Colma Municipal Code Ch. 2 Detailed Table of Contents – Prohibited Activities Colma Municipal Code

(December 2020) Page 3 of 3

CHAPTER TWO: PROHIBITED ACTIVITIES

Subchapter 2.01: Property Maintenance and Nuisance Abatement

Division1.General

The ordinance codified in this subchapter may be referred to and cited as the Property Maintenance and Nuisance Abatement Ordinance of the Town of Colma.

[History: formerly § 1.11.110; ORD. 494, 9/11/96; ORD. 638, 12/14/05]

The City Council finds that:

(a) The following amendments to Subchapter 2.01, Chapter 2 of the Colma Municipal Code, are enacted under Government Code Sections 36900-36901 and 53069.4;

(b) The administrative citation process added to this subchapter, which is set forth in Division 2, shall be in addition to all other legal remedies, civil or criminal, available to the Town to address a violation of the Colma Municipal Code;

(c) The administrative citation process in this subchapter may be used to enforce any violation of the Colma Municipal Code. The use of the process is at the sole discretion of the Town; and

(d) Enforcement of the Colma Municipal Code and applicable federal and state laws throughout the Town is vital to protection of the public’s health, welfare, safety and quality of life, and essential to the sizeable public investment the City Council has made and will continue to make throughout the community. Enforcement starts with the drafting of precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings, continues with efforts at achieving voluntary compliance with applicable laws and regulations, and culminates in the pursuit of judicial and administrative remedies.

[History: formerly § 1.11.120, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

(a) It is the policy of the City Council to enforce all federal, state and municipal laws, rules and regulations to protect the general public health, safety and welfare without discrimination against or in favor of any person who makes a complaint or who is the subject of a complaint, based on race, religion, color, creed, national origin, sex, sexual orientation, marital status, age, or on any sensory, mental or physical disabilities, or because of a relationship to any public official.

(b) The emphasis of the Town's code enforcement program shall be to abate life, health and safety issues, to require proper maintenance of properties, and to seek compliance with

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-1

conditions in discretionary land use approvals. Alleged violations brought to the attention of staff shall be investigated quickly and shall be resolved fairly and equitably.

(c) This policy statement is directory, not mandatory.

[History: formerly § 1.11.130, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

The purpose and intent of the regulations contained herein are as follows:

(a) To define as public nuisances and violations those conditions which constitute visual blight or which could result in conditions which are harmful or deleterious to the public health, safety and welfare;

(b) To develop regulations that will promote the sound maintenance of property and the enhancement of the livability, community appearance, and the social, economic and environmental conditions of the community;

(c) To ensure that all property improvements and land and other uses permitted by the Town pursuant to the Colma Municipal Code, are maintained in compliance with all applicable laws, rules and regulations, and, where applicable, within the parameters of the applicable land use entitlement and conditions of approval;

(d) To establish guidelines and procedures for the abatement of nuisances in a manner that affords due process and procedural guarantees to affected property owners and tenants;

(e) To provide for the administration and enforcement of the Colma Municipal Code through an administrative process where possible; and

(f) To recover Town costs incurred in the abatement of violations.

[History: formerly § 1.11.140, ORD. 494, 9/11/96; ORD. 601, 6/25/03; ORD. 630, 5/11/2005; ORD. 638, 12/14/05]; ORD. 658, 6/13/07; ORD. 710, 9/12/12]

As used in this Subchapter:

Public nuisance includes anything which is declared by the City Council to be or likely to become injurious to health or safety or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstruct the free passage, accessibility, or use, in the customary manner, of any public park, square, street or highway; and includes a condition of visual blight. Enumeration of such nuisances in Section 2.01.060 shall not be deemed exclusive.

Visual blight means any unreasonable or unlawful condition or use of premises or of building exterior which by reason of its appearance as viewed from public street or from neighboring premises, is detrimental to the property of others.

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-2

[History: formerly § 1.11.150, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

It is a public nuisance for any person owning, leasing, renting, occupying or having charge of any property within the city to allow on such property or maintain any one or more of the following conditions or activities:

(a) Land in such topography, geology or configuration (whether in natural state or as a result of grading operations, excavation or fill) which causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;

(b) Buildings or other structures which are abandoned, partially destroyed, partially constructed or allowed to remain unreasonably in a state of partial construction;

(c) The failure to close, by means acceptable to the Code Enforcement Officer, all doorways, windows and other openings into vacant structures;

(d) Buildings, walls, fences, driveways, sidewalks, walkways, parking areas or other improvements to real property which are so defective, unsightly, deteriorated or in disrepair that the same causes depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvements;

(e) Broken windows constituting hazardous conditions or inviting trespassers and malicious mischief;

(f) Overgrown vegetation that is:

(1) Likely to harbor rats, vermin or other nuisances,

(2) Causing detriment to neighboring properties,

(3) Causing or adding to a fire hazard,

(4) Hanging over public sidewalks

(g) Dead, decayed, diseased or hazardous trees, weeds, and other vegetation:

(1) Constituting a danger to public health, safety and welfare, or

(2) Detrimental to nearby property, or

(3) Causing or adding to a fire hazard;

(h) Pools, ponds and excavations, which are not properly marked and fenced off, and could pose a danger to children or other members of the public;

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-3

(i) Neglected machinery that is not properly stored or fenced off so as to prevent illicit use by children or other members of the public;

(j) The accumulation or storage of junk, including tires, lumber, household appliances or parts thereof, inoperable vehicles, or parts thereof, furniture, sinks, toilets, cabinets or other household fixtures, equipment or parts thereof, rubbish, garbage, debris or salvage materials, which constitute a fire hazard or safety hazard and/or are stored or accumulated in such a manner as to constitute visual blight or to be visible from a public street, alley or adjoining property;

(k) Packing boxes, lumber, trash, dirt and other debris deposited for unreasonable periods either inside or outside buildings, visible from the street or nearby property which constitutes visual blight or is offensive to the senses or is detrimental to nearby property values;

(l) Heavy commercial vehicles, construction equipment or machinery of any type or description parked or stored without a permit on property where it is readily visible to the general public, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or on adjoining property;

(m) Improper maintenance of signs on property relating to uses no longer conducted or products no longer sold on property;

(n) Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage, accessibility, or use, in the customary manner, of any public park, square, street, or highway.

(o) Any property maintained in such a manner as to result in substantial amounts of gases, oil, or hazardous materials flowing onto public rights-of-way or accumulating on paved surfaces, soil, buildings, walls or fences;

(p) Property maintained so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein;

(q) Any automobile service station or automotive repair facility which has been closed, vacant or inoperative for a period exceeding sixty days;

(r) Specialty structures which have been constructed for a highly specific single use only, and which are not enclosed or shielded, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair, for over one year, such as, but not limited to: greenhouses, tanks for gas or liquid, lateral support structures and bulkheads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and tower, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high-rise freestanding chimneys and smokestacks, recreational structures such as tennis courts and cabanas, and all other specialty structures not listed in this subsection but determined to be a specialty structure by the city;

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-4

(s) Presence of abandoned, dismantled, wrecked or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof, except:

(1) When completely enclosed within a building in a lawful manner where it is not
visible from the street or other public or private property, or

(2) When stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(3) (Abandoned vehicles enforcement proceeding is treated in more detail in Chapter
Six, Subchapter Four of the code, and such proceeding is an alternative to, or in
conjunction with, the proceedings set forth in this subchapter.)

(t) Obstruction or encroachment of any public property, including but not limited to any street, easement, right-of-way, alley, highway, right-of-way, park, building, or other land dedicated to public use;

(u) Causing, maintaining or permitting graffiti (as that term is defined in the California Government Code): (1) to remain on exterior walls or facades of any building, fence, wall, or other structure of whatever nature; or (2) to remain upon the exterior of any motor vehicle, van or truck which is parked on public streets or driveways or is otherwise visible to the public;

(v) Storage of hazardous materials in such a manner as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;

(w) The use, in any residential zoning district or residential planned development district of the Town, of barbed wire, concertina wire, razor-cut wire or other such similar fencing material in a dangerous or unsightly fashion;

(x) Stacking or storage of any combustible material, including but not limited to wood, firewood, and any material which would increase or may cause an increase of the hazard or menace of fire, in the front yard or side yards. Stacking or storage may be done only in the rear yard at least three feet from any and all sides of a habitable building;

(y) Any condition recognized in law or in equity as constituting a public nuisance, or any condition existing on property which constitutes visual blight;

(z) A violation of any provision of, or condition of approval imposed in connection with, a lease, permit, license, franchise, agreement, certificate or other entitlement issued by the Town of Colma;

(aa) A violation of any obligation or condition set forth in any agreement recorded with the County Recorder, such as Covenants, Conditions and Restrictions (CC&R’s), for which the Town of Colma is a direct or third-party beneficiary;

(bb) A violation of any provision of applicable law, including, without limitation, the Colma Municipal Code, or any county, state or federal law. Except as otherwise provided in the Colma

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-5

Municipal Code, every act or condition prohibited or declared unlawful by this Code, and every failure or omission to act as required by this Code is a violation of this Code.

[History: formerly § 1.11.210, ORD. 494, 9/11/96; ORD. 601, 6/25/06; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

(a) Every owner of real property within the Town is required to maintain such property in a manner so as not to violate the provisions of this subchapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third-party regarding such property.

Every occupant, lessee, or holder of any interest in real property, other than as owner of that real property, is required to maintain such property in the same manner as is required of the owner by Section 2.01.070(a), and the duty imposed by Section 2.01.070(a) on the owner of that property shall in no instance relieve those persons herein referred to from that duty.

[History: formerly § 1.11.212, ORD. 494, 9/11/1996; ORD. 601, 6/25/2003; ORD. 638, 12/04/05; ORD. 710, 9/12/12]

Each condition described in Section 2.01.060 is hereby declared to be a public nuisance, subject to abatement pursuant to the procedures set forth in this subchapter, including, without limitation by rehabilitation, demolition or repair. The procedures for abatement set forth in this subchapter shall not be exclusive and shall not in any manner limit or restrict the Town from abating public nuisances in any other manner provided by law.

[History: formerly 1.11.214, ORD. 494, 9/11/96; ORD. 601, 6/25/2003; ORD. 638, 12/04/05; ORD. 710, 9/12/12]

(a) Every person who violates, creates, maintains or permits the existence of a public nuisance shall be guilty of a separate and distinct offense for each and every day, or any portion thereof, of which such public nuisance exists or is permitted to exist by such person, and shall be punishable accordingly.

(b) Every person who violates, creates, maintains or permits the existence of a violation of, Section 2.01.060 of this subchapter shall be guilty of a misdemeanor, unless the City Attorney determines that the violation should be prosecuted as an infraction, pursuant to Colma Municipal Code Section 1.05.010 et seq.

(c) The Town may assess administrative penalties in the amounts set forth in Section 1.05.020(c) or (d) of the Colma Municipal Code for every violation of Section 2.01.060 of this subchapter by issuing an Administrative Citation pursuant to the procedures set forth in this subchapter. Administrative penalties assessed by an Administrative Citation shall be payable directly to the Town of Colma, Citations c/o Finance Department, 1198 El Camino Real, Colma, CA 94014.

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-6

(d) The remedies in this ordinance shall be cumulative.

[History: formerly § 1.11.216, ORD. 494, 9/11/96; ORD. 601, 6/25/03; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

(a) The City Manager shall appoint a Code Enforcement Officer for the Town of Colma. The Code Enforcement Officer is authorized to request the assistance of the Building Official, Fire Marshal, Police Chief and any other City officials or Departments that he or she deems necessary to assist in investigations.

