HomeMy WebLinkAboutStaff Report 14050
City of Palo Alto (ID # 14050)
City Council Staff Report
Meeting Date: 4/18/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Adoption of an Ordinance Amending Existing Palo Alto Municipal Code
Chapter 5.30, Disposable Foodware Items and Other Disposable Products, to
Comply with California Assembly Bill 1276 (Single-Use Foodware Accessories
and Standard Condiments) Requiring Additional Restrictions on the Use of
Disposable Foodware and Condiments.
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1. Adopt an ordinance amending existing Palo Alto Municipal Code Chapter 5.30,
Disposable Foodware Items and Other Disposable Products, to include additional
restrictions on dispensing of disposable foodware and condiments required by Assembly
Bill 1276 (Attachment A); and
2. Adopt a resolution amending the Administrative Penalty Schedule (Attachment B).
Background
On June 24, 2019, City Council adopted Ordinance No. 5473, which amended Palo Alto
Municipal Code (PAMC) Chapter 5.30 and retitled it the “Disposable Foodware Items and Other
Disposable Products”(Staff Report #10148). The ordinance banned the use of plastic straws and
utensils in restaurants, with the objective of reducing the use of single-use disposable plastics,
which often end up littering roads and waterways or being landfilled.
On October 5, 2021, the California Governor signed into law Assembly Bill 1276, Single-use
Foodware Accessories and Standard Condiments, (AB 1276), which is related to PAMC Chapter
5.30, Single-Use Foodware Accessories and Condiments. This bill further prohibits food facilities
(food service establishments) from providing single-use and disposable foodware accessories or
standard condiments to a consumer unless requested by the consumer. Single-use is defined in
PAMC Chapter 5.30 as “disposable”, meaning items designed to be used once or a limited
number of times and then discarded, whether the item is non-recyclable, recyclable, or
compostable. The State requires jurisdictions to implement and enforce the new requirements
or authorize an enforcement agency by June 1, 2022. The proposed amendments to PAMC
City of Palo Alto Page 2
Chapter 5.30 reflect requirements in AB 1276 and provide the ability for the City’s Zero Waste
staff to enforce its requirements.
The COVID-19 pandemic has increased takeout and food delivery, which has led to an increased
use of disposable foodware. Currently, many food facilities and food delivery services provide
single-use disposable foodware and beverage accessories regardless of whether they are
needed or requested by the consumer. Amending PAMC Chapter 5.30 to conform with AB 1276
will build on existing efforts to combat waste from single-use disposable foodware items.
Providing food and beverage accessories only upon request by consumers will significantly
reduce unnecessary plastic waste and also help the City advance its 2018 Zero Waste Plan
initiatives.
Discussion
PAMC Chapter 5.30 already includes some of the AB 1276 requirements, but a few minor edits
are required to fully comply with the State’s new requirements. The most important changes
are that AB 1276 prohibits disposable foodware accessories or standard condiments from being
bundled or packaged in a way that prohibits the consumer from taking only the single item
desired (e.g., a single fork) rather than a bundle that includes multiple foodware or other items
that will be unused by the consumer. The bill also requires a food facility using a third-party
food delivery platform (e.g., Grubhub, DoorDash, Uber Eats, etc.) to list on its online or app
menu the availability of disposable foodware accessories and standard condiments and only
provide those items when requested by the consumer. Table 1 below identifies and summarizes
the requirements in AB 1276 and those that need to be added to PAMC Chapter 5.30
(Attachment A).
Table 1: Summary of AB 1276 Requirements and Proposed Amendments to PAMC 5.30
AB 1276 Requirements Changes to PAMC 5.30
Definitions Add the following definitions to 5.30.010:
(d) Condiments
(n) Third-Party Food Delivery Platforms
Provides food facilities the flexibility to
offer single-use foodware accessories to
drive-through consumers only.
None needed. Keep existing more
restrictive requirements in 5.30.25 (c) that
foodware must be requested by the
consumer.
Prohibits food facilities from bundling
single-use foodware accessories.
Add as new provision 5.30.025 (d)(1)(2)
requiring single items to be provided
through self-service dispensers.
City of Palo Alto Page 3
Prohibits a food facility or third-party
delivery platform from providing single-use
foodware accessories unless requested by
a consumer.
Update 5.30.025 (e) to include restrictions
applicable to third party deliveries.
Allows exceptions to the following
facilities:
• Correctional Institutions
• Health Care Facilities
• Residential Care Facilities
• Public and Private School Cafeterias
Add 5.30.030 (vi) listing the following
facilities as not being required to comply
with the Chapter:
(1) Health Care Facilities (patient rooms
only)
(2) Residential Care Facilities
Allows food facilities located within public
airports to offer single-use foodware
accessories to consumers.
None needed. Not applicable.
AB 1276 requires violations of its requirements to result in a notice of violation and any
subsequent violation to be cited. PAMC Chapter 1.12, Administrative Penalties – Citations, and
specifically PAMC 1.12.010, Applicability, provide the City with the sole discretion on the
remedies and procedures that may be pursued. Therefore, since PAMC Chapter 5.30 already
has specific administrative penalties in the City’s Administrative Penalty Schedule, staff
recommends consistency for the new requirements. Table 2 summarizes the new penalties to
be added to the Administrative Penalty Schedule (Attachment B).
Table 2: Summary of Updates to Administrative Penalty Schedule
Section Title Proposed New
Penalty
5.30.025 (a) to
(d)
Limitation on the use of Disposable
Foodware Items and other Disposable
products.
