§ 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.
SUBCHAPTER 5. PEDESTRIAN, BICYCLE, SKATEBOARD AND EQUESTRIAN
REGULATIONS
§ 7-4-500 Bicycle operation.
(a) Riding in group. Persons operating bicycles within a bicycle lane or upon a bicycle path shall ride in single file, except as provided for in California Vehicle Code § 21202(a). (B) Direction of travel. Persons riding or operating a bicycle on a bicycle trail or path may proceed in either direction except on those trails or paths designated for one-way traffic by appropriate markings or signs defined by the direction of adjacent vehicular traffic. (C) Walking bicycles. Bicycles may be walked subject to all provisions of law applicable to pedestrians. (D) Yielding right-of-way. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield right- of-way to any and all pedestrians. A person riding a bicycle, upon entering a roadway or driveway from a sidewalk, shall yield to all traffic.
(E) Riding on sidewalks. Bicycles may be ridden on all sidewalks, at a speed not to exceed five miles per hour, except upon sidewalks within a business district, upon sidewalks adjacent to any public school building when school is in session, upon a sidewalk at a recreation center when in use, upon a sidewalk at a church during services, over any pedestrian overcrossing or upon any other sidewalk where prohibited by posted signs. (Ord. 90-11, § 6, passed 3-6-90; Ord. 90-38, § 3, passed 6-18-90; Ord. 96-90, § 7, passed 4-16-96) § 7-4-500.1 Electric bicycle operation.
All references to this section shall include § 7-4-500. These requirements are in addition to the other regulations for bicycle operation set forth in § 7-4-500. (A) No person shall ride an electric bicycle in an unsafe manner on any publicly owned property, including but not limited to a public roadway, highway, sidewalk, park; nor on any private property open to the public.
(1) Unsafe manner means any act or acts in violation of this Code, California Vehicle Code, or other existing law. An unsafe manner can also be defined as operating an electric bicycle in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.
(2) Examples of riding in an unsafe manner may in clude, but are not limited to, the following actions:
(a) Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bike path. It is not a violation of this division (A)(2)(a) if one or more wheels lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the rider;
(b) Riding on the sidewalk withou t due caution for pedestrians; (c) Riding on the highway, or bicycle lane against the flow of traffic; (d) Intentionally swerving or riding around stopped or slowed traffic; (e) Operating an electric bicycle in a manner it was not designed for, including carrying passengers when not designed for carrying passengers, or standing on the seat of the bicycle;
(f) Not obeying posted signs or traffic lights; and
(g) A person under the age of 18 riding without a properly fitted and fastened helmet. (B)(1) No person shall operate an electric bicycle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while riding.
(2) An electronic wireless communications device includes, but is not limited to, a broadband personal communication device, a handheld device, or pager. (Ord. 2024-227, § 2, passed 3-5-24)
§ 7-4-501 Roller skating, skateboarding and bicycling prohibited in certain designated areas.
It shall be unlawful and subject to punishment in accordance with § 7-4-501.6 for any person to engage in roller skating, skateboarding, bicycling or similar activities in or on any public property when the public property has been designated by resolution of the city council and posted as a no roller skating, skateboarding, bicycling or similar activity area, and in or on any private property when the private property has been posted as a no roller skating, skateboarding, bicycling or similar activity area, in accordance with the procedures set forth in § 7-4-501.3. (Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 2, passed 3-3-92) § 7-4-501.1 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Acrobatics. Includes jumps, spins, loops, "360s," handstands or any other movements or tricks not essential to the ordinary use of the skateboard as a transportation device, or the use of ramps, jumps, curbs, steps or other devices used to force the skateboard off the ground.
Business district. As designated in California Vehicle Code § 235.
Electric bicycle. An electric bicycle equipped with both fully operable pedals and an electric motor, as further defined by California Vehicle Code § 312.5, as it may be amended from time to time.
Hazard. Any activity which threatens injury to person or property or prevents the free use of public or private property by pedestrians or motorists.
Private property. Any property held by private interests which is used primarily for business, commercial or recreational purposes.
Public property. Any property owned or maintained by the city.
Roller skate. Any footwear or device which may be attached to the foot or footwear, to which wheels are attached which may be used to aid the wearer in moving or propulsion.
Skateboard. A board of any material which has wheels attached to it and which may be propelled or moved by human, gravitational or mechanical power, and to which there is not fixed any device or mechanism to turn or control the wheels.
Skateboarding. For purposes of the prohibitions contained in this subchapter, includes performing acrobatics while using or operating a skateboard, or using or operating a skateboard in a manner which creates a hazard. The term skateboarding shall not include the use or operation of a skateboard while the user is in an upright or standing position and is using the skateboard as a transportation device.
(Ord. 91-38, § 2, passed 6-18-91; Ord. 2024-227, § 3, passed 3-5-24) § 7-4-501.2 Designation of public property as no roller skating, skateboarding or bicycling area.
The city council, upon review and recommendation by the city engineer, may prohibit, from any public roadway, sidewalk or other public property, roller skating, skateboarding, bicycling or similar activity, or any combination of those activities. In order to prohibit any or all such activities from a specific area, the city council shall designate the area by the adoption of a resolution prohibiting the activity from the area and order the posting of the signage as provided for in § 7-4-501.4.
(Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 3, passed 3-3-92) § 7-4-501.3 Designation of private property to prohibit specified activities. (A) Prohibition of roller skating, bicycling and similar activities. The following procedures are applicable for prohibiting roller skating, bicycling or similar activities, or any combination of those activities, on private property.
(1) If the property is owner-occupi ed, the property owner shall submit a written application requesting a designation of a no roller skating, bicycling or similar activity area. (2) If the property is occupied by tenants of the owner, then the tenants shall submit a written application signed by a majority of the tenants of the property supporting a designation of a no roller skating, bicycling or similar activity area, and the application shall also contain the written consent of the property owner.
(3) The city clerk shall cause a notice of the city coun cil consideration of the applications filed pursuant to this division (A)(3) to be mailed to all tenants in the subject private property and the owner of the subject private property, at least five days prior to the date scheduled for the city council's consideration of the application.
(4) The city council may approve or deny the applicatio n for designation of property as a no roller skating, bicycling or similar activity area.