(b) The Code Enforcement Officer is authorized to write and issue written Administrative Citations for every violation of Section 2.01.060 of this subchapter.

[History: formerly § 1.11.218, ORD. 494, 9/11/96; ORD. 638, 12/04/05; ORD. 710, 9/12/12]

(a) The City Manager, Code Enforcement Officer, Building Official, any Colma peace officer, and any other person specifically selected by the City Manager to inspect for code violations, are each authorized to enter upon any property or premises to ascertain whether the provisions of this Code or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. Such examinations and surveys may include, without limitation, the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent of private property refuses to give permission to enter the property in order to inspect it, the Code Enforcement Officer, or other official, may seek an inspection warrant pursuant to the procedures provided for in California Code of Civil Procedure Sections 1822.50 through 1822.57.

(b) The Code Enforcement Officer shall keep an itemized report of all costs incurred by the Town to abate any public nuisance or collect any related penalties or costs so that these costs may be charged to the violator, and/or against the property in the event of nonpayment, in accordance with this subchapter.

[History: formerly § 1.11.220, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

(a) Manner of Service. The Code Enforcement Officer shall serve a Notice of Violation under section 2.01.130, an Administrative Citation under section 2.01.160, and an Administrative Hearing Officer’s Order under section 2.01.250 (collectively referred to herein as the “Notice”) on each person accused of violating this Code and on each person who occupies, leases, rents, or is in charge of the property where the violation occurred, by one of the methods set forth in the following paragraphs:

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-7

(1) Personal Delivery. A Notice may be served by personal delivery of a copy of the Notice to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a summons without such date shall be valid and effective.

(2) Leaving with Another Person at Business or Residence. If a copy of the Notice
cannot with reasonable diligence be personally delivered to the person to be served, as
specified in paragraph (a), a Notice may be served by leaving a copy of the Notice at the
person’s dwelling house, usual place of abode, usual place of business, or usual mailing
address other than a United States Postal Service post office box, in the presence of a
competent member of the household or a person apparently in charge of his or her
office, place of business, or usual mailing address other than a United States Postal
Service post office box, at least 18 years of age, who shall be informed of the contents
thereof, and by thereafter mailing a copy of the Notice by first-class mail, postage
prepaid to the person to be served at the place where a copy of the Notice were left.
Service of a Notice in this manner is deemed complete on the 10th day after the mailing.

(3) Service on Owner(s). If any owner of the affected property is not served under
paragraphs (1) or (2), the Code Enforcement Officer shall also serve a Notice on that
owner in the same manner as set forth in paragraphs (1) or (2), except that if the owner
of record after diligent search cannot be found, the Notice may be served by posting a
copy thereof in a conspicuous place upon the property for a period of 10 days and
publishing it in a newspaper of general circulation published in San Mateo County each
day on which the newspaper is published for 10 days.

(b) Personal Service on an Organization

(1) Service on Corporation. A Notice may be served on a corporation by delivering a
copy of the Notice by any of the methods prescribed by California Code of Civil
Procedure, including but not limited to the following methods:

(A) To the person designated as agent for service of process as provided by any provision in section 202, 1502, 2105, or 2107 of the Corporations Code; or

(B) To the president, chief executive officer, or other head of the corporation,
a vice president, a secretary or assistant secretary, a treasurer or assistant
treasurer, a controller or chief financial officer, a general manager or a person
authorized by the corporation to receive service of process.

(2) Service on unincorporated association, general or limited partnership. A Notice
may be served on an unincorporated association (including a partnership) by delivering
a copy of the Notice:

(A) If the association is a general or limited partnership, to the person
designated as agent for service of process in a statement filed with the Secretary
of State or to a general partner or the general manager of the partnership; or

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-8

(B) If the association is not a general or limited partnership, to the person designated as agent for service of process in a statement filed with the Secretary of State or to the president or other head of the association, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the association to receive service of process.

(3) Service on business organization, form unknown. A Notice may be served on a
business organization, form unknown, by leaving a copy of the Notice during usual office
hours with the person who is apparently in charge of the office of that business
organization, and by thereafter mailing a copy of the Notice by first-class mail, postage
prepaid, to the person to be served at the place where a copy of the Notice was left.
Service of a Notice in this manner is deemed complete on the 10th day after the mailing.
Service of a Notice pursuant to this paragraph is not valid for a corporation with a
registered agent for service of process listed with the Secretary of State.

(c) Service of Other Notices and Documents. All other notices and documents required by this subchapter to be served on a party may be served by mail to the party on whom it is to be made at the address last given by the person on a document filed with the Code Enforcement Officer. However, once a party appears in an administrative matter through an attorney, service shall be made by mail on the respondent’s attorney.

(d) Service by Mail. To serve any document by mail, the document shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, at the address specified in this Municipal Code. Service is complete at the time of the deposit.

(e) Actual Notice Not Required. The failure of any person to receive actual notice required under this paragraph shall not affect the validity of any proceedings taken under this subchapter.

(f) Proof of Service. Proof of giving any notice may be made by the certificate of any officer or employee of the Town, or by the affidavit or declaration of any person over the age of eighteen years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.

[History: formerly 1.11.222, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12; ORD. 722, 6/12/13]

[References: GOV’T CODE § 38773.1; CCP § 415.10, 415.20, 415.30, 415.95, 416.10, 416.40]

Division2.ComplianceProcedures

(a) Whenever the Code Enforcement Officer determines that a violation of Section 2.01.060 of this subchapter is occurring or exists, the Officer may issue a written Notice of Violation to any person responsible for the violation.

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-9

(b) The Notice of Violation issued pursuant to this subchapter shall contain the following information:

(1) The date, approximate time, and address (or definite description of the location
where no address exists) of the violation(s) observed by the Code Enforcement Officer;

(2) The section(s) of this Code or applicable federal or state code(s) violated and a
description of the violation(s);

(3) The actions required to correct the violation(s) and the date by which the
correction must be completed;

(4) A statement explaining that if the violation is not corrected by the correction date
set forth in the Notice of Violation to the satisfaction of the Code Enforcement Officer,
the Town may pursue any remedy set forth in Section 2.01.090 of this subchapter,
including issuance of an Administrative Citation, carrying administrative penalties in the
amounts set forth in this subchapter, which will begin to accrue immediately on the date
the Administrative Citation is issued, and continue to accrue on a daily basis thereafter
until the violation is corrected, may be issued; and

(5) The name and signature of the Code Enforcement Officer, and the date of
issuance.

[History: formerly 1.11.224, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

(a) If the Code Enforcement Officer determines that all violations have been corrected within the time specified in the Notice of Violation, no further action shall be taken.

(b) In the event a person shall fail, neglect or refuse to comply with the Notice of Violation, the Code Enforcement Officer may:

(1) Refer the violation to the city attorney for legal action, including the institution of
a civil or criminal lawsuit;

(2) Record a Notice of Violation against the Property on which the violation exists;

(3) Issue an Administrative Citation, assessing penalties against the violator in
accordance with this subchapter; or

(4) Seek an abatement warrant pursuant to the procedures provided for in California
Code of Civil Procedure Sections 1822.50 through 1822.57, authorizing the Town to
enter onto the property where the violation exists and abate the nuisance.

(5) Use of procedures set forth in this subchapter shall be at the sole discretion of
the Town, and use of one procedure shall not preclude use of any other procedure set
forth in this subchapter or any remedy otherwise available to the Town in law or equity.

[History: formerly 1.11.226, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-10

(a) The Town may cause a notice of violation, Administrative Citation, or any other written instrument relating to abatement proceedings against a property to be recorded against the property on which the code violation or nuisance exists, pursuant to Government Code Section 38773.5(e). The notice shall state that there is a pending action involving the property, include contact information for the property owner or other violator, and shall contain sufficient information to identify the code violations or the nuisance conditions that are present on the property.

(b) An owner of a property against which a notice has been recorded pursuant to this section may appeal the decision to record the notice in accordance with section 1.02.270 of the Colma Municipal Code.

[History: formerly § 1.11.228, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

(a) An Administrative Citation, assessing administrative penalties, and issued pursuant to this subchapter shall contain the following information:

(1) The date, approximate time, and address (or definite description of the location
where no address exists) of the violation(s) observed by the Code Enforcement Officer;

(2) The section(s) of this Code or applicable federal or state codes violated and a
description of the violation(s);

(3) The amount of the administrative penalty for the violation, or a reference to
Section 1.05.020 of the Colma Municipal Code, the date by which the penalty is due and
payable to the Town, and an explanation of how the fine shall be paid;

(4) An explanation that administrative penalties begin to accrue on the date of
issuance of the Administrative Citation and continue to accrue on a daily basis until the
violation(s) is corrected as set forth in the Notice of Violation and to the satisfaction of
the Code Enforcement Officer, and an explanation that administrative costs may also be
assessed against the violator in the Town’s discretion in accordance with Section
2.01.190;

(5) The process for appealing the issuance of the Administrative Citation, including
how and the time within which the to do so; and

(b) The name and signature of the Code Enforcement Officer, and the date of issuance.

[History: formerly § 1.11.230, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-11

(a) Accrual of Penalties. Administrative penalties shall immediately begin accruing on the date the Administrative Citation is issued and shall continue to accrue on a daily basis thereafter until each and every violation is corrected in compliance with the terms set forth in the Administrative Citation.

(b) Penalties for Infractions. Except where otherwise provided in the Code, the amount of the administrative penalty imposed by an Administrative Citation for any violation that would otherwise be prosecuted as an infraction pursuant to this subchapter shall not exceed the amounts set forth in section 1.05.020 of the Colma Municipal Code as penalties for an infraction.

(c) The Code Enforcement Officer, in its discretion, may impose an administrative penalty in some lesser amount than those set forth in Section 1.05.020(c) of (d) of the Colma Municipal Code for any violation that would otherwise be prosecuted as an infraction, taking some or all of the following factors into consideration, in determining the amount of the penalty:

(1) The duration of the violation;

(2) The frequency, recurrence and number of violations, related or unrelated, by the
same violator;

(3) The seriousness of the violation;

(4) The good faith efforts of the violator to come into compliance;

(5) The economic impact of the penalty on the violator;

(6) The impact of the violation on the community; or

(7) Such other factors as justice may require.

(d) Penalties for Misdemeanors. Except where otherwise provided in the Code, or where otherwise required by law, any violation of this subchapter that would otherwise be prosecuted as a misdemeanor shall be punishably by a fine not to exceed one thousand dollars ($1,000.00) per day, or by imprisonment in the County jail for up to six (6) months, or by both such fine and imprisonment.

(e) The Code Enforcement Officer may, in his or her sole discretion, suspend the imposition of administrative penalties for any period of time during which:

(1) The violator has filed for necessary permits;

(2) Such permits are required to achieve compliance; and

(f) Such permit applications are actively pending before the Town, state or other appropriate governmental agency.

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-12

[History: formerly § 1.11.232, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12; ORD. 722, 6/12/13]

(a) Administrative penalties assessed by an Administrative Citation are due and shall be paid to the Town no later than 30 days from the date that the Administrative Citation or order is issued, unless some other date is specified in the Citation.

(b) Upon receipt of an Administrative Citation, the person responsible for the violation shall do the following:

(1) Correct the violation(s) as set forth in the Administrative Citation; and

(2) Pay the administrative penalty due and owing to the Town on or before the due
date for such penalty.

