(1) “Cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
(2) “Certified farmers’ market” means a location operated in accordance with Chapter
10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
(3) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(4) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors. (5) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
(6) “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(7) “Vend” or “vending” means operating as a sidewalk vendor. (B) Applicability. The requirements of this chapter shall not apply to the following persons:
(1) Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution. (2) Persons selling goods, wares, merchandise, or food from a motorized vehicle, including food trucks and ice cream trucks.
(C) Business License and Special Business Permit Required. (1) No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid City business license in accordance with PMC 5.04.050 and related sections of Chapter 5.04 PMC, and complying with all requirements of the business license, unless such person qualifies for an exemption under Chapter 5.04 PMC.
Exhibit I
Ordinance No. 1612
(2) No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a special business permit in accordance with this section and complying with all requirements of the permit.
(3) The special business permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a special business permit under this section shall be made not less than 30 days prior to the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the special business permit each year.
(4) A separate business license and special business permit shall be required for each cart.
(D) Requirements for Permit Application. An application for a special business permit for sidewalk vending shall include all of the following, to the extent applicable:
(1) The name, address, and telephone number of the applicant and each person who will operate the cart.
(2) A photo identification of the applicant and each person who will operate the cart. (3) A description of the cart, including the dimensions of the cart, and a photograph of the cart.
(4) A complete list of the food or merchandise to be sold. (5) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (6) The vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number).
(7) A City of Palmdale business license.
(8) A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.
(9) A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.
Exhibit I
Ordinance No. 1612
(E) Identification Numbers – Confidentiality. Notwithstanding any other requirement in this code, an applicant for a business license or special business permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the City shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number along with the permit application, which must be provided at the time of application. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a State law or State or Federal court order. (F) Operational Standards.
(1) Each cart used by a sidewalk vendor must display a valid special business permit sticker at all times, which shall be issued by the City. (2) All sidewalk vendors shall comply with the terms and conditions of the special business permit and shall not sell any food or merchandise that was not listed in the special business permit application.
(3) No stationary sidewalk vendor may operate in any residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones. (4) In order to preserve the peace, safety, and tranquility of residential neighborhoods, no roaming sidewalk vendor may operate in any residential zone earlier than sunrise or later than sunset.
(5) In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof, awning, or canopy, of 78 inches.
(6) In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor. (7) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use Exhibit I
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by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.
(8) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area, including a sanitized and neat appearing cart, within a 10-foot radius around the vendor’s cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing. (9) In order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.
(10) In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.
(11) In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park or other public property. (12) In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles. (13) In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians including, but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes. (14) In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.
(15) In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart, or otherwise shall be in compliance with the zoning code.
(G) Location of Carts. In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers’ Exhibit I
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markets, swap meets, and City-permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way:
(1) Any area other than a public sidewalk or pedestrian path. (2) Within 15 feet of a fire hydrant, fire call box, or other emergency facility. (3) Within 10 feet of an entrance to or emergency exit of any building or business during the hours that the building or business is open to the public. (4) Within 15 feet of the outer edge of a driveway or driveway apron. (5) Within 15 feet of a transit stop.
(6) Adjacent to any marked loading zone or bus zone.
(7) Within five feet of a curb return.
(8) Any location that would impede entering or exiting a parked vehicle. (9) Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than four feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.
(10) Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet during the operating hours of the certified farmers’ market or swap meet.
(11) Within 100 feet of a City-permitted special event including, but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel boundary for the location of the event.
(12) Within 200 feet of any public or private school grounds between 7:00 a.m. and 4:00 p.m. on school days, and during any other time when in use and creating high vehicular traffic, such as uses for major sporting events.
(13) Upon or within any roadway, median strip, or dividing section.
Exhibit I
Ordinance No. 1612
(14) Any public sidewalk location when the straight path would not allow for 48 inches, or as the law updates, of clear width walking space of any sidewalk to be in compliance with Americans with Disabilities Act (ADA) regulations.
(15) Any public sidewalk where there is a 180 degree turn path for sidewalk ramps and corner curbs when the location would not allow for 42 inches approaching the turn, 48 inches at the turn, and 42 inches leaving the turn, or as the law updates, of clear width walking space of any sidewalk to be in compliance with ADA regulations. (H) Special Requirements for the Sale of Food. All sidewalk vendors that prepare or sell food must be in compliance with all county and State permitting and licensing requirements for the preparation or sale of food.
(I) Penalties. For purposes of this section, “sidewalk vending program” refers to the provisions of subsections (F) through (H) of this section and PMC 8.24.210, inclusive, and the requirement to obtain a special business permit pursuant to PMC 5.04.590(C)(2). (1) A violation of any provision in subsections (F) through (H) of this section and PMC
8.24.210, inclusive, may only be punished by the following:
(a) An administrative fine not exceeding $100.00 for a first violation. (b) An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
(c) An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
(d) Rescission of the sidewalk vendor’s special business permit for the term of that permit upon the fourth violation or subsequent violations.
(2) Vending without a special business permit may be punished by the following:
(a) An administrative fine not exceeding $250.00 for a first violation. (b) An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
(c) An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
Exhibit I
Ordinance No. 1612
(3) Upon proof of a valid special business permit, an administrative fine imposed under subsection (I)(2) of this section shall be reduced to the respective administrative fine set forth in subsection (I)(1) of this section.
(4) No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed by subsections (I)(1) and (2) of this section.
(5) Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in subsections (F) through (H) of this section and PMC
8.24.210, inclusive, nor a failure to pay an administrative fine, imposed by subsection (I)(1) or (2) of this section shall be punishable as an infraction or misdemeanor. (6) Any person who receives an administrative fine under subsection (I)(1) or (2) of this section shall have the right to request an ability-to-pay determination. (a) The City shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued. (b) A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program. (c) Upon receipt of a request for an ability-to-pay determination, the City manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the City Manager or his or her designee shall be final.
(d) If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the City shall reduce the fine to 20 percent of the amount of the fine originally imposed.
(7) The City Manager may, in his or her discretion, allow a person who receives an administrative fine under subsection (I)(1) or (2) of this section to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
(8) Nothing in the chapter shall be construed to limit the City’s ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against sidewalk vendors, or to take any other enforcement actions against sidewalk Exhibit I
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vendors that are not prohibited by state or federal law, or which are allowed by this code. (Ord. 1606 § 2, 2023; Ord. 1516 § 3, 2018; Ord. 1317 § 7, 2007; Ord. U-1025 § 1, 1993; Ord. 944 § 4, 1991; Ord. 898 § 2, 1990)
5.04.600 Mobile vending.
(A) Purpose and Intent. It is the City’s responsibility to promote the health, peace, safety, welfare and convenience of all persons in regards to their use and enjoyment of public lands. The City Council finds it necessary to regulate mobile vending for this purpose while ensuring that all such regulations comport with applicable law.
Reasonable regulations are necessary to ensure that mobile vending is operated in accordance with health, safety and traffic laws of the State and the parking ordinances of the City; do not cause public safety problems by contributing to traffic congestion or by creating pedestrian and vehicular conflicts; and do not disturb the quiet use and peaceful enjoyment of residential neighborhoods. The regulations in this section are enacted to ensure consistency with State law, including Section 22455 of the California Vehicle Code related to ice cream truck vending and California Health and Safety Code Section 114315 et seq. (the “California Retail Food Code”) for food handling, as each may be amended. (B) Definitions. As used in this section, the terms listed below shall have the following meaning assigned to them:
(1) “Food establishment” means any restaurant or grocery store with a permanent storefront location.
(2) “Goods or merchandise” means and includes items and tangible things and products of every kind and description, including any food, produce, and/or beverage items. (3) “Human powered device” means any device moved by human power, including, but not limited to, any pushcart, wagon, bicycle, tricycle, or other wheeled device or conveyance.
(4) “Ice cream truck” means any motor vehicle requiring license from the California Department of Motor Vehicles which is used to vend at retail:
(a) Prepackaged frozen dairy or water-based food products; or (b) Soft-serve or hand-dipped frozen dairy or water-based products; irrespective of whether or not the ice cream truck carries other prepackaged food products.
Exhibit I
Ordinance No. 1612
(5) “Mobile food truck” means a motorized vehicle or mobile food unit that should be licensed by the California Department of Motor Vehicles (whether licensed or not), designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public. (6) “Pedestrian solicitor” means a person vending goods or merchandise from their person without the use of a vehicle.
(7) “Person” means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
(8) “Public property” means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City other than a street, alley, parkway, or sidewalk.
(9) “Vehicle” means a motorized vehicle or mobile food unit that should be licensed by the California Department of Motor Vehicles (whether licensed or not), designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public as well as any trailer or other similar apparatus that can be attached to a motorized vehicle whether attached at the time of vending or not, and shall not include any human powered device and shall include an ice cream truck and mobile food truck.
(10) “Vehicle operator” means any person or entity owning a 10 percent or greater interest in, or operating or otherwise controlling, any business involving the vending of goods or merchandise from a vehicle.
(11) “Vend” or “vending” means the sale or offering for sale of any goods or merchandise to the public by a vehicle operator or pedestrian solicitor on a public street, private street open to the public, or other public property.
(12) “Vendor” means any pedestrian solicitor or any vehicle operator, and/or any employee, independent contractor, or other person acting on behalf of or for the benefit of a pedestrian solicitor or vehicle operator, who engages in the act of vending. (C) Applicability. This section is intended to apply to all vending at any locations within the City. However, it does not apply in the following circumstances:
(1) Sidewalk vending described in PMC 5.04.590 if all legal requirements therein are met.
Exhibit I
Ordinance No. 1612
(2) Contractual or other private arrangement between a vendor and an individual or entity that wishes to have food catered to a specific location on private land and which is not open to the public, subject to the following: the vendor shall possess and at all times display in conspicuous view upon their vehicle, in connection with a vehicle operator, or upon their person, in connection with a pedestrian solicitor, a copy of the contractual document or other private arrangement detailing the terms of the agreement along with the name and contact information of the individual or entity that agreed to have food catered on private lands.
(3) Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location.
(4) Any person vending where such person has been authorized to engage in such activity by a permit, lease, real property license, agreement, or other entitlement issued by the City, State or Federal government for such purpose.
(5) Any person exempted from the provisions of this chapter by any local, State or Federal law, regulation or statute.
(D) Vehicle Operator and Pedestrian Solicitor Permits. Any person desiring to obtain a vehicle operator’s permit to conduct or otherwise operate the business of vending goods or merchandise from a vehicle pursuant to this chapter shall file an application with the Business License Division of the Finance Department. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the City Council. Any such permit shall be valid for one year from date of issuance. The permit may be renewed annually, subject to filing of a new application and payment of a new application fee.
(1) Vehicle Operator. Each permit applicant for a vehicle operator permit shall furnish the following information and documentation in the application:
(a) The street address where the office of the business is or will be located; (b) The full, true name under which the business will be conducted; (c) The full, true name and any other names used by the applicant along with a copy of a corresponding California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this section shall not be made available to the public for inspection, shall Exhibit I
Ordinance No. 1612
be treated as confidential, and shall not be disclosed except as required to administer the permit program or to comply with a State law or State or Federal court order; (d) The present residence and business addresses and telephone numbers of the applicant, each 10 percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise; (e) A detailed description of the goods or merchandise which the applicant will vend; (f) The make, body style, year, VIN number, State license plate number, names and addresses of each registered and legal owner of each vehicle and a copy of a valid vehicle registration for the subject vehicles;
(g) A description of the logo, color scheme, insignia, and any other distinguishing characteristics identifying applicant’s business that will appear on each vehicle; (h) The name, residential address, and telephone number of the applicant and individuals primarily responsible for managing the day-to-day operation of the vending business and/or performing any vending on behalf of the operator along with an email and cellular number for such individuals;
(i) Evidence of compliance with the insurance requirements of the Vehicle Code as to each vehicle; and
(j) The details of any known contractual or other private arrangement between a mobile food truck and an individual or entity that wishes to have food catered to a specific location on private land and which is open to the public. If this section is applicable, the permit application shall include the name and contact information of the individual or entity that wishes to have food catered on private lands as well as a copy of the contractual document or other private arrangement detailing the terms of the agreement. (2) Pedestrian Solicitor. Each permit applicant for a pedestrian solicitor permit shall furnish the following information and documentation in the application:
(a) The street address where the office of the business is or will be located; (b) The full, true name under which the business will be conducted; (c) The full, true name and any other names used by the applicant along with a copy of a corresponding California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers Exhibit I
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submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the permit program or to comply with a State law or State or Federal court order; (d) The present residence and business addresses and telephone numbers of the applicant, each 10 percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise; (e) A detailed description of the goods, merchandise, or services which the applicant will vend;
(f) The name, residential address, and telephone number of the applicant and individuals primarily responsible for managing the day-to-day operation of the vending business and/or performing any vending on behalf of the pedestrian solicitor along with an email and cellular number for such individuals; and
(g) The details of any known contractual or other private arrangement between a pedestrian solicitor and an individual or entity that wishes to have food catered to a specific location on private land and which is open to the public. If this section is applicable, the permit application shall include the name and contact information of the individual or entity that wishes to have food catered on private lands as well as a copy of the contractual document or other private arrangement detailing the terms of the agreement.
(3) The Business License Division shall be authorized to investigate the truth of the facts set forth in the application. Each application shall be approved or denied within a reasonable amount of time.
(4) Permit Denial. Any permit applied for under the provisions of this chapter may be denied for any of the following causes:
(a) One of the departments or officers performing a review of the permit renewal application has recommended denial of, or the imposition of additional conditions upon, such permit.
(b) If the City finds that the applicant knowingly made any false, misleading or fraudulent statements of material fact in the application for the permit. (c) The applicant has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State or Federal law.
Exhibit I
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(d) Failure to comply with the requirements of this section or other provisions of the code by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(e) Fees, fines, or other penalties owing the City that are due and payable by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(5) Appeal Procedure. Written notice of denial, setting forth the grounds for denial, shall be served on the applicant. Any person aggrieved by a denial of a permit pursuant to this section may appeal such denial to the City Manager or designee pursuant to the procedures set forth in PMC 5.04.340. To seek an appeal, said person must submit a written request for an administrative hearing with a statement of why the denial did not merit any of the grounds for denial under subsection (D)(4) of this section to the City Clerk within 10 days after service of notice of the City Manager’s or designee’s decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing and a hearing shall be held pursuant to PMC 5.04.340 through 5.04.360. (6) Each permittee shall notify the Business License Division, in writing, within 10 business days of any change in the required application information under subsections (D)(1) and (D)(2) of this section.
(E) Suspension and Revocation of Permit.
(1) Any vehicle operator’s permit or pedestrian solicitor’s permit may be temporarily suspended or revoked by the Business License Division for any of the following reasons:
(a) Provision of false information on the permit application. (b) Failure of the permittee to notify the Business License Division within 10 business days of any change in the information supplied by the permittee upon which issuance of the permit was based, occurring subsequent to the issuance of the permit. (c) There is substantial evidence of a violation by the permittee, any employee, subcontractor of the permittee, or any other person acting on the permittee’s behalf, of this chapter or any other local, State, or Federal law constituting a misdemeanor or felony while in the course of conducting vending operations pursuant to the permit. (d) While in the course of vending, driving of a vehicle by a vendor not possessing a valid driver’s license, or operation of a vehicle found by police inspection to be unsafe and in violation of the Vehicle Code.
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(e) The permittee no longer operates in accordance with the information and documentation supplied in connection with the vehicle operator permit application set forth in subsection (D)(1) of this section.
(f) The permittee no longer operates in accordance with the information and documentation supplied in connection with the pedestrian solicitor permit application set forth in subsection (D)(2) of this section.
(g) The permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law. (h) Fees, fines, or other penalties owing the City that are due and payable by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(2) Appeal Procedure. Written notice of suspension or revocation, setting forth the grounds for suspension or revocation, shall be served on the offending permittee. The notice shall advise the permittee of the right to file a written appeal. Any person aggrieved by a suspension or revocation of a permit pursuant to this section may appeal such denial to the City manager or designee pursuant to the procedures set forth in PMC 5.04.340.
To seek an appeal, said person must submit a written request for an administrative hearing with a statement of why the suspension or revocation did not merit any of the grounds for suspension or revocation under subsection (E)(1) of this section to the City Clerk within 10 days after service of notice of the City Manager’s or designee’s decision.
Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing and a hearing shall be held pursuant to PMC 5.04.340 through 5.04.360. (3) No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
(4) Notices required or permitted to be served pursuant to this section may be served personally, or by mailing by certified or registered mail with proof of delivery at the residential address of record, or by licensed courier or delivery service with proof of personal delivery, or in any other manner provided by law. (F) Conditions and Prohibitions. It is unlawful for any pedestrian solicitor or vehicle operator to sell or offer for sale any goods, merchandise, or services upon any public street or private street open to the public, except in accordance with all applicable provisions of this code, all State and Federal laws and regulations, the terms of their City- issued permit, and in compliance with each of the following requirements:
Exhibit I
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(1) Information Made Available to the Public and City.
(a) Each vendor shall possess and at all times display in conspicuous view upon their person or upon each vehicle, as the case may be, the actual business name and telephone number, and a City business certificate issued pursuant to this title. (b) Each vendor shall possess and display, upon request by any potential customer or City representative, a vehicle operator’s permit or pedestrian solicitor’s permit issued pursuant to this chapter, or a full, true and correct copy thereof. (c) Each vendor causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit from the county health department required by law shall possess and present such required permits. Vendors must at all times display such required permits in conspicuous view upon such vehicle or have on their immediate person ready to present at all times.
(d) Each vendor who enters into a contractual or other private arrangement with an individual or entity that agrees to have food catered to a specific location on private land and which is open to the public shall possess and at all times display in conspicuous view upon their person or vehicle a copy of the contractual document or other private arrangement detailing the terms of the agreement along with the name and contact information of the individual or entity that agreed to have food catered on private lands. (e) Each vendor shall possess and wear upon their person a City-issued badge, issued in connection with this chapter.
(2) Location.
(a) Vending is permitted only on public streets or private streets open to the public, and is not permitted in or upon any alley, parkway, sidewalk, or other kind of public property.
Further, vending with a vehicle is not permitted in residential zones unless said vending is approved by the City in such zone in connection with a validly issued special event permit or temporary use permit, pursuant to PMC 17.27.030, prior to engaging in any residential vending.
(b) No vending shall be permitted within 50 feet of any intersection of two or more streets or any location that may impede a sidewalk or pedestrian traffic. (c) No vending shall be permitted within 1,000 feet of the front entrance of any public or private elementary, junior high, or high school.
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(d) No vending shall be permitted within 1,000 feet of the front entrance of any food establishment.
(e) No vending shall be permitted on City streets with a speed limit at or above 45 miles per hour.
(f) No vending shall be permitted at any public park unless the vending occurs as part of a City-sponsored function and the vendor has applied for and received a written endorsement on the operator permit expressly authorizing such vending. (g) No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
(h) No vending shall be permitted until the vehicle has been brought to a complete stop and lawfully parked adjacent to the curb.
(i) No vendor shall operate in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street. (j) Vehicle vending shall be only by means of a vehicle duly registered and licensed by the State with an unladen weight of less than 6,000 pounds. (k) All vending must ensure the safe and proper disposals of fats, oils, and greases (“FOGs”) and be in compliance with applicable disposal regulations, including Los Angeles County Code (LACC), Title 20, Division 2, other laws, regulations, and ordinances concerning proper disposal of FOGs and other industrial wastes and health and safety State, local, and Federal laws.
(3) Sanitation and Trash.
(a) Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by vending therefrom. (b) Each vendor shall pick up and deposit in the trash receptacle on the vehicle all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 50 feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator.
Exhibit I
Ordinance No. 1612
(c) Each pedestrian solicitor shall operate within 100 feet of a trash receptacle. (4) Operation – Hours, Amplified Sounds, Equipment, Prohibited Sales. (a) Vending is permitted only between sunrise and sunset in residential zones. (b) Any use of amplified sound-making devices, to advertise, draw attention to, or announce the presence of a vendor, shall also comply with all applicable noise and sound regulations effective within the City.
(c) No vending under this section may utilize chairs, tables, or other equipment unless City approval is given through an issued permit under this section. (d) It is unlawful for any vendor to sell any item or thing which is otherwise prohibited from being sold within the City, including, but not limited to, any goods or products not identified in the application for a vehicle operator’s permit or pedestrian solicitor’s permit. (5) Additional Regulations on Ice Cream Truck Vending.
(a) Safety and Sanitation.
(i) Each vendor shall ensure that the standard warning flashers shall be in operation immediately upon the vehicle stopping to vend and cease operation as the vehicle begins to move after vending.
(ii) Each vendor shall have signs painted or mounted on the front and back of each vehicle using black four-inch-tall letters on a yellow background with a black one-inch border around each sign. The sign on the front and back of each vehicle shall read “CHILDREN CROSSING” and be eight inches high by 48 inches wide. An additional sign or signs shall be painted or mounted on the rear of each vehicle above the first sign and shall read “WARNING” in English, Spanish, and Vietnamese, using the same size letter and paint requirements.
(iii) Each ice cream truck vendor shall pick up and deposit in the trash receptacle on the ice cream truck all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 50 feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator.
Exhibit I
Ordinance No. 1612
(iv) Each vendor shall have any other safety equipment and follow any other requirements mandated by the California Vehicle Code.
(b) Operation – Hours, Amplified Sounds, Location, Required Sales. (i) Hours. Ice cream truck vending is permitted only between sunrise and sunset. (ii) Amplified Sound Use by Ice Cream Truck Vendors. Any use of amplified sound-making devices, to advertise, draw attention to, or announce the presence of such vendor, shall also comply with all applicable noise and sound regulations effective within the City in addition to the following:
A. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck when the ice cream truck is stationary.
B. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck after sunset.
C. No person shall use, play or employ any sound, outcry, amplifier, production loudspeaker, or any other instrument or device for the production of sound from an ice cream truck in such a manner to create a disturbance of the peace. (c) Location.
(i) No vending from such vehicle shall be permitted on City streets with a speed limit above 25 miles per hour.
(ii) No person shall stop to vend from an ice cream truck within 200 feet of another ice cream truck that has already stopped to vend.
(d) Prohibited Sales. Ice cream truck vendors shall only sell frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks.
(G) Special Events. Nothing in this section shall affect the City’s ability to host, sponsor, allow, or authorize special events approved for vending purposes or with vending components. (Ord. 1606 § 5, 2023)
Exhibit I
Ordinance No. 1612
5.04.610 Private patrol service.
(A) Definitions. For purposes of this section, the following terms shall have the following meanings:
(1) “Patrol service” means a business establishment in which the operator agrees to furnish, for consideration, any watchman, guard, patrol officer, or other individual, either uniformed or otherwise, to patrol any portion of the City, to guard against or prevent theft, unlawful taking, loss, misappropriation of property of any kind, or to act as an escort for a funeral procession. Patrol service does not include a service provided to protect a single individual’s property where the person furnishing such service is employed solely by such individual.
