§ 5-5-13 Investigation and action on application.
(A) Upon receipt of a completed app lication and payment of the application and permit fees, the police chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business regulatory permit.
(B) Within 60 days of receipt of the completed app lication, the police chief and the community development department shall complete the investigation of the application in accordance with the provisions of this chapter, and the planning commission shall hold a public hearing on the application in accordance with the procedures set forth in § 9-1-15012 et seq.
(C) The planning commission shall grant the application an d issue the adult-oriented business regulatory permit upon finding that the proposed business meets the locational criteria of § 9-1-70354.4, and that the applicant has met all of the development and performance standards and requirements of § 5-5-21, unless the requirements of § 5-5-14 are not met, in which case the application shall be denied. (D) The police chief shall notify the applicant as follows. (a) The police chief shall write or st amp "granted" or "denied" on the application and date and sign such notation.
(b) If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.
(c) If the application is granted, th e police chief shall attach to the application an adult-oriented business regulatory permit.
(d) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application. (2) The permittee shall post the permit conspicuously in the adult-oriented business premises. (e) If the planning commission grants th e application or if the planning commission neither grants nor denies the application within 60 days after it is stamped as received (except as provided in § 5-5-12(J)), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of § 5-5-21, unless the grant of the application or the approval of the application by the failure to act is appealed to the city council as provided for in § 5-5-20.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-14 Permit denial.
The planning commission shall deny the application if any of the following conditions exist:
(A) The building, structure, equipment, or location used by the business for which an adult-oriented business regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the city and the state, or with the locational or development and performance standards and requirements for adult-oriented businesses contained in this Code; (B) The applicant, their employee, ag ent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult- oriented business regulatory permit;
(C) An applicant is under 18 years of age;
(D) The required application fee has not been paid;
(E) Within the past three years, th e applicant has been convicted of any of the following offenses: one or more violations of California penal code §§ 315, 316, 318, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b), and 647(d); any equivalent violation of the code of another state, or the applicant has had an adult-oriented business regulatory permit revoked by this city or any other governmental entity within the past three years; and
(F) The adult-oriented business does not comply with the locational requirements of § 9-1-70354.4. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-15 Expiration.
Each adult-oriented business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the police chief a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided in this chapter for action upon applications for permits.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-16 Transfer of adult-oriented business regulatory permits. (A) A permittee shall not operate an adult-oriented busin ess under the authority of an adult-oriented business regulatory permit at any place other than the address of the adult-oriented business stated in the application for the permit.
(B) A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult- oriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the police chief stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the police chief in accordance with §§ 5-5-11 and 5-5-12, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the police chief determines in accordance with § 5-5-13 that the transferee would be entitled to the issuance of an original permit.
(C) No permit may be transferred when the police chief has notified the permittee that the permit has been or may be suspended or revoked.
(D) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-17 Adult-oriented business performer permit.
(A) No person shall engage in or pa rticipate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business, without a valid adult-oriented business performer permit issued by the city. All persons who have been issued an adult-oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by § 5-5-11, with the names of all performers required to obtain an adult-oriented business performer permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult-oriented business regulatory permit.
(B) The police chief shall grant, deny, and renew adult-oriented business employee permits. (C) The application for a permit shall be made on a form pr ovided by the police chief. An original and two copies of the completed and sworn permit application shall be filed with the police chief. (D) The completed application shall contain the followi ng information and be accompanied by the following documents:
(1) The applicant's legal name and any other names (i ncluding "stage names" and aliases) used by the applicant;
(2) Age, date and place of birth;
(3) Height, weight, ha ir and eye color;
(4) Present residence addre ss and telephone number;
(5) Whether the applicant has ever been convicted of:
(a) Any of the offenses set forth in California Penal Code §§ 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d)as those sections now exist or may hereafter be amended or renumbered;
(b) The equivalent of the aforesai d offenses outside the state. (6) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this division (D)(6) has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution. (7) State driver's license or identification number;
(8) Satisfactory written proof that the ap plicant is at least 18 years of age; (9) The applicant's fingerprints on a form provided by the police department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; and
(10) If the application is made for the purpose of renewi ng a license, the applicant shall attach a copy of the license to be renewed.
(E) The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the city council.
(F) Upon receipt of an application and payment of the application fees, the police chief shall immediately stamp the application as received and promptly investigate the application. (G) If the police chief determines that the applicant ha s completed the application improperly, the police chief shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the police chief to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-18. Investigation and action on application.
(A) Within five days after receipt of the properly completed application, the police chief shall grant or deny the application and so notify the applicant as follows.
(1) The police chief shall write or st amp "granted" or "denied" on the application and date and sign such notation.
(2) If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.
(3) If the application is granted, th e police chief shall attach to the application an adult-oriented business regulatory permit.
(4) The application is granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application. (B) The police chief shall grant the a pplication and issue the permit unless the application is denied for one or more of the reasons set forth in division (D) below.
(C) If the police chief grants the applic ation or if the police chief neither grants nor denies the application within five days after it is stamped as received (except as provided in § 5-5-17(G), the applicant may begin performing in the capacity for which the license was sought. (D) The police chief shall deny the applicat ion for any of the following reasons:
(1) The applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application; (2) The applicant is under 18 years of age;
(3) The adult-oriented business employee permit is to be used for performing in a business prohibited by state or city law;
(4) The applicant has been registered in any state as a prostitute; and (5) The applicant has been convicted of any of the offe nses enumerated in § 5-5-17(D)(5) or convicted of an offense outside the state that would have constituted any of the described offenses if committed within the state. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application. (E) Each adult-oriented business performer permit shall ex pire one year from the date of issuance, and may be renewed only by filing with the police chief a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for permits.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-19 Suspension or revocation of adult-oriented business regulatory permits and adult- oriented business performer permits.
An adult-oriented business regulatory permit or adult-oriented business employee permit may be suspended or revoked in accordance with the procedures and standards of this section.
(A) On determining that grounds for permit revocation exist, the police chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the police chief, but at a minimum shall include the following:
All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The police chief's decision may be appealed in accordance with § 5-5-20. (B) A permittee may be subject to suspension or revo cation of their permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business:
(1) The permittee has knowingly made any false, m isleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city; (2) The permittee, employee, agent, partner, direct or, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business, or in the case of an adult-oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented business:
(a) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation. (b) Use of the establishment as a place where un lawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.
(c) Any conduct constituting a criminal offense which requires registration under California Penal Code § 290.
(d) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of California Penal Code §§ 315, 316, 318, or § 647(b). (e) Any act constituting a violat ion of provisions in the California penal code relating to obscene matter or distribution of harmful matter to minors, including but not limited to §§ 311 through 313.4; and
(f) Any conduct prohibited by this chapter.
(3) Failure to abide by a disciplin ary action previously imposed by an appropriate city official. (C) After holding the hearing in acco rdance with the provisions of this section, if the police chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the police chief shall impose one of the following:
(1) A warning;
(2) Suspension of the permit for a specified period not to exceed six months; and (3) Revocation of the permit.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-20 Appeal of denial, suspension or revocation.
(A) After approval or denial of an application for an a dult-oriented business regulatory permit, or after approval or denial of the renewal of such a permit, or after suspension or revocation of such a permit, the applicant, person to whom the permit was granted, or any other interested person, may seek review of such administrative action by the city council in accordance with the procedures set forth in § 9-1-15012 et seq. of this Code.
(B) After denial of an application for an adult-oriented business performer permit, or after denial of renewal of such permit, or after suspension or revocation of such a permit, the applicant, or person to whom the permit was granted, may seek review of such an administrative action by the city council in accordance with the provisions of §§ 2-2-8 through 2-2-11.
(C) After action has been taken to approve, deny, suspend, or revoke a permit pursuant to this section, the applicant, permittee, or other interested person, may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure § 1094.5. The city shall make all reasonable efforts to expedite such judicial review.
(Ord. 98-100, § 3, passed 3-17-98)
SUBCHAPTER 3. FACILITIES AND EMPLOYEES
§ 5-5-21 Adult-oriented business development and performance standards. (A) Maximum occupancy load, fire exits, aisles and fire eq uipment shall be regulated, designed and provided in accordance with the fire protection and building and safety regulations and standards adopted by the County fire authority and the city.
(B) Adult-oriented businesses shall comp ly with the building and safety regulations contained in title 8, the sign regulations contained in § 9-1-14470 et seq., and the offstreet parking regulations contained in § 9-1-14560 et seq. of this Code. Signage shall conform to the standards of this Code, except that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statutes, monuments, sign shapes or sign projections, or other graphic representations which depict the human body or anatomy, or any portion thereof, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities."
(C) No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
(D) All off-street parking area and premise entries of the sexually-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually- oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises. (E) The premises within which the adult-oriented busin ess is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.
(F) Except for those businesses also regulated by the stat e department of alcoholic beverage control, an adult- oriented business shall be open for business only between the hours of 8:00 a.m. and 12:00 a.m. on any particular day.
(G) The building entrance to an adult-oriented busine ss shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the community development director or designee. No person under the age of 18 years shall be permitted within the premises at any time. (H) All indoor areas of the adult-orie nted business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.
(I) Any adult-oriented business which is also an "adult arcade," shall comply with the following provisions. (1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this division (I)(1) must be direct line of sight from the manager's station. (2) The view area specified in division (I)(5) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted. (3) No viewing room may be occupied by more than one person at any one time. (4) The walls or partitions between viewing rooms or b ooths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.
(5) Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths. (6) The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to conduct the adult-oriented establishment.
(J) All areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Area Foot-candles
Bookstores and other retail establishments 20
Theaters and Cabarets 5
(Except during performances at which times lighting
shall be at least 1.25 foot-candles.)
Arcades 10
Motels/hotels 20
(In public areas.)
Modeling studios 20
(kK) The adult-oriented business shall provide and mainta in separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this division (K) shall not apply to an adult-oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public. (L) The following additional requirements shall pe rtain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the alcoholic beverage control commission:
(1) No person shall perform live entertainment for pa trons of an adult-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the adult-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.
(2) The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
(3) The adult-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
(4) The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
(5) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This division (L) shall only apply to physical contact on the premises of the adult-oriented business.
(6) Fixed rail(s) at least 30 inches in height sha ll be maintained establishing the separations between entertainers and patrons required by this division (L). (7) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
(8) No owner or other person with managerial contro l over an adult-oriented business (as that term is defined herein) shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.
(M) Adult-oriented businesses shall empl oy security guards in order to maintain the public peace and safety, based upon the following standards:
(1) Adult-oriented businesses featurin g live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
(2) Security guards for other adult-oriented businesse s may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in § 5-5-19(B)(2) from occurring on the premises.
(3) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this division (M)(3) shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard. (N) The foregoing applicable requirements of this section shall be deemed conditions of adult-oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-22 Register and permit number of employees.
Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer or health officer of the city. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-23. Display of permit and identification cards.
(A) Every adult-oriented busin ess shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business. (B) The police chief shall provide each adult-oriented business performer required to have a permit pursuant to the chapter, with an identification card containing the name, address, photograph and permit number of such performer.
(C) An adult-oriented business performe r shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business. (Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-24 Employment of and services rendered to persons under the age of 18 years prohibited.
(A) It shall be unlawful for an y permittee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires such permit, to any person who is not at least 18 years of age.
(B) It shall be unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least 18 years of age. (Ord. 98-100, § 3, passed 3-17-98)
§§ 5-5-25—5-5-30 Reserved.
SUBCHAPTER 4. MISCELLANEOUS PROVISIONS
§ 5-5-31 Inspection.
(A) An applicant or permittee shall permit representatives of the following to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses, at any time it is occupied or opened for business:
(1) County sheriff's department, which pr ovides police services to the city; (2) County health agency, which provid es health services to the city; (3) County fire authority, which provides fire protection services to the city; (4) The city community development department; and
(5) All other city departments or agencies.
(B) A person who operates an adult-oriented business or their agent or employee is in violation of the provisions of this section if they refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-32 Regulations nonexclusive.
The provisions of this chapter regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council.
(Ord. 98-100, § 3, passed 3-17-98)
§ 5-5-33 Employment of persons without permits unlawful.
It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult- oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business performer permit.
(Ord. 98-100, § 3, passed 3-17-98)
Chapter 6 PERMITTING OF TAXICABS AND TAXICAB BUSINESSESRESERVED Subchapter 1. General Provisions, §§ 5-6-1—5-6-15
TITLE 5 - BUSINESS AND SPECIAL LICENSES; BUSINESS REGULATIONS Division 6 - PERMITTING OF TAXICABS AND TAXICAB BUSINESSES ARTICLE 1. GENERAL PROVISIONS
SUBCHAPTER 1. GENERAL PROVISIONS
Sec. 5-6-1. Definitions.
For the purpose of this division, the words and phrases herein defined shall be construed in accordance with the following definitions.
(a) City means the City of Laguna Niguel.
(b) City authorization means city authorization to operate a taxicab business in the city. (c) Driver means a person who drives or controls the movements of a taxicab. (d) Driver's permit means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab.
(e) OCTAP means the Orange County Taxicab Administration Program administered by the Orange County Transportation Authority.
(f) Operate a taxicab means to drive a taxicab and either solicit or pick up passengers for hire in the city. (g) Owner means the registered owner or lessor of a taxicab. (h) Person includes natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.
(i) Taxicab means a vehicle operated within the jurisdiction of the city, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a charter party carrier licensed as such by any state agency, including the public utilities commission, or any other vehicle having a certificate of public convenience and necessity issued by any state agency, including the public utilities commission. (j) Taxicab business permit means a valid permit issued by OCTAP authorizing a person to operate a taxicab business.
(k) Taxicab vehicle permit means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab.
(97-98, § 1, 12-2-97)
Sec. 5-6-2. City authorization required.
(a) A person shall only operate a taxi cab if the owner of that taxicab is authorized by the city to operate a taxicab business in the city.
(b) An owner shall only allow a taxicab owned by the owner to be operated if the owner is authorized by the city to operate a taxicab business in the city.
(c) The procedures for city authoriz ation to operate a taxicab business in the city shall be established by separate resolution of the city council.
(97-98, § 1, 12-2-97)
Sec. 5-6-3. Driver's permit required.
A person shall only operate a taxicab if that person possesses a driver's permit and if city authorization has been obtained. An owner shall only allow a driver to operate a taxicab owned by the owner if that driver possess a driver's permit and if city authorization has been obtained. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-4. Taxicab vehicle permit required.
A person shall only operate a taxicab if that vehicle displays a taxicab vehicle permit and if city authorization has been obtained. An owner shall only allow a taxicab owned by the owner to be operated in the city if that vehicle displays a taxicab vehicle permit and if city authorization has been obtained. (97-98, § 1, 12-2-97)
Sec. 5-6-5. Taxicab business permit required.
A person shall only operate a taxicab business in the city if that person possesses a taxicab business permit and if city authorization has been obtained.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-6. Application for permits.
Application for a driver's permit, taxicab vehicle permit or taxicab business permit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by OCTAP and adopted by separate resolution of the city council.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-7. Testing for controlled substances and alcohol.
A driver shall test negative for controlled substances and alcohol as required by applicable state statutes. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-8. Insurance required.
A driver operating a taxicab in the city shall carry with him/her at all times proof of insurance covering that vehicle with such policy limits and coverage as established by OCTAP and adopted by separate resolution of the city council. Said proof of insurance must clearly identify the vehicle covered. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-9. Nontransferability.
No permit issued under this division shall be assigned to, or used by, any person or vehicle other than the person or vehicle named in such permit.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-10. Equipment.
A taxicab operated under the authority of this division shall be equipped according to the standards established by OCTAP and adopted by separate resolution of the city council. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-11. Mechanical condition.
A taxicab operated under the authority of this division shall be maintained according to the standards established by OCTAP and adopted by separate resolution of the city council. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-12. Operational requirements.
(a) A driver shall only carry a passe nger to his/her destination by the most direct and accessible route. (b) A taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by separate resolution of the city council. (c) A taxicab shall have the following information contin uously posted in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP and adopted by separate resolution of the city council:
(1) A schedule of rates and charges for the hire of said taxicab; (2) The driver's name and address;
(3) The owner's name, address and telephone number;
(4) The taxicab identification number;
(5) The driver's permit issued pursuant to this division; (6) The taxicab vehicle permit issue d pursuant to this division; and (7) Any other information required by the city.
(d) A driver shall give a receipt for the amount charged upon the request of the person paying the fare. (e) A taxicab shall only be operated if the passenger co mpartment is kept in a clean and sanitary condition. (f) A driver shall not leave his taxicab to solicit passengers. (g) The name or trade name of the owner and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by OCTAP and adopted by separate resolution of the city council. (Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-13. Rates and charges.
No driver shall charge rates and charges other than those established by OCTAP and adopted by separate resolution of the city council.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-14. Separate from business licensing.
The requirements of this Ordinance are separate and independent from the business licensing and any other provisions under the city code.
(Ord. No. 97-98, § 1, 12-2-97)
Sec. 5-6-15. Penalty.
The city intends to secure compliance with the provisions of this division by any of the following alternate, separate and distinct methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each day a violation exists constitutes a separate offense.
Notwithstanding any other provision of this division, each violation of the provisions of this division may be enforced alternatively as follows:
(a) Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this division may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by the city by separate resolution. Any person convicted of an infraction under the provisions of this division shall be punished either by fines as specified in the currently adopted uniform infraction bail schedule used by the Orange County municipal courts, or, where no fine is specified therein, by:
(1) A fine not exceeding $100.00 for a first violation; (2) A fine not exceeding $200.00 for a second violation within one year; (3) A fine not exceeding $500.00 for each additional violation within one year. (b) Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this division may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by the city by separate resolution.
Any person convicted of a misdemeanor under the provisions of this division shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
(c) Civil action. The city attorney by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this division, as provided by law.
(d) Administrative hearing.
(1) Upon a finding by the city offi cial vested with the authority to enforce the various provisions of this division that a violation exists, he/she may notify the person(s) or company(ies) deemed responsible for said violation(s) that a public hearing shall be held before the city council to hear and determine the existence of said violation(s) and the anticipated compliance necessary, i.e., abatement or other action required.
(2) Said notification shall be in writing setting forth the alleged violation(s) and the anticipated action sought, and shall be given not later than ten days prior to the scheduled date of the hearing.
(3) The city council may preside over the hearing or , in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the city council's findings and recommendations to be considered by the city council.
(4) The city council shall render its decision within 45 days from the date of the hearing or, in the event that a hearing officer has been appointed, within 45 days from the date on which the city council receives the findings and recommendations of the hearing officer. The decision of the city council shall be final and enforceable as provided by law.
(Ord. No. 97-98, § 1, 12-2-97)
Chapter 7 SIDEWALK VENDING
Subchapter 1. Definitions, § 5-7- 01
Subchapter 2. Permit Process, §§ 5-7- 052—5-7- 409
Subchapter 3. Business Regulations, §§ 5-7- 4510—5-7-50 Subchapter 4. Violations and Penalties §§ 5-7-11
SUBCHAPTER 1. DEFINITIONS
§ 5-7-1 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Certified farmers' market. A location operated in accordance with the California Food and Agricultural Code, Division 17, Chapter 10.5 and any regulations adopted pursuant to that chapter.
Director. The Director of Community Development of the City of Laguna Niguel, or their designee.
Food and merchandise. Only tangible items for immediate consumption and in possession of the vendor at the time and point of sale.
Impound. To seize or take custody of a sidewalk vending cart, equipment, utensils, food or merchandise (collectively classified as “items”) because of a violation of any applicable law or regulation.
Park. A public park owned or operated by the city.
Parkway. A piece of land located between the rear of a curb and the front of a sidewalk or between the sidewalk and property line, usually used for planting low ground cover and/or street trees and separating pedestrians from vehicles within the right-of-way.
Person. One or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity.
Roaming sidewalk vendor. A sidewalk vendor who moves from place to place and stops only to complete a transaction.
Sidewalk. A portion of a street between the curb line and the adjacent property line, or an easement or right of way held by the city across the front of private property, and intended for use of pedestrians. For purposes of this chapter, "sidewalk" shall also include a paved path or walkway owned by the city that is specifically designed
for pedestrian travel. "Sidewalk," for purposes of this division, does not include landscaped, parkway, and non- pathway areas, including turf, whether or natural or artificial, meant for passive recreation or sporting activities, decorative rock and gravel areas, benched viewing areas, and adjacent access walkways, and other similar areas not intended specifically for pedestrian travel and access to public or private facilities.
Sidewalk vending permit. a city permit issued to a sidewalk vendor pursuant this Chapter of the Municipal Code.
Sidewalk vendor. A person who vends from a vending cart or from one's person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians other than persons authorized to vend in such areas pursuant to a lawfully issued temporary special permit, or in certified farmers' markets or swap meets.
Stationary sidewalk vendor. A sidewalk vendor who vends from a fixed location on a sidewalk.