$100
5.30.025 (e) Limitation to third party platforms on
providing disposable foodware such
utensils or condiments unless requested by
consumer.
$350
Prior to issuing a citation for violations, appropriate outreach and education would be
conducted and warning notifications would be issued. Future enforcement of these additional
requirements in PAMC Chapter 5.30 will be led by Zero Waste staff under its current Zero
Waste enforcement program.
City of Palo Alto Page 4
Timeline
The following is a summary of the timeline for implementing the updates to the Disposable
Foodware Ordinance:
• Conduct outreach and education to stakeholders including food service providers and
third party food delivery vendors – beginning March 2022
• First Reading/public hearing – April 2022
• Second Reading – May 2022
• New foodware requirements are in effect – June 1, 2022
Resource Impact
Palo Alto already meets many of the AB 1276 requirements through its existing PAMC Chapter
5.30, therefore the amended ordinance will only require minor updates to existing outreach
and education resources and to the current Zero Waste enforcement program. These activities
will be incorporated into the existing and planned Zero Waste staffing and outreach
expenditures provided through the Fiscal Year 2022 Refuse Fund operating budget.
Policy Implications
The recommended changes to PAMC Chapter 5.30 adhere to the State of California’s new
single-use foodware and condiment requirements under AB 1276. These new requirements will
also help the City advance the following 2018 Zero Waste Plan initiatives:
• Initiative #13 - Foodware Packaging Reduction Plan;
• Initiative #26 - Foodware Packaging; and
• Initiative #38 - Reusable Filling Station at Stores and Zero Waste Supermarkets.
Stakeholder Engagement
Staff is conducting outreach and education to inform the community and food service
providers, including restaurants and third-party food delivery vendors, about the new State and
City requirements. The outreach includes direct mail to affected stakeholders, social media
posts to the community, newsletter articles, and updating the existing webpage on the Zero
Waste ordinances and requirements.
Environmental Review
This Ordinance is exempt from the requirements of CEQA under Section 15378(b)(1) of the
CEQA Guidelines because it is a general policy making activity and therefore not a “project”
within the meaning of CEQA.
Attachments:
• Attachment A - Updates to PAMC 5.30 Redline
• RESO - PAMC Penalty Schedule 5.30
ATTACHMENT A
*Yet to be passed*
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 5.30
(Disposable Foodware Items and Other Disposable Products) Title 5 (Health
and Sanitation) of the Palo Alto Municipal Code to Conform with Changes in
State Law Related to Single-Use Foodware accessories and Standard
Condiments
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Disposable foodware items are intended to be used once then discarded. These
items pose waste management challenges and can persist in the environment for many years,
causing harm to wildlife and blight to waterways. The production, use and disposal of these
items have significant environmental impacts, including environmental contamination;
consumption of energy, water, and non-renewable polluting fossil fuels; emissions of
greenhouse gases; release of air and water pollutants; depletion of natural resources; litter on
streets and in waterways; plastic pollution; and increased litter clean-up and waste
management costs.
B. Plastics in waterways and oceans break down into smaller pieces that are not
biodegradable. Among other hazards, plastic debris attracts and concentrates ambient
pollutants in seawater and freshwater, which can transfer to fish, other seafood and salt that is
eventually sold for human consumption.
C. The practice of freely giving consumers disposable foodware encourages
consumers, retailers, and food vendors to pay little attention to the quantity of disposable
packaging products they consume and the associated environmental impact.
D. The City of Palo Alto updated its Zero Waste Plan in 2018, with new provisions
designed to help the City reach its goal of 95% diversion of materials from landfills by 2030, and
80% reduction of greenhouse gases by the same year. Disposable foodware poses difficulties
for composting or recycling, and therefore hampers Palo Alto’s goal of zero waste.
E. Policies that restrict the use of disposable foodware encourage reduction of
pollutants and are crucial for conserving resources and protecting the environment, and
integral to Palo Alto’s goal of zero waste.
ATTACHMENT A
SECTION 2. Section 5.30.010 (Definitions) of Chapter 5.30 (Disposable Foodware Items and
Other Disposable Products of Title 5 (Health and Sanitation) of the Palo Alto Municipal Code is
amended as follows (new text underlined and deleted text struck through):
5.30.010 Definitions.
(a) "City Facilities" refers to any real property, building, structure or vehicle owned or
operated by the City of Palo Alto, its agents, departments and franchises.
(b) "Compostable" means items deemed acceptable within the city's compost collection
program as determined by the Director of Public Works and identified on the city's website.
(c ) “Condiment” means relishes, spices, sauces, confections, or seasonings that require no
additional preparation and that are usually used on a food item after preparation, including
ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar
substitutes.
(dc) "Disposable" means items designed to be used once or a limited number of times and
then discarded, whether the item is non-recyclable, Recyclable or Compostable.
(ed) "Food Service Container" means a product used by Food Service Establishments for
serving or transporting prepared and ready-to-consume food or beverages. This includes but is
not limited to plates, cups, bowls, lids, trays and hinged or lidded containers.
(fe) "Food Service Establishment" means any establishment, located or providing food within
the City of Palo Alto, which provides prepared and ready to consume food or beverages, for
public consumption including but not limited to any Retail Service Establishment, eating and
drinking service (as defined in Title 18), takeout service (as defined in Title 18), supermarket,
delicatessen, restaurant, food vendor, sales outlet, shop, cafeteria, catering truck or vehicle,
cart or other sidewalk or outdoor vendor or caterer which provides prepared and ready-to-
consume food or beverages, for public consumption, whether open to the general public or
limited to certain members of the public (i.e., company cafeteria for employees). For the
purpose of this ordinance “Food Service Establishment” shall include all entities found in “Food
Facility” as listed in CA HSC Ch.2 Section 113789(a).
