Article 7-25

SALE OF FOOD

Sections:

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise:

(a) Food means all articles used for food, drink, confectionary, or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.

(b) Food establishment means any public or private restaurant, market, shop, store, delicatessen, warehouse, cold storage plant or other plant or place in or about which any food is kept, held, sold, prepared, compounded or offered for sale for human consumption. Such establishments shall specifically include, but shall not be restricted to, bakeries, bottling works, food and condiment packers, fruit and vegetable stands, markets and any other premises where food products are kept, stored, handled, manufactured or offered for sale, ice stations and all food processing or cannery plants of any type.

(c) Health Officer means the County Director of Public Health or any other person duly authorized to act in his behalf.

(d) Mobile canteen means any vehicle or other mobile unit purveying, for immediate human consumption, foods that have been cooked, mixed, blended, compounded or prepared in establishments permitted for that purpose only and under an approved local, State or federal inspection service.

(e) Other mobile units means any vehicle, truck, trailer, cart, wagon, dray, conveyance or structure not firmly fixed to a permanent foundation which does not specifically require a license to operate by the State Department of Motor Vehicles.

(f) Processed meats means any meat or meat food product that has been canned, potted, cased, cooked, cured or otherwise prepared for human consumption under the inspection, and carrying the brand, of an official meat inspection service approved by the Bureau of Meat Inspection of the State Department of Agriculture. This definition does not include fresh meat, cased fresh ground meat, fish or poultry of any kind.

(g) Processing includes cooking, mixing, blending, compounding or the preparation of foods for human consumption.

(h) Restaurant means any eating or drinking establishment which sells or offers for sale to the public any food for immediate human consumption, and includes any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, public school lunchroom or cafeteria, labor and construction camp kitchens, dining rooms, public boardinghouse, box lunch establishments, catering services and barbecue pits in which food or drink is prepared on the premises for sale or distribution elsewhere. The term shall also include all cafeterias or restaurants serving commercial establishments as part of the organization and serving the public, whether as employees or visitors.

(i) Utensils means kitchenware, tableware, glassware, cutlery, containers, machinery, implements and receptacles used in processing, storage, distribution or serving of food or drink.

(j) Vehicle means any automobile, truck, trailer or other conveyance requiring a license from the State Department of Motor Vehicles.

The duty and authority to enforce the provisions of this Article are hereby delegated to the County, to be performed by the Health Officer and his authorized representatives.

7-25.030 Food establishments.

(a) Permit required. No person shall operate a food establishment in the City or sell, offer for sale,

(Saratoga Supp. No. 43, 7-18)

134.5

7-25.030

distribute or have in his possession for sale or distribution in the City any food or drink intended for human consumption unless possessing a permit to do so from the Health Officer.

(b) Application for permit; inspection of premises. Application for a permit under this Section shall be made in writing to the Health Officer on such form as he may prescribe. The Health Officer shall, upon receipt of such application, make or cause to be made an examination of the premises for which such permit is requested.

(c) Issuance or denial of permit. If, upon examination of the premises for which application for a permit is made, the Health Officer shall find such premises, buildings, and the equipment and apparatus therein to be in accordance with the laws of the State, the requirements of this Article and the rules and regulations of the Health Officer, he shall issue a permit for the conduct of such business. Such permit shall be issued annually for the calendar year. The Health Officer is hereby empowered to deny or withhold a permit for which an application has been made if, in his judgment, the requirements of State law or this Article are not met.

(d) Permit fees. The fee for issuance of a permit under this Section shall be such amount, and payable at such time, as established by resolution of the Board of Supervisors.

(e) Transferability of permit. No permit for any food establishment within the City shall be transferable.

(f) Suspension or revocation of permit. The Health Officer may suspend or revoke any permit authorized by this Section whenever he finds that the holder of such a permit fails or refuses to comply with the laws of the

134.6

(Saratoga Supp. No. 43, 7-18)

7-25.100

milk, buttermilk or other dairy products sold, designed or advertised as certified shall be conspicuously marked with the name of the commission certifying it and certifying the milk from which such cream, skimmed milk and other dairy product is obtained.

(c) Guaranteed raw milk. Guaranteed raw milk is market milk which conforms to the following minimum requirements:

(1) The health of the cows and goats shall be determined at least once each month by an official representative of a milk inspection service approved or established by the Director of the State Department of Agriculture.

(2) It shall be produced on dairy farms which score not less than ninety percent on the dairy farm scorecard.

