HomeMy WebLinkAboutOrdinance 056 P
ORDINANCE NO. 56
AN ORDINANCE OF THE CITY OF ATASCADERO ADDING
' CHAPTERS 1 THROUGH 9 TO TITLE 6 OF THE ATASCADERO
MUNICIPAL CODE RELATING TO HEALTH AND SANITATION
' THE COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows:
Section 1. Chapters 1 through 9 of Title 6 are added to the
1 Atascadero Municipal Code to read as follows:
TITLE 6. HEALTH AND SANITATION
' Chapter 1. Food and Drink Establishments
6-1.01. Definitions.
For the purpose of this chapter , the following words and phrases
are defined, and shall be construed as hereinafter set out, unless it
' shall be apparent from the context that they have a different meaning.
Whenever any words or phrases used in this chapter are not defined
' herein but are defined in state acts, laws or codes, the definitions
in such acts, laws or codes are incorporated in this chapter as though
set forth herein in full and shall apply to such words and phrases
used but not defined herein.
(a) "Food and Drink Establishment" means any building, room or
portion thereof, where food or drink intended for human con-
sumption is cooked, mixed, prepared, served, sold, offered
for sale, or given away at a fixed place or location.
(b) "Food Concession"means any person or organization who en-
gages in the business or practice of serving food or drink at
public events, circuses, fairs, or demonstrations for periods
of less than one week duration. It also includes food demon-
strators engaged in offering or serving without charge to the
consumer, unpackaged bulk food to the public for the purpose
of publicizing, advertizing or promoting the sale of food,
food products or food equipment. Food demonstrators shall
not include any person operating a food vehicle that is oth-
erwise under a public health permit and for which a valid
' permit has been obtained.
(c) "Food Market, Retail" means any retail delicatessen, retail
fruit and vegetable market, retail fish market, grocery
' store, retail meat market, retail packaged food store, or a
combination of the above, or any place, or establishment
where bakery products, meats, fish, shellfish, seafood, poul-
try, preserves, jelly, relish, creamed cheese, fruit, vegeta-
bles, or any other foods or food products, or beverages
whether in bulk, canned, wrapped, bottled, packaged, or in
any other form, are sold or kept for sale at retail for con-
Ordinance No. 56 - Health and Sanitation Ordinance
sumption on premises other than where sold. Retail food mar-
ket, however , shall not include any "food salvager" as de-
fined in this chapter .
(d) "Food Processing Establishment" means any room, building, or
place, or portion thereof, maintained, used or operated for
the purpose of commercially storing, packaging, making, cook-
ing, mixing, processing, bottling, canning, packaging, or
otherwise preparing or handling food or drink provided, how-
ever , that for fee purposes the term "food processing estab-
lishment" shall not include an establishment otherwise speci-
fically mentioned in this chapter .
(e) "Food Vehicle, Retail" means any bakery distributor vehicle,
' fish peddler vehicle, food salvage distributor vehicle, fruit
and vegetable vehicle, grocery distributor vehicle, industri-
al catering vehicle, itinerate restaurant vehicle, indepen-
dent ice distributor vehicle, independent milk distributor
' vehicle, or the combination of the above, or any vehicle not
a processor-owned delivery vehicle from which animal food,
bakery products, fish, shellfish, seafood, fruit, vegetables,
' meats, poultry, preserves, jelly, relish, milk or any other
dairy products, food or food products, ice, or beverages,
whether in bulk, canned, wrapped, bottled, packaged, or any
' other form, are sold or kept for sale at retail, or are dis-
tributed to the consumer . Vehicles used by a fixed location
food market or restaurant having a valid license under this
chapter to deliver food products from the licensed establish-
' ment to other locations shall not be required to have a sep-
arate permit under this chapter .
' (f) "Food Vending Machine" means any self-service device offered
for public use, which upon the insertion of coins or tokens,
or by other means dispenses unit servings of food, or drink,
' either in bulk, cups, or in packages, without the necessity
of replenishing the device between each vending operation.
For the purposes of this chapter , however , "food vending ma-
chine" shall -not include vending machines that dispense, ex-
clusively, bottled drinks, gum, candy or other not readily
perishable food when it is determined by the health officer
that such vending machines do not require routing inspection
' for the protection of the public health. "Food vending ma-
chine location" means the room, enclosure, space, or area
where one or more vending machines are installed or operated.
(g) "Health Officer" means the duly appointed City Health Officer
or his duly authorized representative. The County Health
Officer and his duly appointed representatives, may be ap-
pointed by the City Council to function as the City Health
Officer .
' (h) "Restaurant" means any coffee shop, cafeteria, short-order
cafe, luncheonette, tavern, cocktail lounge, sandwich stand,
temporary refreshment stand, soda fountain, private school
cafeteria or eating establishment, in-plant or employee eat-
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Ordinance No. 56 - Health and Sanitation Ordinance
ing establishment, and any other eating establishment, organ-
ization, club, including veterans club, boardinghouse, or
guest house, which gives, sells, or offers for sale, food to
the public, guests, patrons, or employees, as well as kit-
chens in which food is prepared on the premises for serving
elsewhere, including catering functions. "Restaurant" does
not include vending machines, vehicles, cooperative arrange-
ment by employees who purchase food or beverage for their own
consumption and where no employee is assigned full time to
care for or operate equipment used in such arrangement, or
private homes; nor does the term "restaurant" include
churches, church societies, private clubs or other nonprofit
associations of a religious, philanthropic, civic improve-
ment, social, political, or educational nature, which receive
' donations of food, food products or beverages for service or
sale at a reasonable charge to their members or to the gener-
al public at occasional fund raising events, for consumption
on or off the premises at which the food, food products, or
' beverages are served or sold, if the service of sale of such
food, food products or beverages does not constitute a pri-
mary purpose or function of the club or association, and if
no employee or member is assigned full time to care for or
operate equipment used in such arrangement.
' 6-1.02. Permit - required.
It is unlawful for any person, firm, or corporation to sell, offer
for sale, distribute, or have in possession for sale or distribution
any food or drink intended for human consumption in any food or drink
establishment, restaurant, food market, retail food processing estab-
lishment, or retail food vehicle, as defined in Section 6-1. 01, unless
possessing a valid permit to be obtained in the manner provided here-
by. The permit shall be displayed prominently in or upon the place of
business for which it is issued, or in the case of a retail food vehi-
cle, shall be carried by the driver .
6-1.03. Closure.
A food establishment may be ordered closed by the Health Officer
when that establishment is operating without a valid health permit.
' 6-1. 04. Permit fees.
All applications for permits shall be on a form suplied by the
Health Officer and shall be accompanied by payment of the fees as es-
' tablished by resolution of the City Council.
6-1.05. Permit - prorating fees.
In the case of a new business requiring a permit under Section
6-1.02, or a transfer or ownership of an existing business, fees shall
I be prorated on a quarterly basis for the remaining part of the permit
year; provided, however , no fee shall be reduced or prorated to an
amount less than Five Dollars ($5.00) .
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Ordinance No. 56 - Health and Sanitation Ordinance
6-1.06. Permit - renewal.
A fifty percent (50%) penalty shall be added to the applicable fee
for failure to make application for yearly renewal within thirty
' (30) days from the date of expiration of the prior permit, or for
failure to apply for a permit before opening for business in the case
of a new business, transfer of ownership or seasonal operation.
6-1.07. Permit - exemptions from fees.
The fee schedule in Section 6-1. 04 shall not apply to any non-pro-
fit organization of a religious, political, philanthropic, civic im-
provement, social or educational nature, except that this fee schedule
shall apply to all such organizations whose principal reason for exis-
tence is to engage in the activities of a food establishment.
6-1.08. Permit - transferability.
' Health permits issued pursuant to the provisions of this chapter
shall not be transferable from one person, firm, or corporation to
another person, firm, or corporation or from one location to another
' location.
6-1.09. Investigation by City Health Officer .
The Health Officer shall investigate and issue such permit when
the place of business conforms to the laws of the State of California,
and the provisions contained herein. Inspections shall be based upon
' the provisions of Division 21 of the California Health and Safety Code
and on rules and regulations of the State Board of Public Health and
subsequent modifications thereof.
6-1.10 . Permit - valid period.
Such permit shall be in force for the calendar year in which
issued unless revoked for cause. Renewal of permits shall be applied
for and issued in the same manner as for original issuance.
' 6-1.11. Health officer ' s duties.
The Health Officer , with the approval of the City Council, may
establish such rules or regulations as may be necessary for the proper
and orderly administration of the provisions hereof.
6-1.12. Permit - refusal, suspension or revocation.
(a) Permits shall be refused by the Health Officer upon a finding
that any provision of any health law of the State of Califor-
nia, or any of the provisions hereof have not been complied
with.
' (b) A permit may be immediately suspended, and the food estab-
lishment, or any portion thereof, may be ordered closed or
inoperable by the Health Officer for violation of any provi-
sions of this title when, in his opinion, the danger to pub-
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Ordinance No. 56 - Health and Sanitation Ordinance
lic health is so imminent, immediate and threatening as not
to admit of delay. In the event of such suspension, the
holder shall be given an opportunity for an office hearing
before the Health Officer within forty-eight (48) hours of
the time of suspension. Upon conclusion of the office hear-
ing, the Hearing Officer may decide to:
' (1) Dismiss the charges and reinstate the permit; or
(2) Reinstate the permit conditioned upon correction of the
health violation; or
(3) Revoke the permit.
(c) If, in the opinion of the Health Officer , the danger to pub-
lic health is not so imminent, immediate and threatening as
to admit of delay, the Health Officer shall send a notice of
violation to the permittee and seek to achieve compliance
' informally by means of a correction schedule and reasonable
inspections. If, as a result of subsequent inspection, it is
determined that the permittee has failed to comply with the
' schedule and correct the .noticed deficiencies, the Health
Officer shall send a notice to determine whether or not the
permit should be revoked. Upon conclusion of the office
' hearing, the Hearing Officer may decide to:
(1) Dismiss the charges; or
' (2) Establish a correction schedule; or
(3) Revoke the permit.
(d) All office hearings referred to herein shall be conducted in
accordance with procedures adopted by the Health Department.
The applicant or permittee may call and examine witnesses,
' introduce exhibits, question health officials and opposing
witnesses on any matter relevant to the issue, and may rebut
evidence against him. The hearing shall not be conducted
according to technical rules relating to procedure, evidence
or witnesses. All relevant evidence shall be admitted. The
health officer shall insure that an informal record of the
' proceedings is maintained.
