4-1 1 HEALTH

Title 11 of the Los Angeles Code as adopted by Los Angeles County Ordinance No. 7583 effective September 25, 1959, as subsequently amended from time to time as set forth in the reprinted edition of said code dated October 7, 1997, and Chapter 8.04 of Title 8 of said code, as further amended by Ordinance No. 97-0071 of the County of Los Angeles, effective January 16, 1998, including the Rules and Regulations of the Los Angeles County Health Department appended thereto, as revised April 1979, in accordance with Section 11.02.160 of said code, is, except as hereinafter provided in this article, hereby adopted as the Health Code of the City, and by this reference made a part of this code with the same force and effect as though set out in full herein.

Said Los Angeles County Public Health Code, as amended, including said Rules and Regulations, is on file and open to public inspection in the office of the City Clerk. [Formerly numbered Section 17-1; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3560, eff. 11/04/00; 2285.]

4-1-102: SHORT TITLE OF LOS ANGELES COUNTY PUBLIC HEALTH CODE:

In this code and any ordinance or resolution of the City where the phrase “Los Angeles County Public Health Code”, “Public Health Code” or “Health Code” appears, such phrase shall be deemed and construed to refer to Title 11 (Health and Safety) and Chapter 8.04 of Title 8 (Public Health Licenses) of the Los Angeles County Code, as adopted and amended in this article. [Formerly numbered Section 17-2; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3560, eff. 11/04/00; 2285.]

4-1-103: AMENDMENTS TO LOS ANGELES COUNTY PUBLIC HEALTH CODE:

The Los Angeles County Public Health Code, as adopted by Section 4-1-101 of this article, is amended as follows:

A. Divisions 3 and 4 of Title 11 are hereby deleted.

B. Chapters 11.15, 11.46, and 11.51 of Title 11 are hereby deleted.

C. Chapter 11.20 of said Code is hereby deleted with the exception of Sections 11.20.080, 11.20.150, 11.20.170, 11.20.200, 11.20.280, 11.20.290, 11.20.300, 11.20.320, 11.20.330, and 11.20.340.

D. Sections 8.04.030 through 8.04.062, 11.16.090, 11.50.010, and 11.50.040 through 11.50.120, of said Code are hereby deleted. [Formerly numbered Section 17-3; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3560, eff. 11/04/00; 2503, 2285.]

4-1-104: NUMBERING OF CODE:

In order to provide consistency between this article and the provisions of the Los Angeles County Code which is adopted herein, the actual section of the Los Angeles County Code shall be retained in this article and shall be preceded by the prefix 4-1-101-1. For example, a violation of the posting requirements for the letter grades, section 8.04.752 of the Los Angeles County Code, shall be cited as a violation of this code, section 4-1-101-1-8.04.752; a violation of the sanitation requirements for laundries, section 11.26.020 of the Los Angeles County Code, shall be cited as a violation of this code, section 4-1-101-1-11.26.020. [Added by Ord. No. 3560, eff. 11/04/00.]

ARTICLE 2. HOMES FOR AGED, MENTAL INSTITUTIONS, PRIVATE SCHOOLS, NURSERIES, AND CHILDREN’S BOARDING HOMES

4-1-201: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, the following terms shall mean:

CHILDREN’S BOARDING HOME: Any institution or establishment providing room and board for the reception and care of one or more children below the ages of eighteen (18) years, regardless of sex, unrelated to the caretaker, in the absence of parents or guardian, and with or without compensation.

DAY NURSERY OR DAY NURSERY SCHOOL: Any institution or establishment providing daycare for children between the ages of two (2) years and four (4) years and six (6) months, inclusive, but shall not include any day nursery or day nursery school maintained by any public school or the Federal Government.

HOME FOR AGED: Any institution, boarding home or other place for the reception or care of one or more aged persons sixty five (65) years of age or over, except any hospital as defined in Section 1401 of the Health and Safety Code of the State.

MENTAL INSTITUTION: Any hospital, sanitarium, home or other place receiving or caring for any insane, allegedly insane, mentally ill, or other incompetent person.

PRIVATE BOARDING SCHOOL: Any institution or establishment providing room and board and giving a course of training similar to that given in any grade of public school from kindergarten to the twelfth grade, inclusive, but shall not include any institution or establishment maintained by any public school.

PRIVATE DAY SCHOOL: Any institution or establishment providing a course of training similar to that given in any grade of public school from kindergarten to the twelfth grade, inclusive, but shall not include any institution or establishment maintained by any public school, nor to any parochial school. [Formerly numbered Section 17-6; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-202: LICENSE AND FEES:

A. License Fee: Every person conducting or maintaining any of the institutions or establishments regulated by this article shall pay a license tax of twelve dollars ($12.00) per year.

B. Application Fee: Every application for a license hereunder, or renewal thereof, shall be accompanied by an application fee of ten dollars ($10.00), if the application is for the conduct and maintenance of any type of services or establishments, for a capacity of twenty four (24) or less children or aged or mentally ill persons; or fifteen dollars ($15.00), if the application is for the conduct or maintenance of one type of services or establishment, or two (2) or more types of services or establishment at one location, for a capacity of twenty five (25) or more children or aged or mentally ill persons.

C. Renewal: Applications for renewal shall be filed at least ten (10) days before the expiration of the license period. [Formerly numbered Section 17-7; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 3. RESERVED

ARTICLE 4. PEST CONTROL

4-1-401: RODENTS, FLIES AND VERMIN²:

A. Insanitary Premises Prohibited: No person shall maintain any building, premises, lot, vehicle or other place in such an insanitary condition as to encourage the breeding or harboring of rats, mice, flies, bedbugs, cockroaches, lice, fleas or vermin therein or thereon.

