Auburn Municipal Code Title IX General Regulations

TITLE IX: GENERAL REGULATIONS 90 ABANDONED, WRECKED, DISMANTLED OR INOPERABLE VEHICLES 91 PARADES, MARCHES AND ASSEMBLAGES 92 OUTDOOR FESTIVALS 93 LOUD AND UNUSUAL NOISES 94 LITTERING 95 HEALTH AND SANITATION; NUISANCES 96 HAZARDOUS MATERIALS 97 ANIMALS 98 AIRPORT RULES AND REGULATIONS 99 SAFETY ALARM SYSTEMS 100 FIRE PREVENTION; BURNING 101 PARKS AND RECREATION 102 CAMPING 103 GARAGE OR YARD SALES

90 ABANDONED, WRECKED, DISMANTLED OR INOPERABLE VEHICLES 90.01 Findings And Determinations 90.02 Definitions 90.03 Exceptions 90.04 Effect On Other Laws 90.05 Administration And Enforcement 90.06 Right Of Entry Of Certain Persons 90.07 Administrative Costs 90.08 Authority To Abate Or Remove Vehicles 90.09 Abatement And Removal; Notices 90.10 Abatement And Removal; Hearings; Notices 90.11 Abatement And Removal; Hearings; Determinations 90.12 Removal 90.13 Removal; Notices 90.14 Assessment Of Costs 90.15 Penalty

• 97.078 Permits; Revocation; Notices

• 97.079 Permits; Granting, Denial Or Revocation; Appeals; Fees

In addition to and in accordance with the determination made and the authority granted by the state pursuant to the provisions of Cal. Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, as public nuisances, the Council hereby makes the following findings and declarations:

1. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on private or public property, not including highways, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite

plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare.

2. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property, not including highways, except as expressly permitted by the provisions of this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(1973 Code, § 5-15.01) (Ord. 635, eff. - -)

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

ABANDONED VEHICLE . A vehicle is considered to be abandoned if it is left on the highway, public property, or private property in such inoperable or neglected condition that the owner's intention to relinquish all further right or interest in it may be reasonably concluded. In reaching a reasonable conclusion, one must consider the amount of time the vehicle has been there without being moved, its condition, statements from the owner and witnesses, etc.

DISMANTLED VEHICLE . A vehicle that has had, intentionally or unintentionally, one or more critical parts removed for 60 days or more. A critical part is any part that is needed to safely operate the vehicle, including but not limited to a wheel or tire, windshield, door, side quarter panel, truck hood, roof, steering wheel, motor or transmission. A vehicle can be DISMANTLED whether or not it is in operative condition.

HIGHWAY . A way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. HIGHWAY shall include street.

INOPERATIVE . Any vehicle in such condition, as a result of mechanical and/or structural defects, however caused, that it cannot be legally or actually driven under its own power. INOPERATIVE also includes any vehicle that has not been, for more than 6 months, validly registered for operation under the provisions of division 3 of the Vehicle Code of the state.

NON-OPERATIONAL . A registration status issued by the Department of Motor Vehicles. Vehicles registered by the DMV as non-operational cannot be driven, towed, stored or parked on public roads or highways. This status does not meet the registration requirement under this chapter, nor does it authorize or excuse any violation of this chapter in any way.

OWNER OF THE LAND . The owner of the land on which the vehicle, or parts thereof, is located as shown on the last equalized assessment roll.

OWNER OF THE VEHICLE . The last registered owner and the legal owner of record.

PUBLIC PROPERTY . Shall not include "highway."

VEHICLE . A device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

(1973 Code, § 5-15.02) (Ord. 635, eff. - -; Am. Ord. 05-7, eff. 3-28-2005)

The provisions of this chapter shall not apply to:

1. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where the vehicle, or parts thereof, is not visible from the street or other public or private property; or

2. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junk dealer or when the storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than Cal. Vehicle Code Chapter 10 of Division 11, commencing with § 22650, and this chapter.

(1973 Code, § 5-15.03) (Ord. 635, eff. - -)

The provisions of this chapter shall not be the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes and laws heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

(1973 Code, § 5-15.04) (Ord. 635, eff. - -)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Chief of Police. In the enforcement of the provisions of this chapter, the Chief of Police and his or her subordinate officers may enter upon private or public property to examine a vehicle, or parts thereof, or to obtain information as to the identity of a vehicle, and to remove, or cause the removal of, a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this chapter.

(1973 Code, § 5-15.05) (Ord. 635, eff. - -)

When the Council has contracted with or granted a franchise to any person, the person shall be authorized to enter upon private or public property to remove, or cause the removal of, a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this chapter.

(1973 Code, § 5-15.06) (Ord. 635, eff. - -)

The Council shall, from time to time, by resolution, determine and fix an amount to be assessed as administrative costs (excluding the actual cost of the removal of any vehicle, or parts thereof) pursuant to the provisions of this chapter.

(1973 Code, § 5-15.07) (Ord. 635, eff. - -)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property within the city, the Chief of Police shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in this chapter.

(1973 Code, § 5-15.08) (Ord. 635, eff. - -)

1. A 10-day notice of intention to abate and remove a vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in a condition that identification numbers are not available to determine ownership.

2. The notices of intention shall be in substantially the following forms:

   1. Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle, or Parts Thereof, as a Public Nuisance .

(Name and address of the owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to the provisions of Chapter 90 of the Auburn Municipal Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled, or inoperative vehicle registered to ____________ license number _____________ which constitutes a public nuisance pursuant to the provisions of Chapter 90 of the Auburn Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days after the date of the mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the City, and the costs thereof, together with administrative costs, will be assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the Council of the City of Auburn within such ten (10) day period, the Chief of Police of the City of Auburn shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for a hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice mailed ____________ (date)

s/ _______________________ Chief of Police, City of Auburn

2. Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle, or Parts Thereof, as a Public Nuisance .

(Name and address of last registered and/or legal owner of record of vehicle; notice should be given to both if different)

As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, and the like), you are hereby notified that the undersigned, pursuant to the provisions of Chapter 90 of the Auburn Municipal Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 90 of the Auburn Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days after the date of the mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the Council of the City of Auburn within such ten (10) day period, the Chief of Police of the City of Auburn shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice mailed ____________ (date) s/ ______________________ Chief of Police, City of Auburn

(1973 Code, § 5-15.09) (Ord. 635, eff. - -)

1. Upon a request by the owner of the vehicle or owner of the land received by the Council within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Council on the question of the abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and the costs of removal of the vehicle, or parts thereof, against the property on which the vehicle, or parts thereof, is located.

2. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within the 10-day period, the statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed by registered mail at least 10 days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in the condition that identification numbers are not available to determine ownership. If such a request for a hearing is not received within 10 days after the mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing.

(1973 Code, § 5-15.10) (Ord. 635, eff. - -)

1. 1. All hearings held pursuant to the provisions of this chapter shall be held before the Council which shall hear all facts and testimony the Council deems pertinent.

   2. The facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on private or public property.

   3. The Council shall not be limited by the technical rules of evidence.

2. The owner of the land may appear in person at the hearing, or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial.

3. The Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the provisions of this chapter. The Council may delay the time for the removal of the vehicle, or parts thereof, if, in the opinion of the Council, the circumstances so justify. At the conclusion of the public hearing, the Council may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled or is inoperative on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the costs of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site.

4. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he or she has not subsequently acquiesced in its presence, the Council shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the costs from the owner of the land.

5. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the Council, but does not appear, the person shall be notified in writing of the decision.

(1973 Code, § 5-15.11) (Ord. 635, eff. - -)

Five days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or 5 days after the date of the mailing of the notice of the decision, if such a notice is required by the provisions of § 90.11, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard or to any disposal site or facility operated by the city. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(1973 Code, § 5-15.12) (Ord. 635, eff. - -)

Within 5 days after the date of the removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the state identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles of the state any evidence of registration available, including registration certificates, certificates of title and license plates.

(1973 Code, § 5-15.13) (Ord. 635, eff. - -)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of § 90.11 are not paid within 30 days after the date of the order, the costs shall be assessed against the parcel of land pursuant to the provisions of Cal. Gov't Code § 38773.5 and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other city taxes.

(1973 Code, § 5-15.14) (Ord. 635, eff. - -)

A violation of any section of this chapter is a misdemeanor and punishable according to § 10.99 of this code.

(Ord. 05-5, passed 3-28-2005)

91 PARADES, MARCHES AND ASSEMBLAGES 91.01 Permits; Required

It shall be unlawful for any person, group or association of persons to assemble, hold or conduct any parade, march or similar demonstration upon any public street, lane, alley or park in the city without first having secured written permission from the Police Chief for the holding of the gathering, parade, march or similar demonstration.

(1973 Code, § 5-9.01) (Ord. 547, eff. - -) Penalty, see § 10.99

All permits issued for the holding or conducting of a parade, march or similar demonstration shall set forth the following information:

1. The place or route for the activity; and

2. The time and date of the activity.

(1973 Code, § 5-9.02) (Ord. 547, eff. - -)

1. The City Council or the Police Chief may authorize the closing of streets for local celebrations, parades, local special events and other purposes when the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.

2. The City Council may, by motion, approve street closures.

(1973 Code, § 5-9.03) (Ord. 95-7, eff. 7-26-1995)

92 OUTDOOR FESTIVALS

• 92.04 Licenses; Applications; Determinations

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

OUTDOOR FESTIVAL . Any outdoor gathering of individuals for the purpose of participation in rock dances and other musical and/or theatrical type performances which are of a periodic nature and to which the public is admitted with or without the payment of admission charges.

(1973 Code, § 5-8.01) (Ord. 606, eff. - -; Am. Ord. 775, eff. 10-13-1982)

1. It shall be unlawful for any person to operate, maintain, conduct, advertise, sell or furnish tickets or other types of written authority for admission to an outdoor festival in the city unless he shall first obtain a license from the city to operate or conduct the festival, which license shall be in addition to any business license issued pursuant to the provisions hereof.

2. Applications for licenses to conduct outdoor festivals shall be made in writing to the Licensing- Revenue Officer, shall be accompanied by a non- refundable application fee of $100 to be filed with the Licensing-Revenue Officer, and shall contain the following information:

   1. The name, age, residence, mailing address and telephone number of the applicant; (If the applicant is a partnership, the names and addresses of all general partners shall be included. If the applicant is a corporation, the application shall be signed by the president of the corporation and shall be attested to by the secretary of the corporation and shall contain the names and addresses of all corporate officers, and a certified copy of the Articles of Incorporation shall be attached to the application. The address and telephone number of the principal place of business of the applicant shall also be included in the application.)

   2. The location and legal description of the premises where the outdoor festival is proposed to be conducted, including all lands to be used for parking and other uses incidental to the outdoor activity; (The applicant shall submit proof of the ownership of the premises or the written consent of all the owners of the premises for the proposed use.)

   3. The date or dates and the hours during which the festival is to be conducted;

   4. An estimate of the maximum number of spectators, participants and other persons expected to attend the outdoor festival for each day it is conducted;

   5. A detailed explanation of the applicant's program and the plans to provide security protection, water supply, food supply, sanitation facilities, medical facilities and services, vehicle parking spaces, vehicle access and on-site traffic control and, if it is proposed or expected that spectators or participants will remain at night or overnight, the arrangements for illuminating the premises for camping or similar facilities; the applicant's plans to provide for numbers of spectators in excess of the estimate, and the provisions for the cleanup of the premises and the removal of nebbish after the event has concluded; and

   6. A detailed explanation of the applicant's plan for policing the activity, with particular emphasis on the control and prevention of alcoholic and drug consumption.

3. The applications shall be filed with the Licensing-Revenue Officer at least 45 days prior to the time indicated for the commencement of the planned activity.

(1973 Code, § 5-8.01) (Ord. 606, eff. - -; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 94-5, eff. 5-11-1994)

Upon receipt of a complete application and the application fee, the Licensing-Revenue Officer shall give copies of the application to the Police Chief, the Health Officer, the Public Works Director, the Planning Director, and the Economic Development Director who shall investigate the matter and report in writing to the LicensingRevenue Officer not later than 30 days prior to the event with appropriate recommendations concerning the activity. The Licensing-Revenue Officer shall also provide a copy of the complete application to members of the City Council.

(1973 Code, § 5-8.03) (Ord. 606, eff. - -; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 94-5, eff. 5-11-1994)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 92.04 Licenses; Applications; Determinations

1. The Licensing-Revenue Officer shall consider the reports of the investigations, and shall thereafter grant the license without conditions or with conditions which shall be met before a license is granted, including security required from the applicant as a guarantee that the conditions will be met.

2. If conditions are imposed by the Police Chief, Health Officer, Public Works Director, Planning Director, or Economic Development Director, the applicant shall furnish or cause to be furnished to the Licensing-Revenue Officer proof that all the conditions have been met and the required security has been given before the license may be issued by the Licensing- Revenue Officer.

3. 1. Any security required may include the posting of an indemnity bond and/or performance bond in favor of the city in connection with the operation of an outdoor festival.

   2. The bonds shall be prepared by a corporate bonding company authorized to do business in the state by the Department of Insurance of the state.

   3. The bonds shall indemnify the city and its agents, officers and employees, against any and all loss, injuries and damages to persons and property.

   4. The bonds shall be in an amount determined by the Licensing-Revenue Officer as in the Officer's discretion will adequately provide for the indemnification.

4. 1. The Licensing-Revenue Officer may also require that the applicant provide a corporate surety bond, prepared by a corporate bonding company authorized to do business in the state, indemnifying the city and the owners of property adjoining the outdoor festival site for all costs necessitated by the activity to clean and remove debris, trash, garbage or other waste from and around the premises.

   2. The bond shall be in an amount determined by the Licensing-Revenue Officer as in the Officer's discretion will adequately provide for the indemnification.

5. Any action of denial taken by the Licensing- Revenue Officer shall be subject to an appeal to the City Manager, and the action of the City Manager shall be subject to an appeal to the Council.

(1973 Code, § 5-8.04) (Ord. 606, eff. - -; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 94-5, eff. 5-11-1994)

HISTORY

Amended by Ord. 25-05 section B only on 10/27/2025

Upon determination that conditions, if any, imposed by the Police Chief, Health Officer, Public Works Director, Planning Director, or Economic Development Director have been complied with by the applicant, the Licensing-Revenue Officer shall collect a license fee of $150 per day for each day the outdoor festival is scheduled and shall issue a license to the applicant for the specific location authorized for the outdoor festival and for the specific days for which the outdoor festival is authorized.

(1973 Code, § 5-8.05) (Ord. 606, eff. - -; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 94-5, eff. 5-11-1994)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

No license granted pursuant to the provisions of this chapter shall be transferable or removable to another location.

(1973 Code, § 5-8.06) (Ord. 606, eff. - -)

1. The Licensing-Revenue Officer shall have the right to revoke any license issued pursuant to the provisions of this chapter for any of the following causes after oral or written notice is given to the licensee at least 24 hours prior to the hearing:

   1. The licensee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of a license;

   2. The licensee permits the outdoor festival to be conducted in a disorderly manner or allows any person to remain on the premises while under the influence of intoxicating liquor or any narcotic or dangerous drug;

   3. The licensee violates, or attempts to violate, any law of the state, the provisions of this chapter, or any other laws of the city; and

   4. The license has previously made a false, misleading or fraudulent statement of material fact in the application for the license or in any other document required by the provisions of this chapter.

2. Written notice of the revocation shall be forwarded by the Licensing-Revenue Officer to the Police Chief and the permittee at the address given in the application. The revocation shall become effective immediately after ordered by the Licensing-Revenue Officer.

3. The Police Chief may suspend operations and close any outdoor festival prior to the expiration of the license granted pursuant to the provisions of this chapter in the event of the occurrence of a riot, major disorder, or serious breach of the peace when, in his or her opinion, it becomes necessary to prevent injury to persons and/or damages to property.

(1973 Code, § 5-8.07) (Ord. 606, eff. - -; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 94-5, eff. 5-11-1994)

A neighborhood or community benefit organization, organized for charitable, religious or eleemosynary purposes, shall be exempt from paying the application and license fees provided for in this chapter provided the net proceeds for any such activity do not inure to the benefit of any private persons, partnerships or corporations.

(1973 Code, § 5-8.08) (Ord. 606, eff. - -)

93 LOUD AND UNUSUAL NOISES

93.01 Findings And Determinations

93.02 Definitions

93.03 Sound Trucks; Non-Commercial Uses; Registration Statements; Filing; Form

93.04 Sound Trucks; Non-Commercial Uses; Registration Statements; Amendments

93.05 Sound Trucks; Non-Commercial Uses; Registration Statements; Certification; Possession

93.06 Sound Trucks; Non-Commercial Uses; Regulations

93.07 Sound Trucks; Commercial Advertising

93.08 Loud, Unnecessary Or Unusual Noises Unlawful

93.09 Unlawful Acts

93.10 Exceptions 93.99 Penalty

It is hereby found and declared that the making and creation of loud, unnecessary or unusual noises within the city is a condition which has existed for some time, and the extent and volume of the noises is increasing; that the making, creation or maintenance of the loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the city and that the necessity in the public interest for the provisions of this chapter is declared as a matter of legislative determination and public policy, and it is further declared that the provisions of this chapter are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, peace and quiet of the city and its inhabitants.

(1973 Code, § 5-7.01) (Ord. 550, eff. - -)

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

SOUND AMPLIFYING EQUIPMENT .

1. Any machine or device for the amplification of the human voice, music or any other sound.

2. SOUND AMPLIFYING EQUIPMENT shall not be construed as including standard automobile radios when used and heard only by the occupants of the vehicle in which installed, warning devices on authorized emergency vehicles, horns or other warning devices on other vehicles used only for traffic safety purposes.

SOUND TRUCK . Any motor vehicle having mounted thereon, or attached thereto, any sound amplifying equipment.

(1973 Code, § 5-7.02) (Ord. 550, eff. - -)

• 93.03 Sound Trucks; Non-Commercial Uses; Registration Statements; Filing; Form

  1. No person shall use, or cause to be used, a sound truck with its sound amplifying equipment in operation for noncommercial purposes in the city before filing a registration statement with the Licensing-Revenue Officer in writing.

