Chapter 4.54 REGULATIONS AND PROHIBITIONS

Regulation of the sale of merchandise or food upon the public streets and sidewalks within the city of Rancho Cordova is necessary for the purpose of promoting the free and safe flow of vehicular and pedestrian traffic, and is directly related to the objective health, safety, and welfare of the public. It is hereby found that the use of such rights-of-way for such purposes in violation of the prohibitions of this article would constitute an interruption of the free flow of traffic and pose a serious and dangerous hazard to the public. [Ord. 4-2019 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.005 Definitions.

As used in this article, the following terms shall be ascribed the following meanings:

“Food” means any type of edible substance or beverage.

“Merchandise” means any tangible thing or item that is not food, and shall not mean services or the provision thereof.

“Person or persons” means one or more natural person, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, officer or employee of any them), whether engaged in business, nonprofit or any other activity.

“Public streets” shall mean that portion of any county, state or public road or highway within the city of Rancho Cordova which is utilized for motor vehicle or bicycle traffic, including any improved shoulder adjacent to traffic lanes, and excluding sidewalks.

“Sidewalk” shall mean any right-of-way within the city of Rancho Cordova which is improved for public pedestrian traffic, including paved walks and pathways.

“Sidewalk vendor” means natural person(s) or individual(s) who sell food or merchandise from a pushcart, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.

“Stand” shall mean any fixed, temporary, permanent or mobile rack, counter, shelving, vehicle or other structure or device utilized for the purpose of transporting, storing, carrying or displaying merchandise or food for the purpose of vending.

“Vend” or “vending” means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish or pay a fee before providing food or merchandise, even if characterized as a donation. [Ord. 4-2019 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.010 Prohibitions.

Except as otherwise provided by this article, it shall be unlawful for any person to:

A. Vend food or merchandise upon the public streets; or

B. Vend upon a sidewalk in violation of the regulations provided by RCMC 4.54.020; or

C. Vend upon a public street from a vehicle within 350 feet of the grounds of any public school in which children at or below the twelfth grade level are enrolled, and which is in session. [Ord. 4-2019 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.015 Exceptions.

The provisions of this article shall not be applicable to or deemed to prohibit:

A. The placement of newspaper racks upon sidewalks; or

B. The vending of food or merchandise by the taking of orders or delivering of commodities from any vehicle which is parked upon a public street not longer than required in order to complete a single transaction adjacent to the premises or residence of the customer, patron or purchaser. [Ord. 4-2019 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.020 Sidewalk vendors.

A. Permit Required. No person or persons will be allowed to vend food or merchandise upon sidewalks within the city limits without first obtaining approval of a zoning certification permit from the planning division. A permit is required for each sidewalk vendor.

B. Application Requirements. The request for a zoning certification shall include:

1. The name and current mailing address of the sidewalk vendor.

2. A description of the food or merchandise offered for sale or exchange.

3. A copy of the California seller’s permit number (CA Department of Tax and Fee Administration sales tax number), if any.

4. A copy of any and all required Health Department food permits issued by any state or local government, if food is being vended.

5. If the sidewalk vendor is an agent, representative, contractor, or employee of an individual, company, partnership, business, person, or corporation, the name and business address of such principal must be included on the application.

C. Health, Safety, and Welfare Regulations.

1. At all times, the sidewalk vendor shall maintain at least one four-foot width path of travel for pedestrian travel.

2. The four-foot clear path of travel must be free and clear of any obstacles including, but not limited to, tents, chairs, signage, or any other objects that reduce the required width of clearance.

3. The sidewalk vendor is not permitted to locate on a sidewalk within the immediate vicinity of a construction zone or traffic controlled area for construction purposes of any kind.

4. The sidewalk vendor is not permitted to locate within the immediate vicinity of an area designated for a temporary use permit issued by the city for temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, events, or outdoor concerts. A prohibition of sidewalk vending pursuant to this subsection shall only be effective for the limited duration of the temporary special permit.

5. The sidewalk vendor is not permitted to be located in areas within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

6. The sidewalk vendor shall provide a trash receptacle for patrons to dispose of any trash, as well as ensure that the area is kept clean during hours of operation and upon leaving the location.

D. Enforcement.

1. A sidewalk vendor who is issued a citation in violation of this section shall be subject to the following fines:

a. Vending which violates a requirement of this section, other than failure to possess a valid permit:

i. An administrative fine of $100.00 for a first violation.

ii. An administrative fine of $150.00 for a second violation within one year of the first violation.

iii. An administrative fine of $200.00 for each additional violation within one year of the first violation.

iv. A violation occurring after 12 consecutive months with no violation shall be considered a first violation.

v. A vendor’s permit may be revoked or suspended for the remainder of its term upon a fourth or subsequent violation.

b. Vending without a valid permit:

i. An administrative fine of $250.00 for a first violation.

ii. An administrative fine of $500.00 for a second violation within one year of the first violation.

iii. An administrative fine of $1,000 for each additional violation within one year of the first violation.

iv. A violation occurring after 12 consecutive months with no violation shall be considered a first violation.

v. The administrative fines listed in this subsection shall be reduced from $250.00 to $100.00, $500.00 to $150.00 and $1,000 to $200.00 upon submission of proof of a valid permit to the neighborhood services office.

2. Additional fines, fees, assessments, or any other financial conditions beyond those authorized by subsection (D)(1) of this section shall not be assessed.

