Under the direction of the Fire Chief, the Fire Department is authorized to enforce all ordinances of the city pertaining to the following:

   (A)   The prevention of fires;

   (B)   The suppression of dangerous or hazardous fires;

   (C)   The storage, use and handling of hazardous materials;

   (D)   The installation and maintenance of alarm systems and fire extinguishing equipment;

   (E)   The maintenance and regulation of fire escapes;

   (F)   The maintenance of fire protection and the elimination of fire hazards;

   (G)   The maintenance of exists; and

   (H)   The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

(1995 Code, § 3.04.010) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   The Chief, with the approval of the City Manager, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards, as may be necessary from time to time, to carry out the intent of this code.

(1995 Code, § 3.04.020) (Ord. 2022-17, passed 12-20-2022)

   Whenever necessary to make an inspection to enforce the provisions of this code, or whenever the Chief has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such a building or premises unsafe, the Chief or designee may enter the building or premises, at all reasonable times, to inspect the same or to perform any duty authorized by this code.

(1995 Code, § 3.04.030)

   Only authorized personnel shall operate or otherwise ride on any fire apparatus while en route to an emergency incident.

(1995 Code, § 3.04.040) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   No person shall tamper with, handle, remove or otherwise injure any hose, ladder, fire apparatus or other equipment belonging to the city.

(1995 Code, § 3.04.050) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   Except as directed by authorized personnel, it shall be unlawful for any person to interfere with any Fire Department personnel performing their duty.

(1995 Code, § 3.04.060) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   The Chief, or any other officer of the Fire Department in charge of the scene of a fire or other emergency involving the protection of life or property, shall have the authority to direct such operations as may be necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous situations and take any other action necessary in the reasonable performance of their duty.

(Ord. 2022-17, passed 12-20-2022)

   No person shall stop, park, or leave standing any vehicle, whether attended or unattended, except when in conflict with other traffic, in a fire lane. Fire lanes may be designated on public or private property. Any person in violation of this section is subject to an administrative fine. Vehicles may also be subject to removal at the owner's expense.

(1995 Code, § 3.04.070) (Ord. 2022-17, passed 12-20-2022)

   No person shall stop, park or leave standing any vehicle within ten feet of a fire hydrant, except as provided in the Cal. Vehicle Code § 22514.

(1995 Code, § 3.04.080) (Ord. 2022-17, passed 12-20-2022)

   All fires of suspicious cause shall be referred to Fire Department investigator(s) who shall complete the investigation to determine cause, to secure and process evidence and to apprehend and prosecute those involved in criminal activity.

(1995 Code, § 3.04.090) (Ord. 2022-17, passed 12-20-2022)

   Each member of the Fire Department is hereby granted police power to arrest any person violating any of the terms or provisions of this chapter. If the arrest is to be made at any time or place other than the site and time of the emergency incident where the crime was committed, the Police Department or Fire Department investigator shall make the arrest.

(1995 Code, § 3.04.100) (Ord. 2022-17, passed 12-20-2022)

   Failure to depart the lands and structures embraced within the emergency scene when requested to do so by Fire Departmental personnel, entering within clearly established boundaries denoting a restricted area, or violation of any of the other terms of this chapter are misdemeanors.

(1995 Code, § 3.04.110) (Ord. 2022-17, passed 12-20-2022)

   The city hereby adopts and incorporates into this code, as if fully set forth at length herein except as modified or amended by § 3.08.070, the following fire codes, standards and regulations to be controlling within city limits:

   (A)   The 2022 California Fire Code (CFC), which is drafted in the image of the 2021 International Fire Code (IFC), and which is found in the California Code of Regulations, Title 24, part 9, including Appendices B through N.

(1995 Code, § 3.08.010) (Ord. 2022-17, passed 12-20-2022; Ord. 19-11, passed 12-3-2019; Ord. 16-12, passed 11-1-2016; Ord. 13-07, passed 12-3-2013; Ord. 10-21, passed 12-7-2010; Ord. 07-30, passed 12-18-2007; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

   The California Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the city, which is hereby established and which shall be operated under the supervision of the Fire Marshal.

