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HomeMy WebLinkAboutOrdinances 1969 10/03/1994O~DINANC'E NO. 1969 N.C.S. Seconded by Ross Parkerson 17 AN ORI~INANCE OF ~'H~ COUNCIL OF 'I'HE CI'I'X Og+' PETALUMA 18 ~PEAI.ING SEC'TION 11.90.030 "DEFINITIONS" OF C~dAPTEit 11.90 19 "TRiP 12Ei)UC"I'ION OItDINANCE PROGI2AlVg" OF T~dE CI~'Y 20 OF PETAI.iJMA NIUNIC~AL COI)E ANID REPI,ACING I'T WI'~'H 21 A NEW SECTION 11.90.030 "DEFINI'TIONS" 22 23 24 25 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 26 27 Section l. Section l 1.90.030 of Chapter 11.90 "Trip Reduction Ordinance Program" of the 28 City of Petaluma Municipal Code is hereby repealed in its entirety. 29 Section 2. Section 11.90.030 "Definitions" of the Petaluma 1Vlunicipal Code is hereby added 30 and shall read as follows: 31 32 Section 11.90.030 - Definitions. 33 For the purpose of this chapter, the following words and phrases are defined and shall be 34 construed as set forth in this section. 35 A. "City" shall refer to the City of Petaluma. 36 B. "Average vehicle ridership (AVR) calculations": AVR for the work site(s) shall be 37 calculated by dividing the number of employee days summed over the survey week by the number of 38 vehicle trips summed over the survey week. 39 C. "Employee survey" is a form designed to provide information to calculate AVR for the 40 work site. It will ascertain how the employee travels to and from work. 1 Ord. 1969 NCS ` 1 D. "Peak period" is 6:00 a.m. through 10:00 a.m., Monday through Friday, inclusive. 2 E. "Carpool" is a vehicle occupied by two (2) to six (6) people traveling together between 3 their residence and their work site or destination for the majority of the total trip distance. Employees 4 who work for different employers, as well as non-employed people, are included within this definition 5 as long as they are in the vehicle for the majority of the total trip distance. 6 F. "Vanpool" is a vehicle occupied by seven (7) to fifteen (15) people traveling together 7 between their residence and their work site or destination for the majority of the total trip distance. 8 Employees who work for different employers, as well as non-employed people, are included within 9 this definition as long as they are in the vehicle for the majority of the total trip distance. 10 G. `Buspool" is a vehicle occupied by sixteen (16) or more people traveling together 11 between their residence and their work site or destination for the majority of the total trip distance. l2 Employees who work for different employers, as well as non-employed people, are included within 13 this definition as long as they are in the vehicle for the majority of the total trip distance: 14 H. "Vehicle trip": A vehicle trip is based on the means of transportation used for the 15 greatest distance of an employee's home-to-work commute trip for employees who start work during 16 the peak period. Each vehicle trip to the work site shall be calculated as follows: 17 Single-occupant vehicle = l 18 Carpool = 1 divided by number of people in carpool 19 Vanpool= 1 divided by number of people in vanpool 20 Motorcycle, moped, motorized scooter, or motor bike = 1 21 Public transit = 0 22 Buspool = 0 23 Bicycle = 0 24 Walking and other non-motorized transportation modes = 0 25 Telecommuting = 0 on days employee is telecommuting for the entire day 26 Compressed Workweek = 0 on employee's compressed days(s) off 27 Zero-emission vehicle = 0 28 I. "Commute" is the home-to-work or work-to-home trip. 29 J. "Commute alternatives" are carpooling, vanpooling, public transit, bicycling or 30 walking, or alternative routing. 31 K. "Employer" means any person(s), firm, business, educational institution, government 32 agency, non-profit agency or corporation, or other entity that employs persons. Several subsidiaries 33 or units that occupy the same work site and report to one common governing board or governing 34 entity or that function as one corporate unit are considered to be one employer. 2 Ord. 1969 NCS y~9e„ a, o-~ 5 ~ 1 L. "Employee" is any person employed by a person(s), firm, business, educational 2 institution, non-profit agency or corporation, government or other entity, including independent 3 contractors. The term excludes the following as defined elsewhere in this rule: seasonal employees; 4 temporary employees; volunteers; field personnel; and field construction workers. 