(B) Prohibition of acrobatic or hazardous skateboarding. The following procedures are applicable for prohibiting acrobatic or hazardous skateboarding on private property. (1) The owner of owner-occupied property, or a majority of the tenants, with the consent or the owner, of property occupied by tenants, may cause acrobatic or hazardous skateboarding to be prohibited on their private property by complying with the provisions of this division (B)(1). (2)(a) In order to cause acrobatic or hazardous skateboarding to be prohibited, the owner, or a majority of the tenants with the consent of the owner, shall provide to the city police services a written notice which contains the following information:
1. A statement that the owner or tenants intend to prohibit acrobatic and hazardous skateboarding on the property;
2. A description of the property, including the ar eas on which acrobatic or hazardous skateboarding is to be prohibited;
3. A description of the signs the owner or tenants intend to post in compliance with § 7-4-501.4 and an identification of the location for the posting of each sign; and
4. The date by which the signs are to be post ed and on which the prohibition is intended to commence.
(b) As to tenant-occupied property, the written notice must be signed by a majority of the tenants that occupy the property on which acrobatic or hazardous skateboarding is to be prohibited. (3) The prohibition on acrobatic or hazardous skateboarding shall go into effect and be enforced by the city police services after the notice required by this section has been provided to the city, the signage provided for by this subchapter has been posted, and the city police service has reviewed the posted signs and determined that they are in compliance with this subchapter. (4) The individuals prohibiting the ac tivities shall be responsible for all costs incurred in providing the notice and posting the signage.
(Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 4, passed 3-3-92) § 7-4-501.4 Posting of signs.
(A) Prior to the enforcement of the pr ohibition on roller skating, skateboarding, bicycling or similar activity, the area so designated shall be posted with signs which provide substantially as follows:
(1) Roller skating, skateboarding, bicycling or similar activity is prohibited by § 7-4-501. Any violation is punishable by a fine of $25.00 for a first offense.
(B)(1) As to either public property or private property, if it is intended that only certain of the activities listed in this section are to be prohibited on certain property, then the required signs shall only designate the activities which have been specifically prohibited.
(2) For example, if only acrobatic and hazardous skateboarding is prohibited for a certain area, then the required signage shall state: "Acrobatic or hazardous skateboarding is prohibited by Laguna Niguel Municipal Code section 7-4-501. Any violation is punishable by a fine of $25.00 for a first offense." (C) The signage required by this section sh all be posted in plain view at all entrances to the property or area for which the prohibition is applicable, and all signs shall not be less than 17 inches by 21 inches in size with lettering not less than one inch in height. The prohibition as to a certain property or area shall not go into effect or be enforced until the required signage has been posted and approved by the city police services. (Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 5, passed 3-3-92) § 7-4-501.5 Fees.
(A) The city council may, by resolution, establish fees for the receipt and processing of applications and petitions for no roller skating, skateboarding, bicycling or similar activity areas. (B) In addition, the city council may, by resolution, establish fees sufficient to cover the costs of developing, printing and posting the areas designated pursuant to this subchapter. (Ord. 91-38, § 2, passed 6-18-91)
§ 7-4-501.6 Penalty for violation of subchapter.
(A) Any violation of this subchapter is deemed an infraction punishable by a fine of $25.00. (B) A second or subsequent violation of this subchapter shall be punishable by a fine of $50.00. (Ord. 91-38, § 2, passed 6-18-91)
§ 7-4-501.7 Exemptions from subchapter.
(A) Any devices designated, intended and used solely for the transportation of infants, the handicapped or incapacitated persons, devices designed, intended and used for the transportation of merchandise to and from the place of purchase, and other wheeled devices, when being used for either of these purposes, shall be exempt from this subchapter.
(B) Furthermore, the city council may, by resolution, suspend the enforcement provisions of this subchapter to accommodate special events when so requested by the event organizer. (Ord. 91-38, § 2, passed 6-18-91)
§ 7-4-502 Riding skateboards, roller skates and similar conveyances on roadway. (A) No person shall ride a skateboard, roller skates or other conveyance propelled by human power other than a bicycle or cause or permit such conveyance to roll or coast on the roadway of any highway in the city. (B)(1) Any violation of this section is deemed an infraction punishable by a fine of $25.00. (2) A second or subsequent violation of this section shall be punishable by a fine of $50.00. (Ord. 90-11, § 6, passed 3-6-90; Ord. 91-53, § 1, passed 12-3-91; Ord. 96-90, § 8, passed 4-16-96) § 7-4-503 Pedestrian movements at intersections.
The director is hereby authorized to place and maintain signs or markings to prohibit or to restrict pedestrian crossings at certain legs of intersections.
(Ord. 90-11, § 6passed 3-6-90)
§§ 7-4-504—7-4-599 Reserved.
SUBCHAPTER 6. STOPPING, STANDING AND PARKING OF VEHICLES § 7-4-600 Adoption of regulations.
Except as otherwise provided in this subchapter, regulations pertaining to the stopping, standing or parking of vehicles shall be established by ordinance or resolution of the city council. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-601 Establishment of prohibited or restricted parking zones. (A) Pursuant to the California Vehicle Code, the city council, by ordinance or resolution, shall establish specific portions of street segments where the stopping, standing, or parking of vehicles is either prohibited or subject to parking time limitations.
(B) Notwithstanding the preceding general requirement, the traffic engineer is hereby authorized to place appropriate signs or markings prohibiting or restricting the stopping, standing, or parking of vehicles in the following limited and specific circumstances and in the absence of a city council ordinance or resolution imposing a restriction on a particular street segment.
(C) 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:
(1) Bus stop zones. For loading and unloading passengers at a bus stop, or for loading and unloading children at a school bus stop;
(2) Loading zones. For the purpose of loading and unloading passengers or materials; (3) Passenger loading zones. For the purpose of loading and unloading passengers; (4) School zones.
(a) On either side of any marked school pedestrian crosswalk; and (b) Prohibiting parking or restricting parking during specific hours of the day on that side of any street adjacent to any school property when such parking, in the opinion of the director, interferes with pedestrian, bicycle or vehicle traffic, or creates a hazardous situation. (5) Crosswalks. On either side of any marked pedestrian crosswalk; (6) Intersections. On either side of any highway or street from its intersection with any other highway or street for the purpose of turn lanes or sight distance and visibility; (7) Driveways. On either side of a driveway entrance to any highway or street for the purpose of sight distance and visibility;
(8) Temporary no parking zones. Temporary no parking on any City highway or street where the use of such highway or street or a portion thereof is necessary for the cleaning, repair or construction of the highway or street or the installation of underground utilities; or where the use of the highway or street or any portion thereof is authorized for a purpose other than the normal flow of traffic; or where the use of the highway or street or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size and the parking of such vehicles would prohibit or interfere with such use or movement; provided that signs giving notice that such vehicles may be removed are erected or placed at least 24 hours prior to the effective time of such no parking. (9) Railroad crossings. Prohibit stopping from the centerline of a railroad track crossing on any highway or street; and
(10) Narrow streets. Prohibit stopping on only one side of a street which is 30 feet or less in width. (Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 9, passed 4-16-96; Ord. 2020-204, § 7, passed 3-3-20)
§ 7-4-602 Reserved.
