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(f) Notify the supervisor immediately of facts or reasonable suspicions when he or she observes behavior or other evidence that a fellow employee poses a risk to the health and safety of the employee or others;
(g) Consent to drug or alcohol testing and searches pursuant to this policy; and (h) Follow the City’s drug and alcohol-free workplace policy.
22.11 Management Responsibilities – City department heads and executive management employees must:
(a) Notify the state or federal granting agency which has funded the work or program, if any, of any criminal drug statute convictions for a violation that occurred at a site where work is/was being done with a specific grant or contract; (b) Record factors supporting “reasonable suspicion” as defined above and consult with other management staff in order to determine whether there is reasonable suspicion to test an employee as described by this policy; (c) Take appropriate disciplinary action up to and including termination for any criminal drug statute conviction that has a nexus to the employee’s employment, or require that the convicted employee participate satisfactorily in a drug abuse assistance or rehabilitation program as a condition for returning to duty; (d) Take appropriate disciplinary action for any violation of this policy consistent with existing discipline procedures;
(e) Enforce this policy;
(f) Report any suspected violation of this policy to the Personnel Officer; and (g) Any supervisor who knowingly permits a violation of this policy by any employee shall be subject to disciplinary action.
22.12 Drug-Free Awareness Program – The City shall notify each employee of the availability of counseling and treatment of drug-related problems through the City’s Employee Assistance Program provider.
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SECTION 23. USE OF CITY PROPERTY AND EQUIPMENT POLICY
23.1 City property is to be used only for conducting City business unless otherwise authorized.
City property includes, but is not limited to: telephones, cell phones, desks, computers (including hardware and software), file cabinets, lockers, communications stored or transmitted on City property (such as e- and voice-mails), vehicles and any other City property used by City employees in their work. Employees do not have a reasonable expectation of privacy in City property or equipment.
23.2 City property may be monitored and searched at any time and for any reason. Messages sent or received on City equipment including cell phones may be saved and reviewed by others.
As a result, City employees have no expectation of privacy in the messages sent or received on City property or equipment.
23.3 Every City employee is required to adhere to all City rules and policies while on City property or using City property or equipment.
23.4 Use of City Vehicles
(a) This policy establishes procedures regarding the effective and economical usage of City owned pool and privately owned vehicles operated during the course of City business. Use of City owned pool vehicles shall be relied upon as the primary means of vehicle usage for City business, as it provides the greatest control over operating costs, usage, maintenance, inspection and insurance.
(b) This policy has been approved by the City for use in matters regarding the use of all vehicles operated during the course of City business. This policy does not apply to commercial motor vehicles.
(c) Assignment of Responsibility –
(1) The Personnel Officer shall keep a list of all employees who may be required to drive City owned pool or privately owned vehicles on City business.
(2) The Personnel Officer shall also be responsible for overseeing the implementation of necessary driver training programs and ensuring that employees who require such training are in attendance.
(3) All City employees whose duties may require them to drive in the course and scope of employment shall promptly provide insurance and driver license information at the time City employment is established. Employees are to comply with all training and other reporting requirements of this policy.
(d) Use of City Owned Vehicles
(1) City owned pool vehicles fall into the following three categories and have restrictions based upon type and use:
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(i) Vehicles kept overnight at City facilities and assigned for use on a shared or designated basis during the course of daily City business.
Personal use is expressly prohibited.
(ii) Vehicles assigned to managers on a permanent basis, and used for daily commuting to and from the City. According to the Internal Revenue Service, commuting to and from work and any other incidental personal usage is not considered official use, and must be reported as imputed taxable income.
(iii) Vehicles designed for emergency or on-call use, and authorized for use to and from work in order to respond on a 24-hour basis.
Employees authorized to operate emergency or on-call vehicles may make reasonable but limited stops before and after assigned work shifts while traveling to and from work.
(iv) Only City employees are authorized to operate City owned pool vehicles.
(2) City owned pool vehicles are for transporting only those employees whose duties require the use of a motor vehicle, and such other persons whose business activities are important to City interests.
(i) In general, family members, friends or others may not be transported in City owned pool vehicles, including in those vehicles authorized for use commuting to and from the City or designated for emergency or on-call use. Prior written approval from the Personnel Officer is required before transporting family members, friends or others. (ii) Employees who have a City owned pool vehicle permanently assigned to them and/or City owned pool vehicles assigned for use within their department are responsible for ensuring that only those persons with a valid driver's license and on official City business are allowed use of the City owned pool vehicle.
23.5 Use of Privately Owned Vehicles – There are times where the use of an employee’s personal vehicle is preferable because either a City owned pool vehicle is not available or because the use of a privately owned vehicle is deemed more efficient. When such is the case, the following shall apply:
(a) An employee may use his/her privately owned vehicle when he/she has a transportation need for City business and upon written authorization by his/her supervisor. This written authorization may be general and ongoing where the need to drive in the course and scope of employment is recurrent or ongoing; or, may be specific to a date if the need is an exception to the norm. (b) Employees are to contact their personal insurance company if involved in an accident while on City business. An Accident Kit must be obtained from the
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Personnel Officer and kept with the privately owned vehicle while operating on City business.
(c) It is the responsibility of the individual utilizing his/her privately owned vehicle to maintain accurate records of the purpose and extent of his/her travel, and to make substantiated claims for reimbursement. The vehicle and/or mileage allowance is intended to cover the employee’s cost of operating the vehicle on City business, including the cost of insurance. Further, all operating expenses of the privately owned vehicles are to be borne by the employee. This includes, but is not limited to, gasoline, oil, maintenance, wear and tear, depreciation and insurance. The reimbursement will be based on the current IRS reimbursement amount. (d) The City is not liable for any damage to an employee’s personally owned vehicle, unless caused by the City’s negligence (employee’s negligence excepted). It is the responsibility of the employee operating the vehicle to notify the Personnel Officer, the Department of Motor Vehicles, and the employee’s insurance company in the case of any accident or damage.
23.6 Vehicle Operation Guidelines – Employees shall obey all federal, state and local laws while operating either City owned pool or personally owned vehicles on official City business. (a) It is the responsibility of the employee operating either a City owned pool or personally owned vehicle to ensure that all persons in the vehicle fasten seat belts before starting the engine of the vehicle and keep seat belts fastened throughout the travel.
(b) The vehicle operator is responsible for assuring that all items of cargo, materials or tools are properly secured.
(c) No person shall be allowed to ride on running boards, fenders, hoods, tailgates, beds or other locations on a vehicle not designed or approved by the vehicle manufacturer for passenger seating. An exception to this shall be emergency vehicles and vehicles designed and equipped for passengers outside the cab area. (d) Any injuries sustained by the vehicle operator or other employees while operating a vehicle on City business shall be covered by workers’ compensation. (e) No employee shall consume any alcoholic beverages, illegal drugs, or legal drugs that would impair an employee’s ability to drive prior to, or while driving either a City owned vehicle or personally owned vehicle on official City business. (f) Alcoholic beverages and drugs shall not be transported or placed in any City owned pool vehicle. This does not apply to those employees whose city duties necessitate transporting alcoholic beverages or drugs in the course and scope of employment, i.e., evidence seized by public safety officers or code enforcement personnel, maintenance personnel doing so to remove and dispose of such items as unwanted refuse if not needed for evidentiary purposes, etc.
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(g) Any employee who operates a City owned pool vehicle, regardless of frequency, is responsible for the proper care and operation of that vehicle. (h) Any vehicle damage beyond normal wear and tear or that includes defects affecting the safe operation of the vehicle must be documented and reported to the Personnel Officer.
(i) No employee shall operate a City owned pool vehicle found to be in an unsafe condition.
23.7 Driver’s License – All City employees authorized to use City-owned pool or personallyowned vehicles on City business must possess a valid California driver’s license and provide proof of licensing upon hire.
(a) All City employees must maintain in good standing a valid driver’s license appropriate for the class of vehicle to be driven and must carry that license on their person while operating a City owned pool vehicle or privately owned vehicles on City business.
(b) An employee whose driver’s license is suspended or revoked for any reason must notify the Personnel Officer no later than the first workday following suspension or revocation of their driver’s license. Such employee shall not be allowed to operate any City owned pool or privately owned vehicles on City business. (c) Employees who possess temporary driving permits or hardship licenses shall not be permitted to operate City or privately owned vehicles in the performance of official City duties.
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SECTION 24. ELECTRONIC EQUIPMENT USE POLICY
24.1 The City provides electronic equipment to employees for use as tools for efficiency in conducting City business.
(a) Electronic equipment includes instruments/devices such as:
(1) Landline telephones
(2) Mobile/cellular telephones
(3) Computers
(4) Facsimile transmission (fax) machines
(5) Photocopiers with and without scanning capabilities (b) Electronic equipment also includes systems such as:
(1) E-mail
(2) Internet and Intranet
(3) Wireless networks
(4) Data systems
(5) Voicemail
(6) City network
24.2 Electronic equipment access is provided by the City to facilitate the performance of City work.
(a) Incidental personal use is secondary, should not interfere or conflict with business use or job performance, should clearly indicate that it is personal, not City, usage, and is subject to regulation for cost controls.
(b) Electronic equipment must be used in compliance with applicable statutes, regulations, and City policies including those that require a work environment free from discrimination and harassment.
(c) Employees are expected to use common sense and judgment to avoid any communication which is disrespectful, offensive or illegal.
24.3 Electronic equipment, and communications and content sent through the City’s electronic equipment (e.g. e-mail, electronic files, text messages, voicemail), are not confidential. (a) Employees shall have no expectation of privacy.
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(b) Employees acknowledge that the City has the right without prior notice to monitor, review, access, retrieve and make proper and lawful use of all electronic equipment, and electronic communications and content contained in and transmitted through the City’s network and outside providers of wireless or electronic communications services.
(c) The existence of passwords or message delete functions does not restrict the City’s ability or right to access electronic equipment and communications and content sent through the City’s electronic equipment.
(d) In addition, where circumstances require, and the law allows, even communications on privately held electronic equipment may be subject to disclosure where the City has a legitimate business interest therein, i.e., investigations of employee misconduct, etc.
24.4 Communications Through Other Systems or Networks - Certain communications and content sent through the City’s electronic equipment (e.g. e-mail, electronic files, text messages, voicemail) to recipients on networks/systems which are outside of the City pass through networks/systems not managed by City. Some delivery methods and networks/systems impose legal restrictions regarding the nature of messages allowed. (a) Employees are expected to comply with all such regulations. Employees can create criminal and civil liability for themselves and the City by using those systems in an offensive, defamatory or illegal manner. In such event employees and other users may be subject to disciplinary action up to and including termination.
24.5 Misuse - Without exhausting all the possibilities, the following are examples of misuse of the City’s electronic equipment:
(a) Any use that violates applicable law and/or City policies, rules or procedures. (b) Exposing others unwillingly, either through carelessness or intention, to material which is offensive, harassing, obscene or in poor taste. This includes information which could create an intimidating, offensive or hostile work environment. (c) Any use that may, for a reasonable person, create or further a hostile attitude or give offense on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law.
(d) Communication of confidential City information to unauthorized individuals within or outside of City.
(e) Unauthorized attempts to access data or break into any City or non-City system. (f) Theft or unauthorized copying of electronic files or data.
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(g) Initiating or sustaining chain/spam letters, e-mail or other unauthorized mass messaging communication.
(h) Intentional misrepresentation of one’s identity for improper or illegal purposes. (i) Personal commercial or business activities (e.g. “for sale” notices, personal ads, etc.).
(j) Transmitting/accessing obscene material and/or pornography. (k) E-Commerce.
(l) Online gambling.
(m) Installing or downloading unauthorized software or equipment. (n) Violating terms of software licensing agreements.
24.6 Consequences of Misuse - Employees shall be held accountable for misuse and may be disciplined in accordance with applicable City rules. The City reserves the right to restrict or rescind employees’ access to electronic equipment at its discretion. The City reserves the right to specify how the City’s network resources will be used and administered to comply with this policy.
24.7 Access to Remote Email - Unless specified in writing by the Personnel Officer, non-exempt employees are not authorized to have access to remote email via the web or mobile phone.
24.8 City Email – The City’s email system is an official communication tool for City business.
An official email address is established and assigned by the City to each employee the City deems necessary.
(a) All City communications sent via email will be sent to and from this address. City employees must use the official agency email, instead of their private email address (such as gmail, yahoo, etc.) when communicating agency business via email. (b) Should an email related to City business be sent to an employee’s personal email account, the email should be immediately forwarded to the employee’s City email account and responded to accordingly.
24.9 Cell Phone Use – All City issued cell phones are provided as a tool to conduct City related business. City cell phones are issued on an as-needed basis with the approval of the Personnel Officer. All employees shall use such devices in a responsible, appropriate, and safe manner. (a) Employees are prohibited from installing any third party equipment to City cell phones unless approved by the employee's supervisor in writing. (b) Employees have no expectation of privacy as to data residing in telecommunications devices and /or voice mail. The City may inspect that data at any time and without notice, as permitted by state and federal law.
