(A) Compressors, auxiliary engines, generators, batteri es, battery chargers, gas-fueled water heaters, and similar equipment shall be installed so as to be accessible only from the outside of the unit; (B) All equipment installed in any pa rt of the unit shall be secured so as to prevent movement during transit and to prevent detachment in the event of a collision or overturn; (C) All equipment installed within the interior of the unit, including the interiors of cabinets or compartments, shall be constructed so as to be free of sharp or jagged edges; (D) All utensils shall be stored so as to prevent th eir being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives' in cabinets, boxes or slots along counter aisles. Knife holders shall be designed to be easily cleaned and be manufactured of materials approved by the health officer; (E) Ceiling light fixtures shall be recessed or flush-mo unted and sealed and shall be equipped with safety covers approved by the health officer. The minimum clearance from the floor to the light fixture shall be at least 188 centimeters (76 inches) or the fixture shall be installed out of the traffic aisle or work area;
(F) High voltage (110-120 v) electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within a junction, outlet or switch as to prevent the use of extension cords exceeding 183 centimeters (six feet). Outside electrical connection receptacles shall be of weatherproof design with cover;
(G) Attached, firmly anchored seats with backrests, equipped with seat belts, shall be provided for all occupants. If a jump seat in the aisle is utilized, it shall fold in a manner that will clear the aisle when not in use and be held with a self-latching mechanism. Seats and backrests shall be at least 35.5 centimeters (14 inches by 14 inches) in size. All occupants shall be seated, shall wear seat belts and shall not cook or prepare food while the unit is in motion. Signs setting forth the latter three requirements shall be posted in both English and Spanish; (H) A first-aid kit approved by the health officer shall be provided and located in a convenient area in an enclosed case;
(I) All pressure cylinders shall be se curely fastened to a rigid structure of the unit. All liquefied petroleum gas (LPG) equipment shall be installed as follows.
(1) The LP gas tanks and relief valves sh all be ASME-approved for intended use. (2) Tanks shall be securely fasten ed and located where they will normally not be subject to damage.
They may be in a body compartment or underneath the body. The tank or fittings must not protrude beyond the body.
(3) Tanks and regulators shall be separated from any open flame by a vapor-tight partition. (4) When tanks are installed in a bo dy compartment, the partitions shall be sealed off from the rest of the body with no openings to the interior except for the tubing. The following additional requirements shall be met:
(a) All tank valves and fittings shall be readily accessible from outside the unit. (b) The tank safety relief valve shall be vent ed to the outside and directed downward. (c) The filling shall be done through an outside door to the compartment. (d) The compartment shall be vented to the exteri or of the unit so as to prevent accumulation of gas.
(5) Tubing that passes through partitions shall be protected by grommets made of rubber or other approved materials.
(6) Tubing exposed to friction shall be protected against chafing. (7) Expansion and contraction bends shall be made in the tubing between the tank and the appliance.
(8) ASME-approved LP gas tubing or standard weight pipe shall be used throughout. (9) Protective "thread" caps shall be installed on fill-line check valves. (10) Every appliance fueled by LP gas shall be equipped with a pilot light attachment and provided with an ASME-approved device which will automatically shut off all gas to the appliance if the pilot light should be extinguished.
(J) A minimum five B.C.-rated portable fire extinguisher (UL or state fire marshal approved design) shall be installed in plain sight and within easy reach, immediately inside the front driver's door. The extinguisher shall be replaced or recharged after each use. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 7, passed 2-1-94) § 6-4-21 Mobile food preparation units operating in more than one location in any day.
In addition to the requirements specified in § 6-4-20, mobile food preparation units which operate at more than one location in any calendar day shall comply with the requirements set forth in California Health and Safety Code § 114323 or as that section may be amended. The following additional requirements shall also apply. (1) Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of the unit in the event of a sudden stop, collision or overturn, or, as an alterative to this requirement, coffee urns shall be equipped with positive closing lids as well as perforated metal protective sleeves on the glass liquid level sight gauges. (2) Deep fat fryers are prohibited unless equipped wi th positive closing lids to contain the fat and to prevent splashing or excessive spillage in transit or in the event of a sudden stop, collision or overturn of the unit. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be kept positively closed while the unit is in motion, and signs setting forth this requirement shall be posted in both English and Spanish. (3) Water bath or steam food insert tables shall be pr ovided with baffles to prevent surging in transit. All such tables, as well as dry heat units and their insert food containers and similar equipment that contains hot liquids or hot foods, shall have positive closing lids to contain all such liquids or foods and to prevent splashing or spillage in transit or in the event of a sudden stop, collision or overturn of the unit. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be positively closed while the unit is in motion, and signs setting forth this requirement shall be posted in both English and Spanish. (4) An alternate means of exit in th e side opposite the main exit door, or the roof, or the rear of the unit, with unobstructed passage of 61 centimeters by 61 centimeters (24 inches by 24 inches) minimum to the outside shall be provided. The interior latching mechanism shall be operable by hand without special tools or key. The exit shall be labeled "Safety Exit" in contrasting colors with letters at least 2.54 centimeters (one inch) in height.
(A) Any lids required under this section shall be designed and constructed so as to prevent pressure buildup which could result in an explosion.
(B) Signs setting forth the requirements in this section shall be posted in both English and Spanish. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-22 Additional requirements for mobile food preparation units operating in multi- locations in any day.
In addition to the requirements specified in § 6-4-21,mobile food preparation units which operate at more than one location in any calendar day, shall comply with the following additional requirements:. (A) Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of the unit in the event of a sudden stop, collision or overturn, or, as an alternative to this requirement, coffee urns shall be equipped with positive closing lids as well as perforated metal protective sleeves on the glass liquid level sight gauges. (B) Deep fat fryers are prohibited, unless equipped wi th positive closing lids to contain the fat and to prevent splashing or excessive spillage in transit or in the event of a sudden stop, collision or overturn of the unit. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be kept positively closed while the unit is in motion. Signs setting forth the latter requirements shall be posted in both English and Spanish. (C) Water bath or steam food insert tables shall be pr ovided with baffles to prevent surging in transit. All such tables, as well as dry heat units, their insert food containers and similar equipment that contains hot liquids or hot foods shall have positive closing lids to contain all such liquids or foods and to prevent splashing or spillage in transit or in the event of a sudden stop, collision or overturn of the unit.
Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be positively closed while the unit is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. (D) An alternate means of exit in the side opposite the main exit door, or the roof, or the rear of the unit, with unobstructed passage of 61 centimeters by 92 centimeters (24 inches by 36 inches) minimum to the outside, shall be provided. The interior latching mechanism shall be labeled "Safety Exit" in contrasting colors with at least two and fifty-four one-hundredths (2.54) centimeters (one inch) high letters.
(Ord. 94-69, § 8, passed 2-1-94)
§§ 6-4-23, 6-4-24 Reserved.
§ 6-4-25 Suspension for refusal of entry.
It shall be a violation of this subchapter for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the premises described in § 6-4-15, or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the premises. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 9, passed 2-1-94) § 6-4-26 Summary suspension.
(A) If any immediate danger to the public health or sa fety is found, unless the danger is immediately corrected, an inspector may temporarily suspend the permit and order the premises immediately closed. Immediate danger to the public health and safety means any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission, or hazardous condition, including, but not limited to, unsafe food temperature, sewage contamination, nonpotable water supply or an employee who is a carrier of a communicable disease.
(B) Whenever a permit is suspended as the result of an immediate danger to the public health or safety, the inspector shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code section, and informing the permittee of the right to a hearing. (C) At any time within 15 calendar days after service of a notice pursuant to division (B) above, the permittee may request, in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to such hearing. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 10, passed 2-1-94) § 6-4-27 Supervision of closing down premises.
When any permit is first suspended hereunder, or when any premises governed hereby shall have been closed for business and left in an unsanitary condition, the health department shall have the power to enter to ensure that the premises are closed down in a manner which will not endanger the public health. If the permittee or his employee in charge cannot be found, or is unwilling or unable to remedy the condition of the premises, the owner of the premises shall be notified of unsanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 11, passed 2-1-94) § 6-4-28 Rules and regulations.
The health officer may adopt and enforce rules and regulations necessary to administer this subchapter, including, but not limited to, regulations pertaining to:
(A) Forms for applications, permits and notices;
(B) Forms and procedures for hearings upon the granti ng, denying, suspending, revoking or reinstating of permits; and
(C) Inspection of premises and reporting thereon.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 12, passed 2-1-94)
§ 6-4-29 Penalty.
Any person violating any of the provisions of this subchapter shall be guilty of a misdemeanor. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 13, passed 2-1-94) § 6-4-30 Preemption.
This subchapter shall not apply to any matter to which it concerns to the extent that the regulation of such matter is preempted by State law.
(Ord. 94-69, § 14, passed 2-1-94)
§§ 6-4-31—6-4-39 Reserved.
SUBCHAPTER 3. HEALTH SERVICES FEE
§ 6-4-40 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Health department or department. The Orange County Health Care Agency.
Health officer. The County Health Officer or their duly authorized representative.
Person. An individual, partnership, corporation or other legal entity.
Receipt. A county public health services fee receipt.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 15, passed 2-1-94) § 6-4-41 Purpose and authority.
(A) The purpose of this subchapter shall be to establish fees sufficient to meet the reasonable expenses of the health officer in enforcing state statutes, orders, quarantines and rules and regulations of state officers and departments relating to public health, which expenses are hereby found not to be met by the fees prescribed by the state.