(c) If the violator gives written notice to the Code Enforcement Officer that the violation has been corrected as set forth in the Administrative Citation and the Code Enforcement Officer finds that the violation has been so corrected, the Code Enforcement Officer shall deem the date the written notice was postmarked or personally delivered to the Code Enforcement Officer or the date of compliance, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the Code Enforcement Officer, the violation will be deemed corrected on the date that the violation is corrected as set forth in the Administrative Citation to the satisfaction of the Code Enforcement Officer.

(d) Payment of the administrative penalty shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the Town.

(e) If the person responsible for the violation(s) fails to correct the violation(s) set forth in the Administrative Citation, subsequent administrative citations may be issued for the same violation(s), or the Town may take any other action it deems necessary to gain compliance.

[History: formerly § 1.11.234, ORD. 494, 9/11/96;ORD. 638, 12/14/05; ORD. 710, 9/12/12]

(a) Administrative Costs for Issuance of Citation. An Administrative Citation may include a charge to recover the administrative costs incurred by the Town in its attempt to have the violation corrected and in issuing the Notice of Violation and Administrative Citation. The amount of the charge shall include, without limitation, the costs of staff time (including attorneys fees) incurred to investigate the violation, issue the Notice of Violation and Administrative Citation, and otherwise gain compliance from the violator, as well as the costs of preparing, printing and mailing all correspondence with the violator, including the Notice of Violation and Administrative Citation, and any other direct costs incurred by the Town in issuing the Notice and Citation.

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-13

(b) Administrative Costs for Collection of Administrative Penalty. If an administrative penalty is not paid within the time limit specified in the Administrative Citation, an administrative cost may be added to the administrative penalty already due and owing to recover the administrative costs related to gaining compliance and collecting any unpaid penalty. The amount of the charge shall include the costs of staff time (including attorney fees) recover the penalty, the costs of preparing, printing and mailing related notices and correspondence to the violator demanding payment and any other direct costs incurred by the Town in collecting the unpaid penalty.

(c) Abatement Costs. If a violation is abated by the Town pursuant to this subchapter, the costs of abatement, shall be billed to the property owner and be due and payable within 30 days of the date the billing is mailed to the property owner. The costs of abatement shall include, but not be limited to, direct and indirect personnel costs, including attorneys fees and court costs incurred in abating the violation, the costs of all materials required to do the abatement, the cost to prepare all necessary or required notices, specifications, contracts and other documentation and all other costs incurred by the Town to complete the abatement.

[History: formerly § 1.11.236, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 701, 9/12/12]

(a) Late Fee. A late fee of ten percent (10%) of any unpaid administrative penalty, administrative cost or abatement cost, shall be levied on the amount unpaid on the last day of each month after the due date.

(b) Interest. In addition to the late fee described above, delinquent fines accrue interest at the rate of 1% per month, exclusive of penalties, from the due date.

(c) Collection of Delinquent Penalties and Costs. The Town may pursue any legal remedy to collect an overdue administrative penalty, administrative cost, or abatement costs including, but not limited to, recording the debt as a personal obligation or property lien as described in Division 4 of this subchapter.

(d) Issuance of Permits. If any administrative penalty assessed in connection with an Administrative citation issued because the violator lacked a required permit is delinquent, the Town may withhold issuance of the permit until the delinquent fine, and any applicable penalties and interest, have been paid in full.

[History: formerly § 1.11.238, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

(a) If the Code Enforcement Officer, or another Town employee designated by the City Manager, determines that conditions caused by a violation of Section 2.01.060 of this subchapter are so severe that they present an immediate danger to the health, safety or welfare of person(s) or property or to the general welfare of the Town unless immediately corrected, and that there is not time to seek a court order or administrative order granting the

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-14

Code Enforcement Officer permission to abate the violation, the violation may be summarily abated without compliance with this subchapter. Summary abatement shall include only such actions as are required to alleviate those conditions that present the immediate health and/or safety concerns, and may include, without limitation, boarding of windows, doors, and other openings; removal of junk and debris; and/or securing the perimeter of the property.

(b) If summary abatement is performed, the Town shall provide the party responsible for the nuisance with a post-abatement hearing to contest the validity of the summary abatement as soon as practicable after the summary abatement occurs pursuant to the procedures for administrative hearing set forth in Colma Municipal Code, Chapter One, Subchapter Twelve, sections 1.12.010 et seq., or whatever procedures the Town determines should be applicable in the interest of justice.

The Code Enforcement Officer shall document the health and and/or safety conditions that require summary abatement; all corrective measures taken in the abatement; and the costs thereof.

[History: formerly § 1.11.240, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

Division3.ContestingandAppealingAdministrativeCitationsandFines

Any recipient of an Administrative Citation may contest the Citation by filing a Notice of Appeal and Request for Administrative Hearing with the City Clerk accompanied by the specified filing fee as set by resolution of the City Council, no later than fifteen (15) calendar days from the date of issuance of the Administrative Citation. The Notice of Appeal and Request for Administrative Hearing shall include a detailed written explanation of all grounds for the appeal. The appellant may not raise any grounds other than those specified in the Notice of Appeal and Request for Hearing at the appeal hearing. A recipient of an Administrative Citation who fails to file an appeal in accordance with the provisions of the section shall be deemed to have waived his or her rights to an appeal hearing and to have failed to exhaust his or her administrative remedies.

[History: formerly § 1.11.242, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

Upon receipt of a Notice of Appeal and Request for Administrative Hearing, the Town shall initiate the process for holding an administrative hearing set forth in Colma Municipal Code, Chapter One, Subchapter Twelve, sections 1.12.010 et seq. The appointment of the Hearing Officer and the conduct of the appeal hearing shall be in accordance with the procedures of that subchapter.

[History: formerly § 1.11.244, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-15

The appeal hearing on an Administrative Citation serves to provide a full opportunity to each person subject to an Administrative Citation to object to the determination that a violation has occurred, that the violation continues to exist, and the remedy, and the Hearing Officer’s decision shall be final. In addition, the failure of any person who is subject to an Administrative Citation, to appear at the appeal hearing shall constitute a failure to exhaust administrative remedies.

[History: formerly § 1.11.246, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

(a) At the place and time set forth in the notice of appeal hearing, the Hearing Officer shall conduct a hearing on the Administrative Citation.

(b) No later than thirty (30) calendar days after the conclusion of the appeal hearing, unless otherwise stipulated by the parties, the Hearing Officer shall issue a written administrative order to uphold, modify or cancel the Administrative Citation, which notice shall include the hearing officer’s determination regarding:

(1) The existence of the violation; and

(2) The failure of the violator or property owner to take required corrective action
within the required time period.

(c) The administrative order shall include the reasons for the hearing officer’s decision which may be based on any or all of the following factors:

(1) The duration of the violation;

(2) The frequency, recurrence and number of violations, related or unrelated, by the
same violator;

(3) The seriousness of the violation;

(4) The good faith efforts of the violator to come into compliance;

(5) The economic impact of the penalty on the violator;

(6) The impact of the violation on the community; or

(7) Such other factors as justice may require.

(d) If the Hearing Officer determines that the Administrative Citation should be upheld, the Hearing Officer’s administrative order may include:

(1) An order to correct the violation, including a schedule for correction and re-
inspection for compliance, where appropriate;

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-16

(2) A confirmation or reduction of the penalties imposed by the Administrative Citation, and a payment schedule for any unpaid administrative penalties, where appropriate;

(3) Administrative costs as provided in Section 2.01.190, as well as the actual costs
of the appeal hearing (e.g., payment of the Hearing Officer, any cost for the hearing
facility and any other related costs), and any and all direct costs incurred by the Town to
prepare for and attend the hearing, including, but not limited to, costs of printing and
mailing the notice of hearing and any related documents and correspondence; staff
costs, including attorneys’ fees, incurred in investigating, preparing for and attending
the hearing; and costs for all re-inspections necessary to enforce the Hearing Officer’s
order. The Hearing Officer may establish a payment schedule for any unpaid
administrative costs, where appropriate; and

(4) Any other remedy provided in this Code.

(e) If the Hearing Officer finds that no violation has occurred or that the Administrative Citation should not be upheld for some other reason, the Hearing Officer’s administrative order shall specify those facts supporting his conclusion, and may terminate all further actions related to the Administrative Citation.

(f) The Hearing Officer, in its discretion, may suspend the imposition of applicable penalties for any period of time during which:

(1) The violator has filed for necessary permits;

(2) Such permits are required to achieve compliance; and

(g) Such permit applications are actively pending before the city, state or other appropriate governmental agency.

[History: formerly § 1.11.248, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12; ORD. 722, 6/12/13]

(a) A person contesting the order of the Hearing Officer’s issued pursuant to this subchapter may seek review in the San Mateo Superior Court by filing an appeal pursuant to Section 53069.4(b) of the California Government Code within 20 days after service of the Hearing Officer’s order, or may file a petition for writ of mandate pursuant to Section 1094.5 or 1094.6 of the California Code of Civil Procedure.

(b) The procedure and fees for an appeal or writ proceeding conducted pursuant to this Section shall be as set forth in California Government Code Section 53069.4(b) and (d).

If no notice of appeal of the Hearing Officer’s order is filed with the Superior Court within the period set forth in this Section, the order or decision shall be deemed final and confirmed.

[History: formerly § 1.11.250, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-17

If the Code Enforcement Officer determines that compliance has been achieved after an Administrative Citation or Hearing Officer’s order has been issued, the Code Enforcement Officer shall file a report with the City Manager indicating that compliance has been achieved (“Report of Compliance”).

[History: formerly § 1.11.252, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

(a) If the Code Enforcement Officer does not file a Report of Compliance, despite a request from a violator or property owner who believes that compliance has been achieved to do so, the violator or property owner may request a compliance hearing before the Hearing Officer by filing a request for an administrative hearing with the City Clerk.

(b) The administrative hearing shall be noticed and conducted in the same manner as an appeal hearing on an Administrative Citation, as provided in sections 2.01.220 and 2.01.230 of this subchapter.

(c) The Hearing Officer shall determine if compliance has been achieved and, if so, when it was achieved.

[History: formerly § 1.11.310, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12; ORD. 722, 6/12/13]

Division4–Enforcement;RecoveryofAdministrativePenalties andCostsandAbatementCosts

Administrative Order.

At its discretion the Town may pursue any and all legal and equitable remedies, including, without limitation, those provided for in this Division, for the recovery of administrative penalties, administrative costs or abatement costs owed to the Town. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total debt has been recovered. Any property owner or violator who fails to pay any administrative penalties, administrative costs or abatement costs owed to the Town shall be liable for the costs of any action brought by the Town to secure payment of the delinquent amount, including all court costs and attorneys fees.

[History: formerly § 1.11.320, ORD. 494, 9/11/96; ORD. 638, 12/14/05; ORD. 710, 9/12/12]

(a) Pursuant to California Government Code Sections 38773, 38773.1, and 38773.5, and any successor statutes, all administrative penalties, as well as all administrative costs and abatement costs incurred by the City to abate a nuisance, whether imposed by the Code

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-18

Enforcement Officer or Hearing Officer, pursuant to this subchapter in connection with real property that have not been timely paid in full, or been successfully challenged by a timely appeal or writ of mandate, may be made a lien or a special assessment against the real property on which the violation occurred in accordance with the procedures set forth in this Section.

(b) Prior to recording any lien or special assessment, the Code Enforcement Officer shall prepare and file with the City Manager a report stating the amounts due and owing. Thereupon, the City Manager shall fix a time and place for hearing the report and any protests or objections thereto. At least ten (10) days before the hearing date, the City Manager shall serve the property owner with a copy of the Code Enforcement Officer’s report and a notice of the time and place of the hearing, and shall advise the owner the he or she may appear and protest any penalty, charge and/or cost contained in the report and that the penalties and costs may be made a lien or a special assessment against the real property on which the violation occurred. Such notice shall be served as provided in this Section 2.01.120 of this subchapter. The report and notice shall also be posted conspicuously on the subject property.

