HomeMy WebLinkAboutStaff Report 2305-141115.Adopt an Ordinance Amending Palo Alto Municipal Code (PAMC) Section 9.10.060 (f)
and Adoption of a Resolution to Modify the Administrative Penalty Schedule Related to
Enforcement of the City’s Gas-Powered Leaf Blower Ban. Environmental Analysis: Not
Subject to CEQA Review in Accordance with CEQA Guidelines 15061(b)(3).
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: June 19, 2023
Report #:2305-1411
TITLE
Adopt an Ordinance Amending Palo Alto Municipal Code (PAMC) Section 9.10.060 (f) and
Adoption of a Resolution to Modify the Administrative Penalty Schedule Related to Enforcement
of the City’s Gas-Powered Leaf Blower Ban. Environmental Analysis: Not Subject to CEQA Review
in Accordance with CEQA Guidelines 15061(b)(3).
RECOMMENDATION
Staff recommends that Council adopt:
(1) Ordinance (Attachment A) amending PAMC Title 9, Public Peace, Morals, and Safety,
Chapter 9.10, Noise, Section 9.10.060 to expand the scope of the gas-powered leaf blower
ban in residential neighborhoods; and
(2) Resolution (Attachment B) increasing the administrative penalty related to gas-powered
leaf blower use in residential neighborhoods.
BACKGROUND
On February 6, 2023, the City Council held a public hearing to consider staff recommended
changes to the noise ordinance and penalty schedule to improve the efficiency enforcing the
City’s gas-powered leaf blower ban in residential districts. The recommended amendments
remove a five-day citation “waiting period” that impedes the City’s ability to cite violators in the
act of using prohibited equipment. Another recommended amendment would clarify and assert
the City’s ability to assign property owner liability for knowingly hiring or allowing a person to
use a gas-powered leaf blower on their residentially zoned property. Staff also recommended
adjustments to the City’s penalty schedule related to gas-powered leaf blower use to be aligned
with other municipal code violations. The staff report and City Council action minutes from
February 6, 2023 is available online and contains additional information in support the City’s
interest to advance these changes.1
The City Council approved the staff recommendations, which is the reason this ordinance is being
presented to the City Council on the consent calendar. In addition to the recommended actions,
the City Council also referred to the Policy and Services Committee a discussion considering a ban
on gas-powered leaf blowers citywide and to evaluate the replacement of internal combustion
engines for other gardening equipment for residences and commercial properties. This work has
been assigned to the planning and development services department and is included on its
workplan but is currently un-resourced as staff resources are currently focused on other Council
priorities.
The City Council also directed staff to incorporate the concept of ‘constructive knowledge’ of the
property owner or property manager. A property owner or property manager may not know that
a gas-powered leaf blower is being used on their property, such as those residents who work
outside of the home. Without actual or constructive knowledge that a gas-powered leaf blower
is being used, an owner/property manager may not have an opportunity to cure an issue and
such citations could be overturned if challenged. The remedy is to provide some form of notice
to the property owner or property manager with a timeline or opportunity to cure the violation
before being cited. Existing practice already includes a notice provision that the City’s code
enforcement staff does and would continue to use any time a violation is alleged (reported by a
community member or witnessed by City staff) or when seeking compliance from the individual
or entity hiring the gardener. Accordingly, no further amendment to the existing municipal code
is required as this approach is consistent with existing rules and practices.
Another concern the City Council considered with regard to enforcement was related to equity
and a concern that a gardener being cited for violating the ordinance may be experience the
impact of a fee penalty more acutely than a property owner or property management company.
To help mitigate this concern, staff presented a robust public engagement strategy intended to
inform gardeners and homeowners of the existing and anticipated rule changes. This strategy has
been previously endorsed by the City Council on February 6, 2023 and is summarized below in
the community engagement section of this report. Additionally, code enforcement officers have
long exercised discretion in the field and generally employ a strategy to gain voluntary
compliance over aggressive citation and penalty fee collection. An overriding principle is to first
inform and then seek compliance. When needed, follow up with a time to cure and fee penalty
thereafter if needed.
Notwithstanding this strategy, leaf blower enforcement consumes a significant amount of city
resources and the Council authorized the hiring of a full-time employee to address community
concerns regarding noise and air pollution associated with gas-powered leaf blowers. After
1 February 6, 2023 staff report:
https://cityofpaloalto.primegov.com/meeting/attachment/585.pdf?name=Item%207%20Staff%20Report and action minutes:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=1068&compileOutputType=1#page=3.
several months of implementing its community engagement strategy, code enforcement officers
will seek to obtain increased compliance to ameliorate these community concerns, including
issuing citations upon observation and citing homeowners and property managers after sending
notice in accordance with the Council’s interest to ensure ‘constructive knowledge’.
DISCUSSION
The attached ordinance and resolution implement the Council’s direction to improve the
effectiveness of the City’s enforcement of gas-powered leaf blowers in residential districts. This
is accomplished in several ways. First, it removes a 5-day waiting period enabling a code
enforcement officer to cite when a violation of the ban is witnessed. Second, the ordinance
clarifies the code enforcement officer can cite the operator, the property owner or other entity
responsible for hiring the gardener using a gas-powered leaf blower in violation of the ban. At
the officer’s discretion one or all parties could be cited. Third, the penalty fee would be increased
with the expectation that a higher penalty may encourage a transition to electric or battery-
powered leaf blowers. Fourth, staff will continue its outreach and engagement strategy to
communicate local requirements, highlight actions gardeners and property owners can take to
support compliance and potential implications for non-compliance. Lastly, staff will ensure
proper notice is given to provide constructive knowledge and continue an effort that promotes
voluntary compliance over aggressive citation and penalty fee issuance.
STAKEHOLDER ENGAGEMENT
Council endorsed the outreach strategy outlined in the February 6, 2023 report; actions taken to
date include:
•Created a website2 that provides information on the City’s rules, information on
converting to electric or battery-powered equipment, flyers to download and share with
neighbors, and links to other resources;
•Communicated via the City’s social media platforms information about the City’s ban;
•Attended Palo Alto neighborhood meetings to share information about the City’s
ordinance and enforcement efforts;
•Hosted a community meeting in April 2022 at the Mitchell Park Library; and,
•Informed gardeners and property owners of local requirements when a violation is
observed with the goal to encourage voluntary compliance.
Additional efforts underway or to be implemented in the next several months:
•Continue with efforts and strategies listed above;
•Enhance the City’s gas-powered leaf blower ban website with additional information,
including links where gardeners and homeowners can access available financial assistance
to convert to electric or battery blowers;
2 City of Palo Alto Gas-Powered Leaf Blower Ban Website: https://www.cityofpaloalto.org/Departments/Planning-
Development-Services/Code-Enforcement/Leaf-Blower-Ordinance
•Prepare door hangers for placement when violations are observed or alleged;
•Explore options for including information in utility meter billing (paper and online); and,
•Reach out to gardener organizations and individual businesses as able to inform them of
new changes and compliance expectations.
The subject ordinance, if approved by Council would have a second reading in August and would
become effective in September. Adoption of the ordinance provides an opportunity for staff to
reinforce public awareness of the new provisions through various City Communications channels
including social media, printed flyers, and other initiatives described in this report. Staff
anticipates using public engagement and education for the balance of the year to encourage
voluntary compliance; notices of violation may be issued to establish constructive knowledge.
Beginning in 2024, staff anticipates issuing citations, when warranted.
FISCAL/RESOURCE IMPACT
Enforcement and outreach related to the gas-powered leaf blower ban can be accomplished with
existing department resources and staffing. The City may collect slightly more penalty fee
collection in 2024.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA) Guidelines, Section
15061(b)(3), the recommendation in this report does not qualify as a project because it can be
seen with certainty that the proposed ordinance and amendment to the penalty fee schedule
would not have an adverse impact on the environment.
ATTACHMENTS
Attachment A: Ordinance Amending PAMC Section 9.10.060(f) Related to Leaf Blowers
Attachment B: Resolution Amending the Administrative Penalty Schedule Increasing Penalties
Related to PAMC 9.10.060(f)), Leaf Blower Violations
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
*NOT YET APPROVED*
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal
Code Section 9.10.060(f) to Expand Liability for the Use of Gas-Powered Leaf
Blowers and to Exempt Enforcement from Mandatory Warning Provisions.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
1. The use of gas-powered leaf blowers generates noise and air pollution, which can
have a negative effect on the quality-of-life for residents.
2. In 2021, the State of California approved AB 1346, which is intended to regulate
“Small off-road engines (SORE), which are used primarily in lawn and garden equipment.” The
California Legislature found that the NOx and ROG emissions from SORE “were higher than
emissions from light-duty passenger cars” in 2020. The Legislature also found that “zero-
emission equivalents to all SORE equipment” already exist.
3. The City currently prohibits the operation of leaf blowers powered by internal
combustion engines in residential zones.
4. The City Council now desires to prohibit property owners (and those in control of
real property) from allowing gardeners or any other person to use a gas-powered leaf blower on
their property.
