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HomeMy WebLinkAbout3E-18 ORDINANCE NO. 3~E-18 AN EMERGENCY ORDINANCE OF THE CITY OF SARATOGA DIRECTED AT THE ERADICATION OF THE MEDITERRANEAN FRUIT FLY, TO TAKE EFFECT IMMEDIATELY WHEREAS, a multimillion dollar industry of this county and a multibillion dollar industry of the State of California is the export of a large variety of fruits to markets all over the world; and WHEREAS, the Mediterranean fruit fly in its larval stage is highly destructive of the fruit and vegetables of a large number of the plants grown in this state, county and city; and WHEREAS, the United States Department of Agriculture and the California Department of Food and Agriculture have determined that infestations of the Mediterranean fruit fly exist in parts of the County of Santa Clara including por- tions adjacent to the City of Saratoga; and WHEREAS, the Governor has declared the existence of a state of emergency in this county due to the Mediterranean fruit fly infestation; and WHEREAS, the removal' from the plant and proper disposal of the fruit and vege- tables known to serve as a host to the Mediterranean fruit fly is an effective means of eradication of this pest or of reducing its population to levels of concentra- tions that can be combatted suc6essfully by means other than the use of aerial chemical sprays; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. DECLARATION OF EMERGENCY. Based on the facts set forth in the recitals above, the City Council finds and declares that an emergency exists within the City of Saratoga from the presence of concentrations of the Mediterranean fruit fly in certain areas adjacent to the city. SECTION 2. REMOVAL OF FRUIT.AND VEGETABLES. On or before the 27 day of February , 1981, all fruit and vegetables at whatsoever stage of growth shall be removed from any plant and from the ground under and around any plant of a type listed in Section 4 of this ordinance and thetsame shall be disposed of in the manner set forth in Section 3 of this ordinance. SECTION 3. DISPOSITION OF FRUIT.AND VEGETABLES. All fruit and vegetables removed from,any plant or from the ground under or around any plant listed,in Section 4 of this ordinance shall be placed in a heavy duty plastic bag or bags none of which shall exceed 40 pounds in weight and each of which shall be sealed and marked with white tape. A maximum of three bags per week may be placed on the curb for collection in normal course bytthe refuse collection franchisee or all bags may be transported to the bins provided for the purpose of disposal of fruit and vege- tables located at: Village Parking District #1 on Fourth Street Civic Theatre parking lot, corner of Fruitvale and Allendale City property at corner of Cox and Saratoga-Sunnyvale Road Oak Creek Shopping Center, Saratoga-Sunnyvale Road Quito Shopping Center, Cox Avenue SECTION 4. LIST OF PLANTS SUBJECT TO ORDINANCE. The following plants are subject to the fruit removal requirement set forth in Section 2 of this ordinance. a. All citrus, including without limitation orange, lemon, tangerine, grapefruit, tangelo, kumquat, lime and limequat. b. Persimmons (all varieties) c. Avocados (all varieties) d. Guava (all varieties) e. Quince (all varieties) f. Apples (all varieties) g. Pears h. Figs i. Loquat j. Winter squash k. Tomatoes 1. Peppers SECTION 5- PERSONS RESPONSIBLE FOR REMOVAL OF FRUIT.AND VEGETABLES. Each person, firm, company, partnership, association, corporation or political entity enjoying possession of real property upon which one or mere of the plants listed in Section 4 of this ordinance is growing, shall be responsible for complying with each and every requirement of this~ordinance. SECTION 6. EXEMPTION. Any person who by reason of physical infirmity is unable to remove some or all of the fruit and vegetables that he or she otherwise would be required to remove pursuant to Section 2 of this ordinance, shall in lieu of such duty to remove be required to notify, by mail or telephone or in person the Director of Community Services of the City of Saratoga or the designated Volunteer Coordinator of the existence of fruit and vegetables subject to removal under this ordinance. Such notice shall be given within the time allotted for removal in Secti~on 2 of this ordinance. SECTION 7. PENALTY. Any person, firm, company, partnership, association, or corporation'v!olating any provision of this ordinance, shall be guilty of an in- fraction and shall be supject to a general penalty as provided in the City Code, Section I-7, and such penalty shall be a fifty dollar ($50..00) fine plus a twenty dollar ($20.00) penalty and assessment fee. Any condition caused or permitted to exist in violation of any provision of this ordinance is a public nuisance and may be summarily abated, and each day such condition continues shall be regarded as a new and separate offense. SECTION 8. SOURCE OF POWER TO ACT. This ordinance is enacted pursuant to the power granted to the City Council pursuant to the Government Code andis enacted in support of the action of the Governor of the State of California in his Declaration of a State of Emergency dated December 24, 1980. SECTION 9- ENVIRONMENTAL ASSESSMENT. This ordinance and the actions required to be taken thereunder are exempt from the provisions of Section 21000, et. seq., of the Public Resources Code pursuant to Title 14, Cali'fornia Administrative Code, Section 15071 as specific actions necessary to prevent or mitigate an emergency. SECTION 10. INTERPRETATION. In the event any provision of this ordinance conflicts with any provision of any other ordinance, resolution, regulation, rule, order, or permit of the City of Saratoga, the provisions of this ordinance shall govern and control over the provisions i6 confl'ict therewith for the duration of the emergency and until termination of this ordinance. Nothing in this ordinance shall be construed to be contrary to any provision set forth in any quarantine order or declaration of a state of emergency issued by an official duly empowered to so act on behalf Of the State of California or the United States. SECTION 11. URGENCY MEASURE: EFFECTIVE DATE. This Council hereby declares this ordinance to be necessary as an emergency measure for the immediate preserva- tion of the public peace, health, or safety and the reasons for its urgency are set for herein above. In accordance with Government Code Section 36937, this ordinance shall take effect upon its adoption. SECTION 12. POSTING AND PUBLICATION. The City Clerk is directed to cause this ordinance to be published at least once in the Saratoga News, the official newspaper of the City of Saratoga, within fifteen days after its adoption. The above and foregoing o~dinance was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 21 day of January , 1981, by the following vote: AYES: Councilmembers Clevenger, Jensen, Mallory, Watson, and MayorCallon NOES: N~ne ABSENT: None ATTEST: CITY CLEF{K APPR AS TO OF{M: " The above and forcaoing is a true and correct copy of Ordinance 3 F_-, ,f which has been published according to law. -_ Deputy City C!erk n,,+o t