(1995 Code, § 3.08.020) (Ord. 2022-17, passed 12-20-2022; Ord. 19-11, passed 12-3-2019; Ord. 16-12, passed 11-1-2016; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1995 Code, § 3.08.030) (Ord. 2022-17, passed 12-20-2022; Ord. 2021-05, passed 12-21-2021; Ord. 19-11, passed 12-3-2019; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

   (A)   In order to enforce this chapter, only visual verification is required by an enforcement officer of where the offense occurred. Any person observed possessing dangerous or illegal fireworks, or accepting responsibility, may be issued a citation. In all other instances, any adult person legally entitled to reside at the location where it is reasonably believed dangerous or illegal fireworks originated may be cited.

   (B)   In addition to any other remedy, penalty, or punishment stated herein or authorized by state law, each person who possesses or causes to be ignited dangerous or illegal fireworks, or violates any other provision of state law, as it relates to the sale, possession, or use of dangerous and illegal fireworks shall be subject to the imposition of an administrative fine. The schedule of administrative fines for such violations shall be imposed as per § 3.08.040(D).

   (C)   Persons in possession of dangerous and illegal fireworks in excess of 5,000 pounds shall be punishable under Cal. Health and Safety Code § 12700(b)(4). Persons in possession of "destructive devices" as defined in Cal. Penal Code § 16460, shall be punishable under Cal. Penal Code § 18710.

   (D)   Each person who violates any section of this code shall be subject to the administrative fine as provided below:

 

 

   (E)   For purposes of calculating the fine amount as specified in this section, the number of offenses shall include every documented instance within a 36-month period.

   (F)   Fines collected pursuant to this section shall be utilized for the safe disposal of confiscated fireworks, public outreach to prevent the possession or use of illegal fireworks and for the continued enforcement of this section.

   (G)   Any duly appointed City of Tulare employee, as specified in this code, having the authority to issue an administrative citation, may lawfully enforce the provisions of this section.

   (H)   Any person wishing to appeal a citation as issued per this section, shall follow the procedures as established in §§ 1.61.010 and 3.25.010 of this code. An advanced deposit of 50% of the fine levied shall be required. This shall not preclude an appellant the right to apply for a hardship.

(Ord. 2022-17, passed 12-20-2022; Ord. 2021-05, passed 12-21-2021)

   The following sections of the 2022 California Fire Code (CFC) are amended and modified, for purposes of this chapter, as follows:

   Section 105.6.30 of the California Fire Code is amended to read:

   105.6.32.34 Open Burning. An operational permit is required for any open burning, which has been approved by the San Joaquin Valley Air Pollution Control District.

   Prohibited Open Burning. Notwithstanding other provision, open burning is prohibited as follows:

   3.   The fire code official is authorized to order the immediate extinguishment of any unauthorized open burning and may issue administrative citations and seek to recover costs in accordance with Sections 1.61 and 3.25 of this Code.

   C103.3 Maximum spacing. The maximum spacing between fire hydrants shall be 500 feet for residential development and 300 feet in commercial development.

   CC105.1 The average spacing between fire hydrants shall not exceed 300 feet for any school building.

   D103.5(l) Where a single gate is provided, the gate width shall be not less than 20 feet. Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 16 feet.

   The following list of CFC sections are not adopted by the City of Tulare and are hereby deleted:

   109.1 through 109.3 111.1 through 111.4

   307

   308.1 through 308.1.1

   308.1.6.1 through 308.1.6.2

   308.2

   308.3.1

   319

   Chapter 36

   Appendix #A

(1995 Code, § 3.08.070) (Ord. 2022-17, passed 12-20-2022; Ord. 19-11, passed 12-3-2019; Ord. 16-12, passed 11-1-2016; Ord. 15-01, passed 9-15-2015; Ord. 13-07, passed 12-3-2013; Ord. 11-04, passed 6-7-2011; Ord. 07-30, passed 12-18-2007; Ord. 06-2009, passed 3-21-2006; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

      (1)   Tulare Fire Department Fireworks Application Form;

      (2)   Property Use Agreement Form with required signatures;

      (3)   Certificate of Liability Insurance;

      (4)   State Fire Marshal Fireworks Retail License; and

      (5)   Copy of the organizations non-profit status, such as 501 C3 filing.

