[ RadSafe ] RE: [DailyBrief] Only in California

[Kostiuk, Ed M.]

Irvine Calif (former home of MCAS El Toro) did and same a few years back..can't recall the Mayors name now (Larry something) who made a bid for the Presidential race...he wanted a nuke free zone for that region...we said the same thing guess Orange County/Los Angeles could be bombed but Irvine would be free from the fallout. The population elects these folks!

Ed


-----Original Message-----
From: gpblackwood at sbcglobal.net [mailto:gpblackwood at sbcglobal.net]
Sent: Wednesday, April 06, 2005 9:52 AM
To: Rad Safe; Daily Brief
Cc: Bruce Tefft
Subject: [DailyBrief] Only in California



{I guess what Chico, California is trying to say is that in the event of a detonation of a nuke with in the City Limits no one will have to worry about aftereffects....or paying taxes any longer....strange way to say.... Kiss your butt goodbye! But then again they have 9.60.50 Remedy for Violations....Question: Who in the City's Legal Department is going to be around to sue? Must be something in the Orange Juice.......

 
12/21/04
9.60.040 Prohibition on appropriation and use of city funds and property for civil 
defense against a nuclear war.
No city funds or property shall be appropriated or used for civil defense against a
nuclear war or other preparations for nuclear war, including but not limited to those civil
defense measures which address the physical or social aftereffects of a nuclear war.
(Ord. 1564 §2 (part))
9.60.050 Remedy for violations.
At the direction of the city council, the city attorney shall file an action in a court of
appropriate jurisdiction to enjoin any violations of this chapter. Such action for injunctive
relief shall be exclusive of any other remedies whether civil or criminal, provided for by
this code.
(Ord. 1564 §2 (part))

---------------------------------
Page 37
(7/1/03)
9.70-1
Chico Municipal Code
ASSESSMENT OF SECOND RESPONSE COSTS
DIVISION X. ENFORCEMENT
Chapter 9.70
ASSESSMENT OF SECOND RESPONSE COSTS
Section:
9.70.010
Purpose.
9.70.020
Findings.
9.70.030
Loud or unruly events defined.
9.70.040
Persons responsible for a loud or unruly event.
9.70.050
Civil liability for the costs of a second response to a loud or unruly
event.
9.70.060
Amount of second response costs.
9.70.070
Warning issued at time of initial response.
9.70.080
Assessment of second response fee.
9.70.090
Notice of assessment of second response fee.
9.70.100
Payment of second response fee.
9.70.110
Administrative review of determination to assess second response fee.
9.70.120
Appeal of decision following administrative review of second response
fee.
9.70.010 Purpose.
This chapter is adopted pursuant to the municipal affairs provisions of the City Charter in
order to provide a means for recovering the costs incurred by the city for the city police and fire
department personnel participating in a second response to a loud or unruly event from the
person or persons responsible for such event.
(Ord. 2086)
9.70.020 Findings.
The city council finds as follows:
A. That personnel from the city police and fire departments spend a significant amount of their
time responding to loud and unruly events as defined in this chapter;
B. That frequently, police and fire department personnel are required to respond a second time
to the same loud or unruly event after warning the person or persons responsible for such
event that the event is being conducted in an unlawful manner and must be terminated by
reason of the fact that such person or persons fail to take the steps necessary to terminate
such unlawful conduct; and
C. That it would be appropriate to recover from the person or persons responsible for a loud
or unruly event the costs incurred by the city for the police and fire department personnel
participating in a second response to such event in those situations in which such person or
persons were duly warned that a second response fee would be assessed against them at
the time of the initial response to the event.

---------------------------------
Page 38
Chico Municipal Code
ASSESSMENT OF SECOND RESPONSE COSTS
(7/1/03)
9.70-2
(Ord. 2086)
9.70.030 Loud or unruly events defined.
For purposes of this chapter, the terms loud event and unruly event are defined as follows: 
A. A loud event shall mean an event or incident which results in any loud or unusual noise
which disturbs the peace and quiet of a neighborhood or which causes discomfort or
annoyance to any reasonable person of normal sensitivity residing in the neighborhood and
is, therefore, unlawful in accordance with the provisions of chapter 9.38 of this code. 
B. An unruly event is any event or incident which threatens the public health, safety or welfare
and is unlawful under the provisions of this code or the laws of the State of California.
(Ord. 2086)
9.70.040 Person responsible for a loud or unruly event.
For purposes of this chapter, a person shall be considered to be responsible for a loud or
unruly event if:
A. Such person is entitled to possession of any private property on which the event occurs,
either by reason of the fact that such person is an owner entitled to possession of such
property or by reason of the fact that such person is a lessee or tenant entitled to
possession of the property;
B. Such person is entitled to the use of any public property on which the event occurs by
reason of any permit or entitlement issued to such person by the city or any other
governmental agency owning or otherwise controlling the property; or
C. Such person accepts responsibility for the event.
(Ord. 2086)
9.70.050 Civil liability for the costs of a second response to a loud or unruly event.
Any person responsible for a loud or unruly event shall be civilly liable to the city for all
costs incurred by the city arising out of a second response which is made by the city police or
fire department to such event where:
A. The city police or fire department initially responded to the event during the preceding 12
hour period;
B. At the time of making such initial response, personnel from the city police or fire department
warned such person, in writing, that the event was being conducted in an unlawful manner,
and that if police or fire department personnel were required to respond a second time to
the event, such person would be assessed a second response fee as and for the city's
second response costs in the amount provided for by this chapter; and
C. Following such initial response, the city police or fire department were required to respond
a second time to the event by reason of the fact that the event continued to be conducted in
an unlawful manner, notwithstanding such written warning.
(Ord. 2086)
9.70.060 Amount of second response costs.
The amount of the costs incurred by the city as a result of a second response to a loud or
unruly event shall be determined by the chief of police based on the number of police and fire

