HomeMy WebLinkAbout04. HEALTH AND SAFETY HEALTH AND SAFETY Title 4 HEALTH AND SAFETY* Division 40 General Chapter 40-2 Regulations Article 4Q-2.2Health Officer Cuts Utilities Sections: 40- 2.202 Division 42 Disaster Chapter 42-2 Disaster Council and Emergency Services Article 42-2.2 General Sections: 42-2.202 42-2.204 42-2.206 Article 42-2.4 Sections: 42-2.402 Disaster council-Membership. 42-2.404 Disaster council-Powers and duties. Article 42-2.6 County Administrator, Director and Staff Sections: 42-2.602 County administrator. 42-2.603 Alternates to county administrator. 42-2.604 Director and staff. Article 42-2.8 County Administrator's Powers and Duties Sections: 42-2.802 42-2.804 42-2.806 42-2.808 42-2.810 Article 42-2.10 Sections: 42-2.1002 Emergency organization. 42-2.1004 Emergency plan. Article 42-2.12 Enforcement Sections: 42-2.1202 Enforcement-Obstruction. Health officer to disconnect utilities. Authority. Purposes. Definitions, emergency. Disaster Council Proclaims local emergency. Requests state of emergency. Directs and coordinates. Emergency powers. Emergency expenditures. Emergency Organization and Plan *For the constitutional grant of power to any county to make and enforce within its limits all such local, police and other regulations as are not in conflict with the general laws, see CALIF. CONST. art. II 11 7; for the statutory authority of the board of supervisors to take such steps as are necessary, not in conflict with the general laws, to preserve the public health of the unincorporated area of the county, see Health & Saf. C. 11 450; for the provisions regarding local health administration contracts with cities, see Health & Saf. C. 480 ff; for the provisions regarding the local enforcement of the provisions of the agriculture code, see Agric. C. 11 2001 ff. 75 (Contra Costa County 9-15-78) HEALTH AND SAFETY 42-2.1204 Enforcement-False identification. Chapter 42-4 Oftlcial Successors Sections: 424.002 Definitions. 424.004 Appointments for succession. 424.006 Procedures and duties. 424.008 Temporary appointments. 424.010 Filling and review of appointments. Division 44 Dangerous Materials Chapter 44-2 Fireworks Sections: 44-2.002 Restrictions-Exceptions. Chapter 44-4 Weapons Sections: 444.002 444.004 Firearms-Possession by minors. Firearms- Discharge restrictions- Exceptions. 444.006 Firearms-Enforcement officer. 444.008 Firearms-Ammunition sale to minors. Division 46 Traffic Regulations Chapter 46-2 Traffic Orders Sections: 46-2.002 46-2.004 46-2.006 46-2.008 46-2.010 Purpose of chapter. Establishment of regulations. Standards. Adoption and posting. Numbering and filing of adoption resolutions. 46-2.012 Penalty for violation. Chapter 46-4 Miscellaneous Provisions Sections: 464.002 464.004 464.006 (Contra Costa County 9-15-78) Parking-On hills. Parking-Seventy-two or more consecutive hours. Parking- In marked spaces. 76 HEALTH AND SAFETY 46-4.008 Parking-Removal of parked vehicles. 46-4.010 Vehicle weight restrictions-Highways designated. 46-4.012 No motor vehicles in sign posted parks. Chapter 46-6 Nonvehicular Activities in Rights-of-Way Sections: 46-6.002 46-6.004 46-6.006 46-6.008 46-6.010 Definitions. Dangerous activities-Board findings. Prohibited activities. When light or reflector required. Acts interfering with adjacent business. 76-1 (Contra Costa County 12-26-72) 46-4.008 46-4.010 HEALTH AND SAFETY Parking-Removal of parked vehicles. Vehicle weight limits raised- Highways designated. No motor vehicles in signposted parks. Chapter 46-6 Nonvehicular Activities in Rights-of-Way Sections: 46-6.002 46-6.004 46-6.006 46-6.008 46-6.010 46-4.012 Definitions. Dangerous activities-Board findings. Prohibited activities. When light or reflector required. Acts interfering with adjacent business. Chapter 46-8 Roadside Selling Sections: 46-8.002 Definitions. 46-8.004 Vehicles. 46-8.006 Structures or other things. 46-8.008 Items in vehicle or structure. 46-8.010 Exemptions. Chapter 46-10 Preferential Parking Privileges Article 46-10.2 General Sections: 46-10.202 Intent, purpose and authority. Article 46-10.4 Definitions Sections: 46-10.402 General. 46-1 0.404 Directo r. 46-10.406 Permit-parking area. 46-10 .408 Parking permit. 46-10.410 Valid application. Article 46-10.6 Permit-parking Areas Sections: 46-10.602 General. 46-10.604 Nonresident parking problem. 46-10.606 Criteria. Article 46-10.8 Designation Process Sections: 46-10.802 46-10.804 46-10.806 46-10.808 Article 46-10.10 Sections: 46-10 .1002 General. 46-10.1004 Number limit. Petition. Director recommends. Board determines. Designation removal. Resident Parking Permits 77 (Contra Costa Co unty 11-81) HEALTH AND SAFETY 46-10.1006 Issuance. 46-10.1008 Fee. 46-10.1 0 1 0 Display. 46-10.1012 Record. 46-10.1014 Permit revocation. Article 46-10.12 Area Posting Sections: 46-10.1202 Posting. Article 46-10.14 Violations Sections: 46-10.1402 Violation. Article 46-10.16 Exemptions Sections: 46-10.1602 Initial ten-day grace period. 46-10.1604 Emergency vehicles. 46-10.1606 Service vehicle. 46-10.1608 Disabled and handicapped. Article 46-10.18 Appeals Sections: 46-10.1802 Appeal, fee. Division 48 Ambulances Chapter 48-2 General Provisions Sections: 48-2.002 Title. 48-2.004 Purpose. 48-2.006 Exemptions. Chapter 48-4 De:fmitions Sections: 48-4.002 Generally. 48-4.004 Ambulance. 48-4.006 Ambulance service. 48-4.008 Attendant. 48-4.010 Driver. 48-4.012 Emergency response areas. 48-4.014 Emergency response area list. 48-4.016 Health officer. 48-4.018 Medical director. 48-4.020 Patient. 48-4.022 Permit officer. 48-4.024 Sheriff. Chapter 48-6 Permits Sections: 48-6.002 48-6.004 48-6.006 48-6.008 Required. Application-Forms. Application - Required data. Applicant - Investigation. (Contra Costa County 11-81) 78 HEALTH AND SAFETY 48-6.010 Applicant-Additional investigation. 48-6.012 Issuance. 48-6.014 Term. 48-6.016 Temporary-When issued. 48-6.018 Application-Change of data. 48-6.020 Termination. 48-6.022 Limited number of permits. Chapter 48-8 Compliance Cards Sections: 48-8.002 48-8.004 48-8.006 48-8.008 48-8.010 48-8.012 48-8.014 Chapter 48-10 Fees Sections: 48-10.002 Annual permit. 48-10.004 Temporary permit. 48-10.006 Proration. 48-10.008 Compliance card. 48-10.010 Payment. Chapter 48-12 Driver and Attendant Standards Sections: 48-12.002 Good moral character required. 48-12.004 Physical examination requirements. Required. Application. Investigation. Inspection -General requirements. Issuance. Term. Inspection-Day -Notice. 78-1 (Contra Costa County 11-81) HEALTH AND SAFETY 48-12.006 Age restrictions. 48-12.008 Uniform and appearance. 48-12.010 Training requirements. 48-12.012 Additional moral standards. Chapter48-14 Permit and Card Suspension or Revocation Sections: 48-14.002 Authority. 48-14.004 Notice issuance. 48-14.006 Hearing. 48-14.008 Decision. 48-14.010 Emergency action. Chapter 48-16 Emergency Response Sections: 48-16,002 General requirements. 48-16.004 Change of area map. 48-16.006 Preparation of area lists. Chapter 48-18 Miscellaneous Provisions Sections: 48-18.002 Dispatching. 48-18.004 Renewal of permits and compliance cards. Chapter 48-20 Enforcement Sections: 48-20.002 Authority. 48- 20. 004 Investigations. 48-20.006 Violations prohibited. Division 410 Water Safety Chapter 410- 2. General Provisions Sections: 410-2.002 Applicability. 410- 2.004 Definitions. 410-2.006 Owner responsibility. 410-2.008 Establishment of marked areas. 410-2.010 Water shows and boat races exempt. Chapter 410-4 Speed Zones Sections: 410-4.002 Speed designated. 410-4.004 Slow area. 410-4.006 Near swimmers. 410-4.008 Near vessels sixteen feet or under. 410-4,010 Near swimming floats. 410-4,012 Near docks or wharves. 410-4.014 Near vessels engaged in rescue operations. Chapter 410-6 Restrictions Sections: 410-6.002 Where swimming is prohibited. 410-6.004 Near marked swimming areas. 79 .. (ContraCosta County 9-15-78) HEALTH AND SAFETY 410-6.006 Near dam or in "no boating" areas. 410.,.6.008 Motorboats on small lakes. 410-6.010 Overloading vessels. 410-6.012 Discharge of firearms. 410-6.014 Night aquaplaning and water skiing. 410-6.016 Operation of vessel by passengers. Chapter 410-8 Violations Sections; 410-8.002 Generally. Division 413 Public Health Licenses and Fees Chapter 413-3 Public Health Licensesand Fees Article 413-3.2 General Provisions Sections: 413-3.204 Purpose and authority. 413-3.206 Area of application. Article 413-3.4 Definitions Sections: 413-3.402 413-3.404 413-3.406 413-3.408 413-3.409 413-3.410 413-3.412 413-3.413 413-3.414 413-3.415 Article 413-3.6 Sections: 413-3.602 Public health license required. 413-3.604 Licensable activities. 413-3.606 Other licenses and requirements. 413-3.608 Term. 413-3.610 Separate activities. 413-3.612 License display. 413-3.614 Vending machine operators. Article 413-3.8 Issuance of Licenses Sections: 413-3.802 413-3.804 413-3.806 413-3.808 413-3.810 413-3.812 413-3.814 413-3.816 (Contra Costa County 9-15-78) General. Activity. Area of application. Health officer. Incidental confectionery. License year. Retail food vehicle. Small water system. Vending machine business. Septic tank-chemical toilet cleaner. License Requirements Application. License content. Additional identification. Notify health officer. Renewal licenses. Lost licenses and replacement vehicles. Refunds. Temporary licenses. 80 HEAL TH AND SAFETY Article 413-3.10 Exemptions Sections: 413-3.1002 413-3.1004 413-3.1006 Article 413-3.12 Sections: 413-3.1202 413-3.1204 413-3.1206 413-3.1208 413-3.1210 413-3.1212 413-3.1214 413-3.1216 413-3.1218 Blind. Charitable or tax-supported institutions. Delivery vehicles. License Fees Square footage. Temporary license fees. Delinquency, penalty and waiver. Plans and inspection deposits. Prorating fees. Bakery. Food processing establishment. Wholesale food market. Retail food production and marketing establishment. 413-3.1220 Restaurants, taverns, cocktail lounges, snack bars. 413-3.1222 Itinerant restaurant. 413-3.1224 Vehicles and peddlers. 413-3.1226 Roadside stand. 413-3.1228 Food vending machine. 413-3.1230 Food salvager. 413-3.1232 Food demonstrator. 413-3.1234 Ice plant. 413-3.1236 Public swimming pool. 413-3.1240 Small water system. 413-3.1242 Incidental confectionery. 413-3.1244 Septic tank-chemical toilet cleaner. Article 413-3 .14 Enforcement Sections: 413-3.1402 General. 413-3.1404 Administration and regulation. 413-3.1406 Temporary suspension. 413-3.1408 Emergency suspension. 413-3.1410 Revocation. 413-3 .1412 Hearings. 413-3.1414 Appeals. Division 414 Waterways and Water Supply Chapter 414-2 Contra Costa Canal Sections: 414-2.002 Definition. 80-1 (Contra Costa County 9-15-78) HEALTH AND SAFETY 414-2.004 Swimming, fishing or dumping prohibited. 414-2.006 Loitering prohibited. Chapter 414-4 Water Supply Article 414-4.2 General Sections : 414-4.201 414-4.202 414-4.203 414-4.205 414-4.207 414-4.209 414-4.211 414-4.213 414-4.215 414-4.217 414-4.219 414-4.221 414-4.223 414-4.225 414-4.227 414-4.229 414-4.231 414-4.233 414-4.235 414-4.237 414-4.239 414-4.241 Article 414-4.4 Sections: 414-4.401 414-4.403 414-4.405 414-4.407 414-4.409 414-4.411 414-4.413 414-4.415 Water supply system-Approval required. Purpose and disclaimer. Definitions. Approved water supply system. Cross-connection. Customer system. Distribution system. Furnish or supply. Health officer. Individual water system. Site evaluation. Small water system. Source facilities. Water source. User. Utility system. Well. Licensed well driller. Well drilling. Domestic use. Abandoned well. Subdivision maps. Small Water Systems Small water system-Permit required. Small water system-Investigation, site evaluation. Small water system-Backflow prevention. Small water system-Design and construction. Small water system-Approved sources required. Small water system-Distribution reservoirs. Small water system-Distribution system. Small water system-Operation and maintenance. 81 (Contra Costa County 11-81) Individual water system -Quality, quantity. Individual water system-Lot area, variances. Individual water system- Investigation, site evaluation. Article 414-4 .8 Wells Sections : 414-4.801 414-4.803 HEALTH AND SAFETY 414-4.417 Article 414-4.6 Sections: 414-4.601 414-4.603 414-4.605 414-4.805 414-4.807 414-4.809 Article 414-4.10 Sections: 414-4.1001 414-4.1003 Small water system -Quality, quantity. Individual Water Systems Wells-Permit required. Wells-Repairs, alterations or additions. Wells-Site. Wells-Protection. Wells-Abandoned. Enforcement Enforcement - Prohibitions. Enforcement-Publication of regulations. 414-4.1005 Enforcement-Right of entry. 414-4.1007 Enforcement-Nuisance abatement. 414-4.1009 Enforcement-Emergency action. 414-4.1011 Enforcement-Permit suspension. 414-4.1013 Enforcement-Permit revocation. 414-4.1015 Enforcement-Hearings. 414-4.1017 Enforcement-Appeals. 414-4.1019 Enforcement-Penalties. 414-4.1021 Enforcement-Other requirements. 414-4.1023 Guarantee of performance. Article 414-4.12 Fees Sections: 414-4.1201 General. 414-4.1203 Subdivisions. 414-4.1205 Individual water system/well. Chapter 414-6 Transporting Water for Domestic Use Article 414-6.2 General Sections: 414-6.202 414-6.210 414-6.212 414-6.214 414-6.216 (Contra Costa County 11-81) Applicability. Definitions. Domestic use. Health officer. Person. 82 HEALTH AND SAFETY 414-6.218 Transport water. 414-6.220 Water vehicle. Article 414-6.4 Enforcement Sections: 414-6.402 Permit required. 414-6.404 Investigations. 414-6.406 Regulations. Article 414-6.6 Permits Sections: 414-6.602 Application. 414-6 .604 Fees. 414-6.606 Permit. 414-6.608 Revocation. 414-6.610 Emergency suspension. Article 414-6.8 Other Requirements Sections: 414-6.802 414-6.804 Equipment and treatment standards. Water quality standards and filling points. Records. Vehicle identification. 414-6.806 414-6.808 Division 416 Animals Chapter 416-2 Defmitions Sections: 416-2.002 Generally. 416-2.004 Animal services director. 416-2.006 City. 416-2.008 Licensing authority. 416-2.010 Owner. 416-2.012 License tag. 416-2.014 Veterinarian. 416-2.016 Wild or exotic animal. Chapter 416-4 General Provisions Article 416-4.2 Control Sections: 416-4.202 416-4.204 416-4.206 Animal services director. Officers' status, weapons and arrests. Statutory provisions incorporated by reference. 82-1 (Contra Costa County 11.81) 416-4.208 Application to cities. Article 416-4.4 Restraint Sections: 416-4.402 Animals at large. 416-4.404 Abandonment. 416-4.406 Prohibition. Article 416-4.6 Enforcement Sections: 416-4.604 Penalties. Chapter 416-6 Individual Licenses Article 416-6.0 Licenses Sections: 416-6.002 Dog and cat licenses. 416-6.004 Exemp tions. 416-6.006 Tags. 416-6.008 Applications. 416-6.010 Lost tags. 416-6.012 Periods. 416-6.014 Fees. 416-6.016 Prohibition. Article 416-6.2 Multiple Pet Licenses Sections: 416-6.200 License required. 416-6.202 Applications. 416-6.204 License approval. 416-6.206 Periods. 416-6.208 Fees. 416-6.210 Exemptions. 416-6.212 Late fees. 416-6.214 Dog tags. 416-6.216 Breeding limitation. 416-6.218 Existing licensees. Article 416-6.4 License Revocation Sections: 416-6.400 License revocation. 416-6.402 Inspection. 416-6.404 Documents. Chapter 416-8 Impoundment Sections: 416-8.002 416-8.004 416-8.006 416-8.008 416-8.010 416-8.012 416-8.014 Impoundment required. Exceptions. Holding period~Notice. Summary destruction. Owner claims. Impoundment fees. Abandonment. 83 HEALTH AND SAFETY (Contra Costa County 5-81) HEALTH AND SAFETY 416-8.016 Adoption. Chapter 416-10 Rabies Control Sections: 416-10.002 Rabies impoundment. 416-10.004 Responsibility of health officer. 416-10.006 Suspected rabies. 416-10.008 Bites. 416-10.010 Rabies reports. 416-10.012 Violation. Chapter 416-11 Wild or Exotic Animals Sections: 416-11.002 Registration required. 416-11.004 Registration form. 416-11.006 Impoundment. 416-11.008 Sale of wild animals. 416-11.010 Exemptions. Chapter 416-12 Miscellaneous Article 416-12.0 Disposal Sections: 416-12.002 By owner. 416-12.004 Requested disposal. 416-12.006 Fees. Article 416-12.2 Nuisances Sections: 416-12.202 Animal noise. 416-12.204 Animal wastes. Article 416-12.4 Dangerous Animals Sections: 416-12.402 Dangerous animals. 416-12.404 Finding of danger. 416-12.406 Dangerous animal permit required. 416-12.408 Dangerous animal permit application. 416-12.410 Investigation. 416-12.412 Dangerous animal permit. 416-12.414 Permit conditions. 416-12.416 Permit revocation. 416~12.418 Fees. 416-12.420 Dangerous animal at large. 416-12.422 Impoundment pending hearings. 416-12.424 Exception. Article 416-12.6 Performing Animals Sections: 416-12.602 Restrictions. 416-12.604 Equipment. (Contra Costa County 5-81) 84 HEAL TH- AND SAFETY Article 416-12.8 Sales or Gifts of Animals Sections: 416-12.802 Public display prohibited. 416-12.804 Sale of dogs or cats. Chapter 416-14 Rat Control Sections: 416-14.002 Refuse-Defined. 416-14.004 Refuse-Accumulation prohibited. 416-14.006 Refuse-Dumping prohibited. 416-14.008 Exclusion ofrats from structures. 416-14.010 Right of entry by health officer. 416-14.012 Abatement of sanitation nuisance. Chapter 416-16 Mink Raising Article 416-16.2 General Sections: 416-16.202 Nuisance hazard. 416-16.204 Definitions. Article 416-16.4 Permits Sections: 416-16.402 416-16.404 Permit ~ Required - Revocation. Permit-Premises inspection-Health officer right of entry. 416-16.406 -Permit'::':'P ees. - Article 416-16.6 Land Use Sections: 416-16.602 Land use-Requirements. 416-16.604 Land use-Nonconforming use. Article 416-16.8 Sanitary Regulations Sections: 416-16.802 Sanitation requirements-Generally. Division 418 Refuse Chapter 418-2 Collection Sections: 418-2.002 Refuse-Defined. 418-2.004 Permit required. 418-2.006 Bond required. 418-2.008 Vehicle requirements. 418-2.010 Chapter exceptions. Chapter 4184 Disposal Sites Sections: 4184.002 4184.004 4184.006 4184.008 4184.010 4184.012 Short title. Policy. Definitions. Permit-Required. Permit-Existing sites. Application and fee. 84-1 (Contra Costa County 11-81) HEALTH AND SAFETY 418-4.014 418-4.016 418-4.018 418-4.020 418-4.022 Division 420 Sewage Chapter 420-2 General Regulations Sections: 420-2.002 Person defined. 420-2.004 Permit-Required when. 420-2.006 Permit-Application procedure. 420-2.008 Official inspections. Chapter 420-4 Lines and Plants Sections: 420-4.002 420-4.004 Conditions. Procedure. Inspection -Notice of violation. Permit-Revocation. Nuisance abatement. Persons subject-Actions required. Approval by director of public works. 420-4.006 Work commencement-Fee deposit. 420-4.008 Work suspension-Additional fees. 420-4.010 Appeals. Chapter 420-6 Subdivisions and Individual Systems Article 420-6.1 Definitions Sections: 420-6.101 420-6.103 420-6.1 05 420-6.107 420-6.109 420-6.111 420-6.113 420-6.115 420-6.117 420-6.119 420-6.121 420-6.123 Article 420-6.3 Sections: 420-6.301 420-6.303 420-6.305 420-6.307 420-6.309 420-6.311 (Contra Costa County 11-81) General. Domestic water supply reservoir. Drainage area. Health officer. Improper functioning. Individual system. Sewage. Sewer availability. Subdivision. Site evaluation. Community sewer collection system. Sanitary sewer. Enforcement Sewer connection required, exception. Prohibitions. Building permit restrictions. Publication of regulations. In vestigations. Nuisance abatement. 84-2 HEALTH AND SAFETY Article 420-6.5 Individual Permits: Subdivision Approvals Sections: 420-6.50 I 420-6.503 420-6.505 420-6.507 General. Permit procedure. Lot area, variances. Individual system near a reservoir, variances. 420-6.509 Alternative individual system. 420-6.511 Subdivision maps. 420-6.513 Appeals. Article 420-6.7 Fees Sections: 420-6.701 General. 420-6.703 Subdivisions. 420-6.705 Individual systems. 420-6.707 Penalties. Division 430 Abandoned Vehicles Chapter 430-2 General Provisions Sections: 430-2.002 Title. 430-2.004 Authority, findings, nuisance. 430-2.006 Exemptions. 430-2.008 No nuisances. 430-2.0 10 Nonexclusive regulation. Chapter 430-4 Definitions .... Sections: . 430-4.002 Generally. 430-4.004 Vehicle Code terms. 430-4.006 Abandoned vehicle. 430-4.008 Public property. 430-4.010 Owner of land. 430-4.012 Owner of the vehicle. Chapter 430-6 Administration and Enforcement Sections: 430-6.002 California Highway Patrol. 430-6.004 C.H.P. may abate. 430-6.006 Notice of intention. Chapter 430-8 Hearings and Appeals Sections: 430-8.002 430-8.004 430-8.006 430.8.008 430-8.010 430-8.012 Hearing requests. No hearing. Hearing notice. Hearings. Decisions. Notice of decision. 84-3 (Contra Costa County 11-81) HEALTH AND SAFETY 430-8.014 Appeals. Chapter 430-10 Final Abatement Action Sections: 430-10.002 Removal and disposal. 430-10.004 Notify D.M.V. 430-10.006 Cost record. Chapter 430-12 Cost Collection Sections: 430-12.002 Collection. 430-12.004 Special assessment notice. 430-12.006 State reimbursement. (Contra Costa County 11-81) 84-4 Division 40 GENERAL* Chapters: 40-2 Regulations Chapter.40-2 REGULATIONS Article 40-2.2 Health Officer Cuts Utilities Sections: 40-2.202 Health officer to disconnect utilities. Article 40-2.2 Health Officer Cuts Utilities 40-2.202 Health officer to disconnect utilities. ** When the health officer finds a violation of any state or county law or regulation relating to health or sanitation, which violation is related to a structure or facility, he may shut off or disconnect any or all utility service thereto which contributes to the violation, or he may order this done. If he finds that the violation involves an immediate danger to the public health he may have the action taken as quickly as he deems necessitated by the danger; otherwise he shall give ten days' advance notice thereof by mail to the utility and to the owner as shown on the last assessment roll and by conspicuous. posting on the property; and he shall conspicuously post notice of his orders and the action taken, which no person shall remove, tamper with or disobey. He shall rescind or modify such action when it becomes proper to do so in view of the danger or violation. (Ord. 72-16 ~ 1, 1972: Ord. 1555: prior code ~ 41 00). *For the statutory provisions regarding the county health officer, see Health & Saf. C. @ 451 ff; for the specific provisions setting. forth his enforcement duties, see Health & Saf. C. @ 452; for the authority of the health officer in the control of communicable diseases, see Health & Saf. C. @ 3110 ff. **For food peddler permit issuance action, see @@ 564.802 - 564.816, this code; . REGULATIONS 40-2.202 Division 42 DISASTER* Chapters: 42-2 Disaster Council and Emergency Services . 42-4 Official Successors Chapter 42-2 DISASTER COUNCIL AND EMERGENCY SERVICES Article 42-2.2 General Sections: 42-2.202 Authority 42-2.204 Purposes. 42-2.206 Definitions, emergency. Article 42-2.4 Disaster Council Sections: 42-2.402 42-2.404 . Disaster council-Memership. Disaster council-Powers and duties. Article 42-2.6 County Administrator, Director and Staff Sections: 42-2.602 42-2.603 County administrator. Alternates to county administrator. 42-2.604 Director and staff. Article 42-2.8 County Administrator's Powers and Duties Sections: 42-2.802 42-2.804 . 42-2.806 42-2.808 42-2.810 Article 42-2.10 Sections: 42-2.1002 Emergency organization. 42-2.1004 Emergency plan. Article 42-2.12 Enforcement Sections: 42-2.1202 Enforcemenf.,-Obstruction. Proclaims local emergency. Requests state of emergency. Directs and coordinates. Emergency powers. Emergency expenditures. Emergency Organization and Plan *For the statutory provisions regarding local disaster councils, see Gov. C. @ 8610 ff; for the provisions regarding the proclamation of a local emergency, see Gov.c. @ 8630 ff; for the provisions regarding the preservation of local government, see Gov. C. @ 8635 ff. 85 (Contra Costa County 9-15-78) 42-2.202-42-2.802 HEALTH AND SAFETY 42-2.1204 Enforcement-False identi- fication. Article 42-2.2 General 42-2.202 Authority. This chapter effectuates, and is authorized by, Government Code Sections 8550 ff, (the California Emergency Services Act) as amended from time to time. (Ord. 72-83 ~ 1 (part), 1972). 42-2.204 Purposes. The purpose of this chapter is to provide for: (1) The preparation and effectuation of plans to protect persons and property in this county in emergencies; (2) The creation and operation of emergency organizations; and (3) The coordination of the county's emergency services and functions with those of other public and private entities and persons. (Ord. 72-83 ~ I (part), 1972). 42-2.206 Definitions, emergency. Unless otherwise specially provided, or required by the context, the terms in this chapter which are also used in Government Code Sections 8550 ff, as recodified and/or amended from time to time, have the meanings therein; for instance, "emergency" has one or more of the meanings in Government Code Section 8558. (Ord.72-83 ~ 1 (part), 1972). Article 42-2.4 Disaster Council 42-2.402 Disaster council - Membership. The Contra Costa County disaster council is created, consisting of the following occupants of official positions, designees and appointees: (1) Chairman of the board of supervisors, chairman; (2) County administrator, vice-chairman; (3) Director of the office of emergency services, secretary; (4) Sheriff; (5) County public works director; (6) County health officer; (7) County welfare director; (8) Such representatives of other county departments, public entities, and organizations with official emergency responsibility, in this county operational area, as the board may appoint from time to time by resolution, (Ord. 72-83 ~ 1 (part), 1972). (Contra Costa County 9-15-78) 42-2.404 Disaster council - Powers and duties. (a) The council shall develop, and recommend to the.. county administrator for adoption by the board, emergency and mutual aid plans and agreements, and such ordinances, resolutions, and regulations as are necessary to implement such plans and agreements. (b) The council shall meet upon call of the chairman or, in his absence from the county or inability to act, the vice-chairman. (Ord. 72-83 ~ 1 (part), 1972). Article 42-2.6 County Administrator, Director and Staff 42-2.602.. County administrator. The county administrator is in charge of the county's emergency organization. (Ord. 72-83 ~ I (part), 1972). 42-2.603 Alternates to county administrator. (a) The county administrator shall, with the board's approval, designate alternates to his position under this chapter and their order of succession thereto. (b) When the county administrator is unavailable, his alternates, in sequence, have his powers and duties under this chapter, but each shall then immediately confer, if possible, with one or more members of the board, including the chairman if available. (Ord. 72-83 ~ 1 (part), 1972). 42-2.604 Director and staff. (a) The county administrator shall appoint the director and staff of the office of emergency services, which is a division of the county administrator's office. (b) The staff shall perform functions under this chapter, especially the development of plans and the management of programs, as assigned by the county administrator and subject to his supervision and to his policy and administrative guidance, and with the advice and help of the chiefs of emergency services. They shall advise and assist the county administrator on matters pertaining to this chapter and shall be responsible to him for the work and activities of that office. (Ord. 72-83 ~ 1 (part), 1972). Article 42-2.8 County Administrator's Powers and Duties 42-2.802 Proclaims local emergency. When the board is not in session, the county 86 DISASTER COUNCIL AND EMERGENCY SERVICES 42-2.804-42-2.1202 administrator may proclaim a local emergency, but only after conferring if possible with one or more members of the board, including the chairman if available, or declaring in writing that such a conference is impossible. (Ord. 72-83 ~ 1 (part), 1972). 42-2.804 Requests state of emergency. The county administrator may, when he deems locally available resources inadequate to cope with an emergency, ask the Governor to proclaim a state of emergency. (Ord. 72-83 ~ I (part), 1972). 42-2.806 Directs and coordinates. (a) The county administrator shall control and direct the effort of the emergency organization of this county for the accomplishment of the purposes of this chapter. (b) He shall direct cooperation between and coordination of services and staff of the emergency organization of this county, and resolve questions of authority and responsibility that may arise between them. (Ord. 72-83 ~ 1 (part), 1972). 42- 2.808 Emergency powers. (a) Emergencies. The county administrator has the powers and duties specified in this section when an emergency has been duly proclaimed pursuant to this chapter and Government Code Sections 8558, 8625, or 8630, or exists under 8558(a). (b) Regulations. He may make regulations reasonably related to the protection of life and property as affected by such emergency. The board shall, at the earliest practicable time, wholly or partly, ratify, modify, or repeal these regulations. (c) Obtain Things. He may obtain vital supplies, equipment, and other properties and things, found lacking and needed for the protection of life and property; he may bind the county for their fair value; and he may, if they are required immediately, commandeer them for public use. (d) Require Services. He may require emergency services from any county officer or employee; and if a state of war emergency exists, or if a state of emergency covering this county has been duly proclaimed, he may command the aid of as many persons of this county as he deems necessary in the execution of his duties. Such persons have all the privileges, benefits, and immunities provided by state law for registered disaster service workers. (Ord. 72-83 ~ 1 (part), 1972). 42-2.810 Emergency expenditures. (a) Presumption. All expenditures for emergency activities, including mutual aid activities, shall be conclusively deemed to be for the direct protection and benefit of this county's people and their property. (b) Authorization. Every county department may expend its regular funds for assigned emergency purposes, to be refunded as the board deems appropriate from any available federal or state disaster relief funds. (Ord. 72-83 ~ 1 (part), 1972). Article 42-2.10 Emergency Organization and Plan 42-2.1002 Emergency organization. The county's emergency organization comprises all county officers and employees, all volunteer forces enrolled to aid them during an emergency, and all persons who may by agreement or operation of law be charged with duties incident to the protection of life and property in this county during an emergency, including individuals impressed into service. (Ord. 72-83 ~ 1 (part), 1972). 42-2.1004 Emergency plan. (a) Development. The disaster council shall develop the county's emergency plan and keep it up to date. (b) Contents. The emergency plan shall provide for: (1) The effective mobilization of all the public and private resources of this county to meet any condition(s) constituting, contributing to, or resulting from an emergency; and (2) The emergency organization's staff, organization, powers, duties, and services. (c) Adoption. The plan shall take effect as provided in the board resolution adopting it. (Ord. 72-83 ~ I (part), 1972). Article 42-2.12 Enforcement 42-2.1202 Enforcement - Obstruction. No person shall wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful regulation issued pursuant to this chapter, or in the performance 87 (Contra Costa County 12-26-72) 42- 2.1204-4 2-4.002 HEALTH AND SAFETY . of any duty or function hereunder. (Ord. 72-83 S I (part), 1972). 42-2.1204 Enforcement False identification. No person shall, without authority therefor, wear, carry, or display any means of identification specified by the State Office of Emergency Services. (Ord. 72-83 S I (part), 1972). Chapter 42-4 OFFICIAL SUCCESSORS Sections: 42-4.002 42-4.004 42-4.006 42-4.008 42-4.010 Definitions. Appointment for succession. Procedures and duties. Temporary appointments. Filling and review of appointments. 42-4.002 Definitions. "Disaster," "unavailable," and "standby officers" mean as set forth in Military and Veterans Code Section 1550.01. "War" means as set forth in Military and (Contra Costa County 12-26-72) 88 Veterans Code Section 18. (Ord. 1880: Ord. 1685: prior code ~ 3110). 42-4.004 Appointments for succession. The board of supervisors shall appoint three standby officers (designated No.1, No; 2, and No.3) for each of the five members of the board of supervisors. (Ord.1880: Ord.1685: prior code ~ 3111 ). 42-4.006 Procedures and duties. The board of supervisors shall examine, investigate, appoint, remove, and replace standby officers in accordance with Military and Veterans Code Sections 1550.03, 1550.04 and 1550.05; and the chairman, or in his absence, the vice-chairman, shall administer the oath required by Section 1550.05. The board shall file with the Secretary of State a copy of its action appointing, removing, or replacing any standby officers. Standby officers shall have the duties and authority prescribed in Military and Veterans Code Section 1550.06. The county clerk shall provide each standby officer with a copy of Military and Veterans Code Division 7, Chapter 1, Article 6 Sections 1550 through 1550.1, inclusive, and of Sections 42-4.004 - 42-4.010, inclusive, of this code. (Ord. 1880: Ord. 1685: prior code ~ 3112). 42-4.008 Temporary appointments. If all members of the board of supervisors, including all standby members, be unavailable, temporary members of the board of supervisors, if needed, shall be appointed by the chairman of the board of supervisors of the following counties, acting in the order listed if the chairman of a county listed earlier in order is unavailable: (1) Alameda; (2) San Francisco; (3) Santa Clara; (4) Sacramento; (5) San Mateo; (6) San Joaquin; (7) Marin. The board of supervisors finds and determines that these counties are within one hundred fifty miles of this county, and are the nearest and most populated counties, in order of their listing. (Ord. 1880: Ord. 1685: prior code ~ 3113 ). FIREWORKS 42-4.004-44-2.002 42-4.010 Filling and review of appointments. At its second regular meeting in March of each year, the board of supervisors shall review the status of all standby appointments. The board shall inquire whether three standbys for each member of the board of supervisors are available. Vacancies for standbys shall be filled in accordance with Section 42-4.006. At the same time the board shall review its designation by resolution of an alternative temporary county seat pursuant to Government Code Section 23600. (Ord. 1880: Ord. 1685: prior code ~ 3114). Division 44 DANGEROUS MATERIALS Chapters: 44-2 Fireworks 44-4 Weapons Chapter 44-2 FlREWORKS* Sections: 44-2.002 Restrictions-Exceptions. 44-2.002 Restrictions - Exceptions. (a) No person shall possess, manufacture, sell, use or discharge, or offer to do so, any fireworks (including "dangerous," "safe and sane," and other fireworks) as defined in or pursuant to Health and Safety Code Sections 12502 through 12504 other than fusees (red flares) properly used by railroads, peace officers, firemen and motorists. (b) This section does not forbid or control acts or matter expressly allowed, permitted or licensed under state law; nor does it allow acts or matter more strictly forbidden or controlled by state law or by local fire regulations. (Ord. 72-19 ~ 1,1972: prior code ~ 3220: Ord. 684). *For the statutory provisions regarding fireworks, see Health & Saf. C. ~ 12500 ff. 89 (Contra Costa County 9-15-78) 44-4.002-44-4.008 HEALTH AND SAFETY Chapter 44-4 WEAPONS** Sections: 44-4.002 44-4.004 44-4.006 44-4.008 Firearms- Possession by minors. Firearms- Discharge restrictions - Exceptions Firearms- Enforcemen t officer. Firearms- Ammunition sale to minors. 44-4.002 Firearms - Possession by minors. No minor under the age of sixteen years shall possess or use firearms of .22 calibre or greater or air guns except under the direct supervision and control of an adult. (Prior code ~ 3300: Ord. 603). 44-4.004 Firearms - Discharge restrictions _ Exceptions. (a) No person shall discharge any firearm in any public place. (b) Subsection (a) shall not apply to: (1) The discharge of firearms otherwise authorized by law; (2) Any of the persons listed in Penal Code Section 12031(b). (Ord. 67-44 ~ 2,1967: prior code ~ 3301). 44-4.006 Firearms - Enforcement officer.* The sheriff of this county shall be responsible for the enforcement of this chapter. (Prior code ~ 3302). 44-4.008 Firearms - Ammunition sale to minors. No person shall sell or give to any minor under the age of sixteen years any ammunition capable of being used in any flrearm, unless the minor is accompanied by a parent, legal guardian or adult authorized by the parent. (Ord.1676: prior code ~ 3303). **For the statutory provlSlons regarding the regulation of firearms generally, see Pen. C. S 467, III 06 and 12000 ff; for the provision that the state has preempted registration and licensing of firearms, see Gov. C. s 9619; for the provisions regarding sale of weapons to children, see Pen. C. S 12072 and S 12550 ff. * For sheriff, see Ch. 24-20, this code. (Contra Costa County 9-15-78) 90 Division 46 TRAFFIC REGULATIONS** Chapters: 46-2 Traffic Orders 46-4 Miscellaneous Provisions 46-6 Nonvehicu1ar Activities in Rights-of-Way 46-8 Roadside Selling **For the statutory prOVISIons authorizing local traffic and highway regulations and related regulations, see Veh. C. ~ 21100 ff. For the provisions authorizing local authorities to place and maintain traffic-control devices as required by statute or as necessary to implement statutes or local ordinances, see Veh. C. ~ 21351. For the authority to designate any highway under local jurisdiction a through highway and to erect stop signs at entrances thereto, see Veh. C. ~ 21354. For the provisions allowing a local authority to raise a statutory special limit on nonstate highways, streets and roads, see Veh. C. ~ 22357. For the provisions limiting downward speed zoning, see Veh. C. ~ 22358.5. For the provisions allowing local authority to limit speeds on local bridges and special structures, see Veh. C. H 22403 and 22404. For the provisions requiring local authority to submit all ordinances regulating stopping and standing of vehicles on state highways to the State Highway Department, see Veh. C. ~ 22506. For the provision authorizing local control of parking on nonstate streets and highways, see Veh. C. ~~ 22502(c) and 22507; for provisions concerning establishment of parking meter zones, see ~ 22508; for provisions concerning parking on hills, see ~ 22509. For the provisions authorizing local control of off-street parking, see Veh. C. ~ 22519. For the provisions regulating local ordinances dealing with removal of abandoned vehicles from highways, see Veh. C. ~ 22652. For the provisions pertaining to the local regulation of bicycles, see Veh. C. ~ 21206. For the provisions authorizing local authorities to increase or decrease maximum allowed weight on any local street or highway, see Veh. C. ~ 35700 ff. For the provisions relating to county highways generally, see Str. & H.C. ~ 900 ff. For the provisions relating to special permits and agreements between local officials and an applicant to move a vehicle in violation of established, regulations, see Veh. C. ~ 35780 ff. TRAFFIC ORDERS 46-2.002-46-2.004 Chapter 46-2 TRAFFIC ORDERS* Sections: 46-2.002 46-2.004 46~2.006 46-2.008 46-2.010 Purpose of chapter. Establishment of regulations. Standards. Adoption and posting. Numbering and filing of adoption resolutions. Penalty for violation. 