B. Ratproofing; When Required; How Accomplished: No person shall own, use or maintain any premises, or portion thereof, for a poultry or rabbit slaughterhouse or for the storage, handling, manufacturing, preparation, display or sale of any grain, grain products, food or food products for animal consumption, unless such premises or portion thereof be ratproofed. This requirement shall not apply to premises in existence and being used upon the effective date of this section for the purposes specified herein, unless they are, or hereafter become, harborage for, or infested with, rats or mice, and the Health Officer orders such premises be ratproofed.

C. Rodent Infested Premises And Material; Notice To Exterminate And Ratproof: Whenever any premises becomes infested with rats or mice, or whenever any material becomes infested with rats or mice or whenever any premises or material becomes a harborage for rats or mice, the Health Officer may serve a notice upon the person owning, occupying or using such premises, or the premises upon which such material is located, to proceed at once and to continue in good faith to endeavor to exterminate and destroy the rats or mice on the premises or to elevate the infested material above the ground or floor with a clear and intervening space of at least eighteen inches (18") thereunder. Such notice shall state the method of extermination to be used, whether all or specified portions of the infested premises shall be ratproofed, and shall require compliance therewith within a stated time. No person receiving such notice shall fail, neglect or refuse to comply with the same. [Formerly numbered Section 17-28; renumbered by Ord. No. 3058, eff. 2/21/87; 2336, 2338.]

ARTICLE 5. PARAMEDIC AMBULANCE SERVICE

4-1-501: SERVICE ESTABLISHED:

The Fire Department shall provide emergency medical services consisting of mobile intensive care paramedic and ambulance transportation services in the City under the supervision and direction of the Fire Chief. [Added by Ord. No. 2682; formerly numbered Section 17-29; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-502: FEES:

A. Automatic Adjustment Of Fees: Fees and charges relating to paramedic services as designated in the Burbank Fee Resolution shall be updated and changed annually on July 1 each year beginning July 1, 1993, by an annual adjustment made by multiplying each rate and fee by the Los Angeles-Long Beach Consumer Price Index (CPI) for all urban consumers of the preceding April and by dividing the result of said multiplication by the same index of April of the previous year, as reported by the CPI Detail Report, Bureau of Labor Statistics.

B. Exception; Action by Council: Nothing in this section shall prevent the Burbank City Council from making permit and fee adjustments greater or less that indicated by the above calculation. An automatic adjustment as provided in this section shall not become effective until the thirty first day after the Chief has provided the Council with written notification of such adjustment. The Chief shall file with the City Clerk a certification in a form approved by the City Attorney demonstrating compliance with this subsection. [Added by Ord. No. 2682; formerly numbered Section 17-30; Amended by Ord. No. 3294, eff. 8/1/92; 3058.]

4-1-503: COLLECTION:

The Community Development Department shall have the authority and responsibility to bill and collect for all monies due the City from such ambulance service. [Added by Ord. No. 2682; formerly numbered Section 17 31; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

4-1-504: EMERGENCY SERVICES ONLY:

Transportation provided by City ambulance shall be for emergency purposes only as determined by Base Station Hospital doctors or Fire Department paramedics. Patients in need of nonemergency ambulance transportation shall be referred to private ambulance services. [Added by Ord. No. 2682; formerly numbered Section 17-32; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-505: DESTINATION:

In the absence of decisive factors to the contrary, an ambulance driver shall transport emergency patients to the most accessible emergency medical facility equipped, staffed and prepared to administer care appropriate to the needs of the patients. As used in this section “decisive factors to the contrary” shall include, but shall not necessarily be limited to, radioed instructions from the staff of the Base Station Hospital, written instructions signed by the patient, or, if the patient is unable to sign such request, by a member of the patient’s immediate family (a parent, legal guardian, spouse or adult children), or by the patient’s physician, provided, however, only upon instructions from the staff of the Base Station Hospital may such destination include a hospital or medical facility located outside the boundaries of the City. Patients requesting transportation to other hospitals or medical facilities of their choice shall be directed to arrange for transfer ambulance or paramedic transportation by private ambulance or paramedic services.

Except as otherwise provided by this section, “decisive factors to the contrary” shall also mean that patients picked up on or west of Main Street, in a northwesterly direction to Victory Boulevard, along Victory Place to San Fernando Boulevard shall be transported to St. Joseph Medical Center, and patients picked up east of said streets shall be transported to Burbank Community Hospital. [Added by Ord. No. 2682; formerly numbered Section 17-33; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-506: EXEMPTIONS FROM FEES:

A person in custody of the Police Department or an employee of the City injured or suddenly ill while on duty to or for whom said service is furnished by the City shall be exempt from the payment of fees for such service. [Added by Ord. No. 2682; formerly numbered Section 17-34; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 6. PUBLIC SAFETY ALARM SYSTEMS

4-1-601: TITLE:

This article shall be referred to as the PUBLIC SAFETY ALARM SYSTEM ORDINANCE. [Added by Ord. No. 2979; formerly numbered Section 17-40; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-602: PURPOSE:

The purpose of this article is to set forth regulations governing burglary, robbery, fire, and medical assistance alarm systems within the City; to reduce false alarms; to require registration of alarm systems; and to provide the authority to establish fees. [Added by Ord. No. 2979; formerly numbered Section 17-41; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-603: DEFINITIONS:

Unless the context otherwise clearly indicates, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article.

ALARM AGENT: Any person who is registered as an alarm agent with the Bureau of Collection and Investigative Services, pursuant to the provisions of Division 3, Chapter 11.6 (commencing with Section 7590) of the Business and Professions Code and doing business as such within the corporate limits of the City of Burbank.

ALARM COMPANY OPERATOR: Any person licensed as an alarm company operator by the Bureau of Collection and Investigative Services pursuant to the provisions of Division 3, Chapter 11.6 (commencing with Section 7590) of the Business and Professions Code and doing business as such within the corporate limits of the City of Burbank.

ALARM OFFICER: With regard to burglary or robbery alarm systems, the Chief of Police of the City of Burbank, and with regard to fire or medical assistance alarms, the Fire Chief of the City of Burbank, or their respective designees.