(2) “Patrol officer” means a person engaged by a private patrol service to perform the functions described in subsection (A)(1) of this section. (B) Permit Exemptions. Private patrol officers shall not be required to obtain a permit or to pay a permit fee. However, they must register with the Director and provide the Director with a photostatic or certified copy of their registration with the state pursuant to the State Private Investigator Act. If a private patrol officer does not have proof of current registration, then he or she must register with the City upon a form prescribed by the Sheriff’s Department. No fee shall be charged for such registration. (C) Application Information. In addition to the requirements set forth in PMC 5.04.140, an application for a private patrol service permit shall include the following information, as applicable:
(1) A map of the district, territory or area proposed to be served by the patrol service; (2) A description of the proposed methods of operation; (3) A description of any criminal offenses, other than traffic violations, committed by the applicant;
(4) A photostatic or certified copy of the applicant’s state identification card issued pursuant to the State Private Investigator Act;
(5) A description of the areas of public or private property upon which the applicant intends to park vehicles used in the operation of the business; Exhibit I
Ordinance No. 1612
(6) A description of the color scheme and insignia to be used on any patrol vehicles along with color photographs depicting the front, rear and both sides of such vehicles; (7) A description of the color and design of the uniforms to be worn by any patrol officer employed by the applicant, along with color photographs depicting the front and sides of such uniform;
(8) A description of the badge to be worn by any patrol officer employed by the applicant, along with color photographs depicting the color, shape and size of the badge; (9) A statement regarding the number of vehicles the applicant intends to use for patrol, their make, model, vehicle identification number, and license number; and (10) A current list of the names, addresses and physical descriptions of all of the applicant’s employees.
(D) Operating Requirements.
(1) Badges.
(a) Each patrol service permittee shall issue a patrol officer’s badge to each of its patrol officers. Every patrol officer shall wear the badge while acting as a patrol officer and shall wear no other badge of any kind, character or description. (b) The permittee shall not sell, or permit the sale of, any patrol officer’s badge or any badge of a design that is the same as, or so similar to, the patrol officer’s badge that the buyer thereof would be mistaken for a private patrol officer employed by the permittee when, in fact, the buyer is not.
(2) False Identification.
(a) No patrol officer shall wear any uniform which is an imitation of, or can be readily mistaken for, an official Sheriff’s uniform or an official uniform of the police department of any city within the County, or an official uniform of any state officer, nor shall the words “POLICE” or “SHERIFF” appear on any badge, emblem, or uniform worn by such patrol officer.
(b) No patrol officer shall assume or use a rank or title identical, or similar to, any rank or title used by the Sheriff or by any police department within the County.
Exhibit I
Ordinance No. 1612
(c) No patrol service shall use, bestow or permit any patrol officer to assume or use any rank or title identical or similar to any rank or title used by the Sheriff or by a police department within the County.
(3) Motor Vehicle Markings. Motor vehicles used by a private patrol service or private patrol officer shall not bear markings or insignia that resemble the markings or insignia on official Sheriff’s Department or Police Department motor vehicle, nor shall the words “POLICE” or “SHERIFF” appear on such markings or insignia. (4) Conduct.
(a) An operator, partner, agent or patrol officer shall not, either alone or through the action of another, harass, annoy or commit a nuisance against or injure the property, or unnecessarily enter or otherwise trespass upon the property, of any person whose property the private patrol service or private patrol officer is not employed to protect. (b) All complaints regarding the activities of a patrol service or of a patrol officer employed by such service shall be investigated by the Sheriff. Reports of such complaints shall be retained in the files of the Sheriff and shall be subject to inspection by the City Manager, the Director, or the City Council at all times.
(5) List of Customers. Each private patrol service shall keep a list of all customers and the private patrol officers assigned to guard or patrol such customers’ premises. Such list shall be open to inspection by the Sheriff’s Department. (6) Report of Law Violations. No permittee under this section shall perform official police duties. The permittee shall ensure that every violation of law and every unusual occurrence coming to the permittee’s attention or to the attention of its patrol officers in the performance of their duties is immediately reported to the Sheriff’s Department. (Ord. 898 § 2, 1990)
5.04.620 Family entertainment center.
(A) Definitions. For purposes of this section, the following words shall have the following meanings:
(1) “Concession” means each ride, arcade booth, game, eating place, or other public attraction which is part of a family entertainment center, as defined in this section. (2) “Family entertainment center” means a business enterprise providing one or more amusement rides or activities provided to the general public for which a fee or payment Exhibit I
Ordinance No. 1612
may be charged for entry into the location, or participation on any of its rides, or in any of its activities, which is a permanent use rather than a temporary use as included in Section
27.03 of the Palmdale zoning ordinance. These rides and activities include but are not limited to the following: mini-car racing, bumper boats, bumper cars, carousels, ferris wheels, roller coasters or other similar mechanical apparatus or rides; water slides and similar water rides; ice skating or roller rinks; batting cages, miniature golf, or miniature soccer fields; BMX race tracks or bicycle course facilities; skateboard, roller blading or skating facilities; lazer tag and other interactive or virtual reality games (excluding video games and video arcades); games or tests of strength, skill or other capacity (excluding games of chance).
(B) General Requirements.
(1) Scope of Permit. A permit to operate a family entertainment center entitles the permittee to operate and manage the entire family entertainment center. It may also authorize the permittee to operate family entertainment center concessions; provided, that the concessions are specified in the application for the permit, or in an addendum thereto.
(2) Application Information.
(a) In addition to the information required by PMC 5.04.140, every person applying for a business permit to operate, conduct, or manage a family entertainment center shall file an application with the Director which shall contain the following information:
(i) If a corporation, the applicant shall provide a copy of its articles of incorporation; (ii) A detailed description of the type of family entertainment center, manner of operation and hours of operation of the family entertainment center, including concessions; (iii) A list of the names of all agents and employees involved in the operation and management of the family entertainment center or in the conduct of any concession; (iv) A detailed schedule of the concessions to be operated by the applicant at the family entertainment center, including the various fees to be charged, the names of the persons in charge of each concession, and the rules for the operation of each such concession; (v) Copies of all contracts, agreements, or other written memoranda between the applicant and any other person with respect to the operation of each concession; Exhibit I
Ordinance No. 1612
(vi) A detailed description of the mechanical devices or equipment owned by or under the control of the applicant to be used in the operation of the family entertainment center or concession;
(vii) Copies of all policies and binders of liability insurance, including, but not limited to, vehicle, public, product and professional, and workers’ compensation insurance held by the applicant;
(viii) Copies of the applicant’s rules and regulations governing the operation of the family entertainment center or concession;
(ix) A statement that the applicant agrees to operate the family entertainment center or concession in strict accordance with the provisions of this section and all other applicable laws, and assumes full responsibility for the lawful and safe operation of the family entertainment center or concession.
(b) The application for permit shall be filed at least 60 days prior to the commencement of any family entertainment center.
(3) Security Plan Required. The applicant shall submit a detailed security plan which describes the proposed interior and exterior security measures applicable to the proposed business including, but not limited to, security guards, alarms, surveillance cameras and/or metal detectors.
(4) Emergency Plan Required. The applicant shall submit a detailed emergency plan which describes the actions to be taken in the event of a disaster or accident, including emergency medical care and evacuation procedures.
(5) Manager Required. A family entertainment center shall provide one or more managers, pursuant to PMC 5.04.050, to oversee the operation and orderly use of the games in the game arcade. Such manager(s) shall be on the premises of the family entertainment center during all hours that it remains open. (6) Current Supplementary Information Required. The applicant or permittee shall be required to keep current the information required on the application for a family entertainment center or concession permit by supplementing or modifying the information to maintain its accuracy. Supplementary information shall include, but is not limited to, revised hours of operation of the family entertainment center or concessions; new or otherwise undisclosed agents and employees involved in the operation of the family entertainment center or concessions; and new or otherwise undisclosed concessions to be presented at the family entertainment center.
Exhibit I
Ordinance No. 1612
(7) Prior to Commencing Operation. The applicant shall obtain all City approvals, including approval of an occupancy review form and issuance of a business permit, prior to commencing operation of the family entertainment center. (C) Operating Requirements.
(1) Responsibilities of Permittee. The family entertainment center permittee shall be responsible for the manner in which all rides, games and other concessions allowed under the family entertainment center permit are conducted. A family entertainment center concession permittee is similarly responsible for the operation of each concession for which it is permitted.
(2) Posting of Regulations. All rules pertaining to the operation of any ride, game, or other concession must be posted conspicuously at the location of the ride, game, or other concession. The fee for participating or otherwise engaging in any ride, game, or other concession must also be conspicuously posted.
(3) Maintenance of Equipment. All equipment, including mechanical equipment and rides, racing and obstacle courses shall be maintained in a good state of repair. No equipment shall be used unless fully operational and/or functional. (4) Alcoholic Beverages or Drugs. No person may enter, remain in, or engage in any ride, game or other concession while in possession of, consuming, using or under the influence of any alcoholic beverage or controlled substance. With respect to alcoholic beverages, consumption of alcoholic beverages may only be permitted within designated locations, as approved by the City, subject to all applicable permits for alcohol uses. (5) Concessions – Operation Requirements.
(a) All players or participants in any game or other concession must be given an equal opportunity to play or participate. Prior to allowing any person to play or participate in any game or other concession, the concession operator shall collect the posted fee and return the proper change to the player or participant, if applicable. The concession operator shall not collect for more than a single game from any player or participant at any one time. (b) No concessions other than those submitted to and approved by the Director shall be played, conducted, permitted, or allowed at the family entertainment center location. (c) Any packaged merchandise distributed as a prize shall be plainly marked and its contents described conspicuously. Only items of merchandise that can actually be won Exhibit I
Ordinance No. 1612
by any player may be displayed in conjunction with any game or other concession. No other merchandise or prize shall be displayed.
(6) Game of Chance Prohibited. Games of skill may be permitted under a family entertainment center or concession permit. Games of chance are prohibited. (D) Operating Hours. A family entertainment center or concession may only operate between the hours of 7:00 a.m. and 10:00 p.m. on Sunday through Thursday, and no later than 12:00 midnight on Friday and Saturday, unless otherwise approved by the City. (E) Insurance Requirements. Every applicant for a family entertainment center permit shall obtain and maintain in full force and effect public liability insurance in conformance with PMC 5.04.240. The liability coverage shall not be less than the amount of $1,000,000. (Ord. 1117 § 5, 1997; Ord. U-1117 § 5, 1997; Ord. 898 § 2, 1990)
5.04.650 Solicitation for charitable purposes.
(A) Defined Terms. The following terms and phrases are defined in subsection (G) of this section: “charitable organization,” “charitable purpose,” “contribution,” “sales solicitation for charitable purposes,” “solicit,” and “solicitation for charitable purposes.” (B) Applicability of Exceptions.
(1) Any person who solicits any contribution, admission fee, or payment of any kind, even if exchanged for items or services of value, in any manner that would lead a reasonable person to believe that any portion of the contribution, admission fee, or payment solicited will be used for the benefit of or on behalf of any law enforcement, fire, paramedic or other governmental agency, or for or on behalf of employees of those agencies or their dependents, must comply with the provisions of this section as if those solicitations were for contributions for charitable purposes, or in the name of, or on behalf of, a charitable organization.
(2) Any person who for compensation received, or to be received, solicits, or is engaged in the business of, or represents to the public it is engaged in the business of soliciting contributions, admission fees, or payments in a manner described in subsection (B)(1) of this section on behalf of any other person or organization must comply with the provisions of this section as if that person was a commercial fundraiser for charitable purposes. (3) The provisions of this section do not apply:
(a) To activities which the City is preempted from regulating by state law; Exhibit I
Ordinance No. 1612
(b) To any solicitation made upon premises owned or regularly occupied by the organization upon whose behalf the solicitation is made; (c) To any organization soliciting contributions solely from persons who are members of that organization at the time of the solicitation;
(d) To any organization soliciting contributions solely from members, guests, or invitees attending a charitable fundraising event sponsored by or on behalf of that organization; (e) To any solicitation for the assistance or relief of any individual specified by name at the time of the solicitation where the solicitor represents in each instance that the entire amount collected, without any deduction or offset, will be delivered to the named beneficiary;
(f) To funds raised as authorized by Section 326.5 of the California Penal Code relating to bingo games;
(g) To the activities of any organization, or any person engaged by or under its authority, in soliciting donations of salvageable personal property solely from members of that organization, or in selling salvageable personal property obtained from the organization’s members by that soliciting, or the soliciting and sale of salvageable personal property by an organization for occasional rummage sales or bazaars where that activity does not constitute a major part of the organization’s activities and is not conducted as a permanent or continuous operation. This exemption also applies to an association which is exempt under Section 23701d or 23701f of the Revenue and Taxation Code if the membership of the association is comprised of persons with physical, mental or developmental disabilities and the primary purpose of the association is to provide services to persons with those disabilities.
(C) Application for Permit – Filing of Notice of Intention. (1) No person may solicit in the City, and no person may authorize another person to solicit, any contribution for any charitable purpose, or in the name of, or on behalf of, any charitable organization, unless at least 15 days prior to the commencement of that solicitation a written notice of intention to solicit charitable contributions is filed with the Director on a form provided by the Director. The Director may, for good cause shown, allow the filing of a notice of intention less than 15 days prior to the commencement of the solicitation. The notice of intention may identify multiple solicitations of charitable contributions that are proposed to be made during any period of time not exceeding 12 months. The notice of intention must be accompanied by any filing fee in the amount established by resolution of the City Council.
Exhibit I
Ordinance No. 1612
(2) The notice of intention must contain the following information:
(a) The full legal name, principal business address, local business address (if any) and telephone number of the charitable organization by or on behalf of which the solicitation will be conducted. The notice of intention must be signed under penalty of perjury by an officer, employee or authorized agent of the named charitable organization. If the authorized agent is a commercial fundraiser for charitable purposes, as defined in subsection (G) of this section, the following supplemental information must be submitted:
(i) The original or a certified copy of the resolution, agreement, letter of consent, or similar documentation which authorizes the agency relationship between the named charitable organization and the commercial fundraiser for charitable purposes, (ii) A statement as to whether the authorized agent is currently registered with the California Attorney General’s Registry of Charitable Trusts and is in compliance with the financial reporting requirements of Government Code Section 12599 and has posted the cash deposit or surety bond in the sum of $25,000 as required by Government Code Section 12599.5,
(iii) A statement as to whether the authorized agent has obtained a City business license under Chapter 3.44 PMC;
(b) A proposed form of information card or, in the alternative, a copy of other printed material, such as a solicitation brochure, which the applicant will exhibit or distribute to prospective donors or purchasers during the course of the solicitation. Information on that card or other printed material must be presented in at least 10-point type and must include the following, as applicable:
(i) The name and principal business address of the organization, on behalf of which all or any part of the contributions collected will be used for charitable purposes. If there is no organization, the manner in which the contributions collected will be used for charitable purposes,
(ii) The non-tax-exempt status of the organization or fund, if the organization or fund for which the contributions are being solicited does not have a charitable tax exemption under both federal and state law,
(iii) The estimated percentage of the total contribution which may be deducted as a charitable contribution under both federal and state law. If no portion is deductible, a statement must appear that: “This contribution is not tax deductible.”, Exhibit I
Ordinance No. 1612
(iv) The estimated amount, stated as a percentage of the total contribution, that will be used for charitable purposes,
(v) If a commercial fundraiser for charitable purposes is to be engaged, and is to be paid a set fee rather than a percentage of the total amount raised, a statement of the estimated total cost to be incurred for direct fundraising expenses, (vi) If the solicitation is not a sales solicitation, the applicant may include a statement, in lieu of estimating the total amount of fundraising expenses to be incurred, that an audited statement of these fundraising expenses may be obtained by contacting the organization or fund at the address disclosed;
(c) Documents from the Internal Revenue Service and the California Franchise Tax Board which establish the tax-exempt status of the named charitable organization; (d) The names, addresses and telephone numbers of the principal officers and members of the board of trustees or board of directors of the named charitable organization; (e) The purpose for which the solicitation is to be made, the total amount of contributions proposed to be raised, and the use or disposition to be made of the contributions received from the solicitation;
(f) A description of the method or methods to be used in conducting the solicitation; (g) The name, residence address and telephone number of the person or persons who will be in direct charge of and responsible for conducting the solicitation; (h) The name, residence address and telephone number of each solicitor who, for monetary compensation, will participate in the solicitation and to whom an identification card will be issued by the Director in accordance with subsection (D)(8) of this section. If these solicitors are employed by or under the control of a commercial fundraiser for charitable purposes registered with the California Attorney General, evidence must be submitted that the named solicitors and the commercial fundraiser for commercial purposes possess a City business license under Chapter 3.44 PMC. If the solicitation will be conducted solely by regular employees of the named charitable organization, or by members or volunteers of that charitable organization who will not be paid any monetary compensation, then the Director may waive the disclosure requirement of this subsection and may authorize the named charitable organization to issue its own identification cards to its solicitors in the format specified in subsection (D)(8) of this section; Exhibit I
Ordinance No. 1612
(i) A description of the nature and extent of charitable work being performed in the City by the named charitable organization.
(3) If, during the period for review of the notice of intention, or during the terns of any permit issued for the solicitation, there is any significant change in fact, policy or method that would alter the information set forth in the notice of intention, the applicant must notify the Director in writing within 48 hours after that change. (4) All information set forth in the notice of intention, and any additional information provided by the applicant relating to that notice, will be a matter of public record and will be open to public inspection.
(D) Issuance of Permit and Identification Cards – General Provisions. (1) Review of Notice of Intention. The Director must review the notice of intention filed under subsection (C) of this section. The applicant must make available for inspection, upon the Director’s request, all of the applicant’s financial books and records at any reasonable time before the permit is issued, during the time the permit is in effect, or after the permit has expired. The Director may inspect those financial books and records solely for the purpose of verifying the truth and accuracy of the information contained in the notice of intention, or the truth and accuracy of any representation made by the permittee with regard to any solicitation conducted under this section. (2) Issuance of Permit. The Director must issue a permit to the applicant no later than 15 days after the filing of a notice of intention unless any of the following deficiencies exist which have not been corrected following written notification by the Director to the applicant of that deficiency:
(a) The notice of intention is incomplete or otherwise fails to disclose the information required by subsection (C)(2) of this section;
(b) A statement made in the notice of intention is factually incorrect. (3) Authority of the Director. Nothing in this section is to be construed as conferring upon the Director, or upon any other person, the authority to grant, deny, revoke, renew or suspend any permit by reason of either approval or disapproval of the philosophy, opinions, or beliefs of the applicant, their permittee, or the person represented by the applicant or permittee, or for any other reasons not specifically set forth in this section. (4) Form of Permit. Permits issued under this section must bear the name, address and telephone number of the person to whom the permit is issued, the name and address of the charitable organization by or on behalf of which the solicitation is to be conducted, the Exhibit I
Ordinance No. 1612
number of the permit, the date issued, the dates within which the permittee may solicit, and a statement that the permit does not constitute an endorsement of the solicitation by the City, or by any of its departments, officers or employees. The Director must sign all permits.
(5) Term of Permit. Unless renewed, revoked or suspended in accordance with the provisions of this section a permit is valid for a period of 30 days, and if the permit authorizes multiple solicitations, it may be valid for a period of up to 12 months. (6) Permit Nontransferable. No permit issued under this section is transferable or assignable.
(7) Renewal of Permit. Upon the expiration of any permit, and if requested in writing so to do, the Director will renew the permit within 10 days of that request if the factual information upon which the original permit was granted remains unchanged, and no violation of this section has occurred. The Director may require that a new notice of intention be filed in accordance with the provisions of this section. (8) Identification Cards.
(a) Form of Identification Card. Upon issuance of the permit, the Director will issue an identification card to each solicitor named in the application who, for compensation, will participate in the solicitation. The identification card must bear the permit number, the expiration date of the permit or the name and address of the permittee, the name and address of the charitable organization which is represented (if different from the named permittee), and the photograph, name of the solicitor, and state that the solicitation is not in any manner an endorsement by the City, or by any department, officer or employee of the City. If the solicitation will be conducted solely by regular employees of the named charitable organization, or by members or volunteers of that charitable organization who will not be paid any monetary compensation, then the Director may authorize the permittee to issue its own identification cards to its solicitors. Unless otherwise authorized by the Director, these identification cards must bear the permit number, the expiration date of the permit, the name of the solicitor and the name and address of the permittee. (b) Display of Identification Cards. No person may solicit any contributions unless the identification card is affixed to the solicitor’s clothing in a conspicuous manner so that any person being solicited may observe the identification card and its contents. The identification card must either be read to or presented for inspection by the person solicited before any contribution is requested, offered or accepted.
Exhibit I
Ordinance No. 1612
(c) Disposal of Identification Cards. Upon expiration of the permit, or upon the earlier termination of the authorized solicitation, the permittee must collect and destroy all identification cards previously issued by the City to the permittee’s solicitors. At all times, these identification cards remain the property of the City. Identification cards issued by an authorized permittee to its employees, members or volunteers must be collected from the solicitors and disposed of.
(E) Operating Requirements.
(1) Time of Solicitation. It is unlawful for a solicitor, agent or representative of any permittee to go upon any residential premises after 8:00 p.m., or earlier than 9:00 a.m., for the purpose of solicitation, unless the permittee has been explicitly requested or invited to do so by the owner or occupant of the residential premises. Nothing herein may be construed to grant any person permission to enter upon any private property at any time without the express consent of the owner or occupant of that property. (2) Written Receipts Required. Any permittee, or any solicitor, agent or representative of a permittee, receiving money or any other contribution having a value of $5.00 or more from any donor or purchaser following a solicitation authorized by a permit must deliver to the donor or purchaser, upon request, a written receipt signed by the solicitor, showing plainly the name and permit number of the permittee conducting the solicitation, the date, and the amount received; but this requirement does not apply to contributions from anonymous donors collected by means of a closed receptacle or collection box used in a solicitation authorized by a permit issued by the Director if (i) there is attached to the receptacle or box a copy of the information card or other written material approved by the Director; and (ii) the receptacle or box bears a number or other identification mark; and (iii) a written list showing the location and name of the solicitor in charge of each receptacle or box has previously been filed with the Director in connection with an authorized solicitation.
(3) Manner of Solicitation. It is unlawful for a permittee, or for a solicitor, agent or representative of a permittee, to engage in any of the following activities:
(a) To solicit members of the public by direct personal contact without an identification card duly issued by the Director to a solicitor named in the permittee’s notice of intention, or by a charitable organization authorized by the Director to issue identification cards to its solicitors;
(b) To solicit members of the public by direct personal contact without exhibiting or distributing the information card, or other printed material, such as a solicitation brochure, Exhibit I
Ordinance No. 1612
in the form set forth in the notice of intention and authorized by the permit issued by the Director;
(c) To solicit a contribution for or on behalf of any charitable organization which does not maintain financial records on the basis of generally accepted accounting principles; (d) To allow any child under the age of 10 years to solicit a charitable contribution unless accompanied by a person who is 18 years of age, or older, and who keeps that child at all times within that person’s sight and hearing;
(e) To solicit a contribution by telephone unless the solicitor delivers to any person who so requests, a copy of the information card or other printed material, approved by the permit issued by the Director;
(f) To solicit upon or within any private property, dwelling, house, apartment, condominium, place of abode, or place of business, where there is a posted sign stating, in effect, that its owners or occupants do not desire to be solicited or to have their privacy disturbed, such as “No Solicitors or Canvassers,” “No Solicitations,” or “Do Not Disturb”; (g) To touch, come into physical contact with, or affix any object to the person of any prospective contributor, or other member of the public, in furtherance of any solicitation authorized by this section, without first obtaining explicit permission to do so from that prospective contributor or member of the public;
(h) To continue the solicitation of any prospective contributor or other member of the public after that person, by verbal or nonverbal means, expresses a desire not to make a contribution;
(i) To obstruct or impede the free movement of any person on any street, sidewalk or public right-of-way, or in any place generally open to the public, including parking lots; (j) To solicit from a “captive audience,” which term includes intentionally stationary persons, such as persons standing in lines or seated in public areas; (k) To intimidate, coerce, force or extort a contribution from any person, or to threaten any injury or damage to a person who declines to be solicited or declines to make a contribution;
(l) To solicit a contribution from any person by means of a misrepresentation of any kind concerning the solicitor’s name, occupation, physical or mental condition, financial condition, residence, or principal place of business;
Exhibit I
Ordinance No. 1612
(m) To make or cause to be made any misstatement of fact or fraudulent misrepresentation in connection with the solicitation of any contribution in the City, or in connection with any application or report required to be filed under this section; (n) To solicit a contribution using a name, symbol, trademark, logo, service mark, or other identification so closely related to, or similar to that used by, another charitable organization that its use would tend to confuse or mislead a prospective contributor or any other member of the general public;
(o) To solicit a contribution using statements, materials, or other means of inducement which indicate that contributions are being raised for any charitable organization which has not, in fact, provided to the Director evidence of its express written consent to the solicitation of those contributions;
(p) To stand upon or within any public street, highway or median, for the purpose of soliciting or attempting to solicit a contribution from the driver or passengers of any vehicle;
(q) To solicit, or attempt to solicit, any contribution in any manner prohibited by the provisions of Chapter 10.04 PMC, or any other applicable ordinances or statutes; (r) To place or to leave at any residence or place of business any solicitation brochures, fliers, or other printed matter, or any bags, containers, or other receptacles for new or used goods or merchandise, without adequately securing that printed matter or those receptacles in such a manner as to prevent them from creating litter or visual blight in the immediate vicinity.