(3) It shall be bottled on the premises where produced and delivered in containers having the pouring lip completely protected from contamination.

(4) Itshallbecooledimmediatelyafterbeingdrawn from the cow or goat to fifty degrees Fahrenheit or less, and so maintained until delivered to the consumer, at which time it shall contain no more than 10,000 bacteria per milliliter.

(5) It must be sold to the customer within thirty hours after production and labeled to indicate the date of sale to the consumer. All persons who come in contact with the guaranteed raw milk must exercise scrupulous cleanliness and not be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease liable to be conveyed by milk. The absence of such germs in all such persons shall be determined by bacteriological and physical examination by the County Health Department or other person or laboratory approved in writing by the Health Department, conducted at the time of employment and every six months thereafter in a manner approved by the Health Officer.

decayed, or partially decayed or unwholesome meat, fish, shellfish, fowl, fruits, vegetables or other unwholesome food found within the City.

(a) No person, or agent or employee of any person, shall sell, offer for sale, distribute or have in his possession for sale or distribution in the City, any sausage or other meat food product, unless the same has been manufactured or prepared in accordance with the laws of the State.

(b) No person, or agent or employee of any person, shall sell, offer for sale, distribute or have in his possession for sale or distribution in the City, the flesh of any cattle, horse, sheep, lamb, swine or goat, unless the same bears on each primal part thereof, the "Inspected and Passed" stamp of an establishment operating under federal inspection, state inspection or approved municipal inspection.

The violation of any provision contained in this Article shall constitute a misdemeanor and a public nuisance, subject to the penalties as set forth in Chapter 3 of this Code.

The Health Officer is hereby authorized to make such rules and regulations, in addition to those contained in this Article, as in his opinion will best serve the public interest.

The Health Officer is hereby authorized and directed to seize and destroy or denaturize any tainted,

137

(Saratoga Supp. No. 42, 12-17)

Article 7-30

NOISE CONTROL

Sections:

7-30.010 Purposes of Article. 7-30.020 Definitions. 7-30.030 Exemptions. 7-30.040 Noise standards. 7-30.050 Repealed. 7-30.051 Leaf blowers. 7-30.060 Exceptions for specific activities. 7-30.070 Exhaust fans. 7-30.080 Authority to require noise study. 7-30.090 Exception permits. 7-30.100 Violations of Article; enforcement; penalties.

This Article is adopted for the following purposes:

(a) To maintain or reduce noise levels in the City to avoid exposure to unacceptable or harmful noise generated by equipment and/or amplified sound that is subject to regulation and control by the City;

(b) To maintain and preserve the quiet residential atmosphere of the City;

(c) To implement the goals and policies contained in the Noise Element of the City's General Plan by addressing noise transfer between properties;

(d) To promote land use compatibility by addressing noise exposure from existing and new noise sources;

(e) To prohibit noise which disturbs the peace and quiet of a neighborhood or causes discomfort or annoyance to persons of normal sensitivities. (Ord. 71.92 § 1 (part), 1991; Amended by Ord. No. 315, § 1.2, 4-2-2014)

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section:

(a) Acoustic music means live vocal or instrumental music that is not electrically enhanced or modified to project or transmit sound through amplifiers, loudspeakers, microphones, or similar devices or combinations of devices which are intended to increase the volume, range, distance or intensity of music.

(b) Amplified music means live or recorded music projected or transmitted by electronic equipment, including, but not limited to, amplifiers, loudspeakers,

microphones, or similar devices or combinations of devices which are intended to increase the volume, range, distance or intensity of music.

(c) Approving authority means the City Council, commission, officer or official of the City having the authority to initially approve or deny a particular type of application.

(d) Background music means recorded music played through permanently mounted speakers which is clearly incidental to the primary use, and (at any location five feet or more from the source of the sound) allows for normal conversation levels and conforms to the noise standards in Section 7-30.040(a).

(e) Daytime means the twelve-hour period from 7:00 A.M. to 7:00 P.M.

(f) Decibel or dB means a standardized unit of sound pressure level. Increasing values [are] related to louder sounds. "Decibel" represents the logarithm of the ratio of measured acoustical energy and a standard reference of twenty micropascals.

(g) Decibel A Scale or dBA means a measure of decibels using the "A" scale or "A" weighted network of the sound level meter.

(h) Director means the Community Development Director.

(i) Evening means the three-hour period from 7:00 P.M. to 10:00 P.M.

(j) Leaf blower means portable equipment that is used for the purpose of blowing, dispersing, or redistributing dust, dirt, leaves, grass clippings, cuttings and trimmings from trees, shrubs or other debris. Certified leaf blower means a leaf blower with a noise level measured at sixty-five dBA or less at a distance of fifty feet by an independent laboratory per American National Standards Institute (ANSI) standard B175.2, as certified by the manufacturer. Beginning October 1, 2019 a leaf blower is not considered a powered garden tool.

(k) Leq (equivalent continuous sound level) means the average A-weighted noise level over a stated time period.

(l) Lmax means the typical maximum A-weighted noise level measured using the "slow" meter response.

(m) Nighttime means the nine-hour period from 10:00 P.M. to 7:00 A.M. of the following day.

(Saratoga Supp. No. 42, 12-17)

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7-30.040

(n) Noise level means the maximum continuous sound level or repetitive peak level produced by a noise source or group of sources, as measured with a sound level meter.

(o) Open space/parks means a site which has an Open Space (OS) General Plan land use designation.

(p) Public and quasi-public facilities means a site which has a Commercial Facilities (CFS) General Plan land use designation.

(q) Sound level meter means an instrument comprised of a microphone, an amplifier, an output meter and frequency weighing networks, used for measuring sound levels in decibel units.

(Ord. 71.92 § 1 (part), 1991; Amended by Ord. No. 298, § 1.A.1., 9-5-2012; Ord. No. 315, § 1.2, 4-2-2014; Ord. No. 351, § 1(Att. A), 10-4-2017)

The following sources of noise shall be exempt from the provisions of this Article:

(a) Emergencies. Persons and equipment engaged in essential activities necessary to preserve, protect or save lives or property from imminent danger, loss or harm.

(b) Alarm systems. Any outside audible alarm system for which a permit has been issued pursuant to Article 6-10 of this Code, and which complies with the requirements set forth in Section 6-10.060 of said Article. (Ord. 71.92 § 1 (part), 1991)

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(a) Except as otherwise provided in Paragraph (b) of this Section, all uses and developments shall comply with the following noise standards for the various land uses and times of day as indicated below. No person shall cause, produce, or allow to be produced any noise that exceeds these noise standards at any point outside the property boundary on which the noise is generated.

(b) Subject noise levels shall be measured with a sound level meter as follows:

(3) Minimum measurement time shall be three minutes.

(1) Noise originating upon a particular site shall be measured at any point outside of the property boundary for that site at least four feet above the ground/floor and at least four feet away from any wall or similar large acoustically reflective surface if any is located on the site receiving the noise generated.

(2) Noise shall be measured with a Class I or II sound level meter set utilizing the "A" Weighting scale and the "slow" meter response.

(4) With respect to noise originating from a dwelling unit constituting part of a multi-family development, the measurement can be taken at any point beyond the exterior walls of such unit or at any point within the habitable interior of another dwelling unit located on the same site. (Ord. 71.92 § 1 (part), 1991; Amended by Ord. No. 315, § 1.2, 4-2-2014)

139

(Saratoga Supp. No. 57, 1-26)

7-30.051

Editor’s note— Ord. No. 315, § 1.2, adopted Apr. 2, 2014, repealed § 7-30.050, which pertained to general noise restriction and derived from Ord. 71.92 § 1 (part), 1991; and Ord. No. 272, § 1(Exh. A), adopted Sept. 16, 2009.

The use of any leaf blower other than a certified leaf blower, as defined by this article, is prohibited. (Ord. No. 351, § 2(Att. A), 10-4-2017; Ord. No. 383, § 1(Exh. A, § 9), 11-17-2021)

Specific activities shall be permitted to exceed the standards set forth in Section 7-30.040 under the following conditions:

(a) Construction activities. Construction, alteration, repair, and grading activities shall not exceed one hundred dBA measured at any point twenty-five feet or more from the source of noise. Such activities may be conducted between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on Saturday. Construction activities shall be prohibited on Sundays and weekday holidays, with the exception of residential construction activities that do not require a City permit, or which are authorized by a valid City permit showing that the permitted work does not exceed fifty percent of the existing main or accessory structure, may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sundays and weekday holidays.

(1) Residential construction activities that do not require a City permit, or which are authorized by a valid City permit and do not exceed fifty percent of the existing main or accessory structure, may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sundays and weekday holidays.

(b) Certified leaf blowers may be used or operated Monday through Friday between 8:00 A.M. and 5:00 P.M., on Saturdays between 10:00 A.M. and 5:00 P.M., and may not be used on Sundays.

(c) Powered garden tools. Powered garden tools shall not exceed seventy-eight dBA at any point twentyfive feet or more from the source of noise. Such tools may be utilized during the following days and times:

(1) Gasoline powered leaf blowers may be utilized between 8:00 A.M. and 5:00 P.M. Monday through Friday and Saturdays between 10:00 A.M. and 5:00

P.M. Use of gasoline-powered leaf blowers shall not be allowed on Sundays. This subsection shall be of no further force and effect after September 30, 2019.

(2) Gasoline powered chainsaws may be utilized between 8:00 A.M. and 5:00 P.M. Monday through Friday and between 10:00 A.M. and 5:00 P.M. on Saturdays and Sundays.

(3) Except as specified above, other powered garden tools may be utilized between the hours of 8:00 A.M. and 9:00 P.M. any day of the week.

(d) Wood chippers. Wood chippers shall not exceed one hundred dBA at any point twenty-five feet or more from the source of noise. Wood chippers may be utilized between 8:00 A.M. and 5:00 P.M. Monday through Friday and Saturdays between 10:00 A.M. and 5:00 P.M. Use of wood chippers shall not be allowed on Sundays.

(e) Emergencies. The Director may grant temporary exemptions from the requirements in this Section upon his/her determination of an emergency.

(f) Indoor live or recorded music. Commercial establishments in commercial zoning districts may have live or recorded music played inside a building. All doors and windows within the commercial establishment shall be kept closed after 9:00 P.M. when live or recorded music is being played except that doors may be opened for ingress or egress if closed immediately after use. The noise level shall not exceed seventy-three dBA before 9:00 P.M. and shall comply with the standards set forth in Section 7-30.040 after 9:00 P.M. as measured by a sound level meter five feet outside the building.

(g) Animal noise. It shall be unlawful for any person to harbor, keep or maintain any animal, including birds, in the City which howls, barks, meows, squawks, or makes other noises which creates a noise disturbance across a property boundary during the following times: (1) Between the hours of 10:00 P.M. and 7:00 A.M.

(2) Between the hours of 7:00 A.M. and 10:00 P.M. where the noise disturbance occurs continuously for a period of five minutes or intermittently for at least thirty minutes.

(3) For the purposes of this Chapter, the animal noise shall not be deemed a disturbance if the animal is in the act of protecting its owner, resisting trespassers, or is provoked. The burden of proof of such an act of

(Saratoga Supp. No. 57, 1-26)

140

7-30.090

protection, resistance to trespassers, or provocation is upon the person owning, harboring, controlling, maintaining, possessing or having charge of the animal.

(h) [Community uses and events.] Non-amplified noise from community uses and events that are inherent to a suburban environment, including but not limited to playgrounds, sports facilities and fields, and common recreational areas.

(i) Park maintenance. Park maintenance may begin at 7:00 A.M. or earlier in connections with special events planned in the next forty-eight hours if approved in advance by the City Manager.

(j) Solid waste collection. All solid waste collection activities occurring after 6:00 A.M. are exempt from the noise standards set forth in Section 7-30.040. (Ord. 71.92 § 1 (part), 1991; Amended by Ord. 200 § 2, 2000; Ord. No. 298, § 1.A.2., 9-5-2012; Ord. No. 315, § 1.2, 4-2-2014; Ord. No. 351, § 3(Att. A), 10-4-2017; Ord. No. 383, § 1(Exh. A, § 9), 11-17-2021; Ord. No. 413, § 1(Exh. A, § 10), 11-5-2025)

All exhaust fans and mechanical equipment shall be enclosed for the purpose of soundproofing, subject to the Director's review and approval. Exhaust fans lawfully constructed prior to August 2, 1991, shall be screened to the satisfaction of the Director no later than two years from the date of notice from the City to the owner. (Ord. 71.92 § 1 (part), 1991; Amended by Ord. No. 315, § 1.2, 4-2-2014)

As a condition for the granting of any license, permit or development approval, the Director or approving authority may require the preparation of a noise (acoustical) study to determine whether the proposed activity will comply with the noise standards contained in this Article. Furthermore, a noise (acoustical) study shall be required where the existing noise level exceeds outdoor DNL sixty dB to determine measures needed to reduce noise impacts to meet City noise standards. The cost of such study shall be paid, in advance, by the applicant. If the study predicts that any of the noise standards will be violated, the approving authority may require implementation of mitigation measures to reduce the noise impacts, and may further require the conduct of additional studies after the activity is commenced to determine the effectiveness of the mitigation measures. If the violation cannot be

prevented or corrected through mitigation measures, the approving authority may deny or revoke the license, permit or development approval. (Ord. 71.92 § 1 (part), 1991; Amended by Ord. No. 315, § 1.2, 4-2-2014)

(a) General noise exception permit. If the applicant demonstrates to the satisfaction of the Director that immediate compliance with the requirements of this Article would be impractical or unreasonable, the Director may issue a permit to allow exception from any or all of the provisions contained in this Article, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be for an initial term as specified by the Director, not to exceed thirty days. Longer terms up to one hundred twenty days may be granted by the Planning Commission.

In determining whether an exception permit should be issued and the nature and scope of any conditions to be imposed, the Director shall consider the following factors:

(1) The level and intensity of the noise;

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

(3) The proximity of the noise to residential areas;

(4) The time of day when the noise occurs;

(5) The duration of the noise, and whether it is recurrent, intermittent or constant;

(6) The nature and zoning of the area within which the noise emanates or to which it is transmitted.

(b) Outdoor music permits—CH zoning district. An outdoor music permit may be issued on an annual basis to a commercial establishment located within the CH zoning district subject to the requirements contained in this Section for the purposes of allowing the playing of acoustic and/or amplified music outside a building. Background music does not require an outdoor music permit.

(1) Outdoor acoustic and/or amplified music is permitted at establishments holding an outdoor music permit during the following days and times, provided that it does not exceed seventy-three dbA as measured twenty-five feet or more from the source of the sound:

a. Fridays, 5:00 P.M. to 9:00 P.M.

b. Saturdays, 4:00 P.M. to 9:00 P.M.

• c. Sundays, 11:00 A.M. to 4:00 P.M.

140.1

(Saratoga Supp. No. 57, 1-26)

7-30.090

(2) The Director may condition an outdoor music permit on such other requirements that the Director determines are necessary to protect the public health, safety or welfare.

(3) Continuing jurisdiction and permit revocation. The Director shall retain continuing jurisdiction over each permit and may modify (by deleting or adding conditions to) or revoke an outdoor music permit to the extent the Director deems necessary to protect the public health, safety or welfare, or if the permit holder fails to meet any of the conditions of the permit or to adequately address changed circumstances.

forth in Chapter 3 of this Code, any noise level and its source in violation of any of the provisions of this Article may be summarily abated, which may include, but is not limited to, removal, dismantlement and taking into custody the source of such noise, and in this regard, the confiscation of any machine or device used to violate any of the provisions of this Article is hereby authorized to be held for use as evidence in any proceeding that may be brought for such violation. (Ord. 71.92 § 1 (part), 1991; Amended by Ord. No. 315, § 1.2, 4-2-2014)

lude, but is not limited to, removal, dismantlement and taking into custody the source of such noise, and in this regard, the confiscation of any machine or device used to violate any of the provisions of this Article is hereby authorized to be held for use as evidence in any proceeding that may be brought for such violation. (Ord. 71.92 § 1 (part), 1991; Amended by Ord. No. 315, § 1.2, 4-2-2014)

(4) Denial of a permit. The Director may deny an outdoor music permit if the applicant has had an outdoor music permit revoked within the past twelve months or if the applicant is not in compliance with the City Code or a use permit issued pursuant to the City Code.

(5) Hearings and appeals from administrative decisions. Prior to denial, modification, or revocation of a permit, the Director shall notify the applicant in writing of the intent to deny, modify, or revoke the permit, the reasons for such intended decision, and that the applicant may within five days after receipt of such notice file with the Director a written request for a meeting with the Director. A determination of the Director to approve, conditionally approve, deny, modify or revoke a permit may be appealed to the Planning Commission in accordance with the procedures set forth in Article 15-90 for appeals from administrative decisions and notwithstanding Section 15-90.020, the decision of the Planning Commission on the appeal shall be final and not subject to appeal to the City Council.

(Ord. 71.92 § 1 (part), 1991; Ord. No. 298, § 1.A.3., 9-5-2012; Ord. No. 307, § 1.B.3, 10-16-2013; Ord. No. 315, § 1.2, 4-2-2014)

(a) The violation of any provision contained in this Article shall constitute an infraction and a public nuisance.

(b) It shall be the duty of all policemen, all deputies of the County Sheriff performing police services in the City, all Community Service Officers and the Director to enforce the provisions of this Article.

(c) In addition to the penalties for infraction offenses and the procedures for nuisance abatement as set

(Saratoga Supp. No. 57, 1-26)

140.2

7-35.020