§ 7-4-603 Prohibited parking.
(A) Parking in loading zone.
(1) It shall be unlawful for the operat or of any motor vehicle to park or stop the vehicle in any loading zone for any purpose other than unloading or loading of passengers or materials, provided that no stop for the loading or unloading of passengers shall be made for more than five minutes, or provided that no stop for the loading or unloading of materials shall be made for more than 20 minutes. (2) It shall be unlawful for the operat or of any motor vehicle other than a bus or school bus to stop or park the vehicle in a bus stop zone.
(B) Maximum parking time.
(1) It shall be unlawful to park or stop a vehicle for a period of time longer than 72 consecutive hours upon or within any public parking facility, highway or street.
(2) For purposes of this division (B), the vehicle shall be considered to have remained parked unless, during any 72- hour period, said vehicle has been removed at least 100 feet from the position it previously occupied; or the odometer on said vehicle exhibits a change of at least one-tenth of one mile. (c) Overnight parking of recreation vehicle. It shall be unlawful for any person to camp overnight in a recreation vehicle upon any highway or street, including any part of the right-of-way thereof. For purposes of this section, the term "recreation vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. (C) Parking in no parking zone. Notwithstanding anything herein, it shall be unlawful for any person to park in a designated no parking or no stopping zone, or any time-specific no parking or no stopping zone, when signs or markings are placed giving notice of such prohibition. (D) Parking of vehicle not in condition to be lawfully operated. Notwithstanding the provisions of division (B) above, it shall be unlawful to park, stop or leave sitting for a period of time longer than 12 consecutive hours upon any public street or highway in the city any vehicle not in a condition to be lawfully operated on the public highways.
(E) Parking vehicle for purpose of repair. It shall be unlawful to repair, dismantle, overhaul or perform any mechanical work upon a vehicle, trailer, camp car, trailer coach or recreational vehicle at any time on any part of any public street or highway in the city, except to replace or otherwise repair a tire or to make emergency repairs to enable such vehicle to be removed to a proper place. (F) Regulations for large vehicles. The following regulations shall apply to buses, recreational vehicles, trailer buses, camp trailers, trailers, campers, house cars and trailer coaches. It is the intent of this division (F) that these vehicles shall not be parked on city streets, or designated publicly used parking lots except as provided herein.
(1) No trailer or nonmotorized vehicle shall be left unattached to any vehicle on any city street, designated publicly used parking lot or alley for any period of time.
(2) Subject to § 7-4-606, no person shall park, stop or leave standing any of vehicles described in this division (F), regardless of width, on any city street, designated publicly used parking lot or alley in the city for more than four hours and may only so park; provided that the size of the vehicle does not violate any other regulations contained within this code, or the California Vehicle Code, regulating the size of vehicles or the locations and times where vehicles are prohibited from parking. For the purposes of this division (F), a vehicle shall be considered to have remained parked, unless, during any four-hour period, said vehicle has been moved at least one-half mile from the position it previously occupied. The following are exempt from this division (F):
(a) For the purpose of loading or unloading directly adjacent to the residential (non-commercial) property for which the vehicle is registered, for a period not to exceed 24 hours in a three day period; (b) If a vehicle is parked directly adjacent to the property to which it is registered and is used for daily business activities, as such activities are permitted and licensed in compliance with this municipal code, for a period not to exceed 48 hours in a seven day period;
(c) If a vehicle is parked directly adjacent to the residential property which its occupants are visiting, for a period not to exceed 48 hours in a seven day period; or
(d) Between the hours of 10:00 p.m. and 6:00 a.m., no person shall park, stop or leave standing any of these vehicles, regardless of width, provided the size of the vehicle does not violate any other regulations contained within this municipal code, or the California Vehicle Code, regulating the size of vehicles or the locations and times where vehicles are prohibited from parking.
(g) Parking of trailers and nonmotorized vehicles. No person shall at any time park or leave standing a nonmotorized vehicle or camper, regardless of width or length, when it has been detached from its motor vehicle, on any public street or highway in the city, except for purposes of loading or unloading and for a period not to exceed two hours.
(H) Parking in bicycle lane. No person shall park or leave standing a vehicle on a designated on-road bicycle lane anywhere on the city arterial highway system, providing signs identifying such a lane and prohibiting parking are posted.
(I) Parking in a time limited parking zone.
(1) No person shall park a motor vehicle at any place in the city in violation of the time limits approved by the city council and for which a sign with the time limits is posted adjacent to the place. (2) The city council approves a two-hour time limit on the parking of motor vehicles on eastbound Hidden Hills Road in front of Juaneño Park between 7:00 a.m. and 10:00 p.m. every day. (J) Unauthorized parking in public parking facilities. When the city has designated certain property as a public parking facility, or has restricted parking space for parking by permit only, or where signs, lines, or other physical evidence indicates the manner in which motor vehicles must be parked thereon, or restricts the time of day or period of time during which motor vehicles may be left standing thereon, any violation of any such signs, lines, directions, or notices shall constitute a violation of this Code. (Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 11, passed 4-16-96; Ord. 2019-195, § 2, passed 1-15-19; Ord. 2022- 214, §§ 3, 4, passed 5-17-22)
§ 7-4-604 Removal of vehicles from highway.
The removal of vehicles from a city highway or street pursuant to the provisions of California Vehicle Code § 22650 et seq. is authorized under the following circumstances:
(A) When a vehicle is parked or left standing for 72 or more consecutive hours; (B) When a vehicle is illegally parked in violation of any provision of this Code forbidding standing or parking and the use of the highway or street or a portion thereof is necessary for the cleaning, repair or construction of the highway or street, or for the installation of underground utilities, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal by authorized personnel;
(C) Whenever the use of a highway or street or port ion thereof is authorized by the city council for a purpose other than the normal flow of traffic or for the movement of equipment, articles or structures of unusual size, and the parking of any vehicle would prohibit or interfere with such use or movement, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal by authorized personnel; and
(D) Whenever any vehicle is parked or left standing on a highway or street or portion thereof where such parking has been prohibited by this Code. No vehicle may be removed unless signs are posted giving notice of such removal.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-605 Tow-away zones.
Whenever a no parking area has been established in accordance with the provisions of this Code, the city council may by resolution determine that any one or more of the circumstances described in California Vehicle Code § 22651 exist in such area, and may designate such area as a tow-away zone. Whenever the city council has
designated a tow-away zone, it shall be the duty of the director to cause signs to be posted giving notice that any vehicle parked in such tow-away zone may be removed.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-606 Oversized vehicle parking regulations.