5 M. "Seasonal employee" is a person who is employed for less than a continuous 90-day 6 period, or an agricultural employee who is employed for up to a continuous 16-week period. 7 N. "Temporary employee" is any person employed by an employment service that reports 8 ta a work site other than the employment service work site under a contractual arrangement with a 9 temporary employer. 10 O. "Field personnel" are employees who spend 20 percent or less of their work time at the 11 work site and who do not report to the work site during the peak period for pick-up and dispatch or 12 an employer-provided vehicle. 13 P. "Field construction worker" is an employee who reports directly to work at a 14 construction site. ] 5 Q. "Volunteer" is a person who does not receive wages for work activity at the work site. lb R. "Independent contractor" is an individual who enters into a direct written contract or 17 agreement with an employer to perform certain services. The period of the contract or agreement is at 18 least ninety (90) continuous days, or is open-ended. 19 S. "Transportation coordinator" is the person designated by the employer who is 20 responsible for daily administration of employer requirements under this chapter. 21 T. "Employee transportation coordinator" is an employee, other individual, or entity 22 appointed by an employer to develop, market, administer, and monitor the Employer Trip Reduction 23 Program or Employer Trip Reduction Plan on a full or part-time basis. 24 U. "Work site" is a structure, building, portion of a building, or grouping of buildings that 25 are in actual physical contact or are separated solely by a private or public roadway or other private or 26 public right-of-way, and that are occupied by the same employer. 27 V. "Work site employee threshold" is 100 employees at a single work site, on an average 28 daily basis, for a 90-day period provided at least 50 employees are normally scheduled to report to the 29 work site on a daily basis during the peak commute period. 30 W. "Employee day" is each day of the survey week that an employee starts work during 31 the peak period. Notes: Employees telecommuting or who are off due to a compressed work week 3 ~ac~e 3 0~ 5 Ord. 1969 NCS ~ 1 schedule are counted toward the total employee days. The following employees are not counted 2 toward the total employee days: 3 -- employees on vacation, sick leave, jury duty, or other time off; 4 -- employees reporting to a different work site or an off-site work-related activity 5 V. "Compressed workweek" is a regular full-time work schedule that eliminates at 6 least one round-trip commute trip (both home-to-work and work-to-home) at least once every two (2) 7 weeks. Examples include, but are not limited to, working three twelve-hour days (3/36} or four ten- 8 hour days (4/40) within a one-week period; or eight nine-hour days and one eight-hour day {9/80) 9 within a two-week period. 10 X. "Telecommuting" is a system of working at home, off site, or at a telecommuting 11 center, for a full workday, that eliminates the trip to work or reduces travel distance by 50 percent or 12 more. 13 Section 3. If any section, subsection, sentence, clause or phrase or word of this ordinance is 14 for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not 15 affect the validity of the remaining portions of this ordinance. The City Council of the City of 16 Petaluma hereby declares that it would have passed and adopted this ordinance and each and all 17 provisions thereof irrespective of the fact that any one or more of said provisions be declared 18 unconstitutional. 19 Section 4. The City Clerk is hereby directed to publish/post this ordinance for the period and 20 in the manner required by the City Charter. 21 22 INTRODUCED and ordered posted this 19th day of September , 1994. 23 24 ADOPTED this 3rd day of October , 1994 by the following vote: 25 26 AYES: Parkerson, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss 27 NOES: None 28 ABSENT: Hamilton, Barlas 4 Ord. 1969 NCS 'p~2.~ ~~ S 1 2 3 4 5 6 ATTEST: 7 8 9 10 City Clerk~p~~.~,~~'~' ~~ ~~,~ ,, ~~~ 11 12 13 14 winword\ord 15 9/9/94 (fn-k) _ ~ . ~ Mayor 5 Ord. 1969 NCS Trip Reduction +~~e 5 0~5