Auburn Municipal Code § 112.050 Separate Offense For Each Day

Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof.

(Ord. 18-09, passed 7-9-2018)

113 PAWNBROKERS AND SECONDHAND DEALERS 113 General Provisions (Section 113.01) 113 Daily Reports (Sections 113.15-113.20)

113 Operating Requirements (Sections 113.30-113.33) 113 Permit Requirements (Sections 113.45-113.46)

113 General Provisions (Section 113.01)

113.01 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HOUSEHOLD FURNITURE AND FURNISHINGS . beds, bedding, tables, desks, chairs, appliances, floor coverings, crockery, glassware, kitchen and cooking utensils and all other personal property associated with, or customarily used within, residential real property.

PAWNBROKER . A person engaged in, conducting, managing or carrying on a business of pawnbroking, or the business of loaning money for himself, herself or for any other person upon personal property, or the business of purchasing articles of personal property and reselling, or agreeing to resell, such articles to the vendors or their assigns at prices agreed upon at or before the time of the purchase.

PAWNSHOP . Any room, store or place in which any such business is engaged in, carried on or conducted.

SECONDHAND DEALER . A person engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares and merchandise, including radios for use in or upon automobiles, except secondhand household furniture and furnishings as defined in this section.

(1973 Code, § 5-17.01) (Ord. 708, eff. 6-22-1977)

113 Daily Reports (Sections 113.15-113.20) 113.15 Contents 113.16 Forms 113.17 Inspections 113.18 Copies To Be Kept; Inspections 113.19 Failure Or Refusal To Keep

113.20 Reports By Persons Other Than Pawnbrokers And Secondhand Dealers

113.15 Contents

1. Every pawnbroker and every secondhand dealer, on each day, except Sundays and legal holidays, before the hour of 10:00 a.m. shall make and deliver to the Chief of Police, in writing, a full, true and complete report in chronological order of all dealings in secondhand goods, wares and merchandise, including radios for use in or upon automobiles.

2. The reports shall be made out at the time the transaction is made by the pawnbroker or secondhand dealer. Every report made by the pawnbroker or secondhand dealer within the city during the 24 hours next preceding the report shall include the time of day when purchased or received, a complete description of each article purchased or received, a description of the person from whom purchased or received or with whom dealt, the license number and description of any vehicle which the person from whom purchased or received was riding in, upon or driving, and the true name of the person as near as the name is known to, or can be ascertained by, the person making the report.

3. If any article purchased or received shall have engraved thereon any number, word or initial, or shall contain any setting of any kind, the description of the article shall contain such number, word or initial and shall show the kind of setting and the number of each kind.

113.16 Forms

Forms for reporting pursuant to § 113.15 of this chapter shall be so printed and subdivided that they shall have space for writing in the following manner: the description of the article purchased or received, the amount paid or loaned upon the property, the name and residence of the person from whom purchased or received, showing the true name as near as known, age, sex, complexion, color of hair, style of dress and height of the person from whom purchased or received, the time of day, the goods purchased or received, the license number, make, type and color of automobile or other vehicle driven or occupied by the person, the date and time of making such report, and the name and place of business of the pawnbroker or secondhand dealer making the report.

(1973 Code, § 5-17.03) (Ord. 708, eff. 6-22-1977)

The Chief of Police, upon the receipt of the reports required by § 113.15, shall file the reports in some secure place in his or her office and the reports shall be open to inspection only by members of the police departments of cities within the county, the Sheriff of the county or his or her officers and deputies, the District Attorney of the county, or by others upon such an order of the court having competent jurisdiction made for that purpose.

(1973 Code, § 5-17.04) (Ord. 708, eff. 6-22-1977)

1. Every secondhand dealer shall keep in his or her place of business a copy of every report required by § 113.15.

2. The copy shall be open at all times during business hours to the inspection of any police officer authorized to enforce the laws of the state.

3. The reports shall be kept in book form and each transaction shall be kept in chronological order.

(1973 Code, § 5-17.05) (Ord. 708, eff. 6-22-1977)

113.19 Failure Or Refusal To Keep

It shall be unlawful for any pawnbroker or secondhand dealer, or for any agent or employee of such pawnbroker or secondhand dealer, to fail, refuse or neglect to file a report as required by this chapter in the manner, form and time, and in all respects in accordance with the requirements of this chapter, or to fail, refuse or neglect to exhibit to the Chief of Police, or to his or her deputies, or to any officer authorized by law, immediately upon demand, any such form or record or any goods, wares and merchandise or personal property, including radios for use in or upon automobiles, so purchased or received by the pawnbroker or secondhand dealer, or by any agent or employee of the pawnbroker or secondhand dealer.

(1973 Code, § 5-17.06) (Ord. 708, eff. 6-22-1977)

113.20 Reports By Persons Other Than Pawnbrokers And Secondhand Dealers

1. Every person, except pawnbrokers and secondhand dealers, as defined in this chapter, having an established place of business within the city, and the servants, agents and employees of such persons, who, incidental to the principal business conducted in such fixed and established place of business, buys, sells or otherwise deals in secondhand goods, wares and merchandise, including radios for use in and upon automobiles, or in any way participates as an agent, broker or otherwise in buying, selling or dealing in secondhand goods, wares and merchandise or other personal property, including radios for use in or upon automobiles, within 24 hours after buying, purchasing or otherwise receiving such goods, wares and merchandise, including radios for use in or upon automobiles, shall make out and deliver to the Chief of Police, upon forms furnished by the Chief of Police, a written report of the purchases and receipts.

2. The reports shall include the following information:

   1. The date and hour purchased or received;

   2. A description of the person from whom purchased or received;

   3. The true name and address as nearly as the same is known to, or can be ascertained by, the person receiving or purchasing such property;

   4. The circumstances under which purchased or received;

   5. The license number and description of the vehicle driven or occupied by the person from whom the goods were purchased or received;

   6. The purchase price paid, if any; and

   7. A full and complete description of the goods, wares and merchandise, including radios for use in or upon automobiles, or other articles of personal property purchased or received.

(1973 Code, § 5-17.07) (Ord. 708, eff. 6-22-1977)

113 Operating Requirements (Sections 113.30-113.33)

113.30 Articles To Be Kept For 20 Days 113.31 Days And Hours Of Operation 113.32 Allowing Or Permitting Unlicensed Persons To Deal

113.33 Claims To Stolen Property

113.30 Articles To Be Kept For 20 Days

All goods, wares, merchandise and other personal property, including radios for use in or upon automobiles, purchased or received by any pawnbroker or secondhand dealer shall be held for a period of at least 20 days after they have been purchased or received before they may be sold or otherwise disposed of, excepting, however, all goods, wares, merchandise and other personal property, including radios for use in automobiles, upon which any duly licensed pawnbroker has issued a pawn ticket in accordance with the laws of the state. During the 20-day period all such property shall be kept separate and apart from all other goods, wares and merchandise, including radios for use in or upon automobiles, upon the premises, in the possession of such pawnbroker or secondhand dealer. All such property, during the 20-day period, shall be kept and exposed for police inspection during business hours.

(1973 Code, § 5-17.08) (Ord. 708, eff. 6-22-1977)

113.31 Days And Hours Of Operation

It shall be unlawful for any person to engage in, conduct, manage or carry on the business of a pawnbroker or secondhand dealer on Sundays or legal holidays and between the hours of 7:00 p.m. of each day and 8:00 a.m. of the following morning, except that on Saturdays and days before legal holidays, and during the 24 hours next preceding Christmas Day, each such person may engage in, conduct, manage, or carry on the business until the hour of 9:00 p.m.

(1973 Code, § 5-17.11) (Ord. 708, eff. 6-22-1977) Penalty, see § 10.99

Every person, except pawnbrokers and secondhand dealers, as defined in this chapter, having an established and fixed place of business in the city, and the servants, agents and employees of the persons, who shall allow, permit or encourage any person not possessing a permit as required by this chapter as a pawnbroker or secondhand dealer to buy, sell or otherwise deal in secondhand. goods, wares, and merchandise, including radios for use in or upon automobiles, in or about the established and fixed place of business shall be guilty of a misdemeanor.

(1973 Code, § 5-17.12) (Ord. 708, eff. 6-22-1977)

113.33 Claims To Stolen Property

1. In all cases where a claim is made to property pawned with or sold to a person holding a permit issued pursuant to this chapter by a person claiming to be the owner thereof and asserting that the property was stolen, the Chief of Police, after a hearing upon notice, shall determine the validity of such claim and the immediate disposition which should be made as to the possession of the claimed property, as provided in this section.

2. If the Chief of Police shall determine that the property was stolen, that the claimant is the owner thereof, and that there is no collusion between the claimant and the person by whom the property was stolen, the Chief of Police shall direct that the property be returned forthwith to the claimant without compensation of any kind being paid therefor.

3. In the event the direction shall be disobeyed, the permit under which the pawnbroker or secondhand dealer is permitted to conduct his or her business may be revoked or suspended by the Chief of Police without any further hearing.

4. The Chief of Police may designate any member of the Police Department or a Deputy Sheriff to hear evidence at any or all hearings which may be held under this section and to report his or her findings thereon to the Chief of Police; but, in all cases, the Chief of Police shall determine the disposition of the property.

5. This section shall not prevent any person from seeking judicial relief to determine the ownership of, or right to the possession of, any personal property; provided, the action is taken prior to the final determination thereof by the Chief of Police.

(1973 Code, § 5-17.13) (Ord. 708, eff. 6-22-1977)

113 Permit Requirements (Sections 113.45-113.46)

113.45 Required; Issuance 113.46 Revocation; Conditions

113.45 Required; Issuance

It shall be unlawful for any person to engage in, conduct, manage or carry on the business of a pawnbroker or secondhand dealer without having a valid, existing and unrevoked permit therefor. The permits shall be issued by the Chief of Police on an application therefor.

(1973 Code, § 5-17.09) (Ord. 708, eff. 6-22-1977) Penalty, see § 10.99

113.46 Revocation; Conditions

1. In the event any person holding a permit authorizing him or her to engage in, conduct, manage or carry on the business of a pawnbroker or secondhand dealer, or any agent or employee of the person, shall violate, or cause or permit to be violated, any provisions of this chapter, the Chief of Police, in addition to the other penalties, shall revoke the permit. If the permit of any such person shall be revoked, no permit shall be granted to the person to conduct or carry on the business within 6 months after the revocation.

2. No permit shall be revoked until a public hearing shall have been held by the Chief of Police. Notice of the hearing shall be given in writing and shall state the grounds of complaint against the permittee and shall also state the time and the place where the hearing will be held. The notice shall be served upon the holder of the permit or his or her manager or agent, at least 3 days prior to the hearing of the revocation of the permit, by delivering the notice in writing to the permittee, or his or her manager or agent, or to any person in charge of, or employed at, the place of business of the permittee or, if the permittee has no place of business, to his or her place of residence or by leaving the notice at the place of business or residence of the permittee.

(1973 Code, § 5-17.10) (Ord. 708, eff. 6-22-1977)

114 BINGO GAMES 114 General Provisions (Sections 114.01-114.02)

114 Licensing Provisions; Applications And Certificates (Sections 114.15-114.28) 114 Operating Requirements (Sections 114.40-114.99)

114 General Provisions (Sections 114.01-114.02) 114.01 Conformance With Laws 114.02 Definition

No person shall operate a bingo game in the city, except in conformance with state laws, this chapter and any other applicable city laws.

(1973 Code, § 5-16.01) (Ord. 707, eff. 6-22-1977) Penalty, see § 114.99

114.02 Definition

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

BINGO . A game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card, which numbers or symbols conform to numbers or symbols selected at random. Notwithstanding Cal. Penal Code § 330c, as used in this chapter, the game of bingo includes cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be

known prior to the game by any person participating in the playing or operation of the bingo game. All preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." BINGO , as defined in this section, applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of law.

(Cal. Penal Code § 326.5(o)) (1973 Code, § 5-16.02) (Ord. 707, eff. 6-22-1977)

114 Licensing Provisions; Applications And Certificates (Sections 114.15-114.28) 114.15 Organizations Eligible For Licenses 114.16 Applications 114.17 Applicants To Be Qualified 114.18 Contents Of Application 114.19 License Fees 114.20 Certificates Of Exemption 114.21 Investigation Of Applicants 114.22 Contents Of Licenses 114.23 Denial Of Licenses 114.24 Posting Of Licenses 114.25 Suspension Or Revocation Of Licenses 114.26 Appeals From Denial, Suspension Or Revocation; Judicial Review 114.27 Effect Of Denial Or Revocation Of Licenses 114.28 Transferability Of Licenses; Return Upon Expiration

Organizations which are exempt from the payment of the bank and corporation tax by Cal. Revenue and Taxation Code § 23701(d) and a contribution or gift to which would be a charitable contribution under I.R.C. § 170(c)(2) shall be eligible to apply for a license to conduct bingo games in the city under the provisions of the Constitution of the state, Cal. Penal Code § 326.5 of and the provisions of this chapter.

(1973 Code, § 5-16.03) (Ord. 707, eff. 6-22-1977)

The license issuing authority shall be the City Manager or his or her designee. An eligible organization desiring to obtain a license to conduct bingo games shall file an application in writing therefor with the City Manager on a form provided by the City Manager. The license issued shall be for a term of 1 year after the date of issuance, subject to renewal and payment in advance of the annual fee.

(1973 Code, § 5-16.04) (Ord. 707, eff. 6-22-1977)

114.17 Applicants To Be Qualified

No license to conduct bingo games shall be issued to any organization unless the applicant is an eligible organization under § 114.15 and the application of the organization conforms to the requirements, terms and conditions of this chapter.

(1973 Code, § 5-16.05) (Ord. 707, eff. 6-22-1977)

An application for a license to conduct bingo games shall contain the following:

1. The name of the applicant organization and a statement that the applicant is an eligible organization under § 114.15;

2. The names and signatures of at least 2 officers, including the presiding officer of the organization, and the name and signature of the member of the organization who will be primarily responsible for conducting bingo games;

3. A description of the property, including the street number, owned or leased by the applicant and used by the applicant for an office or for the performance of the purposes for which the applicant is organized and on which property bingo games will be conducted, together with the occupancy capacity of the place;

4. The proposed days of the week and the hours of the day for the conduct of bingo games;

5. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Cal. Penal Code § 326.5 and this chapter as they may be amended from time to time and that the license to conduct bingo games, may be revoked by the City Manager upon the violation of any of such provisions; and

6. The application shall be executed under penalty of perjury.

(1973 Code, § 5-16.06) (Ord. 707, eff. 6-22-1977)

The annual license fee to conduct bingo games shall be fixed by the Council by resolution and shall accompany the application.

(1973 Code, § 5-16.07) (Ord. 707, eff. 6-22-1977)

114.20 Certificates Of Exemption

The applicant shall submit, with its application for a license to conduct bingo games, a certificate of determination of exemption under Cal. Revenue and Taxation Code § 23701(d) or a letter of good standing from the Exemption Division of the Franchise Tax Board of the state showing the exemption.

(1973 Code, § 5-16.08) (Ord. 707, eff. 6-22-1977)

1. Upon the receipt of the complete application and fee for a license to conduct bingo games, the City Manager shall refer the application to the Chief of Police for an investigation and report and shall otherwise make, or cause to be made, the investigation as will enable the City Manager to determine whether the applicant qualifies for a license under the provisions of this chapter.

2. The City Manager may require such additional information from the applicant as the City Manager deems relevant to the consideration of the application.

(1973 Code, § 5-16.09) (Ord. 707, eff. 6-22-1977)

Upon being satisfied that the applicant is fully qualified under law to conduct bingo games, the City Manager shall issue a license to the applicant to conduct bingo games, which license shall contain the following information:

1. The name and nature of the organization. to which the license is issued;

2. The address where bingo games are authorized to be conducted;

3. The occupancy capacity of the room in which bingo games are to be conducted;

4. The date of expiration of the license; and

5. Such other conditions as may be necessary or desirable for the enforcement of the provisions of this chapter.

(1973 Code, § 5-16.10) (Ord. 707, eff. 6-22-1977)

1. If the City Manager determines that the applicant does not qualify under this chapter or other city or state laws for the issuance of a license to conduct bingo games, he or she shall deny the license application.

2. The City Manager shall not issue a license unless it appears:

   1. All of the statements made in the application are true;

   2. No person whose name is required to be contained in the license application and no other manager of the applicant has been convicted of any felony, misdemeanor involving moral turpitude or any provision of this chapter;

   3. The applicant has not engaged in any fraudulent transaction or enterprise which the City Manager deems relevant to the application;

   4. The bingo games will not be a fraud on the public;

   5. The bingo games will not be conducted for private profit;

   6. The proposed methods of conducting the bingo games will not be contrary to the provisions of this chapter;

   7. The applicant is maintaining an adequate system of record keeping and accounting which will be available to the City Manager or his or her designee for inspection; and

   8. The conduct of bingo games on the premises will be compatible with the existing zoning and land uses in the neighborhood.

(1973 Code, § 5-16.11) (Ord. 707, eff. 6-22-1977)

A copy of the license to conduct bingo games shall be conspicuously posted at the location of the bingo games. (1973 Code, § 5-16.12) (Ord. 707, eff. 6-22-1977)

114.25 Suspension Or Revocation Of Licenses

1. Any license issued pursuant to the provisions of this chapter may be suspended or revoked by the City Manager if he or she determines that the activity authorized by the license has been or is being conducted, maintained or carried out in a manner contrary to, or in violation of, any law of the state, city or federal government or any provision of this chapter. The City Manager may also suspend or revoke the license upon any grounds which would justify a denial of a license.

2. No license shall be revoked or suspended until a hearing has been held by the City Manager or his or her designated representative. Written notice of the time and place of the hearing shall be served upon the organization to which the license was granted at least 5 days prior to the date set for the hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the

license. Notice may be given either by personal delivery or by depositing the notice in the United States mail in a sealed envelope, postage prepaid, addressed to the organization to be notified at its address as it appears in its application for the license.