Swap meet. A location operated in accordance with the California Business and Professions Code, Division 8, Chapter 9, Subchapter 6, being §§ 21660 through 21669.1, and any regulations adopted pursuant to that subchapter.
Temporary special permit. A permit, other than a sidewalk vending permit, issued by the city for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.
Vend or vending. To sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.
Vending cart. A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) SUBCHAPTER 2. PERMIT PROCESS
§ 5-7-052 Permit required.
No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the city without first obtaining a sidewalk vending permit pursuant to this subchapter. All persons associated with a sidewalk vending operation, including but not limited to, employees or independent contracts are considered sidewalk vendors and are required to obtain separate and individual sidewalk vending permits. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-103 Permit application.
(A) To apply for a sidewalk vending permit, a person must file an application with the director, accompanied by a nonrefundable processing fee in an amount established by resolution of the city council. (B) The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:
(1) The legal name, current mailing address, and telephone number of the applicant; (2) If the applicant is an ag ent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;
(3) If the applicant will have employees, the name(s), current mailing address(es), and phone number of the person(s) that will be employed as stationary or roaming sidewalk vendor(s); (4) The number of sidewalk vending operations the vendor intends to operate within the city; (5) The days and hours of operation the applicant intends to operate; (6) Whether the applicant intends to operate as a stationary or roaming sidewalk vendor; (7) Description of the food or merchandise offered for sale; (8) If a vendor of food or food products, certificatio n to completion of a food handler course and proof of all required approvals from the County Department of Public Health; (9) A state seller's permit number pursuant to the California Revenue and Taxation Code § 6067 which shall be maintained for the duration of the vendor's city permit; (10) One of the following forms of identification, which upon collection, shall not be available by the city to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or comply with state law or state or federal court order:
(a) A copy of the valid California Driver's License or identification Card issued to the vendor; or (b) A copy of the individual taxpayer iden tification number issued to the vendor. (11) For stationary vendors, a site plan or descriptio n of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum clear width of 48 inches of accessible route area for pedestrian travel when considering the vendor equipment and anticipated customer queue, or other minimum clear width for pedestrian travel required by the Americans with Disabilities Act of 1990, being 42 U.S.C. § 12101 et seq., or other federal or state law with regard to disability access;
(12) A copy of general liability policy naming the city as additional insured, in the amount of $1,000,000.00, which shall be maintained for the duration of the vendor's city sidewalk vending permit; (13) An acknowledgement that the ve ndor will comply with all generally applicable local, state and federal laws;
(14) Any other reasonable informatio n regarding the time, place, and manner of the proposed vending; (15) Certification by the applican t that the information contained in the application is true to their knowledge and belief;
(16) An agreement by the vendor to indemnify, defend (at the vendor's sole cost and expense), and hold the city, and its officers, officials, employees, representatives, contract employees, and agents, harmless, from all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city's issuance of a sidewalk vending permit, the city's decision to approve the sidewalk vending permit, the operation of the sidewalk vending use and activity, and the process used by the city in making its decision. This indemnification shall include, but shall not be limited to, damages awarded against the city, if any costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action or proceeding whether incurred by the permitee, city, and/or the parties initiating or bringing such proceeding; and
(17) An acknowledgement that use of public property is at the vendor's own risk, and the city does not warrant or take any steps to ensure public property is safe or conducive to sidewalk vending operations.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20)
§ 5-7-154 Criteria for approval or denial of permit.
(A) Within 30 calendar days of receiving a complete application, as determined by the director, or their designee, the director shall approve the issuance of a permit unless they determine that:
(1) Information contained in the application, or suppl emental information requested from the applicant, is false in any material detail; or
(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents within 14 days of notification; or (3) The applicant has failed to demons trate an ability to conform to the operating standards set forth in § 5-7-4510, Operating Requirements; or
(4) The applicant has failed to demonstrate it can comply with disability access or traffic safety provision of the Municipal Code, or any statute, ordinance or regulation of the State, County, or any other public agency regulations adopted by reference by the city;
(5) The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter; or
(6) The applicant has had a sidewalk vending permit or similar permit rescinded within the past twelve 12 months by the city.
(B) If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-205 Permit expiration and renewal.
(A) A sidewalk vending permit shall be valid for 12 months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. (B) A person may apply for a permit renewal on a form provided by the city prior to the expiration of their active sidewalk vending permit.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-256 Permit rescission.
(A) The director may rescind a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this chapter.
(B) A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-307 Appeals.
Any person aggrieved by the decision of the director to issue, deny issuance, or rescind a sidewalk vending permit may appeal the decision to the city council. The appeal shall be filed with the city clerk within 15 days following the date of the director's decision.
(Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-358 Permits nontransferable.
No permit granted pursuant to this chapter shall be transferable. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) § 5-7-409 Permit display.
The sidewalk vending permit shall, during the time such permitee is engaged in sidewalk vending, be worn constantly and conspicuously by the permitee on the front of their outer garment. Sidewalk vendors shall be required to exhibit their permits and/or licenses at the request of any person. If multiple sidewalk vendors are staffing a sidewalk vending operation, each vendor shall, during the operation of sidewalk vending, conspicuously display their permit on the front of their outer garment. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20) SUBCHAPTER 3. BUSINESS REGULATIONS
§ 5-7-4510 Operating requirements.
Sidewalk vendors shall comply with the following:
(A) The sidewalk vendor shall be duly licensed and meet all requirements of Title 5, chapter 7, Subchapter
2. (B) No sidewalk vendor shall vend in the following locations:
(1) On a sidewalk or pathway immediately adjacent to a portion of a street or highway that is designated by signs or red curb markings as a "no stopping" or "no parking" zone; (2) On any sidewalk with a gradient in excess of 10%;
(3) Within 500 feet of a freeway onramp or off- ramp as prohibited by California Vehicle Code § 22520.25;
(4) Upon or within any roadway, median strip within a roadway, or dividing section of a roadway; (5) Within 500 feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary use permit; (6) Within 200 feet of City Hall, an y police station, or any fire station; The distance shall be measured from the property line of the lot or parcel on which City Hall, or the police station or fire station is located.
(7) Within 48 inches of another vendor;
(8) Within 500 feet of private or public academic sc hool attended by elementary, junior high, or high school pupils. The distance shall be measured from the property line of the lot or parcel; and, (9) Within 25 feet of a:
(a) Street intersection;
(b) Automated teller machine;
(c) Fire hydrant, fire call box, fire escape or other emergency facility; (d) Bus stop, loading zone, handicapp ed parking space or access ramp; (e) Driveway, alley, driveway apron, or crosswalk;
(f) Public art objects, items and display; and
(g) Storm-drain catch basin.
(10) Within 15 feet of streetlight , parking meters, above ground utility structures, or subsurface utility box, valve, or vault; or
(11) Within five feet of a parking meter.
(C) Sidewalk vendors and all aspects of their operatio ns, including but not limited to, any vending cart, any associated equipment, and any space occupied by the vendor of their employees, shall not occupy a space exceeding horizontal dimensions of a square measuring six feet by six feet. No vending cart, or associated equipment shall exceed a height of four feet. Sidewalk vendors may only use an umbrella or temporary covering for shade or protection from sun or rain, and it shall not exceed eight feet in height nor five feet in diameter.
Furthermore, the use of such an umbrella or temporary covering shall be fire rated as flame-resistant as approved by the County Fire Authority for any vending activities while an approved heating element or portable cooking equipment is in use.
(D) No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a minimum clear width of not less than 48 inches of accessible route area for pedestrians when considering the vendor equipment and anticipated customer queue, or such other minimum clear width for pedestrian travel as required by in compliance with the Americans with Disabilities Act of 1990, being 43 U.S.C. § 12101 et seq., or other provision of federal or state law with regard to disability access. (E) Sidewalk vending is permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows. (1) In residential zones, sidewal k vending shall be permitted between the hours of 8:00 a.m. and 8:00 p.m.
(2) In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street. (3) In parks, sidewalk vendors shall cease operations one hour prior to the close of the park, or by 10:00 p.m., whichever is earlier.
(F) Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential. (G) Stationary sidewalk vendors shall not vend at any park where the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
(H) Sidewalk vendors shall provide a trash receptac le for customers and ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor's customers. (I) These shall be no disposal of cooking materials or waste, including but not limited to used oil, into the city's trash receptacles, storm drains, plant material, or foliage. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls onto public property.
(J) The sidewalk vendor shall not attach to or use an y water lines, electrical lines, or gas lines during vending operations.
(K) Storage or display of equipment, materials, good s, wares, food, or merchandise associated with the vendor, outside the vending cart, is prohibited. All food and merchandise shall be located stored either inside or affixed to the vending cart or carried by the sidewalk vendor. The sidewalk vendor shall not store or keep any food or merchandise on public property. (L) Except for table, chair and shade structure for a stationary vendor, no other tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities;
(M) Signage associated with the sidewalk vender must be located on the vending cart, and the vendor shall not display any signage on public property.
(N) All signage and advertising rela ted to the sidewalk vendor and or vending operations shall not be electrical, flashing, wind powered, or animated.
(O) The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending vehicle.
(P) The sidewalk vendor location shall not block entrance s to private or public buildings, private or public driveways, parking spaces or building windows.
(Q) The sidewalk vendor shall not engage in aggressive sales, which shall include touching a person being offered food or merchandise without that person's consent, continuing to offer food or merchandise for sale to a person after they have declined to purchase food or merchandise, or deliberately blocking or impeding the path of the person(s) being offered food or merchandise. (R) Sidewalk vendors shall not vend to or otherwise conduct transactions with persons in moving vehicles or illegally parked or stopped vehicles.
(S) Sidewalk vendors shall possess at all times while vendi ng a valid permit issued pursuant to this division, as well as any other permit or license required by the city and any other appropriate governmental agency. The sidewalk vendor shall publicly display any and all required business and health licenses, including but not limited to a valid permit from the County Department of Public Health. (T) The sidewalk vendor shall remit all required and app licable taxes to the applicable taxing agencies. (U) The sidewalk vendor shall not leave their sidewalk vending operation unattended. (V) No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way beyond the allowed hours of operation. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city. (W) The sidewalk vendor shall not use propane, natural ga s, or other explosive or hazardous materials. The vendor shall not use an open flame for the sidewalk vending operation. (X) The sidewalk vendor shall not sell alcohol, mariju ana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana, or any products not permitted to be sold in the zone in which the sidewalk vendor is located. (Y) No vending shall occur in roadways, medians, pedestrian islands, or bikeways. (Z) No vending shall occur immediat ely adjacent to existing above-ground amenities such as newsstands or street furniture including but not limited to benches and bike racks. (AA) Sidewalk vendors shall comply with all applicab le state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990, being 42 U.S.C. § 12101 et seq., and other disability access standards (both state and federal).
(BB) No vending cart shall become a permanent fi xture on the vending site or be considered an improvement to real property.
(CC) The sidewalk vendor shall keep and maintain the vending area in a clean and sanitary condition. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20)
SUBCHAPTER 4. VIOLATIONS AND PENALTIES
§ 5-7-5011 Administrative citations.
(A) A violation of this chapter by a sidewalk vendor wh o has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to title 1, chapter 3, in amounts not to exceed the following:
(1) One hundred dollars for a first violation;
(2) Two hundred dollars for a second violation within one year of the first violation; and (3) Five hundred dollars for each additional viol ation within one year of the first violation. (B) A person engaged in sidewalk vending without a va lid city sidewalk vending permit is punishable by an administrative citation pursuant to title 1, chapter 3, subchapter 2, in amounts not to exceed the following, in lieu of the amounts set forth indivision (A) above:
(1) Two hundred fifty dollars for a first violation;
(2) Five hundred dollars for a second violation within one year of the first violation; (3) One thousand dollars for each additional violat ion within one year of the first violation; and (4) Upon proof of a valid sidewalk ve nding permit issued by the city, the administrative citations set forth in this division (B) shall be reduced to amounts set forth in division (A) above. (C) A violation of this chapter shall no t be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. (D) Failure to pay an administrative citation issued pu rsuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
(E) When assessing administrative cita tions pursuant to this section, the hearing officer shall take into consideration the person's ability to pay the fine. The city shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(F) If the person meets the criteria described in California Government Code § 68632 (a) or (b), the city shall accept, in full satisfaction, 20% of an administrative citation imposed pursuant to this chapter. (G) The hearing officer may allow a person to comple te community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition. (Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 5, passed 8-4-20)
Chapter 8 Commercial Vending Vehicle
Subchapter 1. Definitions, § 5-8-1
Subchapter 2. Permit Process, §§ 5-8-2—5-8-8
Subchapter 3. Business Regulations, §§ 5-8-9—5-8-11
Subchapter 4. Exemptions § 5-8-12
Subchapter 5. Violations and Penalties §§ 5-8-13
SUBCHAPTER 1. DEFINITIONS
§ 5-8-1 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Animated sign. Any sign that uses movement or change of lighting to depict action or create a special effect on scene. Includes flashing, revolving signs, etc.
Applicant. Any person applying for a commercial vending vehicle permit from the City.
Commercial vending vehicle. A "vehicle," as defined in the California Vehicle Code, equipped and used for retail sales, mobile food vending, or offering of prepared, prepackaged, or unprepared food operating at one or more locations within the City. This de finition shall include trailers or wagons pulled by a Vehicle and used as described herein.
Director. The Director of Community Development of the City of Laguna Niguel, or their designee.
Food truck. A type of commercial vending vehicle that is used for mobile food vending.
Mobile food vending . As used in this chapter shall mean o ffering and/or preparing food, beverage, merchandise, or related product of any kind for sale or distribution from a food truck on any street, alley, highway, public place, or private property.
Operator. Any person who owns, controls, manages, leas es, drives, and/or operates a food truck or commercial vending vehicle for the purpose of mobile food vending.
Person. Any natural person, firm, partnership, associatio n, corporation, stockholder, including, but not limited to, owners, operators, lessors, and lessees of commercial vending vehicles and vehicles used for mobile food vending.
Residential street. As used in this chapter, shall mean a street containing residential property on one or more sides of the street.
Temporary permit. A permit, other than a commercial vending vehicle permit, issued by the city for the temporary use of, or encroachment on, the sidewalk or an y other public area, includi ng, but not limited to, an encroachment permit, specia l event permit, or temporary use permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.
Vendor. As used in this chapter, means any person, applicant, or operator as defined in this chapter.
SUBCHAPTER 2. PERMIT PROCESS
§ 5-8-2 County permit required.
It shall be unlawful to engage in any operation of mobile food vending within the City without first obtaining all applicable permits from the County of Orange. All vendors shall have displayed in a conspicuous place on the food truck a current valid permit issued by the County.
§ 5-8-3 Commercial vending vehicle permit required.
(A) It shall be unlawful to engage in any operation of commercial vehicle vending within the City without a valid commercial vending vehicle permit issued by the Director, subject to the following conditions:
(1) All vendors shall have displayed in a conspicuous place on the commercial vending vehicle a current valid commercial vending vehicle permit issued by the City. (2) The term of a commercial vending vehicle permit, unless sooner suspended or revoked, shall be for a period of one year from the date of issuance.
(3) A commercial vending vehicle permit shall not be tran sferable to any other entity or person and is valid only as to the original applicant for the term stated. (4) Within 30 days of expiration of the commercial vending vehicle permit, the vendor may renew the permit for an additional one-year term by submitting a new application in conformance with this chapter and Title 5 of the Municipal Code and paying all associated fees. Failure to timely renew is grounds for denial of renewal.
(B) No commercial vending vehicle permit shall be requi red for a commercial vending vehicle operating in conjunction with an event authorized by a special event permit, temporary use permit, or other permitted event.
§ 5-8-4 Commercial vending vehicle permit application.
(A) All applications for a commercial vending vehicle permit shall require the following information:
(1) The business name under which the applicant proposes to conduct commercial vehicle vending; (2) The legal name and any other names used by the applicant; (3) The present residence and business address, telephone numbers, and email address of the applicant; (4) A description of the proposed commercial vehicle vending operation. This includes, but is not limited to, the type of vehicle(s), vending, and the general description of the type of food, beverage, merchandise, or related products to be sold;
(5) The makes, body styles, years, state license plate numbers, and names and addresses of the registered and/or legal owners of each commercial vending vehicle; (6) A copy of the current valid California registration for each commercial vending vehicle to be used; (7) A photograph, copy, or description of the logo, co lor scheme, insignia, and any other distinguishing characteristics of each commercial vending vehicle;
(8) A copy of the applicant's California driver's lic ense and individual taxpayer identification number issued to the applicant;
(9) The legal names, addresses and telephone numbers of all persons employed or intended to be employed, or with whom the applicant has contracted , leased or intends to contract with as driver and operator of the applicant's vehicle(s);
(10) A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the applicant;
(11) A copy of all applicable permits issued by the Orange County Health Department or other applicable regulatory agencies authorizing the proposed vehicle vending operation to the applicant for mobile food vending;
(12) Identification of each jurisdicti on in California the applicant curre ntly operates and has previously operated a commercial vending vehicle for the last three years. If the applicant has ever had any similar license or permit revoked or suspended in th e last three years, the applicant must disclose the circumstances of such suspension or revocation;
(13) Proof of commercial general liability and automobile liability insurance, in an amount determined by the Director, but in no event less than $1,000,000 per occurrence, naming the City and its officials, officers, employees, agents, and volunteers as an additional insured and a certification that applicant shall maintain such coverage for the term of th e permit. Applicant is required to maintain such coverage for the term of the permit;
(14) A signed agreement by the applicant to indemnify, defend (at the applicant's sole cost and expense), and hold the City of Laguna Niguel, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance or failure to issue a commercial vehicle vending permit, the City's decision to approve or its re fusal to approve the commercial vehicle vending permit, the operation of the commercial vehicle ve nding use and activity, and the process used by the City in making its decision. This indemnificat ion shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding;
(15) A signed acknowledgment that use of public property is at the applicant’s own risk, and the City does not take any steps to ensure public property is safe or conducive to vending operations; (16) Such other identification and/or information as the City, in coordination with the City Attorney and Sheriff, may require to determine compliance with this chapter and other applicable laws; and (17) A signed declaration by the applicant that to their knowledge and belief, the information contained in the application is true.
(B) When any change in the business occurs regarding the written information required by this section prior to or after issuance of a permit, the app licant shall give written notification of such change to the Director within two weeks after such change.
(C) Prior to the issuance of a commercial vending vehicle pe rmit, the applicant may be required to file with a designee of the City a LiveScan background check conducted by the California Department of Justice within the previous six months of the application date.
§ 5-8-5 Review of permit application – decision.
(A) Within 30 days of receiving a comp lete commercial vending vehicle permit application and an acceptable LiveScan report issued by the Depart ment of Justice, the Director, or their designee, shall review the application to determine whether it complies with the requirements of this chap ter and shall approve or
deny the application. The Director, or their designee, shall provide the applicant with written notice of their decision to the address indicated in the application.
(B) Except as otherwise provided in this chapter, the Director or their designee, after review of the application, shall approve or conditionally approve the commercial vending vehicle permit if the application conforms with all of the following findings:
(1) Granting the application will not be detrimental or injurious to property or improvements, the public peace, health, safety, morals or welfare of the City or the inhabitants; (2) The application is complete and complies with the requirements of this chapter; (3) All required application and/or permit fees have been paid in full; and (4) All necessary licenses and permits have been obtained. (C) If such commercial vending vehicle permit is approved , the Director or designee may impose such terms, conditions, and restrictions upon the operation and conduct of such business, not in conflict with any law, as it may deem necessary or expedient to protect the public peace, safety, morals, or welfare of the City and its inhabitants.
§ 5-8-6 Commercial vending vehicle permit denial.
(A) If the Director or their designee finds that any of the requirements set forth in § 5-8-5 have not been met, they shall deny the application for a commercial vending vehicle permit. (B) Additionally, the Director, or their designee, shall deny an application for a permit if he or she makes any of the following findings:
(1) The applicant has made one or more material misstatements in the permit application. (2) The vending operation, as described in the application, does not comply with the requirements of this chapter.
(3) The applicant is required to register under the provisions of California Penal Code Section 290. (4) Within three years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three years of the date of the application. (5) The applicant does not possess all Federal, State, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.
(6) The applicant has had a commercial vending vehicle permit, sidewalk vending permit, or similar permit revoked within the past 12 months in the City or any other jurisdiction. (C) In the event the application is denied, written notice of such denial shall be given to the applicant specifying the basis for such denial.
(D) Notice of denial shall be deemed to have been served if it is personally served to the applicant or when deposited in the United States mail with prepaid post age and addressed to the applicant at their address provided in the application.
(E) An applicant aggrieved by the denial of a commercial vending vehicle permit may appeal the decision to a hearing officer pursuant to § 5-8-8.
§ 5-8-7 Commercial vending vehicle permit suspension and revocation. (A) Any commercial vending vehicle permit may be suspended or revoked by the Director upon finding for any of the following:
(1) Falsehood of any information supplied by the vendor upon which issuance of the commercial vending vehicle permit was based;
(2) Failure of the vendor to notify the Director within two weeks of any change occurring subsequent to the issuance of the commercial vending vehicle perm it in the information supplied by the vendor upon which issuance of the commercial vending vehicle permit was based. (3) Failure of the vendor, or of any employees, su bcontractors, or independent contractors of the vendor, to comply with the regulations set forth in this chapter; or (4) Violation by the vendor, or any employee, subcontractor, or independent contractor of the vendor of any Federal or State law or the Municipal Code while in the course of conducting commercial vehicle vending operations pursuant to the commercial vending vehicle permit. (B) No such suspension or revocation shall become effectiv e until the vendor has been notified, in writing, of the right to appeal the suspension or revocation. Notification of the vendor shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the vendor's residence address as set forth on the application for a commercia l vending vehicle permit. If an appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of a hearing officer pursuant to § 5-8-8. If an appeal is not filed, the su spension or revocation shall become effective after the timely appeal period has expired.
(C) Any vendor aggrieved by a decision of the Director to suspend or revoke the commercial vending vehicle permit may appeal to a hearing officer pursuant to § 5-8-8.
§ 5-8-8 Appeals.
Any applicant or vendor aggrieved by the decision of the director to issue, deny issuance of, or rescind a commercial vending vehicle permit may appeal the decision to the hearing officer in accordance with the procedures in §§ 1-3-20 through 1-3-24.
SUBCHAPTER 3. BUSINESS REGULATIONS
§ 5-8-9 Conditions and restrictions imposed on permit – public safety justification (A) Compliance with the operating conditions, restrictio ns, limitations, and requirements set forth in this chapter shall constitute conditions upon every comme rcial vending vehicle permit issued pursuant to this chapter.
(B) The conditions, restrictions and operating requirements set forth in this chapter are intended to protect the health, welfare and public safety of vendors, their patrons, and the general public for reasons including, but not limited to:
(1) Reducing exposure to pedestrian versus vehicle contact; (2) Preserving adequate sight distances and visibility of drivers entering or existing streets, intersections, and driveways;
(3) Maintaining safe and accessible public rights-of- way by disabled persons to comply with the Americans with Disabilities Act;
(4) Maintaining safe and accessible pedestrian pathways in areas commonly utilized by pedestrians; (5) Preventing the appearance of "marketplace" vending which is more likely to generate crowding on public sidewalks that would impede pedestrians and accessible use of sidewalks by disabled persons; (6) Reducing the chance pedestrians will enter vehicular rights-of-way or block the entrance or exit of a business;
(7) Reducing the danger that children will enter into traffic and be injured or killed trying to reach a vendor, especially near schools, day care facilities, parks and recreational facilities; (8) Reducing unnecessary or unanticipated slowing of vehicles approaching on-ramps, immediately adjacent to curb and sidewalk, or exiting freeway off-ramps where drivers are merging into oncoming traffic which is likely to cause accidents;
(9) Reducing the possibility that drivers will be distracted in their line of sight by a vendor in the way of oncoming traffic;
(10) Causing visual distraction to the driving public such as lighting; (11) Causing excessive noise that disturbs the peace;
(12) Eliminating litter, refuse, and food waste from the public right-of-way; and (13) Reducing the likelihood of pollutants, grease, wastewater, and other contaminants from entering the City's storm drain system.
§ 5-8-10 Location and siting requirements.
(A) All commercial vending vehicles shall be located and operated so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and so as to maintain a clear line of sight for vehicles, bicycles and pedestrians in the public right-of-way. No commercial vending vehicle shall be located or operated so as to obstruct access to or circulation through any parking lot, or to obstruct acce ss to any public sidewalk or alley.
(B) Private Property.
(1) The locations where commercial vehicle vending can occur on private property shall be as determined through a temporary permit filed by the property owner with the Director in accordance with the processing requirements of §9-1-45.10. The outdoor vending area shall comply with the provisions of the Zoning Code.
(2) Commercial vehicle vending on private property in violation of this subsection is prohibited. (C) Public Right-of-Way. Commercial vehicle vending in the public right-of-way is permitted only as set forth in this section.
(1) For purposes of this section, distance shall be me asured in a straight line from the location where the commercial vending vehicle is parked.
(2) A commercial vending vehicle shall not operate at any of the following locations:
(a) Within 500 feet of any house of worship, school during its hours of operation, day care facility, public park, hospital, library, or governmental office or facility unless authorized to do so in writing by the applicable property and with a temporary use permit.
(b) Within 10 feet of any driveway, or public or private building entrance, or any area not designed for vehicular parking.
(c) Within 25 feet of any bus stop, bus bench, or bus shelter. (d) Within 50 feet of any street intersection.
(e) Within 50 feet of any street intersection controlled by a traffic light, crosswalk, or stop sign. (f) Within 50 feet of any fire hydrant or connection, fire lane, or fire call box. (g) Within 50 feet of any entrance, fire escape, or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business therein. (h) Within 50 feet of any driveway or driveway apron.
(i) Within 50 feet of any curb return of an unmarked crosswalk or curb ramp. (j) Within 50 feet of another commercial vending vehicle or sidewalk vendor. (k) Within 50 feet of any loading or unloading zone , parking spaces, or access ramp or parking space designed for individuals with disabilities.
(l) On any street where the posted speed limit exceeds 35 miles per hour. (m) Overnight parking of commercial vending vehicles on a public street or alley is prohibited. (n) Within 50 feet of any parking lot or parking structure. (o) Within 50 feet of any railroad crossing or train tracks. (p) Within 500 feet of any major transit stop.
(q) Within 25 feet of any active encroachment permit issued and displayed during the time and dates listed in the permit.
(r) Within 25 feet of any automated teller machine (ATM) or parking pay station. (s) Within 25 feet of any outdoor dining or patio area of a business. (t) Within 500 feet of a freeway on-ramp or off-ramp.
(u) Within 500 feet of any permitted certified farmer's market, permitted swap meet, or area designated for use pursuant to a temporary permit, during the operating hours or duration of the certified farmer's market, swap meet, or temporary special permit (v) Within 500 feet of the nearest property line of any private homeowners association.
§ 5-8-11 Operational requirements.
(A) Any vendor shall comply with the following regulations:
(1) Vendors shall comply with all applicable provisions of this chapter. (2) Vendors shall comply with all applicable local, State, and Federal laws. (3) It is unlawful to engage, or attempt to engage, in commercial vehicle vending until the vehicle has come to a complete stop and is lawfully parked.
(4) Vendors shall comply with all local parking and Ve hicle Code provisions which apply to the location at which the commercial vending vehicle is parked.
(5) The name of the business, the City, State, zip code, that the vehicle is registered to shall be posted on the vehicle where it is legible and clearly visible to customers. The letters for the name of the business shall be at least three inches high and sh all be of a color contrasting with the surface on which it is posted. Letters and numbers for the City, State, and zip code, may not be less than one inch in height.
(6) The part of the commercial vending vehicle from which the products are vended must be open to prospective customers on the side facing toward the adjacent sidewalk only. (7) It is unlawful to vend to persons within a vehicle or standing in any portion of the right of way open to motor vehicles.
(8) Use of sound-amplifying equipment is prohibited.
(9) Commercial vending vehicles may operate on resid ential streets Monday through Sunday between the hours of 7:00 a.m. and 7:00 p.m. On all other streets, commercial vending vehicles may operate Monday through Sunday between the hours of 6:00 a.m. and 10:00 p.m. (10) Commercial vending vehicles are strictly prohibited from obstructing emergency vehicle routes, fire call boxes, fire lanes, fire hydrants, or any other fire safety equipment and facilities. (11) Vendors shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and State regulations. (12) Vendors shall comply with all a pplicable laws relating to the employment of minors. Any minor assisting with or engaged in mobile food vending shall be accompanied by a vendor with a valid vending permit. Any and all actions of the minor related to vending, including any violations committed by the minor, are attributable to the vendor. (13) The vendor shall provide a trash receptacle for public use. The trash receptacle must be placed on the exterior of and within 10 feet of the commercial vending vehicle. The vendor shall keep all areas within 25 feet of the commercial vending vehicle clean and free from litter, garbage, and debris. The vendor shall ensure that all trash and waste collect ed from its operations is lawfully and properly disposed of.
(14) Vendors may place waste containers on public sidewal ks, provided that a minimum of 48 inches of accessible path of travel for pedestrians is maintained. (15) Exterior storage of refuse, equipment, or materials associated with the commercial vending vehicle is prohibited.
(16) No tables, chairs, furniture, or other seating provisions for customers shall be allowed. (17) It shall be unlawful to discharge any liquid (e.g., water, grease, oil, etc.), or any other item creating an imminent and substantial danger or environm ental hazard to the health, safety, or general welfare onto or into City streets, storm drains, ca tch basins, sewer facilities, or other City property.
All discharges shall be contained and properly disposed of by the operator. (18) Signs used in conjunction with a commercial vending vehicle shall be affixed to or painted on the vehicle. Signs in the public right-of-way, feather banners, signs above the roof of the vehicle, and animated signs are prohibited.
(19) Except as required by the California Vehicle Code, no additional lighting is permitted to be installed on a commercial vending vehicle except for temporary non-flashing lighting for customers. Such lighting must be affixed to the vehicle, directed solely toward the sidewalk, and must not illuminate neighboring properties.
(20) No lighting or any other objects a ssociated with a commercial vendin g vehicle shall be attached to any utility pole, street sign, or other structure.
(21) No commercial vending vehicle shall attach or receive any utilities from private or public property. (22) The serving or consumption of alcohol shall be prohibited. (23) Any commercial vending vehicle that is vending in the City for longer than one hour during any 24- hour period must be legally parked within 200 feet of an approved and readily available toilet and handwashing facility, or as otherwise approved by the City and/or Orange County Health Care Agency Environmental Health Division, to ensure that restroom facilities ar e available to the mobile food vehicle operator and its employees. The vendor mu st provide written evidence to the City upon demand that they have permission from an adjoinin g private property owner to use their restroom facilities.
(24) The vendor shall maintain insurance as required by this chapter. (25) During an urgent or emergency public safety event or incident, including, but not limited to, a traffic accident, crime scene, medical emergency, gas le ak, natural disaster, fire, on-site construction, sidewalk or road work or related work on a capi tal improvement project, the City may temporarily require the vendor to relocate to another location or area if doing so is necessary to protect the public's safety, health or welfare.
(26) Vendors shall present a valid government-issued ph oto identification, California driver license or identification card, commercial vending vehicle Permit, business license, and other applicable license or permit, upon the request of the Director or their designee, county sheriff, and Orange County health inspector authorized to enforce the provisions of this chapter.
SUBCHAPTER 4. EXEMPTIONS
§ 5-8-12 Exemptions.
(A) The requirements of this chapter shall not apply to:
(1) Any person delivering any goods or merchandise by vehicle wh ere such goods or merchandise has been ordered in advance for such delivery from any business located at a permanent location and which goods or merchandise is being delivered from such location to the customer by vehicle, regardless of the point of sale thereof.
(2) This chapter shall not apply to persons delivering goods, wares, merchandise, groceries, or prepared foods upon order of, or by agreement with, a customer from a fixed store, restaurant, or other fixed place of business or distribution or warehouse.
(3) Any person engaged in the vending of goods or merchandise on public property where such person has been authorized by the city to engage in such activity by a pe rmit, lease, real property license, agreement or other entitlements issued by the city for such purpose. (4) A contractual or other private arrangement between a mobile food truck and an individual or group that wishes to have food catered to a specific location and which is not open to the public.
SUBCHAPTER 5. VIOLATIONS AND PENALTIES
§ 5-8-13 Administrative citations.
(A) A violation of this chapter by a vendor who has a co mmercial vending vehicle permit from the City is punishable by an administrative cita tion pursuant to title 1, chapter 3, in amounts not to exceed the following:
(1) One hundred dollars for a first violation.
(2) Two hundred dollars for a second violation within one year of the first violation. (3) Five hundred dollars for each additional violation within one year of the first violation. (B) A person engaged in mobile food vending without a valid City commercial vending vehicle permit is punishable by an administrative citation pursuant to title 1, chapter 3, subchapter 2, in amounts not to exceed the following, in lieu of the amounts set forth in subsection (A) above:
(1) Two hundred fifty dollars for a first violation.
(2) Five hundred dollars for a second violation within one year of the first violation; (3) One thousand dollars for each additional violation within one year of the first violation; and (4) Upon proof of a valid commercial vending vehicle permit issued by the City, the administrative citations set forth in this subsection (B) shall be reduced to amounts set forth in subsection (A) above. (C) A violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. (D) Failure to pay an administrative ci tation issued pursuant to this sectio n shall not be punishable as an infraction or misdemeanor. Addition al fines, fees, assessments, or an y other financial conditions beyond those authorized herein shall not be assessed.
(E) When assessing administrative citati ons pursuant to this section, the hearing officer shall take into consideration the person's ability to pay the fine. The City shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The pers on may request an ability- to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(F) If the person meets the criteria desc ribed in California Government Code § 68632(a) or (b), the City shall accept, in full satisfaction, 20% of an administrative citation imposed pursuant to this chapter. (G) The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.
Laguna Niguel, California, Code of Ordinances
TITLE 6 HEALTH AND SANITATION
TITLE 6
HEALTH AND SANITATION
Chapter 1. General Provisions (Reserved)
Chapter 2. Disease Control
Chapter 3. Sewage and Solid Waste Disposal
Chapter 4. Food and Sanitation
Chapter 5. Water Conservation
Chapter 6. Noise Control
Chapter 7. Public Smoking
Chapter 8. Flavored Electronic Cigarette Products
Chapter 9. Ambulance Service
Chapter 2 DISEASE CONTROL
Subchapter 1. Reserved, §§ 6-2-1—6-2-17
SUBCHAPTER 1. RESERVED
§ 6-2-1—6-2-17. Reserved.
Chapter 3 SEWAGE AND SOLID WASTE DISPOSAL
Subchapter 1. Construction Site Sanitation Facilities, §§ 6-3-1—6-3- 16 Subchapter 2. Solid Waste Management, §§ 6-3-17—6-3- 14742 Subchapter 3. Reserved, §§ 6-3- 14843—6-3-199
Subchapter 4. Hazardous Material Disclosure, §§ 6-3-200—6-3-399 Subchapter 5. Prohibition of Non-Stormwater Discharges into Storm Sewers, §§ 6-3-400—6-3-599
Subchapter 6. Construction and Demolition Waste Recycling Program, §§; 6-3-600—6-3-6 1099
Subchapter 7. Organic Waste Disposal Reduction, §§ 6-3-700—6-3- 71399
Subchapter 8. Special Collection, §§ 6-3-800 —6-3-899
SUBCHAPTER 1. CONSTRUCTION SITE SANITATION FACILITIES
§ 6-3-1. Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Building inspector. The director of community development or their designee.
Person. Any person, firm or corporation, or any county, municipal corporation or public district of the state.
Sanitary facility. A water flush toilet approved by the health department connected to an approved sewage disposal system, or a chemical type toilet approved by the health department.
Work. The erection, construction, alteration, repair, razing, adding to, removal or demolition of any building; the construction or repair of any street, road, highway or railroad or installation of sewers or water lines; or the improvement of any grounds for parks, playgrounds or airports or for any similar purpose. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-2. Sanitary facilities required.
It shall be unlawful for any person to commence or proceed with any work, unless, before commencing or proceeding with the work, adequate and suitable sanitary facilities are provided for the use of persons employed on such work. The sanitary facilities provided shall be located upon the site upon which such work is being done, or, in case it is impractical to locate the facilities upon the site, such sanitary facilities must be located not more than 250 feet from the site of the work. Not less than one sanitary facility shall be provided for each 20 persons or fraction thereof employed upon the work.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-3. Specifications generally.
All sanitary facilities shall be completely enclosed on all sides and the top and shall be equipped with a self- closing door. The floor of the enclosure shall be six inches above ground level and shall be smooth, and screened ventilation shall be provided for the sanitary facility compartment. All sanitary facility enclosures shall have an inside area of at least 15 square feet for each sanitary facility enclosed. Each sanitary facility enclosure shall contain at least one sanitary facility with seat and cover and one separate urinal. The ceiling height of the sanitary facility enclosure shall be a minimum of six feet.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-4. Specifications in special situations.
(A) On work employing not more than 15 persons at any time on any premises that does not abut any street, alley or easement in which a public sewer is available for connection, or for the erection of a single dwelling, a pit privy may be maintained, in lieu of the sanitary facilities referred to in § 6-3-3. (B) The privy vault shall be at least three feet in depth and not less than six square feet in area. The foundation or floor thereof and the riser and seat therein shall be so constructed and maintained as to provide a completely flytight vault.
(C) No privy shall be constructed or maintained within four feet of the property line or within ten feet of any sidewalk or public way or within 50 feet of any residence or any premises used for residential purposes.
No privy shall be built or maintained within a radius of 500 feet from any grocery store, delicatessen, meat market, public eating place or school, or within 100 feet of a water well.
(D) Whenever the use of a privy vault is discontinued, the vault contents shall be covered to a depth of not less than one foot with compacted earth.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-5. Maintenance.
(A) All sanitary facility enclosures provided for by this article shall be maintained in a clean and sanitary condition at all times and shall be kept supplied with toilet paper. (B) Pit privies shall be disinfected with a suitable material to prevent odors and fly breeding. (C) Chemical type sanitary facilities shall be completely pumped out at sufficiently frequent intervals to prevent odors and overflowing and shall be recharged with a fresh non-skinburning chemical. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-6. Enforcement of subchapter.
It shall be the duty of the building inspector, the health department and all peace officers charged with the enforcement of law to enforce this subchapter and all the provisions of this subchapter. (Ord. 90-11, § 4, passed 3-6-90)
§§ 6-3-7—6-3-16 Reserved.
SUBCHAPTER 2. SOLID WASTE MANAGEMENT1
§ 6-3-17. Definitions.
For the purpose of this subchapter, the following words, terms, phrases and their derivations have the meanings given herein. Terms defined elsewhere in this chapter shall have the same meanings herein unless expressly defined in this subchapter. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. (Ord. 90-11, § 4, passed 3-6-90) Sec. 6-3-18. - Definitions (A).
Administrative department. The department of the city designated by the city council to administer this subchapter.
Administrative officer. The duly appointed officer of the city authorized to administer this subchapter, as designated by the city council.
Sec. 6-3-19. Definitions (B).
BACK-HAUL. Generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 California Code of Regulations § 18982(a)(66)(A).
Blue container. Has the same meaning as in 14 California Code of Regulations § 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste. The body of the blue container is either blue or black in color and the lid is blue in color for residential and commercial 35-, 64- or 96-gallon recyclable materials carts. The body of the blue container is white in color and the lid of the container is blue or black in color for two, three, four or six cubic yard commercial recyclable materials bins.
Board of supervisors. the board of supervisors of Orange County.
Sec. 6-3-20. Definitions (C).
California Code of Regulations. The State of California Code of Regulations, California Code of Regulations references in this subchapter are preceded with a number that refers to the relevant Title of the California Code of Regulations (e.g., “14 California Code of Regulations” refers to Title 14 of California Code of Regulations).
CalRecycle. California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing and enforcing SB 1383 Regulations on cities (and others).
City Enforcement Official. The City Manager, or other executive in charge or their authorized designee(s), who is/are partially or wholly responsible for enforcing the ordinance. See also Regional or County Agency Enforcement Official.
Commercial Business or Commercial. A firm, partnership, proprietorship, joint-stock company, corporation or association, whether for-profit or nonprofit, strip mall, industrial facility or a multi-family residential dwelling, or as otherwise defined in 14 California Code of Regulations § 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a Commercial Business for purposes of implementing this subchapter.
Commercial Edible Food Generator. Includes a tier one or a tier two commercial edible food generator, as defined in this subchapter or as otherwise defined in 14 California Code of Regulations §§ 18982(a)(73) and (a)(74).
For the purposes of this definition, food recovery organizations and food recovery services are not Commercial Edible Food Generators pursuant to 14 California Code of Regulations § 18982(a)(7).
Compliance Review. A review of records by the city to determine compliance with this subchapter.
Community Composting. Any activity that composts green material, agricultural material, food material and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 California Code of Regulations § 17855(a)(4); or as otherwise defined by 14 California Code of Regulations § 18982(a)(8).
Compost. Has the same meaning as in 14 California Code of Regulations § 17896.2(a)(4), that Compost means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
Compostable Plastics or Compostable Plastic. Plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 California Code of Regulations §§ 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
Collector means any person who operates a service for the collection and transportation of solid wastes from residential, commercial, institutional or industrial premises.
Commission means the waste and hazardous materials management advisory commission.
Container. receptacles for solid waste storage.
Container Contamination or Contaminated Container. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 California Code of Regulations § 18982(a)(55).
County Agency Enforcement Official. A regional agency enforcement official, designated by the city with responsibility for enforcing the ordinance in conjunction or consultation with city enforcement official.
C&D. Construction and demolition debris.
Sec. 6-3-21. Definitions (D).
Designee. An entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this subchapter as authorized in 14 California Code of Regulations § 18981.2. A Designee may be a government entity, a hauler, a private entity or a combination of those entities.
Direct Service Provider. A person, company, agency, district or other entity that provides a service or services to city pursuant to a contract or other written agreement or as otherwise defined in 14 California Code of Regulations § 18982(a)(17).
Disposal means to transfer, recycle, process or dispose of solid waste.
Disposal facilities means any combination of solid waste handling installations, including but not limited to disposal stations, transfer stations and recycling and processing plants.
Disposal station means a facility established, maintained and operated by the county for the disposal of solid waste.
Secs. 6-3-22, 6-3-23. Reserved.
Sec. 6-3-24. Definitions (G).
Edible food. Food intended for human consumption or as otherwise defined in 14 California Code of Regulations § 18982(a)(18). For the purposes of this subchapter or as otherwise defined in 14 California Code of Regulations § 18982(a)(18), EDIBLE FOOD is not solid waste if it is recovered and not discarded. Nothing in this subchapter or in 14 California Code of Regulations, Division 7, Chapter 12 requires or authorizes the recovery of EDIBLE FOOD that does not meet the food safety requirements of the California Retail Food Code.
Enforcement Action. An action of the city to address non-compliance with this subchapter, including, but not limited to, issuing administrative citations, fines, penalties or using other remedies.
Excluded Waste. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing or disposal, be a violation of local, state or federal law, regulation or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city’s, or its designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city or its designee to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment and disposal of batteries and paint in compliance with California Public Resources Code, §§ 41500 and 41802. EXCLUDED WASTE does not include used motor oil and filters, household batteries, universal wastes, electronic waste and/or latex paint when such materials are defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.
Food Distributor. A company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 California Code of Regulations § 18982(a)(22).
Food Facility. Has the same meaning as in California Health and Safety Code § 113789.
Food Recovery. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 California Code of Regulations § 18982(a)(24).
Food Recovery Organization. (1) An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 California Code of Regulations § 18982(a)(25), including, but not limited to:
(a) A food bank as defined in the California Health and Safety Code § 113783; (b) A nonprofit charitable organization as defined in the California Health and Safety Code § 113841; and (c) A nonprofit charitable temporary food facility as defined in the California Health and Safety Code § 113842.
(2) A food recovery organization is not a commercial edible food generator for the purposes of this subchapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12 pursuant to 14 California Code of Regulations § 18982(a)(7).
(3) If the definition in 14 California Code of Regulations § 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 California Code of Regulations § 18982(a)(25) shall apply to this subchapter.
Food Recovery Service. A person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 California Code of Regulations § 18982(a)(26). A FOOD RECOVERY SERVICE is not a commercial edible food generator for the purposes of this subchapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12 pursuant to 14 California Code of Regulations § 18982(a)(7).
Food Scraps. All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, fats, oils, grease and eggshells.
Food Service Provider. An entity primarily engaged in providing food services to institutional, governmental, commercial or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 California Code of Regulations § 18982(a)(27).
Food-Soiled Paper. Compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes and milk cartons.
Food Waste. Food scraps.
Gray Container. Has the same meaning as in 14 California Code of Regulations § 18982(a)(28) and shall be used for the purpose of storage and collection of GRAY CONTAINER waste. The body and lid of the GRAY CONTAINER is black in color for 35-, 64- or 95-gallon residential and commercial solid waste carts. The body of the GRAY CONTAINER is blue in color and the lid of the container is black in color for commercial two, three, four and six cubic yard solid waste bins.
Gray Container Waste. Solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 California Code of Regulations §§ 18984.1(a) and (b), or as otherwise defined in 14 California Code of Regulations § 17402(a)(6.5).
Green Container. Has the same meanings as in 14 California Code of Regulations § 18982(a)(29) and shall be used for the purpose of storage and collection of source separated Green Container organic waste. The lid of the Green Container is green is color and the body is black in color for residential and commercial 35-, 64- or 95-gallon organic waste carts. The body of the Green Container is white in color and the lid of the container is green in color for commercial two-yard organic waste bins.
Grocery Store. A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish and poultry; and any are that is not separately owned within the store where the food is prepared and served, including a bakery, deli and meat and seafood departments, or as otherwise defined in 14 California Code of Regulations § 18982(a)(30).
Sec. 6-3-25. Definitions (H).
Hauler. Any solid waste collector or solid waste transporter who has been granted a franchise by the city council to engage in the collection, transportation or disposal of solid waste, recyclables or organic waste in the city.
Hauler Route. The designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 California Code of Regulations § 18982(a)(31.5).
Hazardous waste. means solid or liquid wastes with certain inherent dangers to people, animals, birds, fish or plants, including but not limited to toxic wastes, chemicals, explosives, pathological wastes and radioactive wastes. (1) All waste defined or characterized as hazardous waste by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6902 et seq.) in 42 U.S.C. § 6903(5) as amended from time to time, and all implementing regulations; (2) All waste defined or characterized as a hazardous substance pursuant to the provisions of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA” or “Superfund”), as in 42 U.S.C. § 9601(14), may be amended from time to time, and all implementing regulations; and
(3) All waste defined or characterized as hazardous waste by agencies of the state (including, without limitations, the Department of Health Services, the Department of Toxic Substances Control and CalRecycle) having jurisdiction over solid and hazardous waste. The term HAZARDOUS WASTE means in addition to any of the foregoing categories, those substances which are not normally permitted to be disposed of by generally accepted, sanitary landfill disposal methods, but which may be contained in solid waste streams. In the event of a conflict in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over HAZARDOUS WASTE, the broader, more encompassing definition shall apply.
High Diversion Organic Waste Processing Facility. A facility that is in compliance with the reporting requirements of 14 California Code of Regulations § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 75%, as calculated pursuant to 14 California Code of Regulations § 18815.5(e) for organic waste received from the Mixed Waste Organic Collection Stream as defined in 14 California Code of Regulations § 17402(a)(11.5); or as otherwise defined in 14 California Code of Regulations § 18982(a)(33).
Health officer means the city health officer or his duly authorized representative.
Highway. any street, road, alley, highway or thoroughfare.
Sec. 6-3-26. Definitions (I).
Industrial waste. any liquid or solid waste substance, not sewage, from any producing, manufacturing or processing operation of whatever nature.
Inspection. A site visit where the city, or County Health Agency Enforcement Official, reviews records, containers and an entity’s collection, handling, recycling or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this subchapter, or as otherwise defined in 14 California Code of Regulations § 18982(a)(35).
Secs. 6-3-27, 6-3-28. Reserved.
Sec. 6-3-29. Definitions (L).
Large Event. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit or privately-owned park, parking lot, golf course, street system or other open space when being used for an event. If the definition in 14 California Code of Regulations § 18982(a)(38) differs from this definition, the definition in 14 California Code of Regulations § 18982(a)(38) shall apply to this subchapter.
Large Venue. A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of the subchapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit or privately-owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater or other public attraction facility. For purposes of this subchapter and implementation of 14 California Code of Regulations, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other large venues in the site, is a single Large Venue. If the definition in 14 California Code of Regulations § 18982(a)(39) differs from this definition, the definition in 14 California Code of Regulations § 18982(a)(39) shall apply to this subchapter.
Local Education Agency. A school district, charter school or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 California Code of Regulations § 18982(a)(40).
Liquid waste. any waste, or combination of wastes, which is free flowing.
Multi-Family Residential Dwelling or Multi-Family. Of, from or pertaining to residential premises with five or more dwelling units. Multi-Family premises do not include hotels, motels or other transient occupancy facilities, which are considered commercial businesses.
Non-Compostable Paper. Includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 California Code of Regulations § 18982(a)(41).
Non-Local Entity. The following entities that are not subject to the city’s enforcement authority, or as otherwise defined in 14 California Code of Regulations § 18982(a)(42):
(1) Federal facilities located within the boundaries of the city; and (2) State agencies located within the boundaries of the city, including all local education agencies.
Non-Organic Recyclables. Non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 California Code of Regulations § 18982(a)(43).
Notice of Violation or NOV. A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 California Code of Regulations § 18982(a)(45) or further explained in 14 California Code of Regulations § 18995.4.
Organic Waste. Solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate and sludges or as otherwise defined in 14 California Code of Regulations § 18982(a)(46). Biosolids and digestate are as defined by 14 California Code of Regulations § 18982(a).
Organic Waste Generator. A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 California Code of Regulations § 18982(a)(48).
Secs. 6-3-30—6-3-32. Reserved.
Sec. 6-3-33. Definitions (P).
Paper products. Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue and toweling, or as otherwise defined in 14 California Code of Regulations § 18982(a)(51).
Permit area means those portions of the city designated on the official maps designating the solid waste collection permit areas of the city, including all amendments and changes thereto, which maps are incorporated in this article by reference and are on file in the administrative department and in the office of the city clerk.
Permit holder or permittee means any solid waste collector or solid waste transporter who has been granted a permit by the city council to engage in the collection, transportation or disposal of garbage or rubbish in a specific permit area in the city.
Person. any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, municipality, district or other political subdivision, or any group or combination acting as a unit.
Printing and Writing Papers. Include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines and publications, or as otherwise defined in 14 California Code of Regulations § 18982(a)(54).
Processor. any person regularly engaged in the processing or recycling of solid wastes.
Prohibited Container Contaminants. The following:
(1) Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (2) Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (3) Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city’s green container and/or blue container; and
(4) Excluded waste placed in any container.
Sec. 6-3-34. Reserved.
Sec. 6-3-35. Definitions (R).
Recovered Organic Waste Products. Products made from state, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility or as otherwise defined in 14 California Code of Regulations § 18982(a)(60).
Recovery. Any activity or process described in 14 California Code of Regulations § 18983.1(b), or as otherwise defined in 14 California Code of Regulations § 18982(a)(49).
Recycled-Content Paper. Paper products and printing and writing paper that consist of at least 30%, by fiber weight, postconsumer fiber or as otherwise defined in 14 California Code of Regulations § 18982(a)(61).
Regional Agency. Regional agency as defined in California Public Resources Code § 40181.
Residential solid waste. solid waste from residential sources only, i.e., homes, apartments and other dwellings.
Restaurant. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 California Code of Regulations § 18982(a)(64).
Route Review. A visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 California Code of Regulations § 18982(a)(65).
Rubbish means all nonputrescible wastes, including but not limited to paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris and other similar materials.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-36. Definitions (S).
SB 1383. Senate Bill 1383 of 2016, approved by the Governor on September 19, 2016, which added §§ 39730.5, 39730.6, 39730.7 and 39730.8 to the California Health and Safety Code, and added Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30 of the California Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as emended, supplemented, superseded and replaced from time to time.
SB 1383 Eligible Mulch. Mulch eligible to meet the annual recovered organic waste product procurement target, pursuant to 14 California Code of Regulations, Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 California Code of Regulations § 18993.1(f)(4):
(1) Produced at one of the following facilities:
(a) A compostable material handling operation or facility as defined in 14 California Code of Regulations § 17852(a)(12), that is permitted or authorized under 14 California Code of Regulations, Division 7, other than a chipping and grinding operation or facility as defined in 14 California Code of Regulations § 17852(a)(10);
(b) A transfer/processing facility or transfer/processing operation as defined in 14 California Code of Regulations § 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 California Code of Regulations, Division 7; or
(c) A solid waste landfill as defined in the California Public Resources Code § 40195.1 that is permitted under 27 California Code of Regulations, Division 2.
(2) Meet or exceed the physical contamination, maximum metal concentration and pathogen density standards for land application specified in 14 California Code of Regulations § 17852(a)(24.5)(A)1 through 3, as enforced by § 6-3-40(A).
SB 1383 Regulations or SB 1383 Regulatory. The short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 California Code of Regulations, Division 7, Chapter 12 and amended portions of regulations of 14 California Code of Regulations and 27 California Code of Regulations.
Self-Hauler. A person who hauls solid waste, organic waste or recyclable material they have generated to another person. SELF-HAULER also includes a person who back-hauls waste, or as otherwise defined in 14 California Code of Regulations § 18982(a)(66).
Single-Family. Of, from or pertaining to any residential premises with fewer than five units.
Solid waste. means all putrescible and nonputrescible solid or semisolid wastes including semi-liquid or wet wastes with insufficient moisture and other liquid contents to be free flowing, garbage, rubbish, ashes, demolition and construction wastes, and other discarded materials resulting from domestic, institutional, commercial, industrial, agricultural and community operations and activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources. Has the same meaning as defined in the California Public Resources Code § 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that SOLID WASTE does not include any of the following wastes:
(1) Hazardous waste, as defined in the California Public Resources Code § 40141; (2) Radioactive waste regulated pursuant to the California Radiation Control Law (Chapter 8 (commencing with § 114960) of Part 9 of Division 104 of the California Health and Safety Code); and (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the California Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in California Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the California Public Resources Code.
Solid waste handling. includes the storage, collection, transportation, treatment, utilization, processing, recycling and disposal of solid wastes.
Solid waste management system means the entire process, including but not limited to storage, collection, transporting, source reduction, recycling, processing or the ultimate disposal of solid waste.
Source Separated. Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 California Code of Regulations § 17402.5(b)(4). For the purposes of this subchapter, SOURCE SEPARATED shall include separation of materials by the generator, property owner, property owner’s employee, property manager or property manager’s employee into different containers for the purpose of collection such that SOURCE SEPARATED materials are separated from gray container waste or other solid waste for the purposes of collection and processing.
Source Separated Blue Container Organic Waste. Source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 California Code of Regulations § 18982(a)(43), or as otherwise defined by 14 California Code of Regulations § 17402(a)(26.7).
Source Separated Green Container Organic Waste. Source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper and textiles.
Source Separated Recyclable Materials. Source separated non-organic recyclables and source separated blue container organic waste.
State. The State of California.
Supermarket. A full-line, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry grocery, canned goods or nonfood items and some perishable items, or as otherwise defined in 14 California Code of Regulations § 18982(a)(71).
Sec. 6-3-37. Definitions (T).
Tier One Commercial Edible Food Generator.
(1) A commercial edible food generator that is one of the following:
(a) Supermarket;
(b) Grocery store with a total facility size equa l to or greater than 10,000 square feet; (c) Food service provider;
(d) Food distributor; and
(e) Wholesale food vendor.
(2) If the definition in 14 California Code of Regulations § 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 California Code of Regulations § 18982(a)(73) shall apply to this subchapter.
Tier Two Commercial Edible Food Generator.
(1) A commercial edible food generator that is one of the following:
(a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; (b) Hotel with an on-site food facility and 200 or more rooms; (c) Health facility with an on-site food facility and 100 or more beds; (d) Large venue;
(e) Large event;
(f) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; and
(g) A local education agency facility with an on-site food facility. (2) If the definition in 14 California Code of Regulations § 18982(a)(74) of TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 California Code of Regulations § 18982(a)(74) shall apply to this subchapter.
Transfer station. a supplemental transportation facility used as an adjunct to refuse collection vehicles.
Transporter. any person who transports solid waste from a central collection point to a processor or disposal facility.
Sec. 6-3-38. Reserved.
Sec. 6-3-39. Definitions (V).
Vehicle. any truck, trailer, semitrailer, passenger car, station wagon, pickup or conveyance used or intended to be used for the purpose of collecting, hauling or transporting solid waste upon public highways.
Wholesale Food Vendor. A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor or other destination, or as otherwise defined in 14 California Code of Regulations § 189852(a)(76).
Secs. 6-3-40—6-3-43. Reserved.
Sec. 6-3-44. Solid waste storage. § 6-3-18 Requirements for single-family generators. (a) Garbage. Every person occupying or having charge or control of any premises in the city in or on which any garbagesolid waste may or does accumulate or exist shall place and keep all such garbagesolid waste, recyclables and organic waste upon the premises in a covered watertight metal or other impervious container, which shall meet the approval of the health department. Such container shall be kept in a sanitary condition and in good repair at all times.
(b) Mixed garbage and rubbish. Garbage and rubbish may be stored in the same container, which shall be of the type prescribed for garbage containers. Single-family waste generators shall comply with the following requirements, unless they meet the self-hauler requirements in this subchapter:
(1) Subscribe to the city’s organic waste collection services. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site and/or using a community composting site pursuant to 14 California Code of Regulations § 18984.9(c); and
(2) Participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described herein, and shall not place prohibited container contaminants in collection containers. The generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
(c) Weight and capacity of containers. Except for mechanically dumped containers, the weight of containers, including contents, at time of collection shall not exceed 50 pounds. The container shall have a capacity of not more than 40 gallons.
(d) Nonconforming containers. Containers which do not conform to the standards of this section shall be tagged by the collectorhauler. The collectorhauler shall notify the administrative department and the health officer city after the second such violation for investigation and appropriate action. (e) Yard waste. Yard and tree trimmings shall either be placed in athe green container or in a bundle or bag or shall be securely tied in bundles measuring not more than four feet long and two feet in diameter and weighing not more than 50 pounds. Grass clippings shall be stored in the same manner as garbage. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-19 Requirements for Commercial Businesses.
Generators that are commercial businesses, including multi-family residential dwellings, shall:
(A) Subscribe to city’s three-container collection services and comply with requirements of those services as described below in division (B) below, except commercial businesses that meet the self-hauler
requirements in § 6-3-32. The city shall have the right to revise the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city; (B) (1) Except commercial businesses that meet the self-hauler requirements in § 6-3-32, participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below.
(2) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container.
(C) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with divisions (D)(1) and (D)(2) below) for employees, contractors, tenants and customers, consistent with city’s blue container, green container and gray container collection service or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with § 6-3-32;
(D) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 California Code of Regulations § 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 California Code of Regulations § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(E) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in division (D) above pursuant to 14 California Code of Regulations § 18984.9(b); (F) To the extent practical through education, training, inspection and/or other measures, excluding multi- family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city’s blue container, green container and gray container collection service or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with § 6-3-32;
(G) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 California Code of Regulations § 18984.9(b)(3);
(H) Annually provide information to employees, contractors, tenants and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials;
(I) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property;
(J) Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with § 6-3-35 to confirm compliance with the requirements of this subchapter; (K) If a commercial business wants to self-haul, meet the self-hauler requirements in § 6-3-32; (L) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site or using a community composting site pursuant to 14 California Code of Regulations § 18984.9(c); and
(M) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 6-3-30.
Sec. 6-3-45. § 6-3-20 Solid waste removal.
(A) Solid waste created, produced or accumulated in or about an apartment house, a dwelling house or other place of human habitation shall be removed from the premises at least once each week. (b) Solid waste containing significant amounts of garbage created, produced or accumulated at motels, hotels, restaurants, boardinghouses or other like business establishments shall be removed from the premises at least once every four days. If conditions warrant, the health officer may require a greater frequency of removal.
(B) It is unlawful for the person having control or posse ssion of the premises described division (A) above to fail or neglect to provide for the removal of solid waste. Each day's violation of this section shall be treated and considered as a separate and distinct offense.
(C) Residential solid waste containers sh all be placed adjacent to the public highway, or curb thereon, not earlier than 24 hours before collection is scheduled and removed therefrom not later than 24 hours after collection. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-46. Reserved.
§ 6-3-21 Waivers for Generators.
(A) De minimis waivers. The city may waive a commercial business’ obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this subchapter if the commercial business provides documentation, or if the city has evidence demonstrating, that the business generates below a certain amount of organic waste material as described in division (A)(2) below. If the city has sufficient evidence demonstrating that a commercial business generates below a certain amount of organic waste as described in division (A)(2) below, it may verify that the commercial businesses’ organic waste generation meets the threshold without the receipt of a waiver application as described in division (A)(1) below. As part of the organic waste generation verification process, the city may request documentation from the commercial business as described in division (A)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in division (A)(2) below;
(2) Provide documentation that either:
(a) The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business’ total waste; or (b) The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business’ total waste. (3) Notify the city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded; and (4) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.
(B) Physical space waivers.
(1) The city may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of §§ 6-3-18 or 6-3-19. (2) A commercial business or property owner may request a physical space waiver through the following process:
(a) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver;
(b) Provide documentation that the premises lacks adequate space for blue containers and/or green containers, including documentation from its hauler, licensed architect or licensed engineer; and (c) Provide written verification to city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.
Sec. 6-3-47. Collector's permit required.
Except as otherwise provided in this article, no person other than a permit holder or permittee shall transport or collect solid waste in the city.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-48. Exemptions from collector's permit.
Any person hauling his own solid waste or solid waste generated by himself, such as persons hauling solid waste from their own residence or from farm agricultural operations; and public agencies or municipalities hauling solid waste; and industrial, commercial and building contractors hauling refuse generated by themselves shall not be required to have a permit. Any person hauling under a temporary special services contract collecting demolition or construction debris will not be required to obtain a permit. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-49—6-3-54. Reserved.
Sec. 6-3-55. Collectors serving community associations.
Collectors serving community or mutual homeowner associations in the city may be selected by the associations provided that the city council first determines that there is no existing permit holder in the permit area capable of collecting this residential solid waste at prices established for such service under section 6-3-57.
The collector shall comply with the associations' regulations and must also obtain a city permit as provided by this article and comply with all applicable city ordinances and regulations. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-56. Collection permit areas.
(a) The city shall be divided into permit areas for the purpose of solid waste collection and transportation, and they shall be designated by the city council.
(b) The administrative officer shall ma intain maps of the permit areas, which shall be kept on file in the administrative department and in the office of the city clerk. (c) The permit areas shall be designated by resolution and may be modified by the city clerk from time to time.
All permittees in any area affected by such modification shall be given 60 days' written notice before such modification is effected. It shall be unlawful for any person other than permit holders to operate a collection or transportation service within the city except as specifically authorized within the boundaries of a district. (d) Effective July 1, 1991, permit areas shall be serviced in the city by permittees on an exclusive basis. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-57. § 6-3-22 Charges for collection service.
(A) All charges for collection services sh all be approved by the city council. and shall be nondiscriminatory and uniform for equal services rendered. A permittee's residential rates within a permit area will be uniform.
Charges shall be based upon the number of containers, types of waste, number of separate pickup points at place of collection, placement of containers, distance of carryout, frequency of collection, location and
geographical terrain, and whether a commercial, industrial or residential collection. Charges for services in a permit area shall not be shared with a nonpermittee or a permittee from another permit area. (B) PermitteesHaulers shall permit access by the city, on demand of the administrative officer, to subscriber lists showing names and addresses of subscribers in the city, frequency of collection, the rate charged subscribers and the type of account, whether residential, commercial or industrial. (C) Application for rate changes shall be made in writing to the administrative officer. Changes in rates may be authorized by the city council after investigation and recommendation by the administrative officer. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-58. § 6-3-23 Payment for collection service.
Billings may be made so that payment for residential service is due quarterly, in advance, and commercial service is due monthly, in arrears, or as otherwise set forth in the franchise agreement. In lieu of advance quarterly payments, the subscriber may post with the collector a two-month payment deposit refundable upon termination of service and provided all bills have been paid.
(Ord. 90-11, § 4, passed 3-6-90)
Secs. 6-3-59—6-3-63. Reserved.
Sec. 6-3-64. Investigation of collectors.
(a) The administrative department may, if deemed nece ssary, require a permit holder to provide a verified current operating expense report to ascertain if fees charged subscribers are reasonable, nondiscriminating and uniform for equal service.
(b) Complaints of discrimination or overcharging by a customer shall be submitted, in writing, to the administrative department, and the administrative officer will conduct an investigation. The result of the investigation will be communicated in writing to the complainant and the involved permittee. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-65. Required collection services.
(a) The permit holder shall, when d eemed essential to the public health and safety by the health officer and directed by the administrative officer, provide collection service to any resident or to any commercial or industrial establishment located within the permit area desiring such collection service, at the regular rate. (b) The administrative officer may require the collector to provide service to an adjacent permit area, when necessary to ensure that adequate collection service is provided the public, at a rate to be approved by the city council.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-66. § 6-3-24 Suspension of collection service.
A permit holder hauler may deny service to a subscriber for reason of failure to pay his justtheir bill or for any substantial refusal to comply with the requirements of this Code, after giving the subscriber two weeks' notice and an opportunity to comply. The administrative department and the health officer shall be notified in writing of
any proposed service denial seven days prior to ceasing service to the subscriber. As provided in the hauler’s franchise agreement.
(Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-67. Issuance or renewal of collection permit.
Permits shall be issued or renewed by the city council. Effective July 1, 1991, permits to provide residential and commercial solid waste collection services in the city shall be issued on an exclusive basis for each permit area. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-68—6-3-73. Reserved.
Sec. 6-3-74. Collection permit fees.
(a) Fees for permits issued under this arti cle shall be established by resolution adopted by the city council. Fees shall be paid in full annually, in advance, by July 1, and shall be computed to recover all costs of the city for administration and operation of the permit process. Fees will be allocated to each permittee in ratio to the number of subscribers served by the permittee.
(b) The fees provided for in this section shall be paid to the administrative department and deposited with the city treasurer. All such fees shall be credited to the waste management enterprise fund. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-74.1. Excavation of disposal facilities or disposal sites. (a) No person shall excavate any solid waste from a dispos al facility or disposal site and transfer the solid waste to a county-owned, county-operated or county-controlled disposal facility or disposal site unless permission to do so is first obtained from the board of supervisors after review and recommendation by the director of the general services agency of the county.
(b) Solid waste excavated from disposal facilities or disposal sites and transferred to county-owned, county- operated or county-controlled disposal facilities or disposal sites shall be subject to fees. These fees shall be paid to the county in accordance with the procedures set by the county auditor-controller at rates set by resolution adopted by the board of supervisors.
(c) The director of the general services agency of the co unty shall have the authority to control all aspects of the disposition of materials excavated from disposal facilities or disposal sites. This includes but is not limited to point of delivery, time, day and rate of delivery and any mitigation measures deemed appropriate. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-75. § 6-3-25 Bond and insurance for collectorsHaulers. (A) The city council from time to time may , by resolution, establish bond requirements for permitteeshaulers as it may deem necessary.
(B) Concurrently with the issuance or renewal of a permit, the permittee shall: The City Council may further include insurance and indemnity requirements in any franchise agreement. (1) Obtain and keep in force, during the term of the permit, insurance coverage acceptable to the city.
(2) Agree to appear and defend all actions against the city arising out of the exercise of such permit, and shall indemnify and save the city and its officers, employees and agents harmless of and from all claims, demands, actions or causes of actions of every kind and description resulting directly or indirectly, arising out of or in any way connected with the exercise of such permit. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-76. Reserved.
Sec. 6-3-77. Cancellation of collector's permit.
If a permit remains inactive for 30 consecutive calendar days, it may be canceled by the city council. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-78. § 6-3-26 Transfer of collector's permit franchise.
The permittee A hauler shall not sell, assign, subcontract or transfer a permitfranchise, or any of the rights and privileges granted thereby, without the prior written approval of the city council. Any change in management of a permittee must be approved in writing by the city council. Disregard of any of the provisions of this section is sufficient grounds for city council revocation of the permit. The permittee shall file a statement of ownership and management at such times as requested by the administrative officer, and shall verify the statement as being true and correct under the penalty of perjury.
(Ord. 90-11, § 4, passed 3-6-90)
Secs. 6-3-79—6-3-83. Reserved.
Sec. 6-3-84. § 6-3-27 Collection vehicles, containers and other equipment. (A) Vehicles used in the collect ion or transportation of solid waste shall comply with the following requirements set forth in the franchise agreement.
(1) Liquid, semiliquid or wet wastes will be hauled only in leakproof containers or vehicles with leakproof bodies constructed of metal with all joints and seams welded. (2) Vehicles shall be equipped with devices capable of covering every open section of the body where solid waste may be placed.
(3) Trucks over three-quarters ton in capacity shall be equipped with a device for mechanical unloading. (4) The permittee's name or firm name, together with his telephone number and street address, shall be printed or painted in legible letters, not less than three inches in height, on both sides of the truck or conveyance.
(5) The vehicles shall be maintained at all times in good and safe mechanical condition. They shall be clean, sanitary and painted to the satisfaction of the administrative officer. (6) Vehicles shall be inspected at the disc retion of the administrative department. (7) Improper vehicle maintenance is sufficient cause for the administrative officer to suspend the permit. (B) All containers used by collectorshaulers shall have the collectorhauler's name and telephone number, as it appears on the statement of ownership, clearly imprinted thereon.
(C) The city reserves the right to control the permitteehauler's equipment in the event of emergencies affecting the public health and safety.
(Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-85. § 6-3-28 Hours and schedule of collections. (A) Residential solid waste collection sha ll be made only between the hours of 67:00 a.m. and 86:00 p.m., Monday through Saturday, on a schedule that must be approved by the administrative department. (B) Residential collections shall be made at least once weekly. The permittee will provide an unlimited quantity collection service up to a maximum of six 40-gallon containers. (C) The collectorhauler is not required to pick up dirt, rocks, building material, furniture, appliances, water heaters, automobile parts or other bulky items or any object weighing more than 50 pounds or longer than four feet. Special arrangements for the removal of these items may be made between the collectorhauler and the resident, and the charges therefor will be agreed on between them. (D) The schedule for collections other th an residential collections shall be mutually agreeable to the customer and the collectorhauler and approved by the administrative department in consultation with the health officer city. The administrative officer may prescribe the intervals and times of collection. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-3-29 Requirements for Commercial Edible Food Generators. (A) Tier one commercial edible food generators and tier two commercial edible food generators must comply with this section pursuant to 14 California Code of Regulations § 18991.3. (B) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section.
(C) Commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed; (2) Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for:
(a) The collection of edible food for food recovery; or (b) Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service;
(4) Allow city’s designated enforcement entity or designated third-party enforcement entity to access the premises and review records pursuant to 14 California Code of Regulations § 18991.4; (5) Keep records that include the following information, or as otherwise specified in 14 California Code of Regulations § 18991.4:
(a) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 California Code of Regulations § 18991.3(b);
(b) A copy of all contracts or written agreements established under 14 California Code of Regulations § 18991.3(b); and
(c) A record of the following information for each of those food recovery services or food recovery organizations:
1. The name, address and contact information of the food recovery service or food recovery organization;
2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization;
3. The established frequency that food will be collected or self-hauled; and
4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery. (6) No later than October 31 of each year for tier one commercial edible food generators and tier two commercial edible food generators, those commercial edible food generators shall provide an annual food recovery report to the city that includes the following information:
(a) A copy of all contracts or written agreements established under 14 California Code of Regulations § 18991.3(b);
(b) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery; and (c) The name, address and contact information of the food recovery service or food recovery organization. (D) Nothing in this subchapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act or share table and school food donation guidance pursuant to Senate Bill 557 of 2017, as those laws are amended.
§ 6-3-30 Requirements for Food Recovery Organizations and Services. (A) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 California Code of Regulations § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 California Code of Regulations § 18991.5(a)(1):
(1) The name, address and contact information for each commercial edible food generator from which the service collects edible food;
(2) The quantity in pounds of edible food collected from each commercial edible food generator per month; (3) The quantity in pounds of edible food transported to each food recovery organization per month; and (4) The name, address and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
(B) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 California Code of Regulations § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 California Code of Regulations § 18991.5(a)(2):
(1) The name, address and contact information for each commercial edible food generator from which the organization receives edible food;
(2) The quantity in pounds of edible food received from each commercial edible food generator per month; and
(3) The name, address and contact information for each food recovery service that the organization receives edible food from for food recovery.
(C) No later than March 31 of each year, food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 California Code of Regulations § 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 California Code of Regulations § 18991.3(b).
(D) Food recovery capacity planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the city of its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.
§ 6-3-31 Requirements for Haulers and Facility Operators. (A) Requirements for haulers. The exclusive franchised hauler providing residential, commercial or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement or other authorization with the city to collect organic waste:
(1) Through written notice to the city annually on or before March 15, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials and source separated green container organic waste;
(2) Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity or property that recovers organic waste as defined in 14 California Code of Regulations, Division 7, Chapter 12, Article 2; and (3) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 California Code of Regulations § 18989.1; this subchapter; and the city’s C&D ordinance. (B) Requirements for facility operators and community composting operations. (1) Owners of facilities, operations and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities and publicly-owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days. (2) Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.
§ 6-3-32 Self-Hauler Requirements.
(A) Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city’s organics and recycling collection program)
generated on-site from solid waste in a manner consistent with 14 California Code of Regulations §§ 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 California Code of Regulations § 18984.3.
(B) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility. (C) Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste; (2) The amount of material in cubic yards or tons transported by the generator to each entity; and (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
(D) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in division (C) above to city, if requested.
(E) A residential organic waste generator that self-hauls organic waste, as described in § 6-3-18, is not required to record or report information in division (C) and (D) above.
§ 6-3-33 Procurement Requirements for City Departments, Direct Service Providers and Vendors. (A) Direct service providers of landscaping maintenance, renovation and construction shall:
(1) Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction or maintenance performed for the city, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application shall comply with 14 California Code of Regulations, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 California Code of Regulations § 17852(a)(24.5)(A)(1) through (a)(24.5)(A)(3); and
(2) Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to the city, upon completion of projects. Information to be provided shall include:
(a) General description of how and where the product was used and, if applicable, applied; (b) Source of product, including name, physical location and contact information for each entity, operation or facility from whom the recovered organic waste products were procured; (c) Type pf product;
(d) Quantity of each product; and
(e) Invoice or other record demonstrating purchase of procurement. (B) All vendors providing paper products and printing and writing paper shall:
(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber instead of non-recycled products
whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than 10% of the total cost for non-recycled items; (2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 C.F.R. § 260.12;
(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper or both can be verified by a product label, catalog, invoice or a manufacturer or vendor internet website; (4) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 C.F.R. § 260.12 (2013); and
(5) Provide records to the city’s recovered organic waste product procurement recordkeeping staff, in accordance with the city’s recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in divisions (B)(3) and (B)(4) above for recycled-content purchases, purchaser name, quantity purchased, date purchased and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
§ 6-3-34 Compliance with Calgreen C&D Requirements.
(A) Persons applying for a permit from the city for new construction and building additions and alternations shall comply with all required components of the California Green Building Standards Code, 24 California Code of Regulations, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply.
(B) Project applicants shall refer to city’s building and/or planning code and Title 6, Chapter 3, Subchapter 6 for complete CALGreen requirements.
Sec. 6-3-86. § 6-3-35 Inspections and Investigations of service complaints. (A) City representatives, and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads or transfer, processing or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this subchapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection.
(B) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee, or its designated entity/designee, during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records or any other requirement of this subchapter described herein. Failure to provide or arrange for:
(1) Access to an entity’s premises; or
(2) Access to records for any inspection or investigation is a violation of this subchapter and may result in penalties described.
(C) Any records obtained by a city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in California Government Code § 7920.000 et seq.
(D) The city representatives, its designated entity and/or designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this subchapter, subject to applicable laws. (E) City shall receive written complaints from persons regarding an entity that may be potentially non- compliant with SB 1383 regulations, including receipt of anonymous complaints. (F) Service complaints shall be investigated by the administrative department city enforcement officer, and unless a satisfactory settlement is effected, the city council may be requested to hold a hearing by any of the parties involved, including the administrative department. Unsatisfactory service is sufficient cause for the administrative officer to suspend a permit pending a city council hearing for revocation. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-87. Business office of collectors.
Permittees shall maintain an office at some fixed place within the city and shall maintain a listed telephone number thereat. Such listing shall be in the firm name and shall be on the exchange of the area serviced or a tollfree number. The permit holder shall, during the hours between 8:00 a.m. and 5:00 p.m. of each day except Saturdays, Sundays and holidays, have a competent adult person at the office for the purpose of answering inquiries and receiving complaints from customers. The permit holder shall notify the administrative department in writing seven days prior to any change in business address or telephone number. Such notice shall set forth the revised information.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-88. Suspension or revocation of collector's permit.
A permit may be suspended by the administrative officer when the permittee violates any provision of this article or any rule or regulation promulgated by the administrative officer. The notice of intended suspension will be in writing and delivered in person or by registered or certified mail to the business address of the permittee appearing on the permit application. A hearing will be held before the administrative officer on the charged violation at a time to be stated in the notice. The permittee shall be given at least two weeks' notice before the hearing. Suspension may be for an indefinite period. The effective date of suspensions shall be noted in the notice to suspend. During the suspension period, the administrative officer may make such arrangements with others as are necessary for furnishing collection or transportation services in the area. Permit revocation may be done only by the city council after notice and hearing as provided in this section. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-89—6-3-93. Reserved.
Sec. 6-3-94. Appeals.
Any person who is dissatisfied with any decision or ruling of the administrative officer under the provisions of this article may appeal to the city council, which shall have the power to grant or deny such appeal. The appeal shall be taken by filing with the city clerk a notice of appeal within ten days after the date of such decision or ruling as entered in the minutes of the administrative department. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-95. § 6-3-36 Transport of solid waste.
No person shall convey or transport solid wastes upon or along any public highway in the city unless such solid waste is contained and covered or otherwise secured so as to prevent it from leaking, dripping, falling, blowing or scattering from the vehicle in which it is being conveyed or transported. All vehicles and equipment used in the transport of any form of refuse shall be kept clean. No person shall drain the liquid from any such vehicle upon any road or highway or upon any other land in such manner as to create an unsanitary condition.
Persons hauling solid wastes on the public highways shall completely empty the solid wastes from their vehicles or containers at the disposal site, or recover them if they are not completely emptied, in order to prevent the scattering of residue on the return trip.
(Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-96. § 6-3-37 Additional rules and regulations.
The administrative officer, in consultation with the health officer, shall have the power and duty to promulgate rules and regulations to regulate the collection and transportation of solid waste in the city. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-97. Designation of disposal stations.
The board of supervisors shall establish and set aside or designate locations within the county to be used as public solid waste disposal sites. These sites shall be known as county disposal stations. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-98. § 6-3-38 Unlawful dumping.
It shall be unlawful for any person to place, deposit or dump solid waste of any kind whatsoever upon any private or public property within a distance of 1,000 feet from any public highway in the city, or within a distance of 500 feet from any established residence or dwelling house within the city, or to cause or suffer or permit such solid waste to be placed, deposited or dumped upon any public or private property within a distance of 1,000 feet of any public highway or within a distance of 500 feet of any established residence or dwelling house in the city, without first having obtained a use permit pursuant to the zoning laws of the city as now or hereafter amended, or pursuant to any other zoning law that may be hereafter adopted in the place and stead of the zoning laws of the city.
(Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-99. Payment of disposal fees.
It shall be unlawful for any person to place, deposit or dump solid waste at a county disposal facility without proper payment of fees established by resolution of the board of supervisors. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-100. § 6-3-39 Dumping of tires.
It shall be unlawful for any person to dispose, abandon or dump any automobile, truck or bicycle tires or any other type of tire upon any private or public property, other than at a transfer or disposal facility authorized by law to dispose of such tires or by any otherwise lawful disposal method such as disposal at a recycling facility. (Ord. 90-11, § 4, passed 3-6-90)
Secs. 6-3-101—6-3-103. Reserved.
Sec. 6-3-104. Supervision of county disposal facilities.
All county disposal facilities shall be under the supervision of the director of the general services agency of the county, who shall have the power and duty to promulgate rules and regulations regulating the use by the public and the operation of such disposal facilities. Any rule adopted by the director pursuant to this section shall be posted in a conspicuous place at the disposal facility to which it pertains, and the violation of any such rule shall constitute a violation of this article.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-105. Obedience to signs at disposal stations.
The director of the general services agency of the county is authorized to erect and maintain signs upon county disposal stations, which signs shall designate those areas where the dumping of solid wastes is permitted. It shall be unlawful for any person to place, deposit or dump solid wastes in any form in or upon the county disposal station except in those areas or portion thereof designated by such signs erected by the director. It shall be unlawful for any person to place, deposit or dump solid wastes in any form in areas or portions of such county disposal stations designated by signs erected by the director as areas wherein the dumping of solid wastes is prohibited.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-106. Disposal of hazardous or offensive waste, dead animals or large objects at disposal stations.
It shall be unlawful for any person to place, deposit or dump or cause to be placed, deposited or dumped any hazardous wastes, swill, offal, manure, dead animal carcasses, dead fowl, dead fish or objects longer than six feet in or upon a disposal station unless special permission is granted by the director of the general services agency of the county.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-107. Disposal of bulky waste at disposal stations.
It shall be unlawful for any person to place, deposit or dump auto bodies, tree stumps or similar bulky waste in any county disposal station except those stations as are designated for the dumping of such wastes by the director of the general services agency of the county.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-108. Disposal of industrial waste at disposal stations.
It shall be unlawful for any person to place, deposit or dump any industrial waste in any county disposal station except for those kinds of industrial wastes, and in those county disposal stations, as are designated for the dumping of such wastes by resolution of the board of supervisors. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-109. Assistance to disabled vehicles at disposal facilities.
If the director of the general services agency of the county determines that a disabled vehicle at a disposal facility is in danger or is interfering with disposal operations, he shall take action to remove the vehicle to the nearest safe location accessible to emergency repair personnel or for towing. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-110—6-3-113. Reserved.
Sec. 6-3-114. Disposal of liquid waste at disposal stations.
It shall be unlawful for any person to place, deposit or dump any liquid waste in any county disposal station other than those stations designated for the dumping of such waste by resolution of the board of supervisors. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-115. Reserved.
Sec. 6-3-116. Disposal of waste originating outside county at disposal stations.
It shall be unlawful for any person to place, deposit or dump or cause to be placed, deposited or dumped in or upon any county disposal station any solid wastes originating outside of the county. In any prosecution for the violation of this section, it shall be presumed that any solid waste brought to, deposited or dumped or caused to be brought, placed, deposited or dumped in or upon any county disposal station by any person who is not an inhabitant of the county and not regularly engaged in the business of collecting solid waste is solid waste originating outside of the county. The director of the general services agency of the county may require a person suspected of having solid waste originating outside the county in his possession and in the process of disposing of it in a county disposal facility to prove under the penalty of perjury the origin of the solid waste. The form of proof shall be determined by the director. The solid waste may not be dumped until permission is granted by the director or his authorized agent.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-117. Removal of materials from disposal station.
It shall be unlawful for any person in or upon any county disposal station to salvage or collect therein or remove therefrom any trash, junk or other materials or substances whatsoever, except with the written permission of the board of supervisors.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-118. Unlawful entry on disposal station.
It shall be unlawful for any person in or upon any county disposal station to enter, remain or loiter therein for any purpose except the purposes authorized in this article. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-119—6-3-123. Reserved.
Sec. 6-3-124. Exceptions to article.
No provision of this article shall apply to the use of solid wastes in normal farming operations or in the processing or manufacturing of other products in a manner that will not create a public nuisance or adversely affect the public health, and the provisions of this article shall not apply to an individual disposing of solid wastes originating from his own residence onto land or facilities owned by him when disposal of such wastes does not thereby create a public nuisance or adversely affect the public health. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-125. § 6-3-40 Enforcement of subchapter.
(A) Enforcement and application. The general provisions of this subchapter and the rules and regulations adopted pertaining to the public health, safety and well-being of the public shall be enforced by the health officer city. This subchapter shall not apply to non-local entities unless otherwise provided by law.
He shall be empowered to investigate any violation of this article, and for such purposes he shall have the powers of a peace officer. This enforcement responsibility shall apply to all public health aspects of the solid waste handling activities within the city. If necessary, and after proper notice and hearing, he may abate a nuisance, and the person having control or possession of the premises abated will be liable to the city for the costs of such abatement. These costs may be recovered in a civil action. (B) Issuance. Violation of any provision of this subchapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this subchapter are issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative fines set forth in §§ 1-3-11 through 1-3-25 are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection and review of administrative citations issued to enforce this subchapter and any rule or regulation adopted pursuant to this subchapter, except as otherwise indicated in this subchapter. (C) Remedies and actions. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the state courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
(D) Responsible entity for enforcement.
(1) Enforcement pursuant to this subchapter may be undertaken by the city enforcement official, which may be the City Manager, or their designated entity, legal counsel or combination thereof. (2) Enforcement may also be undertaken by a regional or county agency enforcement official, designated by the city, in consultation with a city enforcement official.
(a) City enforcement official(s) and regional or county agency enforcement official will interpret ordinances; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and determine if compliance standards are met. (b) City enforcement official(s) and regional or county agency enforcement official may issue notices of violation(s).
(E) Process for enforcement.
(1) (a) City enforcement officials or regional or county enforcement officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints and an inspection program. Section 6-3-711 establishes city’s right to conduct inspections and investigations. (b) The city may issue an official notification to notify regulated entities of its obligations under the ordinance.
(c) The city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.
(d) Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city’s administrative citation ordinance in §§ 1-3-11 through 1-3-25. (2) Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
(F) Penalty amounts for types of violations. Consistent with § 1-3-17, the penalty levels are as follows. (1) For a first violation, the amount of the base penalty shall be $100.00 per violation. (2) For a second violation, the amount of the base penalty shall be $200.00 per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be $500.00 per violation. (G) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with § 6-3-712 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God, such as earthquakes, wildfires, flooding and other emergencies or natural disasters; (2) Delays in obtaining discretionary permits or other government agency approvals; or (3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 California Code of Regulations § 18996.2 due to those deficiencies.
(H) Appeals process. Consistent with §§ 1-3-20 through 1-3-24, persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city’s procedures in the city’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order. (I) Civil penalties for non-compliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service or other entity is not in compliance with this subchapter, it shall document the
noncompliance or violation, issue a notice of violation and take enforcement action pursuant to § 6-3-57, as needed.
(Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-126. § 6-3-41 Administration of subchapter.
The director of the general services agency of the county shall be responsible for the operation, care, administration and management of all the county disposal facilities, and tThe administrative officer shall be responsible for the administration of provisions relating to solid waste collection and transportation in the city. (Ord. 90-11, § 4, passed 3-6-90)
Sec. 6-3-127. Solid waste management plan.
A comprehensive city solid waste management plan shall be developed including provisions for source reduction, storage, collection, recycling, processing and the ultimate disposal of nonrecyclable solid waste.
Responsibilities, powers and duties relating to such a plan shall be as follows:
(1) Duties of the administrative officer and the director of the general services agency of the county are as follows:
a. Develop and administer a citywide solid waste disp osal system, which shall include the establishment of disposal stations, transfer stations and other facilities. b. Operate, maintain and supervise a ll county disposal facilities, including all processing operations at such sites, and enforce, through the proper channels, the rules and regulations for their use. c. Advise, consult and cooperate with other city and county agencies, appropriate federal, state and local units of government and appropriate private organizations and industries in the formulation and carrying out of the disposal program and its other duties.
(2) Duties of the health officer are as follows:
a. Develop and encourage the implementation of a ci tywide solid waste source reduction, storage and recycling plan in order to reduce health and environmental hazards associated with solid waste. b. Develop and encourage the implementation of ne w storage methods which will reduce or eliminate health and environmental hazards.
c. Develop and encourage the implementation of ne w and more efficient collection and transportation systems.
d. Investigate new transportati on methods for solid waste. e. Develop and recommend regulations which will encourage solid waste reduction at the source. f. Advise, consult with and cooperate with other ci ty and county agencies, with appropriate federal, state and local units of government and with appropriate private organizations and industries in the formulation and carrying out of the solid waste reduction and recycling plan. g. Encourage the use of processed solid waste products. (Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-128. Registration of solid waste processors.
Except as provided in this article, it shall be unlawful for any person to process for recycling any solid waste for compensation without first registering with the health officer on forms prescribed by him. Such registration shall expire at the end of each calendar year and shall be renewed annually during the first week in January. There shall be no fee for such registration or for any subsequent renewal. (Ord. No. 90-11, § 4, 3-6-90)
Secs. 6-3-129—6-3-133. Reserved.
Sec. 6-3-134. Review of waste disposal program.
The program for solid waste disposal shall be reviewed annually in accordance with the requirements of the general planning program.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-135. Approval of disposal facilities.
The director of the general services agency of the county, in establishing disposal facilities, shall comply with all applicable federal, state, county and city laws and regulations relating to air, land and water pollution, public health and planning and zoning.
(Ord. No. 90-11, § 4, 3-6-90)
Sec. 6-3-136. Reserved.
Sec. 6-3-137. § 6-3-42 Integrated planning.
The director of community development shall work closely with the administrative officer, assisting them to the maximum extent possible in the planning for disposalsolid waste disposal, processing or similar facilities, including the preparation of environmental impact reports and integrating such planning with all other land use planning and the city general planning program, to ensure that solid waste management is planned and designed in compatibility with planned land use.
(Ord. 90-11, § 4, passed 3-6-90)
Secs. 6-3-138—6-3-147. Reserved.
SUBCHAPTER 3. RESERVED
§§ 6-3-14843—6-3-199 Reserved.
SUBCHAPTER 4. HAZARDOUS MATERIAL DISCLOSURE
§ 6-3-200 Intent and purpose of subchapter.
The city council finds and declares that the following apply. (A) Emergency service person nel in the city have a need to know of the use and dangers of hazardous materials in the community in order to plan for and respond to potential emergencies and exposure to such materials.
(B) Basic information on the location, type and health risks of hazardous materials used or stored in the city is not now available to firefighters, health officials, planners, elected officials and other emergency response personnel.
(C) It is intended that the system of disclosure set forth in this subchapter shall provide information essential to firefighters, health officials, planners, elected officials and other emergency service personnel in meeting their responsibilities for the health and welfare of the community in such a fashion that trade secrecy is not abridged.
(D) It is further intended that this subchapter implement the community's right and need for basic information on the use and disposal of hazardous materials in the city and provide for an orderly system for the provision of such information.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90)
§ 6-3-201 Short title.
This subchapter shall be known and may be cited as the “Hazardous Materials Disclosure Ordinance”. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-202—6-3-209 Reserved.
§ 6-3-210 Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; provided, however, that references to statutes or regulations in existence at the time this subchapter is adopted shall also include references to such statutes or regulations as they may be amended or changed in the future:
Carcinogen. A substance which causes cancer. For purposes of this subchapter, carcinogens are those substances specified on the list developed by the United States Department of Health and Human Services on its Second Annual Report on Carcinogens.
CAS number. The unique identification name as assigned by the Chemical Abstracts Services to specific chemical substances.
Chemical name. The scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Services.
Common name. A designation of identification such as code name, code number, trade name or brand name used to identify a substance other than by its chemical name.
Disclosure form. The written request for information prepared, pursuant to §§ 6-3-230 and 6-3-240.
Fire chief and director of fire services. The director of fire services of the county.
Fire department. The fire department of the county.
Handle. To generate, treat or dispose of hazardous material in any fashion.
Handler. Any person who handles a hazardous substance.
Hazardous material. Any substance or product:
(1) For which the manufacturer or producer is required to prepare an MSDS pursuant to the Hazardous Substances Information and Training Act, California Labor Code § 6360 et seq., or pursuant to any applicable federal law or regulation;
(2) Which is listed in the California Health and Safety Code § 2531678075; (3) Which is listed as a radioactive material set forth in chapter 1, title 10, appendix B, Code of Federal Regulations10 C.F.R. Chapter 1, Appendix B;
(4) Which is listed as a legal carcinogen by the California Administrative Code, title 8, subchapter 7, group 16 Code of Regulations, Title 8, Division 1, Chapter 4, Subchapter 7, Group 16, or which is specified in the definition of carcinogen in this section;
(5) Which the director of the department of food and agriculture classifies as a pesticide; or (6) Which the EPA classifies as a priority organic pollutant.
Hazardous waste and extremely hazardous waste. Any material that is identified in:
(1) California Health and Safety Code §§ 25115, 25117 or 25122.7 and set forth in sections 66680 and 66684 of title 22 of the California Administrative Code the California Code of Regulations, Title 22, § 66261.1 et seq.; or
(2) 40 C.F.R. §§ 261.31—261.33.
Health official. The health officer of the city or their deputy.
MSDS. A material safety data sheet prepared, pursuant to California Labor Code § 6390 or pursuant to the regulations of the Occupational Safety and Health Administration of the United States Department of Labor.
Person. An individual, trust, firm, joint stock company, corporation, partnership or association.
Physician. Any person who holds a valid certificate from the state to practice the healing arts.
SIC code. The identification number assigned by the Standard Industrial Classification code to specific types of business.
Storage and storing. The containment of substances or materials in such a manner as not to constitute disposal of such substances or materials.
Use. Includes the handling, processing or storage of a hazardous substance.
User. Any person who uses a hazardous substance or handles a hazardous waste. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-211—6-3-219 Reserved.
§ 6-3-220 Additional designation of hazardous materials.
A substance may be deemed a hazardous material or hazardous waste upon a finding by the director of fire services that the substance, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the
community. The director of fire services may use the UniformCalifornia Fire Code published by the Western Fire Chiefs to assist in requiring the types and amounts of such substances to be disclosed. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-221—6-3-229 Reserved.
§ 6-3-230. Filing of disclosure form.
(A) Any person who uses or handles a hazardous material must semi-annually, during the months of January and July, submit a completed disclosure form to the county fire department. (B) (1) Any person who, during the calendar year, for the first time becomes a user or handler of any hazardous material must submit a completed disclosure form to the county fire department within 30 days of becoming a user or handler.
(2) Thereafter, any such user or handler shall comply with the provisions of division (A) above. (B) The county fire department may, upon 30 days' written notice, require the submittal of a disclosure form of any user or handler.
(D) Any person required to submit a disclosure form pu rsuant to this section shall file with the county fire department an updated disclosure form within 15 days of any of the following:
(1) A change in business address;
(2) A change in business ownership;
(3) A change of business name;
(4) Cessation of business operations;
(5) The use or handling of a previously undisclosed hazardous material; and (6) A significant change in the use or handling of a hazardous material for which disclosure has been previously made.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90)
§§ 6-3-231—6-3-239 Reserved.
§ 6-3-240. Contents of disclosure form.
(A) The disclosure form shall be develo ped by the director of fire services, and shall include, but not be limited to, the following:
(1) A copy of the MSDS for every hazardous material us ed by the person completing the disclosure form as required by the fire department;
(2) CAS number as may be required by the fire department; (3) SIC code as may be required by the fire department; (4) U.N. identification number as may be required by the fire department; (5) A listing of the chemical name and any common name s of every hazardous material used by the person completing the disclosure form;
I -
(6) The maximum amount of each hazardous material which is handled or used at any one time by the user over the course of the year;
(7) Specific information on how and where the hazardous materials are handled or used by the user so as to allow fire and safety personnel to prepare adequate emergency response plans to potential releases of the hazardous materials;
(8) The names and phone numbers of at least two persons representing the business and who would be able to assist emergency personnel in the event of an emergency involving the business during business and nonbusiness hours; and
(9) The hazard characteristics of ever y hazardous material disclosed, including, but not limited to, toxicity, flammability, reactivity and corrosivity as may be required by the fire department. (B) Upon request all users must pr ovide the following information:
(1) To the fire department, any information determined by the fire department to be necessary to protect the public health, safety or the environment; and
(2) To any physician, any informat ion determined by the physician to be necessary to the medical treatment of their patient.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-241—6-3-249 Reserved.
§ 6-3-250 Exemptions from disclosure.
(A) The following materials or persons are exempt fr om the disclosure requirements of § 6-3-230:
(1) A material designated as a hazardous material by th is subchapter solely by its presence in the Nuclear Regulatory Commission list of radioactive materials shall be exempt from the requirement that an MSDS be submitted with the disclosure form;
(2) Hazardous materials or substances contained in food, drug, cosmetic or tobacco products shall be exempt from the disclosure requirements;
(3) Any person using or handling less than 500 pounds or 55 gallons per year, whichever is the lesser, of a hazardous material shall be exempted from the requirement of disclosure of that use or handling unless the fire chief has provided notice that the weight or volume limit of this exemption for a specific hazardous material has been lowered in response to public health concerns or to meet the intent and requirements of the UniformCalifornia Fire Code.
(4) Hazardous materials contained solely in consumer products packaged for use by and distributed to the general public shall be exempt from the disclosure requirements, unless the product is repackaged or altered in any way; provided, however, the manufacture and distribution of these products are not exempt;
(5) Any person, while engaged in the transportation of hazardous materials, including storage incident thereto, shall be exempt from the disclosure requirements; provided that such materials are accompanied by shipping papers prepared in accordance with the provisions of 49 C.F.R. subchapter c, as now in existence or as hereafter amended or changed; and (6) Infectious waste generated by hospitals, medical cent ers, clinics and other health care facilities that are regulated under title 22 of the California Administrative Code shall be exempt from the disclosure requirements.
(B) The exemptions contained in this section shall not appl y to the using or handling of carcinogens, except to the extent that such carcinogens are handled or used solely for personal purposes. (C) No MSDS shall be required for any hazardous material for which an MSDS is not available at the time disclosure is required; provided, however, that such MSDS shall be submitted to the fire department within 15 days after receipt by the user of the MSDS.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-251—6-3-259 Reserved.
§ 6-3-260. Dissemination of information regarding hazardous waste.
The health officer will make information available to fire departments and emergency response personnel, upon request, regarding hazardous wastes, extremely hazardous wastes and underground tanks, when the information is obtained by the health officer.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90)
§§ 6-3-261—6-3-269 Reserved.
§ 6-3-270 Identification of areas where hazardous material is used or handled; key boxes. (A) When required by the director of fire services, wo rk areas in which any person uses or handles hazardous material shall be identified as such by such measures as the director of fire services may specify, including, but not limited to, signs, color coding, posting lists of materials and MSDS or other notices. (B) When required by the director of fire services, any person submitting a disclosure form may be required to install an approved key box for emergency utilization of MSDS, floor plans, site plans and access keys. The location of the required key box shall be as designated by the director of fire services. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-271—6-3-279 Reserved.
§ 6-3-280 Fees.
The city council may establish by resolution a schedule of fees to be paid by persons subject to this subchapter which provides for fees in sufficient amounts to cover the costs of administration resulting from this subchapter, or it may authorize the county board of supervisors to adopt such a schedule of fees for the administration of the provisions of this subchapter in the city. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-281—6-3-289 Reserved.
§ 6-3-290 Confidentiality of information.
(A)(1) A user may designate some or all of the information on the disclosure form as a trade secret.
(2) Any information designated as a trade secret contained on the disclosure form shall not be disclosed to anyone except:
(a) An officer or employee of a governmental entity in co nnection with the official duties of such officer or employee under any law for the protection of health;
(b) Contractors of governmental entities when, in the op inion of the director of fire services, disclosure is necessary and required for the protection of health and the performance of a contract; and (c) Any physician where th e physician determines that such information is necessary for the medical treatment of their patient.
(B) Any officer or employee of the city, or former office r or employee, who by virtue of such employment or official position has obtained possession of or has access to information, the disclosure of which is prohibited by this section, and who, knowing that disclosure of the information is prohibited, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, shall be in violation of this section. For purposes of determining a violation of this section, a contractor who has been furnished information pursuant to this section shall be deemed an employee of the city. Any physician who has been furnished information or who has obtained information pursuant to this section and who, knowing that disclosure of the information is prohibited, knowingly and willfully discloses this information, shall be in violation of this section.
(C) Upon receipt of a request for the release of informat ion to the public which includes information which the user has notified the fire department is a trade secret pursuant to division (A) above, the fire department shall notify the user in writing of the request by certified mail. The fire department shall release the information 30 days after the day of mailing the notice, unless, prior to the expiration of the 30 days, the user institutes an action in an appropriate court for a declaratory judgment that such information is subject to protection under division (B) above or an injunction prohibiting disclosure of such information to the general public.
(D) The provisions of this section shall not permit a user to refuse to disclose information required to be disclosed pursuant to this subchapter.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-291—6-3-294 Reserved.
§ 6-3-295 Additional rules and regulations.
The director of fire services shall make such rules and regulations as may be necessary to implement this subchapter, including, but not limited to, the maintenance of a comprehensive list of substances which would be classified as hazardous materials under this subchapter. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90) §§ 6-3-296—6-3-299 Reserved.
§ 6-3-300. Violation of subchapter.
Any violation of the provisions of this subchapter shall be a misdemeanor. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-24, § 1, passed 6-19-90)
§§ 6-3-301—6-3-399 Reserved.
SUBCHAPTER 5. PROHIBITION OF NON-STORMWATER DISCHARGES INTO STORM SEWERS
§ 6-3-400 Purpose.
The city council determines that the purpose of this subchapter is as follows:
(A) The United States Congress passed the Clean Water Act [33 U.S.C. §1251 et seq., as amended, including § 402(p) therein, being 33 U.S.S. § 1342] as a mandate, in part, that municipal separate storm sewer systems (MS4s), such as in the county, obtain permits to "effectively prohibit non-stormwater discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the maximum extent practicable..." This permitting authority has been delegated by the United States Environmental Protection Agency (EPA) to the State, which has authorized the State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality Control Boards, to control non-point source discharges to the state’s waterways.
(B) The San Diego Regional Water Quality Control Board has addressed the obligation to implement the Clean Water Act by issuing Waste Discharge Requirements governing runoff for the County, County Flood Control District and the Incorporated Cities of South Orange County. These requirements shall be referred to collectively herein as the National Pollution Discharge Elimination System (NPDES) Permit. (C) The city is a co-permittee under the NPDES permit.
(D) Runoff, which includes both stormwater and non-stormwater, is one step in the cycle of water.
However, human activities, such as agriculture, construction and the operation and maintenance of an urban infrastructure may result in undesirable discharges of pollutants and certain sediments, which may accumulate in local drainage channels and waterways and eventually may be deposited in the waters of the United States.
(E) The purpose of this subchapter is to participate in the improvement of water quality and comply with federal requirements for the control of urban pollutants to runoff, which enters the network of storm drains throughout the County.
(Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-401 Recitals.
The city council finds and declares that the following apply. (A) The City of is authorized by Article XI, § 5 and § 7 of the California Constitution to exercise the police power of the State by adopting regulations promoting the public health, public safety and general prosperity.