(B) The authority for this subchapter is contained in the California Health and Safety Code § 101325. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 16, passed 2-1-94; Ord. 96-92, § 16, passed 8-20-96)
§ 6-4-42 Area of application.
This subchapter shall be enforceable within the territory of the city. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 17, passed 2-1-94; Ord. 96-92, § 17, passed 8-20-96) § 6-4-43 Violation.
It shall be unlawful for any person to conduct any activity enumerated in this subchapter without a valid receipt.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 18, passed 2-1-94) § 6-4-44 Separate activities.
If a person shall conduct more than one of the activities for which a receipt is required, they must obtain a separate receipt for each activity, except as otherwise provided herein. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 19, passed 2-1-94) §§ 6-4-45—6-4-51 Reserved.
§ 6-4-52 Applications.
Applications for a receipt shall be filed with the health department on a form to be provided by that department. The applications shall be accompanied by payment of the required fee. An applicant for or recipient of a receipt shall provide the health officer with any information requested by them. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 20, passed 2-1-94) § 6-4-53 Rules and regulations.
The health officer shall administer this subchapter and may issue regulations and prepare application and identification forms pertaining thereto.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 21, passed 2-1-94) § 6-4-54 Fees.
(A) The county shall, by annual board resolution, adopt health service fees to be paid by the proprietor or operator of the food facility.
(B) Such fees are to be paid directly to the county health officer and retained by the county as reimbursement for said services related to this subchapter. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 22, passed 2-1-94) § 6-4-55 Reserved.
§ 6-4-56 Reserved.
§ 6-4-57—6-4-59 Reserved.
SUBCHAPTER 4. ALCOHOLIC BEVERAGES WARNING SIGNS
§ 6-4-60 Purpose of subchapter.
The Surgeon General of the United States has recommended that women who are pregnant, or considering pregnancy, be advised not to drink alcoholic beverages, and to be aware of the alcoholic content in anything they eat, because alcohol consumption during pregnancy, especially in the early months, can harm the fetus. In order to serve the public health, safety and welfare, the purpose of this subchapter is to educate the public by requiring that warning signs be placed at all locations where alcoholic beverages are sold to the public. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-61 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Alcoholic beverages. Includes, without limitation, beer, malt liquors, wine and distilled spirits.
Health officer. The city health officer or their deputy. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-62 Required signs.
Any person who owns, operates, manages, leases or rents premises offering wine, beer, distilled spirits, malt liquors or other alcoholic beverages for sale, or who dispenses such beverages for consideration to the public, shall cause signs to be posted in compliance with the following. (A) For alcoholic beverages intended for consumption off the premises where sold or distributed, at least one notice or sign shall be placed in the retail establishment so as to ensure that it is readable and likely to be read, either at the retail point of sale or each point of display. Signs or notices placed at the point of display shall be placed no more than ten feet from any display of any alcoholic beverage container in a manner associating the sign or notice with the display. (B) For alcoholic beverages provided for consumptio n on the premises at tables served by food or beverage persons, at least one notice or sign shall be placed so as to ensure that it is readable and likely to be read by the public being served on the premises, or a notice or sign shall be conspicuously displayed at each of the tables.
(C) For alcohol sold or distributed through over-the-counter service, at least one notice or sign shall be placed in the retail establishment so that it is readable and likely to be read from all counter locations available to the public.
(D) Any sign required to be posted or displayed under this section, except as otherwise provided in this article, shall bear the following warning message: "WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects."
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-63 Language.
If 25% or more of the public patronizing premises offering for sale or dispensing, for consideration, wine, beer or other alcoholic beverages uses a language other than English as a primary language, any sign or notice required under § 6-4-62 shall be worded in both English and the primary languages involved. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-64 Enforcement of subchapter.
The police chief shall be responsible for enforcing the provisions of this subchapter. Police services shall have the authority to adopt reasonable rules and regulations for the implementation of this subchapter, including rules and regulations for alternative signs and warning messages, and placement of required signs. (Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 2, passed 8-20-96) § 6-4-65 Penalty for violation of subchapter.
Any person who shall violate the provisions of this subchapter shall be guilty of an infraction, and upon conviction shall be punished by a fine not to exceed $100.00 per day.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-66 Sign availability.
Warning signs required by this subchapter may be obtained free of charge from the health department.
Vendors of alcoholic beverages may also prepare and post signs of their own making, meeting the requirements of this subchapter, at their expense. In no event shall the language of the warning sign be altered from that specified in § 6-4-62(D).
(Ord. 90-11, § 4, passed 3-6-90)
Chapter 5 WATER CONSERVATION3
Subchapter 1. Use of Well Water, §§ 6-5-1—6-5-13
Subchapter 2. Construction and Abandonment of Water Wells, §§ 6- 5-14—6-5-39
Subchapter 3. Water Efficient Landscaping Regulations, §§ 6-5-40— 6-5-461
SUBCHAPTER 1. USE OF WELL WATER
§ 6-5-1 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Beneficial use and beneficial purpose. The causing, suffering or permitting of any water pumped or flowing from any well to be used for the purpose of irrigation of lands or for domestic use or for the propagation of fish.
Irrigation of land. The artificial application of water to lands whenever rainfall is insufficient to meet the full water requirements of crops, applied to lands in such quantities and in such manner, from time to time during the growing season of the trees or plants being irrigated, as will provide sufficient moisture to promote plant growth, having reference to the particular kind of crops grown and the particular type of soil involved.
Propagation of fish. The breeding or propagating of edible or pet species of fish where such breeding or propagation is carried on as a commercial enterprise.
Unnecessarily flow. The causing, suffering or permitting water flowing from an artesian well or pumped from a pumping well to be stored or used for any purpose other than a beneficial use or beneficial purpose.
Waste of water.
(1) (a)The causing, suffering or permitting of any wa ter pumped or flowing from any well to run into any river, creek or other natural watercourse or channel, or into any bay or pond or artificial reservoir, or into any street, road or highway, unless it be used thereafter for a beneficial purpose. (b)Where such water is caused, suffered or permitted to be run into any pond or artificial reservoir, such storing of water shall be deemed a waste of water unless it is used thereon for the beneficial
purpose of domestic use or propagation of fish or thereafter removed therefrom and used for the beneficial purpose of irrigation.
(2) The causing, suffering or permitting any water pumped or flowing from any well to run upon the land of any person, or upon the public lands of the United States or the state, unless it be used thereon for the beneficial purposes of irrigation thereof or for the propagation of fish. (3) The causing, suffering or permitting any water pumped or flowing from any well to be used for a beneficial purpose, where such beneficial use allows more than 5% of the water so pumped to escape in such a way as would define the use of such escaped water to be classified as waste of water under this section.
Water well and well. An artificial hole made in the ground through which water naturally flows from subterranean sources to the surface of the ground, commonly known and designated as an artesian well, or any well from which water is obtained by means of a pump or other mechanical device, commonly known and designated as a pumping well.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-2 Unlawful use of water.
It shall be unlawful for any person, either as owner, tenant, manager, agent or employee, to cause, permit or suffer any water well under the ownership, control or management of such person to be operated or used in such manner as to cause, suffer or permit the water from such well to unnecessarily flow or be pumped therefrom or to go to waste.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-3 Civil execution on fine.
Any fine imposed for violation of the provisions of this subchapter may be collected as in other criminal cases, and the court may also issue an execution upon the judgment therein rendered and the execution may be enforced and collected as in civil cases.
(Ord. 90-11, § 4, passed 3-6-90)
§§ 6-5-4—6-5-13 Reserved.
SUBCHAPTER 2. CONSTRUCTION AND ABANDONMENT OF WATER WELLS4 § 6-5-14 Purpose of subchapter.
It is the purpose of this subchapter to control the construction and reconstruction of wells to the end that the groundwater of the city will not be impaired in quality and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of the city, and to provide for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells
will not impair the quality of groundwater or otherwise jeopardize the health, safety or welfare of the people of the city.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-15 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Abandoned and abandonment. Apply to a well which has not been used for a period of one year, unless the owner declares in writing to the well standards advisory board their intention to use the well again for supplying water or for other associated purpose such as use as an observation well or injection well, and receives approval of such declaration from the board. All such declarations shall be renewed annually and at such time shall be resubmitted to the board for approval. Test holes and exploratory holes shall be considered abandoned 24 hours after construction work has been completed, unless otherwise approved by the health officer.
Agricultural well. A water well used to supply water for irrigation or other agricultural purposes, including so- called stock wells.
Cathodic protection well. Any artificial excavation in excess of 50 feet constructed by any method for the purpose of installing equipment or facilities for the protection, electrically, of metallic equipment in contact with the ground, commonly referred to as a cathodic protection well or a deep anode.
Community water supply well. A water well used to supply water for domestic purposes in systems subject to California Health and Safety Code § 4010116270 et seq.
Construct, reconstruct, construction and reconstruction. To dig, drive, bore, drill or deepen a well, or to re- perforate, remove, replace or extend a well casing.
Destruction. The proper filling and sealing of a well that is no longer useful so as to ensure that the groundwater is protected and to eliminate a potential physical hazard.
Electrical grounding well. Any artificial excavation in excess of 50 feet constructed by any method for the purpose of establishing an electrical ground.