ALARM SUBSCRIBER: Any person who purchases, leases, contracts for, or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system.

ALARM SYSTEM: Any mechanical or electrical device which is designed or used for the detection of burglary, robbery, fire, or need for medical assistance within a building, structure, or facility, or for alerting others to a hazard or to the commission of an unlawful act within a building, structure or facility, or both which emits a sound or transmits a signal or message when actuated and which is designed to elicit a response from the Police Department or Fire Department. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms, and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside the protected building, structure or facility are not included within this definition. An alarm system includes all of the necessary equipment designed and installed for the detection of burglary, robbery, fire, need for medical assistance, or other hazard in a single building structure, or facility, or for alerting others to the commission of an unlawful act within a building, structure, or facility.

AUDIBLE ALARM: A device designed for the detection of unauthorized entry on certain premises which generates an audible sound on such premises when it is actuated.

AUTOMATIC DIALING DEVICE: An alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect.

DIRECTOR: The officer or employee of the City designated by the City Manager as having direct authority and responsibility for the business licensing functions of the City, or the designee of such Director.

EMERGENCY: Any condition which results in, or which could result in, the response of police or fire personnel or any condition which jeopardizes or could jeopardize public safety.

FALSE ALARM: An alarm signal activated from any alarm system which is responded to by personnel of the Police Department or Fire Department and for which no emergency situation exists or existed as determined by the responding personnel. The term “false alarm” shall not include alarms caused by hurricanes, tornadoes, earthquakes or other extraordinary circumstances determined by the Alarm Officer to be clearly beyond the control of the alarm subscriber.

NONRESPONSE STATUS: That category of police or fire service whereby the Police Department or the Fire Department will not respond to a specified alarm system.

PROPRIETOR ALARM: An alarm which is not serviced by an alarm agent or alarm company operator. [Added by Ord. No. 2979; formerly numbered Section 17-42; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-604: ALARM SYSTEM REGISTRATION CERTIFICATE:

A. Registration Certificate Required: No alarm subscriber shall install, replace, maintain, or operate an alarm system without applying for and receiving an alarm system registration certificate in accordance with the provisions of this section. Any alarm system which has been installed, replaced, maintained, or operated without the benefit of a valid registration certificate may be placed on nonresponse status by the Alarm Officer according to the procedures delineated in Section 4-1-611 of this article until a registration certificate has been issued or renewed.

B. Applications: Applications for an alarm system registration certificate shall be filed with the Director on forms provided by the Director. The application shall be signed and verified by the alarm subscriber and shall contain such information as the Director may deem necessary. If the Director finds the application is complete, a registration certificate shall be issued. Registration certificates for alarm systems shall not be transferable. Applications for alarm system registration certificates and the information contained thereon shall be confidential and the Alarm Officer and Director shall not release such application or the information contained thereon to any person except as may be necessary in the administration and enforcement of the provisions of this article.

C. Fees: An alarm subscriber applying for or renewing an alarm system registration certificate shall pay the fee designated in the Burbank Fee Resolution. Such fee shall not exceed the cost to the City in processing the application.

D. Alarm Requirement: The alarm subscriber shall supply on the application for registration certificate the names, addresses, and phone numbers of at least three (3) persons to notify in the event of an alarm activation. If the alarm subscriber has arranged for a service contract with an alarm company operator, or any other service company, which operates on a twenty four (24) hour basis, emergency telephone numbers of such company shall be deemed to satisfy this requirement.

E. Duration: Each registration certificate issued pursuant to this article shall be valid for such period or periods as may be established by the Director.

F. Display of Registration Certificate: The registration certificate shall be kept on the premises where the alarm system is located and shall be posted according to regulations promulgated by the Director.

G. Rules and Regulations: The Director shall promulgate rules and regulations implementing the provisions of this section and Sections 4-1-606 and 4-1-607 of this article. Such rules and regulations may include, but need not be limited to, establishing criteria for the waiver of fees required under this section and Section 4-1-607 consistent with the intent and purpose of this article. [Added by Ord. No. 2979; formerly numbered Section 17-43; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-605: SILENCING ALARM SYSTEMS:

Upon notification by the Alarm Officer that an alarm system is activated, the alarm subscriber, or the representative or alarm agent of the alarm subscriber, shall immediately proceed to silence the alarm. The silencing shall be completed within fifteen (15) minutes after notification when the alarm system is protecting a residential structure or within thirty (30) minutes when the alarm system is protecting a commercial or industrial structure. Alternately, the alarm system may be equipped with an automatic shut off device which shall silence the alarm within fifteen (15) minutes after activation when the alarm system is protecting a residential structure or within thirty (30) minutes of activation when the alarm system is protecting a commercial or industrial structure, thus eliminating the need for personal responses otherwise required by this section. [Added by Ord. No. 2979; formerly numbered Section 17-44; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-606: ALARM BUSINESSES AND AGENTS:

All alarm company operators and alarm agents shall register their name and file a copy of their state identification card, license, or registration certificate with the Director. Each alarm agent while engaged in the duties of an alarm agent shall carry on such agent’s person at all times the state identification card, license, or registration certificate and shall display same to the Alarm Officer when requested. [Added by Ord. No. 2979; formerly numbered Section 17-45; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-607: NOTICE OF CHANGE:

Whenever any change occurs relating to any information required by this article, the person required to provide such information shall give written notice thereof to the Director within ten (10) days of such change. [Added by Ord. No. 2979; formerly numbered Section 17-46; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-608: ALARM SYSTEMS STANDARDS:

All alarm systems shall conform with the provisions of Title 9, Chapter 1, Article 8 of this code (Uniform Electrical Code), if applicable. [Added by Ord. No. 2979; formerly numbered Section 17-47; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-609: MAINTENANCE AND INSPECTIONS:

A. Maintenance: Each alarm subscriber shall maintain each alarm system in good working order, and provide the necessary service to prevent malfunctions.

