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 is 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 Section 17.26.100 (Temporary use and special events permits), 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. (d) No vending shall be permitted within 1,000 feet of the front entrance of any food establishment.
Ordinance No. 1612
(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. (c) Each pedestrian solicitor shall operate within 100 feet of a trash receptacle.
Ordinance No. 1612
(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 Ordinance No. 1612
owned, operated, or otherwise provided by and under the control of the vendor or operator.
(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.
Ordinance No. 1612
SECTION 38: Section 5.04.480 is hereby added to Title 5 of the Palmdale Municipal Code and is to read in its entirety as follows:
5.04.480 Tobacco/smoking product retailer.
(A) Definitions. For the purpose of this Section, the following terms shall have the following meanings:
(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 Ordinance No. 1612
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, cigars, pipes, hookahs, e- cigarettes, or other similar objects.
(8) “Tobacco product” means any of the following: (1) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. (2) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. (3) Any component, part, or accessory of a tobacco product, whether or not sold separately. Tobacco product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
(9) “Tobacco/smoking paraphernalia” means cigarette papers, wrappers, or 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 means 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 Ordinance No. 1612
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 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 Section 5.04.140 (Business permits – Contents), 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.
Ordinance No. 1612
(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. (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 Section 5.04.200 (Grounds for denial of business permit) exists.
(b) The application seeks authorization for tobacco/smoking product retailing that is prohibited pursuant to this Section (e.g., mobile vending), Ordinance No. 1612
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.
(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 pursuant to PMC Section 5.04.100 (Presentment of permit).
(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 Section 5.04.230 (Business permit – Operative) and shall be renewed consistent with the provisions of PMC Section 5.04.250 (Business permit renewal) 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 Section 5.04.250 (Business permit renewal) 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 Section 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. An appeal shall stay all proceedings in furtherance of the appealed action.
Ordinance No. 1612
(8) A valid City business license is required before a tobacco/smoking product retailer’s permit may be issued.
(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 Ordinance No. 1612
substances or drug paraphernalia, such as, for example, California Health and Safety Code Section 11364.7.
(4) 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. (a) 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 pursuant to PMC Section
5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of Ordinance No. 1612
hearing) through 5.04.300 (Hearing to contest modification, suspension, or revocation – Procedure for hearing).
(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 Section 5.04.200 (Grounds for denial of business permit) 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 Ordinance No. 1612
paraphernalia and tobacco-related advertising. Failure to do so may be considered a subsequent violation.
(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 be issued 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 be issued 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 be issued 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 Section 5.04.280 (Hearing to contest modification, suspension, or revocation – Initiation of hearing), et seq. 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 Ordinance No. 1612
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. (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.
SECTION 39: 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 40: This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 41: 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 42: 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. 1612
PASSED, APPROVED and ADOPTED this __________ day of January, 2024. _________________________________
Austin Bishop, Mayor
Approved as to form: 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 24th day of January, 2024 effective on the 23rd day of February, 2024 by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
E C O N O M I C A N D C O M M U N I T Y D E V E L O P M E N T
D E P A R T M E N T
Ordinance No. 1612
City of Palmdale
City Council
January 24, 2024
Amendments to the Palmdale Municipal Code (PMC)
include the following:
Titles 3 Revenue and Finance and 5 Business
licenses, taxes, and regulations.
• Update references to ensure consistency related to
the comprehensive update of Title 17
• Streamline procedures for business licenses and
permits
• Update definitions related to adult-oriented business and tobacco retail establishments
Recommendation
Adopt Ordinance No. 1612 approving various
amendments to the Palmdale Municipal Code.