Health officer. The Orange County health officer or their designee.
Individual domestic well. A water well used to supply water for domestic needs of an individual residence or commercial establishment.
Industrial well. A water well used to supply an industry on an individual basis.
Observation well. A well used for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.
Permit. A written permit issued by the health officer permitting the construction, reconstruction, destruction or abandonment of a well.
Person. Any person, firm, corporation or governmental agency.
Public nuisance. When applied to a well, means any well which threatens to impair the quality of groundwater or otherwise jeopardize the health or safety of the public.
Saltwater (hydraulic) barrier well. A well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of saltwater into a freshwater-bearing aquifer.
Test or exploratory hole. An excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.
Well. Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include but shall not be limited to community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and saltwater (hydraulic) barrier wells, and other wells whose regulation is necessary to fulfill the purpose of this subchapter as determined by the well standards advisory board. Wells shall not include:
(1) Oil and gas wells, geothermal wells or other wells co nstructed under the jurisdiction of the California department of conservation, except those wells converted to use as water wells; (2) Wells used for the purpose of dewatering excavati ons during construction, or stabilizing hillsides or earth embankments; or
(3) Other wells whose regulation is not necessary to fulf ill the purpose of this subchapter as determined by the well standards advisory board.
Wells standard advisory board. The wells standard advisory board as appointed by the board of supervisors of the County of Orange pursuant to the codified ordinances of the County of Orange. (Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 3, passed 8-20-96) § 6-5-16 Reserved.
§ 6-5-17 Permit required; compliance with orders of health officer and advisory board. (A) No person shall, within the city, construct or recons truct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the health officer as provided in this subchapter.
(B) No person shall abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the health officer.
(C) No person shall violate the terms of any order issued by the well standards advisory board or the health officer issued pursuant to this subchapter.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-18 Issuance of permit; amendment or cancellation. (A) Applications for permits shall be ma de to the health officer and shall contain such information as they shall require.
(B) Each application shall be accompanied by a fee which shall be established by the city council on the basis of the cost incurred in enforcing the provisions of this subchapter. Fifty percent of the fee shall be returned to the applicant should the permit be denied or if the permit is canceled within 60 days after issuance and no work has been done. A permit shall remain in effect for one year from the date of issuance. (C) Permits may be issued subject to an y condition or requirement found by the health officer to be necessary to accomplish the purposes of this subchapter.
(D) A permit may be canceled or the conditions amended by the health officer if they determine that to proceed with the work would result in a public nuisance or that the permit holder has violated the terms of the permit or this subchapter.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-19 Notification to health officer of completion of work; inspection.
The permittee shall notify the health officer in writing upon completion of the work, and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by the health officer, and no permittee shall be deemed to have complied with this subchapter or their permit until such inspection has been performed.
(Ord. 90-11, § 4, passed 3-6-90)
§§ 6-5-20—6-5-24 Reserved.
§ 6-5-25 Notice of cancellation or denial of permit.
If a permit is denied or canceled, the applicant or permit holder shall be given written notice by the health officer, which notice shall specify the reasons for their action and shall notify the applicant or permit holder of their right to request a hearing before the well standards advisory board within ten days. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-26 Notice to abate nuisance.
If the health officer determines that a well constitutes a public nuisance, they shall mail a written notice to the landowner and the permit holder, if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance; the corrective measures deemed necessary; and the time, date and place at which a hearing shall be held by the well standards advisory board relating thereto, which date shall be not less than ten and not more than 30 days after the date such notice is mailed. The notice shall state that if the board determines that a public nuisance exists a special assessment shall be imposed upon the land for any costs of abatement.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-27 Immediate abatement of nuisances.
If the health officer finds that immediate action is necessary to prevent impairment of the groundwater or a threat to the health or safety of the public, they may abate the nuisance under this subchapter without giving notice. Within 24 hours after initiating such abatement, the health officer shall give notice of a hearing before the well standards advisory board in the manner prescribed in § 6-5-26. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-28 Hearing on order to abate nuisance.
(A) At the time fixed for the hearing as provided for in this subchapter, the well standards advisory board shall hear and consider all relevant testimony and evidence offered by the landowner and by any other interested person. If the board finds that a public nuisance exists, it shall direct the health officer to take any necessary action to protect the groundwater or the health and safety of the public, unless the situation is corrected by the landowner on or before a date to be specified by the board. The costs of such corrective work by the health officer shall become a special assessment upon the land pursuant to § 6-5-29.
(B) If the board finds that a permit was improperly denied or canceled, it shall order the health officer to issue or reinstate such permit.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-29 Collection of abatement costs.
Upon a finding by the well standards advisory board that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this subchapter shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within 60 days, they shall then be declared a special assessment against that parcel as provided in California Government Code § 25845. Such special assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary city taxes.
The city shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-30 Standards for construction or abandonment.
Standards for the construction, reconstruction, destruction or abandonment of wells shall be the standards recommended in the California department of water resources Bulletin Number 74, chapter II, and future amendments thereto. Standards for the construction, reconstruction, destruction or abandonment of cathodic protection wells and electrical grounding wells shall be the standards recommended in the state department of water resources Bulletin No. 74-1 and future amendments thereto. Well standards may be modified by the health officer, with the advice and concurrence of the well standards advisory board, where required to cope with the local geological and groundwater conditions.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-31 Penalty for violation of subchapter.
(A)Any person who violates the terms of this subchapter or any permit issued under this subchapter shall be guilty of a misdemeanor, punishable by a fine not exceeding $500.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment.
(B) Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted, and shall be subject to the same punishment as for the original offense.
(Ord. 90-11, § 4, passed3-6-90)
§§ 6-5-32—6-5-39 Reserved.
SUBCHAPTER 3. WATER EFFICIENT LANDSCAPING REGULATIONS5
§ 6-5-40 Purpose and intent.
(a) The State Legislature has found that:
(1) The waters of the State are of limited supp ly and are subject to ever increasing demands; (2) The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;
(3) It is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
(4) Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; (5) Landscape design, installation, maintenance, and management can and should be water efficient; and (6) Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water. (7) Assembly Bill 1881 (2006) requires adoption by cities of a water efficient landscape ordinance that is at least as effective for conserving water as a model water efficient landscape ordinance issued by the State Department of Water Resources on September 17, 2009. (b) The city council finds and determines that:
(1) The city has an established reclaimed water infras tructure system for landscape use, that reduces the need for importation of potable water supplies;
(2) All water services within the ci ty are metered, such that the water purveyor can document water use in landscapes;
(3) Incentive-based water use efficiency programs ha ve been actively implemented within the city; (4) Current local design practices in new landscapes typically achieve the state model water efficient landscape ordinance water use goals;
(5) All new irrigation controllers sold after 2012 wi thin Orange County will be smart controllers that automatically adjust watering based on actual need;
(6) Landscape plan submittal and review has been a long-standing practice in Laguna Niguel; (7) The rainfall in the city averages approximately 12 inches per year and does not reliably offset the need for landscape irrigation;
(8) The local water purveyor is implementing budget- based tiered-rate billing and enforcement of water waste prohibitions for all existing metered landscaped areas throughout its service area, which includes the City of Laguna Niguel in its entirety.
Consistent with these findings, the purpose of the city's water efficient landscaping regulations is to establish alternative regulations acceptable under AB 1881 as being at least as effective as the state model water efficient landscape ordinance in the context of conditions in the city, in order to:
(1) Benefit from regulations that are consistent with neighboring local and regional agencies; (2) Promote the values and benefits of landscapes wh ile recognizing the need to invest water and other resources as efficiently as possible;
(3) Establish a structure for planning, designing, in stalling, maintaining and managing water efficient landscapes in new construction and rehabilitated projects; (4) Establish provisions for water management pr actices and water waste prevention for existing landscapes;
(5) Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount; and (6) Encourage the use of economic incentives that pr omote the efficient use of water, including but not limited to a budget-based tiered-rate structure.
(Ord. 2009-156, § 1, passed 12-15-09)
§ 6-5-40 Purpose and intent.
The State Model Water Efficiency Landscape Ordinance (MWELO), as established in Chapter 2.7 of Division 2 of the Title 23 of the California Code of Regulations, applies to all new and rehabilitated public and private projects, and shall be reviewed against the rules and procedures specified in the Guidelines for Implementation of the City of Laguna Niguel Water Efficient Landscaping Regulations.
§ 6-5-41 Applicability.
(a) Beginning January 1, 2010, the water efficient landsc aping regulations shall apply to the following landscape projects:
(1) New construction and landscape re habilitation projects by public agencies or private non-residential developers with a landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to design review and approval of a landscape plan pursuant to a discretionary permit (e.g., site development permit, coastal development permit, variance, use permit, minor adjustment and/or changed plan). (2) New construction and landscape re habilitation projects by developers or property managers of single- family and multi-family residential projects or complexes with a landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to design review and approval of a landscape plan pursuant to a discretionary permit (e.g., site development permit, coastal development permit, variance, use permit, minor adjustment and/or changed plan).
(3) New construction landscape installation projects by individual homeowners on single-family or multi- family residential lots with a project landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 5,000 square feet, and which are otherwise subject to design review and approval of a landscape plan pursuant to a discretionary permit (e.g., site development permit, coastal development permit, variance, use permit, minor adjustment and/or changed plan).