B. Inspections: Each alarm subscriber shall cause each alarm system to be inspected regularly, by a representative of the company with a service contract or other person qualified to inspect and service such equipment, at least once every twelve (12) months. Inspections shall be complete enough to detect any likely malfunctions and may include testing of the equipment. Particular attention shall be paid to the conditions that have the potential of causing false alarms. The person making the inspection shall provide a written report to the alarm subscriber, and the report shall be kept on the premises for two (2) years, subject to being shown to the Alarm Officer when requested. [Added by Ord. No. 2979; formerly numbered Section 17-48; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-610: REIMBURSEMENT FOR FALSE ALARM:

An alarm subscriber shall reimburse the City for the cost of the Police or Fire Department personnel and equipment response to each false alarm in the amount designated in the Burbank Fee Resolution. [Added by Ord. No. 2979; formerly numbered Section 17-49; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-611: MAINTAINING A PUBLIC NUISANCE ALARM:

An alarm subscriber shall not operate an alarm system which generates more than three (3) false alarms in a ninety (90) day period, or five (5) false alarms in a one hundred eighty (180) day period, or six (6) or more false alarms in any twelve (12) month period. Any alarm system operated or maintained in violation of this section shall be deemed a public nuisance. In addition to any other remedy available to the City, including the collection of any charge or fee required by this article, the Alarm Officer may, in such officer’s discretion, place an alarm system operated or maintained in violation of this section on nonresponse status according to the procedures delineated in this section.

A. Notice: The Alarm Officer shall provide the alarm subscriber ten (10) days written notice of nonresponse status. The nonresponse status shall not become effective until the notice period has lapsed.

B. Review: The alarm subscriber may request the Alarm Officer to review and reconsider the decision to place an alarm system on nonresponse status. In the event a request for review is filed during the ten (10) day notice period, nonresponse status shall not become effective until the fifth day following notice of the Alarm Officer’s decision on such request for review. The request for review shall contain all pertinent information and evidence the alarm subscriber deems appropriate for the Alarm Officer’s decision.

C. Compliance: An alarm system shall remain on nonresponse status until such time as the alarm subscriber provides a written report, and such other evidence as the Alarm Officer deems appropriate, describing the causes of the false alarms which resulted in the alarm system being placed on nonresponse status and the action taken to terminate or remedy such causes. Nonresponse status shall not terminate until the Alarm Officer finds that repair and corrective action adequate to remedy the causes for the false alarms have been effected and the alarm subscriber has paid the fee specified in the Burbank Fee Resolution. [Added by Ord. No. 2979; formerly numbered Section 17-50; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-612: EXEMPT ALARMS:

A. Automobile Alarms: The provisions of this article shall not apply to audible alarms affixed to automobiles.

B. Alarm Officer: The provisions of this article shall not apply to any alarm system installed or maintained by the Alarm Officer.

C. Telephone Systems: The provisions of this article shall not apply to any auxiliary devices installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system. [Added by Ord. No. 2979; formerly numbered Section 17-51; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-613: AUTOMATIC DIALING DEVICE PERMIT:

A. Permit: No person shall use or operate an automatic dialing device without having a permit therefor from the Director.

B. Application for Permit: Applications for permits under this section shall be made on such forms as may be prescribed by the Director and shall be signed by the alarm subscriber and the person who provides or installs such device. Each alarm subscriber shall provide the Director with an agreement on the part of both the alarm subscriber and the person who furnishes or installs such device that:

1. Such device will be programmed to initiate and deliver the recorded message or signal only to such City telephone number or numbers as may be assigned by the Director or an authorized representative; and

2. They will promptly notify the Director if the use of such device is discontinued; and

3. In the event such device malfunctions and there is a failure to correct the cause thereof within twenty four (24) hours after being so notified, they will pay to the City an amount designated in the Burbank Fee Resolution.

C. Application and Inspection Fees: Any such application shall be accompanied by an application fee as designated in the Burbank Fee Resolution. If in the opinion of the Director an inspection of the premises where such device is to be located is necessary or desirable, an inspection fee shall be paid. Prior to issuing any such permit, the Director may require such applicants to present for examination and inspection the device which applicants propose to install and such other information relating to such device as may be necessary to establish its adequacy and suitability for the purpose intended.

D. Permit: Any permit issued by the Director pursuant to the provisions of this section shall specify the City telephone number or numbers to which any such device may be programmed. It shall be unlawful for the persons to whom such a permit is issued to utilize any City telephone number other than the number or numbers specified in such permit.

E. Revocation of Permit: Any permit issued pursuant to the provisions of this section may be revoked by the Director at any time for any of the following reasons:

1. The use of such device or devices substantially impairs the City’s communications facilities.

2. Failure to properly maintain and service such device.

3. Failure to pay any amounts due by reason of the malfunctioning of such device.

4. Failure to take necessary corrective action to prevent false alarms. [Formerly numbered Section 17-52; renumbered by Ord. No. 3058, eff. 2/21/87; 2979.]

4-1-614: PROHIBITED ALARM SYSTEMS:

A. Audible Alarm Systems Similar To Sirens: It is unlawful to install or maintain on the exterior or interior of a building a public safety alarm system which upon actuation emits a sound which is similar to sirens in use on emergency vehicles or in vehicles used for civil defense purposes.