(c) Any person whose real property is subject to a lien or special assessment pursuant to this subchapter may file a written protest with the City Manager or may protest orally at the hearing. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

(d) At the time fixed for hearing, the City Manager shall consider the report and protests or objections by the violator or of the property owner potentially subject to the lien or special assessment. The City Manager may revise, correct or modify the report as the City Manager considers just. Thereafter, the City Manager shall make a written determination confirming, discharging or modifying the amount of the lien or special assessment. A copy of the written determination shall be served on the property owner in any manner provided for service in this subchapter within thirty (30) days of the hearing.

(e) The lien may be recorded as provided in section 2.01.310. Thereafter, the lien may be foreclosed and the property upon which it was recorded may be sold by the filing of a complaint for foreclosure in a court of competent jurisdiction and the issuance of a judgment to foreclose, as provided by law.

(f) Alternatively, the Town may elect to seek collection of the outstanding administrative penalties, administrative costs and abatement costs as a special assessment against the real property on which the nuisance existed. After recordation the lien the Town shall provide a copy of the notice of recordation, proof of service and the recorded lien to the tax collector so that the tax collector can add the described special assessment payments to the next regular tax bill levied against the property and the special assessment shall 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 are provided for ordinary municipal taxes, as set forth in Section 38773.5 of the Government Code. At the time of imposing the assessment, notice shall be given by certified mail to the property owner, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector' s power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-19

collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(g) The lien may be foreclosed and the property upon which it was recorded sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose.

(h) The Town may also elect to seek collection of the outstanding administrative penalties, administrative costs and abatement costs as a special assessment against the real property on which the nuisance existed. After recordation the lien the Town shall provide a copy of the notice of recordation, proof of service and the recorded lien to the tax collector so that the tax collector can add the described special assessment payments to the next regular tax bill levied against the property and the special assessment shall 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 are provided for ordinary municipal taxes, as set forth in Section 38773.5 of the Government Code.

[History: formerly § 1.11.330, ORD. 494, 9/11/96; ORD. 638, 12/14/05, ORD. 643, 4/12/06; ORD. 710, 9/12/12; ORD. 722, 6/12/13]

(a) The lien shall not attach until the Code Enforcement Officer records a certificate listing unpaid administrative penalties, administrative costs and/or abatement costs with the Office of the County Recorder of San Mateo County, California. The certificate shall specify the amount of the lien or special assessment, the street address, legal description and assessor parcel’s number of the parcel on which the lien or special assessment is imposed, and the name and address of the record owner of the parcel. Once recorded, the lien or special assessment shall have the force and effect and priority of a judgment lien governed by the provisions of Sections 697.340 of the California Code of Civil Procedure and may be extended as provided in Section 683.110 to 686.220, inclusive, of the California Code of Civil Procedure.

(b) Interest shall accrue on the principal amount of the judgment lien remaining unsatisfied pursuant to law.

(c) Any fees incurred by the Town for processing, recording of the lien or special assessment and providing notice to the property owner may be recovered by the Town as part of its foreclosure action to enforce the lien or special assessment.

[History: ORD. 710, 9/12/12]

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-20

If payment in full is received by the Town for outstanding administrative penalties and costs, the City Clerk shall either record a notice of satisfaction, or provide the property owner or financial institution with a notice of satisfaction so they may record it, with the Office of the County Recorder. Such notice of satisfaction shall cancel the Town's lien or special assessment.

[History: ORD. 710, 9/12/12]

Instead of making administrative penalties, administrative costs or abatement costs owed to the Town a special assessment against the real property under this Division, or in addition thereto, the Town may make the costs the personal obligation of the property owner, tenant or other person creating, causing, committing or maintaining the nuisance. In such a case, all of the procedures for the attachment of a lien to real property set forth in this Division shall apply, except those specifically related to the assessment of the property. [History: ORD. 710, 9/12/12]

On entry of a second or subsequent civil or criminal judgment for abatement of a public nuisance within two years from the entry of the first judgment, the Town may seek an order requiring the property owner or other party creating the nuisance to pay treble the amount of the Town’s costs incurred to abate the nuisance, except in cases under Health and Safety Code Section 17980.

[History: ORD. 710, 9/12/12]

Division5.-CriminalEnforcement

(a) Nothing in this subchapter shall be deemed to prevent the Code Enforcement Officer or designee from instituting a civil or criminal action for any violation of this subchapter. The City Council authorizes the Code Enforcement Officer to issue criminal citations (notice to appear) for any violation of this subchapter of the Colma Municipal Code.

(b) The Town of Colma City Attorney's office is authorized to criminally prosecute and/or civilly enforce any violations set forth in (a) above.

(c) Any person convicted of a violation of this subchapter in a civil or criminal action shall be punished in accordance with subchapter 1-05 of this Code.

[History: ORD. 710, 9/12/12]

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-21

Notwithstanding anything in this subchapter to the contrary, in any action or proceeding that arises out of or in connection with this subchapter, including, without limitation, a civil or criminal action or administrative hearing in connection with a violation of this subchapter, or a civil foreclosure action to enforce a lien or special assessment, the prevailing party in such action or proceeding shall be entitled to recover its reasonable attorneys fees from the other party. The amount of attorney fees awarded in such action or proceeding shall not exceed the amount of reasonable attorneys fees incurred by the Town in the action or proceeding. [History: ORD. 710, 9/12/12]

Property Maintenance & Nuisance Abatement Colma Municipal Code (June 2013) Page 2.01-22

CHAPTER TWO: PROHIBITED ACTIVITIES

Subchapter 2.02: Graffiti Prevention

Aerosol paint container shall mean any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

Felt tip marker shall mean any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth (1/8) inch, containing an ink that is not water soluble.

Graffiti shall mean any writing, drawing, defacing, marring, inscribing, scratching, painting or affixing of markings upon any real or personal property, which is unauthorized by the property owner or person in possession of the subject property or which can be seen by any person using the public right-of-way or from adjacent properties.

Graffiti implement shall mean an aerosol paint container, felt tip marker, a paint stick, a scribe or gummed label.

Gummed label shall mean sticker, stamp or item applied self-adhesive glue, gum, tape or any other type of adhesive which is larger than one inch by one inch and which can be applied to any surface, wall, window or sign regardless of material.

Paint stick shall mean any device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth (1/8) inch in width, and not water-soluble.

Scribe shall mean an implement which permanently etches glass.

Unreasonable period shall mean a period of time exceeding fifteen days from the day the owner, lessee, renter or occupant has been lawfully notified of the placement of the graffiti.

[History: formerly § 2.601; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any property in the Town to maintain or allow to be maintained graffiti on such property for an unreasonable period. This section shall apply to both public and private property in all zoning districts.

[History: formerly § 2.602; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

(a) No person shall place graffiti or other writing upon any public or privately owned permanent building, structure or place located on publicly or privately owned real property within the Town.

Graffiti Prevention Colma Municipal Code (June 2013) Page 2.02-1

(b) No person owning or otherwise in control of any real property within the Town shall permit or allow any graffiti to be placed upon or remain on any permanent structure located on such property when the graffiti is visible from the street or other public or private property, for a period in excess of that described in this subchapter for notice and removal of graffiti.

(c) Violation of this subchapter is an infraction.

[History: formerly § 2.603; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

Whenever the city manager or his or her designee determines that graffiti exists on any permanent structure in the Town which is visible from the street or other public or private property, he or she shall cause a notice to be issued to abate such nuisance. The property owner shall have fifteen days after the date of the notice to remove the graffiti or the property will be subject to abatement by the city.

[History: formerly § 2.604; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

(a) Manner of Service. The Code Enforcement Officer shall serve a Notice to Abate Graffiti (referred to herein as “Notice”) on each person accused of violating this Code and on each person who occupies, leases, rents, or is in charge of the property where the violation occurred, by one of the methods set forth in the following paragraphs:

(1) Personal Delivery. A Notice may be served by personal delivery of a copy of the
Notice to the person to be served. Service of a summons in this manner is deemed
complete at the time of such delivery. The date upon which personal delivery is made
shall be entered on or affixed to the face of the copy of the summons at the time of its
delivery. However, service of a summons without such date shall be valid and effective.

(2) Leaving with Another Person at Business or Residence. If a copy of the Notice
cannot with reasonable diligence be personally delivered to the person to be served, as
specified in paragraph (a), a Notice may be served by leaving a copy of the Notice at the
person's dwelling house, usual place of abode, usual place of business, or usual mailing
address other than a United States Postal Service post office box, in the presence of a
competent member of the household or a person apparently in charge of his or her
office, place of business, or usual mailing address other than a United States Postal
Service post office box, at least 18 years of age, who shall be informed of the contents
thereof, and by thereafter mailing a copy of the Notice by first-class mail, postage
prepaid to the person to be served at the place where a copy of the Notice were left.
Service of a Notice in this manner is deemed complete on the 10th day after the mailing.

(3) If any owner of the affected property is not served under paragraphs (1) or (2),
the Code Enforcement Officer shall also serve a Notice on that owner in the same
manner as set forth in paragraph (1) or (2) above, except that if the owner of record
after diligent search cannot be found, the Notice may be served by posting a copy
thereof in a conspicuous place upon the property for a period of 10 days and publishing

Graffiti Prevention Colma Municipal Code (June 2013) Page 2.02-2

it in a newspaper of general circulation published in San Mateo County each day on which the newspaper is published for 10 days.

(b) Personal Service on an Organization

(1) Service on Corporation. A Notice may be served on a corporation by delivering a
copy of the Notice by any of the methods prescribed by California Code of Civil
Procedure, including but not limited to the following methods:

(A) To the person designated as agent for service of process as provided by
any provision in section 202, 1502, 2105, or 2107 of the Corporations Code; or

(B) To the president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person authorized by the corporation to receive service of process.

(2) Service on unincorporated association, general or limited partnership. A Notice
may be served on an unincorporated association (including a partnership) by delivering
a copy of the Notice:

(A) If the association is a general or limited partnership, to the person
designated as agent for service of process in a statement filed with the Secretary
of State or to a general partner or the general manager of the partnership; or

(B) If the association is not a general or limited partnership, to the person
designated as agent for service of process in a statement filed with the Secretary
of State or to the president or other head of the association, a vice president, a
secretary or assistant secretary, a treasurer or assistant treasurer, a general
manager, or a person authorized by the association to receive service of process.

(3) Service on business organization, form unknown. A Notice may be served on a
business organization, form unknown, by leaving a copy of the Notice during usual office
hours with the person who is apparently in charge of the office of that business
organization, and by thereafter mailing a copy of the Notice by first-class mail, postage
prepaid, to the person to be served at the place where a copy of the Notice was left.
Service of a Notice in this manner is deemed complete on the 10th day after the mailing.
Service of a Notice pursuant to this paragraph is not valid for a corporation with a
registered agent for service of process listed with the Secretary of State.

(c) Service of Other Notices and Documents. All other notices and documents required by this subchapter to be served on a party may be served by mail to the party on whom it is to be made at the address last given by that person on a document filed with the Code Enforcement Officer. However, once a party appears in an administrative matter through an attorney, service shall be made by mail on the respondent’s attorney.

(d) Service by Mail. To serve any document by mail, the document shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid,

Graffiti Prevention Colma Municipal Code (June 2013) Page 2.02-3

addressed to the person on whom it is to be served, at the address specified in this Municipal Code. Service is complete at the time of the deposit.