  2. The registration statement shall be field in duplicate and shall state the following:

     1. The name and home address of the applicant;

     2. The address of the place of business of the applicant;

     3. The license number and motor number of the sound truck to be used by the applicant;

     4. The name and address of the person who owns the sound truck;

     5. The name and address of the person having the direct charge of the sound truck;

     6. The names and addresses of all persons who will use or operate the sound truck;

     7. The purpose for which the sound truck will be used;

     8. A general statement as to the area of the city in which the sound truck will be used;

     9. The proposed hours of operation of the sound truck;

     10. The number of days of the proposed operation of the sound truck;

     11. A general description of the sound amplifying equipment which is to be used; and

     12. The maximum sound producing power of the sound amplifying equipment to he used in or on the sound truck as follows:

     13. The wattage to be used;

     14. The volume in decibels of the sound which will be produced; and

     15. The approximate maximum distance for which sound will be thrown from the sound truck.

(1973 Code, § 5-7.03) (Ord. 550, eff. - -; Am. Ord. 93-3, eff. 4-7-1993)

All persons using or causing to he used sound trucks for non-commercial purposes shall amend any registration statement filed pursuant to the provisions of § 93.03 within 48 hours after any change in the information furnished in the registration statement.

(1973 Code, § 5-7.04) (Ord. 550, eff. - -)

The Licensing-Revenue Officer shall return to each applicant for registration pursuant to the provisions of § 93.03 1 copy of the registration statement duly certified by the Licensing-Revenue Officer as a correct copy of the statement. The certified copy of the statement shall be in the possession of any person operating the sound truck at all times while the sound amplifying equipment of the sound truck is in operation, and such copy shall be promptly displayed and shown to any police officer upon request.

(1973 Code, § 5-7.05) (Ord. 550, eff. - -; Am. Ord. 93-3, eff. 4-7-1993)

The non-commercial use of sound trucks with sound amplifying equipment in operation in the city shall be subject to the following regulations.

1. The only sounds permitted shall be music or human speech.

2. The operation shall be permitted for 4 hours each day, except on Sundays and legal holidays when no operation shall be authorized. The permitted 4 hours of operation shall he between the hours of 11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30 p.m.

3. 1. The sound amplifying equipment shall not be operated unless the sound truck upon which the equipment is mounted is operated at a speed at least 10 mph, except when the truck is stopped or impeded by traffic.

   2. Where stopped by traffic, the sound amplifying equipment shall not be operated for longer than 1 minute at each such stop.

4. The sound shall not be issued within 100 yards of each: hospitals, schools, churches and courthouses.

5. The human speech and music amplified shall not be profane, lewd, indecent or slanderous.

6. The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 feet from the sound truck and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.

7. No sound amplifying equipment shall be operated with an excess of 15 watts of power in the last stage of amplification.

(1973 Code, § 5-7.06) (Ord. 550, eff. - -) Penalty, see § 93.99

No person shall operate, or cause to be operated, any sound truck for commercial sound advertising purposes with sound amplifying equipment in operation in the city.

(1973 Code, § 5-7.07) (Ord. 550, eff. - -) Penalty, see § 93.99

It shall be unlawful for any person to make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace of others within the city.

(1973 Code, § 5-7.08) (Ord. 550, eff. - -) Penalty, see § 93.99

The following acts, among others, are hereby declared to be loud, disturbing and unnecessary noises in violation of the provisions of this chapter, but the enumeration shall not be deemed to be exclusive.

1. Horns, signaling devices and the like . The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device, except 1 operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.

2. Radios, phonographs and the like . The using, operating, or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for

the persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners there to; and the operation of any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which the sound is located shall be prima facie evidence of a violation of the provisions of this section.

3. Loudspeakers and amplifiers for advertising . The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

4. Yelling, shouting and the like . Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place or as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any person in the vicinity.

5. Animals and birds . The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.

6. Steam whistles . The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon the request of proper city authorities.

7. Exhausts . The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

8. Defects in vehicles or loads . The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in a manner as to create loud and unnecessary grating, grinding, rattling or other noise.

9. Loading, unloading and opening boxes . The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers;

10. Construction or repair of buildings .

1. The performance of any construction, alteration or repair activities which require the issuance of any building, grading or other permit may occur only during the following hours:

   1. Monday through Friday: 7:00 a.m. to 6:00 p.m. For the period of June 1 through September 30 of each year the permissible hours for masonry and roofing work hereunder shall be from 6:00 a.m. to 6:00 p.m.;

   2. Saturdays: 9:00 a.m. to 5:00 p.m.

   3. Sundays and observed holidays: 10:00 a.m. to 6:00 p.m.

2. Any noise from the above activities, including from any equipment used therewith, shall not produce noise levels in excess of the following:

   1. Saturdays: 80 dba when measured at a distance of 25 feet;

   2. Sundays and observed holidays: 70 dba when measured at a distance of 25 feet.

3. The Building Official may grant a permit for building activities during other time periods for emergency work or extreme hardship. EMERGENCY WORK means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger. Any permit so granted shall be of specified limited duration and may be subject to any conditions necessary to limit or minimize the effect of any noise permitted thereby.

4. Schools, courts, churches and hospitals . The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while they are in use, or adjacent to any hospital, which noise unreasonably interferes with the workings of the institution or disturbs or unduly annoys patients in the hospital provided conspicuous signs are displayed in the streets indicating that the building is a school, hospital or court street.

5. Hawkers and peddlers . The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

6. Drums . The use of any drum or other instrument or device for the purpose of attracting attention to any performance, show, or sale by the creation of noise.

7. Transportation of metal rails, pillars and columns . The transportation of rails, pillars or columns of iron, steel or other materials over and along the streets and other public places upon carts, drays, cars or trucks or in any other manner as to cause loud noises or disturb the peace and quiet of the streets or other public places.

8. Pile drivers, hammers and the like . The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance the use of which is attended by loud or unusual noise.

9. Blowers . The operation of any noise- creating blower or power fan or any internal combustion engine the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise.

(1973 Code, § 5-7.09) (Ord. 550, eff. - -; Am. Ord. 90-7, eff. 5-1-1990; Am. Ord. 94-14, eff. 11-9-1994) Penalty, see § 93.99

The provisions of this chapter shall not apply to any regularly scheduled activities sponsored by a municipal corporation, political subdivision of the state or special district or any activities being held on land owned or controlled by a municipal corporation, political subdivision of the state or special district.

(1973 Code, § 5-7.10) (Ord. 550, eff. - -)

1. A person who violates any provision of this chapter is guilty of an infraction, punishable pursuant to the provisions of this code.

2. A violation of this chapter is a public nuisance and may be abated by a civil action, including a restraining order or injunction.

(1973 Code, § 5-7.11) (Ord. 90-7, eff. 5-1-1990)

94 LITTERING

94 General Provisions (Sections 94.01-94.10) 94 Handbills (Sections 94.20-94.25)

Cross-reference: Health and Sanitation; Nuisances, see Chapter 95

94 General Provisions (Sections 94.01-94.10)

This chapter shall be known and may be cited as the "Anti-Litter Law of the City of Auburn."

(1973 Code, § 5-5.01) (Ord. 520, eff. - -)

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

AIRCRAFT .

1. Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air.

2. AIRCRAFT shall include helicopters and lighter-than-air dirigibles and balloons.

AUTHORIZED PRIVATE RECEPTACLE . A litter storage and collection receptacle as required and authorized by the provisions of Chapter 50 of this code.

COMMERCIAL HANDBILL . Any printed or written matter, sample, device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature:

1. Which advertises for sale any merchandise, product, commodity or thing;

2. Which directs attention to any business, mercantile or commercial establishment or other activity for the purpose of directly or indirectly promoting the interests thereof by sales;

3. Which directs attention to, or advertises, any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; provided, however, the provisions of this subsection shall not apply where an admission fee is charged or a collection is taken for the purpose of defraying the expenses incident to the meeting, theatrical performance, exhibition or event of any kind when the event is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; and provided, further, the provisions of this division shall not be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license where the license is or may be required by any law of the state or of the city; or

4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.

GARBAGE . Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

LITTER . Garbage, refuse and rubbish, as defined in this section, and all other waste materials which, if thrown, deposited or allowed to accumulate as prohibited by the provisions of this chapter, tend to create a danger to the public health, safety and welfare and which are not within a receptacle provided therefor.

NEWSPAPER . Any newspaper of general circulation, as defined by the general laws of the state, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statutes or regulations, any newspaper filed and recorded with any recording officer as provided by general laws, and any periodical or current magazine regularly published in not less than 4 issues per year and sold to the public.

NON-COMMERCIAL HANDBILL . Any printed or written matter, sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature not included in the definition of a commercial handbill or a newspaper as set forth in this section.

PRIVATE PREMISES . Any private property, together with any structure thereon, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or entryway belonging or appurtenant to the private property and any structure thereon, and any off-street parking area.

PUBLIC PLACE . Any and all public streets, sidewalks, gutters, boulevards, alleys or other public rights-ofway and any and all public parks, squares, spaces, grounds and buildings.

REFUSE . All putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.

RUBBISH . Non-putrescible solid wastes consisting of both combustible and noncombustible wastes, including, but not limited to paper, wrappings, cardboard, tin cans, yard clippings, leaves, dirt (other than natural soil in place), wood, glass, bedding, crockery, abandoned, dismantled or no longer used automobiles, junk, worthless and useless articles which are in such a state or such a quantity as to be unsightly against the general welfare, unhealthful, dangerous to persons or property or so as to interfere with the abatement of weeds and similar materials.

SIDEWALK . The paved, unpaved, planted or unplanted area maintained between the property line and the curb line or the edge of the surfaced roadway and shall include a driveway, curbing, bulkhead, retaining wall and other work for the protection of any sidewalk or parking located in any public street, way or thoroughfare.

VEHICLE . Every device upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

(1973 Code, § 5-5.02) (Ord. 520, eff. - -)

No person shall throw, deposit or accumulate litter in or upon any public place or private premises within the city, except for collection or at a city dump, or except while the person is temporarily engaged in clearing the public place or private premises of litter or improving the public place or private premises. No person shall deposit, or cause to be deposited, in any city-owned receptacle located in a public place the garbage or litter which was accumulated in the residence or place of business occupied by the person.

(1973 Code, § 5-5.03) (Ord. 520, eff. - -) Penalty, see § 10.99

Persons placing litter in authorized public or private receptacles shall do so in a manner as to prevent the litter from being carried or deposited by the elements upon any public place or private premises.

(1973 Code, § 5-5.04) (Ord. 520, eff. - -)

Persons owning or occupying private premises within the city shall keep the public place abutting or adjacent to the premises free of litter, except while the person is temporarily engaged in clearing the public place and adjacent private premises of litter or improving the public place or private premises.

(1973 Code, § 5-5.05) (Ord. 520, eff. - -)

1. Property owners . No person owning, occupying or controlling private premises shall sweep into or deposit in any public place within the city the accumulation of litter from any private premises or public place, except for the collection thereof when properly authorized by the city.

2. Merchants . No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalks in front of their business premises free of litter.

(1973 Code, § 5-5.06) (Ord. 520, eff. - -) Penalty, see § 10.99

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place or upon private property within the city.

(1973 Code, § 5-5.07) (Ord. 520, eff. - -) Penalty, see § 10.99

No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object.

(1973 Code, § 5-5.08) (Ord. 520, eff. - -) Penalty, see § 10.99

1. Notices to remove .

   1. The City Engineer and Public Works Director are hereby authorized and empowered to notify the owner, his or her agent or the person in control of any private premises within the city to dispose of the litter located on such premises or upon the public places abutting or adjacent to the premises.

   2. The notice shall be posted on the private premises and shall be addressed by certified mail to the owner, his or her agent or such other person at his or her last known address or shall be personally served to the owner, agent, person in control or occupant of the property.

2. Notices to remove; contents .

   1. The notice to remove shall describe the work to be done and shall state that, if the work is not commenced within 5 days after the receipt of the notice and diligently prosecuted to completion without interruption, the Public Works Director shall dispose of the litter and the cost of the disposal shall be a lien on the property.

   2. The notice shall be substantially in the following form:

NOTICE TO REMOVE LITTER

The owner of the property described as follows:

________________________________________, commonly known as _________________ is hereby ordered to properly dispose of the litter located on said property, to wit, ________________________________________ within five (5) days from the date hereof. If the disposal of the litter herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the Public Works Director of the City of Auburn shall cause such disposal to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property pursuant to the provisions of Chapter 94 of the Auburn Municipal Code.

Estimated Cost of Disposal: $ ____________

Dated: _______________________________

Public Works Director of the City of Auburn.

3. Records .

1. The Public Works Director shall cause to be kept in his or her office a permanent record containing:

   1. A description of each parcel of property for which a notice to remove litter has been given;

   2. The name of the owner, if known;

   3. The date on which the notice was mailed and posted;

   4. The charges incurred by the city in disposing of the litter and all incidental expenses in connection therewith; and

2. A brief summary of the work performed.

3. Each such entry shall be made as soon as practicable after the completion of the act.

4. Removal .

1. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the litter within 5 days after the notice has been given, as provided in division (A) above, or within 10 days after the date of mailing the notice in the event the notice was returned to the city because of the inability of the Post Office to make delivery thereof; provided, the notice was properly

addressed to the last known address of the owner or agent, the Public Works Director is hereby authorized and empowered to pay for the disposal of the litter out of city funds or to order the disposal by city forces.

2. The Public Works Director and his or her authorized representatives, including any contractor with whom the Public Works Director contracts to dispose of the litter, and any assistants, employees or agents of the contractor, are hereby authorized to enter upon the property for the purpose of disposing of the litter described in the notice. Before the Public Works Director or contractor arrives, any property owner may dispose of the litter at his or her own expense.

3. Charges; bills .

   1. When the city has effected the removal of the litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 7% per year from the date of the completion of the work, if not paid by the owner prior thereto, shall be charged to the owner of the property by the city, and the owner, or his or her agent, shall be billed therefor by mail.

   2. The bill shall apprise the owner that failure to pay the bill will result in a lien.

4. Unpaid charges; liens .

   1. Where the full amount due the city for the removal of litter is not paid by the owner within 30 days after the date of the billing by the Public Works Director, he or she shall cause to be recorded with the Finance Director a sworn or certified statement showing the costs and expenses incurred for the work, the date the work was done and the location of the property on which the litter disposal work was done.

   2. The recordation of the sworn or certified statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus the costs of court, if any, for collection, until final payment has been made.

   3. The costs and expenses shall be subject to a delinquency penalty of 10% in the event the costs and expenses are not paid in full on or before the date the amount due becomes a lien.

   4. Sworn or certified statements recorded in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.

   5. The Finance Director shall record the lien with the County Recorder.

   6. The remedy provided in this section shall not constitute an election of remedies by the city.

(1973 Code, § 5-5.09) (Ord. 520, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 94.10 Alternative Procedure

The procedures set forth in this chapter shall be alternative and cumulative to any other procedures allowed by law for the accomplishment of the same objectives.

(1973 Code, § 5-5.16) (Ord. 520, eff. - -)

94 Handbills (Sections 94.20-94.25) 94.20 Distribution In Public Places

1. No person shall throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street or other public place in the city, nor shall any person hand out, distribute or sell any commercial handbill in any public place.

2. It shall not be unlawful for any person to hand out or distribute on any sidewalk, street or other public place within the city, without charge to the receiver thereof, any non-commercial handbill to any person willing to accept it.

(1973 Code, § 5-5.10) (Ord. 520, eff. - -) Penalty, see § 10.99

No person shall throw or deposit any commercial or non-commercial handbill in or upon any vehicle; provided, however, it shall not be unlawful for a person to hand out or distribute in any public place, without charge to the receiver thereof, a non- commercial handbill to any occupant of a vehicle willing to accept it.

(1973 Code, § 5-5.11) (Ord. 520, eff. - -) Penalty, see § 10.99

No person shall throw or deposit any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(1973 Code, § 5-5.12) (Ord. 520, eff. - -) Penalty, see § 10.99

1. No person shall throw, deposit or distribute any commercial or non-commercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, in the case of inhabited private premises which are not posted as set forth in § 94.24, the person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon the inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about the premises or sidewalks, streets or other public places. Mailboxes may not be so used when prohibited by federal postal laws or regulations.

2. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers, except that newspapers shall be placed on private property in a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

(1973 Code, § 5-5.13) (Ord. 520, eff. - -)

No person shall throw, deposit or distribute any commercial or non-commercial handbill upon any private premises if requested by the owner or occupant thereof not to do so or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing the words, "No Trespassing," "No Peddlers or Agents," "No Advertisements" or any similar notice indicating in any manner that the occupants of the premises do not desire to be molested, or have their right of privacy disturbed, or have any such handbills left upon the premises.

(1973 Code, § 5-5.14) (Ord. 520, eff. - -) Penalty, see § 10.99

No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamp post, public utility pole, shade tree or upon any public structure or building, except as may be authorized or required by law.

(1973 Code, § 5-5.15) (Ord. 520, eff. - -) Penalty, see § 10.99

95 HEALTH AND SANITATION; NUISANCES

95 Weeds, Dirt And Rubbish Accumulations (Sections 95.01-95.04) 95 Abandoned Refrigerators (Section 95.15) 95 Nuisance Abatement (Sections 95.25-95.99)

95 Weeds, Dirt And Rubbish Accumulations (Sections 95.01-95.04)

The provisions of this subchapter are adopted pursuant to the provisions of Cal. Gov't Code §§ 39501 and 39502 and are intended to vest in the city all the powers granted by the provisions.

(1973 Code, § 6-9.01) (Ord. 459, eff. - -)

It shall be unlawful for any owner, lessee or occupant of buildings, grounds or lots to allow the accumulation of dirt, rubbish, grass, weeds, rank growths or other obstructions of similar nature thereon. In the event the Council shall determine by resolution that such an accumulation has been made, the Council shall cause the owner, lessee or occupant to be given a notice, in writing, directing the removal of the objectionable dirt, rubbish, grass, weeds or rank growths within a period of 15 days after the personal service upon him or her of the notice. If the person cannot be found by diligent search, a copy of the notice shall be posted upon the real property in a conspicuous place. Service by mail may be made in lieu of the 2 methods of service set forth in this section by sending a copy of the notice to the person at his or her place of residence or his or her place of business by registered mail, return receipt requested, and obtaining a signed receipt from the post office for the communication.

(1973 Code, § 6-9.02) (Ord. 459, eff. - -) Penalty, see § 95.99

If the owner, lessee or occupant of buildings, grounds or lots having accumulations of dirt, rubbish, grass, weeds, rank growths or other obstructions of similar nature defaults in removing objectionable objects after the notice provided for in § 95.02, the removal or destruction of the objectionable objects by the Fire Chief is hereby authorized and directed. The removal shall be at the expense of the owner, lessee or occupant.