46-2.012 46-2.002 Purpose of chapter. The purpose of this chapter is to establish a procedure for the adoption of traffic regulations applying to particular streets, highways, intersections, or areas within this county. (Prior code S 3400: Ord. 1436). 46-2.004 Establishment of regulations. The director of public works may make traffic orders establishing any of the following regulations: ( 1) Regulating traffic by means of semaphores or other official traffic-control devices; (2) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specified direction; (3) Closing any highway or a portion of it, when in the opinion of the director of public works, the highway is no longer needed or cannot safely be used for vehicular traffic; (4) Designating any highway as a through highway and requiring that all vehicles stop before entering or crossing the highway; (5) Designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to the intersection; (6) Prohibiting the use of particular highways by certain vehicles, except as otherwise provided by the Public Utilities Commission pursuant to Article 2 of Chapter 5, of Part 1 of Division 1 of the Public Utilities Code of the state of California; (7) Closing particular streets during regular *For the statutory authority to enact local traffic regulations, see the following sections of Veh. C. ~ 21100 (semaphones, control devices); ~ 21101 (one-way streets, closing highways, through highways, stop intersections, use of highways by particular vehicles, closing highways during driver training); ~ 21102 (closing highways dividing school grounds); ~ 21109 (tunnels and bridges); ~ 21110 (railroad crossings); ~ 21111 (housing projects); ~ 22101 (turn markers); ~ 22113 (turns); ~ 22507 (parking or standing); ~~ 22357, 22358 (altering speed limits); ~ 35700 ff. (weight limits). 91 (Contra Costa County 5-81) 46-2.006-46-2.012 HEALTH AND SAFETY school hours for the purpose of conducting automobile driver training programs in the secondary schools and colleges in this county; (8) Closing to vehicular traffic that portion of any street or highway crossing or dividing any school grounds when in the opinion of the director of public works the closing is necessary for the protection of persons attending the school or using the school grounds. The closing to vehicular traffic may be limited to the hours and days that the director of public works may specify; (9) Establishing crosswalks between intersections; (10) Directing that pedestrians shall not cross in a crosswalk indicated at an intersection; (11) Regulating vehicular traffic on privately owned and maintained roads or ways within the boundaries of a privately owned airport, when the roads or ways are expressly open to the general public for purposes of vehicular traffic; (12) Regulating vehicular and pedestrian traffic in subways, tubes, and tunnels or on bridges or viaducts; (13) Requiring that all vehicles stop before entering or crossing the tracks at any highway railroad grade crossing; (14) Regulating vehicular traffic on privately owned and maintained roads or ways within the boundaries of any housing project or within the site of any housing owned or operated by a housing authority created under and by virtue of the Housing Authorities Law, commencing at Section 34200 of the Health and Safety Code of the state of California, on privately owned and maintained roads or ways within areas which would be a residence district if the road or way were a public highway, or, with the consent of the owner, on publicly owned and maintained roads and ways within areas not owned by this county; (IS) Prohibiting the making of any turning movement by any vehicle at any intersection or between any designated intersections; (16) Prohibiting the parking or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day; (17) Declaring a prima facie speed limit of thirty, thirty-five, forty, forty-five, fifty, fifty-five or sixty miles per hour, or a maximum speed limit of sixty-five miles per hour, on any street other than a state highway otherwise subject to a prima facie speed limit of (Contra Costa County 5 -81) twenty-five miles per hour; (18) Declaring a prima facie speed limit of sixty, fifty-five, fifty, forty-five, forty, thirty-five, thirty, or twenty-five miles per hour on any portion of any street other than a state highway where the street is subject to a speed limit of sixty-five miles per hour; (19) Regulating the installation and operation of mechanical devices for the control of vehicular and pedestrian traffic; (20) Establishing weight limitation for vehicles traveling over county roads and bridges; (21) Providing for the delineation of parking spaces. (Ord. 1774: Ord. 1528: prior code ~ 3401: Ord. 1436). 46-2.006 Standards. Every traffic order made under Section 46-2.004 shall be based on a traffic and engineering survey and shall conform with accepted principles and practices of traffic engineering. (Prior code ~ 3402: Ord. 1436). 46-2.008 Adoption and posting. * No traffic order shall be effective until: (1) It has been adopted by resolution of the board of supervisors; and (2) Appropriate signs or markings, meeting the requirements of the Vehicle Code of the state of California, are placed to give notice of the regulation to the traveling public, unless the regulation itself constitutes notice. (Prior code ~ 3403: Ord. 1436). 46-2.010 Numbering and filing of adoption resolutions. (a) Resolutions adopting traffic orders shall be numbered consecutively, in a numerical series separate from that applied to other resolutions of the board of supervisors. (b) A copy of each resolution adopting a traffic order shall be filed with the director of public works. (Prior code ~ 3404: Ord. 1436). 46-2.012 Penalty for violation.** Violations of traffic orders adopted under this chapter shall be punished as provided in California Vehicle Code Sections 40000.1 and 42001. (Ord. 79-53 S I: prior code S 3405: Ord. 1436). *For description of traffic devices, see Vehicle Code ~ 21400 ff. **For the statutory provisions regarding traffic offenses, see Veh. C. ~ 40000 ff; for the provisions regarding procedure on arrests, see Veh. C. ~ 40300 ff; and for the provisions regard- ing penalties, see Veh. C. ~ 42000 ff. 92 MISCELLANEOUS PROVISIONS Chapter 464 MISCELLANEOUS PROVISIONS* Sections: 46-4.002 46-4.003 46-4.004 Parking-On hills. Parking-Commercial vehicles. Parking-Seventy-two or more consecutive' hours. Parking-In marked spaces. Parking-Removal of parked vehicles. Vehicle weight limits raised- Highways designated. 46-4.006 46-4.008 46-4.010 46-4.002 Parking - On hills. (a) No person driving, in control of, or in charge of any vehicle shall stand or park if on any street or highway where the grade exceeds three percent, in any business or residential district as defined by the California Vehicle Code, without setting the brakes and blocking the wheels of the vehicle by turning them against the curb or by other means. (b) Any person violating this section shall be punished as provided in Vehicle Code Section 42001. (Ord. 79-53 @ 1: prior code @ 3410: Ord. 1167: See C.Y-C. @ 22509). 46-4.003 Parking - Commercial Vehicles. (a) Prohibition. No person driving or in control or charge of any commercial vehicle, having a manufacturer's gross vehicle weight rating of ten thousand pounds or more, shall stand or park it on any county street or highway, or portion thereof, located in any residence district as defined by the California Vehicle Code. (b) Exemptions. This section is not effective with any commercial vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted streets or highways or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure on the restricted streets or highways for which a building permit has previously been obtained. *For the state traffic laws regarding stopping, standing and parking, see Veh. C. @ 22500 ff; for the authority of the county to regulate parking on state highways, see Veh. C. @ 22506; for the authority to enact local parking regulations, see @ 22507; to regulate parking on hills, see @ 22509. For the statutory provisions regarding the removal of parked and abandoned vehicles, see Veh. C. ~ 22650 ff. 46-4.002-46-4.010 (c) Punishment. Any person violating this section shall be punished as provided in Vehicle Code Section 42001. (Ord. 79-88: C.V.C. @ @ 515,22507.5). 46-4.004 Parking - Seventy-two or more consecu tive hours. Any vehicle parked or left standing on a county road for seventy-two or more consecutive hours may be removed as provided in the Vehicle Code. (Ord. 71-7 @ 1, 1971: Ord. 1800: Ord. 1498: prior code @ 3411). 46-4.006 Parking - In marked spaces. The public works director may cause county roads to be marked with white lines designating parking spaces. Where parking spaces have been so designated, no vehicle shall be parked except within such marked spaces. (Ord. 1774: prior code @ 3412). 46-4.008 Parking - Removal of parked vehicles. The road commissioner may have signs placed giving notice that vehicles may be removed from any county road, and twenty-four hours thereafter may have the vehicle removed in accordance with the provisions of this code and the Vehicle Code, when: (1) The use of any county road, or a portion thereof, is either: (a) Necessary for the cleaning, repair or construction of the road or for the installation of underground utilities, or (b) Authorized by pe11l1it for a purpose other than the normal flow of traffic, or for the movement of equipment, articles or structures of unusual size; and the parking of any vehicle would prevent or interfere with any such use; or (2) A vehicle is illegally on a county road in violation of a county traffic ordinance or resolution forbidding standing or parking. (Ord. 71-7 @2, 1971: Ord. 1886: Ord. 1774: prior code @ 3413). 46-4.010 Vehicle weight limits raised - Highways designated. * (a) Pursuant to the authority contained in Vehicle Code Section 35700, trucks and vehicle combinations transporting garbage, rubbish and/or swill shall be deemed in compliance with Vehicle Code Sections 35550 and 35551 if the maximum *For the statutory requirement that rubbish vehicles be covered, see Veh. C. @ 23115. 93 (Contra Costa County 9-15-79) 46-6.002-46-6.010 HEALTH AND SAFETY gross weight imposed on the county highways in subsection (b) by the wheels on anyone axle is not over twenty-three thousand pounds and the gross weight upon the wheel(s) supporting one end of an axle and resting on the roadway is not over twelve thousand five hundred pounds. (b) The county highways in the North Richmond area referred to in subsection (a) are: (1) That portion of Parr Boulevard contiguous to the city of Richmond lying westerly of the Southern Pacific right-of-way; (2) That portion of Third Street contiguous to the city of Richmond and lying between Gertrude Avenue and Parr Boulevard; (3) All of Garden Tract Road adjacent to Parr Boulevard; (4) Portion of Market Street between Third Street and First Street; (5) Central Street, between Pittsburg Avenue and Brookside Drive; (6) Portion of Brookside Drive between Third Street and Central Street; and (7) All of Pittsburg Avenue. (Ords. 77-108, 67-75,67-69: prior code S 3414). Chapter 46-6 NONVEHICULAR ACTIVITIES IN RIGHTS-OF-W A Y* Sections: 46-6.002 46-6.004 Definitions. Dangerous activities-Board findings. Prohibited activities. Whl..m light or refler.tor required. Acts interfering with adjacent business. 46-6.006 46-6.008 46-6.010 46-6.002 Definitions. As used in this chapter, these terms have the following meanings: (1) "Darkness" is any time from one-half hour after sunset to one-half hour before sunrise and any other time when there is not sufficient light to render clearly discernible any person or vehicle on the roadway or right-of-way at a distance of five hundred feet. (2) "Roadway" is a" defined in Section 530 of the California Vehicle Code. (3) "Right~of-way" means all land or interest *For the statutory provisions of the California Recreational Trails Act, see Pub. R.C. !} 5070 ff. (Contra Costa County 9-15-79) therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved or set aside Jor or dedicated to the use of the general public for road or highway purposes, and all or a portion of which is open to public travel. (4) "Pedestrian" means one who journeys or travels on foot from one point to another on or near a roadway without remaining in one position or area for more than a temporary period, and such status shall not be changed by temporary or intermittent stops or pauses incidental to the journey. (5) "Business district" is as defined in Section 235 of the California Vehicle Code. (Ord. 2022: prior code ~ 3421). 46-6.004 Dangerous activities Board findings. The. board of supervisors finds that any person sleeping, dozing or reclining outside of a motor vehicle or trailer within any public right-of-way is a grave and immediate hazard to the safety of himself and of those entitled to use, and using or trying to use, the roadway or other parts of the public right-of-way, and that persons walking or standing (other than pedestrians walking on the left-hand side of the roadway) within fifteen feet of roadways outside a business district during darkness, and not displaying a light or reflector adequate to signify their presence, constitu te a danger to themselves and to others using such roadway. (Ord. 2022: prior code ~ 3420). 46-6.006 Prohibited activities. It is unlawful for any person to sleep, doze, or recline outside of any motor vehicle or trailer within any right-of-way. (Prior code ~ 3422). 46-6.008 When light or reflector required. It is unlawful for any person to walk or stand within fifteen feet of any roadway outside a business district during darkness without displaying on his person a light or reflector adequate to signify his presence to vehicular traffic on the roadway, except pedestrians walking on the left-hand side of the roadway. (Ord. 2022: prior code ~ 3423). 46-6.010 Acts interfering with adjacent business. It is unlawful for any person to remain on a public street, sidewalk or other public place or place open to the public (inside or outside a 94 public right-of-way), when his presence or acts unreasonably interfere with the peaceful con- duct of a lawful business or occupation on ad- jacent property by annoying or disturbing its personnel or customers, after having been asked to leave by the owner, agent or person in lawful possession of such business. (Ord. 68-84 ~ 1, 1968: prior code ~ 34-24). Chapter 46-8 ROADSIDE SELLING Sections: 46-8.002 46-8.004 46-8.006 46-8.008 46-8.010 Defmitions. Vehicles. Structures or other things. Items in vehicle or structure. Exemptions. 46-8.002 Def'mitions. As used in this chapter, the terms "public highway" and "right- of-way" have the meanings given in Section 1002-2.002. (Ords. 80-96 ~ 1, 75-4). 46-8.004 Vehicles. No person shall park or place any vehicle wholly or partly within any right-of-way of any public highway in this county for the purpose of selling such vehicle, or of offering or displaying it for sale. (Ords. 80-96 ~ 1, 75-4). 46-8.006 Structures or other things. No person shall park or place any structure or any other thing wholly or partly within any right- of-way of any public highway in this county for the purpose of selling such structure or thing, or of offering or displaying it for sale. (Ords. 80-96 ~ 1, 75-4). 46-8.008 Items in vehicle or structure. No person shall park or place any vehicle or structure wholly or partly within any right-of- way of any public highway in this county for the purpose of selling, or offering or displaying for sale, anything either from or in such vehicle or structure. (Ords. 80-96 ~ 1, 75-4). 46-8.010 Exemptions. (a) Sections 46-8.004 to 46-8.008 do not apply to such rights-of-way within districts zoned as light agricultural (A-I), general agricultural (A-2), heavy agricultural (A-3), agricultural preserve (A-4), or exclusive ROADSIDE SELLING 46-8.002-46-8.010 agricultural districts (A-20, A-40, and A-80), when such parking, placing, offering, displaying, or selling is conducted in full compliance with all other applicable state and county laws and regulations concerning such rights-of-way. (b) Section 46-8.008 does not apply to taking orders for, or delivering anything from a vehicle on that part of such right-of-way im- mediately adjacent to the buyer's premises. (Ords. 80-96 ~ 1, 75-4). Chapter 46-10 PREFERENTIAL PARKING PRIVILEGES Article 46-10.2 General Sections: 46-10.202 Intent, purpose and authority. Article 46-10.4 Def'mitions Sections: 46-10.402 General. 46-10.404 Director. 46-10.406 Permit-parking area. 46-10.408 Parking permit. 46-10.41 0 Valid application. Article 46-10.6 Permit-parking Areas Sections: 46-10.602 General. 46-10.604 Nonresident parking problem. 46-10.606 Criteria. Article 46-10.8 Designation Process Sections: 46-10.802 Petition. 46-10.804 Director recommends. 46-10.806 Board determines. 46-10.808 Designation removal. Article 46-10.10 Resident Parking Permits Sections: 46-10.1002 General. 46-10.1004 Number limit. 46-10.1006 Issuance. 46-10.1008 Fee. 46-10.1010 Display. 46-10.1012 Record. 46-10.1014 Permit revocation. Article 46-10.12 Area Posting Sections: 46-10.1202 Posting. Article 46-10.14 Violations Sections: 46-10.1402 Violation. 95 (Contra Costa County 11-81) 46-10.202-46-10.606 HEALTH AND SAFETY Article 46~10.16 Exemptions Sections: 46-10.1602 Initial ten-day grace period. 46-10.1604 Emergency vehicles. 46-10.1606 Service vehicle. 46-10.1608 Disabled and handicapped. Article 46-10.18 Appeals Sections: 46-10.1802 Appeal, fee. Article 46-10.2 General 46-10.202 Intent, purpose and authority. This chapter sets forth procedures, pursuant to Vehicle Code Sections 22507 and 22507.2, for the establishment of permit-parking areas within the unincorporated areas of Contra Costa County in order to alleviate, in certain areas and neighborhoods, motor vehicle congestion caused by long-term parking by nonresidents of those areas and neighborhoods. In order to protect the health, safety, and welfare of residents and merchants of areas and neighborhoods affected by long-term parking and to protect and promote the integrity of these areas and neighborhoods, it is necessary to establish the procedures herein. (Ord. 81-69 ~ 1: Veh. Code ~~ 22507,22507.2). Article 46-10.4 Deimitions 46-10.402 General. Unless otherwise speci- fically provided, or required by the context, the following terms have the meanings set forth in this article for the purpose of this chapter. (Ord. 81-69 ~ 1). 46-10.404 Director. "Director" is the person occupying the position of public works director or his deputy. (Ord. 81-69 ~ I). 46-10.406 Permit-parking area. "Permit- parking area" is an area with streets and boundaries, designated by board resolution, within which vehicles displaying a valid permit are exempt from parking restrictions established pursuant to this chapter. (Ord. 81-69 ~ I). 46-10.408 Parking permit. "Parking permit" is a decal, sticker, card, or similar device to be prominently displayed on or in a vehicle and containing specific information required by Sec- tion 46-10.410, as applicable. (Ord. 81-69 ~ 1). (Contra Costa County H-St) 96 46-10.410 Valid application. "Valid appli- cation" is a parking permit application obtained from and filed with the public works depart- ment, with application fee, and which contains all information requested by the application, including: (a) evidence of residency within the permit parking area, and (b) evidence of vehicle ownership with the vehicle registered to the same address as the resident. Appropriate evidence includes, but is not limited to, a current vehicle registration, a current driver's license, a recent utility bill, or photocopies of these items. (Ord. 81-69 ~ 1). Article 46-10.6 Permit-parking Areas 46-10.602 General. Any area satisfying the objective criteria established in these procedures may be considered for designation as a permit- parking area. Permit-parking areas may be desig- nated by board resolution in which motor ve- hicles displaying a valid parking permit may stand or be parked without limitation as to the parking time restrictions established by that resolution. The resolution shall also state the applicable time lirriitation(s) and the period(s) of the day(s) of the week for its application. (Ord. 81-69 ~ 1). 46-10.604 Nonresident parking problem. An area shall be deemed eligible for .considera- tion as a permit-parking area if the data for sur- veys and studies prepared at the direction of the director satisfy the objective criteria that the area is impacted by vehicles belonging to non- residents for any extended period(s) of any day(s) or night(s), on weekdays, weekends, or holidays. (Ord. 81-69 S 1). 46-10.606 Criteria. In determining whether an area identified as eligible for permit-parking may be designated as a permit-parking area, the following criteria shall be included in the review and consideration: (1) The extent of the desire and need of the residents for permit-parking and their willingness to bear the costs associated therewith; (2) The extent to which legal on-street park- ing spaces are occupied by motor vehicles dur- ing the period(s) proposed for parking restric- tion; PREFERENTIAL PARKING PRIVILEGES (3) The extent to which vehicles parking in the area during the period(s) proposed for park- ing restriction are vehicles belonging to non- residents rather than residents; (4) The extent to which motor vehicles registered to residents in the area cannot be accommodated by the number of available off-street parking spaces; and (5) The location and number of spaces avail- able as alternative parking locations for vehicles of nonresidents which are to be displaced in the proposed permit-parking area. (Ord. 81-69 S 1). Article 46-10.8 Designation Process 46-10.802 Petition. Upon receipt of a veri- fied petition signed by at least half of the adult residents in the area proposed for designation, and who represent at least half of the residential units in that area, the director shall undertake such surveys or studies as he deems necessary to determine whether the area is eligible for permit-parking. (Ord. 81-69 S 1). 46-10.804 Director recommends. Based on the surveys and studies, the director shall report to the board in writing his recommendations on (1) findings relative to the criteria deemed ap- plicable to the area, (2) conclusions as to whether the findings justify preferential parking for that particular area, (3) proposed boundaries of the permit-parking area, and (4) availability of alternate parking spaces or areas, and (5) appropriate period(s) and day(s) of parking restriction and preference. (Ord. 81-69 S I). 46-10.806 Board determines. The board may (with or without a public hearing) upon consideration of the public works report and recommendations, determine whether and what action should be taken pursuant to Section 46-8.602. (Ord. 81-69 S 1). 46-10.808 Designation removal. The desig- nation process and criteria provided by this article shall also be utilized by the director and the board of supervisors in determining whether to remove the designation of an area as a permit parking area. (Ord. 81-69 S 1). 46-10.802-46-10.1012 Article 46-10.1 0 Resident Parking Permits 46-10.1002 General. The director is re- sponsible for the issuance of parking permits to residents in a permit-parking area designated in accordance with Article 46-10.6. (Ord. 81-69 S 1). 46-10.1004 Number limit. The director shall not issue more than four permits to any one address for residents at that address, un- less the director finds more than four licensed drivers residing at one address with more than four vehicles registered to that address. (Ord. 81-69 S 1). 46-10.1006 Issuance. The director shall either grant or deny a parking permit within ten working days from receiving a valid application. If the permit is granted, the director shall issue it in accordance with this chapter and the permit is valid for the calendar year for which it is issued, unless a different period is established in the resolution creating the permit-parking area. If the director denies a permit, the written reasons for denial shall be provided to the appli- cant, in person or by mail, within the time period specified herein. (Ord. 81-69 S 1). 46-10.1008 Fee. The fee for a permit is ten dollars, prepaid, for the first registered vehicle and five dollars for each additional registered vehicle per applicant-location. The fee is non- refundable; and it is nonproratable unless so provided in the resolution creating that area. (Ord. 81-69 S 1). 46-10.1010 Display. The permit shall be dis- played as a placard on the dashboard or be otherwise visible from outside through the windshield or rear window of the vehicle, or as a decal affixed to the left rear bumper of the ve- hicle for which it has been issued. (Ord. 81-69 S 1). 46-10.1012 Record. The director shall maintain a record of the number of parking per- mits issued to each location, the names of per- mit holders, the license numbers of vehicles for which a permit has been issued, the preprinted number of the permit, and a notation of the documents checked to establish residency and vehicle ownership. (Ord. 81-69 S 1). 96-1 (Contra Costa County 11-81) 46-10.1014-46-10.1802 HEALTH AND SAFETY 46-10.1014 Permit revocation. The director may revoke the parking permit(s) of any person known to the director to no longer be eligible for a permit(s). The director shall give written notice to the permit holder of said revocation, the reasons therefor, and that the permit shall be removed from the individual vehicle. The per- mit is void beginning on the seventh day after the notice is mailed or delivered, whichever is first. (Ord. 81-69 ~ 1). Article 46-10.12 Area Posting 46-10.1202 Posting. Upon the designation of an area as a permit-parking area, the director shall have appropriate signs erected and main- tained in the area. (Ord. 81-69 ~ 1; see ~ 46-8.1602) . Article 46-10.14 Violations 46-10.1402 Violation. (a) Parking. No person shall stand or park a motor vehicle with- out a current permit properly displayed, on a street within the permit-parking area for more than four hours during the effective times and days of the permit parking system. (b) False Information. No person shall falsely represent himself as eligible for a parking permit, or shall furnish false information in an applica- tion for a permit. (c) Wrong Vehicle. No person shall use or display, or allow the use or display of, a valid parking permit on a motor vehicle other than that for which the permit was issued. (d) False Copy. No person shall copy, re- produce, or otherwise made a facsimile or counterfeit parking permit. (e) False Display. No person shall knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in the permit-parking area. (f) Other. No person shall knowingly commit any act prohibited by this chapter, or aid or abet another to do so. (Ord. 81-69 ~ 1). Article 46-10.16 Exemptions 46-10.1602 Initial ten-day grace period. Restrictions, requirements, and prohibitions otherwise applicable hereunder shall not be (Contra Costa County 11.81) operative during the first ten calendar days after the day when notice signs have been erected, as shown in the director's records. (Ord. 81-69 ~ 1). 46-10.1604 Emergency vehicles. Emergency vehicles (including but not limited to ambulances, fire engines, or police vehicles) are not restricted hereunder while controlled by a person providing service to a property in the permit-parking area. (Ord. 81-69 ~ I). 46-10.1606 Service vehicle. Delivery, utility, or service vehicles are not restricted hereunder while controlled by a person provid- ing service to property in the permit-parking area. The driver is responsible for identifying such vehicle as a commercial, utility, or service vehicle. (Ord. 81-69 ~ 1). 46-10.1608 Disabled and handicapped. Any vehicle identified as used by a disabled or handi- capped person meeting the requirements of Vehicle Code Section 225115 and displaying the handicap plates, is not restricted hereunder. (Ord. 81-69 ~ 1). Article 46-10.18 Appeals 46-10.1802 Appeal, fee. Any person who has been denied a permit(s) or had a permit(s) revoked by the director may appeal that deci- siOn to the board of supervisors as provided in Chapter 14-4, except that: (I) the period for filing the appeal is ten days after the director's decision has been mailed or delivered to the appellant, and (2) the appeal shall be accom- panied by a ten-dollar fee. (Ord. 81-69 ~ 1). 96-2 Division 48 AMBULANCES* Chapters: 48-2 General Provisions 48-4 Defmitions 48-6 Permits 48-8 Compliance Cards 48-10 Fees 48-12 Driver and Attendant Standards 48-14 Permit and Card Suspension or Revocation 48-16 Emergency Response 48-18 Miscellaneous Provisions 48-20 Enforcement Chapter 48-2 GENERAL PROVISIONS Sections: 48-2.002 48-2.004 48-2.006 Title. Purpose. Exemptions. 48-2.002 Title. This division shall be known as the "ambulance ordinance of Contra Costa County." (Ord. 70-77 ~ 1 (part), 1970). 48-2.004 Purpose. The, purposes of this division 'are to: (1) Enact formal policies and regulations for licensing and regulating the operation of ambulances; . (2) Protect the public by assuring that ambulances operate safely; and (3) Assure that adequate ambulance services will be provided in all areas of the county. (Ord. 70-77 ~ 1 (part), 1970). 48-2.006 Exemptions. (a) This division shall not apply: (1) To vehicles operated as ambulances and to persons engaged in the ambulance service *Fof the statutory provisions regarding the licensing of private ambulances, see Veh. C. ~ 2510 ff; for the authority of local agencies to impose stricter regulations, see Veh. C. ~ 2512(b); ! for authority of local agencies to license and regulate the opera- tion of vehicles for hire, see Veh. C. ~ 16501; for statutory requirements for resuscitation equipment for ambulances, see Veh. C. ~ 2418.5; for the provisions regarding liability for resuscitation attempts, see Veh. C. ~ 165.5. GENERAL PROVISIONS 48-2.002-48-4.002 where ambulance services are rendered at the request of the county communications center or at the request of any public protection agency during any state of "local emergency," "local disaster," or "local peril," as defined in the Military and Veterans' Code, in state of "disaster" or "extreme emergency," as declared by the Governor; (2) To vehicles operated as ambulances and to persons engaged in the ambulance service where ambulance services are rendered exclusively to patients who become in need of ambulance service while on or in the place of business of the person and where no charge is made for the ambulance services rendered, provided however that if the vehicle is going to travel Code 3 or its equivalent, the county communications center shall be so notified of this fact. (b) This division shall not prevent any peace officer, fireman, or physician licensed to practice medicine in this state, from arranging for the transportation of an individual in need of emergency medical care when no ambulance with a compliance card' is available and such transportation is required immediately for the preservation of life. (Ord. 70-77 S 1 (part), 1970). Chapter 48-4 DEFINITIONS Sections: 48-4.002 48-4.004 48-4.006 48-4.008 48-4.010 48-4.012 48-4.014 48-4.016 48-4.018 48-4:026 48-4.022 48-4.024 Generally. Ambulance. Ambulance service. Attendant. Driver. Emergency response areas. Emergency response area list. Health officer. Medical director. Patient. Permit officer. Sheriff. 48-4.002 Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this chapter. (Ord. 70-77 ~ 1 (part), 1970). 96-3 (Contra Costa County 11-81) 48-4.004-48-4.014 HEALTH AND SAFETY 48-4.004 Ambulance. "Ambulance" means any privately owned vehicle specifically constructed, modified, equipped, or arranged and operated for ambulance service, and which responds or may respond to emergency calls in this county. (Ord. 70-77 ~ 1 (part), 1970). 48-4.006 Ambulance service. "Ambulance service" means the activity, business or service, for hire, profit, or otherwise, of transporting one or more patients by ambulance on or in any of the streets, roads, highways, alleys, or any public way or place in the unincorporated areas of this county. (Ord. 70-77 ~ 1 (part), 1970). 48-4.008 Attendant. "Attendant" means a trained and/or qualified individual who, regardless of whether he also serves as driver, is responsible for the care of ambulance patients and who has met all license and other requirements in applicable state laws and regulations. (Ord. 70-77 ~ 1 (part), 1970). 48-4.010 DriVer. '~Driver" means an individual who drives an ambulance and who has ""..... ... . .:""'let" J an license and other requirements in --. ._-~ . ".+_._'-_.~ applicable state laws and regulations. (Ord. 70-77 ~ I (part), 1970). 48-4.012 Emergency response areas. "Emergency response areas" means the areas shown on the map entitled "Emergency Response Areas of Contra Costa County" on file in the office of the sheriff and the clerk of the board, and as it may be changed from time to time by the permit officer after public hearing. Notice of public hearing shall be given in accordance with Section 410-20.002(b). (Ord. 70-77 ~. I (part), 1970). 48-4.014 Emergency response area list. . "Emergency response area list(s)" means that list of permittee(s) for each emergency response area who have entered into an ambulance service (Contra Costa County 11-81) 96-4 NONVEHICULAR ACTIVITIES IN RIGHTS-OF -W A Y 46-6.010 public rig,.l-tt-of-way), when his presence or acts unreasonably in terfere with the peaceful conduct of a lawful business or occupation on adjacent property by annoying or disturbing its personnel or customers, after having been asked to leave by the owner, agent or person in lawful possession of such business. (Ord. 68-84 S 1, 1968: prior code S 3424). Division 48 AMBULANCES* Olapters: 48-2 General Provisions 48-4 DefInitions 48-6 Permits 48-8 Compliance Cards 48-10 Fees 48-12 Driver and Attendant Standards 48-14 Permit and Card Suspension or Revocation 48-16 Emergency Response 48-18 Miscellaneous Provisions 48-20 Enforcement *For the statutory provisions regarding the licensing of private ambulances, see Veh. C. S 2510 ff; for the authority of local agencies to impose stricter regulations, see Veh. C. s 2512(b); for the authority of local agencies to license and regulate the operation of vehicles for hire, see Veh. C. S 16501; for statutory requirements for resuscitation equipment for ambulances, see Veh. C. S 2418.5; for the provisions regarding liability for resuscitation attempts, see Veh. C. S 165.5. 95/97 (Contra Costa County 9-15-79) agreement with the county and who will be contacted by the county communications center in accordance with regulations adopted by the permit officer to respond to calls for emergency ambulance services which it receives. Copies of the emergency response area list(s) shall be kept on fIle in the offices of the.sheriff and the clerk of the board. (Ord. 70-77 ~ 1 (part), 1970). 48-4.016 Health officer. "Health. officer" means the county health officer, or other official designated by the board to perform his functions under this division. (Ord. 70-77 ~ 1 (part), 1970). 48-4.018 Medical director. "Medical director" means the medical director of the Contra Costa County Hospital, or other official designated by the board to perform his functions under this division. (Ord. 70-77 S 1 (part), 1970). 48-4.020 Patient. "Patient" means a person who is ill, sick, injured, wounded, infirm, incapacitated, helpless or otherwise in need of ambulance service. (Ord. 70-77 ~ 1 (part), 1970). 48-4.022 Permit officer.* "Permit officer" means the health officer. (Ord. 77-61: prior code S 48-1.320: Ord. 70-77 S 1 (part)). 48-4.024 Sheriff. ** "Sheriff" means the sheriff of this county. (Ord. 70-77 S 1 (part), 1970). Chapter 48-6 PERMITS*** Sections: 48-6.002 48-6.004 48-6.006 48-6.008 48-6.010 Required. Application-Forms. Application-Required data. Applicant- Investigation. Applicant - Additional investigation. Issuance. Term. 48-6.012 48-6.014 *For county administrator, see Ch. 244, this code. **For sheriff, see Ch. 24-20, this code. . ***For revocation or suspension provisions, see Ch. 48-14, this code. For renewal provisions, see ~ 48-18.004, this code. For fees, see Ch. 48-10, this code. PERMITS 48<4.016-48-6.006 48-6.016 48-6.018 48-6.020 48-6.022 Temporary-When issued. Application-Change of data. Termination. Limited number of permits. 48-6.002 Required. No person (either as owner, agent or otherwise) shall. furnish, operate, conduct, maintain or otherwise engage in, or advertise, offer or profess to engage in the ambulance service unless he holds (and is entitled to hold) a currently valid ambulance service permit. (Ord. 70-77 ~ 1 (part), 1970). 48-6.004 Application Forms.* Each application for an ambulance service permit shall be made upon forms prescribed by the permit officer. (Ord. 70-77 ~ 1 (part), 1970). 48-6.006 Application - Required data. Each application shall show the following data: (1) The name(s) and addressees) of the applicant(s) and of the owner(s) of the ambulance(s) and the business or any interest therein; (2) The applicant's training and experience in the transportation and care of patients; (3) The name(s) under which the applicant has engaged, does, and/or proposes to engage in ambulance service; (4) A description of each ambulance, including the make, model, year of manufacture, motor and chassis numbers, current state license number, the length of time the ambulance has been in use; and the color scheme, insignia, name, monogram and other distinguishing characteristics of the ambulance(s); (5) That the applicant has obtained all li- censes and/or permits required by state laws or regulations for ambulances and ambulance operators; (6) That the applicant has or is making application for an ambulance compliance card for each ambulance listed in the application; (7) Evidence of such financial responsibility or insurance coverage as may be required by the permit officer in regulations issued by him; (8) Whether the applicant has or desires an ambulance service agreement with the county, and if so, the emergency response area list(s) the applicant would like to be placed on; *For county administrator as permit officer, see ~ 484.022, this code. 97 (Contra Costa County 5-81) 48-6.008-48-8.004 HEALTH AND SAFETY (9) All facts proving that the public health, safety, welfare, convenience and necessity require the granting of the permit as requested; and (10) Such other information as the permit officer reasonably deems necessary to a fair determination of compliance with this division. (Ord. 70-77 ~ 1 (part), 1970). 48-6.008 Applicant - Investigation. Upon receipt of a completed application and the required fee, the permit officer shall make or cause to be made such investigation as he deems necessary to determine if: (1) The public health, safety, welfare, convenience and necessity require the issuing of a permit; (2) The applicant is a responsible and proper person to conduct, operate or engage in this ambulance service; (3) The applicant meets the requirements of this division and of all other applicable laws, ordinances and regulations. (Ord. 70-77 ~ 1 (part), 1970). 