B. Miscellaneous: It is unlawful to install or maintain any alarm system designed to detect burglaries or robberies for any purpose other than reporting such burglaries, robberies, or other crimes involving potential serious bodily injury or death. No person shall operate or use a public safety alarm system for any purpose other than detecting and reporting a burglary, robbery, fire, or need for public assistance. [Added by Ord. No. 2979; formerly numbered Section 17-53; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-615: ENFORCEMENT:

The conviction or punishment of any person for violation of the provisions of this article shall not release such person from paying any business taxes, charges, fees, license fees, or reimbursement for false alarms due and unpaid at the time of such conviction, nor shall payment of any fee or reimbursement for false alarms prevent criminal prosecution for violation of any of the provisions of this article. All remedies shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy. [Added by Ord. No. 2979; formerly numbered Section 17-54; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-1-616: LIMITATION OF LIABILITY:

The City shall be under no duty or obligation to an alarm subscriber or to any other person by reason of any provision of this article or the exercise of privileges by a subscriber hereunder, including, but not limited to, any defects in an alarm or failure to respond to such alarms. [Added by Ord. No. 2979; formerly numbered Section 17-55; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 7. SMOKING REGULATED IN CERTAIN PLACES PATRONIZED BY PUBLIC

4-1-701: INTENT AND PURPOSE:

This Article controls exposure to secondhand smoke by prohibiting smoking at certain locations. Exposure to secondhand smoke has been proven to cause adverse health effects including but not limited to cancer, cardiovascular disease, respiratory infections, asthma, and ear and nasal problems. The intent and purpose of prohibiting smoking at the identified locations is to protect the public health, safety, and welfare by reducing the number of locations in Burbank where exposure to secondhand smoke can occur. [Added by Ord. No. 3055; Amended by Ord. No. 3717, eff. 5/12/07; 3114.]

4-1-702: DEFINITIONS:

The following words and phrases have the meanings stated for the purposes of this Article:

ENCLOSED: Means a predominantly indoor area covered with a fixed structural roof and generally closed off from the outside.

NON-ENCLOSED: Means a predominantly outdoor area that does not meet the definition of “enclosed,” including but not limited to patios, outdoor dining areas, and outdoor service areas.

SMOKING: Means the burning, carrying, or holding of any lighted cigar, cigarette, pipe, weed, plant, or other equipment or combustible substance that is intended to be inhaled and/or exhaled. Smoking includes emitting or exhaling the fumes from any equipment or substance listed herein. Without limiting the foregoing, this definition is not intended to include the burning of incense, candles, and other similar materials. [Added by Ord. No. 3055, eff. 2/14/87; Amended by Ord. No. 3717, eff. 5/12/07.]

4-1-703: LOCATIONS WHERE SMOKING IS PROHIBITED:

A. City facilities and parks: Smoking is prohibited in all enclosed and non-enclosed areas of any facility owned, leased, or operated by the City of Burbank and accessible to the general public as determined by the property lines of such facility, except for 1) within smoking areas designated pursuant to Section 4-1-705; 2) certain areas of the DeBell Golf Course as provided in Subsection 3; and 3) public transit facilities, which are addressed separately in Subsection F.

1. Such facilities include but are not limited to City Hall, City offices, parks, recreation facilities, playgrounds, senior centers, meeting or conference facilities, libraries, theaters and amphitheaters, child care facilities, recycling centers, and joint-use facilities owned by the Burbank Unified School District but open to the general public for recreation purposes.

2. Such facilities also include City facilities that are not typically accessible to the general public during such time that they may be accessed by the public, for example during an open house or other community event at a City yard or utility facility.

3. Smoking is not prohibited at the DeBell Golf Course 18-hole course or nine-hole “Par 3” course. However, smoking is prohibited at the DeBell Golf Course driving range, in dining areas and service areas at DeBell Golf Course as provided in Subsections D and E, and within 20 feet of any building opening as provided in Subsection J.

Smoking is further prohibited on all sidewalks and public rights-of-way within 20 feet of the property lines of any City facility identified in this Subsection A.

B. Downtown Burbank: Smoking is prohibited on all non-enclosed sidewalks, paseos, and other pedestrian areas in Downtown Burbank accessible to the general public, except within smoking areas designated pursuant to Section 4-1-705.

1. For the purposes of this Section, Downtown Burbank means the area bounded by Angeleno Avenue, Third Street, Magnolia Boulevard, and First Street; and the area commonly known as the Burbank Town Center and bounded by Magnolia Boulevard, Third Street, Burbank Boulevard, and the Golden State Freeway.

2. This prohibition applies to the sidewalks along public and private streets within and around the perimeter of the area defined in Subsection 1, pedestrian alleys, pedestrian paseos and plazas including but not limited to the paseo along the former Palm Avenue between First Street and San Fernando Boulevard, walkways providing access from parking lots and structures to stores or sidewalks, and all other pedestrian paths or areas that are accessible to the general public.

Smoking is further prohibited in all non-enclosed areas within five (5) feet of any pedestrian path or area identified in this Subsection B.

C. Chandler Bikeway: Smoking is prohibited on the Chandler Bikeway. For the purposes of this Section, the Chandler Bikeway means the entire area between the curbs of the median of Chandler Boulevard between Mariposa Street and the City boundary with the City of Los Angeles, including the paved bicycle and pedestrian paths and landscaped areas. Smoking is further prohibited on all sidewalks and public rights-of-way within 20 feet of the Chandler Bikeway.

D. Outdoor dining areas: Smoking is prohibited in all outdoor dining areas open to the public except within smoking areas designated pursuant to Section 4-1-705. For the purposes of this Section, outdoor dining area means any non-enclosed area open to the public in a non-residential zone or adjacent right-of-way, or in a residential zone or adjacent right-of-way and utilized for non-residential purposes, where food or beverages are served, whether or not for compensation, or where food or beverages are routinely consumed by customers. This includes but is not limited to restaurant and bar standing and seating areas and patios. Smoking is further prohibited in all non-enclosed areas within five (5) feet of any outdoor dining area.

E. Outdoor service areas: Smoking is prohibited in outdoor service areas. For the purposes of this Section, outdoor service area means any non-enclosed area where one or more persons wait for or receive goods or services of any kind, whether or not such service involves the exchange of money. This includes but is not limited to lines or waiting areas for ATM machines, information kiosks, banks, restaurants and other food service, tickets, and admission to a theater or event; waiting areas at car washes and vehicle service establishments; and valet parking pick-up areas. Smoking is further prohibited in all non-enclosed areas within 20 feet of any outdoor service area.

