Title 8

HEALTH AND SAFETY

Chapters:

8.04 Health Regulations

8.08 Solid Waste Disposal

8.12 Air Pollution Control District Procedure

8.16 Sonic Booms

8.20 Explosives

8.24 Herbicides

8.25 Genetically Engineered organisms

8.28 Muddying Streams

8.30 Fire Safe Ordinance

8.32 Smoking in Fire Hazard Areas

8.36 Boating

8.40 Fishing Access and Day Use Areas

8.44 Ewing Lake Recreation Area

8.48 Junction City Rifle Range

8.52 Parks Ordinance

8.60 Trinity County Water Quality Control Ordinance

8.64 Abatement of Nuisances

8.80 Underground Storage Tanks

Chapter 8.04

HEALTH REGULATIONS

Sections:

8.04.010 Nauseous or foul premises.

8.04.020 Drainage onto public or other premises.

8.04.030 Decaying animal or vegetable matter.

8.04.040 Interference with culverts or sewers.

8.04.050 Refuse on streets or public places.

8.04.060 Rubbish or garbage carried on streets.

8.04.070 Hog pens.

8.04.080 Violation—Penalty.

8.04.010 Nauseous or foul premises No person within the county shall suffer or permit any premises belonging to or occupied by him, or any cellar, vault, privy, pool, sewer or private drains thereon or therein to become nauseous, foul or offensive or prejudicial to the public health, or public comfort. (Ord. 82 §1, 1902)

8.04.020 Drainage onto public or other premises No person or persons within the county owning or having control of any premises shall suffer or permit the drainage or any drain therefrom to empty upon or into any other premises or public street, alley, square or highway. (Ord. 82 §2, 1902)

8.04.030 Decaying animal or vegetable matter No butcher's offal, garbage, nor any dead animal nor any decayed or putrid animal or vegetable matter shall be allowed to remain on the premises of any person or be thrown into any alley, street, place or receiving basin or in any standing water, shaft or excavation or upon the ground or premises of any person within the limits of any unincorporated town in the county. (Ord. 82 §3, 1902)

8.04.040 Interference with culverts or sewers No person shall obstruct or in any manner interfere with the culverts, flumes or sewers so as to dam up the waters in the same and cause it to remain stagnant within the limits of any unincorporated town in the county. (Ord. 82 §4, 1902)

8.04.050 Refuse on streets or public places No person shall deposit or throw into or upon any street, alley, square, public place or sidewalk within the limits of any unincorporated town within the county, any refuse matter, ashes, filth, dirt, manure or trash of any kind, or commit any nuisance in or upon any street, alley, highway, public place or sidewalk within the limits of any unincorporated town in the county. (Ord. 82 §5, 1902)

8.04.060 Rubbish or garbage carried on streets No person shall within the limits of any unincorporated town in the county, carry on any sidewalk so as to be offensive to pedestrians any rubbish, garbage, filth or offal, or shall carry on any

of the sidewalks any basket or baskets, bag or bags suspended from or attached to a pole or poles across or upon the shoulder of said person. (Ord. 82 §6, 1902)

8.04.070 Hog pens No person shall, within the limits of any unincorporated town in the county, keep or maintain or suffer or permit to be maintained upon any premises owned or controlled by him any hog pen of any kind. (Ord. 82 §7, 1902)

8.04.080 Violation—Penalty Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding thirty days or by both such fine and imprisonment. (Ord. 82 §8, 1902)

Chapter 8.08,

SOLID WASTE DISPOSAL*

Sections:

8.08.010 Title.

8.08.020 Findings.

8.08.030 Minimum requirements.

8.08.040 Definitions.

8.08.050 Permit or franchise required.

8.08.060 Exceptions.

8.08.070 Application.

8.08.080 Processing of applications for new or modified permits—Issuing of permits.

8.08.090 Existing operators.

8.08.100 Conditions for issuance of franchise.

8.08.110 Illegal dumping.

8.08.120 Disposal facility charges.

8.08.130 Nuisances.

8.08.140 Exceptions.

8.08.150 Adoption of rules and rulemaking.

8.08.160 Recovered materials.

8.08.170 Disposal charges.

8.08.180 Violation—Penalty.

8.08.190 Applicability.

*Prior history: Ords. 320, 320-1, 320-2, 1022, 1073, 1113 and 1120.

8.08.010 Title This chapter shall be known and cited as the "solid waste disposal ordinance" of the county. (Ord. 1196 (part), 1995)

8.08.020 Findings The board finds that an ordinance regulating solid waste disposal is necessary to provide for public health and safety and to prevent indiscriminate and unlawful disposal, dumping and spilling of garbage, refuse and rubbish along and upon public streets, roads, highways or other places. The board, therefore, finds that the public health, safety and convenience require a stringent control and regulation of the collection, disposal and recovery of solid waste in the unincorporated areas of the county. (Ord. 1196 (part), 1995)

8.08.030 Minimum requirements The provisions of this chapter shall be the minimum requirements for the protection of the public health and safety as defined in Title 14 and Title 23 of the Public Resources Code of the state of California. (Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

8.08.040 Definitions For the purposes of this chapter, the terms used in this section are defined as follows:

"Acceptable waste" means any and all waste that is "solid waste" as defined in this section but is not "excluded waste" as defined in this section.

"Board" means the board of supervisors of the county of Trinity.

"Bulky wastes" means any large items of solid waste such as appliances, furniture, large auto parts, trees, branches, stumps and other oversize waste whose large size precludes or complicates their handling by normal collection, processing or disposal methods.

"Collection" means the act of collecting solid waste at the place of generation by an approved collection agent (public or private) and is distinguished from "removal"

"County" means the county of Trinity.

"Disposal site" or "disposal facility" means a sanitary landfill or waste transfer station as defined under Title 14 of the Public Resources Code of the state of California.

"Equipment" means any and all containers, tractors, trailers, motor vehicles, cranes, top pickers, loaders, backhoes and

other equipment utilized for collection, transportation, handling, processing and disposal of acceptable waste.

"Excluded waste" means waste that: (1) is prohibited from receipt at the disposal site by state, federal or local law, regulation, rule, code ordinance, order, license, permit or permit condition; (2) is or contains hazardous waste as defined in this section; (3) county reasonably believes would, as a result of or upon disposal, be a violation of local, state or federal law, regulation or ordinance, including land use restrictions or conditions applicable to the disposal site; or (4) in county's opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose county to potential liability.

"Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs.

"Hazardous wastes" include any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals or wildlife, during, or as a result of any disposal of such wastes or mixture of wastes.

"Person" means any individual, firm, corporation, joint venture, association or copartnership, and the plural as well as the singular.

"Recovered materials" include any discarded metal, glass or plastic items, or discarded clothing, housewares, toys, tools or other goods which are, or can be, removed from the waste stream for reuse or recycling.

"Refuse" includes "garbage" and "rubbish"; used inter-changeably with "solid waste."

"Rubbish" includes nonputrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products and litter.

"Solid waste" includes all solid or semi-solid, putrescible and nonputrescible discarded material, including garbage, recovered materials, rubbish and bulky wastes.

"Truck" means any truck, tractor/trailer, conveyance or other vehicle used to collect and transport solid waste over public roads and highways.

"Universal waste" means wastes which include batteries, such as nickel-cadmium and small sealed lead-acid batteries; thermostats which contain liquid mercury; lamps which typically contain mercury and sometimes lead, including fluorescent, high intensity discharge (HID), neon, mercury vapor, high pressure sodium, and metal halide lamps; and agricultural pesticides.

For purposes of this chapter, the masculine pronoun shall be taken to include the feminine and neuter cases. (Ord. 1237 § 1 (part) 2000; Ord. 1196 (part), 1995)

8.08.050 Permit or franchise required It is unlawful for any person to operate a solid waste collection or transportation service in the unincorporated area of Trinity County without possessing a current permit or franchise to do so from the board and paying such fee or fees as may be required for such permit or franchise. (Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

8.08.060 Exceptions The provisions of this chapter shall not apply to persons hauling their own residential solid waste; nor to persons engaged in farming or agricultural processing, hauling waste generated by their own operations; nor to municipalities or public agencies or private operators who collect solid waste exclusively within a municipality; nor to industrial, commercial or business establishments or building contractors hauling their own solid waste or wastes generated by their own operations. It is the intent of this chapter to prohibit any person from hauling solid waste for hire without first securing a permit or franchise as provided in this chapter. (Ord. 1237 § 1 (part), 2000; Ord. 1196 (part), 1995)

8.08.070 Application Applicants for a permit or franchise under this chapter shall file with Trinity County general services, the oversight agency of the county of Trinity, a verified application in writing in a form approved by the general services manager, which application shall include the following:

A. Name of applicant;

B. Permanent home and business address and full local address of the applicant, including situs of residence, and business office and/or service yard;

C. Trade or firm name, if applicable;

D. If a joint venture, partnership, or limited partnership syndicate, the names and addresses of all partners and their percentages of participation; if a corporation, the names and addresses of all shareholders, directors and officers, and the percentage of participation of each;

E. The location to which the solid waste collected shall be transported for disposal, providing that the site is capable of, and permitted for, acceptance of the materials disposed;

F. Vehicle information, including:

1. Make, year, VIN number, license number, tare weight and capacity of each vehicle owned by the applicant,

2. Make, year, VIN number, license number, tare weight and capacity of each vehicle leased, rented or hired by the applicant; the name and address of the lessor, and a copy of the lease, rental or hire agreement,

3. The location where the equipment owned or leased may be inspected by the general services manager or his designee;

G. A legal description of the proposed service area; such description to include:

1. The name (s) and address(es) of any permittee(s) already serving the proposed area,

2. A map delineating the boundaries of the area or areas with sufficient accuracy that the boundaries can be readily and accurately transferred to a master map retained in the general services office,

3. A text describing the boundaries of the proposed service area by reference to streets, roads, monuments, topographic or geographic features,

4. The number of vehicles, trailers, containers or other pieces of equipment that applicant proposes to use to serve the area, listed by type and identified by license number or some other means of unique identification,

5. The proposed frequency of collection; listed by type if separate pickups are made for residential or commercial accounts, or for recovered materials,

6. A description of the financial arrangements that are proposed to be entered into by applicant to acquire any necessary equipment and a brief description of the terms of any transaction by which the applicant will obtain any of the required funds;

H. If the applicant is the owner/operator of an existing solid waste collection firm in the county, copies of applicant's income and expense statements for the past three years, prepared either on the basis of a certified audited statement, or a review by a certified public accountant, at the election of the applicant. If applicant is not the operator of an existing solid waste collection firm in the county, the applicant shall submit either audited financial statements for the past three years of operation, or alternatively, a statement in the form of a budget setting forth:

1. The total projected financing requirements of applicant for the first two years of operation,

2. The source of all required funds,

3. The use proposed to be made of all funds received, including all expenditures to be made or incurred;

I. A statement from the applicant which demonstrates the company's fitness to perform the task in a safe and effective manner;

J. Each application for a new or amended permit or franchise shall be accompanied by a filing fee of two hundred fifty dollars. (Ord. 1237 § 1 (part), 2000; Ord. 1196 (part), 1995)

8.08.080 Processing of applications for new or modified permits—Issuing of permits The general services manager shall conduct, or cause to be conducted, such investigations of each application as he deems necessary to recommend to the board whether the application should be approved in whole, in part, or denied. The recommendation shall include the general services manager's findings concerning the fitness, willingness and ability of applicant to properly perform the proposed service(s) and to conform to the requirements of this chapter and the applicable sections of the Vehicle Code and the Public Resources Code of the state of California. The investigation shall be completed and the report submitted to the board within sixty days of receipt of the application. Upon receipt of the recommendations of the general services manager, the board may approve, in whole or in part, or conditionally approve the application upon finding that:

A. Applicant is fit, willing and able to perform the services proposed and to conform to the conditions of this chapter and to the applicable sections of the Vehicle Code and the Public Resources Code of the state of California;

B. The proposed service is or will be required for present and future public health, safety and convenience.

In the event any required finding is not made, the application shall be denied. A permit may be granted for service to an area already served by an existing permit or franchise. Upon approval or conditional approval, the general services manager shall issue the appropriate permit to operate. All permits or franchises issued under this chapter shall be effective for a period of five fiscal years, commencing on July 1st of the year of issuance; except that the board may further limit the term of a permit or franchise to coincide with the term of the county contract for solid waste services. Unless cancelled or revoked as provided in this chapter, a permit shall automatically be renewed for an additional term of five years following expiration of the initial term; provided, that the permittee or franchisee requests the renewal in writing not less than six months nor more than twelve months prior to the expiration of the current (or initial) permit or franchise. (Ord. 1237 § 1 (part), 2000; Ord. 1196 (part), 1995)

8.08.090 Existing operators Every person operating a service within the unincorporated area of the county for collection and transportation of solid waste prior to the operative date of this chapter shall be presumed, in the absence of evidence to the contrary, and finding by the board, to have provided prima facie evidence of compliance with Section 8.08.080 of this chapter. (Ord. 1237 § 1 (part), 2000; Ord. 1196 (part), 1995)

8.08.100 Conditions for issuance of franchise Any permit or franchise issued pursuant to this chapter shall be in the form approved by the director of general services and county counsel and on the conditions set forth in such permit or franchise. (Ord. 1237 § 1 (part), 2000)

8.08.110 Illegal dumping It is unlawful for any person to dump any solid waste or hazardous waste, as described in Section 8.08.040 of this chapter, upon, or to permit the same to fall upon any property, public or private, or upon any road or highway, or any place, yard, lane, alley, field, body of water, ravine, or any location not specifically designated for disposal of those materials. It shall also be unlawful for any person to dump, or permit to fall, any permitted material or materials into or upon any waste disposal or transfer facility. It shall also be unlawful for any person to discharge septic tank sediment or effluent (i.e., septage) into or onto any area other than an impoundment or tank specifically constructed for such disposal, or to discharge any solid waste other than septage into such impoundment or tank. Persons found guilty of illegal dumping shall be subject to a fine of not less than five thousand dollars, plus the cost to clean up and abate the

nuisance so created. The first person providing information leading to the conviction of a party or parties guilty of illegal dumping as defined in this section shall receive ten percent of the fine collected as a reward. (Ord. 1237 §l (part), 2000; Ord. 1196 (part), 1995)

8.08.120 Disposal facility charges The board may acquire or lease land to be used for public disposal or collection/transfer facilities for solid waste, if the board finds that the acquisition or lease is necessary to protect public health and safety. The board reserves the authority and right to establish by resolution any charges deemed reasonable for the disposal of solid waste at any county disposal or collection/transfer facility, such charges to reflect the cost of providing and operating the facility or facilities in accordance with applicable local, state and federal laws. The board also reserves the authority and right to set, by resolution, schedules of maxi-mum prices for collecting and hauling solid waste within the county. Such schedules, once adopted, become a part of this chapter. A copy of any schedule so established by board resolution shall at all times be kept on file in the offices of the county clerk, the board of supervisors, and the general services manager for inspection by the public during normal business hours. (Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

8.08.130 Nuisances It is unlawful for any person to do, or attempt to do, any of the following acts, and such acts are declared to be nuisances:

A. To dump, leave or abandon any live animal or animals at any waste disposal or collection/transfer site or facility;

B. To initiate, maintain or permit disposal of solid waste on private property in such a manner as to produce odors, provide harborage for vermin, or create a hazard to public health and safety;

C. No permittee or franchisee operating a collection/transfer truck having a freight capacity of eight or more cubic yards may dump or cause to be dumped, any solid waste at a disposal site other than the Weaverville landfill; provided, however, that the general services manager may designate a specific site within the landfill for said disposal.