(A) Residence district, for purposes of this section, shall include those areas as defined in California Vehicle Code § 515. All other terms used in this section, unless otherwise defined in the Municipal Code, shall have the same meaning as the term is defined to mean in the California Vehicle Code. (B)(1) Notwithstanding anything herein, no person shall park or leave standing upon any public street or highway in a residence district in the city any commercial vehicle, bus, motor truck, semitrailer, or tractor trailer of a width in excess of 80 inches as measured at the widest portion of the body of the vehicle not including mirrors or other extensions, or of a weight in excess of 10,000 pounds, or of a length in excess of 25 feet; or any item of farm machinery or special purpose machine.
(2) Prohibited vehicles may be parked on public residence district streets and highways:
(a) While loading or unloading persons and/or property; (b) When such vehicle is parked in connection with, or in aid of the performance of a service to or on a property in the block in which such vehicle is parked; or (c) To perform repairs of an emergency nature on the vehicle itself. (C)(1) Notwithstanding anything herein, no person shall park or leave standing upon any public street, or highway or public parking facility in the city any commercial vehicle, bus, motor truck, semitrailer, or tractor trailer of a width in excess of 80 inches as measured at the widest portion of the body of the vehicle not including mirrors or other extensions, or of a weight in excess of 10,000 pounds, or of a length in excess of 25 feet between the hours of 2:00 a.m.10:00 p.m. and 6:00 a.m.
(2) Prohibited vehicles may be parked on public streets and highways: provided that such parking does not violate any other regulations contained throughout this municipal code or the California Vehicle Code. (a) While loading or unloading persons and/or property; (b) When such vehicles are parked in connection with, or in aid of the performance of a service to or on a property in the block in which such vehicle is parked;
(c) To perform repairs of an emergency nature on the vehicle; or (d) When such vehicles are parked in compliance with a preferential parking program adopted by resolution of the city council.
(d) No person shall park or leave standing upon any pub lic street any recreational vehicle, house car, trailer coach, trailer attached to a motor vehicle, or any other similar type of vehicle between the hours of 2:00 a.m. and 6:00 a.m. except as follows:
(1) Upon a public street adjacent to property when the purpose of the vehicle being parked at that location is for the loading or unloading of persons and/or property, or when the vehicle is parked in connection with, or in aid of the performance of a service to or on the property, or the occupants of the vehicle are visiting the property. The duration of such parking shall not exceed three days or any portion thereof, out of any consecutive seven-day period. (2) Such a vehicle or attached trailer may be parked upon a public street along any portion of the frontage of a property when the address of the property is stated on the registration for the vehicle or trailer.
The duration of such parking shall not exceed three days, or any portion thereof, out of any consecutive seven-day period.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 93-61, § 1, passed 4-6-93; Ord. 2012-170, § 2, passed 5-15-12; Ord. 2012- 170, § 2, passed 5-15-12)
§ 7-4-607 Residential permit parking.
(A) Purpose. The purpose of the city residential permit parking programs is to regulate and manage residential curb parking problems. The parking problems must substantially interfere with the normal and expected use of available public street parking spaces at regular daily or weekly intervals. The city council may establish residential permit parking programs in accordance with the procedures set forth in this section. (B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Block. Both sides of a street lying between two intersecting streets without interruption by any other intersecting street on either side.
Director. The director of public works of the city.
District. An area established by resolution of the city council, pursuant to this section.
Guest. Any person visiting or intending to visit a person residing in a permit parking district.
Nonresidential user. The owner or tenant in possession of any property in a permit parking designated area which is not used for residential purpose, and the officers, employees, agents, licensees and invitees thereof.
Residential area. Defined per the definition of residence district in the California Vehicle Code § 515.
Street. Both sides of a street defined by logical limits which may span one or more blocks. (C) Designation of permit parking areas. Following review and recommendation by the city traffic commission, the city council may establish permit parking by resolution. Any such resolution shall designate the boundaries of the permit parking district, the streets or the individual block designations. It shall specify the nature of the parking limitations which apply within the designated areas. (D) Procedures.
(1) The resolution specified in division (C) above may provide that parking restrictions imposed pursuant to this section shall apply to the designated permit parking area only after a petition signed by the owners of 67% or more of the residential lots abutting the on-street parking spaces of the subject restrictions have filed a petition with the traffic commission expressing their desire for such parking restrictions. (2) The city clerk shall determine the adequacy of the petition in accordance with the following standards. (a) In the case of a property owned by the co-owners, the signature of any one co-owner on the petition shall be sufficient.
(b) In the case of a property owned by a partnership, the signature of any general partner on the petition shall be sufficient.
(c) Ownership shall be determined by reference to th e latest available tax assessment roll, or by such proof of subsequent acquisition of title as may be provided to the director by the owner. (E) Signs and notices. Upon the establishment of a permit parking designation, the director shall cause appropriate signs to be erected in the entrances of a district, street or block indicating thereon the parking limitation applicable to the area and the exemption therefrom of vehicles with permits. In addition, the
director shall send notification of the permit parking designation and regulations to all recorded homeowners' associations within the area.
(F) Issuance of permits. Applications to park within a residential permit parking designated area may be made by any resident or any eligible nonresidential user residing or working within such area who is licensed to drive a vehicle. Such applications shall be the sole responsibility of the user and filed with the director or their designated representatives. Unless otherwise prescribed by the resolution establishing the district, each household will receive one permanent decal per registered vehicle. Any permit decal issued by the city pursuant to this section shall be valid only so long as the person to whom the permit is issued owns the vehicle and controls the property which ownership or control qualified the person to obtain the permit. Any replacement due to damage of the permit or purchase of a new vehicle is the responsibility of the user. (G) Guest parking permits. Unless otherwise prescribed in the resolution establishing a residential parking permit area, each residential unit shall be entitled to receive three mirror-type guest parking permits from the director. Upon application, residents may receive additional permits as needed for special occasions (placards).
(H) Display of permits (decals). The city will provide each type of permit. (1) A parking permit decal issued pursuant to this se ction, other than a guest parking permit, shall be permanently affixed to the left inside rear window of the vehicle for which it was issued. (2) Guest parking permits shall be displayed by ha nging the permit from the rear view mirror. (3) Placards shall be displayed in left fr ont portion of the dashboard, face up. (I) Exempt vehicles. The following vehicles are exempt from parking restrictions applicable to any parking permit designated area:
(1) Repair, maintenance, re fuse collection, utility, fuel, delivery and service vehicles being used in the course of business;
(2) Vehicles owned or operated by any government agency, or contractor of a government agency, being used in the course of business; and
(3) Emergency life support and health care vehicles owned or operated by any governmental agency, being used in the course of business.
