ITEM 11.3 ATTACHMENT 1
CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, ADDING CHAPTER 16.96 FLOODPLAIN MANAGEMENT ORDINANCE; AMENDING TITLE 3 REVENUE AND TAXATION, CHAPTER 3.60 PURCHASING SYSTEM, CHAPTER 3.70 INFORMAL BIDDING PROCEDURES; TITLE 6 HEALTH AND SANITATION, CHAPTER 6.20 SOLID WASTE MANAGEMENT, CHAPTER
6.21 BUSINESS AND MULTIFAMILY RECYCLING AND ORGANICS RECYCLING; TITLE 10 VEHICLES AND TRAFFIC; TITLE 12 STREETS AND SIDEWALKS; TITLE 15 WATER AND SEWERS, CHAPTER 15.10 STORM DRAINAGE FEE, CHAPTER 15.12 STORMWATER MANAGEMENT AND DISCHARGE CONTROL; TITLE 16 BUILDINGS AND CONSTRUCTION, CHAPTER 16.44 LAND GRADING AND EROSION CONTROL, CHAPTER
16.84 DEVELOPMENT IMPACT FEES TO FINANCE THE COST OF TRANSPORTATION
FACILITIES
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:
Section 1. Purpose and Declarations.
WHEREAS, the Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Rancho Cordova and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and
WHEREAS, the City of Rancho Cordova was accepted for participation in the National Flood Insurance Program on 09/15/2004 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Parts 59 and 60, necessary for such participation; and
WHEREAS, the City currently utilizes the County of Sacramento Floodplain Ordinance, which was adopted by reference by Resolution No. 75-2004; and WHEREAS, the County of Sacramento Floodplain Ordinance regulates uses, procedures for, and standards of development in the floodplain; and WHEREAS, the proposed ordinance seeks to regulate the same uses, procedures, and standards of development that the County of Sacramento Floodplain Ordinance, therefore only regulates uses that are already present in the City, regardless of their explicit codification in the Rancho Cordova Municipal Code; and
ITEM 11.3 ATTACHMENT 1 WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5, the City of Rancho Cordova is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and WHEREAS, the City acknowledges that there are multiple entities holding jurisdiction over the floodplain, including state and federal agencies; and WHEREAS, the City, by adopting this ordinance, does not intend to supersede or conflict with any existing applicable laws, resolutions, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over the scope of the floodplain; and
WHEREAS, in the event that this ordinance conflicts with any existing applicable laws, resolutions, codes and regulations; the most stringent requirement shall apply; and WHEREAS, the City, FEMA, and the Central Valley Flood Protection Board have jurisdiction over projects along the American River Parkway. For proposed projects in this area, the most stringent floor elevation requirement applies.
WHEREAS, the City conducts periodic updates of the provisions of the Rancho Cordova Municipal Code (RCMC) to ensure compliance with current laws, changes in local policy, consistency with adopted plans and programs, clarify ambiguities, address changing market conditions, reflect best practices, and to address issues or concerns with current regulations; and
WHEREAS, Chapter 3.60 Purchasing System of the Municipal Code, sets forth the City’s purchasing system requirements. The Ordinance would revise multiple sections of Chapter 3.60. Currently the limitation for the purchasing agent is called out earlier in the chapter under 3.60.030(A). In the proposed amendment, subsequent sections addressing purchasing authority within the chapter are referenced to 3.60.030(A) rather than restating the amount. That will facilitate more efficient updates in the future if the purchasing limit amount is revised; and
WHEREAS, Chapter 3.70 Informal Bidding Procedures of the Municipal Code, sets forth the informal bidding procedures for public projects in the City. The Ordinance would revise language in multiple sections of Chapter 3.70 to align with the latest revisions to the Uniform Public Construction Cost Accounting Act’s informal bidding thresholds; and WHEREAS, Chapter 6.20 Solid Waste Management of the Municipal Code, sets forth residential and commercial solid waste requirements within the City. The Ordinance would revise multiple sections of Chapter 6.20 to align with the requirements of the Statewide mandatory Organic Recycling Program (SB 1383); and
WHEREAS, Chapter 6.21 Business and Multifamily Recycling and Organics Recycling of the Municipal Code, sets forth a mechanism to require the implementation of recycling programs and organics recycling programs for covered generators within the City.
The Ordinance would revise multiple sections of Chapter 6.21 to align with the requirements of the Statewide mandatory Organic Recycling Program (SB 1383); and
ITEM 11.3 ATTACHMENT 1 WHEREAS, Title 10 Vehicles and Traffic of the Municipal Code, sets forth various procedures and standards related to traffic, pedestrian and bike mobility, and speed limits within the City. The Ordinance would clarify and update language in Title 10. In addition, the list of one-way streets (Section 10.44) is not needed and has been deleted as part of this update; and
WHEREAS, Title 12 Streets and Sidewalks of the Municipal Code, sets forth various procedures and standards related to street and sidewalk improvements within the City. The Ordinance would clarify and update language in Title 12; and WHEREAS, Chapter 15.10 Storm Drainage Fee of the Municipal Code, sets forth the provisions and standards for establishment and administration of fees related to operation and maintenance of the City’s storm drainage system. The Ordinance would revise multiple sections of Chapter 15.10 to replace references to the County of Sacramento, with the City of Rancho Cordova as the lead agency for operating and maintaining the City’s storm drainage system; and
WHEREAS, Chapter 15.12 Stormwater Management and Discharge Control of the Municipal Code, sets forth the provisions for compliance with the City’s Municipal Stormwater Permit within the City. The Ordinance would revise multiple sections of Chapter 15.12 to align with the requirements of the latest Municipal Stormwater Permit and Clean Water Act regulations, as required by the State of CA; and
WHEREAS, Chapter 16.44 Land Grading and Erosion Control of the Municipal Code, sets forth the provisions and standards for compliance with the grading and erosion and sediment control requirements within the City. The Ordinance would revise multiple sections of Chapter 16.44 to clarify language, emphasize compliance with the County of Sacramento Improvement Standards and Construction Specifications, increase the fine for repeat offenders. The proposed fine is $100 per day for first violation, and $500 per day for second or subsequent violations; and
WHEREAS, Chapter 16.84 Development Impact Fees to Finance the Cost of Transportation Facilities of the Municipal Code, sets forth the provisions and standards for establishment and administration of the Transportation Impact Fee within the City . The Ordinance would revise multiple sections of Chapter 16.84 to reference the latest nexus study and update fee categories; and
WHEREAS, on August 21, 2023, the City Council held a properly noticed public hearing for this Ordinance and considered all oral and written testimony.
Section 2: Findings. This Ordinance is adopted pursuant to the following findings:
A.To date, the City of Rancho Cordova has relied upon Sacramento County’s Floodplain Management Ordinance.
B.The City of Rancho Cordova was accepted for participation in the National Flood Insurance Program (“Program”). In consultation with the Federal Emergency Management Agency and the California Department of Water Resources, in order to continue participation in the Program, the City of Rancho Cordova has been advised to adopt its own floodplain management ordinance based upon the identification of certain special flood hazard areas within the boundaries of the City of Rancho Cordova.
ITEM 11.3 ATTACHMENT 1 C.There are certain sections of the California Building Standards Code that apply to the design and construction of buildings and structures in flood hazard areas. For consistency with administering the California Building Standards Code, the City finds it is in the public interest to adopt floodplain management regulations that are coordinated and consistent with the California Building Standards Code.
D.This Ordinance repeals and replaces the following ordinance(s) and regulation(s): SCC NO.SZC-2016-0023
E. CEQA Compliance. CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, § 15378.) As reflected in State CEQA Guideline 15061(b)(3), an activity is not subject to CEQA, “[where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” The proposed amendments are not a “project” within the meaning of CEQA because the amendments seek to provide clarification of uses, standards and/or enforcement procedures, address inconsistencies between definitions, delete text that is no longer necessary. Because no expansion of uses or activities is reasonably anticipated, no possibility exists that the ordinance will result in a significant effect on the environment. Thus, the proposed ordinance is not subject to the requirements of CEQA. However, in the event that adoption of the ordinance is considered a CEQA project, it would nonetheless qualify for categorical exemptions as set forth below.
CEQA Guidelines Section 15061(b)(3) provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The intent of the proposed Ordinance is to promote public health, safety and welfare and minimize losses from flooding. The City currently relies upon the Sacramento County floodplain management ordinance. The proposed ordinance does not differ substantially from the County ordinance but is tailored for conditions within the City as opposed to County-wide conditions. The proposed ordinance does not change any uses or allow development that would otherwise not currently be allowed. The proposed ordinance is intended to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas. Implementation of the ordinance would not differ substantially from implementation of the County ordinance, as currently applied.
Therefore, it can be seen with certainty that there is no possibility that adoption of this ordinance, amending existing sections to the City’s Municipal Code to align with state and federal guidelines, will have a significant effect on the environment. Consequently, adoption of the Floodplain Management Ordinance is exempt from CEQA.
In addition, this ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15307 which exempts actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. The proposed ordinance regulates development within the floodplain in order to promote public health, safety, and general welfare in conjunction with maintenance, preservation, and restoration of floodplains for local creeks and the American River.
ITEM 11.3 ATTACHMENT 1 This ordinance is also exempt from CEQA pursuant to CEQA Guidelines Section 15308 which exempts actions taken by regulatory agencies as authorized by state or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment. The proposed ordinance regulates development within the floodplain in order to promote public health, safety, and general welfare in conjunction with maintenance, preservation, and restoration of floodplains for local creeks and the American River.
F. The proposed amendment is consistent with the General Plan. The attached Municipal Code Amendments (“Amendment”) are consistent with the General Plan. The amendments would provide standards and/or enforcement procedures, address inconsistencies, delete text that is no longer necessary or provide clarifying language for enforcement.
G. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The attached amendments would provide standards and/or enforcement procedures, address inconsistencies, delete text that is no longer necessary, or provide clarifying language for enforcement. None of these proposed amendments will be detrimental to the public interest, health, safety, convenience, or welfare of the City.
H. The proposed amendments are internally consistent with other applicable provisions in this Municipal Code. The Amendments have been reviewed for consistency with the entirety of the Municipal Code and is consistent with other applicable provisions of the Municipal Code.
Section 3.Amendments to Title 3 Revenue and Taxation, Title 6 Health and Sanitation, Title 10 Vehicles and Traffic, Title 12 Streets and Sidewalks , Title 15 Water and Sewer, and Title 16 Building and Construction
The City Council hereby adopts the proposed amendments to Title 3 Revenue and Taxation, Title 6 Health and Sanitation, Title 10 Vehicles and Traffic, Title 12 Streets and Sidewalks , Title 15 Water and Sewer, and Title 16 Building and Construction, as shown and incorporated in Exhibit A to this Ordinance.
The City Council adds the following sections to the Rancho Cordova Municipal Code:
CHAPTER 16.96– FLOODPLAIN MANAGEMENT ORDINANCE
The City Council hereby adopts Chapter 16.96 Floodplain Management Ordinance, as shown and incorporated in Exhibit B to this Ordinance.
Section 4.Severability
If any provision of this Ordinance or the application thereof to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.
To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
ITEM 11.3 ATTACHMENT 1 hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid or unenforceable.
Section 5. Effective Date
Within fifteen (15) days after adoption, a Summary of this Ordinance shall be published once in the Grapevine Independent, or the Sacramento Bee, a newspaper of general circulation printed and published in Sacramento County and circulated in the City of Rancho Cordova, in accordance with Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of August, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Linda Budge, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
5436172.1
Rancho Cordova Municipal Code
Chapter 3.60 PURCHASING SYSTEM
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 3.60
PURCHASING SYSTEM
Sections:
3.60.010 Adoption of purchasing system.
3.60.020 Purchasing agent designated.
3.60.030 Limitations of purchasing agent.
3.60.040 Purchase procedures.
3.60.050 Purchase orders.
3.60.060 Availability of sufficient funds.
3.60.070 Multiyear contracts.
3.60.080 Splitting purchase and projects prohibited.
3.60.090 Inspection and review.
3.60.100 Surplus supplies and equipment.
3.60.110 Public projects.
3.60.120 Exemptions.
3.60.010 Adoption of purchasing system.
A purchasing system is adopted in order to:
A. Establish efficient procedures for the purchase of supplies, services and equipment; B. Secure supplies, services and equipment at cost commensurate with the level of qua lity required; C. Exercise financial control over purchases; and
D. Clearly define authority for the purchasing function. [Ord. 9-2012 § 1].
3.60.020 Purchasing agent designated.
The city manager is designated as the city’s purchasing agent and shall be responsible for the purchase of all supplies, services and equipment for all departments and divisions of the city. The city manager may delegate all or a portion of the purchasing duties to any city staff member. In accordance with the limitations imposed by RCMC
3.60.030, the purchasing agent shall have the authority to:
A. Purchase or contract for supplies, services and equipment required by the city in accordance with purchasing procedures outlined in this chapter;
B. Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment; C. Act to procure for the city the necessary quality in supplies, services, and equipment at the lowest cost to the city; D. Prepare and recommend to the city council revisions and amendments to the purchasing rules; E. Establish and maintain such forms as reasonably necessary to the operation of purchasing guidelines; F. Supervise the inspection of all supplies, services, and equipment purchased to ensure conformance with specifications;
G. Recommend the sale or disposal of all supplies and equipment which cannot be used by the city, or which have become unsuitable for city use;
H. Maintain records necessary for the efficient acquisition of supplies, equipment and services; and I. Award contracts for public projects and approve change orders to contracts for public projects in accordance with the provisions of this chapter. [Ord. 9-2012 § 1].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 3.60 PURCHASING SYSTEM
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
3.60.030 Limitations of purchasing agent.
A. Unless otherwise directed by the city council, the city manager shall have authority to purchase supplies, services and equipment, and approve and execute payment of all warrants in the amount of $100,000 or less, on an annual basis; drawn upon the city treasury without presentation to the city council, except as provided for in RCMC
3.60.110 and 3.60.120. The purchase of supplies, services, public contracts, equipment, and payment of warrants in excess of $100,000, on an annual basis, which have not been authorized pursuant to a specific contract or other instrument previously approved by the city council, shall be presented to the city council for approval.
B. The city manager shall have the authority to extend or renew contracts, previously approved by the city council, for the purchase of supplies, services, and equipment, so long as no other amendments to the terms of the applicable contract are made, without city council approval. [Ord. 1-2014 § 2; Ord. 9-2012 § 1].
3.60.040 Purchase procedures.
A. Except as otherwise provided in RCMC 3.60.110 and 3.60.120, the purchasing agent or designee shall secure favorable pricing for the procurement of supplies, equipment, and nonprofessional services. This shall include obtaining at least three bids based upon identical specifications from different vendors prior to purchasing supplies, equipment and nonprofessional services costing over $20,000. Bids may be received by informal price checking, in writing, in person, or via the telephone and shall be documented and maintained in a file with the final awarded contract. The competitive bidding procedures as described in Section 20161 et seq. of the Public Contract Code may be utilized when not otherwise required, at the discretion of the purchasing agent or designee. Award shall be made to the vendor offering the lowest acceptable bid. This requirement shall not apply to the purchase of supplies and equipment for which less than three vendors exist.
B. The purchase of professional services, such as architectural, landscape architectural, engineering, environmental, land surveying, legal, financial consultants or construction project management contractors shall be made on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.
C. Without complying with the bidding requirements contained in this section, the purchasing agent may participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of any supplies, equipment, and services with one or more public entities in accordance with an agreement entered into between the participants. Such cooperative purchasing may include, but is not limited to, joint or multiparty contracts between public entities and open-ended state public procurement unit contracts which are made available to the city. [Ord. 9 - 2012 § 1].
3.60.050 Purchase orders.
All purchases requiring a contract shall be documented by a purchase order prepared by the purchasing agent or designee. [Ord. 9-2012 § 1].
3.60.060 Availability of sufficient funds.
No purchase order shall be issued until it has been ascertained that there is to the credit of the department of the city for whose benefit such purchase is to be made a sufficient unappropriated balance in excess of all unpaid obligations to defray the amount of the purchase order. [Ord. 9-2012 § 1].
3.60.070 Multiyear contracts.
A contract for equipment, supplies or services may be entered into for any period of time deemed to be in the best interest of the city; provided, that the term of the contract and renewal provisions are included in the contract.
Adequate funds must be available to fulfill the first fiscal year’s obligation at the time of contract execution.
Appropriations for subsequent years are subject to authorization by the city council. The purchasing agent shall have the authority to enter into multiyear contracts pursuant to this section in amounts not to exceed $100,000 on an annual basis. [Ord. 9-2012 § 1].
3.60.080 Splitting purchase and projects prohibited.
It shall be unlawful to split or separate into smaller purchases or projects any purchase or project for the purpose of evading the provisions of this chapter or the provisions of the Public Contract Code requiring competitive bidding. [Ord. 9-2012 § 1].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 3.60 PURCHASING SYSTEM
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
3.60.090 Inspection and review.
The purchasing agent or designee shall require the inspection of supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications and requirements set forth in the order or contract as applicable. [Ord. 9-2012 § 1].
3.60.100 Surplus supplies and equipment.
At such times as determined by the purchasing agent, reports shall be prepared showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing agent shall have the authority to sell, trade or exchange all said supplies and equipment. Any such sales shall be in accordance with RCMC
3.60.040(A). [Ord. 9-2012 § 1].
3.60.110 Public projects.
A. The provisions contained in Section 20161 et seq. of the Public Contract Code establish contract procedures that the city is required to follow for public projects, where the expenditure required for the public project exceeds the limit set by Section 20162 of the Public Contract Code. The term “public project” is defined by Section 20161 of the Public Contract Code as the following: (1) a project for the erection, improvement, painting, or repair of public buildings and works; (2) work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow; (3) street or sewer work except maintenance or repair; and (4) furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. The definition of public project contained in Section 20161 of the Public Contract Code provided above may be amended from time to time by the state Legislature and such amendments shall be incorporated herein.
1. Subsection (A) of this section shall not apply in instances where the city elects to follow the alternative procedures established in Chapter 3.70 RCMC under the Uniform Public Construction Cost Accounting Act.
B. The city manager shall have the authority to award contracts for public projects in the amount specified in RCMC
3.60.030 (A) or less. Contracts for public projects in excess of the current amount specified in RCMC 3.60.030 ( A) shall be awarded by the city council.
C. The city manager shall have authority to approve change orders for public project contracts up to a cumulative and final contract amount as specified in RCMC 3.60.030 (A). For contracts over the current maximum amount as specified in RCMC 3.60.030 (A), the city manager shall have authority to approve change orders up to a cumulative total of 10 percent of the latest city council approved contract amount. Change orders which exceed these amounts shall be presented to the city council for approval. [Ord. 24-2016 § 2; Ord. 9-2012 § 1].
3.60.120 Exemptions.
A. Emergencies. The bidding requirements for supplies, services and equipment contained in this chapter may be dispensed with when an emergency exists involving a sudden, unexpected occurrence or discovery of a condition or circumstance that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. In such an emergency the purchasing agent may procure supplies, services and equipment in an amount greater than the current amount specified in RCMC
3.60.030 (A); provided, that any such procurement be reported to the city council at the next city council meeting.
The procurement of supplies, services and equipment pursuant to this chapter shall not extend beyond the period of the emergency. Notwithstanding the foregoing, Section 22050 of the Public Contract Code shall apply to expenditures made for public projects in an emergency.
B. Grants. Notwithstanding the foregoing, any contract which is paid with grant monies shall strictly adhere to those purchasing provisions set forth in the applicable grant agreement and pursuant to any applicable state or federal law or regulation. [Ord. 9-2012 § 1].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3.70
INFORMAL BIDDING PROCEDURES
Sections:
3.70.010 Uniform Public Construction Cost Accounting Act.
3.70.020 Definitions.
3.70.030 Methods for bidding – Size of project.
3.70.040 Informal bidding procedures.
3.70.050 Award of contract.
3.70.010 Uniform Public Construction Cost Accounting Act.
The City Council elects to become subject to the Uniform Public Construction Cost Accounting Act, Public Contract Code Section 22000 et seq., and to establish informal bidding procedures for public projects. [Ord. 24-2016 § 3].
3.70.020 D efinitions.
A. “Commission” means the California Uniform Construction Cost Accounting Commission under Public Contract Code Section 22010 et s eq.
B. “Public project” means a project defined in Section 22002 o f the Public Contract Code, as that section may be amended or renumbered from time to time. Pursuant to Section 22002, “public project” means any of the following:
1. C onstruction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
2. Painting or repainting of any publicly owned, leased, or operated facility.
3. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.
4. “Public project” does not include maintenance work. For purposes of this section, “maintenance work” includes all of the following:
a. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. b. Minor repainting.
c. Resurfacing of streets and highways at less than one inch. d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
e. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. [Ord. 24-2016 § 3].
3.70.030 Methods for bidding – Size of project.
A. A public project up to the greater of $60,000 or the amount authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(a) of the Public Contract Code as amended, may be performed by City force account, by negotiated contract, or by purchase order, or the city may elect to follow the informal bidding procedures prescribed in RCMC 3.70.040 an d California Contract Code Section 22034 .
B. A public project greater than $60,000 (or the amount authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(a) of the Public Contract Code) and less than or equal to the greater of $200,000 or maximum amount authorized in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(b) of the Public Contract Code as amended, the City may elect to follow informal bid procedures, as established in RCMC 3.70.040 an d California Contract Code Section 22034 .
C. A public project of more than $200,000 (or otherwise in amounts authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(c) of the Public Contract Code as amended) shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedure in accordance with all applicable provisions of the California Public Contract Code, and RCMC 3.60.110.
D. E mergencies. In compliance with Public Contract Code Sections 22035 and 22050, in cases of emergency when repair or replacements are necessary, the City Council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or by giving notice for bids. [Ord. 24-2016 § 3].
3.70.040 I nformal bidding procedures.
A. Mailing of Notice. Where a public project of $200,000 (or otherwise in amounts authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(b) of the Public Contract Code) or less is to be performed, the City Manager or designee shall mail a written notice inviting informal bids to (1) all contractors for the category of work to be bid as shown on the contractors list developed in accordance with subsection (D) of this section and/or (2) all construction trade journals designated by the Commission under Public Contract Code Section 22036. Additional contractors and construction trade journals may be notified at the discretion of the City Manager or designee.
B. T iming of Notice. All notices shall be mailed not less than 10 calendar days before bids are due.
C. Contents of Notice. The notice inviting bids shall describe the project in general terms, set forth how to obtain more detailed information about the project, state the time and place for submission of bid, and whether any bonds will be required.
D. Qualified Contractors List - Informal Bidding List. The City Manager or designee(s) shall develop and maintain a list of qualified contractors identified according to categories which comply with Section 22034 o
f the Public Contract Code and criteria adopted by the Commission.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
E. No Qualified Contractors. If there is no list of qualified contractors for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.
F. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting bids may be sent exclusively to such contractor or contractors.
G. It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this chapter requiring work to be done by contract after competitive bidding. [Ord. 24-2016 § 3].
3.70.050 Award of contract.
A. The City Manager shall have the authority to award contracts for public projects up to the amount authorized in RCMC 3.60.030 (A). Contracts for public projects in excess of the amount authorized in RCMC 3.60.030 (A), shall be awarded by the City Council.
B. If all bids received on a public project under this procedure set forth in this section are in excess of $200,000 (or the current maximum amount authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22034(d) of the Public Contract Code), the City Council may award the contract at $212,500 (or the current maximum amount authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22034(d) of the Public Contract Code) or less to the lowest responsible bidder if the City Council determines by adopting a resolution by at least four-fifths vote that the City’s original cost estimate was reasonable. [Ord. 24-2016 § 3].
5376249.1
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 6.20 SOLID WASTE MANAGEMENT
Sections:
6.20.010 Purpose and declarations.
6.20.020 Definitions.
6.20.030 Collection or transportation prohibited.
6.20.035 Mandatory service.
6.20.040 Public agency exemption.
6.20.045 Mandatory service exemption.
6.20.050 Franchise requirement.
6.20.055 Exempt collection or transportation.
6.20.060 City council authority to grant franchise.
6.20.070 Franchise terms and conditions.
6.20.080 Application for commercial or residential franchise.
6.20.090 Commercial franchise application review process.
6.20.095 Residential franchise application review process.
6.20.100 Appeal upon denial of award.
6.20.110 Awarding of franchise.
6.20.120 Requirements for franchise effectiveness.
6.20.130 Franchise fees.
6.20.140 Recycling facility reporting requirements.
6.20.150 Restrictions on franchisees.
6.20.160 Medical waste.
6.20.170 Enforcement.
6.20.180 Abatement proceedings.
6.20.190 Notices.
6.20.200 On-site storage.
6.20.210 Solid waste disposal restrictions.
6.20.220 Use of containers.
6.20.230 Rules and regulations.
6.20.240 Vehicle inspection.
6.20.250 Vehicle requirements.
6.20.260 Covered load requirement.
6.20.270 Rights reserved to city.
6.20.280 Other franchise provisions.
6.20.290 Criminal penalties for violations.
6.20.300 Civil penalties for violations.
6.20.310 Settlement process.
6.20.320 Hearing officer.
6.20.330 Appeals.
6.20.340 Appeal hearing.
6.20.010 Purpose and declarations.
A. It is hereby declared and determined that the business of collecting and subsequently transporting, transferring, disposing and/or recycling of residential and commercial solid waste generated, kept or accumulated within the incorporated limits of the city of Rancho Cordova affects the health, safety, public welfare and quality of life of the inhabitants of the city. The city further declares that the business of collecting and disposing of r esidential and commercial solid waste is a public service and should be regulated by the city to ensure reliability and adequacy of service. The use of any public street or public property in connection with such business is of great concern to the city and should be regulated by the city. Therefore, it is the purpose of this chapter to provide such regulation.
The city further declares that residential collection service will be most efficient, and at a lower cost, when collection routes provide door-to-door service uninterrupted by competition in the same area; and that exclusive residential collection services allow for energy conservation in fuel consumed by collection equipment, for the reduction of traffic congestion on roads and streets, and for fewer adverse effects on public streets and rights-of-way due to less truck traffic.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
B. It is the further purpose of this chapter to regulate such business in order to ensure its orderly operation and to minimize the adverse effects it may have on the local environment. It is also the purpose of this chapter, aside and apart from regulation, to require compensation for the value of the franchise issued by the city.
C. It is the further purpose of this chapter to provide for the uniform regulation of residential and commercial solid waste collection, removal and transportation within the geographical area of the city.
D. The city hereby elects to have the grant of franchises governed by this chapter, and any ordinances amendatory thereof, and these provisions shall constitute the exclusive procedure applicable to the granting of franchises for the conduct of the business of collecting, transporting or disposing of residential and commercial solid waste. [Ord. 17- 2020 § 3 (Exh A)].
6.20.020 Definitions.
Unless the context otherwise requires, the definitions set forth in this section shall govern the interpretation of this chapter.
A. “City” means the city of Rancho Cordova.
B. “City council” means the city council of the city of Rancho Cordova.
C. “City clerk” means the city clerk of the city of Rancho Cordova.
D. “City engineer” means the engineer of the city of Rancho Cordova.
E. “City limits” means the territorial jurisdiction of the city of Rancho Cordova.
F. “Collection” means the act of picking up and removing solid waste or recyclable material at the place of waste generation.
G. “Commercial hauler” means any person who loads, collects, hauls, or transports commerci al solid waste for a fee by use of any means, including, but not limited to, a dumpster truck; roll-off truck; a side-load, front-load, or rear- load garbage truck; or a trailer.
H. “Commercial solid waste” means all solid waste, as defined in this chapter, that is generated by and at commercial and industrial sources, multifamily residential property, and construction and demolition activities that is collected by a commercial hauler.
I. “Franchise” or “commercial franchise” means a commercial solid waste and recyclables collection franchise issued under the provisions of this chapter to a commercial hauler within the city.
J. “Franchisee” means a person or entity holding a franchise issued pursuant to this chapter. "Garbage" means those elements of the Solid Waste stream designated for the “Garbage Container”, and excludes hazardous waste, materials designated for the “Organics Container” or “Recycling Container” or materials which have been separated for reuse.
“Garbage Container” has the same meaning as “Gray Container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Garbage.
L. “Materials recovery facility” or “MRF” means any facility designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparing recyclable materials for sale and which has obtained and maintains a valid permit(s) to accept, process or store recyclable materials. This definition shall apply only within the framework of materials recovery facility services and reporting of this chapter.
M. “Multifamily residential property” means five or more individual living units located on a single parcel of land and any mobile home park located within the city.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Organics Container” has the same meaning as “Green Container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Waste designated for Compost processing, including Food Waste and landscape and pruning waste accepted in the City’s Organic Waste Collection program, and other organic materials as determined by the City as acceptable for the Organics Container “Organic Waste” or “Organic Recyclable Material” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to Food Scraps, food soiled paper, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46).
Organic Waste does not include Rigid Compostable Plastic. N. “Person” means an individual, firm, limited liability company, association, partnership, industry, public or private corporation, or any other entity whatsoever.
O. “Police chief” means the chief of police of the city of Rancho Cordova.
P. “Public works director” means the public works director of the city of Rancho Cordova, California.
Q. “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. “Recycling” does not include transformation as defined in Section 40201 of the Public Resources Code.
R. “Recycling facilities” means those facilities or operations that receive, process, and transfer to market recyclable materials that have been source separated from the solid waste stream.
S. “Recyclable material” or “recyclables” means materials that have been separated from the solid waste stream prior to disposal for the purpose of returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace, and that are not landfilled
. Recyclable material or recyclables includes those materials that can be placed in the Recycling Container including but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as determined by the Ci ty. “Recycling Container” has the same meaning as “Blue Container” in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated Recyclable Materials.
T. “Removal” means the act of taking solid wastes or recyclable materials from the place of generation.
U. “Residential dwelling unit” means an individual living unit in a single -family dwelling, condominium, townhouse, mobile home, duplex (two units), triplex (three units), fourplex (four units) or building of four or less total individual living units intended for, or capable of being utilized for, residential living other than a hotel or motel.
V. “Residential hauler” means any person who loads, collects, hauls, or transports residential solid wa ste for a fee by use of any means, including, but not limited to, a dumpster truck; roll-off truck; a side-load, front-load, or rear-load garbage truck; or a trailer.
W. “Residential solid waste” means all solid waste, as defined in this chapter, that is g enerated by and at a residential dwelling unit.
X. “Residential franchise” means a residential solid waste collection franchise issued under the provisions of this chapter to a residential hauler within the city.
Y. “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. “Solid waste” does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
25800) of Division 20 of the Health and Safety Code, or medical waste. “Solid waste” includes recyclable materials set out for separate collection for the purposes of recycling, and that are not landfilled.
Z. “Source separate” or “source separated” means the process of removing recyclable materials from solid waste for the purpose of recycling.
AA. “Treated medical waste” means medical waste as defined in subsection (a) of Section 25023.5 of the Health and Safety Code.
BB. “Construction and demolition debris” means used or discarded materials resulting from construction, renovation, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, renovation, remodeling, repair, or demolition operations. This includes mixed construction and demolition debris and source separated recyclable construction and demolition material. [Ord. 17- 2020 § 3 (Exh A)].
6.20.030 Collection or transportation prohibited.
Except as authorized by RCMC 6.20.040 and 6.20.050, it shall be unlawful for any person to engage in the business of collecting, removing or transporting residential or commercial solid waste, or otherwise organizing, directing, sponsoring, brokering or causing the collection, removal or transportation of commercial residential or solid waste within the city without possessing a valid franchise or valid residential franchise granted by the city. [Ord. 17- 2020 § 3 (Exh A)].
6.20.035 Mandatory service.
Except as otherwise expressly provided by this chapter, the owner, tenant, or occupant of every improved parcel (parcel with one or more business and/or residential buildings approved for occupancy) located within the city shall subscribe to garbage container, recycling container and organics container collection service from a residential or commercial franchisee operating pursuant to this chapter. Each business (DBA) and/or residential building with a separate address and each separate business unit and each separate residential unit (under separate rental agreement) with a common address located on such parcel shall subscribe to such a three container waste collection service. The owner, tenant or occupant of a parcel with a residential dwelling unit shall subscribe to a collection service from a residential franchisee operating according to this chapter. The owner, tenant, or occupant of a parcel with a commercial or multifamily property shall subscribe to a three container collection service from a commercial franchisee operating according to this chapter. The owner, tenant or occupant shall comply with the relevant sections of this chapter, state law and local ordinances; and pay for the collection and disposal of such containers, unless a Commercial Business Owner receives an exemption or waiver as provided in RCMC 6.21. 140 Subscription to such required service does not preclude Single Family Residents or Commercial Businesses from self -hauling their own waste in their own vehicles if they meet the self-haul requirements of this chapter.
6.20.040 Public agency exemption.
The provisions of RCMC 6.20.035 shall not be applicable to the United States, the state of California, the county, a city, a special district or any other local public agency with respect to the accumulation, collection or transportation of refuse resulting from operations of such agency. [Ord. 17-2020 § 3 (Exh A)].
6.20.050 Franchise requirement.
It is unlawful for any person to engage in the business of collecting, transporting or disposing of residential or commercial solid waste kept, accumulated or generated in the city, or to engage in the bu siness of soliciting accounts or invoicing customers for residential or commercial solid waste service in the city unless:
A. A commercial franchise or residential franchise therefor has first been granted pursuant to the provisions of this chapter and such franchise is in full force and effect and a written franchise agreement therefor has been executed between such person and the city and such agreement is in full force and effect. [Ord. 17- 2020 § 3 (Exh A)].
6.20.055 Exempt collection or transportation.
The following persons shall be authorized to organize, direct or sponsor the collection, removal or transportation of residential or commercial solid waste within the city, or collect, remove or transport such solid waste, without a franchise or a residential franchise:
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
A. The United States, the state of California, a city, a special district or other local public agency, or any employee or member of the Armed Forces thereof, or any individual or employee of such individual who has entered into a contract for solid waste collection with a federal or state agency, when collecting or transporting solid waste produced by operation of the public entity under a system of solid waste collection and transportation operated and maintained by the public agency;
B. The owner, operator or occupant or employee of a farm or ranch consisting of five acres or more, when transporting for off-site disposal solid waste accumulated as a result of operation of the farm or ranch; C. An owner or occupant of a residential or multifamily residential property, when collecting or transporting recyclable materials and/or organic recyclable materials, not containing garbage, from his or her residential premises to a lawful point of disposal;
D. A residential construction contractor, commercial or residential gardener and those engaged in the business of cleaning residential, commercial and multifamily residential properties and employees thereof, when collecting or transporting solid waste consisting of by-products of the services provided to a lawful disposal location; E. A person or employee thereof, when collecting or transporting dead animals, bones, meat scraps or food waste resulting from food processing plants for tallow or fertilizer, or other waste material to be used as raw material in manufacturing, or solid waste that is collected without charging a fee to the customer for purposes of salvage; provided, that such persons shall reuse or recycle or cause to be reused or recycled all materials collected, and shall not transport or arrange for the transport of any collected materials to a disposal site; F. An operator or employee thereof of one or more industrial plants which are under single ownership, when collecting or transporting wastes which cannot be handled by standard solid waste collection equipment or which involve significant health, operating or handling hazards, including but not limited to rice hulls, tomato pulp, chemical residues, explosives, and other toxic, noxious or hazardous substances; provided, that a ll such wastes shall be deposited at an appropriate disposal area permitted pursuant to California State solid or hazardous waste management standards.
Any transportation of solid waste authorized by this section shall be conducted in strict compliance with any and all requirements of this chapter relating to transportation and any regulations issued hereunder; G. Any person collecting or transporting hazardous waste, medical waste and designated waste, as defined in law, regardless of its source;
H. Any person collecting or transporting by-products of sewage treatment, including sludge, sludge ash, grit, and screenings;
I. Any person collecting or transporting residue or nonprocessable waste from a solid waste management facility, including material recovery, composting, and transformation facilities; J. Municipal corporations and other governmental agencies using their own vehicles engaged in the collection, transportation, or disposal of solid waste within the city; and K. Any commercial edible food recovery organization collecting edible food from commercial establishments resulting in the recovery and redistribution of edible food for consumption. [Ord. 17- 2020 § 3 (Exh A)].
6.20.060 City council authority to grant franchise.
A. The city council may and is hereby empowered to grant to a qualified applicant a nonexclusive franchise to engage in the business of collecting, transporting or disposing of commercial solid waste, accumulated or generated in the city, or to delegate the authority, by resolution, to the public works director, and/or his or her designee, to grant the franchise.
B. The city council may and is hereby empowered to grant to a qualified applicant an exclusive residential franchise to engage in the business of collecting, transporting or disposing of residential solid waste and recyclable materials kept, accumulated or generated in the city, or to delegate the authority, by resolution, to the public works director, ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
and/or his or her designee, to grant the franchise according to the procedures set forth in RCMC 6.20.080 and
6.20.095.
C. The city council may grant a commercial franchise or a residential franchise to an applicant based on compliance with this chapter. Any grant of a commercial franchise or a residential franchise by the city council may be subject to such terms, conditions, rules, regulations, restrictions, and limitations as the city council deems necessary to protect the public health, safety, or welfare.
D. The city council hereby empowers and grants to the public works director, and/or his or her designee, the authority to administer and negotiate nonsubstantive changes to the commercial franchise and residential franchise agreements. The city council may delegate authority by resolution to the public works director, and/or his or her designee, to administer, negotiate and execute franchise agreements. [Ord. 17 -2020 § 3 (Exh A)].
6.20.070 Franchise terms and conditions.
A. All franchises and residential franchises shall be subject to the terms and conditions specified in this chapter, in the franchise agreement and in all other applicable federal, state and local laws and regulations.
B. In granting any franchise or residential franchise, the city council may prescribe such other additional terms and conditions, not in conflict with this chapter, as in the judgment of the city council are in the public interest.
C. Each franchisee shall provide residential or commercial solid waste collection, removal, recycling, and transportation services consistent with the provisions of this chapter, the terms and conditions of the franchise issued to the franchisee, and any applicable federal, state, or local statute, ordinance, rule or regulation.
D. Each franchisee shall provide services without undue interruptions caused by mechanic al failures or other inadequacies of equipment and shall utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service and to provide preventive and repair maintenance of such equipment sufficient to ensure reliability. [Ord. 17-2020 § 3 (Exh A)].
6.20.080 Application for commercial or residential franchise.
A. All applications for commercial or residential franchises pursuant to this chapter shall be in writing and shall be filed with the public works director, and/or his or her designee.
B. Each application for a commercial or residential franchise from a company that has never held a commercial or residential franchise in the city shall be submitted by the applicant on a form provided by the public works directo r, and/or his or her designee. The application shall contain all attachments with the following information:
1. Identification.
a. The name and address of the applicant.
b. Business address and telephone number of the applicant. c. Address where all vehicles and operating equipment used within the city will be kept. d. If the applicant is a partnership, the applicant shall include the name and address of each partner, general, limited or otherwise, owning more than 10 percent ownership in the partnership and their percentage of ownership.
e. If the applicant is a corporation, the application shall state the names and addresses of the corporation’s directors, date and place of incorporation, main offices, major stockholders and associates, and the names and addresses of the parent and subsidiary companies.
f. If the applicant is an affiliate or a franchised operation of another corporation (not to be confused in this instance with a solid waste franchisee of the city), the applicant shall list the names and addresses of the parent or subsidiary companies, together with a description of their business interests and/or ownership.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
g. If the applicant is a joint venture or other combination of persons and corporations, identify separately the names and addresses of each member of the joint venture or combined effort, together with their percentage interest.
2. Business Operations. The names of the executive, operational and financial managers to be used in connection with the solid waste collection services, together with documentation that such persons and the applicant have sufficient experience in solid waste handling to perform solid waste collection services in the city.
a. Attestation that books and accounts of all revenue and income arising out of its operations will be kept in a manner that conforms to generally accepted accounting principles. b. A statement that the applicant shall obtain insurance prior to commencing business subject to the franchise agreement.
c. A statement that the applicant shall maintain and report on a timely basis all operational information and data elements reasonably required by the city to comply with its reporting requirements such as those established under AB 939, and as defined in the franchise agreement. d. A complete listing and explanation of any civil or criminal rulings or judgments in excess of $5,000, or convictions against applicant, any of applicant’s partners, major stockholders, corporate directors or parent or subsidiary companies, occurring within the last five years. Applicants that are subject to the periodic reporting requirements of Section 13(a) of the Securities Exchange Act may, in lieu of the information required by this subsection, submit the information reported pursuant to 17 CFR 229.103 (Legal proceedings) and 229.403 (Security ownership of certain beneficial owners and management) on the most recent form 10-K filed by the applicant with the Securities and Exchange Commission.
3. Facilities and Equipment.
a. A description of all vehicles and equipment that the applicant owns, has control of, or intends to acquire for the collection, transportation, or disposal of commercial waste in the city and which are subject to the provisions of the franchise agreement. A statement as to whether said vehicles and equipment are self- unloading and equipped with audible automatic backup warning devices. The minimum vehicle description for existing vehicles shall include Vehicle Identification Number (VIN) and license plate number.
b. Evidence demonstrating that the applicant owns or will have access to suitable facilities for keeping vehicles and equipment clean and in good repair, and that the applicant owns or will have access to reasonable office and billing facilities.
c. Evidence demonstrating that the applicant owns or will have the legally enforceable right to use at least two collection vehicles, the bodies of which are closed, leak-resistant, and constructed for the purpose of solid waste collection, transportation, and disposal. In the alternative, for the purposes of this provision, an applicant may demonstrate by the evidence that they service and transport open- top roll-off boxes for the collection, transportation, and disposal of nonputrescible waste and/or roll -off compaction boxes which are closed, leak-resistant, and are constructed for the purpose of solid waste collection, transportation, and disposal.
4. Financial Resources. Applicant shall provide proof satisfactory to the public works director, and/or his or her designee, that the applicant has adequate financial resources to conduct commercial solid waste collection services.
5. Diversion Plans. Each franchisee shall submit a diversion plan with their franchise application. The diversion plan shall provide a detailed description of how the franchisee intends to divert recyclable materials from commercial solid waste in order to assist the city in meeting the city’s AB 939 reporting requirements.
6. Application for Police Chief Review.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
a. The city may request that the police chief review each franchise application prior to the city issuing a franchise. The public works director, and/or his or her designee, may refer all franchise applications or renewals pursuant to this chapter to the police chief who, in conjunction with city staff, shall make such investigation of the applicant as the police chief deems necessary in order to determine whether the applicant’s character or the business responsibility of the firm the applicant represents is satisfactory. The requirements of this section apply to all pending or future applications or proposals for issuance or renewal of such franchise pursuant to this chapter. The police chief’s investigation may include, but is not limited to, obtaining the fingerprints and a photograph of the applicant, or any other per son connected with the firm which the applicant represents, and the obtaining of reports from the state and federal law enforcement agencies and reports from any other appropriate sources. b. If requested to review an application, the police chief shall evaluate each franchise application or proposal to determine whether the operation of the business which the applicant or party submitting the proposal represents would involve an unreasonable risk to the health, safety or general welfare of the public. In making such a determination, the police chief shall consider the character of the applicant or party submitting the proposal and each director, officer, manager and other person who exercises policy control over the operations of the applicant or proponent, the business responsibility of the firm which the applicant or party submitting the proposal represents, and the manner in which the firm intends to conduct its business.
c. The police chief shall notify the public works director, and/or his or her designee, of the results of the investigation conducted pursuant to this section. If the police chief recommends disapproval of the application or proposal, the reasons for disapproval shall be specified in writing. The police chief shall forward a copy of the statement of reasons to the public works director, and/or his or her designee, and shall provide a copy to the applicant or party submitting the application.
7. Other.
a. Any other evidence that demonstrates that the applicant is able to render collection and subsequent transportation and/or disposal services in accordance with applicable federal, state and local statutes. b. Such additional information as may be reasonably requested by the public works director, and/or his or her designee.
c. During the application or proposal period and during the full term of any franchise, all information contained in the franchise application shall be kept up to date by the applicant who shall file a new verified statement within 48 hours of any change indicating in detail the nature of any change in the information.
C. Each application for a commercial or residential franchise from a company holding a valid, current commercial or residential franchise which is set to expire shall be submitted by the applicant on a form provided by the public works director, and/or his or her designee. The application shall include all attachments required by the public works director, and/or his or her designee.
D. The application shall be signed by the person applying for the commercial or residential solid waste and recyclables collection franchise or, in the case of a partnership or corporation, by a person authorized to bind the partnership or corporation. [Ord. 17-2020 § 3 (Exh A)].
6.20.090 Commercial franchise application review process.
A. The city council may award franchises for the collection of commercial solid waste within the city to applicants meeting all of the qualifications of this chapter.
B. Applicants may submit their completed application for a commercial franchise, as provided in RCMC 6.20.080, to the public works director, and/or his or her designee, for review and consideration at any time. The public works director, and/or his or her designee, shall review such submittals and either make a recommendation to the city council to award such franchise or notify applicant of denial within 60 days of receiving a completed application.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
C. The public works director, and/or his or her designee, shall take into consideration all components of the completed application, including but not limited to:
1. The ability of the applicant to meet all terms of the agreement;
2. Any history of civil or criminal convictions that may compromise the public’s interests; and
3. The completeness, accuracy, and validity of the application.
The public works director, and/or his or her designee, shall also have the authority to verify independently any and all statements made and implied in the application. The public works director, and/or his or her designee, may also request clarification from applicant of any or all elements of the submitted application.
D. After the 60-day review period, the public works director, and/or his or her designee, shall either:
1. Deny an award and notify the applicant in writing of the reasons why the award was denied; or
2. Recommend to the city council that a franchise be awarded.
E. Upon concurrence with a positive recommendation, the city council will award the franchi se or will delegate authority to the public works director, and/or his or her designee, to award the franchise within a reasonable period of time. The public works director, and/or his or her designee, will notify applicant in writing of an award. [Ord. 17 - 2020 § 3 (Exh A)].
6.20.095 Residential franchise application review process.
A. The city council may award an exclusive franchise for the collection of residential solid waste and recyclables within the city to an applicant meeting all of the qualifications of this chapter.
B. Applicants may submit their completed application for a residential franchise, as provided in RCMC 6.20.080, to the public works director, and/or his or her designee, for review and consideration when the city has noticed its desire to receive such applications and according to the deadlines set forth by such notice. The public works director, and/or his or her designee, shall review applications and either make a recommendation to the city council to award such franchise or notify applicant of denial within 60 days of receiving a completed application.
C. The public works director, and/or his or her designee, shall take into consideration all components of the completed application, including but not limited to:
1. The ability of the applicant to meet all terms of the agreement;
2. Any history of civil or criminal convictions that may compromise the public’s interests;
3. The completeness, accuracy, and validity of the application; and
4. The applicant’s ability to provide the most efficient and cost-effective collection service to city residents while minimizing the adverse effects of such service on the residents, city streets and rights -of-way, and the environment.
The public works director, and/or his or her designee, shall also have the authority to verify independently any and all statements made and implied in the application. The public works director, and/or his or her designee, may also request clarification from applicant of any or all elements of the submitted applica tion.
D. After the 60-day review period, the public works director, and/or his or her designee, shall either:
1. Deny an award and notify the applicant in writing of the reasons why the award was denied; or
2. Recommend to the city council that a franchise be awarded to a particular applicant; or ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
3. Recommend to the city council a group of finalists from which the city council may select an applicant to award an exclusive franchise to.
E. Upon concurrence with a positive recommendation, the city council will award the franchise or will delegate authority to the public works director, and/or his or her designee, to award the franchise within a reasonable period of time. The public works director, and/or his or her designee, will notify applicant in writing of an award. [Ord. 17- 2020 § 3 (Exh A)].
6.20.100 Appeal upon denial of award.
A. Within 30 days of written notification of award denial or within 60 days of the public works director, and/or his or her designee’s failure to act on the commercial or residential franchise application, the applicant has the right to meet with the public works director, and/or his or her designee, to review the items cited in the written notice and provide any additional evidence to support an award. Within 15 days of such meeting, the public works director, and/or his or her designee, will make a final, written determination of the application, based on the reviews of additional evidence, together with the original application. The public works director, and/or his or her designee, will send a copy of all final, written determinations, including reasons for denial, if any, to both applicant and the city council.
B. Applicant may, within 10 days after receiving the public works director, and/or his or her designee’s final denial, request a public hearing before the city council by submitting to the city clerk a written petition for an appeal hearing. If a public hearing is requested, the city clerk shall set the matter for hearing at the next regularly scheduled city council meeting or any later date as agreed upon by the applicant and clerk of the city council. At such hearing, applicant may present evidence in writing and through testimony of its employees and others relevant to the application. During such hearing, the city council may demand from the applicant such additional information as the city council may deem relevant and necessary. Standard rules of evidence are not in effect at such public hearing, and the applicant shall have the burden of proof to show facts demonstrating that the applicant does in fact meet the requirements of this chapter. Any hearing may be continued or adjourned to a stated time and place without the giving of further notice. The city council will provide applicant with a written explanation of its determination on the application within 30 days of such hearing. The city council’s decision is final.
C. If the term of an applicant’s existing franchise expires while the application is under city review, the city council or the public works director, and/or his or her designee, may administratively extend the term for such period of time as is required to complete the appeal process. [Ord. 17-2020 § 3 (Exh A)].
6.20.110 Awarding of franchise.
A. A commercial or residential franchise shall become effective only once the applicant and the city have signed a written agreement, and upon applicant’s satisfying all of the requirements and conditions set forth in both this chapter and the franchise agreement.
B. The franchisee must provide to the city copies of all required certificates of insurance, and bonds as may be enumerated in the franchise agreement and this chapter. Should franchisee fail to maintain all such insurance and bonding requirements, uninterrupted for the term of the agreement, the city will immediately suspend or terminate the commercial or residential franchise.
C. If the franchisee’s description of vehicles and equipment, as required under RCMC 6.20.080, has changed between the application date and the effective date of the franchise agreement, franchisee must submit to the public works director, and/or his or her designee, an amended description, including all identification elements required under RCMC 6.20.080, prior to commencing services authorized in the agreement. [Ord. 17 -2020 § 3 (Exh A)].
6.20.120 Requirements for franchise effectiveness.
A franchise granted pursuant to this chapter shall not become effective unless and until all of the following requirements have been satisfied:
A. The ordinance granting the residential or commercial franchise, or the resolution granting the public works director, and/or his or her designee, the authority to grant the franchise, is effective.
B. The applicant and the city have executed a franchise agreement.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
C. Within 20 days from the date of adoption of the ordinance granting the commercial or residential franchise, or within 20 days of the date of adoption of the resolution delegating authority to the public works director, and/or his or her designee, to grant the franchise, the applicant to whom a franchise has been granted has filed with the city clerk evidence of compliance with the insurance requirements specified in the franchise agreement. [Ord. 17 -2020 § 3 (Exh A)].
6.20.130 Franchise fees.
A. Each person engaging in the business of collecting, transporting or disposing of commercial or residential solid waste accumulated or generated in the city shall pay a franchise fee to the city. The city council shall set the franchise fee by resolution, or shall delegate the authority to set the franchise fee to the city manager.
B. The payment of franchise fees to the city pursuant to this section shall be in addition to any license fee or business tax prescribed by any local jurisdictions for the same period.
C. Commercial and residential solid waste franchise fees shall be payable on all gross collection revenues by a franchisee from its commercial or residential solid waste collection customers located within the city. The franchise fee shall be calculated based on gross collection revenues prior to franchisee imposing the franchise fee on its customers. Nonexclusive franchisees shall also pay franchise fees on revenues received from federal and state government entities within the city.
D. Franchise fees shall be payable by any person providing commercial or residential solid waste services within the city after the effective date of the ordinance codified in this chapter, even where no franchise has been granted. [Ord. 17-2020 § 3 (Exh A)].
6.20.140 Recycling facility reporting requirements.
A. All recycling facilities within the city shall provide bi-annual written reports to the public works director, and/or his or her designee, due 45 days after the close of the six-month reporting period, and including the following information for the previous six months:
1. The total aggregate tonnage of recyclable material received from generators located within the city;
2. The aggregate tonnage of recyclable material received from waste management and recycling operations in the city;
3. The aggregate tonnage of recyclable material received from franchises operating within the city; and
4. The total aggregate amount of residuals generated at the facility and disposed of at a permitted solid waste disposal facility, expressed as a percentage of total tonnage received.
B. To the extent permitted by the California Public Records Act, any report or other information required by this chapter shall be deemed confidential and shall not be subject to public disclosure except for aggregate totals for all facilities.
C. Recycling facilities receiving only scrap metals, agricultural waste, inert materials, and/or discarded, white- coated major appliances that are not normally disposed of and thus cannot be counted towards the state’s diversion requirements are exempt from the reporting requirements of this chapter. [Ord. 17-2020 § 3 (Exh A)].
6.20.150 Restrictions on franchisees.
The following restrictions shall be applicable to franchisees:
A. Except to meet the two-truck requirement of RCMC 6.20.080(B)(3)(c), no franchisee shall, by contract, subcontract, or otherwise, share with another franchisee any office space associated with operations under a franchise.
B. No franchisee, by contract, express understanding or indirectly, shall, in cooperation with another franchisee, divide, segregate or apportion any territory within the city for the purpose of restricting competition within a particular territory.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
C. No franchisee shall, directly or indirectly, enter into any contract, express understanding or other transaction with another franchisee for the purpose of fixing customer rates or charges or otherwise maintaining rates or charges at a particular level.
D. No franchisee or any director, officer, partner, joint venturer, sole proprietor or corporate owner thereof shall be a controlling shareholder of, be a partner, joint venturer or sole proprietor, owner, have any other interest in or be employed by another franchisee. No franchisee which is owned in whole or in part by a corporation shall be effectively controlled by a person or entity by virtue of that person or entity’s ownership of shares in the corporation, if the same person or entity otherwise controls another franchisee. The sole remedy for violation of the provisions of this subsection shall be revocation or refusal to renew a franchise.
E. Each franchisee shall provide to the public works director, and/or his or her designee, such information as the public works director, and/or his or her designee, determines is reasonably necessary to facil itate effective administration of the franchise under the provisions of this chapter. Diversion information may be provided consistent with the framework for materials recovery facility (MRF) services and reporting of RCMC 6.20.140.
F. Notwithstanding any other provisions of this chapter, it shall be allowable for a franchisee having an interest in a materials recovery facility (MRF) to provide a reporting service, a solid waste processing service to another franchisee consistent with the framework for MRF services and reporting of RCMC 6.20.140. [Ord. 17- 2020 § 3 (Exh A)].
6.20.160 Medical waste.
A. Commercial franchisees shall not be required to divert treated medical waste.
B. No treated medical waste from commercial or residential solid waste generators shall be delivered by a permittee to a materials recovery facility for the purpose of recycling. [Ord. 17-2020 § 3 (Exh A)].
6.20.170 Enforcement.
Except as otherwise expressly provided, the provisions of this chapter shall be administered and enforced within the city by the public works director, and/or his or her designee, or other staff and enforcement officials designated by the public works director, and/or his or her designee. [Ord. 17-2020 § 3 (Exh A)].
6.20.180 Abatement proceedings.
Any operation or activity contrary to the provisions of this chapter or a franchise agreement, including the terms and conditions of any franchise, is unlawful and shall constitute a public nuisance. The public works director, and/or his or her designee, is authorized to commence in the name of the city actions or proceedings to abate and enjoin any such operation or activity. [Ord. 17-2020 § 3 (Exh A)].
6.20.190 Notices.
A. Whenever a provision of this chapter authorizes or requires a public hearing to be conducted by the city council, notice of the time, date, place and purpose of the hearing shall be published at least once not later than 10 calendar days in advance of the date of such hearing in a newspaper of general circulation which is published within the city, and shall be served upon each franchisee who is affected by such hearing.
B. Any written notice or other communication to a franchisee which is authorized or required by this chapter shall be deemed served and effective for all purposes when deposited in the United States mail, postage prepaid, and addressed to the latest address of the franchisee shown in the city records pertaining to the franchise. [Ord. 17- 2020 § 3 (Exh A)].
6.20.200 On-site storage.
Every owner, tenant or occupant of a residential dwelling unit or multifamily residential property and every owner, operator or keeper of any business with a fixed location in the city which generates solid waste shall provide and at all times keep within an enclosure, or conveniently located near an enclosure or building, water- tight containers for garbage and suitable containers for recyclable materials and organic recyclable materials, and shall cause to be deposited in such containers, and not elsewhere, all solid waste which accumulates on the premises. The containers shall have tightly fitted covers and shall not leak or permit the escape of odors. Notwithstanding the requirements of this section, generators shall not be required to set out or store recyclable materials and/or organic recyclable ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
materials together with garbage and generators shall be allowed to appropriately store recyclable materials and/or organic recyclable materials for collection separate from garbage. It shall be unlawful for any person to fail to comply with the requirements of this section. Containers shall be clearly identified with the name of the franchisee. [Ord. 17-2020 § 3 (Exh A)].
6.20.210 Solid waste disposal restrictions.
A. It shall be unlawful for any franchisee to do any of the following:
1. To operate or have an interest in a solid waste disposal site, other than a transfer, receiving and/or processing station, within the city;
2. To operate a solid waste disposal area in the city; or
3. To dump any solid waste upon, or permit the same to fall upon, any property, road or highway other than the areas designated by this chapter for the disposal or dumping of solid waste.
B. It shall be unlawful for any person to dump, deposit, or release any solid waste in or on any public or private property, including streets, sidewalks, gutters, highways, or easements, except when acting in accordance with the solid waste collection regulations set forth in this chapter. [Ord. 17-2020 § 3 (Exh A)].
6.20.220 Use of containers.
No person other than a customer who has contracted for service with a franchisee, or a person with such customer’s consent, shall deposit solid waste into a solid waste bin, drop box or compactor placed in the city by a franchisee for the purpose of receiving solid waste. [Ord. 17-2020 § 3 (Exh A)].
6.20.230 Rules and regulations.
A. The collection and subsequent transportation and disposal of commercial solid waste within the city is under the supervision of the public works director, and/or his or her designee, who shall have the power to promulgate rules and regulations regulating such collection and subsequent transportation and disposal, including but not limited to:
1. Commercial solid waste generation, storage, recycling, recovery, accumulation, collection, r emoval, transportation and disposal;
2. The manner in which commercial solid waste collection services are provided;
3. Types of commercial solid waste and vehicles used therefor;
4. The operation and maintenance of sanitary methods of commercial solid was te disposal;
5. Reporting requirements for recycling facilities.
B. A copy of said rules and regulations and all amendments thereto shall be sent by registered or certified mail, postage prepaid, to all affected franchisees addressed to their last place of business. To the extent not otherwise provided by law, it shall be unlawful for a franchisee to collect and subsequently transport or dispose of commercial solid waste contrary to any regulation, order, permit or requirement promulgated by the public works director, and/or his or her designee.
C. All such rules and regulations shall be consistent with the provisions of this chapter and shall be effective on the thirtieth day following the filing of any such rules and regulations with the city clerk.
D. Any person who asserts that he or she is aggrieved by the terms or application of a regulation issued pursuant to this section may appeal the issuance of such regulation by filing a written notice of appeal with the city clerk. The notice of appeal shall specifically identify the regulation or regulations from which the appeal is taken and the reasons for the appeal. Upon receipt of such notice, the city clerk shall schedule the appeal for a public hearing by the city council, notice of which shall be given in the manner prescribed by RCMC 6.20.340(A). At the conclusion of the public hearing, the city council shall be vested with jurisdiction to deny the appeal or to rescind or modify the regulation. The city council’s determination in this regard shall be final.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
E. Any regulation from which an appeal is filed prior to its effective date shall not become effective until the date of a determination by the city council of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision that rescinds or modifies the regulation shall apply prospectively.
F. It shall be unlawful and constitute a violation of this chapter for any person to violate or otherwise fail to comply with any rule or regulation issued pursuant to this section. [Ord. 17-2020 § 3 (Exh A)].
6.20.240 Vehicle inspection.
All trucks and containers used in the collection, removal, transportation or storage of comm ercial solid waste in the city shall be subject to inspection by the city engineer for the purpose of determining whether or not the trucks and containers comply with Title 14, Sections 17341 through 17345 of the California Code of Regulations. [Ord. 17 - 2020 § 3 (Exh A)].
6.20.250 Vehicle requirements.
The bodies of vehicles used in the collection, removal or transportation of commercial solid waste in the city shall have beds of metal or other impervious material which can be cleaned, and shall otherwise be of a type approved by the city engineer’s department adopted pursuant to Title 14, Section 17341.B of the California Code of Regulations.
The city engineer shall be authorized to issue administrative regulations pertaining to specifications for vehicles and containers, the cleansing and disinfecting thereof, and other sanitary measures in connection therewith. [Ord. 17- 2020 § 3 (Exh A)].
6.20.260 Covered load requirement.
A. All franchisee vehicles and all privately owned or operated vehicles using solid waste disposal facilities in the city shall have their vehicle loads covered, with a tarp or equivalent cover, to ensure protection from littering during transportation from the origin of the trip to any waste disposal facility located in the city.
B. All vehicles hauling materials with the load originating in the city to a waste disposal facility located outside of the city shall have their loads covered while in transit within the city.
C. Every permitted or nonpermitted waste disposal facility located within the city shall post signs notifying the public that it is illegal to haul uncovered loads to the facility. These facilities shall cooperate with the city enforcement staff by providing covered load education and promotion information to their customers to help assure the effectiveness of this chapter. [Ord. 17-2020 § 3 (Exh A)].
6.20.270 Rights reserved to city.
In addition to all other rights reserved to the city under this chapter, the following shall apply:
A. There is hereby reserved to the city every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful ordinance or resolution of the city, whether enacted before or after the effective date of the ordinance codified in this chapter.
B. Neither the granting of any franchise nor any provision of any franchise shall constitute a waiver of or a bar to the exercise of any governmental right or power of the city.
C. The franchisee shall have no recourse whatsoever against the city, its officers, employee s or agents or any of the city member entities, their officers, employees, or agents for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchise issued under this chapter or because of the enforceme nt of this chapter.
D. There is hereby expressly reserved to the city the power and authority to amend any section of this chapter so as to require additional or greater standards on the part of the franchisee and the power and authority to increase the franchise fees to be paid by the franchisee pursuant to RCMC 6.20.130. [Ord. 17- 2020 § 3 (Exh A)].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
6.20.280 Other franchise provisions.
The city council may expand or contract the scope of franchise agreements over time due to changes in law or interpretations of law. [Ord. 17-2020 § 3 (Exh A)].
6.20.290 Criminal penalties for violations.
The following criminal penalties apply to violations of this chapter:
A. Violation as Misdemeanor. Unless otherwise specified by this chapter, violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of terms and conditions established in connection with franchises issued pursuant to this chapter, shall constitute a misdemeanor.
B. Penalty for Misdemeanor. Unless otherwise specified in this chapter, any person, whether as principal, agent, employee or otherwise, who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 or imprisoned for not more than six months in the county jail, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. Such penalties shall be in addition to any late fees, civil penalties, administrative civil penalties, or other charges payable to the city by a franchisee for the same period of time or for the same violations.
C. Violation as Infraction. Unless otherwise specified by this chapter or the franchise agreement, the following violations by a franchisee are infractions:
1. Delinquent Payment of Franchise Fee. A delinquent payment of a franchise fee that is not received by the city before the first day of the month following the due date established under the franchise agreement is a violation and a separate violation for every month the payment remains delinquent thereafter.
2. Delinquent Payment of Franchise Fee Late Charge. A delinquent payment of a late payment charge and/or interest charges for a late franchise fee payment (under the franchise agreement) that is not received by the city before the first day of the month following the due date is a violation and a separate violation for every month the payment remains delinquent thereafter.
3. Delinquent Payment of Late Report Charge. A delinquent payment of a late charge for a delinquent quarterly report of diversion (under the franchise agreement) that is not received before the first day of the month following the due date is a violation and a separate violation for every month the payment remains delinquent thereafter.
4. Delinquent Payment of Audit Fee. A delinquent payment of an audit fee (under the franchise agreement) that is not received by the city before the first day of the month following the due date is a violation and a separate violation for every month the payment remains delinquent thereafter.
5. Delinquent Diversion Report. A delinquent quarterly report of diversion (under the franchise agreement) that is not received by the city before the first day of the third month following the end of the quarter reporting is a violation and a separate violation for every month the report remains delinquent thereafter.
6. Incomplete Diversion Report. If a quarterly report of diversion (under the franchise agreement) that is received by the city is incomplete, the inadequacy must be remedied or corrected by the franchisee before the first day of the third month following the end of the quarter or it is a violation and a separate violation for every month the report remains incomplete thereafter. A complete quarterly report of diversion includes all information as may be required by the public works director, and/or his or her designee. Partial quarterly reports of diversion will be considered incomplete.
D. Penalty for Infraction. Unless otherwise specified by this chapter or in the franchise agreement, an infraction is punishable by a fine not exceeding $200.00 for a first violation of any offense under subsection (C) of this section within the preceding 12-month period; a fine of $500.00 for a second violation of the same offense under subsection (C) of this section within the preceding 12-month period; and a fine of $1,000 for each additional violation of the same offense under subsection (C) of this section within the preceding 12 -month period. The public works director, and/or his or her designee, or the city attorney shall also have the discretion to elevate any infraction under subsection (C) of this section to a misdemeanor, punishable under subsection (B) of this section. Such penalties shall ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
be in addition to any late fees, civil penalties, administrative civil penalties, or other charges payable to the city by a franchisee for the same period of time or for the same violation.
E. Separate Remedies. Each civil, criminal, or administrative civil penalty imposed pursuant to this chapter for any separate violation shall be separate from, and in addition to, any other provision of law and does not supersede or limit any and all other legal remedies and penalties, civil, administrative or criminal, which may be applicable under other laws. [Ord. 17-2020 § 3 (Exh A)].
6.20.300 Civil penalties for violations.
The following administrative civil penalties apply to violations of this chapter:
A. Administrative Civil Penalties. In addition to any other remedies provided by this chapter, any person who violates any provision of this chapter shall be liable for an administrative civil penalty to be imposed by the public works director, and/or his or her designee. The amount of the penalty shall not be more than $1,000 for each day of violation. Any person who knowingly violates any provision of this chapter, after reasonable notice of the violation, is liable for an administrative civil penalty of not more than $1,000 for each day of violation. In determining the civil, criminal, and administrative civil penalties imposed pursuant to this chapter, all relevant circumstances shall be considered, including but not limited to the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the violator.
B. Administrative Civil Penalty Procedure.
1. Notice of Violation. The public works director, and/or his or her designee, shall notify the violator in writing of the time within which an alleged violation must be remedied or corrected. The notice shall provide that an administrative civil penalty will be imposed if the continuing violation is not remedied or corrected within the time stated.
2. Notice of Penalty and Opportunity for Hearing. Notice of any administrative civil penalty shall set forth the alleged acts or failures to act that constitute a basis for liability and the amount of the proposed administrative civil penalty. The notice of administrative civil penalty shall be served by personal service or certified mail and shall inform the person so served that the administrative civil penalty imposed may be administratively reviewed by a city-designated hearing officer before it is enforced if a request for hearing is timely filed. The notice shall also specify the procedure for requesting a hearing before the hearing officer.
3. Administrative Review. If a person desires administrative review of t he administrative civil penalty imposed by the public works director, and/or his or her designee, he or she shall request a hearing by timely filing a written request pursuant to the provisions of RCMC 6.20.330. The written request for an appeal must be accompanied by an administrative hearing fee, as established by the city council. Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the public works director, and/or his or her designee, not later than 15 calendar days after the date of service of any such decision. A hearing shall be conducted by the hearing officer pursuant to RCMC 6.20.340 unless the person has waived the right to a hearing or has entered into a settlement agreement with the public works director, and/or his or her designee. A person waives the right to a hearing by so stating in writing or by failure to file with the public works director, and/or his or her designee, a written request for hearing within 15 days after service of the notice of opportunity for hearing.
4. Effective Date. Where the person has waived the right to a hearing or where the person has entered into a settlement agreement, the administrative civil penalty shall not be subject to revie w by any court, the hearing authority, or any other agency and shall be effective 15 days after notice of the penalty is served. Where a hearing has been held, the penalty shall be effective 20 days after the decision of the hearing authority becomes final.
5. Judicial Review. The manner of contesting the final order of the hearing officer concerning any administrative civil penalty is governed by Section 53069.4 of the Government Code, or any successor provision thereto. Service of the notice of appeal authorized by Section 53069.4 of the Government Code upon the city shall be by service upon the city clerk.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
6. Payment of Costs of Enforcement/Collection. In addition to any penalty, sanction, fine or imprisonment, each person who violates this chapter shall be required to pay any and all expenses of enforcement including costs necessary to bring the person into compliance with this chapter. In addition to all remedies contained herein, the city may pursue all reasonable and legal means in collecting those sums authorized and due.
7. Collection. Payment of the penalty shall be made within 30 days from when the penalty became effective. In addition to all remedies herein contained, the city may pursue all reasonable and legal means in collecting administrative civil penalties. [Ord. 17-2020 § 3 (Exh A)].
6.20.310 Settlement process.
The public works director, and/or his or her designee, may adopt a written settlement agreement process for the settlement of violations of this chapter, which shall take into consideration the penalty factors set forth in RCMC
6.20.300. [Ord. 17-2020 § 3 (Exh A)].
6.20.320 Hearing officer.
Whenever the term “hearing officer” is utilized in this chapter, it shall be deemed to refer to one or more qualified persons assigned the responsibility of conducting a hearing by the city manager. [Ord. 17 -2020 § 3 (Exh A)].
6.20.330 Appeals.
Any decision of the public works director, and/or his or her designee, may be appealed to a hearing officer appointed by the city manager. Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the public works director, and/or his or her designee, not later than 15 days after the date of service of any such decision. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived. [Ord. 17-2020 § 3 (Exh A)].
6.20.340 Appeal hearing.
A. Not later than 30 days following the date of filing an appeal within the time and in the manner prescribed by RCMC 6.20.330, the hearing officer shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be mailed to the appellant not later than 10 days preceding the date of the hearing.
B. The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearings; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. Testimony shall be given under oath, and the parties to the hearing shall have the right to cross-examine witnesses. Any relevant evidence shall be admitted if it is the type of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Hearsay evidence may be admitted for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they a re now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.
1. Record. A record of the entire hearing proceedings shall be made by either a certified court reporter or tape recorder operated by the hearing officer. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established and revised from time to time by the city council.
2. Scope. Only those matters or issues specifically raised by the appellant(s) in the written appeal shall be considered in the hearing on appeal.
3. Oaths and Certification. The hearing officer has the power to administer oaths and affirmations and to certify official acts.
4. Oral Evidence. Oral evidence shall only be taken on oath or affirmation.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
5. Rights of Parties. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues of the hearing even though the matter was not raised in the direct examination, to impeach any witness regardless of which party first called him or her to testify, to present rebuttal evidence and to represent himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so. No appellant shall be required to testify without his or her consent.
6. At the conclusion of the hearing, the hearing authority shall prepare a written decision that either grants or conditionally grants or denies the appeal, and contains findings of fact and conclusions. Notice of the written decision, including a copy thereof, shall be filed with the public works director, and/or his or her designee, and served not later than 30 days following the date on which the hearing is closed on the appellant and on other persons who appeared at the hearing and requested a copy. Service shall be by personal delivery or certified mail.
C. City and appellant shall jointly pay for the costs of the hearing. [Ord. 17-2020 § 3 (Exh A)].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 6.21 BUSINESS AND MULTIFAMILY RECYCLING AND ORGANICS RECYCLING Sections:
6.21.010 Purpose and declarations.
6.21.020 Definitions.
6.21.030 Threshold for covered generators.
6.21.040 Requirements for covered generators.
6.21.050 Special requirements.
6.21.060 Designation of recyclable materials and organic recyclable materials.
6.21.070 Ownership of recyclable materials and organic recyclable materials.
6.21.080 Requirements for franchised waste haulers.
6.21.090 Requirements for service agreements.
6.21.100 Process for addressing covered generator noncompliance.
6.21.110 Requirements for multifamily residential properties.
6.21.120 Requirements for self-hauling.
6.21.125 SB 1383 regulatory compliance.
6.21.130 Reporting.
6.21.140 Exemptions from recycling standards.
6.21.150 City rules and regulations.
6.21.160 Rights reserved to city.
6.21.170 Administration and costs.
6.21.180 Unlawful acts.
6.21.190 Implementation and enforcement.
6.21.200 Posting of notices.
6.21.210 Notice of violation.
6.21.220 Notice of violation – Content.
6.21.230 Administrative enforcement order.
6.21.240 Administrative enforcement order – Content.
6.21.250 Delivery of notice or order.
6.21.260 Administrative appeals.
6.21.270 Hearing officer.
6.21.280 Hearing procedure.
6.21.290 Form and contents of decision – Finality of decision.
6.21.300 Procedures for collection of administrative civil penalty.
6.21.310 Actions not prohibited.
6.21.320 Penalties.
6.21.010 Purpose and declarations.
A. It is the intent and purpose of this chapter to promote recycling and organics recycling by:
1. Requiring covered generators in the city of Rancho Cordova to keep recyclable materials separate from all other garbage for recycling;
2. Requiring covered generators in the city of Rancho Cordova to keep organic recyclable materials separate from all other garbage for organics recycling;
3. Requiring covered generators to provide city-approved signs and labeled containers for the storage and collection of recyclable materials and organic recyclable materials;
4. Requiring covered generators to self-haul recyclable materials and/or organic recyclable materials with written approval from the public works director, and/or his or her designee , or enter into a written service agreement for the collection and subsequent delivery of recyclable materials and organic recyclable materials to a recycling facility; and
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
5. Prohibiting the collection of garbage to covered generators that are not subscri bed to recyclable material and organic recyclable material collection services with the same franchised waste hauler or who have not received written approval from the public works director, and/or his or her designee, for an exemption or waiver.
B. It is further the purpose of this chapter to provide a mechanism to require the implementation of recycling programs and organics recycling programs for covered generators within the city to thereby enable the city to meet and maintain the 50 percent waste diversion requirements set forth in Section 41780(a)(2) of the California Public Resources Code. [Ord. 17-2020 § 4 (Exh B)].
6.21.020 Definitions.
A. “AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341,” as amended, supplemented, superseded, and replaced from time to time.
B. “AB 827” means the Solid Waste: Commercial and Organic Waste: Recycling Bins Act of 2019.
C. “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as “AB 1826,” as amended, supplemented, superseded, and replaced from time to time.
D. “Alternative compliance and exemption form” means the form provided by the public works director, and/or his or her designee, on which a covered generator may request an exemption or waiver from the recycling and organics materials collection requirements.
F. “City” means the city of Rancho Cordova, California.
G. “Collection” means the act of picking up and removing garbage, recyclable materials or organic recyclable materials at the place of generation.
H. “Commercial hauler” or “hauler” means any person who collects, hauls, or transports commercial garbage, recyclables and/or organics for a fee by use of any means, including, but not limited to, a dumpster truck, roll -off truck, a side-load, front-load, or rear-load garbage truck, or a trailer.
I. “Commercial solid waste” means all solid waste as defined in subsection (GG) of this section that is generated by and at commercial and industrial sources, multifamily residential properties, and construction and demolition activities that is collected by a commercial hauler.
“Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this chapter. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74).
J. “Covered generator” means all single family, commercial businesses and multifamily residential properties (which are a type of Commercial Business for the purposes of implementing this chapter). The public works director, and/or his or her designee, shall specify the minimum weekly solid waste collection service threshold that defines covered generators for the purposes of this chapter and shall include such designation in the commercial franchise agreement and shall also be designated in RCMC.
6.21.030, “Threshold for Single Family, Commercial Business and Multifamily Property Generators ” . A covered generator may include a single family, business or multifamily residential property owner or generator and is dependent on whomever executes a contract(s) for solid waste, recycling, and organics recycling removal and collection services.
K. “Customer” means a single family, business or multifamily residential property owner or generator who contracts for solid waste removal services and enters into a service agreement with a franchised waste hauler. Where several ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
businesses or multifamily residential properties share garbage containers and service, “customer” refers only to the party who enters into a contract for garbage, recycling and organic collection services.
L. “Designated green materials” (or “green materials”) means materials that are required to be separated from garbage and designated recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Green materials include, but are not limited to: yard trimmings, grass, weeds, leaves, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste. Green material excludes food scraps and paper contaminated with food scraps.
M. “Designated organic recyclable materials” (or “organic recyclable materials”) means materials that are required to be separated from garbage and designated recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Organic r ecyclable materials include, but are not limited to: yard trimmings and food scraps such as green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types of organic yard waste, vegetable waste, fruit waste, dairy waste, meat waste, fish waste, paper products and food-soiled paper products and/or as otherwise specified by the public works director and/or his or her designee.
N. “Designated recyclable materials” (or “recyclable materials”) means materials that are required to be separated from garbage and designated organic recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Recyclable materials incl ude, but are not limited to: clean cardboard, paper, plastic, scrap metal, beverage containers, and clean (untreated and unpainted) wood.
O. “Designee” means a person or entity that the City Manager or Public Works Director designates, contracts with, or otherwise arranges to carry out any of the Jurisdiction’s responsibilities of this chapter authorized by 14 CCR Section 18981.2. A Designee may be a government employee or entity, a private entity, a Franchised Collector, or a combination of those entities.
P. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
Q. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
• A food bank as defined in Section 113783 of the Health and Safety Code; • A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,
• A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
R. “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
S. “Food Scraps” means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
T. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
U. “Food Waste” means Food Scraps and food soiled paper.
V. “Franchise” or “commercial franchise” means a commercial garbage, organics and recyclables collection franchise issued to a commercial hauler by the city of Rancho Cordova.
W. “Franchisee” or “franchised waste hauler” means a person or entity holding a commercial or residential franchise issued by the city pursuant to Chapter 6.20 RCMC.
X. "Garbage" means those elements of the Solid Waste stream designated for the “Garbage Container”, and excludes hazardous waste, Excluded Waste, materials designated for the “Organics Container” or “Recycling Container” or materials which have been separated for reuse.
Note: The distinction between garbage and solid waste is that solid waste includes garbage, recyclable materials, and organic recyclable materials while “garbage” does not.
Y. “Garbage Container” has the same meaning as “Gray Container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Garbage.
Z. “Generator” means each single family, business or multifamily residential property that is responsible for the initial creation of Garbage, Organic Waste or Recyclable Materials AA. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
BB. “Multifamily residential property” means five or more individual living units located on a single parcel of land and any mobile home park located within the city.
CC. “National contracts” means contracts between waste management companies and mult i-sited waste-generating companies that operate currently throughout the United States, in more than one state.
DD. Organics Container” has the same meaning as “Green Container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Recyclable Material designated for Compost processing, including Food Waste and landscape and pruning waste accepted in the City’s Organic Waste Collection program, and other organic materials as determined by the City as acceptable for the Organics Container EE. “Organic Waste or Organic Recyclable Material” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, Food Scraps, food soiled paper, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Organic Waste does not include Rigid Compostable Plastic.
FF. “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Recyclable Material, or as otherwise defined in 14 CCR Section 18982(a)(48).
GG. “Owner” means the person who owns a business or multifamily residential property. An owner may a lso be a generator.
HH. “Person” means an individual, firm, limited liability company, association, partnership, industry, public or private corporation, or any other entity whatsoever.
II. “Public works director” means the public works director of the city of Rancho Cordova, California.
JJ. “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used o r reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
include transformation as defined in Section 40201 of the California Public Resources Code. The term “recycling” may be used to include source separated materials.
KK. “Recycling facility” means those facilities or operations that receive, process, and transfer to market recyclable materials or organic recyclable materials that have been source separated from the solid waste stream.
LL. “Recyclable material” or “recyclables” means materials that have been separated from the solid waste stream prior to disposal for the purpose of returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace, and that are not landfilled
. Recyclable material or recyclables includes those materials that can be placed in the Recycling Container including but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as determined by the City.
MM. “Recyclable materials container” or “Recycling Container” has the same meaning as “Blue Container” in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of s ource separated Recyclable Materials.
NN. “Recycling plan” means the plan to be presented to all covered generators by their franchised waste hauler to document understanding of the requirements of this chapter and record the selected compliance option for each designated recyclable material or each designated organic recyclable material.
OO. “Removal” means the act of taking garbage, recyclable materials, or organic recyclable materials from the place of generation.
PP. “SB 1383” means the Short-Lived Climate Pollutants: Methane Emissions: Dairy and Livestock: Organic Waste: Landfills Act of 2016. Article 4 Title 14, Division 4, Chapter 12 of the California Code of Regulations.
QQ. “Single-Family” means, of, from, or pertaining to any residential premises with fewer than five (5) units for the purposes of implementing this chapter.
RR. “Self-haul,” when used in reference to a covered generator, means a covered generator, or employee designated by the covered generator, who collects, transports and hauls recyclable materials and/or organic recyclable materials from the business or multifamily residential property in a vehicle owned by either an employee or the entity to a recycling facility rather than hiring a franchised waste hauler to perform this function. Self -hauler also includes a person who back-hauls waste.
1. “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment.
SS. “Service agreement” means a written agreement between a franchised waste hauler and a covered generator concerning the collection of designated recyclable materials and/or designated organic recyclable materials.
TT. “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. “Solid waste” does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code, or medical waste. “Solid waste” includes recyclable materials or organic recyclable materials set out for separate collection for the purposes of recycling and that are not landfilled.
WW. “Source separate” or “source separated” means the process of removing recyclable materials and/or organic recyclable materials from garbage for the purpose of recycling and/or organics recycling.
XX. “Subcontract” is a contract assigning some of the obligations of a contract to a third party.
YY. Tier 1 and Tier 2 Commercial Edible Food Covered Generators.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
1. “Tier one Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
a. Supermarket. “Supermarket” means a full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
b. Grocery Store with a total facility size equal to or greater than 10,000 square feet. c. Food Service Provider
d. Food Distributor. “Food Distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
e. Wholesale Food Vendor. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
2. “Tier two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
a. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on - premises or immediate consumption.
b. Hotel with an on-site food facility and 200 or more rooms. “Hotel” has the same meaning as in Section 17210(a) of the Business and Professions code.
c. Health Facility with an on-site food facility and 100 or more beds. “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code. d. Large Venue. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility.
For the purposes of this chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For the purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in t he site, is a single large venue.
e. Large Event. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
f. A state agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet.
g. A Local Education Agency with an on-site food facility. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste. [Ord. 17-2020 § 4 (Exh B)].
6.21.030 Threshold for Single Family, Commercial Business and Multifamily Property Generators .
A. Recycling Requirements. All single family, commercial business and multifamily residential property generators, and any other covered generators as defined in state law, must subscribe to a sufficient number of recyclable material containers to adequately store all source separated recyclable materials generated in connection with the residence or business between the times designated for collection from a franchised waste hauler unless ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
they receive alternative compliance and exemption from the city as provided for in RCMC 6.21.040. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter .
B. Organics Recycling Requirements. All single family, commercial business and multifamily residential property generators, and any other covered generators as defined in state law, must subscribe to a sufficient number of recyclable material containers to adequately store all source separated organic recyclable materials generated in connection with the residence or business between the times designated for collection and receive an adequate level of organic waste collection services from a franchised waste hauler unless they receive written approval of an alternative compliance and exemption from the city as provided for in RCMC 6.21.040. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter .
6.21.035 Education and Outreach Requirements for Commercial Business Owners and Multi-family Owners.
All Commercial Business Owners are required to:
A. Excluding Multi -Family Residential Dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the Recycl ing Container, Organics Container, and Garbage Container collection service.
B. Excluding Multi -Family Residential Dwellings, periodically inspect Recycling Containers, Organics Containers, and Garbage Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.
C. Including Multi -Family Residential Dwellings, annually provide information to employees, contractors, tenants, building residents, and customers about Organic Waste Recovery requirements and about proper sorting of Organic Waste and Recyclable Materials. A copy of such instructions shall be provided to the Public Works Director or Designee, upon request.
D. Including Multi-Family Residential Dwellings, provid e information before or within fourteen (14) days of new occupation of the Premises to new tenants and no less than fourteen (14) days before tenants move out of the Premises, unless a tenant does not provide fourteen (14) or more days’ notice to before moving out, that describes requirements to keep Organics Container Organic Waste and Recyclable Materials separate from each other and from Garbage, the location of containers, and the rules governing their use at the Premises.
E. Including Multi -Family Res idential Dwellings, prominently post and maintain one or more signs where Recyclable Materials and/or Organic Waste are collected and/or stored that set forth what materials are required to be Source Separated, in addition to collection procedures for such materials.
6.21.040 Additional Requirements for covered generators.
A. Any covered generator that does not subscribe to garbage, recyclable material, and organic waste collection services with the same franchised waste hauler is required to complete an “alternative compliance and exemption form” and have that form approved by the city in writing as a condition of receiving garbage collection service from a franchised waste hauler.
B. Each covered generator shall be responsible for ensuring and demonstrating its compliance with the following requirements:
1. Source separate designated recyclable materials and designated organic recyclable materials from garbage; ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
2. Provide a basic level of recycling and organics recycling services that includes, at a minimum, the collection of designated recyclable materials and/or designated organic recyclable materials;
3. Enter into a service agreement with the same franchised waste hauler for the collection of designated recyclable materials and designated organic recyclable materials; and
4. Complete and retain, on site, if applicable, the approved alternative compliance and exemption form, certifying that recycling and/or organic collection services are being provided by a franchised waste hauler if that franchised waste hauler is not also providing garbage service or certifying and receiving written approval from the public works director, and/or his or her designee, that all self-hauling activities will be completed in accordance with provisions in RCMC 6.21.120.
C. Multi family property owners shall provide for recyclable materials containers for designated recyclable and organic materials in multifamily residential rental units and in maintenance and work areas where recyclable materials may be collected and/or stored.
D. Each covered generator under AB 827, and all other applicable state law, shall provide recyclable materials containers for designated recyclable and organic materials where customers have access to the business. Each covered generator shall prominently post and maintain one or more signs where designated recyclable materials and/or designated organic recyclable materials are collected and/or stored that set forth what materials are required to be source separated in addition to collection procedures for such materials.
F. Commercial Business Owners and Multifamily Property Owners shall ensure that designated recyclable materials and/or designated organic recyclable materials generated at their site will be taken only to a recycling facility and not to a landfill for disposal by complying with all requirements under this chapter.
G. The service agreement, alternative compliance and exemption form, and/or other documents pertaining to this chapter, shall be available for inspection by the public works director, and/or his or her designee, at the principal location of the covered generator during normal business hours.
H. Nothing in this chapter shall abridge the right of any covered generator, or any other person, to sell or exchange at fair market value its own recyclable materials or organic recyclable materials which are source separated for reuse and recycling or organics recycling.
I. No franchised waste hauler shall be held liable for the failure of its customers to comply with such regulations.
J. No covered generator shall be liable for the failure of their franchised waste hauler to deliver designated recyclable materials or designated organic recyclable materials to a recycling or processing facility. [Ord. 17 -2020 § 4 (Exh B)].
6.21.050 Special requirements.
In addition to any and all requirements that apply to the recycling and/or organics recycling of designated recycla ble materials and/or designated organic recyclable materials throughout the city above, collection service received or provided in the city shall be subject to the following additional special requirements:
A. No recycling, automatic lift containers or bins within the collection area of the city shall be placed or located in such a manner that blocks or impedes passage through an alley or through any doorway of any building adjoining an alley, notwithstanding that such building may be abandoned or otherwise out of use.
B. Compliance with the above special requirements shall be the sole responsibility of the covered generator. [Ord. 17-2020 § 4 (Exh B)].
6.21.060 Designation of recyclable materials and organic recyclable materials.
Designated recyclable materials and/or designated organic recyclable materials shall be source separated from garbage before collection, removal, transportation or disposal pursuant to this chapter. The public works director, and/or his or her designee, shall specify designated recyclable materials and organic recyclable materials that must be source separated by all covered generators pursuant to RCMC 6.21.040. The specifications for designated ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
recyclable materials and designated organic recyclable materials shall consider materials market conditions and the availability of a cost-effective system for recycling such materials. [Ord. 17-2020 § 4 (Exh B)].
6.21.070 Ownership of recyclable materials and organic recyclable materials.
A. All designated recyclable materials and designated organic recyclable materials placed in automatic lift containers, bins or roll-off bins shall be considered owned by and be the responsibility of the franchised waste hauler. No person shall collect designated recyclable materials or designated organic recyclable materials placed in automatic lift containers, bins or roll-off bins for recyclable materials or organic recyclable materials by customers without permission from the franchised waste hauler.
B. Except as authorized by RCMC 6.21.120, Requirements for self-hauling, it shall be unlawful for any person to engage in the business of collecting, removing or transporting, or to otherwise organize, direct or sponsor the collection, removal or transportation of designated recyclable materials or designated organic recyclable materials who is not a franchised waste hauler. [Ord. 17-2020 § 4 (Exh B)].
6.21.080 Requirements for franchised waste haulers.
A. Commercial waste haulers shall be franchised pursuant to the provisions of Chapter 6.20 RCMC, and such franchise shall be in full force and effect.
B. Franchised waste haulers shall offer collection service and automatic lift containers, bins or roll- off bins for designated recyclable materials and designated organic recyclable materials sufficient to accommodate the quantity and types of designated recyclable materials and designated organic recyclable materials to all its garbage customers.
C. Franchised waste haulers shall equip and provide automatic lift containers, bins and roll -off bins for designated recyclable materials and designated organic recyclable materials with locks and/or other suitable features to prevent theft of recyclable materials and organic recyclable materials.
D. Franchised waste haulers may subcontract for collection of designated recyclable material and/or designated organic recyclable materials, so long as the subcontractor holds a current franchise.
E. Franchised waste haulers shall conduct all activities in accordance with all applicable state and local laws and best management practices. Vehicles, equipment and containers shall be kept in a clean and well -maintained condition.
F. Franchised waste haulers shall not take a customer’s designated recyclable materials or designated organic recyclable materials to a landfill or other disposal site, but to a recycling facility.
G. Franchised waste haulers, upon request, shall provide the public works director, and/or his or her designee, with a copy of a service agreement, recycling plan, alternative compliance and exemption form, or other document (e.g., receipt from a recycling facility) demonstrating that the covered generator’s designated recyclable materials and/or designated organic recyclable materials are being taken to a recycling facility. The service agreement, recycling plan, alternative compliance and exemption form, or other documents shall be available for inspection by the public works director, and/or his or her designee, at the franchised waste haulers’ place of business during normal business hours.
H. City staff may audit all franchised waste haulers’ records.
I. Franchised waste haulers shall not provide garbage collection services to a business or multifamily residential property covered generator unless that business or multifamily property covered generator is also receiving both recyclable material and organics recyclable material collection services from the same franchised waste hauler providing garbage service; or
1. Unless the franchise waste hauler has received a completed alternative compliance and exemption form from the business or multifamily residential covered generator; and
2. The city has received and provided the covered generator with written approval of its alternative compliance and exemption form request and notified the franchised waste hauler in writing of any such approval.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
J. Franchised waste haulers are required to submit all completed alternative compliance and exemption forms to the city for review which will be due on the tenth of each month for the previous reporting month.
K. Franchised waste haulers are required to maintain a list of any and all businesses and multifamily properties that the franchised hauler is providing garbage collection services to but is not also providing recycling and organic collection services (non full-service account list). Franchised haulers shall provide a current non full-service account list to the city, which will be due on the tenth of each month for the previous reporting month.
L. Franchised waste hauler shall be required to meet full compliance with requirements pursuant to RCMC 6.21.090 by a date set by the public works director and/or his or her designee. Franchised waste hauler shall receive written notification of such terms. [Ord. 17-2020 § 4 (Exh B)].
M. Franchised hauler shall meet the following requirements and standards in connection with collection of Organic Waste and Recyclables:
1. Through written notice or written report to the City , Franchised hauler shall annually identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Organic Waste.
2. Transport Source Separated Recyclable Materials to a facility that recycles those materials and transport Source Separated Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
3. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.
6.21.090 Requirements for service agreements.
A. Franchised waste haulers shall execute a written service agreement with all covered generators as required in RCMC 6.21.040 before the franchised waste hauler begins to collect garbage and/or designated recyclable materials and/or designated organic recyclable materials.
B. Service agreements shall incorporate, but are not limited to, the following terms and conditions:
1. Be clearly labeled as a service agreement.
2. Describe the garbage and/or recyclable material and/or organics recyclable material collection services to be provided by the franchised waste hauler and the cost for providing such services to the customer.
3. Clearly state the initial term and renewal terms.
4. Include the condition, as applicable, that the franchised waste hauler cannot provide garbage collection services to a covered generator unless:
a. The business or multifamily property covered generator is also receiving both recyclable materials and organics recyclable waste collection services from the franchised waste hauler; or b. The city has received and provided the covered generator with written approval of its alternative compliance and exemption form request.
5. May contain automatic renewal for successive periods of no longer than one year, unless either party gives written notice of termination by certified or registered mail at least 60 days prior to the termination date of the current agreement.
6. May be amended as mutually agreed upon by the customer and the franchised waste hauler.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
7. Customers are to receive a written notice of price increases not less than 30 days prior to the effective date of such price increase.
8. Franchised waste haulers shall respond to customer inquiries regarding the service agreement within 30 days.
9. Include language stating that collection containers will be removed from the property of a customer within 30 days of final termination of services to the customer.
10. Not require customers to pay over three months’ liquidated damages during the renewal term and over six months’ liquidated damages during the initial term of the service agreement.
11. Not require a customer to give a franchised waste hauler the exclusive right to provide recycling collection services or the exclusive right to provide organics recyclable material collection services as a condition of a service agreement, unless the customer affirmatively indicates that is its desire.
12. Not require customers to give notice of any offer by a competitor or require customers to give franchised waste haulers the right to respond to such an offer.
13. Franchises must be in full force and effect for the service agreement to be effective.
C. The requirements for service agreements contained in this section shall be incorporated into all new service agreements upon enactment of this chapter. Existing service agreements between a franchised waste hauler and a customer executed before the effective date of the ordinance codified in this chapter shall remain in force for the remainder of the existing contract and shall be governed by the terms and conditions specified in the existing service agreement; provided, that such existing service agreements shall comply, to the extent allowable by law, with the new recycling and organics recycling programs established by this chapter.
D. National contracts or agreements are exempt from the requirements of contract length and renewal terms. [Ord. 17-2020 § 4 (Exh B)].
6.21.100 Process for addressing covered generator noncompliance.
In the event that the franchised waste hauler must stop providing garbage collection service to a covered generator due to the covered generator’s noncompliance with this chapter the franchised waste hauler shall take the following steps:
A. Issue a written “service termination notice” to the noncompliant commercial generator stating that the franchi sed waste hauler shall terminate garbage collection services within 14 days of providing that service termination notice to the business or multifamily residential property. That “service termination notice” shall clearly state that it is mandatory for the business or multifamily residential property to subscribe to garbage, recyclable material and organic recyclable material collection service as required by RCMC 6.21.040.
B. Notify the city by email no more than seven business days and no less than two business days before collection service is suspended for all carts, bins and/or containers from the business or multifamily residential property.
C. Suspend collection service of all carts and/or containers from the business or multifamily residential proper ty that has not complied within 14 days of receiving the service termination notice.
D. Notify the public works director, and/or his or her designee, in person or by telephone within 24 hours after suspending collection service of all garbage carts and/or containers from the business or multifamily residential property.
E. Send a follow-up email that has been confirmed by the franchised waste hauler to be received by the public works director, and/or his or her designee, by the end of the next business day the name and address of the covered generator that the franchised waste hauler has suspended collection service of all garbage carts and/or containers to. [Ord. 17-2020 § 4 (Exh B)].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
6.21.110 Requirements for multifamily residential properties.
A. Multifamily residential tenants shall be responsible for compliance with the requirement to source separate designated recyclable materials and/or designated organic recyclable materials from garbage pursuant to RCMC
6.21.040(B)(1).
B. No multifamily residential property owner who is a covered generator pursuant to RCMC 6.21.020(J) shall be cited for noncompliance with this chapter as a result of the failure of his or her rental property tenants to source separate designated recyclable materials or designated green materials and/or organic recyclable materials from garbage pursuant to RCMC 6.21.040.
C. Multifamily residential property owners who are covered generators pursuant to RCMC 6.21.020(J) shall be responsible for compliance with RCMC 6.21.030, 6.21.035, and 6.21.040.
D. Every multifamily residential unit shall have a recyclable materials container provided by either the multifamily residential property owner who is a covered generator pursuant to RCMC 6.21.020(J), or by the multifamily tenant as part of their rental agreement. [Ord. 17-2020 § 4 (Exh B)].
6.21.115 Commercial Edible Food Generator Requirements.
A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3, or such later deadline established by State law or regulations.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities, operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024, or such later deadline established by State law or regulations.
C. Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to safely recover for human consumption the maximum amount of Edible Food that would otherwise be disposed.
(2) Enter into a contract or other written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection for Food Recovery of Edible Food that would otherwise be disposed; or (ii) acceptance of Edible Food that would otherwise be disposed that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Use best efforts to abide by all contractual or written agreement requirements specified by the Food Recovery Organization or Food Recovery Service on how Edible Food should be prepared, packaged, labeled, handled, stored, distributed or transported to the Food Recovery Organization or Service.
(4) Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code. (5) Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(6) Allow the Enforcement Officer to review records upon request, including by providing electronic copies or allowing access to the Premises.
(7) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(a) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
(b) A copy of all contracts and written agreements between the Commercial Edible Food Generator and a Food Recovery Service or organization.
(c) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self- hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self- hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(8) If it has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Service, a rec ord that describes (i) its direct donation of Edible Food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus Edible Food that it can donate.
(9) Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators shall provide, upon request, a Food Recovery report to the Enforcement Officer that includes the information in C(7)(c). Entities shall provide the requested information within sixty (60) days of the request.
D. Nothing in this chapter shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017; or (2) otherwise applicable food safety and handling laws and regulations.
E. Nothing in this chapter prohibits a Commercial Edible Food Generator from donating Edible Food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a).
6.20.116 Food Recovery Organizations and Services Requirements.
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people. (3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. (4) The name, address, and contact information for each Food Recovery Organization to which the Food Recovery Service transports Edible Food for Food Recovery.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people. (3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators shall report to the City, or its Enforcement Officer, the total pounds of Edible Food recovered from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with (regardless of whether those Generators are located in the City) according to the following schedule:
(i) no later than April 31, 2023, and no later than every April 31 thereafter, submit a report covering the period of January 1 to December 31 of the previous calendar year.
D. In order to support Edible Food Recovery capacity planning assessments and similar studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide, upon request, information and consultation to the City and/or the County, regarding existing, or proposed new or expanded, Food Recovery capacity in a form that can be provided to or that can be accessed by the County, the City and Commercial Edible Food Generators in the City. A Food Recovery Service or Food Rec overy Organization shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified.
6.21.120 Requirements for self-hauling.
A. A covered generator may haul or transport designated recyclable materials and/or designated organic recyclable materials generated and collected at its business or multifamily residential property to a recycling facility that diverts material from disposal, rather than hiring a franchised waste hauler, only if an owner, generator or employee of the entity completes this activity by utilizing a vehicle owned by either an employee or the entity has also submitted an alternative compliance form to the city and received written approval for self-hauling activities.
Self haulers must Source Separate their Recyclable Materials and Organic Waste generated on- site from Solid Waste in a manner consistent with this section or haul Organic Waste to a High Diversion Organic Waste Processing Facility.
Self haulers must haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste or t o a High Diversion Organic Waste Processing Facility; and haul their Garbage to a fully permitted Solid Waste facility.
B. Business and multifamily covered generators pursuant to RCMC 6.21.020(J) that self- haul or transport designated recyclable materials and/or designated organic recyclable materials shall follow established provisions pursuant to RCMC 6.21.040(A) and 14 CCR Section 18988.3.
C. A covered generator that self-hauls or transports designated recyclable materials and/or designated organic recyclable materials collected at its business or multifamily residential property to a recycling facility without the utilization of a franchised waste hauler must complete and retain on site an approved alternative compliance and ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
exemption form certifying all self-hauling activities will be completed in accordance with the provisions of all applicable laws or regulations of this chapter and 14 CCR Section 18988.3. The alternative compliance and exemption form shall be made available to the public works director, and/or his or her designee, upon request. At a minimum, the covered generator shall provide the following information on the alternative compliance and exemption form and also keep records containing the following information.
1. The name, address and telephone number of the covered generator that is signing the self-haul form.
2. A list of the types of recyclable materials and/or organic recyclable materials being self -hauled.
3. Delivery receipts and weight tickets from the entity accepting the waste.
4. The amount of material in cubic yards or tons transported by the Generator to each entity. (a) If the material is transported to an entity that does not have scales on- site or employs scales incapable of weighing the Self- Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self -Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
5.. For each type of recyclable material and/or organic recyclable material, the amount that is being taken from the business and multifamily residential property to a recycling facility quarterly.
6. The name and address of the recycling facility(ies).
7. A written statement signed by the business or multifamily residential property owner or generator certifying that the owner or generator agrees to comply with the requirements of this chapter.
D. The public works director, and/or his or her designee, may restrict or prohibit self -hauling by a person if the public works director, and/or his or her designee, determines, after providing 30 days’ written notice and an opportunity for a hearing, that the person’s self-hauling activities violate the provisions of this chapter or any other applicable law or regulation.
E. Self-Haulers, which are Commercial Businesses including Multi-Family Residential Dwellings, shall keep records of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste for a minimum of five (5) years; this record shall be subject to inspection by the City.
F. Self-Haulers that are Commercial Businesses including Multi- Family Residential Dwellings shall provide these records, upon request, to the Public Works Director or Designee. Self-Haulers shall provide the requested information within sixty (60) days.
G. Landscapers, who self-haul Organic Waste generated at a customer’s site, must also meet the requirements in this section.
H. A Single-Family Organic Waste Generator that self -hauls Organic Waste is not required to record or report this information.
I. The public works director, and/or his or her designee, will notify the covered generator that self- hauls if the alternative compliance and exemption form has been approved within 14 days of receiving the submitted request. [Ord. 17-2020 § 4 (Exh B)].
6.21.125 SB 1383 regulatory compliance.
Organic waste generators, franchised waste haulers, and all other entities subject to the requirements of SB 1383 shall fully comply with all applicable SB 1383 regulatory requirements or be subject to the penalties as prescribed in Section 18997.2 of SB 1383 or RCMC 6.21.230 as determined by the public works director and/or his or her designee. [Ord. 17-2020 § 4 (Exh B)].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
6.21.130 Reporting.
A. Franchised waste haulers’ failure to file the reports required by this chapter or by the franchise agreement shall constitute cause for termination or suspension of its franchise pursuant to Chapter 6.20 RCMC.
B. Unless otherwise required by the franchise agreement, self-haulers shall prepare quarterly reports to be kept on site identifying, at a minimum, the following:
1. The recyclable materials and organic recyclable materials tonnage collected and removed within the city region during the previous quarter.
2. The location of the recycling facility(ies) to which the recyclable materials and organic recyclable materials were taken during the previous quarter.
C. Unless otherwise required by the franchise agreement, franchised waste haulers shall prepare quarterly reports as designated by the public works director and/or his or her designee.
D. Unless otherwise required by the franchise agreement, franchised waste haulers shall prepare monthly reports as required pursuant to RCMC 6.21.080(J) and (K).
E. The public works director, and/or his or her designee, shall provide and establish guidelines, forms and other appropriate materials to assist franchised waste haulers and self-haulers in preparing the reports required by this chapter. [Ord. 17-2020 § 4 (Exh B)].
6.21.140 Exemptions from recycling standards.
A. Notwithstanding any other provision herein, a covered generator shall not be required to source separate recyclable materials and/or organic recyclable materials if the business or multifamily residential property, owner or generator, demonstrates to the public works director, and/or his or her designee, that there is no collection service or other system available for recycling such material.
B. Notwithstanding any other provision herein, a covered generator shall be exempt from the recycling and/or organics recycling requirements in RCMC 6.21.040 if all of the generators on the owner’s business or multifamily residential property are exempt from or not required to comply with the provisions of RCMC 6.21.040, or if designated recyclable materials and/or designated organic recyclable materials are not being generated by any activities occurring on the covered generator’s property. Documentation to that effect will be required as described in C.2 and 3.
C. Covered commercial and multi-family generators may be exempted by the public works director, and/or his or her designee, if it is determined through a site visit or other means of verification:
1. That the premises lacks adequate space for any of the recycling or organic waste containers. If the public works director and/or his or her designee determines that it is feasible for recycling and/or organic collection containers to be placed on site or shared with an adjoining generator, the covered generator will be responsible for compliance with this chapter; The commercial or multi-family generator requesting an exemption must provide documentation with the application for an exemption that the premises lacks adequate space for Recycling Containers and/or Organics Containers, which shall include documentation from its licens ed contractor, licensed architect, licensed engineer, or other person authorized by the public works director and/or his or her designee.
2. That the covered generator’s total solid waste generation is two cubic yards or more per week and organic waste subject to collection in a blue recycling container or green organics container comprises less than 20 gallons per week of the covered generator’s solid waste; or
3. That the covered generator’s total solid collection service is less than two cubic yards per week and total organic waste generation subject to collection in a blue container or green container is less than 10 gallons per week of the covered generator’s total solid waste.
D. Covered generators may be exempted by the public works director, and/or his or her designee, from the regulatory requirements of AB 341, AB 1826 and/or SB 1383, or any other applicable state law; provided, that the ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
business or multifamily residential property covered generator has submitted an alternative compliance and exemption form with the requested documentation to the city and the city has provided the covered generator with written approval of its exemption request.
E. City-issued exemptions from the regulatory requirements of AB 341, AB 1826 and/or SB 1383, or any other applicable state law, shall be valid for no more than two years unless the city authorizes an extension of that two- year waiver period.
F. The following persons shall automatically be exempt from the requirements of this chapter:
1. The United States, state of California, a city, a county, a special district or other local public agency, or any employee or member of the armed forces thereof, when collecting or transporting designated recyclable materials produced by operation of the public entity under a system of recyclable materials collection and transportation operated and maintained by the public agency within the city region as specified herein and in Chapter 6.20 RCMC.
2. Municipal corporations and other governmental agencies using their own vehicles and employees engaged in the collection, transportation or disposal of designated recyclable materials within the city. [Ord. 17 -2020 § 4 (Exh B)].
6.21.150 City rules and regulations.
A. The public works director, and/or his or her designee, is authorized to make and enforce administrative rules and regulations governing recycling and organics recycling at businesses and multifamily residential properties, and all related activities including recycling and commercial solid waste generation, storage, recovery, accumulation, collection, removal, transportation and disposal; the manner in which commercial garbage, recycling and organics recycling services are provided; types of commercial garbage, organics and recycling containers and vehicles used for the operation and maintenance of sanitary methods of commercial garbage, recycling and organics recycling disposal; reporting requirements for franchised waste haulers and self -haulers; and for the effective administration of this chapter. All such rules and regulations shall be consistent with the provisions of the city code and shall be effective on the thirtieth day following the filing of any such rules and regulations with the city clerk.
B. The city council may, and is hereby empowered to, grant to a qualified applicant a nonexclusive franchise to engage in the business of collecting, transporting or disposing of commercial garbage, recyclable materials or organic recyclable materials kept, accumulated or generated in the city region.
C. The city council may grant a franchise based on compliance with this chapter. Any grant of a franchise by the city council may be subject to such terms, conditions, rules, regulations, restrictions, and limitations, as the city council deems necessary to protect the public health, safety, or welfare.
D. The city council hereby empowers and grants to the public works director, and/or his or her designee, the authority to grant commercial nonexclusive collection service agreements (commercial nonexclusive franchisees) to franchised waste haulers, to specify designated recyclable materials and designated organic recyclable materials and make administrative rules and regulations governing covered generators.
E. The city council hereby empowers and grants to the public works director, and/or his or her designee, the authority to administer, implement and enforce this chapter and administrative rules and regulations governing business and multifamily residential property recycling and organics recycling thereafter.
F. It shall be unlawful and constitute a violation of this chapter for any person to violate or otherwise fail to comply with any rule or regulation issued pursuant to this chapter. [Ord. 17-2020 § 4 (Exh B)].
6.21.160 Rights reserved to city.
In addition to all other rights reserved to the city, the following shall apply:
A. There is hereby reserved to the city every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful code, title or resolution of the city, whether enacted before or after the effective date of the ordinance codified in this chapter.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
B. Neither the granting of any franchise, nor any provision of any franchise, shall consti tute a waiver of or a bar to exercise of any governmental right or power of the city.
C. The grantee receiving any type of franchise agreement shall have no recourse whatsoever against the city, its officers, employees or agents, or any of the city member entities, their officers, employees, or agents for any loss, cost, expense or damage arising out of any provision or requirement of this chapter because of the enforcement of this chapter.
D. There is hereby expressly reserved to the city the power and authority to amend any section of this chapter so as to require additional or greater standards on the part of the franchised waste hauler, commercial hauler or covered generator. [Ord. 17-2020 § 4 (Exh B)].
6.21.170 Administration and costs.
A. The administration of this chapter is the duty of the public works director and/or his or her designee. The public works director, and/or his or her designee, is authorized and directed by the city council to administer this chapter.
B. Commercial franchise fees will fund administration, implementation and enforcement costs. [Ord. 17 -2020 § 4 (Exh B)].
6.21.180 Unlawful acts.
A. It shall be unlawful to combine designated recyclable materials and organic recyclable materials with garbage.
Failure of covered generators to source separate designated recyclable materials or organic recyclable materials for recycling or organics recycling is a violation of this chapter.
B. It shall be unlawful for franchised waste haulers to commingle materials in garbage bins or carts with materials in recycling bins or carts in one collection vehicle.
C. It shall be the responsibility of the covered generator whose garbage was not removed because it contained designated recyclable materials to properly separate designated recyclable material s from the uncollected solid waste for proper recycling. Allowing such unseparated garbage to accumulate will be considered a violation of this chapter. [Ord. 17-2020 § 4 (Exh B)].
6.21.190 Implementation and enforcement.
The implementation and enforcement of this chapter is the duty of the public works director, and/or his or her designee, of the city’s department of public works. The public works director, and/or his or her designee, is authorized and directed by the city council to implement and enforce this chapter. [Ord. 17 -2020 § 4 (Exh B)].
6.21.200 Posting of notices.
A. The public works director, and/or his or her designee, may post notices on automatic lift containers, bins and roll - off bins that are used for garbage collection and the collection of designated recyclable materials, and the collection of designated organic recyclable materials, within the city if the owner of the automatic lift containers, bins and roll - off bins is in violation of this chapter, including, but not limited to, any regulation, franchise requirement, permit, information request, order, variance, or other requirement that the public works director, and/or his or her designee, is authorized to enforce or implement pursuant to this chapter.
B. A notice shall remain on automatic lift containers, bins and roll-off bins that are used for garbage collection within the city so long as the owner of the automatic lift containers, bins and roll -off bins is in violation of this chapter. The notice shall be posted on the automatic lift container, bin, and/or roll- off bin so as to be clearly visible to the general public and include all of the following information:
1. The date the notice was posted on the container.
2. The address or location of the property, including the identification of any dwelling unit, room number, apartment number, business or multifamily residential property.
3. The name and contact telephone number of the agency posting the notice on the property.
4. The city code section that has been violated.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
5. A statement that it is unlawful for any person to engage in the business of collecting, transporting or disposing of commercial garbage kept, accumulated or generated in the city, or to engage in the business of soliciting accounts or invoicing customers for commercial garbage service in the city unless a franchise has first been granted pursuant to the provisions of this chapter and such a franchise is in full force and effect.
C. A statement that a person violating the posted notice is subject to criminal penalties pursuant to city code and administrative civil penalties in an amount of up to $1,000 per day for each violation.
D. A statement that a person disturbing or destroying the posted notice is subject to administrative civil penalties in an amount of up to $1,000, in addition to any other remedies provided by this chapter. [Ord. 17 -2020 § 4 (Exh B)].
6.21.210 Notice of violation.
The public works director, and/or his or her designee, may issue a notice of violation to any person found to be in violation of a provision of this chapter, including, but not limited to, any regulation, franchise requirement, permit, information request, order, variance, or other requirement that the public works director and/or his or her designee, is authorized to enforce or implement pursuant to this chapter. Issuance of a notice of violation may also result in the issuance of a notice of administrative enforcement order pursuant to this chapter. [Ord. 17- 2020 § 4 (Exh B)].
6.21.220 Notice of violation – Content.
A. In addition to any other content, a notice of violation shall contain the following elements:
1. A statement of the public works director, and/or his or her designee, that indicates a violation has occurred.
2. A citation of the provisions of this chapter, including any regulation, franchise requirement, permit, information request, order, variance, or other requirement that has been violated.
3. A date by which any person must be in compliance with this chapter including any regulation, franchise requirement, permit, information request, order, variance, or other requirement, or a date by which an action plan must be submitted by the person to propose a means and timeframe by which to correct violations. The public works director, and/or his or her designee, may extend the compliance date when good cause exists for such an extension.
4. Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.
5. Notification that the city may recover any costs incurred by the city as a result of the violation.
6. Notification that a violation of this chapter may result in an administrative civil penalty or in criminal penalties.
7. Notification that the correction of any alleged violation(s) within the specified deadline date(s) will not necessarily prevent the public works director, and/or his or her designee, from issuing an administrative enforcement order and imposing administrative civil penalties relating to the alleged violation(s).
B. In addition to any other content, a notice of violation may establish required corrective actions, including the following:
1. Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:
a. Cessation of prohibited actions.
b. Correction of prohibited conditions.
c. A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter.
d. Reporting requirements to demonstrate ongoing compliance.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
2. A requirement that the person receiving same shall submit written certification to the public works director, and/or his or her designee, that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including but not limited to receipts, contracts, or photographs.
3. Any other terms or conditions reasonably calculated to prevent additional violations of this chapter.
C. An administrative enforcement order may be issued separately, but only after issuance of a notice of violation, or in combination with a notice and order, for the same violations or set of related violations. [Ord. 17- 2020 § 4 (Exh B)].
6.21.230 Administrative enforcement order.
A. If the public works director, and/or his or her designee, determines that a person, covered generator, or franchised waste hauler has committed or is committing a violation of any provision of this chapter, the public works director, and/or his or her designee, may issue an administrative enforcement order, after issuing a notice of violation or, in combination with a notice of violation, requiring that the violation be corrected and imposing an administrative penalty.
B. Pursuant to this chapter, the violator shall be liable for a penalty of not more than $1,000 for each day on which each violation occurs and/or continues. [Ord. 17-2020 § 4 (Exh B)].
6.21.240 Administrative enforcement order – Content.
A. In addition to any other content, an administrative enforcement order shall contain the following elements:
1. A statement of the public works director, and/or his or her designee, that indicates a violation has occurred.
2. A citation of the provision of this chapter including any regulation, franchise requirement, permit, information request, order, variance, or other requirement that has been violated.
3. A date by which any person must be in compliance with this chapter, or a date by which an action plan must be submitted by the person to propose a means and timeframe by which to correct violations. The public works director, and/or his or her designee, may extend the compliance date when good cause exists for such an extension.
4. Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.
5. Notification that the city may recover any costs incurred by the city as a result of the violation.
6. Notification as to whether an administrative civil penalty is imposed and the terms and conditions of payment, if any. In establishing the penalty amount, the public works director, and/or his or her designee, shall take into consideration:
a. The nature, circumstances, extent, and gravity of the violation. b. The violator’s past and present efforts towards compliant behavior. c. The violator’s ability to pay the penalty.
d. The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.
7. Notification that the correction of any alleged violation(s) within the specified deadline date(s) will not necessarily prevent the public works director, and/or his or her designee, from issuing an administrative enforcement order and imposing administrative civil penalties relating to the alleged violation(s).
8. Notification that the recipient has a right to a hearing on the matter as set forth in RCMC 6.21.280 to appeal any findings or required corrective actions established by the public works director and/or his or her designee.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
9. Notification of procedures for requesting a hearing established according to RCMC 6.21.260.
B. In addition to any other content, an administrative enforcement order may establish required corrective actions, including the following:
1. Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:
a. Cessation of prohibited actions.
b. Correction of prohibited conditions.
c. A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter.
d. Reporting requirements to demonstrate ongoing compliance.
2. A requirement that the person receiving same shall submit written certification to the public works director, and/or his or her designee, that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including, but not limited to, receipts, contracts, or photographs.
3. Any other terms or conditions reasonably calculated to prevent additional or ongoing violations of this chapter.
C. A notice of violation or an administrative enforcement order may be issued separately or in combination with another notice or order for the same violations or set of related violations. [Ord. 17- 2020 § 4 (Exh B)].
6.21.250 Delivery of notice or order.
Any notice of violation, permit revocation, administrative enforcement order or other enforcement action pursuant to the requirements of this chapter shall be subject to the following requirements:
A. Delivery shall be deemed complete upon either personal delivery to the recipient or by certified mail.
B. Where the recipient of the notice or order is the owner of the premises, the address for notice or order shall be the address from the most recently issued equalized assessment roll for the premises.
C. Where the owner or occupant of any premises cannot be located after reasonable efforts of the public works director, and/or his or her designee, the notice or order shall be deemed delivered after posting on the premises for a period of 10 business days. [Ord. 17-2020 § 4 (Exh B)].
6.21.260 Administrative appeals.
A. Hearing Request. Any person, owner or operator served with a notice of violation or an administrative enforcement order issued pursuant to this chapter may contest the order on the basis that there was no violation of this chapter or that he or she is not the responsible party. To contest the order, the person shall submit a request for hearing form to the city within 15 days from the date of the administrative enforcement order. Directions on how to obtain the request form will be provided on the order.
B. Filing Fee. The completed request must be submitted together with a filing fee, established and amended from time to time by the public works director, and/or his or her designee, based on actual expense to conduct the hearing by the hearing officer.
C. Notice of Hearing. The person, owner or operator requesting the hearing shall be notified of the time and place set for the hearing at least 10 days before the date of the hearing.
D. Additional Reports. If the public works director, and/or his or her designee, submits an additional written report concerning the administrative enforcement order to the hearing officer for consideration at the hearing, then a copy ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
of this report also shall be provided to the person requesting the hearing at least five days bef ore the date of the hearing. [Ord. 17-2020 § 4 (Exh B)].
6.21.270 Hearing officer.
Pursuant to RCMC 1.05.200, a hearing officer will be assigned the responsibility of conducting a hearing by the city manager. The city manager shall be authorized to assign hearing responsibilities from time to time to any person or persons, qualified by training or experience, whom the city manager may appoint, employ or who are retained by contract to conduct such hearings. [Ord. 17-2020 § 4 (Exh B)].
6.21.280 Hearing procedure.
A. Setting the Hearing. A hearing before the hearing officer shall be set for a date that is not less than 15 days nor more than 60 days from the date that the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing as soon as it is set, and at least 10 days before the hearing. If the public works director, and/or his or her designee, submits a written report concerning the notice or order to the hearing officer for consideration at the hearing, then a copy of the report shall be served on the person requesting the hearing at least five days before the hearing. No hearing shall be held unless the filing fee has been paid in advance under RCMC 6.21.260(B).
B. Failure to Appear. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.
C. At the Hearing. The administrative enforcement order and any additional report submitted by the public works director, and/or his or her designee, shall constitute prima facie evidence of the respective facts contained in those documents. At the hearing, the party contesting the citation shall be given the opportunity to testify and to present evidence concerning the citation.
D. Continuances. The hearing officer may continue the hearing and may request additional information from the public works director, and/or his or her designee, or the person receiving the administrative enfor cement order before issuing the decision. [Ord. 17-2020 § 4 (Exh B)].
6.21.290 Form and contents of decision – Finality of decision.
A. Following the hearing, the hearing officer shall issue an order in writing no later than 30 days from the date of the hearing, unless the time is waived by the parties. The order shall contain findings of fact and rationale appropriate to the violation and result, and a resolution of the essential issues raised, including the following:
1. Confirmation or denial of the occurrence of violations of this chapter that are alleged by the public works director and/or his or her designee.
2. Confirmation or rejection of any administrative civil penalty sought by the public works director, and/or his or her designee, and establishment of the monetary amount of any administrative civil penalty to be enforced.
3. Confirmation, amendment, or rejection of required corrective actions related to compliance with this chapter that are imposed by the public works director, and/or his or her designee, but only if those requirements are appealed by the person.
B. The hearing officer’s order shall uphold required corrective actions if the person fails to show clear and convincing evidence that the required corrective actions are unreasonable or unnecessary for achieving or demonstrating ongoing compliance with this chapter. The hearing officer’s order may amend or reject required corrective actions; provided, that compliance with this chapter will be achieved.
C. The hearing officer’s order shall inform the person that failure to comply with the hearing officer’s order shall constitute a misdemeanor and is subject to additional enforcement action, including criminal penalties and additional civil and administrative penalties.
D. The hearing officer’s order shall inform the person that the time and manner by which a person may file a challenge to the hearing officer’s order is governed by Section 53069.4 of the California Government Code or any successor provision thereto.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
E. The order issued by the hearing officer pursuant to this chapter shall be effective upon issuance. The decision of the hearing officer is final and may not be appealed. [Ord. 17-2020 § 4 (Exh B)].
6.21.300 Procedures for collection of administrative civil penalty.
A. Any administrative penalty due shall be paid to the city within 30 days after the hearing officer’s decision is issued. If the penalty is not timely paid, the public works director, and/or his or her designee, may pursue all reasonable and legal means in collecting those sums authorized and due.
B. All administrative civil penalties collected from actions brought pursuant to this chapter shall be paid to the public works director, and/or his or her designee, enforcing this chapter, and shall be deposited into a special account that shall be expended to fund the activities of the department to implement the applicable provisions of this chapter. [Ord. 17-2020 § 4 (Exh B)].
6.21.310 Actions not prohibited.
This chapter does not do any of the following:
A. Otherwise affect the authority of the public works director, and/or his or her designee, to take any other action authorized by any other provision of law.
B. Restrict the power of a city attorney, district attorney, or the Attorney General to bring, in the name of the pe ople of California, any criminal proceeding otherwise authorized by law.
C. Prevent the public works director, and/or his or her designee, from cooperating with, or participating in, proceedings specified in subsection (B) of this section. [Ord. 17-2020 § 4 (Exh B)].
6.21.320 Penalties.
In addition to the administrative penalties imposed by RCMC 6.21.230, the city may seek all other legal remedies available under state law and under this code, including, but not limited to, criminal sanctions. [Ord. 17- 2020 § 4 (Exh B)].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Title 10 VEHICLES AND TRAFFIC
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Title 10
VEHICLES AND TRAFFIC
Chapters:
10.04 Interpretation
10.08 Definitions
10.12 Enforcement
10.16 Signs and Signals
10.20 Pedestrians and Crosswalks
10.24 Parking Regulations
10.25 Preferential Residential Permit Parking Program
10.30 Human Habitation of Vehicles
10.32 Miscellaneous Driving Rules
10.36 Emergency Vehicles
10.40 Truck Routes
10.41 Interstate Truck Terminals and Access Routes
10.44 One-Way Streets
10.48 Speed Zones
10.50 Reduced Speed Limits on Specific Streets
10.58 Off-Road Vehicles
10.62 Transit and School District Loading Zones
10.64 Trip Reduction Programs
10.66 Regulation of Cruising
10.70 Street Racing
Code reviser’s note: The various statutory provisions relating to vehicles and traffic appear in the Vehicle Code.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.04 INTERPRETATION
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 10.04
INTERPRETATION
Sections:
10.04.010 Short title.
10.04.020 Conviction of violation.
10.04.030 Scope.
10.04.040 Deputies.
10.04.050 Powers of the council.
10.04.060 Effect of resolution.
10.04.080 Penalty.
10.04.090 Minimum penalty.
10.04.100 Civil penalties, fines, fees, and charges for parking and related violations.
10.04.110 Civil penalty provisions.
10.04.010 Short title.
This title shall be known as, and may be cited as, the traffic ordinance. [Ord. 21 -2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 1, 1960].
10.04.020 Conviction of violation.
Any conviction for a misdemeanor under any ordinance repealed by the ordinance codified in this title, which misdemeanor is continued as a public offense by this title, constitutes a conviction under this title for any purpose for which it constituted a conviction under the act repealed. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 3, 1960].
10.04.030 Scope.
Any provision of this title which regulates traffic or delegates the regulation of traffic upon state highways in any way for which the approval of the State Department of Public Works is required by state law shall cease to be operative six months after receipt by the city council of written notice of withdrawal of approval of the State Department of Public Works.
Whenever this title delegates authority to a city officer or authorized action by the ci ty council to regulate traffic upon a state highway in any way which by state law requires the prior approval of the State Department of Public Works, no such officer shall exercise such authority nor shall such action by the city council be effective with respect to any state highway without the prior approval in writing of the State Department of Public Works when and to the extent required by the Vehicle Code. [Ord. 38-2007 § 1 (Exh. 1(G)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 725 § 4, 1961; SCC 703 § 4, 1960].
10.04.040 Deputies.
Whenever, by the provisions of this title, a power is granted to a public officer or a duty imposed upon such officer, the power may be exercised or duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 5, 1960].
10.04.050 Powers of the council.
The city council may exercise by resolution any rights, powers or authority granted to it by the provisions of the Vehicle Code where such provisions authorize the council to act by resolution. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 11, 1960].
10.04.060 Effect of resolution.
Any and all resolutions passed and adopted by the council or any administrative order given pursuant to the provisions of this title or pursuant to the provisions of the Vehicle Code affecting any matter covered in this title shall be deemed to be a part of this title and any violations of the provisions of such resolution or order shall be deemed to be a violation of this title to the same extent as if such resolution or order were fully set out herein. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 12, 1960].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.04 INTERPRETATION
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
10.04.080 Penalty.
Except as provided in RCMC 10.04.100 and 10.04.110, any person violating or failing to comply with any of the provisions of this title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable for the first offense by a fine of not to exceed $50.00, or by imprisonment in the county jail for a period not exceeding five days; for a second violation within a period of one year by a fine of not to exceed $100.00, or by imprisonment in the county jail for a period not exceeding 10 days, or by both such fine and imprisonment; for a third and each additional offense committed within one year by a fine of not exceeding $500.00, or by imprisonment in the county jail for a period of not to exceed six months, or by both such fine and imprisonment. [ Ord. 21-2003 §§ 2, 4; Ord. 20- 2003 §§ 2, 4; SCC 0919 § 1, 1993; SCC703 § 14, 1960].
10.04.090 Minimum penalty.
Except as provided in RCMC 10.04.100 and 10.04.110, in any case where a jail sentence is not imposed or where the jail sentence is less than two days, or if the jail sentence is suspended in whole or in part, a fine shall be imposed for a violation of this title in not less than the following amounts:
A. In any case, $1.00;
B. When it is necessary to issue a notice to the violator, $2.00; C. If it is necessary to issue a warrant to bring the violator into court, $10.00. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0919 § 2, 1993; SCC 703 § 15, 1960].
10.04.100 Civil penalties, fines, fees, and charges for parking and related violations.
A. Purpose. It is the intention of the city council of Rancho Cordova to provide a procedure pursuant to the authority granted the city council in Sections 40200 and 40203.5 of the California Vehicle Code for the establishment of a schedule of parking penalties for parking and related violations, late payment penalties, administrative fees, and other related charges for parking and related violations under the State of California Vehicle Code, the Rancho Cordova Municipal Code, or under any federal statute or regulation.
B. Procedure for Establishment. Subject to any limitations imposed by state law, the city council shall by resolution establish penalties, fines, fees, and related charges for parking and related violations, late payment violations, administrative fees and any other charges related to the administration of the provisions of Section 40200 et seq. of the California Vehicle Code. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0919 § 3, 1993].
10.04.110 Civil penalty provisions.
Any person violating or failing to comply with the provisions of RCMC 10.16.050(B), 10.24.010(A), 10.24.010(B),
10.24.010(C), 10.24.010(D), 10.24.010(E), 10.24.030(B), 10.24.040, 10.24.050, 10.24.060, 10.24.070(A),
10.24.070(B), 10.24.070(C), 10.24.070(D), 10.24.070(G), 10.24.070(H), 10.24.080, 10.24.090(D), 10.24.100,
10.24.110, 10.24.120, 10.24.130, 10.24.140, 10.24.160, 10.24.170(B), 10.24.175, 10.24.180, 10.32.050 or 10.32.060 shall be subject to civil penalties, fees, or charges, and procedures as set forth in the resolution adopted by the city council pursuant to RCMC 10.04.100. [Ord. 38-2007 § 1 (Exh. 1(G)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0919 § 4, 1993].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.08 DEFINITIONS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 10.08
DEFINITIONS
Sections:
10.08.010 Words defined in chapter.
10.08.020 Words defined in Vehicle Code.
10.08.030 Alley.
10.08.050 Bus loading zone.
10.08.055 City council.
10.08.060 Commercial vehicle loading zone.
10.08.070 Director.
10.08.080 Holidays.
10.08.090 Official time standards.
10.08.100 Park.
10.08.110 Parkway.
10.08.120 Passenger loading zone.
10.08.130 Taxi stands.
10.08.140 Vehicle Code.
10.08.010 Words defined in chapter.
Whenever in this title the words or phrases hereinafter defined are used, they shall have the meanings respectively ascribed to them in this chapter unless the context indicates to the contrary. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 16, 1960].
10.08.020 Words defined in Vehicle Code.
Whenever any words or phrases used in this title are not defined herein, but are now defined in the Vehicle Code, such definitions as now existing are incorporated herein and shall be deemed to apply to such words and phrases as used in this title as though set forth here in full. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 17, 1960].
10.08.030 Alley.
“Alley” means any highway as herein defined, unnamed, and having a width of 20 feet or less. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 18, 1960].
10.08.050 Bus loading zone.
“Bus loading zone” means the space adjacent to the curb or edge of a roadway reserved for the exclusive use of buses during the loading or unloading of passengers. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 20, 1960].
10.08.055 City council.
“City Council” means the City Council of the City of Rancho Cordova. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 19, 1960. Formerly 10.08.040].
10.08.060 Commercial vehicle loading zone.
“Commercial vehicle loading zone” means that space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers and materials marked and designated as hereinafter provided. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 21, 1960].
10.08.070 Director.
“Director” means the City of Rancho Cordova Public Works Director or his or her authorized representative. [Ord. 38-2007 § 1 (Exh. 1(G)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 962 § 1, 1967; SCC 703 § 22, 1960].
10.08.080 Highway.
"Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.08 DEFINITIONS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
10.08.090 Holidays.
For the purposes of this title, holidays shall be those days designated as legal holidays by the Government Code. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 23, 1960].
10.08.100 Official time standards.
Whenever certain hours are named herein they shall be standard time or daylight saving time as may be in current use in the City. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 24, 1960].
10.08.110 Park.
“Park” means to stop or allow to stand any vehicle, whether occupied or not, otherwise than in obedience to official traffic control devices or by direction of a police officer. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 25, 1960].
10.08.120 Parkway.
“Parkway” means those portions of a Highway other than a roadway or a sidewalk, whether improved or unimproved, primarily intended to serve as the dividing strip between opposing traffic lanes, or between sidewalks and curbs. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 26, 1960].
10.08.130 Passenger loading zone.
“Passenger loading zone” means that space adjacent to a curb reserved for the exclusive use of vehicles during loading and unloading of passengers marked and designated as hereinafter provided. [Ord. 21- 2003 §§ 2, 4; Ord. 20- 2003 §§ 2, 4; SCC 703 § 27, 1960].
10.08.140 Taxi stands.
“Taxi stands” means that space adjacent to a curb reserved for the exclusive use of taxicab vehicles licensed to operate by transporting people for hire. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 28, 1960].
10.08.150 Vehicle Code.
“Vehicle Code” means the California Vehicle Code. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 29, 1960].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.12 ENFORCEMENT
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 10.12
ENFORCEMENT
Sections:
10.12.010 Persons riding bicycles or animals.
10.12.020 Persons directing traffic restricted.
10.12.030 Authority of flagmen to direct traffic.
10.12.040 Exemptions.
10.12.050 Signs required.
10.12.060 Obedience to official traffic control devices.
10.12.010 Persons riding bicycles or animals.
A. Every person riding a bicycle or riding or driving an animal upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except those provisions which by their very nature can have no application.
B. Notwithstanding the provisions of subsection (A) of this section, any person may ride a bicycle on a sidewalk which is designated by the director as a part of the city bike route system and which is identified for such use by appropriate signs giving notice thereof. A bicyclist using a sidewalk as authorized by this subsection shall yield the right-of-way to any pedestrian using the sidewalk. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 139 § 1, 1973; SCC 703 § 31, 1960].
10.12.020 Persons directing traffic restricted.
No persons other than traffic officers or persons authorized by law shall direct traffic by voice, hand or other signal, except that a person may operate, when and/or as herein provided, a pushbutton signal erected by the provisions of this title. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 31, 1960].
10.12.030 Authority of flagmen to direct traffic.
A person designated as a flagman by a contractor working on the city streets under a permit issued by the C ity or a City employee designated as a flagman by the director or his representative, during construction or repair of, or in, streets, may direct traffic by use of hand signals or warning flags if the operation of special highway construction equipment, trucks, concrete mixers, mobile cranes or other construction equipment might interfere with the safe movement of traffic. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 32, 1960].
10.12.040 Exemptions.
The provisions of this title regulating the parking and standing of vehicles shall not apply to any vehicle of the police or fire departments, any public or private ambulance or any public utility vehicle which is qualified as an authorized emergency vehicle, when such vehicle mentioned in this section operates in the manner specified in the Vehicle Code in response to emergency calls. The provisions of this title regulating parking or standing vehicles shall not apply to any vehicle belonging to the government or a public utility or its agent while necessarily in use on construction or repair work on or in the public right-of-way. The foregoing exemption shall not, however, protect the driver of any such vehicle from the consequences of his willful disregard of safety of others. [Ord. 38- 2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 33, 1960].
10.12.050 Signs required.
The provisions of this title where signs giving notice of the provision are required shall not be effective until such signs are actually placed by the Director. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 34, 1960].
10.12.060 Obedience to official traffic control devices.
Every person driving a vehicle and every pedestrian shall comply with and obey any indication as set forth in the Vehicle Code presented by any official traffic control device upon any Highway placed under the authority of this title. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 35, 1960].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.16 SIGNS AND SIGNALS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 10.16
SIGNS AND SIGNALS
Sections:
10.16.010 Authority to install.
10.16.020 Traffic signals.
10.16.030 Roadway markings.
10.16.040 Hours of operation.
10.16.050 Parking space markings.
10.16.060 Turning markers.
10.16.070 Restrictive turn signs.
10.16.080 Stop at through street or stop signs.
10.16.090 Yield signs.
10.16.100 Stop or yield signs removed.
10.16.110 Closing streets to vehicular traffic.
10.16.120 Temporary suspension of markings.
10.16.130 Temporary suspension of weight limits.
10.16.140 Obedience to traffic signs.
10.16.150 Removal of traffic controls.
10.16.160 Removal of unauthorized signs, signals and lights.
10.16.170 Regulation of speed by traffic signals.
10.16.180 Bicycles on sidewalks.
10.16.010 Authority to install.
The Director is authorized to place and maintain, or cause to be placed and maintained, official traffic control devices when they are required or authorized by state law or ordinances or resolutions of this C ity. No provisions of the Vehicle Code or this chapter for which signs or markings are required shall be enforced against an alleged violator unless appropriate signs or markings are in place giving notice of such provisions. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 36, 1960].
10.16.020 Traffic signals.
The Director is authorized to install and maintain official traffic signals at those intersections and at other places where conditions are such as to require that the flow of traffic be alternatively interrupted and released in order to prevent or relieve traffic congestion, or to protect life or property from exceptional hazard in accordance with engineering studies. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 37, 1960].
10.16.030 Roadway markings.
A. The Director is authorized to place and maintain distinctive roadway markings as described in the Vehicle Code on those Highways, or parts of Highways, where the volume of traffic or the vertical or other curvature of such the roadway renders it hazardous to drive on the left side of such markings or signs and markings.
B. The Director is authorized to mark centerlines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles, and may place signs temporarily indicating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the highway. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 38, 1960].
10.16.040 Hours of operation.
The Director is authorized to determine the hours in which any traffic control device shall be in operation or be in effect except in cases where such hours or days are specified by ordinance or resolution. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 39, 1960].
10.16.050 Parking space markings.
A. The Director is authorized to install and maintain parking space markings to indicate parking space adjacent to the curb where authorized parking is permitted.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.16 SIGNS AND SIGNALS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
B. When such parking space markings are placed in the Highway, subject to other and more restrictive limitations, no vehicle shall be stopped or left standing other than within a single space unless the size or shape of such vehicle makes compliance impossible. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 40, 1960].
10.16.060 Turning markers.
A. The Director is authorized to allocate and indicate more than one lane of traffic from which the driver of vehicles may make right- and/or left-hand turns, and the course to be traveled as so indicated may conform to or be other than as prescribed by statute or ordinance. The director shall place markers, buttons or signs within or adjacent to intersections, indicating the course to be traveled by vehicles turning at such intersections.
B. When authorized markers, buttons or other indications are so placed within or adjacent to an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 41, 1960].
10.16.070 Restrictive turn signs.
A. The Director is authorized to determine those intersections at which drivers of vehicles shall not make right, left or U turns and those intersections controlled by official traffic control signals where drivers of vehi cles may make U turns. The making of such turns may be prohibited between certain hours of any day and permitted at other hours.
The Director shall place proper signs at such intersections to indicate the restrictions in force. The signs shall plainly indicate the restrictions in force and the hours in which they are in force, or the signs may be removed when such turns are permitted.
B. The Director is authorized to determine those intersections at which drivers of vehicles shall not make a right or left turn against a stop or red signal, and shall erect proper signs giving notice of the prohibition.
C. The Director is authorized to establish special traffic islands or roadways at intersections where the driver of a vehicle is required to make a left or right turn. The Director shall place markers, buttons or signs within or adjacent to the roadway indicating the course to be traveled by vehicles turning at the intersection.
D. Whenever authorized signs are erected indicating that right, left or U turns are prohibited or are prohibited during certain hours, no driver of a vehicle shall disobey such signs. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 42, 1960].
10.16.080 Stop at through street or stop signs.
A. The Director is authorized to designate certain Highways to be through streets and certain intersections to be stop intersections and any railway grade crossing to be a stop intersection.
B. The Director shall erect and maintain stop signs as provided in the Vehicle Code, whenever he designates and describes any street or portion thereof as a through Highway, or any intersection at which vehicles are required to stop, at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 43, 1960].
10.16.090 Yield signs.
A. The director is authorized to designate any intersection to be controlled by yield right -of-way signs.
B. The Director shall erect and maintain yield right-of-way signs as described in the Vehicle Code at such intersections he designates to be controlled by yield right-of-way signs. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 44, 1960].
10.16.100 Stop or yield signs removed.
The Director is authorized to remove stop signs and yield signs on any Highway where the volume of traffic or other engineering study shows that the conditions which require such control no longer exist or where the signs are in conflict with this title notwithstanding any previous resolutions authorizing the signs. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 45, 1960].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.16 SIGNS AND SIGNALS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
10.16.110 Closing streets to vehicular traffic.
A. Whenever the Director finds that any portion of any Highway is no longer needed for vehicular traffic, either permanently or at certain times during the day, or as an emergency measure, he shall place or cause to be placed appropriate signs or barricades, or both, specifying that such portion of the H ighway is closed to vehicular traffic at such times, or permanently, as the case may be, pursuant to the provisions of Paragraph (b) of Section 21101 of the Vehicle Code. All signs giving notice of such closing shall conform to provisions of the Vehicle Code.
B. A person shall not operate any vehicle on any portion of the Highway closed to traffic pursuant to this section.
C. The Director is hereby authorized to prohibit or restrict the use of any Highway or portion of any Highway by bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle or motorcycle when that Highway or that portion of Highway has been designated as a riding or hiking trail by the City Council or the Director. The Director shall erect appropriate signs giving notice thereof upon the Highway or riding and hiking trail and approaches thereto. The Director shall determine the location of appropriate signs. It is unlawful for any persons to violate any prohibition or restriction which is established as provided in this subsection. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 931 § 1, 1966; SCC 703 § 46, 1960].
10.16.120 Temporary suspension of markings.
Whenever because of the construction, alteration, repair, or improvement of any Highway or temporary detours or because of other emergency compliance with any provision of this title, including a provision pursuant to any action of the City Council pursuant to this title, a traffic hazard will be created and the Director so finds, he shall either remove or cover up any sign or other traffic marking which informs persons of such provision. While such sign or other marking is removed or covered the effect of such provision is suspended. At the end of such emergency, unless otherwise determined by the City Council, the Director shall replace or uncover such sign or other markings. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 725 § 1, 1961; SCC 703 § 47, 1960].
10.16.130 Temporary suspension of weight limits.
If a weight limit is suspended pursuant to RCMC 10.16.120 and a different weight limit is necessary, the Director shall erect and maintain appropriate signs during the emergency. At the end of the emergency the Director shall remove such temporary signs and uncover and restore the original signs unless the City Council otherwise determines. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 48, 1960].
10.16.140 Obedience to traffic signs.
Every operator and pedestrian shall comply with and obey every instruction appearing on any traffic sign or other marking, which sign or marking has been erected or placed by authority of the City C ouncil or Director. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 49, 1960].
10.16.150 Removal of traffic controls.
The Director is authorized to remove, relocate or discontinue the operation of any traffic control device or curb marking not specifically authorized by state law or ordinance, whenever engineering studies show that the conditions which warrant or require such control no longer exist or where such device is in conflict with the provisions of this title. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 50, 1960].
10.16.160 Removal of unauthorized signs, signals and lights.
The Director shall remove every unofficial sign, signal or device which purports to be or is an imitation of or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view any official traffic sign or signal, or which in any other respect violates the provisions of Sections 21465 and 21466 of the Vehicle Code. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 51, 1960].
10.16.170 Regulation of speed by traffic signals.
The Director is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner, at speeds or at variance from the speeds otherwise applicable within the City or at intersections, and may erect appropriate signs giving notice thereof. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 52, 1960].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.16 SIGNS AND SIGNALS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
10.16.180 Bicycles on sidewalks.
The director is authorized to designate sidewalks which may be used by bicyclists as a part of the city bike route system and shall identify such sidewalks with appropriate signs giving notice thereof. [Ord. 21 -2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 139 § 2, 1973].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.20 PEDESTRIANS AND CROSSWALKS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 10.20
PEDESTRIANS AND CROSSWALKS
Sections:
10.20.010 Crosswalks established.
10.20.020 Safety zones.
10.20.030 Pedestrians prohibited when.
10.20.040 Crossing at right angles.
10.20.050 Standing in roadway.
10.20.010 Crosswalks established.
A. The Director is authorized to determine the location of midblock crosswalks, maintain such crosswalks and designate them by appropriate devices or painted marks or signs upon the surface of the roadway.
B. The Director may maintain such other crosswalks and designate them by appropriate devices, painted marks or signs upon the surface of the roadway. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 53, 1960].
10.20.020 Safety zones.
The Director is authorized to install and maintain safety zones at all locations where there is particular danger to pedestrians and may locate and designate the same upon the surface of the roadway by appropriate devices, signs, or marks. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 54, 1960].
10.20.030 Pedestrians prohibited when.
A. The Director may determine when any crosswalk shall not be used by pedestrians and upon making such determination shall cause to be placed and maintained appropriate official traffic control devices. No person shall thereafter walk in any such crosswalk unless indicated otherwise.
B. The Director may determine when any part of a roadway between intersections shall no t be crossed by pedestrians and upon making such determination shall cause to be placed and maintained appropriate official traffic control devices. No person shall thereafter cross any part of such roadway, unless indicated otherwise.
C. No person shall stand on any sidewalk in such a manner as to hinder or impede the movement of other pedestrian traffic. No person shall remain on any bridge or overcrossing or approach thereto which is reserved exclusively for pedestrians for a period longer than necessary to walk across the bridge or overcrossing. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 854 § 1, 1964; SCC 725 § 5, 1961; SCC 703 § 55, 1960].
10.20.040 Crossing at right angles.
No pedestrian shall cross a roadway at any place other than by a route at a right angle to the curb or by the shortest route to the opposite curb except in a marked crosswalk. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 56, 1960].
10.20.050 Standing in roadway.
No person shall stand in any roadway other than a safety zone or in a crosswalk if such action interferes with the lawful movement of traffic. This section shall not apply to any public officer, construction worker or employee of a public utility or its agent when necessarily upon a street in line of duty. [Or d. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 57, 1960].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.24 PARKING REGULATIONS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 10.24
PARKING REGULATIONS
Sections:
10.24.010 Signs and curb markings.
10.24.020 Application of regulations.
10.24.030 No parking zones.
10.24.040 Parking on narrow streets and at special places.
10.24.050 Emergency parking signs.
10.24.060 Alleys – Parkways.
10.24.070 Parking prohibited when.
10.24.075 Prohibition of parking commercial and recreational vehicles on public roadways.
10.24.080 One-way streets.
10.24.090 Loading zones.
10.24.100 Limited-time parking.
10.24.110 Continuing violations – Additional offenses.
10.24.120 Curb parking – Right-of-way.
10.24.130 Parking in intersections.
10.24.140 Angle parking.
10.24.150 Removal of illegally parked vehicles.
10.24.160 Removal of ignition key when parking.
10.24.170 Parking on city property.
10.24.175 Parking in city parking areas.
10.24.180 Parking on private property.
10.24.010 Signs and curb markings.
The Director is authorized, subject to the provisions and limitations of this title, to place and maintain and, when required herein, shall place the following curb markings or signs to indicate parking, standing or stopping regulations, and the curb markings or signs shall have the meanings as herein set forth.
A. Red curb marking means no stopping, standing or parking at any time of any day except as permitted by the Vehicle Code;
B. Yellow curb marking means no stopping, standing or parking between 7:00 a.m. and 6:00 p.m. of any day except holidays and Sundays for any purpose other than the loading or unloading of passengers or materials; provided, that the loading or unloading of passengers shall not consume more than one minute, nor the unloading of material s more than 20 minutes, and such loading or unloading shall be actively carried on during all of that time; C. White curb marking means no stopping, standing or parking at any time of any day for any purpose other than loading or unloading of passengers and baggage, and shall not exceed five minutes; D. Green curb marking means no stopping, standing or parking for a period of time longer than 12 or 24 minutes, as designated by signs, at any time between 7:00 a.m. and 6:00 p.m. of any day except holidays and Sundays; E. Blue curb marking means parking limited exclusively to public agency- owned vehicles specifically used for transportation of physically handicapped persons and for vehicles of physically handicapped persons, which vehicle bears an appropriate identification identifying the vehicle as that of a physically handicapped person. [Ord. 21 -2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 400 § 1, 1979; SCC 970 § 1, 1968; SCC 703 § 58, 1960].
10.24.020 Application of regulations.
The provisions of this title imposing regulations on stopping or parking shall not relieve any person from the compliance with other or more restrictive provisions of the Vehicle Code or any City ordinances regulating the standing or parking of vehicles at specified places or at specified times. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 59, 1960].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.24 PARKING REGULATIONS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
10.24.030 No parking zones.
A. The Director is authorized to prohibit stopping, standing or parking on any Highway or may prohibit stopping, standing or parking during certain hours of the day on any Highway.
B. When signs authorized by the provisions of this section are in place, giving notice of the provisions thereof, no person shall stop, stand or park any vehicle contrary to the directions and provisions of such signs. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 60, 1960].
10.24.040 Parking on narrow streets and at special places.
A. The Director is authorized to place signs and marking indicating no parking upon any two-way roadway, when the width of the roadway does not exceed 30 feet.
B. The Director is authorized to sign or mark the following places and, when so signed or marked, no person shall stop, stand or park a vehicle in any of the following places:
1. At any place within 20 feet of a point on the curb immediately opposite a midblock end of a safety zone;
2. At any place within 20 feet of any crosswalk;
3. Within 20 feet of the approach to any traffic signal, boulevard stop sign, or offic ial electric flashing device;
4. At any place where traffic and engineering studies have been made and the director determines that it is necessary in order to eliminate dangerous traffic hazards or to provide for the orderly movement of traffic.
C. When signs authorized by provisions of this section are in place, giving notice of the provisions thereof, no person shall stop, stand or park any vehicle contrary to the directions and provisions of such signs. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 61, 1960].
10.24.050 Emergency parking signs.
A. Whenever the Director shall determine that, in a special situation, traffic congestion is likely to result on any Highway or alley from holding public or private assemblages, gatherings or functions, street construction, maintenance or repair work, or for any other reason, he is authorized to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys. The signs shall remain in place only during the existence of the special situation, and the D irector shall cause the signs to be moved promptly thereafter.
B. When signs authorized by provisions of this section are in place, giving notice of the provisions thereof, no person shall stop, stand or park any vehicle contrary to the directions and provisions of such signs. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 62, 1960].
10.24.060 Alleys – Parkways.
A. No person shall park any vehicle in any alley in the City except while actively engaged in loading or unloading passengers, freight or merchandise.
B. No person shall stop, stand or park a vehicle within any parkway. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 63, 1960].
10.24.070 Parking prohibited when.
A. No person shall park a vehicle upon any roadway for the principal purpose of displaying such vehicle for sale.
B. No person who owns or has custody or control of any vehicle shall park or store such vehicle upon any H ighway or alley for more than a consecutive period of 72 hours, or move and repark such vehicle on any Highway within 300 feet of the original parking site, unless such vehicle is maintained in an operable condition and driven within the 72 consecutive hours mentioned above.
C. In the event the Highway includes two or more separate roadways and traffic is restricted to one direction upon each roadway, no person shall stop, stand or park a vehicle upon the left-hand side of such one-way roadways.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.24 PARKING REGULATIONS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
D. It is unlawful for any person to have, erect, place, stand or park, wholly or partly within the right -of-way of any City road or Highway, any vehicle, motor vehicle, trailer, semitrailer, wagon, pushcart, stand, structure, or building for the purpose of selling the same or of selling, vending, displaying for sale, or offering for sale, therefrom or therein, any goods, wares, or merchandise, fruit, vegetables, produce, or any other article or thing of value.
E. Any such vehicle, motor vehicle, trailer, semitrailer, wagon, pushcart, stand, structure, or building so had, erected, placed, stood or parked for any such purpose or purposes is hereby declared to be a public nuisance and the removal thereof forthwith from within the right-of-way of any such road or highway by the Director, his engineers or employees is hereby authorized.
F. This title does not prohibit a seller from taking orders or delivering any commodity from any vehicle from that City road or Highway immediately adjacent to the premises of the purchaser.
G. It is unlawful for any person to park, stop or abandon any vehicle within 1,000 feet of any authorized emergency vehicle when such authorized emergency vehicle is actively engaged at the scene of any bombing, act of sabotage, accident, explosion, flood, riot, earthquake, fire or any emergency.
H. No person shall park any motor truck (excepting therefrom any truck commonly known as and referred to as a “pickup truck”), trailer other than a camping trailer or boat trailer, semitrailer, truck tractor or commercial vehicle for more than one hour on any Highway in a residential district or move and repark such vehicle on any Highway in a residential district within 300 feet of the original parking site within any 24 -hour period except while loading or unloading property or in connection with and in the aid of the performanc e of a service to or on a property adjacent to the block in which such vehicle is parked and only for such time in addition to one hour that is reasonably necessary to complete such loading, unloading or service.
I. No person shall park any motor home, trailer coach, travel trailer, truck camper, camping trailer or boat trailer for more than 72 hours on any Highway in a residential district or move and repark such vehicle on any Highway in a residential district within 300 feet of the original parking site within any 72- hour period. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1118 § 1, 1998; SCC 1045 § 1, 1996; SCC 383 § 1, 1979; SCC 838 § 1, 1964; SCC 825 § 2, 1963; SCC 746 § 1, 1961; SCC 703 § 64, 1960].
10.24.075 Prohibition of parking commercial and recreational vehicles on public roadways.
A. No person who owns or has custody or control of any commercial or recreational vehicle shall park or store such vehicle on any public street, Highway or right-of-way within the city limits of the City of Rancho Cordova that is not within a designated heavy industrial zone (M-2 classification), or other areas specifically posted to permit parking or unless otherwise authorized by RCMC 10.24.070(H) or (I).
B. “Commercial or recreational vehicle” includes, but is not limited to, all motorized and nonmotorized tractors, trailers, semi-trailers, vans, trucks, open bed or flat bed pickups, mobile equipment, machinery, motor homes, campers, or other vehicles which meet one or more of the following criteria:
1. Vehicle or load height exceeds seven feet; or
2. Vehicle or load width exceeds seven and one-half feet, as measured from the widest portion of the vehicle or load, but not including mirrors; or
3. Vehicle or load length exceeds 20 feet (in combination with any atta ched trailers); or
4. Manufacturer’s gross vehicle weight rating exceeds 10,000 pounds; or
5. Any nonmotorized vehicle regardless of its height, width, length or weight when it has been detached from a motor vehicle that is capable of towing such vehicle.
C. This section shall not prohibit the parking of commercial and recreational vehicles if they are at the time engaged in any of the following activities:
1. Loading or unloading of persons and/or property; or
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.24 PARKING REGULATIONS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
2. Parked in connection with or in the aid of the immediate performance of a service to or on a property in the immediate proximity in which such vehicle is parked; or
3. Parked or left standing to allow the operator respite in the immediate proximity in which such vehicle is parked for a period of not to exceed 30 minutes; or
4. Parked or left standing as a result of a mechanical breakdown so as to allow for the performance of emergency repairs on the vehicle, or while waiting for a tow operator for a period not to exceed two hours; or
5. Parked or left standing as allowed by a permit issued by the city pursuant to established procedures; or
6. Emergency vehicles of any political subdivision of the state of California or of a public utility, while the driver of any such vehicle is engaged in the necessary performance of public emergency duties; or
7. Parking of motor homes, trailer coaches, recreational trailers, truck campers, camping trailers, or boat trailers designed for personal use for less than 72 hours in a residential district.
D. The traffic engineer shall place appropriate signs on all streets, roads or highways, as the traffic engineer may determine will best serve to give notice of this section, indicating the affected residential and commercial streets, roads or highways where commercial vehicle parking is prohibited.
E. Any person violating any of the provisions of this section is guilty of an infraction and upon conviction thereof shall be punished by:
1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation within one year;
3. A fine not exceeding $500.00 for each additional violation within one year. [Ord. 12- 2006 § 1].
10.24.080 One-way streets.*
Subject to other and more restrictive limitations, a vehicle may be stopped or parked parallel to and within 18 inches of the left-hand curb, facing in the direction of the traffic movement upon any one-way street, unless signs are in place prohibiting such stopping or standing. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 65, 1960]. * Code reviser’s note: See also Chapter 10.44 RCMC.
10.24.090 Loading zones.
A. The Director is authorized to establish bus zones, opposite red curb space, for the loading and unloading of buses, common carriers of passengers and to determine the location and length thereof.
B. The Director is authorized to establish loading zones.
C. The Director is authorized to establish taxi stands.
D. No person shall park and leave standing any vehicle, whether attended or unattended, in any loading zone for a period of time longer than is permitted for such loading zone except as otherwise provided in this title or in a taxi stand except the operator of the taxi. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 66, 1960].
10.24.100 Limited-time parking.
A. The Director is authorized to restrict or prohibit parking in excess of 12 minutes, 24 minutes, one hour or two hours, between 7:00 a.m. and 6:00 p.m. of any day on any Highway.
B. When signs have been posted to give notice of such restriction or prohibition, no person shall park any vehicle and leave the same parked, whether attended or unattended, for a period of time longer than set out on the signs. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 725 § 2, 1961; SCC 703 § 67, 1960].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.24 PARKING REGULATIONS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
10.24.110 Continuing violations – Additional offenses.
Every person violating the provisions of RCMC 10.24.090 is guilty of a separate and further violation for each period of time that the vehicle is left so parked, equal to the maximum legal parking time for the particul ar time zone or parking space as designated in RCMC 10.24.090 or by ordinance adopted setting the maximum legal time. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 68, 1960].
10.24.120 Curb parking – Right-of-way.
For the purpose of this section, a curb parking space shall be an area open for lawful parking alongside or adjacent to a curb, which area is not of sufficient length to permit two or more vehicles to freely move for parking therein at the same time. Any person seeking to park his vehicle in a curb space, whose vehicle arrives at the parking space prior to any vehicle other than his, and who proceeds beyond the space a distance not to exceed 10 feet, measured at the rear bumper, for the purpose of backing his vehicle therein, shall have the right -of-way over any person driving, or attempting to drive, any other vehicle directly into such curb parking space, or who, in any manner, obstructs such curb parking space; and the driver of such other vehicle shall yield the right -of-way to the driver first arrived at the parking space. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 69, 1960].
10.24.130 Parking in intersections.
A person may park a vehicle adjacent to the curb within an intersection if the D irector marks the roadway with appropriate signs, markers or buttons as described in RCMC 10.16.050. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 70, 1960].
10.24.140 Angle parking.
At no time shall any person park a vehicle on a Highway at an angle to the roadway except to comply with the directions of a traffic officer. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 71, 1960].
10.24.150 Removal of illegally parked vehicles.
If any person parks a vehicle contrary to the provisions of RCMC 10.24.030 through 10.24.070, 10.24.100 or
10.24.120, the vehicle is determined to be an obstruction to the normal flow of traffic as defined in Section 22651(b) of the Vehicle Code and may be removed from the Highway as provided in Chapter 10 of the Vehicle Code. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 37 § 1, 1971; SCC 703 § 72, 1960].
10.24.160 Removal of ignition key when parking.
Every person who parks a motor vehicle upon any highway shall first lock the ignition, remove the key therefrom and take such key with him unless a licensed operator remains in such motor vehicle, in which case such licensed operator, before leaving the vehicle, shall first lock the ignition, remove the key therefrom, and take the key with him. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 73, 1960].
10.24.170 Parking on City property.
A. Whenever the Director determines that parking or standing of vehicles on City property is prohibited, limited or restricted, the Director shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles is thus prohibited, limited or restricted.
B. When signs authorized by the provisions of this section are in place, giving notice thereof, no person shall park or stand a vehicle contrary to the directions of the signs, and any vehicle parked in violation of the signs may be towed to the public storage garage at the expense of the owner of the vehicle as provided in Division 11, Chapter 10 of the Vehicle Code. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 240 § 2, 1975; SCC 703 § 74, 1960].
10.24.175 Parking in City parking areas.
A. Notwithstanding any other provision in this code, whenever the D irector determines that parking or standing of vehicles in City parking areas under his jurisdiction is prohibited, limited or restricted, the Director shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles is thus prohibited, limited or restricted.
B. When signs authorized by the provisions of this section are in place, giving notice thereof, no person shall park or stand a vehicle contrary to the directions of the signs, and any vehicle parked in violation of the signs may be towed to the public storage garage at the expense of the owner of the vehicle as provided in Division 11, Chapter 10 of the Vehicle Code, and/or the Director, his or her designees, or a peace officer may issue a citation for illegal parking.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.24 PARKING REGULATIONS
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
The Director, his designee or a peace officer shall record on the citation the location the offense was committed, the nature of the violation, the state vehicle license number of the vehicle, the make and year of the vehicle and the time and date of such violation. He shall then issue in writing a citation for illegal parking in the same form and subject to the same procedure provided for by the laws of the state applicable to the traffic violations within the C ity. [Ord. 38- 2007 § 1 (Exh. 1(G)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
10.24.180 Parking on private property.
It is unlawful for any person to drive upon or across, to leave standing or cause to be left standing any vehicle upon any privately owned property within the City without the implied or express consent of the owner or person in lawful possession of the property. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 75, 1960].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.25 PREFERENTIAL RESIDENTIAL
PERMIT PARKING PROGRAM
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 10.25
PREFERENTIAL RESIDENTIAL PERMIT PARKING PROGRAM
Sections:
10.25.005 Title.
10.25.010 Purpose.
10.25.020 Definitions.
10.25.030 Designation of residential permit parking areas.
10.25.040 Designation criteria.
10.25.050 Designation process.
10.25.060 Recommendation of the public works director.
10.25.070 Issuance of permits.
10.25.080 Visitor permits.
10.25.090 Posting of residential permit parking area.
10.25.100 Display of permit.
10.25.110 Permit parking exemption.
10.25.120 Permit term – Application and renewal.
10.25.130 Permit fees.
10.25.140 Penalty provisions.
10.25.150 Applicability to parking control vehicles.
10.25.160 Annexation of residential streets to residential permit parking areas.
10.25.170 Modifications of restrictions.
10.25.180 Deletion of residential streets from residential permit parking areas.
10.25.005 Title.
This chapter shall be known and cited as the “preferential residential permit parking program.” [Ord. 12- 2015 § 2].
10.25.010 Purpose.
The purpose of this chapter is to establish a preferential residential permit parking program within the C ity to assist residents in securing parking in residential areas regularly adversely affected by nonresident parked vehicles. [Ord. 12-2015 § 2].
10.25.020 Definitions.
For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
“Dwelling unit” means a house, apartment or other residence with an assigned address as used by the U.S. Postal Service or as listed in the county directory.
“Lease” means that a person pays rent or other remuneration for use of a parcel of real property as his or her residence or place of business.
“Motor vehicle” includes an automobile, truck, motorcycle, or other motor -driven form of transportation not in excess of 10,000 pounds gross weight.
“Parking restrictions” means the days, times, and hour limitations imposed on motor vehicles parked in a residential permit parking area pursuant to this chapter.
“Public Works Director” means the Public Works Director of the City of Rancho Cordova with the powers and duties as provided in this title.
“Resident” means a person who dwells in the residential area on a permanent basis. “Resident permit” means a permit issued by the City of Rancho Cordova for use on a resident vehicle while parked in a residential permit parking area.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.25 PREFERENTIAL RESIDENTIAL
PERMIT PARKING PROGRAM
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022. “Resident vehicle” means a motor vehicle owned or under the control of a resident and regularly parked in the residential area in which the resident resides.
“Residential area” means a contiguous or nearly contiguous area where residents dwell and which co ntains public streets and highways.
“Residential permit parking area” means a residential area designated as herein provided wherein motor vehicles displaying a valid permit as described herein shall be exempt from the parking restrictions or prohibitions established pursuant to this chapter. [Ord. 12-2015 § 2].
10.25.030 Designation of residential permit parking areas.
The City Council may, in its discretion, designate by resolution any residential area as a residential permit parking area in which motor vehicles displaying a valid parking permit may stand or be parked without limitation. Said resolution shall also state the applicable parking restrictions and the fees to be charged upon permit issuance. [Ord. 12-2015 § 2].
10.25.040 Designation criteria.
A. A residential area shall be deemed eligible for consideration as a residential permit parking area if the residential area is adversely affected by nonresident parked vehicles for any extended period during the day or night, on weekends, or during holidays.
B. In determining whether a residential area may be designated as a residential permit parking area, pursuant to RCMC 10.25.050 and 10.25.060, the Public Works Director and the City Council shall take into account factors which include, but are not limited to, the following:
1. The extent of the desire and need of the residents for residential permit parking;
2. The extent to which on-street parking is occupied by motor vehicles during the period proposed for parking restrictions;
3. The extent to which vehicles parking in the area during the period proposed for parking restrictions are commuter vehicles rather than resident vehicles. [Ord. 12-2015 § 2].
10.25.050 Designation process.
A. Persons desiring a residential permit parking program in a residential area shall consult with the P ublic Works Director to tentatively establish the boundaries of the area proposed for designation.
B. Upon receipt of a petition from a group of neighborhood residents or appropriate neighborhood association indicating that at least 60 percent of the residents are in favor of permit parking in the residential area proposed for designation, the Public Works Director shall evaluate the proposal to determine the appropriate residential permit parking restrictions for the area.
C. Within 30 days of the completion of the Public Works Director’s evaluation to determine appropriate residential permit parking restrictions for the area, the Public Works Director shall notice, as herein provided, a public hearing or hearings on the subject of the proposed residential permit parking area. Said hearing or hearings shall be conducted for the purpose of ascertaining boundaries for the proposed residential permit parking area as well as the appropriate restrictions on parking.
D. Notice of the public hearing or hearings provided for herein shall be mailed generally in the neighborhood, and to those institutions generating a significant volume of nonresident parking in the neighborhood. The notice shall clearly state the purpose of the hearing, the location and boundaries tentatively considered for the proposed residential permit parking area and, if applicable, the approximate permit fee to be charged. During such hearing or hearings, any interested person shall be entitled to appear and be heard.
E. Within 30 days after completion of the public hearing(s) the Public Works Director shall mail out notices to the residents of the proposed residential permit parking area. Said notices shall provide information on the proposed location and boundaries of the area and the proposed residential permit parkin g restrictions therein. Residents of the ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.25 PREFERENTIAL RESIDENTIAL
PERMIT PARKING PROGRAM
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022. proposed residential permit parking area may return the notices indicating their support or opposition to the area. [Ord. 12-2015 § 2].
10.25.060 Recommendation of the Public Works Director.
A. Following the designation process described in RCMC 10.25.050, the P ublic Works Director shall issue a written recommendation to the City Council whether to designate the residential area under consideration as a residential permit parking area within 60 days after the close of public hearings pursuant to RCMC 10.25.050(D). Such recommendation shall be based upon the record of the hearing or hearings, the evaluation performed, the petition submitted, and the returned notices received from the residents indicating support for or opposition to the program.
B. The recommendation of the Public Works Director shall set forth the significant subjects and concerns raised at the public hearing or hearings conducted, the proposed boundaries of the residential permit parking area, the proposed parking restrictions, and the support for the program shown by the returned notices from the residents.
C. If the City Council desires, it will adopt a resolution establishing the program for the area including the boundaries, parking restrictions, fees, if any, and any other applicable provisions.
D. The designation process and designation criteria set forth in this chapter shall also be utilized by the P ublic Works Director in determining whether to recommend removal of designation as a residential permit parking area from a particular residential area. [Ord. 12-2015 § 2].
10.25.070 Issuance of permits.
A. Parking permits shall be issued by the Public Works Director. Each such permit shall state or reflect the particular residential permit parking area, the license number of the motor vehicle for which it is issued, and any additional information required by the Public Works Director to enforce the provisions of this chapter. No more than one parking permit shall be issued to each motor vehicle for which application is made. The requirements governing the manner in which persons shall qualify for parking permits in each residential permit parking area shall be as established by this chapter.
B. Parking permits may be issued for motor vehicles only upon application of the following persons:
1. A resident of the residential permit parking area who owns a motor vehicle registered with the California Department of Motor Vehicles at the address where the resident lives;
2. A resident of the residential permit parking area who has a leased or possesses a company- owned vehicle which is regularly parked in the area;
3. A person who owns or leases commercial property located in the residential permit parking area and actively engages in business activity within a residential permit parking area. However, no more than one parking permit may be issued for each motor vehicle registered to the business establishment at the address in the designated area;
4. An owner of residential property that is located within the residential permit parking area. [Ord. 12- 2015 § 2].
10.25.080 Visitor permits.
The Public Works Director is authorized, upon application, to issue visitor permits to residents and owners or lessees of commercial property located within a residential permit parking area for use by bona fide visitors therein. Such a visitor permit shall have all the rights and privileges of a regular permit, except as provided in RCMC 10.25.130 and
10.25.140. The requirements governing the manner in which persons shall qua lify for visitor permits in each residential permit parking area shall be established by this chapter. [Ord. 12-2015 § 2].
10.25.090 Posting of residential permit parking area.
Upon the adoption of the City Council of a resolution designating a residential permit parking area, the Public Works Director shall cause appropriate signs and markings to be erected in the area, indicating prominently thereon the parking and restrictions, prohibitions, and conditions under which permit parking shall be exempt. [Ord. 12 -2015 § 2].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.25 PREFERENTIAL RESIDENTIAL
PERMIT PARKING PROGRAM
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
10.25.100 Display of permit.
Residential parking permits shall be affixed to the left rear bumper of the resident’s vehicle, hung from an inside rear view mirror or lying flat and clearly visible on the dashboard of the vehicle to which it is assigned.
Visitor parking permit shall be hung from an inside rear view mirror or lying flat and clearly visible on the dashboard of the visitor’s vehicle.
Failure to display a current, valid permit shall be prima facie evidence that the citation is valid. [Ord. 12 -2015 § 2].
10.25.110 Permit parking exemption.
A resident motor vehicle or nonresident motor vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to park in the residential permit parking area for which the permit has been issued without being limited by parking restrictions established pursuant to this chapter.
Said motor vehicle shall not be exempt, however, from other parking regulations or prohibitions established pursuant to other relevant portions of the Rancho Cordova Municipal Code or Vehicle Code. All other motor vehicles parked within a residential permit parking area shall be subject to the parking restrictions adopted as provided in this chapter as well as the penalties provided for herein.
A residential parking permit shall not guarantee or reserve to the holder thereof an on -street parking space within the designated residential permit parking area. [Ord. 12-2015 § 2].
10.25.120 Permit term – Application and renewal.
Except as provided otherwise herein, each parking permit issued shall be valid for one year or such other period of time as designated by the Public Works Director from the date of issuance. Permits may be renewed annually or for some other period of time as designated by the Public Works Director upon reapplication in the manner required by the Public Works Director. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his or her residence address or address of real property owned or leased within residential permit parking area, the license number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the Public Works Director. [Ord. 12-2015 § 2].
10.25.130 Permit fees.
The fee, if any, for eligible residents within the residential parking permit area for a residential parking permit or a visitor permit shall be established by resolution of the City Council. [Ord. 12-2015 § 2].
10.25.140 Penalty provisions.
A. It is a violation of this chapter, unless expressly provided to the contrary herein, for any person to park a motor vehicle contrary to the parking restrictions established pursuant hereto. Said violation shall be subject to civil penalty as specified in the resolution by the City Council pursuant to RCMC 10.24.020.
B. It is unlawful and a violation of this chapter for a person to falsely represent himself or herself as eligible for a parking permit or to furnish false information in order to obtain a permit. Said violation shall by punishable by a fine not to exceed $500.00 or by imprisonment for a period not exceeding six months, or both.
C. It is a violation of this chapter, unless expressly provided to the contrary herein, for a person holding a valid parking permit issued pursuant to this chapter, to permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute a violation of this chapter both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued. Said violation shall be subject to civil penalty as specified in the resolution adopted by the City Council pursuant to RCMC 10.24.020.
D. It is a violation of this chapter to use, or allow to be used, a visitor permit for a nonresident commuter who desires to park in the residential parking permit area. Said use of a visitor permit for commuter parking shall constitute a violation of this chapter both by the person to whom the visitor permit was issued and by the registered owner of the vehicle upon which the visitor permit is displayed. Said violation shall be subject to civil penalty as specified in the resolution adopted by the City Council pursuant to RCMC 10.24.020.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.25 PREFERENTIAL RESIDENTIAL
PERMIT PARKING PROGRAM
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
E. It is unlawful and a violation of this chapter for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit in order to evade parking restrictions applicable in a residential permit parking area. It is also a violation to sell, transfer, exchange or assign any residential, visitor or temporary permit.
Upon conviction thereof, the person shall be punishable by a fine not exceeding $500.00 or be imprisoned for a period not exceeding six months, or both. [Ord. 12-2015 § 2].
10.25.150 Applicability to parking control vehicles.
The provisions of this chapter shall not be construed to prohibit the stopping, standing or parking of parking control vehicles while such vehicles are being used in parking control enforcement; provided, however, that this section shall not supersede provisions of this title which expressly refer to or regulate parking control vehicles.
As used in this section the term “parking control vehicles” means any vehicle used by an authorized official of the City during the enforcement of parking and registration regulations pursuant to the chapters of this code and the California Vehicle Code. [Ord. 12-2015 § 2].
10.25.160 Annexation of residential streets to residential permit parking areas.
Whenever the City Council finds that residential streets adjacent to a residential permit parking area have all-day, on-street parking congestion, then upon recommendation by the Public Works Director, such residential streets may be added by resolution to said residential permit parking area. A petition of 60 percent or more of the residents of said streets with affirmative responses seeking permit parking shall be required prior to implementation of residential permit parking restrictions. [Ord. 12-2015 § 2].
10.25.170 Modifications of restrictions.
On-street parking restrictions within a residential permit parking area may be changed by resolution of the C ity Council based on recommendation by the Public Works Director. [Ord. 12-2015 § 2].
10.25.180 Deletion of residential streets from residential permit parking areas.
A. The City Council may initiate a proceeding to delete a street from a designated residential permit parking area by adopting a resolution of intention to delete.
B. The resolution shall include:
1. A declaration of intention by the City Council to delete;
2. A description of the street or streets to be deleted; and
3. The date, time and place of a public hearing to consider the proposed deletion.
C. At least 10 days before the hearing, notice of the hearing shall be published in a newspaper of general circulation, posted not more than 200 feet apart along the street or streets proposed for deletion, and mailed to all persons who testified before the City Council at public hearings in which the establishment of the residential parking permit area was considered.
D. At the hearing, the City Council shall take into account the factors specified in RCMC 10.25.040(B). The C ity Council may adopt a resolution deleting the street or streets described in the resolution of intention. [Ord. 12-2015 § 2].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.30 HUMAN HABITATION OF VEHICLES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 10.30
HUMAN HABITATION OF VEHICLES
Sections:
10.30.010 Purpose.
10.30.020 Definitions.
10.30.030 Use of vehicles for human habitation prohibited on public property.
10.30.040 Use of vehicles for human habitation prohibited on private property – Exception.
10.30.050 Penalty.
10.30.010 Purpose.
This chapter is enacted for the purpose of addressing issues of blight, crime, security, disorder and health and sanitation, including the disposal of noxious and harmful matter on city streets and parking areas open to the public.
These conditions are principally caused by ongoing, repeated habitation of motor homes, recreational ve hicles and other vehicles modified or used for human habitation, as defined in RCMC 10.30.020, without authorized connection to utility services, periodically resulting in the creation of an encampment -like situation. These conditions occur primarily in private commercial parking areas and on public streets within the C ity, but can also occur in other areas of the City including, but not limited to, private residential lots. [Ord. 13-2004 § 1].
10.30.020 Definitions.
For purposes of this chapter, the following definitions will apply:
“Camper” means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. “Camper” shall include those campers defined as slide -in campers or truck campers under the California Health and Safety Code.
“House car” means a motor vehicle originally designed or permanently or temporarily altered and equipped for human habitation, or to which a camper has been permanently or temporarily attached. “Human habitation” shall mean the use of a vehicle for dwelling. Evidence of human habitation shall include activities such as sleeping, setting up housekeeping or cooking, and/or any other activity where it reasonably appears, in light of all the circumstances, that a person or persons is using the vehicle as a living accommodation.
The use of a vehicle for six or more consecutive hours for eating, resting, recreating and/or sleeping shall per se constitute “human habitation” for purposes of this chapter. “Recreational vehicle” shall mean a motor home, travel trailer, trailer coach, truck camper, camping trailer or park trailer, as those vehicles are defined in Sections 18010 and 18009.3 of the California Health and Safety Code or other applicable sections of the California Health and Safety Code or California Vehicle Code, and which are designed for human habitation for recreational, emergency, or other occupancy. “Vehicle” shall mean any device by which any person or property may be propelled, moved, or drawn upon a highway including, but not limited to, a recreational vehicle or house car. [Ord. 13- 2004 § 1].
10.30.030 Use of vehicles for human habitation prohibited on public property.
It is unlawful for any person or persons to use a vehicle for human habitation on or in any public street, right- of- way, alleyway, parking area or any other public property, except in a designated public campground, recreational park, or licensed mobile home park. [Ord. 13-2004 § 1].
10.30.040 Use of vehicles for human habitation prohibited on private property – Exception.
A. It is unlawful for any person or persons to use a vehicle for human habitation on any private property within the city limits of Rancho Cordova except for a lawfully operated mobile home trailer park, or other licensed private camping facility.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.30 HUMAN HABITATION OF VEHICLES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
B. Notwithstanding subsection (A) of this section, a person shall not be prohibited from occupying, for sleeping purposes only, a recreational vehicle or house car on private residential property within the C ity limits provided all of the following criteria are satisfied:
1. The person is a bona fide guest of a resident of the City;
2. The person has the written consent of the resident; and
3. The location and use of the recreational vehicle or house car for sleeping purposes is not otherwise in violation of the Rancho Cordova zoning code or other applicable law.
The use of a recreational vehicle or house car under authority of this subsection (B) shall be limited to no more than five days and/or nights, either consecutive or nonconsecutive, within any 90-day period. [Ord. 13-2004 § 1].
10.30.050 Penalty.
A. A violation of this chapter shall be deemed an infraction for a first violation; second and subsequent violations of the same section within a 12-month period may be prosecuted as an infraction or misdemeanor.
B. Any person convicted of an infraction for violating this chapter may be punished by:
1. A fine of not more than $100.00 for a first violation;
2. A fine of not more than $200.00 for a second violation of the same section within a 12 -month period;
3. A fine of not more than $500.00 for a third (or subsequent) violation of the same section by the same person within a 12-month period.
C. Any person convicted of a misdemeanor for violating this chapter may be punished by a fine of not more than $1,000 or by imprisonment in jail for a period of not more than six months or by both fine and imprisonment. [Ord. 13-2004 § 1].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.32 MISCELLANEOUS DRIVING RULES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 10.32
MISCELLANEOUS DRIVING RULES
Sections:
10.32.010 Prohibited acts.
10.32.020 Parade permit required.
10.32.030 Bus stop in front of driveway.
10.32.040 Molesting of traffic-counting devices prohibited.
10.32.050 Washing vehicles on highway.
10.32.060 Repairing vehicles on highways.
10.32.070 Railway gates.
10.32.080 Trains not to block crossings.
10.32.010 Prohibited acts.
No person shall drive any vehicle or animal, or do any act, in violation of the following:
A. Drive through vehicles comprising a funeral procession while they are in motion and when the vehicles in such a procession are specifically designated;
B. No person riding any bicycle, motorcycle, coaster, roller skates, or any toys or toy vehicles shall attach the same or himself to any moving vehicle upon any roadway and no person driving any vehicle shall permit the same to be done;
C. Drive within or over any sidewalk area or any parkway except at a driveway; D. Drive over or across any new pavement or freshly painted marking when any street barrier, sign or marking is in place warning persons not to drive over or across the same, or when a sign is in place stating that the street, or any portion thereof, is closed;
E. Drive or operate a vehicle contrary to the directions or provisions of any barrier or sign erected pursuant to the provisions of any ordinance of the City or by any other utility, or by any department of the City or by any public person pursuant to law or contract with the City and no unauthorized person shall move or alter the position of any such barrier or sign;
F. Drive a vehicle onto or from any freeway except at such entrances and exits as are established by public authority; G. Drive a vehicle into an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians in such intersection or crosswalks, notwithstanding any official traffic control device or signal indication to proceed;
H. No tire on any vehicle upon any City street or highway shall have on its periphery any block, stud, flange, cleat, ridge, bead, or any other protuberance of metal or wood which projects beyond the tread of the traction surface of the tire. This subsection does not apply to the following:
1. Tire chains of reasonable size used to prevent skidding when upon wet surfaces or when upon ice or snow.
2. Pneumatic tires which have embedded therein wire not to exceed 0.075 inches in diameter and which are so constructed that under no conditions will the percentage of metal in contact wit h the roadway exceed five percent of the total tire area in contact with the roadway, except that during the first 1,000 miles of use or operation of any such tire, the metal in contact with the roadway may exceed five percent of the tire area in contact with the roadway, but shall in no event exceed 20 percent of such area.
3. Vehicles operated upon unimproved roadways when necessary in the construction or repair of highways.
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.32 MISCELLANEOUS DRIVING RULES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
4. Traction engines or tractors when operated under the conditions of a permit first obtained from the Rancho Cordova Department of Public Works. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 972 § 1, 1968; SCC 703 § 76, 1960].
10.32.020 Parade permit required.
No person shall operate a vehicle, or join in, or be a member of any procession, parade or assemblage on any public highway without a permit first having been issued by the Director. No permit shall be valid on an arterial or through highway during the hours of 4:00 p.m. to 6:00 p.m. or during the hours of darkness or between December 10th and December 26th in any year. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 77, 1960].
10.32.030 Bus stop in front of driveway.
A bus engaged as a common carrier may stop to load or unload passengers in front of a driveway. At no ti me shall the bus so stop for a period longer than is necessary to load or unload passengers. [Ord. 21 -2003 §§ 2, 4; Ord. 20- 2003 §§ 2, 4; SCC 703 § 78, 1960].
10.32.040 Molesting of traffic-counting devices prohibited.
Unless authorized by the Director, a person shall not move, molest, tamper with, or damage in any way any traffic - counting device which has been located within a highway or adjacent thereto by authority of the D irector. [Ord. 21- 2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 79, 1960].
10.32.050 Washing vehicles on highway.
A person shall not dust, wipe, wash or otherwise clean, use, or employ any method of dusting, wiping, washing or otherwise cleaning any vehicle or portion thereof while on any highway unless the vehicle is owned by or under the direct control or supervision, for purposes other than such wiping, washing, cleaning, or dusting, of the person doing any of the acts herein enumerated. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 80, 1960].
10.32.060 Repairing vehicles on highways.
A person shall not repair, or make any repairs, or add or install any part or accessory to or on any vehicle while the same is upon any public highway or alley.
The provisions of this section do not prohibit the operator of any vehicle which is disabled while upon any public highway or alley to such extent that it is impossible to avoid stopping from making or causing to be made t he repairs necessary to enable the vehicle to be removed from the public highway or alley. [Ord. 21- 2003 §§ 2, 4; Ord. 20- 2003 §§ 2, 4; SCC 703 § 81, 1960].
10.32.070 Railway gates.
No person shall drive any vehicle around or under any crossing gate or bar rier at a railroad grade crossing while the gate or barrier is closed or is being opened or closed. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 82, 1960].
10.32.080 Trains not to block crossings.
It is unlawful for any person to cause or permit any railway train or railway cars, or similar vehicle on rails, to operate or to be operated in such a manner as to prevent the use of any highway for the purpose of travel for a period of time longer than 10 minutes, except that this provision does not apply to railway trains, cars or similar vehicles on rails while blocking or obstructing a crossing because of an accident which requires the operator of a train, car or similar vehicle on rails to stop at or near the scene of the accident. [Ord. 21 -2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 972 § 1, 1968; SCC 703 § 83, 1960].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.36 EMERGENCY VEHICLES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 10.36
EMERGENCY VEHICLES
Sections:
10.36.010 Definitions.
10.36.040 Approaching scene of emergency.
10.36.050 Parking near scene of emergency.
10.36.060 Assembling near scene of emergency.
10.36.070 Exemptions.
10.36.080 Penalty for violation.
10.36.010 Definitions.
As used in this chapter, the following words and phrases have the meanings herein set forth:
“Authorized emergency vehicle” means all authorized emergency vehicles as defined in Division 1 of the Vehicle Code.
“Private road or driveway” means a private road or driveway as defined in Section 490 of the Vehicle Code. “Public highway” means any highway, road, street, way or place open to the use of the public for purposes of vehicular travel.
“Vehicle” means a device in, upon or by which any person or property is or may be propelled, moved or drawn upon a public highway, including a bicycle or such other vehicle of propulsion moved by human power. [Ord. 38- 2007 § 1 (Exh. 1(G)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 389 § 1, 1951].
10.36.040 Approaching scene of emergency.
It is unlawful for any person to operate any vehicle upon the public highways or any private road or driveway so as to approach within 1,000 feet of any authorized emergency vehicle when such authorized emergency vehicle is engaged in extinguishing fire or when the authorized emergency vehicle is actively engaged at the scene of any bombing, act of sabotage, accident, explosion, flood, riot, earthquake or any emergency. [Ord. 21 -2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 389 § 4, 1951].
10.36.050 Parking near scene of emergency.
It is unlawful for any person to park, stop or abandon any vehicle within 1,000 feet of any authorized emergency vehicle when the authorized emergency vehicle is actively engaged at the scene of any bombing, act of sabotage, accident, explosion, flood, riot, earthquake or any emergency. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 389 § 5, 1951].
10.36.060 Assembling near scene of emergency.
It is unlawful for any person or persons to gather, collect, assemble or congregate within 1,000 feet of the scene of any fire, bombing, act of sabotage, accident, explosion, flood, riot, earthquake or any emergency when any authorized emergency vehicle is actively engaged thereat. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 389 § 6, 1951].
10.36.070 Exemptions.
The provisions of this chapter do not apply to the following persons:
A. All authorized emergency vehicles, as defined herein, and persons operating the same; B. Any person or persons lawfully ordered to do otherwise by any public offi cer or fireman. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 389 § 7, 1951].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.36 EMERGENCY VEHICLES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
10.36.080 Penalty for violation.
Any person who violates any provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by fine of not exceeding $300.00 or by imprisonment in the county jail, not exceeding three months, or by both such fine or imprisonment. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 389 § 8, 1951].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova Municipal Code
Chapter 10.40 TRUCK ROUTES
The Rancho Cordova Municipal Code is current through Ordinance 29-2022, passed November 7, 2022.
Chapter 10.40
TRUCK ROUTES
Sections:
10.40.010 Establishing weight limits.
10.40.020 Exceptions.
10.40.030 Designation.
10.40.010 Establishing weight limits.
The Director is authorized to designate certain highways or parts thereof upon which the operation of commercial vehicles shall be prohibited as follows:
A. On a highway that is unimproved as the word “unimproved” is used in Section 35706 of the Vehicle Code and the nature of the pavement or surface is such that it will be injured if vehicles of over a certain gross weight are permitted to operate thereon; the director shall erect signs specifying the weight which the Director finds should be prohibited;
B. Whenever the Director finds that the use of any street, road, or highway located in the C ity of Rancho Cordova by any commercial vehicle exceeding a gross weight of 14,000 pounds would not be in the best public interest or would be unsafe, and such street, road, or highway may be limited as to use in accordance with Section 35701 of the Vehicle Code, the Director shall erect appropriate signs; C. Whenever any structure of a bridge on a highway on which no weight limit has been imposed is such that it is unsafe for the vehicles over a certain weight to use the bridge, and whenever the D irector finds that the structure of a bridge on a highway on which a weight limit has been imposed is such that the use of vehicles over a certain weight which is less than the weight limit on such highway would be unsafe, the D irector shall erect appropriate weight limit signs at both entrances to such bridges as provided in this title; D. Wherever the Director finds that the use of any highway by a commercial vehicle exceeding a gross weight of three tons would not be in the best public interest or would be unsafe or would create undue hazards to local traffic, the Director may erect appropriate signs prohibiting commercial vehicles as provided in Section 21100 of the Vehicle Code;
E. The Director may issue a permit for the operation of vehicles on City highways that are in excess of the maximum load or size as specified in the Vehicle Code. The permit shall specify the description of the vehicle and shall be subject to such conditions as are deemed advisable in accordance with prevailing traffic conditions on the highway to be used;
F. When signs are in place giving notice of any of the provisions of this section, no person shall disobey the directions or provisions posted on the sign. [Ord. 38-2007 § 1 (Exh. 1(A), (G)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 84, 1960].
10.40.020 Exceptions.
Nothing in this chapter shall prohibit the operator of any vehicle exceeding the maximum gross weight of three tons coming from a truck route having ingress and egress by direct route to and from restricted streets, when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has been previously obtained. The provisions of this chapter do not apply to a passenger bus under the jurisdiction of the public utilities commission, or owned by a bus company licensed by the City, or to any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility or any vehicle owned by the City while necessarily in use in the construction, installation or repair of a City utility or street. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 703 § 85, 1960].
ITEM 11.3.
ATTACHMENT 2
Exhibit A to the Ordinance