CalRecycle means 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).
California Code of Regulations or "CCR". The State of California Code of Regulations. CCRCalifornia Code of Regulations references in this subchapter are preceded with a number that refers to the relevant Title of the CCR California Code of Regulations (e.g., "14 CCR California Code of Regulations" refers to Title 14 of CCRCalifornia Code of Regulations).
CalRecycle. California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for the state’s recycling and waste management programs, including developing, implementing, and enforcing SB 1383 Regulations.
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. Means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 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 § 6-3-700(ooo) and 6-3-700(ppp) of this article or as otherwise defined in 14 CCR SectionCalifornia 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 CCR SectionCalifornia 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 CCR SectionCalifornia Code of Regulations § 17855(a)(4); or, as otherwise defined by 14 CCR SectionCalifornia Code of Regulations § 18982(a)(8).
Compost. Has the same meaning as in 14 CCR SectionCalifornia Code of Regulations § 17896.2(a)(4), which stated, as of the effective date of this subchapter, 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 compostability, or as otherwise described in 14 CCR SectionCalifornia Code of Regulations §§ 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
Container contamination or contaminated container. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR SectionCalifornia Code of Regulations § 18982(a)(55).
C&D. Construction and demolition debris.
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 CCR SectionCalifornia 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 CCR Section California Code of Regulations § 18982(a)(17).
Edible food. Food intended for human consumption, or as otherwise defined in 14 CCR SectionCalifornia Code of Regulations § 18982(a)(18). For the purposes of this subchapter or as otherwise defined in 14 CCR Section 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 CCRCalifornia 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, being California Health and Safety Code § 113700 et seq.
Enforcement action. An action of the city to address non-compliance with this subchaoter, 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 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 the 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 CCR Section California Code of Regulations § 18982(a)(22).
Food facility. The same meaning as in the 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 CCR Section 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 CCR Section 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 CCRCalifornia Code of Regulations, Division 7, Chapter 12 pursuant to 14 CCR Section California Code of Regulations § 18982(a)(7). (3) If the definition in 14 CCR Section California Code of Regulations § 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 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 CCR Section 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 CCRCalifornia Code of Regulations, Division 7, Chapter 12 pursuant to 14 CCR SectionCalifornia 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 CCR Section 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 CCR Section 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 CCR Sections California Code of Regulations § 18984.1(a) and (b), or as otherwise defined in 14 CCR SectionCalifornia Code of Regulation§ 17402(a)(6.5).
Green container. Has the same meaning as in 14 CCR sectionCalifornia 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 in 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 area 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 CCR Section California Code of Regulations § 18982(a)(30).
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 CCR Section California Code of Regulations § 18982(a)(31.5).
High diversion organic waste processing facility. A facility that is in compliance with the reporting requirements of 14 CCR Section California Code of Regulations § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022 and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to 14 CCR Section California Code of Regulations § 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section California Code of Regulations § 17402(a)(11.5); or, as otherwise defined in 14 CCR SectionCalifornia Code of Regulations § 18982(a)(33).
Inspection. A site visit where the city 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 CCR Section California Code of Regulations § 18982(a)(35).
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 I -
14 CCR Section California Code of Regulations § 18982(a)(38) differs from this definition, the definition in 14 CCR Section 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 this subchapter and implementation of 14 CCRCalifronia 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 CCRCalifornia 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 CCR Section California Code of Regulations § 18982(a)(39) differs from this definition, the definition in 14 CCR Section 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 CCR SectionCalifornia Code of Regulations § 18982(a)(40).
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.
MWELO. Refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCRCalifornia Code of Regulations, Division 2, Chapter 2.7.
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 CCR Section 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 CCR Section California Code of Regulations § 18982(a)(42):
(1) Federal facilities located within th e boundaries of the city, including the Chet Holifield Federal Building; and
(2) State agencies located within the boundaries of the city, including all public school locations.
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 CCR Section California Code of Regulations § 18982(a)(43).
Notice of violation (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 CCR Section California Code of Regulations § 18982(a)(45) or further explained in 14 CCR Section 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 CCR Section California Code of Regulations § 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 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 CCR Section California Code of Regulations § 18982(a)(48).
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 CCR SectionCalifornia Code of Regulations § 18982(a)(51).
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 CCR Section California Code of Regulations § 18982(a)(54).
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.
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 CCR SectionCalifornia Code of Regulations § 18982(a)(60).
Recovery. Any activity or process described in 14 CCR Section California Code of Regulations § 18983.1(b), or as otherwise defined in 14 CCR Section California Code of Regulations § 18982(a)(49).
Recycled-content paper. Paper products and printing and writing paper that consists of at least 30 %, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section California Code of Regulations § 18982(a)(61).
Regional agency. Regional agency as defined in California Public Resources Code § 40181.
Regional or county agency enforcement official. A regional or county agency enforcement official, designated by the city with responsibility for enforcing the ordinance in conjunction or consultation with city enforcement official.
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 CCR SectionCalifornia 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 CCR Section California Code of Regulations §18982(a)(65).
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 amended, 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 CCR 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 CCR Section California Code of Regulations § 18993.1(f)(4):
(1) Produced at one of th e following facilities:
(a) A compostable material handling oper ation or facility as defined in 14 CCR Section California Code of Regulations § 17852(a)(12), that is permitted or authorized under 14 CCR California Code of Regulations, Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section California Code of Regulations § 17852(a)(10); (b) A transfer/processing facility or transf er/processing operation as defined in 14 CCR Sections California Code of Regulations § 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR California Code of Regulations, Division 7; or
(c) A solid waste landfill as defined in California P ublic Resources Code § 40195.1 that is permitted under 27 CCR 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 CCR Sections California Code of Regulations § 17852(a)(24.5)(A)1 through 3, as enforced by § 6-3-708(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 CCRCalifornia Code of Regulations, Division 7, Chapter 12 and amended portions of regulations of 14 CCRCalifornia Code of Regulations and 27 CCRCalifornia 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 CCR Section California Code of Regulations § 18982(a)(66). Back-haul means 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 CCR Section California Code of Regulations 18982(a)(66)(A).
Single-family. Of, from, or pertaining to any residential premises with fewer than five units.
Solid waste. Has the same meaning as defined in 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 Ca lifornia 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). (3) Medical waste regulated pursuant to the California 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.
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 CCR Section 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 CCR Section California Code of Regulations § 18982(a)(43), or as otherwise defined by 14 CCR 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 CCR Section California Code of Regulations § 18982(a)(71).
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 CCR Section California Code of Regulations § 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 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 fac ility size equal to or greater than 5,000 square feet; (b) Hotel with an on-site food fa cility and 200 or more rooms; (c) Health facility with an on-site f ood facility and 100 or more beds; (d) Large venue ;
(e) Large event ;
(f) A state agency with a cafeteria with 250 or more se ats 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 CCR Section California Code of Regulations § 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section California Code of Regulations § 18982(a)(74) shall apply to this subchapter.
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 CCR Section California Code of Regulations § 189852(a)(76).
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-701 Requirements for single-family generators.
Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in § 6-3-707:
(A) Shall subscribe to city's organic waste collect ion services for all organic waste generated as described)in division (B) below. 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 CCR Section California Code of Regulations § 18984.9(c); and
(b) Shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.
(1) 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.
(2) Generators shall not place materials designated for the gray container into the green container or blue container.
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-702 Requirements for commercial businesses.
Generators that are commercial businesses, including multi-family residential dwellings, shall:
(A) Subscribe to city's three-container collection servic es and comply with requirements of those services as described below indivision (B), except commercial businesses that meet the self-hauler requirements in § 6-3-707. City shall have the right to review 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) Except commercial businesses that meet the self-hauler requirements in § 6-3-707, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below.
(1) 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.
(2) 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 an d location of collection containers with sufficient labels or colors (conforming with division (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§ 6-3-707;
(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. (2) Pursuant to 14 CCR Section California Code of Regulations § 18984.9(b), the containers provided by the business shall have either:
(a) A body or lid that conforms with the container colors provided through the collection service provided by 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 division (D) prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or (b) Container labels that include language or graphi c 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 CCR Section 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 require d to comply with container placement requirements or labeling requirement in division (D) above, pursuant to 14 CCR SectionCalifornia Code of Regulations § 18984.9(b);
(F) To the extent practical through education, trai ning, 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 § 6-3-707; (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 CCR Section 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 § 6-3-711 to confirm compliance with the requirements of this subchapter; (K) If a commercial business wants to self-haul, meet the self-hauler requirements in § 6-3-707; (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 CCR Section California Code of Regulations § 18984.9(c); and
(M) Commercial businesses that are tier one or tier tw o commercial edible food generators shall comply with food recovery requirements, pursuant to § 6-3-704. (Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-703 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 indivision (A)(1) below. As part of the organic waste generation verification process, the city may request documentation from the commercial business as described indivision (A)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services th at 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' tota l 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 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 mini mis waiver every five years, if city has approved de minimis waiver.
(B) Physical space waivers. (1)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 §§ 6-3-701 or 6-3-702. (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 elig ible for physical space waiver every five years, if city has approved application for a physical space waiver.
(Ord. 2021-209, § 1, passed 5-4-21; Ord. 2023-224, § 3, passed 9-5-23)
§ 6-3-704 Requirements for commercial edible food generators. (A) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 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, commencing January 1, 2024.
(C) Commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of ed ible 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 edib le 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 de signated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section California Code of Regulations § 18991.4; (5) Keep records that include the following in formation, or as otherwise specified in 14 CCR SectionCalifornia Code of Regulations § 18991.4:
(a) A list of each food recovery service or organiza tion that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section California Code of Regulations § 18991.3(b);
(b) A copy of all contracts or writ ten agreements established under 14 CCR Section 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;
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 March 31 of each year, commencing no later than February 1, 2023 for tier one commercial edible food generators and February 1, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the following information:
(a) A copy of all contracts or writ ten agreements established under 14 CCR Section 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; (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 Bill Emerson Good Samaritan Food Donation Act or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 [commencing with § 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the California Education Code, and to amend of the California Health and Safety Code § 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-705 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 CCR Section California Code of Regulations § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 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 collect ed 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 receivin g edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section California Code of Regulations § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR SectionCalifornia 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, commencing March 31, 2023 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 CCR SectionCalifornia 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 CCR Section California Code of Regulations § 18991.3(b).
(D) In order to support edible food recovery capacity planning assessments or other studies conducted by the city or 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. (Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-706 Requirements for haulers and facility operators. (A) Requirements for haulers.
(1) Exclusive franchised hauler prov iding 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:
(a) Through written notice to the city annually on or before March 15 th identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated green container organic waste;
(b.) 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 CCRCalifornia Code of Regulations, Division 7, Chapter 12, Article 2; and (c) Obtain approval from the city to haul organi c 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 CCR Section California Code of Regulations § 18989.1, this subchapter, and 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 reques t, 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.
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-707 Self-hauler requirements.
(A) Self-haulers shall source separate all recyclable ma terials and organic waste (materials that 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 CCR Sections 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 CCR Section California Code of Regulations § 18984.3. (B) Self-haulers shall haul their source separated recyclab le 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) (1) Self-haulers that are commercial businesses (inc luding 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. (2) The records shall include the following information:
(a) Delivery receipts and weight tickets from the entity accepting the waste; (b) The amount of material in cubic yards or tons transported by the generator to each entity; (c) 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 the city, if requested. (E) A residential organic waste generator that self-hauls or ganic waste, as described in § 6-3-48, is not required to record or report information in divisions (C) and (D) above. (Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-708 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 CCRCalifornia 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 CCR Section California Code of Regulations § 17852(a)(24.5)(A)(1) through (3); and
(2) (a) Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to city, upon completion of projects. (b) Information to be provided shall include:
1. General description of how and where the product was used and if applicable, applied;
2. 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;
3. Type of product;
4. Quantity of each product; and,
5. Invoice or other record demonstrating purchase or 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 post-consumer 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 prov ided, 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.
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-709 Compliance with CALGreen recycling requirements. (A) (1) Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCRCalifornia 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. (2) Project applicants shall refer to city's building and/or planning code for complete CALGreen requirements.
(B) For projects covered by CALGreen, the applicants must , as a condition of the city's permit approval, comply with the following:
(1) Where five or more multi-fam ily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCRCalifornia Code of Regulations, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020;
(2) New commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCRCalifornia Code of Regulations, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020; and (3) Comply with CALGreen requirements and applicab le law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with city's C&D ordinance, § 6.3.603 and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
(Ord. 2021-209, § 1, passed 5-4-21)
Sec. 6-3-710. Model water efficient landscaping ordinance requirements. (a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new single-family, multi-family, public, institutional, or commercial project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this section.
(b) The following compost and mulch us e requirements that are part of the MWELO are now also included as requirements of this article.
(c) Property owners or their buildin g or landscape designers that meet the threshold for MWELO compliance outlined in 6-3-710(a) above shall:
(1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, comp ost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling. b. For landscape installations, a mi nimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
(2) The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this section shall consult the full MWELO for all requirements. (d) If, after the adoption of this article, the Califor nia Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires the city to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter
2.7 shall be enforced.
(Ord. No. 2021-209, § 1, 5-4-21)
§ 6-3-711 Inspections and investigations by city.
(A) City representatives and/or its designated entity, in cluding 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) (1)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. (2) Failure to provide or arrange for: (a) access to an entity's premises; or (b) 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 Section 6250 § 792.000 et seq.
(D) City representatives, its designat ed 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 re garding an entity that may be potentially non-compliant with SB 1383 (2016) Regulations, including receipt of anonymous complaints under 14 California Code of Regulations § 18995.3.
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-712 Enforcement.
(A) Notice and fines. 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. (B) Other remedies. 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.
(C) 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 city enforcement official. (a) City enforcement official(s) a nd regional or county agency enforcement official will interpret ordinance; 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) a nd regional or county agency enforcement official may issue notices of violation(s).
(D) Process for enforcement.
(1) (a)City enforcement officials or regional or co unty 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 no tify regulated entities of its obligations under the ordinance.
(c) The City shall issue a notice of violation requirin g compliance within 60 days of issuance of the notice. (d) Absent compliance by the respondent within the dead line set forth in the notice of violation, 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. (E) 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; and (3) For a third or subsequent violation, the amount of the base penalty shall be $500.00 per violation. (F) Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section 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 earthquake s, 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 infrastructu re or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section California Code of Regulations § 18996.2 due to those deficiencies.
(G) Appeals process. Consistent with §§ 1-3-19 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. (h) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the city or its designee will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this subchapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (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 this section, as needed.
(Ord. 2021-209, § 1, passed 5-4-21)
§ 6-3-713 Effective date.
This subchapter shall be effective commencing on January 1, 2022. (Ord. 2021-209, § 1, passed 5-4-21)
SUBCHAPTER 8. SPECIAL COLLECTION
§ 6-3-800 Waste diversion programs at special events.
(A) The promoter, coordinator or responsible party for a sp ecial event held within the city must provide a level of municipal solid waste storage, collection and disposal, and recyclable materials and food scraps storage, collection and diversion, sufficient to handle all such materials generated at the special event. (B) This section shall apply to special ev ents with 1,000 or more attendees. (C) The responsible party shall, as part of the special event permit application, submit an implementation plan for the handling and diversion of recyclable materials and food scraps generated at the event that meets the requirements of this section. The responsible party shall submit a refundable deposit of $500.00 with the special event application.
(D) The promoter, coordinator or responsible party sha ll provide containers at appropriate locations at the special event to facilitate the source separation of municipal solid waste, recyclable materials and food scraps by event employees, vendors and attendees.
(E) The three types of containers shall:
(1) Be appropriate in number and size with respect to the quantity of municipal solid waste, recyclable materials, and food scraps anticipated to be generated at the special event; (2) Bear appropriate signage to identify the type of materials to be contained. Containers shall meet any additional design criteria established by the city; and (3) Be placed together as municipal solid waste, re cyclable materials and food scrap material stations throughout the special event venue to provide equally convenient access to users for disposal of municipal solid waste and diversion of recyclable materials and food scraps. (F) If the promoter or coordinator determines that ve ndor booths at the special event will require municipal solid waste containers, the vendors shall receive from the coordinator, promoter or responsible party a set of the three containers bearing appropriate signage to identify the type of material to be contained in each container.
(G) The use of public municipal solid waste containers or public recycling or food scrap containers at special events is prohibited. The promoter, coordinator or responsible party shall remove or cover all public municipal solid waste, recycling and food scraps receptacles to prevent their use during the special event. (H) The promoter, coordinator or responsible party shall arrange for the collection of all municipal solid waste, recyclable materials and food scraps at frequencies that prevent the overflow of said materials from storage containers at the special event. For special events of more than one day in duration, all municipal solid waste, recyclable materials and food scraps must be either collected and transported off site at the end of each day or emptied into interim containers (lidded wheeled carts, lidded bins or covered roll off boxes) at the end of each day as required to prevent odors, vectors and blowing litter.
(I) The promoter, coordinator or responsible party shall arrange for the collection and transport of all municipal solid waste to a fully permitted landfill or other fully permitted disposal site and shall arrange for the collection and transport of all recyclable materials and food scraps to permitted processing facilities for these materials to be diverted.
(J) (1)The promoter, coordinator or responsible party sha ll obtain weight tickets from the disposal site and all permitted processing facilities showing the date and weight of the materials delivered to the facility from the special event. (2) The promoter, coordinator or responsible party shall submit the following information to the City within 30 days of the end of the special event:
(a) Name and date(s) of the special event;
(b) Contact information for the responsible party, promoter or coordinator; (c) Address of location where event was held;
(d) Number of attendees for each day of the event;
(e) Quantity of municipal solid waste collected and disposed; (f) Quantity of recyclable mate rials collected and disposed; (g) Quantity of food scraps collected and disposed; and (h) Copies of weight tickets from municipal solid waste disposal facility and all permitted processing facilities where recyclable materials and food scraps were delivered. (K) The diversion deposit paid by the promoter, coordinator or responsible party shall be returned upon city verification that the diversion programs were carried out in compliance with this section. The diversion deposit shall be retained by the city in the event the city enforcement official or their designee determines that the solid waste diversion program was not implemented in compliance with this section. (Ord. 2023-224, § 4, passed 9-5-23)
Chapter 4 FOOD AND SANITATION
Subchapter 1. General Pr ovisions, §§ 6-4-1—6-4-13
Subchapter 2. Food Handling Businesses, §§ 6-4-14—6-4-39 Subchapter 3. Health Services Fee, §§ 6-4-40—6-4-59
Subchapter 4. Alcoholic Beverages Warning Signs, §§ 6-4-60—6-4-66
SUBCHAPTER 1. GENERAL PROVISIONS
§§ 6-4-1—6-4-13 Reserved.
SUBCHAPTER 2. FOOD HANDLING BUSINESSES2
§ 6-4-14 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Certified farmer's market. As defined in the California Health and Safety Code § 1137425 of the health and safety code.
Commissary. As defined in the California Health and Safety Code § 1137510 of the health and safety code. (c) Food establishment shall be as defined in section 113780 of the health and safety code.
Food facility. As defined in the California Health and Safety Code § 1137895 of the health and safety code.
Food processing establishment. As defined in the California Health and Safety Code § 111955.
Health department or department. The Orange County health care agency.
Health officer. The county health officer or their deputy.
Inspector. An environmental health specialist, as defined in California health and safety code § 106615, employed by the health department, or the health officer, or any deputy health officer authorized to inspect premises or equipment for the enforcement of this subchapter.
Mobile food facility. As defined in the California Health and Safety Code § 11381531 of the health and safety code.
Open-air barbecue. As defined in the California Health and Safety Code § 11384330 of the health and safety code.
Person. As defined in the California Health and Safety Code § 11385540 of the health and safety code.
Premises. Include land, buildings, vehicles and ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or food facilities or on such premises.
Produce stand. As defined in the California Health and Safety Code § 11387955 of the health and safety code.
Restricted food service transient occupancy establishmentfacility. As defined in the California Health and Safety Code § 11389370 of the health and safety code.
Satellite food distribution facilityservice. As defined in the California Health and Safety Code § 11389980 of the health and safety code.
Temporary food facility. As defined in the California Health and Safety Code § 113930895 of the health and safety code.
(q) Vehicle shall be as defined in section 113900 of the health and safety code.