City Council Staff Report
DATE: JANUARY 24, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC SAFETY DEPARTMENT
DISTRICT: ALL
SUBJECT: INTRODUCTION AND ADOPTION OF ORDINANCE NO. 16 34, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE
APPROVING VARIOUS AMENDMENTS TO TITLES 1, 8, AND 9 OF
THE PALMDALE MUNICIPAL CODE (PMC) TO ENHANCE PUBLIC
SAFETY
RECOMMENDATION
Staff recommends that the City Council:
1. Receive public testimony regarding Ordinance No. 1634; and
2. Adopt Ordinance No. 1634, an Ordinance approvingvarious amendments to Titles 1, 8, and 9 of the PMC to enhance public safety.
BACKGROUND
On September 21, 2022, the City Council adopted a new General Plan, Palmdale 2045, which replaced the previously adopted Plan in 1993. 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. Accordingly, on March 15, 2023, the City Council adopted a new Zoning Ordinance and a Zoning Map, ZOA 21-007, which amended Title 17 of the PMC to implement the vision of Palmdale 2045 , as well as support new land use patterns and future development. Furthermore, on August 16, 2023, the City Council adopted Ordinance No. 1614, which included various amendments to the PMC to correct inconsistencies, typographical errors , and update section references.
Ordinance No. 1634 will update select provisions within Titles 1, 8, and 9 of the PMC to account for the noted legal change s. Additionally, the Ordinance will expand the authority to enforce and issue citations to include peace officers in line with legal authority. It will also clarify the responsible parties for violations of h ealth, safety, and technical construction codes adopted by the City, including firework regulations for consistent enforcement methods and abatement tools. It will also clarify the definition of public nuisances as it relates to inoperable vehicle s. Ordinance No. 1634 will enhance public understanding and include regulations for seasonal lights, decorations , or displays to promote community engagement and mitigate negative impacts on Report to Mayor and City Council
Re: Ordinance No. 1634
January 24, 2024
neighborhoods. It will define and expand on prohibitions relating to public peace, health, sanitation, and welfare and related penalties and enforcement mechanisms to promote and streamline processes.
DISCUSSION
The proposed amendments to the PMC impact Title 1 General Provisions, Title 8 Health and Safety, and Title 9 Public Peace, Morals, and Welfare as follows:
Title 1 General Provisions
The proposed amendments to Title 1 include authorizing peace officers to make arrests for violations of the PMC per state law.
Title 8 Health and Safety
The proposed amendments to Title 8 include expanding the definition of inoperable vehicles to include unregistered vehicles; adding regulations for seasonal lights, decorations, or displays; and updating the City’s rental unit inspection program to enhance timely compliance, including requiring rental property owners to affirmatively contact the Building and Safety Division concerning property ownership changes and scheduling of required inspections. The amendments also add a new definition and clarify other existing definitions within the City’s rental unit inspection program and provide a chart outlining the Registration and Inspection Frequency Schedule for ease of the public’s understanding and City enforcement.
Title 9 Public Peace, Morals, and Welfare
The proposed amendments to Title 9 include adding prohibitions on urination and defecation in public places, harassment of City staff, and aggressive panhandling in line with applicable state and federal law. The proposed amendments also streamline penalty and enforcement provisions in various public safety chapters to ensure consistency and clarity for the public.
This will provide greater efficiency and authority for City code enforcement efforts and enhanced transparency, clarity, and ease of reference for the prohibitions and related enforcement mechanisms, which are all designed to improve public peace, health, sanitation, and welfare.
FISCAL IMPACT
None.