(1973 Code, § 6-9.03) (Ord. 459, eff. - -)

The expense of removing or destroying the obnoxious obstructions by the city, as set forth in § 95.03, shall be a lien upon the real property on which the obnoxious obstructions are situated from the date of the removal or destruction by the city and shall be for the amount of the expense of the removal or destruction. In the event the amount is not paid in full within a period of 6 months after the removal or destruction, the Council may direct the City Attorney to foreclose the lien by court action in the manner provided by law for the foreclosure of mortgages upon real estate. Upon obtaining the decree in the action of foreclosure, the real property shall be sold at a foreclosure sale in the same manner as sales by a sheriff upon execution. After deducting from the sales price all costs of the destruction or removal, together with all attorney's fees, court costs and expenses of sale, the balance remaining, if any, shall be refunded to the owner of the property.

(1973 Code, § 6-9.04) (Ord. 459, eff. - -)

95 Abandoned Refrigerators (Section 95.15)

It shall be unlawful for any person to discard or abandon in any place accessible to children any refrigerator or icebox having a capacity of 1-1/2 cubic feet or more with an attached lid or door which may be opened and fastened shut by means of an attached latch. It shall be unlawful for the owner, lessee or manager of such place knowingly to permit the abandoned or discarded refrigerator, icebox or chest to remain in any place accessible to children in such condition.

(1973 Code, § 5-1.01) (Ord. 407, eff. - -) Penalty, see § 95.99

95 Nuisance Abatement (Sections 95.25-95.99)

This subchapter is adopted pursuant to Article 6, Chapter 10, Part 2, Division 3 of the Government Code §§ 38771 et seq . for the purpose of declaring what constitutes a nuisance, establishing procedures for the notification and abatement of nuisances, and establishing procedures to collect abatement and related administrative costs. It is hereby declared that adoption of this subchapter is in the public interest in that it promotes the health, safety and welfare of the residents of Auburn.

(Am. Ord. 06-4, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

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

ENFORCEMENT OFFICER . Any city employee or agent of the city with the authority to enforce any provision of this code designated by the City Manager.

HEARING AUTHORITY . The City Manager or other privately contracted hearing officer or other designee of the City Manager approved by the City Council.

NUISANCE . A nuisance as defined in this subchapter, elsewhere in the Municipal Code, or by other law.

RESPONSIBLE PERSON . Any of the following:

1. A person who, by action or inaction, causes, maintains, permits, or allows a nuisance.

2. A person whose agent, employee, or independent contractor, by action or inaction, causes, maintains, permits, or allows a nuisance.

3. An owner, in whole or in part, of real property on which a nuisance occurs, exists, or is maintained.

4. A lessee or sublessee with the current right of possession of real property on which a nuisance occurs, exists, or is maintained.

5. A person who uses real property on which a nuisance occurs, exists, or is maintained.

6. An on-site manager who regularly works on real property on which a nuisance occurs, exists, or is maintained, and who is responsible for the business or other activities on that real property.

7. The owners, majority stockholders, corporate officers, trustees, general partners and any other person with the authority to act for a legal entity that is a responsible person under (1) through (6) of this definition.

8. If any of the above persons are minors or incompetent, the parents or guardians of such persons shall be deemed responsible persons during such minority or incompetence.

(Am. Ord. 06-4, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

1. Unlawful nuisances . It shall be unlawful and a public nuisance for any responsible person to maintain property in the city, or to allow property in the city to be maintained, such that any of the following conditions exist thereon:

   1. Unlawful outdoor storage and conditions .

      1. The accumulation of abandoned, discarded, or dilapidated objects, including but not limited to junk; abandoned, wrecked, dismantled or inoperative vehicles; vehicle parts and equipment; machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, scrap metal, wood, plant cuttings, rubbish and debris or similar matter which constitutes a threat to public health or safety or renders any premises unsightly and detrimental to the general public welfare; provided, however, that nothing in this division shall be construed as prohibiting the orderly outdoor storage of business-related materials and inventory where permitted by applicable zoning designations, rules, approvals, or regulations.

      2. The accumulation of dirt, sand, gravel, concrete, litter, junk, debris or other similar material on the property, including if those materials could potentially be discharged into a storm drain system or otherwise violate the federal Clean Water Act.

      3. Attractive nuisances dangerous to members of the public unable to discover the nuisance condition, or recognize its potential danger, including, but not limited to abandoned, broken, neglected or unsupervised vehicles, machinery, equipment, lights, light fixtures, refrigerators and freezers, pools, ponds and excavations, as well as all other items and conditions identified in Cal. Penal Code § 402(b).

      4. Materials or other items stacked above any fence or in any manner which could potentially be discharged into a storm drain system or otherwise violate the federal Clean Water Act; provided, however, that nothing in this division shall be construed to prevent the orderly outdoor storage of business-related materials and inventory above fence height where permitted by applicable zoning designations, rules, approvals, or regulations.

      5. The placement of items of business inventory, refuse containers, equipment, vehicles, or any other obstruction on a street, sidewalk or parking areas developed or intended for use by the public or by invitees onto the property.

      6. Materials stored or stacked on property in a disorderly or unsightly manner or in a manner which could potentially be discharged into a storm drain system or otherwise violate the federal Clean Water Act.

      7. Boats, trailers, recreation vehicles, motor vehicles, parts thereof, or other articles of personal property which are left in a state of partial construction, dilapidation or disrepair; or which are parked or stored in violation of applicable zoning designations, rules, approvals, or regulations.

      8. Packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris.

2. The storage of firewood or other flammable materials other than in compliance with (1) standards relating to the safe storage of combustible materials established in writing by the Fire Chief; and (2) the city's Fire Code.

   2. Landscaping/vegetation .

   3. Dead, decayed, diseased, displaced or hazardous trees, weeds or other vegetation constituting unsightly appearance, a danger to public safety and welfare, a fire hazard, a detriment to neighboring property or property values or from which a continuous offensive odor emanates.

   4. Overgrown vegetation likely to harbor rats, vermin and other nuisances, growing into the public right-of-way, obstructing the necessary view of drivers on public streets or private driveways, or which constitutes a fire hazard or a detriment to neighboring property or property values.

   5. Failure to comply with the requirements or conditions set forth in any city zoning approval or permit applicable to the premises.

3. Trash, litter, trimmings, oil and debris .

   1. The accumulation of litter, debris, trimmings or trash on any property, including sidewalks, gutters, storm drains, driveways, walkways, alleyways, parking lots or the public right- of-way or from which a continuous, offensive odor emanates.

   2. Pooled oil, water, or other liquid accumulation, flowing onto the street, or into a storm drain system, or excessive accumulations of grease or oil on paved surfaces or in storm drain systems.

4. Trash containers .

1. Trash, garbage or refuse cans, bins, boxes or other such containers which emanate a continuous, offensive odor; provided, however, that nothing in this division shall be construed as prohibiting the outdoor storage of any type of trash receptacle if the receptacle is screened from view from a street, public right-of-way, or neighboring properties in a manner approved by the Public Works Director and consistent with applicable zoning designations, rules or regulations.

2. Any occupied property without regular and adequate trash collection service.

3. Trash containers without secure, firmly fitting covers or evidencing an overflow of trash and/or other debris.

5. Buildings and structures .

1. Buildings which are dilapidated, abandoned, boarded up, partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction, buildings subject to demolition pursuant to applicable provisions of this code or other authority, for which demolition has not been diligently pursued, and such buildings which are unpainted or where the paint on the building exterior is significantly cracking, peeling, chalking or worn off.

2. Unsecured buildings constituting hazardous conditions or which invite or permit trespass or malicious mischief.

3. Awnings, covers, canopies, umbrellas, screens, lights, light fixtures or other window coverings or building structures which are damaged, torn, severely faded, rusted, bent, unpainted or otherwise in substantial disrepair.

4. Fences and gates . Fences or other structures on private property which are sagging, leaning, fallen, decayed, extend into the public right-of-way or are otherwise dilapidated or unsafe or violate the provisions of this code.

5. Graffiti . Graffiti or other words, lettering or drawings not otherwise permitted by the provisions of this code, which remain on the exterior of any building, fence or wall more than 10 days after written notice to remove the same has been given by the Public Works Director.

   8. Parking limitations . Vehicles, whether motorized or non-motorized, parked within any required setback or on any surface which has not previously been approved for parking pursuant to applicable provisions of this code.

   9. Parking strips . Allowing an accumulation of junk, rubbish, debris, or dead, decayed or overgrown vegetation in that area between the property line and the street adjacent to a given parcel commonly known as a "parkway."

   10. Miscellaneous . Any other condition or use of property which the Public Works Director reasonably determines to be a threat to the health and welfare of the public by virtue of its unsafe, dangerous, hazardous, or offensive nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use or property values of such properties.

6. Additional unlawful nuisances . It shall be unlawful and a public nuisance for any responsible person to maintain property in the city, or to allow property in the city to be maintained, such that any of the following conditions exist thereon:

   1. Unpainted buildings and those having dry rot, warping or termite infestation. Any building on which the exterior paint has deteriorated so as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation as to render the building unsightly or in a state of disrepair;

   2. Buildings with windows containing broken glass or no glass at all, where the window is of a type which normally contains glass, which constitutes a hazard and/or invites trespassers or malicious mischief. Plywood or other material used to cover such window space, if permitted under this code, shall be painted in a color or colors compatible with the remainder of the building;

   3. Building exteriors, walls, fences, driveways, sidewalks or walkways which are maintained in such condition as to become defective or unsightly or are materially detrimental to nearby properties and improvements;

   4. Construction equipment, farm machinery, or machinery of any type or description parked or stored on property when it is visible from a street or other public right-of-way, except:

      1. During excavation, construction or demolition operations covered by an active building permit on the subject property or an adjoining property;

      2. During active farming operations; or

      3. When such machinery is stored in an agricultural or industrial zoning district in compliance with the provisions of this code;

7. Property which lacks appropriate landscaping, turf or plant material so as to cause excessive dust to escape the site;

   6. Any condition or activity which is a NUISANCE or a PUBLIC NUISANCE as defined in Cal. Civil Code §§ 3479 and 3480 or which is specifically declared to constitute a nuisance or public nuisance by any statute of the State of California or by any ordinance of the city;

   7. The operation or maintenance of any business, trade or profession in violation of Chapter 33 of this code, or lack of a proper certificate of occupancy;

   8. The making or continuing, or causing to be made or continued, any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace to any reasonable person of normal sensitiveness within the city;

   9. The occurrence of criminal activity at any premises which threatens the life, health, safety or welfare of the public;

   10. The violation of any provisions of the Cal. Building Standards Code, Title 24 of the Cal. Code of Regulations, which have been adopted, as amended, by the city;

8. Property maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements;

9. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties;

10. Any other condition which the Public Works Director reasonably determines is contrary to the public peace, health, and safety or otherwise prevents the enjoyment or reasonable use of property; and

11. Any violation of this code or any other ordinance of the city, including any code adopted by reference.

(Am. Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 95.28 Authority To Inspect

Enforcement officers may enter upon any property or premises within the city as allowed by law to ascertain whether the provisions of this code are being obeyed, and to make any examination and surveys as may be necessary in the performance of their enforcement duties. These inspections may include the taking of photographs, samples, or other physical evidence. If an owner or occupant of property or his or her agent refuses to consent to entry and inspection, an enforcement officer may seek an administrative inspection warrant to enter the property or premises for any lawful purpose.

(Am. Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

Whenever an enforcement officer determines that any nuisance conditions exist, he or she may require or provide for abatement pursuant to Chapter 10 of this code. In addition, criminal, civil or administrative sanctions may be imposed for the maintenance of a public nuisance as set forth in Chapter 10 of this code.

(Am. Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

Each and every responsible person given notice of a nuisance as required by this subchapter is jointly and severally liable for the abatement of any nuisance, the costs of abatement, and any related fines, penalties, and interest imposed.

(Am. Ord. 06-5, eff. 7-26-2006)

Responsible person(s) shall abate any nuisance within the time set forth in the request to abate or, in the case of an appeal, within the time set forth in the final decision following appeal.

(Am. Ord. 06-5, eff. 7-26-2006)

No later than 10 days after service of a request to abate, a responsible person may file an appeal. A request for appeal must be made in writing, filed with the City Clerk, and state the reasons for the appeal. Failure to do so in the time and manner specified here constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies. The city shall serve notice of the appeal hearing at least 10 days before the date of the hearing. A responsible person may request 1 continuance of a hearing provided he or she does so in writing before the date of the hearing and states a reasonable basis for the request. Unless the city issues a written notice of continuance, the hearing shall take place on the date, time, and location specified in the notice of hearing. A responsible person's failure to attend or to be represented at a hearing shall constitute an abandonment of the appeal and a failure to exhaust administrative remedies.

(Am. Ord. 06-5, eff. 7-26-2006)

1. The hearing shall be conducted by the hearing authority on the date, time, and location specified in the notice of hearing or notice of continuance.

2. The request for abatement and any supporting documents prepared by the enforcement officer shall be accepted by the hearing authority as prima facie evidence of the facts stated in such documents.

3. The hearing authority shall allow the responsible person(s) an opportunity to testify at the hearing and to present evidence about any nuisance specified in the request to abate.

4. The enforcement officer and other representatives of the city may, but need not, attend the hearing.

5. The hearing authority may continue the hearing from time to time and allow the responsible person(s) additional time to abate the nuisance. In addition, the hearing authority may request additional information or evidence from the responsible person(s) or from the city.

6. All hearings shall be recorded on a video or audio device, unless the city elects to use a court reporter. If a court reporter is not used, the city need not provide transcriptions of any hearings, but, within 15 days after payment of a reasonable duplication fee, shall provide a copy of the video or audio recordings to the responsible person(s) or any interested third party. If a court reporter is used, a responsible person or any interested third party may obtain a copy of the transcript upon payment of any fees or costs incurred by the city to provide the transcript.

7. The hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible in a civil action. The hearing authority may exclude irrelevant or unduly repetitious evidence.

8. After considering all testimony and evidence submitted at the hearing, the hearing authority shall issue a written decision to affirm, modify, or dismiss the request to abate. The decision shall be limited to whether a nuisance exists. The decision shall include the hearing authority's findings and give notice of the right to seek judicial review as specified in this subchapter. If the hearing authority determines that a nuisance exists, the hearing authority shall direct the responsible person(s) to abate the nuisance within a reasonable period of time after service of the decision, which shall not be less than 10 days in the absence of an immediate threat to the health, welfare, or safety of the public. The city shall serve the hearing authority's decision on the responsible person(s) and any owner of property within the vicinity of the subject property who requests such notice or who appeared at the hearing. Failure of any interested third party to receive such notice shall not impair the effectiveness of the hearing authority's decision.

(Am. Ord. 06-5, eff. 7-26-2006)

The decision of the hearing authority shall be subject to judicial review in the manner specified in Cal. Code of Civil Procedure § 1094.5.

(Am. Ord. 06-5, eff. 7-26-2006)

1. If a nuisance is not fully abated by the time set forth in § 95.31, the city may abate the nuisance.

2. Before the city makes inspection or causes an abatement on private property, the city shall obtain any legally required consent from the responsible person(s) to enter onto the private property or obtain an administrative inspection and/or abatement warrant if and as required by law.

(Am. Ord. 06-5, eff. 7-26-2006)

A detailed account of abatement costs shall be maintained, including administrative costs such as the cost for preparing, bidding, and awarding the abatement job. Upon completion of abatement by the city, the Public Works Director or his or her designee shall transmit a report of abatement costs to the City Clerk.

(Am. Ord. 06-5, eff. 7-26-2006)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 95.37 Recovery And Report Of Attorney's Fees

In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorney’s fees. The recovery of attorney’s fees by a prevailing party shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the city in the action or proceeding. The Public Works Director shall report any attorney’s fees incurred by the city in a proceeding under this subchapter to the City Clerk. Such attorney’s fees shall be considered abatement costs. The report of attorney’s fees shall be made part of any related report of abatement costs.

(Am. Ord. 06-5, eff. 7-26-2006)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 95.38 Hearing On Abatement Cost

1. Upon receipt of a report of abatement costs, the City Clerk shall schedule a hearing before the hearing authority to consider that report.

2. The city shall give the responsible person(s) at least 10-days' notice of the hearing. The notice shall include a copy of the report of abatement costs, state that the responsible person(s) may object to the abatement costs at the hearing, and state that the abatement costs may be made a special assessment or a nuisance abatement lien against the parcel of property on which the abated nuisance existed or the city may enforce the duty to pay those costs in any other manner provided by law.

3. A responsible person may object to the abatement costs at the hearing. The hearing authority shall consider the report of abatement costs and any objections and determine whether the costs set forth in the report of abatement costs are accurate and reasonable. The hearing authority shall affirm, correct, or modify the report of abatement costs in light of the evidence before him or her. The decision of the hearing authority on the report of abatement costs shall be final as to the city, but subject to judicial review in the manner specified in Cal. Code of Civil Procedure § 1094.5 and shall be limited to the determination on the amount of the abatement costs.

4. Upon report of the hearing authority, the City Council may adopt a resolution making the abatement costs a lien against the property on which the nuisance was maintained and a personal obligation against the property owner as set forth in § 95.40 of this subchapter.

(Am. Ord. 06-5, eff. 7-26-2006)

If abatement costs are not paid within 5 days after the costs become final, the city may take 1 or more of the following actions to collect the costs:

1. The Public Works Director may bring an action on behalf of the city in Small Claims Court against the responsible person(s) to collect the cost of abatement in an amount within the statutory limit for small claims actions.

2. The City Attorney may bring an action on behalf of the city in the unlimited jurisdiction of the Superior Court against the responsible person(s) to collect the cost of abatement.

3. The abatement costs may be recorded as a lien against the real property of the responsible person(s) pursuant to a court judgment.

4. The city may cause the nuisance abatement lien to be recorded pursuant to Cal. Gov't Code § 38773.1 and § 95.41 of this code.

5. The city may cause the cost of abatement to be made a special assessment against the parcel on which the nuisance was abated pursuant to Cal. Gov't Code § 38773.1.

6. The city may seek collection through any other method permitted under law.

(Am. Ord. 06-5, eff. 7-26-2006)

HISTORY

Amended by Ord. 25-05 subd A only on 10/27/2025

1. Pursuant to Cal. Gov't Code § 38773.1, prior to the recordation of the lien, notice of the lien shall be served on a responsible person(s) who is the owner of record of the parcel of the land on which the nuisance was abated, based on the last equalized assessment roll or the supplement roll, whichever is more current.

2. The notice shall specify the amount of the lien, identify the city as the public agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.

3. The notice must be served in the same manner as a summons in a civil action in accordance with Article 3 of Chapter 4 of Title 5 of Part 2 of the Cal. Code of Civil Procedure §§ 415.10 et seq. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in

conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Placer County pursuant to Cal. Gov't Code § 6062.