Vending machine. As defined in the California Health and Safety Code § 11393803 of the health and safety code.
Vending machine business. The business of selling food or beverages by means of vending machines, regardless of the number of locations at which the vending machines are located. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 1, passed 2-1-94; Ord. 96-92, § 14, passed 8-20-96)
§ 6-4-15 Permit required: conditions and terms.
(A) It shall be unlawful for any person to operate any food facility, vending machine business, food processing establishment, or any other food handling business governed by this subchapter, without first applying for and receiving a food vending permit issued by the health department under the provisions of this subchapter.
(B) Every applicant for a food vending permit shall file with the Health Department a written application which shall state the name and address of the applicant, the character and location of the activity for which a permit is required under this subchapter, and such other information as the health department may require.
Applicants for a permit to operate a mobile food preparation unit shall, in addition, provide a list of three service stops which shall include the address of exact location and time of each stop. (C) A permit may be issued when investigation has dete rmined that the proposed facility and its method of operation will conform to all applicable laws and regulations. A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity approved and, unless suspended or revoked, for the time period indicated. (D) Any permit may be suspe nded or revoked for a violation of any applicable provisions of law or regulation.
Any food facility, vending machine business, food processing establishment, or any other food handling business governed by this subchapter, for which the permit has been suspended or revoked shall close and remain closed until the permit has been reinstated or until a new permit has been issued. (E) Permits may be granted at any time during the year. A permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 2, passed 2-1-94)
§ 6-4-16 Construction, conversion and alteration.
A person proposing to build or remodel a food facility, vending machine business, food processing establishment, or any other food handling business governed by this subchapter, shall submit three copies of the complete plans and specifications to the health department for review and approval pursuant to the applicable requirements of the Health and Safety Code. The health officer may thereafter issue a certificate stating that modifications, if any, are required for compliance with applicable laws and ordinances. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 3, passed 2-1-94) § 6-4-17 Suspension of permits.
A permit issued under this subchapter or its predecessor may be suspended or revoked under the procedure set forth in this subchapter for any of the following reasons:
(A) Violation of state law;
(B) Violation of this subchapter;
(C) Violation of the rules an d regulations adopted pursuant to this subchapter; or (D) Upon recommendation by the health officer.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 4, passed 2-1-94)
§ 6-4-18 Notice of violation.
When any laws, this subchapter or rules and regulations have been violated, an inspector may serve written notice thereof entitled "Notice of Violation" specifying:
(A) The acts or omissions with which the permittee is charged; (B) The provision or provisions violated thereby;
(C) The corrective steps required;
(D) The date by which all such corre ctions must be completed, allowing a reasonable period therefor; (E) That the permittee has a right to a hearing upon written request or that a mandatory hearing has been scheduled; and
(F) That if no hearing is requested or the permittee fails to appear at the scheduled hearing and if the health department does not receive notice that all such corrections have been made before 9:00 a.m. of the date specified under division (D) above, the permit will be subject to suspension or revocation from that time until all violations have been corrected.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 5, passed 2-1-94) § 6-4-19 Hearing.
The hearing shall be held by the health officer, or their duly authorized representative who is a qualified environmental health specialist as defined in the California Health and Safety Code § 106615 and registered as provided in § 106710 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measure taken.
(A) (1)The permit holder shall have the right to a hearin g, if requested, on all violations listed in the notice.
A written request for a hearing shall be made by the permittee within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension or revocation process.
(2) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the permittee, the hearing officer may postpone any hearing date, if circumstances warrant such action.
(B) (1)At the conclusion of the hearin g, the hearing officer shall issue a written notice of decision to the permittee within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged, and shall state the terms of the suspension, or that the permit has been revoked. (2) The health officer may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated violations of any of the requirements of the applicable laws, rules and regulations.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 6, passed 2-1-94; Ord. 96-92, § 15, passed 8-20-96) § 6-4-20 Mobile food preparation units generally.
In addition to all other applicable provisions of the Health and Safety Code and of this subchapter, mobile food preparation units shall comply with the following safety requirements:
(A) Compressors, auxiliary engines, generators, batteri es, battery chargers, gas-fueled water heaters, and similar equipment shall be installed so as to be accessible only from the outside of the unit; (B) All equipment installed in any pa rt of the unit shall be secured so as to prevent movement during transit and to prevent detachment in the event of a collision or overturn; (C) All equipment installed within the interior of the unit, including the interiors of cabinets or compartments, shall be constructed so as to be free of sharp or jagged edges; (D) All utensils shall be stored so as to prevent th eir being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives' in cabinets, boxes or slots along counter aisles. Knife holders shall be designed to be easily cleaned and be manufactured of materials approved by the health officer; (E) Ceiling light fixtures shall be recessed or flush-mo unted and sealed and shall be equipped with safety covers approved by the health officer. The minimum clearance from the floor to the light fixture shall be at least 188 centimeters (76 inches) or the fixture shall be installed out of the traffic aisle or work area;
(F) High voltage (110-120 v) electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within a junction, outlet or switch as to prevent the use of extension cords exceeding 183 centimeters (six feet). Outside electrical connection receptacles shall be of weatherproof design with cover;
(G) Attached, firmly anchored seats with backrests, equipped with seat belts, shall be provided for all occupants. If a jump seat in the aisle is utilized, it shall fold in a manner that will clear the aisle when not in use and be held with a self-latching mechanism. Seats and backrests shall be at least 35.5 centimeters (14 inches by 14 inches) in size. All occupants shall be seated, shall wear seat belts and shall not cook or prepare food while the unit is in motion. Signs setting forth the latter three requirements shall be posted in both English and Spanish; (H) A first-aid kit approved by the health officer shall be provided and located in a convenient area in an enclosed case;
(I) All pressure cylinders shall be se curely fastened to a rigid structure of the unit. All liquefied petroleum gas (LPG) equipment shall be installed as follows.
(1) The LP gas tanks and relief valves sh all be ASME-approved for intended use. (2) Tanks shall be securely fasten ed and located where they will normally not be subject to damage.
They may be in a body compartment or underneath the body. The tank or fittings must not protrude beyond the body.
(3) Tanks and regulators shall be separated from any open flame by a vapor-tight partition. (4) When tanks are installed in a bo dy compartment, the partitions shall be sealed off from the rest of the body with no openings to the interior except for the tubing. The following additional requirements shall be met:
(a) All tank valves and fittings shall be readily accessible from outside the unit. (b) The tank safety relief valve shall be vent ed to the outside and directed downward. (c) The filling shall be done through an outside door to the compartment. (d) The compartment shall be vented to the exteri or of the unit so as to prevent accumulation of gas.
(5) Tubing that passes through partitions shall be protected by grommets made of rubber or other approved materials.
(6) Tubing exposed to friction shall be protected against chafing. (7) Expansion and contraction bends shall be made in the tubing between the tank and the appliance.
(8) ASME-approved LP gas tubing or standard weight pipe shall be used throughout. (9) Protective "thread" caps shall be installed on fill-line check valves. (10) Every appliance fueled by LP gas shall be equipped with a pilot light attachment and provided with an ASME-approved device which will automatically shut off all gas to the appliance if the pilot light should be extinguished.
(J) A minimum five B.C.-rated portable fire extinguisher (UL or state fire marshal approved design) shall be installed in plain sight and within easy reach, immediately inside the front driver's door. The extinguisher shall be replaced or recharged after each use. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 7, passed 2-1-94) § 6-4-21 Mobile food preparation units operating in more than one location in any day.
In addition to the requirements specified in § 6-4-20, mobile food preparation units which operate at more than one location in any calendar day shall comply with the requirements set forth in California Health and Safety Code § 114323 or as that section may be amended. The following additional requirements shall also apply. (1) Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of the unit in the event of a sudden stop, collision or overturn, or, as an alterative to this requirement, coffee urns shall be equipped with positive closing lids as well as perforated metal protective sleeves on the glass liquid level sight gauges. (2) Deep fat fryers are prohibited unless equipped wi th positive closing lids to contain the fat and to prevent splashing or excessive spillage in transit or in the event of a sudden stop, collision or overturn of the unit. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be kept positively closed while the unit is in motion, and signs setting forth this requirement shall be posted in both English and Spanish. (3) Water bath or steam food insert tables shall be pr ovided with baffles to prevent surging in transit. All such tables, as well as dry heat units and their insert food containers and similar equipment that contains hot liquids or hot foods, shall have positive closing lids to contain all such liquids or foods and to prevent splashing or spillage in transit or in the event of a sudden stop, collision or overturn of the unit. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be positively closed while the unit is in motion, and signs setting forth this requirement shall be posted in both English and Spanish. (4) An alternate means of exit in th e side opposite the main exit door, or the roof, or the rear of the unit, with unobstructed passage of 61 centimeters by 61 centimeters (24 inches by 24 inches) minimum to the outside shall be provided. The interior latching mechanism shall be operable by hand without special tools or key. The exit shall be labeled "Safety Exit" in contrasting colors with letters at least 2.54 centimeters (one inch) in height.
(A) Any lids required under this section shall be designed and constructed so as to prevent pressure buildup which could result in an explosion.
(B) Signs setting forth the requirements in this section shall be posted in both English and Spanish. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-22 Additional requirements for mobile food preparation units operating in multi- locations in any day.
In addition to the requirements specified in § 6-4-21,mobile food preparation units which operate at more than one location in any calendar day, shall comply with the following additional requirements:. (A) Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of the unit in the event of a sudden stop, collision or overturn, or, as an alternative to this requirement, coffee urns shall be equipped with positive closing lids as well as perforated metal protective sleeves on the glass liquid level sight gauges. (B) Deep fat fryers are prohibited, unless equipped wi th positive closing lids to contain the fat and to prevent splashing or excessive spillage in transit or in the event of a sudden stop, collision or overturn of the unit. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be kept positively closed while the unit is in motion. Signs setting forth the latter requirements shall be posted in both English and Spanish. (C) Water bath or steam food insert tables shall be pr ovided with baffles to prevent surging in transit. All such tables, as well as dry heat units, their insert food containers and similar equipment that contains hot liquids or hot foods shall have positive closing lids to contain all such liquids or foods and to prevent splashing or spillage in transit or in the event of a sudden stop, collision or overturn of the unit.
Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be positively closed while the unit is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. (D) An alternate means of exit in the side opposite the main exit door, or the roof, or the rear of the unit, with unobstructed passage of 61 centimeters by 92 centimeters (24 inches by 36 inches) minimum to the outside, shall be provided. The interior latching mechanism shall be labeled "Safety Exit" in contrasting colors with at least two and fifty-four one-hundredths (2.54) centimeters (one inch) high letters.
(Ord. 94-69, § 8, passed 2-1-94)
§§ 6-4-23, 6-4-24 Reserved.
§ 6-4-25 Suspension for refusal of entry.
It shall be a violation of this subchapter for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the premises described in § 6-4-15, or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the premises. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 9, passed 2-1-94) § 6-4-26 Summary suspension.
(A) If any immediate danger to the public health or sa fety is found, unless the danger is immediately corrected, an inspector may temporarily suspend the permit and order the premises immediately closed. Immediate danger to the public health and safety means any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission, or hazardous condition, including, but not limited to, unsafe food temperature, sewage contamination, nonpotable water supply or an employee who is a carrier of a communicable disease.
(B) Whenever a permit is suspended as the result of an immediate danger to the public health or safety, the inspector shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code section, and informing the permittee of the right to a hearing. (C) At any time within 15 calendar days after service of a notice pursuant to division (B) above, the permittee may request, in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to such hearing. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 10, passed 2-1-94) § 6-4-27 Supervision of closing down premises.
When any permit is first suspended hereunder, or when any premises governed hereby shall have been closed for business and left in an unsanitary condition, the health department shall have the power to enter to ensure that the premises are closed down in a manner which will not endanger the public health. If the permittee or his employee in charge cannot be found, or is unwilling or unable to remedy the condition of the premises, the owner of the premises shall be notified of unsanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 11, passed 2-1-94) § 6-4-28 Rules and regulations.
The health officer may adopt and enforce rules and regulations necessary to administer this subchapter, including, but not limited to, regulations pertaining to:
(A) Forms for applications, permits and notices;
(B) Forms and procedures for hearings upon the granti ng, denying, suspending, revoking or reinstating of permits; and
(C) Inspection of premises and reporting thereon.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 12, passed 2-1-94)
§ 6-4-29 Penalty.
Any person violating any of the provisions of this subchapter shall be guilty of a misdemeanor. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 13, passed 2-1-94) § 6-4-30 Preemption.
This subchapter shall not apply to any matter to which it concerns to the extent that the regulation of such matter is preempted by State law.
(Ord. 94-69, § 14, passed 2-1-94)
§§ 6-4-31—6-4-39 Reserved.
SUBCHAPTER 3. HEALTH SERVICES FEE
§ 6-4-40 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Health department or department. The Orange County Health Care Agency.
Health officer. The County Health Officer or their duly authorized representative.
Person. An individual, partnership, corporation or other legal entity.
Receipt. A county public health services fee receipt.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 15, passed 2-1-94) § 6-4-41 Purpose and authority.
(A) The purpose of this subchapter shall be to establish fees sufficient to meet the reasonable expenses of the health officer in enforcing state statutes, orders, quarantines and rules and regulations of state officers and departments relating to public health, which expenses are hereby found not to be met by the fees prescribed by the state.
(B) The authority for this subchapter is contained in the California Health and Safety Code § 101325. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 16, passed 2-1-94; Ord. 96-92, § 16, passed 8-20-96)
§ 6-4-42 Area of application.
This subchapter shall be enforceable within the territory of the city. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 17, passed 2-1-94; Ord. 96-92, § 17, passed 8-20-96) § 6-4-43 Violation.
It shall be unlawful for any person to conduct any activity enumerated in this subchapter without a valid receipt.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 18, passed 2-1-94) § 6-4-44 Separate activities.
If a person shall conduct more than one of the activities for which a receipt is required, they must obtain a separate receipt for each activity, except as otherwise provided herein. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 19, passed 2-1-94) §§ 6-4-45—6-4-51 Reserved.
§ 6-4-52 Applications.
Applications for a receipt shall be filed with the health department on a form to be provided by that department. The applications shall be accompanied by payment of the required fee. An applicant for or recipient of a receipt shall provide the health officer with any information requested by them. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 20, passed 2-1-94) § 6-4-53 Rules and regulations.
The health officer shall administer this subchapter and may issue regulations and prepare application and identification forms pertaining thereto.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 21, passed 2-1-94) § 6-4-54 Fees.
(A) The county shall, by annual board resolution, adopt health service fees to be paid by the proprietor or operator of the food facility.
(B) Such fees are to be paid directly to the county health officer and retained by the county as reimbursement for said services related to this subchapter. (Ord. 90-11, § 4, passed 3-6-90; Ord. 94-69, § 22, passed 2-1-94) § 6-4-55 Reserved.
§ 6-4-56 Reserved.
§ 6-4-57—6-4-59 Reserved.
SUBCHAPTER 4. ALCOHOLIC BEVERAGES WARNING SIGNS
§ 6-4-60 Purpose of subchapter.
The Surgeon General of the United States has recommended that women who are pregnant, or considering pregnancy, be advised not to drink alcoholic beverages, and to be aware of the alcoholic content in anything they eat, because alcohol consumption during pregnancy, especially in the early months, can harm the fetus. In order to serve the public health, safety and welfare, the purpose of this subchapter is to educate the public by requiring that warning signs be placed at all locations where alcoholic beverages are sold to the public. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-61 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Alcoholic beverages. Includes, without limitation, beer, malt liquors, wine and distilled spirits.
Health officer. The city health officer or their deputy. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-62 Required signs.
Any person who owns, operates, manages, leases or rents premises offering wine, beer, distilled spirits, malt liquors or other alcoholic beverages for sale, or who dispenses such beverages for consideration to the public, shall cause signs to be posted in compliance with the following. (A) For alcoholic beverages intended for consumption off the premises where sold or distributed, at least one notice or sign shall be placed in the retail establishment so as to ensure that it is readable and likely to be read, either at the retail point of sale or each point of display. Signs or notices placed at the point of display shall be placed no more than ten feet from any display of any alcoholic beverage container in a manner associating the sign or notice with the display. (B) For alcoholic beverages provided for consumptio n on the premises at tables served by food or beverage persons, at least one notice or sign shall be placed so as to ensure that it is readable and likely to be read by the public being served on the premises, or a notice or sign shall be conspicuously displayed at each of the tables.
(C) For alcohol sold or distributed through over-the-counter service, at least one notice or sign shall be placed in the retail establishment so that it is readable and likely to be read from all counter locations available to the public.
(D) Any sign required to be posted or displayed under this section, except as otherwise provided in this article, shall bear the following warning message: "WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects."
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-63 Language.
If 25% or more of the public patronizing premises offering for sale or dispensing, for consideration, wine, beer or other alcoholic beverages uses a language other than English as a primary language, any sign or notice required under § 6-4-62 shall be worded in both English and the primary languages involved. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-64 Enforcement of subchapter.
The police chief shall be responsible for enforcing the provisions of this subchapter. Police services shall have the authority to adopt reasonable rules and regulations for the implementation of this subchapter, including rules and regulations for alternative signs and warning messages, and placement of required signs. (Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 2, passed 8-20-96) § 6-4-65 Penalty for violation of subchapter.
Any person who shall violate the provisions of this subchapter shall be guilty of an infraction, and upon conviction shall be punished by a fine not to exceed $100.00 per day.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-4-66 Sign availability.
Warning signs required by this subchapter may be obtained free of charge from the health department.
Vendors of alcoholic beverages may also prepare and post signs of their own making, meeting the requirements of this subchapter, at their expense. In no event shall the language of the warning sign be altered from that specified in § 6-4-62(D).
(Ord. 90-11, § 4, passed 3-6-90)
Chapter 5 WATER CONSERVATION3
Subchapter 1. Use of Well Water, §§ 6-5-1—6-5-13
Subchapter 2. Construction and Abandonment of Water Wells, §§ 6- 5-14—6-5-39
Subchapter 3. Water Efficient Landscaping Regulations, §§ 6-5-40— 6-5-461
SUBCHAPTER 1. USE OF WELL WATER
§ 6-5-1 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Beneficial use and beneficial purpose. The causing, suffering or permitting of any water pumped or flowing from any well to be used for the purpose of irrigation of lands or for domestic use or for the propagation of fish.
Irrigation of land. The artificial application of water to lands whenever rainfall is insufficient to meet the full water requirements of crops, applied to lands in such quantities and in such manner, from time to time during the growing season of the trees or plants being irrigated, as will provide sufficient moisture to promote plant growth, having reference to the particular kind of crops grown and the particular type of soil involved.
Propagation of fish. The breeding or propagating of edible or pet species of fish where such breeding or propagation is carried on as a commercial enterprise.
Unnecessarily flow. The causing, suffering or permitting water flowing from an artesian well or pumped from a pumping well to be stored or used for any purpose other than a beneficial use or beneficial purpose.
Waste of water.
(1) (a)The causing, suffering or permitting of any wa ter pumped or flowing from any well to run into any river, creek or other natural watercourse or channel, or into any bay or pond or artificial reservoir, or into any street, road or highway, unless it be used thereafter for a beneficial purpose. (b)Where such water is caused, suffered or permitted to be run into any pond or artificial reservoir, such storing of water shall be deemed a waste of water unless it is used thereon for the beneficial
purpose of domestic use or propagation of fish or thereafter removed therefrom and used for the beneficial purpose of irrigation.
(2) The causing, suffering or permitting any water pumped or flowing from any well to run upon the land of any person, or upon the public lands of the United States or the state, unless it be used thereon for the beneficial purposes of irrigation thereof or for the propagation of fish. (3) The causing, suffering or permitting any water pumped or flowing from any well to be used for a beneficial purpose, where such beneficial use allows more than 5% of the water so pumped to escape in such a way as would define the use of such escaped water to be classified as waste of water under this section.
Water well and well. An artificial hole made in the ground through which water naturally flows from subterranean sources to the surface of the ground, commonly known and designated as an artesian well, or any well from which water is obtained by means of a pump or other mechanical device, commonly known and designated as a pumping well.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-2 Unlawful use of water.