Report to Mayor and City Council
Re: Ordinance No. 1634
January 24, 2024
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: Mario Vallarta, Community Compliance
Manager
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENT
Ord. No. 1634
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1634
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING VARIOUS AMENDMENTS TO TITLES 1, 8, AND 9 OF THE
PALMDALE MUNICIPAL CODE TO ENHANCE PUBLIC SAFETY
WHEREAS, Section VII of Article XI of the California Constitution provides t hat a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council finds it necessary to update, consolidate, and streamline the Palmdale Municipal Code (“PMC”) periodically to achieve more efficient enforcement of code violations to promote public health, safety, and welfare; and WHEREAS, the City Council finds it necessary to expand authority to enforce and issue citations to include peace officers; and
WHEREAS, the City Council finds it necessary to update select provisions relating to the City’s rental unit inspection program to ensure timely inspections of rental properties for the welfare of occupants and the community; and WHEREAS, the City Council finds it necessary to clarify the responsible parties for violations of health, safety, and technical construction codes adopted by the City , including firework regulations, to provide for consistent enforcement methods and abatement tools in the City; and
WHEREAS, the City Council finds it necessary to clarify the definition of public nuisances as it relates to inoperable vehicles to enhance public understanding and include regulations for seasonal lights, decorations, or displays to promote community engagement and mitigate negative impacts on neighborhoods; and WHEREAS, the City Council finds it necessary to define and expand on prohibitions relating to public peace, health, sanitation, and welfare and related penalties, such as aggressive panhandling , by imposing reasonable restrictions on aggressive, intrusive, or unsafe panhandling while respecting the constitutional rights of free speech for all citizens , public urination and defecation , fighting on public property, causing nuisances while under theinfluence, public consumption of alcohol orpossession of open containers in areas not otherwise approved for such purposes, and engaging in annoying and harassing contact with City staff; and
WHEREAS, said amendments, adoptions, and/or deletions of the PMC are permitted by law, including the California Constitution, Government Code, and Civil Code.
Ordinance No. 1634
NOW, THEREFORE, 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 1.16.010, subsection (A) of Title 1 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) The Senior Code Enforcement Officer, Code Enforcement Officer, Community Service Officer, Building Official, Supervising Building Inspector, Senior Building Inspector, Building Inspector, City Engineer, Supervising Public Works Inspector, Peace Officer, Parking Enforcement Supervisor, Parking Enforcement Officer, Public Security Officer, Senior Public Security Officer, and Supervising Public Security Officer classifications of employees of the City, as may hereafter be specifically designated by ordinance, shall have the power, authority, and immunity, as set forth in Section 836.5 of the California Penal Code, to make arrests without a warrant whenever such officers or employees have reasonable cause to believe that the person to be arrested has committed a violation in their presence of an ordinance or statute which such officers or employees have the duty to enforce.
SECTION 3: Section 8.40.015 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
The following definitions shall apply to this Chapter:
“Building Official” means the City Building Official, or his designee, who shall possess all statutorily mandated certifications to enforce State building and construction codes. “Certificate of compliance” means a certificate issued by the Building Official for residential rental unit properties, certifying compliance with this Chapter and the housing and property maintenance standards of the City.
“Frequency upgrade” means modifying the inspection frequency to extend the length of time between re-registration and renewal of certificate of compliance of a residential rental unit.
“Housing and property maintenance standards” means the health, safety, and technical construction codes as amended, adopted, and incorporated by reference in PMC Chapters 8.04 (Comprehensive residential rental unit inspection program) and 8.08 (General Hazards) and in the property maintenance standards set forth in PMC Chapter
8.36 (Regulation of Property Maintenance).
“Inspection frequency” means the length of time between inspections for renewal of certification of residential rental units.
Ordinance No. 1634
“Maintenance request log” means the log required to be maintained by the owner or manager of a residential rental unit, which shall record all tenant requests for repairs, the time estimated at the time of the request for repairs to be completed, and the completion date of the repairs.
“Major violation” shall mean any one or more of the following violations:
(A) Heating system not fully operational at any time between October and May of the following year.
(B) Hazardous code violations, including any one or more of the following:
(1) Exposed electrical wiring;
(2) Collapsed ceiling or walls caused by water leakage; (3) Sewage leakage into walls, floors, or onto the ground; (4) Structural damage resulting in the building being determined by the Building Official to be unsafe;
(5) Fire alarm system not fully operational;
(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 PMC Section 8.40.020’s registration requirement.
“Noncompliance with notice and order” means that the owner, his authorized agent, or other responsible party does not make required repairs as provided in the notice and order from the Building Official.
