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County Health Officer Acting Within the Cities of Riverside County - Complete FileUpdated November 2017 Adoption of County of Riverside Health Officer: A Guide to each City within the County Updated November 2017 TABLE OF CONTENTS CITY OF BANNING ......................................................................................................................................................... 1 CHAPTER 8.08 – AMBULANCES ............................................................................................................................ 1 8.08.020 - Miscellaneous provisions. .............................................................................................................. 1 CHAPTER 8.24 – FOOD ESTABLISHMENTS AND FACILITIES .................................................................................. 1 8.24.190 - Definitions. ..................................................................................................................................... 1 8.24.220 - Application for food worker's certificate. ...................................................................................... 1 8.24.230 - Qualification for food worker's certificate. .................................................................................... 1 8.24.250 - Duplicate food worker's certificate. ............................................................................................... 1 8.24.260 - Revocation of food worker's certificate. ......................................................................................... 1 8.24.270 - Appeal............................................................................................................................................. 1 CHAPTER 8.48 – NUISANCES ................................................................................................................................ 1 8.48.010 - Definitions. ..................................................................................................................................... 1 8.48.350 - Right of entry. ................................................................................................................................. 1 8.48.360 - Immediate hazard. .......................................................................................................................... 1 8.48.370 - Report of findings. .......................................................................................................................... 1 8.48.380 - Notice to abate public nuisance—Notice of pendency. .................................................................. 1 8.48.460 - Hearing on abatement—Content of testimony. .............................................................................. 1 FULL TEXT OF MUNICIPAL CODE ......................................................................................................................... 2 CITY OF BEAUMONT .................................................................................................................................................... 5 CHAPTER 8.32 – NUISANCES ................................................................................................................................ 5 8.32.000 Definitions. ....................................................................................................................................... 5 8.32.280 Right of Entry.................................................................................................................................... 5 8.32.290 Report of Findings. ........................................................................................................................... 5 8.32.300 Order to Abate Public Nuisance. ...................................................................................................... 5 8.32.360 Hearing on Abatement - Content of Testimony. ............................................................................... 5 8.32.425 Right of Entry to Abate. .................................................................................................................... 5 8.32.430 Immediate Hazards. .......................................................................................................................... 5 8.32.440 Costs - Report. .................................................................................................................................. 5 CHAPTER 16.08 – DEFINITIONS ............................................................................................................................ 5 16.08.070 Health officer. ................................................................................................................................. 5 FULL TEXT OF MUNICIPAL CODE ......................................................................................................................... 6 CITY OF BLYTHE ........................................................................................................................................................... 8 CHAPTER 5.20 – CAMPGROUNDS .......................................................................................................................... 8 5.20.010 - Definitions. ..................................................................................................................................... 8 5.20.020 - Permit—Required. .......................................................................................................................... 8 5.20.030 - Permit—Application. ...................................................................................................................... 8 5.20.050 - Permit—Investigation. .................................................................................................................... 8 5.20.060 - Permit—Revocation or suspension. ............................................................................................... 8 5.20.070 - Permit—Transferability. ................................................................................................................ 8 5.20.080 - Permit—Posting. ............................................................................................................................ 8 5.20.150 - Toilets. ............................................................................................................................................ 8 5.20.160 - Garbage receptacles. ..................................................................................................................... 8 Updated November 2017 5.20.180 - Refuse and sewage disposal. .......................................................................................................... 8 5.20.220 - Enforcement—Health officer. ......................................................................................................... 8 5.20.230 - Enforcement—Health department. ................................................................................................. 8 CHAPTER 8.04 – FOOD HANDLERS ....................................................................................................................... 8 8.04.020 - Health certificate—Application...................................................................................................... 8 8.04.030 - Health certificate—Issuance—Temporary certificate. ................................................................... 9 8.04.050 - Health certificate—Duplicate. ....................................................................................................... 9 8.04.060 - Health certificate—Substitute. ....................................................................................................... 9 8.04.070 - Health certificate—Revocation. ..................................................................................................... 9 CHAPTER 8.40 – FOOD HANDLERS CERTIFICATION .............................................................................................. 9 8.40.020 - Definitions. ..................................................................................................................................... 9 8.40.050 - Application for food worker's certificate. ...................................................................................... 9 8.40.060 - Qualification for food worker's certificate. .................................................................................... 9 8.40.080 - Duplicate food worker's certificate. ............................................................................................... 9 8.40.090 - Revocation of food worker's certificate. ......................................................................................... 9 8.40.100 - Appeal............................................................................................................................................. 9 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 10 CITY OF CALIMESA .................................................................................................................................................... 13 CHAPTER 5.15 – TOBACCO RETAILERS .............................................................................................................. 13 5.15.030 Enforcement agency designated. .................................................................................................... 13 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 14 CITY OF CANYON LAKE ........................................................................................................................................... 15 CHAPTER 6.01 – INTEGRATED WASTE MANAGEMENT ....................................................................................... 15 6.01.020 Delegation of authority. .................................................................................................................. 15 6.01.080 Mandatory subscription. ................................................................................................................. 15 CHAPTER 11.25 – SPECIAL EVENTS .................................................................................................................... 15 11.25.070 Investigation of Application. ......................................................................................................... 15 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 16 CITY OF CATHEDRAL CITY .................................................................................................................................... 17 CHAPTER 6.04 – REFUSE DISPOSAL .................................................................................................................... 17 6.04.050 Frequency of collection. ................................................................................................................. 17 6.04.060 Container specifications. ................................................................................................................ 17 CHAPTER 9.96 – SPECIAL PROVISIONS APPLYING TO MISCELLANEOUS PROBLEM USES .................................... 17 9.96.180 Swap meet, permanent. ................................................................................................................... 17 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 18 CITY OF COACHELLA ............................................................................................................................................... 19 CHAPTER 8.04 – ADMINISTRATION AND ENFORCEMENT .................................................................................... 19 8.04.010 - County enforcement of state regulations and statutes. ................................................................ 19 CHAPTER 8.40 – FOOD HANDLERS ..................................................................................................................... 19 8.40.020 - Definitions. ................................................................................................................................... 19 8.40.050 - Same—Application. ...................................................................................................................... 19 8.40.060 - Same—Qualification. ................................................................................................................... 19 Updated November 2017 8.40.080 - Same—Duplicate. ......................................................................................................................... 19 8.40.090 - Same—Revocation. ....................................................................................................................... 19 8.40.100 - Same—Appeal. ............................................................................................................................. 19 CHAPTER 13.01 – SEWAGE AND SEWAGE DISPOSAL .......................................................................................... 19 13.01.424 - Applicability of other requirements............................................................................................ 19 CHAPTER 17.04 – RULES OF CONSTRUCTION ..................................................................................................... 19 17.04.140 - Health officer or health authority or board of health commissioners. ...................................... 19 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 20 CITY OF CORONA ........................................................................................................................................................ 21 CHAPTER 5.30 – OUTDOOR FESTIVALS .............................................................................................................. 21 5.30.080 License - Conditions. ...................................................................................................................... 21 CHAPTER 8.40 – HAZARDOUS MATERIALS DISCLOSURE .................................................................................... 21 8.40.020 Definitions. ..................................................................................................................................... 21 CHAPTER 15.56 – UNSAFE BUILDINGS ............................................................................................................... 21 15.56.020 Definitions. .................................................................................................................................. 21 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 22 CITY OF DESERT HOT SPRINGS ........................................................................................................................... 28 CHAPTER 5.16 – FOOD HANDLERS ..................................................................................................................... 28 5.16.020 Definitions. ..................................................................................................................................... 28 5.16.060 Application for food worker’s certificate. ...................................................................................... 28 5.16.080 Issuance of food worker’s certificate.............................................................................................. 28 5.16.090 Issuance of duplicate certificate. .................................................................................................... 28 5.16.100 Revocation of food worker’s certificate. ......................................................................................... 28 5.16.110 Appeal upon denial. ........................................................................................................................ 28 CHAPTER 5.24 – TOBACCO RETAILERS .............................................................................................................. 28 5.24.020 Definitions. ..................................................................................................................................... 28 5.24.030 Tobacco license prerequisite—Application process....................................................................... 28 5.24.040 License issuance—Standards. ........................................................................................................ 28 5.24.080 License violation. ............................................................................................................................ 28 CHAPTER 8.04 – GARBAGE AND RUBBISH .......................................................................................................... 28 8.04.190 Commercial and industrial containers—Identification and maintenance. .................................... 28 CHAPTER 17.156 – SPECIAL USES ...................................................................................................................... 28 17.156.050 Processing of application. .......................................................................................................... 28 17.156.080 Conditions of issuance. ............................................................................................................... 28 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 30 CITY OF EASTVALE .................................................................................................................................................... 36 CHAPTER 16.05 – SOLID WASTE COLLECTION AND DISPOSAL ........................................................................... 36 Sec. 16.05.030. - Solid waste removal. .......................................................................................................... 36 Sec. 16.05.200. - Violation—Public nuisance. .............................................................................................. 36 CHAPTER 16.20 – COMMERCIAL POULTRY RANCHES ........................................................................................ 36 Sec. 16.20.010. - Definitions.......................................................................................................................... 36 Sec. 16.20.040. - Payment of fees/receipts. ................................................................................................... 36 Sec. 16.20.050. - Reinspection/fee. ................................................................................................................ 36 Updated November 2017 CHAPTER 16.36 – FLY CONTROL ........................................................................................................................ 36 Sec. 16.36.010. - Definitions.......................................................................................................................... 36 Sec. 16.36.020. - Accumulation of matter to cause breeding of flies not permitted. ..................................... 36 Sec. 16.36.030. - Inspection by health officer. .............................................................................................. 36 Sec. 16.36.040. - Abatement proceedings—Notices. ..................................................................................... 36 Sec. 16.36.050. - Same—Hearing. ................................................................................................................. 36 Sec. 16.36.060. - Fly control standards. ........................................................................................................ 36 Sec. 16.36.070. - Hearing for repeated violators. ......................................................................................... 36 Sec. 16.36.080. - Costs shall become special assessment. ............................................................................ 36 CHAPTER 16.84 – LIQUID WASTES AND ANIMAL BYPRODUCTS ......................................................................... 37 Sec. 16.84.010. - Definitions.......................................................................................................................... 37 Sec. 16.84.020. - Prohibitions. ...................................................................................................................... 37 Sec. 16.84.030. - Specifications. .................................................................................................................... 37 Sec. 16.84.040. - Hazardous waste. ............................................................................................................... 37 Sec. 16.84.050. - Permit applications. ........................................................................................................... 37 Sec. 16.84.060. - Permit fees. ........................................................................................................................ 37 Sec. 16.84.070. - Term and renewal. ............................................................................................................. 37 Sec. 16.84.080. - Transferability of permit. ................................................................................................... 37 Sec. 16.84.100. - Right of further regulation reserved. ................................................................................. 37 Sec. 16.84.120. - Enforcement authority. ...................................................................................................... 37 Sec. 16.84.130. - Right of entry. .................................................................................................................... 37 Sec. 16.84.140. - Violation—Public nuisance. .............................................................................................. 37 CHAPTER 16.129 – PROHIBITION OF LAND APPLICATION OF CLASS B SEWAGE SLUDGE ................................... 38 Sec. 16.129.060. - Violation constitutes a public nuisance. .......................................................................... 38 CHAPTER 16.130 – CLASS A SEWAGE SLUDGE .................................................................................................. 38 Sec. 16.130.120. - Department monitoring plan. .......................................................................................... 38 CHAPTER 18.04 – ANIMALS ............................................................................................................................... 38 Sec. 18.04.010. - Definitions.......................................................................................................................... 38 Sec. 18.04.040. - Impounding animals. ......................................................................................................... 38 Sec. 18.04.050. - Disposition of rabid or disabled animals. ......................................................................... 38 Sec. 18.04.060. - Disposition of impounded bovine animals, horses, mules or burros. ................................ 38 Sec. 18.04.070. - Disposition of other impounded animals. .......................................................................... 38 Sec. 18.04.080. - Notice of sale. .................................................................................................................... 38 Sec. 18.04.090. - Sale of animals. .................................................................................................................. 38 Sec. 18.04.100. - Proceeds of sale. ................................................................................................................ 38 Sec. 18.04.110. - Redemption of animals by owner. ...................................................................................... 38 Sec. 18.04.120. - Costs of redemption. .......................................................................................................... 38 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 39 CITY OF HEMET ........................................................................................................................................................... 50 CHAPTER 10 – ANIMALS .................................................................................................................................... 50 Sec. 10-31. - Definitions. ............................................................................................................................... 50 Sec. 10-34. - Vaccination certificate for dogs. .............................................................................................. 50 Sec. 10-35. - Dog kennels and pet shops. ...................................................................................................... 50 Sec. 10-45. - Declaration of general quarantine; skunk quarantine. ............................................................ 50 Updated November 2017 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 51 CITY OF INDIAN WELLS ........................................................................................................................................... 53 CHAPTER 6.48 – RABIES SUPPRESSION, CONTROL AND QUARANTINE ................................................................ 53 6.48.050 Preventive measures authorized during threatened or actual rabies epidemic. ............................ 53 CHAPTER 8.04 – HEALTH AND SANITATION ....................................................................................................... 53 8.04.010 Definitions. ..................................................................................................................................... 53 8.04.020 Owner’s responsibility for removal of refuse. ................................................................................ 53 CHAPTER 8.32 – COLLECTION, TRANSPORTATION, AND REMOVAL OF WASTE PRODUCTS ................................. 53 8.32.020 Violations and penalties. ................................................................................................................ 53 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 54 CITY OF INDIO ONLY SPECIFIC CODES FOR THE CITY HEALTH OFFICER CITY OF JURUPA VALLEY NO CODES REGARDING THE HEALTH OFFICER CITY OF LA QUINTA ................................................................................................................................................... 56 CHAPTER 10.04 – DEFINITIONS .......................................................................................................................... 56 10.04.030 Animal control officer—Health officer. ........................................................................................ 56 CHAPTER 10.16 – BITING ................................................................................................................................... 56 10.16.010 Biting animals and rabid animals —Quarantine orders. ............................................................. 56 10.16.040 Bitten animals—When to be quarantined. .................................................................................... 56 10.16.050 Disposition of animals appearing to have rabies. ........................................................................ 56 10.16.060 Rabies epidemics—Authority of health officer. ............................................................................ 56 CHAPTER 10.28 – OFFENSES .............................................................................................................................. 56 10.28.070 Public nuisance. ............................................................................................................................ 56 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 57 CITY OF LAKE ELSINORE........................................................................................................................................ 59 CHAPTER 5.20 – MASSAGE TECHNICIANS AND MASSAGE ESTABLISHMENTS ..................................................... 59 5.20.100 Health certificate. ........................................................................................................................... 59 CHAPTER 5.36 – AMBULANCE SERVICES ............................................................................................................ 59 5.36.010 Definitions. ..................................................................................................................................... 59 CHAPTER 5.88 – OUTDOOR FESTIVALS .............................................................................................................. 59 5.88.050 License – Application – Hearing. ................................................................................................... 59 5.88.100 Water facilities. ............................................................................................................................... 59 5.88.110 Food concessions. ........................................................................................................................... 59 5.88.120 Sanitation facilities. ........................................................................................................................ 59 5.88.130 Medical facilities. ........................................................................................................................... 59 5.88.180 Overnight camping facilities. ......................................................................................................... 59 CHAPTER 6.04 – ANIMALS AND ANIMAL CONTROL OFFICERS ........................................................................... 59 6.04.040 Vaccination requirements. .............................................................................................................. 59 CHAPTER 8.04 – WELL CONSTRUCTION ............................................................................................................. 60 8.24.020 Report – When required. ................................................................................................................ 60 Updated November 2017 8.24.030 Report – Contents. .......................................................................................................................... 60 CHAPTER 16.08 – DEFINITIONS .......................................................................................................................... 60 16.08.030 C definitions. ................................................................................................................................. 60 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 61 CITY OF MENIFEE ONLY SPECIFIC CODES FOR THE CITY HEALTH OFFICER CITY OF MORENO VALLEY .................................................................................................................................... 64 CHAPTER 9.14 – LAND DIVISIONS ...................................................................................................................... 64 9.14.040 Tentative maps—Information required. ......................................................................................... 64 CHAPTER 9.15 – DEFINITIONS ............................................................................................................................ 64 9.15.030 Definitions. ..................................................................................................................................... 64 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 65 CITY OF MURRIETA ................................................................................................................................................... 66 CHAPTER 16.70 – TEMPORARY USE PERMITS .................................................................................................... 66 16.70.030 Allowed Temporary Uses.............................................................................................................. 66 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 67 CITY OF NORCO ........................................................................................................................................................... 68 CHAPTER 5.44 – OUTDOOR FESTIVALS .............................................................................................................. 68 5.44.040 License--Application--Public hearing. ........................................................................................... 68 CHAPTER 6.56 – CLEANING CESSPOOLS ............................................................................................................. 68 6.56.040 License fees--Renewal--Tags. ......................................................................................................... 68 6.56.050 Methods of cleaning........................................................................................................................ 68 6.56.060 Monthly reports by licensee. ........................................................................................................... 68 6.56.070 Equipment specifications. ............................................................................................................... 68 6.56.090 Revocation of license. ..................................................................................................................... 68 CHAPTER 6.64 – FOOD HANDLERS ..................................................................................................................... 68 6.64.020 Definitions. ..................................................................................................................................... 68 6.64.050 Food worker’s certificate--Application. ......................................................................................... 68 6.64.060 Food worker’s certificate--Qualifications. ..................................................................................... 68 6.64.070 Food worker’s certificate--Issuance. .............................................................................................. 68 6.64.080 Food worker’s certificate--Duplicate. ............................................................................................ 68 6.64.090 Food worker’s certificate--Revocation. .......................................................................................... 68 6.64.100 Food worker’s certificate--Appeal. ................................................................................................ 68 CHAPTER 6.80 – SWIMMING POOLS AND BATHHOUSES ...................................................................................... 68 6.80.020 Permit requirement--Fees............................................................................................................... 68 6.80.030 Closing pool or bathhouse. ............................................................................................................. 68 6.80.040 Plans to construct pool or bathhouse--Submission to health officer.............................................. 69 CHAPTER 9.80 – LICENSURE OF TOBACCO RETAILERS ....................................................................................... 69 9.80.020 Definitions ...................................................................................................................................... 69 9.80.040 License Issuance, Standards ........................................................................................................... 69 9.80.080 License Violation ............................................................................................................................ 69 9.80.090 Revocation of License ..................................................................................................................... 69 Updated November 2017 CHAPTER 17.08 – DEFINITIONS .......................................................................................................................... 69 17.08.150 County health officer. ................................................................................................................... 69 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 70 CITY OF PALM DESERT ............................................................................................................................................ 76 CHAPTER 6.04 – DEFINITIONS ............................................................................................................................ 76 6.04.020 Animal control officer—Health officer. .......................................................................................... 76 CHAPTER 6.28 – OFFENSES ................................................................................................................................ 76 6.28.080 Public nuisance............................................................................................................................... 76 CHAPTER 8.55 – REGULATION OF THE DISCHARGE OF SEWAGE ......................................................................... 76 8.55.010 Sewage discharge—Alteration of plumbing facilities—Unlawful when. ........................................ 76 8.55.020 Definitions. ..................................................................................................................................... 76 8.55.030 General requirements for an approval. .......................................................................................... 76 8.55.040 Holding tanks. ................................................................................................................................. 76 8.55.050 Required connection to the public sewer. ....................................................................................... 76 8.55.060 Approval fees. ................................................................................................................................. 76 8.55.070 Enforcement. ................................................................................................................................... 76 8.55.090 Public nuisance declaration. .......................................................................................................... 76 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 77 CITY OF PALM SPRINGS ........................................................................................................................................... 80 CHAPTER 5.45 – MEDICAL CANNABIS RELATED BUSINESS AND ACTIVITIES ..................................................... 80 5.45.050 Definitions. ..................................................................................................................................... 80 CHAPTER 10.16 – BITING ................................................................................................................................... 80 10.16.010 Biting animals—Quarantine orders. ............................................................................................ 80 10.16.060 Rabies epidemics—Authority of health officer. ............................................................................ 80 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 81 CITY OF PERRIS ........................................................................................................................................................... 82 CHAPTER 5.46 – SWAP MEETS ........................................................................................................................... 82 Sec. 5.46.110. - Inspection by public safety officers...................................................................................... 82 CHAPTER 5.51 – TOBACCO LICENSING ............................................................................................................... 82 Sec. 5.51.020. - Definitions............................................................................................................................ 82 Sec. 5.51.030. - Tobacco license prerequisite; application process. ............................................................ 82 Sec. 5.51.040. - License issuance; standards. ............................................................................................... 82 Sec. 5.51.080. - License violation. ................................................................................................................. 82 CHAPTER 7.20 – FOOD HANDLERS ..................................................................................................................... 82 Sec. 7.20.020. - Definitions............................................................................................................................ 82 Sec. 7.20.050. - Application for food worker's certificate. ............................................................................ 82 Sec. 7.20.060. - Qualifications for food worker's certificate. ........................................................................ 82 Sec. 7.20.070. - Issuance of food worker's certificate. .................................................................................. 82 Sec. 7.20.080. - Duplicate food worker's certificate. .................................................................................... 82 Sec. 7.20.090. - Revocation of food worker's certificate. .............................................................................. 82 Sec. 7.20.100. - Appeal. ................................................................................................................................. 82 CHAPTER 7.32 – CONTROL OF FLIES .................................................................................................................. 82 Sec. 7.32.020. - Definitions............................................................................................................................ 82 Updated November 2017 Sec. 7.32.040. - Inspection by health officer. ................................................................................................ 82 Sec. 7.32.050. - Abatement proceedings—Notices. ....................................................................................... 82 Sec. 7.32.060. - Same—Hearing. ................................................................................................................... 83 Sec. 7.32.070. - Fly control standards. .......................................................................................................... 83 Sec. 7.32.080. - Hearing for repeated violators. ........................................................................................... 83 Sec. 7.32.090. - Costs shall become a special assessment. ........................................................................... 83 CHAPTER 8.08 – ANIMAL CONTROL ................................................................................................................... 83 Sec. 8.08.100. - Reporting suspected rabies. ................................................................................................. 83 Sec. 8.08.330. - Rabies suppression, control and quarantine. ...................................................................... 83 CHAPTER 14.16 – SEWAGE DISPOSAL AND GENERAL REGULATIONS ................................................................. 83 Sec. 14.16.020. - Private sewage disposal system—Permitted when. ........................................................... 83 Sec. 14.16.050. - Private sewage disposal system; nuisance action. ............................................................ 83 CHAPTER 14.22 – STORMWATER/URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROL ......................... 83 Sec. 14.22.030. - Definitions.......................................................................................................................... 83 Sec. 14.22.060. - Exemptions from discharge prohibitions. .......................................................................... 83 CHAPTER 16.12 – UNSAFE BUILDINGS ............................................................................................................... 83 Sec. 16.12.020. - Definitions.......................................................................................................................... 83 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 84 CITY OF RANCHO MIRAGE ..................................................................................................................................... 94 CHAPTER 8.04 – FOOD HANDLERS ..................................................................................................................... 94 8.04.020 Definitions. ..................................................................................................................................... 94 8.04.050 Food worker’s certificate— Application. ....................................................................................... 94 8.04.060 Food worker’s certificate— Qualification. .................................................................................... 94 8.04.080 Food worker’s certificate— Duplicate. .......................................................................................... 94 8.04.090 Food worker’s certificate— Revocation. ........................................................................................ 94 8.04.100 Food worker’s certificate—Appeal. ............................................................................................... 94 CHAPTER 8.08 – RESTAURANT REGULATIONS ................................................................................................... 94 8.08.040 Inspection—Grades. ....................................................................................................................... 94 CHAPTER 8.09 – TESTING OF WATER BACKFLOW PREVENTION DEVICES .......................................................... 94 8.09.010 Certificate of competency required. ............................................................................................... 94 8.09.020 Written report of inspection. ........................................................................................................... 94 8.09.030 Revocation of certificate. ................................................................................................................ 94 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 95 CITY OF RIVERSIDE ................................................................................................................................................... 97 CHAPTER 5.66 – AMBULANCES .......................................................................................................................... 97 Section 5.66.220 Mutual aid requirements. ................................................................................................... 97 CHAPTER 6.04 – SOLID WASTE AND RECYCLING MATERIAL ............................................................................. 97 Section 6.04.120 Manure removal from premises. ........................................................................................ 97 CHAPTER 19.217 – RESIDENTIAL LIVESTOCK OVERLAY ZONE .......................................................................... 97 19.217.030 Development and Use Standards. ............................................................................................... 97 FULL TEXT OF MUNICIPAL CODE ....................................................................................................................... 98 CITY OF SAN JACINTO .............................................................................................................................................. 99 CHAPTER 5.32 – MASSAGE PARLORS ................................................................................................................. 99 Updated November 2017 5.32.150 Employee—Health certificate. ........................................................................................................ 99 CHAPTER 8.28 – FOOD HANDLERS ..................................................................................................................... 99 8.28.020 Definitions. ..................................................................................................................................... 99 8.28.070 Certificate—Application. ................................................................................................................ 99 8.28.080 Certificate—Qualifications. ............................................................................................................ 99 8.28.090 Certificate—Issuance...................................................................................................................... 99 8.28.100 Certificate—Duplicates. ................................................................................................................. 99 8.28.110 Certificate—Revocation. ................................................................................................................. 99 8.28.120 Appeals. .......................................................................................................................................... 99 CHAPTER 8.32 – GARBAGE COLLECTION AND DISPOSAL ................................................................................... 99 8.32.010 Definitions. ..................................................................................................................................... 99 8.32.030 Containers—Requirements. ............................................................................................................ 99 8.32.070 Hazardous waste hauling requirements. ........................................................................................ 99 CHAPTER 16.04 – GENERAL PROVISIONS ........................................................................................................... 99 16.04.050 Definitions. ................................................................................................................................... 99 FULL TEXT OF MUNICIPAL CODE ..................................................................................................................... 100 CITY OF TEMECULA ................................................................................................................................................ 105 CHAPTER 5.22 – MASSAGE AND MASSAGE ESTABLISHMENTS ......................................................................... 105 5.22.060 Application for massage technician permit. ................................................................................. 105 5.22.100 Health certificate. ......................................................................................................................... 105 CHAPTER 6.02 – KEEPING AND CONTROLLING DOGS AND CATS – CONTROL AND SUPPRESSION OF RABIES ... 105 6.02.010 Definitions. ................................................................................................................................... 105 CHAPTER 6.04 – SEIZURE OF HURT ANIMALS .................................................................................................. 105 6.04.060 Need for immediate seizure not present – Preseizure procedure. ................................................ 105 6.04.120 Hearings. ...................................................................................................................................... 105 FULL TEXT OF MUNICIPAL CODE ..................................................................................................................... 106 CITY OF WILDOMAR ................................................................................................................................................ 110 CHAPTER 8.16 – COMMERCIAL POULTRY RANCHES ........................................................................................ 110 8.16.010 Definitions. ................................................................................................................................... 110 8.16.040 Payment of fees/receipts. .............................................................................................................. 110 8.16.050 Reinspection/fee. ........................................................................................................................... 110 8.16.080 Transfer fee. .................................................................................................................................. 110 FULL TEXT OF MUNICIPAL CODE ..................................................................................................................... 111 CITIES MUNICIPAL CODES ................................................................................................................................... 112 Updated November 2017 Adoption of County of Riverside Health Officer The first page for each city is a summary of each municipal code that mentions the health officer. Following the page(s) of summary will be the complete text of the selected municipal code from the city. Page | 1 City of Banning Chapter 8.08 – Ambulances 8.08.020 - Miscellaneous provisions. The Riverside county health office shall recommend to the city council for approval the name of the permittee selected in accordance with the EMSP. The city manager or his representative shall be the EMSP representative to the county of Riverside health officer. Chapter 8.24 – Food Establishments and Facilities 8.24.190 - Definitions. Health officer means the health officer of the county of Riverside, or his or her designated representative. 8.24.220 - Application for food worker's certificate. If a food worker’s certificate is required, it must be filed with the health officer. 8.24.230 - Qualification for food worker's certificate. An examination to prove knowledge set forth in the Food Worker’s manual will be conducted by the health officer. 8.24.250 - Duplicate food worker's certificate. If needed, a duplicate certificate will be produced by the health officer. 8.24.260 - Revocation of food worker's certificate. The food worker's certificate may be revoked by the health officer. 8.24.270 - Appeal. If a person has had their food worker’s certificate application denied or revoked by the health officer, they may appeal to the clerk of the board of supervisors. Chapter 8.48 – Nuisances 8.48.010 - Definitions. Health officer means the official of the city or the county of Riverside. 8.48.350 - Right of entry. If the building official, chief, health officer or city manager needs to make inspections of has reasonable cause to believe that a building is in violation of this code, then th ey may enter the building at reasonable times to inspect or perform the duties imposed by this code. If the building is occupied, credentials must be presented to the occupant. If the building is abandoned, then they first must make a reasonable effort to locate the owner and request entry. If entry is refused, an administrative warrant shall be obtained to secure entry. 8.48.360 - Immediate hazard. If a condition poses an immediate hazard to public health or safety shall be determined and declared by the city manager, police chief, fire chief or building official. In this event, the city manager, police chief, fire chief, health officer, or building official may take immediate action. 8.48.370 - Report of findings. There must be a report of all dangerous or damaged or which may constitute a public nuisance found in inspected buildings, structures, yards or other premises by the building official, chief, health officer, or city manager. This must include the condition of the premises and their recommendatio n for abatement thereof. 