7-5 REFUSE DISPOSAL SITES. [2]

2 Editor’s Note: For the statutory provisions regarding dumping sites, see Health and Safety Code §4260.

This section shall be known as and may be designated as the “Refuse Disposal Site Ordinance of the Town of Danville.” (Ord. #15, §1[4])

It is declared by the Town Council that the disposal of refuse is affected by the public interest. Such activity is a useful and necessary occupation and essential to the economic life and welfare of the Town. At the same time, such activity has a tendency to and often becomes a nuisance. Refuse stored may be a fire hazard from spontaneous or accidental combustion; refuse disposal sites may become habitats for rodents, mosquitoes and pests; refuse disposal sites may be unsightly and offensive to the senses and may interfere with the comfortable and enjoyable use of land in the vicinity. The public interest, the protection of the public health, safety and welfare, the conservation of property values, and the encouragement of the orderly development of the Town require that the establishment of sites for the disposal of refuse be regulated (Ord. #15, §1[4])

Person shall have the meaning in Chapter I, Section 1-2, but also includes public or governmental entities and agencies and their officers, employees and agents.

Refuse shall mean garbage, combustible or noncombustible waste, and putrescible solid or liquid wastes originating from household, business, commercial or industrial activity, including sewage, sewage effluent, sewage sludge, or any admixture of any of these substances with another of them or with any other substance.

Refuse disposal site shall mean any property in the Town of Danville used or intended for use for disposal of refuse.

Sewage shall mean liquid or solid waste substance, together with any groundwater, surface water, or stormwaters that may be present, which is associated with human or animal habitation or activity, or which contains or may be contaminated with human or animal excrement or offal, and includes wastewater, wastewater effluent, sewage sludge, and/or supernatant liquid.

(Ord. #15, §1[4])

No person shall establish or maintain a refuse disposal site in the Town without first obtaining and holding a valid unrevoked permit therefor, as provided in this section. (Ord. #15, §1[4])

Any permit issued under any prior ordinance is contained in effect by the operation of this section for the purposes of subsection 7-5.4 subject to the provisions of this section and subject to such regulations as may be established from time to time for operation under such permits. Existing refuse disposal sites not located in land use districts as herein required may continue as non-conforming uses as specified in Chapter XXXII, Planning and Land Use. (Ord. #15, §1[4])

The owner, lessee or operator of any premises located in a heavy industrial (H-1) land use district, a general agricultural (A-2) land use district, or a heavy agricultural (A-3) land use district may apply for a permit, pursuant to this section, to the Planning Department. At the time of filing such application, the applicant, shall pay a filing fee of two hundred fifty ($250.00) dollars. (Ord. #15, §1[4])

a. In considering an application for a permit, the Planning Commission and the Town Council shall consider the health, safety, and welfare of the people of the Town, the orderly development of property in the Town, the preservation of property values, the protection of the tax base, the effect upon the neighborhood, the likelihood of a nuisance being created, the effect upon the Master Plan of the Town, special conditions or exceptional characteristics of the property, and its location or surroundings.

b. The Town Council, with the advice of the Health Officer, after hearings shall adopt by resolution regulations for operations of all refuse disposal sites. When such regulations are adopted by resolution of the Council, they shall become requirements of this section as though incorporated herein and shall control the operation of all sites. Such regulations after

hearings may be modified from time to time as the public interest may require and when notice of such modified regulations has been given they shall constitute conditions for continued operation under permits.

c. The Planning Commission and Town Council shall, before granting any permit, request the advice of the Health Officer and other appropriate Town officers. Such officers shall investigate the application and the proposed site and submit a written report of their findings, recommendations and such special conditions or proposed regulations reasonably necessary to assure that operation of the particular refuse disposal site will not constitute a public nuisance. The Town Council in finally approving a permit may prescribe special conditions or special regulations as deemed necessary for the particular site.

d. No permit shall be issued until the applicant furnishes a surety company bond in the penal sum of ten thousand ($10,000.00) dollars, the condition of which shall be that if the permittee complies with all the provisions of this section, regulations and any conditions which may be imposed upon the permit, the bond is to be void; otherwise, the bond is to be in full force and effect to insure the payment of any fine which may be imposed upon the permittee, any costs of suit to obtain the abatement of a public nuisance, or to pay any judgment rendered against the permittee in favor of the Town, all within the limits of the bond. Such bond may be waived by the Council if the applicant is a public agency. No additional bond shall be required on an expanded site.

(Ord. #15, §1[4])

a. Upon receiving an application the Planning Department shall schedule a public hearing before the Planning Commission and shall cause a notice thereof to be posted and published in accordance with the requirements of Chapter XXX.

b. Such hearing may be continued from time to time as determined necessary by the Commission but final decision thereon shall be rendered within sixty (60) days from the date of the hearing unless the applicant consents to extension thereof.

c. The decision of the Planning Commission together with findings, reports and special conditions recommended, if any, shall be transmitted to the Town Council for final decision.

d. The Council in considering the application may decide the application on the basis of the record submitted by the Planning Commission by adopting the report as submitted or modify or add conditions. In the event the Town Council determines that the public interest requires further investigation, the Council may order a public hearing and notice thereof shall be given in the same manner as for the hearing before the Planning Commission.