(J) Authority of director. The director is authorized to establish rules and procedures and to produce signs, forms and other materials necessary or appropriate to implement the provisions of this section. (K) Permit fees. The city council may, by resolution, establish fees for permit applications under this or other future permit parking programs.
(L) Removal of permit parking restrictions.
(1) The city council, pursuant to a recommendatio n of the traffic commission, may, by resolution, terminate and dissolve any previously established permit parking designation. The director shall remove parking restriction signs in accordance with any such resolution. (2) Permit parking restrictions imposed shall be e nded with a petition so requesting and signed by the owners of 67% of the residential lots abutting such block. Upon their determination that the petition is adequate in accordance with the standards set forth in this section, the director should remove parking restriction signs from such block.
(M) Enforcement and penalties.
(1) Unless exempted by the provisions of this section, no person shall stand or park a motor vehicle in any permit parking designated area in violation of any parking restrictions established pursuant to this section.
(2) It shall be unlawful for any person holding a permit to transfer such a permit to a vehicle not registered for such permit. No person shall copy, produce and otherwise counterfeit a residential or guest parking permit issued pursuant to the permit parking program. The director shall be empowered to cancel or revoke any permit which is utilized for a vehicle not registered pursuant to this section. (3) It shall be unlawful for any person to falsely repr esent themself as eligible for a parking permit or furnish false information to the director or their representatives in an application for a parking permit. (4) Violation of any provision of this section shall be an infraction. The penalty for a first and subsequent conviction shall be assessed according to the uniform bail schedule that is in force at the time of the violation applicable to South Orange County.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 91-47, § 1, passed 10-1-91; Ord. 2007-148, § 1, passed 9-18-07) § 7-4-608 Parking within designated markings.
Where any parking space has pavement markings designating the allotted parking space, vehicles shall be parked entirely within the designated limits of such parking space. (Ord. 2022-214, § 6, passed 5-17-22)
§§ 7-4-609—7-4-699 Reserved.
SUBCHAPTER 7. VEHICLE SIZE, WEIGHT AND LOAD
§ 7-4-700 Weight, size and load restrictions.
The city council may set varying weight, size and load limits on certain bridges or roadways when such a restriction is in the interest of the safety of the motoring public. (Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 12, passed 4-16-96)) § 7-4-701 Permit for variation from limitations.
(A) Issuance. The director is authorized to issue permits for variations from the size, weight and load limitations set forth in California Vehicle Code § 35000 et seq. Such authorization shall be exercised in accordance with the guidelines and restrictions set forth in California Vehicle Code § 35780 et seq. (B) Fee. An administration fee for permits issued for a vehicle or combination of vehicles under the provisions of this section shall be established by resolution of the city council. (C) Security. The director may require such undertaking or security as he deems necessary to protect the highways, streets and bridges from injury, or to provide indemnity for any injury resulting from the operation of the vehicle.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-702 Moving of buildings or other structures.
(A) Minimum manpower. It shall be unlawful for any building or structure 20 feet or more in width to be moved over, upon, along or across any highway, street, alley or way unless the contractor so moving the building shall have not less than five persons engaged in the moving operations, comprised as follows:
(1) A foreman;
(2) A truck driver;
(3) A person on the building to handle wire clearances; and (4) Two flaggers, with one flagger to be at least 300 feet ahead of the building or structure, and the other flagger to follow the building or structure at a distance sufficient to give adequate warning to approaching traffic. The flagger shall carry the signals required by law. (B) Relocation permit required. When any building is to be moved, the permit shall not be issued unless a relocation permit, issued pursuant to title 8, Chapter 1 has been obtained for the relocation of the building or structure.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-4-703—7-4-799 Reserved.
SUBCHAPTER 8. ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLES
§ 7-4-800 Purpose and scope of subchapter.
In addition to other statutory authority for the removal of vehicles from public or private property and in accordance with the authority granted by the state under the California Vehicle Code § 22669 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council hereby makes the following findings and declarations. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways and streets, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to health and safety for minors, to create a harborage for rodents and insects and to be injurious to health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property, not including highways and streets, except as expressly permitted in this subchapter, is hereby declared to constitute a public nuisance, which may be abated as such in accordance with the provisions of this subchapter.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-801 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Abandoned, Wrecked, Dismantled or Inoperative Vehicles. As defined in California Vehicle Code § 22669.
Owner of the land. The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
Owner of the vehicle. The last registered owner and legal owner of record. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-802 Exemptions from subchapter.
(A) This subchapter is not applicable to:
(1) A vehicle, or parts thereof, whic h is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
(B) Nothing in this section shall authorize the maintena nce of a public or private nuisance as defined under provisions of law other than this subchapter.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-803 Additional remedies.
This subchapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the county, the state, or any other legal entity or agency having jurisdiction.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-804 Administration and enforcement of subchapter.
Except as otherwise provided in this subchapter, the provisions of this subchapter shall be administered and enforced by the chief of police. In the enforcement of this subchapter such officer and their regularly salaried fulltime deputies may enter upon private or public property to examine a vehicle or parts thereof or obtain information as to the identity of the owner of the vehicle, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-805 Authority of designated contractors.
When the city council has contracted with or granted a franchise to any person to do so, such person shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-806 Fees.
The city council shall, by resolution, determine and fix an amount to be assessed as costs of administration and removal of any vehicle or parts thereof under this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-807 Authority to abate and cause removal.
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private property or public property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-808 Notice of intention to abate and remove.
(A) A ten-day notice of intention to abate and remove a vehicle or parts thereof as a public nuisance pursuant to this subchapter shall be given unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof. (B) The notice shall be mailed by registered or certified mail to the owner of the land, and to the owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(C) The notice of intention shall be in substantially the following form:
LAND OWNER
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to § 7-4-804 of the Laguna Niguel Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof (hereinafter "vehicle"), registered to ___________, license number _______, which constitutes a public nuisance pursuant to the provisions of § 7-4-800 of said Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle or parts thereof, within ten days of the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the city, with administrative costs assessed to you as owner of the land on which said vehicle is located. Upon removal, said vehicle(s) shall not be reconstructed or made operable unless it qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to the California Vehicle Code § 5004.
As owner of the land on which said vehicle is located, you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing; and if such a request is not received by the chief of police within such ten-day period the chief of police shall have the authority to abate and remove said vehicle as a public nuisance and assess the cost as aforesaid without a public hearing. You may submit a sworn written statement within such ten-day period denying responsibility for the presence of said vehicle on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you
or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.
Notice mailed ________.
(date)
/s/ ___________
Chief of Police
VEHICLE OWNER
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of last registered and/or legal owner of record of vehicle. Notice should be given to both if different.)