It shall be unlawful for any person, either as owner, tenant, manager, agent or employee, to cause, permit or suffer any water well under the ownership, control or management of such person to be operated or used in such manner as to cause, suffer or permit the water from such well to unnecessarily flow or be pumped therefrom or to go to waste.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-3 Civil execution on fine.
Any fine imposed for violation of the provisions of this subchapter may be collected as in other criminal cases, and the court may also issue an execution upon the judgment therein rendered and the execution may be enforced and collected as in civil cases.
(Ord. 90-11, § 4, passed 3-6-90)
§§ 6-5-4—6-5-13 Reserved.
SUBCHAPTER 2. CONSTRUCTION AND ABANDONMENT OF WATER WELLS4 § 6-5-14 Purpose of subchapter.
It is the purpose of this subchapter to control the construction and reconstruction of wells to the end that the groundwater of the city will not be impaired in quality and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of the city, and to provide for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells
will not impair the quality of groundwater or otherwise jeopardize the health, safety or welfare of the people of the city.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-15 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Abandoned and abandonment. Apply to a well which has not been used for a period of one year, unless the owner declares in writing to the well standards advisory board their intention to use the well again for supplying water or for other associated purpose such as use as an observation well or injection well, and receives approval of such declaration from the board. All such declarations shall be renewed annually and at such time shall be resubmitted to the board for approval. Test holes and exploratory holes shall be considered abandoned 24 hours after construction work has been completed, unless otherwise approved by the health officer.
Agricultural well. A water well used to supply water for irrigation or other agricultural purposes, including so- called stock wells.
Cathodic protection well. Any artificial excavation in excess of 50 feet constructed by any method for the purpose of installing equipment or facilities for the protection, electrically, of metallic equipment in contact with the ground, commonly referred to as a cathodic protection well or a deep anode.
Community water supply well. A water well used to supply water for domestic purposes in systems subject to California Health and Safety Code § 4010116270 et seq.
Construct, reconstruct, construction and reconstruction. To dig, drive, bore, drill or deepen a well, or to re- perforate, remove, replace or extend a well casing.
Destruction. The proper filling and sealing of a well that is no longer useful so as to ensure that the groundwater is protected and to eliminate a potential physical hazard.
Electrical grounding well. Any artificial excavation in excess of 50 feet constructed by any method for the purpose of establishing an electrical ground.
Health officer. The Orange County health officer or their designee.
Individual domestic well. A water well used to supply water for domestic needs of an individual residence or commercial establishment.
Industrial well. A water well used to supply an industry on an individual basis.
Observation well. A well used for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.
Permit. A written permit issued by the health officer permitting the construction, reconstruction, destruction or abandonment of a well.
Person. Any person, firm, corporation or governmental agency.
Public nuisance. When applied to a well, means any well which threatens to impair the quality of groundwater or otherwise jeopardize the health or safety of the public.
Saltwater (hydraulic) barrier well. A well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of saltwater into a freshwater-bearing aquifer.
Test or exploratory hole. An excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.
Well. Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include but shall not be limited to community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and saltwater (hydraulic) barrier wells, and other wells whose regulation is necessary to fulfill the purpose of this subchapter as determined by the well standards advisory board. Wells shall not include:
(1) Oil and gas wells, geothermal wells or other wells co nstructed under the jurisdiction of the California department of conservation, except those wells converted to use as water wells; (2) Wells used for the purpose of dewatering excavati ons during construction, or stabilizing hillsides or earth embankments; or
(3) Other wells whose regulation is not necessary to fulf ill the purpose of this subchapter as determined by the well standards advisory board.
Wells standard advisory board. The wells standard advisory board as appointed by the board of supervisors of the County of Orange pursuant to the codified ordinances of the County of Orange. (Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 3, passed 8-20-96) § 6-5-16 Reserved.
§ 6-5-17 Permit required; compliance with orders of health officer and advisory board. (A) No person shall, within the city, construct or recons truct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the health officer as provided in this subchapter.
(B) No person shall abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the health officer.
(C) No person shall violate the terms of any order issued by the well standards advisory board or the health officer issued pursuant to this subchapter.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-18 Issuance of permit; amendment or cancellation. (A) Applications for permits shall be ma de to the health officer and shall contain such information as they shall require.
(B) Each application shall be accompanied by a fee which shall be established by the city council on the basis of the cost incurred in enforcing the provisions of this subchapter. Fifty percent of the fee shall be returned to the applicant should the permit be denied or if the permit is canceled within 60 days after issuance and no work has been done. A permit shall remain in effect for one year from the date of issuance. (C) Permits may be issued subject to an y condition or requirement found by the health officer to be necessary to accomplish the purposes of this subchapter.
(D) A permit may be canceled or the conditions amended by the health officer if they determine that to proceed with the work would result in a public nuisance or that the permit holder has violated the terms of the permit or this subchapter.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-19 Notification to health officer of completion of work; inspection.
The permittee shall notify the health officer in writing upon completion of the work, and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by the health officer, and no permittee shall be deemed to have complied with this subchapter or their permit until such inspection has been performed.
(Ord. 90-11, § 4, passed 3-6-90)
§§ 6-5-20—6-5-24 Reserved.
§ 6-5-25 Notice of cancellation or denial of permit.
If a permit is denied or canceled, the applicant or permit holder shall be given written notice by the health officer, which notice shall specify the reasons for their action and shall notify the applicant or permit holder of their right to request a hearing before the well standards advisory board within ten days. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-26 Notice to abate nuisance.
If the health officer determines that a well constitutes a public nuisance, they shall mail a written notice to the landowner and the permit holder, if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance; the corrective measures deemed necessary; and the time, date and place at which a hearing shall be held by the well standards advisory board relating thereto, which date shall be not less than ten and not more than 30 days after the date such notice is mailed. The notice shall state that if the board determines that a public nuisance exists a special assessment shall be imposed upon the land for any costs of abatement.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-27 Immediate abatement of nuisances.
If the health officer finds that immediate action is necessary to prevent impairment of the groundwater or a threat to the health or safety of the public, they may abate the nuisance under this subchapter without giving notice. Within 24 hours after initiating such abatement, the health officer shall give notice of a hearing before the well standards advisory board in the manner prescribed in § 6-5-26. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-28 Hearing on order to abate nuisance.
(A) At the time fixed for the hearing as provided for in this subchapter, the well standards advisory board shall hear and consider all relevant testimony and evidence offered by the landowner and by any other interested person. If the board finds that a public nuisance exists, it shall direct the health officer to take any necessary action to protect the groundwater or the health and safety of the public, unless the situation is corrected by the landowner on or before a date to be specified by the board. The costs of such corrective work by the health officer shall become a special assessment upon the land pursuant to § 6-5-29.
(B) If the board finds that a permit was improperly denied or canceled, it shall order the health officer to issue or reinstate such permit.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-29 Collection of abatement costs.
Upon a finding by the well standards advisory board that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this subchapter shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within 60 days, they shall then be declared a special assessment against that parcel as provided in California Government Code § 25845. Such special assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary city taxes.
The city shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-30 Standards for construction or abandonment.
Standards for the construction, reconstruction, destruction or abandonment of wells shall be the standards recommended in the California department of water resources Bulletin Number 74, chapter II, and future amendments thereto. Standards for the construction, reconstruction, destruction or abandonment of cathodic protection wells and electrical grounding wells shall be the standards recommended in the state department of water resources Bulletin No. 74-1 and future amendments thereto. Well standards may be modified by the health officer, with the advice and concurrence of the well standards advisory board, where required to cope with the local geological and groundwater conditions.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-5-31 Penalty for violation of subchapter.
(A)Any person who violates the terms of this subchapter or any permit issued under this subchapter shall be guilty of a misdemeanor, punishable by a fine not exceeding $500.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment.
(B) Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted, and shall be subject to the same punishment as for the original offense.
(Ord. 90-11, § 4, passed3-6-90)
§§ 6-5-32—6-5-39 Reserved.
SUBCHAPTER 3. WATER EFFICIENT LANDSCAPING REGULATIONS5
§ 6-5-40 Purpose and intent.
(a) The State Legislature has found that:
(1) The waters of the State are of limited supp ly and are subject to ever increasing demands; (2) The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;
(3) It is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
(4) Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; (5) Landscape design, installation, maintenance, and management can and should be water efficient; and (6) Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water. (7) Assembly Bill 1881 (2006) requires adoption by cities of a water efficient landscape ordinance that is at least as effective for conserving water as a model water efficient landscape ordinance issued by the State Department of Water Resources on September 17, 2009. (b) The city council finds and determines that:
(1) The city has an established reclaimed water infras tructure system for landscape use, that reduces the need for importation of potable water supplies;
(2) All water services within the ci ty are metered, such that the water purveyor can document water use in landscapes;
(3) Incentive-based water use efficiency programs ha ve been actively implemented within the city; (4) Current local design practices in new landscapes typically achieve the state model water efficient landscape ordinance water use goals;
(5) All new irrigation controllers sold after 2012 wi thin Orange County will be smart controllers that automatically adjust watering based on actual need;
(6) Landscape plan submittal and review has been a long-standing practice in Laguna Niguel; (7) The rainfall in the city averages approximately 12 inches per year and does not reliably offset the need for landscape irrigation;
(8) The local water purveyor is implementing budget- based tiered-rate billing and enforcement of water waste prohibitions for all existing metered landscaped areas throughout its service area, which includes the City of Laguna Niguel in its entirety.
Consistent with these findings, the purpose of the city's water efficient landscaping regulations is to establish alternative regulations acceptable under AB 1881 as being at least as effective as the state model water efficient landscape ordinance in the context of conditions in the city, in order to:
(1) Benefit from regulations that are consistent with neighboring local and regional agencies; (2) Promote the values and benefits of landscapes wh ile recognizing the need to invest water and other resources as efficiently as possible;
(3) Establish a structure for planning, designing, in stalling, maintaining and managing water efficient landscapes in new construction and rehabilitated projects; (4) Establish provisions for water management pr actices and water waste prevention for existing landscapes;
(5) Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount; and (6) Encourage the use of economic incentives that pr omote the efficient use of water, including but not limited to a budget-based tiered-rate structure.
(Ord. 2009-156, § 1, passed 12-15-09)
§ 6-5-40 Purpose and intent.
The State Model Water Efficiency Landscape Ordinance (MWELO), as established in Chapter 2.7 of Division 2 of the Title 23 of the California Code of Regulations, applies to all new and rehabilitated public and private projects, and shall be reviewed against the rules and procedures specified in the Guidelines for Implementation of the City of Laguna Niguel Water Efficient Landscaping Regulations.
§ 6-5-41 Applicability.
(a) Beginning January 1, 2010, the water efficient landsc aping regulations shall apply to the following landscape projects:
(1) New construction and landscape re habilitation projects by public agencies or private non-residential developers with a landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to design review and approval of a landscape plan pursuant to a discretionary permit (e.g., site development permit, coastal development permit, variance, use permit, minor adjustment and/or changed plan). (2) New construction and landscape re habilitation projects by developers or property managers of single- family and multi-family residential projects or complexes with a landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to design review and approval of a landscape plan pursuant to a discretionary permit (e.g., site development permit, coastal development permit, variance, use permit, minor adjustment and/or changed plan).
(3) New construction landscape installation projects by individual homeowners on single-family or multi- family residential lots with a project landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 5,000 square feet, and which are otherwise subject to design review and approval of a landscape plan pursuant to a discretionary permit (e.g., site development permit, coastal development permit, variance, use permit, minor adjustment and/or changed plan).
(b) § 6-5-43(b) of the landscape water use standards of these water efficient landscaping regulations shall apply to:
(1) All landscaped areas, whether installed prior to or after January 1, 2010; and (2) All landscaped areas installed after January 1, 2010 to which § 6-5-41(a) is applicable. (c) These water efficient landscaping regulations do not apply to:
(1) Registered local, state, or federal historical sites; (2) Ecological restoration proj ects that do not require a permanent irrigation system;
(3) Mined-land reclamation projects that do no t require a permanent irrigation system; or (4) Plant collections, as part of botanical gardens and arboretums open to the public. (Ord. 2009-156, § 1, passed 12-15-09)
§ 6-5-41 Guidelines for Implementation of the Water Efficient Landscaping Regulations. (A) The Director of Community Development shall formulate and modify as necessary such rules, procedures and interpretations as may be necessary or convenient to administer this subchapter. Such rules, procedures and interpretations shall be referred to as the Guidelines for Implementation of the city’s Water Efficient Landscaping Regulations or WELO Guidelines. (B) The WELO Guidelines shall include provisions at least as efficient as the state’s MWELO. (C) In the event of a conflict between the WELO Guidelines and the state’s MWELO, the more restrictive requirements shall apply.
(D) The provisions of the WELO Guidelines shall, to the extent that they are made conditions of any permit, be binding on the permittee.
§ 6-5-42 Implementation procedures.
(a) The city shall adopt, by resolution, guidelines for implementation to assure compliance with these water efficient landscaping regulations.
(Ord. 2009-156, § 1, passed 12-15-09)
§ 6-5-43 Landscape water use standards.
(a) For applicable landscape installati on or rehabilitation projects subject to § 6-5-41(a) of this water efficient landscaping regulations, the estimated applied water use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the city; as provided in the guidelines.
(b) Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by the local water purveyor and the local agency.
(Ord. 2009-156, § 1, passed 12-15-09)
§ 6-5-44 Delegation.
The city may delegate to, or enter into a contract with, another local agency, water purveyor, or other contractor to implement, administer, and/or enforce any of the provisions of the water efficient landscape regulations on behalf of the city.
(Ord. 2009-156, § 1, passed 12-15-09)
6-5-45 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Applied water. The portion of water supplied by the irrigation system to the landscape.
Budget-based tiered-rate structure. Tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.
Ecological restoration project. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
Estimated applied water use. The average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.
ET adjustment factor or ETAF. Equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this water efficient landscape ordinance and the guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.
Guidelines. The guidelines for implementation of the water efficient landscape ordinance, as adopted by the city, which describes procedures, calculations, and requirements for landscape projects subject to this water efficient landscape ordinance.
Hardscapes. Any durable material or feature (pervious and non-pervious) installed around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this water efficient landscape ordinance.
Homeowner installed landscape. Any landscaping either installed by a private individual for a single family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this subchapter, is a person who occupies the dwelling they own. This definition excludes speculative homes, which are not owner-occupied dwellings and which are subject under this subchapter to the requirements applicable to developer-installed residential landscape projects.
Irrigation efficiency. The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. Better irrigation efficiency can be expected from well designed and maintained systems.
Landscaped area. All the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
Landscape contractor. A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
Landscape documentation package. The documents required to be provided to the city for review and approval of landscape design projects, as described in the guidelines.
Landscape project. Total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under § 6-5-41 of this water efficient landscape ordinance.
Local agency. A city or county, including a charter city or charter county, that is authorized by the city to implement, administer, and/or enforce any of the provisions of the water efficient landscape ordinance on behalf of the city. The local agency may be responsible for the enforcement or delegation of enforcement of this water efficient landscape ordinance including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.
Local water purveyor. Any entity, including a public agency, city, county, or private water company that provides retail water service.
Maximum applied water allowance or MAWA. The upper limit of annual applied water for the established landscaped area as specified in the guidelines. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance.
Mined-land reclamation projects. Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
New construction. A new building with a landscape, or other new landscape such as a park, playground, or greenbelt without an associated building.
Non-pervious. Any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
Pervious. Any surface or material that allows the passage of water through the material and into the underlying soil.
Permit. An authorizing document issued by local agencies for new construction or rehabilitated landscape.
Plant factor or plant water use factor. A factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this water efficient landscape ordinance, the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this water efficient landscape ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." Recycled water or reclaimed water. Treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
Reference evapotranspiration or ETo. A standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the guidelines, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances.
Rehabilitated landscape. Any re-landscaping project that meets the applicability criteria of section 6-5-41(a), where the modified landscape area is greater than 2,500 square feet, is 50 percent of the total landscape area, and the modifications are planned to occur within one year.
Smart automatic irrigation controller. An automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather- based) or soil moisture data.
Special landscape area. An area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens; an area irrigated with recycled water; a water feature using recycled water, and/or an area
dedicated to active play such as parks, sports fields, golf courses, swimming pools and where turf provides a playing surface.
Turf. A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St.
Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
Valve. A device used to control the flow of water in an irrigation system.
Water feature. A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. (Ord. 2009-156, § 1, passed 12-15-09)
§ 6-5-46 Model water efficient landscaping ordinance requirements.
Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new single-family, multi- family, public, institutional, or commercial project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet shall comply with the requirements of § 6-3-710 (model water efficient landscaping ordinance requirements) found in subchapter 7 (organic waste disposal reduction) of chapter 3 (sewage and solid waste disposal) of title 6 (health and sanitation). (Ord. 2021-209, § 3, passed 5-4-21)
Chapter 6 NOISE CONTROL
Subchapter 1. General Pr ovisions, §§ 6-6-1—6-6-15
SUBCHAPTER 1. GENERAL PROVISIONS
§ 6-6-1 Declaration of policy.
In order to control unnecessary, excessive and annoying sounds emanating from the city, it is hereby declared to be the policy of the city to prohibit such sounds generated from all sources as specified in this subchapter. It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-2 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Ambient noise level. means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
Cumulative period. An additive period of time composed of individual time segments which may be continuous or interrupted.
Decibel (dB). A unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.
Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Emergency machinery, vehicle or work. Any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.
Fixed noise source. A stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.
Grading. Any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare the site for construction or other improvements thereon.
Impact noise. The noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.
Mobile noise source. Any noise source other than a fixed noise source.
Noise level. The A-weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A).
Person. A person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature.
Residential property. A parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.
Simple tone noise. A noise characterized by a predominant frequency so that other frequencies cannot be readily distinguished.
Sound level meter. An instrument meeting American National Standard Institute Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
Sound pressure level of a sound. In decibels, means 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-3 Noise level measurement equipment.
Any noise level measurements made pursuant to the provisions of this subchapter shall be performed using a sound level meter.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-4 Designated noise zone.
The entire territory of the city is hereby designated as Noise Zone one.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-5 Exterior noise standards.
(A)(1) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:
NOISE STANDARDS
Noise
Zone
Noise Level Time Period
1 55 dB(A) 7:00 a.m.—10:00 p.m.
50 dB(A) 10:00 p.m.— 7:00 a.m.
(2)If the alleged offensive noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this divisions (A)(2) shall be reduced by five dB(A).
(B) It shall be unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured on any other residential property, to exceed:
(1) The noise standard for a cumulative period of more than 30 minutes in any hour; (2) The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour; (3) The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; (4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB(A) for any period of time. (C)(1) If the ambient noise level exceeds any of the first four noise limit categories in division (B) above , the cumulative period applicable to such category shall be increased to reflect the ambient noise level. (2) If the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-6 Interior noise standards.
(A)(1) The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:
INTERIOR NOISE STANDARDS
Noise
Zone
Noise Level Time Period
1 55 dB(A) 7:00 a.m.—10:00 p.m.
45 dB(A) 10:00 p.m.— 7:00 a.m.
(2) If the alleged offensive noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this division (A)(2) shall be reduced by five dB(A).
(B) It shall be unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured within any other dwelling unit on any residential property, to exceed:
(1) The interior noise standard for a cumulative pe riod of more than five minutes in any hour; (2) The interior noise standard plus five dB(A) for a cumulative period of more than one minute in any hour; or
(3) The interior noise standard plus ten dB(A) for any period of time. (C)(1) If the ambient noise level exceeds either of the first two noise limit categories in division (B) above, the cumulative period applicable to the category shall be increased to reflect such ambient noise level. (2) If the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under the category shall be increased to reflect the maximum ambient noise level. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-7 Exemptions from subchapter.