(e) Whenever the issuance of a permit is refused, or a permit is
revoked and the required office hearing has been held, the
' applicant or permittee may appeal from the action of the
Health Officer to the City Council by filing a notice of ap-
peal with the City Clerk within ten (10) days of the action
' by the Health Officer . The matter shall be set for hearing
before City Council at the earliest possible date and reason-
able notice of the time and place shall be given to the ap-
plicant or permittee and to the Health Officer . The City
Council shall hear the evidence offered by the applicant or
permittee and the health officer and shall forthwith decide
the issue. Unless the City Council rescinds ,the Health Of
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Ordinance No. 56 - Health and Sanitation Ordinance
ficer' s action by a majority vote, his decision shall be
' deemed affirmed.
The decision of the City Council shall be final.
6.1.13. Permit - prerequisite to business license.
' No business license shall be issued for any food or drink estab-
lishment by the City for which a valid permit is required by this
chapter or any other ordinance of the City, until such person, firm,
or corporation, or agent, or employee of such person, firm, or corpor-
ation can show possession of a valid permit from the City Health
Officer .
6-1.14. Floor construction.
The floors of every food and drink establishment shall be of
smooth cement, smooth-surfaced wood or other impermeable surface, so
laid and constructed as to be even and free from cracks and holes.
The side walls and ceilings shall be well constructed of smooth-
finished, cleanable material without cracks or crevices therein or
shall be well plastered, and finished with a smooth light-colored sur-
face.
' 6-1.15. Walls and ceilings - painting.
If, for sanitary reasons, the Health Officer deems it necessary,
' the walls and ceilings shall be painted with a light-colored paint at
least once a year.
6-1.16. Floors, walls, ceilings, entrances.
All floors, walls, ceilings and entrances shall be so designed,
constructed and maintained as to exclude rats, mice, vermin, flies and
' other insects.
6-1.17. Ventilation - lighting.
' Every building, room or portion thereof used as or for a food or
drink establishment shall be well ventilated by means of windows, or
sky lights with louvers, or mechanical ventilation effectively used
and operated. Every food and drink establishment shall be adequately'
lighted by natural or artificial light so that all parts of such es-
tablishment may be readily seen. No person shall sleep in any room
used for the preparation, storage or serving of food.
6-1.18. Kitchen ranges.
Every hood over a kitchen range shall be of metal equipped with a
grease lip and ventilated with an approved ventilator or ventilating
flue, so arranged, constructed and maintained as to carry off all
odors to the outside air and kitchens shall be so ventilated as to
insure good ventilation therefor , and freedom from any obnoxious, ob-
jectionable or offensive odors.
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Ordinance No. 56 - Health and Sanitation Ordinance
6-1.19. Sinks.
No wooden sinks or wooden sinks lined with metal, shall be used in
any food and drink establishment. All sinks shall be at least two-
compartments, made of metal or porcelain and with attached metal drain
boards. All sinks used for dish and glass washing in any food and
drink establishment shall be supplied with hot and cold running water .
All meat markets, bars, and all other food producing or distribution
establishments shall be supplied with hot and cold running water .
6-1.20. Refuse trays.
Refuse trays in all restaurants and eating establishments shall be
made of metal or other impervious materials, and drain pipes from such
trays shall be of metal and shall be kept in a clean and sanitary con-
dition.
6-1.21. Animals and Fowl.
No parrots, dogs, cats or other animals shall be kept or permitted
in any establishment where the foods herein mentioned are kept, sold
or dispensed.
6-1.22. Watercloset facilities.
Every food and drink establishment shall be provided with adequate
watercloset facilities for each sex in separate compartments, well-
lighted and ventilated to the outside air . Floors of water-closet
compartments shall be of smooth-finish cement, tile or other imper-
vious material. No watercloset compartment shall have direct communi-
cation with any kitchen, room or any place where food or drink is pre-
pared, stored or served unless it shall be separated therefrom by
means of a properly lighted vestibule with ceiling height partitions
and a full-length solid-panel, self-closing door . All watercloset
fixtures, compartments, and vestibules shall be kept in good order and
repair and free from any accumulation of rubbish, waste matter or
other material, and shall not be used as a storeroom for foodstuffs.
6-1.23. Wash basins - lavatories.
Every establishment shall be provided with suitable wash basins or
' lavatories with an adequate supply of running hot and cold water ,
soap, and clean individual towels, and shall be conveniently located
in the dressing rooms or adjacent to the waterclosets.
6-1.24. Dressing rooms for employees.
Every establishment shall be provided with suitable, well-lighted
dressing rooms, for the employees or other persons working therein,
for the changing and/or hanging of wearing apparel. Dressing rooms
shall be separated from the kitchen, dining or storeroom by ceiling-
height partitions.
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Ordinance No. 56 - Health and Sanitation Ordinance
6-1.25. Food exposed to flies and vermin.
It is unlawful for any person, firm or corporation to sell, expose
or offer for sale any article of food prepared for human consumption,
' which article of food is cooked, smoked or otherwise prepared and in-
tended for human consumption without further cooking, washing or other
preparation, unless such article or articles of food are covered or
enclosed by glass or with some other approved substance or material in
such a manner as to prevent the handling of any such article or arti-
cles of food by any person or persons other than the person or persons
selling or offering or exposing for sale, and to prevent any such ar-
ticle or articles of food from coming in contact with any flies, in-
sects, vermin, or other deleterious, unwholesome or unhealthy sub-
stance or commodities.
6-1.26. Sugar containers.
No owner , operator or employee of any food or drink establishment
shall use or permit the use of any sugar container designed for use of
patrons of any such establishment which is not so enclosed as to make
it impossible to insert a spoon or other item of tableware therein;
provided, however, that nothing herein contained shall apply to the
use of cube or lump sugar where the same is wrapped in paper or cello-
phane or other protective covering.
6-1.27. Resale of partly consumed foods.
It is unlawful for any person, firm or corporation owning, con-
ducting, operating or maintaining any food or drink establishment in
the county to sell or offer for sale or to serve, or to cause or per-
mit to be served for food, to or for any person, any article of food
which has been previously served to any person, or which has been re-
turned from the table, except the following: Unbroken rolls, muffins,
buns, crackers, undamaged fruits, olives, pickles, sugar , syrup, con-
diments, and the like articles necessary for the general service on
restaurant or lunch stands, table or counter.
6-1.28. Refrigeration of pastries.
All custard and cream filled pastries shall be kept refrigerated
at all times at a temperature not higher than fifty degrees Fahren-
heit, except when actual sale is being made. The apparatus used in
filling pastries shall be made of metal or rubber and cleaned before
each use by means of boiling water or live steam or other suitable
methods.
6-1.29. Use of tobacco while handling food.
It is unlawful . for any person to smoke or chew tobacco or to use
tobacco in any manner while engaged in preparation, cooking, or handl-
ing of food.
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Ordinance No. 56 - Health and Sanitation Ordinance
6-1.30. Protection of fruits and vegetables.
All fruits and vegetables must be kept at least eighteen inches
(18") above the floor level at all times, or else be protected by
wood, metal or glass cases. Vegetables, fruits, or other products
when delivered to establishments, shall not be left upon the sidewalk
any longer than is absolutely necessary.
6-1.31. Sanitation required.
All floors, walls, ceilings, stairs, or shelves, furniture equip-
ment, utensils, foods-area ways, yards, alleys, waterclosets, dressing
rooms, plumbing fixtures in or in connection with any food or drink
establishment shall at all times be kept in good order and repair and
be maintained in a clean, sanitary condition and free from all kinds
of vermin, rubbish, debries or filth.
6-1.32. Previously used articles or _utensils.
No article or utensil shall be used in there aration of an
P P Y
food that has been previously used for any unclean purpose nor shall
any chipped, cracked or broken cups, saucers, plates, or glasses be
used in the serving of patrons of any food or drink establishments.
6-1.33. Napkins, tablecloths, linens.
No napkin, tablecloth, or other dining room linens, shall be used
for any purpose or use except by the patrons.
6-1.34. Ice boxes - refrigerators.
Ice boxes or refrigerators shall be scrubbed with hot water and
some cleansing agent at least once each week and shall be kept in good
order and repair, clean and sanitary at all times, and shall be prop-
erly drained.
6-1.35. Garbage containers.
Metal receptacles with tight fitting covers for garbage and rub-
bish shall be provided. The contents shall be removed regularly and
they shall be kept in good order and repair and thoroughly cleaned
after emptying.
6-1.36. Preparation of food - general.
No food shall be prepared in an unclean manner , nor shall any
article or material be used in making or preparing of any food or
drink that is spoiled, decayed, contaminated or unwholesome, or that
does not comply with the laws of the State of California and the pro-
visions hereof against adulteration.
6-1.37. Rooms for preparation of food.
No food or food articles intended for human consumption shall be
p
kept or prepared in any room or place where any drugs or chemicals are
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Ordinance No. 56 - Health and Sanitation Ordinance
mixed, prepared, compounded, or used, or kept in unsealed, open or
' broken containers or receptacles.
6-1. 38. Sterilization of dishes.
In every place where food or drink is prepared, sold or offered
for sale, all eating or drinking utensils such as knives, forks,,
spoons, cups, saucers, plates, bowls and glasses shall, after being
used, be cleaned and sterilized by:
(a) First removing all particles of food or foreign substances;
(b) Then thoroughly being washed in clean, hot water to which has
been added a sufficient amount of soap or other cleansing
agent;
(c) Then being rinsed in hot water near the boiling point.
i6-1.39. Sterilization of drinking glasses.
Drinking glasses shall be thoroughly washed and sterilized by:
(a) Emptying the unconsumed liquids of "dregs" into a separate
slop-hopper or sink;
' (b) Thoroughly washing the glass in warm water to which has been
added a sufficient amount of cleansing detergent to dissolve
and remove all grease, lipstick or foreign matter;
' (c) Immersing the glass in a clean solution of water to which has
been added an amount of chlorine to equal at least two hun-
dred parts per million at all times, or by use of other chem-
ical sterilizing agents approved by the County Health Depart-
ment in suitable amounts;
i (d) Not rinsing glasses with clear water _after once sterilizing
in chlorine solution. It is not permissible to place
glasses, dishes, utensils, or similar articles on towels.
6-1.40. Refrigerator pipes and suspended pipes.
Refrigerator pipes and suspended pipes shall be properly protected
so as to prevent condensation from dropping into or on any foodstuffs
or any receptacle or apparatus used in the preparation of food.
6-1.41. Violation of closure order.
The willful reopening of a food and drink establishment after re-
' ceipt of a notice of closure is punishable as a misdemeanor.
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Ordinance No. 56 - Health and Sanitation Ordinance
Chapter 2. Plan Approval
6-2.01. Construction plans required.