(Ord. #15, §1[4])

a. The Health Officer is designated as the enforcement officer for assuring compliance with the permit. Authorized inspectors from the department shall have the right at all reasonable times to inspect the premises.

b. Written notice of the violation of any condition shall be given the permittee and a reasonable time specified for correction of the deficiency. If the violation is not corrected within the time specified the Health Officer may cause the deficiency to be corrected and the cost thereof shall be charged to the permittee and if unpaid for a period of ten (10) days after demand it shall become a lien against the property collectible in the same form and manner as the collection of taxes and shall be chargeable against the bond and subject to recovery by civil suit.

(Ord. #15, §1[4])

A permit issued pursuant to this section may be revoked for any of the following causes:

• a. If the permittee has violated any provision of this section;

• b. If the permittee has continued a violation of any of the conditions of his permit after reasonable notice of such violation;

• c. If the permittee has caused or permitted any public nuisance in connection with the permitted premises.

• d. If the permittee violates any law regulating the operation of the permitted premises.

e. A permit may be revoked by the Town Council if it finds that cause exists for such revocation after a hearing of which notice shall be given to the permittee by certified mail, postage prepaid.

(Ord. #15, §1[4])

After determination by the Council that a public nuisance exists, the City Attorney shall commence such action or proceedings as may be necessary and convenient to abate the nuisance. (Ord. #15, §1[4])

7-6 TOBACCO RETAILING, ADVERTISING, PROMOTION AND LICENSING.

7-6.1 Definitions.

The following words and phrases, whenever used in this Section 7-6, shall be construed as defined herein:

Advertising display sign means any sign, billboard, signboard, poster, placard, pennant, banner, graphic display, mural, or similar device that is used to advertise or promote a product.

Characterizing flavor means a distinguishable taste or aroma imparted by a tobacco product or any byproduct produced by the tobacco product that is perceivable by an ordinary consumer by either the sense of taste or smell, other than the taste or aroma of tobacco. A “characterizing flavor” includes, but is not limited to, a taste or aroma relating to a fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice.

Electronic smoking device shall mean an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances. An “electronic smoking device” includes a device that is manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, or a vapor pen.

E-liquid means any substance that is intended to be consumed in aerosolized or vaporized form using an electronic smoking device, regardless of the nicotine content of the substance.

Flavored tobacco product means any tobacco product, other than cigarettes as defined by federal law, that contains a constituent that imparts a characterizing flavor. A tobacco product whose labeling or packaging contains text or an image indicating that the product imparts a characterizing flavor is presumed to be a flavored tobacco product.

Mobile billboard means any sign, billboard, signboard, poster, placard or other advertising display upon or affixed to a vehicle which display is used to advertise a product illegal to sell to minors, when the supporting vehicle or trailer is parked within a public right-of-way or on private property and visible to the public for a duration of time and in a manner which clearly indicted that the sign is for advertising products illegal to sell to minors or which carry a specific brand name, logo, or indicia of a product illegal to sell to minors. For the purpose of this section, a mobile billboard shall not include any advertisements on the side of a van, truck, or other vehicle which is primarily used for the transportation of goods or products.

Person means any individual, firm, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.

Promote or promotion means a display of any logo, brand name, character, graphic, artwork, colors, scenes, or designs that are a recognized image of a particular product brand of tobacco that calls the public’s attention to the product brand.

Publicly visible location means any outdoor location that is visible from any street, sidewalk, or other public thoroughfare, or any location inside a commercial establishment that is in or immediately adjacent to a window or doorway and is visible from any street, sidewalk, or other public thoroughfare.

Smoking paraphernalia shall mean cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the consumption or preparation of tobacco or cannabis products; electronic smoking devices and items specifically designed for the preparation, charging, or use of electronic smoking devices including cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other electronic smoking device paraphernalia.

Tobacco product means any of the following:

1. Any product containing, made from, derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff, including flavored tobacco products.

2. Any electronic smoking device.

3. Any component, part, or accessory of a tobacco product, whether or not it is sold separately.

4. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for that approved purpose.

Tobacco retailer means any person or entity that sells tobacco, tobacco products, electronic smoking devices, smoking paraphernalia, or any combination thereof, including retail or wholesale sales. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products or smoking paraphernalia sold, offered for sale, exchanged, or offered for exchange.

Town Manager means the Town Manager for the Town of Danville or his or her designee.

(Ord. 99-6, §3: Ord. 2020-01, § 2)

7-6.2 Restriction on Advertising of Tobacco Products.

No person shall place or maintain, or cause or allow to be placed or maintained, in any manner, any advertising or promotion of any tobacco products, including flavored tobacco products, on an advertising display sign in a publicly visible location within one thousand six hundred (1,600) feet of the perimeter of an elementary or secondary school, public park or public playground. (Ord. 99-6, §3: Ord. 2020-01, § 2)