      (1)   The total number of fireworks permits available to the public shall be determined by one booth for every 4,500 persons residing within the city as determined by the Planning Department population statistics.

      (2)   (a)   Once approved for a fireworks permit, a qualified organization shall maintain the right to that permit from year to year unless terminated by any of the following:

            1.   A failure to engage in the business of retailing safe and sane fireworks in the city during the prior calendar year;

            2.   A safety violation that in the determination of the Fire Department created or had the potential to create a danger to the public;

            3.   A failure to maintain the requirements of this section; or

            4.   Any other violations of federal, state, or local law.

         (b)   Such termination is immediate. An appeal may be made to the City Council by giving notice to the City Manager within five days of receipt of the notice of revocation.

      (3)   If a permit becomes available, either due to termination, voluntary relinquishment, or an increase in population, a notice shall be posted publicly for a two-week application process. All completed applications will be reviewed and one eligible organization will be selected randomly by the City Clerk's office to fill the vacancy. Applications can be picked up at either the Fire Department or the City Clerk's office. All completed applications must be turned in to the City Clerk's office by the date and time specified in the public notice.

      (1)   Prior to issuance of a fireworks permit, a permit fee, as determined by the current fee schedule for fireworks booth investigation, must be tendered to the city upon receipt of permit.

      (2)   A $50 safety clean-up fee is required for each organization approved to sell. This fee is forfeited to the city in the event that the sales booth site is not left in a clean and orderly condition. Organizations forfeiting this fee must resubmit this fee prior to being permitted to sell the following year.

      (1)   Each application shall contain a description of the site desired. Written permission of the property owner must be included in the application.

      (2)   No booth shall be within 100 feet of any flammable liquid storage.

      (3)   No booth shall be placed closer than 30 feet to any building or structure.

      (4)   No booth shall be placed within 400 feet of another booth.

      (1)   All retail sales of fireworks shall be permitted only from within a temporary fireworks booth. The sale from any other building or structure is hereby prohibited.

      (2)   Fireworks booths need not comply with provisions of the Uniform California Building Code; provided the booth is erected under the supervision of the local Building Inspector who shall require the booth be constructed in a manner, which will, reasonably, ensure the safety of attendant and patrons.

      (3)   Each booth shall have a minimum of two exit doors.

      (4)   All lighting appliances used in the booth must be safe and in good condition, all bulbs or fluorescent tubes must be shielded against accidental breakage or contact. No heating devices of any kind are permitted in or near fireworks booths.

      (5)   All electrical wiring, including the power source, shall be installed to the satisfaction of the Building Inspector. Electrical wiring shall be at least 12 feet above the ground when subject to foot traffic, and 16 feet above the ground when subject to vehicle traffic.

      (1)   No person other than a member of the licensee organization will be permitted to sell or otherwise participate.

      (2)   All permits are non-transferable.

      (3)   All persons engaged in the selling of fireworks shall be over the age of 18 years. At least one person 21 years of age or older must be in attendance and in charge during the hours of booth operation.

      (4)   The hours of operations shall be limited as identified in division (B) of this section.

      (5)   Fireworks may be sold at the booth only.

      (6)   No sale or delivery thereof shall be made to any person under 16 years of age in accordance with Cal. Health and Safety Code § 12689(b).

      (7)   All permits and licenses shall be posted inside the booth.

      (8)   Broken or damaged fireworks are not to be sold. The items will be collected and a receipt issued so credit may be received from the vendor.