48-6.010 Applicant Additional investigation. Where the application states that the applicant has or desires an ambulance service agreement with the county and desires to be placed on one or more emergency response area list(s) the permit officer shall make or cause to be made such additional investigation as he deems necessary to determine if: (1) A valid ambulance service agreement exists between the county and the applicant; and (2) The public health, safety, welfare, convenience and necessity require that the applicant be placed on the emergency response area list(s) requested. (Ord. 70-77 ~ 1 (part), 1970). 48-6.012 Issuance. The permit officer shall issue an ambulance service permit to the applicant if he determines that the requirements contained in Sections 48-6.008 and 48-6.010 (if applicable) have been satisfied and complied with. (Ord. 70-77 ~ 1 (part), 1970). 48-6.014 Term. Permits shall be valid for a period of one year, beginning on January 1 and ending on December 31, unless earlier suspended, revoked or terminated. (Ord. 70-77 ~ 1 (part), 1970). (Contra Coasta County 5 -81) 48-6.016 Temporary - When issued. The permit officer may issue a temporary permit for not over ninety days, pending completion of regular permit procedures. (Ord. 70-77 ~ 1 (part), 1970). 48-6.018 Application - Change of data. The applicant and permittee shall report to the permit officer any change in the data required in Section 48-6.006 within ten days of the effective date of the change, except that any change in the data required in Section 48-6.006 (1) and (5) shall be reported immediately. (Ord. 70-77 ~ 1 (part), 1970). 48-6.020 Termination. Any change of ownership of a permitted ambulance service terminates the permit. (Ord. 70-77 ~ 1 (part), 1970). 48-6.022 Limited number of pennits. Effec- tive on December 19, 1980, no more than one ambulance service permit shall be issued under this chapter for ambulance service in anyone emergency response area. (Ord. 80-93). Chapter 48-8 COMPLIANCE CARDS* Sections: 48-8.002 48-8.004 48-8.006 48-8.008 Required. App lica tion. Investigation. Inspection-'General requirements. Issuance. Term. Inspection -Day -Notice. 48-8.010 48-8.012 48-8.014 48-8.002 Required. Every ambulance shall carry a valid ambulance complian~e card. (Ord. 70-77 ~ 1 (part), 1970). 48-8.004 Application. Each application for an ambulance compliance card shall be made upon forms prescribed by the permit officer, and shall show: (1) The data required by Section 48-6.006 (1), (4), (10); and *For r~vocation or suspension provisions, See Ch. 48-14, this code. For renewal provisions, see S 48-8.004, this code. For fees, see Ch. 48-10, this code. 98 COMPLIANCE CARDS 48-8.006 (2) That the ambulance contains or. will contain a radio installed pursuant to a radio maintenance agreement with the county or a radio installed pursuant to regulations adopted by the permit officer. (Ord. 70-77 @ 1 (part), 1970). 48-8.006 Investigation. Upon receipt of a completed application and the required fee, the permit officer shall make or cause to be made such investigation as he deems necessary to determine if: (1) The ambulance is suitable for the transportation of patients from the standpoint of health, sanitation and safety; (2) The ambulance is maintained in suitable premises; (3) The ambulance and its required equipment conform with the standards, requirements and regulations of this division; (4) The ambulance is equipped with all safety and emergency equipment required for ambulances by the California Vehicle Code and the California Administrative Code as now written or amended hereafter; (5) The ambulance contains a radio installed pursuant to a radio maintenance agreement with the county or a radio installed pursuant to regulations adopted by the permit officer, and that the radio is in good working order; (6) The ambulance complies with all rules, regulations and requirements of the permit officer issued under this division. (Ord. 70-77 @ 1 (part), 1970). 98-1 (Contra Costa County 5-81) 48- 8.008 Inspection General requirements. Each ambulance, its equipment and the premises designated in the application and all records relating to its maintenance and operation shall be open to inspection during regular working hours by the permit officer or his designated representative. (Ord. 70-77 @ 1 (part), 1970). 48-8.010 Issuance. The permit officer shall issue an ambulance compliance card if he determines that the requirements contained in Section 48-8.006 have been satisfied and complied with. (Ord. 70-77 @ 1 (part), 1970). 48-8.012 Term. Ambulance compliance cards shall be valid for a period of one year, beginning on January 1 and ending on December 31, unless earlier suspended, revoked or terminated. (Ord. 70-77 @ 1 (part), 1970). 48-8.014 Inspection,- Day - Notice. (a) Annual Date: The permit officer may annually or as necessary schedule an inspection day durinK which ambulances may be brought to a place designated by him to be inspected to determine if they qualify for an ambulance compliance card. (b) Notice: The permit officer shall give notice of the time and place of the inspection at least fourteen days in advance by: (1) Mailing notice to all persons requesting notice, to all persons holding ambulance service permits, to all persons holding ambulance compliance cards; and (2) Posting in the lobby of the county administration building. (Ord. 70-77 @ 1 (part), 1970). Chapter 48-10 FEES Sections: 48-10.002 48-10.004 48-10.006 48-10.008 48-10.010 Annual permit. Temporary permit. Proration. Compliance card. Payment. FEES 48-8.008-48.1 0.004 48-10.002 Annual permit. A nonrefundable fee of one hundred dollars in the form prescribed by the permit officer shall accompany every application for an ambulance service permit. (Ord. 70-77 @ 1 (part), 1970). 48-10.004 Temporary permit. (a) Amount: A nonrefundable fee of twenty-five dollars in the form prescribed by the permit officer shall be required before the permit officer may issue a temporary ambulance service permit. (b) Credit: For the purposes of determining the fee required by Section 48-10.006, if a regular permit is issued it shall be deemed issued as of the date the temporary permit was issued and the permittee shall be entitled to a credit for 99 II 0 1 (Contra Costa County 7-80) Chapter 48-2 GENERAL PROVISIONS Sections: 48-2.002 48- 2. 004 48-2.006 Title. Purpose. Exemptions. 48-2.002 Title. This division shall be known as the "ambulance ordinance of Contra Costa County." (Ord. 70-77 ~ 1 (part), 1.970). 48-2.004 Purpose. The purposes of this division are to: (1) Enact formal policies and regulations for licensing and regulating the operation of ambulances; (2) Protect the public by assuring that ambulances operate safely; and (3) Assure that adequate ambulance services will be provided in all areas of the county. (Ord. 70-77 ~ 1 (part), 1970). 48-2.006 Exemptions. (a) This division shall not apply: (1) To vehicles operated as ambulances and to persons engaged in the ambulance service where ambulance services are rendered at the request of the county communications center or at the request of any public protection agency during any state of "local emergency," "local disaster," or "local peril," as defined in the Military and Veterans' Code, in state of "disaster" or "extreme emergency," as declared by the Governor; (2) To vehicles operated as ambulances and to persons engaged in the ambulance service where ambulance services are rendered exclusively to patients who become in need of ambulance service while on or in the place of business of the person and where no charge is made for the ambulance services rendered, provided however that if the vehicle is going to travel Code 3 or its equivalent, the county communications center shall be so notified of this fact. (b ) This division shall not prevent any peace officer, fireman, or physician licensed to practice medicine in this state, from arranging for the transportation of an individual in need of emergency medical care when no ambulance with a compliance card' is available and such transportation is required immediately for the GENERAL PROVISIONS 48- 2.002-48-4.010 preservation of life. (Ord. 70-77 ~ 1 (part), 1970). Chapter 48-4 DEFINITIONS Sections: 48-4.002 48-4.004 48-4.006 48-4.008 48-4.010 48-4.012 48-4.014 48-4.016 48-4.018 48-4.020 48-4.022 48-4.024 Generally. Ambulance. Ambulance service. Attendant. Driver. Emergency response areas. Emergency response area list. Health officer. Medical director. Patient. Permit officer. Sheriff. 48-4.002 Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this chapter. (Ord. 70-77 ~ 1 (part), 1970). 48-4.004 Ambulance. "Ambulance" means any privately owned vehicle specifically constructed, modified, equipped, or arranged and operated for ambulance service, and which responds or may respond to emergency calls in this county. (Ord. 70-77 ~ 1 (part), 1970). 48-4.006 Ambulance service. "Ambulance service" means the activity, business or service, for hire, profit, or otherwise, of transporting one or more patients by ambulance on or in any of the streets, roads, highways, alleys, or any public way or place in the unincorporated areas of this county. (Ord. 70-77 ~ 1 (part), 1970). 48-4.008 Attendant. "Attendant" means a trained and/or qualified individual who, regardless of whether he also serves as driver, is responsible for the care of ambulance patients and who has met all license and other requirements in applicable state laws and regulations. (Ord. 70-77 ~ 1 (part), 1970). 48-4.010 Driver. "Driver" means an individual who drives an ambulance and who has met all license and other requirements in 99 (Contra Costa County 9-15-77) 48-4.012-48-6.006 HEALTH AND SAFETY applicable state laws and regulations. (Ord. 70-77 ~ I (part), 1970). 48-4.012 Emergency response areas. "Emergency response areas" means the areas shown on the map entitled "Emergency Response Areas of Contra Costa County" on file in the office of the sheriff and the clerk of the board, and as it may be changed from time to time by the permit officer after public hearing. Notice of public hearing shall be given in accordance with Section 410-20.002(b). (Ord. 70-77 ~ I (part), 1970). 48-4.014 Emergency response area list. "Emergency response area list(s)" means that list of permittee(s) for each emergency response area who have entered into an ambulance service agreement with the county and who will be contacted by the county communications center in accordance with regulations adopted by the permit officer to respond to calls for emergency ambulance services which it receives. Copies of the emergency response area list(s) shall be kept on file in the offices of the sheriff and the clerk of the board. (Ord. 70-77 ~ 1 (part), 1970). 48-4.016 Health officer. "Health officer" means the county health officer, or other official designated by the board to perform his - functions under this division. (Ord. 70-77 ~ 1 (part), 1970). 48-4.018 Medical director. "Medical director" means the medical director of the Contra Costa County Hospital, or other official designated by the board to perform his functions under this division. (Ord. 70-77 ~ I (part), 1970). 48-4.020 Patient. "Patient" means a person who is ill, sick, injured, wounded, infirm, incapacitated, helpless or otherwise in need of ambulance service. (Ord. 70-77 ~ I (pm:t), 1970). 48-4.022 Permit officer.* "Permit officer" means the health officer. (Ord. 77-61: prior code ~ 48-1.320: Ord. 70-77 ~ 1 (part)). 48-4.024 Sheriff. ** "Sheriff" means the sheriff of this county. (Ord. 70-77 ~ I (part), 1970). *For county administrator, see Ch. 244, this code. **For sheriff, see Ch. 24-20, this code. (Contra Costa County 9-15-77) Chapter 48-6 PERMITS* Sections: 48-6.002 48-6.004 48-6.006 48-6.008 48-6.010 48-6.012 48-6.014 48-6.016 48-6.018 48-6.020 Required. Application-Forms. Application - Required data. Applican t - Investigation. Applicant-Additional investi- gation. Issuance. Term. Temporary-When issued. Application-Change of data. Termination. 48-6.002 Required. No person (either as owner, agent or otherwise) shall furnish, operate, conduct, maintain or otherwise engage in, or advertise, offer or profess to engage in the ambulance service unless he holds (and is entitled to hold) a currently valid ambulance service permit. (Ord. 70-77 ~ I (part), 1970). 48-6.004 Application Forms.** Each application for an ambulance service permit shall be made upon forms prescribed by the permit officer. (Ord. 70-77 ~ 1 (part), 1970). 48-6.006 Application - Required data. Each application shall show the following data: (1) The name(s) and addressees) of the applicant(s) and of the owner(s) of the ambulance(s) and the business or any interest therein; (2) The applicant's training and experience in the transportation and care of patients; (3) The name(s) under which the applicant has engaged, does, and/or proposes to engage in ambulance service; (4) A description of each ambulance, including the make, model, year of manufacture, motor and chassis numbers, current state license number, the length of time the ambulance has been in use; and the color scheme, insignia, name, monogram and other distinguishing characteristics of the ambulance(s); (5) That the applicant has obtained all licenses and/or permits required by state laws or *For revocation or suspension provisions, See Ch. 48-14, this code. For renewal provisions, see 11 48-18.004, this code. For fees, see Ch. 48-10, this code. **For county administrator as permit officer, see 11 484.022, this code. 100 regulations for ambulances and ambulance operators; (6) That the applicant has. or is making application for an ambulance compliance card for each ambulance listed in the application; (7) Evidence of such financial responsibility or insurance coverage as may be required by the permit officer in regulations issued by him; (8) Whether the applicant has or desires an ambulance service agreement with the county, and if so, the emergency response area list(s) the applicant would like to be placed on; (9) All facts proving that the public health, safety, welfare, convenience and necessity require the granting of the permit as requested; and (10) Such other information as the permit officer reasonably deems necessary to a fair determination of compliance with this division. (Ord. 7Q-77 ~ I (part), 1970). 48-6.008 Applicant - Investigation. Upon receipt of a completed application and the required fee, the permit officer shall make or cause to be made such investigation as he deems necessary to determine if: (I) The public health, safety, welfare, convenience and necessity require the issuing of a permit; (2) The applicant is a responsible and proper person to conduct, operate or engage in this ambulance service; (3) The applicant meets the requirements of this division and of all other applicable laws, ordinances and regulations. (Ord. 7Q- 77 ~ I (part), 1970), 48-6.0 10 Applicant Additional investigation. Where the application states that the applicant has or desires an ambulance service agreement with the county and desires to be placed on one or more emergency response area list(s) the permit officer shall make or cause to be made such additional investigation as he deems necessary to determine if: (I) A valid ambulance service agreement exists between the county and the applicant; and (2) The public health, safety, welfare, convenience and necessity require that the applicant be placed on the emergency response area list(s) requested. (Ord. 70-77 ~ I (part), 1970). COMPLIANCE CARDS 48-6.008-48-8.002 48-6.012 Issuance. The permit officer shall issue an ambulance service permit to the applicant if he determines that the requirements contained in Sections 48-6.008 and 48-6.010 (if applicable) have been satisfied and complied with. (Ord. 70-77 ~ I (part), 1970). 48-6.014 Term. Permits shall be valid fot a period of one year, beginning on January I and ending on December 31 , unless earlier suspended, revoked or terminated. (Ord. 70-77 ~ I (part), 1970). 48-6.016 Temporary - When issued. The permit officer may issue a temporary permit for not over ninety days, pending completion of regular permit procedures. (Ord. 70-77 ~ I (part), 1970). 48-6.018 Application - Change of data. The applicant and permittee shall report to the permit officer any change in the data required in Section 48-6.006 within ten days of the effective date of the change, except that any change in the data required in Section 48-6.006 (1) and (5) shall be reported immediately. (Ord. 7Q-77 ~ I (part), 1970). 48-6.020 Termination. Any change of ownership of a permitted ambulance service terminates the permit. (Ord. 70-77 ~ I (part), 1970). Chapter 48-8 COMPLIANCE CARDS* Sections: 48-8.002 48-8.004 48-8.006 48-8.008 Required. Application. Investigation. Inspection -General requirements. Issuance. Term. Inspection-Day -Notice. 48-8.010 48-8.012 48-8.014 48-8.002 Required. Every ambulance shall carry a valid ambulance compliance card. (Ord. 7Q- 77 ~ I (part), 1970). *For revocation or suspension provisions, See Ch. 48-14, this code. For renewal provisions, see ~ 48-8.004, this code. For fees, see Ch. 48-10, this code. 101 48-8.004-48-10.004 HEALTH AND SAFETY 48-8.004 Application. Each application for an ambulance compliance card shall be made upon forms prescribed by the permit officer, and shall show: (1) The data required by Section 418-6.006 (1), (4), (10); and (2) That the ambulance contains or will contain a,. radio installed pursuant to a radio maintenance agreement with the county or a radio installed pursuant to regulations adopted by the permit officer. (Ord. 70-77 ~ I (part), 1970). 48-8.006 Investigation. Upon receipt of a completed application and the required fee, the permit officer shall make or cuase to be made such investigation as he deems necessary to determine if: (I) The ambulance is suitable for the transportation of patients from the standpoint of health, sanitation and safety; (2) The ambulance is maintained in suitable premises; (3) The ambulance and its required equipment conform with the standards, requirements and regulations of this division; (4) The ambulance is equipped with all safety and emergency equipment required for ambulances by the California Vehicle Code and the California Administrative Code as now written or amended hereafter; (5) The ambulance contains a radio installed pursuant to a radio maintenance agreement with the county or a radio installed pursuant to regulations adopted by the permit officer, and that the radio is in good working order; (6) The ambulance complies with all rules, regulations and requirements of the permit officer issued under this division. (Ord. 70-77 ~ I (part), 1970). 48-8.008 Inspection General requirements. Each ambulance, its equipment and the premises designated in the application and all records relating to its maintenance and operation shall be open to inspection during regular working hours by the permit officer or his designated representative. (Ord. 70-77 ~ I (part), 1970). 48-8.010 Issuance. The permit officer shall issue an ambulance compliance card if he determines that the requirements contained in Section 48-8.006 have been satisfied and complied with. (Ord. 70-77 g I (part), 1970). 48-8.012 Term. Ambulance compliance cards shall be valid for a period of one year, beginning on January I and ending on December 31, unless earlier suspended, revoked or terminated. (Ord. 70-77 g I (part), 1970). 48-8.014 Inspection - Day - Notice. (a) Annual Date: The permit officer may annually or as necessary schedule an inspection day during which ambulances may be brought to a place designated by him to be inspected to determine if they qualify for an ambulance compliance card. (b) Notice: The permit officer shall give notice of the time and place of the inspection at least fourteen days in advance by: (I) Mailing notice to all persons requesting notice, to all persons holding ambulance service permits, to all persons holding ambulance compliance cards; and (2) Posting in the lobby of the county administration building. (Ord. 70-77 g I (part), 1970). Chapter 48-10 FEES Sections: 48-10.002 48-10.004 48-10.006 48-10.008 48-10.010 Annual permit. Temporary permit. Proration. Compliance card. Payment. 48-10.002 Annual permit. A nonrefundable fee of one hundred dollars in the form prescribed by the permit officer shall accompany every application for an ambulance service permit. (Ord. 70-77 g I (part), 1970). 48-10.004 Temporary permit. (a) Amount: A nonrefundable fee of twenty-five dollars in the form prescribed by the permit officer . shall be required before the permit officer may issue a temporary ambulance service permit. (b) Credit: For the purposes of determining the fee required by Section 48-10.006, if a regular permit is issued it shall be deemed issued as of the date the temporary permit was issued and the permittee shall be entitled to a credit for 102 DRIVER AND ATIENDANT STANDARDS the amount of the temporary permit fee paid. (Ord. 70-77 @ 1 (part), 1970). . 48-10.006 Proration. When an initial permit is issued the permit fee shall be prorated as follows: (1) Full fee if issued in January, February or March; (2) Three-quarters of the annual fee if issued in April, Mayor June; (3) One-half of the annual fee if issued in July, August or September; and (4) One-quarter of the annual fee if issued in October, November, or December. (Ord. 70-77 @ 1 (part), 1970). 48-10.008 Compliance card. A nonrefundable fee of ten dollars in the form prescribed by the permit officer shall accompany an application for an ambulance compliance card. (Ord. 70-77 @ 1 (part), 1970). 48-10.010 Payment.* The fees required by this chapter shall be paid directly to the tax collector, whose receipt shall be presented to the permit officer for examination at the time application for a permit or card is made. (Ord. 70-77 ~ 1 (part), 1970). Chapter 48-12 DRIVER AND ATTENDANT STANDARDS Sections: 48-12.002 48-12; 004 Good moral character required. Physical examination requirements. Age restrictions. Uniform and appearance. Training requirements. Additional moral standards. 48-12.006 48-12.008 48-12.010 48-12.012 48-12.002 Good moral character required. Each person providing ambulance services subject to permit under this division shall employ only drivers and attendants of good moral character. (Ord. 70-77 @ 1 (part), 1970). 48-12.004 Ph y sical examination requirements. Each person providing ambulance *For tax collector, see Ch. 24-10, this code. 48-10.006-48-12.010 services subject to permit under this division shall employ and retain in employment only those drivers and attendants who within the past two years have been certified by a duly licensed physician (on a form provided by the permit officer) to be of sound physique, possessing eyesight corrected to at least 20/40 in the better eye, free of physical defects or diseases which might impair his ability to drive or attend an ambulance, and who meet the requirements of this division and such other requirements as may be prescribed by the permit officer to assure compliance with the division. The completed form shall be deposited with the permit officer within thirty days following the employee's date of employment or within two years of last physical examination. (Ords. 77-77, 70-77: prior code S 48-1.1104). 48-12.006 Age restrictions. Each person providing ambulance services subject to permit under this division shall staff each ambulance with a driver and an attendant, at least eighteen years old. (Ords. 78-6, 70-77). 48.12.008 Uniform and appearance. Each person providing ambulance services subject to permit under this division shall staff each ambulance with a driver and an attendant, both of whom shall wear clean uniforms, be neat and clean and comply with the requirements of this division and such other requirements as may be prescribed by the permit officer to assure compliance with this division. (Ord. 70-77 S I (part), 1970). 48-12.010 Training requirements. (a) Minimum Training. Each person subject to permit under this division shall employ only drivers and attendants who have met all license and other requirements in applicable state laws and regulations, and who have completed such additional training as may be prescribed by the permit officer in regulations adopted by him. (b) Exception - Doctors. The attendant need not comply with the training requirements of this section if he is a physician licensed to practice medicine in this state. (c) Exception - Additional Attendant(s). Where an ambulance contains two or more attendants (in addition to the driver) the permit officer, by regulation, may exempt the additional attendants from some or all training requirements. (Ord. 70-77 S 1 (part), 1970). 103 (Contra Costa County 9-15-79} 48-12.012-48-16.004 HEALTH AND SAFETY 48-12.012 Additional moral standards. No . person providing ambulance services subject to permit under this division shall employ, retain in employment or use any person as a driver or attendant of an ambulance who: (1) Is required to register under Penal Code, Section 290; (2) Has been convicted of any felony or theft; (3) Has committed any act involving moral turpitude; (4) Has (if such person serves or may serve as driver) a record of conviction(s) for the illegal operation of motor vehicles and/or ambulance(s) affecting their safe operation, which record would constitute a prima facie presumption that such person is a negligent operator of a motor vehicle pursuant to Vehicle Code Section 12810; (5) Has violated any of the provisions of this division or has violated any of the regulations promulgated by the permit officer hereunder after receiving written notice from the permit officer to cease and desist. (Ord. 70-77 ~ 1 (part), 1970). Chapter 48-14 PERMIT AND CARD SUSPENSION OR REVOCATION Sections: 48-14.002 48-14.004 48-14.006 48-14.008 48-14.010 Authority. Notice issuance. Hearing. Decision. Emergency action. 48-14.002 Authority. The permit officer may suspend or revoke an ambulance service permit or ambulance compliance card for failure to comply with and maintain compliance with, or for violation of, any applicable provisions, standards or requirements of this division, or of regulations promulgated hereunder by the permit officer. (Ord. 70-77 ~ 1 (part), 1970). 48-14.004 Notice issuance. Before such suspension or revocation, the permit officer shall give written notice to tl..e holder specifying why such action is being contemplated and giving the holder a reasonable period of time (not over fifteen days) to comply with the provisions of this division and of the regulations promulgated (Contra Costa County 9-15-79) hereunder and/or to show cause against suspension or revocation and setting a date for hearing thereon. (Ord. 70-77 ~ 1 (part), 1970). 48-14.006 Hearing. At the hearing the holder may present evidence as to why such action should not be taken and to answer the evidence against him. (Ord. 70-77 ~ 1 (part), 1970). 48-14.008 Decision. The permit officer shall issue his written decision within thirty days after conclusion of the hearing. (Ord. 70-77 ~ I (part), 1970). 48-14.010 Emergency action. The permit officer may immediately suspend or revoke any permit or card when he makes a written finding of fact(s) requiring such action to protect the public health and safety and welfare; but he shall immediately so notify the person(s) involved pursuant to Section 48-14.004 who shall then have a right to hearing pursuant to Section 48-14.006 on the reinstatement of the permit or card. (Ord. 70-77 ~ 1 (part), 1970). Chapter 48-16 EMERGENCY RESPONSE Sections: 48-16.002 48-16.004 48-16.006 General requirements. Change of area map. Preparation of area lists. 48-16.002 General requirements. When responding to an emergency call and/or operating "Code 3" or its equivalent, the ambulance driver shall see that the radio is activated; shall notify the county communications center that he is responding to an emergency call and/or operating "Code 3" or its equivalent; shall notify the county communications center of his destination; and shall comply with all orders and directions given by the county communications center. (Ord. 70-77 ~ 1 (part), 1970). 48-16.004 Change of area map. The effective date of any changes of the boundaries of the ambulance service areas as contained in the map entitled "emergency response areas of Contra Costa County" shall be the thiitieth day 104 MISCELLANEOUS PROVISIONS after the date of the change. (Ord. 79-44: prior code S 48-1.1702; Ord. 70-77 S 1 (part), 1970). 48-16.006 Preparation of area lists. The permit officer shall prepare and keep up to date the emergency response area lists. The permit officer shall include on the list(s) those persons complying with the requirements of Section 48-6.010. (Ord. 70-77~ 1 (part), 1970). Chapter 48-18 MISCELLANEOUS PROVISIONS Sections: 48-18. 002 48-18.004 Dispatching. Renewal of permits and compliance cards. 48-18.002 Dispatching. (a) Ambulance Available: Upon receiving a call for an ambulance the permittee shall immediately dispatch an ambulance to the address or place given and the ambulance dispatched shall immediately start a direct run to that address or place and shall complete that run unless directed otherwise by the county communications center, or unles.s diverted to respond to an emergency. (b) Ambulance Unavailable: Upon receiving a call for an ambulance and having no ambulance available to immediately make a direct run to the address or place given, the permittee shall immediately notify the caller of this fact, and if the caller cannot be so notified, the permittee shall immediately notify the county communications center. (c) Ambulance Diverted: If an ambulance is directed to make a direct run to an address or place and is thereafter diverted for any reason, the permittee shall immediately notify the caller of this fact, and if the caller cannot be so notified, the permittee shall notify the county communications center. (Ord. 70-77 ~ I (part), 1970). 48-18.004 Renewal of permits and compliance cards. Renewal of an ambulance service permit or an ambulance compliance card shall require conformance with all requirements of this division as upon issuance of an original permit or card. (Ord. 70-77 ~ I (part), 1970). 48-16.006-48-20.006 Chapter 48-20 ENFORCEMENT Sections: 48-20.002 48-20.004 48-20.006 Authority. Investigations. Violations prohibited. 48-20.002 Authority. (a) Adoption: The permit officer, after consultation with, and pursuant to the recommendations of the county emergency medical care committee, and after public hearing, shall adopt and enforce such reasonable regulations as he determines are necessary for the public health and safety regarding the operation of ambulances and to effectuate the provisions of this division. (b) Notice: The permit officer shall give notice of the time and place of the public hearing at least fourteen days in advance by: (I) Mailing notice to all persons requesting notice, to all persons holding ambulance service permits, to all persons holding ambulance compliance cards; and (2) Posting in the lobby of the county administration building. (Ord. 70-77 ~ I (part), 1970). 48-20.004 Investigations. (a) Scope: Whenever in this division the permit officer is required to make, or cause to be made, such investigation as he deems necessary to determine if certain fact(s) or condltion(s) exist, he may accept a written statement by an appropriate county officer or an appropriate officer of the state of California as prima facie evidence that such fact(s) or condition(s) do or do not exist. (b) Time: Whenever in this division the permit officer is required to make, or cause to be made an investigation with regard to an application for an ambulance service permit, ambulance compliance card or to be placed on an emergency response area list he shall complete his investigation and either approve or deny the application, in whole or in part, within sixty days of the date of application. (Ord. 70-77 ~ I (part), 1970). 48-20.006 Violations prohibited. No person shall do anything forbidden by this division or regulations issued hereunder, nor do anything regulated thereunder in a way contrary to such regulation. (Ord. 70-77 ~ I (part), 1970). 105 (Contra Costa County 9-15-79) 410-2.002-410-2.010 HEALTH AND SAFETY Division 410 WATER SAFETY Chapters: 410-2 410-4 410-6 410-8 General Provisions Speed Zones Restrictions Violations Chapter 410-2 GENERAL PROVlSIONS* Sections: 410-2.002 410-2.004 410- 2.006 410-2.008 410-2.010 Applicability. DefInitions. Owner responsibility. Establishment of marked areas. Water shows and boat races exempt. 410-2.002 Applicability. Subject to federal and state statutes and regulations, this division applies to and governs all public waters in this county, including lakes and rivers or portions of them, over which this county has police power jurisdiction exclusively and/or concurrently with the United States and/or the state of California. (Ord. 69-50 ~ 1 (part), 1969). 410- 2.004 Definitions. Unless the context otherwise requires, the words and phrases used in this division have the meanings gi'.'~n them in. *I'or the constitutional grant of power to any county to make and enforce within its limits all such local, police and other regulations as are not in conflict with the general laws, see CALIF. CaNST. art. 11 ~ 7. For the constitutional provision for unobstructed public access to navigable waters, see CALIF. CaNST. art. 15 !l 2. For the statutory regulation of the operation and equipment of vessels on the waters of the state, see Harb. & N. C. ~ 650 ff. For the statutory authority of cJunties to adopt local regulations for vessels generally but for undocumented vessels only regarding time of day restrictions, speed zones, special use areas and sanitation and pollution cJntrol, see Harb. & N. C. !l660. For the provisions vesting the supervision of sanitation, healthfulness and safety of the public b~aches and public water-contact sports areas of the ocean v. aters and bays of the state in the State Department of Public Health, see Health & Saf. C !l 24155 ff. For the statutory regulation of the driving of motor vehicles on canal watercourse banks, see Veh. C. ~ 21116. For the statutory limitation of a public entity's liability for the condition of any unpaved road providing access water sports, see Gov. C. ~ 831.4. For the statutory provision prohibiting the littering of waters within the state, see Pen. C. !l 374e. (Contra Costa County 9-15-79) Chapter 5 of Division 3 (Sections 650 ff) of the California Harbors and Navigation Code. "Aquaplane" means any device, including skis, used to move one or more persons on the surface of the water and pulled or towed by any vessel, vehicle, or other motive power. (Ord. 69-50 ~ 1 (part), 1969). 410-2.006 Owner responsibility. No person owning, possessing, or in charge of any vessel shall knowingly permit the vessel to be operated in violation of this division. (Ord. 69-50 ~ 1 (part), 1969). 410-2.008 Establishment of marked areas.* The board of supervisors by resolution as to waters under its jurisdiction, and/or the authorized representative of any other public agency as to water under its jurisdiction, may designate and cause to be appropriately marked boat launching areas, areas designed exclusively for swimming, areas where swimming is prohibited, areas where boats are prohibited, areas of restricted speed or "slow areas," and other boating and personnel control signs and devices, and may change these designations from time to time as the public safety and welfare may require. No person shall fail to comply with these designations when so marked. (Ord. 69-50 ~ 1 (part), 1969). 410-2.010 Water shows and boat races exempt. This division does not prohibit or restrict the operation of any vessel, aquaplane, or water skier actually participating in a water show, race or regatta, previously authorized in writing and actively supervised by a public agency or its duly authorized agent having jurisdiction over the waters involved. (Ord. 69-50 ~ 1 (part), 1969). Chapter 410-4 SPEED ZONES** Sections: 410-4.002 410-4.004 410-4.006 Speed designated. Slow area. Near swimmers. *For the statutorY provision regarding uniform navigational markings, see Harb. & N. C. ~ 659. . **For the statutory authority to establish speed zones, see Harb. & N. C. ~ 660. 106 410-4.008 410-4.010 410-4.012 410-4.014 Near vessels sixteen feet or under. Near swimming floats. Near docks or wharves. Near vessels engaged in rescue operations. 410-4.002 Speed designated. The areas designated in this chapter are speed zones in which no person shall operate any vessel, or permit it to be operated, at a speed in excess of five nautical miles per hour. (Ord. 69-50 S I (part), 1969). 410-4.004 Slow area. Any area designated as a "slow area" by resolution of the board of supervisors is a speed zone. (Ord. 69-50 ~ I (part), 1969). 410-4.006 Near swimmers. The area within one hundred feet of any person who is bathing or swimming is a speed zone. (Ord. 69-50 ~ 1 (part), 1969). 410-4.008 Near vessels sixteen feet or under. The area within one hundred feet of any vessel sixteen feet in length or smaller likely to be seriously endangered by the wake of the passing vessel is a speed zone. (Ord. 69-50 S I (part), 1969). 410-4.010 Near swimming floats. The area within two hundred feet of any swimming float or diving platform, except special floats used for water skiing, is a speed zone. Special skiing floats shall be clearly marked and permits issued for their establishment, and the area of their use shall be designated by the appropriate authority. (Ord. 69-50 ~ I (part), 1969). 410-4.012 Near docks or wharves. The area within two hundred feet of any legal dock, wharf, dam, way or landing float to which vessels are landed or made fast or which is used for the embarkation or discharge of passengers as approved by U.S. Army Engineers is a speed zone. (Ord. 69-50 ~ I (part), 1969). 410-4.014 Near vessels engaged in rescue operations. The area within two hundred feet of: (I) Any marked vessel engaged in rescue operations or dragging for bodies or property; or (2) Any vessel attempting to overhaul or board another vessel involved in any violation of RESTRICTIONS 410-4.002-410-6.008 this division or of any other law; or (3) Any vessel engaged in fire fighting is a speed zone. (Ord. 69-50 ~ I (part), 1969). Chapter 410-6 RESTRICTIONS* Sections: 410-6.002 410-6.004 410-6.006 Where swimming is prohibited. Near marked swimming areas. Near dam or in "no boating" areas. Motorboats on small lakes. Overloading vessels. Discharge of firearms. Night aquaplaning and water skiing. Operation of vessel by passengers. 410-6.008 410-6.010 410-6.012 410-6.014 410-6.016 410-6.002 Where swimming is prohibited. No person shall swim in any area designated as a "no swimming" area, or outside the boundaries of a marked swimming area, or in a location or in a manner likely to create a condition hazardous to himself or to any other person or object. (Ord. 69-50 ~ I (part), 1969). 410-6.004 Near marked swimming areas. No person shall operate any vessel, or ride, pull or tow any aquaplane or water skis, within any designated swimming area or within twenty feet of the exterior boundaries thereof. (Ord. 69-50 ~ I (part), 1969). 410-6.006 Near dam or in "no boating" areas. No person shall operate any vessel within five hundred feet of any dam owned or operated by a public agency, or within any area designated as a "no boating" area by the appropriate regulatory agency, where signs have been erected giving- notice of the prohibition. (Ord. 69-50 ~ I (part), 1969). 