The following activities shall be exempted from the provisions of this subchapter:
(A) Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college;
(B) Outdoor gatherings, public dances and shows, provided such events are conducted pursuant to a license issued by the city pursuant to title 5;
(C) Activities conducted on any park or playground , provided such park or playground is owned and operated by a public entity;
(D) Any mechanical device, apparatus or equipmen t used, related to or connected with emergency machinery, vehicles or work;
(E) Noise sources associated with construction, re pair, remodeling or grading of any real property, provided such activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday; (F) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions;
(G) Mobile noise sources associated with agricultural operations; provided such operations do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday;
(H) Mobile noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the agricultural commissioner;
(I) Noise sources associated with th e maintenance of real property, provided such activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a federal holiday; (J) Any activity to the extent regulation thereof has been preempted by state or federal law; and (K) (1)Noise sources associated with the construction, repair or maintenance of any public street, or the construction, installation, repair or maintenance of any facilities owned by or operated by the city or a
utility, including, but not limited to, water, sewer, electricity, gas, storm drain, traffic control, telephone and cable television, provided the director of public works determines that an unusual or unique condition exists and that all other reasonable alternatives are not feasible for the construction, repair or maintenance to take place between 7:00 a.m. and 8:00 p.m. on weekdays, including Saturdays.
(2) Unusual and unique conditions for which there are no reasonable feasible alternatives include, but are not limited to, the following:
(a) Construction, repair or maintenance of a public street that would have an adverse impact on the flow of traffic on that street if such construction, repair or maintenance took place between 7:00 a.m. and 8:00 p.m. on weekdays, including Saturdays;
(b) Construction, installation, maintenance or repair of water, sewer, electricity, gas, storm drain, traffic control, telephone or cable television lines and appurtenant facilities when there would be less interference with the use of such utilities and facilities by members of the public at night than during normal working hours;
(c) Sewer line repairs when there would be minimal flow in the line at night; (d) Construction, repair or maintenance of facilities over existing public streets, such as power lines and bridges;
(e) Construction, repair or maintenance of a public street that requires that the street be closed in both directions; and
(f) Construction, repair or maintenance of a public street that is at or near a freeway, especially if the California department of transportation requires that such work be done at night. (Ord. 90-11, § 4, passed 3-6-90; Ord. 2007-149, § 2, passed 10-16-07) § 6-6-8 Creation of noise near schools, hospitals and churches.
It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the school, hospital or church is in use to exceed the noise limits as specified in § 6-6-5 prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three separate locations within one-tenth mile of the institution indicating the presence of a school, church or hospital. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-8.1 Motor vehicle racing.
It shall be unlawful to conduct motor vehicle racing, testing, timing or similar noise-producing activities at raceways, speedways, offroad vehicle courses, drag strips or other similar places, including but not limited to the operation of midget race cars, drag cars, motorcycles, offroad vehicles and specialty automobiles, between the hours of 11:30 p.m. and 8:00 a.m.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-9 Air conditioning and refrigeration equipment.
During the five-year period following the effective date of this subchapter, the noise standards enumerated in §§ 6-6-5 and 6-6-6 shall be increased eight dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this subchapter. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-10 Noise level measurement location.
The location selected for measuring exterior noise levels shall be at any point on the affected property.
Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-6-11 Enforcement of subchapter.
(A) The chief of police, and their duly authorized represen tatives, are directed to enforce the provisions of this subchapter. The chief of police and their duly authorized representatives are authorized, pursuant to California penal code § 836.5, to arrest any person without a warrant where they have reasonable cause to believe that such person has committed a misdemeanor in their presence. (B) No person shall interfere with, oppose or resist an y authorized person charged with the enforcement of this subchapter while such person is engaged in the performance of his duty. (Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 5, passed 8-20-96) § 6-6-12 Variance procedure.
(A) The owner or operator of a noise source which violat es any of the provisions of this subchapter may file an application with the chief of police for a variance from the provisions of this subchapter, wherein the owner or operator shall set forth all actions taken to comply with such provisions, the reasons why immediate compliance cannot be achieved, and a proposed method of achieving compliance and a proposed time schedule for its accomplishment. The application shall be accompanied by a fee in the amount of $75.00. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property, may be combined into one application. Upon receipt of the application and fee, the chief of police shall refer it, with their recommendation thereon, within 30 days, to the noise variance board for action thereon in accordance with the provisions of this subchapter.
(B) An applicant for a varian ce shall remain subject to prosecution under the terms of this subchapter until a variance is granted.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 6, passed 8-20-96)
§ 6-6-13 Noise variance board.
(A) There is hereby created a noise variance board con sisting of five members. Two of the members shall be professional engineers, one of whom shall have demonstrated knowledge and experience in the field of
acoustics, and one of whom shall be a registered mechanical engineer. One member shall be a physician licensed in this state, qualified in the field of physiological effects of noise. One member shall be a representative of business and industry. One member shall be a representative of the general public. (B) The noise variance board shall evaluate all applic ations for variance from the requirements of this subchapter and may grant such variances with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of subchapter. Such terms, conditions and requirements may include but shall not be limited to limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations, the board shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingement by the noise; the time factors related to study, design, financing and construction of remedial work; the economic factors related to age and useful life of equipment; and the general public interest and welfare. Any variance granted by the board shall be by resolution and shall be transmitted to the health officer for enforcement. Any violation of the terms of the variance shall be unlawful.
(C) Members of the variance board shall be appointed by an d shall serve at the pleasure of the city council. The board shall adopt reasonable rules and regulations for its own procedures in carrying out its functions under the provisions of this subchapter.
(D) Three members shall constitute a quorum and at least three affirmative votes shall be required in support of any action.
(E) The chief of police, or their appointed representative, shall be a nonvoting ex officio member of the variance board, and shall act as secretary of the board.
(F) Meetings of the noise variance board shall be held at the call of the secretary and at such times and locations as the board shall determine. All such meetings shall be open to the public. (G) Traveling and other expenses incurred by each board me mber in the performance of their official duties shall be reimbursed at a rate determined by resolution of the city council. (Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 7, passed 8-20-96)
§ 6-6-14 Appeal of decisions of variance board.
(A) Within 15 days following the decision of the noise vari ance board on an application, the applicant, chief of police or any member of the city council may appeal the decision to the city council by filing a notice of appeal with the secretary of the variance board. In the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the secretary on the basis of the estimated cost of preparing the materials required to be forwarded to the city council as discussed in this section. If the actual cost of such preparation differs from the estimated cost, appropriate payments shall be made either to or by the secretary.
(B) Within 15 days following receipt of a notice of appeal and the appeal fee, the secretary of the variance board shall forward to the city council copies of the application for variance, the recommendation of the chief of police, the notice of appeal, and all evidence concerning the application received by the variance board and its decision thereon. In addition, any person may file with the city council written arguments supporting or attacking the decision and the city council may in its discretion hear oral arguments thereon. The city clerk shall mail to the applicant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten days prior to the hearing date.
(C) Within 60 days following its receipt of the notice of appeal, the city council shall either affirm, modify or reverse the decision of the variance board. Such decision shall be based upon the city council's evaluation of the matters submitted to the city council in light of the powers conferred on the variance board and the factors to be considered, both as enumerated in §§ 6-6-12 and 6-6-13. (Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 8, passed 8-20-96)
§ 6-6-15 Violation of subchapter.
Any person violating any of the provisions of this subchapter shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this subchapter shall not be construed as permitting conduct not prescribed in this subchapter, and shall not affect the enforceability of any other applicable provisions of law. (Ord. 90-11, § 4, passed 3-6-90)
Chapter 7 PUBLIC SMOKING
Subchapter 1. Legislative Finding, §§ 6-7-1—6-7-9
Subchapter 2. Smoking in Buildings Owned or Leased by City, §§ 6-7- 10, 6-7-11
Subchapter 3. Smoking in Places Open to The Public, §§ 6-7-12—6-7- 15 Subchapter 4. Smoking in Private Places of Employment, §§ 6-7-16— 6-7-20
Subchapter 5. Posting of Signs, §§ 6-7-21—6-7-26
Subchapter 6. Violations and Penalties, §§ 6-7-27—6-7-30 Subchapter 7. Severability, § 6-7-31
SUBCHAPTER 1. LEGISLATIVE FINDING
§ 6-7-1 Finding of facts.
The city council finds and declares that tobacco smoking is a hazard to the health of the general public.
Studies clearly demonstrate that smoking is a hazard to the health of those who smoke. In addition, recent studies indicate that involuntary inhalation of smoke is unhealthful to non-smokers. Furthermore, studies have shown higher costs associated with smoking in the workplace due to increases in absenteeism, accidents and costs of medical care, as well as lost productivity and damage to property from burns, extra cleaning and maintenance.
Because smoking of tobacco or any other weed or plant is such a positive danger to health and a material annoyance, inconvenience, discomfort and health hazard to those who are present in confined spaces, as well as resulting in higher costs of employment, and, in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco or any other weed or plant in buildings owned or leased by the city and in public places subject to the jurisdiction or control of the city, except in designated smoking areas or as otherwise provided in this chapter. The city council further declares that the protection of the health, safety and welfare of the public, both smokers and nonsmokers, requires the regulation and control of smoking in the private workplace.
(Ord. 90-11, § 4, passed 3-6-90)
§§ 6-7-2—6-7-9 Reserved.
SUBCHAPTER 2. SMOKING IN BUILDINGS OWNED OR LEASED BY CITY § 6-7-10 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
city. Includes all entities of which the city council is the governing body. smoke or smoking. Includes the ca rrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. department head. The person who is the principal officer or employee of an agency, department or district for the discharge of duties provided by law or particular delegated functions. Where an agency, department or district shares a common area of a building or leased area with another agency, department or district, the official designated for such purpose by the city council will be considered the department head with respect to common areas.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-7-11 Smoking prohibited except in designated areas.
Smoking shall be prohibited in buildings owned or leased by the city, except in designated areas, as provided in this section, in accordance with state and federal laws. (A) Selection and posting of designated areas.
(1) Smoking shall be permitted in those areas designated by the department head, with the concurrence of the city manager's office, which are posted with appropriate signs such as signs reading "Smoking Permitted in This Area." Smoking shall not be permitted in such areas until such written concurrence is given.
(2) The city manager's office shall be guided by the following criteria:
(a) The goal shall be to implement a uniform po licy of permitting smoking in certain designated areas.
(b) Existing physical barriers and ventilation systems shall be considered to minimize the effect of smoke in adjacent nonsmoking areas.
(c) Consideration may be given to time as well as place in designation of permissible smoking areas; for example, where an employee lounge is designated as a smoking area, smoking may be prohibited during normal meal hours.
(d) The area comprising the designated smoking area should comprise no more than approximately ten percent of the usable floorspace of the particular city-owned or city-leased building. (e) Flexibility and consideration of the needs of both smokers and nonsmokers should provide for resolution of most problems; however, the health concerns of nonsmokers shall be given priority consideration in resolving any conflicts arising from implementation of this policy.
(f) Where an agency, department or district shares a building or leased area with another agency, department or district, the official designated for such purpose by the city council shall conduct a review of such shared areas for possible recommendation of designated areas to the city manager's office for concurrence.
(B) Review of restrictions.
(1)(a) There is established a no smoking ordinance compliance committee. (b) The membership of the committee shall be as specified by the city council. Staff support shall be provided by the city manager's office.
(2) The committee shall meet, as necessary, in the following situations:
(a) Where a department head seeks review of th e nonconcurrence of the city manager's office, relating to division (A) above.
(b) Where an employee seeks review of action under division (A) above creating a designated area. (c) Where an employee seeks review of a department head's action not to create a designated area under division (A) above; and
(d) At least twice annually, to re view all concurrences granted by the city manager's office for consistency with the objectives of this chapter and correct inconsistencies where appropriate. (3)(a)The no smoking ordinance compliance committee shall be guided by those factors enumerated under division (A) above and shall be empowered, if necessary, to supersede any action of the city manager's office or the department head, or both, relating to the creation of designated areas under division (A) above.
(b)If one of the members of the no smoking ordinance compliance committee is also the department head involved in a review proceeding under division (B)(2)(a), (B)(2)(b) or (B)(2)(c) above, the city attorney, or their designee, shall act on the committee in place of such person. (C) Notice to employees. The provisions of this chapter shall be communicated to all current employees and to all future employees at the time of their entry into employment. (D) Assistance to employees who smoke. The personnel department, in cooperation with the health officer, shall assist employees who wish such assistance in locating and enrolling in classes on how to break their smoking habit.
(E) Exemptions. The following places shall not be subject to the provisions of this subchapter, but shall be subject to smoking regulations as determined by the chief of police:
(1) Jails or other adult detention facilities; and
(2) Prisoner holding areas in adult court facilities.
(Ord. 90-11, § 4, passed 3-6-90)
SUBCHAPTER 3. SMOKING IN PLACES OPEN TO THE PUBLIC
§ 6-7-12 Smoking prohibited in certain places.
Smoking shall be prohibited in the following public places within the city in accordance with state and federal laws:
(A) Elevators open to and in use by the public;
I -
(B) Waiting rooms, public hallways and patients' room s of every private or public health care facility, including but not limited to hospitals, except rooms limited to a single patient and not open to the general public;
(C) Within every room, chamber, pl ace of meeting or public assembly, during such time as a meeting required by law to be open to the general public is in progress; (D) Within any building or room not open to the sky, except the lobby, when that building or room is open to the public for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of the stage production; (E) In any establishment where food is being served to the general public having an occupied capacity of 50 or more persons; provided, however, that this prohibition against smoking shall not apply within an establishment wherein a no smoking area of not less than 20% of the floorspace and of the seating capacity in which customers are served is maintained;
(F) In the halls, reading and viewing rooms of muse ums and libraries when open to the public; and (G) Within retail stores doing business with the general public in areas posted by the management to that effect, except in areas not open to the public.
(Ord. 90-11, § 4, passed 3-6-90)
§ 6-7-13 Smoking in buildings owned or leased by city.
Those places open to the public under § 6-7-12 located within buildings owned or leased by the city shall be regulated under § 6-7-12; the prohibitions of § 6-7-11 shall be inapplicable to such public places. (Ord. 90-11, § 4, passed 3-6-90)
§§ 6-7-14, 6-7-15 Reserved.
SUBCHAPTER 4. SMOKING IN PRIVATE PLACES OF EMPLOYMENT6
§ 6-7-16 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Employee. Any person who is employed by any private employer in consideration for direct or indirect monetary wages or profit.
Private employer and employer. Any person, not a governmental entity, who employs the services of ten or more individual persons.
Private place of employment. Any enclosed area under the control of a private employer in the city which employees normally frequent during the course of employment, including but not limited to working areas, employee lounges, conference rooms and employee cafeterias. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-7-17 Duties of employers.
(A) It shall be the responsibility of em ployers to provide smokefree areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.
(B) Each employer shall adopt, implement and maintain a written no smoking policy, in accordance with state and federal laws, which shall contain at a minimum the following. (1) Smoking shall be prohibited in employer conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways and elevators.
(2) A contiguous no smoking area shall be provided and maintained of not less than 50% of the seating capacity and floorspace in cafeterias, lunchrooms and employee lounges. (3) Consideration should be given to time as well as place in the prohibition of smoking, especially in smaller employee lounges, where smoking could be prohibited in the entire room during normal meal hours.
(4) Any employee in the office work place should be given the right to designate their immediate assigned work area, at a fixed location, as a nonsmoking area, and to post it with appropriate signs to be provided by the employer.
(5) In any dispute arising under the sm oking policy, the health concerns of the non-smoker shall be given precedence.
(6) Whenever smoking is prohibited, conspicu ous signs shall be posted so stating. (C) The smoking policy shall be communicated to all empl oyees within three weeks of its adoption, and to all future employees at the time of their entry into employment. (D) Notwithstanding the provisions of division (B) above, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area. (E) An employer who makes reasonable efforts to develop and promulgate a policy regarding smoking and nonsmoking in the workplace shall be deemed to be in compliance with this section, provided that a policy which knowingly omits the minimum requirements of division (B) above shall not be deemed in compliance. (F) No person or employer shall discharge or in an y manner retaliate against any employee because such employee exercises any rights afforded by this section. (Ord. 90-11, § 4, passed 3-6-90)
§ 6-7-18 Enforcement of subchapter.
(A) Compliance with this subchapter concerning adoption, implementation and maintenance of a no smoking policy is mandatory. Employers who willfully fail to comply with the provisions of this subchapter may be subject to the penalties prescribed in § 6-7-27.
(B) A self-certification shall be prepar ed by the owner, manager, operator or other person having control of such establishment, that all requirements of this subchapter have been complied with. Such document shall be maintained on the premises of the establishment and be made available, on request, to any peace officer, the Orange County sheriff's department, the Orange County fire authority or any health department, or to any employee of the establishment.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 96-92, § 9, passed 8-20-96)
§ 6-7-19 Exemptions from subchapter.
(A) Notwithstanding any provisions of this subchapter to th e contrary, no regulation or prohibition of smoking is required in the following areas:
(1) For purposes of this section, th e term bar means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term bar shall not include the restaurant dining area;
(2) Private residences, except when us ed as a child care or health care facility, and during such activity; (3) Hotel and motel rooms rented to guests;
(4) Establishments devoted to the exclusive sale of tobacco or tobacco related products; (5) While being used for private functions, rooms in eating establishments, hotel and motel conference and meeting rooms and public and private assembly rooms; (6) The dining area of any establishment where food is being served to the general public, which is not a private place of employment for purposes of this subchapter, but shall be governed by the provisions of § 6-7-12(E).; and
(7) A private enclosed office workpl ace occupied exclusively by smokers, even though such an office workplace may be visited by nonsmokers.
(B) Notwithstanding any other provision of this subchapter, any owner, operator, manager or other person who controls a business may declare that entire business as a nonsmoking establishment. (C) Any owner or manager of a business or other esta blishment subject to this subchapter may apply to the chief of police for an exemption or modification to any provision of this subchapter due to unusual circumstances or conditions, such as a showing of financial impracticability. (D) This subchapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire code or ordinances. (Ord. No. 90-11, § 4, 3-6-90; Ord. No. 96-92, § 10, 8-20-96)
§ 6-7-20 Reserved.
SUBCHAPTER 5. POSTING OF SIGNS
§ 6-7-21 Required.
Signs which designate smoking or no smoking areas established by this chapter shall be clearly, sufficiently and conspicuously posted in rooms, buildings or other places so covered by this chapter as reasonably deemed necessary by the department head, operator, manager or other person having control of such room, building or other place. Where possible, ashtrays, receptacles or other devices used for extinguishing or discarding smoking materials shall be removed from all no smoking areas. Any sign posted under this subchapter shall reference § 6-7-
1. (Ord. 90-11, § 4, passed 3-6-90)
§§ 6-7-22—6-7-26 Reserved.
SUBCHAPTER 6. VIOLATIONS AND PENALTIES
§ 6-7-27 Penalty for violation of chapter.
Any person who shall violate the provisions of this chapter shall be guilty of an infraction, and upon conviction shall be punished by a fine not to exceed $100.00 per violation, per day. (Ord. 90-11, § 4, passed 3-6-90)
§§ 6-7-28—6-7-30 Reserved.
SUBCHAPTER 7. SEVERABILITY
§ 6-7-31 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable. (Ord. 90-11, § 4, passed 3-6-90)
CHAPTER 8. FLAVORED ELECTRONIC CIGARETTE PRODUCTS
Subchapter 1. General Provisions, § 6-8-1
SUBCHAPTER 1. GENERAL PROVISIONS
§ 6-8-1 Flavored electronic cigarette products; sale prohibited.
The sale, or offering to sell, of flavored electronic cigarette products is prohibited in the city as set forth in Title 5, Chapter 3, Subchapter 15.
(Ord. 2019-199, § 4, passed 11-19-19)
Chapter 9 AMBULANCE SERVICE
Subchapter 1. General Pr ovisions, §§ 6-9-1—6-9-17
SUBCHAPTER 1. GENERAL PROVISIONS
§ 6-9-1 Intent and purpose of chapter.
It is the intent of this chapter to establish general operating procedures and standards for medical transportation services operating within the city in both emergency and other situations, to provide a fair and impartial means of allowing responsible private operators to provide such services in the public interest and to provide a means for the designation of emergency response areas. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-2 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Advanced life support service and basic life support service. The same as defined in the California Health and Safety Code.
Ambulance. A motor vehicle, helicopter or similar vehicle specifically constructed, modified, equipped or arranged and operated for the purpose of transporting patients requiring immediate or ongoing medical services, excluding the transportation of such persons to or from locations not providing services as defined in this chapter.
Ambulance service. The activity, business or service, for hire, profit or otherwise, of transporting one or more persons by ambulance; provided, however, ambulance service shall not include the transportation by ambulance by an employer of his own employees in an ambulance owned and operated by the employer solely for this purpose.