      (1)   Each stand shall be provided with two fire extinguishers, rated 2A10BC or better. Such equipment is to be serviceable and accessible during all business hours.

      (2)   No smoking is allowed within 50 feet of any booth.

      (3)   "No Smoking" signs shall be placed on all exterior sides of each booth and one such sign shall be posted within the booth.

      (4)   All weeds and combustible material shall be cleared from the location of the stand or within 30 feet thereof.

      (5)   No person shall light or cause to be lit any fireworks or other combustible article within 200 feet thereof.

      (1)   If, in the judgment of the Fire Chief or his or her agent or the Building Inspector or his or her agent, the construction of the booth or the conduct of the operation therein do not conform to the provisions of this section or if in any way the operation of the stand poses a threat to public safety, such officers or either of them, may have the permit revoked and/or the booth immediately closed.

      (2)   No person shall sell, store, hold or possess any fireworks classified as dangerous, including fire crackers, rockets or the like, from or within any booth. If such is discovered, the permit will be revoked and the booth immediately closed.

      (3)   Failure to remove all traces of the booth and/or any debris resulting from the operation thereof within 48 hours of the close of business on July 6, shall result in the loss of the cleanup security deposit.

      (4)   On the second Tuesday of May of each year, at 6:00 p.m., there shall be a meeting of all fireworks permittees and the Fire Marshal, at 800 South Blackstone in the city. Any organization failing to have a representative at this meeting will suffer loss of their permit.

(Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016; Ord. 18-06, passed 10-2-2018)

   Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Marshal to the Board of Appeals within 30 days from the date of the decision appealed.

(1995 Code, § 3.08.090) (Ord. 2022-17, passed 12-20-2022; Ord. 2021-05, passed 12-21-2021; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

   (A)   Except as specified below, any person who violates any of the provisions of this code or standards hereby adopted or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or by imprisonment not exceeding six months or by both the fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.

   (B)   (1)   In addition to any other remedies, penalties, or punishments stated herein, and to the fullest extent permitted by law, any person who violates any of the provisions of this code or standards shall also be responsible for all costs associated with the safe disposal of all confiscated fireworks as well as all expenses, costs, fees and fines associated with the investigation of the charges.

      (2)   The city shall provide cost reimbursement to the State Fire Marshal if required pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of dangerous and illegal fireworks seized by the city, which costs will be part of any administrative fine imposed. However, such cost reimbursement shall not be required unless and until the State Fire Marshal provides services for the disposal of dangerous and illegal fireworks.

      (3)   If the administrative fee, costs, or the cost of removal are charged against either 1) the owner of a parcel of land pursuant to this section; or 2) the person cited pursuant to § 3.08.040 who is also the property owner where the citation was given, and said fees, costs, or costs of removal are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs may be assessed against the parcel of land pursuant to Cal. Gov’t Code § 38773.5 and may be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

   (C)   The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(1995 Code, § 3.08.100) (Ord. 2022-17, passed 12-20-2022; Ord. 2021-05, passed 12-21-2021; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

   All ordinances and parts of ordinances in conflict with the provisions of this chapter are hereby repealed.

(1995 Code, § 3.08.110) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016; Ord. 13-07, passed 12-3-2013; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

   Outdoor fireplaces and other approved devices are allowed if they comply with the following conditions:

   (A)   Fuel is to be clean, dry wood and/or charcoal without coatings or preservatives. No debris, trash, garbage, demolition materials or yard waste shall be burned.

   (B)   The fire is contained in a fire bowl, fire pit, chiminea or outdoor fireplace that has a fire area not larger than three feet in diameter.

   (C)   A homemade fire bowl or pit is permitted if the fire area is not larger than three feet in diameter and one foot in height, and constructed of noncombustible material that contains the fire and its embers.

   (D)   An outdoor fireplace shall not be operated within ten feet of a structure or combustible material. Exception: Outdoor fireplaces used at one and two-family dwellings.