(1973 Code, § 5-16.13) (Ord. 707, eff. 6-22-1977)

114.26 Appeals From Denial, Suspension Or Revocation; Judicial Review

1. Any licensee or applicant aggrieved by the decision of the City Manager in denying, suspending or revoking a license to conduct bingo games, within 10 days after the decision is delivered or sent to the licensee in writing, may appeal to the Council by filing a written notice of appeal with the LicensingRevenue Officer. During the pendency of an appeal of a suspension or revocation, the license shall remain in effect.

2. 1. If the appeal is not taken within 10 days, the decision of the City Manager shall be final.

   2. If a timely appeal is filed, the Council shall thereupon hold a hearing on the appeal and render its decision within 30 days.

   3. The decision may approve, conditionally approve, deny, suspend or revoke the permit, if the Council finds any of the grounds specified in § 114.23. The decision of the Council shall be final forthwith.

3. Judicial review may he had by filing a petition for a writ of mandate in accordance with the provisions of the Code of Civil Procedure of the state. Any such petition shall he filed within 30 days after the day the decision of the Council becomes final.

(1973 Code, § 5-16.14) (Ord. 707, eff. 6-22-1977; Am. Ord. 93-3, eff. 4-7-1993)

114.27 Effect Of Denial Or Revocation Of Licenses

When the City Manager has denied or revoked any license as provided for in this chapter and the time for an appeal to the Council has elapsed, or if, after an appeal to the Council, the decision of the City Manager has been affirmed by the Council, no application for the same type of license at the same location shall be accepted from the applicant or licensee, and no such license shall be issued to the organization for a period of 1 year after the action by the City Manager denying or revoking the license.

(1973 Code, § 5-16.15) (Ord. 707, eff. 6-22-1977)

114.28 Transferability Of Licenses; Return Upon Expiration

Any license issued pursuant to the provisions of this chapter shall be non-transferable and shall be returned to the City Manager within 7 days after its expiration.

(1973 Code, § 5-16.16) (Ord. 707, eff. 6-22-1977)

114 Operating Requirements (Sections 114.40-114.99)

114.40 Profits To Be Kept In Separate Funds Or Accounts

114.41 Maximum Prizes

114.42 Financial Interests In Licensees Only

114.43 Exclusive Operation By Licensees 114.44 Bingo Games Open To The Public 114.45 Attendance Limited To Occupancy Capacity

114.46 Bingo Only To Property Of Licensees

114.47 Posting Of Rules 114.48 Minors Not To Participate 114.49 Intoxicated Persons Not To Participate 114.50 Hours Of Operation 114.51 Participants To Be Present 114.52 Pull-Tab Bingo Permitted 114.99 Penalty

All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter. The City Manager shall have the right to examine and audit the records at any reasonable time, and the licensee shall fully cooperate with the City Manager by making the records available.

(1973 Code, § 5-16.17) (Ord. 707, eff. 6-22-1977)

The total value of prizes awarded during the conduct of any bingo game shall not exceed $250 in cash or kind, or both, for each separate game which is held.

(1973 Code, § 5-16.18) (Ord. 707, eff. 6-22-1977)

114.42 Financial Interests In Licensees Only

No individual, corporation, partnership or other entity, except the licensee, shall hold a financial interest in the conduct of any bingo game.

(1973 Code, § 5-16.19) (Ord. 707, eff. 6-22-1977)

114.43 Exclusive Operation By Licensees

Bingo games shall be operated and staffed only by members of the license holding organization. The members shall not receive a profit, wage or salary from any bingo game. Only the licensee shall operate the game or participate in the promotion, supervision, or any other phase of the game.

(1973 Code, § 5-16.20) (Ord. 707, eff. 6-22-1977)

All bingo games shall be open to the public, not just to the members of the license holding organization.

(1973 Code, § 5-16.21) (Ord. 707, eff. 6-22-1977)

114.45 Attendance Limited To Occupancy Capacity

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which the game is conducted as determined by the Fire Department in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person.

(1973 Code, § 5-16.22) (Ord. 707, eff. 6-22-1977)

114.46 Bingo Only To Property Of Licensees

1. The organization which holds a bingo license shall conduct a bingo game only on property owned or leased by it and which property is used. by the organization for an office or for the performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on the property, the address of which is stated in the application.

2. In the event the described property ceases to be used as an office by the licensee or as a place for the performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon an application submitted pursuant to the provisions of this chapter, when the organization again owns or leases property used by it for an office or for the performance of the purposes for which the organization is organized.

(1973 Code, § 5-16.23) (Ord. 707, eff. 6-22-1977)

The rules for the bingo games conducted by the licensee shall be posted by the licensee in a conspicuous place at the location of the bingo games.

(1973 Code, § 5-16.24) (Ord. 707, eff. 6-22-1977)

114.48 Minors Not To Participate

No person under the age of 18 years shall be allowed to participate in any bingo game.

(1973 Code, § 5-16.25) (Ord. 707, eff. 6-22-1977)

114.49 Intoxicated Persons Not To Participate

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(1973 Code, § 5-16.26) (Ord. 707, eff. 6-22-1977)

1. Except as otherwise provided in the bingo license, no bingo game shall be conducted between the hours of 2:00 a.m. and 10:00 a.m. of any day, unless permission therefor is received from the City Manager.

2. A licensee shall not conduct bingo games on more than a total of 2 days in any calendar week. For the purposes of this division, a week shall be deemed to commence on Monday at 10:00 a.m. and end on the next following Monday at 2:00 a.m., and a day shall mean the 16-hour period commencing at 10:00 a.m. of any day and ending at 2:00 a.m. of the next following day.

3. There shall he no deviation from the requirements of this section unless written permission therefor is received in advance from the City Manager.

(1973 Code, § 5-16.27) (Ord. 707, eff. 6-22-1977)

No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

(1973 Code, § 5-16.28) (Ord. 707, eff. 6-22-1977)

114.52 Pull-Tab Bingo Permitted

1. Notwithstanding any other provision of this chapter to the contrary, the game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for the distribution of prizes.

2. Pull-tab bingo shall be permitted only under the following conditions:

   1. The name and address of the manufacturer of pull-tab games to be played by the licensed organization shall be submitted to the office of the Chief of Police for approval.

   2. A sample of each type of preprinted pull-tab card shall be submitted to the Chief of Police for approval.

   3. All authorized pull tabs shall bear the legend "For sale or use only in a Bingo Game authorized under California law and pursuant to local ordinance."

   4. The licensed organization shall maintain records of the purchases and sales of pull tabs in a manner prescribed by the Police Department.

   5. All pull-tab cards, used or unused, shall be subject to inspection.

   6. Each prize shall be paid in the same manner as bingo prizes.

   7. No pull tab shall be sold or played outside of the bingo playing area.

   8. Pull tabs may be sold only during each authorized bingo came of play.

   9. No pull tab shall be sold from any type of mechanical or electronic device.

   10. The winning or losing cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game.

(1973 Code, § 5-16.31) (Ord. 811, eff. 8-21-1985)

1. 1. It shall be a misdemeanor under Cal. Penal Code § 326.5(b) for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which shall be punishable by a fine not to exceed $10,000, which fine shall be deposited in the General Fund of the city.

   2. Except as provided in division (A)(1) above, a violation of any provision of this chapter shall be an infraction and shall be punishable by:

      1. A fine not exceeding $50 for a first violation;

      2. A fine not exceeding $100 for a second violation within 1 year; and

      3. A fine not exceeding $250 for each additional violation within 1 year.

(1973 Code, § 5-16.29) (Ord. 707, eff. 6-22-1977)

2. The city may bring an action in a court of competent jurisdiction to enjoin a violation of Cal. Penal Code § 326.5 or any provision of this chapter.

(1973 Code, § 5-16.30) (Ord. 707, eff. 6-22-1977)

115 WIRELESS TELECOMMUNICATIONS FACILITIES

115.01 Purpose And Intent

115.02 Definitions

115.03 Applicability And Permit Requirement

115.04 Standards For All Personal Wireless Telecommunication Facilities

115.05 Standards For Personal Wireless Telecommunication Facilities Not Located Within A Public Right-OfWay

115.06 Standards For Personal Wireless Telecommunication Facilities Located Within Public Rights-Of-Way 115.07 Wireless Facility Minor Modification Permit

115.08 Requirements For Small Wireless Facilities Permits

115.09 Appeals

115.10 Maintenance

115.11 Ownership Transfers

115.12 Revocation Of A Wireless Facilities Permit

115.13 Violations 115.14 Severability

1. The City of Auburn intends for this chapter to establish reasonable, uniform and comprehensive standards and procedures for the deployment, construction, installation, collocation, modification, operation, relocation and removal of wireless telecommunication facilities within the city's territorial boundaries, consistent with and to the extent permitted under Federal and California law. The city recognizes that the unrestricted installation of redundant personal wireless telecommunication facilities is contrary to the city's efforts to stabilize economic and social aspects of neighborhood environments, and to promote the health, safety and welfare of the city.

2. In enacting this section, the city intends to:

   1. Promote and protect the health, safety, comfort, convenience and general welfare of residents and business;

   2. Protect the benefits derived by the city, its residents and the general public from access to personal wireless services while minimizing, to the greatest extent feasible, the redundancy of personal wireless telecommunication facilities in the city;

   3. Balance these goals, by permitting the installation and operation of wireless telecommunication facilities where they are needed, while reducing, to the greatest extent feasible, adverse economic, safety and/or aesthetic impacts on nearby properties and the community as a whole;

   4. This chapter shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, § 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, applicable state laws, and administrative and court decisions and determinations relating to same; and

   5. This chapter is intended to regulate all uses of wireless communications in the city, including uses by public utilities, to the extent of the city's power to regulate the use of land under Federal and state law, but not to exceed the scope of the city's authority.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ACCESSORY EQUIPMENT . Any equipment installed, mounted, operated or maintained in close proximity to a personal wireless telecommunication facility to provide power to the personal wireless telecommunication facility or to receive, transmit or store signals or information received by or sent from a personal wireless telecommunication facility.

THE ACT . The Federal Telecommunications Act, January 31, 1996.

ANTENNA . An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services.

ANTENNA EQUIPMENT . Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

APPLICABLE LAW . All applicable Federal, state and local law, ordinances, codes, rules, regulations and orders, as the same may be amended from time to time.

APPLICANT . Includes any person or entity submitting an application to install a personal wireless telecommunication facility under this chapter.

BASE STATION . The equipment and non-tower supporting structure at a fixed location that enables Federal Communications Commission licensed or authorized wireless telecommunications between user equipment and a communications network.

CITY . The City of Auburn.

COLLOCATION . The mounting or installation of additional wireless transmission equipment at an existing wireless facility; and/or modification of a structure for the purpose of mounting or installing an antenna facility on that structure.

COUNCIL . The City Council of the City of Auburn.

DIRECTOR . The City of Auburn Planning Director or designee.

FCC . The Federal Communications Commission or any successor to that agency.

IN-KIND CALL TESTING . Testing designed to measure the gap in coverage asserted by an applicant. If a claimed gap is for in-building coverage, then in-building call testing must be performed to establish the existence or absence of such a gap unless the applicant provides a sworn affidavit demonstrating good faith but unsuccessful attempts to secure access to buildings to conduct such testing and the circumstances that prevented the applicant from conducting such testing. Claimed gaps in service for "in-vehicle" or "open-air" service may be demonstrated by call testing performed in vehicles or in the open.

LEAST INTRUSIVE MEANS . The location or design of a personal wireless telecommunication facility addresses a significant gap in an applicant's personal communication service while doing the least disservice to the policy objectives of this chapter. Analysis of whether a proposal constitutes the LEAST INTRUSIVE MEANS shall include consideration of means to close an asserted significant gap by co-locating a new personal wireless telecommunication facility on the site, pole, tower, or other structure of an existing personal wireless telecommunication facility.

MONOPOLE . A structure composed of a single spire, pole, or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm, and similar monopoles camouflaged to resemble faux objects attached on a monopole.

MPE . Maximum permissible exposure.

1. Land which is zoned Open Space and Conservation District (OSC);

2. Land in residential zones upon which structures may not be developed by virtue of a restriction on title;

3. All common areas, public and private parks, slope easements, recreational areas and open portions of recreational facilities; and

4. Any other area owned by a homeowners association or similar entity.

PERSONAL COMMUNICATION SERVICE . Commercial mobile services provided under a license issued by the FCC.

TELECOMMUNICATION FACILITY , or WIRELESS FACILITY . A structure, antenna, pole, tower,

equipment, accessory equipment and related improvements used, or designed to be used, to provide wireless transmission of voice, data, images or other information, including, but not limited to, cellular phone service, personal communication service and paging service.

RF . Radio frequency.

SHOT CLOCK . The timeframe within which the city shall act on a wireless application, as defined by the FCC and as may be amended from time to time.

SIGNIFICANT GAP . As applied to an applicant's personal communication service or the coverage of its personal wireless telecommunication facilities, significant gap is intended to be defined in this chapter consistently with the use of that term in the Telecommunications Act of 1996 and case law construing that statute. Provided that neither the Act nor case law construing it requires otherwise, the following guidelines shall be used to identify such a significant gap:

1. A significant gap may be demonstrated by in-kind call testing.

2. The city shall accept evidence of call testing by the applicant and any other interested person and shall not give greater weight to such evidence based on the identity of the person who provides it but shall consider:

   1. The number of calls conducted in the call test;

   2. Whether the calls were taken on multiple days, at various times, and under differing weather and vehicular traffic conditions; and

   3. Whether calls could be successfully initiated, received and maintained in the area within which a significant gap is claimed.

3. A significant gap may be measured by:

   1. The number of people affected by the asserted gap in service;

   2. Whether a wireless communication facility is needed to merely improve weak signals or to fill a complete void in coverage; or

   3. Whether the asserted gap affects a state highway or an arterial street which carries significant amounts of traffic.

SMALL WIRELESS FACILITY . A small wireless facility as defined by the FCC and that meets the following requirements:

1. The small wireless facilities:

   1. Are mounted on structures 50 feet or less in height including their antennas;

   2. Are mounted on structures no more than 10% taller than other adjacent structures; or

   3. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;

2. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment, is no more than 28 cubic feet in volume;

4. The facilities do not require antenna structure registration under part 47 C.F.R. §§ 17.1 et seq.;

5. The facilities are not located on Tribal lands; and

6. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in § 1.1307(b).

STEALTH FACILITY or CAMOUFLAGED FACILITY . Any personal wireless telecommunication facility which is designed to substantially blend into the surrounding environment by, among other things, architecturally integrating into or on a structure or otherwise using design elements to conceal antennas, antenna supports, poles, equipment, cabinets, faux trees, equipment housing and enclosure; and related above-ground accessory equipment painted or wrapped.

TRANSMISSION EQUIPMENT or WIRELESS TRANSMISSION EQUIPMENT . Any equipment that facilitates transmission for any Federal Communications Commission licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supplies.

WIRELESS . Any Federal Communications Commission licensed or authorized wireless telecommunications service.

WIRELESS TOWER or TELECOMMUNICATIONS TOWER . Any structure, including a freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower or other structure, designed and constructed for the primary purpose of supporting any Federal Communications Commission licensed or authorized wireless telecommunications facility antennas and their associated facilities.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019 Amended by Ord. 25-05 on 10/27/2025

This chapter applies to all proposed new or modified personal wireless telecommunication facilities, as follows:

1. All applications for approval of the installation of new personal wireless telecommunication facilities in the city.

2. All facilities for which applications were received by the public works department but not approved prior to the effective date of the ordinance codifying this section, shall comply with the regulations and guidelines of this section.

3. All facilities for which applications were approved by the city on or prior to the effective date of the ordinance codifying this section shall be exempt from this section, except for the requirements of § 115.04(H).

4. All facilities for which applications have been previously approved, but are now or hereafter modified.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019

115.04 Standards For All Personal Wireless Telecommunication Facilities

The Auburn City Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this chapter.

1. Wireless facility permit-administrative review . A wireless facility permit, subject to the Director's prior review and approval in accordance with the procedures and design regulations in this chapter, is required for:

   1. Any wireless telecommunication facility proposed on private property in a preferred location (as specified in § 115.04(E)) and that would be compliant with all applicable development standards in § 115.04(F).

   2. Any wireless facility proposed to be located in the public rights-of way that would be compliant with the applicable development standards in § 115.05.

2. Wireless facility permit-public hearing review . A wireless facility permit, subject to the Planning Commission's prior review and approval in accordance with the procedures and design regulations in this chapter, is required for:

   1. Any wireless telecommunication facility proposed on private property located in or within 1,000 feet from a residential, historic and open space district;

   2. Any wireless telecommunication facility that requires a limited exception pursuant to this chapter;

   3. Any wireless telecommunication facility subject to an administrative review process but has been referred to the Planning Commission by the Director;

   4. Any wireless facility not identified as subject to an administrative review process in this chapter.

3. Permit requirements . No new personal wireless telecommunication facility shall be installed until the applicant or operator has obtained:

   1. A wireless facility permit;

   2. An encroachment permit from the public works department (if applicable); and

4. Any other permit required by applicable provisions of this code including a building permit, an electrical permit, or a tree permit. All modifications to an existing personal wireless telecommunications facility that do not meet the findings of approval required for a wireless facility minor modification permit as specified in § 115.07 shall be subject to the approval of:

   1. A wireless facility permit, in addition to;

   2. An encroachment permit from the Public Works Department (if applicable); and

   3. Any other permit required by applicable provisions of this code including a building permit, an electrical permit, or a tree permit.

