California Code, Health and Safety Code - HSC § 41090
Current as of January 01, 2023 | Updated by FindLaw Staff
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(a)(1) The Sacramento district shall prepare a wildfire smoke air pollution emergency plan as an informational source for local agencies and the public during a wildfire smoke air pollution emergency.
(2) The Sacramento district shall develop the wildfire smoke air pollution emergency plan in coordination with its county health officer and in consultation with all of the following:
(A) Local offices of emergency management or emergency services.
(B) School districts.
(C) Regional planning agencies.
(D) The state board.
(b) The plan prepared pursuant to this section shall include, but need not be limited to, all of the following:
(1) Recommendations and guidelines that will be health protective during wildfire smoke air pollution emergencies that include all of the following:
(A) Specific recommendations based on different tiers of air quality during a wildfire smoke event.
(B) Strategies, protocols, and guidelines for the monitoring at schools of air quality using low-cost sensors and other air quality monitoring information.
(C) A short-term air quality metric that is advisory and provides details of the health effects of the wildfire smoke that occur on a time scale of less than 24 hours, subject to the approval of the state board.
(2) An identification of the local agency statutorily responsible to take action at different thresholds.
(3) Recommendations and best practices for private businesses and public agencies to reduce or modify certain activities that contribute to the worsening of air pollution during a wildfire smoke air pollution emergency.
(4) Specific strategies to address vulnerable populations, including, but not limited to, all of the following:
(A) Schoolage children.
(B) The elderly.
(C) People experiencing homelessness.
(D) People who work outdoors.
(E) People with health issues that are exacerbated by a wildfire smoke air pollution emergency.
(a) In this section:
(1) “Commercial motor vehicle” means:
(A) a commercial motor vehicle, as defined by Section 522.003, and includes a vehicle meeting that definition regardless of whether the vehicle is used for a commercial purpose; or
(B) a road tractor, truck tractor, pole trailer, or semitrailer, as those terms are defined by Section 541.201.
(2) “Residential subdivision” means a subdivision in a county with a population greater than 220,000:
(A) for which a plat is recorded in the county real property records; and
(B) in which the majority of lots are subject to deed restrictions limiting the lots to residential use.
(b) Except as provided by Subsection (b-1), after 10 p.m. and before 6 a.m., a person may not park a commercial motor vehicle or leave the vehicle parked on a street that is maintained by a county or municipality and for which signs are posted as provided by Subsection (c) if the street:
(1) is located within a residential subdivision; or
(2) is adjacent to a residential subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park.
(b-1) A person may park a commercial motor vehicle or leave the vehicle parked on a street for which signs are posted as provided by Subsection (c) if the commercial motor vehicle:
(1) is transporting persons or property to or from the residential subdivision or performing work in the subdivision; and
(2) remains parked in or adjacent to the subdivision only for the period necessary to complete the transportation or work.
(c) The residents of a residential subdivision may petition a county or municipality in which the subdivision is located for the posting of signs prohibiting the overnight parking of a commercial motor vehicle in the subdivision or on a street adjacent to the subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park. The petition must be signed by at least 25 percent of the owners or tenants of residences in the subdivision. Not more than one person for each residence may sign the petition, and each person signing must be at least 18 years of age. Promptly after the filing of a petition meeting the requirements of this subsection and subject to Subsection (d), the county or municipality receiving the petition shall post the signs. The signs must:
(1) be posted:
(A) at each entrance of the subdivision through which a commercial motor vehicle may enter the subdivision or within the subdivision if there is not defined entrance to the subdivision; or
(B) on a street adjacent to the subdivision; and
(2) state, in letters at least two inches in height, that overnight parking of a commercial motor vehicle is prohibited in the subdivision or on a street adjacent to the subdivision.
(d) A county or municipality receiving a petition under Subsection (c) may condition the posting of the signs on payment by the residents of the residential subdivision of the cost of providing the signs.
(e) A person commits an offense if the person parks a commercial motor vehicle in violation of Subsection (b).
(f) This section does not limit the power of a municipality to regulate the parking of commercial motor vehicles.
(g) For the purposes of this section, contiguous subdivisions that are developed by the same entity or a successor to that entity and that are given the same public name or a variation of the same public name are considered one subdivision. Separation of one of the subdivisions from another by a road, stream, greenbelt, or similar barrier does not make the subdivisions noncontiguous.
(h) This section does not apply to:
(1) a vehicle owned by a utility that an employee of the utility who is on call 24 hours a day parks at the employee's residence; or
(2) a vehicle owned by a commercial establishment that is parked on the street adjacent to where the establishment is located.
Cite this article: FindLaw.com - California Code, Health and Safety Code - HSC § 41090 - last updated January 01, 2023 | https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-41090.html
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