Redlands Municipal Code Ch. 8.52 Air Pollution

It is unlawful for any person to maintain or operate any factory, yard, or establishment which generates into or pollutes the atmosphere with any unwholesome gas, fumes, dust, smoke, or odors deleterious to the public health or to allow offensive odors to be emitted from offal, garbage, or any animal or vegetable matter which is used in any process of reduction or manufacturing. (Prior code § 30400)

A. Finding: The city, after careful consideration, finds and declares that the imposition of the additional motor vehicle registration fee by the South Coast air quality management district (SCAQMD) to finance mobile source air pollution reduction programs is in the best interest of the city and promotes the general welfare of Redlands citizens.

B. Intent: This section is intended to support the South Coast air quality management district's imposition of the vehicle registration fee and to bring the city into compliance with the requirements set forth in section 44243 of the Health and Safety Code in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles.

C. Definitions: As applied in this section, the following words and terms shall be defined as follows:

CITY: The city of Redlands.

MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM: Any program or project implemented by the city to reduce air pollution from motor vehicles which it determines will be consistent with the California clean air act of 1988 or the plan proposed pursuant to article 5 (commencing with section 40460) of chapter 5.5 of part 3 of the California Health and Safety Code.

D. Administration Of Vehicle Registration Fee:

1. Receipt Of Fee: The additional vehicle registration fees disbursed by the South Coast air quality management district and remitted to the city, pursuant to this section, shall be accepted by the finance director.

2. Establishment Of Air Quality Improvement Trust Fund: The city's finance director shall establish a separate interest bearing trust fund account in a financial institution authorized to receive deposits of city funds.

3. Transfer Of Funds: Upon receipt of vehicle registration fees, the finance director shall deposit such funds into the separate account established pursuant to subsection D2 of this section. All interest earned by the trust fund account shall be credited only to that account.

4. Expenditure Of Air Quality Trust Funds Revenues: All revenues received from the South Coast air quality management district and deposited in the trust fund account shall be exclusively expended on mobile source emissions reduction programs as defined in subsection C of this section. Such revenues and any interest earned on the revenues shall be expended within one year of the completion of the programs.

5. Audits: The city consents to an audit of all programs and projects funded by vehicle registration fee revenues received from the South Coast air quality management district pursuant to section 44223 of the Health and Safety Code. The audit shall be conducted by an independent auditor selected by the South Coast air quality management district as provided in sections 44244 and 44244.1(a) of the Health and Safety Code.

E. Legal Construction: The provisions of this section shall be construed as necessary to effectively carry out its purposes, which are found and declared to be in furtherance of the public health, safety and welfare. (Ord. 2163 § 1, 1991)