' When a building permit is required to construct, convert, alter or
remodel a restaurant, bakery, commissary, food establishment open to
the outside air , retail dairy, roadside stand, retail food production
and marketing establishment, public swimming pool, organized camp,
public water supply system, or a noncommunity on-site sewage disposal
system serving mobilehome parks or recreational vehicle campgrounds,
four sets of plans drawn to scale and accompanied by a complete set of
schedules and specifications shall be submitted to the Planning De-
partment. The Chief Building Inspector shall furnish one complete set
of plans to the health officer for his approval. The plans shall be
approved, modified or rejected within ten (10) working days after the
receipt by the Health Department and the applicant shall be notified
of such decision. When required, a building permit shall not be
issued until the health officer has approved the plans. When a build-
ing permit is not required to perform the above listed activities,
three (3) complete sets of plans shall be submitted to and approved by
the health officer before work is initiated on the project.
6-2.02. Plan check fees.
All plans submitted pursuant to Section 6-2. 01 shall be accom-
panied by payment of the plan check fees, as established by resolution
of the Council.
6-2.03. Penalty fee.
A fifty percent (50%) penalty shall be added to the applicable fee
' for failure to submit plans prior to initiating work on a project re-
quiring construction plans.
6-2.04. Stop work order.
Whenever any construction work is being performed without the
prior approval of the plans by the Health Officer or contrary to the
Health Officer' s approved plans, the health officer may order the work
stopped by notice in writing served on any persons engaged in doing ,or
causing such work to be done, and any such persons shall forthwith
stop such work until authorized by the Health Officer to proceed.
6-2.05. Violation of stop work order .
The willful violation of the written stop work order is punishable
as a misdemeanor.
' Chapter 3. Seasonal Farm Labor Camps
6-3.01. Definition.
As used in this chapter, a "seasonal farm labor camp" means any
place where more than one tent or camp car or trailer coach or any
other type of shelter is erected or maintained or occupied or intended
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Ordinance No. 56 - Health and Sanitation Ordinance
to be occupied for living and/or sleeping purposes for a period of not
to exceed six (6) months of continuous occupancy by persons performing
or intending to perform farm labor, or any place where five (5) or
more such persons live and/or sleep.
' 6-3.02. Permit to conduct or operate.
It is unlawful to construct, reconstruct, maintain, commence the
operation of, or operate a seasonal farm labor camp upon any public or
private property in the City without first having made application to
the Health Officer , and receiving from him a permit to do so. Such
permits shall not be issued without obtaining Planning Department ap-
proval. Such permits shall be valid for a period of not more than six
(6) months.
6-3.03. State code adoption.
To secure uniformity of standards and to faiclitiate the adminis-
tration of the provisions hereof, Sections 2417 through 2421, inclu-
sive, of Division 2, Part 9, Chapter 1, Article 4 of the Labor Code of
the State of California are adopted and made a part of this chapter .
6-3.04. Enforcement.
The Health Officer and his duly appointed representatives shall
have authority to enforce the provisions hereof.
Chapter 4. Solid Waste Collection
6-4.01. Definitions.
As used in this chpater, the following words and phrases shall
have the meaning ascribed to them in Government Code, commencing with
Section 66710 and 68010 or Health and Safety Code, commencing with
Section 25110 or Title 14 California Administrative Code, commencing
with Section 17725 unless from the context-a different meaning is
clearly apparent:
,(a) "Collection Station" means the location where the occupant of
any premise places refuse in standard containers for collec-
tion by an authorized refuse collector .
' (b) "Council" is the City of Atascadero City Council.
(c) "Disposal Site" is any site, location, tract of land, area,
building, structure, or premise permitted by law to be used
for disposal of solid waste. '
(d) "Contractor" includes and means a person who the City has
granted the privilege of collecting and disposing of refuse,
garbage, rubbish and other solid waste produced within the
limits of the City under the terms set out in this chapter ,
and under the provisions of the contract agreement.
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Ordinance No. 56 - Health and Sanitation Ordinance
(e) "Garbage" means and includes kitchen and table refuse, offal,
swill, and every accumulation of animal and vegetable refuse,
and other matter that attends the preparation, consumption,
decay, or dealing in or storage of meats, fish, foul, birds,
fruits, or vegetables. It shall also include crockery, bot-
tles, tin vessels, fireplace ashes, and all or any refuse,
save and exceptingias herein defined as rubbish or rubble.
(f) "Refuse" includes and means garbage, rubbish or both.
(g) "Refuse Collector" includes and means the same as heretofore
defined for the term "Contractor".
(h) "Rubbish" includes and means all combustible and non-combus-
tible waste matter , excepting garbage ordinarily accmulating
in and about residences, flats, buildings, apartment houses,
lodging houses, hotels, restaurants, eating houses, stores,
shops, offices, and other public buildings. Among other
things, it shall include tree trimmings, grass cuttings, dead
plants and weeds, but does not include rubble.
(i) "Rubble" includes and means all debris from the construction
demolition or alteration of buildings, earth, rocks or incin-
erator ashes, brick, mortar , concrete and similar solid ma-
terial.
' (j) "Solid Waste" includes and means all waste substances includ-
ing garbage as well as combustible and non-combustible
1 wastes.
6-4.02. Careless disposal of solid waste.
(a) No person shall place or dump, or hire any person to place or
dump, any solid waste upon the right-of-way of any public
highway, street, or thoroughfare, or upon the banks of any
r stream or dry watercourse, or upon the private property of
any person, inhabited or uninhabited, within the City except
with the permission of the Health Officer.
(b) Disposal of hazardous wastes shall be governed by Health and
Safety Code Sections 25190 and 25191 and ,Title 23 California
Administrative Code, commencing with Section 2500 , Waste Dis-
posal to Land.
6-4.03. Private property to be free of excess solid wastes and
litter .
The owner , occupant or operator of any premises, business estab-
lishment, or other property, vacant or occupied, shall be responsible
for the safe and sanitary storage of all solid waste accumulated on
the property. The property shall be free of excessive amounts of sol-
id wastes and litter except that manure, wood, leaves, soil, or grav-
el, may be accumulated, providing that no public or private nuisance
is created.
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Ordinance No. 56 - Health and Sanitation Ordinance
6-4.04. Garbage disposal frequency.
(a) The occupant of any dwelling, house or place of human habita-
tion, including a business establishment, except as provided
' in subsection (b) below, shall dispose of or remove from the
premises, at least once each week, all garbage created or
produced, or accumulated in or about the premises.
(b) All garbage created, produced, or accumulated at or about any
restaurant, retail or wholesale market, food processing fa-
cility, hotel, motel, or other business establishment where
food is sold, prepared or served, shall be removed from the
premises at least twice each week or more 'frequently if such
is determined necessary by the Health Officer .
6-4.05. Collection schedule.
(a) Each contractor shall provide a minimum regular weekly col-
lection for his/her customers within the territory specified
in his permit, except as may be approved by the Council.
(b) No collections shall be made in residential districts or at
schools, churches, hospitals, offices or commercial estab-
lishments, or adjacent to such residential districts prior to
six a.m. or after nine p.m.
-4 r
6 .06. Servicing all requests required.
(a) The contractor shall provide pickup service to all residen-
tial premises and commercial establishments situated within
the area specified in his/her permit should the residential
occupant or operator of a commercial establishment request
such service.
(b) No contractor may refuse to accept any solid waste from any
person providing that the disposal site is authorized to ac-
cept such waste. Exceptions may be approved by the Health
Officer.
6-4.07. Solid waste storage.
(a) No person maintaining any premises where garbage is created,
accumulated, or produced shall fail or neglect to procure and
utilize a container or containers (in required numbers) as
specified in (1) , (2) , (3) or (4) below:
(1) All garbage created, accumulated or produced on the
premises is to be stored in watertight, impervious con-
tainers having closefitting' lids and shall be con-
structed of substantial, nonabsorbent materials.
(2) All solid wastes, other than garbage, are to be stored
in containers which are sufficient in size to hold all
such waste without spilling or causing litter or a nui-
sance. Paper or plastic bags may be used if they are of
14
Ordinance No. 56 - Health and Sanitation Ordinance
sufficient strength to resist puncture or attack by ani-
mals.
(3) Mixed solid wastes may be stored together if the con-
tainer meets the requirements set forth in subsection
(1) above.
(4) Mechanically lifted bins may be used if they meet the
requirements of the State Minimum Standards for Solid
Waste Handling and Disposal, Title 14 California Admin-
istrative Code, commencing with Section 17301.
(5) All such containers with the exception of bags specified
in subsection (2) above or mechanically dumped bins
shall have external andles, or a bail. With the excep-
tion of mechanically dumped bins, containers shall not
exceed thirty-five (35) gallons in capacity and a total
weight of seventy-five (75) pounds. Where putrescible
waste is deposited, the container shall have doors or
covers which are insect resistent (and such doors or
covers shall remain closed except during loading and
unloading)
(6) Containers for refuse should be of an adequate size and
in sufficient number to contain, without overflowing,
all the refuse that a household or other establishment
generates within the designated removal period.
(b) Location of solid waste containers:
(1) Each solid waste container provided by the owner, mana-
ger or person in possession, charge or control of any
resiential, commercial, or industrial buildings, com-
plexes, developments and projects and every person oc-
cupying a dwelling within the City shall be kept or
placed entirely above ground level at a location which
is convenient for access by collection personnel during
the time for collection, as set forth in subsections
(2) and (3) below.
(2) Where there is an alley, other than a blind alley, such
approved receptacles shall be placed on the premises
within five feet (51 ) of the closest property line or
alongside the alley.
I (3) Where there is no alley, such cans or containers shall
be placed on the premises as follows:
(i) Where pickup is by human labor approaching from the
street, and where garbage cans are used, the can(s)
shall be placed adjacent to the street from where
the collector enters the property. Provisions
' shall be made for easy access, with no obstacles.
Where walk-ins are required, proportionately higher
rates may be set.
15
Ordinance No. 56 - Health and Sanitation Ordinance
(ii) Where pickup is by collection vehicle, the con-
tainer (s) shall be located in a solid waste storage
area.
(c) Requirements for solid waste storage area.
(1) Each individual dwelling unit or occupancy shall be pro-
vided with an individual or centralized solid waste
storage area where solid waste can be deposited and
stored for later removal from the premises.
(2) Each storage area serving any building or occupancy us-
ing solid waste bins shall be located within one hundred
feet (100' ) of the dwelling or building it serves. Con-
tainers or bins with a capacity of over thirty-five (35)
gallons shall not be permanently located closer than
twenty-five feet (251 ) to any windows, doors or ventila-
tion intake in any dwelling or other building, either on
the subject property or adjacent properties. No can or
bins shall be placed in any front setback area or on
public property. Sufficient retaining walls, guard
' rails, etc. , shall be constructed to protect adjacent
parking spaces. The floor or bottom surface of the sol-
id waste storage area shall be made of concrete or other
approved impervious material and shall provide an anti-
roll curb. The geometry of the refuse collection area
shall be such that bins may be conveniently loaded onto
or emptied into collection vehicles without having to
move the bins prior to their }nitial contact with the
collection vehicle at the start of the sequence of the
vehicle cycle; except that bins equipped with wheels or
casters may be located such that they do not have to be
moved more than ten feet (10' ) to properly position them
to make the initial contact with the vehicle with the
provision that the bin can be moved safely by one per-
son.
