Hesperia Municipal Code Ch. 1.04 General Provisions

Neither the adoption of this code nor the repeal hereby of any ordinance of the city shall in any manner affect the prosecution for violation of any ordinance, which violation was committed prior to the effective date hereof, nor shall the same be construed as a waiver of any permit, license, fee, charge or penalty at such effective date required or due and unpaid under such ordinance, nor shall the same be construed as affecting any of the provisions of such ordinance relating to the collection of any such fee, charge or penalty, or the penal provisions applicable to any violation thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(Added during 1997 codification)

No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedures thereafter taken therein shall conform to the provisions of this code so far as possible.

(Added during 1997 codification)

No rights given by any license or certificate under any ordinance repealed by this code are affected by the enactment of this code, or by such repeal, but such rights shall hereafter be exercised according to this code.

(Added during 1997 codification)

The headings of the part, title, chapter, section and subsection headings contained in this code are intended to indicate the contents thereof and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent thereof.

(Added during 1997 codification)

A. Definitions. As used in this code:

"Abandoned vehicle" means a vehicle which is located on public or private property without the express or implied consent of the property owner or person in lawful possession or control of the property.

"Abatement" means to complete all corrective work for the removal of a violation with all required permits, city approvals and inspections.

"Abatement costs" includes actual, administrative and incidental costs incurred by the city during the abatement of a nuisance by the city, or its agents or representatives.

"Above-ground/On-ground Pool." See definition of swimming pool.

"Abused animal" shall mean any animal which is mistreated, beaten, tormented or teased, or is deprived of water or food or shelter or otherwise not properly cared for; or is kept under unsanitary or unsafe conditions; or is abandoned; or is trained for fighting other animals.

"Activity or using agency" means any department, agency or other unit of city government which derives its support wholly or in part from the city.

"Acts or Omissions." This code shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution, any law, or by reason of ownership or control of property. Whenever any act or omission is made unlawful, it includes causing, permitting, aiding, abetting, suffering or concealing such act or omission.

"Adequate water" shall mean that a constant access to a supply of clean, fresh, potable water is provided in a sanitary manner.

"Administrative Board" means the Hesperia Planning Commission, or other entity as designated by the city council.

"Adoptable animal" shall include only those cats and dogs eight weeks of age or older that have manifested no sign of behavioral or temperamental defect that could pose a public health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, congenital or hereditary condition that adversely affects the health of the animal, or that is likely to adversely affect the animal's health in the future. "Adoptable" also means that the animal has been held at the animal shelter for the period of time specified by law.

"Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

"Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

2. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities";

3. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."

"Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features;

1. Persons who appear in a state of nudity; or

2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult motel" means a hotel, motel or similar commercial establishment which:

1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

2. Offers a sleeping room for rent for a period of time that is less than ten hours; or

3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

"Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction of "specified sexual activities," "specified anatomical areas," or persons in a state of nudity.

"Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

"Aerosol paint container" means any aerosol container, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

"Alley" means a public thoroughfare, not exceeding twenty-five (25) feet in width for the use of pedestrians and/or vehicles, which affords only a secondary means of access to the abutting property.

Amendments. Whenever a reference is made to any portion of this code or to any ordinances of the city, the reference applies to all amendments and additions now or hereafter made.

"Animal" unless otherwise stated, includes birds, fish, non-human mammals, reptiles, and amphibians.

"Animal control officer" means any person duly authorized by the city manager to perform the functions of animal control.

"Animal menagerie" means any place where wild animals are kept or maintained for private or commercial purposes, including places where wild animals are boarded, trained or kept for hire.

"Animal shelter" means the Hesperia Animal Shelter. The term "city pound" as may be used in this title or this code shall mean the "animal shelter."

"Animal waste" means manure, fertilizer, or any form of solid excrement produced by any and all forms of animals or commercial livestock.

"Apiary" means any structure used to house or attract bees.

"Attractive nuisance" means any condition which may prove detrimental to a person under eighteen (18) years of age that could result in bodily harm or involuntary confinement to said person, whether in a building, on the premises of a building, or on an unoccupied lot. This may include but not be limited to any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

"Banner." In addition to the meanings ordinarily ascribed thereto, the term "banner" shall include any article of display, advertising or decorative matter, including but not limited to Christmas, Easter and other holiday festoons on, over, along or across any highway or highway right-of-way.

"Bar" means an area which is devoted primarily to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term bar shall not include the restaurant dining area.

"Barrier" means a fence, wall, building wall, or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, spa or hot tub. When approved by the enforcement agency, barriers may also incorporate natural or manmade features, such as topography, waterways, restricted areas and similar features including geographically isolated areas which provide an effective access barrier to the pool area.

"Base flood" means a flood having a one percent chance of being equaled or exceeded in any given year (also called one hundred (100) year flood).

"Basement" means an area of a building having its floor subgrade, below ground level, on all sides.

"Bin" means any solid waste container of a capacity exceeding one hundred (100) gallons and generally unmovable by just one individual (i.e., a "dumpster") that is provided by the city's franchisee.

"Bingo" means a game of chance in which prizes are awarded by designated numbers or symbols on a card which conform with numbers or symbols selected at random.

"Blinder rack" means a display device which provides a covering in front of the display matter so that the lower two-thirds of the materials are not exposed to view.

"Blinker light" means a light whether colored or uncolored which emits an intermittent light.

"Boarding and breeding kennel" means a kennel in which dogs are kept for boarding, breeding, training, marketing, or other purposes.

"Boarding kennel" means a kennel in which dogs owned by persons other than the kennel owner/operator are being cared for.

"Body art" means body piercing, tattooing, branding, or application of permanent cosmetics.

"Body art facility" means the specified building, section of a building or vehicle in which a practitioner performs, or demonstrates for the purpose of instruction, body art, including reception areas, the procedure area, and the decontamination and sterilization area. "Body art facility" does not include a facility that only pierces the ear with a disposable, single-use, pre-sterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

"Body piercing" means the creation of an opening in a human body for the purpose of inserting jewelry or other decoration. "Body piercing" includes, but is not limited to, the piercing of an ear, including the tragus, lip, tongue nose, or eyebrow. "Body piercing" does not include the piercing of the ear with a disposable, single-use, presterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

"Branding" means the process in which a mark or marks are burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar.

"Breeding kennel" means a kennel in which dogs are kept for the primary purpose of breeding.

"Building and/or structure." In addition to the meanings ordinarily ascribed thereto, the term "building and/or structure" includes any machine, implement, device, article of manufacture, tree, derrick, stage or other setting, lumber, sash or door, structural steel, dynamo, transformer, generator, press, industrial tooling, agitator, object or thing having a width of more than eight feet, other than any implement of husbandry or any special mobile equipment, as deemed in the California Vehicle Code having a width of ten feet or less.

"Building code" is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.

"Bulky waste" means oversized or overweight household articles placed curbside by a residential tenant or owner, which oversized or overweight household articles have weight, volumes or dimensions which cannot be accommodated by solid waste containers for single-family or multifamily residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs and large rugs or other similar large items.

"Bus loading zone" means that space adjacent to a curb or edge of a roadway reserved for the exclusive use of busses during the loading or unloading of passengers.

"Business" means a commercial or public entity including, but not limited to, a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, strip mall, school, school district, special district, federal, state, local, regional agency or facility. "Business" also includes a multi-family complex or mobile home park of five or more units.

"Cable service" means the one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, "video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and "other programming service" means information that a cable system operator makes available to all subscribers generally.

"Cable system operator" means any person or group of persons:

1. Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or

2. Who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system.

"Cable system," or "cable communications system" or "cable television system," means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. The term "cable system" does not include:

1. A facility that serves only to retransmit the television signals of one or more television broadcast stations;

2. A facility that serves subscribers without using any public right-of-way;

3. A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Telecommunications Act of 1996, except that such facility will be considered a cable system (other than for purposes specified in Section 621(c) of the 1984 Cable Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;

4. An open video system that complies with Section 653 of Title VI of the Telecommunications Act of 1996; or

5. Any facilities of an electric utility that are used solely for operating its electric utility system.

California Massage Therapy Council. The term California Massage Therapy Council (CAMTC) shall mean the massage therapy organization responsible for certification of the massage therapists or massage practitioners. The CAMTC or massage therapy organization was created pursuant California Business and Professions Code Sections 4600 thru 4620.

"Cart" means any molded solid waste container provided by franchisee of a size not to exceed ninety-five (95) gallons with two or more wheels for easy carting by an individual.

"Cat" means all domesticated felines.

"Cattery" means a place where eight or more cats are kept. The term cattery shall not apply to animal shelters operated by governmental agencies nor shall it apply to veterinary hospitals.

A cattery is subdefined as follows:

1. "Breeding cattery" means a cattery in which more than four cats are kept for the primary purpose of breeding.

2. "Boarding cattery" means a cattery in which cats owned by persons other than the cattery owner/operator are being cared for.

3. "Boarding and breeding cattery" means a cattery in which cats are being kept for boarding, breeding, marketing or other purposes.

"_____ CFR Section _____" means the Code of Federal Regulations. Thus, the citation of "47 CFR 80.1" refers to Title 47, part 80, section 1, of the Code of Federal Regulations.

"Chapter" means a chapter of this title, unless the chapter of some other division or law is indicated.

"Charitable purposes" means filming or video taping for a motion picture or television production conducted by an organization in which no individual either directly or indirectly receives a profit from the production, marketing or showing of the films or tapes.

"Chief of police" means the highest ranking officer in charge of the city's police department, whether contracted or city operated.

"City" means the city of Hesperia, a municipal corporation formed and operating pursuant to the laws of the State of California.

"City clerk" means the city clerk of the city.

"City council" or "council" is the city council of the City of Hesperia.

"City manager" means the city manager of the City of Hesperia or his designated agent.

"City" or "this city" means and shall be construed as if followed by the words "of Hesperia."

"Code enforcement" means the personnel within the code enforcement division.

"Code enforcement action" means any action undertaken for the enforcement of this code.

"Code enforcement officer" means the city manager for the city or his/her designee in the enforcement of any provision of this code.

"Code" or "this code" means the Hesperia Municipal Code.

"Code violation" means any violation of this code.

"Collector" means and includes the city manager of the City of Hesperia or any person or persons designated by the city manager to act in that capacity.

"Combustible vegetation" shall mean tumbleweeds (Russian Thistle), weeds, dead limbs within six feet of the ground, dead trees and plants or plant debris, dry grasses over four inches in height.

"Commercial or industrial establishment" means, for the purpose of this chapter, all commercial and industrial sites including the following, but not restricted to retail and wholesale stores, factories, service shops, hospitals, convalescent home, construction material, hotels, motels, restaurants, office complexes,apartment complexes, condominiums and townhouses, mobile home parks, trailer courts, and all other types of multi-family dwellings; however, not included: all units considered residential as defined by this chapter.

"Commercial/industrial business owner" means any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, non-residential premises, whether or not it is the holder of the title or the owner of record of the non-residential premises.

"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator. Food recovery organizations and food recovery services are not commercial edible food generators.

"Commission" means the Public Utilities Commission of the state.

"Committee" means the Hesperia city council advisory committee as set forth in this code.

"Communications Act" means the Communications Act of 1934 (47 U.S.C. Sections 153, et seq.), as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996.

"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4).

"Completion" means the earliest of the following dates: The date a temporary certificate of occupancy is issued by the city for a project, the date a certificate of occupancy is issued by the city for a project, or the date the final city inspection approving the project is completed.

"Computation of time" means the time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.

"Congregate residences" is any building or portion thereof which contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.

"Construction material" means all waste material and rubbish from the construction, alteration, repair, moving and demolition of buildings or production and development of property by real estate or commercial agents, contractors, or commercial agents, contractors, or manufacturing process which are handled by the utilization of roll-off receptacle or any other type of enclosed receptacle.

"Construction or demolition" means all building, landscaping, remodeling, room additions, renovations, demolition or destruction of any facility or structure located in the city, or any portion thereof, including but not limited to, any tenant improvements to an existing facility or structure and including the use or disposal of designated recyclable and reusable materials.

"Construction or demolition waste" ("C&D") means any solid waste, inert building materials or debris used, discarded or generated as the result of construction, renovation, remodeling, repair, cleanup or demolition operations, including without limitation, asphalt, concrete, cement, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, steel, discarded packaging or containers and other waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

"Construction site" means any location where grading, construction of structures, remodeling, manufactured building setdown, renovation or any other work subject to the issuance of grading or building permit is occurring.

"Construction site maintenance" means the routine continuous maintenance of the construction site in order to adequately contain the storage of trash, rubbish or debris and maintain a clean and safe construction site.

"Construction site trash, rubbish or debris" means any container, wrapper, crate or packaging that accompanies the construction material, any surplus or residual construction material brought to or originating at the construction site, and any other residual materials used by the construction workers and brought to the site.

"Container" or "solid waste container" interchangeably means a bin or cart used for solid waste collection.

"Conversion rate" means the rate set forth in the standardized conversion rate table approved by the city pursuant to this title for use in estimating the volume or weight of materials identified in a waste management plan.

"Cottage food operation" means an enterprise that has not more than the amount in gross annual sales that is specified in this subdivision, is operated by a cottage food operator, and has not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this part. In 2013, the enterprise shall not have more than thirty-five thousand dollars ($35,000.00) in gross annual sales in the calendar year. In 2014, the enterprise shall not have more than forty-five thousand dollars ($45,000.00) in gross annual sales in the calendar year. Commencing in 2015, and each subsequent year thereafter, the enterprise shall not have more than fifty thousand dollars ($50,000.00) in gross annual sales in the calendar year.

"Council" or "city council," as used in this code, means the city council of the City of Hesperia.

"County" means the County of San Bernardino.

"Covered project" means and includes any project located in the city which consists of one or more items as defined by Title 8.

"Crime Prevention Through Environmental Design (CPTED)"shall mean the nationally recognized Crime Prevention Through Environmental Design program, as may be amended from time to time.

"Day" is the period of time between any midnight and the midnight following.

"Daytime" means the period of time between sunrise and sunset.

"Deputy." Whenever a power is granted to or a duty is imposed upon a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee, or by a person otherwise duly authorized pursuant to law or ordinance, unless this code expressly provides otherwise.

"Destination" or "destinations": means either a single delivery or several deliveries, or the designated, permitted parking site of the permittee.

"Development" is defined for the purposes of this chapter as the construction or the enlargement of any primary use building.

"Director" means the city manager or his/her designee.

"Dismantled" means that integral component parts necessary to operate the vehicle on a highway, roadway or public street have been removed from the vehicle.

"Distribution lines" are defined for the purposes of this chapter as those electrical utility conductors which are energized at thirty-four thousand five hundred (34,500) volts or less, telephone, cable or other utility lines that supply utility product to "service lines."

"Diversion requirement" means the state-mandated diversion of the total construction and demolition debris generated by a project through reuse or recycling, unless an exemption has been given pursuant to Section 8.04.520, in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan (WMP) compliance official for the project.

"Divert" means to use material for any purpose other than disposal in a landfill or transformation facility.

"Dog" means any member of the canine species canus familiaris, commonly domesticated by man.

"Domestic animal" means an animal or fowl which has historically and commonly been tamed for the use of man.

"Driver" means any person driving a taxicab either as owner or under the direction, employment control, or service of the owner as herein defined.

"Edible food" means food intended for human consumption.

"Efficiency dwelling unit" is a dwelling unit containing only one habitable room.

"Electrical code" is the National Electrical Code promulgated by the National Fire Protection Association, as adopted by this jurisdiction.

"Electronic waste" means "covered electronic waste" as defined in Section 42463 of the Public Resources Code and other discarded electronic equipment commonly known as "brown goods" such as, but not limited to, CD players and recorders, DVD players and recorders, stereos, computers, printers, keyboards, and peripherals.

"Eligible organizations" is an organization exempted from the bank and corporation tax by the California Revenue and Taxation Code and would include the following:

1. Labor, agricultural and horticultural organizations exempted under Section 23701(a);

2. Fraternal beneficiary societies, orders or organizations exempted under Section 23701(b);

3. Religious, charitable, scientific, educational, amateur sports or humanitarian organizations exempted under Section 23701(d);

4. Business leagues, Chambers of Commerce, real estate boards and boards of trade exempted under Section 23701(e);

5. Civil leagues, social welfare and employers organizations exempted under Section 23701(f);

6. Nonprofit pleasure and recreation clubs exempted under Section 23701(g);

7. Domestic fraternal societies, orders or associations exempted under Section 23701(1).

"Emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat.

"Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress.

"Encroachment" means and includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand, or building, or any structure or object of any kind or character not particularly mentioned in this division, which is placed in, under, or over any portion of the city property and/or right-of-way.

"Escort" means any person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a "striptease" for another person. Escort shall not include any person hired by a state licensed school for purposes of modeling in any art education class, while such person acts in that capacity.

"Escort agency" means a person or business entity which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for any form of consideration.

"Establishment" means and includes any of the following:

1. The opening or commencement of any sexually-oriented business as a new business;

2. The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;

3. The addition of any sexually-oriented business to any other existing sexually-oriented business; or

4. The relocation of any sexually oriented business.

"Excavation" means digging or removing soil, rocks, gravel, sand or related materials from a site including, but not limited to, such work as is customarily performed in connection with the construction of buildings.

"Exclusive solid waste handling services" means any action by the city, whether by franchise, contract, license, permit or otherwise whereby the city council has the exclusive right to provide solid waste handling services within the city limits.

"Exhibit" means to show.

"Exotic animal" means any animal belonging by nature or origin to another part of the world or any animal not normally kept as a pet or livestock animal.

"Facility" means any public roadway, utility, public street, public way, or public place in the city, owned or maintained by the city, or dedicated to the public for the purpose of travel.

"Fats, oils and grease (FOG)" means any vegetable or animal product that is used in or is a by-product of the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.

"Fats, oils, and grease control program" refers to a document adopted by an ordinance of the city council providing procedural guidelines to implement the purpose and intent of chapter 14.53.

"FCC" or "Federal Communications Commission" means the federal administrative agency, or any lawful successor, that is authorized to regulate telecommunications services and telecommunications service providers on a national level.

"Felt tip marker" means any tipped style marker or similar implement with a tip which, at its broadest width is one-eighth inch or greater.

"Film" or "filming" means and includes, but shall not be limited to, feature motion pictures, video tapes, television, motion pictures, and commercials.

"Finance department" means the management services department of the city.

"Fire hazard" shall mean combustible vegetation found adjacent to improved property, along easements and within ten feet of a roadway; tumbleweeds regardless of the distance from structures; combustible rubbish such as furniture, paper and cardboard, yard clipping, leaves, dead trees or tree trimmings, unstacked wood or lumber, tires, construction or demolition debris; portions of trees within ten feet of a chimney outlets; leaves, needles or other dead vegetation found on the roof of a structure that create a danger to public health, safety and welfare.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood provides, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of flood waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) the collapse or subsidence of land along the shore of any lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

"Floodplain management regulations" means federal, state and local regulations which provide standards for the purpose of flood damage prevention and reduction, including the zoning ordinance, the subdivision ordinance, building codes, health regulations, grading and erosion ordinances, and other ordinances or regulations implementing the police power given the city.

"Floodproofed" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures and their contents.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

"Food recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed.

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.

"Food service establishment (FSE)" means a place where food is prepared and served and/or sold for consumption by the public and includes commercial and non-commercial establishments.

"Franchise" means an initial authorization, or the renewal of an initial authorization, issued by the city council, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction or operation of a cable system.

"Franchise fee" means any fee or assessment of any kind that is authorized by state or federal law to be imposed by the city on a grantee as compensation in the nature of rent for the grantee's use of the public rights-of-way. The term "franchise fee" does not include:

1. Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services);

2. Capital costs that are required by the franchise to be incurred by grantee for public, educational, or governmental access facilities;

3. Costs or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or

4. Any fee imposed under Title 17, United States Code.

"Franchise service area" or "service area" means the entire geographic area of the city as it is now constituted, or may in the future be constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise agreement.

"Franchisee" as stated in this chapter, means a solid waste handler authorized by the city council to collect solid waste within the city pursuant to Title 8.

"Fuel load reduction" shall mean combustible vegetation that is cleared away from structures for a distance that is determined to prevent ignition of either a structure or the vegetation, should the other burn or combustible vegetation existing away from the immediate area of the structure that if not thinned and pruned will allow a fire to be carried toward or away from the structure.

"Gambling" means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under a person's control or influence, upon an agreement or understanding that the individual or someone else will receive something of value in the event of a certain outcome.

"Gambling device" means an instrumentality, contrivance, or apparatus reasonably designed and intended for the playing of a game for a reward of money or something of value for the player in which chance is a substantial factor.

"Garage sales" means the sale of personal property (excluding motor vehicles) in, at or upon any residentially occupied parcel, or lot, and/or any parcel or lot occupied by any religious, social or charitable organizations. Garage sales shall include, but are not limited to, any "yard sale," "home sale," "patio sale," or other similarly conducted sale.

Gender. The masculine gender includes the feminine and neuter.

"Goods" means and includes wares or merchandise.

"Grade" means the underlying surface such as earth or a walking surface.

"Graffiti" means any inscription, word, figure or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent the same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the city council to be a public nuisance.

"Graffiti implement" means an aerosol paint container, a felt tip marker, or any other device containing any solution or substance capable of being used to leave a visible mark at least one-eighth of an inch in width upon any surface.

"Grantee" means any person that is awarded a franchise in accordance with this title, and that person's lawful successor, transferee, or assignee.

"Grease pre-treatment device" means any device that reduces excessive amounts of fats, oils, and grease prior to discharge into the wastewater collection system.

"Green waste" or "yard waste" means leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens. "Green waste" or "yard waste" does not include stumps or branches exceeding three inches in diameter or three feet in length, unless they are reduced to a chipped form.

"Gross annual cable service revenues" means the annual gross revenues derived from the grantee's operations of its cable television system within the city, excluding uncollected bad debt, refundable deposits, rebates or credits, and further excluding any sales, excise, or other taxes or charges that are required to be collected for direct pass-through to the local, state or federal government. Revenues identified and collected from subscribers as franchise fees may not be excluded from a grantee's gross annual cable service revenues.

"Guard dog" means any dog used for the purpose of guard duty.

"Harmful matter" means as such term is defined in California Penal Code Section 313(a).

"Hawking" means offering personal property or products of any kind for sale on any public property or public right-of-way or on private property by attracting the attention of persons by any means including, without limitation, the display of any personal property or the use of signs, horns, labels or signals.

"Hazardous waste" means and includes extremely hazardous waste or infectious waste as such terms are defined by the California Health and Safety Code Sections 25100 et seq., or as such is defined by regulations promulgated under said sections or by the California State Department of Health Services.

Health Officer. The term "health officer" means an officer of the San Bernardino County Department of Environmental Health Services or such other authority as designated by the city council.

Hot Tub. See definition of spa.

"Hot water" is hot water supplied to plumbing fixtures at a temperature of not less than one hundred ten (110) degrees.

"Hotel" means any building or portion thereof containing six or more guest rooms, designed for and/or used by six or more guests for compensation on a daily basis, and with no provision for cooking in any individual room or suite, but not including those facilities defined as social care facilities. Such establishments provide lodging and usually meals, various personal services and sometimes entertainment and recreational opportunities.

"Immediate hazard" shall mean an extreme fire hazard which constitutes an immediate threat to public health, safety and welfare.

"Impoundment" means the picking up of an animal by a duly authorized person and bringing same into an animal shelter for confinement, custody and disposition.

"In the city" means and includes all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

"In-ground pool." See definition of swimming pool.

"Inoperable" means the vehicle is absent a motor, transmission, wheels or any other part or equipment necessary to operate safely on a highway, roadway or public street.

"Inoperative vehicle" is any vehicle that is missing any part, component, or equipment that would prevent the vehicle from being driven under it's own power or prevent said vehicle from being operated legally and safely on a highway, roadway, or public street, or any vehicle not currently licensed, smog certified, and/or registered.

"Joint authority." All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

"Junk dealer" means any person having a fixed place of business and conducting, managing or maintaining any place where secondhand and used personal property including, without limitation, used machinery, scrap automobiles, tools, equipment, implements, or parts or portions thereof, are gathered together, stored, purchased, or kept for collection, shipment, sale, or transfer.

"Junked" means a vehicle which has been destroyed or damaged to such an extent that it is non-repairable.

"Kennel" means a place where eight or more dogs over four months of age are kept. The term "kennel" shall not apply to animal shelters operated by governmental agencies, or nonprofit societies for the care of stray dogs nor shall the term apply to veterinary hospitals.

"Lease agreement" shall mean any agreement, in writing or verbal, between two parties wherein the exchange of goods, services, or monetary compensation is stated in exchange for occupying a residential rental unit.

"Licensed dismantler's yard" means premises used for dismantling or wrecking of vehicles, where there is buying, selling or dealing in such vehicles, their integral parts, or component materials thereof, and the sale of dismantled, partially dismantled, wrecked or inoperative vehicles.

"Licensee" means a person in whose name a license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a license.

"Lien sale" means a sale of a vehicle to obtain legal ownership of a vehicle under title or requiring registration, under the California Vehicle Code.

"Livestock" means and includes all domesticated bovine, equine, caprine, ovine, and porcine species.

"Loading zone" means the space adjacent to a curb or edge of a roadway reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

"Local bidder" means a person, firm, partnership or corporation considered to be a "point of sale" within the city pursuant to the Constitution and laws of the State of California.

"Local enforcement agency" means the local health agency of the county, the San Bernardino County Environmental Health Services (EHS) Department.

"Lodging house" is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.

"Lot" means a lot, parcel, tract, or piece of land, improved, or unimproved, including the sidewalk area butting or adjoining such lot, parcel, tract or piece of land, and the parkways or areas lying between any abutting sidewalk and the curb or street line, or between the abutting property ownership line and any street line.

"Low bidder" means the person, firm, partnership or corporation submitting the lowest price for the supplies, materials, equipment or services which meet or exceed the specifications, delivery terms and conditions and other requirements included in the invitation to bid.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for more than one hundred eighty (180) days in any year period.

Massage. The word "massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.

Massage facility. The term "massage facility" means and includes, without limitation, any structure or room, or part thereof or facility where massage is given or administered as a matter of business for consideration whether or not actually received.

Massage practitioner. The term "massage practitioner," means and includes any person who gives, performs or administers to another person a massage or massage therapy who is certified by the CAMTC under California Business and Professions Code Sections 4600 thru 4620 and who administers massage for compensation.

"Massage technician" means and includes any person licensed by the city prior to July 1, 2017 who gives, performs or administers to another person a massage as defined in this section as a matter of business and for consideration whether or not actually received. If the license for a massage technician lapses as described in Section 5.20.050(D), then the massage professional shall become CAMTC certified to resume performing massage services in the city.

Massage therapist. The term "massage therapist," means and includes any person who gives, performs or administers to another person a massage or massage therapy who is certified by the CAMTC under California Business and Professions Code Sections 4600 thru 4620 and who administers massage for compensation.

"Matter" means as such term is defined in California Penal Code Section 313(b).

"May" is permissive.

"Mechanical code" is the Uniform Mechanical Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.

"Minor" means any natural person under eighteen (18) years of age.

"Minors" are all persons defined as minors under Civil Code Section 25.1.

"Month" means a calendar month.

"Multi-family complex" means a premises with one or more residential buildings designed for one or more dwelling units as defined in Chapter 16.08, but does not include hotels, motels and other premises designed for transient occupancy.

"Multichannel video programming distributor" or "video programming distributor" means a person such as, but not limited to, a cable system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers.

"News purposes," as specified in this chapter, means filming or video taping for television news broadcasting by reporters, photographers or camerapersons in the employ of a newspaper, news service, or similar entity, of news events concerning those persons, scenes or occurrences which are in the news and of general public interest. The filming or video taping of such shall be for regularly scheduled news programs (but not magazine or documentary programs) and special news programs which are not preplanned and are broadcast within twenty-four (24) hours after the event.

"Nighttime" means the period of time between sunset and sunrise.

"Non-profit car wash" means any car wash conducted for a charitable non-profit purpose, including, but not limited to, religious, social, senior citizen, youth or school purposes, whereby all funds, after deducting costs of materials only are to be forwarded to such non-profit charitable group.

"Non-rehabilitatable" shall include: (1) any animal for which euthanasia is the most humane alternative to alleviate pain and suffering due to severe disease or injury, (2) vicious cats and dogs, (3) any animal that poses a public health hazard, and (4) cats and dogs determined to be non-adoptable.

"Non-residential" means a premises intended for commercial, industrial, and/or institutional purposes.

"Nude model studio" means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons, for any form of consideration. Nude model studio shall not include any classroom of any school licensed under state law to provide art education, while such classroom is being used in a manner consistent with such state license.

"Nudity" or a "state of nudity" means the appearance of a human bare buttock, anus, male genitals, female genitals or female breast.

"Number." The singular number includes the plural, and the plural the singular.

"Oath" means and includes an affirmation.

"Occupancy" means the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.

"Occupant" means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence.

"Officers, departments and other agencies." Officers, departments, boards, commissions and employees referred to in this code means officers, departments, boards, commissions and employees of the city, unless the context clearly indicates otherwise.

"Official time." Whenever certain hours are named in this code, they mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city.

"Official traffic control devices" means all signs, signals, markings and devices not inconsistent with this title, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

"Official traffic signals" means any device whether manually, electrically or mechanically operated, by which traffic is alternatively directed to stop and proceed, and which may be equipped with a flashing feature which when operated, discontinues normal signal operation and causes the flashing of any predetermined combination of signal lights, and which is erected by authority of a public body or official having jurisdiction.

"One hundred (100) year flood" means the same as base flood.

"Open video system" means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subscribers within the city, provided that the FCC has certified that such system complies with 47 CFR Section 1500 et seq., entitled open video systems.

"Open video system operator" means any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system.

"Operate" means and includes carry on, keep, engage in, conduct or maintain, or permit the carry on or maintenance of any act.

"Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.

"Or, and." "Or" may be read "and" and "and" may be read "or" if the sense requires it.

"Organic waste" means solid waste containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). ("Paper products" and "printing and writing paper" are defined in Section 3.08.020 of this code.)

"Owner," may mean any of the following:

1. Applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.

2. Means every person having control, whether by outright ownership, lease or otherwise of any taxicabs for hire. Owner shall also include a person who owns, operates or is in charge of a taxicab service in the city.

3. Means any person who owns an animal, or who harbors or cares for an animal for five or more consecutive days.

4. Means the last registered owner and legal owner of record for any vehicle.

"Owner of a body art facility" means either of the following:

1. The person or persons whose name or names appear on the health permit, business license, property deed or rental agreement of the body art facility.

2. A person, acting as a principal of a corporation or partnership.

"Panic" means a sudden overpowering terror often accompanied by mass flight.

"Park" means to leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials.

"Passenger loading zone" means the space adjacent to a curb or edge of a roadway reserved for the exclusive use of vehicles during the loading or unloading of passengers.

"Pawnbroker" means any person engaged in any one or more of the following businesses:

1. Pawnbroking;

2. Lending money for himself or on behalf of any other person to another on personal property, pawns, or pledges in the possession of the lender;

3. Purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or assignees at prices agreed upon at or before the time of such purchase.

"Peddling" means selling merchandise which is transported from place to place in the course of approaching customers or selling merchandise or services from door to door.

"Pedestrian" means any person afoot.

"Permanent cosmetics" means the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eyebrow, or lip color.

"Permittee" means any person or firm authorized by the city council to conduct business within the city.

"Permittee" means a person who has a valid truck permit and is operating the truck permitted specifically by that permit. Not to conflict with Section 1.04.050 defining "permittee", but provide greater clarification.

"Person" means and includes any individual, firm, association, organization, partnership, business trust, corporation or company, and any municipal, political or governmental corporation, district, body or agency other than the city.

"Personal property" means every kind or form of property that is not real property and shall include, without limitation, automobiles, machinery, equipment, tools, merchandise, food products, or parts or portions thereof.

"Plumbing code" is the Uniform Plumbing Code, as adopted by this jurisdiction.

"Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

"Police department" means that law enforcement agency responsible for the city's public safety, whether contracted or operated by the city.

"Police dog" means any canine trained for law enforcement purposes and used by the police department for such purpose, and so designated by the police chief by the issuance of distinguishing tags.

"Potentially dangerous animal" is defined as any of the following:

1. Any dog or animal which when unprovoked, on two separate occasions within a thirty-six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily harm when the person and the dog or animal are off of the property of the owner or keeper of the dog or animal.

2. Any dog or animal which, when unprovoked, bites a human being.

3. Any dog or animal, when unprovoked, within the prior thirty-six (36) month period has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of such dog or animal.

4. Any dog or animal, which on three separate occasions within a thirty-six (36) month period was observed unrestrained off its owner's premises by a city official or private citizen or was apprehended and/or impounded on three separate occasions within a thirty-six (36) month period for being unrestrained or uncontrolled off its owner's premises.

"Practioner of a body art facility" means a person who performs body art on a client.

"Premises" means any parcel of land, building(s) and/or structure(s), or portion thereof, in the city where solid waste is produced, generated or accumulated and which is billed as one customer or one multi-family complex.

"Private lot" means any lot as above defined not owned and in the possession of a governmental agency or entity.

"Private patrol service" means any person who furnishes another person the service of patrolling or inspecting private property within the city, for any purpose whatsoever.

"Private patrolman" means any person who is employed by or is an agent of a private patrol service.

"Private property" means property owned by a person other than a public entity.

"Prizes" mean cash, kind, or both for each separate game which is held.

"Procedure area of a body art facility" means a room, or designated portion of a room, that is set apart and only used to perform body art.

"Process" means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

"Processing" means the reduction, separation, recovery and conversion of solid waste.

"Production" means the activity of making a film for commercial or noncommercial purposes on property owned by the city or on private property within the jurisdiction of the city.

"Professional services" means the services of attorneys, physicians, architects, engineers, auditors, specialized printers, or other individuals or organizations possessing a high degree of professional, unique, specialized or technical skill or expertise, not adaptable to competitive bidding, or where the service involves a contract for special activities, negotiations for the acquisition of land, trash services, insurance, bonds or other service of a similar nature to the above, engaged for a particular project or series of projects.

"Property" means and includes real and personal property.

"Property owner" means the person, partnership or corporation to whom the taxes on the property are assessed, as shown on the last equalized assessment roll of the County of San Bernardino, or alternatively, from such other records of the county assessor or tax collector as contain more recent information.

"Public dance" or a "public dance hall" means and includes any public place, open to the public, wherein or whereat the public may engage in dancing, including places and dances where admission thereto is by membership or other special privilege.

"Public nuisance" means, unless otherwise indicated, any unlawful condition, use or activity as set forth in the Hesperia municipal code.

"Public property" means property owned by a public entity.

"Public, educational or government access facilities" or "PEG access facilities," means the total of the following:

1. Channel capacity designated for noncommercial public, educational, or government use; and

2. Facilities and equipment for the use of that channel capacity.

"Purchases" means purchases of supplies, equipment, services and personal property and shall not include real property leases, rentals or purchases.

"Purchasing policy limits" means such limits which shall be those amounts which determine purchase procedures. Such purchase limits shall be established by a resolution of the city council.

"Purchasing supervisor" means the official(s) designated by the city manager for administration and/or enforcement of this chapter.

"Rabies control officer" means animal control officer.

"Real property" means land, or that which is affixed to land, or that which is incidental or appurtenant to land.

Recognized school. The term "recognized school" means any school or institution of learning which teaches the theory, ethics, practice, profession, and work of massage. Any school located outside the United States or a school offering a correspondence course not requiring actual attendance shall not be deemed a recognized school. The school or institution must be approved by one of the following:

1. The Bureau for Private Postsecondary and Vocational Education Act of the Education Code prior to July 1, 2007.

2. The department of consumer affairs.

3. An institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges.

4. A college or university of the state higher education system, as defined in Section 100850 of the Education Code.

5. A school of equal or greater training that is approved by the corresponding agency in another state or accredited by an agency recognized by the United States Department of Education.

"Recyclable materials" or "recyclables" interchangeably mean any product salvaged or collected for the purpose of reprocessing or remanufacturing including, but not limited to, electronic waste, glass, newsprint, aluminum, cardboard, paper, green waste, wood, plastics or metal. Recyclable materials discarded by the owner (including where the owner pays a fee or other consideration to have recyclable materials collected by another party) are solid waste. "Recyclable materials" or "recyclables" also includes organic waste.

"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

"Remodel" means any construction or demolition project to an existing structure (other than mere repair work) requiring the issuance of a building permit or such construction and demolition project that generates for disposal bulky structural items, appliances (household or commercial) like showers, tubs, toilets, ovens, stoves, cabinetry and built-in units, roofing materials, etc., and other C&D material.

"Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.

"Resident course" or "resident instruction." The term "resident course" or "resident instruction" means that the student is physically attending a course or instruction, and not an on-line course or instruction.

"Residential rental unit" shall mean any single family residence, duplex, or multi-family home, or any other residence occupied by a person who is not the property owner, for which there is an exchange of goods, or services, whether monetary or not.

"Residential unit" means each place used for residential purposes including the following but not restricted to: single-family dwellings; however not included: hospitals, convalescent homes, hotels, motels, apartments, mobile home parks, trailer courts, multi-family dwellings, condominiums and townhouses.

"Responsible person" means the person, who a city official believes, is causing, performing, permitting to exist or otherwise maintaining, a public nuisance and includes the owner of the real property involved and tenant, occupant or user thereof, or any other person in real or apparent charge or control of said real property.

"Restricted street" means all streets in the city except through truck routes as herein established.

"Reuse" means further or repeated use of construction or demolition debris or other waste material.

"Roadway" means that portion of a highway which is improved, designed or ordinarily used for vehicular travel, including improved shoulders.

"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

"Rubbish" means and includes, but is not restricted to, all nonbiodegradable waste, or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris and other similar materials.

"Sale" means and includes any sale, exchange, barter or offer for sale.

"Salvage" means and includes rubbish, from which articles of value or material of value, may be extracted segregated, removed or developed.

"Salvage collector" means a person not having a fixed place of business who goes from structure to structure or location to location gathering, collecting, buying, selling, or otherwise dealing in secondhand or used personal property including, without limitation, equipment, machinery, scrap metal, scrap automobiles, tools, or parts or portions thereof, or other articles commonly known as salvage.

"Secondhand dealer" means any person whose principal business is that of engaging in buying, trading, selling, whether on consignment by auction or otherwise, of previously owned personal property.

"Section" means a section of this chapter unless some other ordinance or statute is specifically mentioned.

"Semi-nude" means a state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region and areolae of the female breast.

"Separation fence" means a barrier which separates all doors of a dwelling unit or building accessory thereto with direct access to a swimming pool, spa or hot tub from that swimming pool, spa or hot tub.

"Service animal" means any guide dog, signal dog, or other animal individually trained by a certified trainer to provide assistance to an individual with a disability. Examples include dogs trained to assist the blind, hearing impaired, mobility impaired, and similar disabilities. Service animal would also include animals used by public law enforcement agencies.

"Service lines" are defined for the purposes of this chapter as those electrical, telephone, cable or other utility conductors that extend from the "distribution lines" to the building, structure or improvement which consume or uses the utility service.

"Services" means any and all services, including, but not limited to, equipment service contracts. The term does not include services rendered by city officers or employees, nor professional services for which the procedure for procurement is specifically provided by law or approved city procedures or are in their nature unique and not subject to competitive bidding. This definition does not include public works projects; see Section 3.08.110 regarding bidding for public works.

"Sewage" means any liquid waste or water borne solid waste resulting from residential, commercial, industrial, or institutional activities or uses.

"Sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is semi-nude.

"Sexually-oriented business" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center located, or proposed to be located, within the city.

"Shall" is mandatory and "may" is permissive.

"Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

Signature or subscription by mark. "Signature" or "subscription" means and includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by the witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

"Smoking" means the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind.

"Soliciting" means asking or inviting persons to pay money or trade services or personal property in return for other personal property or services to be delivered concurrently therewith or in the future. Solicitation shall also include any act or communication to a person for the purpose of obtaining a charitable donation.

"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial/industrial premises, including garbage, trash, refuse, rubbish, ashes, animal feces or any other material as defined by Public Resources Code Section 40191. Materials shall be deemed "solid waste" whether or not they may be potentially recyclable, if (i) the material is mixed or commingled with other types of solid waste, or (ii) the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any person or combination of persons in exchange for collection, removal, transportation, storage, processing, conversion, consulting, container rental or disposal services ("fee for service" recycling), whether or not arranged by or through a subcontractor, broker, agent or affiliate of the service provider. Solid waste does not include hazardous waste as defined in Title 8 or any waste which is not permitted to be disposed of at a Class III landfill and which fall within the definition of "Nonhazardous Solid Waste" set forth in Title 23, Chapter 15, Section 2523(a) of the California Code of Regulations as amended, or designated Class II wastes.

"Solid waste enterprise" means any individual, partnership, joint venture, unincorporated private organization or private corporation regularly engaged in the business of providing solid waste handling services.

"Solid waste handling" means the collection, transportation, storage, transfer, processing and disposal of solid wastes for residential or non-residential users or customers.

"Spa" means a structure intended for recreational bathing, designed to contain water over eighteen (18) inches (457mm) deep and outside dimensions not exceeding one hundred sixty (160) square feet (14.72 sq. meters).

"Special flood hazards area" means an area having special flood or flood-related erosion hazards and shown on an FHBM or FIRM as Zone A.

"Specified anatomical areas" means human genitals or areolae of the female breast.

"Specified sexual activities" means and includes any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

3. Masturbation, actual or simulated; or

4. Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

"Staff time" means the actual time spent by officers, employees, agents or representatives of the city during the enforcement of this code. Staff time, as a component of enforcement fees or abatements costs, shall be calculated at an hourly rate based on a schedule established by resolution of the council.

"Start of construction" (includes "substantial improvement") means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

"State" or "this state" means the state of California.

"State department of transportation" means the department of transportation of the state of California.

"State organics laws" means Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, and the regulations adopted pursuant thereto located in Chapter 12 of Division 7 of Title 14 of the California Code of Regulations (commencing with section 18981.1), including any amendments thereto.

"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.

"Stop or stand."

1. The word "stop" means the complete cessation of movement.

2. The words "stop or stand" mean any stopping or standing of a vehicle, whether occupied or not, except where necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

"Street" or "public way" means each of the following that has been dedicated to the public and maintained under public authority or by others and is located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way, and similar public property that the city from time to time authorizes to be included within the definition of a street.

"Supplies and equipment" means any and all articles, things or personal property furnished to, or used by, any city department.

"Swimming pool" means any structure intended for swimming or recreational bathing that is designed to contain water over eighteen (18) inches (457mm) deep. This includes in-ground, above-ground and on-ground swimming pools and fixed-in-place wading pools, and excludes spas.

"Swimming pool, outdoor," means any swimming pool which is all or in part outside the residential structure.

"Tattooing" means the insertion of pigment in human skin tissue via piercing with a needle.

"Tax collector" means the management services director of the city.

"Taxicab" means any passenger vehicle which is used to provide taxicab service as defined in this chapter.

"Taxicab service" means any public passenger transportation service available for hire on call or demand over the public streets of the city.

"Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

"Telecommunications equipment" means equipment, other than customer premises equipment, used by a telecommunications service provider to provide telecommunications service, including software that is integral to that equipment.

"Telecommunications service" means the offering of telecommunications directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used.

"Telecommunications service provider" means any provider of telecommunications service.

"Tenant" means a person who, pursuant to a lease, rental agreement or other contractual right, has possession or use, or the right to possession or use, of real property or structures thereon.

"Theater" means any place, building, enclosure, or structure partially or entirely, temporarily or permanently used for dramatic or operatic presentations, acts, motion pictures, or any picture projected from slides, films or video tape devices, vaudeville show, performances, or any place of public entertainment is determined to be a theater within the meaning of this chapter. Theaters specifically include, but are not limited to, places to which the public is permitted or invited wherein coin or slug operated or electronically, electronically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained, used or available to show images to one or a few persons at any one time.

"Third-party hauler" has the definition given in Section 8.04.230(A) of this code.

"Through truck route" means any street as herein designated upon which the unrestricted use of trucks is permitted.

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:

1. A supermarket, as defined in 14 CCR Section 18982(a)(71).

2. A grocery store, as defined in 14 CCR Section 18982(a)(30), with a total facility size equal to or greater than ten thousand (10,000) square feet.

3. A food service provider, as defined in 14 CCR Section 18982(a)(27).

4. A food distributor, as defined in 14 CCR Section 18982(a)(22).

5. A wholesale food vendor, as defined in 14 CCR Section 18982(a)(76).

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:

1. A restaurant, as defined in 14 CCR Section 18982(a)(64), with 250 or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

2. A hotel, as defined in 14 CCR Section 18982(a)(34), with an on-site food facility and two hundred (200) or more rooms.

3. A health facility, as defined in 14 CCR Section 18982(a)(32), with an on-site food facility and one hundred (100) or more beds.

4. A large venue, as defined in 14 CCR Section 18982(a)(39).

5. A large event, as defined in 14 CCR Section 18982(a)(38).

6. A state agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

7. A local education agency, as defined in 14 CCR Section 18982(a)(40), with an on-site food facility.

"Time." Whenever certain hours are named herein, they mean standard time or daylight-saving time as may be in current use.

"Transfer of ownership or control" of a sexually-oriented business means and includes any of the following:

1. The sale, lease or sublease of the business;

2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or otherwise; or

3. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing ownership or control.

"Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be considered.

"Treatable" shall include an animal that is not "adoptable" but that could become so with reasonable efforts.

"Truck" means any vehicle having a manufacturer's gross vehicle weight rating exceeding 14,000 pounds.

"_____ U.S.C. Section _____" means the United States Code. Thus, the citation of "47 U.S.C. Section 153" refers to Title 47, Section 153, of the United States Code.

"Unattended vehicle" means a vehicle for which the licensed driver responsible for the same is not within an audible distance and immediately available for moving the vehicle.

"Underground utility district" or "district" means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 13.04.030.

"Unlicensed dog" means any dog for which the license for the current year has not been paid, or to which the tag for the current year provided for in this code is not attached.

"Utility" means and includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

"Vehicle" means any device by which persons or property may be propelled, moved or drawn upon a highway, and shall include all types of motor vehicles, but shall exclude devices moved exclusively by human power or used exclusively upon stationary rails or tracks.

"Vehicle code" means the vehicle code of the State of California.

"Vicious animal" is defined as any of the following:

1. Any dog or animal seized under Section 599aa of the Penal Code (birds and animals used for illegal purposes) and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code (fighting dogs).

2. Any dog or animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. Severe injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

3. Any dog or animal previously determined to be, and currently designated as, a "potentially dangerous or vicious dog or animal" which, after its owner or keeper has been notified of its determination, continues the behavior described for a potentially dangerous animal.

4. Any dog or animal currently listed and determined to be a potentially dangerous or vicious dog or animal, which is not properly licensed and vaccinated, not properly restrained and/or maintained on the owner's property.

"Video provider" means any person, company or service that provides one or more channels of video programming to a residence, including a home, condominium, apartment, or mobile home, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming. A "video provider" includes, without limitation, providers of cable television service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of video programming, whatever their technology.

"Waste management plan" means a written plan, on a form approved by the city manager or designee, and submitted by a covered project applicant for the purpose of compliance with this chapter, including a goal to achieve a minimum fifty (50) percent by weight diversion requirement.

"Wastewater" means any volume of untreated or partially treated sewage ultimately discharged into the public sewer.

"Wastewater collection system" means any system of pipes, pump stations, sewer lines, or similar devices or appurtenances used to collect and convey sewage to a treatment plant.

"Water closet" means a conventionally constructed water closet with permanent water supply and draining to an approved sewer or septic system or a patented chemical type toilet.

"Weeds" means weeds which, when mature, bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, and shall include any of the following:

1. Poison oak and poison ivy;

2. Dry grasses over four inches in height, brush, litter, or other combustible vegetation;

3. Tumbleweeds (Russian Thistle) weeds shall not be classified as any living plant which is listed as an endangered or threatened species under any federal or state or county endangered species list; including but not limited to living Joshua Trees, creosote bushes, century plans. Nolinas, yuccas and all species of cactus, including the cholla.

"Week." A "week" consists of seven consecutive days.

"Width" means that dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the building or structure or portion thereof is, or is to be, loaded or moved, or to the median line of the highway over which the same is being, or is to be moved.

"Wild animal" means any wild, exotic, dangerous or venomous animal including but not limited to mammals, fowl, fish or reptile.

"Wrecked" means a vehicle which has been damaged to such an extent that it is only semi-repairable and/or uneconomical to repair.

"Writing" means and includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise.

"Year" means a calendar year, except where otherwise provided.

(Ord. 2002-08 Exh. A, 2002: Ord. 2001-7 Exh. A, 2001: Ord. 2001-4 § 1 (part), 2001; Ord. 250 (part), 1997)

(Ord. No. 2009-07, § 3(Exh. A), 11-3-09; Ord. No. 2010-002, § 3(Exh. B), 3-3-10; Ord. No. 2012-15, § 3(Exh. A), 1-15-13; Ord. No. 2014-13, §§ 2, 3, 5-20-14; Ord. No. 2012-06, § 3(Exh. A), 10-2-12; Ord. No. 2017-10, § 3(Exh. A), 6-6-17; Ord. No. 2018-05, § 2(Exh. B), 6-19-18; Ord. No. 2018-09, § 2(Exh. B), 2-5-19; Ord. No. 2019-10, § 5(Exh. C), 8-20-19; Ord. of 2019-09, § 2(Exh. B), 9-3-19; Ord. No. 2020-13, § 4(Exh. C), 1-19-21; Ord. No. 2020-14, § 4(Exh. C), 1-19-21; Ord. No. 2021-012, § 3, 12-21-21)

Words and phrases are to be construed according to the context and the approved usage of the language. Technical words and phrases, and such others as may have acquired a peculiar and specific meaning in the law, or are specifically defined herein, are to be construed in accordance with such peculiar and specific meaning or definition.

(Ord. 250 (part), 1997)

Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made in this code, such notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelope, postage paid, addressed to the person to be notified, at his or her last known business or residence address, as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the United States mail.

(Ord. 250 (part), 1997)

Proof of giving any notice required by this code may be made by the certificate of any officer or employee of the city, or by affidavit or declaration of any person over the age of eighteen (18) years which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.

(Ord. 250 (part), 1997)

A. Every license, permit, authorization or grant which is issued or given by the city or any of its officers, agents, employees, departments or agencies shall be contingent upon and shall be subject to the following condition:

The licensee, permittee, authorize or grantee agrees, guarantees and promises to save, indemnify and keep harmless the city and all its officers, agents, employees, departments and agencies against all liabilities, judgments, costs and expenses which may in any manner or form accrue against the city or against any of its officers, agents, employees, departments or agencies in consequence of the issuance or granting of such license, permit, authorization or grant, or in consequence of the use or occupancy of any sidewalk, street or other public place, or in any other wise by virtue thereof, and will in all things strictly comply with the conditions of the license, permit, authorization or grant, and with this code, all ordinances, rules and regulations of the city relating to the license, permit, authorization or grant.

B. Whenever it is administratively proper, the city clerk and all officers, agents, employees, departments and agencies of the city shall print, type or write the condition stated above into every license, permit, authorization or grant substantially as it appears in this section.

(Ord. 250 (part), 1997)