4. After service of the notice, the city shall submit a certified copy of the nuisance abatement resolution to the Placer County Clerk-Recorder-Registrar of Voters for recordation. The city shall attach an affidavit or declaration attesting to service as required herein to the certified copy of the resolution.

5. The date of recording of the lien shall have the force, effect, and priority of a judgment lien.

6. If the lien is discharged, released, or satisfied, either through payment or foreclosure, the city shall cause a notice of the discharge to be recorded.

7. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

(Am. Ord. 06-5, eff. 7-26-2006)

1. As an alternative to the procedure authorized by Cal. Gov't Code § 38773.1, the abatement costs shall become a special assessment against the real property on which the nuisance was abated pursuant to Cal. Gov't Code § 38773.5. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the time the determination of the abatement cost became final.

2. At the time the special assessment is imposed, notice of the special assessment shall be served on the responsible person(s) who is the owner of record of the parcel of the land on which the nuisance was abated, based on the last equalized assessment roll or the supplemental roll, whichever is more current.

3. The notice shall specify the amount of the assessment, identify the city as the public agency on whose behalf the assessment is imposed, the date of the abatement order, the street address, legal description, and assessor's parcel number of the parcel on which the assessment is imposed, the name and address of the record owner of the parcel, and state that the amount of the cost of abatement is a special assessment against the real property until it is paid, with an interest rate set forth therein. The notice shall also specify that the property may be sold after 3 years by the County Treasurer-Tax Collector for unpaid delinquent assessments.

4. If the property owner's identity can be determined from the County Assessor or the County ClerkRecorder- Registrar of Voters, the city must serve the notice by certified mail.

5. The County Treasurer-Tax Collector's power of sale shall not be affected by the failure of a property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrances for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead be transferred to the unsecured roll for collection.

6. If the city imposes a special assessment pursuant to Cal. Gov't Code § 38773.5, the city may conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent, subject to the requirements applicable to the sale of property pursuant to § 3691 of the Cal. Revenue and Taxation Code.

7. Notices or instruments relating to the abatement proceeding or special assessment may be recorded.

8. If the assessment levied for city abatement costs, together with any interest or penalties thereon, is paid in full after the date of assessment is added to the county tax rolls, the city shall promptly cause such assessment to be removed from the tax rolls.

• (Am. Ord. 06-5, eff. 7-26-2006)

The procedures for notification and abatement of nuisances in this subchapter shall be in addition to any other proceedings authorized by law. Nothing in this subchapter shall be deemed to preclude the City Attorney from commencing a civil or criminal action to abate a nuisance in the manner provided by law.

(Am. Ord. 06-5, eff. 7-26-2006)

Except for conditions abated pursuant to Cal. Health and Safety Code § 17980, related to substandard buildings, upon entry within a 2-year period of a second or subsequent civil or criminal judgment finding that an owner of property is responsible for a condition that may be abated in accordance with this subchapter, the court may order the owner to pay the city treble the costs of abatement.

(Am. Ord. 06-5, eff. 7-26-2006)

The City Manager or his or her designee may immediately abate, without observance of any notice or consent requirements set forth in this subchapter or Chapter 10, any condition or nuisance that constitutes an immediate threat to public health, safety, or welfare, or a serious and imminent danger to the public. Whenever the city causes a summary abatement under this section, it shall provide the responsible person with a post-abatement hearing to contest the validity of the summary abatement under the procedures set forth in Chapter 10 for administrative hearings.

(Am. Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

1. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

2. 1. Any person violating any of the provisions of § 95.15 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

   2. Each violation of the provisions of § 95.15 shall constitute a public nuisance and shall be subject to abatement as provided by law.

(1973 Code, § 5-1.02) (Ord. 407, eff. - -)

3. Any person who removes or defaces a request to abate nuisance or other notice posted pursuant to this subchapter is guilty of a misdemeanor punishable as set forth in § 10.99.

(Am. Ord. 06-5, eff. 7-26-2006)

96 HAZARDOUS MATERIALS

96.01 Findings And Purpose

96.02 Definitions

96.03 Designation Of Hazardous Materials

96.04 Filing Hazardous Materials Disclosure Forms

96.05 Administrative Procedures; Disclosure Of Information

96.06 Contents Of Disclosure Forms

96.07 Additional Reporting

96.08 Exemptions From Disclosure

96.09 Fees 96.10 Enforcement

96.11 Trade Secrets

96.99 Penalty

The city makes the following findings and declares:

1. Hazardous substances and hazardous wastes present in the community may pose acute and chronic health hazards to individuals who live and work in the city and who are exposed to such substances as a result of fires, spills, industrial accidents or other types of releases or emissions;

2. The people who live and work in the city have a right and need to know of the use and potential hazards of hazardous materials in the community in order to plan for and respond to potential exposure to the materials;

3. Basic information on the location, type and health risks of hazardous materials used, stored or disposed of in the city is not now available to fire- fighters, law enforcement officers, health officials, planners, elected officials and residents;

4. It is the intent of the Council that this chapter recognize the community's right and need for basic information on the use and disposal of hazardous materials in the city and that it establish an orderly system for the provision of the information; and

5. It is further the intent of the Council that the system of disclosure set forth in this chapter shall provide the information essential to firefighters, law enforcement officers, health officials, planners, elected officials and residents in meeting their responsibilities for the health and welfare of the community in a way that the statutory privilege of trade secrecy is not abridged.

(1973 Code, § 5-20.01) (Ord. 800, eff. 5-9-1984)

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

CARCINOGEN . A substance which:

1. The International Agency for Research on Cancer states there is sufficient evidence of carcinogenicity in animals, or that there is a potential of human carcinogenicity, or that the substance is a confirmed human carcinogen; or

2. The National Cancer Institute has found in an animal bioassay that there is positive evidence of carcinogenesis in animals or humans.

C.A.S. NUMBER . The unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.

CHEMICAL NAME . The scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service.

COMMON NAME . Any designation or identification, such as a code name, code number, trade name or brand name, used to identify a substance other than by its chemical name.

COORDINATOR . The Fire Chief or his or her designee.

DISCLOSURE FORM . The form and information submitted by the user or handler of hazardous materials to the Fire Chief or his or her designee.

E.P.A. WASTE STREAM CODE . The identification number assigned pursuant to the regulations of the United States Environmental Protection Agency to specific types of hazardous wastes.

HAZARDOUS MATERIAL . Any of the following:

1. A hazardous substance;

2. A radioactive material;

3. A carcinogen;

4. A hazardous waste; or

5. Any material ordered added to the list of hazardous materials by the Fire Chief or his or her designee with the approval of the Council, based on the finding that the material, because of its quantity, concentration or physical characteristics, poses a significant present or potential hazard to the human health and safety or to the environment if released into the community.

HAZARDOUS SUBSTANCE . Any substance or product:

1. For which the manufacturer or producer is required to prepare an M.S.D.S. for the substance or product pursuant to the Hazardous Substances Information and Training Act, Cal. Labor Code Chapter 2.5 of Part 1 of Division 5 § 6360 or pursuant to any applicable Federal law or regulation; or

2. Which is listed as a radioactive material set forth and maintained and updated by the Nuclear Regulatory Commission.

HAZARDOUS WASTE . Hazardous or extremely hazardous waste as defined by the California Code of Regulations § 66261.3.

HANDLE . To generate, treat, store or dispose of a hazardous waste in any fashion.

M.S.D.S. A Material Safety Data Sheet prepared pursuant to Cal. Labor Code § 6360.

PERSON . An individual, trust, firm, joint stock company, corporation, partnership, association, city, county, district or the state, or any department or agency thereof.

RELEASE . Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment.

USE . The handling, processing or storage of hazardous substance.

PHYSICIAN . Any person who holds a certificate from the state to practice medicine.

USER . Any person who uses a hazardous substance or handles a hazardous waste.

(1973 Code, § 5-20.02) (Ord. 800, eff. 5-9-1984; Am. Ord. 90-9. eff. 5-23-1990)

1. A material may he added to the list of hazardous materials set forth in § 96.02 upon a finding by the Fire Chief or his or her designee that it satisfies the following criteria: the material, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the community.

2. A material added to the list of hazardous materials pursuant to division (A) above shall he designated as either a hazardous substance or hazardous waste by the Fire Chief or his or her designee.

3. Any material added to the list of hazardous materials by the Fire Chief or his or her designee shall be set forth in this chapter in the form of an addendum.

(1973 Code, § 5-20.03) (Ord. 800, eff. 5-9-1984; Am. Ord. 90-9, eff. 5-23-1990)

1. Any person who uses or handles a hazardous material shall annually submit a completed disclosure form as follows:

   1. Any person required to submit an application for a business license, at the time of filing a business license application or renewal, shall also file a disclosure form with the LicensingRevenue Officer.

   2. Any person not required to obtain a business license who uses or handles hazardous materials at a facility or site shall submit a completed disclosure form to the Licensing-Revenue Officer on or before January 2 of each year.

2. An amendment to the disclosure form shall be filed 15 days prior to any of the following changes:

   1. Change of business address;

   2. Change of business ownership; or

   3. Change of business name.

3. An amendment to the disclosure form shall be filed within 15 days subsequent to any of the following changes:

   1. A change in the quantity of a previously reported hazardous material that exceeds an increase of 100 percent or more of the material;

   2. The use or handling of a previously unreported hazardous material; or

   3. A change in the name, title or telephone number of persons available to assist in emergency responses.

4. The amendment to the disclosure form as required by division (B) and (C) shall contain only new information or information about a specific change and shall not require the resubmittal of an entire disclosure form.

5. Each disclosure form shall be accompanied by a filing fee set by resolution of the Council.

(1973 Code, § 5-20.04) (Ord. 800, eff. 5-9-1984; Am. Ord. 93-3. eff. 4-7-1993)

• 96.05 Administrative Procedures; Disclosure Of Information

1. Upon the receipt of a disclosure form, the Licensing-Revenue Officer shall ensure that the name and address on the form are correct and shall forward the disclosure form to the Fire Department.

2. 1. The Fire Department shall maintain files of all disclosure forms received.

   2. Subject to the provisions of § 96.11 relating to trade secrets, the files shall be open to the public during normal business hours.

   3. The disclosure forms shall be filed by street address.

3. The Fire Department shall keep a record of all persons who request access to the hazardous materials disclosure forms. The record shall include:

   1. The person's name, address and telephone number;

   2. The name and address of the person, business or governmental agency the person represents;

   3. The identity of the specific files examined or requested to be copied; and

   4. The Police Department shall have 10 days to verify the applicant's identity prior to the review of disclosure forms.

4. The files are released pursuant to the Public Records Act, Cal. Gov't Code § 6250, on a right to know basis. This chapter, however, seeks to protect the actual location of the chemicals on the site from public disclosure pursuant to Cal. Gov't Code § 6255 because the disclosure poses a threat to the security of the facility.

(1973 Code, § 5-20.05) (Ord. 800, eff. 5-9-1984; Am. Ord. 90-9. eff. 5-23-1990; Am. Ord. 93-3. eff. 4-7-1993)

The disclosure form shall include the following:

1. A listing of the chemical name, any common names and the C.A.S. number of every hazardous substance used by the person completing the disclosure form;

2. The E.P.A. Waste Stream Code of every hazardous waste handled by the person completing the disclosure form;

3. The maximum amount of each hazardous material disclosed in either divisions (A) or (B) above which hazardous material is handled or used at any one time by the user over the course of the year;

4. Upon request, the M.S.D.S. for the hazardous substance used by the person completing the disclosure form;

5. Sufficient information on how the hazardous materials disclosed in divisions (A) and (B) above are handled or used by the user to allow fire and safety personnel to prepare adequate emergency responses to potential releases of the hazardous materials;

6. Sufficient information on any releases of the hazardous materials disclosed in divisions (A) and (B) above into the air, water, sewers or land to permit the city to understand the sources and content of hazardous material releases:

7. The file code of the business, if applicable:

8. The name and telephone number of the person representing the business and able to assist emergency personnel in the event of an emergency involving the business during non-business hours; and

9. The standardized disclosure form shall be designed so that information designated by the user as a trade secret will be on a separate form or page from information which is not protected under the trade secret provisions of § 96.11.

(1973 Code, § 5-20.06) (Ord. 800, eff. 5-9-1984)

1. Upon request, all users shall provide information in addition to that required in the disclosure form filed pursuant to § 96.04 as follows:

   1. To the Fire Department any information determined by the Fire Department to be necessary to protect the public health, safety or the environment;

   2. All accidental spills shall immediately be reported to the Police Department which shall notify, if necessary, the appropriate federal, state or local agency; and (The person reporting the spill shall advise the Police Department of the material's scientific and common name and supply an M.S.D.S., the C.A.S. number and what cleanup procedures have occurred. For the purposes of this section, "material" shall include all substances listed in § 96.02. Nothing in this section shall exempt the reporting person, business or the like from the reporting requirements of spills under the provisions of federal and state laws.)

   3. To any physician where the physician determines that such information is necessary to the medical treatment of a patient.

2. Any additional information furnished under divisions (A)(1) through (3) above shall be subject to the trade secret provisions of § 96.11.

(1973 Code, § 5-20.07) (Ord. 800, eff. 5-9-1984; Am. Ord. 90-9, eff. 5-23-1990)

The following materials, persons and entities shall be exempt from disclosure under this chapter:

1. Hazardous substances contained in food, drug, cosmetic or tobacco products;

2. Any person using or handling less than 100 pounds, 50 gallons or 100 cubic feet of a gaseous material at a standard temperature and pressure at any one time, whichever is the lesser, of a hazardous material shall be exempted from the requirement of disclosure of the use or handling, unless the Fire Department has provided notice that it has lowered the weight or volume limits of this exemption for a specific hazardous material in response to public health concerns;

3. The exemption of this division (C) shall not apply to the using or handling of carcinogens, except to the extent that the carcinogens are handled or used solely for personal purposes;

4. Hazardous substances contained solely in consumer products packaged for use by, and distributed to, the general public; and

5. Any person while engaged in the transportation of hazardous materials, including storage directly incident thereto, provided the materials are accompanied by shipping papers prepared in accordance with the provisions of Title 49 C.F.R. §§ 172.200 et seq. (Chapter I, Subpart C).

(1973 Code, § 5-20.08) (Ord. 800, eff. 5-9-1984; Am. Ord. 90-9, eff. 5-23-1990)

The Council shall establish, by resolution, a schedule of fees to be paid by the persons using or handling hazardous materials which fee is sufficient to cover the costs to the city of administering this chapter.

(1973 Code, § 5-20.09) (Ord. 800, eff. 5-9-1984)

The Fire Chief or his or her designee shall conduct a minimum of an annual inspection of all locations storing hazardous materials, as defined in § 96.02.

(1973 Code, § 5-20.10) (Ord. 800, eff. 5-9-1984; Am. Ord. 90-9, eff. 5-23-1990)

1. If a user believes that a request for information made in the disclosure form involves the release of a trade secret, the user shall so notify the Fire Department in writing. As used in this chapter, TRADE SECRET shall have the meaning given to it by Cal. Gov't Code § 6254.7 and Cal. Evidence Code § 1060. The form shall nonetheless be filed with the Fire Department pursuant to this section.

2. Subject to the provisions of this section, the Fire Department shall protect from disclosure any trade secret coming into its possession when requested to do so in writing by the user.

3. Any information reported to or otherwise obtained by the Fire Department, or any of its representatives or employees, which is exempt from disclosure pursuant to division (B) above shall not be disclosed to anyone, except:

   1. To an officer or employee of the city, the state or the United States of America in connection with the official duties of such officer or employee under any law for the protection of health, or to contractors with the city and their employees if, in the opinion of the Fire Chief or his or her designee, the disclosure is necessary and required for the satisfactory performance of a contract for performance or work; or

   2. To any physician where the physician determines that such information is necessary to the medical treatment of a patient.

4. For the purposes of this section, fire and emergency response personnel and county health personnel operating within the jurisdiction of the city shall be considered employees of the city.

5. Any officer or employee of the city, or former officer or employee, who, by virtue of employment or official position, has obtained possession of or has access to information, the disclosure of which is prohibited by this section, and who, knowing that the disclosure of the information is prohibited, knowingly and wilfully discloses the information in any manner to any person not entitled to receive it shall be guilty of a misdemeanor. Any contractor with the city, and any employee of the contractor, who has been furnished information as authorized by this section shall be considered to be an employee of the city for the purposes of this section. Any physician who has been furnished information or who has obtained information pursuant to division (C) above and who, knowing that the disclosure of the information is prohibited, knowingly and wilfully discloses the information shall be guilty of a misdemeanor.

6. Information certified by appropriate officials of the United States, as necessarily kept secret for national defense purposes, shall be accorded the full protection against disclosure as specified by the officials or in accordance with the laws of the United States.

7. Upon the receipt of a request for the release of information to the public which includes information which the user had notified the Fire Department is a trade secret pursuant to division (A) above, the Fire Department shall notify the user in writing of the request by certified mail. The Fire Department shall release the information 30 days after the day of mailing the notice unless, prior to the expiration of the 30 days, the user institutes an action in an appropriate court for a declaratory judgment that the information is subject to protection under division (B) above and/or an injunction prohibiting the disclosure of the information to the general public. Pursuant to this section the user and the public requesting the information shall be considered the real parties in interest in any legal action, and the city, if named, will be a disinterested party.

8. The provisions of this section shall not permit a user to refuse to disclose the information required pursuant to this chapter to the Fire Department.

(1973 Code, § 5-20.11) (Ord. 800, eff. 5-9-1984; Am. Ord. 90-9, eff. 5-23-1990)

Any person who knowingly and wilfully violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500, or by imprisonment in the County Jail for not more than 6 months, or by both such fine and imprisonment. The person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed or continued by such person.

(1973 Code, § 5-20.12) (Ord. 800, eff. 5-9-1984)

97 ANIMALS

97 General Provisions (Sections 97.001-97.008) 97 Dogs (Sections 97.020-97.028) 97 Potentially Dangerous Or Dangerous Dogs (Sections 97.040-97.063) 97 Livestock And Fowl (Sections 97.075-97.081) 97 Kennels And Pet Shops (Sections 97.090-97.999)

97 General Provisions (Sections 97.001-97.008)

The City Council adopts this chapter based upon the following findings:

1. It is the City Council's intention that nothing in this chapter shall conflict with preemptive state or federal law and this chapter shall be interpreted in light of that intent.

2. To protect the public health, safety and welfare, it is the desire of the City Council to amend the City of Auburn Municipal Code.

(Ord. 10-06, eff. 7-28-2010)

For the purpose of this chapter, the following definitions shall apply unless the context clearly requires a different meaning to serve the intent of this chapter.