“Minor violations” means any violation other than those defined as a major violation. “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.
“Partners Against Crime (PAC) certified property” shall mean a property containing one or more residential rental units certified to meet the requirements of the City’s PAC program.
Ordinance No. 1634
“Property management posting” means a sign required to be posted and maintained at all times which shall include the address and location to obtain repair requests and a current 24-hour emergency phone number. The sign shall be posted close to the main entrance in an area accessible and visible to the general public, or as may otherwise be approved in writing by the Building Official.
“Repair request form” means a two-part form the owner of a property must provide to all tenants. The form shall indicate the address the form is to be delivered to for repair requests and an area for the manager or owner to sign the receipt of the repair request.
The owner shall provide a copy of the request to the tenant. “Residential rental unit” means a rented or leased 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.
SECTION 4: Section 8.40.030 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
All rental properties shall be inspected for compliance with the City’s housing and property maintenance standards. The owner shall schedule an inspection with the Building and Safety Department within 60 days of 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 PMC Section 8.04.200, Section 103 (Violations and Penalties), in the PMC 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.
SECTION 5: Section 8.40.035, subsection (B)(6) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(6) A valid City business license has been issued to the property owner for the residential rental units covered under the certificate of compliance.
SECTION 6: Section 8.40.03, subsection (C) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
Ordinance No. 1634
(C) Issuance of a certificate of compliance shall not constitute a guarantee or warranty of the habitability or complete compliance with the City housing and property maintenance standards, and the occupant of any residential rental unit shall not rely on the certificate of compliance as such a guarantee or warranty. The certificate of compliance shall contain a notice to this effect. The City shall not assume any liability to any person by reason of the inspections required by this Chapter or the issuance of a certificate of compliance. Certificates of compliance shall expire on the expiration date shown on the certificate and shall be renewed prior to such date. The Building Official shall determine the expiration dates of certificates of compliance and inspection frequency based on the nature of violations found during the residential rental unit inspections, the following registration and inspection frequency schedule, in conjunction with his review of past compliance violations within the preceding 12 months.
Residential Rental Units (RRU)
Registration and Inspection Frequency Schedule
Single-family or detached
Classification Frequency Notes
No Violations
(PAC Certified)
Every 5 Years
Minor Violations
(PAC Certified)
Every 5 Years PAC certified property, with no major violations found; all violation corrections completed within 30
days after notice by Building Official; maintenance
logs current.Minor Violations
(Non-PAC Certified)
Every 3 Years Not more than one major violation found; all violation corrections completed within 30 days after
notice by Building Official; maintenance logs
current.Major Violations Every Year Major violations found, or Minor Violations found but all violation corrections not
completed within 30 days after notice by
Building Official.
Multi-family (Two units and above)
Classification Frequency Notes
No Violations
(PAC Certified)
Every 5 Years
Minor Violations
(PAC Certified)
Every 5 Years PAC certified property, with no major violations found; all violation corrections completed within 30
days after notice by Building Official; maintenance
logs current.Minor Violations
(Non-PAC Certified)
Every 3 Years Not more than one major violation found; all violation corrections completed within 30 days after
notice by Building Official; maintenance logs
current.Major Violations Every Year Major violations found, or Minor Violations found but all violation corrections not
completed within 30 days after notice by
Building Official.Single-family or Multi-family RRU that are New Construction (Certificate of Occupancy issued within preceding six months) will not be charged the RRU registration fee but still must register. The initial certificate of compliance will be valid for 5 years.
Ordinance No. 1634
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.
SECTION 7: Section 8.40.040 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
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:
(A) The property is a Partners Against Crime (PAC) certified property; (B) All heating and air conditioning systems have been inspected, repaired, and serviced by a licensed mechanical contractor, who shall submit a signed letter certifying to that effect;
(C) All residential rental units shall have code compliant smoke detectors installed in all bedrooms and hallways to the bedrooms;
(D) Ground fault circuit interrupter (GFCI) receptacles have been inspected, repaired, and/or installed within six feet of all sinks and tubs/showers within all the units.
