SEC. 7-353 AUTHORIZATION.

   (A)   The City Manager shall have primary responsibility for enforcement of this article and shall have authority to issue citations for violation of any provision of this article. The City Manager may establish regulations or administrative procedures and take any actions reasonable and necessary to further the purpose of this article or to obtain compliance with this article, including, without limitation, performing an inspection to verify compliance with this article.

   (B)   The city may inspect and monitor affected food providers' or persons' locations to determine compliance with this article.

(Ord. No. 3022)

SEC. 7-354 ENFORCEMENT.

   (A)   The City Manager, charged with enforcing the provisions of the Oxnard City Code, or any provision thereof, may enter a food provider’s or person’s location within the City of Oxnard during operating hours and without notice, to request access to records for verification of procurement of EPS compliant foodware or EPS compliant products. If requested by the city, food provider or person shall provide records documenting procurement of compliant materials as stipulated by this article.

   (B)   It is unlawful for any food provider or person to impede, obstruct, interfere with, or otherwise not allow, the city to conduct an inspection of the location, or inspect, review, or copy records required to be maintained by a food provider or person under this article. It is also unlawful for a food provider or person to conceal, destroy, deface, or falsify any records or other documents required to be maintained under this article.

   (C)   It shall be unlawful for any food provider or person to fail to comply with this article.

   (D)   Any violation of this article or other ordinance discovered during an inspection shall constitute a separate offense.

   (E)   Each and every violation of the provisions of this article is hereby deemed unlawful and a public nuisance.

   (F)   Upon first violation of any provision of this article, the city shall issue a written notice of violation to the offending food provider or person. The notice of violation shall specify the violation(s), and a date by which the violation(s) must be ceased or abated. If, after the specified correction period, the violation is not ceased or abated, the city may issue a civil citation, assessing fines in accordance with Oxnard City Code section 1-10, which stipulates:

      (1)   A fine not exceeding $100 for a first violation of a code section or ordinance;

      (2)   A fine not exceeding $200 for a second violation of the same code section or ordinance within one year; and

      (3)   A fine not exceeding $500 for the third additional violation of the same code section or ordinance within one year.

   (G)   Any citation issued for a violation of this article shall give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing as provided for in Chapter 7, Article III of the Oxnard City Code.

(Ord. No. 3022)

SEC. 7-355. OPERATIVE DATE; EDUCATION AND PHASE IN PERIODS.

   (A)   The first six months after this article takes effect will be an education period with no enforcement. A six month phase in period will follow the education period. This article will be fully enforced 12 months after this article takes effect.

   (B)   During the phase in period, in lieu of payment of any fine, violators cited may submit proof of purchase of any non-EPS containing foodware or product in any amount totaling or exceeding the amount of the fine in order to comply with this article. Proof of purchase of EPS compliant materials must be submitted within 14 days of the civil citation. Failure to provide proof of purchase will result in citation being processed and all fees and fines owed.

(Ord. No. 3022)

SEC. 7-356. OTHER REMEDIES.

   The remedies and penalties provided in this article are cumulative and not exclusive, and nothing in this article shall preclude the city from pursuing any other administrative, civil, or criminal enforcement remedies available under the law and/or the city code.

(Ord. No. 3022)

ARTICLE XXVI. ELECTION SIGNS

SEC. 7-360. DEFINITIONS.

   ELECTION SIGN - A sign where text or images are limited to noncommercial speech pertaining to global, national, state, or local candidates or issues or other protected political expression, including, but not limited to, a sign pertaining to an election for public office or to a ballot measure to be placed before tile voters in a federal, state or local election. This includes signs permanently or temporarily supported by a structure, including, but not limited to, one or more uprights, braces, poles, bicycle or other similar structural components when utilizing earth, rock, the ground, or any foundation set in the ground as a primary holding base or set upon the ground as a free standing structure.

(Ord. 3049)

SEC. 7-361. ELECTION SIGNS ON PUBLIC PROPERTY.

   Election signs are not permitted on public property or in the public right-of-way, as defined in section 7-l12(D). Election signs placed on public property or in the public right of way will be removed pursuant to this article.

(Ord. 3049)