ADJUDICATED DANGEROUS DOG . Any dog in the city finally determined to be a dangerous dog after a hearing under § 97.044 or the lapse of the time to request a hearing, and an appeal under § 97.048, or a lapse of the time to initiate an appeal, or a dog in the city finally determined to be a dangerous dog under the laws and procedures of any other jurisdiction.

ANIMAL CONTROL OFFICER . Any person authorized by the Department to license animals and to enforce local and state laws regarding animals.

ANIMAL SHELTER . The Placer County Animal Shelter or other animal shelter available to the city by contract or otherwise.

AT LARGE . Any animal off the premises of its owner and not under restraint by leash, lead, rope or chain.

CITY . The City of Auburn.

DANGEROUS DOG . A dangerous dog shall mean any of the following:

1. A dog that causes the serious injury or death of any person.

2. A dog that while at large causes the serious injury or death of any domestic animal.

3. A dog that engages in or has been trained to engage in exhibitions of fighting.

4. A dog that again engages in behavior defined as a potentially dangerous dog after its owner has received notice that the dog has been determined to be a potentially dangerous dog.

DEPARTMENT . The Police Department of the city unless the City Manager designates another department or officer of the city to implement this chapter either in addition to or in lieu of implementation by the Police Department.

DOMESTIC ANIMAL . Any animal customarily kept as a household pet.

DWELLING UNIT . A housing accommodation designed for, or occupied exclusively by, 1 family.

FENCE . A wire, wood, metal, masonry, or other material, at least 3 feet in height, used as an enclosure for a yard, lot or field to effectively confine dogs within a specific area. Fences that are not solid and view-obscuring shall not be considered as effectively confining dogs unless the horizontal and vertical member (wires, rails, and posts) are securely fastened together and firmly anchored into the ground, providing a barrier beyond which a dog cannot penetrate.

MUNICIPAL CODE . The City of Auburn Municipal Code.

OWNER . Any person owning or having the control, custody or possession of any animal.

POTENTIALLY DANGEROUS DOG . Any of the following:

1. A dog that, while at large, menaces, chases, displays threatening or aggressive behavior or otherwise threatens or endangers the safety of any person or domestic animal or livestock.

2. A dog that, without provocation, bites or causes physical injury to any person, domestic animal or livestock.

SERIOUS INJURY . Any injury requiring treatment beyond first aid.

UNLICENSED DOG . A dog for which a license fee for the current year has not been paid or to which the tag provided for in this chapter is not attached.

(Ord. 10-06, eff. 7-28-2010)

The fees required by this chapter shall be adopted by resolution of the City Council and shall be calculated to recover the costs the city incurs to implement the provisions of this chapter which pertain to the fee in issue. The City Council may amend those fees from time to time.

(Ord. 10-06, eff. 7-28-2010)

It shall be the duty of the Animal Control Officer to destroy forthwith any animal lawfully impounded which is, by reason of age, disease or other cause, unfit to be a pet or dangerous to people or domestic animals.

(Ord. 10-06, eff. 7-28-2010)

1. No person shall own, possess, harbor, control or keep on any premises, any dog, fowl or other animal, that howls, barks, bays, cries, squawks or makes any other noise so continuously or incessantly for a period of 20 minutes or intermittently for an hour or more as to unreasonably disturb the peace or quiet of any person. Doing so is hereby declared to be a nuisance.

2. In determining whether a violation of the provisions of this section exists, the following shall be considered:

   1. The volume of the sound;

   2. The proximity of the sound to sleeping facilities;

   3. The time of the day or night the sound occurs.

3. Any person who shall keep or permit to remain on any premises any animal which is a nuisance as defined in division (A) of this section is guilty of a violation of this chapter provided that while the animal is making such a noise, no person or other animal is trespassing or threatening to trespass or no person is provoking the animal.

4. After determination that a violation of this § 97.005 has occurred and prior to issuance of a citation pursuant to §§ 10.88 et seq . of the Auburn Municipal Code, an enforcement officer shall issue at least one warning to the owner or person having care, custody, control or possession of the animal creating the nuisance.

5. This chapter shall not apply to public animal control agencies or shelters, society for the prevention of cruelty to animal shelters, or humane society shelters.

(Ord. 10-06, eff. 7-28-2010)

Animal Control Officers shall charge and collect license and other fees required by this chapter and issue the certificates and tags prescribed by this chapter and issue citations in accordance with the laws of the city and the state.

(Ord. 10-06, eff. 7-28-2010)

No owner shall fail or refuse to exhibit the registration of any animal required to be licensed pursuant to the provisions of this chapter when requested to do so by the Department or an Animal Control Officer.

(Ord. 10-06, eff. 7-28-2010)

An Animal Control Officer is hereby authorized to enter upon any premises upon which they have reasonable grounds to believe any animal is kept in violation of any law, or for the purpose of taking up, seizing or impounding any animal found running at large or for the purpose of inspecting the premises to ascertain whether any law of the city or state in any way relating to the care, keeping, treatment or impounding of dumb animals is being violated. Such entry shall be into areas open to the public, with the consent of an owner or occupant of the area to be entered, or pursuant to a warrant or other judicial authorization.

(Ord. 10-06, eff. 7-28-2010)

97 Dogs (Sections 97.020-97.028)

97.020 License Required; Records

97.021 Licenses; Puppies; Exceptions

97.022 Licenses; Tags And Certificates; Procurement; Term

97.023 Licenses; Tags And Certificates; Duplicates; Fees

97.024 Licenses; Tags And Certificates; Exhibition

97.025 Licenses; Tags; Wearing; Removal

97.026 Removal Of Animal Waste

97.027 Reporting Of Animal Bites

97.028 Animals At Large; Leash And Confinement Of Dogs Required

Every owner of any dog over 6 months of age kept or maintained within the city shall procure a license within 30 days of acquiring ownership of the dog and shall pay the license fee established by resolution of the City Council. The Licensing- Revenue Officer shall keep a record of the name of the owner or other person to whom a certificate and tag have been issued and the number and date of the certificate and tag.

(Ord. 10-06, eff. 7-28-2010)

Dogs under 6 months of age need not be licensed pursuant to this chapter if kept confined entirely on the premises of the owner. An Animal Control Officer may require satisfactory proof, in writing, substantiating any claim of exemption under the provisions of this chapter.

(Ord. 10-06, eff. 7-28-2010)

1. An Animal Control Officer shall procure and issue numbered license tags stamped with the name of the city. The tags shall only be issued upon the application of owners who have complied with the vaccination and fee provisions of this chapter and the license tag will be permanently issued for each dog and shall remain with that dog.

2. The dog licenses required by this chapter shall be issued upon the payment of the fees established by City Council resolution for a fixed period commencing upon the date of the application and upon the showing of a valid certificate of rabies vaccination.

3. The owner of every dog over 6 months of age kept or maintained in the city shall have that dog vaccinated for rabies as often as required by Cal. Health and Safety Code § 121690. Such vaccination shall be administered by a veterinarian or a vaccination clinic operated pursuant to Cal. Health and

Safety Code § 121690(f).

4. Every person of an unvaccinated dog shall comply with the provisions of this section within the sooner of 10 days of January 12, 2001 or the date that person becomes an owner of an unvaccinated dog.

5. Notwithstanding any other provision of this section, however, no dog need be vaccinated for rabies if all of the following are true:

   1. A licensed veterinarian has examined the dog and has certified that a vaccination would endanger the dog's health; and

   2. The certificate is presented to the health officer within 5 days of the examination; and

   3. The health officer concurs in the opinion of the veterinarian, contained in such certificate, and endorses his or her approval on the certificate. Such certificate must bear the date of issuance and must be renewed within 12 months of that date and annually thereafter.

6. Every veterinarian or clinic, after vaccinating a dog for rabies, shall issue a certificate of that fact and furnish 1 copy of the certificate to the owner of the dog and 1 copy to the Placer County Director of Animal Control or another person designated by the Department within 5 days of vaccination. The certificate shall be in the form prescribed by the Placer County Director of Animal Control or the Department.

(Ord. 10-06, eff. 7-28-2010; Am. Ord. 10-11, eff. 1-12-2011)

Whenever a license tag issued for the current year by an Animal Control Officer has been stolen or lost, the owner of the dog for which the tag was issued shall pay a fee established by City Council resolution, shall file with the Department, a declaration of the loss under penalty of perjury, and shall receive a duplicate tag for the remaining portion of the year.

(Ord. 10-06, eff. 7-28-2010)

No person shall fail or refuse to show, upon demand thereof, to the Animal Control Officer, or any officer of the city, a license certificate, rabies vaccination certificate and license tag for any duly registered dog kept or maintained in the city.

(Ord. 10-06, eff. 7-28-2010)

A dog owner shall be responsible to ensure that the tag issued pursuant to the provisions of § 97.022 is securely fixed to a collar, harness or other device worn at all times by the dog for which the registration is issued, except while the dog remains indoors or within a yard or pen enclosed by a fence.

(Ord. 10-06, eff. 7-28-2010)

It is unlawful for any owner of any equine or canine to fail to immediately remove, and dispose of in a sanitary manner, any waste deposited by the animal(s) upon public property, or upon private property not owned or controlled by the person. The provisions of this section shall not apply to a blind person assisted by a guide dog.

(Ord. 10-06, eff. 7-28-2010)

1. Any owner of a dog or other animal that bites a human or domestic animal shall provide his or her name and address and present his or her driver's license or other form of identification and information regarding the rabies vaccination of the dog or other animal to the person bitten or the owner of the animal bitten. The owner of the dog or other animal shall provide his or her current residence address. If the person bitten is a minor, the owner of the dog or other animal shall provide the required information to the parent or guardian of the minor.

2. In addition to the above requirements, it shall be the duty of any person having knowledge of any animal which has bitten a human or a domestic animal within the city, not later than the end of the next business day, to report the facts to the Placer County Health Department, an Animal Control Officer or the Department and to furnish as much information about the incident as possible, including the date, time and location where the bite occurred, description of the animal or person bitten, name and license number and rabies vaccination history of the biting animal.

(Ord. 10-06, eff. 7-28-2010)

An owner must not allow an animal to be at large with the following exceptions:

1. Dogs secured within a vehicle or dog carrier;

2. Animals trained to assist a person with a disability provided that they are accompanied by a disabled person whom they have been assigned to assist and evidence acceptable to the Department is provided demonstrating the animal's training as an assistive animal;

3. Dogs participating in field or obedience training or exhibitions;

4. Dogs assisting a security guard in the course of the security guard's duties;

5. Police dogs;

6. Dogs being trained for any of the purposes set forth in this section on private land with permission of the land owner, so long as the dogs are under direct control of a trainer to ensure that they remain subject to his or her control.

7. Until such time as the Legislature amends Government Code Section 53074 to allow otherwise, this section shall be enforced as follows:

   1. No owner shall be cited because his or her dog is not leashed while on property owned or controlled by the owner unless the dog has strayed off the property.

   2. A dog that has strayed from but returned to private property owned or controlled by the owner of the dog shall not be seized or impounded, but a citation may be issued; provided however, that if the owner is not home, the dog may be impounded.

   3. Whenever a dog is impounded under this section from the property owned or controlled by the owner of the dog, the Animal Control Officer shall post an impound notice on the property. The notice shall provide the following information:

      1. That the dog has been impounded and where the animal is held;

      2. The address and telephone number of the animal shelter or other place where the animal is held and the name of the person to be contacted regarding release of the dog;

      3. The ultimate disposition of the dog if no action to regain it is taken within a specified period of time by its owner.

(Ord. 10-06, eff. 7-28-2010)

97 Potentially Dangerous Or Dangerous Dogs (Sections 97.040-97.063)

97.040 Potentially Dangerous Or Dangerous Dogs

97.041 Potentially Dangerous Dog And Dangerous Dog Classification

97.042 Request For Hearing

97.043 Service Of Notice

97.044 Administrative Hearing

97.045 Subpoenas

97.046 Affirmative Defense To Classification

97.047 Successor Owners Or Keepers

97.048 Judicial Review; Notice Of Intent To Seek Judicial Review; Request For Record

97.049 Seizure And Impoundment

97.050 Alternative Impoundment

97.051 Mitigating Circumstances

97.052 Licensing Potentially Dangerous Dogs

97.053 Display Of Potentially Dangerous Dog License Tag

97.054 Restraint Of Potentially Dangerous Dogs

97.055 Notice Of Escape Or Disposition Of Potentially Dangerous Dog

97.056 Posting Of Premises Where Potentially Dangerous Dog Is Maintained

97.057 Owner Of Potentially Dangerous Dog To Permit Inspection

97.058 Possession Or Control Of Potentially Dangerous Dogs By Certain Persons Prohibited

97.059 Insurance Requirements For Owning Or Keeping A Potentially Dangerous Dog

97.060 Identification Of Potentially Dangerous Dogs

97.061 Spay Or Neuter Of Potentially Dangerous Dogs

97.062 Destruction Of Dangerous Dogs; Request For Temporary Stay Pending Judicial Review 97.063 Restrictions On Possession Or Control Of Dogs By Certain Persons

Any person in possession or in control of a potentially dangerous dog as defined in this chapter shall not permit that dog to be or remain in any public place or premises in the city unless effectively muzzled; under restraint by a substantial leash, chain, or halter (not to exceed 6 feet in length); and under the control of a person who is competent to keep such animal under effective charge or control. This requirement is supplementary to any and all limitations and conditions which may be imposed upon said person by means of other permit specifications or conditions as may be required by this chapter. Except when so muzzled and leashed, adjudicated dangerous dogs and dogs which have previously been determined to be potentially dangerous, shall be kept indoors or enclosed by a fence, as defined in this chapter, and by a second enclosure within the fenced area that is closed on all sides to prevent escape, including a base and a cover or roof.

(Ord. 10-06, eff. 7-28-2010)

1. The Animal Control Officer is authorized to determine whether any dog is a potentially dangerous dog or a dangerous dog as those terms are defined in this chapter.

   2. When the Animal Control Officer has reason to believe that a dog is potentially dangerous or dangerous, the officer shall investigate whether there is sufficient evidence to classify the dog as potentially dangerous or dangerous. Evidence may include observations and testimony by the Animal Control Officer or other witnesses who personally observed the animal's behavior. The evidence may include testimony about the dog's upbringing and the owner's control of the dog.

   3. In determining that sufficient evidence exists to classify a dog as potentially dangerous or dangerous, an Animal Control Officer shall consider any mitigating circumstances described in § 97.051 or in any regulation promulgated by the Department before reaching a determination; however, the existence of mitigating circumstances shall not in and of itself bar an Animal Control Officer from classifying a dog as potentially dangerous or dangerous.

   4. When an Animal Control Officer determines a dog to be potentially dangerous or dangerous solely on the uncorroborated testimony of a victim or a witness other than a law enforcement officer, the testimony must be given in writing signed under penalty of perjury.

   5. If an Animal Control Officer determines a dog to be potentially dangerous or dangerous, he or she must serve the owner or keeper of the dog with notice of that determination. The notice may state the basis of the determination, that the animal may be impounded or destroyed if it should engage in conduct that allows a determination that it is a dangerous dog under this chapter, the right to a hearing, and the manner and time in which a hearing must be requested, and the nature of the hearing under this chapter.

   6. The Department may establish and amend from time to time administrative regulations for the classification of potentially dangerous and dangerous dogs and shall give notice of those regulations in the manner required by law for the publication of ordinances of the City Council.

• (Ord. 10-06, eff. 7-28-2010)

1. If a dog owner disputes a determination that the dog is dangerous or potentially dangerous under § 97.041, an impoundment under § 97.049, the destruction of a dog under § 97.062, or a restriction on possession or control of a dog under § 97.063, he or she shall deliver a written request for a hearing to the Department within 5 days of service of notice or else waive any further right to contest the action. The request must detail the factual basis to contest the action and any claimed affirmative defense or mitigating circumstance.

2. If a timely request for hearing is submitted in accordance with division (A) above of this section, the Animal Control Officer shall schedule a hearing under § 97.044 within 60 days served on both the owner or keeper by regular mail as provided in § 97.043 below. When an owner or keeper timely requests a hearing to contest impoundment and timely requests a hearing to contest a classification of a dog as dangerous or potentially dangerous, the hearing officer may schedule a single hearing on both requests.

3. If no timely request for hearing is submitted, the determination of the Animal Control Officer becomes final, non-appealable and not subject to judicial review due to a failure to exhaust administrative remedies. In such case, any owner of a dog determined to be potentially dangerous shall comply with the requirements of this chapter for the keeping of such dogs in the city and any owner of a dog determined to be dangerous shall surrender it to an Animal Control Officer on request to arrange for it to be put down.

(Ord. 10-06, eff. 7-28-2010)

When another provision of this chapter requires that notice be given by the city under this section, the notice may be served in any of the following means:

1. Personal service.

2. Certified mail at the last known address, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail to the last known address. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective by regular mail, provided the notice that was sent by regular mail is not returned by the Post Office as undeliverable.

3. Posting the notice conspicuously on or in front of the property where the dog was last known to be kept.

4. If the Animal Control Officer issuing the notice knows that more than 1 person is the owner of the dog, as the term "owner" is defined by this chapter, and that those persons have different mailing addresses, notice may be served by regular mail at each owner's last known address provided that at least 1 owner is given notice by one of the methods described in §§ 97.031(A)(1) through 97.031(A)(3).

5. Services by certified or regular mail in a manner described in this section shall be effective on the date of mailing.

6. Failure of an owner to receive any notice served in accordance with this section shall not affect the validly of any proceedings taken.

• (Ord. 10-06, eff. 7-28-2010)

1. A hearing officer designated by the Department shall conduct the hearing under this section, which hearing shall be informal, open to the public and recorded on audiotape.

2. The hearing officer shall permit every owner of the dog and any victim or complaining witness, and may permit others, to offer written or oral evidence. The hearing officer may limit the use of subpoenas, witnesses, testimony, evidence, rebuttal, and argument. The hearing officer may allow the crossexamination of witnesses to the extent necessary to ensure a fair hearing and may limit crossexamination of witnesses as necessary to maintain proper decorum and to prevent harassment. The Department may establish rules or regulations governing the selection and duties of hearing officers.

3. The city bears the burden of proof at the hearing of the propriety of the action which is the subject of the appeal provided, however, that the owner has the burden to prove any affirmative defense or mitigating circumstance.

4. The owner(s) and the Animal Control Officer presenting the case may be represented by counsel, and may present oral and written evidence. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Relevant admission evidence includes but is not limited to incident reports and witness affidavits. Witnesses need not be sworn in except as otherwise provided in § 97.041(D) of this chapter.