Persons guilty of creating or maintaining a nuisance shall be subject to a fine of not less than one thousand dollars, plus the cost of abating the nuisance. (Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

8.08.140 Exceptions This chapter shall not be construed to prohibit the owners of residences or businesses from collecting and transporting solid waste from their own residences or places of business to a county disposal or collection/transfer facility for proper disposal. This chapter shall also not be construed to prohibit disposal of household garbage on private property through composting or through use of same as a feed supplement for domestic animals, provided that said disposition can be made according to applicable health and public resources laws. (Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

8.08.150 Adoption of rules and rulemaking To provide for public health and safety, the board may make, by resolution, all necessary rules and regulations governing the handling, collection, transportation or disposal of solid waste or hazardous waste, and may establish through adoption of a benefit assessment or other means, for the funding necessary to provide a solid waste system to county residents and businesses. Copies of any such rules, regulations, schedules of charges, and related resolutions shall be kept by the county clerk, the board clerks, and the general services manager, and shall be made available to the public upon request. (Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

8.08.160 Recovered materials Unless so stipulated in an approved permit or franchise agreement, all right and title to recovered materials shall reside with the county. This provision does not apply to recovered materials being transported, sold or recycled by the residents or businesses which generated those materials. The board may, as a condition of granting or renewal of a permit or franchise, require the permittee or franchisee to provide for either separate or segregated collection of recovered materials, and for documentation of the volumes or weights of same on a regular basis. (Ord. 1237 §l (part), 2000; Ord. 1196 (part), 1995)

8.08.170 Disposal charges It is unlawful for any person, resident, or business to dispose of solid waste at any collection/transfer station unless a disposal fee is paid. Such disposal fee shall be based on the current charge per cubic yard for solid waste disposal as established by board resolution for the current year, or it may reflect the cost to dispose of permitted, specific waste items as listed in the same board resolution. Refusal to pay for disposal shall constitute illegal dumping as defined in Section 8.08.110 of this chapter. (Ord. 1237 § 1 (part), 2000; Ord. 1196 (part), 2000)

8.08.180 Violation—Penalty Unless otherwise provided, any person, firm or corporation, whether as principal agent, employee or otherwise, violating any provision of this chapter shall be guilty of an infraction and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars, and for violation of the section governing illegal dumping, of a fine not less than five thousand dollars plus the cost of abating the nuisance the illegal dumping created. Guilty parties may also be subject to civil actions. (Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

8.08.190 Applicability This chapter shall not require persons entering into short-term contracts with the county for specific projects to become permittees or franchisees in order to dispose of solid waste at county facilities, although all other stipulations, conditions and possible penalties for violations continue to apply. (Ord. 1237 §1 (part), 2000; Ord. 1196

(part), 1995)

Chapter 8.12

AIR POLLUTION CONTROL DISTRICT PROCEDURE

Sections:

8.12.010 Procedure before hearing board—Generally.

8.12.020 Powers of hearing board.

8.12.030 Filing petitions.

8.12.040 Contents of petition.

8.12.050 Appeal from denial.

8.12.060 Petitions for variance.

8.12.070 Failure to comply with rules.

8.12.080 Answers.

8.12.090 Dismissal of petition.

8.12.100 Place of hearing.

8.12.110 Notice of hearing.

8.12.120 Evidence.

8.12.130 Preliminary matters.

8.12.140 Official notice.

8.12.150 Continuances.

8.12.160 Decision.

8.12.170 Effective date of decision.

8.12.180 Lack of permit.

8.12.190 Issuance of subpoenas, subpoenas duces tecum.

8.12.010 Procedure before hearing board—Generally This chapter shall apply to all hearings before the hearing board of the air pollution control district. (Ord. 331 Reg. V. Rule 50, 1972)

8.12.020 Powers of hearing board After a public hearing, the hearing board may:

A. Continue the suspension of a permit suspended by the air pollution control officer;

B. Remove the suspension of an existing permit invoked by the air pollution control officer pending the furnishing by the permittee of the information, analyses, plans and specifications required; or

C. Find that no violation exists and reinstate an existing permit; or

D. Revoke any existing permit, if it finds:

1. The permittee has failed to correct any conditions required by the air pollution control officer, or

2. A refusal of a permit would be justified, or

3. Fraud or deceit was employed in obtaining of the permit, or

4. Any violation of this chapter, Chapter 3.5 (commencing with Section 39077) of Part 1 of Division 26, or of any rule or regulation of the air pollution control board. (Section 24276). (Ord. 331 Reg. V. Rule 51, 1972)

8.12.030 Filing petitions Requests for hearing shall be initiated as specified in the Health and Safety Code by the filing of a petition with the clerk of the hearing board at the Trinity County Air Pollution Control District, Courthouse, Weaverville, California, and the payment of the fee provided for in Rule 31 of the Rules and Regulations of the Trinity County Air Pollution Control District, after service of a copy of the petition has been made on the air pollution control officer at the Trinity County Health Department, Weaverville, California 96093, and one copy on the holder of the permit or variance, if any, involved. Service may be made in person or by mail and service may be proved by written acknowledgement of the person served or by the affidavit of the person making the service. (Ord. 331 Reg. V. Rule 52, 1972)

8.12.040 Contents of petition Every petition shall state:

A. The name, address and telephone number of the petitioner or other person authorized to receive service of notices;

B. Whether the petitioner is an individual, copartnership, corporation or other entity, and names and addresses of the partners if a copartnership, names and address of the officers, if a corporation, and the names and addresses of the persons in control, if other entity;

C. The type of business or activity involved in the application and the street address at which it is conducted;

D. A brief description of the article, machine, equipment or other contrivance, if any, involved in the application;

E. The section or rule under which the petition is filed, that is, whether petitioner desires a hearing:

1. To determine whether a permit shall be revoked or suspended permit reinstated under Section 24274, Health and Safety Code of the state,

2. For a variance under Section 24292, Health and Safety Code,

3. To revoke or modify a variance under Section 24298, Health and Safety Code,

4. To review the denial or conditional granting of an authority to construct, permit to operate or permit to sell or rent under

Rules 21 and 22 of the Rules and Regulations of the Trinity County Air Pollution Control District;

F. Each petition shall be signed by the petitioner, or by some person on his behalf, and where the person signing is not the petitioner, it shall set forth his authority to sign;

G. Petitions for revocation of permits shall allege in addition, the rule under which the permit was granted, the rule or section which is alleged to have been violated, together with a brief statement of the facts constituting such alleged violation;

H. Petitions for reinstatement of suspended permits shall allege in addition the rule under which the permit was granted, the request and alleged refusal which formed the basis for such suspension, together with a brief statement as to why the information is believed by petitioner to be pertinent, and if so, when it will be furnished;

I. All petitions shall be typewritten, double-spaced, on legal or letter sized paper, on one side of the paper only, leaving a margin of at least one inch at the top and left side of each sheet. (Ord. 331 Reg. V. Rule 53, 1972)

8.12.050 Appeal from denial A petition to review a denial or conditional approval of an authority to construct, permit to operate or permit to sell or rent shall, in addition to the matters required by Section 8.12.040, set forth a summary of the application or a copy thereof and the alleged reasons for the denial or conditional approval and the reasons for appeal. (Ord. 331 Reg. V. Rule 54, 1972)

8.12.060 Petitions for variance In addition to the matters required by Section 8.12.040, petitions for variances shall state briefly:

A. The section, rule or order complained of;

B. The facts showing why compliance with the section, rule or order is unreasonable;

C. For what period of time the variance is sought and why;

D. The damage or harm resulting or which would result to petitioner from the compliance with such section, rule or order;

E. The requirements which petitioner can meet and the date when petitioner can comply with such requirements;

F. The advantages and disadvantages to the residents of the district resulting from requiring compliance or resulting from granting a variance;

G. Whether or not operations under such a variance, if granted, would constitute a nuisance;

H. Whether or not any case involving the same identical equipment or process is pending in any court, civil or criminal;

I. Whether or not the subject equipment or process is covered by a permit to operate issued by the air pollution control officer. (Ord. 331 Reg. V. Rule 55, 1972)

8.12.070 Failure to comply with rules The clerk of the hearing board shall not accept for filing any petition which does not comply with these rules relating to the form, filing and service of petitions unless the chairman or any two members of the hearing board direct otherwise, and confirm such direction in writing. Such direction need not be made at a meeting of the hearing board. The chairman or any two members of the board, without a meeting, may require the petitioner to state further facts or reframe a petition so as to disclose clearly the issues involved. (Ord. 331 Reg. V. Rule 56, 1972)

8.12.080 Answers Any person may file an answer within ten days after service. All answers shall be served in the manner prescribed for service of petitions under Section 8.12.030. (Ord. 331 Reg. V. Rule 57, 1972)

8.12.090 Dismissal of petition The petitioner may dismiss his petition at any time before submission of the case to the hearing board, without a hearing or meeting of the hearing board. The clerk of the hearing board shall notify all interested persons of such dismissal. (Ord. 331 Reg. V. Rule 58, 1972)

8.12.100 Place of hearing All hearings shall be held at the county supervisors' chambers, Trinity County Court-house, Weaverville, California, unless some other place is designated by the hearing board. (Ord. 331 Reg. V. Rule 59, 1972)

8.12.110 Notice of hearing The clerk of the hearing board shall mail or deliver a notice of hearing to the petitioner, the air pollution control officer, the holder of the permit or variance involved, if any, and to any person entitled to notice under Sections 24275, 24295, 24299, 24365.8-a and 24365.8-b of the Health and Safety Code. (Ord. 331 Reg. V. Rule 60, 1972)

8.12.120 Evidence

A. Oral evidence shall be taken only on oath or affirmation.

B. Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.

C. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible

over objections in civil action. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded. (Ord. 331 Reg. V. Rule 61, 1972)

8.12.130 Preliminary matters Applications for setting a date for hearing, granting continuances, approving petitions for filing, allowing amendments and other preliminary rulings not determinative of the merits of the case may be granted by the chairman or any two members of the hearing board ex parte. Written notice of any action taken under this rule shall be given to all parties by the party requesting the action. (Ord. 331 Reg. V. Rule 62, 1972)

8.12.140 Official notice The hearing board may take official notice of any matter which may be judicially noticed by the courts of the state. (Ord. 331 Reg. V. Rule 63, 1972)

8.12.150 Continuances The chairman or any two members of the hearing board shall grant any continuance of fifteen days or less, concurred in by the petitioner, the air pollution control officer and by every person who has filed an answer in the action and may grant any reasonable continuance; in either case, such action may be ex parte. Written notice of any action taken under this section shall be given to all parties by the party requesting the action. (Ord. 331 Reg. V. Rule 64, 1972)

8.12.160 Decision The decision shall be in writing, served and filed within thirty days after submission of the cause by the parties thereto and shall contain a brief statement of facts found to be true, the determination of the issues presented to and the order of the hearing board. A copy shall be mailed or delivered to the air pollution control officer, the petitioner and to every person who has filed an answer or who has appeared as a party in person or by counsel at the hearing. (Ord. 331 Reg. V. Rule 65, 1972)

8.12.170 Effective date of decision The decision shall become effective fifteen days after delivering or mailing a copy of the decision, as provided in Section 8.12.160, or the hearing board may order that the decision shall become effective sooner. (Ord. 331 Reg. V. Rule 66, 1972)

8.12.180 Lack of permit

A. The hearing board shall not receive or accept a petition for a variance for the operation or use of any article, machine, equipment or other contrivance until a permit to operate has been granted or denied by the air pollution control officer except under the following conditions:

1. An appeal from a denial of a permit to operate and a petition for a variance may be filed with the hearing board in a single petition.

2. The air pollution control officer may petition the hearing board to grant a variance or extension of initial compliance for any individual operation or group of operations.

B. A variance granted the hearing board after a denial of a permit to operation by the air pollution control officer may include a permit to operate for the duration of the variance. . (Ord. 331 Reg. V. Rule 67, 1972)

8.12.190 Issuance of subpoenas, subpoenas duces tecum Whenever the members of the hearing board conducting any hearing deem it necessary to examine any person as a witness at such hearing, the chairman of the hearing board shall issue a subpoena, in proper form, commanding such person to appear before it at a time and place specified to be examined as a witness. The subpoena may require such person to produce all books, papers and documents in his possession or under his control to such hearing. (Ord. 331 Reg. V. Rule 68, 1972)

Chapter 8.16

SONIC BOOMS

Sections:

8.16.010 Findings.

8.16.020 Nuisance declared.

8.16.030 Creating sonic booms unlawful.

8.16.040 Refusal to provide flight information.

8.16.050 Violation—Penalty.

8.16.010 Findings The board of supervisors of the county makes the following findings:

A. The operation of aircraft at supersonic speeds above and in the vicinity of the county is causing more frequent, very loud, and increasingly intense, sudden and startling noises and ground level vibrations commonly known as "sonic booms."

B. Such sonic booms are causing physical injuries to persons, particularly persons engaged in hazardous or delicate activities, are damaging plaster, bricks and glass in buildings, are disturbing and detrimental to animals and livestock and do seriously frighten and alarm a large percentage of the citizens of the county.