3. When assessing an administrative fine pursuant to subsection (D)(1) of this section, the community development director, or his or her designee, shall take into consideration the sidewalk vendor’s ability to pay the fine based upon a sworn statement and good cause, which demonstrates the sidewalk vendor’s inability to pay the assessed administrative fine. Good cause shall exist where the sidewalk vendor shows that he or she cannot pay the administrative fine amount without using moneys that normally would pay for the common necessaries of life for the sidewalk vendor and the sidewalk vendor’s family. Notice shall be given to the sidewalk vendor of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The sidewalk vendor may request an ability-to-pay determination at the adjudication stage or after such adjudication during the time the fine remains unpaid, including when a fine is delinquent or has been referred to a comprehensive collection program. If the sidewalk vendor meets the criteria set forth herein, the city shall accept, in full satisfaction, 20 percent of the total administrative fine amount imposed pursuant to subsection (D)(1) of this section.

4. A violation of the requirements herein that regulate or prohibit sidewalk vendors shall not be punishable as an infraction or misdemeanor.

5. Any sidewalk vendor may request a hearing to contest the administrative fine assessed pursuant to subsection (D)(1) of this section, and/or contest an ability-to-pay determination. Any request for a hearing must be filed in writing with the neighborhood services department within 10 days of the issuance of the administrative fine or ability-to-pay determination, whichever applies. Failure to timely request a hearing constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.

a. Hearing Date. The hearing officer shall set the date for the hearing and determination. The hearing dates shall not be less than 10 days, nor more than 60 days, after the date on which the copy of the notice of appeal was submitted to neighborhood services.

b. At the hearing, the contesting party shall be given the opportunity to testify and to present evidence concerning the penalty.

c. Hearing Officer’s Decision. After considering the testimony and evidence presented at the hearing, the hearing officer shall issue a decision to uphold, dismiss or modify the administrative fine. The hearing officer shall state the reasons for the decision and, if in writing, shall send a copy of the decision to the person that requested the hearing and to the enforcement officer. The decision of the hearing officer is final, and may not be appealed.

d. All fines owed after the hearing officer’s decision are due within 30 days of the decision. The city may use all procedures available to it to collect any unpaid fee. [Ord. 4-2019 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

Article II. Fortunetelling (Repealed)

Article III. Coin-Operated Laundry Safety

4.54.100 Definitions.

As used in this article, the following words shall be ascribed the following meanings:

“Dryer” means any coin-operated clothes drying equipment.

“Laundry” means any coin-operated laundry facility where coin-operated dryers or washers, or any combination or number thereof, are provided for use by any person.

“Operator” means any person or persons responsible for the operation and maintenance of a laundry, irrespective of whether the equipment therein is owned or leased by any such person. “Operator” includes, but is not limited to, the owner of any multifamily residence which includes a laundry. “Operator” includes, but is not limited to, any person who owns a laundry facility.

“Washer” means any coin-operated clothes washing equipment. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.105 Responsibility for safe equipment.

Every laundry operator shall be responsible for assuring that every washer and dryer in the operator’s laundry facility is equipped with a safety device which is constructed, maintained and operated effectively in accordance with the applicable requirements of this article.

It shall be unlawful for the owner or operator of any laundry to make available for use by patrons any equipment which does not comply with the requirements of this article. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.110 Dryer safety equipment.

A. Every dryer shall meet the following requirements:

1. On and after September 10, 1977, all dryers installed in a laundry shall be equipped so that opening of the door to a maximum of three inches of opening shall operate an interlock that removes the driving force from the tumbler and deenergizes the heat source within 10 seconds and shall prevent rotation of the tumbler and energizing of the heat source until the door is closed to three inches or less of opening.

2. On and after September 10, 1977, all dryers installed or replaced shall be equipped with, in addition to complying with the requirements of subsection (A)(1) of this section, a secondary function-control that is manually operated from outside the dryer. This secondary function-control shall be so designed that it operates in a series with the interlock defined in subsection (A)(1) of this section.

3. On and after September 10, 1977, no dryer shall be operated or installed in a laundry that does not comply with the requirements of this section. The requirement for a secondary function-control in subsection (A)(2) of this section shall not be applicable to a dryer having an opening into the clothes drum with a volume less than two cubic feet.

B. To determine whether an appliance complies with the requirements of this section, tests shall be conducted with the dryer operating under normal load conditions prescribed in RCMC 4.54.115. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.115 Dryer test load.

For testing purposes, a dryer shall be subjected to a 6,000-cycle endurance test, consisting of energizing and deenergizing the component. The test shall be conducted at the rate of six times per minute unless a slower rate is dictated by design factors inherent with the appliance. There shall be no malfunction of the interlocking means or component as a result of this test.

For testing purposes, a dryer shall be deemed to be carrying a normal load if it is loaded with the weight (dry) of fabric recommended by the manufacturer. The clothes shall be thoroughly soaked in water, and the water shall be extracted as in normal use just before the fabric is put into the dryer; or clothes that have absorbed a weight of water equal to their own weight may be used.

The fabric to be used in the tests shall be bleached, preshrunk cotton suiting, warp 55 threads per inch and filling 48 threads per inch. Individual cloths shall be 24 inches by 36 inches, double-hemmed to a size of 22 inches by 34 inches; except that a small number of smaller cloths (12 inches by 12 inches, double hemmed to a size of 10 inches by 10 inches) may be used if necessary to make the total weight of cloth correct. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.120 Washer safety equipment.

A. A washer provided with a means of water extraction of the centrifugal type shall either:

1. Be provided with a means to prevent opening of the lid or door while the washer is in the spin portion of the cycle; or

2. Be equipped so that opening of the lid or door to a maximum of two inches of opening while in the spin portion of the cycle shall operate an interlock that removes the driving force from the basket and stops the movement of all accessible parts within seven seconds with the machine loaded as prescribed by RCMC 4.54.130. The basket shall not rotate until the lid or door is closed to two inches or less of opening. A front-loading washer shall not operate until a secondary function-control, manually operated from outside the washer, is actuated.

B. If an interlock provided in a top-loading washer is not recessed or guarded to prevent inadvertent operation when the lid is opened, a secondary function-control, manually operated from the outside of the machine, shall be provided. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.125 Washer safety equipment – Lid closed.