6-4.08. Non-complying containers,
Containers which do notom h
c ply with the requirements as stipulated
in this chapter or which deteriorate to the point where they do not
comply will be tagged by the contractor and, if not replaced by the
next regular collection day, will be considered as rubbish and will be
removed by the contractor in the same manner as any other rubbish.
i6-4.09. Collection regulations.
The refuse collector shall be required to replace covers on con-
tainers after emptying, but not responsible to pick up refuse which
has been scattered on the premises by others. Refuse and garbage con-
tainers shall not be placed adjacent to the street for pickup more
than twenty-four (24) hours prior to pickup time, and such containers
shall be removed within the twelve (12) hour period following pickup.
It is unlawful to place rubbish at the curb or edge of the roadway so
that the public right-of-way is obstructed.
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Ordinance No. 56 - Health and Sanitation Ordinance
6-4.10. Agricultural byproducts.
(a) Culled fruits and vegetables which cannot be used for animal
feed, returned to soil, or recovered in another manner shall
be disposed of only in a disposal site.
(b) Agricultural byproducts or wastes, not of plant or animal
origin, such as nonhazardous packaging, plastic film or shop
t wastes, shall be disposed of in a disposal site.
6-4.11. Solid waste regulation exemptions.
Not withstanding the provisions of Sections 6-4. 03 through
6-4.10. : -
(a) The occupant of any private property may allow swill to be
accumulated, stored, disposed of, or used for stock feeding
on the premises, as long as such swill is not permitted to
' become a nuisance due to the breeding or attraction of flies
or rodents, or from odors, or to create a hazard to the pub-
lic health, safety, or welfare. Any such agricultural opera-
tions shall camply with the Agricultural Solid Waste Manage-
ment Standards, Title 14, California Administrative Code,
commencing with Section 17801.
(b) The occupant of a ranch or farm may dispose of his/her own
solid waste on the property by burial of the solid waste, and
may accumulate manure, wood, leaves, soil, and gravel on the
property, but he/she may not allow any other person to use
his/her property for the disposal of solid waste. Such buri-
al shall be carried out according to sanitary landfill meth-
ods.
(c) The provisions of this chapter should not be interpreted to
prevent the maintenance of a compost pile on private prop-
erty, so long as it does not become a public or private nui-
sance.
' 6-4.12. Solid waste transportation.
No solid waste or rubbish shall be removed and carried on and
along the streets and alleys of the City except that the same be car-
ried, conveyed or hauled in conveyances so constructed as to be abso-
lutely dust-proof, and so arranged as not to, permit dust or other mat-
ter to shift through or fall upon the streets and alleys. The con-
tents of such conveyances must be further protected so as to prevent
the same from being blown upon the streets, alleys and adjacent lands.
(a) Wet Garbage Transportation. No wet garbage shall be removed
and carried on or along any street or alley of the City ex-
cept the same be transported in water-tight containers with
proper covers, so that the garbage shall not be offensive and
every such container shall be kept clean and the garbage
shall be so loaded that none of it shall fall, drip or spill
to or on the ground, sidewalk or pavement.
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' Ordinance No. 56 - Health and Sanitation Ordinance
6-4.13. Contract- -Required, solid waste collection and trans-
port-
(a)
rans-
rt(a) It is unlawful for any person to collect, haul, or transport
' for hire solid waste on any roadway within the City unless
there is in force, with respect to such person, a contract to
engage in such occupation, as provided in this chapter . The
provisions of this section shall not apply to persons or
business establishments hauling household, industrial, or
commercial waste or residue from their own premises, to farm-
ing or agricultural operations - however , those exempt from
the requirements of this section shall not create a public or
private nuisance, and shall comply with all other require-
ments for collection and transportation of solid wastes.
(b) Such contract shall provide that the contractor shall collect
and dispose of the refuse, garbage, rubbish and other solid
waste materials in the City in the manner as set forth in
this chapter , and shall not charge any amounts in excess of
the rates specified in the contract agreement or by resolu-
tion of the Council. The contract shall be required to fur-
nish a cash or surety bond to the City in the amount of
$25,000 conditioned upon the faithful performance of the con-
tract agreement and the provisions of this chapter.
(c) The contract agreement shall provide that the contractor
shall be required to dispose of all refuse or garbage and
rubbish at a disposal site approved by the County Health De-
partment of the County of San Luis Obispo.
(d) The contract agreement shall require that the contractor pro-
cure for the period covered by the contract, full compensa-
tion insurance in accordance with the provisions of the State
Labor Code.
(e) The contract agreement shall require that the contractor
carry public liability insurance to the extent of at least
FiveHundredThousand Dollars ($500,000) , for the death or
' injury to one (1) person and at least One Million Dollars
($1,000 ,000) for the death or injury of more than one (1)
person, and property damage insurance of at least Five Hun-
dred Thousand Dollars ($500 ,000) , upon each of the trucks or
vehicles used by the refuse collector in carrying out the
work called for in the contract agreement; such insurance to
cover both the City and the contract. Said insurance amounts
shall be reviewed periodically by the City and a amended by
resolution, of the Council.
(f) The City Council, by resolution, shall have power to provide
for the inclusion in the contract agreement of such terms as
it deems necessary to protect the interest of the City.
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Ordinance No. 56 - Health and Sanitation Ordinance
6-4.14. Collection rates for solid waste disposal.
Rates for refuse collection charges shall be based upon the number
and type of containers, quantities collected, frequency and type of
service provided, and whether it is residential or commercial service.
Council, by resolution, shall establish such rates.
1 6-4.15. Free Collection of Rubbish.
The contractor , in addition to providing mandatory collection ser-
vice, shall provide a free pickup of all rubbish, exclusive of gar-
bage, from the front property line of each premise within the City in
conjunction with the City and Community sponsored "Clean Up Week" .
All rubbish placed in standard containers; boxes, cans, bales,
j bundles, or as separate items, none of which shall exceed seventy-five
(75) pounds in weight, and five feet (51 ) in length, will be picked
up free of charge at, a time and on the date specified by public no-
tice. This free collection is to be provided on but not limited to an
annual basis to further encourage the beautification of the City and
to help create a cleaner and better place in which to live.
' 6-4.16. Complaints.
Any person receiving refuse collection service in the City of
Atascadero who contends that the service that has been provided has
been less than that set forth under the provisions of this chapter , or
that service has been refused, or that the employees of the contractor
have been discourteous, has the right to file a written or verbal com-
plaint to the said contractor . The contractor shall receive, investi-
gate and deal with said complaint in a professional manner . If the
person lodging the complaint contends that he or she is unable to re-
ceive due satisfaction, then said person may file a written account of
the problem to the City Manager setting forth the facts of alleged
disservice. If it is found that a disservice had been made by the
contractor, the Council, after due public hearing, may, at its discre-
tion, take corrective action such as --but not limited to the following:
Levy fines or terminate any contract issued under the provisions of
this chapter .
6-4.17. City Manager .
er .
It shall be the duty of the City Manager or his authorized agents
to enforce the provisions of this chapter except as the provisions of
Government Code Section 66796 and 66796.10 specify the responsibili-
ties and powers of the County Health Officer . Any permit or license
of any type issued by any department or officer of the City issued in
conflict with the provisions of this chapter is declared null and
void.
19
s
Ordinance No. 56 - Health and Sanitation Ordinance
Chapter 5. Septic Tanks
6-5.01. Disposal of material from cesspool or septic tank.
' No person shall engage in the cleaning, pumping, hauling or dis-
posing of material from a septic tank, cesspool or any other tank or
pit used for the collection of human excrement without first having
obtained a permit in writing from the Health Officer . All applica-
tions for permits shall be on a form supplied by the County Health
Department and shall be accompanied by the following fees:
' (a) Those engaged in the business of activities designated here-
in:
' Sewage pumpers -
one vehicle ----------------------- $25.00
each vehicle over one -------------
Chemical toilet supplier ------------ $50 .00
(b) Those not engaged in the business of but who perform the ac-
tivities designated herein resulting from the use, operation
1 or occupancy of their private property shall pay onehalf the
fee or fees designated in subdivision (1) .
6-5.02. Equipment -- Inspection.
No permit will be issued to any Person unless written applica-
tion has been made and all trucks, tanks, conveyances and equipment
' used for the aforementioned purposes have been inspected and passed
upon by the Health Officer or his duly authorized representatives.
6-5.03. . Equipment -- Requirements.
All trucks or other conveyances must be provided with non-leakable
metal tanks. All tanks are to be equipped with property and nonleak-
able valves and tight fitting covers so as to prevent spillage or
drippage while in transit to disposal site.
' 6-5.04. Connection of tubing to domestic water lines.
No hose, pipe line, or tubing shall be connected from the domestic
waterline to any pump, suction pipe, or other equipment used in the
cleaning, pumping or removing of material from any septic tank, cess-
pool or pita
6-5.05. Disposal of human excrement.
No person shall dispose of any of the cleanings containing human
excement from septic tanks, cesspools or pits in or upon any place,
area, stream or watercourse where it may become offensive or a menace
to public health.
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' Ordinance No. 56 - Health and Sanitation Ordinance
6-5.06. Cleanings not be used as fertilizer .
No cleanings shall be used for fertilizing any growing vegetables,
garden truck, or low growing fruits or berries.
' 6-5.07 . Permit required for disposal of cleanings.
' All persons shall be required to obtain a permit from the Health
Officer before making any disposition of any cleanings of sludge from
septic tanks, cesspools or pits.
' Chapter 6. No-Smoking Areas Established in Certain Public Places
6-6.01. Purpose.
tBecause smoking of tobacco or any other weed or plant is a posi-
tive danger to health and a cause of material discomfort and a health
hazard to those who are present in confined places, and in order to
serve public health, safety and welfare, the declared purpose of this
chapter is to establish areas where persons will be free from inhaling
smoke by requiring that areas be reserved for non-smokers in certain
public places and by prohibiting the smoking of tobacco or any other
weed or plant in certain other areas which are used by or open to the
public
' 6-6.02. Definitions.
"Smoke" or "smoking" as defined in this chapter means and includes
' the carrying of a pipe, cigar , or cigarette of any kind which is burn-
ing, or the igniting of a pipe, cigar , or cigarette of any kind.
' "Service line" shall be defined as an indoor line or area which
persons await service of any kind, regardless of whether or not such
service involves the exchange of money. Such service shall include,
but is not limited to, sales, giving of information, directions, or
advice; and transfers of money or goods.
6-6.03. Prohibition in certain public places.
' Smoking shall be prohibited in the following places:
' (a) Elevators, museums, galleries, public transportation facili-
ties open to the public, and service lines of establishments
doing business with the general public;
' (b) Waiting rooms and public hallways of every private or public
health care facility, including but not limited to hospitals;
provided further that this prohibition shall not prevent the
' establishment of a separate waiting room in which smoking is
permitted, as long as there also exists a�iting room in the
same facility in which smoking is prohibited;
1
21
Ordinance No. 56 - Health and Sanitation Ordinance
(c) Waiting rooms, meeting rooms, public assembly rooms, librar-
ies, and restrooms located in all buildings owned or leased
by the City, except in zones designated for smoking by the
Health Officer . Such smoking zones shall not exceed twenty
' percent (20%) of the seating capacity of each room or area;
(d) Within any building not open to the sky which is primarily
used for or designed for the purpose of exhibiting any motion
' picture, stage drama, lecture, musical recital, or other sim-
ilar performance whenever open to the public, except smoking
which is a part of a stage performance, including all rest-
rooms, except that smoking will be allowed in an area common-
ly referred to as a lobby if such lobby is physically sepa-
rated from the spectator area;
(e) Within all public areas in every retail food market, as de-
fined in this title;
' (f) All restrooms open for public use;
(g) Within every restaurant, as defined in this title, having an
occupied capacity of fifty (50) or more persons; provided
that this prohibition shall not apply where a part of the
dining area sufficient to satisfy all public requests for
seating in a non-smoking area is posted and maintained as
such an area.
6-6 .04. Posting of signs.
' Signs which designate smoking or no-smoking areas established by
the ordinance codified in this chapter shall be conspicuously posted
' in every room, building, or other place so covered by this chapter .
The manner of such posting shall be at the discretion of the owner ,
operator , manager , or other person having control of such room, build-
ing, or other place so long as clarity, sufficiency, and conspicuous-
ness are apparent in communicating the intent of the ordinance codi-
fied in this chapter . Establishments described in Section 6-6.03 (e)
shall have a no-smoking sign posted at meat and produce counters and
' checkout Lines.
6-6.05. Enforcement.
(a) The City Manager shall be responsible for compliance with
this chapter as to facilities which are owned, operated, or
leased by the City.
(b) The owner , operator , or manager of an f acilit , business, or
P g Y. Y
agency within the purview of this chapter shall comply here-
with. Such owner, operator , or manager shall post or cause
to be posted all no-smoking signs required by this chapter
and shall call such signs to the attention of any person who
' violates this chapter by smoking in a posted no-smoking area.
22
Ordinance No. 56 - Health and Sanitation Ordinance
(3) The Health Officer of the City and his duly appointed repre-
sentatives and the ordinance enforcement officer designated
pursuant to Section 22.96.021 of this code shall have author-
ity to enforce the provisions of this chapter .
6-6.06. Violation -- Penalty.
' Any person who violates any provision of this chapter by smoking
in a posted no-smoking area or by failing to post or cause to be post-
ed a no-smoking sign required by this chapter is guilty of an infrac-
tion and upon conviction thereof shall be punished as provided by Or-
dinance No. 10 , Chapter 3.
Chapter 7. Inoperative Vehicles
6-7.01. Policies.
In accordance with the determinations made and the authority
' granted by the State of California under Section 22660 of the Vehicle
Code to remove abandoned, wrecked, dismantled, or inoperative vehicles
or parts thereof as public nuisances, the City Manager makes the fol-
lowing findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled,
or inoperative vehicles or parts thereof on private or public property
is found to create a condition tending to reduce the value of private
property, to promote blight and deterioration, to invite plundering,
to create fire hazards, to constitute an attractive nuisance creating
' a hazard to the health and safety of minors, to create a harborage for
rodents and insects, and to be injurious to the public health, safety
and general welfare. Therefore, the presence of such vehicles, or
' parts thereof, on private or public property as defined herein, and
except as expressly hereinafter permitted, is declared to constitute a
public nuisance which may be abated as such in accordance with the
' provisions of this chapter.
6-7.02. Definitions.
As used in this chapter, the following terms shall have the mean-
ings ascribed to them:
' (a) "Vehicle" shall mean a device by which any person or property
may be propelled, moved, or drawn upon a highway except a
device moved by human power or used exclusively upon station-
ary rails or tracks, including, but not limited to, autos,
trucks, buses, motorcycles, trailers, and mobilehomes;
(b) "Public property" shall mean any property owned by a public
' agency, but does not include highways;
(c) "Highway" shall mean a way or place of whatever nature, pub-
licly maintained and opened to the use of the public for pur-
poses of vehicular travel. "Highway" includes streets.
23
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Ordinance No. 56 — Health and Sanitation Ordinance
6-7.03. Exceptions.
This chapter shall not apply to the following:
(a) A vehicle or parts thereof which is completely enclosed with-
in a building in a lawful manner where it is not visible from
the street or other public or private property;
(b) The storage of one (1) vehicle or parts thereof which is lo-
cated behind a solid fence six feet (6' ) in height and which
is not plainly visible from a street, highway, or other prop-
erty;
(c) A vehicle or parts thereof which is stored or parked in a
lawful manner on private property on an approved site in con-
nection with the business of a licensed dismantler , vehicle
dealer, dunk dealer, a towing service, or an auto repair or
body shop, when such storage or parking is necessary to the
operation of an otherwise lawfully conducted business or com-
mercial enterprise.
Nothing in this section shall authorize the maintenance of a pub-
lic or private nuisance as prohibited herein or in Sections 6-4.04
through Section 6-4.11.
6-7.04. Applicability of other laws.
This chapter does not constitute the exclusive procedure for re-
moval of abandoned, wrecked, dismantled, or inoperative vehicles with-
in the City, but supplements and is in addition to all other regula-
tory codes, statutes, and ordinances heretofore or hereafter enacted
' by the City, the State and any other legal entity or agency having
jurisdiction, relating hereto.
6-7.05. Designation of enforcing officers.
Except as otherwise provided herein the provisions of this sub-
division
P
division shall be administered and enforced by the Planning Director
of the City.
6-7.06. Initiation of proceedings.
' When the enforcing officer has reason to believe or observes that
the accumulation and the storage of abandoned, wrecked, dismantled . or
inoperative vehicles or parts thereof on public or private property
constitutes a public nuisance as described in Section 6-7.01, he shall
immediately investigate the same. In the performance of such investi-
gation the enforcing officer and his designees may enter upon private
or public property to examine a vehicle or parts thereof and to obtain
information as to the identity and the ownership thereof. The Health
officer shall assist in such investigation and enforcement as needed.
24
Ordinance No. 56 - Health and Sanitation Ordinance
6-7.07. Notice of vehicle abatement.
If the enforcing officer determines from his investigation that a
public nuisance exists, he shall serve or cause to be served, either
by personal service or by registered or certified mail, a copy of a
notice of vehicle abatement upon every person concerned, including the
owner of the property on which the alleged public nuisance exists, as
shown on the last equalized assessment roll, and the last known regis-
tered and legal owner of the subyect vehicle if the identification
numbers are available to determine ownership. If a notice sent by
registered or certified mail is returned unclaimed, a subsequent no-
tice sent by first class mail, postage prepaid, to the last known ad-
dress of the party concerned shall be sufficient and such notice shall
be effective upon mailing. The failure of any person to receive such
notice shall not affect in any manner the validity of the proceedings
taken hereunder.
6-7.08. Contents of notice of vehicle abatement.
The notice of vehicle abatement served pursuant to Section 6-7.07
shall contain the following information:
(a) The findings, in brief, that the vehicles constitute a public
nuisance;
' (b) That it is the intention of the enforcing officer to abate
the vehicles on the premises, as both are described, fifteen
(15) days from service of the notice of vehicle abatement,
and that the costs of removal may be assessed against the
premises;
(c) A common description of the premises by address or assessor ' s
parcel number and a description of the vehicles, including
license numbers or identification numbers, if these are
' available on the vehicles;
(d) That the owner of the property or any owner of the vehicles
may, within ten (10) days of receipt of the notice, file a
written requst for a hearing before the City Council or such
person as they may designate to hear the matter , to show any
cause why the vehicles should not be abated by the enforcing
' officer;
(e) That the owner of the property on which the vehicles are lo-
cated may either appear at a hearing or present a sworn
statement denying responsibility for the presence of the ve-
hicles and giving the reasons for the denial, and that such
statement shall be deemed a request for a hearing not requir-
ing the presence of the requestor.
6-7.09. Hearing and determination.
All hearings under this subdivision shall be held before the City
Council, or any person they may designate to hear the matter , who may
hear all the relevant evidence pertaining to the alleged public nui-
25
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' Ordinance No. 56 - Health and Sanitation Ordinance
sance, including testimony on the condition of the vehicle or parts
thereof, the circumstances concerning its location on the private or
public property, and the costs of removal and disposal.
The hearing need not be conducted according to technical rules re-
lating to evidence and witnesses. The hearing shall commence within
twenty (20) days of the filing of the written request, and it may be
continued from time to time. Any person affected may be prsent at
such hearing, may be represented by counsel, may present testimony,
and may cross-examine witnesses. The owner of the land on which the
vehicle is located may appear in person at the hearing or present a
sworn written statement in time for consideration at the hearing deny-
ing responsibility for the presence of the vehicle on his land, with
his reasons for such denial.
After the conclusion of the hearing, the City Council may:
(a) Impose such conditions and take such other action as it deems
appropriate under the circumstances to carry out the purposes
of this chapter;
' (b) Delay the time for removal of the vehicle or parts thereof
if, in its opinion, the circumstances justify it; or
(c) Find that the vehicle or parts thereof has been abandoned,
wrecked, dismanteled or is inoperative on private or public
property as a public nuisance and disposed of as hereinafter
provided; and determine the administrative costs and the cost
of removal and charge the same against the owner or other
person in possession of the parcel of land on which the vehi-
cle or parts thereof is located, or again the owner of the
' vehicles, or against them jointly. Any such order requiring
removal shall include a description of the vehicle or parts
thereof, and the correct identification number and license
number of the vehicles if available at the site.
If it is determined at the hearing that the vehicle was placed on
the land without the consent of the landowner and that he has not sub-
sequently acquiesced in its presence, the City Council shall not
charge the costs of administration or of removal of the vehicle
against the property upon which the vehicle is located or otherwise
' attempt to collect such costs from such landowner .
If an interested party makes a written presentation to the City
Council but does not appear , he shall be notified in writing of the
decision.
6-7.10 . Removal,
1
After a finding has been made by the enforcing officer that any
vehicle or parts thereof is a public nuisance under this subdivision
and if no hearing has been requested pursuant to Section 6-7 .08 (d) or
Section 6-7.08 (e) , or if the City Council after a hearing so orders,
the vehicle or parts may be disposed of by removal to a scrapyard or
automobile dismantler' s yard, or to any suitable site operated by a
26
Ordinance No. 56 - Health and Sanitation Ordinance
r
local agency for processing as scrap, or other final disposition con-
sistent with this section. The party removing the vehicle or parts
thereof may in so doing enter upon the private or public property on
which it is located. After removal, a vehicle shall not be recon-
structed or made operative unless it is a vehicle which qualifies for
either horseless carriage license plates or historical vehicle license
plates, pursuant to Section 5004 of the California Vehicle Code, in
which case the vehicle may be reconstructed or made operable.
6-7.11. Notice to Department of Motor Vehicles.
Within five (5) days after the date of removal of the vehicle or
parts thereof, notice shall be given to the Department of Motor Vehi-
cles identifying the vehicle or parts thereof removed. At the same
time, there shall be transmitted to the Department of Motor Vehicles
any evidence of registration available, including registration certi-
ficate, certificate of title, and license plates.
Chapter 8. Cross-Connections Control and Inspections
6-8.01. Purpose.
The purpose of this chapter is:
(a) To protect the public water supply against actual or poten-
tial cross-connections by isolating within the premises con-
tamination or pollution that may occur because of some undis-
covered or unauthorized cross-connection on the premises;
' (b) To eliminate existing connections between drinking water sys-
tems and other sources of water that are not approved as safe
and potable for human consumption;
(c) To eliminate cross-connections betwen drinking water systems
and other sources of water or process water used for any pur-
pose whatsoever which jeopardize the safety of the drinking
water supply;
' (d) To prevent the making of cross-connections in the future;
(e) To encourage the exclusive use of public sources of water
supply:
(f) To protect the drinking water supply within the premises
where plumbing defects or cross-connections may endanger the
drinking water supply available on the premises.
It is the intent of this chapter to recognize that there are vary-
ing degrees of hazard and to apply the principle that the degree of
protection should be commensurate with the degree of hazard.
6-8.02. Definitions.
For theu
purpose of this chapter , the following words and phrases
are defined, and shall be construed as hereinafter set out, unless it
27
Ordinance No. 56 - Health and Sanitation Ordinance
is apparent from the context that they have a different meaning:
(a) "Cross-connection" or "cross-connected" as used in these reg-
ulations shall mean any real or potential connection between
any part of a public water system or other water system sup-
plying potable water to members of the public and any auxil-
iary water supply or any source or system containing water or
any substance that is not or cannot be approved as safe,
' wholesome, and potable for human consumption;
(b) "Approved water supply" shall mean any water supply approved
by, or under the supervision of a public health agency of the
State of California or the City of Atascadero;
' (c) "Auxiliary water supply" shall mean any water supply on or
available to the premises other than the approved public po-
table water supply. These auxiliary waters may include, but
are not limited to, water from another purveyor ' s public po-
table water supply or any natural source such as a well,
spring, river, stream, harbor , etc. , or "used water" or "in-
dustrial fluids" ;
' (d) "Approved check valve" shall mean a check valve meeting the
specifications and approval of a recognized, approved testing
' agency for backflow prevention devices;
(e) "Approved double check valve assembly" shall mean an assembly
of at least two (2) independently acting approved check
valves including tightly closing shut-off valves on each side
of the check valve assembly and suitable leak detector drains
plus connections available for testing the water tightness of
' each valve. The entire assembly shall be made in the factory
of the manufacturer and shall meet the specifications and
approval of a recognized, approved testing agency for back-
flow prevention devices. To be approved, these devices must
' be readily accessible for maintenance testing;
(f) "Air-gap separation" means a physical break between a supply
pipe and a receiving vessel. The air-gap shall be at least
double the diameter of the supply pipe, measured vertically
above the top rim of the vessel, in no case less than one
inch (1") ;
(g) "Approved reduced pressure principal backflow prevention de-
vice" means a device approved by a recognized and approved
testing agency for backflow prevention devices. The. entire
assembly shall be made in the factory of the manufacturer and
shall incorporate two (2) or more check valves and an auto-
matically operting differential relief valve located between
the two (2) checks, two (2) shut-off valves, and equipped
with necessary appurtenances for testing. The device shall
operate to maintain the pressure in the zone between the two
(2) check valves less than the pressure on the public supply
side of the device. At cessation of normal flow, the pres-
sure between check valves shall be less than the supplied
28
' Ordinance No. 56 - Health and Sanitation Ordinance
pressure. In case of leakage of either check valve, the dif-
ferential relief valve shall operate to maintain this reduced
pressure by discharging to the atmosphere. When the inlet
pressure is two (2)pounds per square inch or less, the relief
valve shall open to the atmosphere, thereby providing an air-
gap in the device. To be approved, these devices must be
readily accessible for maintenance and testing and installed
in a location where no part of the valve will be submerged;
(h) "Contamination" means an impairment of the quality of the
water to a degree which creates an actual hazard to the pub-
lic health through poisoning or through the spread of dis-
ease;
' (i) "Pollution" means an impairment of the quality, of the water
to a degree which does not create an actual hazard to the
public health but which does adversely affect such waters for
domestic use;
' (j) "Health hazard" means an actual or potential threat of con-
tamination of a physical or toxic nature to the public po-
table water system to such a degree of intensity that there
would be a danger to health;
(k) "Department" means the Health Department of the City of Atas-
' cadero;
(1) "Plumbing hazard" means a plumbing type cross-connection in a
consumer' s potable water system that has not been properly
protected by a vacuum breaker , air-gap separation or other
device. The term "plumbing hazard" includes but is not lim-
ited to cross-connections to toilets, sinks, lavatories, wash
trays, domestic washing machines and lawn sprinkling systems;
(m) "Pollution hazard" means an actual or potential threat to the
' physical properties of the public water system or the pota-
bility of the public water supply, but which would not con-
stitute a health or system hazard, as defined;
(n) "System hazard" means an actual or potential threat of severe
damage to the physical properties of the public potable water
system;
(o) "Service connection" means the terminal end of a service con-
nection from the public potable water system, i.e. , where the
' water purveyor loses jurisdiction and sanitary control over
the water at its point of delivery to the consumer' s water
system. If a meter is installed, then the service connection
shall mean the downstream end of the meter. There should be
no unprotected take-offs from the service line ahead of any
meter or backflow prevention device located at the point of
' delivery to the consumer ' s water system;
29
# i
' Ordinance No. 56 - Health and Sanitation Ordinance
(p) "Purveyor" means any person, corporation, public utility,
municipality, district or other agency or institution fur-
nishing or supplying water for domestic purposes;
' (q) "Water supervisor" means the consumer or a person on the
premises appointed by the consumer who is charged by the con-
sumer with the responsibility to the consumer of maintaining
the consumer' s water system free from cross-connections and
' other sanitary defects, as required by regulations and laws.
A certified backflow prevention device testor may not act as
a water supervisor unless he is a full-time employee of the
consumer , and has the day-to-day responsibility for the in-
stallation and use of pipelines and equipment on the premises
and for the avoidance of cross-connections;
' (r) "Industrial fluids" means any fluid or solution which may be
chemically, biologically, or otherwise contaminated or pol-
luted in a form or concentration such as would constitute a
' health, system, pollution or plumbing hazard if introduced
into the water supply. This may include, but is not limited
to polluted or contaminated used water; all types of pro-
' cessed waters and "used waters" originating from the public
potable water system which may deteriorate in sanitary qual-
ity; chemicals in fluid form; acids and alkalis; circulating
1 cooling waters connected to an open cooling tower and/or
cooling waters that are chemically or biologically treated or
stabilized with toxic substances; contaminated natural waters
such as from wells, springs, streams, rivers, bays, harbors,
seas, irrigation canals or systems, etc. ; oils; gases; glyce-
rine; paraffines; caustic and acid solutions; and other liq-
uid and gaseous fluids used in industrial or other processes
or for fire-fighting purposes;
(s) "Consumer" means the owner of a premises having a service
' from a potable water systema
6-8.03. Consumer Responsibility.
Consumers shall be responsible for the installation and use of
' pipelines and equipment for the avoidance of cross-connections, com-
pliance with the provisions of this chapter , and for reporting to the
department any changes in water usage. In the event of any cross-con-
nection existing or occurring on or within the premises, the Health
Office shall be immediately notified by the consumer so that appropri-
ate corrective measures may be taken.
' 6-8.04. Where Protection is Required.
(a) Each service connection from the public water system for sup-
ply water to premises having an auxiliary water supply shall
be protected against backflow of water from the premises into
the public water system.
30
Ordinance No. 56 - Health and Sanitation Ordinance
(b) Each service connection from the public water system for sup-
plying water to premises on which any substance is or may be
handled in such a fashion as to permit entry into the water
system shall be protected against backflow of the substance
' from the premises into the public system. This shall include
the handling of processed waters, and waters originating from
the public water supply system which have been subject to
' deterioration in sanitary quality.
(c) Backflow prevention devices shall be installed on the service
connection to any premises that have cross-connections. It
shall be the responsibility of the consumer to provide, test,
and maintain protective devices as required.
6-8.05. Type of Protection.
' Therotection device required shall depend P q pe d on the degree of
hazard. In determining the degree of hazard and the type of backflow
prevention to be required, the following criteria shall be used;
(a) An air-gap separation shall be used where there is a health
hazard. The air-gap shall be located as close as practicable
to the meter and all piping between the meter and the receiv-
ing tank shall be entirely visible. If these conditions can-
not reasonably be met, the public water supply shall be pro-
tected with an approved reduced pressure principal backflow
prevention device, providing the alternative is acceptable to
the department;
(b) An air-gap separation or a reduced pressure principle back-
flow prevention device shall be used where there is a system
hazard or a plumbing hazard or any combination of the above.
If an air-gap separation is used, the air-gap shall be lo-
cated as close as practicable to the meter and all piping
1 between the meter and receiving tank shall be entirely visi-
ble. Where there is no meter the protection device shall be
located on the service connection pipeline at a point on the
consumer' s property nearest the public water supply pipeline;
(c) In all other cases of cross-connection, there shall be re-
quired a double check valve assembly;
' (d) _ Nothwithstanding anyother provisions of this section, at the
service connection to any sewage treatment plant, sewage
pumping station or storm water pumping station, the public
' water supply shall be protected by an air-gap separation.
The air-gap shall be located as close as practicable to the
meter and all piping between the meter and receiving tank
' shall be entirely visible. If these conditions cannot be
reasonably met, the public water supply shall be protected
with an approved reduced pressure principle backflow preven-
tion device, providing this alternative is acceptable to the
department. Final decision in this matter shall rest with
the State Department of Public Health;
31
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• •
Ordinance No. 56 - Health and Sanitation Ordinance
(e) Notwithstanding any other provisions of this section, on any
' premises where the Health Officer determines that a special
hazard exists, the public water supply shall be protected by
such approved backflow prevention devices as designated by
1 the Health Officer.
6-8.06. Frequency of Inspection of Protective Devices.
' It shall be the duty of the consumer on any premises on which
backflow protective devices are installed to have competent inspec-
tions made at lest once year , or more often in those instances where
1 successive inspections indicate defective operation. These devices
shall be repaired, overhauled, or replaced at the expense of the water
user whenever they are found to be defective. Records of such tests,
' repairs, and overhaul shall be kept and submitted to the department.
6-8.07. Qualification and Certification of Person to Inspect and
Maintain Backflow Prevention Devices.
- (a) No person shall be qualified to inspect and maintain backflow
prevention devices unless his qualifications have been estab-
lished to the satisfaction of the department as hereinafter
required. To determine the qualifications of any person to
inspect and maintain backflow prevention devices, the depart-
ment shall have the authority to conduct examinations as ne-
cessary. Upon successful completion of such examination and
such training as the department shall prescribe, the person
so examined shall receive from the department a "Certificate
of Competence. Any limitations or conditions imposed by the
department on the examinee in the inspection and maintenance
of backflow prevention devices shall be stated upon the fact
' of the certificate issued to the examinee. The Health Offi-
cer shall make available to consumers, a list of persons
qualfied to inspect and maintain backflow prevention devices.
Every person, after receiving a "Certificate of Competence"
' from the Health Officer, shall be issued such identification
as the department shall deem appropriate; and such identifi-
cation shall be kept in the immediate possession of every
person holding a certificate of competence while said person
is inspecting or maintaining any backflow prevention device
in the City of Atascadero.
' (b) Every person desiring to qualifyto inspect or maintain back-
flow prevention devices shall make application to the depart-
ment. At the time of making application, every person shall
pay a fee of ten dollars ($10.00) , which fee shall not be
refundable. Said fee shall cover the expense in processing
the applications, cetificates of competence, and any docu-
ments of identification required by the department.
(c) Every person holding a certificate of competence issued by
the Health Officer under the provisions of this section shall
be required to renew the certificate every three years. The
requirements for reexamination may be waived at the discre-
tion of the department.
1
32
! •
(d) Every person receiving a certificate of competence under the
provisions of this section shall be responsible for the com-
petency and accuracy of all inspections and maintenance per-
formed by him on any backflow prevention device.
' (e) Any person issued a certificate of competence who violates or
fails to comply with any of the provisions of this chapter or
' willingly falsifies inspection or maintenance reports sub-
mitted to the Health Officer shall, in addition to the penal-
ties prescribed in Chapter 3 of Ordinance No. 10 of the City
of Atascadero Municipal Code, have the certificate immediate-
ly revoked, and shall not be considered for recertification
for a period of two years.
' 6-8.08. System Inspection by Department.
In order to carry out its responsibility to safeguard drinking
' water supplies by preventingbackflow into public water system, the
department may operate a cross-connection inspection service. Water
purveyors shall pay a fee for the reasonable cost of such inspection
service, the fee to be set annually by resolution the City Council.
' 6-8.09. Booster Pump -- Regulation Of.
' When it becomes necessary, because of low pressure or special
operating conditions, to install a booster pump on the service of any
premises, such pump shall be equipped with a low pressure cut-off
switch designed to shut off the pump when the pressure on the inlet
side is twenty-five P.S.I .G. or lower. It shall be the duty of the
consumer to maintain the cut-off device in proper working order, and
to certify to the department at least once a year that the device is
operable.
6-8.10 . Protection of Water System Within Premises.
' (a) Whenever the Health Officer determines that drinking water
systems on a premises cannot be protected against entry of
' water from any piping system, equipment or other source not
safe or potable for human use, an entirely separate drinking
water system shall be installed to supply water at convenient
points.
(b) Water systems for fighting fire, derived from a supply that
cannot be approved as safe or potable for human use shall,
' whenever practicable, be kept wholly separate from drinking
water pipelines and equipment. In cases where the domestic
water system is used for both drinking and fire fighting pur-
poses, approved backflow prevention devices shall `be in-
stalled to protect such individual drinking water lines as
are not used for fire fighting purposes. The users of such
drinking water systems shall be further protected as pre-
scribed by the State and County Health Departments.
33
(c) Potable water pipe lines connected to equipment for industri-
al processes or operations shall be disconnected therefrom if
practicable. Where disconnection is not practicable, an ap-
proved backflow prevention device, the type or kind depending
on the degree of hazard, shall be located in the feedline to
the process piping or equipment, beyond the last point from
which drinking water may be taken. In the event the particu-
lar processed liquid is especially corrosive or apt to pre-
vent reliable action of the backflow prevention device, an
air-gap separation shall be provided. These devices shall be
repaired, over-hauled or replaced whenever they are found to
be defective. Records of tests, repairs, and replacement
shall be kept and submitted to the department.
(d) Sewage pumps and storm water pumps shall not have priming
connections directly off any drinking water systems, unless
the drinking water system is protected by an air-gap and no
' connection shall exist between the drinking water system and
any other piping, equipment, or tank in any sewage treatment
plant, sewage pumping station, or storm water pumping sta-
tion.
(e) Backflow protection by an approved backflow protection device
operating under the reduced pressure principle shall be pro-
vided on each drinking water outlet used for supplying ves-
sels at piers or waterfronts. These devices must be located
where they will prevent the return of water from any vessel
into another adjacent vessel or into the public water system.
(f) Where the premises contain dual or multiple water systems and
piping, the exposed portions of pipelines shall be painted,
' banded or marked at sufficient intervals to distinguish
clearly which water is safe for drinking purposes and which
is not safe. All outlets from other than approved water sup-
ply systems shall be posted as being unsafe for drinking pur-
poses. All outlets intended for drinking purposes shall be
plainly marked to indicate that fact.
6-8.11. Water Supervisor
At each premises where it is necessary, in the opinion of the City
' Health Officer, a water supervisor shall be designated.
6-8.12. Penalties for Noncompliance.
' The water purveyor shall have the authority to immediately dis-
continue service to any premises where cross-connection or other haz-
ards to the water system are found to exist, and shall not again ren-
der service to said premises until such conditions are eliminated in
accordance with this chapter . Any consumer who willfully violates any
of the provisions of this chapter or alters, or bypasses, or renders
inoperative any backflow prevention device installed under the provi-
sions of the chapter , in addition to immediate discontinuance of water
service, shall be subject to penalties prescribed in Chapter 3 of Or-
dinance No. 10 of the Municipal Code of the City of Atascadero. Ser-
vice shall not again be rendered until such violations or noncompliance
has been corrected.
34
Ordinance No. 56 - Health and Sanitation Ordinance
Chapter 9. Construction, Repair, Modification
and Destruction of Wells
6-9.01. Purpose.
' It is the purpose of this chapter to provide for the construction,
repair, modification and destruction of wells in such a manner that
the ground water of this City will not be contaminated or polluted and
that water obtained from wells will be suitable for beneficial use and
will not jeopardize the health, safety or welfare of the people of
this City.
6-9.02. Definitions.
The following words and phrases shall, for the purpose of this
chapter, have the meanings ascribed to them in this section:
(a) "Abandoned" or "abandoment" shall apply to a well which has
not been used for a period of one (1) year, unless the owner
declares in writing to the Health Officer, his intention to
use the well again for supplying water or other associated
purpose (such as an observation well or injection well) and
received approval of such declaration. All such declarations
shall be renewed annually. Test holes and exploratory holes
shall be considered abandoned twenty-four (24) hours after
construction work has been completed, unless otherwise ap-
proved by the Health Officer;
' (b) "Agricultural wells" mean water used to supply water for ir-
rigation or other agricultural purposes, including stock
wells;
(c) "Cathodic protection well" means any artificial excavation in
an aquifer or in excess of fifty feet (501 ) , constructed by
any method for the purpose of installing equipment or facili-
ties for the protection electrically of metallic equipment in
contact with the round commonly referred to as -cathodic pro-
tection; Y P
tection;
(d) "Community water supply well" means a water well for domestic
purposes in systems subject to Chapter 7 of Part I of Divi-
sion 5 of the California Health and Safety Code (commencing
with Section 4010) ;
(e) "Completion or completion operation" means any work conducted
after artificial excavation to include:
(1) Placement of well casing,
(2) Gravel packing,
(3) Sealing,
4 Casing r
( ) C g pe foration, or
35
Ordinance No. 56 - Health and Sanitation Ordinance
(5) Other operations deemed necessary by the Health Officer .
(f) "Contamination" means an impairment of the quality of water
to a degree which creates a hazard to the public health
through poisoning or through spread of disease;
(g) "Destruction or destroy" means the complete filling of a well
in such a manner that it will not produce water or act as a
conduit for the interchange of water, when such interchange
will result in deterioration of the quality of water in any
water-bearing formations penetrated;
(h) "Electrical grounding well" means any artificial excavation
in an aquifer or in excess of fifty feet, constructed by any
method for the purpose of establishing an electrical ground;
(i) "Health Officer" means the Health Officer of the City of
Atascadero, his medical deputies, his sanitarians, or his
duly authorized representatives;
(j) "Individual domestic well" means a water well used to supply
water for domestic needs of an individual residence or com-
mercial establishment;
(k) "Industrial wells" mean water well used to supply industry on
an individual basis;
(1) "Modification or repair" means the deepening of a well, re-
perforation, sealing or replacement of a well casing;
(m) "Observation well" means a well used for monitoring or samp-
ling the condition of a water-bearing aquifer, such as water
pressure, depth, movement or quality;
(n) "Person" includes any person, firm, association, corporation,
organization, partnership, business trust, company, or spea-
cial district formed under the laws of the State of Califor-
nia.
(o) "Pollution" means an alteration of theualit of water to a
q Y
degree which unreasonably affects:
(1) Such waters for beneficial uses, or
(2) Facilities which serve such beneficial uses.
Pollution may include contamination.
' (p) "Public nuisance," when applied to a well, means any well
which threatens to impair the quality of ground water or
otherwise jeopardize the health and safety of the public;
r
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36
Ordinance No. 56 - Health and Sanitation Ordinance
(q) "Salt water (hydraulic) barrier wells" mean wells constructed
to extract or introduce water into the ground as a means of
preventing intrusion of salt water into a fresh water-bearing
aquifer;
(r) "Test or exploratory hole" means an excavation used for de-
termining the nature of underground geological or hydrologi-
cal conditions, whether by seismic investigation, direct ob-
servation, or any other means;
(s) "Well" means any artificial excavation constructed by any
method for the purpose of extracting water from or injecting
water into, the underground, or for providing cathodic pro-
tection or electrical grounding of equipment, or for making
tests or observations of underground conditions, or for any
other similar purpose. Wells include, but shall not be lim-
ited to, community water supply wells, individual domestic
wells, industrial wells, agricultural wells, cathodic protec-
tion wells, electrical grounding wells, test and exploratory
holes, observation wells and salt water (hydraulic) barrier
wells, as defined herein, and other wells whose regulation is
necessary to fulfill the purpose of this chapter. This defi-
nition shall not include:
(1) Oil and gas wells, or geothermal wells constructed under
' the jurisdiction of the State Department of Conserva-
tion, except those wells converted to use as water
wells, or
1 (2) Wells used for the purpose of:
(i) Dewatering excavation during construction,
or
' (ii) Stabilizing hillsides or earth embankments,
(3) And the following artificial excavations:
(i) Drill holes for soil testing purposes where such
holes are less than twenty-five feet (251 ) in
depth,
(ii) Holes or excavations for soil percolation tests,
(iii) Drill holes for seismic exploration where such
drill holes are less than twenty-five feet (251 ) in
depth,
(iv) Excavations for drainage percolation ponds or
spreading basins:
(t) "Well drilling contractor" means a contractor licensed in
accordance with the provisions of the Contractors License
37
Ordinance No. 56 - Health and Sanitation Ordinance
Law, Chapter 9 of Division 3 of the Business and Professions
Code (commencing with Section 7000) .
6-9.03. Acts Prohibited, Permit Required.
' (a) No person shall, within the incorporated area of the City,
construct, repair, modify or destroy any well unless such
person possesses a valid permit issued by the Health Officer
as provided in this chapter .
(b) No person shall construct, repair, modify or destroy any well
1 unless such construction, repair, modification or destruction
is in conformance with the terms, conditions, and standards
specified in this chapter and in the written permit issued by
the Health Officer .
6-9.04. Permits.
' _(a) Applications. Applications for permits shall be made to the
Health Officer and shall include the following: ,
(1) A plot plan indicating the exact location of the well
with respect to the following items within a radius of
two hundred feet (2001 ) of the well:
T (i) Property lines,
(ii) Sewage disposal systems or works carrying or con-
taining sewage or industrial wastes,
(iii) All intermittent or perennial, natural or artifi-
cial water bodies or water courses,
(iv) Drainage patter of the property,
(v) Existing wells,
(vi) Access roads;
(2) Location of the property (including township, range and
section) ;
(3) Name of the person who will construct the well;
(4) Estimated or proposed depth of well;
5) Use of well•
(6) Other information as; may be necessary to determine if
underground waters will be protected;
(b) Fees.
(1) Permit Application Fees. All applications for permits
shall be on a form supplied by the Health Officer and,
38
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' Ordinance No. 56 - Health and Sanitation Ordinance
except for those made by a public agency, shall be ac-
companied by payment of the fee as established by reso-
lution of the City Council, none of which shall be re-
fundable;
(2) Expiration of Permit. Each permit issued pursuant to
this chapter shall expire within six months following
, the issuance of the permit. Upon expiration of any per-
mit issued pursuant hereto, no further work may be done
in connection with construction, repair, modification,
or destruction of a well unless and until a new permit
for such purpose is secured in accordance with the pro-
visions of this chapter;
(c) Notice to City. The Health Officer shall advise the City of
an application for a well permit prior to its issuance and
shall, upon issuance, provide a copy of the permit to the
City.
(d) Prohibition. No permit shall be issued to any person who is
not a well drilling contractor, provided that a permit may be
' issued to an owner or occupant of property who does the work
of constr-uction, repair, modification or destruction of a
well located on such property himself or through is own em-
' ployees; and provided further that a permit may be issued to
any person exempt from the provisions of the Contractors Li-
cense Law, Chapter 9, Division 3, of the Business and Profes-
sions Code (commencing with Section 7000) ;
(e) Bonds. As a condition precedent to the issuance of a permit,
every applicant for a permit shall file or have on file with
' the Health Officer a corporate surety bond in the sum of Two
Thousand Five Hundred Dollars ($2,500.00) issued by a surety
company licensed to do business in this state, or in lieu
thereof, a cash deposit in the sum of Two Thousand Five Hun-
dred Dollars ($2,500.00) .
As used in this subsection, the term "cash deposit" includes,
without limitation, certificates of deposit payable to the
City issued by banks doing business in this state, investment
certificates or share accounts assigned to the City and
issued by savings and loan associations doing business in
this state, or bearer bonds issued by the United States gov-
ernment or by this State.
' The surety bond shall be conditioned to secure the compliance
and faithful performance by the permittee of the terms, con-
ditions and standards imposed by this chapter, or by any per-
' mit issued hereunder.
If cash is deposited in lieu of such bond, the cash deposit
1 shall secure the compliance and faithful performance by the
permitted of the terms, conditions and standards imposed by
this chapter, or by any permit issued hereunder;
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Ordinance No. 56 - Health and Sanitation Ordinance
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If cash is deposited in lieu of such bond, the cash deposit
shall secure the compliance and faithful performance by the
permittee of the terms, conditions and standards imposed by
this chapter , or by any permit issued hereunder;
' (f) Conditions. Permits shall be issued subject to compliance
with the standards provided in Section 6-9.06;
(g) Term, Completion of Work. The permittee shall complete the
work authorized by the permit prior to the expiration date
set forth in the permit. The permittee shall notify the
r Health Officer in writing upon completion of work and such
work shall not be deemed to have been completed until such
written notification has been received;
r (h) _ Reports. A copy of the well driller report required under
Section 13751 of the California Water Code shall be submitted
to the Health Officer upon completion of construction of each
r well;
(i) Appeal Procedure. Any person aggrieved by the refusal of the
Health Officer to issue a permit or by the terms of a permit
may appeal from the action of the Health Officer to the City
Council by filing a written notice of appeal with the City
' Clerk. The Clerk shall set the matter for hearing before the
Council and shall give reasonable notice of the time and
place thereof to the applicant and to the Health Officer .
The City Council shall hear the evidence offered by the ap-
plicant or permittee and the Health Officer , and shall forth-
with decide the issue. Unless the City Council rescinds the
Health Officer' s action by a majority vote, his decision
' shall be deemed affirmed.
6-9.05. Inspection.
The Health Officer and his inspectors may at any and all reason-
able times enter any and all places, property, enclosures and struc-
tures for the purpose of making examinations and investigations to
determine whether any provision of this chapter is being violated.
The Health Officer may require that each completion, modification,
repair or destruction operation be inspected prior to any further
work.
6-9.06. Standards.
Standards for the construction, repair, modification or destruc-
tion of wells shall be as set forth in Chapter II of the California
Department of Water Resources Bulletin No. "74 entitled "Water Well
' Standards: State of California" and its Appendices E, F, and G; and
those pertaining to Zones II and III , as delineated in Figure 1 of the
Department of Water Resources Bulletin No. 74-7 entitled "Water Well
Standards, Arroyo Grande Basin, San Luis Obispo County," and as set
forth in Chapter II of the same, and Department of Water Resources
Bulletin No. 74-1, entitled "Cathodic Protection Well Standards, State
of California."
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Ordinance No. 56 - Health and Sanitation Ordinance
6-9.07. Public Nuisance.
' In the event the Health Officer determines that a well constitutes
a public nuisance he shall abate the nuisance in accordance with the
provisions of Chapter 22.96 and 22.97 of the Atascadero Municipal
Code.
6-9.08. Immediate Abatement.
If the Health Officer finds that immediate action is necessary to
present impairment of the ground water or a threat to the health or
safety of the public, he may immediately abate the nuisance without
complying with the provisions of Chapter 22.96 and 22.97 of the Atas-
cadero Municipal Code.
Chpater 10. Enforcement--Citation Authority
6-10.01. Citation Authority.
The Health Officer and his authorized deputies shall have the
authority to issue citations for violations of this code and state law
pursuant to the procedures set forth in Chapter 4 of Ordinance No. 10 . '
6-10.02. Civil Action Designated.
' If any person, firm, association or corporation commences, con-
ducts or carries on any business, exhibition, occupation or activity
mentioned in this title without first paying the appropriate fee
' and/or penalty, and obtaining the permit as required by this title for
conducting orcarryingon the business, exhibition, occupation or ac-
tivity, an action may be commenced and prosecuted by the County
against such person, firm, association or corporation for the collec-
tion of the fee and any penalty amount due and owing. The court may,
in addition to the amount due the City for such fee penalty and court
costs, award a penalty not to exceed Five Hundred Dollars ($500.00) to
the City. In the case of a recovery by the City in the action pro-
vided for in this section, the sum of the judgment shall be paid to
the City, who shall deposit such amount into the general fund.
Chapter 11. Public Swimming Pools
6-11.01. Swimming Pool Permits.
It is unlawful for any person, firm or corporation to operate, or
open to the public, a public or semipublic swimming pool as defined in
Title 17 of the California Administrative Code, Section 7774 and 7775,
unless possessing a valid health permit issued by the County Health
Department.
6-11.02. Permit Issuance.
All of the general procedures governing the issuance, renewal,
transferability, suspension and revocation of health permits set forth
in Chapter l of Title 6 of this code are incorporated by reference.
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Ordinance No. 56 - Health and Sanitation Ordinance
Chapter 12. Organized Camps
6-12.01. Organized Camp Permits.
It is unlawful for any person, firm or corporation to operate an
organized camp as defined in Health and Safety Code Section 18897 un-
less possessing a valid health permit issued by the Health Office.
' 6-12.02. Permit Issuance.
All of the general procedures governing the issuance, renewal,
transferability, suspension and revocation of health permits set forth
in Chapter 1 of Title 6 of this code are incorporated by reference.
Section 2. The provisions of this ordinance are intended to su-
persede any provision of Ordinance No. 2 which is in conflict there-
with.
' Section 3. The City Clerk shall cause this ordinance to be pub-
lished once within fifteen (15) days after its passage in the Atasca-
dero News, a newspaper of general circulation, printed, published and
' circulated in this City in accordance with Section 36933 of the Gov-
ernment Code; shall certify the adoption of this ordinance and shall
cause this ordinance and its certification to be entered into the Book
of ordinances of this City.
Section 4. This ordinance shall go into effect and be in full
force and effect at 12:01 a.m. on the thirty-first (31st) day after
1 passage.
The foregoing ordinance was introduced on June 14 , 1982
' and adopted at a regular meeting of the Council held on July 12 ,
1982
' AYES: Councilmen Mackey, Molina, Stover, Wilkins and Mayor Nelson
NOES: None
' ABSENT: None
ROLF N LSON, Mayor
ATTEST:
F.R APA, NO_ IS,,, City Clerk
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Ordinance No. 56 - Health and Sanitation Ordinance
APPROVED AS TO FORM:
/s/ Allen Grimes
ALLEN GRIMES, City Attorney
' APPROVED AS TO CONTENT:
MUIRAY L WARDEN, City Manager
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CERTIFICATION
I, PATSY A. HESTER, Deputy City Clerk of the
City of Atascadero, hereby certify that the foregoing
is a true and correct copy of Ordinance No. 56
1 adopted by the Atascadero City Council at a regular
meeting thereof held on July 12 1982
IATSY ESTER, Deputy City "Clerk
City f Atascadero, California
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