(B) The City has determined that a legitimate local pu rpose is present in complying with the provisions of the NPDES permit.
(C) A reduction in stormwater borne pollution will promote the public health and protect the general welfare of the locality by reducing the level of artificial and naturally occurring constituents, which may improve the quality of the waters in this region.
(D) The land use authority exercised by the City, pursuant to California Government Code § 65300 et seq., requires regional planning and the adoption of policies protecting the environment through the imposition of reasonable conditions on the use of land. (E) This subchapter conforms to the policies and goals of the General Plan adopted by the City, pursuant to the California Planning and Zoning Law, being California Government Code § 65300 et seq., for the protection of the portions of watersheds located within the County by implementing measures to control erosion and prevent the pollution of streams and other waters. (F) Certain provisions of this subchapter may be coor dinated with the Local Coastal Program for inclusion in Coastal Development Permits, pursuant to California Public Resources Code § 30607, as mitigation for the negative effects of grading, construction, re-construction, and changes to the intensity of use of land or water resources within the coastal zone.
(G) The Subdivision Map Act, Californi a Government Code § 66411, authorizes the City to regulate and control the design and improvement of subdivided lands and mitigate the burdens of proposed development by imposing reasonable conditions on map approval. (H) California Constitution, Article XI, § 7 and Govern ment Code § 38660 authorize the city to establish appropriate conditions for the issuance of building permits, which require the installation of improvements reasonably related to the proposed use of property. (I) Government Code § 38771 authorizes the city to declare as public nuisances undesirable acts which may injure health or cause interference with the comfortable enjoyment of life or property and to provide for the abatement of the same.
(J) The NPDES permit requires that the City: (1) develop and implement runoff management programs and implementation plans; (2) enact legislation and ordinances as necessary to ensure compliance with the runoff management programs and implementation plans; (3) pursue enforcement actions as necessary to ensure compliance with runoff management programs and implementation plans; (4) prohibit illicit and illegal discharges from entering the stormwater conveyance systems, subject only to specific exceptions; (5) ensure adequate response to emergency situations, including spills, leaks, and illicit or illegal discharges; and (6) develop and require implementation of best management practices (BMPs) to ensure that pollution is reduced to the maximum extent practicable (MEP). (K) The City may commence civil actions, purs uant to the Federal Clean Water Act § 505(a), being 33 U.S.C. § 1365(A), against any person or any governmental agency acting in violation of any condition of the NPDES permit.
(L) All industrial dischargers subject to the provisions of the state industrial general permit and state construction general permit (referred to collectively herein as the state general permits) must comply with the lawful requirements of the City, which regulates discharges of runoff to the storm drain system within its jurisdiction.
(M) All industrial dischargers subject to the provisions of the state general permits are required to maintain stormwater pollution prevention plans on-site and make them available to the City for inspection. (N) All dischargers subject to the pr ovisions of the State Construction General Permit may be required by the City, with the concurrence of the San Diego Regional Water Board, to amend any Stormwater Pollution Prevention Plan.
(O) All industrial dischargers subject to the provisions of the State Industrial General Permit are required to maintain a description of the required monitoring program on-site and make it available to the City for inspection.
(P) The City has jurisdiction over certain stormwater facilities and other watercourses within the City, and the water discharges into these facilities may be subject to the provisions of the State Industrial
General Permit; accordingly, the city may certify (but is not required to certify) in writing that regulated dischargers have developed and implemented effective Stormwater Pollution Prevention Plans and should not be required to collect and analyze stormwater samples for pollutants. (Q) The City has jurisdiction over certain stormwater facilities and other watercourses within the City, and these facilities may receive runoff discharges from properties and activities regulated under the provisions of the state general permits, and city may request that the regulated dischargers furnish information and records necessary to determine compliance with the state general permits. (R) The City has jurisdiction over certain stormwater facilities and other watercourses within the City, and these facilities may receive runoff discharges from properties and activities regulated under the provisions of the state general permits, and city may, upon presentation of credentials and other documents required by law: (1) enter upon the discharger's premises where a regulated facility is located or where records must be kept under the conditions of the state general permits; (2) access and copy, at reasonable times, any records that must be kept under the conditions of the state general permits; (3) inspect, at reasonable times, any facility or equipment related to or impacting runoff discharge; and (4) sample or monitor for the purpose of ensuring compliance with the state general permits.
(S) The enacting of this subchapter is a condition of the NPDES permit, the requirements of which are exempt from the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code § 21000, et seq., including but not limited to, §§ 21083 and 21084. (T) This subchapter is subject to CEQA categorical ex emption classes 1 through 4, 6 through 9, 21 and 22, pursuant to the CEQA Guidelines, respectively, Title 14, California Code of Regulations §§ 15301, 15302, 15303, 15304, 15306, 15307, 15308, 15309, 15321 and 15322. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-402 Short title.
This subchapter shall be known and may be cited as the "Runoff Water Quality Control Ordinance." (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-403 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Authorized inspector. The city director of public works/city engineer and the city director of community development, and persons designated by and under their instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take action pursuant to this subchapter.
Best management practices (BMPs). Schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, operation and maintenance procedures and other management practices or devices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to stormwater, receiving waters or the stormwater drainage system. BMPs may be structural or non-structural, and include, but are not limited to, site design, source control, treatment control, and natural design methods. BMPs may include any type of pollution prevention and control measure that can help to achieve compliance with this subchapter.
City. The City of Laguna Niguel, Orange County, California.
Co-permittee. The County of Orange, the Orange County Flood Control District and/or any one of the municipalities, including the City, which are responsible for compliance with the terms of the NPDES permit.
Discharge. Any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.
Discharge exception. (1) The group of activities not restricted or prohibited by this subchapter, including only:
(a) Discharges composed entirely of stormwater;
(b) Discharges authorized by current EPA or Region al Water Quality Control Board issued NPDES permits, state general permits, or other waivers, permits, regulations or approvals granted by a government agency with jurisdiction over such discharges;
(c) Discharges to the stormwater drainage system from:
1. Diverted stream flows;
2. Rising ground waters;
3. Infiltration to MS4s of groundwater not contaminated by sewage;
4. Uncontaminated pumped groundwater;
5. Foundation drains;
6. Springs;
7. Water from crawl space pumps;
8. Footing drains;
9. Air conditioning condensation;
10. Flows from riparian habitats and wetlands;
11. Water line flushing, except for fire suppression sprinkler system maintenance and testing discharges;
12. Discharges from potable water sources;
13. Individual residential car washing if conducted in accordance with the City’s Local Implementation Plan (LIP);
14. Dechlorinated swimming pool discharges;
15. Emergency firefighting activities.
(d) Discharges authorized pursuant to fe deral or state laws or regulations. (2) The discharges set forth in divisions (1)(c)4., (1)(c)5., (1)(c)7. And (1)(c)8. above may require compliance with a California or Regional Water Quality Control Board Permit for groundwater extraction or similar discharges to surface waters. The city authorizes this discharge unless the authorized inspector determines the discharge potentially causes, or threatens to cause, a condition of pollution, contamination or nuisance. (3) The discharges set forth in divisions (1)(c)11. And (1)(c)12. above are exempt from the provisions of this subchapter except to the extent that such discharges are subject to, but not in compliance with, California or Regional Water Quality Control Board Permits or other local ordinances. (4) In any action taken to enforce this subchapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception.
Enforcing attorney. The city attorney or district attorney acting as counsel to the city and their designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the district attorney and/or city attorney shall act as the enforcing attorney.
EPA. The Environmental Protection Agency of the United States.
Hearing officer. The city director of public works/city engineer or their designee, who shall preside at the administrative hearings authorized by this subchapter and issue final decisions on the matters raised therein.
In the alternative, it shall mean any appeals board established by separate resolution of the city council, which shall preside at the administrative hearings authorized by this subchapter and issue final decisions on the matters raised therein.
Invoice for costs. The actual costs and expenses of the city, including but not limited to administrative overhead, salaries and other expenses recoverable under State law, incurred during any inspection conducted pursuant to § 6-3-406, where a notice of noncompliance, administrative compliance order or other enforcement option under§ 6-3-407 is utilized to obtain compliance with this subchapter.
Illicit connection. Any human-made conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the stormwater drainage system occurs or may occur. The term illicit connection shall not include legal nonconforming connections or connections to the stormwater drainage system that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.
Legal nonconforming connection. Connections to the stormwater drainage system existing as of the adoption of this subchapter that were in compliance with all federal, state and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to any Discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to the Industrial Waste Ordinance, City Ordinance 90-16.
Local implementation plan (LIP). The city's adopted plan for local implementation of the NPDES permit, including all appendices, as they may be amended or revised from time to time. The LIP is equivalent to the Jurisdictional Runoff Management Plan (JRMP), as defined in the NPDES permit.
Maximum extent practicable (MEP). The acceptability standard for BMPs established by Congress in the Clean Water Act § 402(p)(3)(B)(iii), being 33 U.S.C. § 1342(p)(3)(B)(iii), that discharges to MS4s must meet.
MEP means using an effective set of BMPs that can be implemented and still remain practicable. A BMP is effective if it prevents, reduces or removes pollutants that would otherwise be present in the runoff due to human activity. A BMP is practicable if it complies with runoff and other regulations; is compatible with the area's land use, character, facilities and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs. MEP generally emphasizes pollution prevention and source control BMPs (as the first line of defense) in combination with treatment methods serving as a backup (additional line of defense).
New development. All public and private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, and other non-residential construction projects, or mass grading for future construction, for which either a discretionary land use approval, grading permit, building permit or safety permit is required.
NPDES permit. The currently applicable municipal discharge permit issued by the California Regional Water Quality Control Board, San Diego Region, which permit establishes waste discharge requirements applicable to runoff in the city.
Person. Any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.
Pollutant. Any liquid, solid or semi-solid substances, or combination thereof, including and not limited to:
(1) Artificial materials (such as floatable pl astics, wood products or metal shavings); (2) Household waste (such as trash, paper and plasti cs; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment); (3) Metals and non-metals, including compounds of metals and non-metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide phosphorus and arsenic); (4) Petroleum and related hydrocarbons (such as fue ls, lubricants, surfactants, waste oils, solvents, coolants and grease);
(5) Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities, or polo fields);
(6) Substances having a pH less than 6.5 or greater th an 8.6, or unusual coloration, turbidity or odor; (7) Waste materials and wastewater generated on constr uction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing); (8) Materials causing an increase in biochemical oxyg en demand, chemical oxygen demand or total organic carbon;
(9) Materials which contain base/neutral or acid extractable organic compounds; (10) Those pollutants defined in § 1362(6) of the Federal Clean Water Act , being U.S.C. § 1362(6); and (11) Any other constituent or materi al, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the state.
Private property. Any real property, irrespective of ownership, which is not open to the general public.
Prohibited discharge. (1) Any discharge which contains any pollutant, from public or private property to:
(a) The stormwater drainage system;
(b) Any upstream flow, which is tributary to the stormwater drainage system; (c) Any groundwater, river, stream , creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or
(d) Any coastal harbor, bay, or the Pacific Ocean.
(2) The term prohibited discharge shall not include discharges allowable under the discharge exception.
Responsible party. The person(s) identified in and responsible for compliance with the provisions of a Water Quality Management Plan (WQMP) approved by the city.
Significant redevelopment. Development that would create or add at least 5,000 square feet of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of
a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction.
State general permit. Either the Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities Permit (State Industrial General Permit) or the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated With Construction and Land Disturbance Activities (State Construction General Permit) and the terms and requirements of either or both. In the event the EPA revokes the in-lieu permitting authority of the California Water Resources Control Board, then the term state general permit shall also refer to any EPA administered stormwater control program for industrial and construction activities.
Stormwater drainage system. Street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the countywide stormwater runoff system and owned, operated, maintained or controlled by the County of Orange, the Orange County Flood Control District or any co-permittee city, and used for the purpose of collecting, storing, transporting, or disposing of runoff.
Water quality management plan (WQMP). A plan, prepared in accordance with the LIP, to mitigate the impacts of runoff from development projects. A WQMP is equivalent to a standard storm water mitigation plan (SSMP) as defined in the NPDES permit.
(Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-404 Prohibition on illicit connections and prohibited discharges. (A) No person shall:
(1) Construct, maintain, operate an d/or utilize any illicit connection; (2) Cause, allow or facilitate any prohibited discharge; and/or (3) Act, cause, or permit any agent, employee, or i ndependent contractor, to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge. (B) The prohibition against illicit co nnections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of this subchapter; however, legal nonconforming connections shall not become illicit connections until the earlier of the following:
(1) For all structural improvements to property inst alled for the purpose of discharge to the stormwater drainage system, the expiration of five years from the adoption of this subchapter; and (2) For all nonstructural improvements to property ex isting for the purpose of discharge to the stormwater drainage system, the expiration of six months following delivery of a notice to the owner or occupant of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of expiration of use under this subchapter. (C) A civil or administrative violation of § 6-3-404(A) sha ll occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.
(D) If an authorized inspector reasonably determines that a discharge, which is otherwise within the discharge exception, may adversely affect the beneficial uses of receiving waters, then the authorized inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge following expiration of the 30-day period commencing upon delivery of the notice. Upon expiration of the 30-day period, any such discharge shall constitute a violation of division (A) above.
(E) (1) The owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in § 6-3-407(A) through (A)(10), for an extension of the period allowed for continued use of the connection. (2) A reasonable extension of use may be authorized by the director of public works/city engineer upon consideration of the following factors:
(a) The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters;
(b) The economic investment of the discharger in the legal nonconforming connection; and (c) The financial effect upon the discharger of a te rmination of the legal nonconforming connection. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-405 Control of runoff discharges.
(A) New development and significant redevelopment.
(1) All new development and significant redevelopment within the city shall be undertaken in accordance with:
(a) When required by, and in accordance with the LIP, a WQMP; and (b) Any conditions and requirements established by the community development department, which are reasonably related to the reduction or elimination of pollutants in runoff from the project site.
(2) When required by the LIP, prior to the issuance by the city of a grading permit, building permit and/or safety permit for any new development or significant redevelopment, the property owner shall submit to and obtain the approval of the community development department of a WQMP. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or safety permit, the property owner shall submit to and obtain the approval of the community development department of a WQMP prior to the issuance of a discretionary land use approval or, at the city's discretion, prior to recordation of a subdivision map. (3) Notwithstanding the foregoing division (A)(1) an d (A)(2) above, a WQMP shall not be required for construction of a (one) single-family detached residence unless the city community development department determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system. (4) Compliance with the conditions and requirements of a WQMP shall not exempt any person from the requirement to independently comply with each provision of this subchapter. (5) If the city community development department de termines that the project will have a de minimis impact on the quality of runoff, then it may issue a written waiver of the requirement for preparation and approval of a WQMP.
(6) Each WQMP shall name a resp onsible party for the project. (7) The owner of a new development or significant re development project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved WQMP.
(8) Each failure by the owner of the property, their su ccessors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements of an approved WQMP shall constitute a violation of this subchapter.
(9) The city community development department may require that the WQMP be recorded with the county recorder's office by the property owner. The signature of the owner of the property, any successive owner or the named responsible party shall be sufficient for the recording of the plan or any revised plan and a signature on behalf of the city shall not be required for recordation. (B) Cost recovery. The costs and expenses of the city community development department incurred in the review, approval, or revision of any WQMP shall be assessed to the property owner or responsible party and shall be due and payable to the city. The city community development department may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the property owner or responsible party. (C) Litter control. (1) No person shall discard any waste material, including but not limited to common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location), upon any public or private property, whether occupied, open or vacant, including but not limited to any street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater drainage system. (2) Every person occupying or having charge and control of private property on which a prohibited disposal of waste materials occurs shall cause the property collection and disposal of same. (3) A prohibited disposal of waste materials creates a danger to public health, safety and welfare, and otherwise threatens the environment, surface waters and groundwater; therefore, any owner or occupant of private property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property.
(D) Compliance with BMPs. Every person owning property, conducting any activity or operation, or maintaining any facility shall comply with the applicable BMPs as identified in the LIP. in order to prevent, to the MEP, pollutants from entering the stormwater drainage system. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-406 Inspections.
(A) Right to inspect. Prior to commencing any inspection as herein below authorized, the authorized inspector shall obtain either the consent of the owner or occupant of the private property or shall obtain an administrative inspection warrant or criminal search warrant. (B) Entry to inspect. The authorized inspector may enter private property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the stormwater drainage system located within the jurisdiction of the City.
(C) Compliance assessments. The authorized inspector may inspect private property for the purpose of verifying compliance with this subchapter, including but not limited to (1) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (2) identifying point(s) of discharge of all wastewater, process water systems and pollutants; (3) investigating the natural slope at the location, including drainage patterns and human-made conveyance systems; (4) establishing the location of all points of discharge from the private property, whether by surface runoff or through a storm drain system; (5) locating any illicit connection or the source of prohibited discharge; (6) evaluating compliance with any WQMP; and (7) investigating the condition of any legal nonconforming connection. (D) Portable equipment. For purposes of verifying compliance with this subchapter, the authorized inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment. (E) Records review. The authorized inspector may inspect all records of the owner or occupant of private property relating to chemicals or processes presently or previously occurring on-site, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater
pollution prevention plans as required by a state general permit, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, a legal nonconforming connection or any other source of contribution or potential contribution of pollutants to the stormwater drainage system. (F) Sample and test. The authorized inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. The authorized inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The authorized inspector may take photographs or videotape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property. (G) Monitoring. The authorized inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the stormwater drainage system. (H) Test results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by the authorized inspector. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-407 Enforcement.
(A) Administrative remedies.
(1) Notice of noncompliance. The authorized inspector may deliver to the owner or occupant of any private property, or to any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with division (A)(5) below.
(a) The notice of noncompliance shall identify the provision(s) of this subchapter, the applicable WQMP or permit which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.
(b) The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed 90 days, unless the authorized inspector extends the compliance deadline an additional 90 days where good cause exists for the extension.
(2) Administrative compliance orders.
(a) 1. The authorized inspector may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with division (A)(5) below.
2. The administrative compliance order may be issued to:
a. The owner or occupant of any private proper ty requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this subchapter;
b. The owner of private property or a responsible party subject to the requirements of any WQMP to ensure implementation of and adherence to the terms, conditions and requirements of the plan; and/or
c. Any person responsible for an illicit connection or prohibited discharge. (b) The administrative compliance order may in clude the following terms and requirements:
1. Specific steps and time schedules for compliance as reasonably necessary to prevent the imminent threat of prohibited discharge, including but not limited to prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area;
2. Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;
3. Specific requirements for containment, cleanup , removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact runoff;
4. Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this subchapter, including, but not limited to requirements for compliance with BMPs and guidance documents promulgated by any federal, State or regional agency; and
5. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any WQMP, or permit issued by the city. (3) Cease and desist orders.
(a)1. The authorized inspector ma y issue a cease and desist order. A cease and desist order shall be delivered in accordance with division (A)(5) below.
2. A cease and desist order may direct the owner or occupant of any private property and/or other person responsible for a violation of this subchapter to:
a. Immediately discontinue any illicit connection or prohibited discharge to the stormwater drainage system;
b. Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this subchapter; c. Immediately discontinue any othe r violation of this subchapter; d. Clean up the area affected by the violation.
(b) The authorized inspector may direct by cease and desist order that the owner of any private property, the responsible party subject to the terms and conditions of any WQMP, or any permittee under any permit issued by the city immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable WQMP or permit. (4) Recovery of costs. (a) The authorized inspector may deliver to the owner or occupant of any private property, any permittee or any responsible party, or any other person who becomes subject to a notice of noncompliance or administrative compliance order, an invoice for costs. An invoice for costs shall be delivered in accordance with division (A)(5) below. An invoice for costs shall be immediately due and payable to the city for the actual costs incurred by the city in issuing and enforcing any notice or order. (b) If any owner or occupant, permittee or responsible party, or any other person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with division (A)(6) below, then the enforcing attorney may institute collection proceedings. (5) Delivery of notice. Any notice of noncompliance, administrative compliance order, cease and desist order or invoice of costs to be delivered pursuant to the requirements of this subchapter shall be subject to the following.
(a) The notice shall state that the recipient has a righ t to appeal the matter as set forth in divisions (A)(6) through (A)(10) below.
(b) Delivery shall be deemed complete upon: 1. pers onal service to the recipient; 2. deposit in the U.S. mail, postage pre-paid for first class delivery; or 3. facsimile service with confirmation of receipt.
(c) Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the city.
(d) Where the owner or occupant of any private property cannot be located after the reasonable efforts of the authorized inspector, a notice of noncompliance or cease and desist order shall be deemed delivered after posting on the property for a period of ten business days. (6) Administrative hearing for notices of noncompliance administrative compliance orders, invoices for costs and adverse determinations. Except as set forth in division (A)(8) below, any person receiving a notice of noncompliance, administrative compliance order, a notice of legal nonconforming connection, an invoice for costs, or any person who is subject to any adverse determination made pursuant to this subchapter, may appeal the matter by requesting an administrative hearing.
Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this subchapter.
(7) Request for administrative hearing. Any person appealing a notice of noncompliance, an administrative compliance order, a notice of legal nonconforming connection, an invoice for costs or an adverse determination shall, within 30 days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the office of the city clerk, with a copy of the request for administrative hearing mailed on the date of filing to the director of public works/city engineer. Thereafter, a hearing on the matter shall be held before the hearing officer within 45 business days of the date of filing of the written request unless, in the reasonable discretion of the hearing officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
(8) Administrative hearing for cease and desist orders and emergency abatement actions. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person subject to the cease and desist order or the emergency abatement action.
(9) Hearing proceedings. The authorized inspector shall appear in support of the notice, order, determination, invoice for costs or emergency abatement action, and the appealing party shall appear in support of withdrawal of the notice, order, determination, invoice for costs, or in opposition to the emergency abatement action. The city shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case. (10) Final decision and appeal. (a) The final decision of the hearing officer shall issue within ten business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of California Code of Civil Procedure §§ 1094.5 and 1094.6 and shall be commenced within 90 days following issuance of the final decision. (b) Notwithstanding this division (A)(10), the final decision of the hearing officer in any preceding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five business days following the conclusion of the hearing.
(11) City abatement. In the event the owner of private property, the operator of a facility, a permittee, a responsible party, or any other person fails to comply with any provision of a compliance schedule issued pursuant to this subchapter, the authorized inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the city in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to division (B)(4) below. (B) Nuisance. Any condition in violation of the prohibitions of this subchapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to California Government Code § 38771.
(1) Court order to enjoin or abatement. At the request of the city manager, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance. (2) Notice to owner and occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the city manager shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring.
(3) Emergency abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the authorized inspector may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant. (a) An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment.
(b) Notwithstanding the authority of the city to conduct an emergency abatement action, an administrative hearing pursuant to division (A)(8) below hereinabove shall follow the abatement action.
(4) Reimbursement of costs. All costs incurred by the city in responding to any nuisance, all administrative expenses and all other expenses recoverable under State law, shall be recoverable from the person(s) creating, causing, committing or maintaining the nuisance. (5) Nuisance lien. (a) All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with California Government Code §§ 38773.1 and 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by California Government Code § 38773.1. (b) At the direction of the city manager, the enforcing attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the county assessor of a special assessment against the property in accord with the conditions and requirements of California Government Code § 38773.5.
(C) Criminal sanctions.
(1) Prosecutor. The enforcing attorney may act on the request of the city manager to pursue enforcement actions in accordance with the provisions of this subchapter. (2) Infractions. Any person who may otherwise be charged with a misdemeanor under this subchapter may be charged, at the discretion of the enforcing attorney, with an infraction punishable by a fine of
not more than $100.00 for a first violation, $200.00 for a second violation, and a fine not exceeding $500.00 for each additional violation occurring within one year. (3) Misdemeanors. Any person who negligently or knowingly violates any provision of this subchapter, undertakes to conceal any violation of this subchapter, continues any violation of this subchapter after notice thereof, or violates the terms, conditions and requirements of any WQMP or permit, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment for a period of not more than six months, or both.
(D) Consecutive violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this subchapter, an administrative compliance order, a cease and desist order, an applicable WQMP, or a permit issued by the city, shall constitute a separate violation of this subchapter punishable by fines or sentences issued in accordance herewith. (E) Non-exclusive remedies. Each and every remedy available for the enforcement of this subchapter shall be non-exclusive and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this subchapter.
(F) Citations. (1) Pursuant to California Penal Code § 836.5, the authorized inspector shall have the authority to cause the arrest of any person committing a violation of this subchapter. The person shall be released and issued a citation to appear before a magistrate in accordance with California Penal Code §§ 853.5, 853.6, and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation the authorized inspector shall refer the matter to the enforcing attorney. (2) Each citation to appear shall state the name and address of the violator, the provisions of this subchapter violated, and the time and place of appearance before the court, which shall be at least ten business days after the date of violation. The person cited shall sign the citation giving their written promise to appear as stated therein. If the person cited fails to appear, the enforcing attorney may request issuance of a warrant for the arrest of the person cited.
(G) Violations of other laws. Any person acting in violation of this subchapter also may be acting in violation of the Federal Clean Water Act or the California Porter-Cologne Water Quality Control Act, being California Water Code § 13000 et seq., and other laws and also may be subject to sanctions including civil liability.
Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act § 505(a), being 33 U.S.C. § 1365, seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the San Diego Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this subchapter. (H) Injunctions. At the request of the city manager, the enforcing attorney may cause the filing in a court of competent jurisdiction, of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this subchapter.
(I) Order for reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the city of all costs incurred in enforcing this subchapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the city, costs relating to restoration of the environment and all other expenses as authorized by law.
(J) Other civil remedies.
(1) The city manager may cause the enforcing attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of (a) all costs incurred in enforcement of this subchapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages; (b) all
costs incurred in mitigating harm to the environment or reducing the threat to human health; and (c) damages for irreparable harm to the environment.
(2) The enforcing attorney is authoriz ed to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the stormwater drainage system from any violation of this subchapter where the same has caused damage, contamination or harm to the environment, public property or the stormwater drainage system.
(3) The remedies available to the city pursuant to th e provisions of this subchapter, shall not limit the right of the city to seek any other remedy that may be available by law. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-408 Reserved.
§ 6-3-409 Interagency cooperation.
(A) The city intends to cooperate with other agencies with jurisdiction over runoff discharges to ensure that the regulatory purposes underlying runoff regulations promulgated pursuant to the Clean Water Act (33 U.S.C. § 1251 et seq.) are met.
(B) The city may, to the extent authorized by law, elec t to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this subchapter.
(Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-409.1 Compliance disclaimer.
Full compliance by any person or entity with the provisions of this subchapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into runoff and/or the protection of runoff quality. (Ord. 2010-161, § 2, passed 11-16-10)
§ 6-3-410 Judicial review.
The provisions of California Code of Civil Procedure §§ 1094.5 and 1094.6 set forth the procedure for judicial review of any act taken pursuant to this subchapter. Parties seeking judicial review of any action taken pursuant to this subchapter shall file such action within 90 days of the occurrence of the event for which review is sought. (Ord. 2010-161, § 2, passed 11-16-10)
§§ 6-3-411—6-3-599 Reserved.
SUBCHAPTER 6. CONSTRUCTION AND DEMOLITION WASTE RECYCLING
PROGRAM
§ 6-3-600 Declaration of purpose.
The purpose of this subchapter is to promote the recycling of construction and demolition waste in order to protect the public health, safety and welfare, to assist in meeting the city's obligations under California Waste Management Act of 1989 (Assembly Bill No. 939, codified in Public Resources Code, § 40000 et seq. ),; and to meet the requirements of the three-year extension approved by the state integrated waste management board under the provisions of Public Resources Code section 41820 (Senate Bill No. 1066) comply with applicable laws. (Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-601 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Applicant. Any individual, firm, company, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever which applies to the city for the applicable permits to undertake any construction or demolition project within the city.
C&D. Construction and demolition.
C&D compliance officer. The person designated by the community development director to be authorized and responsible for implementing this subchapter.
City. The City of Laguna Niguel, California.
Construction. The building, rehabilitation, remodeling, renovation or repair of any structure or any portion thereof including any tenant improvements to an existing structure.
Construction and demolition waste. Used or discarded materials which results from the construction or demolition of any structure and which is removed from the premises during the construction or demolition.
Covered project. All of the projects that are listed in§ 6-3-605, which are the following:
(1) Re-roofing of a structure with the removal of the existing roof; (2) Renovation of a residential or commercial stru cture when the project valuation is $10,000.00 or greater;
(3) Renovation that consists of the addition of an accessory structure or an addition to an existing residential or commercial structure, which is 250 square feet or greater in size, or when the project valuation is $10,000.00 or greater;
(4) New construction of a residential or commercial structure; and (5) Demolition of a residential or commercial structure.
Demolition. The demolishing, decimating, razing, ruining, tearing down or wrecking of any structure, whether in whole or in part, and whether the interior or the exterior of any structure. (i) Divert means to use waste for any purpose other than disposal in a landfill or a transformation facility.
Diversion. A reduction in the amount of waste being deposited in landfills by any of the following methods:
(1) Use of new construction methods, approved by the C&D compliance officer, that reduce the amount of construction and demolition waste generated;
(2) On-site reuse of the construction and demolition waste; I -
(3) Delivery of the construction and demolition waste from a site to a recycling facility as described in this subchapter;
(4) Other methods approved by the C&D compliance officer.
Diversion requirement. The percentage of construction and demolition waste for each project that must be diverted from landfills.
Divert. To use waste for any purpose other than disposal in a landfill or a transformation facility.
Exempt project. The projects listed in § 6-3-606.
Project. Any activity that requires an application to obtain a building permit, demolition permit, encroachment permit, grading permit, or any similar permit from the city.
Recycle or recycling. The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
Recycling facility. A recycling, composting, materials recovery or reuse facility.
Renovation. Any change, addition, or modification in an existing structure.
Reuse. Further or repeated use of construction or demolition waste.
Salvage. The controlled removal of construction or demolition waste from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
Security deposit. The cash or cash equivalent required to be deposited by an applicant for a permit for a covered project to insure that the applicant complies with the requirements of § 6-3-602.
Structure. Any building, commercial building, facility, house, industrial building, pavement or anything that has been constructed.
Waste reduction and recycling plan. The plan to divert construction and demolition waste from disposal at landfills that is required to be submitted by applicants for permits for covered projects. (Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-602 Duties of the C&D compliance officer.
The following are the duties of the C&D compliance officer:
(A) Develop and make available to applicants forms for the following:
(1) Applications for approval of wa ste reduction and recycling plans; (2) Posting security deposits for permits for covered projects; (3) Applications for exemption from complying with the diversion requirements of this subchapter; (4) Applications for refund of security deposits; and
(5) Notices of appeal of decisions of the C&D compliance officer. (B) Develop and disseminate a list of qualified recycling facilities; (C) Review covered projects to determine whether diversio n of at least 50 % of the construction and demolition waste is possible and to establish for projects for which such diversion is not possible a lower diversion requirement;
(D) Receive, review, approve, condition ally approve, or reject proposed waste reduction and recycling plans; (E) Determine compliance with the diversion requirements of § 6-3-603; (F) Review and determine whether to grant or deny exem ptions from the diversion requirements pursuant to § 6-3-604;
(G) Determine the amount of the security deposit require d for covered projects pursuant to § 6-3-605; and (H) Determine whether to forfeit, refund in whole, or ref und in part security deposits pursuant to § 6-3-606. (Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-603 Construction and demolition debris diversion requirement. (A) As to each covered project, the applicant shall reuse, recycle or divert at least 50 % of the construction and demolition waste generated from the project. As to any covered project, the C&D compliance officer may, based on a review of the project, determine that the 50 % diversion requirement is not possible to obtain, and in such case may establish a lower diversion requirement. (B) Applicants for permits for covered projects must sa tisfy the requirements of division (A) above to reuse, recycle or divert construction and demolition waste by completing one of the following two sets of actions:
(1) Obtaining approval of a waste reduction and recy cling plan for the project from the C&D compliance officer and completing the requirements of the approved plan; or (2) Obtaining for the project a construction and demo lition drop off box (DOB) service from a solid waste hauler that holds a franchise for solid waste disposal issued by the city and using that service for the disposal of all construction and demolition waste from the project that is not reused or recycled at the site of the project.
(C) If an applicant chooses not to use the DOB service for a project, then the following is required:
(1) Submittal of a waste reduction and recycling plan for the project with the submittal to the city of the application for the applicable permit for the project;
(2) The plan must include the meth od by which construction waste and debris will be hauled from the project, the recycling facility to which the debris is to be taken, all the certifications and licenses for the recycling facility, and a description of the method by which the debris will be recycled or reused and how much of the debris will be diverted from disposal in a landfill; (3) The applicant must pay the fee for the review of and determination of compliance with the waste reduction and recycling plan. This fee shall be paid at the same time as the submittal of the plan to the city;
(4) The applicant must obtain the approval of the plan by the C&D compliance officer. The C&D compliance officer may impose conditions on the approval of a plan; and/or (5) The applicant must follo w and complete the plan.
(D)(1) The C&D compliance officer shall approve a waste reduction and recycling plan only if the owner or operator of each recycling facility identified in the plan has submitted or submits documentation satisfactory to the C&D compliance officer which demonstrates the following:
(a) That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and
(b) The percentage of incoming waste from constructi on and demolition activities that is diverted from landfill disposal meets the required minimum percentage set forth in this subchapter.
(2) The C&D compliance officer shall make available to each applicant a current approved list of qualified recycling facilities.
(E) A fee for the review and determination of compliance with waste reduction and recycling plans may be established by resolution of the city council.
(F) Each applicant who applies for a pe rmit for a covered project, shall post a security deposit to guarantee performance of the diversion requirements of this subchapter. The security deposit shall be posted with the city at the same time the permit application is filed, and shall be in the form of cash or cash equivalent such as a cashier's check.
(Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-604 Exemptions.
(A) The following projects are exempt from the requirements of § 6-3-603:
(1) Work for which only a plumbing, electrical, or mechanical permit is required; (2) Seismic tie-down projects;
(3) Installation of prefabricated patio enclosures an d covers when no foundation or other structural building modifications are required;
(4) Installation of prefabricated accessories such as signs or antennas where no structural building modifications are required;
(5) Projects less than 250 square feet in size;
(6) Projects which have a valuation of less than $10,000.00; (7) Projects which involve a roof, but the tear-off of the existing roof is not required; (8) The construction of new fencing; and
(9) Construction or demolition work that the C& D compliance officer determines will not produce construction or demolition waste.
(B)(1) If an applicant for a project wants to obtain an exemption for that project, then the applicant shall file with the city an application for exemption. (2) The applicant shall comply with the following. (a) The application shall be filed with the C&D compliance officer. (b) The application will stat e the facts and reasons supporting the exemption. (C) The C&D compliance officer shall review each ap plication for exemptions and determine whether an exemption is allowed by this section and communicate that decision to the applicant. (Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-605 Security deposit required.
(A) The amount of the securi ty deposit for covered projects shall be as follows:
(1) Two hundred fifty dollars for re-roofin g with tear-off of the existing roof; (2) Five hundred dollars for the renovation of a residential or commercial structure, where the project valuation is $10,000.00 or greater (except for renovations consisting of additions, which are addressed in division (A)(3) below);
(3) Seven hundred fifty dollars for a renovation that con sists of the addition of an accessory structure or an addition to an existing residential or commercial structure, which is 250 square feet or greater in size, or when, the project valuation is $10,000.00 or greater; (4) One thousand dollars for new construction of a residential or commercial structure; and (5) One thousand dollars for the demolition of a residential or commercial structure. (B) The C&D compliance officer may reduce the amount of the security deposit for a project if they determine that the above deposit is too large compared to the amount of construction and demolition waste that would be generated by the project.
(Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-606 Refund of security deposit.
(A) An applicant may obtain a refund of a security deposit for a project by complying with the following. (1) The applicant shall file an application for a refund with the C&D compliance officer. (2) The application shall include in formation demonstrating that either the applicant has complied with the required waste reduction and recycling plan, or the applicant has obtained and utilized DOB service for the project.
(B) The C&D compliance officer shall refund the security deposit for a project when any of the following apply. (1) The security deposit was er roneously paid or collected. (2) The application for the permit is withdrawn or canceled before any construction work has commenced. (3) The minimum required diversion percentage of co nstruction and demolition waste generated by the project was diverted from landfill disposal.
(4) The minimum diversion requirement has not be en achieved, but the C&D compliance officer determines that the applicant has made a good faith effort to comply with the diversion requirements of this subchapter and it is not practicable or feasible for the applicant to meet the diversion requirement.
(5) The applicant has complied with and performed all the requirements of the waste reduction and recycling plan for the project.
(6) The applicant has obta ined DOB service for the project and used the service at the project site continuously until completion of the project.
(C) The C&D compliance officer may authorize a partial refu nd of a security deposit when less than the minimum diversion requirement has been met.
(Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-607 Forfeiture of security deposit.
Applicants shall forfeit the security deposit to the city under the following circumstances:
(A) If the C&D compliance officer determines that the applicant has not made a good faith effort to comply with this subchapter;
(B)if the applicant fails to submit the documentation required by section 6-3-606, then the security deposit shall be forfeited to the city § 6-3-603 within 60 days from the date of the final inspection; or
(C) Upon 60 days after permit expiration.
(Ord. 2003-131, § 2, passed 10-21-03)
§ 6-3-608 Use of security deposits.
Security deposits, including forfeited security deposits pursuant to § 6-3-607, received by the city shall be used for solid waste and recycling related purposes and other lawful purposes, including but not limited to, the following:
(1) Payment of refunds, including partial refunds, of security deposits; (2) Administrative costs of the construction and demolition waste recycling program, which are not covered by the application fee established pursuant to this subchapter; (3) Programs to divert construction and demolitio n waste from landfill disposal and other recycling programs;
(4) Programs intended to develop or improve the in frastructure needed to divert construction and demolition waste from landfill disposal and other recycling programs; (5) The funding of additional programs and activities th at are approved by the city council for any or all of the following purposes:
(a) To encourage the salvage, reuse, and recycling of solid waste, including construction and demolition waste;
(b) To assist local schools in deve loping educational programs relating to recycling and solid waste disposal and implementing waste reduction, recycling, and diversion plans and activities; (c) To develop and implement new recycling or d isposal programs for unique items in the waste stream, including, without limitation, universal waste, batteries, sharps, and fluorescent lights; (d) To develop and implement additional outreach and education programs and projects that assist the city in achieving its sustainability goals, including energy and water conservation, pollution prevention, reduction of solid waste from landfill disposal, reduction of greenhouse gas emissions and similar programs related to environmental issues; (e) Programs and staff for recycling im plementation and education efforts; (f) Educate generators and handlers of solid waste in the city regarding solid waste recycling and disposal alternatives;
(g) Review accuracy of contracted hauler reports, waste reduction and recycling plans and other records for collection, processing, and marketing of divertible materials and for collection and disposal of municipal solid waste;
(h) To further develop environmental sust ainability efforts within the city; and (i) Transfer to the general fund.
(Ord. 2003-131, § 2, passed 10-21-03; Ord. 2023-224, § 2, passed 9-5-23) § 6-3-609 Appeals.
(A) Applicants may appe al to the community development director any decision of the C&D compliance officer, including denial of exemptions, refusal to approve waste reduction and recycling plans, and refusals to refund security deposits (also known as "security deposit forfeiture").
(B) A notice of appeal from the de cision of the C&D compliance officer must be filed with the community development director within ten calendar days of the date that the decision being appealed was made by the C&D compliance officer.
(C) For purposes of this section, security deposit forfeiture shall be administered as an administrative citation for failure of applicant to fulfill all Construction and Demolition Waste Recycling Program requirements. All notice, notice contents, procedures, administrative hearing requests and procedures, decisions, and rights to judicial review shall be made and enforced pursuant to Title 1, Chapter 3, Subchapter 2, commencing with § 1-3-11.
(D) The notice of appeal shall set forth the particular decision or decisions being appealed, the reasons the appellant contends that the decision or decisions are incorrect, and all supporting documentation. (E) The failure to file a notice of appeal of a decision made by the C&D compliance officer within the time prescribed herein shall constitute a waiver of any complaint or objection to that decision and such decision shall be final.
(F) The community development director shall review the notice of appeal and supporting documentation, hold a hearing where applicable, and render a decision on the appeal. (Ord. 2003-131, § 2, passed 10-21-03; Ord. 2023-224, § 5, passed 9-5-23) § 6-3-610 Violations.
(A) It shall be unlawful for any person to engage in the construction or demolition of a covered project contrary to or in violation of any provision of this subchapter. (B) If violations of the provisions of this subchapter exist as to a project, the issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected. (C) Any person violating any of the provisions of this su bchapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this subchapter is committed, continued or permitted, and upon such conviction of any such violation, such person shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both fine and imprisonment. (Ord. 2003-131, § 2, passed 10-21-03)
SUBCHAPTER 7. ORGANIC WASTE DISPOSAL REDUCTION
§ 6-3-700 Definitions.
For the purposes of this subchapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined elsewhere in this chapter shall have the same meanings herein unless expressly defined in this subchapter. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number.
Blue container. Has the same meaning as in 14 CCR Section California Code of Regulations § 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste. The body of the blue container is either blue or black in color and the lid is blue in color for residential and commercial 35-, 64- or 96-gallon recyclable materials carts. The body of the 'blue container' is white in color and the lid of the container is blue or black in color for two, three, four, or six cubic yard commercial recyclable materials bins.