5. The hearing officer's written determination shall be served as provided in § 97.043 on all owners of the dog(s) affected by the hearing known to the city and all owners of the dog shall comply with the requirements of this chapter triggered by the determination and any order of the hearing officer before the later of:

   1. Expiry of the time for judicial review of the decision without the filing of an action for such review pursuant to § 97.048 of this chapter or

   2. Ten days after a final order of the Superior Court on such an action unless another time is specified by the Court.

(Ord. 10-06, eff. 7-28-2010)

In any hearing conducted pursuant to this chapter, the hearing officer shall have power to examine witnesses under oath and the hearing officer and any dog owner may request the City Council to compel their attendance and/or the production of evidence by subpoenas issued pursuant to Government Code Sections 37104 and 37105 or other applicable law. Any person who shall be served with such a subpoena to appear and testify or to produce books or papers issued in the course of any investigation or hearing who shall disobey or neglect to obey any such subpoena shall be guilty of a misdemeanor and punishable as provided in § 10.99 of this code. Subpoenas requested by a dog owner shall be supported by a declaration of the dog owner made under penalty of perjury showing good cause for issuance of the requested subpoena. The person requesting any subpoena issued pursuant to this section shall pay the witness fee established by statute for attendance of witnesses in civil actions in superior courts.

(Ord. 10-06, eff. 7-28-2010)

shall be an affirmative defense to classification of a dog as dangerous or potentially dangerous under § 97.041 if the dog owner or keeper demonstrates by a preponderance of the evidence at the hearing required by § 97.044 that the behavior of the dog in question was directed against a willful trespasser into a building or fenced area on private property.

(Ord. 10-06, eff. 7-28-2010)

1. Any person in the city who becomes the owner of an adjudicated dangerous dog or a dog that has been determined to be potentially dangerous shall comply with all the provisions of this chapter if he or she knows or reasonably should know of that fact.

2. If an owner removes a dog from the city after it has been determined to be a potentially dangerous animal, that owner shall notify the agency responsible for enforcement of animal control laws in the place where the dog is to be relocated within 30 days of removing the dog there and failure to do so shall constitute a misdemeanor violation of this code punishable as set forth in § 10.99 of this code.

(Ord. 10-06, eff. 7-28-2010)

1. Any determination made after a hearing under § 97.044 shall be final and conclusive as to the city, and may not be appealed excepted as provided in division (B) of this section.

2. Judicial review of the final decision under § 97.044 may be had in the Superior Court pursuant to Food & Agriculture Code Section 31622 provided that the appeal is initiated within the time specified in § 97.062(A)(2) of this chapter. The owner, guardian, or keeper of the dog may be charged the actual cost of transcribing or otherwise preparing the record.

3. Unless the hearing officer or the Superior Court grants a stay, a dog owner shall comply with the requirements of this chapter for keeping a potentially dangerous dog pending judicial review.

   4. After service of a final decision on the parties and upon written request to be delivered to the owner or keeper of the dog within 10 days, or as soon thereafter as reasonably possible, the owner, guardian, or keeper of the dog may be charged the actual cost of transcribing or otherwise preparing the record.

• (Ord. 10-06, eff. 7-28-2010)

1. A dog classified as dangerous under § 97.041 shall be impounded as soon as practical after service of the classification notice. If a dog initially classified as dangerous is determined after a hearing under § 97.044 not to be dangerous, but potentially dangerous, then the dog shall be either released or held impounded as provided in this section as the hearing officer shall determine. If the dog is determined after a hearing to be neither dangerous nor potentially dangerous, the dog shall be released to its owner.

2. An Animal Control Officer may impound a dog classified as potentially dangerous when:

   1. The officer has probable cause to believe the dog poses an immediate threat to public health or safety; or,

   2. The owner, guardian or keeper of a dog classified as potentially dangerous has received notice of that classification and failed to timely comply with any of the requirements, or violated any of the prohibitions, of this chapter for keeping a potentially dangerous dog.

   3. A dog impounded under this division (B) shall be released when:

      1. An owner has complied with §§ 97.054, 97.056, 97.059, 97.060 and 97.061 and any other conditions imposed by the hearing officer and paid the costs of impoundment; or,

      2. A decision maker determines that the dog should not be classified as potentially dangerous in a hearing or appeal under this chapter;

      3. An owner has demonstrated an intention and an ability to immediately comply with this chapter's requirements for keeping a potentially dangerous dog; and,

      4. An owner has secured the release of his or her dog from impoundment after payment of impound fees.

   4. If the dog is found to be potentially dangerous or dangerous, every owner of the dog shall be jointly and severally liable to the city for all impoundment costs. No dog for which impoundment costs are due shall be released until the charges have been paid.

(Ord. 10-06, eff. 7-28-2010)

When not contrary to public health safety, the Animal Control Officer shall, at the request of an owner or keeper, permit a dog which might otherwise be impounded pursuant to this chapter to be confined at the owner's expense in a mutually agreed kennel or veterinary facility provided that the operator of the kennel or veterinary facility agrees that the animal may not be released other than to an Animal Control Officer without the written consent of the Department.

(Ord. 10-06, eff. 7-28-2010)

A dog owner may prove the following mitigating circumstances by a preponderance of the evidence. The Department need not investigate whether any mitigating circumstances exist.

1. The person injured or threatened by the dog was at the time:

   1. Abusing the dog;

   2. Assaulting another person;

   3. Committing or attempting to commit either a crime or an intentional tort on property owned or controlled by an owner of the dog;

   4. Acting in concert with another who was committing or attempting to commit any of the acts described in this subsection.

2. The animal injured or threatened by the dog to be classified was:

   1. Threatening or attacking the dog to be classified when it was injured or threatened;

   2. Injured or threatened while the dog to be classified was working as a hunting dog, herding dog, or predator control dog on property owned or controlled by an owner of the dog and the animal was a species to be herded or hunted by the dog to be classified.

(Ord. 10-06, eff. 7-28-2010)

An owner of a dog classified potentially dangerous under this chapter must obtain a potentially dangerous dog license from the Department within 5 business days of service of a potentially dangerous dog classification notice. A license fee in addition to the licensing fee required by § 97.020 of this chapter shall be charged to the dog's owner to provide for the increased costs of monitoring compliance with the requirements of this chapter.

(Ord. 10-06, eff. 7-28-2010)

An owner of a dog licensed under § 97.052 must display that license on the dog's collar at all times.

(Ord. 10-06, eff. 7-28-2010)

1. An owner of a dog in the city found to be potentially dangerous under this chapter or the law of another jurisdiction must restrain the dog at all times by one of the following methods:

   1. Securely confine the dog indoors;

   2. Securely confine the dog to property owned or controlled by an owner of the dog. Where the dog is confined by means of a fenced yard or enclosure, the fence or enclosure must meet the definition of a fence stated by this chapter above and must be constructed so as to prevent trespass by children.

   3. Restrain the dog as provided in § 97.040.

   4. Humanly confine the dog in a vehicle so that is can neither escape nor inflict injury on passersby.

2. The Animal Control Officer may impose additional restraint requirements on the owners of a dog classified potentially dangerous, including requiring that the dog be muzzled whenever not secured indoors. Failure to comply with any order of the Animal Control Officer under this section is a violation of this chapter punishable as a misdemeanor under § 10.99 of the City Municipal Code.

(Ord. 10-06, eff. 7-28-2010)

• 97.055 Notice Of Escape Or Disposition Of Potentially Dangerous Dog

An owner of any dog classified potentially dangerous under this chapter shall immediately notify the Department if the dog is on the loose or unconfined. The owner of such a dog must notify the Department within 48 hours if the dog dies, is sold, transferred, kept at a new location, or an owner changes addresses. An owner must provide the address where the dog is to be kept and of the name, address and telephone number of any new owner. Any new owner applying for a license for a dog which that owner knows or reasonably should know has been classified as potentially dangerous under this chapter or under the laws of any other jurisdiction regulating potentially dangerous or dangerous dogs, must inform the Animal Control Officer, of the fact.

(Ord. 10-06, eff. 7-28-2010)

Within 5 days of the classification or immediately upon relocating the dog to new premises in the city, whichever is later, an owner of a dog found to be potentially dangerous under this chapter or the laws of another jurisdiction must display on any premises where the dog is kept a sign visible to the general public and approved by the Animal Control Officer depicting a menacing dog and warning there is a potentially dangerous dog on the premises.

(Ord. 10-06, eff. 7-28-2010)

An owner of any dog in the city which has been classified potentially dangerous under this chapter or under the laws of another jurisdiction must consent as a condition of licensing the dog to inspection by the Animal Control Officer of the dog and of the property where the dog is kept at any reasonable time to verify compliance with the requirements of this chapter.

(Ord. 10-06, eff. 7-28-2010)

1. No minor may possess or control a dog classified potentially dangerous at any time. When a minor is keeping a dog that is later classified potentially dangerous, the dog must be removed from the City of Auburn or ownership or control of the dog transferred to a new owner within 15 days of service of the classification notice.

2. No person who has been convicted of a crime involving the use or threatened use of violence or the illegal sale of controlled substances may possess or control an adjudicated dangerous dog or a dog determined to be potentially dangerous under this chapter or under the law of another jurisdiction. Within 15 days of service of a notice of the requirements of this chapter, such a person shall remove the dog from the City of Auburn or transfer ownership and control of the dog to a new owner and keeper who is not prohibited from owning the animal under this chapter and who does not reside with the person transferring ownership and control of the animal.

(Ord. 10-06, eff. 7-28-2010)

The Animal Control Officer may require an owner of a dog classified as potentially dangerous under this chapter or under the law of another jurisdiction to maintain liability insurance of at least $250,000 covering any damage or injury caused by the dog. In determining whether to impose an insurance requirement, the Animal Control Officer must consider the size, strength, and aggressiveness of the dog, and any evidence concerning the dog's upbringing and its owners' control of the dog. The insurance must be maintained for as long as the dog is kept in the City of Auburn. An owner must provide proof of coverage acceptable to the Department. The insurance must be obtained and a certificate presented to the Animal Control Officer within 30 days of the dog being classified as potentially dangerous and upon each renewal of the insurance policy.

(Ord. 10-06, eff. 7-28-2010)

1. An owner of a dog classified potentially dangerous under this chapter or the law of another jurisdiction must within 30 days of notice of the fact of that classification and at his or her own expense have either:

   1. An identification number assigned to the dog by a nationally recognized tattoo registry service tattooed permanently on the inner left rear leg of the dog; or,

   2. An identification microchip embedded under the dog's skin by a veterinarian. If the owner, guardian or keeper elects this option, he or she must have the procedure performed before the expiration of the 30-day period.

2. Compliance with this section shall be stayed upon a timely request for hearing under § 97.044 or judicial review under § 97.048 to contest the classification of the dog as potentially dangerous.

(Ord. 10-06, eff. 7-28-2010)

1. Within 30 days of notice that a dog in the city has been classified as potentially dangerous under this chapter or the law of another jurisdiction, an owner of that dog must provide written evidence satisfactory to the Department that he or she has had the dog spayed or neutered at his or her own expense by a licensed veterinarian.

2. Compliance with this section shall be stayed upon timely request for hearing under § 97.044 or judicial review under § 97.048 to contest the classification of the dog as potentially dangerous.

(Ord. 10-06, eff. 7-28-2010)

1. An adjudicated dangerous dog shall be destroyed after the later of the following dates:

   1. The expiration of the time to request a hearing under § 97.044 provided that a hearing is not timely requested;

   2. Five days after personal service or 10 days after service by mail of the administrative hearing decision, unless within that time an action for judicial review of the decision is initiated under § 97.048 of this code and written notice is given to the Department of that fact.

   3. Twenty days after the notice to the Department required by division (2) of this division (A) unless:

      1. A stay under § 97.048(C) is granted, then after the expiration of the stay;

   4. If an action for judicial review is filed pursuant to § 97.048, then 2 days after personal service or 7 days after mail service of notice of entry of judgment or as otherwise specified in the order of the court.

2. A dog owner may request a stay of the destruction of the dog pending the filing of an action for judicial review under § 97.048 of this chapter by filing a written request for stay with the Department and making an advanced payment for kenneling costs. The stay shall be granted and effective for a number of days equal to the number of days of advanced kenneling costs received and shall be extended for such longer period as the owner posts additional kenneling costs with the Department or for such time as the Superior Court may direct.

3. Every owner of the dog shall be jointly and severably liable to the City of Auburn for the cost of impoundment, kenneling, euthanasia, and disposal of the dog's remains.

(Ord. 10-06, eff. 7-28-2010)

1. The Animal Control Officer may upon a finding of good cause prohibit for a period of 3 years the possession or control of any dog by any person who violates the provisions of this chapter pertaining to the ownership or keeping of a dog classified potentially dangerous. The restriction will not be effective until the Animal Control Officer provides written notice of the prohibition in the manner described in § 97.043, the opportunity to request a hearing under § 97.044 and an opportunity to seek judicial review as provided in § 97.048.

2. The Animal Control Officer may upon finding a good cause prohibit the possession or control of any dog by the owner and keeper of a dog classified as dangerous under this chapter. The restriction will not be effective until the Animal Control Officer provides written notice of the prohibition in a manner described in § 97.043, the opportunity to request a hearing under § 97.044 and an opportunity to seek judicial review as provided in § 97.048.

(Ord. 10-06, eff. 7-28-2010)

97 Livestock And Fowl (Sections 97.075-97.081)

• 97.076 Permits; Applications; Forms; Issuance

It shall be unlawful for any person to keep, or permit to be kept, on the premises owned, occupied or controlled by such person any swine, rabbit, goat, sheep, donkey, jack, jenny, horse, cow, bull, chickens, duck, goose, turkey, peacock or guinea hen without first obtaining a written permit from the city for each type thereof, except that permits shall not be required if the premises are zoned for agricultural uses.

(1973 Code, §6-1.401) (Ord. 97-4, eff. 4-14-1997) Penalty, see § 97.999

1. The permits required by the provisions of § 97.075 shall be obtained from the Animal Control Officer, and in the form provided.

2. Applications for the permits shall state the location, the number and type of animals or fowl, the owner of the real property where the animal or fowl will be kept.

3. The Animal Control Officer shall investigate each application and issue a revocable permit only if he or she finds that granting the permit will not injure the public safety, health or comfort, and will not create a public nuisance.

(1973 Code, §6-1.402) (Ord. 97-4, eff. 4-14-1997)

The fee for livestock application process shall be $10.

(1973 Code, §6-1.403) (Ord. 97-4, eff. 4-14-1997)

1. Any permit granted pursuant to the provisions of § 97.076 may contain reasonable conditions and be revoked by the Animal Control Officer for cause on written notice given to the permittee by certified mail at the address set forth in his or her application. The permit shall be deemed revoked 48 hours after the delivery of the notice to the applicant or his or her agent.

2. In the event the notice is not delivered by certified mail, the permittee shall be given notice by posting the property where the fowl or animal is kept and the permit shall be deemed revoked 3 days from the time the notice is posted.

(1973 Code, §6-1.404) (Ord. 97-4, eff. 4-14-1997)

If written complaints are filed with the Animal Control Officer objecting either to the granting of a permit, or requesting the revocation of a permit already granted, he or she shall make an investigation. An appeal may be made to the Council by any person aggrieved by the decision of the Animal Control Officer to grant, revoke, or fail to grant or revoke any permit. Any person complaining of the keeping of any such animal and requesting an investigation by the Animal Control Officer shall first deposit with the city the sum of $2.50 to help defray the costs of the investigation and report.

(1973 Code, §6-1.405) (Ord. 97-4, eff. 4-14-1997)

Every person owning or occupying premises where any animal, fowl or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which such animal is kept in a clean and sanitary condition.

(1973 Code, §6-1.406) (Ord. 97-4, eff. 4-14-1997)

The keeping of any animal or fowl in violation of the provisions of this subchapter is hereby declared to be a public nuisance and any such animal or fowl kept in violation of the provisions of this subchapter shall be taken by the Animal Control Officer and impounded in the Animal Shelter, and shall be disposed of as

provided by law.

(1973 Code, §6-1.407) (Ord. 97-4, eff. 4-14-1997)

97 Kennels And Pet Shops (Sections 97.090-97.999)

1. It shall be unlawful for any person to erect, establish or maintain any kennel or pet shop without first obtaining a permit from the Health Officer and a business license pursuant to the provisions of this code. The granting of the permit shall be at the discretion of the Health Officer, who shall take into consideration the type of construction to be employed as it relates to sanitation and the manner in which animals, birds or fowl are to be housed, the character of the person making the application and the zoning regulations in effect. The Health Officer may appoint the Animal Control Officer as his or her designated agent, and upon the payment of the required license fee, a license shall be issued to the applicant pursuant to the provisions of this code relating to business licenses.

2. Pet shops shall be classified as kennels for the purposes of the license until pet shops are separately provided for in this code.

(1973 Code, §6-1.601) (Ord. 97-4, eff. 4-14-1997)

The provisions of § 97.090 requiring the payment of an annual license fee shall not apply to any animal shelter maintained and operated by a society for the prevention of cruelty to animals duly incorporated as a nonprofit corporation.

(1973 Code, §6-1.602) (Ord. 97-4, eff. 4-14-1997)

1. Suspension; grounds . Any permit issued pursuant to the provisions of this subchapter and the resulting business license may be revoked or suspended if, after due investigation, the Health Officer, or designee, fords that the premises are maintained and operated in violation of the provisions of Cal. Penal Code § 597 relating to cruelty to animals, are operated so as to violate any law, are dangerous to the public health, or are unsanitary. The Health Officer may order an immediate suspension of any permit and license granted pursuant to the provisions of this article for a period of 10 days. The order of suspension shall set forth the findings of the Health Officer.

2. Revocation; hearings; notices . The Health Officer shall not revoke a permit granted pursuant to the provisions of this subchapter unless written notice of a hearing on the revocation is served upon the owner, occupant or other person in charge of the business at least 5 days before the hearing by the Health Officer. Where, after diligent search, the owner, occupant or person in control cannot be found, a copy of the notice shall be mailed to the permittee at his or her place of business at least 5 days before the hearing on the revocation of the permit.

3. Effect . No person shall operate the business in the city during any time in which the permit for the business has been suspended or revoked.

(1973 Code, §6-1.603) (Ord. 97-4, eff. 4-14-1997)

1. It shall be the duty of the Chief of Police or designee to enforce all of the provisions of this chapter. Any person, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter shall be deemed guilty of an infraction unless otherwise stated under the provisions of this code and shall be punishable upon a first conviction of an animal violation fee as set by Council resolution, as may be amended from time to time, on file in the office of the City Clerk and incorporated in this section by reference. The animal violation fee shall include a penalty for a second violation and subsequent conviction within a 1-year period.

2. Any violations of this chapter beyond the second conviction within a 1-year period are chargeable as a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99 of this code.

3. Notwithstanding any other provision of this section to the contrary, the City of Auburn does hereby approve an administrative fee of $125 for animal noise violations and $50 for all other animal infractions.

(Am. Res. 05-39, eff. 4-27-2005)

98 AIRPORT RULES AND REGULATIONS

98 General Provisions (Section 98.01)

Cross-reference: Airport Department, see §§ 32.155

98 General Provisions (Section 98.01)

The City Council shall establish minimum operating standards for aeronautical activities for the Auburn Municipal Airport. The City Council may, from time to time, amend by resolution the minimum operating standards.

(1973 Code, § 5-2.101) (Ord. 96-4, eff. 5-8-1996)

99 SAFETY ALARM SYSTEMS

The purpose of this chapter is to encourage the proper and effective use of alarm systems by setting forth regulations governing burglary, robbery and fire alarm systems within the city.

(1973 Code, § 4-10.01) (Ord. 771, eff. 4-21-1982)

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

ALARM AGENT . Any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, monitoring, replacing, moving or installing on or in any building, structure or facility any alarm system within the city. Exemption: The provisions of this division shall not include a person who engages in the manufacture or sale of an alarm system from a fixed location and who neither visits the location where the alarm system is to be installed. nor designs the scheme for the physical location and installation of the alarm system in a specific location.

ALARM BUSINESS . The business by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, monitoring, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility within the city.

ALARM DEVICE .

1. Any mechanical or electrical device which transmits a prerecorded message or other signal by telephone, telephone line or other means to a central alarm station or telephone answering service or directly to a police or fire department or other emergency dispatch room or which produces an audible or visible signal designed to notify persons within audible or visual range of the signal.

2. For the purposes of this chapter, the devices shall include devices for the detection of an unauthorized entry in a building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure, or facility. The devices shall also include devices designed or used for the detection of smoke and/or heat, and/or any portion thereof.

ALARM SYSTEM . All alarm devices and alarm installations located totally within the city and owned, operated or maintained by a single individual, business, firm, corporation, government agency or other commercial entity, or any combination thereof.

AUDIBLE ALARM . Any mechanical or electrical device designed for the detection of an unauthorized entry on the land, building, structure and/or facility of an alarm owner, or any mechanical or electrical device designed for the detection of smoke and/or heat and/or water flow therein, which generates an audible sound outdoors when it is actuated.

FALSE ALARM .

1. Any signal or message produced, or caused to be produced, by an alarm system to which the Police Department, Fire Department or supplier of emergency services responds which signal or message is due to the negligence of the owner or user of the alarm system or alarm device or due to a malfunction or malfunction in the alarm device or alarm system.

2. Signals and messages from alarm systems received by telephone answering services and central alarm stations which are relayed to the supplier of emergency services.

SUPPLIER OF EMERGENCY SERVICES . Any governmental agency supplying police, fire, medical or other emergency services, including, but not limited to the Police Department and Fire Department of the city.

(1973 Code, § 4-10.02) (Ord. 771, eff. 4-21-1982)

The Chief of Police and/or Fire Chief may prescribe minimum standards and regulations for the construction and maintenance of all alarm systems installed within the city. All alarm systems to be installed by commercial businesses shall be installed, monitored and maintained by licensed personnel pursuant to the provisions of Cal. Business and Professions Code § 7521 and all other related federal and state provisions. The Chief of Police and Fire Chief may require the inspection and approval of all police alarm systems installed within the city.

(1973 Code, § 4-10.03) (Ord. 771, eff. 4-21-1982)

It shall be unlawful for anyone to activate any police or fire alarm system for the purpose of summoning Police or Fire Department personnel, except in the event of what is reasonably believed to be an unlawful act likely to produce great bodily harm, and/or an unauthorized entry into any building, structure or facility and/or a fire emergency.

(1973 Code, § 4-10.04) (Ord. 771, eff. 4-21-1982) Penalty, see § 10.99

1. 1. Any user of an alarm device or alarm system which produces 3 or more false alarms within a 90day period shall pay a fee to the city at the following rates.

      1. First false alarm: Officer shall warn of the provisions of this chapter.

      2. Second false alarm: No fee; letter of warning shall be issued.

      3. Third false alarm within 90 days of the first alarm: A fee of $50 shall be charged.

      4. Fourth false alarm within 90 days of the first alarm: A fee of $100 shall be charged.

   2. The fees shall be due and payable within 15 days after receiving notices of violations.

2. In the event the supplier of emergency services receives 5 or more false alarms from 1 alarm device or alarm system within a 90-day period, the Police Department shall notify in writing the user within 15 days after the last false alarm and shall disconnect or cause to be disconnected the alarm system and alarm device for a period of not less than 90 days.

3. In the event 5 or more false alarms are relayed to a supplier of emergency services within a 90-day period by a telephone answering service or a central alarm station arising out of any single alarm device or alarm system, the user and the telephone answering service or the owner of the central alarm system shall be jointly and severally liable in the sum of $100 for the fifth occurrence and each occurrence thereafter. With the consent of the Police Department, the fee, or any part thereof, may be waived if the

user of the alarm system or alarm device and the telephone answering service or the owner of the central alarm station voluntarily disconnect and render inoperative the alarm system or alarm device for a period of not less than 90 days.

(1973 Code, § 4-10.05) (Ord. 771, eff. 4-21-1982)

1. All alarm devices and alarm installations within any alarm system shall be subject to disconnection in the event that reimbursement costs attributed to false alarms from elements of the system remain unpaid for a period of 30 days. The disconnection may be ordered by any supplier of emergency services with unpaid reimbursement costs upon 15 days' written notice.

2. Any alarm system ordered disconnected pursuant to division (A) above shall not be reconnected until all outstanding reimbursement costs have been paid in full.

(1973 Code, § 4-10.06) (Ord. 771, eff. 4-21-1982)

Upon written notification by the Police Department, any telephone answering service or central alarm system owner shall immediately disconnect or render inoperative the alarm system or alarm device when any of the following has occurred:

1. The alarm system or alarm device has produced 5 or more false alarms within any 90-day period; or 2. The user of an alarm system or alarm device has failed to pay any charge pursuant to this chapter.

(1973 Code, § 4-10.07) (Ord. 771, eff. 4-21-1982)

The determination of any false alarm may be appealed by the alarm user by a written request to the Chief of Police and/or Fire Chief who shall thereafter, within 5 days after receiving the request, set a hearing and give notice thereof by first-class United States mail, deposited in the post office at least 48 hours before the hearing. The user may appear at the hearing and testify if he or she desires. Within 48 hours after the hearing is concluded, the Chief of Police and Fire Chief shall issue a written statement of their decision, which shall be final, and a copy shall be mailed first-class United States mail to the alarm user.

(1973 Code, § 4-10.08) (Ord. 771, eff. 4-21-1982)

1. The provisions of this subchapter are adopted in the interests of the public welfare to establish certain traffic controls and regulate the speed limits, the parking areas and the hours of operation of the real property owned by the city and leased by the city to the Auburn Recreation Park and Parkway District.

2. The property is commonly known as Recreation Park, shall be referred to in this chapter as Recreation Park and is more particularly described as follows: All that certain real property situated in the City of Auburn, County of Placer, State of California, described as:

   1. Parcel 1 . A part of the north one-half of the southwest quarter of Section 15, Township 12 north, Range 8 east, Mount Diablo Base and Meridian, described by Cooley's Survey as commencing at the southwest corner of the north ½ of the southwest one-quarter of Section 15; thence east

684.7 feet to a stake; thence north 4°30' west 1110.8 feet to a stake at the northwest corner of what was formerly F.A. Elder's lot; thence north 55°30' east, 3755 feet to the Auburn townsite line; thence west along the townsite line 76.1 feet to a stake; thence south 53°49' west 333.4 feet to a stake; thence south 89°14' west 567.5 feet to the west line, 1110.5 feet to the place of beginning, containing 16.64 acres of land.

2. Parcel 2 . All that part of the southwest one-quarter of Section 15, Township 12 north, Range 8 east (SW 1/4 of S.W. 1/4 SEC. 15, T. 12 N.R. 3 E. M. D. B. & M.) that lies north and west of the railroad tracks of what is called the Central Pacific Railroad, now operated by the Southern Pacific Company, a corporation, and containing 7 acres of land, more or less.

(1973 Code, § 10-1.01) (Ord. 412, eff. - -)

It shall be unlawful for any person to drive any motor vehicle in excess of 10 mph upon any portion of Recreation Park.

(1973 Code, § 10-1.02) (Ord. 412, eff. - -) Penalty, see § 101.999

All vehicular traffic on the circular road around the portion of Recreation Park which contains the James Athletic Field and the picnic and playground area shall be so restricted by the placement of a barricade that the road will become a dead-end street from each direction. The barricade shall be erected at the cost of the Auburn Recreation Park and Parkway District in a manner and at a location to be established by the Police Chief where the barricade will best provide for the safe control of the persons and vehicles using the roadway.

(1973 Code, § 10-1.03) (Ord. 412, eff. - -)

All entrances and exits to Recreation Park, except for maintenance and emergency vehicles, shall be closed and all entry by foot and vehicular traffic to Recreation Park shall be prohibited between the hours as the Board of Directors of the Auburn Recreation Park and Parkway District shall, by resolution, establish for the protection of the public and the best operation of the facilities therein.

(1973 Code, § 10-1.04) (Ord. 412, eff. - -)

Parking areas for the proper and safe handling of traffic and parking thereon shall be designated by the Board of Directors of the Auburn Recreation Park and Parkway District by resolution. It shall be unlawful for any person to park other than in such designated parking areas after they have been so designated.

(1973 Code, § 10-1.05) (Ord. 412, eff. - -)

An arterial stop sign shall be erected at the intersection of Craig and Racetrack Streets and all traffic east bound on Racetrack Street shall thereafter come to a full stop before proceeding.

(1973 Code, § 10-1.06) (Ord. 412, eff. - -)

The Superintendent of Streets shall properly sign and post Recreation Park in accordance with the regulations set forth in this chapter, except that the cost and placement of signs designating parking areas shall be at the expense and direction of the Auburn Recreation Park and Parkway District.

(1973 Code, § 10-1.07) (Ord. 412, eff. - -)

101 Trees, Shrubs And Plants (Sections 101.020-101.035) 101.020 Definitions 101.021 Approved List 101.022 Approved List; Amendments Authorized 101.023 Official Trees; Designation 101.024 Planting, Maintenance And Removal; Permits; Required; Deposits; Bonds 101.025 Planting, Maintenance And Removal; Supervision 101.026 Planting, Maintenance And Removal; Interference 101.027 Planting, Maintenance And Removal; Agreements 101.028 Spacing 101.029 Attachments 101.030 Protection 101.031 Intentional Damages 101.032 Subdivisions 101.033 Limitations And Prohibitions 101.034 Hazards; Removal; Liability 101.035 Public Nuisances

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

OWNER . The legal owner of the real property fronting upon the streets in the city.

PARKWAY . The portion of a public or private street lying between the face of the curb (or the edge of pavement if there is no curb) and a line which is (i) parallel to the curb (or edge of pavement) which lies that distance from the curb (or edge of pavement) specified in the Standard Specifications of the City of Auburn as most recently promulgated by the Auburn Public Works Department and (ii) closer to the center of the property than the curb (or edge of pavement). If existing improvements on or adjacent to the property in question are such that a narrower or wider parkway is appropriate, then the parkway shall be an area designated by the City Engineer that is consistent with those existing improvements.

TREE . The trees, plants or shrubs.

(1973 Code, § 10-2.01) (Ord. 419, eff. - -; Am. Ord. 06-3, eff. 4-26-2006)

Trees approved for planting along the streets of the city, as specified in § 101.023, are those specified in the Standard Specifications of the City of Auburn as most recently promulgated by the Auburn Public Works Department.

(1973 Code, § 10-2.02) (Ord. 419, eff. - -; Am. Ord. 06-3, eff. 4-26-2006)

Section 101.021 sets forth only a partial list of approved trees and the list may be added to, revised and amended at any time by resolution of the Council.

(1973 Code, § 10-2.03) (Ord. 419, eff. - -)

1. The Superintendent of Streets is hereby authorized and directed to designate existing trees as official trees where the trees, in the opinion of the Superintendent of Streets, fulfill the following criteria:

   1. The trees and root system are not diseased or vulnerable to disease in the area;

   2. The root system is adequate to support the trees during windstorms of intensities recorded in past years;

   3. The tree roots are not extremely damaging to curbs and sidewalks; and

   4. Over 50% of the street frontage is planted with 1 species.

2. No tree shall be planted in any parkway until an official tree has been designated by the Superintendent of Streets. If, in the opinion of the Superintendent of Streets, the trees along any street do not fulfill the criteria set forth in this section, the Superintendent of Streets shall designate one of the approved trees set forth in § 101.021 as the official tree for the street. An official tree shall be designated by the Superintendent of Streets for each street.

(1973 Code, § 10-2.04) (Ord. 419, eff. - -)

1. The approved planting methods and procedures for trees along city streets and within parkways shall be as specified in the Standard Specifications of the City of Auburn as most recently promulgated by the Auburn Public Works Department.

2. Maintenance. Parkway maintenance shall be provided as required by § 158.228.

3. No person shall remove, cut, trim, prune, plant, injure or interfere with any tree upon any street, park or public place in the city without a permit therefor from the Superintendent of Streets. The Superintendent of Streets is hereby authorized to grant permission, in his or her discretion, to any owner or authorized representative to remove, at his or her own expense, and, at the discretion of the Superintendent of Streets, shall require the owner or authorized representative to bear the costs of replanting any tree.

4. The permit shall become and be void unless the work is commenced within 30 days after the date of the issuance of the permit. The removal shall be prosecuted diligently to completion before the expiration of 60 days after the date of the issuance of the permit.

5. In the event the work called for under the permit is not completed within the time specified in this section, the Superintendent of Streets, at his or her discretion, may extend the time for the completion as may best serve the interests of the city.

6. The Superintendent of Streets may, at his or her discretion, require the posting of a cash deposit or bond in an amount as he may deem sufficient to secure the completion of the work, to indemnify the city against any damages to public property arising from the exercise of the rights granted under the permit, and to include the costs of inspection.

(1973 Code, § 10-2.05) (Ord. 419, eff. - -; Am. Ord. 06-3, eff. 4-26-2006)

It shall be the duty of the Superintendent of Streets to supervise the planting, trimming, pruning, maintenance and care of all trees located in parkways and to supervise the removal of all objectionable trees in and upon any parkways in the city. The branches and leaves of all trees in parkways shall be so trimmed and pruned that there shall be at least 7 feet clear space between the surface of the sidewalk and the overhanging leaves of branches.

(1973 Code, § 10-2.06) (Ord. 419, eff. - -)

No person shall interfere with the Superintendent of Streets or persons acting under his or her authority while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree on any street of the city, or in removing any stone, cement or other substance from around the trunk of any tree on any such street.

(1973 Code, § 10-2.07) (Ord. 419, eff. - -) Penalty, see § 101.999

Any person maintaining any overhead wires, pipes or underground conduits along or across any street, park, boulevard, alley or public place of the city or owning any property abutting upon any street, park or public place of the city desiring to have any tree cut, trimmed, pruned or removed may file with the Superintendent of Streets a written request that the work be done. The request shall describe the work desired to be done. It shall be within the discretion of the Superintendent of Streets to require a written agreement upon the part of the petitioner to pay the costs thereof and to do the work in the manner stipulated by the Superintendent of Streets before the issuance of any permit therefor.

(1973 Code, § 10-2.08) (Ord. 419, eff. - -)

If trees are to be removed or replanted, or if trees are to be planted in a parkway where trees have not been planted previously, the location for the planting of new trees shall be designated by the Superintendent of Streets and shall be at or near the center of each lot or parcel under one ownership provided the frontage of the lot or parcel is not less than 40 feet nor more than 60 feet. The Superintendent of Streets shall determine the spacing of trees for lots or parcels having less than 40 feet or more than 60 feet of street frontage.

(1973 Code, § 10-2.09) (Ord. 419, eff. - -)

No person shall attach or keep attached to any tree, or to the guard or stake intended for the protection thereof, in any street, park, pleasure ground, boulevard or other public place in the city any wire, rope, sign or other device whatsoever without the permission of the Superintendent of Streets. It shall be unlawful to plant or permit to grow any vines or other plantings which would interfere with the growth or maintenance of parkway trees.

(1973 Code, § 10-2.10) (Ord. 419, eff. - -) Penalty, see § 101.999

During the erection, repair, alteration or removal of any building, house or structure in the city, the person in charge of the work shall protect any tree in any street, park, boulevard or public place in the vicinity of the building or structure with sufficient guards or protectors to prevent injury to the tree arising out of, or by reason of, the erection, repair, alteration or removal.

(1973 Code, § 10-2.11) (Ord. 419, eff. - -) Penalty, see § 101.999

1. No person shall cause, authorize or procure any brine water, oil, liquid dye or other substance deleterious to tree life to lie, lead, pour, flow or drip upon or into the soil around the base of any tree in any street, park or public place in the city, or onto any sidewalk, gutter, road or pavement in the city at a point from which the substance may be lying, or by flowing, dripping or seeping into the soil injure the tree or otherwise harm or kill any such tree.

2. No person shall place or maintain any stone, cement or other substance so that it shall impede the free access of water or air to the roots of any tree in any street, park or public place in the city without the approval of the Superintendent of Streets.

(1973 Code, § 10-2.12) (Ord. 419, eff. - -)

1. A condition of approval may be imposed on any land division pursuant to Chapter 158 of this code to require the subdivider to pay for tree planting along the parkways of any new subdivision as required by this code.

2. All trees planted in any parkway in a new subdivision shall be in accordance with the City of Auburn Standard Specifications as most recently promulgated by the Auburn Public Works Department and shall be paid for by the subdivider.

(1973 Code, § 10-2.13) (Ord. 419, eff. - -; Am. Ord. 06-3, eff. 4-26-2006)

1. Willow, cottonwood and poplar trees .

1. It shall be unlawful to plant willow, cottonwood or poplar trees anywhere in the city unless approved by the Superintendent of Streets.

2. The approval shall only be for sites where the tree roots will not interfere with a public sewer.

3. Blackberries . The growing of blackberries within the city shall be under the strict control of the owner and shall not invade any other property, partition, fence, structure or building.