8.48.380 - Notice to abate public nuisance—Notice of pendency. If the building official, chief, health officer, or city manager, find something that constitutes a nuisance that city abatement is necessary to protect public health, safety, or welfare, then the city manager must prepare a notice to abate the nuisance. There is a specific form that this must be in. 8.48.460 - Hearing on abatement—Content of testimony. The building official, chief, health officer, other officials or employees of the city or other qualified witnesses, are able to offer testimony or evidence. They can testify regarding: A. The condition of the affected premises; B. The estimated cost of abating the alleged nuisance by repair or removal; and C. Any other pertinent matters. Page | 2 Full Text of Municipal Code 8.08.020 - Miscellaneous provisions. In addition to the regulations established in Section 8.08.010, the following rules and regulations shall apply to the provisions of ambulance service within the city: A. The city shall be a competitive, exclusive operating area. B. The Riverside county health office shall recommend to the city council for approval the name of the permittee selected in accordance with the EMSP. C. The city council shall issue an annual permit in accordance w ith the permit issuance portion of Ordinance No. 577.2. D. All ambulance service providers shall respond to ninety percent of all emergency calls for service within nine minutes. E. All ambulance service providers shall provide at least one ambulance in the oper ating area at all times. F. Any failure of any ambulance service provider to meet response times shall be immediately reported to the emergency dispatch center for the city. G. All ambulance service providers shall pay a permit fee of one thousand dollars prior to the issuance of the annual permit. The permit will be issued by the city manager upon receipt of the permit fees. H. The ambulance service provider shall have mobile radio equipment operational on the following frequencies: 154.445MHZ, 156.075MHZ. These fr equencies are in addition to those required by Riverside County Ordinance No. 577.2. I. The ambulance service provider shall reimburse the city for the cost associated with the city providing equipment and personnel to the ambulance service provider. J. The city manager or his representative shall be the EMSP representative to the county of Riverside health officer. K. As a condition of the city issuing a permit, the ambulance provider shall sign a statement agreeing to appear and defend all actions against the city arising out of the exercise of said permit, and shall indemnify, defend, and save the city, its officers, employees and agents harmless of and from all claims, demands, actions or causes of action of every kind and description resulting directly or indire ctly and arising out of, or in any way connected with the exercise of this permit. L. The city shall be named additional insured on the general liability policy required in County Ordinance No. 577.2. Such insurance shall be primary and noncontributing to any insurance or self-insurance maintained by the city. A copy of said general liability policy shall be submitted with permit application. M. Any person or entity who/which violates any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars or by imprisonment in the county jail for a period of not more than one year or by both such fine and imprisonment. (Code 1965, § 24A-2.) 8.24.190 - Definitions. As used in this article: "Food worker's certificate" means a statement issued by the health officer certifying that a person has satisfactorily demonstrated his or her competency in food sanitation principles and practices. "Food Worker's Manual" means the manual prepared and distributed to food handlers by the health officer that describes acceptable procedures and sanitary practices as it pertains to the retail food service industry. "Health officer" means the health officer of the county of Riverside, or his or her designated representative. (Code 1965, § 9-31.) 8.24.220 - Application for food worker's certificate. Any person who is engaged or intends to engage in an occupation or employment for which a food worker's certificate is required by Section 8.24.200 of this article shall file with the health officer an application for such certificate or a renewal thereof i n such form as the health officer may require, which application shall be accompanied by a nonrefundable fee of five dollars provided, however, students sixteen years of age or older engaged in school food operati ons are exempted from such fee. (Code 1965, § 9-34.) 8.24.230 - Qualification for food worker's certificate. To qualify for the issuance or renewal of a food worker's certificate as required by Section 8.24.200 of this article, the applicant shall have demonstrated his or her knowledge of acceptable practices in the sanitary preparation, service, storage, distribution and sale of food and beverages and the proper sanitation of equipment and facilities. Such demonstration of knowledge shall be by satisfactorily passing an examination conducted by the health officer on such subjects, based on the practices and procedures set forth in the Food Worker's Manual. A copy of the latest edition of the manual shall be made available by the health officer to those persons applying for a food worker's certificate of renewal thereof. (Code 1965, § 9-35.) 8.24.250 - Duplicate food worker's certificate. A duplicate food worker's certificate, for good cause, may be issued by the health officer for a fee of one dollar. (Code 1965, § 9-37.) 8.24.260 - Revocation of food worker's certificate. The food worker's certificate may be revoked by the health officer upon evidence indicating repeated or continuing violations of accepted practices and procedures in the preparation, Page | 3 service, storage, distribution, or sale of food or beverages, or upon evi dence indicating falsification of information required for issuance of such certificate. (Code 1965, § 9-38.) 8.24.270 - Appeal. Any person who has an application for a food worker's certificate denied by the health officer, or who has had such a certificate revoked by the health officer, may appeal such denial or revocation by filing with the clerk of the board of supervisors, within ten days after the date of such denial or revocation, a written notice of appeal briefly setting forth the reasons why such denial or revocation is not proper. The clerk shall give notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the board of supervisors which may affirm, amend or reverse the decision or take such other action as it de ems appropriate. In conducting the hearing, the board of supervisors shall not be limited by t he technical rules of evidence. (Code 1965, § 9-39.) 8.48.010 - Definitions. For purposes of this chapter, words and phrases designated herein shall have the foll owing meanings: "Building official" means the building official of the city, and, for all provisions of this chapter except Section 8.48.480, his authorized agents, assistants, deputies or representatives. "Chief" means the chief of the fire department of the city, and, for all provisions of this chapter except Section 8.48.480, his or her authorized agents, assistants, deputies or representatives. "City" means the City of Banning, California. "City council" means the city council of the city. "City manager" means the city manager of the city, and, for all provisions of this chapter except Section 8.48.480, his or her authorized agents, assistants, deputies or representatives. "Code enforcement manager" means the code enforcement manager of the city, and, for all provisions of this chapter except Section 8.48.480, his or her authorized agents, assistants, deputies or representatives. "Health officer" means the official of the city or the county of Riverside responsible for the enforcem ent of laws, ordinances, rules and regulations of the state, county and city relating to the public health, sanitation, food handling and environmental health including his or her authorized agents, assistants, deputies or representatives. "Hearing officer" means the abatement hearing officer created by this chapter. "Official" means any officer or official authorized to take action with respect to the abatement of a nuisance on behalf of the city, including the building official, chief, city manager, healt h officer, code enforcement manager and their designees. "Public nuisance" means an act or condition, as specifically set forth herein or otherwise, which poses a danger to the health, welfare or safety of the community or neighborhood, or is indecent or o ffensive 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 a customary manner of any public park, street, stream or highway . A "public nuisance" affects at the same time the entire community or neighborhood or any considerable number of persons although the extent of the annoyance or damage inflicted u pon individuals may be unequal. (Code 1965, § 11C-1.) 8.48.350 - Right of entry. Except as set forth at section 8.48.520 of this chapter: A. When it is necessary to make inspections to enforce the pro visions of this Code, or when the building official, chief, health officer or city manager has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this Code and which is a publi c nuisance as defined by this Code, the building official, chief, health officer or city manager may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Code. If such building or premises be occupied, or it is reasonably apparent that the building or premises are occupied, credentials shall be presented to the occupant and entry requested. If it reasonably appears that such building or premises are abandoned, the building official, chief, health officer or city manager shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. B. If entry is refused, the building official, chief, health officer or city manager shall obtain an administrative warrant from the court to secure entry. (Code 1965, § 11C-29.) 8.48.360 - Immediate hazard. A. Any condition which poses an immediate hazard to public health or safety shall be determined and declared by the city manager, police chief, fire chief or building official to be an immediate hazard. In such event, the city manager, police chief, fire chief, health officer or building official may take immediate action to abate the hazard, without notice to the owner of the premises involved, or any other interested person, and without the necessity of a hearing thereon by the hearing officer or the city council prior to such action. However, such immediate action shall be limited to such action as the city manager, police chief, fire chief, health o fficer or building official deems reasonably necessary in his or her discretion to eliminate the immediate hazard or to protect persons and property from immediate injury or damage. Any further action to abate a nuisance which does not pose an immediate ha zard to public health and safety shall be taken only in accordance with the procedures set forth in this chapter. Page | 4 B. Following such immediate abatement, notice shall be given and an opportunity for appeal shall be given as for any other abatement action hereu nder. (Code 1965, § 11C-29.1.) 8.48.370 - Report of findings. The building official, chief, health officer, or city manager, acting either in concert or independently, may examine, or cause to be examined, every building, structure, yard or other premises reported to the official or to or by a city department head or his or her designee as dangerous or damaged or which may constitute a public nuisance, and upon examination shall prepare a report of findings setting forth the condition of the premises, and, if necessary, their recommendation for abatement thereof. The report shall remain available for review and inspection by the legal or equitable owners of the property to which it relates. (Code 1965, § 11C-30.) 8.48.380 - Notice to abate public nuisance—Notice of pendency. A. If the building official, chief, health officer or city manager finds that any premises, constitutes a nuisance and determines that city abatement thereof is necessary to protect the public health, safety, or welfare, the city manager shall cause to be prepared a notice to abate public nuisance stating in detail the conditions which render the premises a public nuisance. The city manager's authority is designated to the other officials as needed. The notice shall set forth the street addre ss, assessor's parcel number or other appropriate method of determining the location of the nuisance. Such notice shall be in su bstantially the following form: B. The city manager shall also cause to be filed a notice of pendency of administrative action in the records of the county recorder respecting the property. Such notice shall be in a form as acceptable to the county recorder. (Code 1965, § 11C-31.) 8.48.460 - Hearing on abatement—Content of testimony. The nuisance abatement hearing officer shall, at t he scheduled time as specified in the notice of hearing to abate public nuisance, proceed to hear and consider any relevant testimony or evidence offered by the building official, chief, health officer, other officials or employees of the city or other qualified witnesses, as well as the owner, a responsible person in charge and control of the premises, his representatives, a mortgagee or beneficiary under any trust deed, lessee, any other person having any estate or interest in such premises, and any other competent person who may be present and desire to testify, respecting: A. The condition of the affected premises; B. The estimated cost of abating the alleged nuisance by repair or removal; and C. Any other pertinent matters. The nuisance abatement hearing officer may continue the hearing from time to t ime as he shall deem advisable. (Code 1965, § 11C-39.) Page | 5 City of Beaumont Chapter 8.32 – Nuisances 8.32.000 Definitions. "Health Officer" means the official of the City or the County responsible for the enforcement of laws, ordinances, rules and regulations of the State, County and City relating to the public health, sanitation, food handling and environmental health including his authorized agents, assistants, deputies or representatives. 8.32.280 Right of Entry. If the building official, chief, health officer or city manager needs to make inspections of has reasonable cause to believe that a building is in violation of th is code, then they may enter the building at reasonable times to inspect or perform the duties imposed by this code. If the building is occupied, credentials must be presented to the occupant. If the building is abandoned, then they first must make a reaso nable effort to locate the owner and request entry. If entry is refused, an administrative warrant shall be obtained to secure entry. 8.32.290 Report of Findings. There must be a report of all dangerous or damaged or which may constitute a public nuisance found in inspected buildings, structures, yards or other premises by the building official, chief, health officer, or city manager. This must include the condition of the premises and their recommendation for abatement thereof. 8.32.300 Order to Abate Public Nuisance. If the building official, chief, health officer, or city manager, find something that constitutes a nuisance that city abatement is necessary to protect public health, safety, or welfare, then the city manager must prepare a notice to abate the nuisance. There is a specific form that this must be in. 8.32.360 Hearing on Abatement - Content of Testimony. The building official, chief, health officer, other officials or employees of the city or other qualified witnesses, are able to offer testimony or evidence. They can testify regarding: A. The condition of the affected premises; B. The estimated cost of abating the alleged nuisance by repair or removal; and C. Any other pertinent matters. 8.32.425 Right of Entry to Abate. The Fire Chief, Police Chief, Director, Health Officer and City Manager can enter vacant or occupied premises to carry out an Order to Abate Public Nuisance. If premises are occupied, credentials shall be presented and permission to enter shall be obtained in writing. If the premises are secured, a reasonable effort shall be made to locate the owner for permission to enter. If entry is refused or cannot be obtained, the Fire Chief, Police Chief, Director, Health Officer, or City Manager shall obtain such authorization, including a warrant, as is \may be necessary under the circumstances to secure entry. 8.32.430 Immediate Hazards. If a condition poses an immediate hazard to public health or safety shall be determined and declared by the city manager, police chief, fire chief or building official. In this event, the city manager, police chief, fire chief, health officer, or building official may take immediate action. 8.32.440 Costs - Report. The Fire Chief, Police Chief, City Manager, Director or Health Officer shall keep an account of the cost (including incidental expenses) of abating any nuisance or immediate hazard on each separate premise where the work has been done and, upon completion of the abatement. Chapter 16.08 – Definitions 16.08.070 Health officer. "Health officer" means the health officer of the county. Page | 6 Full Text of Municipal Code 8.32.000 Definitions. For purposes of this Chapter, words and phrases designated herein shall have the following meaning; "Fire Chief' means the Chief of the Riverside County Fire Department providing fire protection services to the City, and his authorized agents, assistants, deputies or representatives. "Police Chief' means the Chief of the Police Department of the City of Beaumont, California, and his authorized agents, assistants, deputies or representatives. "City" means the City of Beaumont, California. "City Council" means the City Council of the City of Beaumont, California. "Director" means the City's Director of Community Development, and his authorized agents, assistants, deputies or representatives. "Health Officer" means the official of the City or the County responsible for the enforcement of laws, ordinances, rules and regulations of the State, County and City relating to the public health, sanitation, food handling and environmental health including his authorized agents, assistants, deputies or representatives. "City Manager" means the City Manager of the City of Beaumont, California, and his authorized agents, assistants, deputies or representatives. "Public Nuisance" means any act or condition defined in Civil Code, Section 3480, including, but not limite d to, the acts or conditions more particularly described below in Sections 8.32.030 through 8.32.270. "Premises" means any building, structure, wall, fence, property, lot, setback, yard, or any portion thereof. 8.32.280 Right of Entry. The Fire Chief, Police Chief, Director, Health Officer and City Manager shall be entitled to enter any premises, occupied or vacant, to determine whether any act or condition may constitute a public nuisance if he/she has reasonable cause to believe that such act or condition may exist on the premises. If the premises are occupied, credentials shall be presented to the occupant and permission to enter shall be obtained in writing. In the event that the premises are secured against entry, a reasonable effort shall be made to l ocate the owner or other persons having charge or control over the premises for permission to enter. If entry is refused, the Fire Chief, Police Chief, Director, Health Officer, or City Manager shall obtain such authorization, including a warrant, as may b e necessary under the circumstances to secure entry. 8.32.290 Report of Findings. The Fire Chief, Police Chief, Director, Health Officer, or City Manager, acting either in concert or independently, may examine, or cause to be examined, every premises reported in writing to or by a City department head or his/her designee as dangerous or damaged or which may constitute a public nuisance, and upon examination shall prepare a Report of Findings setting forth the condition of the premises and, if necessary, his /her/their recommendation for the review and inspection by the legal or equitable owners of the premises to which it relates. 8.32.300 Order to Abate Public Nuisance. If the Police Chief, Fire Chief, Building Official, Health Officer or City Manager finds that any premises constitutes a nuisance and determines that City abatement thereof is necessary to protect the public health, safety, or welfare, the City Manager shall cause to be prepared an Order to Abate Public Nuisance stating in detail the condition which renders the premises a public nuisance. The Order shall set forth the street address, the assessor's parcel number or other appropriate method of determining the location of the nuisance. Such Order shall be in substantially the following form: (Ord. 957, 10/06) 8.32.360 Hearing on Abatement - Content of Testimony. The Nuisance Abatement Hearing Officer shall, at the scheduled time as specified in the Notice of Hearing to Abate Public Nuisance, proceed to hear and consider any relevant testimony or evidence offered by the Fire Chief, Police Chief, Director, Health Officer, City Manager, other officials or employees of the City or other qualified witnesses, as well as the owner, a responsible person in charge and control of the affected premises, his representatives, a mortgagee or beneficiary under any trust deed, lessee, any other person having any estate or interest in such premises, or any other competent person who may be present and desire to testify, respecting: A. The condition of the affected premises, B. The estimated cost of abating the alleged nuisance by repair or removal, and C. Any other pertinent matters. The Nuisance Abatement Hearing Officer may continue the hearing from time to time as it shall deem advisable. (Ord. 716 §2, 1993) 8.32.425 Right of Entry to Abate. The Fire Chief, Police Chief, Director, Health Officer and City Manager shall be entitled to enter vacant or occupied premises to carry out an Order to Abate Public Nuisance. If the premises are occupied, credentials shall be presented to the occupant and permission to enter shall be obtained in writing. In the event that the premises are secured against entry, a reasonable effort shall be made to locate the owner or other persons having charge or control over the premises for permission to enter. If entry is refused or cannot be obtained, the Fire Chief, Police Chief, Director, Health Officer, or City Manager shall obtain such authorization, including a warrant, as \may be necessary under the circumstances to secure entry. Authorization may be obtained following the same procedures as set forth in state law for inspection authorization, including, but not limited to, obtaining from the municipal court an administrative abatement warrant. Page | 7 8.32.430 Immediate Hazards. Any condition which poses an immediate hazard to public health or safety shall be determined and declared by the City Manager, Police Chief, Fire Chief, Health Officer or Director to be an immediate hazard. In such event, the City Manager, Police Chief, Fire Chief, Health Officer or Director may take immediate action to abate the hazard, without notice to the owner, lessee, person having custody or charge of the premises involved, or any other interested person, and without the necessity of a hearing thereon by the Hearin g Officer. However, such immediate action shall be limited to such action as the City Manager, Police Chief, Fire Chief, Health Officer or Director deems reasonably necessary in his/her discretion to eliminate the immediate hazard or to protect persons or property from immediate injury or damage. Any further action to abate a nuisance which does not pose an immediate hazard to public health and safety shall be taken only in accordance with the procedures set forth in this Chapter. (Ord. 716 §2, 1993) 8.32.440 Costs - Report. The Fire Chief, Police Chief, City Manager, Director or Health Officer shall keep an account of the cost (including incidental expenses) of abating any nuisance or immediate hazard on each separate premises where the work has been done and, upon completion of the abatement, the City Manager shall cause to be prepared and filed with the City Clerk an itemized Report of Costs of Nuisance Abatement specifying the following: A. The work performed; B. The cost of the work, including any salvage value and incidental expenses; C. A description of the premises on which the nuisance or immediate hazard was located. D. The names and addresses of the persons entitled to notice pursuant to the provisions of this Chapter. E. The assessment against each premises proposed to be levied to pay the cost thereof. Any such Report of Costs of Nuisance Abatement may include work performed on any number of premises, whether or not contiguous to each other. The term "incidental expenses" includes, but is not limited to, the expenses and costs of the City in the preparation of notices, specifications and contracts, inspection of the work, reports of title search and the costs of printing, mailing and serving papers required under this Chapter. 16.08.070 Health officer. "Health officer" means the health officer of the county. (Ord. 547 52.1 (G), 1983) Page | 8 City of Blythe Chapter 5.20 – Campgrounds 5.20.010 - Definitions. "Health department" means the health department or the health officer of the city or the county of Riverside 5.20.020 - Permit—Required. It is unlawful for any person, firm or corporation to operate, maintain or offer for public use within the corporate limits of the city any campground without first applying for and receiving from the health department a permit. 5.20.030 - Permit—Application. Each application for the permit shall be in writing, upon a form provided by the health department for that purpose. It shall state the name and address of the applicant and a description of the pr operty, whereon or wherein it is proposed to conduct a campground. It shall also contain such other information as the health department may require and it shall be filed by the applicant. It must be filed with the health department no fewer than five days, nor more than fifteen days, before said campground is made ready for use. 5.20.050 - Permit—Investigation. After filing the application and paying the inspection fee, it shall be the duty of the health department or any of its duly authorized representat ives to investigate the premises and determine whether the proposed campground or the site selected therefor conforms to the requirements of this chapter, the rules and regulations of the health department and the laws of the state. 5.20.060 - Permit—Revocation or suspension. To revoke or suspend a permit, the health department must serve a notice specifying the failure to comply with this chapter, upon the person holding the permit. This must be followed with a hearing where the person holding the permit can introduce such evidence that he may desire. The health department shall, after the hearing, revoke or suspend the permit. 5.20.070 - Permit—Transferability. The permit is transferrable upon the written application of the holder of the permit to the hea lth department and with its consent endorsed thereon. 5.20.080 - Permit—Posting. The health department permit must be posted at all times. 5.20.150 - Toilets. There must be a water closet for each sex. In addition, there must be an additional water closet for each sex for every fifteen or fraction part thereof in excess of fifteen males of fifteen females living in the campground, provided, however, the health department may exempt any campground at its discretion, as long as the deviation will not be detrimental to the health of the persons occupying the campground. 5.20.160 - Garbage receptacles. The health department must decide how many trashcans with close-fitting metal covers for garbage, refuse, ashes and rubbish are necessary for the campground. At all times, they should be maintained in a clean and sanitary condition. 5.20.180 - Refuse and sewage disposal. The wastewater from sinks, baths, showers or other plumbing fixtures must either be connected to the city sewer system or be disposed of in a manner satisfactory to the health department. 5.20.220 - Enforcement—Health officer. The health department must enforce all provision of this chapter. Therefor e, the have the right and are empowered to enter upon the premises of any campground. 5.20.230 - Enforcement—Health department. The health department can enforce any rules and regulations that it deems advisable governing operation of campgrounds. Chapter 8.04 – Food Handlers 8.04.020 - Health certificate—Application. If a health certificate is required, it must be filed with the health officer of the county of Riverside. In addition to the application, there must be a signed statement of a physician showing that the applicant is free of active communicable tuberculosis. The statement must indication that the applicant has received either a normal chest X- ray or an intradermal Mantoux test in the past six months. Page | 9 8.04.030 - Health certificate—Issuance—Temporary certificate. If every part of the application is satisfactory, then the health certificate shall be issued. The certificate will expire one year after it was issued. If the applicant’s health requires further investi gation, they shall be offered a temporary health certificate that will be valid for three months. 8.04.050 - Health certificate—Duplicate. If necessary, the health officer can issue a duplicate health certificate. 8.04.060 - Health certificate—Substitute. A valid certificate of health can be issued by the public health department in lieu of the health certificate issued by the county health officer. 8.04.070 - Health certificate—Revocation. The county health officer can revoke any health certificate if h e determines that the holder is infected with active communicable tuberculosis. Chapter 8.40 – Food Handlers Certification 8.40.020 - Definitions. “Health officer” means the health officer of the county, or his or her designated representative. 8.40.050 - Application for food worker's certificate. If a food worker’s certificate is required, it must be filed with the health officer. 8.40.060 - Qualification for food worker's certificate. An examination to prove knowledge set forth in the Food Worker’s manual will be conducted by the health officer. 8.40.080 - Duplicate food worker's certificate. If needed, a duplicate certificate will be produced by the health officer for three dollars. 8.40.090 - Revocation of food worker's certificate. The food worker's certificate may be revoked by the health officer. 8.40.100 - Appeal. If a person has had their food worker’s certificate application denied or revoked by the health officer, they may appeal to the city clerk. Page | 10 Full Text of Municipal Code 5.20.010 - Definitions. For the purpose of this chapter certain words and phrases are defined as follows and certain provisions shall be construed as set forth in this section, unless it is apparent from their context that they have a different meaning: "Camp cars and/or trailers" means any unit used for living or sleeping purposes, and which is equipped with wheels or similar devices used for the purpose of transporting said unit from place to place, whether by motive power or by other means. "Campground" means any place, area or tract of land upon which is located any camp car and/or trailer. "Health department" means the health department or the health officer of the city or the county of Riverside. (Ord. 152 § 1, 1942) 5.20.020 - Permit—Required. It is unlawful for any person, firm or corporation to operate, maintain or offer for public use within the corporate limits of the city any campground without first applying for and receiving from the health department a permit to do so, in the manner provided i n this chapter, or without complying with regulations set forth in this chapter, or any rules and regulations which may be formulated by the health department from time to time, and the laws of the state. (Ord. 152 § 3, 1942) 5.20.030 - Permit—Application. Each application for the permit required by Section 5.20.020 shall be in writing, upon a form provided by the health department for that purpose. It shall state the name and address of the applicant and a description of the property, whereon or wherein it is proposed to conduct a campground. It shall also contain such other information as the health department may require and it shall be filed by the applicant. It shall be filed with the health department not fewer than five days, nor more than fifteen days, before said campground is made ready for use, and it shall also be accompanied by an inspection fee in the following sum:  Campgrounds containing ten trailers or fewer shall pay an inspection fee of one dollar per trailer; and  Campgrounds containing more than ten trailers shall pay a maximum inspection fee of ten dollars, irrespective of the number of trailers; for which sum the health department shall issue a receipt. (Ord. 154 § 1, 1943: Ord. 152 § 4, 1942) 5.20.050 - Permit—Investigation. Upon the filing of the application described in Section 5.20.030, accompanied by the inspection fee, it shall be the duty of the health department or any of its duly authorized representatives to investigate the premises and determine whether the proposed campground or the site selected therefor conforms to the requirements of this chapter, the rules and regulations of the health department and the laws of the state, and no permit shall be issued unless such campground or the site selected therefor complies with such re quirements and the approval of the health department; and said department may at its discretion approve or reject any proposed campground site. (Ord. 152 § 6, 1942) 5.20.060 - Permit—Revocation or suspension. Any permit granted under this chapter shall be subject to revocation or suspension by the health department in the following manner: A notice shall be served upon the person holding said permit specifying wherein he has failed to comply with this chapter, and requiring him to appear before the health d epartment, at a day and hour therein specified, not fewer than five days after the personal service of said notice on such permit holder, requiring him to show cause at said time and place why said permit should not be revoked or suspended. At the time and place mentioned in the notice, the person holding the permit shall have the right to appear in person, or by counsel, and to introduce such evidence as he may desire, and the health department shall confront said permit holder with any charges that the health department may have against him; and after the hearing, the health department, at its discretion, ma y revoke or suspend the permit. (Ord. 152 § 7, 1942) 5.20.070 - Permit—Transferability. The permit provided for in this chapter shall be transferrable upon the written application of the holder of the permit to the health department and with its consent endorsed thereon. A permit may be granted at any time during the year and, unless previously revoked, shall expire one calendar year following the date o f issue. (Ord. 152 § 8, 1942) 5.20.080 - Permit—Posting. It is unlawful for any person, firm or corporation to establish, maintain, conduct or carry on any campground unless there is at all times posted in a conspicuous place at said campground the permit obtained from the health department in accordance with the provisions of this chapter. (Ord. 152 § 9, 1942) 5.20.150 - Toilets. There shall be provided in every existing campground, and every campground which may be established after the effective date of the ordinance codified in this chapter, one water closet for each sex. One of such water closets shall be distinctly marked "For Men" and one of such water closets shall be distinctly marked "For Women"; and there shall be provided an additional waterclose t for each sex for every fifteen or fraction part thereof in excess of fifteen males or fifteen females living in the campground; provided, however, that the health department may exempt any campground existing at the time of the passage of the ordinance c odified in this chapter from full Page | 11 compliance with the provisions of this section when, in its discretion, such deviation will not be detrimental to the health of persons occupying the campground or to the proper sanitation of the premises. (Ord. 152 § 18, 1942) 5.20.160 - Garbage receptacles. There shall be provided in every campground established at the time of or after the effective date of the ordinance codified in this chapter such number of tight receptacles with close -fitting metal covers for garbage, refuse, ashes and rubbish as may be deemed necessary by the health department; and such garbage receptacles shall at all times be maintained in a clean and sanitary condition. (Ord. 152 § 19, 1942) 5.20.180 - Refuse and sewage disposal. It is unlawful to permit any wastewater or material from sinks, baths, showers or other plumbing fixtures in camp cars and/or trailers to be deposited upon the surface of the ground, and all such fixtures, when in use, must be connected to the city sewer system, or the drai nage therefrom must be disposed of in a manner satisfactory to the health department. (Ord. 152 § 21, 1942) 5.20.220 - Enforcement—Health officer. It shall be the duty of the health department to enforce all the provisions of this chapter and, for the purp ose of securing enforcement thereof, the health officer, or any of his duly authorized representatives, shall have the right and are empowered to enter upon the premises of any campground operated at the time of or after the effective date of the ordinance codified in this chapter within the city of Blythe to inspect the same and all accommodations connected therewith. (Ord. 152 § 2, 1942) 5.20.230 - Enforcement—Health department. The health department is empowered to formulate from time to time and to enforce any rules and regulations that said department may deem advisable governing the operation of campgrounds or camp cars and/or trailers bearing on any matters of sanitation or housing. (Ord. 152 § 12, 1942) 8.04.020 - Health certificate—Application. A. Each person who is engaged or intends to engage in an occupation or employment for which a health certificate is required by Section 8.04.010, before or within three weeks after he begins such work, shall file, with the county health officer of the county of Riverside, an application for a health certificate, in such form as the county health officer may require. B. Such application must be accompanied by a signed statement of a physician duly authorized to practice in the state, or a report from an organization acceptable to the county health officer, showing that the applicant is free of active communicable tuberculosis. C. Said statement or report shall show that, within six months of the date of application, the applicant has received either: 1. A normal chest X -ray which shows the applicant to be free of active communicable tuberculosis, or 2. An intradermal Mantoux test, the results o f which was negative. D. The statement or report must show that in the Mantoux test no less than five tuberculin units, which is the equivalent of .0001 milligrams intermediate PPD, or one to two thousand solution of old tuberculin freshly prepared, have been used. Induration of six or more millimeters will be construed as a positive skin test. E. All positive skin test reactors to the Mantoux test will be required to obtain a chest X -ray. F. The statement or report shall bear a date not more than six months before the date of application. (Ord. 272 § 2, 1960) 8.04.030 - Health certificate—Issuance—Temporary certificate. A. If the health officer determines from an examination of the statement or report accompanying the application provided for in Section 8.04.020, or from such other evidence as he may require, that an applicant for a health certificate is free from active communicable tuberculosis, he shall immediately issue a health certificate to the applicant which shall state such fact, and which shall bear the name of the applicant and the date of issuance. Such health certificate shall expire one year after the date it was issued. B. Any person whose health, in the opinion of the county health officer, requires further investigation may be issued a temporary health certificate, at the discretion of the county health officer, for a period up to three months, during which time such investigation shall be carried out to determine the presence of ac tive communicable tuberculosis. (Ord. 272 § 3, 1960) 8.04.050 - Health certificate—Duplicate. The county health officer, for good cause, may issue duplicate health certificates. (Ord. 272 § 4, 1960) 8.04.060 - Health certificate—Substitute. A valid and effective certificate of health, indicating that the applicant is free from active communicable tuberculosis, issued by any regularly constituted public health department and bearing a date of issuance, shall be accepted in lieu of the health certificate issued by the county health officer during its period of validity, not to exceed one year from the date of its issuance. (Ord. 272 § 5, 1960) 8.04.070 - Health certificate—Revocation. The county health officer may revoke any health certificate, whether issued by himself or other authority, and require its surrender, whenever he determines that the holder thereof is infected with active communicable tuberculosis. (Ord. 272 § 6, 1960) 8.40.020 - Definitions. As used in this chapter, the following words and phrases shall have the following meanings: Page | 12 "Food worker's certificate" means a statement issued by the health officer certifying that a person is free from active communicable tuberculosis in a ma nner acceptable to the health officer, and has satisfactorily demonstrated his or her competency in food sanitation principles and practices. "Food worker's manual" means the manual prepared and distributed to food handlers by the health officer that descr ibes acceptable procedures and sanitary practices as it pertains to the retail food service industry. "Health officer" means the health officer of the county, or his or her designated representative. (Ord. 814 § 1 (part), 2006) 8.40.050 - Application for food worker's certificate. Any person who is engaged or intends to engage in an occupation or employment for which a food worker's certificate is required by Section 8.40.030 shall file with the health officer an application for such certificate or a renewal thereof in such form as the health officer may require, which application shall be accompanied by a nonrefundable fee of seventeen dollars, provided, however, students sixteen years of age or older engaged in school food operations are exempted from such fee. (Ord. 814 § 1 (part), 2006) 8.40.060 - Qualification for food worker's certificate. To qualify for the issuance or renewal of a food worker's certificate required by Section 8.40.030, the applicant shall have demonstrated his or her knowl edge or acceptable practices in the sanitary preparation, service, storage, distribution and sale of food and beverages and the proper sanitation of equipment and facilities. Such demonstration of knowledge shall be by satisfactorily passing an examination conducted by the health officer on such subjects, based on the practices and procedures set forth in the food worker's manual. A copy of the latest edition of the manual shall be made available by the health officer to those persons applying for a food worker's certificate or renewal thereof. (Ord. 814 § 1 (part), 2006) 8.40.080 - Duplicate food worker's certificate. A duplicate food worker's certificate, for good cause, may be issued by the health officer for a fee of three dollars. (Ord. 814 § 1 (part), 2006) 8.40.090 - Revocation of food worker's certificate. The food worker's certificate may be revoked by the health officer upon evidence indicating repeated or continuing violations of accepted practices and procedures in the preparation, service, storage, distribution, or sale of food or beverages, or upon evidence indicating falsification of information required for issuance of such certificate. (Ord. 814 § 1 (part), 2006) 8.40.100 - Appeal. Any person who has an application for a food worker's certific ate denied by the health officer, or who has had such a certificate revoked by the health officer, may appeal such denial or revocation by filing with the city clerk within ten days after the date of such denial or revocation, a written notice of appeal br iefly setting forth the reasons why such denial or revocation is not proper. The clerk shall give notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the city council which may affirm, amend or reverse the decision o r take such other action as it deems appropriate. In conducting the hearing, the city council shall not be limited by t he technical rules of evidence. (Ord. 814 § 1 (part), 2006) Page | 13 City of Calimesa Chapter 5.15 – Tobacco Retailers 5.15.030 Enforcement agency designated. The county of Riverside, the Riverside County department of health, and the Riverside County health officer or his or her designee are designated as the enforcement agency for the city and are authorized to provide the qualified personnel necessary to enforce the provisions of this chapter. Page | 14 Full Text of Municipal Code 5.15.030 Enforcement agency designated. The county of Riverside, the Riverside County department of health, and the Riverside County health officer or his or her designee are designated as the enforcement agency for the city and are authorized to provide the qualified personnel necessary to enforce the provisions of this chapter. [Ord. 266 § 2, 2007; Code 1990 § 5.10.030.] Page | 15 City of Canyon Lake Chapter 6.01 – Integrated Waste Management 6.01.020 Delegation of authority. The Riverside County Department of Health Services shall act as the Health Officer for the City and shall enforce all health-related standards. The City of Canyon Lake shall enforce all non-health related standards. 6.01.080 Mandatory subscription. If the conditions at residential, commercial or multi-residential units require it, the City or the Health Office can require increased frequency of collection. Accumulation of solid waste should not create a public nuisance that could be detrimental to public health. Chapter 11.25 – Special Events 11.25.070 Investigation of Application. After submitting a completed application and the fee, the City manager shall refer to concerned departments of the City, including but not limited to the Police Department, County Fire Department, Planning Department, Building and Safety Department, public works department and the County Health Officer, as applicable, who may investigate the application and report the appropriate recommendations. Page | 16 Full Text of Municipal Code 6.01.020 Delegation of authority. The Riverside County Department of Health Services shall act as the Health Officer for the City and shall enforce all health-related standards. The City of Canyon Lake shall enforce all non-health related standards (unless otherwise preempted by state law) including but not limited to the use of containers, ownership of recyclables or waste, and responsibility of the operator for containers furnished. (15-9/91 ' 6.06.02) 6.01.080 Mandatory subscription. A. Except as set out in Section 6.01.070(c) it shall be unlawful for any occupant or person in possession, charge or control of any residential premises within the City from which ordinary household garbage, solid waste, recyclables or yard waste are or may be created, accumulated or produced, to fail to subscribe for the collection service provided by the City. When the joint or multiple use of garbage containers is provided on the residential premises, it shall be unlawful for the person in possession, charge or control of such containers, to fail to subscribe to the City’s collection service. B. It shall be unlawful for any occupant and/or any contractor doing business on any premises or any person in possession, charge, or control of any nonresidential premises within the City from which solid waste, recyclables or yard waste are or may be created, accumulated or produced to fail to subscribe for collection of solid waste, recyclable material or yard waste with anyone other than the City's collection service, except as set out in Section 6.01.070(c). C. It is the duty of the approved collection agent to collect all solid waste, recyclable material or yard waste from premises within the City that subscribe to such service and to deposit such materials at the appropriate facility. D. Notwithstanding the foregoing, or Section 6.01.130 hereof, should conditions warrant at any residential, commercial, industrial or multi-residential unit, the City or the Health Officer may require increased frequency of collection. No accumulation of solid waste shall be allowed to create a public nuisance and such accumulation shall be a public nuisance where detrimental to public health and safety. E. The owner or occupant of any premises may contract for additional collection services in excess of those required or provided by contractor hereunder. (15-9/91 ' 6.06.08) 11.25.070 Investigation of Application. Upon receipt of a complete application and the application fee, the City manager or his/her designee shall refer same to concerned departments of the City, including but not limited to the Police Department, County Fire Department, Planning Department, Building and Safety Department, public works department and the County Health Officer, as applicable, who may investigate the application and report in writing to the City as soon as possible with appropriate recommendations relating to their official functions as to the granting of a permit and the establishment of special conditions therefor. (Ord. 66, passed 8-6-1997) Page | 17 City of Cathedral City Chapter 6.04 – Refuse Disposal 6.04.050 Frequency of collection. Trash should be collected from a commercial or industrial building not less than twice a week, however, upon written approval by the health officer, refuse created, produced or brought upon the premises of an industrial or commercial building may be removed not let than once a week. However, this will not apply to food handling establishments. 6.04.060 Container specifications. Every person in charge of a residence, commercial or industrial business shall deposit or cause to be deposited all refuse in standard containers or commercial bins as approved by the health officer and the collector. Chapter 9.96 – Special Provisions Applying to Miscellaneous Problem Uses 9.96.180 Swap meet, permanent. To be approved for a permanent swap meet, one of the requirements for approval is that the perishable produce or foods, and live animals shall not be offered for sale or trade without approval of the county health officer. Page | 18 Full Text of Municipal Code 6.04.050 Frequency of collection. Every person in charge of a residence or residences, whether single-family or multiple- family, shall make arrangements with the collector, to have removed, not less than once a week, from the property upon which the residence or residences are located, all refuse created or produced or brought upon the premises. Every person in charge of a commercial or industrial building shall not less than twice a week remove or cause to be removed from the property upon which the building is located all refuse created or produced or brought upon the premises; provided, however, that upon written approval by the health officer, refuse created, produced or brought upon the premises of an industrial or commercial building may be removed not less than once a week. This latter provision, however, will not apply to food handling establishments from which refuse shall be removed or caused to be removed not less than twice a week. (Ord. 51 § 1, 1983; Ord. 15 § 1, 1982) 6.04.060 Container specifications. Every person in charge of a residence, commercial or industrial business shall deposit or cause to be deposited all refuse in standard containers or commercial bins as approved by the health officer and the collector. A standard container shall be made of metal or plastic, watertight and covered with a tight -fitting lid; tapered sides, two handles or bales, and shall not exceed thirty-three gallons in size or fifty pounds gross weight when filled. If approved by the collector, heavy duty plastic bags with ties, specifically designed for refuse may be used in place of standard containers. No person shall maintain or place for collection any container not in conformance with the standard container designated in this section. Residences and dwelling units who furnish their own containers shall be responsible for their maintenance, cleanliness and replacement. No container shall be placed adjacent to a street or public right -of-way for collection service more than twelve hours prior to the normal collection time and shall be removed from the street or right-of-way location within twelve hours after collection. (Ord. 51 § 1, 1983; Ord. 15 § 1, 1982) 9.96.180 Swap meet, permanent. A. Approval. A permanent swap meet may be permitted in any zone subject to approval of a conditional use permit (CUP). A CUP shall only be approved based on the findings that the proposed site is appropriate for the operation of a swap meet; there will not be adverse affects to surrounding property, people, or city streets that cannot be effectively mitigated, and the activity will not hinder future development permitted in the zone district in which the site is proposed. B. Requirements for Approval. Swap meets approved by the city shall meet or be conditioned upon the following: 1. The State Board of Equalization Resale Number has been or will be obtained by all vendors who participate or will participate in the swap meet and that the resale numbers are assigned to the city; 2. Sufficient parking will be provided; 3. Limitation on the days and hours when the swap meet will be conducted; 4. Provisions for cleanup and good housekeeping will be maintained; 5. Prohibiting the sale or trade of flammable liquids, including but not limited to, gasoline, kerosene, acetone, thinners and solvents; ammunition and blasting agents; liquid petroleum gases or other combustible gases; any type of fireworks; acids, caustics, or oxidizing agents; 6. Perishable produce or foods, and live animals shall not be offered for sale or trade without approval of the county health officer; 7. Provision for traffic safety on both the site and adjacent streets are adequate; 8. The site shall not create a dust, noise, light glare or other environmental problems; 9. The event shall not degrade or cause undue problems for nearby uses or the immediate surrounding neighborhood; 10. Provisions are made to ensure collection of fees and taxes as required per city regulations. C. Revocation. The planning commission may revoke the CUP for good cause including the following: 1. The swap meet is no longer compatible with the land uses and development in the area; 2. Conduct of the use interferes with the normal flow of vehicular or pedestrian traffic on any public right-of-way; 3. False information was given in connection with the application for or obtaining of the permit; 4. There was a violation of or a failure to comply with any condition attached to the permit or of any other applicable rules or regulations; 5. Permittee has failed to bar any customer or participant who is in violation of the permit conditions, or is engaged in activities in violation of any federal, state or local law; 6. Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community. (Ord. 386 § 5, 1993; Ord. 80 Art. V(T)(18), 1984) Page | 19 City of Coachella Chapter 8.04 – Administration and Enforcement 8.04.010 - County enforcement of state regulations and statutes. The county health officer of the county of Riverside shall enforce and observe all of the following: A. Orders, quarantine regulations, and rules prescribed by the state department and other rules and regulations issued under the provisions of the California Health and Safety Code. B. Statutes relating to the public health. Chapter 8.40 – Food Handlers 8.40.020 - Definitions. "Health officer" means the health officer of the county, or his or her designated representative. 8.40.050 - Same—Application. If a food worker’s certificate is required, it must be filed with the health officer. 8.40.060 - Same—Qualification. An examination to prove knowledge set forth in the Food Worker’s manual will be conducted by the health officer. 8.40.080 - Same—Duplicate. If needed, a duplicate certificate will be produced by the health officer. 8.40.090 - Same—Revocation. The food worker's certificate may be revoked by the health officer. 8.40.100 - Same—Appeal. If a person has had their food worker’s certificate application denied or revoked by the health officer, they may appeal to the city clerk. Chapter 13.01 – Sewage and Sewage Disposal 13.01.424 - Applicability of other requirements. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by any other law, ordinance, rule or regulation or by the health officer of the county. Chapter 17.04 – Rules of Construction 17.04.140 - Health officer or health authority or board of health commissioners. The county health officer of the county of Riverside, or his or her duly authorized representative. Page | 20 Full Text of Municipal Code 8.04.010 - County enforcement of state regulations and statutes. The city council consents and requests that the county health officer of the county of Riverside, state of California, shall enforce and observe all of the following: A. Orders, quarantine regulations, and rules prescribed by the state department and other rules and regulations issued under the provisions of the Californi a Health and Safety Code. B. Statutes relating to the public health. Such services shall continue indefinitely until the city council shall terminate them by adoption of a resolution or ordinances, as provided in Division I, Part II, Chapter I, Article 2, of the Health and Safety Code. (Prior code § 10-1) 8.40.020 - Definitions. As used in this chapter, the following words and phrases shall have the following meanings: "Food worker's certificate" means a statement issued by the health officer certifying that a person is free from active communicable tuberculosis in a manner acceptable to the health officer, and has satisfactorily demonstrated his or her competency in food sanitation principles and practices. "Food worker's manual" means the manual prepared and distributed to food handlers by the health officer that describes acceptable procedures and sanitary practices as it pertains to the retail food service industry. "Health officer" means the health officer of the county, or his or her designated representat ive. (Prior code § 10-66) 8.40.050 - Same—Application. Any person who is engaged or intends to engage in an occupation or employment for which a food worker's certificate is required by Section 8.40.030 shall file with the health officer an application for such certificate or a renewal thereof in such form as the h ealth officer may require, which application shall be accompanied by a nonrefundable fee of five dollars ($5.00), provided, however, students sixteen (16) years of age or older engaged in school food operations are exempted from such. (Prior code § 10-69) 8.40.060 - Same—Qualification. To qualify for the issuance or renewal of a food worker's certificate required by Section 8.40.030, the applicant shall have demonstrated his or her knowledge or acceptable practices in the sanitary preparation, service, storage, distribution and sale of food and beverages and the proper sanitation of equipment and facilities. Such demonstration of kno wledge shall be by satisfactorily passing an examination conducted by the health officer on such subjects, based on the practices and procedures set forth in the food worker's manual. A copy of the latest edition of the manual shall be made available by th e health officer to those persons applying for a food worker's certificate or renewal thereof. (Prior code § 10-70) 8.40.080 - Same—Duplicate. A duplicate food worker's certificate, for good cause, may be issued by the health officer for a fee of one dollar ($1.00). (Prior code § 10-72) 8.40.090 - Same—Revocation. The food worker's certificate may be revoked by the health officer upon evidence indicating repeated or continuing violations of accepted practices and procedures in the preparation, service, storage, distribution, or sale of food or beverages, or upon evidence indicating falsification of information required for issuance of such certificate. (Prior code § 10-73) 8.40.100 - Same—Appeal. Any person who has an application for a food worker's cert ificate denied by the health officer, or who has had such a certificate revoked by the health officer, may appeal such denial or revocation by filing with the city clerk within ten (10) days after the date of such denial or revocation, a written notice of appeal briefly setting forth the reasons why such denial or revocation is not proper. The clerk shall give notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the city council which may affirm, amend or reverse the d ecision or take such other action as it deems appropriate. In conducting the hearing, the city council shall not be limited by t he technical rules of evidence. (Prior code § 10-74) 13.01.424 - Applicability of other requirements. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by any other law, ordinance, rule or regulation or by the health officer of the county. (Ord. No. 1057, § 1(Exh. A), 10-23-13) 17.04.140 - Health officer or health authority or board of health commissioners. The county health officer of the county of Riverside, or his or her duly authorized representative. (Prior code § 012.14) Page | 21 City of Corona Chapter 5.30 – Outdoor Festivals 5.30.080 License - Conditions. Location of water facilities on the premises must be approved by the health officer prior to issuance of a license. Public and private flush type water closets, lavatories and drinking facilities shall be required as determined by the County Health Officer. Sewage and drainage systems relating to such facilities shall be approved by the County Health Officer and the Director of Building and Safety. The flush type water closet and lavatories must be located more than 50 feet from the food concession or oper ation. All sewage, sink waste and wastewater from water closets, lavatories, sinks operated in connection with food concessions or food operations shall be disposed of to a public sewer or a sewage disposal system approved by the County Health Officer and the Director of Planning. The location of emergency treatment facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff the facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the County Health Officer. In addition, the County Health Officer shall calculate the need for medical services based on the number of persons expected to attend a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. The County Health Officer and Director of Building and Safety must approve the location and facilities if persons who attend the festival are allowed to remain on the premises overnight. Chapter 8.40 – Hazardous Materials Disclosure 8.40.020 Definitions. "Health Official" means the health officer of the county of Riverside or his deputy. Chapter 15.56 – Unsafe Buildings 15.56.020 Definitions. "Health Officer" means the official of the city or the county responsible for the enforcement of laws, ordinances, rules and regulations of the state, county and city relating to public health, sanitation, food handling and environmental health, including his or her authorized agents, assistants, deputies or representatives. Page | 22 Full Text of Municipal Code 5.30.080 License - Conditions. A. At the hearing required under § 5.30.050, the City Council may establish conditions which must be met prior to the issuance of any license under this chapter, except that the Council may take a matter under submission before determining which conditions must be imposed. Where the Council takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license must be mailed to the applicant within 30 days of the original hearing. B. The conditions which may be imposed by the City Council pursuant to the city’s general pol icy power for the protection of health, safety and property of local residents and persons attending festivals in the city are as follows. 1. Police protection. Every licensee shall employ, at his or her own expense, police protection. The number and type of officers shall be determined and specified by the Police Chief to provide for the preservation of order and protection of property in and around the place of the festival. Funds to employ this specified number of law enforcement officers at the current hourly salary rate for police officers shall be deposited with the city at least ten days prior to the specified date the activity is to occur. A minimum of one law enforcement officer for every 500 persons expected to be in attendance shall be required. Where the Police Chief specified the employment of off-duty peace officers to meet the requirements of this chapter, the peace officers shall be under the complete direction and control of the Police Chief. The Police Chief must be satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to and following the event, before a license is issued. 2. Water facilities. a. Every licensee shall provide from a water purveyor operating under a permit as required under California Health and Safety Code § 4011 an ample supply of potable water for drinking and sanitation purposes on the premises of the festival. Location of water facilities on the premises must be approved by the health officer prior to issuance of a license. b. The minimum supply of water to an outdoor festival shall be 15 gallons of water for each person in attendance per day. All water shall meet U.S. Public Health Service standards. Public and private flush type water closets, lavatories and drinking facilities shall be required as determined by the County Health Officer. Sewage and drainage systems relating to such facilities shall meet the requirements of the Health and Safety Code and be subject to the prior approval of the County Health Officer and the Director of Building and Safety. 3. Food concessions. a. Where the proposed festival is to be held a substantial distance from public eating places, food handling places or like establishments, the applicant shall be required to demonstrate that food will be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance. b. Concessionaires must be licensed and operate under a valid Health Department permit pursuant to local ordinances and state laws. Every licensee shall provide at least one flush type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation unless otherwise approved by the health officer. c. Under no circumstances shall the health officer allow such flush type water closet and lavatories to be located more than 50 feet from the food concession or operation. All lavatories required in conjunction with food concessions and food operations shall be provided with hot and cold water under pressure which shall be dispensed by an approved type mixing faucet. All sewage, sink waste and wastewater from water closets, lavatories, sinks operated in connection with food concessions or food o perations shall be disposed of to a public sewer or a sewage disposal system approved by the County Health Officer and Director of Planning. 4. Sanitation facilities required. a. Every licensee shall provide at least one enclosed flush type water closet facility marked "Men" and one such facility marked "Women" on the premises of a festival on the basis of one flush type water closet for each 40 males and one for each 40 females expected to be in attendance. b. Urinals may be substituted for the required flush type water closets for men on the ratio of one urinal and one flush type water closet per 60 males. c. Lavatories provided with cold water under pressure, soap and paper towels shall be provided on the basis of one lavatory for each 75 persons expected to be in attendance. d. The requirement for water flush type water closets for food concessions, food operations and for the use of employees may not be waived. Every licensee shall be required to furnish at least one trash can with 36 Page | 23 gallon capacity with a tight fitting lid for each 25 persons expected to be in attendance. An adequate supply of plastic bag liners to fit the trash receptacles shall be provided, and each container shall at all times have a plastic bag liner inserted and, when full, it shall be tied, removed and a new plastic bag liner inserted. The pick-up and removal of refuse, trash, garbage and rubbish shall be at least once a day and more often if required by the health officer. A signed contract with a licensed refuse collector shall be submitted to the County Health Officer and a copy of same filed with the health officer. Removal of all trash and refuse shall be at the licensee’s expense. 5. Medical facilities. a. Where a proposed festival is expected to attract a large number of persons for a site locate d a substantial distance from adequate existing treatment facilities, the applicant shall be required to provide emergency medical treatment facilities on the premises of the festival. b. Where the proposed festival is located close to adequate existing facil ities, the applicant shall provide, as required by the health officer, emergency treatment facilities on the premises of the festival. c. The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff the facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the County Health Officer prior to the issuance of any license under this chapter. d. The County Health Officer shall calculate the need for medical services based on the number of persons expected to attend a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. Traffic lanes and other ad equate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients or staff to appropriate on-site and off-site treatment facilities. 6. Parking areas. a. Every licensee shall provide adequate parking space for persons attending the festival by motor vehicle. b. Persons desiring to operate or conduct a festival may be called upon to provide a separate parking space or every two persons expected to attend the festival by motor vehicle. The individual parking spaces shall not be less than nine feet wide and 20 feet long. The Director of Planning must approve an applicant’s parking plan before a license shall be issued. 7. Access and parking control. a. Every licensee shall provide adequate ingress and egress to festival premises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to insure orderly flow of traffic into the premises from any street or highway. A special accessway for fire equipment, ambulances and oth er emergency vehicles may be required. The Director of Public Works must approve the licensee’s plan for ingress and egress before a license shall be issued. b. Additionally, any applicant may be required to show that traffic guards are under his or her employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area, which number shall be approved by the Chief of Police. 8. Hours of operation. All festivals which are subject to license under this chapter shall close a nd cease operation continuously between the hours of 2:00 a.m. and 6:00 a.m. of each and every day. 9. Illumination. Every licensee planning to conduct a festival after dark, or planning to allow persons who attend the festival to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied are lighted at all times. The Director of Building and Safety must approve an applicant’s lighting plan as a prerequisite to issuance of a license under this chapter. A licensee may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity: Illumination Watts/Sq. Ft. Open areas reserved for spectators 0.50 Stage areas 5.00 Parking and overnight areas 0.25 Restroom and concession areas 1.00 10. Overnight camping facilities. Every licensee authorized to allow persons who attend the festival to remain on the premises overnight shall provide camping facilities and overnight areas that meet the requirements of the California Administrative Code Title 25 for mobile home parks, special occupancy trailer parks and campgrounds, including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental Page | 24 camping areas and tent camps. Such areas and facilities shall be approved by the County Health Officer and Director of Building and Safety prior to the issuance of any license. 11. Bonds. a. Any licensee may be called upon to post an indemnity bond and/or a performance bond in favor of the city in connection with the operation of a festival. Bonds required by this chapter must be approved by the City Attorney prior to the issuance of a license. An applicant may be required to submit a surety bond written by a corporate bonding company authorized to do business in the state by the Department of Insurance in a penal amount determined by the City Council. The bond shall indemnify the city, its agents, officers, servants and employees and the City Council against any and all loss, including the cost for additional police officers in case of riot or insurrection or other injury and damage of any nature whatsoever arising out of, or in any way connected with the festival, and shall indemnify against loss, injury and damage to both person and property. b. Additionally, the city may demand that applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the state, indemnifying the city and the owners of property adjoining the festival site for any costs necessitated for cleaning up and/or removing debris, trash and other waste from, in and around the premises. The bond shall be in an amount determined by the City Council. 12. Fire protection. Every licensee shall provide at his or her own expense adequate fire protection as determined by the Fire Chief. If the event is located in a hazardous fire area as determined by the Fire Chief, a suitable number of fire guards shall be employed by the licensee who shall be approved by the Fire Chief. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the Fire Chief. First aid fire extinguishment equipment shall provided as directed by the Fire Chief. 13. Financial statements. Each licensee shall be required to provide a financial statement to give assurance of the ability of the promoters and/or applicants to meet the conditions of the permit. 14. Communication. The licensee shall be required to establish a communication system for public use where ordinary communications are not available. 15. Miscellaneous. Any applicant may be required to meet any other condition prior to receiving a license to conduct a festival which is reasonably calculated as necessary to protect the health, welfare and property of local residents and persons attending a festival. (`78 Code, § 5.28.080.) (Ord. 1680 § 2, 1983.) 8.40.020 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, the following words and phrases as used in this chapter are defined as follows; provided that references to statutes or regulations in existence at the time this chapter is adopted shall also include references to such statutes or regulations as they may be amended or changed in the future: A. "Administering agency" means the Fire Chief of the city and designated personnel of the city fire department. B. "Approved" means acceptable to the authority having jurisdiction which, in this chapter, shall mean the Fire Chief. C. "Business plan" means a separate plan developed for each facility, site or branch of any business within the city of Corona which handles a hazardous material or mixture containing a hazardous material which has a quantity at any one time during the reporting year equal to, or greater than: 1. A total weight of 500 pounds; or 2. A total volume of 55 gallons; or 3. One or more individual cylinders any one of which contains greater than 200 pounds of refrigerated bulk carbon dioxide gas used in the carbonation of beverages at a food serving business; or 4. A cumulative amount of 200 pounds of liquid Carbon Dioxide per Riverside County Ordinance 651.3; or 5. Any quantity of a substance that is a radioactive material that is handled in quantities for which an emergency plan is required to be adopted pursuant to Part 30 (commencing with Section 30.1), Part 40 (commencing with Section 40.1), or Part 70 (commencing with Section 70.1), of Chapter 10 of Title 10 of the Code of Federal Regulations (54 Federal Register 14051), or pursuant to any regulations adopted by the state in accordance with those regulations. D. "Carcinogen" means a substance which causes cancer. For purposes of this chapter, carcinogens include those substances so designated in the list developed by the United States Department of Health and Human Services in its Second Annual Report on Carcinogens and also include those chemicals known to the State to cause cancer pur suant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). E. "CAS Number" means the unique identification name assigned by the Chemical Abstracts Services to a specific chemical substance. Page | 25 F. "Chemical Name" means the scientific designation of a substance in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Services. G. "Common Name" means a designation of identification such as a code name, code number, trade name or brand name used to identify a substance other than by its chemical name. H. "Contained" or "Containment" means confining a hazardous material in such a manner as to minimize any potential harm or damage to persons, property or the environment from any release or threatened release. I. "Disclosure Form" means the form developed by the Fire Chief to be used by businesses to provide inventories of hazardous materials and information required pursuant to § 8.40.070 herein. Such form shall be in the form of CA OES form 2731, as amended by the Fire Chief. J. "Fire Code (UFC) Hazard Class" means the classification of hazards as defined in the applicable California Fire Code. K. "Handle" means to use, generate, process, produce, package, treat, store, emit, discharge or dispose of a hazardous material in any fashion. L. "Handler" means any person who handles a hazardous material. M. "Hazardous Material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful t o the environment if released into the workplace or the environment. N. "Hazardous Substance" means any substance or chemical product for which one of the following applies: 1. Which is listed pursuant to Title 49 of the Code of Federal Regulations; or 2. For which the manufacturer or producer is required to prepare an MSDS for the substance or product pursuant to the Hazardous Substances Information and Training Act (commencing with Section 6360 of Part 1, Division 5 of the California Labor Code) or pursuant to any applicable federal law or regulation; or 3. Listed in Section 6382(b) of the Labor Code; or 4. Which is listed as a radioactive material set forth in Title 10, Chapter 1, Appendix B, of the Code of Federal Regulations. O. "Hazardous Waste" or "Extremely Hazardous Waste" means any material that is identified in Section 25115, 25117 or 25316 of the California Health and Safety Code. P. "Health Official" means the health officer of the county of Riverside or his deputy. Q. "In Transit" means temporarily maintained in a fixed facility for a period of less than 30 days during the course of transportation. R. “MSDS" means a Material Safety Data Sheet prepared pursuant to Section 6390 of the California Labor Code or pursuant to the regulations of the Occupational Safety and Health Administration of the United States Department of Labor. S. “Person" means an individual, trust, firm, joint stock company, corporation, partnership or association. T. "Physician" means any person who holds a valid certificate from the State of California to practice the healing arts. U. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency. V. "SIC Code" means the identification number assigned by the Standard Industrial Classification Code to specific types of businesses. W. "Storage," "Store" or "Storing" means the containment of substances or materials in such a manner as not to constitute disposal or use of such substances or materials, and does not include the storage of hazardous materials which are in transit. X. "Threatened Release" means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damage to persons, property, or the environment. Y. "Trade Secret" means trade secrets as defined in Section 6254.7(d) of the California Government Code and Section 1060 of the California Evidence Code. Z. "United Nations (UN)”number means the four digit identification number developed by the United Nations Committee of Experts on the Transport of Dangerous Goods. UN numbers may be assigned to a single substance or to a group of substances with similar characteristics or hazardous properties." "Use" includes the handling or processing of a hazardous substance. AA. "User" means any person who uses a hazardous substance or handles a hazardous waste. Page | 26 BB. "Emergency Rescue Personnel" means any public employee, including, but not limited to, any fireman, firefighter, or emergency rescue personnel, as defined in Section 245.1 of the California Penal Code, who responds to any condition caused in whole or in part by a hazardous material that jeopardizes, or could jeopardize, public health or safety or the environment. CC. "Certified Unified Program Agency" or CUPA means the County of Riverside Department of Environmental Health and their designated personnel. DD. Participating Agency" or PA means the agency that has a written agreement with the CUPA pursuant to subdivision (d) of Health and Safety Code section 25404.3, and is approved by the Secretary for Environmental Protection, to implement or enforce one or more of the unified program elements specified in parag raphs (4) and (5) of subdivision (c) of Health and Safety Code section 25404, in accordance with the provisions of Health and Safety Code sections 25404.1 and 25404.2. (`78 Code, § 8.40.020.) (Ord. 2688 § 1, 2003; Ord. 1815 § 1 (part), 1986.) 15.56.020 Definitions. A. "Chief" means the Chief of the Fire Department of the city, or his or her authorized agents, assistants, deputies or representatives. B. "Dangerous building" means any building or structure which has any or all of the conditions or defects described as follows: 1. Whenever any door, aisle, passageway, stairway or other means of exits is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic for all persons housed or assembled therein who would be required to or might use such door, aisle, passageway, stairway or other means of exit; 2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Building Code of city; 3. Whenever any portion thereof has been damaged by earthquake, wind, flood or by any other cause in such manner that the structural strength or stability thereof is appreciably less than it was before such cat astrophe and is less than the minimum requirements of the Building Code of the city for a building of similar structure, purpose or location; 4. Whenever any portion or member or appurtenance thereof is likely to fail, to become detached or dislodged or to collapse and thereby injure persons or damage property; 5. Whenever any portion of the building, or any member appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one-half that specified in the Building Code of the city without exceeding the working stress permitted in the Building Code of the city; 6. Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction; 7. Whenever the building or structure or any portion thereof, because of dilapidation, deterioration, decay, faulty construction or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way; 8. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used; 9. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle third of the base; 10. Whenever the building or structure, exclusive of the foundation, shows 33% or more of damage or deterioration to the member or members or 50% of damage or deterioration of a nonsupporting enclosing or outside wall or covering; 11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts; 12. Any building or structure which has been constructed, or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of the city as set forth in the Building Code of the city or of any provisions of the fire regulations of the city, when so determined and reported by the Chief or of any law or ordinance of this state or city relating to the condition, location or structure of buildings; Page | 27 13. Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50% or in any supporting member less than 66% of the strength, fire-resistive qualities or characteristics or weather-resisting qualities or characteristics required by law or ordinance in the case of a newly constructed building of like area, height and occupancy in the same location; 14. Whenever a building or structure used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement or otherwise is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease, when so determined by city’s Health Officer or is likely to work injury to the health, safety or general welfare of those living within; 15. Whenever a building or structure, used or intended to be used for dwelling purposes, has light, air and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within; 16. Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus or other cause is in such condition as to be a f ire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause; 17. Any building or structure having broken windows constituting a hazardous condition. C. "Director" means the Building Director of city or his or her authorized agents, assistants, deputies or representatives. D. "Director of Public Works" means the official of the city responsible for the administration of the Public Works Department of the city. The term"Director of Public Works" means the Director of Public Works, or his or her authorized agents, assistants, deputies or representatives. E. "Health Officer” means the official of the city or the county responsible for the enforcement of laws, ordinances, rules and regulations of the state, county and city relating to public health, sanitation, food handling and environmental health, including his or her authorized agents, assistants, deputies or representatives. F. "Occupy" means to use for human habitation for living, sleeping, cooking or eating purposes, or any combination thereof or for the conduct of any business, profession, occupation or calling, including the storage of merchandise or materials of any kind or the keeping of fowls and animals. G. "Public nuisance" means all dangerous buildings and all buildings or structures which are structurally unsafe, are partially destroyed by fire, not provided with adequate egress or which constitute a fire hazard, as specified by the fire regulations of the city or any other provisions of law or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, old age, neglect, decay, dilapidation, obsolescence or abandonment as specified in the Building Code of the city or any other provisions of law. The public nuisance shall be repaired, vacated or demolished as provided in this chapter. (`78 Code, § 15.56.020.) (Ord. 1824 § 2, 1987.) Page | 28 City of Desert Hot Springs Chapter 5.16 – Food Handlers 5.16.020 Definitions. “Health Officer” means the Health Officer of the County or his or her designated representative. 5.16.060 Application for food worker’s certificate. If a health certificate is required, it must be filed with the health officer of the county of Riverside. In addition to the application, there must be a signed statement of a physician showing that the applicant is free of active communicable tuberculosis. The statement must indication that the applicant has received either a normal chest X- ray or an intradermal Mantoux test in the past six months. 5.16.080 Issuance of food worker’s certificate. Food certificate must include the following information: Certificate number, Name, Home Address, Expiration date, and Attesting signature. The certificate shall expire one year after it was issued. If the applicant’s health requires further investigation, they shall be offered a temporary health certificate that will be valid for three months. 5.16.090 Issuance of duplicate certificate. If needed, a duplicate certificate will be produced by the health officer. 5.16.100 Revocation of food worker’s certificate. The food worker's certificate may be revoked by the health officer. 5.16.110 Appeal upon denial. If a person has had their food worker’s certificate application denied or revoked by the health officer, they may appeal to the clerk of the board of supervisors. Chapter 5.24 – Tobacco Retailers 5.24.020 Definitions. “Department” means County Health Officer or his or her designee. 5.24.030 Tobacco license prerequisite—Application process. The application form will be supplied by the Department and contain a specific amount of information. 5.24.040 License issuance—Standards. After an application is submitted with the fee, the Department shall issue a license unless substantial record evidence demonstrates a base for denial exists. 5.24.080 License violation. The Department shall monitor compliance with this chapter. The Department must check the compliance of each tobacco retailer at least three times per 12-month period. The Department may check the compliance of tobacco retailers previously found to be in compliance a fewer number of times so that the Department may check the compliance of tobacco retailers previously found in violation a greater number of times. At a minimum, these checks should determine that the tobacco retailer is conducting business that complies with tobacco laws regulating youth access to tobacco. Chapter 8.04 – Garbage and Rubbish 8.04.190 Commercial and industrial containers—Identification and maintenance. Every commercial or industrial waste collector who owns, rents or controls any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish shall keep in good repair and maintain in a clean and sanitary condition such container, bin or other equipment to the satisfaction of the County Health Officer. Chapter 17.156 – Special Uses 17.156.050 Processing of application. After submitting a completed application and the fee, the Planning Department will give copies of the application to the Health Officer of the County to investigate the application and report the appropriate recommendations. 17.156.080 Conditions of issuance. Location of water facilities on the premises must be approved by the health officer prior to issuance of a license. Sewage and drainage systems relating to such facilities shall be approved by the County Health Officer and the Building Official. All sewage, sink waste and wastewater from water closets, lavatories, sinks operated in connection with food concessions or food operations shall be disposed of to a public sewer or a sewage disposal system approved by the County Health Officer and the Building Official. The location and number of sanitation facilities must be approved by the Health Officer. The location of emergency treatment facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff the facilities and the quantity of Page | 29 medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the County Health Officer. In addition, the County Health Officer shall calculate the need for medical services based on the number of persons expected to attend a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. Page | 30 Full Text of Municipal Code 5.16.020 Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “Food worker’s certificate” means a statement issued by the Health Officer certifying that a person is free from active communicable tuberculosis in a manner acceptable to the Health Officer, and has satisfactorily demonstrated his or her competency in food sanitation principles and practices. “Food worker’s manual” means the manual prepared and distributed to food handlers by the Health Officer that describes acceptable procedures and sanitary practices as it pertains to the retail food service industry. “Health Officer” means the Health Officer of the County or his or her designated representative. (Prior code § 114.02) 5.16.060 Application for food worker’s certificate. A. Any person who is engaged or intended to engage in an occupation or employment for which a food worker’s certificate is required by Section 5.16.040 of this chapter shall file with the Health Officer an application for such certificate or a renewal thereof in such form as t he Health Officer may require, which application shall be accompanied by a nonrefundable fee of $5.00; provided, however, students 16 years of age or older engaged in school food operations are exempt from such fee. B. Such application must be accompanied by a signed statement of a physician duly authorized to practice medicine in the state, or a report from an organization acceptable to the Health Officer, showing that the applicant is free of active communicable tuberculosis. Such statement or report shall s how that within six months of the date of application the applicant has received either a normal chest x-ray which shows the applicant to be free of active communicable tuberculosis, or an intradermal Mantoux test, the result of which was negative. The statement or report must show that in the Mantoux test no less than five tuberculin units, which is the equivalent of .0001 milligrams intermediate PPD, or one to two thousand solution of old tuberculin freshly prepared, have been used. In duration of six or more millimeters will be construed as a positive skin test. All positive skin test reactors to the Mantoux test will be required to obtain a chest x-ray. Such statement or report shall bear a date not more than six months before the date of application. C. A valid certificate of health, indicating that the applicant is free from active communicable tuberculosis, issued by any regularly constituted public health agency and bearing a date of issuance, may be accepted by the Health Officer, in lieu of the statement or report as required in subsection B of this section, during its period of validity, not to exceed one year from the date of its issuance. (Prior code § 114.12) 5.16.80 suance of food worker’s certificate. A. When qualified pursuant to Section 5.16.070 of this chapter, the applicant shall be issued a food worker’s certificate containing the following information: 1. Certificate number; 2. Name; 3. Home address; 4. Expiration date; and 5. Attesting signature. B. Such certificate shall expire one year after the date it was issued. Any person whose health, in the opinion of the Health Officer, requires further investigation may be issued a temporary food handler’s certificate at the discretion of the Health Officer for a period not to exceed three months, during which time such investi gation shall be carried out to determine whether or not active communicable tuberculosis is present. (Prior code § 114.14) 5.16.090 Issuance of duplicate certificate. A duplicate food worker’s certificate, for good cause, may be issued by the Health Officer for a fee of $1. (Prior code § 114.15) 5.16.100 Revocation of food worker’s certificate. The food worker’s certificate may be revoked by the Health Officer upon evidence indicating repeated or continuing violations of accepted practices and procedures in the preparation, service, storage, distribution or sale of food or beverages, or upon evidence indicating falsification of information required for issuance of such certificate, or an infectious condition creating a hazard to the public or co - workers. (Prior code § 114.16) 5.16.110 Appeal upon denial. Any person who has an application for a food worker’s certificate denied by the Health Officer or who has had such a certificate revoked by the Health Officer, may appeal such denial or revocation by filing with the clerk of the Board of Supervisors within ten days after the date of such denial or revocation. The clerk shall give notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the Board of Supervisors which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the Board of Supervisors shall not be limited by the technical rules of evidence. (Prior code § 114.17) Page | 31 5.24.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following meanings: “Arm’s length transaction” means a sale in good faith for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter is presumed not to be an arm’s length transaction. “Department” means County Health Officer or his or her designee. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business. “Self-service display” means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A vending machine is a form of self - service display. “Smoking” means possessing a lighted tobacco product, tobacco parap hernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, or cigarette of any kind). “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing or consumption of tobacco products. “Tobacco product” means (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the federal Food and Drug Administration for use in treating nicotine or tobacco product dependence. “Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco, products, or tobacco paraphernalia; “tobacco retailing” means the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. (Prior code § 119.02) 5.24.030 Tobacco license prerequisite—Application process. A. It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer’s license shall constitute a public nuisance. B. A tobacco retailer or proprietor without a valid tobacco retailer’s license, including for example, a revoked license: 1. Shall keep all tobacco products and tobacco paraphernalia from public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute an “offer for sale” for the purpose of subsection F of this section. 2. Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retail er’s location or that would lead a reasonable consumer to believe that such products can be obtained at the tobacco retailer’s location. C. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the right to act as a tobacco retailer at the location in the City identified on the face of the license. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition of limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code Section 6404. D. Application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. It is the responsibility of each proprietor to be informed of the laws affecting the issuance of a tobacco retailer’s license. A license that is issued in error or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.24.090(D) of this chapter. E. In addition to any other penalty under this chapter a person found to have engaged in tobacco retailing without a valid tobacco retailer’s license shall be ineligible to apply for or be issued a tobacco retailer’s license according to the following: 1. After a first violation for a person within any 60-month period, no new license may be issued for the person as a proprietor until 30 days have passed from the date of last violation. Page | 32 2. After a second violation for a person within any 60-month period, no new license may be issued for the person as a proprietor until 90 days have passed from the date of last violation. 3. After three or more violations for a person within any 60-month period, no new license may be issued for the person as a proprietor until five years have passed from the date of last violation. 4. Each day that a person engages in tobacco retailing without a valid tobacco retailer’s license shall constitute a separate violation. F. Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this chapter are subject to seizure and forfeiture. Forfeited tobacco products and tobacco paraphernalia shall be destroyed. G. All applications shall be submitted on a form supplied by the Department and shall contain the following information: 1. The name, address and telephone number of each proprietor. 2. The business name, address and telephone number of the single fixed location for which a tobacco retailer’s license is sought. 3. The name and mailing address authorized by each proprietor to receive all license-related communications and notices (the “authorized address”). If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (G)(2) of this subsection. 4. Proof that the location for which a tobacco retailer’s license is sought has been issued a valid state tobacco retailer’s license by the California Board of Equalization. 5. Whether or not any proprietor is a person who has been determined to have violated this chapter or has been a proprietor at a location that has been determined to have violated this chapter and, if so, the dates and locations of such violations. 6. Such other information as the Department deems necessary for the administration or enforcement of this chapter. (Prior code § 119.03) 5.24.040 License issuance—Standards. A. No license may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited. B. Upon the receipt of an application for a tobacco retailer’s license and the license fee, the Department shall issue a license unless substantial record evidence demonstrates that one of the following bases for denial exists: 1. The application is incomplete or inaccurate. 2. The application seeks authorization for tobacco retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 5.24.090(B). However, this subsection shall not constitute a basis for denial of a license if the applicant provides the County with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm’s length transaction. 3. The application seeks authorization for tobacco retailing for a proprietor for which a prohibition on issuing licenses is in effect pursuant to Section 5.24.030(E). 4. The application seeks authorization for tobacco retailing that is prohibited pursuant to subsection A of this section, that is unlawful pursuant to any other City ordinance, or that is unlawful pursuant to any other local, state, or federal law. (Prior code § 119.04) 5.24.080 License violation. A. Violation of Tobacco-Related Laws. It shall be a violation of a tobacco retailer’s license for a licensee, including his or her agent or employee, to violate any of the following laws: 1. Any local, state or federal tobacco-related laws; 2. Local, state or federal sign laws; 3. Local, state or federal laws restricting the age of purchase for any product. B. License Compliance Monitoring. 1. Compliance with this chapter shall be monitored by the Department. Any peace officer may enforce the penal provisions of this chapter. 2. The Department shall check the compliance of each tobacco retailer at least three times per 12 -month period. The Department may check the compliance of tobacco retailers previ ously found to be in compliance a fewer number of times so that the Department may check the compliance of tobacco retailers previously found in violation a greater number of times. 3. Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other tobacco-related laws. 4. The County shall not enforce any tobacco-related minimum-age law against a person who otherwise might be in violation of such law because of the person’s age (hereinafter “youth decoy”) if the potential violation occurs when: Page | 33 a. The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official; or b. The youth decoy is participating in a compliance check funded in part, either directly or indirectly through sub-contracting, by the County Department of Health and Human Services or funded in part, either directly or indirectly through subcontracting, by the California Department of Health Services. C. No Contest Plea. A plea of “no contest” or its equivalent by a tobacco retailer for a violation of any law designated in subsection A of this section shall operate as an admission that this chapter has been violated for the purposes of license revocation. (Prior code § 119.08) 8.04.190 Commercial and industrial containers—Identification and maintenance. Every commercial or industrial waste collector who owns, rents or controls any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish shall: A. Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, such waste collector’s name or firm name and telephone number; and B. At all times keep in good repair and maintain in a clean and sanitary condition such container, bin or other equipment to the satisfaction of the County Health Officer. (Ord. 546, 5-6-14; prior code § 50.42) 17.156.050 Processing of application. Upon receipt of a completed application, the Planning Department, when applicable, shall give copies of the application to the Police Chief, the Health Officer of the County, the Fire Department and the City Manager, who shall investigate the application and report, in writing, to the Planning Department, with appropriate recommendations related to their respective official functions as to granting a license and conditions thereto. (Prior code § 113.24) 17.156.080 Conditions of issuance. A. The Planning Department may establish conditions which must be met prior to the issuance of any license under this chapter. B. The conditions which may be imposed by the Planning Department, pursuant to the City’s general police power for the protection of health, safety and property of local residents and persons attending special use activities in the City, may include, but shall not be limited to, the following: 1. Police Protection. Every licensee may be required to employ, at his/her own expense, police protection. The number and type of officers shall be sufficient to provide for the preservation of order and protection of property in and around the place of the special use activity. When the employment of off-duty peace officers is specified to meet the requirements of this chapter, such peace officers shall be under the complete direction and control of the sheriff of the County. The Planning Department must be satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to or following the event, before a license is issued. 2. Water Facilities. Every licensee may be required to provide an ample supply of potable water for drinking and sanitation purposes on the premises of the special use. The locations and number of water facilities on the premises must be approved by the Health Officer prior to issuance of a license. All water shall meet United States Public Health Service standards. Sewage and drainage systems relating to such facilities shall meet the requirements of the California Health and Safety Code and be subject to the prior approval of the Health Officer and Building Official. 3. Food Concessions. a. Where the proposed use is to be held a substantial distance from public eating places, food-handling places or similar establishments, the applicant may be required to demonstrate that sufficient food will be available at the premises, for each day of operation, to adequately feed the number of persons expected to be in attendance. b. Concessionaires must be licensed and operate under a valid Health Department permit, pursuant to local laws and ordinances and state laws. All sewage, sink waste and waste water from water closets, lavatories or sinks operated in connection with food concessions or food operations shall be disposed of to a public sewer or a sewage disposal system approved by the Health Officer and the Building Official. 4. Sanitation Facilities. a. Every licensee may be required to provide sufficient sanitation facilities to adequately meet the needs of the number of people expected to be in attendance. The locations and number of such facilities shall be approved by the Health Officer prior to the issuance of any license under this chapter. b. Where flush water closets cannot be made available for the persons in attendance at the use, the Planning Department may allow the use of portable chemical toilets. Such chemical toilets must meet the approval of the Health Officer before any license may be issued. Chemical toilets shall be emptied and recharged, at the licensee’s expense, as necessary, pursuant to procedures established by the Health Officer. Page | 34 c. Every licensee may be required to furnish a sufficient number of trash cans to adequately meet t he needs of the persons expected to be in attendance. An adequate supply of plastic bag liners, to fit the trash receptacles, shall be provided, and each container shall at all times have a plastic bag liner inserted and, when full, such bag liner shall be tied and removed and a new plastic bag liner inserted. The locations and number of such receptacles shall be approved by the Planning Department prior to the issuance of any license under this chapter. The pickup and removal of refuse, trash, garbage and rubbish shall be at least once a day, and more frequently if required. Removal of all trash and refuse shall be at the licensee’s expense. 5. Medical Facilities. a. The applicant may be required to provide emergency medical treatment facilities on the premises of the use. b. The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff such facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the Health Officer prior to the issuance of any license under this chapter. c. The Health Officer shall calculate the need for medical services, based on the number of persons expected to attend the use, their expected age groups, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. Traffic lanes and other adequate space shall be designated and kept open for access and travel of ambulances, helicopters and other emergency vehicles, to transport patients or staff to appropriate on and off-site treatment facilities. 6. Parking Areas. Every licensee may be required to provide adequate individual parking spaces for persons attending the use by motor vehicle. Such individual parking spaces shall be clearly marked and shall not be less than 9 feet wide and 20 feet long. The Planning Department must approve an applicant’s parking plan before a license shall be issued. 7. Access and Parking Control. Every licensee may be required to provide adequate ingress a nd egress to the use premises and parking areas therefor. Roads, driveways and entranceways may be required to ensure an orderly flow of traffic onto the premises from a highway or road which is a part of the City and County system of highways or which is a highway maintained by the state. A special accessway for fire equipment, ambulances and other emergency vehicles may be required. The Planning Department must approve the licensee’s plan for ingress and egress before a license shall be issued. Additionally, any applicant may be required to show that traffic guards are under his/her employ to ensure orderly traffic movement and relieve traffic congestion in and around the vicinity of the use area. 8. Hours of Operation. All uses which are subject to license under this chapter shall close and cease operation continuously between the hours of 2:00 a.m. and 6:00 a.m. of each day. 9. Illumination. Every licensee planning to conduct a use after dark or planning to allow persons who attend the use to remain on the premises after dark may be required to provide electrical illumination to ensure that those areas which are occupied are lighted at all times. The Planning Department must approve an applicant’s lighting plan as a prerequisite to the issuance of a license hereunder. 10. Overnight Camping Facilities. Every licensee authorized to allow persons who attend the use to remain on the premises overnight may be required to provide camping facilities and overnight areas that meet the requirements of California Administration Code Title 25, for mobile home parks, special occupancy trailer parks and camp grounds, including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps. Such areas and facilities shall be approved by the Health Officer and Building Official prior to the issuance of any license. 11. Bonds. a. Any licensee may be called upon to post an indemnity bond or a performance bond in favor of the City in connection with the operation of a special use. Bonds required by this chapter must be approved by the City Attorney prior to the issuance of a license. An applicant may be required to submit a surety bond, written by a corporate bonding company, authorized to do business in the state by the Department of Insurance , in a penal amount determined by the City Council. Such bond shall indemnify the City, its agents, officers, servants and employees and the City Council against any and all loss, injury and damage of any nature arising out of or in any way connected with such use, and shall indemnify against loss, injury and damage to both persons and property. b. Additionally, the City may demand that the applicant provide a corporate surety bond, written by a corporate bonding company, authorized to do business in the state, indemnifying the City and the owners of property adjoining the use site for any costs necessitated for cleaning up or removing debris, trash or other waste from, in and around the premises. Such bond shall be in an amount determined by the City Council. 12. Fire Protection. Every licensee may be required to provide, at his/her own expense, adequate fire protection, as determined by the fire protection agency or agencies having jurisdiction where the event is to be conducted. If the Page | 35 event is located in a hazardous fire area, as defined by the City’s fire code, a suitable number of fire guards shall be employed by the licensee, which guards shall be approved by the responsible fire protection agency or agencies. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the responsible fire protection agency or agencies. First aid fire extinguishment equipment shall be provided as directed by the above fire protection agency or agencies. 13. Financial Statement. Each licensee maybe required to provide a financial statement to give assurance of the ability of the promoters or applicants to meet the conditions of the permit. 14. Communications. The licensee may be required to establish a communications system for public use, where ordinary communications are not available. 