SECTION 8: Section 8.40.060 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
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 PMC Section 8.40.035 (Certificate of compliance) shall automatically transfer from the old owner to the new owner unless the Building Official is not provided timely and proper notice pursuant to PMC Section 8.40.060(A) (Change of ownership); and (C) all required property postings under PMC Section 8.40.035(B)(4) (Certificate of compliance) shall be updated.
Ordinance No. 1634
SECTION 9: Section 8.04.520, subsection (A) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(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.
SECTION 10: Section 8.24.210, subsection (A)(1) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(1) All sidewalk vendors must comply with the applicable regulations in PMC Section 5.04.460 (Sidewalk vending);
SECTION 11: Section 8.36.050, subsection (D)(1)(b) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(b) Abandoned, inoperative, unregistered, wrecked or dismantled autos, trucks, trailers, motorcycles, camper boats, recreational vehicles, or any other vehicle or any type or nature;
SECTION 12: Section 8.36.050, subsection (F)(8) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(8) Abandoned, inoperative, unregistered, wrecked or dismantled motor vehicles or any other type of vehicle of any type or nature stored for unreasonable periods on the premises and causing depreciation of nearby property values; SECTION 13: Section 8.36.050, subsection (D)(3) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(3) Property that repeatedly has been the situs of nuisance activity, including but not limited to, all nuisances as defined in Section 8.36.050, 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; Ordinance No. 1634
SECTION 14: Section 8.36.050, subsection (F)(2) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(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:
(a) One paved area leading directly from the public right-of-way to an attached garage or carport (whether one-car, two-car, or more), which paved area shall be limited in width to the width of the attached garage(s) or carport(s);
(b) Where the only garage or carport is a detached rear yard garage or carport, to the width of a single lane driveway which shall not exceed 12 feet in width, leading directly in a straight line from the public right-of-way to the rear portion of the lot; and
(c) One single-lane paved area not exceeding 12 feet in width leading directly in a straight line from the public right-of-way to a side yard parking area as permitted by subsection (A)(10)(c) of this section on the same side of the lot as the principal attached front yard garage or carport. Parking any recreational vehicle, trailer, boat, or camper on any other portion of the front yard, whether paved or unpaved, including in an area leading to an approved additional paved parking area in a rear or side yard, is prohibited; SECTION 15 : Section 8.36.050, subsection (G)(2) of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(2) Excessive individual ornamentation or architectural elements not in keeping with the overall character of a neighborhood, seasonal or holiday lights, decorations, or displays that are erected, installed, or maintained on exterior portions of real property over ninety (90) consecutive calendar days, or seasonal or holiday lights, decorations, or displays that are unmaintained, unsecured, and/or unsightly, and/or obscene.
SECTION 16: Section 9.04.040 is hereby added to Chapter 9.04 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
9.04.40 Harassing, Threatening, and Annoying Contacts to City. (A) Purpose and Intent. It is the intent of the City Council in enacting the ordinance codified in this Section to protect City staff from harassing, threatening, and annoying contacts from the public while respecting the constitutional rights of free speech for all citizens. This ordinance is intended to be consistent with existing and forthcoming law protecting employees from such harassment in the workplace, including recent California Ordinance No. 1634
Senate Bills 428 (concerning temporary restraining orders and protective orders for employee harassment) and 553 (concerning occupational safety, preventing workplace violence through restraining orders and workplace violence prevention plans) and Penal Code 653m (concerning preventing improper contacts via electronic communication). This Section is not intended to, and does not, prohibit or inhibit lawful First Amendment speech. The City Council finds that this limited restriction of harassing, threatening, and annoying contacts to the City will provide a balance between the rights of citizens’ free speech and will help avoid or diminish hostile situations in the City. (B) Prohibitions.
(1) No person shall contact the City’s employees, representatives, and agents in person to harass, threaten, or annoy them, including making repeated in person contacts with use of obscene language, threats of violence, threatening behavior, or with the intent to annoy.
(2) No person shall contact the City’s employees, representatives, and agents via telephone or other electronic communication to harass, threaten, or annoy them, including making repeated telephone calls with the use of obscene language, threats of violence, or with the intent to annoy.
SECTION 17: Section 9.04.050 is hereby added to Chapter 9.04 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
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.
SECTION 18: Section 9.04.060 is hereby added to Chapter 9.04 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
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 (Regulation of Property Maintenance).
SECTION 19: Section 9.04.070 is hereby added to Chapter 9.04 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
Ordinance No. 1634
9.04.070 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in PMC Title 1, Chapter 1.12 (Penalty Provisions). Violations of any provision of this Chapter shall be punishable as set forth in PMC Title 1, Chapter 1.12 (Penalty Provisions). Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC Section 1.12.030 (Continuing violations).
SECTION 20: Chapter 9.11 is hereby added to Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
Chapter 9.11
PUBLIC URINATION AND DEFECATION
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 (Regulation of Property Maintenance). 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.
Ordinance No. 1634
9.11.040 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in PMC Title 1, Chapter 1.12 (Penalty Provisions). Violations of any provision of this Chapter shall be punishable as set forth in PMC Title 1, Chapter 1.12 (Penalty Provisions). Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC Section 1.12.030 (Continuing violations).
SECTION 21: Section 9.12.020 of Title 9 of the Palmdale Municipal Code is hereby amended to read as follows:
9.12.020 Public Consumption of Liquor.
(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.
(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.
Ordinance No. 1634
SECTION 22: Article VIII Public Nuisance inclusive of Section 9.12.190 is hereby added to Chapter 9.12 of Title 9 of the PMC, and is to read in its entirety as follows:
Article VIII. Public Nuisance
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 be any public nuisance defined in the PMC, including but not limited to, the public nuisances specified in Section 1.12.040 (Public nuisances), Title 8 (Health and Safety), and Title 9 (Public Peace, Morals and Welfare). (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 PMC Title 1, Chapter 1.12 (Penalty Provisions). Each day that a violation of this Article occurs shall constitute a new and separate offense as provided in PMC Section 1.12.030 (Continuing violations).
(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 (Regulation of Property Maintenance). 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.
SECTION 23: Section 9.12.080 of Title 9 of the PMC is hereby amended to read as follows:
9.12.080 Penalties.
Violations of any provision of this Article shall be punishable as set forth in PMC Title 1, Chapter 1.12 (Penalty Provisions). Each day that a violation of this Article occurs shall constitute a new and separate offense as provided in PMC Section 1.12.030 (Continuing violations).
SECTION 24: Section 9.16.050 is hereby added to Chapter 9.16 of Title 9 of the PMC, and is to read in its entirety as follows:
9.16.050 Fighting in Public Prohibited.
It is unlawful for any person to engage in any physical fight, disorderly conduct, or Ordinance No. 1634
altercation with any other person on any public property or upon the premises of another within the City, while in public view.
SECTION 25: Section 9.16.060 is hereby added to Chapter 9.16 of Title 9 of the PMC, and is to read in its entirety as follows:
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.
SECTION 26: Section 9.16.070 is hereby added to Chapter 9.16 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
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.
SECTION 27: Section 9.16.080 is hereby added to Chapter 9.16 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
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 (Regulation of Property Maintenance).
SECTION 28: Section 9.16.090 is hereby added to Chapter 9.16 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
9.16.090 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in PMC Title 1, Chapter 1.12 (Penalty Provisions). Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC Section 1.12.030 (Continuing violations).