C. No recognized or established "sonic corridors" travel over or near Trinity County.

D. Operation of supersonic aircraft above and in the vicinity of the county so as to cause such sonic booms are not reasonably necessary for national safety or defense, for convenience of air bases, nor for any other reason.

E. Enforcement of any prohibition against sonic booms is extremely difficult due to the lack of knowledge and information by local officials as to the identity of the individual piloting supersonic aircraft over or in the vicinity of Trinity County.

F. Information as to the identity of the individual or individuals piloting supersonic aircraft over or in the vicinity of Trinity County is available to or within the knowledge of the military and the Federal Aviation Administration. (Ord. 329 §1, 1970)

8.16.020 Nuisance declared The board of supervisors of the county declares that the flights of manned and piloted aircraft over and in the vicinity of the county at supersonic speeds so as to cause loud, sudden and intense sonic booms in the county constitutes a public nuisance. (Ord. 329 §2, 1970)

8.16.030 Creating sonic booms unlawful It is unlawful for any person to pilot any aircraft over and in the vicinity of the county at supersonic speeds so as to cause loud, sudden and intense sonic boom impacts in the county. (Ord. 329 §6, 1970)

8.16.040 Refusal to provide flight information It is unlawful for any person to wilfully refuse to provide available nonclassified flight information which will lead to the proper identification of any person violating Section 8.16.030. (Ord. 329 §7, 1970)

8.16.050 Violation—Penalty Any person who violates any of the regulatory provisions of this chapter is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both fine and imprisonment. (Ord. 329 §8, 1979)

Chapter 8.20

EXPLOSIVES

Sections:

8.20.010 Gunpowder.

8.20.020 Giant powder.

8.20.030 Violation—Penalty.

8.20.040 Disposition of fines.

8.20.010 Gunpowder It shall be unlawful to store and keep or to store or to keep in any building or other structure in the county situated within a distance of an eighth of a mile from any occupied residence any quantity of gunpowder exceeding twenty-five pounds in weight. (Ord. 51 §1, 1894)

8.20.020 Giant powder It shall be unlawful to store and keep or to store or to keep in any building or other structure in the county situated within a distance of one eighth of a mile from any occupied residence, Hercules powder, giant powder or any form or preparation of what is commonly known as giant powder in quantity exceeding twenty-five pounds in weight. (Ord. 51 §2, 1894)

8.20.030 Violation—Penalty Any person violating the provisions of this chapter is guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than one hundred dollars and not more than five hundred dollars and unless the fine imposed is paid, shall be imprisoned in the county jail until such fine is satisfied, such imprisonment not to exceed one day for each two dollars of the fine imposed. (Ord. 51 §3, 1894)

8.20.040 Disposition of fines All fines collected for the violation of this chapter shall, when collected, be paid into the county treasury for the use of the general fund of the county. (Ord. 51 §4, 1894)

Chapter 8.24

HERBICIDES

Sections:

Article I. Herbicides and Pesticides

8.24.010 Title.

8.24.020 Purpose.

8.24.030 Permit for application.

8.24.040 Considerations prior to issuance of permit.

8.24.041 Review board—Membership and appointment.

8.24.042 Review board—Application review.

8.24.050 Permit issuance.

8.24.060 Conditional permits.

8.24.065 Posting and notice by permittee.

8.24.070 Not to conflict with other provisions.

8.24.080 Violation—Penalty.

8.24.090 Liability.

Article II. Phenoxy Herbicides

8.24.100 Title.

8.24.110 Findings.

8.24.120 Prohibited acts—Exception.

8.24.130 Violation—Penalty.

Article III. Appeals

8.24.200 Determinations which may be appealed.

8.24.210 Time of appeal and stay of permit.

8.24.220 Grounds for appeal.

8.24.230 Time limits.

8.24.240 Hearing on appeal.

8.24.250 Documents, information and application for permits.

8.24.260 Fee.

Article I. Herbicides and Pesticides

8.24.010 Title This article shall be known as the "Trinity County herbicide/pesticide control ordinance." (Ord. 370 §1, 1979)

8.24.020 Purpose It is necessary, in the county, to protect the health and welfare of the people of the county, as well as the surrounding watershed and water supply areas, game animals, livestock, pets and natural resources, from the hazards or dangers from the drift, contamination or discharge or application of any herbicides, pesticides, chemicals, poisons or any substance that is so labeled that the substance could be hazardous to any of the aforementioned from improper use. (Ord. 370 §2, 1979)

8.24.030 Permit for application Prior to the aerial application or ground application of the substances mentioned in Section 8.24.020, the person, firm, corporation, agency or partnership contemplating the aerial application or ground application shall obtain from the county health department and the county agriculture commissioner a herbicide/pesticide application permit; provided, however, a permit for ground application shall be necessary only for application to one acre or more or within two hundred fifty feet of any stream bed or intermittent stream bed. (Ord. 370 §3(part), 1979)

8.24.040 Considerations prior to issuance of permit Before issuing a permit for any such application of substances mentioned in Section 8.24.020, the county health department, the county agricultural commissioner, and review board of permit applications shall consider local circumstances including, but not limited to, the following:

A. Use in the vicinity of schools, dwellings, hospitals;

B. Weather condition;

C. Use in the vicinity of any watercourse or watershed areas;

D. Use in locations likely to affect domestic water supplies;

E. Use in locations likely to affect dairy animals and livestock;

F. Use in locations likely to affect protected wildlife; and

G. Use in locations likely to affect fish or fish habitat. (Ord. 1043 §1, 1983)

8.24.041 Review board—Membership and appointment

A. The review board shall be comprised of three persons. One member of the review board shall be a member of the board of supervisors representing the district to be affected by the permit, who shall also serve as the chairman of the board. The remaining members shall be at large, appointed by the board of supervisors for a term of one year; provided, the board of supervisors may reappoint a member at large to the review board for two additional term(s).

B. The board shall also appoint two additional persons to serve as alternates for each member of large. When a member at large is unable to attend any function of the review board, the chairman of the board shall appoint one of the alternates to temporarily serve in that absent member's stead. The duties and responsibilities of the appointed alternate

while so serving shall be the same as that of a member at large.

C. No member at large or alternate therefor shall be an official or employee of the county, except in his or her position as a review board member.

D. The board of supervisors shall appoint the members at large and their alternates by majority vote after advertising for applications for appointment. Such advertisement shall conform to Section 6062 of the California Government Code. Should there be less than a sufficient number of applications to fill the available appointments, the board of supervisors may appoint at their discretion.

E. In any event, the board of supervisors shall take into consideration the necessity of appointing individuals, not only as the members at large, but also as to the alternates, with different viewpoints regarding issues within the jurisdiction of the review board so as to reflect a balanced composition thereof. (Ord. 1043 §2(part), 1983)

8.24.042 Review board—Application review

A. Upon receipt of an application for a permit to apply a substance or substances mentioned in Section 8.24.020, the health officer shall immediately notify the chairman of the review board. The review board shall thereafter meet within ten days, at a place and time designated by the chairman of the board.

B. The review board shall review the application to determine whether the application meets the requirements of this chapter. The scope of the review shall be only within the criteria set forth in subsection A of Section 8.24.240 of this chapter. The review board shall advise the health officer and agriculture commissioner, in writing, of their findings and recommendations within twenty days of the receipt of the application by the review board of the permit.

C. Should the review board, for any reason, not comply with the provisions of this chapter, the agriculture commissioner and health officer shall proceed on the application for a permit according to all other provisions of the chapter, with the exception of those appertaining to the review board. (Ord. 1043 §2(part), 1983)

8.24.050 Permit issuance The health officer and the agricultural commissioner, after consideration of the findings and recommendations of the review board, of the permit application(s) and of local conditions, may issue a permit for the application of the substances mentioned in Section 8.24.020 if it determines that the conditions of this chapter have been met, that such application under the circumstances of the particular case would not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the area of the proposed application, nor be detrimental or injurious to property, improvements, wildlife and fish in the vicinity, nor the general welfare of the county, and that the applicant has provided the department of health and the agriculture commissioner with the satisfactory contingency plan for cleanup in case of damages resulting from the application of the aforementioned substances, along with insurance in an amount deemed necessary by the health officer to insure any damages resulting from the application of the aforementioned substances. (Ord: 1043 §4, 1983)

8.24.060 Conditional permits The health department may condition the issuance of a permit as it deems necessary. Such conditions may include, but are not limited to, time limitations, application limited to certain areas, and application limited to certain quantities and/or concentrations, and that the applications shall be monitored by the health department in accordance with regulations established by the health officer and approved by the board of supervisors. The cost of the monitoring shall be borne by the applicant or permittee. (Ord. 8.40-2 §1, 1982: Ord. 370 §3(C), 1979)

8.24.065 Posting and notice by permittee

A. A permittee under this chapter shall be required to post the property upon which the application of any herein permitted substance or substances are to be made. The location, number, size and style of signs shall be determined by the health officer at the time of issuance of the above permit.

B. An applicant for a permit to apply herbicides or pesticides shall cause to be published a notice of intent, designating the chemical(s) to be used, and the method(s) and location(s) in a newspaper of general circulation within the county no later than thirty days prior to the issuance of the permit for the application(s).

C. No application of any of the above-mentioned substance or substances under this chapter shall be made by permittee until after the expiration of ten days from the issuance of the permit. (Ord. 1043 §5(part), 1983)

8.24.070 Not to conflict with other provisions This article is in no way meant to conflict with Article II of this chapter. (Ord. 1043 §5(part), 1983)

8.24.080 Violation—Penalty Any person, firm, corporation, agency or partnership, whether as principal, agent, employee or otherwise, who uses, permits the use of, or causes to be used, any of the substances mentioned in Section 8.24.020, except under a written permit of the department of health and agriculture commissioner, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a term up to six months, or by both fine and imprisonment. Such person, firm, corporation, agency, or partnership shall be deemed to be guilty of a separate offense for each and every day, any portion of a day, or each and every separate application which a violation of this article is committed, continued, or permitted by such person, firm, corporation, agency or partnership, and shall be punishable as provided in this section. (Ord. 8.40-1 §1(part), 1982; Ord. 370 §6, 1979)

8.24.090 Liability Any person, firm, corporation, agency, or partnership who violated the provisions of this article is liable to a civil action brought by the district attorney for an amount up to two thousand five hundred dollars for each day of said violation. (Ord. 8.40-1 §1(part), 1982; Ord. 370 §7, 1979)

Article II. Phenoxy Herbicides

8.24.100 Title This article shall be known as the "Trinity County phenoxy herbicide ordinance." (Ord. 368 §1, 1979)

8.24.110 Findings It is necessary to prohibit the application of phenoxy herbicides because of the dangers of drift, contamination of food and water ingestion by game animals and irrevocable harm to natural resources. The application of phenoxy herbicides, in light of said dangers, threatens the right of the people of the county to be secure in their homes and to enjoy the peaceful, undisturbed use of private property and public lands. (Ord. 368 §2, 1979)

8.24.120 Prohibited acts—Exception

A. Any application, in any amount of phenoxy herbicides, including, but not limited to, 2,4,5-T,2,4-D, Silvex, or any matter containing the chemical Dioxin, is prohibited.

B. The provisions of subsection A shall not be applicable to the use of the above phenoxy herbicides by the United States Forest Service provided:

1. That the application is limited to the Pacific Southwest Forest Range and Experiment Station on Ironside Mountain located within the county for the purposes of an alternative herbicide study;

2. That the experimental application is at a date and time approved by the board of supervisors;

3. That the experimental application is monitored by a person or persons appointed for that purpose by the board of supervisors; and

4. That the experimental application is a ground application occurring no more than once. (Ord. 368-1 §1, 1981: Ord. 368 §3, 1979)

8.24.130 Violation—Penalty It shall be unlawful for any person, firm or corporation to violate any provision of this article. Any violation of the provisions of this article shall constitute and be a misdemeanor, and shall be punished by a fine of five hundred dollars and by confinement in the county jail up to six months. Each separate discharge of the prohibited substances shall constitute a separate offense. (Ord. 368 §4, 1979)

Article III. Appeals

8.24.200 Determinations which may be appealed Any of the determinations of decisions to issue or deny the issuance of a permit made by the health officer or agriculture commissioner, pursuant to Sections 8.24.040, 8.24.050 or 8.24.060 of this chapter may be appealed by any interested person to the board of supervisors. (Ord. 1043 §6(part), 1983)

8.24.210 Time of appeal and stay of permit Any appeal authorized herein must be filed, in writing, with the clerk of the board of supervisors within ten days of the issuance or denial of a permit allowed by this chapter. Any use of an issued permit shall be stayed upon the filing of a valid appeal, and shall remain stayed pending appeal. Should the appeal be one from the issuance of a permit, a copy of such appeal shall be submitted by the appellant to the permit applicant.at the same time it is filed with the clerk of the board of supervisors. (Ord. 1043 §6(part), 1983)

8.24.220 Grounds for appeal No appeal shall be allowed except those challenging or denying the issuance of a permit for reasons violative of the requirements of Sections 8.24.040, 8.24.050 and 8.24.060 of this chapter, or of any regulations adopted by the health officer and approved by the board of supervisors. (Ord. 1043 §6(part), 1983)

8.24.230 Time limits A hearing on appeal shall be set for no later than fifteen days from the date of the filing of, the appeal. The hearing, at the discretion of the board of supervisors, may be at a regularly scheduled meeting date or at a special session for the purpose of the hearing on the appeal. The board of supervisors shall make its findings and render its decision no later than the next regularly scheduled meeting date following the hearing on appeal. (Ord. 1043 §6(part), 1983)

8.24.240 Hearing on appeal

A. At the hearing on appeal, the board shall first hear the findings of the review board, health officer and agriculture commissioner. Thereafter, the board of supervisors may take testimony from any interested party the board of supervisors deems pertinent to the issue of whether or not there has been compliance with the provisions of Sections 8.24.040, 8.24.050 and 8.24.060 of this chapter, and the regulations adopted by the health officer and approved by the board of supervisors.