5. Wireless facility permit application content . Applications for the approval of wireless facility permits for personal wireless telecommunication facilities shall include, but are not necessarily limited to the following information:

   1. Written documentation . Written documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location in accordance with the location requirements of § 115.04 (E); and

   2. Visual simulations . The applicant shall submit site photographs and scaled photo simulations that show the existing location and the proposed facility superimposed on photographs of the site and surroundings, to assist the city in assessing the visual impacts of the proposed facility and its compliance with the provisions of this chapter.

   3. Scaled depiction . For new facilities, the plans shall include (in plan view and elevations) a scaled depiction of the maximum permitted increase as authorized by § 6409(a) of the 2012 Middle Class Tax Relief Act, using the proposed project as a baseline.

   4. Master plan . A master plan which identifies the location of the proposed facility in relation to all existing and potential facilities maintained by the operator intended to serve the city. The master plan shall reflect all potential locations that are reasonably anticipated for construction within four years of submittal of the application. Applicants may not file, and the city shall not accept, applications that are not consistent with the master plan for a period of two years from approval of a wireless facility permit unless:

      1. The applicant demonstrates materially changed conditions which could not have been reasonably anticipated to justify the need for a personal wireless telecommunication facility site not shown on a master plan submitted to the city within the prior two years; or

      2. The applicant establishes before the commission that a new personal wireless telecommunication facility is necessary to close a significant gap in the applicant's personal communication service, and the proposed new installation is the least intrusive means to do so.

6. Site analysis . A site analysis which identifies a minimum of five other feasible locations within or without the city which could serve the area intended to be served by the facility, unless the applicant provides compelling technical reasons for providing fewer than the minimum. The alternative site analysis shall include at least one collocation site.

   6. An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A" titled "Optional Checklist for Determination Of Whether a Facility is Categorically Excluded" for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency

emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of "effective radiated power."

7. A statement signed by a person with legal authority to bind the applicant attesting under penalty of perjury to the accuracy of the information provided in the application.

8. Noise study . A noise study, prepared, signed, and sealed by a California-licensed engineer, for the proposed personal wireless telecommunication facility including, but not limited to, equipment, such as air conditioning units and back-up generators; or a written statement signed and sealed by a California-licensed engineer indicating that the proposed modification(s) will not alter the existing noise levels or operational equipment that creates noise.

9. RF compliance report . The applicant shall submit an RF exposure compliance report that certifies that the proposed facility, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the city. The RF report must include the actual frequency and power levels (in watts ERP) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

10. A written statement of the applicant's willingness to allow other carriers to collocate on the proposed personal wireless telecommunication facility wherever technically and economically feasible and aesthetically desirable.

11. Title report and property owner's authorization . For any small wireless facility proposed to be installed on any private property not owned or controlled by the city, the applicant must submit:

    1. A title report issued within 30 days from the date the applicant filed the application; and

    2. If the applicant is not the property owner, a written authorization signed by the property owner identified in the title report that authorizes the applicant to submit and accept a wireless facility permit in connection with the subject property.

12. Such other information as the Director shall establish from time to time pursuant to the Permit Streamlining Act, Government Code, § 65940, or to respond to changes in law or technology.

13. An application for a personal wireless telecommunication facility in a public right-of-way for which the applicant claims entitlement under California Public Utilities Code, § 7901 shall be accompanied by evidence satisfactory to the Director that the applicant is a telephone corporation or has written authorization to act as an agent for a telephone corporation.

14. Wireless facility permit preferred zones and locations . When doing so would not conflict with one of the standards set forth in this division (E) or with Federal law, personal wireless telecommunication facilities subject to the approval of a wireless facility permit shall be located in the most appropriate location as described in this division (E), which range from the most appropriate to the least appropriate. Nothing in this section shall detract from the requirements of division (F) below.

    1. Most preferred locations .

       1. Collocation on an existing facility in a commercial or industrial zone;

       2. Collocation on an existing structure or utility pole in a commercial or industrial zone;

       3. Collocation on an existing facility in a public facility or recreation open space district zone; 4. Location on a new structure in a commercial or industrial zone;

    2. Least preferred locations .

       1. Location on an existing structure or utility pole in a public facility or recreation open space district;

       2. Location on a new structure in a public facility or recreation zone open space district; 3. Location or collocation on an existing facility in the historic district.

    3. For purposes of these location preferences, the applicant's proposed location in the public rightsof-way shall be classified by the same zoning district that applies to the nearest adjacent parcel.

    4. No new facility may be placed in a less appropriate area unless the applicant demonstrates to the satisfaction of the city that no more appropriate locations can feasibly serve the area the facility is intended to serve provided, however, that the city may authorize a facility to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

15. Design and development standards . Personal wireless telecommunication facilities shall be designed and maintained as follows:

16. All new personal wireless telecommunication facilities shall be set back at least 1,000 feet from schools, dwelling units and parks, as measured from the closest point of the personal wireless telecommunication facility (including accessory equipment) to the applicable property line, unless an applicant establishes that a lesser setback is necessary to close a significant gap in the applicant's personal communication service, and the proposed personal wireless telecommunication facility is the least intrusive means to do so. An applicant who seeks to increase the height of an existing personal wireless telecommunication facility, or of its antennas, located less than 1,000 feet from a school, dwelling unit or park and who is subject to the approval of a wireless facility permit for the proposed height increase must establish that such increase is necessary to close a significant gap in the applicant's personal communication service, and the proposed increase is the least intrusive means to do so.

    2. Facilities shall have subdued colors and non-reflective materials which blend with the materials and colors of the surrounding area and structures.

    3. Unless otherwise prohibited by state or federal law, all equipment not located on a roof shall be underground; any equipment that is not undergrounded shall be screened from adjacent uses to the maximum extent feasible.

    4. The facilities shall not bear any signs or advertising devices other than certification, warning or other signage required by law or expressly permitted by the city.

    5. At no time shall equipment noise (including air conditioning units) from any facility exceed the applicable noise limits established in this code; provided, however, that for any such facility located within 500 feet of any property zoned open space or residential, or improved with a residential use, such equipment noise shall at no time be audible at the property line of any open space or residentially zoned, or residentially improved property.

    6. If the majority of radio frequency coverage from the proposed facility is outside the city limits, the applicant must, in addition to the other requirements of this section, prove that the applicant is unable to locate the proposed new facility within the locale or locales that will receive the majority of the coverage from the proposed personal wireless telecommunications facility, and that no other feasible location for the facility exists outside of the city limits. That an applicant for a wireless facility permit in the city has been denied a wireless facility, antenna, or wireless coverage in another jurisdiction shall not be considered evidence or proof that the applicant is unable to locate in another jurisdiction.

17. Peer and independent expert review .

    1. The City Council authorizes the Director to select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues in connection with any permit application. The city may retain one or more independent, qualified consultants

to review any application for a wireless facility permit for a personal wireless telecommunication facility or for a wireless facility minor modification permit. The review is intended to be a review of technical aspects of the proposed wireless telecommunication facility or modification of an existing wireless telecommunication facility and shall address any or all of the following, as applicable:

1. For wireless facility permits, whether the proposed wireless telecommunication facility is necessary to close a significant gap in coverage and is the least intrusive means of doing so;

2. The accuracy and completeness of submissions;

3. For wireless facility permits, technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

4. The applicability of analysis techniques and methodologies;

5. For wireless facility permits, the viability of alternative sites and alternative designs; and 6. For wireless facility permits, an analysis of the potential expansion that would be considered an eligible facility request under Middle Class Tax Relief and Job Creation Act of 2012, § 6409; and

6. Any other specific technical issues designated by the city.

2. The cost of the review shall be paid by the applicant through a deposit estimated to cover the cost of the independent review, as established by the City Council.

3. Conditions of approval . All facilities subject to a wireless facility permit or wireless facility minor modification permit approved under this section shall be subject to the following conditions, as applicable:

   1. Facilities shall not bear any signs or advertising devices other than legally required certification, warning, or other required seals or signage, or as expressly authorized by the city.

   2. Abandonment .

      1. Applicant shall submit to the city a list of all telecommunications facilities and current operational status. Any facilities that are identified as not operational for period of 90 days shall be deemed abandoned.

      2. Personal wireless telecommunication facilities that are no longer operating shall be removed at the expense of the applicant, operator, or owner no later than 90 days after the discontinuation of use. Disuse for 90 days or more shall also constitute a voluntary termination by the applicant of any land use entitlement under this code or any predecessor to this code.

      3. The Director shall send a written notice of the determination of non-operation to the owner and operator of the personal wireless telecommunication facility, who shall be entitled to a hearing on that determination before the City Manager or a hearing officer appointed by the City Manager, provided that written request for such a hearing is received by the City Clerk within ten days of the date of the notice. No further appeal from the decision of the City Manager may be had other than pursuant to Code of Civil Procedure, § 1094.5. Upon a final decision of the City Manager or the running of the time for a request for a hearing without such a request, the operator shall have 90 days to remove the facility.

      4. The operator of a facility shall notify the city in writing of its intent to abandon a permitted site. Removal shall comply with applicable health and safety regulations. Upon completion of abandonment, the site shall be restored to its original condition at the expense of the applicant, operator, or owner.

      5. All facilities not removed within the required 90-day period shall be in violation of this code. In the event the city removes a disused facility upon the failure of the applicant, operator, or owner to timely do so, the applicant, operator, and owner shall be jointly and

severally liable for the payment of all costs and expenses the city incurs for the removal of the facilities, including legal fees and costs.

3. Indemnification . The applicant, operator of a facility and property owner (when applicable) shall defend, indemnify and hold the city and its elective and appointed boards, commissions, officers, agents, consultants and employees harmless from and against all demands, liabilities, costs (including attorneys' fees), or damages arising from the city's review and/or approval of the design, construction, operation, location, inspection or maintenance of the facility.

4. Removal of unsafe facilities . If, at any time after ten years of the issuance of a building permit or encroachment permit, or any shorter period permitted by Government Code, § 65964(b), any personal wireless telecommunication facility becomes incompatible with public health, safety or welfare, as determined by the city, the applicant or operator of the facility shall, upon notice from the city and at the applicant's or operator's own expense, remove that facility. Written notice of a determination pursuant to this paragraph shall be sent to the owner and operator of the personal wireless telecommunication facility, who shall be entitled to a hearing on that determination before the City Manager or a hearing officer appointed by the City Manager, provided that written request for such a hearing is received by the city clerk within ten days of the date of the notice. No further appeal from the decision of the City Manager may be had other than pursuant to Code of Civil Procedure, § 1094.5. Upon a final decision of the City Manager or the running of the time for a request for a hearing without such a request, the operator shall have 90 days to remove the facility.

   1. The owner or operator of any personal wireless telecommunication facility approved by a wireless facility permit under this division (F) shall cooperate with the Director to:

      1. Verify that the facility design conforms with relevant building and safety requirements; and

5. Verify that the facility complies with the requirements of Chapter 115 of the Auburn Municipal Code.

   2. Prior to the issuance of a building permit or encroachment permit, the applicant or owner/operator of the facility shall pay for and provide a performance bond, which shall be in effect until all facilities are fully and completely removed and the site reasonably returned to its original condition. The purpose of this bond is to cover the applicant's or owner/operator of the facility's obligation under the conditions of approval and the City of Auburn Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations (the amount of the performance bond shall be set by the Director on a case-specific basis and in an amount reasonably related to the obligations required under this code and all conditions of approval, and shall be specified in the conditions of approval).

   3. An applicant shall not transfer a permit to any person or entity prior to completion of construction of a personal wireless telecommunication facility.

   4. The applicant shall submit as-built photographs of the facility within 90 days of installation of the facility, detailing the installed equipment.

   5. A personal wireless telecommunication facility approved by a wireless facility permit may operate only until the tenth anniversary of the date it is first placed into service, unless that sunset date is extended by additional term(s) not to exceed ten years pursuant to a wireless facility permit issued under this Chapter 115. There is no limit to the number of times the sunset date for a facility may be extended.

6. Application review, notice, and hearing .

7. Administrative review process . Each application for a wireless facility permit shall be reviewed by the Director in the following manner:

   1. Within 30 calendar days after the Director receives a duly-filed application, the Director shall review the application for completeness, and if any application does not contain all the materials required shall send written notice to the applicant that identifies the missing or incomplete requirements.

   2. Not less than ten calendar days prior to the date on which the administrative decision will be made, the Director shall give notice of the proposed requested application by mail or delivery to record owner located within 300 feet of the proposed site.

   3. If no hearing is requested by the applicant or other affected person, or if no responses are received in opposition to the request within the prescribed time period, then the Director shall issue the permit subject to conditions determined by the Director.

8. If a hearing is requested by the applicant or other affected person, or if any responses are received in opposition to the request, the Director shall forward the application to the Planning Commission for formal public hearing and considerations. When the application is forwarded to the Planning Commission, the applicant shall be responsible for paying any additional application fees and providing any additional permit application materials.

9. Under Federal law, the city must approve or deny an application for a wireless facility permit, together with any other city permits required for a proposed wireless facility, within 60 days after the applicant submits the application for a wireless facility permit, unless tolled due to issuance of any notice of incomplete filing or by mutual agreement between the city and the applicant. Under Federal law, failure to act on a wireless facility permit application within the 60-day review period, excluding tolling period, will result in the permit being deemed granted by operation of law.

1. Each application for a wireless facility permit shall be reviewed by the Director in the following manner:

   1. Within 30 calendar days after the Director receives a duly-filed application, the Director shall review the application for completeness, and if any application does not contain all the materials required shall send written notice to the applicant that identifies the missing or incomplete requirements.

   2. Prior to a duly noticed public hearing, the Director shall give notice of the proposed requested application by mail or delivery to record of owner located within 300 feet of the proposed site.

   3. Under Federal law, the city must approve or deny an application for a wireless facility permit, together with any other city permits required for a proposed wireless facility, within 60 days after the applicant submits the application for a wireless facility permit, unless tolled due to issuance of any notice of incomplete filing or by mutual agreement between the city and the applicant. Under Federal law, failure to act on a wireless facility permit application within the 60-day review period, excluding tolling period, will result in the permit being deemed granted by operation of law.

2. Applications deemed withdrawn . To promote efficient review and timely decisions, and to mitigate unreasonable delays or barriers to entry caused by chronically incomplete applications, any application governed under this chapter will be automatically withdrawn by the applicant when the applicant fails to tender a substantive response to the Director within 60 calendar days after the Director deems the application incomplete in a written notice to the applicant. As used in this division (G), a "substantive response" must include the materials identified as incomplete in the Director's notice.

3. Wireless facility permit findings . No wireless facility permit for a proposed new or substantial modification to a personal wireless telecommunication facility may be approved unless the Director reviewing the application finds or the city finds, at a public hearing for which notice was provided under the standards set forth in Government Code, §§ 65090 and 65091, as follows:

4. The applicant has demonstrated by clear and convincing evidence that the facility is necessary to close a significant gap in the operator's service coverage. Such evidence shall include in-kind call testing of existing facilities within the area the applicant contends is a significant gap in coverage to be served by the facility.

5. The applicant has demonstrated by clear and convincing evidence that no feasible alternate site exists that would close a significant gap in the operator's service coverage which alternative site is a more appropriate location for the facility under the standards of Chapter 115 of the Auburn Municipal Code.

6. The facility satisfies the location requirements of § 115.04(E)(3) of the Auburn Municipal Code.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019 Amended by Ord. 25-05 subd Cb3 only on 10/27/2025

115.05 Standards For Personal Wireless Telecommunication Facilities Not Located Within A Public Right-OfWay

In addition to the requirements in § 115.04 above, all personal wireless telecommunication facilities subject to the approval of a wireless facility permit and not located within a public right-of-way shall comply with the following requirements:

1. Location requirements . To minimize aesthetic and visual impacts on the community, personal wireless telecommunication facilities shall be located according to the following standards:

   1. General requirements . A freestanding telecommunications tower or monopole shall be set back a distance of at least 150% of the height of the tower from the nearest property line of any residentially zoned or occupied lot.

   2. Restricted locations . Personal wireless telecommunication facilities located in any of the following locations must be designed as a stealth facility:

      1. Within any non-residential zone on a site that contains a legally established residential use; and

      2. On any property that is designated within a Historic District or Open Space District by the city.

   3. Prohibited locations .

      1. No personal wireless telecommunication facility shall be established within any residential zones (including areas set aside for open space, parks or playgrounds), conservation or natural resources land, or open space land.

      2. Any wireless telecommunication facility proposed for a site within any open space land shall not be deemed a "public utility" as that term is otherwise defined and understood in the Auburn Municipal Code regarding development in such open space land.

   4. Guidelines for placement on structures . Antennas shall be mounted on structures utilizing the methods described below. If an antenna cannot be mounted as set forth in division (a), it may be mounted in accordance with division (b) If an antenna cannot be mounted as set forth in either division (a) or (b), it may be mounted in accordance with division (c):

      1. A stealth facility mounted on an existing structure or collocated on an existing tower;

      2. A stealth facility mounted on an existing steel or concrete pole, including a light standard; or

      3. A stealth facility mounted on a new steel, wood or concrete pole but only if applicants can show that there is no existing infrastructure within 200 feet along the subject right-of-way that is available and technically feasible to support a small cell.

2. Design and development standards . Personal wireless telecommunication facilities shall be designed and maintained as follows:

   1. Building-mounted facilities shall be designed and constructed to be fully screened in a manner that is compatible in color, texture and type of material with the architecture of the building on which the facility is mounted.

   2. All accessory equipment associated with the operation of a personal wireless telecommunication facility shall be located within a building enclosure or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located.