SECTION 29: Section 9.24.040 is hereby added to Chapter 9.24 of Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
Ordinance No. 1634
9.24.040 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in PMC Title 1, Chapter 1.12 (Penalty Provisions). Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC Section 1.12.030 (Continuing violations).
SECTION 30: Chapter 9.51 is hereby added to Title 9 of the Palmdale Municipal Code, and is to read in its entirety as follows:
Chapter 9.51
AGGRESSIVE PANHANDLING
Sections:
9.51.010 Purpose and Intent.
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 Ordinance No. 1634
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 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 Ordinance No. 1634
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.
(D) The definitions set forth in PMC Chapter 1.20 (Administrative Citations) 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 shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter
8.36 (Regulation of Property Maintenance). 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.
Ordinance No. 1634
9.51.060 Penalties.
Violations of any provision of this Chapter shall be punishable as set forth in PMC Title 1, Chapter 1.12 (Penalty Provisions). Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC Section 1.12.030 (Continuing violations).
SECTION 31: 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 32: This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 33: 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 34: 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.
PASSED, APPROVED, and ADOPTED this __________ day of January, 2024. _________________________________
Austin Bishop, Mayor
Approved as to form: Attest:
___________________________ ________________________________ William P. Curley, III, City Attorney Rochelle Scott, Acting City Clerk Ordinance No. 1634
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 _____________, 2024 effective on the ____ day of ___________, 2024 by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
P U B L I C S A F E T Y D E P A R T M E N T
Ordinance No. 1634
City of Palmdale
City Council
January 24, 2024
Amendments to the Palmdale Municipal Code (PMC) include:
Title 1: General Provisions
• Authorizes peace officers to make arrests for violations of the PMC per state law
Title 8: Health and Safety
• Expands the definition of inoperable vehicles
• Updates the City’s rental unit inspection program by requiring rental property owners to coordinate more effectively with the Building and Safety division • Adds regulations for seasonal lights, decorations, or displays Title 9: Public Peace, Morals and Welfare
• Includes prohibitions on:
o Urination and defecation in public places
o Fighting on public property
o Causing nuisances while under the influence
o Public consumption of alcohol or possession of open containers in areas not otherwise approved for such purposes
o Harassment of City staff
• Adds regulations on aggressive panhandling
Recommendation
Adopt Ordinance No. 1634, an Ordinance approving various amendments to Titles 1, 8, and 9 of the PMC to enhance
public safety.
City Council Staff Report
DATE: JANUARY 24, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT
BUILDING AND SAFETY DIVISION
DISTRICT: ALL
SUBJECT: INTRODUCTION AND ADOPTION OF URGENCY ORDINANCE NO.
U-1635, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALMDALE ADOPTING BY REFERENCE APPENDIX
P OF THE 2022 CALIFORNIA BUILDING CODE, AND APPENDIX AZ OF THE 2022 CALIFORNIA RESIDENTIAL CODE
RECOMMENDATION
Staff recommends that the City Council:
1. Receive public testimony regarding Urgency Ordinance No. U-1635; and
2. Adopt Urgency Ordinance No. U-1635 recommending the City Council approval of amendments to the Palmdale Building Code.
BACKGROUND
The State of California’s Health and Safety Code (section 17958) mandates t he State of California’s Building Standards Commission update the California Building Standards codes (Title 24 California Code of Regulations) governing construction practices in the State of California every three years. This triennial update is a result of state agencies reviewing the most current international codes and documents, making amendments, and then adopting through the Building Standards Commission into California Administrative Code, Title 24. Each jurisdiction, including city, county, or fire protection districts are afforded the opportunity under California Health and Safety Code section 17958 to make amendments establishing more restrictive standards if the jurisdiction feels that the amendments are reasonably necessary due to topographical, geo logical, or climatic conditions. In addition to establishing amendments, each jurisdiction can adopt the referenced appendices, as needed.
Staff Report to Mayor and City Council
Re: Urgency Ordinance No. U-1635
January 24, 2024
DISCUSSION
Staff reviewed the 2022 California Building Code Appendix P (Emergency Housing) and 2022 California Residential Code Appendix AZ (Emergency Housing) and found that the appendices can provide additional flexibility in providing emergency housing assistance to the local unhoused population. This includes the use of existing buildings, emergency sleeping cabins, and emergency transportable housing, amongst others, only during a declaration of a state of emergency, local emergency, or shelter crisis. Appendix P and Appendix AZ would be incorporated into the Palmdale Building Code that was previously adopted under Ordinance 1595 and Resolution No. CC 2022-115.
FISCAL IMPACT
$0; there is no fiscal impact associated with this action.
STRATEGIC PLAN
Goal III. Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programing that promotes fun for everyone.
Prepared by: Brian George, Building Official
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
1. Urgency Ordinance No. U-1635
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1635
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE ADOPTING BY REFERENCE APPENDIX P OF THE 2022
CALIFORNIA BUILDING CODE, AND APPENDIX AZ OF THE 2022
CALIFORNIA RESIDENTIAL CODE.
WHEREAS, The City of Palmdale adopted Ordinance No. 1595 and Resolution No. CC 2022-115, adopting the 2022 edition of the California Building Code and the 2022 editions of the California Residential Code, Green Building Standards, Mechanical Code, Plumbing Code, and Electrical Codes with local amendments thereto; WHEREAS, Section 17958.5 of the Health and Safety Code of the State of California provides that a City may make such changes or modifications to the Codes as are reasonably necessary because of local climatic, geological or topographical conditions;
WHEREAS, the inclusion of Appendix P and Appendix AZ (Exhibit A) will provide more efficient application and enforcement of the Palmdale Municipal Code to promote public health, safety, and welfare; and,
WHEREAS, the City of Palmdale hereby adopts the appendices as set out more fully herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2 . Section 8.04.201 of the Palmdale Municipal Code is hereby amended to read as follows:
Excepted as amended herein, Chapters 2 through 35, of Volumes I and II, Appendix I, Patio Covers, Appendix J, Grading, and Appendix P, Emergency Housing of that certain building code known and designated as the California Building Code, 2022 Edition, published by the International Code Council and the Building Standards Commission of the State of California, are hereby adopted and incorporated herein by reference as if fully set forth below, and shall be known as the Palmdale Building Code and may be referenced as the PBC. (Ord. 1595 § 1 (Exh. A), 2022, Ord. U-1635, 2024) Urgency Ordinance No. U-1635
SECTION 3 . Section 8.04.750 of the Palmdale Municipal Code is hereby amended to read as follows:
Chapters 2 to 10 inclusive, Chapter 44, Appendix Chapter AH, Patio Covers, Appendix AX, Swimming Pools, and Appendix AZ, Emergency Housing of the California Residential Code, 2022 Edition, published by the International Code Council and the Building Standards Commission of the State of California, are adopted and incorporated herein by reference as if fully set forth below and shall be known as the Palmdale Residential Code of the City of Palmdale and can be referenced as the PRC. (Ord. 1595 § 1 (Exh. A), 2022, Ord. U-1635, 2024)
SECTION 4. The City Council has reviewed the matter and, based upon the facts and information contained in the staff reports, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, in that it will not result in a direct or reasonably foreseeable indirect physical change in the environment nor have a significant impact on the environment.
SECTION 5 . 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 (1) 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 6. Urgency. This Ordinance shall take effect immediately because of the need for the preservation of the public peace, health and safety for the reasons set forth in the Whereas clauses in the beginning of this Ordinance.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance to be publication or posted as required by law.
Urgency Ordinance No. U-1635
PASSED, APPROVED and ADOPTED this ______ day of ____________, ________. ________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ ________________________________ William P. Curley, III Rochelle Scott, Acting City Clerk City Attorney
I, Rochelle Scott, Acting City Clerk of Palmdale, California, do hereby certify that the foregoing Urgency 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 A