B. The board of supervisors may sustain, modify, reject or overrule any finding or decision of the health officer and/or agriculture commissioner, and may make such findings and decisions as are not inconsistent with the provisions of state law not in conflict with the ordinance codified in this chapter and local ordinances; such findings and decisions are to be final. Provided, however, should the board of supervisors find that the appeal permit was not issued in compliance with

Sections 8.24.040, 8.24.050 and 8.24.060 of this chapter and of the regulations adopted by the health officer and approved by the board of supervisors, the permittee shall be allowed to reapply for the permit in accordance with the findings of the board of supervisors at the hearing on appeal. (Ord. 1043 §6(part), 1983)

8.24.250 Documents, information and application for permits The health officer and/or agriculture commissioner shall make available for inspection or copying, to any interested party, all documentation in their possession relating to the issuance of a permit. Such information shall include, but not be limited to the application, permit, contingency plans, results of inspections, chemicals to be applied, and conditions of issuance of the permit. Any copying expense shall be borne by the party requesting the copies. (Ord. 1043 §6(part), 1983)

8.24.260 Fee At the time of filing of the appeal, the appellant shall pay a filing fee of seventy-five dollars. No appeal shall be considered filed until such filing fee is paid. After the appeal has been heard and the decision of the board is in favor of the appellant, the board may, by majority vote, refund to appellant the filing fee; provided, however, that before such a refund may be made, the board shall make, findings to support the conclusion that a refund would, in fact, be equitable. (Ord. 1043 §6(part), 1983)

Chapter 8.25

GENETICALLY ENGINEERED ORGANISMS

Sections:

8.25.010 Title.

8.25.020 Findings and Purpose.

8.25.030 Prohibitions.

8.25.040 Definitions.

8.25.050 Violation _ Penalties.

8.25.060 Nuisance _ Remedies.

8.25.070 Enforcement.

8.25.080 Abatement of Immediate Hazard.

8.25.090 Abatement of Nuisance.

8.25.100 Petition for Abatement of Nuisance.

8.25.110 Hearing on Petition and Order to Show Cause.

8.25.120 Order for Removal or Destruction.

8.25.130 Noncompliance with Order; Contempt; Additional Penalty

8.25.140 Severability.

8.25.010. Title This article shall be known as the Trinity County Genetically Engineered Organisms Ordinance.

8.25.020. Findings and Purpose It is necessary, in the county, to protect our agricultural industry, our natural environment, the private property rights of our citizens, and the health and safety of our people by restricting the introduction into our county of genetically engineered crops, livestock and other organisms. Genetically engineered life forms and products are being developed with precipitous speed, and have been introduced into the marketplace before the potential risks and long-term effects of these products have been studied. Many companies and foreign markets do not accept genetically engineered food products, so the danger of contaminating and thereby reducing the value of neighboring crops by genetically engineered crops creates a serious economic threat to farmers and ranchers. The impact on our natural environment from genetically engineered organisms and contamination from such is unpredictable, ultimately uncontrollable, and has received little study. For all of these reasons, the propagation, cultivation, raising, and growing of genetically engineered organisms in Trinity County constitutes a public nuisance under Chapter 8.64 of the Trinity County Code, and shall not be deemed legitimate agricultural operations.

8.25.030. Prohibitions It is unlawful for any person to propagate, cultivate, raise, or grow genetically engineered organisms in Trinity County, and any act in violation of this provision is declared to constitute a public nuisance.

8.25.040. Definitions

(a) "Genetically engineered organism" means an organism or the offspring of an organism the DNA of which has been altered or amended through genetic engineering. Such organisms are also sometimes referred to as "genetically modified organisms" or "GMOs".

(b) "Genetic engineering" means altering or amending DNA using recombinant DNA technology such as gene deletion, gene doubling, introducing a foreign gene, or changing the position of genes, and includes cell fusion, microencapsulation, macroencapsulation, gene splicing, and other similar processes. Genetic engineering does not include traditional selective breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture.

(c) "DNA" means deoxyribonucleic acid, the material naturally found within living cells which contains the genetic code

and transmits hereditary patterns.

(d) "Organism" means any living thing, exclusive of human beings and human fetuses.

(e) "Commissioner" means the Agricultural Commissioner of Trinity County.

(f) "Person" means an individual, partnership, corporation, or organization of any kind.

8.25.050. Violation _ Penalties Any person who violates the provisions of this Ordinance shall be guilty of a misdemeanor. The person shall be deemed to be guilty of a separate offense for each and every day a violation of this Ordinance is committed, continued or permitted. Further, and in addition to the above penalties, said person shall be civilly liable for damages in an amount not to exceed five thousand dollars for each day in which such violation occurs.

8.25.060. Nuisance _ Remedies It is declared that any propagation, cultivation, raising or growing of genetically engineered organisms is a public nuisance and the county may cause proceedings to be brought to abate or otherwise remedy the nuisance.

8.25.070. Enforcement

(a) The Agricultural Commissioner is hereby designated to enforce this Ordinance and may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this Ordinance.

(b) Whenever the Commissioner has reason to suspect a violation of this provision, he or she shall give notice to the person alleged to be responsible for the violation, for a hearing to be set no less than 14 days, and no more than 21 days from the date of notice. Five days prior to the date set for hearing, the suspected violator shall submit to the Commissioner any documentary evidence the person would like to have considered in the person's defense.

(c) The Commissioner shall serve as the hearing officer regarding whether probable cause exists to believe that a violation of this ordinance has occurred, and shall make a decision no later than 15 days after the hearing.

(d) Upon final determination that there is probable cause to believe that there has been a violation of this Ordinance, the Commissioner shall immediately thereafter cause to be confiscated for the public safety any such organisms as are determined to have been propagated, cultivated, raised or grown in violation of this Ordinance, and shall take such other measures as the Commissioner may deem necessary or appropriate to (1) prevent human or animal consumption of the genetically engineered organisms or any products derived from the genetically engineered organisms, (2) prevent contamination of the gene pool by genetic material from the genetically engineered organism, and (3) ameliorate any other harmful effects which might result from the violation.

(e) Any person or persons knowingly and willfully responsible for a violation of this Ordinance shall be responsible for administrative and abatement costs. Costs of enforcement shall not be imposed upon any person whose violation is not knowing or willful.

(f) The provisions of this Ordinance are cumulative, and nothing in this Ordinance affects any other remedies any individual or government entity may have against any person resulting from a violation of this Ordinance.

8.25.080. Abatement of Immediate Hazard If, after service of the notice pursuant to this Chapter, the Commissioner determines that the nuisance constitutes an immediate hazard to adjoining or nearby property, and that great or irreparable injury would result from delay until expiration of the time required by law for constructive notice, he or she may forthwith abate the nuisance by eradicating, controlling, or destroying the organism.

8.25.090. Abatement of Nuisance If the Commissioner determines by inspection that there is a condition arising from a violation of this Ordinance which constitutes a nuisance, he or she shall make a report of his inspection to the district attorney or to the county counsel. The Commissioner in the report shall do all of the following:

(a) State that the property owner has been notified.

(b) Describe the property upon which the nuisance exists.

(c) Name the genetically engineered organism or related condition which in his opinion is dangerous to the agriculture of the county.

(d) State, if his or her findings justify such a statement, that the removal or destruction of the genetically engineered organism will provide the best means for the elimination of the menace to the agriculture of the county.

8.25.100. Petition for Abatement of Nuisance Whenever the district attorney or county counsel (if county counsel is authorized by the Board of Supervisors to proceed) receive a report from the Commissioner, he or she shall, on the basis of the report, prepare a petition, and order to show cause why the condition should not be abated, to the Superior Court of Trinity County, praying for an order to remove or destroy the genetically modified organism or related condition. Service of the petition and order to show cause shall be by personal delivery or other means authorized by the Code of Civil Procedure for service of summons.

8.25.110. Hearing on Petition and Order to Show Cause On the day on which the order to show cause is set for hearing, the court shall hear the cause and decide whether or not the genetically engineered organisms or related conditions shall be destroyed or removed. The hearing shall have precedence over all matters other than injunctions, older matters of the same character, and matters which are otherwise given precedence by law.

8.25.120. Order for Removal or Destruction If the court is satisfied that the removal or destruction of the genetically engineered organism or related condition is necessary and essential for the welfare of the agriculture of the county, it shall order the removal or destruction, within a certain time, of said organism or condition.

The order shall specify the organism or condition to be removed or destroyed and shall state the date by which said removal or destruction shall be completed.

If the order is not complied with within the time which is specified in the order, the Commissioner shall cause the removal or destruction of the genetically engineered organism or related condition which is mentioned in the order.

The Commissioner shall keep an account of the cost of the removal or destruction. The cost and expense of such removal or destruction shall be a cost charged to the party violating this Ordinance. This penalty is in addition to any other penalty which is provided for in this Ordinance.

8.25.130. Noncompliance with Order; Contempt; Additional penalty Any person who fails to comply with any lawful order of the court which is made and served pursuant to the provisions of this Article is in contempt of court and shall be punished accordingly. The punishment is in addition to any other penalty which is provided for in this Ordinance.

8.25.140. Severability The provisions of this Ordinance are severable. If any provision of this Ordinance or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Chapter 8.28

MUDDYING STREAMS

Sections:

8.28.010 Prohibited acts.

8.28.020 Nuisance declared.

8.28.030 Violation.

8.28.010 Prohibited acts It shall be unlawful for any person, firm or corporation, between July 1st and November 30th, both dates inclusive, of each year, to muddy or roil, or do any act which, independently, or which taken in conjunction with the act or acts of others, muddies or roils the waters of the Trinity River or of any tributary thereto, so as to affect the clarity thereof. The clarity of the waters of the Trinity River shall be deemed to be affected when the water at a point one mile or more down-stream from any mining or other operation shall have a turbidity greater than twenty parts per million. The clarity of the waters of any tributary of the Trinity River shall be deemed to be affected when the water at a point three miles or more downstream from any mining or other operation shall have a turbidity greater than twenty parts per million. (Ord. 186 §1, 1947)

8.28.020 Nuisance declared Any structure or contrivance which causes or contributes, in whole or in part, to the conditions prohibited by this chapter, is a public nuisance, and any persons, firm or corporation maintaining or permitting the same shall be guilty of maintaining a public nuisance. (Ord. 186 §2, 1947)

8.28.030 Violation Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor. (Ord. 186 §3, 1947)

Chapter 8.30

FIRE SAFE ORDINANCE

Sections:

Article I. Administration

8.30.010 Title.

8.30.020 Purpose.

8.30.030 Scope.

8.30.040 Applicability.

8.30.050 Definitions.

8.30.060 Inspection authority.

8.30.070 Inspections.

8.30.080 Exceptions to standards.

8.30.090 Requests for exceptions.

8.30.100 Appeals.

8.30.110 Distance measurements.

8.30.120 Maintenance of defensible space measures.

Article II. Emergency Access

8.30.130 Intent.

8.30.140 Road width.

8.30.150 Roadway surface.

8.30.160 Roadway grades.

8.30.170 Roadway radius.

8.30.180 Roadway turnarounds.

8.30.190 Roadway turnouts.

8.30.200 Roadway structures.

8.30.210 One-way roads.

8.30.220 Dead-end roads.

8.30.230 Driveways.

8.30.240 Gate entrances.

Article III. Signing and Building Numbering

8.30.250 Intent.

8.30.260 Size of letters, numbers and symbols for street and road signs.

8.30.270 Visibility and legibility of street and road signs.

8.30.280 Height of street and road signs.

8.30.290 Names and numbers on street and road signs.

8.30.300 Intersecting roads, streets and private lanes.

8.30.310 Signs identifying traffic access limitations.

8.30.320 Installation of road, street and private lane signs.

8.30.330 Addresses for buildings.

8.30.340 Size of letters, numbers and symbols for addresses.

8.30.350 Installation, location and visibility of addresses.

Article IV. Emergency Water Standards

8.30.360 Intent.

8.30.370 Application.

8.30.380 General standards.

8.30.390 Hydrant/fire valve.

8.30.400 Signing of water sources.

Article V. Fuel Modification Standards

8.30.410 Intent.

8.30.420 Setback for structure defensible space.

8.30.430 Disposal of flammable vegetation and fuels.

8.30.440 Greenbelts.

Article I. Administration

8.30.010 Title These regulations shall be known as the "Trinity Fire Safe Regulations" and shall constitute the basic wildland fire protection standards of the county. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.020 Purpose These regulations have been pre-pared and adopted for the purpose of establishing minimum wildfire protection standards in conjunction with building, construction and development in Trinity County. The future design and construction of structures, subdivisions and developments in the county shall provide for basic emergency access and perimeter wildfire protection measures as specified in the following articles. These measures shall provide for emergency access; signing and building numbering; private water supply reserves for emergency fire use; and vegetation modification. The fire protection standards which follow shall specify the minimum standards for such measures. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.030 Scope These regulations do not apply to existing structures, roads, streets and private lanes or facilities. These regulations shall apply as appropriate to all construction within the county approved after January 1, 1992. Affected activities include but are not limited to:

A. Permitting or approval of new parcels, excluding lot line adjustments as specified in Government Code (GC) Section 66412(d);

B. Application for a building permit for new construction, not relating to existing structure;

C. Application for a use permit;

D. The siting of manufactured homes (manufactured homes are as defined by the National Fire Protection Association, National Fire Code, Section 501A, Standard for Fire Safety Criteria for Manufactured Home Installations, Sites and Communities, Chapter 1, Section 1—2, Definitions, page 4, 1987 edition and Health and Safety Code Sections 18007, 18008, and 19971);

E. Road construction, including construction of a road that does not currently exist, or extension of an existing road.

Exemption: Roads required as a condition of tentative parcel maps prior to the effective date of the ordinance codified in this chapter; roads for agricultural or mining use solely on one ownership; and roads used solely for the management and harvesting of wood products. (Ord. 1162 §1 Exh. A(part), 1991).

8.30.040 Applicability This chapter shall be applied as follows:

A. Local jurisdictions shall provide CDF's designated representative with notice of applications for building permits, tentative parcel maps, tentative maps, and use permits for construction or development within the county.

B. CDF's designated representative shall review and make fire protection recommendations on applicable construction or development permits or maps provided by the county.

C. The county shall ensure that the applicable sections of this chapter shall become a condition of approval of any applicable construction or development permit or map. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.050 Definitions For the purposes of this chapter:

A. "Accessory building" means any building used as an accessory to residential, commercial, recreational, industrial, or educational purposes as defined in the California Building Code, 1989 Amendments, Chapter 11, Group M, Division 1, occupancy that requires a building permit.