410-6.008 Motorboats on small lakes. No person shall operate a motorboat on a lake containing less than three hundred surface acres *For statutory authority to establish special use zones and time of day restrictions, see Harb. & N. C. ~ 660. For statutory provisions regarding the designation of a boat's capacity, see Harb. & N. C. ~ 653. For the statutory regulation of vessels on state waters, see Harb. & N. C. 5650 ff. . 107 (Contra Costa County 9-15-78) 410-6.010-410-8.002 HEALTH AND SAFETY where signs have been erected at intervals of not over one-quarter mile around the lake giving notice of the prohibition. (Ord. 69-50 ~ 1 (part), 1969). 410-6.010 Overloading vessels. No person shall load or operate any vessel with passengers or cargo in excess of its safe carrying capacity. A violation of the following standard constitutes prima facie evidence of a violation of this section. The maximum safe carrying capacity, in pounds, of any rowboat or outboard motorboat, except racing models, is seven and one-half times the product of the length, width and depth (draft plus freeboard) in feet. (Ord. 69-50 S 1 (part), 1969). 410-6.012 Discharge of firearms. No person shall shoot any firearm, or gun operated by spring or compressed gas, from any vessel or across or over any portion of any navigable body of water; but this does not prohibit the otherwise lawful shooting of a shotgun to kill waterfowl. (Ord. 69-50 ~ 1 (part), 1969). 410-6.014 Night aquaplaning and water skiing. No person shall operate a vessel, vehicle or other motive power which is pulling or towing any aquaplane or water skier, nor shall any person ride any aquaplane or water skis, between sunset and the following sunrise. (Ord. 69-50 ~ 1 (part), 1969). 410-6.016 Operation of vessel by passengers. No person shall operate, or permit the operation of, any vessel while anyone is anywhere thereon not designed or intended for use by passengers, nor shall anyone ride in such a manner. (Ord. 69-50 ~ 1 (part), 1969). Chapter 410-8 VIOLATIONS* Sections: 410-8.002 Generally. 410-8.002 Generally. When any person is arrested for a violation of this division, the provisions of Harbors and Navigation Code *For the statutory provisions regarding enforcement of state statutes regarding the operation and equipment of vessels, see Harb. & N. C. !l663 ff. (Contra Costa County 9-15-78) Sections 664 ff. shall apply. (Ord. 69-50 S 1 (part), 1969). Division 413 PUBLIC HEALTH LICENSES AND FEES Chapters: 413-3 Public Health Licenses and Fees Chapter 413-3 PUBLIC HEALTH LICENSES AND FEES Article 413-3.2 General Provisions Sections: 413-3.204 Purpose and authority. 413-3.206 Area of application. Article 413-3.4 Definitions Sections: 413-3.402 413-3.404 413-3.406 413-3.408 413-3.409 413-3.410 413-3.412 413~3.413 413-3.414 413-3.415 Article 413-3.6 Sections: 413-3.602 413-3.604 413-3.606 General. Activity. Area of application. Health officer. Incidental confectionery. License year. Retail food vehicle. Small water system. Vending machine business. Septic tank-chemical toilet cleaner. License Requirements Public health license required. Licensable activities. Other licenses and require- ments. 413-3.608 Term. 413-3.610 Separate activities. 413-3.612 License display. 413-3.614 Vending machine operators. Article 413-3.8 Issuance of Licenses Sections: 413-3.802 413-3.804 413-3.806 413-3.808 413-3.810 108 Application. License content. Additional identification. Notify health officer. Renewal licenses. PUBLIC HEALTH LICENSES AND FEES 413-3.812 Lost licenses and replacement vehicles. 413-3.814 Refunds. 413-3.816 Temporary licenses. Article 413-3.3.10 Exemptions Sections: 413-3.1002 Blind. 413-3.1 004 Charitable or tax-supported institutions. 413-3.1006 Delivery vehicles. Article 413-3.12 License Fees Sections: 413-3.1202 Square footage. 413-3.1204 Temporary license fees. 413-3.1206 Delinquency, penalty and waiver. 413-3.1208 Plans and inspection deposits. 413-3.1210 Prorating fees. 413-3.1212 Bakery. 413-3.1214 Food processing establish- ment. 41 3-3.1216 Wholesale food market. 413-3.1218 Retail food production and marketing establishment. 413-3.1220 Restaurants, taverns, cocktail lounges, snack bars. 413-3.1222 Itinerant restaurant. 413-3.1224 Vehicles and peddlers. 413-3.1226 Roadside stand. 413-3.1228 Food vending machine. 413-3.1230 Food salvager. 413-3.1232 Food demonstrator. 413-3.1234 Ice plant. 413-3.1236 Public swimming pool. 413-3.1238 Wiping rag business. 413-3.1240 Small water system. 413-3.1242 Incidental confectionery. 413-3.1244 Septic tank-chemical toilet clean er. Article 413-3.14 Enforcement Sections: 413-3.1402 General. 413-3.1404 Administration and regulation 413-3.1406 Temporary suspension. 413-3.1408 Emergency suspension. 413-3.1410 Revocation. 413-3.1412 Hearings. 413-3.1414 Appeals. Article 413-3.2 General Provisions 413-3.204 Purpose and authority. Pursuant to Health and Safety Code Section 510, the board determines: 413-3.204-413-3.409 (1) That the expenses of the health officer, in the enforcement of statutes, orders, quarantines, embargoes, rilles and regillations, prescribed by state officers and departments relating to public health, are not met by any fees prescribed by the state; and (2) That the fees prescribed herein will help pay the health officer's reasonable expenses incurred in such enforcement. (Ord. 74-1 ~ I (part), 1974). 413-3.206 Area of application. Licenses required by this chapter shall be required of every activity described herein, within the unincorporated area of the county and within any city in which the county health officer enforces any state statute, order, quarantine, embargo, rille or regulation relating to public health. (Ord. 74-1 ~ 1 (part), 1974). Article 413-3.4 Definitions 413-3.402 General. (a) Unless otherwise specifically provided, or required by the context, the following terms have the following indicated meanings in this chapter. (b) Terms not defined herein but defined in the California Health and Safety Code have the meanings given in that code. (Ord. 74-1 ~ I (part),1974). 413-3.404 Activity. "Activity" means every business, occupation, operation, activity, machine, vehicle or object engaged in or used for the purposes and things regillated hereunder. (Ord. 74-1 ~ 1 (part), 1974). 413-3.406 Area of application. "Area of application" means the geographical area described in Section 413-3.206. (Ord. 74-1 ~ 1 (part), 1974). 413-3.408 Health officer. "Health officer" means the county (city) health officer, his medical deputies, and his duly authorized subordinates. (Ord. 74-1 ~ 1 (part), 1974). 413-3.409 Incidental confectionery. "Incidental confectionery" means activity incidental to the main nonfood business operations (e.g., department, drug, variety or bait stores), for the sale of candy, gum, peanuts or similar confectionery and food or beverage, 109 (Contra Costa County 11.81) 413-3.410-413-3.614 HEALTH AND SAFETY with less than three hundred fifty dollars retail value of food in stock. (Ord. 74-79 ~ 1). 413-3.410 License year. "License year" means March 1st through February 28th (29th). (Ord. 74-1 ~ 1 (part), 1974). 413-3.412 Retail food vehicle. "Retail food vehicle" means any vehicle designed or used or intended to be used by or for anyone or more of the following persons and/or uses: bakery dis- tributor, fish peddler, food salvage distributor, fruit and/or vegetable distributor, grocery dis- tributor, industrial catering, mobile food prepar- ation unit, and itinerant restaurant. It includes any vehicle from which animal food, bakery prod- ucts, fish, shellfish, seafood, fruits, 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 distributed to the consumer, (Ord. 74-1 ~ 1 (part), 1974). 413-3.413 Small water system. "Small water system" means a utility system which fur- nishes water for domestic purposes to from two through one hundred ninety-nine service connec- tions inclusive and includes "Public Water Sys- tems" as defined in California Health and Safety Code Section 4010.1 and its applicable regula- tions under Title 22 of the California Adminis- trative Code. (Ords. 81-56 ~ 2, 74~79 ~ 2: H.&S.C. ~~ 4010 ff). 413-3 .414 Vending machine business. "Vending machine business" means the activity of selling food or drink by vending machine(s), regardless of the number of machines or locations. (Ord. 74-1 ~ 1 (part), 1974). 413-3.415 Septic tank-chemical toilet cleaner. "Septic tank-chemical toilet cleaner" means a person engaged in the business of cleaning septic tanks, individual sewage systems, holding tanks, pit privy, cesspools or seepage pits, or of providing or cleaning chemical toilets. (Ord. 78-43 ~ 1). Article 413-3.6 License Requirements 413-3.602 Public health license required. No person shall conduct, operate or engage in any activity or object listed in Section 413-3.604, within the area of application, without having a valid, unrevoked, unsuspended (Contra Costa County 11-81) public health license therefor. (Ord. 74-1 ~ 1 (part), 1974). 413-3.604 Licensable activities. The following must be licensed hereunder: Restaurants, retail food markets, wholesale food markets, food processing establishments, roadside stands, food salvagers, ice plants, peddlers, itinerant restaurants, bakeries, retail food vehicles, food vending machine businesses, public swimming pools, wiping rag businesses, small water systems, and septic tank-chemical toilet cleaners. (Ord. 78-43 ~ 1: Ords. 74-79 ~ 3, 74-1). 413-3.606 Other licenses and requirements. Licenses required by this chapter are in addition to any other license or permit required within the area of application, and do not exempt any person, operation or premises from sanitary requirements enforced by the health officer. (Ord. 74-1 ~ 1 (part), 1974). 413-3.608 Term. Licenses shall be for not more than one year. None is valid after midnight on February 28th (29th) after its date of effectiveness. (Ord.74-1 ~ 1 (part), 1974). 413-3.610 Separate activities. If a person engages in, conducts, manages or carries on, at the same time, more than one licensable activity or object, each such activity or object shall be considered as separate and distin.ct from the other(s), whether located on the same premises or not. (Ord. 74-1 ~ 1 (part), 1974). 413-3.612 License display. (a) Exhibition on Request. Every person required to have a license hereunder shall show it on request by the health officer. (b) Fixed Place of Business. Every such person with a fixed location of such activity shall keep such license conspicuously posted therein. (c) Itinerant and Vehicle. Every such person without a fixed place of such activity shall carry such license with him at all times while so engaged; and the operator of every retail food vehicle shall keep its license in it while it is so used. (Ord. 74-1 ~ 1 (part), 1974). 413-3.614 Vending machine operators. (a) Identification Plate. Each food or drink vending machine shall have conspicuously affixed 110 PUBLIC HEALTH LICENSES AND FEES 413-3.614 thereon a durable identification plate, setting forth its model number or symbol and its individual identifying serial number. (b) Identification Decal. Each such machine shall have similarly affixed a decal or other identification, if furnished by the tax collector, indicating that the required health license fee has been paid for the current license year. (c) List of Machines. The operator of a food or drink vending machine activity shall maintain in its principal place of business in this county a current record or list by serial number of every such machine and its location within the area of application. (d) Annual Report. On or before December 110-1 (Contra Costa County 9-15-78) PUBLIC HEALTH LICENSES AND FEES 1 st of each year, such operator of a food or drink vending machine business shall give the tax collector a list of the addresses at which his licensable machines are located, which he intends to license for the following license year. (Ord. 74-1 S 1 (part), 1974). Article 413-3.8 Issuance of Licenses 413-3.802 Application. Every person owning, conducting or operating any activity for which a license is required hereunder shall apply for a license to the health officer, on a form provided by him. If the health officer approves the application, he shall so indicate to the tax collector, to whom the applicant shall then pay the required fee and penalty, if any. The tax collector shall issue a public health license when these requirements have been met. Temporary licenses are governed by Section 413-3.816. (Ord. 74-1 S 1 (part), 1974). 413-3.804 License content. Every public health license shall contain the following information: (1) Name and address of the licensee; (2) Nature and location of the licensed activity or object; (3) If issued for a retail food vehicle, the vehicle identification number or license number; (4) Date of issuance, and statement of its period of validity or of its invalidity after February 28th (29th) or other specified date; (5) Statement that it is not transferable between persons, vehicles, objects or places; and (6) Statement that it is conditioned on compliance with all applicable laws and regulations. (Ord. 74-1 S 1 (part), 1974). 413-3.806 Additional identification. The tax collector, when required or when he deems it necessary hereunder, shall issue with any license further identification in the form of a license plate, decal or gummed sticker to be conspicuously displayed. (Ord. 74-1 S 1 (part), 1974). 413-3.808 Notify health officer. Within three working days after the initial issuance of a license, the tax collector shall give the health officer a copy. (Ord. 74-1 S I (part), 1974). 413-3.810 Renewal licenses. (a) Issuance. 413-3.802-413.3.1002 On or before every January 31 st, the tax collector may send to each person who obtained a license during the license year a bill (invoice) for the appropriate license fee for the following year. He shall promptly send the licensee a fee-receipted license when the fee is paid. This "receipt" is merely the "fee-paid" copy of the license. (b) Effective Date and Display. No such license is valid or issuable until the required license fee is received by the tax collector, including penalty unless the fee is received or postmarked before the effective (delinquency) date. The licensee shall display the fee-receipted license, or shall make it available for objects or machines. ( c) Report on Renewals. On every April 1 st, or as soon as practicable thereafter, the tax collector shall notify the health officer of the names of those persons who have, and who have not, renewed their licenses. (Ord. 74-1 S 1 (part), 1974). 413-3.812 Lost licenses and replacement vehicles. The tax collector, upon receiving a fee of ten dollars, may issue a new license to a licensee who shows that his license has been lost or stolen, or who owns or operates a retail food vehicle which replaces a formerly licensed vehicle. (Ord. 74-1 S 1 (part), 1974). 413-3.814 Refunds. The auditor shall refund to a licensee all moneys erroneously collected if the licensee files a proper claim demonstrating this to the auditor. (Ord. 74-1 S 1 (part), 1974). 413-3.816 Temporary licenses. The health . officer may issue a nonrenewable temporary license for activities or objects licensable hereunder for a period of not over thirty-one consecutive calendar days in any license year. The application and other matters regulated by this article shall be conformable herewith, except that the health officer shall administer them and may regulate and prescribe forms therefor conformable herewith. (Ord. 74-1 S 1 (part), 1974). Article 413-3.10 Exemptions 413-3.1002 Blind. The tax collector shall issue without fee but on application, a license to III (Contra Costa County ~-15-79) 413-3.1004-413-3.1208 HEALTH AND SAFETY any blind person (having not more than ten percent visual acuity in the better eye without correction) who otherwise would be entitled to such license, and who files with his application a certificate signed by a licensed physician or by the State Bureau of Vocational Rehabilitation that he is a blind person. (Ord. 74-1 ~ 1 (part), 1974). 413-3.1004 Charitable or tax-supported institutions. The tax collector shall issue, without fee, but on application approved by the health officer, a license to any person which conducts a licensable activity exclusively for religious or charitable purposes if at least seventy-five percent of the net proceeds from such activity inures directly to the benefit of such purposes, and to any tax-supported person. (Ord. 74-1 ~ 1 (part), 1974). 413-3.1006 Delivery vehicles. Vehicles used by a fixed-location food market or restaurant licensed hereunder to deliver food products therefrom need not be separately licensed. (Ord. 74-1 ~ 1 (part), 1974). Article 413-3.12 License Fees 413-3.1202 Square footage. Where license fees are based on square footage, this refers to the area occupied by, attendant to and in support of the licensable activity or object. (Ord. 74-1 ~ 1 (part), 1974). 413-3.1204 Temporary license fees. Temporary license fees are equal to the annual fee, or, in the case of proratable fees, are prorated under Section 413-3.1210. (Ords. 74-79 ~ 4, 74-1). 413 - 3 .1206 Delinquency, penalty and waiver. (a) If any fee required by this chapter is not paid before the delinquency date, it shall be increased by twenty-five percent. The delinquency date is: In the case of initial applications, the thirty-second calendar day after commencement of the activity; in the case of license renewals, March 1 st; and in the case of temporary licenses, the second day after commencement of the activity in question. (b) With concurrence by the health officer, the tax collector may waive any pen~ty incurred without substantial fault by the (Contra Costa County 3-15-79) applicant or licensee and without substantial lessor damage to the county or city. (Ords. 74-79 ~ 5, 74-1). 413-3.1208 Plans and inspection deposits. (a) Deposit Required. The health officer shall collect a nontransferable deposit equal to three times the annual fee, for checking plans and inspecting construction or remodeling, for licensable activities other than vehicles and vending machines. (b) Charge, Refund etc. Actual costs shall be charged against the deposit at an hourly rate(s) to be established annually before November 30th by the auditor-controller, plus an administrative fee of twenty-five percent of the deposit. If the deposit is exhausted before final approval by the health officer, or if the balance is not sufficient to cover anticipated remaining costs, the health officer shall collect from the applicant an additional deposit equal to three times the annual fee (or such lesser amount as the health officer deems adequate) to cover said costs before any further review or inspection is made. Failure to pay the additional deposit within ten days following receipt of written notification shall void all prior approvals, and any further construction or activity shall be deemed unlawful. If the deposit is not exhausted, upon final approval by the health officer, the balance shall be refunded to the depositor. (c) Time Limit. A plans approval is valid for only six months unless work has begun. If work has not commenced within such time, the actual costs plus the additional twenty-five percent administrative fee shall be charged against the deposit. Resubmission of plans and deposit shall conform with subsections (a) and (b) of this section. (d) Penalties. Any person violating this section by failing to submit plans, obtain necessary inspections and approvals or make deposits, or by commencing or continuing construction or remodeling in violation hereof, shall pay triple the fee as a penalty and remain subject to other applicable penalties and enforcement procedures. (e) Approval Limits. The approval of plans and specifications shall not prevent the health officer from thereafter requiring correction of errors in such plans and specifications, or from preventing construction, installation and operations being carried out thereunder when in violation of this code and/or other applicable laws. (Ords. 78-88, 76-46, 74-1). 112 PUBLIC HEALTH LICENSES AND FEES 'I 413-3.1210 Prorating fees. Unless otherwise provided, when an activity is fIrst licensed to commence during a license year, the fee shall be prorated as follows, but never to less than ten dollars: The full annual fee if it starts during March through May, three-fourths if during June through August, one-half if during September through November, and one-fourth if during December through February. (Ord. 78-43 ~ 1, Ord. 74-1 ~ 1 (part), 1974). 413-3.1212 Bakery. Bakery license fees are based on square foot area, as follows: less than two thousand, eighty dollars; two thousand through fIve thousand nine hundred ninety-nine, one hundred twenty dollars; six thousand or more, one hundred sixty dollars. (Ord. 78-43 ~ 1, Ord. 74-1 ~ 1 (part), 1974). 413-3.1214 Food processing establishment. Food processing establishment license fees are the same as for bakeries. (Ord. 74-1 ~ 1 (part), 1974). 413-3.1216 Wholesale food market. Wholesale food market license fees are the same as for bakeries. (Ord. 74-1 ~ 1 (part), 1974). 413-3.1218 Retail - food production and marketing establishment. Retail food production and marketing establishment license fees are the same as for bakeries. (Ord. 74-1 ~ 1 (part), 1974 ). 413-3.1220 Restaurants, taverns, cocktail lounges, snack bars. (a) Restaurant license fees are based on patron seating capacity, as follows: less than fIfty, eighty dollars; fIfty to one hundred forty-nine, one hundred twenty dollars; one hundred fIfty or more, one hundred sixty dollars. Banquet room seating capacity is excluded in accordance with the health offIcer's regulations. (b) Tavern, cocktail lounge and snack bar license fees are sixty dollars, and drive-in, take-out and catering commissary license fees are one hundred twenty dollars; all regardless of seating capacity. (Ord. 78-43 ~ 1, Ord. 74-1 ~ 1 (part), 1974). 413-3.1222 Itinerant restaurant. Itinerant restaurant license fees are forty dollars, not proratab1e. (Ord. 78-43 ~ 1, Ord. 74-1 ~ 1 (part), 1974). 413-3.1210-413-3.1242 413-3.1224 Vehicles and peddlers. (a) A non-proratab1e license fee of forty-eight dollars is payable for every retail food vehicle from which food is served, and for every location for every mobile food preparation unit. (b) A non-proratab1e license fee of forty dollars is payable for every other retail food vehicle, and for every peddler of food. (Ord. 78-43 ~ 1, Ords. 74-79 ~ 6, 74-1: H.&S.C. ~ 28520 ff; 17 C.A.C. 13600 ff; Ord. C. Ch. 56-4). 413-3.1226 Roadside stand. A roadside stand license fee is forty-eight dollars, not pro- ratable. (Ord. 78-43 ~ 1, Ord. 74-1 ~ 1 (part), 1974). 413-3.1228 Food vending machine. Food vending machine license fees are forty-eight dollars for one through four machines, plus an additional eight dollars for each machine over four, which are not proratable. (Ord. 78-43 ~ 1, Ord. 74-1 ~ 1 (part), 1974). 413-3.1230 Food salvager. A food salvager license fee is two hundred forty dollars. (Ord. 78-43 ~ 1, Ord. 74-1 ~ 1 (part), 1974). 413-3.1232 Food demonstrator. A food demonstrator license fee is forty dollars, not proratable. (Ord. 78-43 ~ 1, Ord. 74-1 ~ 1 (part), 1974). 413-3.1234 Ice plant. An ice plant license fee is eighty dollars. (Ord. 78-43 ~ 1, Ord. 74-1 ~ 1 (part), 1974). 413-3.1236 Public swimming pool. A public swimming pool license fee is one hundred twenty dollars. (Ord. 78-43 ~ 1, Ord. 74-1 ~ 1 (part), 1974). 413-3.1238 Wipin~ ra~ business. A wiping rag business license fee is eighty dollars. (Ord. 78-43 ~ 1, Ord. 74-79 ~ 7, H.&S.C. ~ 3900 ft). 413-3.1240 Small water system. A small water system license fee is as follows: (a) 2 - 4 connections. . . . . . . . . . ..$ 28.00; (b) 5 - 50 connections. . . . . . . . . .. 48.00; (c) 51 - 100 connections. . . . . . . .. 64.00; (d) 101 - 199 connections. . . . . . .. 100.00. (Ords. 81-56 ~ 3, 78-43 ~ 1, 74-79 ~ 8: H.&S.C. ~ 4010 ft). 413-3.1242 Incidental confectionery. An incidental confectionery license fee is forty-eight dollars, non-proratable. (Ord. 78-43 ~ 1, Ord. 74-79 ~ 9). 112-1 (Contra Costa County 11-81) 413-3.1244-413-3.1412 HEALTH AND SAFETY 413-3.1244 Septic tank-chemical toilet cleaner. A septic tank-chemical toilet cleaner license fee is eighty dollars, proratable, and twenty-five dollars for each vehicle, non-proratable. (Ord. 78-43 ~ 1). Article 413-3.14 Enforcement 413-3.1402 General. The provisions of this article control in the absence of contrary provisions of state or county law particularly applying to one or more licensable activities hereunder; however, violations of this chapter are also subject to criminal and/ or civil enforcement procedures like all other violations of this code. (Ord. 74-1 ~ 1 (part), 1974). 413-3.1404 Administration and regulation. The health officer shall administer this chapter. The health officer himself may promulgate regulations carrying out these provisions, including prescribing application and identification forms. (Ord. 74-1 ~ I (part), 1974). 413-3.1406 Temporary suspension. (a) Complaint. When a written complaint is filed with or by the health officer or one of his medical deputies that some applicable law or regulation is being violated by any person or licensable activity, he may order a hearing pursuant to Section 413-3.1412. (b) Period. After hearing, he may suspend the license for not more than ninety calendar days, or until he is assured of compliance with applicable laws and regulations, whichever period is shorter; and he may post notice of this action in a conspicuous place. At the end of the shorter period the license becomes valid again. (Ord. 74-1 ~ I (part), 1974). 413-3.1408 Emergency suspension. (a) Health Danger. After making a written finding that the public health is endangered by some person or licensable activity, the health officer or one of his medical deputies may order the immediate cessation of the activity, abatement of the condition, or action to correct the condition, and he may order the emergency suspension of the license and its removal from the person or premises; and he may post notice of this action in a conspicuous place. Emergency suspension is in addition to, and not limited by (Contra Costa County 11-81) nor in derogation of, any other authority or power which the health officer may have WIder this or other laws or regulations. (b) Period. Each emergency suspension, as distinct from any other authorized action, is effective for not more than seven calendar days, including the first day on which the license is suspended. At the end of that period, or sooner if a finding is made that the public health is no longer endangered, the license becomes valid again, unless a hearing is ordered pursuant to Section 413-3.1412. (Ord. 74-1 ~ 1 (part), 1974). 413-3.1410 Revocation. The health officer or one of his medical deputies may revoke and confiscate a license if: (l) It has been suspended once after hearing; and (2) Violations of this chapter or other applicable laws or regulations or acts or omissions endangering the public health continue; and (3) He makes a written finding that correction of the situation is impracticable and that the public health is endangered. He may post notice of this action in a conspicuous place. (Ord. 74-1 ~ 1 (part), 1974). 413-3.1412 Hearings. (a) Notice. The health officer shall give written notice of the hearing to the licensee or the person involved or in charge of the premises or operation, delivered or mailed to the latest address on file with him, at least seventy-two hours before the hearing for emergency suspensions, and at least five days before the hearing for temporary suspensions. The notice shall specify: (1) The hearing date, time and place (not more than fourteen days thereafter); (2) The reasons for the hearing; and (3) The licensee's rights to correct, comply with, or desist from, the cited reasons, and/or show cause against suspension of the license. (b) Conduct. The health officer or one of his medical deputies shall conduct the hearing, or he may have the county hearing officer conduct it and recommend back to him a suggested disposition of the matter. Hearings may not be postponed or continued longer than ten days from the original date without the consent of the licensee. (c) Decision. The health officer or the medical deputy shall make his written decision 112-2 PUBLIC HEALTH LICENSES AND FEES within fourteen days after: (1) The hearing's close; or (2) His receipt of the hearing officer's recommendations; and he shall promptly notify the licensee thereof. (Ord. 74-1 ~ 1 (part), 1974). 413-3.1414 Appeals. Appeals are governed by Chapter 144. (Ord. 74-1 ~ 1 (part), 1974). Division 414 WATERWAYS AND WATER SUPPLY Chapters: 414-2 414-4 414-6 Contra Costa Canal Water Supply Transporting Water for Domestic Use Chapter 414-2 CONTRA COSTA CANAL* Sections: 414-2.002 414-2.004 Definition. Swimming, fishing or dumping prohibited. Loitering prohibited. 414-2.006 414-2.002 Definition. As used in this chapter, "canal" means the Contra Costa canal system as constructed within this county by the *For the statutory prohibition against littering waters, see Pen. C. ~ 374e; for the statutory regulation of motor vehicles upon canal banks, see Veh. C. ~. 21116 and for the provisions regarding the California Recreational Trails Law, see Pub. R.C. ~ 5070 ff. 112-3 413-3.1414-414-2.002 (Contra Costa County 9-15-78) Bureau of Reclamation of the Department of the Interior of the United States Government. (Prior code ~ 4700: Ord. 858: Ord. 849). 414-2.004 Swimming, fishing or dumping prohibited. No person shall swim, wade, bathe, play, or fish in any canal, or throw, place, or cause to be placed in any canal rock, dirt, rubbish, or any other material or thing not reasonably necessary to the use, operation, or maintenance of the canal. (Prior code ~ 4701: Ord. 849). 414-2.006 Loitering prohibited. No person shall enter, be, loiter, or play on any lands, roadways, or structures appurtenant to or a part of the right-of-way of any canal within any fence or railing, or, in areas where there is no fence or railing, within thirty feet of the nearest edge of any canal. This section shall not apply to persons and their duly authorized agents, servants, and employees operating, maintaining, repairing, or inspecting the canal, engaged in the lawful removal of water, or engaged in enforcing this chapter. Nor shall this section apply to any person over the age of sixteen years, or under the age of sixteen years if accompanied by an adult, riding horseback over portions of the right-of-way of any canal that are designated, marked, and maintained as horseback riding trails by the Department of Parks and Recreation of the state of California or by the Concord Mt. Diablo Trail Ride Association, when the owner of the right-of-way has issued a valid license for this purpose. (Prior code ~ 4702: Ord. 858: Ord. 849). WATER SUPPLY 414-2.004-414-2.006 Chapter 414-4 WATER SUPPLY* Article 414-4.2 General Sections: 414-4.201 Water supply system- Approval required. Purpose and disclaimer. Definitions. Approved water supply system. 414-4.207 Cross-connection. 414-4.209 Customer system. 414-4.211 Distribution system. 414-4.213 Furnish or supply. 414-4.215 Health officer. 414-4.217 Individual water system. 414-4.219 Site evaluation. 414-4.221 Small water system. 414-4.223 Source facilities. 414-4.225 Water source. 414-4.227 User. 414-4.229 Utility system. 414-4.231 Well. 414-4.233 Licensed well driller. 414-4.235 Well drilling. 414-4.237 Domestic use. 414-4.239 Abandoned well. 414-4.241 Subdivision maps. Article 414-4.4 Small Water Systems Sections: 414-4.401 414-4.202 414-4.203 414-4.205 414-4.403 414-4.405 414-4.407 'Small water system-Permit required. Small water system- Investigation, site evaluation. Small water system-Backflow prevention. Small water system-Design and construction. *For the statutory provisions relating to county water districts in general, see Water C. ~ 30000 ff; for the provisions relating to the officers and employees thereof, see Water C. ~ 30500 ff. For the provisions outlining the powers and purposes of the county water districts, see Water C. ~ 31000 ff. For the statutory authority of the water districts to acquire, construct and maintain sewage facilities, see Water C. ~ 31100 ff; for the authority of water districts to provide fire protection services and facilities, see Water C. ~ 31120 ff; for the authority to use the water under the district's control for recreational purposes, see Water C. ~ 31130 ff. For the statutes relating to rmancial powers, see Water C. ~ 31300 ff; for the taxation powers, see Water C. ~ 31650 ff. For the provisions regarding the regulation of the purity of water supply systems, see Health & sar. C. ~ 4010 ff; for the provisions regarding the pollution of waters, see Health & sar. C. ~ 4400 ff and Water C. ~ 13000 ff. 113 (Contra Costa County 11-81) 414-4.201-414-4.205 414-4.409 414-4.411 414-4.413 414-4.415 414-4.417 Article 414-4.6 Sections: 414-4.601 HEALTH AND SAFETY Small water system-Approved sources required. . Small water system- Distribution reservoirs. Small water system- Distribution system. Small water system- Operation and maintenance. Small water system-Quality, quantity. Individual Water Systems Individual water system- Quality, quantity. 414-4.603 Individual water system-Lot area, variances. 414-4.605 Individual water system- Investigation, site evaluation. Article 414-4.8 Wells Sections: 414-4.801 414-4.803 Wells-Permit required. W ells- Repairs, alterations or additions. 414-4.805 Wells-Site. 414-4.807 Wells-Protection. 414-4.809 Wells-Abandoned. Article 414-4.10 Enforcement Sections: 414-4.1001 414-4.1003 Enforcemen t-Prohibitions. Enforcement-Publication of regulations. 414-4.1005 Enforcement-Right of entry. 414-4.1007 Enforcement-Nuisance abatement. 414-4.1009 Enforcement-Emergency action. 414-4.1011 Enforcement-Permit suspension. 414-4.1013 Enforcement-Permit revocation. Enforcement-Hearing. Enforcement:--Appea1s. Enforcement-Penalties. Enforcement-Other requirements. 414-4.1023 Guarantee of performance. Article 414-4 .12 Fees Sections: 414-4.1201 414-4.1203 414-4.1205 414-4.1015 414-4.1017 414-4.1019 414-4.1 021 (Contra Costa County 11.81) General. Subdivisions. Individual water system/well. Article 414-4.2 General 414-4.201 Water supply system - Ap- proval required. Any person proposing to sub- divide or develop any property needing water for domestic purposes shall demonstrate an approved water supply and obtain written ap- proval from the health officer for such develop- ment. (Ord. 81-56 ~ 1). 414-4.202 Purpose and disclaimer. This chapter is enacted to provide for the protec- tion of the county's groundwater sources from degradation that could result from inadequately constructed, defective, or improperly abandoned wells, to provide for regulation of small water systems in accordance with federal standards as mandated by the state, and to require submis- sion of tentative subdivision maps and building permit applications to the health officer for him to review the availability of an approved water supply prior to recordation of final maps and issuance of building permits. Notwithstanding the foregoing, by enacting this chapter, the county of Contra Costa neither assumes nor undertakes any obligations or responsibilities of any kind to assure, guarantee, preserve, or otherwise guard the adequacy, potability, or any other qualitative or quantitative feature of the county's groundwater sources in any manner whatsoever, and no cause of action against the county, its agents, directors, or employees shall be deemed to accrue under any theory whatso- ever on the basis of the enactment of this chapter or any subsequent amendment thereto. (Ord. 81-56 ~ 1). 414-4.203 Definitions. As used in this chapter, the following words and phrases shall have the meanings given in this article. (Ord. 81-56 ~ 1). 414-4.205 Approved water supply system; "Approved water supply system" means any system, approved by the health officer, or the California Department of Health Services, as meeting the requirements of Titles 17 and 22, the California Administrative Code. (Ord. 81-56 ~ 1). 114 414-4.207 Cross-connection. "Cross-connec- tion" means any actual or potential unprotected connection as defined in Title 17, California Administrative Code. (Ord. 81-56 ~ 1). 414-4.209 Customer system. "Customer system" includes those parts of the facilities beyond the termination of the utility system which are used to convey water to points of use. (Ord. 81-56 ~ 1). 414-4.211 Distribution system. "Distribu- tion system" includes the facilities and conduits used for the delivery of water from the source to the customer's system. (Ord. 81-56 ~ 1). 414-4.213 Furnish or supply. "Furnish or supply" has its usual meaning, except that it does not include furnishing or supplying water to a user for domestic purposes other than for human consumption if the user receives the water, by pipe or otherwise, directly from an open irrigation canal system; nevertheless, it does include furnishing or supplying water to any small water system, connected by an inte- grated pipe system owned and operated by the supplier. (Ord. 81-56 ~ 1). 414-4.215 Health officer. "Health officer," unless otherwise modified, means the health officer of this county, his/her medical deputies, his/her environmental health inspectors, and his/her other duly authorized representatives. (Ord. 81-56 ~ 1). 414-4.217 Individual water system. "In- dividualwater system" means an approved water source and system of piping designed to pro- vide water for domestic use and which serves (a) one single-family residence; or (b) two single-family residences on one parcel; or (c) one structure serving less than twenty-five persons more than sixty calendar days per year. (Ord. 81-56 ~ 1). 414-4.219 Site evaluation. "Site evalua- tion" means the investigation of a lot or sub- division to determine the feasibility of using an individual water system or a small water system. (Ord. 81-56 ~ 1). WATER SUPPLY 414-4.207-4144.231 414-4.221 Small water system. "Small water system" means a system which furnishes water for domestic purposes to from two through one hundred ninety-nine service connec- tions and shall include "Public Water Systems" as defined in California Health and Safety Code Section 4010.1 and its applicable regula- tions under Title 22 of the California Adminis- trative Code. Two single-family residences on one parcel shall not be considered a small water system. (Ord. 81-56 ~ 1). 414-4.223 Source facilities. "Source fa- cilities" includes all components of the fa- cilities used in the production, treatment, storage, and delivery of water to the distribution system. (Ord. 81-56 ~ 1). 414-4.225 Water source. "Water source" means a source of water supply for any water system, including, without limitation, wells, springs, ponds, lakes, surface streams, irriga- tion ditches or canals, and potable water ob- tained from other sources including large pub- lic water systems. (Ord. 81-56 ~ 1). 414-4.227 User. "User" means any person using water for domestic purposes, except any person processing water or selling, serving, hauling, furnishing, or supplying water to the public in any manner. (Ord. 81-56 ~ 1). 414-4.229 Utility system. "Utility system" means a water system consisting of source facilities, treatment facilities, and distribution system, and includes all other facilities of the water system under the complete control of the supplier, up to the point where the customer's system begins. (Ord. 81-56 ~ 1). 