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(c) Employees shall protect City cell phones from loss or damage. An employee assigned a City phone is responsible for its good care and will be required to reimburse the City's cost for any damage, or lost cell phones due to negligence. If such device is damaged, fails to work properly, or is stolen or lost, the employee shall immediately notify the Personnel Officer.
(d) City cell phones should only be used by employees in the performance of their official duties. Personal use, beyond incidental use, of City cell phones is strictly prohibited and will result in disciplinary action and reimbursement of charges for personal use.
(e) Employees are prohibited from using the camera function on City cell phones, except as authorized by a supervisor for work-related purposes.
24.10 Minimal Personal Use of Communications Equipment Permitted – City employees may use City telephones and e-mail for incidental personal use provided that the use:
(a) Is kept to a minimum and limited to break times or non-working hours; (b) Does not have any impact upon other City employees or operations; (c) Allows the employee to more efficiently perform City work; and (d) Is not abusive, illegal, or inappropriate.
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SECTION 25. SOCIAL MEDIA USE POLICY
25.1 The establishment and use by any employee of City social media sites are subject to approval by the City Manager. The City Manager will determine the appropriate level of employee access, which includes identifying what social media sources, or type of source, each department or individual is approved to use, as well as define their respective capabilities, i.e., publish, edit, comment or view only.
25.2 The Personnel Officer will monitor content on City social media sites to ensure adherence to this policy and the interests and goals of the City. The City reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. City social media sites are subject to the California Public Records Act. Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure.
There shall be no expectation of privacy in any content or comments on City social media sites.
25.3 Employee Use of Social Media
(a) Employees are prohibited from using City electronic communications resources, or work time, for personal social media use. Employees are prohibited from using City email addresses to register on social networks, blogs or other online tools utilized for personal use.
(b) Employees should avoid posting on any social media site: statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage City clients, co-workers, or that might constitute harassment or bullying, particularly where the site or the content thereof might reasonable demonstrate or infer City employee or official City action. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law. If the content posted violates any City rule, the employee shall be subject to disciplinary action.
(c) If an employee creates personal, non-work related content on a social media site and the City is the subject of the content, the employee should be clear and open about the fact that he/she is an employee and make it clear that the views expressed do not represent those of the City, co-workers, City clients, or people working on behalf of the City; and that the employee is not speaking on behalf of City. The following disclaimer may be used: “The postings on this site are my own and do not necessarily reflect the views of the City.”
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SECTION 26. VIOLENCE IN THE WORKPLACE POLICY
26.1 The City is committed to providing a safe and secure workplace for employees and the public. The City will not tolerate acts or threats of violence in the workplace. The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy may lead to criminal prosecution, and/or disciplinary action, up to and including termination.
26.2 Prohibited Behavior – Employees are prohibited from engaging in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City employment. The City has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.
26.3 Weapons - Employees engaged in City business are prohibited from carrying weapons in violation of any law or this policy unless weapons are required for performance of the job.
26.4 Workplace Violence or Abuse – “Workplace Violence” is any conduct in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person's work performance. Specific examples of workplace violence include, but are not limited to, the following:
(a) Threats or acts of physical harm directed toward an individual or his/her family, friends, associates, or property.
(b) The destruction of or threat of destruction of City property or another employee’s property.
(c) Harassing or threatening phone calls.
(d) Surveillance.
(e) Stalking.
(f) Possession of offensive or defensive weapons (firearms, illegal knives, clubs, mace, pepper spray, tear gas, etc.) unless specifically required or authorized and approved by the Personnel Officer. Weapons are defined as firearms, chemical sprays, clubs or batons, and knives, and any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.
26.5 Incident Reporting Procedures
(a) Employees shall immediately report workplace violence to their supervisor or department director. The supervisor or department director will report the matter to the Personnel Officer.
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(b) The Personnel Officer shall document the incident, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.
(c) The Personnel Officer shall take appropriate steps to provide security, such as:
(1) Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation;
(2) Asking any threatening or potentially violent person to leave the site; or (3) Immediately contacting an appropriate law enforcement agency. (d) The City shall comply with any additional recordkeeping and reporting requirements under Labor Code section 6401.9, as may be amended.
26.6 Investigation – The Personnel Officer shall see that reported violations of this policy are investigated as necessary.
26.7 Management Responsibility – Each department head has authority to enforce this policy by:
(a) Training supervisors and subordinates about their responsibilities under this policy; (b) Assuring that reports of workplace violence are documented accurately and timely; (c) Notifying the Personnel Officer and/or law enforcement authorities of any incidents;
(d) Making all reasonable efforts to maintain a safe and secure workplace; and (e) Maintaining records and follow up actions as to workplace violence reports.
26.8 Follow-Up Disciplinary Procedures – An employee found in violation of this policy will be subject to disciplinary action, up to and including termination of employment. The City may also direct that an employee submit to a fitness for duty examination. In addition, employees found in violation of this policy may be subject to criminal prosecution.
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SECTION 27. OTHER EMPLOYEE CONDUCT POLICIES
27.1 Dress Code Policy – Employees of the City are required to dress appropriately for the jobs they are performing. Therefore, failure to follow the dress code regulations contained in this section shall be grounds for discipline. The following dress code regulations shall apply to all City employees.
(a) All clothing must be neat, clean, and in good repair. (b) Prescribed uniforms and safety equipment must be worn. (c) Foot wear must be appropriate for the work environment and functions performed. (d) Hair must be neat, clean and well-groomed.
(e) Beards, mustaches, and sideburns must be maintained in neat and well-groomed fashion.
(f) Jewelry is acceptable except where it constitutes a health or safety hazard. (g) Good personal hygiene is required.
(h) Dress must be appropriate to the work setting particularly if the employee has public contact.
27.2 Tattoo and Body Art Policy – Employees of the City are expected to project a professional appearance while at work. Therefore, failure to follow the regulations contained in this section shall be grounds for discipline.
(a) No tattoos or body art are allowed anywhere on the head, face, or neck. (b) Any visible tattoos or body art shall not be obscene, sexually explicit, discriminatory to sex, race, religion, or national origin, extremist, and/or gangrelated. (c) No visible tattoos or body art shall be larger than 4 by 6 inches. (d) Any non-conforming tattoos or body art will be covered with clothing, bandage or makeup while at work or removed.
(e) If an employee has a question about how or whether the tattoo and body art policy is or ought to be applicable to them, the matter should be immediately raised with their supervisor for consideration and determination.
27.3 Piercing Policy – Employees of the City are expected to project a professional appearance while at work and not endanger themselves or others with excessive body piercing. Therefore, failure to follow the body piercing regulations contained in this section shall be grounds for discipline.
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(a) No objects, articles, jewelry or ornamentation of any kind shall be attached to or through the skin if visible on any body part including the tongue or any part of the mouth except that women may wear one set of reasonably-sized earrings in each ear lobe.
(b) Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a clear, plastic spacer.
(c) If an employee has a question about how the piercing policy is applicable to them, the matter should be immediately raised with their supervisor for consideration and determination.
(d) If an employee has a question about how or whether the Piercing policy is or ought to be applicable to them, the matter should be immediately raised with their supervisor for consideration and determination.
27.4 Smoking/Use of Tobacco Products Policy – The City observes a policy of not allowing smoking or the use of smokeless tobacco products in all City-owned vehicles and buildings which includes the Civic Center Complex, the Senior Center, and the Maintenance Shop and Offices.
Smoking not only includes tobacco products, but also e-cigarettes or any other similar product that produces, smoke, aerosol, and/or vapor.
AGENDA REPORT
MEETING DATE: July 8, 2025
TITLE: First Reading and Introduction by Title Only, with Further Reading Waived of, Addition of Mobile Food Truck Ordinance to the City of Grand Terrace Municipal Code
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Direct The City Attorney To Read By Title Only, Waive Reading Of, And Introduce "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ADDING CHAPTER 12.60 (MOBILE
FOOD TRUCKS) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC
PLACES) OF THE GRAND TERRACE MUNICIPAL CODE TO REGULATE
THE OPERATION OF MOBILE FOOD TRUCKS WITHIN THE CITY OF
GRAND TERRACE"
2030 VISION STATEMENT:
This staff report supports Goal #3, Promote Economic Development BACKGROUND:
Mobile food vendors are an increasingly popular form of business and food service throughout the region. While mobile food trucks offer a dynamic and flexible food service model, their presence in public rights-of-way and private lots without regulation has the potential to disrupt traffic, obstruct pedestrian movement, reduce available parking, and cause safety hazards.
California Vehicle Code Section 22455 authorizes local governments to regulate the time, place, and manner of mobile food truck operations to protect public health and safety. Similarly, Article XI, Section 7 of the California Constitution grants cities police powers to regulate public welfare.
At present, the City of Grand Terrace lacks a comprehensive regulatory framework specific to mobile food trucks. As a result, there is ambiguity in enforcement, and community concerns regarding public safety, trash accumulation, and business equity have increased. The proposed ordinance seeks to address these issues while allowing regulated opportunities for mobile vendors to operate in appropriate areas under defined conditions.
DISCUSSION:
The proposed ordinance adds Chapter 12.60 (Mobile Food Trucks) to Title 12 of the Grand Terrace Municipal Code. This ordinance establishes a uniform and enforceable framework governing mobile food truck operations on both private property and in public rights-of-way.
Key elements of the ordinance include:
1. Time, Place, and Manner Restrictions:
• Limits mobile food truck operations to specific zones where restaurant uses are allowed or
adjacent to such zones
• Prohibits operation near crosswalks, intersections, schools, parks, libraries, and other sensitive land uses
• Establishes operating hours between 7:00 a.m. and 7:00 p.m. for public right-of-way operations
2. Public Safety and Traffic Flow Considerations:
• Requires adequate visibility and clearance around intersections, driveways, and fire hydrants • Prohibits obstruction of sidewalks, drive aisles, or emergency access routes • Requires maintenance of cleanliness and debris control around vending areas
3. Temporary Use Permit (TUP) Requirements:
• Mobile food truck operators must apply for and receive a Temporary Use Permit (TUP) through the Planning Department
• The application process includes providing site plans, health certifications, insurance, restroom access agreements (if applicable), and waste disposal plans
4. Health and Safety Requirements:
• Requires compliance with San Bernardino County Public Health and Fire Department inspections
• Establishes distance requirements from restrooms and requires adequate waste receptacles and disposal procedures
5. Prohibited Actions and Enforcement Provisions:
• Prohibits the use of amplified sound, sales of alcohol or controlled substances, and overnight parking or restocking on public streets
• Prohibits the use of additional furniture such as tables, chairs, and umbrellas in public areas ENVIRONMENTAL IMPACT:
The ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15268, as it is a ministerial action involving the issuance of temporary use permits.
FISCAL IMPACT:
There is no significant fiscal impact associated with the adoption of this ordinance. The City may receive limited revenue through permit fees, which will offset staff time involved in processing TUP applications and conducting inspections.
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA ADDING CHAPTER 12.60 (MOBILE FOOD
TRUCKS) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES)
OF THE GRAND TERRACE MUNICIPAL CODE TO REGULATE THE
OPERATION OF MOBILE FOOD TRUCKS WITHIN THE CITY OF
GRAND TERRACE
WHEREAS, California Vehicle Code section 22455 allows municipalities to regulate the time, place, and manner of mobile food truck operations in order to protect public safety, and Article XI, Section 7 of the California Constitution extends to municipalities the police power authority to regulate in furtherance of public health and welfare; and
WHEREAS, the primary purpose of the public right-of-way is for unobstructed use by vehicular and pedestrian traffic; and
WHEREAS, streets adjacent to a commercial zone are typically designed to be wider in order to accommodate increased traffic flow and provide resources for parking, which are necessary to support commercial activity; and WHEREAS, allowing mobile food trucks within public rights-of-way near intersections and driveways may obstruct sight lines, which are necessary for drivers to see oncoming vehicles in sufficient time to stop before reaching an intersection; and WHEREAS, regulating the operation of mobile food trucks within public rights-ofway will minimize safety hazards by addressing issues such as vehicular traffic congestion, promoting the unobstructed use of public rights-of-way, and reducing the negative impact on on-street parking availability; and
WHEREAS, the City Council of the City of Grand Terrace (the “City Council”) desires to regulate the operation of mobile food trucks within public rights-of-way to protect the health, safety, and general welfare of the residents of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals in this Ordinance are true and correct and incorporated herein by this reference.
SECTION 2. Chapter 12.60 (“Mobile Food Trucks”) of Title 12 (“Streets, Sidewalks and Public Places”) of the Grand Terrace Municipal Code is hereby added shall now read as follows:
“CHAPTER 12.60 – MOBILE FOOD TRUCKS
12.60.010 – Purpose
The purpose of this Chapter is to:
A. Protect the health, welfare, and safety of residents and all people within the City’s boundaries by regulating the time, place, and manner of mobile food truck operations within the City of Grand Terrace.