(gf) "Foodware Item" means any item used or provided by Food Service Establishments to
serve or consume food or beverages. Foodware Items include Food Service Containers,
condiment cups and packets, straws, utensils (forks, spoons, sporks, knives, chopsticks), drink
stirrers, beverage spill plugs, napkins, and other drink or food accoutrements.
(hg) "Plastic Foam" means blown expanded and extruded plastic foams made from
polystyrene or other resins which are processed by any number of techniques including, but not
limited to, fusion of monomer spheres (expanded bead plastic), injection molding, foam
molding and extrusion-blown molding (extruded foam plastic). Expanded polystyrene and other
plastic foam resins are generally used to make disposable cups, bowls, plates, trays, egg
cartons, clamshell containers, ice chests, shipping boxes and packing materials.
(ih) "Plastic Foam Products" means Disposable Plastic Foam ice chests, cups, bowls, plates,
clamshells, shipping boxes containers, egg cartons, packaging peanuts, packing blocks or other
packaging materials that are not wholly encapsulated or encased by a more durable material.
ATTACHMENT A
Additional Plastic Foam Products may be added by administrative regulation promulgated by
the Director of Public Works.
(ji) "Prepared Food" means any food or beverage prepared for consumption using any
cooking, packaging, or food preparation technique, including but not limited to cooking,
chopping, slicing, mixing, freezing, squeezing, or brewing, and which requires no further
preparation to be consumed. Prepared food includes uncooked fruits or vegetables, "take-out"
food, or food prepared to be consumed off the Food Service Establishment premises. Prepared
Food does not include any uncooked meat, fish or poultry.
(kj) "Recyclable" means items deemed acceptable within the city’s recycling collection
program as determined by the Director of Public Works and identified on the city’s website.
(lk) "Retail Service Establishment" shall have the same meaning as Retail Service as defined
in Title 18 of this Code.
(ml) "Reusable Foodware" means a Foodware Item made of durable materials and designed
to be used repeatedly with a useful life greater than one year.
(n) “Third-party food delivery platform” means a business engaged in the service of online
food ordering and delivery from a food service establishment to a consumer.
Section 3. Section 5.30.025 (Limitation on the use of Disposable Foodware Items and other
Disposable products) of Chapter 5.30 (Disposable Foodware Items and Other Disposable
Products of Title 5 (Health and Sanitation) of the Palo Alto Municipal Code is amended as
follows (new text underlined and deleted text struck through):
5.30.025 Limitation on the use of Disposable Foodware Items and other Disposable products.
Effective January 1, 2020:
(a) Food Service Establishments are prohibited from providing the following Disposable
Foodware Items:
1. Plastic straws
2. Plastic utensils (e.g., forks, knives, spoons, sporks, chopsticks)
3. Plastic drink stirrers, drink plugs, and other drink accoutrements such as novelty cocktail
accessories
4. Plastic food picks and toothpicks
(b) Food Service Establishments, City Facilities, and vendors at City-sponsored events shall
provide the following Foodware Items only if they are Reusable or Compostable:
1. Straws
2. Utensils (e.g., forks, knives, spoons, sporks, chopsticks)
3. Drink stirrers, drink plugs, and other drink accoutrements such as novelty cocktail
accessories
4. Food picks and toothpicks
(c) Food Service Establishments shall provide permitted Disposable Foodware Items, other
than Food Service Containers, only upon customerconsumer request or at a self-serve station.
ATTACHMENT A
(d) Food Service Establishments are prohibited from providing consumers with wrapped
bundled foodware and condiments.
1. Food Service Establishments may provide unwrapped disposable foodware accessories
by a single serve dispenser to a consumer using refillable self-service dispensers that dispense
one item at a time to allow for disposable foodware accessories to be obtained.
2. Food Service Establishments may provide condiments to a consumer using refillable self-
service dispensers to allow for condiments to be obtained.
(e) Third-party food delivery platforms are prohibited from providing foodware and
condiments unless the consumer selects or requests the items.
1. Consumers must have the option to opt-in to request disposable foodware and
condiments including the number of each unit identified on the third-party food delivery
platform application, food service establishment web site, or any vendor website or app when
picking-up food from a food service establishment and delivering food to a consumer.
2. If a consumer does not select any disposable foodware accessories or condiments, no
disposable foodware accessory or condiment shall be provided by the food service
establishment or third-party vendor for delivery with ready-to-eat food.
Section 4. Section 5.30.030 (Exemptions) of Chapter 5.30 (Disposable Foodware Items and
Other Disposable Products of Title 5 (Health and Sanitation) of the Palo Alto Municipal Code is
amended as follows (new text underlined and deleted text struck through):
5.30.030 Exemptions.
(a) The following exemptions shall apply:
(i) Foods prepared or packaged outside the City of Palo Alto are exempt from the provisions
of this Chapter. Purveyors of food prepared or packaged outside the City of Palo Alto are
encouraged to follow the provisions of this Chapter.
(ii) The Director of Public Works may exempt a Food Service Establishment, Retail Service
Establishment or City Facility/vendor from the requirements of this Chapter for a period of up
to one year, if the applicant for such exemption can demonstrate that the conditions of this
Chapter would cause an undue hardship. An "undue hardship" includes, but is not limited to
situations unique to the applicant where there are no reasonable alternatives to Plastic Foam
Products or non-recyclable plastic Disposable Food Service Containers and compliance with this
Chapter would cause significant economic hardship to that applicant, or cause them to be
deprived of a legally protected right.
(iii) A Food Service Establishment, Retail Service Establishment or City facility/vendor seeking
an exemption application shall include all information necessary for the City to make its
decision, including but not limited to documentation showing the factual support for the
claimed exemption. The Director may require the applicant to provide additional information to
permit the Director to determine facts regarding the exemption application. This exemption
does not apply to the requirements found in California Public Resource Code Chapter 5.2
Single-Use Foodware Accessories and Condiments.
(iv) Emergency Supplies and Service Procurement. City facilities, Food Service
Establishments, Retail Service Establishments, City contractors and vendors doing business with
ATTACHMENT A
the City shall be exempt from the provisions of this chapter, in a situation deemed by the City
Manager to be an emergency for the immediate preservation of the public peace, health or
safety.
(v) Nothing in this Chapter shall restrict, or be construed to restrict, the availability of single-
use plastic straws to individuals who may require and request the use of single-use plastic
straws due to disability or other medical or physical conditions or circumstances.
It shall not be a violation of this Chapter for any Food Service Establishment, City Facility or City-
sponsored event vendor to provide single-use plastic straws to such individuals who request
plastic straws.
(vi) The following facilities are not required to comply with the provisions in this chapter.
(1) Health Care Facilities (patient rooms only)
(2) Residential Care Facilities
Section 5. If any section, subsection, clause or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portion or sections of the
Ordinance. The Council hereby declares that it should have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
Section 6. This ordinance is exempt from the requirements of the California Environmental
Quality Act (CEQA) because under Section 15378(b)(1) of CEQA Guidelines, it is a general policy
making activity and therefore not a “Project” within the meaning of CEQA.
Section 7. This ordinance shall be effective on the thirty-first day after the date of its adoption.
NOT YET ADOPTED
1
Resolution No. _____
Resolution of the Council of the City of Palo Alto Amending and
Restating the Administrative Penalty Schedule and Civil Penalty
Schedules for Certain Violations of the Palo Alto Municipal Code
and the California Vehicle Code Established by Resolution
No. 10000
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Administrative Penalties. The administrative penalty schedule for violations of the
Palo Alto Municipal Code established by Resolution No. 10000 is hereby amended and restated
to read as follows:
Standard penalty unless otherwise indicated below. $50
Second violation within 36 month period 150% of listed penalty
(unless otherwise specified)
Third & subsequent violations within 36 month period. 200% of listed penalty
(unless otherwise specified)
Delinquency penalty. 10% per month, simple interest, on
delinquent amount
4.04.020 License or permit required. 300
4.04.100 Display of license or permit. 300
4.10.045 License fees for pushcart vendors. 300
4.10.050 Regulations for solicitors and peddlers. 350
4.10.055 Identification cards for solicitors. 250
4.10.057 Regulations for pushcart vendors. 300
4.10.070 License required - circus etc. 300
4.10.120 Arcade prohibited. 250
4.10.200 Pawn brokers prohibited. 250
4.10.230 Daily report of second hand dealers. 250
4.10.240 Maintaining reports - second hand dealers. 250
4.10.260 Failure to make report - second hand dealers. 250 4.10.270 Second hand goods held for inspection. 250
4.18.040 Unlawful dog or cat kennel. 250
4.30.010 Soliciting without a permit. 250
4.30.100 Conduct of solicitations. 250
4.32.020 Soliciting without a permit. 250
4.32.060 Investigation of records of solicitor. 250
4.32.090 Acts required during solicitation. 250
4.32.100 Restriction of solicitation. 250
4.32.110 Hours of solicitation. 250
4.34.020 Permit required - closing out sale. 250
4.39.030 Audible alarms. 250
4.39.040 Limitation on automatic dialing devices. 250
NOT YET ADOPTED
2
4.39.060 Registration of alarm. 250
4.39.110 Alarm violations. 100
4.42.020 Certificate of public convenience. 1000
4.42.085 Controlled substance and alcohol testing. 500
4.42.090 Taxi owners permit. 5000
4.42.100 Taxi drivers permit expired. 250
4.42.130(b) Taxi drivers permit not displayed. 250
4.42.190 Taximeters. 500
4.42.200 Taxi cab operating regulations. 250
4.42.210(a) Interference with inspection. 500
4.42.210(b) Inspection of vehicles. 500
4.42.220 Operating regulations. 500
4.42.230 Maintenance of vehicles. 500
4.51.030 License required - bingo. 250
4.51.050 Minors restricted - bingo. 50
4.51.080 Staffing and operations - bingo. 250
4.51.110 Physical presence required - bingo. 250
4.52.020 License required - billiards and bowling. 1000
4.52.040 Minors restricted - billiards and bowling. 250
4.52.060 Offensive conduct - billiards and bowling. 250
4.52.070 Interference w/emerg. Access -billiards/bowling. 250
4.54.030(a) Permit required - massage establishment. 1000
4.54.060(a) Permit required - massage tech. 250
4.54.110 Massage establishment facilities. 250
4.54.130 Business name - massage. 250
4.55.030 License required - adult entertainment. 1000
4.56.030 License required - hot tub and sauna. 1000 4.56.060 Employee permit required - hot tub and sauna. 250
4.56.100 Hot tub/sauna establishment and operations. 250
4.56.120 Business name - hot tub and sauna. 250
4.56.150 Display of permit - hot tub and sauna. 250
4.56.200 Employment of persons < 18 - hot tub and sauna. 250
4.57.020 Permit required - firearms sales. 1000
4.57.095 Firearms dealers – business and security. 500
4.58.020 Minors restricted - narcotics paraphernalia shop. 750
4.58.030 Regulations - narcotics paraphernalia shop. 750
4.59.010 Pet shop requirements. 250
4.59.020 Pet shop sanitation. 250
4.59.030 Pet shop food. 250
4.59.040 Pet shop notification. 250
4.59.050 Pet shop - sale of dangerous or wild animals. 250
4.59.070 Dead animals. 250
4.59.080 Permit required - pet shop and kennel. 250
4.59.090 Permit required - grooming shop. 250
4.59.095 Sales of kittens and puppies. 250
4.59.100 Sales of raccoons. 250
4.59.105 Sales of rabbits, chicks, ducklings. 250
4.60.030 Business registration required 250
4.60.060 Business registry application required 250
4.60.120(a) Business registry fee delinquency 50% of registry fee if 1-30 days late
100% of fee or 31+ days late
5.12.010 Permit required - refreshment stand. 250
5.20.030 Discarding solid waste. 250
NOT YET ADOPTED
3
5.20.040 Accumulation of garbage. 250
5.20.050 Unauthorized bins, boxes, containers-first violation. 500
Second and subsequent violations. 1000
5.20.080 Number of containers required. 250
5.20.090 Collection of recyclable materials. 250 for Commercial Premises
50 for Residential Premises
5.20.100 Collection of compostable materials. 250 for Commercial Premises
50 for Residential Premises
5.20.105 Contamination of containers. 250 for Commercial Premises
50 for Residential Premises
5.20.108 Multifamily properties/Commercial premises. 250
5.20.109 Requirements for special events. 100
5.20.111 Self-haul in violation of code 100
5.20.120 Improper container condition. 250
5.20.130 Maintenance of bins and boxes- first violation. 250
Second and subsequent violations. 500
5.20.160 Spillage or leakage of solid waste. 250
5.20.180 No accumulation of solid waste. 250
5.20.190 No burning, burial, or dumping of solid waste. 250
5.20.200 Hazardous waste. 500
5.20.220 Scavenging prohibited. 100
5.30.020 Polystyrene & Non-Recyclable Plastic. 500
5.30.025(a)-(d) Limitation on use of Disposable Foodware items 100
and other Disposable products.
5.30.025(e) Prohibition of third-party vendors providing utensils 350
or condiments unless requested by customer.
5.35.020 Bags at retail establishments. 500
5.35.030 Bags at supermarkets. 500
6.08.020(b) Interference with animal control officer. 250
6.16.010 No dog license. 50
6.16.080 Number of dogs allowed. 100
6.16.100 Leash Law. 100
6.20.010 Animals at large. 100
6.20.020 Animals on unenclosed premises. 100
6.20.030 Animals kept in enclosures. 100
6.20.035 Tying animals to bicycle racks or trees. 100
6.20.040 Nuisance on sidewalk. 100
6.20.045 Animal waste removal - first offense. 25
6.20.045 Animal waste removal - second offense. 50
6.20.045 Animal waste removal - third offense. 125
6.20.055 Animals in vehicles. 250
6.20.060 Bees close to property line. 100
6.20.080 Permit required - livestock. 100
6.20.090 Maintaining birds, goats, pigs and rabbits. 100
6.20.110 Number of cats kept. 100
6.20.120 Permit required - breeding animals. 100
6.20.130 Cat or dog in heat. 100
6.20.140 Barking dogs. 100
6.20.150 Vaccination required - animals. 100
6.20.160 Sanitary enclosures. 100
6.20.170 Slaughter of animals. 500
6.24.020 Permit required - construction of stable. 250
6.24.050 Maintenance of stable. 250
NOT YET ADOPTED
4
6.28.040 Possession of dangerous or wild animals. 500
6.32.010 Keeping diseased animals. 500
6.32.020 Confining animals with rabies. 500
6.32.050 Dead animals in public. 500
6.36.010 Sales of certain animals. 250
8.04.020 Permit required - tree work. 500
8.04.080 Interference with tree enforcement. 500
8.08.010 Weeds as public nuisance. 250
8.10.050 Protected trees. 500
8.10.070 Care of protected trees. 500
8.10.080(b) Development conditions. 500
9.04.010 Open container in business district. 100
9.04.020 Open container in City parking lot. 100
9.04.030 Open container near liquor store. 100
9.04.040 Social host. First violation 250
Second violation 500
Third & subsequent violation 1000
9.07.020 Safe Storage of Firearms 1000
9.08.010 Discharge of firearms/fireworks. 1000
9.09.010(a) Urinating/defecating on street or public place. 250
9.09.010(b) Igniting or maintaining outdoor fire. 250
9.10.030 Residential property noise limits. 100
9.10.040 Commercial property noise limits. 100
9.10.050 Public property noise limits. 100
9.10.060(b) Construction noise signs. 250
9.10.060(c) Construction noise. 250
9.10.060(d) Construction equipment noise. 100 9.10.060(e) Residential power equipment noise. 100
9.10.060(f) Leaf blower noise- first violation. 100
Leaf blower noise- second violation 150
Leaf blower noise- third and subsequent violation 300
9.10.060(g) Street sweeping noise. 100
9.10.060(h) Refuse collection noise. 100
9.10.060(i) Safety device noise. 100
9.10.060(k) Public parking lot cleaning noise. 100
9.10.060(l) Business district street cleaning noise. 100
9.12.010 Loudspeakers. 150
9.14.020 Smoking prohibited - enclosed places. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.025 Smoking prohibited – unenclosed areas. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.030 Smoking prohibited - city cars. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.035 Smoking prohibited – public parks and public events 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.040 Smoking prohibited - child care facilities. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.050 Smoking prohibited – commercial areas
NOT YET ADOPTED
5
and public events. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.080 Location of tobacco vending machines. 1000
9.14.090 Display of tobacco products. 500
9.14.100 Failure to post “No Smoking” signs. 50
9.22.010 Impersonating public officials. 500
9.26.020 False representation as police officer. 250
9.28.010 Hotel guest register required. 250
9.28.020 Use of false name by hotel guest. 50
9.40.020 Landing aircraft at other than airport. 1000
9.44.010 Solicitation prohibited - public parking lot. 100
9.48.010 Displaying goods on sidewalk. 50
9.48.025 Sitting or lying on University Avenue sidewalks. 100
9.48.030 Operation of sidewalk elevator. 500
9.48.040 Throwing rubbish on streets. 250
9.48.050 Obligation to clean sidewalk. 200
9.50.010 Graffiti prohibited on public property. 500
9.56.030 Abatement of public nuisance. 500 unless otherwise specified
9.56.030(a)(5) Thirty-five foot site triangle. 200
9.56.030(a)(8) Foliage/branch obstruction. 200
9.56.030(a)(10) Excessive planting strip vegetation height. 150
9.60.030 Blocking entrances to City Hall. 500
9.60.050 Placing signs or climbing on City Hall. 500
9.60.060 Bicycles and skateboards at City Hall. 50
9.60.070 Alcoholic beverages prohibited - City Hall. 100
9.64.010 Overnight use of community facilities 250 9.74.030 Discrimination in housing. 250
9.78.020 Mosquito breeding places. 500
9.79.100 News rack violations. 100
12.08.010 Permit required - public right of way. 500
12.08.100 Removal of City Engineer monuments. 500
12.12.010 Building on public easement without or in violation 1000
of encroachment permit
12.12.020 Failure to obtain or violation of commercial 500
sidewalk encroachment permit
12.16.030 Overhead wires in underground districts. 500
12.16.090 Property owner responsibility. 500
12.20.010 Utility rules and regulations 500 unless otherwise specified
12.20.010 Emergency water conservation regulations 100 (2nd violation in 1 year: $250;
(Reso. Nos. 9509, 9460, 9449) 3rd and subsequent violations
in 1 year: $500)
12.20.020 Providing false information to City Utilities. 500
12.32.010 Water use regulation. 100
15.04.070 Violations of Uniform Fire Code. 500 unless otherwise specified
16.04.050 Violations of California Building Code as amended. 500 unless otherwise specified
16.05.040 Violations of California Mechanical Code as amended500
16.06.050 Violations of California Residential Code as amended.500
16.08.040 Violations of California Plumbing Code as amended. 500
16.09.260 Violations of Sewer Use Ordinance 1000
16.10.020 Construction of private sewer system. 750
16.10.050 Permit required - private sewage system. 500
16.14.040 Violations of California Green Building 500
NOT YET ADOPTED
6
Standards Code as amended
16.14.260 Failure to meet diversion requirements. $150 per ton of waste not
diverted or $3000, whichever is
greater
16.14.370 Failure to meet diversion requirements. $150 per ton of waste not
diverted or $3000, whichever is
greater
16.16.060 Violations of California Electrical Code as amended. 500
16.17.020 Violations of California Energy Code as amended. 500
16.18.020 Violations of International Pool and Spa Code as 500
amended
16.20.020 Design review required - signs. 500
16.20.090 Prohibited signs. 250
16.20.100 Prohibited locations - signs. 250
16.20.110 Fuel price signs required. 250
16.20.210 Non-compliance with sign ordinance. 250
16.20.230 Abandoned signs. 250
16.20.250 Parking of advertising vehicles. 250
16.24.080 Fence violation. 250
16.28.060 Permit required - excavation and grading. 500
16.28.330 Protection of adjacent property. 500
16.28.340 Deposits of earth, rock, etc. 500
16.32.010 Permit required - moving a building. 250
16.36.050 Curb painting without a permit. 100
16.36.060 House numbering required. 100
16.38.020 Certificate of occupancy – community housing. 500
16.40.040 Dangerous and substandard buildings. 500 16.40.090 Non-compliance with order of building official. 500
16.40.180 Interference with repair or demolition work. 500
16.42.090 Failure to submit seismic report. 250
16.45.070 Failure to pay fee - Stanford Research Park. 250
16.46.060 Failure to pay fee - San Antonio - West Bayshore. 250
16.47.050 Failure to pay housing impact fee. 250
16.49.050 Exterior alteration of downtown historic structures 10000
or a significant structure outside the downtown
without or in violation of permit
16.49.060 Demolition of a significant downtown building 10000
without or in violation of permit
16.49.070 Demolition of a contributing downtown structure 10000
or significant structure outside the downtown
without or in violation of permit
16.49.080 Maintenance of downtown historic structure. 10000