414-4.231 Well. "Well" means any well, public or private, including without limitation, wells serving county and state small water sys- tems, individual domestic use wells, industrial wells, agricultural wells, recharge or injection wells, air conditioning wells, horizontal wells, permanent test wells, dewatering wells and cathodic protection wells. (Ord. 81-56 ~ 1). 115 (Contra Costa County 11.81) 414-4.233-414-4.407 HEALTH AND SAFETY 414-4.233 Licensed well driller. "Licensed well driller" means a person licensed in ac- cordance with the provisions of the Contractors License Law (Chapter 9, Dividion 3, of the Busi- ness and Professional Code) to drill water wells. (Ord. 81-56 ~ 1). 414-4.235 Well drilling. "Well drilling" means the act(s) by any person, including with- ouf! limitation, the property owner and/or li- censed well driller, to dig, drill, bore, excavate, or drive a well. (Ord. 81-56 ~ I). 414-4.237 Domestic use. "Domestic use" means water that is intended for human consumption. The terms "domestic purposes" and "human consumption" mean the same as domestic use when they appear in this chapter. (Ord. 81-56 ~ 1). 414-4.239 Abandoned well. "Abandoned well" means a well which has not been used for a period of one year, unless the owner has declared his intention to use the well again. Wells that are to be used again shall be adequately protected, and marked, and the area around the well shall be kept clear. (Ord. 81-56 ~ 1). 414-4.241 Subdivision maps. (a) Tentative Maps. Pursuant to Title 9, a copy of any sub- mitted tentative subdivision map shall be for- warded to and filed with the health officer for investigation of domestic water supply. The tentative map shall show proposed provisions for sewage disposal, source of approved water supply, number of lots, the size of each lot, and contour lines at intervals of five feet or less. (b) Health Officer Approval. The health officer shall review the filed tentative map for compliance with this chapter and in a timely manner report his conclusions thereon, together with any conditions recommended to insure such compliance, to the planning department and advisory agency. (c) Final and Parcel Maps. Final and parcel maps shall not be recorded unless the condi- tions recommended by the health officer and established by the advisory agency on approval of the tentative map have been satisfied. (Ord. 81-56 ~ I). (Contra Costa County 11-81) Article 414-4.4 Small Water Systems 414-4.401 Small water systems - Permit required. (a) Every person proposing to install, construct, and/or operate a small water system shall first apply to the health officer for approval of the water source and utility system. The application shall be accompanied by complete plans and specifications with appro- priate fees. (b) The health officer shall approve, condi- tionally approve, or deny the application on the basis of compliance with this chapter and the health officer's regulations. (c) Upon approval of the completed installa- tion of the water system by the health officer, he shall issue a water supply permit and a public health license to operate the system. (Ord. 81-56 ~ 1). 414-4.403 Small water system - Investiga- tion, site evauIation. Upon receipt of an applica- tion for the construction or operation of a small water system the health officer shall make the necessary investigation and/or site evaulation of the proposed or existing system and all other circumstances and conditions the health officer deems material. The health officer may order repairs, alterations, or additions to the proposed or existing system to insure that the water furnished or supplied shall at all times meet the requirements of Sections 414-4.413,414-4.415 and 414-4.417. The health officer may require any permit holder or applicant to make a complete report on the condition and operation of the small water system owned, operated, or contracted for by the permit holder of appli- cant. (Ord. 81-56 ~ I: prior code ~ 4722: Ord. 1189: 420-6.010). 414-4.405 Small water system - Back- flow prevention. Every person furnishing or supplying water to users shall prevent water from unapproved sources, or any substance, from entering the small water system. (Ord. 81-56 ~ 1: prior code ~ 4723: Ord. 1189). 414-4.407 Small water system - Design and construction. All small water systems shall be designed and constructed so as to comply with applicable A.W.W.A. Standards and generally accepted engineering practices. (Ord. 81-56 ~ 1: prior code ~ 4724: Ord. 1189). 116 414-4.409 Small water system - Approved sources required. All water sources for small water systems shall comply with the require- ments of Title 22, the California Administrative Code, and may be used only after approval of the health officer. (Ord. 81-56 ~ 1: prior code ~ 4726: Ord. 1189). 414-4.411 Small water system - Distribu- tion reservoirs. Distribution reservoirs shall be adequately protected against contamination. Adequately ventilated housing may be required by the health officer to protect the facilities from the elements and unauthorized entry. (Ord. 81-56 ~ 1: prior code ~ 4726: Ord. 1189). 414-4.413 Small water system - Distribu- tion system. (a) Pressure - Quantity. The dis- tribution system shall be of adequate size and designed in conjunction with related facilities to maintain a minimum water pressure of twenty pounds per square inch at every point during periods of maximum normal demand. The quantity of water delivered to the distribu- tion systems shall be sufficient to supply adequately, dependably, and safely the total requirements of all users under maximum consumption. (b) Flushing. Dead-end runs shall be pro- vided with means of flushing, and shall be flushed frequently enough to assure that the water will be kept safe, wholesome, and potable for human consumption. The design of small water systems shall provide for elimination of dead-end runs wherever practicable. (c) Materials. Materials used in the distribu- tion system shall be able to withstand with ample safety factors, all internal and external forces to which they may be subjected. (d) Backflow Protection. Each service connection from an approved water supply system shall be protected against backflow of water from a nonapproved system. (e) Fire Hydrants. Fire hydrants shall conform to requirements of local authority. (f) Location of Pipes. No water pipe shall be laid in the same trench with sanitary sewers. (g) Disinfection of Pipes. All pipes or con- duits, or parts, newly constructed or repaired before being placed in service, shall be completely disinfected in accordance with American Water Works Association Procedures for Disinfecting Water Mains. WATER SUPPLY 414-4.409-414-4.417 (h) Marking of Pipes. Where the premises contain dual or multiple water systems and piping, the exposed portions of pipes shall be painted, branded, or marked at sufficient inter- vals to distinguish the pipes which carry water safe for human consumption. (Ord. 81-56 ~ 1: prior code ~ 4727: Ord. 1432: Ord. 1189). 414-4.415 Small water system - Operation and maintenance. (a) Personnel. All personnel responsible for operation and maintenance shall have sufficient experience and training to qualify them properly to perform their duties. When the water is treated the water system shall be operated by personnel having special skills in the appropriate areas and acceptable to the health officer. (b) Maps and Records. Complete and current maps of the utility system shall be maintained. Complete and current records shall be kept showing results of bacteriological and chemical analyses of water and other data required by the health officer. (c) Maintenance. Facilities and equipment of the utility shall be kept clean and in good work- ing condition. Leaks shall be repaired as soon as practicable. Proper equipment, tools, and re- pair parts shall be available in good condition for all types of emergency repairs. (Ord. 81-56 ~ 1: prior code ~ 4728: Ord. 1189). 414-4.417 Small water system - Quality, quantity. (a) Quality. All water systems shall meet the primary Drinking Water Standards contained in Title 22 of the California Adminis- trative Code. The secondary Drinking Water Standards contained in Title 22 of the California Administrative Code shall be met by all public water systems, subject to any current waivers or other authorized exception. All examinations of water required by this chapter shall be per- formed by a laboratory approved by the California Department of Health Services. (b) Quantity. Sufficient water shall be avail- able from the water sources and distribution reservoirs to supply adequately, dependably and safely the total requirements of all users under maximum daily demand conditions. Re- quirements for a small water system shall be determined from the total source capacity, total storage volume and the total number of service connections. The procedures for determining quantity shall be in accordance with the specifi- cations contained in Division 4, Chapter 16, 117 (Contra Costa County 11-81) 414-4.601-414-4.801 HEALTH AND SAFETY Article 2, Title 22 of the California Administra- tive Code. (Ord. 81-56 S 1). Article 414-4.6 Individual Water Systems 414-4.601 Individual water system Quality, quantity. (a) Quality. ( 1) Bacteriological. The water from an indivi- dual system, installed for domestic use, shall be examined by the health officer on completion of the system. Subsequent testing shall be per- formed by a laboratory approved by the California Department of Health Services and at the expense of the owner of the individual water system. The water tested shall be bacteriologi- cally acceptable for domestic use. (2) Chemical. An analysis for specific organic or inorganic chemical constituents in the water may be required when there is evidence that such constituents may be present and which are considered by the health officer to be a risk to human health. (3) Physical. Tests for odor, color, turbidity, pH or other physical properties of the water may be required when there is evidence the water may not be acceptable or potable for human consumption. (b) Quantity. Applications for building permits or certificates of occupancy for a struc- ture requiring an individual water supply system shall, prior to their issuance, be submitted to the health officer for review to determine if the water supply source will provide minimum of quantities in accordance with the following: (1) Wells. Sustained yield or pumping tests may be required by the health officer. The well yield shall be determined from pumping tests or historical data acceptable to the health officer. The well or wells shall yield a minimum three gallons per minute and a minimum storage capacity of one thousand gallons in a storage tank shall be provided. No storage is required if the well yield is five gallons per minute or greater. Sustained yield tests, when required, shall be conducted in accordance with the pro- cedures described in Title 22, Section 64563 of the California Administrative Code. (2) Other Surface Sources. Yields and required storage capacity shall meet the same minimum requirements as for wells. Adequate documentation that the surface sources are perennial shall be provided. (Contra Costa County 11-81) (c) Director of Building Inspection. When the building inspection director is advised by the health officer that it has not been demon- strated that a water source exists complying with this chapter and that such lack is a danger to or likely to cause public health problems, he may withhold the issuance of the requested building permit or certificate for a structure. (Ord. 81-56 S 1). 414-4.603 Individual water system - Lot area, variances. (a) Lot Area. The health officer shall require each structure that needs both an individual water system and an individual sewage disposal system to be on a lot whose area, exclusive of natural impediment and surface and underground easements, is at least forty thousand square feet. (b) Variances. The health officer may grant variances from subsection (a) when he finds the following conditions to be met: (1) The lot otherwise will comply with the requirements of this division and the health of- ficer's regulations; and (2) The variance will neither create, nor con- tribute to the creation of a public nuisance. (Ord. 81-56 S 1: 420-6.008). 414-4.605 Individual water system - In- vestigation, site evaluation. The health officer shall make the necessary investigation and/or site evaluation of the proposed development and all other circumstances and approve, or deny the proposed development on the basis of com- pliance with this chapter and corresponding regulations. (Ord. 81-56 S 1: 414-4.403). Article 414-4.8 Wells 414-4.801 Wells - Permit required. (a) Every person proposing to dig, drill, bore or drive any water well, or rebore, deepen, cut new perforations in, or seal the aquifers of any existing well, before commencing work, shall apply to the health officer for approval of the well site and method of installation and con- struction and for a permit to do the work. If a well driller is hired it is his responsibility to see that a permit is obtained. The application shall be on forms furnished by the health officer and shall contain the information he may require. 118 TRANSPORTING WATER FOR DOMESTIC USE 414-6.220 Water vehicle. "Water vehicle" means any tank, tank truck, tank car, or other vehicle, container or conduit used to transport water. (Ord. 77-50 S 1 (part)). Article 414-6.4 Enforcement 414-6.402 Permit required. No person shall transport water without having a currently valid, unrevoked, unsuspended permit hereunder. (Ord. 77-50 S 1 (part)). 414-6.404 Investigations. To enforce this chapter, the health officer may enter and may inspect any premises, operations, work, or thing regulated hereby, at reasonable times and with such notice to the owner, occupant, possessor, operator, applicant, or permittee, as is reasona ble and practicable under the circumstances. (Ord. 77-50 S 1 (part)). 414-6.406 Regulations. The health officer is responsible for enforcing this chapter. She may, with board approval, issue regulations necessary to effect these purposes and provisions, which regulations become effective when filed with the board's clerk with proof of posting in the health dvpartment. (Ord. 77-50 S 1 (part)). 118a 414-6.220-414-6.406 (Contra Costa County 9-15-78) (b) The permit shall expire on the one hundred eightieth calendar day after date of is- suance if the work has not been started and reasonable progress toward completion is not maintained, but the health officer may extend the expiration date when delay is warranted. (c) The health officer shall approve, condi- tionally approve, or deny the application and issue or withhold the permit accordingly, on the basis of compliance with this chapter and his regulations. (d) Upon completion of the drilling, repairs, alterations, or additions of the well and before a final approval of the well for use, a log of the well shall be submitted to the health officer. Where minor or insignificant repairs, alterations or additions are made, the health officer may waive the requirement for a log. (Ord. 81-56 S 1: 414-4.608: prior code S 4732: Ord. 2289: Ord. 1189). 414-4.803 Wells - Repairs, alterations or additions. The health officer may order repairs, alterations, or additions to the existing source or system to insure that the water furnished or supplied shall at all times be pure, whole- some, and potable and without danger to human health. (Ord. 81-56 S 1: prior code S 4731: Ord. 1189). 414-4.805 Wells - Site. The site of every well shall be adequately drained and located a safe distance from any sources of pollution or contamination; this distance is dependent upon the character of the soil, location of pollution sources, and slope of the ground. (Ord. 81-56 S 1: prior code S 4732: Ord. 1189). 414-4.807 Wells - Protection. (a) Adequate means shall be provided to protect the well from contamination during construction, reconstruc- tion, or alteration. Newly constructed or repaired wells and necessary distribution systems shall be adequately chlorinated following con- struction or repair work. (b) Surface structures which protect the well from contamination shall be provided when determined necessary by the health officer. (c) The health officer shall be notified at least twenty-four hours in advance of the installation of the seal of the annular space between the casing and excavation. All wells shall be sealed in accordance with the pro- cedures outlined in Part 2, Section Nine of WATER SUPFLY 414-4.803-414-4.1001 California Department of Resources Bulletin Number 74. All wells shall be sealed to the depth of the first impervious soil formation in addition to all other requirements of Bulletin Number 74. (d) The well driller shall complete a certifica- tion of the protection of the underground aquifers he has penetrated during drilling and completion of the well. The certification shall be made on a form provided by the health officer and shall be signed by the well driller under penalty of peljury and shall indicate the con- tractor or driller license number. The work performed in the protection of the underground aquifers shall be done in conformance with California Department of Water Resources Bulletin Number 74, sound well drilling prac- tice, current published data or other references documented with the certification. (Ord. 81-56 S 1: prior code S 4733: Ord. 1189). 414-4.809 Wells - Abandoned. To prevent contamination of ground waters and other dangers, every person wholly or partially respon- sible for abandoning a well or having entire or partial right of ownership or possession of the land or premises on which an abandoned well is situated shall destroy the well as specified in Part III, Section 23 of the State of California Department of Water Resources Bulletin Number 74. (Ord. 81-56 S 1: prior code S 4734: Ord. 1189). Article 414-4.10 Enforcement 414-4.1001 Enforcement - Prohibitions. (a) No person subdividing and/or developing any property needing water for domestic use shall so use the property until he has demon- strated an approved water supply. (b) No person shall drill a water well whether for domestic use, irrigation, agricultural or other purposes, without first applying for and receiv- ing a valid, unrevoked, unsuspended permit to do so from the health officer. (c) No person shall drill, reconstruct, repair or destroy a well for hire unless he is a licensed well driller. (d) No person shall operate a small water system without ftling a written application with the health officer and receiving and possessing a valid, unrevoked, unsuspended water supply permit and public health license. 118-1 (Contra Costa County 11-81) 414-4.1003-414-4.1009 HEALTH AND SAFETY (e) No person shall maintain a cross-connec- tion within a small water system operated for domestic use. (f) No person shall supply water for domestic use until the results of tests required by the health officer of bacteriological, chemical and physical analyses, performed by a laboratory certified by the State Department of Health Services, are submitted to the health officer and show that the water meets state safe drinking water quality standards and all other criteria es- tablished by the health officer through his regulations. (g) No person shall modify, add to, or change an approved water supply system without the prior written approval of the health officer. (Ord. 81-56 ~ 1: 414-4.401,4.601). 414-4.1003 Enforcement - Publication of regulations. The health officer may make and publish regulations to make more detailed or specific the provisions of the chapter. These regulations shall become effective two weeks after filing with the clerk of the board of super- visors and posting in the county health depart- ment. The health officer shall be responsible for the execution of this chapter. (Ord. 81-56 S 1: prior code ~ 4735: Ord. 1189). 414-4.1005 Enforcement - Right of entry. To enforce this chapter, the health officer may enter and inspect any premises, operations or work regulated hereby, at reasonable times and with such notice to the owner, occupant, operator, applicant, licensee, or permittee, as is reasonable and practicable under the circum- stances. In conducting such inspections the health officer is authorized to proceed pursuant to the Code of Civil Procedure Sections 1822.50 and following. (Ord. 81-56 ~ 1: 414-6.404). 414-4.1007 Enforcement - Nuisance abate- ment. Any installation made or condition exist- ing in violation of this chapter or of standards or regulations established under Section 414-4.1003 is declared to be a public nuisance, and its maintenance, operation, and existence may be abated in a civil action. (a) Notice - Hearing. Except in instances of necessity or emergency, when the health officer declares a public nuisance, he shall promptly so notify the owner of the property by certified mail to the owner's address on the assessment roll. The notice shall state the condi- (Contra Costa County 11-81) tion and reason for the declaration, and shall also state that the owner of the property has thirty days after mailing of the notice within which to abate the nuisance, failing which the health officer may have the nuisance abated and the owner shall be liable for the cost there- of. The notice shall also state that if the owner objects to the health officer's declaration, the owner may request a hearing before the health officer to determine whether a public nuisance exists. The notice shall further indicate that the request for the hearing must be received by the health officer prior to the expiration of the time set for abatement, and the hearing shall be held within thirty days after the request is received by the health officer. County abatement is sus- pended by the fIling of a request for hearing, pending the final decision of the health officer. (b) Costs. If the health officer has a nuisance abated, the health officer shall promptly so notify the property owner, including a statement of costs and of the owner's rights to a hearing thereon. The notice mailing and the time period for hearing request and hearing shall be those in subsection (a). Upon fixing the costs (after hearing or in the absence of request therefor), the health officer shall proceed according to law to impose the costs on and collect them from the property owner and! or the property. These procedures do not affect the county's right to collect these costs from any other person responsible therefor under law. (Ord. 81-56 ~ 1). 414-4.1009 Enforcement Emergency action. Where the health officer makes a written fmding that the public health is endangered by some act, omission, or condition regulated by this chapter, in connection with any premises or operation licensed under this chapter, the health officer may order the immediate cessation of the act, abatement of the condition, or action to correct the condition. The health officer may order the temporary emergency suspension of the applicable permit and its removal from the person or premises, and the health officer may post notice of this action in a conspicuous place. Emergency suspension, as distinct from any other action authorized by law, is effective for a period of five days, including the first day on which the permit is suspended. During that period, any activity regulated by this chapter is unlawful. At the end of that period, or sooner if a fmding is made that the public health is 118-2 no longer endangered, the permit becomes valid again unless a hearing is ordered. (Ord. 81-56 ~ 1: prior code ~ 4737: Ord. 1189). 414-4.1011 Enforcement - Permit suspen- sion. Where a written complaint is filed with the health officer that some applicable law or regula- tion is being violated by any person, premises or operation required to be licensed under this chapter, the health officer may order a hearing, and after hearing may suspend the permit for not more than ninety days, or until the health officer is assured of compliance with applicable laws or regulations, whichever is less, and the health officer may post notice of this action in a conspicuous place. At the end of the period, or when the health officer is satisfied of compliance, the permit becomes valid again. During that period any activity regulated by this chapter is unlawful. (Ord. 81-56 ~ 1: prior code ~ 4738: Ord. 1189). 414-4.1013 Enforcement - Permit revoca- tion. A permit may be revoked and confiscated if it has been suspended once and if violations of this chapter or other applicable laws or regula- tions or acts or omissions endangering the public health continue, or if the health officer or one of the health officer's medical deputies makes a written finding that correction of the situation is impracticable and that the public health is en- dangered thereby. The health officer may post notice of this action in a conspicuous place. (Ord. 81-56 ~ 1: prior code ~ 4739: Ord. 1189). 414-4.1015 Enforcement - Hearings. In cases of hearings under Section 414-4.10 11, notice must be written and delivered to the per- son involved or in charge of the premises or operation at least forty-eight hours before the hearing. Other hearings ordered by the health of- ficer must be preceded by written notice, personally delivered or mailed to the person to whom the permit was issued at the latest address on fIle with the health officer not less than five nor more than fifteen days before the hearing date. These hearings shall be in the main office of the county health department, unless some other location is specified in the notice. These hearings shall be conducted by the health officer or one of the health officer's medical deputies, and may not be continued or postponed for longer than ten days from the original date with- out consent of the permittee. (Ord. 81-56 ~ 1: prior code ~ 4747: Ord. 1189). WATER SUPPLY 414-4.1011-414-4.1023 414-4.1017 Enforcement - Appeals. (a) A person objecting to or disagreeing with any decision made pursuant to Sections 414-4.403 and 414-4.605, and/or the pertinent regulations thereto, may appeal the decision to the health officer. All requests for this appeal hearing shall be in writing and must be received by the health officer within ten days after notice of the deci- sion was mailed. All requests for the appeal hear- ing must be accompanied by the appropriate fee. A hearing on the appeal shall be held within fifteen days after the request for appeal is re- ceived by the health officer. (b) Appeals may be taken from the results of any hearing held pursuant to Sections 414-4.109,414-4.1011,414-4.1013,414-4.1015 and subsection (a) to the board of supervisors by a written notice of appeal stating fully the matters or action appealed from and the grounds for the appeal. The notice shall be fIled with the clerk of the board within fifteen days of the action appealed from. The board shall then schedule the appeal for a hearing within thirty days of the fIling of the notice of appeal. (Ord. 81-56 ~ 1). 414-4.1019 Enforcement - Penalties. Any person violating this chapter or regulations issued hereunder, by failing to submit plans, ob- tain necessary inspections and approvals, or pay fees, or by commencing or continuing con- struction or remodeling in violation hereof, shall pay triple the appropriate fee as a penalty and remain subject to other applicable penalties and enforcement procedures authorized by the state law and/or this code. (Ords. 81-56 ~ 1, 78-43 ~ 3: 420-6.022 (d): Ords. 73-100, 1468: prior code ~ 4651: Ords. 1440 ~ II, 640 ~ IV). 414-4.1021 Enforcement - Other require- ments. A permit or license issued under this chapter does not relieve the permittee or licensee from compliance with applicable federal, state, or local laws and regulations or other required permits or licenses. (Ord. 81-56 ~ 1). 414-4.1023 Guarantee of performance. (a) Performance Bond. Prior to the issuance of a permit, the applicant shall post with the health officer a cash deposit or bond guaranteeing com- pliance with the terms of this chapter and the applicable permit, such bond to be in an amount deemed necessary by the health officer to 118-3 (Contra Costa County 11-81) 414-4.1201-414-6.210 HEALTH AND SAFETY remedy improper work but not in excess of five thousand dollars. (b) Continuous Performance Bond. In lieu of furnishing a separate bond for each permit as provided above, a licensed contractor may deposit with the health officer a surety bond or cash deposit in the amount of five thousand dollars, which bond or cash deposit shall be available to the county to remedy any improper work done by the contractor pursuant to any permit issued under this chapter. (Ord. 81-56 ~ 1). Article 414-4.12 Fees 414-4.1201 General. The following non- refundable fees shall be paid to the health officer at the time of filing for or requesting an investigation, test, inspection or permit required by this chapter. No fees are required when the health officer receives from the applicant a written statement by a district or city govern- ing body indicating that an approved domestic water supply is available and adequate to handle the additional volume of water required for the proposed improvement. (Ord. 81-56 ~ 1). 414-4.1203 Subdivisions. The fees for a sub- division proposing to use individual water systems are: (a) Subdivision - Site evaulation 2 - 4 lots, per lot. . . . . . . . . . . . . ..$ 25.00; 5 or more lots, maximum . . . . . . . '.' 150.00. (b) Appeal (hearings called pursuant to Section 414-4.1019(b)). . . . . . . . . . .$100.00. (Ord. 81-56 ~ 1). 414-4.1205 Individual water system/well. (a) For layout, permit and inspections of each individual water system/well. . . . . . . . . . . . . . . . . . . . ..$ 60.00; (b) For review of an existing individual water system/well. . . . . . . .. 40.00; (c) For inspection of abandoning or sealing of a well. . . . . . . . . . . . . . . .. 25.00; (d) For each reinspection. . . . . . . " 25.00; (e) Appeal (hearings called pur- suant to Section 414-4.1019(b)). . . . .. 100.00. (Ord. 81-56 ~ 1). (Contra Costa County 11-81) Chapter 414"() TRANSPORTING WATER FOR DOMESTIC USE Article 414..().2 General Sections: 414-6.202 Applicability. 414-6.210 Definitions. 414-6.212 Domestic use. 414-6.214 Health officer. 414-6.216 Person. 414-6.218 Transport water. 414-6.220 Watervehic1e. Article 414-6.4 Enforcement Sections: 414-6.402 Permit required. 414-6.404 Investigations. 414-6.406 Regulations. Article 414..().6 Permits Sections: 414-6.602 Application. 414-6.604 Fees. 414-6.606 Permit. 414-6.608 Revocation. 414-6.610 Emergency suspension. Article 414..().8 Other Requirements Sections: 414-6.802 414-6.804 414-6.806 414-6.808 Equipment and treatment standards. Water quality standards and filling points. Records. Vehic1eidentification. Article 414-6.2 General 414..().202 Applicability. The provisions of this chapter supersede any inconsistent provisions elsewhere in this code, and they apply whether or not the acts are performed for compensation; but they do not apply to any person providing pure potable water for his own single-family dwelling or to water regulated by Health & Safety Code Sections 4010 ff. and 4040 ff. (Ord. 77-50 ~ 1 (part)). 414-6.210 Def'mitions. Unless otherwise specially provided, or required by the context, the following terms have these meanings in this chapter. (Ord. 77-50 ~ 1 (part)). 118:4 TRANSPORTING WATER FOR DOMESTIC USE 414-6.212 Domestic use. "Domestic use" means use for human consumption or household, and use in any facility patronized by the public. (Ord. 77-50 ~ 1 (part)). 414-6.214 Health officer. "Health officer" includes any subordinate(s) she designates from time to time for any or all of her functions hereunder. (Ord. 77-50 ~ I (part)). 414-6.216 Person. "Person" means, in addition to the definition contained in Section 16-4.002, a public or governmental agency. (Ord. 77-50 ~ 1 (part)). 414-6.218 Transport water. To "transport ~ater" means to move water by a water vehicle or by any other means not regulated by Health & Safety Code Sections 4010 ff., for supplying, distributing, or delivering it for domestic use. (Ord. 77-50 ~ 1 (part)). 414-6.220 Water vehicle. "Water vehicle" means any tank, tank truck, tank car, or other vehicle, container or conduit used to transport water. (Ord. 77-50 ~ 1 (part)). Article 414-6.4 Enforcement 414-6.402 Permit required. No person shall transport water without having a currently valid, unrevoked, unsuspended permit hereunder. (Ord. 77-50 ~ 1 (part)). 414-6.404 Investigations. To enforce this chapter, the health officer may enter and may inspect any premises, operations, work, or thing regulated hereby, at reasonable times and with such notice to the owner, occupant, possessor, operator, applicant, or permittee, as is reasonable and practicable under the circumstances. (Ord. 77-50 ~ 1 (part)). 414-6.406 Regulations. The health officer is responsible for enforcing this chapter. She may, with board approval, issue regulations necessary to effect these purposes and provisions, which regulations become effective when filed with the board's clerk with proof of posting in the health department. (Ord. 77-50 ~ 1 (part)). 118-5 414-6.212-414-6.406 (Contra Costa County 11-81) TRANSPORTING WATER FOR DOMESTIC USE Article 414-6.6 Permi ts 414-6.602 Application. Every applicant for a permit hereunder shall file with the health officer on a form furnished and approved by her, an application therefor, containing the following information: ( 1) Firm name, address and telephone num ber; (2) Operator's name, home address and home telephone number; (3) Owner of water source, name of system, location and/or identification of filling poin t; (4) Name and address of laboratory performing bacteriological and chemical tests; (5) Base location of water vehicle(s); (6) Number of water vehicles and the make, model, year, license number of each; (7) Description of water container(s): material, shape, capacity, number; (8) Previous use(s) of containers; (9) ,Method used to clean and disinfect containers; (10) Name of customer(s), point(s) of discharge (address(es)), and gallons discharged. (Ord. 77-50 S 1 (part)). 414-6.604 Fees. (a) Fees. The applicant shall accompany the application with the following fees for the calendar year, which are not proratable, and are not refundable after a permit has been issued: (1) Water transportation business .... $100 (2) Each water vehicle. . . . . . . . . . . .. 40. (b) Penalty. Any person failing to submit an application or obtain an approval, or starting a water transportation business, contrary to the provisions of this chapter, shall pay a penalty of triple the fee(s) otherwise required plus any normal fee(s) required, and remains liable for other enforcement and punishment procedures as may be provided for. (Ord. 77-50 S 1 (part)). 414-6.606 Permit. (a) Issuance. The health officer shall approve, conditionally approve, or deny the application, and issue or withhold the permit accordingly, on the basis of compliance with this chapter and her regulations. (b) Conditions. Conditions may include requirements for sanitizing containers, regular bacteriological and chemical testing in accordance with Sections 7010-7025 of Title 17 of the California Administrative Code, higher 414-6.602-414-6.802 chlorine residual, recordkeeping, requirements for labeling containers, and others the health officer deems appropriate. (c) Duration. Permits are not valid beginning the January 1 st following their issuance. (d) Renewal. Renewal of permits are to be processed and paid for as though they were applications for new permits. (Ord. 77-50 S 1 (part) ). 414-6.608 Revocation. If the health officer determines that a permittee is violating any condition of his permit or any law or regulation of this state or county relating hereto, she may revoke it after giving the permittee an opportunity for a hearing. The health officer shall notify the permittee of her intention to revoke, stating that the permittee has ten calendar days within which to request a hearing or the permit will be revoked. The health officer must hold a hearing within ten calendar days of a request. Service shall be personal or mail addressed to the permittee at the business address shown on the application. (Ord. 77-50 S 1 (part)). 414-6.610 Emergency suspension. If the health officer determines that water regulated by this chapter is polluted or contaminated in a manner that is immediately hazardous to public health, she may immediately suspend the permit. Within forty-eight hours of revocation, she shall serve written notice of suspension on the permittee, who may then request a hearing as in revocations; otherwise the permit is revoked. (Ord. 77-50 S 1 (part)). Article 414-6.8 Other Requirements 414-6.802 Equipment and treatment standards. Every water vehicle shall meet the followng requirements: (1) The container and equipment, if they carried any substance other than safe, potable water, shall be adequately cleaned and sanitized. (2) Water shall be chlorinated at the time the container is filled so that there will be a residual of not less than 0.5 ppm at the time of delivery, or after thirty minutes, whichever is the longer time, but where necessary to protect the public health, the health officer may make conditions to require a higher chlorine residual. (3) Tanks and containers intended to hold 119 (Contra Costa County 5 -81) 414-6.804-414-6.808 HEALTH AND SAFETY water intended for domestic use shall be made of nontoxic material and be so constmcted that every portion of the interior can be easily . cleaned. (4) Piping, valves and permanent or flexible connections shall be made of nontoxic material and shall be accessible and easy to disconnect for cleaning purposes. (5) The inlet and all openings to every tank or container shall be so constmcted and operated as to prevent the possibility of foreign material likely to contaminate or pollute the water from entering or coming into contact with said water. ( 6 ) Ou tlet connections shall be so constructed and protected that no foreign material likely to contaminate or pollute the water can come in contact with the outlet when not in use or with the water during time of delivery. (Ord. 77-50 @ 1 (part)). 414-6.804 Water quality standards and fIlling points. (a) Water transported for domestic use shall be obtained only from a system operating under a valid permit from the State Department of Health or approved by the health officer as meeting all standards for potable water established in Sections 7010 through 7025 of Title 17, California Administrative Code. (b) The outlet connections of filling points shall be so constructed and protected that no foreign matter likely to contaminate or pollute the water can come in contact with the outlet when not in use or with the water during the time of delivery. (Ord. 77-50 @ I (part)). 414-6.806 Records. (a) Every person regulated by this chapter shall maintain and submit to the health officer, on demand, such records concerning water transportation as she may require for determining compliance with this chapter. (b) Records shall include a monthly statement containing, but not limited to, the following: (1) Name and address of premises receiving service during the month; (2) Total gallons of water delivered during the month; (3) Record of the results obtained from any analysis or tests of the water performed by any state approved laboratory; ( 4) Record of any changes in transportation or distribution equipment during the month. (Ord. 77-50 @ 1 (part)). (Contra Costa County 5.81) 414-6.808 Vehicle identification. The operator or owner of every water vehicle shall show plainly on both its sides in letters at least three inches high his name and address or other information sufficient to permit identification. (Ord. 77-50 @ 1 (part)). Division 416 ANIMALS* Chapters: 416-2 Definitions 416-4 General Provisions 416-6 Individual Licenses 416-8 Impoundment 416-10 Rabies Control 416-11 Wild or Exotic Animals 416-12 Miscellaneous 416-14 Rat Control 416-16 Mink Raising Chapter 416-2 DEFINITIONS Sections: 416-2.002 416-2.004 416-2.006 416-2.008 416-2.010 Generally. Animal services director. City. Licensing authority. Owner. *For the statutory provisions regarding animals running at large in general, see Agric. C. S 16301 ff; for the statutory authority of counties to maintain, regulate and govern public pounds, fix the limits within which animals may not run at large and ap- point poundkeepers, see Gov. C. s 25802; for the authority to tax the possessors of dogs and to direct the application of the tax, see Gov. C. S 25803. For the provisions regarding the local enforcement of a county department of agriculture and the appointment of a county agriculture commissioner, see Agric. C. S 2001 ff. Prior ordinance history for Chapters 416-2,4164,416-6,416-8, 416-10 and 416-12: Ords. 79-31; 79-17 ss 1,3; 76-95 s 1; 76-66; 76-51; 7543; 75-27; 73-97; 73-75; 71-99 s 2; 70-52 ss 1,2,3; 69-79; 69-77; 69-16; 67-30; ss 32-2.636,51-2.441, 51-2.476,416-2.004; prior code ss 5101(g), 5102(a), 5103(g), 5107, 5108, 5109, 5110; Ords. 1749; 1698; 1653; 1521; 1340 ss 2G, 3, 4C, 4G, 8, 10; 1186 ss 2G, 3, 4A, 4C, 8, 9E, 10; 549 ss 5,7, 12; 317; 307; 246 ss 4,5,8; 159 s 1; 111 s 5, 15; 59 s 3; 53; 39; 38; 35; 24; 23; 13; 8; 7; 6; 5; 4; 3; ss 1,3. 120 DOG LICENSES 416-6.010 Each application for a dog license tag shall be on the licensing authority's ....forms, state the age, sex, color and breed of the dog for which the license is desired and the name and address of the owner. (b) Endorsement. The licensing authority shall endorse upon the application for a dog license tag the number of the license tag issued. All applications which have been endorsed shall be kept on file in the office of the licensing authority, open to public inspection. (c) Rabies Certificate. During the periods when the State Director of Public Health declares this county to be a rabies area, a valid certificate of rabies vaccination shall be provided to the licensing authority before a license will be issued. (Ord. 69-16 S 1 (part), 1969): 416-6.010 Kennels and fanciers. (a) A 120-1 (Contra Costa County 9-15-75) 416-2.012 416-2.014 416-2.016 License tag. Veterinarian. Wild or exotic animal. 416-2.002 Generally. As used in Division 416, the following terms have the meanings set forth in this chapter, unless the context clearly requires otherwise. (Ord. 80-97 !l 2). 416-2.004 Animal services director. "Animal services director" means the head of the animal services department and his or her designated subordinates. (Ord. 80-97 !l 2). 416-2.006 City. "City" means any city in this county which has adopted an ordinance under Agricultural Code !l 30501, requesting the application of this division within the city. (Ord. 80-97 !l 2). 416-2.008 Licensing authority. "Licensing authority" means the authority designated by the board of supervisors by resolution. (Ord. 80-97 !l 2). 416-2.010 Owner. "Owner" includes the legal owner, equitable owner, and any person, association, partnership, or corporation harbor- ing or having custody or control of an animal. (Ord. 80-97 !l 2). 416-2.012 License tag. "License tag" means a numbered tag, stamped with the name of the county, and issued by the licensing authority for the purpose of identifying the owner and the dog or cat described in the license application and worn by that dog or cat. (Ord. 80-97 !l 2). 416-2.014 Veterinarian. "Veterinarian" means a person authorized to practice veterinary medicine in California. (Ord. 80-97 !l 2). 416-2.016 Wild or exotic animal. '''Wild animal" or "exotic animal" means any of the following: (1) Any animal described in California Fish and Game Code Sections 2116 and 2118 ; (2) Any animal described in any addition to Fish and Game Code Section 2118 by regulation of the Fish and Game Commission as provided in Section 21180); (3) Class Aves: (birds) (a) Order Fa1coniformes (including, but not limited to, hawks, eagles, and vultures), GENERAL PROVISIONS 416-2.002-416-4.202 (b) Subdivision Ratitae (including but not limited to, ostriches, rheas, cassowaries, and emus) ; (4) Class Reptilia: (snakes, lizards, turtles, alligators) (a) Order Ophidia (including, but not limited to; racers, boas, water snakes, and pythons) over six feet long, (b) Order Loricata (including, but not limited to, alligators, caymans, and crocodiles) over twelve inches long; (5) Any class, order, family, genera, or species of wild animals which may be designated by the animal services director as a menace to public peace, health or safety, or to native wild- life or agricultural interests, by written designa- tion filed with the clerk of the board of super- visors; (6) Any nondomestic species when kept, maintained or harbored in such numbers or in such a manner as to create or constitute a nuisance or, in any event, a likelihood of danger to such animals, other animals, the environment or the persons or property of human beings; (7) Any species of animal which is venomous to human bein~s, whether by bite, sting, touch or otherwise, except honey-producing bees. (Ord. 80-97 !l 2). Chapter 416-4 GENERAL PROVISIONS Article 416-4.2 Sections: 416-4.202 416-4.204 Control Animal services director. Officers' status, weapons and arrests. Statutory provisions incorporated by reference. Application to cities. Restraint 416-4.206 416-4.208 Article 416-4.4 Sections: 416-4.402 Animals at large. 416-4.404 Abandonment. 416-4.406 Prohibition. Article 416-4.6 Enforcement Sections: 416-4.604 Penalties. Article 416-4.2 Control 416-4.202 Animal services director. (a) The county's animal control activities are functions 121 (Contra Costa County 5-81) 416-4.204-416-4.402 HEALTH AND SAFETY of the animal services department under the animal services director. The animal services director shall supervise, control and report concerning such activities as provided in this Ordinance Code and in Chapters 1 and 2 of Division 2 of the Food and Agricultural Code (Sections 2001 ff); and he or she is the appoint- ing authority for the other positions in the department. (b) The animal services director is authorized to adopt regulations to interpret and carry out the provisions of Division 416 of this code. (c) The animal services director may adopt regulations exempting: (1) Handicapped people and animals being raised, trained or used to aid handicapped people; (2) Police dogs on duty; (3) Persons participating III animal rescue programs; from specific requirements of Division 416 of this code. (Ord. 80-97 S 2). 416-4.204 Officers' status, weapons and arrests. The animal services director and the sub- ordinate animal control officers, when acting in the course and scope of their employment, are as a class designated as entitled to carry weapons within the meaning of Penal Code Section 12031, and as public officers for the purposes of enforcing all laws on animal control, and they are authorized to arrest persons for violation of these laws pursuant to Section 14-2.203. (Ord. 80-97 S 2). 416-4.206 Statutory provisions incorpo- rated by reference. The provisions of Agricul- tural Code Sections 30801, 30802, 30803, 30804,30805,30952,31107,31108,31251, 31252 and 31254 are incorporated in this division by reference, and by express adoption of the substance of some of them herein, pur- suant to Agricultural Code Section 30501 (and this adoption includes subsequent amendments and successors thereto); but if it is held invalid to thus directly include the substance of these statutory provisions in Division 416, they are incorporated herein by reference. (Ord. 80-97 S 2). 416-4.208 Application to cities. Division 416 applies to any city in this county which has requested or requests such application by adopting any ordinance under Agricultural Code (Contra Costa County $-81) Section 30501 and contracting for animal con- trol services. (Ord. 80-97 S 2). Article 416-4.4 Restraint 416-4.402 Animals at large. (a) No person owning, possessing, harboring, or controlling any animal shall allow such animal to be at large. (b) As used in this section, "at large" means an animal which either: (1) In the case of dogs, is not under effec- tive restraint by a leash; or (2) In the case of animals other than dogs or cats, is not in the immediate presence and under the effective control of such person; or (3) Is tethered or leashed on any street, or other public place, not set aside for such tether- ing or leashing for a period of longer than fifteen minutes, or in such a way as to block a public walkway or thoroughfare; or (4) Is pastured, tethered, tied, or otherwise present on private property or in any public building without the consent of the owner or occupant; or (5) Is in any place or position with the capa- city to injure persons or property; or (6) Fights, bites, or causes harm to any other animal or person unless such animal or person has entered the private property owned by, or in the possession of the person owning or con- trolling the offending animal without permission when such property is properly fenced and posted as to the presence of the offending animal; or (7) Is not on the private property owned by, or in the possession of, the person owning or controlling the animal and is not wearing a re- quired license tag; or (8) Is left at any place without provision for its care. Provided, nevertheless, that a dog is not re- quired to be under restraint by a leash when the dog has not strayed from and is upon private property owned by, or in the possession of, the person owning or controlling the dog. (c) Exemptions. A working dog, performing acts such as herding under the control and super- vision of owner/handler shall not be considered at large while performing his duties. A hunting, obedience, tracking or show dog shall not be considered at large while performing in the above capacities. Dogs being exercised under the control of their owners in public areas 122 RABIES CONTROL 416-10.004 disposition as provided in this chapter. (Ord. 69-16 S 1 (part), 1969). 416-10.004 Responsibility of health officer. The county health officer shall supervise rabies control. If he finds that rabies exists in this county, he shall take the control measures that he finds necessary and proper to abate the condition; and he may quarantine any animal to protect the public health. All county officers and employees, including the animal control director, shall cooperate with and assist the health officer in carrying out any measures necessary for rabies control. (Ord. 69-16 S 1 (part), 1969). 122-1 (Contra Costa County 3-15-76) designated for animal exercise shall not be considered at large. (d) Females in Heat. In the case of female dogs or cats in heat and for the purposes of Food and Agricultural Code Section 30954, "at large" means outside a house, vehicle, or other secure enclosure adequate to prevent unplanned male access. (e) Animals in Vehicles. (1) A dog or any other animal in or upon a vehicle is deemed to be upon the property of the operator of such vehicle. No dog or any other animal shall be transported on any public thoroughfare in any vehicle unless such dog or animal is totally enclosed within such vehicle, within a secured container carried upon such vehicle, or securely cross-tethered to such vehicle in such a way as to prevent a falling out of or off such vehicle, and to prevent injury to the animal. (2) No dog or any other animal shall be left completely enclosed in a parked vehicle without adequate ventilation, or in such a way as to sub- ject the animal to temperatures sufficiently above ambient to affect the animal's health and welfare. (Ord. 80-97 ~ 2). 416-4.404 Abandonment. No owner of an animal shall abandon it. (Ord. 80-97 ~ 2). 416-4.406 Prohibition. No animal services officer shall act in violation of Government Code Section 53072. (Ord. 80-97 ~ 2). Article 416-4.6 Enforcement 416-4.604 Penalties.' Notwithstanding Sec- tion 14-8.004, and pursuant to Food and Agri- cultural Code ~ 31401, violations of Division 416 of this code, excepting Chapter 416-10 and Article 416-12.2, are punishable by a fine of not more than fifty dollars for the first offense, and not more than one hundred dollars for the second or subsequent offense. (Ord. 80-97 ~ 2). Chapter 416-6 INDIVIDUAL LICENSES Article 416-6.0 Licenses Sections: 416-6.002 Dog and cat licenses. INDIVIDUAL LICENSES 416-4.404-416-6.004 416-6.004 Exem ptions. 416-6.006 Tags. 416-6.008 Applications. 416-6.010 Lost tags. 416-6.012 Periods. 416-6.014 Fees. 416-6.016 Prohibition. Article 416-6.2 Multiple Pet Licenses Sections: 416-6.200 License required. 416-6.202 Applications. 416-6.204 License approval. 416-6.206 Fees. 416-6.210 Exemptions. 416-6.212 Late fees. 416-6.214 Dog tags. 416-6.216 Breeding limitation. 416-6.218 Existing licensees. Article 416-6.4 License Revocation Sections: 416-6.400 416-6.402 416-6.404 License revocation. Inspection. Documents. Article 416-6.0 Licenses 416-6.002 Dog and cat licenses. (a) Every person owning, possessing, harboring, or having custody of any dog over four months old' shall annually obtain a license and pay a license fee. (b) Every such person shall obtain a license within thirty days after a dog reaches the age of four months. (c) Every such person shall~lJtain a license within thirty days after acquiring' a dog over four months old. (d) Any added late fee shall be charged for late licensing. (e) Any person may voluntarily license any domestic cat subject to proper application and payment of the required license fee. (f) Any person who transfers any licensed dog or cat to another person and any person who acquires a licensed dog or cat must give written notice of the name and address of the person to whom possession is transferred and of the person acquiring such animal, and the li- cense tag number, to the animal services depart- ment within thirty days. . (g) No person shall own, possess, harbor, or keep any dog over four months old without a license for which all fees have been paid; but this does not apply during the thirty-day grace 123 (Contra Costa County 5-81) 416-6.004-416-6.202 HEALTH AND SAFETY period under subsections (b) and ( c) of this section. (Ord. 80-97 S 2). 416-6.004 Exemptions. (a) Nonresidents. The provisions of this article shall not apply to dogs or cats whose owners are nonresidents temporarily within the county for thirty days or less, nor to dogs or cats brought into the county to participate in any dog or cat show or field trial. (b) Handicapped. Dogs being raised, trained and used to aid handicapped persons shall be licensed without fee. (c) Government. Dogs owned or used by the county, municipal corporations, or other public agencies shall be licensed without fee. (d) Senior Citizens. One dog kept in a house- hold where the owner of the dog is over the age of sixty-five shall be licensed without fee. (Ord. 80-97 S 2). 416-6.006 Tags. The licensing authority shall issue dog or cat license tags, stamped or imprinted with the name of the county of Contra Costa and an identification number. (Ord. 80-97 S 2). I . I 416-6.008 Applications. (a) Application for dog or cat licenses shall be made in writing to the licensing agency on forms approved by the licensing agency, and shall include for each animal: name and address of owner; age, sex, color, breed, and description of the animal; and current rabies certificate issued by an authorized veterinarian. In addition, the applicant $hall certify to receipt of a copy of Article 416-4.4 of this division. (b) Tag Numbers. The licensing authority shall enter on the application the number of the license tag issued. All applications shall be kept on file in an office of the licensing authority, open to public inspection during the term of the licenses applied for. (Ord. 80-97 S 2). 416-6.010 Lost tags. Whenever a license tag has been lost or destroyed, a duplicate shall be issued by the licensing authority upon payment of the established fee. (Ord. 80-97 S 2). 416-6.012 Periods. Licenses shall be valid for such periods, and license fees shall become due and payable at such times as shall be deter- mined by the board of supervisors. Late fees shall accrue if a license fee is unpaid within sixty (Contra Costa County 5-81) days after it is due and payable. (Ord. 80-97 S 2). 416-6.014 Fees. License fees, late fees and replacement fees shall be established by resolu- tion of the board of supervisors. (Ord. 80-97 S 2). 416-6.016 Prohibition. No person may use any license for any animal other than the animal for which it was issued. (Ord. 80-97 S 2). Article 416-6.2 Multiple Pet Licenses 416-6.200 License required. (a) No more than three dogs and no more than five cats over six months of age, may be kept, harbored, pos- sessed or maintained for more than thirty days in a single dwelling or business unit without a multiple pet license in an area zoned for uses other than agriculture. (b) No more than twenty dogs and no more than twenty cats over six months of age, and no dogs or cats for commercial purposes may be kept, harbored, possessed or maintained in any single dwelling or business unit without a kennel license. Commerical purposes shall include but not be limited to: boarding, training, or whole- saling of animals; but, shall not be construed to mean the sale of individual animals to private owners. (Ord. 80-97 S 2). 416-6.202 Applications. (a) Application for a multiple pet license shall include an applica- tion fee and shall be made in writing to the animal services director, who shall issue the li- cense when the application is approved. (b) Application for a kennel license shall in- clude an application fee and shall be made in writing to the director of planning, who shall issue the license jointly with the animal services director if the application is approved. (c) The director of planning and the animal services director m.ay jointly or severally promul- gate regulations governing the application for, and issuance of, kennel licenses. (d) Applications for multiple pet licenses or kennel licenses shall show that the following conditions have been met: (1) Facilities exist at the location to adequately secure, feed, house and maintain the animals; 124 (2) Possession and maintenance of the animals at the location has not resulted in, and is not likely to result in the animals being subjected to neglect, suffering, cruelty or abuse; (3) Neither the applicant, the owner, nor the possessor of the animals has had a county license revoked, or been convicted for a violation of this division or any law regulating animals within one year; . (4) All dogs maintained under a multiple pet license shall be confined on the premises and shall be enclosed in a secure shelter during the hours of darkness, except when they are shown, exercised, tried, worked, hunted, or trained under the owner's control. The required showing may be made by declaration under penalty of peIjury. (e) Each application fora multiple pet license or kennel license must list every dog to be in- cluded. An updated list shall be submitted to the animal services director upon application for a renewal of a multiple pet license. Each applica- tion must also include a current rabies immuni- zation certificate issued by an authorized veterinarian for every dog listed. (Ord. 80-97 ~ 2). 416-6.204 License approval. (a) At the re- ceipt of a complete application for a multiple pet license, the animal services director may in- vestigate the application including investigation of the premises at which the animals will be kept prior to the approval of the application. (b) In the case of kennels, after receipt of a complete application the animal services director or the director of planning may investigate the application including the premises on which the kennel will be operating, and shall ascertain that the kennel is authorized by a land use permit prior to approval of the application. (c) The animal services director or the director of planning may require such informa- tion pertinent to the keeping of the animals from an applicant as they deem necessary with respect to their action on a multiple pet or kennel license application or renewal applica- tion. (d) The animal services director or the director of planning may impose conditions on the approval or renewal of any multiple pet or kennel license. Such conditions must be in writing and must serve animals, or the public health, welfare, convenience or necessity. INDIVIDUAL LICENSES 416-6.204-416-6.212 (e) Prior to the denial of any multiple pet li- cense or renewal thereof, or any approval to which conditions are attached, the animal services director shall notify the applicant in writing of the intended action. Any conditions to be attached to an approval or renewal shall be specified in the notice. The applicant, in writing, may request a hearing before the animal services director within five days after receipt of such notice if he/she wishes to contest a decision of denial or approval with conditions. If the applicant requests a hearing, the animal ser- vices director shall give the applicant no less than five days' notice, in writing, of the time and place of such hearing, by mail. After hearing, the animal services director shall deter- mine whether the license should be issued, issued subject to conditions, or denied. (f) A multiple pet license shall be renewed without review upon the filing of a complete application and payment of the necessary fees unless renewal has been protested or the animal services department has received or lodged two or more complaints concerning the licensed lo- cation within the last year. (Ord. 80-97 ~ 2). 416-6.206 Periods. Multiple pet licenses and kennel licenses shall be valid for such periods not less than one year, and the license fees shall become due and payable at such times, as shall be determined by resolution of the board of supervisors. (Ord. 80-97 ~ 2). 416-6.208 Fees. Multiple pet license fees, kennel license fees, application fees, and late li- cense fees shall be established by resolution of the board of supervisors. Separate fee schedules may be established for dog enthusiasts or cat fanciers. (Ord. 80-97 ~ 2). 416-6.210 Exemptions. Multiple pet license fees and kennel license fees shall not be charged to veterinary hospitals, except when such hospitals offer boarding or breeding services separately from veterinary medical services. (Ord. 80-97 ~ 2). 416-6.212 Late fees. Late fees shall be pay- able upon failure to obtain a multiple pet license or a kennel license within sixty days of keeping, harboring, possessing or maintaining animals in excess of those specified herein, or upon failure to pay a renewal license fee within sixty days after it is due and payable. (Ord. 80-97 ~ 2). 124-1 (Contra Costa County 5 -81) 416-6.214-416-6.404 HEALTH AND SAFETY 416-6.214 Dog tags. Any dog for which a license is required and which is covered under a multiple pet or kennel license, which is removed for more than one day from the licensed premises, shall wear its current, valid license tag unless performing in the capacity of hunting, working, obedience, tracking or showing. (Ord. 80-97 ~ 2). 416-6.216 Breeding limitation. (a) No person, except as provided below, shall allow the parturition and rearing of more than one litter of dogs and one litter of cats in anyone calendar year. (b) Persons holding multiple pet or kennel licenses may allow the parturition and rearing of no more than one litter per bitch registered by a nationally recognized dog registering body and one litter per queen registered by a nationally recognized cat registering body, in anyone calendar year. (Ord. 80-97 ~ 2). 416-6.218 Existing licensees. Persons holding dog fancier licenses or commercial kennel licenses on the effective date of this article are entitled to a multiple pet license, and persons holding a commercial kennel license, without prior approval, upon filing complete application documents and tendering the re- quired fees. (Ord. 80-97 ~ 2). Article 416-6.4 License Revocation 416-6.400 License revocation. (a) A license may be revoked by the animal services director on one or more of the following grounds: (1) Falsification of facts in the license appli- cation; (2) Violation of any provisions of this divi- sion or any California state law, statute, rule, order or regulation governing the activity for which the license was issued; (3) Conviction of cruelty to animals in this . or any other state; (4) Failure to meet and maintain the condi- tions of the license; (5) Inhumane and/or cruel treatment of animals; (6) Violations of health and sanitation codes. (b) Prior to revocation of a license, the animal services director shall hold a public hear- ing to determine whether the grounds described in subsection (a) of this section exist. (Contra Costa County 5-81) (c) At least' ten days prior to hearing the animal services director shall mail or otherwise deliver to the possessor of the animals a notice containing a statement of the charges support- ing license revocation and/or impoundment and notice of the time and place of hearing before the animal services director as to the truth of the charges. (d) If the animal services director determines, after hearing, that charges supporting such action are true, he/she may revoke the license and may impound any animals covered under such license. (e) On revocation of license, if the cause is not inhumane treatment of animals or violation of health and sanitation codes, the owner of the license so revoked shall have a sixty-day grace period prior to the effective date or revocation to attempt to find new adoptive owners for the animals involved. (t) If a license has been denied or revoked for cause, the animal services director shall not accept a new application by the same person less than twelve months after such denial or revoca- tion unless the applicant affirmatively shows, and has verified by the animal services director, that the grounds upon which the first license or application was denied or revoked no longer exist. (g) On revocation of license, no part of the license fee shall be refunded. (Ord. 80-97 ~ 2). 416-6.402 Inspection. For the sole purposes of determining inhumane treatment of animals and/or violations of state and local health and sanitation laws, the animal services director, upon reasonable notice and having in his/her possession a search warrant, shall be permitted to inspect all animals, and the premises so speci- fied in said search warrant. at which any such animal(s) are kept, harbored, possessed or main- tained. (Ord. 80-97 ~ 2). 416-6.404 Documents. (a) The animal ser- vices director may require any person owning, possessing, harboring, or controlling any animal for which a license or permit is required under Division 416 to produce any required license, permit, or certificate of rabies vaccination for inspection. (b) Any person subject to the provisions of subsection (a) of this section who fails to pro- duce a required license, permit, or certificate of rabies vaccination for inspection by the animal 124-2 services director after a demand for inspection, is in violation of this Ordinance Code. (Ord. 80-97 S 2). Chapter 416-8 IMPOUNDMENT Sections: 416-8.002 416-8.004 416-8.006 416-8.008 416-8.010 416-8.012 416-8.014 416-8.016 Impoundment required. Exceptions. Holding period~Notice. Summary destruction. Owner claims. Impoundment fees. Abandonment. Adoption. 416-8.002 Impoundment required. (a) All dogs found at large in violation of the provisions of Division 14 of the Agricultural Code, or any provisions of Division 416 of this Ordinance Code, shall be taken up and impounded, and are subject to destruction by humane injection. (b) All animals, including dogs and cats, that are abandoned, found at large, taken into custody by the animal services' director, or otherwise found to be in violation of Division 416 of the Ordinance Code, shall be taken up and impounded, and are subject to destruction by humane injection. (c) Any person taking up and/or holding a stray animal the owner of which is unknown or cannot be immediately contacted, shall notify the animal services department within twenty- four hours and, upon request, shall immediately surrender it for impounding. Any person participating in a rescue program authorized for such purposes by the animal services director is exempt from the surrender requirement. (Ord. 80-97 S 2). 416-8.004 Exceptions. The animal services director shall not impound any animal (includ- ing fowl) not otherwise in violation of Division 416, staked or tied for grazing on private property or any fowl at large on private prop- erty except on the complaint of the owner or occupant of the property, or of any other property if he claims injury. (Ord. 80-97 S 2). 416-8.006 Holding period ~ Notice. (a) Except for rabies control purposes, impounded IMPOUNDMENT 416-8.002-416-8.010 animals shall be kept at a facility of or autho- rized by the animal services department for seventy-two hours, except: (1) Stray dogs or cats with valid licenses shall be held ten days after written notice is mailed or otherwise given to the owner, if the owner is identified; and (2) Stray bovine animals, horses, mules or burros shall be held for five days and if un- claimed after that period, shall be disposed of in such manner as the board of supervisors shall specify by resolution. (b) If the owner of an impounded animal, other than a dog or cat with a valid license, is identified, the animal services department shall notify the owner by telephone or mail within two days after such identification and hold the animal for at least five working days after notice is mailed or otherwise given. (c) The animal services director may dispose of animals unclaimed after expiration of the holding period by humanely destroying them by injection or by placing the animal in an adoptive home. No live animal shall be released for teach- ing or experimental purposes. (Ord. 80-97 S 2). 416-8.008 Summary d~struction. The animal services director may, without waiting for the holding periods to elapse, cause any im- pounded animal to be destroyed when such an animal is severely injured, or infected with a dangerous or communicable disease, and only after reasonable efforts under the circumstances have been made to apprise the owner of such animal, if such owner can be reasona,bly identi- fied, of the condition of the animal. (Ord. 80-97 S 2). 416-8.010 Owner claims. (a) The owner of any impounded animal is liable for all accrued impoundment fees. The owner of any impounded animal may claim it from the animal services department before its destruction, sale, or other disposition, after obtaining all required licenses and permits and paying all accrued im- poundment fees. (b) If the owner claims that an animal was unlawfully impounded, the owner may request a hearing which shall be provided by the animal services director within three working days of such request. The animal services director shall hear the evidence and argument of the owner and make such further investigation as is deemed appropriate. The animal shall be released to the 124-3 (Contra Costa County 5-81) 416-8.012-416-10.006 HEALTH AND SAFETY owner without payment of fees or penalties, except applicable to license or permit fees, if the animal services director concludes there is reasonable doubt as to the lawfulness of the im- poundment. No fees shall be charged on account of continued impoundment after a hearing has been requested. (Ord. 80-97 ~ 2). 416-8.012 Impoundment fees. Impound- ment fees shall be established by resolution of the board of supervisors. The board of super- visors shall establish additional fees payable in the case of animals reclaimed for a second time within a twelve-month period and further addi- tional fees payable in the case of animals reclaimed three or more times within a twenty- four month period. As to the additional fees, an owner is entitled upon request to a hearing as provided in Section 4l6-8.010(b). (Ord. 80-97 ~ 2). 416-8.014 Abandonment. The refusal or failure of the owner of any animal to apply for all required licenses or permits, and to pay all applicable license, permit, and impoundment fees, within ten days after notice of impound- ment is mailed to such owner's last known address or otherwise given to such owner, con- stitutes abandonment and relinquishment of the owner's rights to the county. (Ord. 80-97 ~ 2). 416-8.016 Adoption. (a) Animals subject to disposition by the county may be sold if the animal services director finds that the sale of any such animal is not contrary to law, to policy of the department, or to the public interest. Dogs or cats may not be sold for purposes other than keeping of pets, and may not be sold without first having been licensed, neutered or spayed, and vaccinated against rabies, or a fee therefor having been deposited. (b) Fees for the purchase of animals from the animal services department shall be estab- lished by resolution of the board of super- visors. (Ord. 80-97 ~ 2). Chapter 416-10 RABIES CONTROL Sections: 416-10.002 Rabies impoundment. 416-10.004 Responsibility of health officer. (Contra Costa County 5-81) 416.10.006 Suspected rabies. 416-10.008 Bites. 416-10.010 Rabies reports. 416-10.012 Violation. 416-10.002 Rabies impoundment. All dogs in violation of the Rabies Control Act (Division 3, Chapter 3, Article 1 [~~ 1900 - 1922] of the Health and Safety Code) and all animals subject to the provisions of this chapter shall be quarantined or impounded, and are subject to destruction in some humane manner or to other disposition as provided in this chapter. (Ord. 80-97 ~ 2). 416-10.004 Responsibility of health officer. The county health officer shall supervise rabies control. If he/she finds that rabies exists in this county, he/she shall take the control measures that he/she finds necessary and proper to abate the condition; and he/she may quarantine any animal to protect the public health. All county officers and employees, including the animal services director, shall cooperate with and assist the health officer in carrying out any measures necessary for rabies control. (Ord. 80-97 ~ 2). 416-10.006 Suspected rabies. (a) Know- ledge and Report. If the owner and/or keeper of any animal observes or learns (from any source whatsoever) that the animal shows symptoms of rabies, that person shall immediately confine the animal in a veterinary hospital, an animal services department facility, or other adequate facility; including the owner's premises if approved by the animal services director; notify the animal services director, and make the animal available to the animal services director for examination and/or confinement. (b) Examination. The animal services director shall cause the animal to be examined by a veterinarian. (c) Confinement. If the animal services director, on the advice of a veterinarian, deems it advisable for the protection of the public health, he/she shall have the animal confined in a veterinary hospital, an animal services depart- ment facility, or other adequate facility, and shall keep the health officer advised of the animal's condition. (d) Release. No person shall release any animal so confined until release is authorized by the animal services director. 1 24-4 WILD OR EXOTIC ANIMALS (e) Charge. The animal's owner shall be charged for all costs incurred or fees applicable with respect to examination or confinement of the animal. (Ord. 80-97 ~ 2). 416-10.008 Bites. (a) Knowledge and Re- port. If the owner and/or keeper of any animal knows or learns from any source whatsoever, that the animal has bitten any person, any other animal, or has been bitten by another animal having rabies or reasonably suspected of having rabies, such owner or keeper shall immediately confine the animal in a veterinary hospital, an animal services department facility, or other adequate facility; notify the animal services director, and shall make the animal available to the animal services director for examination and/or confinement. The victim of such biting shall report the incident to the animal services director where the owner or keeper of the animal is unknown, or where the owner or keeper is unable or refuses to make the required report. (b) Examination. The animal services director may cause the animal to be examined by a veterinarian. (c) Confinement. The animal services director shall confine or have the animal confined in a veterinary hospital, an animal services depart- ment facility, or other adequate facility for the period prescribed by state law, and shall keep the health officer advised of the animal's condi- tion. (d) Release. No person shall release any animal so confined until release is authorized by the animal services director. (e) Charges. The animal's owner shall be charged for all costs incurred or fees applicable with respect to examination or confinement of the animal. (Ord. 80-97 ~ 2). 416-10.010 Rabies reports. (a) Rabies is declared to be a reportable disease. Every veterinarian practicing in this county and every person providing professional medical treat- ment for animal bite by an animal of a species subject to rabies shall immediately notify the health department whenever rabies is suspected. (b) Every veterinarian practicing in this county shall provide the animal services director with a copy of every rabies immunization certi- ficate which he/she issues. (Ord. 80-97 ~ 2). 416-10.008-416-11.006 416-10.012 Violation. Violation of this chapter, except fo.r the provisions of Section 4l6-1O.0l0(b), is a misdemeanor. Violation of Section 416-10.01 O(b) is subject to Article 416- 4.6 of this division. (Ord. 80-97 ~ 2). Chapter 416-11 WILD OR EXOTIC ANIMALS Sections: 416-11. 002 Registration required. 416-11.004 Registration form. 416-11.006 Impoundment. 416-11.008 Sale of wild animals. 416-11.010 Exemptions. 416-11.002 Registration required. All persons owning, maintaining, or possessing any wild or exotic animal must register such animal with the animal services director. (Ord. 80-97 ~ 2). 416-11.004 Registration form. All persons registering a wild or exotic animal with the animal services director shall submit the follow- ing information on a form provided by the animal services department: (1) The true name and address of the owner or possessor of such animal(s), and the names and addresses of two persons who may be con- tacted in case of emergency; (2) The number and true scientific name(s) of the type(s) of wild or exotic animal(s) for which registration is requested; (3) The address or place where the animal(s) will be located; (4) The purpose for which the animal(s) will be possessed; (5) If the animal(s) are described in Fish and Game Code ~ 2118, a copy of a current, valid permit from the st(j.te of California for possession of such animal(s); (6) Any other information as the animal services director may require; (7) There shall be no fee for registration of wild or exotic animals. (Ord. 80-97 ~ 2). 416-11.006 Impoundment. Any wild or exotic animal in this county which is at large, or for which the animal services director does not have a current registration, is subject to im- poundment under the provisions of Chapter 124-5 (Contra Costa County 5-81) 416-11.008-416-12.202 HEALTH AND WELFARE 416-8, at the discretion of the animal services director, or to summary destruction if the animal services director concludes that the animal poses a threat to public health and safety and cannot be immediately and safely im- pounded. (Ord. 80-97 S 2). 416-11.008 Sale of wild animals. Any per- son who transfers or sells any wild or exotic animal to another person in this county must give written notice of the name and address of the person to whom possession is transferred and of the person acquiring such animal to the animal services director within thirty days. (Ord. 80-97 S 2). 416-11.010 Exemptions. Any museum, educational institution or scientific research organization with a valid permit from the state or federal government for ownership, harbor- ing or maintenance of wild or exotic animals is exempt from the provisions of this chapter. (Ord. 80-97 S 2). Chapter 416-12 MISCELLANEOUS Article 416-12.0 Disposal Sections: 416-12.002 By owner. 416-12.004 Requested disposal. 416-12.006 Fees. Article 416-12.2 Nuisances Sections: 416-12.202 Animal noise. 416-12.204 Animal wastes. Article 416-12.4 Dangerous Animals Sections: 416-12.402 Dangerous animals. 416-12.404 Finding of danger. 416-12.406 Dangerous animal permit required. 416-12.408 Dangerous animal permit application. 416-12.410 Investigation. 416-12.412 Dangerous animal permit. 416-12.414 Permit conditions. 416-12.416 Permit revocation. 416-12.418 Fees. 416-12.420 Dangerous animal at large. 416-12.422 Impoundment pending hearings. (Contra Costa County 5-81) 416-12.4 24 Exception. Article 416-12.6 Performing Animals Sections: 416-12.602 Restrictions. 416-12.604 Equipment. Article 416-12.8 Sales or Gifts of Animals Sections: 416-12.802 Public display prohibited. 416-12.804 Sale of dogs or cats. Article 416-12.0 Disposal 416-12.002 By owner. Any person possess- ing a dead animal or fowl shall dispose of it in a safe and sanitary manner. Upon receipt of in- formation that the body of any animal or fowl has not been properly disposed of in accordance with this section, the animal services director shall dispose of the body. (Ord. 80-97 S 2). 416-12.004 Requested disposal. On request by any person, the animal services director may remove and dispose of any small animal such as dog, cat, fowl or rabbit lawfully in the posses- sion of the person. (Ord. 80-97 S 2). 416-12.006 Fees. Animal disposal services by the animal services director shall be subject to such fees as shall be established by resolu- tion of the board of supervisors. (Ord. 80-97 S 2). Article 416-12.2 Nuisances 416-12.202 Animal noise. (a) No person shall own, possess, harbor, control, or keep on any premises, any dog, fowl, or other animal, that barks, bays, cries, howls, or makes any other noise so continuously or incessantly as to unreasonably disturb the peace or quiet of any two persons living in different households within three hundred feet of the location of the dis- turbance. (b) Any person who shall keep or permit to remain on any premises any animal as defined in subsection (a) of this section is guilty of a violation of this division, provided that during the time that the animal is making such a noise, no person or other animal is trespassing or threatening to trespass or no person is teasing or provoking the animal. This section shall not be construed to prohibit the keeping of any I 24-6 watchdog, provided that the keeper thereof takes immediate steps to quiet such dog when- ever it barks, and provided that such keeper never leaves such dog unattended on the premises in a place where its barking, if pro- longed or repeated an undue number of times, disturbs the peace or quiet of any two persons living in different households within three hundred feet of the locations of the disturbance. (Ord. 80-97 ~ 2). 416-12.204 Animal wastes. Any person hav- ing the ownership, custody, or control of any animal which defecates on public walks, in pub- lic recreation areas, in public buildings, or with- out the owner's consent on private property, shall immediately remove the excrement from any such place to a site not prohibited by law. This restriction shall not apply in areas identified as horse trails or areas specifically set aside for exercise of animals. (Ord. 80-97 ~ 2). Article 416-12.4 Dangerous Animals 416-12.402 Dangerous animals. Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is rebuttably presumed dangerous: (a) An attack which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself peacefully and lawfully; (b) An attack on another animal or livestock which occurs off the property of the owner of the attacking animal; (c) An attack that results in an injury to a person in a place where such person is conducting himself peacefully and lawfully; (d) Any behavior that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peace- fully and lawfully. For the purposes of this section, a person is peaceably and lawfully upon the private prop- erty of an owner or possessor of the animal when he is on such property in the performance of any duty imposed upon him by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he is on such property upon invitation, express or implied. (Ord. 80-97 ~ 2). MISCELLANEOUS 416-12.204-416-120410 416-12.404 Finding of danger. After notice and hearing upon charges following the pro- . cedure expressed in Section 416-6.400, the animal services director may declare that an animal is dangerous and thereafter such animal is a dangerous animal. (Ord. 80-97 ~ 2). 416-12.406 Dangerous animal permit re- quired. No person shall own, maintain, or possess any dangerous animal without having obtained a permit from the animal services director, including payment of any and all fees required, and compliance with all conditions of such permit, within thirty days after a declara- tion that the animal is dangerous. (Ord. 80-97 ~ 2). 416-12.408 Dangerous animal permit appli- cation. An application for a dangerous animal permit shall include: (a) The true name and address of the appli- cant and of the owner or possessor of the animal, and the names and addresses of two persons who may be contacted in the case of emergency; (b) An accurate description of the dangerous animal for which the permit is requested; (c) The address or place where the animal will be located; (d) The purpose for which the animal will be possessed or kept; ( e) Such other information as the animal services director may require; and (f) An application fee, for each animal. (Ord. 80-97 ~ 2). 416-12.410 Investigation. (a) At the receipt of a complete permit application, the animal ser- vices director may investigate the application and may grant a county permit if in his/her discretion, he/she finds the following condi- tions satisfied: (1) Facilities exist at the location to adequately secure, feed, house and maintain the animal; (2) Possession and maintenance of the animal at the location is not likely to endanger the peace, quiet, health, safety or comfort of persons in the vicinity of the location; (3) Possession and maintenance of the animal at the location is not likely to be detri- mental to agriculture, native wildlife, or the pub- lic peace, health or safety in the county; 124- 7 (Contra Costa County 5-81) 416-12.412-416-12.424 HEALTH AND SAFETY (4) Possession and maintenance of the animal at the location has not resulted in, and is not likely to result in, the animal being subjected to neglect, suffering, cruelty, or abuse; - (5) Neither the applicant, owner, nor the possessor of the animal has had a county dangerous animal permit or any other license required under this division revoked, or been convicted of a violation of this division or any law regulating animals within three years; (6) Possession of the animal at the location specified will not violate any law, ordinance, or regulation. (b) Persons residing in the vicinity of the lo- cation shall be notified of the application and be given an opportunity for comment. (Ord. 80-97 S 2). 416-12.412 Dangerous animal permit. A county dangerous animal permit shall be issued to the possessor of the animal, and shall be valid for not more than one calendar year, but may be renewed for subsequent years upon the filing of a renewal application conforming to the require- ments of Section 416-12.408 not later than December 31st of each year, and meeting all the requirements of this chapter as upon the issuance of the original permit. No person hold- ing a dangerous animal has any right to a renewal of that permit. Failure to file application for renewal by February 1st shall result in a delinquent fee for each animal. County permits shall include the name and address of the applicant, the owner and possessor of the animal, the number and accurate description of the animal(s), and the address or place where the animal will be lo- cated. (Ord. 80-97 S 2). 416-12.414 Permit conditions. All county dangerous animal permits are subject to com- pliance with all relevant state laws and ordi- nances, and are subject to the following condi- tions: (a) The permit is nontransferable; (b) The anin-_<1 may not be possessed nor maintained at any other location than that expressed on the permit; (c) The animal must be securely maintained; (d) The animal may not be permitted to be loose, or to create any detriment or danger to the peace, health, or safety of the people in the vicinity of the location, nor to agriculture, native wildlife, or public peace, health, or safety in the county; (Contra Costa County 5-81) , " (e) The animal may not be subject to neglect, suffering, cruelty, nor abuse; (f) The location where the animal is possessed or maintained is kept clean and sani- tary; and the animal is provided with proper and adequate food, water, ventilation, shelter and care at all times; (g) The animal services director shall- be allowed at any reasonable time to inspect the animal and the place where the animal is lo- cated; (h) Payment of a permit fee if imposed by resolution of the board of supervisors. (Ord. 80-97 S 2). . 416-12.416 Permit revocation. Dangerous animal permits are subject to revocation as pro- vided in Article 416-6.4. (Ord. 80-97 S 2). 416-12.418 Fees. Dangerous animal permit application fees, permit fees, and delinquent fees shall be established by resolution of the board of supervisors. (Ord. 80-97 S 2). " 416-12.420 Dangerous animal at large. (a) Any dangerous animal found at large shall be impounded. (b) Any dangerous animal found at large two times within twelve months after having been declared a dangerous animal, or in any event a third time after such declaration, may be humanely destroyed after notice and hear- ing upon charges, following the procedure ex- pressed in Section 416-6.400. (Ord. 80-97 S 2). 416-12.422 Impoundment pending hear- ings. Any animal subject to dangerous animal proceedings may be impounded at the discretion of the animal services director pending notice, hearings and determinations hereunder and until any required permit is obtained. The animal's owner shall be charged for all costs incurred or fees applicable with respect to such impound- ment unless a finding is made that the animal is not dangerous or not subject to destruction. (Ord. 80-97 S 2). 416-12.424 Exception. Nothing in this chapter shall limit the right of any person or officer to take any proceedings against a dangerous animal or the owner thereof other- wise permitted or provided by law. (Ord. 80-97 S 2). 124-8 Article 416-12.6 Performing Animals 416-12.602 Restrictions. No performing animal exhibition or circus shall induce or en- courage animals to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering to the animal. (Ord. 80-97 ~ 2). 416-12.604 Equipment. All equipment used on a performing animal shall fit properly and be in good working condition. (Ord. 80-97 ~ 2). Article 416-12.8 Sales or Gifts of Animals 416-12.802 Public display prohibited. No person under the age of eighteen shall place any dog, cat, puppy or kitten on public display for the purpose of sale, offer for sale, barter or give- away upon any street, sidewalk, parking lot, shopping center walkway or other public place, and no transfer of any such animal shall be made to any person under the age of eighteen. (Ord. 80-97 ~ 2). 416-12.804 Sale of dogs or cats. (a) The seller of a dog or cat shall provide to the buyer at the time of sale a signed statement attesting to the seller's knowledge of the animal's health. Such statement shall also include the animal's immunization history, and the record of any known disease, sickness or internal parasites that the animal is afflicted with at the time of transfer of ownership, including treatment and medication. (b) Any person purchasing a dog or cat from a person or an establishment required to be li- censed or registered pursuant to Chapter 416-6 of this code may, within five days of such pur- chase, cause such animal to be examined by a veterinarian licensed by the state of California. If such examination reveals clinical signs of contagious or infectious disease, or serious congenital defects, not otherwise disclosed to the purchaser as required by this article, the purchaser may, within one business day of the examination, return such animal to the seller. When returned, such animal must be accom- panied with a certificate signed by the examining veterinarian stating examination findings. Upon return of such animal for the reasons stated in RAT CONTROL 416-12.602-416.14.004 this section, seller shall reimburse the purchaser for the cost of the animal. If the seller refuses to reimburse the purchaser for the cost of the animal upon purchaser's offer to return it, the purchaser may file a civil complaint. (Ord. 80-97 ~ 2). Chapter 416-14 RAT CONTROL* Sections : 416-14.002 Refuse-Defmed. 416-14.004 Refuse-Accumulation prohibited. 416-14.006 Refuse-Dumping prohibited. 416-14.008 Exclusion ofrats from structures. 416-14.010 Right of entry by health officer. 416-14.012 Abatement of sanitation nuisance. 416-14.002 Refuse - Defined. As used in this chapter, "refuse" means all garbage, combustible and noncombustible waste, all putrescib1e solid or concentrated liquid wastes, except sewage, originating from household, business, commercial, and industrial activity, and the admixture of sewage effluent or sewage sludge with any of the above. (Prior code ~ 4300: Ord. 1444). 416-14.004 Refuse Accumulation prohibited. (a) Every owner, lessee and occupant of any premises shall keep the premises free of refuse, nauseous, foul or offensive odors, and/or accumulations of filth and/or decaying animal excrement, and upon notification by the health officer shall remove and abate such nuisance within twenty-four hours, except as provided in subsection (b). (b) Refuse may be stored on any premises in cans which shall: (1) Be of watertight galvanized metal or other material of equivalent quality; (2) Have not more than a thirty-gallon capacity; (3) Have two handles adequate for lifting; *For the statutory provisions regarding rodent control, see Health & Saf. C. ~ 1800 ff. For general refuse collection provisions, see Ch. 418-2, this code. 124-9 (Contra Costa County 5-81) 416-14.006-:-416-14.012 HEALTH AND SAFETY (4) Be covered continuously with a tight-fitting cover with handle except when being filled or emptied; (5) Be kept clean by the users. Refuse consisting of industrial, horticultural or construction waste, or other accumulations of a size larger than the containers herein specified, may be kept, collected and disposed of by any other means approved by the health officer. (Ord. 76-68 S 1: prior code S 4301: Ords. 1444 S 2,565 s 2d, 392 s 3d, 310 s 2d, 112). 416-14.006 Refuse - Dumping prohibited. No person shall place refuse on any land in this county except as permitted by county ordinance. (Prior code ~ 4302: Ord. 1444). 416-14.008 Exclusion of rats from structures. Every building, dock, wharf, and incinerator shall be so constructed and kept in repair as to prevent rats from entering and from being harbored within their walls or beneath their floors. (Prior code ~ 4303: Ord. 1444). 416-14.010 Right of entry by health officer. The health officer and any agent or inspector appointed by him or by the board of supervisors, after announcing the purpose of his visit, shall be permitted to enter any building or premises in this county between nine a.m. and five p.m. of any day for the purpose of inspection to ascertain whether the provisions of this chapter have been complied with. (Prior code ~ 4304: Ord. 1444). 416-14.012 Abatement of sanitation nuisance. (a) Notice of Violation: In the event of a violation of this chapter, and in addition to other penalties herein provided, the health officer may send a written notice to the owner of the property on which the violation occurred at the address of the owner as it appears on the assessment roll of this county. The notice shall state the nature of the violation, that the owner is required to abate the condition immediately, and that if the owner fails to abate the condition, it may be abated by the health officer and the owner shall be liable for the cost thereof. (b) Abatement by County: If the condition is not abated by the owner in accordance with the notice, the health officer may abate the condition and shall charge the owner for the cost thereof.. If this charge is not paid within (Contra Costa County 5-81) sixty days, the amount of the charge, plus accrued interest at the rate of six percent per year from the date of the charge, shall be added to the next regular tax bill sent to the owner by this county and shall be collected in the manner fixed by law for the collection of taxes, or in the alternative, recovery therefor may be had through civil action. . U (c) Emergency Abatement: If the health officer rmds that a violation has created an emergency condition endangering the public health, he may abate the condition in accordance with subsection (b) without giving the notice required by subsection (a). (Prior code ~ 4305). 124-10 Chapter 416-16 MINK RAISING Article 416-16.2 General Sections: 416-16.202 Nuisance hazard. 416-16.204 Definitions. Article 416-16.4 Permits Sections: 416-16.402 Permit-Required-Revocation. 416-16.404 Permit-Premises inspection- Health officer right of entry. 416-16.406 Permit-Fees. Article 416-16.6 Land Use Sections: 416-16.602 Land use-Requirements. 416-16.604 Land use-Nonconforming use. Article 416-16.8 Sanitary Regulations Sections: 416-16.802 Sanitation requirements- Generally. Article 416-16.2 General 416-16.202 Nuisance hazard. It is declared to have been determined on the basis of evidence submitted in connection herewith that the raising, breeding, maintaining, keeping, boarding and pelting of mink, as defined herein, constitutes an exceptional nuisance hazard by reason of the diet and physiological characteristics of mink, including the consequent and resultant creation of odors and breeding of flies. (Prior code S 4320: Ord. 1446). 416-16.204 Definitions. Unless otherwise specifically provided, or required by the context, the following terms have the following meanings in this chapter: (1) "Fly screening" means metal screen of at least "sixteen mesh" size. (2) "Health officer" includes any subordinate(s) he designates from time to time for any or all of his functions hereunder. (3) "Mink" means any fur-bearing animal commonly known as mink, including Mustela Lutreola, Mustela Vison, Mustela Sib erica, and any hybrid, variant, strain or subspecies of such animals, and including cross-breeds thereof among the types listed or with other animals. (4) "Mink food" means anything intended MINK RAISING 416-16.202-416-16.404 for or used as sustenance for mink,and includes all organic material or parts of animals, birds or fish therein. (5) "Mink raising operation" means any opera tion or activity raising, breeding, maintaining, keeping, boarding or pelting ten or more mink. (6) "Underground waste disposal system" means any underground sewage disposal system complying with the laws of this state and county. (Ord. 74-67 S 1: prior code S 4321: Ord. 1446). Article 416-16.4 Permits 416-16.402 Permit Required Revocation. No person shall carry on any mink raising operation without possessing a valid, unrevoked and unsuspended permit issued by the health officer. Such permits shall be valid from date of issuance until revoked, and shall be granted or renewed by the health officer when his inspection discloses that the standards and requirements relating to the conduct of the mink raising operation are being met by the applicant or the assignees thereof of the operation or proposed operation. Such permits may be suspended or revoked by the health officer upon his first determining that the mink raising operation covered by such permit is being operated in violation of any provision of this chapter. Written notice of suspension or revocation shall be given a permit holder by registered mail, return receipt requested, postage prepaid, or by personal service upon the permit holder of such written notice. (Prior code S 4322: Ord. 1446). 416-16.404 Permit - Premises inspection - Health officer right of entry. The health officer shall have the right to visit and inspect the premises upon which any mink raising operation is being conducted, or with respect to which any permit has been requested as herein provided, in order to carry out and enforce the provisions of this chapter. Such visits and inspections may be made at reasonable times and places and at reasonable intervals. The health officer may withhold, suspend or revoke the permit of any mink raising operation where he or his duly authorized representative is refused admission to visit and inspect a mink raising operation as authorized herein. (Prior code S 4323: Ord. 1446). 125 (Contra Costa County 3-25-75) 416-16.406-416-16.802 HEALTH AND SAFETY 416-16.406 Permit - Fees. A fee of twenty-five dollars is required for permits hereunder, and is due and payable to the tax collector at the time of application for the permit. (Prior code S 4324: Ord. 1446). Article 416-16.6 Land Use 416-16.602 Land use Requirements. Subsequent to the effective date of this chapter, no person shall commence, establish or assume the operation of any mink raising operation which does not meet the following requirements: (1) Area of Operation Site: No mink raising operation shall be carried on on any parcel of land which is less than twenty acres in area; and (2) Distance from Perimeter: No mink raising operation or any part thereof shall be carried on at a distance of less than two hundred feet from the nearest part of the perimeter of the parcel of land upon which the operation is located. (Prior code S 4325: Ord. 1446). 416-16.604 Land use - Nonconforming use. The following terms and conditions shall govern uses of land for the purposes of this chapter: (1) Any lawful use of any land or building for or as part of a mink raising operation, existing at the time this chapter becomes effective, which does not conform to the provisions of Section 416-16.602, shall constitute a nonconforming use, and shall not be in violation of this chapter until such nonconforming use is discontinued, or ceases for any reason. (2) It is unlawful to extend. or enlarge any mink raising operation which constitutes an existing nonconforming use except in a manner which causes it to conform, or tends to bring it into conformity with, this chapter; provided, however, that such mink raising operations constituting such nonconforming uses may hereafter increase their land, facilities, buildings, equipment and number of mink by not more than ten percent of the present breeding stock or a maximum of twelve hundred, whichever is the greater, on the effective date of this chapter without being in violation of this subdivision. Existing nonconforming uses may expand structures and operations within the area otherwise prohibited by Section 416-16.602(2), (Contra Costa County 3-25-75) should the boundaries of the property upon which such use is conducted prohibit compliance; provided, however, that in such use such expansion shall conform as nearly as possible to such restriction. (Prior code S 4326: Ord. 1446). Article 416-16.8 Sanitary Regulations 416-16.802 Sanitation requirements Generally. Every person engaged in or carrying on any mink raising operation shall comply with all of the following requirements with respect to such operations: (1) Cage Drainage: All mink cages used for the raising, keeping or breeding of mink shall be mounted and maintained in such positions or manner that no moisture can accumulate or remain standing under the cages. (2) Cage Sanitation: All accumulations of manure, mink food and waste matter shall be removed or maintained so as to prevent the breeding of flies. (3) Food Handling: All mink food, or organic materials used in the preparation of food, shall be completely enclosed, except when in transit, in fly-proof, watertight containers at all times during which such food or materials are not actually being processed, minced, chopped or ground by hand or machinery, or fed to mink. All such processing, chopping or grinding shall be conducted or carried on in food preparation houses which meet the standards and requirements set forth in this chapter. (4) Food Preparation Houses Construction: Food preparation houses shall be entirely paved with a smooth floor of concrete or some equally durable and impervious substance, equipped with adequate and effective floor drains draining to an underground waste disposal system, and the doorways, windows, and all openings or apertures leading therein shall be completely covered with fly screening. (5) Food Preparation Houses and Equipment - Sanitation: All food preparation houses and all soiled machinery, equipment, utensils and 126 implements used in the preparation of mink food shall be washed, cleaned, and dried daily immediately after use, and the waste water from such washing and cleaning shall be disposed of in an underground waste disposal system. (6) Garbage and Waste Disposal: All waste or spoiled organic matter whatsoever, including but not limited to garbage, spoiled or unused mink food, dead mink, and manure of any kind shall be completely disposed of by removal from the premises in a manner and to a site not prohibited by law, burial or chemical destruction at such times and intervals as may be necessary to prevent the odor thereof from being perceptible at any point on the perimeter by federal or state agencies nor to other similar establishments, for the packing, treatment, and processing of agricultural products and crops of all kinds (including, but not limited to establishments of the premises upon which the mink raising operation is conducted). (Prior code ~ 4327: Ord. 1446). Division 418 REFUSE* Chapters: 418- 2 Collection 418-4 Disposal Sites Chapter 418-2 COLLECfION* Sections: 418-2.002 418-2.004 418-2.006 418-2.008 418-2.010 Refuse- Defmed. Permit required. Bond required. Vehicle requirements. Chapter exceptions. 418-2.002 Refuse - Defined. As used in *For other refuse provisions, see Chapter 416-14, this code. **For the statutory provisions regarding garbage and refuse disposal, see Health & Saf. C. ~ 4100 ff; for the provisions regarding collection franchises by counties, see Health & Saf. C. ~ 4200 ff. COLLECTION 418- 2.002-418- 2.010 this chapter, "refuse" means allgarb;:J.ge, combustible and noncombustible waste, all putrescible solid or concentrated liquid wastes, except sewage, originating from household, business, commercial, and industrial activity, and the admixture of sewage effluent or sewage sludge with any of the above. (Prior code ~ 4500: Ord. 1443). 418-2.004 Permit required. No person, municipality, or governmental agency shall collect or transport any refuse on the public streets or highways of this county without fIrst having obtained a permit from the board of supervisors. (Prior code ~ 4501: Ord. 1443). 418-2.006 Bond required. Every person, other than a governmental agency, which shall apply for a permit to collect or transport refuse, shall file with the board of supervisors a bond in the amount of two thousand dollars, or the same amount in cash, as a guarantee that the privilege granted in the permit shall be performed in accordance with the regulations prescribed by the board of supervisors in the order granting the permit, as recommended by the county health department and in accordance with applicable state laws. (Prior code ~ 4502: Ord. 1443). 418-2.008 Vehicle requirements.* (a) Every vehicle used in the business of refuse collection shall have painted on the outside of each side wall of the hauling body, in letters not less than four inches high and one inch wide, the following legible information in a color contrasting with the body color: (1) Name of refuse collector; (2) Permit number issued by the board of supervisors; (3) Number of vehicle, if more than one vehicle is operated by the collector. (b) A means shall be provided to cover and contain refuse securely within the hauling body of every collecting vehicle so that no refuse shall escape. (c) Collecting vehicles shall be kept clean, and no nuisance of odor committed. (Prior code .~ 4503: Ord. 1443). 41 8- 2.010 Ch a pter exceptions. The provisions of this chapter, except Section *For vehicle weight restrictions, see ~ 46-4.010, this code. 127 (Contra Costa County 12-26-72) 418-4.002-418-4.014 HEALTH AND SAFETY 4l8-2.008(b) and (c), shall not apply to persons collecting: (1) Dead animals, bones, or meat scraps for tallow plants; . (2) Waste material, such as waste paper and waste paper products, to be used as a raw material in manufacturing; (3) Refuse originating on their own premises. (Prior code ~ 4504: Ord. 1443). Chapter 418-4 DISPOSAL SITES* Sections: 418-4.002 418-4.004 418-4.006 418-4.008 418-4.010 418-4.012 418-4.014 418-4.016 418-4.018 Short title. Policy. Definitions. Permit- Required. Permi t - Existing sites. Application and fee. Conditions. Procedure. Inspection-Notice of violation. Permi t - Revocation. Nuisance abatement. 418-4.020 418-4.022 418-4.002 Short title. This chapter shall be known as and may be designated as the "refuse disposal site ordinance of Contra Costa County." (Ord. 1459: prior code ~ 4521). 418-4.004 Policy. It is declared by the board of supervisors that the disposal of refuse is affected by the public interest. Such activity is a useful and necessary occupation and essential to the economic life and welfare of the county. At the same time, such activity has a tendency to and often becomes a nuisance. Refuse stored may be a fire hazard from spontaneous or accidental combustion; refuse disposal sites may become habitats for rodents, mosquitoes and pests; refuse disposal sites may .be unsightly and offensive to the senses and may interfere with the comfortable and enjoyable use of land in the vicinity. The public interest, the protection of the public health, safety and welfare, the conservation of property values, and the encouragement of the orderly development of the county require that the establishment of *For the statutory provisions regarding dumping sites, see Health & Saf. C. ~ 4260. (Contra Costa County 12-26-72) sites for the disposal of refuse be regulated. (Ord. 1459: prior code ~ 4521). 418-4.006 Definitions. For the purposes of this chapter, the following definitions apply: (l) "Refuse" means all garbage, combustible and noncombustible waste, and all putrescible solid or liquid wastes, except sewage, originating from normal household, business, commercial, and industrial activity, and sewage effluent or sewage sludge when used as an admixture for disposing of any of the above; (2) "Refuse disposal site" means any property in the unincorporated territory of the county used for disposal of refuse; (3) "Person" means an individual, association, partnership, corporation, or public agency. (Ord. 1459: prior code ~ 4522). 418-4.008 Permit - Required. No person shall establish or maintain a refuse disposal site in this county without first obtaining and holding a valid unrevoked permit therefor, as provided in this chapter. (Ord. 1459: prior code ~ 4523). 418-4.010 Permit - Existing sites. Any permit issued under any prior county ordinance is continued in effect by the operation of this section for the purposes of Section 418-4.008, subject to the provisions of this chapter and subject to such regulations as may be established from time to time for operation under such permits. Existing refuse disposal sites not located in land use districts as herein required may continue as nonconforming uses as specified in Title 8. (Ord. 1459: prior code ~ 4524). 418-4.012 Application and fee. The owner, lessee or operator of any premises located in a heavy industrial (H-'!) land use district, a general agricultural (A-2) land use district, or a heavy agricultural (A-3) land use district may apply for a permit, pursuant to this chapter, to the planning department. At the time of filing such application, the applicant shall pay a filing fee of two hundred fifty dollars. (Ord. 72-89 ~ 1, 1972: Ord. 1459: prior code ~ 4525). 418-4.014 Conditions. (a) In considering an application for a permit, the planning commission and the board of supervisors shall consider the health, safety, and welfare of the people of the county, the orderly development of property in the county, the preservation of 128 property values, the protection of the tax base, the effect upon the neighborhood, the likelihood of a nuisance being created, the effect upon the master plan of the county, special conditions or exceptional characteristics of the property, and its location or surroundings. (b) The board of supervisors, with the advice of the health officer, after hearings shall adopt by resolution regulations for operations of all refuse disposal sites. When such regulations are adopted by resolution of the board of supervisors they shall become requirements of this chapter as though incorporated herein and shall control the operation of all sites. Such regulations after hearings may be modified from time to time as the public interest may require and when notice of such modified regulations has been given they shall constitute conditions for continued operation under permits. (c) The planning commission and board of supervisors shall, before granting any permit, request the advice of the county health officer and other appropriate county officers. Such officers shall investigate the application and the proposed site and submit a written report of their findings, recommendations and such special conditions or proposed regulations reasonably necessary to assure that operation of the particular refuse disposal site will not constitute a public nuisance. The board of supervisors in finally approving a permit may presc.ribe special conditions or special regulations as deemed necessary for the particular site. (d) No permit shall be issued until the applicant furnishes a surety company bond in the penal sum of ten thousand dollars, the condition of which shall be that if the permittee complies with all the provisions of this chapter, regulations and any conditions which may be imposed upon the permit, the bond is to be void; otherwise, the bond is to be in full force and effect to insure the payment of any fine which may be imposed upon the permittee, any costs of suit to obtain the abatement of a public nuisance, or to pay any judgment rendered against the permittee in favor of the county, all within the limits of the bond. Such bond may be waived by the board of supervisors if the applicant is a public agency. No additional bond shall be required on an expanded site. (Ord. 1459: prior code ~ 4526). 418-4.016 Procedure. (a) Upon receiving an DISPOSAL SITES 418-4.016-418-4.020 application the planning department shall schedule a public hearing before the planning commission and shall cause a notice thereof to be posted and published in accordance with the requirements of Chapter 26-2. (b) Such hearing may be continued from time to time as determined necessary by the commission but final decision thereon shall be rendered within sixty days from the date of the hearing unless the applicant consents to extension thereof. (c) The decision of the planning commission together with findings, reports and special conditions recommended, if any, shall be transmitted to the board of supervisors for final decision. (d) The board of supervisors in considering the application may decide the application on the basis of the record submitted by the planning commission by adopting the report as submitted or modify or add conditions. In the event the board of supervisors determines that the public interest requires further investigation, the board of supervisors may order a public hearing and notice thereof shall be given in the same manner as for the hearing before the planning commission. (Ord. 1459: prior code ~ 4527). 418-4.018 Inspection - Notice of violation. (a) The county health officer is designated as the enforcement officer for assuring compliance with the permit. Authorized inspectors from the department shall have the right at all reasonable times to inspect the premises. (b) Written notice of the violation of any condition shall be given the permittee and a reasonable time specified for correction of the deficiency. If the violation is not corrected within the time specified the health officer may cause the deficiency to be corrected and the cost thereof shall be charged to the permittee and if unpaid for a period of ten days after demand it shall become a lien against the property collectible in the same form and manner as the collection of county taxes and shall be chargeable against the bond and subject to recovery by civil suit. (Ord. 1459: prior code ~ 4528). 418-4.020 Permit - Revocation. A permit issued pursuant to this chapter may be revoked for any of the following causes: (1) If the permittee has violated any 129 (Contra Costa County 11.81) 4184.022-420-2.006 HEALTH AND SAFETY provision of this chapter; (2) If the permittee has continued a violation of any of the conditions of his permit after reasonable notice of such violation; (3) If the permittee has caused or permitted any public nuisance in connection with the permitted premises; (4) If the permittee violates any law regulating the operation of the permitted premises. A permit may be revoked by the board of supervisors if it finds that cause exists for such revocation after a hearing of which notice shall be given to the permittee by certified mail, postage prepaid. (Ord. 1459: prior code ~ 4529). 418-4.022 Nuisance abatement. After determination by the board of supervisors that a public nuisance exists, the district attorney shall commence such action or proceedings as may be necessary and convenient to abate the nuisance. (Ord. 1459: prior code ~ 4531). Division 420 SEW AGE* Chapters: 420-2 4204 420-6 General Regulations Lines and Plants Subdivisions and Individual Systems Chapter 420-2 GENERAL REGULATIONS** Sections: 420-2.002 420-2.004 420-2.006 420-2.008 Person defined. Permit- Required when. Permit-Application procedure. Official inspections. *For the statutory provisions regarding county sanitation districts, see Health & Saf. C. ~ 4700 ff; for general provisions with respect to sewers, see Health & Saf. C. ~ 5400 ff. **For the statutory general provisions with regard to sewers, see Health & Saf. C. ~ 5400 ff; for the authority of counties to impose more stringent regulations, see Health & Saf. C. ~ 5415. (Contra Costa County 11-81) 420-2.002 Person defined. As used in this division, the following words and phrases have the meanings set forth in this section. "Person" includes, in addition to the definition contained in Section 164.022, a public or governmental agency. (Ord. 68-16 ~ 1, 1968: prior code ~ 4600: Ord. 829). 420-2.004 Permit - Required when. No person shall collect, discharge or deposit, or cause or suffer to be collected, discharged or deposited, any sewage, sewage effluent or garbage from more than one building in or upon unincorporated territory of this county or into streams or bodies of water where the same is or may be carried through or upon unincorporated territory of this county, or make use of county roads or highways therefor, without first securing in the manner hereinafter provided a permit from the board of supervisors so to do, and at all times having an unrevoked permit therefor. No person shall collect, discharge or deposit any such sewage which creates a public nuisance in the unincorporated portions of this county. (Prior code ~ 4601: Ord. 1424). 420-2.006 Permit - Application procedure. Every person seeking a permit to do any of the acts described in Section 420-2.004 shall file with the board of supervisors a petition for permission so to do, together with a complete and detailed plan, description and history.of the existing or proposed lines, works, system or purification plant through which such waste matter is proposed to be collected and discharged. Whenever directed by the board of supervisors, it shall be the duty of the health officer and the public works director to investigate the existing or proposed system or plant and to make a report of their investigation to the board of supervisors. If the board of supervisors determines as a fact that the waste matter being or to be so collected, discharged or deposited does not or will not constitute a public nuisance, and does not or will not emit disagreeable odors or fumes offensive to the public in the vicinity of such place of collection or deposit or passing over and along public highways adjacent thereto, and that under all circumstances and conditions it is necessary so to dispose of such waste matter, it shall grant a permit authorizing the petitioner to collect or discharge or to continue to collect, deposit or discharge such substance; provided, however, 130 that all permits issued hereunder shall be revocable by the board of supervisors at any time or shall be subject to suspension if it is found as a fact by the board that the substance collected, discharged or deposited by virtue thereof constitutes a public nuisance or emits disagreeable odors or smells offensive to the public in the vicinity thereof or passing over and along public highways adjacent thereto. (Prior code ~ 4602: Ord. 1424). 420- 2.008 Official inspections. Every person engaged in, or applying for a permit to engage in, any activity regulated by this division shall allow the health officer and/or public works director and/or any of their therefor-designated subordinates to enter and inspect the place, facilities and activities, for compliance with this division, during reasonable hours upon demand identifying the official and his purpose hereunder. (Ord. 74-67 ~ 2: prior code ~ 4603: Ords. 1424 ~ 5, 829 ~ 3, 827 ~ 3). Chapter 420-4 LINES AND PLANTS* Sections: 420-4.002 Persons subject-Actions required. Approval by director of public works. Work commencement-Fee deposit. Work suspension-Additional fees. Appeals. 420-4.004 420-4.006 420-4.008 420-4.010 420-4.002 Persons subject Actions required. All persons, firms, corporations and political subdivisions organized under the laws of this state and empowered to install sewer lines or to construct or erect sewage processing plants, prior to doing any work of sewer line installation or erection of sewage processing plants in the unincorporated area of this county, shall file with the director of public works plans and specifications of the proposed work. (Prior code ~ 4621: Ord. 1424). *For the statutory provisions regarding the permission of a county for another "local agency to construct sewage facilities in the county, see Gov. C. ~ 55000 ff. LINES AND PLANTS 420-2.008-420-4.010 420-4.004 Approval by director of public works. Within fifteen days after plans and specifications are filed with him, the director of public works may approve the plans and specify the amount of cash deposit required by him to cover the estimated cost of inspecting the work during its progress to insure compliance with the submitted plans and specifications. If additional time is required by the director of public works to review the plans and specifications in order to determine that the proposed work meets accepted sanitary engineering standards, he shall notify the applicant of the amount of additional time required. (Prior code ~ 4622: Ord. 769). 420-4.006 Work commencement - Fee deposit. On approval of plans and specifications and deposit of the required fee, work may begin. The applicant shall carry forward the work without unreasonable delays and shall keep the director of public works advised of times when work is to be performed so that inspection may be scheduled. (Prior code ~ 4623: Ord. 769). 420-4.008 Work suspension - Additional fees. If inspection fees deposited are expended before the work is completed, the director of public works may order the work suspended until sufficient additional fees are deposited with him to cover the cost of inspection. (Prior code ~ 4624: Ord. 769). 420-4.010 Appeals. Any applicant whose plans and specifications are disapproved, who complains of delay in the review of submitted plans and specifications, who asserts that inspection fees are excessive, or who contends that inspection by the director of public works is unreasonable, may appeal in writing to the board of supervisors. The appeal shall set forth in reasonable detail the ruling or action complained of. At its first regular meeting which follows by more than five days the filing of the appeal, the board of supervisors shall hear and decide the appeal. The board may continue the hearing from time to time, but no one extension shall be longer than two weeks. The decision of the board shall be final. (Prior code ~ 4625: Ord. 769). 131 (Contra Costa County 11-81) 420-6.1 01-420-6.113 HEALTH AND SAFETY Chapter 420~ SUBDIVISIONS AND INDIVIDUAL SYSTEMS Article 420-6.1 Sections: 420-6.101 420-6.103 420-6.105 420-6.107 420-6.109 420-6.111 420-6.113 420-6.115 420-6.117 420-6.119 420-6.121 420-6.123 Article 420-6.3 Sections: 420-6.301 420-6.303 420-6.305 420-6.307 420-6.309 420-6.311 Article 420-6.5 Sections: 420-6.501 420-6.503 420-6.505 420-6.507 Def'mitions General. Domestic water supply reservoir. Drainage area. Health officer. Improper functioning. Individual system. Sewage. Sewer availability. Subdivision. Site evaluation. Community sewer collection system. Sanitary sewer. Enforcement Sewer connection required, exception. Prohibitions. Building permit restrictions. Publication of regulations. Investigations. Nuisance abatement. Individual. Permits: Subdivision Approvals GeneraL Permit procedure. Lot area, variances. Individual system near a reservoir, variances. 420-6.509 Alternative individual system. 420-6.511 Subdivision maps. 420-6.513 Appeals. Article 420-6.7 Fees Sections: 420-6.701 420-6.703 420-6.705 420-6.707 General. Subdivisions. Individual systems. Penalties. Article 420-6.1 Def'mitions 420-6.101 General. Unless otherwise specially provided, or required by the context, the following terms have these meanings in this (Contra Costa County 11-81) chapter. (Ord. 81-30 S 1: S 420-6.002: Ord. 74-67 ~ 3: prior code S 4640: Ord. 1440 S 1). 420-6.103 Domestic water supply reservoir. "Domestic water supply reservoir" means an existing or proposed open uncovered reservoir used or intended to impound water for human consumption or domestic purposes, including a planned reservoir where the water impounder states in writing to the board his intent to in- stall or construct it, and satisfies the board that he has appropriate rights in the land and the ability to finish and maintain it. (Ord. 81-30 S 1: S 420-6.002(6): Ords. 74-67 S 3, 68-16 S 2: prior code S 4640(f)). 420-6.105 Drainage area. "Drainage area" of a domestic water supply reservoir means all the land that can or may drain into the reservoir, whether or not the topographical configuration is artificially or naturally caused. (Ord. 81-30 S 1: S 420-6.002(7): Ords. 74-67 S 3, 68-16 S 2: prior code S 4640(g)). 420-6.107 Health officer. "Health officer" includes any subordinate(s) that the health of- ficer designates from time to time to perform any or all of the health officer's functions here- under. (Ord. 81-30 S 1: S 420-6.002 (8): Ord. 74-67 S 3: prior code S 4640). 420-6.109 Improper functioning. "Im- proper functioning" individual system means a system which allows sewage to escape to the sur- face of the ground or prevents plumbing fixtures from draining. (Ord. 81-30 S 1: S 420-6.002 (4): Ord. 74-67 S 3: prior code S 4640 (d): Ord. 1440 S 1). 420-6.111 Individual system. "Individual system" means a system which consists of (1) the drainage pipes of a structure and the septic tank and subsurface absorption system to which they are connected; or (2) any alternative system designed for the disposal of sewage and acceptable to the health officer. (Ord. 81-30 S 1: S 420-6.002(3): Ord. 74-67 S 3: prior code S 4640(d): Ord. 1440 S 1). 420-6.113 Sewage. "Sewage" means liquid or solid waste substance, which is associated with human habitation or which contains or may be contaminated with human or animal excrement or offal. (Ord. 81-30 S 1: S 132 SUBDIVISIONS AND INDIVIDUAL SYSTEMS 420-6.002(1): Ord. 74-67 S 3: prior code S 4640(e): Ord. 1440 S 1). 420-6.115 Sewer availability. "Sewer avail- ability" means a sanitary sewer is available for connection to a structure requiring sewage dis- posal because: (a) The entity operating the sanitary sewer indicates in writing that the proposed structure can be connected to the sanitary sewer; and (b) The cost of providing sanitary sewer service, exclusive of all annexation fees, connec- tion fees, and the sewer pipe installation costs between the structure and the publicly owned sewer in the street or right-of-way, is less than five thousand dollars, or ten percent of the full market value of all existing and proposed improvements, whichever is greater; and (1) The area of property to be served is less than forty thousand square feet and the sanitary sewer is less than three hundred feet, measured horizontally, from the nearest property boundary, or (2) The area of the property is more than forty thousand square feet and the structure requiring the disposal of sewage is located less than three hundred feet measured horizontally to the nearest property boundary adjacent to the sanitary sewer. (Ord. 81-30 S 1: S 420-6.002 (5): Ord. 74-67 S 3: prior code S 4640(c): Ord. 1440 S 1). 420-6.117 Subdivision. "Subdivision" means a division or any use of real property that does or may reasonably be expected to generate sewage or require sewage disposal; and, "sub- divider" means the owner of or applicant for a subdivision. (Ord. 81-30 S 1: S 420~6.002(2): Ord. 74-67 S 2: prior code S 4640(b): Ord. 1440 S 1). 420-6.119 Site evaluation. "Site evaluation" means the investigation of a subdivision or a lot to determine the feasibility of installing an individual system. It shall include a determina- tion of compliance with all applicable sanita- tion requirements and a sanitary survey of the area. Should the sanitary survey disclose failing individual systems in the immediate vicinity of the site evaluated, this shall be cause for denial of the feasibility of installing an individual sys- tem. (Ord. 81-30 S 1). 420-6.115-420-6.303 420-6.121 Community sewer collection sys- tem. "Community sewer collection system" means the structures, devices, equipment, and appurtenances intended for the collection, trans- portation, and pumping of sewage from two or more structures to a treatment or disposal facility. (Ord. 81-30 S 1). .420-6.123 Sanitary sewer. "Sanitary sewer" means a system for collecting residential or municipal wastewater and directing the collected wastewater to a treatment works prior to disposal. (Ord. 81-30 S 1). Article 420-6.3 Enforcement 420-6.301 Sewer connection required, exception. Every structure in which plumbing fixtures have been or are proposed to be in- stalled shall be connected to a sanitary sewer and all such plumbing fixtures and sanitary drainage systems or parts thereof shall be connected to the sanitary sewer except: (a) Exception. If the health officer deter- mines that connection to a sanitary sewer is unavailable under the provisions of Section 420-6.115, an application may be filed for a permit to install an individual system. (b) Exception. Upon written application to the health officer and in only those cases where an existing individual system is found to be functioning improperly, the requirement for connection to the sanitary sewer may be waived by the health officer if the health officer finds: (1) That such waiver shall be limited to minor repair of the "improperly functioning" existing individual system, provided no nuisance will be created, continued or maintained by such waiver, and (2) That all requirements of this chapter and regulations can be met. (Ord. 81-30 S 1). 420-6.303 Prohibitions. (a) No person shall build or alter any structure or build on or im- prove any land, requiring sewage disposal, without having a currently valid permit for an approved individual system or connecting to an approved sanitary sewer. (b) No person shall discharge or deposit sewage to the surface of the ground. (c) No person shall have or permit an im- properly functioning individual system. 133 (Contra Costa County 11-81) 420-6.305-420-6.501 HEALTH AND SAFETY (d) No person shall install, construct, re- pair, reconstruct relocate, destroy, alter, or abandon any individual system, cesspool, pit privy, sewage holding tank, or seepage pit with- out the health officer's advance written approval. (e) No person shall have or maintain an im- properly functioning building sewer or lateral which conducts sewage from the building to a community sewer collection system. (f) No person shall engage in the business of cleaning septic tanks and subsurface leaching devices, sewage holding tanks, cesspools, or seepage pits or of providing or cleaning chemical toilets without having a valid permit, license and/or registration issued by the health officer. (g) No person shall change any approved plan or work without the health officer's advance written approval. (Ord. 81-30 ~ 1: ~~ 420-6.004, .014, .016: prior code ~~ 4641, 4646: Ords. 1440 ~ 2, 640 ~~ III-I, III-3, V-2). 420-6.305 Building permit restrictions. Ap- plications for building permits or certificates of occupancy for structures and/or to build on any premises requiring disposal of sewage shall, prior to their issuance, be submitted to the health officer for his review and written approval of the proposed sewage disposal system. When the building inspection director is advised that it has not been demonstrated that an adequate sewage disposal system complying with this chapter exists or is assured that such lack is a danger to or likely to cause public health problems, he may withhold the issuance of the requested permit or certificate. (Ord. 81-30 ~ 1: ~~ 420-6.010, .018, .020: Ord. 1752 ~ 4: prior code ~~ 4644, 4648,4649: Ords. 1440 ~ 4,9, 640 ~ ~ 11-7,111-6). 420-6.307 Publication of regulations. The health officer may make and publish regulations to make more detailed or specific the provisions of the chapter. These regulations shall become effective two weeks after filing with the clerk of the board of supervisors and posting in the county health department. The health officer shall be responsible for the enforcement of this chapter. (Ord. 81-30 ~ 1: prior code ~ 4650: Ord. 640 ~ I). 420-6.309 Investigations. To enforce this chapter, the health officer may enter and inspect any premises, operations or work regulated here- by, at reasonable times and with such notice to (Contra Costa County 11-81) the owner, occupant, operator, applicant, licensee, or permittee, as is reasonable and prac- ticable under the circumstances. In conducting such inspections the health officer is authorized to proceed pursuant to the Code of Civil Pro- cedure Sections 1822.50 and following. (Ord. 81-30 ~ 1: ~~ 420-6.0l6(e), 420-2.008: Ord. 74-67: prior code ~ 4647(e): Ord. 1440 ~ 7). 420-6.311 Nuisance abatement. (a) Notice - Hearing. Except in instances of necessity or emergency, when the health officer declares an individual system to be a public nuisance, he shall promptly so notify the owner of the prop- erty by certified mail to the owner's address on the assessment roll. The notice shall state why the system is a nuisance, and shall also state that the owner of the property has thirty days after mailing of the notice within which to abate the nuisance, failing which the health officer may have the nuisance abated and the owner shall be liable for the cost thereof. The notice shall also state that if the owner objects to the health officer's declaration, the owner may request a hearing before the health officer to determine whether a public nuisance exists. The notice shall further indicate that the request for the hearing must be received by the health officer prior to the expiration of the time set for abatement, and the hearing shall be held within thirty days after the request is received by the health officer. County abatement is suspended by the filing of a request for hearing, pending the fmal decision of the health officer. (b) Costs. If the health officer has a nuisance abated, he shall promptly so notify the property owner, including a statement of costs and of the owner's rights to a hearing thereon. The notice mailing and the time periods for hearing request and hearing shall be those in subsection (a). Upon fixing the costs (after hearing or in the absence of request therefor), the health officer shall proceed according to law to impose the costs on and collect them from the property owner and/or the property. These procedures do not affect the county's right to collect these costs from any other person responsible therefor under law. (Ord. 81-30 ~ 1: ~ 420-6.028). Article 420-6.5 Individual Permits: Subdivision Approvals 420-6.501 General. Every person shall obtain a permit as provided for by this chapter 134 SUBDIVISIONS AND INDIVIDUAL SYSTEMS to repair, relocate, install or construct an in- dividual system unless connection to a sanitary sewer is required. When health officer approval is required, a currently valid permit issued pur- suant to this article constitutes such approval. (Ord. 81-30 ~ 1). 420-6.503 Permit procedure. (a) An applica- tion for a permit shall be made to the health of- ficer, and it shall expire after one hundred twenty days. (b) The health officer shall approve, condi- tionally approve, or deny the application, and issue or withhold the permit accordingly, on the basis of compliance with this chapter and the health officer's regulations. Permits expire one hundred eighty days after issuance if the approved work is not started and diligently pursued. (Ord. 81-30 ~ 1: ~ 420-6.016: Ords. 1752 ~ 3, 1468 ~ 1: prior code ~ 4647: Ord. 1440 ~ 7). 420-6.505 Lot area, variances. (a) Lot Area. The total lot area, exclusive of under- ground and surface easements, shall be fifteen thousand square feet or more for a single-family dwelling or other structure requiring an individual system. When both an individual system and private water supply are required, the total lot area, exclusive of underground and surface easements, shall be forty thousand square feet or more. These lot area requirements are prospective only and do not apply to the maintenance or repair of an existing system. (b) Variances. The health officer may grant variances to the provisions of this section when the health officer fmds the following conditions to be met: (1) The lot in all other respects will comply with the requirements of this division and the regulations issued by the health officer; (2) The variance would not create nor contribute to the creation of a public health nuisance. (Ord. 81-30 ~ n. 420-6.507 Individual system near a reservoir, variances. (a) Location. If the parcel or lot is located within a drainage area of a domestic water supply reservoir, any structure requiring disposal of sewage shall be connected to a community sewer collection system. (b ) Variances. If a community sewer collec- tion system is not available the health officer may grant a variance subject to the following: 420-6.503-420-6.511 (1) If the parcel or lot is between fifty and one thousand feet from the reservoir or tributary stream a watertight sewage holding tank system, or equal will be required. Such system must be owned or operated by a presently existing public agency having statutory authority to provide such service. (2) Beyond one thousand feet from a reservoir or tributary stream an individual system or other similar acceptable system may be permitted subject to all the conditions specified in Section 420-6.505. (c) Variance Temporary. It is the intent of this chapter to provide maximum protection to the water quality of the waters stored in these reservoirs and any variance granted must be considered as an interim method of sewage dis- posal which shall not create situations that may become a menace to the public health. (Ords. 81-30 ~ 1, 68-16 ~ 3, 1752: prior code ~ 4643: Ord. 1440). 420-6.509 Alternative individual system. The health officer may approve, conditionally approve, or deny an application to use an alter- native individual system. No alternative system will be approved for installation in a septic tank moratorium area, a water quality control board prohibition zone, or in any incorporated city, or sanitary or sanitation district without approval by that city or district. The health officer shall not consider or approve of a proposal to use an alternative sewage disposal system for a subdivision, outside of an existing incorporated city, or sanitary or sanitation dis- trict, unless a governmental agency is formed, which agency shall have the authority and responsibility to install and maintain such system. An alternative system must meet all appli- cable provisions of this chapter and: (a) All local, state, and federal laws and regulations; and (b) Certification and testing requirements of an appropriate governmental agency; and (c) Approval requirements of N.S.F. (Na- tional Sanitation Foundation) or I.A.P.M.O. (International Association of Plumbing and Mechanical Officials). (Ord. 81-30 ~ 1). 420-6.511 Subdivision maps. (a) Tentative Maps. Pursuant to Title 9, a copy of any sub- mitted tentative subdivision map shall be for- warded to, and filed with the health officer for 134a (Contra Costa County 11-81) 420-6.513-420-6.707 HEALTH AND SAFETY investigation of the sewage disposal system. The tentative map shall show proposed provisions for sewage disposal, source of approved water supply, number of lots, the size of each lot, and contour lines at intervals of five feet or less. (b) Health Officer Approval. The health officer shall review the filed tentative map for compliance with this chapter (and any adopted regulations) and in a timely manner report his conclusions thereon, together with any condi- tions recommended to insure such compliance, to the planning department and advisory agency. (c) Final Map. Final maps shall not be recorded unless the conditions recommended by the health officer and established by the advisory agency on approval of the tentative map have been satisfied. (Ord. 81-30 ~ 1: ~~ 420-6.006,420-6.010,420-6.012: Ord. 1752 ~ 1: prior code ~~ 4642,4644,4645: Ords. 1440 ~ 4, 640 ~ II-I ff). 420-6.513 Appeals. Except for determina- tions made pursuant to Section 420-6.311, a person objecting to or disagreeing with any decision made pursuant to this chapter, and/or the pertinent regulations thereto, may appeal the decision to the health officer, or the health officer's designated subordinate(s). Any request for an appeal hearing shall be in writing and must be received by the health officer within ten days after notice of the decision was mailed. Any request for an appeal hearing must be accompanied by the appropriate fee. A hear- ing on the appeal shall be held within fifteen days after the request for appeal is received by the health officer. (Ord. 81-30 ~ 1). Article 420-6.7 Fees 420-6.701 General. The following non- refundable fees shall be paid to the health officer at the time of filing for or requesting an investigation, test, inspection or permit re- quired by this chapter. No fees are required when the health officer receives from the appli- cant a written statement by a district or city governing body indicating that sewers and a sewage treatment plant are available and adequate to handle the additional volume of sewage from the proposed improvement. (Ord. 81-30 ~ 1). (Contra Costa County 11-81) 420-6.703 Subdivisions. The fees for a sub- division proposing to use individual sewage dis- posal systems are: (1) Subdivision - Site evaulation 2 - 4 lots, per lot. . . . . . . . . . . . . . . ..$ 50.00, 5 or more lots, maximum. . . . . . . . . .. 250.00; (2) Percolation tests, per lot or building site tested, as required. . . .. . .$100.00; (3) Appeal (except hearings called pursuant to Section 420-6.311).... . . .$100.00. (Ord. 81-30 ~ 1). 420-6.705 Individual systems. The fees related to individual sewage disposal systems are: (1) Site evaluation. . . . . . . . . . . . ..$ 40.00; (2) Percolation test. . . . . . . . . . . . .. 100.00; Each additional test. . . . . . . . . . . . . . .. 100.00; (3) Permit (except minor rebuilding). . . . . . . . . . . . . . . . . . . . . .. 60.00; (4) Review of existing individual system. . . . . . . . . . . . . . . . . . . . . . . . .. 40.00; (5) Investigate abandonment or sealing of septic tank. .............. 25.00; (6) Reinspection................ 25.00; (7) Appeal (except hearings called pursuant to Section 420-6.311) .. . . . ...... . . . . .. . . ... 100.00; (8) Advice, consultation, minor repair permit. . . . . . . . . . . . . . . . . No fee. (Ord. 81-30 ~ 1). 420-6.707 Penalties. Any person violating this chapter or regulations issued hereunder, by failing to submit plans, obtain necessary inspections and approvals, or pay fees, or by commencing or continuing construction or remodeling in violation hereof, shall pay triple the appropriate fee as a penalty and remain sub- ject to other applicable penalties and enforce- ment procedures authorized by the state law and/or this code. (Ords. 81-30 ~ 1, 78-45, 78-43 ~ 2: ~ 420-6.022(d): Ords. 73-100, 1468: prior code ~ 4651: Ords. 1440 ~ II, 640 ~ IV). 134b the owner by this coupty and shall be collected in the manner fixed by law for the collection of taxes, or in the alternative, recovery therefor may be had throl.lgh civil action. (Prior code ~ 4654: Ord. 1440). 134-1 INDIVIDUAL SYSTEMS 420-6.028 (Contra Costa County 9-15-78) N ,)"\GO ~ 0 {2..[ 61 t-JA L S'c-\8"8( M t $:::"~ we;" _ "'\t\ l S 'S ~~--=r- ~ D.E1:> t L.' lb. '6 '7 C!..s>4- GENERAL PROVISIONS 430-2.002-4304.002 Division 430 ABANDONED VEHICLES Chapters : 43()"2 General Provisions 4304 Definitions 43()"6 Administration and Enforcement 43()"8 Hearings and Appeals 43()..10 Final Abatement Action 43()"12 Cost Collection Chapter 43()"2 GENERAL PROVISIONS Sections: 43()"2.002 Title. 43()"2.004 Authority, findings, nuisance. 430-2.006 Exemptions. 430-2.008 No nuisances. 430-2.010 Nonexclusive regulation. 43()"2.002 Title. This division shall be known as the "Abandoned Vehicle Ordinance of Contra Costa County." (Ord. 77-112). 43()"2.004 Authority, findings, nuisance. (a) Authority. This division is enacted pursuant to California Vehicle Code Sections 22660, 22661 and 22665, and Government Code Section 25845. , (b) Findings. The board fmds and declares that the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private and public property not including highways creates 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. (c) Nuisance. The presence of an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, constitutes a public nuisance which may be abated as such in ~ accordance with the provisions of this division and code. (Ord. 77-112). 430-2.006 Exemptions. This division shall not apply to: (1) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; and (2) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junkyard, or when such storage or parking is otherwise necessary to the operation of a lawfully conducted business or commercial enterprise. (Ord. 77-112). 430-2.008 No nuisances. The exceptions provided in Section 430-2.006 do not authorize the creation or maintenance of a public or private nuisance as dermed by laws other than this Division 430 and Chapter 10 of Division II (commencing with Section 22650) of the Vehicle Code. (Ord. 77-112). 430-2.010 Nonexclusive regulation. This division is not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the unincorporated area of the county. It supplements and is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the county, the state, or any other legal entity or agency having jurisdiction. (Ord. 77-112). Chapter 4304 DEFINITIONS St:ctions: 4304.002 Generally. 4304.004 Vehicle Code terms. 4304.006 Abandoned vehicle. 4304.008 Public property. 4304.010 Owner of land. 4304.012 Owner of the vehicle. 4304.002 Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this chapter for the purposes of this division. (Ord. 77-112). 134-1 (Contra Costa County 3-15-78) 430-4.004-430-8.002 HEALTH AND SAFETY 4304.004 Vehicle Code terms. Terms, such as "California Highway Patrol (C.H.P.)," "highway," "legal owner," "owner," "registered owner," and "vehicle," which are specially defined in the Vehicle Code (including future amendments thereto), have the same meanings herein. (Ord. 77-112). 430-4.006 Abandoned vehicle. "Abandoned vehicle" means any vehicle or part constituting a -nuisance under Section 430-2.004(c) and Vehicle Code Section 22660. (Ord. 77-122). 430-4.008 Public property. "Public property" does not include "highway." (Ord. 77-112). 430-4.010 Owner of land. "Owner of land" and "landowner" mean the owner of the land on which an abandoned vehicle is located, as shown on the last equalized assessment roll. (Ord. 77-112). 430-4.012 Owner of the vehicle. "Owner of the vehicle" and "vehicle owner" include the last owner, registered owner, and legal owner of record. (Ord. 77-112). Chapter 430-6 ADMINISTRATION AND ENFORCEMENT Sections: 430-6.002 California Highway Patrol. 430-6.004 C.H.P. may abate. 430-6.006 Notice of intention. 430-6.002 California Highway Patrol. This section is a request and authorization that, except as otherwise expressly provided herein, the provisions of this division shall be administered and enforced by the California Highway Patrol (C.H.P.) and its officers pursuant to Vehicle Code Section 22665. In the enforcement of this division such officers and other persons duly authorized by the C.H.P. may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, and to remove or cause the removal of an abandoned vehicle. (Ord. 77-112; Veh. C. ~ 22663). 430-6.004 C.H.P. may abate. The California (Contra Costa County 3-15-78) y06 '~.~ 0 r2 \6, \'-/'- \.SS i.i0G -'-\1-\ tS S ~-E'I Au L:> e1:::> \ \ 2-, i (, ,<2, '7 ~ Highway Patrol shall have abandoned vehicles abated and/or removed in accordance with the procedure prescribed in this division. (Ord. 77-112). 430-6.006 Notice of intention. (a) Notice. The C.H.P. shall mail a ten-day notice of intention to abate and remove an abandoned vehicle as a public nuisance, by registered or certified mail, to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership, or unless the property owner and the vehicle owner have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof. (b) Contents. The notice shall contain an estimate of the cost of abatement (including administrative and removal costs) and a statement that this cost may be levied as a special assessment on the landowner's land. It shall contain a statement of the property and vehicle owner's hearing rights, and notice to the property owner that he may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on his land, with his reasons for such denial, in lieu of appearing. (Ord.77-112). Chapter 430-8 HEARINGS AND APPEALS Sections: 430-8.002 430-8.004 430-8.006 430-8.008 430-8.010 430-8.012 430-8.014 Hearing requests. No hearing. Hearing notice. Hearings. Decisions. Notice of decision. Appeals. 430-8.002 Hearing requests. (a) Request. Within ten days after the mailing date of the notice of intention to abate and remove, the vehicle owner or landowner may request the zoning administrator for a public hearing on the question of abatement and removal and the estimated cost thereof. (b) Disclaimer. If, within this ten-day period, the landowner submits a sworn written statement denying responsibility for the 134-2 FINAL ABATEMENT ACTION presence of the vehicle on his land, with his reasons for such denial, said statement shall be construed as a request for a hearing which does not require his presence. (c) C.H.P. Notice. The zoning administrator shall immediately notify the C.H.P. of any such request or disclaimer. (Ord. 77-112). 430-8.004 No hearing. If no disclaimer or request for hearing is received within the ten-day period, the C.H.P. or any person it authorizes shall abate and remove the vehicle or parts thereof. (Ord. 77-112). 430-8.006 Hearing notice. When a hearing is requested, the zoning administrator shall mail notice of the hearing at least ten days before the hearing date, to the C.H.P., the landowner, and to the vehicle owner unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 77-112). 430-8.008 Hearings. All hearings under this division shall be held before the zoning administrator who shall receive all evidence he deems material, including the condition of the vehicle or parts thereof, the circumstances of its abandonment and location and the estimated cost of the abatement. The zoning ~dministrator shall not be limited by the technical rules of evidence. The landowner may appear in person or present a sworn written statement, in time for consideration at the hearing, denying responsibility for the presence of the vehicle on his land with his reasons for such denial. (Ord. 77-112). 430-8.010 Decisions. (a) The zoning administrator may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this division. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the zoning administrator may find that there is an abandoned vehicle and order it abated and/or removed as a public nuisance and disposed of as hereinafter provided and determine the cost of abatement to be charged against the landowner. The order requiring removal shall include a description of the abandoned vehicle and the correct identification number and license number of the vehicle, if available. 430-8.004-430.10.002 (b) 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 subsequently acquiesced in its presence, the zoning administrator shall not assess the cost of abatement (administration and removal) against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner. (Ord. 77-112). 430-8.012 Notice of decision. If an interested party makes a written presentation to the zoning administrator but does not appear, he shall be notified in writing of the decision. (Ord. 77-112). 430-8.014 Appeals. (a) The California Highway Patrol, the landowner, or the vehicle owner may appeal the zoning administrator's decision by filing with him a written notice of appeal within five calendar days after his decision. He shall promptly transmit the proceedings to the board of supervisors. (b) The board's clerk shall promptly give written notice of the time and place of the hearing to the appellant and those persons specified in Section 430-6.006(a). (c) The board shall promptly hear such appeal, and may affirm, amend, or reverse the order, or take other action it deems appropriate. I t shall not be limited by the technical rules of evidence. (Ord. 77-112). Chapter 430-10 FINAL ABATEMENT ACTION Sections: 430-10.002 Removal and disposal. 430-10.004 Notify D.M.V. 430-10.006 Cost record. 430-10.002 Removal Abandoned vehicles may be removal to a scrapyard dismantler's yard when: (l) releaSes authorizing removal and waiving further interest in said vehicle have been signed by its owner(s); or (2) there is no reply to the notice of intent to abate by the end of the ten-day waiting period; or (3) the zoning administrator decides the and disposal. disposed of by or automobile 134-3 (Contra Costa County 3-15-78) 430-10.004-430-12.006 HEALTH AND SAFETY vehicle is to be removed and no appeal is made; or (4) after an appeal has been decided in favor of removal. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage or historical vehicle license plates. (Ord. 77-112). 430-10.004 Notify D.M.V. Within five days after removal of an abandoned vehicle, the C.H.P. shall so notify the Department of Motor Vehicles, identifying the vehicle or parts, and send it any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. 77-112). 430-10.006 Cost record. The California Highway Patrol shall provide the county with an itemized written account of its expenses incurred to abate the nuisance where it is proposed to collect costs pursuant to Chapter 430-12. Until such report is provided to the county, no abatement costs will be placed as a special assessment against the parcel of land. (Ord. 77-112). Chapter 430-12 COST COLLECTION Sections: 430-12.002 Collection. 430-12.004 Special assessment notice. 430-12.006 State reimbursement. 430-12.002 Collection. If the abatement cost (administrative and removal costs) which is charged against the owner of a parcel of land pursuant to Sections 430-8.010 and 430-8.014 is not paid within thirty days after the date of the order or the final disposition of an appeal therefrom, such cost shall be assessed as a special assessment against the parcel of land pursuant to Government Code Section 25845, which shall be transmitted to the county tax collector for collection with the same priority as other county taxes. (Ord. 77-112). 430-12.004 Special assess men t notice. The director of planning shall file with the tax Collector a certificate substantially in the following form: (Contra Costa County 3-15-78) 134-4 "NOTICE OF SPECIAL ASSESSMENT (Abandoned Vehicle Abatement Cost) Pursuant to Vehicle Code S 22660, Government Code S 25845, and Ordinance Code S 430-12.002, Contra Costa County abated an abandoned vehicle nuisance on the parcel of real property described below, of which the named person(s) is the owner shown on the last equalized assessment roll, and fixed the below-shown amount as the cost thereof and hereby claims a special assessment against said parcel for this amount. AMOUNT OF ASSESSMENT: $.......... OWNER(S): ........................... PARCEL: Real property in Contra Costa County, California: County Assessor's parcel #: ............ [other description where needed]: . . Dated: . . . . . . . . . . . . Contra Costa County By: .................. (Director of Planning)" (Ord.77-112). 430-12.006 State reimbursement. Any funds collected under this chapter for the cost of abatement upon a parcel of land shall be first used to reimburse the California Highway Patrol for its cost as itemized in its account filed with the county for that parcel. (Ord. 77-112).