(e) Actual Notice Not Required. The failure of any person to receive actual notice required under this paragraph shall not affect the validity of any proceedings taken under this subchapter.

(f) Proof of service. Proof of giving any notice may be made by the certificate of any officer or employee of the Town, or by the affidavit or declaration of any person over the age of eighteen years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.

[History: formerly § 2.605; ORD. 482, 9/13/95; ORD. 638, 12/14/05; ORD. 722, 6/12/13]

[References: Gov’t Code § 38773.1; 38773.1CCP §§ 415.10, 415.20, 415.30, 415.95, 416.10, 416.40]

(a) Property Owner's Consent to Remove. Whenever the city manager or his or her designee determines that graffiti exists on any permanent structure in the Town which is visible from the street or other public or private property, and a notice to abate has been served as provided in Section 2.02.040, and the graffiti has not been abated within fifteen days from the date of service of that notice, the city manager or his or her designee is authorized to provide for and use public fund, if necessary, to remove graffiti upon the following conditions:

(1) Public Property. Whenever the city manager or his or her designee determines
that a graffiti nuisance exists upon property owned by the city, it shall be removed,
replaced or repaired as soon as possible. When the property is owned by a public entity
other than the city, the removal of the graffiti nuisance is authorized after securing
written consent of the public agency having jurisdiction over the property.

(2) Private Property. Where the subject property is privately owned, the removal,
repair or replacement of the graffiti nuisance is authorized after the city manager, or his
or her designee, secures the written consent of the owner of the property and the
owner executes a release and waiver approved as to form by the city attorney.

(3) The graffiti nuisance shall be removed, replaced or repaired as authorized herein,
but the removal, replacement or repair shall not involve the painting, replacement or
repair of a more extensive area than is necessary to abate the nuisance.

(b) Removal by Town Without Consent of Property Owner. The city manager may initiate proceedings to abate graffiti maintained contrary to the provisions of this subchapter only after the following has occurred:

(1) A notice to abate has been issued and served; and

(2) The property owner has failed to either remove the graffiti or consent to its
removal by the Town within the time period specified in the notice to abate; or

Graffiti Prevention Colma Municipal Code (June 2013) Page 2.02-4

(3) The property owner has indicated to Town staff in writing that it will not be removing the graffiti despite the notice; or

(4) The property owner has requested that the City abate the graffiti; or

(5) The Town determines that the graffiti needs to be abated sooner than the time
specified in the notice to abate because of public health, safety or welfare reasons, and
the property owner has consented to the removal.”

[History: formerly § 2.606; ORD. 482, 9/13/95; ORD. 638, 12/14/05; ORD. 687, 1/13/10]

(a) Prior to the city abating graffiti on private property without the consent of the owner, a hearing before the city manager or his or her designee shall be held, at which time the property owner shall be given an opportunity to be heard regarding the proposed abatement. A notice of the time and place of the hearing before the city manager or his or her designee shall be sent to the property owner not less than ten days prior to the hearing. Service shall be as set forth in Section 2.02.050, and copy therefore shall be conspicuously posted on the affected premises on the date the notice is so served. Said notice shall be posted and served at least ten days before the time fixed for such hearing; proof of such posting and service of notice shall be made by declaration under penalty of perjury filed with the hearing officer.

(b) The failure of any person to receive the notice shall not affect the validity of any proceedings under the subchapter.

[History: formerly § 2.607; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

The hearing to determine whether a nuisance exists shall be conducted by the city manager or his or her duly authorized representative as hearing officer. At the hearing, the hearing officer shall receive and consider all relevant evidence. Interested person shall be given a reasonable opportunity to be heard in conjunction therewith. Based upon the written evidence so presented, the hearing officer shall determine whether a nuisance within the meaning of this subchapter exists.

[History: formerly § 2.608; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

Within ten days after the hearing, the city manager or his or her designee shall give written notice of the decision to the owner and to any other person other person requesting the same. If a nuisance is determined to exist, the notice shall contain an order of abatement directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the graffiti, its location on the premises and the time and manner for its abatement. The city manager may impose such conditions as are reasonably necessary to abate the graffiti. The decision of the city manager may be appealed to the city council by

Graffiti Prevention Colma Municipal Code (June 2013) Page 2.02-5

filing a written request for appeal with the city manager within ten days after the city manager's notice of decision to the owner.

[History: formerly § 2.609; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

If the city manager's decision is not appealed and the nuisance is not abated within the time set by the order of abatement, the city manager or his or her designee is authorized to enter upon the premises and to abate the graffiti nuisance through utilization of labor, equipment and materials directed by the city manger. The graffiti shall be removed, replaced or repaired as authorized herein, but the removal shall not involve the painting or repair of a more extensive area than is necessary for such removal. The city administrator shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the city manager. Such statement shall identify the premises and state the cost of the action taken. If the premises include more than one lot, each separate lot, or all of the lots may be set forth in the same statement.

[History: formerly § 2.610; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

Upon completion of the work required to abate the graffiti, the cost to the city to perform such work shall be assessed against the property owner pursuant to the procedures set forth in the Uniform Housing Code adopted by the Town of Colma.

[History: formerly § 2.611; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

It is unlawful for any person, other than a responsible adult, or a school teacher for purposes of instruction, to knowingly sell, exchange, give, loan or in any way furnish to any minor a graffiti implement.

[History: formerly § 2.612; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

Except as may be authorized by the City, no person shall have in his or her possession any graffiti implement while at or on the premises of any public park, playground, swimming pool, recreational facility or while loitering near an underpass, bridge abutment, storm drain or other similar type of infrastructure.

[History: formerly § 2.613; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

Every person who owns, conducts, operates or manages a retail commercial establishment selling graffiti implements shall store or cause such graffiti implements to be stored in an area

Graffiti Prevention Colma Municipal Code (June 2013) Page 2.02-6

viewable by, but no accessible to the public in the regular course of business without employee assistance, pending legal sale of such graffiti implements.

[History: formerly § 2.614; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

Every person who owns, conducts, operates or manages a retail commercial establishment which offers for sale or sells graffiti implements shall display at the location of retail sale of such graffiti implements a sign, in letters at least three-eighths (3/8") of an inch high, clearly visible and legible to customers which states as follows:

IT IS UNLAWFUL FOR THIS BUSINESS TO SELL OR GIVE TO

INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS AEROSOL PAINT CONTAINER, INDELIBLE MARKER PEN, OR GLASS ETCHING TOOL.

[History: formerly § 2.615; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

Pursuant to Section 1714.1(b) of the California Civil Code, every parent or other legal guardian having custody or control of a minor who defaces property by inscribing graffiti thereon shall be jointly and severally liable with such minor for any resulting damages incurred by property owner, or any other person, in an amount not to exceed ten thousand dollars for each such act of defacement and for all attorney's fees and court costs incurred in connection with the civil prosecution for damages.

[History: formerly § 2.616; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

(a) Amount. Pursuant to Section 53069.5 of the California Government Code the city may pay to any person who provides information which leads to the arrest and conviction of any person who maliciously injures or destroys another's property by the use of graffiti, a reward as established from time to time by City Council resolution. The amount of any reward paid pur- suant to this subchapter may be sought from the person arrested and convicted as restitution in addition to any other restitution associated with the removal of graffiti.

(b) Claims for Rewards.

(1) Contents. Claims for rewards under this subchapter shall be filed with the City.
Each claim shall:

(A) Specifically identify the date, location and kind of property damaged or
destroyed;

(B) Identify by name the person who was convicted or confessed to the
damage or destruction of property;

Graffiti Prevention Colma Municipal Code (June 2013) Page 2.02-7

(C) Identify the court and the date upon which the conviction occurred or the place and date of the confession.

(c) Investigation and Verification. No claim for reward shall be allowed by the City Council unless an authorized representative of the City investigates and verifies the accuracy of the claim and recommends that it be allowed.

(d) Liability. The person committing the graffiti, or if an unemancipated minor, the custodial parent of said minor shall be liable for reward paid pursuant to this subchapter.

(e) Multiple Contributors. In the event of multiple contributors of information, the reward amount shall be divided by the City in the manner it shall deem appropriate.

For the purposes of this section, diversion of the offending violator to a community service program or a plea bargain to a lesser offense shall constitute a conviction.

[History: formerly § 2.617; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

The remedies provided in this subchapter are in addition to the other remedies and penalties available under this code and the laws of the State of California.

[History: formerly § 2.618; ORD. 482, 9/13/95; ORD. 638, 12/14/05]

Graffiti Prevention Colma Municipal Code (June 2013) Page 2.02-8

Subchapter Three: Drug and Gang Nuisance Abatement

(a) Drug or Drugs. As used herein Drug or Drugs shall mean one or more controlled substances, including precursors and analogs defined in California Health & Safety Code Section 11007.

(b) Gang. As used herein Gang shall mean any ongoing organization, association or group of three (3) or more persons, whether formal or informal, which has a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of illegal conduct.

(c) IllegalConduct. As used herein Illegal Conduct shall mean a misdemeanor or felony as defined by state or federal law.

[History: formerly § 2.701; ORD. 638, 12/14/05]

(a) Any building or place used for the purpose of illegal conduct by a gang or gangs or gang members, or wherein or upon which illegal conduct takes place, or as defined in California Health & Safety Code Section 11570 may be commenced as set out herein.

[History: formerly § 2.702; ORD. 638, 12/14/05]

(a) The Police Department may identify a building or place which is a nuisance as defined in this chapter by documenting a pattern of continuing and repeated drug or illegal conduct in or at such building or place.

[History: formerly § 2.703; ORD. 638, 12/14/05]

(a) Where it has been determined that a nuisance exists as defined herein, notice of the existence of such nuisance and request for immediate abatement thereof shall be given to the owner, occupant, manager, or agent for the property or any other person interested in the property or who has requested such notice.

(b) The first notice shall be by letter, which shall state the location of the nuisance, the type of illegal conduct or drug activity, and the requested manner of abatement. The letter shall give thirty (30) calendar days in which to commence voluntary abatement of the nuisance in the manner requested. Abatement may include but is not limited to eviction of tenant(s) creating the nuisance or closure of the building or place.

(c) Within that thirty (30) day period, the owner of any property so identified may request in writing that the Police Department proceed with abatement against the property as set out in this chapter and under state law. As a condition to abatement, the Police Department and the

Drug & Gang Nuisance Abatement Colma Municipal Code (January 2006) Page 2.03-1

City may enter into an agreement with the owner or agent to assist in such proceedings or to bring the building or place into compliance with applicable state, federal and local building codes and regulations.

(d) At the end of the thirty (30) day period, it shall be determined whether or not the nuisance is being or has been abated. If it is found that such nuisance continues to exist, the owner, occupant, manager or agent and any other interested person or person requesting notice shall be served with a second notice. The second notice shall state that the nuisance continues to exist, its location, type and manner of abatement and that the abatement must commence within five (5) working days or the matter will be referred to the City Attorney for civil action.

(e) The notices required by this section shall be served by personal delivery or by mailing, first class, postage prepaid, return receipt requested, to the owner at his last known mailing address as it appears on the last equalized assessment roll of the County, and to the occupant, manager or agent at the address of the building or place or any other known address, or by posting on the property. The failure of any person entitled to receive such notice shall not affect the validity of any proceedings under this ordinance.

(f) Upon receipt of a response from the person served, the Police Department and the City may agree in writing to extend the time to commence, perform or complete abatement and may condition such extension on the performance of actions by the owner, occupant, manager, or agent, including but not limited to bringing the building into compliance with any and all applicable local, state and federal building codes and regulations.