16.49.090 Demolition of downtown historic structure. 10000
16.52.070 Construction - flood hazards. 500
16.59.090 Failure to pay fee- Citywide Transportation Impact. 250
16.60.090 Failure to pay fee- Charleston/Arastradero. 250
16.62.020 Maintenance of expired building permit 200 for 31st through 60th day
400 for 61st through 120th day
800 for 121st day and thereafter
17.04.020 Violations of hazardous materials storage. 500, unless otherwise specified
17.04.030 Specific obligation - hazardous materials. 500
17.10.010 General obligation - underground storage tanks. 750 unless otherwise specified
17.10.040 Permit required - underground storage. 500
NOT YET ADOPTED
7
17.10.140 Financial responsibility - underground storage. 500
17.10.150 Monitoring underground storage tanks. 1000
17.10.170 Unlawful abandonment - underground storage tanks.1000
17.12.010 Permit required - hazardous materials storage. 750
17.12.020 New hazardous materials storage facilities. 750
17.12.060 Hazardous materials storage facilities. 750
17.16.010 Hazardous materials management plan. 250
17.20.010 Hazardous materials inventory statement. 250
17.24.010 Hazardous materials discharge report. 750
17.32.010 Permit required - storage of hazardous materials. 1000
18.01.080 Violation of zoning laws. 500
18.16.060(d)Hotel stay in excess of 30 days. 200
18.38.020 Planned Community zoning (unless otherwise 500
specified in PC ordinance) 2500 beginning the 181st day
following notice of violation
Violations of Ordinance 5069 shall
be subject to the penalties listed
above except that the penalty for
violations of Sections 4(b)(1), (2),
(6), and (7) of Ordinance 5069 shall
not be subject to the penalties
above or to the escalators for
second, third and subsequent
violations, but shall be $2157 per
day, for each and every day that a
grocery store is not in operation within College Terrace Centre in
accordance with the terms of
Ordinance 5069. (The City Council
intends to adjust this penalty
amount periodically in future
updates to this administrative
penalty schedule to account for
periodic increases in the Consumer
Price Index for All Urban
Consumers.) In calculating the
penalties for such violations, the
City will allow for a grace period for
any daily violations that do not
exceed six (6) cumulative months in
any five (5) year period. However,
this grace period was previously
applied to violations from 1/10/18
through 7/10/18, so there is no
entitlement to any further grace
period prior to 1/10/23.
18.42.060(a)Incompatibility of home occupations. 200
18.42.060(b) Employees of home occupation. 200
18.42.060(c) On site advertising of home occupation. 200
18.42.060(d) Floor area of home occupation. 200
18.42.060(e) Traffic related to home occupation. 200
18.42.060(f) Home occupation as nuisance. 200
NOT YET ADOPTED
8
18.42.060(g) Outdoor storage related to home occupation. 200
18.42.070 Servicing vehicles in residential zone. 250
18.52.050 Transportation demand management conditions 1000
4000 beginning the 181st day
following notice of violation
18.84.200 Temporary uses. 250
22.04.030 Compliance with park regulations. 46 for violation of regulation R1-6
requiring payment of Foothills Park
entry fee; 250 for violation of all
other Park & Open Space
Regulations.
22.04.040 Failure to obtain use permit. 300
22.04.150(b) Entry at unapproved location - Foothills Park 50
22.04.150(c) Person in park after hours - Foothills Park. 250
22.04.150(d) Speed limit 20MPH - Foothills Park. 250
22.04.150(e) Vehicles in Foothills Park after hours. 100
22.04.150(f) Skateboards and motorcycles - Foothills Park. 250
22.04.150(g) Smoking on trails - Foothills Park. 1000
22.04.150(h) Fires in Foothills Park. 1000
22.04.150(i) Use of trails - Foothills Park. 100
22.04.150(l) Unleashed dog - Foothills Park. 250
22.04.155 Restraint of dogs in City parks. 250
22.04.160 Permit required - sales in parks. 250
22.04.170 Violation of park use permit. 250
22.04.180 Sound in parks. 250
22.04.190 Unauthorized golf and other games in parks. 250 22.04.200 Unauthorized models and kites in parks. 100
22.04.210 Parking in parks. 100
22.04.215 Launch and takeout from ramp or dock. 250
22.04.220 Bicycle not permitted on trails. 250
22.04.230 Dumping in park. 1000
22.04.240 Interference with park use permit. 250
22.04.250 Park regulations . 250 unless otherwise specified
22.04.260 Discharge of weapons in park. 500
22.04.270 Removal of flora or fauna. 500
22.04.280 Removal of turf or soil. 500
22.04.290(a) Damaging, defacing, etc., property. 1000
22.04.290(b) Marking, writing or printing on property. 1000
22.04.290(c) Attaching sign, etc., without permit. 500
22.04.290(d) Entering, etc., structure after posted hours. 250
22.04.290(e) Bringing portable tables without a permit. 100
22.04.300 Unlawful fire in city park. 1000
22.04.310 Enid Pearson Arastradero, Esther Park closure. 250
22.04.315 Byxbee Park and Baylands closed. 250
22.04.320 Parks closed. 250
22.04.321(a)Skateboarding in park after hours. 50
22.04.322 Trespass at Rinconada Park pool. 50
22.04.330 Alcohol in Cogswell Park. 250
22.04.331 Alcohol in Lytton Plaza. 250
22.04.332 Alcohol in Johnson Park. 250
22.04.333 Alcohol in Boulware Park. 250
22.04.334 Alcohol in Scott St. Minipark. 250
NOT YET ADOPTED
9
22.04.335 Alcohol in Greer Park. 250
22.04.336(a)Alcohol in Rinconada Park. 250