Ambulance service operator. Any person who operates or owns an ambulance service.
Attendant. A trained, qualified individual who, regardless of whether he also serves as driver, is responsible for the care of patients.
City. The City of Laguna Niguel, California.
County. The County of Orange, State of California.
Department. The emergency medical services agency of the county or the health care agency of the county, or as otherwise designated by the county board of supervisors.
Dispatcher. An individual employed by an ambulance service operator responsible for sending an ambulance to provide ambulance service to a patient.
Driver. An attendant who drives or pilots an ambulance.
Emergency. A sudden, unforeseen event giving rise to a need for ambulance service with basic or advanced life support services and is a condition in which an individual has a need for immediate medical attention, or where the potential for such need is perceived by emergency medical personnel or a public safety agency.
Emergency response area. A geographical location specified by the fire chief within which emergency service may be provided under a license.
Emergency service. Ambulance service performed in response to an emergency.
Exclusive operating area (EOA). The same as defined in the Health and Safety Code § 1797.85, and which is established pursuant to the Health and Safety Code § 1797.224.
Fire chief. The Fire Chief of the Orange County Fire Authority.
Health officer. The county health officer or other official designated by the county board of supervisors of the county to perform the health officer's functions under this chapter.
Licensee. An ambulance service operator which has been granted a license under this chapter to provide ambulance service.
Medical services. Services provided by health care professionals licensed pursuant to the California Business and Professions Code or as specified by regulations adopted pursuant to this chapter.
Paramedic. The same as defined in the California Health and Safety Code.
Patient. A wounded, injured, sick, invalid or otherwise incapacitated person.
Person. Any individual, firm, corporation, partnership, association, or other group or combination acting as a unit.
Physician. A medical doctor or osteopath holding the appropriate license or certificate to practice as such with the state pursuant to the California Business and Professions Code.
Public safety agency. Any public law enforcement agency, fire protection agency or forest ranger operating in the county.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90; Ord. 96-92, § 11, passed 8-20-96; Ord. 2004- 135, § 2, passed 6-1-04)
§ 6-9-3 License required; exceptions.
(A) It shall be unlawful for any person to be an ambulance service operator, or to act in such a capacity either directly or indirectly within the city, without possession of a license issued pursuant to this chapter. A license may specify the specific geographical area within the city in which it is valid; provided, however, with respect to EOAs, reference to the EOA by a specific number or similar identification shall be sufficient description of geographic limitation. A license shall be valid for not more than one calendar year or until the expiration of the calendar year in which it was issued, whichever is shorter. (B) The provisions of this chapter shall not apply to:
(1) Ambulances operated at the request of a public safe ty agency during any state of war emergency, state of emergency or local emergency, as defined in the California Government Code; (2) Ambulance service transporting a patient from a loca tion outside of the city, regardless of destination; and
(3) Ambulance service transporting a patient by a fixed-wing airplane. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90; Ord. 2004-135, § 3, passed 6-1-04) § 6-9-4 Transfer and term of license.
(A)(1) No license issued pursuant to this chapter may be transferred by operation of law or otherwise. (2) The following shall be considered transfers for purposes of this section:
(a) Any change in the business struct ure of a licensee, including but not limited to changes from or to:
1. A sole proprietorship;
2. A partnership, including any change in the partners; and
3. A corporation, including any change in the shareholders, whether by operation of law or otherwise.
(b) Bankruptcy, an assignment for th e benefit of creditors, or the appointment of a receiver; and (c) A sale or transfer of over 10% of the assets of a licensee. (B) A licensee may apply to the health officer for an am endment to the terms of the license, which request shall be processed in the same manner as an original application. Notwithstanding anything in this section to the contrary, licenses may be suspended, revoked or terminated prior to the expiration date, pursuant to the provisions of this chapter.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90)
§ 6-9-5 Application for license.
(A) Each application for a license under this subchapter shall be accompanied by an application fee, if any, set by the county board of supervisors, and be made upon forms prescribed by the health officer. (B) Each applicant shall submit the following:
(1) The names and addresses of the applicant and the owner of the ambulance and the business and any interest therein;
(2) The applicant's training and experience in the transportation and care of patients; (3) The names under which the applicant has engaged, do es or proposes to engage in ambulance service; (4) A description of each ambulance, including the make, model, year of manufacture, vehicle identification number and current state license number, the length of time the vehicle has been in use, and the color scheme, insignia, name, monogram and other distinguishing characteristics of the vehicle, a description of the company's program for maintenance of the vehicle, and a description of the vehicle's radio;
(5) Proof that the applicant has ob tained all licenses and permits required by state or local law or regulation for the type of ambulance service proposed, excluding only a license to provide the service for which application is made;
(6) The names and qualifications of ea ch attendant, driver or dispatcher employed, or to be employed, in providing ambulance service;
(7) Proof that the applicant possesses and maintains currently valid state highway patrol inspection reports for each vehicle listed in the application;
(8) A description of the company's training and orientation programs for attendants, drivers and dispatchers;
(9) Evidence of such financial re sponsibility and insurance coverage as may be required by the health officer pursuant to regulations adopted in accordance with this chapter; (10) Identification of the geographical area to be se rved by the applicant, if required by the department; (11) As to new applications or transfers as specified in § 6-9-4, a fingerprint receipt for each principal of the applicant, issued by the county sheriff-coroner, indicating that each principal of the applicant has undergone a complete criminal history check, followed by a report from the county sheriff-coroner showing no conviction of crimes which would be violations of the provisions of § 6-9-7(D)(2), (D)(3), (D)(4), (D)(5), (D)(6) or (D)(7);
(12) A list of all substations or of fices where equipment and personnel are or will be based, including hours of operation;
(13) A description of whether the service proposed by the applicant will include basic life support services or advanced life support service, and, if so:
(a) The number of basic life support service or advanc ed life support service units to be deployed on each shift;
(b) The emergency response area to receive basic life support service or advanced life support service; and
(c) The provisions, if any, for cont inuing education of attendants. (14) Such other information as the health officer may require in regulations adopted pursuant to this chapter.
(C) Renewal applications shall be submitted in the sa me form and require the same materials as original applications, except the requirement of § 6-9-5(B)(11). (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-6 Investigation of applicants for license.
Upon receipt of a completed application for a license under this subchapter and the required fee, if any, the health officer shall make or cause to be made such investigation as the health officer deems necessary to determine if:
(A) The applicant is a responsible an d proper person to conduct, operate or engage in the provision of ambulance services; and
(B) The applicant meets the requirem ents of this chapter and of other applicable laws, ordinances or regulations.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-7 Issuance or denial of license.
(A) The health officer shall issue a licen se under this subchapter to an applicant if the health officer, after completing any investigation required pursuant to this chapter, determines that all requirements of this chapter have been met and the license fee, if any, set by the county board of supervisors, has been paid. (B) In the event of denial, the ap plicant shall be informed in writing of the reasons therefor. (C) The licensee shall obtain and keep in force, during the term of a license, comprehensive automobile liability insurance and professional liability insurance issued by a company authorized to do business in the state, acceptable to the health officer, insuring the owner against loss by reason of injury or damage that may result to persons or property from negligent operation or defective construction of such ambulance, of from violation of this chapter or any other law of the state or the United States. The comprehensive automobile liability policy shall be in the sum of not less than $500,000.00 for combined single limit, bodily injury and property damage. The professional liability insurance shall be in the sum of not less than $1,000,000.00 per person and $1,000,000.00 annual aggregate. Workers' compensation insurance shall be carried covering all employees of the license holder. Before the health officer shall issue a license, copies of the policies, or certificates evidencing such policies, shall be filed with the health officer. All policies shall contain a provision requiring a 30-day notice to be given to the department prior to cancellation, modification or reduction in limits. The amount of comprehensive automobile insurance shall be subject to review and adjustment by the health officer pursuant to regulations adopted under this chapter. In the use of helicopters, the equivalent insurance requirements shall apply.
(D) Grounds for denial of a license application shall be:
(1) Failure to meet the requirements of any provisions of this chapter; (2) Violation by any principal of an app licant of California Penal Code § 290; (3) Habitual or excessive use of narcotics or dangerous drugs; (4) Conviction during the preceding seven years of any crime relating to the use, sale, possession or transportation of narcotics, addictives or dangerous drugs; (5) Habitual or excessive use of intoxicating beverages; (6) Conviction during the preceding se ven years of any crime punishable as a felony in the state; and (7) Conviction of any crime involving moral turpit ude, including fraud or intentional dishonesty for personal gain.
(E) In determining the effect of any cr iminal acts on the issuance or denial of a license, the health officer shall consider whether the criminal acts are related to the activities of an ambulance service and shall evaluate the rehabilitation of the persons involved. The health officer shall not consider crimes of which the applicant is, or was, accused but not convicted.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-8 Suspension or revocation of license.
(A) The health officer may suspend or revoke a license issued under this subchapter for failure by the licensee to comply and maintain compliance with, or for violation of, any applicable provisions, standards or requirements of state law or regulation, of this chapter, or of any regulations promulgated under this chapter. Suspension of a license is not a condition precedent to revocation of a license. (B) (1) Before suspension or revocati on, the health officer shall give written notice to the licensee. (2) The notice shall:
(a) Specify the reasons for which the action is to be taken; (b) Set a hearing for not more than 15 days and not less than seven days after the date of the notice; (c) Specify the date, time and place of the hearing; and (d) Be served on the licensee either by delivery to its principal place of business or to its designated agent for service of such notices, if any.
(C) If the licensee, subsequent to service of a suspension or revocation notice under this section, remedies some or all of the conditions to which the notice refers, the health officer may rescind a suspension or revocation at any time.
(D) At the hearing, the health officer has the burden of proof and may present evidence as to why such action should be taken and to answer the evidence presented by the licensee. (E) The health officer may reduce the period of time fo r hearing under a suspension or revocation notice to no less than 24 hours when the health officer makes written preliminary findings that such action is necessary to protect the public health, safety and welfare. When, as a result of such an emergency proceeding, a license is suspended or revoked, the licensee may request an additional hearing at which the licensee will have the burden of establishing renewed compliance justifying reinstatement of the license. Such additional hearing will be commenced within five days of the licensee's request. The request for and the scheduling of an additional hearing shall not stay operation of the suspension or revocation order.
(F) Hearings conducted pursuant to this section shall be conducted before a hearing officer designated by the department. At the conclusion of the hearing, the hearing officer shall expeditiously prepare a written summary of the evidence and proposed findings and conclusions for consideration by the health care agency director.
(G) The health care agency director sh all issue a written decision within 30 days after conclusion of the hearing. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-9 Appeals.
In the event of denial, suspension or revocation of a license under this subchapter, the applicant or licensee shall have the right to request a hearing before the county board of supervisors, which hearing shall be requested and conducted in the manner specified in§ 5-2-19 of the codified ordinances of the County of Orange. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90; Ord. 96-92, § 12, passed 8-20-96) § 6-9-10 Notification to health officer of change of ownership or interruption of service. (A) The licensee shall notify the health officer within 24 hours after any change in ownership or management of the licensee, or any interruption of service of more than 24 hours' duration, or any substantial change in staffing or equipment.
(B) For purposes of this section, the term substantial change shall be as defined by regulations adopted pursuant to this chapter.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-11 Personnel standards.
(A) A licensee shall only employ personnel performing tasks described in this chapter who comply with the requirements of this section.
(B) Attendants shall be at least 18 years of age and tr ained and competent in the proper use of all equipment and shall hold current EMT 1A certification in compliance with all state laws, rules and regulations.
Additionally, each attendant shall hold a license from the health officer indicating compliance with this section. Applications for such licenses shall be in a form required by the health officer and shall be accompanied by the fee, if any, established therefor. All applicants for licenses as an attendant shall be subject to the same criminal history review as required for principals of ambulance companies pursuant to this chapter no less than once every four years. Certificates may be denied, suspended or revoked in the same form and fashion as that specified for ambulance service licensees in this chapter. Licenses shall be valid for two years from the date of issuance or certification as an Emergency Medical Technician 1A, whichever is less. Renewal of a license shall be in the same fashion as issuance of a new license. (C) Each licensee shall have at le ast one dispatcher. Emergency ambulance service licensees shall have a dispatcher on a 24-hour-per-day basis and shall adequately train the dispatcher to radio operation and protocols and to the emergency response area served before the dispatcher begins dispatching emergency calls. For purposes of this section, adequate training of a dispatcher shall be that which meets state standards, if any, or county requirements.
(D) Ambulance drivers shall, in addition to the requi rements of this chapter for attendants, maintain an appropriate license issued by the California department of motor vehicles and, if applicable, the Federal Aviation Administration.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-12 Rates.
No licensee shall charge more than the maximum basic life support rates approved by the county board of supervisors. No licensee shall charge more than the maximum advanced life support rates approved by the county board of supervisors or the Orange County Fire Authority. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90; Ord. 2004-135, § 4, passed 6-1-04) § 6-9-13 Contracts for service.
(A)(1) The Orange County Fire Authority shall administer the competitive process on behalf of the local EMS agency, for the award of EOA contracts within the city. The Orange County Fire Authority shall select and shall enter into contracts with licensees for the provision of ambulance service in response to emergencies in each EOA, unless the city has provided written notification to the Orange County Fire Authority of its intention to retain licensee selection and contracting authority for itself. Such contracts shall provide for one primary contractor per EOA, with such other backup service by other emergency ambulance service providers as deemed necessary by the fire chief.
(2) In awarding these contracts, the Orange County Fire Authority, or city if it elects to retain licensee selection and contracting authority, shall consider the comparative value of competing proposals in the same fashion as would be the case were the county evaluating proposals from prospective service providers for other governmental activities, including consideration of:
(a) The quality of service to be provided;
(b) The level of service to be provided;
(c) The rates charged for services to be provided; and
(d) The cost, if any, to the awarding agency.
(B) The fire chief shall administer the contracts for ambulance service awarded by the Orange County Fire Authority, or by the city if applicable, under this section. The fire chief shall also prepare and keep current EOA lists specifying contract providers for each EOA. The fire chief shall include on the list for each EOA the provider which has entered into an ambulance service agreement with the Orange County Fire Authority, or city if applicable, as the primary contractor as well as the emergency ambulance service provider(s) who will provide backup emergency ambulance service for that area. (C) In the event no proposals acceptable to the Orange County Fire Authority, or to the city if it elects to retain licensee selection and contracting authority under the provisions of this section, are received for one or more EOAs, the Orange County Fire Authority, or the city if applicable, shall designate one or more licensees to provide emergency ambulance services for the EOA. From the date of such designation until a regular emergency ambulance service agreement is signed for the affected area(s), provision of emergency ambulance service shall be an express condition of the license, and unreasonable or unjustified refusal of such calls shall be a violation of this chapter.
(D)(1) No person shall provide ambulance service in response to, or as a result of, an emergency unless that person is a licensee specified in each instance by a physician or public safety agency. A licensee thus specified by a physician need not be a contractor selected pursuant to this section. Any ambulance service operator receiving a request for emergency ambulance service from other than a public safety agency shall immediately, by telephone, notify a public safety agency designated by regulation of the request. (2) No licensee responding to an emergency shall transport a patient, unless:
(a) A paramedic is present at the location of the patient; (b) A physician is present at the loca tion of the patient and directs transportation in the absence of a paramedic; or
(c) A safety qualified employee of the Orange County Fire Authority or an appropriate employee of a public safety agency designated by regulation directs transportation in the absence of a paramedic. (3) Unless otherwise directed by a physician present at the location of the patient, a licensee shall transport a patient pursuant to regulations adopted under § 6-9-14. (Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90; Ord. 2004-135, § 5, passed 6-1-04) § 6-9-14 Additional rules and regulations.
(A) As to all sections of this chapter except § 6-9-13, the health officer shall make such rules and regulations and as may be necessary to implement this chapter. Prior to adoption, proposed rules and regulations shall be submitted to the county emergency medical care committee for comment. (B) As to § 6-9-13, the fire chief shall make such rule s and regulations and as may be necessary to implement this chapter. Prior to adoption, the fire chief's rules and regulations shall be submitted to the county emergency medical care committee for comment.
(C) The health officer or the fire chief, or their designees , may inspect the records, facilities, transportation units, equipment and method of operation of each licensee whenever necessary and, in the case of the health officer, at least annually.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-15 Investigation of complaints.
The department or any user, subscriber, public safety agency or consumer who believes or has reason to believe that they or another party has been required to pay an excessive charge for services or has received inadequate services, or that services provided were not in compliance with the provisions of this chapter, may file a written complaint with the department setting forth such allegations. The department shall notify the ambulance service operator of such complaint. The ambulance service operator shall file a written response within 15 calendar days after receipt of notification.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90)
§ 6-9-16 Variances.
As to all but § 6-9-13, the health officer may grant variances from the terms of this chapter if he finds such action is necessary to protect the public health, safety or welfare. As to § 6-9-13, the fire chief may grant variances from the terms of this chapter if he finds such action is necessary to protect the public health, safety or welfare. As to the health officer, such variances may include the issuance of a temporary license. No variance shall exceed 180 days in duration.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) § 6-9-17 Violation of chapter.
Violation of any provision of this chapter by an ambulance service operator shall be a misdemeanor.
(Ord. 90-11, § 4, passed 3-6-90; Ord. 90-23, § 2, passed 6-19-90) Laguna Niguel, California, Code of Ordinances
TITLE 7 HIGHWAYS, RIGHTS-OF-WAY AND VEHICLES
TITLE 7
HIGHWAYS, RIGHTS-OF-WAY AND VEHICLES
Chapter 1. General Provisions
Chapter 2. Highway, Flood Cont rol and Recreational Facilities Planning
Chapter 3. Improvement, Construction and Repair of Streets Chapter 4. Traffic Ordinances
Chapter 5. Flood Control and Drainage
Chapter 1 GENERAL PROVISIONS
Subchapter 1. Appurtenant Construction, §§ 7-1-1—7-1-55 Subchapter 2. Obstructions, §§ 7-1-56—7-1-68
Subchapter 3. Signs and B illboards, §§ 7-1-69, 7-1-70 Subchapter 3.5. Advertising on Pa rked Vehicles, §§ 7-1-71—7-1-89 Subchapter 4. Newsrack Regulati ons Generally, §§ 7-1-90—7-1-109 Subchapter 5. Contents of Newsracks, §§ 7-1-110—7-1-119 Subchapter 6. Bus Passenger Shelters and Benches, §§ 7-1-120—7-1- 134
Subchapter 7. Private Streets, § 7-1-135—7-1-139
Subchapter 8. Regulation of Comm unication Facilities in the Public Rights-of-Way, § 7-1-140—7-1-142
Subchapter 9. Surety Requirements for Improvements in the Public Right of Way and/or Public Property, §§ 7-1-143 – 7-1-
146
SUBCHAPTER 1. APPURTENANT CONSTRUCTION
§ 7-1-1 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Highway. Any public highway, public street, public way or public place in the city which has been acquired by the city by purchase, dedication or condemnation proceedings.
Person. Any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, this state, any county and any city, including this city, and all departments and bureaus thereof excepting the department of public works of the city, or any other group or combination acting as a unit.
Public. The United States or any department or agency thereof, the state or any department or agency thereof, or any county, municipal corporation or public district.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-2 Permit required.
It shall be unlawful for any person to lay, construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall or storm drain or culvert in, over, along, across or through any highway without first obtaining a permit therefor from the director of public works as provided in this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-3 Reserved.
§ 7-1-4 Exemption from deposit and permit fee for public agencies. (A) If the United States, this state, any county, this or any other municipal corporation, or any school district or other public agency files with the director of public works a written guarantee of payment of all costs for which it may become liable to the city under this subchapter, then no deposit for costs shall be required from such person.
(B) No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to California Government Code § 6103.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-5 Hold harmless agreement.
On each application for a permit under this subchapter, the applicant shall sign a statement that they agrees to preserve and save harmless the city and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under any permit granted pursuant to the application. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-6—7-1-10 Reserved.
§ 7-1-11 Application for permit.
An applicant for a permit under this subchapter shall state in his application:
(A) The location, nature and extent of the work to be performed; (B) The materials to be used; and
(C) Such other information, including plans and specifications, as the director of public works may require. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-12 Authority to require changes in application.