[History: formerly § 2.704; ORD. 638, 12/14/05]

(a) The City Attorney, with the concurrence of the City Manager, is hereby authorized to file a civil action pursuant to California Health & Safety Code Section 11570 et. seq. to have the court determine whether any property within the Town constitutes a nuisance within the meaning of Section 11570.

(b) The City Manager, in his or her discretion, may send one or more warning letters to each owner and resident of the premises prior to filing the civil lawsuit, demanding that the activities constituting the nuisance cease immediately. A warning letter need not be sent when, in the judgment of the City Manager, to do so would be futile.

(c) The City Manager may delegate the responsibilities placed upon them by this ordinance by such subordinate officers and employees as he or she, in his/her sole discretion deems appropriate.

[History: formerly § 2.705; ORD. 638, 12/14/05]

Drug & Gang Nuisance Abatement Colma Municipal Code (January 2006) Page 2.03-2

CHAPTER TWO: PROHIBITED ACTIVITIES

Subchapter 2.04: Firearms, Alcohol, Curfews

(a) Except as provided in subdivisions (b), (c), (d), (e), or (f), it shall be unlawful for any person to discharge a firearm within the city limits of the Town of Colma.

(b) Subdivision (a) shall not apply to any of the following:

(1) Peace officers listed in Section 830.1 or 830.2 of the California Penal Code,
whether active or honorably retired, other duly appointed peace officers, full-time paid
peace officers of other states and the federal government who are carrying out official
duties while in Colma, or any person summoned by any such officers to assist in making
arrests or preserving the peace while the person is actually engaged in assisting such
officer.

(2) Members of the military forces of this state or of the United States engaged in
the performance of their duties.

(3) Armored vehicle guards, as defined in Section 7521 of the Business and
Professions Code, (A) if hired prior to January 1, 1977; or (B) if hired on or after such
date, if they have received a Firearms Qualification Card from the Department of
Consumer Affairs, in each case while acting within the course and scope of their
employment.

(c) Subdivision (a) shall not apply to any of the following who have completed a regular course in firearms training approved by the Commission on Peace Officer Standards and Training:

(1) The discharge of weapons by animal control officers or zoo keepers, regularly
compensated as such by a governmental agency when acting in the course and scope of
their employment and when designated by a local ordinance or, if the governmental
agency is not authorized to act by ordinance, by a resolution, either individually or by
class, to carry such weapons, or by persons who are authorized to carry such weapons
pursuant to Section 607f of the California Civil Code, while actually engaged in the
performance of their duties pursuant to that section.

(2) Harbor policemen designated pursuant to Section 663.5 of the Harbors and
Navigation Code who are carrying out official duties while in the Town of Colma.

(3) Peace Officers listed in Section 830.1 or 830.2 of the California Penal Code
engaged in duly authorized use of the Town of Colma Police Department's Pistol Range.

(d) Subdivision (a) shall not apply to any of the following who have been issued a certificate pursuant to Section 12033 of the California Penal Code. Such certificate shall not be required of any person who is a peace officer who has completed all training required by law for the

Firearms, Alcohol, Curfews Colma Municipal Code (January 2017) Page 2.04-1

exercise of his or her power as a peace officer, and who is employed while not on duty as such peace officer:

(1) Guards or messengers of common carriers, banks, and other financial institutions while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other things of value within the Town of Colma and in the course and scope of that employment.

(2) Guards of contract carriers operating armored vehicles pursuant to California
Highway Patrol and Public Utilities Commission authority in the course and scope of that
employment (i) if hired prior to January 1, 1977; or (ii) if hired on or after January 1,
1977, if they have completed a course in the carrying and use of firearms which meets
the standards prescribed by the California Department of Consumer Affairs.

(3) Private investigators and private patrol operators who are licensed pursuant to
Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and
Professions Code while acting within the course and scope of their employment.

(4) Uniformed security guards, regularly employed and compensated as such by
persons engaged in any lawful business, and uniformed alarm agents employed by an
alarm company operator, while actually engaged in protecting and preserving the
property of their employers.

(5) Uniformed employees of private patrol operators and private investigators
licensed pursuant to Chapter 11.5 (commencing with Section 7512) of Division 3 of the
California Business and Professions Code while acting within the course and scope of
their employment as private patrolmen or private investigators.

(e) Nothing in this section is intended to preclude the discharge of any firearm legally carried or held under circumstances where it would otherwise be lawful, by a person who reasonably believes that the person or property of himself or herself or of another is in immediate, grave danger and that the discharge of such weapon is necessary for the preservation of such person or property. As used in this subdivision "immediate" means the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of its assistance.

(f) Nothing in this section shall prevent any person from discharging a weapon, if such discharge is reasonably necessary in the course of making a lawful arrest.

(g) Every person convicted under this section shall be guilty of a misdemeanor and is subject to punishment by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding One Thousand Dollars ($1,000), or both.

[History: formerly § 2.501; ORD. 333, 06/11/86; ORD. 638, 12/14/05]

(a) Purpose and Intent. The purpose and intent of this section 2.04.020 is to restrict the consumption of alcoholic beverages in public places, parking lots, and motor vehicles within the

Firearms, Alcohol, Curfews Colma Municipal Code (January 2017) Page 2.04-2

Town of Colma. This section shall not be deemed to make punishable any act or acts which are prohibited by any statute of the State of California.

(b) Definitions. As used in this section "alcoholic beverages" includes alcohol, spirits, liquor, wine, or beer which contains one-half of one percent or more of alcohol by volume and which is fit for human consumption purposes either alone or when diluted, mixed or combined with other substances.

(c) Possession in Public Places. It is unlawful for any person to possess any alcoholic beverage in any public place, or transport any alcoholic beverage upon any public street, sidewalk, pedestrian mall, public school ground, alleyway, or thoroughfare if such alcoholic beverage is in a receptacle which has been opened, or the seal of which has been broken, or the contents of which have been partially removed.

(d) Possession in Parking Lots. It is unlawful for any person to possess any alcoholic beverage in any private or public parking lot within the Town of Colma where such parking lot has immediate access to a public street if such alcoholic beverage is in a receptacle which has been opened, or the seal of which has been broken, or the contents of which have been partially removed.

(e) Exemption. The provisions of this section shall not apply to the consumption, drinking, exhibition, or possession of an open container of alcoholic beverages at a city approved function.

(f) Violation. Any person violating any of the provisions of this subchapter shall be guilty of a misdemeanor, which shall be punishable as set forth in section 1.05.010 et seq.

[History: formerly § 2.502; ORD. 418, 8/18/90; ORD. 638, 12/14/05, ORD. 643, 4/12/06]

(a) Curfew for Minors. It is unlawful for any minor person under the age of eighteen years to loiter in, upon or about the public streets, avenues, alleys, parks, buildings or other public places, between the hours of ten p.m. and sunrise the following morning. However, the provisions of this section shall not apply in the following circumstances: (a) when the minor is accompanied by his or her parents, guardian or other adult having the legal care, custody or control of the minor; (b) when the minor is upon an emergency errand directed by his or her parent, guardian or other adult person having the care and custody of the minor; (c) when the minor is going directly to or returning directly from a place of work, or worship, or a meeting, dance, recreational activity or other event organized or sponsored by a school or community group; or (d) when the minor is going directly to or returning directly from a private residence at which the minor is or was an invitee.

(b) Responsibility of Parent. It is unlawful for the parent, guardian or other person having the legal care, custody or control of any minor under the age of eighteen years to allow or permit such minor to violate any provision of this chapter.

Firearms, Alcohol, Curfews Colma Municipal Code (January 2017) Page 2.04-3

(c) Encouragement to Violate Prohibited. It is unlawful for any person to assist, aid, abet, or encourage any minor under the age of eighteen years to violate any provision of this chapter.

(d) Violation. Any person violating any of the provisions of this subchapter shall be guilty of a misdemeanor, which shall be punishable as set forth in section 1.05.010 et seq.

[History: formerly 2.503; ORD. 417, 8/08/90; ORD. 638, 12/14/05, ORD. 643, 4/12/06]

This section shall apply to the Town of Colma’s Dog Park, known as the “Bark Park,” in addition to all other regulations of this CMC Chapter 2.07. For the purposes of this section, the term “Responsible Person” shall mean any person age eighteen (18) years or older who owns, has a proprietary or possessory interest in, harbors or has the care, charge, control, custody or possession of any dog. (a) Pursuant to Government Code section 831.7, the Town shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog in a dog park. Each Responsible Person is solely responsible and liable for the actions of their dog.

(b) Consuming, possessing or keeping on or about his or her person any alcoholic beverage pursuant to Section 2.07.060(12) is hereby prohibited in the Bark Park.

(c) Smoking, lighting or carrying a lighted pipe, cigar, cigarette, or other smoking device of any kind in the Bark Park is prohibited consistent with Section 2.07.060(19).

(d) The Bark Park is open from sunrise to sunset pursuant to Section 2.07.030. No dogs or persons are permitted in the Bark Park from sunset to sunrise.

(e) All dogs must be vaccinated for rabies and legally licensed prior to use of the Bark Park as required by CMC Chapter 8.01. Any Responsible Person must be able to produce evidence of vaccination and licensing upon request by proper authorities.

(f) No person shall place or allow to be placed in the Bark Park any dog that has been designated as a Dangerous or Vicious Animal pursuant to CMC Chapter 8.01 or any similar animal control regulation.

(g) Dog bites shall be reported immediately to the Colma Police Department or San Mateo County Animal Control at 650-997-8321 or 650-340-8200 or as provided in CMC 8.01.260.

(h) Dogs under the age of four (4) months are not permitted in the Bark Park pursuant to section 121690 of the Health and Safety Code.

(i) Children fifteen (15) years of age and younger must be accompanied and supervised by a responsible adult while in the Bark Park.

(j) No food of any kind is allowed in the Bark Park to ensure the public safety and welfare of both dogs and people in the Bark Park as food can lead to dog fights.

Firearms, Alcohol, Curfews Colma Municipal Code (January 2017) Page 2.04-4

(k) No Responsible Person shall have more than three (3) dogs at once in the Bark Park to ensure proper handling of each dog and to ensure the public health, safety and welfare.

(l) Dogs shall not be kept on a leash inside the Bark Park. The Bark Park is an "off leash" area. Choke chains, prong collars, and head collars (Halti, Gentle Leader, etc.) are recommended to be removed before letting a dog loose in the Bark Park.

(m) Each Responsible Person is responsible for repairing damages to the Bark Park or Bark Park facilities caused by their dog(s) (e.g. filling in holes, etc.).

(n) It shall be unlawful for a Responsible Person in the Bark Park not to immediately pick up and properly dispose of the feces of their dog(s). Proper disposal shall include the placement of such feces in a bag or other container and its disposal in a trash receptacle.

(o) No person shall place or allow to be placed a female dog in heat or pre-heat in the Bark Park.

(p) No person shall place or allow to be placed a sick dog in the Bark Park. Sickness includes any animal disease that is dangerous or transmittable to humans or other animals, including, but not limited to, kennel cough, Giardia, and rabies.

(q) Responsible Persons shall, at all times, take all reasonable precautions to prevent their dog(s) from biting, attacking or attempting to bite or attack any person or dog. A Responsible Person shall immediately remove his or her dog from the Bark Park if it bites, attacks or attempts to bite or attack any person or dog. A Responsible Person whose dog is bitten or attacked shall immediately remove his or her dog from the Bark Park.

(r) Any dog which has been repeatedly aggressive or attempted to attack or bite another dog or a person, or whose Responsible Person fails on more than two (2) occasions to abide by the reasonable rules and regulations applicable to the Bark Park may be barred from further use of the Bark Park by notice and order of the City, in its discretion.