A top-loading washer or a front-loading washer shall be deemed to comply with the alternative prescribed by RCMC 4.54.120(A)(1) if a deliberate action is required to deenergize (unlock) the lid locking mechanism. A deliberate action shall include disconnecting the supply cord, manually advancing the timer to the end of the complete cycle, pulling the timer knob out, or manually rotating a rotary switch. In addition to deenergizing the lid-locking mechanism, the deliberate action shall completely stop the operation of the washer.

Except as hereinafter provided, pushing the timer knob in, actuating a toggle switch, or actuating any type of push-to-operate switch shall not be deemed to constitute deliberate action. For a front-loading washer with the controls in a console located at the rear of the machine’s top, pushing the timer knob in, actuating a toggle switch, or actuating any type of push-to-operate switch shall be deemed to constitute deliberate action. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.130 Washer safety equipment – Test regarding stoppage.

A washer shall not be deemed to satisfy the alternative prescribed by RCMC 4.54.120(A)(2) unless movement of all accessible parts stops within seven seconds under the following endurance test. The brake mechanism or other means employed to stop the rotation of the basket shall be subjected to a 6,000-cycle endurance test consisting of starting and stopping the basket after it has reached its maximum speed of rotation. The test shall be conducted at the rate of three times per hour; provided, that a faster rate may be employed if a mechanical load twice that of the maximum dry-weight load specified by the manufacturer is equally distributed around the periphery of the basket. If a faster rate is employed, the washer shall be deemed to comply with the requirements of this section, if, after 6,000 cycles of operation, the stopping time is not more than 10 seconds.

The fabric to be utilized in washer tests shall be bleached, preshrunk cotton suiting, warp 55 threads per inch and filling 48 threads per inch. Individual cloths shall be 24 inches by 36 inches, double-hemmed to a size of 22 inches by 34 inches; provided, that a small number of smaller cloths (12 inches by 12 inches, double-hemmed to a size of 10 inches by 10 inches) may be utilized if necessary to make the total weight correct. To represent conditions of maximum normal load for the tests, the washer shall be loaded with dry fabric having a total weight equal to that recommended by the manufacturer for use in the washer. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.135 Enforcement.

The provisions of this article shall be enforced by the city director of the department of public works, individually, or by and through subordinate personnel assigned to the building and safety department. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

Article IV. Picture Arcades

4.54.150 Purpose.

It is intended that this article shall apply to any picture arcade, irrespective of whether its patrons utilize it as a private or membership club or by virtue of any similar or related arrangement. The law enforcement and public health and safety concerns which form the basis for this article do not vary depending upon whether the premises are open to the public or are operated under a private or membership arrangement. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0794 § 1, 1990; SCC 578 § 21 (part), 1983].

4.54.155 Findings.

A. Based upon the written material contained in and attached to the sheriff’s department’s report, and the staff and public testimony presented to the Sacramento County board of supervisors at its public hearing on SCC Ord. No. 794, which was adopted by the Sacramento County board of supervisors on April 24, 1990, the board of supervisors made the following pertinent findings:

1. There are significant public health and safety concerns created by the occurrence of masturbation and sexual acts within enclosed booths. Specifically, there is an increased danger to other patrons and to employees posed by the presence of body fluids with which they could come in contact. The danger is the potential spread of the AIDS (Acquired Immune Deficiency Syndrome) virus and the Hepatitis B virus, among others. The unsanitary condition of the booths as described by sheriff’s deputies and by the county health department is intolerable.

2. The two adult bookstores within the county have private viewing booths wherein adult-oriented videos and movies can be viewed privately.

3. The viewing booths were in a filthy condition, with body fluids (semen) on the floors, walls, doors, and screens.

4. The picture arcade areas had trash cans containing tissues soiled with semen. From this fact and the others set out above, the sheriff’s detectives concluded that masturbation and sex acts were occurring within the booths.

5. In the booths there were many messages soliciting all types of sexual activities. These messages, often with telephone numbers or other means of contact, were written on the walls and screens of the booths.

6. The sheriff’s detectives have observed actual sexual activity occurring in their presence.

7. The sheriff’s detectives were solicited to participate in sexual activity in the privacy of the booths.

8. The sheriff’s detectives made a total of 16 incident reports of individuals during the investigation, for charges of violation of prostitution laws or commission of lewd acts.

9. The sheriff’s detectives contacted representatives of the vice units of the Sacramento police department, the San Francisco police department, and the Los Angeles police department. In the resulting discussions, the detectives learned that those vice units have had similar experience to that set out above, within enclosed viewing booths in adult-type arcades or adult bookstores. Each jurisdiction cited law enforcement problems relating to prostitution and lewd acts in those facilities.

B. Based upon the reported experience of other jurisdictions, the county sheriff’s department’s staff report, the Sacramento police department report, upon the memorandum submitted to the board of supervisors by county counsel, the health officer’s report, and staff and public testimony presented to the board of supervisors at its public hearing on the proposed ordinance codified in this article, the board of supervisors makes the following additional findings:

1. In order to address the county’s public health and safety concerns and to accomplish the county’s crime detection and deterrent purposes in connection with picture arcades:

a. A requirement that the complete interior of each picture arcade viewing area be visible by direct view with the retina of the unaided eye (except for the aid of corrective lenses) is necessary. Any other system of achieving visibility or maintaining surveillance of the interior, such as with cameras or mirrors, is not trustworthy and can be easily made ineffective by deliberate or negligent failure to maintain the system.

b. A requirement that all picture arcade viewing areas be illuminated with light having an intensity of not less than five foot-candles is necessary. This level of lighting will not unduly interfere with the viewing of movies by patrons, will permit law enforcement officers to effectively inspect the business premises, and will deter criminal conduct by patrons. Failure to set a minimum lighting level would allow picture arcade operators to frustrate the board of supervisors’ legitimate police power purposes.

c. A prohibition against doors or other blocking devices which prevent immediate and unassisted entry into picture arcade viewing areas is necessary. The existence of doors or other blocking devices impedes law enforcement detection and deterrence of criminal activity and may encourage some patrons to believe that the management intends to provide a safe place for masturbation and other wrongful sexual conduct.

d. A prohibition against maintenance of partially or fully enclosed or concealed booths in a picture arcade is necessary.

