Laguna Niguel City Council
May 5, 2026

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CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To:

FROM:

DATE:

SUBJECT:

Honorable Mayor and Council Members
Stacey Chavez, Deputy City Clerk
Marissa J. Asistin, City Clerk
Justin J. Martin, Assistant City Manager
May 5, 2026
Recodification of the Laguna Niguel Municipal Code - Title 11 Updates

RECOMMENDATION
Staff recommends that the City Council review and provide direction regarding the recodification of the Laguna Niguel Municipal Code - Title 11.

BACKGROUND
The Laguna Niguel Municipal Code ("Code") was originally adopted in 1989, coinciding with the City of Laguna Niguel's ("City") incorporation. Since that time, individual ordinances have been adopted and amended; however, a comprehensive recodification of the entire Code has not been completed in 35 years. As a result, portions of the Code have become outdated and inconsistent with current state law, City practices, and modern formatting standards.

Following a Request for Proposal, the City entered into an agreement with American Legal Publishing in late 2023 to update and recodify the Laguna Niguel Municipal Code.

American Legal Publishing's legal department performed a comprehensive technical, legal, and editorial analysis of the existing Laguna Niguel Municipal Code. The analysis included a statutory and case law comparison to identify conflicts, inconsistencies, preemptions, and other potential problems, as well as a review for internal discrepancies such as duplications, ambiguities, and obsolete terminology. Staff also worked with the City Attorney's Office to identify additional revisions, refine proposed language, and ensure that all updates accurately reflect current City practices, organizational structure, and applicable state law.

The recodification of the Laguna Niguel Municipal Code fulfills Goal 5 Strategy 8:

Comprehensive Municipal Code Update, of the City's adopted Strategic Plan.

ANALYSIS
The Laguna Niguel Municipal Code has undergone a comprehensive review by all City departments, the City Attorney's Office and American Legal Publishing, resulting in the restructuring and revision of various provisions throughout the Code's titles.

While subject specific changes have been made in each Code title, non-substantive changes have been made throughout the entire Code.

Non-Substantive changes made throughout the entire Code include: updating city official titles; making grammatical corrections; updating organization and numbering; including gender-neutral language; standardizing cross-references and editor's notes; and, adding legislative history notes.

Updates to individual Code Title 11 were also made as follows:

TITLE 11: PUBLIC MORALS, SAFETY AND WELFARE
Revised Section 11-2-30 Updated to clarify and expand the definitions of "firearm" and "replica firearm" by referencing
applicable California Penal Code definitions and
explicitly including devices such as air rifles, pellet guns, and BB guns, as well as imitation firearms that
could reasonably be perceived as real weapons.

Revised Section 11-3-97 Updates replace outdated locally prescribed firebreak and vegetation clearance requirements
with a broader, more current provision that applies to
all properties in designated Fire Hazard Severity
Zones, and incorporate by reference relevant state
defensible space laws, while clarifying enforcement
authority and violations.

Removed Section 11-4-2 Removed because the provision was redundant of state law and other sections of the Municipal Code,
and removing it helps streamline the code while
avoiding potential inconsistencies with current
regulations.

Removed Subchapter 2,
Picketing; Obstructing
Passage; Indecent Language
and Gestures
(Sections 11-4-13 through
11-4-17)
Removed because the provisions regulating
picketing, obstructing passage, and indecent
language or gestures were outdated, potentially
inconsistent with current First Amendment
protections, and largely addressed by state law,
making the local provisions unnecessary.

Revised Section 11-5-15 Updates ensure consistency with current state gambling laws while modernizing outdated
language.

Removed Section 11-5-18 Removed to avoid potential inconsistencies with the Municipal Code, as Bingo Games are addressed
elsewhere in this Title.

Revised Section 11-6-2 Updated to clarify curfew restrictions for minors for consistency with current legal standards.

Page3
Removed Section 11-6-5 Removed because the provisions related to supervision of young minors were outdated and
removing the section helps avoid conflicts with
current legal standards.

Removed Section 11-7-15 Removed because regulations related to soliciting tort claims are governed by state law and attorney
professional conduct rules, making the local
provision unnecessary and potentially duplicative.

Revised Sections 11-7-27 and
11-7-28
Updates clarify the prohibition on making false
reports to law enforcement, and language from
former Section 11-7-28 was incorporated into this
section to consolidate related provisions into a single section and eliminate redundancy within the
Municipal Code.

Revised Section 11-8-13 Updates clarify language governing the use of public playground equipment, ensuring consistency with
current safety standards and improving clarity of the
prohibited individuals.

Removed Section 11-9-12 Removed because the transportation and handling of hazardous chemicals, including hydrocyanic acid,
are comprehensively regulated under federal and
state hazardous materials laws, making the local
provision unnecessary and potentially duplicative.

Removed Various Sections
within Chapter 10,
Subchapter 1. Solicitation
Generally
Removed because the provisions were outdated,
duplicative of state law, or no longer necessary for
local regulation. Removing these sections helps
streamline the Municipal Code, eliminate
redundancy, and ensure consistency with current
state and federal regulations.
{Sections 11-10-1 through 11-10-3, 11-10-5, 11-10-
11 through 11-10-15, and 11-10-21 through 11-10-
23}
Addition of New Section
11-10-1
Added to prohibit solicitation directed at individuals
who have clearly indicated they do not wish to be
approached, establishing a clear standard to protect
residents from unwanted solicitations while aligning
the Municipal Code with current enforcement
practices.

Revised Section 11-10-30 Updates clarify provisions governing permitted games and the conduct of such games, ensuring
consistency with applicable state gambling laws
while aligning the Municipal Code with current City
practices.

Added Section 11-10-31 Added to establish clear procedures for obtaining a bingo license, ensuring the City's regulations are

consistent with state law governing charitable bingo
operations while providing an organized local
permitting and administrative framework.

Revised Chapter 12,
Nudity in Parks or Within
Public View
References to "beaches" were removed throughout
the chapter, as the City does not contain any
beaches.

Removed Chapter 13, Item
Price Marking on Packaged
Consumer Commodities
Removed as it is outdated and inapplicable, and to
avoid confusion because local item pricing
regulations are preempted by state law.

Revised Section 11-14-2 Updates clarify definitions used in the chapter, ensuring consistency with current terminology and
aligning the provisions with applicable state law.

Revised Section 11-14-102 Updates clarify the City's authority and procedures for the abatement of public nuisances, while
updating language to ensure consistency with the
City's existing administrative enforcement practices.

Revised Section 11-14-103 Updates clarify that responsible persons maintain an ongoing obligation to correct and prevent the
recurrence of a public nuisance, while updating the
language for clarity and consistency with the City's
nuisance abatement and enforcement procedures.

Revised Section 11-14-104 Updates clarify the process and authority for determining when a condition constitutes a public
nuisance, while updating the language to ensure
consistency with the City's administrative
enforcement and nuisance abatement procedures.

Revised Section 11-14-110 Updates re-designate authority from the City Council to hearing officer.

Revised Various Sections
within Chapter 14,
Subchapter 3. Enforcement
and Abatement
Updates clarify and modernize the City's nuisance
enforcement and abatement procedures, including
updates to administrative authority, notice
requirements, and cost recovery provisions, to
ensure consistency with the City's current
enforcement practices and applicable law.
{Sections 11-14-102 through 11-14-107, 11-14-111
through 11-14-118, 11-14-120, and 11-14-123
through 11-14-125}
Addition of Chapter 16,
Abandoned Personal
Property and Encampments
Added to establish procedures for addressing
abandoned personal property and encampments in
public areas, providing clear authority and processes
for removal, notice, storage, and disposition of
property in compliance with applicable state and
federal legal requirements.

Substitution of References to References to the Uniform Building Code have been the Uniform Building Code substituted to the "adopted 2025 California Building Code and Related Code" as the UBC is obsolete.
{Section 11-14-11}
Revised Citations Citations have been revised to reflect the correct reference to the California Health and Safety Code.
{Section 11-14-11}
Added Complete Citations Complete statutory citations have been added to multiple sections to improve clarity and accuracy,
including references to the California Code of
Regulations, California Fire Code.
{Sections 11-3-1 through 11-3-33}
Updates to Title 11 of the Laguna Niguel Municipal Code (Attachment A) are intended to maintain clarity, consistency, and alignment with current law and City practices. These updates demonstrate the City's ongoing commitment to maintaining an efficient, transparent, and accessible municipal code.

FISCAL REVIEW
There is no fiscal impact as a result of this report.

LEGAL REVIEW
No legal review is required for this report. Staff has worked closely with the City Attorney's Office on the Municipal Code update and recodification project.

CONCLUSION
Staff recommends that the City Council review and provide direction recodification of the Laguna Niguel Municipal Code - Title 11. ~ ;X~ Tamara S. Letourneau
City Manager
regarding the
ft-~ tin~- rtin s: ant City Manager
Stacey Chavez
Deputy City Clerk
Scott C. Smith
City Attorney
Attachment:

A Title 11 Updates: Public Morals, Safety and Welfare

ATTACHMENT A Title 11 Updates: Public Morals, Safety and Welfare

TITLE 11

PUBLIC MORALS, SAFETY AND WELFARE
Chapter 1. General Provisions (Reserved)
Chapter 2. Firearms and Dangerous Weapons
Chapter 3. Fire Protection and Explosives
Chapter 4. Disorderly Conduct, Places and Publications
Chapter 5. Gambling
Chapter 6. Minors
Chapter 7. Police Regulations and Public Protection
Chapter 8. Property Protection
Chapter 9. Public Safety
Chapter 10. Charitable or Philanthropic Solicitation
Chapter 11. Unlawful Exposure of Private Parts and Female Breasts Chapter 12. Nudity on Public Beaches, in Parks or Within Public View
Cha13ter 13. lteR9 Price Marki Ag OR Pacl.agea CoRsuR9er CoR9R9oaities Reserved
Chapter 14. Nuisances
Chapter 15. Emergency Preparedness
Char;,1ter 16. Abandoned Personal Pror;2ert:t and Encamr;2ments Chapter 2 FIREARMS AND DANGEROUS WEAPONS
Subchapter 1. Firearms Generally,§§ 11-2-1- 11-2-29
Subchapter 2. Threats with Replica Firearms, §§ 11-2-30, 11-2-31 SUBCHAPTER 1. FIREARMS GENERALLY
§ 11-2-1 Discharge of firearms prohibited; exceptions.
(A) It shall be unlawful for any person, other than a peace officer acting in their official line of duty, to shoot, fire or discharge, or for any person to cause or permit to be shot, fired or discharged, in the territory lying within the boundaries of the city, any rifle, shotgun, pistol, revolver or firearm, except when it may be necessary so to do to protect life or property, or to destroy or kill any predatory or dangerous animal. (B) For purposes of this section, the term "firearm" shall also include any instrument which expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, CO2 pressure or spring action, or any spot marker gun.
(Ord. 90-11, § 3, passed 3-6-90; Ord. 92-56, § 2, passed 7-21-92) §§ 11-2-2- 11-2-21 Reserved.

§ 11-2-22 Firing ranges.

The provisions of this subchapter shall not be deemed or construed to prohibit, within the territory lying within the boundaries of the city, the establishment or maintenance of any pistol, rifle or target range, or to prohibit the discharge at any target thereon, by any person using such range, of any rifle, shotgun, pistol, revolver or firearm in or on such range, if such range is so installed, constructed, safeguarded, equipped and used as to adequately prevent any bullet, shot or missile from being projected beyond the confines of such range. (Ord. 90-11, § 3, passed 3-6-90; Ord. 92-56, § 13, passed 7-21-92) § 11-2-23 Firing over public highway.

It shall be unlawful for any person, other than a peace officer acting in their official line of duty, to shoot, fire or discharge, or for any person to cause or permit to be shot, fired or discharged, upon, along or across any public highway, road, street or way in the city, any rifle, shotgun, pistol, revolver or firearm, except when it may be necessary so to do in the protection of life or property. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-2-24- 11-2-29 Reserved.

SUBCHAPTER 2. THREATS WITH REPLICA FIREARMS
§ 11-2-30 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Firearm. Has the same meaning as the meaning of that term unaer the state aangerous weapons control laws, ana shall incluae air rifles, pellet guns or BB guns defined in California Penal Code§ 16520.

Replica firearm. incluaes any ae11ice or oaject maae of plastic, wooa, metal or any other material which has the appearance of a pistol, revolver, shotgun, sawea off shotgun, rifle, machine gun, rocket launcher or any other firearm as that term is usea unaer the pro•,•isions of Penal Coae §§ 12001, 12001.S, 12020(a)(10) ana 12570 sufficient to leaa a reasonaale person to i3elie¥e that it is an actual operaale firearm. Includes, but is not limited to, any device or object of any other material which has the appearance of a firearm or imitation firearm, as defined in California Penal Code § 16700, sufficient to lead a reasonable person to believe that it is an actual operable firearm.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-2-31 Prohibited acts.

Every person who, except in the defense of themself, of property or of others, draws, exhibits or brandishes a replica firearm in a rude or threatening manner, and causes another to reasonably feel threatened thereby, is guilty of a misdemeanor.
(Ord. 90-11, § 3, passed 3-6-90)

Chapter 3 FIRE PROTECTION AND EXPLOSIVES
Subchapter 1. 2025 Edition of the California Fire Code,§§ 11-3-1- 11-3-84
Subchapter 2. Fire Regulations,§§ 11-3-85- 11-3-199
Subchapter 3. Fire Protection in State Responsibility Areas, §§ 11-3- 200- 11-3-299
Subchapter 4. Reserved, §§ 11-3-300- 11-3-499
Subchapter 5. Formation and Continued Existence of Fire Companies,§§ 11-3-500- 11-3-599
Subchapter 6. Alarm Systems and Businesses and False Alarms, §§ 11-3-600- 11-3-608
Subchapter 6.~J.. False Alarms and Payment of Costs,§§ 11-3-700- 11- 3-703
Subchapter 7. Very High Fire Hazard Severity Zone, § 11-3-800 SUBCHAPTER 1. 2025 EDITION OF THE CALIFORNIA FIRE CODE
§ 11-3-1 Adoption of the 202~?. Edition of the California Fire Code.

Except as hereinafter provided, the 2025 Edition of the California Fire Code, based on the 2024 Edition of the International Fire Code, being California Code of Regulations. Title 24, Part 9, as published by the International Code Council, is hereby adopted by reference by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion hazards, save and except such portions as are hereinafter added, deleted, modified or amended. One copy of all the above is now on file in the office of the City Clerk for public inspection. This code is adopted with the same force and effect as through set out herein in full. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-2 Chapter 1, Scope and Administration, amended.

Chapter 1 of the California Fire Code, "Scope and Administration", is adopted in only those sections and subsections adopted by the SFM, with the following amendments:
(A) Section 113.4 'Violation penalties' is hereby revised as follows:
113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (B) Section 113.4.2 'Infraction and misdemeanor' is hereby added as follows:
113.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or

life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-3 Chapter 2, Definitions, amended.

Chapter 2 of the California Fire Code, "Definitions", is adopted in its entirety as amended by the State Fire Marshal ("SFM") with the following amendments:

Sections 202 "General Definitions" is hereby revised by adding "OCFA," and "Spark Arrester" as follows:

OCFA. Orange County Fire Authority, the fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-4 Chapter 3, General Requirements, amended.

Chapter 3 of the California Fire Code, General Requirements, is adopted in its entirety, with the exception of §§ 308.1.4, 311.5, 318 and with the following amendments:

Section 304.1.3 'Vegetation' is hereby revised as follows:
304.1.3 Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises.

Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 "Vegetation Management Guideline: Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.

Section 305.6 'Hazardous conditions' is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared.

2. When an official sign was caused to be posted by the Fire Code Official, or a public announcement is made.

No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the Fire Code Official.

Section 305.7 'Disposal of rubbish' is hereby added as follows:
305. 7 Disposal of rubbish. Rubbish, trash, or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

Section 307, "Open burning, recreational fires and portable outdoor fireplaces", is hereby revised as follows:

Section 307 Open burning, recreational fires, fire pits, fire rings, and portable outdoor fireplaces.

Section 307.6, "Outdoor fireplaces, fire pits, fire rings, and outdoor fireplaces", is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section 307. 6.1, "Gas-f ueled devices", is hereby added as follows:
307.6.1 Gas-f ueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2, "Devices using wood or f uels other than natural gas or liquef ied-petroleum gas", is hereby added as f ollows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3 feet from combustible construction at R-3 occupancies.

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies. 307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wild land-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 "Vegetation Management Guideline - Technical Design for New Construction Fuel Modification Plans and Maintenance Program." Section 324.1, "Fuel modification requirements for new construction", is hereby added as follows:
324.1 Fuel modification requirements for new construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 "Vegetation Management Guideline - Technical Design for New Construction Fuel Modification Plans and Maintenance Program."
Section 325.1 'Clearance of Brush or Vegetation Growth from Roadways' is hereby added as follows:
325.1 Clearance of Brush or Vegetation Growth from Roadways. The Fire Code Official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 326.1 'Unusual Circumstances' is hereby added as follows:
326.1 Unusual Circumstances. The Fire Code Official mav suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this Code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Section 327.1 'Use of Equipment' is hereby added as follows:
327.1 Use of Equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped, and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition
Section 327.2 Use of equipment and devices generating heat, sparks or open flames is hereby added as follows:
327.2 Use of equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30- foot clearing cannot be achieved, then an alternate method shall be approved by the authority having jurisdiction prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than 46 inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the Fire Code Official, or when such fires present a hazard as determined by the Fire Code Official.

4. Keep a cell phone nearby and call 911 immediately in case of fire.

Section 327.3 'Spark arresters' is hereby added as follows:
327.3 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-5 Chapter 4, Emergency Planning and Preparedness, amended.

Chapter 4 of the California Fire Code, Emergency Planning and Preparedness, is adopted in only those sections and subsections adopted by the SFM with the following amendment:

Section 407.5 'Hazardous Materials Inventory Statement' is hereby revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the Fire Code Official, each application for a permit shall follow OCFA's Guideline G-04 "Completion of the Chemical Classification" in accordance with Section 5001.5.2.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-6 Chapter 5, Fire Service Features, amended.

Chapter 5 of the California Fire Code, Fire Service Features, is adopted in its entirety as amended by the SFM with the following amendments:

Section 501.1 'Scope' is hereby revised as follows:

501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the Fire Code Official, with OCFA Guideline 8-01, "Fire Master Plan for Commercial & Residential Development."
Section 510.1 'Emergency responder radio coverage in new buildings' is hereby deleted and replaced as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff's Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this Code.

Exceptions:

1. In buildings or structures where it is determined by the Fire Code Official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion. b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the Fire Code Official shall have the authority to accept an automatically activated emergency radio coverage system.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-7 Chapter 6, Building Service and Systems.

Chapter 6 of the California Fire Code, "Building Services and Systems", is adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)

§ 11-3-8 Chapter 7, Fire and Smoke Protection Features.

Chapter 7 of the California Fire Code, "Fire and Smoke Protection Features", is adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-9 Chapter 8, Interior Finish, Decorative Materials and Furnishings.

Chapter 8 of the California Fire Code, "Interior Finish, Decorative Materials and Furnishings", is adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-10 Chapter 9, Fire Protection and Life Safety Systems, amended.

Chapter 9 of the California Fire Code, Fire Protection Systems is adopted in its entirety as amended by the SFM with the following amendments:

Section 903.2 'Where Required' is hereby revised as follows:
903.2 Where Required. Approved automatic fire sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New Buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic fire sprinkler system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square-feet (465 square-meters) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code, being California Code of Regulations, Title 24, Part 2, that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic fire sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5,000 square feet;
b. When an addition exceeds 2,000 square feet and the resulting building area exceeds 5,000 square feet;
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8 (2).

Section 903.2.8 'Group R' is hereby revised as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic fire sprinkler system shall be installed throughout all new buildings.

2. Existing Buildings: An automatic fire sprinkler system shall be installed throughout when one of the following conditions exists:

a. When the floor area of alterations within any two-year period exceeds 50% of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet; or:
b. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a fire sprinkler system would be similar as in a new building.

Section 903.3.5.3 'Hydraulically calculated systems' is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and when required by the Fire Code Official, the sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.

TABLE 903.3.5.3
Hydraulically Calculated Systems
Design%
75 80
85 (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-11 Chapter 10, Means of Egress.

Chapter 10 of the California Fire Code, "MEANS OF EGRESS", is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-12 Chapter 11, Construction Requirements for Existing Buildings.

Chapter 11 of the California Fire Code, "CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS", is hereby adopted in only those sections and subsections adopted by the SFM. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-13 Chapter 12, Energy Systems.

Chapter 12 of the California Fire Code, "ENERGY SYSTEMS", is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)

§ 11-3-14 Chapter 20, Aviation Facilities.

Chapter 20 of the California Fire Code, "AVIATION FACILITIES", is hereby adopted in its entirety. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-15 Chapter 21, Dry Cleaning.

Chapter 21 of the California Fire Code, "DRY CLEANING", is hereby adopted in its entirety as amended by the SFM. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-16 Chapter 22, Combustible Dust-Producing Operations.

Chapter 22 of the California Fire Code, "COMBUSTIBLE DUST-PRODUCING OPERATIONS", is hereby adopted in its entirety.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-17 Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages.

Chapter 23 of the California Fire Code, "MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES", is here by adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-18 Chapter 24, Flammable Finishes.

Chapter 24 of the California Fire Code, "FLAMMABLE FINISHES", is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-19 Chapter 25, Fruit and Crop Ripening, and Chapter 26, Fumigation and Insecticidal Fogging.

Chapter 25 of the California Fire Code, "FRUIT AND CROP RIPENING", and Chapter 26 of the California Fire Code, "FUMIGATION AND INSECTICIDAL FOGGING", are not adopted. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-20 Chapter 27, Semiconductor Fabrication Facilities.

Chapter 27 of the California Fire Code, "SEMICONDUCTOR FABRICATION FACILITIES", is hereby adopted in its entirety.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-21 Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities, amended.

Chapter 28 of the California Fire Code, Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is hereby adopted in its entirety with the following amendments:

Section 2801.2 'Permit' is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.5 and 105.5.31.

Section 2808.2 'Storage site' is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all­ weather surface. Sites shall be thoroughly cleaned and approval obtained from the Fire Code Official before transferring products to the site.

Section 2808.3 'Size of piles' is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The Fire Code Official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified, and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this Code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.

Section 2808.3.1 "Increase in pile or stack size", is hereby deleted in its entirety.

Section 2808.4 'Pile separation' is hereby revised as follows:
2808.4 Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet.

Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

Section 2808.7 'Pile fire protection' is hereby revised as follows:
2808. 7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

Section 2808.9 'Material-handling equipment' is hereby revised as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.

Section 2808.11 'Temperature control' is hereby added as follows:

2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

Section 2808.11.1 'Pile temperature control' is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.

Section 2808.11.2 'New material temperature control' is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.

Section 2808.12 'Water availability' is hereby added as follows:
2808.12 Water availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).

Section 2808.13 'Tipping area' is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

Section 2808.14 'Emergency Contact' is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in an emergency.

Section 2808.15 'Maximum Grid of Piles and Rows' is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows. Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum SO-foot clear space used for no other purpose.

Section 2808.16 'Push-out/Clear Area' is hereby added as follows:
2808.16 Push-out/ Clear Area. Piles exceeding 20 cubic yards shall be provided with push-out areas.

Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building. (Ord. 2025-238, § 2, passed 12-02-25)

§ 11-3-22 Chapter 29, Manufacture of Organic Coatings.

Chapter 29 of the California Fire Code, "Manufacture of Organic Coatings", and Chapter 30, "Industrial Ovens", are adopted in their entirety without amendments.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-23 Chapter 31, Tents, Temporary Special Event Structure and Other Membrane Structures, Chapter 32, High-Piled Combustible Storage, Chapter 33, Fire Safety During Construction and Demolition, and Chapter 34, Tire Rebuilding and Tire Storage.

Chapter 31 of the California Fire Code, 'Tents, Temporary Special Event Structures and Other Membrane Structures", Chapter 32 of the California Fire Code, "High-Piled Combustible Storage", Chapter 33 of the California Fire Code, "Fire Safety During Construction and Demolition", and Chapter 34 of the California Fire Code, "Tire Rebuilding and Tire Storage", are adopted in their entirety as amended by the SFM. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-24 Chapter 35, Welding and Other How Work, Chapter 36, Marinas, Chapter 37, Combustible Fibers, Chapter 39, Processing and Extraction Facilities, Chapter 40, Storage of Distilled Spirits and Wines, and Chapter 48, Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations.