22.04.337 Alcohol in Mitchell Park. 250
22.04.338 Alcohol in Robles Park. 250
22.04.339 Alcohol in Hopkins Park. 250
22.04.340 Vehicles in park. 250
22.04.341 Alcohol in El Palo Alto Park. 250
22.04.342 Alcohol in Heritage Park. 250
22.04.343 Alcohol in Pardee Park. 250
22.04.350 Consumption of alcoholic beverage in vehicles. 250
22.04.360 Open container in park - alcoholic beverage. 250
22.04.370 Reckless driving in park. 250
22.04.380 Unlawful riding and towing in parks. 250
22.04.390 Duck pond. 100
SECTION 2. Municipal Code Civil Penalties. The civil penalty schedule for violations of the Palo
Alto Municipal Code established by Resolution No. 10000 is hereby restated to read as follows*:
Standard penalty unless otherwise indicated below. $46
10.36.020 No parking in parkways. 46
10.36.030(a)Storage on the street (72 hours). 86
10.36.040(a)(1)Vehicle for sale on street. 46
10.36.040(a)(2)Repairing vehicle on street. 46
10.36.050 Not w/in 18” of left curb--One-way street. 46
10.36.090 Removal of chalk markings. 111
10.40.020(a)(1)Parking violation – red curb. 46
10.40.020(a)(4)Parking violation – green curb. 46
10.40.020(a)(5)Parking violation – blue curb. 308
10.40.020(b)Parking in violation of sign (except blue curb). 46
10.40.020(b)Unlawful disabled parking - signs (blue curb). 308
10.40.040(b)Commercial vehicle double parking. 46
10.40.050 Unlawful parking in yellow loading zone. 46
10.40.060 Unlawful parking in passenger loading zone. 46
10.40.070 Unlawful alley parking. 46
10.40.100(g)Parking in a bus zone. 46
10.44.010(b)Overtime parking (limited time zone). 41
10.44.010(c)Additional violation of time limited or no 44
parking zones.
10.44.020(a)Oversized vehicle parking in residential or 46
public facilities zones 2am-6am.
10.44.040(b)Not in space marking. 46
10.44.050(b)Parking violation--temporary sign. 46 10.44.060 Dealers--parking for sale or repair. 46
10.44.070(b)Parking in violation of posted sign. 46
10.44.080 Vehicle obstruction of roadway or lot. 46
10.44.090 Unattended vehicle, engine running. 111
10.45.110 Parking in on-street valet parking space. 46
10.46.110 Overtime residential parking permit (CT) 53
10.48.030 Truck route violation. 211
10.50.100(a)Violation of posted RPP permit sign 53
10.60.070(c)Permit not properly displayed. 41
10.60.070(d)Overtime permit parking in City lot. 41
10.60.070(e)Parking without permit in permit area. 46
NOT YET ADOPTED
10
22.04.150(e)In Foothills Park after hours. 111
22.04.210 Parking in parks. 111
Late payment penalty. 35
Collection cost penalty. 35% of listed penalty
*All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and
Government Code 76000.3 (S.B. 857, 2008) totaling $12.50.
SECTION 3. Vehicle Code Civil Penalties. The civil penalty schedule for violations of the
California Vehicle Code established by Resolution No. 10000 is hereby restated to read as
follows*:
5200 No front license plate. $78
(If corrected within 31 days) 10 (state mandated)
5204(a) No registration tabs on license plate. 78
(If corrected within 31 days) 10 (state mandated)
21113(a) Parking on public grounds. 46
22500(a) Parking in an intersection. 46
22500(b) Parking in a crosswalk. 46
22500(d) Parking w/in 15 feet--fire station driveway. 46
22500(e) Blocking driveway. 46
22500(f) Parking on sidewalk. 46
22500(g) Parking or stopping--excavation site, etc. 46
22500(h) Double parking on roadway. 46
22500(i) Parking in a bus zone. 261
22500(l) Parking in front of accessible curb. 303
22500.1 Parking in a fire lane (public or private). 46
22502 Right hand wheels not w/in 18” of rt. curb. 46
22505(b) Parking on state highway violation. 46
22507.8(a-b)Unlawful parking in handicapped space. 303
22507.8(c)(1-2)Straddling Lines/Cross hatched, disabled. 303
22511.57(a) Parking/standing of vehicle in disabled parking $753
stall or space with invalid license/placard.
22511.57(b) Unauthorized use of license/placard for vehicle $753
parking/standing in disabled parking stall or space.
22511.57(c) Parking/standing of vehicle in disabled parking $753
stall or space with counterfeit, forged, altered or
mutilated license/placard for disabled.
22514 Parking within 15 feet of fire hydrant. 46
22515 Unattended vehicle, engine running. 111
22516 Person locked in vehicle. 111
22521 Parking within 7 1/2 feet of railroad tracks. 46 22522 Parking near sidewalk access ramp. 303
22523(a) Unlawful abandonment of vehicle on highway. 131
22523(b) Abandoned vehicle--public/private property. 131
22526 Entering/blocking intersection – anti-gridlock. 131
22951 No street, alley parking--patron vehicles. 46
*All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and
Government Code 76000.3 (S.B. 857, 2008) totaling $12.50.
NOT YET ADOPTED
11
SECTION 4. The Council finds that the adoption of this resolution does not meet the definition
of a project under Public Resources Code Section 21065, thus, no environmental assessment
under the California Environmental Quality Act is required.
SECTION 5. This resolution shall be effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
________________________________ ________________________________
City Clerk Mayor
________________________________ ________________________________
Assistant City Attorney City Manager
________________________________
Director of Public Works