15. Additional Requirements. Any applicant may be required to meet any other condition prior to receiving a license to conduct a special use which is reasonably calculated, as necessary, to protect the health, welfare and property of local residents and persons attending the activity. (Prior code § 113.27) Page | 36 City of Eastvale Chapter 16.05 – Solid Waste Collection and Disposal Sec. 16.05.030. - Solid waste removal. Solid waste containing putrescible ma terial created, produced or accumulated at motels, hotels, restaurants, boardinghouses or other like business establishments shall be removed from the premises least once per week. If conditions warrant, the county health officer or city manager may require a greater frequency of removal. Sec. 16.05.200. - Violation—Public nuisance. Any violation of this chapter is deemed to be a public nuisance and may be abated by the health officer or his/her designee. Chapter 16.20 – Commercial Poultry Ranches Sec. 16.20.010. - Definitions. Health officer means the director of the health department of the county or designated representative. Sec. 16.20.040. - Payment of fees/receipts. The fees as required by this chapter other than reinspection fees shall be on a cal endar year basis and shall be payable to the health officer on or before the last day of the year which precedes the year for which the fees are required. After paying, the health officer shall issue a receipt to the person making the payment. Sec. 16.20.050. - Reinspection/fee. If the health officer determines that there are excessive vectors or any other adverse public health/well -being related conditions, a reinspection shall be conducted. Chapter 16.36 – Fly Control Sec. 16.36.010. - Definitions. Health officer means the health officer of the county or designated representative. Sec. 16.36.020. - Accumulation of matter to cause breeding of flies not permitted. If the health officer finds someone in violation of accumulation on premises owned by him un der his control of decaying animal, vegetable or mineral matter, excreta from domestic animals or fowls, or human excreta, in such a manner as to cause the breeding of flies, and does not abate the condition, then they shall be in violation of this section and shall be deemed guilty of an infraction or misdemeanor. The health officer has the right to enter upon lands and buildings other than dwellings for the purpose of enforcing this section, and in making such entry shall take reasonable precaution to min imize the spread of disease from any premises. Sec. 16.36.030. - Inspection by health officer. It shall be the duty of the health officer, upon routine inspection, or whenever he is informed or has reasonable cause to believe that any land, building or co llection of plant or animal waste or any substance or existing condition on any lot, farm or other land or on any other premises is a fly breeding hazard to enter upon such premises and to determine whether or not there is an existing fly breeding hazard, and in making such entry shall take reasonable precaution to minimize the spread of disease from any premises. Sec. 16.36.040. - Abatement proceedings—Notices. (a) If, within the city, there is a fly breeding hazard, the health officer shall serve the record o wner or the person having control or possession of such premises a written notice to abate such nuisance and take corrective measures to prevent its continuance. (b) If the hazard has not been abated within the time specified in the notice, the health officer may extend the date for the completion of the abatement, or he can serve a written notice to appear at a hearing before the fly abatement committee. If the hazard still exists at the time of the hearing, the health officer will abate the nuisance. Sec. 16.36.050. - Same—Hearing. At the time of the hearing by the fly abatement committee, the committee shall hear and consider all relevant evidence offered by the owner, by the heath officer, and by any other interested person. Sec. 16.36.060. - Fly control standards. The health officer shall keep a record of the fly control standards. Sec. 16.36.070. - Hearing for repeated violators. If in a 12 month period, the health officer has served a person three different notices, then with the third notice, the health officer can also serve a notice to appear at a hearing befor e the fly abatement committee. Sec. 16.36.080. - Costs shall become special assessment. If the costs of the abatement and prevention of the fly breeding hazard’s recurrence are not paid within one month after demand for payment is given to the owner, the health officer shall report the amount and circumstances to the city council. Page | 37 Chapter 16.84 – Liquid Wastes and Animal Byproducts Sec. 16.84.010. - Definitions. Department means the county department of health. Health officer means the health officer of the county or his designated representative. Sec. 16.84.020. - Prohibitions. (a) A person must have prior written approval from the health officer to provide or use an intermediary storage tank in conjunction with a liquid waste handling business regulated by this chapter. (b) A person who operates a liquid waste vehicle, furnishes or pro vides a portable toilet or toilets, handles the wastes from animal byproducts, cleans septic tanks, etc., or maintains or operates maintenance facilities must have a permit issued by the health officer. (c) The site that wastes or other material collected und er the authority of this chapter shall be approved by the health officer. Sec. 16.84.030. - Specifications. The health officer can issue permits authorizing the holder of a permit to perform the following services in accordance with the requirements of this chapter. Sec. 16.84.040. - Hazardous waste. If waste that is believed to be hazardous or extremely hazardous waste is collected, the permittee shall immediately notify, by telephone and in writing, the health officer, the local fire agency or affected city. Sec. 16.84.050. - Permit applications. All applications for a liquid waste vehicle permit or a maintenance facility permit shall be filed with the health officer. Sec. 16.84.060. - Permit fees. Before a public health permit can be issued, the healt h officer must collect the appropriate fees. After the fees are collected, the health officer shall provide a decal for each permitted vehicle. Sec. 16.84.070. - Term and renewal. Nonrenewal. The health officer has the discretion to make the decision of nonrenewal. This decision must be indicated by written notice to the permittee 45 days prior to the expiration of the current permit. The permittee is allowed to request a hearing before the he alth officer. Permit suspension or revocation. If the permittee is not in compliance with the requirements, the heath officer can send a written notice to comply to the permittee. If the permittee fails to comply, the health officer shall issue the permittee a notice specifying the acts or omission with which the permittee is charged, and inform him of a right to a hearing to show cause why the permit should not be suspended or revoked. Appeals/hearing. The health officer may order a hearing at any reason able time within this 15-day period to expedite the permit suspension, revocation or nonrenewal process. Sec. 16.84.080. - Transferability of permit. The health officer must, in writing, approve an assignment or transfer of the permit issued under this chapter. Sec. 16.84.100. - Right of further regulation reserved. (a) If the health officer requires special handling procedures on the water stream, the cit y has the right to use the basic standards to avoid the creation of a health hazard or nuisance. (b) If the health officer determines the need, then the city reserves the right to require a permit bond, pollution bond, or other insurance bonds. Sec. 16.84.120. - Enforcement authority. It shall be the duty of the health officer or his agents to enforce the provisions of this chapter. Sec. 16.84.130. - Right of entry. The applicant shall agree to allow the health officer, at reasonable times and upon presentat ion of credentials to: (1) Enter the permittees maintenance facility, business, or other locations where their vehicles may be stored or engaged in activities authorized by the permit (2) Have access to and copy records (3) Inspect any collection, transportation or storage vessels or vehicles associated with the performance of the activities authorized by the permit (4) Obtain any photographic documentation or evidence Sec. 16.84.140. - Violation—Public nuisance. Any violation of this chapter is deemed a public nuisance and may be abated by the health officer. Page | 38 Chapter 16.129 – Prohibition of Land Application of Class B Sewage Sludge Sec. 16.129.060. - Violation constitutes a public nuisance. Any violation of this chapter is deemed to be a public nuisance and may be abated or enjoined by the health officer or designee . Chapter 16.130 – Class A Sewage Sludge Sec. 16.130.120. - Department monitoring plan. Inspections and sampling frequencies, material to be sampled for, sampling standards and other details shall be established through a monitoring plan approved by the health officer. Chapter 18.04 – Animals Sec. 18.04.010. - Definitions. Health officer means the health officer of the county or his duly authorized re presentative. Sec. 18.04.040. - Impounding animals. It shall be the duty of the health officer to impound all animals found at large upon any highway, street, sidewalk, lane, alley or other public place, or upon any private property. Additionally, the hea lth officer may contract with any person to keep, feed and care for such animal at reasonable rates for not more than 20 days. Sec. 18.04.050. - Disposition of rabid or disabled animals. If the health officer thinks that from the report of a licensed vete rinarian or other qualified person that an animal is afflicted with rabies, he shall humanely destroy such animal, and shall take such other action as may be required by law and as he deems necessary to prevent the spread of such disease. Sec. 18.04.060. - Disposition of impounded bovine animals, horses, mules or burros. The health officer, upon impounding of any bovine animal, horse, mule or burro, shall immediately notify the secretary of food and agriculture. Sec. 18.04.070. - Disposition of other impounded animals. If any animal other than a domestic bovine animal, horse, mule or burro, and except an animal afflicted with rabies, impounded by the health officer, is not reclaimed within two days, it shall be sold by the health officer after giving notice of sale. Sec. 18.04.080. - Notice of sale. At least five days prior to the sale of any impounded animal, the health officer shall cause a copy of the notice to be published in a newspaper circulated in the area where the animal was found, and shall mail a copy of the notice to the owner, if known. Sec. 18.04.090. - Sale of animals. At the time and place set forth in the notice of sale, the health officer shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offere d for such animal, the health officer may sell such animal at a private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law. Sec. 18.04.100. - Proceeds of sale. The proceeds of such sale, after deducting the fees and charg es of the health officer, shall be paid by the health officer to the city treasurer who shall pay then over to the owner of such animal sold if claimed within one year thereafter. If not claimed, they shall be transferred into the general fund of the city. Sec. 18.04.110. - Redemption of animals by owner. The owner may at any time before the sale or other disposition thereof, redeem the same by paying the health officer all fees and charges thereon. Sec. 18.04.120. - Costs of redemption. (a) The health officer shall charge each person redeeming an unaltered impounded animal an impounding fee of $35.00 for the first offense, $50.00 for the second offense and $100.00 for the third offense, plus the costs of transporting the animal to the impound , the costs of veterinary and related services, the costs of sale incurred, and the costs of any extraordinary measures required in or for the handling and maintenance of the animal while impounded. (b) The health officer shall charge and collect from each person redeeming an altered impounded animal an impounding fee of $25.00 for the first offense, $40.00 for the second offense and $90.00 for the third offense, plus the same extra fees as mentioned above. Page | 39 Full Text of Municipal Code Sec. 16.05.030. - Solid waste removal. A. Solid waste created, produced or accumulated in or about an apartment house, a dwelling house or other place of human habitation shall be removed from the premises at least once each week. B. Solid waste containing putrescible material cr eated, produced or accumulated at motels, hotels, restaurants, boardinghouses or other like business establishments shall be removed from the premises least once per week. If conditions warrant, the county health officer or city manager may require a great er frequency of removal. C. It is unlawful for the person, having ownership, control or possession of the premises described in the preceding paragraphs, to fail or neglect to provide for the removal of solid waste. Each day's violation of this section shall be treated and considered as a separate and distinct offense. D. Except as otherwise provided in this section, it is unlawful for any person other than the franchisee to transport or collect solid waste in the city or to lease or rent containers or bins, incl uding temporary collection bins, for solid waste collection to any person in the city. E. A franchisee shall not collect, transfer or remove solid waste in any area for which it does not hold a current and valid franchise. F. Exempted from the foregoing prohibit ions are the following: 1. Construction contractors or their subcontractors, building remodeling contractors and demolition contractors, may haul their own construction debris and waste provided they utilize only their own employees and equipment. 2. Gardeners or landscapers transporting green waste or refuse generated by their work, or persons purchasing or accepting donations of recyclables shall not be required to have a franchise. 3. The city. G. No person shall accept solid waste at any place, location, tract of l and, area or premises that is not a solid waste facility as defined in Public Resources Code § 40194, which facility is duly licensed, permitted, properly zoned and approved by all governmental bodies an d agencies having jurisdiction. ( Ord. No. 2013-15, § 1, 10-9-2013 ) Sec. 16.05.200. - Violation—Public nuisance. In addition, any violation of this chapter is deemed to be a public nuisance, and may be abated by the health officer or his/her designee, irrespective of any other remedy hereinabove provided. ( Ord. No. 2013-15, § 1, 10-9-2013 ) Sec. 16.20.010. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial poultry ranch means any building, structure, enclosure or premises located within the incorporated area of the city, where 1,000 or more domestic fowl are kept or maintained for the primary purpose of producing domestic fowl, eggs or meat for sale. Domestic fowl means a domestic bird known commonly as a chicken, of any age, either hen or cock. Health officer means the director of the health department of the county or designated representative. Person means any individual, firm, partnership, joint venture, corporation, ass ociation, club or organization. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.20.040. - Payment of fees/receipts. A. The fees as required by this chapter other than reinspection fees shall be on a calendar year basis and shall be payable to the health officer on or before the last day of the year which precedes the year for which the fees are required; provided, however, fees for calendar year 1978 shall be made within 30 days after the effective date of the ordinance codified in this chapter and shall be calculated on a pro r ata basis by quarters for the remaining period of the calendar year. B. Upon payment of the fees as required by this chapter other than reinspection fees, the health officer shall issue a receipt to the person making such payment on behalf of the commercial p oultry ranch. A separate receipt shall be issued, upon payment of the required fees, for each commercial poultry ranch. (Ord. No. 2011-04, §§ 1, 2, 1-26- 2011) Sec. 16.20.050. - Reinspection/fee. In the event the health officer determines, upon a routine inspection of a commercial poultry ranch, that there are excessive vectors or any other adverse public health/well -being related conditions at such ranch, a reinspection shall be conducted thereafter by the health officer to determine if corrective action has been taken by the person operating such ranch. A reinspection fee, as established by resolution of the city council, shall be required to be paid by the person operating such ranch, and shall be payable to the health officer within 30 days after billing thereof by the health officer to such person. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.36.010. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Page | 40 Fly abatement committee means a committee composed of five members appointed by the city council. The membership shall be composed of two poultrymen, one member from an agricultural industry other than the poultry industry, one member chosen from that portion of the academic community which has technical expertise in fly control procedures, and one member chosen from the public at large. The term of office for each member shall be for two years and no member may serve more than two consecutive full terms. Vacancies shall be filled for the unexpired term of the prior incumbent. A vacancy shall be deemed to exist upon the resignation, death or loss of residency requirements of an incumbent. For the purpose of appointment, a vacancy shall be deemed to exist upon the expiration of a term. A quorum shall consist of a majority of the members not counting vacant positions, and no action of the committee shall be valid or binding unless a majority of the members pres ent concur therein. The committee shall elect a chairperson, a vice chairperson and a secretary from its membership. Fly breeding hazard means the accumulation, existence or maintenance of any substance, matter, material or condition resulting in the breeding of flies in an amount or manner such as to endanger public health or safety, or to create unreasonable interference with the comfortable enjoyment and use of life and property by others. Health officer means the health officer of the county or designat ed representative. Public nuisance means any fly breeding hazard in the city declared t o constitute a public nuisance. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.36.020. - Accumulation of matter to cause breeding of flies not permitted. A. When used in th is section, the term "health officer" means the health officer of the county or designated representative. B. No person shall permit the accumulation on premises owned by him under his control of decaying animal, vegetable or mineral matter, excreta from dome stic animals or fowls, or human excreta, in such a manner as to cause the breeding of flies. C. Any individual who neglects or refuses to abate a condition found by the health officer to be in violation of subsection (b) of this section within the time specified in a written notice, shall be in violation of the provisions of this section and shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted. Any individual convicted of a violation of this section shall be: 1. Guilty of an infraction offense and punished by a fine not exceed ing $100.00 for a first violation; 2. Guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation on the same site. The third and any additional violations on the same site shall constitute a misdemeanor offense and sha ll be punishable by a fine not exceeding $1,000.00 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation. The procedures, remedies and penalties for violation of this section and for recovery of costs related to enforcement are provided for in this Code. D. The health officer shall enforce this section. The health officer shall h ave the right to enter upon lands and buildings other than dwellings for the purpose of enforcing this section, and in making such entry shall take reasonable precaution to minimize the spread of disease from any premises. E. Nothing contained in this section shall be construed to authorize any person to maintain a public or private nuisance, or to prevent any proceeding for abatement thereof. F. Nothing contained in this section shall be deemed to interfere with the existing authority or duty of the health officer or other public officer under any law defining or relating to the abatement of any public nuisance, nor to be duplicative or in conflict with any such law. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.36.030. - Inspection by health officer. It shall be the duty of the health officer, upon routine inspection, or whenever he is informed or has reasonable cause to believe that any land, building or collection of plant or animal waste or any substance or existing condition on any lot, farm or other land o r on any other premises is a fly breeding hazard to enter upon such premises and to determine whether or not there is an existing fly breeding hazard, and in making such entry shall take reasonable precaution to minimize the spread of disease from any prem ises. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.36.040. - Abatement proceedings—Notices. A. Whenever there exists in any place within the city a fly breeding hazard, the health officer shall serve upon the record owner or person having control or possession of such place or premises, or upon the agent of either, a written notice to abate such nuisance and take corrective measures to prevent its continuance. The notice to abate shall specify what is claimed to be causing the fly breeding hazard. Abatement shall be commenced immediately and shall be completed within such reasonable time as the health officer shall specify in the written notice. Page | 41 B. If the fly breeding hazard has not been abated within the time specified in the written notice, the health officer may extend the date for the completion of the abatement, or he shall serve upon both the record owner and the person having control or possession of the place or premises, or upon the agent of either, a written notice to appear at a hearing before the fly abatement committee. The written notice to appear shall specify the place, time and date of hearing, the date of hearing to be not less than five days after service of the notice to appear. Additionally, the written notice to appear shall advise the record owner and the person having control or possession of the place or premises that if the fly abatement committee determines that fly breeding hazard still exists at the time of the hearing, the health officer will proceed to abate such nuisance, unless the condition is abated on or before a date to be specified by the committee, and the at the owner of such place or premises and the person having control or possession thereof, jointly and severally, shall be liable to the city for the total cost of such work and such costs shall constitute a charge and lien upon the place or premises. C. All notices shall be serviced by personal delivery thereof, or by cer tified mail. (Ord. No. 2011-04, §§ 1, 2, 1-26- 2011) Sec. 16.36.050. - Same—Hearing. A. At the time fixed for the hearing by the fly abatement committee, such committee shall hear and consider all relevant evidence offered by the owner of record or person having control or possession of the place or premises upon which the fly breeding hazard allegedly exists, by the health officer or his agents, and by any other interested person. Upon the conclusion of the hearing, the committee shall make the following findings: 1. Whether or not a fly breeding hazard exists; 2. Specifically what is causing the hazard; 3. What should be done by the owner or operator to abate the immediate hazard; 4. Whether the owner or operator is a repeated violator (i.e., has received three or more notices to abate within the previous 12-month period); 5. If it is determined that the owner or operator is a r epeated violator, what action should be taken to prevent recurrence of the hazard; 6. Whether the owner or operator should comply with any specific regulations of the health officer. B. If the committee determines that a fly breeding hazard exists, the health of ficer shall proceed to abate it, without further notice, unless the condition is abated and such work is performed by the record owner or the person having possession or control of the place or premises on or before a date to be specified by the committee. Additionally, if the committee determines that action should be taken to prevent the recurrence of a fly breeding hazard, the health officer shall cause such action to be taken without further notice, unless such action is taken by the record owner or person having control or possession of the place or premises on or before a date to be specified by the committee. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.36.060. - Fly control standards. The fly abatement committee shall utilize those fly control stan dards recommended by recognized sources and approved by the city council as guidelines in the abatement proceedings described in section 16.36.050. These standards shall be printed and made available to all concerned persons by the health officer. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.36.070. - Hearing for repeated violators. A. If the health officer has served upon the record owner or person having control or possession of the place or premises upon which a fly breeding hazard exists, or upon the agent of either, three or more written notices to abate a fly breeding hazard within the previous 12 -month period, he also ma y serve upon both the record owner and the person having control or possession of the place or premises, at the time of service of the third notice to abate, a notice to appear at a hearing before the fly abatement committee. The written notice to appear s hall specify the place, time and date of hearing, the date of hearing to be not less than five days after service of the notice to appear. Additionally, the written notice to appear shall advise the record owner and the person having control or possession of such place or premises that the fly abatement committee will hear evidence and make findings as set forth in section 16.36.050, and that the record owner of such place or premises and the person having control or possession thereof, jointly and severally, shall be liable for costs of abatement, including costs of performing work to prevent the hazard's recurrence, as provided in section 16.36.080. B. At the time fixed for hearing the committee shall hear and consider evidence and make find ings as required by section 16.36.050. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.36.080. - Costs shall become special assessment. All costs of abatement, including the costs of performing work to prevent the fly breeding hazard's recurrence, shall constitute a charge and special assessment upon such parcel of land. If such costs are not paid within one month after writte n demand for payment is given to the record owner, and to the person having control or possession of the place or premises, the health officer shall report the amount and circumstances to the city council which may then declare a special assessment of that amount against that parcel as Page | 42 provided in Government Code § 25845. Such special assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedures a nd sale in case of delinquency as provided for ordinary city taxes. The city shall retain the additional and independent right to recover the costs by way of civil action against the owner or person in possession or control, jointly or severally. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.84.010. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal byproducts means the bones, fat, grease, meats and blood waste generated by the processing of meat for animal or human consumption at locations including, but not limited to, butchering facilities, markets, restaurants or packaging plants. Approval means the written approval by the health officer or his designated representative. Deodorizer or other additives means any substance that is placed in the waste receptacle of a portable toilet for the purpose of controlling odors and/or decomposition. Department means the county department of health. Disposal site means a liquid waste facility including, but not limited to, evaporation ponds at sanitary landfills, sewage treatment facilities and reclamation facilities that are licensed, permitted or approved by a ll governmental bodies and agencies having jurisdiction. Employer means any person operating a business at which ten or more persons work in locations for more than consecutive hours in any one day. This includes, but is not limited to, manufacturers and c onstruction contractors. Grease trap/interceptor means a clarifier or other device used to retain grease from normal wastes and permit normal sewage or liquid wastes to discharge into the disposal terminal. Waste removed from clarifiers used for any other purpose shall be considered industrial waste. Handling means the transporting, transferring, pumping, processing, storing or packaging of waste referred to in this chapter. Hazardous material means a substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics may either: 1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or 2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. Health officer means the health officer of the county or his designated representative. Industrial liquid waste means any and all liquid or water borne waste from industrial or commercial processes, except septic waste (domestic sewage). Intermediary storage tank means a stationary tank, used for the temporary storage of nonhazardous liquid waste which will be transported off site to a disposal site for subsequent treatment or disposal. Liquid waste means all nonhazardous wastes that are neither solid nor gaseous. Liquid waste vehicle means any conveyance or portable equipment used in the collection and/or transfer of residential or commercial nonhazardous liquid waste. It shall also mean any vehicle which is used to transport sewage sludge and vehicles used to collect or transport animal byproducts. When used in conjunction with a tractor/trailer -mounted collection uni t, the term "vehicle" also refers to the trailer. Maintenance facility means the yard or location wherein those companies with portable toilets and/or three or more vehicles, clean, repair and store vehicles or toilets when not in use, or where an intermed iary storage tank is located. Person means any person, firm, business, sole proprietorship, partnership, joint venture, trust, association, or corporation whether for profit or nonprofit. Portable toilet means a self-contained, flush or nonflush toilet wherein the waste is deposited directly into a reservoir which may contain a solution of water incorporating an approved deodorizer or other additive for odor control. The units may be mounted on mobile trailers, skids, or otherwise readily movable structures . These facilities are also known as "chemical toilets." Promoter means any person who assumes the financial and/or legal responsibility for an exhibition, special event or other activity at which the general public may gather. These activities include both free events and events for which an entry fee is assessed. Septic waste means the liquid and waterborne wastes derived from the ordinary living processes, free from industrial wastes, and of such character as to permit satisfactory disposal, without s pecial treatment, into the public sewer or by means of a private sewage disposal system. This is also known as "domestic sewage." Sewage or sewage effluent means any and all waste substances, liquid or solid, associated with human habitation, or which contains or may be contaminated with human or animal excrement, offal, or any feculent matter. Page | 43 Sludge means the nonhazardous solids, semi -solids or liquids generated by the processing of liquid waste by a community or municipal sewage treatment plant. Toilet facility means a fixture maintained within a toilet room for the purpose of defecation, urination or both. Toilet room means an enclosure containing one or more toilet facilities. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.84.020. - Prohibitions. A. No person shall engage in the business of providing or cleaning portable toilets or the cleaning of septic tanks, cesspools, sewage seepage pits or grease traps, or engage in the transportation of wastes collected by such cleaning, or handle the wastes from any animal byproducts, or other nonhazardous liquid waste within the city in violation of this chapter. B. No person shall provide or use an intermediary storage tank in conjunction with a liquid waste handling business regulated by this chapter without prior written approval from the health officer. C. No person shall operate a liquid waste vehicle, furnish or provide a portable toilet or toilets, handle the wastes from animal byproducts, clean septic tanks, etc., or maintain or operate maintenance facilities wit hout holding a current unrevoked and unsuspended permit issued by the health officer. Persons or vehicles regulated through other ordinances or programs enforced by the department may be exempted from the permitting requirements of this chapter upon written statement issued by the health officer. D. Employers and promoters shall provide or cause to be provided toilet facilities meeting the specifications as established by resolution adopted by the city council. E. All wastes or other material collected under the authority of this chapter shall be transported to a disposal site approved by the health officer for that type of waste. The express, written permission of the operator of the disposal site shall be secured by the permittee prior to disposal at the site or into any system which is connected to the site. F. The standards established for the acceptance of waste by the operator of the disposal sites shall be obser ved at all times by permittees. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.84.030. - Specifications. The health officer is authorized to issue permits authorizing the holder thereof to perform the following services in accordance with the requirements of this chapter: 1. Type of service provided. The permit issued will allow the permittee to provide collection services for removal and transportation of all wastes as defined in this chapter. The permittee shall take all steps necessary to ensure that such handling is completed in a safe, sanitary and efficient manner. a. Septic waste. 1. The permittee is authorized to collect and transport all residential and commercial septic wastes as defined. 2. The permittee is authorized to collect, transport and dispose of industrial waste as defined upon verification that the waste is free of any products or contaminan ts which could result in a classification as hazardous waste. 3. The permittee shall be required to conduct testing of all waste to include at least a pH analysis of each load accepted. Waste with a pH less than or equal to two, or greater than or equal to 12 .5 is considered a hazardous waste and shall not be handled by permittees unless a valid permit for hazardous materials collection has been secured from the state department of health services. 4. Each residential septic tank pumping customer shall be informe d, in writing of: i. The number of compartments within the system to be pumped; ii. An assessment of tank condition as to necessity for pumping chambers in addition to the primary. For routine maintenance, all compartments of a septic tank should be made availabl e for pumping of liquid and solids; iii. The number of compartments actually pumped; iv. The number of gallons removed; v. The pH value of the load. 5. The permittee shall instruct all septic service customers in the operation and proper maintenance of their subsurface disposal system. b. Portable toilets. 1. The permittee is authorized to provide, place and service portable toilets. 2. Portable toilets shall be commercially manufactured units built and maintained to standards established by resolution of the city council. 3. The employer and/or promoter of businesses, construction and demolition sites and public events where permanent toilet facilities of sufficient number are not available shall provide these sites/events with portable toilets in the numbers specified by resolution of the city council. Page | 44 4. Portable toilets are to be cleaned and sanitized by the permittee at least once a week. A permanent maintenance record for each unit, listing the dates the unit has been serviced and the deodorizer used, is to be maintained on the inside wall of the portable toilet for confirmation by the health officer. 5. Deodorizing/sanitizing additives, used in the waste container shall be in accordance with applicable federal, state and local provisions. 6. Portable toilets shall be thoroughly cleaned and sanitized before being moved to a different location. If repairs are needed, the portable toilets shall be taken to the company's maintenance facility and repaired to meet the standards set by resolution of the city council. c. Animal byproducts (fat/grea se). 1. The permittee shall take all steps as may be reasonable and necessary in order to ensure that the collection of all fats, animal byproducts or grease collected for the purpose of reclamation, reuse or disposal is handled in a manner which will minimize spillage, public hazard or nuisance. 2. All contents from grease traps/interceptors or liquid animal byproducts (such as egg shell waste) shall be collected with an approved vehicle and discharged to either: i. A disposal site specifically approved for grease trap wastes; ii. A facility which processes the waste for reclamation or subsequent discharge; iii. Where liquid animal byproducts or grease is stored by the generator in leakproof approved containers, the storage container itself may be transported on or in an app roved vehicle to the processing facility; or iv. Solid animal byproducts such as bones, fat or meat are to be transported on or in an approved vehicle to a processing facility. Collection and transportation of solid animal byproducts to a disposal site by any person other than the generator constitutes solid waste collection as regulated under separate ordinance and therefore is prohibited under the terms of this chapter. d. Sludge. 1. The permit issued by the city will allow the permittee to provide collection, tran sportation and handling of sludge. This permit does not authorize the permittee to engage in the land application of sewage sludge for agronomic purposes, which activity is regulated under city ordinance. This permit does not authorize the permittee to engage in the composting of sewage sludge, which is regulated by other city, county and state regulations, and is therefore not allowed under the terms of this chapter. 2. Sludge shall be delivered only to disposal, or processing sites approved and/or permitted by all agencies with jurisdiction. The permittee shall take all steps as may be reasonable and necessary in order to ensure that the collection and transportation of all sludge for the purpose of reclamation, reuse or disposal shall be handled in a manner which will minimize public hazard or nuisance. 2. Handling of waste. a. All waste hauled by the permittee shall be contained or enclosed to prevent leaking, spilling or inadvertent discharge. b. Any discharge or spillage at a location other than an approved disposal site or processing facility shall be cleaned and appropriately disinfected prior to the vehicle driver's departure from the site. Such discharge or spillage shall be reported by the permittee to the health officer within 24 hours of the incident. c. Any container, vessel, tank or vehicle used to store, collect or consolidate waste collected by the permittee prior to discharge or delivery shall be approved by the health officer and is subject to approvals or permits by other agencies with jurisdiction. 3. Reports. Every permittee shall provide one or more reports as required by the health officer within ten calendar days of the end of each calendar month on forms supplied by the department. a. Permittees handling septic or grease trap waste. The report shall be written in a clear and legible manner and shall list all septic tanks, cesspools, grease traps, sewage seepage pits or any other nonhazardous waste containers pumped or cleaned by the permittee during the month. The report shall list the date, address o f the property, the name of the owner or tenant, gallonage pumped from the site, the disposal site, and total gallonage disposed for that month. b. Permittees servicing portable toilets shall report the number of toilets serviced, the volume removed and the disposal sites. c. Permittees handling animal byproducts shall report the volume or weight of the materials collected during the month and the processing sites to which the animals byproducts were delivered. d. Permittees handling sewage sludge shall report the s ource, volume and disposal site for each load transported in the city. 4. Facilities and equipment. Page | 45 a. The permittee shall maintain its maintenance facilities in a clean and safe condition. The permittee shall, upon request, provide a clearance from the appropri ate planning agency, regional water quality control board or other appropriate public or private agencies approving the site for all uses intended. b. Maintenance facilities at which vehicles or portable toilets are washed shall be provided with adequate drai nage to an approved sewer or subsurface disposal system. The entire lot shall be adequately sloped for drainage control. All hose bibs and other water outlets shall be protected by an approved backflow prevention device. c. Vehicles used shall meet the follow ing specifications: 1. All vehicles used for the collection of waste in a liquid form shall be equipped with a reliable tank content level indicator, shall be watertight, and have watertight covers on the manholes and fittings. 2. Vehicles which are used exclusively to service portable toilets may be exempted from the requirement of a tank content level indicator, at the discretion of the health officer. 3. The name (or DBA) and address or phone number of the person to whom the permit is issued shall be printed on both sides of the vehicle. The letters shall be a minimum of three inches in height and fully visible and legible at all times. The liquid waste tank capacity shall be approved and certified by any city department of weights and measures or similar a gency and clearly indicated on both sides of the vehicle in contrasting letters no smaller than one inch. 4. All discharge valves or gates shall be operated from the valves or gates themselves and not by controls within the cab of the truck. Contents shall be discharged through a closed line without spilling or splashing and all valves shall shut tightly without difficulty. The discharge line shall be equipped with a leakproof cap which shall be fitted over the outlet pipe at all times, except when the content s of the tank are being discharged. This cap shall be securely attached to the vehicle by a chain or similar device as approved by the health officer. 5. All pumps shall be leakproof and all lines used for pumping or cleaning of waste disposal systems shall b e furnished by the permittee. 6. All vehicles shall be kept clean of splashing and waste accumulation. All vehicles shall be kept in good repair, and not leaking oil or other fluids onto the surface of the ground. 7. All water used in cleaning lines and equipment shall be discharged into an approved sewage disposal system or disposal site. 8. Each vehicle shall carry a minimum of five gallons of fresh water on the vehicle. 9. Each vehicle shall carry a garden hose of at least 25 feet in length and one gallon of disinfe ctant for cleaning spillage. 10. Vehicles used for transporting wastes not in a liquid state shall be designed, constructed and maintained to eliminate the potential for spillage. Such vehicles are subject to any of the above requirements which are appropriate for the waste being transported. 11. Vehicles are to meet all standards established by other government agencies including, but not limited to: i. Vehicular emissions; ii. Safety equipment or OSHA standards; iii. Noise levels; iv. Applicable highway patrol inspections. 5. Personnel. Permittee shall be responsible to see that his personnel involved in the handling of waste collected under the authority granted by the permit are adequately trained and experienced in liquid waste collection, sanitation responsibilities and use of acceptable public relations skills. 6. Handling of complaints. Permittee shall be equipped to directly receive and promptly process all customer complaints associated with the service provided. The health officer shall provide general assistance to permittees' customers who complain to the department and shall refer such customers to the permittee for more specific problem resolution. The permittee shall give prompt, courteous attention to all complaints and resolve them to the satisfaction of the health officer. 7. Change of address. The permittee shall report any change of ownership, DBA or address of the place of residence or business of any person permitted under this chapter in writing to the health officer by registered mail wi thin ten days after the change. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.84.040. - Hazardous waste. A. A permit obtained under this chapter shall not authorize the collection, handling or disposal of nonspecified solid waste, hazardous or extremely hazardous waste. B. In the event that the permittee inadvertently collects or is refused disposal of waste on the basis that the waste is believed to be hazardous waste or extremely hazardous waste, the permittee shall immediately notify, by telephone and in writing, the health officer, and th e local fire agency or affected city, listing the following information: Page | 46 1. Name, address and telephone numbers of the permittee; 2. Name, address and telephone number of the location from which the hazardous or extremely hazardous waste was collected; 3. A description of the type of hazardous or extremely hazardous waste collected; 4. Location at which the hazardous or extremely hazardous waste is being held. (Ord. No. 2011-04, §§ 1, 2, 1- 26-2011) Sec. 16.84.050. - Permit applications. A. All applications for a liquid waste vehicle permit or a maintenance facility permit shall be filed with the health officer upon a form provided by the department. The application shall state the owner's name in full, if a partnership the names of each of the partners, the relationship of the applicant to the firm or partnership, the DBA if different than the owner's name, the location of business or maintenance facilities, the mailing address, the business phone number and the place of residence of the applicant. The application shall als o state the exact location of all disposal sites utilized, a list of the cities and other counties in which the business will operate and a list of the vehicles requested to be permitted, to include the make, model, year, state license number and waste capacity. B. Any person in the city who intends to use an intermediary storage tank located below the surface of the ground shall also submit a clearance from the land development branch of the department. This clearance will assess the size of the proposed facility, if existing, will review a C -42 license contractor's evaluation of the tank or tanks and, if new, will ensure applicable approvals have been obtained from the appropriate city departments. C. Any person who intends to handle both hazardous materials and liquid waste shall demonstrate evidence that a valid permit for hazardous materials collection has been secured from the stat e department of health service. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.84.060. - Permit fees. A. Prior to the issuance of a public health permit, there shall be paid to the health officer the following indicated fees: 1. First liquid waste vehicle: $120.00. 2. For additional activity: a. Each vehicle after the first vehicle: $80.00. b. Maintenance facility: $60.00. c. Transfer or receipt: $10.00. d. Registration tag (decal) replacement: $5.00. B. All permits shall be issued on a calendar year basis. A permit issued for less than one year shall be prorated to the quarter. If an application for a permit or permit renewal is made more than 30 days a fter the date that such permit is required, the applicant shall pay an additional fee of 20 percent of the fees normally due. If an application for a permit or permit renewal is made more than 60 days after the date that such permit is required, the applic ant shall pay an additional fee of 100 percent of the fees normally due. The health officer shall provide a decal for each permitted vehicle. The decal shall be permanently affixed to the windshield so as to be clearly visible at all times. Upon completion of the vehicle inspection report, a copy shall be furnished to the operator. Liquid waste vehicles operated under a state permit to handle hazardous waste are e xempt from the payment of fees. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.84.070. - Term and renewal. The terms, covenants and conditions of the permit shall commence upon execution of the permit, for the duration of the calendar year or prorated portion of the year in which the permit is issued. 1. Nonrenewal. The making of a decision of nonrenewal and the reasons therefor, shall lie within the sole discretion of the health officer. Such decision by the health officer shall be indicated by a written notice to the permittee 45 days prior to the expiration of the current permit. Any proposal for nonrenewal of the permit shall entitle the permittee, (when he so requests) to a hearing before the health officer. 2. Permit suspension or revocation. Whenever the health officer finds that a permittee is not in compliance with the requirements of this chapter, a written notice to comply may be issued to the permittee. If the permittee fails to comply, the health officer shall issue the permittee a notice setting forth the acts or omissions with which the permittee is charged, and inform him of a right to a hearing to show cause why the permit should not be suspended or revoked. 3. Appeals/hearing. A written request for a hearing shall be made by the permittee within 15 calendar days after receipt of the notice. Failure to request a hearing withi n 15 days after receipt of the notice shall be deemed a waiver of the right to a hearing. The health officer may order a hearing at any reasonable time within this 15 -day period to expedite the permit suspension, revocation or nonrenewal process. The heari ng shall be held within ten city Page | 47 working days of the receipt of a request for a hearing with a written notice of the decision issued by the hearing officer within five city working days thereafter. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.84.080. - Transferability of permit. No assignment or transfer, whether voluntary or involuntary, of the permit issued under this chapter or any right thereunder, shall be made in whole or in part by the permittee without the written approval of the health officer. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.84.100. - Right of further regulation reserved. A. The city reserves the right to apply the basic standards contained in this chapter to other nonhazardous substances which, by their nature and/or composition, in the opinion of the health officer, require special handling procedures consistent with those applied to items specifically designated herein to adequately manage the wastestream of the city and to avoid the creation of a health hazard or nuisance. B. The city reserves the right to require a permit bond, pollution bond, or other insurance bond of an amount up to $100,000.00 per permittee, such right to be dependant upon the reasonable need thereof, as may be determined by the health officer. C. The city reserves t he right, at the permittee's expense, to require independent certification of the integrity of any tank or vessel used for the collection or handling of wastes. D. The city reserves the right to require persons providing portable toilets to submit in writing to the health department, the locations of all toilets in service at a given time . (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.84.120. - Enforcement authority. It shall be the duty of the health officer or his agents to enforce the provisions of this chapter. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.84.130. - Right of entry. The applicant shall agree, as a prerequisite to the issuance of the permit to allow the health officer, at reasonable times and upon presentation of credentials to: 1. Enter upon the permittees maintenance facility, place of business or other locations where the permittees vehicles may be stored or engaged in the activities authorized by the permit; 2. Have access to and copy records required to be kept under the terms and conditions of this permit; 3. Inspect any collection, transportation or storage vessels or vehicles associated with the performance of the activities authorized by this permit; 4. Obtain any photogra phic documentation or evidence. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.84.140. - Violation—Public nuisance. Any violation of this chapter is hereby deemed to be a public nuisance and may be abated by the health officer irrespective of any other remedy provided in this chapter. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.129.060. - Violation constitutes a public nuisance. In addition, any violation of this chapter is deemed to be a public nuisance and may be abated or enjoined by the health officer or designee irrespective of any other remedy hereinabove provided. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 16.130.120. - Department monitoring plan. A. The department shall implement a monitoring program to ensure conformance with the conditions and restrictions established by this chapter. 1. will be conducted to: a. Verify physical conditions of sites as described in site notifications and registrations. b. Verify conformance with standards of operation, buffers and clearances established for the tier of biosolids being applied. c. Verify that the material delivered is consistent with material reviewed by the product review panel in placing it in its respective tier. d. Provide feedback to the department and the product review panel on the effectiveness of the buffers and clearances established for the respective tiers. e. Conduct sampling activities. 2. Sampling will be conducted to provide independent confirmation for the various analysis required by the generator of the biosolids to be applied, to include: a. Pathogen analysis. b. Contaminants, including heavy metals, for both biosolids and soi l. c. Nitrogen, to validate analysis provided for agronomic rates. B. Inspections and sampling frequencies, material to be sampled for, sampling standards and other details shall be established through a monitoring plan approved by the health officer. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 18.04.010. - Definitions. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal means and includes any domestic bovine animal, horse, mule, burro, sheep, goat, swine or other domestic animal except a dog or cat. Page | 48 At large means off the premises of, and not under physical restraint, by, the owner or other person having charge of an animal. Fowl means and includes any chicken, duck, turkey, goose or other domestic fowl. Health officer means the health officer of the county or his duly authorized representative. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 18.04.040. - Impounding animals. Subject to the provisions contained in section 18.04.140, it shall be the duty of the health officer to take up and impound all animals found at large upon any highway, street, sidewalk, lane, alley or other public place, or upon any private property. The health officer may contract with any person to keep, feed and care for any such animal at reasonable rates for not more than 20 days. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 18.04.050. - Disposition of rabid or disabled animals. If it shall appear to the health officer from the report of a licensed veterinarian or other qualified person that an animal is afflicted with rabi es, he shall humanely destroy such animal, and shall take such other action as may be required by law and as he deems necessary to prevent the spread of such disease. He may humanely destroy any sick, disabled, infirm or crippled animal found at large, if he is unable to identify and locate the owner. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 18.04.060. - Disposition of impounded bovine animals, horses, mules or burros. Upon impounding of any bovine animal, horse, mule or burro, the health officer shall c omply with Food and Agriculture Code § 17003 and immediately notify the secretary of food and agriculture. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 18.04.070. - Disposition of other impounded animals. If any animal other than a domestic bovine animal, h orse, mule or burro, and except an animal afflicted with rabies, impounded by the health officer, is not reclaimed within two days thereafter, it shall be sold by the health officer after giving notice of sale in accordance with section 18.04.080. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 18.04.080. - Notice of sale. A. contain a description of the animal, including: 1. Any identifying marks or brands; 2. The date and place where the animal was taken up; and 3. The time and place of sale. B. At least five days prior to the sale of any impounded animal, the health officer shall cause a copy of the notice to be published in a newspaper circula ted in the area where the animal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal at his residence or place of business, if known. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 18.04.090. - Sale of animals. At the time and place set forth in the notice of sale, the health officer shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the health officer may sell such animal at private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 18.04.100. - Proceeds of sale. The proceeds of such sale, after first deducting fees and charges of the health officer, including costs of sale, shall be paid by the health officer to the city treasurer who shall pay then over to the owner of such animal sold if claimed within one year thereafter. If not so claimed, they shall be transferred into the general fund of the city. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 18.04.110. - Redemption of animals by owner. The owner or person entitled to possession of any animal impounded, may at any time before the sale or other disposition thereof, redeem the same by paying the health officer all fees and charges thereon. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Sec. 18.04.120. - Costs of redemption. A. The health officer shall charge and collect from each person redeeming an unaltered impounded animal an impounding fee of $35.00 for the first offe nse, $50.00 for the second offense and $100.00 for the third offense, plus the actual costs of transporting the animal to impound, the actual costs of veterinary and related services rendered to the animal while impounded, the actual costs of sale incurred , and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal while impounded, and in addition thereto, the following fees set forth in subsection (b) of this section. B. The health officer shall charge and collect from each person redeeming an altered impounded animal an impounding fee of $25.00 for the first offense, $40.00 for the second offense and $90.00 for the third offense, plus the actual costs of transporting the animal to impound, the actual costs of veterinary and related services rendered to the animal, the actual costs of sale incurred, and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal while impounded, and in addition thereto, the fo llowing fees set forth in this subsection for: 1. The maintenance of swine, goats and sheep: per animal, for each day of impoundment: $12.00; 2. The maintenance of horses and cattle: per animal, for each day of impoundment: $20.00; Page | 49 3. The maintenance of ponies: per animal, for each day of impoundment: $20.00; 4. The maintenance of fowl: per animal, for each day of impoundment: $5.00; 5. The taking up of large -sized animals, such as horses, cattle, and ponies: per animal: $75.00; 6. The taking up of medium-sized animals, such as swine, goats, and sheep: per animal: $60.00; 7. The taking up of small-sized animals, such as rabbits and guinea pigs: per animal: $5.00; 8. The taking up of animals after normal business hours: $90.00 per hour. a. This after hours fee is in addition to any oth er applicable fees set forth in this chapter. C. The fees set forth in this section shall be in effect until the city council shall by ordinance fix some other fee upon the basis of a cost analysis as determined by the county auditor-controller. (Ord. No. 2011-04, §§ 1, 2, 1-26-2011) Page | 50 City of Hemet Chapter 10 – Animals Sec. 10-31. - Definitions. Heath officer means the health officer of the county or his designated representative, or other heath officers designated by the city council. Sec. 10-34. - Vaccination certificate for dogs. After vaccinating any dog, the licensed veterinarian shall sign a certificate in duplicate in the form required by the health officer. Sec. 10-35. - Dog kennels and pet shops. (c) After receipt of an application, the license collector shall make or cause to be made an examination of a dog kennel or pet shop for which the license in requested. No license shall be issued, nor shall any license be renewed, unless the dog kennel or pet shop shall, in the opinion of the heath offic er, satisfactorily meet certain conditions (f) The license collector may revoke any license issued pursuant to this article whenever he determines from an inspection report by the health officer that any dog kennel or pet shop fails to meet all the conditions of this section. It shall be effective until all conditions of this section have been met and compiled with to the satisfaction of the health officer and written notice of this fact has been given to the license collector. Sec. 10-45. - Declaration of general quarantine; skunk quarantine. (a) Whenever the health officer determines that an epidemic of rabies exists or is threatened, he shall have the authority to take such measures as may be reasonably necessary to prevent the spread or the disease, including the declaration of quarantine agains t any or all animals in any area in the city as the health officer may determine. (b) In order to protect the public health from the hazards of rabies found to exist in skunks, a quarantine is imposed, to continue until release by the health officer, whereby it is prohibited to trap or capture skunks for pets; to trap capture or hold skunks in captivity for sale, barter exchange or gift; or to transport skunks from or into the city except by permit. Page | 51 Full Text of Municipal Code Sec. 10-31. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administration. The chief of police shall supervise the administratio n and enforcement of the provisions of this article and of the laws of the state pertaining to the control of dogs and cats, and shall have charge of animal shelter employees and facilities. Animal control officer means any person duly appointed to carry o ut the provisions of this article. Dog kennel and pet shop mean any building, structure, enclosure or premises whereupon or within which four or more dogs are kept or maintained for any purpose or reason whatsoever. The term does not include, nor is this subsection applicable to, dogs under 120 days of age. Fees means dog license fees and any other fee necessary for the operation of the city pound or contractual services for the control or housing of any animal. Fees shall be set and approved by the city c ouncil, by resolution, and may be changed from time to time as may be required for the necessary funds to properly carry out the provisions of this article. Health officer means the health officer of the county or his designated representative, or other he alth officer as designated by the city council. Impounded means having been received into the custody of the animal shelter authorized under the provisions of this article. Owner means any person having title to any animal, or a person who has, harbors or keeps or who causes or permits to be harbored or kept an animal in his care, or who permits an animal to remain on or about his premises for a period of 15 consecutive days. Pound means any animal shelter retained or hereafter established or contracted for by the city council, wherein animals are kept or housed in accordance with this article. The terms "animal shelter" and "pound" s hall be synonymous. Sentry dog means a dog trained or purported to be trained to work without supervision in a fenced facility or structure and to deter or detain unauthorized persons found within the facility. Unlicensed dog means any dog for which the li cense for the current year has not been paid, or to which the license tag for the current year is not attached. Vaccination and vaccination against rabies mean the inoculation of any dog four months of age or older with canine chick-embryo origin modified live-virus rabies vaccine which immunizes for a period not to exceed 18 months in a manner prescribed by the state department of health, or any other vaccine for such purpose prescribed by such department. Vicious dog means any dog which has bitten a perso n or animal without provocation or which has a disposition or propensity to attac k or bite any person or animal. (Ord. No. 747; Code 1984, § 7000) Sec. 10-34. - Vaccination certificate for dogs. Each duly licensed veterinarian, after vaccinating any dog, shall sign a certificate in duplicate in the form required by the health officer. He shall keep one copy and give one copy to owner of the vaccinated dog, and the owner shall retain a copy in his possession. (Ord. No. 747; Code 1984, § 7003) Sec. 10-35. - Dog kennels and pet shops. A. License required. Every person engaged in the business of operating a dog kennel or pet shop shall obtain a license from the license collector. B. Application for license. Application for a license to operate a dog kennel or pet shop shall be made in writing to the license collector not later than ten days after obtaining written verification from the planning department that the operation of a dog kennel or pet shop is in compliance with the zoning ordinance of the city. C. Inspection; required facilities. After receipt of an application, the license collector shall make or cause to be made an examination of the dog kennel or pet shop for which the license is requested. No license shall be issued, nor shall any license be renewed, un less and until the dog kennel or pet shop shall, in the opinion of the health officer, satisfactorily meet each of the following conditions: 1. The dog kennel or pet shop is constructed, equipped and maintained so as to continuously provide a healthful and sanitary environment for the animals kept or to be kept therein. 2. There is adequate shelter from the elements and sufficient space for exercise. 3. There is ample and healthful food and potable water and adequate sanitary facilities for storage of the food and water. 4. There are adequate drainage facilities and satisfactory sanitary disposal of both natural precipitation and animal wastes of all kinds. 5. There is an adequate and effective means of control of insects and rodents and such control is vigorously maintained at all times. 6. Living quarters of a house or home shall not be considered adequate for a kennel or a pet shop. Page | 52 7. All dogs four months of age or older on the premises shall have a current rabies vaccination certificate. D. Denial of license. Failure of the applicant for the license to comply with any one of the conditions set out in subsection (c) of this section shall be deemed just cause for the denial of any license, whether original or renewal. E. Right of entry of animal control officer. The animal control officer shall have authority to enter upon any area or premises in which a dog kennel or pet shop is located for the purpose of the enforcement of this article. F. Grounds for revocation of license. The license collector may revoke any license issued pursuant t o this article whenever he determines from an inspection and report by the health officer that any dog kennel or pet shop fails to meet all the conditions of this section. Any revocation of a license shall be effective until all conditions of this section have been met and complied with to the satisfaction of the health officer and written notice of this fact has been given to the license collector. The licensee shall be furnished a copy of the compliance notice, and upon receipt of such notice the license shall be deemed in full force and effect for the remainder of the original term for which issued. G. Procedure for revocation of license. The license collector shall have the power, upon the giving of ten days' notice by the United States mail to any licensee under this section, to revoke any license granted to a dog kennel or pet shop operator for a violation of this article. H. Exemption from license fee. No license fee shall be required for a dog kennel or pet shop maintained or operated by a nonprofit corporation formed pursuant to Corporations Code § 10400 et seq. for the prevention of cruelty to animals. With the exception of license fees, all other provisions of this section shall be applicable to a ny such nonprofit corporations. (Ord. No. 747; Code 1984, § 7004) Sec. 10-45. - Declaration of general quarantine; skunk quarantine. A. Whenever the health officer determines that an epidemic of rabies exists or is threatened, he shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quarantine against any or all animals in any area in the city as the health officer may determine and define, for a period of not more than 120 days. An additional or extended quarantine period may also be declared if the additional period is deemed necessary by the health officer for the protection and preservation of the public health, peace and safety. Any quarantine declared under the provisions of this section, other than as restricted in this section, shall be upon such conditions as the health officer may determine and declare. B. In order to protect the public health from the hazards of rabies found to exist in skunks, a quarantine is imposed, to continue until release by the health officer, whe reby it is prohibited to trap or capture skunks for pets; to trap, capture or hold skunks in captivity for sale, barter exchange or gift; or to transport skunks from or into the city except by permit from the state department of health pursuant to Californ ia Administrative Code § 2606.8. (Ord. No. 747; Code 1984, § 7014) Page | 53 City of Indian Wells Chapter 6.48 – Rabies Suppression, Control and Quarantine 6.48.050 Preventive measures authorized during threatened or actual rabies epidemic. If the County Health Officer determines that an epidemic of rabies exists or is threatened, the County Health Officer declare a quarantine against any or all animals in any area of the City as the County Health Officer may determine and define, for a period of not more than one hundred and twenty day. If need be, an additional or extended quarantine period can be declared. Chapter 8.04 – Health and Sanitation 8.04.010 Definitions. “Health Officer” means the County Health Officer if the City is under contract with the County to provide health services, or the City Health Officer if the City is not under contract and has its own full time City employee as a Health Officer. 8.04.020 Owner’s responsibility for removal of refuse. The refuse created or produce must be removed from the property not less than twice a week however, that upon written approval of the Health Officer, refuse created, produced or brought upon the premises of an industrial or commercial building may be removed not less than once a week. This latter provision, however, will not apply to food handling establishments. Chapter 8.32 – Collection, Transportation, and Removal of Waste Products 8.32.020 Violations and penalties. Any violation of the provisions of this chapter is hereby deemed to be a public nuisance and may be abated by the Health Officer. Page | 54 Full Text of Municipal Code 6.48.050 Preventive measures authorized during threatened or actual rabies epidemic. Whenever the County Health Officer shall determine that an epidemic of rabies exists or is threatened, the County Health Officer shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including but not limited to the declaration of quarantine against any or all animals in any area of the City of Indian Wells as the County Health Officer may determine and define, for a period of not more than one hundred and twenty (120) days. An additional or extended quarantine period may also be declared if such additional or extended quarantine period shall be deemed necessary by the County Health Officer for the protection and pr eservation of the public health, peace and safety. Any quarantine declared pursuant to this Section, other than as restricted herein, shall be upon such conditions as the County Health Officer may determine and declare. (Ord. 436 § 6, 1998; Ord. 231 § 12, 1987) 8.04.010 Definitions. The following terms as used in this Chapter unless otherwise indicated, have the respective meanings set forth: “Bulky items” means objects of furniture, household or industrial appliances, shipping crates and containers or other large, bulky, or heavy objects not normally discarded on a regular basis from City residences or commercial or industrial establishments. “City” shall mean the City of Indian Wells. “City Facility” means any building, park, or other site located within the corporate limits of the City, owned, leased, or used regularly and significantly by City personnel of the City. “Collection” means the operation of gathering together and transporting refuse to the point of disposal. “Commercial Establishment” means any organization, private or civil, of any number of persons or objects that provides goods or services to the City or its inhabitants, such as hotels, motels, offices and professional buildings, and retail establishments of all kinds, including supermarkets, filling stations, department and variety stores. “Contractor” or “City Contractor” means the person or persons entering into a contract with the City for the collection and disposal of refuse. “County” means the County of Riverside. “Disposal” means the complete operation of treating and disposing of the accumulations of refuse and of the product or residue arising from such treatment. “Garbage” means food wastes or trimmings from restaurants, markets, or residences. It shall also include restaurants’ swill, offal from any slaughter pen or butcher shop, and dead animal carcasses. “Green waste” means all forms of biodegradable plant material, including but not limited to tree trunks and logs that have been clipped, tree trimmings, and grass clippings. “Hazardous Waste Material” means those materials which may not, by law, be disposed of at a Class II disposal site. A list and description of hazardous waste material shall be maintained on file at the City Hall for inspection by the general public. “Health Officer” means the County Health Officer if the City is under contract with the County to provide health services, or the City Health Officer if the City is not under contract and has its own full time City employee as a Health Officer. “Industrial Establishments” means any organization, private or civic, of any number of persons or objects that manufactures, assembles, combines, grows, harvests, converts, stores, or refines any product, substance, liquid element, material or energy source of any type. “Recycling” means the process of collecting and turning used projects, including but not limited to, newspapers, plastic, cans, corrugated cardboard, bottles, and green waste into new products by reprocessing or remanufacturing them. “Refuse” is the inclusive term for all garbage, rubbish, trash, and solid or liquid wastes, excepting sewage and hazardous waste, which originates from normal household, business, commercial, and industrial activity. “Residence” means any structure or space provided for or used for the inhabitation or occupancy of people and/or their belongings on a permanent, temporary, or transient basis and shall also include recreational areas. “Rubbish” means non-putrescible solid wastes consisting of both combustible and noncombustible wastes which originally accumulate in the operation of household, business, commercial, and industrial activities. “Rubbish” shall not include waste material from major demolition or construction, but does include normal waste material from home and building repair and remodeling. “Rubbish” shall not be deemed to include earth, sod, rock, concrete, trees or parts thereof, or major wastes resulting from manufacturing processes. “Scavenge” means to remove without authorization any recyclable materials, including, but not limited to, newsprint, corrugated cardboard, plastic, bottles, or metal, which are placed within the vicinity of any curb, collection point, or refuse bin for collection purposes. “Solid Waste” means the usual customary types of household and commerc ial garbage, trash and refuse such as wastes from the preparation and cooking of foods, waste food, waste paper, cloth, containers such as bottles, tin cans, cartons and crates; material such as wood, plastic, rubber, metal, glass, grass, tree and plant tr immings and other refuse items Page | 55 customarily deposited by City residences, commercial and industrial establishments, homeowners, occupants, contractors, builders and visitors, in collection containers or areas for pickup and disposal by themselves or others. The following materials are excluded: 1. wastes consisting primarily of earth and earth materials; 2. liquid wastes; 3. special wastes such as chemicals, oils, or materials of any poisonous, hazardous or explosive nature. “Trash” means tree stumps, roofing materials, plaster, concrete, or other substances that may accumulate as a result of repairs or construction to land or buildings or as a result of initial clearing of lots or as a result of building operations . (Ord. 297 §§ 1-2, 1992; Ord. 284 § 2, 1991) 8.04.020 Owner’s responsibility for removal of refuse. A. Residential Owner. Every person in charge of residence or residences, whether single -family or multiple family, shall make arrangements with the City’s Contractor to have removed, not less than once a week, from the property upon which the residence or residences are located, all refuse created or produced or brought upon the premises. B. Commercial Owner. Every person in charge of a commercial or industrial building shall not less than twice a week cause to be removed from the property upon which the building is located by the City’s Contractor all refuse created or produced or brought upon the premises; provided, however, that upon written approval of the Health Officer, refuse created, produced or brought upon the premises of an industrial or commercial building may be removed not less than once a week. This latter provision, however, will not apply to food handling establishments from which refuse shall be caused to be removed not less than twice a week. Those food handling establishments having a self contained compactor may, with the written approval of the supervising sanitarian, Department of Health, have thei r refuse removed once a week. This approval will be on a case by case basis. (Ord. 284 § 2, 1991) 8.32.020 Violations and penalties. A. Public Nuisance Declaration. Any violation of the provisions of this Chapter is hereby deemed to be a public nuisance and may be abated by the Health Officer irrespective of any other remedy herein provided. B. Violations. Violation of any of the provisions of this Chapter, by any person, firm, partnership, association, or corporation, whether holding a permit or not, or by any customer, owner, occupant or agent, of a customer or user of waste services, constitutes an infraction or misdemeanor as hereinafter specified. Such person or entity shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or takes place. C. Penalties. Any person convicted shall be: (i) guilty of an infraction offense and punished by a fine not exceeding one- hundred dollars ($100.00) for the first violation; (ii) guilty of an infraction offense and punished by a fine not exceeding two-hundred dollars ($200.00) for a second violation within two (2) years of the first violation and perpetrated by the same person; guilty of a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1.000.00) or six (6) months in jail, or both, for the third and any additional violations perpetrated by the same person. D. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty shall not relieve a person from the responsibility for correcting the violation at his own expense. (Ord. 306 § 2, 1992) Page | 56 City of La Quinta Chapter 10.04 – Definitions 10.04.030 Animal control officer—Health officer. “Health officer” means the health officer of the city or county or such person or persons as are duly authorized by law to perform local health officer duties within the city. Chapter 10.16 – Biting 10.16.010 Biting animals and rabid animals —Quarantine orders. Whenever it is shown that any animal has bitten any person or animal, or exhibits evidence of rabies, no owner or person having custody or possession thereof, upon order of the animal control officer or of the county health officer, shall fail, refuse, or neglect to quarantine the animal and keep it restrained or confined for a minimum period of ten days, or shall fail, refuse, or neglect to allow the animal control officer or the health officer or their deputies to make an inspection or examination thereof at any time during such period. No such animal shall be removed or released during the quarantine period without the written permission of the animal control officer or the health officer or their deputies. 10.16.040 Bitten animals—When to be quarantined. Whenever any animal is bitten by another animal having or suspected of having rabies, or a bitten animal shows any symptoms of rabies, the owner or person having possession of the bitten animal shall immediately notify an animal control officer or the health officer and confine the animal, away from other animals, until it is established to the satisfaction of the animal control officer or the health officer that it does not have rabies. 10.16.050 Disposition of animals appearing to have rabies. If upon observation the animal control officer or the health officer determines that any animal has rabies, he or she may after providing notice to the owner, if known, humanely euthanize the animal forthwith, or hold the animal for further examination for such time as he or she may consider advisable. 10.16.060 Rabies epidemics—Authority of health officer. Whenever the county health officer (or any other person exercising the duties of health officer for the city) determines that an epidemic of rabies exists or is threatened, he or she shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quarantine for a period of not more than one hundred twenty days against any or all animals in any area of the city as he or she may determine and define. An additional or extended quarantine period may also be declared if it is deemed necessary by the health officer. Chapter 10.28 – Offenses 10.28.070 Public nuisance. The introduction, ownership, possession or maintenance of any animal or the allowing of any animal to be in contravention to this title is, in addition to being a violation of the applicable section, declared to be a public nuisance. The city manager or designee, the animal control officer, the county health officer, and peace officers are authorized, directed and empowered to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof by any means reasonably necessary including, but not limited to, the humane euthanization of the animal or animals involved when appropriate or by the imposition of specific reasonable conditions and restrictions for the maintenance of the animal. Page | 57 Full Text of Municipal Code 10.04.030 Animal control officer—Health officer. A. “Animal control officer” means all persons designated by the city as an animal control officer or such other person(s) designated by the city as deputies or as the animal control officer has designated to perform the duties of the position, or such person with whom the city has contracted to perform such duties, or such person who is otherwise obligated by law to perform such duties. B. “Health officer” means the health officer of the city or county or such person or persons as are duly authorized by law to perform local health officer duties within the city. (Ord. 530 § 1, 2015; Ord. 415 § 1, 2005) 10.16.010 Biting animals and rabid animals —Quarantine orders. Whenever it is shown that any animal has bitten any person or animal, or exhibits evidence of rabies, no owner or person having custody or possession thereof, upon order of the animal control officer or of the county health officer (or any other person exercising the duties of health officer fo r the city) or their deputies, shall fail, refuse, or neglect to quarantine the animal and keep it restrained or confined for a minimum period of ten days, or shall fail, refuse, or neglect to allow the animal control officer or the health officer or their deputies to make an inspection or examination thereof at any time during such period. No such animal shall be removed or released during the quarantine period without the written permission of the animal control officer or the health officer or their deputies. Unless otherwise specified by the animal control officer or the health officer, the animals shall be confined in a pound or shelter or a veterinary hospital at owner’s expense. All provisions found in Section 10.16.040 shall pertain to this section. (Ord. 530 § 3, 2015; Ord. 415 § 1, 2005) 10.16.040 Bitten animals—When to be quarantined. A. Whenever any animal is bitten by another animal having or suspected of having rabies, or a bitten animal shows any symptoms of rabies, the owner or person having possession of the bitten animal shall immediately notify an animal control officer or the health officer and confine the animal, away from other animals, until it is established to the satisfaction of the animal control officer or the health officer that it does not have rabies. The animal control officer shall inspect the animal at the beginning of quarantine and at the end of quarantine prior to release. B. If the animal control officer determines that exigent circumstances exist that require swift action to save life, property or evidence of unlawful action, the animal control officer shall have the authority to enter onto any private property where the animal is kept or where it has strayed, to inspect and, if necessary, to seize and impound any animal suspected of being rabid. C. The period of quarantine shall be not less than ten days for dogs or cats and not less than fourteen days for other animals. The animal control officer shall have the authority to quarantine any such animal at the owner’s residence, or impound the animal at the owner’s expense. Any animal found to be in violation of home quarantine order may be impounded and placed on quarantine at the animal shelter if the owner or person having control thereof fails to confine the animal or in case the owner or person having possession thereof is not readily accessible. (Ord. 530 § 3, 2015; Ord. 415 § 1, 2005) 10.16.050 Disposition of animals appearing to have rabies. A. If upon observation the animal control officer or the health officer determines that any animal has rabies, he or she may after providing notice to the owner, if known, humanely euthanize the animal forthwith, or hold the animal for further examination for such time as he or she may consider advisable. B. Unless otherwise authorized by state or federal law, no person other than the animal control officer or a peace officer shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting any person or another animal, unless that person kills the animal in self-defense or in the defense of others. No person shall remove a rabid animal or animal suspected of having been exposed to rabies fr om the city without written permission from the animal control officer. This section shall not apply to a veterinarian or his or her assistant(s) preparing an animal suspected of rabies for an FRA rabies test. Results of such tests shall be reported to the animal control department by the veterinarian or his or her assistant(s). (Ord. 530 § 3, 2015; Ord. 415 § 1, 2005) 10.16.060 Rabies epidemics—Authority of health officer. Whenever the county health officer (or any other person exercising the duties of health officer for the city) determines that an epidemic of rabies exists or is threatened, he or she shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quarantine for a period of not more than one hundred twenty days against any or all animals in any area of the city as he or she may determine and define. An additional or extended quarantine period may also be declared if it is deemed necessary by the health officer for the protection and preservation of the public health, peace, and safety. Subject to any restriction set out in this section, quarantine declared under the provisions of this section shall be upon conditions that the health officer determines and declares to be appropriate, consistent with state and federal law. (Ord. 530 § 3, 2015; Ord. 415 § 1, 2005) Page | 58 10.28.070 Public nuisance. A. The introduction, ownership, possession or maintenance of any animal or the allowing of any animal to be in contravention to this title is, in addition to being a violation of the applicable section, declared to be a public nuisance. The city manager or designee, the animal control officer, the county health officer, and peace officers are authorized, directed and empowered to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof by any means reasonably necessary including, but not limited to, the humane euthanization of the animal or animals involved when appropriate or by t he imposition of specific reasonable conditions and restrictions for the maintenance of the animal. B. Any person who fails to comply with any conditions and restrictions imposed pursuant to this section shall be guilty of a misdemeanor. The owner shall reimburse the city for all costs incurred in verifying compliance and enforcing the provisions of this section. The city may also commence proceeding in accordance with the provisions of Chapter 11.72 of this code relative to abatement procedures for public nuisances. C. Any person violating the provisions of this chapter shall reimburse the city for any and all costs incurred by the city in responding to, investigating, assessing, monitoring, treating, cleaning, removing, or remediating any action taken or condition caused in violation of this chapter. Such costs to be paid to the city shall include all administrative expenses and all legal expenses, including costs and attorney’s fees in obtaining compliance and in litigation, including all costs and attorney’s fees on any appeal. The costs to be recovered pursuant this section shall be recoverable from any and all persons violating this chapter. (Ord. 530 § 6, 2015; Ord. 415 § 1, 2005) Page | 59 City of Lake Elsinore Chapter 5.20 – Massage Technicians and Massage Establishments 5.20.100 Health certificate. Before issuing or renewing a certificate of registration, the Police Chief shall submit the name and address of the applicant to the County Health Officer. The Police Chief shall not issue a certificate until adv ised that the applicant has been examined by the County Health Officer or his or her private physician and has be found to be free of any contagious or communicable disease as defined in this chapter. Chapter 5.36 – Ambulance Services 5.36.010 Definitions. “Health Officer” means the Riverside County Health Officer acting as the City Health Officer. Chapter 5.88 – Outdoor Festivals 5.88.050 License – Application – Hearing. After the City Clerk receives a complete application and the fee, the clerk must inform the Chief of Police, the County Health Officer, the City Manager, the Planning Director, and the Director of Building and Safety, a notice of hearing and copies of the application to investigate the application and report in writing their recommendations. 5.88.100 Water facilities. A. Location of the water facilities on the premises must be approved by the Health Officer prior to issuance of a license. B. Public and private flush-type water closets, lavatories and drinking facilities shall be required as determined by the County Health Officer. Sewage and drainage systems relating to such facilities shall meet the requirements of the Health and Safety Code, and be subject to the prior approval of the County Health Officer and County Building Official. 5.88.110 Food concessions. B. Unless approved by the Health Officer, every licensee shall provide at least one flush-type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation. C. Under no circumstances shall the Health Officer allow such flush -type water closets and lavatories to be located more than 50 feet from the food concession or operation. All sewage, sink waste and wastewater from water closets, lavatories, sinks operated in connection with food concessions or food operations shall be disposed of to a public sewer or sewage disposal system approved by the County Health Officer and County Building Official. 5.88.120 Sanitation facilities. C. If necessary, chemical toilets must meet the approval of the County Health Officer before any license may be issued. Chemical toilets shall be emptied and recharged at the licensee’s expense as necessary. The pickup and removal of refuse, trash, garbage and rubbish shall be at least once a day and more often if required by the Health Officer. D. A signed contract with a licensed refuse collector shall be submitted to the County Health Officer and a copy of same filed with the Health Officer. 5.88.130 Medical facilities. The location of emergency treatment facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff the facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the County Health Officer. In addition, the County Health Officer shall calculate the need for medical services based on the number of persons expected to att end a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. 5.88.180 Overnight camping facilities. The County Health Officer and County Building Official must approve the location and facilities if persons who attend the festival are allowed to remain on the premises overnight. Chapter 6.04 – Animals and Animal Control Officers 6.04.040 Vaccination requirements. After vaccinating any dog, the licensed veterinarian shal l sign a certificate in duplicate in the form r equired by the Health Officer. Page | 60 Chapter 8.04 – Well Construction 8.24.020 Report – When required. Any person, firm, corporation or association of persons hereafter drilling, digging, excavating or boring a water well shall file with the City and with the Health Officer of Riverside County, a report of such water well within 30 days after its construction has been completed or abandoned. 8.24.030 Report – Contents. The construction of every well shall be such that it is watertight from a point above the ground surface to such a depth as is necessary to exclude contamination. This report shall set forth such information as the City and the Health Officer of the County may require, including, but not limited to: A. Description of the exact location of the well; B. Detailed log of the well; C. Description of type of construction; D. Methods of perforation; E. Methods used for sealing off surface or contaminated waters, and depth to which it is sealed off; and F. Such other information as may be required, by the City and Health Officer of the County. Chapter 16.08 – Definitions 16.08.030 C definitions. “County Health Officer” means the Health Officer of Riverside County. Page | 61 Full Text of Municipal Code 5.20.100 Health certificate. A. Before issuing or renewing a certificate of registration, the Police Chief shall submit the name and address of the applicant to the County Health Officer and shall advise the applicant that he or she must report for examination or, alternatively, the applicant may report to a private medical doctor duly licensed to practice medicine in the State of California for examination. The Police Chief shall not issue a certificate until advised that the applicant has been examined by the County Health Officer or his or her private physician and has been found to be free of any contagious or communicable disease as defined in this chapter. B. In addition to the above requirements, upon submission of an initial application for a certificate of registration or upon annual renewal thereafter, the applicant shall submit to the Police Chief a certificate from a medical doctor stating that the applicant has, within 15 days immediately prior thereto, been examined and found to be free of a ny contagious or communicable disease as defined in this chapter; and if said applicant is not so found free of any contagious or communicable disease, his or her certificate of registration shall be revoked by the Police Chief. Failure to provide such health certificate shall result in revocation of certificate of registration held by applicant. C. For purposes of this chapter, “contagious and communicable diseases” shall include tuberculosis and hepatitis A, B and C. D. Notwithstanding the above, if a person with a communicable disease wishes to be considered for licensing by the City, such individual must provide a report from an appropriate medical specialist concluding that, based upon a recent physical and review of medical records, allowing such individual to practice massage therapy would not interfere with the individual’s treatment or health and that the individual’s practice of massage therapy would not create a risk to patients, including patients with compromised immune systems. The report shall includ e any precautions recommended by the medical specialist. E. The report or certification of an appropriate medical specialist must provide a description of his or her specialty and practice and including a detailed description of the physical and medical history he or she conducted, including the results of any tests for such individual. [Ord. 1222 § 1, 2007. Code 1987 § 5.18.100]. 5.36.010 Definitions. As used in this chapter, the following definitions apply, unless otherwise specified: “Ambulance” means any privately owned motor vehicle that is specially designed or constructed and equipped, and is intended to be used for and is maintained or operated for the emergency and nonemergency transportation of patients, including dual purpose funeral coaches or hearses which otherwise comply with the provisions of this chapter. “Ambulance operator” means any person engaged in the business of carrying or transporting patients by means of an ambulance. “Attendant” means a trained and/or qualified person responsible for the operation of an ambulance and the care of the patients whether or not the attendant also serves as driver. “Attendant-driver” means a person who is qualified as an attendant and a driver. “Health Officer” means the Riverside County Health Officer acting as the City Health Officer. “Patient” means a person who is sick, injured, wounded, or otherwise incapacitated or helpless. [Ord. 1001 § 10, 1995. Code 1987 § 5.24.010]. 5.88.050 License – Application – Hearing. Upon receipt of a complete application and the application fee, the City Clerk shall set the application for public hearing at a regular meeting of the City Council, not less than 15 days nor more than 30 days thereafter, and shall give not less than 10 days’ written notice thereof to the applicant. The City Clerk shall promptly give notice of hearing and copies of the application to the Chief of Police, the County Health Officer, the City Manager, the Planning Director, and the Director of Building and Safety, who shall investigate the application and report in writing to the City Council not later than the hearing, with appropriate recommendations related to their official functions, as to granting a license and conditions thereof. [Ord. 481 § 5, 1970. Code 1987 § 5.60.050]. 5.88.100 Water facilities. A. Every licensee shall provide from a water surveyor operating under a permit, as required under Section 4011 of the State Health and Safety Code, an ample supply of potable water for drinking and sanitation purposes on the premises of the festival. Location of water facilities on the premises must be approved by the Health Officer prior to issuance of a license. B. The minimum supply of water to an outdoor festival is 15 gallons of water for each person in attendance per day. All water shall meet U.S. Public Health Service standards. Public and private flush-type water closets, lavatories and drinking facilities shall be required as determined by the County Health Officer. Sewage and drainage systems relating to such facilities shall meet the requirements of the Health and Safety Code, and be subject to the prior approval of the County Health Officer and County Building Official. [Ord. 481 § 8(b), 1970. Code 1987 § 5.60.100]. Page | 62 5.88.110 Food concessions. A. Where the proposed festival is to be held a substantial distance from public eating places, food-handling places or like establishments, the applicant shall be required to demonstrate that food will be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance. B. Concessions must be licensed and operate under valid Health Department permit pursuant to local ordinances and State laws. Every licensee shall provide at least one flush-type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation unless otherwise approved by the Health Officer. C. Under no circumstances shall the Health Officer allow such flush-type water closets and lavatories to be located more than 50 feet from the food concession or operation. All lavatories required in conjunction with food concessions and food operations shall be dispensed by an approved-type mixing faucet. All sewage, sink waste and wastewater from water closets, lavatories, sinks operated in connection with food concessions or food operations shall be disposed of to a public sewer or a sewage disposal system approved by the County Health Officer and County Building Official. [Ord. 481 § 8(c), 1970. Code 1987 § 5.60.110]. 5.88.120 Sanitation facilities. A. Every licensee shall provide at least one enclosed flush-type water closet facility marked “men” and one such facility marked “women” on the premises of a festival on the basis of one flush -type water closet for each 40 males and one for each 40 females expected to be in attendance. Urinals may be substituted for the required flush -type water closets for men on the ratio of one urinal and one flush-type water closet per 60 males. B. Lavatories provided with cold water under pressure, soap and paper towels shall be provided on the basis of one lavatory for each 75 persons expected to be in attendance. C. Where flush-type water closets cannot be made available for the persons in attendance, the City Council may allow the use of portable chemical toilets. Such chemical toilets must meet the approval of the County Health Officer before any license may be issued. Chemical toilets shall be emptied and recharged at the licensee’s expense as necessary pursuant to procedures established by the County Health Officer. The requirement for flush-type water closets for food concessions, food operations and for the use of employees may not be waived. Every licensee shall be required to furnish at least one trash can with 36-gallon capacity with a tight-fitting lid for each 25 persons expected to be in attendance, an adequate supply of plastic bag liners to fit the trash receptacles shall be provided and each container shall at all times have a plastic bag liner inserted and when full it shall be tied, removed and a new plastic bag liner inserted. The pickup and removal of refuse, trash, garbage and rubbish shall be at least once a day and more often if required by the Health Officer. D. A signed contract with a licensed refuse collector shall be s ubmitted to the County Health Officer and a copy of same filed with the Health Officer. Removal of all trash and refuse shall be at the licensee’s expense. [Ord. 481 § 8(d), 1970. Code 1987 § 5.60.120]. 5.88.130 Medical facilities. A. Where a proposed festival is expected to attract a large number of persons for a site located a substantial distance from adequate existing treatment facilities, the applicant shall be required to provide emergency medical treatment facilities on the premises of the festival. B. Where the proposed festival is located close to adequate existing facilities, the applicant shall provide, as required by the Health Officer, emergency treatment facilities on the premises of the festival. C. The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff said facilities and the quality of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the County Health Officer prior to the issuance of any license under this chapter. D. The County Health Officer shall calculate the need for medical services based on the number of persons expected to attend a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients, or staff to appropriate on-site and off-site treatment facilities. [Ord. 481 § 8(e), 1970. Code 1987 § 5.60.130]. 5.88.180 Overnight camping facilities. Every licensee authorized to allow persons who attend the festival to remain on the premises overnight shall provide camping facilities and overnight areas that meet the requirements of the California Administrative Code, Title 25, for mobile home parks, special occupancy trailer parks and campgrounds including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps. Such areas and facilities shall be approved by the County Health Officer and County Building Official prior to the issuance of any license. [Ord. 481 § 8(j), 1970. Code 1987 § 5.60.180]. Page | 63 6.04.040 Vaccination requirements. A. At the time of payment of the fee for a dog or cat license, the applicant therefor shall deliver to the Animal Control Agency or their designee a certificate of vaccination, signed by a veterinarian licensed to practice as such in the State, certifying that he vaccinated the dog or cat for which a license is sought with rabies vaccine, one injection or approved method, within a period of 12 months, and giving the date of such one injection or approved method, within a period of 12 months, and giving the date of such vaccination, the brand or type of each dog or cat and the name of the owner of said dog or cat. B. Each veterinarian after vaccinating any dog or cat shall sign a certificate of vaccination in duplicate in the form required by the Health Officer. The veterinarian shall keep one copy, shall give one copy to the owner of the vaccinated dog or cat and shall send one copy to the Animal Control Agency. The owner shall retain his or her copy of the certificate in a safe place for so long as he or she shall continue to own the dog or cat or until such time as the dog or cat is vaccinated again, at which time the new certificate shall be retained as above indicated. [Ord. 1003 § 2, 1996]. 8.24.020 Report – When required. Any person, firm, corporation or association of persons hereafter drilling, digging, excavating or boring a water well shall file with the City and with the Health Officer of Riverside County, a report of such water well within 30 days after its construction has been completed or abandoned. [Amended 1987; Ord. 397 § 2, 1961]. 8.24.030 Report – Contents. The construction of every well shall be such that it is watertight from a point above the ground surface to such a depth as is necessary to exclude contamination. This report shall set forth suc h information as the City and the Health Officer of the County may require, including, but not limited to: A. Description of the exact location of the well; B. Detailed log of the well; C. Description of type of construction; D. Methods of perforation; E. Methods used for sealing off surface or contaminated waters, and depth to which it is sealed off; and F. Such other information as may be required, by the City and Health Officer of the County. [Amended 1987; Ord. 397 § 3, 1961]. 16.08.030 C definitions. “City Council” means the City Council of the City of Lake Elsinore. “City Engineer” means the engineer or his representative, as designated by the City Council, to discharge for the City of Lake Elsinore those duties prescribed hereinafter to be performed by the City Engineer. “City standards” refers to specific and general plans, ordinances, standard streets and highway plans, standard streets and highway specifications, water standard plans, water specifications, sewer standard plans, sewer specifications, and all other ordinances, standards, plans and specifications setting standards of the City as adopted by the City Council. “Collector street” means a street which is intended to serve extensive residential land use, multiple-family dwellings, or to convey traffic through a subdivision to roads of equal capacity or greater. “County Health Officer” means the Health Officer of Riverside County. “County Recorder” means the Recorder for Riverside County. “County Surveyor” means the County Surveyor for Riverside County. “Cul-de-sac street” means a street having access at only one end and with special construction provided at the other end for adequate turning radius for vehicular traffic. The further extension of such street is precluded by the subdivision design. [Ord. 529 §§ 2.9 – 2.17, 1973. Code 1987 § 16.08.080 – 16.08.150]. Page | 64 City of Moreno Valley Chapter 9.14 – Land Divisions 9.14.040 Tentative maps—Information required. A written statement from the health officer stating that a water purveyor under permit has agreed in writing to serve all lots in land division and a written statement from the health officer stating the type of sewage disposal that will be permitted must accompany a tentative map. A written statement from the health officer stating the type of sewage disposal and water supply that will be permitted shall be submitted for all commercial and industrial parcel maps and accompany the tentative map. Chapter 9.15 – Definitions 9.15.030 Definitions. “Health officer” means the health officer of Riverside County. Page | 65 Full Text of Municipal Code 9.14.040 Tentative maps—Information required. A. Tentative Subdivision Maps. 2. Reports and written statements on the following matters shall accompany the tentative map: a. Proposed method of control of storm water, including data as to amount of runoff, and the approximate grade and dimensions of the proposed facilities; b. A written statement (Land Division Form SAN 53) from the health officer stating that a water purveyor under permit has agreed in writing to serve all lots in the land division; and c. A written statement (Land Division Form SAN 53) from the health officer stating the type of sewage disposal that will be permitted. To aid in this determination a sewer feasibility letter or a sewage disposal feasibility report and regional water quality control board clearance or other pertinent information shall be required. 2. Reports and written statements on the following matters shall accompany the tentative map: a. Proposed method of control of storm water, including data as to amount of runoff, and the approximate grade and dimensions of the proposed facilities; b. A written statement (Form SAN 53) from the health officer, stating the type of sewage disposal and water supply that will be permitted shall be submitted for all commercial and industrial parcel maps. (Ord. 694 § 1.1, 2005; Ord. 475 § 1.4, 1995; Ord. 386 §§ 1.23, 1.24, 1993; Ord. 359, 1992)9.14.040 9.15.030 Definitions. “City” means the city of Moreno Valley. “City council” means the city council of the city of Moreno Valley. “Flood control engineer” means the person as determined by the area in which a land division is located, as follows: 1. Within the boundaries of the Riverside County flood control and water conservation district, it means the chief engineer of that district. 2. In other instances, it means the city engineer or designee. “Health officer” means the health officer of Riverside County. “Height” means a vertical dimension measured from existing grade unless otherwise specified. “Recorder” means the recorder of Riverside County. (Ord. 917 § 6, 2016; Ord. 912 §§ 6, 18, 2016; Ord. 894 § 5, 2015; Ord. 869 §§ 3.1, 3.4, 3.7, 2013; Ord. 864 § 3.3, 2013; Ord. 851 § 1.3, 2012; Ord. 810 § 3.5, 2010; Ord. 759 § 5.2, 2007; Ord. 757 §§ 2.1, 2.1.3, 2008; Ord. 698 § 3.1(f), 2005; Ord. 694 § 1.1, 2005; Ord. 633 § 2, 2003; Ord. 613 § 4, 2002; Ord. 590 § 2, 2001; Ord. 560 § 2.2, 2000; Ord. 545 § 2.5, 1998; Ord. 513 § 1.3, 1997; Ord. 488 §§ 1.4, 1.14, 1996; Ord. 475 § 1.4, 1995; Ord. 428 § 1.3, 1994; Ord. 406 § 1.2, 1993; Ord. 405 § 1.3, 1993; Ord. 398 §§ 1.7, 1.10, 1993; Ord. 359, 1992) Page | 66 City of Murrieta Chapter 16.70 – Temporary Use Permits 16.70.030 Allowed Temporary Uses. For special outdoor events, related issues including fire protection, food and water supply, medical services, noise, police/security, sanitation facilities, signs, traffic control, and use of tents and canopies shall be addressed to the satisfaction of the director, director of public works, police department, fire protection district, or health officer in their administration of other city codes. Other city codes may require the applicant to obtain additional permits (e.g., building, electrical, health, and tent permits). Page | 67 Full Text of Municipal Code 16.70.030 Allowed Temporary Uses. An application for a temporary use permit shall be required for the following activities and shall be subject to conditions identified in Section 16.70.060, below and other additional conditions as may be imposed by the director. G. Special Outdoor Events. Special outdoor events including carnivals, circuses, fairs, parades, rodeos, and large athletic, religious, or entertainment events. The uses shall be subject to the following guidelines and conditions: 1. All uses shall be limited to not more than fifteen (15) days, or more than three weekends, of operation in any one hundred eighty- (180-) day period. To exceed this time limitation shall require the approval of a conditional use permit, in compliance with Chapter 16.52; 2. Activities conducted on property owned by or leased to the city and public rights -of-way may also re-quire the approval of an encroachment permit issued by the engineering department; 3. The director may require a cash bond or other guarantee for removal of the temporary use, cleanup and restoration of the activity site within seven days of the conclusion of the approved activity; 4. Related issues including fire protection, food and water supply, medical services, noise, police/security, sanitation facilities, signs, traffic control, and use of tents and canopies shall be addressed to the satisfaction of the director, director of public works, police department, fire protection district, or health officer in their administration of other city codes. Other city codes may require the applicant to obtain additional permits (e.g., building, electrical, health, and tent permits); and 5. The director or any other responsible city department head may impose other conditions on the temporary use to ensure that the use is operated in a manner which would be compatible with the surrounding uses and neighborhoods; and (Ord. 430-10 § 10, 2010; Ord. 412 § 2, 2008; Ord. 367 § 5, 2006; Ord. 269 § 2 (part), 2002; Ord. 182 § 2 (part), 1997) Page | 68 City of Norco Chapter 5.44 – Outdoor Festivals 5.44.040 License--Application--Public hearing. After a complete application is turned in, the city clerk shall give copies to the sheriff, the county health officer and the city manager, who shall investigate the application and report to the city council with their recommendations. Chapter 6.56 – Cleaning Cesspools 6.56.040 License fees--Renewal--Tags. Before issuing the license, there will be a fee paid to the health officer. The health officer shall provide a metal license tag for each truck operated by the licensee. 6.56.050 Methods of cleaning. If a permit is secured from an authorized official and exhibited to the health officer then the waste can be disposed into a sewer system. 6.56.060 Monthly reports by licensee. After each month, the licensee shall mail or deliver a report to the health officer on forms supplied by the health department. 6.56.070 Equipment specifications. All vehicles and equipment must be kept clean. The water used to clean hoses and equipment must be discharged into an approved sewage disposal system or on a site approved by the health officer. 6.56.090 Revocation of license. The health officer can revoke any license for cause on ten days notice to the licensee. Chapter 6.64 – Food Handlers 6.64.020 Definitions. “Health officer” means the health officer of the county of Riverside, or his designated representative. 6.64.050 Food worker’s certificate--Application. If a health certificate is required, it must be filed with the health officer of the county of Riverside. In addition to the application, there must be a certificate of health showing that the applicant is free of active communicable tuberculosis. 6.64.060 Food worker’s certificate--Qualifications. An examination to prove knowledge set forth in the Food Worker’s manual will be conducted by the health officer. 6.64.070 Food worker’s certificate--Issuance. The certificate must have the certificate number, name, home address, expiration date and attesting signature. The certificate will expire one year after it was issues. A temporary certificate may be issued when a person’s health requires further investigation. 6.64.080 Food worker’s certificate--Duplicate. If necessary, the health officer can produce a duplicate certificate for a fee of one dollar. 6.64.090 Food worker’s certificate--Revocation. The health officer can revoke the certificate. 6.64.100 Food worker’s certificate--Appeal. If their application is denied or revokes by the health officer, then they can appeal the decision by filing with the clerk of the board of supervisors within ten days. Chapter 6.80 – Swimming Pools and Bathhouses 6.80.020 Permit requirement--Fees. A public or semipublic swimming pool or bathhouse cannot be operated without obtaining a permit from the health officer. 6.80.030 Closing pool or bathhouse. The health officer will close any public or semipublic swimming pool or bathhouse that is operating without a permit, or in violation of the sanitation, safety and cleanliness requirements. It shall not be reopened until inspected and determined by the health officer to be meeting these requirements. A daily record of operation of the pool shall be kept by the owner or operator on forms supplied by the health officer. At the end of each month, the records shall be transmitted to the health officer. Page | 69 6.80.040 Plans to construct pool or bathhouse--Submission to health officer. If there are plans to construct a public or semipublic swimming pool or bathhouse, then the plans must be submitted to the health officer for his approval. Chapter 9.80 – Licensure of Tobacco Retailers 9.80.020 Definitions “Department” shall mean: County Health Officer or his or her designee. 9.80.040 License Issuance, Standards After the application is received and the fee is paid, the Department shall issue a license unless there is substantial record evidence that demonstrates bases for denial exists. 9.80.080 License Violation Compliance shall be monitored by the Department. The Department shall check the compliance of each Tobacco Retailer at least three times a year. The Department can check the compliance of retailers previously found to be in compliance a fewer number of times so that the Department may check the compliance of retailers previously found in violation a greater number of times. 9.80.090 Revocation of License A Tobacco Retailer’s license shall be revokes if the Department finds that one or more of the bases for denial of a license existed at the time application was made or at any time before the license was issued. Chapter 17.08 – Definitions 17.08.150 County health officer. “County health officer” means the health officer of Riverside County. Page | 70 Full Text of Municipal Code 5.44.040 License--Application--Public hearing. Upon receipt of a complete application and the application fee, the city clerk shall set the application for public hearing at a regular meeting of the city council, not less than fifteen nor more t han thirty days thereafter, and shall give not less than ten days’ written notice thereof to the applicant. He shall promptly give notice of the hearing and copies of the application to the sheriff, the county health officer, and the city manager, who shall investigate the application and report in writing to the city council not later than the hearing, with appropriate recommendations related to their official functions, as to the granting of a license and conditions thereon. (Ord. 379 4, 1976) 6.56.040 License fees--Renewal--Tags. Prior to the issuance of a license there shall be paid to the heath officer a fee of fifty dollars and five dollars per truck after the first two trucks. All licenses shall be issued on a calendar year basis, a nd a license issued for less than one year shall be calculated on a monthly pro rata basis. If an application for a license or license renewal is made more than thirty days after the date of such is required, the applicant shall pay an additional fee of twenty-five dollars. The health officer shall provide a metal license tag for each truck operated by the licensee, which shall be securely fastened on each truck by the licensee so as to be clearly visible from the rear. A one dollar replacement fee shall be charged for a lost license tag. (Ord. 8 Sec. 2 (County Ord. 472 Sec. 4), 1964) 6.56.050 Methods of cleaning. The cleanings of septic tanks, chemical toilets, cesspools and sewage seepage pits shall be disposed of only by the following methods: 1. Immediate burial in pits or covered cesspools; 2. By disposal into a sewer system, if a permit is secured from an authorized official and exhibited to the health officer; 3. On privately owned land if written consent of the property owner is obtained and the site is approved by the building inspector. (Ord. 8 Sec. 2 (County Ord. 472 Sec. 5), 1964) 6.56.060 Monthly reports by licensee. Every licensee shall mail or deliver a report to the health officer at the end of each calendar month on forms supplied by the health department. The report shall be in the English language in a clear and legible manner and shall list all septic tanks, cesspools, chemical toilets or sewage seepage pits pumped or cleaned by the licensee. The report shall state the date, the physical location of the property, and the name of the owner or tenant. It sha ll also state the site and method of disposal of the cleanings, and give the name of the person by whom disposal was made. (Ord. 8 Sec. 2 (County Ord. 472 Sec. 6), 1964) 6.56.070 Equipment specifications. All equipment shall meet the following specifications: 1. The minimum liquid capacity of any tank used for the purpose of transporting sewage shall be five hundred gallons. It shall have a reliable gauge or sight glass to indicate actual liquid level; shall be water -tight and have water-tight covers on the manholes. The capacity of the tank and the name and address of the licensee shall be conspicuously printed in three-inch letters on each side of the tank; 2. All discharge valves or gates shall be operated from the valve or gate itself and not from the driver’s seat or by remote control. They shall discharge through a hose line or hose to the point of final discharge without spilling or splashing, and shall shut tightly without difficulty; 3. All pumps shall be leakproof, and all hoses used for pumping or cleaning sewage disposal syst ems shall be furnished by the licensee; 4. All vehicles and equipment shall be kept clean, and the outside of the tank shall be kept free of splashings and sludge accumulation. All water used in cleaning hoses and equipment shall be discharged into an approve d sewage disposal system or on a site approved by the health officer. (Ord. 8 Sec. 2 (County Ord. 472 Sec. 7), 1964) 6.56.090 Revocation of license. Any license issued under this chapter may be revoked by the health officer for cause on ten days notice to the licensee, which notice shall be served by registered mail or in person at the last place of residence reported by the licensee. (Ord. 8 Sec. 2 (County Ord. 472 Sec. 9), 1964) 6.64.020 Definitions. As used in this chapter, the following words and phrases shall have the following meanings: A. “Food worker’s certificate” means a statement issued by the health officer certifying that a person has satisfactorily demonstrated his or her competency in food sanitation principles and practices. B. “Food worker’s manual” means the manual prepared and distributed to food handlers by the health officer that describes acceptable procedures and sanitary practices as it pertains to the retail food service industry. C. “Health officer” means the health officer of the county of Riverside, or his designated representative. (Ord. 494 Sec. 1(1), 1983; Ord. 407 (part) (County Ord. 567 Sec. 2), 1978) 6.64.050 Food worker’s certificate--Application. A. Any person who is engaged in or intends to engage in an occupation or employment for whi ch a food worker’s certificate is required by Section 6.64.030 shall file with the health officer an application for such certificate or a renewal thereof in such form as the health officer may require, which application shall be accompanied by a non- refundable fee of five dollars; provided, however, students sixteen years of age or older engaged in school food operations are exempted from such fee. Page | 71 B. When qualified pursuant to this section, the applicant shall be issued a food worker’s certificate containing the following information: certificate number, name, home address, expiration date and attesting signature. Such certificate shall expire two years after the date it was issued. C. A valid certificate of health, indicating that the applicant is free from active communicable tuberculosis, issued by any regularly constituted public health agency and bearing a date of issuance, may be accepted by the health officer, in lieu of the statement or report as required in subsection (b), during its period of validity, not to exceed one year from the date of its issuance. (Ord. 494 Sec. 1(3), 1983; Ord. 407 (part) (County Ord. 567 Sec. 5), 1978) 6.64.060 Food worker’s certificate--Qualifications. To qualify for the issuance or renewal of a food worker’s certificate required by Section 6.64.030, the applicant shall have demonstrated his or her knowledge of acceptable practices in the sanitary preparation, service, storage, distribution and sale of food and beverages and the proper sanitation of equipment and facilities. Such demonstration of knowledge shall be by satisfactorily passing a n examination conducted by the health officer on such subjects, based on the practices and procedures set forth in the food worker’s manual. A copy of the latest edition of said manual shall be made available by the health officer to those persons applying for a food worker’s certificate or renewal thereof. (Ord. 494 Sec. 1(4), 1983: Ord. 407 (part) (County Ord. 567 Sec. 6), 1978) 6.64.070 Food worker’s certificate--Issuance. When qualified pursuant to Section 6.64.060, the applicant shall be issued a food worker’s certificate containing the following information: certificate number, name, home address, expiration date and attesting signature. Such certificate shall expire one year after the date it was issued. Any person whose health, in the opinion of the health officer, requires further investigation may be issued a temporary food handler’s certificate at the discretion of the health officer for a period not to exceed three months, during which time such investigation shall be carried out to determine whether or not active communicable tuberculosis is present. (Ord. 407 (part) (County Ord. 567 Sec. 7), 1978) 6.64.080 Food worker’s certificate--Duplicate. A duplicate food worker’s certificate, for good cause, may be issued by the health officer for a fee of one dollar. (Ord. 407 (part) (County Ord. 567 Sec. 8), 1978) 6.64.090 Food worker’s certificate--Revocation. The food worker’s certificate may be revoked by the health officer upon evidence indicating repeated or continuing violations of accepted practices and procedures in the preparation, service, storage, distribution, or sale of food or beverages, or upon evidence i ndicating falsification of information required for issuance of such certificate, or an infectious condition creating a hazard to the public or co -workers. (Ord. 407 (part) (County Ord. 567 Sec. 9), 1978) 6.64.100 Food worker’s certificate--Appeal. Any person who has an application for a food worker’s certificate denied by the health officer or who has had such a certificate revoked by the health officer, may appeal such denial or revocation by filing with the clerk of the board of supervisors, within ten days after the date of such denial or revocation, a written notice of appeal briefly setting forth the reasons such denial or revocation is not proper. The clerk shall give notice of th e time and place of the hearing to the appellant. Such appeal shall be heard by the board of supervisors which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the board of supervisors shall not be limited by the technical rules of evidence. (Ord. 407 (part) (County Ord. 567 Sec. 10), 1978) 6.80.020 Permit requirement--Fees. No person shall operate a public or semipublic swimming pool or bathhouse without obtaining a permit from the health officer. A permit for a period not exceeding twelve months shall be issued upon payment of a fee of twenty-five dollars, except that for such pool or bathhouse on the premises of a licensed trailer park and operated as part thereof, the permit shall be issued without fee. A permit for a period of six months or less shall be issued upon payment of a fee of fifteen dollars. If a permit is applied for more than thirty days after such permit is required, the fee shall be increased by twenty percent. A swimming pool or bathhouse operated by a public district shall be fee exempt, but a permit shall be obtained. (Ord. 8 Sec. 2 (County Ords. 465.1 Sec. 1: 465 Sec. 2), 1964) 6.80.030 Closing pool or bathhouse. Any public or semipublic swimming pool or bathhouse that is operating without a permit, or in violation of the sanitation, safety and cleanliness requirements of the Health and Safety code and the California Administrative code, shall be closed by the health officer upon written notice to the owner or operator specifying the violations. It shall not be reopened until inspected and determined by the health officer to be meeting these requirements. A daily record of the operation of the pool shall be kept by the owner or operator on forms supplied by the health officer. The record shall be transmitted to the health officer at the close of each calendar month of operation. (Ord. 8 Sec. 2 (County Ord. 465 Sec. 3), 1964) 6.80.040 Plans to construct pool or bathhouse--Submission to health officer. Every person proposing to construct a public or semipublic swimming pool or bathhouse, or related locker, shower or dressing room, shall submit the plans and specifications to the health officer for his approval prior to construction. The health officer shall check the plans for compliance with the regulations of the California Administrative Code, and shall file with the State Board of Public Page | 72 Health, notice of approval of the plans, or of their rejection with the reasons for the rejection. A building permit shall no t be issued without the approval of the health officer. (Ord. 8 Sec. 2 (County Ord. 465 Sec. 4), 1964) 9.80.020 Definitions For the purpose of this Ordinance, the following words, terms and phrases shall have the following meanings: A. “Arm’s Length Transaction” shall mean: a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this Ordinance is presumed not to be an Arm’s Length Transaction. B. “Department” shall mean: County Health Officer or his or her designee. C. “Person” shall mean: any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. D. “Proprietor” shall mean: a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have, or can or does share, ultimate control over the day-to-day operations of a business. E. “Self-Service Display” shall mean: the open display of Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A Vending Machine is a form of Self-Service Display. F. “Smoking” shall mean: possessing a lighted Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a pipe, cigar, or cigarette of any kind). G. “Tobacco Paraphernalia” shall mean: cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of Tobacco Products. H. “Tobacco Product” shall mean: (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bid is, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence. I. “Tobacco Retailer” shall mean: any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia; “Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, 9.80.030 Tobacco License Prerequisite; Application Process i. It shall be unlawful for any Person to act as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer’s license pursuant to this Ordinance for each location at which that activity is to occur. Tobacco Retailing without a valid Tobacco Retailer’s license shall constitute a public nuisance. ii. A Tobacco Retailer or Proprietor without a valid Tobacco Retailer license, including, for example, a revoked license: 1. Shall keep all Tobacco Products and Tobacco Paraphernalia from public view. The public display of Tobacco Products or Tobacco Paraphernalia in violation of this provision shall constitute an “offer for sale” for the purposes of Section 5.c. 2. Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that would lead a reasonable consumer to believe that such products can be obtained at the Tobacco Retailer’s location. iii. Nothing in this ordinance shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer’s license any status or right other than the right to act as a Tobacco Retailer at the location in the County identified on the face of the license. For example, nothing in this ordinance shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code section 6404.5. iv. Application for a Tobacco Retailer’s license shall be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof. It is the responsibility of each Proprietor to be informed of the laws affecting the issuance of a Tobacco Retailer’s license. A license that is issued in error or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 9.80.090 of this ordinance. Page | 73 v. In addition to any other penalty under this ordinance a Person found to have engaged in Tobacco Retailing without a valid Tobacco Retailers license shall be ineligible to apply for or be issued a Tobacco Retailing license according to the following: 1. After a first violation for a Person within any sixty-month (60) period, no new license may issue for the Person as a Proprietor until thirty (30) days have passed from the date of last violation. 2. After a second violation for a Person within any sixty-month (60) period, no new license may issue for the Person as a Proprietor until ninety (90) days have passed from the date of last violation. 3. After three or more violations for a Person within any sixty-month (60) period, no new license may issue for the Person as a Proprietor until five (5) years have passed from the date of last violation. 4. Each day that a Person engages in Tobacco Retailing without a valid Tobacco Retailers license shall constitute a separate violation. vi. Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this ordinance are subject to seizure and forfeiture. Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed. vii. All applications shall be submitted on a form supplied by the Department and shall contain the following information: 1. The name, address, and telephone number of each Proprietor. 2. The business name, address, and telephone number of the single fixed location for which a Tobacco Retailer’s license is sought. 3. The name and mailing address authorized by each Proprietor to receive all license -related communications and notices (the “Authorized Address”). If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 above. 4. Proof that the location for which a Tobacco Retailer’s license is sought has been issued a valid state tobacco retailer’s license by the California Board of Equalization. 5. Whether or not any Proprietor is a Person who has been determined to have violated this ordinance or has been a Proprietor at a location that has been determined to have violated this ordinance and, if so, the dates and locations of all such violations. 6. Such other information as the Department deems necessary for the administration or enforcement of this ordinance. 9.80.040 License Issuance, Standards A. No license may issue to authorize Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by Persons on foot and Tobacco Retailing from vehicles are prohibited. B. Upon the receipt of an application for a Tobacco Retailer’s license and the license fee, the Department shall issue a license unless substantial record evidence demonstrates that one of the following bases for denial exists: 1. The application is incomplete or inaccurate. 2. The application seeks authorization for Tobacco Retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 9.80.090 (b) of this ordinance. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the County with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an Arm’s Length Transaction. 3. The application seeks authorization for Tobacco Retailing for a Pro prietor for which a prohibition on issuing licenses is in effect pursuant to Section 9.80.090 (b) of this ordinance. 4. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to 9.80.040 (a) of this ordinance, that is unlawful pursuant to any other County ordinance, or that is unlawful pursuant to any other local, state, or federal law. Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. 9.80.080 License Violation A. VIOLATION OF TOBACCO-RELATED LAWS. It shall be a violation of a Tobacco Retailer’s license for a licensee, including his or her agent or employee, to violate any of the following laws: 1. Any local, state, or federal tobacco-related law. 2. Local, state, or federal sign laws. 3. Local, state, or federal laws restricting the age of purchase for any product. B. LICENSE COMPLIANCE MONITORING. 1. Compliance with this ordinance shall be monitored by the Department. Any peace officer may enforce the penal provisions of this ordinance. Page | 74 2. The Department shall check the compliance of each Tobacco Retailer at least three (3) times per twelve (12) month period. The Department may check the compliance of Tobacco Retailers previously found to be in compliance a fewer number of times so that the Department may check the compliance of Tobacco Retailers previously found in violation a greater number of times. 3. Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance che cks shall determine compliance with other tobacco-related laws. 4. The County shall not enforce any tobacco-related minimum-age law against a Person who otherwise might be in violation of such law because of the Person’s age (hereinafter “Youth Decoy”) if the potential violation occurs when: i. the Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official; or ii. the Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through sub-contracting, by the county Department of Health and Human Services or funded in part, either directly or indirectly through sub-contracting, by the California Department of Health Services. C. NO CONTEST PLEA. A plea of “no contest” or its equivale nt by a Tobacco Retailer for a violation of any law designated in subsection (a) above shall operate as an admission that this ordinance has been violated for the purposes of license revocation. 9.80.090 Revocation of License A. OF LICENSE FOR VIOLATION. 1. In addition to any other penalty authorized by law, a Tobacco Retailer’s license shall be revoked if the County Hearing Officer finds, after notice to the licensee and opportunity to be heard, that the licensee, including his or her agents or employees, has violated any of the requirements, conditions, or prohibitions of this ordinance (hereinafter “License Violation”). 2. No attorney may take part in the defense of a license revocation proceeding unless the attorney’s participation meets any exception for attorneys appearing in small claims court under California Code of Civil Procedure section 116.530. This prohibition shall not apply if the County elects to be represented by an attorney in the proceeding and notice of the election is include in the notice given pursuant to subsection (1) above. 3. For a first or second alleged License Violation within any sixty-month (60) period, the County Counsel may engage in settlement negotiations and may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this ordinance without approval from the Board of Supervisors. Settlements shall not be confidential and shall contain the following minimum terms: i. After an alleged first License Violation at a location within any sixty-month (60) period: a. An agreement to stop acting as a Tobacco Retailer for at least one (1) day; b. A settlement payment to the County of at least one thousand dollars ($1000); and c. An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations. ii. After an alleged second License Violation at a location within any sixty-month (60) period: a. An agreement to stop acting as a Tobacco Retailer for at least ten (10) days; b. A settlement payment to the County of at least five thousand dollars ($5000); and c. An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations. B. NEW LICENSE AFTER REVOCATION FOR VIOLATION. 1. After a first License Violation at a location within any sixty-month (60) period, no new license may issue for the location until ten (10) days have passed from the date of the last revocation or violation, whichever is later. 2. After a second License Violation at a location within any sixty -month (60) period, no new license may issue for the location until thirty (30) days have passed from the date of the last revocation or violation, whichever is later. 3. After of a third License Violation at a location within any sixty -month (60) period, no new license may issue for the location until ninety (90) days have passed from the date of the last revocation or violation, whichever is later. 4. After four or more License Violations at a location within any sixty-month (60) period, no new license may issue for the location until five (5) years have passed from the date of the last revocation or violation, whichever is later. C. EXPIRATION OF LICENSE. A Tobacco Retailer’s license that is not timely renewed pursuant to Section 9.80.060 (a) shall expire at the end of its term. To reinstate a license that has expired due to the failure to timely pay the renewal fee, the proprietor must: 1. Submit the renewal fee plus a reinstatement fee of ten percent (10%) of the renewal fee. Page | 75 2. Submit a signed affidavit affirming that the Proprietor has not sold any Tobacco Product or Tobacco Paraphernalia during any period that the license was expired. D. REVOCATION OF LICENSE ISSUED IN ERROR. A Tobacco Retailer’s license shall be revoked if the Department finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under Section 9.80.040 (b) existed at the time application was made or at anytime before the license issued. The revocation shall be without prejudice to the filing of a new application for a license. 17.08.150 County health officer. “County health officer” means the health officer of Riverside County. (Ord. 233 Sec. 2.15, 1972) Page | 76 City of Palm Desert Chapter 6.04 – Definitions 6.04.020 Animal control officer—Health officer. “Health officer” means the health officer of the city or such other person or persons as are duly authorized by law to perform local health officer duties within the city. Chapter 6.28 – Offenses 6.28.080 Public nuisance. The city manager or his designee, the code compliance supervisor, the county health officer, and peace officers are authorized, directed and empowered to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof of any means reasonably necessary including but not limited to the euthanasia of the animal or animals involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of the animal. Chapter 8.55 – Regulation of the Discharge of Sewage 8.55.010 Sewage discharge—Alteration of plumbing facilities—Unlawful when. When sewage, other than the discharge from an approved sewage treatment plant, is overflowing or being discharged upon the surface of any premises, the health officer may order the occupant or occupants thereof who contribute to such overflow or discharge to abate the same forthwith. If the plumbing discharge is to be installed or altered to drain into the incorporated area of the city, or into streams or bodies of water, they must have to have approval from the health officer of the county. 8.55.020 Definitions. “Health officer” means the health officer of the county of Riverside, or his designated representative. 8.55.030 General requirements for an approval. The health officer must approve all plumbing facilities. The health officer can approve other disposal methods under special circumstances. The application for the sewage facility must include a scaled plan for the health officer. 8.55.040 Holding tanks. A holding tank may be approved by the health officer if approval to utilize a subsurface sewage disposal system has been denied. 8.55.050 Required connection to the public sewer. If there has been a chronic failure of a private sewage disposal system determined by the health officer, and public sewer is available and is located within two hundred feet from any lot or building, then the property owner must connect to the public sewer. 8.55.060 Approval fees. The fees required to obtain an approval from the health officer under the provisions of this chapter shall be as specified in a resolution by the board of supervisors and shall be in such amounts as are based upon a cost analysis determined by the Riverside County auditor-controller. 8.55.070 Enforcement. It shall be the duty of the county health officer or his agents to enforce the provisions of this chapter. 8.55.090 Public nuisance declaration. In addition, any violation of this chapter is declared to be a public nuisance and may be abated by the building official or director of code compliance or health officer or their duly authorized agents irrespective of any other remedy provided in this chapter. Page | 77 Full Text of Municipal Code 6.04.020 Animal control officer—Health officer. A. “Animal control officer” means the city manager or such person as the city manager has designated to perform the duties of the position, or such person with whom the city has contracted to perform such duties which shall be subordinate to authorized city staff that oversee the contract, or such person who is otherwise obligated by law to perform such duties. B. “Health officer” means the health officer of the city or such other person or persons as are duly authorized by law to perform local health officer duties within the city. (Ord. 874 § 1, 1998) 6.28.080 Public nuisance. The introduction, ownership, possession or maintenance of any animal, or the allowing of any animal to be, in contravention of this title, is, in addition to being a violation, declared to be a public nuisance. The cit y manager or his designee, the code compliance supervisor, the county health officer, and peace officers are authorized, directed and empowered to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof of any means reasonably necessary including but not limited to the euthanasia of the animal or animals involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of the animal. Failure to comply with such conditions and restrictions of this title is an infraction. The owner shall reimburse the city for all costs incurred in verifying compliance and enforcing the provisions of this section. The city may also commence proceedings in accordance with the provisions of Chapter 8.20 of this code relative to abatement procedures for public nuisances. (Ord. 874 § 1, 1998) 8.55.010 Sewage discharge—Alteration of plumbing facilities—Unlawful when. A. It shall be unlawful for any person to discharge or deposit or cause or permit to be discharged or depo sited any sewage, sewage effluent or nonhazardous waste whether treated or untreated in or upon any incorporated area within the city of Palm Desert, including any deposit or discharge of sewage into streams or bodies of water above or below the ground. When sewage, other than the discharge from an approved sewage treatment plant, is overflowing or being discharged upon the surface of any premises, the health officer may order the occupant or occupants thereof who contribute to such overflow or discharge to abate the same forthwith. B. It shall be unlawful for any person to install or alter plumbing facilities or drainage systems for the discharge or deposit of any sewage, sewage effluent or nonhazardous waste from any dwelling, house or building or appurtenanc e thereof in or upon any incorporated area within the city of Palm Desert, or into streams or bodies of water above or below the surface where the same is, or may be carried through, or upon, any incorporated area within the city of Palm Desert, without first securing, in the manner provided in this chapter, an approval from the health officer of the county. (Ord. 708, 1993) 8.55.020 Definitions. “Approval” means the written approval by the health officer or his designated representative of a plan to reconstruct, rebuild, convert or alter any subsurface sewage disposal system which discharges or disposes of sewage, sewage effluent, or nonhazardous waste. “Building official” means the director of building and safety as appointed by the city manager. “Critical area” means those areas determined by the health officer to be difficult for installation of a subsurface sewage disposal system due to one or more of the following: lot size, seasonal groundwater, slope or poor soil conditions. “Director of code compliance” means the director of code compliance as appointed by the city manager. “Health department” means the Riverside County health department. “Health officer” means the health officer of the county of Riverside, or his designated representative. “Holding tank” means a sewage facility, of a temporary nature only, that has no means of discharge, requires periodic maintenance and is under the control of the sewering agency which serves the area. “Person” means any person, firm, partnership, corporation, association, club or organization. “Private sewage disposal system” means a septic tank with the effluent discharging into a subsurface disposal field, into one or more seepage pits or of such other facilities as may be permitted under the procedures set f orth elsewhere in this code. “Public sewer” means a common sewer directly controlled by the Coachella Valley water district. “Sewage” or “sewage effluent” means waste as defined in California Health and Safety Code Section 5410(a) and includes all nonhazardous waste. “Sewage facilities” means subsurface sewage disposal systems, holding tanks, alternative systems, experimental systems or other methods of disposing of sewage as approved by the health officer. (Ord. 708, 1993) 8.55.030 General requirements for an approval. A. No person shall erect, construct, rebuild, convert or alter any installation of plumbing facility for the discharge or disposal of sewage, sewage effluent or nonhazardous waste, unless he has first obtained a written approval for such purpose from the health officer. Page | 78 B. An approval granted under the terms of this chapter shall remain valid for a period not to exceed one year from the date of issuance. An approval shall be deemed utilized upon issuance of a building permit and commencement of construction. C. Actual construction of approved sewage facilities shall be performed under permit issued by the department of building and safety. 1. If it is impractical to connect a plumbing fixture affecting the sanitary drainage system with a street sewer, the sewage effluent or nonhazardous waste must be disposed according to the minimum standards of the most recent edition of the Uniform Plumbing Code and the sewage disposal requirements of the health department after the affected date of the ordinance codified in this chapter, as such requirements may be amended from time to time. a. The type of sewage facilities installed shall be determined on the basis of location, soil porosity, site slope and groundwater level, and shall be designed to receive all sanitary sewage from the property. No surface drainage shall be permitted to enter any part of the system. The system, except as otherwise provided, shall consist of a septic tank with effluent discharging by gravity flow into a subsurface disposal field, into one or more seepage field and seepage pits. Under special circumstances other disposal methods may be utilized with approval of the health officer. b. The location and installation of the sewage facilities and each part thereof shall be such that, with reasonable maintenance, the system will function in a sanitary manner and will not result in contamination, pollution or creation of a nuisance or endanger the safety of any domestic water supply. c. Approval of subsurface sewage disposal systems in critical areas shall require detailed review and on- site inspections. Critical areas are generally identified on a map on file in the health department, and such map may be updated to include new areas as necessary. 2. Any person desiring approval of sewage facilities shall submit an application on a form to be provided by the health department. Such application shall be accompanied by a fee as required in the resolution adopted pursuant to Section 8.55.060 of this chapter. The application shall contain the following information: a. Name and address of applicant; b. Location of the proposed installation or reconstruction; c. A scaled, contoured plot plan drawn in a professional manner describing the proposed construction or alteration in sufficient detail to enable the health officer to determine whether the proposed installation or alteration is in compliance with the provisions of Section 8.55.030 of this chapter; d. Other information as deemed necessary by the health officer to adequately determine the suitability of a site for the utilization of subsurface sewage facilities. This information may consist of one or more of the following: i. A soils feasibility report which adequately evaluates soil percolation, ii. A special feasibility boring report (groundwater and/or bedrock), iii. An engineered topographical map. 3. Action on Application for Approval. a. Applicants shall be notified of incomplete or inaccurate applications within ten working days after the date of the filing of the application. The applicant may make the proper corrections and resubmit the corrected application. b. Except as to incomplete or inaccurate applications as hereinabove provided, all applications for approval shall be approved or denied, in whole or in part, within fifteen working days after the date of filing. If an application is denied, in whole or in part, the applicant may amend the application and resubmit the amended application. 4. Revocations of Approvals. a. An approval may be revoked by the health officer for failure of the applicant to provide proper, complete and accurate information regarding site conditions for a proposed subsurface sewage disposal system. b. An approval previously granted may be rescinded if soil conditions change significantly prior to construction that would affect the proper operation of a subsurface sewage disposal system. c. An approval may be revoked for failure to maintain plumbing and sewage facilities (i.e. holding tanks, chemical toilets, etc.) in a sanitary manner. 5. Hearing Before the Palm Desert Board of Appeals and Condemnation. Any person whose application for an approval has been denied, in whole or in part, or to whom a certificate of completion has been refused, or whose approval has been revoked or ordered to connect to the public sewer may within ten days after Page | 79 such action has been taken appeal to the Palm Desert building board of appeals and condemnation for a hearing by filing with the building official of said board, in writing, a notice of appeal from t he action taken by the health officer. The building official, immediately upon a receipt of a notice of appeal, shall set a date for a hearing thereon, such hearing to be not less than ten nor more than thirty working days from the filing of said notice. At the hearing, the building board of appeals and condemnation shall receive all pertinent oral and documentary evidence thereon. Upon the conclusion of the hearing, the building board of appeals and condemnation, within fifteen working days, shall render i ts decision in reference to the subject matter of the appeal. (Ord. 708, 1993) 8.55.040 Holding tanks. A holding tank may be approved by the health officer if approval to utilize a subsurface sewage disposal system has been denied; provided the sewering agency which serves the area agrees in writing to the installation of a holding tank and the following conditions are met: A. A holding tank may be approved for a period not to exceed two years from the date of approval. A “will serve” letter from the sewering agency which serves the area shall be submitted which indicates the site can be provided sewer service within the two-year approval period. An extension of the two-year approval may be considered upon notification from the sewering agency. B. The sewering agency for the area takes responsibility for the operation and maintenance of the holding tank. C. No commercial food facilities shall be approved for connection to a holding tank. D. When a sewer line becomes available, abandonment of the holding tank in a proper manner and connection to the sanitary sewer will be required within a period not to exceed sixty calendar days. E. A holding tank shall not be approved in an area not served by a sewering agency, unless approved in writing by the health officer. F. No holding tank facility shall be placed in any portion of a public right -of-way without written approval from the responsible public agency. (Ord. 708, 1993) 8.55.050 Required connection to the public sewer. A. As determined by the health officer, upon evidence of chronic failure of a private sewage disposal system, and the public sewer is available and is located within two hundred feet from any lot or building served by the failing private sewage disposal system, the property owner shall be ordered to connect to the public sewer within a period of time prescribed by the building official and the health officer. B. Failure of the property owner to comply with the order to connect to the public sewer shall be deemed a violation pursuant to Section 8.55.080 and a public nuisance per Section 8.55.090 of this chapter. (Ord. 708, 1993) 8.55.060 Approval fees. A. Health Department Fees. The fees required to obtain an approval from the health officer under the provisions of this chapter shall be as specified in a resolution by the board of supervisors and shall be in such amounts as are based upon a cost analysis determined by the Riverside County auditor-controller. B. Permit Fees. The fees required for the issuance of a building permit by the department of building and safety shall be the most recently adopted fee schedule set forth by resolution of the city council. (Ord. 708, 1993) 8.55.070 Enforcement. It shall be the duty of the county health officer or his agents to enforce the provisions of this chapter. (Ord. 708, 1993) 8.55.090 Public nuisance declaration. In addition, any violation of this chapter is declared to be a public nuisance and may be abated by the building official or director of code compliance or health officer or their duly authorized agents irrespective of any other remedy provided in this chapter. (Ord. 708, 1993) Page | 80 City of Palm Springs Chapter 5.45 – Medical Cannabis Related Business and Activities 5.45.050 Definitions. “Health Officer” means the County of Riverside Health Officer or the designee of the County of Riverside Health Officer or any other person exercising the duties of health officer for the City. Chapter 10.16 – Biting 10.16.010 Biting animals—Quarantine orders. If an animal has bitten any person or animal, or exhibits evidence of rabies, the animal must, at the order of the animal control officer or of the county health officer, be tied up or confined for a period of time. 10.16.060 Rabies epidemics—Authority of health officer. Whenever the county health officer determines that an epidemic of rabies exists or is threatened, he shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease. Page | 81 Full Text of Municipal Code 5.45.050 Definitions. The following definitions of terms shall apply to this Chapter, unless the context requires otherwise. Any reference to California statutes includes any regulations promulgated ther eunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. “Applicant” means a person eighteen (18) years of age or older who has submitted an application for a permit or renewal of a permit issued pursuant to this Chapter. If the applicant is an entity and not a natural person, applicant shall include all persons having a ten (10) percent or more financial interest in the entity. “Application” means that form provided by the City Manager in accordance with this Chapter for the purpose of seeking a commercial medical cannabis permit. “Health Officer” means the County of Riverside Health Officer or the designee of the County of Riverside Health Officer or any other person exercising the duties of health officer for the City. “Licensing authority” means the state agency responsible for the issuance, renewal, or reinstatement of a license for commercial medical cannabis activities, or the state agency authorized to take disciplinary action against the lice nse. “Owner” means the person, firm, corporation, or partnership that owns property or is in possession thereof under a contract to purchase or under a lease, by a person or persons, firm, corporation, or partnership, individually, jointly, in common, or in any other manner whereby such property is under single or unified control. The term “Owner” does not include a lessor of real property subject to a ground lease of ten or more years where the Owner as lessor does not retain any interest or right of control in any building constructed on the real property subject to such ground lease. “Property owner” means the individual or entity who is the record owner of the subject property where commercial medical cannabis activities are located or are proposed to be located. The term “Property Owner” does not include a lessor of real property subject to a ground lease of ten or more years where the Owner as lessor does not retain any interest or right of control in any building constructed on the real property subject to such ground lease. (Ord. 1909 § 4, 2016) 10.16.010 Biting animals—Quarantine orders. Whenever it is shown that any dog or other animal has bitten any person or animal, or exhibits evidence of rabies, no owner or person having custody or possession thereof, upon order of the animal control officer or of the county health officer (or any other person exercising the duties of health officer for the city), shall fail, refuse, or neglect to quarantine such animal and keep it tied up or confined for a period of not less than ten days for dogs and cats and not less than fourteen days for other animals, or shall fail, refuse, or neglect to allow the animal control officer or the health officer or their deputies to make an inspection or examination thereof at any reasonable time during such quarantine period. No such dog or other animal shall be removed or released during the quarantine period without the prior written permission of the animal control officer or the health officer or their deputies. Unless oth erwise specified by the animal control officer or the health officer, such animal shall be confined in an animal shelter or a veterinary hospital at the owner’s expense. (Ord. 1291 § 5, 1987: Ord. 910 § 2, 1971: prior code § 5540) 10.16.060 Rabies epidemics—Authority of health officer. Whenever the county health officer (or any other person exercising the duties of health officer for the city) determines that an epidemic of rabies exists or is threatened, he shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quarantine against any or all animals in any area of the city as he may determine and define, for a period of not more than one hundred twenty days. An additional or extended quarantine period may also be declared if the same shall be deemed necessary by the health officer for the protection and preservation of the public health, peace and safety. Any quarantine declared under the provisions of this section other than as restricted herein, shall be upon such conditions as the health officer may determine and declare. (Ord. 910 § 2, 1971: prior code § 5574) Page | 82 City of Perris Chapter 5.46 – Swap Meets Sec. 5.46.110. - Inspection by public safety officers. All merchandise admitted into the area shall be arranged so that the chief of police, building inspector, health officer, fire department officials and other appropriate officials may have access for inspection at all times during hours of operation. Chapter 5.51 – Tobacco Licensing Sec. 5.51.020. - Definitions. Department means county health officer or his designee. Sec. 5.51.030. - Tobacco license prerequisite; application process. All applications shall be submitted on a form supplied by the department and s hall contain information that the department deems necessary. All information required to be submitted to apply for a tobacco retailer's license shall be updated with the department whenever the information changes within ten business days of the change. Sec. 5.51.040. - License issuance; standards. Upon the receipt of an application for a tobacco retailer's license and the license fee, the department shall issue a license unless substantial record evidence demonstrates one of the bases for denial exists. Sec. 5.51.080. - License violation. Compliance with this chapter shall be monitored by the department. The department shall check the compliance of each tobacco retailer at least three times per 12 -month period. Chapter 7.20 – Food Handlers Sec. 7.20.020. - Definitions. Health officer means the health officer of the county, or his designated representative. Sec. 7.20.050. - Application for food worker's certificate. If a food worker’s certificate is required, it must be filed with the health officer. Sec. 7.20.060. - Qualifications for food worker's certificate. An examination to prove knowledge set forth in the Food Worker’s manual will be conducted by the health officer. Sec. 7.20.070. - Issuance of food worker's certificate. The certificate shall contain the following information: certificate number, name, home address, expiration date, and attesting signature. The certificate shall expire two years after the date it was issued. If a person’s health needs further inspection, t hen the health officer can issue a temporary food handler’s certificate, not to exceed three months. Sec. 7.20.080. - Duplicate food worker's certificate. A duplicate certificate may be issued by the health officer for a fee of $1.00. Sec. 7.20.090. - Revocation of food worker's certificate. The food worker's certificate may be revoked by the health officer. Sec. 7.20.100. - Appeal. If a person has had their food worker’s certificate application denied or revoked by the health officer, they may appeal to the city clerk. Chapter 7.32 – Control of Flies Sec. 7.32.020. - Definitions. Health officer means the health officer of the county or designated representative. Sec. 7.32.040. - Inspection by health officer. The health officer, upon routine inspection, or whenever he is informed or has reasonable cause to believe that any land, building or collection of plant of animal waste or any s ubstance or existing condition on any lot, farm or other land or on any other premises is a fly breeding hazard, to enter the premises and determine whether or not there is an existing fly breeding hazard, and in making such entry shall take reasonable pre caution to minimize the spread of disease from any premises. Sec. 7.32.050. - Abatement proceedings—Notices. If there is a fly breeding hazard within the unincorporated territory of the city, the health officer shall serve upon the owner a written notice to abate such nuisance and take corrective measures to prevent its continuance. If the hazard has not been aba ted within the time specified in the written notice, the health officer may extend the date for the completion of the abatement, or he shall serve the owner a written notice to appear at a hearing Page | 83 before the fly abatement committee. If the fly breeding haz ard still exists at the time of the hearing, the health officer will proceed to abate such nuisance. Sec. 7.32.060. - Same—Hearing. At the time of the hearing by the fly abatement committee, the committee shall hear and consider all relevant evidence offered by the owner, the health officer, and any other interested person. If the committee determines that a fly breeding hazard exists, the health officer shall proceed to abate it, without further notice. Sec. 7.32.070. - Fly control standards. The fly control standards shall be printed and made available to all concerned persons by the health officer. Sec. 7.32.080. - Hearing for repeated violators. If the health officer has served upon the owner three or more written notices to abate a fly breeding hazar d within the previous 12 -month period, he also may serve upon both the record owner and the person having control or possession of the place or premises, at the time of service of the third notice to abate, a notice to appear at a hearing before the fly abatement committee. Sec. 7.32.090. - Costs shall become a special assessment. If all costs of abatement are not paid within one month after a written demand for payment is given to the owner, the health officer shall report the amount and circumstances to the city council which may then declare a special assessment of that amount. Chapter 8.08 – Animal Control Sec. 8.08.100. - Reporting suspected rabies. If a person has knowledge of the whereabouts of an animal know to have or suspected of having rabies shall report such facts immediately to the county health officer or the senior animal control officer. Additionally, the senior animal control officer and the county health officer shall be notified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies. Sec. 8.08.330. - Rabies suppression, control and quarantine. If an animal has bitte n any person, the owner shall quarantine such animal on the owner’s property or in a veterinary hospital or similar facility and keep the animal confined for a minimum period of ten days for dogs and cats and 14 days for all other animals and shall allow t he health officer and the senior animal control officer to inspect and examine such animal at any time during such period of quarantine. Chapter 14.16 – Sewage Disposal and General Regulations Sec. 14.16.020. - Private sewage disposal system—Permitted when. Where connection to a public sewer is not required under other provisions of this chapter, an owner may with written permission from the city manager construct private sewage disposal facilities conforming to the requirements of the plumbing code and the health officer. Sec. 14.16.050. - Private sewage disposal system; nuisance action. If a private disposal facility is removed or rendered inoperative, the work and manner of abandonment shall be nuisance-free and in accordance with the requirements of the plumbing code and health officer. Chapter 14.22 – Stormwater/Urban Runoff Management and Discharge Control Sec. 14.22.030. - Definitions. County health officer means the health officer of the county department of health or his designee. Sec. 14.22.060. - Exemptions from discharge prohibitions. The prohibition of discharges shall not apply to any discharge which the enforcement official, the county health officer, the regional water quality control board, or the U.S. Environmental Protection Agency determin es, and states in writing, is necessary for the protection of the environment, water quality, and public health and safety. Chapter 16.12 – Unsafe Buildings Sec. 16.12.020. - Definitions. Health officer means the official of the city or the county responsible for the enforcement of laws, ordinances, rules and regulations of the state, county and city relating to public health, sanitation, food handling and environmental health including his authorized agents, assistants, or deputies or representativ es. Page | 84 Full Text of Municipal Code Sec. 5.46.110. - Inspection by public safety officers. All merchandise admitted into the area shall be arranged so that the chief of police, building inspector, health officer, fire department officials and other appropriate officials may have access for inspection at all times during hours of operation. (Code 1972, § 5.46.110; Ord. No. 574, § 1(part), 1983) Sec. 5.51.020. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Arm's length transaction means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter is presumed not to be an arm's length transaction. Department means county health officer or his designee. Person means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal e ntity. Proprietor means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share, ultimate control over the day -to-day operations of a business. Retail tobacco store means a retail store utilized primarily fo r the sale of tobacco products and accessories; and in which at least 80 percent of the square footage of the available retail floor and shelf space is devoted to the sale of tobacco-related products and accessories. Self-service display means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A vending machine is a form of self-service display. Smoking means possessing a lighted tobacco product, tobacco paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar , or cigarette of any kind). Tobacco paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacc o products. Tobacco product means: 1. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and 2. Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product spec ifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence. Tobacco retailer means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, to bacco products, or tobacco paraphernalia; the term "tobacco retailing" means the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. (Code 1972, § 5.51.020; Ord. No. 1246, § 2(part), 2008) Sec. 5.51.030. - Tobacco license prerequisite; application process. A. It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobac co retailer's license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer's license shall constitute a public nuisance. B. A tobacco retailer or proprietor without a valid tobacco r etailer license, including, for example, a revoked license: 1. Shall keep all tobacco products and tobacco paraphernalia from public view. 2. Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer's location or that would lead a reasonable consumer to believe that such products can be obtained at the tobacco retailer's location. C. Nothing in this chapter shall be construed to grant any person obtaini ng and maintaining a tobacco retailer's license any status or right other than the right to act as a tobacco retailer at the location in the county identified on the face of the license. For example, nothing in this chapter shall be construed to render ina pplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code sect ion 6404.5. Page | 85 D. Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. It is the responsibility of each proprietor to be informed of the laws affecting the issuance of a tobacco retailer's license. A license that is issued in error or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to section 5.51.090(D). E. In addition to any other penalty under this chapter, a person found to have engaged in tobacco retailing without a valid tobacco retailer's license shall be ineligible to apply for or be issued a tobacco retailing license according to the following: 1. After a first violation for a person within any 60 -month period, no new license may issue for the person as a proprietor until 30 days have passed from the date of last violation. 2. After a second violation for a person within any 60 -month period, no new license may issue for the person as a proprietor until 90 days have passed from the date of last violation. 3. After three or more violations for a person within any 60 -month period, no new license may issue for the person as a proprietor until five years have passed from the date of last violation. 4. Each day that a person engages in tobacco retailing without a valid tobacco retailer's license s hall constitute a separate violation. F. Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this chapter are subject to seizure and forfeiture. Forfeited tobacco products and tobacco paraphernalia shall be destroyed. G. All applications shall be submitted on a form supplied by the department and shall contain the following information: 1. The name, address, and telephone number of each proprietor; 2. The business name, address, and telephone number of the single fixed location for w hich a tobacco retailer's license is sought; 3. The name and mailing address authorized by each proprietor to receive all license -related communications and notices (the "authorized address"). If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (g)(2) of this section; 4. Proof that the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by t he state board of equalization; 5. Whether or not any proprietor is a person who has been determined to have violated this chapter or has been a proprietor at a location that has been determined to have violated this chapter, and if so, the dates and locations of all such violations; 6. Such other information as the department deems necessary for the administration or enforcement of this chapter; 7. All information required to be submitted to apply for a tobacco retailer's license shall be updated with the department whenever the information changes within t en business days of the change. (Code 1972, § 5.51.030; Ord. No. 1246, § 2(part), 2008) Sec. 5.51.040. - License issuance; standards. A. No license may issue to authorize tobacco retailing at other than a fixed locat ion. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited. B. Upon the receipt of an application for a tobacco retailer's license and the license fee, the department shall issue a license unless substantial record evidence demonstrates that one of the following bases for denial exists: 1. The application is incomplete or inaccurate. 2. The application seeks authorization for tobacco retailing at a location for which a prohibition on issuing licenses is in effect pursuant to section 5.51.090(b). However, this subsection shall not constitute a basis for denial of a license if the applicant provides the county with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction. Clear and convincing evidence can be oral or written and must be the type of evidence upon which a responsible person would rely. 3. The application seeks authorization for tobacco retailing for a proprietor for which a prohibition on issuing licenses is in effect pursuant to section 5.51.090(b). 4. The application seeks authorization for tobacco retailing that is prohibited pursuant to subsection (a) of this section, that is unlawful pursuant to any other county ordinance, or that is unlawful pursuant to any other local, state, or federal law. (Code 1972, § 5.51.040; Ord. No. 1246, § 2(part), 2008) Page | 86 Sec. 5.51.080. - License violation. A. Violation of tobacco -related laws. It shall be a violation of a tobacco retailer's license for a licensee, including his agent or employee, to violate any of the following laws: 1. Any local, state, or federal tobacco -related law; 2. Local, state, or federal sign laws; 3. Local, state, or federal laws restricting the age of purcha se for any product. B. License compliance monitoring. 1. Compliance with this chapter shall be monitored by the department. Any peace officer may enforce the penal provisions of this chapter. 2. The department shall check the compliance of each tobacco retailer at least three times per 12-month period. Nothing in this section or chapter shall create a right of action in any licensee or other person against the city, its agent or its designee. 3. Compliance checks shall determine, at a minimum, if the tobacco retailer i s conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other tobacco -related laws. 4. The county shall not enforce any tobacco -related minimum age law against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when: a. The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official; or b. The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the county department of health and human services or funded in part, either directly or ind irectly through subcontracting, by the state department of health services. C. No contest plea. A plea of "no contest" or its equivalent by a tobacco retailer for a violation of any law designated in subsection (a) of this section shall operate as an admissio n that this chapter has been violated for the purposes of license revocation. (Code 1972, § 5.51.080; Ord. No. 1246, § 2(part), 2008) Sec. 7.20.020. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Food worker's certificate means a statement issued by the health officer certifying that a person is free from illness or condition caused by any infectious agent as defined under Health & Safety Code § 113949.1(b)(California Retail Food Code—Local health officer; action upon notification of food transmitted illness; investigation; available measures), in a manner acceptable to said health officer, and has sat isfactorily demonstrated his competency in food sanitation principles and practices. Food worker's manual means the manual prepared and distributed to food handlers by the health officer that describes acceptable procedures and sanitary practices as they pertain to the retail food service industry. Health officer means the health officer of the county, or his designated representative. (Code 1972, § 7.20.020; Ord. No. 469, § 2, 1977) Sec. 7.20.050. - Application for food worker's certificate. Any person who is engaged or intends to engage in an occupation or employment for which a food worker's certificate is required by section 7.20.030 shall file with the health officer an application for such certificate or a renewal thereof in such form as the health officer may require, which application shall be accompanied by a nonrefundable fee of $5.00, provided, however, students 16 years of age or older engaged in school food operations are exempted from such fee. (Code 1972, § 7.20.050; Ord. No. 469, § 5, 1977; Ord. No. 628, § 2, 1985) Sec. 7.20.060. - Qualifications for food worker's certificate. To qualify for the issuance or renewal o f the food worker's certificate required by section 7.20.030, the applicant shall have demonstrated his knowledge of acceptabl e practices in the sanitary preparation, service, storage, distribution and sale of food and beverages, and the proper sanitation of equipment and facilities. Such demonstration of knowledge shall be by satisfactorily passing an examination conducted by th e health officer on such subjects, based on the practices and procedures set forth in the food worker's manual. A copy of the latest edition of said manual shall be made available by the health officer to those persons applying for a food worker's certific ate or renewal thereof. (Code 1972, § 7.20.060; Ord. No. 469, § 6, 1977; Ord. No. 628, § 3, 1985) Sec. 7.20.070. - Issuance of food worker's certificate. When qualified pursuant to section 7.20.060, the applicant shall be issued a food worker's certificate containing the following information: certificate number, name, home address, expiration date, and attesting signature. Such certificate shall expire two years after the date it was issued. Any person whose health, in the opinion of the health officer, requires further investigation may be issued a temporary food Page | 87 handler's certificate, at the discretion of the health officer, fo r a period not to exceed three months. (Code 1972, § 7.20.070; Ord. No. 469, § 7, 1977; Ord. No. 628, § 4, 1985) Sec. 7.20.080. - Duplicate food worker's certificate. A duplicate food worker certificate, for good cause, may be issued by the health officer for a fee of $1.00. (Code 1972, § 7.20.080; Ord. No. 469, § 8, 1969) Sec. 7.20.090. - Revocation of food worker's certificate. The food worker certificate may be revoked by the health officer upon evidence indicating repeated or continuing violations of ac cepted practices and procedures in the preparation, service, storage, distribution or sale of food or beverages, or upon evidence indicating falsification of information required for issuance of such certificate, or an infectious condition creating a hazar d to the public or coworkers. (Code 1972, § 7.20.090; Ord. No. 469, § 9, 1977) Sec. 7.20.100. - Appeal. A. Any person who has an application for a food worker's certificate denied by the health officer, or who has had such a certificate revoked by the health officer, may appeal such denial or revocation by filing with the city clerk, within ten days after the date of such denial or revocation, a written notice of appeal briefly setting forth the reasons why such denial or revocation is not proper. The clerk sh all give notice of the time and place of the hearing to the appellant. B. Such appeal shall be heard by the city council, which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the city co uncil shall not be limited by t he technical rules of evidence. (Code 1972, § 7.20.100; Ord. No. 469, § 10, 1977) Sec. 7.32.020. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fly abatement committee , means an advisory committee composed of members appointed by the city council. The membership shall include two poultrymen, one dairyman, horseman or ento mologist, and two public members. Three members of the fly abatement committee shall constitute a quorum. No act of the committee shall be valid or binding unless a majority of the members present concur therein. The committee shall choose a chairperson, v ice chairperson, and a secretary from its own members. Health officer means the health officer of the count y or designated representative. (Code 1972, § 7.32.020; Riverside County Ord. No. 527, § 2, 1970; Ord. No. 421, §§ 1(part), 3, 1974) Sec. 7.32.040. - Inspection by health officer. It shall be the duty of the health officer, upon routine inspection, or whenever he is informed or has reasonable cause to believe that any land, building or collection of plant or animal waste or any substance or existing co ndition on any lot, farm or other land or on any other premises is a fly breeding hazard, to enter upon such premises and to determine whether or not there is an existing fly breeding hazard, and in making such entry shall take reasonable precaution to min imize the spread of disease from any premises. (Code 1972, § 7.32.040; Riverside County Ord. No. 527, § 4, 1970; Ord. No. 421, § 1(part), 1974) Sec. 7.32.050. - Abatement proceedings—Notices. A. Whenever there exists in any place within the unincorporated territory of the city a fly breeding hazard, the health officer shall serve upon the record owner or person having control or possession of such place or premises, or upon the agent of either, a written notice to abate such nuisance and take corrective mea sures to prevent its continuance. The notice to abate shall specify what is claimed to be causing the fly breeding hazard. Abatement shall be commenced immediately and shall be completed within such reasonable time as the health officer shall specify in the written notice. B. If the fly breeding hazard has not been abated within the time specified in the written notice, the health officer may extend the date for the completion of the abatement, or he shall serve upon both the record owner and the person having control or possession of the place or premises, or upon the agent of either, a written notice to appear at a hearing before the fly abatement committee. The written notice to appear shall specify the place, time and date of hearing, said date of hearing t o be not less than five days after service of the notice to appear. Additionally, the written notice to appear shall advise the record owner and the person having control or possession of the place or premises that if the fly abatement committee determines that a fly breeding hazard still exists at the time of the hearing, the health officer will proceed to abate such nuisance, unless the condition is abated on or before a date to be specified by the committee, and that the owner of such place or premises a nd the person having control or possession thereof, jointly and severally, shall be liable to the county for the total cost of such work and such costs shall constitute a charge and lien upon the place or premises. C. All notices shall be served by personal d elivery thereof, or by certified mail. (Code 1972, § 7.32.050; Riverside County Ord. No. 527, § 5, 1970; Ord. No. 421, § 1(part), 2(part), 1974) Sec. 7.32.060. - Same—Hearing. A. At the time fixed for the hearing by the fly abatement committee, such committee shall hear and consider all relevant evidence offered by the owner of record or person having control or possession of the place or premises Page | 88 upon which the fly breeding hazard allegedly exists, by the health officer or his agents, and by any other interes ted person. Upon the conclusion of the hearing, the committee shall make the following findings: 1. Whether or not a fly breeding hazard exists; 2. Specifically what is causing the hazard; 3. What should be done by the owner or operator to abate the immediate hazard; 4. Whether the owner or operator is a repeated violator (i.e., has received three or more notices to abate within the previous 12-month period); 5. If it is determined that the owner or operator is a repeated violator, what action should be taken to prev ent recurrence of the hazard; 6. Whether the owner or operator should comply with any specific regulations of the health officer, B. If the committee determines that a fly breeding hazard exists, the health officer shall proceed to abate it, without further notice, unless the condition is abated and such work performed by the record owner or the person having possession or control of the place or premises on or before a date to be specified by the committee. Additionally, if the committee determines that action s hould be taken to prevent the recurrence of a fly breeding hazard, the health officer shall cause such action to be taken without further notice, unless such action is taken by the record owner or person having control or possession of the place or premise s on or before a date to be specified by the committee. (Code 1972, § 7.32.060; Riverside County Ord. No. 527, § 6, 1970; Ord. No. 421, § 1(part), 1974) Sec. 7.32.070. - Fly control standards. The fly abatement committee shall utilize those fly control sta ndards recommended by recognized sources and approved by the city council as guidelines in the abatement proceedings described in section 7.32.060. Said standards shall be printed and made available to all concerned persons by the health officer. (Code 1972, § 7.32.070; Riverside County Ord. No. 527, § 7, 1970; Ord. No. 421, § 1(part), 1974) Sec. 7.32.080. - Hearing for repeated violators. A. If the health officer has served upon the record owner or person having control or possession of the place or premises upon which a fly breeding hazard exists, or upon the agent of either, three or more written notices to abate a fly breeding hazard within the previous 12-month period, he also may serve upon both the record owner and the person having control or possession of the place or premises, at the time of service of the third notice to abate, a notice to appear at a hearing before the fly aba tement committee. The written notice to appear shall specify the place, time and date of hearing, said date of hearing to be not less than five days after service of the notice to appear. Additionally, the written notice to appear shall advise the record o wner and the person having control or possession of such place or premises that the fly abatement committee will hear evidence and make findings as set forth in section 7.32.060, and that the record owner of such place or premises and the person having control or possession thereof, jointly and severally, shall be liable for costs of abatement, including costs of performing work to prevent the hazard's recurrence, as provided in section 7.32.090. B. At the time fixed for hearing, the committee shall hear and consider evidence and make findings as required by section 7.32.060. (Code 1972, § 7.32.080; Riverside County Ord. No. 527, § 8, 1970; Ord. No. 421, § 1(part), 1974) Sec. 8.08.100. - Reporting suspected rabies. Any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report such facts immediately to the county health officer or th e senior animal control officer, or his authorized designee. In those areas declared by the director of the state department of public health to be regarded as rabies areas (pursuant to California Health and Safety Code § 121690, Regulation and control of dogs; license and vaccination requirements), the senior animal control officer and the county health officer shall be notified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies. (Code 1972, § 8.08.100; Ord. No. 1168, § 2(part), 2005) Sec. 8.08.330. - Rabies suppression, control and quarantine. A. If it shall appear to the senior animal control officer that any animal has rabies, the senior animal control officer may destroy such animal forthwith pursuant to this section, or may hold such animal for further examination or observation for such time as the senior animal control officer may determine to be appropriate. B. Whenever any animal has been bitten by an animal which has rabies, which exhibits any symptoms of rabies, or which is suspected of having or having been exposed to rabies, the owner or the person having custody of such bitten animal shall immediately notify the senior animal control officer, or his authorized designee, a nd shall immediately confine the animal and maintain that confinement until it is established that such animal does not have rabies. The senior animal control officer, or his authorized designee, shall have the power to quarantine such animal, or impound it at the owner's expense if the owner or person having custody of such animal shall fail, refuse, or is unable, in the opinion of the senior animal control officer, or his authorized designee, to adequately confine such animal immediately, or in the event the owner of such animal is not readily accessible. Page | 89 C. Whenever it is shown that any animal has bitten any person, the owner shall, upon the order of the senior animal control officer, or his authorized designee, quarantine such animal on the owner's property or in a veterinary hospital or similar facility and keep the animal confined at the owner's expense for a minimum period of ten days for dogs and cats and 14 days for all other animals, and shall allow the health officer and the senior animal control officer to inspect and examine such animal at any time during such period of quarantine. Animals quarantined pursuant to this subsection shall not be removed from the premises upon which such animal is quarantined without permission of the senior animal contro l officer. The senior animal control officer is authorized to impound any animal at the owner's expense in the event the owner or person having custody of such animal fails or refuses or is unable to so confine such animal. Animals shall remain quarantined until notice is given by the senior animal control officer that such quarantine is terminated. When animal quarantine services are provided, the following standards shall apply: 1. For dogs: the floor size of the cage shall be not less than 24 square feet, w ith a height of not less than 12 inches more than the height of the dog when standing erect on all four feet; 2. For cats and other small animals: the floor size of the cage shall be not less than four square feet with no measurement of less than two feet. D. The senior animal control officer may, in his discretion, post an appropriate sign on any premises where an animal is quarantined to warn the public of such quarantine. It is unlawful for any person to remove such a sign without the permission of the senior animal control officer. E. Whenever the senior animal control officer determines that an epidemic of rabies or any animal disease which threatens the public health or safety exists or is threatened; he shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including, but not limited to, the declaration of quarantine against any or all animals in any area of the city, for a period of not more than 120 days. An additional or extended quarantine period may be declared by the city council if such period shall be deemed necessary by the senior animal control officer for the protection and preservation of the public health, peace and safety. Any quarantine declared pursuant to this subsection, other than as restricted in this chapter, shall be upon such conditions as the senior animal control officer may determine. F. In order to protect the public from the hazard of rabies which has been found to exist in skunks, a quarantine is imposed on skunks to continue until discontinued by the senior animal control officer, and it is prohibited to trap or capture skunks for pets; to trap, capture or hold skunks in captivity for any reason; or to transport skunks from or into the city except pursuant to a permit issued by the state department of health services pursuant to section 2606.8 of title 17, California Administrative Code. (Code 1972, § 8.08.330; Ord. No. 1168, § 2(part), 2005) Sec. 14.16.020. - Private sewage disposal system—Permitted when. Where connection to a public sewer is not required under other provisions of this chapter, an owner may with written permission from the city manager construct private sewage disposal facilities conforming to the requirements of the plumbing code and the health officer. (Code 1972, § 14.16.020; Ord. No. 352, § 202A, 1970) Sec. 14.16.050. - Private sewage disposal system; nuisance action. If the city manager finds that the nuisance is arising from the private disposal of sewage, he shall notify the owner. The owner shall take all necessary steps to abate the nuisance, and shall within 60 days connect to a public sewer if one is accessible to the property and is within 200 feet of the building where the sewage originates. Enlargement of an existing private disposal facility shall n ot excuse an owner from the requirement to connect. If a private disposal facility is removed or rendered inoperative, the work and manner of abandonment shall be nuisance -free and in accordance with the requirements of the plumbing code and health officer . (Code 1972, § 14.16.050; Ord. No. 352, § 203B, 1970) Sec. 14.22.030. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Basin plan means the water quality control plan for the Santa Ana River basin approved by the state water resources control board, together with subsequent amendments. Best management practices (BMP) means any activities, prohibitions, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices designed to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to the stormwater conveyance system and/or receiving waters. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal and drainage from raw materials storage. Building permit means a permit issued pursuant to title 16. Clean Water Act means the Federal Water Pollution Control Act enacted by Public Law 92 -500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USC 1251 et seq.), and any subsequent amendments. Coordinator means the city's stormwater pollution prevention coordinator. County health officer means the health officer of the county department of health or his designee. Page | 90 Development means: 1. The placement or erection of any solid material or structure on land, in water, or under water; 2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; 3. The grading, removing, dredging, mining, or extraction of any materials; 4. A change in the density or intensity of the use of land, including, but not limited to, a subdivision pursuant to the Subdivision Map Act (Government Code sections 66410 et seq.), and any other di vision of land, including lot splits, except where the division of land is brought about in connection with the purchase of such land by a public agency for public recreational use; 5. A change in the intensity of the use of water or of access to water; 6. The construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public or municipal entity; or 7. The removal or harvesting of vegetation to prepare land to be graded (Government Code section 65927). 8. As used in this definition, the term "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. Director means the director of public works for the city, or his designee. Employee training program means a documented employee training program for all persons responsible for implementing a water quality management plan. The employee training program shall include, but is not limited to, all of the following topics: 1. Laws, regulations, and local ordinances associated with stormwater pollution prevention, and an overview of the potential impacts of polluted stormwater on the receiving waters of the county region; 2. Proper handling of all materials and wastes to prevent spillage; 3. Mitigation of spills, including spill response, containment and cleanup procedures; 4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the stormwater conveyance system; 5. Discussion of the di fferences between the stormwater conveyance system and the sanitary sewer system; 6. Identification of all on-site connections to the stormwater conveyance system; 7. Preventive maintenance and good housekeeping procedures; 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with stormwater discharge. Enforcement agency means the city or its authorized agents charged with ensuring compliance with this chapter. Enforcement official means the city's code enforcement super visor or his designee. Hazardous materials means any substance or mixture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through decomposition, heat or other means, if such a substance or mixture of substances may cause, or contribute to, substantial injury, serious illness or harm to humans, domestic livestock, wildlife, or deterioration of receiving water quality or the environment. Illegal discharge means any discharge to the stormwater conveyance system that is not composed entirely of stormwater or stormwater runoff, or that is expressly prohibited by federal, state, or local regulations, laws, codes, or ordinances, or that degrades the quality of receiving waters in violation of Califo rnia Regional Water Quality Control Board NPDES Permit No. CAS 618033, Order No. R8 -2002-0011 and any amendment, and the Riverside County plan standards. Illicit connection means any physical connection (pipe, facility, or other device) to the stormwater c onveyance system permitted or unpermitted by the city, the Riverside County flood control district or any other agency, which allows illegal discharges either directly or indirectly into a stormwater conveyance system. Maximum extent practicable (MEP) means, with respect to best management practices (BMPs), an individual BMP or group of BMPs which reduces or eliminates the discharge of a pollutant of concern, which has a cost of implementation reasonably related to the pollution control benefits achieved an d which is technologically feasible. National Pollution Discharge Elimination System (NPDES) permit means a permit issued by the regional water quality control board or the state water resources control board pursuant to chapter 5.5, division 7 of the Cali fornia Water Code, to control discharges from point sources to waters of the United States, including, but not limited to: 1. California Regional Water Quality Control Board NPDES Permit No. CAS 618033, Order No. R8 -2002-0011 and any amendment, revision or reissuance thereto; 2. General permit for stormwater discharges associated with industrial activities (NPDES No. CAS 000001, Order No. 97-03-DWQ); 3. NPDES general permit for stormwater discharges associated with construction activity (Permit No. 99 -08- DWQ, NPDES General Order No. CAS 000002); and 4. California Regional Water Quality Control Board, Santa Ana Region, General De -Watering Permits. Page | 91 Nonstormwater discharge means any discharge to the stormwater conveyance system that is not entirely composed of stormwater. NPDES general permit means a permit issued by the state water resources control board, including, but not limited to: 1. NPDES general permit for stormwater discharges associated with industrial activities (NPDES No. CAS 000001, Order No. 97-03-DWQ); and 2. NPDES general permit for stormwater discharges associated with construction activity (Permit No. 99 -08- SWQ, NPDES General Order No. CAS 000002). Parking lot means an open area, other than a street or other public way, used for the parking of motorized vehicles , whether for a fee or free, to accommodate clients or customers or to accommodate residents of multifamily dwellings. Person means any individual, organization, business trust, company, partnership, entity, firm, association, corporation, or public agency, including the State of California and the United States of America. Pollutant means and includes, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sedime nt, silt, industrial waste, and any organic or inorganic substance defined as a pollutant under 40 CFR 122.2 the presence of which degrades the quality of the receiving waters in violation of the basin plan standards such as fecal coliform, fecal streptoco ccus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. The term "pollutant" also includes any contaminant which degrades the quality of the receiving waters in violation of the basin plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, temperature and other narrative standards of the basin plan. Premises means any building, lot parcel, real estate, land or portion of land whether improved or unimproved. Receiving waters means surface bodies of water, which serve as receiving points for discharges from the stormwater conveyance system and their tributary creeks, reservoirs, lakes and estuaries, including, but not limited to, the San Jacinto River, Lake Elsinore, and Canyon Lake. Stormwater means surface runoff and drainage associated with storm events and snow melt that flows across a surface to the stormwater conveyance system or receiving waters. For the purposes of this chapter, stormwater runoff and drainage from areas that are in a natural state, have not been significantly disturbed or altered, either directly or indirectly, as a result of human activity, and the character and type of pollutants naturally appearing in the runoff have not been significantly altered, either directly or indirectl y, as a result of human activity, shall be considered unpolluted and shall satisfy the definition of "stormwater" in this chapter. Stormwater conveyance system means private, natural and publicly owned facilities within the city by which stormwater may be conveyed to receiving waters of the United States, including any roads with drainage systems, streets, catch basins, curbs, gutters, ditches, pipes, natural and manmade channels or storm drains. Stormwater pollution prevention plan (SWPPP) means a document which describes the on-site program activities to eliminate or reduce to the maximum extent practicable, pollutant discharges to the stormwater conveyance system primarily through the application and use of BMPs during the construction phase of a project. Stormwater runoff means surface runoff and drainage associated with rain storm events and snow melt. System means "stormwater conveyance system," as defined herein. Urban runoff means water, other than stormwater, that flows from a person's property onto adjacent property, also referred to as nuisance water. Water quality management plan (WQMP) means a document, prepared in a manner pursuant to and consistent with this chapter and the Riverside County Water Quality Management Plan for Urban Runoff: Santa A na River and Santa Margarita River Region (September 17, 2004), found in Appendix O of the Riverside County Drainage Area Management Plan (July, 2005), and any amendment, revision or reissuance thereof, as determined by the coordinator. Said document shall describe the measures intended to eliminate or reduce to the maximum extent practicable, pollutant discharges to the stormwater conveyance system primarily through the application and use of on -site design, source control, and treatment control BMPs after the construction phase (post -construction) of a project. Wet season means the period of time between October 1 through May 31. Wetlands means areas that are inundated or saturated by surface waters or groundwaters at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, b ogs, and similar areas. (Code 1972, § 14.22.030; Ord. No. 1194, § 3(p art), 2006) Sec. 14.22.060. - Exemptions from discharge prohibitions. A. The prohibition of discharges shall not apply to any discharge regulated under a NPDES permit issued to the discharger and administered by the state pursuant to chapter 5.5, division 7, of the California Water Code, provided Page | 92 that the discharger is in compliance with all requirements of the permit and all other applicable laws and regulations. Proof of compliance with such permit may be required, in a form acceptable to the director, prior to or as a condition of a subdivision map, site plan, building permit, or development improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or in upon the reasonable request of the enforcement officer. B. Discharges from the following activities will not be considered a source of pollutants to the stormwater conveyance system or receiving waters and are exempt from the definition of nonstormwater discharge when properly managed as required by applicable federal, state and local laws, regulations or codes: 1. Discharges from potable water line flushing and other potable water sources; 2. Emergency water flows (i.e., flows necessary for the protection of life and property). However, appropriate BMPs shall be considered where practicable when not interfering with emergency public health and safety issues; 3. Discharges from landscape irrigation, lawn/garden watering; 4. Air conditioning condensate; 5. Diverted stream flows; 6. Rising groundwaters or natural springs; 7. Groundwater infiltration (as defined in Board Order No. R8-2002-0011 NPDES No. CAS 618033); 8. Passive foundation drains; 9. Passive footing drains; 10. Foundation and footing drains; 11. Water from crawlspace pumps; 12. Noncommercial vehicle washing (e.g., residential car washing excluding engine degreasing) and car washing fundraisers by nonprofit organizations); 13. Flows from riparian habitats and wetlands; 14. Dechlorinated swimming pool discharges; or 15. Waters not otherwise containing waste as defined in Water Code section 13050(d). C. The prohibition of discharges shall not apply to any discharge which the enforcement official, the county health officer, the regional water quality control board, or the U.S. Environmental Protection Agency determines, and states in writing, is necessary for the protection of the environment, water quality, and public health and safety. (Code 1972, § 14.22.060; Ord. No. 1194, § 3(part), 2006) Sec. 16.12.020. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board of zoning adjustment means the board of zoning adjustment of the city as established in chapter 19.77. Building official means the building official of the city, or his authorized agents, assistants, deputies or representatives. Chief means the chief of the fire department of the city, or his authorized agents, assistants, deputies or representatives. Dangerous building means any building or structure which has any or all of the conditions or defects described in this definition: 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway or other means of exit; 2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than 1½ times the working stress or stresses allowed in the building code of the city; 3. When any portion thereof has been damaged by earth quake, wind, flood or by any other cause, in such manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of the building code of the city for a building of similar structure, purpose or location; 4. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 5. Whenever any portion of the building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one-half that specified in the building code of the city without exceeding the working stress permitted in the building code of the city; 6. Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction; Page | 93 7. Whenever the building or structure or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the p urpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way; 8. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used; 9. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity d oes not fall inside the middle third of the base; 10. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more of damage or deterioration to the member or members, or 50 percent of damage or deterioration of a nonsupporting enc losing or outside wall or covering; 11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts; 12. Any building or structure which has been constructed, or which now exists or is maint ained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of the city as set forth in the building code of the city or of any provisions of the fire regulations of the city, when so determined and reported by the chief, or of any law or ordinance of this state or city relating to the condition, location or structure of buildings; 13. Any building or structure which, whether or not erected in accordance with all applicable laws and ordina nces, has in any nonsupporting part, member or portion, less than 50 percent or in any supporting member less than 66 percent of the strength, fire resistive qualities or characteristics or weather resisting qualities or characteristics required by law or ordinance in the case of a newly constructed building of like area, height and occupancy in the same location; 14. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty constructio n or arrangement, or otherwise is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease, when so determined by the city's health officer, or is likely to work injury to the health, safety or general welfa re of those living within; 15. Whenever a building or structure, used or intended to be used for dwelling purposes, has light, air and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within; 16. Whenever any building or structure by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause is in such condition as to be a fire hazard and is so situated as to endanger life or other build ings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause; 17. Any building or structure having broken windows constituting a hazardous condition. Director of public works means the official of the city responsible for the administration of the public works department of the city. The term "director of public works" means the director of public works or his authorized agents, assistants, deputies or representatives. Health officer means the official of the city or the county responsible for the enforcement of laws, ordinances, rules and regulations of the state, county and city relating to public health, sanitation, food handling and environmental health including his authorized agents, assistants, or deputies or representatives. Occupy means to use for human habitation for living, sleeping, cooking or eating purposes, or any combination thereof or for the conduct of any business, profession, occupation or calling, including the storage of m erchandise or materials of any kind, or the keeping of fowls and animals. Public nuisance means all dangerous buildings, and all buildings or structures which are structurally unsafe, or are partially destroyed by fire, or not provided with adequate egress , or which constitute a fire hazard, as specified by the fire regulations of the city, or any other provisions of law, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare , by reason of inadequate maintenance, old age, neglect, decay, dilapidation, obsolescence, or abandonment as specified in the building code of the city, or any other provisions of law. Such public nuisance shall be repaired, vacated or demolish ed as provided in this chapter. (Code 1972, § 16.12.020; Ord. No. 929, § 2(part), 1992) Page | 94 City of Rancho Mirage Chapter 8.04 – Food Handlers 8.04.020 Definitions. Health officer means the health officer of the county, or his designated representative. 8.04.050 Food worker’s certificate— Application. If a food worker’s certificate is required, it must be filed with the health officer. 8.04.060 Food worker’s certificate— Qualification. An examination to prove knowledge set forth in the Food Worker’s manual will be conducted by the health officer. 8.04.080 Food worker’s certificate— Duplicate. A duplicate certificate may be issued by the health officer for a fee of $1.00. 8.04.090 Food worker’s certificate— Revocation. The food worker's certificate may be revoked by the health officer. 8.04.100 Food worker’s certificate—Appeal. If a person has had their food worker’s certificate application denied or revoked by the health officer, they may appeal to the clerk of the board of supervisors. Chapter 8.08 – Restaurant Regulations 8.08.040 Inspection—Grades. All restaurants shall be inspected and graded uniformly by the health officer. The grade cards shall be provided by the health officer. The grade card shall be posted in a conspicuous place selected by the health officer and shall only be removed by the health officer. Chapter 8.09 – Testing of Water Backflow Prevention Devices 8.09.010 Certificate of competency required. No person shall inspect, maintain or test water backflow prevention devices, as defined and required by Section 7583, etc., of Title 17 of the California Administrative Code, in the incorporated areas of the city, unless he has been issued a certificate of competency by the county health officer. 8.09.020 Written report of inspection. The written report of inspection of a back-flow prevention device shall be made available to the health officer either by the owner of the device of the certificated person. 8.09.030 Revocation of certificate. Any certificated person who falsifies inspection, maintenance or test reports, pursuant to Title 17 of the California Administrative Code, may have his certificate of competency immediately revoked by the health officer and, if revoked, shall not be considered for recertification for a period of three years. Page | 95 Full Text of Municipal Code 8.04.020 Definitions. As used in this chapter, the following words and phrases shall have the following meanings: A. Food worker’s certificate means a statement issued by the health officer certifying that a person has satisfactorily demonstrated his or her competency in food sanitation principles and practices. B. Food Worker’s Manual means the manual prepared and distributed to food handlers by the health officer that describes acceptable procedures and sanitary practices as it pertains to the retail food service industry. C. Health officer means the health officer of the county, or his designated representative. (Ord. 340 § 2, 1986; Ord. 141 § 2, 1978) 8.04.050 Food worker’s certificate— Application. Any person who is engaged or intends to engage in an occupation or employment for which a food worker’s certificate is required by Section 8.04.030 shall file with the health officer an application for such certificate or a renewal thereof in such forms as the health officer may require, which application shall be accompanied by a nonrefundable fee of five dollars; provided, however, students sixteen years of age or older engaged in school food operations are exempted from such fee. (Ord. 340 § 4, 1985; Ord. 141 § 5, 1978) 8.04.060 Food worker’s certificate— Qualification. To qualify for the issuance or renewal of a food worker’s certificate required by Section 8.04.030, the applicant shall have demonstrated his or her knowledge of acceptable practices in the sanitary preparation, service, storage, distribution and sale of food and beverages and the proper sanitation of equipment and facilities. Such demonstration of knowledge shall be by satisfactorily passing an examination conducted by the health officer on such subjects, based on the practices and procedures set forth in the Food Worker’s Manual. A copy of the latest edition of the manual shall be made available by the health officer to those persons applying for a food worker’s certificate or renewal thereof. (Ord. 340 § 5, 1986; Ord. 141 § 6, 1978) 8.04.080 Food worker’s certificate— Duplicate. A duplicate food worker’s certificate, for good cause, may be issued by the health officer for a fee of one dollar. (Ord. 141 § 8, 1978) 8.04.090 Food worker’s certificate— Revocation. The food worker’s certificate may be revoked by the health officer upon evidence indicating repeated or continuing violations of accepted practices and procedures in the preparation, service, storage, distribution, or sale of food or beverages, or upon evidence indicating falsification of information required for issuance of such certificate. (Ord. 340 § 7, 1986; Ord. 141 § 9, 1978) 8.04.100 Food worker’s certificate—Appeal. Any person who has an application for a food worker’s certificate denied by the health officer, or who has had such a certificate revoked by the health officer, may appeal such denial or revocation by filing with the clerk of the board of supervisors, within ten days after the date of such denial or revocation, a written notice of appeal briefly setting forth the reasons why such denial or revocation is not proper. The clerk shall give notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the board of supervisors which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. (Ord. 141 § 10, 1978) 8.08.040 Inspection—Grades. All restaurants shall be inspected and graded uniformly by the health officer. The grade of each restaurant shall be computed and determined by adding together the scores attained for equipment and methods on the scorecard and then dividing the sum by two. The grade of each restaurant shall be eviden ced by the posting of a grade card bearing a letter A, B, C. The letter A indicates a grade of ninety percent or higher. The letter B shall indicate a grad e of less then ninety percent, but not less than eighty percent. The letter C indicates a grade of not less than eighty percent. The grade cards shall be provided by the health officer and shall be of dimensions of not more than nine inches by eleven inches, and the grade letter shall not be more than five inches in height. Grade A cards shall be printed in blue, grade B cards in green, and grade C cards in red, all on white stock. The grade cards shall be posted in a conspicuous place selected by the health officer at or near each entrance to the restaurant provided by its patrons and shall be removed onl y by the health officer; provided, however, that private schools shall not be required to post a grade card. (Ord. 100 § 111, 1976; Ord. 49 § 4, 1974) 8.09.010 Certificate of competency required. No person shall inspect, maintain or test water backflow prevention devices, as defined and required by Section 7583, etc., of Title 17 of the California Administrative Code, in the incorporated areas of the city, unless he has been issued a certificate of competency by the county health officer. (Ord. 181 § 1, 1980) 8.09.020 Written report of inspection. Whenever any certificated person inspects, tests or repairs a water back-flow prevention device, he shall give a written report to the owner of the device certifying that it meets all the requirements of Title 17 of the California Administrative Code. The written report shall contain a separate statement, in capital letters, that a copy of the report shall be kept by both the owner of the device and the certificated person for a period of not less than two years from the date of the report. The written report shall be made available to the health officer by either the owner of the device or the certificated person at any reasonable time during the working day. (Ord. 181 § 1, 1980) Page | 96 8.09.030 Revocation of certificate. Any certificated person who falsifies inspection, maintenance or test reports, pursuant to Title 17 of the California Administrative Code, may have his certificate of competency immediately revoked by the health officer and, if revoked, shall not be considered for recertification for a period of three years. (Ord. 181 § 1, 1980) Page | 97 City of Riverside Chapter 5.66 – Ambulances Section 5.66.220 Mutual aid requirements. Whenever the Health Officer determines that ambulance resources within the City are inadequate to respond to a City emergency/disaster, a request for emergency ambulance mutual aid may be made by him or her to any other County Health Officer within any County of the State or adjoining states. Whenever the Health Officer receives a request involving emergency ambulance mutual aid from any other County Health Officer, such resources may be provided as are available. Chapter 6.04 – Solid Waste and Recycling Material Section 6.04.120 Manure removal from premises. Unless all manure accumulating on any premises is removed daily, boxes or receptacles of a design and construction acceptable to the Riverside County Health Officer shall be provided by each owner, le ssee, tenant or occupant of such places, and the boxes or receptacles shall be used only for the purpose of containing the accumulation of manure and shall be kept tightly closed at all times except when manure is being placed therein or removed therefrom, and in no instance shall manure be so placed in such boxes or receptacles in such a manner as to prevent the tight closing of the lid. The boxes or receptacles shall be maintained to prevent access to the contents thereof by flies. The contents of the boxes or receptacles shall be removed as often as filled, or more often if so required by the Health Officer or his authorized representatives. Chapter 19.217 – Residential Livestock Overlay Zone 19.217.030 Development and Use Standards. The premises where such animals are kept shall be maintained in a clean, neat and sanitary condition at all times in order to insure the public health, safety, comfort, convenience and general welfare. Unless all animal manure on the premises is removed from the premises daily, said manure accumulated each day shall be placed in boxes or receptacles of a design and construction acceptable to the Riverside County Health Officer, and the boxes or containers maintained to prevent access to the contents thereof by flies and to pr event offensive odors. All watering troughs shall be maintained so as to prevent the breeding of mosquitoes. Page | 98 Full Text of Municipal Code Section 5.66.220 Mutual aid requirements. Whenever the Health Officer determines that ambulance resources within the City are inadequate to respond to a City emergency/disaster, a request for emergency ambulance mutual aid may be made by him or her to any other County Health Officer within any Cou nty of the State or adjoining states. Whenever the Health Officer receives a request involving emergency ambulance mutual aid from any other County Health Officer, such resources may be provided as are available. A. Where a franchisee needs additional equipment or personnel beyond that which it is usually able to supply, the franchisee shall contact the Health Officer and request his or her assistance to obtain such additional resources from adjacent area providers within the County. B. Whenever the Health Officer or his designee determines that ambulance resources within the City are inadequate or nonexistent because a franchisee has either been suspended, revoked or not extended, then the Health Officer or Administrator may order another ambulance service to provide service in the City until a permeant provider can be selected by the Council. (Ord. 7345 § 14, 2016; Ord. 7232 § 1, 2013; Ord. 5761 § 1, 1989) Section 6.04.120 Manure removal from premises. Unless all manure accumulating on any premises is removed daily, boxes or receptacles of a design and construction acceptable to the Riverside County Health Officer shall be provided by each owner, lessee, tenant or occupant of such places, and the boxes or receptacles shall be used only for the purpose of containing the accumulation of manure and shall be kept tightly closed at all times except when manure is being placed therein or removed therefrom, and in no instance shall manure be so placed in such boxes or receptacles in such a manner as to prevent the tight closing of the lid. The boxes or receptacles shall be maintained to prevent access to the contents thereof by flies. The contents of the boxes or receptacles shall be removed as often as filled, or more often if so required by the Health Officer or his authorized representatives, except that the provisions of this section shall not apply to premises located in the RA Zone as now bounded and defined or may be hereafter bounded and defined by the Zoning Ordinance and other ordinances of the City and amendments thereto. (Ord. 5928 § 1, 1991; Ord. 4189 § 1 (part), 1975) 19.217.030 Development and Use Standards. Permitted uses in the Residential Livestock Overlay Zone shall be any use permitted in the single-family residential zone with which said zone is combined; provided, however, that the following regulations shall prevail notwithstanding any contrary requirements in the underlying single -family residential zone: A. Not more than a total of two horses, ponies, mules, cows, goats and sheep, and swine and pigs subject to the provisions of Subsection B of this section, or a total of two of any combination thereof shall be kept on any lot; provided that said lot has a minimum area of twenty thousand square feet; and further provided that one additional such animal may be kept for each additional ten thousand square feet over the minimum area requirement; B. Swine or pigs shall be permitted in the Residential Livestock Overlay Zone only upon the condition that said animals are kept and maintained as a duly authorized Future Farmers of America or 4-H project; C. Offspring of permitted animals shall not be counted in determining the permitted number of animals if such offspring do not exceed the following age limitations: 1. Cattle, twenty-four months; 2. Horses, eighteen months; 3. Ponies, eighteen months; 4. Mules, eighteen months; 5. Sheep, twelve months; RIVERSIDE MUNICIPAL CODE RIVERSIDE, CALIFORNIA 6. Goats, twelve months; 7. Pigs, sixty days; 8. Swine, sixty days; D. All animals permitted pursuant to this section shall be housed, penned or pastured at least sixty feet from any residence, excluding the residence on the lot where the animals are kept; E. The premises where such animals are kept shall be maintained in a clean, neat and sanitary condition at all times in order to insure the public health, safety, comfort, convenience and general welfare. Unless all animal manure on the premises is removed from the premises daily, said manure accumulated each day shall be placed in boxes or receptacles of a design and construction acceptable to the Riverside County Health Officer, and the boxes or containers maintained to prevent access to the contents thereof by flies and to prevent offensive odors. All watering troughs shall be maintained so as to prevent the breeding of mosquitoes. Said pre mises shall be maintained in accordance with all applicable ordinances, laws, rules, and regulations pertaining to the care of animal habitation, manure removal, fly-producing conditions, and mosquitoes. (Ord. 7331 §21, 2016; Ord. 6966 §1, 2007) Page | 99 City of San Jacinto Chapter 5.32 – Massage Parlors 5.32.150 Employee—Health certificate. Before authorizing the issuance of a permit, the chief of police shall submit the name and address of the applicant to the county health officer and shall advise the applicant that he or she must report for examination. Chapter 8.28 – Food Handlers 8.28.020 Definitions. “Health officer” means the health officer of the county of Riverside, or his or her designated representative. 8.28.070 Certificate—Application. If a food worker’s certificate is required, it must be filed with the health officer. 8.28.080 Certificate—Qualifications. An examination to prove knowledge set forth in the Food Worker’s manual will be conducted by the health officer. 8.28.090 Certificate—Issuance. If a person’s health requires further investigation by the health officer, then they may be issued a temporary food handler’s certificate. The temporary certificate may not be valid for longer than three months. 8.28.100 Certificate—Duplicates. A duplicate certificate may be issued by the health officer for a fee of $1.00. 8.28.110 Certificate—Revocation. The food worker's certificate may be revoked by the health officer. 8.28.120 Appeals. If a person has had their food worker’s certificate application denied or revoked by the health officer, they may appeal to the city clerk. Chapter 8.32 – Garbage Collection and Disposal 8.32.010 Definitions. “Health officer” means the health officer of the county of Riverside. 8.32.030 Containers—Requirements. Every person in charge of a residence, commercial or industrial business shall deposit all refuse in standard containers or commercial bins as approved by the health officer and the solid waste supervisor. 8.32.070 Hazardous waste hauling requirements. Every person who collects or hauls hazardous or extremely hazardous waste shall i mmediately notify the health officer, in writing, listing specific information. Chapter 16.04 – General Provisions 16.04.050 Definitions. “County health officer” means the health officer of Riverside County. Page | 100 Full Text of Municipal Code 5.32.150 Employee—Health certificate. A. Before authorizing the issuance of a permit, the chief of police shall submit the name and address of the applicant to the county health officer and shall advise the applicant that he or she must report for examination . The chief of police shall not authorize the issuance of a permit until advised that the applicant has been examined by the county health officer and has been found to be free of any contagious communicable disease. B. In addition to the requirements in subsection A of this section, every one hundred twenty (120) days, the applicant shall submit to the chief of police a certificate from a medical doctor stating that the applicant has, within fifteen (15) days immediately prior thereto, been examined and found to be free of any contagious or communicable disease; and if the applicant is not found free of any contagious or communicable disease, his or her permit shall be revoked by the chief of police. Failure to provide such health certificate shall result in r evocation of the permit held by the applicant. (Prior code § 5.44.150) 8.28.020 Definitions. As used in this chapter, the following words and phrases shall have the following meanings: “Food worker’s certificate” means a statement issued by the health officer certifying that a person is free from active communicable tuberculosis in a manner acceptable to the health officer, and has satisfactorily demonstrated his or her competency in food sanitation principles and practices. “Food worker’s manual” means the manual prepared and distributed to food handlers by the health officer that describes acceptable procedures and sanitary practices as it pertains to the retail food service industry. “Health officer” means the health officer of the county of Riverside, or his or her designated representative. (Prior code § 8.08.020) 8.28.070 Certificate—Application. Any person who is engaged or intends to engage in an occupation or employment for which a food worker’s certificate is required by Section 8.28.040 of this chapter shall file with the health officer an application for such certificate or a renewal thereof in such form as the health officer may require, which application shall be accompanied by a nonrefundable fee of five dollars ($5.00); provided, however, students sixteen (16) years of age or older engaged in school food operations are exempted from such fee. (Prior code § 8.08.070) 8.28.080 Certificate—Qualifications. To qualify for the issuance or renewal of a food worker’s certificate required by Section 8.28.040 of this chapter, the applicant shall be certified to be free from active communicable tuberculosis and shall have demonstrated his or her knowledge of acceptable practices in the sanitary preparation, service, storage, distribution and sale of food and beverages and the proper sanitation of equipment and facilities. Such demonstration of knowledge shall be by satisfactorily passing an examination conducted by the health officer on such subjects, based on the practices and procedures set forth in the food worker’s manual. A copy of the latest edition of said manual shall be made available by the health officer to those persons applying for a food worker’s certificate or renewal thereof. (Prior code § 8.08.080) 8.28.090 Certificate—Issuance. A. When qualified pursuant to Section 8.28.080 of this chapter, the applicant shall be issued a food worker’s certificate containing the following information: certificate number, name, home address, expiration date and attesting signature. Such certificate shall expire one year after the date it was issued. B. Any person whose health, in the opinion of the health officer, requires further investigation may be issued a temporary food handler’s certificate at the discretion of the health officer for a period not to exceed three months, during which time such investigation shall be carried out to determine whether or not active communicable tuberculosis is present. (Prior code § 8.08.090) 8.28.100 Certificate—Duplicates. A duplicate food worker’s certificate, for good cause may be issued by the health officer for a fee of one dollar ($1.00). (Prior code § 8.08.100) 8.28.110 Certificate—Revocation. The food worker’s certificate may be revoked by the health officer upon evidence indicating repeated or continuing violations of accepted practices and procedures in the preparation, service, storage, distribution or sale of food or beverages, or upon evidence indicating falsification of information required for is suance of such certificate, or an infectious condition creating a hazard to the public or co-workers. (Prior code § 8.08.110) 8.28.120 Appeals. A. Any person who has an application for a food worker’s certificate denied by the health officer or who has had such a certificate revoked by the health officer, may appeal such denial or revocation by filing with the city clerk within ten (10) days after the date of such denial or revocation, a written notice of appeal briefly setting forth the reasons why such denial or revocation is not proper. The city clerk shall give notice of the time and place of the hearing to the appellant. B. The appeal shall be heard by the city council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. (Prior code § 8.08.120) Page | 101 8.32.010 Definitions. Whenever the following terms are used in this chapter, they shall have the meanings as defined in this section: “Bulk household waste” means all discarded household waste matter which is too large to be placed in an approved solid waste container including, but not limited to, vehicle tires and/or wheels, furniture, appliances, discarded carpets, discarded mattresses, discarded electronic equipment, residential wastes (including wood waste, tree branches, scrap wood) and similar large items produced from residential premises. “Commercial establishments” means groceries, eating establishments, packi ng and processing plants, as well as all other establishments which are operated for business purposes, and such other establishments as the city council may designate as coming under the classification of commercial establishments. “Extremely hazardous waste” means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or illness during, or as a proximate result of, any disposal of such waste or mixture of wastes because of its quality, concentration, or chemical characteristics. “Garbage” means all animal or vegetable waste or residue from kitchen canneries, packinghouses, slaughterhouses, bakeries, restaurants, distilleries, wineries, markets or other food-handling or food-processing places and all household waste or residue resulting from the preparation, handling, care or treatment of food. “Green waste” means organic waste generated from any landscape, including grass clippings, leaves, prunings, tree trimmings, pine needles, weeds, branches and brush not exceeding three inches in diameter. “Hazardous waste” means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to wildlife, during, or as a proximate result of any disposal of such wastes or mixture of wastes. The terms “toxic,” “corrosive,” “flammable,” “irritant” and “strong sensitizer,” are given the same meaning as in the California Hazardous Substances Act in Health and Safety Code Sections 28740 et seq. “Health officer” means the health officer of the county of Riverside. “Male” includes female or neuter. “Noncompactable solid waste” means abandoned vehicles and large parts thereof, large discarded home and industrial appliances, demolition and construction wastes, tree stumps or branches, hot ashes, or other large items which individually weigh in excess of fifty-five (55) pounds or which measure in excess of four feet in length or four cubic feet in size. In addition, “noncompactable solid waste” includes any items which the solid waste supervisor determines may damage collection equipment or be dangerous or hazardous if compacted. “Permittee” means any person who has been issued a permit to collect or transport refuse under the provisions of this chapter. “Person” means any individual, firm, corporation, association or municipality. “Plural” includes the singular. “Recyclable materials” means newsprint, paper, cardboard or other paper products, glass, aluminum cans, tin cans, plastic containers, and green waste. “Refuse” means any combination or mixture of garbage and rubbish as defined in this section. “Refuse collector” means any person who operates service routes for the collection and disposal of refuse from residential, commercial or industrial buildings. “Refuse transporter” means any person who transports refuse from central collection points to a hog ranch or to a d isposal site, but does not operate service routes for the collection of refuse from residential, commercial or industrial buildings. “Residences” means single-family dwellings and residences for not more than two families occupying separate living quarters therein. “Rubbish” means all nonputrescible waste matter or debris, including both combustible and noncombustible materials, that result from normal household, community, and business activities, including grass clippings and tree trimmings. “Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes, including recyclable materials; green waste; bulk construction waste (as defined in Chapter 8.34); garbage; trash; debris; refuse; paper; rubbish; industrial wastes; commercial wastes; abandoned vehicles and parts thereof (including tires and wheel rims); discarded home and industrial appliances; dewatered, treated or chemically fixe d sewage sludge which is not hazardous waste; manure, vegetable or animal solid or semi-solid wastes; ash, except for ash residue from the incineration of infectious waste; and other discarded solid and semi-solid wastes not otherwise defined in this chapter. “Solid waste supervisor” means the city manager or his or her authorized representative. (Ord. 05 -08 §§ 2(A), 2(B); Ord. 1064 § 1, 1999; prior code § 13.68.010) 8.32.030 Containers—Requirements. A. Every person in charge of a residence, commercial or industrial business shall deposit or cause to be deposited all refuse in standard containers or commercial bins as approved by the health officer and the solid waste supervisor. Page | 102 B. A standard container shall be made of metal or plastic, watertight and covered with a tight-fitting lid, and shall be provided by or approved by the person or firm authorized by the city to collect solid waste. C. Garbage containers shall be kept in a clean and sanitary condition. D. Solid waste containers shall be placed as directed by t he permittee. Except as otherwise authorized by the city, no container or bin with a capacity greater than ninety (90) gallons may be placed in any public right -of-way. No bin or container shall be filled to the extent that the lid cannot be closed tightly. Swill must be placed in one or more sealed containers by the customer prior to pickup by the permittee. Permanent bins shall be placed on hard surface locations which are accessible to the permittee entirely on the customer’s property. E. Garbage shall be separately bagged or wrapped before placing in container. F. No person shall maintain or place for collection any container not in conformance with the standard container described in this section, and no person authorized to collect refuse shall remove contents of containers not in conformance with said standard container. G. No container shall be placed adjacent to a street or public right -of-way for collection service more than twelve (12) hours prior to the normal collection time and shall be removed from the street or right-of-way location within twelve (12) hours after collection. H. In all cases of disputes or complaints arising from or concerning the place where the container shall be set out for collection, the solid waste supervisor shall specify the place, and his or her decision shall be final and binding. (Ord. 05-08 § 2(D); prior code § 13.68.030) 8.32.070 Hazardous waste hauling requirements. Every person who collects or hauls hazardous or extremely hazardous waste shall immediately notify the health officer, in writing, listing the following information: A. The name, address and telephone number of collector or hauler; B. The name, address and telephone number of the facilities from which the hazardous or extremely hazardous waste is collected; C. A description of the type of hazardous or extremely hazardous waste collected, as represented in writing by the administrator of the facility including the amounts collected, measured in cubic feet and the frequency of the collection; D. The name, address and telephone number of the waste disposal facility that is used for the final disposal of the hazardous or extremely hazardous waste. (Prior code § 13.68.070) 16.04.050 Definitions. Except as otherwise provided in this title, all terms used in this title which are defined in the Subdivision Map Act are used in this title as having the same meaning as ascribed hereto in the Subdivision Map Act unless from the context hereof it clearly appears that a different meaning is intended. “Access rights” means the right, claim, title or privilege of access, by pedestrians or vehicles to a parcel of land has been granted by a written permanent and recorded easement, dedication or offer of dedication for a public or private street or way. “Alley” means a public way for pedestrian or vehicle use which affords only a secondary means of access to abutting properties. “Approved” means approved by the planning commission and/or the city council or by the person or department having jurisdiction on such matters, unless otherwise specified. “Arterial street” means a divided highway primarily for through traffic as defined in the general plan to which access from abutting property shall be kept at a minimum, with new lots to be restricted from access or no more than one drive every five hundred (500) feet when access must be granted. “Article” means an article of this title unless some other statute or other ordinance is referred to. “Block” means an area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys and the exterior boundary of boundaries of the subdivision. “City” means the city of San Jacinto. “City council” means the city council of the city of San Jacinto. “City engineer” means the engineer or his representative, as designated by the city council, to discharge for the city those duties prescribed hereinafter to be performed by the city engineer. “City standards” refers to specific and general plans, ordinance, standard streets and highway plans, standard streets and highway specifications, water standard plans, water specifications, sewer standard plans, sewer specifications, and all other ordinances, standards, plans and specifications setting standards of the city as adopted by the city council. “Collector street” means a street which is intended to serve extensive residential land use, multiple-family dwellings or to convey traffic through or within a subdivision to roads of equal capacity or greater as defined in the general plan. “County” means the county of Riverside. “County health officer” means the health officer of Riverside County. “County recorder” means the recorder for Riverside County. Page | 103 “County surveyor” means the county surveyor for Riverside County. “Cul-de-sac street” means a street having access at only one end and wit h special construction provided at the other end for adequate turning radius for vehicular traffic. The further extension of such street is precluded by the subdivision design. “Dead-end street” means a street having access only at one end and with no special construction provided at the other end for turning around of vehicular traffic. The street may be extended in the future into adjoining property. “Department of transportation” means the Department of Transportation of the state of California. “Director of planning” or “planning director” means the person as designated by the city council, to discharge for the city these duties prescribed hereinafter to be performed by the planning director as authorized by Chapter 3, Division 1, Title 7 of the Government Code, Statutes of the state of California. “Double frontage” means a lot having frontage on two parallel or nearly parallel streets. “Expressway” means a divided highway for through traffic to which access from abutting property is restricted. Intersect ions with other streets or highways shall be limited to approximately one-half mile intervals. “Final map” means a map showing the division of land for a subdivision and is prepared in accordance with the provisions of the Subdivision Map Act of the state and with the provisions of this title, which map is designed to be fled in the officer of the county recorder. “Flood control work” or “drainage work” includes all means of conveying or storing storm waters, including natural watercourses, improved drainage channels, retarding basins, closed conduits or pipes, and authorized or existing flood control channels. “Flood hazard” means a substantial possibility of damage to life or property by overflow water, ponded water, or other water on the surface of the land or by debris or silt carried in such water. “Freeway” means a highway upon which the abutter’s right of access is controlled, and which provides separated grades at intersecting streets and is designated as a freeway by the California State Department o f Transportation or other governmental agency. “Frontage road” see “service road.” “General plan” means a general or master plan, or any element thereof, adopted by the city, and as defined in the Conservation and Planning Law, Article 7, of Chapter 3, of Title 7, of the Government Code, state of California. “Highway” see “Street.” “Improvements” means all street work, equestrian trails, water system work, sewer system work, flood control and drainage works, street light installations, utility installations, and other required works as specified in the conditions of approval of the tentative map as a requirement for the land divider to construct or install as a condition precedent to the acceptance of the final map thereof. “Industrial street” means a street primarily intended for pedestrian or vehicular access to abutting properties used for industrial purposes. “Inundation” means ponded water or water in motion of sufficient depth to damage life or property or to deposition of silt or debris. “Limited vehicular access” means the owners or occupants of abutting lands to a public way, other than as pedestrians or equestrians, have access only at specifically designated points. “Local street” means a street intended wholly or principally for traffic origin ating or terminating at residential properties within the immediate vicinity of said street. “Lot” means a parcel of real property with a separate and distinct number or other designation shown on a final map or parcel map which is filed in the office of the county recorder and which parcel has access to at least one street. “Major street” means a street intended for the movement of major volumes of traffic through the city or serving to collect traffic from two or more intersecting secondary streets as defined in the general plan. Access from abutting properties shall be kept at a minimum, not to exceed one drive for each two hundred fifty (250) feet and intersections with other streets shall be limited to approximately one-eighth mile intervals. “Master plan” see “General plan.” “May” is permissive. “Net area” excludes dedications and easements for access of ingress or egress from property or for easements for street or pedestrian purposes irrespective whether easements are public or private. “Non-access,” labeled on a recorded map means that access rights have been relinquished by appropriate dedication certificate on the final map. “Non-vehicular access,” labeled on a recorded map means that vehicular access rights have been relinquished by an appropriate dedication certificate on the final map. “Parcel of land” means a contiguous quantity of land or real property in the possession of, or owned by, or recorded as the property of the same claimant or person. Page | 104 “Parcel map” means a map showing the division of land for a subdivision containing four or less parcels and is prepared in accordance with the provisions of the Subdivision Map Act and with the provisions of this title and which map is designated to be filed in the office of the county recorder. “Parkway” means that property within a street that lies between the portion reserved for vehicular traffic and the right -of- way line. “Part-width street” means any street the improved width of which is less than the width necessary for a normal full -width street as required by the city standards. “Person” means any individual, firm, copartnership, joint venture, association club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. “Planning commission” means the planning commission of the city of San Jacinto. “Private street” means any parcel of land not dedicated as a public street, but used or intended to be used for the exclusive use of a limited and specified number of people for ingress or egress from, a lot or lots which may or may not have frontage on a public street. Access to the private street by the public may be controlled by the land di vision design, posting or gating. “Public way” includes street, highway, avenue, boulevard, parkway, road, lane, walk, alley, channel, viaduct, subway, tunnel, bridge, public easement, public right-of-way, and other ways in which the right-of-way has been dedicated or deeded to a public agency for such purpose. “Right-of-way” means the entire width of property of a public way. “Secondary street” means a street for the movement of large volumes of traffic through the city or serving to collect traffic from two or more intersecting collector streets as defined in the general plan. “Section” means a section of this title, unless some statute or other ordinance is referred to. “Service road” or “frontage road” means a local street which is parallel to and adjace nt to freeways, expressways, arterial highways, major highways, and secondary highways and which provides access to abutting properties. “Shall” is mandatory. Singular and Plural. Words used in the singular number include the plural and words used in the plural number include the singular. “Specific plan” means a specific plan, or any element thereof, adopted by the city, as defined in the Conservation and Planning Act, Article 10, Chapter 3, Division 1, Title 7, of the Government Code, state of California. “Street” means a public or private way which is intended for the primary use of vehicular and pedestrian traffic. Subdivider or Landdivider. “Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity are not “subdividers.” “Subdivision” means the division by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights -of-way. “Subdivision” includes a condominium project, as defined in Section 1350 of the Civil Code or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. “Subdivision Map Act” means the Subdivision Map Act as set forth in Division 2 of the Government Code of the state of California. “Tentative map” means a map prepared in accordance with the provisions of the Subdivision Map Act of the state, and with the provisions of this title for the purpose of showing the design of a proposed subdivision, the existing conditions in and around it, and it need not be based upon a detailed final survey of the property. “Vehicular access rights” means the right, easement or access of the owners or occupants of abutting lands to a public way other than as pedestrians. “Walkway” means a passageway intended for pedestrian use only. “Watercourse” means any natural or manmade channel where water is concentrated and/or collected from a tributary drainage area. “Zoning ordinance” means the ordinance, as adopted by the city, and all subsequent amendments thereto, establishing land classifications and regulating the use of property therein, defining the terms used in the ordinance, providing for the adjustment, enforcement and amendment thereto and prescribing penalties for its violation. (Prior code § 16.04.050) Page | 105 City of Temecula Chapter 5.22 – Massage and Massage Establishments 5.22.060 Application for massage technician permit. The health officer and/or the police department shall develop and establish standards and procedures for the panel governing the administration of examinations for applicants for a massage technician license in order to determine whether such applicants are competent to engage in the practice of massage, and the health officer and/or the police department shall exercise such supervision as may be necessary to assure compliance therewith. 5.22.100 Health certificate. Before issuing or renewing a massage technician permit, the chief of police shall submit the name and address of the applicant to the county health officer and shall advise the applicant that he or she must report for examination or, alternatively, the applicant may report to a private medical doctor duly licensed to practice medicine in the state of California for examination Chapter 6.02 – Keeping and Controlling Dogs and Cats – Control and Suppression of Rabies 6.02.010 Definitions. “Health officer” means the health officer of the county of Riverside or duly authorized representative. Chapter 6.04 – Seizure of Hurt Animals 6.04.060 Need for immediate seizure not present – Preseizure procedure. Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings, the health officer shall provide the owner or keeper of the animals, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal. 6.04.120 Hearings. All hearings conducted pursuant to this chapter shall be conducted by the health officer or his designee (hearing officer), who shall not have been directly involved in the subject action and shall not be subordinate in rank to the person seizing or impounding the animal. Page | 106 Full Text of Municipal Code 5.22.060 Application for massage technician permit. A. Any person desiring a massage technician permit shall file a written application on the required form with the police department. The application shall be accompanied by the appropriate filing fee established by resolution of the city council. The application shall contain the following information: 1. A statement of the exact location(s) where the applicant will be working as a massage technician, including the full street address, business name, and all telephone numbers associated with each such location, and the following personal information concerning the applicant: a. Full, complete and true name, including all other names ever used by the applicant, residential address, telephone number, and copy of driver’s license or other picture identification card issued by a governmental authority, b. All previous residential addresses for eight years immediately preceding the current address of the applicant, c. Acceptable written proof that the applicant is at least eighteen years of age, d. Proof of legal residency and/or the ability to legally work in the United States, e. Height, weight, color of hair and eyes and gender, f. Two front-faced portrait photographs at least two inches by two inches in size, g. The business, occupation and employment history of the applicant for the eight years immediately preceding the date of the application, h. The complete permit history of the applicant and whether such person has ever had any license or permit , issued by any agency, board, city or other jurisdiction, denied, revoked or suspended and the reasons therefor; 2. All criminal convictions occurring in any state or country, including pleas of nolo contendere, within the last ten years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding traffic infractions, violations, and the date and place of each such conviction and reason therefor; 3. A complete set of fingerprints taken by the police department; 4. Such other information and identification as the chief of police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application; 5. Authorization for the city, its agents and employees to verify all information contained in the application, including, but not limited to, performing a complete criminal history background check; 6. A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct; 7. A statement in writing and dated by the applicant certifying under penalty of perjury that he or she: a. Has received a copy of this chapter, b. Understands its contents, and c. Understands the duties of a massage technician as provided in this chapter; 8. The health certificate required by Section 5.22.100; 9. If, during the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the police department of such change wit hin ten business days thereafter, in writing. B. Each applicant must furnish, along with his or her photograph, an original or certified copy of a diploma or certificate and certified transcript of graduation evidencing completion of five hundred hours of ins truction from an approved or recognized school of massage, wherein the method, practice, profession, theory, ethics, anatomical and physiological knowledge and practice of massage is taught by state certified instructors. The applicant must also supply a c ourse description, an outline of material covered and a letter to the city from the school administrator verifying completion. 1. The chief of police may consider an applicant’s study of massage completed outside the state of California, at a licensed educational institution if proof of completion from a formalized course of study in massage practice, anatomy and/or physiology is provided with the application. Proof of completion shall include dates of study and the name, address and phone number of the school attended. 2. Any outside course of study submitted for approval shall meet the state of California’s Office of Post - Secondary Education’s minimum requirements and all requirements set forth in Subchapter 3 of Chapter 21 of Division 1 of Title 5 of the California Code of Regulations. C. The applicant must also provide documentary proof of being issued a valid policy of insurance from a company authorized to do business in the state of California evidencing that the applicant is insured under a liability insurance policy providing minimum coverage of two million dollars for personal injury or death to one person arising out of Page | 107 the administration of massage. The policy must remain in full force and effect while the massage technician license is valid and is subject to inspection and verification by the police department. D. If required by written order of the chief of police issued not less than sixty days prior to receipt of an application, each applicant for a new permit must pay a fee and take and receive not less than a seventy percent score on a written and/or practical examination conducted by the police department or other test administrator designated by the police department. Passage of such test may be required by the chief of police, prior to further processing of any application. The test administrator shall consist of a member or members appointed by the police department or the county health officer. The test administrator shall not be a city employee, and shall be qualified by reason of education and experience concerning the methods and procedures used in the practice of massage. The health officer and/or the police department shall develop and establish standards and procedures for the panel governing the administration of examinations for applicants for a massage technician license in order to determine whether such applicants are competent to engage in the practice of massage, and the health officer and/or the police department shall exercise such supervision as may be necessary to assure compliance therewith. An unsuccessful applicant shall be entitled to receive a copy of his or her test scores, but not the examination. Applicants wishing to take the test in a language other than English, may do so if the test is currently available in their language. If the test is not available in the applicant’s preferred language, the applicant may pay the costs associated with having both the test and answer sheets translated by a court-certified translator approved by the chief of police. The written examination may be taken as often as is offered provided, however, that the test fee shall be paid for each test. E. Excepting only the requirement to file an application and fee, the chief of police may waive any of the permitting requirements of Section 5.22.060, including testing, if he or she finds that the applicant is currently licensed as a massage technician in another jurisdiction having substantially the same or stricter permitting or licensing standards as are set forth in this chapter. Any such waiver shall be effective only while such ma ssage technician’s other license or permit remains current and valid. (Ord. 08-12 § 2) 5.22.100 Health certificate. A. Before issuing or renewing a massage technician permit, the chief of police shall submit the name and address of the applicant to the county health officer and shall advise the applicant that he or she must report for examination or, alternatively, the applicant may report to a private medical doctor duly licensed to practice medicine in the state of California for examination. The chief of police shall not issue the permit until advised that the applicant has been examined by the county health officer or his or her private physician and has been found to be free of any contagious or communicable disease as defined in this chapter. B. In addition to the above requirements, upon submission of an initial application for a massage technician permit or upon annual renewal thereafter, the applicant shall submit to the chief of police a certificate from a medical doctor stating that the applicant has, within fifteen days immediately prior thereto, been examined and found to be free of any contagious or communicable disease as defined in this chapter; and if said applicant is not so found free of any contagious or communicable disease, his or her permit shall be denied or revoked by the chief of police. Failure to provide such health certificate shall result in revocation of the massage technician permit. C. For purposes of this chapter, contagious and communicable diseases shall include tuberculosis and hepat itis A, B and C. D. Notwithstanding the above, if a person with a communicable disease wishes to be considered for licensing by the city, such individual may provide a report from an appropriate medical specialist concluding that, based upon a recent physical and review of medical records, allowing such individual to practice massage therapy would not interfere with the individual’s treatment or health and that the individual’s practice of massage therapy would not create a risk to patients, including patients with compromised immune systems. The report shall include any precautions recommended by the medical specialist. The chief of police shall consider the report and shall issue the permit within fifteen days unless he or she finds that the risk of harm to t he applicant or to massage customers if the permit is granted would be significant. E. The report or certification of an appropriate medical specialist must provide a description of his or her specialty and practice and include a detailed description of the physical and medical history he or she conducted, including the results of any tests for such individual. Any and all records provided by an applicant pursuant to this section shall be maintained as confidential medical records. (Ord. 08-12 § 2) 6.02.010 Definitions. Whenever, in this chapter or in any resolution or standard adopted by city council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent from the context thereof that some other meaning is intended: “Animal rescuer” means any individual who routinely obtains a dog or cat from the rightful owner of said animal, or any animal from an animal shelter that has been retained in accordance with this chapter. Page | 108 “At large” means any dog which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such dog, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person, device or instrumentality. “Cattery” means any building, structure, enclosure or premises whereupon, or within which, five or more cats, four months of age or older, are kept or maintained. “Chief animal control officer” means the chief animal control officer of the city. The city may contract with the county of Riverside or any other public or private agency to serve as the chief animal control officer. “Class I kennel” means any building, structure, enclosure or premises whereupon, or within which, five to ten dogs, four months of age or older, are kept or maintained. “Class II kennel” means any building, structure, enclosure or premises whereupon, or within which, eleven or more dogs, four months of age or older, are kept or maintained. “Guide dog” means any dog trained or being reared, trained or used for the purpose of guiding a blind person. “Health officer” means the health officer of the county of Riverside or duly authorized representative. “Impounded” means having been received into the custody of any animal control center, ani mal control officer, animal control vehicle or peace officer duly authorized by the city to receive such animal. “Person” means any individual, firm, partnership, joint venture, corporation, association, club or organization. “Public entity” means any state or public subdivision, municipal corporation or agency thereof. “Sentry dog” means any dog trained to work without supervision in a fenced facility and to deter and detain unauthorized persons found within the facility. The term “guard dog” shall also mean “sentry dog.” “Service dog” means any dog being reared, trained or used for purposes of fulfilling the particular requirements of a physically disabled person including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items. “Signal dog” means any dog trained or being reared or trained or used for the purpose of alerting a deaf person or a person whose hearing is impaired, to intruders or sounds. “Unaltered and unspayed” means a condition that exists in an animal which permits the producing of offspring; a dog or cat that has not been spayed or neutered. “Unlicensed dog” means any dog for which no valid license is currently in force. “Vaccination” means inoculation against rabies of any dog or cat, four months of age or older, with any vaccine prescribed for the purpose of the California Department of Health Services. “Veterinarian” means a person holding a currently valid license to practice veterinary medicine issued by the state of California pursuant to Chapter 11 of the California Business and Professions Code. “Vicious dog/vicious cat” means any dog or cat which has bitten a person or animal without provocation or direction or which has a disposition or propensity to attack or bite any person or animal without provocation or direction. (Ord. 14-01 § 4; Ord. 95-06 § 2) 6.04.060 Need for immediate seizure not present—Preseizure procedure. Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings, the health officer shall provide the owner or keeper of the animals, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior t o any seizure or impoundment of the animal. The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the agency to view the animal upon request of the agency, or unless the owner can provide verification that the animal was humanely destroyed. Any person who wilfully fails to produce the animal or provide the verification is guilty of an infraction, punishable by a fine of not less than two hundred fifty dollar s and no more than one thousand dollars. A. The health department or law enforcement agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice stating the grounds for believing the animal should be seized. The notice shall include all of the following: 1. The name, business address and telephone number of the officer providing the notice; 2. A description of the animal to be seized, including any identification upon the animal; 3. The authority and purpose for the possible seizure or impoundment; 4. A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep animal to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice. 5. A statement that the cost of caring for and treating any animal properly seized is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request a hearing Page | 109 within the prescribed time period, or to attend a scheduled hearing, shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges. B. The preseizure hearing shall be conducted within forty-eight hours, excluding weekends and holidays, after receipt of this request. The hearing shall be conducted in accordance with the procedure established in Section 6.04.120. C. Failure of the owner or keeper, or his or her agent, to request a hearing within the prescribed time period or to attend a scheduled hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge hi s or her liability for costs incurred pursuant to this chapter. (Ord. 92-11 § 6) 6.04.120 Hearings. All hearings conducted pursuant to this chapter shall be conduct ed by the health officer or his designee (hearing officer), who shall not have been directly involved in the subject action and shall not be subordinate in rank to the person seizing or impounding the animal. Hearings shall be conducted in the following manner: A. The hearing officer may continue the hearing for a reasonable period of time, if the hearing officer deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance. B. The health department shall have the burden of proof to establish, by a preponderance of evidence, the existence of the condition or conditions which give rise to the need for the seizure or impoundment. C. In a case where the department is also seeking to terminate the owner’s rights in the animal, the department shall have put the owner or keeper of the animal on due written notice thereof and shall establish the existence of the owner’s or keeper’s acts or omissions resulting in cruelty or neglect to the animal be clear and convincing evidence to a reasonable certainty. D. The department shall present its case first, followed by the party against whom the seizure or impoundment is being proposed. The department may present rebuttal in the discretion of the hearing officer. E. Oral evidence shall be taken only on oath or affirmation. F. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross -examine opposing witnesses on any other matter relevant to the issues even though that matter was not covered in the d irect examination, to impeach any witness regardless of which party first called the witness, and to rebut evidence. G. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other 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 extent that they are otherwise required by statute to be recognized in the hearing. Irrelevant and unduly repetitious evidence shall be excluded. H. At the conclusion of the hearing, each side shall be given an opportunity to summarize its position. I. Within three working days after the conclusion of the hearing, the hearing officer shall render, in writing, his findings, decision and order thereon, and shall give notice, in writing, of such findings, decision and order to the owner or custodian of the animal. J. In the event a sufficient quantum of evidence presented at the hearing supports a determination for seizure, impoundment and/or termination of the owner’s rights in the animal, the hearing officer as a part of his decision may order, but is not limited to ordering, that one or more of the following actions be undertaken: 1. That the owner’s and/or custodian’s rights in the dog, cat or other animal are terminated; 2. That the owner or custodian of the dog, cat or other animal shall remove the animal(s) from the premises by a specified date; 3. That the health department personnel, after a specified date, shall impound the animal or animals; 4. That the health department shall sell, give away or otherwise dispose of the animal(s), with the owner or custodian of the animal(s) being responsible to reimburse the city for all costs and expenses including, but not limited to, board, care, veterinary services and costs of disposal. If the animal(s) are sold, the proceeds from the sale shall go to the city or agency as designated by the city. K. A decision upholding seizure or impoundment shall become effective upon issuance. L. A decision terminating an owner’s rights in the animal shall become effective thirty days from the date the decision is mailed unless a stay of execution is granted. (Ord. 92-11 § 10) Page | 110 City of Wildomar Chapter 8.16 – Commercial Poultry Ranches 8.16.010 Definitions. “Health officer” means the Director of the Health Department or designated representative. 8.16.040 Payment of fees/receipts. The fees as required by this chapter other than reinspection fees shall be o n a calendar year basis and shall be payable to the health officer on or before the last day of the year which precedes the year for which the fees are required. After paying, the health officer shall issue a receipt to the person making the payment. 8.16.050 Reinspection/fee. If the health officer determines that there are excessive vectors or any other adverse public health/well -being related conditions, a reinspection shall be conducted. 8.16.080 Transfer fee. If a commercial poultry ranch is transferred to another person, or to another location within the City, there shall be a transfer fee in the amount of $10.00 payable to the health officer. Page | 111 Full Text of Municipal Code 8.16.010 Definitions. As used in this chapter, the following terms shall have the following meanings: “Commercial poultry ranch” means any building, structure, enclosure or premises located within the City, where 1,000 or more domestic fowl are kept or maintained for the primary purpose of producing domestic fowl, eggs, or meat for sale. “Domestic fowl” means a domestic bird known commonly as a chicken, of any age, either hen or cock. “Health officer” means the Director of the Health Department or designated representative. “Person” means any individual, firm, partnership, joint venture, corporation, association, club or organization. (Ord. 18 § 2, 2008, RCC § 8.20.010) 8.16.040 Payment of fees/receipts. A. The fees as required by this chapter other than reinspection fees shall be on a calendar year basis and shall be payable to the health officer on or before the last day of the year which precedes the year for which the fees are required; provided, however, fees for calendar year 1978 shall be made within 30 days after the effective date of the ordinance codified in this chapter and shall be calculated on a pro rata basis by quarters for the remaining period of the calendar year. B. Upon payment of the fees as required by this chapter other than reinspection fees, the health officer shall issue a receipt to the person making such payment on behalf of the commercial poultry ranch. A separate receipt shall be issued, upon payment of the required fees, for each commercial poultry ranch. (Ord. 18 § 2, 2008, RCC § 8.20.040) 8.16.050 Reinspection/fee. In the event the health officer determines, upon a routine inspection of a commercial poultry ranch, that there are excessive vectors or any other adverse public health/well -being related conditions at such ranch, a reinspection shall be conducted thereafter by the health officer to determine if corrective action has been taken by the person operating such ranch. A reinspection fee, as established by resolution of the City Council, shall be required to be paid by the person operating such ranch, and shall be payable to the health officer within 30 days after billing thereof by the health officer to such person. (Ord. 18 § 2, 2008, RCC § 8.20.050) 8.16.080 Transfer fee. In addition to the fees required by this chapter, if a commercial poultry ranch is transferred to another person, or to another location within the City, there shall be a transfer fee in the amount of $10.00 payable, upon such transfer, to the health officer by the person to whom the transfer was made or by the person who relocated the commercial poultry ranch, whichever is applicable. (Ord. 18 § 2, 2008, RCC § 8.20.080) Page | 112 Cities Municipal Codes: Banning https://library.municode.com/ca/banning/codes/code_of_or dinances Beaumont http://www.ci.beaumont.ca.us/index.aspx?NID=851 Blythe https://library.municode.com/ca/blythe/codes/code_of_ordi nances Calimesa http://www.codepublishing.com/CA/Calimesa/ Canyon Lake http://www.cityofcanyonlake.org/index.asp?SEC=A2E8B7 8E-2E5E-4AC6-8856-5701F9C5B98B&DE=1349FC95- 24DD-42FF-A76E-67111B582A60&Type=B_BASIC Cathedral City http://qcode.us/codes/cathedralcity/ Coachella https://library.municode.com/ca/coachella/codes/code_of_o rdinances Corona http://library.amlegal.com/nxt/gateway.dll/California/coron a/coronacaliforniamunicipalcode?f=templates$fn=default.ht m$3.0$vid=amlegal:corona_ca Desert Hot Springs http://www.qcode.us/codes/deserthotsprings/ Eastvale https://library.municode.com/ca/eastvale/codes/code_of_or dinances Hemet https://library.municode.com/ca/hemet/codes/code_of_ordi nances Indian Wells https://qcode.us/codes/indianwells/ Indio http://library.amlegal.com/nxt/gateway.dll/California/indio/ cityofindiocaliforniacodeofordinances?f=templates$fn=def ault.htm$3.0$vid=amlegal:indio_ca Jurupa Valley http://97.93.171.115/WebLink/Browse.aspx?startid=24421 &row=1&dbid=0 La Quinta http://www.qcode.us/codes/laquinta/view.php?&frames=on Lake Elsinore http://www.codepublishing.com/CA/LakeElsinore/ Menifee http://library.amlegal.com/nxt/gateway.dll/California/menif ee_ca/cityofmenifeecaliforniacodeofordinances?f=template s$fn=default.htm$3.0$vid=amlegal:menifee_ca Moreno Valley https://qcode.us/codes/morenovalley/ Murrieta http://library.amlegal.com/nxt/gateway.dll/California/murri eta_ca/murrietacaliforniamunicipalcode?f=templates$fn=de fault.htm$3.0$vid=amlegal:murrieta_ca Norco http://www.codepublishing.com/CA/Norco/ Palm Desert http://www.qcode.us/codes/palmdesert/ Palm Springs http://www.qcode.us/codes/palmsprings/ Perris https://library.municode.com/ca/perris/codes/code_of_ordin ances Rancho Mirage http://www.qcode.us/codes/ranchomirage/ Riverside https://www.riversideca.gov/municode/ San Jacinto http://www.codepublishing.com/CA/SanJacinto/ Temecula http://www.qcode.us/codes/temecula/ Wildomar https://qcode.us/codes/wildomar/