F. City transit vehicles and stations: Smoking is prohibited in all city transit vehicles and at all city transit stations, except within smoking areas designated pursuant to Section 4-1-705.

1. For the purposes of this Section, city transit vehicles include all buses, shuttles, and similar transit vehicles owned or operated by the City of Burbank or its contractors on behalf of the City.

2. For the purposes of this Section, city transit stations means all City-owned enclosed and non-enclosed multi-modal platforms, sidewalks, shelters, benches, and areas where people wait for trains, buses, taxis, or other public transit, and ancillary areas such as restrooms, vending machine or kiosk areas, bicycle parking areas, and pedestrian paths and walkways. This includes but may not be limited to the facility commonly known as the Downtown Burbank Station on Front Street, but does not include individual bus stops generally located in public rights-of-way.

Smoking is further prohibited in all non-enclosed areas within 20 feet of those areas identified in Subsection 2. Smoking is not prohibited in vehicle parking lots or structures that serve transit stations or stops, except within 20 feet of those areas identified in Subsection 2.

G. Outdoor gathering and event areas: Smoking is prohibited in any non-enclosed area accessible to the general public where people are gathered to witness or participate in an event except within smoking areas designated pursuant to Section 4-1-705. This prohibition applies from the time 60 minutes before the event begins to the time 60 minutes after the event ends.

1. For the purposes of this Section, such gathering and event areas include but are not limited to permanent or temporary grandstands, bleachers, other seating areas, standing areas, viewing areas, playing courts and fields, circulation areas, and ancillary areas such as lobbies, foyers, restrooms, and concession areas.

2. For the purposes of this Section, events include but are not limited to shows, movies, plays, lectures, exhibitions, demonstrations, concerts, competitions, sporting events, arts and crafts shows, fairs, pageants, and parades, whether or not an admission fee is required or other compensation is provided.

3. This is not intended to prohibit the smoking of non-tobacco-product “stage cigarettes” or similar materials in the form or cigars or pipes by performers. Smoking is further prohibited in all non-enclosed areas within 20 feet of any outdoor gathering or event area.

H. Outdoor shopping areas and centers: Smoking is prohibited in any outdoor shopping area or outdoor shopping center except within smoking areas designated pursuant to Section 4-1-705.

1. For the purposes of this Section, outdoor shopping area means a non-enclosed area where goods or services are sold, including but not limited to a Farmers Market, swap meet, street fair, plant nursery, or outdoor retail product display area.

2. For the purposes of this Section, outdoor shopping center means the non-enclosed portions of a multi-tenant shopping center with retail, commercial service, and/or restaurant tenants, where the tenant entrances open to a non-enclosed common area. This includes pedestrian sidewalks, walkways, paseos, and other pedestrian circulation areas within the property boundaries of the shopping center that are commonly used and accessed by the patrons of the shopping center.

Smoking is further prohibited in all non-enclosed areas within 20 feet of any outdoor shopping area or outdoor shopping center. Smoking is not prohibited in vehicle parking lots or structures that serve outdoor shopping areas or centers, or on public sidewalks adjacent to outdoor shopping areas or centers, except within 20 feet of those areas where smoking is prohibited.

I. Elevators: Smoking is prohibited in any elevator, whether or not accessible to the general public.

J. Proximity to buildings: Smoking is prohibited within 20 feet of any entrance or exit, open window (including drive-through, drive-up, and walk-up service windows), air intake, or other opening of a building or other enclosed space that is open to, and while open to the general public. This includes but is not limited to offices, stores, banks, museums, and theaters. This prohibition does not apply to outdoor dining areas as defined in Subsection D.

K. Designated non-smoking areas: Smoking is prohibited in any area where the person or entity that either owns or exercises management and control over the property has declared the area, where smoking would otherwise be allowed, to be a non-smoking area.

L. Common residential areas: Smoking is prohibited in and around all (1) swimming pool, Jacuzzi, spa and hot tub areas when children are using such areas for their intended use and not just passing through the area; (2) areas specifically designed as play areas for children; (3) enclosed common areas; and (4) within five feet of all entrances, exits, walkways and hallways in residential development projects including, but not limited to apartments, condominiums, retirement homes, nursing homes, assisted living facilities, and residential portions of mixed-use projects except within smoking areas designated pursuant to Section 4-1-705. Common areas are those areas that are accessible to all residents living in the development, including but not limited to swimming pool, Jacuzzi, spa and hot tub areas, hallways, stairways, elevators, lobbies, laundry rooms, trash rooms, recreation rooms and gyms. For purposes of this section, common area does not include driveways, parking lots and garages. For purposes of this section, “children” shall mean any person age 17 years and under.

M. Private residential areas: Smoking is prohibited in all private balconies, private patios, and private non-enclosed areas in all attached residential developments with two (2) or more dwelling units. The term “private” shall mean any area intended primarily for use by the occupants of a particular residential dwelling unit.

N. Mariposa Bridge: Smoking is prohibited on the Mariposa Street Bridge: [Added by Ord. No. 3055, eff. 2/14/87; amended by Ord. No. 16-3,875, eff. 3/25/16; 3795, 3717.]

4-1-704: LOCATIONS WHERE SMOKING IS PERMITTED:

Smoking is permitted in the locations provided in this Section, even when smoking would otherwise be prohibited per Section 4-1-703.

A. Private residences: Smoking is permitted inside attached and detached private residences, except when a residence is being used for child care or as a health care facility subject to applicable licensing requirements, or where 2 or more residences share common heating or cooling systems which utilize the same ducting system which results in air from one unit being distributed to another unit. This does not preclude a person or entity that owns or controls private residential property, including but not limited to a condominium association or an apartment complex owner, from prohibiting smoking within private residences under its control.