B. "Agriculture" means land used for agricultural purposes as defined in local jurisdiction's zoning ordinances.

C. "Building" means any structure used or intended for supporting or sheltering any use or occupancy that is defined in the California Building Code, 1989 Amendments; Chapter 11, except Group M, Division 1, Occupancy. For the purposes of this subchapter, building includes mobile homes and manufactured homes, churches, and day care facilities.

D. "CDP" means California Department of Forestry and Fire Protection.

E. "Dead-end road" means a road that has only one point of vehicular ingress/egress, including cul-de-sacs and looped roads.

F. "Defensible space" means the area within the perimeter of a parcel, development, neighborhood or community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching wildfire or defense against encroaching wildfires or escaping structure fires. The perimeter as used in this regulation is the area encompassing the parcel or parcels proposed for construction and/or development, excluding the physical structure itself. The area is characterized by the establishment and maintenance of emergency vehicle access, emergency water reserves, street names and building identification, and fuel modification measures.

G. "Development" means as defined in Section 66418.1 of the California Government Code.

H. "Driveway" means a vehicular access that serves no more than two buildings, with no more than three dwelling units on a single parcel, and any number of accessory buildings.

I. "Dwelling unit" means a building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and/or sanitation for not more than one family.

J. "Exception" means an alternative to the specified standard requested by the applicant that may be necessary due to health, safety, environmental conditions, physical site limitations or other limiting conditions such as recorded historical sites, that provides mitigation of the problem.

K. "Fire valve" see "hydrant."

L. "Fuel modification area" means an area where the volume of flammable vegetation has been reduced, providing reduced fire intensity and duration.

M. "Greenbelts" means a facility or land use, designed for use other than fire protection, which will slow or resist the spread of a wildfire. Includes parking lots, irrigated or landscaped areas, golf courses, parks, playgrounds, maintained vineyards, orchards or annual crops that do not cure in the field.

N. "Hammerhead/T" means a roadway that provides a "T" shaped, three-point turnaround space for emergency equipment, being no narrower than the road that serves it.

0. "Hydrant" means a valved connection on a water supply/storage system, having at least one two and one-half inch outlet, with male American National Fire Hose Screw Threads (NH) used to supply fire apparatus and hoses with water.

P. "Occupancy" means the purpose for which a building, or part thereof, is used or intended to be used.

Q. "One-way road" means a minimum of one traffic lane width designed for traffic flow in one direction only.

R. "Roads," "streets," "private lanes" means vehicular access to more than one parcel; access to any industrial or commercial occupancy; or vehicular access to a single parcel with more than two buildings or four or more dwelling units.

S. "Roadway" means any surface designed, improved, or ordinarily used for vehicle travel.

T. "Roadway structures" means bridges, culverts, and other appurtenant structures which supplement the roadway bed or shoulders.

U. "Same practical effect" as used in this chapter, means an exception or alternative with the capability of applying accepted wildland fire suppression strategies and tactics, and provisions for firefighter safety, including:

1. Access for emergency wildland fire equipment;

2. Safe civilian evacuation;

3. Signing that avoids delays in emergency equipment response;

4. Available and accessible water to effectively attack wildfire or defend a structure from wildfire; and

5. Fuel modification sufficient for civilian and firefighter safety.

V. "Shoulder" means the roadbed or surface adjacent to the traffic lane.

W. "State responsibility area (SRA) " means as defined in Public Resources Code Sections 4126—4127; and the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Article 1, Sections 1220—1220.5.

X. "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Y. "Subdivision" means as defined in Section 66424 of the Government Code.

Z. "Traffic lane" means a portion of a roadway that provides a single line of vehicle travel.

AA. "Turnaround" means a roadway, unobstructed by parking, which allows for a safe opposite change of direction for emergency equipment. Design of such area may be a hammerhead/T or terminus bulb.

BB. "Turnouts" means a widening in a roadway to allow vehicles to pass.

CC. "Vertical clearance" means the minimum specified height of a bridge or overhead projection above the road-way.

DD. "Wildfire" means as defined in Public Resources Code Sections 4103 and 4104. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.060 Inspection authority

A. Inspection shall be made pursuant to Section 8.30.070 by:

1. CDF's designated representative;

2. Special districts that have assumed state fire protection responsibility on SRA lands; or

3. Trinity County where these regulations have been implemented through that jurisdiction's building permit or subdivision approval process.

B. Reports of violations shall. be provided to the CDF office in Weaverville. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.070 Inspections The inspection authority will inspect for compliance with these regulations. When inspections are conducted, they should occur prior to: the issuance of the use permit; certificate of occupancy; the recordation of the parcel map or final map; the filing of a notice of completion; or the final inspection of any project or building permit. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.080 Exceptions to standards Upon request by the applicant, exceptions to standards within this chapter and mitigated practices may be allowed by the inspection authority, where the exception provides the same overall practical effect as these regulations towards providing defensible space. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.090 Requests for exceptions Requests for an exception shall be made in writing to the inspection authority by the applicant or the applicant's authorized representative. The request shall state the specific section(s) for which an exception is requested, material facts supporting the contention of the applicant, the details of the exception or mitigation measure proposed, and a map showing the proposed location and siting of the exception or mitigation measure. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.100 Appeals

A. Where an exception is not granted by the inspection authority, the applicant may appeal such denial to the county. The county will utilize an appeal process consistent with existing local building or planning department appeal processes. Before the county makes a determination on an appeal, the inspection authority shall be consulted and shall provide to the county documentation outlining the effects of the requested exception on wildland fire protection.

B. If an appeal is granted, the county shall make findings that the decision meets the intent of providing defensible space consistent with these regulations. Such findings shall include a statement of reasons for the decision.

A written copy of these findings shall be provided to the CDF ranger unit in Weaverville. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.110 Distance measurements All specified or referenced distances are measured along the ground, unless otherwise stated. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.120 Maintenance of defensible space measures To ensure continued maintenance of properties in conformance with these standards and to assure continued avail-ability, access and utilization of the defensible space provided for in these standards during a wildfire, provisions for annual maintenance shall be included in the development plans and/or shall be provided as a condition of the permit, parcel or map approval. (Ord. 1162 §1 Exh. A(part), 1991)

Article III. Emergency Access

8.30.130 Intent Road and street networks, whether public or private, unless exempted under Section 8.30.030(E), shall

provide for safe access for emergency wildland fire equipment and civilian evacuation concurrently, and shall provide unobstructed traffic circulation during a wildfire emergency consistent with this section through Section 8.30.240. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.140 Road width All roads shall be constructed to provide a minimum of two nine-foot traffic lanes providing two-way traffic flow, unless other standards are provided in this article, or additional requirements are mandated by local jurisdictions or local subdivision requirements. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.150 Roadway surface The surface shall provide unobstructed access to conventional drive vehicles, including sedans and fire engines. Surfaces should be established in conformance with local ordinances, and be capable of supporting a forty thousand pound load. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.160 Roadway Grades The grade for all roads, streets, private lanes and driveways shall not exceed six-teen percent. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.170 Roadway radius

A. No roadway shall have a horizontal inside radius of curvature of less than fifty feet and additional surface width of four feet shall be added to curves of fifty to one hundred feet radius; two feet to those from one hundred to two hundred feet.

B. The length of vertical curves in roadways, exclusive of gutters, ditches, and drainage structures designed to hold or divert water, shall be not less than one hundred feet. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.180 Roadway turnarounds Turnarounds are required on driveways and dead-end roads as specified in this article. The minimum turning radius for a turnaround shall be forty feet from the center line of the road. If a hammerhead/T is used, the top of the "T" shall be a minimum of sixty feet in length. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.190 Roadway turnouts Turnouts shall be a mini-mum of ten feet wide and thirty feet long with a minimum twenty-five foot taper on each end. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.200 Roadway structures

A. All driveway, road, street, and private lane roadway structures shall be constructed to carry at least the maximum load and provide the minimum vertical clearance as required by Vehicle Code Sections 35550, 35750, and 35250.

B. Appropriate signing, including but not limited to weight or vertical clearance limitations, one-way road or single lane conditions, shall reflect the capability of each bridge.

C. A bridge with only one traffic lane may be authorized by the local jurisdiction; however, it shall provide for unobstructed visibility from one end to the other and turnouts at both ends. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.210 One-way roads All one-way roads shall be constructed to provide a minimum of one ten-foot traffic lane. The local jurisdiction may approve one-way roads. All one-way roads shall connect to a two-lane roadway at both ends, and shall provide access to an area currently zoned for no more than ten dwelling units. In no case shall it exceed two thousand six hundred forty feet in length. A turnout shall be placed and constructed at approximately the midpoint of each one-way road. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.220 Dead-end roads A. The maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed the following cumulative lengths, regardless of the number of parcels served:

1. Parcels zoned for less than one acre, eight hundred feet;

2. Parcels zoned for one acre to 4.99 acres, one thousand three hundred twenty feet;

3. Parcels zoned for five acres to 19.99 acres, two thousand six hundred forty feet;

4. Parcels zoned for twenty acres or larger, five thousand two hundred eighty feet.

B. All lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its farthest point. Where a dead-end road crosses areas of differing zoned parcel sizes, requiring different length limits, the shortest allow-able length shall apply.

C. Exemptions. In such cases where development is proposed on dead-end roads exceeding these distances, one of the following mitigation measures must be met:

1. A minimum of two thousand five hundred gallons of water available on that parcel for immediate use for fire protection in addition to the maximum daily amount required for domestic needs; or

2. A common water source is utilized specified in 8.30.380;

3. When the standards of the local fire protection district are satisfied and such standards are more restrictive than the county standards and the project is within such a district or its sphere of influence;

4. A site specific water supply system based upon unusual site characteristics that do not lessen the degree of fire protection given and has been deemed acceptable by the designated CDF representative;

5. Where the subject site is located within an existing special district which provides fire protection services when allowed by the district board of directors, the applicant shall pay into a trust account an amount of seven hundred fifty dollars which will be utilized only for the purchase and maintenance of a two thousand five hundred gallon water tender or

equivalent.

D. Where parcels are zoned five acres or larger, turnarounds shall be provided at a maximum of one thousand three hundred twenty foot intervals.

E. Each dead-end road shall have a turnaround constructed at its terminus. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.230 Driveways All driveways shall provide a minimum ten-foot traffic lane and unobstructed vertical clearance of fifteen feet along its entire length.

A. Driveways exceeding one hundred fifty feet in length, but less than eight hundred feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds eight hundred feet, turnouts shall be provided no more than four hundred feet apart.

B. A turnaround shall be provided at all building sites on driveways over three hundred feet in length, and shall be within fifty feet of the building. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.240 Gate entrances

A. Gate entrances shall be at least two feet wider than the width of traffic lane(s) serving that gate.

B. All gates providing access from a road to a drive-way shall be located at least thirty feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on that road.

C. Where a one-way road with a single traffic lane provides access to a gated entrance, a forty foot turning radius shall be used. (Ord. 1162 §1 Exh. A(part), 1991)

Article III. Signing and Building Numbering

8.30.250 Intent To facilitate locating a fire and to avoid delays in response, all newly constructed or approved roads, streets, and buildings shall be designated by names or numbers, posted on signs clearly visible and legible from the roadway. This section shall not restrict the size of letters or numbers appearing on street signs for other purposes. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.260 Size of letters„ numbers and symbols for street road signs Size of letters, numbers, and symbols for street and road signs shall be a minimum of three inch letter height, three-eighths inch stroke, reflectorized, contrasting with background color of the sign. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.270 Visibility and legibility of street and road signs Street and road signs shall be visible from both directions of a vehicle travel for a distance of at least one hundred feet. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.280 Heiqht of street and road signs Height of street and road signs shall be uniform countywide, and meet the visibility and legibility standards of this article. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.290 Names and numbers on street and road signs Newly constructed or approved public and private roads and streets must be identified by a name or number through a consistent and countywide system that provides for sequenced or patterned numbering and/or nonduplicating naming within each county. All signs shall be mounted and oriented in a uniform manner. This section does not require any entity to rename or renumber existing roads or streets, nor shall a roadway providing access only to a single commercial or industrial occupancy require naming or numbering. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.300 Intersectinq roads, streets and private lanes Signs required by this article, identifying intersecting roads, streets or private lanes shall be placed at the intersection of those roads, streets and/or private lanes. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.310 Siqns identifying traffic access limitations A sign identifying traffic access or flow limitations, including but not limited to weight or vertical clearance limitations, dead-end road, one-way road or single lane conditions, shall be placed:

A. At the intersection preceding the traffic access limitation; and

B. No more than one hundred feet before such traffic access limitation. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.320 Installation of road, street and private lane signs Road, street and private lane signs required by this article shall be installed prior to final acceptance by the local jurisdiction of road improvements. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.330 Addresses for buildings All buildings shall be issued an address by the local jurisdiction which conforms to that jurisdiction's overall address system. Accessory buildings will not be required to have a separate address; however, each dwelling unit within a building shall be separately identified. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.340 Size of letters, numbers and symbols for addresses. Size of letters, numbers and symbols for ad-dresses shall be a minimum of three inch letter height, three-eighths inch stroke, reflectorized, contrasting with the background color of the sign. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.350 Installation, location and visibility of addresses

A. All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located.

B. Address signs along one-way roads shall be visible from both the intended direction of travel and the opposite direction.

C. Where multiple addresses are required at a single driveway, they shall be mounted on a single post.

D. Where a roadway provides access solely to single commercial or industrial business, the address sign shall be placed at the nearest road intersection providing access to that site. (Ord. 1162 §1 Exh. A(part), 1991)

Article IV. Emergency Water Standards

8.30.360 Intent Emergency water for wildfire protection shall be available and accessible in quantities and locations specified in the statute and these regulations, in order to attack a wildfire or defend property from a wildfire. Such emergency water may be provided in a fire agency mobile water tender, or naturally occurring or man-made containment structure, as long as the specified quantity is immediately available. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.370 Application The provisions of this article shall apply when new parcels are approved by a local jurisdiction. The emergency water system shall be available on-site prior to completion of road construction, where a community water system is approved, or prior to the completion of building construction, where an individual system is approved. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.380 General standards

A. Water systems that meet or exceed the standards specified in Public Utilities Commission of California (PUC) revised General Order (Ord. 897 §1(part), 1990)103, Adopted June 12, 1956 (Corrected September 7, 1983, Decision 83-09-001), Section VIII Fire Protection Standards and other applicable sections relating to fire protection water delivery systems, static water systems equaling or exceeding the National Fire Protection Association (NFPA) Standard 1231, "Standard on Water Supplies for Suburban and Rural Fire Fighting," 1989 Edition, or mobile water systems that meet the Insurance Services Office (ISO) Rural Class 8, 2nd Edition 3-80, standard shall be accepted as meeting the requirements of this article. These documents are available at CDF ranger unit headquarters.