Chapter 35 of the California Fire Code, "Welding and Other Hot Work", Chapter 36 of the California Fire Code, "Marinas", Chapter 37 of the California Fire Code, "Combustible Fibers", Chapter 39 of the California Fire Code, "Processing and Extraction Facilities", Chapter 40 of the California Fire Code, "Storage of Distilled Spirits and Wines", Chapter 48 of the California Fire Code, "Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations", are hereby adopted in their entirety without amendments.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-25 Chapter 50, Hazardous Materials- General Provisions, amended.

Chapter 50 of the California Fire Code, Hazardous Materials - General Provisions, is adopted in its entirety as amended by the SFM with the following amendments:

Section 5001.5.2 'Hazardous Materials Inventory Statement (HMIS)' is hereby revised as follows:
5001.5.2 Hazardous Materials Inventory Statement {HMIS}. Where required by the Fire Code Official, an application for a permit shall follow Orange County Fire Authority's Guideline G-04, "Completion of the Chemical Classification," which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.

Section 5003.1.1.1 'Extremely Hazardous Substances' is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in any residential zoned or residentially developed property. (Ord. 2025-238, § 2, passed 12-02-25)

§ 11-3-26 Chapter 51, Aerosols, and Chapter 53, Compressed Gases.

Chapter 51 of the California Fire Code, "Aerosols", and Chapter 53, "Compressed Gases", are hereby adopted in their entirety.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-27 Chapter 54, Corrosive Materials.

Chapter 54 of the California Fire Code, "Corrosive Materials", is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-28 Chapter 55, Cryogenic Fluids.

Chapter 55 of the California Fire Code, "Cryogenic Fluids", is hereby adopted in its entirety. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-29 Chapter 56, Explosives and Fireworks, amended.

Chapter 56 of the California Fire Code, Explosives and Fireworks, is adopted in its entirety as amended by the SFM, with the following amendments:

Section 5608.2 'Firing' is hereby added as follows:
5608.2 Firing. All firework displays, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3 'Application for Permit' is hereby added as follows:
5608.3 Application f or Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-30 Chapter 57, Flammable and Combustible Liquids.

Chapter 57 of the California Fire Code, "Flammable and Combustible Liquids", is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-31 Chapter 58, Flammable Gases and Flammable Cryogenic Fluids.

Chapter 58 of the California Fire Code, "Flammable Gases and Flammable Cryogenic Fluids" is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)

§ 11-3-32 Chapter 59, Flammable Solids, Chapter 60, Highly Toxic and Toxic Materials, Chapter 61, Liquefied Petroleum Gases, Chapter 62, Organic peroxides, Chapter 63, Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids, Chapter 64, Pyrophoric Materials, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, Chapter 66, Unstable (Reactive) Materials, and Chapter 67, Water-Reactive Solids and Liquids.

Chapter 59 of the California Fire Code, "Flammable Solids", Chapter 60 of the California Fire Code, "Highly Toxic and Toxic Materials", Chapter 61 of the California Fire Code, "Liquefied Petroleum Gases", Chapter 62 of the California Fire Code, "Organic Peroxides", Chapter 63 of the California Fire Code, "Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids", Chapter 64 of the California Fire Code, "Pyrophoric Materials", Chapter 65 of the California Fire Code, "Pyroxylin (Cellulose Nitrate) Plastics", Chapter 66 of the California Fire Code, "Unstable (Reactive) Materials", and Chapter 67 of the California Fire Code, "Water-Reactive Solids and Liquids", are hereby adopted in their entirety.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-33 Chapter 80, Referenced Standards, amended.

Chapter 80 of the California Fire Code, Referenced Standards, is hereby adopted in its entirety as amended by the SFM, with the following amendments:
(A) NFPA 13, 202S Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
(1) Section 9.2.1.7 is hereby revised as follows:

Section 9.2.1.7. Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the Fire Code Official.
(2) Section 9.4.3.1 is hereby revised as follows:

Section 9.4.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (spec buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.3.215.4.16.

2. Residential sprinklers in accordance with the requirements of Chapter 12.

3. Quick response CMSA sprinklers.

4. ESFR sprinklers.

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers.

6. Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems.
(3) Section 16.12.3.3 is hereby revised as follows:

Section 16.12.3.3. Fire department connections ("FDC") shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the Fire Code Official. The size of piping and the number of 2.5-inch inlets shall be approved by the Fire Code Official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500

gpm (including inside hose stream demand), or a standpipe system is included, four 2.5-inch inlets shall be provided. (1) Section 16.12.3.3 is hereby amended to read as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the Fire Code Official. The size of piping and the number of 2.5 inch inlets shall be approved by the Fire Code Official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2.5 inch inlets shall be provided.
(B) NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:
(1) Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service. (C) NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:
(1) Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.
(2) Section 6.2.9 is hereby revised as follows:

Section 6.2.9. All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:

1. A post indicator valve installed not less than 40 feet (12 meters) from the building. (a) For buildings less than 40 feet (12 meters) in height, a post indicator valve shall be permitted to be installed closer than 40 feet (12 meters) but at least as far from the building as the height of the wall facing the post indicator valve. (b) Post indicating valves shall be allowed to be closer than 40 feet (12 meters) to the building when a property line or other physical barriers make it impossible to have a post indicating valve 40 feet (12 meters) away.
(c) Post indicating valves shall be allowed to be closer than 40 feet (12 meters) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 feet (12 meters).
(d) Indicating control valves installed in a fire-rated room accessible from the exterior. (e) Indicating control valves in a fire-rated stair enclosure accessible from the exterior as permitted by AHJ.

(f) Any other valve type or location as permitted by AHJ.2. A wall post indicator valve on risers located within the building, either a nonrising stem gate valve with a wall post indicator or a listed butterfly valve with an indicating handle extending out through the building wall.

3. A backflow preventer with at least one indicating valve not less than 40 feet (12 meters) from the building.
(a) For buildings less than 40 feet (12 meters) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 feet (12 meters) but at least as far from the building as the height of the wall facing the backflow preventer. (b) Backflow preventer valves shall be allowed to be closer than 40 feet (12 meters) to the building when a property line or other physical barriers make it impossible to have a backflow preventer valve 40 feet (12 meters) away.
(c) Backflow preventer valves shall be allowed to be closer than 40 feet (12 meters) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 feet (12 meters).

4. Indicating control valves installed in a fire-rated room accessible from the exterior.

5. Indicating control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the AHJ.

6. Any other valve type or location as permitted by the AHJ. (3) Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings. (4) Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel. (5) Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel. (6) Section 10.4.3.2 is hereby added as follows:

10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with

10.4.3.2.1 through 10.4.3.2.4.
(E) Appendices Adopted and Deleted:
(1) Appendix A is not adopted.
(2) Appendix B is adopted in its entirety as amended by the SFM. (3) Appendix BB is adopted in its entirety.

(4) Appendix C is adopted in its entirety as amended by the SFM. (5) Appendix CC is not adopted.
(6) Appendix Dis not adopted.
(7) Appendix E is not adopted.
(8) Appendix Fis not adopted
(9) Appendix G is not adopted.
(10) Appendix H is adopted in its entirety.
(11) Appendix I is not adopted.
(12) Appendix J is not adopted.
(13) Appendix K is deleted is not adopted.
(14) Appendix Lis not adopted.
(15) Appendix Mis not adopted.
(16) Appendix N is not adopted.
(17) Appendix O is not adopted.
(Ord. 2025-238, § 2, passed 12-02-25)
§§ 11-3-34- 11-3-84 Reserved.

SUBCHAPTER 2. FIRE REGULATIONS
§ 11-3-85 Fire and blasting restrictions.
(A) It shall be unlawful in the city for any person to ignite or light a fire or use fire for clearing land, or to burn brush, stumps, logs, fallen timber, fallows, slash or grass or forest-covered land or any other flammable material, or to blast with dynamite, powder or other explosives or set off fireworks of any kind in any forest, fallows or brush-, grass- or grain-covered land, either on their own land or the property of another, unless such burning or blasting is done under a written permit from a federal or state officer or a fire warden duly authorized to issue such permits within the city. (B) No written permission shall be necessary to burn flammable material in small heaps or piles, where the fire is set on a public road or in dooryard premises, corrals, gardens or plowed fields, at a distance not less than 100 feet from any woodland, timber or brush-covered land or field containing dry grass or other flammable material. There shall be at least one adult person in actual attendance and in charge of such fire at all times during its burning.
(C) Nothing in this section shall prevent the use of fires in permanent homes for domestic purposes. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-86 Smoking restrictions.

It shall be unlawful for any person to smoke cigars, cigarettes, pipes or other tobacco products in any form on or in any area designated as a high fire hazard area by the city fire chief.

(Ord .. 90-11, § 3, passed 3-6-90)
§ 11-3-87 Burning flammable vegetation.

It shall be unlawful in the city for any person to set fire or cause or procure fire to be set to any forest, brush or other flammable vegetation growing on lands not their own, without permission of the owner or agent of such lands, or to set, ignite, use or maintain a campfire or other fire on the property of another or upon any public road, street or highway which contains a cover of forest, brush, grass or other flammable vegetation, between April 15 and December 31 of any year, without first obtaining written permission from the owner, or their agent, of such lands. Such written permission must be approved by a forest ranger or duly authorized fire warden before starting such fire, unless such person possesses a written campfire permit duly issued by or under authority of the United States Forestry Service for use in a territory under the jurisdiction of the United States Forestry Service and is fully complying with all rules and regulations of the United States Forestry Service; provided that no written permission shall be necessary to build or maintain campfires within the boundaries of an established campground or site which has been designated for such use by the fire warden or California forest ranger as provided in § 11-3-88. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-88 Campfires.

The fire warden or California forest ranger having charge and jurisdiction of fire control in the city is hereby authorized at their discretion to designate campgrounds or sites on private property by written request of the owner, or on public roads with the permission of the owner of adjoining or abutting lands, where campfires may be built and maintained, and the fire warden or ranger shall cause to be displayed proper signs or posters indicating the limits or places where campfires may be built and maintained; provided, however, that any person building or maintaining or using a campfire within the boundaries of such campground or site shall, before leaving such campfire, thoroughly extinguish the fire in such manner as to adequately prevent such fire from burning thereafter, and that while any person is using or maintaining such campfire there shall be at least one adult person in actual attendance and in charge of such fire at all times during its burning. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-89 Campsite defined.

For purposes of this subchapter, a campsite or campground is hereby declared to be a place which has been and is cleared from all underbrush, leaves, needles and other inflammable vegetation or other material, other than a building or structure, over a sufficient area to remove any danger of fire spreading from such campground or site.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-3-90- 11-3-94 Reserved.
§ 11-3-95 Closing of private property to smoking and public use.

The fire warden or California forest ranger having charge and jurisdiction of fire control in the city is hereby authorized, at his discretion, to close any private property or portion thereof to smoking, or to all public use, by written request of the owner of such private property, when such property contains a cover of forest, brush or other highly inflammable vegetation pertaining to range and watershed areas, and such fire warden or ranger closing such property or portion thereof shall cause to be displayed suitable signs or posters not less than three to

the mile along all exterior boundaries and at all roads and trails entering such property so closed to public use or smoking.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-96 Reserved.
§ 11-3-97 i::ire~reaks F@EtYiredDefensible Space and Vegetation Management.

In the city, e•very person owning, leasing or controlling or operating an•r apiary, ho1:Jse, caein, hotel or other 01:Jilding or str1:Jct1:Jre l:lpon or adjoining any mo1:Jntaino1:Js or forest or ernsh covered land covered with other inflammaele •vegetation, and every person owning, leasing or controlling any Sl:Jch land, shall at all times maintain l:lpon his land aro1:Jnd or adjacent to Sl:Jch apiarir, caein, how;e, hotel or other 01:Jilding or strnct1:Jre an effective fire protection or fireerealc S1:Jch fire protection or fireereal( shall ee made ey removing all inflammaele vegetation or growth that may eidst from the gro1:Jnd aro1:Jnd the apiary, caein, ho1:Jse, hotel or other 01:Jilding or str1:Jct1:Jre for a distance of not less than 30 feet, or to the property line of the property l:lpon which s1:Jch strnct1:Jre is erected, from the ei<terior walls or s1:Jrfaces thereof. This section shall not apply to trees, ei<cept •,vhere dead or where the foliage of the tree is •,vithin ten feet of a chimney, nor shall it apply to evergreen vegetation where growing and preserved for Elecorati•,e effect. each chimney l:lpon any caein, ho1:Jse, hotel, apiary, 01:JilEling or strnct1:Jre l:lpon any mo1:Jntaino1:Js or forest or er1:Jsh co•vered land shall ee eEJl:lippeEI with and the entire 01:Jtlet thereof shall ee covereEI ey an aEleei1:Jate metal sparl( arrester of a type anEI Elesign approves ey the fire warElen. (Ord. 90 11, § 3, passeEI 3 6 90)
(A) Applicabilitv. This section applies to all improved parcels within areas designated as Fire Hazard Severity Zones pursuant to§ 11-3-800 (Fire Hazard Severity Zone Map).
(B) Adoption bv Reference. All private individuals, organizations, partnerships, limited liability companies, or corporations owning, leasing, controlling, operating, or maintaining any building or structure within the City shall comply with the defensible space and vegetation management requirements set forth in:

1. California Public Resources Code§ 4291 as applicable; and

2. California Government Code§ 51182,
As each may be amended from time to time, which are hereby adopted by reference as if fully set forth herein.
(C) Enforcement. The Fire Official or their designee is authorized to enforce the provisions of this section. (D) Violations. Failure to comply with this section shall constitute a violation of this Code. § 11-3-98 Disposal of combustible material.

It shall be unlawful in the city for any person to place or maintain, or cause or permit to be placed or maintained, upon their own lands or lands of another, any rubbish, paper, shavings, products of petroleum or other combustible material which constitutes a fire menace, except at places designated by a duly authorized fire warden. Such combustible material shall be buried with earth or destroyed by fire by such person as provided in § 11-3-85.
(Ord. 90-11, § 3, passed 3-6-90)

§ 11-3-99 Disposal of fallen timber and plant and tree cuttings.

All fallen timber, slash, brush, grass, litter, limbwood or branches of trees resulting from road building or clearing up of subdivisions, mountain homesites,-e-te. and the like, within or upon any forest-, brush- or grass­ covered lands shall be destroyed by fire as provided under§ 11-3-85, or disposed of in some other satisfactory manner, so that it will not constitute a fire menace.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-100 Issuance of permits.

To carry out the purpose of this subchapter, the fire warden and their deputies and federal and state forest officers are hereby made peace officers empowered to issue permits in writing to light fires, to use fires, to blast or use explosives and to inspect and abate any condition that might constitute a fire menace or a menace to the public peace, health or safety. Such fire warden shall include in any permit such safeguarding restrictions and precautions as are reasonably necessary to prevent such fires or blasting from endangering life or property. No permit issued shall exonerate any person from civil or criminal liability in case injury results from such fire to persons or property. Any authorized fire warden or forest officer has the power to refuse, revoke or postpone permits when necessary for the protection of life or property. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-3-101- 11-3-199 Reserved.

SUBCHAPTER 3. FIRE PROTECTION IN STATE RESPONSIBILITY AREAS § 11-3-200 Assumption of responsibility by city.

Pursuant to Public Resources Code § 4129, the city hereby elects to assume responsibility for the prevention and suppression of all fires on all lands in the city, including lands within state responsibility areas, subject to the concurrence of the director of the California department of forestry, but not including lands owned or controlled by the federal government or any agency of the federal government. Such assumption of responsibility is contingent on the annual execution of a contract acceptable to the city, providing for the reimbursement of the city's costs of serving the state responsibility areas, as provided in California Public Resources Code § 4133. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-201- 11-3-299 Reserved.

SUBCHAPTER 4. RESERVED
§§ 11-3-300- 11-3-499 Reserved.

SUBCHAPTER 5. FORMATION AND CONTINUED EXISTENCE OF FIRE COMPANIES

§ 11-3-500 Determination of need.

The city hereby regulates the formation and continued existence of fire companies pursuant to California Health and Safety Code § 14825 et seq. The city council may authorize the formation or continued existence of fire companies within the city where it determines that a reasonable level of fire services does not already exist and where the provision of supplemental or competing fire services by any other entity would not result in the mismanagement of emergencies or in confusion to those seeking aid. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-3-501- 11-3-504 Reserved.
§ 11-3-505 Recordation.

No fire company may be formed or continue to exist by renewal pursuant to California Health and Safety Code § 14827, nor may the respective certificate be recorded pursuant to California Health and Safety Code§ 14825 et seq. until the determination required by this subchapter is made. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-3-506- 11-3-509 Reserved.
§ 11-3-510 Administration of subchapter; recommendations to city council.

The director of fire services is charged with administration of this subchapter as well as the authority to make recommendations to the city council as to any determination requested to be made under this subchapter. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-3-511- 11-3-599. Reserved.

SUBCHAPTER 6. ALARM SYSTEMS AND BUSINESSES AND FALSE ALARMS § 11-3-600 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Alarm. The giving, signaling or transmission to the fire department or its stations or companies, or to any officer or employee thereof, whether by telephone, spoken word or otherwise, of an indication or information to the effect that there is a fire or other emergency at or near the place indicated by the person, device or system giving, signalizing or transmitting such information.

Alarm business. The work, occupation or profession of any person who performs, authorizes, directs or causes the selling, leasing, maintaining, servicing, inspecting, repairing, altering, replacement, moving or installing of any alarm system, including any business that monitors alarms.

Alarm subscriber. Any person who purchases, leases, contracts for or otherwise obtains an alarm system or the servicing or maintenance of an alarm system.

Alarm system. Any manual, mechanical or electrically operated circuits, instruments or devices which, when activated, emit a sound or transmit an alarm, a message or a trouble signal for the protection of life and property from heat, smoke, fire, hazardous materials or medical emergency; provided, however, that this definition shall not include domestic smoke, fire or burglar alarm devices whose primary purpose is to awaken or alert persons on the premises and which emit a light or sound only within the protected premises.

Automatic communication device. Any electrical, electronic or mechanical device capable of being programmed to send a prerecorded message, when activated, over a telephone line or dedicated circuit to a central station.

Central station. An office to which remote and supervisory signaling circuits are connected, where personnel are in attendance at all times to supervise the circuits and investigate signals.

Direct alarm systems. Alarm systems electrically or otherwise connected directly to the emergency response agency from the protected premises.

False alarm. Alarm necessitating response by the fire department where an emergency situation does not exist. This shall include mechanical failure, accidental tripping, misoperation, malfunction, misuse or neglect of an alarm system.

Fire department. The county fire department. The term "fire department" includes and also means the emergency response agency.

Person. Any individual, occupant, business owner, partnership, corporation or other entity. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) § 11-3-601 Alarm system standards.

All alarm systems shall meet or exceed the standards established by the fire department, including National Fire Protection Association Codes 72A and 72C, and such other regulations as may be adopted by the county board of supervisors. All alarm systems, equipment, installations and repairs and all fire and other emergency drills shall comply with rules and regulations promulgated by the emergency response agency or the fire department regulating the times and conditions under which such installations, repairs, tests or drills may be made. All audible alarm systems shall, after activation, limit the generation of the audible sound to a maximum of 15 minutes when the system is protecting residential premises, and 30 minutes when an alarm is protecting any other premises. This limitation shall be incorporated into the equipment at the protected premises. The systems may include an automatic resetting device causing the alarm system to re-arm upon automatic shutoff. The director or designee of the fire department may exempt any alarm system or kind or type of alarm system from any or all of the requirements of this subchapter if in their opinion such system does not create a substantial danger of generating false alarms necessitating a response by an emergency response agency or the fire department. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) § 11-3-602 Central station permit.

All central stations, or any business which receives signals that an emergency exists at a protected premises and transmits that information to the emergency response agency or the fire department, shall be required to have a permit from the fire department, which shall be renewed annually. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91)

§ 11-3-603 Automatic communication devices.
(A) No alarm system automatic communication device shall be programmed to the 911 emergency line. (B) Direct alarm systems shall not be connected to an emergency response agency or the fire department except with permission of the emergency response agency or the fire department. (C) No person shall lease, maintain, install or use any alarm system which automatically direct dials the telephone number of the fire department.
(Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) § 11-3-604 Responsibilities of alarm businesses and alarm subscribers or users. (A) Each alarm business shall provide accurate and complete instructions to the alarm system user in the proper use and operation of the system which is provided to the user by that business or which is monitored by that business. Specific instructions shall be included on the avoidance of false alarms. (B) The alarm subscriber or user shall maintain the alarm system and equipment in proper working order at all times.
(C) When an alarm system has been activated for an alarm subscriber, the alarm business or central station shall arrange for a representative to have the ability to be present at the location of the alarm within one hour after being requested by the fire department. The user of an alarm system which is not connected to an alarm business or central station shall designate a person to be available to respond to the protected property within one hour after being requested by the fire department. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) § 11-3-605 Alarm businesses, central station and false alarm service charges.

In addition to such other fines or penalties established by law, a false alarm service fee is hereby imposed upon the residential occupants and commercial owner and operator of the premises wherein a false alarm was made and any central station owners and operators who initiated the fire department's response to such premises. The board of supervisors of the county is hereby authorized to provide by resolution the amount of each fee which shall be charged to those city residents who incur false alarm charges or penalties, and other miscellaneous charges relating to alarm systems and businesses for services provided by the fire department. Such fees are hereby imposed effective August 1, 1991, as may be amended by the county from time to time. The county is hereby authorized to administer and take collection and enforcement action as may be necessary on such fees, charges and penalties.
(Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) § 11-3-606 Intentional false alarms.

No person shall intentionally initiate a false alarm except for purposes of testing an alarm system, and then only if made in accordance with the rules and regulations of the fire department therefor and after having given the emergency response agency for the fire department prior notice thereof. Any person who violates this section shall be guilty of a misdemeanor and shall also be subject to such other penalties as prescribed by law. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91)

§ 11-3-607 Tampering with or damaging alarm systems.

It shall be unlawful for any person to tamper with, render inoperative or maliciously damage any alarm system maintained for the purpose of sounding or transmitting alarms, excepting alarm systems undergoing approved maintenance or repairs.
(Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) § 11-3-608 Violation of subchapter; enforcement.

Violations of this subchapter shall be an infraction unless otherwise noted in this subchapter. This subchapter may be enforced by the city and the fire department. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) SUBCHAPTER 6.a-J.. FALSE ALARMS AND PAYMENT OF COSTS
§ 11-3-700 False alarm fee.

In addition to any other fines or penalties established by law, the Orange County Sheriff's Department shall collect costs from any subscriber of or operator of an alarm system which signals three or more false alarms within a calendar year.
(Ord. 2018-191, § 1, passed 2-20-18)
§ 11-3-701 Sheriff's department to collect fee.

No person shall intentionally initiate a false alarm except for purposes of testing an alarm system and then only after having given the sheriff's department prior written notice thereof. Any person who violates this section shall be guilty of a misdemeanor and also shall be required to pay to the City costs in addition to any fines or penalties established by law. The sheriff's department is authorized to collect such costs on behalf of the City. (Ord. 2018-191, § 1, passed 2-20-18)
§ 11-3-702 Alarm system defined.

For purposes of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
alarm system. Any manual, mechanical or electrically operated circuits, instruments, and/or devices, which when activated, emit a sound or transmit alarms, a message, and/or trouble signals which necessitate, solicit, or requests response from the sheriff's department.
(Ord. 2018-191, § 1, passed 2-20-18)
§ 11-3-703 Costs defined.

For the purposes of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

costs. The costs incurred by the sheriff 's department in responding to the false alarms, which shall be established by the city council by adoption of a resolution. (Ord. 2018-191, § 1, passed 2-20-18)
SUBCHAPTER 7. FIRE HAZARD SEVERITY ZONE
§ 11-3-800 Fire hazard severity zone map. _
The city hereby designates the fire hazard severity zones as recommended by the California Department of Forestry and Fire Protection, Pursuant to California Government Code§ 51178, and as identified in Figure 11.1 below.
(Ord. No. 2025-235, § 4, 6-3-25)
Chapter 4 DISORDERLY CONDUCT, PLACES AND PUBLICATIONS
Subchapter 1. Intoxication,§§ 11-4-1- 11-4-12
Subchapter 2. Picketing; Obstructing Passage; Indecent Language and Gestures,§§ 11-4-13- 11-4-20
Subchapter 3. Prohibition on Consumption of Alcoholic Beverages in Public,§§ 11-4-21- 11-4-25
Subchapter 4. Prohibition on Urination and Human Waste in Public, § 11-4-26
SUBCHAPTER 1. INTOXICATION
§ 11-4-1 Intoxication in public place.

It shall be unlawful for any person to appear at any public place or at any place open to public view or on any street, alley, highway, court, park, railway depot, plaza or public square in a state of drunkenness or intoxication within the city.
(Ord. 90-11, § 3, passed 3-6-90)
5e£. 11 4 2. IRt9Hi£atieR 9R pri¥ate premises.

It sl:iall be unlawful fer any persen te be en any priYate premises er in any priYate l:ieuse in a state ef elrunlrnnness er intm<icatien te tl:ie anneyance ef etl:ier persens. (Orel. Ne. 90 11, § 3, 3 6 90)
§§ 11-4-i i - 11-4-12 Reserved.

C-iA'T l:ANGI.JAGi AA'{;) oP£TPUCTING AA" AG-e; IN{;)i . CK-iTIA'G· t,0-,i:,.,..,,.-=- SUBCHAPTER 2. Pl ¾ , Gi STI.JRf:SRESERVED
f naraelo or proeossioR, Rt h" FR@aRs o r-
rforoReo with OFRplo1yFRo , . ,, araele er precessien ef twe See. 11 4 li , I Rte ' er te aiel in forming er te riele in an,:.1: 0 aleng any street er rson te ,erm · f rrneel er mev " f frem b l,. e, , iawl,lie, aay ., " as altsaas. e,EaEoaa a, ~ . ;,,;,_;,a,iaa a, ,ea,, It , .. a a ,,,aielos a,'""' lsiao '""" '""• I el a,a., ,ai,los a, ek e,• .. e, 0,, '""' " 9' '"'""' "", I ·,g ,a,, e, e<ao, .,aee er mere m ese ef inelucing any pers , r 13 tan" farm, ranc i:ligi:lwa·; for ti:le purp . ie"ment, upen er a eu 1 entering into or carrying en i:l1s emp '
empleyment.
(Orel. Ne. 90 11, § 3, 3 6 90)
. ... II or highway. · ···alk or
' "' • 11 4 14, g~••••••i•g 51do .. a • . . ••' '"' •''"' "'""'• algSway, allo;; ~:~;~'' '"' , on to loiter, stanel or sit in or u e ti:lerein er ti:lereen of perso_ " manner '"'" 'law<,' '"" '' """ , . '"' 9, 0, , , ., ,. <a" ''"" "" " ~. 11 ,eaasswall,, e,s e as<e " '"' · cJR" manner in , lie" s1eleu a < 0 cross•,yalk so as te in Y along ti:le street, i:ligi:lwa•r, a \ 1 ,, siele···alk or crosswalk. t'ng to pass A. h'"'cl'' a e n passing or att emp I • along ti:le street, 1g u r, ,, or molest persons passing anno·; § 3 ~ 6 90) (Orel. No. 90 ll , ,
. • reaci:l ti:lerete, .,,.i:lere an·; Soc, 11 4 15, P1Ekot1Ag, . I <<so"'"'"''"' el aaa<ao,, a, aay ••: ,,. ple•·ee a,"' " "' 8 set or pie rn A t '"'Acre sue r I ., cnt
It is ,alawl,I le,"'""""',•~ ""A, "" "' place"" ""'"" ' •-~'":.7 ... eo •• """"' '" '''" "'"• ";'" , .,,,., ,, ,,..,.,,, ·: ',"'~ :.~:,:;:~,.; "" ""'""'" """'";'~,~:::,: ... "';, ,. '"" "' ''""'"''""' ., . seeking empleyment o ge ·on intimielation, ti:lreats, acts o • I ·on coerc1 , t 13y means ef cempu s1 , i" ntering into employmen . refrain frem seeking or free Ye 1 § 3 2 6 90) (Orel. Ne 90 1 , ,
. a O aREI gestures.

RO or throatoR1Rg laRgu g aton· inelecent or
Sec, 11 4 11i, 9 ~5'@ »<<aiaESo Sea.lag el aaa<ae, aay ' "'::,,, ;;:;,, '"" ' " P"'P"'" el to utter to or "
1 el onstrat1ons O r it 1:l1s
1,; , ,alawl, """ '' ""''"' " 9 " " " ' " ' " "' ' •• Ea ,.a,., _,,. aES a.as al ,iale, ee •• "'" •. •~ '" •• ,., ,,. ,, '"'" "' ., '" •" •~ . , '. , ,,,. , '"""'""· '" ''""" '","· "': , ~ .. . '"'" '' ... .. pa""""""· o 13 , FF1cans o com , . . to cmp oyme , . elucing an·· person, 'r I . g or freelv entering in IA r • f m see <IA ' I •·ment or to refra1n ro . w'ti:l an" eti:ler person. emp or , . A transacting 13us1ness .. 1 ' negotiating wit or 1 § 3 3 6 90) (Orel. No. 90 1 , ,
f uhlie assoFRhlago.
11 4 17. OhstruetiRg ORtraReo to plaeo o p . . t ti:le entrance ef an·; ci:lurci:l, i:lall, ti:leater See. . to stanel er sit 1n or a te le1ter er e It si:lall 13e unlawful for any pe~sen q ~~anner to ol3struct suci:l entranc . er place ef pul31ic asseml31age so as in an' § 3 3 6 90) (Orel. ~lo. 90 11, ,

SUBCHAPTER 3. PROHIBIT/ON ON CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC
§ 11-4-21 Prohibition on consumption of alcoholic beverages in public. (A) No person shall drink any alcoholic beverage, intoxicating liquor or any fermented malt beverage, unless specifically permitt ed by the prior writt en approval of the city, at any of the following places. (1) On any street, roadway, boulevard, alley, public parking lot or area, sidewalk, public right-of-way, public park or public property in the city;
(2) Under any bridge, or on any vacant, unimproved, or undeveloped land in the city; (3) In the public parking lot or area, loading, and access areas of any commercial area or shopping center in the city;
(4) On any grounds owned by or under the control of a public school district within the city, or within a distance of 300 feet from any exterior boundary of such grounds, except on private residential property or within a properly licensed commercial establishment; and (5) Within any public park, public place, regional park, recreation facility, or recreational area or facility owned and/or operated by the city, County, or any other public agency. This division (A)(5) shall not apply where the possession is within premises located in a park or other public place for which a license has been issued pursuant to Business and California Professions Code§ 23000 et seq. (B) A public parking lot or area shall include any municipal parking lot, any publicly owned parking lot, or any private parking lot that is open to the general public. (C) Any person violating or failing to comply with this section shall be guilty of a misdemeanor and be subject to punishment as set forth in this Code.
(Ord. 2009-153, § 1, passed 4-7-09)
§§ 11-4-22- 11-4-25 Reserved.

SUBCHAPTER 4. PROHIBIT/ON ON URINATION AND HUMAN WASTE IN PUBLIC § 11-4-26 Prohibition on urination and human waste in public. (A) It is unlawful for any person to urinate or defecate on private property in any area exposed to the public view, or on any public street, sidewalk, alley, park, or other public place, except in a public or private restroom.
(B) Any person violating or failing to comply with this section is guilty of a misdemeanor and be subject to punishment as set forth in this Code.
(Ord. 2009-153, § 2, passed 4-7-09)
Chapter 5 GAMBLING
I Subchapter 1. I Cards, Dice and Similar Games,§§ 11-5-1- 11-5-14

I Subchapter 2. I Games of Chance,§§ 11-5-15- 11-5-17
SUBCHAPTER 1. CARDS1 DICE AND SIMILAR GAMES
§ 11-5-1 Prohibited games.
(A) Every person who, for profit or for anything of value or for commercial purposes of any nature, keeps, operates, conducts or maintains, either directly or indirectly, in the city, any house, room, apartment, dwelling place or other place where any game, gambling or gaming not mentioned or included in California Penal Code§ 330 or 330a is played, conducted, dealt or carried on, whether with cards, dice or any other device of whatsoever nature, for money, checks, credit, merchandise or other representative of value, shall be guilty of a misdemeanor.
(B) Every person, either as owner, lessor, lessee, principal, agent, employee or participant or otherwise, who maintains or keeps or operates or conducts, directly or indirectly, in whole or in part, or who directly or indirectly is in possession, in whole or in part, of any house, room, apartment, dwelling place or other place upon or in which any gambling, games or gaming prohibited in this section is played, conducted, dealt or carried on, and who imposes or collects a fee or anything of value for the privilege of participating in any way whatsoever in any such games, gambling or gaming, or who directly or indirectly gains or receives anything of value or any financial profit from playing, conducting or dealing of any such games, gambling or gaming, shall, for the purposes of this subchapter, be deemed to be keeping, conducting, operating and maintaining the games, gambling or gaming for profit or commercial purposes. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-5-2 Permitting illegal games.

Every person who knowingly permits any of the games, gambling or gaming which by§ 11-5-1 is made unlawful to be played, maintained, operated, conducted or dealt, in any house, room, apartment, dwelling place or other place owned or rented by such person in whole or in part, is guilty of a misdemeanor. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-5-3 Participation in illegal games.

Every person who visits, frequents, participates in or knowingly permits any games, gambling or gaming which by§ 11-5-1 is made unlawful to be played, operated, maintained, conducted or dealt, in any house, room, apartment, dwelling place or other place, shall be guilty of a misdemeanor. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-5-4 Betting on illegal games.

Every person who shall place or bet at or against any of the games, gambling or gaming which by§ 11-5-1 is made unlawful shall be guilty of a misdemeanor.
(Ord. 90-11, § 3, passed 3-6-90)
§§ il-5-5- 11-5-14 Reserved.

SUBCHAPTER 2. GAM ES OF CHANCE
§ 11-5-15 Prohibited games.
{6L lt shall be unlawful in the city for any person, either as owner, lessee, manager, employee, agent or servant, to conduct, manage, carry on, maintain, operate, open, deal or deal in, or to cause or permit to be conducted, managed, carried on, maintained, operated, opened, dealt or dealt in, any game, operation or transaction wherein any prize, gift, rebate, compensation, reward, award, payment or gratuity consisting of any money, check, token, credit, goods, wares, merchandise, property or thing of value is or is to be given, awarded or delivered, either directly or indirectly, and wherein chance is a determining factor or is any determining factor of the result of such game, operation or transaction, which game, operation or transaction is conducted, carried on, maintained, operated or played by the throwing, tossing, dropping, depositing or placing of any ball, marker, object, thing or substance into any perforation, hole or indentation, in or upon any surface, receptacle, container, object or thing having marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark of any kind, or by the selecting, designating, turning, indicating, choosing or projecting of any such figure, number, character, symbol, letter, design or mark by means of any device, apparatus or equipment, or by any means or in any manner or by the drawing, selecting, choosing or removing from any receptacle or container of any ball, disk, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark, with any such figure, number, character, symbol, letter, design or mark referred to in this section corresponding to, duplicating, referring to or relating to, in whole or in part, directly or indirectly, any figure, number, character, symbol, letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing held, used, operated or maintained by any player or participant therein or by any person where, by any predetermined or prearranged rule, or by any rule, method, scheme, design or procedure, any person is found, declared or determined to be, or is or is to be, the winner, donee, recipient or taker of such prize, gift, rebate, compensation, reward, award, payment or gratuity, if any such player or participant pays, deposits, expends, gives or pledges, either directly or indirectly, or agrees, promises or intends to pay, deposit, expend, give or pledge, either directly or indirectly, any money, check, credit, property or thing of value, or makes or agrees to make any purchase for the privilege of playing or participating therein or of gaining admission to the place or premises where such game, operation or transaction is or is to be played, conducted, carried on, maintained or operated, or to any other place or premises.
fAf(B) pro¥ided, however, that no provision of this article shall be deemed or constr1:Jed as prohibiting any act made 1:Jnlawfol by the provisions of Penal Code § :no, 320a or 330 or any other code section or general law of the state, it being the intent of the city co1:Jncil to prohibit by this article all games, operations or transactions described in this section not prohibited b•r the pro¥isions of any general la1A' of this state, incl1:Jding all games, operations or transactions for profit commonly known as keno, tango, movie tango, beano, skill ball, fort1:Jne, q1:Jintan, fascination or inspiration, and all games, operations or transactions similar thereto, 1:Jnder whatever name they may be designated. This subchapter shall not apply to any activity that is already prohibited under California Penal Code §§ 320 or 330 or any other provisions of state law. The intent of this subchapter is to regulate gambling-related activities not expressly prohibited by state law.
(Ord. 90-11, § 3, passed 3-6-90)

§ 11-5-16 Participation in illegal games.

It shall be unlawful in the city for any person to participate in, play, play in or engage in, either directly or indirectly, any game, operation or transaction prohibited by the provisions of § 11-5-15. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-5-17 Permitting illegal games.

It shall be unlawful for any person owning, leasing, managing, controlling or having any interest in any property or premises lying within the city to cause or permit the maintenance or operation in or on such property or premises, having knowledge of the existence of, or after reasonable notice of the existence thereof, any game, operation or transaction declared by the provisions of § 11-5-15 to be unlawful. (Ord. 90-11, § 3, passed 3-6-90)
ie,. 11 i; ii , Rines eaFRes.

Bingo gan,es are pern,itted in the city as set forth in and subject to the requiren,ents and conditions of sections S 1 29 anel 11 10 30, anel article 18 of title S, division 3. {Ord. No. 90 11, § 3, 3 €i 90)
Chapter 6 MINORS
I Subchapter 1. I Curfew Regulations,§§ 11-6-1- 11-6-7
SUBCHAPTER 1. CURFEW REGULATIONS
§ 11-6-1 Definitions for curfew provisions.

For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a diff erent meaning.

Curf ew. The period from 11:00 p.m. any evening of the week until 6:00 a.m. the following day.

Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Establishment. Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

Guardian.
(1) A person who, under court order, is the guardian of the person of a minor; or (2) A public or private agency with which a minor has been placed by court.

Minor. Any person under 18 years of age, who is not on active duty in the armed forces of the United States nor otherwise emancipated pursuant to the law.

Operator. Any individual, firm, association, partnership or corporation operating, managing, or conducting any establishment.

Parent. A person who is a natural parent, adoptive parent, or step-parent of another person.

Public place. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

Remain. To:
(1) Linger, stay or be present; or
(2) Fail to leave the premises when requested to do so by a peace officer, the owner, operator, or other person in control of the premises.

Responsible adult. A person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.

Serious bodily injury. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(Ord. 98-103, § 2, passed 10-6-98)
§ 11-6-2 Curfew restrictions.
(A) It is unlawful for any minor to remain in any public place or on the premises of any establishment within the city during the curfew hours.
(B) It is unlawful for any parent, guardian or responsible adult of a minor knowingly to permit or by insufficient control to allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(C) It is a defense to prosecution under§ 11-6-2(A) or (B) that the minor was:
(1) Accompanied by the minor's parent or guardian, or by a responsible adult; (2) On an errand at the direction of the minor's parent or guardian, or QIL_a responsible adult withol:Jt any detol:Jr or sto13;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor's residence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by a public entity, a civic organization, or another similar entity or organization that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a public entity, a civic organization, or another similar entity or organization that takes responsibility for the minor; or (8) Exercising First Amendment rights protected by the United States Constitution. (D) Each violation of this section shall constitute a separate offense. (Ord. 98-103, § 2, passed 10-6-98)

§ 11-6-3 Enforcement of§ 11-6-2 {A).
(A) Every law enforcement officer is hereby authorized and empowered to demand from any person whom they have reasonable cause to believe is a minor who is violating§ 11-6-2(A) and does not come within § 11-6- 2(() that such person give their name and address, and the name of their parent(s), guardian(s) or other responsible adult(s), if any, who has the care and custody of such person, and furnish proof of their age and that they come within the provisions§ 11-6-2(().
(B) If, after demanding the information described in division (A) above, the officer still has reasonable cause to believe the person is a minor who is violating§ 11-6-2(A) and does not come within§ 11-6-2((), the officer is hereby authorized and empowered to take any or more than one of the following actions:
(1) To issue a warning to such person and their parent(s) or guardian(s) about the consequences of violation of § 11-6-2;
(2) To take such person into custody and transport them to their residence or to another place where they will be supervised by a responsible adult;
(3) To communicate with the parent(s) or guardian(s) of such person and demand from any of them the information described indivision (A) above;
(4) To communicate with the parent(s) or guardian(s) of such person and demand of any of them that they take the person to the person's residence or to any place where the person will be supervised by a responsible adult;
(5) To issue to such person a notice to appear before the juvenile court, a juvenile court referee or a juvenile traffic hearing officer, as appropriate;
(6) To take such person into temporary custody in accordance with the California welfare and institutions code § 625, as limited by the California welfare and institutions code § 207; and (7) To take such other action as are permitted by the laws of the state and are deemed necessary by the officer to safeguard the well-being of such person.
(C) A law enforcement officer shall not take any of the enforcement actions described in division (B) above, unless the officer reasonably believes that the person with respect to whom the action(s) is taken is violating § 11-6-2(A), and, based upon any responses and other circumstances, has no defense under§ 11-6-2((). (Ord. 98-103, § 2, passed 10-6-98)
§ 11-6-4 Failure of parent or guardian to take minor to safe place during curfew hours.

It is unlawful for any parent or guardian to fail to take a minor to their residence or to a place where they will be supervised by a responsible adult, when so demanded by any law enforcement officer in accordance with § 11- 6-3(8)(4).
(Ord. 98-103, § 2, passed 10-6-98)
See. 11 e S, SYpen.iisien ef yeyng miners.

It st'lall 13e t:mlawh.il for a pareAt or gl.lareliaA to lea¥e a FAiAor l.lAeler tt'le age of follrteeA (14) years at tt'le FAiAor's resieleAee or at aAy ott'ler plaee witRollt tt'le sllperi.«isioA of a eoFApeteAt aAel respoAsil3Ie persoA 13etweeA tt'le Rol.lrs of 11:00 13.FA. a A el e:00 a.FA. of tt'le follov,'iAg elay. (Orel. No. 98 103, § 2, 10 e 98)

§ 11-6-6 Reserved.
§ 11-6-7 Penalty.

Any person violating the provisions of §§ 11-6-2 and 11-6-4 shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure. (Ord. 98-103, § 2, passed 10-6-98)
Chapter 7 POLICE REGULATIONS AND PUBLIC PROTECTION
Subchapter 1. General Provisions,§§ 11-7-1- 11-7-13
Subchapter 2. Tort Claims,§§ 11-7-14- 11-7-26
Subchapter 3. False Reports,§§ 11-7-27- 11-7-30
Subchapter 4. Multiple Responses to Loud or Disruptive, Parties, Gathering or Events,§§ 11-7-31- 11-7-36
SUBCHAPTER 1. GENERAL PROVISIONS
§§ 11-7-1- 11-7-13 Reserved.

SUBCHAPTER 2. TORT CLAIMS
§ 11-7-14 Person defined.

The term "person," as used in this subchapter, shall include any corporation, association, society, club, copartnership or individual.
(Ord. 90-11, § 3, passed 3-6-90)
5ee. 11 7 15, 5elieitiRg tert elaiR=i,
It shall lae unlawful for any person to solicit employment for himself or any other person, either elirectly or through some other person acting on his laehalf, to prosecute, collect, sett le or compromise or to negotiate for the settlement, compromise or collection of any tort claim, on laehalf of any tort claimant, in which he himself has no pecuniary interest arising from such tort.
(Orel. No. 90 11, § 3, 3 e 90)
§ 11-7-16 Negotiations between joint tort claimants.

The provisions of this subchapter shall not be construed to prevent joint tort claimants from negotiating with each other for the purpose of combining respective claims or actions against the tort feasor. (Ord. 90-11, § 3, passed 3-6-90)

§§ 11-7-17- 11-7-26 Reserved.

SUBCHAPTER 3. FALSE REPORTS
§ 11-7-27 False reports te peliee er Etistriet atterRe't' or statements.

16.Llt shall be unlawful for any person to willfully make to the chief of police or any police officer or to the district attorney or any of their deputies any false, misleading or unfounded report for the purpose of inducing or causing to be issued a complaint or indictment against any person. fA-HB) Whoever, in any manner, within the jurisdiction of any office or department or agency of the city, knowingly falsifies, conceals, withholds or suppresses, by any trick, scheme, verbal statement. writing or device, any fact. or makes any false, fictitious or fraudulent statement or representation, or makes or uses or causes to be made or used any false writing or document when they know the writing or document to contain any false, fictitious or fraudulent statement or entry, is guilty of a misdemeanor. (Ord. 90-11, § 3, passed 3-6-90)
See. 11 7 ~8. False reperts er stateFReRt5 geRerally.

Whoe1.«er, in an1y manner, within the jurisdiction of any office or department or agency of the city, knowingly falsifies, conceals, withholds or suppresses, ay any trick, scheme, veraal statement, writing or de11ice, any fact, or makes any false, fictitious or fraudulent statement or representation, or makes or uses or causes to ae made or used any false ,..,·riting or document when he knows the writing or document to contain any false, fictitious or fraudulent statement or entry, is guilty of a misdemeanor. (Ord. No. 90 11, § 3, 3 €i 90)
§§ 11-7-29, 11-7-30 Reserved.

SUBCHAPTER 4. MULTIPLE RESPONSES TO LOUD OR DISRUPTIVE, PARTIES,

GATHERING OR EVENTS
§ 11-7-31 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Loud, disruptive, raucous or unusual conduct or activity. conduct arising from parties, gatherings or other events, regardless of the nature of the event, that includes, but is not limited to, excessive noise, excessive traffic, obstruction of public streets and/or presence of unruly crowds, public intoxication or other disturbances of the peace, vandalism, litter, or any other atypical conduct which constitutes a threat to public health, safety or quiet enjoyment of residential property or the general welfare.

Parties, gatherings or events. A group of two or more persons who have assembled or are assembling for a social occasion or social activity, regardless of the nature of the activity, at a residence or on other private property or rented public property. Notwithstanding any other factor, actions and activities protected by the First Amendment of the United States Constitution shall not be subject to this subchapter.

Person responsible for the event or responsible person. Includes, but is not limited to:
(1) the person who owns, rents, leases or otherwise has control of the premises where the loud or disruptive party is gathering, or event occurs;
(2) the person in charge of the premises;
(3) the person who organized the event; and/or
(4) the person who supervised the event.

Police services fees. The actual costs incurred by the city based on, but not limited to, the salaries of police officers while responding to or remaining at the party, gathering or event, limited to the following mandatory sums:
(1) First response and warning - no charge (no police services fee shall be imposed unless the warning specified in this subchapter has first been issued). The responding law enforcement personnel is expected to use professional discretion as to the need to utilize this subchapter, whether alone or together with other grounds for enforcement, regardless of the nature of the offending event; (2) First response after warning has been issued - $250.00.; (3) Second response after warning has been issued - $500.00; (4) Third response and all additional after warning has been issued - $750.00; and (5) The police services fee is cumulative, so that as an example, five responses after the first warning shall result in a total of police services fee of $3,000.00 ($250.00, plus $500.00, plus $750.00, plus $750.00, plus $750.00).

Time of applicability. This subchapter shall only be utilized and residents cited for violation hereof anytime day or night for a period of 36 hours after the first response and warning. At all other times other grounds for enforcement shall be utilized.
(Ord. 2017-188, § 2, passed 7-18-17)
§ 11-7-32 Issuance of warning for initial response.

Police initially responding to a loud or disruptive party, gathering or event, regardless of the nature of the event, on private or public property, may issue a written warning to the person(s) responsible for the loud party, gathering, or event. Such warning shall contain the substance of the following statement: "If the City of Laguna Niguel designated police are required to respond again to this location due to a loud or disruptive party, gathering, or event within a 36 hour period, then the person(s) responsible for such party, gathering or event shall be assessed a police services fee in accordance with Title 11, Chapter 7, Subchapter 4. The city may prepare forms to be utilized to give this notice or the notice may be given verbally if circumstances warrant due to the lack of a certain and specific property, or both, at the discretion of the police." (Ord. 2017-188, § 2, passed 7-18-17)
§ 11-7-33 Multiple responses.
(A) If police are required to respond to a call for service regarding a loud or disruptive party, gathering or event, regardless of the nature of the event, at a particular location for a second or subsequent time within a 36 hour period after a warning has been issued, then for each such response a police services fee shall be assessed against the person(s) responsible for the loud or disruptive party, gathering or event. Each person responsible for said party, gathering or event shall be jointly and severally liable for the police services fee, provided, however, that if any such person is a minor, then the parents or legal guardians of such minors shall be jointly and severally liable in the minor's place.