B. Private vehicles: Smoking is permitted inside a private vehicle.

C. Designated smoking areas: Smoking is permitted in any smoking area designated pursuant to Section 4-1-705. [Added by Ord. No. 3055; Amended by Ord. No. 3795, eff. 5/1/11; 3717, 3373, 3114.]

4-1-705: DESIGNATED SMOKING AREAS:

A. Designation: The owner or operator with control over any privately owned property (i.e., Owner), or the City Manager or their designee for public rights-of-way or property owned by or under the control of the City, may designate an area where smoking is permitted in a location where smoking would otherwise be prohibited under Subsections A, B, D, F, G, H, or L of Section 4-1-703. Except as provided under “Criteria” below, a designated smoking area may be established without approval from the City of Burbank. However, the City Manager or their designee may require that any designated smoking area be modified or removed if, in the sole and absolute discretion of the City Manager or their designee, it does not satisfy the criteria of Subsection B.

B. Criteria: A designated smoking area must satisfy all of the following criteria:

1. The smoking area is as small as is practicable to accommodate the number of smokers that are expected to use the area. Notwithstanding this criteria, an Owner may not designate a smoking area that would be smaller than fifty (50) square feet, or with a dimension on any side less than five (5) feet.

2. Designated smoking areas within outdoor dining areas shall not exceed forty percent (40%) of the total floor area utilized for outdoor dining. The Owner may apply to the City Manager, or their designee, for an administrative exception to increase the designated smoking area to greater than forty percent (40%). An administrative exception may be granted upon making the finding that the nature of the business in question is such that the number of smokers expected to patronize the business is greater than that of normal dining areas, such as tobacco or smoke shops or a bar.

3. The smoking area is not located within any area where smoking is prohibited under Subsections C, E, I, or J of Section 4-1-703.

4. The smoking area is not located within five (5) feet of any entrance or exit, or walkway to such entrance or exit, of any building or facility open to the public.

5. Within outdoor dining areas, designated smoking areas must be separated from non-smoking areas with a physical barrier that prevents secondhand smoke from passing between the two areas. The physical barrier shall be the lesser of (a) at least seven (7) feet in height, or (b) extend to the ceiling or covering of the outdoor dining area. The Owner may use a ventilation system in place of a physical barrier, provided such Owner demonstrates to the satisfaction of the City Manager, or their designee, that the proposed ventilation system will be at least as effective as a physical barrier in preventing secondhand smoke from passing between designated smoking areas and non-smoking areas.

6. The smoking area is posted with one or more conspicuously displayed signs that identify the area as a designated smoking area. [Added by Ord. No. 3055, eff. 2/14/87; Amended by Ord. No. 3717, eff. 5/12/07.]

4-1-706: POSTING OF SIGNS:

A. Time of Posting: Every business or property subject to this ordinance shall post the signs required by this Article within thirty (30) days of the Ordinance’s effective date. Every business or property which becomes subject to the provisions of this Article after the effective date shall post the required signs immediately upon commencing operations.

B. Sign locations:

1. Every outdoor dining area, outdoor shopping area, and outdoor shopping center where smoking is prohibited per Subsections D and H of Section 4-1-703 must have one or more conspicuously displayed signs stating that smoking is prohibited in the area. Multiple signs must be provided as appropriate for larger areas to ensure that signs are readily visible to all users of the area.

2. Every entrance to a building or other enclosed space that is open to the general public must have at least one conspicuously displayed sign stating that smoking is prohibited within 20 feet of the entrance and other openings per Subsection J of Section 4-1-703.

3. The City Manager will cause the installation of conspicuously displayed signs indicating that smoking is prohibited at appropriate locations in all non-enclosed City facilities and City-owned transit facilities and at the entrance to all enclosed City facilities and City-owned transit facilities where smoking is prohibited per Subsections A and F of Section 4-1-703.

4. The City Manager will cause the installation of conspicuously displayed signs indicating that smoking is prohibited at appropriate locations along the Chandler Bikeway and on public sidewalks and other public pedestrian areas in Downtown Burbank per Subsections B and C of Section 4-1-703.

5. Signs required under this Section are exempt from the sign requirements in Article 10 of Title 10 of this Code.

C. Sign content and materials:

1. The signs required by Subsection A must have text and/or graphics to clearly indicate that smoking is prohibited in the area and include an appropriate Municipal Code citation.

2. Any text must be clearly contrasted with the background and must be a minimum of one inch tall. The text must state “No Smoking,” “Smoke Free Area,” or another phrase to clearly indicate that smoking is prohibited.

3. Any graphics must be substantially similar to the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.

4. All signs located in non-enclosed areas must be made of permanent, weather-resistant materials. [Added by Ord. No. 3055, eff. 2/14/87; Amended by Ord. No. 3717, eff. 5/12/07.]

4-1-707: DISPOSAL OF SMOKING WASTE:

No person shall dispose of any cigarette, cigar, tobacco, weed, plant, or other substance or product intended to be inhaled and/or exhaled in any place where smoking is prohibited under this Article except in a designated waste disposal container. [Added by Ord. No. 3055, eff. 2/14/87; Amended by Ord. No. 3717, eff. 5/12/07.]

4-1-708: ENFORCEMENT, VIOLATION, AND PROSECUTION.

A. Enforcement: The Chief of Police or their designee shall be responsible for enforcing compliance with this Article.

B. Violation:

1. It shall be unlawful for any person, business, or entity to violate any provision of this Article or to cause, permit or allow, aid, abet, or conceal a violation of any provision of this Article.

2. It shall be unlawful for any person, business, or entity to knowingly permit or allow smoking in an area that it either owns or over which it exercises management or control in which smoking is prohibited by this Article.

C. Prosecution: Any violation of this Article shall be prosecuted pursuant to Section 1-1-105 of this Code.

D. Public nuisance: The City Council hereby declares that exposing other persons to secondhand smoke through a violation of this Article constitutes a public nuisance and may be remedied as such.