5. The City Council also desires to allow staff to issue citations without offering a five-
business day warning period as generally required by PAMC section 1.12.030(c).
6. The City Council also desires to conform the code to current City practices by
deleting a requirement for commercial leaf blower operators to be certificated by the Chief of
Police.
SECTION 2. Section 9.10.060(f) of the Palo Alto Municipal Code is hereby amended as
follows (new text underlined, deleted text in strikethrough):
(f) Leaf Blowers.
(1) No person shall operate any leaf blower which does not bear an affixed manufacturer's
label indicating the model number of the leaf blower and designating a noise level not in excess
of sixty-five dBA when measured from a distance of fifty feet utilizing American National Standard
Institute methodology. Any leaf blower which bears such a manufacturer's label shall be
presumed to comply with any noise level limit of this chapter provided that it is operated with all
mufflers and full extension tubes supplied by the manufacturer for that leaf blower. No person
shall operate any leaf blower without attachment of all mufflers and full extension tubes supplied
by the manufacturer for that leaf blower.
(2) No person shall operate; cause operation of; or allow operation of a leaf blower on property
a person owns, has control of, or is a tenant of; (including but not limited to a leaf blower
*NOT YET APPROVED*
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operator, leaf blower operator’s employer, property owner, property manager, tenant, or other
person authorizing or employing the use of a leaf blower on their property) as follows:
(A) No person shall operate any leaf blowers within Within a residential zone (as defined
by Title 18) except during the following hours: nine a.m. and five p.m. Monday through Friday
and ten a.m. and four p.m. Saturday. ;
(B) No person shall operate any leaf blower wWithin any non-residential zone except
during the following hours: eight a.m. and six p.m. Monday through Friday, and ten a.m. to four
p.m. Saturday. ;
(C) No person shall operate any leaf blowers oOn Sundays and holidays. ; or
(D) Within any residential zone, at any time, No person shall operate, aany leaf blower
powered by an internal combustion engine or any leaf blower powered by a generator powered
by an internal combustion engine within any residential zone after July 1, 2005. Commercial
operators of leaf blowers are prohibited from operating any leaf blower within the city if they do
not prominently display a certificate approved by the Chief of Police verifying that the operator
has been trained to operate leaf blowers according to standards adopted by the Chief of Police.
(3) In addition to all authorizations and restrictions otherwise provided in this chapter, public
streets, sidewalks, and parking lots in business districts and at the Municipal Golf Course and all
city parks may be cleaned between 4:00 a.m. and 8:00 a.m. using leaf blowers which bear an
affixed manufacturer's label indicating the model number of the leaf blower and designating a
noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing
American National Standard Institute methodology.
(4) Enforcement of this subsection (f) is exempt from PAMC section 1.12.030(c).
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Council finds that adoption of this Ordinance is not a “project” within
the meaning of CEQA.
//
//
//
//
*NOT YET APPROVED*
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SECTION 5. This Ordinance shall be effective on the thirty-first date after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development
Services
*NOT YET APPROVED*
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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. 10031
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. 10031 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
4.39.060 Registration of alarm. 250
4.39.110 Alarm violations. 100
*NOT YET APPROVED*
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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
5.20.040 Accumulation of garbage. 250
5.20.050 Unauthorized bins, boxes, containers-first violation. 500
*NOT YET APPROVED*
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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
6.28.040 Possession of dangerous or wild animals. 500
6.32.010 Keeping diseased animals. 500
*NOT YET APPROVED*
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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. 100250
Leaf blower noise- second violation 150500
Leaf blower noise- third and subsequent violation 3001000
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
and public events. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
*NOT YET APPROVED*
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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
Standards Code as amended
16.14.260 Failure to meet diversion requirements. $150 per ton of waste not
*NOT YET APPROVED*
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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
17.10.140 Financial responsibility - underground storage. 500
17.10.150 Monitoring underground storage tanks. 1000
*NOT YET APPROVED*
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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
18.42.060(g) Outdoor storage related to home occupation. 200
*NOT YET APPROVED*
8
272_20230602_ts24
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
22.04.335 Alcohol in Greer Park. 250
*NOT YET APPROVED*
9
272_20230602_ts24
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. 10031 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 APPROVED*
10
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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. 10031 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 APPROVED*
11
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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 become effective on the date that Ordinance No. _____
becomes effective.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
________________________________ ________________________________
City Clerk Mayor
________________________________ ________________________________
Assistant City Attorney City Manager
________________________________
Director of Planning and
Development Services