The director of public works may require such changes in the application for a permit under this subchapter respecting the location, dimensions, and method or manner of construction, installation or repair as may
reasonably be necessary for the protection of the highway or the prevention of undue interference with traffic, or to ensure the safety of persons using the highway.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-13 Payment of fees.
An applicant for a permit to construct any work under this subchapter shall pay fees for processing, engineering and inspection as established by resolution of the city council. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-14 Refund of fees.
(A) Effective permit.
(1) The engineering and inspection costs provided for in § 7-1-13 shall be presumed to be the actual cost. (2) A refund thereof shall not be made to any applicant, unless:
(a) The inspection or engineering fee was erroneously collected, in which case the entire amount may be returned; or
(b) The driveway or culvert is not co nstructed or installed, in which event the applicant may apply for a refund of the unused fees less a charge of $1.50 for any final inspection which may be made. Where a deposit has been made, the director of public works shall deduct from the deposit the actual cost to the city of the required engineering and inspection plus the cost of overhead, not to exceed 15% of the total cost. If such cost, including overhead, is less than the deposit, the difference shall be refunded to the person making the deposit in the same manner as provided by law for the repayment of trust moneys. Nothing in this division (A)(2)(b) shall be construed as authorizing the repayment of any issuance fee.
(B) Cancelled permit. When a permit has been cancelled by the director of public works, the permittee may obtain a refund of any unused fee paid or deposited. No part of any issuance fee may be refunded. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-15 Recovery of costs in excess of deposit.
If the cost to the city as provided in § 7-1-14 exceeds the deposit, the permittee shall, upon demand by the director of public works, pay the excess to the city. If payment is not made within 15 days after such demand, the city may recover the amount in any court of competent jurisdiction. Until such amount is paid, further permits under this subchapter shall not be issued to such permittee. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-16—7-1-20 Reserved.
§ 7-1-21 Inspection of residential driveways.
(A) Inspection by a noncity governmental agency. The director of public works shall issue, without any inspection fee or deposit therefor, a permit to construct a residential driveway if the applicant for such permit pays the issuance fee and submits satisfactory evidence to the director of public works that the driveway will be
inspected by a competent governmental agency other than an agency of the city, and such governmental agency will furnish a certificate to the effect that the portion of the driveway installed in the public right-of- way was inspected and complies with minimum standards required by the city. (B) City inspection. If an applicant receives a permit pursuant to the provisions of division (A) above and the governmental agency referred to in that division (A) fails to make the inspection or fails to file the certificate there provided for within four months of the issuance of the permit, the director of public works may himself inspect the driveway, in which case the applicant shall pay to the director of public works the actual cost of such inspection.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-22 Submission of plans.
If, in the opinion of the director of public works, the work proposed to be done under this subchapter requires the making of plans or the setting of stakes, or both, the director of public works may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-23 Issuance of permit.
If the applicant complies with every provision of this subchapter and with all applicable provisions of all other ordinances and statutes, the director of public works shall issue to the applicant a written permit to perform the work set forth in the application.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-24 Time limit for commencing work; completion of work.
Every permittee under this subchapter shall commence the proposed work within 60 days after the granting of the permit and thereafter prosecute the work to completion in a diligent and workmanlike manner. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-25 Cancellation of permit.
The director of public works may cancel a permit issued under this subchapter unless the work authorized therein is commenced within 60 days of the issuance of the permit and thereafter, in the opinion of the director of public works, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the notice to the applicant by ordinary mail to the address shown on the application. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-26—7-1-30 Reserved.
§ 7-1-31 Relocation of plants and structures.
If so required by the director of public works, a permittee under this subchapter shall make proper arrangements for and bear the cost of relocating any structure, public utility, tree or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The director of public works may elect to do
the necessary relocation, in which event the permittee shall deposit with the director of public works a sum of money estimated by them to be sufficient to pay the cost thereof. After such relocation, a refund shall be paid to or a deficiency shall be paid by the permittee as provided in §§ 7-1-14 and 7-1-15. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-32 Specification of lines, grades and types of materials.
Before a permittee performs any work covered by this subchapter, he shall obtain from the director of public works the lines and grades thereof. Where the work proposed to be done consists of or includes the laying or constructing of a culvert in or upon a highway, the director of public works may specify in any permit issued therefor the size, the type of material and the grade of the culvert. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-33 Conformance with plans and city standards; waiving of inspection. (A) A permittee under this subchapter shall perform all wo rk in accordance with the plans, if plans are made, and specifications referred to in the permit, and to the satisfaction of and under the supervision of the director of public works. In addition, all work to be performed in, upon or across highways shall be in accordance with and conform to the standards established by Title 7, Chapter 2, Subchapter 2. (B) The director of public works may waive inspection if they believe such inspection is not necessary for the best interests of the city.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-34 Setting of additional stakes.
If any stakes set for any work covered by this subchapter are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall deposit a sum estimated by the director of public works to be sufficient to pay the cost of setting such additional stakes. The director of public works shall set the additional stakes. After such setting, a refund shall be paid to or a deficiency shall be paid by the permittee as provided in §§ 7-1-14 and 7-1-15.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-35 Notification of director of public works prior to commencement of work.
Not less than 18 hours before the commencement of any work covered by this subchapter, the permittee shall apply in writing to the director of public works for an inspector therefor. In such application, they shall specify the day and hour when, and the location at which, the work will be commenced. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-36—7-1-40 Reserved.
§ 7-1-41 Safety and warning devices.
A permittee under this subchapter shall place and maintain adequate warning signs, lights and devices conforming to the uniform sign chart of the California division of highways and the city’s manual of warning signs,
lights and devices, throughout the length of the work and at each end of the project, until the work is completed to the satisfaction of the director of public works. The permittee shall take such other precautions as may be necessary for the protection of the traveling public. The director of public works may, as a condition of the issuance of a permit, specify additional signs or warning devices or measures to be used by the permittee, but the failure of the director of public works to so specify the signs, devices or measures shall not relieve the permittee of his obligation under this section.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-42 Notification of director of public works on completion of work.
Whenever any permittee under this subchapter has completed any work for which a permit has been granted, they shall so notify the director of public works in writing. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-43 Certificate of acceptance.
If the director of public works, by survey or by inspection or by both, ascertains that the work covered by this subchapter has been completed according to the requirements of the permit issued therefor and of all of the provisions of this subchapter, they shall issue, if requested so to do by the permittee, a certificate of acceptance, which shall contain a statement of the location, nature and extent of the work performed under the permit. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-44 Removal of material and debris.
A permittee under this subchapter shall remove all material and debris:
(A) Where new work is covered with earth, in accordance with the terms of the specifications attached to the permit; and
(B) In all other cases, within three days.
(Ord. 90-11, § 6, passed 3-6-90)
7-1-45 Violation of terms of permit.
Every person who performs any work covered by this subchapter in any amount greater than or in any way different from or contrary to the terms of any permit issued therefor is guilty of a misdemeanor. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-46—7-1-55 Reserved.
SUBCHAPTER 2. OBSTRUCTIONS
§ 7-1-56 Deposit of clay or mud on street.
(A) Creation of hazard. It shall be unlawful for any person to place, track or otherwise deposit clay or mud debris of any sort in any manner on the paved or traveled surface of any city road or public highway or street, which creates a hazard to traffic thereon.
(B) Removal. The director of public works has the right to remove the clay or mud debris, and thereupon submit a statement of the cost of such removal to such person or their employer, employee or agent, and such person, employer, employee or agent shall pay such cost to the city. (C) Action to recover cost. The city may bring an action against such person or their employer, employee or agent to recover the cost of such removal by the director of public works and for costs of the suit. (D) Injunction. The city may bring an action to enjoin any continued such placing, tracking or otherwise depositing by such a person or their employer, employee or agent, and for costs of the suit. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-57 Deposit of oil or petroleum products on street.
It shall be unlawful for any person to place, put, turn or deposit into or upon any public highway, street or alley within the city any oil or liquid of petroleum content, or to permit any such oil or liquid of petroleum content to escape from any property owned or controlled by such person so as to flow into or upon any such public highway, street or alley.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-58 Permitting water to run over street.
It shall be and is hereby declared unlawful for any person to run or to allow to run upon any highway or street or right-of-way thereof any irrigation, waste or other water, provided that such water may be allowed to run upon or in any drain ditch along the side of such highway or street or right-of-way thereof if the water does not fill or overflow such ditch or run upon or percolate under the base of the paved or traveled portion of such highway or street.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-59—7-1-68 Reserved.
SUBCHAPTER 3. SIGNS AND BILLBOARDS
§ 7-1-69 Permit required for signs encroaching on right-of-way; minimum standards. (A) No person shall erect, construct, place or maintain any signboard, billboard, sign or advertisement in, over or on any public highway or street of the city unless a permit to do so has been obtained in writing from the director of public works, on such conditions as the director of public works may determine to ensure the safety of persons traveling upon such highway or street, on the following minimum standards. (1) Single-faced signs. Single-faced signs placed flat against and supported by a building shall not extend over the right-of-way if less than eight feet above the right-of-way grade; at a height of eight feet or more, such a sign shall not overhang the right-of-way more than 12 inches.
(2) Double-faced signs. Double-faced signs supported by a building shall not extend further over the right- of-way than allowed under the following ratio:
For an overhang up to: The sign must be above the right-of-way:
6 inches 7 feet
12 inches 8 feet
24 inches 10 feet
36 inches 12 feet
48 inches 14 feet
60 inches 16 feet
(3) Extension limit. In no event shall any sign extend further than the face of any curb in front of any building.
(B) The permit described in this section is not in lieu of a building permit or any other permit required by any other applicable law.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-70 Reserved.
SUBCHAPTER 3.1. ADVERTISING ON PARKED VEHICLES1
§ 7-1-71 Purpose of subchapter.
The purpose of this subchapter regulating the use of parked vehicles for the primary purpose of advertising is to promote traffic safety, to maximize the availability of city, county and state highway parking for use by the general public and to promote the aesthetic appearance of city, county and state streets and highways and adjacent properties.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 90-28, § 1, passed 9-18-90)
§ 7-1-72 Definitions.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. Unless the context otherwise requires or a different definition is specified, all terms used in this subchapter shall have the meaning set forth in the California Vehicle Code.
Advertising signs. includes but is not limited to, any kind of display, printing, writing or banner for the primary purpose of advertising the sale, purchase or promotion of a product, business or service. (Ord. 90-11, § 6, passed 3-6-90; Ord. 90-28, § 1, passed 9-18-90)
§ 7-1-73 Prohibited acts.
No person shall park any vehicle on a public or private street, a parking lot or any public property or off- street parking facility with any advertising sign painted on, affixed to or resting on the vehicle. (Ord. 90-11, § 6, passed 3-6-90; Ord. 90-28, § 1, passed 9-18-90) § 7-1-74 Exemptions from subchapter.
The following shall be exempted from this subchapter:
(A) Vehicles displaying signs , decals or other inscriptions mandated or expressly authorized by statute or city ordinances, but only to the extent such signs, decals or other inscriptions are expressly authorized or mandated;
(B) Signs permanently affixed to commercial vehicles while engaged in the ordinary business for which they are registered or maintained; provided, however, that a commercial vehicle parked in the same space for more than four hours shall be presumed not engaged in its ordinary business; (C) Taxicabs while engaged in the ordinary course of business; (D) Vehicles owned by public agencies;
(E) Vehicles operated by entities subject to the ju risdiction of the California public utilities commission; and
(F) Vehicles parked within 300 feet of the resid ence of the registered owner of the vehicle. (Ord. 90-11, § 6, passed 3-6-90; Ord. 90-28, § 1, passed 9-18-90)
§ 7-1-75 Violation of subchapter.
(A) Any person violating this subchapter shall be guilty of an infraction. (B) Any person violating this subchapter more than one time in a 12-month period shall be guilty of a misdemeanor for the second and subsequent violations.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 90-28, § 1, passed 9-18-90) §§ 7-1-76—7-1-89 Reserved.
SUBCHAPTER 4. NEWSRACK REGULATIONS GENERALLY
§ 7-1-90 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Newsrack. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or news periodicals.
Parkway. The area between the sidewalks and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and the property line adjacent thereto. The term "parkway" also includes any area within a roadway which is not open to vehicular travel.
Roadway. The portion of a street improved, designed or ordinarily used for vehicular travel.
Sidewalk. Any surface provided for the exclusive use of pedestrians.
Street. All that area dedicated to public use for public street purposes, and includes but is not limited to roadways, parkways, alleys and sidewalks.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-91 Encroachment on roadway, sidewalk or parkway.
(A) No person shall install, use or ma intain any newsrack or other structure which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street.
(B) No person shall install, use or ma intain any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-92 Installation standards; advertising; maintenance.
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:
(A) No newsrack shall exceed five feet in height, 30 inches in width or two feet in thickness. (B) Newsracks shall only be placed near a curb or adja cent to the wall of a building. Newsracks placed near the curb shall be placed no less than 18 inches and no more than 24 inches from the edge of the curb.
Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack.
(C) No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack, or to any permanently fixed object.
(D) Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.
(E) No newsrack or group of a ttached newsracks allowed under division (D) above shall weigh, in aggregate, in excess of 125 pounds when empty.
(F) Notwithstanding the provisions of § 7-1-91(B), no newsrack shall be placed, installed, used or maintained:
(1) Within three feet of any marked crosswalk;
(2) Within 15 feet of the curb re turn of any unmarked crosswalk; (3) Within three feet of any fire hydrant, fire call box, police call box or other emergency facility; (4) Within three feet of any driveway;
(5) Within three feet ahead of and 15 feet to the rear of any sign marking a designated bus stop; (6) Within three feet of any bus bench;
(7) At any location whereby the clear space for the passage of pedestrians is reduced to less than six feet; and
(8) Within three feet of any area improved with lawn , flowers, shrubs or trees, or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes. (G) No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein. (H) Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-93 Identification.
Within 30 days after this subchapter becomes effective, every person who places or maintains a newsrack on the streets of the city shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-94 Removal.
(A) Any newsrack installed, used or maintained in violation of the provisions of this subchapter may be summarily removed and stored in any convenient place by the chief of police. The chief of police shall, prior to removal, take reasonable steps to notify the owner thereof. Upon failure of the owner, following notice, to claim such newsrack and pay the expenses of removal and storage within 30 days after such removal, such newsrack shall be deemed to be unclaimed property in possession of the police department and may be disposed of pursuant to law.
(B) In the case of violations of this subchapter relative to restrictions upon attachment of newsracks to property other than that owned by the owner of the newsrack, to fixed objects or to each other, and upon location of newsracks, the chief of police may, as an alternative to removal under division (A) above, remove such attachment or move such racks in order to restore them to a legal condition. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-95 Abandonment.
If any newsrack installed pursuant to this subchapter is not serviced with the publication it is designed to disseminate for a period of over seven days, the city reserves the right to remove the newsrack pursuant to the procedure set out in § 7-1-94. For purposes of this section, abandonment shall include but is not limited to circumstances where no publication is in the rack for a period of over seven days.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-96—7-1-109 Reserved.
SUBCHAPTER 5. CONTENTS OF NEWSRACKS
§ 7-1-110 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Newsrack. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or news periodicals.
Parkway. The area between the sidewalk and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and the property line adjacent thereto. The term parkway also includes any area within a roadway which is not open to vehicular travel.
Roadway. The portion of a street improved, designed or ordinarily used for vehicular travel.
Sidewalk. Any surface provided for the exclusive use of pedestrians.
Street. All that area dedicated to public use for public street purposes, and includes but is not limited to roadways, parkways, alleys and sidewalks.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-111 Prohibited displays.
No person shall sell, offer for sale or keep or maintain any newspaper or news periodical in any newsrack on any sidewalk in such manner as to expose to the public view any photograph, cartoon or drawing contained within such publication displaying any of the following:
(A) The genitals, pubic hair, buttocks, natal cleft, perine um, anal region or pubic hair region of any person other than a child under the age of puberty; or
(B) Any portion of the breast, at or below the areola thereof, of any female person, other than a child under the age of puberty.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-112—7-1-119 Reserved.
SUBCHAPTER 6. BUS PASSENGER SHELTERS AND BENCHES
§ 7-1-120 Bus shelters and benches prohibited.
(A) No person shall erect, place, construct or maintain a bus shelter or a bus bench on any highway in the city.
No encroachment permit, or similar type of permit, shall be issued which allows the erection, placement, construction, or maintenance of any bus shelter or bus bench on any highway in the city. (B) Notwithstanding anything in this subchapter to the contrary, the city may erect, place, construct, and maintain on any highway in the city bus shelters or bus benches which do not have commercial advertising. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-121 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates requires a different meaning.
Bus bench or bench. A seat located upon a highway for the comfort, convenience and accommodation of passersby or persons awaiting transportation.
Bus shelter or shelter. A covered waiting area located upon a highway, often semi-enclosed, with a bench, that provides protection from sun, wind and rain for passersby or persons awaiting transportation.
Director. The director of public works, and includes those employees of the public works department authorized to act for the director.
Encroachment permit or permit. Prescribed written approval for placement of shelters and benches on a highway. Master permit is an annual permit form used for setting forth all requirements and conditions for approval. Permit rider is that form used for approval of each shelter or bench location subject to conditions of master permit.
Highway. All or any part of the entire width of right-of-way of any highway located in the city, whether or not such entire area is actually used for highway purposes. (The term Highway as used in this definition is more specifically defined in § 7-1-1 of this Code.) Person. includes, but is not limited to, individuals, partnerships, corporations and associations. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-122 Bus shelters and bus benches allowed pursuant to agreement. (A) Notwithstanding anything in this subchapter to th e contrary, bus shelters, including bus shelters with advertising, and bus benches may be erected, placed, constructed, and maintained on any highway in the city when said bus shelters or bus benches have been erected, placed, constructed, or maintained pursuant to a written agreement between the owner of said bus shelters and bus benches and the city. (B) Any such agreement shall include, but not be limited to, the following: the authorized number of bus shelters and bus benches, the location of bus shelters, fees to be paid to city by the owner for the bus shelters, the design of bus shelters and bus benches, maintenance of bus shelters and benches, allowance of advertising on bus shelters, relocation or removal of bus shelters, surety and liability insurance requirement for the bus shelters.
(Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-123 Applicability of subchapter.
The provisions of this subchapter are applicable to all areas included in the City, including all of the areas that are subject to regulations in planned community or specific plan texts; and to the extent that there are any conflicts between the regulations contained in any planned community or specific plan texts and the provisions of this subchapter, the provisions of this subchapter shall supersede the provisions in the planned community or specific plan text.
(Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-124 Location, type, numbers and priorities for placement of shelters and benches. (A) Shelters and/or benches shall be located only at appr oved public transportation stops, including school bus stops.
(B) Shelters and/or benches shall be in stalled only at locations where a curb separates the travelway from the sidewalk or parkway. Shelters and/or benches shall be set back from the face of curb a distance not less than 18 inches and such that an unobstructed minimum pedestrian travelway of four feet will be provided. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-125 Restrictions on bus shelter advertising.
When bus shelters with advertising are allowed by the provisions of this subchapter, such shelters shall only be used for advertising material and public service announcements. There shall be no advertising which promotes or illustrates a tobacco product or alcoholic beverage product. There shall be no advertising which depicts any act of immoral, violent, or debasing nature. There shall be no advertising that uses words, phrases, symbols, or characters that resemble traffic signals, such as the words "Stop," "Drive-In" or "Danger," or any other word, phrase, symbol, or character which might interfere with, mislead, or direct vehicular traffic. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-126 Fees for location of shelters and benches on public right-of-way. (A)(1) The owner or person responsible for the erection, placement, construction and maintenance of any bus shelter or bench that is erected, placed, constructed, or maintained on any highway in the city shall pay fees for each such bus shelter or bus bench.
(2) The amount of said fees shall be established by either or both of the following:
(a) By a written agreement between the owner and the city pursuant to § 7-1-120; and (b) By the adoption of a fee schedule by the city council. (B) As to bus shelters or bus benches that were erecte d, placed, constructed and/or maintained prior to the amendment of this subchapter in August 1993, the owner or person responsible for the erection, placement, construction and maintenance of any such bus shelter and/or bus bench shall be responsible for paying fees for each bus shelter or bus bench for the time that said shelter or bench was located on city highways, and that obligation to pay fees shall remain in existence even after the shelter or bench is removed. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-127 Removal and impounding of shelters and benches.