As the last registered (and/or legal) owner of record of (description of vehicle— make, model, license, etc.), you are hereby notified that the undersigned, pursuant to § 7-4-804 of the Laguna Niguel Municipal Code, has determined that said vehicle, or parts thereof (hereinafter "vehicle"), exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of § 7-4-800 of said Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle within ten days after the mailing of this notice. You are further notified that you may, within ten days after the mailing of this notice of intention, request a public hearing; and if such a request is not received by the chief of police within such ten-day period the chief of police shall have the authority to abate and remove said vehicle without a hearing. Upon removal said vehicle(s) shall not be reconstructed or made operable unless it qualifies for either horseless carriage license plates or historical vehicle license.
Notice mailed ________.
(date)
/s/ ___________
Chief of Police
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-809 Hearing prior to removal.
(A) Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten days after the mailing of the notices of the intention to abate and remove pursuant to this subchapter, a public hearing shall be held by the chief of police or their designee on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administration cost and the costs of removal of the vehicle or parts thereof against the property on which it is located.
(B) If the owner of the land submits a sworn written st atement denying responsibility for the presence of the vehicle on their land within such ten-day period, the statement shall be construed as a request for a hearing, which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten days before the hearing, to the owner of the land, and to the owner of the vehicle, if known. If such a request for hearing is not received within ten days after mailing of the notice of intention to abate and remove, the chief of police shall have the authority to abate and remove the vehicle as a public nuisance without holding a public hearing.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-810 Procedure for hearings and orders.
(A) All hearings under this subchapter shall be held before the chief of police or their designee, who shall hear all facts and testimony they deem pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private or public property.
The chief of police or their designee shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with their reasons for such denial.
(B) The chief of police or their design ee may impose such conditions and take such other action as they deem appropriate under the circumstances to carry out the purpose of this subchapter. They may delay the time for removal of the vehicle or parts thereof if, in their opinion, the circumstances justify it. At the conclusion of the public hearing, they may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the vehicle or parts thereof removed from the property as a public nuisance and disposed of as provided in this subchapter and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available. Such order shall be in writing. (C) If it is determined at the hearing that the vehicle wa s placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the chief of police or their designee shall not assess the cost of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. (D) If the owner of the land submits a sworn written st atement denying responsibility for the presence of the vehicle on their land but does not appear, they shall be notified by registered or certified mail of the decision. If the owner of the vehicle requested the hearing, but does not appear, they shall be notified by registered or certified mail of the decision.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-811 Appeals.
(A) The owner of the land or the owner of the vehicle who requested a public hearing by the chief of police pursuant to this subchapter may appeal the decision of the chief of police by filing a written notice of appeal with the chief of police within five days after the decision of the chief of police. (B) Such appeal shall be heard by the city council, which may affirm, amend or reverse the order or take other action deemed appropriate.
(C) The city clerk shall give written notice of the ti me and place of the hearing to the appellant and those persons specified in § 7-4-808.
(D) In conducting the hearing, the city council shall not be limited by the technical rules of evidence. The decision of the city council shall be final.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-812 Disposition of vehicle after order or appeal.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance pursuant to this subchapter, or five days from the date of mailing the notice of the decision if such notice is required by § 7- 4-810, or 15 days after such action of the city council authorizing removal following appeal, the vehicle or parts
thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard, subject to the provisions of § 7-4-808 relating to horseless carriages or historic vehicles. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-813 Notice to state department of motor vehicles.
Within five days after the date of removal of a vehicle or parts thereof pursuant to this subchapter, notice shall be given to the California department of motor vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the department of motor vehicles any evidence of registration available, including but not limited to registration cards, certificates of ownership or license plates. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-814 Assessment of costs of removal.
If the administrative costs and the cost of removal which are charged against the owner of the parcel of land pursuant to § 7-4-806 are not paid within 30 days of the date of the order or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land and collected pursuant to California Government Code § 25845.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-815—7-4-899 Reserved.
SUBCHAPTER 9. TEMPORARY STREET CLOSURE
§ 7-4-900 Generally.
(A) Permit required.
(1) Except as otherwise provided by law, it shall be unlawful, to close any public street unless a street closing permit therefor has been issued in accordance with the provisions of this subchapter. (2) The director of public works may issue a street closing permit subject to the provisions of this subchapter and subject to such terms and conditions as are determined by the director to be necessary and proper for the protection of the public health, safety and welfare. (3) Street closing permits sha ll only be issued to adults. (B) Fire lanes. Any street closed pursuant to the provisions of this subchapter shall at all times have a 15-foot wide emergency vehicle lane which lane shall extend throughout the closed area of the street and beyond to the next intersection in both directions. Said lane, shall be at all times kept clear of all obstructions to provide emergency vehicular access.
(C) Fire hydrants. No obstruction shall be erected or maintained within a 15-foot wide radius of any fire hydrant. (D) Time limits. No street closing permit shall be issued for any duration longer than one calendar day, nor for any time before 8:00 a.m. or after 12:00 a.m. (midnight). (E) Closure limits. No street closing permit shall be issued which allows the closure of an intersection, the closure of any street for more than 600 feet measured along the centerline of the street, or the closure of 300 feet on a cul-de-sac or dead end.
(F) Number. No more than five temporary street closures will be permitted on the same calendar day in any fire station initial response area. Applications therefor will be considered on a chronological (first come first served) basis.
(G) Department. Any event for which a street closing permit has been issued shall be conducted in such a manner so as not to unduly disturb the public peace.
(H) Alcoholic beverages. At no event for which a street closing permit has been issued shall there be permitted the sale of alcoholic beverages. In addition the consumption thereof by any minor is not permitted. (I) Cleanup. Any person or persons issued a street closing permit shall, at the conclusion of the event for which such permit was issued, return all public properties to their original condition. (J) Street barricades. Any person or persons issued a street closing permit shall personally pick up from the public works department and return to the department all street barricades necessary for the event and the street closure. Any such person shall place, remove and maintain the street barricades in their proper position during the approved time for the street closure and notify city Police Services and the County Fire Authority as to the exact time of the placement and removal of the street barricades. (K) Additional requirements. Notwithstanding any other provision of this subchapter, the chief of police and/or the fire chief or their delegates may impose, as to the issuance of a street closure permit, such additional conditions or requirements as each may deem reasonably necessary for the protection of health and safety. (L) Interference with event. No person shall join or participate in any event for which a street closing permit has been issued without the express or implied consent of the permittee, nor shall any person interfere with its orderly conduct.
(M) Noise. The event and participants shall at all times comply with the provisions contained in §§ 6-6-1 through 6-6-15 which pertain to the abatement of noise.
(N) Revocation or suspension. Any street closing permit may be immediately suspended or revoked by the director of public works if they determine that there has been a failure to comply with the terms and conditions of the issued street closing permit or the provisions of this subchapter. Upon suspension or revocation of the permit, the person receiving the permit shall immediately remove the street barricades, and if that person fails to remove them, they may be removed by the public works department. (Ord. 96-91, § 1, passed 4-16-96)
§ 7-4-901 Application procedure.
(A) Applications.
(1) Every application for a street closing permit sha ll be made in writing upon such forms as shall be designed and promulgated by the department of public works. (2) Every application for a street closing permit shall be filed with the city not less than 30 days nor more than 90 days prior to the date of the event.
(3) All applications for a street closing permit shall include:
(a) The names, addresses and signatures of the app licant or applicants, or, if the applicant is an organization, the names, addresses and signatures of its responsible officer(s); (b) The exact location of the proposed street closure and the date and times therefor; (c) The names, addresses and written consent of all owners or property abutting the affected street; and
(d) A description of the nature of the event, the estimated number of participants, and the nature of entertainment at the event, if any.
(B) Deposit. As a condition of issuance of any street closing permit, a refundable deposit may be required by the public works department to ensure cleanup and repair of public property after the conclusion of the event for which the street has been closed or for other purposes, such as insuring the return of the barricades in good condition.
(C) Damages; insurance.
(1) Any person or persons to whom a street closing permit has been issued shall be liable for any loss or damage to any city property arising out of the issuance or exercise of said permit. (2) As a condition to the issuance of any street cl osing permit, the permittee or permittees may be required by the public works department to provide insurance to indemnify and defend the city and its officers and employees from any and all personal injuries and property damages, including costs of litigation, arising out of the issuance and use of such permit. (D) Permit processing.
(1) Upon receipt of any street closing permit application, the public works director, prior to their issuing a permit, shall forward the application to police services and the County Fire Authority for their review and approval.
(2) The director of public works shall issue a street closing permit upon his finding of the following:
(a) That the proposed activity or us e of the street will not unreasonably interfere with traffic circulation in the area;
(b) That the proposed activity and use will not be detrimental to the public health, welfare, safety and recreation; and
(c) That the proposed activity or use will not en tail extraordinary or burdensome expense to the emergency services of the city.
(E) Appeal.
(1) The decision to grant or deny any application for a street closing permit may be appealed to the traffic commission for consideration at its next regularly scheduled meeting. (2) The decision of the traffic commission may be appealed to the city council for consideration at its next regularly scheduled meeting.
(3) Any permit under appeal shall be considered denied , if there is insufficient time to complete the appeal process.
(Ord. 96-91, § 1, passed 4-16-96)
§ 7-4-902 Enforcement of street closure.
No person shall stop, stand or park a vehicle either upon any portion of roadway temporarily closed pursuant to this subchapter, nor adjacent to either side of any barricade erected therefor; provided, however, that the provisions of this subchapter shall not apply to the loading or unloading of material. (Ord. 96-91, § 1, passed 4-16-96)
Chapter 5 FLOOD CONTROL AND DRAINAGE
Subchapter 1. Protection of District Property, § 7-5-1
SUBCHAPTER 1. PROTECTION OF DISTRICT PROPERTY
Sec. 7-5-1. Alteration or obstruction of drainage works or ditches. (A) Districts under 1903 act. It shall be unlawful for any person, without permission or authority from the board of directors of any drainage district in the county organized under an act of the legislature of this state entitled "An act to provide for the organization and government of drainage districts, for the drainage of agricultural lands other than swamp and overflowed lands, and to provide for the acquisition or construction thereby of works for the drainage of the lands embraced within such districts" and approved March 20, 1903, and acts amendatory thereof, to dig in, upon or through any of the works of any such district, or impair, remove or obstruct any of such works or any ditch, pipe, aqueduct or bridge constituting a part of any such works, whereby the efficiency of such works may be impaired or endangered and the drainage of the lands of such district or a portion thereof be prevented, impeded, retarded or endangered, or the overflow of such lands or a portion thereof from the works so injured, impaired or obstructed be caused or endangered.
(B) Districts under 1907 act. It shall be unlawful for any person, without permission or authority from the board of directors of any protection district in the county organized under an act of the legislature of this state entitled "An act providing for the organization and government of districts for the protection of the lands of farming or other communities or neighborhoods within this state from overflow or damage from the waters of any unnavigable stream, watercourse, canyon or wash extending by, through or over such communities or neighborhoods, and to provide for the acquisition of lands, rights-of-way and other property by purchase, gift or condemnation, and for extending, straightening, locating, improving and maintaining the channels of such streams, watercourses, canyons or washes, and confining said waters in such channels and preventing the overflow thereof, and for the construction by such districts of the necessary works for said purposes," and approved February 23, 1907, and acts amendatory thereof, to dig in, into, upon or through any of the works of any such districts or impair or remove any part of the levee or banks or beds of any channel or obstruct any channel constituting a part of such works whereby the strength, sufficiency or efficiency of such works or of such levee, bank or channel may be impaired or endangered, and the protection of the lands of farming or other communities or neighborhoods within such protection districts from overflow or damage be prevented or endangered.
(Ord. 90-11, § 6, passed 3-6-90)
Laguna Niguel, California, Code of Ordinances
TITLE 8 BUILDING REGULATIONS
TITLE 8
BUILDING REGULATIONS
Chapter 1. Buildings and Construction Generally
Chapter 2. Electrical Code
Chapter 3. Plumbing and Swimming Pool Regulations
Chapter 4. Sanitary Sewer Collection Systems
Chapter 5. Mechanical and Solar Energy Appliances
Chapter 6. California Existing Buildings Code
Chapter 7. California Administrative Code
Chapter 8. Oil Drillin g and Production
Chapter 1 BUILDINGS AND CONSTRUCTION GENERALLY
Subchapter 1. General Pr ovisions, §§ 8-1-1—8-1-11
Subchapter 2. 2025 California Building Code and Related Codes, §§ 8- 1-12—8-1-93
Subchapter 3. Sign Code, §§ 8-1-94—8-1-166
Subchapter 4. Reserved, §§ 8-1-167—8-1-177
Subchapter 5. Tent Code, §§ 8-1-178—8-1-188
Subchapter 6. Relocated Buildings Code, §§ 8-1-189—8-1-199 Subchapter 7. International Property Maintenance Code, §§ 8-1- 200—8-1-799
Subchapter 8. Grading and Excavation Code, §§ 8-1-800—8-1-899 Subchapter 9. California Residential Code - Amendments, §§ 8-1- 900—8-1-999
Subchapter 10. 20 1325 Edition of the California Green Building Standards Code, §§ 8-1-1000, 8-1-1000.1
Subchapter 11. Small Residential Rooftop Solar Systems, §§ 8-1- 1001—8-1-1006
Subchapter 12. Electric Vehicle Charging Stations Permit, §§ 8-1- 1007—8-1-1012
Subchapter 13. California Wildland-Urban Interface Code, § 8-1-1301 Subchapter 14. California Energy Code, § 8-1-1401
SUBCHAPTER 1. GENERAL PROVISIONS
§ 8-1-1 House numbering system.
It shall be the duty of the community development director to assign the numbers to be allotted to all property along all roads, streets and highways in the city in accordance with the provisions of the California Building Code and the California Fire Code.
(Ord. 95-85, § 2, passed 11-21-95; Ord. 2002-125, § 2, passed 12-3-02) § 8-1-2 Violations.
(A) For all sections of the California Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Green Buildings Standard Code, California Administrative Code, California Referenced Standards, California Energy Code, California Wildland-Urban Interface Code, International Property Maintenance Code, International Swimming Pool and Spa Code and Uniform Solar, EnergyHydronics and Geothermal Code, any and all amendments to these codes, included within this chapter, the following shall apply pertaining to violations and shall replace any sections of those codes that pertain to violation. (B) It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. (C) Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and, upon conviction of any such violation such persons shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.
(Ord. 2013-174, § 2, passed 12-3-13)
§ 8-1-3 Board of appeals.
(A) For all sections of the California Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Green Buildings Standard Code, California Administrative Code, California Referenced Standards, California Energy Code, California Wildland-Urban Interface Code, International Property Maintenance Code, International Swimming Pool and Spa Code and Uniform Solar, EnergyHydronics and Geothermal Code, including any and all amendments included within this chapter, the following shall apply pertaining to board of appeals and shall replace any sections of those codes that pertain to board of appeals. (B) In order to determine the suitability of alternate materials and methods of construction and provisions of these codes, there shall be and there is hereby create a board of appeals, consisting of five members, composed of the mayor and the other members of the city council. Said members shall hold their respective membership on said board of appeals by reason of, and concurrently with, their terms of service as council members and shall cease to be such members upon their ceasing to be such council members. The Building Official shall be the secretary of the board. The board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the city council such new legislation, if any, as is consistent therewith.
(C) Three members of the board shall constitute a quorum. The mayor shall be the presiding officer of the board and, in the mayor's absence, the mayor pro-tem shall preside. Meetings shall be conducted in accordance with the Brown Act, being California Government Code §§ 54950 through 54963, or as may be amended.
(D) The board shall have the right, subject to such limits as the city council may prescribe, by resolution, to employ at the cost and expense of the city, such qualified individuals as the board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and making its findings and decisions. (Ord. 2013-174, § 2, passed 12-3-13)
§ 8-1-4 Fees.
For all sections of the California Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Green Buildings Standard Code, California Administrative Code, California Referenced Standards, California Energy Code, California Wildland-Urban Interface Code, International Property Maintenance Code, International Swimming Pool and Spa Code and Uniform Solar, EnergyHydronics and Geothermal Code, including any and all amendments included within this chapter, pertaining to fees are hereby amended to read as follows: “All fees shall be as set forth by resolution of the city council.”
(Ord. 2013-174, § 2, passed 12-3-13)
§ 8-1-5 Administration.
All administrative sections of the California Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Green Buildings Standard Code, California Administrative Code, California Referenced Standards, California Energy Code, California Wildland-Urban Interface Code, International Property Maintenance Code, International Swimming Pool and Spa Code and Uniform Solar, EnergyHydronics and Geothermal Code, are hereby deleted and replaced by Chapter 1 of the 20132025 California Building Code, as amended in this chapter. (Ord. 2013-174, § 2, passed 12-3-13)
§§ 8-1-6—8-1-11 Reserved.
SUBCHAPTER 2. 2025 CALIFORNIA BUILDING CODE AND RELATED CODES § 8-1-12 Adoption of 2025 California Building Code and Related Codes. (A) For the purpose of prescribing regulations for the erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the city, the city council hereby adopts by reference the following codes in their entirety subject to the amendments, additions and deletions set forth hereinafter:
(1) 2025 Edition of the California Building Code, ba sed on the 2024 International Building Code as published by the International Code Council;
(2) 2025 Edition of the California Residential Code, ba sed on the 2024 International Residential Code as published by the International Code Council;
(3) 2025 Edition of the California Green Building Stan dards Code as published by the California Building Standards Commission;
(4) 2024 Edition of the International Property Mainte nance Code, as published by the International Code Council;
(5) 2025 Edition of the California Electr ical Code, based on the 2023 National Electric Code as published by the National Fire Protection Association;
(6) 2025 Edition of the California Plumbing Code, base d on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials; (7) 2024 Edition of the International Swimming Pool a nd Spa Code as published by the International Code Council;
(8) 2025 Edition of the California Mechanical Code based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials; (9) 2025 Edition of the California Administrative Code as published by the International Code Council; (10) 2025 Edition of the California Wildland-Urban Interface Code based on the 2024 International Wildland-Urban Interface Code as published by the International Code Council; (11) 2025 Edition of the California Energy Code based on the 2024 California Energy Code as published by the International Code Council.
(B) The provisions of these codes, as amended in this title, shall constitute the Building Regulations of the City. The foregoing codes are on file for public examination in the office of the building official. One copy of the each of the codes adopted herein is filed in the office of the city clerk. (Ord. 2022-219, § 2, passed 11-15-22)
§ 8-1-13 2025 California Building Code—Chapt er 1, Scope and Administration, amended.
Chapter 1 of the 2025 California Building Code, Division II, Scope and Administration, is adopted in its entirety with the following amendments:
(A) Section 104.8, “Liability”, is amended to include the following:
The provisions of this section shall apply if the Building Official or his/her authorized representative are employees of this jurisdiction and shall also apply if the Building Official or his/her authorized representative are acting under contract as agents of this jurisdiction. (B) Section 105.2, ”Work Exempt from Permit”, is amended to revise Item Nos. 2 and 9 and remove Item No. 4 as follows:
105.2. Work Exempt from Permit:
2. Walls, fences and/or gates less than 42 inches in height.
4. (Removed).
9. Prefabricated swimming pools accessory to a Gr oup R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground. (C) Section 105.3.2.1 “Permit application time limits from code enforcement action” is hereby added as follows:
105.3.2.1 Permit application time limits from code enforcement action. Applications for a permit for any proposed work submitted as the result of a Code Enforcement written Notice of Violation for which no permit is issued shall be deemed to have expired 60 days from the date of filing. The Building Official is authorized to grant extensions of time for justifiable good cause. The extension shall be requested by the owner or designee in writing and justifiable cause demonstrated. (D) Section 105.5, ”Expiration”, is hereby amended to read as follows: