2020 S-79 Supplement CUPERTINO, CALIFORNIA
Instruction Sheet
2020 S-79 Supplement
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Title Page Title Page
TITLE 2: ADMINISTRATION & PERSONNEL
3, 4 3, 4
23, 24 23, 24
TITLE 3: REVENUE AND FINANCE
39, 40 39, 40
TITLE 8: ANIMALS
5, 6 5, 6
TITLE 10: PUBLIC PEACE, SAFETY & MORALS
27 through 32 27 through 32
TITLE 1 1. VEI InLLS & 1 RAFFIC
9 through 12 9 through 12
TITLE 13: PARKS
7, 8 7, 8
COMPREHENSIVE ORDINANCE LIST
23, 24 23, 24
47, 48 47, 48
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Cupertino, CA - Instruction Sheet 2
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INDEX
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17, 18 17, 18
AJK
1212020
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
S-79 Supplement contains:
Local legislation current through Ordinance 20-2215, passed 11-2-2020
COPYRIGHT ° 2020
AMERICAN LEGAL PUBLISHING CORPORATION
2.04.005
CHAPTER 2.04: CITY COUNCIL-ELECTION AND MEETINGS*
Section
2.04.005 Elections 2.04.020 Special Meetings.
2,04.010 Regular meetings Special meetings may be called at any time by the
2.04.020 Special meetings mayor or by three members of the City Council by j
2,04.025 Emergency meetings delivering personally or by mail written notice to each
2.04.030 Place of meetings member of the City Council and to each local newspaper of
2.04.040 Vacancy general circulation, radio and television station requesting
2.04.050 Term limits notice in writing. The notice shall be delivered personally
or by mail and be received at least twenty-four hours before
* For statutory provisions regarding the the time of the meeting as specified in the notice. The call
scheduling of City Council meetings, see Gov. and notice shall specify the time and place of the special
Code §§ 36805-36809 meeting and the business to be transacted or discussed. No
other business shall be considered at these meetings. The
written notice may also be dispensed with as to any menber
2.04.005 Elections. of the City Council who at or prior to the time the meeting
General municipal elections shall he held on the first convenes, files with the City Clerk a written waiver of
Tuesday after the first Monday in November of even- notice. The waiver may be given by telegram. The written
numbered years to coincide with the statewide general notice may also he dispensed with as to any member of the
elections. (Ord. 13-2106, § 4, 2013; Ord. 1697, (part), City Council who is actually present at the meeting at the
passed--1995) time it convenes. (Ord. 1697, (part), passed--1995; Ord.
389, § 3.2, passed--1968)
2.04.010 Regular Meetings.
The City Council shall hold regular meetings on the 2.04.025 Emergency Meetings.
first and third Tuesdays of each month at six forty-five p.m. In the case of an emergency situation involving matters
and may adjourn any regular meeting to a date certain, upon which prompt action is necessary due to the description
which shall be specified in the order of adjournment and or threatened disruption of public facilities,the City Council
when so adjourned, such adjourned meeting shall be a may hold an emergency meeting without complying with
regular meeting for all purposes. Such adjourned meetings either the twenty-four-hour notice requirement or the
may likewise be adjourned and any so adjourned meeting twenty-tour-hour posting requirement described in
shall be a regular meeting for all purposes.The City Council Section 54956 of the California Government Code. An
may cancel a regular meeting by a vote of a majority of the emergency meeting called under this section shall be
Council. otherwise conducted in conformance with Section 54956.5
On regular meeting days, the City Council shall begin of the California Government Code. (Ord. 1697, (part),
any closed session items at six o'clock p.m. passed--1995)
City Council meetings that fall on legal holidays shall
automatically be moved to the following day. 2.04.030 Place of Meetings.
City Council meetings that fall on any Election The regular meetings shall convene in the Council
Tuesday in a regular Cupertino election year shall Chamber, Cupertino Community Hall, 10350 Torre
automatically be moved to the first Monday of the month. Avenue, Cupertino, California. All other meetings unless
(Ord. 20-2214, 2020; Ord. 15-2137, § 1, 2015; Ord. 1958, changed in the written notice of meeting or order of
2005; Ord. 1941, 2004; Ord. 1822, (part), passed--1999; adjournment shall be held in the Council Chamber of the
Ord. 1015,passed--1980;Ord.978,(part),passed--1980; Cupertino Community Hall, Cupertino, California. (Ord.
Ord. 189(a), §I, passed--1970; Ord. 389, § 3.1, passed- 1952,2004;Ord.978,(part),passed 1980;Ord. 189, §1.1,
-1968) passed--1968)
3
2020 S-79
2.04.040 Cupertino -Administration and Personnel 4
2.04.040 Vacancy.
A. If any vacancy on the City Council occurs other
than by expiration of at term, the City Council shall, at its
option within thirty days from the commencement of the
vacancy, either fill the vacancy by appointment for the
unexpired term of the former incumbent, or call a special
election to fill the vacancy. The special election shall be
held on the next regularly established election date not less
than one hundred fourteen days from the call of the special
election.
B. Notwithstanding any other provision of this
section,the City Council may appoint any person,otherwise
qualified, to fill a City Council vacancy to hold office only
until the date of a special election which is called to fill the
remainder of the term pursuant to subsection A of this
section.
C. Notwithstanding any other provision of this
section, an appointment shall not he made to fill a vacancy
on the City Council if the appointment would result in a
majority of the members serving on the Council having been
appointed. The vacancy shall be filled in one of the
following ways
1. The City Council may call an election to till the
vacancy to he held on the next regularly established election
date not less than one hundred fourteen days after the call;
2. If the City Council does not call an election
pursuant to subsection B of this section,the vacancy shall be
filled at the next regularly established election date. (Ord.
1697, (part), passed - -1995; Ord. 1017, passed - -1991;
Ord. 1026, § 1, passed--1980)
2.04.050 Term Limits.
The service of city councilmembers shall be limited to
two consecutive elected terms,for a maximum possible time
(appointed and elected combined) of ten years and three
hundred fifty-four days, after which they would not be
eligible for election or appointment to a council seat for four
years. (This section was adopted by a vote of the people
November 4, 1997.) (Ord. 1775, passed- -1998)
2020 S-79
2.28.010
CHAPTER 2.28: CITY MANAGER*
Section
2.28.010 Office created. chapter. In addition to his or her general powers as Chief
2.28.020 Reserved. Administrator, and not as a limitation thereon, he or she
2.28.030 Eligibility-Bond. shall have the powers and duties set forth in the following
2.28.040 Powers and duties. subsections:
2.28.050 Council-Manager relations. A. To see that all laws and ordinances of the City are 9
2.28.060 Attendance at commission meetings. duly enforced and that all franchises, permits, licenses and
2.28.070 Temporary absence. privileges granted by the City are faithfully performed and
2.28.080 Compensation-Reimbursement. observed;
2.28.090 Suspension-Removal-Resignation. B. To control, order and give directions to all
directors of departments and to subordinate officers and
* For statutory Provisions regarding the city employees of the City under his or her jurisdiction through
manager form of government, see Gov. Code their department directors, and to transfer employees from
§§ 34851--34859. one depar—unent to another;
C. The services and facilities of the City Treasurer
and the City Attorney shall be made available to the City
2.28.010 Office Created. Manager to the same extent and in the same manner that the
The office of City Manager is created and established. services are available to the City Council;
The City Manager shall be appointed by the City Council on D. To appoint, discipline and dismiss any and all
the basis of his or her experience, administrative and officers and employees of the City except those elected by
executive ability. He or she shall hold office at and during the electors of the City or whose appointment or dismissal
the pleasure of the City Council. (Ord. 1697, (part), 1995; is denied to the City Manager under the laws of the state.
Ord. 106, § 1, 1959) - The power to appoint given in the preceding paragraph
does not include the power to create a new position except
2.28.020 Reserved. as provided under Chapter 2.52;
E. To attend all meetings of the City Council unless
2.28.030 Eligibility-Bond. excused therefrom by the City Council;
A. No person elected or appointed as a councilman F. To recommend to the City Council for adoption
of the City shall, subsequent to taking office as councilman, such measures and ordinances as he or she deems necessary
be eligible for appointment as City Manager until one year or expedient;
has elapsed after the Council member has ceased to be a G. To keep the City Council at all times fully advised
member of the City Council. as to the financial conditions and needs of the City;
B. The City Manager shall furnish a corporate surety H. To prepare and submit to the City Council the
bond to the City conditioned upon the faithful performance annual budget and to administer it after adoption;
of his or her duties in the penal sum to be fixed by the City I. To purchase or cause to be purchased all supplies
Council. The premium for the bond shall be paid by the for all of the departments or divisions of the City. No
City. (Ord. 1697, (part), 1995; Ord. 106, § 3, 1959) expenditures shall be submitted or recommended to the City
Council except on report and approval of the City Manager;
2.28.040 Powers and Duties. J. To make investigation into the affairs of the City
The City Manager shall be the administrative head of and any department or division thereof and any contract or
the City government acting under the direction and control the proper performance of any obligation running to the
of the City Council except as otherwise provided in this City;
2012 5-35 23
2.28.040 Cupertino- Administration and Personnel 24
K. To investigate all complaints in relation to matters 2.28.070 Temporary Absence.
consuming the administration of the government of the City In the event of the temporary absence or disability of
and in regard to the services maintained by public utilities in the City Manager, the City Council may designate some
the City and to see that all franchises,permits and privileges duly qualified person to perform the duties of City Manager
granted by the City are faithfully observed; during the period of his or her absence or disability. (Ord.
L. To execute general supervision over all public 1697, (part), 1995; Ord. 106, § 7, 1959)
buildings, public parks, streets and other public property
which are under the control and jurisdiction of the City 2.28.080 Compensation-Reimbursement.
Council; A. The compensation of the City Manager, as well
M. To devote his or her entire working time,thought as provisions for his vacation time shall be determined by
and energy to the duties and interests of the City; resolution of the City Council.
N. To receive and open all official mail and B. The City Manager shall be reimbursed for all
communications addressed either to the Mayor or to the City legitimate expenses paid by him in the conduct of City
Council; business, including traveling expenses outside the City
O. To make reports and initiate recommendations as limits. (Ord. 106, § 8, 1959)
may be desirable or as requested by the City Council;
P. To sign documents specified in Cal. Gov't Code 2.28.090 Suspension-Removal-Resignation.
§40602, or to delegate to another officer such authority to A. The removal of the City Manager shall be only
sign, whenever such documents have been approved by the upon a majority vote of the City Council.
Council for execution by the City Manager or their delegee B. The City Manager may resign from his or her
by ordinance, resolution, motion, minute order or other position upon at least four weeks' notice in writing given to
appropriate action. The Purchasing Officer given approval the City Council. (Ord. 2093, 2012; Ord. 1697, (part),
or award authority for the documents specified in Cal.Gov't 1995; Ord. 106, § 9, 1959)
Code§40602 in or pursuant to Chapter 3.22 may sign those
documents.
Q. To perform such other duties and exercise such
other powers as may be delegated to him or her from time
to time by ordinance, resolution or other action of the City
Council. (Ord. 20-2214, 2020; Ord. 2097, 2012; Ord.
1697, (part), 1995; Ord. 705, § 1, 1975; Ord. 106, § 4,
1959)
2.28.050 Council-Manager Relations. [Chapter 2.30 begins on Page 27]
The City Council and its members shall deal with the
administrative services of the City only through the City
Manager, except for the purpose of inquiry, and neither the
City Council nor any member thereof shall give orders to
any subordinates of the City Manager. The City Manager
shall take his or her instructions from the City Council only
when given at a duly held meeting of the City Council, and
no individual councilperson shall give any instructions to the
City Manager. (Ord. 1697, (part), 1995; Ord. 106, § 5,
1959)
2.28.060 Attendance at Commission Meetings.
The City Manager may attend any and all meetings of j
any commission or board heretofore or hereafter created by
the City Council,upon his own volition or upon direction of
the City Council. At any such meetings at which the City
Manager attends, he or she shall inform the members as to
the status of any matter being considered by the City
Council. He or she shall cooperate fully with the members
of all commissions, board or committees appointed by the
City Council. (Ord. 1697, (part), 1995; Ord. 106, § 6,
1959)
2020 S-79
3.37.010
CHAPTER 3.37: MIlVIMUM WAGE
Section
a
3.37.010 Title. (c) "Employer" shall mean any person, including
3.37.020 Authority, corporate officers or executives, as defined in Sec. 18 of the
3,31.030 Definitions. California Labor Code, who directly or indirectly through
3.37.040 Minimum wage. any other person, including through the services of a
3,37.050 Waiver through collective bargaining. temporary employment agency, staffing agency or similar
3.37.060 Notice, posting and payroll records. entity, employs or exercises control over the wages, hours
3.37.070 Retaliation prohibited. or working conditions of any employee and who is either
3.37.080 Implementation. subject to the City's business license requirements or
3.37.090 Enforcement. maintains a business facility in the city.
3.37.100 Relationship to other requirements. (d) "Governmental agencies" shall include federal
3.37.110 Application of minimum wage to welfare- agencies, state agencies, school districts and auxiliary
to-work programs. organizations as defined under Education Code Sections
3.37.120 Fees. 72670(c) and 89901. "Governmental agency" does not
include the City of Cupertino.
(e) "Minimum wage" shall have the meaning set
3.37.010 Title. forth in Section 3.37.040 of this chapter.
This chapter shall be known as the "Minimum Wage (f) "Welfare-to-Work Program" shall mean the
Ordinance." (Ord. 16-2151, (part), 2016) CalWORKS Program, County Adult Assistance Program
(CAAP)which includes the Personal Assisted Employment
3.37.020 Authority. Services (PAES) Program, and General Assistance
This chapter is adopted pursuant to the powers vested Program, and any successor programs that are substantially
in the City of Cupertino under the laws and Constitution of similar to them. (Ord. 16-2151, (part), 2016)
the state of California, including, but not limited to, the
police powers vested in the City pursuant to Article XI, 3.37.040 Minimum wage.
Section 7 of the California Constitution and Section 1205(b) (a) Employers shall pay employees no less than the
of the California Labor Code. (Ord. 16-2151, (part),2016) minimum wage set forth in this section for each hour
worked within the geographic boundaries of the City of
3.37.030 Definitions. Cupertino. Governmental agencies are exempt from the
The following words and phrases, whenever used in minimum wage requirements under the principle of
the chapter, shall be construed as defined in this section: governmental immunity when the work performed is related
(a) "City" shall mean the City of Cupertino, to the agency's governmental function.
California or any agency designated by the City to (b) Effective January 1, 2017, the Minimum Wage
administer the terms of this chapter. shall be an hourly rate of twelve dollars ($12.00). On
(b) "Employee" shall mean any person who: January 1, 2018,the minimum wage shall be an hourly rate 1
1. In a calendar week performs at least two (2) of thirteen dollars and fifty cents ($13.50). On January 1, j
hours of work for an employer as defined below; and 2019, the minimum wage shall be an hourly rate of fifteen
2. Qualifies as an employee entitled to payment of dollars($15.00),except when these scheduled increases are
a minimum wage from any employer under the California temporarily suspended under subdivision(f).The minimum
Minimum Wage Law, as provided under Sec. 1197 of the wage for 2021 is set at fifteen dollars and sixty-five cents
California Labor Code and wage orders published by the ($15.65)per hour notwithstanding any other provision of the
California Industrial Welfare Commission, or is a Cupertino Municipal Code. To prevent inflation from
participant in a welfare-to-work Program. eroding its value, beginning on January 1, 2020, and each
January 1st thereafter, the Minimum Wage
39
2020 S-79
3.37.040 Cupertino- Revenue and Finance 40
shall increase by an amount corresponding to the increase, (B) Total nonfarm employment for California,
if any, in the cost of living, not to exceed 5%. The prior seasonally adjusted, decreased over the six-month period
year's increase in the cost of living shall be measured by the from January to June, inclusive, prior to the September 1
percentage increase,if any, as of August of the immediately determination. This calculation shall compare seasonally
preceding year of the Bay Area Consumer Price Index adjusted total nonfarm employment in June to seasonally
(Urban Wage Earners and Clerical Workers, San adjusted total nonfarm employment in December, as
Francisco-Oakland-San Jose, CA for All Items) or its reported by the Employment Development Department.
successor index as published by the U.S. Department of (C) California state retail sales and use tax cash
Labor or its successor agency, with the amount of the receipts from a 3.9375-percent tax rate for the July 1 to June
Minimum Wage increase rounded to the nearest multiple of 30, inclusive, period ending one month prior to the
five ($.05) cents. If there is no net increase in the cost of September 1 determination is less than retail sales and use
living, the minimum wage shall remain unchanged for that tax cash receipts from a 3.9375-percent tax rate for the July
year. The adjusted Minimum Wage shall be announced by 1 to June 30, inclusive,period ending 14 months prior to the
October lst of each year,or as soon as practicable thereafter September 1 determination.The calculation for the condition
if the Consumer Price Index for August has not yet been specified in this subparagraph shall be made by the City
published, and shall become effective as the new Minimum Manager or designee using data posted online by the State
Wage on January 1st of the following year. Board of Equalization, following the procedure specified in
(c) Commissions or guaranteed gratuities, not paragraph (1) of subdivision(c) of Section 1182.12 of the
including discretionary tips,may be counted toward payment California Labor Code as follows:
of the minimum wage when the commissions or guaranteed (i) The State Board of Equalization shall publish by
gratuities are earned and paid together with other the loth of each month on its Internet Web site the total
compensation paid to an employee and are equal to or retail sales (sales before adjustments) for the prior month
greater than the current minimum wage. For each pay derived from their daily retail sales and use tax reports.
period, employers shall pay the employee an amount that (ii) The State Board of Equalization shall publish by
equals or exceeds the current hourly minimum wage. the loth of each month on its Internet Web site the monthly
(d) The employer may offset a portion of the factor required to convert the prior month's retail sales and
minimum wage for housing and meal costs only if the offsets use tax total from all tax rates to a retail sales and use tax
are the same as those available under the California total from a 3.9375-percent tax rate.
Minimum Wage Law. The offsets shall only be recognized (iii) The Department of Finance shall multiply the
if there is a prior voluntary agreement between the employer monthly total from clause (i) by the monthly factor from
and the employee. clause(ii) for each month.
(e) A violation for unlawfully failing to pay the (iv) The Department of Finance shall sum the monthly
minimum wage shall be deemed to continue from the date totals calculated in clause(iii)to calculate the 12-month July
immediately following the date that the wages were due and 1 to June 30, inclusive, totals needed for the comparison in
payable as provided in Part 1 (commencing with Section this subparagraph.
200)of Division 2 of the California Labor Code,to the date (g) If, for any year, the condition in either
immediately preceding the date the wages are paid in full. subparagraph(A) or (B) of paragraph(f)is met, and if the
(f) On or before September 1, 2017, and on or condition in subparagraph (C) of paragraph(f) is met, the
before every September 1 thereafter until the minimum wage City Council may, on or before October 1 of that year,
is fifteen dollars($15.00)per hour,to ensure that economic make a determination to temporarily suspend the minimum
conditions can support a minimum wage increase, the City wage increase scheduled for the following year.
Manager or designee shall annually make a determination (h) If the City Council makes a determination to
and certify to the City Council whether each condition below temporarily suspend the scheduled minimum wage increases
is met: for the following year, all dates specified in paragraph (b)
(A) Total nonfarm employment for California, that are subsequent to the October 1 determination date shall
seasonally adjusted, decreased over the three-month period be postponed by an additional year. (Ord. 20-2215, § 1,
from April to June, inclusive, prior to the September 1 2020; Ord. 16-2151, (part), 2016)
determination. This calculation shall compare seasonally
adjusted total nonfarm employment in June to seasonally 3.37.050 Waiver through collective bargaining.
adjusted total nonfarm employment in March,as reported by All or any portion of the applicable requirements of
the Employment Development Department. this Chapter shall not apply to Employees covered by a bona
2020 S-79
5 General Provisions 8.01.050
i
D. The City Manager may charge a fee, as set forth 8.01.080 Abandoned Animals. u
in a resolution of the City Council or Board of Supervisors, It is unlawful to abandon any animal in the City. (Ord.
for the City's and County's costs of quarantining animals 1644, § 2(part), 1994)
and inspections for quarantine of animals. Any fee charged
shall be paid by the owner or person who has legal custody 8.01.090 Animals in City Buildings.
of the animal. Such a fee shall be in addition to the actual No person having the control or care of any animal or
costs of the health officer in housing, feeding and otherwise animals shall suffer or permit any such animal to enter or
caringfor quarantined animal. remain in City-owned or managed buildings other than a
q tY g g
E. The head of any animal that dies or is destroyed building used for the purpose of care, detention, space
while under quarantine shall be submitted to the laboratory control or treatment of animals, or a building used for
of the County Health Department for rabies examination. training classes, shows or exhibitions, except persons who
(Ord. 1644, §2 (part), 1994) use a service animal as defined in the Americans with
Disabilities Act,or persons expressly authorized by the City
8.01.060 Diseased Animals. Manager. (Ord. 20-2214, 2020; Ord. 1644, § 2 (part),
A. The owner or person with the right to control any 1994)
animal that the person knows to be infected with any disease
transmittable to humans shall not permit that animal to 8.01.100 Authority of City Manager and Animal
remain within the County other than at a veterinary hospital Control Officer.
approved by the health officer, unless the health officer The City Manager and animal control officer shall have
expressly approves an alternate means of confinement. the following power and authority:
B. The animal control officer will seize any animal A. To enforce the provisions of this title and State
to be infected with any disease transmittable to humans. laws relating to the care, treatment, impounding and
The animal control officer will keep such animal in a safe destruction of animals.
place for a period sufficient to observe examination and B. To arrest any person who violates any provision
determined whether such animal is diseased. Animals found of this title in the manner provided by Section 836.5 of the
to be diseased may be destroyed. (Ord. 1644, § 2 (part), Penal Code.
1994) C. Animal control officer to issue citation pursuant
to Section 607g of the Civil Code.
