Title 8
Chapters:
8.04
Food-Handling Establishments
8.08 Garbage
8.12 Fireworks
8.20
Distribution of Handbills
8.24 Public
Nuisance
8.28 Tree
Cutting on Private and Public Property
Chapter 8.04
FOOD-HANDLING ESTABLISHMENTS
Sections:
8.04.010
Definitions.
8.04.020
Certificate——Required.
8.04.030
Certificate——Issuance restrictions--Expiration--Not transferable.
8.04.040 Inspections.
8.04.050
Certificate——suspension or revocation.
8.04.060 Penalty for violation.
8.04.010 Definitions. As used in this chapter,
the following definitions shall apply:
A.
“Employee” means any person working in a food establishment, whether with or
without pay, who handles food during any phase of its storage, preparation,
manufacture, distribution, serving or display, or who comes in contact with
food equipment, utensils or machinery. The owner of a food establishment, if
engaged in food handling, is subject to the same requirements as any other
person so engaged.
B.
“Food” means all articles used for human consumption as food, drink,
confectionery or condiment, whether simple or compound.
C.
“Food establishment” means any restaurant, including an “itinerant restaurant,”
“vehicle” and “vending machine” (as defined in chapter ii, commencing with
Section 28520, of Division 11 of the Health and Safety Code of the state of
California) , bakery (as defined in Chapter 6, commencing with Section 28190,
of Division 21 of the Health and Safety Code of the state of California) ,
“distributing or storage establishment” (including but not limited to the
licensed premises or branch office of a wine grower, brandy manufacturer or
wine blender, subject to the provisions of Chapter 7, commencing with Section
28280, of Division 21 of the Health and Safety Code of the state of California)
, or a “locker plant” (subject to the provisions of Chapter 12, commencing with
Section 28700, of Division 21 of the Health and Safety Code of the state of
California), “health facilities” (subject to the provisions of Chapter 2,
commencing with Section 1400, and 3, commencing with Section 1500, of Division
2 of the Health and Safety Code of the state of California) , or official “meat
establishment” (subject to the provisions of the Agricultural Code)
D.
“Health officer” means the health officer of
E.
“Person” means an individual, firm, corporation, partnership, club, association
or organization.
8.04.020 Certificate——Required.
It shall be unlawful for any person to operate any food establishment within the
incorporated city without a valid certificate issued by the county health
officer or his authorized representative. Such certificate shall be displayed
prominently in the place of business for which it is issued.
8.04.030 Certificate——Issuance
restrictions—-Expiration——Not transferable. A. No certificate to operate a
place of business subject to the provisions of this chapter shall be issued
until all of the provisions of this chapter and of the California Restaurant
Act, and all rules and regulations of the State Board of Public Health, have
been complied with. Further, no certificate to operate shall be issued until
there is presented to the county health officer satisfactory evidence that all
employees of the establishment have had at least minifilm
x—rays of the chest within the preceding twelve months and have been found free
of any infectious disease in a communicable stage.
B.
Such certificates shall expire six months after date of issuance.
C.
A certificate is not transferable upon change of ownership of a food
establishment.
8.04.040 Inspections. Inspections under this
chapter shall be based upon provisions of the California Restaurant Act and on
rules and regulations of the State Board of Public Health and subsequent
modification thereof.
8.04.050 Certificate——Suspension
or Revocation. A certificate may be suspended by the health officer for
violations of any provision of this chapter but not until after the holder has
been given an opportunity for a hearing before the health officer. After the
hearing a reasonable time shall be allowed by the health officer for correction
of the violations. During that correctional period the certificate may be
suspended; and the food establishment may be ordered closed during the
suspension if the health officer deems such action necessary for the protection
of the public health. The suspension shall be lifted if full compliance with
sanitary requirements is obtained at the end of the time allowed; if compliance
is not obtained, the certificate shall then be revoked.
8.04.060 Penalty for violation. Any person who operated a
food establishment within the incorporated area of the city without a valid
certificate from the county health officer is guilty of a misdemeanor. Each
offense may be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment in
the county jail for a term not to exceed six months, or by both such fine and
imprisonment.
Chapter 8.08
GARBAGE
Sections:
8.08.010 Definitions.
8.08.020
Compliance required.
8.O8.030 Accumulation of garbage——Receptacles.
8.08.040
Accumulation of rubbish and waste matter——Receptacles.
8.08.050 Collection along lane or road.
8.08.060 Disposal—-Restrictions.
8.08.080
Disposal—-Weekly emptying required.
8.08.090
Scavenger’s permit——Required.
8.08.100
Scavenger’s permit——Issuance.
8.08.110
Scavenger’s permit——Revocation.
8.08.120
Scavenger--Report required.
8.08.130 Collection vehicles--Minimum
specifications.
8.08.140 Collection vehicles--Daily cleaning.
8.08.150
Noise restriction--Removal required.
8.08.160
Dropping or spilling prohibited.
8.08.170 Rates.
8.08.180 Scavenger--Imposition of business license
fees.
8.08.190 Scavenger--Contract with city.
8.08.200 Enforcement.
8.08.210 Penalty for violation.
8.08.010 Definitions. For the purposes of this
chapter the following words and phrases, when used in this chapter, shall have
the following meanings:
A.
“Garbage” consists of dead animal of not more than twenty pounds weight each,
and of every accumulation of animal, vegetable and other matter that attends or
results from the preparation, consumption, decay or dealing in, or storage of,
meats, fish, fowl, birds, fruits or vegetables, or other food products.
“Garbage” also includes manure.
B.
“Rubbish” consists of woods, leaves, branches, shrub trimmings, chips,
shavings, woodenware, printed matter, paper, grass, cloth, straw, hay, leather,
felt, plastic and all other combustible matter not included in the definition
of garbage.
C.
“Scavenger” means any person holding a permit from the city to engage in the
occupation of collecting and disposing of garbage, rubbish and waste matter in
the city in consideration of the payment to him of the charges for scavenger
service, as provided in Section 8.08.170.
D.
“Waste matter” consists of bottles, cans, crockery, screenwire,
china, glass, glassware, ashes, cinders, shells and all other noncombustible
material.
8.08.020 Compliance required.
It is unlawful for any person in the city to accumulate, remove or dispose of garbage,
rubbish or waste matter, as defined in this chapter, except in accordance with
the provisions of this chapter.
8.08.030 Accumulation of
garbage--Receptacles. A. It is unlawful for a tenant, lessee or
occupant of a private or other dwelling house or building, or mobile home or
duplex, or the keeper of a hotel, motel, restaurant, eating house,
boardinghouse or other building where meals or food are furnished, or the owner
of a furnished flat or apartment house or a mobile home or mobile home park, or
any person or place having garbage in the city to fail to provide upon the
premises, and at all times to keep and maintain within the building or on the
lot on which the building is situated, suitable and sufficient water-tight
metal or plastic cans or receptacles with suitable bails or handles, each can
having a capacity of not less than ten gallons nor more than ninety-five
gallons, each having tight-fitting lids, for receiving and holding
without leakage or escape of odors, and without being filled to within four
inches or less of the top, all of the garbage which would ordinarily accumulate
on the premises in one week’s time. The cans or receptacles shall be located so
that the same are readily accessible for removing and emptying the material
therein and on collection days, such garbage cans or receptacles be located at
the curb, edge of the road or street or a City authorized alley,
affording the garbage truck usual reasonable access to the premises, and shall,
in any event, be located in an easily accessible location so as not to require
the collector or collectors to move such cans or receptacles,
when full, from the right-of-way edge to the collection vehicle. Exceptions to
this provision for the elderly or handicapped may be arranged upon submission
of a written request to the office of the city administrator.
B.
Garbage cans or receptacles must be furnished in the minimum number of one per
resident family.
C. It shall also be unlawful for any person to fail to place such cans
or receptacles so that the bottom thereof will be at least two inches above a
well—drained surface, or so that the cans or receptacles are placed entirely
beneath the surface of the ground and concrete forms made particularly for such
purpose; or to place the same where they will not be a nuisance to any other
person or to the public, or to any degree be offensive.
8.08.040 Accumulation
of rubbish and waste matter--Receptacles. A. It is unlawful for a tenant, lessee or
occupant of a private or other dwelling house or building, or mobile home or
duplex, motel, restaurant, eating house, boardinghouse or other building where
rubbish or waste matter accumulates in the city, or the owner of a furnished
flat, or apartment house or mobile home park, or any person having trash in the
city to fail to provide, upon the premises, and at all times to maintain
suitable and sufficient enclosed metal or plastic cans or receptacles with
suitable bails or handles, each can or receptacle having a capacity of not more
than ninety-five
gallons, and having tight-fitting lids sufficient to hold the rubbish or
waste matter that would ordinarily accumulate on such premises in one week’s
time. It shall also be unlawful for any person to fail to place all rubbish or
waste matter accumulated on the premises in such cans or place such cans or
receptacles so that they are readily accessible for the removal of rubbish or
waste matter therein, but on collection days, such cans or receptacles shall be
located at the curb, edge of the road or street or a City authorized
alley, affording the garbage truck usual reasonable access to the premises, and
they shall, in any event, be located so as not to require the collector or
collectors to move such cans or receptacles, when full, from the
right-of-way edge to the collection vehicle.
Exceptions to this provision for the elderly or handicapped may be
arranged upon submission of a written request to the office of the city
administrator.
B.
Rubbish or waste matter not easily placed in containers must be neatly tied in
bundles with a maximum length of three feet and a maximum diameter of two feet.
Residential rubbish or garbage may be combined in the same receptacles.
C.
Commercial or industrial rubbish and waste matter produced in large quantities
may be stored for collection in larger enclosed metal or wooden receptacles and
be equipped with suitable lids or covers.
D. Rubbish and waste matter, as defined in this chapter, shall not be placed, disposed of or otherwise accumulated and commingled in the same receptacles.
8.08.050 Collection
along lane or road. Any person, firm or corporation maintaining
a home, place of business or industrial establishment, access whereto is had by
a private lane or roadway reasonably sufficient for the safe passage of the
garbage collector’s truck, may keep and locate the garbage cans or receptacles
provided for in Sections 8.08.030 and 8.08.040 at an easily accessible location
at the edge of such lane or road, but shall pay, in addition to
all other rates and charges payable for garbage collection service, a rate or
charge to be fixed by resolution of the city council.
8.08.060 Disposal——Restrictions.
A. It is unlawful for any person to dispose of any garbage, rubbish or waste
matter originating in the city, other than at a disposal area designated by the
city council, excepting that the same may be placed in receptacles as provided
by Section 8.08.030 and 8.04.040, provided that the same are emptied and the
contents thereof removed and disposed of when filled within four inches of the
top and, in any event, at least once a week as provided by Section 8.08.080.
B.
No garbage, rubbish or waste matter shall be disposed of in unincorporated
territory within four hundred yards of the corporate limits of the city, except
at the designated dump site.
C.
The city council shall be the judge of the sufficiency and sanitary condition
of all garbage, rubbish and waste-matter containers.
8.08.070 (repealed).
8.08.080 Disposal——Weekly
emptying required. It is unlawful in the city for a person not to have each
and every can, box, barrel or other receptacle used for the accumulation of
garbage, rubbish or waste matter emptied and the contents thereof removed from
the premises and disposed of, as provided in this chapter, when any of the
receptacles are filled to within four inches of the top and, in any event, it
is unlawful for a person not to have each and all of the receptacles emptied
and the contents thereof so removed and disposed of at least once each week.
8.08.090 Scavenger’s permit——Required. It shall be the duty of every scavenger in the
city to first obtain a permit from the city as provided in Section 8.08.100,
authorizing such scavenger to engage in the occupation of a scavenger in the
city.
8.08.100 Scavenger’s
permit——Issuance. The city council is authorized to issue a permit, upon
proper application therefor, to any person applying
for permission to engage in the occupation of a scavenger in the city.
Application
blanks for such permit shall be made available in the office of the city clerk.
The
city council shall have the authority to approve or reject any application for
such permit, and shall have the further authority to limit the number of such
permits issued to such number as the city council, in exercise of its
discretion, deems necessary.
8.08.110 Scavenger’s permit--Revocation. The permit of any scavenger
may be revoked for persistent and repeated failure on his part to properly
collect garbage, rubbish and waste matter, or for charging for the collection
of the same in excess of the rates fixed by the city council. It shall be
unlawful for any scavenger whose permit has been revoked to collect garbage, rubbish and waste matter within the city, provided
that no permit shall be revoked except upon a hearing before the city council,
upon three days’ previous notice in writing given to such scavenger.
8.08.120 Scavenger——Report
required. It shall be the duty of every scavenger to make an affidavit upon
the first day of January, April, July and October of each year as to the number
of customers being served by him within the city, and to file such affidavit on
those dates with the city clerk.
8.08.130 Collection vehicles——Minimum specifications. It shall be unlawful for
any scavenger to use any truck or other vehicle for the removal and
transportation of any garbage, rubbish or waste matter from any premises within
the city unless the same first has been approved by the city council and
conforms to the following minimum specifications:
A.
Collection vehicles may be of two types:
1. Enclosed or covered body trucks,
2. Packer or mechanical compaction type
trucks, of a type approved by the city council, excepting that, two years from July
1, 1961, only packer or compaction type collection vehicles will be acceptable
to the city, and open body trucks may be used for bulky material, large objects
or material impossible to collect with a packer or mechanical compaction unit.
B.
Each collection vehicle must be painted such color as is designated by
resolution of the city council or by contract entered into with the city upon
authorization of the city council.
C.
Each collection vehicle must be maintained in a clean, sanitary, well painted and
mechanically safe condition. It shall be inspected twice yearly without prior
notice by authorized representatives of the city council.
D.
The portion of each collection vehicle in which garbage, rubbish or waste
matter is placed for transportation shall be constructed in such manner that
the same shall be water—tight so that no leakage or odor can escape therefrom. Doors to such vehicle bodies shall be kept
closed at all times except when garbage, rubbish or waste matter is actually
being loaded or unloaded.
8.08.140 Collection
vehicles——Daily cleaning. It shall be unlawful for any scavenger to use any
vehicle on the streets of the city for the purpose of collecting and
transporting garbage, rubbish and waste matter unless the same has been cleansed
once daily after the completion of each day’s haul by scraping the interior and
washing the same with water so as to be reasonably clean and give forth no
noisome odors. The condition of each such vehicle shall at all times be subject
to inspection and approval by representatives of the city council.
8.08.150 Noise
restriction-—Removal required. A. It
shall be unlawful for any scavenger or garbage collector to empty or remove the
contents of such cans or receptacles as are used for the accumulation of
garbage, rubbish or waste matter in such manner as will create unnecessary
noise in any residential area or from any motel or hotel before
four a.m.
B. All garbage, rubbish and waste matter shall be
removed from the cans or receptacles used for the accumulation of the same and
from the premises on which the same are located in the manner provided by
Section 8.08.130.
3.08.160 Dropping or spilling
prohibited. It shall be unlawful for any scavenger to allow any garbage,
rubbish and waste matter to spill, drop, fall or
remain on the ground or any other place.
3.08.170 Rates. The city council, from time to time, shall
establish by resolution the maximum rates or charges that may be charged by
scavengers for the collection of garbage, rubbish and waste matter within the
city. The current schedules of rates so fixed by the city council shall be at
all times on file in the office of the city clerk, and a copy thereof shall be
available to each scavenger. It shall be unlawful for any scavenger to charge a
rate in excess of that so fixed by the city council.
8.08.180 Scavenger——Imposition of
business license fees. Nothing in this chapter shall be construed to
prohibit the city council from imposing a business license fee on scavengers,
or to receive such scavengers from the payment of such fees which the city
council may impose from time to time for revenue or regulation purposes.
8.08.190 Scavenger-—Contract with
city. A. The city council is authorized to enter into a contract on behalf
of the city with one or more persons, firms or corporations for the collection
of all garbage, rubbish and waste matter in the city upon such terms and
conditions as the council determines will be for the best interest of the city.
B.
In the event such contract is let, it shall he unlawful for any person, firm or
corporation other than persons in the employ of such contractor, or
contractors, to collect for pay, or other consideration, any garbage, rubbish
and waste matter within the city, except that any firm or corporation producing
not less than fifty gallons per week of clean garbage suitable for hoqs or other domestic animals may contract for the removal
of such garbage outside the city; provided, further, that the same shall all be
done upon a permit issued by the chief administrative officer of the city after
determining that the applicant is properly equipped to remove such garbage.
C.
Such contractor, in addition to meeting all the other requirements of this chapter,
shall agree to, and such contract shall require, that he do the following:
1. Prepare and submit to the city
administrator, for approval, collection and disposal routes and schedules
showing the days of collection of each route;
2. Require all employees to wear uniforms of
a type and color approved by the city and require such employees to maintain
the same in a good state of repair and a clean condition;
3. To employ only personnel approved by the
city and to dismiss the employee who violates the conditions of this chapter or
is negligent and discourteous to the performance of his duties when requested
to perform such duties by the city administrator;
4. To collect garbage and rubbish not less
than one day a week from all commercial establishments dealing with meat, fish,
game or vegetables, and not less often than two days a week from any hotel,
restaurant or hospital and from such other place as the city administrator may
order in writing.
D.
Notwithstanding anything contained in this section to the contrary, any
individual shall have the right to remove or haul or dispose of garbage,
rubbish and waste matter produced or accumulated upon premises owned by such
individual or in such individual’s possession, but such individual must nevertheless
pay, in any event, the regular monthly fixed charge set by the city council for
scavenger service, whether such service is used or not used.
The
monthly fixed charge for scavenger service set by the city council, at the will
of the city council, for good cause shown, may be waived for public and
quasi—public agencies. The council, in waiving such fees, may impose reasonable
conditions in conjunction therewith, and such waiver, at the will of the city
council, may be revoked at any time. Such request for waiver shall be in
writing to the city council and shall be considered at a regularly scheduled
meeting of the city council.
8.08.200 Enforcement. It shall be the duty of the
city administrator to enforce the provisions of this chapter.
8.08.210 Penalty for violation. Any person violating any of
the provisions of this chapter is guilty of an infraction. Every violation is
punishable by a fine not exceeding twenty—five dollars for a first violation; a
fine not exceeding fifty dollars for a second violation of the same section
within one year; and a fine not exceeding one hundred dollars for each
additional violation of the same section within one year.
Chapter 8.12
FIREWOKKS
Sections:
8.12.010
Definitions
8.12.020
Prohibition/Permits
8.12.030 Review of Permit Application(s).
8.12.040 Permit Regulations/Conditions.
8.12.050
Fireworks Stands.
8.12.010 Definitions. For the purposes of this
chapter the following words and phrases, when used in this chapter, shall have
the following meanings:
A.
“Fireworks” means blank cartridges, toy pistols, toy cannons, toy canes, or toy
guns in which explosives are used, fire balloons (i.e., balloons of a type
which have burning material of any kind attached thereto or which require fire
underneath said balloon to propel said balloon), firecrackers, torpedoes, sky
rockets, Roman candles, Daygo bombs, sparklers, or
any other item or thing like construction, and any other item or thing
containing any combustible or explosive substance for the purpose of producing
a visible or audible effect by combustion, explosion, deflagration, or
detonation, but does not include pistols, toy canes, toy guns, or other similar
devices (i.e., “cap guns”) in which paper caps containing not more than
twenty—five hundredths (.25) grain of explosive compound per cap are used.
B.
“Dangerous fireworks” means every fireworks article that does not bear the
“safe and sane” classification label of the State Fire Marshal.
C.
“Safe and sane fire works” shall include only those fireworks articles that
have been classified and registered as “safe and sane” by the State Fire
Marshal.
8.12.020 Prohibition—Permits.
A. Possession or Storage of Dangerous Fireworks Prohibited. It shall be
unlawful for any person in the city to sell, possess, keep or store or permit
the keeping or storing of any dangerous fireworks.
B.
Fireworks Permit—When Required. No person, without having a
valid fireworks permit issued by the city pursuant to this section shall
do any of the following:
1. Import, export, possess for the purpose of
sale, offer for sale or sell any fireworks for any purpose including
agricultural purposes or wild life control.
2. Make a public display of fireworks in any
place.
3. Transport fireworks, except in accordance
with the State Fireworks Law.
C.
Issuance of Fireworks Permit—Requirements. A fireworks permit shall be issued
only to such applicants, who meet both the following qualifications:
1. A non profit, charitable, religious or
eleemosynary corporation or association organized and existing primarily for
charitable or civic betterment purposes in conjunction with youth—oriented
activities; and
2. Said corporation or association has its
principal and permanent meeting place in the city and has been organized and established
in the city for a period of at least two years prior to the date application is
made for a fireworks permit.
D.
Application for Fireworks Permit.
1. Fee. Any person desiring to sell “safe and
sane” fireworks shall make application to the city clerk for a fireworks
permit. Each applicant shall pay to the city clerk a fee of one hundred dollars
at the time of filing an application. In the event no fireworks permit is
issued by the city, the city clerk shall refund the applicants fee.
2. Information Required. Each applicant for
such permit shall file his application with the city clerk. Each application
shall show the following:
a. Name and address of applicant.
b. The applicant’s status as a non profit,
charitable, religious or eleemosynary corporation or association.
c. The purpose for which the applicant is primarily existing and for which it was organized, and
its relationship to youth activities in the city of
d. The name and addresses of the officers,
if any, of the applicant.
e. The location of the applicant’s
principal and permanent meeting place.
f. When and how the applicant will sell
fireworks.
g. The location of the applicant’s
principal and permanent meeting place.
h. The name, address, and State Fire
Marshal’s license number of any wholesaler or distributor from whom the
retailer proposes to purchase fireworks for resale, if known.
i. The
applicant’s State Board of Equalization Sales Tax permit
number.
j. The manner, method and times, when and
how the applicant proposes to sell “safe and sane” fireworks.
k. Such other information as the city
administrator may require to make his/her
investigation into the property of granting said proposed permit.
l. Appropriate information regarding
insurance coverage as articulated in Section 8.12.040 D.
F.
Investigation of Application. The city administrator, or his/her designee,
shall cause an investigation to be made of each application and shall submit a
report of his/her findings an recommendations for or
against the issuance of a permit, together with its reasons therefore, to the
city council.
8.12.030 Review of permit
application(s). A. The city council shall have the discretion to grant or
deny any application, subject to such reasonable conditions, if any, as it
shall prescribe.
B.
The number of fireworks permits issued each year pursuant to this section shall
be limited to two such permits. Any successful applicant may be required to share
the rights granted by any such permit with another applicant. The limited
number of applicants is intended to coincide with a limit to the number of
fireworks stands permitted in any one season, such limit being two stands, one
situated in a northern location within the city, and one situated in a southern
location. The method and manner of selecting those applicants who shall be
issued fireworks permits shall be in the method or manner that the city council
in its discretion shall determine is reasonable or necessary (i.e., lottery
system, or rotation system). Any applicant wishing to appeal the denial of any
permit application shall make such appeal to the city council.
C.
The provisions of paragraph B above shall not be applied so as to deny the issuance
of a fireworks permit to any applicant who received a valid fireworks permit.
However, any permit issued pursuant to the exception granted by this paragraph
C shall be counted in computing the number of permits issuable pursuant to the
provisions of paragraph B.
8.12.040 Permit regulations Conditions. A. Permit Regulations. Only
one permit shall be issued to any applicant, and said permit shall be valid
only for the premises or location for which issued. No permit shall be
transferable, assignable or renewable.
B.
Time for Filing of Application. Each application for a permit to sell “safe and
sane” fireworks at retail shall be filed with the city clerk on or before
February 1 of the calendar year for which the permit is sought.
C.
Permit Authorizes the
D.
Policy of Public Liability Insurance Reguired.
Each applicant for a fireworks permit shall have filed with the city clerk
prior to the issuance of any permit a policy of public liability insurance with
coverage of at least one million dollars combined single limit coverage or a certificate
showing said amount of insurance. Each policy shall contain a rider and/or
“additional insured endorsement” therein listing and carrying the city of Weed
as an additional assured under said policy.
E.
Hours of Sales Regulated. No “safe and sane” fireworks shall be sold or
offered for sale except from noon on June 28th to noon on July 6th of each year
F.
Days when Fireworks may be Discharged. It is
unlawful for any person, firm or corporation to discharge any fireworks in any
area of the city on any days except the thirty first of December, first of
January and the third, fourth and fifth of July each year, unless authorized in
writing by city council.
G.
Compliance with State Laws Required. It shall be the duty of every
person issued a fireworks permit to comply with all the provisions of the State
Fireworks Law and the Rules and Regulations of the State Fire Marshal. The
violation of the aforesaid State Fireworks Law or Rules and Regulations or any
of the provisions of this section by the permittee,
or any of its agents, employees, or officers shall constitute cause, in and of
itself, to deny any subsequent application for a permit.
8.12.050 Fireworks stands.
All retail “safe and sane” fireworks shall be permitted only from within a
temporary fireworks stand, and the sale from any other building or structure is
hereby prohibited.
Temporary
stands shall be subject to the following provisions:
A.
No fireworks stand shall be located within twenty-five feet
of any other building nor within three hundred feet of any gasoline
station.
B.
All stands shall meet the structural stability requirements of the building
ordinance of the city, and all lighting circuits and other electrical equipment
shall meet the requirements of the electrical ordinance of the city.
C.
No stand shall have a floor area in excess of seven hundred fifty square feet.
D.
Stands shall have exit doors at least thirty inches in width at both ends of
the structure and one additional door for each twenty—five feet of rear wall in
excess of twenty—five feet. All doors shall open outward from the stand and all
doorways shall be kept free and clear from all supplies and materials at all
times.
E.
Each stand shall be provided two and one half gallon “soda and acid” type fire
extinguishers, in good working order and easily accessible for use in case of
fire. For every twenty—five feet of rear wall there shall be also a three
gallon water bucket filled with water and containing immersed therein a
gunnysack.
F.
There shall be at least one salesperson, eighteen years of age or older, on
duty at all times. No person under the age of eighteen shall be allowed to
sell, or handle for sale, any fireworks. No person under fourteen years of age
shall be allowed inside the stand at any time.
G.
No person employed as a watchman shall be permitted to remain inside of any
stand when it is not open for business.
H.
“NO SMOKING” signs shall be prominently displayed, both inside and outside the
stand. No smoking shall be permitted within the stand or within fifteen feet of
the stand.
I.
No stand shall be erected before June 15 of any year. The premises on which the
stand is erected shall be cleared of all structures and debris not later than
noon of July 8.
J.
No fireworks shall be discharged in or within twenty—five feet of any fireworks
stands.
K.
No person shall allow any rubbish to accumulate in or around any fireworks
stand or permit a fire nuisance to exist.
L.
No fireworks shall remain unattended at any time regardless of whether the
fireworks stand is open for business or not. If any fireworks are stored they
shall only be stored at such places as are approved for storage of fireworks by
the State Wire Marshal.
M.
Only one fireworks stand shall be permitted on any one parcel of land except
that if said parcel of land is eighty thousand square feet or more in size,
then in that event one fireworks stand for every thousand square feet of land
in said parcel may be permitted. However, in no event shall more than three
fireworks stands be permitted as to any one parcel of land.
N.
Any person who receives a notice to correct any violation of these regulations
or any other condition of the permit, and who fails to correct such violation
within the time prescribed in the notice, may be assessed a fee not exceeding
the city’s cost of re—inspection.
O.
All weeds and combustible material shall be cleared from the location of the
stand, including a distance of at least twenty feet surrounding the stand.
Chapter 8.20
DISTRIBUTION OF HANDBILLS
Sections:
8.20.010 Purpose and intent.
8.20.020 Obedience to signs.
8.20.030
Obedience to refusal of consent filed with city clerk.
8.20.040 Obedience to notice.
8.20.050 Method of distribution.
8.20.060 Littering.
8.20.070
Aiding and abetting prohibited.
8.20.080 Exemptions.
8.20.090
Use of receptacles provided for the receipt of
8.20.010 Purpose and intent.
The city council finds, determines and declares that:
A.
Consent. The practice of distributing, castinq,
throwing, and otherwise placing, newspapers, magazines, handbills, and other
papers on private residential property against the express wishes of the owner,
or of an adult occupant, thereof, or of a person authorized by such owner or
occupant to deny such consent, creates a serious police problem and a threat to
the public safety and welfare in that, against the wishes of the owner or
occupant, such property will be cluttered with an accumulation of such material
and the absence of the owner or occupant will be inadvertently advertised to
persons of dissolute or criminal propensities and the probability of criminal
activities on such property will be increased so that more intensified police
patrolling of such property will then be necessary, all of which is detrimental
to the peace, safety and welfare of the public.
B.
Vehicles and Public Places. The practice of distributing and depositing,
placing, throwing, scattering and casting newspapers, magazines, handbills and
other papers in or upon motor vehicles and in and upon the public street and in
public places, except to persons who are willing to receive the same, creates a
serious police problem and a threat to the public safety in that such material
is permitted to fall, and is thrown, upon parking areas, public streets and public
places and is blown about and accumulates as trash and creates fire hazards and
an unsightly condition and requires extra expense to remove such trash.
C.
Aiding and Abetting. The practice of causing and permitting the practices
outlined in subsections A and B above by employees, agents and contractors
creates Serious problems and threats to the public safety and welfare in that
such causing and permitting of the said practices provides the inducement and
consideration for the continuance thereof and constitute the source thereof.
D.
Need of Law. The public interest, convenience and necessity require the removal
of, and this chapter is enacted to remove, said police problems and threats to
the public health, safety and welfare and require the protection of, and this
chapter is enacted to protect the People against the nuisance of, and incident
to, the promiscuous distribution of newspapers, magazines, handbills, and
circulars on private residential property, on vehicles and in public places.
8.20.020 Obedience to signs.
It is unlawful for any person to distribute, cast, throw, scatter, deposit or
otherwise place any newspaper, magazine, handbill, pamphlet, circular, dodger,
announcement, or any other paper, for which no charge is made to the recipient
thereof pursuant to contract, and which is not a discarded, used, or leftover
substance, at any place on the grounds, yards, lawns, driveways, steps,
porches, or in front of, or upon the front entry door or doorknob of any
single—family residential building, or of any residential building having more
than one dwelling unit, or in any entry or hallway or on any stairs, or at or
upon the front entry door or doorknob of any dwelling unit in any such multiple
unit residential building, in the city, at any time there is a rectangular sign
of any overall dimension Of not less than two inches by four inches affixed on
the outside and within one foot of the front entry door, of any such building,
or in the case of a dwelling unit in such a multiple unit residential building,
within two inches of the front entry door of such dwelling unit, containing the
words “No Circulars,” “No Handbills,” “No Papers,” or any other words, in
letters no less than three—eighths of an inch wide and one—half of an inch
high, indicating that the owner, manager or occupant of such dwelling unit or
building desires to have no such newspapers, magazines, handbills, pamphlets,
circulars, dodgers, announcements, or other papers, left upon such premises.
Such a sign on such a multiple unit residential building shall not apply to the
front entry door of any dwellin9 unit in such a building. Such a
sign at the front entry door of any dwelling unit in such a building shall
apply only to the dwelling unit thereof at which such a sign is affixed. Such
signs are permitted notwithstanding, and without compliance with, any other
provision of the Weed Municipal Code. Any such sign larger than three inches by
six inches is prohibited.
8.20.030 Obedience to refusal of
consent filed with city clerk. It is unlawful for any person to distribute
cast, throw, scatter, deposit or otherwise place any newspaper, magazine,
handbill pamphlet, circular, dodger, announcement, or any other paper, for
which no charge is made to the recipient thereof pursuant to contract, and which
is not a discarded, used, or leftover substance, at any place on the grounds,
yards, lawns, driveways, steps, porches, or in front of, or upon the front
entry door, or doorknob of any single—family residential building, or of any
residential building having more than one dwelling unit, or in any entry or
hallway or on any stairs, or at, or upon the front entry door, or doorknob of
any dwelling unit, in any such multiple unit residential building, in the city,
at any time there is on file in the office of the city clerk an affidavit or a
declaration under penalty of perjury that the person subscribing the same is an
owner, manager or occupant of such building or dwelling unit described therein
and stating that such person refuses consent for any of said items to be left
at the place so described. Such an affidavit or declaration may be filed with
the city clerk without charge at any time and upon the filing thereof the same
shall be open to inspection by the public and effective at midnight of the day after
such filing. It may be revoked by filing with the city clerk a written
statement signed by such person or by an affidavit or declaration under the
penalty of perjury that such person is no longer an owner, manager, or occupant
of the building or dwelling unit described therein. Such revocation may be
filed with the city clerk at any time without charge and shall be effective
upon such filing. Any such refusal of consent filed with the signature of an
owner or manager of, and any such revocation pertaining to, such a multiple
unit residential building shall not apply to the front entry door of any
dwelling unit in such a building. Any such refusal of consent filed with the
signature of an owner or occupant of, and any such revocation pertaining to, a
dwelling unit in such a building shall apply only to the dwelling unit owned or
occupied by such person or to which such revocation pertains. No such refusal
of consent shall be effective after the person who signed it has ceased to be
an owner, manager or occupant of the premises described in such refusal of
consent. No person shall leave any such an item at any such a place in the
city, unless such person has examined within twenty—four hours prior thereto
all refusals of consent filed-with the city clerk.
8.20.040 Obedience to notice.
It is unlawful for any person to distribute, cast, throw, scatter, deposit, or
otherwise place any newspaper, magazine, handbill, pamphlet, circular, dodger,
announcement, or any other paper, not a discarded, used or leftover substance,
at any place on the grounds, yards, lawns, driveways, steps, porches, or in
front of, or upon the front entry door or doorknob of any single—family
residential building, or of any residential building having more than one
dwelling unit, or in any entry or hallway, or on any stairs, or at, or upon the
front entry door, or doorknob of any dwelling unit in any such multiple unit
residential building, in the city, after having received a notice orally or in
writing that an owner, manager or occupant of such property or dwelling unit
refuses to consent that any such item be left upon such property or at such
dwelling unit. Any such a notice given by an owner or manager of such a
multiple unit residential building shall not apply to the front entry door of
any dwelling unit in such a building. Any such a notice given by an owner or
occupant of a dwelling unit in such a building shall apply only to the dwelling
unit owned or occupied by such person. No such notice shall be effective after
the person who gave it has ceased to be an owner, manager or occupant of the
premises for which such notice was given.
8.20.050 Method of distribution.
Any newspaper, magazine, handbill, pamphlet, circular, dodger, announcement, or
any other paper, for which no charge is made to the recipient thereof pursuant
to contract, and which is not a discarded, used, or leftover substance, which
may be distributed pursuant to this chapter, shall be placed into the hand of
the intended recipient, or placed through a slot or opening in a front entry
door, or within a receptacle for such items located upon the property. As used
in this chapter, the word “receptacle” means a container made of a stiff
material displaying the words “For Papers’ or similar words.
8.20.060 Littering. It is unlawful
for any person to cast, throw, scatter, deposit, or otherwise place, any
newspaper, magazine, handbill, pamphlet, circular, dodger, announcement, or any
other paper, for which no charge is made to the recipient thereof pursuant to
contract, and which is not a discarded, used, or leftover substance, upon the
ground or other surface of any public street or sidewalk, or upon any ground or
grass between any street and any sidewalk, or upon the ground of any vacant
land, or park in the city, or upon the ground, lawn, floor, cement, or other
surface, of any parking lot, steps, porch, vestibule, foyer, ball, waiting
room, or rest room of any building, in the city, owned, or in the possession of
the city, or any other governmental entity, or of any railroad station, bus
depot, store, food market, drugstore, office building, or other building,
parking lot, or place in the city, into, or upon, which the public is admitted
by easement or license, without the payment of an entry fee or charge. No
portion of this section shall be construed to restrict a private owner in the
use of his own property or a person in lawful possession of property from his
own use thereof.
8.20.070 Aiding and abetting
prohibited. It is unlawful for any person to enter into any conspiracy or
into any employment, advertising, or other contract, which promotes the
performance in the city of any act or thing prohibited or declared unlawful, by
this chapter, or that can reasonably be anticipated to result in the
performance in the city of any act or thing prohibited or declared unlawful by
this chapter, or that can reasonably be anticipated to result in the
performance in the city of any such act or thing or to enter into any contract
with any person for such person to distribute, cast, throw, scatter, deposit,
or otherwise place, any newspaper, magazine, handbill, pamphlet, circular,
dodger, announcement, or any other paper, for which no charge is made to the
recipient thereof pursuant to contract, and which is not a discarded, used, or
leftover substance, on any single—family or multiple unit residential property
in the city, unless the person contracting to leave any such item at any such
place acknowledges in writing that he has received and read a copy of this
chapter or as hereafter amended by any ordinance, and such writing is kept and
held subject to inspection by the public for one year by the other party to
such a contract and exhibited to any police officer upon request.
8.20.080 Exemptions. The
provisions of this chapter shall not apply to the distribution of mail by the
United States Government or to any notice of any lien, foreclosure, or sale of
the real property on which such notice is placed, or to any governmental or
court notice or process or to any telephone directory or to the distribution or
delivery of any newspaper determined to be a newspaper of general circulation
by a decree of a court of competent jurisdiction, magazine, pamphlet, or other
paper, to any person pursuant to his oral or written order or consent therefor, or to any hotel, inn, motel or other such public
residential premises, or to any littering inside a theater, or to any circus or
tent show or to any place .where food is sold for immediate consumption at
open—air tables or on the parking lot of any such eating places.
8.20.090 Use of receptacles
provided for the receipt of United Staves mail. Nothing contained in this
chapter shall authorize any use of, or the distribution of any matter without
postage prepaid thereon into any mailbox, any attachment to a mailbox, or any
other receptacle or into or through any slot in any door, which has been
provided for the receipt or deposit therein, or the delivery through any such
slot, of mail by the United States Postal Service and which is prohibited by
any rule, regulation or law; of the United States, or of the Postal Service, to
be used for any purpose other than for the receipt of mail.
PUBLIC NUISANCE
Sections:
8.24.010 Acts constituting nuisance.
8.24.020
Public nuisance defined
8.24.030
Waste matter defined.
8.24.040
Notice to abate.
8.24.050
Failure to abate nuisance——Infractions.
8.24.060
Failure to abate nuisance——Notice to show cause.
8.24.070
Council hearing.
8.24.080
Right to abate.
8.24.090
Collection of costs of abatement.
8.24.100
Manner of giving notices.
8.24.110
Separability.
8.24.010 Acts constituting
nuisance. Anything which is injurious to health, or is indecent or
offensive to the senses, or an obstruction to the free use of property, so as
to interfere with the comfortable enjoyment of life or property or unlawfully
obstructs the free passage or use, in the customary manner of any public park,
street, alleyway, highway, or other public easement is a nuisance.
8.24.020 Public nuisance defined.
A public nuisance is one which affects at the same time an entire community or
neighborhood, or any considerable number of persons, although the extent of the
annoyance or damage inflicted upon individuals may be unequal. The following
are specifically declared to be nuisances and it is not intended by this
enumeration to exclude the designation of other conditions as nuisances.
A.
Existence of rubbish, tin cans or waste matter of any type, upon any sidewalk
or vacant lot within the city;
B.
Substantial accumulation of rubbish, tin cans or waste matter of any type,
including manure of any kind, offensive to any of the senses on private
property within the city;
C.
Automobile motors, transmissions and all other automotive parts or accessories
stored anywhere other than within a fully enclosed space, carport, garage
(public or private) or an approved automobile wrecking yard;
D.
Any animal or fowl which shall die within the city;
E.
Accumulations of wastepaper, hay, grass, straw, weeds, litter, combustible or
flammable waste material, waste petroleum products or rubbish of any kind upon
any roof or in any court, yard, vacant lot or open space. All weeds, grass,
vines or other growth, when same endangers property or constitutes a fire
hazard;
F.
All combustible rubbish, oily rags or waste material, when kept within a
building or adjacent to a building, and not securely stored in metal or
metal—lined receptacles equipped with tight—fitting covers or in rooms or
vaults constructed of noncombustible materials;
G.
Combustible waste matter beneath trailers or at any other place within an auto
and trailer camp;
H.
Abandoned, discarded or unused objects or equipment such as furniture, stoves,
refrigerators, freezers, cans or containers;
I.
Any device, decoration, design, fence, structure, clothesline or vegetation
which is unsightly by reason of its condition or its inappropriate location;
J.
Maintaining property in such manner as to cause a hazard to public by obscuring
visibility of intersections.
K.
Maintaining Blighted Property.
1. Any property on which there exists any one
or more of the following conditions or activities is a blighted property for
the purposes of this chapter:
a. A building or structure that is not
being inhabited, occupied or unsecured when the public can gain unimpeded or undeterred
entry without the consent of the owner. This subsection also includes any
vacant building, or unit in a vacant building or structure, which is
unoccupied, including, without limitation, buildings or structures of any
nature intended for human habitation or occupation and includes manufactured
housing or mobile homes.
(i) A building
or structure, or unit in a building or structure, is not deemed to be vacant
for purposes of this chapter if construction or alteration of the building,
structure or unit is in progress pursuant to a valid, unexpired building
permit.
b. A partially constructed, reconstructed
or demolished building or structure upon which work is abandoned.
c. Property which is in an unsecured state
so as to potentially constitute an attraction to children, a harbor for
vagrants, criminals or other unauthorized persons, or so as to enable persons
to resort thereto for the purpose of committing a nuisance or unlawful act.
d. Exterior wall and/or roof coverings that
have become deteriorated and do not provide adequate weather protection,
resulting in termite infestation and/or dry rot.
e. Broken or missing windows or doors which
constitute a hazardous condition or a potential attraction to trespassers.
f. Building exteriors, walls, fences, and
retaining walls which are broken, deteriorated, or substantially defaced to the
extent that the disrepair visually impacts neighboring property or presents an
endangerment to public safety; driveways or walkways which are broken,
deteriorated, or substantially defaced to the extent that the disrepair
presents an endangerment to the public safety. For purposes of this subsection,
defacing includes, without limitation, writings, inscriptions, figures,
scratches or other markings commonly referred to as “graffiti”.
g. Building exteriors, walls, fences, or
retaining walls on which any painted surface is peeling, disintegrating, or
sloughing—off to the extent that the disrepair visually impacts neighboring
property or presents an endangerment to public safety.
h. Overgrown, diseased, dead or decayed
trees, weeds or other vegetation which:
(i) Constitute
a fire hazard or a condition considered dangerous to the public health, safety,
and general welfare; or
(ii) Are likely to harbor rats, vermin
and other nuisances; or
(iii) Detract from the property values of
neighboring properties.
i. Landscaping
that is not installed or maintained in accordance with any applicable code or
permit.
j. Solid waste, which by reason of its
location and character either detrimentally impacts the surrounding
neighborhood or community, or which is allowed or permitted to be transported
by wind or otherwise onto or upon a public street, alley, or sidewalk. For
purposes of this subsection, solid waste means any putrescible
and non—putrescible solid and semisolid waste
material including without limitation garbage, rubbish, demolition and
construction wastes, industrial wastes, reusable or recyclable material, bulky
goods, and other discarded solid and semisolid wastes.
k. Substantial accumulation of dirt,
litter, or debris in vestibules or doorways of residential, commercial or
industrial buildings.
l. Any swimming pool, pond or other body of
water that is abandoned, unattended, unfiltered, or not otherwise maintained,
resulting in the water becoming polluted water. For purposes of this
subsection, “polluted water” means water means water which contains bacterial
growth, including algae, remains of rubbish, refuse, debris, papers, and any
other foreign matter or material or deleterious substance which, because of its
nature or location, constitutes an unhealthy or unsafe conditions or water
which is defined as “polluted water” or other similar term under state or
federal law.
m. Land having a topography, geology, or
configuration that, as a result of grading operations or improvements to said
land, causes erosion, subsidence, unstable soil conditions, or surface or
subsurface drainage problems so as to pose a threat to or be injurious to
adjacent properties.
n. Any condition or object maintained on
private property that obscures the visibility to the public of public streets
or public street intersections to such a degree as to constitute a hazard. Such
conditions include without limitation vehicles, landscaping, fencing, and
signs.
o. Conditions that due to their
accessibility to the public may prove hazardous or dangerous including without
limitation:
(i) Unused or
broken equipment;
(ii) Abandoned wells, shafts, or
basements;
(iii) Hazardous or unprotected pools,
ponds, or excavations;
(iv) Structurally unsound fences, walls,
or structures;
(v) Machinery that is inadequately
secured or protected;
(vi) Lumber, trash, fences, solid waste,
or debris that may prove a hazard for the public. For purposes of this
subsection, solid waste is defined as set forth in subsection j of this
section;
(vii) Storing or keeping any chemicals,
gasoline, motor oil, or other substances, in a quantity exceeding typical
residential household usage, which may prove a hazard to the public.
p. Signs which have not been maintained or
are in a state of disrepair for a period of more than thirty days, including
without limitation, broken signs, signs with missing parts, panels, letters or
light bulbs, signs with exposed wiring, signs out of plumb, signs that are
unsafe, dangerous to the public, or a hazard to traffic, defaced signs (for
purposes of this subsection, defacing includes without limitation,
unauthorized, unrelated or offensive writing, inscriptions, figures, scratches,
or other markings commonly known as graffiti.)
q. Any airplane or other aircraft, or any
parts thereof in the front yard. Airplane or other aircraft, or any parts
thereof, may be stored in the side of back yards if such items are concealed by
a fence.
r. Any construction equipment, machinery,
vehicles, or material except as follows:
(i) Such items
may be temporarily kept within or upon the property for and during the time
such equipment, machinery, or materials are required for the construction or
installation of improvements or facilities on the property for which all
required permits have been obtained and are valid.
(ii) Such items may be kept in the side
yard or rear yard areas if such items are used for the maintenance of the
property or facilities on the property and if such items are concealed by a
fence, shrubbery, or other similar means.
s. Any commercial equipment, machinery,
vehicles, or material not authorized by a valid city permit when such items
constitute visual blight, reduce the aesthetic appearance of the neighborhood,
or are detrimental to nearby property values. Commercial equipment, machinery,
vehicles, or material not otherwise authorized by a valid city permit may be
kept in the side yard or rear yard areas if such items are used for the
maintenance of the property or facilities on the property and if such items are
concealed by a fence, shrubbery, or other similar means.
t. Any refrigerator, washing machine, sink,
stove, heater, boiler, tank or other household equipment, machinery, furniture,
appliance or appliances, or any parts of any of the listed items, for a period
of time in excess of seventy—two consecutive hours. For purposes of this
subsection, an item is unlawfully kept or stored in any area for a period of
time in excess of seventy—two consecutive hours when either the item has not
been removed from such area for an intervening period of time in excess of
seventy—two consecutive hours or the item has been parked, kept, or stored
during the intervening period of time upon any public street. This subsection
does not prohibit the following:
(i) Machinery installed in the rear setback areas for
household or recreational use.
(ii) Furniture designed and used for outdoor activities.
(iii) Any item stored or kept within an
enclosed storage structure or unit. For the purpose of this subsection, a
storage unit is a prefabricated enclosure which is not required to have a
building permit and is not permanently affixed to the ground, but which is not
on wheels or mobile.
u. Storing or keeping of packing boxes,
lumber, dirt, solid waste, and other debris, except as allowed by this code for
the purposes of construction, in any areas visible from public property or
neighboring properties for a period of time in excess of seventy—two
consecutive hours. For purposes of this subsection, solid waste is defined as
set forth in subsection j of this section. For purposes of this subsection, an
item is unlawfully kept or stored in any area for a period of time in excess of
seventy—two consecutive hours when either the item has not been removed from
such area for an intervening period of time in excess of seventy—two
consecutive hours, or the item has been kept or stored during the intervening
period of time upon any public street.
v. Wrecking, dismantling, disassembling,
manufacturing, fabricating, building, remodeling, assembling, repairing, painting,
washing, cleaning or servicing, in any setback area, of any airplane, aircraft,
motor vehicle, boat, trailer, machinery, equipment, appliance or appliances,
furniture or other personal property.
(i) This
subsection shall not prohibit an owner, lessee, tenant or occupant of the
property from engaging in periodic activities incidental to the normal use of a
motor vehicle, boat, trailer, or furniture owned by that owner, lessee, tenant
or occupant of the property to the extent permitted by and in conformance with
Title 18. Any such activities shall be completed within a consecutive seventy
two hour period.
w. The use of any trailer, camper,
recreational vehicle or motor vehicle for living or sleeping quarters in any
place in the city, outside of a lawfully operated mobile home park or
recreational vehicle/travel park, subject to the following:
(i) Nothing
contained in this subsection shall be deemed to prohibit bona fide guests of a
city resident from occupying a trailer, camper or recreational vehicle upon
residential premises with the consent of the resident for a period not to
exceed three hundred thirty—six consecutive hours when; (a) the trailer, camper
or recreational vehicle has not been removed from such area for an intervening
period of time in excess of three hundred thirty—six consecutive hours; or (b)
the trailer, camper, or recreational vehicle has been parked, kept or stored
during the intervening period of time on any public street.
(ii) Nothing contained in this subsection
shall be deemed to permit any violation of the Weed Municipal Code, California
Building Code, California Electrical Code, or California Plumbing Code by any
trailer, camper, or recreational vehicle occupied pursuant to subsection w(i) of this section, or any use of such trailer, camper, or
recreational vehicle, or any connection from such trailer, camper or
recreational vehicle to any building.
(iii) Any trailer, camper, or
recreational vehicle so used shall not discharge any waste or sewage into the
city’s sewer system except through an approved residential discharge connection
of the residential premises on which the trailer, camper or recreational
vehicle is parked.
x. Any condition which is detrimental to
the public health, safety or general welfare or which constitutes a nuisance
under any other city ordinance, state law or common law.
y. Any condition of deterioration or
disrepair that creates substantial impact on neighboring properties.
2. The acts and conditions specified below,
when performed or existing upon any lot or parcel of land within the city,
whether improved or unimproved, are declared to constitute blighted property,
are unlawful, and are defined to be public nuisances which are injurious or
potentially injurious to the public health, safety, and welfare, which have a
tendency to degrade the appearance and property values of surrounding property
and/or which cause damage to public rights-of-way. Nothing herein shall be
deemed to restrict a public nuisance to the definition provided below.
a. A building or structure which is
designed for human use or occupancy and which is not occupied as a residence
or as business premises by human beings for more than ninety days, and is in
violation of one or more of the following requirements:
(i) If the
building or structure is the subject of an active building permit for repair or
rehabilitation, that the owner is progressing diligently to complete the repair
or rehabilitation;
(ii) If the building or structure meets
all applicable building, habitability, and municipal code provisions, and does
not otherwise constitute a public nuisance, it is ready for use or occupancy
and is actively being offered for sale, lease, or rent, at reasonable market
rates; or
(iii) The building or structure, including
the premises on which it is located, does not otherwise constitute a public
nuisance and is not likely to become a public nuisance because it is being
actively maintained and monitored. Active maintenance and monitoring shall
include compliance with all of the following:
(A) Maintenance of landscaping and
plant materials in good condition,
(B) Maintenance of the exterior of the
building or structure, including but limited to, its paint, finishes, and
signs, in good condition,
(C) Regular removal of all exterior
trash, debris, and graffiti,
(D) Maintenance, use, and occupancy of
the building or structure in continuing compliance with all applicable codes,
regulations, and ordinances, and
(E) Prevention of criminal activity on
the premises, including but not limited to the use, sale, growing, and
distribution of controlled substances, prostitution, trespassing, curfew
violations, or other behavior which tends to disturb the peace or the use or
enjoyment of neighboring properties.
8.24.030 Waste matter defined.
The term “waste matter” shall include but not be limited to broken
crockery, broken bottles, metal vessels, trimmings from lawns, trees and flower
gardens, ashes, pasteboard boxes, berry boxes, rags, paper, straw, mattresses,
packing material, shavings, boxes, sawdust, brick, stones, piled dirt, wire and
other combustible and non—combustible and flammable waste material.
8.24.040 Notice to abate. The
city administrator or his duly authorized agent is authorized and empowered to
delivery notice in writing to the owner, agent or person having charge of or
occupying the premises on which a nuisance is being committed, and any person
creating, causing, committing or maintaining such nuisance, and to order such
owner, agent, person or persons to abate such nuisance. Such notice shall
specify the nuisance and the manner in which it is being committed, and shall
be delivered to the persons above mentioned. A copy of said notice shall also
be delivered to the person owning the land on which the nuisance is being
committed as such person s name and address appear on the last equalized
assessment roll.
Said
notice shall specify that the nuisance must be abated within fifteen days after
the date of the delivery or mailing of said notice, or such shorter time as the
city administrator deems appropriate. If the city administrator deems the
nuisance to be an emergency, then he shall have the power to order the abatement
summarily within twenty-four hours of the giving of the written notice as set
forth above.
8.24.050 Failure to abate
nuisance——Infractions Any owner, agent, person having charge of, or
occupying, any premises on which the nuisance is being committed within the
city, or any person creating, causing, Committing, or maintaining the nuisance
who refuses or neglects to abate the same in pursuance to the request specified
in the notice within the period specified therein, which shall in no case be
less than twenty—four hours, shall be guilty of an infraction, and upon
conviction thereof shall be punished by a fine in accordance with the
provisions of Section 1.20.040 of this code. This shall be in addition to all
other available remedies as hereinafter set forth as provided by law.
8.24.060 Failure to abate
nuisance——Notice to show cause. If the owner, agent or person having charge
of or occupying any premises on which said nuisance is being committed or the
person creating, causing, committing or maintaining said nuisance fails to
comply with the notice by completing the abatement within the period prescribed
in the notice, or by making such other arrangements as may be satisfactory to
the city administrator, the city administrator shall thereupon direct the city
clerk to deliver a notice to the said persons, and a copy thereof to any lien
or mortgage holder as may appear from a title report obtained from a title
company, to appear before the city council of the city, to be heard and show
cause, if any, why the nuisance should not be abated by the city. The cost of
the title report shall be added to the costs chargeable to such persons as
hereinafter set forth.
8.24.070 Council hearing. At
the time fixed in the notice, the city council shall proceed to hear the
testimony of said persons to whom such notice has been given or their
representatives or other competent persons who may be present and desire to
testify respecting the nuisance, the estimated cost of abating the same and any
other matter which the city council may deem pertinent thereto. Upon the
conclusion of the hearing, the city council may by resolution declare its
finding, and in the event that it so concludes, it may declare that the
nuisance is being committed, and that the owner agent, or person having charge
of or occupying the premises on which the nuisance is being committed, and the
person creating, causing, committing or maintaining such nuisance shall
commence the abatement of the same within fifteen days after the date of
posting on the premises a notice of the adoption of the resolution, and shall
complete such abatement within sixty days of such date or such other shorter
time as may be deemed necessary by the council, and that said persons shall be
notified that if the nuisance is not so abated, the city will abate the same
and the expenses thereof will be made a lien on the lot or parcel of land from
which the nuisance is being abated. On or about the day the premises are
posted, the city clerk shall deliver copies of the resolution to all said
persons as such persons names and addresses appear on the last equalized
assessment roll, or as known to the city clerk, and to each mortgagee or lien
holder at their last known address.
8.24.080 Right to abate. In
the event the nuisance is not abated by the owner, agent, or person having
charge of or occupying the premises on which said nuisance is being committed,
or other person creating, causing, committing, or maintaining said nuisance,
the city administrator shall cause the nuisance to be abated either by use of
city personnel or by contracting with a licensed contractor for the abatement.
The city shall keep an itemized account of the expenses involved. The city
official having charge of the department involved in the abatement shall submit
an itemized statement to the city clerk, who shall set a date for hearing by
the city council upon such statement, and the city clerk shall deliver a copy
of the statement to the owner, agent or person having charge of the premises,
or any person creating, causing, committing or maintaining such nuisance, and
to any mortgagee or lien holder, along with a notice of the time and place and
when and where the statement shall be submitted to the city council for
approval and confirmation. At that time the city council shall consider any
objections or protests which may be raised by any property owner liable to be
assessed for the cost of such work, and any other interested persons to whom
the costs may be assessed personally.
8.24.090 Collection of costs of abatement.
The owner, agent, and person having charge of or occupying the property on
which the nuisance is being abated and any and all persons creating, causing,
committing or maintaining the nuisance jointly and severally shall be
personally liable to the city for the cost of the abatement, work done or
caused to be done by the city. At the time fixed for hearing on the statement
of expense, the city council shall consider the statement together with any
objections or protests which may be raised by owners of the property or any
person creating, causing, committing or maintaining the nuisance liable to be
assessed for the doing of the work, and any other interested persons, after
which, by resolution, the statement as submitted, or as ordered, revised, corrected,
or modified by the city council, shall be confirmed and adopted. If not paid
within five days after passage of the resolution, it shall constitute a lien on
the real property constituting the premises upon which the nuisance was abated.
Additionally it
may be collected by the commencement of a civil action against any person so
creating, causing, committing or maintaining the nuisance and/or by a special
assessment against the real property constituting the premises on which the
nuisance was abated. The resolution may further direct the city clerk to file
with the auditor of Siskiyou County, and the county assessor and tax collector,
certified copies of the resolution and the statement adopted therein. The
assessment may be collected at the same time and in the same manner as ordinary
municipal taxes are collected, and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as provided for ordinary
municipal taxes. All laws applicable to the levy, collection and enforcement of
municipal taxes shall be applicable to the special assessment. However, if any
real property to which the cost of abatement relates has been transferred or
conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches
thereon, prior to the date on which the first installment of the taxes would
become delinquent, then the cost of abatement shall not result in a lien
against the real property but instead shall be transferred to the unsecured
roll for collection. Notices or instruments relating to the abatement
proceeding or special assessment shall be entitled to recordation.
8.24.100 Manner of giving notices.
Any notices required or permitted to be delivered by this chapter shall be
given in the following manner: by personal delivery to the person to whom such
notice is to be given, or by depositing it in the United States mail at Weed,
California, postage prepaid, certified, or registered, return receipt
requested, addressed to such person as such person s name and address appear on
the last equalized assessment roll and to such person’s last known address, if
different. The officer or employee of the city giving such notice shall file an
affidavit thereof with the clerk of the city certifying to the date and manner
such notice was given. He shall also file therewith any receipt card which may
have been returned to him in acknowledgment of receipt of such notice. The
failure of any person to receive such notice shall not affect in any manner the
validity of any proceedings taken under this chapter.
8.24.110 Separability.
If any section, subsection, sentence, clause, phrase or portion of this code
including amendments added and required by the city is found to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this code.
Chapter 8.28
Sections:
8.28.010
Intent and purpose.
8.28.020
Scope.
8.28.030
Definitions.
8.28.040
Prohibition of removal.
8.28.050
Tree cutting permit.
8.28.060
Home firewood permits.
8.28.070
Standards for granting or denying tree removal.
8.28.080
Exemptions.
8.28.090
Trees on city lands and rights—of-way.
8.28.100
Appeals.
8.28.110
Fees.
8.28.120 Penalties for violation.
8.28.130
Compliance with other laws and regulations.
8.28.010 Intent and Purpose. It
is the determination of the city council that, in order to protect the health,
safety and welfare of the citizens of the city, proper and necessary steps be
taken in order to protect and preserve mature trees, especially where those
mature trees are associated with proposals for urban development, or are
located on hillside areas. This chapter shall be interpreted and applied so as
to allow all economic development which is otherwise permissible under the
city’s planning ordinances and regulations, and not to make such development
economically infeasible, but to preserve all trees subject hereto the removal
of which is not reasonably necessary to the project.
8.28.020 Scope. The
provisions of this chapter shall apply to trees located on parcels of one third
acre or more, or on lands which have been subdivided or split within thirty-six
months and which, before such subdivision or split into small portions, were
one third acre or more.
8.28.030 Definitions. For the
purposes of this chapter, the following definitions shall apply:
“Cut” means to
cut, remove, destroy or deliberately cause significant damage to any mature
tree, but shall not include normal trimming or pruning of any tree which does
not damage it, or jeopardize its survival.
“Director” means
the director of public works, the city administrator in the absence of the
former, or such other persons who may from time to time be designated by either
of them.
“Mature tree”
means a living tree with a circumference of thirty or more inches, including
all major stems, as measured four and one-half feet above the root crown (9.5
inch diameter)
“Person” means
any individual, corporation, partnership, or other business entity.
“Tree retention
plan” means a plot plan diagramming the remaining trees following tree removal.
8.28.040 Prohibition of removal.
No mature tree shall be cut on any parcel within the subject of this chapter,
except as provided herein.
8.28.050 Tree cutting permit.
A. Any person who desires to cut any mature tree subject to this chapter shall
apply to the city for a permit to do so.
The director
shall establish the format and information required for such application,
consistent with this chapter, and including the number of mature trees on the
property, the slope of the property, the designation, number and species of
mature trees to be removed, the reasons for removal, and a tree retention plan.
The directors and two members of the planning commission shall review the
information contained on the application form and make an on-site inspection to
verify its accuracy.
Within twenty days after receipt of a completed application, and payment of the fee therefor, the director shall issue a report and recommendation, both of which shall thereupon be submitted to the planning commission at its next meeting. If the director finds it necessary, he may require the applicant to provide a written report prepared by a registered professional forester or person with similar credentials, to supplement the application. This requirement may be appealed to the planning commission at its next meeting.
B.
The planning commission shall determine whether, or to what extent, and on what
terms and conditions, within the guidelines set forth below, the permit should
be issued. The planning commission may, as a condition of the issuance of a
permit, specify mitigation which must be done in order to diminish any negative
impact resulting from the cutting, including but not limited to replanting of
trees or other vegetation, and removing or grinding of stumps. Stump height,
after cutting or grinding, shall not exceed four inches above ground level.
C.
If deemed necessary, the planning commission shall require the applicant to
provide a written report, prepared by a registered professional forester, or person
with similar credentials, to supplement an application.
D.
If the planning commission fails to act on a completed application within sixty
days, the permit shall be deemed to have been issued, unless the applicant has
agreed to extend such time.
8.28.060 Home firewood permits.
The owner of lands of any size acreage may cut up to six cords of firewood from
mature trees thereon each year, upon application to the director and issuance
by the director of a tree cutting permit. Such firewood must be for the
personal use of said owner and may not be sold or transferred to any other
person. The director shall apply the applicable standards of Section 8.28.070
for granting or denying a tree cutting permit for home firewood. Slash disposal
shall be by pile and burn, chip or removal. Stumps shall be removed or ground
or cut so as not to exceed four inches above ground level.
8.28.070 Standards for granting
or denying tree removal. The determination by the planning commission to
issue a tree cutting permit shall be based on the criteria set forth below.
A. The condition
of the tree with respect to disease, danger of collapse of all or any portion,
proximity to an existing structure, walkway, driveway, alley or street, or
interference with utility services;
B.
The necessity to remove the tree in order to construct public or private
improvements which allow economic development of the property. In applying this
subsection, the planning commission shall not consider such removal to be
necessary for a private improvement unless the applicant has actually applied
for, and has paid plan checking fees for a building permit for the subject
improvements. The request to remove a tree shall not be denied if the applicant
shows that the tree would unreasonably interfere with a building, road, or
other necessary appropriate improvement, or with grading required for
appropriate drainage, and parking areas necessary to provide for sufficient use
of the property so as to make a project economically feasible;
C. The number of
mature trees existing on the subject property;
D.
Good forestry practices, i.e., the number of healthy mature trees that a given
area will support, and stern spacing no greater than twenty-five feet. This
also applies to Section 8.28.060;
E.
Whether removal of the tree is necessary to any public or utility right-of-way;
F.
The suitability of the tree species in the subject area;
G.
The slope and other physical attributes of the land on which the trees are
located.
8.28.080 Exemptions. The
following are exempt from the provisions of this chapter:
A. Trees on
order of the city administrator, director of public works, or a member of the
police or fire departments if the condition of the mature tree poses an
imminent threat to the public safety to the extent that it would be
unreasonable to wait and submit an application;
B.
Trees on land of the United States, the state of California, or on land owned
or leased by any duly formed school district or special district;
C.
Trees planted, grown, or held for sale by a licensed nursery;
D.
Christmas tree farms;
E.
Dead or diseased trees.
8.28.090 Trees on city lands and
rights-of-way. The following procedure shall be followed for removal of
trees from any lands owned or leased by the city, or over which the city has
any easement or right—of—way:
A. The director
may issue a permit for the removal of any of the following, without first
submitting the same to the planning commission:
1. Trees deemed by the director to be
necessary to obtain adequate line—of-sight distances for public streets or
roads;
2. Trees within or adjacent to the public
right-of-way which, in the opinion of the director, will likely cause damage to
existing public improvements.
B.
Before issuing such a permit, the director shall, not less than fifteen days in
advance, cause to be posted an a conspicuous place at City Hall, and mailed to
every owner of real property within one hundred feet of the subject tree, a
notice of the director’s intention to issue the permit. Thereafter, not later
than fifteen days after such mailing and posting, whichever is later, any
interested person may protest, in writing, the proposed issuance of the permit.
C.
Any protest of a proposed permit under this section shall be considered by the
planning commission within forty—five days. If the planning commission fails to
act on the protest within forty-five days, the protest shall be deemed
rejected, unless both the director and the protesting party have agreed to
extend such time.
8.28.100 Appeals. Decisions
of the planning commission may be appealed to the city council in accordance
with the procedures set forth in Chapter 18.40 of this code.
8.28.110 Fees. The city
council may, from time to time, by resolution, set fees for all tree cutting
permits required hereunder, which shall reimburse the city’s expenses for
processing applications and the other costs of regulation and enforcement.
8.28.120 Penalties for violation. Violations of this chapter
shall he punishable in any or all of the following ways:
A. Each mature
tree which is cut shall be a separate violation.
B.
Each violation will be punished with a fine of five hundred dollars.
C.
The city may obtain injunctive relief against further violations, and recover
attorney fees incurred by the city in doing so.
D.
In addition to any penalties described in this section, in the event of a
violation of this chapter on lands owned or leased by the city or within any
city right of way, the violator shall he liable to the city for the replacement
value of said trees and any damage incurred as a result of such violation, and
the city shall be able to recover any attorneys fees incurred by the city in
doing so.
8.28.130 Compliance with other
laws and regulations. A. Nothing herein shall relieve an applicant from
complying with the laws or regulations of other governmental entities. The
issuance of a timber harvesting plan, or other tree cutting permit, by another
governmental entity shall not relieve a person from also complying with this
chapter.
B.
Negative declarations shall address all applicable portions of this chapter.
Environmental impact reports shall also address this chapter.
C.
The California Department of Forestry’s timber harvest review team is requested
to notify the city of any proposed timber harvest plan and harvest plan
exemptions within the city limits.