B. Nothing in this article prohibits the combined storage of emergency wildfire and structural firefighting water supplies unless so prohibited by local ordinance or specified by the local fire agency.

C. When freeze protection is required, such protection measures shall be provided. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.390 Hydrant /fire valve

A. The hydrant or fire valve shall be eighteen inches above grade, eight feet from flammable vegetation, no closer than four feet nor farther than twelve feet from a roadway, and in a location where fire apparatus using it will not block the roadway.

The hydrant serving any building shall:

1. Be not less than fifty feet not more than one-half mile by road from the building it is to serve; and

2. Be located at a turnout or turnaround, along the driveway to that building or along the road that intersects with that driveway.

B. The hydrant head shall be brass with a two and one-half inch National Hose male thread with cap for pressure and gravity flow systems and four and one-half inch gravity systems. Such hydrants shall be wet or dry barrel as required by the delivery system. They shall have suitable crash protection as required by the local jurisdiction. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.400 Signing of water sources Each hydrant/fire valve or access to water shall be identified as follows:

A. If located along a driveway, a reflectorized blue marker, with a minimum dimension of three inches shall be located on the driveway address sign and mounted on a fire retardant post; or

B. If located on a street or road:

1. A reflectorized blue marker, with a minimum dimesion of three inches, shall be mounted on a fire retardant post. The sign post shall be within three feet of said hydrant/fire valve, with the sign no less than three feet nor greater than five feet above ground, in a horizontal position and visible from a driveway, or

2. As specified in the State Fire Marshal's Guide-lines for Fire Hydrant Markings along State Highways and Freeways, May 1988. (Ord. 1162 §1 Exh. A(part), 1991)

Article V. Fuel Modification Standards

8.30.410 Intent To reduce the intensity of a wildfire by reducing the volume and density of flammable vegetation, the strategic siting of fuel modification and greenbelts shall provide:

A. Increased safety for emergency fire equipment and evacuating civilians; and

B. A point of attack or defense from a wildfire. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.420 Setback for structure defensible space

A. All parcels one acre and larger shall provide a minimum thirty foot setback for buildings and accessory buildings from all property lines and/or the center of a road.

B. For parcels less than one acre, local jurisdictions shall provide for the same practical effect. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.430 Disposal of flammable vegetation and fuels Disposal, including chipping, burying, burning or removal to a landfill site approved by the local jurisdiction, of flammable vegetation and fuels caused by site development and construction, road and driveway construction, and fuel modification shall be completed prior to completion of road construction or final inspection of a building permit. (Ord. 1162 §1 Exh. A(part), 1991)

8.30.440 Greenbelts Subdivisions and other developments, which propose greenbelts as a part of the development plan, shall locate said greenbelts strategically, as a separation between wildland fuels and structures. The locations shall be approved by the inspection authority. (Ord. 1162 §1 Exh. A(part), 1991)

Chapter 8.32

SMOKING IN FIRE HAZARD AREAS

Sections:

8.32.010 Prohibited acts.

8.32.020 When permitted.

8.32.030 Exempt lands.

8.32.040 Violation—Penalty.

8.32.010 Prohibited acts It is unlawful for any person in the county, between the first day of June and the fifteenth day of October of each year, to ignite for the purpose of smoking or to smoke cigars, cigarettes, tobacco, or other materials in any form while in motion within twenty-five feet of any grass, weed, brush, or treecovered areas or any other inflammable materials except buildings, regardless of the ownership status of the land. For the purposes of this section, persons in motion in a motor vehicle on a public highway shall not be in violation of the provisions of this section. (Ord. 190 §1, 1948)

8.32.020 When permitted Igniting or smoking of cigars, cigarettes, tobacco, or other materials in any form in the county between the first day of June and the fifteenth day of October of each year shall be allowed within twenty-five feet of grass, weed, brush, or tree-covered areas and other inflammable materials provided the person igniting for the purpose of smoking cigars, cigarettes, tobacco, or other materials must clear to mineral soil all inflammable material whatsoever for a diameter of three feet and remain within this cleared area until burning tobacco or material is completely extinguished, and provided further that the burning tobacco or material must be extinguished within the cleared areas. (Ord. 190 §2, 1948)

8.32.030 Exempt lands The provisions of this chapter shall not apply to any lands entirely enclosed by a fence; provided, however, that the owner of such fenced lands may post the fenced premises, stating that the same are subject to the provisions of this chapter. (Ord. 190 §3, 1948)

8.32.040 Violation—Penalty Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 190 §4, 1948)

Chapter 8.36

BOATING

Sections:

8.36.010 Title—Intent.

8.36.020 Definitions.

8.36.030 Applicability.

8.36.040 Times of operation.

8.36.050 Speed zones.

8.36.060 Special use areas.

8.36.070 Sanitation and pollution.

8.36.080 Violation—Penalty.

8.36.010 Title—Intent This chapter shall be known as the "Trinity County boating ordinance." It is the purpose of this chapter to establish time of day restrictions, speed zones, special use areas, and sanitation and pollution control on the navigable waters of the county. (Ord. 263 §1, 1961)

8.36.020 Definitions

A. "Houseboat" means any watercraft equipped with cooking or sleeping facilities.

B. "Navigable waters" means all public waters in the county, including river, stream, lake or reservoir or other body of water.

C. "Person" includes any individual, firm, partnership, corporation, company or association, except the United States, the state of California and the county of Trinity, and includes any agent, trustee, or other representative thereof.

D. "Toilet" means any container, device or other object used to receive or contain human waste.

E. "Watercraft" means every description of craft or other contrivance used or capable of being used as a means of transportation or recreation in or on waters. (Ord. 263-3 §l, 1974; Ord. 263 §2, 1961)

8.36.030 Applicability The provisions of this chapter shall be applicable to all watercraft as defined in the Harbors and Navigation Code of the state, and administrative regulations promulgated thereunder, on all waterways of the county. The provisions of this chapter shall be construed to supplement federal and state laws. (Ord. 263 §3, 1961)

8.36.040 Times of operation

A. No person shall operate a watercraft during the hours between one-half hour after sunset and one-half hour before sunrise at a speed in excess of ten miles per hour.

B. No motorboat shall have in tow or shall otherwise be assisting a person on water skis, surfboard or similar contrivance from the period of sunset to sunrise; provided, that this subsection shall not apply to motorboats used in duly authorized water-ski tournaments, competitions, expositions or trials therefor. (Ord. 263 §4, 1961)

8.36.050 Speed zones

A. No person shall operate a watercraft within any area designated by the board of supervisors of the county from time to time as a speed zone at a speed in excess of the posted maximum. Such speed zones shall be effective when signs are in place upon the shore or upon floats or buoys in the areas designated as speed zones, said signs to be not less than sixteen square feet in area with black numerals (not less than eighteen inches high, nor less than eighteen picas wide) showing maximum speed limit. The numerals shall be upon a white background.

B. It shall be the duty of the sheriff of the county to report from time to time, in writing, to the board of supervisors with recommendations as to speed zones to be established in various areas upon the navigable waters of the county. A copy of such report shall be sent to the planning commission for consideration and a report of any recommendations by the commission. Upon the establishment of speed zones by the board of supervisors, it shall be the duty of the sheriff to post the speed notices prescribed in subsection A of this section in places where such notice would be clearly visible to any person operating watercraft approaching such speed zones.

C. The sheriff may, from time to time, establish emergency speed zones without prior approval of the board of supervisors when such establishment is necessary for the immediate protection of life or property. Such emergency designation must be submitted to the board of supervisors at their next regular meeting following the emergency designation for approval and ratification unless the emergency has passed, and the restriction removed, prior to such meeting.

D. No person shall operate any watercraft on the waters of the Trinity River, between Cedar Flat Bridge and Old Lewiston Bridge, at a speed greater than five miles per hour. (Ord. 1075 §1, 1985; Ord. 263 §5, 1961)

8.36.060 Special use areas No person shall operate a watercraft within any area designated by the board of supervisors from time to time as a special use area in a manner contrary to the restricted use. Such special use areas shall be effective when signs are in place upon the shore or-upon floats or buoys in the areas designated as special use areas, said signs to be not less than sixteen square feet in area with black numerals (in not less than twenty-four line high letters, a minimum of six picas wide) showing the restricted use, said letters or numerals to be upon a white background. (Ord. 263 §6, 1961)

8.36.070 Sanitation and pollution

A. No person shall dump human or animal waste, motor oil, garbage, trash of any other debris into the waters of the county.

B. No person shall maintain or operate in or upon the navigable waters of any lake, reservoir or other freshwater impoundment of the county any houseboat, unless such water-craft is equipped with a toilet sealed or designed so that no human waste can be discharged into such waters.

C. Houseboats will be inspected yearly by a person designated by the county board of supervisors prior to May 31st, to insure compliance with subsection B of this section. A tag, decal or sticker will be issued to those houseboats found in compliance and will be affixed to the left rear corner of the houseboat. All houseboats coming within the scope of this chapter will be subject to periodic check at the discretion of a person appointed by the board of supervisors.

D. The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited. (Ord. 263-3 §2, 1974: Ord. 263 §7, 1961)

8.36.080 Violation—Penalty Any person who violates any provision of this chapter shall be guilty of a misdemeanor and punishable by imprisonment in the county jail for a term not to exceed six months, or by a fine not exceeding five hundred dollars or by both such fine and imprisonment. (Ord. 263 S8, 1961)

Chapter 8.40

FISHING ACCESS AND DAY USE AREAS

Sections:

8.40.010 Title.

8.40.020 Definitions.

8.40.030 Restricted areas.

8.40.040 Length of stay.

8.40.050 Sanitation.

8.40.060 Operation of vehicles.

8.40.070 Prohibited acts.

8.40.080 Violation—Penalty.

8.40.010 Title This chapter shall be known as the "Trinity County fishing access and day use ordinance." (Ord. 382-1 §1(part), 1981: Ord. 382 §1(a), 1981)

8.40.020 Definitions

A. "Camping" means the temporary use of land located within public fishing access land for the purpose of overnight occupancy.

B. "Camping equipment" means the personal property used in or suitable for camping, and includes any vehicle and all personal property.

C. "Night" means those hours beginning at ten p.m. and ending at seven a.m.

D. "Person" means natural person, corporation, company,

partnership, trust, firm, or association of persons. (Ord. 382 §2, 1981)

8.40.030 Restricted areas All county property located within the county is designated Fishing Access and/or Day Use Only, unless otherwise designated. (Ord. 12.21-2 Si, 1981: Ord.382-1 §1(part), 1981: Ord. 382 §1(b), 1981)

8.40.040 Length of stay No persons shall:

A. Use the public fishing access land for camping;

B. Reside, remain or park during any posted hours established by resolution of the board of supervisors. (Ord. 382 §3, 1981)

8.40.050 Sanitation No person shall:

A. Deposit refuse, trash, rubbish or waste in any waters contiguous to or anywhere on the grounds of public fishing access land. Persons shall place such refuse or trash in proper receptacles where they are provided. Where such receptacles are not so provided, all such materials shall be carried away from the area by the person responsible for its presence and properly disposed of elsewhere;

B. Bring or deposit any refuse or trash, not generated by use or activities related to the use of the public access fishing land for disposal thereon. (Ord. 382 §4, 1981)

8.40.060 Operation of vehicles No person shall:

A. Place a vehicle or other object in such a manner that it is an impediment or hazard to the safety or convenience of any person;

B. Block, restrict or otherwise interfere with the use of any road, trail or access. (Ord. 382 §5, 1981)

8.40.070 Prohibited acts No person shall:

A. Mutilate, deface, remove, disturb, injure or destroy any natural features or any property of Trinity County;

B. Abandon a vehicle, animal, or any item of personal property;

C. Post, place or erect any paper, notice, advertising material, sign or similar matter without specific approval for same from the board of supervisors. (Ord. 382 §6, 1981)

8.40.080 Violation—Penalty It shall be unlawful for any person, firm, group or association to violate any provisions of this chapter. Any violation thereof shall constitute and be a misdemeanor and shall be punishable by a fine of five hundred

dollars or by confinement in the county jail up to six months, or by both fine and confinement. Each separate violation of this chapter shall constitute a separate offense. (Ord. 382 §7, 1981)

Chapter 8.44

EWING LAKE RECREATION AREA

Sections:

8.44.010 Use regulations.

8.44.020 General regulations.

8.44.030 Vehicle use regulations.

8.44.040 Violation—Penalty.

8.44.010 Use regulations

A. The reservoir, onshore recreation facilities, and recreation area shall be available to the general public for recreational use without regard to race, color or creed.

B. The reservoir and picnic area shall be closed to every unauthorized person during the hours from one hour after sunset to one hour before sunrise.

C. The dam, reservoir, onshore recreation facilities and recreation area shall be operated in compliance with all laws, regulations, orders, and other lawful directives of the state and of local agencies pertaining to public health and safety.

D. No overnight camping shall be permitted.

E. The number of persons using the recreation facilities and area shall not exceed the number the health department deems proper. (Ord. 332 §1, 1972)

8.44.020 General regulations No person shall, without permission of the district, within the Ewing Lake Recreation Area:

A. Swim, bathe or engage in any other water-contact sports;

B. Operate any type of boat or raft;

C. Molest, injure, kill or remove any flora or fauna, or disturb its habitat;

D. Deface anything in any way, including fastening to any object any advertising or inscriptions;

E. Dig up or remove any natural thing;

F. Place or leave any trash, except in a receptacle , provided for that purpose;

G. Build a fire any place but in those fireplaces provided for that purpose;

H. Possess, discharge or set off, over, onto or through the Ewing Lake Recreation Area any firearms, fire-crackers, torpedoes, rockets or other explosives or fire-works;

I. Permit or allow any domestic animal to be within the Ewing Lake Recreation Area unless the same shall at all times be under the actual and physical control of the owner or person having custody;

J. Engage in soliciting, selling or peddling any goods or services or to distribute any circulars;

K. Clean any fish or leave any fish entrails, or other remains, in the lake. (Ord. 332 §2, 1972)

8.44.030 Vehicle use regulations No person shall within the Ewing Lake Recreation Area:

A. Operate any motor vehicle except upon district roads and parking lots unless otherwise approved by the district;

B. Park and leave unattended any vehicle in areas other than those designated for parking. Vehicles left unattended in areas not so designated, or in other areas without permission, may be towed away and stored by the district and the removal and storage costs shall be charged to and paid by the owner prior to release;

C. Operate any motor vehicle without a muffler system conforming to the provisions of the California Vehicle Code. (Ord. 332 §3, 1972)

8.44.040 Violation—Penalty Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment. (Ord. 332 (part), 1972)

Chapter 8.48

JUNCTION CITY RIFLE RANGE

Sections:

8.48.010 Title—Intent.

8.48.020 Prohibited acts.

8.48.030 Violation—Penalty.

8.48.010 Title—Intent This chapter shall be known as the "Junction City rifle range ordinance." It is declared to be the intent of this chapter to establish regulations governing the use of the Junction City rifle range. (Ord. 351 §1, 1975)

8.48.020 Prohibited acts

A. It shall be unlawful to throw, drop, place or deposit any waste matter of any kind or nature on the premises belonging to the county known as the Junction City rifle range.

B. It shall be unlawful to wilfully injure or destroy any real or personal property on such range.

C. It shall be unlawful to use, set up, shoot, or fire at any bottles or cans. (Ord. 351 §2, 1975)

8.48.030 Violation—Penalty Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and punishable by imprisonment in the county jail for a term not to exceed thirty days, or by a fine not exceeding five hundred dollars or by both such fine and imprisonment. (Ord. 351 §3, 1975)

Chapter 8.52

BREAKABLE GLASS CONTAINERS IN LOWDEN PARK

Sections:

8.52.010 Title—Purpose.

8.52.020 Definitions.

8.52.030 Hours.

8.52.040 Vehicles.

8.52.050 Sound amplification.

8.52.060 Prohibited acts.

8.52.070 Restrictions.

8.52.080 Violations—Penalty.

8.52.010 Title—Purpose This chapter shall been known as the "parks ordinance." The purpose of this chapter to establish rules and regulations for Hayfork Park, Junction City Park and Lowden Park. (Ord. 1225 §1(part), 1999)

8.52.020 Definitions As used in this chapter:

A. "Board'" means the board of supervisors of the county of Trinity;

B. "Day" means those hours beginning at six a.m. and ending at eleven p.m.;

C. "Person" means natural person, corporation, company, partnership, trust, firm, or association of persons;

D. "Vehicle" means any motor vehicle as defined in California Vehicle Code Section 670;

E. "Park(s)" includes Hayfork Park, Lowden Park, and Junction City Park. (Ord. 1225 §1(part), 1999)

8.52.030 Hours The hours for the parks are established from six a.m. to eleven p.m. No person shall remain before or after the established hours without specific approval for same from the general services director. (Ord. 1225 §1(part), 1999)

8.52.040 Vehicles No person shall place, drive, or operate any motor vehicle including automobiles, trucks, recreational vehicles, motorcycles, or motorscooters, with-in the posted boundaries of the parks without specific approval for same from the general services director. (Ord. 1225 §1(part), 1999)

8.52.050 Sound amplification The director of general services may establish reasonable restrictions on the requested use of the sound amplification equipment, and violation of any one or more of such conditions shall be cause for immediate revocation of the permit to use sound amplification in the parks. Determinations of violation may be made by the director of general services, his deputized agent, or any police office, and the decision shall not be subject to administrative appeal. (Ord. 1225 §1(part), 1999)

8.52.060 Prohibited acts No person shall:

A. Litter, mutilate, deface, remove, disturb, injure or destroy any natural features or any property of the parks;

B. Abandon a vehicle, animal or any item of personal property on park property;

C. Post, place or erect any paper, notice, advertising material, sign or similar matter without specific approval for same from the general services directors;

D. Any use of breakable glass containers, including water, beer, and pop bottles shall be prohibited from the parks;

E. Use of county swimming pools after posted operational hours shall not be allowed without specific approval for same from the general services director;

F. Animals. No person shall bring into the boundaries of the parks any:

1. Horse, unless contained in the rodeo arena,

2. Dog, unless such dog is restrained by a leash and is attended to by its owner,

3. Other animals not named in this section;

G. No changes or additions to the facilities, equipment or structures are allowed without the approval of the general

services director. (Ord. 1225 §1(part), 1999)

8.52.070 Restrictions The general services director may place restrictions and/or conditions, including, but not limited to: clean-up, hours of use, method of supervision and insurance and charges for the use of park grounds, facilities and swimming pools. The conditions must first be met before and the restrictions must be complied with during the use of the parks. (Ord. 1225 §1(part), 1999)

8.52.080 Violations—Penalty Unless otherwise provided, any person violating any provision of this chapter shall be guilty of an infraction and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars and shall be required to pay restitution as determined by the court. (Ord. 1225 §1(part), 1999)

Chapter 8.60

TRINITY COUNTY WATER QUALITY CONTROL ORDINANCE

Sections:

8.60.010 Title.

8.60.020 Definitions.

8.60.030 Enactment and purpose.

8.60.040 Incorporation of Task Force recommendations.

8.60.050 Necessity of regulations.

8.60.060 Prohibited acts designated.

8.60.070 Violation—Penalty.

8.60.080 Nuisance—Remedies.

8.60.090 Variance—Generally.

8.60.100 Variance—Application.

8.60.110 Variance—Hearing.

8.60.120 Variance—Action by commission.

8.60.130 Variance—Hearings and appeals.

8.60.140 Variance—Appeal—Withdrawal.

8.60.150 Variance—Issuance.

8.60.160 Variance—Termination.

8.60.170 Variance—Revocation.

8.60.010 Title This chapter shall be known as the "Trinity County Water Quality Control Ordinance." (Ord. 1072 §1(part), 1985)

8.60.020 Definitions

A. "Board" means the board of supervisors of the county of Trinity.

B. "Person" means any individual, group, organization, corporation, agency, or partnership whether as principal, agent, employee, or otherwise, and includes any city, county, district, the state or any department or agency thereof. "Person" also includes the United States, to the extent authorized by federal law.

C. "Controllable water quality activities" are those actions, conditions, or circumstances resulting from human activities, that may influence the quality of the waters of the state, and that may be reasonably controlled. Existing natural, not reasonably controllable factors resulting in water quality below levels or limits established as water quality objectives will not be considered controllable water quality activities. Reasonably controllable factors shall not cause further degradation of water quality.

D. "Human activity" includes the following operations: construction, farming, forestry, industrial, logging, mining, marinas, power generation, ranching, recreation, road building, road maintenance, septic systems, sewage treatment, transportation, and water treatment. It does not include acts of God, natural disasters, or acts of war.

E. "Nondegradation" is defined as prohibiting polluting substances from entering waters due to human activities beyond the level or limits established as water quality objectives.

F. "Polluting substances" includes chemicals applied to land or vegetation thereon for whatever purpose, industrial waters and any and all other waste substance, liquid, solid, gaseous, radioactive, or chemicals from any producing, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature prior to, and for purposes of, disposal.

G. "Detectable discharge" means discharge as detected by state of the art laboratory analysis or observation of an act that gives reasonable and probable cause to believe that a measurable discharge occurred, or by physical evidence such as taste, smell, discolored water, damaged aquatic organisms, wildlife or vegetation.

H. "Measurable" means the amount that would have been detected by state of the art laboratory analysis. (Ord. 1072 §1(part), 1985)

8.60.030 Enactment and purpose This chapter is enacted pursuant to California Water Code Section 13002(a). This chapter is to be read and enforced in a manner, offering no less protection than the California Water Code Section 13000 et seq., or the regulations of the North Coast Regional Water Quality Control Board. Further, this chapter is not meant to conflict with or to contradict any other law or regulation of the state of California or of the United States. (Ord. 1072 §l (part) , 1985)

8.60.040 Incorporation of Task Force recommendations This chapter incorporates fully by this reference the Trinity County Water Quality Task Force recommendations, attached to Ordinance 1072 as Exhibit A and as modified as shown on Exhibit B, as though fully set forth in this chapter. The recommendations are incorporated in this chapter for the specific purpose of defining, construing and describing this chapter. (Ord. 1072 §1(part), 1985)

8.60.050 Necessity of regulations The board finds and declares it is necessary to protect the health and welfare of the people of the county by insuring the quality of the waters of the state which originate in or flow through the county. It is further necessary to insure the water quality of watersheds and water supply areas in the county. Insurance of water quality mentioned in this section means that said waters shall be protected from pollution and degradation resulting from discharge of controllable water quality activities in any detectable amount into said waters by any person. (Ord. 1072 §1(part), 1985)

8.60.060 Prohibited acts designated No use, application, discharge, disposal of any polluting substance or any other controllable water quality activities may be initiated, undertaken, or maintained by any person if said use or activity results in a detectable discharge of polluting sub-stances into the waters of the state located in or flowing through the county. (Ord. 1072 §1(part), 1985)

8.60.070 Violation—Penalty Any person who violates the provisions of this chapter shall be guilty of a misdemeanor. The person shall be deemed to be guilty of a separate offense for each and every day.a violation of this chapter is committed, continued or permitted. Further, and in addition to the above penalties, said person shall be civilly liable in damages in an amount not to exceed five thousand dollars for each day in which such violation occurs. The person causing the degradation activity to the waters of the state in Trinity County shall pay all costs reasonably incurred in causing the degradation activity to cease, in notifying downstream users and in cleaning up of polluting. substances. (Ord. 1072 §1(part), 1985)

8.60.080 Nuisance—Remedies It is declared that any such use, application, discharge, disposal, or other activity as aforesaid which violates any provision of this chapter is a public nuisance and the county may cause proceedings to be brought to abate or otherwise remedy the nuisance.

Any person who conducts activities that cause the waters of the state in the county of Trinity to be degraded will be reported by the health department to the responsible agency(ies). The county health department will notify the appropriate agency and assume the position of responsible agency until such time as the appropriate agency(ies) assumes authority to deal with the activity.

If the responsible agency(ies) to not take appropriate action to stop the degradation activity and notify downstream users who may be affected within a reasonable time period, the county will have the authority to call upon other county departments to assist in stopping the degradation activity, to notify downstream users who may be affected, and to issue abatement or other(s) within the proper jurisdiction of the county. (Ord. 1072 §1(part), 1985)

8.60.090 Variance—Generally A variance from the provisions of this chapter shall be granted only when it is found that:

A. Because of special circumstances (other than monetary hardship) applicable to any particular property, including its size, shape, topography, location or surroundings, the strict application of the provisions of this chapter generally deprive such property of privileges (not including the privilege of maintaining a nonconforming use or status) enjoyed by other property in the vicinity and in an identical zoning district; and

B. The grant of variance will not constitute a special privilege inconsistent with the limitation upon other properties in the vicinity and the zoning district in which the property is situated; and

C. The grant of variance will not be detrimental to the public welfare or injurious to property or improvements . in the area in which the property is located; and

D. The grant of variance will not be in conflict with established general and specific plans and policies of the county. (Ord. 1091 §1(part), 1987)

8.60.100 Variance—Application

A. Applications for variance shall be made in writing by the property owner, lessee, purchaser and escrow power, optionee with written consent of the owner, or by a public utility company or other agency with the powers of eminent domain, on a form provided by the planning director. The application shall be accompanied by a fee as set forth in a resolution adopted by the board of supervisors; and contain evidence showing that:

1. The granting of the variance will not be contrary to the intent of this chapter or to the public health, safety and welfare; and

2. Due to special conditions or exceptional characteristics of the property or its location, the strict application of the

provisions of this chapter would result in practical difficulties and unnecessary hardships.

B. If the commission finds all of the qualifications under Section 8.60.090, the commission may grant all or part of the variance sought. (Ord. 1091 §1(part), 1987)

8.60.110 Variance—Hearing Public hearings shall be held on any application for a variance in a manner prescribed by Section 34 of the zoning ordinance. (Ord. 1091 §1(part), 1987)

8.60.120 Variance—Action by commission The action by the commission by any application for variance shall be in the manner prescribed by Section 31 of the zoning ordinance. (Ord. 1091 §1(part), 1987)

8.60.130 Variance—Hearings and appeals The procedure regarding hearings before the commission and appeals to the board of supervisors shall be conducted in a manner prescribed by Section 34 of the zoning ordinance. (Ord. 1091 §1(part), 1987)

8.60.140 Variance—Appeal—Withdrawal Any person who files an appeal of any decision rendered under any of the procedures included in this chapter may withdraw his appeal in accordance with the following rules:

A. All withdrawals shall be in writing and signed by all persons who signed the appeal;

B. Any appeal may be withdrawn by the appellant prior to the giving of notice of hearing on appeal with the consent of the board of directors, who shall have the discretion to withhold such consent if a majority of the board of directors are of the opinion that the withdrawal might act to deprive other interested persons of an opportunity to oppose the action appealed from;

C. Any withdrawal effectively made pursuant to the above ules shall be an abandonment of the appeal and the decision appealed from shall be reinstated as though no appeal had been made. (Ord. 1091 §1 (part), 1987)

8.60.150 Variance—Issuance Variance shall not be issued until ten days from the lapse of a granting thereof and if an appeal is filed as provided herein, such permit shall not be issued until the decision is made by the board of supervisors on such appeal. (Ord. 1091 §1(part), 1987)

8.60.160 Variance—Termination A variance shall terminate and all rights granted therein shall lapse, and the property affected thereby shall be subjected to all of the provisions and regulation otherwise existing in Sections 8.60.090 through 8.60.170 at the time of such termination, when any of the following occur:

A. There is a failure to commence the exercise of such rights within one year from the date of approval thereof or within any shorter or longer period of time as so designated by the commission;

B. There is a discontinuance for a continuous period of one year of the exercise of the rights granted. (Ord. 1091 §1(part), 1987)

8.60.170 Variance—Revocation The commission may revoke the rights granted by a variance and the property affected thereby shall be subject to all of the provisions otherwise existing in Sections 8.60.090 through 8.60.170 applicable as of the effective date of revocation. Such revocation shall be for good cause, including but not limited to, the failure to comply with any condition contained in the variance or the violation by owner or tenant of any provisions of Sections 8.60.090 through 8.60.170 pertaining to the premises for which the variance was granted.

Before the board shall consider revocation of any permit, the commission shall hold a public hearing thereon after giving written notice thereof to the permittee at least ten days in advance of such hearing. (Ord. 1091 §1(part), 1987)

Chapter 8.64

ABATEMENT OF NUISANCES

Sections:

8.64.010 Definitions.

8.64.020 Authority.

8.64.030 Nuisance existence—Resolution.

8.64.040 Nuisance existence—Hearing—Report.

8.64.050 Nuisance existence—Hearing—Notice—Generally.

8.64.060 Nuisance existence—Hearing—Notice—Contents.

8.64.070 Nuisance existence—Hearing—Protests.

8.64.080 Nuisance existence—Hearing—Board powers..

8.64.090 Abatement—Generally.

8.64.100 Abatement—Cost—Report.

8.64.110 Abatement—Cost—Hearing—Notice.

8.64.120 Abatement—Cost—Hearing—Board powers.

8.64.130 Abatement—Cost—Assessment.

8.64.140 Abatement—Cost—Lien—Notice.

8.64.150 Abatement—Cost—Lien—Enforcement.

8.64.160 Nuisance existence—Objection waiver.

8.64.170 Abatement fund—Generally.

8.64.180 Abatement fund—Maintenance.

8.64.190 Statutory authority.

8.64.010 Definitions The following terms, as used in this chapter, shall have `the meanings ascribed to them in this section, as follows:

A. "Board" means the board of supervisors of the county.

B. "Clerk" means the clerk of the board of supervisors of the county.

C. "Director" means the director of public works of the county. (Ord. 1084 §1(part), 1986)

8.64.020 Authority Whenever there is cause to believe that a public nuisance exists within the unincorporated area of the county, the board, in addition to any other remedy available to it, may cause the abatement of such nuisance and may assess the cost of such abatement pursuant to the procedure of this chapter. (Ord. 1084 §1(part), 1986)

8.64.030 Nuisance existence—Resolution When acting pursuant to this chapter, the board shall adopt a resolution alleging the existence of a nuisance, which shall include a description of the conditions believed to be a public nuisance and the location thereof. (Ord. 1084 §1(part), 1986)

8.64.040 Nuisance existence—Hearing—Report The board shall appoint a time and place for a hearing on whether a public nuisance, as set forth in the resolution provided for in Section 8.64.030, exists, and shall direct the clerk to give notice as hereinafter provided, and shall refer the matter to the director, who shall make and file with the clerk and district attorney, not less than seven days prior to the hearing, a report in writing, which shall contain:

A. A diagram showing the boundaries of the parcel of land upon which the alleged nuisance exists;

B. A description of the methods proposed to be used to abate the alleged nuisance;

C. An estimate of the cost of abatement of the alleged nuisance together with the incidental expenses in connection therewith. (Ord. 1084 §1(part), 1986)

8.64.050 Nuisance existence—Hearing—Notice—Generally At least seven days before the date set for hearing, the clerk shall mail, postage prepaid, notice of the hearing to all persons owning real property upon which the alleged nuisance exists, whose names and addresses appear on the last equalized assessment roll for county taxes or who are known to the clerk. The failure of the clerk to mail the notice to any property owner or the failure to any property owner to receive the notice shall not affect the validity of any proceeding taken under this chapter. (Ord. 1084 §1 (part), 1986)

8.64.060 Nuisance existence—Hearing—Notice—Contents The notice provided for in Section 8.64.050 shall contain:

A. A statement of the time, place and purpose of the hearing;

B. A description of any methods proposed to be used to abate any public nuisance should a public nuisance be found to exist;

C. A statement of the total estimated cost of the pro-posed abatement of the alleged nuisance;

D. A statement that any person interested may file a written protest to the determination of a public nuisance, to the methods proposed to be used to abate the alleged public nuisance, or to both. (Ord. 1084 §1(part), 1986)

8.64.070 Nuisance existence—Hearing—Protests Any interested person may object by filing a written protest with the clerk at or before the time set for hearing. Such protest must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and, if the signers are not shown on the last equalized assessment roll as owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property or are otherwise interested therein. The clerk shall endorse on each protest the date of its receipt and at the time appointed for hearing shall present any written protest received to the board. (Ord. 1084 §1(part), 1986)

8.64.080 Nuisance existence—Hearing—Board powers Upon the day and hour fixed for the hearing, the board shall first hear and pass upon the determination of the existence of a public nuisance, together with any objections or protests which may be raised by any property owners liable to be assessed for the work of abatement of the nuisance or any other interested party. Should a public nuisance be found to exist, the board shall then hear and pass upon the report of the director, together with any objections or protests thereto, which may be raised by any property owners liable to be assessed for the work of abatement of the nuisance or any other interested persons. Thereupon, the board may make such revision, correction or modification in the report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The board may adjourn the hearing from time to time. The decision of the board on all protests and objections which may be made shall be final and conclusive. Should the board find that public nuisance does not exist, no further proceedings shall be had. (Ord. 1084 §1(part), 1986)

8.64.090 Abatement—Generally Upon the confirmation of the report, the director shall cause the abatement of the nuisance in the manner authorized and the cost of the same shall be a lien on the property; provided, however, the property

owner may abate the nuisance up to the time the director causes the abatement of the nuisance. (Ord. 1084 §1(part), 1986)

8.64.100 Abatement—Cost—Report Upon the completion of the abatement, the director shall prepare and file with the clerk a report specifying the cost of the abatement, a description of the real property upon which the nuisance existed, and the assessment against each parcel of land proposed to be levied to pay the cost of such abatement. Such report may include any number of parcels of property, whether contiguous to each other or not. The board shall set the report of the director for hearing. (Ord. 1084 §1(part), 1986)

8.64.110 Abatement—Cost—Hearing—Notice Upon the filing of the report of the director, the clerk shall cause notice of the cost of the abatement as shown in the report to be given as provided in Section 8.64.050, which notice shall specify the day, hour and place when the board will hear and pass upon the report by the director of the cost of the abatement, together with objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such abatement, or any other interested person. (Ord. 1084 §1(part), 1986)

8.64.120 Abatement—Cost—Hearing—Board powers The board shall hear and consider such report and protests and have such powers as are provided in Section 8.64.080. (Ord. 1084 §1(part), 1986)

8.64.130 Abatement—Cost—Assessment The cost of the abatement may be assessed by the board against the property upon which such abatement was made, and such cost so assessed, if not paid within ten days after its confirmation by the board, constitutes a special assessment against the parcel of property* and is a lien on the property for the amount thereof which lien continues until the assessment and all interest thereon is paid or until it is discharged of record. (Ord. 1084 §1(part), 1986)

8.64.140 Abatement—Cost—Lien—Notice The director may file in the office of the county recorder for recording, a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by Trinity County Code Chapter______, I did on the__day of _______, 20__ , cause the abatement of a public nuisance, namely:

upon the real property hereinafter described, and the Board of Supervisors of the County of Trinity, did on the______day of__, 20__, by Resolution No._____ , assess the cost of such abatement upon the real property hereinafter described, and the same has not been paid not any part thereof, and the said County does hereby claim a lien on said real property in the sum of ___________ Dollars ($_________), and the same shall be a lien upon real property until the said sum, with interest at the rate of seven percent (7%) per annum, form the said ____ day of 20__, the day of confirmation of the assessment, has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed is that certain real property lying and being in the County of Trinity, State of California, and more particularly described as follows, to wit:

Owners:

Dated this______ day of 20__ .

Director of Public Works, County of Trinity. (Ord. 1084 §1(part), 1986)

8.64.150 Abatement—Cost—Lien—Enforcement From and after the date of recording the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amounts due, respectively, from each parcel. If any such lien is not paid, the amount shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment. (Ord. 1084 §1(part), 1986)

8.64.160 Nuisance existence—Objection waiver All objections to any matter before the board relating to the determination of the existence of a public nuisance or to any methods proposed to be used for the abatement of any public nuisance found to exist as provided in this chapter, or to any other act or proceeding occurring prior to the time within which such objections are permitted to be filed, not made in the matter specified, shall be waived. (Ord. 1084 §1(part), 1986)

8.64.170 Abatement fund—Generally The board may establish a special revolving fund to be designated as the abatement fund. Payments shall be made out of the fund upon the demand of the director to defray the costs and expenses which may be incurred by the county in doing or causing to be done the necessary work of abatement. (Ord. 1084 §1 (part), 1986)

8.64.180 Abatement fund—Maintenance The board at any time may transfer to the abatement fund, out of any money in the general fund of the county, such sums as it may deem necessary in order to expedite the performance of the work of abatement, and any sum so transferred shall be deemed a loan to the abatement fund and shall be repaid out of the proceeds of the collections heretofore provided for. All funds collected under the proceedings heretofore provided for shall be paid to the county treasurer, who shall credit the same to the abatement fund. (Ord. 1084 §1(part), 1986)

8.64.190 Statutory authority The ordinance codified in this chapter is enacted pursuant to the provisions of Section 25845 of the Government Code of the state. (Ord. 1084 §1(part), 1986)

Chapter 8.80

UNDERGROUND STORAGE TANKS

Sections:

8.80.010 Title.

8.80.020 Authority.

8.80.030 Purpose.

8.80.040 Definitions.

8.80.050 Permit required.

8.80.060 Monitoring wells.

8.80.070 Other agency approvals.

8.80.080 Fees.

8.80.090 Permit revocation.

8.80.091 Liability insurance.

8.80.100 Enforcement.

8.80.110 Violations—Penalties.

8.80.010 Title This chapter shall be known as the "underground storage tank(s) ordinance of the county." (Ord. 1097 (part), 1987)

8.80.020 Authority This chapter is enacted pursuant to authority conferred by Sections 476, 510, 25283 and 25287 of the Health and Safety Code of the State of California. (Ord. 1097 (part), 1987)

8.80.030 Purpose It is the purpose of this chapter to adopt the regulations for the construction and monitoring of facilities used for the underground storage of hazardous substances, as adopted by the State Water Resources Control Board under Chapter 6.7 of the Health and Safety Code; and to establish a procedure for issuance of permits for the use of these facilities; and to authorized the prescription of such fees as will pay the reasonable expenses of the health officer incurred in such enforcement of regulations relating to underground hazardous substance storage facilities. (Ord. 1097 (part), 1987)

8.80.040 Definitions For the purpose of this chapter terms shall have the definitions as provided by the appropriate sections of Chapter 6.7 of Division 20 of the Health and Safety Code, or by Section 2621 of Title 23, Waters, of the California Administrative Code:

A. "Board" means the county board of supervisors.

B. "Health officer" means the health officer of Trinity County or a duly authorized representative.

C. "Local agency" means the Trinity County health department. (Ord. 1097 (part), 1987)

8.80.050 Permit required

A. No person shall operate, construct, modify, close or abandon an underground storage tank within the county unless by authority of a valid, unexpired and unrevoked permit issued to the owner/operator by the health officer.

B. A permit shall not be issued for any underground storage tank or facility unless the tank or facility meets the appropriate requirements of Chapter 6.7 of the Health and Safety Code, and Subchapter 16 of Title 23 of the California Administrative Code.

C. An application for a permit shall be filed with the health department on a form prescribed by the health officer, and shall be accompanied by all required and requested information and any fee levied by the board.

D. The health officer shall act upon the application not later than ninety days after the date it is accepted as complete unless the applicant has filed with the health officer a written notice for extension of time and an extension of time has been granted by the health officer. (Ord. 1097 (part), 1987)

8.80.060 Monitoring wells Standards for the construction, repair, modification or destruction of monitoring wells shall be as set forth in Chapter II of the California Department of Water Resources Bulletin No. 74, "Water Well Standards," State of California. (Ord. 1097 (part), 1987)

8.80.070 Other agency approvals Prior to the issuance of any permit, all appropriate agency approvals must be obtained by the applicant. (Ord. 1097 (part), 1987)

8.80.080 Fees Permit fees shall be set forth by resolution adopted by the board. No permit shall be issued or renewed unless the applicant pays such fees. The total fee shall include the state surcharge. (Ord. 1097 (part), 1987)

8.80.090 Permit revocation

A. Any permit issued pursuant to this chapter may be revoked during its term upon one or more of the following grounds:

1. An unauthorized release subject to Section 25295 of the Health and Safety Code.

2. Modifications have been made to the underground storage tank or facility in violation of a permit.

3. The permittee has violated one or more conditions upon which the permit has been issued.

B. The health officer may revoke a permit by issuing upon the permittee a written notice of revocation. The notice shall state the reason(s) for revocation. The revocation becomes effective fifteen days after the date of the written notice, unless the permittee files an appeal within the time and in accordance with the provisions established by the county. (Ord. 1097 (part), 1987)

8.80.091 Liability insurance Any person testing an underground storage tank as prescribed in Section 25292 of the California Health and Safety Code must carry liability insurance of one million dollars. A current certificate of insurance must be filed with the health department prior to the commencement of any work. (Ord. 1110, 1988)

8.80.100 Enforcement

A. Right of Entry. Whenever necessary to make an inspection to enforce any provision of this chapter or whenever the health officer has reasonable cause to believe that there exists upon the premises any condition which is unsafe, dangerous or hazardous, the health officer may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the health officer by this chapter, provided that if such premises are occupied, request for entry must first be obtained; and, if such premises are occupied, a reasonable effort to locate the owner and request entry must be made. If such entry is refused, the health officer shall have recourse to every remedy provided by law to secure entry.

B. Stop Order. In the event a facility or tank subject to the provisions of this chapter is being constructed, repaired, modified, closed or abandoned contrary to the terms of this chapter, the health officer shall order the work stopped by posting a stop order at the site. No further work shall be done after the posting of the stop order until such time as the stop order is removed by the health officer. (Ord. 1097 (part), 1987)

8.80.110 Violations—Penalties, Any person who violates any provision of this chapter or fails to comply with any regulatory requirement of this chapter shall be guilty of a misdemeanor or infraction. (Ord. 1097 (part), 1987)