---------------------------------
Page 39
Chico Municipal Code
ASSESSMENT OF SECOND RESPONSE COSTS
(7/1/03)
9.70-3
department personnel participating in the second response, the time spent in making such
response, and a schedule of police and fire department personnel costs adopted by resolution
of the city council.
(Ord. 2086)
9.70.070 Warning issued at time of initial response.
Where personnel from the city police or fire department responding to a loud or unruly
event determine that the unlawful conduct occurring at such event can be terminated or
otherwise appropriately addressed without arresting or citing the person or persons responsible
for the event, such police or fire department personnel may issue a warning to any person
responsible for the event in lieu or arresting or issuing a citation to such person as a result of the
event. Such warning shall set forth the date and time of the initial response, a brief description
of the unlawful activity complained of and/or observed at event, the address of the property on
which the event occurred, and a statement that if city police or fire department personnel are
required to respond a second time to the same or a similar event within a 12 hour period by
reason of the fact that the event continues to be conducted in an unlawful manner, such person
will be assessed a second response fee as and for the city's second response costs in the
amount provided for by this chapter, which fee shall be in addition to any criminal fine or other
sanction arising out of any arrest of such person or the issuance of a citation to such person as a
result of such second response. Any person issued a written warning in the manner provided
for by this section shall sign the warning acknowledging receipt thereof.
(Ord. 2086)
9.70.080 Assessment of second response fee.
Where the chief of police determines that a second response has been made to a loud or
unruly event within a 12 hour period following the initial response to such event, the chief of
police shall assess a second response fee against any person or persons responsible for the
event who was issued a written warning at the time of the initial response to the event in the
manner provided by this chapter. Such fee shall be in an amount equal to the costs incurred by
the city for all of the police and/or fire department personnel participating in the second
response, as determined by the chief of police in the manner provided by this chapter, or the
sum of one thousand dollars ($1,000), whichever is less. Where two or more persons are
assessed a second response fee for the same loud or unruly event, all such persons shall be
jointly and severally liable to the city for the full amount of such fee.
(Ord. 2086)
9.70.090 Notice of assessment of second response fee.
Upon determining to assess a second response fee against a person responsible for a loud
or unruly event, the chief of police shall cause notice of the assessment to be served on such
person by depositing such notice in, first class postage prepaid, in the United States mail
addressed to the person at the person's last known address. In addition to setting forth the
amount of the second response fee, such notice shall set forth the right of the person so
assessed to request administrative review of such assessment in the manner hereinafter
provided by this chapter.
(Ord. 2086, Ord. 2268)

---------------------------------
Page 40
Chico Municipal Code
ASSESSMENT OF SECOND RESPONSE COSTS
(7/1/03)
9.70-4
9.70.100 Payment of second response fee.
Every second response fee assessed upon a person responsible for a loud or unruly event in
the manner provided by this chapter shall be due and payable on or before the last day of the
month immediately following the month in which notice of the assessment 
of the fee was mailed to such person. In the event of the failure of a person assessed a second
response fee to pay such fee when due, a delinquency penalty of ten percent shall be added to
the fee on the last day of each month after the due date thereof; provided, however, that the
total amount of such penalties shall not exceed fifty percent of the fee. In addition, in the event
of the failure of a person assessed a second response fee to pay such fee when due, such
person shall be assessed interest on the amount of the delinquent fee, exclusive of any penalties
thereon, at the rate of one percent per month, or any fraction thereof, from the date the fee first
became delinquent until the date the fee is paid.
(Ord. 2086)
9.70.110 Administrative review of determination to assess second response fee.
A. Right to Administrative Review. Any person assessed a second response fee in the manner
provided by this chapter may apply to the chief of police for administrative review of the
determination by the chief of police to assess such fee and/or the determination of the chief
of police as to the amount of the fee.
B. Application for Administrative Review. Application for administrative review of a
determination of the chief of police to assess a second response fee or a determination of
the chief of police as to the amount of the such fee shall be in writing and shall be filed with
the police department by the person against whom the fee was assessed no later than 15
days from the date the notice of assessment of the fee was mailed to such person. In
addition to setting forth the request for administrative review of such determination, such
application shall contain a brief statement of the reasons why the person against whom the
fee was assessed believes that the determination does not comply with the provisions of this
chapter as well as a statement of the relief being requested.
C. Decision on Application for Administrative Review. Upon the filing of an application for
administrative review of the determination of the chief of police to assess a second response
fee or a determination as to the amount of such fee, the chief of police shall consider the
application and render a decision either confirming such determination or reversing or
modifying the determination. Prior to rendering a decision, the chief of police, with sole
discretion, may convene a hearing for the purpose of reviewing evidence or hearing
arguments bearing on the determination. If such a hearing is convened, notice of the date,
time, and place of the hearing shall be served by mail on the person having requested
administrative review of the determination a reasonable time prior to such hearing. After
rendering a decision, the chief of police shall promptly cause written notice of the decision
to be served by mail on the person having requested administrative review of the
determination.
D. Payment of a Second Response Fee Following Administrative Review. Where the chief of
police renders a decision to affirm a determination to assess a second response fee and/or
to affirm a determination as to the amount of the fee so assessed, either in whole or in part,
following the filing of an application for administrative review of such determination, such
fee or such part thereof found by the chief of police to have been validly assessed shall not

---------------------------------
Page 41
Chico Municipal Code
ASSESSMENT OF SECOND RESPONSE COSTS
(7/1/03)
9.70-5
be due and payable until the last day of the month immediately following the month in which
notice of such decision was mailed to the person against whom the fee was assessed.
(Ord. 2086, Ord. 2268)
9.70.120 Appeal of decision following administrative review of second response fee.
Where the chief of police renders a decision affirming a determination to assess a second
response fee in whole or in part after administratively reviewing the determination in the manner
provided by this chapter, the person against whom the fee was assessed and who requested
administrative review of such determination may appeal the decision to the city council. Such
appeal shall be filed within the time and in the manner provided by Chapter 2.80 of this code;
provided, however, that no person shall be entitled to appeal such decision unless and until such
person has deposited with the city clerk an amount equal to 50% of the amount of the fee in
dispute.
In the event the city council, after considering an appeal from a determination of the chief of
police to assess a second response fee, determines that the fee was improperly assessed or that
the amount of the fee exceeds that which should have been assessed, the city clerk shall cause
any portion of the fee deposited with the city clerk found by the city council to be improperly
assessed to be refunded to the person filing the appeal.
(Ord. 2086)

---------------------------------
Page 42
(3/15/00)
9FN.1
Chico Municipal Code
TITLE 9 FOOTNOTES
TITLE 9 FOOTNOTES
1. For statutory provisions on tampering with fire alarm systems, see Penal Code §148.4;
for statutory provisions on stopping or parking near hydrants, see Vehicle Code
§22514; for provisions on removal of vehicles preventing access to hydrants, see
Vehicle Code §22651; approach of vehicles to fires and fire engines, see Ch. 10.12; for
access to fire hydrants during street excavation, see Ch. 14.08.
2. For statutory provisions on littering, see Penal Code §§374, 374b and 374e; weed and
rubbish abatement, see Ch. 8.20.
3. For statutory definition of "hide," see Food & Agricultural Code §20009; for
provisions on inspection of hides, see Food & Agricultural Code §21451 et seq.; for
provisions on inspections and seizures, see Food & Agricultural Code §23041 et seq.
4. Damage to property by moving buildings, see Ch. 14.36; report of damage to publicly
owned or public utility property, see Ch. 10.12.
5. For statutory provisions on placing advertising material on public and private property,
see Penal Code §§556 - 556.3.
6. For statutory provisions as to juvenile court see Welfare & Institutions Code §§
500-257.
Prior history: Prior code §§14.1, 14.3, 14.7; Ords. 224, 511 and 557.

Division IX Nuclear Weapons
Chapter 9.60 
Nuclear Free Zone
 
In particular: Pages 35 and 36......
9.60.040 Prohibition and use of City funds and property for civil defense against a nuclear war 
9.60.050 Remedy for Violations
 
http://64.233.161.104/search?q=cache:0POg7VwKf_MJ:www.chico.ca.us/Municipal_Code/Title_9.pdf+&hl=en




"Dante once said that the hottest places in hell are reserved for those who in a period of moral crisis maintain their neutrality."





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