Even after electronically controlled doors blocking or slowing law enforcement access to picture arcade viewing areas were removed and lockable doors were removed from existing booths, illegal sexual conduct continued in picture arcades with partially enclosed or concealed booths.

2. One is the maximum number of picture arcade viewing areas being maintained by any of the picture arcades within the county as of September, 1988. Three is the maximum number of picture arcade viewing areas presently being maintained by any of the adult bookstores within the city of Sacramento. Maintenance of more than three picture arcade viewing areas within one picture arcade encourages private and secret viewing and undermines the purposes of this article.

3. The regulations imposed by this article are reasonably necessary to protect the health, safety, and general welfare of picture arcade patrons and other members of the public. This article is an effective remedial measure designed to deal directly with the law enforcement and health and safety issues. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0794 § 2, 1990; SCC 578 § 21 (part), 1983].

4.54.160 Definitions.

As used in this article:

“Picture arcade” shall mean any place to which the public is admitted or any public place wherein one or more picture-viewing devices are operated or maintained.

“Picture arcade viewing area” shall mean a portion of a picture arcade where one or more viewing devices are located or actually viewed.

“Picture-viewing device” is any image-producing or image-reflecting device, including but not limited to still or motion picture machines or projectors, video players, and video screens, which is operated or maintained to show still or motion pictures or images to five or fewer persons per device at any one time. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0794 § 3, 1990; SCC 578 § 21 (part), 1983].

4.54.165 Visibility of interior and other construction requirements.

Visibility of interior and other construction requirements:

A. No picture arcade shall be maintained or operated unless all of the following requirements are met:

1. The complete interior of each picture arcade viewing area shall be visible from the entrance to such picture arcade viewing area.

2. The picture arcade shall be constructed such that the individuals who view the still or motion pictures or images are visible from head to toe from the entrance to each picture arcade viewing area.

3. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained in a picture arcade viewing area.

4. No more than three picture arcade viewing areas shall be maintained in a picture arcade.

5. No doors or other blocking devices shall be utilized inside the premises to prevent immediate and unassisted entry into any picture arcade viewing area.

B. For purposes of this article, a person, place, or thing shall be deemed visible only if the person, place, or thing is visible by direct view with the retina of the unaided eye (except for the aid of corrective lenses). No alternative surveillance system or systems, including but not limited to mirrors or cameras, may be used to satisfy the visibility requirements of this article. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0794 § 4, 1990; SCC 578 § 21 (part), 1983].

4.54.170 Lighting.

During hours of operation, all picture arcades and picture arcade viewing areas shall be illuminated with light having an intensity of not less than five foot-candles at any location on any plane. No dimmer switches nor any means of dimming shall be used or maintained in picture arcade viewing areas. Any switching device installed pursuant to Title 24, Part 2, Section 25319, Subsection (c) of the California Code of Regulations shall not reduce the level of lighting beyond a minimum of five foot-candles at any location on any plane in the picture arcade and picture arcade viewing area. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0794 § 5, 1990].

4.54.175 Application.

The applicability of this article shall not be affected by the utilization or maintenance of a membership or club format or any similar arrangement or form of doing business, if this article would otherwise be applicable. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0794 § 6, 1990].

4.54.180 Severability.

This article and the various parts thereof are hereby declared to be severable. Should any section of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole or any portion thereof other than the section so declared to be unconstitutional or invalid. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0794 § 7, 1990].

4.54.185 Applicability.

Any picture arcade in existence prior to the effective date of the ordinance codified in this article, and made illegal hereby, shall conform to the provisions of this article within three months after the effective date of this article.

This article shall be applicable to any picture arcade which opens for business after the effective date of the ordinance codified in this article. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0794 § 8, 1990].

Article V. Drug Paraphernalia

4.54.200 Purpose.

The illegal use of controlled substances within the city of Rancho Cordova creates serious social, medical and law enforcement problems. The illegal use of such substances by persons under 18 years of age has reached crisis dimensions. It is causing serious physical and psychological damage to the youth of this community, and impairment of educational achievement and of the efficiency of the educational system, increases in non-drug-related crime and a threat to the ability of the community to ensure future generations of responsible and productive adults, all to the detriment of the health, safety and welfare of the citizens of Rancho Cordova.

The proliferation of the display of drug paraphernalia in retail stores within the city of Rancho Cordova and the distribution of such paraphernalia intensifies and otherwise compounds the problem of illegal use of controlled substances within this community.

A ban only upon the display and distribution of drug paraphernalia to persons under 18 years of age would not be practical. The person who displays or distributes drug paraphernalia would have difficulty determining who could lawfully view or receive drug paraphernalia. The already thinly staffed law enforcement agencies would be subjected to intolerable added enforcement burdens by adding age of a person who views or receives paraphernalia as an element of a prohibition upon display and distribution. A significant number of high school students are 18 years of age or older.

It would be lawful to distribute paraphernalia to some students attending the same school in which the distribution to other students would be prohibited. Permitted display and distribution to adults within the community would symbolize a public tolerance of illegal drug use, making it difficult to explain the rationale of programs directed against similar abuse by youth. The problem of illegal consumption of controlled substances by adults within this community is significant and substantial, necessitating a cessation of the encouragement of drug abuse which the display and distribution of drug paraphernalia create.

This article is a measure which is necessary in order to discourage the illegal use of controlled substances within the city of Rancho Cordova. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.205 Definitions.