8.01.070 Dead Animals. D. To act as a public officer pursuant to Food and
A. Upon the death of any animal, the owner or Agricultural Code Section 7.
person in charge thereof shall provide for the burial, E. The City Manager may formulate rules and f
incineration,or other disposition of the body of such animal. regulations in conformity with and for the purpose of
If the owner or person in charge of any dead animal is carrying out the intent of this chapter. Such rules and
unable to provide for burial or other disposition, he or she regulations shall have the same force and effect as this
may request the animal control officer to dispose of the body ordinance when adopted by the City Council and any j
of such animal. violation shall be deemed an infraction.
B. Upon learning that the body of a dead animal has F. Pursuant to Civil Code Section 607g, the City
not been disposed of in a safe and sanitary manner, the Manager may deputize as an animal control officer any
animal control officer will remove the animal's body humane officer of the Humane Society of Santa Clara
immediately, provided, however, that the animal control Valley. (Ord. 1644, § 2(part), 1994)
officer shall not be required to remove and dispose of bodies
of dead animals on state highways or on state property. 8.01.110 Inspection by Animal Control Officer.
Before disposing of the body of a dead animal, the animal A. The City Manager and/or an animal control
control officer will give notice to the owner of the animal, officer shall have the power to enter upon and inspect any
if known,within seventy-two hours of the time that the dead premises where any animal is kept or harbored when such
animal is removed. entry is necessary to enforce the provisions of this chapter.
C. The City Manager will collect a fee sufficient to An inspection or search warrant will be obtained whenever
defray the costs incident to removal and disposal of dead required by law.
animals which shall be paid by the owner or person in B. This entry and inspection will be made only. after
charge thereof, if known;but no fee shall be charged to the the occupant of the premises, if any,has been given written
owner or person in charge of a dead dog or cat if that person or oral notice of the inspection by the City Manager and/or
has attained the age of sixty-five years. (Ord. 1644, § 2 an animal control officer. If the land is unoccupied, the
(part), 1994) City Manager and/or animal control officer will make a
reasonable effort to locate the owner or other person having
control of the property before making entry.
2020 S-79
8.01.110 Cupertino- Animals 6
C. Notwithstanding the foregoing, if the City infraction and upon conviction thereof shall be punished as
Manager and/or an animal control officer has reasonable provided in Chapter 1.12. (Ord.09-2041,2009;Ord. 1644,
cause to believe the keeping or maintaining of any animal is § 2(part), 1994)
so hazardous as to require an immediate inspection to save
the animal or protect public health or safety, the City 8.01.140 Animals and Vehicles.
Manager and/or animal control officer shall have the power A. Other than an individual then actually in the
to immediately enter and inspect the property with the use of process of working a dog or other animal for ranching
reasonable force. If the property is occupied in such a purposes, no person shall transport or carry an animal in a
circumstance, the City Manager and/or an animal control motor vehicle, unless the animal is safely enclosed within
officer will first attempt to notify the occupant and demand the vehicle by means of a container, cage, or other device
entry. Failure or refusal to permit such an inspection that will prevent the animal from falling from, jumping
constitutes a misdemeanor. (Ord. 1644, §2(part), 1994) from, or being thrown from the motor vehicle.
B. No person shall leave any dog or other animal in
8.01.120 Poisoning and Abusing Dogs, Cats or Other an unattended motor vehicle without adequate ventilation or
Domestic Animals. in such a manner as to subject the animal to extreme
In addition to Penal Code Section 596, it shall be temperatures that may adversely affect the health or
unlawful for any person to willfully administer poison to any well-being of the animal.
dog, cat, or other domestic animal or to willfully place,
expose or leave poisonous or harmful substances of any kind 8.01.150 Reserved.
in any place with intent to injure or kill any dog, cat, or
other domestic animal. Further, it shall be unlawful for any 8.01.160 Use of Steel Traps in Urban Service Areas
person to maliciously kill,maim,wound,mutilate,torment, Prohibited.
torture, or physically abuse any animal. (Ord. 1644, § 2 No person shall use a leg-hold steel jawed trap, steel
(part), 1994) jawed trap, or steel leg-hold trap, as defined in Fish and
Game Code Section 4004, in any urban service area
8.01.130 Public Nuisance. boundary, as defined in Government Code Section 56080. 4
A. No person owning or having control of any (Ord. 1644, §2 (part), 1994)
animal shall permit the animal to do any of the following:
1. Defecate or urinate on private property (other 8.01.170 Penalty.
than that of the owner or the person having control of the Except where otherwise specified, any person who
animal; violates any of the provisions of this chapter shall be guilty
2. Defecate on public property without immediately of a misdemeanor and, upon conviction thereof, shall be
removing the excrement to a proper receptacle; punished as provided in Chapter 1.12. (Ord. 1886, (part),
3. Permit an animal to obstruct or interfere with the 2001)
reasonable and comfortable use of property by chasing
vehicles,molesting passersby,barking,howling,baying,or
making any other noise;
4. Permit unsanitary conditions to exist on the
premises where that animal is kept that would cause odors,
attract flies or vermin, or otherwise be injurious to public
health and safety,or be indecent, or offensive to the senses,
or be such an obstruction to the free use of property so as to
interfere with the comfortable enjoyment of life or property
by other persons.
B. The animal control officer may seize and
impound any animal causing or creating a public nuisance.
C. A violation of this section is hereby declared to be
a public nuisance.
D. Any private person may maintain an action under
Civil Code Section 3493 for enforcement of this section
declaring certain acts a public nuisance, if such acts are
specifically injurious to that person. Any person who
violates the provisions of this section shall be guilty of an
2009 S-21
10.48.010
CHAPTER 10.48: COMMUNITY NOISE CONTROL*
Section
10.48.010 Definitions. manufacturing, fabrication, assembly or storage of goods,
10.48.011 Notice of violation. wares and merchandise.
10.48.013 Multiple section application. "Construction"means any site preparation, assembly,
10.48.014 Other remedies. erection, repair, substantial alteration, or similar action, of
10.48.020 Lead agency/official. public or private property,rights-of-way,structures,utilities
10.48.021 Powers of the Noise Control Officer. or similar property,including vehicle pick-up or delivery of
10.48.022 Duties of the Noise Control Officer. construction materials or demolition debris but excluding
10.48.023 Duties and responsibilities of other demolition and grading.
departments. "Daytime"means the period from seven a.m. to eight
10.48.029 Homeowner or resident conducted p.m. on weekdays, and the period from nine a.m. to six
construction work exception. p.m. on weekends.
10.48.030 Emergency exception. "Decibel (dB)" means a unit for measuring relative
10.48.031 Special exceptions. sound pressure, logarithmically referenced to a pressure of
10.48.032 Appeals. twenty micronewtons per square meter.
10.48.040 Daytime and nighttime maximum "Demolition" means any dismantling, intentional
noise levels. destruction or removal of structures, utilities, public or
10.48.050 Brief daytime incidents. private right-of-way surfaces, or similar property.
10.48.051 Landscape maintenance activities. "Emergency" means any occurrence or set of j
10.48.052 Outdoor public events. circumstances involving actual or'imminentphysical danger, j
10,48.053 Grading, construction and crisis, trauma, or property damage which demands
demolition. immediate action. i
10.48.054 Interior noise in multiple-family "Emergency work"means any work performed for the
dwellings. purpose of preventing or alleviating the physical danger,
10.48.055 Motor vehicle idling. trauma, or property damage threatened or caused by an
10.48.056 Noise from registered motor emergency,or restoration of conditions and property to their
vehicles. status prior to the emergency.
10.48.057 Noise from off-road recreational "Holidays" means the following days: New Year's
vehicles. Day, Memorial Day, Independence Day, Labor Day, '
10.48.060 Noise disturbances. Thanksgiving Day, Christmas Day.
10.48.061 Animals and birds. "Industrial area"means industrially-zoned property as
10.48.062 Nighttime deliveries and pickups. defined in the community zoning ordinance.
10.48.070 Violation-Penalty. "Leaf blower" means any portable motorized
landscape equipment used to blow leaves, dirt and other
* Prior ordinance history: Ords. 1022, 1066, debris off sidewalks, driveways, lawns or other surfaces.
1107, 1149, 1179 and 1278. "Leaf blower, Certified" means a leaf blower with a
noise level reading of 65 dBA or less measured at a distance
of 50 feet by an independent laboratory per American
10.48.010 Definitions. National Standards Institute (ANSI) standard B175.2, as
For purposes of this chapter: certified by the manufacturer,or an electric leaf blower with
"Commercial area" means commercially-zoned a noise level measured at 65 dBA or less at a distance of 50
property as defined in the community zoning ordinance. feet, as certified by the manufacturer.
"Commercial establishment"means any store,factory,
manufacturing or industrial plant used for the sale,
2020 S-79 27
10.48.010 Cupertino - Public Peace, Safety and Morals 28
"Motorized landscape equipment" means a motorized "Sound" means a rapid variation in air pressure,
device powered by electricity or fuel used for landscape which, because of its magnitude and frequency, can be
maintenance. Motorized landscape equipment includes but heard by a human with average hearing ability.
is not limited to: lawn mowers, leaf blowers, edgers, and "Sound level" means the maximum continuous or
chainsaws. repeated peak value measured by the use of a sound level
"Muffler" means a device for reducing or dissipating meter and the "A" weighting network, as specified in
the sound of escaping gases,or other types of noise, from a American National Standards Institute specifications for
mechanical device or engine. sound level meters (ANSI S IA - 1971, or the latest
"Multiple-family dwelling unit" means a residential revision). The reading obtained in decibels is designated
structure containing separate living quarters for two or more dBA. If the meter response characteristic is not indicated,
families, each unit with similar and common access to the "SLOW" response shall be used.
outside. "Sound level meter" means an instrument which
"NCO" means noise control officer. includes a microphone, amplifier,RMS detector,integrator
"Nighttime" means periods of weekdays from eight or time averager, output meter, and weighting networks
p.m. to twelve midnight, and from midnight to seven a.m., used to measure sound levels,and meets American National
and periods on weekends from six p.m. to midnight and Standards Institute specification S 1.4 - 1971, or latest
from midnight to nine a.m. revision, for Type 1, Type 2 or Type 2A operation.
"Noise" means any sound which annoys or disturbs "Weekday" means any day, Monday through Friday,
humans or which causes or tends to cause an adverse that is not one of the holidays.
psychological or physiological effect on humans. "Weekend"means Saturdays and Sundays that are not
"Noise Control Officer (NCO)" means the municipal holidays.
agency, department or individual having lead responsibility "Vehicular deliveries or pickups" means the delivery
for implementation and enforcement of this chapter, as or pickup or the arrival for the delivery or pickup of goods,
designated by the City Manager and approved by the City wares, merchandise and waste material by the use of motor
Council. vehicles, including, but not limited to, the operation of
"Noise disturbance" means any sound which: motorized commercial ground-sweeping or waste-removal
1. Endangers or injures the safety or health of machinery, whether portable or self-propelled. (Ord.
humans or animals; or 20-2213, § 1 (part), 2020; Ord. 1871, (part), 2001)
2. Annoys or disturbs a reasonable person of normal
sensitivities; or 10.48.011 Notice of Violation.