E. Nonexclusive remedies and penalties: Punishment under this Section does not preclude punishment pursuant to any other law pertaining to smoking or littering. Nothing in this Section precludes any person from seeking any other remedies, penalties, or procedures provided by law. The remedies provided in this Section are cumulative and in addition to any other remedies available at law or in equity.

F. Other smoking laws: This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. [Added by Ord. No. 3717, eff. 5/12/07.]

ARTICLE 8. ALCOHOLIC BEVERAGES; WARNING SIGNS

4-1-801: SIGNS; DANGERS OF CONSUMING ALCOHOLIC BEVERAGES DURING PREGNANCY:

A. Purpose: The Surgeon General of the United States has advised women who are pregnant, or considering pregnancy, not to drink alcoholic beverages. Recent research indicates that alcohol consumption during pregnancy, especially in the early months, can harm the fetus, and result in birth defects including mental retardation, facial abnormalities, and other defects involving heart and bone structure. In order to serve the public health, safety, and welfare, the purpose of this article is to educate the public by requiring warning signs to be placed at all locations where alcoholic beverages are sold to the public.

B. Duty To Post Signs Or Notices: Any person or entity who owns, operates, manages, leases, or rents premises offering wine, beer, or other alcoholic beverages for sale, or dispensing for consideration to the public, shall cause a sign or notice to be permanently posted or displayed on the premises as provided in this section. The sign or notice shall comply with the readability requirements specified herein and shall read substantially as follows:

WARNING. DRINKING WINE, BEER, OR OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.

Except as may be specified in subsection C of this section or in the rules and regulations adopted by the Public Works Director or their designee, a sign or notice as required herein shall not be smaller than eight and one-half inches (8 1/2") wide by five and one-half inches (5 1/2") long, nor shall any lettering thereon be less than three-eighths (3/8) of an inch in height.

C. Placement: A sign or notice required by subsection B of this section shall be placed as follows:

1. Where the sale or dispensing of wine, beer, or other alcoholic beverages to the public is primarily intended for consumption off the premises, at least one sign shall be so placed as to assure that it is conspicuously displayed so as to be readable at all points of purchase.

2. Where the sale of wine, beer, or other alcoholic beverages to the public is primarily intended for consumption on the premises, at least one sign shall be placed to assure that it is conspicuously displayed so as to be readable in each public restroom.

D. Sign Availability: The Public Works Director shall make warning signs available to vendors of alcoholic beverages. Persons or entities may, however, at their own expense, prepare and post signs meeting the requirements of this article. In no event shall the prescribed language of the warning sign be altered. [Added by Ord. No. 3062; Amended by Ord. No. 3073, eff. 8/8/87.]

ARTICLE 9. METALLIC BALLOONS; WARNING SIGNS

4-1-901: SIGNS; DANGERS OF USING METALLIC BALLOONS:

A. Duty To Post: Any person or entity who owns, operates, manages, leases or rents a premises offering for sale or dispensing for consideration to the public, metallic balloons shall cause a sign or notice to be posted or displayed on the premises as provided in this section. The sign or notice shall comply with the readability requirements specified herein and shall read substantially as follows:

WARNING. METALLIC BALLOONS ARE CONDUCTORS OF ELECTRICITY. DO NOT USE NEAR ANY SOURCE OF ELECTRIC POWER. DO NOT RELEASE OUTDOORS. CONTACT WITH TRANSMISSION LINES CAN CAUSE SHORT CIRCUITING, POWER OUTAGES AND FIRE.

In no event shall a sign as required herein be smaller than eight inches (8") wide and eight inches (8") long, nor shall any lettering thereon be less than one inch (1") in height.

B. Placement: A sign or notice required by subsection A of this section shall be placed as follows:

1. At least one sign shall be so placed as to assure that it is readable from all locations at which said sale or dispensing occur.

2. At least one sign shall be placed to assure that it is readable from all counter locations available to the public.

C. Language: In the event a substantial number of the public patronizing a premises offering for sale or dispensing for consideration, metallic balloons, uses a language other than English as a primary language, any sign or notice required by subsection A of this section shall be worded in both English and the primary language or languages involved. [Added by Ord. No. 3111, eff. 6/25/88.]

4-1-902: PROHIBITING THE SALE OF METALLIC OR MYLAR BALLOONS:

A. Purpose and findings.

In enacting this section, it is the City Council’s purpose and intent to further the current state law prohibitions and regulations relating to Mylar balloons and to protect the City’s residents and electric infrastructure from damages caused by Mylar balloons coming close to, or in contact with, high voltage power lines.

B. Definitions.

“City” means the City of Burbank.

“Mylar balloon” means metallic balloons made of electrically conductive materials filled with helium or gas which is lighter than air.

“Sale” or “Sell” means to transfer ownership, offer for sale, expose or display for sale, solicit offers to sell or trade for the exchange of money or valuables.

C. Mylar balloons – sale prohibited.

1. The sale of Mylar balloons, with the exception of subsection 3 of this section, whether or not inflated with helium or gas which is lighter than air is prohibited.

2. It shall be unlawful for any person, firm, or corporation to sell or offer to sell any Mylar balloon, with the exception of subsection 3 of this section, whether or not inflated with helium or gas which is lighter than air.

3. Mylar balloons filled with air only and securely affixed or mounted to a post or other decorative structure at the point of sale shall be exempted from this section. [Added by Ord. No. 22-3,965, eff. 2/11/22.]

State law reference: As to County health administration for cities and enforcement of ordinances by Health Officers, see Health & S.C. §§ 476, 477, 502; as to contract for services of Health Officers, §§ 480-484; as to notice of appointment of Health Officer, § 503; as to ordinances enforced by Health Officer and quarantine regulations enforced by Health Officer, § 504.

State law reference: See Health & S.C. as to pest abatement generally, §§ 2800-2922; as to mosquito abatement, §§ 2200-2398.

CHAPTER 1HEALTH

4-1-101: ADOPTION OF LOS ANGELES COUNTY PUBLIC HEALTH CODE: