Just Say No to Big Brother’s Smart Meters by Orlean Koehle
public health, safety and general welfare. This Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
Section II. Moratorium 1.
No SmartMeter may be installed in or on any home, apartment, condominium or business
in Fairfax, and no equipment related to SmartMeters may be installed in, on, under, or above any public street or public right of way in the Town for twelve months from the date of this Ordinance, at which time the Fairfax Town Council, shall consider whether to extend or terminate this prohibition in light of the then-current data on SmartMeter privacy, safety, accuracy and health effects.
2.
in Chapter 1.08.010 of the Town Code or as administrative citations as set forth in Chapter 1.10 of the Town Code, in the discretion of the Town.
Violations of this Moratorium may be charged as infractions or misdemeanors as set forth In addition, violations shall be deemed public
nuisances, with enforcement by injunction or any other remedy authorized by law. 3.
Section III. Effectiveness
This Ordinance, being adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare and containing a declaration of the facts constituting the urgency, upon passage by a minimum four-fifths (4/5) vote of the Town Council, shall take effect immediately upon its adoption and shall continue in effect until modified or rescinded.
Section IV. Severability
If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provision or application, and to this end the provisions of this chapter are severable.
Section V. Publication Copies of the foregoing ordinance shall, within fifteen days after its passage and adoption, be
posted in three public places in the Town of Fairfax, to wit: 1. Bulletin Board, Town Hall Offices; 2. Bulletin Board, Fairfax Post Office; 3. Bulletin Board, Fairfax Women's Club building; which places are designated for that purpose.
The foregoing ordinance was duly adopted on the 4th day of August, 2010, by the following vote, to wit: AYES: NOES:
Bragman, Hartwell-Herrero, Tremaine, Weinsoff None
ABSENT: Reed ______________________________
LEW TREMAINE, MAYOR
Attest: ______________________________________ Town Clerk
89 The Fairfax Town Manager is hereby authorized to direct all Town Departments,
including the Town Attorney, to facilitate compliance with the purpose and intent of this Ordinance using the enforcement powers described in the preceding paragraph.
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