3. Endangers or damages personal or real property. Except in the case where there is clear evidence that a
"Noise level" means the same as sound level. person is acting in good faith and with all deliberate speed
"Nonresidential area"means land zoned for other than to comply with provisions of this chapter after a verbal or
residential uses, such as commercial, professional office, written warning of a violation,the continuing violation shall
industrial or public, as defined in the zoning ordinance, but be cause for either a citation, complaint, or an abatement
not including public rights-of-way. order to be issued by the Noise Control Officer, or other
"Person" means any individual, association, responsible official. (Ord. 1871, (part), 2001)
partnership,corporation,or public agency,and includes any
associated officer, employee or department. 10.48.013 Multiple Section Application.
"Property boundary" means an imaginary line along In the event that more than one section of this chapter
the ground surface, and its vertical extension, which apply generally and simultaneously to a given noise source
separates the real property owned by one person from that or incident,the least restrictive regulation shall be in effect,
owned by another person. and the most restrictive limit shall not be invoked, except as
"Public area"means any property or structures thereon sources and incidents are specifically identified in the most
which are owned,utilized, or controlled by a governmental restrictive limit which is applicable. (Ord. 1871, (part),
entity. 2001)
"Public right-of-way" means any street, avenue,
boulevard,highway,parkway, alley or similar place which
is owned or controlled by a governmental entity.
"Residential area" means residentially zoned land as
defined in the community zoning ordinance. '
2020 5-79
29 Community Noise Control 10.48.014
10.48.014 Other Remedies. B. Investigate and Pursue Violations. In consonance
No provision of this chapter shall be construed to with provisions of this chapter, investigate and pursue
impair any common law or statutory cause of action, or possible violations;
legal remedy therefrom, of any person for injury or damage C. Delegation of Authority. Delegate functions,
arising from any violation of this chapter or from other law. where appropriate under this chapter,to other personnel and
The provisions of this chapter are not intended to affect in to other departments, subject to approval of the City
any manner, violations or arrests of persons for a violation Manager. (Ord. 1871, (part), 2001)
of Section 415 of the California Penal Code or any other
provision of State law. The unavailability of a sound level 10.48.023 Duties and Responsibilities of Other
meter to enforce the provisions of this chapter does not Departments.
preclude the enforcement of any provision of State law. A. Departmental Actions. All City departments
(Ord. 1871, (part), 2001) shall, to the fullest extent consistent with other law, carry
out their programs in such a manner as to further the policy
10.48.020 Lead Agency/Official. and intent of this chapter.
The noise control program established by this chapter B. Project Approval. All departments whose duty it
shall be administered by and the responsibility of,the Noise is to review and approve new projects, or changes to
Control Officer(NCO). (Ord. 1871, (part), 2001) existing projects, that may result in the production of
disturbing noise, shall consult with the NCO prior to any j
10.48.021 Powers of the Noise Control Officer. such approval.
In order to implement and enforce this chapter and for C. Contracts. Any written contract, agreement,
the general purpose of noise abatement and control, the purchase order, or other instrument whereby the City is
NCO shall have, in addition to any other vested authority, committed to the expenditure of five thousand dollars or
the power to: more in return for goods or services, and which involves
A. Review of Public and Private Projects. Review noise-producing activities,shall contain provisions requiring
of public and private projects, subject to mandatory review compliance with this chapter. (Ord. 1871, (part), 2001)
or approval by other departments, for compliance with this
ordinance, if such projects are likely to cause noise in 10.48.029 Homeowner or Resident-Conducted
violation of this chapter; Construction Work Exception.
B. Inspections. Upon presentation of proper Construction conducted by the homeowner or resident
credentials and with permission of the property owner or of a single dwelling, using domestic construction tools is
occupant, enter and investigate a potential ordinance allowed on holidays between the hours of nine a.m. and six
violation on any property or place,and inspect any report or p.m. (Ord. 1871, (part), 2001)
records at any reasonable time. If permission is refused or
cannot be obtained, a search warrant may be obtained from 10.48.030 Emergency Exception.
a court of competent jurisdiction upon showing of probable The provisions of this chapter shall not apply to the
cause to believe that a violation of this chapter may exist. emission of sound for the purpose of alerting persons to the
Such inspection may include administration of any necessary existence of an emergency, or the emission of sound in the
tests. (Ord. 1871, (part), 2001) performance of emergency work. (Ord. 1871,(part),2001)
10.48.022 Duties of the Noise Control Officer. 10.48.031 Special Exceptions.
In order to implement and enforce this chapter A. The NCO shall have the authority,consistent with
effectively,the NCO shall within a reasonable time after the this section, to grant special exceptions which may be
effective date of the ordinance codified in this chapter: requested.
A. Guidelines, Testing Methods and Procedures.
Develop and promulgate guidelines, testing methods and
procedures as required. Any noise measurement procedure
used in enforcement of this chapter which tends to
underestimate the actual noise level of the source being
measured shall not invalidate the enforcement action;
2020 S-79
10.48.031 Cupertino -Public Peace, Safety and Morals 30
B. Any person seeking a special exception pursuant Land Use at Maximum Noise Level
to this section shall file an application with the NCO. The Point of Origin at Complaint Site of
application shall contain information which demonstrates Receiving Property
that bringing the source of sound, or activity for which the
special exception is sought, into compliance with this Nighttime Daytime
chapter would constitute an unreasonable hardship on the
applicant, on the community, or on other persons. Prior to Residential 50 dBA 60 dBA
issuance of an exception, the NCO shall notify owners
and/or occupants of nearby properties which may be Nonresidential 55 dBA 65 dBA
affected by such exceptions. Any individual who claims to
be adversely affected by allowance of the special exceptions (Ord. 1921, (part), 2003; Ord. 1871, (part), 2001)
may file a statement with the NCO containing any
information to support his claim. If the NCO finds that a 10.48.050 Brief Daytime Incidents.
sufficient controversy exists regarding an application, a A. During the daytime period only, brief noise
public hearing may be held. incidents exceeding limits in other sections of this chapter
C. In determining whether to grant or deny the are allowed;providing,that the sum of the noise duration in
application, the NCO shall balance the hardship to the minutes plus the excess noise level does not exceed twenty
applicant,the community, and other persons of not granting in a two-hour period. For example, the following
the special exception against the adverse impact on the combinations would be allowable:
health, safety, and welfare of persons affected, the adverse
impact on property affected, and any other adverse impacts N,'.. I�n.e_r_e.,m�.P..n�t Ahnv.P Noise Duration W
of granting the special exception. Applicants for special Normal Standard 2-Hour Period
exceptions and persons contesting special exceptions may be
required to submit any information the NCO may reasonably 5 DBA 15 minutes
require. In granting or denying an application, the NCO f
shall place on public file a copy of the decision and the 10 dBA 10 minutes
reasons for denying or granting the special exception.
D. Special exceptions shall be granted by notice to 15 dBA 5 minutes
the applicant containing all necessary conditions, including 19 dBA 1 minute
a time limit on the permitted activity. The special exception
shall not become effective until all conditions are agreed to
by the applicant. Noncompliance with any condition of the B. For multifamily dwelling interior noise, Section
10.48.054, the sum of excess noise level and duration in
special exception shall terminate it and subject the person
mutes of a brief daytime incident shall not exceed ten in
holding it to those provisions of this chapter regulating the
source of sound or activity for which the special exception any two-hour period, measured at the receiving location.
was granted. C. Section 10.48.050A does not apply to Section
E. Application for extension of time limits specified 10.48.055 (Motor Vehicle Idling). (Ord. 1871, (part),
in special exceptions or for modification of other substantial 2001)
conditions shall be treated like applications for initial special
exceptions under subsection B of this section. (Ord. 1871, 10.48.051 Landscape Maintenance Activities.
(part), 2001) A. The use of motorized landscape equipment for
landscape maintenance activities shall be limited as follows:
10.48.032 Appeals.
Appeals of any decision of the NCO shall be made to Weekdays Weekends
the City Council. (Ord. 1871, (part), 2001) and Holidays
10.48.040 Daytime and Nighttime Maximum Noise At public schools, 7:00 a.m. - 7:00 a.m. -
Levels. public and private golf 8:00 p.m. 6:00 p.m.
Individual noise sources,or the combination of a group courses and public
of noise sources located on the same property, shall not facilities
produce a noise level exceeding those specified on property
zoned as follows, unless specifically provided in another All others 8:00 a.m. - 9:00 a.m.
section of this chapter: 8:00 p.m. 6:00 p.m.
2020 S-79
31 Community Noise Control 10.48.051
I
B. The use of motorized landscape equipment for 1. No individual device produces a noise level more
landscape maintenance activities during the hours indicated than eighty-seven dBA at a distance of twenty-five feet(7.5
in Subsection A is exempted from the limits of Section meters); or
10.48.040;provided that reasonable efforts are made by the 2. The noise level on any nearby property does not
user to minimize the disturbances to nearby residents by,for exceed eighty dBA.
example, installation of appropriate mufflers,noise baffles, B. Notwithstanding Section 10.48.053A, it is a
or extension tubes supplied by the manufacturer, running violation of this chapter to engage in any grading, street
equipment only the minimal period necessary, and locating construction,demolition or underground utility work within
equipment so as to generate minimum noise levels on seven hundred fifty feet of a residential area on Saturdays,
adjoining properties. Sundays and holidays, and during the nighttime period,
C. After November 5, 2022, the use of any leaf except as provided in Section 10.48.030.
blower other than a certified leaf blower is prohibited and C. Construction, other than street construction, is
shall only be used in a manner consistent with subsections A prohibited on holidays, except as provided in Sections
and B. (Ord. 20-2213, § 1 (part), 2020; Ord. 1921, (part), 10.48.029 and 10.48.030.
i
2003; Ord. 1871, (part), 2001) D. Construction, other than street construction, is
prohibited during nighttime periods unless it meets the
10.48.052 Outdoor Public Events. nighttime standards of Section 10.48.040.
A. Outdoor events open to the general public on E. The use of helicopters as a part of a construction
nonresidential property, such as parades, rallies, fairs, and/or demolition activity shall be restricted to between the
concerts and special sales and promotional events,involving hours of nine a.m. and six thirty p.m. Monday through
generation of noise levels higher than would normally occur, Friday only, and prohibited on the weekends and holidays. {
by use of the human voice,public address systems, musical The notice shall be given at least twenty-four hours in
instruments, electronic amplification systems, and similar advance of said usage. In cases of emergency, the
soundproducing activities, are allowed upon obtaining an twenty-four hour period may be waived. (Ord. 1871,(part),
appropriate permit from the city, and subject to the 2001)
following general limitations:
1. The event shall not produce noise levels above 10.48.054 Interior Noise in Multiple-Family
seventy dBA on any residential property for a period longer Dwellings.
than three hours during daytime. Noise produced in any multiple-family dwelling unit
2. The event shall not produce noise levels above shall not produce a noise level exceeding 45 dBA five feet
sixty dBA on any residential property during the period from from any wall in any adjoining unit during the period
eight p.m. to eleven p.m., and above fifty-five dBA for any between seven a.m. and ten p.m., or exceeding 40 dBA
other nighttime period. during hours from ten p.m.to seven a.m.the following day.
3. Continuous or repeated peak noise levels above (Ord. 1871, (part), 2001)
ninety-five dBA shall not be produced at any location where
persons may be continuously exposed. 10.48.055 Motor Vehicle Idling.
B. The conditions imposed upon the event or activity Motor vehicles, including automobiles, trucks,
in the permit issued by the City, regarding maximum noise motorcycles,motor scooters and trailers or other equipment
level, location of noise sources, or duration of activity, for towed by a motor vehicle, shall not be allowed to remain in
I
example, may be more limiting than this section, to protect one location with the engine or auxiliary motors running for
certain individuals, areas or nearby activities which would more than three minutes in any hour, in an area other than
otherwise be disturbed, and these permit conditions, when on a public right-of-way, unless: {
in conflict with this section, are overriding. (Ord. 1871, A. The regular noise limits of Section 10.48.040 are
(part), 2001) met while the engine and/or auxiliary motors are running;or
B. The vehicle is in use for provision of police,fire,
10.48.053 Grading, Construction and Demolition. medical, or other emergency services. (Ord. 1871, (part),
A. Grading, construction and demolition activities 2001)
shall be allowed to exceed the noise limits of Section
10.48.040 during daytime hours; provided, that the
equipment utilized has high-quality noise muffler and
abatement devices installed and in good condition, and the
activity meets one of the following two criteria:
2020 S-79
10.48.056 Cupertino-Public Peace, Safety and Morals 32
10.48.056 Noise from Registered Motor Vehicles. 10.48.061 Animals and Birds.
A. It is a violation of this chapter to own or operate It is unlawful and a nuisance for any person to keep,
a motor vehicle,including automobiles,trucks,motorcycles maintain or permit upon any lot or parcel of land within the
and other similar devices of a type subject to registration, as City under his control any animal, including any fowl,
defined in California Vehicle Code, which has a faulty, which by any sound or cry shall habitually disturb the peace
defective, deteriorated, modified, replaced, or no exhaust and comfort of any person in the reasonable and comfortable
and/or muffler system,and which produces an excessive and enjoyment of life or property. (Ord. 1871, (part), 2001)
disturbing noise level,as defined in California Vehicle Code
Sections 27150 and 27151. 10.48.062 Nighttime Deliveries and Pickups.
B. The Stationary Vehicle Test Procedure, as It is unlawful and a nuisance for any person to make or
adopted by the California Highway Patrol, may be utilized allow vehicular deliveries or pickups to or from commercial
as prima facie evidence of violation of this section. (Ord. establishments (defined as any store, factory,
1871, (part), 2001) manufacturing, or industrial plant used for the sale,
manufacturing, fabrication, assembly or storage of goods,
10.48.057 Noise from Off-Road Recreational wares and merchandise)by the use of private roads, alleys
Vehicles. or other ways located on either side or the back of any
It is a violation of this chapter to own or operate: building housing the commercial establishment where such
A. Any off-road recreational vehicle, including private road, alley or other way lies between the building
all-terrain vehicles, dirt bikes, dune buggies and other and any adjacent parcel of land zoned for residential
similar devices,as defined in Division 16.5 of the California purposes, between the hours of eight p.m. and eight a.m.
Vehicle Code, which has a faulty, defective, deteriorated, weekdays (Monday through Friday) and sic p.m. and nine
modified, replaced, or no exhaust and/or muffler system, a.m. on weekends (Saturday and Sunday) and holidays
and which produces an excessive and disturbing noise level, except as maybe permitted under Section 10.48.029. (Ord.
as specified in California Vehicle Code Section 38365; 1871, (part), 2001)
B. Any off-road recreational vehicle producing a
noise level: 10.48.070 Violation—Penalty. 4
1. Exceeding ninety-eight dBA within twenty inches Any person who violates the provisions of this chapter
of any component at an intermediate engine speed of two shall be guilty of a misdemeanor and upon conviction
thousand to four thousand revolutions per minute in a thereof shall be punished as provided in Chapter 1.12.
stationary position; or (Ord. 1886, (part), 2001; Ord. 1871, (part), 2001)
2. Exceeding eighty dBA under any condition of
acceleration, speed, grade, and load at a distance of fifty
feet. At greater or lesser measurement distances, the
maximum noise level changes by four dB for each doubling
or halving of distance. The sound level meter shall be set
for FAST response for this measurement. (Ord. 1871,
(part), 2001)
10.48.060 Noise Disturbances.
No person shall unreasonably make,continue,or cause
to be made or continued,any noise disturbance as defined in
Section 10.48.010. (Ord. 1871, (part), 2001)
2020 S-79
11.08.010
1
CHAPTER 11.08: BICYCLES*
Section
11.08,010 Bicycle-Definitions. with state law with respect to the operation, use, licensing,
11,08.011 Motor-driven cycle. and equipment of bicycles, see Veh. Code § 21206; for
11.08.012 Motorized bicycle. statutory provisions authorizing local authorities to establish
11.08.013 Motorized quadricycle. bicycle lanes, and to regulate the operation of bicycles and
11.08.014 Roller skates. vehicles with respect thereto, see Veh. Code § 21207; for
11.08.015 Skateboard. statutory provisions setting forth certain equipment
11.08.020 Compliance required. requirements for bicycles, see Veh Code §21201 and Veh.
11.08.030 Administrative authority. Code § 21201.5; for statutory provisions relating to the
11.08.040 Reserved. registration and licensing of bicycles, see Veh. Code
11.08.050 Reserved. §39000 et. seq.
11.08.060 Reserved.
11,08.061 Bicycle serial numbers and 11.08.010 Bicycle-Definitions.
identifying marks-Prohibited acts. `Bicycle," for the purposes of this chapter, means a
11.08.070 Reserved. device upon which any person may ride, propelled
11.08.080 Reserved. exclusively by human power through a belt, chain or gears
11.08.090 Reserved. having one or more wheels. (Ord. 1420, (part), 1987)
11.08.100 Reserved.
11.08.110 Reserved. 11.08.011 Motor-Driven Cycle.
11.08.120 Reserved. A "motor-driven cycle" is any motorcycle, including
11.08.130 Equipment, every motor scooter,with a motor which produces less than
11.08.140 Laws applicable to bicycle use. fifteen gross brake horsepower, and every bicycle with
11.08.150 Operation on roadway. motor attached. "Motor-driven cycle" does not include a
11.08.160 Riding-On pedestrian facilities. "motorized bicycle"as defined in Section 11.08.012. (Ord.
11.08.170 Hitching rides. 1420, (part), 1987)
11.08.180 Exemptions.
11.08.190 Permitted movements from bicycle 11.08.012 Motorized Bicycle.
lanes. A"motorized bicycle"or"moped"is any two-wheeled
11.08.200 Walking bicycles. or three-wheeled device having fully operational pedals for
11.08.210 Riding on bicycles. propulsion by human power,or having no pedals if powered
11.08.220 Carrying articles. solely by electrical energy, and an automatic transmission
11.08.230 Motor vehicles and motorized and a motor which produces less than two gross brake
bicycles in bicycle lanes. horsepower and is capable of propelling the device at a
11.08.240 Impoundment. maximum speed of not more than thirty miles per hour on
11.08.250 Bicycle lanes-Designated. level ground. (Ord. 1420, (part), 1987)
11.08.260 Bicycle route-Designated.
11.08.270 Prohibition of skateboarding and 11.08.013 Motorized Quadricycle.
roller skating. A "motorized quadricycle" is a four-wheeled device
11.08.280 Penalty designed to carry not more than two persons, including the
driver, and having either an electric motor or a motor with
* Prior ordinance history: Ords. 708, 741, 1068, an automatic transmission developing less than two gross
1071, 1173, 1228 and 1381. brake horsepower and capable of propelling the device at a
* For statutory provisions authorizing local
authorities to pass ordinances not in conflict
2020 S-79 9
11.08.013 Cupertino -Vehicles and Traffic 10
maximum speed of not more than thirty miles per hour on 11.08.040 Reserved.
level ground. The device shall be utilized only by a person
who by reason of physical disability is otherwise unable to 11.08.050 Reserved.
move about as a pedestrian, or by a senior citizen as defined
in Section 13000 of the California Vehicle Code. (Ord. 11..08.060 Reserved.
1420, (part), 1987)
11.08.061 Bicycle Serial Numbers and Identifying
11.08.014 Roller Skates. Marks —Prohibited Acts.
"Roller skates"are any footwear,or device which may It is unlawful for any person to tamper with, destroy,
be attached to the foot or footwear, to which wheels are mutilate or alter any serial number or the manufacturer's
attached,including wheels that are"in line"and where such identifying marks on any bicycle frame. (Ord. 20-2214,
wheels may be used to aid the wearer in moving or 2020; Ord. 1420, (part), 1987)
propulsion. (Ord. 1767, (part), 1997)
11.08.070 Reserved.
11.08.015 Skateboard.
"Skateboard" is any board of any material, which has 11.08.080 Reserved.
wheels attached to it and is propelled or moved by human,
gravitational, or mechanical power, and to which there is
not fixed any device or mechanism to turn or control the
wheels. (Ord. 1767, (part), 1997)
11.08.020 Compliance Required.
It is unlawful for any resident of the City to operate
any bicycle on any street, road, highway or other property
within the jurisdiction of the City, unless the bicycle is
registered and licensed as provided in this chapter. (Ord.
1420, (part), 1987)
11.08.030 Administrative Authority.
There are conferred upon the City Manager those
powers and duties necessary for the administration of this
chapter. In addition, there is also conferred upon the City
Manager the authority and power to designate such officers
and employees of the City, and of other cooperating public
agencies, such as either the Central Fire District or the
Sheriff's Department, as well as private persons such as
bicycle retailers, as may be required to assist him in
carrying out the intent and purpose of this chapter. (Ord.
1420, (part), 1987)
r`
11 Bicycles 11.08.090
11.08.090 Reserved. 3. When reasonably necessary to avoid conditions
(including, but not limited to, fixed or moving objects,
11.08.100 Reserved. vehicles,bicycles,pedestrians, animals, surface hazards or
substandard width lanes) that make it unsafe to continue
11.08.110 Reserved. along the right-hand curb or edge, subject to the provisions
of Section 21656. For purposes of this section, a
11.08.120 Reserved. "substandard width lane" is a lane that is too narrow for a
bicycle and a vehicle to travel safely side by side within the
11.08.130 Equipment. lane.
No person shall operate a bicycle on any roadway or B. Any person operating a bicycle upon a roadway j
other property within the jurisdiction of the City unless it is of a highway,which highway carries traffic in one direction j
equipped in conformance with Section 21201 of the only and has two or more marked traffic lanes, may ride as 3
California Vehicle Code. (Ord. 1420, (part), 1987) near the left-hand curb or edge of such roadway as
practicable. (Ord. 1420, (part), 1987)
11.08.140 Laws Applicable to Bicycle Use.
Every person riding a bicycle upon a highway has all 11.08.160 Riding—On Pedestrian Facilities.
the rights and is subject to all the provisions applicable to the No person shall ride, use or operate a bicycle on any
driver of a vehicle by this title,including,but not limited to, sidewalk within the City except as specifically permitted in
provisions dealing with driving under the influence of this chapter. (Ord. 17-2161, 2017; Ord. 1649, 1994; Ord.
alcoholic beverages or drugs, and by the California Vehicle 1560, 1991; Ord. 1420, (part), 1987)
Code's Division 10 (commencing with Section 20000),
Section 27400, Division 16.7 (commencing with Section 11.08.170 Hitching Fides.
39000), Division 17 (commencing with Section 40000), No person riding upon any motorcycle, motorized
except those provisions which by their very nature can have bicycle, bicycle, coaster, roller skates, sled or toy vehicle
no application. (Ord. 1420, (part), 1987) shall attach the same or herself/himself to any streetcar or
vehicle on the roadway. (Ord. 1420, (part), 1987)
11.08.150 Operation on Roadway.
A. Any person operating a bicycle upon a roadway 11.08.180 Exemptions.
at a speed less than the normal speed of traffic moving in the The prohibition in Section 11.08.160 against riding,
same direction at such time shall ride as close as practicable using, or operating a bicycle on a sidewalk shall not apply
to the right-hand curb or edge of the roadway, except under to:
any of the following situations: A. A child age twelve years and under; and
1. When overtaking and passing another bicycle or B. An adult accompanying a child age twelve years
vehicle proceeding in the same direction; and under who is also riding,using, or operating a bicycle.
2. When preparing for a left turn at an intersection C. Any person riding, using or operating a bicycle
or into a private road or driveway; on a pedestrian path, unless specifically posted as
prohibited. (Ord. 17-2161, 2017; Ord. 1420, (part), 1987)
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2020 S-79
11.08.190 Cupertino - Vehicles and Traffic 12
11.08.190 Permitted Movements from Bicycle 11.08.230 Motor Vehicles and Motorized Bicycles in
Lanes. Bicycle Lanes.
A. Whenever a bicycle lane has been established on A. Whenever a bicycle lane has been established on
a roadway pursuant to Section 21207 of the California a roadway pursuant to Section 21207 of the California
Vehicle Code, any person operating a bicycle upon the Vehicle Code,any person operating a motor vehicle on such
roadway at a speed less than the normal speed of traffic roadway shall not drive in the bicycle lane except to park
moving in the same direction shall ride within the bicycle where parking is permitted, to enter or leave the highway,
lane, except that such person may move out of the lane in or to prepare for a turn.
any of the following situations: B. This section does not prohibit the use of a
1. When overtaking and passing another bicycle, motorized bicycle in a bicycle lane pursuant to Section
vehicle or pedestrian within the lane or about to enter the 21207.5 of the California Vehicle Code; provided, that no
lane if such overtaking and passing cannot be done safely person shall operate a motorized bicycle upon a bicycle lane
within the lane; at a speed greater than is reasonable or prudent having due
2. When preparing for a left turn at an intersection regard for visibility and the traffic on, and the surface of,
or into a private road or driveway; the bicycle lane, and in no event in a manner which
3. When reasonably necessary to leave the bicycle endangers the safety of bicyclists utilizing the bicycle lane.
lane to avoid debris or other hazardous conditions. (Ord. 1420, (part), 1987)
B. No person operating a bicycle shall leave a
bicycle lane until the movement can be made with 11.08.240 Impoundment.
reasonable safety, and then only after giving an appropriate The City may impound and retain possession of any
signal in the manner provided in Chapter 6 (commencing bicycle in violation of the provisions of this chapter, and
with Section 22100) of the California Vehicle Code in the may retain possession of such bicycle until the provisions of
event that any vehicle may be affected by the movement. this chapter are complied with. In addition, a fine may be
(Ord. 1420, (part), 1987) imposed for any violation of this chapter pursuant to Section
11.08.310. (Ord. 1420, (part), 1987)
11.08.200 Walking Bicycles.
Bicycles may be walked at any time, subject to all 11.08.250 Bicycle Lanes—Designated.
provisions of law applicable to pedestrians. (Ord. 1420, The City Manager, upon approval of the City Council,
(part), 1987) is authorized to erect or place signs upon any street in the
city indicating the existence of a bicycle lane,and otherwise
11.08.210 Riding on Bicycles. regulating the location and use of vehicles and bicycles with
A. No person operating a bicycle upon a highway respect to them, so long as the same are consistent with this
shall ride other than upon or astride a permanent and regular chapter. Before such a sign is erected, the subject bicycle
seat attached thereto. lane shall be designated on such streets by an approved
B. No operator shall allow a person to ride as a painting or sign, or in such other manner as the City
passenger, and no person shall ride as a passenger, on a Manager shall determine will provide sufficient notice of the
bicycle upon a highway other than upon or astride a separate existence of such bicycle lane. When such a painting or sign
seat attached thereto. is in place, no person shall disobey it.
If the passenger is a minor weighing forty pounds or
less, the seat shall have adequate provision for retaining the
minor in place and for protecting the minor from the moving DESIGNATION OF BICYCLE LANES
parts of the bicycle. (Ord. 1420, (part), 1987)
Street Description Side
I
11.08.220 Carrying Articles. Foothill Boulevard Freeway 280 to Stevens Creek
No person operating a bicycle shall carry any package, Boulevard Both
bundle or article which prevents the operator from keeping Bubb Road Stevens Creek Boulevard to
at least one hand upon the handlebars. (Ord. 1420, (part), Rainbow Drive Both
1987 Mary Avenue Meteor to Stevens Creek Boulevard Both
Stelling Road Homestead Road to Rainbow Drive Both
Kim Street Kirwin Lane to Bollinger Road Both
Blaney Avenue Homestead to Stevens Creek
Boulevard Both
Tantau Ave Homestead Road to Stevens
Creek Boulevard Both £
Homestead Road Grant Road to Swallow Drive Both
Pruneridge Avenue Wolfe Road to Taman Avenue Both
2017 S-60
7 Parks 13.04.150
signal all turns, pass to the left of any vehicle they are stand,cart or vehicle for the sale or display of any article or
overtaking and pass to the right of any vehicles they may be thing, on a public street, within five hundred feet in a
meeting; straight line from the nearest boundary of any park. (Ord.
J. Ride any other person on a bicycle,except where 1886, (part), 2001; Ord. 531, § 18, 1972)
the bicycle is built for operation by more than one person;
K. Leave a bicycle in a place other than a bicycle 13.04.190 Closing Hours—Prohibitions.
rack where a bicycle rack is provided and there is space No person in a park shall do any of the following,
available; except as authorized by the Director for the purpose of
L. Leave a bicycle lying on the ground or paving,or official City programming:
set against trees, or in any place or position where other A. Remain,stay or loiter in any public park,between
persons may trip over or be injured by it. (Ord. 2014, the hours of ten p.m. and six a.m. of the following day, or
2008; Ord. 531, § 15, 1972) as may otherwise be designated by minute order or
resolution of the City Council. The opening and closing
13.04.160 Swimming Restrictions. hours for each individual park shall be posted therein by the
No person in a park shall swim, bathe, wade in or department of parks and recreation for public information;
pollute the water of any fountain, pond, lake or stream, B. Set up tents or other temporary shelter for the
except that wading and swimming shall be permitted in pools purpose of overnight camping,nor shall any person park or
specifically provided for these purposes, and so posted. leave in a park, after closing hours, any vehicle or movable
(Ord. 531, § 16, 1972) structure to be used, or that could be used, for such
purposes, such as a horse trailer, camp trailer, pickup
13.04.170 Picnic Area Use Restrictions. camper, or the like;
No person in a park shall do any of the following: C. Park or leave in a park, after closing hours, any
A. Picnic or lunch in a place other than one vehicle. Signs shall be posted at all park entrances to notify
designated for that purpose. Attendants shall have the park visitors of the effects of paragraph C of this section.
authority to regulate the activities in such areas, when (Ord. 20-2214, 2020; Ord. 754, § 1, 1976; Ord. 670, § 1,
necessary to prevent congestion and to secure the maximum 1974; Ord. 531, § 19, 1972)
use of the park facilities for the comfort and convenience of j
all. Visitors shall comply with any directions given to 13.04.191 Towing of Vehicles Remaining after
achieve this end. Individual fireplaces or tables and benches Closing Hours.
shall be used on the basis of"first come, first served"; Any vehicle or movable structure left in a park after
B. Use any portion of the picnic areas, or any of the closing hours may be towed away to a public garage at the
park buildings or structures for the purpose of holding owner's expense. Signs shall be posted at all park entrances
picnics, to the exclusion of other persons, and no person to notify park visitors of the effects of this section. (Ord.
shall use such area and facilities for an unreasonable length 752, § 1, 1976)
of time if they are crowded;
C. Leave a picnic area before a fire started or later 13.04.200 Closing Sections of Parks.
used by him is completely extinguished. (Ord. 531, Any section or part of a park may be declared closed
§ 17,1972) to the public by the Director of parks and recreation at any
time, and for any interval of time, either temporarily or at
13.04.180 Advertising and Sale Restrictions. regular and stated intervals (daily or otherwise), and either
A. No person in a park shall, without prior entirely or merely to certain uses, as the Director may
permission from the City Council, do any of the following: reasonably find necessary. (Ord. 531, §20, 1972)
1. Expose or offer for sale any article or thing, nor
shall he station or place any stand, cart or vehicle for the 13.04.201 Nature and/or Rural Preserve.
transportation, sale or display of any such article or thing; A. Any park characterized by such unique natural
2. Announce,advertise or call the public attention in features that it is deemed a valuable and irreplaceable
any way to any article or service for sale or hire; resource may be designated by the City Council either by
3. Paste, glue, tack or otherwise post any sign, ordinance or resolution as a nature and/or rural preserve,in
placard, advertisement or inscription. which event it shall be used and treated in a manner
B. In addition, in order to insure the public safety, consistent therewith.
health and general welfare, no person shall expose or offer B. Uses shall be limited to those which will maintain
for sale any article or thing,nor shall he station or place any and protect the ecology of the area, conserve the natural
features and scenic values, expand community awareness
and understanding of natural history and the environment,
2020 S-79
13.04.201 Cupertino-Parks 8
and provide enjoyment of the resources present consistent
with their preservation.
C. McClellan Ranch Park is designated a nature and
rural preserve. (Ord. 710, (part), 1975)
13.04.202 Regulations and Guidelines.
The City Council shall by resolution adopt regulations
controlling the use and guidelines pertaining to the
development of any part designated as a nature and/or rural
preserve. Any such regulations adopted by the City Council
shall, where inconsistent therewith, take precedence over
any general regulations contained in Chapter 13.04. (Ord.
710, (part), 1975)
13.04.210 Lost Articles.
The finding of lost articles in parks shall be reported to
the department of parks and recreation or the park
department personnel on duty. (Ord. 531, §21, 1972)
13.04.220 Administrative Authority.
There is conferred upon the City Manager those
powers and duties necessary for the administration of this
chapter. In addition, there is also conferred upon the City
Manager the authority and power to designate such City
officers and employees as may be required to carry out the
intent and purpose of this chapter. (Ord. 531, §22, 1972)
13.04.230 Enforcement Authority.
The parks foreman,all park attendants and/or all peace
officers authorized or directed by the City shall be
responsible for the enforcement of the provisions of the
chapter and of any rule promulgated hereunder. (Ord. 531,
§23, 1972)
13.04.240 Violation—Penalty.
Any person who violates the provisions of this chapter
shall be guilty of an infraction and upon conviction thereof
shall be punished as provided in Chapter 1.12. (Ord. 1179,
§2(part), 1982; Ord. 531, §25, 1972)
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2013 S-38
23 Comprehensive Ordinance List
Ord. No. Ord. No.
1344 Repeals Ord. 2200) (Repealed by 1374 Rl Zone; repeals Ord. 1240(Repealed
1601) by 1449)
1345 Trucks and trailers; repeals Ord. 276 1375 Creation of easements (Not codified)
(11.29) (Repealed by 1940) 1376 Rezone(Special)
1346 Amends §§ 11.28.010, 11.28.020 and 1377 Amends § 10.52.070, handbills and
11.28.030, miscellaneous parking advertisements (10.52)
(11.28) 1378 Adds §2.08.095, city council meetings
1347 Vesting tentative maps (Title 18) (2.08)
1348 Amends § 11.24.180, diagonal parking 1379 Amends entirety of Ch. 16.16, electric
(11.24) code(Repealed by 1707)
1349 Rezone (Special) 1380 Amends § 11.24.140, parking(11.24)
1350 Adds § 16.04.056, spark arrestors 1381 Amends Ch. 11.08,bicycles (11.08)
(Repealed by 1706) 1382 Amends § 18-1.1001, subdivisions
1351 Amends § 11.24.150, parking(11.24) (Title 18)
1352 Amends § 16.40.080B, fire code 1383 Amends § 10.52.010, distribution of
(Repealed by 1711) commercial advertising(10.52)
1353 Amends § 16.32.050N, swimming 1384 Amends entirety of Title 18,
pools (16.32) (16.32.050 Repealed by subdivisions (18.04, 18.08, 18.12,
Ord.13-2115) 18.16, 18.20, 18.24, 18.28, 18.32,
1354 Rezone(Special) 18.36, 18.40, 18.44, 18.48) 1aJ
1355 Amends § 15.08.020, water service 1385 Rezone(Special)
(Repealed by 1776) 1386 Amends § 5.32.290, bingo licenses
1356 Amends § 12 of Ord. 1240, (5.32)
moratorium of extensions along 1387 Adds § 6.24.061, containers stored in
building lines (Special) trash enclosures (6.24)
1357 Amends § 11,24.150, parking(11.24) 1388 Amends § 11.24.150, traffic (11.24)
1358 Rezone (Special) 1389 Amends Ch. 16.56, Uniform Housing
1359 Rezone (Special) Code(Repealed by 1710)
1360 Amends § 16.16.050A5, electrical 1390 Amends §§ 11.24.150 and 11.24.160,
code (Repealed by 1707) traffic(11.24)
1361 Amends Ch. 16.04, building code 1391 Amends § 11.20.020, traffic (11.20)
(Repealed by 1706) 1392 Amends § 11.24.160, traffic (11.24)
1362 Amends Ch. 16.24, mechanical code 1393 Amends §2.08.090(A), city council
(Repealed by 1709) order of business (2.08)
1363 RI Zone(Not codified) 1394 Amends §§ 11.24.030 and 11.24.140,
1364 Rezone (Special) traffic (11.24)
1365 Amends § 11.20.020, vehicles and 1395 Amends § 11.24.150, traffic (11.24)
traffic (11.20) 1396 Amends condition 16 of Ord. 952 and
1366 Amends Ch. 16.20, Uniform Plumbing repeals condition 17 of Ord. 816,
code (Repealed by 1708) rezone(Special)
1367 Amends § 3.24.070G, purchasing 1397 Amends § 11.24.150, traffic (11.24)
(Repealed by 1582) 1398 Rezone(Special)
1368 Rezone(Special) 1399 Amends §§ 16.40.010, 16,40.020,
1369 Amends § 11.24.160, parking(11.24) 16.40.030, 16.40.040, 16,40.060 and
1370 Adds §3.24.065, purchasing 16.40.080, Uniform Fire Code
(Repealed by 1582) (Repealed by 1711) 1
1371 Adds §2.20.040, city clerk(2.20) 1400 Amends § 3.12.030(A), transient
1372 Amends § 10.52.010, handbills and occupancy tax(3.12)
advertisements (10.52) 1401 Adds Ch. 2.80, fine arts commission
( 1373 Adds § 9.12.043, amends (2.80)
§§ 9.12.041(3)(a)(iii), 9.12.042(A) 1402 Amends §2.16.010, salaries of city
and Art. V of Ch. 9.12, and repeals council members(2.16)
§ 9.12.011(B), hazardous materials 1403 Amends Chs. 15.04, 15.08 and 15.12,
(9.12) water and sewage (Repealed by 1776)
2020 S-77
Cupertino- Comprehensive Ordinance List 24
Ord. No. Ord. No.
1404 Rezone(Special) 1433 Amends §§ 18-1.401.5 and
1405 Amends §§ 11.24.150 and 11.24.170, 18-1.501.7, subdivisions (18.16,
parking regulations (11.24) 18.20)
1406 Amends § 11.20.030, stop signs 1434 Rezone(Special)
(11.20) 1435 Rezone (Special)
1407 Rezone(Special) 1436 Rezone (Special)
1408 Adds § 11.24.230, parking 1437 Amends § 5.20.015, peddlers and
prohibitions (11.24) solicitors; repeals § 5.20.070 (5.20)
1409 Amends § 11.24.150, parking 1438 Establishes interim zoning standards
prohibitions (11.24) for the Rl and RHS zones (Not
1410 Amends §§ 6.5 and 7.6 of Ord. 652 codified)
and repeals § 7.6, zoning(Repealed by 1439 Amends § 11.24.150, parking (11.24)
1601) 1440 Establishes interim zoning standards
1411 Rezone(Special) for the Rl and RHS zones (Not
1412 Amends Ch. 16.52 in its entirety, codified)
flood damage prevention(16.52) 1441 Amends § 16.04.010, 16.04.030,
1413 Adds § 11.36.070, traffic (11.36) 16.04.060, 16.04.062, 16.16.030,
1414 Adds §§ 2.365 and 8.12 to Ord. 746; 16.20.030 and 16.24.060, uniform
repeals and replaces §§ 3.02, 6.03.4, codes (Repealed by 1709)
7.05, 7.12, 8.08, 8.10, 8.11 and 1442 (Not enacted)
10.03, signs; repeals § 8.01 of Ord. 1443 Temporary parking restriction
746 (Title 17) (Special)
1415 Rezone(Special) 1444 (Failed)
1416 Adds § 11.24.240, blocking of 1445 Amends §§ 11.20.020 and 11.20.030,
intersections (11.24) stop intersections (11.20)
1417 Adds Ch. 11.09, p )pedestrians(11.09 1446 Amends § 11.24.150, prohibited
1418 Rezone(Special) parking(11.24)
1419 Amends §§ 11.24.150 and 11.24.170, 1447 Rezone (Special)
stopping, standing and parking(11.24) 1448 Rezone (Special)
1420 Amends Ch. 11.08, bicycles (11.08) 1449 Amends Ord. 220; repeals Ord. 1374,
(Portions repealed by 20-2214) zoning(Repealed by 1601)
1421 Creates redevelopment agency(Not 1450 Amends Ord. 220; repeals Ord. 1238,
codified) zoning(Repealed by 1601)
1422 Amends § 11.24,160, stopping, 1451 Amends Ord. 220; repeals Ord.
standing and parking (11.24) 220(i), zoning(repealed by 1601)
1423 Amends § 11.24.150, stopping, 1452 Amends Ord. 220; repeals Ord.
standing and parking (11.24) 220(i), zoning(Repealed by 1601)
1424 Rezone(Special) 1453 Amends Ord. 220; repeals § 5 of Ord.
1425 Amends Condition 16 of zoning action 1238 and § 5 of Ord. 1374, zoning
2-2-83 (Special) (Not codified)
1426 Beverage container redemption and 1454 Amends § 11.24.150, prohibited
recycling centers (19.40) parking(11.24)
1427 Amends § 11.24.160, parking(11.24) 1455 Amends § 11.24.150,prohibited
1428 Amends § 11.24.150, parking(11.24) parking(11.24)
1429 Amends §§ 11.20.020 and 11.20.030, 1456 Rules governing effectiveness of
stop intersections (11.20) zoning standards established by Ords.
1430 Adds Ch. 11.34, roadway design 1438, 1449, 1450 and 1453, zoning
I
features (11.34) (Not codified)
1431 Adds § 16.32.040(B) and reletters 1457 Amends §2.08.090(A), order of
subsequent subsections, swimming business at City Council meetings
pool safety requirements (16.32) (2.08)
(16.32.040 Repealed by Ord. 13-2115) 1458 Special election on bond issuance for
1432 Amends §2.60.010, public safety park, recreational and open space
commission(2.60) improvements (Special)
2020 S-79
47 Comprehensive Ordinance List
Ord. No. Ord. No.