3. City Council approval required . Notwithstanding § 115.05(A)(3), personal wireless telecommunication facilities subject to the approval of a wireless facility permit may be permitted in a prohibited location only if the applicant obtains a wireless facility permit from the City Council following a public hearing and recommendation from the Planning Commission, and provides technically sufficient and conclusive proof that the proposed location is necessary for provision of wireless services to substantial areas of the city, that it is necessary to close a significant gap in the operator's coverage and that there are no less intrusive alternative means to close that significant gap.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019

115.06 Standards For Personal Wireless Telecommunication Facilities Located Within Public Rights-Of-Way

In addition to the requirements in § 115.05 above, all personal wireless telecommunication facilities subject to the approval of a wireless facility permit and located within public rights-of-way shall comply with the following requirements to the fullest extent permitted by state and federal law:

1. Construction . These standards are intended to exert the maximum authority available to the city in the regulation of personal wireless telecommunication facilities under applicable state and Federal law but not to exceed that authority. Accordingly, this section shall be construed and applied in light of any such limits on the city's authority. The purpose of this § 115.06 is to regulate personal wireless telecommunications facilities proposed for sites within public rights-of-way consistently with the rights conferred on telephone corporations by Public Utilities Code, §§ 7901 and 7901.1 and to address the aesthetic and safety concerns unique to such proposals due to their highly visible location in rights-ofway that must be safely shared with pedestrians, motorists and other utility infrastructure.

2. Application content .

   1. Applications for the approval of personal wireless telecommunication facilities within the public rights-of-way shall include the following information, in addition to all other information required by § 115.04(D) above:

   2. The applicant shall provide certification that the facility is for the use of a telephone corporation or state the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

3. Guidelines . All personal wireless telecommunication facilities located within a public right-of-way shall be designed as follows:

   1. Ground-mounted equipment shall be screened, to the fullest extent possible, through the use of landscaping, walls, or other decorative feature, as approved by the Commission.

   2. Facilities located within a designated Historic Design Review District shall be stealth facilities, with all equipment, excluding required electrical meter cabinets, located underground or polemounted. Required electrical meter cabinets shall be screened as approved by the Commission.

4. Personal wireless telecommunication facilities not located within a Historic Design Review District designated by the city shall be designed to place all equipment underground, excluding required electrical meters. However, if such facilities cannot be placed underground, groundmounted equipment may be installed up to a height of five feet and to a footprint of 15 square feet.

   4. Pole-mounted equipment shall not exceed six cubic feet.

   5. Pole-mounted antennas shall adhere to the following guidelines:

      1. If an antenna cannot be mounted as set forth in division 1., it may be mounted in accordance with division 2. If an antenna cannot be mounted as set forth in either division

      2. or 2., it may be mounted in accordance with division 3.:

         1. A stealth facility mounted on an existing, collocated monopole or tower;

         2. A stealth facility mounted on an existing steel or concrete pole, including a light standard; or

         3. A stealth facility mounted on a new steel, wood or concrete pole but only if applicants can show that there is no existing infrastructure within 200 feet along the subject right-of-way that is available and technically feasible to support a small cell.

      3. All installations shall be engineered to withstand high wind loads. An evaluation of high wind load capacity shall include the impact of an additional antenna installation on a pole with existing antennae.

      4. The maximum height of any antenna shall not exceed 24 inches above the height of a pole or tower other than a streetlight pole, nor six feet above the height of a streetlight pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 16 feet above any drivable road surface. All installations on utility poles shall fully comply with California Public Utilities Commission General Order 95 as it now exists or may hereafter be amended.

      5. A freestanding telecommunications tower or monopole shall be set back a distance of at least 150% of the height of the tower to the nearest structure designed for occupancy.

   6. Equipment shall be located so as not to cause:

      1. Any physical or visual obstruction to pedestrian or vehicular traffic;

      2. Inconvenience to the public's use of a public right-of-way; or

      3. Safety hazards to pedestrians and motorists. In no case shall ground-mounted equipment, walls, or landscaping be less than 18 inches from the front of the curb.

   7. Facilities shall not be located within 500 feet of another wireless facility on the same side of a street.

   8. No facility shall be built so as to cause the right-of-way in which the facility is located to fail to comply with the Americans with Disabilities Act.

5. Findings . In addition to the findings required in § 115.04(K) above, no proposed personal wireless telecommunication facility subject to the approval of a wireless facility permit within a public right-ofway may be approved unless the following findings are made:

   1. The proposed facility has been designed to blend with the surrounding environment, with minimal visual impact on the public right-of-way.

6. The proposed facility will not have an adverse impact on the use of the public right-of-way, including but not limited to, the safe movement and visibility of vehicles and pedestrians.

7. Conditions of approval . In addition to compliance with the guidelines outlined in division (C) of this section and the conditions of approval listed in § 115.04(H) above, all facilities approved under this § 115.06 shall be subject to the following conditions:

   1. Any approved wireless communication facility within a public right-of-way shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Director to:

      1. Protect the public health, safety, and welfare;

      2. Prevent interference with pedestrian and vehicular traffic; or

      3. Prevent damage to a public right-of-way or any property adjacent to it. Before Director imposes conditions, changes, or limitations pursuant to this paragraph, he or she shall notify the applicant or operator, in writing, by mail to the address set forth in the application or such other address as may be on file with the city. Such change, new limitation or condition shall be effective 24 hours after deposit of the notice in the United States mail.

   2. The applicant or operator of the personal wireless telecommunication facility shall not move, alter, temporarily relocate, change, or interfere with any existing public facility, structure or improvement without the prior written consent of the city, and the owner in the circumstance where the owner is not the city. No structure, improvement or facility owned by the city shall be moved to accommodate a personal wireless telecommunication facility unless:

      1. The city determines, in its sole and absolute discretion, that such movement will not adversely affect the city or surrounding residents or businesses; and

      2. The applicant or operator pays all costs and expenses related to the relocation of the city's facilities. Every applicant or operator of any personal wireless telecommunication facility shall assume full liability for damage or injury caused to any property or person by his, her, or its facility. Before commencement of any work pursuant to an encroachment permit issued for any personal wireless telecommunication facility within a public right-of-way, an applicant shall provide the city with documentation establishing to the city's satisfaction that the applicant has the legal right to use or interfere with any other facilities within the public right-of-way to be affected by applicant's facilities.

   3. Should any utility company offer electrical service to a wireless facility which service does not require the use of a meter cabinet, the applicant or operator of the facility shall at its cost remove the meter cabinet and any foundation thereof and restore the area to its prior condition.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019 115.07 Wireless Facility Minor Modification Permit

This section governs applications for certain modifications to existing personal wireless telecommunications facilities, as specified.

1. Purpose . Section 115.07 is intended to comply with the city's obligations under federal law, which provides that the city "may not deny, and shall approve any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." (47 U.S.C. § 1455(a)(1), adopted as Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, Pub.L No. 112-96, 126 Stat. 156.) This section creates a process for the city to review an application for a wireless facility minor modification permit submitted by an applicant who asserts that a proposed collocation or modification to an existing personal wireless telecommunications facility is covered by this federal law and to determine whether the city must approve the proposed collocation or modification. The city's review of these applications is structured to comply with the requirements of Title 47, United States Code, § 1455 and the Federal Communications Commission's regulations implementing this federal law, adopted on December 17, 2014 and codified at 47 C.F.R. §§ 1.40001, et seq. Consistent with section 115.01, this section is intended to promote the public's health, safety, and welfare, and shall be interpreted consistent with the federal Telecommunications Act of 1996 (Pub. L. No. 104-104, 110 Stat. 56), Title 47, United States Code, § 1455, and applicable Federal Communications Commission regulations and court decisions considering these laws and regulations.

2. Applicability . An applicant seeking approval of a collocation or modification to an existing personal wireless telecommunication facility which the applicant contends is within the protection of Title 47, United States Code, § 1455 shall apply for the following at the same time:

   1. A wireless facility minor modification permit, in addition to;

   2. An encroachment permit from the public works department (if the required by applicable provisions of this Code); and

   3. Any other permit required by applicable provisions of this code including a building permit or tree permit. No collocation or modification to an existing personal wireless telecommunication facility shall be installed unless the applicant or operator has obtained either a wireless facility minor modification permit or a wireless facility permit.

3. Application content . All applications for a wireless facility minor modification permit must include the following items.

   1. Application form . The city's standard application form, available on the city's website or from the Planning Department, as may be amended.

   2. Application fee . An application fee as established by the City Council by resolution.

   3. Mailing labels and notices . Applicant shall submit a legible mailing list and stamped envelopes, stamped and addressed with sufficient postage, for all properties and record owners of properties entitled to receive notice for administrative and public hearing reviews.

4. Project narrative and justification . The applicant shall submit a written statement that explains in plain factual detail whether and why the proposed collocation or modification of an existing wireless facility is within the protection of Title 47, United States Code, § 1455 and written documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location in accordance with the location requirements of § 115.04(E).

   5. Independent consultant deposit . An independent consultant fee deposit, if required by the council by resolution, to reimburse the city for its costs to retain an independent consultant to review the technical aspects of the application.

   6. Site and construction plans . Complete and accurate plans, drawn to scale, signed, and sealed by a Californialicensed engineer, land surveyor, and/or architect, which include the following items.

      1. A site plan and elevation drawings for the facility as existing and as proposed with all height and width measurements explicitly stated.

5. A depiction, with height and width measurements explicitly stated, of all existing and proposed transmission equipment.

6. A depiction of all existing and proposed utility runs and points of contact.

7. A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plan view.

8. For proposed collocations or modifications to wireless towers, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the wireless tower as it existed on February 22, 2012, or as approved if constructed after February 22, 2012. For proposed collocations or modifications to base stations, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the base station as it existed on February 22, 2012, or as approved if constructed after February 22, 2012.

1. Visual simulations . A visual analysis that includes:

   1. Scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle;

   2. A color and finished material palate for proposed screening materials; and

   3. A photograph of a completed facility of the same design and in roughly the same setting as the proposed wireless communication facility.

2. Statement asserting that Section 6409 Applies . A written statement asserting that the proposed collocation or modification is an "eligible facilities request" and does not result in a substantial change in the physical dimensions of the facility's wireless tower or base station, as defined by Section 6409, Title 47, United States Code,§ 1455, and justifying that assertion. The written statement shall identify and discuss each required finding for approval of a wireless facility minor modification permit under § 115.07(E) the facts that justify the request for the Director to make each finding.

3. Prior permits . True and correct copies of all previously issued permits, including all required conditions of approval and a certification by the applicant that the proposal will not violate any previous permit or conditions of approval or why any violated permit or conditions does not prevent approval under Title 47, United States Code, § 1455 and the Federal Communications Commission's regulations implementing this Federal law.

4. Affirmation of radio frequency standards compliance . An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, because it will not cause members of the general public to be-exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A" titled "Optional Checklist for Determination Of Whether a Facility is Categorically Excluded" for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of "effective radiated power."

5. Structural analysis . A structural analysis, prepared, signed, and sealed by a Californialicensed engineer that assesses whether the proposed wireless telecommunications facility complies with all applicable building codes.

6. Noise study . A noise study, prepared, signed, and sealed by a California-licensed engineer, for the proposed personal wireless telecommunication facility including, but not limited to, equipment, such as air conditioning units and back-up generators; or a written statement signed and sealed by a California-licensed engineer indicating that the proposed modification(s) will not alter the existing noise levels or operational equipment which creates noise.

   7. Other permits . An application for a wireless facility minor modification permit shall include all permit applications with all required application materials for each and every separate permit required by the city for the proposed collocation or modification to an existing personal wireless telecommunications facility, including a building permit, an encroachment permit (if applicable), and an electrical permit (if applicable).

   8. Other information . Such other information as the city may require, as specified in publically available materials.

7. Application review, notice, and hearing . Each application for a wireless facility minor modification permit shall be reviewed by the Director.

   1. Administrative review process . Each application for a wireless facility minor modification permit shall be reviewed by the Director in the following manner:

      1. Within 30 calendar days after the Director receives a duly-filed application, the Director shall review the application for completeness, and if any application does not contain all the materials required shall send written notice to the applicant that identifies the missing or incomplete requirements.

      2. Not less than ten calendar days prior to the date on which the administrative decision will be made, the Director shall give notice of the proposed requested application by mail or delivery to record of owner located within 300 feet of the proposed site.

      3. If no hearing is requested by the applicant or other affected person, or if no responses are received in opposition to the request within the prescribed time period, then the Director shall issue the permit subject to conditions determined by the Director.

8. If a hearing is requested by the applicant or other affected person, or if any responses are received in opposition to the request, the Director shall forward the application to the Planning Commission for formal public hearing and considerations. When the application is forwarded to the Planning Commission, the applicant shall be responsible for paying any additional application fees and providing any additional permit application materials. Under Federal law, the city must approve or deny an application for a wireless facility minor modification permit, together with any other city permits required for a proposed wireless facility, within 60 days after the applicant submits the application for a wireless facility minor modification permit, unless tolled due to issuance of any notice of incomplete filing or by mutual agreement between the city and the applicant. Under Federal law, failure to act on a wireless facility minor modification permit application within the 60-day review period, excluding tolling period, will result in the permit being deemed granted by operation of law.

   2. Public hearing review process . Each application for a wireless facility minor modification permit shall be reviewed by the Director in the following manner:

      1. Within 30 calendar days after the Director receives a duly-filed application, the Director shall review the application for completeness, and if any application does not contain all the materials required shall send written notice to the applicant that identifies the missing or incomplete requirements.

   3. Prior to a duly notice public hearing, the Director shall give notice of the proposed requested application by mail or delivery to record of owner located within 300 feet of the proposed site.

9. Under Federal law, the city must approve or deny an application for a wireless facility minor modification permit, together with any other city permits required for a proposed wireless facility, within 60 days after the applicant submits the application for a wireless facility minor modification permit, unless tolled due to issuance of any notice of incomplete filing or by mutual agreement between the city and the applicant. Under Federal law, failure to act on a wireless facility permit application within the 60-day review period, excluding tolling period, will result in the permit being deemed granted by operation of law.

10. Applications deemed withdrawn . To promote efficient review and timely decisions, and to mitigate unreasonable delays or barriers to entry caused by chronically incomplete applications, any application governed under this chapter will be automatically withdrawn by the applicant when the applicant fails to tender a substantive response to the Director within 60 calendar days after the Director deems the application incomplete in a written notice to the applicant. As used in this division (D), a "substantive response" must include the materials identified as incomplete in the Director's notice.

1. The Director must approve an application for a wireless facility minor modification permit for a collocation or modification to an existing wireless tower on private property only if each of the following findings can be made:

   1. The applicant proposes a collocation or modification to a structure constructed and maintained with all necessary permits in good standing for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities;

   2. The proposed collocation or modification does not increase the height of the existing personal wireless telecommunication facility above its lowest height on February 22, 2012, or as approved if constructed after February 22, 2012, by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;

   3. The proposed collocation or modification does not increase the width of the facility by more than 20 feet or the width of the tower at the level of the appurtenance, whichever is greater;

   4. The proposed collocation or modification does not involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

   5. The proposed collocation or modification does not involve any excavation outside the lease or license area of the facility, including any access or utility easements;

   6. The proposed collocation or modification does not defeat any existing concealment elements of the support structure; and

   7. The proposed collocation or modification does not violate any prior conditions of approval, except as may be preempted by Section 6409, Title 47, United States Code, § 1455(a).

2. The Director must approve an application for a wireless facility minor modification permit for a collocation or modification to an existing base station on private property only if each of the following findings can be made:

   1. The applicant proposes a collocation or modification to a structure constructed and maintained with all necessary permits in good standing, whether built for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities or not, that currently supports existing wireless transmission equipment;

   2. The proposed collocation or modification does not increase the height of the existing personal wireless telecommunication facility above its lowest height on February 22, 2012, or as approved if constructed after February 22, 2012, by more than 10% or ten feet, whichever is greater;

   3. The proposed collocation or modification does not increase the width of the facility by more than six feet;

   4. The proposed collocation or modification does not involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

3. The proposed collocation or modification does not involve any excavation outside the lease or license area of the facility, including any access and utility easements;

   6. The proposed collocation or modification does not defeat any existing concealment elements of the support structure; and

   7. The proposed collocation or modification does not violate any prior conditions of approval, except as may be preempted by Section 6409, Title 47, United States Code, § 1455(a).

4. The Director must approve an application for a wireless facility minor modification permit for a collocation or modification to an existing wireless tower or base station in the public right-of-way only if each of the following findings can be made:

   1. The applicant proposes a collocation or modification to either:

      1. A structure constructed and maintained with all necessary permits in good standing for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities; or

      2. A structure constructed and maintained with all necessary permits in good standing, whether built for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities or not, that currently supports existing wireless transmission equipment;

   2. The proposed collocation or modification does not increase the height of the existing personal wireless telecommunication facility above its lowest height on February 22, 2012, or as approved if constructed after February 22, 2012, by more than 10% or ten feet, whichever is greater;

   3. The proposed collocation or modification does not increase the width of the facility by more than six feet;

   4. The proposed collocation or modification does not involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

   5. The proposed collocation or modification does not involve either:

      1. The installation of any new equipment cabinets on the ground, if none already exist; or

      2. The installation of ground equipment cabinets that are more than 10% larger in height or overall volume than any existing ground cabinets;

   6. The proposed collocation or modification does not involve any excavation outside the area in proximity to the existing ground-mounted equipment in the public right-of-way;

      7. The proposed collocation or modification does not defeat any existing concealment elements of the existing structure; and

      8. The proposed collocation or modification does not violate any prior conditions of approval, except as may be preempted by Section 6409, Title 47, United States Code, § 1455(a).

5. Conditions of approval for wireless facility minor modification permits . In addition to any other conditions of approval permitted under Federal and state law and this Code that the Director deems appropriate or required under this Code, all wireless facility minor modification permits under this subsection, whether approved by the Director or deemed granted by the operation of law, shall include the following conditions of approval:

   1. No automatic renewal . The grant or approval of a wireless facility minor modification permit shall not renew or extend the underlying permit term.

   2. Compliance with previous approvals . The grant or approval of a wireless facility minor modification permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by § 6409(a).

   3. As-built plans . The applicant shall submit to the Director an as-built set of plans and photographs depicting the entire personal wireless telecommunications facility as modified, including all transmission equipment and all utilities, within 90 days after the completion of construction.

   4. Indemnification . To the fullest extent permitted by law, the applicant and any successors and assigns, shall defend, indemnify and hold harmless city, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, related to the wireless facility minor modification permit and the issuance of any permit or entitlement in connection therewith. The applicant shall pay such obligations as they are incurred by city, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the city reasonably determines necessary to protect the city from exposure to fees, costs or liability with respect to such claim or lawsuit.

   5. Compliance with applicable laws . The applicant shall comply with all applicable provisions of this code, any permit issued under this code, and all other applicable Federal, state, and local laws. Any failure by the city to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this code, any permit issued under this code, or all other applicable laws and regulations.

   6. Compliance with approved plans . The proposed project shall be built in compliance with the approved plans on file with the Planning Department.

6. Violations . The facility shall be developed, maintained, and operated in full compliance with the conditions of the wireless facility minor modification permit, any other applicable permit, and any law, statute, ordinance or other regulation applicable to any development or activity on the site. Failure of the applicant to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of this code, the conditions of approval for the wireless facility minor modification permit, or any other law, statute, ordinance or other regulation applicable to any development or activity on the site may result in the revocation of this permit. The remedies specified in this section shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

   8. In the event that a court of competent jurisdiction invalidates or limits, in part or in whole, Title 47, United States Code, § 1455, such that such statute would not mandate approval for the collocation or modification granted or deemed granted under a wireless facility minor modification permit, such permit shall automatically expire 12 months from the date of that opinion.

   9. The grant, deemed-grant or acceptance of wireless facility minor modification permit shall not waive and shall not be construed or deemed to waive the city's standing in a court of competent jurisdiction to challenge Title 47, United States Code,§ 1455 or any wireless facility minor modification permit issued pursuant to Title 47, United States Code, § 1455 or this code.

7. Wireless facility minor modification permit denial without prejudice .

   1. Grounds for denial without prejudice . The Director may deny without prejudice an application for a wireless facility minor modification permit in any of the following circumstances:

      1. The Director cannot make all findings required for approval of a wireless facility minor modification permit;

      2. The proposed collocation or modification would cause the violation of an objective, generally applicable law protecting public health or safety;

      3. The proposed collocation or modification involves the removal and replacement of the facility's entire supporting structure; or

      4. The proposed collocation modification does not qualify for mandatory approval under Title 47, United States Code, § 1455, as may be amended or superseded, and as may be interpreted by any order of the Federal Communications Commission or any court of competent jurisdiction.

   2. Procedures for denial without prejudice . All wireless facility minor modification permit application denials shall be in writing and shall include:

      1. The decision date;

      2. A statement that the city denies the permit without prejudice;

      3. A short and plain statement of the basis for the denial; and

      4. That the applicant may submit the same or substantially the same permit application in the future.

8. Submittal after denial without prejudice . After the Director denies a wireless facility minor

   • modification permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be allowed to:

     1. Submit a new wireless facility minor modification permit application for the same or substantially the same proposed collocation or modification;

     2. Submit a new wireless facility permit application for the same or substantially the same proposed collocation or modification; or

     3. Submit an appeal of the Director's decision.

   4. Costs to review a denied permit . The city shall be entitled to recover the reasonable costs for its review of any wireless facility minor modification permit application. In the event that the Director denies a wireless facility minor modification permit application, the city shall return any unused deposit fees within 60 days after a written request from the applicant. An applicant shall not be allowed to submit a wireless facility permit application or submit a wireless facility minor modification permit application for the same or substantially the same proposed modification unless all costs for the previously denied permit application are paid in full.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019 Amended by Ord. 25-05 subd C1 and F6 only on 10/27/2025 115.08 Requirements For Small Wireless Facilities Permits

This section governs applications for small wireless facilities permits.

1. Purpose . Section 115.08 is intended to comply with the city's obligations under 47 C.F.R. §§ 1.6001 et seq., which implements 47 U.S.C. §§ 332(c)(7) and 1455. This section creates a process for the city to review an application for a small wireless facility permit submitted by an applicant who asserts that a proposed collocation of a small wireless facility using an existing structure or the deployment of a small wireless facility using a new structure, and the modifications of such small wireless facilities, is covered by Federal law and to determine whether the city must approve the proposed collocation or deployment.

2. Applicability . An applicant seeking approval of a collocation to an existing structure or a deployment to a new structure, which the applicant contends is within the protection of Title 47, United States Code, § 1455 shall apply for the following at the same time:

   1. A small wireless facility permit;

   2. An encroachment permit from the Public Works Department (if required by applicable provisions of this Code); and

   3. Any other permit required by applicable provisions of this code including a building permit or a tree permit.

3. Application content . All applications for a small wireless facility permit must include the following items:

   1. Application form . The city's standard application form, available on the city's website or from the Planning Department, as may be amended.

   2. Application fee . An application fee as established by the Council by resolution.

4. Mailing labels and notices . Applicant shall submit a legible mailing list and stamped envelopes, stamped and addressed with sufficient postage, for all properties and record owners of properties entitled to receive notice for administrative and public hearing reviews.

   4. Project narrative and justification . The applicant shall submit a written statement that explains in plain factual detail whether and why the collocation to an existing structure or a deployment to a new wireless structure is within the protection of Title 47, United States Code, § 1455. Written documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location in accordance with the location requirements of § 115.04(E).

   5. Independent consultant deposit . An independent consultant fee deposit, if required by the council by resolution to reimburse the city for its costs to retain an independent consultant to review the technical aspects of the application.

   6. Site and construction plans . Complete and accurate plans, drawn to scale, signed, and sealed by a California-licensed engineer, land surveyor, and/or architect, which include the following items.

      1. A site plan and elevation drawings for the facility as existing and as proposed with all height and width measurements explicitly stated.

      2. A depiction, with height and width measurements explicitly stated, of all existing and proposed transmission equipment.

      3. A depiction of all existing and proposed utility runs and points of contact.

      4. A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plan view.

      5. For proposed collocation or deployment to wireless towers, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the wireless tower as it existed on a demolition plan.

   7. Visual simulations . A visual analysis that includes:

      1. Scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle;

      2. A color and finished material palate for proposed screening materials; and

      3. A photograph of a completed facility of the same design and in roughly the same setting as the proposed wireless communication facility.

   8. Statement asserting that 47 C.F.R. §§ 1.6001 et seq. applies.

   9. Prior permits . True and correct copies of all previously issued permits, including all required conditions of approval and a certification by the applicant that the proposal will not violate any previous permit or conditions of approval or why any violated permit or conditions does not prevent approval under Title 47, United States Code, § 1455 and the Federal Communications Commission's regulation implementing this Federal law.

   10. Affirmation of radio frequency standards compliance . An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, because it will not cause members of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A" titled "Optional Checklist for Determination of Whether a Facility is Categorically Excluded" for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of "effective radiated power."

   11. Structural analysis . A structural analysis, prepared, signed, and sealed by a Californialicensed engineer, for the proposed small wireless facility including, but not limited to, equipment, such as air conditioning units and back-up generators; or a written statement signed and sealed by a California-licensed engineer indicating that the proposed facility will not alter the existing noise levels or operational equipment which creates noise.

   12. Other permits . An application for a small wireless facility permit shall include all permit applications with all required application materials for each and every separate permit required by the city for the proposed collocation or deployment, including a building permit, an encroachment permit (if applicable) and an electrical permit (if applicable).

5. Application review, notice, and hearing . Each application for a small wireless facility permit shall be reviewed by the Director in the following manner:

   1. Within 30 calendar days after the Director receives a duly-filed application, the Director shall review the application for completeness, and if any application does not contain all the materials required shall send written notice to the applicant that identifies the missing or incomplete requirements.

   2. The city must approve or deny an application for a small wireless facility permit, together with any other city permits required for a proposed small wireless facility, within 60 days after the applicant submits an application to collocate a small wireless facility using an existing structure, and within 90 days after the applicant submits an application to deploy a small wireless facility using a new structure.

6. Tolling period . Unless a written agreement between the applicant and the city provides otherwise, the application is tolled when the city notifies the applicant within ten days of the applicant's submission of the application that the application is materially incomplete and identifies the missing documents or information. The shot clock may again be tolled if the city provides notice within ten days of the application's re-submittal that it is materially incomplete and identifies the missing documents or information. For an application to deploy small wireless facilities, if the city notifies the applicant on or before the tenth day after submission that the application is materially incomplete, and identifies the missing documents or information and the rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation will restart at zero on the date the applicant submits a completed application.

7. Standards governing approval by Director .

   1. The Director shall approve or deny an application to collocate a small wireless facility using an existing structure by evaluating the following standards:

      1. The existing structure was constructed and maintained with all necessary permits in good standing.

      2. The existing structure is 50 feet or less in height, including any antennas, or the existing structure is no more than 10% taller than other adjacent structures.

      3. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume.

      4. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment serving the facility, is no more than 28 cubic feet in volume.

      5. The small wireless facilities do not extend the existing structure on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater.

      6. The small wireless facility does not require an antenna structure registration under part 47 C.F.R. §§ 17.1 et seq.

      7. The small wireless facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x).

      8. The proposed collocation is consistent with the wireless facility permit preferred zones and locations requirement of § 115.04(E).

      9. The proposed collocation is consistent with the design and development standards of § 115.04(F), except that § 115.04(F)(1) and (6) do not apply.

      10. The proposed collocation is consistent with the independent expert review provisions of § 115.04(E).

      11. The proposed collocation is consistent with the conditions of approval provisions of § 115.04(H).

8. For collocations not located within the public right-of-way, the proposed collocation shall be consistent with the standards of § 115.05.

   13. For collocation located within the public right-of-way, the proposed collocation shall be consistent with § 115.06, except that § 115.06(C)(7), (D) and (E) do not apply.

   14. The proposed collocation would be in the most preferred location and configuration within 250 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred location or configuration within 250 feet would be technically infeasible, applying the preference standards of this section.

   15. The proposed collocation is designed as a stealth facility, to the maximum feasible extent.

9. The Director must approve an application to deploy a small wireless facility using a new structure only if each of the following findings can be made:

   1. The new structure was constructed and maintained with all necessary permits in good standing;

   2. The new structure is 50 feet or less in height, including any antennas, or the new structure is no more than 10% taller than other adjacent structures;

   3. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

   4. All other wireless equipment associated with the facility, including the wireless equipment associated with the antenna and any pre-existing equipment associated with the facility, is no more than 28 cubic feet in volume;

   5. The small wireless facility does not require an antenna structure registration under part 47 C.F.R. §§ 17.1 et seq.

   6. The small wireless facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x);

   7. For new structures not located within the public right-of-way, the proposed facility shall be consistent with the standards of § 115.05;

   8. For new structures located within the public right-of-way, the proposed facility shall be consistent with § 115.06, except that § 115.06(C)(7), (D) and (E) do not apply.

   9. The proposed project would be in the most preferred location and configuration within 250 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred location or configuration within 250 feet would be technically infeasible, applying the preference standards of this section.

   10. The proposed collocation is designed as a stealth facility, to the maximum feasible extent.

10. Small cell location and configuration preferences . The city prefers that small wireless facilities in the public right of way or in the equivalent right of way on homeowners' association owned lands and private streets be configured on the following support structures, in order of preference from most to least preferred: existing or replacement street light standard; existing or replacement concrete or steel utility pole; existing or replacement wood utility pole; new street light standard; new utility pole. The city prefers that small wireless facilities outside the public right of way be configured on the following support structures, in order of preference from most to least preferred: on existing, approved wireless facility support structures operating in compliance with this code; on existing buildings or non-tower structures; on existing or replacement utility poles or towers; in new towers meeting the height requirements of the applicable FCC regulations.

11. Conditions of approval for small wireless facility permits . In addition to any other conditions of approval permitted under Federal and state law and this Code that the Director deems appropriate or required under this Code, all small wireless facility permits under this division shall include the following conditions of approval:

    1. No automatic renewal . The grant or approval of a small wireless facility permit shall not renew or extend the underlying permit term.

    2. Compliance with previous approvals . The grant or approval of a small wireless facility permit shall be subject to the conditions of approval of the underlying permit.

    3. As-built plans . The applicant shall submit to the Director an as-built set of plans and photographs depicting the entire small wireless facility as modified, including all transmission equipment and all utilities, within 90 days after the completion of construction.

    4. Indemnification . To the fullest extent permitted by law, the applicant and any successors and assigns, shall defend, indemnify and hold harmless the city, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, related to the wireless facility minor modification permit and the issuance of any permit or entitlement in connection therewith. The applicant shall pay such obligations as they are incurred by city, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the city reasonably determines necessary to protect the city from exposure to fees, costs or liability with respect to such claim or lawsuit.

    5. Compliance with applicable laws . The applicant shall comply with all applicable provisions of this code, any permit issued under this code, and all other applicable federal, state, and local laws. Any failure by the city to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this code, any permit issued under this code, or all other applicable laws and regulations.

    6. Compliance with approved plans . The proposed project shall be built in compliance with the approved plans on file with the Planning Department.

    7. Violations . The small wireless facility shall be developed, maintained, and operated in full compliance with the conditions of the small wireless facility permit, any other applicable permit, and any law, statute, ordinance or other regulation applicable to any development or activity on the site. Failure of the applicant to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of this code, the conditions of approval for the wireless facility minor modification permit, or any other law, statute, ordinance or other regulation applicable to any development or activity on the site may result in the revocation of this permit. The remedies specified in this section shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

    8. In the event that a court of competent jurisdiction invalidates or limits, in part or in whole, Title 47, United States Code, § 1455, such that such statute would not mandate approval for the collocation or deployment granted or deemed granted under a wireless facility minor modification permit, such permit shall automatically expire 12 months from the date of that opinion.

    9. The grant, deemed-grant or acceptance of a small wireless facility permit shall not waive and shall not be construed or deemed to waive the city's standing in a court of competent jurisdiction to challenge Title 47, United States Code, § 1455 or any small wireless facility permit issued pursuant to Title 47, United States Code, § 1455 or this code.

12. Small wireless facility permit denial without prejudice .

    1. Grounds for denial without prejudice . The Director may deny without prejudice an application for a small wireless facility permit in any of the following circumstances:

       1. The Director cannot make all findings required for approval of a small wireless facility permit;

       2. The proposed collocation or deployment would cause the violation of an objective, generally applicable law protecting public health or safety;

13. The proposed collocation or deployment involves the removal and replacement of an existing facility's entire supporting structure; or

    4. The proposed collocation or deployment does not qualify for mandatory approval under Title 47, United States Code, § 1455, as may be amended or superseded, and as may be interpreted by any order of the Federal Communications Commission or any court of competent jurisdiction.

14. Procedures for denial without prejudice . All small wireless facility permit application denials shall be in writing and shall include:

    1. The decision date;

    2. A statement that the city denies the permit without prejudice;

    3. A short and plain statement of the basis for the denial; and

    4. That the applicant may submit the same or substantially the same permit application in the future.

15. Submittal after denial without prejudice . After the Director denies a small wireless facility permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be allowed to:

    1. Submit a new small wireless facility permit application for the same or substantially the same proposed collocation or deployment;

    2. Submit a new small wireless facility permit application for the same or substantially the same proposed collocation or deployment; or

    3. Submit an appeal of the Director's decision.

16. Costs to review a denied permit . The city shall be entitled to recover the reasonable costs for its review of any small wireless facility permit application. In the event that the Director denies a small wireless facility permit application, the city shall return any unused deposit fees within 60 days after a written request from the applicant. An applicant shall not be allowed to submit a small wireless facility permit application for the same or substantially the same proposed modification unless all costs for the previously denied permit application are paid in full.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019 Amended by Ord. 25-05 on 10/27/2025 115.09 Appeals

1. Appeal of action by the Director. Unless otherwise specified in this chapter, any interested person may file an appeal of a Director’s decision. The appeal shall be filed in writing with the Planning Department within ten calendar days after the Director’s decision is issued and shall state the grounds for appeal and any specific action the appellant requests the city to take. The appropriate fee, established from time to time by resolution of the City Council, shall be paid at time of appeal. If no appeal is timely filed, the Director’s decision is final. Appeal of the Planning Director of an Administrative Review shall be forwarded to the Planning Commission.

2. Where an appeal is timely filed, the Director shall prepare a staff report regarding the original decision and shall submit the report to the Planning Commission. The Director shall set a hearing on the appeal, which shall be conducted pursuant to § 162.06. Notice of the hearing shall be given pursuant to § 162.08.

3. Appeal of action by the Planning Commission . Unless otherwise specified in this chapter, any interested person may appeal a final decision of the Planning Commission. The appeal shall be filed in writing with the City Clerk within ten calendar days after the decision and shall state the grounds for

appeal and any specific action the appellant requests the city take. The appropriate fee, established from time to time by resolution of the city council, shall be paid at the time the appeal is filed. If no appeal is timely filed, the Commission's decision is final.

4. Where an appeal is timely filed, the City Manager shall prepare a staff report regarding the original decision and shall submit the report to the City Council along with the written notice of appeal submitted by the appellant, and shall make the written record available to the City Council. The City Manager shall set a hearing on the appeal, which shall be conducted pursuant to § 162.06. Notice of the hearing shall be given pursuant to § 162.08.

5. The City Council shall hear the appeal at a regular City Council meeting or at a special meeting of the City Council called for the purpose of hearing the appeal, after allowing for sufficient time for the City Manager to prepare the written report and compile the written record. To prevent applicants from withholding information or otherwise abusing the appeal process, the City Council has the discretion but is not required to hear additional evidence, and may decide the matter solely on the record that was before the Planning Commission.

6. The City Council may accept or reject, wholly or in part, or may modify, the decision or any recommendations made by the Planning Commission. If the decision of the City Council regarding the wireless facility permit appeal is to deny the wireless facility permit or conditionally approve the wireless facility permit, the City Council shall direct the City Manager to prepare written findings referencing substantial evidence in the city's written administrative record and such written finding shall be provided to the City Council for adoption. The applicant and any appellant on the application shall receive a copy of the final written decision approved by the City Council.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019 Amended by Ord. 25-05 subd A only on 10/27/2025 115.10 Maintenance

1. All wireless communication facilities must comply with all standards and regulations of the FCC, and any other state or Federal government agency with the authority to regulate wireless communication facilities.

2. The site and the wireless communication facility, including all landscaping, fencing, and related transmission equipment must be maintained in a neat and clean manner and in accordance with all approved plans.

3. All graffiti on wireless communication facilities must be removed at the sole expense of the permittee within 48 hours of notification.

4. A wireless communication facility located in the public right-of-way may not unreasonably interfere with the use of any city property or the public right-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic, and interference with any other city or public utilities.

5. If any FCC, CPUC or other required license or approval to provide communication services is ever revoked, the permittee must inform the Director of the revocation within ten days of receiving notice of such revocation.

Adopted by Ord. 19-02 on 3/25/2019 115.11 Ownership Transfers

HISTORY

Upon transfer of an approved wireless communication facility or any rights under the applicable permit or approval, the permittee of the facility must within 30 days of such transfer provide written notification to the Director of the date of the transfer and the identity of the transferee. The Director may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the city, FCC, and CPUC.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019

115.12 Revocation Of A Wireless Facilities Permit

1. A wireless facility permit may be revoked if permittee is not in compliance with permit conditions, if the permit conditions are not enforceable, or for a failure to comply with any provision of the code relating to the permit, or relating to the wireless facility associated with the permit ("default event"). By way of example and not limitation, a refusal to timely remove facilities located in the rights-of-way where required in connection with a public works project would be a default event.

2. The city may revoke a wireless facility permit only after:

   1. Written notice of the default event has been provided to the wireless facility permit holder.

   2. The wireless facility permit holder has been afforded a reasonable opportunity to cure and comply with its permit, or demonstrate that no default event occurred.

   3. If the wireless facility permit holder fails to cure, the City Council, or designee, shall conduct a noticed public hearing where the wireless facility permit holder shall be afforded an opportunity to speak and be heard and to provide written material prior to the hearing. If the City Council or its designee, after the public hearing, finds that the wireless facility or the wireless facility permit holder has violated any law regulating the wireless facility or has failed to comply with the requirements of this chapter, the wireless facility permit, any applicable agreement or any condition of approval, the City Council may revoke the permit.

   4. Upon revocation, the City Council may require the removal of the wireless facility or take any other legally permissible action or combination of actions necessary to protect the health and welfare of the city.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019 115.13 Violations

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership, or corporation violating any provision of this chapter or failing to comply with any of its requirements will be deemed guilty of an infraction and upon conviction thereof will be punished by fine not exceeding $1,000. Each such person, firm, partnership, or corporation will be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of

the provisions of this chapter is committed, continued or permitted by such person, firm, partnership, or corporation, and will be deemed punishable therefor as provided in this chapter. The remedies specified in this chapter shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019 115.14 Severability

In the event that a court of competent jurisdiction holds any section, subsection, paragraph, sentence, clause, or phrase in this chapter unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this chapter and shall not affect the validity of the remaining portions of this chapter. The city hereby declares that it would have adopted each section, subsection, paragraph, sentence, clause, or phrase in this chapter irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases in this chapter might be declared unconstitutional, preempted, or otherwise invalid.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019 116 PEDDLERS, SOLICITORS AND VENDORS 116.01 Street And Sidewalk Sales 116.02 Residential Peddling And Soliciting 116.03 Permits; Investigations; Issuance 116.04 Permits; Terms; Appeals 116.05 Permits; Fees

116.01 Street And Sidewalk Sales

It shall be unlawful for any person, without first having obtained a permit from the Chief of Police, to sell, display for sale, trade, vend or peddle any personal property on the streets or sidewalks of the city.

(1973 Code, § 5-10.01) (Ord. 706, eff. 6-22-1977) Penalty, see § 10.99

116.02 Residential Peddling And Soliciting

It shall be unlawful for any person, without first having obtained a permit from the Chief of Police, to go upon any residential real property, or to enter into any private residence, within the city for the purpose of either:

1. Soliciting food, clothing, charitable assistance, financial aid, alms, money or any personal property from any person unless the person is an authorized member or representative of an association or society for benevolent, charitable or religious purposes; or

2. Selling, trading, soliciting, vending or peddling any article, merchandise or other personal property without having been requested or invited to do so by the owners or occupants of the residential real property.

(1973 Code, § 5-10.02) (Ord. 706, eff. 6-22-1977) Penalty, see § 10.99

The permits required by the provisions of this chapter shall be issued only if, after investigation, the Chief of Police finds that the applicant is of sound moral character, is financially responsible, and that the proposed activity will not unreasonably interfere with vehicular or pedestrian traffic control or the reasonable enjoyment of the residential use of real property of the citizens of the city.

(1973 Code, § 5-10.03) (Ord. 706, eff. 6-22-1977)

1. The permits required by the provisions of this chapter shall be for the duration, not to exceed one year, and upon the terms as the Chief of Police shall determine necessary so as not to unreasonably interfere with vehicular or pedestrian traffic control.

2. Any applicant denied a permit, or dissatisfied with any of the conditions thereof, may appeal the denial or objectionable condition to the Council for a public hearing and final determination thereof.

(1973 Code, § 5-10.04) (Ord. 706, eff. 6-22-1977)

A condition of the issuance of the permits required by the provisions of this chapter shall be the charging of a permit fee reasonably related to the cost of the investigation and administrative processing of the application for the permit, which fee shall be fixed or changed by the Council by resolution.

(1973 Code, § 5-10.05) (Ord. 706, eff. 6-22-1977)

117 AUCTION SALES; AUCTIONEERS

117 General Provisions (Sections 117.01-117.03) 117 License Requirements (Sections 117.15-117.18) 117 Auctions; Operating Requirements (Sections 117.30-117.35) 117 Auctioneers; Operating Requirements (Sections 117.50-117.99)

Display of Harmful Material to Minors, see §§ 130.001

Peddlers, Solicitors and Vendors, see Chapter 116

117 General Provisions (Sections 117.01-117.03) 117.01 Definitions 117.02 Contests 117.03 Exemptions

117.01 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUCTION .

1. The offering for sale or selling of personal property to the highest bidder, or the offering for sale or selling of personal property by the method known as downhill selling, as defined herein.

2. AUCTION shall not include any person making any sale or any sale made by virtue or pursuant to the provisions of any law of the United States or of the state, or pursuant to the provisions of any order made by any court of the United States or the state, or by virtue of any mortgage, deed of trust, or other lien.

1. A person who offers for sale at an auction sale any personal or real property.

2. AUCTIONEER shall not include any person making any sale or any sale made by virtue or pursuant to the provisions of any law of the United States or of the state, or pursuant to the provisions of any order made by any court of the United States or the state, or by virtue of any mortgage, deed of trust or other lien.

DOWNHILL SELLING . The first offering of an article at a higher price and then offering the article at successive lower prices until a bidder is secured.

JEWELRY . Diamonds and other precious and semiprecious stones, pearls, cultured pearls, synthetic stones and any imitations of any of such articles, articles for personal wear and adornment of any character whatsoever commonly and commercially known as jewelry, watches, clocks, silverware, goldware, precious metal ware of the platinum group and wares plated with any of the precious metals.

(1973 Code, § 5-3.01) (Ord. 414, eff. - -)

In any advertised contest in which merchandise is an award, a winner shall be entitled to receive his or her reward without further obligation to the offeror or any other person, except to the extent that all advertisements of the contest shall specifically state.

(1973 Code, § 5-3.14) (Ord. 414, eff. - -)

117.03 Exemptions

The provisions of this chapter shall have no application to any auction or sale conducted by any charity, church, lodge or other association or corporation not organized for profit.

(1973 Code, § 5-3.15) (Ord. 414, eff. - -)

117 License Requirements (Sections 117.15-117.18)

117.15 License Required

117.16 Auctions; Applications; Form

117.17 Auctioneers; Licenses Required; Granting; Fees; Bonds

117.18 Auctions And Auctioneers; Licenses; Revocation

117.15 License Required

No person shall conduct any auction in the city without having first obtained a license as provided in this chapter.

(1973 Code, § 5-3.02) (Ord. 414, eff. - -)

117.16 Auctions; Applications; Form

Applications for licenses to conduct auctions shall be made to the Police Chief and shall set forth the following:

1. The name of the person who shall conduct the auction;

2. The place where the auction is to be conducted;

3. A general description of the goods which are proposed to be sold at the auction; and

4. The names of 2 residents of the city who may be referred to concerning the moral character of the applicant.

(1973 Code, § 5-3.03) (Ord. 414, eff. - -)

117.17 Auctioneers; Licenses Required; Granting; Fees; Bonds

1. A license to act as an auctioneer pursuant to the provisions of this chapter shall be granted by the Police Chief upon compliance with the provisions of § 117.16 and the following conditions:

   1. In addition to the taxes set forth herein, the payment of a fee of $35 which shall entitle the licensee to do business as an auctioneer for 1 year, unless the license shall be revoked pursuant to the provisions of § 117.18; and

   2. The deposit with the City Manager of a penal bond in the amount of $1,000, with sureties to be approved by the City Manager, conditioned that upon the failure to comply with any of the conditions or provisions of this chapter, the auctioneer or his or her sureties will pay any fine which may be imposed upon him or her for the violation, and further conditioned that the auctioneer or his or her sureties will pay to any person aggrieved by any act of the auctioneer in violation of any of the provisions of this chapter any amount which a court of competent jurisdiction may determine the person is entitled to because of such violation.

2. The provisions of this section shall not apply to any license in force on January 5, 1955, authorizing the holder to do business as an auctioneer, but, upon the termination of the license, the future conduct of the auctioneer shall be governed by the provisions of this section.

(1973 Code, § 5-3.04) (Ord. 414, eff. - -)

117.18 Auctions And Auctioneers; Licenses; Revocation

1. Upon violation of any of the provisions of this chapter, the Council may, after a hearing, revoke any license granted pursuant to the provisions of this chapter. A conviction pursuant to the provisions of § 117.99 shall automatically revoke the license of the person convicted.

2. No person whose license has been revoked during the 6 months next preceding the date of the filing of an application for a new license shall be granted a license, except with the consent of the Council.

(1973 Code, § 5-3.05) (Ord. 414, eff. - -)

117 Auctions; Operating Requirements (Sections 117.30-117.35)

117.30 Inventories 117.31 Misrepresentation Of Quality Goods 117.32 Substitution Of Goods 117.33 False Representation 117.34 Auctions To Be Held On Successive Business Days 117.35 Jewelry Auctions

1. Any auctioneer who shall sell or offer for sale at public auction in the city any stock or merchandise which the auctioneer, in any manner or by any means, represents as being a whole or part of goods belonging or kept in the business of another shall, before offering the goods for sale at public auction, file with the Police Chief 10 days before the opening of any auction a verified detailed inventory of this stock of merchandise.

2. The verification shall state that the inventory as filed is, in all respects, true and that no goods not thus inventoried will be sold. No goods other than the goods listed in the inventory may be sold at the auction.

3. The inventory shall be kept by the Police Chief as a part of his records and shall be open for inspection to the public.

(1973 Code, § 5-3.06) (Ord. 414, eff. - -)

117.31 Misrepresentation Of Quality Goods

No auctioneer of personal property shall knowingly or negligently misrepresent the quality of any article offered for sale at any auction. Violations of the provisions of this section may be punishable as provided in § 117.99.

(1973 Code, § 5-3.07) (Ord. 414, eff. - -) Penalty, see § 117.99

No auctioneer of personal property who shall offer for sale at public auction any article shall thereafter substitute any article in lieu of that offered after the same has been purchased.

(1973 Code, § 5-3.08) (Ord. 414, eff. - -) Penalty, see § 10.99

117.33 False Representation

1. No auctioneer of personal property, with the intent to induce a person to purchase such personal property, shall make any false representation or statement as to the ownership, character or quality of the property.

2. No auctioneer shall falsely represent or pretend that any goods, wares or merchandise which is offered for sale at an auction is in whole or part a bankrupt, insolvent or damaged stock of goods, or goods saved from fire, or goods of any character or history other than the true character and history of the goods.

(1973 Code, § 5-3.09) (Ord. 414, eff. - -) Penalty, see § 117.99

117.34 Auctions To Be Held On Successive Business Days

All auctions provided for in this chapter shall be held on successive business days when once commenced and shall not continue for more than 30 days from the commencement of the auction.

(1973 Code, § 5-3.10) (Ord. 414, eff. - -)

1. No auction of jewelry shall be held unless the person offering the stock for sale at public auction has been continuously in business in the city as a retail or wholesale merchant of jewelry for at least 1 year before the date on which the auction shall open, and only where the merchant is bona fide disposing of his or her stock for the purpose of retiring from business.

2. The provisions of this section shall not apply to judicial sales or sales by executors or administrators, nor to sales by or on behalf of a licensed pawnbroker or unredeemed pledges in the manner provided by law; provided, however, if a person is engaged in a combined jewelry and pawnbroker business, that portion of the business which is a jewelry business, as distinguished from the business of the pawnbroker, shall be subject to the provisions of this chapter.

(1973 Code, § 5-3.11) (Ord. 414, eff. - -)

117 Auctioneers; Operating Requirements (Sections 117.50-117.99)

117.50 Records

117.51 Grievances 117.99 Penalty

1. Every auctioneer shall keep a record book in which shall be entered each sale, the amount paid and the date of each sale.

2. The book shall be open at all times for inspection by any member of the Police Department.

(1973 Code, § 5-3.12) (Ord. 414, eff. - -)

117.51 Grievances

Any person aggrieved or damaged by any act of an auctioneer in the city in violation of, or contrary to, the provisions of this chapter shall have an action against the auctioneer and/or his or her bondsperson upon his or her official bond therefor.

(1973 Code, § 5-3.13) (Ord. 414, eff. - -)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not less than $50, and not exceeding $300. This penalty shall be in addition to any other penalty provided in this chapter.

(1973 Code, § 5-3.16) (Ord. 414, eff. - -)

118 PRIVATE PATROL OFFICERS

118.01 Definitions

118.02 Responsibility

118.03 Licenses; Registration 118.04 Uniforms, Insignia And Vehicles 118.05 Imitation Firearms 118.06 Reports Of Use Of Firearms

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OPERATOR . A private patrol operator licensed as provided by law to conduct a private patrol business.

PRIVATE PATROL . Any business or service whereby the operator of the business or service, for any consideration whatsoever, agrees to furnish, or furnishes, a watchperson, guard, patrolperson or other person to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind.

PRIVATE PATROL OFFICER . Any employee of a private patrol operator performing security guard functions.

(1973 Code, § 4-9.01) (Ord. 721, eff. 4-13-1978)

The operator of a private patrol business, at all times, shall be legally responsible for the good conduct in the business of each of his or her employees or agents and for their compliance with the provisions of this chapter.

(1973 Code, § 4-9.02) (Ord. 721, eff. 4-13-1978)

118.03 Licenses; Registration

1. It shall be unlawful for any person to perform any duty, act or service as a private patrol officer within the city unless the person has, in his or her possession, a valid license issued by the state as provided by law.

2. It shall be unlawful for the operator of any private patrol business, or for any person responsible for the management or operation of the business, to allow any employee to perform any duty, act or service as a private patrol officer within the city unless the employee has qualified for and holds a valid license issued by the state as provided by law.

3. Any person obtaining any valid license to act in the capacity of a private patrol officer shall register the license with the Chief of Police prior to engaging in any private patrol officer service or business within the city.

(1973 Code, § 4-9.03) (Ord. 721, eff. 4-13-1978; Am. Ord. 775, eff. 10-13-1982) Penalty, see § 10.99

No person, in connection with the operation of a private patrol business, shall use any sign, badge, insignia, uniform, vehicle, title or designation, or make any express or implied representation, calculated to induce the belief that he or she is a member of, or in any way connected with, the Police Department or any other regular law enforcement agency of any other government or governmental agency. Any badge, insignia, uniform or

vehicle shall be clearly distinguishable from those used by regular law enforcement officers and shall be approved by the Chief of Police prior to any use in connection with the operation of the private patrol business.

(1973 Code, § 4-9.06) (Ord. 721, eff. 4-13-1978)

It shall be unlawful for any person, while acting within the course and scope of his or her employment as a private patrol officer, to carry on his or her person any imitation or replica of a firearm or any device intended to convey the impression that he or she is carrying a firearm. It shall also be unlawful for any such person in the course and scope of the employment to carry any aerosol spray device, except as provided by law.

(1973 Code, § 4-9.07) (Ord. 721, eff. 4-13-1978) Penalty, see § 10.99

Any person who at any time draws a firearm or discharges a firearm within the course and scope of his or her employment as a private patrol officer shall file a report in writing with the Chief of Police of the occurrence within 24 hours thereafter.

(1973 Code, § 4-9.08) (Ord. 721, eff. 4-13-1978)

119 AMBULANCES 119.01 Purposes 119.02 Definitions 119.03 Certificates Of Public Convenience And Necessity 119.04 Business License Taxes 119.05 Operating Regulations 119.06 Renewal Of Licenses 119.07 Public Liability 119.08 Records Of Calls

It is the intent of the Council in adopting this chapter to follow the provisions set forth in Chapter 26 of the Placer County Code which addresses ambulance services and medical transportation.

(1973 Code, § 4-8.01) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

119.02 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMBULANCE . Any vehicle specially constructed, modified, equipped and used for the purpose of urgent transportation of sick, injured, convalescent, infirm or otherwise incapacitated persons who may require immediate measures to prevent loss of life or worsening of a traumatic injury or illness or have sudden need of medical attention.

ATTENDANT . An employee of the certificate holder assigned to assist the operator in the transportation and caring of wounded, injured or sick.

APPLICANT . Any person, organization or service provider who applies for a permit under this chapter.

BOARD . The governing Board of the Local E.M.S. Agency.

CITY . The City of Auburn, a municipal corporation of the State of California.

CITY MANAGER . The City Manager of the city.

EMERGENCY MEDICAL CARE COMMITTEE (E.M.C.C.) . The Placer County Committee established pursuant to Cal. Health and Safety Code § 1797.270.

LOCAL E.M.S. AGENCY .

1. The agency, department or office having primary responsibility for administration of emergency medical services in a county or region and which is designated pursuant to Cal. Health and Safety Code Chapter 4, commencing with § 1797.200.

2. At the time of the writing of the ordinance codified in this chapter, Placer County participates in a Joint Powers Agency (Sierra- Sacramento Valley EMS Agency) with four other counties, pursuant to the provisions of Cal. Gov't Code Chapter 5, commencing with § 6500, Division 7, Title 1.

OPERATION WITHIN THE CITY . The receiving, picking up or embarking within the city of a sick or injured person for transportation or conveyance to any point within or without the city, except:

1. The transportation from hospitals, licensed nursing homes and certified extended care facilities located in the city to points outside the city; and

2. Receiving, picking up or embarking within the city of a sick or injured person during any disaster or during any emergency declared by any person designated by the City Manager to so declare.

OPERATOR . The driver of an ambulance.

PERMIT . The document authorized/issued by the local E.M.S. Agency on behalf of the Board which issues a permit for a service to provide emergency care and/or medical transportation in the city.

STATE . The State of California.

(1973 Code, § 4-8.02) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

119.03 Certificates Of Public Convenience And Necessity

1. No person shall engage in the business of operating any ambulance within the city without first having obtained a permit from the Local E.M.S. Agency as specified in Chapter 26 of the Placer County Code, which addresses Ambulance Services and Medical Transportation.

2. All persons applying to the city for a license to operate any ambulance in the city shall file with the city's Licensing- Revenue Officer a sworn application form stating as follows:

   1. The name and address of the owner or person applying, if a partnership; if a corporation, the names of the directors and principal officers;

   2. The number of vehicles proposed to be operated;

   3. The name, type, year of manufacture, motor number and capacity of each vehicle;

   4. A description of the vehicle as to the color scheme, insignia, trade style and any other distinguishing characteristics;

   5. Any fact which the applicant believes tends to prove that the public convenience and necessity require the granting of a license;

   6. A statement of financial responsibility; and

   7. Such further information as the Council or the City Manager shall require.

3. On filing the application, the applicant shall pay to the Licensing-Revenue Officer the current approved fee for the license.

4. Whenever a permit holder replaces a vehicle for which a permit has been issued, he or she shall file with the Licensing-Revenue Officer the name, type, year of manufacture, serial number and motor number of the vehicle abandoned and the vehicle to be placed in use. The City Manager, as a matter of right, shall authorize the replacement of the vehicle under the existing permit. The permit holder shall comply with this section when adding more vehicles to his or her operation.

5. Any change of ownership of a licensed ambulance business shall terminate the license and shall require a new application and a new license in conformity with this chapter and applicable state laws as upon the original licensing.

(1973 Code, § 4-8.03) (Ord. 696, eff. 3-16-1977; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 95-4, eff. 6-21-1995)

Every holder of a license to operate any ambulance shall pay an annual business license tax to the city as provided herein.

(1973 Code, § 4-8.05) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

119.05 Operating Regulations

Every ambulance shall, at all times while providing ambulance service, display the city license and produce the license for inspection on the demand of any police officer, the patient or the person requesting service.

(1973 Code, § 4-8.09) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

The renewal of any license required by the provisions of this chapter, upon its expiration for any reason or after revocation, shall require conformance with all the requirements of this chapter as upon the original licensing.

(1973 Code, § 4-8.11) (Ord. 696, eff. 3-16-1977)

119.07 Public Liability

1. It shall be unlawful for any owner to operate an ambulance, or cause an ambulance to be driven or operated, and no permit for the operation shall be granted, unless there is on file with the LicensingRevenue Officer and in full force and effect at all times while the ambulance is being operated a policy of insurance, approved by the City Attorney, of a solvent and responsible insurance company authorized to do business in the state, insuring the owner of the ambulance against loss by reason of injuries or damages which may result to persons or property from the negligent operation or defective construction of the ambulance or from violations of this chapter or of any other law of the state or the United States.

2. The policy shall be in a sum of not less than $300,000 for personal injury to or the death of any person, any single accident or as a result of malpractice liability on account of services rendered in the operation of the ambulance service, and the limits on each such vehicle shall not be less than $100,000 for damages to or the destruction of property in any 1 accident.

3. 1. The insurance as is afforded in this policy shall apply to the following municipality and individuals as additional insured:

      1. The City of Auburn; and

      2. Officers and employees of the city while acting within the scope of their duties as such.

   2. The policy of insurance shall run to the city, shall inure by its terms to the benefit of any and all persons suffering injuries or damages to persons or property covered thereby, and shall provide that suits may be brought thereon in any court of competent jurisdiction by any such person. The policy shall contain an endorsement providing that the policy of insurance will not be canceled until notice in writing shall have been given to the city, addressed to the City Manager, City Hall, Auburn, California, 95603, at least 30 days prior to the time the cancellation shall become effective.

   3. The policy of insurance shall provide that there shall be a continuing liability thereon, notwithstanding any recovery thereon. If, at any time, the policy of insurance shall be canceled by the company issuing the policy, or the authority of the company to do business in the state shall be revoked, the owner shall replace the policy with another policy, as set forth in this section, satisfactory to the City Attorney, and in default thereof the owner's certificate of convenience and necessity may be revoked.

(1973 Code, § 4-8.12) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

119.08 Records Of Calls

1. Every owner, operator, director or employee of an ambulance service shall maintain a record of every emergency call responded to by dispatching an ambulance. The records shall be kept current, shall be retained for a period of not less than 3 years, and shall be available at all reasonable times for review by an authorized representative of the Police Department for the purpose of enforcing the provisions of this chapter.

2. An annual summary report, setting forth the number, type, and nature of calls for service during the preceding year, shall be filed with the Licensing- Revenue Officer within 60 days after each calendar year.

(1973 Code, § 4-8.13) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

120 VEHICLES FOR HIRE 120 General Provisions (Section 120.01) 120 License Requirements (Sections 120.15-120.20) 120 Operating Requirements (Sections 120.30-120.39)

120 General Provisions (Section 120.01)

120.01 Definition

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

TAXICAB . Every motor propelled vehicle used solely or mainly for the transportation of passengers for hire in the streets of the city, irrespective of whether the operation extends beyond the boundaries of the city.

(1973 Code, § 4-3.01) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120 License Requirements (Sections 120.15-120.20)

120.15 License Required

120.16 Applicant; Qualifications 120.17 Application; Information Required 120.18 Applicant; Misrepresentation 120.19 Applicant; Fingerprints And Photographs Required 120.20 Display Of Driver's License And Photograph

No person shall operate any taxicab unless he or she first obtains a license to do so from the Police Chief.

(1973 Code, § 4-3.02) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995) Penalty, see § 10.99

120.16 Applicant; Qualifications

Each applicant for a license to operate a taxicab shall possess the following qualifications:

1. Be 18 years of age or older;

2. Have good eyesight and be free from any debilitating illness or disease which would affect his or her ability to safely operate a taxicab, including freedom from addiction to the use of intoxicating liquors or narcotics;

3. Be able to speak the English language; and

4. Possess a valid California driver's license.

(1973 Code, § 4-3.03) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

1. Each applicant for a license to operate a taxicab shall provide the following information on a form supplied by the Police Chief:

   1. Full name;

   2. Current address;

   3. Age, height, color of hair and eyes;

   4. Place of birth;

   5. Places of previous employment for the 5 years preceding the date of application;

   6. Whether or not he or she has been convicted of any felony or a misdemeanor involving moral turpitude; and

   7. California driver's license number.

2. The application shall be signed by the applicant under penalty of perjury and filed with the Police Chief.

(1973 Code, § 4-3.04) (Ord. 513, eff. - -; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 95-15, eff. 12-27-1995)

120.18 Applicant; Misrepresentation

Any person knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in applying for a taxicab license shall be guilty of a misdemeanor.

(1973 Code, § 4-3.05) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995) Penalty, see § 10.99

120.19 Applicant; Fingerprints And Photographs Required

Each applicant for a taxicab driver's license shall have his or her fingerprints taken and shall file 2 recent photographs of himself or herself of a size that may be easily attached to the taxicab license. One of the photographs shall be attached to the license when issued and shall be carried at all times when driving a taxicab within the city. The photograph shall be attached to the license so that it cannot be removed and another photograph substituted without detection. The other photograph shall be filed with the application.

(1973 Code, § 4-3.06) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.20 Display Of Driver's License And Photograph

Each taxicab driver shall, upon demand by any police officer or passenger, exhibit his or her taxicab driver's license and photograph for inspection.

(1973 Code, § 4-3.07) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120 Operating Requirements (Sections 120.30-120.39) 120.30 Annual Fee For Driver's License 120.31 Authority To Refuse To Issue And Suspend Or Revoke Driver's License 120.32 Trade Name To Be Marked On Taxicab 120.33 Maintenance And Inspection 120.34 Permission Required To Pick Up Additional Passengers 120.35 Availability 120.36 Right To Refuse Service 120.37 Liability Insurance 120.38 Taxicab Stands; Authority To Designate 120.39 Appeal

120.30 Annual Fee For Driver's License

1. There is a fixed fee of $25 per year for a taxicab driver's license, which sum shall be paid to the Finance Director. The Finance Director shall issue a receipt for the fee.

2. The receipt shall be exhibited to the Police Department as a condition to issuance of a taxicab driver's license or renewal.

(1973 Code, § 4-3.08) (Ord. 513, eff. - -; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 95-15, eff. 12-27-1995)

120.31 Authority To Refuse To Issue And Suspend Or Revoke Driver's License

The Police Chief, in the exercise of sound and reasonable discretion, when the public safety and interest may require, may refuse to issue a taxicab driver's license, and may suspend or revoke any such license, upon:

1. The driver being convicted of a violation of Cal. Vehicle Code §§ 20001, 20002(a), 20002(b), 23103, 23152, 23153, 23220 or 23222, or upon any 2 or more convictions within one year for any moving violation of the Vehicle Code of the State of California while driving the vehicle for hire; or

2. The driver being convicted of offenses requiring registration under Cal. Penal Code § 290.

(1973 Code, § 4-3.09) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.32 Trade Name To Be Marked On Taxicab

Every taxicab shall be plainly labeled with painted letters of sufficient size to be readily discernable at a distance of 200 feet with a designation of the owner or trade name under which the owner is operating the taxicab.

(1973 Code, § 4-3.10) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.33 Maintenance And Inspection

1. Safety and sanitation required . All taxicabs, limousines and motor vehicles for hire shall be under the supervision and control of the Police Chief, and no owner or driver shall operate, or permit any such vehicle to be operated, in the city while any equipment used thereon shall be defective, unsafe or in an unsanitary condition.

2. Inspections . Every such vehicle shall, at all times, be subject to inspection by any police officer of the city.

3. Non-compliance; suspensions of licenses . The Police Chief shall suspend without previous notice any taxicab, limousine or motor vehicle for hire license granted pursuant to the provisions of this chapter whenever an owner or driver violates any of the provisions of this section.

4. Registration . All taxicabs, limousines or motor vehicles for hire shall be registered with the Police Chief.

5. Safety inspection . The Police Chief may require a safety inspection on any vehicle licensed under this chapter. Any vehicle which fails to pass a safety inspection shall not be used as a taxicab, limousine or motor vehicle for hire.

(1973 Code, § 4-3.11) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.34 Permission Required To Pick Up Additional Passengers

It is unlawful for a taxicab driver who has been hired by a passenger or group of passengers to pick up additional passengers without the express permission of the passenger or group of passengers who first hired the same.

(1973 Code, § 4-3.12) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995) Penalty, see § 10.99

120.35 Availability

Each person, company or corporation operating taxicabs in the city shall maintain a 24-hour availability. (1973 Code, § 4-3.13) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.36 Right To Refuse Service

Any operator of a vehicle under this chapter may refuse service to anyone who is belligerent or combative or in any way a threat to the safety of the operator.

(1973 Code, § 4-3.14) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.37 Liability Insurance

During the term of a permit issued pursuant to this chapter, the permittee or owner(s) of a taxicab authorized by the permit shall maintain in full force and effect, at no cost to the city, a comprehensive auto and general liability insurance policy.

1. In an amount no less than $1,000,000 single limit per occurrence;

2. Issued by an admitted insurer or insurers as defined by the California Insurance Code; and

3. Providing that the city, its officers, employees and agents are to be named as additional insureds under the policy.

(1973 Code, § 4-3.15) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.38 Taxicab Stands; Authority To Designate

1. The Police Chief is authorized to designate taxicab stands for the sole use and occupancy of such individuals or companies operating taxicabs in the city. The Police Chief, in designating spaces for use as taxicab stands, shall be guided by the parking requirements of all vehicle operators, and shall not unduly restrict the parking facilities in the city in designating the stands.

2. The Public Works Director shall place signs at the stands reading "Taxi Stand, No Parking." When the parking spaces are so signed, it is unlawful to park any vehicle, except a taxicab at the stands.

(1973 Code, § 4-3.16) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

1. In the event an applicant is denied a permit pursuant to this chapter, the applicant may appeal the denial to the City Council within 10 days of the denial.

2. A public hearing shall be held within 60 days of the filing of the appeal after proper notice of the hearing.

(1973 Code, § 4-3.17) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

121 AGGRESSIVE SOLICITATION

121.01 Definitions 121.02 Aggressive Solicitation Prohibited 121.03 All Solicitation Prohibited At Specified Locations 121.04 Non-Exclusivity 121.99 Penalty

121.01 Definitions

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PUBLIC PLACE . A place to which a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, apartment house or hotel not constituting a room or apartment designed for residence.

SOLICIT, ASK OR BEG . Includes using the spoken, written, or printed word, or bodily gestures, signs or other means to request an immediate donation of money or other thing of value or to offer the sale of goods or services.

(Ord. 11-06, eff. 8-24-2011)

121.02 Aggressive Solicitation Prohibited

1. No person shall solicit, ask or beg in an aggressive manner in any public place.

2. AGGRESSIVE MANNER shall mean any of the following:

   1. Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to:

      1. Fear bodily harm to himself or herself or to another, or damage to or loss or property; or

      2. Otherwise be intimidated into giving money or other thing of value;

   2. Intentionally touching or causing physical contact with another person or an occupied vehicle without the consent of that person or an occupant or owner of that vehicle;

   3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

   4. Using violent or threatening gestures toward a person solicited;

   5. Persisting in closely following or approaching a person, after the person has informed the solicitor by words or conduct that he or she does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

   6. Using profane, offensive, or abusive language that is likely to provoke a violent reaction.

(Ord. 11-06, eff. 8-24-2011)

121.03 All Solicitation Prohibited At Specified Locations

1. Prohibition . No person shall solicit, ask or beg on public property within 15 feet of any entrance or exit of any bank or check cashing business during its business hours or within 15 feet of any automated teller machine when it is available for customer use. When an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility.

2. Definitions . For the purposes of this division (A), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTOMATED TELLER MACHINE or ATM . Any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

AUTOMATED TELLER MACHINE FACILITY . An area inside a structure in which one or more automated teller machines are located but excluding an area within any structure the primary purpose or function of which is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings.

BANK . Any member bank of the Federal Reserve System, and any bank, savings and loan association, credit union, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of California or the United States whether or not the deposits of such institutions are insured by the Federal Deposit Insurance Corporation.

CHECK CASHING BUSINESS . Any person licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with § 12000.

2. Motor vehicles . No person shall approach an operator or occupant of a motor vehicle traveling within a public right-of- way for the purpose of soliciting, asking or begging. A vehicle is "traveling" for this purpose even though stopped at an intersection or otherwise in compliance with traffic control laws and regulations but not if parked legally. This prohibition does not apply to solicitations related to emergency repairs requested by an operator or occupant of a vehicle.

3. Public transportation vehicles. No person may solicit, ask or beg in any publicly owned or operated vehicle, including a bus, designed, used or maintained for carrying 10 or more persons, including the driver.

4. Gas stations. No person shall solicit, ask or beg within 15 feet of a fueling pump, air, or water hose at a gas station. For purposes of this division (D), GAS STATION means a business that sells at retail gasoline or other vehicle fuel dispensed by a pump. (Ord. 11-06, eff. 8-24-2011; Am. Ord. 11-09, eff. 1- 11-2012)

Nothing in this chapter shall limit or preclude the enforcement of other applicable laws to conduct within the scope of this chapter.

(Ord. 11-06, eff. 8-24-2011)

121.99 Penalty

An intentional violation of this section is punishable as a misdemeanor pursuant to Chapter 10 of this code.

(Ord. 11-06, eff. 8-24-2011)

122 TOBACCO RETAILER LICENSE

122.01 Definitions 122.02 Requirements For Tobacco Retailer License 122.03 Application Procedure 122.04 Issuance And Renewal Of License 122.05 Distance Requirements Applicable To Tobacco Retailers

122.06 Display Of License 122.07 License Nontransferable 122.08 License Violation 122.09 Suspension Of Revocation Of License 122.10 Appeals 122.11 Violations - Penalties

“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 that occurred at the location, is presumed not to be an “arm’s length transaction”.

“Characterizing flavor” means any distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice.

“Chief of Police” means the chief administrative officer of the Police Department appointed pursuant to section 32.110 of this code, or his or her designee.

“Flavored tobacco product” means any tobacco product that imparts a characterizing flavor, excluding cigarettes or chewing tobacco with a menthol, mint, or wintergreen characterizing flavor.

“Itinerant tobacco retailing” means engaging in tobacco retailing at other than a fixed location. “Licensee” means any proprietor holding a license issued by the City pursuant to this chapter. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has, or can have, sole or shared control over the day-to-day operations of a business. “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines and any other item designed or used for the smoking or ingestion of tobacco products. “Tobacco products” means: (A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. (B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. (C) Any component, part, or accessory of a tobacco product, whether or not sold separately. (D) “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. “Tobacco retailer” means any person who sells, offers for sale, exchanges, or offers to exchange any form of consideration, tobacco, tobacco products or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged or offered for exchange. “Tobacco retailing” means selling, offering for sale, exchanging, or offering to exchange any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange. “Tobacco retailing location” means the fixed, physical location where tobacco retailing occurs.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 Adopted by Ord. 19-10 on 11/25/2019 122.02 Requirements For Tobacco Retailer License

On and after January 1, 2020, it is unlawful for any person to act as a tobacco retailer without first obtaining a license for each tobacco retailing location and each such licensee and/or tobacco retailer shall comply with all provisions of this chapter. The City will only issue a license for tobacco retailing at a fixed location. No license will be issued for itinerant tobacco retailing or tobacco retailing from a vehicle.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 Amended by Ord. 19-10 on 11/25/2019 122.03 Application Procedure

An applicant, or an authorized agent, must submit an application for a tobacco retailer license to the Chief of police. Applicant must submit a separate application for each proposed tobacco retailing location. The Chief of Police may establish a form for registrations under this chapter and, if he or she does, use of that form shall be mandatory. Every application shall contain the following information:

(A) The name, address, telephone number, and signature of each proprietor;

(B) The business name, address, and telephone number of the fixed location for which a license is sought;

(C) Whether or not any proprietor has previously been issued a license pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation; and

(D) Any other information requested by the Chief of Police.

An applicant shall pay a license fee for each license applied for under this chapter in an amount established by resolution of the City Council.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019

122.04 Issuance And Renewal Of License

(A) Upon receipt of a license application and the applicable license fee, the Chief of Police shall issue a license unless:

(1) The application is incomplete or inaccurate;

(2) The application seeks a license for a tobacco retailing location that appears on a license that is suspended or has been revoked; provided, however, this subparagraph shall not constitute a basis for denial of a license if either or both of the following apply:

(a) Applicant demonstrates that he or she has acquired or is acquiring the premises in an arm’s length transaction.

(b) It has been more than five years since the most recent license for that tobacco retailing location was revoked.

(3) The application seeks a tobacco retailing license that is unlawful under this code or any other local, state, or federal law; or

(4) The Chief of Police has good cause to believe that applicant or his or her agents or employees has violated any tobacco control law at the location for which the license or renewal of the license is sought within the preceding 60 day period.

(B) Notwithstanding subdivision (A), any business operating as a tobacco retailer on July 8, 2019, except for any such business for which a license has been revoked, shall not have a license application or license renewal application denied because:

(1) The application is for tobacco retailing at a location in violation of section 122.05 of this code; or

(2) The application is required under section 122.07 of this code because the business licensed to conduct tobacco retailing is sold, and the application is for tobacco retailing at a location in violation of section 122.05 of this code.

(C) For purposes of subdivision (B), it shall be the responsibility of the applicant to prove by clear and convincing evidence that the business operated as a tobacco retailer on July 8, 2019.

(D) Licenses are valid for one year from the date of issuance, unless suspended or revoked on an earlier date.

(E) Licenses may be renewed annually by submitting an application and license fee to the Chief of Police. Renewal applications are subject to the same application requirements as set forth in this section. Renewal applications must be submitted at least 30 days, but no earlier than 60 days, before the license’s expiration. A license that is suspended or has been revoked shall not be renewed.

(F) If the Chief of Police denies a license application or license renewal application, he or she shall notify the applicant of the specific grounds for the denial in writing. The city shall serve the notice of denial personally or by mail no later than 15 days after the denial date. Notice shall be deemed complete when deposited in the United States mail or when delivered personally.

(G) Licensee may appeal the denial of a license application or license renewal application by submitting an appeal, in writing, to the Chief of Police in accordance with the provisions of section 122.11 of this code.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019

122.05 Distance Requirements Applicable To Tobacco Retailers

The City shall not issue a license for tobacco retailing within:

(A) 1,000 feet of any preschool, public or private primary or secondary school, or City park or recreational facility.

(B) 500 feet of a tobacco retailer already license pursuant to this chapter.

Distances will be measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the other applicable parcel.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 122.06 Display Of License

Each license shall be prominently displayed in a publicly visible location at the licensed premises.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 122.07 License Nontransferable

A license is nontransferable. If a licensee changes business locations, that licensee must obtain a new license prior to acting as a tobacco retailer at the new location. If a business licensed to conduct tobacco retailing is sold, the new owner must obtain a license for that location before acting as a tobacco retailer.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 122.08 License Violation

(A) It is a violation of the license for a licensee or his or her agents or employees to violate any local, state or federal tobacco-related law. The Chief of Police shall inspect tobacco retailing locations at least once per year for compliance with the provisions of this chapter. (B) It is unlawful for a tobacco retailer or his or her agents to allow any person under 21 years of age to use tobacco products on the premises of a tobacco retailing location. For the purposes of this subdivision, a tobacco retailer or his or her agents allows such conduct if he or she knows or should know of the use of tobacco products by a person under 21 years of age on the premises of the tobacco retailing location. (C) It is unlawful for a licensee or his or her agents to sell or offer for sale any flavored tobacco product. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.

(D) No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia. Examination of the identification shall include scanning or swiping pursuant to Civil Code section 1798.90.1. (E) No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing. (F) Tobacco retailing by means of a self-service display is prohibited. (G) A tobacco retailer or proprietor without a valid license including, but not limited to, a tobacco retailer whose license has been suspended or revoked:

(1) Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under section 122.02 of this code. (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 could lead a reasonable consumer to believe that such products can be obtained at that location.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 Amended by Ord. 19-10 on 11/25/2019 122.09 Suspension Of Revocation Of License

(A) In addition to any other remedy authorized by law, the Chief of Police may take action in accordance with subparagraphs (1) through (3) of this subdivision if he or she finds that the licensee or his or her agents or employees has or have violated any of the provisions of this chapter.

(1) Upon a finding by the Chief of Police of a first violation within any five-year period, either: (i) the license shall be suspended for 15 days, (ii) the tobacco retailer shall participate in a training or diversion program regarding prohibited tobacco use under federal, state, and local law, or (iii) the tobacco retailer shall pay a penalty up to $1,000 as determined by the Chief of Police.

(2) Upon a finding by the Chief of Police of a second violation within any five-year period, the license shall be suspended for 90 days.

(3) Upon a finding by the Chief of Police of a third violation within any five-year period, the license shall be revoked.

(B) Violations by a licensee at one location shall not be accumulated against other locations of that same licensee, nor shall violations against a prior licensee at a licensed location be accumulated against a new licensee at the same licensed location

(C) Notwithstanding subdivision (A) of this section, a license shall be revoked if the Chief of Police finds that any of the following conditions exist:

(1) One or more of the bases for denial of a license under section 122.04(A) of this code existed at the time application was made or at any time before the license issued.

(2) Any material information contained in the license application is found to be false or misleading.

(D) If the Chief of Police suspends or revokes a license, the suspension period or revocation begins 15 days after notice of the suspension or revocation is mailed to the licensee at the address provided in the application. The notice shall contain:

(1) A brief statement of the grounds for suspension or revocation and the duration of the suspension or revocation;

(2) A statement that the licensee may appeal the suspension or revocation, in writing, under section 122.10 of this code within 15 calendar days of the date of mailing of the notice; and

(3) A statement that the failure to timely appeal the notice of suspension or revocation will constitute a waiver of all right to an administrative appeal hearing, and the suspension or revocation will be final.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 122.10 Appeals

(A) A licensee or applicant may appeal the decision of the Chief of Police to suspend or revoke a license, or to deny a license application or license renewal application, within 15 days of mailing of notice of that action. The written appeal shall comply with section 10.93 of this code, and shall include an appeal fee, as set by resolution of the City Council.

(B) Appeals shall be heard in accordance with section 10.80 et seq. of this code. The suspension or revocation of a license shall be stayed during the pendency of an appeal which is properly and timely filed under this section. Failure to timely challenge any action under this section shall constitute an irrevocable waiver of the right to challenge said action, a final adjudication of the notice and order, and a failure to exhaust administrative remedies. If the suspension or revocation is upheld on appeal, the suspension period or revocation shall commence immediately thereafter or at a later date not to exceed thirty days determined by the hearing officer.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 122.11 Violations - Penalties

(A) Any violation of this chapter is subject to enforcement under chapter 10 of this code.

(B) Any violation of this chapter is a public nuisance.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 123 SYRINGE EXCHANGE PROGRAMS PROHIBITED 123.01 PURPOSE AND INTENT 123.02 SYRINGE EXCHANGE PROGRAMS PROHIBITED 123.03 PENALTY 123.04 CONFORMANCE TO LAW HISTORY Adopted by Ord. 23-03 on 9/25/2023 123.01 PURPOSE AND INTENT

The purpose and intent of this section is to prohibit Syringe Exchange Programs from operating in the City of Auburn in order to protect the public from the health and safety risks associated with such programs and with the improper disposal of syringes, needles and related waste. For purposes of this section, “Syringe Exchange Program” means a program operating within the jurisdictional boundaries of the City of Auburn that acts as a point of access to health education and care for people who inject drugs, where hypodermic needles and/or syringes are dispensed, or where used syringes are collected pursuant to the authority of Chapter 18 of Part 4 of Division 105 of the California Health and Safety Code, or successor section or chapter thereof, such that persons participating in and/or operating such programs are exempt from criminal prosecution for acts related to the possession of needles and/or syringes.

HISTORY

Adopted by Ord. 23-03 on 9/25/2023 123.02 SYRINGE EXCHANGE PROGRAMS PROHIBITED

It shall be unlawful and a public nuisance for any person to create, establish, operate, conduct, or participate in a needle exchange program, as defined by Health and Safety Code Section 121349, et seq.

HISTORY

Adopted by Ord. 23-03 on 9/25/2023 123.03 PENALTY

Any violation of this section may be enforced by the City, the City’s Police Department or an enforcement officer in accordance with the procedures set forth in Section 10.80 et seq. (Administrative Enforcement) of this code, relating to the issuance of citations, imposition of administrative fines, right to appeal, and the right to an administrative hearing, and shall be subject to the imposition and payment of administrative fine(s), in addition to any other legal or equitable enforcement remedy available under law, statute, regulation, and this code.

HISTORY

Adopted by Ord. 23-03 on 9/25/2023 123.04 CONFORMANCE TO LAW

The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of any such law(s).

HISTORY

Adopted by Ord. 23-03 on 9/25/2023 124 ENTERTAINMENT ZONES 124.01 Entertainment Zones 124.02 Location And Hours 124.03 Conditions And Operating Standards 124.04 Entertainment Zone Permit 124.05 Implementation 124.06 Review, Modification, Or Suspension 124.07 Violations And Enforcement

This chapter establishes entertainment zones within Old Town and Downtown Auburn to create managed, safe, and enjoyable public spaces where residents and visitors may gather, explore, and enjoy the districts. By authorizing the responsible consumption of specified alcoholic beverages on designated public streets, sidewalks, and rights-of-way, this chapter provides for orderly public enjoyment consistent with public safety.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.02 Location And Hours

A. The entertainment zones are designated as follows:

i. Old Town Auburn

Sacramento Street: From the north side of Brewery Lane north approximately 325 feet to Lincoln Way.• Lincoln Way: From the centerline of Commercial Street southeast approximately 300 feet to near the northwesterly corner of Herschel Young Park.• Commercial Street: From Washington Street northeast to Court Street, except the west one-half of Commercial Street between Lincoln Way and Court Street.• Washington Street: Entire street.• Sidewalks: All public sidewalks and parks along the streets or street sections described above.

ii. Downtown Auburn

Lincoln

Way: From east of Almond Street northeast approximately 410 feet to High Street.• High Street: From the south side of Lincoln Way north approximately 676 feet to a point 155 feet northeast of East Placer Street.• Upper Lincoln Way: From High Street northeast approximately 1,100 feet to Harrison Avenue.• Sidewalks: All public sidewalks, plazas, and parks along the streets or street sections described above.

B. Hours of operation: Friday and Saturday: 10:00 a.m. to 10:00 p.m.• Sunday: 10:00 a.m. to 9:00 p.m.• On designated federal, state, or City-recognized holidays, entertainment zones may operate from 10:00 a.m. to 10:00 p.m. If the holiday falls on a Monday, Sunday hours are also from 10:00 a.m. to 10:00 p.m.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.03 Conditions And Operating Standards

• A. Permitted alcoholic beverages within the entertainment zones:

i. Beer: 12 ounces or lessii. Wine: 5 ounces or lessiii. Mixed drinks: 12 ounces or less, containing no more than 1 ounce of distilled spirits

B. Alcoholic beverages may only be transported and consumed in City-approved non-glass and non-metal containers.

C. Persons in possession of alcoholic beverages must be 21 or older and identifiable by wristband, stamp, or other City-approved method.

D. All businesses selling alcoholic beverages must comply with all applicable federal, state, and local laws, including all California Department of Alcoholic Beverage Control (“ABC”) licensing requirements, Business and Professions Code sections 23357, 23358, 23396, and the Auburn Municipal Code.

E. Open alcoholic beverages consumed within the entertainment zones must be purchased from authorized premises within the entertainment zone or organizations authorized under ABC permits or licenses.

F. Delivery of alcoholic beverages within the entertainment zones is prohibited, except to residential buildings or private businesses.

G. No alcoholic beverages purchased at licensed premises may leave in open glass or metal containers for consumption in the entertainment zones.

H. Participation in the program is voluntary; businesses are not required to sell alcohol for off-premises consumption.

I. Nothing in this Chapter shall be construed to permit the sale or purchase of any alcoholic beverage during the hours in which sales of alcoholic beverages are prohibited under Business and Professions Code section 25631.

J. Alcoholic beverages may only be sold during the hours in which at least one licensee within the boundaries of the entertainment zone is permitted to sell alcoholic beverages for consumption on the premises.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.04 Entertainment Zone Permit

A. No business shall sell alcoholic beverages for consumption on public streets, sidewalks, and rights-of-way in the entertainment zone without first applying for and obtaining a permit from the City Manager or designee. A business must have a valid permit in effect and not suspended to sell alcoholic beverages for consumption on public streets, sidewalks, and right-of-way in the entertainment zone.

B. The permits issued pursuant to this section shall be valid for one year and shall automatically renew for additional one-year terms unless and until the permit is revoked, suspended, or modified by the City after providing notice to the business and the reasons therefore as provided in this section.

C. The issuance of a permit pursuant to this section does not excuse a person selling alcoholic beverages in the entertainment zone from complying with all applicable state and local laws and regulations.

D. The City Manager may impose additional conditions on the permit not listed in this chapter regarding the sale of alcoholic beverages for consumption on public streets, sidewalks, and rights-of-way in the entertainment zone, provided such conditions are consistent and not in conflict with this chapter and state law. Such conditions may include, but are not limited to, public safety measures, staff training requirements, use of branded or uniform cups to clearly identify permitted beverages, and the use of wristbands or stamps as approved by the City Manager.

E. The City Council may establish fees, by resolution, for the processing of applications pursuant to this section.

F. The Chief of Police or designee may, upon written notice to the business, revoke, suspend, or modify a permit to protect the health and safety of the general public or if the business is not in compliance with state law, this chapter, and/or any permit conditions.

G. Upon issuance of a notice pursuant to subsection F. above, the business shall have 15 days to appeal the notice by filing a request for administrative hearing with the City Clerk pursuant to Section 10.93 of this Code.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.05 Implementation

A. The City Manager shall, in consultation with the Chief of Police, provide the following information to ABC:

i. A copy of the ordinance establishing or modifying the entertainment zones

ii. Information as may be necessary to identify the boundaries of the entertainment zones

iii. The days and hours of operation of the entertainment zones

iv. The types of alcoholic beverages permitted within the entertainment zones

v. The approved nonglass and nonmetal containers in which alcoholic beverages may be authorized

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.06 Review, Modification, Or Suspension

A. The City shall review entertainment zone operations every two years following the adoption of this chapter to ensure each entertainment zone is being maintained in a manner that protects the health and safety of the general public. Reviews shall involve local law enforcement, and reports shall be made available to ABC upon

request. Participating businesses must respond promptly to requests for information; failure may result in modification or suspension of one or both entertainment zones.

B. The Chief of Police or designee may request and perform a review of entertainment zone operations at any time to ensure the entertainment zone is being maintained in a manner that protects the health and safety of the general public. Participating businesses must respond promptly to requests for information; failure may result in modification or suspension of one or both entertainment zones. Any review initiated pursuant to this subsection is in addition to the review required in subsection A. above.

C. Following the review required or allowed pursuant to subsection A. or B. above, the City Council may adopt a resolution modifying or suspending the entertainment zone for a period of time or indefinitely to protect the health and safety of the general public.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.07 Violations And Enforcement

A. Any violation of this chapter is a public nuisance.

B. Any violation of this chapter or any condition imposed on a permit pursuant to this chapter may be enforced by the City, the City’s Police Department or an enforcement officer in accordance with the procedures set forth in Section 10.80 et seq. (Administrative Enforcement) of this code, relating to the issuance of citations, imposition of administrative fines, right to appeal, and the right to an administrative hearing, and shall be subject to the imposition and payment of administrative fines and penalties, in addition to any other legal or equitable enforcement remedy available under law, statute, regulation, and this code.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025