As used in this article, the following terms shall be ascribed the following meanings:

“Business” means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.

“Controlled substance” means those controlled substances set forth in Sections 11054, 11055, 11056, 11057 and 11058 of the California Health and Safety Code, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended.

“Display” means to show to a patron or place in a manner so as to be available for viewing or inspection by a patron.

“Distribute” means to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. “Distribute” includes both sales and gifts.

“Patron” means a person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at the business. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.210 Definitions – Drug paraphernalia.

As used in this article, the term “drug paraphernalia” means all equipment, products, and any materials of any kind which are intended by a person charged with a violation of this article for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the state. “Drug paraphernalia” includes, but is not limited to, all of the following:

A. Kits intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

B. Kits intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

C. Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance;

D. Testing equipment intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

E. Scales and balances intended for use in weighing or measuring controlled substances;

F. Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, intended for use in cutting controlled substances;

G. Separation gins and sifters intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

H. Blenders, bowls, containers, spoons and mixing devices intended for use in compounding controlled substances;

I. Capsules, balloons, envelopes, and other containers intended for use in packaging small quantities of controlled substances;

J. Containers and other objects intended for use in storing or concealing controlled substances; and

K. Objects intended for use in injecting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

2. Water pipes;

3. Carburetion tubes and devices;

4. Smoking and carburetion masks;

5. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

6. Miniature cocaine spoons and cocaine vials;

7. Chamber pipes;

8. Carburetor pipes;

9. Air-driven pipes;

10. Bongs. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.215 Proof.

In determining whether an object is “drug paraphernalia,” a court or other authority may consider, in addition to all other logically relevant factors, the following:

A. Statements by an owner or by anyone in control of the object concerning its use;

B. The proximity of the object to controlled substances;

C. The existence of any residue of controlled substances on the object;

D. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he knows intend to use the object to facilitate a violation of the laws of the state relating to controlled substances;

E. Instructions, oral or written, provided with the object concerning its use;

F. Descriptive materials accompanying the object which explain or depict its use;

G. National and local advertising concerning its use;

H. The manner in which the object is displayed for sale;

I. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;

J. The existence or scope of legitimate uses for the object in the community; and

K. Expert testimony concerning its use. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.220 Display of drug paraphernalia.

Except as authorized by law, it is unlawful for any person to willfully maintain or operate any business knowing or under circumstances where one reasonably should know that drug paraphernalia is displayed at such business.

Except as authorized by law, it is unlawful for any person who is the owner of a business, an employee thereof or one who works at such business as an agent of the owner to willfully display drug paraphernalia at such business. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.225 Distribution of drug paraphernalia.

Except as authorized by law, it is unlawful for any person to willfully distribute to another person drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, product, process, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of any law of the state. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

4.54.230 Exceptions.

No provision of this article shall be deemed, whether directly or indirectly, to authorize any act which is otherwise prohibited by any law of the state or require any act which is otherwise prohibited by any law of the state. Nor shall any provision of this article be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the state. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 21 (part), 1983].

Article VI. Electronic, Mechanical and Video Games (Repealed)

Article VII. Fireworks

4.54.300 General prohibition against possession, sale or use of fireworks.

Except as otherwise provided in this article, no person shall possess, sell, use, display or explode any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, within the city. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.305 Host liability.

A. The term “host” in this section shall mean the person who:

1. Is in charge of private property, including but not limited to, an owner, tenant, landlord, or property manager of the property; or

2. Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.

B. The term “strictly liable” in this section shall mean liability for a wrongful act regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.

C. Any host shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of any fireworks in violation of this section on their property or at their gathering, except that no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of this section occurring in the common area of the property unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs.

D. Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of fireworks by the minor in violation of this section.

E. Except as provided in subsection (F) of this section, no host shall permit or allow another person on private property or at a gathering on public property, where the host knows or reasonably should know that the person is engaged in a violation of this section.

F. The provisions of this section shall not apply to:

1. Conduct involving display, use, or discharge of fireworks as permitted under federal or state law;

2. A host who initiates contact with law enforcement or fire officials to assist in removing any person for the property or terminating the activity in order to comply with this section, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this section;

3. No host shall aid or abet another person’s violation of a provision of this section in a public right-of-way adjacent to the host’s private property. A host aids and abets another person’s violation of a provision of this section if he or she knows of the other person’s unlawful purpose and the host specifically intends to, and does, in fact, aid, facilitate, promote, encourage, or instigate the other person’s commission of that violation.

G. A violation of this section shall be charged as a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment in the county jail for not more than six months, or both. In addition to any other remedy allowed by law, any host who violates this section is subject to all remedies available pursuant to RCMC 1.01.190. Violations of this section are declared to be a public nuisance. Any host who violates this section is liable for all the response costs relating to the violation. Any fines pursuant to this section, if delinquent, may be recoverable by property lien or special assessment pursuant to RCMC 1.01.200.

H. Unless otherwise noted, the provisions of Chapter 16.18, Article XIV RCMC shall also apply to this section. [Ord. 13-2021 § 4].

4.54.310 Exception – Certain public displays.

Public displays of fireworks may be given with a written permit issued by the fire chief so long as such display takes place under the supervision and direction of a state of California licensed operator. For purposes of this article, “fire chief” shall mean the fire chief of the Sacramento metropolitan fire district, or his or her designee. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.320 Exception – Safe and sane fireworks.

It shall not be unlawful to possess, sell, use, display or discharge within the city those fireworks as are defined and classified as “safe and sane fireworks” in Part 2 (commencing with Section 12500) of Division 11 of the California Health and Safety Code during that time period beginning at 12:00 noon on June 28th and ending at 10.00 p.m. on July 4th of the same year. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.330 License to sell fireworks required.

It shall be unlawful for any person to sell safe and sane fireworks within the city without a valid city business license authorizing such sales. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.340 Wholesale storage of fireworks.