Upon the expiration or revocation of any permit rider, the permittee shall forthwith remove such shelter or bench from the highway. The director may give the permittee ten days' notice to remove the shelter or bench and upon his failure to do so may remove and store the shelter or bench pending recovery thereof by the permittee, or its sale, destruction or other disposition, as hereinafter provided. The director shall store the shelter or bench for at least 30 days after its removal during which time the permittee may recover the shelter or bench by paying the city for the cost of such removal and storage. Said costs shall not exceed $300.00 a month per shelter and $100.00 a month per bench for removal and storage. At the expiration of said 30-day period, the director shall salvage such structure for public use on public property, or they may have it destroyed. All of the foregoing shall be at the sole risk of the permittee and shall be in addition to any other remedy which the city may have by law. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-1282 Interference with shelters and benches.
(A) It shall be unlawful for any person, with the exception of an authorized city official, or the permittee or their agent, to tamper with or move any shelter and/or bench lawfully placed upon a highway pursuant to the provisions of this subchapter.
(B) It shall be unlawful for any person to injure, deface or commit acts of vandalism upon any shelter and/or bench lawfully placed upon a highway, pursuant to the provisions of this subchapter. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-1293 Enforcement.
The director shall enforce the provisions of this subchapter. (Ord. 93-67, § 2, passed 9-7-93)
§§ 7-1-124—7-1-134 Reserved.
SUBCHAPTER 7. PRIVATE STREETS
§ 7-1-135 Procedure for naming or change of name.
Whenever the city council finds that a name should be adopted or that the existing name of any private street should be changed, the city council shall hold a public hearing on the proposed name for or the change of name of such street. Notice of such hearing shall be given by posting notice in at least three public places along the street proposed to be affected, with such posting to be complete at least ten days before the day set for the hearing. At the time set for the hearing or at any time to which the hearing may be continued, the city council shall hear and consider proposals to adopt a name for or change the name of the street mentioned in the notice and objections to such proposal. At or after the conclusion of the hearing, the city council may adopt a name for or change the name of such street, and upon the adoption or change thereof shall make an order and file the order with the city council officially designating the name for such street. Thereafter such street shall be known by the name so designated.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-36—7-1-39 Reserved.
SUBCHAPTER 8. REGULATION OF COMMUNICATION FACILITIES IN THE PUBLIC
RIGHTS-OF-WAY
§ 7-1-140 Compliance with the city policy regarding permitting requirements and development standards for communication facilities within the public rights-of-way.
Notwithstanding any provision of the Code to the contrary , all communication facilities that qualify as "small wireless facilities " under 47 C.F.R. § 1.6002(1) , as may be amended or superseded , that are proposed to be located within the city, including any public rights of way , are subject to the requirements of the "Policy Regarding Permitting Requirements and Development Standards for Communication Facilities Within the Public Rights-Of- Way", as adopted by city council resolution and amended from time to time, and all such communication facilities must comply with that policy.
(Ord. 2022-218, § 2, passed 8-2-22)
§ 7-1-141 Violations.
Failure to comply with the policy regarding permitting requirements and development standards for communication facilities within the public rights-of-way constitutes a violation of this subchapter and this Code.
Any violation shall be and hereby is declared a public nuisance and may be subject to summary abatement and citations as set forth the Code, remedies provided under the California Code of Civil Procedure § 731; the California Government Code § 38773; and/or any other remedy available to the city. (Ord. 2022-218, § 2, passed 8-2-22)
§ 7-1-142 Conflicting provisions superseded.
The provisions of this subchapter shall govern and supersede any conflicting provisions of this Code with respect to the permitting and regulation of such communication facilities within the city, including communication facilities in the public rights-of-way.
(Ord. 2022-218, § 2, passed 8-2-22)
SUBCHAPTER 9. SURETY REQUIREMENTS FOR IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY
AND/OR PUBLIC PROPERTY
§ 7-1-143 Surety.
Any improvement within a public right-of-way or public property is subject to a surety requirement to guarantee the performance as well as the labor and material cost of the improvement(s) if the City Engineer determines that the total cost of the project, including labor and materials, exceeds $25,000.00 in value, or where the City Engineer determines that the proposed work poses a hazard to public safety, adjoining property or city infrastructure if left incomplete. The amount of the surety shall be 100% of the total estimated cost of performance and an additional 100% of the total estimated cost of labor, materials and equipment. The surety may be in the form of a cash deposit, letter of credit, bond or other security acceptable to the City Engineer and City Attorney as outlined below:
(A) A bond or bonds by one or more duly authorized corporate sureties in the form prescribed by the Subdivision Map Act (California Government Code § 66410 et seq.);
(B) A deposit, either with the city or a responsible escrow agent or trust company selected by the city, of cash or negotiable bonds of the kind approved for securing deposits of its public monies;
(C) An irrevocable instrument of credit or letter of credit from an agency of the state, federal or local government when any agency of the state, federal or local government provides at least 20% of the financing for the portion of the act or agreement requiring security, or from one or more responsible financial institutions regulated by federal or state government and pledging that the funds are on deposit and guaranteed for payment on demand by the city;
(D) A lien upon the property to be subdivided, created by contract between the owner of the property and the city in a form approved by the City Attorney, when the city finds that it is not in the public interest to require installation of the required improvement sooner than two years after the recordation of the map; and
(E) Any other form of security, including security interests in real property, which the Public Works Director shall determine to be acceptable.
(F) This section shall not apply to the holder of any valid and enforceable franchise to use the public right-of-way or highway.
§ 7-1-144 Warranty.
Upon completion and acceptance of work in the public right-of-way or public property, the applicant shall provide a warranty to extend one year from the date of acceptance. Said warranty shall be no less than 25% of the initial surety and shall cover defects in materials, workmanship and performance and be in the form of the initial surety or other form as approved by the City Attorney and City Engineer. This section shall not apply to the holder of any valid and enforceable franchise to use the public right-of-way or highway.
§ 7-1-145 Surety Agreement.
Any applicant performing work or installing improvements within the public right-of-way or public property that is subject to a surety shall enter into a surety agreement in a form approved by the City Attorney to guarantee faithful performance of the work. The agreement shall outline the terms and conditions of the surety as well as specifics regarding the warranty period. This section shall not apply to the holder of any valid and enforceable franchise to use the public right-of-way or highway.
§ 7-1-146 Encroachment and/or License Agreement.
At the discretion of the City Engineer, applicants performing work or installing improvements within the public right-of-way or public property shall enter into and record and encroachment or license agreement in a form approved by the City Attorney prior to commencing the work. At a minimum, the agreement shall include indemnification of the city and long-term maintenance responsibilities for the improvements.
Chapter 2 HIGHWAY, FLOOD CONTROL AND RECREATIONAL FACILITIES
PLANNING
Subchapter 1. City Roads, §§ 7-2-1—7-2-11
Subchapter 2. Standard Plans and Specifications, §§ 7-2-12—7-2-14
SUBCHAPTER 1. CITY ROADS
§ 7-2-1 City roads defined.
All public roads and highways within the city which have been acquired by the city either by purchase, dedication or condemnation proceedings are hereby declared to be city roads, and all roads and highways that shall hereafter be acquired by either purchase, dedication or condemnation proceedings shall be and remain city roads.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-2-2—7-2-11 Reserved.
SUBCHAPTER 2. STANDARD PLANS AND SPECIFICATIONS
§ 7-2-12 Adoption of plans and specifications.
(A)(1) The documents listed in this section, specific versions of which are adopted by resolution of the city council, except such portions that are deleted, modified or amended by such resolution, are hereby adopted as the standard plans and specifications for the construction, improvement and repair of highways, streets, bridges and flood control and recreational facilities.
(2) At least one copy of these documents shall be on file in the office of the city clerk for examination:
(a) Standard Specifications for Public Works Construction, the most recent edition, published by Building News, Inc;
(b) The following portions of Standard Specifications, Department of Transportation, State of California, the most recent edition:
1. Signals and lighting;
2. Pavement markers; and
3. Bridges.
(c) The portion of Standard Plans, Department of Transportation, State of California, the most recent edition, covering signs, signals and lighting, and that portion covering bridges; (d) California Manual of Uniform Traffic Control Devices, Department of Transportation, State of California, the most recent edition; and
(e) City of Laguna Niguel Traffic Manual.
(e) Orange County Public Works Standard Plans, the most recent edition. (B) The specific sections of the docume nts listed in this section that are included or excluded shall be specified in the resolution.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 2020-204, § 5, passed 3-3-20) § 7-2-13 Establishment of plans and specifications by community development department.
Standard plans for the construction, improvement and maintenance of highways, streets, bridges, flood control, landscaping, grading, small drainage structures and irrigation and recreational facilities and for the protection, supervision, management, control or use of such facilities shall, from time to time, be submitted by the director of community development and shall, upon approval and adoption by resolution, be enforced by them, and complied with and adhered to, except as provided by § 7-2-14, by developers, builders, contractors, subcontractors, agents and all others engaged in such construction, improvement or maintenance. Copies of the standard plans shall be available for inspection at the office of the director of community development. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-2-14 Deviation from standard plans and specifications.
In any case where strict adherence to the community development department standard plans and specifications enumerated in § 7-2-13 would be impractical or unreasonable, the director of community development, or their designee may grant such modification or deviation therefrom as will, in accord with good engineering practice and the public health and safety, conform to a plan that will, under the circumstances in such case, be practical and reasonable.
(Ord. 90-11, § 6, passed 3-6-90)
Chapter 3 IMPROVEMENT, CONSTRUCTION AND REPAIR OF STREETS Subchapter 1. General Pr ovisions, §§ 7-3-1—7-3-15
Subchapter 2. Reserved, §§ 7-3-16—7-3-26
Subchapter 3. Excavation, Filling a nd Obstruction of Highways, §§ 7- 3-27—7-3-90
Subchapter 4. Protection During Construction, §§ 7-3-91, 7-3-92
SUBCHAPTER 1. GENERAL PROVISIONS
§§ 7-3-1—7-3-15 Reserved.
SUBCHAPTER 2. RESERVED
§§ 7-3-16—7-3-26 Reserved.
SUBCHAPTER 3. EXCAVATION, FILLING AND OBSTRUCTION OF HIGHWAYS § 7-3-27 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Highway. Any public highway, public street, public way or public place in the city which has been acquired by the city by purchase, dedication or condemnation proceedings.
Person. Any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, this state, any county and any city, including this city, and all departments and bureaus thereof except the department of public works of the city, or any other group or combination acting as a unit.
Public agency. The United States or any department or agency thereof; the state or any department or agency thereof; or any county, municipal corporation or public district. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-28 Permit required.
A person who digs up, plows up, removes or breaks the earth, soil, stone, pavement or other surface of or otherwise injures any highway or makes or causes to be made any excavation, or constructs, places upon, maintains or leaves any material or any obstruction or impediment to travel in or upon a highway or installs or maintains or causes to be installed or maintained any tank, pipe, conduit, duct, tunnel or any other installation of any nature across, upon, in or under any highway, unless they shall have first obtained a permit so to do, shall be guilty of a misdemeanor.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-29 Time of filing of application for permit.
Applications for permits under this subchapter shall be filed not less than 48 hours before the work is proposed to be done.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-30 Form and contents of application for permit.
(A) Applications for permits required by this subchapter shall be filed with the director of public works upon printed forms to be prescribed and supplied by them.
(B) The application shall be signed by the applicant and shall state:
(1) The name and address of the applicant;
(2) The location, purpose, extent and nature of the proposed excavation, fill or obstruction; (3) The time during which it is estimated that the excavation, fill or obstruction will exist; (4) That the applicant agrees to indemnify, defend an d save the city and its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities or annoyances or loss resulting from claims or court action and arising out of any accident, loss or damage
to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application;
(5) That the applicant agrees that, if any tank, pipe, conduit, duct, tunnel or other installation of any nature or kind placed in the excavation, fill or obstruction for which the permit is issued shall at any time in the future interfere with the use, repair, improvement, widening or change of grade of the highway, the applicant or their successors or assigns, within ten days after the receipt of a written notice from the director of public works to do so, will at their own expense either remove such tank, pipe, conduit, duct, tunnel or other installation, or, subject to the approval of the director of public works, relocate it to a site which may be designated by the director of public works; and (6) Any additional information which the director of public works may deem necessary for the proper disposition of the application.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-31 Submission of plat.
The application for a permit under this subchapter shall be accompanied by a plat showing the location, dimension and nature of the proposed excavation, obstruction or fill, and any other details which the director of public works may require.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-3-32—7-3-35 Reserved.
§ 7-3-36 Street Moratoriums.
(A) Excavation moratorium for the preservation of newly constructed, reconstructed, resurfaced, surface sealed streets or any treatment that adds to the structural capacity or life of the pavement.
(B) Street cuts, grinding or opening of a public street that has been newly paved, improved, treated or resurfaced for a period identified by the City Engineer may only be permitted upon a determination by the City Engineer that such work is necessary. If a street designated by the City Engineer is cut for any reasons, the required asphalt repairs shall be completed in accordance with the standards specified by the City Engineer, or their designee. In most cases, the street will need to be entirely resurfaced with a minimum of two-inch overlay from curb-to-curb and may also include extending the resurfaced area parallel to the street as deemed necessary by the City Engineer based on the scope and location of the work.
(C) The City Engineer may, in their discretion, require repair and/or resurfacing activities, allow for an in-lieu payment to cover repair or resurfacing work or adjust resurfacing and/or repair requirements if deemed necessary to protect public safety, maintain street integrity or ensure compliance with applicable standards. The City Engineer, or their designee(s), may impose additional conditions on a permit as necessary to safeguard public safety, ensure compliance with applicable standards or protect city infrastructure.
(D) This section shall not apply to holder of any valid and enforceable franchise to use the public right-of-way or highway
§ 7-3-37 Submission of proof of right to use highway.
If the applicant for a permit under this subchapter is other than the owner of the underlying fee, each such applicant for a permit shall submit to the director of public works satisfactory proof of the applicant's right to use the highway for the purposes set forth in the application. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-38 Authority to require changes in application.
The director of public works may require such changes in the application for a permit under this subchapter respecting the location, dimensions, character or number of the proposed excavations, fills or obstructions as in their opinion may be necessary for the protection of the highway or the prevention of undue interference with traffic, or to ensure the safety of persons using the highway. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-39 Right of city to do resurfacing.
The director of public works may, either at the time of the issuance of a permit or at any time thereafter, elect to do the resurfacing or repair of any highway surface removed or damaged by the proposed excavation or obstruction pursuant to a permit issued under this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-40 Reserved.
§ 7-3-41 Fees.
An applicant for a permit for improvement, construction and repair under this subchapter shall pay fees for processing, engineering and inspection as established by resolution of the city council. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-3-42—7-3-46 Reserved.
§ 7-3-47 Deposit or surety bond for costs of resurfacing. (A) Unless the director of public works shall have authorized the applicant to perform the resurfacing or repair of the surface of any highway which may be removed in part or damaged by the proposed excavation, fill or obstruction, each applicant for a permit under this subchapter shall, in addition to the issuance fee, deposit with the director of public works the estimated cost of resurfacing or repairing the surface of the highway which may be damaged or destroyed. The special deposit required under this section shall in no event be less than $30.00. The estimated cost shall be determined by the director of public works by multiplying the number of square feet of surface which may be damaged, as shown by the application, by the sum of $0.60 per square foot of surfacing. The city council may from time to time change and revise the method of determining the estimated cost. The minimum cost of restoration or repair shall be presumed to be not less than $2.00. based on the total projected costs of providing the resurfacing or repair services. The City Council may from time to time change and revise the methods of determining the estimated cost.
(B) In cases where the applicant is gr anted authority to make the repairs required under this subchapter, the director of public works may, in order to ensure the completion of the repairs in a satisfactory manner, require the applicant to furnish a surety bond. Such bond shall be executed by a surety company authorized to transact business in the state and shall be in an amount equal to twice the estimated cost of performing the work authorized; provided, however, that the minimum amount of the bond shall not be less than $1,000.00, and the minimum period shall not be less than one year. The condition of the bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this subchapter in a good and workmanlike manner and to the satisfaction of the director of public works. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-48 General deposit.
In lieu of making the special deposit required by § 7-3-47, the applicant for a permit under this subchapter may make and maintain with the director of public works a general deposit in an amount estimated by the director of public works to be sufficient to pay for the cost of permit issuance fees, inspection fees and expected repairs occasioned by future excavations or obstructions, but not to exceed $500.00. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-49 Computation of costs.
Whenever in this subchapter any costs are to be charged to any permittee and no other method for the calculation thereof is specified, such cost shall be the actual cost, including the proportionate part of the salaries, wages or other compensation of any deputy or employee, plus the cost of overhead. not to exceed 15 percent of the total cost.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-50 Exemption from deposit and fee for public agencies.
If the United States, this state, any county, this or any other municipal corporation, or any school district or other public body files with the director of public works a written guarantee of payment of all costs for which it may become liable to the city under this subchapter, then no deposit for costs shall be required from such person.
No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to the California Government Code § 6103.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-51 Issuance of permit.
If the applicant for a permit under this subchapter complies in all respects with this subchapter and with all other applicable laws, rules, regulations or ordinances of the city or of any other public agency, and pays the fees and deposits required by this subchapter, the director of public works shall approve the application and issue the permit.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-3-52—7-3-56 Reserved.
§ 7-3-57 Conditions of permit.
The permit issued under this subchapter shall be subject to the following conditions, which shall be stated thereon.
(A) The permit must be kept at the site of the work and be shown on demand to any authorized representative of the city or any law enforcement officer. (B) The permit shall authorize work to be performed only as to such portion of the highway over which the city has jurisdiction.
(C) All work shall be performed in accordance with the provisions of this subchapter and of all applicable laws, rules and regulations of the city and any other public agency and to the satisfaction of the director of public works.
(D) The permit shall be nontransferable.
(E) The director of public works may cancel the pe rmit unless the work authorized therein is commenced within 60 days of the issuance of the permit and thereafter, in the opinion of the director of public works, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the notice to the applicant by ordinary mail to the address shown on the application.
(F) The director of public works ma y, either at the time of the issuance of the permit or at any time thereafter until the completion of the work, prescribe such additional conditions as he may deem reasonably necessary for the protection of the highway or for the prevention of undue interference with traffic, or to ensure the safety of persons using the highway. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-58 Compliance with terms of permit.
A permittee under this subchapter shall not make or cause to be made any excavation, or construct, place upon, maintain or leave any obstruction or impediment to travel, or pile or place any material in or upon any highway, or install or maintain or cause to be installed or maintained any tank, pipe, conduit, duct or tunnel in, upon or under the surface of any highway, at any location or in any manner other than that described in the application as approved by the director of public works, or contrary to the terms of the permit or of any provision of this subchapter.
(Ord. No. 90-11, § 6, 3-6-90)
§ 7-3-59 Filling of excavation or removal of obstruction on completion or work. (A) Immediately upon completion of the work necessitat ing the excavation or obstruction authorized by any permit issued pursuant to this subchapter, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction to the satisfaction of the director of public works. (B) If any permittee fails or refuses to refill any excava tion which they have made or remove any obstruction which they have placed on any highway, the director of public works may do so, and the applicant shall promptly reimburse the city the cost thereof.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-60 Resurfacing specifications.
(A) Resurfacing after refilling and compacting. After completion of the refilling and compacting of the backfill material in the excavation as specified in § 7-3-70 and the removal of the obstruction, the permittee shall promptly replace, with temporary or permanent patching material, or repair any portion of the highway surface removed or damaged by the excavation, obstruction or construction operations, as specified in this subchapter, to the satisfaction of the director of public works, or the director of public works may at his option elect to do the surfacing or repairing himself.
(B) Permanent repaving. Where the pavement, except Portland cement concrete pavement, or surface has been removed, the permittee shall replace it with a standard repair consisting of either five inches of plant-mixed surfacing or three inches of plant-mixed surfacing over six inches of untreated rock base, except that the standard repair shall not be less in total thickness than the adjacent pavement or surfacing and except that road-mixed surfacing may be repaired with three inches of plant-mixed surfacing in lieu of the standard repair. Plant-mixed surfacing shall consist of mineral aggregate and liquid asphalt grade SC-6, or grade 200- 300 penetration paving asphalt. If Portland cement concrete pavement is removed, it shall first be sawed at the neat lines of the excavation and subsequently replaced with Portland cement concrete. (C) Tunneling or boring. Excavation of pavement or surfacing on an arterial highway, as shown on the master plan of highways and determined by the director of public works as having been improved with plant-mixed surfacing or Portland cement concrete pavement, will be permitted only when physical conditions make boring or tunneling impossible. All boring and tunneling and placing of conduits, casings and pipelines shall be done in such a manner that the existing driving lanes will not be disturbed. If a casing is installed to receive the conduit or pipeline, all voids between the casing and conduit shall be filled with grout or sand. (D) Replacing entire driving lane. If the surfacing or pavement within the driving lanes of an arterial highway, as shown on the master plan of highways and determined by the director of public works as having been improved with plant-mixed surfacing or Portland cement concrete, is removed or damaged by parallel construction operations, the existing surfacing or pavement of the width of the driving lane for the length of the damaged surfacing shall be removed and replaced, except that such a removal and replacement shall in no case be less than 100 feet in length.
(E) Resurfacing multiple locations within city streets. (1) When resurfacing pavement on any city street, residential, commercial or arterial street, at a minimum, the resurfaced section must extend the width of the driving lane (when multiple driving lanes exist) or the entire street width where only one driving lane exists. For purposes of this section, STREET WIDTH refers from the edge of curb and/or gutter to the other curb and/or gutter. In cases where multiple areas within a street require resurfacing, the resurfacing work shall be completed as a contiguous repair for the entire street width. Individual patches or discontinuous resurfacing shall not be permitted to avoid a patchy appearance and to ensure the structural integrity and smoothness of the road surface. Exceptions to these requirements may be permitted when the distance between areas needing resurfacing are more than 550 feet for arterial and commercial streets and 100 feet for residential streets. All exceptions are subject to engineering evaluations and the written approval of the City Engineer. (2) As an alternative to performing the pavement resurfacing, the applicant may request to pay an in-lieu fee to satisfy this requirement. Payment in-lieu of resurfacing shall be subject to the approval of the Public Works Department and the fee shall be determined in accordance with this chapter. (3) Pre-construction evaluations of the existing pavement conditions shall be conducted, documented and submitted to the city for review and approval prior to commencing work. If a contractor fails to obtain approval of the existing pavement condition evaluation prior to commencing work, resurfacing of all damaged areas within and adjacent to the work area is required. Prior to acceptance of all resurfacing work,
a post-construction evaluation shall be conducted by the Public Works Department to ensure compliance with these requirements and to assess the overall quality, smoothness and/or safety of the resurfacing. (4) Any changes to the plans that alter limits of work may invalidate prior approvals of resurfacing limits. Revised resurfacing requirements are subject to approval of the City Engineer. (5) This section shall not apply to the holder of any valid and enforceable franchise to use the public right-of-way or highway.
(F) General standards. All materials and construction operations shall conform to the applicable provisions of the city standard specifications.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-61 Payment of costs of resurfacing when work done by city.
If, after the refilling of an excavation, a permittee under this subchapter fails or refuses to resurface or repair that portion of the surface of the highway damaged by him, or if the director of public works has elected to do such resurfacing or repairing, the director of public works shall do so, and the permittee shall be charged with the cost thereof computed by the director of public works as provided in §§ 7-3-47 or 7-3-49, whichever in the judgment of the director of public works will most fairly compensate the city for the expenses incurred by it. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-3-62—7-3-66 Reserved.
§ 7-3-67 Payment of costs of further repairs.
If, at any time subsequent to the first repair of a surface of a highway damaged or destroyed by any excavation or obstruction in such highway, it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, the permittee under this subchapter shall pay to the city the cost of such additional repairs made by the director of public works. The cost shall be computed by the director of public works, as provided in §§ 7-3-47 or 7-3-49, whichever in the judgment of the director of public works will most fairly compensate the city for the expenses incurred by it. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-68 Trafficway to be kept open.
(A) Trenching for installation across an y intersecting roadway open to traffic shall be progressive. Not more than one-half of the width of a traveled way shall be disturbed at one time, and the remaining width shall be kept open to traffic by bridging or backfilling.
(B) More than one-half of the width of a traveled way shall be disturbed at one time only upon the prior authorization by the city council.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-69 Depth of pipes and conduits.
The shallowest portion of any pipeline or other facility shall be installed not less than 30 inches below the roadway surface, unless otherwise authorized in writing by the director of public works.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-70 Backfilling and cleanup.
(A) General compaction requirements. All backfill replaced in excavations within the road right-of-way shall be compacted until the relative compaction within six feet of the top surface is not less than 90% and below six feet is not less than the adjacent undisturbed soil as determined by the relative compaction test specified in section 6, article b-21, of the state standard specifications§ 19-3 (Structure Excavation and Backfill) of the California Standard Specifications, or as that section may be amended from time to time. (B) Compaction of clayey soils.
(1) Clayey materials shall be define d as a soil containing more than 30% of material which will pass a no. 200 mesh screen. Clayey material replaced as backfill may not be ponded or jetted, but shall be compacted as specified under general compaction requirements by any other suitable method, providing the material is first conditioned by wetting or drying to within 2% of optimum moisture content.
(2) In lieu of backfilling with clayey material, the permittee, at his option, may elect to furnish sandy or granular material, less than 30% of which will pass a no. 200 mesh screen, in which case compaction may be obtained as specified under general compaction requirements. (C) Finishing and cleanup.
(1) After the work has been completed, all debris and excess material from excavation and backfill operations shall be removed from the right-of-way and the roadway left in a neat and orderly condition.
(2) All roadside drainage ditches shall be restored to the original grades, and the inlet and outlet ends of all culverts shall be left free and clear.
(3) All approaches to private driveway s and intersecting highways and streets shall be kept open to traffic at all times.
(4) Excess and nonsurfacing materials which adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the director of public works. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-71 Deductions from deposit; refund of deposit.
(A) The city shall deduct the following from any deposit made or maintained by a permittee under this subchapter:
(1) Issuance fee. The permit issuance fee if it has not otherwise been paid; (2) Refilling and obstruction removal costs. The cost to the city of refilling any excavation or removing any obstruction;
(3) Resurfacing and repair costs. The cost to the city of resurfacing or repairing the highway, calculated pursuant to the provisions of §§ 7-3-47 or 7-3-49;
(4) Additional repair costs. The cost to the city of any additional repairs, as provided in § 7-3-67; (5) Inspection costs. The cost of any inspection by the director of public works made necessary by the failure of the permittee to comply with any provision of this subchapter or the terms or conditions of
the permit. The inspection fees provided for in § 7-3-41 shall be presumed to be the actual cost of inspection, and a refund thereof shall not be made to any applicant. (B) No engineering fees will be charge d by the city for services rendered pursuant to this subchapter. Inspection costs, however, will be paid for by the applicant as provided for in § 7-3-41 and division (A)(5) above. (C) (1) After making the deductions spec ified in this section, the city shall, unless the deductions are made from a general deposit, refund any balance to the applicant in the same manner as provided by law for the repayment of trust monies.
(2) The balance remaining in a general deposit shall be retained by the director of public works and applied to the issuance fees and costs in connection with any future excavations, fills or obstructions pursuant to a permit issued under this subchapter, unless a written demand for the balance is made by the depositor, in which event any balance therein shall be refunded in the same manner as provided by law for the repayment of trust monies.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-72—7-3-76 Reserved.
§ 7-3-77 Payment of costs in excess of deposit.
If any deposit is insufficient to pay all fees and costs provided in this subchapter, the permittee shall, upon demand, pay to the director of public works an amount equal to the deficiency. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-78 Failure to pay costs.
If a permittee under this subchapter, upon demand, fails to pay any deficiency as provided in § 7-3-77 or fails to pay any other costs due to the city under this subchapter for which no deposit has been made, the city may recover the costs by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full, a permit shall not thereafter be issued under this subchapter to such permittee. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-79 Emergency work.
Nothing in this subchapter prohibits any person from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed, if the person making such excavation obtains a permit therefor within one day after the offices of the director of public works are first opened subsequent to the making of such excavation. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-80 Violation of subchapter.
A person who violates any provision of this subchapter or of any permit issued under this subchapter is guilty of a misdemeanor.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-3-81—7-3-90 Reserved.
SUBCHAPTER 4. PROTECTION DURING CONSTRUCTION
§ 7-3-91 Travel over newly made pavement and markings prohibited. (A) Highway construction. Whenever any public highway, county road, state highway or city street within the city shall be hereafter, in course of construction or improvement, paved with cement, asphaltum or any other substance that is soft when first applied, it shall be unlawful for any person to step, walk, ride or drive upon that portion of any such public highway, county road, state highway or city street which is being at the time so improved, until after the asphaltum or other substance shall become set or hard. (B) Pavement and markings. No person shall ride or drive any animal or any vehicle over or across any newly made pavement, any pavement under construction, or any freshly painted markings upon any public road, highway or street when a barrier or sign is in place warning persons not to drive over or across such pavement or markings, or when a sign is in place stating that the street is closed. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-92 Closing of streets; barriers and warning devices. (A) Definition. The term “director”, as used in this section, means the director of public works of the city. (B) Authority of director. Whenever it shall be deemed necessary by the director of public works to restrict the use of or close any city highway or street for the protection of the public, for the protection of such city highway or street from damage during storms or during construction, improvement or maintenance operations thereon, the director of public works may close or restrict the use of the whole or any part of such city highway or street deemed necessary to be excluded from public travel. (C) Placement of warning signs, lights and devices. While any such city highway or street or portion thereof is so closed, or while such highway or street or portion thereof is in the process of construction or repair or maintenance, the director of public works or their employees, or the contractor under authority of the director of public works, may erect or cause to be erected suitable barriers or obstructions thereon, may post or cause to be posted conspicuous notices to the effect that such highway or street or portion thereof is closed or directing the traffic, and may place or cause to be placed warning lights or devices on such road or highway or portion thereof. All warning signs, lights and devices shall conform to the uniform sign chart of the California division of highways and the city’s manual of warning signs, lights and devices. (D) Damaging or removing barriers, notices or warning signs. When such highway or street or portion thereof is closed to the public or is in the process of construction, repair or maintenance as provided in this section, any person who willfully breaks down, removes, injures or destroys any such barrier or obstruction, or tears down, removes or destroys any such notices, or extinguishes, removes, injures or destroys any such warning lights or devices so erected, posted or placed by such director of public works or their employees or contractor, or willfully enters upon or drives any vehicle on or over such road or highway or portion thereof when in the process of construction, repair or maintenance, without first obtaining a permit so to do from the director of public works or authorized contractor, shall be guilty of a misdemeanor. (Ord. 90-11, § 6, passed 3-6-90)
Chapter 4 TRAFFIC ORDINANCES
Subchapter 1. General Pr ovisions, §§ 7-4-1—7-4-199
Subchapter 2. Traffic Administration, §§ 7-4-200—7-4-299 Subchapter 3. Turning Movements, §§ 7-4-300—7-4-399
Subchapter 4. Stop or Yield Intersections and Railroad Crossings, §§ 7-4-400—7-4-499
Subchapter 5. Pedestrian, Bicycle, Skateboard and Equestrian Regulations, §§ 7-4-500—7-4-599
Subchapter 6. Stopping, Standing and Parking of Vehicles, §§ 7-4- 600—7-4-699
Subchapter 7. Vehicle Size, Weight and Load, §§ 7-4-700—7-4-799 Subchapter 8. Abandoned, Wrecked, Dismantled or Inoperative Vehicles, §§ 7-4-800—7-4-899
Subchapter 9. Temporary Street Closure, §§ 7-4-900—7-4-902
SUBCHAPTER 1. GENERAL PROVISIONS
§§ 7-4-1—7-4-99 Reserved.
§ 7-4-100 Purpose of chapter.
This chapter shall serve as the traffic ordinance for the city. Adoption by the state legislature of the California Vehicle Code provides for uniform traffic regulations throughout the state. Within these regulations the California Vehicle Code also delegates to local government specific authority to adopt supplemental regulations by ordinance or resolution. It is the intent of this chapter to establish specific city legal and organizational authority for traffic management and regulatory enforcement of use within the public right-of-way. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-101 Traffic manual.
To guide the application of the laws contained in this traffic ordinance not in the California Vehicle Code, the city council has adopted the city traffic manual, which defines engineering policies, procedures and interpretations of traffic engineering practice. Any amendments to the traffic manual shall be approved by resolution of the city council.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-102 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever any words or phrases used in this chapter are defined in the California Vehicle Code and amendments thereto, such definitions shall apply if such word or phrase is not elsewhere defined in this chapter.
Bicycle lane. A marked lane within the roadway designated by appropriate signs and markings for the one- way use of bicycles.
Bicycle path and bicycle trail. A specifically designated area for bicycle use physically separated from the roadway.
Bicycle route. Any roadway designated as a bikeway pursuant to the California Streets and Highways Code § 2371890.8 with official signs giving notice of such a bikeway.
Bus stop zone. The space adjacent to the curb or edge of a roadway reserved for the exclusive use of buses during the loading or unloading of passengers.
Curb. The lateral boundary of the roadway, whether such curb is marked by curbing construction or not so marked. It does not include the line dividing the roadway of a street from parking strips in the center of a street or from tracks or rights-of-way of public utility companies.
Director. The director of public works or their authorized representative.
Holidays. The holidays specified by the city council.
Loading zone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
Official time standard. Whenever certain hours are named, they shall mean standard time or daylight saving time as may be in current use in the city.
Passenger loading zone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
Public parking facility. A ground level surface parking lot or an above-ground, below-ground, or multiple-level parking facility that is owned or operated by the City or any other government entity.
Recreation Vehicle. Shall have the meaning set forth in California Health and Safety Code § 18010.
School days. Days on which regularly scheduled public school classes are in session.
Skateboard. A conveyance consisting of a short oblong board with small wheels, propelled with or without mechanical power, which can be ridden by one or more persons at a time.
Vehicle Code. The California Vehicle Code.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 1, passed 4-16-96; Ord. 2022-214, § 2, passed 5-17-22) §§ 7-4-103—7-4-199 Reserved.
SUBCHAPTER 2. TRAFFIC ADMINISTRATION
§ 7-4-200 Enforcement of traffic laws.
The county sheriff, who provides police services to the city pursuant to a contract between the city and the county, is the agency responsible for traffic control in the city. The State Highway Patrol may incidentally enforce traffic laws in the city in the course of performing its duties with respect to traffic laws on state highways. (Ord. 2020-204, § 6, passed 3-3-20)
§ 7-4-201 Traffic engineer generally.
The traffic engineer, under the authority of the director of public works, is hereby charged with the responsibility, under the powers and duties specified in this chapter, to carry out and review all traffic engineering functions affecting the city.
(Ord. 2020-204, § 6, passed 3-3-20)
§ 7-4-202 Duties of traffic engineering section.
(A) General duties. It shall be the general duty of the traffic engineer to determine the installation, design, operation and maintenance of traffic control devices, design and review traffic flow systems and appurtenances, conduct engineering analyses of traffic accidents, devise remedial measures, and conduct engineering and traffic investigations of traffic conditions. The traffic engineer shall also cooperate with the California Highway Patrol, the county sheriff's department, the County Fire Authority, and other agencies as appropriate in the development of ways and means to improve traffic conditions and carry out the additional duties imposed by the ordinances of the city. In the event that the city does not have a designated traffic engineer, the duties set forth in this section may be performed by the director of public works. (B) Specific duties. The traffic engineer shall have the following authority and specific duties:
(1) The traffic engineer shall have the authority and duty to implement such traffic and parking regulations as necessary or appropriate to facilitate traffic and parking within the city, and to install, modify or remove any traffic devices; provided, further, that where city council approval is required by § 7-4-203, or traffic and transportation commission approval is required prior to implementation, such approval shall be obtained prior to implementation and enforcement. Traffic and parking regulations implemented by the traffic engineer shall be consistent with governing law, including the California Vehicle Code and provisions of this code, and consistent with any direction of the city council or the traffic and transportation commission.
(2) The traffic engineer shall have the authority to issue parking permits, including residential parking permits and guest parking permits, as authorized by this title. (3) The traffic engineer, without the approval of the traffic and transportation commission or city council, shall have the authority to install and replace informational signs, directional signs, lane striping, and traffic warning signs, as distinguished from traffic control signs. (4) The traffic engineer shall be responsible for post ing such other signs as directed by the traffic and transportation commission and city council.
(5) Traffic and parking regulations shall not be implemented or enforced until the appropriate signs are properly posted.
(C) Emergency powers. Subject to the provisions of division (D) below, the traffic engineer shall have the following powers when they find that an emergency condition exists threatening the public health and safety:
(1) The power to temporarily close streets; and
(2) The power to install traffic control signs.
(D) Expiration of emergency powers. Upon the expiration of the emergency as specified in division (C) above, the traffic engineer shall reopen the closed streets, remove the traffic control signs, or take both such actions, unless the city council authorizes the continuance of such temporary street closures or installation of the traffic control signs.
(Ord. 2020-204, § 6, passed 3-3-20)
§ 7-4-203 City council authority.
(A) City council action shall be required by ordinance or resolution to implement any traffic regulation only when an ordinance or resolution is specifically required by state law. (B) For purposes of example, but not an exclusive list, the following items require city council action prior to implementation:
(1) the establishment of crosswalks between intersections; (2) the establishment of bicycle lanes separated from any vehicular lanes upon highways, other than state and county highways;
(3) the determination and declaration of a prima facie or maximum speed limit; (4) the adoption of rules and regulations on the designation of any intersection as a stop intersection; (5) the designation of specific street segments for time limited parking zones, including, but not limited to, time or day restrictions or one-hour, two-hour, or other time limitations; and (6) the temporary closing of a portion of any street for celebrations, parades, local special events, and other purposes. Notwithstanding any provision to the contrary, city council approval shall also be required for the designation of any street for use by vehicles having a gross weight, including the vehicle and its load, in excess of three tons.
(Ord. § 2020-204, § 6, passed 3-3-20)
§ 7-4-204 Authority of traffic and transportation commission.
The city has formed a traffic and transportation commission. The provisions that provide for its membership, duties and operations are found in Title 2, Chapter 3, Subchapter 7, commencing with § 2-3-46. The traffic and transportation commission shall review and make recommendations to the city council on all traffic related matters which are listed in that subchapter. The City Council may delegate this authority to the City Manager, or their designee.
(Ord. 2020-204, § 6, passed 3-3-20)
§ 7-4-205 Installation of automated traffic enforcement systems is prohibited.
Automated traffic enforcement systems, as that term is used in California Vehicle Code § 21455.5, shall not be installed on any city street or highway that is within the jurisdiction of the city. (Ord. 2020-204, § 6, passed 3-3-20)
§§ 7-4-206—7-4-299 Reserved.
SUBCHAPTER 3. TURNING MOVEMENTS
§ 7-4-300 Designation of multiple turning lanes at intersections.
The director is authorized to place official traffic control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and the director is authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make right or left turns. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-301 Designation of two-way left turn lanes.
The director is hereby authorized to establish and designate two-way left turn lanes on streets or highways. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-302 Restrictions on turning movements.
The director is hereby authorized to place and maintain signs or markings to prohibit or to restrict left turns, right turns or U-turns at intersections, driveways or between intersections. (Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 6, passed 4-16-96)) §§ 7-4-303—7-4-399 Reserved.
SUBCHAPTER 4. STOP OR YIELD INTERSECTIONS AND RAILROAD CROSSINGS § 7-4-400 Through highways defined.
All major, primary, secondary and commuter arterial highways of the city, as shown on the master plan of arterial highways as amended from time to time and on file in the office of the city clerk, are hereby declared to be through highways, unless specifically designated otherwise, together with such other highways as the city council may, by resolution, declare to be through highways.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-401 Designation of stop intersections.
The director is authorized to:
(A) Erect and maintain stop signs at entrances to any or all of such through highways as defined in § 7-4- 400, from other public or private streets; and
(B) Install stop signs at intersecti ons where, in their opinion, there is an imminent danger without such control. The director shall follow the installation with request for city council approval at the earliest opportunity.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-4-402—7-4-499 Reserved.