(b) § 6-5-43(b) of the landscape water use standards of these water efficient landscaping regulations shall apply to:
(1) All landscaped areas, whether installed prior to or after January 1, 2010; and (2) All landscaped areas installed after January 1, 2010 to which § 6-5-41(a) is applicable. (c) These water efficient landscaping regulations do not apply to:
(1) Registered local, state, or federal historical sites; (2) Ecological restoration proj ects that do not require a permanent irrigation system;
(3) Mined-land reclamation projects that do no t require a permanent irrigation system; or (4) Plant collections, as part of botanical gardens and arboretums open to the public. (Ord. 2009-156, § 1, passed 12-15-09)
§ 6-5-41 Guidelines for Implementation of the Water Efficient Landscaping Regulations. (A) The Director of Community Development shall formulate and modify as necessary such rules, procedures and interpretations as may be necessary or convenient to administer this subchapter. Such rules, procedures and interpretations shall be referred to as the Guidelines for Implementation of the city’s Water Efficient Landscaping Regulations or WELO Guidelines. (B) The WELO Guidelines shall include provisions at least as efficient as the state’s MWELO. (C) In the event of a conflict between the WELO Guidelines and the state’s MWELO, the more restrictive requirements shall apply.
(D) The provisions of the WELO Guidelines shall, to the extent that they are made conditions of any permit, be binding on the permittee.
§ 6-5-42 Implementation procedures.
(a) The city shall adopt, by resolution, guidelines for implementation to assure compliance with these water efficient landscaping regulations.
(Ord. 2009-156, § 1, passed 12-15-09)
§ 6-5-43 Landscape water use standards.
(a) For applicable landscape installati on or rehabilitation projects subject to § 6-5-41(a) of this water efficient landscaping regulations, the estimated applied water use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the city; as provided in the guidelines.
(b) Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by the local water purveyor and the local agency.
(Ord. 2009-156, § 1, passed 12-15-09)
§ 6-5-44 Delegation.
The city may delegate to, or enter into a contract with, another local agency, water purveyor, or other contractor to implement, administer, and/or enforce any of the provisions of the water efficient landscape regulations on behalf of the city.
(Ord. 2009-156, § 1, passed 12-15-09)
6-5-45 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Applied water. The portion of water supplied by the irrigation system to the landscape.
Budget-based tiered-rate structure. Tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.
Ecological restoration project. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
Estimated applied water use. The average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.
ET adjustment factor or ETAF. Equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this water efficient landscape ordinance and the guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.
Guidelines. The guidelines for implementation of the water efficient landscape ordinance, as adopted by the city, which describes procedures, calculations, and requirements for landscape projects subject to this water efficient landscape ordinance.
Hardscapes. Any durable material or feature (pervious and non-pervious) installed around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this water efficient landscape ordinance.
Homeowner installed landscape. Any landscaping either installed by a private individual for a single family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this subchapter, is a person who occupies the dwelling they own. This definition excludes speculative homes, which are not owner-occupied dwellings and which are subject under this subchapter to the requirements applicable to developer-installed residential landscape projects.
Irrigation efficiency. The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. Better irrigation efficiency can be expected from well designed and maintained systems.
Landscaped area. All the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
Landscape contractor. A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
Landscape documentation package. The documents required to be provided to the city for review and approval of landscape design projects, as described in the guidelines.
Landscape project. Total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under § 6-5-41 of this water efficient landscape ordinance.
Local agency. A city or county, including a charter city or charter county, that is authorized by the city to implement, administer, and/or enforce any of the provisions of the water efficient landscape ordinance on behalf of the city. The local agency may be responsible for the enforcement or delegation of enforcement of this water efficient landscape ordinance including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.
Local water purveyor. Any entity, including a public agency, city, county, or private water company that provides retail water service.
Maximum applied water allowance or MAWA. The upper limit of annual applied water for the established landscaped area as specified in the guidelines. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance.
Mined-land reclamation projects. Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
New construction. A new building with a landscape, or other new landscape such as a park, playground, or greenbelt without an associated building.
Non-pervious. Any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
Pervious. Any surface or material that allows the passage of water through the material and into the underlying soil.
Permit. An authorizing document issued by local agencies for new construction or rehabilitated landscape.
Plant factor or plant water use factor. A factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this water efficient landscape ordinance, the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this water efficient landscape ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." Recycled water or reclaimed water. Treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
Reference evapotranspiration or ETo. A standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the guidelines, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances.
Rehabilitated landscape. Any re-landscaping project that meets the applicability criteria of section 6-5-41(a), where the modified landscape area is greater than 2,500 square feet, is 50 percent of the total landscape area, and the modifications are planned to occur within one year.
Smart automatic irrigation controller. An automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather- based) or soil moisture data.
Special landscape area. An area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens; an area irrigated with recycled water; a water feature using recycled water, and/or an area
dedicated to active play such as parks, sports fields, golf courses, swimming pools and where turf provides a playing surface.
Turf. A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St.
Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
Valve. A device used to control the flow of water in an irrigation system.
Water feature. A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. (Ord. 2009-156, § 1, passed 12-15-09)
§ 6-5-46 Model water efficient landscaping ordinance requirements.
Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new single-family, multi- family, public, institutional, or commercial project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet shall comply with the requirements of § 6-3-710 (model water efficient landscaping ordinance requirements) found in subchapter 7 (organic waste disposal reduction) of chapter 3 (sewage and solid waste disposal) of title 6 (health and sanitation). (Ord. 2021-209, § 3, passed 5-4-21)
Chapter 6 NOISE CONTROL
Subchapter 1. General Pr ovisions, §§ 6-6-1—6-6-15
SUBCHAPTER 1. GENERAL PROVISIONS
§ 6-6-1 Declaration of policy.
In order to control unnecessary, excessive and annoying sounds emanating from the city, it is hereby declared to be the policy of the city to prohibit such sounds generated from all sources as specified in this subchapter. It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-2 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Ambient noise level. means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
Cumulative period. An additive period of time composed of individual time segments which may be continuous or interrupted.
Decibel (dB). A unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.
Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Emergency machinery, vehicle or work. Any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.
Fixed noise source. A stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.
Grading. Any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare the site for construction or other improvements thereon.
Impact noise. The noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.
Mobile noise source. Any noise source other than a fixed noise source.
Noise level. The A-weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A).
Person. A person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature.
Residential property. A parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.
Simple tone noise. A noise characterized by a predominant frequency so that other frequencies cannot be readily distinguished.
Sound level meter. An instrument meeting American National Standard Institute Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
Sound pressure level of a sound. In decibels, means 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-3 Noise level measurement equipment.
Any noise level measurements made pursuant to the provisions of this subchapter shall be performed using a sound level meter.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-4 Designated noise zone.
The entire territory of the city is hereby designated as Noise Zone one.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-5 Exterior noise standards.
(A)(1) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:
NOISE STANDARDS
Noise
Zone
Noise Level Time Period
1 55 dB(A) 7:00 a.m.—10:00 p.m.
50 dB(A) 10:00 p.m.— 7:00 a.m.
(2)If the alleged offensive noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this divisions (A)(2) shall be reduced by five dB(A).
(B) It shall be unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured on any other residential property, to exceed:
(1) The noise standard for a cumulative period of more than 30 minutes in any hour; (2) The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour; (3) The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; (4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB(A) for any period of time. (C)(1) If the ambient noise level exceeds any of the first four noise limit categories in division (B) above , the cumulative period applicable to such category shall be increased to reflect the ambient noise level. (2) If the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-6 Interior noise standards.
(A)(1) The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:
INTERIOR NOISE STANDARDS
Noise
Zone
Noise Level Time Period
1 55 dB(A) 7:00 a.m.—10:00 p.m.
45 dB(A) 10:00 p.m.— 7:00 a.m.
(2) If the alleged offensive noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this division (A)(2) shall be reduced by five dB(A).
(B) It shall be unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured within any other dwelling unit on any residential property, to exceed:
(1) The interior noise standard for a cumulative pe riod of more than five minutes in any hour; (2) The interior noise standard plus five dB(A) for a cumulative period of more than one minute in any hour; or
(3) The interior noise standard plus ten dB(A) for any period of time. (C)(1) If the ambient noise level exceeds either of the first two noise limit categories in division (B) above, the cumulative period applicable to the category shall be increased to reflect such ambient noise level. (2) If the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under the category shall be increased to reflect the maximum ambient noise level. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-7 Exemptions from subchapter.
The following activities shall be exempted from the provisions of this subchapter:
(A) Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college;
(B) Outdoor gatherings, public dances and shows, provided such events are conducted pursuant to a license issued by the city pursuant to title 5;
(C) Activities conducted on any park or playground , provided such park or playground is owned and operated by a public entity;
(D) Any mechanical device, apparatus or equipmen t used, related to or connected with emergency machinery, vehicles or work;
(E) Noise sources associated with construction, re pair, remodeling or grading of any real property, provided such activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday; (F) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions;
(G) Mobile noise sources associated with agricultural operations; provided such operations do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday;
(H) Mobile noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the agricultural commissioner;
(I) Noise sources associated with th e maintenance of real property, provided such activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a federal holiday; (J) Any activity to the extent regulation thereof has been preempted by state or federal law; and (K) (1)Noise sources associated with the construction, repair or maintenance of any public street, or the construction, installation, repair or maintenance of any facilities owned by or operated by the city or a
utility, including, but not limited to, water, sewer, electricity, gas, storm drain, traffic control, telephone and cable television, provided the director of public works determines that an unusual or unique condition exists and that all other reasonable alternatives are not feasible for the construction, repair or maintenance to take place between 7:00 a.m. and 8:00 p.m. on weekdays, including Saturdays.
(2) Unusual and unique conditions for which there are no reasonable feasible alternatives include, but are not limited to, the following:
(a) Construction, repair or maintenance of a public street that would have an adverse impact on the flow of traffic on that street if such construction, repair or maintenance took place between 7:00 a.m. and 8:00 p.m. on weekdays, including Saturdays;
(b) Construction, installation, maintenance or repair of water, sewer, electricity, gas, storm drain, traffic control, telephone or cable television lines and appurtenant facilities when there would be less interference with the use of such utilities and facilities by members of the public at night than during normal working hours;
(c) Sewer line repairs when there would be minimal flow in the line at night; (d) Construction, repair or maintenance of facilities over existing public streets, such as power lines and bridges;
(e) Construction, repair or maintenance of a public street that requires that the street be closed in both directions; and
(f) Construction, repair or maintenance of a public street that is at or near a freeway, especially if the California department of transportation requires that such work be done at night. (Ord. 90-11, § 4, passed 3-6-90; Ord. 2007-149, § 2, passed 10-16-07) § 6-6-8 Creation of noise near schools, hospitals and churches.
It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the school, hospital or church is in use to exceed the noise limits as specified in § 6-6-5 prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three separate locations within one-tenth mile of the institution indicating the presence of a school, church or hospital. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-8.1 Motor vehicle racing.
It shall be unlawful to conduct motor vehicle racing, testing, timing or similar noise-producing activities at raceways, speedways, offroad vehicle courses, drag strips or other similar places, including but not limited to the operation of midget race cars, drag cars, motorcycles, offroad vehicles and specialty automobiles, between the hours of 11:30 p.m. and 8:00 a.m.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-9 Air conditioning and refrigeration equipment.
During the five-year period following the effective date of this subchapter, the noise standards enumerated in §§ 6-6-5 and 6-6-6 shall be increased eight dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this subchapter. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-10 Noise level measurement location.
The location selected for measuring exterior noise levels shall be at any point on the affected property.
Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-11 Enforcement of subchapter.
(A) The chief of police, and their duly authorized represen tatives, are directed to enforce the provisions of this subchapter. The chief of police and their duly authorized representatives are authorized, pursuant to California penal code § 836.5, to arrest any person without a warrant where they have reasonable cause to believe that such person has committed a misdemeanor in their presence. (B) No person shall interfere with, oppose or resist an y authorized person charged with the enforcement of this subchapter while such person is engaged in the performance of his duty. (Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 5, passed 8-20-96) § 6-6-12 Variance procedure.
(A) The owner or operator of a noise source which violat es any of the provisions of this subchapter may file an application with the chief of police for a variance from the provisions of this subchapter, wherein the owner or operator shall set forth all actions taken to comply with such provisions, the reasons why immediate compliance cannot be achieved, and a proposed method of achieving compliance and a proposed time schedule for its accomplishment. The application shall be accompanied by a fee in the amount of $75.00. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property, may be combined into one application. Upon receipt of the application and fee, the chief of police shall refer it, with their recommendation thereon, within 30 days, to the noise variance board for action thereon in accordance with the provisions of this subchapter.
(B) An applicant for a varian ce shall remain subject to prosecution under the terms of this subchapter until a variance is granted.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 6, passed 8-20-96)
§ 6-6-13 Noise variance board.
(A) There is hereby created a noise variance board con sisting of five members. Two of the members shall be professional engineers, one of whom shall have demonstrated knowledge and experience in the field of
acoustics, and one of whom shall be a registered mechanical engineer. One member shall be a physician licensed in this state, qualified in the field of physiological effects of noise. One member shall be a representative of business and industry. One member shall be a representative of the general public. (B) The noise variance board shall evaluate all applic ations for variance from the requirements of this subchapter and may grant such variances with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of subchapter. Such terms, conditions and requirements may include but shall not be limited to limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations, the board shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingement by the noise; the time factors related to study, design, financing and construction of remedial work; the economic factors related to age and useful life of equipment; and the general public interest and welfare. Any variance granted by the board shall be by resolution and shall be transmitted to the health officer for enforcement. Any violation of the terms of the variance shall be unlawful.
(C) Members of the variance board shall be appointed by an d shall serve at the pleasure of the city council. The board shall adopt reasonable rules and regulations for its own procedures in carrying out its functions under the provisions of this subchapter.
(D) Three members shall constitute a quorum and at least three affirmative votes shall be required in support of any action.
(E) The chief of police, or their appointed representative, shall be a nonvoting ex officio member of the variance board, and shall act as secretary of the board.
(F) Meetings of the noise variance board shall be held at the call of the secretary and at such times and locations as the board shall determine. All such meetings shall be open to the public. (G) Traveling and other expenses incurred by each board me mber in the performance of their official duties shall be reimbursed at a rate determined by resolution of the city council. (Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 7, passed 8-20-96)
§ 6-6-14 Appeal of decisions of variance board.
(A) Within 15 days following the decision of the noise vari ance board on an application, the applicant, chief of police or any member of the city council may appeal the decision to the city council by filing a notice of appeal with the secretary of the variance board. In the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the secretary on the basis of the estimated cost of preparing the materials required to be forwarded to the city council as discussed in this section. If the actual cost of such preparation differs from the estimated cost, appropriate payments shall be made either to or by the secretary.
(B) Within 15 days following receipt of a notice of appeal and the appeal fee, the secretary of the variance board shall forward to the city council copies of the application for variance, the recommendation of the chief of police, the notice of appeal, and all evidence concerning the application received by the variance board and its decision thereon. In addition, any person may file with the city council written arguments supporting or attacking the decision and the city council may in its discretion hear oral arguments thereon. The city clerk shall mail to the applicant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten days prior to the hearing date.
(C) Within 60 days following its receipt of the notice of appeal, the city council shall either affirm, modify or reverse the decision of the variance board. Such decision shall be based upon the city council's evaluation of the matters submitted to the city council in light of the powers conferred on the variance board and the factors to be considered, both as enumerated in §§ 6-6-12 and 6-6-13. (Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 8, passed 8-20-96)
§ 6-6-15 Violation of subchapter.
Any person violating any of the provisions of this subchapter shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this subchapter shall not be construed as permitting conduct not prescribed in this subchapter, and shall not affect the enforceability of any other applicable provisions of law. (Ord. 90-11, § 4, passed 3-6-90)
Chapter 7 PUBLIC SMOKING
Subchapter 1. Legislative Finding, §§ 6-7-1—6-7-9
Subchapter 2. Smoking in Buildings Owned or Leased by City, §§ 6-7- 10, 6-7-11
Subchapter 3. Smoking in Places Open to The Public, §§ 6-7-12—6-7- 15 Subchapter 4. Smoking in Private Places of Employment, §§ 6-7-16— 6-7-20
Subchapter 5. Posting of Signs, §§ 6-7-21—6-7-26
Subchapter 6. Violations and Penalties, §§ 6-7-27—6-7-30 Subchapter 7. Severability, § 6-7-31
SUBCHAPTER 1. LEGISLATIVE FINDING
§ 6-7-1 Finding of facts.
The city council finds and declares that tobacco smoking is a hazard to the health of the general public.
Studies clearly demonstrate that smoking is a hazard to the health of those who smoke. In addition, recent studies indicate that involuntary inhalation of smoke is unhealthful to non-smokers. Furthermore, studies have shown higher costs associated with smoking in the workplace due to increases in absenteeism, accidents and costs of medical care, as well as lost productivity and damage to property from burns, extra cleaning and maintenance.
Because smoking of tobacco or any other weed or plant is such a positive danger to health and a material annoyance, inconvenience, discomfort and health hazard to those who are present in confined spaces, as well as resulting in higher costs of employment, and, in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco or any other weed or plant in buildings owned or leased by the city and in public places subject to the jurisdiction or control of the city, except in designated smoking areas or as otherwise provided in this chapter. The city council further declares that the protection of the health, safety and welfare of the public, both smokers and nonsmokers, requires the regulation and control of smoking in the private workplace.
(Ord. 90-11, § 4, passed 3-6-90)
§§ 6-7-2—6-7-9 Reserved.
SUBCHAPTER 2. SMOKING IN BUILDINGS OWNED OR LEASED BY CITY § 6-7-10 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
city. Includes all entities of which the city council is the governing body. smoke or smoking. Includes the ca rrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. department head. The person who is the principal officer or employee of an agency, department or district for the discharge of duties provided by law or particular delegated functions. Where an agency, department or district shares a common area of a building or leased area with another agency, department or district, the official designated for such purpose by the city council will be considered the department head with respect to common areas.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-7-11 Smoking prohibited except in designated areas.
Smoking shall be prohibited in buildings owned or leased by the city, except in designated areas, as provided in this section, in accordance with state and federal laws. (A) Selection and posting of designated areas.
(1) Smoking shall be permitted in those areas designated by the department head, with the concurrence of the city manager's office, which are posted with appropriate signs such as signs reading "Smoking Permitted in This Area." Smoking shall not be permitted in such areas until such written concurrence is given.