(B) An itemized bill shall be sent to every person assessed a police services fee. In its discretion, the city may delegate preparation of the itemized bill to a public entity designee. (C) A police services fee imposed pursuant to this subchapter shall be paid in full within 15 days of the billing date unless a written appeal is filed in accordance with§ 11-7-35. The city may, pursuant to law, impose a lien on the property, including real property, to recover the monies due. (D) No police services fee shall be assessed in a circumstance when law enforcement, upon its second or additional arrival at a property, does not observe or otherwise detect loud, disruptive, raucous or unusual conduct or activity.
(Ord. 2017-188, § 2, passed 7-18-17)
§ 11-7-34 Exemptions.

The following acts or conditions are exempt from the provisions of this chapter:
(A) Activities conducted on the grounds of any public or private children's nursery, elementary, intermediate or secondary school or college;
(B) Outdoor gatherings, public dances and shows, provided said events are conducted pursuant to a permit or license issued by the city;
(C) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicles or work; and,
(D) Any activity to the extent regulation thereof has been preempted by state or federal law. (Ord. 2017-188, § 2, passed 7-18-17)
§ 11-7-35 Appeal.
(A) Any person assessed a police services fee may, by filing a written request within 15 days of the billing date, appeal the amount of such fee to the city manager or designee. (B) The city manager or designee shall conduct a hearing on timely-filed appeals, and may affirm or reduce the amount of the fee. The hearing shall be conducted pursuant to the greatest respect for due process of the parties and in accord with the nuisance appeals procedures in the Municipal Code. (C) No reduction shall be granted unless the appellant establishes either:
(1) An accounting error has been committed;
(2) there are mitigating circumstances warranting leniency; or (3) There is no evidence that loud, disruptive, raucous or unusual conduct or activity occurred. (D) (1) The decision of the city manager or designee shall be in writing and shall be final. (2) The full amount of any police services fee assessment upheld by the city manager or designee shall be paid within 15 days of the final decision.
(Ord. 2017-188, § 2, passed 7-18-17)
§ 11-7-36 Reservation of legal options.
(A) The procedures provided for in this subchapter are in addition to any other statute, ordinance or law, whether civil or criminal available to the city. This subchapter in no way limits the authority of law

enforcement officers or private citizens to make arrests for any other criminal offense arising out of conduct regulated by this subchapter.
(B) The city does not waive its right to seek reimbursement for actual costs, beyond the police services fee, through other legal remedies or procedures. Any person owing money shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney's fees and the city may impose a lien to recover the monies due.
(Ord. 2017-188, § 2, passed 7-18-17)
Chapter 8 PROPERTY PROTECTION
Subchapter 1. City Property,§§ 11-8-1- 11-8-12
Subchapter 2. Buildings and Equipment,§§ 11-8-13- 11-8-23 Subchapter 3. Land, §§ 11-8-24- 11-8-35
Subchapter 4. Plants, §§ 11-8-36- 11-8-46
Subchapter 5. Vehicular Nuisances,§§ 11-8-47- 11-8-50
5ubchapter 6. Graffiti Prohibited, §§ 11-8-51- 11-8-59
Subchapter 7. Tree Protections,§§ 11-8-60- 11-8-64
SUBCHAPTER 1. CITY PROPERTY
§ 11-8-1 Damaging or defacing city property.

No person shall paint, post, attach or aff ix any handbill, dodger, notice, sign or advertisement upon or to any bridge, fence, building or other property belonging to the city or any tree situated in any public street or highway of the city, and no person shall deface, mar or disfigure any bridge, fence, building or other structure belonging to the city or any tree situated in any public street or highway of the city by painting, cutting, scratching or breaking such structure or tree or attaching or affixing anything thereto. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-8-2 Authority to post signs.

Nothing contained in this subchapter shall be construed to prohibit the erection or placing in any street or highway of mileposts, mile boards, guide boards or guideposts, or the painting, posting, attaching or affixing of warning signs, notices or signboards, upon bridges, fences, buildings or other structures belonging to the city, under authority of the city council.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-8-3 City defined.

For purposes of this chapter, the word "city" means the City of Laguna Niguel. §§ 11-8-4- 11-8-12 Reserved.

SUBCHAPTER 2. BUILDINGS AND EQUIPMENT
§ 11-8-13 Use of public playground equipment.
(A) Use by adults prohibited. It shall be unlawful for any person of the age of ~ 18 years or over to enter upon or use any public playground equipment within the city unless the individual is:
(1) Accompanying a minor child or minor children lawfully under their custody or control. This includes parents, guardians, babysitters, caretakers or other designees of a parent or guardian with sole or ioint supervisory responsibility over the minor child(ren); or f.±i(2) A city employee or contractor performing official duties related to the maintenance, inspection or other official business concerning the public playground equipment. (B) Definition. For purposes of this section, public playground equipment is hereby defined as follows:
(1) Rock-a-bye swings;
(2) Stationary circular travel rings;
(3) Giant strides;
(4) Ocean waves;
(5) Settee swings;
(6) Horizontal ladders;
(7) Graduated horizontal bars;
(8) Board teeter outfits;
(9) Kindergarten chair swings;
(10) Combination straight travel rings;
(11) Trapeze rings;
(12) Merry-go-rounds; and
(13) Slides;
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-8-14- 11-8-23. Reserved.

SUBCHAPTER 3. LAND
§ 11-8-24 Trespass upon fenced or cultivated land.

It shall be unlawful for any person to enter upon or go upon the lands of another, under cultivation or enclosed by a fence, for any purpose whatever, without the consent in writing of the owner of the premises or of the person entitled to the use and occupancy thereof, except in the lawful performance of an official duty. (Ord. 90-11, § 3, passed 3-6-90)

§ 11-8-25 Damaging property or vegetation.

It shall be and is hereby declared unlawful for any person, other than the owner or lessee of the land designated in this section, to cut, hack, injure, destroy, move or remove any cane, reeds, sticks, grass, bamboo, trees, lumber, brush, weeds or vegetation of any kind or nature, or printed, painted or written signs, or to dig, move or remove any sand, gravel, rocks, dirt, soil, debris or other material or substance, or to start, build or maintain fires of any nature whatsoever, in or on creeks, canals, channels or rivers, or the banks, beds, levees, dikes or embankments of such creeks, canals, channels or rivers, or other lands of another located in the city, without the written consent of the owner or lessee of such creeks, canals, channels or rivers, or the banks, beds, levees, dikes or embankments of such creeks, canals, channels or rivers, or other land, or except in the lawful performance of an official duty.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-8-26- 11-8-35 Reserved.

SUBCHAPTER 4. PLANTS
§ 11-8-36 Damaging Yucca plants.

It shall be unlawful for any person to mutilate or destroy any Yucca plant or pick out any blooms or blossoms therefrom, whether such plants are growing on public or private land, unless, in the case of private land, the owner gives their consent thereto.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-8-37- 11-8-46 Reserved.

SUBCHAPTER 5. VEHICULAR NUISANCES
§ 11-8-47 Operation of vehicle on land of another.

It shall be unlawful for any person to operate any motorcycle, motor-driven cycle, minibike, trail bike, motor scooter, jeep, dune buggy or other motor vehicle on real property owned or occupied by another without the written consent of all the owners and occupiers being in such operator's possession, unless the owners of the property have posted the property permitting such use; provided, however, that this prohibition does not include the operation of a vehicle or cycle having a valid state vehicle registration by any person possessing a valid state operator's license upon a public street or highway; and provided further that this prohibition shall not apply to a public officer or employee acting within the course and scope of their employment; and provided further that the provisions of this section shall not apply to the operation of such vehicles on driveways, parking lots, racecourses or other places where the public is invited to operate such vehicle, so long as such vehicle is operated in the reasonable and ordinary manner customary for such use.
(Ord. 90-11, § 3, passed 3-6-90)

§ 11-8-48 Creating disturbance by vehicle.

It shall be unlawful for any person to operate a vehicle referred to in§ 11-8-47 in such a manner as is reasonably likely to disturb the peace or quiet of any neighborhood or person by reason of noise, dust, smoke or fumes.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-8-49, 11-8-50 Reserved.

SUBCHAPTER 6. GRAFFITI PROHIBITED
§ 11-8-51 Purpose and intent.

It is the purpose and intent of the City Council through the adoption of this subchapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned walls, which are inimical and destructive of the rights and values of private property owners as well as the total community. It is further the intent of the city council, through the adoption of this subchapter to put on notice all of those who callously disregard the property rights of others, that the law enforcement agencies for the city, both police services and the prosecutor's office, will strictly enforce the law and severely prosecute those persons engaging in the defacement of public and private properties.
(Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-52 Findings.

The city council finds as follows:
(A) The increase of graffiti, on either public or private property, results in blight, decreases property values and deprives surrounding residents and owners of the right to comfortable enjoyment of life and property.
(B) Graffiti is obnoxious, constitutes a public nuisance, and is a threat to public safety which must be abated to prevent its further proliferation.
(B) Graffiti must be removed as quickly as possible to minimize harm to persons and property in the community.
(B) This subchapter is consistent with California Government Code§ 53069.3, which authorizes the enactment of ordinances to provide for the use of city funds to remove graffiti. (E) This subchapter is intended to be complimentary to and not in conflict with California Penal Code§ 594, which provides that any person who maliciously defaces property is guilty of vandalism, and California Penal Code§ 594.1, which, provides that certain activities involving the possession, sale and use of aerosol paint containers are misdemeanors.
(Ord. 94-70, § 1, passed 2-15-94)

§ 11-8-53 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Aerosol paint container. Any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

Felt tip marker. Any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth inch, containing an ink that is not water-soluble.

Graff iti. Any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or, on any surface, regardless of the nature of the material of that structural component, to the extent that same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the City council to be a public nuisance.

Graff iti or paint stick. A device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width, visible from a distance of 20 feet, and not water-soluble.

Graff iti implement. An aerosol paint container, an etching tool, a felt tip marker, a graffiti or paint stick, or a gum label.

Gum Label. Any sheet of paper, fabric, plastic, or other substance with an adhesive backing which is not easily removable when placed on a surface.
(Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-54 Anti-vandalism provisions.
(A) Unlawful to apply graffiti. It shall be unlawful for any person to apply graffiti on any public- or privately­ owned structures located on public or privately owned real property within the city. (B) Possession of graffiti implement prohibited. It shall be unlawful for any person, while on public property, or upon private property without the prior consent of the owner of such property, to possess any graffiti implement for the purpose of defacing property.
(Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-55 Accessibility to graffiti implements.
(A) Furnishing to minors prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of 18 years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing.
(B) Wrongful display for sale.
(1) No person, firm or entity engaged in a commercial enterprise (seller) shall display for sale, trade or exchange, any graffiti implement except in an area from which the public shall be securely precluded without employee assistance.

(2) Two such acceptable methods for displaying a graff iti implement for sale shall be by containment in:
(a) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or
(b) in an enclosed area behind a sale or service counter from which the public is precluded from entry. (Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-56 Removal provisions.
(A) Removal by person who applied graffiti. Any person who applies graffiti within the city shall have the duty to remove the same within 24 hours after notice by the city or the public or private owner of the property involved. The failure of any person to so remove said graffiti shall constitute an additional violation of this subchapter. Where graffiti is applied by anyone under the age of 18 years, the parent, parents or legal guardian shall be responsible for such removal or for the payment therefor. (B) Removal by property owner. It is unlawful for any person who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property (responsible party) to permit property which is defaced with graffiti to remain so defaced for a period of three working days after notice of same, unless:
(1) said person shall demonstrate to the city manager or their designee, by a preponderance of evidence that they do not have the financial or physical ability to remove the defacing graffiti; or (2) unless it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of five days after notice of same. (C) Removal by city.
(1) Use of public funds. Whenever the city becomes aware, or is notified and determines that graffiti is so located on public or privately owned property viewable from a public or quasi-public place within the city, the city shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the city manager, or their designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area. (2) Securing owner consent. Prior to entering upon private property or property owned by a public entity other than the city, for the purpose of removal of graffiti, the city shall attempt to secure the consent of the responsible party, and a release of the city from liability for private or public property or liability damage.
(D) Nuisance abatement, lien and cost of recovery.
(1) Graff iti as a nuisance. The existence of graffiti within the city limits of the city is a public and private nuisance, and may be abated according to the provisions and procedures herein contained. (2) Failure to obtain owner consent. If a responsible party fails to remove the offending graffiti within the time herein specified, or if the city shall have requested consent to remove or paint over the offending graffiti and the responsible party shall have refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city shall commence abatement and cost recovery proceedings for the removal of the graffiti according to the following procedure.

(3) Abatement and cost recovery proceedings.
(a) Notice and conduct of due process hearing. The city manager, or their designee (hearing officer), shall give not less than 48 hours notice, served in the same manner as summons in a civil action in accordance with California Code of Civil Procedure, Article 3 (commencing with§ 415.10) of Chapter 4 of Title 5 of Part 2 to the responsible party or parties who are responsible for the maintenance of a parcel of property containing graffiti (property), and, if a different person is the owner of record of the parcel of land or which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, then to said owner (owner) also, of a "due process" hearing at which said responsible party and owner shall be entitled to present evidence and argue that their property does not contain graffiti. (If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to§ 6062.) The determination of the hearing officer after the "due process" hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the responsible party, owner, or their respective agents, the hearing officer determines that the property contains graffiti viewable from a public or quasi-public place, the hearing officer shall give written notice (eradication order) that, unless the graffiti is removed within five days thereafter, the city shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the hearing officer) or such other eradication thereof (eradication effort) as the hearing officer determines appropriate, and shall provide the responsible party and owner thereafter with an accounting of the costs of such eradication effort on a "full cost recovery basis."
(b) Eradication eff ort. Not sooner than the time specified in the order of the hearing officer, the city manager, or their designee, shall implement the eradication order, and shall provide an accounting to the responsible party, and as appropriate, the owner, of the costs thereof (eradication accounting).
(c) Cost hearing. If the responsible party or owner fails to request a hearing before the hearing officer on the eradication accounting (cost hearing), or if requested, and a cost hearing is conducted after extending due process to the responsible party and, as appropriate, the owner, after such a cost hearing, the hearing officer determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount set forth in the eradication accounting, or such amount thereof determined as appropriate by the hearing officer, (assessed eradication charges) shall be due and payable by the responsible party within 30 days. Any amount of assessed eradication charges assessed by the hearing officer which are less than the total amount set forth in the eradication accounting shall be explained by written letter from the hearing officer to the city council members.
(d) Lien. As to such property where the responsible party is the owner, if all or any portion of the assessed eradication charges remain unpaid after 30 days, pursuant to the authority created by law, including California Government Code § 38773 et seq., such portion thereof as shall remain unpaid shall constitute and is hereby declared to constitute a lien on the property which was the subject matter of the eradication effort. The director of public works shall present a Resolution of lien to the city council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the County Recorder's Office. (Ord. 94-70, § 1, passed 2-15-94)

§ 11-8-57 Rewards.
(A) Pursuant to the California Government Code§ 53069.5, the city does hereby offer a reward of up to $500.00 for information leading to the arrest and conviction of any person for violation of California Penal Code§ 594 by the use of graffiti, not to exceed $500.00 per incident of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. The city council shall determine the exact amount of each reward. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.
(B) (1) Claims for rewards under this section shall be filed with the city. (2) Each claim shall:
(a) Specifically identify the date, location and kind or property damaged or destroyed; (b) Identify by name the person who was convicted, or confessed to the damage or destruction of the city property; and
(c) Identify the court and the date upon which the conviction occurred or the place and the date of the confession.
(C) No claim for a reward shall be allowed by the city council unless an authorized representative of the city investigates and verifies the accuracy of the claim and recommends that it be allowed. (Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-58 Parental involvement provisions.
(A) Parental civil liability (cost). Any parent or other legal guardian who consents to, permits, or otherwise knowingly allows their child under the age of 18 to possess a graffiti implement shall be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by said child, or by said graffiti implement, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages.
(B) Parental liability (removal}. Where graffiti is applied by anyone under the age of 18 years, the parent, parents, or legal guardian shall be responsible for such removal or for the payment therefor. (Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-59 Punishment provisions.
(A) Penalties for violation. Any and all violations of this subchapter shall be punishable as a misdemeanor. (B) Police diversion program; community service with minimum hours and parental involvement. In lieu of, or as part of, requesting prosecution of a petition to declare a minor to be a ward of the court under California Welfare and Institutions Code § 602 (including but not limited to, offenses which, in the opinion of the police chief, constitute a violation of this subchapter), or in lieu of prosecuting a violation of this subchapter as a crime against an adult, the police chief with the approval of (or according to rules and procedures approved by) the city manager, shall be authorized to offer said minor or adult an option to perform such community service as the police chief deems appropriate, but which community service shall, if offered at all, contain the following minimum elements:
(1) The minor shall perform at least 30 hours of community service.

(2) At least one of the custodial parents, or if none, guardians, shall be in attendance at least 50% of the period of assigned community service, or an appropriate period as determined by the court. (3) The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police.
(4) Reasonable effort shall be made to assign the subject minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult. To the extent that the offense giving rise to the offer of community service constitutes a violation of this subchapter, reasonable effort shall be made by the chief of police to assign the minor to community service which constitutes in significant part the removal of graffiti. (Ord. 94-70, § 1, passed 2-15-94)
SUBCHAPTER 7. TREE PROTECTIONS
§ 11-8-60 Purpose.

The purpose of this subchapter is to enhance the quality of life and the present and future health, safety, and welfare of all citizens, to enhance property values, and to ensure proper planting and care of trees on public property, the city council herein delegates authority and responsibility for managing public trees to the public works director, establishes practices governing the planting and care of trees on public property. (Ord. 2024-230, § 2, passed 10-15-24)
§ 11-8-61 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Damage. Any injury to or destruction of a tree, including but not limited to: Uprooting; severance of all or part the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.

Director. The director of public works or their designee.

Nuisance. Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.

Parkway. The area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.

Public property. All grounds and rights-of-way (ROWs) owned or maintained by the city.

Public tree. Any tree or woody vegetation on city-owned or city-maintained property or rights-of-way.

Top or topping. The non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree to remove the normal canopy and disfigure the tree. (Ord. 2024-230, § 2, passed 10-15-24)

§ 11-8-62 Authority and power.
(A) Delegation of authority and responsibility. The director shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of-ways, city parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.
(B) Coordination among city departments. All city departments will coordinate as necessary with the director and will provide services as required to ensure compliance with this subchapter as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties. (C) Interference. No person shall hinder, prevent, delay, or interfere with the director or their agent(s) while engaged in carrying out the execution or enforcement of this subchapter. (Ord. 2024-230, § 2, passed 10-15-24)
§ 11-8-63 Tree planting and care standards.
(A) Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture. (B) Requirements of franchise utility companies. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards.
(C) Preferred species list. The director shall approve all tree planting on public property in two size classes:

Ornamental (20 feet or less in height at maturity) and shade (greater than 20 feet at maturity). (D) Planting distances. The director shall approve spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within ten feet of a fire hydrant. Planting trees under electric utility lines. Only trees approved as ornamental trees by the director may be planted under or within 15 lateral feet of any overhead utility wire. (E) Protection of public trees during construction. Any person, firm, corporation, or city department performing construction near any public tree must employ appropriate measures to protect the tree, including, but not limited to, placing barriers around the tree to prevent damage. (Ord. 2024-230, § 2, passed 10-15-24)
§ 11-8-64 Prohibition against harming public trees.
(A) It shall be unlawful for any person, firm or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the director. (B) It shall be unlawful for any person, firm or corporation to attach any cable, wire or signs or any other object to any street, park, or public tree.
(C) It shall be unlawful for any person, firm or corporation to "top" any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the director.
(Ord. 2024-230, § 2, passed 10-15-24)

Chapter 9 PUBLIC SAFETY
Subchapter 1. Reserved,§§ 11-9-1- 11-9-11
Subchapter 2. -Pei-seflsReserved, §§ 11-9-12- 11-9-22
Subchapter 3. Reserved,§§ 11-9-23- 11-9-33
Subchapter 4. Wells,§ 11-9-34
Subchapter 5. Rivers, Creeks, Channels, Canals, Pipes and Ditches, §§ 11-9-35- 11-9-43
Subchapter 6. Diving or Jumping in Water, §§ 11-9-44, 11-9-45 SUBCHAPTERl .RESERVED
§§ 11-9-1- 11-9-11. Reserved.

SUBCHAPTER 2. PO/.SOA'-'RESERVED
5ee. 11 Q 12, TFaRsport of l:!11EIFoe11aRie aeiEI,
It shall be unlawful te trans!')ert liquiel hyelrecyanic aciel (HCN) e•,er any public street er highway in the city in er upen any vehicle er cen•,eyance unless the fellewing pre1,1isiens are all ceA'l!')lieel ,,..,ith:
(1) Liquiel hyelrecyanic aciel A'lust be securely encleseel in a suitable centainer 1,11hich will prevent the escape ef such aciel if the centainer sheulel be upset er jarreel. (2) The 1.«ehicle A'lust be equippeel with substantial sielebearels anel tailbearels, each anel all at least 20 inches in height, anel with a substantial, tight anel seliel beel. (3) The 1,1ehicle A'lust net beef the type elesigneel fer use as a passenger 1,ehicle. (4) The elri•,er ef the 1,ehicle A'lust be a A'lale persen ef the age ef 16 years er A'lere. (5) The rear enel ef such vehicle A'lUSt be painteel '"'1hite er carry a white sign, securely foEeel, upen which

1.«ehicle er sign A'lust appear in reel lett ers net less than three inches in height the werels "DM JGeR INr;:LAMM/\Bl e KeeP YOUR DIST/\NCe."
(6) Centainers ef liquiel hyelrecyanic aciel in such vehicles A'lUSt be firA'lly secureel te the vehicle se that the centainers cannet e~·erturn in the 1,1ehicle er fall therefreA'l. (7) Trailers useel te carry aciel A'lUSt be attach eel te the A'leter vehicle seas te pre~·ent siele whipping by the ~
(8) Vehicles carrying liquiel hyelrecyanic aciel A'lust ceA'le te a full step at all railreael anel street railway cressings anel preceeel enly after A'laking rnrtain that the cressing can be A'laele safely. (9) Vehicles centaining liquiel hyelrecyanic aciel anel centainers er applicaters centaining such aciel A'lust net be alleweel te stanel within 15 feet ef the travel eel pertien of any public street er highwa•r. (Orel. Ne. 90 11, § 3, 3 6 90)
Cress reference(s) Hazareleus A'laterial elisclesure, § 6 3 200 et seq.

§§ 11-9-12- 11-9-22 Reserved.

SUBCHAPTER 3. RESERVED
§§ 11-9-23- 11-9-33. Reserved.

SUBCHAPTER 4. WELLS
§ 11-9-34 Capping or covering required.
(A) Def initions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abandoned oil or water well. Includes any such well not actually and continuously used, and any well, whether being used or not, the mouth or entrance of which is left open.

Cistern. An artificial reservoir or tank or wells for storing water.

Person. Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, city or any other group or combination acting as a unit.
(B) Responsibility for capping or covering.
(1) A person who digs, drills, excavates, constructs, owns or controls any water well, oil well or cistern and abandons such well or cistern, and a person who owns, possesses or controls any premises on which an abandoned water well, oil well or cistern exists, shall cap or otherwise securely cover the mouth or entrance to the well or cistern.
(2) The capping or covering shall be so constructed and installed as will prevent any human being from falling into the well or cistern or from suffering any bodily injury, through accident or inadvertence, by reason of the existence of the well or cistern.
(Ord. 90-11, § 3, passed 3-6-90)
SUBCHAPTER 5. RIVERS, CREEKS, CHANNELS, CANALS, PIPES AND DITCHES § 11-9-35 Water-related activities prohibited in designated channels. (A) Except for public officers in the performance of their duties and those persons authorized by the city council, it shall be unlawful for any person to wade, bathe, skin dive, swim, float, launch or occupy any paddleboard, surfboard, kayak, canoe, boat, tube or similar craft, or any object or device capable of transporting a person, on or in any creek, channel, canal, river, ditch, pipe or aqueduct within the jurisdiction and control of the County Flood Control District. (B) Such creeks, channels, canals, rivers, ditches, pipes and aqueducts include but are not limited to the following:

Channel Flood Control
District Code
No.

Aliso Creek Channel J0l
Escolar Storm Drain L03P37
Galivan Retarding Basin L03B02
Narco Channel J04
Oso Creek Channel L03
Salt Creek Channel K0l
Sulphur Creek Channel J03
Sulphur Creek Dam J03D01
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-9-36- 11-9-43 Reserved.

SUBCHAPTER 6. DIVING OR JUMPING IN WATER
§ 11-9-44 Generally.

No person shall dive or jump into any lake, stream, brook, creek, river, pond, lagoon, reservoir, harbor, bay, cove, inlet, channel or canal, from any pier, bridge, rock or precipice, other than at a privately owned and operated swimming area or at those places designated and posted for diving and jumping by the director of parks and recreation as authorized by resolution of the city council. Violation of this section shall be an infraction. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-9-45 Landing in water.

No person shall land in any lake, stream, brook, creek, river, pond, lagoon, reservoir, harbor, bay, cove, inlet, channel or canal, after having jumped or dived from any pier, bridge, rock or precipice above such body of water, other than at a privately owned and operated swimming area or at those places designated and posted for diving and jumping by the director of parks and recreation as authorized by resolution of the city council. Violation of this section shall be an infraction.
(Ord. 90-11, § 3, passed 3-6-90)
Chapter 10 CHARITABLE OR PHILANTHROPIC SOLICITATION
Subchapter 1. Solicitation Generally,§§ 11-10-1- 11-10-29 Subchapter 2. Bingo Games,§§ 11-10-30, 11-10-31
SUBCHAPTER 1. SOLICITATION GENERALLY

Sec. 11 10 1, DefiRiti8R5,
The following words, terms and 13hrases, when used in this article, shall ha·,e the meanings aseril:Jed to them in this seetion, exee13t where the eontext clearly indieates a diff erent meaning:

AssoeietioR includes eor13oration.

Cfleritel3,1e includes the 1,vords "13hilanthro13ie," "soeial serviee," "l:Jenevolent," "13atriotie" or "13ur13orted eharital:Jle," "13ur13orted soeial seri,iee," "13ur13orted l:Jenevolent," "13ur13orted 13atriotie" and "13ur13orted 13hilanthro13ie."
CoRtril3t:JtiOR includes the words "alms," "food," "elothing," "monev," "iaro13erty" and "donations under the guise of a loan of monev or 13ro13erty."
Def)BrtmeRt means the de13artment of the eity designated l:Jy the eit•r eouneil to administer this division. ~o.<ieitetioR means not onlv a direet oral or written asking or reEtuest, l:Jut also the distril:Jution, eireulation, mailing to an address within the eit•r, 13osting or 13ul:Jlishing of lett ers, 13osters, handl:Jills, eards, folders, 13am13hlets, l:Jooks or eireulars, or the gi1.«ing or making of an announeement to the 13ress or 01.«er radio or tele13hone or telegra13h eoneerning or in¥ol¥ing an a1313eal, asseml:Jlage, athletie or s13orts event, l:Jazaar, l:Jenefit, eam13aign, eontest, danee, dri•,e, entertainment, eJEhil:Jition, CJc13osition, 13artv, 13erformanee, 13ienie, sale or soeial gathering whieh the 13ul:Jlie or any 13ortion thereof is reEtuested to meet or 13atroni2e or to whieh the 13ul:Jlie or anv 13ortion thereof is reEtuested to make a eontril:Jution, l:Jy reason of or l:Jeeause of anv eharital:Jle 13ur13ose or l:Jenefit eonneeted with or in·,olved in any sueh a1313eal, asseml:Jlage, athletie or s13orts event, l:Jazaar, l:Jenefit, eam13aign, eontest, danee, dri¥e, entertainment, eichil:Jition, CJc13osition, 13artv, 13erformanee, 13ienie, sale or soeial gathering.

Solieitation also means the sale of, offer to sell or att em13t to sell an·, ad·,ertisement, ad·,ertising s13aee, l:Jool,, eard, ehanee, eou13on, de·,iee, magazine, meml:Jershi13, merehandise, sul:Jseri13tion, ticl,et or thing whatsoever, in eonneetion 1,vith whieh or when or where any a1313eal is made for any eharital:Jle 13ur13ose whate·.«er or the name of an·, eharity, 13hilanthrowr or eharital:Jle assoeiation is used or referred to in any sueh a1313eal as an indueement or reason for the maldng of anv sueh sale, or when or where in eonneetion ·,vith an·, sueh sale, offer to sell or attem13t to sell any statement is made that the whole or any 13art of the iaroeeeds from anv sueh sale or selling will go to or l:Je donated to any eharital:Jle 13ur13ose or assoeiation. A solieitation shall l:Je deemed eom13leted when made, whether or not the 13erson making the solieitation reeei1,1es any eontril:Jution or mal,es anv sale referred to in this sul:Jseetion. Solieitation does not include the aeti>,ities of a sidewalk vendor, whieh are sul:Jjeet to the 13ro1,isions of division 7 of title 5 of this Code.
'NritiRfj includes 13rinting, t1,13ewriting, mimeogra13hing or multigra13hing. v'k itteR includes iarinted, ty13ewritt en, mimeogra13hed or multigra13hed. (Ord. No. 90 11, § 3, 3 €i 90; Ord. No. 2020 20€i, § 8, 7 21 20; Ord. ~Jo. 2020 207, § 7, 8 4 20) Cross referenee(s) Qefinitions generally,§ 1 118.
§ 11-10-1 Solicitation to Unwilling Recipient.
(A) No person shall enter upon any residence or place of business and ring the doorbell, rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of any occupant of such premises, for the purpose of securing an audience with the occupant and engaging in solicitation in defiance of a notice described in division (B) below.
(-At(B) Notice by the owners or occupants of any residence or place of business of their unwillingness to receive any solicitors shall be given by displaying a weatherproof card, decal or sign easily seen from the public right-of-way or the normal entryway to a house or dwelling, The notice must be placed upon or

near the main entrance door to the residence or place of business and must conspicuously state: "No Solicitors" or words to that effect.

Sec. 11 10 2. IVlisrepresentatien lay seliciters.

It shall se unlawful for any person to malw or perpetrate any misstatement, aeception or fraua in connection with the solicitation within the city of any contrisution for any charitasle purpose or association. (Ora. ~lo. 90 11, § 3, 3 6 90)
Sec, 11 10 i , ).oJritten ai:.th0riii1ati0n te solicit reE1Yired.

It shall se unlawfi::1I for any person to solicit within the city an•,« contrisution in the name of or on sehalf of any charitasle association unless such person is authorizes in writing sy such association to make such solicitation, with such authorication to se sign ea sy at least tv,10 officers of the association, ana unless a copy of such authorication has seen previously filea with the aepartment, which authorication ana the copy thereof so filea with the aepartment shall each sear a specimen signature of the solicitor, ana unless the solicitor shall have such written authorication with him when making such solicitation ana exhisit such authorication on reetuest of the person solicitea or an•, peace officer or agent of the aepartment. Such authorication shall m1pressly state on its face that it is •~alia for a perioa of not longer than three months from the aate of issuance thereof, which aate shall se states therein.
(Ora. ~lo. 90 11, § 3, 3 6 90)
§ 11-10-4 Authorization to use name of association.
(A) It shall be unlawful for any person to use within the city the name of any association in charge or control of any charity, philanthropy or benevolent, social service or patriotic activity in any solicitation without having written permission from two of the officers of such association to so use its name or the name of or reference to such charity, philanthropy or benevolent, social service or patriotic activity, which written permission must be for a specific event or a specified period of time. (B) A copy of such permission must be filed with the department prior to any such use. (Ord. 90-11, § 3, passed 3-6-90)
Sec. 11 10 S, Receipts.
(a) Rcffuircd; coRtcRts. It shall se unlai.vfi::1I for an•, person to receive within the cit•, any contrisutions as a result of solicitation for any charitasle purpose or in the name of or on sehalf of any charitasle association unless such person shall ten a er to each person mal~ing such contrisution a ,,..,ritten receipt signea sy the solicitor which contains, in aaaition to a aescription of the amount ana kine of the contribution, susstantially the follo•,.;ing matt ers:
(1) Nefflc (}j essocietioR. The name of the association, if any, in ,,..,hose name or upon whose sehalf the solicitation is maae.
(2) GcRcre.' or sf)ccific fJUFfJOSc. A statement as to whether the contrisution solicitea is to se applies for the general purposes of such association, if an•,, or for specific purposes, ana if for specific purposes the nature thereof shall be clearly states.

(3) !nfomw tion card. A statement that the information cara, 13roviaea for in this article, issues by the ae13artment, was 13resentea to the 13erson making the contribution for his 13erusal 13rior to recei13t by the solicitor of the contribution recei13tea for.
(b) focef)tions.
(1) ~Jo recei13t neea be gi¥en or tenaerea if a aonation of money is maae b•r 13lacing of the money in a loclcea rece13tacle, of a kin a 13re¥iously a1313rovea by the ae13artment, in such manner that it is im13racticable to ascertain either the amount aonatea or the name of the aonor; ana if an inscri13tion shall be cons13icuously attach ea to such rece13tacle containing in legible writing a co13y of such information cara issues by the ae13artment ana the statements reEtuirea to be set forth in the recei13t referrea to in subsection (a) of this section, ei,ce13t the statements regaraing such information cara; ana if such rece13tacle bears a number or other marlE of iaentification; ana if a written list sh0't11ing by number the location ana name of the solicitor in charge of each rece13tacle, if there is more than one such rece13tacle within the city, has been 13re11iously files with the ae13artment. (2) No recei13t neea be gi•,cen for any aonation of money in an amount less than $1.00. (Ora. ~Jo. 90 11, § 3, 3 6 90)
§§ 11 10 § 11 10 10, Reseri.•ed.
iee, 11 10 11, Netiee ef intentien te selieit,
(a) RefJuired; contents. It shall be unlawful for any off icer or member of an•t association to authorii!e any 13erson to solicit, or for any 13erson to solicit, ,,..,ithin the city, any contribution for any charitable 13ur13ose or association, unless, within the fiscal year of the city in which such solicitation is maae, ana at least ten aays 13rior to the beginning of such solicitation, there shall ha¥e been files with the ae13artment, on a form furnishes by the ae13artment, b•r such association u13on whose behalf the solicitation is maae or by such 13erson, v,1ritt en notice of intention to solicit 1,11ithin the city such contribution, which notice shall contain com13lete information as follo•,t,1s:
(1) Purf)ose. The 13ur13ose of the solicitation ana the use of the contributions to be solicitea. (2) Need. A s13ecific statement, su1313ortea by reasons ana, if a¥ailable, figures, showing the neea for the contribution 13ro13osea to be solicitea.
(3) .'i.4etRod. The character of such solicitation ana how it will be maae or conauctea. (4) fxf)ense. The m113ense of the solicitation incluaing all commissions, costs of collection, salaries ana other items, if any, regaraless of from what fun as such m,13enses are 13ayable. (S) Net f unds to ee a1,1ai!&ele. What 13ortion of the contributions collectea as a result of the solicitation will remain a•,cailable for a1313lication to the s13ecific 13ur13oses aeclarea in the notice of intention as the object of such solicitation.
(6) Record f>j w ior contrieutions and e~(f)enditur:es. A s13ecific statement of all contributions collectea or receives by such association or b•r such 13erson filing such notice of intention within the calenaar •rear immeaiately 13receaing the aate of such filing, ana the ei,13enaitures or use maae of such contributions, together with the names ana aaaresses of all 13ersons or associations recei¥ing salaries, wages, com13ensation, commissions or emoluments from such contributions, ana the res13ecti11e amounts thereof.
(7) Naff/es and addresses of off icers. The names ana aaaresses of the officers ana airectors of any such association for which the solicitation referrea to in such notice of intention is 13ro13osea therein to be ~

(8) /'.1,Jt/:JoriziRfJ reso,11,JtioR. A co13y of the resolution, if any, of any such association authorizing such solicitation, certified to as a true and correct co13y of the original of such resolution lay the officer of such association ha¥ing charge of the records thereof.
(9) ReediRfJ &f fJ,<ovisioRs &f tf:Jis erticJe. A staternent that the signers of such notice have read and are farniliar with the 13rovisions of this article and will require all solicitors engaged in such solicitations to read and lac farniliar with the 13rovisions of sections 11 10 2, 11 10 3, 11 10 4, 11 10 §, 11 10 13, 11 10 21 and 11 10 24 13rior to rnaking any such solicitation. (la) JRformetioR oR eweemeRts witf:J solicitor. The signers of the notice of intention shall file with the de13artment, •,vith such notice of intention, a staternent of any and all agreements or understandings made or had with any agent, solicitor, 13romotor, rnanager or conductor of such solicitation, together with at least one co13y each of an·r such agreernent or understanding which rnay lac in ,,.,riting. Within 24 hours of any change in any such agreernent or understanding, or the rnaking or having of any new, further or diff erent agreement or understanding with any agent, solicitor, 13rornotor, rnanager or conductor, the signers of the notice of intention shall file with the de13artrnent a true cow,· of such change or new, further or different agreernent or understanding if such change or ne•,v, further or different agreement or understanding is in writing, or written details thereof if not in writing.
(c) !Rs"'fficieRt iRformetioR. VVhene·,er, in the 013inion of the de13artment, the notice of intention filed with the de13artment does not disclose suffi cient inforrnation for the 13ulalic concerning the facts required in this section to lac stated in such notice of intention, or concerning the 13erson or association rnaking such solicitation or on ,..,·hose behalf such solicitation is rnade, then, u13on the request of the de13artment therefor, there shall be filed in writing lay such 13erson or association with the de13artment, within 48 hours aft er such request is made u13on such 13erson or association, such additional inforrnation as rnay s13ecifically lac required lay the de13artrnent u13on such subjects; 13rovided, howe·,er, that the de13artrnent, for good cause, may CJEtend the time for so filing such additional information.
(d) Reey"'ired sif}RfJt1,J,<es; i~jormetioR to ae eb•ei.ief:J!e to fJl,JB/ic. The notice of intention and such additional inforrnation 13ro1,1ided for in this section shall be signed lay such person intending to rnalEC such solicitation, or, if such solicitation is to lac rnade lay or on behalf of any association, lay at least two officers of such association, and shall be 013en to the ins13ection of the 13ulalic. (Ord. ~lo. 90 11, § 3, 3 6 90)
Se6. 11 10 12. ln•,estigation.

In connection with any solicitation within the city for any contribution for any charitable 13ur13oses with res13ect to which the notice of intention 13ro1,ided for in section 11 10 11 has been filed with the de13artment, the de13artment and its agents shall have 13011,·er to in•,estigate the allegations of such notice of intention or any staternents or re13orts filed with the de13artment 13ertaining to any such solicitation, and to ha¥e access to and to ins13ect and malEe co13ies of all the books, records and 13a13ers of such 13erson or association lay or on whose behalf any such solicitation is made, 13ertaining to such solicitation or the use or CJE13enditure of an·, contribution so solicited. The de13artment shall also ha¥e 13ower to in·,estigate, at any time, the methods of rnalEing or conducting an•, such solicitation. The de13artment shall also ha¥e 13ower to 13ulalish any of the results of any investigation 13ro11ided for or authorized in this section, and to give such 13ulalicity to any such results lay such means as the de13artment rna•r deem best calculated to reach the general 13ulalic and the 13ersons interested. (Ord. No. 90 11, § 3, 3 6 90)

Sec. 11 1:0 1:~. lnferRlatien cant
It shall be 1;1nlawf1;1I for any 13erson to solicit within the city any contrib1;1tion for any charitable 131;1r13ose, or in the name of or on behalf of any charitable association, 1;1nless s1;1ch 13erson e1Ehibits to e11ery 13erson solicites an information cars, to be iss1;1es by the se13artment, which information cars shall bear a statement that the se13artment iss1;1es it onl•r for the information of the 131;1blic ans not as an ensorsement of the solicitation, ans shall set forth so m1;1ch of the 13ertinent facts states in the notice of intention 13ro~·ises for in section 11 10 11, files with the se13artment, or siscloses by any assitional information obtaines by the se13artment, as shall in the 013inion of the se13artment be of assistance to any 13erson solicites for any s1;1ch contrib1;1tion to enable s1;1ch 13erson to setermine the nat1;1re ans worthiness of the 131;1r13ose for which s1;1ch solicitation is mase. When malEing any s1;1ch solicitation, the solicitor shall reas the information cars to the 13erson solicites or 13resent it to the 13erson for his 13ernsal, allowing him s1;1fficient 01313ort1;1nity to reas the cars, before acce13ting any contrib1;1tion so solicites. When any solicitation referres to in this section is cons1;1ctes by 13rintes matter or 131;1blishes article, or 01Jer the rasio, tele13hone or telegra13h, s1;1ch 131;1blicity shall contain the sata ans information reei1;1ires to be set forth in the information cars, ans when any s1;1ch solicitation is mase by tele13hone the solicitor shall 13resent to each 13erson who consents to or insicates a willingness to contrib1;1te, 13rior to acce13ting a contrib1;1tion from the 13erson, s1;1ch information cars or a tr1;1e ·,vritten cowr thereof. When a cam13aign or sri11e for raising f1;1nss for any charitable 131;1r13ose is gi•Jen general 131;1blicity thro1;1gh the 13ress, or otherwise, ans when more than 25 13ersons ser>Je as solicitors witho1;1t com13ensation for their ser,1ices ans the 131;1blicity concerning the solicitation f1;1lly informs the general 131;1blic ans the 13ersons to be solicites as to the facts reei1;1ires to be set forth on the information cars, the reei1;1irements of this article, with res13ect to information carss ans the filing of co13ies of written a1;1thorizations, 13rovises for in section 11 10 3, of s1;1ch solicitors serving witho1;1t com13ensation, shall not a1313I•,. U13on recei13t of assitional information which, in the 013inion of the se13artment, shall renser incorrect any statement set forth in any s1;1ch information cars, the se13artment shall recall ever>r s1;1ch information cars ans amens or correct the cars or iss1;1e in lie1;1 thereof a ne•,1y information cars a menses or correctes in accorsance with s1;1ch assitional information, ans 1;113on recei13t of notification to ret1;1rn an•r information cars for amensment or correction or new iss1;1e as 13ro11ises in this section, the association or 13erson ·,•,·ho files the notice of intention for the solicitation for which an•r s1;1ch cars was iss1;1es m1;1st wesent s1;1ch recall es information cars to the se13artment within 48 ho1;1rs from the time of recei13t of the notification. U13on reei1;1est therefor by the se13artment, all information carss iss1;1es 1;1nser the 13rovisions of this article shall be ret1;1rnes to the se13artment 1;113on com13letion of the solicitation for ',¥hi ch they are iss1;1es or at the e1E13iration of the 13erios for ,,.,,hich they are val is. It shall be 1;1nlawfol for any association or solicitor not to com13ly with each ans every 13rovision of this section. (Ors. No. 90 11, § 3, 3 €i 90)
Sec. 11 1:0 1:4. StateRlent ef centriln~tiens.

E11ery association ans 13erson soliciting any contrib1;1tion within the city for any charitable 131;1r13ose m1;1st file with the se13artment, within 30 says after the close of an•r s1;1ch solicitation or within 30 sa•rs after a semans therefor by the se13artment, a re13ort to the se13artment, stating the contrib1;1tions sew res from or as a res1;1lt of any s1;1ch solicitation, ans, in setail, all m113enses of or connectes with s1;1ch solicitation, ans showing e11act1,,. for \\'hat 1;1se ans in what manner all s1;1ch contrib1;1tions were or are to be sisb1;1rses or sistrib1;1tes. E11er>y< s1;1ch re13ort shall be mase on forms to be fornishes by the se13artment, ans sign es by the 13erson or association filing or obligates to file the notice of intention for s1;1ch solicitation 13rovises for in section 11 10 11. S1;1ch re13ort, if mase by any s1;1ch association, shall be signes by at least two officers thereof. When any s1;1ch solicitation is mase by any association, s1;1ch re13ort nees be files only by s1;1ch association ans not by an insi11is1;1al solicitor engages in any s1;1ch solicitation. It shall be 1;1nlawf1;1I for any association or solicitor not to com13ly with each ans e•Jer>r 13ro11ision of this section.
(Ors. No. 90 11, § 3, 3 €i 90)

5ec. 11 l:O l:S. 5elicitatieR eR pi:.blic preperty.

It shall be l,mlawful for an•t person to solicit or for any officer or rnernber of an•t association to solicit ,,.,1ithin the city any contribution, for any purpose whatsoever, by rneans of any boH or receptacle, upon or in an•t public parl<, street or alle•t within the city, or upon or in any publicly own eel or control I eel place or prernises 1,vithin the city, eiwept by writt en perrnission of the elepartrnent. (Orel. ~lo. 90 11, § 3, 3 6 90)
5ecs. 11 l:O u; 11 l:O 20. Reseri.ieEI.
5ec. 11 l:O 21:. i;:iRaRcial receres.

It shall be unlawful for any person to solicit within the city any contribution for any charitable purpose for or on behalf of an•t association, unless such association is rnaintaining a systern of accounting whereb•t all elonations to it anel all elisbursernents rnaele by it are entereel upon the bool<s or recorels of its treasurer or other financial effi€ef-:-
(Orel. ~lo. 90 11, § 3, 3 6 90)
5ec. 11 l:O 22, i;MceptieRs te article.

The pro•,isions of sections 11 10 3 to 11 10 21, both inclusive, shall not be applicable to any solicitation rnaele upon prernises owneel or occupieel by the association upon whose behalf such solicitation is rnaele, or to any solicitation for the relief of any inelivielual specifieel by narne at the tirne of the solicitation where the solicitor represents in each case that the entire arnount collecteel, without any eleeluction whate•.«er, shall be turneel over to the narneel beneficiary; nor shall they be applicable to any association soliciting contributions solely frorn persons who are rnernbers thereof at the tirne such solicitation; nor shall they be applicable to solicitations rnaele solely for e•,angelical, rnissionary or religious purposes. In any case where it shall corne to the attention of the city council that any solicitation has been or is being inteneleel to be rnaele within the city for e•,angelical, rnissionaP( or religious purposes but in such rnanner as in the opinion of the elepartrnent is calculateel to give or rnay gi•,e the irnpression to the persons soliciteel in any such solicitation or to the public that the purpose of such solicitation is either in whole or in part charitable, then the elepartrnent, if in its opinion the public interest will be ser¥eel thereb•t, shall investigate the rnatter of such solicitation anel give publicity to its finelings thereon in such rnanner as it rnay eleern best to aelvise the public of the facts of the case. (Orel. ~lo. 90 11, § 3, 3 6 90)
5ec. 11 l:O 2i. Waii.,ier ef pre¥isieR5,
The elepartrnent is hereby ernpowereel to waive the ,,.,,hole or any part of the pro¥isions of sections 11 10 3 to 1110 13, both inclusive, as anel if the elepartrnent shall eleern such waiver necessary when anel only in the case of an•t charitable association applying for such wai¥er for the purpose of rneeting any m<traorelinary ernergency calarnity when tirne is of the essence 1,vith respect to neeeleel succor or relief. (Orel. ~lo. 90 11, § 3, 3 6 90)
§§ 11-10-5- 11-10-23. Reserved.

§ 11-10-24 Correct name of solicitor and association to be used.

It shall be unlawful for any person or association, in making any solicitation for any charitable purposes or association within the city, or in connection with any such solicitation, to use or to give any person or association whomsoever either a fictitious name or any alias or any other than their or its own, full true and correct name, or to make any such solicitation without at the time giving to the person or association solicited for such contribution the full, true and correct name of the person or association soliciting, or to impersonate any other person or association in making such solicitation.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-10-25- 11-10-29 Reserved.

SUBCHAPTER 2. BINGO GAMES
§ 11-10-30 Permitted games; conduct of games.
(A) Bingo games are hereby permitted in the city, provided such games are conducted only by organizations exempted from the payment of the bank and corporation tax by California Revenue and Taxation Code§§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011, and by mobile home park associations and senior citizens organizations, and provided that the proceeds of such games are used only for charitable purposes, and provided a license is obtained therefor pursuant to Title 5, Chapter 3, Subchapter 18. Bingo games conducted pursuant to this section must be conducted in accordance with the provisions of California Penal Code§ 326.5 and as provided in this subchapter.
(B) Only those bingo games which have all of the characteristics of ordinary bingo or pull tab bingo set forth in this section are permitted. Pull tab bingo is permitted only in conjunction with ordinary bingo games. No cards or prizes for pull tab bingo shall be distributed at any time other than during an ordinary bingo game ..

No bingo game featuring pull tab bingo exclusively is permitted. (C) The total prize money awarded in any ordinary bingo game or pull tab bingo game shall not exceed $250.00 $500.00 in cash or kind, or both, for each separate game which is held. However, a maximum of $250.00 in ~ $500.00 in cash or kind, or both, for each pull tab bingo game may be awarded separately, and in addition to the maximum of $250.00 in t3rizes$500.00 awarded for each ordinary bingo game during which a pull tab bingo game is conducted.
(D) Ordinary bingo means a game with all of the following characteristics:
(1) The participants use bingo cards that are divided into 25 spaces arranged in five horizontal and five vertical rows of spaces, with each space, except the central space, being designated by a combination of a letter and a number and with the central space being designated as a free space; (2) The participants mark or cover the spaces on the bingo cards that correspond to combinations of letters and numbers that are announced by a bingo game operator; (3) A bingo game operator announces combinations of letters and numbers that appear on objects that a bingo game operator selects by chance, either manually or mechanically, from a receptacle that contains 75 objects at the beginning of each game, each object marked by a different combination of a letter and a number that corresponds to one of the 75 possible combinations of a letter and a number that can appear on the bingo cards;

(4) The winner of the bingo game includes any participant who properly announces, during the interval between the announcements of letters and numbers as described in division (D)(3) above, that a predetermined and preannounced pattern of spaces has been marked or covered on a bingo card being used by the participant;
(5) A prize is awarded to the winner of the bingo game; and (6) All or any of the participants have paid or promised to pay any valuable consideration for the right to participate in the bingo game, or, where none of the participants have paid or promised to pay any valuable consideration for the right to participate in the bingo game, the total value of the prize awarded in such game exceeds $25.00.
(E) Pull tab bingo means a game with all of the following characteristics:
(1) The participants use cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes;
(2) The winning cards are not known prior to the game by any person participating in the playing or operation of the bingo game;
(3) The number or symbol or configuration of numbers or symbols on a card which will constitute a winning card, and the amount in prize money which will be awarded for each winning number, symbol or configuration of numbers or symbols, are determined before any cards in a particular game are distributed;
(4) All the preprinted cards bear the legend, "For sale or use only in a bingo game authorized under state law and pursuant to local ordinance," and are printed with information describing the number or symbol or configuration of numbers or symbols which will constitute a winning card and the amount in prize money which will be awarded for each winning number, symbol or configuration of numbers or symbols, and are stamped with the date of distribution; (5) The winner of the bingo game is determined by the participants' removing the material concealing the preprinted numbers or symbols on the cards;
(6) The winner of the bingo game is any participant on whose card is printed the number or symbol or the configuration of numbers or symbols predetermined to be a winning number or symbol or configuration;
(7) The prize is awarded to the winner of the bingo game; (8) The prize for each game of pull tab bingo is awarded during the same ordinary bingo game in which the cards for such pull tab bingo game are distributed; and (9) All or any of the participants have paid or promised to pay any valuable consideration for the right to participate in the bingo game, or, where none of the participants have paid or promised to pay any valuable consideration for the right to participate in the bingo game, the total value of the prize awarded in such game exceeds $25.00.
(F) (1) The form of application for conducting bingo games shall specify the name of the organization the frequency with which bingo games will be held, the location in which bingo games will be held, the name of the person who will be responsible for the conduct of the games and the name of the person responsible for keeping the financial records of such activity, and provide for proof that the organization is exempt from the payment of bank and corporation tax by California Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 2370l e, 2370lf , 23701g and 237011, or that the organization is a mobile home park association or a senior citizens' organization. The proof of exempt status required in this division (F)(l ) must consist of a copy of the application for exempt status sent to the California Franchise Tax Board, and a certified copy of the letter from the Franchise Tax Board granting such exempt status.

fil An application for a license shall not be filed unless the applicant is a qualified organization which has owned or leased property within the city that was used by the applicant for the performance of the purposes for which it is organized for at least 12 months immediately preceding the filing of such application, and the property upon which any bingo game is to be conducted is property so owned or leased by the applicant. The licensee shall inform the issuing officer of any revocation of its tax-exempt status. (3) A fee in an amount established by resolution of the City Council shall accompany each bingo license application.
(G) Any organization whose bingo license has been denied or revoked may not apply for a license to conduct any bingo games for a period of one year from the date notice of such denial or revocation was served on it, or, if affirmed an a1313eal by the eity eauneil as 13ravided in seetian 5 2 19 after contesting at a hearing as provided in§ 11-10-31, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under California Revenue and Taxation Code§§ 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(1), such organization may again apply for a bingo license upon proof of reinstatement of such exemption.
(H) Each licensee shall have written policies incorporated in its constitution, articles, bylaws or other regulations setting forth the manner in which a person may become a member of the organization. Absent any such written policies, it shall be presumed that the organization has no members who may operate or staff bingo games within the meaning of California Penal Code§ 326.5. (I) Every member of the organization who operates or staffs bingo games or distributes cards or prizes for bingo games shall wear a distinctive identification badge bearing the name of the member and the name of the organization. Each licensee shall keep a list of members of the organization who are authorized to staff the operation of the bingo games or distribute cards or prizes for bingo games, which list shall be made available to any peace officer requesting the list. Members staffing bingo games or distributing cards or prizes for bingo games shall not be paid a wage, salary or profit for such duties. (J) A licensee shall report changes of its officers to the issuing officer, as defined in § 5-2-1, within ten days of such change.
(K) Before operating any pull tab bingo game, each licensee shall report in writing to the issuing officer a description of how and when pull tab bingo cards will be distributed by the licensee, and how, when and in what amounts prizes for pull tab bingo will be distributed by the licensee. Before operating any pull tab bingo game, each licensee also shall submit to the issuing officer an exemplar of all pull tab bingo cards intended for distribution. Whenever a licensee changes any procedure in the operation of its pull tab bingo games, the licensee shall report the change in writing to the issuing officer. Whenever the pull tab bingo cards change, the licensee shall submit to the issuing officer exemplars of the changed cards intended to be distributed. (L) The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all monies collected, disbursed and distributed available to the issuing officer for inspection at all times during any bingo game and during the licensee's normal business hours. (M) The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts and other related documents which pertain to all monies and other forms of income collected in connection with the conduct of any of its bingo games, disbursed for expenditures in connection therewith and remaining or distributed for charitable purposes. Such records shall be clearly identified and readily accessible. Officials of the city shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with such officials by making such records available. (N) (1) At three-month intervals, each licensee shall render to the issuing officer a written accounting of all bingo games held during the three months preceding the date of the accounting. (2) Each such accounting shall contain the following information for the period covered by the accounting:
(a) The total number of ordinary bingo cards distributed by the licensee;

(b) The total number of pull tab bingo cards distributed by the licensee; (c) The total number of ordinary bingo games conducted by the licensee; (d) The total number of pull tab bingo games conducted by the licensee; (e) The total amount of money collected by the licensee from the sale of bingo cards; (f) The total prize money awarded in bingo games;
(g) The total costs of the licensee, other than prizes, attributable to the operation of bingo games; (h) The licensee's net income from bingo games; and
(i) The number and location of the separate fund or account in which the licensee keeps the proceeds derived from bingo games.
(0) A licensee may conduct bingo games on only two days during any seven-day period. This limitation shall preclude a licensee from conducting a bingo game at the location authorized pursuant to the license where such licensee has conducted two bingo games at any other location pursuant to such license or pursuant to any other license issued by the city during the seven-day period. Any location approved pursuant to a license for the conduct of bingo games may be utilized for the conduct of such games on only two days during any seven-day period regardless of the number of licensees permitted to conduct bingo games at such location.

Once during each calendar year, the chief of police issuing office may permit a licensee to conduct bingo games for more than two days during any seven-day period, provided that such permission shall be limited to bingo games which will be conducted in conjunction with an established annual event regularly held by the licensee, such as an annual festival, bazaar or similar event. A licensee may not conduct bingo games between the hours of 12:00 midnight and 12:00 noon.
(P) A licensee shall not permit players in excess of 500 to participate in any single bingo game. (Q) The chief of police issuing officer may prescribe such regulations with respect to the conduct of the games and the equipment and cards used by the licensee as they deems necessary to ensure the fairness and integrity of the games and the accountability of the funds collected. (R) Any violation of this section shall be a misdemeanor. Any violation of this section shall be grounds for revocation of the license issued for the operation of bingo games. (S) No license issued under the terms of this subchapter shall be transferable, and no such license shall be displayed or used in conjunction with any activity other than the licensed business or by any person other than the licensee or their employee, nor at any location other than that indicated on the license and application.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-10-31. Bingo License Procedures.
(A) (1) Prior to issuing the license, the issuing officer shall make such investigation as they deem necessary to determine whether the applicant meets the requirements and qualifications for such license, and shall thereafter either issue a license to the applicant or shall notify the applicant in writing that their application is denied in accordance with the procedures set forth in Title 5, Chapter 2. The issuing officer may consult with and ask for a recommendation from any city or county off icer or department prior to the issuance of a license under this subchapter, and shall, at the request of any city or county officer or department, supply such officer or department with a copy of any such license or application therefor. (2) The issuing officer shall deny the application for a license if they find that the applicant does not fulfill the specific requirements for such license as set forth in this subchapter or the issuing officer makes any findings necessary to deny a license under§ 5-2-5.

(B) After denial of an application for bingo license, or after denial of renewal of such license, or after suspension or revocation of such a license, the applicant, or person to whom the permit was granted, may seek review of such an administrative action in accordance with the provisions of Title 5, Chapter 2.

Chapter 11 UNLAWFUL EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS Subchapter 1. Exposure by Waiters, Waitresses and Entertainers, §§ 11-11-1- 11-11-13
Subchapter 2. Exposure by Performers in Public,§§ 11-11-14- 11- 11-25
Subchapter 3. Exemption ofT heatrical Establishments,§ 11-11-26 SUBCHAPTER 1. EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS § 11-11-1 Prohibited acts.

Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or entertainer in an establishment which serves food, beverages, or food and beverages, including but not limited to alcoholic beverages, for consumption on the premises of such establishment:
(A) Exposes their genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; (8) Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or (C) Exposes any portion of the female breast at or below the areola thereof. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-11-2 Procuring or assisting violation.

Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in§ 11-11-1.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-11-3 Persons deemed employees.

A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity, without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-11-4- 11-11-13 Reserved.

SUBCHAPTER 2. EXPOSURE BY PERFORMERS IN PUBLIC
§ 11-11-14 Prohibited acts.

Every person is guilty of a misdemeanor who, while participating in any live act, demonstration or exhibition in any public place, place open to the public or place open to the public view:
(A) Exposes their genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; (B) Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or C) Exposes any portion of the female breast at or below the areola thereof. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-11-15 Procuring or assisting violation.

Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in § 11-11-14. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-11-16- 11-11-25 Reserved.

SUBCHAPTER 3. EXEMPTION OF THEATRICAL ESTABLISHMENTS
§ 11-11-26 Exemption of theatrical establishments.

The provisions of subchapter 1 and subchapter 2 shall not apply to a theater, concert hall or similar establishment which is primarily devoted to theatrical performances. (Ord. 90-11, § 3, passed 3-6-90)
Chapter 12 NUDITY 0~ PU9blC 9JiJ'.CMJii , IN PARKS OR WITHIN PUBLIC VIEW Subchapter 1. Prohibition of Public Nudity,§§ 11-12-1- 11-12-13 Subchapter 2. Exemption ofT heatrical Establishments,§§ 11-12- 14- 11-12-24
Subchapter 3. Severability, § 11-12-25
SUBCHAPTER 1. PROHIBIT/ON OF PUBLIC NUDITY
§ 11-12-1 Findings of fact.

The city council finds and determines as follows:

(A) It is the policy of the city that the public beaches, parks and places of the city shall be available for the use and enjoyment of the public to the maximum extent possible. (B) It is further the policy of the city that members of the public are entitled to use the public beaches, parks and places of the city without being subjected to offensive conduct by other members of the public.
(C) The presence of persons who are nude and exposed to public view in or on public rights-of-way, public parks, 131:Jblic beaches or any other public land, or in or on any private property open to public view from any public right-of-way, public beach, public park or other public land, tends to discourage the use and enjoyment of the public beaches, parks and places of the city, creates a nuisance and is offensive to members of the public who wish to use and enjoy such public beaches, parks and places, and who are unwillingly exposed to such persons.
(D) The prohibition of nude persons from public places, places open to the public and places open to public view is necessary to preserve and maintain the public order and the general welfare of the citizens of the city.
(E) It is the intent of the city council to prohibit nudity in public places, places open to the public and places open to public view, even when such nudity is not sexually motivated or otherwise lewd. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-12-2 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Nude. Devoid of an opaque covering over any one of the following parts of the human anatomy: the genitals, pubic hair, buttocks, natal cleft, perineum, anal region, pubic hair region, or any portion of the female breast below the top of the areola thereof.

Public right-of-way. Any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes but is not limited to a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, square and any other similar public way or place. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-12-3 Prohibited acts.
(A) Every person over the age of ten years is guilty of a misdemeanor who is nude and exposed to public view in or on any public right-of-way, public park, 131:Jblic beach or waters aEljacent thereto, or other public land, or in or on any private property open to public view from any public right-of-way, 131:Jblic beach, public park or other public land.
(B) The provisions of this section shall not apply to any acts which take place wholly within a fully enclosed building or any portion thereof, and nothing contained in this section shall be construed to prohibit any act which is expressly authorized or not prohibited by the California Penal Code. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-12-4- 11-12-13 Reserved.

SUBCHAPTER 2. EXEMPTION OF THEATRICAL ESTABLISHMENTS
§ 11-12-14 Exemption of theatrical establishments.

The provisions of subchapter 1 shall not apply to a theater, concert hall or similar establishment which is primarily devoted to theatrical performances.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-12-15- 11-12-24 Reserved.

SUBCHAPTER 3. SEVERABILITY
§ 11-12-25 Severability.

If any subchapter, section, division, sentence, clause, phrase or portion of this chapter, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons or places. The city council hereby declares that it would have adopted this chapter, and each section, division sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, divisions sentences, clauses, phrases or portions or the application thereof to any person or place are declared invalid or unconstitutional.
(Ord. 90-11, § 3, passed 3-6-90)
Chapter 13 ITEM PRICE MARKIN<; ON PACKA<;ED CONSUMER

COMMODITIESRESERVED
§ 11 la 1 QetiRiti9R§,
For Hie pl:lrpose of this chapter, the following definitions shall apply 1:Jnless the contmct clearly indicates or reei1:Jires a diff erent meaning. /\t,JteR'letic checke"'t s~'SteR'l. An electronic system employing a scanning de11ice comained with a comp1:Jter and register to read a Uni11ersal Prod1:Jct Code or similar code on packaging and display and total the cost of the items p1:Jrchased.

UJRSl,JR'ler COR'lR'lOGi~ •-
(1) l=ood, incl1:Jding all material, whether solid, liE11:Jid or mi>ced, and whether simple or compo1:Jnd, which is 1:Jsed or intended for cons1:Jmption a•r h1:Jman 13eings or domestic animals normally l(ept as ho1:Jsehold pets, and all s1:Jastances or ingredients added to an•r s1:Jch material for any pl:lrpose. This definition shall not apply to individ1:Jal pacl(ages of cigarett es or individ1:Jal cigars;
(2) Paper and plastic prod1:Jcts s1:Jch as 131:Jt not limited to napkins, facial tiss1:Jes, toilet tiss1:Jes, foil wrapping, plastic wrapping, paper toweling and disposaale plates and C1:Jps; (3) Oetergents, soaps and other cleaning agents; and
(4) Pharmace1:Jticals, incl1:Jding nonprescription dF1:Jgs, 13andages, h•rgiene prod1:Jcts and toiletries.

GroEet1• <iepertffl eRt. /\n area ',Yithin a general retail merchanelise store which is engageel primarily in the retail sale of packageel fooel, rather than fooel prepareel for immeeliate cons1:1mption on or off the premises.

Grow ,-,,· stare. I\ store engageel primarily in the retail sale of packageel fooel, rather than fooel prepareel for cons1:1mption on the premises.

P.erseR. /\n ineliviel1:1al, firm, corporation, partnership, association or other organi2ation, gro1:1p or comeination acting as a 1:1nit.

Sele iteffl or spedel. /\ny cons1:1mer commoelity offereel in gooel faith for some appropriate time perioel, on sale at a price eel ow the normal price that item is 1:1s1:1ally solel for in that store. (Orel. 9Q 11, § 3, passeel 3 6 9Q)
§ 11 li 2 Marl,iRg ef prices r@Etwired; @HceptieRs,
e1,ery retail grocery store or grocery elepartment within a general retail merchanelise store which 1:1ses an a1:1tomatic checko1:1t system shall ca1:1se a clearly reaelaele price to ee inelicateel on each paclmgeel cons1:1mer commoelit·r off ereel for sale; however, s1:1ch req1:1irement shall not appl·r to:
(/\)/\ny 1:1npackageel fresh fooel proel1:1ce;
(B) An•r cons1:1mer commoelity 1:1neler three c1:1eic inches in sirn anel 1,veighing less than three 01:1nces anel priceel for less than SG.3Q;
(C) Any grocery e1:1siness which has as its only reg1:1lar employees the 01,vner thereof, or the parent, spo1:1se or chilel of s1:1ch owner, or, in aelelition thereto, not more than two other persons emplo·reel on a reg1:1lar scheel1:1le for a contin1:1ing perioel of time;
(D) lelentical items within a m1:1lti item paclEage;
(e) Items solel thro1:1gh a 1,eneling machine;
(!=) /\ny cons1:1mer commoelity which was not generally item priceel as of Jan1:1ary 1, 1977, as eletermineel ey the California elepartment of fooel anel agric1:1lt1:1re; anel (G) /\n•r cons1:1mer commoelity offereel as a sale item or as a special. (Orel. 9Q 11, § 3, passeel 3 6 9Q)
§ 11 U i Pe Ra It'/ fer •1ielatieR ef cl:iapter; preswFRptieRs, (A) .'\ny person intentionally violating any of the provisions of § 11 13 2 shall ee eleemeel g1:1ilty of a miselemeanor, anel 1:1pon con·,iction thereof shall ee s1:1eject to a fine of not less than SlGQ.QQ anel not more than SSGQ.QQ, or ey imprisonment for a term of not more than si1< months, or ey eoth s1:1ch fine anel imprisonment.
(B) !=ail1:1re to ha·,e a clearly reaelaele price inelicateel on 12 1:1nits of the same item of the same commoelity shall give rise to a ree1:1ttaele pres1:1mption of intent to 1,iolate § 11 13 2. (C) each aelelitional 12 1:1nits of the same item that fail to have a price inelicateel on them shall constit1:1te a separate violation of § 11 13 2.
(D) each elay that a violation contin1:1es after notification thereof ey any person to the grocery store or elepartment manager or assistant manager shall constit1:1te a separate violation anel shall constit1:1te a pres1:1mption of intent to violate § 11 13 2.

(Ord. gg 11, § 3, passed 3 e 9Ql
§ 11 li 4 l!Hen:iptioR for p1,1rposes of @Mperin:ieRtatioR. (Al IA erder te perFRit ei1periFReRtatieR with a1,1teFRatie ehed,e1,1t svsteFRs, eaeh perseR eperatiRg eRe er FR ere stares as deserieed iR § 11 13 2 withiR the eity FRay eperate Rat t e ei1eeed eRe ef its stares 1,vithe1,1t eeFRpliaRee with the pre1,isieRs ef § 11 13 2.
(Bl /\Ry perseR daiFRiRg s1,1eh eiwFRptieR shall Retif•r the eity elerk iR writiRg ef the RaFRe a Rd address ef eaeh stare deserieed iR § 11 13 2 iR tf::le eit>;, aRd shall alse desigRate thereiR whieh stare shall ee eiwFRpt freFR tf::le previsieRs ef s1,1eh seetieR. eaeh stare se eiwFRpted shall pest a sigR withiR 2Q feet ef eaeh e1,1steFRer eRtraRee therete, se plaeed as te ee elearl•r 1,isiele te e1,1steFRers, statiRg that the stare 1,1ses aR a1,1teFRatie ehed,e1,1t s·rsteFR a Rd that eeRs1,1FRer eeFRFRedities are Rat iRdivid1,1ally priee FRarl,ed. (Ord. gg 11, § 3, passed 3 e 9Ql
Chapter 14 NUISANCES
Subchapter 1. Statement of Purpose,§ 11-14-1- 11-14-10
Subchapter 2 Prohibition Against Maintenance of Nuisances, §§ 11- 14-11- 11-14-100
Subchapter 3 Enforcement and Abatement,§§ 11-14-101- 11-14- 199
Subchapter 4 Penalties, §§ 11-14-200- 11-14-299
SUBCHAPTER 1. STATEMENT OF PURPOSE
§ 11-14-1 Purpose and intent of chapter.
(A) Nuisance conditions are off ensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private) and/ or are hazardous or injurious to the health, safety, or welfare of the general public. The purpose of this chapter is to provide remedies for public nuisances.

This chapter is not exclusive and is supplementary to other remedies provided in this Code and other state and ordinance sanctions for maintenance of nuisances and provisions for abatement of nuisances. (B) The purpose and intent of this chapter includes:
(1) To further define as nuisances and violations those conditions and uses of land that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/ or hazardous or injurious to the health, safety, or welfare of the general public; (2) To develop regulations that will promote the sound maintenance of property and enhance the conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the city;
(3) (a) To provide additional enforcement tools to protect public and private property from acts of vandalism and defacement.
(b) Such acts are destructive of the rights and values of private property owners as well as of the entire community. It is the further intent of the city council, through the adoption of this chapter, to provide

notice to all those who disregard the property rights of others, that the city will strictly enforce the law and seek prosecution against those persons engaging in the defacement of public or private properties. (4) To establish administrative procedures for the city's use, upon its election, to, correct or abate violations of this chapter on real property throughout the city. The procedures for abatement in this part shall not be exclusive and shall not, in any manner, limit or restrict the city from pursuing any other remedies available by law, whether civil, equitable or criminal, or from enforcing city codes and adopted ordinances, or from abating or causing abatement of nuisances, in any other manner provided by this Code or any other provision of law. The determination of which remedy to use to resolve any nuisance shall remain in the city's sole discretion.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-2 Definitions.

For purposes of this: chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abandoned. Any building, facility, structure, use, or operation of which has ceased or been suspended; any real property, personal property, or any other item, object, thing, material, or substance on public or private property that, by its condition of damage, deterioration, disrepair, use, non use, suspension or cessation of operations, obsolescence or location, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto, or that the building, facility, structure, real property, personal property, or other item, object, thing, material or substance cannot be used for its intended or designed purpose.

Abatement Proceedings. The process used by the city to abate a nuisance pursuant to California Government Code§ 38773.5.

Attractant. Any substance which could reasonably be expected to attract a wild animal or does attract a wild animal, including but not limited to, garbage, trash, food products, pet food, feed, grain, salt, or any other edible thing.

City. City of Laguna Niguel.

City Manager. The City Manager of Laguna Niguel or their designee(s).

City personnel. Any city employee, representative, agent, contractor, or service provider designated by the city manager, or designee, to abate a public nuisance.

Controlled substances. Any substance that is declared by state or federal law to be a controlled substance.

Director. The Community Development Director of the city or their designee(s).

Hazardous materials. Any material or substance of any kind that is declared by any federal, state, or local law, ordinance, or regulation to be composed of hazardous material.

Hearing Offi cer. The person designated by the City Manager to hear hearings from notices or decisions issued under this chapter or other applicable portions of the code.

Junk. Includes, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. Junk may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its:
(1) Condition of damage, deterioration, disrepair or non use»

(2) Approximate age and degree of obsolescence-
(3) tocationj-
(4) Present operability, functional utility and status of registration or licensing, where applicable; and (S) Cost of rehabilitation or repair versus its market value.

Non-domesticated mammalian predator. Means, but is not limited to, coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats.

Non-domesticated rodent. Means, but is not limited to, rats, mice, and ground squirrels.

Owner. With reference to real property, means any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the County assessor's office. Owner, with reference to personal property, means any person who has legal title, charge, control or possession of such personal property. Owners include persons with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians or receivers. The owner of any property within the city has the primary responsibility for keeping the property free of public nuisances. Tenants and occupants of the property shall be deemed to be the agents of the Owner.

Person. Any natural person, firm. Partnership, association, corporation, organization or entity of any kind, or such person's authorized representative.

Personal property. Property that is not real property, and includes, without limitation, any appliance, furniture, article, device, equipment, item, material, product, substance or vehicle.

Property. Any personal property or real property of any kind.

Real property. Any land and any improvements, fixtures, buildings, and other structures of any kind located on or attached to land.

Responsible person. A responsible person as defined in§ 1-3-12.

Vacant. Real property or any building or structure thereon that is not legally occupied. Factors that may be used, either alone or in combination, to determine whether real property, or buildings or structures thereon, is vacant include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/ or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential and/ or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

Vehicle. (1) Any device by which any person or property may be propelled, moved, or drawn upon a highway or other public right-of-way, and includes all vehicles as defined by the California Vehicle Code§ 670, and all future amendments thereto. Vehicle does not include devices that are:
(a) propelled exclusively by human power such as bicycles and wheelchairs; or (b) used exclusively upon stationary rails or tracks.
(2) In addition:
(a) Motor vehicle means a motor vehicle as defined in California Vehicle Code § 415; and (b) An inoperative motor vehicle includes, but is not limited to, a vehicle that cannot be immediately started and driven due to a lack of fuel, lack of necessary parts, a malfunctioning engine or other malfunctioning systems or parts, a lack of one or more wheels or tires or a complete or nearly complete lack of air in any of the vehicle's tires.

Wildlife rehabilitator. Any person acting on behalf of a wildlife rehabilitation facility with a valid permit or license from the State Department of Fish and Wildlife. (Ord. 2020-205, § 3, passed 8-4-20)
§§ 11-14-3- 11-14-10 Reserved.

SUBCHAPTER 2. PROHIBITION AGAINST MAINTENANCE OF NUISANCES § 11-14-11 Public nuisance defined; prohibited.
(A) For purposes of this chapter, "public nuisance" or "nuisance" means anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway, as determined by the director of community development or their designee. All conditions hereafter enumerated in this chapter, or that otherwise violate or are contrary to any provision of the Municipal Code, are nuisances by definition and declaration, and unlawful, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A nuisance shall also exist when a person fails to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the Municipal Code. Division (B) below sets forth a non-exclusive list of examples of a public nuisance or nuisance subject to this chapter.
(B) It is further hereby declared a public nuisance and unlawful for any person owning, leasing, occupying, or having charge, possession or control of any property within the city, to allow, cause, create, maintain, or suffer, or permit others to cause, create, maintain, or suffer, any of the following conditions on such property, buildings, or other structures:
(1) Violations of codes, ordinances, and statutes. Any violation of any provision of the Municipal Code, or any statute, ordinance, or regulation of the state, the county or any other public agency adopted by reference by the city;
(2) Abandonment. Abandoned, broken or neglected equipment, and machinery, pools, ponds, excavations, wells, shafts, basements or other holes, refrigerators or other appliances, shopping carts, motor vehicles, any unsound structures, skateboard ramp, or accumulated lumber; (3) Feeding of wild animals.
(a) Prohibitions.

1. Feeding, or allowing, causing or permitting the feeding of, any wild birds on public property;

2. Depositing on or in any public street, public right of way, sidewalk, public building, public parking lot, park or any other public property within the city any food or other attractant that can be consumed by birds;

3. Feeding or in any manner providing food or other attractant for one or more wild birds on private property, except that this prohibition does not apply to any person with a bird feeder provided the feeders are suspended on a cable or other device to make them inaccessible to non­ domesticated mammalian predators, non-domesticated rodents, and other wild animals, and the area below the feeders are kept free from the accumulation of seed debris and feces;

4. Feeding or in any manner providing food for one or more non-domesticated mammalian predators, non-domesticated rodents, or other wild animal on public or private property;

5. Leaving or permitting to be left out-of-doors any garbage containing food scraps without first securing said food scraps in trash receptacles or closed containers. (b) Exceptions. The prohibitions in divisions (B)(3)(a)2., (B)(3)(a)3., (B)(3)(a)4. Or (B)(3)(a)5. above do not apply to:

1. Any person who is the legal owner/guardian of the wild animal and the wild animal is kept under a valid license or permit issued by the California Department of Fish and Wildlife, and in compliance with all applicable laws;

2. Any person who feeds or provides food to a trapped, injured, or unweaned wild animal between the time that the agency charged with animal control or its designated agent is notified of the wild animal and the wild animal is picked up by said agency; and

3. A wildlife rehabilitator or any person who is using an attractant to trap an animal in a legally authorized or permitted manner.
(4) Fire hazards. Any dry or dead shrub, branch, leaves, palm frond or tree, combustible refuse or waste or growing material, or the absence of healthful vegetation, which by reason of its size, manner of growth, condition and/ or location, creates, or is likely to cause, create, result in or contribute to an actual or potential fire hazard to a building, structure, crop or other real property or personal property; (5) Graffiti. Causing, permitting, or allowing any graffiti or other defacement of real or personal property to remain on any property, including, but not limited to, on any building, wall, fence, vehicle or structure, for a period in excess of 24 hours and as described in § 11-8-56; (6) Improper premises maintenance. Maintenance of any property in such condition as to become so defective, unsightly, or deteriorated as to cause, in the estimation of the director of community development or designee, substantial detriment to neighboring properties, including but not limited to, any the following:
(a) Maintaining real property, including any land, building or other structure, or any portion thereof:

1. Which has been boarded up for a period in excess of seven consecutive days without a valid demolition or building permit on file with the city's Building Division to abate said boarded up condition;

2. Which has been left open and unsecured from trespassers, children, vandals, or other public access for an unreasonable period of time, and

3. Which is partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used herein, an "unreasonable" period shall mean any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permits and inspections. Factors that may be used by the city to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:
a. The degree of partial construction or destruction and the cause therefor; b. Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others;
c. The degree of visibility, if any, of this condition from adjoining or nearby public or private real property;

d. The scope and type of work that is needed to abate this nuisance; e. The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the nuisance abatement actions;
f. Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions; g. Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city;
h. Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire; and i. Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reason(s) for such delays. (b) Which is in a condition of significant deterioration or disrepair, which may include but is not limited to, broken or failing fences and walls, buildings with crumbling plaster or stucco, peeling paint/lack of paint, broken or inoperable doors or windows, insufficient weatherproofing, water or other structural damage, or broken, cracked, rott ed or buckled exterior walls or roofs, or where such condition otherwise violates, or is contrary to the Municipal Code, or federal or State law.
(c) Which has defective or insuffi cient lighting so as to render it dangerous or detrimental to the public health, safety or welfare for an unreasonable period of time. (d) Which has a front yard, parkway, landscaped setback area or slope visible from the public right­ of-way which lacks turf, other planted material, decorative rock, bark or planted ground cover or covering, or has excessive erosion, so as to cause excessive dust or allow the accumulation of debris.
(e) Which has dead vegetation that constitutes an unsightly appearance. (f) Which has an encroachment in required yard setback areas which is not specifically permitted under this Code.
(g) Which has attractive nuisances dangerous to children in the form of:

1. Hazardous or unfenced pools, spas, ponds, other bodies of water or excavations; or

2. Neglected, broken, unsecured, or abandoned machinery, appliances, or equipment. (h) Any property or portion thereof in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a nuisance as defined by California Civil Code§§ 3479 and/or 3480.
(7) Improper storage. The storage or maintenance inside or upon or inside any property of any of the following:
(a) The keeping, disposal, scattering or accumulation of flammable, combustible, or other materials, including but not limiting to, composting, firewood, lumber, junk, trash, dirt, animal or human feces, debris, packing boxes, pallets, plant cuttings, tree trimmings or wood chips, discarded

items, or other personal property in interior or exterior areas of buildings or other structures or on real property, which:

1. Renders the premises unsanitary or substandard as defined by the California Housing Law, the Building Code of the City, or other applicable local, State, or Federal law, ordinance, rule, or regulation;

2. Causes, creates, results in or contributes to, a fire or safety hazard;

3. Harbors, promotes, or contributes to, the presence of rats, vermin, insects and/or other disease carriers; or

4. Causes, creates, or contributes to, an offensive odor. (b) The storage of hazardous or toxic materials or substances on any property, in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, state or federal laws or regulations; (c) Trailers, campers, boats or motor vehicles present on vacant real property, or in front yard areas of developed lots other than in driveways;
(d) 1. Inoperative, abandoned, wrecked or dismantled vehicles or parts thereof present on any real property for a period in excess of ten consecutive days, excepting vehicles or parts thereof which are completely enclosed within a building.

2. This section shall not apply to a vehicle or part thereof which is completely enclosed within a building in a lawful manner or where it is not visible from a street or other public or private property. This section shall also not apply to a vehicle or part thereof which is stored or parked in a lawful manner on private real property in connection with the lawfully authorized and permitted business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined in this chapter or in any provisions of law other than this chapter. (e) Abandoned, broken or discarded furniture, household appliances or equipment visible from a public street or other public or private real property for a period in excess of seven consecutive days;
(f) Furniture, other than lawn or patio furniture, on porches, or in required front or side yards for an unreasonable period of time;
(g) Garbage cans or refuse and recyclable receptacles as described in § 6-3-45 in front or side yards and visible from a public street or other public right-of-way, except as permitted by Title 6 of this Code;
(h) Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained for construction-type activities or businesses that is kept parked, placed, or stored on public or private real property, except when such item is being used during excavation, construction, or demolition operations at the site where said equipment machinery or vehicle is located pursuant to an active permit issued by the city; and (i) Obstructions of any kind, cause, or form that interfere with required light or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.
(8) Improper uses. Using, maintaining, allowing, permitting or causing any of the following on real property, including land, building or structure:
(a) The use of private real property for the recreational driving of any motor vehicle or other vehicle of any kind, including but not limited to, a motorized bicycle, moped, motor-driven cycle,

motorized scooter, as such terms are defined by the California Vehicle Code. This provision does not apply to a motorized self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian;
(b) The use of any building or other structure, or portion thereof, for living, sleeping or cooking purposes when such building or other structure or portion thereof was not designed or intended to be used for such occupancies;
(c) The use of any real property, including any land, building or other structure, or portion thereof, in any manner not permitted by Title 9;
(d) The use of real property, including any land, building or other structure, for any business or other activity inconsistent with or in violation of the terms and conditions of applicable zoning and land use approvals and approved plans granted by the city;
(e) The use of real property conducted without a valid certificate of occupancy, or which has a certificate of occupancy inconsistent with the actual occupancy of the real property; (f) Any condition to occur on any real property, or conducting any use of real property, that conflicts with state law or Federal law.
(g) Any discharge of any substance or material, other than storm water, to enter the city's storm sewer system in violation of the Municipal Code or any provision of federal or state law, or any permit issued by the city or any other local, state or federal agency. (9) Infestation. Buildings and other structures shall be kept free from insect and rodent infestation.

Buildings or other structures in which insects or rodents are found shall be promptly fumigated to exterminate and/or otherwise eliminate the infestation, by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. Failure or refusal to comply with any provision of this Subsection shall constitute a public nuisance.
(10) Erosion and subsidence. Land, the topography, geology, or configuration of which, whether in natural state or as a result of grading operations, excavation, fill, or other alterations, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to or adjacent or other properties, or to the public health, safety and welfare. (11) Overgrown or dead vegetation.
(a) Vegetation and/ or weeds that:

1. Cause an obstruction to the vision of motorists or a hazardous condition to pedestrian or vehicle traffic;

2. Cause visual obstruction of any street sign and/ or light so as to be detrimental to the public health, safety or welfare;

3. Creates a fire hazard, dangerous condition, or att ractive nuisance to the public, or is likely to cause, create, result in or contribute to a hazard to the public health or safety;

4. Constitutes an unsightly appearance due to the failure to comply with applicable customary and reasonable standards for landscape maintenance of residential, commercial or industrial properties within the city; and

5. Prevents, impedes or otherwise restricts access to electric, water or gas or other utility meters, or to any other public equipment or facilities, by persons representing the city or any other utility or public agency requiring or seeking access thereto.

(b) For purposes of this division (8) 11, it shall be a presumption that any real property upon which weeds exceeding six inches in height creates any of the conditions set forth in divisions (B)(ll )(a)l.

Through (B)(ll )(a)4 above, although weeds of lesser height may also meet such criteria if so determined by the director of community development or their designee. (12) Polluted waters. A swimming pool, spa, pond, excavation containing water, or other body of water which is abandoned, unattended, unfiltered or not otherwise maintained, resulting in the water becoming polluted. For purposes of this section, the term "polluted water" means water which contains bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, waste, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature or location, constitutes an unhealthy or unsafe condition or obscures the bottom of the swimming pool, spa, pond, or other body of water.
(13) Public burning. The intentional outdoor burning of any personal or real property, including but not limited to, any trees, plants, landscaping, vegetation, waste refuse, trash, material, building, structure, item, matter or thing of any kind unless specifically authorized by the fire marshal. This provision shall not prohibit the burning of wood or coals in a properly maintained and operated outdoor grill in connection with preparation of food.
(14) Refuse and waste. The keeping of any refuse or waste on any property for a period in excess of seven consecutive days. "Refuse or waste" shall include, but is not limited to, an accumulation of any of the following:
(a) Any trash or debris of any kind including without limitation: rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal or other pieces of metal, trimmings from plants or trees, cans, bottles or barrels;
(b) The accumulation of any garbage or refuse, human or animal excrement or fecal material, uneaten food or food wastes, waste matter or material that emits an offensive odor or encourages the breeding of flies or other insects;
(c) The accumulation of dirt, litter, fences, or debris in doorways, adjoining sidewalks, parking lots, landscaped or other areas;
(d) Rubbish or trash placed so as to be readily visible from nearby public or private property, except for those times scheduled for collection; or
(e) Any property with an accumulation of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fence, or from which any such material flows or seeps on to any public street or other public or private property. (15) Unsafe buildings and other structures. Any building, flatwork, hardscape or structure which has any of the following conditions or defects:
(a) Any door, aisle, passageway, stairway or other means of exit that is not of sufficient width or size or is not so arranged as to provide a safe and adequate means of exit, in case of fire or other emergency, for persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of exit; (b) Any damage caused by or resulting from earthquake, wind, flood or by any other cause to such an extent that the structural strength or stability of such building or other structure is appreciably less than the minimum requirements of the building code for a new building or similar structure, purpose or location;
(c) Any portion, structural member or appurtenance of a building or structure that is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property;

(d) Any structural member, appurtenance or ornamentation on the exterior of any building or structure, or any portion thereof, that is not of suff icient strength or stability, or is not so anchored, att ached or fastened in place, so as to be capable of resisting wind pressure, earthquake forces, live-load or dead-load as specified in the building code without exceeding the working stresses permitt ed in the building code;
(e) That because of dilapidation, deterioration, decay or faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause or condition, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way;
(f) Is manifestly unsafe for the purpose for which it is used due to any cause or reason whatsoever; (g) Any damage by fire, wind, earthquake or flood or other calamity, or dilapidation or deterioration that constitutes an attractive nuisance to children who might play therein to their danger, or that affords a harbor for trespassers, homeless persons, vagrants, criminals, or immoral persons, or enables persons to resort thereto for the purpose of committing a nuisance, or other unlawful or immoral acts;
(h) Any construction in violation of any specific requirement or prohibition applicable to such building or structure of the building regulations of this as set forth in the Building Standards Codes or California Health and Safety Code, or of any law or ordinance of this state or city relating to the construction, condition, location or structure of buildings; (i) That is used or intended to be used for dwelling purposes, but which because of dilapidation, decay, damage or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to cause injury or be detrimental to the health, safety or general welfare of those living within;
(j) That is used or intended to be used for dwelling purposes that has inadequate light, air and sanitation facilities to protect the health, safety or general welfare of persons living within; (k) That is in such condition as to be a fire hazard or is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause;
(I) Any building that meets the definition of a substandard building in Unifern:i l=leusing Cede chapter 10, as defined in California Health and Safety Code § 17920.3, or the International Property Maintenance Code (IPMC);
(m) Any building or other structure, or any portion thereof, that is maintained in violation of§ 8-1-15; and
(n) Any sidewalk, walkway, driveway, parking lot or any other flat work or hardscape which is debilitated, broken, damaged, or raised to such a degree as to be injurious to property or injurious to persons using said sidewalk, walkway, driveway, parking lot or other flat work or hardscape.
(16) Unlawful signs. Any sign or advertising device or display as defined in regulated under Title 9, erected or maintained in violation of the adopted 2025 California Building Code and related codes orUniforn:i Building Cede, Uniform Electrical Code as adopted by the city, Title 9 of this Code or adopted Specific Plan;
(17) Unsafe swimming pools and other outdoor bodies of water. Any swimming pool, spa, or other outdoor body of water maintained in violation of any of the enclosure requirements contained in Article 2,

Di1dision g of this title, or any other pro11ision of law. The Swimming Pool Safety Act. codified in California Health and Safety Code§§ 115920 et seq., or the provisions ofTitle 9, Chapter 1, Subchapter 2, as applicable; and
(18) Utility cabinets. Any utility cabinet, meter pedestal, transformer, irrigation controller, and other equipment on private property and visible from the public right-of-way that:
(a) is obsolete, dilapidated, deteriorated or damaged;
(b) is leaning or has fallen; or
(c) has faded or peeling paint, rust, or graffiti.
(19) Municipal Code and state law violations. Any and all conditions or uses that are contrary to, or in violation of, any other provision or requirement of this Municipal Code or of any applicable county or state law, or regulation thereof.
(Ord. 2020-205, § 3, passed 8-4-20)
§§ 11-14-12- 11-14-100 Reserved.

SUBCHAPTER 3. ENFORCEMENT AND ABATEMENT
§ 11-14-101 Statutory authority.
(A) The procedure set forth in this subchapter for abatement of nuisances and the making of the cost of abatement of a public nuisance which exists on a parcel of land a special assessment against that parcel is adopted pursuant to California Government Code§ 38771 et seq. and article XI,§ 7 of the California Constitution. The procedure set forth in this subchapter for abatement applies to any matter which is determined to be a nuisance.
(B) The procedure set forth in this subchapter is cumulative and not exclusive, and is in addition to the procedure for abatement which is conferred upon the city by California Civil Code § 3494; California Code of Civil Procedure § 731; and any other applicable provision of law. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-102 Abatement of public nuisances.
(A) All conditions or uses that constitute a public nuisance as defined in subchapter ti or otherwise designated under this code, or that are contrary to, or in violation of, any other provision or requirement of this Code, or of any applicable county or state law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by repair, rehabilitation, demolition, removal or termination. The procedures for abatement in this subchapter are cumulative and non-exclusive and shall not, in any manner, limit or restrict the city from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing city codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law. The city may, by resolution or applicable ordinance, establish fees and other amounts due under this chapter, including for deposits, the filing of a request for hearing, or other hearing fees. (B) In addition to this section, title 1, chapter 3, subchapter 2, may be utilized when applicable to abate nuisances and/or code violations.
(Ord. 2020-205, § 3, passed 8-4-20)

§ 11-14-103 Continuing obligation of responsible persons to abate a public nuisance. (A) No person owning, leasing, occupying or having charge or possession of any property within the city shall allow, cause, create, permit, suffer or maintain a public nuisance to exist an their premises thereon. If public nuisances do arise or occur, responsible persons shall promptly abate them by repair, rehabilitation, demolition, removal or termination in accordance with all required city approvals, permits and inspections, when applicable.
(B) The city may exercise all available city and state administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, available under this Code or otherwise provided by law to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-104 Determination of nuisance.
(A) Whenever the Director reasonably believes a public nuisance exists, they may use the procedures set forth in this division (A) for the abatement of such public nuisance on or may utilize any other procedure authorized ~ The director of community development, or their designee, may determine that any property within the city may constitute a nuisance pursuant to subchapter 2 or any other provision of law, including but not limited to California Civil Code §§ 3479 and 3480, and may initiate proceedings pursuant to this subchapter.

The procedure set forth in this section shall not apply to public nuisances constituting an imminent threat or hazard. In such instances, the provisions of§ 11-14-124 shall apply. (B) The directer of community development shall set forth his or her determination in a letterwhich shall include the following: When the Director determines that a violation of any provision of this chapter is occurring or exists, they may issue a written notice to any person responsible for the violation. Any notice to abate issued pursuant to this section must contain the following information:
(1) The address of the real property on which the nuisance condition(s) exist(s); (2) The canditions which mav canstitute the nuisance; The code section violated and a description of the violation;
(3) /\ citation to the law descrieing or prahieiting the nuisance candition(s); The date of the violation; (4) .0. erief descriptian of the required correctiYe action(s); .'l. description of actions required to correct the violation;
(5) A stated peried of timereasonable compliance period in which to complete the nuisance abatement actions (with all required city approvals, permits, and inspections, when applicable). (6) A statement that if the nuisance is not abated, the city will seek recovery of all administrative costs, including but not limited to reasonable attorneys' fees, incurred in connection with abating the nuisance and a statement that if the nuisance is not promptly abated, such nuisance may be abated by the city, in which case the costs associated with such abatement, including but not limited to reasonable attorneys' fees incurred in connection with such abatement, may constitute a special assessment or lien against the propertvj-
(7) A statement that the city may record a notice of substandard praperty '.'.'ith the county recorder's affice against the premises if the puelic nuisance is not fully aeated or carrected (with all required approvals, permits, and inspections), as determined e•r the city, within a 30 day periad after service of

the lett er and pro¥ided that a timely appeal therefrom has not aeen made.conditions or notice of abatement proceedings pursuant to California Government Code 38773.5(e); and (8) The period and manner in which the nuisance determination may be contested as set forth in§ 11-14-1060-ef this article. No St,JEh right shall exist when the eity is not seeking to estaalish the right to aaate a pt,Jalie nt,Jisanee with eity forees or eontraet agents.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-105 Service of required notices.
(A) Except as otherwise expressly required by this chapter, any notice required by this chapter may ae ser¥ed ay personal deli,1ery to any responsiale person or ay first class mail. The date of serviee shall ae the date it is personally deli•,ered or plaeed in a U.S. Postal Serviee reeeptaele. Failt,Jre of any responsiale person to reeeive a properly addressed notiee ay mail shall not invalidate any aetion or proeeeding pl,JrSt,Jant to this division.

Shall be served in accordance with the methods and procedures set forth in§ 1-3-16. (B) Except as otherwise expressly required by a provision of this chapter, any notice issued to an owner of real property shall be sent to such person's last know business or residence address as it appears in the public records or other records pertaining to the matter which such notice is directed.the mailing address on the last eqt,Jaliced assessment roll and posted prominentl•r on the premises. The notice shall be served and posted not less than 30 calendar days before the date of the hearing. Failt,Jre of any owner to rernive a properly addressed notirn ay mail shall not in•,alidate any aetion or proeeeding pl,JrSt,Jant to this division. (C) Failure of any person to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this division.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-106 Review by hearing officer and contents of notice of hearing. (A)(l )A responsible person may contest a nt,Jisanee determination notice to abate by filing a written request for .m aweaJ,-a hearing with the city clerk's office within ten calendar days of service of the letter of determination notice to abate. PJo fee shall ae dt,Je for the filing of the appeal. (2) The written request shall contain the following information:
(a) Name, address, and telephone number of each responsible person who i~ appealingcontesting the notice of abatement; (hereinafter, "appellant").
(b) Address and description of real property upon which the city intends to enter and abate a public nuisance;
(c) Date of notice of abatement being appealed.contested; (d) Specific action or decision being appealed.contested; (e) Grounds for~ contesting the notice in sufficient detail to enable the hearing officer to understand the nature of the controversy; and
(f) The signature of at least one appellantresponsible party. (B) If a timely~ request for hearing is not received by the city clerk, the right to ~ contest the notice of abatement or other notice issued under this chapter is waived, deemed a waiver of the right to seek iudicial review and the letter of determination notice to abate is final and binding. In such instances, the city may, but shall not have the obligation to, cause the abatement with city personnel of any or all of the nuisance conditions or activities stated in the letter of determinationnotice to abate without any administrative

hearing. Entry onto private property that is both improved and occupied shall, excepting instances of an imminent threat or hazard, be pursuant to a warrant from a court of competent jurisdiction. (C) (1) An administrative awea+hearing shall be scheduled no later than 60 calendar days, and no sooner than 15 calendar days, of a timely awea+ filing.
(2) The notice of hearing shall state the date, time and place of the hearing and be in substantially similarity !Q_the following form:

Notice is hereby given that on the day of , the director of community development of the city determined that a nuisance subject to abatement may exist on the following described premises. On the day of , at the , located at _ _ _ _ _ , a hearing will be held before a hearing officer appointed by the city manager to determine whether a public nuisance exists on the premises. If the premises, in all or in part, are found to constitute a public nuisance and if the same is not promptly abated by the owner, such nuisance may be abated by the city, in which case the costs of such abatement will be assessed upon such premises and such costs will constitute a lien upon such land until paid.

The premises are described as follows:
[Provide property address]
The hearing will address the following public nuisance conditions on the premises:
[Describe condition or activities) _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ in violation of the Laguna Niguel Municipal Code [as well as County and State laws, if applicable] Section(s) _
The foregoing public nuisance conditions are subject to abatement by repair, rehabilitation, demolition, removal, or termination.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-107 Additional requirements for demolition of buildings or structures.

In addition to the requirements set forth in§ 11-14-104, the city must comply with the following additional requirements when the Director intends to abate a public nuisance by demolition of a building or structure. (A) The city shall provide responsible persons with a reasonable period to elect between options of repair, rehabilitation or demolition as well as a reasonable period of time to complete any of these options, before the city abates a public nuisance by demolishing a building or structure. (B) The city shall serve a Notice of Abatement on all secured lien holders of record with the County Recorder's Office in the event abatement actions include demolition of a building or structure. (C) Notwithstanding any other provisions of this chapter, entry onto any real property to abate a public nuisance by demolition of a building or structure except in cases involving an imminent hazard shall be pursuant to a warrant issued by a court of competent jurisdiction.
(D) The provisions of this section shall not apply if demolition is required to address an imminent threat or hazard. In such situation, the provisions of§ 11-14-124 shall apply. (Ord. 2020-205, § 3, passed 8-4-20)

§ 11-14-108 Additional requirements for the abatement of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof.

A notice of intention to abate and remove an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, as a public nuisance, shall be mailed by registered mail to the owner of the land on which the vehicle exists.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-109 Appointment of hearing officer.

A hearing officer shall be appointed by the city manager to conduct hearings pursuant to this chapter as necessary.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-110 Hearing procedure.

The rules of evidence set forth in section S 2 19 shall apply to hearings conducted pursuant to this di•,.ision, and the hearing officer and property owner or occupant may reeiuest the city council to issue subpoenas as set forth therein.
(A) The hearing for contesting a notice issued under this subchapter will be conducted by a hearing officer in accordance with the procedures set forth in Title 1, Chapter 3, Subchapter 2. (Bl The notice to abate shall be accepted by the hearing officer as prima facie evidence of the Code violations and the facts stated therein. Based upon the evidence presented, the hearing officer must determine whether a public nuisance within the meaning of this chapter exists. (Cl Where a request for hearing is filed as provided in this subchapter, the compliance deadline set forth in the notice to abate is suspended pending the review of the determination by the hearing officer in the manner set forth in this subchapter.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-111 Hearing on proposed abatement.
(A) (1) At the time fixed in the notice provided for in § 11-14-M06, athe hearing officer appointed by the city ~ _shall hear the testimony of all competent persons, subject to reasonable limitations of cumulative testimony, timelines and other hearing procedures as set forth in section 11 14 111 herein and in Title 1, Chapter 3, Subchapter 2, desiring to testify respectingwith respect to conditions constituting the alleged nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. Net later than fifteen (l S) calendar days following conclusion of the hearing, the hearing officer shall determine if an•r nuisance condition eilists at the subject property. If the hearing officer determines that each nuisance condition described in the notice of abatement is non eiEistent, the notice of abatement shall be deemed cancelled.
(2) Administrative hearing decision. The administrative hearing decision shall be issued in accordance with the procedures set forth in § 1-3-23. If the hearing officer determines that each nuisance condition described in the notice abatement is non-existent, the notice of abatement shall be deemed cancelled. If the hearing officer determines that one or more of the nuisance conditions described in the notice of abatement exists,

they shall issue athe written order of abateA9ent whichnotice of decision in accordance with the procedures and timelines set forth in § 1-3-23, which shall contain the following:
(a) A finding and description of each nuisance condition existing at the subject property; (b) The name of each person responsible for a nuisance condition or conditions at the subject property, as well as the name of any person who is not responsible therefor, if applicable; (c) The required corrective action and a compliance period for each unabated nuisance condition; (d) Any other finding, determination or requirement that is relevant or related to the subject matter of the hearing;
(e) A statement that if the nuisance is not abated, it may be removed and abated by the city; and (f) The statement: "The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure§ 1094.6 et seq." (B) A co13y of the decision shall be served by first class A9ail on each res13onsible 13erson to whoA9 the notice of abateA9ent was issued.the written hearing decision will be provided to all parties, pursuant to § 1-3-23. If the owner is not an a1313ellantthe party contesting the notice, a copy of the order of abatement shall also be served on provided to the owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed decision shall not invalidate any action or proceeding by the city pursuant to this chapter.
(C) The failure of any responsible person to comply with an order of abatement by completing each of the requisite corrective actions in the manner and time set forth in the order of abatement constitutes a misdemeanor offense.
(D) The decision of the hearing officer shall be in writing and shall be final upon service of a co13y of the decision and order by first class A9ail to each res13onsible 13erson and owner in issuance of the written decision to all parties in accordance with division (B) above.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-112 Appeals aRd 69WR6i1Judicial review.
(a) The city council shall constit1:Jte the board of a1313eals for any decision of the hearing officer under this article. (b) /'my decision of the hearing officer A9ay be a1313ealed to the cit•r council by the res13onsible 13erson or the 01,vner or occu13ant of the 13ro13erty or called UJ3 for review an•r A9eA9ber of the city council. Notice of the a1313eal or re•,iew shall be filed with the cit•r clerk within ten calendar days after the decision becoA9es final.

Late notices will not be considered. l=learings on a1313eal shall be liA9ited to those issues raised in the notice of a1313eal. The director of coA9A9Unity develo13r19ent shall give notice of the hearing on the a1313eal or review in the A9anner and to the 13ersons described in section 11 14 4205, not less than ten calendar da•rs 13rior thereto.
(c) The filing of a tiA9ely notice of a1313eal or council review shall stay any further 13roceedings under the deterA9ination a1313ealed fror19 until the board of a1313eals has A9ade its deterA9ination. (d) The city council A9ay u13hold, re1,erse or A9odify an•r deterA9ination a1313ealed. The decision of the city council shall becoA9e final u13on ser¥ice thereof by registered A9ail u13on those 13ersons described in section 11 14 -10J.,.

The decision of the hearing officer is final. The responsible person contesting the notice may bring a judicial action to contest such decision in accordance with the California Code of Civil Procedure§ 1094.6 or other applicable law, within 20 calendar days after said person receives a copy of the notice of decision. Failure to do so means all objections to the hearing officer's decision are waived.

(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-113 Extension of time for abatement.

The hearing officerDirector may grant an extension of time to abate a nuisance under this chapter if, in their opinion, good cause for an extension exists.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-114 Abatement of nuisance.
(A) (1) Any responsible person shall have the right to fully may abate a nuisance in accordance with the hearing officer's decision prior to the date of entry of the city upon the subject real property, provided that all corrective actions are completed in accordance with all required city permits, approvals and inspections, prior to said entry date. The Director must be advised of the abatement so the Director may insect the premises to ensure that the nuisance has in fact been abated. In such instances, all administrative proceedings shall be cancelled, with the exception of the city's right to seek recovery of its incidental expenses, code enforcement fees, ttf½&-attorney's fees and any other applicable fees incurred prior to abatement by such responsible person.
(2) Nothing in this subchapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means or remedies available to it under provisions of applicable ordinances, state law or equity to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein. (B) Once the city enters a sulaject real property to alaate a pulalic nuisance, it shall ha1de the right to complete the alaaternent action. If the nuisance is not completely abated by the date specified in the notice to abate or in the hearing officer's order in the event of a request for hearing, then the director may immediately cause the same to be abated by city personnel or under private contract. The city and its agents are expressly authorized to enter the premises for this purpose. A warrant or other order issued by a court of competent jurisdiction must be obtained before any entry if the nuisance cannot be inspected or abated without an intrusion into privacy.
(C) It is unlawful and a misdemeanor for any person to obstruct, impede, or interfere with city personnel or its agents in the performance of any act that is carried out to abate a public nuisance. (D) Any building, structure, and/or personal property that is removed by city personnel or agents from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value.
(E) All abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof, that are removed from real property shall be transported to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for historical vehicle license plates pursuant to the California Vehicle Code§ 5004, in which case the vehicle may be reconstructed or made operable. Within five days after the date of the removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle, or parts thereof, removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates of title, and license plates. (Ord. 2020-205, § 3, passed 8-4-20)

§ 11-14-115 Record of costs of abatement.

The director of commblnity dm1elo13ment shall l~ee13 an itemized accoblnt of the costs in1,ol¥ed in abating a nblisance binder this article. The director shall 13ost cons13irn oblsl•r on the 13ro13erty, and shall also mail to the 01 ... 1ner and occbl13ant of the 13ro13erty, a statement showing the cost of the abatement. The statement shall be accom13anied by a notice to the owner and ocrn13ant that the cost of abatement may be contested as set forth in section 11 14 116. If the cost is not contested within ten calendar days aft er service, it shall be deemed final. (A) The owner of the premises and any other responsible party shall be liable to the city for all costs incurred by the city in abating a public nuisance or seeking to abate a public nuisance. The Director of Community Development, or their designee, shall keep an itemized account of the costs, including incidental costs, incurred in abating a nuisance or seeking to abate a public nuisance under this subchapter. The Director shall post conspicuously on the property, and shall also mail to the owner and occupant of the property, a statement showing the cost of the abatement. For the purposes of this section, the terms COSTS and INCIDENTAL COSTS include, but are not limited to, to the actual expenses and costs of the city in preparation of notices, specifications and contracts, investigation, inspection of the work and the cost of printing and mailings required under this subchapter, and any attorney's fees and costs expended in the abatement of the nuisance, through civil action or otherwise. (Bl The city must serve a written, itemized report of the nuisance abatement costs upon each person with a recorded interest in the subiect property and any other responsible party providing notice of the costs and demanding payment. The notice of abatement costs must contain the following:
(1) A demand for timely, full payment of the costs to the city within 20 calendar days of the date of service;
(2) A statement that any unpaid amounts may become a lien and special assessment against the property; and
(3) A statement that the person so charged may file a request for hearing with the City Clerk (Cl The person so charged may file a request for hearing with the City Clerk as set forth in Title L Chapter 3, Subchapter 2. If the notice of abatement costs is contested, the same procedures as specified in Title 1, Chapter 3, Subchapter 2 apply, except that scope of the hearing is limited to the appropriateness of the amount of the abatement costs, and the hearing officer's decision may only confirm, discharge or modify the amount of costs.

The confirmed abatement costs must be tendered to the city within 20 calendar days of the date of service of the hearing officer's decision. The hearing officer's decision shall be final. The city may thereafter proceed to collect its abatement costs in any manner allowed by law. The failure of any person who has been properly served with notice pursuant to this section is a waiver of the right to contest the report, a waiver of the right to a hearing, a failure to exhaust administrative remedies and a bar to any further challenge to the city's invoice and nuisance abatement costs.
(Ord. 2020-205, § 3, passed 8-4-20)
5ee. 11 14 11a. MeaFiRg eR stateFReRt ef eests ef a~ateFReRt, The res13onsible 13erson, or the owner or occbl13ant ma•r contest the cost of abatement by the cit•r binder this article by reqblesting a hearing before the hearing officer within ten calendar days of service of the statement of costs described in section 1114 9208. U13on recei13t of sblch a reqblest, the director of commblnity develo13ment shall schedbile a hearing, bll3on at least ten calendar days' notice to the 13ersons and in the manner 13rovided in section 11 14 4203. At the time fowd for the hearing on the statement of costs, the hearing off icer shall consider the statement and contests or objections raised by the 13erson liable to be assessed for the cost of the abatement.

The hearing officer may revise, correct or modify the statement as he considers jblst, and thereafter shall confirm

the cost. The elecision of the hearing officer shall 13e in writing anel shall 13e ser>~eel 13y mail as elescriaeel in section 11 14 4203. The elecision shall 13e final u13on mailing. (Orel. No. 2020 20§, § 3, g 4 20)
§ 11-14-117 Special assessment for payment of costs.

If the 13ro13erty owner or other res13onsiale 13erson eloes not 13ay the cost of aaating the nuisance 13ursuant to this article within 30 calenelar elays after the cost 13ecomes final or the hearing officer EDnfirms the cost of aaatement, or after the cost has seen confirm eel 13y the city council, if a1313ealeel, the city council may oreler that the cost shall 13ecome a s13ecial assessment against the 13ro13erty on which the nuisance was aaateel anel that a notice of lien shall 13e fileel. The assessment shall continue until it is 13aiel, together with interest at the rate of se¥en 13ercent a year com13uteel from the elate of confirmation of the statement until 13ayment. The assessment may 13e collecteel at the same time anel in the same manner as orelinary munici13al ta➔Ees are collecteel, anel shall 13e suaject to the same 13enalties anel the same 13roceelure anel sale in case of elelinquency as 13ro•~ieleel for orelinary tai,es. All acts a13131icaale to levy, collection anel enforcement of 13ro13erty taxes shall a1313ly to this s13ecial assessment. (Al As an alternative to any other lien described in this section or authorized by law, pursuant to the California Government Code § 38773.5, if the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this subchapter, the city may levy a special assessment against the real property on which the violation occurred. The assessment shall continue until it is paid, together with interest at the rate of 7% a year computed from the date of confirmation of the statement until payment.
(Bl Before levying a special assessment, a notice of special assessment must be served upon all persons or entities with a recorded interest in the subject property in the manner required under§ 11-14-105 at the time the assessment is imposed on the owner of the property if the property owner's identity can be determined from the County Assessor's or County Recorder's records, by certified mail not less than ten days prior to the time set for hearing. In addition, the owner of record must be served in accordance with California Government Code§ 38773.5. The notice must specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments. (Cl The notice of special assessment is entitled to recordation with the County Recorder's office. A copy of the notice of special assessment must be transmitted to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor and Tax Collector shall add the amount of the special assessment on the next regular bill for real estate taxes levied against the property identified in the notice of special assessment. Thereafter, the special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes.

After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-118 Notice of abatement lien.

In the e¥ent of an assessment 13ursuant to section 11 14 1111§, the city clerk shall file in the office of the county recoreler a notice in suastantially the following form:

Uneler the authorit•r of Government Coele § 2§84§, the City of Laguna ~liguel Elie on (elate), oreler aaatement of a nuisance anel on (elate), Elie aaate such nuisance u13on the real 13ro13erty hereafter elescriaeel anel then on (elate), Elie assess the cost of the aaatement u13on the real

property. The record owner (or possessor) of such property ¥,•as (naA'le and address). The city claiA'ls a special assessA'lent on the real propert•r for the cost of doing the work in the aA9ount of $ . This aA'lount is a special assessA'lent against the real property until it is paid, with interest at the rate of se>Jen percent a year froA'l (insert date of confir A'lation of stateA'lent), and discharged of record. The real property referred to abo¥e, and upon which the special assessA'lent is claiA'led is that certain parcel of land situated within the Cit•r of Laguna ~Jiguel, County of Orange, State of California, A'lore particularly described as follo1,¥s:
(A) Pursuant to the California Government Code§ 38773.1, the city may recover its abatement and related administrative costs by a nuisance abatement lien against the property on which the nuisance was abated. If the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this subchapter, then the city may record a lien against the nuisance property for any unpaid amount.
(B) Before recording a lien, the city must serve notice of the lien in the manner required under§ 11-14-105 on all persons with a recorded interest in the subject property. In addition, the owner of record must be served in accordance with California Government Code§ 38773.l (b). (C) The nuisance abatement lien must be recorded in the office of the County Recorder; and from the date of recording, the nuisance abatement lien shall have the force, effect and priority of a judgment lien, and shall continue in effect until discharged by the city. The lien may carry such additional administrative charges as set forth by resolution of the City Council. (D) The nuisance abatement lien recorded pursuant to this section shall identify the city as the agency for whose benefit the lien is established: the amount of the lien; the date of the order for abatement of the nuisance: the address, legal description and assessor's parcel number of the property on which the lien is imposed; and the name and address of the recorded owner of the property. (E) The nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.

All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorney's fees shall be added to the amount of the lien and shall be secured thereby.
(F) Upon payment or other satisfaction of the abatement lien, a notice of release must be prepared and recorded by the City Clerk.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-119 Treble the costs of abatement.

Pursuant to California Government Code§ 38773.7 (or any subsequent amendment thereto), upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a public nuisance except for public nuisance conditions abated pursuant to California Health & Safety Code§ 17980 (California Housing Law), the court may order that person to pay treble the costs of the abatement.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-120 Recordation of substandard notice.
(A) Notwithstanding any provision of the Municipal Code to the contrary, if the city determines that any property, building or structure, or any part thereof, is in violation of any provision of the Municipal Code and said violation has not been fully abated or corrected, as determined by the city, in the manner and time

provided in a written notice to a responsible person, then the city, in its sole discretion, may record a notice of substandard property with the County Recorder's Office against said premises. As used herein, "fully abated or corrected" includes the procurement of all required city approvals, permits, licenses and the passage of all city required inspections.
(B) The city may record a notice of substandard property without the issuance of a notice of abatement provided that a written notice of violation or a written notice of correction to a responsible person previously disclosed that a substandard notice may be recorded against a property if a violation is not fully abated or corrected in the manner and time delineated in said notice. (C) A notice of substandard property may be recorded after service of a notice of abatement provided that:
(1) the notice of abatement contained this disclosure;
(2) the public nuisance was not, as determined by the city, fully abated or corrected in the manner and time specified in the notice of abatement; and,
(3) a timely and proper~ request for hearing to the notice of abatement was not made. (D) The form that constitutes a notice of substandard property shall be approved by the city attorney or the city prosecutor.
(E) The city shall record a notice of rescission of substandard property with the County Recorder's Office within ten business days of its determination that a violation or a public nuisance has been fully abated or corrected.
(F) The city shall cause copies of recorded notices of substandard property and notices of rescission of substandard property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the County Assessor's Office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this chapter.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-121 Code enforcement fees.
(A) Pursuant to California Health and Safety Code§ 17951, and any successor statute thereto, responsible persons, who cause, allow, permit, suffer, or maintain a violation in, or upon, residential properties, shall be charged fees (hereafter "code enforcement fees") by the city to defray its costs of code enforcement actions, as hereafter defined. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the city's code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.
(B) The amount(s) or rate(s) of code enforcement fees for city personnel time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by resolution by the city council.
(C) The city manager, or a designee thereof, is authorized to adopt regulations for the uniform imposition of code enforcement fees, and for related administrative actions pertaining to such fees. (D) The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe in accordance with any other provision of this Code, or which are imposed pursuant to county, state or federal laws or regulations.
(E) Code enforcement fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement or cessation of, or otherwise remove a violation or a public nuisance.

(F) Failure to pay code enforcement fees shall constitute a debt that is collectible in any manner allowed by law. (Ord. No. 2020-205, § 3, 8-4-20)
§ 11-14-122 Recovery of attorney's fees.

A prevailing party in any administrative, civil or equitable judicial action to abate, or cause the abatement of a public nuisance as defined in this chapter, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney's fees in accordance with the following divisions:
(A) Attorney's fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city's attorney's fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney's fees in favor of any person or the city. (B) The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and non-responsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party. (C) Provided that the city has made an election to seek attorney's fees, an award of attorney's fees to a person shall not exceed the amount of reasonable attorney's fees incurred by the city in that action or proceeding.
(Ord. 2020-205, § 3, passed 8-4-20)
See. 11 14 ua. 0 WROF F05p9R5ibilit'f.

The owner of any property within the city has the primary responsisility for keeping the property free of puslic nuisances. Tenants anEI occupants of the property, for the purposes of this Eli¥ision, shall se EleemeEI to se the agents of the 01,vner.
(Orel. No. 2020 205, § 3, 8 q 20)
§ 11-14-124 Emergency abatement.
(A) Notwithstanding any provision of the Municipal Code to the contrary, the city manager, director of community development, the police chief, the fire chief, or the building official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined, in their sole discretion, that the nuisance creates an imminent threat or public health or safety or any person or persons, or imminent hazard to a person or persons, or to-otAef real or personal property. (B) Prior to abating a public nuisance that creates an imminent threat or hazard, the city manager, director of community development, police chief, or building official or their designees shall attempt to notify a responsible person by telephone or in writing of the imminent threat or hazard and request its abatement by said person; provided however, that the city manager, director of community development. police chief, or building official or their designees may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the city manager, director of community development, police chief, or building official or their designees the nature or severity of the hazard justifies such inaction. If notice has

been so given, but, in the sole discretion of the city manager, director of community development, police chief, or building official or their designees the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent threat or hazard, the city may abate the nuisance with city personnel or agents without further notice, and charge the costs and fees thereof to the responsible person(s).
(C) Within ten business days following emergency action of the city personnel to abate an imminent threat or hazard, the city shall serve any responsible person with a notice of emergency abatement by city personnel of an imminent threat or hazard by first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll of the Orange County Assessor's Office. Failure of any responsible person to receive a properly addressed notice of emergency abatement by !.b.f_city personnel of an irnrninent ha2arel by mail shall not invalidate any action or proceeding pursuant to this chapter. (D) A notice of emergency abatement by cit•r personnel of an imminent threat or hazard shall contain the following provisions:
(1) The name of all known responsible persons who are being served with the notice of emergency abatement by city personnel the City of an imminent threat or hazard and the address of the real property on which the imminent threat or hazard was present; (2) A brief description of the condition(s) and reasons why it constitutes an imminent threat or hazard; (3) A brief description of the law prohibiting or pertaining to the imminent threat or hazard; and (4) A brief description of the City's action's cit',' personnel took to abate the imminent threat or hazard. (E) Omission of any of the foregoing provisions in a notice of emergency abatement '3y city personnel of an imminent threat or hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this chapter invalid. (F) Emergency abatement of an imminent threat or hazard by !.b.f_city personnel shall not preclude the city from recording a notice of substandard property in accorelance 1,vith the pro¥isions of section 5 1.24 of this article, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance. (G) The city shall be entitled to recover its fees and costs (incidental or otherwise) for the abatement of an imminent threat or hazard. In such instances, the city shall follow the procedures set forth in this chapter. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-125 Severability.

If any provision of this subchapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this subchapter, which can be implemented without the invalid provisions, and to this end, the provisions of this subchapter are declared to be severable. §§ 11-14-12.§§- 11-14-199 Reserved.

SUBCHAPTER 4. PENAL TIES
§ 11-14-200 Violations generally- Misdemeanor.
(A) Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(B) Any violation expressly declared to be punishable, in the discretion of the court by either a fine, or by a fine or imprisonment, or both, shall become an infr action for all purposes under any of the following circumstances:
(1) Where a judgment imposes a punishment of a fine not exceeding $100.00 in the case of a first offense; (2) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or
(3) When the city attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction. (C) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter, is committed, continued or permitted by such person, and may be punished accordingly.
(D) The term "person," as used in this chapter, includes any natural person, and also includes any corporation, partnership or any other entity which owns, leases or controls property, and any other responsible person. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-201 Penalties.

Whenever any act or omission is made unlawful by this chapter, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-202. Non-exclusive remedies.

Each and every remedy available for the enforcement of this chapter shall be cumulative and non-exclusive, and in addition to any other remedies available at law or in equity. (Ord. 2020-205, § 3, passed 8-4-20)
§§ 11-14-203- 11-14-299 Reserved.

Chapter 15 EMERGENCY PREPAREDNESS
I Subchapter 1. I 1n General,§§ 11-15-1- 11-15-10
SUBCHAPTER 1. IN GENERAL
§ 11-15-1 Purpose.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons.

(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-2 Definition.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Emergency. The accrual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, war or imminent threat of war, or other conditions, other than conditions resulting from labor controversy, which conditions are or are likely to be beyond the control of services, personnel, equipment, and facilities of this city, and required the combined forces of other political subdivisions to combat. (Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-3 Disaster council membership.

The city disaster council is hereby created and shall consist of the following:
(A) The mayor who shall be an ex officio member and who shall serve as a liaison between the disaster council and the city council;
(B) The director of emergency services, who shall be chairperson; (C) The assistant director of emergency services, who shall be vice chair; (D) Members of the city public safety committee;
(E) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter; and
(F) Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council;
(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-4 Disaster council powers and duties.

It shall be the duty of the city disaster council, and it is hereby empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such divisions and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon ~ of the chairperson or, in their absence from the city or inability to call such meeting, upon call of the vice chair.
(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-5 Director and assistant director of emergency services. (A) There is hereby created the office of director of emergency services. The city manager shall be the director of emergency services.
(B) There is hereby created the office of assistant director of emergency services, who shall be appointed by the director.

(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-6 Powers and duties of the director and assistant director of emergency services. (A) The director is hereby empowered to:
( 1) Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect; (2) Request the governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; (3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter;
(4) Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them; (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; and
(6) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the governor or the director of the California office of emergency services or the existence of a "state of war emergency", the director is hereby empowered:
(a) To make and issue rules and regulations on matter reasonably related to the protection of life and property as affected by such emergency; provided however, such rules and regulations must be confirmed at the earliest practicable time by the city council; (b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;
(c) To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency", to command the aid of as many citizens of this community as they deem necessary in the execution of their duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers; (d) To requisition necessary personnel or material of any city department or agency; and (e) To execute all of their ordinary power as city manager all of the special powers conferred upon them by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon them by any statute, by any agreement approved by the city council, and by any other lawful authority.
(B) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform their duties during an emergency. Such order of succession shall be approved by the city council. (C) The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. (Ord. 94-75, § 1, passed 6-21-94)