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HomeMy WebLinkAboutORD 3290-----·~- • ORD 1 NANCE NO. 3290 EMERGENCY OHDINANCE CH' THE COUNCIL-C)f'-TH8 CITY OF PALO ALTO ADDING CHA.P'l'ER 9. 58 TO THE PA{-0 ALTO MUNICIPAL CODE REG,RDING THE MEDFLY EMERGENCY WH~REAS, the Governor statect on July 8, 1981, that aerial spraying of pesticides in this community may be nece3sary to eradicate the med­ fly infestation unless successful fruit stripping and vegetable removal immediately occurs; and WHERSAS, the aerial spraying of pesticides in this community rep­ resents a serious danger to health and property; and iv!iEREf\S, t. he C i ty Cou nc i 1 E i nd:'3 that the prospect of ae r.i a 1 spray­ in~ and the need for effective fruit and vegetable removal constitute an "emergency situation" under Government Code Section 54956.5 in that t~le proposed widespr,~ad spraying of pesticides in this heavily popu­ l.:ttt~d <;ommunity may irnpa .. i.r: pub1 i1."' health and S()fety; and h' H E R !:: ;\ r; , r.lle C i t. y c n u n c i l f 1.11: t h c r: finds that such an "emergency including, but not limited to, refuse r~<:>rvices, and means of ~; i tuat:: ion" may d i ~.;n1pt publ .i. c f ;:;c i 1 it ies public stre~~s ~nd highways, hospitals, communication; and \•n!CRE.:i\Z";, fo:r the n:;-asc.,ns sc:t !0 orth above, the City Council finds tr1e followinq oc(Hnanc(' is n.l~ct:·ssdry as a11 emerqency measure for pre-· set·,.Jinq th~ public peacf:, he;:dth, and safety; NOW, THERE FORB, the Cou nc i 1 of the City of Palo Alto does ORDAIN as f o 11 o""' s : SECTION 1, pal Code to ~~ad Sections: 9.58.010 9.58.020 9.58.030 9.58.040 C.'tl<\pter 9. 58 is as fo1lows: hs-r·eby added t.o the Palo Alto Muni c i- •chapter 9.58 MED~LY EMERGENCY Removal and disposal of fruit, nuts, and vegetables. City access to property. Penalty for. violation9 Effective during emergency only. 9.58.010 Re-.oval and disposal of fruit, nutst and vegetables. Each property owner and person ( s) in lawful possession of property within the City of Palo Alto shall remove and dispose of all ft'uit., nuts, and vegetables (regardless of stage of growth}, with the excep­ tion of root crops, leafy vegetables~ corn, beans, and related legumes, from such property by 5:00p.m., July 13, 1981. Such fruit, nuts, and vegPtables shall be disposed of by either of the following means: (1) Immediate consumption, freezing, preserving, or (2) Bagging such fruitst nuts, and vegetables in a tightly sealed plastic bag and placing upon the front curb for pick up. Persons unable to comply with the provisions of this ordinance for any reason shall notify the City of Palo Alto by telephone at 329-2250 by 5:00p.m. July 11, 1981, in order for the City of Palo Alto to as­ sure the remova 1 and disposal of such fruit r nuts, and vegetables. "Persons" for purposes of this chapter shall mean any per son, firm, company, partnership, association, or corporation. .. 9.58.020 City access to property. Cit)' Dmployees and other author-ized agents of the City shall he allowed access to, and may ente~, all p~operty within the City of Palo Alto for the purpose of in­ specting, removing, or disposing all frui.t, nuts, and vegetables sub­ ject to the removal requirements of this ordinance. Refusal to allow access to such prope~ty or to fully cooperate with such City employees or oth(?r authoric;ed aqents of the City shall be a violation of this ordinance, 9 .. 58.030 Penalty for violation. Any violation of this ot'di- nance is a misc1emeanor punishable by a fine of not more than $'500 or by imprisonment in the county iail for a period not exceeding six months, or by both such fine and imprisonment. 9o5S.,040 Effective during eilllergency only. This ordinance shall take effect immediately upon passage, but shall become ineffec­ tive upon a determination by the City Council by resolution that an emergency situation no longer exists ... SE_C.!.!.2!~ ..... ~· This ordin,,nc·~ is guidelines and procerlurcs adopted by fore~ is exempt f1:t.1f11 an c'nvir.nnmentc"d -'Hl emergE.'ncy project the City of Pal.o Alto {! ~; ~)(~:-; :.:;nle.n t ~ under CEQA and, there- SECTION 3. 'l'hii' ordinanc\~ \,'a!:.-; int:cnduced at a special me.~ting of the City-c-:-oun.cil for the City of ?a.l.o l\lto on 1'hursday, July 9, 1981, and was passed by a four/f 1fths vt:-.te of all Council members present at the meeting as follows: AYES: N08S: None ABSTENTIONS: None ABSENT : !\lone