20-2203 Amends §§ 1.04.010 through 1.04.060 20-2214 Amends §§2.04.010, 2.28.040,
(adds new § 1.04.030) general 8.01.090, 11.08,061 and 13.04.190,
provisions; repeals and readopts Ch. repealing §§ 11.08.040, 11.08.050,
1.08 (1.08.010 and 1.08.020)right of 11.08.060, 11.08.070, 11.08.080,
entry for inspection; repeals and 11.08.090, 11.08.100, 11.08.110 and
readopts Ch. 1.09 (§§ 1.09.010 through 11.08.120, concerning regular
1.09.110)nuisance abatement; repeals meetings of the City Council,
and readopts Ch. 1.10(§§ 1.10.010 concerning powers and duties of the
through 1.10.180) administrative City Manager, concerning animals in
citations, fines, and penalties; amends city buildings, concerning bicycle
Ch. 1.12 title(General Penalty and licensing and registration, and
Criminal Enforcement), amends concerning activities prohibited in city
§ 1.12.010 and § 1.12.020 and repeals parks (2.04, 2.28, 8.01, 11.08, 13.04)
§ 1.12.030 20-2215 Amends § 3.37.040, minimum wage
20-2204 An urgency ordinance authorizing (3.37)
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
20-2205 Amends § 2.20.010, recordkeeping
duties-closed sessions (2.20)
20-2207 An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
20-2208 Amends §2.88.100, duties-powers-
responsibilities (2.88)
20-2209 Adopts § 2.20.120, electronic filing of
campaign statements (2.20)
20-2200 Amends §§ 3.12.020, 3.12.050,
3.12.070 (Transient Occupancy Tax),
§ 19.08.030(definitions), §§ 19.12.090,
19.12.120, 19.12.150, 19.12.080,
19.20.020 and 19.120.050, creating
Chapter 5.08 (Short-term Rental
Activity), regulating short-term rental
uses in residential zoning districts
20-2210 Amends § 11.24.150, parking
prohibited along certain streets (11.24)
20-2211 Urgency ordinance temporarily waiving
permit fees for certain temporary
commercial signs and banners (Not
Codified)
20-2213 Amends §§ 10.48.010, 10.48.051,
community noise control for leaf blower a
regulations (10.48)
2020 5-79
Cupertino-Comprehensive Ordinance List 48
5 Index
ATHLETIC EVENT BICYCLE
Regulations, permit Administration 11.08.020
See PARADES AND ATHLETIC EVENTS Attaching to vehicle, prohibited 11.08.170
Bicycle lanes
ATTORNEY, CITY designated 11.08.250
Assistant, acting, when 2.18.070 use regulations 11.08.190
Bond requirements 2.18.060 vehicles using prohibited 11.08.230
City staff, relations with 2.18.040 Definitions 11.08.010--11.08.015
Conflict of interest 2.64.020 Equipment requirements 11.08.130
Council, relations with 2.18.030 Impoundment 11.08.240
Eligibility 2.18.100 Lane position requirements 11.08.150
Employment agreement 2.18.080 License
Office established 2.18.010 serial numbers and identifying marks,
Powers, duties 2.18.020 prohibited acts 11.08.061
Public, relations with 2.18.050 Package carrying restrictions 11.08.220
Rental dispute mediation Pedestrian path use
appeal duties 2.78.080 exemptions 11.08.180
subpoena duties 2.78.040 restrictions 11.08.160
Staff 2.18.090 Regulations generally 11.08.020
Suspension, removal, resignation 2.18.110 Riding restrictions 11.08.210 j
Roller skates
AUDIT COMMITTEE See ROLLER SKATES
Chair 2.88.050 Routes designated 11.08.260
City powers unchanged 2.88.130 Skateboards
City staff 2.88.110 See SKATEBOARDS
Compensation, expense reimbursement 2.88.070 Traffic laws applicability 11.08.140
Established, composition 2.88.010 Violation, penalty 11.08.280
Meetings 2.88.060 Walking, pedestrian laws applicable 11.08.200
Members
at large 2.88.020 BICYCLE PEDESTRIAN COMMISSION
vacancy 2.88.040 Chairperson 2.92.040
Powers, duties 2.88.100 Compensation, expenses 2.92.090
Recordkeeping 2.88.090 Effect 2.92.110
Rules, regulations 2.88.120 Established, composition 2.92.010
Term 2.88.030 Meetings
Voting_ 2.88.080 majority vote required 2.92.060
procedural rules 2.92.100
AUTO COURT quorum 2.92.050
Business license tax rate 5.04.390 Members
terms of office 2.92.020
__B__ vacancy and removal 2.92.030
Powers and functions 2.92.080
BAGS Records required 2.92.070
See SINGLE-USE CARRYOUT BAGS
BAR
See RESTAURANT
BEEKEEPING
See ANIMALS
BELOW MARKET RATE HOUSING PROGRAM
Administration 19.172.030
Purpose 19.172,010
Requirements 19.172.020
2020 S-79
Cupertino -Index 6
BINGO BUILDING
Administrative authority designated 5.32.170 Address number visibility requirements 16.04.050
Authority 5.32.010 Electrical Code
Defined 5.32.020 See ELECTRICAL CODE
Equipment 5.32.090 Excavation, foundations, retaining walls
Financial interest limited 5.32.100 See EXCAVATION,GRADING,RETAINING
Hours 5.32.150 WALLS
Inspection authority 5.32.180 Fence
License See FENCE
applicant investigation 5.32.210, 5.32.220 Heating, cooling
application, contents 5.32.200 See MECHANICAL CODE
approval, conditions 5.32.240 Inspector
denial when 5,32.250 bingo license applicant investigation 5.32.220
fee 5,32.280 building moving permit issuance 16.36.050
nontransferable 5.32.310 Moving
records, opportunity to review 5.32.230 contiguous land 16.36.080
renewal 5.32.290 definitions 16.36.010
required 5.32.190, 5.32.270 metal tires prohibited 16.36.090
suspension, revocation notice required 16.36.040
appeal 5.32.330 permit
authority 5.32.320 application 16.36.030
notice 5.32.320 bond 16.36.060
Location 5.32.080 conditions 16.36.070
Minor, participation prohibited 5.32.040 fees 16.36.055
Organizations permitted to conduct 5.32.030 issuance, hearing 16.36.040
Participant to be present 5.32.140 required 16.36.020
Prizes, value 5,32.130 roller restrictions 16.36,100
Proceeds, charitable uses required 5.32.110 truck requirements 16.36.110
Provisions to supplement state law 5.32.350 supervisor, duties 16.36.120
Public access required 5.32.050 Plumbing code
Recordkeeping 5.32.120 See PLUMBING CODE
Reporting requirements 5.32.300 Preliminary soils report
Staffing, operation See Soils report
change, reporting, investigation 5.32.260 code adoption 16.12.010
generally 5.32.060 required 16.12.020
Violation, Penalty 5.32.360 Retaining wall
See EXCAVATION,GRADING,RETAINING
BOND WALLS
Attorney, city 2.18.060 Soils report
Auctioneer 5.08.020 approval 16.12.050
City clerk 2.20.040 building permit conditions 16.12.060
Excavation, grading permittee 16.08.150 code adoption 16.12.010
Manager, city 2.28.030 contents 16.12.030
Moving buildings 16.36.060 preparation 16.12.040
Private patrol 5.24.050 required 16.12.020
Public works contract 3.23.140 Swimming pool 16.04.400
Street improvement installation 14.04.170
Subdivision improvement security 18-1.808.2
Taxicab 5.28.150
Treasurer, city 2.24.040
It
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2015 5-47 4
C
17 Index
Penalties 14.15.180 Animal control
Prescriptive compliance option, 14.15.040 administrative authority 8.01.040
Public education 14.15.160 seizure hearing 8.06.040
Recycled water 14.15.090 Approved street tree enforcement 14.16.080
Soil analysis 14,15.080 Bicycle
Water budget calculation 14.15.070 enforcement 11.08.030
Water-efficient design element 14.15.060 lanes designation 11.08.250
Bingo license
LIBRARY COMMISSION applicant investigation 5.32.210, 5.32.220
Compensation 2.68.050 approval 5.32.240
Duties, powers, responsibilities 2.68.070 denial 5.32.250
Effect 2.68.080 Bingo, provisions administration 5.32.170
Established 2.68.010 Clerk, city, appointment 2.20.100
Meetings, quorum 2.68.040 Commission meetings, attendance 2.28.060
Records 2.68.060 Compensation, reimbursement 2.28.080
Terms of office 2,68.020 Created 2.28.010
Vacancy, removal 2.68.030 Departmental organization authority 2.48.030
Director of emergency services 2.40.050
LICENSE Eligibility, bond 2.28.030
See also PERMIT Garage, patio sale enforcement authority 5.16,060
Bicycle 11.08.020 Grocery store enforcement authority 5.36.060
Bingo 5.32.190, 5.32.270 Park and/or building permit issuance 13.04.040
Business Parks administration 13.04.220
See BUSINESS LICENSE Pedestrian regulations administration 11.09.020
Cat 8.08.350 Powers, duties 2.28.040
Commercial advertising 10,52.060 Relations with council 2.28.050
Dog 8.08.260 Sales and use tax, alternate, collection 3.09.050
Solicitor
LIQUOR administrative authority 5.20.100
Alcoholic beverages, gasoline concurrent sales identification permit
appeals 19.132.070 application investigation 5.20.020
applicability of provisions 19.132.020 revocation, duties 5.20.070 i
conditional use permit Street tree enforcement 14.12.040
findings, basis 19.132.050 Surplus sales officer duties 3.25.020
grant criteria 19.132.030 Suspension, removal, resignation 2.28.090
hearing 19.132.040 Taxicab driver license suspension,
purpose of provisions 19.132.010 revocation 5.28.180
restrictions generally 19.132.060 Temporary absence, replacement 2.28.070
Consumption, open container possession Traffic
prohibitions 10.49.010 speed limit signing 11.12.040
Violation, penalty 10.49.020 stop intersection signing 11.20.040
Water
LOADING ZONES department duties 15.12.090
See PARKING provisions enforcement 15.12.050
--M-- MARIJUANA 19.98.010
MANAGER, CITY
Abandoned, inoperative vehicle
enforcement 11.04.040
removal authority 11.04.061
storage notice 11.04.130
i
2020 S-79
Cupertino-Index 18
MARIJUANA, MEDICINAL AND ADULT USE OF MAYOR
Commercial marijuana activities 10.84.030 Employees' retirement system execution 2.56.020
Definitions 10.84.020
Enforcement, remedies and declaration of public MECHANICAL CODE
nuisance 10.84.050 Adoption of 2019 Mechanical Code based on the
Possession, delivery, distribution, and indoor 2018 Uniform Mechanical Code 16.24.010
cultivation of marijuana 10.84.040 Adoption of appendix chapters 16.24.015
Purpose 10.84.010 Name insertion 16.24.020
MASSAGE ESTABLISHMENTS, SERVICES MEDICINAL MARIJUANA
Conditions of premises 9.06.196 Commercial marijuana activities 10.84.030
Definitions 9.06.020 Definitions 10.84.020
Exemptions from provisions 9.06.030 Enforcement, remedies and declaration of public
Inspection of premises 9.06.230 nuisance 10.84.050
License, permit Possession, delivery, distribution, and indoor
See also MTO certificate, Permit cultivation of marijuana 10.84.040
application 9.06.050 Purpose 10.84.010
documentation 9.06.055
fee 9.06.060 MINIMUM WAGE
grounds for denial 9.06.070 Application of minimum wage to welfare-to-work
expiration and renewal 9.06.065 programs 3.37.110
required 9.06.040, 9.06.041 Authority, 3.37.020
suspension or revocation Definitions 3.37.030
appeals 9.06.220 Enforcement 3.37.090
grounds 9.06.200 Fees 3.37.120
hearing 9.06.210 Implementation 3,37.080
notice 9.06.210 Minimum wage 3.37.040
MTO certificate Notice, posting and payroll records 3.37.060
See also License, permit, Permit Relationship to other requirements 3.37.100
required 09.06.041 Retaliation prohibited 3.37.070
Operating requirements 9.06.193 Title 3.37.010
Permit Waiver through collective bargaining 3.37.050
See also License, permit, MTO certificate
massage establishment employees MINOR
permit requirements 9.06.080 See BINGO
massage therapist CURFEW
annual medical examination 9.06.160
criteria 9.06.110 MOBILE VENDORS
practical examination 9.06.120 See VENDORS, MOBILE
outcall massage
application 9.06.180 MOSQUITOES
criteria 9.06.190 Abatement
Prohibited acts 9.06.198 by city when 9.16.080
Purpose of provisions 9.06.010 cost
Sanitary conditions 9.06.196 See also Lien
Violation payment by owner 9.16.090
continuing 9.06.260 notice
alternative remedies 9.06.260 contents 9.16.050
penalty 9.06.250 when 9.16.040
public nuisance 9.06.240 Breeding places declared nuisance 9.16.020
2020 S-75