The wholesale storage of fireworks shall be unlawful in the city without valid permits for such storage from the fire district and the city’s building department. Any such storage is limited to the period from June 1st through July 15th of each year. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.350 License restricted.

A. No city business license authorizing the sale of safe and sane fireworks shall be issued to any person, firm, corporation, organization or group other than:

1. A nonprofit organization or group organized primarily for civic betterment and/or charitable purposes having status as a Section 501(c) organization under the Internal Revenue Code and as a Section 23701(d) organization under the Revenue and Taxation Code of the state of California; provided, that the organization or group satisfies the following criteria:

a. It has its principal and permanent meeting place in the city of Rancho Cordova or its adopted planning area;

b. It has been organized and established in the city of Rancho Cordova or its adopted planning area for a continuous period of at least one year immediately proceeding the application for a permit; and

c. It has a bona fide membership of at least 20 members.

The city reserves the right to require the applicant to submit a roster based on complaints or allegation of noncompliance with city policy; or

2. An organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district and/or school district that services in whole or in part the residents of Rancho Cordova or a religious nonprofit elementary, junior high and/or high school located within the planning area of Rancho Cordova.

B. No organization shall submit more than two applications for licenses to sell fireworks within the city. Submittal of more than two such applications shall be grounds for denial of all applications.

C. City business licenses authorizing the sale of safe and sane fireworks shall not be transferable to another organization.

D. Transfer of temporary stands from the location for which the license was initially issued may be made; provided, that the application is made to the city’s director of finance (“finance director”) on or before June 1st; provided further, that any such location change has been approved in writing by the fire chief, the chief of police, and the city’s chief building official, and otherwise complies with all provisions of this article regulating the location of temporary fireworks stands. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.360 Application.

A. All applications for a city business license to sell fireworks shall be in writing to the finance director on forms supplied by the city. Applications shall be received and filed with the finance director no earlier than March 1st, nor later than the second Tuesday in April of each year. Applications shall:

1. Specify the proposed location of the fireworks stand, and be accompanied by a copy of a plot plan showing the location of the fireworks stand in relation to the public right-of-way, curb cuts and/or driveways and identifying the nearest available fire hydrants;

2. Specify the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored;

3. Be accompanied by a declaration certifying the applicant’s status as a Section 501(c) organization under the Internal Revenue Code and as a Section 27301(d) organization under the Revenue and Taxation Code;

4. Be accompanied, in accordance with the provisions of RCMC 4.54.375, by an accounting of the funds derived from the sale of fireworks for the previous year if the organization operated a stand(s) in the city during the previous year. The permittee shall fully expend the net proceeds derived from its operations under such license or demonstrate the dedicated purpose of the funds. This requirement shall not go into effect until July 5, 2005;

5. Be accompanied by a written statement of the applicant’s intended use for any funds realized from the sale by such organization;

6. Be accompanied by the name and address of the owner of the designated location of the fireworks stand. The applicant shall supply a copy of a recorded deed evidencing its ownership of the designated location, or an executed lease, rental or license agreement evidencing that the applicant has the legal authority to locate and operate a fireworks stand at the designated location. The information required by this subsection (A)(6) may be submitted separately from the other information required under this section, but in no case shall the information required by this subsection (A)(6) be submitted to the city later than May 15th of each year;

7. Be accompanied by such other information as may be required by the finance director;

8. Be accompanied by an application fee in the amount of $40.00.

B. The application shall be made in triplicate. The original of the application shall be retained by the finance director, one copy shall be transmitted to the fire chief, and one copy shall be sent to the city building department. The fire chief shall review the location of the proposed fireworks stand for compliance with fire safety regulations and shall have authority to disapprove the location if, in the fire chief’s opinion, the location would pose a fire hazard. Notice of the application and a description of the proposed location of the stand shall be forwarded to the chief of police, who has the authority to disapprove the location if, in the

chief’s opinion, a traffic hazard will be created thereby. For applications received on or before the second Tuesday of April of each year, determinations regarding the adequacy of the proposed location shall be made no later than May 15th of each year.

C. Applicants for a license shall be notified by the finance director of the tentative approval or denial of the application for a city business license by the first Monday in May of each calendar year. Within two weeks of the notification of the tentative approval of the city business license, the applicant shall furnish to the finance director evidence of insurance providing comprehensive general liability coverage written on an occurrence basis, including but not limited to premises/operations, personal injury, contractual liability, independent contractors, and products/completed operations, with $1,000,000 combined single limits for bodily injury and property damage. The insurance policy shall designate the city, its officers, agents, employees and volunteers as additional insureds as to products, premises/operations of the named insured. The insurance policy shall further be endorsed to provide that any insurance and/or self-insurance maintained by the city of Rancho Cordova shall apply in excess of, and not contribute with, insurance provided by the applicant. The city risk manager shall be the certificate holder. In the event of nonrenewal or cancellation of the insurance policy, 30 days’ advance notice shall be provided to the finance director. The insurance policy shall be limited to the specific location for which the city business license is issued. The finance director shall issue the license to the applicant upon the presentation of required proof of insurance.

D. A copy of the city business license shall be transmitted to the fire district.

E. The continued validity of any city business license issued pursuant to this article shall be subject to the requirement that at least one of the responsible adults listed in the licensee’s application shall attend a fireworks stand operator seminar conducted by the fireworks industry and approved by the fire district. The failure of a licensee to have such a responsible individual attend such safety seminar shall subject the city business license to revocation. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.370 Denial of license.

A. The finance director shall issue the city business license to sell fireworks unless:

1. The finance director finds in writing that the applicant has failed to provide sufficient or adequate plans, information or other data necessary to permit a determination respecting compliance with the requirements of this article;

2. The finance director finds in writing that the applicant is not in compliance with any of the requirements of this article;

3. The finance director finds in writing that the applicant falls within the provisions of RCMC 4.54.420(C); or

4. Either the fire chief, the chief of police or the city building department fails to approve the application.

B. Any denial of a license pursuant to this section may be appealed pursuant to the procedures set forth in RCMC 4.54.420(B). [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.375 General provisions.

A. The licensee shall use the net proceeds derived from its operations under such license only for nonprofit, charitable purposes.

B. Each organization granted a permit must submit a verified financial statement to the city showing the total gross receipts, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, and to whom and for what purpose the net proceeds were distributed. The financial statements shall be made on forms furnished by the city or photocopied directly from the organization’s financial report. Statements must be filed with the finance director no earlier than March 1st, nor later than the second Tuesday in April of the year after the year in which the permit was issued. Any organization which was granted a permit in the preceding year, and wishes to file an application for a new city business license to sell fireworks pursuant to this article, shall include the verified financial statement required by this section as part of the application. The filing of a verified financial statement is a condition precedent to the granting of any subsequent permit to any such organization.

C. Beginning in 2006, no organization shall receive a license for a fireworks stand if such organization received a permit for the previous year and has failed to file the report required in subsection (B) of this section or otherwise violated any provisions of the Rancho Cordova Municipal Code relating to such prior year’s license or to the licensee’s operations thereunder.

D. Licensees shall not place signs on retail fireworks stands or at locations on public property except as permitted or required by the city. Signs on private property shall be as permitted by the property owner and shall comply with all applicable city sign regulations. [Ord. 28-2007 § 2; Ord. 4-2005 § 1].

4.54.380 Operation of stand.

A. All organizations must obtain a fireworks retail license issued by the State Fire Marshal under Section 12574 of the Health and Safety Code of the state of California.

B. No person shall sell fireworks to any person under the age of 18. Proof that the fireworks stand operator/organization demanded, was shown and acted in reliance upon bona fide evidence of age and identity in any sale of fireworks forbidden by this article shall be a defense for any proceedings for suspension or revocation of its permit or any criminal proceedings for violations of this article. For purposes of this section, bona fide evidence of age and identity of purchaser is a document issued by a federal, state, county or municipal government that contains a photograph of the purchaser including, but not limited to, a valid California driver’s license or identification card issued to a member of the Armed Forces.

C. Sale of fireworks shall begin no earlier than 12:00 noon on June 28th and shall not continue after 10:00 p.m. on July 4th of the same year. Sale of fireworks shall be permitted only from 9:00 a.m. to 10:00 p.m. daily.

D. No person other than the licensee organization shall operate the stand for which the license is issued.

E. No person under the age of 18 shall sell or participate in the sale of fireworks.

F. Merchandise shall be displayed in such a manner that it cannot be handled by patrons reaching over the selling counter or through other openings in the stand. A suitable shelf or counter may be required in order to comply with this requirement so that patrons will not be able to reach merchandise over the top of the counter.

G. The business license to sell fireworks issued by the city and the retail license issued by the State Fire Marshal must be prominently displayed inside the booth at all times.

H. No person shall be paid any consideration by the licensee or any wholesale distributor of safe and sane fireworks for selling or otherwise participating in the sale of fireworks at such stand; provided, however, that compensation may be paid for security personnel during nonsale hours and to the party authorizing location of the stand on its property.

I. Fireworks stands shall be removed from the temporary locations by noon on July 18th, and all accompanying litter shall be cleared from such locations by that date and time. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.390 Temporary fireworks stand.

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions:

A. No fireworks stand shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point.

B. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that stands that need any electrical installations shall apply for all necessary permits and comply with all applicable codes and shall be subject to inspection and approval by the chief building official, or his or her designee.

C. No stand shall have a floor area in excess of 750 square feet.

D. Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 20 feet. Exit doors shall be not less than 24 inches wide and six feet and two inches in height and shall swing in the direction of exit travel. No supplies or other materials shall be stored in front of exit doors. All exit doors shall remain unlocked whenever the stand is occupied.

E. The aisle or passageway in the fireworks stand must be kept clear and unobstructed so as not to impede anyone leaving the stand in an emergency.

F. Each stand shall be provided with two two-and-one-half-gallon water-type (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.

G. Fireworks stands shall be located on property zoned SC, LC, GC, AC, TC, M-1 or M-2 or in any other zoning classification if the fire chief certifies in writing to the finance director that the operation of a fireworks location in such other zoning classification will not endanger the health and safety of the community or create a fire hazard to surrounding properties. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.400 General requirements for licensees.

A. Stands shall not be located closer than 600 feet apart, unless separated by a principal arterial roadway.

B. All weeds and combustible material shall be cleared from the location of the stand to a distance of at least 25 feet surrounding the stand.

C. “No Smoking” signs shall be prominently displayed on and in the fireworks stand.

D. Each stand must have an adult watchman in attendance and in charge thereof when the stand is being used for sale, dispensing or storage of fireworks. At the close of sale each night, fireworks may be either:

1. Returned to the wholesaler’s warehouse, or approved wholesaler’s storage sites;

2. Stored on site with an adult watchperson on site; or

3. Stored in a locked, heavy metal, fully enclosed container, similar to a walk-in drop container approved by the fire department.

E. All unsold stock of fireworks in the hands of the retailer after 10:00 p.m. on July 4th shall be returned to the distributor or wholesaler and removed from the city within 10 days. On closing of stands, all litter shall be removed from the premises.

F. No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.

G. No vehicles shall be parked within 25 feet of the fireworks stand unless loading or unloading fireworks.

H. No flammable liquids are permitted within 50 feet of the fireworks stand.

I. Signs shall be posted that:

1. Illustrate that illegal fireworks are prohibited in Rancho Cordova, that violators will be cited, what the citation fines are and that this will be strictly enforced; and

2. List (to the public) places within Rancho Cordova where fireworks are allowed to be used, as well as places where fireworks are not allowed to be used, if any.

J. Handout material shall be issued with each sale that describes proper use of safe and sane fireworks and general safety practices to be followed when handling fireworks. Failure to issue the educational material may result in the revocation of the permit and immediate closure of the stand. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.405 Public education.

A. The city of Rancho Cordova has determined that public education is critical to the safe use of fireworks within the city and that those fireworks suppliers and distributors who profit from the sale of fireworks in the city should be required to assist the city in educating the public about the safe use of fireworks.

B. Suppliers and distributors shall work with the city manager, or his or her designee, and the fire district to provide educational materials to every school within Rancho Cordova. The materials shall describe and illustrate the proper use of state-approved fireworks, the prohibition of illegal fireworks, the consequences of violating fireworks laws and regulations and general safety practices to be followed when handling fireworks. Each fireworks supplier or distributor shall meet and confer with the city manager by March 1st of each year to determine whether a public education plan shall be required.

C. If requested by the city manager, each fireworks supplier or distributor shall annually submit a public education plan to the city by May 20th of each year. The plan should illustrate how the public will be educated about the city’s no tolerance policy for illegal fireworks and the proper use of state-approved fireworks. At the city manager’s discretion, the plan may:

1. Include samples of all signs, messages, graphics, text, etc., that will be displayed in the city;

2. Graphically identify all locations throughout the city where public education messages are to be displayed and/or posted;

3. Include an accounting and samples of educational materials distributed to every school in Rancho Cordova. These materials shall describe and illustrate the proper use of state-approved fireworks, the prohibition of illegal fireworks, and the consequences of violating fireworks laws and regulations and general safety practices to be followed when handling state-approved fireworks. Suppliers and distributors shall request that schools hand these materials out to every child a minimum of one month prior to the end of the school year;

4. Establish that all retail fireworks stands will have warning signs posted that illustrate that illegal fireworks are prohibited in Rancho Cordova, that violators will be cited, what the citation fines are and that this will be strictly enforced. The signs shall also include a listing of areas within the city where no fireworks of any kind are permitted to be used, if any;

5. Establish that city-approved signs will be posted on public property at central entrances to the city. These signs shall illustrate the city’s no tolerance position on illegal fireworks, that violators will be cited, what the citation fees are and that this will be strictly enforced. The signs shall also include a listing of all areas within the city where no fireworks of any kind are permitted to be used, if any; and/or

6. State that signs and messages shall be posted and displayed no earlier than June 1st, no later than June 15th and removed from said locations no later than July 7th. [Ord. 4-2005 § 1].

4.54.410 Enforcement.

A. The city manager, or his or her designated representatives, shall have authority to enforce this article and issue citations for violations.

B. All fireworks stands shall be erected in a manner approved by the fire district in order to reasonably ensure the safety of attendants and patrons. A site inspection is required after the structure has been erected. The license will be subject to revocation if there are inconsistencies, omissions or changes from the approved plot plan or fire/life safety hazards are observed.

In the event that electrical systems are installed, the city’s building department shall inspect the electrical systems prior to the stocking and commencement of sales. A fireworks stand shall not be permitted to open until the electrical system has been approved by the city’s building department.

C. Each fireworks stand shall be subject to inspection(s) by the fire district at any time during each day of sales. If, in the opinion of the fire chief (or designee), the construction or the location of a stand or the conduct of operations therein do not conform to these provisions, the fire chief (or designee) may order the stand immediately closed until such time as the stand does conform to the provisions herein. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.420 Revocation of license – Appeal.

A. The finance director may revoke, immediately and without notice or hearing, the license of any licensee who violates the provisions of RCMC 4.54.360(E), 4.54.380(A), (B), (C) or (F), or 4.54.400(D). If the revocation occurs between June 22nd and July 5th, the finance director shall inform the licensee that the licensee may seek review of the finance director’s decision by the city manager, or the city manager’s designee, on the next business day. At the earliest opportunity on the next business day after the revocation, the finance director shall provide the city manager with written notice that a fireworks business license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. If requested by the licensee, the city manager, or the city manager’s designee, shall meet with the licensee and the finance director on that day to review the finance director’s decision. The decision of the city manager or his designee shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (B) of this section shall apply.

B. The finance director, or the finance director’s designee, may revoke the license of any licensee who violates any provision of this article not specified in subsection (A) of this section. Such revocation shall not take effect for five days, during which time the licensee may seek review of the finance director’s decision by submitting a written request for review to the city manager. The finance director shall provide the city manager with written notice that a fireworks license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. The city manager, or the city manager’s designee, shall meet with the licensee and the finance director to review the finance director’s decision. The decision of the city manager or his designee shall be final.

C. Any licensee whose permit has been revoked pursuant to subsection (A) or (B) of this section shall be barred from receiving a license under this article for five years from the date of revocation. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.430 Penalty – Infraction.

A. Notwithstanding the provisions of any other section of this code, and with the exception of the fourth and subsequent violation of this article within one year as provided in subsection (C) of this section, the violation of any of the provisions of this article is an infraction.

B. Every violation of any provision of this article constituting an infraction is punishable as follows:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of this article within one year; and

3. A fine not exceeding $500.00 for a third or subsequent violation of this article within one year.

C. The fourth and/or any subsequent violation of this article within one year may, within the discretion of the charging officer, be charged as a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment in the county jail for not more than six months, or both. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.440 Seizure of fireworks.

The fire chief, or the fire chief’s designee, may seize, take, remove or cause to be removed, at the expense of the licensee, all stocks of fireworks offered or exposed for sale, stored or held in violation of this article when such violation creates an imminent threat to public health or safety. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.54.450 Concurrent authorities.

This article is not the exclusive regulation for fireworks within the city. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. [Ord. 4-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].