4. Obnoxious weeds and trees; scotch broom . The growing of any obnoxious weed or tree shall be prohibited and it is hereby declared that scotch broom of any type is an obnoxious weed and shall not be permitted to be grown within the city.

(1973 Code, § 10-2.14) (Ord. 419, eff. - -)

1. The Superintendent of Streets may inspect any tree upon any street, park, alley or public place of the city or any tree standing on any private property which overhangs or projects into any street, park, alley or portion thereof to ascertain if the tree is in such condition as to constitute a hazard or an impediment to the progress or vision of anyone traveling on the street, park, alley or public place, or impedes or interferes with the growth of trees located in parkways.

2. If, in the opinion of the Superintendent of Streets, any such tree is hazardous to the traveling public or impedes or interferes with the growth of any tree in any parkway, the Superintendent of Streets may cause such parts thereof as are hazardous or an impediment to be trimmed so as to remedy the condition.

3. Nothing contained in this section shall be deemed to impose any liability upon the city or its officers or employees, nor to relieve the owner of private property from the duty to keep any tree upon his or her property or under his or her control in a condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, alley or public place in the city or an impediment or interference to the growth of any tree located in any parkway.

(1973 Code, § 10-2.15) (Ord. 419, eff. - -)

Any tree growing in a parking strip or in any public place or on private property, which tree is endangering, or in any way may endanger, the security or usefulness of any public street, sewer or sidewalk, is hereby declared to be a public nuisance.

(1973 Code, § 10-2.16) (Ord. 419, eff. - -)

101 Bicycles (Sections 101.050-101.067) 101.050 Riding On Roadways And Bicycle Lanes

Every person operating a bicycle upon a roadway shall ride as near to the right-hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. Persons riding bicycles upon a roadway shall not ride more than 2 abreast, except on lanes or parts of roadways set aside for the exclusive use of bicycles.

(1973 Code, § 10-3.01) (Ord. 654, eff. 9-26-1974)

The operator of a bicycle emerging from an alley, driveway, bicycle path, building or otherwise, approaching upon a sidewalk or a sidewalk area extending along any such area, shall yield the right-of-way to all pedestrians approaching on the sidewalk or sidewalk area, and, upon entering a bicycle lane, shall yield the right-of-way to all bicycles approaching on the lane, and, upon entering the roadway, shall yield the right-ofway to all vehicles or bicycles approaching on the roadway.

(1973 Code, § 10-3.02) (Ord. 654, eff. 9-26-1974)

No person shall ride or operate a bicycle upon a roadway adjacent to which or upon which bicycle lanes have been designated, except within the bicycle lane or except as otherwise permitted by the provisions of this subchapter. No person shall ride or operate a bicycle upon a roadway adjacent to which there is a bicycle path which parallels the roadway and which bicycle path, when measured from the edge of the roadway to the edge of the bicycle path nearest the roadway, is not more than 75 feet distant, except within the bicycle path or except as otherwise permitted by the provisions of this subchapter.

(1973 Code, § 10-3.03) (Ord. 654, eff. 9-26-1974)

Upon approaching an intersection, any person riding or operating a bicycle in a bicycle lane shall yield the right-of-way to all vehicles within or approaching the intersection, except that all vehicles which must stop before entering an intersection because of a stop sign and all vehicles making a left- hand turn at an intersection shall not proceed into the intersection nor make such a turn without first yielding the right-of-way to all bicycles within or approaching the intersection and shall proceed only when it is safe to do so.

(1973 Code, § 10-3.04) (Ord. 654, eff. 9-26-1974)

No person shall drive a vehicle upon or across a bicycle path or lane, except to enter a driveway and except to park the vehicle or leave a parking space. No person shall drive upon or across a bicycle lane, as permitted by this section, except after giving the right-of-way to all bicycles within the lane.

(1973 Code, § 10-3.05) (Ord. 654, eff. 9-26-1974) Penalty, see § 101.999

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

BICYCLE LANE . The portion of a roadway set aside for the use of bicycles and so designated as provided in § 101.063.

BICYCLE PATH . A pathway for bicycles and pedestrians paralleling a roadway, the side of the bicycle path closest to the roadway being not more than 75 feet distant from the roadway. Persons riding bicycles upon the pathways shall be subject to the provisions of § 101.051.

(1973 Code, § 10-3.06) (Ord. 654, eff. 9-26-1974)

No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.

(1973 Code, § 10-3.08) (Ord. 654, eff. 9-26-1974) Penalty, see § 101.999

No person riding upon any bicycle shall attach the bicycle or himself or herself to any vehicle upon a roadway.

(1973 Code, § 10-3.09) (Ord. 654, eff. 9-26-1974) Penalty, see § 101.999

1. No person shall ride a bicycle upon a sidewalk within the Central Traffic District.

2. The Traffic Engineer, with the approval of the Traffic Committee, is hereby authorized to erect or place signs in any other district on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person and when the signs are in place no person shall disobey the signs. Before such a sign is erected or placed, it shall be found by the Traffic Committee:

   1. The riding of bicycles on such sidewalk or roadway will endanger pedestrian traffic or the public safety; or

   2. A property right of interest belonging to the city may be terminated or forfeited if the riding of bicycles on the sidewalk or roadway is not prohibited.

3. Whenever any person is riding a bicycle upon a sidewalk, the person shall yield the right-of- way to any pedestrian and shall give an audible signal before overtaking and passing the pedestrian.

(1973 Code, § 10-3.10) (Ord. 654, eff. 9-26-1974) Penalty, see § 101.999

1. No person riding or operating a bicycle in the city shall carry another person on the bicycle unless the person or passenger is seated upon an individual seat or carrier separate from that intended to be used by the operator.

2. No person shall ride upon a bicycle as a passenger unless he or she is seated upon an individual seat or carrier separate from that intended to be used by the operator.

(1973 Code, § 10-3.11) (Ord. 654, eff. 9-26-1974) Penalty, see § 101.999

Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type which shall be visible from all distances from 50 feet to 300 feet to the rear when directly in front of the lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

(1973 Code, § 10-3.12) (Ord. 654, eff. 9-26-1974) Penalty, see § 101.999

Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level and clean pavement.

(1973 Code, § 10-3.13) (Ord. 654, eff. 9-26-1974) Penalty, see § 101.999

If a bicycle lane is separated from the traffic lane by a parking lane, then the edge of the bicycle lane nearest the center of the roadway shall be deemed the equivalent of the "curb" or the "right-hand side of the roadway" or the "shoulder of the roadway" or any other word or phrase which references the extreme right-hand side of the roadway. It is the intent of this section that a substitute right-hand side of the roadway be created for the purposes of compliance with local and state laws which reference the right-hand side of the roadway for parking, emergency parking, driving and other purposes.

(1973 Code, § 10-3.14) (Ord. 654, eff. 9-26-1974)

The Traffic Engineer, upon the approval of the Traffic Committee, is hereby authorized to erect or place signs upon any street or adjacent to any street in the city indicating the existence of a bicycle lane and otherwise regulating the operation and use of vehicles and bicycles with respect thereto, so long as the signs are consistent with the provisions of this chapter. Before the signs are erected, the subject bicycle lane shall be designated on the street by a raised curb, appropriate painting, reflectorized buttons, or in another manner as the Traffic Engineer, upon the approval of the Traffic Committee, shall determine will provide sufficient notice of the existence of the bicycle lane. When the signs are in place, no person shall disobey the signs. Before the signs are erected or placed, it shall be found by the Traffic Committee that, without the establishment of a bicycle lane separated from a vehicle lane, the public is endangered.

(1973 Code, § 10-3.15) (Ord. 654, eff. 9-26-1974)

No person shall ride or operate a bicycle upon a roadway adjacent to which or upon which bicycle lanes have been designated, except within such bicycle lanes or except as otherwise permitted by the provisions of this subchapter. No person shall ride or operate a bicycle upon a roadway paralleling a bicycle path which, when

measured from the edge of the roadway to the edge of the bicycle path nearest the roadway, is not more than 75 feet distant, except within the bicycle path or except as otherwise permitted by the provisions of this chapter.

(1973 Code, § 10-3.16) (Ord. 654, eff. 9-26-1974) Penalty, see § 101.999

No person shall ride or operate a bicycle within a bicycle lane in any direction, except that permitted for vehicular traffic traveling on the same side of the roadway; provided, however, bicycles may proceed either way along a lane where arrows appear on the surface of the lane designating 2-way traffic.

(1973 Code, § 10-3.17) (Ord. 654, eff. 9-26-1974) Penalty, see § 101.999

Once having entered a bicycle lane, no person riding or operating a bicycle shall leave the lane except at intersections; provided, however, the person may leave a bicycle lane upon dismounting from a bicycle, walking the bicycle and being subject then to all the laws applicable to pedestrians; and provided, further, the person may leave the bicycle lane between intersections in order to make a U-turn, where such a turn is permissible for vehicular traffic, or to turn into a driveway on the right- or left-hand side of the bicycle lane. Upon leaving a bicycle lane, the rider or operator of the bicycle shall yield the right-of-way to all vehicles and shall not leave the bicycle lane until it is safe to do so.

(1973 Code, § 10-3.19) (Ord. 654, eff. 9-26-1974) Penalty, see § 101.999

Bicycles may be walked subject to all the provisions of law applicable to pedestrians.

(1973 Code, § 10-3.20) (Ord. 654, eff. 9-26-1974)

101 City Parks, Recreational Areas And Public Space (Sections 101.070-101.999)

1. Adoption by resolution . The City Council may establish by resolution, rules and regulations governing use and operation of city parks, recreational areas and public spaces (collectively, "recreational facilities").

2. Penalties and enforcement . Copies of such rules and regulations shall be posted at each recreational facility, and following such posting violation of any posted rule shall constitute a misdemeanor and be subject to the penalties provided in Chapter 10 of this Code.

(Ord. 08-07, eff. 8-13-2008)

It is unlawful to brandish or carry any dangerous or deadly weapon in City parks and recreational areas.

For the purposes of this section, "dangerous or deadly weapon" means any dirk or dagger; any knife or sword with a blade exceeding three inches in length; any snap-blade, spring-blade, or push-button knife regardless of blade length; any ice pick or similar sharp stabbing tool; and/or any straight-edge razor or any razor blade fitted to a handle.

HISTORY

Adopted by Ord. 19-04 on 7/8/2019 101.072 City Parks And Recreational Areas Exclusion

Any police officer, code enforcement officer, or other City employee designated by the City Manager may exclude any person who, while present in a City park or recreational area, violates any applicable ordinance, statute, posted rule or regulation, or city policy after being put on notice of the same. Such exclusions will be as prescribed below:

(A) A single infraction of park rules or regulations or ordinances: one day; (B) For the second violation of park rules or regulations or ordinances, or an arrest for a nonviolent crime (e.g., public intoxication), within the past year: 30 days; (C) For the third and all subsequent violations of park rules or regulations or ordinances, or a second arrest for a nonviolent crime (e.g., drug possession), within the past year: 90 days; (D) For the third and all subsequent arrests for a nonviolent crime within the past year, or an arrest for a violent crime: 12 months.

Exclusions cover all City parks and recreational areas regardless of the location of the incident. Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions unless that person is also committing acts that are not protected that violate a specific provision of the law that would allow for exclusion.

HISTORY

Adopted by Ord. 19-04 on 7/8/2019 101.073 Notice And Appeal Of Exclusion

(A) The City shall give written notice to any person excluded from City parks and recreational areas under section 101.072 of this code. The notice shall include:

(1) The date the exclusion begins; (2) The duration of the exclusion; (3) The offending conduct leading to the exclusion; (4) The right to appeal the exclusion; (5) The penalties for failure to comply; and (6) The signature of the issuing police officer, code enforcement officer, or City employee. (B) Any exclusion shall begin immediately upon the issuance of the exclusion notice and end at noon on the day following the end of the exclusion.

(C) A person who has received a notice under subdivision (A) of this section may appeal, in writing, to the Chief of Police or his or her designee for a waiver or modification of the exclusion for good cause. Upon review by the Chief of Police or his or her designee, the exclusion shall be upheld if the exclusion notice includes information indicating that more likely than not, the person committed the violation and if the exclusion is

otherwise in accordance with the law. The Chief of Police or his or her designee shall have authority to modify the terms of the exclusion for good cause. The decision of the Chief of Police or his or her designee shall be final.

(D) The City shall maintain a database of all persons excluded under this section.

(E) No person subject to the exclusion notice shall enter or remain in any City park or recreational area at any time during the period indicated by the exclusion notice.

HISTORY

Adopted by Ord. 19-04 on 7/8/2019 101.999 Penalty

Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

102 CAMPING

102.01 Findings And Purpose 102.02 Definitions 102.03 Unlawful Camping

102.04 Storage Of Personal Property On Public And Private Property

102.05 Exceptions

102.99 Penalty

102.01 Findings And Purpose

1. The streets and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the right of others to use the areas for which they were intended. The activity can constitute a public health and safety hazard that adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the city.

2. The purpose of this chapter is to maintain streets, parks, and other public and private areas within the city in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.

(Ord. 04-2, eff. 5-24-2004)

102.02 Definitions

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

CAMP . To establish, place, pitch, occupy, or operate camp facilities; live temporarily in a camp facility or outdoors; use camp paraphernalia.

CAMPER . A structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes.

CAMP FACILITIES . This term includes, but is not limited to, tents, huts, mobile homes, recreational vehicles, or temporary shelter.

CAMP PARAPHERNALIA . This term includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.

ESTABLISH . Setting up or moving equipment, supplies, or materials on to public or private property to camp or operate camp facilities or camp paraphernalia.

HUMAN HABITATION . The intentional establishment of a temporary or permanent place of human occupancy for purposes of overnight lodging or camping.

MAINTAIN . Keeping or permitting equipment, supplies, or materials to remain on public or private property in order to camp or operate camp facilities.

MOBILE HOME . A structure as defined in Cal. Health and Safety Code § 18008.

OPERATE . Participating or assisting in establishing or maintaining a camp or camp facility.

PARK . A piece of ground in or near a city or town kept for ornament and recreation; an area maintained in its natural state as a public property.

PERSONS . Persons, organizations, associations, partnerships, firms and corporations.

PRIVATE PROPERTY . All private property including, but not limited to, streets, sidewalks, alleys, parking lots, and improved or unimproved land.

PUBLIC PROPERTY . Any public property, either improved or unimproved, including, but not limited to, any park, street, sidewalk, avenue, alley, or other public way or right-of-way, and public parking lots.

RECREATIONAL VEHICLE . A motor home, trailer, camper or similar structure as defined in Cal. Health and Safety Code § 18010.

STORE . To put aside or accumulate for use when needed; to put for safekeeping; to place or leave in a location.

STREET . Any public highway, road, street, avenue, way, alley, easement or right-of-way.

TRAILER . A structure designed to be drawn by a motor vehicle for human habitation or human occupancy and for carrying persons or property on its own structure.

(Ord. 04-2, eff. 5-24-2004; Am. Ord. 17-13, passed 10-23-2017)

102.03 Unlawful Camping

1. It is unlawful and public nuisances for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:

   1. Any public property; or

   2. Any private property.

2. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents, the overnight camping is limited to not more than three consecutive nights, and the overnight camping does not conflict with Chapter 156 of this code. Upon a request from an enforcement officer or a peace officer, a person shall provide written proof within 48-hours of such request that the property owner has consented to the overnight camping as required by this division.

3. Nothing in this chapter is intended to prohibit or make unlawful activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes, and provided further nothing is intended to prohibit or make unlawful activities of a property owner or other lawful user of the activities that are expressly authorized by the city's comprehensive zoning ordinance or other laws, ordinances, and regulations.

(Ord. 04-2, eff. 5-24-2004; Am. Ord. 17-13, passed 10-23-2017; Am. Ord. 18-13, eff. 10-8-2018) Penalty, see § 102.99

102.04 Storage Of Personal Property On Public And Private Property

It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the City Council:

1. On any public property; and

2. On any private property, without the consent of the owner.

(Ord. 04-2, eff. 5-24-2004; Am. Ord. 17-13, passed 10-23-2017) Penalty, see § 102.99

102.05 Exceptions

The provisions of this chapter shall not apply to any regularly scheduled activities sponsored by the city, any political subdivision of the state, or special district, or any activities being held on land owned or controlled by the city, political subdivision of the state, or special district.

1. The Police Chief may issue a temporary permit to allow camping or the use or occupancy of a camper, house car, mobile home, recreational vehicle or trailer coach on or in public or private property in connection with a special event or when he or she finds that such use is necessary for the operation and protection of city property.

2. The permission granted by the Police Chief may be revoked at any time.

(Ord. 04-2, eff. 5-24-2004; Am. Ord. 17-13, passed 10-23-2017)

102.99 Penalty

A violation of any section of this chapter is a misdemeanor and punishable according to § 10.99 of this code. In addition to the remedies set forth in the Cal. Penal Code § 370, the City Attorney may institute civil actions to abate any public nuisance created by any violation under this chapter.

(Ord. 04-2, eff. 5-24-2004)

103 GARAGE OR YARD SALES 103.01 Definition 103.02 Permitted Garage Or Yard Sales 103.03 Enforcement 103.99 Penalty

103.01 Definition

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

GARAGE OR YARD SALE . Any sale that is conducted for the purpose of disposing of unwanted or surplus household belongings or personal property, including estate sales and estate auctions. A GARAGE SALE or YARD SALE are those sales either conducted in conjunction with a garage, carport or residence, or conducted in the front, side or rear yard area of a property.

(Ord. 05-8, eff. 8-8-2005)

103.02 Permitted Garage Or Yard Sales

It shall be permissible to conduct a garage sale or yard sale within all residential zone districts or within any zone district permitting a residential use. Such sales must be conducted either by the owner or resident of the property where the sale is conducted, subject to the following limitations:

1. No garage sale or yard sale shall be conducted on the same property for more than 3 consecutive days;

2. No more than a total of 4 garage sales or yard sales shall be conducted on the same property within any calendar year;

3. Any garage sale or yard sale shall be conducted only during daylight hours; and

4. Any items for sale shall be displayed or placed only on the property where the sale takes place and shall be removed from public view upon conclusion of the sale.

(Ord. 05-8, eff. 8-8-2005) Penalty, see § 103.99

103.03 Enforcement

The Planning Director, or his or her designee, shall enforce the provisions of this chapter.

(Ord. 05-8, eff. 8-8-2005)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 103.99 Penalty

Any person violating any of the provisions of this chapter shall be guilty of an infraction, and subject to a fine as set forth by resolution of the City Council. Any person violating any of the provisions of this chapter for a third time, or more, within a 1-year period, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

(Ord. 05-8, eff. 8-8-2005)