[History: ORD. 769, 1/11/17]

Firearms, Alcohol, Curfews Colma Municipal Code (January 2017) Page 2.04-5

CHAPTER TWO: PROHIBITED ACTIVITIES

Subchapter 2.05: Noise Limitation

The purpose of this subchapter is to limit noise in residential areas to protect and promote public health, safety, and welfare. [History: ORD. 732, 12/11/13]

(a) It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud and unnecessary noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standards which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:

(1) The level of the noise;

(2) Whether the nature of the noise is usual or unusual

(3) Whether the origin of the noise is natural or unnatural;

(4) The level and intensity of the background noise, if any;

(5) The proximity of the noise to residential sleeping facilities;

(6) The nature and zoning of the area within which the noise emanates;

(7) The density of the inhabitation of the area within which the noise emanates;

(8) The time of the day and night the noise occurs;

(9) The duration of the noise; and

(10) Whether the noise is recurrent, intermittent, or constant.

(b) Nothing herein shall prohibit the use of radios, televisions, and music equipment wherever used, when the sound produced does not carry beyond the property line or does not unreasonably disturb any person outside the property where the sound is generated

[History: ORD. 732, 12/11/13]

The use of mechanically powered non-construction gardening type equipment including but not limited to lawn mowers, weed whackers and leaf blowers are prohibited in a residential neighborhood or within 500 feet of a residential unit except during the following hours:

Noise Limitation Colma Municipal Code (May 2016) Page 2.05-1

Monday – Friday: 8:00 AM – 7:00 PM Saturday, Sunday and Holidays: 10:00 AM – 5:00 PM

[History: ORD. 732, 12/11/13; ORD. 761, 5/25/16]

(a) Construction. The noise limitation in this subchapter shall not apply to construction activities permitted under subchapter 5.04 of the Colma Municipal Code.

(b) Cemetery Landscaping and Maintenance. The noise limitation in this subchapter shall not apply to any person engaged in routine landscaping and maintenance activities performed in connection with a cemetery.

(c) Special Events. The noise limitation in this subchapter shall not apply to any activity where a Special Event Permit has been issued.

(d) Community Center, Recreation Center or Sterling Park Events. The noise limitation in this subchapter shall not apply to any activity held at the Colma Community Center, Recreation Center, or Sterling Park if scheduled by the Recreation and Parks Department.

(e) Refuse Collection, Recyclables Collection or Street Sweeping. The noise limitation in this subchapter shall not apply to refuse collection, recyclables collection or street sweeping activities undertaken by, or pursuant to contract with, the Town of Colma.

(f) Governmental Activities. The noise limitation in this subchapter shall not apply to any activity undertaken by the Town, another governmental agency, or city contractor for public health and safety purposes when, in the judgment of the Town, such activity cannot be undertaken effectively or efficiently in compliance with regulations set forth in this subchapter.

(g) Certain Sound-amplifying Equipment or Devices. The noise limitation in this subchapter shall not apply to the use of sound-amplifying equipment used under the following circumstances:

(1) In conformity with a Special Event Permit issued by the Town;

(2) In conformity with a Conditional Use Permit under the provisions of Chapter 5 of
this code; or

(3) On emergency vehicles or by government employees in connection with any
activity undertaken for the protection of the public welfare or safety.

[History: ORD. 732, 12/11/13]

(a) A violation of the provisions of this subchapter shall be an infraction. The punishments for an infraction are set forth in subchapter 1.05 of the Colma Municipal Code.

Noise Limitation Colma Municipal Code (May 2016) Page 2.05-2

(b) A violation of this subchapter shall also be deemed to be a public nuisance under section 2.01.060 of the Colma Municipal Code, and may be abated pursuant to the procedures set forth in subchapter 2.01 of the Code. Notwithstanding any other provision in subchapter 2.01, the authority granted the Code Enforcement Officer in subchapter 2.01 may also be exercised by a Colma peace officer, except that only a Colma peace officer may write and issue Administrative Citations for a violation of this subchapter.

[History: ORD. 732, 12/11/13]

Noise Limitation Colma Municipal Code (May 2016) Page 2.05-3

CHAPTER TWO: PROHIBITED ACTIVITIES

Subchapter 2.06: Unruly Gathering

The purpose of this subchapter is to assist the Police Department in controlling loud and unruly gatherings, to defray the cost of providing an emergency response during a subsequent call to such prohibited gatherings, and to deter noisy or dangerous gatherings which are disturbing the public peace. This subchapter shall not apply to assemblies, meetings, gatherings, demonstrations or marches supporting or espousing political, social, ethical, religious or other causes or beliefs, the expression of which is entitled to protection under the United States or State Constitution. This subchapter is enacted pursuant to the authority of Government Code Sections 38771 through 38773.5 and pursuant to the police powers of the Town of Colma. [History: ORD. 731, 12/11/13]

The following terms used in this subchapter shall have the meanings set forth in this section: (a) Prohibited Gathering shall mean the conduct prohibited in section 2.06.030(a) of this subchapter.

(b) Responsible person(s) shall mean:

(1) the owner of the property on which a prohibited gathering is conducted;

(2) each person(s) with a right of possession in the property on which a prohibited
gathering is conducted, including, but not limited to, a tenant of the property if the
gathering is on private property, or a permittee if the gathering is a permitted gathering
on public property;

(3) each parent or legal guardian of responsible persons under the age of twenty-
one years; and

(4) each person or persons who organized, sponsored or accepted responsibility for
such gathering.

(c) Special security services shall mean the provision of any police, fire or other emergency response service to a prohibited gathering within twelve months of a first response as provided in this subchapter.

[History: ORD. 731, 12/11/13]

(a) Prohibited Conduct. It shall be unlawful to allow, host, attend, participate in, or conduct a gathering of five or more persons on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood and is in violation of law. Illustrative of such unlawful conduct are

Unruly Gathering Colma Municipal Code (December 2013) Page 2.06-1

excessive noise or traffic, obstruction of public streets by crowds or vehicles, illegal parking, public drunkenness, public urination, the service of alcohol to minors, fights, disturbances of the peace, and littering.

(b) Public Nuisance. A prohibited gathering constitutes a public nuisance and may be abated by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation or arrest of any law violators under any applicable ordinances and state statutes.

(c) Vicarious Liability. This ordinance imposes vicarious as well as direct liability upon responsible persons; that is, each responsible person shall be liable under this subchapter whether or not present at the prohibited gathering resulting in the emergency response giving rise to the imposition of special security service charges.

(d) Exceptions

Nothing in this subchapter shall be construed to impose liability on a responsible person in the following circumstances: (1) When the responsible person was not on or about the premises at any time during the prohibited gathering or during the twenty-four-hour period preceding the Town’s response to the prohibited gathering and had no prior knowledge of the gathering that ultimately resulted in the city response and cost assessment, provided however, that this exception shall not apply to a responsible person who had been notified pursuant to section 2.06.040 of a previous unruly gathering.

(2) Where an invited guest engages in conduct which the responsible person could
not reasonably foresee and the conduct is an isolated instance of the a guest violating
the law which the responsible person is unable to reasonably control without the
intervention of the police; or

(3) Where the responsible person could not reasonably exclude or control an
uninvited person without the intervention of police.

[History: ORD. 731, 12/11/13]

(a) Notice at the scene. When a police officer responds to a first prohibited gathering at premises in the Town with a given address, the officer shall inform any responsible person at the scene that the officer has determined that a prohibited gathering exists and that each responsible person will be charged for the cost of any special security services required for each subsequent response to the scene within the next twelve months following the first response. If a responsible person cannot be identified at the scene, the Police Department may subsequently return to the scene and issue the warning to a then-present responsible person.

(b) Posting of Notice. Within seven days after the police department responds to a prohibited gathering, a Town representative shall post a notice on the premises at which such prohibited gathering occurred stating that the intervention of the police has been necessitated as a result of a prohibited gathering, the date of the police intervention, and that any

Unruly Gathering Colma Municipal Code (December 2013) Page 2.06-2

subsequent prohibited gathering within the next twelve months on the same premises that necessitates police intervention shall result in the joint and several liability of each person attending or participating in the prohibited gathering, and of each responsible person allowing or conducting the prohibited gathering. The notice shall remain posted for ninety (90) days. The residents and owner of such property shall be jointly responsible for ensuring that such notice is not removed or defaced and it shall be an infraction if such notice is removed, obscured or defaced, provided, however, that the residents of the premises or sponsor of the prohibited gathering, if present, shall be consulted as to the location in which such notice is posted in order to achieve both the security of the notice and its prominent display.

(c) Mailing or Delivery of Notice.

(1) If the property owner does not reside on the property, then within ten days after
the police department responds to a prohibited gathering, a Town representative shall
mail a notice of the intervention to each property owner on the Town of Colma property
tax assessment records and shall advise the property owner that any subsequent
intervention within twelve months on the same premises shall result in liability of the
property owner for all penalties associated with such intervention as more particularly
set forth below.

(2) A Town representative shall also mail the notice of intervention to each
responsible person who does not reside on the property where the police intervened.

(3) Instead of mailing, the notice of intervention may be personally served on the
property owner or on each responsible person who does not own or reside on the
property where the police intervened.

(d) Directory. The notice provisions of this section are directory, not mandatory.

(e) One Notice. A person who receives notice by any one of the methods described in this section may be held liable for a fine, penalty or cost recovery under this subchapter.

[History: ORD. 731, 12/11/13]

(a) A first or second violation of this subchapter within a twelve-month period is punishable as an infraction. A third or subsequent violation within twelve months of the first violation shall constitute a misdemeanor. The punishments for misdemeanors and infractions are set forth in subchapter 1.05 of the Colma Municipal Code.

(b) The fines prescribed in this subchapter 1.05 of the Colma Municipal Code are in addition to liability for any special security service charges that may be assessed pursuant to this subchapter.

(c) The second, third or subsequent violation fines prescribed in Colma Municipal Code subsections 1.05.020(c)(2) and (c)(3) are payable whether or not the responsible person at the time of the current prohibited gathering is the same person who was the responsible person for any prior prohibited gathering at those premises. In calculating the fine payable, the official

Unruly Gathering Colma Municipal Code (December 2013) Page 2.06-3

assessing the fine shall count backward starting from the date of the most recent prohibited gathering to determine how many prior prohibited gatherings have taken place at the premises in question during the statutory twelve-month period. A warning given pursuant to Section 2.06.030 shall remain in effect for the premises at a given address until a full twelve-month period has elapsed during which there have been no prohibited gatherings at those premises.

[History: ORD. 731, 12/11/13]

(a) Responsible Persons Liable for Costs. When the Police Department or other emergency responder responds to a prohibited gathering at premises with a given address in the Town within twelve months of a warning given to a responsible person pursuant to this subchapter, or while any such warning remains in effect pursuant to this subchapter, a Colma police officer or the Code Enforcement Officer may issue an Administrative Citation under subchapter 2.01 of the Colma Municipal Code to abate the nuisance and recover the costs incurred by the Town in its attempt(s) to have the violation corrected and in providing special security service for all subsequent responses during that twelve-month period. All responsible persons shall be jointly and severally liable for the costs incurred by the Town in its attempt(s) to have the violation corrected and in providing special security service for the initial and all subsequent responses during that twelve-month period.

(b) Procedure; Lien.

(1) The procedures set forth in subchapter 2.01 of the Colma Municipal Code shall
apply for issuing, appealing and enforcing the Administrative Citation issued to abate
prohibited gatherings.