(4) Disclosure by Commercial Fundraisers for Charitable Purposes. A permittee, or any solicitor, agent or representative of a permittee who, for compensation, solicits contributions in the City for charitable purposes must disclose prior to an oral solicitation or sales solicitation made by direct personal contact, radio, television or telephone, or at the same time as a written solicitation or sales solicitation:
(a) That the solicitation or sales solicitation is being conducted by a commercial fundraiser for charitable purposes; and
(b) The name of the commercial fundraiser for charitable purposes as registered with the California Attorney General pursuant to Section 12599 of the Government Code. (5) Report May Be Required from Permittee. The permittee may be requested to file with the Director a financial report setting forth the amount raised by the solicitation, the Exhibit I
Ordinance No. 1612
amount expended in conducting the solicitation, including a report of the wages, fees, commissions, and expenses paid to any person in connection with the solicitation, and the actual or proposed disposition of the balance of any funds collected during the solicitation. The permittee may also be required by the Director to make available for inspection all financial books, records, receipts and other documents whereby the accuracy of the required financial report may be verified. The filing requirement must be imposed by the Director, if at all, within 60 days after the earlier of the expiration of the permit or the termination of the authorized solicitation. The required financial report must be filed within 60 days after the Director’s request.
(F) Summary Suspension of the Permit. Whenever it is shown that any person to whom a permit has been issued is in violation of any provision of this section, or that any solicitor, agent or representative of a permittee has misrepresented the purpose of the solicitation, the Director is authorized to immediately suspend the permit. The Director must either send by registered mail or personally deliver to the permittee written notice of the suspension, stating with specificity the reasons for suspension. The Director must forthwith notify the Sheriff’s Department, and also report the suspension to the City Council at the next regular meeting of that body following the action. The permittee may appeal the suspension in the manner specified by PMC 5.04.340. (G) Definitions. For the purposes of this section, the following terms have the following meanings:
“Charitable organization” means and includes any individual who, or any nonprofit community organization, patriotic, philanthropic, benevolent, educational, religious, fraternal, civic, cultural or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes.
“Charitable purpose” means and includes an activity, function or objective which would qualify an organization, association, corporation, or other legal entity for tax-exempt status under Article 1, Chapter 4, Part 11, Division 2 of the California Revenue and Taxation Code (Section 23701 et seq.), regardless of whether that tax-exempt status has actually been established.
“Commercial fundraiser for charitable purposes” means any individual who, or any corporation or other legal entity which, for compensation does either of the following:
solicits funds, assets, or property in the City for charitable purposes; or as a result of a solicitation of funds, assets, or property in the City for charitable purposes, receives or controls the funds, assets, or property solicited for charitable purposes. This term does not include: (i) a “trustee” as defined in Section 12582 or 12583 of the Government Code; Exhibit I
Ordinance No. 1612
(ii) a “charitable corporation” as defined in Section 12582.1 of the Government Code, or any employee thereof; (iii) an individual who is employed by or under the control of a commercial fundraiser for charitable purposes registered with the California Attorney General; or (iv) any federally insured financial institution which holds as a depository funds received as a result of a solicitation for charitable purposes. “Contribution” means and includes a pledge, gift or donation of food, clothing, money or property, as well as any donation under the guise of a loan of property or money. “Sales solicitation for charitable purposes” means the sale of, offer to sell, or attempt to sell any advertisement, advertising space, book, card, chance, coupon device, magazine subscription, membership, merchandise, ticket of admission, or any other thing or service in connection with which: (i) any appeal is made for charitable purposes; or (ii) the name of any charitable organization is used or referred to in that appeal as an inducement for making the sale; or (iii) any statement is made to the effect that all or any part of the proceeds of the sale will go to any organization or be used for any charitable purposes. “Solicit,” or any of its derivatives, means to request, directly or indirectly, a contribution of money, credit, property, financial assistance, or other things of value upon the plea or representation, express or implied, that such money, credit, property, financial assistance, or other things of value will be used by a charitable organization or for a charitable purpose. The term “solicit” also means any of the following methods of obtaining money, credit, property, financial assistance, or other things of value upon the plea or representation, express or implied, that such will be used by a charitable organization or for a charitable purpose: (i) any verbal or written request; (ii) an announcement to the media for further dissemination by it concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, or social gathering, which the public is requested to patronize, or to which the public is requested to make a contribution for any charitable purpose connected with that event; (iii) the distribution, circulation, mailing, posting or publication of any handbill or other written advertisement which, directly or by implication, seeks contributions from the public for one or more charitable purposes, unless that handbill or other written advertisement has been placed within a business open to the public generally and with the express permission of the owner or operator of that business; or (iv) the placement in any public or private place of any box or receptacle for the purpose of receiving contributions. A solicitation, as herein defined, is deemed completed when made, whether or not the person making it receives any contribution or makes any sale referred to in this section.
“Solicitation for charitable purposes” means any request, plea, entreaty, demand, or invitation to give money or property, in connection with which: (i) any appeal is made for Exhibit I
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charitable purposes; or (ii) the name of any charitable organization is used or referred to in that appeal as an inducement for making the gift; or (iii) any statement is made to the effect that the gift, or any part of it, will go to any charitable organization or be used for any charitable purpose. (Ord. 1069 § 2, 1995)
5.04.660 Taxicab business.
(A) Definitions. For the purposes of this section, the following terms shall have the following meanings:
(1) “Director” means the Director of Economic and Community Development or his or her designee.
(2) “Owner” or “taxicab owner” means the person, firm, association or corporation who is registered with the California Department of Motor Vehicles (“DMV”) as the owner of a vehicle or vehicles used in the transportation of persons for compensation, or who has a legal right to possession of such vehicle pursuant to a lease or rental agreement. The act or omission of any owner’s officer, agent, employee or independent contractor, or of any driver whose services are engaged by any of the above, is for all purposes the act or omission of the owner operating the for-hire transportation services regulated by this chapter.
(3) “Person” means any natural person, firm, corporation, partnership, joint venture, or association of persons.
(4) “Stand” or “taxicab stand” means a public place alongside the curb of a street or elsewhere in the City, which has been designated by the City Engineer, or his or her designee, to be reserved exclusively for the use of taxicabs. (5) “Substantially located” shall have the same meaning as defined in Government Code Section 53075.5, as amended from time to time.
(6) “Taxicab” means a passenger vehicle, designed for carrying not more than eight persons, excluding the driver, used to transport persons for compensation on public streets; the compensation for which is determined by a taximeter or flat rate which determines a charge for distance traveled and/or time expended. (7) “Taximeter” means any instrument or device approved for use under the applicable laws of the state, which mechanically or electronically calculates the charge for the use of a taxicab.
Exhibit I
Ordinance No. 1612
(B) Taxicab Business Permit Requirements.
(1) No owner of a taxicab business that is substantially located in the City shall operate or permit the operation of a taxicab as a vehicle for hire on the streets of the City without having obtained from Director a taxicab permit pursuant to the provisions of this section. (2) A taxicab company substantially located and permitted by another city within Los Angeles County or by the County of Los Angeles may only provide prearranged trips in the City. “Prearranged trip” means a trip requested using an online enabled application, dispatch, or internet website.
(C) Application. In addition to the information required by PMC 5.04.140, applications for a taxicab business permit shall contain the following information, as applicable:
(1) The name, residence, business address and telephone number of the applicant; (2) The fictitious business name, if any, under which the applicant does business or proposes to do business;
(3) The name and address of all directors, officers, shareholders, partners, employees or other individuals who are financially interested in the proposed operation of the taxicab business or who are involved or proposed to be involved, directly or indirectly, with the management of the business;
(4) Data verifying that the taxicab company is substantially located within the City to include the business address and the trip data showing that the total number of prearranged and non-prearranged trips that originate within City’s jurisdiction account for the largest share of the taxicab company’s total number of trips over the previous calendar year;
(5) The number of vehicles for which a permit is desired, the description of each vehicle, giving the license number, vehicle identification number, model, make, year of manufacture and passenger seating capacity;
(6) The color scheme, name, monogram or other distinguishing insignia proposed to be used on each vehicle;
(7) The make and type of taximeter intended to be used in each taxicab; (8) The street number and exact location of each taxicab stand which the applicant proposes to use (if any);
Exhibit I
Ordinance No. 1612
(9) The proposed schedule of rates or fares to be charged; (10) Evidence of participation in, and compliance with, a mandatory controlled substance and alcohol testing certification program, as required in subsection (G) of this section; (11) The experience of the applicant in the transportation of passengers; (12) Whether any license, permit or certificate issued to the applicant has been denied, revoked or suspended by any public organization. The circumstances of said denial, revocation or suspension shall be fully explained;
(13) Whether the applicant has been convicted of a crime within five years prior to the date of the application, including the nature of the crimes; and (14) Such additional information as the Director deems necessary. (D) Investigation by Sheriff’s Department. The following procedure shall be followed prior to the approval of a taxicab permit:
(1) Referral to Sheriff’s Department. Following receipt by the Director of a completed application for a taxicab permit, the Director shall refer the application to the Sheriff’s Department. The Sheriff’s Department shall conduct an investigation of the applicant and submit a report to the Director concerning the following:
(a) The character, reputation and integrity of the applicant and those individuals named in the application who are or will be affiliated with the applicant. (b) Whether the vehicles proposed to be operated are adequate for the purpose intended, are equipped with all safety devices required by law, and will have an approved make of taximeter.
(2) The Director shall not issue a taxicab permit unless the applicant demonstrates:
(a) That the vehicles described in the application and proposed to be used as taxicabs are adequate and safe for such purpose;
(b) That the color scheme, monogram, name or insignia proposed to be used upon such taxicabs is not in conflict with and does not imitate any color scheme, name, monogram or insignia used by any other person in such manner as to mislead or tend to deceive or defraud the public; and that no other color scheme, monogram, name or insignia has heretofore been designated for the applicant;
Exhibit I
Ordinance No. 1612
(c) That the location of the proposed taxicab stand or stands for such business is such that it or they will not congest or interfere with travel on any street or the use thereof by the public, and that the proposed stands are not within 300 feet of any other stand on the same street.
(3) Grounds for Denial of Permit. In addition to the grounds for denial set forth in PMC
5.04.200, the Director may deny a permit if any of the standards required by subsection (D)(2) of this section are not met.
(E) General Procedures.
(1) Modification of Permit. A permit holder may request a modification to their permit by submitting a new permit application pursuant to this chapter. (2) Transfer of Permits Prohibited. No taxicab permit may be sold, assigned, mortgaged or otherwise transferred without the prior consent of the Director. (3) Duration of Permits. The initial taxicab permit issued hereunder to any applicant shall be valid for a period of one year. Thirty days prior to the expiration of the one-year period, the permittee may submit an application for a new permit, accompanied by all applicable fees, which application shall likewise be subject to the requirements of this section. (4) Discontinuance of Service Automatically Cancels Permit. If the service for which a permit is granted hereunder is discontinued for a period of 45 days, the permit granted hereunder shall automatically be null and void and shall be reissued only in accordance with the provisions of this section.
(F) Taxicab Driver’s Permit Required.
(1) No person shall operate any taxicab in the City unless the person has a valid taxicab driver’s permit to do so as hereinafter provided. The taxicab driver’s photo permit shall be posted in a place conspicuous from the passenger’s compartment of the taxicab. (2) A taxicab driver substantially located and permitted by another city within the County or by the County may operate in the City on a prearranged basis only. That driver may pick up trips originating through online enabled application, phone dispatch, or internet website.
(3) Application Information. Notwithstanding PMC 5.04.140, the application for a taxicab driver’s permit shall contain the following information, as applicable:
Exhibit I
Ordinance No. 1612
(a) The applicant’s full name, address, telephone number and age; (b) The applicant’s last two previous addresses;
(c) The applicant’s business, occupation or employment for the three years immediately preceding the application, including a statement of any similar permit held in another city or state;
(d) The applicant’s height, weight and color of eyes and hair; (e) Information necessary for a criminal background check; (f) Certification that applicant has tested negatively for controlled substances and alcohol under a mandatory controlled substance and alcohol testing certification program as required by subsection (G) of this section;
(g) A statement as to whether the applicant has ever been convicted of any crime, misdemeanor, or violation of any municipal, state or federal law, the nature of the offenses, and the punishment or penalty assessed therefor; (h) The number and expiration date of the applicant’s California driver’s license; (i) The endorsement of the owner of the taxicab business for which the applicant will be operating a taxicab;
(j) Such other identification and information as the Director may require. (4) Investigation. Notwithstanding the provisions of PMC 5.04.180, following receipt by the Director of the completed application for a taxicab driver’s permit, the application shall be referred to the Sheriff’s Department. The Sheriff’s Department shall conduct an investigation of the applicant and recommend approval or denial based upon the character, reputation and integrity of the applicant.
Notwithstanding the preceding paragraph, the Director may issue a taxicab driver’s permit to an applicant upon being provided with an authenticated copy of a current license or permit issued by another governmental entity located in Los Angeles County; provided, that the Director determines that a satisfactory investigation of the applicant’s qualifications has been made.
(5) Grounds for Denial of Taxicab Driver’s Permit. In addition to the grounds of denial set forth in PMC 5.04.200, the Director may deny a taxicab driver’s permit if:
Exhibit I
Ordinance No. 1612
(a) The applicant is not of good moral character, or is under the age of 18 years, or is not competent to operate a taxicab safely on the City streets, or is otherwise not a fit or proper person to be in charge of, or to operate, any such motor vehicle; (b) The applicant does not possess a valid Class C driver’s license issued by the California Department of Motor Vehicles;
(c) The applicant has been convicted in a court of competent jurisdiction of reckless driving or driving under the influence of alcohol or narcotics; (d) The applicant has, within the preceding 12 months, been convicted of, or pleaded guilty to, more than one moving violation under the California Vehicle Code; or (e) The applicant has been convicted of a felony or a crime involving moral turpitude. (6) Termination of Employment or Contract.
(a) The taxicab driver’s permit shall be automatically revoked upon the termination of the driver’s employment or contract with the owner who endorsed the permit application as required by subsection (F)(3)(i) of this section.
(b) Within 24 hours after any termination of employment or contract, the owner and driver shall jointly notify the Director in writing of such termination and surrender any taxicab driver’s permit in their respective possessions. If said permit is unavailable, the owner and driver shall state on the notification the unavailability of the permit and the reasons therefor.
(G) Controlled Substances and Alcohol Program.
(1) No taxicab business license shall be issued or renewed unless the holder at the time of permit issuance or renewal files with the Director a certification that the holder maintains a mandatory controlled substance and alcohol testing certification program conforming to 49 CFR Part 40 (Section 40.1 et seq.) and Part 382 (Section 382.101 et seq.) and California Government Code Section 53075.5 for all drivers of vehicles operated under the certificate.
(2) No taxicab driver’s permit shall be issued or renewed unless the holder at the time of the permit issuance or renewal files with the Director a certification that the driver operating under the permit has tested negatively for controlled substances and alcohol under a mandatory controlled substance and alcohol testing certification program Exhibit I
Ordinance No. 1612
conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations and California Government Code Section 53075.5.
(3) An applicant that receives a positive test result during a pre-employment drug screening procedure may not resubmit an application for a taxicab driver’s permit for a period of five years.
(4) If a taxicab driver tests positive during a random drug screening process, the taxicab driver’s permit will be suspended until the driver has successfully completed all the requirements placed on him/her by the Substance Abuse Professional (SAP). If this same taxicab driver tests positive again during a random drug screening process, his/her taxicab driver’s permit will be revoked for a period of not less than five years. (H) Taxicab Equipment and Operating Requirements.
(1) Public Liability Insurance. Each permittee shall file with the Director a policy of liability insurance pursuant to PMC 5.04.240. The policy(ies) of insurance shall be in the following amounts:
(a) Commercial general liability: combined single limit of $1,000,000 per occurrence; (b) Commercial automobile liability: $300,000 combined single limit including owned, non- owned and hired automobile coverage (or comparable as approved by Director). (2) Taximeters Required. The taxicab owner shall equip all taxicabs operating in the City with a device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering; provided, that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code (“taximeter”). It shall be the duty of every taxicab owner to keep such taximeter accurate at all times so that it indicates the correct charge for the distance traveled and waiting time. All taximeters shall be subject to inspection from time to time by Code Enforcement Officers and the Sheriff’s Department. The Sheriff’s Department and Code Enforcement Officers are authorized to inspect any taximeter and, upon discovery of any inaccuracy therein, to notify the person owning or operating the taxicab in which the defective taximeter exists to cease operation of that taxicab. Thereupon, such taxicab shall not be used until the taximeter is repaired and restored to proper working condition.
(3) It shall be the duty of the driver to cause the taximeter to begin calculating the fare at the start of each trip and stop calculating the fare at the termination of each trip; provided, Exhibit I
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however, that it shall be unlawful for the driver to clear or remove from the taximeter the amount of the charges prior to payment of the amount indicated. (4) Rates, Fares and Charges for Taxicab Service.
(a) The rates, fares and charges for taxicab service originating in the City shall in no event exceed the highest rates, fares and charges for taxicab service approved by the city of Los Angeles.
(b) The permittee shall disclose fares, fees, or rates to the customer. A permitted taxicab company may satisfy this requirement by disclosing fares, fees, or rates on its internet website, mobile telephone application, or telephone orders upon request by the customer.
The rates, fares and charges for the transportation of passengers in taxicabs operated in the City shall be as indicated on the taximeter, and it shall be unlawful for the driver of any taxicab to charge, demand or collect an amount in excess of that computed and shown by the taximeter. The taximeter shall be adjusted to accurately compute the current rates, fares and charges, but not in excess of the limits authorized in this section. The taximeters shall be placed so that the amount to be charged shall be well-lit and readily discernible by the taxicab passenger.
(c) The permittee shall notify the passenger of the applicable rate prior to the passenger accepting the ride for walkup rides and street hails. The rate may be provided on the exterior of the vehicle, within an application of a mobile telephone, device, or other internet-connected device, or be clearly visible in either print or electronic form inside the taxicab.
(d) The City Council shall have the power, following a hearing upon its own motion or upon a complaint, to investigate a single rate or fare or the entire schedule of rates and fares in effect, which are charged, demanded or collected for taxicab service and to authorize new rates or fares or new schedules thereof. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.090. (5) Direct Route of Travel. No driver of a taxicab hired to carry passengers to a definite point shall take any route other than the most direct route possible, consistent with passenger safety and expeditious transportation to such destination. (6) Receipts. Every driver of a taxicab shall, upon request of a passenger, issue a receipt evidencing payment of the correct fare.
Exhibit I
Ordinance No. 1612
(7) Interior Displays in Taxicabs. Every taxicab shall display in the passenger’s compartment, permanently affixed to the rear of the driver’s seat and in full view of the passengers, the following items:
(a) A card not less than four inches by six inches in size which shall have printed thereon the taxicab owner’s name or fictitious business name, the business address and telephone number of the taxicab owner, the rates to be charged for conveyance in the taxicab (including rates for minimum flag drop, mileage and waiting time), and a statement that such rates are applicable to all trips originating in the City; and (b) A cardholder for the placement of a taxicab driver’s permit. Such cardholder shall contain a notice which, upon the removal of the taxicab driver’s permit, shall be visible to passengers and which states that the taxicab driver’s permit is required to be displayed at all times while the taxicab is in operation.
(8) Manifests.
(a) Each taxicab driver shall maintain a separate manifest for every service rendered, which manifest shall include the following information:
(i) Location where passengers entered the taxicab;
(ii) Time of entry;
(iii) Location where passengers were discharged;
(iv) Number of passengers; and
(v) Amount of fare collected.
(b) The taxicab owner shall retain all manifests at its principal office for a period of 90 days after the date of service rendered, and the same shall be made available for inspection during normal business hours by any authorized representative of the City. (9) Safety Inspection.
(a) All taxicab companies shall maintain motor vehicles used in taxicab transportation services in a safe operating condition, and in compliance with the Vehicle Code, subject to annual inspection at a facility that is certified by the National Institute for Automotive Service Excellence or a facility registered with the Bureau of Automotive Repair. The inspection shall be completed prior to the issuance of the taxicab business permit. If the Exhibit I
Ordinance No. 1612
taxicab successfully completes the safety inspection, a taxicab safety permit sticker shall be issued and shall be displayed on the left side of the taxicab’s rear bumper. (b) The registered owner of a taxicab, who is aware of or should have been aware of any unsafe condition of the taxicab, shall not allow the taxicab to be used until necessary repairs are made.
(10) Safety and Cleanliness of Taxicabs. Each taxicab subject to this section shall be maintained in a safe, clean and sanitary manner. No person shall operate a taxicab which is unsafe, unsuitable for service, or which contains defective equipment. The following conditions shall, without limitation, be deemed to make a vehicle unsuitable or unsafe for taxicab service:
(a) Excessive leakage of oil, grease, gas or any other substance from any part of the vehicle;
(b) The existence of any defects in the frame of the vehicle; (c) The failure of any movable parts of the vehicle, including doors, windows, hood, trunk, lights, etc., to function properly;
(d) Failure to maintain the tires, lights, turning signals, or brakes in safe operating condition;
(e) Failure to maintain the motor and other mechanical parts of the vehicle in safe operating condition;
(f) Failure to have an adequate exhaust system, in compliance with state law, properly installed and in good working condition;
(g) The existence of excessive dents or scratches in the body of the vehicle; (h) Improper maintenance of the exterior paint in the authorized color scheme; (i) The existence of excessive wear and tear on the upholstery, floor mats and other parts of the interior of the vehicle; and
(j) Failure to have adequate interior lighting in proper working condition. (11) Taxicab Stands.
Exhibit I
Ordinance No. 1612
(a) Designation of Taxicab Stands.
(i) Upon granting a permit to engage in the taxicab business, the Director of Public Works shall designate the exact location of each stand which the permittee may use. Such stands, and any additional or alternate stands subsequently authorized hereunder, shall be prepared, marked and maintained by the Public Works Department, and the costs thereof shall be collected from the permittee.
(ii) Any permittee hereunder may apply for a change in the location of any taxicab stand or for the use of additional taxicab stands. Such application shall be filed with the Director of Public Works. The application shall set forth the proposed new location, shall be accompanied by an application fee in such amount as may be fixed by resolution of the City Council for each stand to be established or relocated, and shall have attached thereto the written consent of all persons owning, leasing or occupying the ground floor or surface of any premises or property in front of which the proposed stand is to be located. Such application shall include a request and agreement on the part of the applicant that the City prepare, mark and maintain such location for use as a taxicab stand at the applicant’s expense, such costs to be paid by the applicant immediately upon being billed therefor by the City. Such application shall be reviewed by the Director pursuant to this section. (I) Suspension and Revocation Procedures.
(1) Temporary Suspension by the Director.
(a) The Director shall have the authority to temporarily suspend any permit issued pursuant to the provisions of this section if an emergency situation exists wherein the immediate cessation of activities or operations under such permit is necessary to protect the public peace, health, safety or general welfare, including if a taxicab driver tests positive during a screening required by subsection (G) of this section. Such suspension shall become effective 24 hours after the permittee has received written notice of intent to suspend and the grounds therefor. Prior to imposition of any suspension, the permittee may appear before the Director and present any information concerning the proposed suspension. Following the 24-hour time period, the Director may impose a temporary suspension for a period not to exceed 60 days pending a hearing before the City Council.
Such hearing shall be scheduled by the City Clerk pursuant to this section. (b) If a taxicab driver’s permit is proposed to be temporarily suspended by the Director, the taxicab permittee shall be notified of the proposed temporary suspension and shall be sent copies of all hearing notices which are sent to the taxicab driver.
Exhibit I
Ordinance No. 1612
(2) Suspension or Revocation Hearing by the City Council. Whenever a permit granted or issued under the provisions of this section is temporarily suspended by the Director, a written report of such action or recommended action shall be filed by the Director with the City Clerk for submission to the City Council. Concurrently, a copy of such report shall be mailed to the permittee, together with a notice that the matter will be set for hearing by the City Council at its next regular meeting, giving the date, time and place of such meeting. The City Clerk shall set the matter for hearing by the City Council at its next regular meeting, and the City Council shall, at such hearing or continuance thereof, hear such evidence as may be offered, and, in its discretion, affirm, modify or reverse the action taken or recommended. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.090.
(3) Surrender of Permit. If the City Council finds that sufficient justification exists for the suspension or revocation of a permit, then the City Council may suspend or revoke such permit. The permit shall forthwith be surrendered to the Director, and the operation of any taxicab or taxicabs covered by such permit shall thereupon cease and be unlawful. (J) Authority to Inspect and Order Repairs. The Sheriff’s Department or the Director of Neighborhood Services may order any person owning or operating a taxicab which is unsuitable or unsafe for taxicab service, including any condition specified in subsection (H)(10) of this section, to remove such taxicab from service. Such order shall be in writing.
The vehicle shall not be operated on the streets of the City unless and until satisfactory proof is presented to the Sheriff or the Director of Neighborhood Services that the taxicab is safe and complies with the requirements of this section. (K) Penalties.
(1) The fine for operating a taxicab in the City of Palmdale without a permit from the city or county in which the taxicab company is substantially located shall be $5,000. (2) Any other violation of this section shall be punished pursuant to Chapter 1.12 PMC. (Ord. 1605 §§ 15, 16, 2023; Ord. 1518 § 1, 2019; Ord. U-1030 §§ 19 – 24, 1993; Ord. 898 § 2, 1990)
5.04.670 Tobacco/smoking product retailer.
(A) Definitions. For the purpose of this section, the following terms shall have the following meanings:
Exhibit I
Ordinance No. 1612
(1) “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, corporate or other entities which have some or all of the same directors and/or principals, or any sale for which a significant purpose is avoiding the effect of the violations of this section, is not an arm’s length transaction.
(2) “Drug paraphernalia” shall have the definition set forth in California Health and Safety Code Sections 11014.5 and 11364.5, as those sections may be amended from time to time.
(3) “Electronic cigarette” shall mean an electronic and/or battery-operated device that can deliver an inhalable dose of nicotine to the user. “Electronic cigarette” includes any product meeting this definition, regardless of whether it is manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, electronic vape, vaporizer or any other product name or descriptor.
(4) “Flavored electronic cigarette product” shall mean any product used in an electronic cigarette, containing, as a constituent or additive, an artificial or natural flavor or an herb or spice, including but not limited to tobacco, mint, menthol, spearmint, wintergreen, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the product, or the smoke or vapor produced by the product.
(5) “Proprietor” means a person with an ownership or managerial interest in a business.
An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business. (6) “Self-service display” means the open display or storage of tobacco products, smoking products or tobacco/smoking paraphernalia in a manner that is physically accessible in any way to the general public without assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. (7) “Smoking product” means any substance produced or sold to be used for smoking, ingestion or consumption in cigarettes, electronic cigarettes, cigars, pipes, hookahs, or other similar objects.
Exhibit I
Ordinance No. 1612
(8) “Tobacco product” means (a) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and (b) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence.
(9) “Tobacco/smoking paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other instrument or paraphernalia designed for the smoking, preparation, storing, ingestion or consumption of tobacco and other smoking products.
(10) “Tobacco/smoking product retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, in public view, tobacco, tobacco/smoking products or tobacco/smoking paraphernalia. Any person who distributes free or low cost samples of tobacco products, smoking products or tobacco/smoking paraphernalia shall be deemed to be a tobacco/smoking product retailer under this chapter. “Tobacco/smoking product retailing” shall mean the doing of any of these things.
This definition is without regard to the quantity of tobacco, tobacco or smoking product, or tobacco or smoking paraphernalia sold, offered for sale, exchanged or offered for exchange.
(11) “Vending machine” as used in this section shall mean a machine, appliance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms. (12) “Youth decoy” means a person under the age of 18 who is used by the Los Angeles County Sheriff’s Department or any City official or employee authorized to enforce provisions of this chapter to conduct random on-site sting investigations to determine compliance with tobacco retailing laws.
(B) Permits Required.
(1) Any person intending to act as a tobacco/smoking product retailer shall, within one year of the effective date of the ordinance codified in this section, obtain a tobacco/smoking product retailer permit for each location at which tobacco/smoking Exhibit I
Ordinance No. 1612
product retailing is to occur. This applies to all existing and future tobacco/smoking product retailers in the City.
(2) It shall be unlawful for any person to act as a tobacco/smoking product retailer in the City without first obtaining and maintaining a valid tobacco/smoking product retailer’s permit pursuant to this section for each location at which that activity is to occur. (3) The sale of tobacco/smoking products or tobacco/smoking paraphernalia from other than a fixed location, including but not limited to tobacco/smoking product retailing by persons on foot or from vehicles, is prohibited and no permit shall be issued under this section to any such activity.
(4) Nothing in this section shall be construed to grant any person obtaining and maintaining a tobacco/smoking product retailer’s permit any status or right other than the limited conditional privilege to act as a tobacco/smoking product retailer at the location in the City identified in the permit application and/or on the face of the permit. Nothing in this chapter is intended to be construed to render inapplicable, supersede, or affect any other provision of applicable law, including but not limited to any provision of this code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5.
(5) No permit shall be issued to authorize a tobacco/smoking product retailer at a location that is permitted under state law to serve alcoholic beverages for consumption on the premises (e.g., an “on sale” license issued by the California Department of Alcoholic Beverage Control) and no permit shall issue to authorize a tobacco/smoking product retailer at any location offering food for sale for consumption by guests on the premises. (C) Applications. In addition to the information requirement by PMC 5.04.140, the application for a tobacco/smoking product retailer permit shall contain the following information:
(1) Proof that the location for which a tobacco/smoking product retailer permit is sought has been issued a valid state tobacco/smoking product retailer’s permit by the California Board of Equalization.
(2) A signed affirmation by each proprietor that the proprietor is informed of the laws affecting tobacco/smoking product retailer permits. No proprietor may rely on the issuance of a permit as a determination by the City that the proprietor has complied with all laws applicable to tobacco/smoking product retailing.
Exhibit I
Ordinance No. 1612
(3) Whether or not any proprietor or any agent admitted violating or has been found to have violated this section and, if so, the dates and locations of all such violations within the previous five years.
(4) Each permit application must be accompanied by the required permit fee, established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the total cost of both permit administration and permit enforcement, including, for example, issuing the permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the costs of the regulatory program authorized by this section. Fees are nonrefundable except as may be required by law. (5) Such other information as the Director deems necessary for the administration or enforcement of this section as specified on the application form required by this section. (6) A permitted tobacco/smoking product retailer shall inform the Director in writing of any change in the information submitted on an application for a tobacco/smoking product retailer’s permit within 10 business days of a change.
(7) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the law’s exemptions. (8) A statement signed by each proprietor that no drug paraphernalia is or will be sold at the business seeking the permit.
(D) Issuance and Renewal of Permit.
(1) Except as otherwise provided herein, upon receipt of a complete application for a tobacco/smoking product retailer’s permit and the payment of the applicable permit fee, the Director shall issue a permit unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(a) One or more of the bases for denial listed in PMC 5.04.200 exists. (b) The application seeks authorization for tobacco/smoking product retailing that is prohibited pursuant to this section (e.g., mobile vending), that is unlawful pursuant to this code, including without limitation the zoning ordinance, building code, business license ordinance, or that is unlawful pursuant to any other law.
Exhibit I
Ordinance No. 1612
(c) The application seeks authorization for tobacco/smoking product retailing for a proprietor to whom this section prohibits a permit to be issued. (d) Suspension or revocation proceedings have been initiated by any local, state or federal agency for violations of local, state or federal tobacco control laws within the preceding 60-day period.
(2) Notwithstanding any other provision of this section, prior violations at a location shall continue to be counted against a location and permit ineligibility periods shall continue to apply to a location unless:
(a) The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and
(b) The new proprietor provides the City with clear and convincing evidence that the new proprietor has acquired the location in an arm’s length transaction. (3) Every permit issued under this chapter shall be posted in accordance with PMC
5.04.100.
(4) A tobacco/smoking product retailer’s permit is valid only for the location for which it has been issued and may not be transferred from one person to another or from one location to another.
(5) The duration of a tobacco/smoking product retailer permit shall be consistent with the provisions of PMC 5.04.230 and shall be renewed consistent with the provisions of PMC
5.04.250 except that any permit that is suspended, has been permanently revoked, or is subject to suspension or revocation proceedings shall not be renewed. (6) A tobacco/smoking product retailer permit which is not timely renewed pursuant to PMC 5.04.250 is an expired permit. The tobacco/smoking product retailer shall not engage in tobacco/smoking product retailing at the permitted location until a new permit has been issued for that location.
(7) A denial by the Director of a tobacco/smoking product retailer’s permit may be appealed pursuant to PMC 5.04.340. An appeal shall stay all proceedings in furtherance of the appealed action.
(8) A valid City business license is required before a tobacco/smoking product retailer’s permit may be issued.
Exhibit I
Ordinance No. 1612
(E) Positive Identification Required. No person engaged in tobacco/smoking product retailing shall sell or transfer a tobacco or smoking product or tobacco/smoking paraphernalia to another person who appears to be under the age of 27 years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco or smoking product or tobacco/smoking paraphernalia.
(F) Minimum Age to Sell Tobacco Products. No tobacco/smoking product retailer shall permit any person who is younger than 18 years of age to engage or participate in the sale of tobacco or smoking products or tobacco/smoking paraphernalia. (G) Compliance Monitoring and Enforcement.
(1) Compliance with this section shall be monitored by any City official or employee authorized to enforce provisions of this chapter or this code. Compliance checks shall determine, at a minimum, if the tobacco/smoking product retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco/smoking product retailing. Nothing in this subsection shall create a right of action in any permit or other person against the City or its agents. (2) Youth decoys may be utilized during enforcement of this chapter. The City shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of such person’s age (herein “youth decoy”) if the potential violation occurs when the youth decoy is participating in a compliance check supervised by any City official or employee authorized to enforce provisions of this chapter or this code.
(H) Permit Violations and Penalties.
(1) It shall be a violation of this section for a permittee, or his/her agents or employees, to violate any federal, state, or local law or regulation, including any provision of this chapter, applicable to tobacco or smoking products, tobacco/smoking paraphernalia or tobacco/smoking product retailing.
(2) Tobacco/smoking product retailing by means of a self-service display is prohibited. (3) It shall be a violation of this section for a permittee or any permittee’s agents or employees to violate any local, state or federal law regulating controlled substances or drug paraphernalia, such as, for example, California Health and Safety Code Section 11364.7.
Exhibit I
Ordinance No. 1612
(4) (a) It shall be a violation of this section for any tobacco retailer or any of permittee’s agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored electronic cigarette product.
(b) There shall be a rebuttable presumption that a tobacco retailer in possession of four or more flavored electronic cigarette products, including but not limited to individual flavored electronic cigarette products, packages of flavored electronic cigarette products, or any combination thereof, possesses such flavored electronic cigarette products with intent to sell or offer for sale.
(5) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this section shall constitute a violation.
(6) Failure to prominently display the tobacco/smoking product retailer permit in a publicly visible location at the permitted premises shall constitute a violation. (7) The failure of the permittee to allow any law enforcement service, the Director, or any authorized City official to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with any federal, state, or local tobacco law or regulation, including any provision of this chapter, at any time the business is open for business shall constitute a violation.
(8) Any continuing violation shall constitute a separate offense for each day of the violation.
(9) Violations of this chapter are hereby declared to be public nuisances. (10) Violations of this chapter are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates.
(11) In addition to other remedies provided by this chapter or by other law, any violation of this section may be remedied by a civil action brought by the City Attorney in the name of the City, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings and suits for injunctive relief. (I) Revocation of Permit.
(1) In addition to any other penalty authorized by law, a tobacco/smoking product retailer’s permit may be revoked by the City Council in accordance with PMC 5.04.280 through
5.04.300.
Exhibit I
Ordinance No. 1612
(2) Upon a finding by the City Council of a first violation of any provision of this chapter within any five-year period the City shall:
(a) Issue a written warning to the permittee.
(b) Advise the permittee of the penalties for further violations of this section. (c) Require the permittee to provide documentation to the City that all employees engaged in the retail sales of tobacco or smoking products and/or tobacco/smoking paraphernalia have received training in a City-approved program within 60 days after the warning, or such other time as shall be set by the Director of Planning. (d) Revoke said tobacco/smoking product retailer’s permit for 90 days. (3) Upon a finding by the City of a second permit violation of any provision of this chapter, within any five-year period, the tobacco/smoking product retailer’s permit may be revoked for up to one year.
(4) Upon finding by the City of a third permit violation of any provision of this section, within any five-year period, the tobacco/smoking product retailer’s permit may be permanently revoked.
(5) A tobacco/smoking product retailer’s permit may be revoked by the City Council if one of the following conditions exist:
(a) One or more of the grounds for denial listed in PMC 5.04.200 existed before the permit was issued; or
(b) A permittee is convicted of a misdemeanor or felony violation of any federal, state, or local tobacco law or regulation, including any provision of this section, or in a different legal proceeding has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in this section.
(6) A tobacco/smoking product retailer whose permit has been revoked may not apply for a new tobacco/smoking product retailer’s permit until 30 days prior to the expiration of the revocation period.
(7) During any period of permit revocation, the tobacco/smoking product retailer must remove from public view all tobacco or smoking products, tobacco/smoking paraphernalia and tobacco-related advertising. Failure to do so may be considered a subsequent violation.
Exhibit I
Ordinance No. 1612
(8) A decision of the City Council to revoke a permit is final. (J) Tobacco Retailing without a Permit.
(1) In addition to any other penalty authorized by law, if the Director finds that any person has engaged in tobacco/smoking product retailing at any location without a valid tobacco/smoking product retailer’s permit, either directly or through the person’s agent or employees, the person shall be ineligible to apply for or be issued a tobacco/smoking product retailer’s permit for that location as follows:
(a) After the first violation of this section at a location within any 18-month period, no new permit may issue for the person at the location until 120 days have passed from the date of the violation.
(b) After the second violation of this section at a location within any 18-month period, no new permit may issue for the person at the location until six months have passed from the date of the violation.
(c) After the third violation of this section at a location within any 18-month period, no new permit may issue for the person at the location until one year has passed from the date of the violation.
(2) The display of any advertisement relating to tobacco or smoking products or tobacco/smoking paraphernalia that promotes the sale or distribution of such products from the tobacco/smoking products retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location without first obtaining and maintaining a valid tobacco/smoking products retailer’s permit pursuant to this section for each location at which the advertisement is displayed is prohibited. (3) Tobacco or smoking products and tobacco/smoking paraphernalia offered for sale or exchange in violation of this section are subject to seizure by any City official or employee authorized to enforce provisions of this chapter or this code and shall be forfeited after the permittee and any other owner of the tobacco or smoking products or tobacco/smoking paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the tobacco or smoking products or tobacco/smoking paraphernalia were not offered for sale or exchange in violation of this section. The decision by law enforcement services may be appealed pursuant to the procedures set forth in PMC
5.04.340. Forfeited tobacco or smoking products and tobacco/smoking paraphernalia shall be destroyed after the time in which to seek judicial review pursuant to California Code of Civil Procedure Section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.
Exhibit I
Ordinance No. 1612
(4) For the purposes of the civil remedies provided in this section, whichever of the following is greater shall constitute a separate violation of this section:
(a) Each day on which a tobacco or smoking product or tobacco/smoking paraphernalia is offered for sale in violation of this section; or
(b) Each individual retail tobacco or smoking product and each individual retail item of tobacco/smoking paraphernalia that is distributed, sold, or offered for sale in violation of this section. (Ord. 1535 §§ 1 – 3, 2019; Ord. 1384 § 9, 2010)
5.04.680 Tow truck.
(A) Definition. For purposes of this section, the following term shall have the following meaning:
“Tow truck” means a motor vehicle which has been altered or designed and equipped to tow another motor vehicle by means of a crane, hoist, tow bar, tow line or dolly. (B) Exemptions. The provisions of this section shall not apply to tow trucks or vehicles licensed pursuant to California Vehicle Code Section 11500 et seq. and California Business and Professions Code Section 7500 et seq.
(C) Application Information. In addition to the information set forth in PMC 5.04.140, an application for a tow truck service operator’s permit shall include the following information:
(1) A map of the district, area or territory to be served by the tow truck service; (2) A schedule of rates proposed to be charged in those areas of the City which the applicant proposes to service; and
(3) A description of the location and the operational facilities of the applicant. (D) Operating Requirements.
(1) Service Records to Be Kept. A tow truck service operator shall maintain the following records for each service order:
(a) Location where tow service requested;
(b) Date and time request made;
Exhibit I
Ordinance No. 1612
(c) Description of vehicle towed;
(d) Location to which vehicle was towed;
(e) Identification of dispatcher;
(f) Identification of driver; and
(g) Time of dispatch.
(2) Inspection. Such records shall be available for inspection by the Director and the Sheriff for a period of at least six months.
(3) Driver’s License Requirements. A tow truck service operator shall not allow any person to operate a tow truck authorized under its permit unless such driver has, in his or her possession, a valid driver’s license issued by the California Department of Motor Vehicles. (4) Insurance Requirements. The Director shall not issue a tow truck service operator’s permit until the applicant has filed a policy of liability insurance pursuant to PMC 5.04.240 covering every tow truck to be operated pursuant to the operator’s permit. The policy of liability insurance shall be in not less than the following amounts:
(a) One hundred thousand dollars for death or injury to any one person in any one accident or occurrence;
(b) Three hundred thousand dollars for death or injury to two or more persons in any one accident or occurrence;
(c) Fifty thousand dollars for damages to property of others. (5) Indemnification. Every operator permitted pursuant to this section shall execute an indemnification agreement pursuant to PMC 5.04.240.
(6) Tow Truck Facility Security. If the tow truck service provides storage for towed vehicles, the operator shall provide security for such vehicles during all business hours. (7) Locking of Vehicles. If the tow truck service provides storage of towed vehicles, the operator shall lock each ignition, remove the key, and place the key in a safe place. (8) Sign Requirements.
Exhibit I
Ordinance No. 1612
(a) The operator shall install and maintain a sign on the business premises, plainly visible from the street, showing the operator’s name, the address of the business, the time when the premises are closed and the towing and storage fees, if any. (b) All signs shall be installed pursuant to this section in compliance with this code. (9) Rates Charged. A copy of the rates charged for utilizing a tow truck’s services shall be posted or carried in each tow truck. (Ord. 1384 § 10, 2010; Ord. 898 § 2, 1990.
Formerly 5.04.670)
8.04.520.A
(A) All persons concerned in the commission of any violation of the provisions of this chapter, whether it be misdemeanor, infraction or administrative violation subject to administrative penalties, and whether they directly commit the act constituting the offense, or own property that the violation occurs on, or aid and abet in its commission, or, being present, are spectators and encourage its commission, or, not being present, have advised and encouraged its commission, or knowingly allow its commission on property owned by such person, and all persons counseling, advising, or encouraging children under the age of 16 years, or mentally impaired persons, to commit any offense, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any offense, or who, by threats, menaces, command, or coercion, compel another to commit any offense, are principals in any offense so committed and are guilty of and responsible for any offense so committed.
8.24.210 Vending
(A) Vending is allowed in City parks subject to the following regulations:
(1) All sidewalk vendors must comply with the applicable regulations is PMC
5.04.5905.04.460;
8.36.050 Conditions Constituting a Nuisance
(D) Nuisances Affecting Sanitation and Blight.
(1) Outdoor storage, so as to be visible at ground level from a public street or from adjoining property, as a part of a continuing practice, of any of the following items:
(b) Abandoned, inoperative, unregistered, wrecked or dismantled autos, trucks, trailers, motorcycles, camper boats or other recreational vehicles; Exhibit I
Ordinance No. 1612
(3) Property that repeatedly has been the situs of nuisance activity, including but not limited to: disturbing the peace, illegal drug activity, public drunkenness, harassment of passersby, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination, acts of lewd conduct, unreasonably loud noise, or excessive littering; and (F) Nuisances Caused By Vehicles.
(2) Parking, storing or keeping of any recreational vehicle, trailer, boat, or camper within that area of a residential lot customarily considered to be the front yard. The front yard area does not include the driveway. For purposes of this subsection only, the driveway shall be limited to:
(8) Inoperable, unregistered, or abandoned motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values; Section 8.40.015 Definitions
(B) Hazardous code violations, including any one or more of the following:
(6) Firewalls damaged or not maintained.
(C) Failure to post current and accurate emergency contact information. “New construction” means construction of a property that was completed within the last five years of that property being subject to Section 8.40.020’s registration requirement. “Owner” means the person or entity identified and listed as having title to the residential rental unit by the latest property tax assessment roll maintained by the Los Angeles County Assessor.
“Residential rental unit” means a rented or leased single-family residential building or a rented or leased residential dwelling unit within a single-family or multiresidential building.dwelling, including but not limited to Primary Dwelling, Single-Family Dwelling, Multi-Family Dwelling or Multi-Family Residential, an Accessory Dwelling Unit, Junior Accessory Dwelling Unit, or any other rented or leased property, or portion thereof, for habitation, regardless if it is owner occupied as well, including but not limited to mobile homes situated on private land, rooming houses, boarding houses and single room occupancies.
Exhibit I
Ordinance No. 1612
8.40.030 Inspections
All rental properties shall be inspected for compliance with the City of Palmdale housing and property maintenance standards. The owner shall provide access for inspection within 10 working days of the Building Official’s request. The Building Official in his discretion may require inspections by other City departments and/or Los Angeles County enforcement agencies, including, but not limited to, the County Health Department and Fire Departmentschedule an inspection with the Building and Safety Department within 60 days of the Rental Registration completion and shall provide access to the complete property for the inspection at the scheduled time. Additionally, the owner shall provide access to the complete property at any other time within 10 working days of the Building Official’s request. The Building Official at his discretion may require inspections by other City departments and/or Los Angeles County and/or California State enforcing agencies, including, but not limited to, the Los Angeles County Health Department and Los Angeles County Fire Department.
It shall be the owner’s responsibility to reschedule an inspection for work performed to remedy any violations as set forth in 8.04.200 SECTION 103 - Violations and Penalties, in the Palmdale Municipal Code within 30 days of a correction notice from the Building Officials Agent. Failure to reschedule within 30 days will result in a cancellation of the rental registration.
8.40.035 Certificate of compliance
(B) A certificate of compliance shall be issued for all residential rental units upon completion of the following:
(6) A valid City business license has been issued for a property with four or more residential rental unitsto the property owner for the residential rental units covered under the certificate of compliance.
Single-family or detached
Violations, but no major violations , found within preceding year; all violation corrections completed within 30 days after notice by Building Officialor failure to register before expiration of the certification of compliance, found within preceding year; all violation corrections completed within 30 days after notice by Building Official.
Exhibit I
Ordinance No. 1612
8.40.040 Re-registration and certificate of compliance renewal The owner of a residential rental unit shall apply and pay all required fees not less than 30 days prior to the scheduled expiration of the certificate of compliance. The owner of a residential rental unit property shall re-register and meet all requirements and pay all fees as for a new certificate. Failure to re-register, meet all requirements, and pay all fees required for a new certificate prior to the scheduled expiration of the certificate of compliance will result in the removal of the option for a five-year certificate. Upon re- registration, inspection and the issuance of a new certificate of compliance, the Building Official in the exercise of his discretion may grant a frequency upgrade to extend the inspection frequency one level; however, if all of the following actions are taken and certified to, upon his approval and in the exercise of his discretion, the Building Official may grant a frequency upgrade to extend the inspection frequency two levels:
When ownership of a residential rental unit property changes:
(A) the new owner shall notify the Building Official within 60 days; (B) any valid and current certificate of compliance for that residential rental unit under Section 8.40.035 shall automatically transfer from the old owner to the new owner unless the Building Official is not provided timely and proper notice pursuant to 8.40.060(A); and (C) all required property postings under Section 8.40.035(B)(4) shall be updated.
9.04.040 Annoying and Harassing Contacts to City.
No person shall contact the City’s employees, representatives, and agents, via telephone or other electronic communication with the intent to annoy or harass, including making repeated telephone calls, using obscene language or addressing another person in any way that is threatening, or making false or outlandish statements.
9.04.050 Enforcement.
The City is authorized to take such actions as may be required for enforcement of this Chapter. The City may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
Exhibit I
Ordinance No. 1612
9.04.060 Public Nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to abatement procedures prescribed in PMC Chapter 8.36.
9.04.070 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC section 1.12.030 Chapter 9.11
Public Urination and Deffacation
Sections:
9.11.010 Prohibition.
9.11.020 Enforcement.
9.11.030 Public Nuisance.
9.11.040 Penalties.
9.11.010 Prohibition.
It is unlawful for any person to urinate or defecate in a public place or publicly owned property other than a restroom, or in a place open to public view, or upon the private property of another without the consent of the owner or person in lawful possession.
9.11.020 Enforcement.
The City is authorized to take such actions as may be required for enforcement of this Chapter.
9.11.030 Public Nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These Exhibit I
Ordinance No. 1612
remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
9.11.040 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC section 1.12.030.
9.12.020 Drinking in public Public Consumption of Liquor No person shall drink any malt, spirituous or vinous liquor containing more than one-half of one percent of alcohol by volume upon any public street, alleyway, sidewalk or parkway, or in any public building, public lavatory, auto park, or lobby or entranceway to any building within the City. (Ord. 10 § 32, 1962)
(A) Drinking in Public. No person shall drink any alcoholic beverage upon any public street, alleyway, sidewalk or parkway, or in any public building, public lavatory, auto park, or lobby or entranceway to any building within the City. (B) Possession of Open Container.
(1) No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain in any public area, including, but not limited to, any roadway, sidewalk, parking lot, or on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any area immediately adjacent to the licensed and posted premises, or on the premises of, or immediately adjacent to, any business not licensed to sell or consume alcoholic beverages. (2) As used in this Section, "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of this Section are applicable. This Section does not apply to possession an alcoholic beverage on-site of a properly licensed facility in compliance with State law.
Exhibit I
Ordinance No. 1612
(C) Nothing in this Section prohibits drinking in public or having possession of an open container where the location of such acts is subject to a valid city approval for such acts, such as special event permit, where such actions have been expressly allowed by the City.
Article VIII. Public Nuisance
9.12.080 Man dressing as woman Penalties
Repealed by Ord. 1457. (Ord. 10 § 20, 1962) Article V. Lewdness and Disorderly HousesViolations of any provision of this Article shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Article occurs shall constitute a new and separate offense as provided in PMC section 1.12.030.
9.12.190 Causing Public Nuisances While Under the Influence. (A) Prohibition. It shall be unlawful for any person to cause a public nuisance while under the influence. A “public nuisance” shall have the meaning set forth in PMC section
8.36.050.
(B) As used in this Article, “under the influence” shall mean impairment, to any degree, of an individual's ability to perform the activity in question as a result of the use of alcohol, drugs, or a combination of both.
(C) Penalty. Violations of any provision of this Article shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Article occurs shall constitute a new and separate offense as provided in PMC section 1.12.030. (D) Public Nuisance. Any violation of this Article shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36. The City may enforce any violation of this Article by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
Exhibit I
Ordinance No. 1612
9.16.050 Fighting in Public Prohibited.
It is unlawful for any person to engage in any physical fight, disorderly conduct, or altercation with any other person on any public property or upon the premises of another within the City, while in public view.
9.16.060 Fighting on Public Property Prohibited.
It is unlawful for any person to engage in any physical fight, disorderly conduct, or altercation with any other person on any public property or upon any public premise owned or operated by the City.
9.16.070 Enforcement.
The City is authorized to take such actions as may be required for enforcement of this Chapter. The City may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
9.16.080 Public Nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to abatement procedures prescribed in PMC Chapter 8.36.
9.16.090 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC section 1.12.030
9.24.040 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC section 1.12.030.
Chapter 9.51 Aggressive Panhandling
Sections:
9.51.010 Purpose and Intent.
Exhibit I
Ordinance No. 1612
9.51.020 Definitions.
9.51.030 Prohibition Against Aggressive Panhandling.
9.51.040 Enforcement.
9.51.050 Public Nuisance.
9.51.060 Penalties.
9.51.010 Purpose and Intent.
(A) It is the intent of the council in enacting the ordinance codified in this Chapter to preserve and improve the quality of life for those in the City, and to protect the safety of the general public against certain abusive conduct of persons engaged in aggressive panhandling by imposing reasonable restrictions on aggressive, intrusive, or unsafe panhandling while respecting the constitutional rights of free speech for all citizens. (B) This Chapter is not intended to, and does not, prohibit non-aggressive panhandling and is limited to aggressive panhandling on public property. (C) Aggressive and intrusive panhandling includes unwanted physical contact of pedestrians and others or the intentional blocking of pedestrian and vehicular traffic. The City Council finds that an increase in aggressive panhandling in the City has become extremely disturbing and disruptive to residents and businesses, and contributes to the loss of access to and enjoyment of public places, and to an enhanced sense of fear, and disorder. Aggressive panhandling unquestionably threatens the public's safety and welfare. Aggressive panhandling also undermines the public's inherent right to use and enjoy public places without being accosted by or be in reasonable apprehension of persons demanding money or goods in a forceful manner. The actions of individuals engaged in aggressive panhandling likewise can create a climate of intimidation and anxiety among members of the public, who when confronted, reasonably and legitimately fear harm if they refuse to give in to the solicitations of individuals engaged in this type of conduct. Aggressive panhandling also reflects behaviors that are otherwise illegal, such as assaulting persons, and is unrelated to the content of speech, and these regulations are in no way intended to regulate in any manner the content of speech. (D) Aggressive panhandling usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrians. Such activity often carries with it an implicit threat to both person and property.
(E) The City Council further finds that restricting aggressive panhandling on public property will provide a balance between the rights of panhandlers and the rights of persons who wish to decline or avoid such aggressive panhandlings and will help avoid Exhibit I
Ordinance No. 1612
or diminish the threat of violence in such unwarranted and unavoidable confrontations while allowing all members of the public to peacefully utilize and enjoy public property. (F) The restrictions contained herein are neither overbroad nor vague and are narrowly tailored to very specific conduct occurring on public property and focused to serve a substantial governmental interest. Furthermore, in enacting this legislation, the City Council recognizes the inherent availability of warnings and alternative administrative and civil remedies which may be appropriate remedies for violations of this law.
9.51.020 Definitions.
As used in this Chapter, the terms listed below shall have the meaning assigned them:
(A) "Aggressive panhandling" means any of the following:
(1) Approaching or speaking to a person, or following a person before, during or after soliciting, if that conduct is likely to cause a reasonable person to:
(a) Fear bodily harm to oneself or to another, damage to or loss of property, or (b) Otherwise be intimidated into giving money, goods, or other things of value; (2) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging; (3) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting, asking or begging; or
(4) Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the panhandler.
(B) "Bona fide charity" or "charity" means any social, religious, educational, sports, arts, or other similar bona fide non-profit organization not engaged in any criminal activity or enterprise for which financial donations are collected. (C) "Panhandling" means to ask for or solicit money, property, or other favor, regardless of value.
Exhibit I
Ordinance No. 1612
(D) The definitions set forth in PMC Chapter 1.20 are also applicable to this Chapter.
9.51.030 Prohibition Against Aggressive Panhandling.
(A) It shall be unlawful for any person to engage in any aggressive panhandling on any public property, including any City park, City building, and public street, highway, sidewalk, or public right-of-way.
(B) This Chapter does not apply to any bona fide charity or person that engages in panhandling that is not aggressive, as defined in this Chapter. (C) This Chapter does not apply to protected speech activities or other activity protected by law.
9.51.040 Enforcement.
The City is authorized to take such actions as may be required for enforcement of this Chapter. The City may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
9.51.050 Public Nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
9.51.060 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in Palmdale Municipal Code Title 1, Chapter 1.12. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC section 1.12.030.
City Council Staff Report
DATE: NOVEMBER 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC SAFETY DEPARTMENT AND
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
DISTRICT: ALL
SUBJECT: ADOPT ORDINANCE NO. 16 15, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALMDALE APPROVING
AMENDMENTS TO TITLE 12 OF THE PALMDALE MUNICIPAL
CODE
ISSUE
Introduction and adoption of Ordinance No. 1615, an Ordinance of the City Council of the City of Palmdale approving amendments to Title 12 of the Palmdale Municipal Code (PMC).
RECOMMENDATION
Staff recommends that the City Council:
1. Receive public testimony regarding Ordinance No. 1615;
2. Adopt Ordinance No. 1615 recommending City Council approval of various amendments to the PMC; and,
3. Adopt Resolution No. CC 2023 -078 a mending the City of Palmdale Master Schedule of Fees adopted by the City Council on June 21, 2023 (Resolution No.
CC 2023-043) to update fines, adopt new fines, and delete certain fees.
BACKGROUND
This ordinance will add a chapter to the PMC relat ed to restrictions on parking to facilitate street sweeping and amend PMC Chapter 12.30 Shopping Carts, related to shopping cart regulations.
Specifically, this ordinance will establish parking restrictions to facilitate street sweeping and define and establish the responsibilities of retail business owners and operators who provide shopping carts to their customers and their obligation to develop and submit an effective shopping cart nuisance abatement plan to the City for approval.
Report to Mayor and City Council
Re: Ordinance No. 1615
November 15, 2023
The outcome of this ordinance will be to establish a street sweeping program and provide greater efficiency for the City of Palmdale’s (“City”) code enforcement efforts related to shopping cart theft and abandonment.
DISCUSSION
The proposed amendments to the PMC impact Title 12 Streets, Sidewalks, and Public Spaces as follows:
PMC Chapter 12.30 Shopping Carts
The proposed amendments to Chapter 12.30 expand on guidelines for retailers to establish an effective shopping cart containment and retrieval plan.
PMC Chapter 12.36 Parking Restricted to Facilitate Street Sweeping The proposed addition of PMC Chapter 12.36 will establish parking restrictions on City streets for limited periods on designated days to facilitate street sweeping to reduce risks of blocked gutters, flooding, and hazardous conditions. City staff will conduct outreach efforts to educate the community regarding the proposed modifications to Title 12 prior to implementing enforcement action.
The City of Palmdale Master Schedule of Fees will also be updated to coincide with the proposed changes to the PMC. Resolution No. CC 2023-078 establishes fine amounts and fees for shopping cart and street sweeping related infractions. In addition, certain outdated business license permit fees will be eliminated, or combined with other permit fees, to streamline the permit issuance process for businesses and staff. The revenues generated from the new and updated fee amounts should offset the revenue loss from the elimination of certain business license permit fees.
FISCAL IMPACT
It is anticipated that the fiscal impact will be neutral as a result of this action. Revenues will be generated from the new and updated fees and they are anticipated to offset the revenue loss from the elimination of certain business permit fees.
STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.
B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.
Report to Mayor and City Council
Re: Ordinance No. 1615
November 15, 2023
Prepared by: Brenda Magaña, Planning Manager
Mario Vallarta, Acting Community
Compliance Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
1. Ordinance No. 1615
2. Resolution No. CC 2023-078
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1615
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING AMENDMENTS TO TITLE 12 OF THE PALMDALE
MUNICIPAL CODE
A. RECITALS
WHEREAS, the City of Palmdale (City) has filed applications that apply to the City and the City’s sphere of influence, requesting various amendments to the Palmdale Municipal Code (PMC), to address street sweeping and restrictions on parking and shopping cart enforcement (hereinafter referred to as “Application”); WHEREAS, California State law requires that the regulations governing the use and development of lands within the municipal limits of a city be consistent with the adopted General Plan for that city;
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws;
WHEREAS, the City Council finds it necessary to update the PMC periodically to promote public health, safety, and welfare;
WHEREAS, the California Business & Professions Code Section 22435 et seq. sets forth procedures for the retrieval and abatement of shopping carts, and cost recovery for such abatement;
WHEREAS, the City Council finds it necessary to add select provisions relating to the City’s authority to regulate and enforce parking restrictions to facilitate street sweeping as permitted under California Vehicle Code Section 22507 and 22507.6; WHEREAS, California Vehicle Code Section 22507.6 provides that a local authority may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping; WHEREAS, California Vehicle Code Section 22507.6 further states that no ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in Ordinance No. 1615
the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained;
WHEREAS, the City Council finds and declares that the City’s retrieval of abandoned, stolen, wrecked and/or dismantled shopping carts is a blight on the City and a drain on resources;
WHEREAS, said amendments, adoptions, and/or deletions of the PMC are permitted by law, including the California Constitution, Government Code, and Civil Code; and, WHEREAS, November 15, 2023, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date.
Evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing, including but not limited to, the staff report, dated November 15, 2023.
B. ORDINANCE
THE CITY COUNCIL OF THE CITY OF PALMDALE HEREBY ORDAINS AS FOLLOWS:
SECTION 1: The above recitals are true and correct and are incorporated herein.
SECTION 2: Section 12.30.010 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
12.30.010 Findings and purpose.
Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. However, shopping carts removed from the premises of such businesses and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. The proliferation of lost, stolen or abandoned shopping carts on public and private property causes blighting conditions in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways, interferes with pedestrian and vehicular traffic on public and private streets, and impedes emergency services. For the aforesaid reasons, such lost, stolen or abandoned shopping carts are declared to be a public nuisance which shall be subject to abatement in the manner set forth in this Chapter or in any other manner provided by law.
The purpose of this Chapter is to set forth regulations to ensure that reasonable measures are taken by the owners and operators of businesses which provide shopping carts for the convenience of customers to deter the removal of shopping carts from business Ordinance No. 1615
premises and parking lots, and provide for the prompt retrieval of lost, stolen or abandoned shopping carts, to complement and supplement provisions of state law, and to adopt local regulations to the extent not otherwise preempted by state statute.
Retail establishments owning any shopping carts are subject to the provisions of this Chapter.
SECTION 3: Section 12.30.020 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
12.30.020 Definitions.
“Abandoned shopping cart” means a shopping cart which is either (1) removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart, or (2) left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner. For purposes of this Chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen or abandoned, even if in the possession of any person, unless such person in possession thereof either (1) is the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart, (2) is an officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts, or (3) is enforcement personnel retrieving, storing or disposing of the cart pursuant to the provisions of this Chapter. “Cart owner” means every business or person who, in connection with the conduct of a retail establishment who owns, rightfully possesses, or makes any cart available to patrons and/or the public. This shall include the owner’s agent or authorized representative.
“Contractor” means an authorized independent person approved by the City Council or their designee for the purpose of effecting the removal of abandoned shopping carts. “Director” means the Manager of Planning of the City, or their designee. “Effective containment program” means a system selected by the retail establishment that results in no more than five shopping carts being removed without the owner’s consent from the business premises or parking area within the twelve-month period commencing with the issuance of a business registration and licensing or the renewal of the business Ordinance No. 1615
registration and licensing (minimum of five carts in a twelve-month time period). An effective containment program may include one or more of the following measures:
(1) Disabling devices on all shopping carts such as electronic or magnetic systems, which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts; (2) Maintaining one or more security guards assigned the responsibility to deter or stop customers from removing shopping carts from the premises; (3) Providing courtesy clerks to accompany customers out of the store and return shopping carts to the store; and/or,
(4) Any other measure approved by the Director in writing as a means to contain carts on the premises.
“Effective retrieval program” means no more than five abandoned shopping carts are collected by the City or its contractor within the City limits and returned to the retail establishment within the twelve-month period commencing with the issuance of a business registration and licensing or the renewal of the business registration and licensing (minimum of five carts in a twelve-month time period). There is a rebuttable presumption that a cart found abandoned somewhere off the premises of the cart’s owner was removed from the premises without the owner’s consent and that if the City or its contractor removes it and returns it to the retail establishment, the cart was abandoned for more than forty-eight hours.
“Effective shopping cart nuisance abatement” means the retail establishment’s ongoing activities to prevent the theft and abandonment of shopping carts from their parking area, combined with the retail establishment’s ongoing activity to retrieve any abandoned shopping cart owned by the retail establishment from public or private property within the City within forty-eight hours.
“Enforcement personnel” means any person authorized to issue citations as set forth in Palmdale Municipal Code Section 1.16.010.
“Identified cart” means a shopping cart that has a permanently affixed sign that identifies, in accordance with California Business and Professions Code Section 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner’s premises; notifies the public that the unauthorized removal of the cart from the cart owner’s premises or cart owner’s parking area or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart to the owner or retailer. If the cart owner operates more than one store, the sign shall identify the location of the store where the cart is used.
Ordinance No. 1615
“Parking area” means a parking lot or other property provided by a retail establishment for use by a customer for parking an automobile or other vehicle. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the multistore complex or shopping center. “Person” means a natural person, firm, association, organization, partnership, business, trust, corporation, limited liability company, or other entity. “Retail establishment” means any business located in the City which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, or is a private club or business, or is a membership store.
“Unidentified cart” means a shopping cart that is not an identified cart, as defined above.
SECTION 4: Section 12.30.030 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
12.30.030 Declaration of Public Nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to abatement procedures prescribed herein and in PMC Chapter 8.36.
SECTION 5: Section 12.30.040 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
12.30.040 Mandatory shopping cart markings and signage. (A) Each shopping cart used within the City shall be maintained as an identified cart and shall have a permanently affixed, and clearly visible, sign that:
(1) Identifies the owner of the cart or owner’s retail establishment, or both; (2) Lists the address of the owner of the retail establishment for shopping cart return and a telephone number at which a person may contact the owner to retrieve the shopping cart;
(3) Notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; and
Ordinance No. 1615
(4) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law.
(B) It shall be the responsibility of each shopping cart owner to comply with Subsection (A) of this Section, and to continuously maintain, or cause to be maintained, the required sign in such a manner that the required information is accurate, current, and clearly legible.
(C) It shall be the responsibility of each shopping cart owner to provide signage on their premises in a conspicuous location near all customer entrances and exits and throughout the premises, including the parking area, in both English and Spanish, notifying cart users that removal of carts from the premises or parking area is prohibited by State law without the written consent of the retail establishment.
SECTION 6: Section 12.30.050 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
12.30.050 Unlawful removal or possession of shopping carts prohibited – Power to contract.
(A) Unlawful Possession. It is unlawful for any person other than a cart owner or its authorized representative to do any of the following acts:
(1) To remove or cause to be removed any cart from a retail establishment or a parking area without the prior written consent of the owner; (2) To possess any cart that has been removed from a parking area without the prior written consent of the cart owner or retail establishment, with the intent to temporarily or permanently deprive the owner of possession of the cart; (3) To alter, convert, or tamper with any cart, or remove any part or portion thereof, or to remove, obliterate, or alter any identification, including, but not limited to, any serial numbers, or to possess any cart that has been altered, converted, or tampered with or whose identification has been removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart without the prior written consent of the cart owner; or, (4) To abandon or leave any cart, which has been removed from a business establishment or a parking facility, upon any public property or upon any private property that is not the premises of the retail establishment or the parking facility.
Ordinance No. 1615
(B) This Section shall not apply to the owner of a shopping cart or to a retailer, or to their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or a retailer to be in possession of the shopping cart or to remove the shopping cart from the premises or the parking area of the retail establishment, or to do any of the acts specified in subsection (A) of this Section. For purposes of all provisions in this Chapter, any person removing a cart from the retail business or parking area with consent of the cart owner shall carry a copy of such written consent on their person.
(C) Engagement of Contractor. The City may, in accordance with the applicable City policies and as approved by City Council, cause the City to engage a contractor to retrieve abandoned carts and such contractor shall comply with the provisions of this chapter and applicable state law including, but not limited to, Business and Professions Code Section 22435.10 et seq.
(D) In any civil proceeding, any shopping cart which has a sign affixed to it pursuant to Section 12.30.040 shall establish a rebuttable presumption affecting the burden of producing evidence that the property is that of the person or business named in the sign and not abandoned by the person or business named in the sign. (E) In any criminal proceeding, it may be inferred that any shopping cart which has a sign affixed to it pursuant to Section 12.30.040 is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign.
SECTION 7 : Section 12.30.060 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
12.30.060 Effective cart nuisance abatement program.
It is unlawful for any person owning a retail establishment located in the City where carts are available for customer use not to implement and maintain an effective cart nuisance abatement program. Effectiveness is measured by the performance of the retail establishment’s effective cart nuisance abatement program in compliance with this Section. Any cart owner shall implement and use any reasonable means in any combination to: (i) prevent the removal or theft of their carts from their premises and parking area and subsequent abandonment of their carts within the City limits; and (ii) if such prevention measures are not one hundred percent effective, cart owners shall retrieve any and all their abandoned shopping carts from within the City boundaries within forty-eight hours.
(A) Elements of an Effective Cart Nuisance Abatement Program. Within the timeframes set forth in subsections 12.30.060(B) and (D) below, all retail establishments/cart owners must: (i) notify the Director that they own carts for the use of their customers on their premises; and (ii) submit a written plan for the implementation of an effective cart Ordinance No. 1615
nuisance abatement program. The program shall include, but is not limited to, the following:
(1) Either an effective containment program or an effective retrieval program as each is defined in Section 12.30.020, or both.
(2) If a retail establishment has a valid and operational contract with a contractor recognized by the City to retrieve abandoned shopping carts and return them to the retail establishment on an ongoing and regular basis of at least three times per week, then the owner is presumptively deemed to have an effective cart nuisance abatement program, which presumption may be rebutted if the cart retrieval contractor fails to meet the standards for “effectiveness” set forth in this Section.
Nothing in this Section waives or limits compliance with the signage and cart marking mandates in Section 12.30.040.
(B) Submission of Plans for Implementing Effective Cart Nuisance Abatement Program.
All retail establishments operating within the City limits shall submit, obtain approval from the City, and implement an effective cart nuisance abatement program. (1) New or Relocated Retail Establishments. Each new retail establishment, and any existing retail establishment relocating to a different location within the City, shall submit a proposed plan for implementing an effective cart nuisance abatement program complying with the requirements of PMC 12.30.060(C) to the Director, and obtain approval thereof by the City, prior to providing any shopping carts to customers of the retail establishment. Each proposed plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director unless accompanied by the processing fee established by the City Council.
(2) Existing Retail Establishments. Each existing retail establishment that otherwise does not already have an approved plan for effective cart nuisance abatement program, shall either (a) submit a proposed plan complying with the requirements of PMC 12.30.060(C) to the Director within 180 calendar days following the date of the most recent amendment of this Chapter or (b) submit a proposed plan complying with the requirements of PMC 12.30.060(C) to the Director in conjunction with the retail establishment’s business license renewal application submitted to the City pursuant to Section 3.44.240, whichever is sooner. Each proposed plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council.
Ordinance No. 1615
(C) The owner shall have the obligation to provide demonstrable evidence to the Director that the elements proposed will be effective. The proposed plan for an effective cart nuisance abatement program shall contain the following information:
(1) That the retail establishment owns carts for the use of their customers on their premises and parking areas;
(2) The address of the retail establishment and identity of associated parking areas utilized directly for its carts;
(3) A contact phone number at the retail establishment in Palmdale for the person or persons, or job title of the person, who will be responsible for accepting all carts retrieved by the City and returned to the retail establishment during its normal hours of business;
(4) The type, color and number of carts owned;
(5) The plan shall include provisions for the retrieval of abandoned shopping carts consistent with the provisions below:
(a) Retrieval Plan. The owner shall provide a plan for purposes of the retrieval of abandoned shopping carts. Such personnel may be either employees of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both.
(b) Retrieval Area. The owner shall provide a retrieval plan to ensure that all public streets within a minimum one and one-half mile radius of the premises of the retail establishment are patrolled not less often than every 48 hours, and all bus stops within a minimum one and one-half mile radius of the retail establishment are patrolled not less often than every 24 hours, and each abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols is immediately retrieved and removed from any public or private property upon which the cart is found.
(6) Photographic proof of compliance with the signage and cart marking mandates in Section 12.30.040;
(7) A plan for storing shopping carts during non-business hours to prevent theft while the retail establishment is closed;
Ordinance No. 1615
(8) A narrative description, and any plans, photographs or other evidence demonstrating the implementation of an effective cart nuisance abatement program as defined in Section 12.30.020 and in compliance with this Section. (D) Director Review and Approval. The Director shall review the plan for the proposed effective cart nuisance abatement program and approve or deny the plan within 30 days of its receipt. If the program plan is approved, the cart owner/retail establishment shall implement the approved effective cart nuisance abatement program within 30 days from the date of approval. If the plan is incomplete, the Director shall notify the cart owner in writing to revise the plan and resubmit it within 30 days of Director’s notice. The Director may deny a plan for a proposed effective cart nuisance abatement program based upon one or more of the following grounds:
(1) Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police or other provision of this code or any county, state or federal law that substantially affects public health, welfare, or safety; (2) The plan fails to include all of the information required by this Chapter; (3) The proposed plan is insufficient or inadequate to qualify as an effective cart nuisance abatement program as defined in Section 12.30.020 and in compliance with this Section;
(4) The plan is insufficient or inadequate to ensure the prompt retrieval of shopping carts removed from the premises;
(5) The proposed program fails to address any special or unique conditions to the geographical location of the business establishment or parking facility as such conditions relate to cart retention and theft removal prevention; (6) Implementation of the proposed program would violate a term or condition of any agreement between the City on one hand, and the retail establishment, or owner of the parking area, or cart owner, on the other hand; or, (7) The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made.
(E) The decision of the Director shall be made in writing and notice thereof shall be transmitted to the owner of the retail establishment by the United States Postal Service, first-class mail, postage prepaid, or by personal delivery or fax transmission. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. If the plan is rejected as incomplete or inadequate, the Director shall indicate areas of incompleteness or inadequacy, and the Ordinance No. 1615
owner shall have an additional 30 days in which to resubmit a complete and adequate plan. The decision of the Director is final.
(F) Noncompliance. A cart owner who fails to submit an effective cart nuisance abatement program, or whose program is denied, or whose program is approved but who then does not comply with the terms of the approved program, shall be subject to enforcement of these requirements as set forth in Section 12.30.120. Each day during which a retail establishment/cart owner has not complied with the provisions of this Chapter shall constitute a separate violation.
SECTION 8 : Section 12.30.070 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
12.30.070 Modification, Revocation, and Renewal of Effective Cart Nuisance Abatement Plan.
For purpose of enforcing this Chapter, enforcement personnel may enter public or private property as allowed by law, or with the consent of the property owner, or by warrant, to examine a cart or to cause the removal of such cart if authorized pursuant to this Chapter. (A) Modification. Amendments by Owner. The owner of any retail establishment which has an approved effective cart nuisance abatement plan conforming to the requirements of this Chapter may, at any time, submit a proposed amendment to the approved plan, which amendment shall be processed in accordance with the procedure provided for a proposed effective cart nuisance abatement plan as set forth in Section
12.30.060. Each proposed amendment shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed amendment shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council.
(B) Revocation or Amendment by City. An approved effective cart nuisance abatement plan may be revoked by the Director, or modified in lieu of revocation in the exercise of the Director’s sound discretion, upon any of the following grounds:
(1) The owner of any retail establishment is operating, or is permitting operation of, the retail establishment in violation of one or more of the provisions of the approved effective cart nuisance abatement plan and has failed to correct the violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City; or
(2) The owner of any retail establishment with an approved effective cart nuisance abatement plan is operating, or is permitting the operation of, the retail establishment in violation of one or more of the requirements of this Chapter and has failed to correct the violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City; or Ordinance No. 1615
(3) The effective cart nuisance abatement plan, as approved, is inadequate to prevent the removal of shopping carts from the premises of the retail establishment, or reasonably ensure the prompt retrieval of abandoned shopping carts; or
(4) The owner of any retail establishment knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the effective cart nuisance abatement plan, or in any amendment or in any other required document. (C) Renewal. Prior to the expiration of an approved effective cart nuisance abatement plan, the owner of any retail establishment holding an approved effective cart nuisance abatement plan shall submit to the Director a request for renewal. Each request for renewal shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No request for renewal shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council.
(1) The request for renewal shall:
(a) Include a copy of the approved effective cart nuisance abatement plan; and,
(b) Identify any proposed amendments to the approved effective cart nuisance abatement plan.
(2) Requests for renewal shall be processed in accordance with Section
12.30.060(D) and the decision of the Director shall be made in accordance with Section 12.30.060(E).
(3) A renewed effective cart nuisance abatement plan shall be valid for a period of one year or until the date required for renewal of the retail establishment’s existing business license. Each year, a renewal application must be submitted with the retail establishment’s business license renewal application submitted to the City pursuant to Section 3.44.240.
SECTION 9 : Section 12.30.080 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
12.30.080 Abandoned shopping carts – Abatement and storage. (A) Removal. Enforcement personnel shall have the authority to remove any abandoned cart on public or private property, other than from the property of the cart owner, under the following conditions:
(1) Identified Carts. If the abandoned cart is an identified cart, removal may occur three business days after enforcement personnel gives the cart owner actual notice of the cart’s discovery and location. A cart owner is deemed to have actual Ordinance No. 1615
notice three days after the deposit of written notice in the United States mail, posted first-class to the address indicated on the cart or the cart owner’s last known address. If actual notice is provided by telephone, enforcement personnel shall maintain a record of the time, date, and name of the person notified. (2) Unidentified Carts. If the abandoned cart is an unidentified cart, but other information on the cart provides sufficient information as to the identification of the cart owner, removal may occur either after enforcement personnel notifies the owner by telephone of the cart’s discovery and location and grants a reasonable period of time, not to exceed twenty-four hours, for the cart owner to retrieve such cart, or immediately after reasonable efforts by enforcement personnel to notify the owner by telephone have failed. Enforcement personnel shall maintain a record of the time, date, and name of the person notified or attempted to be notified. If the owner cannot be determined from information on the cart, the cart shall be deemed an “unidentified cart” subject to Section 12.30.090.
(B) Storage. Any abandoned cart removed from public or private property by enforcement personnel shall be stored for thirty days at a location designated by the Director, which is reasonably convenient to the cart owner and open for business at least six hours of each business day.
(C) Fees for Actual Costs Payable to City. Any abandoned cart removed from public or private property and stored pursuant to this Section shall be released to the lawful cart owner if claimed within thirty days after such removal and upon payment of a redemption fee. The redemption fee for the removal and storage of any abandoned cart under this Section shall be established by City Council resolution and shall cover the actual costs of removal, storage, and related administrative procedures. The schedule for such fees shall remain on file and be available in the office of the Director and the office of the City Clerk. (D) Fines. In addition to any redemption fee for which a cart owner is liable, the owner shall also be liable for a fine in an amount established by resolution of the City Council for each occurrence in excess of three during any six-month period for failure to retrieve a cart in accordance with Section 12.30.090(A)(4). As used herein, an “occurrence” includes all of owner’s carts impounded in accordance with this Chapter in a one-day period.
SECTION 10: Section 12.30.090 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
12.30.090 Option for immediate impoundment.
(A) Notwithstanding Section 12.30.080(A), enforcement personnel may impound an abandoned cart that otherwise meets the criteria set forth in Section 12.30.080(A) without complying with the three business day advance-notice requirement provided that each of the following is met:
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(1) The cart owner of the abandoned cart is provided actual notice within twenty- four hours following the impound and that notice informs the cart owner as to the location where the cart may be claimed;
(2) Any cart so impounded shall be held at a location in compliance with Section
12.30.080(B);
(3) Any cart reclaimed by the cart owner within three business days following the date of actual notice as provided pursuant to this Section, shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any redemption fees that would otherwise be applicable pursuant to Section
12.30.080(C); and,
(4) Any cart not reclaimed by the cart owner within three business days following the date of actual notice as provided pursuant to this Section, shall be subject to any applicable fee imposed pursuant to Section 12.30.080(C) commencing on the fourth business day following the date of notice but accruing from the date of retrieval and storage, and any applicable fine imposed pursuant to Section
12.30.080(D). Any cart reclaimed by the owner within three business days following the date of actual notice as provided pursuant to this Section, shall not be deemed an “occurrence” under Section 12.30.080(D).
(B) Any shopping cart involved in a violation of Section 12.30.050(A) is subject to immediate impoundment, and such impoundment shall follow the procedures provided in Section 12.30.090(A).
(C) Sale; Final Disposition. Any cart not reclaimed by the cart owner within thirty days of receipt following the date of actual notice as provided pursuant to this Section, may be sold or disposed of in accordance with Section 12.30.110.
SECTION 11: Section 12.30.100 of Title 12 of the Palmdale Municipal Code is hereby amended to read as follows:
12.30.100 Notice of violation on unidentified shopping carts.
Within ten days of the removal of an abandoned cart pursuant to this Chapter, enforcement personnel shall provide notice to any known owner of the cart by first-class mail at the address indicated on the cart or the cart owner’s last known address.
The notice shall include the following information:
(i) date and location of removal of the cart from public or private property; (ii) procedure for recovering such cart; and
(iii) last possible date such cart may be recovered. If the cart owner is unknown and not clearly identified on the cart, the cart shall be designated “unidentified.” Enforcement personnel, for each unidentified cart, shall maintain a record containing the information above and a brief description of the cart.
Ordinance No. 1615
SECTION 12: Section 12.30.110 is hereby added to Chapter 12.30 of Title 12 of the Palmdale Municipal Code, and is to read in its entirety as follows:
12.30.110 Final disposition of unclaimed shopping carts.
Thirty days after notice is given to the owner, or after any shopping cart is designated “unidentified” pursuant to Section 12.30.100, any abandoned cart not claimed may be sold at public auction or otherwise disposed of. Any proceeds derived from such auction or disposal shall be used to pay the costs of removal, storage, and related administrative procedures. Surplus proceeds derived from such auction or disposal shall be deposited in the general fund of the City.
SECTION 13: Section 12.30.120 is hereby added to Chapter 12.30 of Title 12 of the Palmdale Municipal Code, and is to read in its entirety as follows:
12.30.120 Enforcement.
For purpose of enforcing this Chapter, enforcement personnel may enter public or private property as allowed by law, or with the consent of the property owner, or by warrant, to examine a cart or to cause the removal of such cart if authorized pursuant to this chapter.
Any person violating any of the provisions of this Chapter shall be punishable as set forth in PMC Title 1. Where the conduct constituting the violation is of a continuing nature, each day that the conduct continues shall be deemed a separate and distinct violation.
All retail establishment governed by this Chapter shall also comply with all other regulations and provisions in the City, including zoning and business licensing requirements.
SECTION 14: Chapter 12.36, Parking Restricted to Facilitate Street Sweeping is hereby added to Title 12 of the Palmdale Municipal Code, and is to be read in its entirety as follows:
Chapter 12.36
Parking Restricted to Facilitate Street Sweeping
12.36.010 Purpose and intent.
12.36.020 Definitions.
12.36.030 Authority.
12.36.040 Application.
12.36.050 Violation – Penalty.
12.36.010 Purpose and intent.
The purpose and intent of this Chapter is to restrict parking on City streets for limited periods on designated days to facilitate street sweeping to reduce risks of blocked gutters, flooding, and hazardous conditions associated with flooded public streets.
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Uncollected debris or green waste left in City street gutters has the ability to enter into storm drains and clog or completely block gutters, which can result in flooding. Flooding has the capability to block streets and sidewalks, which can create hazardous conditions for pedestrians, cyclists, and motorists.
Further, the uncollected debris or green waste that enters the City’s storm drains can affect the health of the environment and animal inhabitants that are located within the creeks, estuaries, and any surrounding bodies of water.
This Chapter is adopted pursuant to the authority granted by California Vehicle Code Sections 22507 and 22507.6, including any successor statutes, for the purpose of restricting parking to facilitate City street sweeping and related procedures.
The purpose of this Chapter is to restrict parking on City streets or portions thereof for the purpose of allowing unobstructed street sweeping.
12.36.020 Definitions.
As used in this Chapter, the terms listed below shall have the following meaning assigned to them:
(A) “Entrance” means the intersection of any street or streets comprising an area of restricted parking for street-sweeping purposes on the same day or days and hours with another street or highway not subject to such a parking restriction, or subject to parking restrictions on different days and hours.
(B) “Person” means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
(C) “Vehicle” means a vehicle as defined in Section 670 of the California Vehicle Code as the Section now reads or may hereafter be amended.
(D) The definitions set forth in PMC Chapter 1.20 are also applicable to this Chapter.
12.36.030 Authority.
(A) Authority to regulate. The Director is authorized to do the following:
(1) Determine the dates and times it is necessary to restrict parking on City streets (2) Determine the location for placement and install signs restricting parking on any street or portion thereof on which it is necessary to restrict parking. (a) All restrictive parking signs shall be installed in a conspicuous place at each street and shall be no less than 17 inches by 22 inches in size, with Ordinance No. 1615
lettering not less than one inch in height, setting forth the day or days and hours parking is prohibited.
(3) Use discretional authority to determine and provide exemptions to persons for enforcement of this Chapter including but not limited to exemptions from these provisions for City projects previously approved by the City or if the provisions of this Chapter interfere with an existing special event permit or encroachment permit issued by the City. The Director at his/her sole discretion shall determine whether an exemption applies and if an exemption should be issued. (B) Authority to enforce. All Enforcement Officers, any person or entity designated to do so by the Department, and by an entity or individual authorized pursuant to a written contract with the City to enforce parking regulations are authorized to enforce all provisions of this Chapter.
12.36.040 Application.
(A) Parking restricted where restrictive parking signs are posted. (1) It is unlawful for any person to stop, stand, physically interfere, or park a vehicle on portions of City streets during the limited periods of time on designated days where authorized signs indicating restrictive parking has been posted on City streets or portions thereof in accordance with this Chapter. (B) Exceptions. Section 12.36.040(A)(1) shall apply at all times and places within the City, except as follows:
(1) When operating in accordance with an exemption issued by the Director pursuant to Section 12.36.030(A)(3);
(2) When it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control device; (3) To any authorized emergency vehicles or a public utility vehicle utilized for responding to emergency incidents;
(4) When a more restrictive parking regulation has been established and adopted by the City Council;
(5) To any school bus designed and used or maintained for the transportation of any school pupil at or below the twelfth-grade level to or from a public or private school or to or from public or private school activities; and, (6) When a commercial vehicle is making pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.
(7) When street sweeping services are postponed by one day due to a holiday observed by street sweeping provider.
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12.36.050 Violation – Penalty.
Pursuant to California Vehicle Code Section 40000.1, violations of any provision of this Chapter shall be punishable as an infraction pursuant to enforcement procedures set forth in PMC Title 1. Each day that a violation of this Chapter occurs shall constitute a new and separate offense.
SECTION 15: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
SECTION 16: This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 17: The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law.
SECTION 18: The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Ordinance No. 1615
PASSED, APPROVED and ADOPTED this 15th day of November 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ ________________________________ William P. Curley, III, City Attorney Rochelle Scott, Acting City Clerk I, Rochelle Scott, Acting City Clerk of the City of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the ______ day of _____________, 20___ effective on the ____ day of ___________, 20___ by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
EXHIBIT I
REDLINES
12.30.010 Purpose – Declaration of nuisance Findings and purpose
12.30.020 Definitions
(A) “Abandoned shopping cart” means a shopping cart which is either (1) removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart, or (2) left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner. For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen or abandoned, even if in the possession of any person, unless such person in possession thereof either (1) is the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart, (2) is an officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts, or (3) is an enforcement officer retrieving, storing or disposing of the cart pursuant to the provisions of this chapter. (B) “Cart control plan” means a written plan, developed in accordance with PMC
12.30.060 and approved by the City, to prevent customers from removing shopping carts from the premises of a retail establishment without authorization of the owner and to provide for the prompt retrieval of any abandoned shopping cart. (C) “Director” means the Director of Planning of the City, or his or her designee. (D) “Enforcement personnel” means any person authorized to issue citations as set forth in PMC 1.16.010.
(E) “Owner” means any owner, manager, or operator of any retail establishment. (F) “Parking area” means a parking lot or other property provided by a retail establishment for the use of customers of such retail establishment for parking of customer vehicles.
The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the multistore complex or shopping center.
(G) “Planning Commission” means the Planning Commission of the City.
Exhibit I
Ordinance No. 1615
(H) “Premises” means any building, property or other area upon which any retail establishment business is conducted or operated in the City, including the parking area provided for customers of such retail establishment.
(I) “Retail establishment” means any business located in the City which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, or is a private club or business, or is a membership store.
(J) “Shopping cart” or “cart” means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. (Ord. 1336 § 1, 2008)
“Abandoned shopping cart” means a shopping cart which is either (1) removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart, or (2) left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner. For purposes of this Chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen or abandoned, even if in the possession of any person, unless such person in possession thereof either (1) is the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart, (2) is an officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts, or (3) is enforcement personnel retrieving, storing or disposing of the cart pursuant to the provisions of this Chapter. “Cart owner” means every business or person who, in connection with the conduct of a retail establishment who owns, rightfully possesses, or makes any cart available to patrons and/or the public. This shall include the owner’s agent or authorized representative.
“Contractor” means an authorized independent person approved by the City Council or their designee for the purpose of effecting the removal of abandoned shopping carts. “Director” means the Manager of Planning of the City, or their designee.
Exhibit I
Ordinance No. 1615
“Effective containment program” means a system selected by the retail establishment that results in no more than five shopping carts being removed without the owner’s consent from the business premises or parking area within the twelve-month period commencing with the issuance of a business registration and licensing or the renewal of the business registration and licensing (minimum of five carts in a twelve-month time period). An effective containment program may include one or more of the following measures:
(1) Disabling devices on all shopping carts such as electronic or magnetic systems, which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts;
(2) Maintaining one or more security guards assigned the responsibility to deter or stop customers from removing shopping carts from the premises; (3) Providing courtesy clerks to accompany customers out of the store and return shopping carts to the store; and/or,
(4) Any other measure approved by the Director in writing as a means to contain carts on the premises.
“Effective retrieval program” means no more than five abandoned shopping carts are collected by the City or its contractor within the City limits and returned to the retail establishment within the twelve-month period commencing with the issuance of a business registration and licensing or the renewal of the business registration and licensing (minimum of five carts in a twelve-month time period). There is a rebuttable presumption that a cart found abandoned somewhere off the premises of the cart’s owner was removed from the premises without the owner’s consent and that if the City or its contractor removes it and returns it to the retail establishment, the cart was abandoned for more than forty-eight hours.
“Effective shopping cart nuisance abatement” means the retail establishment’s ongoing activities to prevent the theft and abandonment of shopping carts from their parking area, combined with the retail establishment’s ongoing activity to retrieve any abandoned shopping cart owned by the retail establishment from public or private property within the City within forty-eight hours.
“Enforcement personnel” means any person authorized to issue citations as set forth in Palmdale Municipal Code Section 1.16.010.
Exhibit I
Ordinance No. 1615
“Identified cart” means a shopping cart that has a permanently affixed sign that identifies, in accordance with California Business and Professions Code Section 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner’ s premises; notifies the public that the unauthorized removal of the cart from the cart owner’s premises or cart owner’s parking area or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart to the owner or retailer. If the cart owner operates more than one store, the sign shall identify the location of the store where the cart is used.
“Parking area” means a parking lot or other property provided by a retail establishment for use by a customer for parking an automobile or other vehicle. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the multistore complex or shopping center. “Person” means a natural person, firm, association, organization, partnership, business, trust, corporation, limited liability company, or other entity. “Unidentified cart” means a shopping cart that is not an identified cart, as defined above.
12.30.030 Shopping cart signs required Declaration of Public Nuisance (A) Each shopping cart used within the City shall have a permanently affixed, and clearly visible, sign that:
(1) Identifies the owner of the cart or owner’s retail establishment, or both; (2) Lists the address of the owner of the retail establishment for shopping cart return and a telephone number at which a person may contact the owner to retrieve the shopping cart;
(3) Notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; and
(4) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law.
Exhibit I
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(B) It shall be the responsibility of each shopping cart owner to comply with subsection (A) of this section, and to continuously maintain, or cause to be maintained, the required sign in such a manner that the required information is accurate, current, and clearly legible. (Ord. 1336 § 1, 2008)
Any violation of this Chapter shall constitute a public nuisance subject to abatement procedures prescribed herein and in PMC Chapter 8.36.
12.30.040 Unauthorized removal or possession of a shopping cart Mandatory shopping cart markings and signage
(A) It is unlawful to do any of the following acts, if a shopping cart has a permanently affixed sign as provided in PMC 12.30.030:
(1) To remove a shopping cart from the premises or parking area of a retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
(2) To be in possession of any shopping cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (3) To be in possession of any shopping cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
(4) To leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
(5) To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (6) To be in possession of any shopping cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (B) This section shall not apply to the owner of a shopping cart or to a retailer, or to their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or a retailer to be in possession of the shopping cart or Exhibit I
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to remove the shopping cart from the premises or the parking area of the retail establishment, or to do any of the acts specified in subsection (A) of this section. (C) In any civil proceeding, any shopping cart which has a sign affixed to it pursuant to PMC 12.30.030 shall establish a rebuttable presumption affecting the burden of producing evidence that the property is that of the person or business named in the sign and not abandoned by the person or business named in the sign.
(D) In any criminal proceeding, it may be inferred that any shopping cart which has a sign affixed to it pursuant to PMC 12.30.030 is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign. (Ord. 1336 § 1, 2008)
(A) Each shopping cart used within the City shall be maintained as an identified cart and shall have a permanently affixed, and clearly visible, sign that:
(1) Identifies the owner of the cart or owner’s retail establishment, or both; (2) Lists the address of the owner of the retail establishment for shopping cart return and a telephone number at which a person may contact the owner to retrieve the shopping cart;
(3) Notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; and
(4) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law.
(B) It shall be the responsibility of each shopping cart owner to comply with Subsection (A) of this Section, and to continuously maintain, or cause to be maintained, the required sign in such a manner that the required information is accurate, current, and clearly legible.
(C) It shall be the responsibility of each shopping cart owner to provide signage on their premises in a conspicuous location near all customer entrances and exits and throughout the premises, including the parking area, in both English and Spanish, notifying cart users that removal of carts from the premises or parking area is prohibited by State law without the written consent of the retail establishment.
Exhibit I
Ordinance No. 1615
12.30.050 Abatement, removal and storage of abandoned shopping cart Unlawful removal or possession of shopping carts prohibited – Power to contract. (A) The City Manager, or his designee, is authorized to abate, remove and store abandoned shopping carts found within the City. Procedures relating to the abatement, removal and storage of abandoned shopping carts shall be pursuant to Section 22435.7 of the California Business and Professions Code.
(B) The administrative fees for the removal and storage of shopping carts shall be established or modified by resolution of the City Council and shall include the actual cost of removal and storage of any shopping cart, or parts thereof, and the proportionate share of any administrative costs associated therewith. (Ord. 1336 § 1, 2008) (A) Unlawful Possession. It is unlawful for any person other than a cart owner or its authorized representative to do any of the following acts:
(1) To remove or cause to be removed any cart from a retail establishment or a parking area without the prior written consent of the owner;
(2) To possess any cart that has been removed from a parking area without the prior written consent of the cart owner or retail establishment, with the intent to temporarily or permanently deprive the owner of possession of the cart; (3) To alter, convert, or tamper with any cart, or remove any part or portion thereof, or to remove, obliterate, or alter any identification, including, but not limited to, any serial numbers, or to possess any cart that has been altered, converted, or tampered with or whose identification has been removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart without the prior written consent of the cart owner; or,
(4) To abandon or leave any cart, which has been removed from a business establishment or a parking facility, upon any public property or upon any private property that is not the premises of the retail establishment or the parking facility. (B) This Section shall not apply to the owner of a shopping cart or to a retailer, or to their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or a retailer to be in possession of the shopping cart or to remove the shopping cart from the premises or the parking area of the retail establishment, or to do any of the acts specified in subsection (A) of this Section. For purposes of all provisions in this Chapter, any person removing a cart from the retail Exhibit I
Ordinance No. 1615
business or parking area with consent of the cart owner shall carry a copy of such written consent on their person.
(C) Engagement of Contractor. The City may, in accordance with the applicable City policies and as approved by City Council, cause the City to engage a contractor to retrieve abandoned carts and such contractor shall comply with the provisions of this chapter and applicable state law including, but not limited to, Business and Professions Code Section 22435.10 et seq.
(D) In any civil proceeding, any shopping cart which has a sign affixed to it pursuant to Section 12.30.040 shall establish a rebuttable presumption affecting the burden of producing evidence that the property is that of the person or business named in the sign and not abandoned by the person or business named in the sign. (E) In any criminal proceeding, it may be inferred that any shopping cart which has a sign affixed to it pursuant to Section 12.30.040 is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign.
12.30.060 Shopping cart control plan Effective cart nuisance abatement program (A) Except as otherwise provided in this chapter, every owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City designed to prevent customers from removing shopping carts from the premises of the retail establishment without authorization of the owner and to provide for the prompt retrieval of any abandoned shopping cart.
(B) The shopping cart control plan shall be designed to effectively prevent the removal of shopping carts from the retail establishment. The owner shall have the obligation to provide demonstrable evidence to the Director that the elements proposed will be effective. The plan shall include the following elements:
(1) Signs Affixed to Carts. Every shopping cart made available for use by customers shall comply with the sign requirements of PMC 12.30.030.
(2) Signs Posted on Premises. Conspicuous signs, in both English and Spanish, shall be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state law. (3) Shopping Cart Inventory. The cart control plan shall include a complete list of all shopping carts maintained on or in the retail establishment.
Exhibit I
Ordinance No. 1615
(4) Cart Containment. Specific physical measures shall be implemented and maintained by the owner to prevent, deter or impede the removal of shopping carts from the premises.
Such physical measures shall be specifically identified in the cart control plan and may include, but are not limited to, the following:
(a) Electronic or other disabling devices installed and maintained on carts; (b) Maintaining one or more security guards assigned the responsibility to deter or stop customers from removing shopping carts from the premises; (c) Providing courtesy clerks to accompany customers out of the store and return shopping carts to the store;
(d) Any other physical measures designed to prevent, deter or impede the removal of shopping carts from the premises that is approved by the City. (5) Employee Training. The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the cart control plan and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. The cart control plan shall expressly describe the employee training program.
(6) Cart Confinement During Non-Business Hours. The cart control plan shall include a plan for storing shopping carts during non-business hours to prevent theft while the retail establishment is closed.
(7) Shopping Cart Retrieval. The cart control plan shall include provisions for the retrieval of abandoned shopping carts. The cart retrieval element should identify the following:
(a) Retrieval Personnel. The owner shall provide personnel for purposes of the retrieval of abandoned shopping carts. Such personnel may be either employees of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both. The cart control plan shall either (i) identify the number of employees who will be assigned such cart retrieval duties, the number of total hours per week that each assigned employee will perform such services (in addition to any on-premises retrieval duties to which such employee may be assigned), and the training each of such personnel has received or will receive concerning the retrieval of abandoned shopping carts, and/or (ii) include a copy of each contract with a cart retrieval Exhibit I
Ordinance No. 1615
service (other than confidential financial information which may be redacted from the contract).
(b) Retrieval Area. The owner shall provide retrieval personnel in sufficient number to assure that all public streets within a minimum one and one-half mile radius of the premises of the retail establishment are patrolled not less often than every 48 hours, and all bus stops within a minimum one and one-half mile radius of the retail establishment are patrolled not less often than every 24 hours, and each abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols is immediately retrieved and removed from any public or private property upon which the cart is found. The cart control plan shall identify the perimeter streets and bus stops in which all streets within the perimeter area will be patrolled as required by this subsection; the manner, frequency and times of such patrols; and the procedures to be employed by the retail establishment to identify and retrieve any abandoned shopping carts. The cart control plan shall identify the number of trucks, hours of operation of the retrieval personnel, and such other information as reasonably required by the City to assure that the owner is devoting sufficient resources to cart retrieval operations to comply with the provisions of this section and the approved cart control plan. (C) Collaboration with Other Businesses. Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single cart control plan.
(D) Exemption. The requirements of this section shall not apply to any retail establishment that provides a total of 10 or less shopping carts for use by customers. (Ord. 1336 § 1, 2008)
It is unlawful for any person owning a retail establishment located in the City where carts are available for customer use not to implement and maintain an effective cart nuisance abatement program. Effectiveness is measured by the performance of the retail establishment’s effective cart nuisance abatement program in compliance with this Section. Any cart owner shall implement and use any reasonable means in any combination to: (i) prevent the removal or theft of their carts from their premises and parking area and subsequent abandonment of their carts within the City limits; and (ii) if such prevention measures are not one hundred percent effective, cart owners shall retrieve any and all their abandoned shopping carts from within the City boundaries within forty-eight hours.
(A) Elements of an Effective Cart Nuisance Abatement Program. Within the timeframes set forth in subsections 12.30.060(B) and (D) below, all retail establishments/cart owners must: (i) notify the Director that they own carts for the use of their customers on their Exhibit I
Ordinance No. 1615
premises; and (ii) submit a written plan for the implementation of an effective cart nuisance abatement program. The program shall include, but is not limited to, the following:
(1) Either an effective containment program or an effective retrieval program as each is defined in Section 12.30.020, or both.
(2) If a retail establishment has a valid and operational contract with a contractor recognized by the City to retrieve abandoned shopping carts and return them to the retail establishment on an ongoing and regular basis of at least three times per week, then the owner is presumptively deemed to have an effective cart nuisance abatement program, which presumption may be rebutted if the cart retrieval contractor fails to meet the standards for “effectiveness” set forth in this Section. Nothing in this Section waives or limits compliance with the signage and cart marking mandates in Section 12.30.040. (B) Submission of Plans for Implementing Effective Cart Nuisance Abatement Program.
All retail establishments operating within the City limits shall submit, obtain approval from the City, and implement an effective cart nuisance abatement program. (1) New or Relocated Retail Establishments. Each new retail establishment, and any existing retail establishment relocating to a different location within the City, shall submit a proposed plan for implementing an effective cart nuisance abatement program complying with the requirements of PMC 12.30.060(C) to the Director, and obtain approval thereof by the City, prior to providing any shopping carts to customers of the retail establishment. Each proposed plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director unless accompanied by the processing fee established by the City Council.
(2) Existing Retail Establishments. Each existing retail establishment that otherwise does not already have an approved plan for effective cart nuisance abatement program, shall either (a) submit a proposed plan complying with the requirements of PMC 12.30.060(C) to the Director within 180 calendar days following the date of the most recent amendment of this Chapter or (b) submit a proposed plan complying with the requirements of PMC
12.30.060(C) to the Director in conjunction with the retail establishment’s business license renewal application submitted to the City pursuant to Section 3.44.240, whichever is sooner. Each proposed plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council.
Exhibit I
Ordinance No. 1615
(C) The owner shall have the obligation to provide demonstrable evidence to the Director that the elements proposed will be effective. The proposed plan for an effective cart nuisance abatement program shall contain the following information:
(1) That the retail establishment owns carts for the use of their customers on their premises and parking areas;
(2) The address of the retail establishment and identity of associated parking areas utilized directly for its carts;
(3) A contact phone number at the retail establishment in Palmdale for the person or persons, or job title of the person, who will be responsible for accepting all carts retrieved by the City and returned to the retail establishment during its normal hours of business; (4) The type, color and number of carts owned;
(5) The plan shall include provisions for the retrieval of abandoned shopping carts consistent with the provisions below:
(a) Retrieval Plan. The owner shall provide a plan for purposes of the retrieval of abandoned shopping carts. Such personnel may be either employees of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both.
(b) Retrieval Area. The owner shall provide a retrieval plan to ensure that all public streets within a minimum one and one-half mile radius of the premises of the retail establishment are patrolled not less often than every 48 hours, and all bus stops within a minimum one and one-half mile radius of the retail establishment are patrolled not less often than every 24 hours, and each abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols is immediately retrieved and removed from any public or private property upon which the cart is found. (6) Photographic proof of compliance with the signage and cart marking mandates in Section 12.30.040;
(7) A plan for storing shopping carts during non-business hours to prevent theft while the retail establishment is closed;
(8) A narrative description, and any plans, photographs or other evidence demonstrating the implementation of an effective cart nuisance abatement program as defined in Section
12.30.020 and in compliance with this Section.
Exhibit I
Ordinance No. 1615
(D) Director Review and Approval. The Director shall review the plan for the proposed effective cart nuisance abatement program and approve or deny the plan within 30 days of its receipt. If the program plan is approved, the cart owner/retail establishment shall implement the approved effective cart nuisance abatement program within 30 days from the date of approval. If the plan is incomplete, the Director shall notify the cart owner in writing to revise the plan and resubmit it within 30 days of Director’s notice. The Director may deny a plan for a proposed effective cart nuisance abatement program based upon one or more of the following grounds:
(1) Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police or other provision of this code or any county, state or federal law that substantially affects public health, welfare, or safety; (2) The plan fails to include all of the information required by this Chapter; (3) The proposed plan is insufficient or inadequate to qualify as an effective cart nuisance abatement program as defined in Section 12.30.020 and in compliance with this Section; (4) The plan is insufficient or inadequate to ensure the prompt retrieval of shopping carts removed from the premises;
(5) The proposed program fails to address any special or unique conditions to the geographical location of the business establishment or parking facility as such conditions relate to cart retention and theft removal prevention;
(6) Implementation of the proposed program would violate a term or condition of any agreement between the City on one hand, and the retail establishment, or owner of the parking area, or cart owner, on the other hand; or,
(7) The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made.
(E) The decision of the Director shall be made in writing and notice thereof shall be transmitted to the owner of the retail establishment by the United States Postal Service, first-class mail, postage prepaid, or by personal delivery or fax transmission. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. If the plan is rejected as incomplete or inadequate, the Director shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional 30 days in which to resubmit a complete and adequate plan. The decision of the Director is final.
Exhibit I
Ordinance No. 1615
(F) Noncompliance. A cart owner who fails to submit an effective cart nuisance abatement program, or whose program is denied, or whose program is approved but who then does not comply with the terms of the approved program, shall be subject to enforcement of these requirements as set forth in Section 12.30.120. Each day during which a retail establishment/cart owner has not complied with the provisions of this Chapter shall constitute a separate violation.
12.30.070 Shopping cart control plan approval Modification, Revocation, and Renewal of Effective Cart Nuisance Abatement Plan.
(A) New or Relocated Retail Establishments. Unless exempt, each new retail establishment, and any existing retail establishment relocating to a different location within the City, shall submit a proposed shopping cart control plan complying with the requirements of PMC 12.30.060 to the Director, and obtain approval thereof by the City, prior to providing any shopping carts to customers of the retail establishment. Each proposed shopping cart control plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director unless accompanied by the processing fee established by the City Council.
(B) Existing Retail Establishments. Unless exempt, each existing retail establishment shall submit a proposed plan complying with the requirements of PMC 12.30.060 to the Director within 180 calendar days following the date of adoption of this chapter. Each proposed plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council.
(C) Plan Review and Approval. Upon the filing of any proposed shopping cart control plan pursuant to PMC 12.30.060 or a request for renewal of an approved shopping cart control plan pursuant to PMC 12.30.090, and receipt of the required processing fee, the Director shall review the proposed plan and either approve or deny approval of the proposed plan within 30 calendar days following the receipt thereof by the Director. The Director may deny a plan based upon any of the following grounds:
(1) Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police or other provision of this code or any county, state or federal law that substantially affects public health, welfare, or safety; (2) The plan fails to include all of the information required by this chapter; Exhibit I
Ordinance No. 1615
(3) The plan is insufficient or inadequate to prevent removal of shopping carts from the premises;
(4) The plan is insufficient or inadequate to ensure the prompt retrieval of shopping carts removed from the premises;
(5) The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to shopping cart retention and theft prevention efforts;
(6) Implementation of the plan violates a term or condition of a plan or other requirement of this code;
(7) The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made.
(D) The decision of the Director shall be made in writing and notice thereof shall be transmitted to the owner of the retail establishment by the United States Postal Service, first-class mail, postage prepaid, or by personal delivery or fax transmission. The notice of decision of the Director shall be deemed given to the owner on the date of personal delivery or on the date of the fax transmission to the owner. Notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given to the owner on the fifth day following the date of deposit in the course of transmission with the United States Postal Service, first-class mail, postage prepaid. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. If the plan is rejected as incomplete or inadequate, the Director shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional 30 days in which to resubmit a complete and adequate plan. The decision of the Director is final.
(E) Upon approval, a shopping cart control plan shall be valid for a period of five years. (Ord. 1336 § 1, 2008)
For purpose of enforcing this Chapter, enforcement personnel may enter public or private property as allowed by law, or with the consent of the property owner, or by warrant, to examine a cart or to cause the removal of such cart if authorized pursuant to this Chapter. (A) Modification. Amendments by Owner. The owner of any retail establishment which has an approved effective cart nuisance abatement plan conforming to the requirements of this Chapter may, at any time, submit a proposed amendment to the approved plan, Exhibit I
Ordinance No. 1615
which amendment shall be processed in accordance with the procedure provided for a proposed effective cart nuisance abatement plan as set forth in Section 12.30.060. Each proposed amendment shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed amendment shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council.
(B) Revocation or Amendment by City. An approved effective cart nuisance abatement plan may be revoked by the Director, or modified in lieu of revocation in the exercise of the Director’s sound discretion, upon any of the following grounds:
(1) The owner of any retail establishment is operating, or is permitting operation of, the retail establishment in violation of one or more of the provisions of the approved effective cart nuisance abatement plan and has failed to correct the violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City; or
(2) The owner of any retail establishment with an approved effective cart nuisance abatement plan is operating, or is permitting the operation of, the retail establishment in violation of one or more of the requirements of this Chapter and has failed to correct the violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City; or
(3) The effective cart nuisance abatement plan, as approved, is inadequate to prevent the removal of shopping carts from the premises of the retail establishment, or reasonably ensure the prompt retrieval of abandoned shopping carts; or (4) The owner of any retail establishment knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the effective cart nuisance abatement plan, or in any amendment or in any other required document. (C) Renewal. Prior to the expiration of an approved effective cart nuisance abatement plan, the owner of any retail establishment holding an approved effective cart nuisance abatement plan shall submit to the Director a request for renewal. Each request for renewal shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No request for renewal shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council. (1) The request for renewal shall:
(a) Include a copy of the approved effective cart nuisance abatement plan; and, Exhibit I
Ordinance No. 1615
(b) Identify any proposed amendments to the approved effective cart nuisance abatement plan.
(2) Requests for renewal shall be processed in accordance with Section 12.30.060(D) and the decision of the Director shall be made in accordance with Section 12.30.060(E). (3) A renewed effective cart nuisance abatement plan shall be valid for a period of one year or until the date required for renewal of the retail establishment’s existing business license. Each year, a renewal application must be submitted with the retail establishment’s business license renewal application submitted to the City pursuant to Section 3.44.240.
12.30.080 Shopping cart control plan modification Abandoned shopping carts – Abatement and storage.
(A) Amendments by Owner. The owner of any retail establishment which has an approved shopping cart control plan conforming to the requirements of this chapter may, at any time, submit a proposed amendment to the approved plan, which amendment shall be processed in accordance with the procedure provided for a proposed shopping cart control plan as set forth in PMC 12.30.070. Each proposed amendment shall be accompanied by a processing fee in an amount as set by resolution of the City Council.
No proposed amendment shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council. (B) Revocation or Amendment by City. An approved shopping cart control plan may be revoked by the Director, or modified in lieu of revocation in the exercise of the Director’s sound discretion, upon any of the following grounds:
(1) The owner of any retail establishment is operating, or is permitting operation of, the retail establishment in violation of one or more of the provisions of the approved shopping cart control plan and has failed to correct the violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City; or
(2) The owner of any retail establishment with an approved shopping cart control plan is operating, or is permitting the operation of, the retail establishment in violation of one or more of the requirements of this chapter and has failed to correct the violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City; or
Exhibit I
Ordinance No. 1615
(3) The shopping cart control plan, as approved, is inadequate to prevent the removal of shopping carts from the premises of the retail establishment, or reasonably ensure the prompt retrieval of abandoned shopping carts; or
(4) The owner of any retail establishment knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the shopping cart control plan, or in any amendment or in any other required document. (Ord. 1336 § 1, 2008) (A) Removal. Enforcement personnel shall have the authority to remove any abandoned cart on public or private property, other than from the property of the cart owner, under the following conditions:
(1) Identified Carts. If the abandoned cart is an identified cart, removal may occur three business days after enforcement personnel gives the cart owner actual notice of the cart’s discovery and location. A cart owner is deemed to have actual notice three days after the deposit of written notice in the United States mail, posted first-class to the address indicated on the cart or the cart owner’s last known address. If actual notice is provided by telephone, enforcement personnel shall maintain a record of the time, date, and name of the person notified.
(2) Unidentified Carts. If the abandoned cart is an unidentified cart, but other information on the cart provides sufficient information as to the identification of the cart owner, removal may occur either after enforcement personnel notifies the owner by telephone of the cart’s discovery and location and grants a reasonable period of time, not to exceed twenty-four hours, for the cart owner to retrieve such cart, or immediately after reasonable efforts by enforcement personnel to notify the owner by telephone have failed. Enforcement personnel shall maintain a record of the time, date, and name of the person notified or attempted to be notified. If the owner cannot be determined from information on the cart, the cart shall be deemed an “unidentified cart” subject to Section 12.30.090. (B) Storage. Any abandoned cart removed from public or private property by enforcement personnel shall be stored for thirty days at a location designated by the Director, which is reasonably convenient to the cart owner and open for business at least six hours of each business day.
(C) Fees for Actual Costs Payable to City. Any abandoned cart removed from public or private property and stored pursuant to this Section shall be released to the lawful cart owner if claimed within thirty days after such removal and upon payment of a redemption fee. The redemption fee for the removal and storage of any abandoned cart under this Section shall be established by City Council resolution and shall cover the actual costs of removal, storage, and related administrative procedures. The schedule for such fees shall remain on file and be available in the office of the Director and the office of the City Clerk.
Exhibit I
Ordinance No. 1615
(D) Fines. In addition to any redemption fee for which a cart owner is liable, the owner shall also be liable for a fine in an amount established by resolution of the City Council for each occurrence in excess of three during any six-month period for failure to retrieve a cart in accordance with Section 12.30.090(A)(4). As used herein, an “occurrence” includes all of owner’s carts impounded in accordance with this Chapter in a one-day period.
12.30.090 Shoping cart control plan renewal Option for immediate impoundment. (A) Prior to the expiration of an approved shopping cart control plan, the owner of any retail establishment holding an approved shopping cart control plan shall submit to the Director a request for renewal. Each request for renewal shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No request for renewal shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council. (B) The request for renewal shall:
(1) Include a copy of the approved shopping cart control plan; (2) Demonstrate compliance with the approved cart control plan; (3) Identify any proposed amendments to the approved cart control plan; and (4) Identify the number of carts retrieved under the approved cart control plan. (C) Requests for renewal shall be processed in accordance with PMC 12.30.070(C) and the decision of the Director shall be made in accordance with PMC 12.30.070(D). (D) A renewed shopping cart control plan shall be valid for a period of five years. (Ord. 1336 § 1, 2008)
(A) Notwithstanding Section 12.30.080(A), enforcement personnel may impound an abandoned cart that otherwise meets the criteria set forth in Section 12.30.080(A) without complying with the three business day advance-notice requirement provided that each of the following is met:
(1) The cart owner of the abandoned cart is provided actual notice within twenty-four hours following the impound and that notice informs the cart owner as to the location where the cart may be claimed;
Exhibit I
Ordinance No. 1615
(2) Any cart so impounded shall be held at a location in compliance with Section
12.30.080(B);
(3) Any cart reclaimed by the cart owner within three business days following the date of actual notice as provided pursuant to this Section, shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any redemption fees that would otherwise be applicable pursuant to Section 12.30.080(C); and, (4) Any cart not reclaimed by the cart owner within three business days following the date of actual notice as provided pursuant to this Section, shall be subject to any applicable fee imposed pursuant to Section 12.30.080(C) commencing on the fourth business day following the date of notice but accruing from the date of retrieval and storage, and any applicable fine imposed pursuant to Section 12.30.080(D). Any cart reclaimed by the owner within three business days following the date of actual notice as provided pursuant to this Section, shall not be deemed an “occurrence” under Section 12.30.080(D). (B) Any shopping cart involved in a violation of Section 12.30.050(A) is subject to immediate impoundment, and such impoundment shall follow the procedures provided in Section 12.30.090(A).
(C) Sale; Final Disposition. Any cart not reclaimed by the cart owner within thirty days of receipt following the date of actual notice as provided pursuant to this Section, may be sold or disposed of in accordance with Section 12.30.110.
12.30.100 Enforcement Notice of violation on unidentified shopping carts.
Any person violating any of the provisions of this chapter shall be punishable as set forth in PMC Title 1. Where the conduct constituting the violation is of a continuing nature, each day that the conduct continues shall be deemed a separate and distinct violation. (Ord. 1336 § 1, 2008)
Within ten days of the removal of an abandoned cart pursuant to this Chapter, enforcement personnel shall provide notice to any known owner of the cart by first-class mail at the address indicated on the cart or the cart owner’s last known address.
The notice shall include the following information:
(i) date and location of removal of the cart from public or private property; (ii) procedure for recovering such cart; and
Exhibit I
Ordinance No. 1615
(iii) last possible date such cart may be recovered. If the cart owner is unknown and not clearly identified on the cart, the cart shall be designated “unidentified.” Enforcement personnel, for each unidentified cart, shall maintain a record containing the information above and a brief description of the cart.
12.30.110 Final disposition of unclaimed shopping carts.
Thirty days after notice is given to the owner, or after any shopping cart is designated “unidentified” pursuant to Section 12.30.100, any abandoned cart not claimed may be sold at public auction or otherwise disposed of. Any proceeds derived from such auction or disposal shall be used to pay the costs of removal, storage, and related administrative procedures. Surplus proceeds derived from such auction or disposal shall be deposited in the general fund of the City.
12.30.120 Enforcement.
For purpose of enforcing this Chapter, enforcement personnel may enter public or private property as allowed by law, or with the consent of the property owner, or by warrant, to examine a cart or to cause the removal of such cart if authorized pursuant to this chapter.
Any person violating any of the provisions of this Chapter shall be punishable as set forth in PMC Title 1. Where the conduct constituting the violation is of a continuing nature, each day that the conduct continues shall be deemed a separate and distinct violation.
All retail establishment governed by this Chapter shall also comply with all other regulations and provisions in the City, including zoning and business licensing requirements.
Chapter 12.36 Parking Restricted to Facilitate Street Sweeping
12.36.010 Purpose and intent.
12.36.020 Definitions.
12.36.030 Authority.
12.36.040 Application.
12.36.050 Violation – Penalty.
12.36.010 Purpose and intent.
The purpose and intent of this Chapter is to restrict parking on City streets for limited periods on designated days to facilitate street sweeping to reduce risks of blocked gutters, flooding, and hazardous conditions associated with flooded public streets.
Uncollected debris or green waste left in City street gutters has the ability to enter into storm drains and clog or completely block gutters, which can result in flooding. Flooding Exhibit I
Ordinance No. 1615
has the capability to block streets and sidewalks, which can create hazardous conditions for pedestrians, cyclists, and motorists.
Further, the uncollected debris or green waste that enters the City’s storm drains can affect the health of the environment and animal inhabitants that are located within the creeks, estuaries, and any surrounding bodies of water.
This Chapter is adopted pursuant to the authority granted by California Vehicle Code Sections 22507 and 22507.6, including any successor statutes, for the purpose of restricting parking to facilitate City street sweeping and related procedures.
The purpose of this Chapter is to restrict parking on City streets or portions thereof for the purpose of allowing unobstructed street sweeping.
12.36.020 Definitions.
As used in this Chapter, the terms listed below shall have the following meaning assigned to them:
(A) “Entrance” means the intersection of any street or streets comprising an area of restricted parking for street-sweeping purposes on the same day or days and hours with another street or highway not subject to such a parking restriction, or subject to parking restrictions on different days and hours.
(B) “Person” means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
(C) “Vehicle” means a vehicle as defined in Section 670 of the California Vehicle Code as the Section now reads or may hereafter be amended.
(D) The definitions set forth in PMC Chapter 1.20 are also applicable to this Chapter.
12.36.030 Authority.
(A) Authority to regulate. The Director is authorized to do the following:
(1) Determine the dates and times it is necessary to restrict parking on City streets (2) Determine the location for placement and install signs restricting parking on any street or portion thereof on which it is necessary to restrict parking.
Exhibit I
Ordinance No. 1615
(a) All restrictive parking signs shall be installed in a conspicuous place at each street and shall be no less than 17 inches by 22 inches in size, with lettering not less than one inch in height, setting forth the day or days and hours parking is prohibited. (3) Use discretional authority to determine and provide exemptions to persons for enforcement of this Chapter including but not limited to exemptions from these provisions for City projects previously approved by the City or if the provisions of this Chapter interfere with an existing special event permit or encroachment permit issued by the City.
The Director at his/her sole discretion shall determine whether an exemption applies and if an exemption should be issued.
(B) Authority to enforce. All Enforcement Officers, any person or entity designated to do so by the Department, and by an entity or individual authorized pursuant to a written contract with the City to enforce parking regulations are authorized to enforce all provisions of this Chapter.
12.36.040 Application.
(A) Parking restricted where restrictive parking signs are posted. (1) It is unlawful for any person to stop, stand, physically interfere, or park a vehicle on portions of City streets during the limited periods of time on designated days where authorized signs indicating restrictive parking has been posted on City streets or portions thereof in accordance with this Chapter.
(B) Exceptions. Section 12.36.040(A)(1) shall apply at all times and places within the City, except as follows:
(1) When operating in accordance with an exemption issued by the Director pursuant to Section 12.36.030(A)(3);
(2) When it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control device; (3) To any authorized emergency vehicles or a public utility vehicle utilized for responding to emergency incidents;
(4) When a more restrictive parking regulation has been established and adopted by the City Council;
Exhibit I
Ordinance No. 1615
(5) To any school bus designed and used or maintained for the transportation of any school pupil at or below the twelfth-grade level to or from a public or private school or to or from public or private school activities; and,
(6) When a commercial vehicle is making pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.
(7) When street sweeping services are postponed by one day due to a holiday observed by street sweeping provider.
12.36.050 Violation – Penalty.
Pursuant to California Vehicle Code Section 40000.1, violations of any provision of this Chapter shall be punishable as an infraction pursuant to enforcement procedures set forth in PMC Title 1. Each day that a violation of this Chapter occurs shall constitute a new and separate offense.
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
APPROVING ADOPTION OF UPDATED ADMINISTRATIVE FINE
AMOUNTS FOR BUILDING AND SAFETY VIOLATIONS AND ADOPTION
OF FINES AND PLAN PROCESSING AND REDEMPTION FEES
ASSOCIATED WITH SHOPPING CART ENFORCEMENT AND
ELIMINATION OF CERTAIN BUSINESS PERMIT FEES
WHEREAS, the City Council has determined that City Staff enforces building and safety regulations and violations and provides shopping cart enforcement; and WHEREAS, the City Council desires to ensure that administrative remedies for violations of building and safety regulations are in compliance with fine limits set by State Law, including Government Code Section 36900; and
WHEREAS, the City Council may adopt the concurrently proposed Ordinance No. 1615 amending Chapter 12.30 (Shopping Carts) in Title 12 of the Palmdale Municipal Code, which will clarify and expand shopping cart abatement procedures and establish a redemption fee for the actual costs of removal, storage, and related administrative procedures for shopping cart abatement as well as establish a fine for repeated failure to retrieve shopping carts removed and stored by City staff; and WHEREAS, the City Council desires to ensure it can properly and effectively serve the public in processing and issuing approval of effective shopping cart abatement plans and related enforcement procedures should Ordinance No. 1615 be adopted and wishes to set reasonable fees and fines for such efforts in compliance with State Law, including Business and Professions Code Section 22435 et seq.; and WHEREAS, the City’s Master Fee Schedule will also be amended, should Ordinance No. 1615 be adopted, to ensure certain business permits that are eliminated by the proposed ordinance are no longer included in the fee schedule; and WHEREAS, the City Council conducted a duly noticed public hearing on November 15, 2023 at which time the public was invited to make oral and written presentations as part of the City Council’s meeting prior to the adoption of this Resolution and concurrently proposed Ordinance No. 1615; and WHEREAS, at least ten (10) days prior to the public hearing referenced above, the City made available for public inspection information required under Government Code Section 66000, et seq., and
Resolution No. CC 2023-078
WHEREAS, the City published notice of the public hearing as described above in accordance with Government Code Sections 6062(a), 66014, 66016, 66017 and 66018 for the various fees.
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. Adopt Resolution No. CC 2023-078 to authorize the proposed update to administrative fines for violations of building and safety regulations, establishment of a redemption fee for the actual costs of removal, storage, and related administrative procedures for shopping cart abatement, and establishment of a fine for repeated failure to retrieve shopping carts removed and stored by City staff.
SECTION 2. The City Council hereby finds and determines that the existing, new or increased fees, rates, fines, and charges established in this Resolution are in an amount reasonably necessary to recover the costs of providing the service, review, document, facility, or commodity for which such fee, rate, or charge is levied or authorized to be levied.
SECTION 3. Government Code Section 36900 establishes updated fine amounts for violations of local building and safety codes in the amounts as provided in the City’s Master Fee Schedule as follows:
BUILDING & SAFETY
Description FY 2024
Fee
Comments
F. Administrative Penalties
Municipal Code Standard Fine for Building and Safety Violations Except as otherwise specifically set forth, the Administrative Citation Fine amount imposed for any violation of local building and safety codes determined to be an infraction is punishable by the following:
First $130.00 Plus $25 late fee if applicable
Second $700.00 Plus $50 late fee if applicable
Third or More $1,300.00 Plus $125 late fee if applicable Third or More for Commercial Properties
Involving Additional Violations of Same
Ordinance Within Two Years for Failure to
Remove Visible Refuse or Prohibit
Unauthorized Uses
$2,500.00 Plus $125 late fee if applicable
Resolution No. CC 2023-078
SECTION 4. Adoption of Resolution No. 2023-078 establishes that planning shall charge a fee with the submission of new and renewed shopping cart containment and abatement plans as provided in the City’s Master Fee Schedule as follows:
PLANNING
Description FY 2024
Fee
Comments
Shopping Cart Plan
New $160.00
Annual Renewal $80.00
SECTION 5. Adoption of Resolution No. 2023-078 establishes a redemption fee for actual costs of removal, storage, and related administrative procedures for shopping cart abatement, impoundment, and retrieval procedures as provided in the City’s Master Fee Schedule as follows:
PLANNING
Description FY 2024
Fee
Comments
Shopping Carts
Redemption Fee $ – Actual costs of removal, storage,
and related administrative
procedures required
SECTION 6. Adoption of Resolution No. 2023-078 establishes a fine for occurrences in excess of three during a specified six-month period for failure to retrieve shopping carts collected and impounded by the City as provided in the City’s Master Fee Schedule as follows:
PLANNING
Description FY 2024
Fee
Comments
Shopping Carts
Failure to Retrieve Fine $50.00 Flat fine
SECTION 7. Adoption of Resolution No. 2023-078 eliminates the following business permit fees from the City’s Master Fee Schedule:
BUSINESS PERMITS
Description FY 2024
Fee
Comments
Ambulances and Ambulance Drivers
a. Application for Ambulance Operator
Permit
$134.50
b. Annual renewal of Ambulance - Operator
Permit
$134.50
Resolution No. CC 2023-078
BUSINESS PERMITS
Description FY 2024
Fee
Comments
c. Ambulance Driver/Attend ant Permit $27.00
d. Annual renewal for Ambulance
Driver/Attendant Permit
$27.00
Billiards
a. Application for Permit for Billiard Club of
Public Billiard Room
$188.25
b. Annual renewal of permit $161.25
Bingo
a. Application for permit $50.00
b. Annual renewal of permit $50.00
Carnivals and Concessions
a. Application for permit
i. For the first day $390.25
ii For each additional day $101.00
Dance Halls and Dances
a. Application for Permit to Operate a Public
or Private Dance Hall
$215.00
b. Annual renewal of Permit to Operate a
Public or Private Dance Hall
$188.25
c. Application for Permit by other than a
Permit of a Public or Private Dance Hall to
Conduct a Public, Private, Special, or Youth
Dance
107.50 Per day
Health Clubs
a. Application for permit 390.25
b. Annual renewal of permit 363.50
House and Street Numbering
a. Application for permit 53.75 +BG *
b. Annual renewal of permit 53.75 +BG *
Hypnotist
a. Application for permit 295.75 +BG *
b. Annual renewal of permit 188.25 +BG *
Locksmith
a. Application for permit 188.25
b. Annual renewal of permit 161.25
Resolution No. CC 2023-078
BUSINESS PERMITS
Description FY 2024
Fee
Comments
Motion Picture Theater
a. Application for permit 390.25
b. Annual renewal of permit 390.25
Private Patrol Service
a. Application for permit 188.25
b. Annual renewal of permit 161.25
Family Entertainment Permit (per PMC)
a. Application for permit 188.25
b. Annual renewal of permit 161.25
Taxicabs and Taxicab Drivers
a. Application for permit 510.75
b. Application for permit modification 60.25
c. Annual renewal of permit 430.25
d. Application for Taxicab Driver's Permit 53.75 +BG
e. Annual renewal of Taxicab Driver's
Permit
53.75 +BG
f. Application for change in location or for
additional taxicab stands
53.75 +BG
g. Annual fee for each authorized taxicab
stand
53.75 Tow Trucks
a. Application for permit 53.75 +BG investigation fee per driver b. Annual renewal of permit 53.75 +BG investigation fee per driver Miscellaneous Business Permit Fees
b. Manager's Permit - Application for permit 37.75 +BG c. Manager's Permit - Annual renewal of
permit
37.75 +BG
SECTION 8. The administrative fine amounts for violations of building and safety regulations as set forth in the PMC shall become effective on the first date that the amounts can legally be enforced. If Ordinance No. 1615 is adopted, the new rates, fees, and fines set forth in this Resolution shall become effective on the first date that the amounts can legally be enforced. If Ordinance No. 1615 is not adopted, only the amounts related to administrative fines for building and safety violations shall become effective, but all other amounts set forth in this Resolution shall not become effective.
Resolution No. CC 2023-078
SECTION 9. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 15th day of November, 2023. ________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
_________________________________
William P. Curley, III, City Attorney Rochelle Scott, Acting City Clerk I, Rochelle Scott, Acting City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 15th day of November, 2023 by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: NOVEMBER 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
DISTRICT: 5
SUBJECT: ADOPT ORDINANCE NO. 1617, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALMDALE APPROVING PLANNED
DEVELOPMENT 23 -001; A REQUEST TO MODIFY THE
STANDARDS OF DEVELOPMENT OF THE PALMDALE MUNICIPAL
CODE FOR A PROPOSED PROJECT LOCATED WITHIN THE MIXED
USE 1 ZONE
ISSUE
Adopt Ordinance No. 1617; an Ordinance of the City Council of the City of Palmdale approving Planned Development (PD) 23-001, a request to modify the development standards specified within the Palmdale Municipal Code (PMC) for a proposed project within the Mixed Use 1 (MU 1) zone.
RECOMMENDATION
The Planning Commission recommends that the City Council:
1. Receive public testimony regarding proposed Ordinance No. 1617;
2. Adopt Ordinance No. 1617; and,
3. Find that the project is consistent with the previously approved environmental documents.
BACKGROUND
On November 9, 2023, the Planning Commission adopted Resolution No. PC -2023-022 recommending City Council approval of PD 23-001 and approved Site Plan Review (SPR) 23-003 for the development of foster youth housing and services located west of 30 th Street East and approximately 1,000 feet south of Palmdale Boulevard, Figure 1, subject to City Council approval of PD 23-001. The applicant proposes to construct seven residential buildings, one mixed-use building including residential, community, and office uses, and associated outdoor recreation spaces in two phases. The seven townhouse buildings will each include two four -bedroom units with a connected studio unit. The mixed-use building will b e located along 30 th Street East and will include six affordable Report to Mayor and City Council
Re: Ordinance No. 1617
November 15, 2023
studio units, 2,800 square feet of office space, and 4,200 square feet of community space, which are allowed uses within the MU 1 zone. The project is intended to provide housing for foster care youth, onsite resource caregivers, and family members.
FIGURE 1 – AERIAL MAP
DISCUSSION
The subject application, PD 23 -001, is a request for approval of a document that allows flexibility of development standards, which will allow the development to be designed to suit the unique needs of the project. The proposed PD includes modified site-specific development standards to accommodate th e unique needs of this development. The proposed PD is a request to modify the standards of development as provided in the table below.
Report to Mayor and City Council
Re: Ordinance No. 1617
November 15, 2023
PD 23-001 PROPOSED DEVELOPMENT STANDARDS DEVIATIONS
PMC Standard Proposed
Standard
Deviations / Justification*
Setbacks Front:
- Residential
Ground Floor:
15 to 25 feet
- Non-
Residential
Ground Floor:
five to 15 feet
(PMC Table
17.55.010-1)
Front:
- Residential
Ground Floor:
15 to 45 feet
- Non-
Residential
Ground Floor:
five to 25 feet
Front:
- Increase residential ground
floor maximum setback to
45 feet.
- Increase non-residential
ground floor maximum
setback to 25 feet.
The increased front setback
will allow for an angled
landscape plaza along
30th Street East.
Height Minimum ground
floor height –
Non-residential:
15 feet (Floor to
floor)
(PMC Table
17.55.010-1)
Minimum
ground floor
height – Non-
residential: 12
feet
Reduce the minimum ground
floor height of non-residential
development by three feet.
The proposed design provides
a varied height along 30th
Street East, from 13 to 31 feet
in height, with a portion of the
offices designed to have a
height of 13 feet.
Multi-Family
and Mixed-
Use Design
Standards
A minimum of 30
feet of open-to-
the-sky
separation
between
structures to
allow for
landscape,
courtyards,
passageways,
and paseos. (DS
6.2.1)
Minimum eight
feet of open-to-
the-sky
separation
between
structures
Decrease the required space
between buildings by 12 feet.
Landscaping and walkways
between buildings will be
provided. The project will still
be required to comply with all
requirements of the Building
and Fire Codes.
Report to Mayor and City Council
Re: Ordinance No. 1617
November 15, 2023
PD 23-001 PROPOSED DEVELOPMENT STANDARDS DEVIATIONS (CONTINUED) PMC Standard Proposed
Standard
Deviations / Justification*
Off-Street
Parking
Community
Assembly, less
than 5,000
square feet:
One space for
every 40 square
feet
(PMC Table
17.87.060-1)
One space
for every 200
feet
Reduce the number of parking
spaces required for the community
assembly use. Twenty spaces for
community assembly use will be
provided. The community center will
be used to host semimonthly events
for foster children and parents, such
as afterschool programming for the
children living on the site and
evening activities for resource
parents and are anticipated to
generate between 20 and 35
additional visitors. The existing PMC
Standard requires 96 spaces (3,326
/ 40) and the proposed standard will
require 19 spaces (3,326 / 200).
*Justification is based on a review of the plans date stamped ‘Received September 26, 2023’, by the case planner.
FISCAL IMPACT
$0; There is no fiscal impact associated with this action.
STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.
B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.
Prepared by: Sarah Stachnik, Assistant Planner
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P Curley, III, City Attorney
ATTACHMENT
1. Ordinance No. 1617
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1617
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING PLANNED DEVELOPMENT 23-001; A REQUEST TO
MODIFY THE STANDARDS OF DEVELOPMENT FOR A PROPOSED
PROJECT LOCATED IN THE MIXED USE 1 (MU 1) ZONE (APN: 3018- 026-001)
A. RECITALS
WHEREAS, Pursuant to Government Code Section 65453 (Division 1 of Title 7 of the California Government Code), the City Council adopted Ordinance No. 1603 on March 15, 2023, for a comprehensive update to the Palmdale Municipal Code (PMC), which provides development standards for projects within the City.
WHEREAS, SOS Children’s Villages has filed an application requesting the approval of Planned Development (PD) 23-001 for minor deviations from the PMC to support the development of youth foster care housing on a property located west of 30th Street East, approximately 1,000 feet south of Palmdale Boulevard (APN: 3018-026-001) described herein (hereinafter referred to as “Application”); WHEREAS, the Application applies to the proposed PD 23-001, which includes deviations from the PMC specific to the approval of the development proposed on the site shown on the map attached hereto as Exhibit I;
WHEREAS, on November 9, 2023, the Planning Commission of the City of Palmdale adopted Resolution No. PC-2023-022 approving Site Plan Review (SPR) 23-003 and recommended approval of the Application by the City Council; and, WHEREAS, on November 15, 2023, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date. Evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing, including but not limited to, the staff report dated November 15, 2023.
B. ORDINANCE
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that the above recitals are true and correct and incorporated herein.
SECTION 2 . The City Council hereby finds as follows with respect to the environmental documentation:
Ordinance No. 1617
(a) PD 23-001 and SPR 23-003 have been reviewed for project-specific impacts and has been found to be Categorically Exempt from CEQA review pursuant to Section 15332, Class 32, of the CEQA Guidelines, which exempts in-fill development projects that have no significant impacts to the environment.
(b) The custodian of records for the environmental documents, and all other materials which constitute the record of proceedings upon which the City Council’s decision is based, is the Planning Manager of the City of Palmdale. These documents are available for public review in the Planning Division of the City of Palmdale located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267-5200.
SECTION 3 . Based upon substantial evidence presented to the City Council during the November 15, 2023, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
(a) The distribution, location, and extent of land uses are consistent with the goals, policies, and objectives of the General Plan.
The project is consistent with the goals, policies, and objectives of the General Plan, specifically, Equitable and Healthy Community Element Policy 6.5: Resource families, promote the development of housing types that support resource families and meet the needs of foster youth and transition-age youth. The Application requires some minor deviations from the PMC to support the proposed design of the foster youth housing and resource building. For example, the modifications to the existing standards include reduced parking, reduced non-residential ground floor height, increased front setback area, and reduced distance separation between structures. These deviations will not significantly alter any objectives of the General Plan and are consistent with the intention of the MU 1 (Mixed Use 1) General Plan Land Use designation.
(b) The site is suitable for the type and intensity of development.
The project site is adequate to support the proposed development and the project is consistent with the type and intensity of development intended for the MU 1 General Plan Land Use designation and zone.
Furthermore, the community center space is intended to serve smaller gatherings and onsite residents and will not generate the traffic or parking Ordinance No. 1617
requirement assumed in the PMC. As such, the proposed deviation from the PMC parking requirement will allow the provided parking to be consistent with the demand anticipated for this project. (c) Adequate access is provided pursuant to the Circulation Plan prepared for the project and the General Plan Mobility Element.
Access to the site will be provided through a driveway along 30th Street East. Access to the residential townhouse area of the site will be gate restricted. In addition, an Americans with Disabilities Act path of travel will connect the sidewalk along 30 th Street East to the community center and offices. Pedestrian access from the mixed-use parking area to the residential area will also be provided. Furthermore, the City Engineer and Los Angeles County Fire Department reviewed the project and determined that it is designed with adequate access to accommodate safe vehicular flow.
(d) The project site is or will be provided with adequate public services and facilities to support the proposed development.
The project site is within the City limits and requires connections to all utilities. The project will connect to the existing sewer along 30th Street East, which has sufficient capacity to handle the development. The developer will be required to coordinate with utility companies to ensure that required public improvements do not conflict with existing or proposed utilities. All existing utilities interfering with new construction are required to be relocated and impact fees will be required in compliance with PMC Chapters 3.40 (Traffic Impact Fee Requirements),
3.42 (Fire Facilities Impact Fee Requirements), and 3.45 (Public Facility Development Impact Fee Requirements). Furthermore, the project is within the Palmdale Water District (PWD) boundary and is required to comply with PWD’s requirements. Police and fire services will be provided by Los Angeles County Sheriff’s Department and Los Angeles County Fire Department.
(e) The flexibility in site development regulations contained in the Planned Development has resulted in a project demonstrating clear and substantial benefit to the City.
The project is intended to provide a village-like development to provide housing and support for foster children in the area; therefore, some Ordinance No. 1617