(2) The city manager's office shall be guided by the following criteria:
(a) The goal shall be to implement a uniform po licy of permitting smoking in certain designated areas.
(b) Existing physical barriers and ventilation systems shall be considered to minimize the effect of smoke in adjacent nonsmoking areas.
(c) Consideration may be given to time as well as place in designation of permissible smoking areas; for example, where an employee lounge is designated as a smoking area, smoking may be prohibited during normal meal hours.
(d) The area comprising the designated smoking area should comprise no more than approximately ten percent of the usable floorspace of the particular city-owned or city-leased building. (e) Flexibility and consideration of the needs of both smokers and nonsmokers should provide for resolution of most problems; however, the health concerns of nonsmokers shall be given priority consideration in resolving any conflicts arising from implementation of this policy.
(f) Where an agency, department or district shares a building or leased area with another agency, department or district, the official designated for such purpose by the city council shall conduct a review of such shared areas for possible recommendation of designated areas to the city manager's office for concurrence.
(B) Review of restrictions.
(1)(a) There is established a no smoking ordinance compliance committee. (b) The membership of the committee shall be as specified by the city council. Staff support shall be provided by the city manager's office.
(2) The committee shall meet, as necessary, in the following situations:
(a) Where a department head seeks review of th e nonconcurrence of the city manager's office, relating to division (A) above.
(b) Where an employee seeks review of action under division (A) above creating a designated area. (c) Where an employee seeks review of a department head's action not to create a designated area under division (A) above; and
(d) At least twice annually, to re view all concurrences granted by the city manager's office for consistency with the objectives of this chapter and correct inconsistencies where appropriate. (3)(a)The no smoking ordinance compliance committee shall be guided by those factors enumerated under division (A) above and shall be empowered, if necessary, to supersede any action of the city manager's office or the department head, or both, relating to the creation of designated areas under division (A) above.
(b)If one of the members of the no smoking ordinance compliance committee is also the department head involved in a review proceeding under division (B)(2)(a), (B)(2)(b) or (B)(2)(c) above, the city attorney, or their designee, shall act on the committee in place of such person. (C) Notice to employees. The provisions of this chapter shall be communicated to all current employees and to all future employees at the time of their entry into employment. (D) Assistance to employees who smoke. The personnel department, in cooperation with the health officer, shall assist employees who wish such assistance in locating and enrolling in classes on how to break their smoking habit.
(E) Exemptions. The following places shall not be subject to the provisions of this subchapter, but shall be subject to smoking regulations as determined by the chief of police:
(1) Jails or other adult detention facilities; and
(2) Prisoner holding areas in adult court facilities.
(Ord. 90-11, § 4, passed 3-6-90)
SUBCHAPTER 3. SMOKING IN PLACES OPEN TO THE PUBLIC
§ 6-7-12 Smoking prohibited in certain places.
Smoking shall be prohibited in the following public places within the city in accordance with state and federal laws:
(A) Elevators open to and in use by the public;
I -
(B) Waiting rooms, public hallways and patients' room s of every private or public health care facility, including but not limited to hospitals, except rooms limited to a single patient and not open to the general public;
(C) Within every room, chamber, pl ace of meeting or public assembly, during such time as a meeting required by law to be open to the general public is in progress; (D) Within any building or room not open to the sky, except the lobby, when that building or room is open to the public for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of the stage production; (E) In any establishment where food is being served to the general public having an occupied capacity of 50 or more persons; provided, however, that this prohibition against smoking shall not apply within an establishment wherein a no smoking area of not less than 20% of the floorspace and of the seating capacity in which customers are served is maintained;
(F) In the halls, reading and viewing rooms of muse ums and libraries when open to the public; and (G) Within retail stores doing business with the general public in areas posted by the management to that effect, except in areas not open to the public.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-7-13 Smoking in buildings owned or leased by city.
Those places open to the public under § 6-7-12 located within buildings owned or leased by the city shall be regulated under § 6-7-12; the prohibitions of § 6-7-11 shall be inapplicable to such public places. (Ord. 90-11, § 4, passed 3-6-90)
§§ 6-7-14, 6-7-15 Reserved.
SUBCHAPTER 4. SMOKING IN PRIVATE PLACES OF EMPLOYMENT6
§ 6-7-16 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Employee. Any person who is employed by any private employer in consideration for direct or indirect monetary wages or profit.
Private employer and employer. Any person, not a governmental entity, who employs the services of ten or more individual persons.
Private place of employment. Any enclosed area under the control of a private employer in the city which employees normally frequent during the course of employment, including but not limited to working areas, employee lounges, conference rooms and employee cafeterias. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-7-17 Duties of employers.
(A) It shall be the responsibility of em ployers to provide smokefree areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.
(B) Each employer shall adopt, implement and maintain a written no smoking policy, in accordance with state and federal laws, which shall contain at a minimum the following. (1) Smoking shall be prohibited in employer conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways and elevators.
(2) A contiguous no smoking area shall be provided and maintained of not less than 50% of the seating capacity and floorspace in cafeterias, lunchrooms and employee lounges. (3) Consideration should be given to time as well as place in the prohibition of smoking, especially in smaller employee lounges, where smoking could be prohibited in the entire room during normal meal hours.
(4) Any employee in the office work place should be given the right to designate their immediate assigned work area, at a fixed location, as a nonsmoking area, and to post it with appropriate signs to be provided by the employer.
(5) In any dispute arising under the sm oking policy, the health concerns of the non-smoker shall be given precedence.
(6) Whenever smoking is prohibited, conspicu ous signs shall be posted so stating. (C) The smoking policy shall be communicated to all empl oyees within three weeks of its adoption, and to all future employees at the time of their entry into employment. (D) Notwithstanding the provisions of division (B) above, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area. (E) An employer who makes reasonable efforts to develop and promulgate a policy regarding smoking and nonsmoking in the workplace shall be deemed to be in compliance with this section, provided that a policy which knowingly omits the minimum requirements of division (B) above shall not be deemed in compliance. (F) No person or employer shall discharge or in an y manner retaliate against any employee because such employee exercises any rights afforded by this section. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-7-18 Enforcement of subchapter.
(A) Compliance with this subchapter concerning adoption, implementation and maintenance of a no smoking policy is mandatory. Employers who willfully fail to comply with the provisions of this subchapter may be subject to the penalties prescribed in § 6-7-27.
(B) A self-certification shall be prepar ed by the owner, manager, operator or other person having control of such establishment, that all requirements of this subchapter have been complied with. Such document shall be maintained on the premises of the establishment and be made available, on request, to any peace officer, the Orange County sheriff's department, the Orange County fire authority or any health department, or to any employee of the establishment.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 9, passed 8-20-96)
§ 6-7-19 Exemptions from subchapter.
(A) Notwithstanding any provisions of this subchapter to th e contrary, no regulation or prohibition of smoking is required in the following areas:
(1) For purposes of this section, th e term bar means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term bar shall not include the restaurant dining area;
(2) Private residences, except when us ed as a child care or health care facility, and during such activity; (3) Hotel and motel rooms rented to guests;
(4) Establishments devoted to the exclusive sale of tobacco or tobacco related products; (5) While being used for private functions, rooms in eating establishments, hotel and motel conference and meeting rooms and public and private assembly rooms; (6) The dining area of any establishment where food is being served to the general public, which is not a private place of employment for purposes of this subchapter, but shall be governed by the provisions of § 6-7-12(E).; and
(7) A private enclosed office workpl ace occupied exclusively by smokers, even though such an office workplace may be visited by nonsmokers.
(B) Notwithstanding any other provision of this subchapter, any owner, operator, manager or other person who controls a business may declare that entire business as a nonsmoking establishment. (C) Any owner or manager of a business or other esta blishment subject to this subchapter may apply to the chief of police for an exemption or modification to any provision of this subchapter due to unusual circumstances or conditions, such as a showing of financial impracticability. (D) This subchapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire code or ordinances. (Ord. No. 90-11, § 4, 3-6-90; Ord. No. 96-92, § 10, 8-20-96)
§ 6-7-20 Reserved.
SUBCHAPTER 5. POSTING OF SIGNS
§ 6-7-21 Required.
Signs which designate smoking or no smoking areas established by this chapter shall be clearly, sufficiently and conspicuously posted in rooms, buildings or other places so covered by this chapter as reasonably deemed necessary by the department head, operator, manager or other person having control of such room, building or other place. Where possible, ashtrays, receptacles or other devices used for extinguishing or discarding smoking materials shall be removed from all no smoking areas. Any sign posted under this subchapter shall reference § 6-7-
1. (Ord. 90-11, § 4, passed 3-6-90)
§§ 6-7-22—6-7-26 Reserved.
SUBCHAPTER 6. VIOLATIONS AND PENALTIES
§ 6-7-27 Penalty for violation of chapter.
Any person who shall violate the provisions of this chapter shall be guilty of an infraction, and upon conviction shall be punished by a fine not to exceed $100.00 per violation, per day. (Ord. 90-11, § 4, passed 3-6-90)
§§ 6-7-28—6-7-30 Reserved.
SUBCHAPTER 7. SEVERABILITY
§ 6-7-31 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable. (Ord. 90-11, § 4, passed 3-6-90)
CHAPTER 8. FLAVORED ELECTRONIC CIGARETTE PRODUCTS
Subchapter 1. General Provisions, § 6-8-1
SUBCHAPTER 1. GENERAL PROVISIONS
§ 6-8-1 Flavored electronic cigarette products; sale prohibited.
The sale, or offering to sell, of flavored electronic cigarette products is prohibited in the city as set forth in Title 5, Chapter 3, Subchapter 15.
(Ord. 2019-199, § 4, passed 11-19-19)
Chapter 9 AMBULANCE SERVICE
Subchapter 1. General Pr ovisions, §§ 6-9-1—6-9-17
SUBCHAPTER 1. GENERAL PROVISIONS
§ 6-9-1 Intent and purpose of chapter.
It is the intent of this chapter to establish general operating procedures and standards for medical transportation services operating within the city in both emergency and other situations, to provide a fair and impartial means of allowing responsible private operators to provide such services in the public interest and to provide a means for the designation of emergency response areas. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-2 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Advanced life support service and basic life support service. The same as defined in the California Health and Safety Code.
Ambulance. A motor vehicle, helicopter or similar vehicle specifically constructed, modified, equipped or arranged and operated for the purpose of transporting patients requiring immediate or ongoing medical services, excluding the transportation of such persons to or from locations not providing services as defined in this chapter.
Ambulance service. The activity, business or service, for hire, profit or otherwise, of transporting one or more persons by ambulance; provided, however, ambulance service shall not include the transportation by ambulance by an employer of his own employees in an ambulance owned and operated by the employer solely for this purpose.
Ambulance service operator. Any person who operates or owns an ambulance service.
Attendant. A trained, qualified individual who, regardless of whether he also serves as driver, is responsible for the care of patients.
City. The City of Laguna Niguel, California.
County. The County of Orange, State of California.
Department. The emergency medical services agency of the county or the health care agency of the county, or as otherwise designated by the county board of supervisors.
Dispatcher. An individual employed by an ambulance service operator responsible for sending an ambulance to provide ambulance service to a patient.
Driver. An attendant who drives or pilots an ambulance.
Emergency. A sudden, unforeseen event giving rise to a need for ambulance service with basic or advanced life support services and is a condition in which an individual has a need for immediate medical attention, or where the potential for such need is perceived by emergency medical personnel or a public safety agency.
Emergency response area. A geographical location specified by the fire chief within which emergency service may be provided under a license.
Emergency service. Ambulance service performed in response to an emergency.
Exclusive operating area (EOA). The same as defined in the Health and Safety Code § 1797.85, and which is established pursuant to the Health and Safety Code § 1797.224.
Fire chief. The Fire Chief of the Orange County Fire Authority.
Health officer. The county health officer or other official designated by the county board of supervisors of the county to perform the health officer's functions under this chapter.
Licensee. An ambulance service operator which has been granted a license under this chapter to provide ambulance service.
Medical services. Services provided by health care professionals licensed pursuant to the California Business and Professions Code or as specified by regulations adopted pursuant to this chapter.
Paramedic. The same as defined in the California Health and Safety Code.
Patient. A wounded, injured, sick, invalid or otherwise incapacitated person.
Person. Any individual, firm, corporation, partnership, association, or other group or combination acting as a unit.
Physician. A medical doctor or osteopath holding the appropriate license or certificate to practice as such with the state pursuant to the California Business and Professions Code.
Public safety agency. Any public law enforcement agency, fire protection agency or forest ranger operating in the county.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90; Ord. 96-92, § 11, passed 8-20-96; Ord. 2004- 135, § 2, passed 6-1-04)
§ 6-9-3 License required; exceptions.
(A) It shall be unlawful for any person to be an ambulance service operator, or to act in such a capacity either directly or indirectly within the city, without possession of a license issued pursuant to this chapter. A license may specify the specific geographical area within the city in which it is valid; provided, however, with respect to EOAs, reference to the EOA by a specific number or similar identification shall be sufficient description of geographic limitation. A license shall be valid for not more than one calendar year or until the expiration of the calendar year in which it was issued, whichever is shorter. (B) The provisions of this chapter shall not apply to:
(1) Ambulances operated at the request of a public safe ty agency during any state of war emergency, state of emergency or local emergency, as defined in the California Government Code; (2) Ambulance service transporting a patient from a loca tion outside of the city, regardless of destination; and
(3) Ambulance service transporting a patient by a fixed-wing airplane. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90; Ord. 2004-135, § 3, passed 6-1-04) § 6-9-4 Transfer and term of license.
(A)(1) No license issued pursuant to this chapter may be transferred by operation of law or otherwise. (2) The following shall be considered transfers for purposes of this section:
(a) Any change in the business struct ure of a licensee, including but not limited to changes from or to:
1. A sole proprietorship;
2. A partnership, including any change in the partners; and
3. A corporation, including any change in the shareholders, whether by operation of law or otherwise.
(b) Bankruptcy, an assignment for th e benefit of creditors, or the appointment of a receiver; and (c) A sale or transfer of over 10% of the assets of a licensee. (B) A licensee may apply to the health officer for an am endment to the terms of the license, which request shall be processed in the same manner as an original application. Notwithstanding anything in this section to the contrary, licenses may be suspended, revoked or terminated prior to the expiration date, pursuant to the provisions of this chapter.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90)
§ 6-9-5 Application for license.
(A) Each application for a license under this subchapter shall be accompanied by an application fee, if any, set by the county board of supervisors, and be made upon forms prescribed by the health officer. (B) Each applicant shall submit the following:
(1) The names and addresses of the applicant and the owner of the ambulance and the business and any interest therein;
(2) The applicant's training and experience in the transportation and care of patients; (3) The names under which the applicant has engaged, do es or proposes to engage in ambulance service; (4) A description of each ambulance, including the make, model, year of manufacture, vehicle identification number and current state license number, the length of time the vehicle has been in use, and the color scheme, insignia, name, monogram and other distinguishing characteristics of the vehicle, a description of the company's program for maintenance of the vehicle, and a description of the vehicle's radio;
(5) Proof that the applicant has ob tained all licenses and permits required by state or local law or regulation for the type of ambulance service proposed, excluding only a license to provide the service for which application is made;
(6) The names and qualifications of ea ch attendant, driver or dispatcher employed, or to be employed, in providing ambulance service;
(7) Proof that the applicant possesses and maintains currently valid state highway patrol inspection reports for each vehicle listed in the application;
(8) A description of the company's training and orientation programs for attendants, drivers and dispatchers;
(9) Evidence of such financial re sponsibility and insurance coverage as may be required by the health officer pursuant to regulations adopted in accordance with this chapter; (10) Identification of the geographical area to be se rved by the applicant, if required by the department; (11) As to new applications or transfers as specified in § 6-9-4, a fingerprint receipt for each principal of the applicant, issued by the county sheriff-coroner, indicating that each principal of the applicant has undergone a complete criminal history check, followed by a report from the county sheriff-coroner showing no conviction of crimes which would be violations of the provisions of § 6-9-7(D)(2), (D)(3), (D)(4), (D)(5), (D)(6) or (D)(7);
(12) A list of all substations or of fices where equipment and personnel are or will be based, including hours of operation;
(13) A description of whether the service proposed by the applicant will include basic life support services or advanced life support service, and, if so:
(a) The number of basic life support service or advanc ed life support service units to be deployed on each shift;
(b) The emergency response area to receive basic life support service or advanced life support service; and
(c) The provisions, if any, for cont inuing education of attendants. (14) Such other information as the health officer may require in regulations adopted pursuant to this chapter.
(C) Renewal applications shall be submitted in the sa me form and require the same materials as original applications, except the requirement of § 6-9-5(B)(11). (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-6 Investigation of applicants for license.
Upon receipt of a completed application for a license under this subchapter and the required fee, if any, the health officer shall make or cause to be made such investigation as the health officer deems necessary to determine if:
(A) The applicant is a responsible an d proper person to conduct, operate or engage in the provision of ambulance services; and
(B) The applicant meets the requirem ents of this chapter and of other applicable laws, ordinances or regulations.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-7 Issuance or denial of license.
(A) The health officer shall issue a licen se under this subchapter to an applicant if the health officer, after completing any investigation required pursuant to this chapter, determines that all requirements of this chapter have been met and the license fee, if any, set by the county board of supervisors, has been paid. (B) In the event of denial, the ap plicant shall be informed in writing of the reasons therefor. (C) The licensee shall obtain and keep in force, during the term of a license, comprehensive automobile liability insurance and professional liability insurance issued by a company authorized to do business in the state, acceptable to the health officer, insuring the owner against loss by reason of injury or damage that may result to persons or property from negligent operation or defective construction of such ambulance, of from violation of this chapter or any other law of the state or the United States. The comprehensive automobile liability policy shall be in the sum of not less than $500,000.00 for combined single limit, bodily injury and property damage. The professional liability insurance shall be in the sum of not less than $1,000,000.00 per person and $1,000,000.00 annual aggregate. Workers' compensation insurance shall be carried covering all employees of the license holder. Before the health officer shall issue a license, copies of the policies, or certificates evidencing such policies, shall be filed with the health officer. All policies shall contain a provision requiring a 30-day notice to be given to the department prior to cancellation, modification or reduction in limits. The amount of comprehensive automobile insurance shall be subject to review and adjustment by the health officer pursuant to regulations adopted under this chapter. In the use of helicopters, the equivalent insurance requirements shall apply.
(D) Grounds for denial of a license application shall be:
(1) Failure to meet the requirements of any provisions of this chapter; (2) Violation by any principal of an app licant of California Penal Code § 290; (3) Habitual or excessive use of narcotics or dangerous drugs; (4) Conviction during the preceding seven years of any crime relating to the use, sale, possession or transportation of narcotics, addictives or dangerous drugs; (5) Habitual or excessive use of intoxicating beverages; (6) Conviction during the preceding se ven years of any crime punishable as a felony in the state; and (7) Conviction of any crime involving moral turpit ude, including fraud or intentional dishonesty for personal gain.
(E) In determining the effect of any cr iminal acts on the issuance or denial of a license, the health officer shall consider whether the criminal acts are related to the activities of an ambulance service and shall evaluate the rehabilitation of the persons involved. The health officer shall not consider crimes of which the applicant is, or was, accused but not convicted.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-8 Suspension or revocation of license.
(A) The health officer may suspend or revoke a license issued under this subchapter for failure by the licensee to comply and maintain compliance with, or for violation of, any applicable provisions, standards or requirements of state law or regulation, of this chapter, or of any regulations promulgated under this chapter. Suspension of a license is not a condition precedent to revocation of a license. (B) (1) Before suspension or revocati on, the health officer shall give written notice to the licensee. (2) The notice shall:
(a) Specify the reasons for which the action is to be taken; (b) Set a hearing for not more than 15 days and not less than seven days after the date of the notice; (c) Specify the date, time and place of the hearing; and (d) Be served on the licensee either by delivery to its principal place of business or to its designated agent for service of such notices, if any.
(C) If the licensee, subsequent to service of a suspension or revocation notice under this section, remedies some or all of the conditions to which the notice refers, the health officer may rescind a suspension or revocation at any time.
(D) At the hearing, the health officer has the burden of proof and may present evidence as to why such action should be taken and to answer the evidence presented by the licensee. (E) The health officer may reduce the period of time fo r hearing under a suspension or revocation notice to no less than 24 hours when the health officer makes written preliminary findings that such action is necessary to protect the public health, safety and welfare. When, as a result of such an emergency proceeding, a license is suspended or revoked, the licensee may request an additional hearing at which the licensee will have the burden of establishing renewed compliance justifying reinstatement of the license. Such additional hearing will be commenced within five days of the licensee's request. The request for and the scheduling of an additional hearing shall not stay operation of the suspension or revocation order.
(F) Hearings conducted pursuant to this section shall be conducted before a hearing officer designated by the department. At the conclusion of the hearing, the hearing officer shall expeditiously prepare a written summary of the evidence and proposed findings and conclusions for consideration by the health care agency director.
(G) The health care agency director sh all issue a written decision within 30 days after conclusion of the hearing. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-9 Appeals.
In the event of denial, suspension or revocation of a license under this subchapter, the applicant or licensee shall have the right to request a hearing before the county board of supervisors, which hearing shall be requested and conducted in the manner specified in§ 5-2-19 of the codified ordinances of the County of Orange. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90; Ord. 96-92, § 12, passed 8-20-96) § 6-9-10 Notification to health officer of change of ownership or interruption of service. (A) The licensee shall notify the health officer within 24 hours after any change in ownership or management of the licensee, or any interruption of service of more than 24 hours' duration, or any substantial change in staffing or equipment.
(B) For purposes of this section, the term substantial change shall be as defined by regulations adopted pursuant to this chapter.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-11 Personnel standards.
(A) A licensee shall only employ personnel performing tasks described in this chapter who comply with the requirements of this section.
(B) Attendants shall be at least 18 years of age and tr ained and competent in the proper use of all equipment and shall hold current EMT 1A certification in compliance with all state laws, rules and regulations.
Additionally, each attendant shall hold a license from the health officer indicating compliance with this section. Applications for such licenses shall be in a form required by the health officer and shall be accompanied by the fee, if any, established therefor. All applicants for licenses as an attendant shall be subject to the same criminal history review as required for principals of ambulance companies pursuant to this chapter no less than once every four years. Certificates may be denied, suspended or revoked in the same form and fashion as that specified for ambulance service licensees in this chapter. Licenses shall be valid for two years from the date of issuance or certification as an Emergency Medical Technician 1A, whichever is less. Renewal of a license shall be in the same fashion as issuance of a new license. (C) Each licensee shall have at le ast one dispatcher. Emergency ambulance service licensees shall have a dispatcher on a 24-hour-per-day basis and shall adequately train the dispatcher to radio operation and protocols and to the emergency response area served before the dispatcher begins dispatching emergency calls. For purposes of this section, adequate training of a dispatcher shall be that which meets state standards, if any, or county requirements.
(D) Ambulance drivers shall, in addition to the requi rements of this chapter for attendants, maintain an appropriate license issued by the California department of motor vehicles and, if applicable, the Federal Aviation Administration.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-12 Rates.
No licensee shall charge more than the maximum basic life support rates approved by the county board of supervisors. No licensee shall charge more than the maximum advanced life support rates approved by the county board of supervisors or the Orange County Fire Authority. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90; Ord. 2004-135, § 4, passed 6-1-04) § 6-9-13 Contracts for service.
(A)(1) The Orange County Fire Authority shall administer the competitive process on behalf of the local EMS agency, for the award of EOA contracts within the city. The Orange County Fire Authority shall select and shall enter into contracts with licensees for the provision of ambulance service in response to emergencies in each EOA, unless the city has provided written notification to the Orange County Fire Authority of its intention to retain licensee selection and contracting authority for itself. Such contracts shall provide for one primary contractor per EOA, with such other backup service by other emergency ambulance service providers as deemed necessary by the fire chief.
(2) In awarding these contracts, the Orange County Fire Authority, or city if it elects to retain licensee selection and contracting authority, shall consider the comparative value of competing proposals in the same fashion as would be the case were the county evaluating proposals from prospective service providers for other governmental activities, including consideration of:
(a) The quality of service to be provided;
(b) The level of service to be provided;
(c) The rates charged for services to be provided; and
(d) The cost, if any, to the awarding agency.
(B) The fire chief shall administer the contracts for ambulance service awarded by the Orange County Fire Authority, or by the city if applicable, under this section. The fire chief shall also prepare and keep current EOA lists specifying contract providers for each EOA. The fire chief shall include on the list for each EOA the provider which has entered into an ambulance service agreement with the Orange County Fire Authority, or city if applicable, as the primary contractor as well as the emergency ambulance service provider(s) who will provide backup emergency ambulance service for that area. (C) In the event no proposals acceptable to the Orange County Fire Authority, or to the city if it elects to retain licensee selection and contracting authority under the provisions of this section, are received for one or more EOAs, the Orange County Fire Authority, or the city if applicable, shall designate one or more licensees to provide emergency ambulance services for the EOA. From the date of such designation until a regular emergency ambulance service agreement is signed for the affected area(s), provision of emergency ambulance service shall be an express condition of the license, and unreasonable or unjustified refusal of such calls shall be a violation of this chapter.
(D)(1) No person shall provide ambulance service in response to, or as a result of, an emergency unless that person is a licensee specified in each instance by a physician or public safety agency. A licensee thus specified by a physician need not be a contractor selected pursuant to this section. Any ambulance service operator receiving a request for emergency ambulance service from other than a public safety agency shall immediately, by telephone, notify a public safety agency designated by regulation of the request. (2) No licensee responding to an emergency shall transport a patient, unless:
(a) A paramedic is present at the location of the patient; (b) A physician is present at the loca tion of the patient and directs transportation in the absence of a paramedic; or
(c) A safety qualified employee of the Orange County Fire Authority or an appropriate employee of a public safety agency designated by regulation directs transportation in the absence of a paramedic. (3) Unless otherwise directed by a physician present at the location of the patient, a licensee shall transport a patient pursuant to regulations adopted under § 6-9-14. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90; Ord. 2004-135, § 5, passed 6-1-04) § 6-9-14 Additional rules and regulations.
(A) As to all sections of this chapter except § 6-9-13, the health officer shall make such rules and regulations and as may be necessary to implement this chapter. Prior to adoption, proposed rules and regulations shall be submitted to the county emergency medical care committee for comment. (B) As to § 6-9-13, the fire chief shall make such rule s and regulations and as may be necessary to implement this chapter. Prior to adoption, the fire chief's rules and regulations shall be submitted to the county emergency medical care committee for comment.
(C) The health officer or the fire chief, or their designees , may inspect the records, facilities, transportation units, equipment and method of operation of each licensee whenever necessary and, in the case of the health officer, at least annually.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-15 Investigation of complaints.
The department or any user, subscriber, public safety agency or consumer who believes or has reason to believe that they or another party has been required to pay an excessive charge for services or has received inadequate services, or that services provided were not in compliance with the provisions of this chapter, may file a written complaint with the department setting forth such allegations. The department shall notify the ambulance service operator of such complaint. The ambulance service operator shall file a written response within 15 calendar days after receipt of notification.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90)
§ 6-9-16 Variances.
As to all but § 6-9-13, the health officer may grant variances from the terms of this chapter if he finds such action is necessary to protect the public health, safety or welfare. As to § 6-9-13, the fire chief may grant variances from the terms of this chapter if he finds such action is necessary to protect the public health, safety or welfare. As to the health officer, such variances may include the issuance of a temporary license. No variance shall exceed 180 days in duration.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-17 Violation of chapter.
Violation of any provision of this chapter by an ambulance service operator shall be a misdemeanor.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90)