B. Protect public safety and traffic flow when mobile food trucks are operating in public right of ways.
C. Mitigate safety, traffic, and health hazards associated with mobile food trucks, including, but not limited to:
I. Encouraging pedestrians to cross mid-block to purchase food; II. Contributing to vehicular traffic congestion;
III. Reducing available parking; and
IV. Posing risks to motorists navigating the public right-of-way.
12.60.020 – Definitions
For the purposes of this chapter:
A. “Commercial zone” means areas designated for commercial land uses under a specific plan or zoning code.
B. “Food” or “Food products” means any type of edible substance or beverage.
C. “Mobile food truck” means any self-propelled, motorized device or vehicle by which any person or property may be propelled or moved upon a highway, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle, which is used, designed or outfitted to dispense ready-to-eat food or food products to patrons or from which food or food products are sold, offered for sale, displayed, bartered, exchanged or otherwise given. “Mobile food truck” does not include:
1. Vehicles used solely to deliver food or food products previously requested by a patron, home or business establishment, such as “Meals-on-Wheels” or delivery trucks.
2. Vehicles used for the display, sale or dispersal of food or food products as part of an organized community event for which permission has been granted by the City.
D. “Mobile food service location” means the free clear vending area located on a lot, but not including any structures, landscaping and other developed features; or a location in a public right of way, free of obstructions, where mobile food trucks operate.
E. “Mobile food vendor” means a person that operates or assists in the operation of a mobile food truck.
F. “Vend” or “Vending” means to sell, offer for sale, display, barter, exchange, or otherwise give food or food products from a mobile food truck.
G. “Vendor” means a person who vends, including an employee or agent of a vendor.
12.60.030 – Mobile Food Trucks In The Public Right-of-Way A. Subject to the requirements provided in this chapter, mobile food trucks with an approved mobile food truck Temporary Use Permit are allowed in the public right of way in commercial zones and directly adjacent to commercial zones that allow restaurant uses.
B. A mobile food truck may not park its vehicle in the public right-of-way unless the vendor adheres to the following standards and conditions:
1. Mobile food trucks must adhere to all local traffic laws and posted road signs.
2. Mobile food trucks shall be in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked.
3. Mobile food trucks operating within a public right-of-way must be located on a street within or adjacent to a commercial zone, where the street is sufficiently wide to accommodate normal traffic flow, vendor operations, and available resources for parking and public safety.
4. Mobile food trucks shall not obstruct pedestrian or vehicular traffic.
5. Mobile food trucks and Vendors are prohibited from vending toward or on the exposed street and/or traffic side of the mobile food truck.
6. Mobile food trucks and Vendors shall not distribute any item from the mobile food truck in a manner that causes any person to stand in that portion of the street that is between the vehicle and the center of the street.
7. A Vendor shall not encroach onto a public sidewalk with any part of its mobile food truck, or any other equipment or furniture related to the operation of its business.
C. The streets, sidewalks, and parkway areas within a 30 foot perimeter of the mobile food truck shall be kept free of any debris or trash.
D. No shade covers or awnings shall extend more than 3 feet over the sidewalk with a minimum 7 feet vertical clearance.
E. Mobile food trucks shall not operate within 25 feet of any street intersection controlled by any marked or unmarked crosswalk, traffic light, or stop sign.
F. Nothing in this Chapter shall be construed to prohibit mobile food trucks from lawfully traveling through the public right-of-way without stopping to get to the ultimate destination.
12.60.040 – Mobile Food Truck General Requirements
A. Current City of Grand Terrace Business License.
B. Current City of Grand Terrace Temporary Use Permit (TUP).
C. City of Grand Terrace mobile food truck approval sticker/decal posted in a conspicuous location on the mobile food truck.
D. Vending sites must be large enough to accommodate the mobile food truck without causing undue strain on surrounding properties. The site should have adequate access to streets and highways with sufficient width and improvements to accommodate the traffic generated by the mobile food truck land use.
E. Adequate temporary parking should be available either on-site or at alternate locations acceptable to the Planning Director or their designee.
F. Mobile food truck signage.
1. A maximum of 3 double sided a-frame signs no larger than 36 inches tall by 24 inches wide that are made of corrugated plastic are allowed under a mobile food truck Temporary Use Permit.
2. All additional signage shall be integral to the paint scheme and/or wrapping of the mobile food truck.
G. Mobile food tuck mounted outdoor lighting shall be shielded or downward facing.
H. Mobile food trucks shall be located at least fifteen (15) feet from any fire hydrant, utility box or vault, public right of way, emergency vehicle route, internal drive aisle, tree canopy or pedestrian pathway.
I. A mobile food truck shall possess and at all times display in a clear view a certified copy of its current environmental health decal, grade card issued by the department of environmental health, business license, and approved mobile food truck Temporary Use Permit.
J. Waste disposal.
1. Trash receptacles.
a. At least one recycle and one refuse receptacle shall be provided within a 20 foot radius of the mobile food truck for use by customers. b. Prior to leaving the location, the vendor shall pick up, remove and dispose of all trash generated by the vendor’s operation located within a 25-foot radius of the mobile food truck’s location. c. Unless the property owner has provided for a permitted dumpster, all trash receptacles shall be removed once the mobile food truck operation has ceased each day.
2. Wastewater generated on-site shall not be released on-site or into the storm drainage system.
K. In accordance with Section 114315 of the California Retail Food Code, mobile food trucks stopped to conduct business for more than one hour, shall operate within two hundred (200) feet of an approved, readily available and functioning restroom facility. If the restroom is within a business, the mobile food truck operator must submit with the Temporary Use Permit application, written permission from the business owner providing the hours the restroom facilities are being made available for use. Executive portable toilet facilities with handwashing stations may satisfy this requirement.
L. Federal, state, and local laws and regulations. Mobile food trucks shall comply with all other applicable federal, state and local laws and regulations.
M. A Vendor must ensure that all sales tax revenue is properly reported and allocated to the City.
N. A Vendor must have a valid Public Health Operating Permit, Operators Food Handler’s Certificate, Food Vehicle Certificate Sticker, and Seller’s Permit.
O. All food or food products sold or provided from the mobile food truck shall comply with all applicable food labeling requirements established by the State of California.
P. A Vendor may operate only between the hours of 7:00 a.m. and 7:00 p.m. within a public right-of-way.
Q. Mobile food trucks shall be stored, cleaned, serviced, and emptied of waste and water daily at a commissary/commercial kitchen facility.
12.60.050 – Mobile Food Trucks Prohibited Actions and Items A. Mobile food trucks shall not utilize amplified sound.
B. Mobile food trucks shall not operate within a twenty five-foot radius of another mobile food truck.
C. Mobile food trucks shall not engage in the sale or soliciting the sale of any alcoholic beverages or controlled substances.
D. Mobile food trucks shall not obstruct any street, public right of way, driveway, public sidewalk, or restrict emergency vehicle access.
E. Mobile food trucks are prohibited from restocking on any street or public right of way.
F. Mobile food trucks shall not deploy tables, chairs, freestanding canopies, umbrellas or similar items.
G. Mobile food trucks shall not connect to electrical power from public or private property.
H. Mobile food trucks shall not operate in a manner that creates and obstruction or hazard to the public.
I. Mobile food trucks shall not operate within 50 feet of a marked or unmarked crosswalk at an intersection.
J. Mobile food trucks shall not operate within 250 feet of a school, park, community center, senior center, library or playground.
K. Mobile food truck shall not dispose of oil, grease, or waste on the public right of way or parcel that it operates upon.
L. Air flyers and sign twirlers are prohibited.
12.60.060 – Mobile Food Truck Temporary Use Permit
A ministerial Temporary Use Permit (TUP) processed and approved by the Planning Director, or their designee shall be required for any mobile food truck to operate in the City of Grand Terrace.
A. The mobile food truck operator shall pay the most current TUP application filing fee as established by City Council fee resolution and submit an application for a TUP to the Planning Director or their designee containing the following:
1. Applicant shall provide a written business description describing their business idea, the industry of their business, the present outlook and future possibilities, and other markets and industries that can directly impact their mobile food truck business.
2. Applicant shall provide a vicinity map and a site plan depicting the location(s) that the mobile food truck business will operate from.
3. Applicant shall include their Tax identification number on their application.
4. Applicant shall identify what registered non-P.O. box business address they are using for the mobile food truck.
5. Applicant shall provide a market plan and analysis analyzing the market in their industry; identifying their target market, and competitors; and describing their marketing strategy.
6. Applicant shall provide a management & organization chart charting the key responsibilities of all employees, including the applicant.
7. Applicant shall provide a menu and or product description describing their product and service process, cost of production and selling price.
8. Applicant shall provide proof that a health permit has been issued for the mobile food truck by the San Bernardino Public Health Department and a copy has been submitted to the Planning Director or their designee.
9. Applicant shall provide proof that all the equipment in a mobile food truck is certified by the American National Standards Institute.
10.Applicant shall provide information on what licensed commercial kitchen they own or are renting for the mobile food truck to operate in partnership with.
11.Applicant shall provide information that they have secured a parking space for the mobile food truck which under California law must be parked at a designated food facility when not in use.
12.Applicant shall provide proof that an inspection of the mobile food truck has been completed by the San Bernardino County Fire and a copy has been submitted to the Planning Director or their designee.
13.Applicant shall provide proof of Food Safety Certification the owner or at least one employee of the mobile food truck has passed the stateapproved Food Safety Certification exam.
B. All mobile food truck employees involved in the preparation, storage, or service of food must obtain a Food Handler Card.
C. A Fictitious Business Name or Doing Business As (DBA) statement is required from San Bernardino County when: the mobile food truck business name does not include the surname of the individual owner(s) and each of the partners; the mobile food truck business name suggests the existence of additional owners; or the nature of the mobile food truck business in not evident by the name of the business.
D. Mobile food trucks that sell tangible goods (e.g., food and food products) must provide proof they obtained a seller’s permit from the California Department of Tax and Fee Administration in order to charge sales tax on their goods.
E. A Certificate of General Liability Insurance with the City shall be provided to the Planning Director or their designee prior to final approval of the TUP.
The following requirements are applicable to mobile food trucks operating on private property only.
F. Written consent from the lot owner allowing the mobile food truck to operate on the lot shall be provided to the Planning Director or their designee; and G.There must be no pending code enforcement action on the lot.
12.60.070 – Mobile Food Truck Approval Findings.
The Planning Director or their designee shall ministerially approve a Temporary Use Permit (TUP) for a mobile food truck only if all the following findings are met:
A. The mobile food truck is compliant with all applicable health and safety inspections, approvals, permits and certifications.
B. The mobile food truck owner and/or their employees are certified and trained to meet all legal and permitting requirements to store, prepare, and serve food.
C. The mobile food truck will not result in an obstruction of the street public right of way or sidewalk.
D. The mobile food truck has obtained all necessary clearances and approval to operate at a property with adequate parking and circulation, making it compatible with the surrounding area.
E. The mobile food truck will not be detrimental to the public health, safety, or general welfare of the City of Grand Terrace.
F. The mobile food truck will not pose a threat to the public peace, safety, or general welfare, or be injurious to surrounding properties in the City of Grand Terrace.
G. The mobile food truck complies with the requirements set forth in this Chapter
12.60. 12.60.080 – Environmental
The California Environmental Quality Act (CEQA) does not apply to ministerial Temporary Use Permits for mobile food trucks, provided the permits are granted based solely on objective standards established in Chapter 12.60.
12.60.090 – Mobile Food Truck Exemptions.
This article does not apply to any of the following:
A. Mobile food trucks operating in conjunction with an active construction site.
B. Mobile food trucks operating on the property of a legally existing school, college, university, hospital, city hall, or places of religious worship.
C. Mobile food trucks operating in conjunction with and on the same site as events consistent with a legally permitted land use, community event, or temporary event.”
SECTION 3. Except as otherwise amended herein, the remainder of Title 12 (“Streets, Sidewalks and Public Places”) of the Grand Terrace Municipal Code shall remain unchanged and in full effect.
SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions off this ordinance.
The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court.
SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this ordinance on behalf of the City of Grand Terrace forthwith upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of Grand Terrace at a regular meeting held on the 8th day of July 2025.
_______________________
Bill Hussey
Mayor
ATTEST:
____________________________
Daysi Alcocer
City Clerk
APPROVED AS TO FORM:
____________________________
Adrian R. Guerra
City Attorney
AGENDA REPORT
MEETING DATE: July 8, 2025
TITLE: First Reading and Introduction by Title Only, with Further Reading Waived of an Ordinance Authorizing the Establishment of a Schedule of Fines by Resolution
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Direct The City Attorney To Read By Title Only, Waive Reading Of, And Introduce "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING SECTION 1.16.010
(“GENERAL PENALTIES”) OF TITLE 1 (“GENERAL PROVISIONS”); SECTION 2.44.020 (“VIOLATION—PENALTY”) OF TITLE 2
(“ADMINISTRATION AND PERSONNEL”); SECTION 3.08.150
(“VIOLATION—PENALTY”) OF TITLE 3 (“REVENUE AND FINANCE”); SECTIONS 4.12.010 (“FEES DESIGNATED”), 4.20.010 (“FEES
DESIGNATED”), 4.28.010 (“FINES DESIGNATED”), 4.32.010
(“GENERALLY”), 4.36.010 (“FINES DESIGNATED”), 4.40.010
(“PENALTIES DESIGNATED”), 4.44.020 (“FINES DESIGNATED”),
4.48.040 (“VIOLATION OF SECTION 12.08.310”), 4.60 (“CONDUCT IN PUBLIC PARK”), 4.64.010 (“VIOLATION—PENALTY”), 4.68.060 (“VIOLATION—PENALTY”), 4.105.010 (“FINES DESIGNATED”) OF TITLE 4 (“COMPREHENSIVE FEE SCHEDULES, FINES AND TAXES”);
SECTIONS 5.04.390 (“VIOLATION—PENALTY”), 5.42.190 (“REMOVAL OF REFUSE”) OF TITLE 5 (“BUSINESS TAXES, LICENSES AND
REGULATIONS”); SECTIONS 6.04.050 (“ANIMAL NOISE”), 6.32.030 (“PENALTY PROVISION”) OF TITLE 6 (“ANIMALS”); SECTIONS 8.04.170 (“VIOLATIONS”), 8.08.180 (“CRIMINAL PENALTIES”), 8.68.130 (“VIOLATION—PENALTY”), 8.104.080 (“SAME—CITY BUILDINGS AND FACILITIES), 8.104.090 (“SAME—CITY PARKS AND OTHER
RECREATION AREAS”), 8.104.100 (“SMOKING WASTE”, 8.108.060 (“PENALTY FOR VIOLATION”), 8.112.200 (“ADMINISTRATIVE FINES AND PENALTIES”) OF TITLE 8 (“HEALTH AND SAFETY”); SECTIONS
9.05.030 (“VIOLATION—PENALTY”), 9.32.080 (“VIOLATIONS AND PENALTIES”) OF TITLE 9 (“PUBLIC PEACE, MORALS AND WELFARE”); SECTION 10.04.640 (“INFRACTION—FINE”) OF TITLE 10 (“VEHICLES AND TRAFFIC”); SECTIONS 12.08.440 (“FINES FOR FAILURE TO OBTAIN AN ENCROACHMENT PERMIT”), 12.24.060 (“INSURANCE
REQUIRED”), 12.32.020 (“UNLAWFUL ACTS”), 12.32.140 (“PARK HOURS”), 12.32.160 (“VEHICLES IN PARKS”), 12.32.170 (“ASSEMBLIES, PROGRAMS OR FESTIVALS IN PARKS”), 12.32.180 (“SMOKING”),
12.36.060 (“VIOLATIONS”), 12.48.060 (“VIOLATION—PENALTY”),
12.52.020 (“GENERAL PROHIBITION”), 12.52.070 (“PENALTIES”) OF TITLE 12 (“STREETS, SIDEWALKS AND PUBLIC PLACES”); SECTION
15.52.160 (“VIOLATION—PENALTY”) OF TITLE 15 (“BUILDINGS AND
CONSTRUCTION”); SECTIONS 18.60.030 (“PARKING REGULATIONS”), AND 18.91.050 (“DECLARATION OF PUBLIC NUISANCE”) OF TITLE 18 (“ZONING”) OF THE GRAND TERRACE MUNICIPAL CODE TO
STREAMLINE THE IMPOSITION OF PENALTIES—INCLUDING
INFRACTIONS, MISDEMEANORS, AND ADMINISTRATIVE CITATIONS—
FOR CODE VIOLATIONS AND AUTHORIZING ADOPTION OF A
SCHEDULE OF FINES BY RESOLUTION" and;
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, ADOPTING A SCHEDULE OF FINES
FOR VIOLATION OF THE GRAND TERRACE MUNICIPAL CODE
2030 VISION STATEMENT:
This staff report supports Goal #2, Maintain Public Safety BACKGROUND:
The City of Grand Terrace has adopted a variety of regulations through its Municipal Code in order to promote the health, safety, and general welfare of its residents. Enforcement of the Municipal Code depends in part on an effective and consistent system of penalties for violations, including administrative citations, infractions, and misdemeanors.
Over the past several decades, the Grand Terrace Municipal Code has been amended numerous times through standalone ordinances, resolutions, and updates to individual chapters. These piecemeal changes—often adopted to address specific concerns or comply with state mandates— have resulted in a lack of consistency across code sections, particularly in how violations are classified and penalized.
Some provisions identify violations as misdemeanors, others as infractions, and many are silent or ambiguous regarding enforcement type. In addition, penalties for similar offenses vary significantly in severity, creating confusion for both staff and the public. In some cases, outdated language or crossreferences have further complicated interpretation and enforcement.
This inconsistency has made it difficult for staff to apply penalties fairly and uniformly, and has undermined the City’s ability to effectively administer code enforcement. Without a consolidated and clearly adopted fine schedule, enforcement efforts may be subject to challenge or delays, and repeat violators may not face escalating consequences.
To address these issues, an Ordinance is proposed to amend various sections of the municipal code and authorize the creation and amendment of a centralized Schedule of Fines by City Council resolution. This ordinance and resolution is the first implementation of that authority and is intended to bring clarity, consistency, and transparency to the enforcement process by establishing a uniform fine structure aligned with the Municipal Code. In developing this fine schedule, staff reviewed the penalty structures of surrounding cities to ensure consistency, reasonableness, and enforceability.
DISCUSSION:
The proposed Schedule of Fines, attached as Exhibit A to the resolution, provides a comprehensive and uniform framework for classifying and penalizing Municipal Code violations. The schedule includes:
• Classification of Violations
Each code section subject to enforcement is classified as an infraction, misdemeanor, or administrative citation, based on the severity of the offense and its impact on public health and safety.
• Graduated Fine Structure
For infractions and administrative citations, the schedule outlines escalating fine amounts for repeat violations (e.g., 1st, 2nd, 3rd offense within a 12-month period). • Legal Compliance
All fine amounts are consistent with state law limits under California Government Code Sections 36900 and 53069.4, which govern maximum penalties for municipal code infractions and administrative citations.
• Public Health and Safety Focus
The fine schedule prioritizes code enforcement actions that address critical health, safety, and quality-of-life concerns, such as illegal dumping, property maintenance violations, unauthorized commercial activities, and unpermitted construction.
• Enforcement Flexibility
Adoption of the schedule by resolution allows the City Council to amend fines in the future without requiring a full ordinance update—offering administrative efficiency and adaptability.
ENVIRONMENTAL IMPACT:
The adoption of a fine schedule is not a project under the California Environmental Quality Act (CEQA) as defined in Section 15378(b)(5) of the CEQA Guidelines, because it involves general policy and administrative activity with no physical effect on the environment.
FISCAL IMPACT:
There is no direct fiscal impact associated with adoption of the Schedule of Fines. However, a clear and enforceable fine schedule is expected to support more efficient code enforcement and may reduce staff time spent on violations. Revenues from administrative citations may modestly offset enforcement costs.
01247.0001 2016144.2
RESOLUTION NO. 2025-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADOPTING A SCHEDULE OF FINES FOR
VIOLATION OF THE GRAND TERRACE MUNICIPAL CODE
WHEREAS, the City Council of the City of Grand Terrace (“City Council”) has previously adopted Ordinance No. 330, which authorizes the establishment and amendment of a schedule of fines for violation of the Grand Terrace Municipal Code by resolution; and
WHEREAS, the creation of a fine schedule allows for uniformity in classifying the types of violations enforced upon individuals for failure to comply with the City of Grand Terrace’s Municipal Code; and
WHEREAS, the City’s Fine Schedule establishes specific penalties for violating the City of Grand Terrace’s Municipal Code including the classification of each offense as an infraction, misdemeanor, or administrative citation; and WHEREAS, the City has reviewed the fine schedules for neighboring jurisdictions in order to establish a reasonable and consistent fine schedule aligned with the City of Grand Terrace’s Municipal Code; and
WHEREAS, the adoption of the Fine Schedule is necessary and appropriate to implement Ordinance No. xxx and to promote the public health, safety and welfare of the community; and
WHEREAS, the City Council desires to adopt the Schedule of Fines as set forth in “Exhibit A” and authorize future amendments of infractions, misdemeanors, and administrative citations by resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council finds that the above recitations are true and correct and accordingly, are incorporated as a material part of this Resolution.
2. The City Council hereby approves and adopts the Schedule of Fines, attached hereto as “Exhibit A,” which sets forth penalties associated with violations of the City’s Municipal Code, including infractions, misdemeanors, and administrative citations.
3. Future amendments to the Schedule of Fines may be made by resolution, without the need for further ordinance adoption, provided such amendments are consistent with the Municipal Code and applicable law.
01247.0001 2016144.2
4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Grand Terrace hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
5. The City Clerk shall certify to the adoption of this Resolution.
6. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 8th day of July 2025. __________________________
Bill Hussey
Mayor
ATTEST:
________________________________
Daysi Alcocer
City Clerk
APPROVED AS TO FORM:
________________________________
Adrian R. Guerra
City Attorney
01247.0001 2013702.1
EXHIBIT A
Municipal Code Fine Schedule
(Filed [date] – Updated through Ordinance ____)
GENERAL PROVISIONS:
Infraction Violations
• Grand Terrace Municipal Code Section 1.16.010 provides that any person violating or failing to comply with any provision of the Code shall be guilty of an infraction unless a different penalty is prescribed or unless the violation is made a misdemeanor.
• Grand Terrace Municipal Code Section 1.16.010 provides that any person violating any of the provisions or failing to comply with any of the mandatory requirements of the Code may be prosecuted for an Infraction. • Grand Terrace Municipal Code Section 1.16.010 also states that any and all persons guilty of an infraction under the provisions of this Code shall be punished by a fine as set by resolution of the City Council. • Grand Terrace Municipal Code Section 1.16.010 additionally provides that all persons guilty of an Infraction shall pay the fine within 30 days or be declared delinquent and the fine doubled. The failure to pay within 90 days shall result in a tripling of the fine, and filing of the amount with the county as a tax lien against the property under the Code.
Misdemeanor Violations
• Grand Terrace Municipal Code Section 1.16.010 provides that any person convicted of a Misdemeanor under the provisions of this code shall be punished by a fine as set by resolution of the City Council. Additionally, persons guilty of a misdemeanor shall pay the fine within 30 days or be declared delinquent and the fine doubled. Failure to pay within 90 days shall result in a tripling of the fine, and filing of the amount with the county as a tax lien against the property.
• California Penal Code Section 19 provides that, except in cases where a different punishment is prescribed by state law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding $1,000.00, or both.
• There are some sections in the Grand Terrace Municipal Code which detail specific penalties for violations; these penalties have been clearly identified in this fine schedule.
01247.0001 2013702.1
Administrative Citations
• Grand Terrace Municipal Code Section 1.16.010 provides that any person found guilty of an administrative fine under the provisions of this code shall be punished by a fine as set by resolution of the City Council. Additionally, persons found guilty of a violation and receiving an administrative fine shall pay the fine within 30 days or be declared delinquent and the fine doubled. Failure to pay within 90 days shall result in a tripling of the fine, and filing of the amount with the county as a tax lien against the property.
01247.0001 2013702.1
Title 2 ADMINISTRATION AND PERSONNEL
MUNICIPAL
CHAPTER
DESCRIPTION MUNICIPAL
CODE SECTION
DESCRIPTION VIOLATION MAXIMUM FINE
2.44 RESTRICTIONS ON
CANDIDATE
CONTRIBUTIONS
2.44.020 Violation – Penalty. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
Title 3 REVENUE AND FINANCE
MUNICIPAL
CHAPTER
DESCRIPTION MUNICIPAL
CODE SECTION
DESCRIPTION VIOLATION MAXIMUM FINE
3.08 SALES AND USE TAX 3.08.150 Violation – Penalty. Misdemeanor $1000 and/or 6 months jail Title 4 COMPREHENSIVE FEE SCHEDULES, FINES, AND TAXES
MUNICIPAL
CHAPTER
DESCRIPTION MUNICIPAL
CODE SECTION
DESCRIPTION VIOLATION MAXIMUM FINE
4.32 FINES FOR
PROHIBITED NOISES
4.32.010 Generally. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
4.40 TRAFFIC SIGNS AND
MARKINGS –
VIOLATIONS
4.40.010 Penalties designated. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
4.44.020(A) Fines designated. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
4.44 PARKING CITATION
FINES
4.44.020(B) Fines designated. Administrative 1
st Violation = $200.00
01247.0001 2013702.1
2 nd Violation = $500.00
3 rd Violation = Misdemeanor Penalty
4.44.020(C) Fines designated. Administrative 1
st Violation = $500.00
2 nd Violation = $700.00
3 rd Violation = Misdemeanor Penalty
4.48 STREET
EXCAVATIONS
4.48.040 Violation of Section
12.08.310.
Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
4.64.010(B) Violation – Penalty. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
4.64 CITY PARKING LOTS
4.64.010(C) Violation – Penalty. Misdemeanor $1000 and/or 6 months jail
4.68 SEWER
CONNECTIONS
4.68.060 Violation – Penalty. Misdemeanor $1000 and/or 6 months jail Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
MUNICIPAL
CHAPTER
DESCRIPTION MUNICIPAL
CODE SECTION
DESCRIPTION VIOLATION MAXIMUM FINE
5.04 BUSINESS LICENSE
TAXES
5.04.390 Violation – Penalty. Misdemeanor $1000 and/or 6 months jail
5.40 GARAGE SALES 5.04.090 Violation – Infraction. Infraction 1 st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
5.42 INTEGRATED WASTE
MANAGEMENT
5.42.190 Removal of refuse. Misdemeanor $1000 and/or 6 months jail Title 6 ANIMALS
01247.0001 2013702.1
MUNICIPAL
CHAPTER
DESCRIPTION MUNICIPAL
CODE SECTION
DESCRIPTION VIOLATION MAXIMUM FINE
6.04 ANIMAL CONTROL 6.04.050 Animal noise. Infraction 1 st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
6.32 DOG PARK RULES
AND REGULATIONS
6.32.030 Penalty provision. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
Title 8 HEALTH AND SAFETY
MUNICIPAL
CHAPTER
DESCRIPTION MUNICIPAL
CODE SECTION
DESCRIPTION VIOLATION MAXIMUM FINE
8.04.170(A) Violations. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
8.04.170(B) Violations. Misdemeanor $1000 and/or 6 months jail
8.04.170(C) Violations. Misdemeanor $1000 and/or 6 months jail
8.04 NUISANCE
ABATEMENT
8.04.170(D) Violations. Misdemeanor $1000 and/or 6 months jail
8.08 VEHICLE ABATEMENT
AND REMOVAL
PROGRAM
8.08.180 Criminal penalties. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
8.68 LITTER CONTROL 8.68.130 Violation – Penalty. Misdemeanor $1000 and/or 6 months jail
8.104 SMOKING 8.104.080 Same – City buildings
and facilities.
Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
01247.0001 2013702.1
4 th Violation = Misdemeanor Penalty
8.104.090 Same – City parks
and other recreation
areas.
Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
8.104.100 Smoking waste. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
8.108 NOISE 8.108.060 Penalty for violation. Infraction 1 st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
8.112 FIREWORKS 8.112.200(C) Administrative fines
and penalties.
Administrative 1
st Violation = $2,500.00
2 nd Violation = $5,000.00
3 rd Violation = $10,000.00
Subsequent Violation = $10,000.00
Title 9 PUBLIC PEACE, MORALS AND WELFARE
MUNICIPAL
CHAPTER
DESCRIPTION MUNICIPAL
CODE SECTION
DESCRIPTION VIOLATION MAXIMUM FINE
9.05.030(A) Violation – Penalty. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Recission of sidewalk
vending permit
9.05 VENDING ON CITY
SIDEWALKS
9.05.030(B) Violation – Penalty. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
9.32 UNLAWFUL CAMPING
AND STORAGE OF
9.32.080(A) Violations and
penalties.
Warning 1
st Violation = Verbal or written
warning
01247.0001 2013702.1
9.32.080(B) Violations and
penalties.
Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
Alternative penalties in the Court’s
discretion may be imposed
PERSONAL
PROPERTY
9.32.080(C) Violations and
penalties.
Misdemeanor $1000 and/or 6 months jail
Title 10 VEHICLES AND TRAFFIC
MUNICIPAL
CHAPTER
DESCRIPTION MUNICIPAL
CODE SECTION
DESCRIPTION VIOLATION MAXIMUM FINE
10.04 VEHICLE
REGULATIONS
GENERALLY
10.04.640 Infraction – Fine. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
MUNICIPAL
CHAPTER
DESCRIPTION MUNICIPAL
CODE SECTION
DESCRIPTION VIOLATION MAXIMUM FINE
12.08 STREET
EXCAVATIONS
12.08.440 Fines for failure to
obtain an
encroachment permit.
Misdemeanor $1000 and/or 6 months jail
12.32.020 Unlawful acts. Misdemeanor $1000 and/or 6 months jail
12.32.140 Park hours. Misdemeanor $1000 and/or 6 months jail
12.32.160 Vehicles in parks. Misdemeanor $1000 and/or 6 months jail
12.32 CONDUCT ON PUBLIC
PROPERTY – PARKS
12.32.170 Assemblies,
programs, or festivals
in parks.
Misdemeanor $1000 and/or 6 months jail
01247.0001 2013702.1
12.32.180 Smoking. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
12.36.060(A) Violations. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
12.36 CITY PARKING LOTS
12.36.060(B) Violations. Misdemeanor $1000 and/or 6 months jail
12.48 CITY PARK AND
RECREATION
FACILITIES
12.48.060 Violation – Penalty. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
12.52.020 General prohibition. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
12.52 ROLLERSKATING,
SKATEBOARDING AND
BICYCLING
PROHIBITED IN
CERTAIN
DESIGNATED AREAS 12.52.070 Penalties. Infraction 1
st Violation = $100.00
2 nd Violation = $200.00
3 rd Violation = $500.00
4 th Violation = Misdemeanor Penalty
Title 15 BUILDINGS AND CONSTRUCTION
MUNICIPAL
CHAPTER
DESCRIPTION MUNICIPAL
CODE SECTION
DESCRIPTION VIOLATION MAXIMUM FINE
15.52 UNDERGROUND
STORAGE OF
HAZARDOUS
SUBSTANCES
15.52.160 Violation – Penalty. Misdemeanor $1000 and/or 6 months jail
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA AMENDING SECTION 1.16.010 (“GENERAL PENALTIES”) OF TITLE 1 (“GENERAL PROVISIONS”); SECTION 2.44.020 (“VIOLATION—PENALTY”) OF TITLE 2 (“ADMINISTRATION AND
PERSONNEL”); SECTION 3.08.150 (“VIOLATION—PENALTY”) OF TITLE 3 (“REVENUE AND FINANCE”); SECTIONS 4.12.010 (“FEES
DESIGNATED”), 4.20.010 (“FEES DESIGNATED”), 4.28.010 (“FINES DESIGNATED”), 4.32.010 (“GENERALLY”), 4.36.010 (“FINES
DESIGNATED”), 4.40.010 (“PENALTIES DESIGNATED”), 4.44.020 (“FINES DESIGNATED”), 4.48.040 (“VIOLATION OF SECTION
12.08.310”), 4.60 (“CONDUCT IN PUBLIC PARK”), 4.64.010
(“VIOLATION—PENALTY”), 4.68.060 (“VIOLATION—PENALTY”),
4.105.010 (“FINES DESIGNATED”) OF TITLE 4 (“COMPREHENSIVE FEE SCHEDULES, FINES AND TAXES”); SECTIONS 5.04.390 (“VIOLATION— PENALTY”), 5.42.190 (“REMOVAL OF REFUSE”) OF TITLE 5 (“BUSINESS TAXES, LICENSES AND REGULATIONS”); SECTIONS 6.04.050
(“ANIMAL NOISE”), 6.32.030 (“PENALTY PROVISION”) OF TITLE 6 (“ANIMALS”); SECTIONS 8.04.170 (“VIOLATIONS”), 8.08.180 (“CRIMINAL PENALTIES”), 8.68.130 (“VIOLATION—PENALTY”),
8.104.080 (“SAME—CITY BUILDINGS AND FACILITIES), 8.104.090 (“SAME—CITY PARKS AND OTHER RECREATION AREAS”), 8.104.100 (“SMOKING WASTE”, 8.108.060 (“PENALTY FOR VIOLATION”),
8.112.200 (“ADMINISTRATIVE FINES AND PENALTIES”) OF TITLE 8 (“HEALTH AND SAFETY”); SECTIONS 9.05.030 (“VIOLATION—
PENALTY”), 9.32.080 (“VIOLATIONS AND PENALTIES”) OF TITLE 9 (“PUBLIC PEACE, MORALS AND WELFARE”); SECTION 10.04.640 (“INFRACTION—FINE”) OF TITLE 10 (“VEHICLES AND TRAFFIC”); SECTIONS 12.08.440 (“FINES FOR FAILURE TO OBTAIN AN
ENCROACHMENT PERMIT”), 12.24.060 (“INSURANCE REQUIRED”),
12.32.020 (“UNLAWFUL ACTS”), 12.32.140 (“PARK HOURS”), 12.32.160 (“VEHICLES IN PARKS”), 12.32.170 (“ASSEMBLIES, PROGRAMS OR FESTIVALS IN PARKS”), 12.32.180 (“SMOKING”), 12.36.060
(“VIOLATIONS”), 12.48.060 (“VIOLATION—PENALTY”), 12.52.020 (“GENERAL PROHIBITION”), 12.52.070 (“PENALTIES”) OF TITLE 12 (“STREETS, SIDEWALKS AND PUBLIC PLACES”); SECTION 15.52.160 (“VIOLATION—PENALTY”) OF TITLE 15 (“BUILDINGS AND
CONSTRUCTION”); SECTIONS 18.60.030 (“PARKING REGULATIONS”), AND 18.91.050 (“DECLARATION OF PUBLIC NUISANCE”) OF TITLE 18 (“ZONING”) OF THE GRAND TERRACE MUNICIPAL CODE TO
STREAMLINE THE IMPOSITION OF PENALTIES—INCLUDING
INFRACTIONS, MISDEMEANORS, AND ADMINISTRATIVE CITATIONS—
FOR CODE VIOLATIONS AND AUTHORIZING ADOPTION OF A
SCHEDULE OF FINES BY RESOLUTION
WHEREAS, the City Council of the City of Grand Terrace (“City Council”) desires to promote the public health, safety and welfare of the community; and WHEREAS, the City of Grand Terrace (“City”) has adopted Section 1.16.010 (“General penalties”) of Chapter 1.16 (“General Penalties”) of Title 1 (“General Provisions”) to enforce violations for failure to comply with provisions of the City of Grand Terrace Municipal Code, including infractions, misdemeanors, and administrative citations; and WHEREAS, the City has adopted various sections of its Municipal Code classifying violations as infractions or misdemeanors and prescribing associated penalties; and WHEREAS, the City desires to simplify its Municipal Code and set forth a schedule of fines where violations of the Municipal Code can easily be determined; and WHEREAS, the City’s fine schedule would sets forth specific penalties for violating various sections of the Grand Terrace Municipal Code as well as the type of violation, whether an infraction, misdemeanor, or administrative citation; and WHEREAS, the City conducted a survey of neighboring cities to evaluate their bail schedules in order to propose a consistent and reasonable bail schedule for the City; and WHEREAS, the City desires to establish a schedule of fines in order to ensure consistency with the law, the schedules of neighboring cities and to allow for future amendments by resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals in this Ordinance are true and correct and incorporated herein by this reference.
SECTION 2. The City is hereby authorized to adopt, by resolution, a schedule of fines applicable to the violations of the City’s Municipal Code including infractions, misdemeanors, and administrative citations. The schedule shall be reviewed periodically to ensure its accuracy and its consistency with the Grand Terrace Municipal Code, and may be amended from time to time by resolution of the City Council.
SECTION 3. All previously adopted bail schedules inconsistent with this Ordinance are hereby repealed and shall have no further force or effect as of the effective date of this Ordinance.
SECTION 4. Except as otherwise amended herein, the remainder of the Grand Terrace Municipal Code shall remain unchanged and in full effect.
SECTION 5. Section 1.16.010 (“General penalties”) of Chapter 1.16 (“General Penalties”) of Title 1 (“General Provisions”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
1.16.010 - General penalties.
The city council of the city of Grand Terrace intends to secure compliance with the provisions of this code. To the extent that such compliance may be achieved by less drastic methods of enforcement the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. Notwithstanding any other provision of this code, each violation of the provisions of this code may be enforced alternatively as follows:
A. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for an Infraction.
Written citations for infractions may be issued by police officers or non-safety employees designated by Grand Terrace Municipal Code Section 1.06.020. Any person convicted of an Infraction under the provisions of this Code shall be punishable either by fines as specified:
1. Any and all persons guilty of an infraction under the provisions of this Code shall be punished by a fine as set by resolution of the City Council.
2. Any and all persons guilty of an infraction shall pay the fine within 30 days or be declared delinquent and the fine doubled. Failure to pay within 90 days shall result in a tripling of the fine, and filing of the amount with the county as a tax lien against the property.
B. Misdemeanor. Any person committing an unlawful act or violating any of the provisions or failing to comply with any of the mandatory requirements of this code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by non-safety employees designated by Grand Terrace Municipal Code Section 1.06.020 or by applicable California Statute.
1. Any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine as set by resolution of the City Council.
2. Any and all persons guilty of a misdemeanor shall pay the fine within 30 days or be declared delinquent and the fine doubled. Failure to pay within 90 days shall result in a tripling of the fine, and filing of the amount with the county as a tax lien against the property.
C. Civil action. The city attorney, by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this code, as provided by law.
D. Administrative citation. Upon a finding by the city official vested with the authority to enforce the various provisions of this code that a violation exists, he or she may issue an administrative citation under the provisions of Chapter 1.05.
1. Any person found guilty of a violation and receiving an administrative fine under the provisions of this code shall be punished by a fine as set by resolution of the City Council.
2. Any and all persons found guilty of a violation and receiving an administrative fine shall pay the fine within 30 days or be declared delinquent and the fine doubled. Failure to pay within 90 days shall result in a tripling of the fine, and filing of the amount with the county as a tax lien against the property.
SECTION 6. Section 2.44.020 (“Violation—Penalty”) of Chapter 2.44 (“Restrictions on Candidate Contributions”) of Title 2 (“Administration and Personnel”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
2.44.020 - Violation—Penalty.
Any person, business, firm, political action committee, or vested interest group who violates the provisions of this chapter is guilty of an infraction.
SECTION 7. Section 3.08.150 (“Violation—Penalty”) of Chapter 3.08 (“Sales and Use Tax”) of Title 3 (“Revenue and Finance”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
3.08.150 - Violation—Penalty.
Any person violating any of the provisions of this Chapter is guilty of a misdemeanor.
SECTION 8. Section 4.12.010 (“Fees designated”) of Chapter 4.12 (“Licenses and Permits”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
Section 4.12.010 - Fees designated.
Fees Set by Resolution. Fees which must accompany applications for a business license shall be set by resolution of the City Council. An additional fee may be required whenever a background investigation requires access to certain records. Said additional fees shall also be set by resolution of the City Council.
SECTION 9. Section 4.20.010 (“Fees designated”) of Chapter 4.20 (“Nuisance Abatement”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby deleted in its entirety.
SECTION 10. Section 4.28.010 (“Fines designated”) of Chapter 4.28 (“Litter Control”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby deleted in its entirety.
SECTION 11. Section 4.32.010 (“Generally”) of Chapter 4.32 (“Fines for Prohibited Noises”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
4.32.010 - Generally.
Violation of the regulations pertaining to unlawful noise is an infraction.
SECTION 12. Section 4.36.010 (“Fines designated”) of Chapter 4.36 (“Fines for Violations Pertaining to Public Peace, Morals and Welfare”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby deleted in its entirety.
SECTION 13. Section 4.40.010 (“Penalties designated”) of Chapter 4.40 (“Traffic Signs and Markings—Violations”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
4.40.010 - Penalties designated.
Any person violating or disobeying any signs or markings is guilty of an infraction.
SECTION 14. Section 4.44.020 (“Fines designated”) of Chapter 4.44 (“Parking Citation Fines”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
4.44.020 - Fines designated.
A. The following shall be infractions:
1. Overnight parking-Civic Center (CVC § 21113).
2. Parking-Red zone (CVC § 21458-A).
3. Parking-Yellow zone (CVC § 21458-B).
4. Parking-White zone (CVC § 21458-C).
5. Parking-Green zone (CVC § 21458-D).
6. Any overtime parking (CVC § 22500).
7. Parking in red zone between safety zone (CVC § 22500-C).
8. Parking on streets at prohibited times in all street sweeping zones (GTMC §§ 10.20.020, 10.20.030, 10.20.040, 10.20.0050, 10.20.060).
9. Stopping alongside/ opposite any street excavation (CVC § 22500- G).
10. Stopping, parking on edge of roadway (CVC § 22500-H).
11. Stopping on a bridge (CVC § 22500-K).
12. Curb parking (CVC § 22502-A).
13. Leaving vehicle on street without motor off, brakes set (CVC § 22515).
14. Locked vehicle left standing with person inside (CVC § 22516).
15. Vehicle parked in excess of 72 hours (CVC § 22651-K).
B. The following violations are subject to administrative fines as set forth in the Fine Schedule adopted by resolution of the City Council. The schedule may establish different fine amounts for first, second, and subsequent violations, and may provide that repeated violations constitute misdemeanors:
1. Stopping within intersection (CVC § 22500-A).
2. Stopping in bus zone (CVC § 22500-I).
3. Parking/stopping in a fire lane (CVC § 22500.1).
4. Preventing access to handicapped parking (CVC § 22507.8B).
5. Parking adjacent to fire hydrant (CVC§ 22514).
6. Commercial vehicle parked in a residential zone (GTMC §
10.16.020).
7. Stopping on crosswalk (CVC § 22500-B).
8. Parking in posted no parking zone (CVC § 22505-B).
C. The following violations are subject to administrative fines as set forth in the Fine Schedule adopted by resolution of the City Council. The schedule may
establish different fine amounts for first, second, and subsequent violations, and may provide that repeated violations constitute misdemeanors:
1. Parking within 15 feet of fire station driveway (CVC § 22500-D).
2. Stopping in public/ private driveway (CVC § 22500-E).
3. Stopping on sidewalk (CVC § 22500-F).
4. Parking in handicap zone (CVC § 22507.8A).
5. Parking and/or stopping on railroad (CVC § 22521).
6. Parking, sidewalk access ramps (CVC § 22522).
*Code referenced is either the California Vehicle Code (CVC) or the Grand Terrace Municipal Code (GTMC).
SECTION 15. Section 4.48.040 (“Violation of Section 12.08.310”) of Chapter 4.48 (“Street Excavations”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
4.48.040 - Violation of Section 12.08.310.
Violations of Section 12.08.310 regarding noise, dust and debris, are an infraction.
SECTION 16. Chapter 4.60 (“Conduct in Public Park”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby deleted in its entirety.
SECTION 17. Section 4.64.010 (“Violation—Penalty”) of Chapter 4.64 (“City Parking Lots”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
4.64.010 - Violation—Penalty.
A. The provisions of Chapter 12.36 shall apply to all parking lots owned or operated by the City and shall apply to all vehicles, public and private.
B. Violation of any provisions of Section 12.36.040 is an infraction.
C. Violation of Section 12.36.050 is a misdemeanor.
SECTION 18. Section 4.68.060 (“Violation—Penalty”) of Chapter 4.68 (“Sewer Connections”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
4.68.060 - Violation—Penalty.
Any user who is found to have violated, or who willfully or negligently failed to comply with a wastewater discharge permit issued under this Chapter shall be guilty of a misdemeanor. Each day on which a violation occurs or continues, shall be deemed a separate and distinct offense. In addition to the penalties provided for in this Section, the City may recover reasonable attorney fees, court costs, court report fees, and other expenses of litigation by appropriate suit against the guilty person.
SECTION 19. Section 4.105.010 (“Fines designated”) of Chapter 4.105 (“Recreational Vehicle/Utility Trailer Parking and Storage Fines and Penalties”) of Title 4 (“Comprehensive Fee Schedules, Fines and Taxes”) of the Grand Terrace Municipal Code is hereby deleted in its entirety.
SECTION 20. Section 5.04.390 (“Violation—Penalty”) of Chapter 5.04 (“Business License Taxes”) of Title 5 (“Business Taxes, Licenses and Regulations”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
5.04.390 - Violation—Penalty.
Any person violating any of the provisions of this Chapter is guilty of a misdemeanor. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this Chapter or any of its provisions is committed, continued or permitted by such a person and shall be punishable accordingly, as provided in this Section.
SECTION 21. Section 5.42.190 (“Removal of refuse”) of Chapter 5.42 (“Integrated Waste Management”) of Title 5 (“Business Taxes, Licenses and Regulations”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
5.42.190 - Removal of refuse.
It is a misdemeanor for any person, other than the person in charge of any premises, or the person authorized by law to remove any container or bin from the location where the container was placed by the person in charge for storage or collection shall remove any refuse from any container or bin, or move the container or bin from the location in which it was placed for storage or collection, without prior written approval of the person in charge of such premises.
SECTION 22. Section 6.04.050 (“Animal noise”) of Chapter 6.04 (“Animal Control”) of Title 6 (“Animals”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
6.04.050 - Animal noise.
It is an infraction for any person to keep, or allow to be kept, or suffer or permit any animal to remain upon the premises under the control of such person, when such animal habitually barks, whines, crows or makes loud or unusual noises in such a manner as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking, whining, crowing, howling or other sound or cry interferes with any person of ordinary sensitivity in the reasonable and comfortable enjoyment of life or property. The animal control officer shall promptly investigate or cause to be investigated all complaints that this Section is being violated if such complaints are in writing and contain the signature of the complainant.
SECTION 23. Section 6.32.030 (“Penalty provision”) of Chapter 6.32 (“Dog Park Rules and Regulations”) of Title 6 (“Animals”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
6.32.030 - Penalty provisions.
Violations of this chapter are an infraction. Violation of this chapter may lead to temporary or permanent loss of park privileges.
SECTION 24. Section 8.04.170 (“Violations”) of Chapter 8.04 (“Nuisance Abatement”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
8.04.170 - Violations.
A. The owner or other person having charge or control of any buildings or property who maintains any public nuisance defined in this Chapter or who violates any order of abatement made pursuant to this Chapter is guilty of an infraction.
B. Any unauthorized person who removes any notice or order posted as required by this Chapter is guilty of a misdemeanor.
C. It shall be a misdemeanor to obstruct, impede or interfere with any representative of the city or with any person who owns or holds any estate or interest in the property which has been ordered to be vacated, repaired, rehabilitated or demolished and removed whenever any such representative of the city or person having any estate or interest in such property is engaged in vacating, repairing, rehabilitating or demolishing and removing any such property pursuant to the provisions of this Chapter or in
performance of any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this Chapter.
D. Any person violating or failing to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor. A criminal prosecution may be initiated without a nuisance hearing, as provided in this Chapter, or upon a violation of any order resulting from such a hearing. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this Chapter is committed.
SECTION 25. Section 8.08.180 (“Criminal penalties”) of Chapter 8.08 (“Vehicle Abatement and Removal Program”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
8.08.180 - Criminal penalties.
Any person or entity who violates any provision of this Chapter, other than the provisions of Section 8.08.010(B), shall be guilty of an infraction. Such convicted person or entity may, in the discretion of the court, be adjudged, in addition to the above penalties, to be liable to the city for all necessary costs incurred in investigation, discovery, analysis, inspection, clean-up, and other actual costs incurred by the city or its agents pertaining to the violation.
Each day or portion thereof in violation shall be considered a separate and distinct offense.
SECTION 26. Section 8.68.130 (“Violation—Penalty”) of Chapter 8.68 (“Litter Control”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
8.68.130 - Violation—Penalty.
Any person, firm or corporation violating any provision of this Chapter shall be guilty of a misdemeanor. Each day that such violation is in existence beyond the established correction date, pursuant to Section 8.68.110, shall be a new and separate violation. Penalties shall be those specified from time to time by resolution of the City Council.
SECTION 27. Sections 8.104.080 (“Same—City buildings and facilities”),
8.104.090 (“Same—City parks and other recreation areas”), and 8.104.100 (“Smoking waste”) of Chapter 8.104 (“Smoking”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
8.104.080 - Same—City buildings and facilities.
A. Except in such places in which smoking is already prohibited by State or Federal law, in which case the State or Federal law applies, it shall be an infraction to smoke in the following areas:
1. In any City building or facility.
2. Within 20 feet of any entrance, exit, operable windows, or ventilation ducts of any City building or facility.
8.104.090 - Same—City parks and other recreation areas.
It shall be an infraction to smoke in any outdoor area that has been improved or developed by or on behalf of the City, and open to the general public for park or open space use, including, but not limited to public parks, picnic areas, playgrounds, sports or playing fields, walking paths, gardens, hiking trails, bike paths, and any other areas designated a park by the Director of Community Development.
8.104.100 - Smoking waste.
It is an infraction to dispose of lighted or unlighted cigars, cigar butts, cigarettes, cigarette butts, pipes, electronic smoking devices, or any other similar article used for smoking in the boundaries of an area where smoking is prohibited, other than in designated waste receptacles.
SECTION 28. Section 8.108.060 (“Penalty for violation”) of Chapter 8.108 (“Noise”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
8.108.060 - Penalty for violation.
Violations of this Chapter is an infraction.
SECTION 29. Section 8.112.200 (“Administrative fines and penalties”) of Chapter
8.112 (“Fireworks”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
8.112.200 - Administrative fines and penalties.
A. Purpose.
1. This Chapter authorizes the imposition of administrative fines on any person who violates any provision of this Chapter in order to encourage and obtain compliance with the provisions of this Chapter for the benefit and protection of the entire community. This Section governs the imposition, enforcement, collection and administrative review of all administrative fines, related to: the possession, use,
storage, sale and/or display of those fireworks classified as "dangerous fireworks" in California Health and Safety Code § 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of "safe and sane fireworks" as defined in California Health and Safety Code § 12500 et seq. on or at dates, times and/or locations other than those permitted by this Chapter. Said administrative fines are imposed under authority of Government Code § 53069.4, Health and Safety Code § 12557, and police power of the City.
2. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized hereunder; and the issuance of a citation to any person constitutes but one remedy of the City to redress violations of this Code by any person. By adopting this Chapter, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this Code by any person, which this City may otherwise pursue.
3. The imposition of fines related to "dangerous fireworks" under this Chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, less than 25 pounds (gross weight) of such "dangerous fireworks".
4. Fines collected pursuant to this Chapter related to "dangerous fireworks" shall not be subject to Health and Safety Code § 12706, which Section provides that certain fines collected by a court of the State be deposited with, and disbursed by, the County Treasurer.
However, the City shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of "dangerous fireworks" seized by the City, which costs will be part of any administrative fine imposed.
Unless and until said regulations have been adopted by the State, the City shall hold in trust $250.00 or 25 percent of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the "dangerous fireworks."
5. Because of the serious threat of fire or injury posed by the use of "dangerous fireworks" that can result from persistent or repeated failures to comply with the provisions of this Code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this Chapter imposes strict civil liability upon the owners of residential real property for all violations of this Code existing on their residential
real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.
6. At least 50 percent of the fines collected pursuant to this Chapter must be placed in a segregated fund entitled "Grand Terrace Illegal Fireworks Enforcement Fund". The sole and exclusive purpose of this fund is to pay for increased fire and police deployment, protection and investigation of and against illegal fireworks in the City for the 30-day period surrounding the Fourth of July (June 17 through July 16).
B. Issuance of Administrative Citations—Contents.
1. Whenever a Code Enforcement Officer (CEO) determines that a violation of the Code has occurred, the CEO may issue an administrative citation on a City-approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this Chapter.
a. Code Enforcement Officer (CEO) means any employee or agent of the City designated by the City Manager to enforce any provision of this Chapter.
2. Each administrative citation shall contain the following information:
a. The name, mailing address, date of birth, California Drivers License number, and home or business telephone number of the responsible person charged with any violation of this Chapter;
b. The address or description of the location of the violation; c. The date or dates on which the person violated this Chapter; d. The Section or Sections of this Chapter that were violated; e. A description of the violation(s);
f. The amount of the administrative fine for each violation, the procedure in place to pay the fines, and any late fee and interest charge(s), if not timely paid, and notice that if the City is required to take action to collect such fines, the responsible person may be charged costs and attorney's fees;
g. Notice of the procedure to request an administrative hearing to contest the citation (including the form to be used, how to obtain the form, and the period within which the request must be made in order for it to be considered timely);
h. The name and signature of the CEO who issued the citation and the name and signature of the citee, if he or she is physically present and will sign the citation at the time of its issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceedings, nor shall signing a citation constitute an admission that a person is responsible for a violation of the code; and
i. Any other information deemed necessary by the director for enforcement or collection purposes.
C. Administrative Fines.
1. Each person who violates any provision of this Chapter as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine or fines as set forth in the Fine Schedule adopted by resolution of the City Council. The schedule may establish different fine amounts for first, second, and subsequent violations:
a. A fine not exceeding two thousand five hundred dollars ($2,500) for a first violation.
b. A fine not exceeding five thousand dollars ($5,000) for a second violation of the same ordinance within one year. c. A fine not exceeding ten thousand dollars ($10,000) for third and subsequent violation.
2. Each person who uses "safe and sane fireworks" on or at dates, times and/or locations other than those permitted by this Chapter shall be guilty of a misdemeanor for the first violation. Second and subsequent violations will be treated as possession, use, storage, sale and/or display of "dangerous fireworks".
3. Any and all persons found guilty shall pay the fine within 30 days or be declared delinquent and the fine doubled. Failure to pay within 90 days shall result in a tripling of the fine, and filing of the amount with the county as a tax lien against the property.
SECTION 30. Section 9.05.030 (“Violation—Penalty”) of Chapter 9.05 (“Vending on City Sidewalks”) of Title 9 (“Public Peace, Morals and Welfare”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
9.05.030 - Violation—Penalty
A. Violations of Section 9.05.020, other than failure to possess a valid permit pursuant to Chapter 5.64, is an infraction.
1. The fourth violation or subsequent violations within one year of the first violation will result in the recission of the sidewalk vending permit for the term of that permit.
B. Violations of Section 9.05.020 by vending without a license or permit issued by the City is an infraction.
C. All fines imposed pursuant to Subsections A. or B. above shall be subject to an ability-to-pay determination as described in California Government Code Section 51039(f). Concurrently with issuing a citation for such fines to a person, the City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.
SECTION 31. Section 9.32.080 (“Violations and penalties”) of Chapter 9.32 (“Unlawful Camping and Storage of Personal Property”) of Title 9 (“Public Peace, Morals and Welfare”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
9.32.080 - Violation and penalties.
A. Any person in violation of this Chapter shall be given a verbal or written warning before an infraction citation is issued. Enforcement personnel shall make good faith effort to contact the person and provide a reasonable opportunity to cure the violation. The warning shall describe the activity constituting a violation of this Chapter, the action required to fix the violation, and the date and time by which the violation must be cured in order to avoid subsequent violations and penalties.
B. Violation of this Chapter shall be an infraction. In the Court's discretion, alternative penalties, including but not limited to a reasonable amount of community service, may be imposed.
C. Any violation of this Chapter which would otherwise be an Infraction is a Misdemeanor if a person has been convicted of an Infraction under this Section within one year immediately preceding the date of the first violation.
SECTION 32. Section 10.04.640 (“Infraction—Fine”) of Chapter 10.04 (“Vehicle Regulations Generally”) of Title 10 (“Vehicles and Traffic”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
10.04.640 - Infraction—Fine.
Any person violating any of the provisions of this Chapter or disobeying any signs or markings installed pursuant to this Chapter is guilty of an Infraction. Pursuant to the Vehicle Code, every person convicted of an Infraction for a violation of any of the provisions of this Chapter, except as otherwise provided in the Vehicle Code, shall be punished in accordance with Chapter 1.16 of the Grand Terrace Municipal Code.
SECTION 33. Section 12.08.440 (“Fines for failure to obtain an encroachment permit”) of Chapter 12.08 (“Street Excavations”) of Title 12 (“Streets, Sidewalks and Public Places”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
12.08.440 - Fines for failure to obtain an encroachment permit.
A. Description of Violation. Encroachment permits along with a City of Grand Terrace construction application package can be obtained from the public works department.
1. Failure to obtain a permit is a misdemeanor.
2. It is unlawful to perform street cuts and resulting patching that are not performed correctly in accordance with Section 12.08.300.C.
3. Each occurrence constitutes a separate violation and requires the permit holder to repair and restore the street per engineer's standards.
SECTION 34. Section 12.24.060 (“Insurance required”) of Chapter 12.24 (“Banner Permits”) of Title 12 (“Streets, Sidewalks and Public Places”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
12.24.060 - Insurance required.
An applicant shall submit proof of public liability and property damage insurance to the Commissioner in amounts not less than the minimum coverage limits established by the City. Such insurance shall provide coverage for bodily injury or death to any one person, total liability for any one accident, and for property damage, as determined by the City’s risk management policies or applicable regulations.
The Commissioner may periodically review and adjust the required coverage limits to ensure they remain adequate based on current standards and risk assessments.
SECTION 35. Sections 12.32.020 (“Unlawful acts”), 12.32.140 (“Park hours”),
12.32.160 (“Vehicles in parks”), 12.32.170 (“Assemblies, programs or festivals in parks”),
12.32.180 (“Smoking”) of Chapter 12.32 (“Conduct on Public Property—Parks”) of Title 12 (“Streets, Sidewalks and Public Places”) of the Grand Terrace Municipal Code are hereby amended and shall now read in their entirety as follows:
12.32.020 - Unlawful acts.
It is a misdemeanor for any person to perform or participate in any of the acts set out in this Section.
12.32.140 - Park hours.
A. As a general rule, parks shall be open to the public every day of the year between the hours of 6:00 a.m. and 10:00 p.m. However, the Community Services Director may, in his reasonable discretion, extend or limit such hours for any park or portion of any park.
B. It is a misdemeanor to enter, be or remain in any park during the time when such park is closed unless he has obtained a permit therefor from the Community Services Director. Park closing hours shall be posted at park entrances.
12.32.160 - Vehicles in parks.
It is a misdemeanor to operate a vehicle in a park except upon designated paved or unimproved park roads or driveways, or in and upon designated areas set aside for use by such vehicles, unless directed to do so by a law enforcement officer, the City Manager, the Community Services Director, or by official signs or markings.
12.32.170 - Assemblies, programs or festivals in parks.
It is a misdemeanor to engage in, participate in, aid, form or organize any assembly or group of people or make any speeches or conduct any musical programs or festivals in any park, unless a permit has been obtained from the City and unless such permit is carried by the person heading or leading such activity; provided, however, that the provisions of this Section shall not apply to students' work when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authority, nor to any governmental agency within the scope of its functions. An application for such a permit shall be filed with the Director of Community Services not less than 72 hours prior to such use.
12.32.180 - Smoking.
While in a public park, smoking as defined in Chapter 8.104 is an infraction.
SECTION 36. Section 12.36.060 (“Violations”) of Chapter 12.36 (“City Parking Lots”) of Title 12 (“Streets, Sidewalks and Public Places”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
12.36.060 - Violations.
A. Violation of any provisions of Section 12.36.040 is an infraction.
B. Violation of Section 12.36.050 is a misdemeanor.
SECTION 37. Section 12.48.060 (“Violation—Penalty”) of Chapter 12.48 (“City Park and Recreation Facilities”) of Title 12 (“Streets, Sidewalks and Public Places”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
12.48.060 - Violation—Penalty.
Every violation of this chapter is an infraction.
SECTION 38. Sections 12.52.020 (“General prohibition”) and 12.52.070 (“Penalties”) of Chapter 12.52 (“Rollerskating, Skateboarding and Bicycling Prohibited in Certain Designated Areas”) of Title 12 (“Streets, Sidewalks and Public Places”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
12.52.020 - General prohibition.
Any person utilizing or riding upon rollerskates, bicycles, skateboards or similar devices to ride or move about in or on any public or private property when such has been designated by resolution of the city council and posted as a no rollerskating, skateboarding, or bicycling is unlawful and subject to punishment, in accordance with Section 12.52.070 of this chapter.
12.52.070 - Penalties.
Any violation of this Chapter is deemed an infraction.
SECTION 39. Section 15.52.160 (“Violation—Penalty”) of Chapter 15.52 (“Underground Storage of Hazardous Substances”) of Title 15 (“Buildings and Construction”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
15.52.160 - Violation—Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable therefor as provided by this chapter.
SECTION 40. Section 18.60.030 (“Parking regulations”) of Chapter 18.60 (“OffStreet Parking”) of Title 18 (“Zoning”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
18.60.030 - Parking regulations.
The requirements for off-street parking shall be as follows:
A. Residential Uses.
1. Single-family dwellings (detached):
a. Two parking spaces for each residential unit shall be provided on the same parcel of land as the residential unit.
b. The required spaces shall be located within a garage.
2. Multiple-family dwellings:
a. One parking space for each studio or efficiency unit. b. Two parking spaces for each one-, two- or three-bedroom unit. c. Three parking spaces for each four-bedroom unit or more. d. At least one space shall be located within a garage or carport, and all required spaces shall be located within 150 feet of the unit being served.
e. Guest parking shall be provided at a ratio of 0.25 spaces for each residential unit, and shall be rounded up to the next whole number.
f. Guest parking:
(i) Shall be identified as "guest parking";
(ii) Shall not be used for the storage of recreational
vehicles, boats, trailers or other similar items;
(iii) Shall be located on the same parcel of land as the residential units and shall be within reasonable walking distance of said units;
(iv) May be uncovered spaces; and
(v) May be located on a private street within the site or in a common parking area.
3. Second units and two-unit developments: See Chapter 18.65.
4. Accessory dwelling units and junior accessory dwelling units:
See Chapter 18.69.
B Commercial/Office Uses.
1. General commercial and/or office centers comprised of a minimum of 35,000 square feet of gross floor area: One parking space shall be required for every 225 square feet of gross floor area or area devoted to a specific use.
Note: The following uses shall in any case provide the number of parking spaces as required in the following subdivision 3.; drive-thru fast-food restaurants, educational facilities, hospitals, motor vehicle sales facilities and theaters.
2. General commercial and/or office centers comprised of a minimum of 75, square feet of gross floor area: One parking space shall be required for every 250 square feet of gross floor area or other area devoted to a specific use.
Note: The following uses shall in any case provide the number of parking spaces as required in following subdivision 3.; drive-thru fast-food restaurants, educational facilities, hospitals, motor vehicle sales facilities and theaters.
3. The following number of parking spaces shall be required for specific commercial/office uses which are not located within a center as described in the above subdivisions 1. and 2.:
a. Amusement enterprises, commercial recreation and similar uses: One parking space for every four persons using or attending the facility;
b. Automobile washing and cleaning establishments:
(i) Full-service facilities require one parking space for each employee;
(ii) Self-service facilities require two and one-half parking spaces for each washing bay;
c. Barbershops and beauty salons: Two parking spaces for each barber chair or beautician's station;
d. Banks, savings and loan offices and other financial institutions:
One parking space for every 200 square feet of gross floor area;
e. Bowling alleys and/or billiard halls:
(i) Five parking spaces for each lane;
(ii) Two parking spaces for each billiard table;
f. Churches and other areas of assembly not specified in this Chapter: One parking space for every 25 square feet of
seating area;
g. Delicatessens, sandwich shops, retail bakeries, fast food restaurants that do not have a drive-thru, and other
establishments for the sale of food and beverages to be consumed either on or off the premises: require one parking space for every 200 square feet of gross floor area (includes outdoor seating areas);
h. Educational facilities:
(i) Elementary and junior high schools require two parking spaces for each classroom;
(ii) Senior high schools require one parking space for each employee and one parking space for every six students
regularly enrolled;
(iii) Colleges, universities and institutions of higher learning require one parking space for each employee and one
parking space for every three students regularly
enrolled;
(iv) Trade schools, business colleges and commercial
schools require one parking space for each employee
and one parking space for every three students
regularly enrolled;
i. Drive-Thru Fast Food Restaurants:
(i) Fast food restaurants that are drive-thru only (no dine in and no take-out/walk-up) require one parking space
for every one employee on the largest shift;
(ii) Fast food restaurants that are drive-thru and dine-in require one-parking space per 100 square feet of gross
floor area;
(iii) Fast food restaurants that are drive-thru and takeout/walk-up with no dine-in seating require one parking space for every one employee on the largest shift, and
one space for every 200 square feet of outdoor
seating/eating area;
j. Gas stations:
(i) Three parking spaces;
(ii) Plus two parking spaces for each service bay;
(iii) Plus one parking space per 250 square feet of gross floor area for an ancillary retail store or restaurant
component;
(iv) Plus no more than 50 percent of the parking spaces at the fuel pump nozzles may be credited towards
meeting off-street parking requirements;
k. Health clubs, spas and exercise studios: One parking space for every 150 square feet of gross floor area;
l. Hospitals:
(i) One and three-quarters parking spaces for each bed; (ii) Convalescent hospitals, sanitariums and retirement facilities require one parking space for every four beds; m. Motels and hotels:
(i) One parking space for each guest unit;
(ii) Two parking spaces for each employee;
n. Mortuaries and funeral homes:
(i) One parking space for every 25 square feet of gross floor area;
o. Motor vehicle sales and automotive repair:
(i) One parking space for every 400 square feet of gross floor area;
p. Offices:
(i) General offices require one parking space for every 200 square feet of gross floor area;
(ii) Medical, dental and veterinary offices/clinics require one parking space for every 200 square feet of gross
floor area;
q. Residential and childcare facilities:
(i) One parking space for each employee;
(ii) One parking space for the first six children or patients and one parking space for every four children or
patients thereafter.
r. Restaurants, taverns and other establishments for the sale of food and beverages to be consumed primarily on the
premises: One parking space for every 100 square feet of gross floor area (includes outdoor seating areas);
s. Retail sales:
(i) One parking space for every 200 square feet of gross floor area;
t. Skating rinks (ice or roller):
(i) One parking space for every 100 square feet of gross floor area;
u. Theaters:
(i) One parking space for every four seats;
(ii) One parking space for each employee.
C. Manufacturing Uses.
1. Warehousing and other facilities for which the primary purpose is the storage of goods: One parking space for every 1,000 square feet of gross floor area.
2. Manufacturing and other facilities for which the purpose is the processing or assembly of goods: One parking space for every 500 square feet of gross floor area.
3. Research and development: One parking space for every 350 square feet.
D. Special Requirements.
1. Drive-thru Facilities.
a. Each drive-thru lane shall be separated from the circulation routes necessary for ingress and egress from the property, or access to any parking space.
b. Each drive-thru lane shall be clearly marked and maintained with directional arrows for the purpose of delineation. c. In order to facilitate proper review of a drive-thru facility and the adequacy of a proposed site design, the following
information shall be required at the time of submittal for a conditional use permit and/or site and architectural review and shall contain the following information:
(i) The nature of the product or service being offered; (ii) The method by which the order is processed;
(iii) The time required to serve a typical customer;
(iv) The arrival rate of customers;
(v) The peak demand hours;
(vi) The anticipated vehicular stacking requirements.
d. Drive-thru queueing areas shall be sized in accordance with the most current Informational Report of the Institute of Transportation Engineers (ITE) prepared by the ITE Technical Council Committee.
e. A drive-thru queueing analysis shall be prepared by a qualified traffic engineer and shall be subject to review by the City Engineer or their designee.
f. No more than five drive-thru queueing spaces shall be counted towards the total number of off-street parking spaces required for a dine-in restaurant with the drive-thru. This Section shall not apply to any restaurant with both a drive-thru and take out or to any restaurant that is drive-thru only. g. At a minimum one 45-gallon trash can with a chute shall be placed near the exit of each drive-thru.
2. ADA Accessible Spaces. At least one parking space or two percent of the required parking spaces, whichever is greater, shall be designated for use by people with disabilities. Said parking spaces shall be identified in the manner required by the most current editions of the Uniform Building Code and the California Vehicle Code. ADA Accessible spaces shall count toward the total number of off-street parking spaces required.
3. Loading Spaces. In addition to the number of parking spaces required for a specific use, all commercial and industrial uses shall provide loading spaces as follows:
a. One loading space for the first 5,000 square feet of gross floor area and one loading space for every 10,000 square feet of gross floor area thereafter up to 45,000 square feet of gross floor area;
b. Each loading space shall be 12 feet in width and 20 feet in depth;
c. Loading spaces shall be located in an area to provide easy access to the loading entrance of the use or uses it is to serve.
Such loading entrances and loading spaces should be located in a manner so as not to interfere with pedestrian and/or vehicular traffic.
4. Bicycle Parking Facilities. All commercial and office uses may provide bicycle parking facilities in a location convenient to the necessitating use as follows:
a. All bicycle parking facilities shall be of a design to allow the bicycle to be secured in an upright position and shall be in a designated location;
b. Weatherproofing or facility covering should be used whenever possible;
c. The placement and design of all bicycle parking facilities shall be approved by the planning department;
5. Shared Parking. The Planning Director may allow a certain number of parking spaces to be designated as meeting the requirements of more than one use subject to the following conditions:
a. A site-specific parking study prepared by a qualified traffic engineer shall be presented to the planning department
demonstrating that substantial conflict will not exist between the peak hours of operations of the individual uses proposing to share the parking spaces;
b. The number of shared parking spaces shall not exceed 20 percent of the required number of parking spaces for either designated use;
c. The shared parking spaces shall be located on the same or adjacent parcel as the uses they are to serve and a
convenient, visible pedestrian connection between the lots exists;
d. A written agreement shall be executed, prior to establishing shared use of parking, by all parties concerned, assuring the continued availability of the shared parking spaces. Said agreement shall be reviewed and approved by the Planning Director and/or City Engineer and shall be recorded on the title records of each affected property and filed with the San Bernadino County Recorder's Office;
e. The availability of parking for all affected properties is indicated by directional signs and the properties shall be within 1,000 feet of each other.
6. Recreational Vehicle/Utility Trailer Parking and Storage violations shall be an infraction:
a. Recreational vehicles/utility trailers when parked or stored on residential properties must be kept neat and clean at all times.
Spider webs, debris, excessive dirt, weed accumulation on and under a recreational vehicle/utility trailer are prohibited at all times as are broken windows and flat tires. All recreational vehicles/utility trailers must be weather resistant at all times; b. All recreational vehicles/utility trailers when parked or stored on residential properties must display current vehicle
registration tags. Those recreational vehicles/utility trailers not displaying current registration tags will be considered inoperable and must be removed from the public view which includes streets, sidewalks and adjacent properties;
c. All covers and tarps or any other material employed to protect a recreational vehicle/utility trailer from the elements must be secured and must be weather proof;
d. Rocks/bricks or other weighted items cannot be used to secure the weather proofing cover;
e. All recreational vehicle/utility trailer parking and storage areas shall be properly maintained and kept free of weeds, mud and other debris;
f. No recreational vehicle/utility trailer shall be parked or stored closer than ten and one-half feet to curb face. Where there is no curb, the ten and one-half feet shall be measured from the edge of the street pavement. No part of the recreational vehicle/utility trailer including all equipment and towing mechanisms, shall encroach into this ten and one-half feet; g. In no instance shall a recreational vehicle/utility trailer be parked or stored where any portion of the recreational
vehicle/utility trailer blocks or overhangs the sidewalk within the public right-of-way;
h. A recreational vehicle/utility trailer shall not be parked or stored where such parking or storage constitutes a clear and demonstrable traffic hazard and threat to public health and safety. Either the Sheriff or City Manager can, at their discretion, declare the parking or storage of a particular recreational vehicle/utility trailer to be a traffic hazard and
require the immediate removal of the recreational
vehicle/utility trailer;
i. If a recreational vehicle/utility trailer is parked or stored on a portion of a driveway leading to the garage of the residence, the garage door must be fully operational which means it can be fully opened at all times;
j. No recreational vehicle/utility trailer shall be parked or stored in the corner lot side yard next to the street unless it complies with all other provisions of this Section;
k. All recreational vehicle/utility trailer must park perpendicular to the street except where they are parked on a curved or circular driveway;
l. All recreational vehicles/utility trailers in the front yard or the side yard must be parked or stored on an improved surface such as concrete, asphalt, laid brick, or other impervious material. Recreational vehicles/utility trailers parked in the backyard may be parked on gravel in lieu of an impervious surface;
m. All paved areas including areas used for recreational vehicle/utility trailer parking and storage shall not exceed 50 percent of the lot area located between the front property line and the required front setback line of the residential zone and of the lot area located between the corner side property line and the required side yard setback line of a corner lot; n. Recreational vehicles/utility trailers shall not be occupied for living purposes or be used as a storage container. Electrical hookups are prohibited except during loading and unloading or for the charging of batteries for no more than 48
consecutive hours per week. Sewer hookups are prohibited at all times;
o. No recreational vehicle/utility trailer shall be parked or stored on a residential site for a period exceeding one month unless it is owned by the resident;
p. No camper shells or cab-over-campers shall be stored in the front yard or the corner side yard of a corner lot other than on an operable and licensed pick-up truck parked in a lawful manner. Said camper shells or cab-over-campers may be
stored unmounted in the interior side yard or rear yard so long
as they are screened in conformance with Section 18.73.200 of the Municipal Code;
q. No boats or other watercraft shall be stored in the front yard or side yard other than on a validly licensed trailer parked in a lawful manner;
r. No more than one recreational vehicle/utility trailer shall be parked in the front yard or side yard for any lot or parcel less than 20,000 square feet in size. A maximum of one additional recreational vehicle/utility trailer may be parked in the rear yard for any parcel less than 20,000 square feet. For parcels 20,000 square feet or larger, two recreational vehicles/utility trailers may be parked in the front yard or side yard. A maximum of two additional recreational vehicles/utility trailers may be parked in the rear yard for any parcel 20,000 square feet or larger;
s. No second driveways or driveway approaches may be
created or used for the purposes of parking or storing a recreational vehicle/utility trailer except where the lot is 100 feet wide or except where the second driveway would be on the side of a corner lot where there is no existing driveway or driveway approach. Any second driveway shall have the
proper driveway approach requiring a public works permit; t. No recreational vehicle/utility trailer shall be parked on a public street if it is within 50 feet of any intersection or within 50 feet of any crosswalk;
u. All non-motorized recreational vehicles/utility trailers must be attached to the tow vehicle if parked on a public street. Any owner of a detached, non- motorized recreational
vehicle/utility trailer parked on the public street for any length of time will be subject to immediate citation and/or to the removal of the recreational vehicle/utility trailer at the owner's expense;
v. No recreational vehicle/utility trailer shall be parked on a public street longer than 72 consecutive hours without being moved. The total number of days a recreational vehicle may be parked on a public street shall not exceed six days per month;
w. Minor modifications or adjustments to this Section may be administratively approved by the Community Development
Director by means of a recreational vehicle/utility trailer parking minor variance where conditions such as, but not limited to, lot size, lot configuration, house location, previous construction or improvements warrant a minor modification or adjustment. If the Community Development Director cannot make such a determination, the matter may be appealed to the City's Planning Commission with the appropriate appeal fee. In no instance shall a modification or adjustment be made to the provisions of this Section if it violates a safety concern/regulation of this Section.
SECTION 41. Section 18.91.050 (“Declaration of public nuisance”) of Chapter
18.91 (“Marijuana Regulations”) of Title 18 (“Zoning”) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
18.91.050 - Declaration of public nuisance.
Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Chapter, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.
SECTION 42. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions off this ordinance.
The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court.
SECTION 43. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Grand Terrace forthwith upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of Grand Terrace at a regular meeting held on the 8th day of July 2025.
_______________________
Bill Hussey
Mayor
ATTEST:
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Daysi Alcocer
City Clerk
APPROVED AS TO FORM:
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Adrian R. Guerra
City Attorney