   (E)   Conditions such as dry weeds or other hazards that are nearby, or may cause a fire to spread from the outdoor fireplace, shall be eliminated prior to ignition.

   (F)   All fires shall be constantly attended by a responsible, non-impaired adult.

(Ord. 2022-17, passed 12-20-2022)

   Nothing in this code shall authorize or permit any act or condition which is prohibited by the San Joaquin Valley Unified Air Pollution Control District Regulations or the rules or regulations of any air pollution control district established pursuant thereto.

(Ord. 2022-17, passed 12-20-2022)

   In the event of a hazardous material release into or upon any land, water or air within the city, responsibility for scene management shall be the most appropriate agency or responsible party, as set forth in this chapter. The costs incurred by the city in cleaning up (mitigating) the effects of such a release shall be reimbursed by the person, firm or corporation found to be the responsible party for causing the release: Costs subject to reimbursement shall include those of the city for emergency response.

(1995 Code, § 3.16.010) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   For the purpose of this chapter, the following terms shall apply.

   (A)   May cause or significantly contribute to an increase in mortality, an increase in serious irreversible or incapacitating reversible illness; and/or

   (B)   May pose an unreasonable and imminent risk to the life, health or safety of persons, property or to the ecological balance of the environment when improperly released, treated, stored, transported, disposed of or otherwise managed.

(1995 Code, § 3.16.020) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   In the event of an emergency release of a hazardous material on public or private property, excluding street rights-of-way, within the limits of the City of Tulare, the Fire Department shall be responsible for scene management. In the event of a nonemergency release of hazardous material, the Fire Department may designate another more appropriate agency to manage the incident.

(1995 Code, § 3.16.030) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   In the event of an emergency or nonemergency release of a hazardous material on street rights-of-way contained within the limits of the city, the Fire Department shall have responsibility for scene management on all locally owned rights-of-way. Scene management of all state owned and maintained rights-of-way, including Freeway 99, shall be the responsibility of the California Highway Patrol.

(1995 Code, § 3.16.040) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   An emergency situation created by a hazardous material release which poses an imminent risk to the life, health or safety of persons, property or to the ecological balance of the environment shall be mitigated in the manner prescribed and pursuant to the direction of the Fire Department.

(1995 Code, § 3.16.050) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   In the event of any hazardous material release of any kind, or threat thereof, the Fire Department shall be notified immediately of the location, nature of release and any proposed course of action to mitigate the effects of the release or to prevent the release from occurring. Notification is necessary for the purpose of maintaining records of incidents and exposures occurring within the city.

(1995 Code, § 3.16.060) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   The costs for services incurred by the city resulting from a hazardous material release shall include, but not be limited to, the following: actual labor costs of city personnel, including all fringe benefits costs; temporary or permanent disability and/or medical expenses; administrative overhead; costs of equipment operation, repair or replacement; costs of material obtained directly by the city; cost of any contract labor; and any other reasonably related cost expended to mitigate the release.

(1995 Code, § 3.16.070) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   The expense of an emergency response may be charged against the person liable for expenses under this chapter. The charge constitutes a debt of that person and is collectible by the city or other public obligation under a contract, expressed or implied.

(1995 Code, § 3.16.080) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   In exceptional situations where it is difficult or impossible to comply with the strict letter of this chapter, any person, firm or corporation shall have the option to apply for an exemption from any provision of this chapter to the City Manager or designee. The City Manager/designee shall exercise those powers in such a way that the public welfare is secured. If an appeal has been initiated, the billing process will continue until the appeal is resolved. Appeal applications must be submitted within 90 days after the billing date.

(1995 Code, § 3.16.090) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   The city's Finance Department shall issue an invoice for the costs incurred in mitigating or causing the mitigation of the effects of a release. Payment shall be due and payable within 15 days after the billing date. Failure to pay after 60 days from the billing date shall result in an additional ten percent late charge. Unpaid bills may be referred to a collection agency after 90-days' delinquency or be assessed against the parcel of land involved in the incident pursuant to Cal. Gov’t Code § 38773.5 and shall thereafter be transmitted to the Tax Collector for collection.

(1995 Code, § 3.16.100) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

   This chapter is constructed to serve the following purpose:

   (A)   To empower the City Manager or his or her designee to prepare a plan of operation for the management of disasters and other catastrophic events. This plan is to be developed in accordance with state and federal guidelines using National Incident Management;

   (B)   To provide for the protection of persons and property within the City of Tulare in the event of such disasters;

   (C)   To provide for the coordination of the emergency operational functions of the city with all other affected agencies; and

   (D)   To sanction expenditures made in connection with such disasters, including mutual aid activities, as conclusively required for the direct protection and benefit of the inhabitants and property in the city.

(1995 Code, § 3.20.010) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016; Ord. 05-2001, passed 1-3-2006; Ord. 96-1793, passed - -1996)

   Except where the context otherwise requires, the following definitions shall govern the construction of this chapter.

(1995 Code, § 3.20.020) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016; Ord. 05-2001, passed 1-3-2006; Ord. 96-1793, passed - -1996)

   In the event an emergency situation overwhelms or threatens to overwhelm local resources, or the proclamation of a state of disaster by the Governor, or in the event of a war-caused state of extreme emergency, the official performing the duties of the Director of the Emergency Operations Center (EOC), as authorized in the city's Emergency Operation Plan, is hereby empowered to perform the following acts:

   (A)   Activate the Tulare EOC and provide necessary staffing;

   (B)   Make a declaration of a local state of emergency, the declaration to be ratified by the City Council at its next regular meeting;

   (C)   Cause the dissemination of appropriate warning signals and issue suitable advisory information to the Emergency Council and the public;

   (D)   Advise the Tulare Operational Area EOC of the situation and activation of the city's local EOC; and

   (E)   Request mutual aid through the California Office of Emergency Services if local deficiencies of personnel and/or equipment are indicated by the service chiefs.

(1995 Code, § 3.20.030) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016; Ord. 05-2001, passed 1-3-2006; Ord. 96-1793, passed - -1996

   It shall be unlawful for any person to perform any of the following acts during a disaster:

   (A)   Willfully obstruct, hinder or delay any member of the Emergency Service Organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon him or her by virtue of this chapter;

   (B)   To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if the act is of such a nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives or property of inhabitants of the city, or to prevent or delay the defense or protection thereof; and/or

   (C)   To wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the federal government or the State of California.

(1995 Code, § 3.20.040) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016; Ord. 05-2001, passed 1-3-2006; Ord. 96-1793, passed - -1996)

   Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $500 or by imprisonment in the County Jail for not more than six months, or both fine and imprisonment.

(1995 Code, § 3.20.050) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016; Ord. 05-2001, passed 1-3-2006; Ord. 96-1793, passed - -1996)

   It is unlawful, and declared a nuisance, when any person owning, leasing, or charged with the management of any undeveloped property, over one acre in size, is maintained in such a way that it constitutes a fire hazard as per the following condition:

   (A)   To maintain a property, including sidewalks and parkways adjacent thereto, containing dry or dead weeds, grasses, trees, shrubs, tumbleweeds or any other dry vegetation in a manner of growth to constitute a fire hazard.

(Ord. 2022-17, passed 12-20-2022)

   In an effort to maintain consistency and efficiency, the abatement process shall be followed as per the following sections of this code: §§ 7.28.150, 7.28.170, 7.28.180, 7.28.190, 7.28.200, 7.28.240 and 7.28.260, or any other procedure allowed by law.

(Ord. 2022-17, passed 12-20-2022)

   The City Council of the City of Tulare in an effort to more efficiently administer all fines, as referenced within each chapter of the Tulare Municipal Code and associated with its administrative citation process hereby sets forth an Administrative Fine Schedule to be established and adopted by resolution.

(Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016; Ord. 10-15, passed 4-20-2010)