(2) Charges for special security service shall include a reasonable charge for the
emergency responders’ time and actual costs of any equipment used or damaged in
connection with the response. The bill shall be a debt owed to the Town and failure to
pay that bill within thirty days is a violation of this code. If the Town is obliged to
initiate litigation or other proceedings of this code to recover this debt, the responsible
person shall be liable for costs of suit, attorney's fees, and costs of collection.

(3) When the full amount due to the Town for subsequent response costs as set
forth in this subchapter is not paid by the person or persons responsible within thirty
days of the date of the billing for such costs, the Code Enforcement Officer may file with
the office of the tax collector of the county of San Mateo a lien, as set forth in section
2.01.310 of this Code.

A Landlord shall be prohibited from charging residential tenants a deposit against potential cost assessments levied pursuant to this subchapter unless, during the current or any previous lease agreement with the landlord for the premises which are the subject of the lease agreement, the tenants were cited for violating this subchapter and the citation was upheld. A no-contest plea and payment of a fine for violating this subchapter shall constitute the upholding of a citation.

Unruly Gathering Colma Municipal Code (December 2013) Page 2.06-4

The remedies set forth in this section are cumulative and shall not limit or replace any other available remedies or penalties, civil or criminal, whether in this ordinance or any other ordinance or law.

The city council hereby finds that the service of alcohol to minors at prohibited gatherings and the consumption of alcohol by minors at prohibited gatherings has in the past and continues to pose a threat to the health and safety of all persons who reside in the Town and also causes significant disruption of Town residents’ quiet enjoyment of their households, especially in the Town’s residential neighborhoods. In addition, such conduct on behalf of persons who serve alcohol to minors and minors who consume alcohol at prohibited gatherings results in the expenditure of a disproportionate percentage of the Police and public safety resources which are underwritten primarily by general municipal taxes paid to the Town by its taxpayers and residents. It is therefore the policy of the City Council that in responding to prohibited gatherings, the Police Department shall strictly enforce any and all applicable state laws pertaining to the service of alcohol to minors, and the consumption of alcohol by minors, and, with respect to minors in possession of alcohol, the Police Department shall establish a “no tolerance” protocol by which the Police Department contacts, or causes the minor’s school to contact, the minor’s parents or legal guardians whenever the minor is found to be in possession of alcohol or narcotics or found to be intoxicated at a prohibited gathering. Where the minor’s school has an internal student disciplinary office any such incident shall likewise be reported to that office.

Unruly Gathering Colma Municipal Code (December 2013) Page 2.06-5

CHAPTER TWO: PROHIBITED ACTIVITIES

Subchapter 2.07: Prohibited Activities at Parks and Recreational Facilities

This ordinance shall be construed and applied to promote its basic purposes and policies which are:

(a) To protect the public health and welfare by prohibiting or limiting smoking in

public places, as hereinafter set forth.

(b) To strike a reasonable balance between the needs of persons who smoke and

the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air should have priority.

[History: Ord. 782, 8/22/18]

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section have the meanings given to them in this section.

(a) “Dining area” means any indoor or outdoor area which is available to, or

customarily used by, the general public and which is designed, established or regularly used for consuming food or drink.

(b) “Electronic Cigarette” means an electronic device that can be used to deliver an

inhaled dose of nicotine, or other substances, as an aerosol or vapor, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic Cigarette” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vape pen or any other product name or descriptor. (c) “Employee” means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity or other employer.

(c) “Employer” means any person, partnership, corporation, or non-profit entity,

including a municipal corporation, who employs the services of one or more persons.

(d) “Enclosed” means closed in by a roof and four walls with appropriate openings

for ingress, egress, and windows.

(e) “Multi-Family Unit” means any building with two or more residential dwelling units and such units have at least one or more shared or abutting walls, floors, or ceilings. Additionally, a building that has two or more residential dwelling units and such units have a shared ventilation system is considered a multi-family unit. A multi-family unit does not include the following:

(1) A single-family residence with an attached or detached in-law or accessory

dwelling unit that is less than 50% of the floor area of the main residence; and

Smoking Control Page 1 of 4 (March 2019)

(2) A single-family residence.

(f) "Public place" means any area to which the public is invited or in which the

public is permitted whether publicly or privately owned and regardless of any fee or age requirement. A private residence is not a public place, except when the residence is utilized as a health care facility, child care facility, family care home, foster care center, group home or senior care home.

(g) “Primary entrance” means an entryway prominently delineated with signage and

used by members of the public as the main source of access for ingress/egress to a facility.

(h) “Service area” means any publicly or privately-owned area, including sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service or to make a transaction, whether or not such a service or transaction includes the exchange of money. The term “service area” includes, but is not limited to, information kiosks, automatic teller machines (ATMs), ticket lines, bus stops, or mobile vendor lines.

(i) “Smoking” means possessing a lighted, heated or ignited tobacco, nicotine or

marijuana product or paraphernalia; or engaging in an act that generates smoke (including, but not limited to, possessing a lighted, heated or ignited pipe, hookah pipe, cigar, electronic cigarette or cigarette of any kind); or lighting, heating or igniting a pipe, hookah pipe, cigar, electronic cigarette or a cigarette of any kind. Smoking includes the use of any product which emits smoke in the form of gases, particles, vapors or other byproducts released by electronic cigarettes, tobacco cigarettes, herbal cigarettes, marijuana cigarettes and any other type of cigarette, pipe or other implement for the purpose of inhalation of vapors, gases, particles or their byproducts released as a result of combustion or ignition.

(j) “Special Event” means any event or gathering to which the public is invited or in

which the public is permitted, and for which a Special Event Permit is required by the Town of Colma. This includes any Town sponsored special event.

(k) “Tobacco product” means any substance containing tobacco leaf, including

cigarettes, cigars, loose tobacco, snuff or any other preparation of tobacco which may be used for smoking, chewing, inhalation or other means of ingestion; and any electronic cigarette or other electronic device used to generate smoke or vapors; and any product or formulation or matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for the use in treating nicotine or tobacco dependence.

(l) “Unenclosed Area” means any area that is not an enclosed area.

[History: Ord. 782, 8/22/18; Ord. 790, 3/13/19]

The Town of Colma recognizes that the State of California regulates smoking in many

Smoking Control Page 2 of 4 (March 2019)

areas, including but not limited to, in enclosed places of employment (Labor Code §6404.5). The Town desires to supplement the smoking restrictions found in state law by prohibiting smoking in the areas listed below. Therefore, within the Town of Colma, smoking shall be prohibited:

(a) Within and around Town of Colma Structures. This includes any enclosed

structure owned or leased by the Town of Colma wherever located; and within twenty (20) feet of an exit, entrance or operable window as prohibited by Government Code §7597;

(b) In unenclosed dining and service areas; and within twenty (20) feet of

unenclosed dining and service areas.

(c) Within twenty (20) feet in any direction from the primary entrance or exit to any

enclosed public place.

(d) Within twenty (20) feet in any direction from the primary entrance to any multi-

family unit.

(e) At any special event. This includes any enclosed or unenclosed special event,

whether held on public or private property, and within a distance of twenty (20) feet around the perimeter and primary entrance to the area occupied by event participants.

[History: Ord. 782, 8/22/18; Ord. 790, 3/13/19]

Notwithstanding any other provision of this chapter any owner, proprietor, manager or other person who controls any place described in this section may declare their entire property as nonsmoking.

[History: Ord. 782, 8/22/18]

Each owner, operator, manager or other person having control of public places within which smoking is regulated by this chapter shall conspicuously post “No Smoking” and/or “No Smoking within 20 feet of entrance” signs with letters not less than one inch in height or the international “No Smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. At least one sign shall be placed at the entrances to every applicable facility or unenclosed area.

[History: Ord. 782, 8/22/18]

(a) It is the responsibility of the City Manager or his/her designee to enforce the provisions of this chapter.

(b) Any owner, manager, operator or employer of any establishment or property

subject to this chapter shall have the responsibility to inform any apparent violator, whether

Smoking Control Page 3 of 4 (March 2019)

public or employee, about any smoking restrictions in said establishment or on the property. In the case of public property, the City Manager or his/her designee shall have the responsibility to inform any apparent violator about any smoking restrictions on public property.

(c) Any citizen who wishes to register a complaint hereunder may do so in writing

addressed to the City Manager or his/her designee.

(d) Notice of these requirements shall be given to every new business license

applicant.

[History: Ord. 782, 8/22/18]

(a) It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions.

(b) It is unlawful for any person to smoke in any area where smoking is prohibited

by the provisions of this chapter.

(c) It is unlawful for any person who owns or controls premises subject to the

prohibitions of this chapter to fail to post sign(s) as required by this chapter.

(d) A violation of section 2.08.030 is a misdemeanor, punishable as set forth in subchapter 1.05 of the Colma Municipal Code.

(e) A violation of any other provision of this subchapter is an infraction, punishable as set forth in subchapter 1.05 of the Colma Municipal Code.

(f) A violation of this subchapter shall also be deemed to be a public nuisance under section 2.01.060 of the Colma Municipal Code, and may be abated pursuant to the procedures set forth in subchapter 2.01 of the Code. Notwithstanding any other provision in subchapter 2.01: the authority granted the Code Enforcement Officer in subchapter 2.01 may also be exercised by a Colma peace officer.

[History: Ord. 782, 8/22/18]

The City Manager or his/her designee shall engage in a continuing program to explain and clarify the purposes of this chapter to citizens affected by it and guide owners, operators and managers in their compliance with it.

[History: Ord. 782, 8/22/18]

Smoking Control Page 4 of 4 (March 2019)

CHAPTER TWO: PROHIBITED ACTIVITIES

Subchapter 2.09: Safe Storage of Firearms in a Residence

The provisions of this subchapter shall apply within the jurisdictional boundaries of the Town of Colma.

[History: Ord. 803, 12/9/20]

For the purpose of this subchapter, the following words shall have the meaning set forth herein:

(a) “Firearm” means a firearm as defined in California Penal Code Section 16520.

(b) “Locked Container” means a locked container, as defined in California Penal Code, Section 16850, listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. For purposes of this subchapter, a locked container does not include a bag or other container made of fabric or other penetrable material, such as a regular purse, backpack, or gym bag.

(c) “Residence” means any structure intended or used for human habitation, including but not limited to, houses, condominiums, rooms, accessory dwelling units, motels, hotels, single room occupancy units, time shares, recreational vehicles, and other vehicles where human habitation occurs.

(d) “Trigger lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635.

[History: Ord. 803, 12/9/20]

(a) Except when carried on the person, no person shall keep a firearm in any residence unless the firearm is stored in a locked container or is disabled with a trigger lock.

(b) To encourage reporting of lost or stolen firearms, a person who complies with California Penal Code Section 25250 by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be prosecuted for violation of subsection (a).

Safe Storage of Firearms Page 1 of 2 (December 2020)

A violation of any provision of this subchapter is an infraction, punishable as set forth in subchapter 1.05 of the Colma Municipal Code. It can also be enforced through the Administrative Citation process contained at Colma Municipal Code Section 2.01.090(c).

[History: Ord. 803, 12/9/20]

Safe Storage of Firearms Page 2 of 2 (December 2020)

Item #4

ORDINANCE NO. [X]

OF THE CITY COUNCIL OF THE TOWN OF COLMA

ORDINANCE AMENDING SUBCHAPTER 2.10 OF THE

COLMA MUNICIPAL CODE RELATING TO FIREWORKS PURSUANT TO CEQA GUIDELINES 15061(B)(3), 15307, AND 15308

The City Council of the Town of Colma does ordain as follows: