ORD 010ORDINANCE NO. 10
AN ORDINANCE OF THE CITY OF LA QUINTA ENACTING
THE FOLLOWING TITLES OF THE LA QUINTA MUNICIPAL
CODE: TITLE 5--BUSINESS REGULATIONS, TITLE 6--
HEALTH AND SANITATION, TITLE 8--BUILDINGS AND
CONSTRUCTION, TITLE 10--ANIMALS, TITLE 11--
PEACE , MORALS AND SAFETY, TITLE 12--VEHICLES
AND TRAFFIC, TITLE 14--STREETS AND SIDEWALKS,
AND TITLE 16--MISCELLANEOUS COUNTY ORDINANCES
ADOPTED BY REFERENCE.
The city council of the City of La Quinta does ordain as follows:
SECTION 1. Titles 5, 6, 8, 10, 11, 12, 14 and 16 are enacted --and
added to the La Quinta Municipal Code, to read as follows:
Title
BUSINESS REGULATIONS
Chapters:
5.04 Auctions and Auctioneers
5.08 Cabarets
5.10 Cable Television Systems
5.12 Dances
5.16 Drug Paraphernalia Display
.20 Handbills
5.24 Hotel Registration
5.28 Ice Vending Machines
.32 Massage, Baths and Similar Businesses
.36 Novelty Sales at Special Events
•37 Outdoor Advertising
5. 8 Parking Attendants
i. 0 Passenger Carriers
5.44� Secondhand Dealers, Pawnbrokers and Lo
Peddlers --Solicitors
5.52 Private Patrols
5.60 Sales
.66_ Special Advertising Devices
5.68 Sound Trucks and Advertising by Sound
5.72 Miscellaneous Businesses Regulated
Brokers
Chapter 5.04
AUCTIONS AND AUCTIONEERS
Sections:
5.04.010 Definitions.
5.04.020 Certain advertising prohibited.
5.'04.030 Auctioned goods not to be other than items used
in business or household --Exception.
5.04.040 Display and tagging of articles in lots prior to
auction --Addition or removal of articles from
lots.
5.04.050 Sale of articles in blind packages prohibited.
5.04.060 Misrepresentations --Generally.
5.04.070 Misrepresentations --During course of sale.
5.04.080 False bidders and boosters.
5.04.090 Substitution of articles.
5.04.100 Article to be delivered within twenty-four hours
after payment.
5.04.110 Invoices to be prepared on all purchases exceeding
five dollars.
5.04.140 Jewelry and furs --Labeling articles.
5.04.150 Exemptions --Generally.
5'.04.160 Exemptions --Executors, public officers, etc.
5.04.170 License required.
5.04.180 License duration.
5.04.190 License--Application--Information to be shown.
5.04.210 License application--Denial--Appeal.
5.04.220 License --Fee.
5.04.010 Definitions. The following words and phrases
when used in this chapter shall have the meanings respectively
ascribed to them in this section, unless a different meaning
clearly appears from the context:
(1) "Auction" and "auction sale" mean a sale of property by
public outcry to the highest bidder.
(2) "Auctioneer" includes and comprehends any person who
shall, by public outcry, sell or offer to sell to the highest
bidder, any property to be so sold through duly employed and
licensed auctioneers.
(3) "Fake sale" is any one of the following:
(A) The sale of goods, wares or merchandise at auction
or otherwise to agents or other persons purchasing the same for
or on behalf of the owner or other person interested in the
selling thereof;
(B) The offering for sale of goods, wares or
merchandise of a different quality, brand or bearing a different
trademark as the merchandise previously advertised for sale.
(C) The sale of any goods, wares or merchandise
misrepresented as to quantity or quality or otherwise.
(D) The sale or offering for sale any goods, wares or
merchandise transported or brought into the city, and not
constituting the original legitimate stock of goods, wares and
merchandise of a place of business within the city, as the
original and legitimate stock of goods, wares and merchandise of
such place of business, at a bankrupt, insurance, mortgage,
insolvency, assignee's, receiver's, trustee's, creditor's,
executor's or administrator's sale, or a forced removal sale, or
closing -out sale, or the sale of goods damaged by fire, smoke,
water or otherwise. Nothing herein shall be deemed to prevent,
nor shall it be considered unlawful to sell the original stock of
goods, wares and merchandise of any place of business at a
bankrupt, insurance, mortgage, insolvency, assignee's receiver's,
trustee's, creditor's or administrator's forced removal or
closing -out sale, but the bringing of new stock into any such
place of business or the adding of new stock to such original
stock of goods, wares and merchandise and selling or offering to
sell, such new stock or added stock of such goods, wares and
merchandise at the place of business at any of the sales above
described, is hereby declared unlawful and to be a fake sale
within the meaning thereof.
(4) "Jewelry" is any article of personal adornment which is
composed in whole or in part of gold, silver or platinum, or
which contains any precious or semiprecious stone, or imitations
thereof, and shall include wrist and pocket watches and clocks.
(5) "Lot" means an article or group of articles offered for
sale at an auction at one time.
5.04.020 Certain advertising prohibited. It shall be
unlawful for any person to ring any bell or sound any other loud
or noisy instrument for the purpose of attracting attention of
any person outside the building, to any auction sale.
5.04.030 Auctioned goods not to be other than items used
in business or household --Exception. Whenever an auction is
conducted in a private residence, or in a retail establishment
other than an established auction house, it shall be unlawful to
sell or offer for sale at the auction, any goods or articles not
actually belonging to and used by the owner or lessee of the
premises, if the place of auction is a private residence, or
which do not form a part of the regular stock in trade of the
merchant occupying the premises, if the place of auction is a
retail establishment; provided, however, that other articles may
be sold at such auction if in any advertisements used to
publicize the auction, the statement is made that other articles
than those belonging to and used by the owner of the premises, or
other articles than those which form a part of the stock in trade
of the merchant, will be sold. Such articles shall be clearly
tagged or labeled in such a manner as to indicate to prospective
purchasers that the articles do not belong to and were not used
by the owner or lessee of the premises, or do not form a part of
the stock in trade of the merchant; and at the time of offering
any such article for auction the auctioneer shall announce to the
audience that the article does not belong to and was not used by
the owner or lessee of the premises, or does not form a part of
the stock in trade of the merchant.
5.04.040 Display and tagging of articles in lots prior to
auction --Addition or removal of articles from lots. For a
period of at least two days prior to the day of any auction sale,
between the hours of nine a.m. and five p.m., all articles to be
auctioned off or offered at the sale shall be prominently
displayed upon the premises and open to inspection by the public.
Each lot to be offered upon the date of the sale shall be
numbered for identification; and at the time the lot is offered
upon the block, the lot number shall be announced by the
auctioneer. Every article in each lot to be offered on the day
of the auction sale shall be marked with a clearly legible
identification tag, identifying the articles as to lot number,
and as to number within the lot. No article shall be added or
removed from any lot at any time after it has been placed upon
display, nor shall any lot be consolidated with all or any part
of any other lot, nor may any lot be substituted for another lot,
unless the fact of such withdrawal, consolidation or substitution
is clearly announced to all prospective purchasers at the time
the lot is offered for sale. No lot may be withdrawn from the
sale after two bids have been made upon it, and the bids have
been accepted by the auctioneer.
5.04.050 Sale of articles in blind packages prohibited.
It shall be unlawful for any auctioneer or agent, employee or
assistant, to offer or attempt to dispose of any property at any
auction sale in blind packages; and all articles in any lot shall
be prominently displayed while the lot is being auctioned off.
This section shall not apply to sales of liened goods by any
moving and storage company.
5.04.060 Misrepresentations --Generally. It shall be
unlawful for any licensee, his agents, servants or employees, to
make any statements which are false in any particular, or which
have a tendency to mislead, or to make any misrepresentations
whatsoever with reference to any article sold or offered for sale
at public auction.
5.04.070 Misrepresentations --During course of sale. It
shall be unlawful during the course of the sale for the
auctioneer or any agent, assistant or employee to display upon
the auction block or in his hand any article which is not part of
the lot then being auctioned off; or to represent in any manner
that an article not a part of the lot then being auctioned off is
a part of the lot.
5.04.080 False bidders and boosters. It shall be
unlawful for any person to make or offer, or cause to be made or
offered, a false bid or any other than a bona fide bid at a
public auction or to act, or to employ any person to act, as a
bybidder or what is commonly known as a "capper", "shi11" or
"booster" at any auction, or falsely to pretend to buy any
articles at an auction sale, or to cause any person to do so.
5.04.090 Substitution of articles. It shall be unlawful
for any auctioneer or agent, employee or assistant, to substitute
any article in lieu of the article offered to and purchased by
the bidder, except with the bidder's knowledge and consent; or to
attempt to induce the purchaser of any article to accept, in lieu
of the article, any other articles.
5.04.1-00 Article to be delivered within twenty-four hours
after payment. It shall be unlawful for any auctioneer or
agent, employee or assistant thereof, to refuse, fail or neglect
to deliver complete and immediate possession to the purchaser
within twenty-four hours after the payment of the purchase price.
5.04.110 Invoices to be prepared on all purchases
exceeding five dollars. It shall be the duty of the auctioneer
to make out an invoice containing a full. and correct description
of the articles sold and the price, for any purchase in excess of
five dollars, and to give the invoice to the purchaser when the
purchase price is paid. Duplicate copies of the invoices shall
be kept by the auctioneer for a period of six months after the
purchase date.
5.04.140 Jewelry and furs --Labeling articles. In the
event of any closing -out sale of jewelry or furs, it shall be
unlawful to sell any article, unless there is attached to each
article a tag, card or label upon which shall be plainly written
in the English language, in the case of jewelry, a true and
correct statement of the kind and quality of the material of
which the article is composed, whether the article is or is not
plated, the true name and quality of any precious or semiprecious
gems incorporated in the article, and whether the gems are
natural or synthetic; and if the article be a watch or clock, the
true name of the manufacturer thereof. If all or any portion of
the movement or case of the watch or clock is used or secondhand,
that fact shall be noted on the tag. If the articles being sold
are furs or garments composed in whole or part of furs, the card
or tag shall state the quality of the furs, together with the
true name of the animal from which the fur was taken. Such card
or tag shall be securely affixed to the article while the article
is on -display prior to the sale, and shall remain so affixed
until the article is delivered into the hands of the purchaser,
and shall be read to the audience when such article is offered
for sale; and any inaccuracies in the information contained on
the card or tag shall be deemed prima facie evidence of intent to
defraud the purchaser of the article to which it is affixed.
5.04.150 Exemptions --Generally. Nothing contained in
this chapter shall apply to any' sale made upon execution or by
virtue of any process issued by a court, nor to any sale made by
any public officer in his official capacity required to be made
under the laws of the United States or the state, or under the
ordinances of -the county, or any sale conducted under the
provisions of the uniform warehouse receipts act; nor to any
auction of livestock, nor any sale made under a nonstatutory
assignment for the benefit of creditors generally, which sale
shall be conducted by an auctioneer licensed pursuant to this
chapter where the sale is limited to the stock in trade and
fixtures on the premises in the city at the time of the
assignment and where the sale is held on the premises; nor to any
small scale auction by a charitable or non-profit organization
which auction is conducted and managed solely by members thereof.
5.04.160 Exemptions --Executors, public officers, etc.
The provisions of this chapter' shall not be applicable to
trustees in bankruptcy, executors, administrators, receivers or
public officers acting under judicial order or process; provided,
there shall, prior -to their acting, first be filed with the city
manager of the city, a statement under oath, stating the name of
the court and proceeding in which the order or process under
which they are acting was obtained and stating the date thereof.
• 5.04.170 License required. It shall be unlawful for any
person to hold himself out as an auctioneer, or to conduct or
cause to be conducted an auction, unless such person shall have
previously obtained a license as provided in Section 5.04.190.
5.04.180 License duration. An auctioneer's license shall
be good for a period of one year from the date of its issue;
provided, however, that it may be revoked at any time for
violation of any of the terms of this chapter, or in the event
that the licensee is convicted of a felony; and further provided
that a license for an established auction house may be
indefinite.
5.04.190 License--Application--Information to be shown.
Application for an auctioneer's license shall be made in writing
upon forms provided therefor to the city manager at least thirty
days prior to the date of holding any auction. Each application
shall be verified, and shall contain:
(1) The name, address and principal place of business of
the applicant;
(2) The nature of the business and the length of time he
has been engaged in it;
(3) The place at which the auction is to be held and the
type of merchandise to be sold;
(4) Whether or not he has ever been convicted of a. felony
or misdemeanor other than traffic violations, and the nature of
the felony or misdemeanor;
(5) The names and addresses of three character references
living in the county of his residence.
5.04.210 License application--Denial--Appeal. If, upon
investigation of the applicant for an auctioneer's license, it
shall appear that the applicant is not a person of good moral
character, or that he has knowingly falsified any statement in
his application, the city manager may refuse to approve the
license; and, in the event that the license is refused, the
applicant may, within thirty days of receipt of written notice of
the refusal, petition in writing the city council for review of
the decision of the city manager. The petition shall be filed
with the city clerk and unless an adjustment of the matter is
then made by the city manager satisfactory to the appellant, it
shall be heard by the council as promptly as feasible and
convenient to the parties. The city clerk shall give any such
petitioner written notice of the date of the hearing at least
three days in advance.
5.04.220 License --Fee. At the time of application, the
applicant for an auctioneer's license shall pay an application
processing fee in such amount as may have been established for an
initial application or renewal application, by resolution of the
city council, to defray the expense of investigation and
processing.
Chapter 5.08
r-ARAP F T S
Sections:
5.08.010 "Entertainments" defined.
5.08.020 Soliciting of drinks.
5.08.030 Entertainment not to be visible or audible from
street.
5.08.040 Solicitation of trade.
5.08.050 Locked doors.
5.08.060 Hours for entertainment.
5.08.010 "Entertainments" defined. As used in this
chapter, "entertainments" mean every act, play, burlesque show,
revue, pantomime scene, song and dance act, song rendition, music
rendition, or other entertainment participated in by one or more
persons which is performed, exhibited, shown or produced in any
place within the city where alcoholic beverages as defined by the
State Alcoholic Beverage Control Act are being sold or offered
for sale for consumption on the premises.
5.08.020 Solicitinq of drinks. No person owning,
operating, managing or otherwise controlling any place as defined
in Section 5.08.0101 shall conduct, sponsor or allow any
entertainment at any time when the practice of employees
soliciting or accepting drinks of alcoholic beverages from
patrons is permitted.
5.08.030 Entertainment not to be visible or audible from
street. No person owning, operating, managing or otherwise
controlling any place as defined' in Section 5.08.010, shall
suffer or permit any entertainment to be conducted which is
visible or plainly audible from any public street or sidewalk,
except for such temporary periods not exceeding one minute when
patrons are entering or exiting through a doorway.
5.08.040 Solicitation of trade. No person shall engage
in personally soliciting trade on any public street or sidewalk
at or near the entrance of a place with entertainment, nor shall
any person owning, operating, managing or otherwise controlling
any place as defined in Section 5.08.010, conduct, sponsor or
allow any entertainment when such practice of soliciting business
is engaged in or permitted.
5.08.050 Locked doors. No person owning, operating,
managing or otherwise controlling any place as defined in Section
5.08.010, shall conduct, sponsor or allow any entertainment
therein at any time when the regularly used doors thereto are not
unlocked with free ingress and egress while patrons are in the
establishment.
5.08.060 Hours for entertainment. No person owning,
operating, managing or otherwise controlling any place as defined
in Section 5.08.010, shall conduct, sponsor or allow any
entertainment therein between the hours of two, a.m, and six a.m.
Chanter 5.10
CABLE TELEVISION SYSTEMS
Sections:
5.10.010 Definitions.
5.10.020 Franchise to install and operate.
5.10.030 Cable television service.
5.10.040 Franchise payments.
5.10.050 Franchise term: duration and termination.
5.10.060 Applications for franchise.
5.10.070 Indemnifications: insurance.
5.10.080 Acceptance of franchise.
5.10.090 Limitations of franchise.
5.10.100 Rights reserved to the City.
5.10.110 Council to adopt rules and regulations.
5.10.120 Permits and construction.
5.10.130 Technical standards.
5.10.140 Miscellaneous provisions.
5.10.150 Equal opportunity employment and affirmative
action plan.
5.10.160 Violations.
5.10.010 Definitions. For the purposes of this chapter, the
following terms, phrases, words, abbreviations, and their deriva-
tions shall have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the fu-
ture tense, words in the plural number include the singular number,
and words in the singular number include the plural number:
(1) "Franchise" shall mean and include any authorization
granted hereunder in terms of a franchise, privilege, permit,
license or otherwise to construct, operate and maintain a cable
television system within all or a specified area in the City. Any
such authorization, in whatever form granted, shall not mean and
include any license or permit required for the privilege of trans-
acting and carrying on a business within the City as required by
other ordinances and laws of this City.
(2) "Person" shall mean any natural person and all domestic
and foreign corporations, associations, syndicates, joint stock
corporations, partnerships of every kind, clubs, business or com-
mon law trusts, and societies.
(3) "Grantee shall mean the person, firm or corporation
granted a franchise by the Council under this chapter, and the
lawful successor, transferee or assignee of said person, firm or
corporation.
(4) "Street" shall mean the surface, the air space above
the surface and the area below the surface of any public street,
other public right of way or public place, including public
utility easements.
(5) "Property of Grantee" shall mean all property owned,
installed, or used within the City by a grantee in the conduct
of a cable television system business under the authority of a
franchise granted pursuant to this chapter.
(6) "Subscriber" or "User" shall mean any person or entity
receiving for any purpose any service of the grantee's cable
television system including, but not limited to, the conventional
cable television system service of retransmission of television
broadcast, radio signals, grantee's original cablecasting, and
the local government, education and public access channels; and
other services, such as leasing of channels, data and facsimile
transmission, pay television, and police, fire and similar public
service communication.
(7) "Cable television system;" "CATV;" and "CTV," for the
purpose of this chapter, are terms describing a system employing
antennae, microwave, wires, wave -guides, coaxial cables, or other
conductors, equipment or facilities, designed, constructed or used
for the purpose of:
(A) collecting and amplifying local and distant broad-
cast television or radio signals and distributing and transmitting
them;
(B) transmitting original cablecast programming not
received through television broadcast signals;
(C) transmitting television pictures, film and video-
tape programs, not received through broadcast television signals
whether or not encoded or processed to permit reception by only
selected receivers;
(D) transmitting and receiving all other signals:
digital, voice and audio-visual; provided, however, that any of
the services, permitted hereunder to be performed, as described
above, shall be those performed by the grantee for subscribers,
as herein defined, in the operation of a cable television or CATV
system franchised by the City and not otherwise.
5.10.020 Franchise to install and operate. (a) A non-
exclusive franchise to install, construct, operate, and maintain
a cable television system on streets within all or a specific
portion of the City may be granted by the Council to any person,
whether operating under an existing franchise, who or which offers
to furnish and provide such system under and pursuant to the terms
and provisions of this chapter. No provision of this chapter may
be deemed or construed as to require the granting of a franchise
when in the opinion of the Council it is in the public interest
to restrict the number of grantees to one or more..
(b) When in the event that the grantee of any franchise
granted hereunder uses in his cable television system distribution
channels furnished to the grantee by a telephone company pursuant
to tariff or contract on file with a regulatory body having
jurisdiction and said grantee makes no use of the streets inde-
pendent of such telephone company -furnished facilities, said
grantee shall be required to comply with all of the provisions
hereof as a "Licensee" and in such event whenever the term
"grantee" is used herein it shall be deemed to mean and include
"Licensee."
5.10.030 Cable television service. (a) Basic Service.
The cable television 'system permitted to be installed and -oper-
ated hereunder shall, unless otherwise provided by the franchise
as granted:
(1) be operationally capable of relaying to sub-
scriber terminals those television and radio broadcast signals
for the carriage of which the grantee is now or hereafter autho-
rized by the Federal Communications Commission;
(2) be constructed with the potential of two-way
signal transmission;
(3) distribute color television signals which it
receives in color;
(4) provide at least one (1) channel, without charge,
for exclusive use of the City.
(5) provide at least one (1) channel each for those
educational and public access uses.
(A) until such time as there is demand for each
channel full time for its designated use, public, educational,
government, and leased access channel programming may be combined
on one or more cable channels. To the extent time is available
therefor, access channels may also be used for other broadcast
and nonbroadcast services except that at least one channel shall
be maintained exclusively for the presentation of access program-
ming as required by paragraph (B) of this section.
(B) the operator of each such system shall in
any case, maintain at least one full channel for shared access
programming: Provided, however, That, in the case of systems in
operation on June 21, 1976, if insufficient activated channel
capability is available to provide one full channel for shared
access programming the system operator shall provide whatever
portions of channels are available for such purposes. In meet-
ing its access obligations, every operator of a cable television
system shall make reasonable efforts in programming the system's
bandwidth to avoid the displacement of access service.
(C) whenever any of the channels described in
paragraphs (4), (5) or (5(B) of this section is in use during
80 percent of the weekdays (Monday -Friday) for 80 percent of the
time during any consecutive three-hour period for six consecutive
weeks, the system operator shall have six months in which to make
a new channel available for the same purposes: Provided, however,
That the channel expansion mandated by this paragraph shall not
exceed the activated channel capability of the system.
(6) the operator of each such system shall make avail-
able all other unused channels, in addition to those which are
part of the system's activated channel capability, for the purposes
specified in paragraphs (4) and (5): Provided, however, That in
making available such additional channels the system operator shall
be under no obligation to install converters.
(b) Non -basic services. The cable television system
permitted to be installed and operated hereunder, may also engage
_ in the business of:
(1) transmitting original cablecast programming not
received through television broadcast signals;
(2) transmitting television pictures, film and video-
tape programs, not received through broadcast television signals
whether or not encoded.or_processed to..permit reception by only
selected receivers or subscribers;
(3) transmitting and receiving all other signals:
digital, voice and audio-visual.
(c) Subscriber complaints. In addition to other service
regulations adopted by the Council, and excepting circumstances
beyond grantee's control, such as Acts of God, riots and civil
disturbances, and in providing the foregoing services, the gran-
tee shall, unless otherwise provided by the franchise as granted:
(1) limit system failures to minimum time duration
by locating and correcting malfunctioning promptly, but in no
event longer than twenty-four hours after occurrence, irrespec-
tive of holidays or other non -business hours.
(2) upon complaint by a subscriber, make a demonstra-
tion satisfactory to the city manager that a signal is being
delivered which is of sufficient strength and quality to meet the
standards set forth in the regulations of the Federal Communica-
tions Commission:
(3) render efficient service, making repairs promptly
and interrupting service only for good cause and for the shortest
time possible. Planned interruptions, insofar as possible, shall
be preceded by notice given to subscribers twenty-four hours in -
advance and shall occur during periods of minimum use of the system.
(4) maintain an office in the city, which office shall
be open during all the usual business hours, with its telephone
listed in directories of the telephone company serving the city,
and be so operated that complaints and requests for repairs or
adjustment may be received at any time, day or night, seven days
a week, or provide a local telephone directory listing and "toll
free" telephone service maintained on a seven-day, twenty-four
hour basis for the receipt of consumer complaints;
(5) maintain a written record, or "log," listing date
of customer complaints, identifying the subscriber and describing
the nature of the complaint, and when and what action was taken
by grantee in response thereto; said record shall be kept at
grantee's local office, for a period of two years from the date
of complaint, and shall be available for inspection during regu-
lar business hours without further notice or demand, by the city
manager.
(d) Municipal service. (1) With respect to the local
government channel, the grantee shall provide, at the request of
the city manager, and upon City reimbursement of grantee's actual
cost, use of grantee's studio, equipment and technical services
for production of live and video-tape municipal programs, subject
to scheduling requirements of the grantee;
(2) with respect to the basic television services, the
grantee shall provide all basic services, and a tie-in connection,
without cost, when the property is equipped with cable and as
designated by the Council, subject to the requirements of federal law to:
(A) public schools and community colleges with-
in the City, and
(B) buildings owned and controlled by the City,
used for public purposes and not for residential use (fire and
police stations excepted.)
(e) Compatibility and connectibility. (1) It is the
desire of the City that all cable television systems franchised
hereunder shall, insofar as financially and technically possible,
be compatible one with another and with systems adjacent to the
City.
(2) Wherever it is financially and technically
feasible, the grantee shall so construct, operate and modify the
system so as to tie the same into all other systems within and
adjacent to the City.
(f) Uses permitted. Any franchise granted pursuant to
the provisions of this chapter shall authorize and permit the
grantee to engage in the business of operating and providing a
cable television system in the City, and for that purpose to
erect, install, construct, repair, replace, reconstruct, maintain
and retain in, on, over, under, upon, across and along any street,
such poles, wires, cable conductors, ducts, conduit, vaults,
manholes, amplifiers, and appliances, attachments, and other pro-
perty as may be necessary and appurtenant to the cable television
system; and, in addition, so to use, operate, and provide similar
facilities or properties rented or leased from other persons,
firms or corporations, including but not limited to any public
utility or other grantee franchised or permitted to do business
in the City.
5.10.040 Franchise payments. (a) In consideration of the
granting and exercise of a franchise to use the streets, as here-
in defined, for the operation of a cable television system, any
grantee shall pay to the City, during the life of the franchise,
three (3) percent of the franchisee's gross revenues per year
from all cable services in the community except that, to the
extent that the Federal Communications Commission, in its Rules and
Regulations, at some time in the future allows a City to raise
the franchise fee to five (5) percent absent the showings cur-
rently required by Section 76.31 of the Rules and Regulations of
the Federal Communications Commission, the City reserves the
right to increase the franchise fee to a level of 5%.
(b) The percentage payments shall be made in the manner,
and at times directed in said franchise or in a Council resolution
fixing franchise fees and adopting rules for service and rate
regulation.
(c) No acceptance of any payment shall be construed as a
release or as an accord and satisfaction of any claim the City
may have for further or additional sums payable under this or-
dinance or for the performance of any other obligation hereunder.
5.10.050 Franchise term: duration and termination. (a)
Unless otherwise provided by the franchise as granted, the franchise
granted by the Council under this chapter shall be for a term of
fifteen years from the date of its acceptance by the grantee. During
the fourteenth year of the franchise or earlier, the grantee may
apply to the Council for a renewal of the franchise.
Permission to renew for additional terms of fifteen years shall
not be unreasonably withheld if the grantee has substantially
complied with the terms and conditions of the existing
franchise.
(b) The City may terminate any franchise granted pursuant
to the provisions of this chapter in the event of the willful
failure, refusal or neglect by grantee to do or comply with any
material requirement or limitation contained in this chapter, or
any material rule or regulation of the Council or city manager
validly adopted pursuant to this chapter.
(c) The city manager may make written demand that the
grantee do or comply with any such requirement, limitation, term,
condition, rule or regulation. If the failure, refusal or neglect
of the grantee continues for a period of thirty days following
such written demand, the city manager may place his request for
termination of the franchise upon the next regular Council meeting
agenda. The city manager shall cause to be served upon such
grantee, at least ten days prior to the date of such Council
meeting, a written notice of his intent to request such termina-
tion, and the time and place of the meeting, notice of which shall
be published by the city clerk at least once ten days before such
meeting in a newspaper of general circulation within the city.
(d) The Council shall consider the request of the city
manager and shall hear any persons interested therein, and shall
-- determine, in its discretion, whether or not any failure, refusal
or neglect by the grantee was with just cause.
(e) If such failure, refusal or neglect by the grantee was
with just cause, the Council shall direct the grantee to comply
within such time and manner and upon such terms and conditions as
are reasonable.
(f) If the Council shall determine such failure, refusal
or neglect by the grantee was without just cause, then the Council
may, by resolution, declare that the franchise of such grantee
shall be terminated and forfeited unless there be compliance by
the rantee within such period as the Council may fix.
The termination and forfeiture of any franchise shall
in no way effect any of the rights of the City under the franchise
or any provision of law.
5.10.060 Applications for franchise. (a) Each
application for a franchise to construct, operate, or maintain
any cable television systems in this City shall be filed with
the city clerk and shall contain or be accompanied by the following,
unless waived by the city manager.
(1) the name, address, and telephone number of the
applicant;
(2) a detailed statement of the corporate or other business
entity organization of the applicant, including but not limited
to, the following and to whatever extent required by the City:
(A) the names, residence and business addresses
of all officers, directors, and associates of the applicant.
(B) the names, residence and business addresses
of all officers, persons and entities having, controlling, or
being entitled to have or control of 5% or more of the ownership
of the applicant and the respective ownership share of each such
person or entity.
(C) the names and addresses of any parent or
subsidiary of the applicant, namely, any other business entity
owning or controlling applicant in whole or in part or owned or
controlled in whole or in part by the applicant, and a statement
describing the nature of any such parent or subsidiary business
entity, including but not limited to cable television systems
owned or controlled by the applicant, its parent and subsidiary
and the areas served thereby.
(D) a detailed description of all previous ex-
perience of the applicant in providing cable television system
service and in related or similar fields.
(E) a detailed and complete financial statement
of the applicant, prepared by a certified public accountant, for
the fiscal year next preceding the date of the application here-
under, or a letter or other acceptable evidence in writing from
a recognized lending institution or funding source, addressed to
both the applicant and the Council, setting forth the basis for
a study performed by such lending institution or funding source,
and a clear statement of its intent as a lending institution or
funding source to provide whatever capital shall be required by
the applicant to construct and operate the proposed system in the
City, or a statement from a certified public accountant, certi-
fying that the applicant has available sufficient free, net and
uncommitted cash resources to construct and operate the proposed
system in this City.
(F) a statement identifying, by place and date,
any other cable television franchise(s) awarded to the applicant
its parent or subsidiary; the status of said franchise(s) with
respect to completion thereof; the total cost of completion of
such system(s); and the amount of applicant's and its parent's
or subsidiary's resources committed to the completion thereof.
(b) A detailed description of the proposed plan of opera-
tion of the applicant which shall include, but not be limited to,
the following:
(1) a detailed map indicating all areas proposed to
be served, and a proposed time schedule for the installation of
all equipment necessary to become operational throughout the en-
tire area to be served.
(2) a statement or schedule setting forth all proposed
classifications of rates and charges to be made against subcribers
and all rates and charges as to each of said classifications, in-
cluding installation charges and service charges.
(3) a detailed, informative, and referenced statement
— describing the actual equipment and operational standards proposed
by the applicant and that such standards of operations are in com-
pliance with those contained in Title 47, Subpart K (Section 76.601
et seq.), of the Rules and Regulations of the Federal Communications
Commission.
(4) a copy of the form of any agreement, undertaking,
or other instrument proposed to be entered into between the appli-
cant and any subscriber.
(5) a detailed statement setting forth in its entirety
any and all agreements and undertakings, whether formal or infor-
mal, written, oral, or implied, existing or proposed to exist be-
tween the applicant and any person, firm, or corporation which
materially relate or pertain to or depend upon the application -
and the granting of the franchise.
(c) A copy of any agreement covering the franchise area,
if existing between the applicant and any public utility subject
to regulation by the California Public Utilities Commission pro-
viding for the use of any facilities of the public utility, in-
cluding but not limited to poles, lines, or conduits.
(d) Any other details, statements, information or refer-
ences pertinent to the subject matter of such application which
shall be required or requested by the Council, or by any provision
of any other Ordinance of the City.
(e) An application fee in the sum of $1,000.00, which
shall be in the form of cash, certified or cashier's check, or
money order, to pay the costs of studying, investigating, and
otherwise processing such application, and which shall be in con-
sideration thereof and not returnable or refundable in whole or
in part, except to the extent that such fee exceeds the actual
costs incurred by the City in studying, investigating and other-
wise processing the application; provided, that any applicant who
shall deliver to the city clerk a written withdrawal of or cancel-
lation of any application hereunder, not later than the seventh
day next following the day such application is received by the
city clerk, shall be entitled to have returned and refunded the
sum of $500.00, less any actual costs or expenses incurred by the
City by reason of such application.
(f) The Council may, by advertisement or any other means,
solicit and call for applications for cable television system
franchises, and may determine and fix any date upon or after which
the same shall be received by the City, or the date before which
the same must be received, or the date after which the same shall
not be received, and may make any other determinations and speci-
fy any other times, terms, conditions, or limitations respecting
the soliciting, calling for, making and receiving of such appli-
cations.
The grantee shall pay to the City a sum of money sufficient
to reimburse it for all publication expenses incurred by it in
connection with the granting of a franchise pursuant to the pro-
visions of this chapter. Such payment shall be made within thirty
days after the City furnishes the grantee with a written statement
of such expenses.
(g) Upon receipt of any application for franchise, the
Council shall refer the same to the city manager who shall prepare
a report and make his recommendations respecting such application,
and cause the same to be completed and filed with the Council
within forty-five days.
(h) In making any determination hereunder as to any appli-
cation the Council may give due consideration to the quality of
the service proposed, rates to subscriber, income to the City,
experience, character, background, and financial responsibility
of any applicant, and its management and owners, technical and
performance quality of equipment, willingness and ability to
meet construction and physical requirements, and to abide by
policy conditions, franchise limitations and requirements, and
any other considerations deemed pertinent by the Council for safe-
guarding the interests of the City and the public. The Council,
in its discretion, shall determine the award of any franchise on
the basis of such considerations and without competitive bidding.
If the Council shall determine to reject such application, such
determination shall be final and conclusive, and the same shall
be deemed rejected.
(i) If the Council shall determine to further consider
the application, the following shall be done:
(1) the Council shall decide and specify the terms
and conditions of any franchise to be granted hereunder and as
herein provided;
(2) the Council shall pass its resolution of inten-
tion to consider the granting of such a franchise, giving notice
of receipt of the application, and describing the character of
the franchise desired, stating the name of the proposed grantee,
the character of the franchise, the terms and conditions upon
which such franchise is proposed to be granted, that copies of
the proposed franchise may be obtained at the office of the city
clerk, fixing and setting forth a day, hour, and place certain
when and where any persons having any interest therein or objec-
tion to the granting thereof may file written protests and appear
before the Council and be heard, and directing the city clerk to
publish said resolution at least once within ten days of the
passage thereof in a newspaper in general circulation within the
City.
(j) At the time set for the hearing, or at any adjournment
thereof, the Council shall proceed to hear all written protests.
Thereafter, the Council shall make one of the following determin-
ations:
(1) that such franchise be denied; or
(2) that such franchise be granted upon the terms and
conditions as specified in the resolution of intention to grant
the same; or
(3) that such franchise be granted, but upon the terms
and conditions different from those specified in the resolution
of intention to grant the same.
(k) If the Council shall determine that a franchise be de-
nied such determination shall be expressed by resolution and shall
be final and conclusive.
(1) If the Council shall determine that a franchise be
granted upon the terms and conditions as specified in the resolu-
tion of intention to consider granting the same, such determination
shall be expressed by ordinance granting a franchise to the appli-
cant.
(m) If the Council shall determine upon granting a franchise
upon terms and conditions different from those specified in the
resolution of intention to consider granting the same, then such
determination shall be expressed by resolution adopted prior to
granting a franchise by ordinance.
5.10.070 Indemnifications; insurance. (a) Hold harmless
agreement. Grantee shall indemnify and hold harmless the City,
its officers, boards, commissions, agents and employees, against
and from any and all claims, demands, causes of actions, actions,
suits, proceedings, damages (including but not limited to damages
to City property and damages arising out of copyright infringe-
ments, and damages arising out of any failure by grantee to secure
consents from the owners, authorized distributors or licensees of
programs to be delivered by grantee's cable television system),
costs or liabilities (including costs or liabilities of the City
with respect to its employees), of every kind and nature whatsoever,
including but not limited to damages for injury or death or damage
to person or property, and regardless of the merit of any of the
same, and against all liability to others, and against any loss,
cost and expense resulting or arising out of any of the same,
including any attorney fees, accountant fees, expert witness or
consultant fees, court costs, per diem expense, traveling and
transportation expense, or other costs or expenses arising out of
or pertaining to the exercise or the enjoyment of any franchise
hereunder by grantee, or the granting thereof by the City.
(b) Defense of litigation. Grantee shall at the sole risk
and expense of grantee, upon demand of the City, made by and
through the city attorney, appear in and defend any and all suits,
actions, or other legal proceedings, whether judicial, quasi-
judicial, administrative, legislative, or otherwise, brought or
instituted or had by third persons or duly constituted authorities,
against or affecting the City, its officers, boards, commissions,
agents, or employees, and arising out of or pertaining to the
exercise or the enjoyment of such franchise or the granting thereof
by the City. Grantee shall pay and satisfy and shall cause to be
paid and satisfied any judgment, decree, order, directive, or
demand rendered, made or issued against grantee, the City, its
officers, boards, commissions, agents, or employees in any of
these premises; and such indemnity shall exist and continue with-
out reference to or limitation by the amount of any bond, policy
of insurance, deposit, undertaking or other assurance required
hereunder, or otherwise; provided, that neither grantee nor City
shall make or enter into any compromise or settlement of any claim,
demand, cause of action, action, suit, or other proceeding, without
first obtaining the written consent of the other.
(c) Insurance required. Upon being granted a franchise,
and upon the filing of the acceptance required under Section
5.10.080, the grantee shall file with the city clerk and shall
thereafter during the entire term of such franchise maintain in
full force and effect at its own cost and expense each of the
following policies of insurance:
(1) General Comprehensive Liability Insurance in the
amount of not less than $10,000,000, together with Bodily Injury
Liability Insurance in an amount not less than $1,000,000 for
injuries including accidental death, to any one person, and subject
to the same limit for each person in an amount not less than
$1,000,000 on account of any one occurrence, and Property Damage
Liability Insurance in an amount not less than $100,000 resulting
from any one occurrence; provided,however, as follows:
(i) the City shall be named as an additional in-
sured in any of said insurance policies; and
(ii) where such insurance is provided by a policy
which also covers grantee or any other entity or person, it shall
contain the standard cross -liability endorsement.
5.10.080 Acceptance of the Franchise. (a) No franchise
granted under this chapter shall become effective for any purpose
unless and until written acceptance thereof shall have been filed
with the city clerk. Written acceptance, which shall be in the
form and substance approved by the city attorney, shall also be
and operate as an acceptance of each and every term and condition
and limitation contained in this chapter, or in such franchise,
or otherwise specified as herein provided.
(b) The written acceptance shall be filed by the grantee
not later than 12:01 o'clock P.M. of the fortieth (40th) day next
following the effective date of the ordinance granting such fran-
chise.
(c) In default of the filing of such written acceptance
as herein required, grantee shall be deemed to have rejected and
repudiated the franchise. Thereafter, the acceptance of the
grantee shall not be received nor filed by the city clerk. The
grantee shall have no rights, remedies, or redress in the premises,
unless and until the Council, by resolution, shall determine that
such acceptance be received or filed, and then upon such terms
and conditions as the Council may impose.
(d) In any case, and in any instance, all rights, remedies
and redress in these premises which may or shall be available to
the City, shall at all times be available to the City, and shall
be preserved and maintained and shall continuously exist in and
to the City, and shall not be in any manner or means modified,
abridged, altered, restricted, or impaired by reason of any of
these premises, or otherwise.
(e) Any franchise granted and accepted under this chapter
shall be in lieu of any and all other rights, privileges, immuni-
ties, and authorities owned, possessed, controlled, or exercisable
by the grantee, of or pertaining to the construction, operation,
or maintenance of any cable television systems in the City.
5.10.090 Limitations of franchise. (a) Every franchise
granted under this chapter shall be non-exclusive.
(b) No privilege or exemption shall be granted or conferred
by any franchise granted under this chapter except those specifi-
cally prescribed herein or in the franchise as granted.
(c) Any privilege claimed under any such franchise by the
grantee in any street or other public property shall be subordinate
to any prior lawful occupancy to the streets or other public
property.
(d) Any such franchise shall be a privilege to be held in
personal trust by the original grantee. It cannot in any event
be sold, transferred, leased, assigned or disposed of, in whole
or in part, either by forced or involuntary sale, or by voluntary
sale, merger, consolidation or otherwise, without prior consent
of the Council expressed by resolution, and then only under such
conditions as may therein be prescribed. Any such transfer or
assignment shall be made only by an instrument in writing, such
as a bill of sale, or similar document, a duly executed copy of
which shall be filed in the office of the city clerk within thirty
days after any such transfer or assignment. The said consent of
the Council may not be unreasonably refused; provided, however,
the proposed assignee must show -financial responsibility as deter-
mined by the Council and must agree to comply with all provisions
of this chapter; and provided, further, that no such consent shall
be required for a transfer in trust, mortgage, or other hypotheca-
tion, in whole or in part,to secure an indebtedness, except that
when such hypothecation shall exceed 50% of the market value of
the property used by the franchisee in the conduct of the cable
television system, prior consent of the Council shall be required
for such a transfer. Such consent shall not be withheld unreason-
ably.
In the event that grantee is a corporation, prior approval
of the Council, expressed by ordinance, shall be required where
there is an actual change in control or where ownership of more
than 50% of the voting stock of grantee is acquired by a person
or group of persons acting in concert, none of whom already own
50% or more of the voting stock, singly or collectively. Any
such acquisition occurring without prior approval of the Council
shall constitute a failure to comply with a provision of this
chapter within the meaning of Section 5.10.050. Such approval
shall not be unreasonably withheld.
(e) Time shall be of the essence of any such franchise
_ granted hereunder. The grantee shall not be relieved of his
obligation to comply promptly with any of the provisions of this
chapter by any failure of the City to enforce prompt compliance.
(f) Any right or power in, or duty impressed upon, any
officer, employee, department, or board of the City shall be sub-
ject to transfer by the City to any other officer, employee,
department or board of the City.
(g) The grantee shall have no recourse whatsoever against
the City for any loss, cost, expense or damage arising out of
any provision or requirement of this chapter or of any franchise
issued hereunder or because of its enforcement.
(h) The grantee shall be subject to all requirements of
City laws, rules, regulations, and specifications heretofore or
hereafter enacted or established.
(i) Any such franchise granted shall not relieve the gran-
tee of any obligations involved in obtaining pole or conduit
space from any department of the City, utility company, or from
others maintaining utilities in streets.
(j) Any franchise granted hereunder, shall be in lieu of
any and all other rights, privileges, powers, immunities, and
authorities owned, possessed, controlled, or exercisable by
grantee, or any successor to any interest of grantee, of or
pertaining to the construction, operation, or maintenance of any
cable television system in the City; and the acceptance of any
franchise hereunder shall operate, as between grantee and the City,
as an abandonment of any and all of such rights, privileges, powers,
immunities, and authorities within the City, to the effect that,
as between grantee and the City, and all construction, operation
and maintenance by any grantee of any cable television system in
the City shall be and shall be deemed and construed in all instances
and respects to be, under and pursuant to said franchise, and not
hereunder or pursuant to any other right, privilege, power,
immunity or authority whatsoever.
5.10.100 Rights reserved to the City. Unless otherwise
provided by the franchise as granted, the City reserves the power
to adopt and enforce requirements and regulations on any or all
of the following matters, if and when deemed necessary and proper
in the public interest in the discretion of the city council and
is consistent with Rules and Regulations of the Federal Communica-
tions Commission:
(a) Procedures for the periodic fixing of reasonable rates
and service charges to be charged to subscribers by grantee, and
provisions for the enforcement thereof.
(b) Operational standards pertaining to the quality of
audio-visual reception by subscribers.
(c) Channel capacity requirements.
(d) Requirements for carriage of specified television sig-
nals, radio signals, and supplementary signal carriage services.
(e) Requirements for the provision of equipment and channels
for local production and presentation of cablecast programs, and
regulations pertaining thereto.
(f) Requirements and regulations pertaining to minimum ser-
vice requirements and fair business practices by the grantee.
(g) Public Safety requirements pertaining to the install-
ation and use of all CATV equipment.
(h) Procedures for the investigation and resolution of all
complaints by subscribers regarding grantee's CATV operations,
including implementation thereof by designated City officers,
employees or agents.
(i) There is hereby reserved to the City every right and
power which is required to be herein reserved or provided by any
law and the grantee, by its acceptance of the franchise, agrees
to be bound thereby and to comply with any action or requirements
of the City in its exercise of such rights or power, heretofore
or hereafter enacted or established.
(j) Nothing herein shall be deemed or construed to impair
or affect, in any way, to any extent, the right of the City to
acquire the property of the grantee, either by purchase or through
the exercise of the right of eminent domain, at a fair and just
value, which shall not include any amount for the franchise itself
or for any of the rights or privileges granted, and nothing herein
contained shall be construed to contract away or to modify or
abridge,whether for a term or in perpetuity, the City's right of
eminent domain.
(k) Neither the granting of any franchise nor any provision
hereof shall constitute a waiver or bar to the exercise of any
governmental right or power of the City.
(1) The Council may do all things which are necessary and
convenient in the exercise of its jurisdiction under this chapter
and may determine any question of fact which may arise during the
existence of any franchise granted hereunder. The city manager
with the approval of the city attorney, is hereby authorized and
empowered to adjust, settle, or compromise any controversy or
charge arising from the operations of any grantee under this chap-
ter, either on behalf of the City, the grantee,or any subscriber,
in the best interest of the public. Either the grantee or any
member of the public who may be dissatisfied with the decision
of the city manager may appeal the matter to the Council for hear-
ing and determination. The Council may accept, reject or modify
the decision of the city manager, and the Council may adjust,
settle or compromise any controversy or cancel any charge arising
from the operations of the grantee or from any provision of this
chapter.
.10.110 Council to adopt rules and re.-ulations.
(a) Standards of Operation. (1) Prior to receiving any
applications for franchises, the Council may adopt rules, regula-
tions and standards governing the operation of cable television
systems in the City. Such rules, regulations and standards shall
apply to and shall govern the operations of the grantee of any
franchise hereunder, and are expressly declared a part of any
franchise hereunder.
(2) Rules, regulations and standards not adopted prior
to receiving any application for a franchise shall be adopted by
the Council at the first regular meeting of the Council next
following the effective date of this chapter, by resolution which
shall become effective upon adoption and shall be applicable to
any application for a franchise previously received.
(3) The standards adopted pursuant to these proce-
dures shall be exclusively in those areas not either expressly or
impliedly preempted by the Federal Communications Commission at
the time of adoption.
(4) Provided the same do not materially alter the con-
tent of the franchise without consent of the grantee, the Council
may at any time adopt new rules or regulations or standards, or
may amend, modify, delete, or otherwise change its respective
rules or regulations or standards previously adopted, in the
following manner: The Council shall pass its resolution of
intention stating or describing the rules or regulations or
standards to be adopted, amended, modified, deleted, or otherwise
changed, and fixing and setting forth a day, hour and place certain
when and where any persons having any interest therein or objection
thereto may appear before the Council and be heard. Such resolution
shall direct the city clerk to publish the same at least once
within ten days of the passage thereof in a newspaper of general
circulation within the City, and to mail a copy of the same to any
grantee or applicant for a franchise, not more than thirty days
nor less than fifteen days prior to the time fixed for hearing
thereon.
(5) At the time set for such hearing, or at any ad-
journment thereof, the Council shall proceed to hear and pass upon
--- such comments as may be presented. Thereafter the Council, by its
resolution, may adopt, amend, modify, delete or otherwise change
its respective rules, regulations and standards. Such determination
by the Council shall be final and conclusive.
(6) Any rule or regulation or standard as adopted,
amended, modified, deleted, or otherwise changed by the Council
shall become effective upon the tenth day following the adoption
of such resolution, unless a longer period shall be otherwise
provided in such resolution.
(b) Rates. Unless and until the Council adopts an ordi-
nance establishing procedures for the periodic fixing of reasonable
rates pursuant to Section 5.10.100, the following limitations shall
apply to the rates charged to subscribers by grantee:
(1) No increase in rates shall be imposed upon sub-
scribers except after thirty days prior notice to subscribers.
(2) No charge shall be imposed upon any subscriber
for termination of CATV service or removal of CATV apparatus upon
termination of such service.
(3) No charge shall be made to any subscriber by
reason of the maintenance, repair, removal, or replacement of any
CATV apparatus, or property of grantee, unless the same was caused
by the deliberate or negligent act of said subscriber.
(4) Except as otherwise provided by paragraph (a)
hereinabove, grantee shall not charge different rates to subscribers
within the same class of service, nor shall there be any difference
in the services or facilities or in any other respect between sub-
scribers within the same class, except that installation charges
may vary according to the costs of installation. No grantee shall
make or grant any preference to any corporation or person as to
rates, charges, services, facilities,or rebates, or in any other
respect, nor subject any corporation or person to any prejudice
or disadvantage.
(5) Except as otherwise provided by paragraph (a) here-
inabove, grantee shall not, without specific approval from the
Council, charge within the City any rate, charge, fee, price, cost,
or the like, which substantially exceeds the same then currently
charged by grantee to patrons and customers in any area surrounding
or near to the City.
5.10.120 Permits and construction. (a) Within thirty days
after acceptance of any franchise, the grantee shall proceed with due
diligence to obtain all necessary permits and authorizations which
are required in the conduct of its business including, but not limited
to, any utility joint use attachment agreements, microwave carrier
licenses and any other permits, licenses and authorizations to be
granted by duly constituted regulatory agencies having jurisdiction
over the operation of the cable television systems,or associated
microwave transmission facilities. In connection therewith, copies
of all petitions, applications and communications submitted by the
grantee to the Federal Communications Commission, Securities and
Exchange Commission, or any other federal or state regulatory commis-
sion or agency having jurisdiction in respect to any matters affecting
grantee's cable television operations, shall also be submitted
simultaneously to the city manager, if requested.
(b) Within ninety days after obtaining all necessary permits,
licenses and authorizations, including right of access to poles and
conduits, grantee shall commence construction and installation of
the cable television system.
(c) Within one hundred eighty days after the commencement
of construction and installation of the systems, grantee shall proc-
eed to render service to subscribers, and the completion of the
installation and construction shall be pursued with reasonable
diligence thereafter, so that service to all of the areas desig-
nated and scheduled on the map and plan of construction made part
of the franchise shall be provided as set forth therein.
(d) Grantee shall utilize existing poles, conduits, and
other facilities whenever possible, and shall avoid constructing
or installing any new, different, or additional poles, conduits,
or other facilities whether on public property or on privately -
owned property.
Whenever grantee shall not utilize existing poles, conduits
and other facilities, or whenever existing conduits and other
facilities shall be located beneath the surface of the streets, or
whenever the City shall undertake a program designed to cause all
conduits and other facilities to be located beneath the surface of
the streets in any area or throughout the City, in the exercise
of its police power or pursuant to the terms hereof, upon reason-
able notice to grantee, any such conduits or other facilities of
Grantee shall be constructed,installed, placed, or replaced
beneath the surface of the streets. Any construction, installation,
placement, replacement, or changes which may be so required shall
be made at the expense of grantee, whose costs shall be determined
as in the case of public utilities.
(e) The City shall have the right, free of charge, to make
additional use, for any public or municipal purpose, whether govern-
mental or proprietary, of any poles, conduits, or other similar
facilities erected, controlled, or maintained exclusively by or
for grantee in any street, provided such use by City does not in-
terfere with the use by grantee.
(f) In those areas of the City where the transmission or
distribution facilities of the respective public utilities pro-
viding telephone communication and electric services are under-
ground or hereafter are placed underground, the grantee likewise
shall construct, operate and maintain all of his transmission and
distribution facilities underground. The term "underground" shall
include a partial underground system; provided, that upon obtaining
the written approval of the city manager, amplifiers in the
grantee's transmission and distribution lines may be placed in
appropriate housings upon the surface of the ground.
(g) The grantee at his expense shall protect, support, tempo-
rarily disconnect, relocate, or remove any property of grantee when,
in the opinion of the city manager the same is required by reason
of traffic conditions, public safety, street vacation, freeway or
street construction, change or establishment of street grade,
installation of sewers, drains, waterpipes, power line, signal line,
transportation facilities, tracks, or any other types of structure
or improvements or governmental agencies whether acting in a
governmental or a proprietary capacity, or any other structure or
public improvement, including but not limited to movement of
buildings, urban renewal and redevelopment, and any general pro-
gram under which the City shall undertake to cause all such pro-
perties to be located beneath the surface of the ground. The
grantee shall in all cases have the privilege, subject to the
corresponding obligations, to abandon any property of grantee in
place, as herein provided. Nothing hereunder shall be deemed a
taking of the property of grantee, and grantee shall be entitled
to no surcharge by reason of anything hereunder.
(h) Upon the failure, refusal or neglect of grantee to cause
any work or other act required by law or hereunder to be properly
completed in, on, over or under any street within any time pre-
scribed therefor, or upon notice given, where no time is prescribed,
the city manager may cause such work or other act to be completed
in whole or in part, and upon so doing shall submit to grantee an
itemized statement of the costs thereof. The grantee shall, with-
in thirty days after receipt of such statement, pay to the City
the entire amount thereof.
(i) In the event that,
(1) the use of any part of the system of grantee is
discontinued for any reason for a continuous period of thirty
days, without prior written notice to and approval by the City; or
(2) any part of such system has been installed in any
street or other area without complying with the requirements hereof;
or
(3) any franchise shall be terminated, cancelled, or
shall expire, then the grantee shall, at the option of the City,
and at the expense of grantee and at no expense to the City, and
upon demand of the City, promptly remove from any streets or other
area all property of grantee, and grantee shall promptly restore
the street or other area from which such property has been removed
to such condition as the city manager shall approve.
The Council may, upon written application therefor, by
grantee, approve the abandonment of any of such property in place
by grantee and under such terms and conditions as the Council may
prescribe. Upon abandonment of any such property in place, grantee
shall cause to be executed, acknowledged, and delivered to the City
such instruments as the city attorney shall prescribe and approve,
transferring and conveying the ownership of such property to the
City.
5.10.130 Technical Standards. (a) The performance of
grantee's cable television system shall meet the technical stan-
dards as set forth in Section 76.605 or any successor section of
the Federal Communication Commission's Rules, as those standards
may exist from time to time.
(b) Grantee shall conduct performance tests in accordance
with the requirements of Section 76.601 or any successor section
of the Federal Communication Commission's Rules, as these require-
ments may apply or be extended from time to time.
5.10.140 Miscellaneous Provisions. (a) A Franchise
granted to provide service within the City shall authorize and
permit the grantee to solicit, sell, distribute, and make a charge
to subscribers within the City for connection to the cable tele-
vision system of grantee, and shall also authorize and permit the
grantee to traverse any portion of the City in order to provide
service outside the City.
(b) A franchise, easement, license or other permit granted
to anyone other than the grantee to traverse any portion of the
City in order to provide service outside the City shall not auth-
orize nor permit said person to solicit, sell, distribute, or make
any charge to subscribers within the City nor to render any service
or connect any subscriber within the City to the cable television
service system of grantee.
(c) No franchise granted under this chapter shall ever be
given any value by any Court or other authority, public or private,
in any proceeding of any nature or character, wherein or whereby
the City shall be a party or affected therein or thereby.
(d) Grantee shall be subject to all provisions of the other
ordinances, rules, regulations, and specifications of the City
heretofore or hereafter adopted, including but not limited to
those pertaining to works and activities in, on, over, under and
about streets.
Any privilege claimed under any franchise granted pursuant
to this chapter in any street or other public property shall be
subordinate to any prior lawful occupancy of the streets or other
public property.
Grantee also shall be subject to the provisions of general
laws of the State of California, or as hereafter amended, when
applicable to the exercise of any privilege contained in any fran-
chise granted under this chapter, including but not limited to
those pertaining to works and activities in and about State highways.
(e) Grantee shall be prohibited from directly or indirectly
doing any of the following:
(1) engaging in the business of selling at retail,
leasing, renting, repairing or servicing of television sets or
radios;
(2) imposing a fee or charge for any service or repair
to subscriber -owned receiving devices except for the connection
of its service or for the determination by grantee of the quality
of its signal to the recipients thereof.
(3) soliciting, referring, or causing or permitting
the solicitation or referral of any subscriber to persons engaged
in any business herein prohibited to be engaged in by grantee.
(4) providing information concerning the viewing pat-
terns of identifiable individual subscribers to any person, group
or organization for any purpose.
(f) If the Federal Communications Commission or the Public
Utilities Commission of the State of California or any other
Federal or State body or agency shall now or hereafter exercise
any paramount jurisdiction over the subject matter of any franchise
granted under this chapter, then to the extent such jurisdiction
shall preempt or preclude the exercise of like jurisdiction by the
City the jurisdiction of the City shall cease and no longer exist.
(g) When not otherwise prescribed herein, all matters herein
required to be filed with the City shall be filed with the city
clerk.
(h) No person, firm or corporation within the service area
of the grantee, and where trunk lines are in place, shall be
refused service; provided, however, that the grantee shall not be
required to provide service to any subscriber who does not pay
the applicable connection fee or service charge.
(i) The form of the grantee's contract with the subscriber
shall also be subject to approval of the City.
5.10.150 Equal opportunity employment and affirmative ac-
tion plan. (a) In the carrying out of the construction, main-
tenance and operation of the cable television system, the grantee
shall not discriminate against any employee or applicant for em-
ployment because of race, creed, color, sex, or national origin.
(b) The grantee shall take affirmative action to ensure
that applicants are employed, and that employees are treated
during employment, without regard to their race, creed, color, sex
or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation, and selection of
training, including apprenticeship.
(c) The grantee shall post in conspicuous places, available
to employees and applicants for employment, notices setting forth
the provisions of this non-discrimination clause.
(d) The grantee shall, in all solicitations, or advertise-
ments for employees placed by or on behalf of the grantee, state
that all qualified applicants shall receive consideration for
employment without regard to race, creed, color, sex, or national
origin.
(e) The grantee shall incorporate the foregoing requirements
in all of its contracts for work relative to construction, main-
tenance and operation of the cable television system, other than
contracts for standard commercial supplies or raw materials, and
shall require all of its contractors for such work to incorporate
such requirements in all subcontracts for such work.
5.10.160 Violations. (a) It shall be unlawful for any
person to construct, install or maintain within any public street
in the City, or within any other public property of the City, or
within any privately -owned area within the City which has not yet
become a public street but is designated or delineated as a proposed
public street on any tentative subdivision map approved by the City,
any equipment or facilities for distributing any television signals
or radio signals through a cable television system, unless a fran-
chise authorizing such use of such street or property or area has
first been obtained pursuant to the provisions of this chapter, and
unless such franchise is in full force and effect.
(b) It shall be unlawful for any person, without the consent
of the owner, to wilfully tamper with, remove..or injure any cables,
wires or equipment used for distribution of television signals,
radio signals, pictures, programs or sound.
Chapter 5.1.2
DANCES
Sections:
5.12.010 Definitions.
5.12.020 Hours.
5.12.030 Permit required.
5.12.040 Operation during suspension or revocation.
5.12.060 Effect of permit.
5.12.070 Posting of permit.
5.12.080 Requisites to issuance of permit --Factors
considered.
5.12.090 Permit requiring policing.
5.12.100 Permit --Issuance.
5.12.110 Permit --Expiration date.
5.12.120 Filing of application --Fee.
5.12.130 Exemption of casual dances.
5.12.140 Application--Presentation--Contents.
5.12.150 Reference.
5.12.160 Investigation.
5.12.170 Recommendation.
5.12.180. Consideration, decision by city manager.
5.12.190 Suspension of permit --Requirement of police
officer.
5.12.200 Service of order.
5.12.210 Duration of suspension--Hearing--Notice.
5.12.220 Notice --Manner of service.
5.12.230 Right to be heard.
5.12.240 Action by city manager upon hearing.
5.12.250 Power to make rules and regulations.
5.12.260 Custody of rules.
5.12.270 Special police officers --Application by
management.
5.12.280 Special officers required by city.
5.12.290 Cost of policing.
5.12.300 Appeals.
5.12.010 Definitions. In this chapter, unless another
meaning is clearly apparent from the context:
(1) "Club dance" means any dance held by a dancing club;
(2) "Dancing club" means any club or association of persons
which conducts dances (other than public dances for its members
or bona fide guests) more often than once per month at which a
fee is charged, either for admission to such dance or for dancing
therein, or at which any collection or donation of money is made
or received, or in which the amount of dues to be paid by each
member is dependent upon attendance at such dances by such
members;
(3) "Public dance" means a gathering of persons in or upon
any premises where dancing is participated in, either as the main
purpose for such gathering or as an incident to some other
purpose, and to which premises the public is admitted;
(4) "Public dance hall" means a place where dancing is
conducted, whether for profit or not for profit, and to which the
public is admitted, either with or without charge or at which the
public is allowed to participate in the dancing, either with or
without charge.
5.12.020 Hours. No person shall conduct, manage, carry
on, allow or participate in dancing at any dancing club, public
dance or public dance hall between the hours of two a.m. and
eight a.m.
5.12.030 Permit required. No person, whether as
principal, agent, employee or otherwise, shall conduct, manage,
carry on, or participate in any dancing club, dancing school,
studio, public dance or public dance hall unless by authority of
a permit from the city manager.
5.12.040 Operation durino suspension or revocation. It
is unlawful to conduct or manage or carry on any dancing club,
public dance, or public dance club or hall in the city under any
permit issued under this chapter while such permit is in a state
of suspension or while any suspension or revocation with respect
to the same continues to exist; and it is unlawful for any person
to participate in any such dance.
5.12.060 Effect of permit. The issuance of any permit or
temporary permit shall not be deemed to permit any violation of
law or ordinance or rule prescribed pursuant to Sections 5.12.250
and 5.12.260.
5.12.070 Posting of permit. Such permit shall be
conspicuously posted upon the premises referred to therein,
during the term thereof.
5.12.080 Requisites to issuance of permit --Factors
considered. No permit or temporary permit shall be issued under
this chapter unless and until it appears and is determined by the
city manager, in his discretion, that the conduct of such dance
hall, dancing club, or public dance will comport with and not
prejudice or work to the disadvantage or injury or harm of the
public peace, safety, morals, health or welfare, and that the
applicant will, for the term of the permit, have in force and
effect adequate insurance to protect the public and the city with
regard to reasonably foreseeable accidents and other liability,
and the city manager and other city departments, in acting upon
any such application, shall consider any and all facts and
evidence pertinent, relevant or material with respect thereto.
5.12.090 Permit requiring policing. Whenever the public
peace, health, safety or general welfare so require, the city
manager, at the time of issuance or at any time during the term
of any permit issued hereunder, may make such permit conditional
upon the attendance of a special police or fire officer or
officers, appointed under Sections 5.12.270 through 5.12.290, at
any dancing club, public dance or public dance hall during any or
all times dancing is •being conducted, carried on or allowed, and
in such event the permit shall be effective only during the
attendance of such police or fire officer or officers.
5.12.100 Permit --Issuance. Permits to conduct dancing
clubs, dancing schools, studios, public dances or public dance
halls may be issued or renewed by the city manager upon the
written application of• any person for himself or on behalf of any
other person, and payment of the required charges.
5.12.110 Permit--Exiration date. Every such permit shall
expire on September 30th following the date of issuance.
5.12.120 Filing of application --Fee. Every such
application shall be filed with the city manager, and at the time
of filing the applicant shall submit a payment in such amount as
has been prescribed by resolution of'the city council, to defray
the expense of investigation and processing.
5.12.130 Exemption of casual dances. There shall be no
charge or fee for investigation where dances are proposed to be
held by charitable, memorial, fraternal or labor associations,
student bodies of schools or the proposed dances are in
connection with patriotic or holiday celebrations or festivals,
where such dances are casual and for one such occasion only and
are not conducted more often than once per month.
5.12.140 Application--Presentation--Contents. Every such
written application for a permit shall be presented to the city
manager and shall set forth the following facts:
(1) APPLICANT. The name and residence of the applicant or
applicants, and if any applicants be a firm, association,
corporation or club, the names and residences of the partners,
officers, directors, managers and of all employees who will be in
charge of said dancing club, public dance, or public dance hall.
(2) LOCATION. The place for which the permit is desired or
in which any dance or dances are proposed to be held;
(3) TINE OF DANCES. The number and dates of the dances
proposed to be held;
(4) POLICE. Whether a special police officer pursuant to
Sections 5.12.270 through 5.12.290 is desired for such dance or
dances, and will be present at times dancing is conducted,
carried on or allowed.
5.12.150 Reference. Upon filing of each application, it
shall be referred by the city manager to departments designated
by the city manager for investigation and report.
5.12.160 Investigation. The departments so designated
shall make a thorough investigation as required for the
protection of the public peace, health, safety and general
welfare, and may require the submission of additional information
by the applicant as shall be necessary to such investigation.
5.12.170 Recommendation. Thereafter, and within five
days from reference of the application, each department
designated shall report its findings and conclusions and make
recommendations concerning such application.
5.12.180 Consideration, decision by city manager. After
receiving the reports as provided for in Section 5.12.170, the
city manager may make such further investigations as he deems
proper or advisable in the interest of the public peace, health,
safety and general welfare, and within thirty days from the
filing of the application shall either approve, conditionally
approve or deny the application according to the requirements of
the public peace, health, safety or general welfare. Should the
city manager fail to act within said time, the application shall
be deemed denied. At any time after the application is filed,
however, and pending complete processing thereof, the city
manager may issue a temporary permit upon stated terms and
conditions, including a fixed expiration date or indefinite
period subject to termination on notice, so long as the city
manager tentatively determines that the temporary permit for the
activity desired to be held will comport with and not prejudice
nor work to the disadvantage or injury of the public peace,
safety, morals, health or welfare.
5.12.190 Suspension of permit --Requirement of _police
officer. The city manager may at any time temporarily suspend
any permit issued hereunder, or may require the attendance of a
special police officer during all or certain times dancing is
conducted, carried on or allowed, as a condition to the continued
exercise of the permit, when he finds and determines that the
public peace, safety, morals, health or welfare require or will
be promoted or best served by such suspension or special police
officer attendance.
5.12.00 Service of order. A copy of the city manager's
order in that regard mentioned in Section 5.12.190 shall be
served in the same manner as hereinafter in Sections 5.12.210
through 5.12.240. provided for notices of hearing, and be
effective thereupon.
5.12.210 Duration of suspension--Hearinq--Notice. No
temporary suspension under this chapter or added condition
requiring. the attendance of a special police officer shall
continue for more than ten days unless within said ten-day period
said suspension or added condition is further continued or made
permanent by revocation of the permit involved or a condition
requiring the attendance of a special police officer is affixed
to the permit for the balance of its term upon hearing by the
city manager within the city held upon three days notice of the
time and place thereof, given as follows in Section 5.12.220
5.12..220 Notice --Manner of service. The service of any
such notice shall be made upon the holder of a permit to whom it
is directed by either:
(1) PERSONAL SERVICE. Delivering a true copy of the same
to the said holder personally, or if a firm, association,
corporation, or club, by delivery thereof to a partner or officer
or director thereof; or
(2) DELIVERY TO PREMISES. Delivering same to and leaving
it with any person over eighteen years of age in charge of the
premises referred to in the permit; or
(3) POSTING ON PREMISES. In case no such person is found
upon the premises, by affixing same to a conspicuous place on the
door to•an entrance to said premises.
5.12.230 Right to be heard. The holder of any permit
shall be afforded an opportunity to be heard and to present
evidence on his behalf at such hearing.
5.12.240 Action by city manager upon hearing. Upon
hearing held by him, and adjournments and continuances thereof
upon said notice, the city manager may revoke, suspend, further
suspend or apply conditions to the further exercise of any permit
issued hereunder because of anything done or omitted by the
permittee, his agents or employees or the- patrons of his
establishment upon the -premises involved contrary to the
provisions of any applicable state law, or of this chapter or any
ordinance of the city, or of the rules prescribed by the city
manager pursuant to Sections 5.12.250 and 5.12.260, or when the
public peace, safety, morals, health or welfare require or will
be promoted or best served by any such action.
5.12.250 Power to make rules and regulations. The city
manager may make rules and regulations governing dancing clubs,
public dances, or public dance halls within this city which shall
govern and apply to all permittees under this chapter.
5.12.260 Custody of rules. The rules mentioned in Section
5.12.250 shall be filed with the city clerk and shall be
available for inspection by the public.
5.12.270 Special police officers --Application by
management. Any person conducting, managing, or carrying on any
dancing club, public dance or public dance hall shall have the
right to apply to the city manager for appointment of a special
police officer or officers of the city to be present and in
attendance at such dancing club, public dance or public dance
hall during all times that dancing is conducted, carried on or
allowed therein, for the purpose of preserving order and
preventing any violation of any law of the state, or any
ordinance of the city, or any rule prescribed -under Sections
5.12.250 and 5.12.260.
5.12.280 Special officers required by city. The city
manager may require the presence and attendance of a special
police officer or officers, or also a special fire officer or
officers in accordance with the provisions of the Uniform Fire
Code relating to standby firemen at places of public assembly,
any of which requirements may be prescribed as a condition or
conditions to the exercise of any permit, long term or temporary,
as hereinabove provided for.
5.12.290 Cost of policing. (a) FEES. The expense of
any such special officer or officers so appointed for such
attendance shall be paid by such person so conducting, managing,
or carrying on any dancing club, public dance, or public dance
hall in accordance with such schedule of fees for such services
as may be found to be reasonable and established by the chief of
police or the fire chief, as the case may be.-
(b) PAYMENT TO CITY NWNAGER. The expense of such special
officer shall be paid to the city manager each week in advance
for all dancing to be conducted, carried on or allowed during
that time, in accordance with a written statement made at the
time of such payment to the city manager.
(c) PAYMENT TO OFFICERS. The city manager shall in turn
cause payment of said money to the special officers as earned by
them.
5.12.300 Appeals. Any person aggrieved by any decision
of the city manager with respect to denial or issuance of any
permit, conditions attached thereto, or any other administrative
action taken pursuant to the terms of this chapter, may appeal to
the city council by filing a written notice of appeal with the
city clerk, specifying the grounds of appeal. Unless an
adjustment of the matter is then made by the city manager
satisfactory to the appellant, the city clerk shall thereupon fix
an early time and place of hearing on such appeal. Notice
thereof shall be given the appellant and other persons who in the
city clerk's opinion appear to be interested persons of record,
of the time and place of hearing by serving such notice
personally or by depositing it in the United States mail
addressed to all such persons at their last known addresses,
respectively. The city council shall, after hearing, have
authority to determine all questions raised on such appeal, and
to take any action consistent with the terms of this chapter, or
which could legally have been taken by the city manager in the
matter.
Chapter 5.16
DRUG PARAPHERNALIA DISPLAY
Sections:
5.16.010 Display of drug paraphernalia to minors.
5.16.020 Minors not to enter.
5.16.030 Definitions.
5.16.010 Display of drug paraphernalia to minors. The
following regulations shall apply in any business establishment
merchandising drug paraphernalia:
(1) It shall be unlawful for any person in charge or
control of any business establishment wherein drug paraphernalia
is displayed for sale, offered for sale or sold, to knowingly
allow or permit a minor, not accompanied by one or both of his or
her parents or by his or her legal guardian, to enter and remain
within any room of such establishment where drug paraphernalia is
displayed for sale, offered for sale or sold.
(2) It shall be unlawful for any person in charge or
control of a business establishment wherein drug paraphernalia is
displayed for sale, offered for sale, or sold, to fail to display
and maintain, or fail to cause to be displayed and maintained, at
least one sign stating that a minor may not enter unless
accompanied by one or both of his or her parents or by his or her
legal guardian. Any such sign shall be placed in a conspicuous
location near each public entrance to such business establishment
wherein such drug paraphernalia is displayed for sale, offered
for sale, or sold, or near each public entrance to any particular
room or rooms therein where such drug paraphernalia is displayed
for sale, offered for sale or sold.
(3) In the event a substantial number of the public
invitees or patrons of a business establishment wherein drug
paraphernalia is displayed for sale, offered for sale or sold,
uses a language other than English as a primary language, any
sign required pursuant to this section shall be worded in both
English and the language or languages involved.
5.16.020 Minors not to enter. In the event a sign or
signs have been posted as required by Section 5.16.010 above, it
shall be unlawful for a minor to enter any room of a business
establishment wherein drug paraphernalia is displayed for sale,
offered for sale or sold, unless said minor is accompanied by one
or both of his or her parents or by his or her legal guardian.
5.16.030 Definitions. Except where the context otherwise
requires, the definitions given in this section shall govern the
construction of this chapter:
(1) "Minor" means any person under the age of 18 years.
(2) "Drug paraphernalia", including but not limited to one
or more of those items identified in that list set forth in
subdivision (4) hereinbelow, shall mean any device designed
primarily for use by individuals for the smoking or ingestion of
— marijuana, hashish, hashish oil, cocaine, or any other
"controlled substance", as that term is defined in the Health and
Safety Code of the State of California.
(3) A device "designed primarily for" such smoking or
ingestion set forth in subdivision (2) above is a device which
has been fabricated, constructed, altered, adjusted, or marked
especially for use in the smoking or ingestion of marijuana,
hashish, hashish oil, cocaine, or any other "controlled
substance", and is peculiarly adapted to such purposes by virtue
of a distinctive feature or combination of features associated
with drug paraphernalia, notwithstanding that it might also be
possible to use such device for some other purpose.
(4) Includable items or devices within the term "drug
paraphernalia":
(A) Metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes, with or without screens, permanent or otherwise,
beads, or punctured metal bowls;
(6) A device constructed so as to prevent the escape
of smoke into the air and to channel smoke into a chamber where
it may be accumulated to permit inhalation or ingestion of larger
quantities of smoke than would otherwise be possible, whether the
device is known as a "bong", or otherwise;
(C) A smokable pipe constructed with a receptacle or
container in which water or other liquid may be placed into which
smoke passes and is cooled in the process of being inhaled or
ingested;
(D) A smokable pipe which contains a heating unit,
whether the device is known as an "electric pipe", or otherwise;
(E) A device constructed so as to permit the
simultaneous mixing and ingestion of smoke and nitrous oxide or
other compressed gas, whether the device is known as a "buzz
bomb", or otherwise;
(F) A cannister, container or other device with a
tube, nozzle or other similar arrangement attached thereto so
constructed as to permit the forcing of smoke accumulated therein
into the user's lungs under pressure;
(G) A device for holding a cigarette, whether the
device is known as a "roach clip", or otherwise;
(H) A spoon for ingestion through the nose;
(I) A straw or tube for ingestion through the nose or
mouth.
Chapter 5.20
HANDBILLS
Sections:
5.20.010 Purpose.
5.20.020 Definitions.
5.20.030 Posting notice, placard or bill prohibited in
5.20.040
5.20.050
5.20.060
5.20.070
5.20.080
5.20.090
5.20.100
5.20.110
5.20.120
5.20.130
5.20.140
5.20.150
5.20.160
certain cases.
Throwing handbills broadcast in public places
prohibited.
Placing commercial handbills in or on vehicles
prohibited.
Distribution on uninhabited o.r vacant private
premises of commercial or noncommercial handbills.
Distribution prohibited where properly posted.
Distribution on inhabited private premises --Not
posted.
Distributors --License, fee.
Commercial handbill license procedure.
Action of city manager.
Issuance of permit --Hours for
commercial handbills.
Permit fee.
Revocation of license.
Licenses nontransferable.
Exemptions.
distribution of
5.20.010 Purpose. To protect the people from the
nuisance of and incident to the promiscuous distribution of
handbills and circulars, particularly commercial handbills, as
herein defined, with the resulting detriment and danger to public
health and safety, the public interest, convenience and necessity
requires the regulation thereof, and to that end the purposes of
this chapter are specifically declared to be as follows:
(1) To protect the people against the unlawful activities
or operations of dissolute persons of criminal habits or
tendencies, representing themselves as solicitors, canvassers, or
handbill solicitors, canvassers, or handbill distributors,
together with their employers, by regulating the business of
handbill and advertising distribution and providing for the
imposition of reasonable license fees;
(2) To protect local residents against trespassing by
solicitors, canvassers, or handbill distributors, upon private
property of such residents if they have given reasonable notice
that they do not wish to be solicited by such persons, or do not
desire to receive handbills or advertising matter;
(3) To protect the people against the health and safety
menace and the expense incident to the littering of the streets
and public places by the promiscuous and uncontrolled
distribution of advertising matter and commercial handbills;
(4) To preserve to the people their constitutional right to
receive and disseminate information not restricted under the
ordinary rules of decency and good morals and public order, by
distinguishing between the nuisance created by the promiscuous
distribution of advertising and commercial circulars and the
right to deliver noncommercial handbills to all who are willing
to receive the same, said right being limited solely by the needs
of pedestrian and traffic safety.
5.20.020 Definitions. The following words, terms and
phrases when used in this chapter have the meanings ascribed to
them in this section except where the context clearly indicates a
different meaning:
(1) "Commercial handbill-" means and includes any printed or
written matter, any sample or device, dodger, circular, leaflet,
pamphlet, paper, booklet, or any other printed or otherwise
reproduced original or copies of any matter or literature:
(A) Which advertises for sale any merchandise,
product, commodity, or thing, or
(B) Which directs attention to any business or
mercantile or commercial establishment, or other activity, for
the purpose of either directly or indirectly promoting the
interests thereof by sales, or
(C) Which directs attention to or advertises any
meeting, theatrical performance, exhibition, or event of any
kind, for which an admission fee is charged for the purpose of
private gain or profit; but the terms of this clause shall not
apply where an admission fee is charged or a collection is taken
up for the purpose of defraying the expenses incident to such
meeting, theatrical performance, exhibition or event of any kind,
when either of the same is held, given or takes place in
connection with the dissemination of information which is not
restricted under the ordinary rules of decency, good morals,
public peace, safety and good order; provided that nothing
contained in this clause shall be deemed to authorize the
holding, giving or taking place of any meeting, theatrical
performance, exhibition, or event of any kind, without a license
where such license is or may be required by any law of this
state, or under any ordinance of this city, or
(D) Which, while containing reading matter other than
advertising matter, is predominantly and essentially an
advertisement, and is distributed or circulated for advertising
purposes, or for the private benefit and gain of any person so
engaged as advertiser or distributor;
(2) "Handbill distributor" means and includes any person
engaging or engaged in the business for hire or gain of
distributing commercial or noncommercial handbills, other than
newspapers distributed to subscribers thereof, and any person
receiving compensation directly or indirectly for the
distribution of such handbills;
(3) "Newspaper" means and includes any newspaper of general
circulation as defined by general law, any newspaper duly entered
with the Post Office of the United States, in accordance with
federal statute or regulation, and any newspaper filed and
recorded with any recording officer as provided by general law;
and, in addition thereto, means and includes any periodical or
current magazine reqularly published with not less than four
issues per year, and sold to the public;
(4) "Noncommercial handbill" means and includes any printed
or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, newspaper, magazine, paper booklet, or any
other printed or otherwise reproduced original or copies of any
matter or literature not included in the aforesaid definitions of
a sign, or a commercial handbill, or a newspaper;
(5) "Person" means and includes any person, firm,
partnership, association, corporation, company, or organization
of any kind;
(6) "Private premises" means and includes any dwelling,
house, building, or other structure, designed or used either
wholly or in part for private residential purposes, whether
inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule, building or other structure;
(7) "Public place" means and includes any and all streets,
boulevards, avenues, lanes, alleys, or other public ways, and any
and all public parks, squares, spaces, plazas, grounds and
buildings.
5.20.030 Posting notice, placard or bill prohibited in
certain cases. No person shall post, stick, stamp, paint or
otherwise fix, or cause the same to be done by any person, any
notice, placard, bill, card, poster advertisement or other paper
or device calculated to attract the attention of the public, to
or upon any sidewalk, crosswalk, curb or curbstone, flagstone or
any other portion or part of any public way or public place, or
any lamp post, electric light, telegraph, telephone or trolley
line pole, or railway structure, hydrant, tree or tree -box, or
upon the piers, columns, trusses, girders, railings, gates or
other parts of any public bridge or viaduct or other public
structure or building, or upon any pole, box, or fixture of the
fire alarm or police telegraph system, except such as may be
authorized or required by the laws of the United States, or the
state and the ordinances of the city.
5.20.040 Throwing handbills broadcast in public places
prohibited. It is unlawful for any person to deposit, place,
throw, scatter or cast any commercial or noncommercial handbill
in or upon any public place within this city; and it is also
unlawful for any person to hand out or distribute or sell any
commercial handbill in any public place; provided however, that
it is not unlawful for any person to hand out or distribute,
without charge to the receiver thereof, any noncommercial
handbill in any public place to any person willing to accept such
noncommercial handbill as provided in this chapter.
5.20.050 Placing commercial handbills in or on vehicles
prohibited. No person shall distribute, deposit, place, throw,
scatter or cast any commercial handbill in or upon any automobile
or other vehicle.
5.20.060 Distribution on uninhabited or vacant private
premises of commercial or noncommercial handbills. It is
unlawful for any person to distribute, deposit, place, throw,
scatter, or cast any commercial or noncommercial handbill in or
upon any private premises which are temporarily or continuously
uninhabited or vacant.
5.20.070 Distribution prohibited where properly posted.
It is unlawful for any person to distribute, deposit, place,
throw, scatter or cast any commercial or noncommercial handbill
upon any inhabited private premises, if requested by anyone
thereon not to do so, or if there is placed on said premises in a
conspicuous position near the entrance thereof, a sign bearing
the words "NO TRESPASSING," "NO PEDDLERS OR AGENTS," "NO
ADVERTISEMENT" or any similar notice indicating in any manner
that the occupants of said premises do not desire to be molested
or have their right of privacy disturbed, or to have any such
handbills left upon such premises.
5.20.080 Distribution on inhabited private premises --Not
— posted. In the case of inhabited private premises which are not
posted as provided in this chapter, the aforesaid licensed
person, unless requested by any one upon such premises not to do
so, may place or deposit any such handbill in or upon such
inhabited private premises, if such handbill is so placed or
deposited as to secure or prevent such handbill from being blown
or drifted about such premises or elsewhere except that maiiboxes
may not be used.
5.20.090 Distributors --License, fee. It is unlawful for
any person to engage in the business of handbill distributor for
hire, or for any person to distribute commercial or noncommercial
handbills, without first complying with the terms of this chapter
and all other relevant laws and regulations; provided that
nothing contained herein shall apply to any person advertising
his business or activity upon his own premises, if such business
or activity is regularly established at a definite location in
such city, and also if a license has been obtained therefor, if
such license is required under the terms of any applicable law or
ordinance.
5.20.100 Commercial handbill license procedure. Any
person desiring to distribute commercial handbills shall make
application and receive from the city manager a license in the
manner and for the period prescribed by the terms of this
chapter. Such applicant shall make written application to the
city manager upon a form or forms provided for such purpose by
the city manager. Such form shall contain:
(1) Applicant's name;
(2) Business address;
(3) Residence address;
(4) A brief description
conducted by the applicant;
(5) The probable number
engaged;
of the nature of the business to be
of agents and employees to be
(6) A picture of the applicant, two inch by two inch taken
within the last calendar year;
(7) The last two occupations of the applicant;
(8) Convictions of crimes other than Vehicle Code
violations;
(9) A copy or copies of the handbill or handbills to be
distributed.
5.20.110 Action of city manager. The city manager shall
investigate the application for truthfulness of the facts therein
set forth and shall have a period of ten days for such
investigation. If the city manager ascertains the falsity of any
of the contents of the application, a permit may be refused the
applicant. If the city manager ascertains a crime has been
committed by the applicant involving moral turpitude, a permit
may be refused.
5.20.120 Issuance of permit --Hours for distribution of
commercial handbills. If applicant complies with the
requirements of Sections 5.20.100 and 5.20.110, at the expiration
of the ten day period, or sooner if the city manager is able to
make the investigation, applicant shall be issued a permit to
distribute commercial handbills. No commercial handbills shall
be distributed between the hours of five p.m., and the following
eight a.m., nor on any Sunday or holiday.
5.20.130 Permit fee. A permit fee in such amount as has
been prescribed by resolution of the city council shall be
charged each applicant and shall be payable to the city manager,
to defray the expense of investigation and processing..
5.20.140 Revocation of license. If at any time after the
issuance of a license to distribute commercial handbills, the
city manager ascertains a false statement has been made in the
application of the licensee, or if the licensee is or has been
convicted of a crime involving moral turpitude, or if the
licensee violates any provision of this chapter relating to the
distribution of handbills, the city manager, after affording the
licensee due opportunity for a hearing in which the licensee
might refute the charges, may revoke the license of the subject,
and said licensee afterward shall not further distribute
commercial handbills in the city.
5.20.150 Licenses nontransferable. No license issued
under this chapter shall be transferable by the licensee named,
and if it shall be revoked for cause, neither the licensee named
in such license, nor any other person shall further distribute
handbills pursuant to the said license, and any fees paid for
such license shall not be refunded.
5.20.160 Exemptions. The provisions of this chapter
shall not be deemed to apply to the distribution of mail by the
United States, nor to newspapers as defined in this chapter.•
Chapter 5.24
HOTEL REGISTRATION
Sections:
5.24.010 Register required.
5.24.020 Form of registration.
5.24.030 Access to register.
5.24.040 Duty to require registration.
5.24.050 Duty to register.
5.24.060 False name or address.
5.24.010 Register required. Every owner, keeper or
proprietor of any lodging house, rooming house, recreation
vehicle park, hotel or motel shall keep a register wherein he
shall require all guests, roomers or lodgers to inscribe their
names and addresses upon their procuring lodging or a room or
accommodations.
5.24.020 Form of registration. The register required in
Section 5.24.010 shall also show the day of the month and year
when said name was inscribed, and the room occupied or to be
occupied by said lodger, or roomer or guest in such lodging
house, rooming house or hotel.
5.24.030 Access to register. Said register shall at all
times be open to inspection by the chief of police or any regular
policeman of this city.
5.24.040 Duty to require registration. Before furnishing
any lodging for hire to any person in any lodging house, or
before renting any room to any person in any rooming house, or
before furnishing any accommodations to any guest at any hotel or
motel, the•proprietor, manager or owner thereof, shall require
the person to whom such lodgings are furnished, or room is
rented, or accommodations furnished, to inscribe his name and
address in such register kept for that purpose as hereinbefore
provided, and shall set opposite said name the time when said
name was so inscribed, and also the room occupied by such lodger,
roomer or guest.
5.24.050 Duty to register. Every person engaging or to
whom there is furnished any room or accommodations at a lodging
house, rooming house, hotel or motel shall first sign the
register and give the information as provided in the preceding
sections.
5.24.060 False name or address. No person referred to in
Section 5.24.050 shall write or allow to be written any other
than his true name and address upon such registration; nor shall
any person write theron other than the true name and address of
any other guest upon such registration.
Chapter 5.28
ICE VENDING MACHINES
Sections:
5.28.010 Locations restricted.
5.28.010 Locations restricted. No person shall place any
ice vending machine at any outdoor location without first
obtaining approval from the city manager, who shall issue a
permit therefor if it is found that the proposed location will be
desirable to the public convenience or welfare and will be in
harmony with the various elements and objectives of the general
plan.
Chapter 5.32
MASSAGE, BATHS AND SIMILAR BUSINESSES
Sections:
5.32.010 Definitions.
5.32.020 Permit required.
5.32.030 Exceptions.
5.32.040 Application --Fee.
5.32.050 Application --Content.
5.32.060 Facilities necessary --Regulations.
5.32.070 Permit procedures.
5.32.080 Display of permit.
5.32.090 Change of location.
5.32.100 Employees.
5.32.110 Inspection.
5.32.120 Records of treatments.
5.32.130 Name of business.
5.32.140 Revocation and suspension of permit.
5.32.150 Sale or transfer.
5.32.160 Applicability of regulations to existing
businesses.
5.32.170 Violation and penalty.
5.32.010 Definitions. For the purpose of the provisions
regulating baths, sauna baths, massage parlors and similar
businesses hereinafter set forth, the following words and phrases
shall be construed to have the meanings herein set forth, unless
it is apparent from the context that a different meaning is
intended:
(1) "Massage" means any method of pressure on or friction
against, or stroking, kneading, rubbing, tapping, pounding,
vibrating, or stimulating of the external parts of another human
body, with or without the aid of any mechanical or electrical
apparatus or appliances, or with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powder,
creams, lotions, ointments or other similar preparations commonly
used in this practice.
(2) "Massage establishment" means an establishment having a
fixed place of business where any person, association, firm or
corporation engages in, conducts, or carries on, or permits to be
engaged in, conducted, or carried on, any business of giving
massage or Turkish, Russian, Swedish, vapor, sweat, electric,
salt, magnetic, or any other kind or character of baths, where
alcohol rub, fomentation, baths, manipulation of the body or
similar procedures is or are given by a massage technician or
technicians.
(3) "Massage technician" means any person, male or female,
who administers to another person, for any form of consideration,
a massage, alcohol rub, fomentation, bath, electric or magnetic
massage procedure, manipulation of the body, or other similar
procedure.
5.32.020 Permit required. It is unlawful for any person,
association, firm, or corporation to engage in, conduct, or carry
on, or to permit to be engaged in, conducted, or carried on, in
or upon any premises within the city the business of a massage
establishment or to render, or permit to be rendered massage
services at a location removed from a massage establishment
within the city in the absence of a permit issued pursuant to the
provisions hereinafter set forth.
5.32.030 Exceptions. The requirements of this chapter
shall have no application and no effect upon and shall not be
construed as applying to any persons designated as follows:
physician, surgeon, chiropractor, osteopath, or any nurse working
under the supervision of a physician, surgeon, chiropractor, or
osteopath duly licensed to practice their respective professions
in the State of California, nor shall the requirements of this
chapter apply to any treatment administered in good faith in the
course of the practice of any healing art or profession by any
person licensed to practice any such art or profession under the
Business and Professions Code of the State of California or of
any other law of this State. Practical nurses or other persons
without qualifications as massage technicians, or other persons
not otherwise licensed by the State of California to practice
pursuant to the Medical Practice Act, whether employed by
physicians, surgeons, chiropractors, or osteopaths or not, may
not give massages or massage procedures.
5.32.040 Application --Fee. (a) Any person desiring to
obtain a permit to operate a massage establishment or to perform
massage services shall make application to the city manager for
an investigation.
(b) Each application shall be accompanied by a permit fee
in such amount as may have been established by resolution of the
city council to defray the expense of investigation and
processing.
5.32.050 Application --Content. Any applicant for a
permit shall submit the following information:
(1) The full name and present address of applicant;
(2) The two previous addresses immediately prior to the
present address of applicant;
(3) Written statements of at least five bona fide residents
of the city that the applicant is of good moral character;
(4) Written proof that the applicant is over the age of
eighteen years;
(5) Applicant's height, weight, color of eyes and hair;
(6) Two portrait photographs at least 2" x 211;
(7) Business, occupation, or employment of the applicant
for the three years immediately preceding the date of the
application;
(8) The massage or similar business history of the
applicant; whether such person, in previously operating in this
or another city, county, or state under license, has had such
license revoked or suspended, the reason therefor, and the
business activity or occupation subsequent to such action of
suspension or revocation;
(9) All convictions of crimes other than Vehicle Code
violations;
(10) A certificate from a medical doctor stating that the
applicant has, within thirty days immediately prior thereto, been
examined and found to be free of any contagious or communicable
disease;
(11) Applicant must furnish a diploma or certificate of
graduation from a recognized school or other institution of
learning wherein the method, profession and work of massage
technicians is taught. The term "recognized school" shall mean
and include any school or institution of learning which has for
its purpose the teaching of the -theory, method, profession, or
work of massage technicians, which school requires a resident
course of study of not less than two hundred hours to be given in
not less than three calendar months before the student shall be
furnished with a diploma or certificate of graduation from such
school or institution of learning showing the successful
completion of such course of study or learning. Schools offering
correspondence courses not requiring actual attendance of class
shall not be deemed a "recognized school". The city shall' have a
right to confirm the fact that the applicant has actually
attended classes in a recognized school for aforementioned
minimum time periods,
(12) Such other identification and information necessary to
discover the truth of the matters hereinbefore specified as
required to be set forth in the application;
(13) Nothing contained herein shall be construed to deny to
the police department of the city the right to take the
fingerprints and additional photographs of the applicant, nor
shall anything contained herein be construed to deny the right of
said department to confirm the height and weight of the
applicant.
5.32.060 Facilities necessary --Regulations. No permit to
conduct a massage establishment shall be issued unless an
inspection by the city reveals that the establishment complies
with each of the following minimum requirements:
(1) A recognizable and readable sign shall be posted at the
main entrance identifying the establishment as a massage
establishment, provided, that all such signs shall comply with
the sign regulations of the city.
(2) No person shall give, or assist in the giving, of any
massage to any other person under the age of eighteen years,
unless the parent or guardian of such minor person has consented
thereto in writing.
(3) Minimum lighting shall be provided in accordance with
the Uniform Building Code, and, in addition, at least one
artificial light of not less than forty watts shall be provided
in each enclosed room or booth where massage services are being
performed on a patron.
(4) Minimum ventilation shall be provided in accordance
with the Uniform Building Code.
(5) Adequate equipment for disinfecting and sterilizing
instruments used in performing the acts of massage shall be
provided.
(6) Hot and cold running water shall be provided at all
times.
(7) Closed cabinets shall be provided which cabinets shall
be utilized for the storage of clean linen.
(8) In any establishment in which massage services are
rendered only to members of the same sex at any one time, such
persons of the same sex may be placed in a single separate room
or the operators of the massage establishment may elect to place
such persons of the same sex in separate enclosed rooms or booths
having adequate ventilation to an area outside said room or booth
while massage services are being performed.
(9) Adequate bathing, dressing, locker, and toilet
facilities shall be provided for patrons. A minimum of one tub
or shower, one dressing room containing a separate locker for
each patron to be served, which locker shall be capable of being
locked, as well as a minimum of one toilet and one wash basin
shall be provided by every massage establishment, provided
however, that if male and female patrons are to be served
simultaneously at the establishment, separate bathing, a separate
massage room or rooms, separate dressing and separate toilet
facilities shall be provided for male and for female patrons.
(10) A separate wash basin shall be provided for each
portion of a massage establishment wherein massage services are
performed for the individual use of each person performing
massage services. Such basin shall be provided with soap and hot
and cold running water at all times and shall be located within,
or as close as practicable, to the area devoted to the performing
of massage services. In addition, there shall be provided at
each wash basin, sanitary towels placed in permanently installed
dispensers.
(11) All walls, ceilings, floors, pools, showers, bath
tubs, steam rooms, and all other physical facilities for the
establishment must be in good repair and maintained in a clean
and sanitary condition. Wet and dry heat rooms, steam or vapor
rooms, or steam or vapor cabinets, shower compartments, and
toilet rooms shall be thoroughly cleaned each day the business is
in operation. Bath tubs shall be thoroughly cleaned after each
use.
(12) Clean and sanitary towels and linens shall be provided
for each patron of the establishment or each patron receiving
massage services. No common use of towels or linens shall be
permitted.
5.32.070 Permit procedures. (a) Any applicant for a
permit pursuant to these provisions shall personally appear at a
place designated by the city manager at a reasonably convenient
time, if so requested by the city manager, and in such event
shall present to the city manager or to the police department any
reasonably requested information supplementary to the
aforementioned described information. The city manager shall
have a reasonable time in which to investigate the application
and background of the applicant. Based on such investigation,
the city manager, or his representative, shall approve or deny
the permit.
(b) The building official, the fire department, and the
Riverside County health department shall inspect the premises
proposed to be devoted to the massage establishment and shall
make separate recommendations to the city manager concerning
compliance with the foregoing provisions.
(c) The city manager shall grant a permit to the
establishment if all requirements for a massage establishment
described herein are met and shall issue a permit to all persons
who have applied to perform massage services if qualified as
hereinabove, unless it appears that any such person has
deliberately falsified the application or unless it appears that
the record of such person reveals a conviction of a felony or a
crime of moral turpitude.
(d) Any person denied a permit pursuant to these provisions
by the city manager may appeal to the city council in writing,
stating reasons why the permit should be granted. Thereupon,
unless an adjustment of the matter is then made by the city
manager satisfactory to the appellant, the council may grant or
deny the permit and such decision shall be final upon the
applicant. Also, the council may elect on its own motion to
review any determination of the city manager granting or denying
a permit.
(e) All permits issued hereunder are nontransferable,
provided, however, a change of location of a massage
establishment may be permitted pursuant to the provisions herein.
5.32.080 Display of permit. Every person, association,
firm or corporation to whom or for which a permit shall have been
granted shall display said permit in a conspicuous place so that
the same may be readily seen by persons entering the premises
where the massage, bath, or treatment is given.
5.32.090 Change of location. A change of location of any
of the aforementioned and described premises may be approved by
the city manager, provided all ordinances and regulations of the
city are complied with and the change of location processing fee
(per council resolution) is deposited with the city.
5.32.100 Employees. It shall be the responsibility of
the holder of the permit for the massage establishment or the
employer of any persons purporting to act as massage technicians,
to insure that each person employed as a massage technician shall
first have obtained a valid permit pursuant to this chapter. No
registered massage technician aide may independently practice the
acts of massage, but he may, as a massage technician aide, assist
a technician in the acts constituting the practice of massage
under the immediate personal supervision and employment of a
registered massage technician, but such aide may assist only
while the massage technician is personally present with the
patron, and such aide may not perform massage services. Any
massage technician aide shall comply with the requirements of
Section 5.32.050 except for subsection (11) thereof.
5.32.110 Inspection. The building official, fire
department and police department may, from time to time and at
least twice a year, make an inspection of each massage
establishment in the city for the purpose of determining that the
provisions of this code are met.
5.32.120 Records of treatment. Every person,
association, firm, or corporation operating a massage
establishment under a permit as herein provided shall keep a
record of the date and hour of each treatment, the name and
.address of. the patron, and the name of the technician
administering such treatment. Said record shall be open to
_inspection by officials charged with the enforcement of these
provisions for the purposes of law enforcement and for no other
purpose. The information furnished or secured as a result of any
such inspection shall be confidential. Any unauthorized
disclosure or use of such information by any officer or employee
of the city shall constitute a misdemeanor and such officer or
employee shall be subject to the penalty provisions of this
chapter, in addition to any other penalties provided by law.
Identical records shall be kept of treatments rendered off the
business site, and, in addition, shall describe the address where
the treatment was rendered. Said records shall be maintained for
a period of two years.
5.32.130 Name of business. No person permitted to do
business as herein provided shall operate under any name or
conduct his business under any designation not specified in his
permit.
5.32.140 Revocation and suspension of permit. (a) A
permit issued under authority of this chapter may be suspended
for violation of any of its provisions or for fraud or
misrepresentation in the permit application, but no permit shall
be revoked until after a hearing shall have been held before the
city manager, or his designee, to determine just cause for such
revocation. Provided, however, the chief of police may order any
permits suspended pending such hearing, and it shall be unlawful
for any person to carry on the business of a massage technician
or to operate as a massage establishment depending upon the
particular type of permit which has been suspended until the
suspended permit has been reinstated by the city manager. Notice
of such hearing shall be given in writing and served at least
five days prior to the date of the hearing thereon. The notice
shall state the ground of the complaint against the holder of
such permit, or against the business carried on by the permittee
at the massage establishment, and shall state the time and place
where such hearing will be had following the five day notice
period.
(b) The notice shall be served upon the permit holder by
delivering the same to such person or by leaving such notice at
the place of business or residence of the permit holder in the
custody of a person of suitable age and discretion. In the event
the permit holder cannot be found, and the service of such notice
cannot be made in the manner herein provided, a copy of such
notice shall be mailed, postage fully prepaid, addressed to the
permit holder at his place of business or residence at least five
days prior to the date of such hearing.
5.32.150 Sale or transfer. (a) Upon the sale or
transfer of any interest in a massage establishment, the permit
and license shall be null and void. A new application shall be
made by any person, firm, or entity desiring to own or operate
the massage establishment. A processing fee (per council
resolution) shall be payable for each such application involving
sale or other transfer of any interest in an existing massage
establishment. The provisions of this chapter shall apply to any
person, firm, or entity applying for a massage establishment
permit for premises previously used as such establishment.
(b) Any such sale or transfer of any interests in an
existing massage establishment or any application for an
extension or expansion of the building or other place of business
of the massage establishment, shall require inspection and shall
require compliance with this chapter.
5.32.160 Applicability of regulations to existing
businesses. The provisions of this chapter shall be applicable
to all persons and businesses described herein whether the herein
described activities were established before or after the
effective date of this chapter.
5.32.170 Violation and penalty. (a) Every person,
except those persons who are specifically exempted by this
chapter, whether acting as an individual, owner, employee of the
owner, operator or employee of the operator, or whether acting as
a mere helper for the owner, employee, or operator, or whether
acting as a participant or worker in any way, who gives massages
or conducts a massage establishment or room, or who gives or
administers, or who practices the giving or administering of
steam baths, electric light baths, electric tub baths, shower
baths, sponge baths, vapor baths, fomentation, sun baths, mineral
baths, alcohol rubs, Russian, Swedish, or Turkish baths, or any
other type of baths, salt flows or any type of therapy or who
does or practices any of the other things or acts mentioned in
this chapter without first obtaining a permit so to do from the
city or shall violate any provision of this chapter shall be
guilty of a misdemeanor.
(b) Any owner, operator, manager, or permittee in charge or
in control of a massage establishment who knowingly employs a
person performing as a massage technician as defined in this part
who is not in possession of a valid permit or who allows such an
employee to perform, operate or practice within such a place of
business is guilty of a misdemeanor.
(c) Any massage establishment operated, conducted, or
maintained contrary to the provisions of this chapter shall be
and the same is declared to be unlawful and a public nuisance and
the city attorney may, in addition to or in lieu of prosecuting a
criminal action hereunder, commence an action or actions,
proceeding or proceedings, for the abatement, removal and
enjoinment thereof, in the manner provided by law; and may take
such other steps and may apply to such court or courts as may
have jurisdiction to grant such relief as will abate or remove
such massage establishments and restrain and enjoin any person
from operating, conducting, or maintaining a massage
establishment contrary to the provisions of this chapter.
Chapter 5.37
ACTIVITIES INVOLVING OUTDOOR MERCHANDISING
Sections:
5.37.010
5.37.020
5.37.030
Outdoor retail activities
places --Permit required.
Outdoor retail activities
required.
Application fees.
on or near public
on parking areas --Permit
5.37.010 Outdoor retail activities on or near public places
places --Permit required. It shall be unlawful for any person,
unless a special permit therefor has been issued by the city
council, to use or occupy any street, public sidewalk, park,
other publicly owned or controlled place, or any area adjacent to
and within ten feet from any such street, sidewalk or place, for
the sale, soliciting, advertising, distribution or display of goods,
wares, merchandise, or services. This section shall not be deemed
to apply to any commercial activities carried on within a substan-
tial building, or to the sale of news publications.
5.37.020 Outdoor retail activities on parking areas --Permit
required. It shall be unlawful for any person, unless a special
permit therefor has been issued by the city council, to use or
occupy any parking area for purposes of physically selling, dis-
tributing or displaying goods, wares, merchandise, or services.
For purposes of this section, "parking area" means any premises
or portion thereof which has previously been acquired or set aside
or designated as space for parking or storing of motor vehicles in
conjunction with the needs of any commercial enterprise or of the
public at large or any noncommercial organization.
5.37.030 Application fees. Application for any special
permit required by this chapter shall be filed with the city clerk,
and to qualify for acceptance and processing shall be accompanied
by payment of a fee in such amount as may have been established by
resolution of the city council, to defray the expense of investiga-
tion and processing.
Chapter 5.36
NOVELTY SALES AT SPECIAL EVENTS
Sections:
5.36.010 Restrictions.
5.36.010 Restrictions. No person shall sell, vend or
peddle any novelty, such as a souvenir, balloon, trinket or other
small nonedible item, at any special event open to the general
public, such as a parade, rodeo, sports event or holiday
celebration gathering, without first obtaining a permit therefor
from the city manager. Such permits shall be issued only to
locally based organizations which the city manager finds to
qualify as charitable organizations which are tax-exempt under
Revenue and Taxation Code Section 23701d, and which will
contribute the total net proceeds of such novelty sales to local
philanthropic, charitable or educational purposes. No fee shall
be charged for any such permit.
Chapter 5.38
PARKING ATTENDANTS
Sections:
5.38.010 Definitions.
5.38.020 Permit required.
5.38.030 Operations on public rights -of -way or property.
5.38.040 Unauthorized parking on private property.
5.38.050 Application for permit.
5.38.060 Fees.
5.38.070 Permits--Issuance--Denial.
5.38.080 Permits --Issuance with conditions.
5.38.090 Revocation or modification of permits.
5.38.100 Appeals.
5.38.010 Definitions. For purposes of this chapter,
certain words and phrases shall be construed as set f"orth in this
section, unless it is apparent from the context that a different
meaning is intended.
(1) "Operator" means 'any person, firm or corporation
engaging in the activity of parking of vehicles for patrons or
guests of a business whether such operator is employed by or is
under contract to, the business for which the vehicles are being
parked.
(2) "Public right-of-way" means any area dedicated to
public use for public street, pedestrian way or other public
purposes, or which shall include but not be limited to roadways,
parkways, alleys, sidewalks and pedestrian ways.
5.38.020 Permit required. No person shall, as an
"operator" as that term is defined in Section 5.38.010, conduct
any activity involving the movement of a vehicle by the operator
on or over any public right-of-way or publicly owned property,
unless there has first been obtained from the city manager a
permit, as provided in this chapter, which permit is in full
force and effect.
5.38.030 Operations on public rights -of -way or property.
No operator, unless possessing a permit expressly allowing the
same to be done, shall commit or do any of the following acts:
(1) Receive, take possession of (for purposes of parking or
temporary storage until return of same to the patron or guest) or
move a patron's or guest's vehicle, upon any portion of a public
right-of-way or other public property;
(2) Park and leave standing any patron's or guest's vehicle
upon any portion of a public right-of-way or other public
property (including any publicly owned off-street parking space).
5.38.040 Unauthorized parking on private property. No
operator shall park any patron's or guest's vehicle upon private
property without express authorization by the owner or other
person in charge of such private property.
5.38.050 Application for permit. An application for a
permit pusuant to this chapter shall be filed with the city
manager or his designee. There shall be submitted such
information as the city manager deems necessary in order to
evaluate and act upon the permit application. Each application
shall include, in general, at least the following basic
information in writing: an outline of the method of operating
the vehicle -parking service including, but not limited to, the
hours of operation, the number of employees, the location(s) from
which vehicles will be picked up, and to which they will be
delivered to the patrons or guests, the location(s) where
vehicles will be stored or placed, and the location(s) of any
proposed signs and any proposed attendant stands.
5.38.060 Fees. Each applicant for a permit under this
chapter, and each person filing any appeal pursuant to provisions
of this chapter, shall pay at the time of filing the application
or appeal a processing fee or fees in an amount or amounts as may
have been established by resolution of the city council.
5.38.070 Permits--Issuance--Denial. Permits as applied
for shall be issued by the city manager or his designee, provided
it appears that all requirements of this chapter and of other
applicable ordinances and laws have been, and will appropriately
be, met fully by the applicant, and that such permit can be
issued subject to prescribed conditions adequate to assure that
there will be no undue interference with normal traffic flow on
public rights -of -way, and otherwise to protect the public safety
and other persons' property rights and their rights to coequal
use and enjoyment of public property. Any permit application may
be denied if the city manager concludes it cannot be issued
subject to such safeguards.
5.38.080 Permits --Issuance with conditions. The issuance
of any permit pursuant to this chapter shall, if appropriate,
have conditions attached thereto adequate to meet the public
purposes referred to in Section 5.38.070, and the city manager or
his designee shall have discretionary authority to prescribe any
such necessary or appropriate conditions. A H permits shall
contain:
(1) A condition that the permittee carry insurance against
liability for injuries to persons or property in amounts of at
least five hundred thousand dollars per incident, with at least
twenty-five thousand dollars property damage coverage;
(2) A condition that the city shall be named as an
additional insured in the policy of liability insurance issued to
the permittee; and
(3) A condition that the policy of liability insurance
'issued to the permittee shall contain provisions that such policy
shall be considered primary to any other insurance as it relates
to the city's A iability for such operations.
5.38.090 Revocation or modification of permits. (a) Any
permit granted pursuant to the provisions of this chapter may,
after the permittee has been afforded the opportunity of a due
process hearing as hereafter stated, be revoked or modified by
the city manager for any of the following grounds or reasons:
(1) Any acts done under the permit have interfered or
tended to interfere with the normal flow of vehicular or
pedestrian traffic on any public right-of-way;
(2) The permittee or permittee's employees have failed to
comply with provisions of the city's sign ordinance, or with
conditions attached to the permit relating to sign control;
(3) There was given any false or fictitious information in
connection with the application for and obtaining of the permit;
(4) There has been a violation of or a failure to comply
with any condition attached to the permit or any provision or
regulation of this chapter or of any other applicable rules or
regulations;
(5) The character or moral integrity of the permittee or
permittee's employees is determined inimical to the public safety
or general welfare of the community;
(6) Any other reason exists for which the permit might have
been lawfully denied in the first instance, or that for any
reason the continued operations under the permit will be inimical
to the public safety or general welfare of the community.
(b) Such a revocation or modification of a permit shall be
made only after opportunity has been granted to the permittee for
a due process hearing before the city manager or his designated
agent, after ten days' notice to said permittee, setting forth
the nature and grounds of complaint against him and stating the
time and place such hearing will be held.
(c) Upon failure of the permittee to respond to the
opportunity for hearing after receiving notice of such hearing,
the permit may be revoked, or may be modified in such particulars
as are deemed necessary in the public interest, and any such
revocation or modification shall be effective upon notice or
knowledge thereof being received by the permittee, orally or in
writing. Any such order of revocation or modification shall also
be effective as to any employee or agent of the permittee, which
employee or agent has been notified orally or in writing of the
substance of the order.
(d) Any such revocation or modification of any permit may
be in addition to any penalties otherwise provided for by law.
5.38.100 Appeals. Any person aggrieved by, dissatisfied
with, or excepting to any action, denial, order, requirement,
condition, permit, decision or determination made by the city
manager or his designee in administering the provisions of this
chapter may appeal by filing written notice specifying the
grounds of appeal and the relief sought, with the city clerk
within ten days after notice of the action from which appealed.
Upon any failure to file such written appeal within the time
herein allowed, the action of the city manager or his designee
shall be final and conclusive. A timely appeal shall be reviewed
by the city manager, and unless an adjustment of the matter is
made by the city manager satisfactory to the appellant, the
appeal shall be expeditiously scheduled for hearing before the
city council, which body at the conclusion of its consideration
may affirm, reverse or modify the action appealed from and may
take any action which might have been legally taken in the first
instance by the city manager or his designee.
Chapter 5.40
PASSENGER CARRIERS
Sections:
5.40.010 Franchise or license required --Rates.
5.40.020 Interference with driver.
5.40.030 Exclusive right to vehicle.
5.40.040 Refusal to pay fare.
5.40.050 Charging of improper fare.
5.40.010 Franchise or license required --Rates.
(a) REQUIREv>ENT--EXCEPTIONS. No person shall engage in the
business of transporting passengers in a vehicle or vehicles over
the streets of the city, where such passengers' trips originate
from points within the city, whether any such vehicle used is a
taxicab, bus, ambulance, limousine, automobile for hire, or other
public transportation vehicle, unless such person operating such
business or engaging therein is acting pursuant to a franchise,
license, permit or contract to do so from the city council. This
section shall also apply to any business carrying passengers from
a principal point or points of origin outside the city but which
regularly carries the passengers over the city streets as a major
portion of the journey or journeys. This section shall not,
however, be deemed applicable to any business of renting
automobiles or other vehicles without drivers, nor to any
passenger carrier operated by a public agency or entity or to any
passenger carrier operating pursuant to express and specific
permission granted by superior authorized agency such as the
State Public Utilities Commission or the Interstate Commerce
Commission.
(b) QUALIFICATIONS --CONDITIONS. Before granting any
license, permit, franchise, or contract to conduct a
passenger -carrying business upon the streets of the city, the
city council shall find and determine that the applicant is of
good moral character and financially responsible, has and will
carry adequate insurance to protect the public, and will use and
continue to use vehicles safe and adequate for the intended
purposes. The council may grant any entitlement for a fixed term
or on an indefinite time basis, and subject to conditions and
requirements deemed necessary or desirable in the public
interest. The conditions and requirements attached to any such
entitlement shall be subject to periodic review, modification,
addition or deletion at such times as the council may prescribe
in such entitlement or at the time of any periodic review, or at
any time the council finds and determines such action to be
necessary in the public interest after a change in circumstances.
(c) REVOCATION OR SUSPENSION. Any such license, permit,
franchise, or contract to conduct a passenger -carrying business
shall be subject to revocation or suspension by the city council
after the holder thereof has been afforded opportunity for a
due -process hearing, where the holder is found to have failed to
maintain its operations up to standards prescribed herein or as
conditions or requirements contained in or attached to the
license, permit, franchise or contract.
(d) FARES, CHARGES AND PRICES. In any such franchise,
license, permit or contract, or in the conditions or requirements
attached thereto pursuant to subsections (a) and (b) of this
section, the holder thereof may, in the discretion of the city
council, be required during operations thereunder to have and
maintain on file with the city manager an approved tariff or
schedule of fares, listing any and all fares, charges, fees,
prices, costs and the like which are to be charged to members of
the public during the course of business. No such tariff or
schedule or later revision thereto shall be deemed effective
unless and until the same has been approved by the city council
upon appropriate determination that it is fair, reasonable and
equitable to both the public and to the business operator. In
the event the council has not required the filing of a tariff or
schedule as stated above, then the holder of the franchise,
license, permit or contract is prohibited from charging within
the city any fare, charge, fee, price, cost, or the like, which
exceeds the same then currently charged by such holder to patrons
or customers in any area surrounding or near to the city; or in
the event such holder does not serve any such area outside the
city, then no charge shall be made in excess of the same or
similar charges as are prevailing and levied by other businesses
of the same or similar nature which do so service the areas
surrounding or near to the city.
(e) CITY FEES. Any person seeking any entitlement or
taking any other action prescribed or provided for by or within
this section shall pay any applicable fee which may have been
prescribed by resolution of the city council, to defray the
expense of investigation and processing.
5.40.020 Interference with driver. No driver of any
taxicab, automobile for hire or motorbus shall permit more
persons to ride in the driver's compartment thereof than can be
seated in the regular seats in said compartment, or permit any
person to sit on or stand at any place in or on said taxicab,
automobile for hire or motorbus where such person obstructs the
driver's view of traffic ahead or to either side.
5.40.030 Exclusive right to vehicle. When a taxicab or
automobile for hire is engaged, the occupants shall have the
exclusive right to the full and complete use of the passenger
compartment, and no owner or driver of said taxicab shall solicit
or carry additional passengers therein.
5.40.040 Refusal to pay fare. It is unlawful for any
person to refuse to pay the legal fare of any of the vehicles
mentioned in this chapter, after having hired the same.
5.40.050 Charging of improper fare. It is unlawful to
charge, collect or receive any other or different compensation
for the use of such taxicab or automobile for hire than that
specified in the tariff or schedule of fares on file and at the
time in effect.
Chapter 5.44
SECONDHAND DEALERS, PAWNBROKERS AND
LOAN BROKERS
Sections:
5.44.010 Reports required.
5.44.020 Property holding period.
5.44.030 Disposition of reports.
5.44.040 Duty to identify seller or pledgor.
5.44.050 Giving of false information unlawful.
5.44.010 Reports required. Every secondhand dealer,
pawnbroker, loan broker, and every proprietor, keeper or owner of
any office or other place of business where money is loaned on
personal property for compensation, shall daily make out and
deliver to the chief of police every day before the hour of
twelve midnight, on a blank form approved by or prescribed by the
Chief of the State of California Bureau of Criminal
Identification and Investigation, and provided by the person
rendering such report, a full, true and complete report of all
property and other valuable goods, wares, merchandise or things
received on deposit or purchased during the preceding twenty-four
consecutive hours (subject to the exception or exceptions set
forth in Financial Code Section 21208), further setting forth the
hour of the day when each item was received on deposit, in pawn
or purchase, and a description of the person or persons by whom
left in pledge, or deposited or from whom purchased, and also
their true names and residence addresses as nearly as the same
are known to the said person rendering the report. Said report
shall be written in the English language in a clear and legible
manner. In addition to the operators of businesses hereinabove
mentioned who are generally required to file daily reports, any
other business operator who is engaged primarily in retail
selling of new merchandise, who occasionally receives in trade
valuable goods, wares, merchandise or other property not
regularly registered with the state (such as are motor vehicles),
shall pursuant hereto be required to make reports as prescribed
above in this section, of all secondhand items, so received;
provided that daily reports from such business operators will not
be required where the receipt or purchase of such secondhand
items is not a daily occurrence.
5.44.020 Property holding period. All the property and
other valuable goods, wares, merchandise and things received on
deposit or purchase as prescribed in Section 5.44.010 shall be
kept intact in its original state by every person receiving the
same as stated, for a period of thirty calendar days from the
said purchase, receipt or acquisition of the same (unless sooner
expressly released by the chief of police or his authorized
representative), and any such item shall be exhibited to the
chief of police or his representative, or to any other peace
officer, upon demand.
5.44.030 Disposition of reports. The chief of police
upon receipt of any report required pursuant to Section 5.44.010
shall file same in the police department records, and such report
shall not be open for inspection by the general public, but only
to police department personnel of the city, to authorized law
enforcement agents from the area where the selling or pledging
person resides, to any other duly authorized peace officers
examining same in the course of official duty, and to such other
persons as a court of competent jurisdiction may order. One copy
of such report will be forwarded by the chief of police to the
Chief of the State of California Bureau of Criminal
Identification and Investigation.'
5.44.040 Duty to identify seller or pledqor. Every buyer
of secondhand goods, pawnbroker, loan broker, or proprietor,
keeper or owner of any office or other place of business where
money is loaned on personal property for compensation, his agents
and employees, shall require the person or persons by whom said
property is left in pledge, stored, deposited, or from whom
purchased, to display identification, and to the best of his
ability to require him to sign his true name and give his correct
address for purposes of the report required by Section 5.44.010.
5.44.050 Givinq of false information unlawful. No person
shall sign a fictitious name or fictitious address in connection
with any information obtained pursuant to the requirements of
this chapter, nor shall any person in any manner enter or cause
to be entered any other fictitious information, values or
identification in such respect.
Chapter 5.48
PEDDLERS --SOLICITORS
Sections:
5.48.010 Definitions.
5.48.020 Peddling or soliciting --Permit required.
5.48.030 Application to peddle or solicit --Additional
information.
5.48.040 Fee for investigation.
5.48.050 Investigation of application.
5.48.060 Denial of permit --Notice.
5.48.070 Appeal --Right to appeal.
5.48.080 Approval of application --Issuance of permit.
5.48.090 Photographs.
5.48.010 Definitions. (a) "Peddler" means and includes
any person who travels or goes from place to place and peddles,
hawks, vends or sells any goods, wares, merchandise, or medicines
carried or caused to be carried or conveyed by the person
peddling, hawking, vending or selling the same.
(b) "Solicitor" means and includes any person who travels
or goes from place to place selling, offering to sell or
contracting to sell, for future delivery, at wholesale or retail,
any goods, wares, or merchandise within the city, except in those
instances where the solicitations are made to established
businesses for stock -in -trade, resale, fixtures or other business
needs.
(c) "Peddler" or "solicitor" also include persons engaged
in the above described activities at any outdoor location not in
conjunction with an established place of business on the same
premises within a building, or not as a part of such established
place of business in a building.
5.48.020 Peddling or soliciting --Permit required. It
shall be unlawful for any person to act as, or carry on the
business of, a peddler or solicitor at any place or places within
the city, unless and until a permit so to do has been issued by
the city manager and is in full force and effect.
5.48.030 Application to peddle or solicit --Additional
information. Applicants for permits to commence, manage, engage
in, maintain, conduct or carry on the business described in
Section 5.48.010, as peddler or solicitor must furnish to the
city manager the following additional information:
(1) NANE--DESCRIPTION. Name and description of applicant;
(2) ADDRESSES. Permanent home address and full local
address of applicant;
(3) KIND OF BUSINESS. A brief description of the nature of
the business and the goods to be sold;
(4) EMPLOYER --CREDENTIALS. If employed, the name and
address of the employer, together with credentials establishing
the exact relationship;
(5) DURATION OF PERMIT. The length of time for which the
right to do business is desired;
(6) SOURCE OF.STOCK. The place where the goods or property
proposed to be sold or orders taken for the sale thereof, are
manufactured or produced, where such goods or products are
located at the time said application is filed, and the proposed
method of delivery;
(7) PHOTOGRAPHS. Two photographs of applicant and two
photographs of any vehicle used in such peddling or solicitation,
taken within sixty days immediately prior to the date of filing
application.
KIND OF PHOTOGRAPH. Pictures of applicant shall be two inch
by •two inch showing the head and shoulders of applicant in a
clear and distinguishing manner;
(8) FINGERPRINTS --CHARACTER REFERENCES. The fingerprints
of the applicant and the names of at least two reliable property
owners of the county of Riverside, State of California, who will
certify as to the applicant's good character and business
respectability; or, in lieu of the names of references, such
other available evidence as to the good character and business
respectability of the applicant as will enable an investigator to
properly evaluate such character and business responsibility;
(9) CRIMINAL RECORD. A statement as to whether or not
applicant has been convicted of any crime, misdemeanor or
violation of any municipal ordinance, other than Vehicle Code
violations, the nature of each offense and the punishment or
penalty assessed therefor.
5.48.040 Fee for investigation. At the time of filing
with the city manager any application for a peddler's or
solicitor's permit, the applicant shall, in order to qualify such
application for filing, pay a fee in such amount as may have been
prescribed by resolution of the city council, to defray the
expense of investigation and processing.
5.48.050 Investigation of application. Upon receipt of
the original application, the city manager shall cause such
investigation of applicant's business and moral character to be
made as he deems necessary for the protection of the public good.
5.48.060 Denial of permit --Notice. If, as a result of
such investigation, applicant's character or business
responsibility is found to be unsatisfactory, the city manager
shall endorse on such application his disapproval and his reasons
for the same and shall notify applicant that his application is
disapproved and that no permit will be issued.
5.48.070 Appeal --Right to appeal. Any person aggrieved by
the action of the city manager in the denial of a permit shall
have the right of appeal to the city council:
(1) STATEMENT OF GROUNDS. Such appeal shall be taken by
filing with the city clerk, within fourteen days after notice. of
the action complained of has been mailed to such person's last
address, a written statement setting forth fully the grounds for
appeal;
(2) SETTING FOR HEARING --NOTICE. Unless an adjustment of
the matter is then made by the city manager satisfactory to the
appellant, the city clerk shall set a time and place for a city
council hearing on such appeal; and notice of hearing shall be
given the applicant by mailing such notice, postage prepaid, to
his last known address at least five days prior to the date set
for hearing;
(3) FINALITY OF DECISION. The decision and order of the
council on such appeal shall be final and conclusive.
5.48.080 Approval of application --Issuance of permit. If
as a result of investigation, the character and business
responsibility of applicant are found to be satisfactory, the
city manager shall endorse on the application his approval,
execute a permit addressed to applicant for carrying on the
business applied for, and deliver to applicant his permit.
5.48.090 Photographs. To each such permit there shall be
attached photographs of permittee and of any vehicle used in the
business, such photographs to be identical with those filed by
permittee with his application pursuant to Section 5.48.030(7).
Chapter 5.52
PRIVATE PATROLS
Sections:
5.52.010
Definition.
5.52.020
Permit required.
5.52.030
Suspension and revocation
of permit.
5.52.040
Fingerprinting required.
5.52.050
Obedience to regulations
required.
5.52.060
Identification cards.
5.52.070
Compliance with identification
regulations
required.
5.52.080
Qualifications --Forms.
5.52.090
Break-in period.
5.52.100
Uniforms.
5.52.110.
Vehicles.
5.52.120
Citizenship requirement.
5.52.130
Termination of patrolman's
employment --
Notification of chief of
police.
5.52.140 Firearm proficiency.
5.52.150 Weapons.
5.52.160 Territory covered --Report to chief of police.
5.52.170 Vehicle radios.
5.52.180 Watch clocks.
5.52.010 Definition. "Private patrol" means any person
carrying on the business of night watchman, night watch service,
private policemen, or any other occupation, the purpose of which
is to afford additional police or fire protection to the public
for hire or reward; provided, however, that nothing contained in
this chapter shall be deemed or construed to apply to private
police protection incident to the transportation for hire within
the city of moneys, checks, and other written instruments of
persons, associations, firms and corporations, or to escorts of
funeral processions.
5.52.020 Permit required. No person, either as owner,
manager, employee, or otherwise, shall manage, conduct, carry on
or assist in the management, conducting or carrying on of the
business of private patrol unless under and by authority of a
written permit from the city manager. Such permits to manage,
conduct, or carry on any such occupation shall be issued upon the
written application of any person for himself or on behalf.of any
corporation or association of persons, which application shall
prescribe the boundaries of the district over which the applicant
desires to operate. The city manager must first satisfy himself
that the management, conducting or carrying on of said private
patrol will comport with the public welfare, and for this purpose
may consider any facts or evidence bearing on the moral fitness
and reputation of those who will be in charge of said private
patrol, and any other facts or evidence tending to enlighten the
city manager in this respect. Persons aggrieved by the action of
the city manager may appeal to the city council.
5.52.030 Suspension and revocation of permit. When any
permit shall have been issued under the terms of this chapter,
the same may be revoked at any time thereafter by said city
manager when , satisfied that the management, conducting or
carrying on of such patrol does not or will not comport with the
public welfare for any reason, or that said private patrol has
been conducted in an illegal or improper manner. The city
manager may make rules governing the management, conducting or
carrying on of said private patrols and may revoke or suspend
permits issued for the management or carrying on of any such
occupation when the manager or person or persons in charge
thereof violates or permits any infraction of any such rules, or
any law of the state, or any provision of this code; provided,
however, that the city manager shall give notice of said
revocation in writing, and the permittee shall be furnished with
a copy of the reasons for such revocation and shall be allowed a
reasonable time for answering the same in writing, and in such
manner said permittee may demand a hearing before the city
council. Upon such hearing being so demanded, unless an
adjustment of the matter is then made by the city manager
satisfactory to the appellant, the city clerk shall schedule a
prompt city council hearing, and upon said hearing the council
may order the permit restored or may affirm the previous order of
revocation.
5.52.040 Fingerprinting required. Before issuing any
permit to an owner or employee under the terms of this chapter,
the city manager shall require the applicant to be fingerprinted
and photographed and a record of such applicant shall be obtained
from the Bureau of Criminal Identification and Investigation of
the State of California Department of Justice, and from such
other reporting agencies as the city manager, in his discretion,
shall deem appropriate. After reviewing such record, the city
manager shall issue the permit unless he concludes, pursuant to
Section 5.52.020, that the application should be denied, and in
the case of an employee applicant, unless he concludes that the
granting of a permit would be detrimental to the public interest.
The applicant shall be required to pay a fingerprint processing
fee in such amount as is prescribed by resolution of the council,
or in the absence of such resolution, in an amount which will
reimburse the direct charges of the agency or agencies rendering
the record required herein to be obtained plus an overhead factor
in an amount not exceeding one-third of the direct charges, to
cover police department processing. An employee applicant who is
denied a permit shall have the right of an appeal to the council.
5.52.050 Obedience to regulations required. It shall be
the responsibility of the owner or owners of a private patrol
operating within the city limits to abide by and conform to all
regulations contained in Sections 5.52.060 through 5.52.180. Any
violation of these regulations will subject the offender to
punishment as described in Sections 1.01.200 through 1.01.230;
and, in addition, violations of these regulations shall be
grounds for revocation of the permit. The city manager is
expressly authorized to promulgate rules for personal conduct.
Violation any of such rule shall be cause for revocation of the
permit.
5.52.060 Identification cards. The owner or owners of a
private patrol shall make arrangements with the chief of police
of the city to have their personnel fingerprinted and
photographed. An identification card will be issued, signed by
the chief of police. This identification card shall be carried
by private patrolmen at all times while on duty. Identification
shall be shown upon demand by any member of the police
department. A private patrolman who is found to be without an
identification card will not be allowed to complete his tour of
duty until properly identified by the owner or owners of the
private patrol for whom he is employed. A written report
covering the incident shall be made by both the officer of the
police department who discovers such violation and the owner of
the private patrol. Said written report shall be submitted to
the chief of police.
5.52.070 Compliance with identification regulations
required. The regulations regarding fingerprinting and
photographing shall be complied with by the owner or owners of a
private patrol as well as by all personnel employed by them. All
future employees of a private patrol shall be fingerprinted and
photographed.
5.52.080 Qualifications --Forms. All future employees of
private patrols shall present to the chief of police a letter
from the owner or owners of said private patrol covering their
qualifications for the job of private patrolman. Also blank
forms which are obtainable at headquarters of the police
department shall be filled out. These blank forms shall be
filled out for all future employees of private patrols.
5.52.090 Break-in period. During the break-in or trial
period for a new employee, a private patrol shall require that
the employee, at all times when on duty, shall be in the company
of the owner or duly authorized agent of the owner of the said
-- private patrol.
5.52.100 Uniforms. Members of private patrols shall
restrict the color of their uniforms to grey, blue or black. All
badges, cap shields and shoulder patches worn by private
patrolmen shall be approved by the chief of police. All insignia
placed on automobiles operated by private patrols shall be
approved by the chief of police, and include the word "PRIVATE"
in not less than four inch capital letters.
5.52.110 Vehicles. Panel trucks which can be mistaken for
a police patrol wagon shall not be used by private patrols.
5.52.120 Citizenship requirement. No person shall be
appointed a special police officer or employed as a private
patrolman who is not a citizen of the United States.
5.52.130 Termination of patrolman's employment --
Notification of chief of police. The owner or owners of a
private patrol shall notify the chief of police in writing when a
private patrolman leaves their employment; and the identification
card shall be turned in to the chief of police at the termination
of his employment by the owner.
5.52.140 Firearm proficiency. All members and employees
of a private patrol shall report to the chief of police, if he so
directs, with the weapon used while on duty, together with ten
rounds of ammunition, with which they will demonstrate their.
ability and familiarity with the weapon. This test will be
conducted by the police department at a time designated by the
chief of police. Inability to properly handle a firearm will be
sufficient cause for rejection of a permit to be a private
patrolman.
5.52.150 Weapons. Only double action revolvers shall be
carried by private patrolmen. The use of automatic weapons shall
not be allowed.
5.52.160 Territory covered --Resort to chief of police.
The owner or owners of private patrols shall furnish the chief of
police with information in writing regarding the territory
covered by their respective patrols and the hours that coverage
is to be maintained.
5.52.170 Vehicle radios. All motor vehicles operated
pursuant to the provisions of this chapter shall be equipped with
two-way radios.
5.52.180 Watch clocks. Watchman service shall be
provided with a system of watch clocks.
Chapter 5.56
PSYCHIC ACTIVITIES
Sections:
5.56.010 Fortunetelling, spiritism and related
activities.
5.56.020 Solicitation --Advertisement.
5.56.030 Exceptions.
5.56.010 Fortunetelling, spiritism and related activities.
No person shall practice or solicit, advertise or purport to
practice, as a business or for any consideration, fee, donation,
gratuity, reward or compensation, any art or calling which seeks
or purports to predict or foretell future events or the fate or
future acts or fortunes of any nation, business, group or persons
or individual, or which attempts or promises to bring about,
cause, result in or influence the achievement or performance of
some personal or economic objective, by analysis of parts,
products or personal characteristics of a person, or by analysis
of any animate or inanimate object including but not limited to,
celestial body, crystal ball, tea leaves, or playing or other
cards, or through the exercise of any purported psychic,
mediumistic, prophetic, occult, clairvoyant or supernatural
power.
5.56.020 Solicitation --Advertisement. No person shall
act or solicit, advertise or purport to act as a business or for
any consideration, fee, donation, gratuity reward or
compensation, as a medium or instrumentality for communication
with the spirit of a deceased person or participate in the
purported manifestation or materialization of supernatural or
mediumistic phenomena.
5.56.030 Exceptions. This chapter shall not apply to or
prohibit, any religious service, ceremony, practice, or
treatment, or the performance by any licensed person of the acts
and practices usual to his calling or profession, or the
performance of any of the acts and practices otherwise prohibited
by this chapter when done for the entertainment and amusement of
a group of twelve or more persons.
Chapter 5.60
SALES
Sections:
5.60.010 Definitions.
5.60.020 Permit required.
5.60.030 Agreement to abide by regulations.
5.60.040 Signing of agreement --Witnessing.
5.60.050 Conditions of permit.
5.60.060 Application for sale permit.
5.60.070 Detailed description of goods.
5.60.080 Filing fee.
5.60.090 Investigation of applicant.
5.60.100 Issuance or refusal of permit.
5.60.110 Insufficiency of information.
5.60.120 Amended application.
5.60.130 Hearing before denial.
5.60.140 Renewal of permit--Application--Fee.
5.60.150 Form of application for renewal.
5.60.160 Investigation --Renewal.
5.60.170 Second renewal.
5.60.180 Limit upon duration of sales.
5.60.190 Power to revoke --Grounds.
5.60.200 Complaint prerequisite to revocation.
5.60.210 Verification --Form of complaint.
5.60.220 Service of complaint --Notice of hearing.
5.60.230 Scope of permit --Unlawful changes.
5.60.240 Ordering goods for sale.
5.60.250 Presumption from purchase near time of sale.
5.60.260 Separate offenses.
5.60.270 Rules governing sales and advertising.
5.60.280 Loss of identity.
5.60.290 Posting of permit.
5.60.300 Copies of application and stock list.
5.60.310 Records of permittee.
5.60.320 Daily revision of stock list.
5.60.330 Exemptions.
5.60.340 Appeals.
5.60.010 Definitions. For the purpose of this chapter
only, the following words and terms shall be deemed to mean and
be construed as follows:
(1) "Advertise," "advertisement," "advertising," "publish,"
and "publication," mean any and all means, whether oral, written,
lettered or printed, used for conveying to the public notice of
the conduct of a sale as defined herein, or notice of intention
to conduct such sale, including but not limited to oral or
written announcements by proclamation or outcry, newspaper
advertisement, magazine advertisement, handbill, written or
printed notice, printed display, billboard display, poster and
radio announcement;
(2) "Inspector" means an inspector or investigator
appointed by the city manager, or means any city police officer;
(3) "Permit" means a permit issued pursuant to this
chapter;
(4) "Permittee" means a person to whom a permit has been
issued pursuant to this chapter;
(5) "Sale" means any sale of, or any offer to sell, to the
public, or any group thereof, goods, wares or merchandise on
order, in transit or in stock, in connection with a declared
purpose as set forth by advertising that such sale is
anticipatory to or to avoid the termination, liquidation,
revision, windup, discontinuance, removal, dissolution or
abandonment of the business or that portion of the business
conducted at any location:
(A) STOPPING OF BUSINESS. All sales advertised in any
manner calculated to convey to the public the belief that upon
the disposal of the goods to be placed on sale, the business or
that portion thereof being conducted at any location will cease,
be removed, be interrupted, discontinued or changed, and
(B) NAMES USED FOR SALES. All sales advertised to be
"Adjuster's Sale," "Assignee's Sale," "Bankrupt Sale,""Benefit of
Administrator's Sale," "Benefit of Creditors Sale," "Benefit of
Trustee's Sale," "Building Coming Down Sale," "Closing Sale,"
"Closing Out Sale," "Creditor's Committee Sale," "Creditors'
Sale," "Damaged Goods Sale," "End Sale," "Execution Sale," "Final
Days Sale," "Fire Sale," "Forced Out Sale," "Forced Out of
Business Sale," "Insolvent Sale," "Insurance Salvage Sale," "Last
Days Sale," "Lease Expires Sale," "Lease Expiring Sale,"
"Liquidation Sale," "Loss of Lease Sale," "Mortgage Sale,"
"Outselling Sale," "Receiver's Sale," "Removal Sale,"
"Recognition Sale," "Salvage Sale," "Selling Out Sale," "Smoke
Sale," "Smoke and Water Sale," "Trustee's Sale," "Quitting
Business Sale," "Wholesale Closing Out Sale," "We Quit Sale," "We
Give Up Sale," "Fixtures for Sale," or advertised by any other
expression or characterization closely similar to any of the
foregoing and calculated to convey the same meaning, and
(C) BUSINESS FAILURE. All sales advertised in a
manner calculated to indicate that the goods, wares or
merchandise to be sold, or any part thereof, have been involved
in any business failure or have been derived from a business
which has failed, been closed, discontinued or liquidated, and
(D) VACATION OF PREMISES. All sales accompanied by
notices or advertising indicating that the premises are available
for purchase or lease or are otherwise to be vacated, and
(E) BUSINESS EMERGENCY OR FAILURE. All sales
accompanied by advertising indicating a business emergency or
failure affecting the seller or any previous holder of the goods
to be disposed of.
5.60.020 Permit required. No person, firm or corporation
shall hereafter publish or conduct any sale of the type herein
defined without first having obtained a permit from the city
manager in the manner hereinafter provided in this chapter.
5.60.030 Agreement to abide by regulations. Each permit
issued under the provisions of this chapter shall have printed,
written or stamped on the face thereof the following:
"This permit is granted by the City Manager of the City of
Cathedral City and accepted by the permittee upon the condition
that the said permittee comply with and abide by all the
provisions of Chapter 5.60 of the Cathedral City Municipal Code."
5.60.040 Signing of Agreement --Witnessing. At the time
of the delivery of said permit, such statement must be signed by
the permittee in the presence of an employee of the city who
shall sign as a witness.
5.60.050 Conditions of permit. Any permit issued under
the provisions of this chapter shall authorize the one type of
sale named in the application, at the place named therein, for a
period of not more than sixty calendar days, and shall permit the
sale of goods only which are set out in said application, all of
which goods throughout the duration of the sale must be
definitely separated from any other goods displayed at or within
the store or place of business; and all advertising signs or
notices referred to, or calling attention to the sale, must be
confined to the display or displays of goods involved in the
sale.
5.60.060 Application for sale permit. No permit to
conduct a sale as defined herein shall be granted except upon
written application to the city manager, filed and verified
before a person authorized to administer oaths, by the person who
intends to conduct such sale, and each application shall set
forth and contain the following information:
(1) LOCATION. Description by street location and kind of
building, of the location at which such sale is to be held;
(2) OCCUPANCY --TENANCY. The nature of the occupancy,
whether by ownership, lease or sublease, and if by lease or
sublease, the effective date of the termination of such tenancy;
(3) ADVERTISING. A copy of all advertisements proposed to
be used in connection with such sale, and a statement of the
means or methods of advertising to be used in advertising such
sale;
(4) REASON FOR SALE. The facts in regard to the insurance,
bankruptcy, insolvency, assignment, mortgage, foreclosure,
administration, receivership, trusteeship, removal, executorship
removal, or other cause advertised to be the reason for the
proposed sale;
(5) INVENTORY. An inventory or statement, in such form and
in such detail as the city manager may require, setting forth the
amount and description of goods, wares or merchandise to be sold
at such sale and, when required by the city manager, the date of
acquisition of such goods, wares or merchandise and the persons
from whom obtained, and the place from which said goods were last
taken.
5.60.070 Detailed description of goods. The city manager
may require that all goods, wares and merchandise listed upon the
inventory or statement shall be so described in detail by
manufacturer's name and lot number, the individual number of
articles so numbered, colors, sizes and otherwise, that the
identity of such goods with .the goods listed on such inventory
can be readily determined.
5.60.080 Filing fee. No application for any permit
pursuant to the provisions of this chapter shall be accepted by
or on behalf of the city manager unless said application shall be
accompanied by a filing fee in such amount as has been prescribed
by resolution of the city council to defray the expense of
investigation and processing, no part of which fee shall be
refunded whether said application be granted or denied.
5.60.090 Investigation of applicant. Upon the filing of
the application with the city manager, the city manager may make
or cause to be made an examination, audit, or investigation of
the applicant and his affairs, in relation to the proposed sale.
5.60.100 Issuance or refusal of permit. If the city
manager finds that the statements in the application are true,
that the inventory is complete, that the advertising set forth is
not false, fraudulent, deceptive or misleading in any respect,
and that the methods to be used by the applicant in conducting
the sale are not such as, in the opinion of the city manager,
will work a fraud upon the purchasers, the city manager shall
issue to the applicant a permit to conduct such sale in
accordance with the provisions of this chapter; otherwise the
city manager shall deny the application and refuse said permit.
5.60.110 Insufficiency of information. The city manager
may refuse a permit because of the insuffidiency of the
information set forth in the application.
5.60.120 Amended application. In case of such refusal,
the city manager shall grant the applicant permission to file an
amended application.
5.60.130 Hearing before denial. No application shall be
denied unless an opportunity for hearing has been given the
applicant before the city manager and upon a ten-day notice in
writing mailed to the applicant at the business address for the
conduct of the sale, as set forth in the application of the said
applicant.
5.60.140 Renewal of permit--Application--Fee. The city
manager may, upon verified application therefor, renew said
permit for a period of not to exceed thirty days, upon the
payment of a renewal fee in such amount as has been prescribed by
resolution of the city council, to defray the expense of
investigation and processing.
5.60.150 Form of application for renewal. Such verified
application for renewal shall set forth a complete list of goods
listed in the original application and remaining unsold, and
shall not contain any goods, wares or merchandise not named in
such original application.
5.60.160 Investigation --Renewal. Upon receipt of such
application for renewal, the city manager shall cause an
investigation to be made within five days from the date of filing
with the city manager the said application for renewal, and if
satisfied of the truth of the statements therein contained, the
city manager shall grant such renewal, which shall be endorsed
and signed as provided for the original permit.
5.60.170 Second renewal. The city manager may renew any
original permit in the manner herein provided, not to exceed two
times, upon payment of a fee for each such renewal, in such
amount as has been prescribed by resolution of the city council,
to defray the expense of investigation and processing.
5.60.180 Limit upon duration of sales. The city manager
shall not issue permits or renewals which will allow the conduct
of any sale or sales of any kind or kinds named in Section
5.60.010 at any one location for more than one hundred twenty
calendar days in any one twelve month period.
5.60.190 Power to revoke --Grounds. The city manager
shall have the power to revoke at any time any permit granted in
accordance with this chapter whenever any such sale or special
sale is being conducted in violation of any of the provisions of
this chapter or in such manner as to deceive or defraud the
public, or if:
(1) FURTHER GROUNDS --MISSTATEMENT IN APPLICATION. The
holder of any such permit has made any material misstatement in
the application for such permit;
(2) FRAUD IN CONDUCT OF SALE. He has been guilty of any
fraudulent practice, or practices, in the conduct of the sale
authorized by such permit;
(3) OMISSIONS IN INVENTORY. He has failed to include in
the inventory required by the provisions of this chapter the
goods, wares or merchandise required to be contained in such
inventory;
(4) "ADDITION OF GOODS. He has added, caused to be added,
or permitted to be added any goods, wares or merchandise not
described in the original inventory; or
(5) IMPROPER ADVERTISING. He has violated any of the
provisions of this chapter or of the laws pertaining to
advertising.
5.60.200 Complaint prerequisite to revocation. No permit
shall be revoked for any cause above enumerated until a written
complaint has first been filed with the city manager, setting
forth in ordinary and concise language the charge made against
the permittee.
5.60.210 Verification --Form of complaint. Such complaint
shall be verified by the oath of the person making the charge,
such verification to be made in the form prescribed by the Code
of Civil Procedure of the State of California for verified
pleadings in civil actions.
5.60.220 Service of complaint --Notice of hearing.
Se.rvice of such complaint and notice of hearing shall be in the
manner hereinbefore provided in Section 5.60.130.
5.60.230 Scope of permit --Unlawful changes. Any permit
issued pursuant to the provisions of this chapter shall be valid
only for the advertising, representation and sale of the
particular goods, wares or merchandise described in the original
application therefor, and at the particular time, and particular
place stated therein, and by the particular applicant; and any
renewal, replenishment or substitution of such goods, wares or
merchandise, or change of such time or place for such sale, or
change of persons conducting the sale, is unlawful and shall
render such permit void.
5.60.240 Ordering goods for sale. No person in
contemplation of conducting any such sale or special sale, or
during the continuance of such a sale, shall order any goods,
wares or merchandise for the purpose of selling them at such
sale.
5.60.250 Presumption from purchase near time of sale.
Any unusual purchase, or additions to the stock of such goods,
wares or merchandise, within sixty days before the filing of such
application for a permit to conduct such a sale shall be
presumptive evidence that such purchase or additions were made in
contemplation of such sale and for the purpose of selling them at
such sale.
5.60.260 Separate offenses. Each sale of goods, wares or
merchandise as were not inventoried and described in said
original application shall constitute a separate offense under
this chapter.
5.60.270 Rules governing sales and advertising. The city
manager may provide such rules and regulations for the conduct
and advertisement of such sale or special sale as, in his
opinion, will serve to prevent deception and to protect the
public.
5.60.280 Loss of identity. Any removal of any goods,
wares or merchandise inventoried and described in the original
application form from the place of sale mentioned in such
application shall cause such goods to lose their identity as the
stock of any of the sales defined herein; and no permit
thereafter will be issued for the conducting of a sale of any
such goods, wares or merchandise in such manner as to identify
them with the store, store name, store owner or location referred
to in the original application.
5.60.290 Posting of permit. Upon, coincident and
throughout the duration of any sale, as herein defined, the
permit issued by the city manager shall be prominently displayed
near the entrance to the premises.
5.60.300 Copies of application and stock list. A
duplicate original of the application and stock list pursuant to
which such permit was issued, shall at all times be available to
the city manager, or to his inspector and investigators to
examine all merchandise in the premises for comparison with such
stock list.
5.60.310 Records of permittee. Suitable books and
records shall be kept by the permittee and shall at all times be
available to the inspector and investigators.
5.60.320 Daily revision of stock list. At the close of
business each day the permittee's copy of the stock list attached
to the application shall be revised and those items disposed of
during such day shall be so marked thereon.
5.60.330 Exemptions. The provisions of this chapter
shall not apply to or affect the following persons:
(1) JUDICIAL SALES. Persons acting pursuant to an order or
process of a court of competent jurisdiction;
(2) OFFICIAL SALES. Persons acting in accordance with
their powers and duties as public officers such as sheriffs and
marshals;
(3) AUCTIONS. Duly licensed auctioneers, selling at
auction;
(4) PUBLISHER OF ADVERTISING. Any publisher of a
newspaper, magazine or other publication, who publishes any such
advertisement in good faith, without knowledge of its false,
deceptive or misleading character, or without knowledge that the
provisions of this chapter have not been complied with;
(5) SEASON, CLEARANCE SALES. End of season sales and
clearance sales not included within Section 5.60.010(5).
5.60.340 Appeals. Any person aggrieved by any decision of
the city manager with respect to denial or issuance of any
permit, conditions attached thereto, or any other administrative
action taken pursuant to the terms of this chapter, may appeal to
the city council by filing a written notice of appeal with the
city clerk specifying the grounds of appeal. Unless an
adjustment of the matter is then made by the city manager
satisfactory to the appellant, the city clerk shall thereupon fix
an early time and place of hearing on such appeal. Notice
thereof shall be given the appellant and other persons who in the
city clerk's opinion appear to be interested persons of record,
of the time and place of hearing, by serving such notice
personally or by depositing it in the United States mail
addressed to all such persons at their last known addresses,
respectively. The city council shall, after hearing, have
authority to determine all questions raised on such appeal,and to
take any action consistent with the terms of this chapter, or
which could legally have been taken by the city manager in the
matter.
Chapter 5.64
SPECIAL ADVERTISING DEVICES
Sections:
5.64.010 Definition.
5.64.020 Permit required.
5.64.030 Application for permit.
5.64.040 Fees.
5.64.050 Revocation or modification of permits.
5.64.060 Searchlights --Operating regulations.
5.64.070 Insurance.
5.64.010 Definition. In this chapter, unless another
meaning is clearly apparent from the context, "special
advertising device" means any device or object other than a usual
and customary sign, which is utilized outside a building to
announce, direct attention to-, identify, or advertise any
commercial enterprise or product, or any noncommercial
.organization, and includes such things as searchlights, flags,
blimps, banners, balloons, pennants, and physical replicas,
reproductions and large objects, any such device or object being
of a nature that it is not customarily and routinely utilized by
all commercial enterprises of similar nature or all noncommercial
organizations of similar nature. An American flag displayed on a
flagpole is not a special advertising device.
5.64.020 Permit required. It shall be unlawful for any
person to use or permit to be used any special advertising device
without first securing a special permit therefor from the city
council. This section shall not apply to any governmental
agency. Permits shall be issued for grand openings and special
occasions and not on a continuing basis for permanent avertising
or identification purposes. Each permit shall be issued for a
specified period of time subject to renewal for good cause shown.
No permit shall be issued if the city council finds that the
special advertising device applied for would constitute a traffic
hazard or a nuisance to adjacent or surrounding properties or to
the public at large, or would be detrimental to the public
convenience or welfare, or would not be in harmony with the
various elements and objectives of the general plan and all other
officially adopted policies and regulations of the city.
Conditions may be attached to any permit issued, in order to
harmonize it with the public purposes expressed in this chapter.
5.64.030 Application for permit. Any person desiring to
operate or use a special advertising device in the city shall
file with the city manager an application therefor. Said
application shall contain:
(1) The name and address of the person making application;
(2) The purpose for which the permit is sought;
(3) The location at which it is desired to use or operate a
special advertising device.
(4) The period for which a permit is desired;
(5) The hours during which the special advertising device
is to be used or operated;
(6) The name of the person who will be in charge of
operating the special advertising device.
5.64.040 Fees. To defray the cost to the city of
administering the provisions of this chapter, there shall be
payable in advance to the city by each applicant a fee in such
amount as may be established by resolution of the city council.
5.64.050 Revocation or modification of permits. (a) Any
permit granted pursuant to the provisions of this chapter may,
after the permittee has been afforded the opportunity of a due
process hearing as hereafter stated, be revoked or modified' by
the city council for any of the following grounds or reasons:
(1) Any acts done under the permit have interfered or
tended to interfere with the normal flow of vehicular or
pedestrian traffic on any public right-of-way;
(2) There was given any false or fictitious information in
connection with the application for and obtaining of the permit;
(3) There has been a violation of or a failure to comply
with any condition attached to the permit or any provision or
regulation of this chapter or of any other applicable rules or
regulations;
(4) Any other reason exists for which the permit might have
been lawfully denied in the first instance, or that for any
reason the continued operations under the permit will be inimical
to the public safety or general welfare of the community.
(b) Such a revocation or modification of a permit shall be
made only after opportunity has been granted to the permittee for
a due process hearing before the city council after ten days'
notice to said permittee, setting forth the nature and grounds of
complaint against him and stating the time and place such hearing
will be held.
(c) Upon failure of the permittee to respond to the
opportunity for hearing after receiving notice of such hearing,
the permit may be revoked, or may be modified in such particulars
as are deemed necessary in the public interest, and any such
revocation or modification shall be effective upon notice or
knowledge thereof being received by the permittee, orally or in
writing. Any such order of revocation or modification shall also
be effective as to any employee or agent of the permittee, which
employee or agent has been notified orally or in writing of the
substance of the order.
(d) Any such revocation or modification of any permit may
be in addition to any penalties otherwise provided for by law.
5.64.060 Searchlights --Operating regulations. In
addition to any other conditions comprising a part of any permit,
the following regulations shall apply to searchlight operations.
(1) Searchlights shall not be operated so as to constitute
a traffic hazard or a nuisance to adjacent or surrounding
properties;
(2) Searchlights shall be so operated so as to avoid
directing the beam at any building;
(3) Searchlights shall be so operated that the beam is not
displayed at an angle greater than forty-five degrees from the
vertical;
(4) Equipment shall be kept on private property and shall
not be allowed within the public right-of-way.
5.64.070 Insurance. The applicant may be required to
show evidence of insurability by having liability and property
damage insurance in force at all times during the time a permit
is in effect in sufficient amounts to protect permittee from
liability, and to hold the city harmless from any damages, claims
or causes of action, by reason of the issuance of the permit and
operation of a special advertising device.
Chapter 5.68
SOUND TRUCKS AND ADVERTISING BY SOUND
Sections:
5.68.010 Definitions.
5.68.020 Registration required.
5.68.030 Registration statement --Identification.
5.68.040 Authority of city manager.
5.68.050 Fee payable.
5.68.060 Sound amplification regulations.
5.68.070 Compliance with regulations required.
5.68.010 Definitions. (a) "Commercial purpose" as used
herein means and includes the use, operation or maintenance of
any sound amplifying equipment audible outside a building for the
purpose of advertising any business, or any goods, wares,
merchandise, or services, and for the purpose of attracting the
attention of the public to, or advertising for, or soliciting
patronage of customers to or for any performance, show,
entertainment, exhibition or event, or for the purpose of
demonstrating any such sound equipment.
(b) "Noncommercial purpose" as used herein means the use,
operation or maintenance of any sound equipment for other than a
"commercial purpose" as defined above. "Noncommercial purpose"
means and includes philanthropic, patriotic or charitable
purposes.
(c) "Person" as used herein means and shall be as defined
in Section 1.01.170.
(d) "Sound amplifying equipment" as used herein means any
machine or device for the amplification of human voice, music, or
any other sound. "Sound amplifying equipment" as used .herein
shall not be construed as meaning standard automobile radios when
used and heard only by occupants of the vehicle in which the said
automobile radio is installed. "Sound amplifying equipment" as
used herein shall not be construed as including warning devices
on authorized emergency vehicles or horns or other warning
devices on any vehicle used only for traffic safety purposes.
(e) "Sound Truck" as used herein means any motor vehicle or
horse drawn vehicle having mounted thereon or attached thereto
any sound amplifying equipment.
5.68.020 Registration required. No person shall use or
cause to b.e used a sound truck or sound amplifying equipment
audible outside a building for commercial purposes, except the
equipment of a Federal Communications Commission licensed radio
broadcasting company, in this city before filing a registration
statement, in triplicate, with the city manager. The
registration statement, in writing, shall state the following:
(1) Name and home address of the applicant;
(2) Address or place of business of app-1 icant;
(3) License and motor number of any sound truck to be used
by applicant;
(4) Name and address of the person who owns the sound
_ amplifying equipment;
(5) Name and address of person having direct charge of the
sound amplifying equipment;
(6) Names and addresses of all persons who will use or
operate the sound truck or other sound amplifying equipment;
(7) The purpose for which the sound will be used;
(8) General description of the sound amplifying equipment
which is to be used;
(9) The maximum sound producing power of the sound
amplifying equipment to be used;
(A) the wattage to be used,
(6) the volume in decibels of sound which will be
produced,
(C) the approximate maximum distance for which sound
will be thrown from the sound truck or other sound amplifying
equipment.
If applicant is an employee or agent for any person, firm,
or corporation desiring commercial advertising, the applicant
shall give the name and address of the person, firm or
corporation.
5.68.030 Registration - statement --Identification. The
city manager shall return to each applicant one copy of the
registration statement, duly certified by the city manager as a
correct copy of said application. Said certified copy of the
application shall be in the possession of any person operating
the equipment at all times while the sound truck or sound
amplifying equipment is in operation. Said statement shall be
prominently displayed and shown to any policeman of the city upon
request.
5.68.040 Authority of city manager. The city manager
shall not return to the applicant a certified copy of the
registration statement if any one of the following conditions
exist-
(1) Conditions of motor vehicle movement are such that, in
the opinion of the city manager, the use of sound amplifying
equipment for commercial purposes would constitute a detriment to
traffic safety;
(2) Conditions of pedestrian movement are such that, in the
opinion of the city manager, the use of sound amplifying
equipment for commercial purposes would constitute a detriment to
traffic safety;
(3) The application required hereinabove reveals the
applicant would violate the regulations prescribed in Section
5.68.060;
(4) If, in the opinion of the city manager, the sound truck
or the sound amplifying equipment are in a state of faulty repair
and constitute a danger to other motor vehicles or to the
pedestrian traffic.
5.68.050 Fee payable. Prior to issuance of the
registration statement, as provided by Section 5.68.030, the
applicant shall pay to the city manager, for and on behalf of the
city, a fee in such amount as has been prescribed by resolution
of the city council, per day, or any portion thereof, in advance,
for the number of days of proposed operation as set forth on the
application, to defray the costs to the city of administering the
provisions of this chapter.
5.68.060 Sound amplification regulations. Commercial
use of sound trucks or sound amplifying equipment shall be
subject to all the following regulations; however, noncommercial
use of sound trucks or sound amplifying equipment shall be
subject only to those regulations listed below as (4), (6) and
(7):
(1) The only sound permitted shall be either music or human
speech;
(2) Operations are permitted for four hours each day except
on Sundays and legal holidays, when no operations shall be
authorized;
(3) Sound amplifying equipment shall not be operated unless
the sound truck upon which such equipment is mounted is operated
at a speed of at least ten miles per hour except when said truck
is stopped or impeded by traffic. Where stopped by traffic, the
sound amplifying equipment shall not be operated for longer than
one minute at each such stop;
(4) Sound shall not be issued within two hundred feet of
hospitals, schools or churches;
(5) Sound trucks with sound amplifying devices in operation
shall be operated only on commercially or industrially zoned
streets within the city;
(6) The volume of sound shall be controlled so that it will
not be audible for a distance in excess of two hundred feet from
the source, and the volume of sound shall be so controlled that
it will not be unreasonably loud, raucous, jarring, disturbing,
or a nuisance to businesses or persons within the area of
audibility;
(7) No sound amplifying equipment shall be operated with an
excess of fifteen watts power in the last stage of amplification.
5.68.070 Compliance with regulations required. No person
shall operate, or assist or participate in the operation of sound
amplifying equipment within the city except in compliance with
the applicable provisions of this chapter, and no person shall
willfully or knowingly violate any provision thereof, or fail,
refuse or neglect to comply with each and every applicable
provision herein.
Chapter 5.72
MISCELLANEOUS BUSINESSES REGULATED
Sections:
5.72.010 City council permit required for certain
businesses.
5.72.020 Police permit required before conducting
locksmith business.
5.72.030 Revocation of permits.
5.72.010 City council permit required for certain
businesses. No person shall commence, conduct or carry on any
of the businesses or business activities listed in this section
without having applied for and been granted a permit therefor by
the city council. Permits shall be issued in cases where the
council finds that the applicant and proposed participants in the
business or business activity are of good moral character, and
the proposed business or activity will apparently be conducted in
compliance with all applicable laws and regulations, local, state
or federal, that all state and federal licensing requirements
apparently have been or will be complied with, and that the
proposed location or locations for the business or activity will
be desirable to the public convenience and welfare and will be in
harmony with the various elements and objectives of the general
plan, and all other officially adopted policies and regulations
of the city:
(1) Automobile or truck rental or leasing (subject to
processing in accordance with Chapter 5.40);
(2) Automobile wrecking businesses where wrecked or damaged
automobiles are bought or sold in whole or in part;
(3) Bankrupt, assigned or damaged goods sales, selling or
offering for sale any bankrupt, assigned or damaged stock of
goods, wares, or merchandise, of whatsoever nature or kind;
(4) Bicycle rental or sales;
(5) Carnivals;
(6) Circuses, menageries and the like;
(7) Pawnbrokers;
(8) Secondhand dealers, dealing in secondhand goods, wares
or merchandise whether or not carried on in conjunction with
another business or with the business of dealing in new
merchandise.
5.72.020 Police permit required before conducting
locksmith business. No person shall conduct or carry on the
business of locksmith, or a key or lock repair shop or business,
without having applied for and been granted a permit therefor by
the chief of police. Such permits shall be issued in cases
— where, after investigation the chief of police determines that
the applicant and proposed participants in the business or
business activity are of good moral character, and that the
issuance of the permits will not prejudice the public peace,
safety, morals or welfare.
5.72.030 Revocation of permits. The city council shall
have the power to revoke any permit issued pursuant to Sections
5.72.010 or 5.72.020, after a hearing conducted with due notice
and in accordance with the legal principles of due process, and
as a result of which hearing the council finds and determines
that factual grounds exist, irrespective of when the same first
arose, which would justify denial of issuance of a permit in the
first instance, under the criteria prescribed in the section
under which the permit was issued.
Title 6
HEALTH AND SANITATION
Chapters:
6.04 Refuse Disposal
6.06 Restaurant Inspection and Grading
6.08 Nuisances
Chapter 6.04
REFUSE DISPOSAL
Sections:
6.04.010 Definitions.
6.04.020 Duties of persons in charge of premises.
6.04.030 Rubbish collection or transporting --Permit
required.
6.04.040 Permit applications.
6.04.050 Issuance of permit for transporting.
6.04.060 Issuance of Permit for collecting.
6.04.070 Collection areas.
6.04.080 Permit denial --Appeals.
6.04.090 Permits --Renewal annually.
6.04.100 Permits --Transfer or subcontract prohibited.
6.04.110 Permits --Suspension.
6.04.120 Permits --Annual fees --Prorating.
6.04.130 Equipment --Tags and decals.
6.04.140 Insurance.
6.04.150 Collection schedules.
6.04.160 Equipment standards.
6.04.170 Permittees--Business headquarters.
6.04.180 Commercial and industrial containers.
6.04.190 Rates and charges.
6.04.200 Hazardous waste collection and hauling.
6.04.210 Collection service --Availability to all.
6.04.220 Placing of refuse in streets.
6.04.230 Unlawful use of trash receptacles.
6.04.240 Burning of rubbish prohibited.
6.04.250 Improper keeping of refuse as nuisance.
6.04.260 Cumulative remedies.
6.04.010 Definitions. For purposes of this chapter,
certain words and phrases shall be construed as set forth in this
section unless it is apparent from the context that a different
meaning is intended:
(1) "Rubbish" shall mean all non-putrescible waste matter
or debris, including both combustible and non-combustible
materials, that result from normal household, community, and
business activities, including grass clippings and tree
trimmings, but not including car bodies, rocks, tree stumps,
construction or demolition debris, or garbage as herein defined.
(2) "Garbage" shall mean all animal or vegetable waste or
residue from kitchens, canneries, packing houses,
slaughterhouses, bakeries, restaurants, distilleries, wineries,
markets or other food handling or food processing places, and all
household waste or residue resulting from the preparation,
handling, care, or treatment of food.
(3) "Health officer" shall mean the health officer of the
City of La Quinta, I or such other person or persons as are
duly authorized by law to perform the duties of the office of
health officer for the city.
(4) "Garbage or rubbish transporter" shall mean any person
who transports garbage or rubbish from central collection points
to a hog ranch or to a disposal site, but does not operate
service routes for the collection of garbage or rubbish from
residential, commercial or industrial buildings.
(5) "Garbage or rubbish collector" shall mean any person
who operates service routes for the collection and disposal of
garbage or rubbish from residential, commercial or industrial
buildings.
(6) "Permittee" shall mean any person who has been issued a
permit to collect or transport garbage or rubbish under the
provisions of this chapter.
(7) "Hazardous waste" shall mean any waste material or
mixture of wastes which is toxic, corrosive, flammable, an
irritant, a strong sensitizer, which generates pressure through
decomposition, heat or other means, if such a waste or mixture of
wastes may cause substantial personal injury, serious illness or
harm to wildlife, during, or as a proximate result of any
disposal of such wastes or mixture of wastes. The terms "toxic,"
"corrosive," "flammable," "irritant," and "strong sensitizer"
shall be given the same meaning as in the California Hazardous
Substances Act in Health and Safety Code Section 28740 et seq.
(8) "Extremely hazardous waste" shall mean any hazardous
waste or mixture of hazardous wastes which, if human exposure
should occur, may likely result in death, disabling personal
injury or illness during, or as a proximate result of, any
disposal of such waste or mixture of wastes because of its
quality, concentration, or chemical characteristics.
6.04.020 Duties of persons in charge of premises. (a)
It is the duty of every person in possession, charge or control
of any place within this city, in or from which garbage or
rubbish accumulates or is produced, to provide, and at all times
to keep in a suitable place readily accessible to the users,
containers capable of holding without spilling, all rubbish and
garbage which would ordinarily accumulate on such premises
between the times of two successive collections.
(b) Every person in charge of a residence or residences,
whether single or multiple family, shall, not less than once a
week, remove or cause to be removed from the property upon which
the residence or residences are located, all garbage and rubbish
created or produced or brought upon the premises. Every person
in charge of a commercial or industrial building shall not less
than twice a week, remove or cause to be removed from the
property upon which the building is located all garbage and
_ rubbish created or produced or brought upon the premises;
provided however, that upon written approval by the health
officer, rubbish created, produced or brought upon the premises
of an industrial or commercial building may be removed not less
than once a week.
(c) All garbage and rubbish in or about any residential,
commercial or industrial building shall be deposited in
commercial rubbish bins, suitable containers, or plastic bags
approved by the health department. All rubbish bins and other
suitable containers shall be water -tight and covered with a tight
fitting lid if any garbage is placed therein. No container shall
exceed 36 gallons in size or a loaded weight of 55 pounds if the
garbage or rubbish is to be collected by a permittee. No
container shall be placed adjacent to a street for collection
service more than 12 hours prior to the permittees' collection
time, and shall be removed from the street location within 12
hours after collection. These size and weight restrictions do
not, however, apply to power -emptied containers.
6.04.030 Rubbish collection or transporting --Permit
required. No person shall collect or transport garbage or
rubbish in the city without an unrevoked, current permit issued
by the city. Persons hauling garbage or rubbish from their
residences, or garbage or rubbish produced in the course of their
own business, or persons performing occasional hauling for others
without compensation, shall not be required to obtain a permit,
but are required to use equipment meeting the standards set forth
in Section 6.04.160.
6.04.040 Permit applications. Applications for a permit
to collect or transport garbage or rubbish shall be made to the
health officer upon the forms provided by the health department,
which shall include the following information-
(1) Name, home and business address of applicant.
(2) Address or location where all trucks and operating
equipment will be kept and the zone classification of the
location.
(3) Trade and firm name.
(4) A complete description of all trucks and equipment that
the applicant owns or has under his control to collect or
transport garbage or rubbish.
(5) If the application is for a permit to collect garbage
or rubbish, the collection permit area for which the applicant is
requesting the permit and any facts which the applicant desires
to submit, tending to show that the public health, safety,
welfare, convenience and necessity make desirable the granting of
the permit to collect garbage or rubbish in that collection
permit area.
(6) The number of customers for which applicant desires a
permit.
6.04.050
Issuance
of permit
for transporting. Upon
receipt of a
completed
application
to transport garbage or
rubbish only,
the health
officer shall
determine if the applicant
meets all the requirements of this chapter and upon such
determination, shall issue a permit which shall not be restricted
to any specified area.
6.04.060 Issuance of permit for collecting. Upon receipt
of a completed application to collect garbage or rubbish, the
health officer shall determine if the public health, safety,
welfare, convenience and necessity make desirable the granting of
a new permit for the collection area for which the application
has been made, and shall determine whether or not the applicant
has the necessary equipment and facilities to adequately serve
the number of customers, for which he has applied and if the
applicant meets all other requirements of this chapter. Upon
completion of his investigation, the health officer shall
recommend to the city council that a permit be granted or denied
for the requested collection area. No permit shall be issued by
the health officer until the city council has determined that the
public health, safety, welfare, convenience and necessity make
desirable the granting of a new permit for the specific
collection area.
6.04.070 Collection areas. Upon the approval of the
granting of a permit, the health officer shall issue the permit
for the specific collection area and the permittee shall have the
right to collect garbage and rubbish throughout the entire
collection area, as shown or otherwise specified in the permit,
but he shall not be permitted to collect garbage or rubbish in
any other collection area.
6.04.080 Permit denial --Appeals. If the city council
determines that a permit shall not be issued, the applicant shall
have the right to demand a hearing before the city council. A
request for a hearing shall be made in writing to the city clerk,
not more than 15 calendar days following the decision of the city
council to deny the permit. Upon receipt of a written request
for hearing, the city clerk shall set the matter for hearing on a
date not more than 60 days following receipt of the written
request and shall give written notice of the time, date and place
of hearing to the applicant and the health officer, and to all
other permittees presently serving all or part of the same area.
At the hearing the applicant, the health officer, and any other
permittee serving the same area may show facts that the public
health, safety, welfare, convenience and necessity does or does
not make desirable the granting of a permit for the collection
permit area and whether the applicant owns or controls sufficient
equipment and facilities to meet the requirements of this chapter
and to adequately serve the number of customers for which he has
applied for a permit. The city council shall issue its decision
within 15 days after the close of the hearing on the appeal.
6.04.090 Permits --Renewal annually. Permits may be
renewed annually by the health officer, upon application by a
permittee, if the health officer determines that the permittee
remains in compliance with the provisions of this chapter.
6.04.100 Permits --Transfer or subcontract prohibited. No
permit shall be transferred nor shall any permittee contract with
any other person to collect or transport garbage or rubbish over
all or any portion of his collection route.
6.04.110 Permits --Suspension. A permit may be suspended
by the health officer upon 10 days notice to the permittee, for
failure to conform to the provisions of this chapter and the
permittee shall cease operations under his permit until the
health officer has removed the suspension. Notice may be served
personally or by registered or certified mail addressed to the
last place of business or residence reported by the permittee.
6.04.120 Permits --Annual fees --Prorating. (a) The
annual fees for a permit shall be in such amount or amounts as
may have been established by resolution of the city council to
defray the expense of investigation and processing, provided that
in the absence of any such established amounts, the health
officer may collect and deposit in the appropriate accounts
provided for the purpose such fees in the same amount(s) as are
applicable to similar permits issued for operations in comparable
unincorporated areas.
(b) All permits shall be issued to expire at the end of the
calendar year; however, the fee for a portion of the first year
shall be prorated on a monthly basis.
6.04.130 Equipment --Tags and decals. (a) The health
officer shall provide for each truck and container or compactor
utilized by a permittee, a distinctive and durable tag or decal,
which shall be securely fastened and maintained by the permittee
on each vehicle, container or compactor so as to be clearly
visible.
(b) The health officer may suspend the tag or decal of any
truck, container or compactor that fails to meet the requirements
of this chapter, and such truck, container or compactor shall not
be used for the collection or transportation of garbage or
rubbish until it has been re -issued by the health officer.
6.04.140 Insurance. Every permittee shall maintain and
keep in force on each truck, public liability insurance in an
amount not less than $100,000 for injury or death to any one
person, and not less than $300,000 for injury or death to more
than one person arising out of any one accident, and property
damage insurance in an amount not less than $50,000; and shall
carry workers' compensation insurance covering all his employees.
Copies of the policies or certificates evidencing such policies
shall be filed with'the health officer. All policies shall be
written for not less than a one year period and shall contain a
provision requiring that thirty days' notice must be given to the
health officer prior to cancellation, modification or reduction
of the limits of the policy by the insured.
6.04.150 Collection schedules. Every permittee operating
a collection route shall provide not less than one regular weekly
collection to all residential customers and, unless exempted by
the health officer, not less than two regular weekly collections
to all commercial or industrial customers. No permittee shall
collect garbage or rubbish within a residential area earlier than
6 a.m. nor later than 8 p.m., nor on Sundays, except in
emergencies or with approval of the health officer, which may be
given under unusual circumstances and subject to appropriate
conditions on a temporary or permanent basis.
6.04.160 Equipment standards. (a) Trucks used in the
collection or transportationT of garbage, or mixed garbage and
rubbish shall have bodies of watertight metal construction which
shall be leakproof and shall be equipped with a close -fitting
cover, which shall be affixed in a manner that will prevent the
dropping, spilling or other loss of any garbage or rubbish upon
the highway during collection or transportation. In lieu of such
watertight bodies and covers, separate metal containers, with
tight fitting lids may be used.
(b) Trucks used in the collection or transportation of
rubbish only shall have solid construction of the floor and sides
of the body and shall be equipped with a close -fitting cover
which shall be affixed in a manner that will prevent the dropping
or blowing of any rubbish upon the highway during collection or
transportation.
(c) All garbage conveying trucks, tanks, containers and
other receptacles shall be cleaned and disinfected both on the
inside and outside thereof at least once daily, and at all times
shall be kept free from any garbage on the outside thereof.
(d) All trucks shall be maintained in a clean, sanitary and
neatly painted condition, and shall carry a shovel, broom and
fire extinguisher.
(e) Every permittee shall print or paint his firm name,
telephone number and street address in legible letters, not less
than 3 inches in height, on both sides of all trucks used to
collect or transport garbage or rubbish.
6.04.170 Permittees--Business headquarters. Every
permittee operating a collection route shall maintain a fixed
headquarters and a telephone listed in his business name. The
permittee shall, during usual business hours of each day, except
Sundays and holidays, have a competent adult person available to
answer inquiries and receive complaints from the public. The
telephone shall be on the exchange of the area served by the
permittee, or on a toll -free number and shall be listed in the
phone book of the area served. The permittee shall notify the
health officer in writing within seven days after any change in
business name, address, or telephone number. Each permittee
shall maintain a log of all complaints listing the date and time
of complaints, the complainant's name, address, telephone number,
the nature of such complaints, date of action, and the
disposition of the complaint so that they will be available for
review by the health department at all reasonable times. All
inquiries and complaints shall be promptly answered and dealt
with to the satisfaction of the health officer.
6.04.180 Commercial and industrial containers. Every
permittee shall place and maintain on the outside of all
commercial and industrial containers of more than one cubic yard
capacity, in legible letters and numerals, not less than two
inches in height, the permittee's firm name and telephone number.
Every permittee shall at all times keep such containers and lids
in good repair and maintained in a clean and sanitary condition
to the satisfaction of the health officer. It shall be the
responsibility of the user of the containers or other equipment
to provide a clean, safe and sanitary area for the storage
thereof and to maintain such area in a clean and sanitary
condition at all times.
6.04.190 Rates and charges. A permittee's charges for
all services shall be uniform for equal services rendered and
shall be based on the number of containers, type of garbage or
rubbish, number of separate pick up points at any collection
point, placement or distance of carryouts, frequency of service,
and whether residential, commercial or industrial collection. A
current rate schedule shall be kept on file by each permittee
with the health officer and no charge shall be made unless it
complies with the rate schedule.
6.04.200 Hazardous waste collection and hauling. Every
person who collects or hauls hazardous or extremely hazardous
waste shall immediately notify the health officer in writing,
listing the following information:
(1) The name, address, and telephone number of collector or
hauler.
(2) The name, address, and telephone number of the
facilities from which the hazardous or extremely hazardous waste
is collected.
(3) A description of the type of hazardous or extremely
hazardous waste collected, as represented in writing by the
administrator of the facility, including the amounts collected
measured in cubic feet and the frequency of collection.
(4) The name, address, and telephone number of the waste
disposal facility that is used for the final disposal of the
hazardous or extremely hazardous waste.
6.04.210 Collection service --Availability to all. (a) A
permit holder shall, when deemed essential to the public health
and safety by the health officer, provide collection service to
any resident or to any commercial or industrial establishment
located within the permit area, if such collection service has
been requested.
(b) A permit holder may deny service to a customer for
reason of failure by the customer to pay his just bill or failure
to substantially comply with any requirement of this chapter.
After giving 15 days' notice to the customer to comply, the
permittee shall notify the health officer, in writing of any
service refusal concurrently with written notification to the
customer.
6.04.220 Placing of refuse in streets. No person shall
place or deposit any refuse in or upon any public place, street,
alley, sidewalk or footpath in this city except in proper
containers for the purpose of collection and in compliance with
Section 6.04.020.
6.04.230 Unlawful use of trash receptacles. It is
unlawful for any person operating or connected with any business
to place or deposit garbage or rubbish in any container placed
upon the public street by public authority, and meant primarily
for the disposal of rubbish by pedestrians using the sidewalk.
Such persons and business houses shall arrange separately for
removal of refuse in containers maintained by the person or
business house.
6.04.240 Burning of rubbish prohibited. No person shall
burn any rubbish within the city, except in an approved
incinerator or other device for which a permit has been issued by
the city manager, and which complies with all applicable permit
and other regulations of the air pollution control authorities,
and provided any such act of burning in all respects complies
with all other laws, and rules and regulations administered by
the air pollution control authorities.
6.04.250 Improper keeping of refuse as nuisance. (a)
The keeping of garbage in containers other than those prescribed
by this chapter, or the keeping upon premises of garbage or
rubbish which is offensive, obnoxious, or unsanitary shall be
unlawful, shall constitute a public nuisance and may be abated in
the manner now or hereafter provided by law for the abatement of
nuisances.
(b) It is further unlawful, and a public nuisance, for any
person to occupy or inhabit any property within the city for
which appropriate arrangements have not been made and maintained
in effect on a regular basis, for periodic removal of rubbish and
garbage in compliance with Section 6.04.020.
6.04.260 Cumulative remedies. The conviction and
punishment of any person hereunder shall not relieve such person
from the responsibility to correct prohibited conditions or to
remove prohibited matter, nor prevent the enforced correction or
removal of such prohibited condition or matter.
Chapter 6.06
RESTAURANT INSPECTION AND GRADING
Sections:
6.06.010 Definitions.
6.06.020 Inspection and grading of restaurants.
6.06.030 Use of score shaets in inspection.
6.06.040 Preparation and posting of grade cards.
6.06.050 Fees.
6.06.010 Definitions. For purposes of this chapter,
certain words and phrases shall be construed as set forth in this
section unless it is apparent from the context that a different
meaning is intended.
(1) "Restaurant" means an eating establishment as the term
"restaurant" is defined in Section 28522 of the California Health
and Safety Code.
(2) "Food or beverage" and "utensil" mean as those terms
are defined in the California Restaurant Act.
(3) "Health officer" means the health officer of the City
of La 'Quinta or such other person or persons as are duly
authorized by law to perform the duties of the office of health
officer for the city.
6.06.020 Inspection and grading of restaurants. The
health officer shall inspect and grade each restaurant in the
city from time to time as he shall deem proper, and shall inspect
and grade any restaurant within five days after written demand
therefor by the owner, operator or person in charge of any
restaurant which received a grade of less than ninety percent on
the last inspection. The record of each inspection and the
computation and determination of each grading of each restaurant
shall be signed by the health officer or his deputy or authorized
inspector. A signed copy of such record shall be delivered
personally to the owner, operator or person in charge of the
restaurant inspected. Such records shall be kept and preserved
in the office of the health officer for not less than the minimum
period prescribed by Government Code Sections 34090 et seq.
6.06.030 Use of score sheets in inspection. In
inspecting and grading all restaurants in the city, the health
officer shall grade and inspect according to the sanitary
conditions of each of said restaurants. To accomplish uniform
inspection and grading, the health officer shall make all
inspections and compute and determine all grades by the use of
and in strict conformity with the form of score sheet then
currently used by the health officer performing inspection duties
for the city, in such officer's evaluation and scoring of all
restaurants within his current jurisdiction. Said form shall be
provided by the health officer and may be changed from time to
time with a view to keeping it in conformance with state
regulations on the subject.
6.06.040 Preparation and posting of grade cards. (a) The
grade of each restaurant shall be computed and determined,
according to its sanitary condition, by adding together the score
attained for equipment and methods on the score card and then
dividing the sum by two. The grade of each restaurant shall be
evidenced by the posting of a card bearing the letter, A, B, or
C. The letter A shall indicate a grade of ninety percent, or
higher. The letter B shall indicate a grade of less than ninety
percent but not less than eighty percent. The letter C shall
indicate a grade of less than eighty percent.
(b) The grade card shall be prepared and provided by the
health officer, and shall be of dimensions of not more than nine
inches by eleven inches, and the grade letters shall be not more
than five inches in height. Grade A cards shall be printed in
blue, grade B cards in green, grade C cards in red, all on white
stock.
(c) One grade card shall be posted in a place selected by
the health officer at or near each entrance to the restaurant,
which entrance is for the use of patrons, so as to be conspicuous
to patrons. No person, except the health officer, shall remove
any such grade card. The form of such grade cards may be
substantially in words and figures, as follows:
THIS ESTABLISHMENT HAS
COMPLIED WITH SANITARY
REOU IRENENTS FOR
GRADE
A
DEPARTMENT OF PUBLIC HEALTH
COUNTY OF RIVERSIDE
DIRECTOR OF PUBLIC HEALTH
PENALTY FOR REMOVAL
or
THIS ESTABLISHMENT DOES
NOT OCMPLY WITH MINIMUM
SANITARY STANDARDS
GRADE
B (or "C", as case may be)
DEPARTMENT OF PUBLIC HEALTH
COUNTY OF RIVERSIDE
DIRECTOR OF PUBLIC HEALTH
PENALTY FOR RENDVAL
6.06.050 Fees. In addition to such fees as may have been
established relative to enforcement of the California Restaurant
Act, the health officer, to offset the expenses of posting of
grade cards and any other functions provided for herein which may
be over and above those provided for by the California Restaurant
Act, may collect and deposit in the appropriate accounts provided
for the purpose such fee or fees as may from time to time be
prescribed by resolution of the city council or
resolution of the County of Riverside.
Chapter 6.08
NUISANCES
Sections
by ordinance or
6.08.010 Vacant premises --Maintenance.
6.08.020 Air pollution.
6.08.030 Mosquito breeding places.
6.08.040 Noises.
6.08.050 Disturbances by construction noises.
6.08.060 Animals near buildings.
6.08.080 Animals on unsanitary premises.
6.09.090 Disposal of carcasses.
6.08.100 Discharge of sewage upon ground.
6.08.105 Animal manure prohibited unless odorless.
6.08.110 Depositing or leaving of refuse.
6.08.120 Parking of vehicles containing offensive sub-
stances.
6.08.130 Hauling of offensive substance in defective
vehicle.
6.08.010 Vacant premises --Maintenance. It is a nuisance,
and it is unlawful, for any person or agent to allow any vacant
or unoccupied building to remain open and of easy access to
trespassers or to allow the same to become infested with vermin
or rodents, or to become a menace to health.
6.08.020 Air pollution. It is a nuisance, and it is
unlawful, for any person to establish, conduct, maintain or
operate or cause or permit to be established, conducted or
operated any business, factory, yard, establishment or other
place which will generate into or pollute the atmosphere with any
unwholesome, offensive, or deleterious gas, fumes, dust, smoke,
or odors, or to allow offensive odors to be emitted from offal,
garbage or any animal or vegetable matter.
6.08.030 Mosquito breedinq places. It is a nuisance, and
it is unlawful, for any person to maintain any premises upon
which there is stagnant or still water or a marshy condition
which harbors and breeds mosquitoes or other poisonous or
objectionable insects.
6.08.040 Noises. It is a nuisance, and it is unlawful
for any person to make, cause or suffer, or permit to be made or
caused upon any premises any unnecessary noises or sounds which
are physically annoying to persns of ordinary sensitiveness or
which are so harsh or so prolonged or unnatural or unusual in
their use, time, or place as to occasion physical discomfort.
6.08.050 Disturbances by construction noises. (a) It
is a nuisance and it is unlawful, for any person to be engaged
or employed, or for any person to cause any other person to
be engaged or employed, in any work of construction, erection,
alteration, repair, addition to, or improvement to realty,
except between the hours set forth as follows, if the noise
or other sound produced by such work is of such intensity
or quality that it disturbs the peace and quiet of any other
person of normal sensitivity. The permitted hours for such
work are as follows:
October 1st through Monday - Friday: seven a.m. to
April 30th five thirty p.m.
Saturday: eight a.m. to
five p.m.
Sunday: None
Government Code Holidays: None
May lst through Monday - Friday: six a.m. to
September 30th seven p.m.
Saturday: eight a.m. to
five p.m.
Sunday: None
Government Code Holidays: None
(b) No person doing or causing work prohibited by sub-
section (a) of this section, after being informed orally or
in writing that such work has caused noise or sounds which
disturb any other person's peace and quiet, shall fail, re-
fuse or neglect to take whatever steps or use whatever means
are necessary to assure that such work does not again disturb
such other person's peace and quiet.
EXCEPTIONS: (1) Emergency repair of existing installa-
tions or equipment or appliances;
(2) Construction work complying with the terms of a
written early work permit which may be issued by the city
manager or his designee, upon a showing of sufficient need
due to hot or inclement weather, or the use of an unusually
long process material, or other circumstances of unusual and
compelling nature.
6.08.060 Animals near buildings. It is a nuisance and it
is unlawful,for any person to keep any animal, fowl or bird, wild
or domestic, except customary domestic pets, within twenty feet
of any building, school, church, hospital, or any residence or
dwelling house or other buildings used for the habitation of
human beings.
6.08.080 Animals on unsanitary premises. It is a
nuisance, and it is unlawful, for any person to keep or permit to
be kept on any premises any wild or domestic animal, fowl, or
bird, when such premises or the animal, fowl or bird is
offensive, obnoxious, filthy or in an unsanitary condition.
6.08.090 Disposal of carcasses. It is a nuisance, and it
is unlawful, for any owner, possessor, or the person responsible
for the death thereof, on whatever premises same may be, to fail
to cause any dead animal or part thereof, within six hours after
the death of same, to be buried so that there is at least three
feet of soil above said carcass, or to be disposed of in some
other sanitary manner; provided, however, that this section shall
not apply to animals slaughtered for and fit for human food.
6.08.100 Discharge of sewage upon ground. It is a
nuisance, and it is unlawful, for any person to permit any part
of the contents of any private vault, cesspool, septic tank,
water closet, urinal, pipe, sewer line, or any sewage, effluent,
night soil, slop water, or any other filthy water, matter, or
substance, to flow or discharge upon the ground or upon the
surface of any lot or premises or in any public street or other
public place.
6.08.105 Animal manure prohibited unless odorless. It is
a nuisance, and it is unlawful, for any person to use, stockpile,
have in possession, deliver or convey any form of animal manure
at or to a point within the city unless such manure has been
processed or treated so as to render it substantially free of
unpleasant odor. This section shall not apply to domesticated
pets' excrement or to stables or riding stables provided that the
manure from the horses is not used for cultivating or mulching
purposes.
6.08.110 Depositing or leaving of refuse. It is a
nuisance, and it is unlawful, for any person to deposit or allow
to remain on any premises, vacant lot, street, alley, or in any
excavation, any offal, garbage, dead animals or any putrid
decaying or offensive animal or vegetable matter.
6.08.120 Parking of vehicles containing offensive
substances. It is a nuisance, and it is unlawful, for any person
to permit any vehicle hauling or carrying or used for hauling or
carrying any dead animal, offal, market refuse, garbage, swill,
night soil, butchers' scraps, hog manure or other nauseous or
offensive substances to stand or remain in or upon any public
street or other public place longer than is necessary for loading
and hauling such substance to its destination or to permit any
such vehicle to be in a filthy or offensive condition.
6 08 130 Hauling of offensive substance in defective
vehicle. It is a nuisance, and it ►s unlawful, for any person,
to use any vehicle, tub or other receptacle for hauling any
offal, hog manure, or the contents of a privy vault, cesspool or
— sink, or any nauseous or offensive substances, unless such
vehicle, tub, or other receptacle shall be sufficiently strong
and tight to prevent any of the contents from leaking or spilling
therefrom and unless the same shall be so tightly covered as to
not attract flies, and as to prevent any nauseous odors from
escaping therefrom.
Title 8
BUILDINGS AND CONSTRUCTION
Chapters:
8.04 Building Codes
Chapter 8.04
BUILDING CODES
Sections:
8.04.010 Incorporation by reference.
8.04.020 Citation of building code.
8.04.010 Incorporation by reference. The following
ordinance of the city relating to adoption of certain building
codes hereby is incorporated herein by this reference and shall
continue ' in effect until hereafter superseded, amended or
repealed by proper authority.
Ordinance Date
Number Passed
6 July 6 , 19 8 2
TITLE OF ORDINANCE
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, ADOPTING BY REFERENCE (WITH CERTAIN
AMENDMENTS) RIVERSIDE COUNTY ORDINANCE NO. 457.57
ENTITLED: "AN ORDINANCE OF THE COUNTY OF�RIVERSIDE
AMENDING ORDINANCE NO. 457 RELATING TO BUILDING
REQUIREMENTS AND ADOPTING THE 1979 EDITION OF THE
UNIFORM ADMINISTRATIVE CODE; THE 1979 EDITION OF
THE UNIFORM BUILDING CODE INCLUDING THE APPENDIX
AND STANDARDS; THE 1979 EDITION OF THE UNIFORM
HOUSING CODE; THE 1976 EDITION OF THE UNIFORM
MIECHANICAL CODE, INCLUDING THE APPENDIX AND
STANDARDS, THE 1979 EDITION OF THE UNIFORM PLUv1BING
CODE, INCLUDING THE APPENDIX AND STANDARDS, AND
THE 1978 EDITION OF THE NATIONAL ELECTRICAL CODE."
8.04.020 Citation of building code. This chapter, the
Uniform Building Code, 1979 Edition, the Uniform Building Code
Standards, 1979 Fdition, the Uniform Administrative Code, 1979 Edi-
tion, the Uniform Housing Code, 1979 ,Edition, the Uniform Mechanical
Code, 1976 Edition, the Uniform Plumbing Code, 1979 Edition, the
National Electrical Code, 1981, said Ordinance No. 10, and all
amendments thereto, may be collectively referred to and cited as
the "La Quinta Building Code."
Title 10
ANIMOtLS
Chapters:
10.04 Definitions
10.08 Dog Licenses
10.12 Animal Control Officer
10.16 Biting
10.20 Impoundment
10.24 Animal Keeping
10.28 Offenses
Chapter 10.04
DEFINITIONS
Sections:
10.04.010 Definitions generally.
10.04.020 Animal control officer;
10.04.030 Dog.
10.04.040 Owner.
10.04.050 Unlicensed dog.
10.04.060 Vicious animal.
10.04.070 Wild Animal.
Health officer.
10.04.010 Definitions generally. For the purposes of
this title, unless it is plainly evident from the context that a
different meaning is intended, certain terms used herein are
defined as follows in this chapter.
10.04.020 Animal control officer; Health officer. (a)
"Animal control officer" means the city manager or such person as
the city manager has designated to perform the duties of the
position, or such person with whom the city has contracted to
perform such duties, or such person who is otherwise obligated by
law to perform such duties.
(b) "Health officer" means the health officer of the City
of La Quinta or such other person or persons as are duly
authorized by law to perform local health officer duties within
the city.
10.04.030 Dog. "Dog" means any member of the canine
family and includes female as well as male dogs.
10.04.040 Owner. "Owner" means any person, firm or
corporation owning, having an interest in, or having control or
custody or possession of any animal.
10.04.050 Unlicensed dog. "Unlicensed dog" means any dog
for which the license for the current licensing year has not been
paid, or to which the tag for the current year provided for in
this title is not attached.
10.04.060 Vicious animal. "Vicious animal" means any
animal which has bitten a person or other animal without
provocation or which has a propensity to attack or bite any
person or animal without provocation.
10.04.070 Wild Animal. "Wild animal" means any animal
not ordinarily and customarily domesticated, but under human
control.
Chapter 10.OB
DOG LICENSES
Sections:
10.08.010
Annual license required.
10.08.020
Exemptions.
10.08.030
Term.
10.08.040
Fees.
10.08.050
Application.
10.08.060
Anti -rabies vaccination required.
10.08.070
Issuance of tags and certificates.
10.08.080
Tag --Attachment required.
10.08.090
Tag --Display required.
10.08.100
Tag --Removal prohibited.
10.08.110
Tag --Replacement.
10.08.010 Annual license required. No person within the
city owning, possessing, controlling, harboring, or keeping any
dog over four months of age shall fail, refuse or neglect to
procure an annual dog license tag for each dog, from the city
manager or his authorized agent. No license issued pursuant to
this title shall be transferable.
10.08.020 Exemptions. An annual dog license tag is not
required for any dog found within the city under any of the
following conditions:
( 1 ) When the dog is owned by, or in the care of, any person
who is a nonresident or who is traveling through the city, or who
is temporarily sojourning therein, provided the dog is kept
within the city for less than thirty days;
(2) When the dog has a valid license from either the county
of Riverside or another city within the county; provided this
exemption shall be available for a maximum period not exceeding
six months.
10.06.030 Term. The effective period of each dog license
issued shall be not more than one year.
10.08.040 Fees. The annual license fee payable shall be
the amount fixed from time to time by resolution of the city
council, provided that in the absence of any such established
amount, the licensing authority may collect and deposit in the
appropriate accounts provided for such purpose, a fee in the same
amount as is applicable for similar dog licensing in
unincorporated areas of the County of Riverside.
10.08.059 Application. The owner shall state at the time
application is made, and upon standard printed forms of
application provided for such purpose, his name and address and
the name, breed, color, age, and sex of each dog for which
application is made.
10.08.060 Anti -rabies vaccination required. As a
condition for the issuance of a license, all applicants for such
license shall procure and deliver to the licensing authority a
certificate issued by a duly licensed veterinarian certifying
that the dog to be licensed has been administered an anti -rabies
vaccination within thirty days prior to the issuance of said
license, or has received anti -rabies vaccination sufficient to
irrmunize said dog against rabies for the license period applied
for.
10.08.070 Issuance of tans and certificates. A metallic
tag and license certificate with corresponding number shall be
furnished by the licensing authority, upon payment of the
appropriate fee prescribed.
10.08.080 Tag Attachment required. The licensing
authority shall keep a record of such owner or person making
payment of said license fee and to whom a certificate and tag
shall have been issued, and the number and date of such
certificate and such tag. Such metal tag issued shall be
securely fixed to a collar, harness, or other device to be worn
at all times by the dog for whom the registration is issued.
10.08.090 Tag --Display required. No person shall fail or
refuse to show, upon demand of the animal control officer or
deputy thereof or any police officer, the license certificate and
the tag for any duly registered dog kept or remaining within any
home or upon any enclosed premises under his immediate control.
10.08.100 Tag --Removal prohibited. No unauthorized
person shall remove from any dog any collar, harness, or other
device to which is attached a registration tag for the current
license year, or remove such tag therefrom.
10.08.110 Tag --Replacement. If the dog license tag is
lost or destroyed, the owner shall immediately procure a
duplicate license tag from the licensing authority, for which a
fee of one-half the annual fee shall be charged.
Chapter 10.12
ANIMAL CONTROL OFFICER
Sections:
10.12.010 Position created --General duties.
10.12.020 Powers of enforcement.
10.12.030 Interference with animal control duties.
10.12.010 Position created --General duties. The position
of animal control officer is created and established. The duties
of the animal control officer are as follows-
(1) To receive, take up and impound any and all dogs found
running at large contrary to the provisions of this title, or in
violation of any law of the state;
(2) To regularly and adequately feed, water and otherwise
care for all animals impounded under the provisions of this
title;
(3) To collect impound fees, license fees on impounded
animals, placement fees, and any other fees or taxes provided for
in this title when appropriate;
(4) To promptly deposit all moneys collected into the
appropriate accounts provided for such purpose.
(5) To keep true and accurate records of all pound
activity.
10.12.020 Powers of enforcement. In the performance of
his duties as such, the animal control officer and his deputies
and assistants are invested with the power and authority of a
police officer of this city, but shall not be deemed to be
members of the police department. The animal control officer,
his deputies and assistants, and all peace officers are empowered
to enforce this title and any statute of the state relating to
animals, unless otherwise provided by law.
10.12.030 Interference with animal control duties. No
person shall interfere with, oppose or resist any person
authorized to enforce this title, while such person is engaged in
the performance of his duties.
Chapter 10.16
BITING
Sections:
10.16.010 Biting animals --Quarantine orders.
10.16.020 Animals dying while under quarantine.
10.16.030 Knowledge of bite --Duty to report.
10.16.040 Bitten animals --When to be quarantined.
10.16.050 Disposition of animals appearing to have
rabies.
10.16.060 Rabies epidemics --Authority of health
officer
10.16.010 Biting animals --Quarantine orders. Whenever it
is shown that any dog or other animal has bitten any person or
animal, or exhibits evidence of rabies, no owner or person having
custody or possession thereof, upon order of the animal control
officer or of the county health officer (or any other person
exercising the duties of health officer for the city), shall
fail, refuse, or neglect to quarantine such animal and keep it
tied up or confined for a period of ten days, or shall fail,
refuse, or neglect to allow the animal control officer or the
health officer or their deputies to make an inspection or
examination thereof at any time during such period. No such dog
or animal shall be removed or released during the quarantine
period without the written permission of the animal control
officer or the health officer or their deputies. Unless
otherwise specified by the animal control officer or the health
officer, such animals shall be confined in a pound or shelter or
a veterinary hospital at the owner's expense.
10.16.020 Animals dying while under quarantine. The head
of an animal dying while under isolation in quarantine shall be
submitted to the laboratory of,the county health department for
examination for rabies.
10.16.030 Knowledge of bite --Duty to report. Whenever
any person owning or having charge, care, control, custody or
possession of any animal has knowledge that such animal has
bitten any person, the person owning or having charge, care,
control, custody, or possession of such animal shall report said
fact forthwith to the animal control officer. The report shall
state the name and address of the person bitten, and the time and
place where such person was bitten, and any other information so
requested by the animal control officer.
10.16.040 Bitten animals --When to be auarantined.
Whenever any animal is bitten by another animal having rabies, or
a bitten animal shows any symptoms of rabies, the owner or person
having possession of the bitten animal shall immediately notify
the animal control officer or the health officer, and confine the
animal, and keep it confined until it is established to the
satisfaction of the health officer that it does not have rabies.
The health officer shall have the authority to quarantine any
such animal, or impound it at the owner's expense if the owner or
person having control thereof fails to confine such animal
immediately, or in case the owner or person having possession
thereof is not readily accessible.
10.16.050 Disposition of animals appearing to have rabies.
If it appears to the animal control officer or to the health
officer that any dog or other animal has rabies, he may destroy
such animal forthwith, or hold such animal for further
examination for such time as he may consider advisable.
10.16.060 Rabies epidemics --Authority of health officer.
Whenever the county health officer (or any other person
exercising the duties of health officer for the city) determines
that an epidemic of rabies exists or is threatened, he shall have
the authority to take such measures as may be reasonably
necessary to prevent the spread of the disease, including the
declaration of a quarantine against any or all animals in any
area of the city as he may determine and define, for a period of
not more than one hundred twenty days. An additional or extended
quarantine period may also be declared if the same shall be
deemed necessary by the health officer for the protection and
preservation of the public health, peace and safety. Any
quarantine declared under the provisions of this section other
than as restricted herein, shall be upon such conditions as the
health officer may determine and declare.
Chapter 10.20
INPOUNDNENT
Sections:
10.20.010 Impounding of animals.
10.20.020 Notification to owner.
10.20.030 Disposition of unclaimed animals.
10.20.040 Destruction of animals dangerous to impound.
10.20.050 Reclaiming animals.
10.20.060 Owner's right to redeem animal from purchaser.
10.20.070 Owner's liability to city when redeeming animal
from purchaser.
10.20.080 Impoundment fees.
10.20.090 Vicious animals.
10.20.010 Impounding of animals. It shall be the
function and within the power of the animal control officer to
take up, impound, and safely keep any of the animals mentioned in
this title and found running at large, staked, tied, or being
herded or pastured in any street, lane, alley, court, square,
park or other place belonging to or under the control of the
city, or upon any private property, contrary to the provisions of
this title or to the right of the public.
10.20.020 Notification to owner. The animal control
officer shall immediately upon impoundment of dogs or other
animals make reasonable effort to notify the owners of such dogs
or other animals impounded, and inform such owners of the
conditions whereby they may regain custody of such animals. If
the dog has a valid license, the owner shall be notified, either
personally or by deposit of appropriate notice in the mails
addressed to the record address with postage prepaid.
10.20.030 Disposition of unclaimed animals. All animals
impounded at the city pound shall be provided with proper and
sufficient food and water. Unless unlicensed animals have been
claimed within five days after being impounded, or licensed dogs
seven days after the notification provided for in Section
10.20.020, they may be sold by the animal control officer to the
person offering to pay a cash amount set by the animal control
officer; provided that the purchaser shall not be given
possession of any dog until he shall have paid to the animal
control officer the license fee for such dog and until he shall
have made appropriate arrangements for any necessary rabies
vaccination. If any dog or other animal impounded by the animal
control officer shall not have been claimed within said period
and cannot be sold within a reasonable time thereafter, it may be
destroyed by the animal control officer in a humane manner. In
lieu of destruction, animals may be released without charge to
any humane organization that provides an animal adoption service.
The animal control officer shall maintain a file describing each
animal impounded in the city pound, beginning on the day any such
animal is taken or delivered into the possession of the pound.
10.20.040 Destruction of animals dangerous to impound.
The animal control officer is authorized to forthwith destroy any
animal lawfully impounded which is by reason of disease or other
cause dangerous or inhumane to keep impounded.
10.20.050 Reclaiming animals. The owner of any licensed
impounded animal shall have the right to reclaim the same at any
time prior to the lawful disposition thereof, upon payment to the
animal control officer of the costs and charges provided in this
title for the impounding and keeping of such animals. Any person
claiming ownership of any unlicensed impounded animal shall be
required to present proof of ownership satisfactory to the animal
control officer, and thereafter the animal may be released to
said claimant upon his making payment of all applicable costs,
fees and charges prescribed in this chapter, and upon his making
appropriate arrangements for any necessary rabies vaccination.
10.20.060 Owner's right to redeem animal from purchaser.
The owner of any impounded animal may, at any time, within thirty
days after sale by the animal control officer, redeem such animal
from the purchaser by paying him the sum of money computed by
adding the following amounts: the purchase price paid to the
animal control officer, any license fee paid and rabies
vaccination costs incurred, and in addition thereto a sum equal
to rates established pursuant to Section 10.20..080 for daily care
and feeding per day for the number of days from the date of sale
to and including the date of redemption by the owner.
10.20.070 Owner's liability to city when redeeminq animal
from purchaser. In each case where the owner of an impounded
animal redeems the same from the purchaser, irrespective of
whether payment was made as prescribed in Section 10.20.060, such
owner shall be liable for payment to the animal control officer
of all fees prescribed pursuant to Section 10.20.080 for
impounding and for daily care and feeding of the animal incurred
during the impoundment, deducting therefrom the sale price paid
to the animal control officer by the purchaser. The amount of
the owner's liability under this section shall be deemed a debt
to the city, and an action may be commenced in the name of the
city in any court of competent jurisdiction for the amount of any
such debt.
10.20.080 Impoundment fees. Except in cases when
disposition of an animal is made pursuant to Section 10.20.030,
the animal control officer shall charge, receive and collect fees
for impoundment, care and feeding of impounded animals. The
nature and amounts of such fees shall be as fixed from time to
time by resolution of the city council. In the absence of any
such fee or fees having been so established, the animal control
officer may collect and deposit in the appropriate accounts
provided for such purpose, a fee or fees in the same amount or
amounts as is applicable for similar functions or services in the
unincorporated areas of the County of Riverside.
10.20.090 Vicious animals. Whenever an animal suspected
of being vicious is reported, the city manager may investigate
the circumstances, and if he finds that such animal, by reason cf
its acts, propensities or disposition, constitutes a vicious
animal as defined in this title, he may notify the owner or
harborer in writing, stating the facts and circumstances. He may
order the owner or harborer to keep such animal within a
substantial enclosure or securely attached to a chain or other
type of control which the city manager may deem adequate under
the circumstances. If such restraint is impossible or
impracticable, the animal shall be impounded until the owner or
harborer is able to comply with the city manager's order. For
any such impoundment, the owner or harborer shall be liable to
the city for payment of fees as prescribed pursuant to Section
10.20.080, and any animal not reclaimed within a reasonable time
after such impoundment shall be subject to destruction.
In cases where the animal is not impounded, and written
notification has been given as aforesaid, if the owner or
harborer fails to provide adequate restraint or control of said
animal as ordered by the city manager within a reasonable time,
or if he thereafter at any time fails to maintain such adequate
restraint or control, such owner or harborer shall be guilty of a
misdemeanor, and the animal shall be subject to summary
destruction.
Sections:
10.24.010
10.24.020
10.24.030
Chapter 10.24
ANIMAL KEEPING
Female dogs to
period.
Wild animals to
Kennels subject
regulations.
be confined during breeding
be confined.
to zoning and health
10.24.010 Female dogs to be confined during breeding
period. No owner of an unspayed female dog shall fail, refuse
or neglect, during the breeding period of such dog, to confine
the same in such a manner that it reduces so far as is
practicable under the circumstances, the attraction of stray male
dogs.
10.24.020 Wild animals to be confined. No person owning
any wild animal or operating any wild animal establishment, shall
fail, refuse or neglect to keep all wild animals under proper
confinement on the premises, or cause, permit, suffer or allow
any wild animal to be or run at large, nor shall any such person
maintain any wild animal on or within any premises in such manner
as to endanger the life or limb of any person lawfully entering
such premises.
10.24.030 Kennels subject to zoning and health regulations
Any person maintaining any kennel or pet shop shall conform to
the zoning regulations of the city which are applicable thereto,
as well as any applicable health regulations.
Chapter 10.28
OFFENSES
Sections:
10.28.010 Dogs running at large.
10.28.020 Noise disturbances by animals.
10.28.030 Dog defecation to be removed by owner.
10.28.030 Retention of dog by other than owner.
10.28.040 Unauthorized removal of animal from pound.
10.28.050 Dogs at public schools prohibited.
10.28.060 Interference with police dogs.
10.28.010 Dogs running at large. No owner or keeper of a
dog shall allow, permit or suffer such dog, whether licensed or
unlicensed, to be or run at large in or upon any public place or
premises, or in or upon any unenclosed private place or premises,
or in or upon any enclosed private place or premises other than
those of said owner or keeper except with the consent of the
person in charge of said private place or premises, unless such
dog is securely restrained by a substantial leash not exceeding
six feet in length and is in charge and control of a person
competent to keep such dog under effective control.
10.28.020 Noise disturbances by animals. (a) No person
owning, keeping or having in his care or custody any dog or other
animal, shall knowingly permit or suffer such dog or animal, by
any barking or other noise or sound, to disturb any other
person's peace and quiet. This section shall not be construed to
prohibit the keeping of any watchdog, provided the keeper thereof
takes immediate steps to quiet such dog whenever it barks, and
provided such keeper never leaves such dog unattended on the
premises in a place where its barking, if prolonged or if
repeated an undue number of times, disturbs any other person's
peace and quiet.
(b) No person, after being informed orally or in writing
that his dog or other animal has by barking or other noise or
sound disturbed any other person's peace and quiet, shall fail,
refuse or neglect to take whatever steps or use whatever means
are necessary to assure that such dog or animal does not again
disturb such other person's peace and quiet.
10.28.025 Dog defecation to be removed by owner. (a) No
person owning, keeping or having in his or her care or custody
any dog shall knowingly fail, refuse or neglect to clean up any
feces of such dog immediately and dispose of it in a sanitary
manner whenever such dog has defecated upon public or private
property without the consent of the public or private owner or
person in lawful possession or charge of the property.
(b) The provisions of subsection (a) of this section shall
not apply to a blind person being accompanied by a guide dog, nor
shall they be construed to require or countenance any act of
trespass upon private property. Whenever the feces to be cleaned
up cannot be reached without a significant trespass upon the
private property on which the feces is located, the person having
the duty pursuant to subsection (a) to clean it up shall first
obtain consent to do so from the owner or person in lawful
possession or charge of the property.
10.28.030 Retention of doo by other than owner. No
person shall, without the knowledge or consent of the owner, hold
or retain possession of any dog of which he is not the owner, for
more than twenty-four hours without first reporting the
possession of such dog to the animal control officer, giving his
name and address and a true description of the dog and then
causing the dog to be impounded at the city animal pound for
return to the legal owner. At the discretion of the animal
control officer, any such finder of a dog may be allowed to
retain possession of the dog in lieu of impoundment. In such
case the animal control officer shall make all normal and regular
efforts to ascertain the true owner of the dog and advise him of
the whereabouts of the dog.
10.28.040 Unauthorized removal of animal from pound. No
person shall remove any impounded animal from the city animal
pound without the consent of the animal control officer.
10.28.050 Dogs at public schools prohibited. No person
shall bring any dog, except a seeing -eye dog, onto any public
school property. This section shall not, however, be deemed to
prohibit the use of dogs ,on school property for teaching or other
school uses when approved by the proper school authorities.
10.28.060 Interference withpolice doqs. No person shall
willfully or maliciously torture, torment, beat, kick, strike,
mutilate, injure, disable or kill any dog used by the police
department, or any other law enforcement officer in the
performance of the functions or duties of such department, or
interfere with or meddle with any such dog while being used by
said department or any member thereof in the performance of any
of the functions or duties of said department or of such officer
or member.
Ti_t] P 11
PEACE, MORALS AND SAFETY
Chapters:
11.02
Uniform Fire Code
11.04
Unsafe Conduct
11.08
Disorderly Conduct
11.12
Gambling
11.13
Bin o Permits
11.16
Weapons
11.20
Explosives
11.24
Parades
11.36 Wildlife Protection
11. Parks and Recreation Areas
11.2T8 School Grounds
11.52 Off -Road Use of Motor Vehicles
11.56
Curfew
11.60
Occupancy of Hotel Rooms by Minors
11.64
Trespass
11.68
Charitable Solicitations
11.72
Public Nuisances
11.76
Unclaimed Property
11.80
Abandoned Vehicles
11.84T
False Statements
Chapter 11.02
UNIFORM FIRE CODE
Sections:
11.02.010 Incorporation by reference.
11.02.010 Incorporation by reference. The following
ordinance of the city relating to adoption of a fire code hereby
is incorporated by this reference and shall continue in effect
until hereafter superseded, amended or repealed by proper
authority:
Ordinance
Number
TITLE OF ORDINANCE
Date
Passed
July 6 0 1982
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, ADOPTING THE UNIFORM FIRE
CODE, 1979 EDITION.
Chapter 11.04
UNSAFE CONDUCT
Sections:
11.04.010 Provisions not to be deemed duplicative of
state law.
11.04.020 Sleeping in vehicles --Finding of fact.
11.04.030 Sleeping in vehicles --Prohibited in public
places.
11.04.010 Provisions not to be deemed duplicative of state
law. No provision contained in this title is intended, nor
shall it be deemed or construed, to make punishable any act or
acts which are prohibited by any law of the state.
11.04.020 Sleeping in vehicles --Finding of fact. The
city council finds that a definite problem is posed by persons
sleeping in automobiles which are parked along the public streets
within the city. The residential neighborhoods disturbed by this
activity call the police to report a suspicious vehicle in the
area. In addition, persons who are parked in developed areas
become a target for criminal attack.
11.04.030 Sleeping in vehicles --Prohibited in public
places. No person shall sleep in any automobile or other
vehicle parked on any sidewalk, street, alley, or other public
place, including any approved private street or right-of-way,
within the corporate limits of the city.
Chapter 11.08
DISORDERLY CONDUCT
Sections:
11.08.005 Public drinking and liquor possession.
11.08.040 Noise.
11.08.080 Trespass.
11.08.005 Public drinking and liquor possession. (a) No
person shall drink, use or consume any alcoholic beverage, as
defined in Section 23004 (and related sections) of the Business
and Professions Code of the State of California, upon any public
street, sidewalk, highway, road, lane or alley, or in or upon any
other publicly -owned property which is open to the use or the
business of the public at the time, but which place is not
licensed for the consumption of such beverage on the premises.
The provisions of his section shall not apply, however, to the
park and recreation areas regulated under Chapter 11.44 of this
code.
(b) No person shall, in or upon any of the places listed in
subsection (a) of this section, have in possession any alcoholic
beverage defined as in subsection (a) contained in any bottle,
can or other receptacle, which has been opened, or a seal broken,
or the contents of which have been partially removed, provided
that this subsection shall not apply when the beverage is in
possession at the time strictly for the purpose of transporting
the same, along with other items, briefly and temporarily and
directly through a place listed in subsection (a) of this
section, the starting point and destination point both being
places other than those listed in subsection (a). Further, this
subsection shall not apply to park and recreation areas regulated
under Chapter 11.44 of this code.
(c) No person shall do or commit any act prohibited in
subsections (a) or (b) of this section when such person is upon
privately -owned property rather than publicly -owned property,
which privately -owned property is open to the use or patronage of
the general public at the time, unless such person doing or
committing said act has the express or implied permission or
invitation so to do from the owner or lessee or other person in
charge of the private property or business premises involved.
(d) Subsections (a) and (b) of this section shall not apply
to consumption or possession of alcoholic beverages on city -owned
property pursuant to any permit, entitlement or other permission
issued or given by the city manager or city council in connection
with the holding of a special event on or at the place or
premises where such consumption or possession would otherwise be
prohibited, nor shall such subsections apply with respect to
public property owned and controlled by a public entity other
than the city if such other public entity has given its express
or implied permission or invitation allowing use of the premises
for purposes otherwise prohibited in subsections (a) or (b).
11.08.040 Noise. No person shall wilfully make any
unreasonably loud noise to the extent that it appreciably imposes
upon the privacy and rights of others.
11.08.080 Trespass. No person shall commit a trespass on
residential property or on public property. "Trespass" for the
purpose of this section meansi
(1) Entering upon, or refusing to leave, any residential
property of another, either where such property has been posted
with NO TRESPASSING signs, or where immediately prior to such
entry, or subsequent thereto, notice is given by the owner or
occupant, orally or in writing, that such entry, or continued
presence, is prohibited;
(2) Entering upon, or refusing to leave, any public
property in violation of regulations promulgated by the official
charged with the security, care or maintenance of the property
and approved by the governing body of the public agency owning
property, where such regulations have been conspicuously posted
or where immediately prior to such entry, or subsequent thereto,
such regulations are made known by the official charged with the
security, care or maintenance of the property, his agent or a
police officer.
Chapter 11.12
GAMBLING
Sectieng:
11.12.010 Gambling house --Conducting.
11.12.020 Gambling house --Permitting.
11.12.040 Slot machines.
11.12.010 Gambling house --Conducting. It is unlawful for
any person either as principal, agent or employee, or otherwise,
to keep, conduct or maintain within the City, any house, room,
apartment, stand or place used in whole or in parts as a gambling
house or place where any game not mentioned in Chapter 10, Title
9, Part 1, of the Penal Code of the State of California, is
played, conducted, dealt or carried on with cards, dice or other
device, for money, checks, chips, credit, pennants, cigars,
candy, merchandise or other valuable thing or representative of
value.
11.12.020 Gambling house --Permitting. It is unlawful for
any person, either as principal, agent, employee, or otherwise
knowingly to permit any house, room, apartment, stand or place
owned by him or under his charge or control in the city to be
used in whole or in part as a gambling house or place for
playing, conducting, dealing or carrying on any game not mentioned
in Chapter 10, Title 9, Part 1, of the Penal Code of California,
with cards, dice or other device for money, checks, chips, credit,
pennants, cigars, candy, merchandise or other valuable thing or
representative of value.
11.12.040 Slot machines. It is unlawful for any person,
either as principal, agent or employee, to keep, maintain, rent,
use or conduct within the City any slot machine or similar device
not included within the prohibitions of Chapter 10, Title 9, Part
1, of the Penal Code of the State of California, from which
merchandise, money or tokens can be or is obtained by any person
other than the owner of the machine or device, the amount of such
money or merchandise or the number of such tokens so obtained
being variable and dependent upon the operation of such machine
or device, or of any preceding operation thereof, whether the
result of such preceding operation is indicated or otherwise.
Chapter 11.13
BINGO PERMITS
Sections:
11.13.010 Purpose.
11.13.020 Definitions.
11.13.030 Permits --Issued by city manager.
11.13.040 Inapplicability of Chapter 11.12.
11.13.050 Permit fees.
11.13.060 Applications for permits.
11.13.070 Investigation.
11.13.080 Permits--Issuance--Denial.
11.13.090 Permits --Conditions by state law.
11.13.100 Permits --Local standard conditions.
11.13.110 Permits --Additional special conditions.
11.13.120 Permits --Term, situs, transferability.
11.13.130 Revocation or modification of permits.
11.13.140 Procedure for revocation.
11.13.150 Appeals.
11.13.160 Permit renewal --Effect of other pending
proceedings.
11.13.170 Alternate to city manager.
11.13.180 Permit ineffective while conditions not observed.
�. 11.13.010 Purpose. The purpose of this chapter is to
provide for the issuance of permits under which certain bingo
games may be allowed which would otherwise be unlawful under
state law. This chapter is enacted pursuant to the authority of
Section 19 of Article IV of the State Constitution and Section
326.5 of the Penal Code. The provisions in this chapter shall be
construed strictly in accordance with said authority, and in the
event of any apparent conflict or inconsistency, the provisions
in this chapter shall be given only such interpretation as will
render them compatible with Penal Code Section 326.5 and other
applicable provisions of state law.
11.13.020 Definitions. For the purposes of this chapter,
certain words and phrases used in this chapter are defined as
follows:
(1) "Bingo" is defined in Penal Code Section 326.5 as
meaning a game of chance in which prizes are awarded on the basis
of designated numbers or symbols on a card which conform to
numbers or symbols selected at random.
(2) "Nonprofit organization" means an organization within
the purview of Penal Code Section 326.5, which is a mobilehome
park association, a senior citizens organization, or an
organization exempted from the payment of the bank and
corporation tax by Sections 23701a, 23701b, 23701d, 23701e,
23701f, 23701g, and 23701 1 of the Revenue and Taxation Code.
(3) "Minors" are all persons under eighteen years of age,
as specified in Civil Code Section 25.
11.13.030 Permits --Issued by city manager. Pursuant to
and in accordance with the provisions of this chapter, the city
manager may issue permits to nonprofit organizations to conduct
bingo games.
11.13.040 Inapplicability of Chapter 11.12. The
provisions of Chapter 11.12 of this code relating to prohibition
of gambling games not otherwise prohibited under state law shall
not be deemed applicable to any bingo games conducted under valid
permits issued under this chapter.
11.13.050 Permit fees. Each applicant for a permit under
this chapter or for permit renewal and each person filing any
appeal pursuant to provisions of this chapter, shall pay at the
time of filing the application or appeal a processing fee or fees
in an amount or amounts as may have been established by
resolution of the city council, to defray the expense of
investigation and processing. The permit fee is not refundable
in the event the applicant is determined not to qualify for a
license, and an appeal fee is not refundable unless expressly
otherwise ordered by the city council.
11.13.060 Applications for permits. (a) Applications
for bingo permits shall be written, signed and verified under
penalty of perjury, and shall be filed with the city manager in
such form as the city manager shall prescribe. Each application
for permit or renewal shall contain at least the following
information and showings-
(1) The name and address of applicant;
(2) The dates, hours, and location where the bingo
games will be operated;
(3) The name or names of the person or persons who will
have the management or supervision of said games;
(4) Whether food and beverages will be available;
(5) Such other reasonable information as the city
manager may require as to the identity or character of the
applicant, manager, and members of applicant who will operate
said games;
(6) A copy of the tax exempt status determination
issued by the State Franchise Tax Board to the applicant
organization showing that the applicant organization is, per
11.13.020(2) above, exempt under the appropriate section of the
California Revenue and Taxation Code, and that such exemption
still exists at the time of application submittal;
(7) Proof that the applicant organization owns or
leases the property on which the bingo games are to be held and
that such property is used by such organization as an office or
for other purposes for which the organization is organized, and
that such property was not acquired solely to accommodate bingo
games.
(b) No application for a permit renewal shall be accepted
unless, in addition to the above information, there is also
submitted therewith a full and accurate accounting record,
certified under penalty of perjury by the permittee's accountant
or a memer of the permittee's management deemed by the city
manager to be authorized and appropriate to make such
certification, setting forth in detail the income and expenses
received and disbursed in connection with the permittee's
operation, conduct, promotion, supervision and any other phase of
bingo game activities carried on under the existing or preceding
permit. Such a certified accounting record may also be required
by the city manager in cases where the application is not for a
"renewal" but is for a new permit to be issued to an applicant
organization which at any previous time held a permit issued
under this chapter.
11.13.070 Investigation. Upon receipt of an application,
the city manager shall conduct or cause to be conducted whatever
investigation is deemed necessary to assure the city manager that
activities under the permit will probably comply in all respects
with the requirements set forth in Penal Code Section 326.5 and
with local standard permit conditions, and with whatever other
conditions the city manager deems necessary or desirable to
protect the public peace, health, safety and welfare and to
assure compliance with all laws, state and local.
11.13.080 Permits--Issuance--Denial. (a) Permits as
applied for shall be issued by the city manager provided it
appears that all requirements of Penal Code Section 326.5 and of
this chapter and of the standards, rules and regulations,
(including special conditions which will be attached to the
permit), applicable pursuant to this chapter and other ordinances
and laws, have been, and will appropriately be, met fully by the
applicant.
(b) A permit shall be denied if the character, reputation
or moral integrity of the applicant organization's personnel
(management or otherwise) is determined by the city manager to be
inimical or detrimental to the safety or general welfare of the
community, or if the applicant falsifies any information in the
permit application or omits any information required therein. A
permit denial shall, however, be made only after opportunity has
been granted to the applicant for a due process hearing before
the city manager, after at least ten days' notice to said
applicant, setting forth a statement of the proposed grounds for
denial of the permit, and stating the time and place such hearing
will be held.
(c) No permit shall be issued for the conducting of any
bingo game or games by the city or any department or agency
thereof, or for such games to be conducted upon any premises
owned, held or controlled by the city.
11.13.090 Permits --Conditions by state law. All permits
issued under this chapter to allow bingo games shall be subject
to the following conditions as mandated by Penal Code Section
326.5:
(1) Bingo games are allowed only when they are for the
benefit of organizations listed in subsection 11.13.020(2) above.
(2) No person is to receive a profit, wage, or salary from
any authorized bingo game.
(3) No minors shall be allowed to participate in any bingo
game.
(4) A nonprofit organization shall conduct a bingo game
only on property owned or leased by it, and which property is
used by such organization for an office or for performance of the
purposes for which the organization is organized. Premises used
solely for purposes of conducting bingo games are not qualified
_ therefor.
(5) All bingo games shall be open to the public, not just
to the members of the nonprofit organization.
(6) A bingo game shall be operated and staffed only by
members of the nonprofit organization which organized it. Such
members shall not receive a profit, wage, or salary from any
bingo game. Only the organization authorized to conduct a bingo
game shall operate such game, or participate in the promotion,
supervision or any other phase of such game.
(7) No individual, corporation, partnership, or other legal
entity except the organization authorized to conduct a bingo game
shall hold a financial interest in the conduct of such bingo
game.
(8) All profits derived from a bingo game shall be kept in
a special fund or account and shall not be commingled with any
other fund or account.
(9) No person shall be allowed to participate in a bingo
game, unless the person is physically present at the time and
place in which the bingo game is being conducted.
(10) The total value of prizes awarded during the conduct
of any bingo games shall not exceed two hundred fifty dollars in
cash or kind, or both, for each separate game which is held.
11.13.100 Permits --Local standard conditions. All
permits issued pursuant to provisions of this chapter shall be
subject to the following additional special conditions:
(1) Bingo games shall be conducted only between the hours
of twelve noon and eleven p.m., and for not more than four hours
on any single day.
(2) Bingo games shall not be conducted, by any organization
authorized to do so, for more than five days in any calendar
month.
(3) Any peace officer or official city inspector shall have
free access to any bingo game allowed under this chapter. The
permittee shall have the bingo permit and lists of approved staff
available for inspection at all times during periods in which
bingo games are conducted.
(4) No person who is obviously intoxicated shall be allowed
to participate in a bingo game.
(5) Premises for which any bingo permit is issued shall
qualify for the public assembly numbers of the people
anticipated, under applicable provisions of zoning, fire, parking
and occupancy ordinances and other laws and regulations.
(6) Notwithstanding that bingo games are open to the
public, attendance at any bingo game shall be limited to the
occupancy capacity of the room in which such game is conducted as
determined by the fire department and building inspector of the
city in accordance with applicable laws and regulations.
(7) A permittee shall not reserve seats or space for any
persons, except as might be necessary for the reasonable
accommodation of handicapped or infirm persons on a
nondiscriminatory basis.
(8) The permittee shall display the permit in a conspicuous
place in the premises where the bingo games are conducted.
11.13.110 Permits --Additional special conditions. The
issuance of any bingo permit pursuant to this chapter shall, if
appropriate, have additional special conditions attached thereto
which are deemed by the city manager to be necessary to implement
the purposes of this chapter and of Penal Code Section 326.5, and
to assure compliance with the provisions of said chapter and
section, and to protect the public peace, health, safety and
welfare from foreseeable adverse effects which might otherwise
result from any of the activities sanctioned by the permit, and
the city manager shall have discretionary authority to prescribe
any such necessary or appropriate conditions. The permittee
(applicant) shall have the right to a due process hearing before
the city manager, if such hearing is duly requested, in order to
protest, or to propose modification of any such additional
special condition existing or proposed.
11.13.120 Permits --Terms. situs. transferability. The
term of a bingo permit shall be six months (unless a lesser term
has been applied for) and a permit may be renewed for a like
period any time within one year from its date of issuance, upon
due application therefor. Each permit issued under this chapter
shall be issued to a specified nonprofit organization to conduct
bingo games at a specific location and shall in no event be
transferable from one organization to another nor from one
location to another.
11.13.130 Revocation or modification of permits. Any
permit granted pursuant to the provisions of this chapter may,
after the permittee has been afforded the oppportunity of a due
process hearing as hereafter stated, be revoked, suspended or
modified by the city manager for any of the following grounds or
reasons!
(1) There has been a violation of or a failure to comply
with any condition attached to the permit or any provision or
regulation mentioned in this chapter or any other rule or
regulation or law specially applicable to the permitted
activities;
(2) The character or moral integrity of the permittee or
permittee's personnel is determined inimical to the public safety
or general welfare of the community;
(3) There was given any false or fictitious information in
connection with the application for and obtaining of the permit;
(4) Any one of the permittee's personnel (management or
otherwise) has committed any fraudulent, false, deceptive or
dangerous act in connection with, or while conducting, any
permitted bingo game;
(5) The permittee or any of its personnel has conducted any
bingo game in a manner contrary to the peace, health, safety or
general welfare of the public;
(6) The permittee or any of its personnel have, in
connection with activities allowed by the permit, .failed to
comply with any law or regulation in any of the following fields:
zoning, building codes, off-street parking requirements,
controls related to public assemblies, health regulations, or
local and state fire regulations;
(7) Any activities done under or occurring incidental to
the permit have interfered or tended to interfere with the normal
flow of vehicular or pedestrian traffic on any public
right-of-way;
(6) Any activities done under or occurring incidental to
the permit have unduly and unreasonably interfered with or
adversely affected any private property owner's or resident's
rights to peaceful and unmolested enjoyment of his private
premises;
(9) The permittee or any of its personnel have failed to
comply with provisions of the city's sign ordinance, or with
conditions attached to the permit relating to sign control;
(10) Any other reason exists for which the permit might
have been lawfully denied in the first instance, or that for any
reason the continued operations under the permit will be inimical
to the public safety or general welfare of the community.
11.13.140 Procedure for revocation. (a) A revocation,
suspension or modification as referred to in the preceding
section shall be made only after oppportunity has been granted to
the permittee for a due process hearing before the city manager,
after ten days' notice to said permittee, setting forth the
nature and grounds of complaint against it and stating the time
and place such hearing will be held.
( b ) Upon failure of the permittee to re'spond to the
opportunity for hearing after receiving notice of such hearing,
the permit may be suspended or revoked, or may be modified in
such particulars as are deemed necessary in the public interest,
and any such suspension, revocation or modification shall be
effective upon notice or knowledge thereof being received by any
of the permittee's local management personnel, orally or in
writing. Any such order of suspension, revocation or
modification shall also be effective as to any employee or agent
of the permittee, which employee or agent has been notified
orally or in writing of the substance of the order.
(c) Any such revocation or modification of any permit may
be in addition to any penalties otherwise provided for by law.
11.13.150 Appeals. Any person aggrieved by, dissatisfied
with, or excepting to any action, denial, order, requirement,
condition, permit, decision or determination made by the city
manager in administering the provisions of this chapter may
appeal by filing written notice specifying the grounds of appeal
and the relief sought, with the city clerk within ten days after
notice of the action from which appealed. Upon any failure to
file such written appeal within the time herein allowed, the
action of the city manager shall be final and conclusive. A
timely appeal shall be reviewed by the city manager, and unless
an adjustment of the matter is made by the city manager,
satisfactory to the appellant, the appeal shall be expeditiously
scheduled for hearing before the city council, which body at the
conclusion of its consideration may affirm, reverse or modify the
action appealed from and may take any action which might have
been legally taken in the first instance by the city manager.
11.13.160 Permit renewal --Effect of other pending
proceedings. In the event a renewal application is filed during
the pendency of a proceeding to suspend or revoke the permit,
such filing shall continue such permit in full force and effect
until the making of the final order by the city manager
terminating proceedings. Failure of the city manager to revoke,
suspend, limit, or condition the permit shall have the effect of
granting the renewal. The application for renewal shall become a
part of the pending proceeding and be subject to all evidence
which has been or is thereafter presented. No further notice to
the applicant is required and the city manager is authorized to
consider and take action upon such application in accordance with
this chapter.
11.13.170 Alternate to city manaoer. In connection with
any function vested by this chapter in the city manager, should
the city manager in a particular case be disqualified to act,
then the chief of police shall perform all functions and exercise
all authority under this chapter otherwise vested in the city
manager. Should both such officers simultaneously be so
disqualified, then the city council shall designate another city
officer to act in the particular case.
11.13.180 Permit ineffective while conditions not
observed. Any permit issued pursuant to this chapter shall,
during its term, be deemed in effect so as to validate bingo
games thereunder (which would otherwise be unlawful under state
law) only throughout periods of time during which the permittee
and its personnel are fully complying with all permit conditions
as referred to, and/or authorized in or by Sections 11.13.090,
11.13.100 and 11.13.110 of this chapter. If any such permit
conditions are being violated or not complied with, then the
state laws regarding bingo games shall be deemed fully applicable
to the permittee and its personnel managing, supervising or
conducting the bingo games, to the same extent as if no permit
has ever been issued; provided however, that members of the
public who are participating in the bingo games not as personnel
of the permittee, which members of the public have no knowledge
or reason to know, of the aforesaid violations of or
noncompliance with the permit conditions, shall be deemed to be
participating in games for which a permit is in full force and
effect, so long as a permit is conspicuously displayed upon the
premises in accordance with subsection (11) of Section 11.13.100.
Chapter 11.16
WEAPONS
Sections:
11.16.030 Shooting without permit.
11.16.040 Shooting permit--Application--Granting--Denial.
11.16.050 Shooting permit --Exemptions.
11.16.030 Shooting without permit. No person shall
discharge or cause the discharge of any pistol, gun or any
firearm or air gun or air rifle within this city without first
having obtained a written permit from the chief of police for
that purpose.
11.16.040 Shooting permit--Application--Grantinq--Denial.
Application for such permission shall be made in writing to the
chief of police who shall grant such permission only if he
determines that a substantial public interest or a compelling
private need will be served thereby, and also that the shooting,
if permitted cannot foreseeably result in any injury,
disturbance, annoyance or hazard to any person or result in any
damage to property other than that of the permittee, and further
that it will in no way unnecessarily jeopardize or seriously
menace the public peace, health or safety. In any case where the
chief of police grants a permit, he may attach whatever
conditions and terms as in his opinion are necessary or
appropriate in order to carry out the objectives stated in this
section. No permittee exercising the privilege granted by any
such permit, shall fail, refuse or neglect to strictly comply
with all conditions and terms the chief of police may have
attached thereto.
11.16.050 Shooting permit --Exemptions. Sections
11.16.030 and 11.16.040 shall not apply to any peace officer,
either federal, state, county or municipal, acting in line of
duty, or engaged in target practice at any range regularly
established for such officers, nor to the operators or patrons of
any shooting gallery, skeet club or target range holding a permit
from the city for the conduct thereof.
Sections:
11.20.010
11.20.020
11.20.030
11.20.040
11.20.050
11.20.060
11.20.070
11.20.080
11.20.090
11.20.100
11.20.110
11.20.120
11.20.130
11.20.140
11.20.150
11.20.160
11.20.170
11.20.180
11.20.190
11.20.200
11.20.210
Chapter 11.20
EXPLOSIVES
Compliance with regulations.
Certificate of fitness --Required.
Certificate --Proof of fitness.
Certificate --Duration.
Certificate --Fee.
Blasting permit --Required.
Blasting permit --Contents.
Blasting permit --Danger from blasting.
Blasting permit --Scope.
Blasting permit --Expiration.
Blasting permit --Fee.
Insurance.
Insurer.
Special endorsement.
Means of conveyance covered in policy.
Supervision by city --Deposit for cost.
Refund of unused portion of deposit.
Liability of city.
Revocation of certificate or permit.
Appeal from revocation of certificate.
Hearing of appeal.
11.20.010 Compliance with regulations. No person, firm
or corporation shall, within the city limits, blast or use any
explosive for blasting purposes without first complpying with the
requirements in this chapter.
11.20.020 Certificate of fitness --Required. The
applicant shall secure a certificate of fitness from the chief of
the fire department indicating that the person holding said
certificate is capable of handling explosives.
11.20.030 Certificate --Proof of fitness. The chief of
the fire department, as a condition precedent to the granting of
said certificate, shall require an applicant to submit evidence
establishing applicant's knowledge of, and experience in,
handling explosives.
11.20.040 Certificate --Duration. A certificate of
fitness shall be valid during the fiscal year of the city during
which it is issued unless sooner revoked by the chief of the fire
department for cause.
11.20.050 Certificate -Fee. The fee for the certificate
of fitness shall be in such amount as may be established by
resolution of the city council, to defray the expense of
investigation and processing.
11.20.060 Blasting permit --Required. The applicant shall
secure a blasting permit from the chief of the fire department.
11.20.070 Blasting permit --Contents. Said permit shall
set forth a description of the premises, the name of the person,
firm or corporation to whom said permit is issued, and the hours
between which such blasting shall be done.
11.20.080 Blasting permit --Danger from blasting. The
chief of the fire department must, before issuing such permit,
satisfy himself that the blasting will in no way unnecessarily
jeopardize or seriously menace the public peace, health or
safety.
11.20.090 Blasting permit --Scope. One permit shall cover
all blasting on one contiguous property under the same ownership.
11.20.100 Blasting permit --Expiration. A permit shall be
void unless used within ten days after issuance.
11.20.110 Blasting permit --Fee. The fee for a blasting
permit shall be in such amount as may be established by
resolution of the city council, to defray the expense of
investigation and processing.
11.20.120 Insurance. The applicant shall file with the
city clerk and the chief of the fire department, a public
liability and property damage insurance policy naming the city as
coinsured in the amount of one hundred thousand dollars for death
or injury to one person, and three hundred thousand dollars for
death or injury to more than one person on account of the
operations of the person, firm or corporation to whom the
blasting permit is issued, and a minimum of fifty thousand
dollars for property damage or destruction of property in any one
occurrence. These required amounts, however, may be increased by
the chief of the fire department whenever he determines that by
reason of the scope of the operations, or for any other reason,
the possibility of hazard would render the foregoing minimum
amounts inadequate to insure against claims which might
forseeably be presented. Each such policy of insurance shall
contain a provision or endorsement further holding the city, its
officers, agents and employees free and harmless from any death,
injuries, or damage occurring in connection with the acts done
under the blasting permit. The policy of insurance shall further
contain a provision or endorsement providing that the policy will
not be cancelled until notice in writing shall have been given to
the city, addressed in care of the city manager at the city
administrative offices and received by the city manager at least
ten days prior to the time such cancellation shall become
effective.
11.20.130 Insurer. Insurance shall be in such form as
the city attorney may deem proper, executed by an insurance
company approved by the city attorney.
11.20.140 Special endorsement. A special endorsement in
the amounts stipulated above shall be filed with the city clerk
and the chief of the fire department in conjunction with the
above insurance policy.
11.20.150 Means of conveyance covered in policy. The
prime means of conveyance for explosives shall be either covered
by said policy or proof furnished that the same limit of
liability has been assumed.
11.20.160 Supervision by city --Deposit for cost. If the
chief of the fire department believes that the nature of the
blasting job or the proximity of property owned by persons other
than the owner of the property on which the blasting is to be
performed, requires that the work be supervised by a
representative of the city, then the applicant for a blasting
permit shall deposit in advance with the city the cost of said
supervision.
11.20.170 Refund of unused portion of deposit. Any
portion of the deposit remaining after payment of the supervision
shall be returned to the applicant.
11.20.180 Liability of city. Supervision of the blasting
by the city shall not relieve the person, firm or corporation
performing the work of any liability established by this chapter
or any other applicable law, nor shall such supervision make the
chief of the fire department or any other city official or
employee liable for any injury to person or damage to property
caused by the blasting operation.
11.20.190 Revocation of certificate or permit. Whenever
any certificate of fitness or permit to blast, or to u,se
explosives for blasting purposes, is issued in accordance with
the provisions of this chapter, such certificate or permit may be
revoked at any time by the chief of the fire department when it
appears that any provision of this chapter relative to explosives
has been violated by the person, firm or corporation holding such
certificate or permit.
11.20.200 Appeal from revocation of certificate. In the
event that the holder of a certificate of fitness feels aggrieved
by reason of the revocation of his certificate, he may appeal to
the city council from the decision of the chief of the fire
department revoking his certificate; and the determination of the
council shall be final and conclusive.
11.20.210 Hearing of appeal. Upon the taking of any such
appeals to the council, unless an adjustment of the matter is
made by the city manager satisfactory to the appellant, a time
and place shall be set by the city clerk for hearing by the
council of such appeals; and at such time evidence may be heard
for and against the appeal in order that the council may
determine the merits of such appeals.
Chapter 11.24-
PARADES
Sections:
11.24. 010 Short Title.
11.24.020 Purpose.
11.24-030 Definitions.
11.24.04.0 Permit--Required--Contents.
11.24.043 Permit --Conditions may be attached.
11.24.04.6 Permit --Conditions re public costs and indemnity.
11.24.050 Permit--Application--Contents.
11.24.060 Permit--Application--Processing.
11.24-070 Permit--Issuance--Outside of congested traffic areas.
11.24.080 Permit--Issuance--Within congested traffic areas.
11.24.090 Appeals--Resubmittals--Late applications.
11.24.100 Officials to be notified.
11 .24-.110 Interference with parade.
11.24.120 Participation in parade with no permit prohibited.
11.24.010 Short Title. The short title of this chapter
shall be the "parade ordinance."
11.24.020 Purpose. Parades and public events of a similar
nature give rise to a festive atmosphere, uplift the public spirit
and act as boosters for charitable drives and philanthropic programs.
However, attendant with these public benefits are problems of
traffic and pedestrian control. Therefore, in order to facilitate
the movement of traffic, fire trucks, ambulances and other emergency
vehicles and to preserve the peace, health, safety and welfare of
the people, it is necessary to enact this chapter regulating parades.
11.24.030 Definitions. (a) CONGESTED TRAFFIC AREAS. As
used in this chapter, "congested traffic areas" includes Highway
111, Washington Street, Eisenhower Drive, Avenida Bermudas and
Avenida Obregon, since these streets at the present time are the
main arterial streets leading into and out of the city and present
the gravest traffic congestion problems.
(b) PARADE. As used in this chapter "parade" means and
includes any march, procession or assembly consisting of persons,
animals, or vehicles, or a combination thereof, upon any public
street, sidewalk, alley or other public right-of-way, which does
not comply with normal and usual traffic regulation or controls.
11 24-.04.0 Permit--Required--Contents. No person shall
conduct or manage any parade without a written permit. Such
a permit shall be issued by the city manager after report by the
chief of police. The city manager may refuse a permit for a
parade when the primary function thereof is to publicize or
advertise a person, business organization or event unless such
event serves a public purpose and the overall good of the
community. Permits shall not be issued if the parade would
require extraordinary police service or endanger public safety.
The criteria to be considered in the denial of a permit on the
_ grounds of the endangering of public safety are the route of the
parade, the total period of elapsed time for the event, the
proximity in time and area of other similar events, the nature
and purpose of the parade, the special traffic problems such an
event would engender, the ability of the police department to
control the event, the number of persons, animals or units
involved and any health, moral or safety hazards that might
threaten the community as a result of such activity.
11.24.043 Permit --Conditions may be attached. As
conditions attached to the granting, use and effectiveness of any
parade permit, the city manager may impose reasonable requirements
concerning the time and place of such parade; the area and manner
of assembling and disbanding such parade; the maximum length thereof;
the maximum and minimum speed thereof; the stops permitted, if any;
the accommodation of other traffic; the number and types of
vehicles, if any; and such other requirements as are found by the
city manager to be reasonably necessary for the protection of
persons or property and control of other traffic and to assure
that the parade will be conducted in conformance with the purposes,
objectives and requirements set forth in this chapter and in
compliance with all other applicable laws, rules and regulations,
and in a manner not unduly detrimental to the public interest.
When it is practical to do so, the city manager shall give reason-
able consideration to the formulation of permit conditions which
will enable the making of findings prerequisite to permit issu-
ance (per Section 11.24.080 and any other applicable provisions
in this chapter).
11.24.046 Permit --Conditions re public costs and
indemnity. (a) Each parade permit shall contain a condition for
prepayment of a parade fee to the city in an amount reasonably
estimated by the city manager to be sufficient to cover any
extraordinary costs and expenses to the city which will be
occasioned by the parade for (but not limited to) such necessary
public services as police department added costs of policing,
crowd control and traffic and parking control, placement and
removal of barricades and signs for parade routes and parking
control, and for cleanup of streets and sidewalks at the
conclusion of the parade.
(b) Unless specially waived by the city council, the city
manager shall require, as a condition to issuance of a parade
permit, that the organization or party staging or sponsoring the
parade file evidence of insurance (or self-insurance) coverage
for public liability and property damage which might result from
the conduct of the parade. Such coverage shall be in an amount
reasonably found by the city manager (in consultation with the
city's risk manager and city attorney) to be adequate in view of
the particular parade activity contemplated. The city manager
further shall have the discretion to require that the city be
named as an additional insured in such coverage.
11.24.050 Permit--Application--Contents. (a) Any person
or organization desiring to conduct or manage a parade within a
— congested traffic area as defined hereinabove shall make appli-
cation therefor not less than thirty days nor more than one
hundred eighty days before the date on which it is proposed to
conduct such a parade.
(b) Any person desiring to conduct or manage a parade in
any area of the city falling outside of the congested traffic
area as hereinabove defined shall make an application therefor
not less than twenty-one days or more than one hundred eighty
days before the date on which it is proposed to conduct such a
parade.
(c) The application for such permit shall include informa-
tion as to the sponsoring organization; the approximate number
of vehicles, animals or other units to be in the parade; the
nature of items of equipment or persons to be utilized to produce
music, sound or noise during the parade; the name of the marshal
or person in charge of the parade while it is being conducted;
the proposed assembly area, the route, duration, speed and
dispersal area of the parade; the proposed alternate routes or
times, if any; the nature and purpose of the parade, and any
other similar information required by the city manager at the
time the application is filed. The city manager shall not accept
the application unless all of the required information is
contained thereon, and unless such application is accompanied by
payment of any application processing fee as may have been
established by resolution of the city council.
11.24.060 Permit--Application--Processing. Upon receipt
of an application for a parade permit, the city manager shall
forthwith refer the same to the chief of police who shall
investigate the facts, plan and program as set forth in the
application. Within fourteen days after receiving said
application, the chief of police shall make a recommendation
to the city manager relative to issuing or denying the parade
permit. The city manager shall, upon receipt of such
recommendation from the chief of police, act thereon as soon as
reasonably practicable.
11.24.070 Permit--Issuance--Outside of congested traffic
areas. If the city manager finds that the parade is to be
conducted wholly outside of the congested traffic areas, he shall
issue the permit unless there is substantial reason for the
prohibition of the parade on grounds set forth in this chapter.
11.24.080 Permit--Issuance--Within con-ested traffic areas.
The city manager shall issue the permit upon the following
findings:
(1) The parade will not unduly interrupt the safety and
orderly movement of other traffic along and across its route for
an unreasonable period of time.
(2) The conduct of the parade is not reasonably antici-
pated to require the diversion of so great a number of police
officers of the city as would be needed to police the line of
movement in the area contiguous thereto, that the result would
be to deny and prevent adequate police protection to the remainder
of the city;
Chapter 11.36
WILDLIFE PROTECTION
Sections:
11.36.010 Wildlife protected.
11.36.010 Wildlife protected. No person shall kill,
capture or molest any species of wildlife or damage the nest or
eggs of any wildlife within the city, except any poisonous
reptile or insect; provided, however, that if it shall be
determined by the city manager, or his authorized representative,
that wildlife has become a menace to any person's health, safety
or property, the city manager shall issue a permit authorizing
such person to kill or capture such wildlife. In no event shall
any person use or employ poison or diseased material to kill or
capture wildlife.
(3) The conduct of the parade would not unduly interfere
with ambulance or fire department service;
(4) The conduct of such parade is not unreasonably likely
to cause injury to any person or property;
(5) The parade can be moved from its point of origin to its
point of termination expeditiously;
(6) The parade will serve a recognizable public purpose, at
least as to a substantial segment of the citizenry;
(7) Where the parade is to traverse a stretch of the State
Highway, when no objection thereto is filed by the State Division
of Highways.
11.24.090 Appeals--Resubmittals--Late applications. (a) Any
person aggrieved by any decision of the city manager with respect
to denial or issuance of any permit, conditions attached thereto, or
any other administrative action taken pursuant to the terms of this
chapter, may appeal to the city council by filing a written notice
of appeal with the city clerk specifying the grounds of appeal.
Unless an adjustment of the matter is then made by the city manager
satisfactory to the appellant, the city clerk shall thereupon fix
an early time and place of hearing on such appeal. Notice thereof
shall be given the appellant and other persons who, in the city
clerk's opinion, appear to be interested persons of record, of the
time and place of hearing, by serving such notice personally or by
depositing it in the United States mail addressed to all such
persons at their last known addresses, respectively. The city
council shall, after hearing, have authority to determine all
questions raised on such appeal and to take any action consistent
with the terms of this chapter or which could legally have been
taken by the city manager in the matter.
(b) If a permit for a parade is denied on the basis, in
whole or in part, of the date, hour or route of travel, the
applicant may submit a new request proposing alternate dates,
hours or routes of travel.
(c) The council may also directly consider any application
for permit to conduct a parade which is not filed within the time
limits prescribed herein if placed upon the council agenda by a
councilmember. In such case, the criteria set forth herein shall
apply.
11.24.100 Officials to be notified. Immediately upon the
granting of a parade permit, the city manager shall send a copy
thereof to the chief of police, chief of the fire department, and
to any other person having particular interest in the parade.
11.24.110 Interference with parade. No person shall,
without the consent of the permittee, join or participate in a
parade, nor in any manner interfere with its orderly conduct.
11.24.120 Participation in parade with no permit prohibited.
No person shall participate as a member of a group conducting a
parade for which no permit has been issued pursuant to this chapter,
when such person has knowledge of the lack of such permit, or after
he has been personally notified to this effect.
Chapter 11.44
PARKS AND RECREATION AREAS
Sections:
11.44.010 Application of chapter.
11.44.020 Enforcement powers of peace officers and city
personnel.
11.44.030 Public may be excluded.
11.44.040 Permits for gatherings and meetings.
11.44.050 Rules and regulations; promulgation by city
manager.
11.44.060 Prohibited conduct generally.
11.44.070 Use of pedestrian and equestrian ways.
11.44.080 Obstructing pathways.
11.44.090 Children visiting parks with lakes.
11.44.010 Application of chapter. (a) The provisions of
this chapter shall apply to and be in full force and effect at
all park and recreation areas which are now or which may
hereafter be under the jurisdiction and control of the city,
including all grounds, roadways, avenues, parks, buildings,
school facilities when they are in use as recreational
facilities, and areas, under the control, management or direction
of the city manager. The provisions of this chapter shall govern
the use of all such parks and recreation areas and the observance
of such provisions shall be a condition under which the public
may use such parks and recreation areas. Certain provisions of
this chapter shall further be applicable outside such parks and
recreation areas where the context indicates an intention that
they be so applied.
(b) The provisions of this chapter shall not apply to any
public officer, employee or peace officer who is acting in the
course of and within the scope of the public business, nor to any
other person conducting public business or related activities
for, on behalf of, and pursuant to lawful authority of, an
appropriate public entity.
11.44.020 Enforcement powers of peace officers and city
personnel. a Power and authority is hereby given to the city
manager, the city manager's authorized representatives, and to
any of the attendants employed in such parks or recreation areas,
in their discretion, to eject and expel from such parks or
recreation areas or buildings thereon, any person who shall
violate any of the provisions of this chapter or any other law,
ordinance or rule that may be in effect now or may hereafter be
passed or adopted for the regulation and government of such parks
or recreation areas, or of public places in general. In addition
to his ordinary powers of arrest or citation, any peace officer
enforcing any such law or regulation shall be authorized, in lieu
of arresting or citing any violator, in his discretion to so
eject and expel such violator.
(b) No person being ejected or expelled pursuant to the
authority of subsection (a) shall refuse to leave as ordered, nor
shall any person who has been so ejected or expelled, return,
during the calendar day in which he was ejected, to the same
park, recreation area or building, unless specifically permitted
to do so by the person who ejected him or by the city manager or
an authorized representative thereof.
11.44.030 Public may be excluded. (a) In an emergency
or when the city manager, chief of police (or an appropriately
designated representative of any such official) shall determine
that the public safety, or public health, or public morals, or
public interest demands such action, any park, square, avenue,
grounds or recreation center or any part or portion thereof, may
be closed against the public and all persons may be excluded
therefrom until such emergency or other reason upon which such
determination of the city manager or chief of police is based has
ceased, and upon the cessation thereof the park, square, avenue,
grounds or recreation center or part or portion thereof so closed
shall again be reopened to the public by order of proper
authority.
(b) No person having knowledge of or having been advised of
any closure order issued pursuant to subsection (a) of this
section, shall refuse or fail immediately to remove himself from
the area or place so closed, and no such person shall enter or
remain within any such area or place known by him to be so
closed, until such area or place has been reopened to the public
by order of proper authority.
11.44.040 Permits for gatherings and meetings. (a) No
person shall hold, conduct, participate in, attend or address any
meeting, organized gathering or assemblage, group picnic,
celebration, parade, service or exercise, of fifty or more
persons, in any park or recreation area without a written permit
granted by the city manager as provided herein.
(b) The city manager (acting personally or by his delegated
designee) hereby is empowered to grant permits authorizing any
person, society, association or organization to hold or conduct a
meeting, organized gathering or assemblage, group picnic,
celebration, parade, service or exercise for the observance of or
commemoration of any public celebration, event, or demonstration
of a patriotic, municipal or memorial character, or for social,
educational, training, entertainment or recreational purposes.
(c) An application for a permit shall be granted if the
issuing authority determines:
(1) That the requested activity is consistent and
compatible with proper and appropriate park and recreation area
uses at the location applied for;
(2) That the requested activity is reasonable and will
not interfere with general use of the park or recreation area by
other individual or group members of the public;
(3) That the requested activity will in all respects
comply with the provisions of this code and of any other
ordinance, law, rule or regulation in effect at the time and
place the activity is to be conducted;
(4) That the requested activity is not reasonably
anticipated to incite violence, crime or disorderly conduct;
(5) That the requested activity will not entail
unusual, extraordinary or burdensome expense or police operation
by the city; and
(6) That no other reason exists why the granting of the
permit would be detrimental to the public interest.
(d) Except in cases where a fee is paid adequate in amount
to fully reimburse the public accounts for all involved costs and
expenses including allowance for overhead and capital investment,
permits shall not be granted for the purpose of conducting
services of any religious denomination or sect, or for the
purpose of discussing, expounding, advocating or opposing the
principles or creed of any religious denomination or sect. In
all other respects, however, applications for such permits shall
be considered and processed on an equal basis, subject to the
same advantages, qualifications and limitations as other
applications by or for other nonreligious organizations, groups
or gatherings.
(e) In the event it is proposed that an admission fee be
charged for attendance at the requested activity, or that
contributions will be solicited or a collection taken up at such
requested activity, the application for a permit shall expressly
state such proposal. No person shall charge any such admission
fee or solicit contributions or take up any collection at or for
any such activity unless a provision allowing the same to be done
is included in a permit issued hereunder.
(f) The issuing authority may attach conditions to any such
permit which are deemed necessary or appropriate to assure that
the activity will be carried on in conformance with applicable
laws, rules and regulations, in a manner consistent with proper
park and recreation area uses, and in a manner not detrimental to
the public interest. Where deemed appropriate, the issuing
authority may require suitable insurance, indemnity bond or other
guarantee to protect city property from damage, to protect the
public from unusual and undue expense, or to protect the city
from liability of any kind or character. In this connection
there may further be required a money deposit or payment to
defray unusual expenses to be incurred by the city, such as costs
of additional police services, fire protection services, cleanup
services, or other municipal services of whatever nature.
(g) Any permit granted pursuant to the provisions of this
section shall specify the time when and the place where the
activity shall be held or conducted, and shall designate the name
of the person, society, association or organization to whom such
permit is issued.
11.44.050 Rules and regulations; promulgation by city
manager. (a) The city manager shall have power and authority
to promulgate rules and regulations governing the use and
enjoyment by the public and by individual members of the public,
of any park, recreation area, recreation or community center, or
any portion thereof, or governing the use and enjoyment of any
building, structure, equipment, apparatus or appliances thereon,
or governing any portion of the foregoing. A copy of such rules
and regulations, or a synopsis thereof shall be posted in some
conspicuous place at or near the premises where such rules and
regulations are to be effective, or in lieu thereof, signs or
notices may be posted at or near said premises in order to give
public notice of said rules and regulations.
(b) No person having knowledge of or having been advised of
any rule or regulation promulgated pursuant to subsection (a) of
this section, shall disobey, violate, or fail to comply with, any
such rule or regulation.
(c) No person shall disobey, violate, or fail to comply
with, any instruction, sign or notice posted in any park,
recreation area, or community or recreation center, or in any
building or structure thereon, for the control, management, or
direction of such premises, when said instruction, sign or notice
has been posted in implementation of any rule or regulation
promulgated pursuant to subsection (a) of this section.
11.44.060 Prohibited conduct generally. Within the
limits of any public park or recreation area of the city, no
person shall:
(1) Hitch, fasten, lead, drive or let loose any animal or
fowl of any kind, provided that this shall not apply to a dog
when led by a cord or chain, not more than six feet long;
(2) Ride or drive any horse or other animal, or propel any
vehicle, cycle or automobile, except at a place especially
designated and provided for such purpose;
(3) Carry or discharge any firearm, airgun, slingshot or
other device designed or intended to discharge, or capable of
discharging any dangerous missile, provided that this subsection
shall not apply to any peace officer or other person lawfully
licensed to carry a concealed weapon or who regularly carries a
weapon in connection with private employment protecting property
or persons (e.g., private patrol services and bodyguards);
(4) Carry or discharge any firecracker, rocket, torpedo or
any other fireworks, provided that this subsection shall not be
deemed to prohibit the possession or use of safe and sane
fireworks not otherwise prohibited by law, at places designated
or provided for such purpose;
(5) Cut, break, injure, deface, or disturb any tree, shrub,
plant, rock, building, cage, pen, monument, fence, bench or other
structure, apparatus or property; or pluck, pull up, cut, take or
remove any shrub, bush, plant or flower; or mark or write upon,
paint or deface in any manner, any building, monument, fence,
bench or other structure;
(6) Cut or remove any wood, turf, grass, soil, rock, sand,
gravel, or fertilizer;
(7) Swim, bathe, wade in, or pollute the water of any
fountain, pond, lake or stream, except at a place especially
designated and provided for such purpose;
(8) Make or kindle a fire except in a picnic stove,
brazier, fire pit, or other appropriate device provided or
approved for that purpose by the public authorities;
(9) Camp or lodge therein at any time, or otherwise remain
overnight, whether or not in a structure permanently affixed to
the ground, except at a place especially designated and provided
for such purpose;
(10) Cook, prepare, serve or eat any meal, barbecue or
picnic except at the places provided therefor;
(11) Wash dishes or empty salt water or other waste liquids
elsewhere than in facilities provided for such purposes;
(12) Leave garbage, cans, bottles, papers or other refuse
elsewhere than in receptacles provided therefor;
(13) Play or engage in model airplane flying, driving of
golf balls, archery, baseball, softball, football, soccer,
volleyball or any similar games of a hazardous nature except at
such places as shall be especially set apart for such purposes;
(14) Play or bet at or against any game which is played,
conducted, dealt or carried on with cards, dice, or other device,
for money, chips, shells, credit or any other representative of
value, or maintain or exhibit any gambling table or other
instrument of gambling or gaming;
(15) Indulge in riotous, offensive, threatening, or
indecent conduct, or abusive, threatening, profane, or indecent
language;
(16) Disturb in any unreasonable manner any picnic,
meeting, service, concert, exercise or exhibition;
(17) Distribute any commercial handbill (as defined in
Section 5.20.020) without a prior permit so to do from the city
manager, which permit shall be issued only after due processing
of an application pursuant to Chapter 5.20, and then only if the
city manager determines that it would be affirmatively in the
public interest to allow upon public property the commercial
activity involved;
(18) Post, place, erect, or leave posted, placed or
erected, any commercial or noncommercial bill, handbill,
circular, notice, paper, or advertising device or matter of any
kind, in or upon any building, structure, pole, wire, or other
architectural or natural feature of whatever character, except
upon a bulletin board or such place especially designated and
provided for such purposes, unless prior approval so to do has
been obtained from the city manager, which approval shall be
given only if the city manager determines that it would be
— affirmatively in the public interest to allow the use of public
property for such purposes, or that constitutional principles
require that the same be allowed;
(19) Sell or offer for sale any merchandise, article or
thing whatsoever, or practice, carry on, conduct, or solicit for,
any trade, occupation, business or profession, unless such
activity has been expressly allowed pursuant to specific
provisions to such effect contained in either: a permit issued
pursuant to Section 11.44.040; a permit isued pursuant to Chapter
5.36; a permit issued pursuant to Chapter 5.48; a concession
agreement or franchise or the like duly entered into or granted
by the city council;
(20) Remain, stay or loiter therein between the hours of
ten p.m. and dawn of the following day, except while attending a
gathering or meeting for which a permit has been issued or which
is being sponsored or conducted by the city. This subsection
shall not apply to persons lawfully lodging, camping or otherwise
remaining overnight at a place especially designated and provided
for such purposes;
(21) Use any restroom, washroom or dressing facility
designated for the opposite sex, except that this subsection
shall not apply to children six years of age or younger who are
accompanied by an adult or other older person;
(22) Row, sail or operate any boat, craft or other device,
on or in any pond, lake, stream or water except at such place as
is especially designated and provided for use of such boat,
craft, or device;
(23) Hunt, frighten, chase, set snare for, catch, injure or
destroy any animal or bird, or destroy, remove or disturb any of
the young or eggs of same, or injure or maltreat any domestic or
other animal;
(24) Fish with hook and line, seine, trap, spear, or net,
or by any other means, in any pond, lake, stream or water, except
at a place especially designated and provided for such purpose.
11.44.070 Use of pedestrian and equestrian ways. (a) No
person shall drive or operate any motor vehicle, motorcycle,
motor -driven cycle (as the foregoing are defined in the
California Vehicle Code) or any other motorized or self-propelled
vehicle or device upon which a person can ride, on, over or along
any public property or easement (whether or not on a public park
or recreation area) which has been designated, set aside, or is
used, as a pedestrian walkway, trail, path, lane or way, or as an
equestrian trail, path, lane or way.
(b) The public entity having ownership or control over any
such trail, path, lane way or walkway may cause the same to be
posted with an appropriate sign or signs expressly allowing the
use of vehicles or devices otherwise prohibited under the
provisions of subsection (a) of this section, and to the extent
that such signs allow variations from such prohibitions, the
provisions of subsection (a) of this section shall be
inapplicable.
(c) The provisions of subsection (a) of this section shall
not apply to any electrically -driven wheelchair carrying a
crippled or otherwise physically incapacitated person.
(d) The public entity having ownership or control over any
trail, path, lane, way or walkway mentioned in subsection (a) of
this section, may, by the posting of an appropriate sign or
signs, further restrict the use of such trail, path, lane, way or
walkway by persons riding bicycles or other nonmotorized vehicles
or devices, or by equestrians, and when any such sign is posted,
no person shall disobey any prohibition, restriction, direction
or other regulation expressed thereon.
11.44.OBO Obstructing pathways. No persons shall
assemble, collect or gather together in any walk, driveway,
passageway or pathway in any park or in other places set apart
for the travel of persons or vehicles in or through any park or
recreation area, or occupy the same so that the free passage or
use thereof by persons or vehicles passing along the same shall
be obstructed in any unreasonable manner.
11.44.090 Children visiting parks with lakes. No parent
or guardian, or any person having the custody of any child under
the age of eight years, shall cause, permit or allow such child
to enter or visit any public park or recreation area having a
lake within the boundaries of such park or recreation area unless
such child is accompanied by a person of not less than sixteen
years of age.
Chapter 11.48
SCHOOL GROUNDS
Sprit i nns
11.48.010 Misuse of school grounds.
11.48.020 Use by children.
11.48.010 Misuse of school grounds. It is unlawful for
any person to enter upon or to use the grounds of any public
school in this city for the purpose of idling, playing,
picknicking or eating thereon, without first having obtained
written permission therefor from the board of school trustees
having charge of such public school grounds, or their authorized
agent.
11.48.020 Use by children. Section 11.48.010 shall not
apply to children using the grounds under the supervision or
permission of the school authorities.
Chapter 11.52
OFF -ROAD USE OF MOTOR VEHICLES
Sections:
11.52.010 Prohibition.
11.52.020 Exempt locations.
11.52.030 Exempt vehicles.
11.52.040 Government property.
11.52.010 Prohibition. No person shall drive a motor
vehicle on lands belonging to or occupied by another without
having in his immediate possession and, upon request of a peace
officer, displaying written permission from the owner of such
lands, his agent, or the person in lawful possession thereof, but
this section shall not apply to a person having lawful business
with the owner.
11.52.020 Exempt locations. This chapter shall not apply
on public or private lands expressly set apart for the use of
motor vehicles by or with permission of the owner of such lands
pursuant to any zoning permit or other permit or licensing
procedure authorized by law. This chapter shall not apply upon
any public highway, street, road or alley.
11.52.030 Exempt vehicles. This chapter shall not apply
to the use of farm vehicles for agricultural purposes, vehicles
being used for grading or construction purposes, vehicles being
used for governmental purposes, or golf carts being used on golf
courses.
11.52.040 Government property. Nothing in this chapter
shall be deemed to interfere with the right of any government
agency to regulate, prohibit or permit the use of motor vehicles
on property owned by it or under its control and under its
jurisdiction, nor to permit or authorize any trespass or
nuisance.
Chapter 11.56
CURFEW
Sections:
11.56.010 Children out at night --Restrictions.
11.56.020 Allowing child to be out at night.
11.56.010 Children out at night --Restrictions. No person
under eighteen years of age shall remain, loiter or wander on or
about the public streets, sidewalks, alleys or public parks
within this city between the hours of ten p.m. and six a.m.
unless such minor child :
(1) ACCOWANIED BY ADULT. Is accompanied by a parent,
guardian or other adult person having the legal control or
custody of such child;
(2) AUTHORIZED ERRAND. Is in performance of an errand or
duty directed by such parent, guardian or other adult person
having the legal control or custody of such child; or
(3) EvPLDYNENT. Is engaged in an employment which makes it
necessary for such child to be on or about the public streets,
sidewalks, alleys and public parks between said hours.
11.56.020 Allowing child to be out at night. No parent,
guardian or other person having the legal care, custody or
control of a child under the age of eighteen years shall allow
such child to go or be upon or about any street, sidewalk or
public park within the city during the period between the hours
abovementioned, unaccompanied by a parent, guardian, or other
adult person having the legal custody and control of such minor
unless there exists a genuine necessity therefor.
Chapter 11.60
OCCUPANCY OF HOTEL ROCMS BY MINORS
Sections:
11.60.010 Definitions.
11.60.030 Hotel owner responsibility.
11.60.040 Duty of parent or adult.
11.60.010 Definitions. The following definitions are
applicable to this chapter:
(1) "Adult" means any competent person over eighteen years
of age.
(2) "Hotel" means any hotel or apartment house.
(3) "Minor child" means any person less than eighteen years
of age.
(4) "Occupancy" or "Occupation" includes but is not limited
to any type of rental, lease, sublease, or letting of hotel rooms
for compensation or otherwise.
(5) "Parent" means the natural or adopted parent or
relative eighteen years or more of age, or the guardian.
(6) "Room" means and includes any rental, hotel room,
apartment, or any type of hotel accommodation.
11-60.030 Hotel owner responsibility. No hotel owner,
operator or employee shall permit the occupancy of any room by
any minor child, unless such minor child is accompanied by his
parent, legal guardian or a responsible adult authorized in
writing by a parent or legal guardian of the minor child.
11.60.040 Duty of parent or adult. No adult or parent
registering with a minor child, as provided in Section 11.60.030,
shall, except in the case of sickness, death, or act of God, fail
to remain registered for a period equal to the longest period of
occupation by the minor child.
Chapter 11.64
TRESPASS
Sections:
11-64.010 Trespass by refusal to leave.
11.64.020 Trespass by prohibited entry.
11.64.030 Form of notification.
11.64.040 Exceptions.
11.64.010 Trespass by refusal to leave. No person shall
remain on any private property or business premises, after being
notified by the owner or lessee or other person in charge thereof
to remove therefrom.
11.64.020 Trespass by prohibited entry. No person,
without permission, express or implied, of the owner or lessee or
other person in charge of private property or business premises,
shall enter upon such private property or business premises after
having been notified by the owner or lessee or other person in
charge thereof to keep off or keep away therefrom.
11.64.030 Form of notification. Within the meaning of
Sections 11.64.010 and 11.64.020, notification by the owner or
lessee or other person in charge of the property or premises may
be satisfied by direct verbal communication by any such person or
by his duly delegated agent, including a peace officer or private
patrolman, or by sign conspicuously posted on the property or
premises giving notice of the prohibition of the particular form
of trepass involved.
11.64.040 Exceptions. This chapter shall not apply in
any of the following instances:
(1) Where its application results in or is coupled with an
act prohibited by the Unruh Civil Rights Act (which forbids a
business establishment generally open to the public, from
unreasonably and arbitrarily excluding any prospective customer,
and from practicing any racial or other prohibited
discrimination);
(2) Where its application results in or is coupled with an
act prohibited by any other provision of law relating to unlawful
discrimination against any person on account of color, race,
religion, creed, ancestry or national origin;
(3) Where its application results in or is coupled with an
act prohibited by Section 365 of the California Penal Code or any
other provision of law relating to duties of inkeepers and common
carriers;
(4) Where its application would result in an interference
with or inhibition of peaceful labor picketing or other lawful
labor activities;
(5) Where its application would result in an interference
with or inhibition of any other exercise of a constitutionally
protected right of freedom of speech such as (but not limited to)
peaceful expressions of political or religious opinions, not
involving conduct otherwise punishable criminally under such laws
as Penal Code Section 647c (obstruction of a street, sidewalk, or
other public area), or Penal Code Section 415 (disturbing the
peace); or
(6) Where the person who is upon another's private property
or business premises is there under claim or color of legal
right. This exception is applicable (but not limited to) the
following types of situations involving disputes wherein the
participants generally have suitable civil remedies readily
available to them: marital and post -marital disputes; child
custody or visitation disputes; disputes regarding title to or
rights in real property; landlord -tenant disputes; disputes
between members of the same family or between persons residing
upon the property concerned up until the time of the dispute;
employer -employee disputes; business -type disputes such as those
between partners; debtor -creditor disputes; and instances wherein
the person claims rights to be present pursuant to order, decree
or process of a court.
Chapter 11.68
CHARITABLE SOLICITATIONS
Sections:
11.68.010 Definitions.
11.68.020 Compliance with chapter --Notice of intention.
11.68.030 Notice of intention --Contents.
11.68.040 Powers of the clerk.
11.68.050 Standards.
11.68.060 Fraud.
11.68.070 Name.
11.68.080 Accounting system.,
11.68.090 Public property.
11.68.100 Private property.
11.68.110 Agency.
11.68.120 Verified return.
11.68.130 Provisions not applicable.
11.68.140 Solicitation.
11.68.010 Definitions. For the purposes of this chapter,
the following words are defined and shall be construed as
hereafter set forth unless it is apparent from the context that
they have a different meaning:
(1) "Charitable" includes the words "philanthropic,"
"social service," "benevolent," "patriotic," either actual or
purported;
(2) "Clerk" means the city clerk of the City of La
Qu rta.
(3) "Contribution" includes the words "money", "property"
or "donations" under the guise of a loan of money or property;
(4) "Person" shall be construed as defined in Section
1.01.170;
(5) "Solicitation" means and includes the following:
(A) Any oral or written request,
(B) The sale of, offer or attempt to sell any
advertisement, advertising space, book, card, change, coupon,
device, magazine, membership, merchandise, subscription, ticket
or other thing in connection with which any appeal is made for
any charitable purpose or the name of any charity, philanthropy
or charitable association is used or referred to in any such
appeal as an inducement or reason for making any such sale, or
when or where in connection with any such sale, any statement is
made that the whole or any part of the proceeds from any such
sale will go or be donated to any charitable purpose or
association.
A solicitation as defined herein shall be deemed completed
when made, whether or not the person making the same receives any
contribution or makes any sale referred to in this chapter.
11.68.020 Compliance with chapter - Notice of intention.
No person shall solicit, nor shall any officer or member of any
association authorize any person to solicit any contribution for
any charitable purpose until the clerk shall have supplied the
applicant with a certificate hereinafter provided for and marking
it "APPROVED" or "FOR INFORMATION PURPOSES ONLY."
11.68.030 Notice of intention --Contents. The applicant,
within the fiscal year of the city in which such solicitation is
made, and at least thirty days prior to the beginning of such
solicitation, shall have filed with the clerk, on a form, in
triplicate, furnished by said clerk to such applicant or
association upon whose behalf the solicitation is made, a written
notice of intention to solicit such contribution, which notice
shall contain complete information as follows:
(1) The purpose of the solicitation and use of the
contribution to be solicited;
(2) A specific statement, supported by reasons, and if
available, figures showing the need for the contribution proposed
to be solicited;
(3) The character of such solicitation and how it will be
made or conducted;
(4) The expenses of the solicitation including salaries and
other items if any, regardless of from what funds such expenses
are payable;
(5) What portion of the contribution collected as a result
of the solicitation will remain available for application to the
specific purposes declared in the notice of intention as the
object of the solicitation;
(6) A specific statement of all contributions collected or
received by such person or association within the calendar year
immediately preceding the filing of such notice of intention; the
expenditures or use made of such contributions together with the
name and addresses of all persons or associations receiving
salaries, wages, compensation, commissions or emoluments for such
contributions, and the respective amounts thereof;
(7) The names and addresses of the officers and directors
of any such association for which the solicitation is proposed to
be made;
(8) A copy of the resolution, if any, of any such
association authorizing such solicitation, certified to as a true
and correct copy of the original of such resolution by the
officer of such association having charge of the records thereof;
(9) A statement that the signers of such notice have read
and are familiar with the provisions of this chapter and will
require all solicitors engaged in such solicitation to read and
be familiar with all sections of this chapter prior to making any
such solicitation.
11.68.040 Powers of the clerk. The clerk shall have the
following powers:
(1) To receive the notice of intention as provided in
Section 11.68.030, investigate same and supply to the applicant a
copy of a certificate with either the word "APPROVED" or "FOR
INFORMATION PURPOSES ONLY" marked thereon;
(2) To investigate the allegations of the notice of
intention or any statement or representations; said investigation
shall be for the time prescribed in Section 11.68.030;
(3) To have access to and inspect and make copies of all
books, records and papers of any applicant by or on whose behalf
any solicitation is made;
(4) To investigate at any time the methods of making or
conducting any such solicitation;
(5) To publish results of any investigation provided for or
authorized by Section 11.68.030 and to ascertain and to publicize
any additional information obtained as shall, in the opinion of
the clerk, be of assistance to the public to determine the nature
and worthiness of the purpose for which the solicitation is made;
(6) To give such publicity to any such results by such
means as may be deemed best to reach the general public and
persons interested;
(7) To waive the whole or any part of the provisions of
this chapter for the purpose of meeting any extraordinary
emergency or calamity.
11.68.050 Standards. The clerk shall approve the
issuance of a certificate with the word "APPROVED" marked thereon
when the following facts are found to exist:
(1) That all the statements made in the application are
true;
(2) That the applicant has not been, or if the applicant is
not an individual person that none of its agents operating in the
city shall have been, convicted of a crime, either felony or
misdemeanor, involving moral turpitude;
(3) That the applicant has not engaged in any fraudulent
transaction or enterprise;
(4) That the solicitation will not be a fraud on the
public. If the notice of intention indicates the sum to remain
available for application to the specific purposes declared in
the notice of intention as the object of the solicitation is less
than sixty percent of the amounts to be collected, such showing
shall indicate and be prima facie evidence that the solicitation
will be a fraud on the public.
11.68.060 Fraud. No person shall make or perpetuate any
misstatement, deception or fraud in connection with any
solicitation of any contribution for any charitable purpose.
11.68.070 Name. No person shall use in soliciting or
give to any person whomsoever, either a fictitious name or an
alias or any other than his full, true and correct name, or make
any such solicitation without at the time giving to the person
solicited his own full, true and correct name, nor shall he
impersonate any other person in making such solicitation.
11.68.080 Accounting system. No person shall solicit any
contributions for or on behalf of any charitable association
unless such association is maintaining a system of accounting
whereby all donations to it and all disbursements made by it are
entered upon the books or records of its treasurer or other
financial officer.
11.68.090 Public property. No person shall solicit any
contribution for any purpose by means of any box or receptacle,
upon any public street, sidewalk or way, or in any public park,
or in any publicly owned or controlled place except by the
express written permission of the city manager.
11.68.100 Private property. No person shall solicit any
charitable contribution, or any contribution for any real or
purported charitable purpose, by means of any box or receptable
in any place of business open to the public or in any room,
hallway, corridor, lobby or entranceway, or other place open to
or accessible to the public, or in any place of public resort,
without first filing with the clerk a "notice of intention" as
required by Section 11.68.030, and every person so soliciting
must in all other respects comply with the provisions of this
chapter.
11.68.110 Agency. No person shall solicit in the name of
or on behalf of any charitable association unless such solicitor
has: (1) Written authorization of two officers of such
association, a copy of which shall be filed with the clerk, and
which authorization and copy shall each bear a specimen signature
of the solicitor; such written authorization shall expressly
state on its face the period for which it is valid which shall
not exceed ninety days from the date issued;
(2) Such authorization with him when making solicitations
and exhibits the same on request to persons solicited, or police
officers, or agents of the clerk.
11.68.120 Verified return. Every person soliciting any
contribution for any charitable purpose must file with the clerk
within thirty days after a demand therefor a verified return
stating the contributions secured from or as a result of any such
solicitation, and showing exactly for what uses and in what
manner all such contributions were or are to be disbursed or
distributed. Every such return shall be sworn to by the persons
or associations filing or obligated to file the notice of
intention, and such return, if made by any such association,
shall be signed by at least two officers thereof; provided that
when any such solicitation is made by any such association, such
return need be filed only by such association and not by an
individual solicitor engaged in any such solicitation.
11.68.130 Provisions not applicable. The provisions of
this chapter, except Sections 11.68.010 and 11.68.060, shall not
be applicable to any solicitation made upon premises owned or
occupied by the association upon whose behalf such solicitation
is made, nor to any solicitation for the relief of any individual
specified by name at the time of the solicitation where the
solicitor represents in each case that the entire amount
collected, without any deduction whatever, shall be turned over
to the named beneficiary, nor shall they be applicable to any
association soliciting contributions solely from persons who are
members thereof at the time of such solicitation, nor shall they
be applicable to solicitations made solely for evangelical,
missionary or religious purposes; however, that in any case where
it comes to the attention of the clerk that any solicitation has
been or is being intended to be made for evangelical, missionary
or religious purposes but in such manner as in the opinion of the
clerk is calculated to give or may give the impression to the
person or persons solicited in any such solicitation or to the
public that the purpose of such solicitation is either in whole
or in part charitable, then the clerk, if in his opinion the
public interest will be subserved thereby, shall investigate the
matter of such solicitation and give publicity to his findings
thereon in such manner as he may deem best to advise the public
of the facts of the case.
11.68.140 Solicitation. No person shall park or stand
any vehicle on State Highway 111, within the city limits for the
purpose of soliciting funds for any charitable institution, or
otherwise.
Chapter 11.72
PUBLIC NUISANCES
Sections:
11.72.010 Definitions.
11.72.020 Fire hazard.
11.72.030 Refuse and waste --Nuisance.
11.72.040 Refuse and waste --Definition.
11.72.050 Polluted water --Nuisance.
11.72.060 Polluted water --Defined.
11.72.070 Public burning.
11.72.080 Zoning ordinance violations.
11.72.090 Building code violations.
11.72.100 Uniform housing code violations.
11.72.110 Sign ordinance violations.
11.72.120 Uniform fire code violations.
11.72.150 Excessive plant growth.
11.72.160 Deteriorating and defective structures.
11.72.170 Property maintenance.
11.72.180 City manager authority.
11.72.185 Assessment of administrative costs.
11.72.190 Notice --Required.
11.72.200 Notice --Form and contents.
11.72.210 Notice --Service.
11.72.220 Appeal and hearing.
11.72.230 Owner to abate.
11.72.240 City to abate and report.
11.72.250 Hearing on assessment.
11.72.260 Resolution assessing lien.
11.72.270 Recording.
11.72.280 Payment.
11.72.290 Assessment and collection.
11.72.300 Penalty.
11.72.010 Definitions. As used in this chapter, the
materials and conditions in Sections 11.72.020 through 11.72.170
are defined as public nuisances.
11.72.020 Fire hazard. All dry, dead shrubs, dead trees,
combustible refuse and waste, or any material growing upon the
streets, sidewalks or upon private property within the city,
which by reason of their size, manner of growth and location
constitute a fire hazard to any building, improvements, crops or
other property, or when dry, will in reasonable probability
constitute such a fire hazard, are a public nuisance.
11.72.030 Refuse and waste --Nuisance. Refuse and waste
matter as defined in Section 11.72.040, which by reason of its
location and characater is unsightly and interferes with the
reasonable enjoyment of property by neighbors, detrimentally
affects property values in the surrounding neighborhood or
community, or which would materially hamper or interfere with the
prevention or suppression of fire upon the premises is a public
nuisance.
11.72.040 Refuse and waste --Definition. "Refuse and
waste" matter is defined for the purpose of this chapter as
unused or discarded matter and material having no substantial
market value, and which consists of such matter and material as:
rubbish, refuse, debris and matter of any kind including but not
limited to rubble, asphalt, concrete, plaster, tile, rocks,
bricks, soil, building materials, crates, cartons, containers,
boxes, machinery or parts thereof, scrap metal and other pieces
of metal, ferrous on nonferrous, furniture or parts thereof,
inoperative vehicles, vehicle bodies and/or parts thereof,
trimmings from plants or trees, cans, bottles and barrels.
11.72.050 Polluted water --Nuisance. Any swimming pool,
pond, or other body of water which is abandoned, unattended,
unfiltered, or not otherwise maintained, resulting in the water
becoming polluted, constitutes a public nuisance.
11.72.060 Polluted water --Defined. Polluted water
constitutes a public nuisance and is defined for the purpose of
this chapter, as water contained in a swimming pool, pond, or
other body of water, which includes but is not limited to such
things as bacterial growth, algae, remains of insects, remains of
deceased animals, reptiles, rubbish, refuse, debris, papers, and
any other foreign matter or material, which because of its nature
or location constitutes an unhealthy, unsafe or unsightly
condition.
11.72.070 Public burning. The intentional outdoor
burning of any material, structure, matter or thing is a public
nuisance unless conducted by the fire department.
11.72.080 Zoning ordinance violations. Any violation of
the zoning regulations of the city is a public nuisance.
11.72.090 Building code violations. Any violation of the
La Quinta City Building Code (as referred to in Sec. 8.04.020) is
a public nuisance.
11.72.100 Uniform housing code violations. Any
violation, of the Uniform Housing Code as amended is a public
nuisance.
11.72.110 Sign ordinance violations. Any sign in
violation of the sign regulations of the city is a public
nuisance.
11.72.120 Uniform fire code violations. Any violation of
the Uniform Fire Code, as amended, is a public nuisance.
11.72.150 Excessive plant growth. Any trees, shrubbery
or plants permitted to grow out into or over the streets and
sidewalks where pedestrian or vehicular traffic is impaired, or
when vehicle operators cannot clearly observe safety signs and
lights, constitutes a safety hazard, and are a public nuisance.
11.72.160 Deteriorating and defective structures. Any
structure within the city in a state of substantial
deterioration, such as peeling paint on a facade, broken windows,
roofs in disrepair, damaged porches or broken steps or other such
deterioration or disrepair not otherwise constituting a violation
and which is viewable from a public right-of-way or viewable from
the sites of neighboring properties, is a public nuisance. A
state of substantial deterioration means that degree of
deterioration which would tend to depreciate the aesthetic and
property values of surrounding property.
11.72.170 Property maintenance. The substantial lack of
maintenance of grounds within the city on which structures exist
where said grounds are viewable by the public from a public
right-of-way or viewable from the sites of neighboring
properties, is a public nuisance. The substantial lack of
maintenance shall mean allowing trees, shrubs, plants, vegetation
or debris to exist on the grounds in a state and to the extent
that such a condition would tend to depreciate the aesthetic and
property values of surrounding property.
11.72.180 City manager authority. Any employee or agent
of the city who is authorized by the city manager shall have the
right to enter upon private property to determine whether a
public nuisance exists.
11.72.185 Assessment of administrative costs. The city
council shall, from time to time, determine and fix an amount to
be assessed as an administrative cost, exclusive of the actual
costs of removal or abatement of the nuisance, which
administrative costs may be determined and established for each
stage of the proceedings, and which administrative costs will be
and become a part of the cost of abating the nuisance.
11.72.190 Notice --Required. Upon determination that a
public nuisance exists, as defined by any provision of this code,
on any lot or premises, or upon any sidewalk, parking or street
adjacent to such lot or premises, the authorized employee of the
city shall cause a notice to be issued to the proper person or
persons to abate such nuisance.
11.72.200 Notice --Form and contents. Such notice shall
be headed: "NOTICE OF PUBLIC NUISANCE" in letters not less than
one inch in height and which shall, in legible characters, direct
the abatement of the nuisance referring to this chapter for
particulars. Notices served by means other than posting as
required by this chapter shall contain a description of the
property in general terms reasonably sufficient to identify the
location of the nuisance.
11.72.210 Notice --Service. The notice required by
Section 11.72.200 may be served in any of the following methods:
(1) By personal service on the owner, occupant or person in
charge or control of the property;
(2) By posting at a conspicuous place on the land or
premises or abutting public right-of-way;
(3) By sending a copy of such notice by certified mail
addressed to the owner or person in charge or control of the
property, at the address shown on the last available assessment
roll, or as otherwise known.
11.72.220 Appeal and hearing. Within ten days from the
date of posting, mailing or personal service of the required
notice, the owner or person occupying or controlling such lot or
premises affected may appeal to the city council. Such appeal
shall be in writing and shall be filed with the city clerk. At
the regular meeting of the city council not more than thirty days
thereafter, it shall proceed to hear and pass upon the appeal.
The decision of the city council thereupon shall be final and
conclusive.
11.72.230 Owner to abate. Any nuisance found by the city
council to be such under any provision of this code shall be
abated by the owner, his agent or occupier of the premises
forthwith, or as soon thereafter as practicable after the order
to abate becomes final, but in no case more than ten days after
said final order.
11.72.240 City to abate and report. If the owner fails
or neglects to remove or otherwise take action to abate the
nuisance as defined, within the time specified in Section
11.72.230, or fails to file a timely appeal as per Section
11.72.220, the city manager, through the city employees
authorized by him, may cause such nuisance to be abated. The
abatement work may be done by city crews or by private
contractor. A report of the proceedings and an accurate account
of the cost of abating the nuisance on each separate property
shall thereafter be filed with the city council.
11.72.250 Hearing on assessment. The city clerk shall
thereupon set the report and account for hearing by the city
council at the first regular meeting which will be held at least
seven calendar days after the date of filing, and shall post a
copy of said report and account and notice of the time and place
of hearing in a conspicuous place in or near the entrance of the
city administrative offices. The owner who is affected by such
report and account, or the person occupying or controlling such
lot or premises, shall be sent a notice advising him of the date,
time and place of the hearing and said notice shall be served as
provided for in Section 11.72.210.
11.72.260 Resolution assessing lien. The city council
shall consider the report and account at the time set for
hearing, together with any objections or protests by any
interested parties. Any owner of land or person interested
therein may present a written or oral protest or objection to the
report and account. At the conclusion of the hearing the city
council shall either approve the report and account as submitted
or as modified or corrected. The amounts so approved shall be
liens upon the respective lots or premises. The city council
shall adopt a resolution assessing said amounts as liens upon the
respective parcels of land as they are shown upon the last
available assessment roll.
11.72.270 Recording. The city clerk shall prepare and
file with the county auditor -a certified copy of the said
resolution of the city council mentioned in Section 11.72.260.
11.72.280 Payment. The finance department of the city
may accept payment of any amount due at any time prior to the
city council hearing, as called for in Section 11.72.250.
11.72.290 Assessment and collection. The provisions of
Sections 38773.5 and 39580 to 39585, inclusive, of the Government
Code, as they exist and as they may be subsequently amended, are
incorporated by reference and made a part of this chapter. The
county auditor shall enter each assessment in the county tax roll
opposite the parcel of land. The amount of the assessment shall
be collected at the time and in the manner of ordinary property
taxes; and if delinquent the amount is subject to the same
penalties and procedures of foreclosure and sale as is provided
for ordinary property taxes.
11.72.300 Penalty. The owner, occupant, or agent of any
lot or premises within the city who permits or allows the
existence of a public nuisance as defined in this chapter, upon
any lot or premises owned, occupied or controlled by him, or who
violates any of the provisions of this chapter, is guilty of a
misdemeanor.
Chapter 11.76
UNCLAIMED PROPERTY
Sections:
11.76.010 Definitions.
11.76.020 Custody.
11.76.030 Registration.
11.76.040 Storage.
11.76.050 Restoration to owner --Court evidence.
11.76.060 Publication of notice of intention to sell.
11.76.070 Time of publication.
11.76.080 Sale --Disposition of proceeds.
11.76.090 Holding of proceeds.
11.76.100 Accounting by police chief.
11.76.110 Payment into general fund.
11.76.010 Definitions. In this chapter:
1 "Chief of police" means the chief of police or his
agent, duly authorized by him;
(2) "Unclaimed property" means money, chattels or property
of all kinds and descriptions, excepting animals, which property
is lost, stolen, abandoned or otherwise unclaimed.
11.76.020 Custody. The chief of police shall be the
custodian of all unclaimed property which may now be in his
possession or his control, or which may hereafter come into the
possession or control of the chief of police or any police
officer of the city.
11.76.030 Registration. The chief of police and every
police officer of the city, upon taking or receiving into his
custody, in the discharge of his duty, unclaimed property, shall
forthwith deliver such unclaimed property to the chief of police,
who shall register all such property delivered to or received by
him in a book kept for that purpose, stating the name of the
person from whom, and by whom, such property shall have been
taken, the name of all claimants to the property, the time of
seizure and the final disposition of the said property.
11.76.040 Storage. All unclaimed property in the
possession of the chief of police, except property subject to
confiscation under the laws of this state or the laws of the
United States of America, shall be stored in a safe place by the
chief of police.
11.76.050 Restoration to owner --Court evidence. The
chief of police shall restore unclaimed property in his
possession to its legal owner, upon proof of such ownership
satisfactory to the chief of police and upon the payment of all
reasonably necessary costs incurred in the care and protection
thereof, unless such property is held by the chief of police as
evidence in a pending civil or criminal case, in which event
it shall be disposed of only upon order of the proper court, or
otherwise in accordance with state law.
11.76.060 Publication of notice of intention to sell. At
any time after holding the unclaimed property for at least six
months, the chief of police shall publish once in a newspaper of
general circulation within the county a notice of his intention
to sell all such unclaimed property at public auction to the
highest bidder at the time and place therein specified together
with a brief description of the unclaimed property to be sold.
11.76.070 Time of publication. Said notice shall be
published at least five days prior to the date of the sale.
11.76.080 Sale --Disposition of proceeds. After having
duly published the advertisement provided for by Sections
11.76.060 and 11.76.070, the chief of police shall, at the time
and place designated in the advertisement, proceed to sell at
public auction, to the highest bidder for cash, lawful money of
the United States of America, the property described in said
advertisement, and, after having paid the just and reasonable
expenses for storage, advertising and sale, from the proceeds of
said sale, shall turn the remainder of the proceeds over to the
city treasurer who shall retain said proceeds in an appropriate
trust fund.
11.76.090 Holding of proceeds. The city treasurer shall
retain said proceeds for a period of one year from the date of
the sale, subject to any lawful claim which may be made by the
owner of any of the unclaimed property sold.
11.76.100 Accounting by police chief. The chief of
police shall give a full accounting as to the proceeds -of the
said sale and the disposition thereof to the city manager within
thirty days following the sale.
11.76.110 Payment into general fund. The city treasurer
shall, at the expiration of one year from the date of each and
every sale hereunder made, pay into the general fund all moneys
remaining in his hands on account of such sale or sales.
Chapter 11.80
ABANDONED VEHICLES
Sections:
11.80.010 Abatement and removal as a public nuisance.
11.80.020 Effect of chapter.
11.80.030 Definitions.
11.80.040 Exceptions.
11.80.050 Administration --Vehicle identification --
Declaration of nuisance.
11.80.060 Hearing procedure.
11.80.070 Notice of hearing to highway patrol.
11.80.080 Administration board --Membership.
11.80.090 Administration board --Powers and duties.
11.80.100 Findings and determination by board.
11.80.110 Determining costs.
11.80.120 Administrative costs.
11.80.130 Appeal to city council.
11.80.140 Decision by council.
11.80.150 Removal of vehicle --Contract.
11.80.160 Removal of vehicle --Disposal.
11.80.170 Notice to department of motor vehicles.
11.80.180 Abatement costs as a lien.
11.80.190 Violation.
11.80.200 Refusal to comply.
11.80.010 Abatement and removal as a public nuisance.
In addition to and in accordance with the determination made and
the authority granted by the state under Section 22660 of the
Vehicle Code to remove abandoned, wrecked, dismantled, or
inoperative vehicles or parts thereof as public nuisances, the
city council makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked,
dismantled or inoperative vehicles or parts thereof on private or
public property, not including highways, is found to create
conditions tending to reduce the value of private property, to
promote blight and deterioration, to invite plundering, to create
fire hazards, to constitute an attractive nuisance creating a
hazard to the health and safety of minors, to create a harborage
for rodents and insects and to be injurious to the health, safety
and general welfare. Therefore, the presence of an abandoned,
wrecked, dismantled, or inoperative vehicle, or part thereof, on
private or public property, not including highways, except as
expressly hereinafter permitted, is declared to constitute a
public nuisance which may be abated as such in accordance with
the provisions of this chapter.
11.80.020 Effect of chapter. This chapter is not the
exclusive regulation of abandoned, wrecked, dismantled, or
inoperative vehicles within the city. It shall supplement and be
in addition to the other regulatory codes, statutes, and
ordinances heretofore or hereafter enacted by the city, the
state, or any other legal entity or agency having jurisdiction.
11.80.030 Definitions. As used in this chapter, the
following definitions shall apply:
(1) HIGHWAY. The term "highway" means a way or place of
whatever nature, publicly maintained and open to the use of the
public for purposes of vehicular travel. "Highway" includes
streets;
(2) PUBLIC PROPERTY. The term "public property" does not
include "highway";
(3) VEHICLE. The term "vehicle" means a device by which
any person or property may be propelled, moved, or drawn upon a
highway, except a device moved by human power or used exclusively
upon stationary rails or tracks.
11.80.040 Exceptions. (a) This chapter shall not apply
to the following:
(1) STORED VEHICLES. A vehicle or part thereof which is
completely enclosed within a building in a lawful manner where it
is not visible from the street or other public or private
property; or
(2) LAWFULLY CONDUCTED BUSINESS. A vehicle or part thereof
which is stored or parked in a lawful manner on private property
in connection with the business of a licensed dismantler,
licensed vehicle dealer, or when such storage or parking is
necessary to the operation of a lawfully conducted business or
commercial enterprise.
(b) Nothing in this section shall authorize the maintenance
of a public or private nuisance as defined under provisions of
law other than Chapter 10 (commencing with Section 22650) of
Division 11 of the Vehicle Code and this chapter.
11.80.050 Administration --Vehicle Identification --
Declaration of nuisance. Except as otherwise provided herein,
the provisions of this chapter shall be administered and enforced
by the city manager. In the enforcement of this chapter, the
city manager or his authorized agent may enter upon private or
public property to examine a vehicle or parts thereof, or obtain
information as to the identity of a vehicle (and to remove or
cause the removal of a vehicle or part thereof) declared to be a
nuisance pursuant to this chapter.
11.80.060 Hearing procedure. A public hearing shall be
held on the question of abatement and removal of the vehicle or
part thereof as an abandoned, wrecked, dismantled, or inoperative
vehicle, and the assessment of the administrative costs and the
cost of removal of the vehicle or part thereof against the
property on which it is located. Notice of hearing shall be
mailed at least ten days before the hearing by certified mail,
with a five day return requested, to the owner of the land as
shown on the last equalized city assessment roll and to the last
registered and legal owner of record unless the vehicle is in
such condition that identification numbers are not available to
determine ownership. If any of the foregoing notices are
returned undeliverable by the United States Post Office, the
hearing shall be continued to a date not less than ten days from
the date of such return.
11.80.070 Notice of hearing to highway patrol. Notice of
hearing shall also be given to the California Highway Patrol,
identifying the vehicle or part thereof proposed for removal,
such notice to be mailed at least ten days prior to the public
hearing.
11.80.080 Administration board --Membership. All hearings
under this chapter shall be held before an administration board
consisting of the following members: the city manager, or his
authorized representative; police chief, or his authorized
representative; and one member of the planning commission.
11.80.090 Administration board --Powers and duties. The
administration board shall hear all facts and testimony it deems
pertinent. Said facts and testimony may include testimony on the
condition of the vehicle or part thereof and the circumstances
concerning its location on the said private property or public
property. The administration board shall not be limited by the
technical rules of evidence. The owner of the land on which the
vehicle is located may appear in person at the hearing or present
a written statement in time for consideration at the hearing, and
deny responsibility for the presence of the vehicle on the land,
with his reasons for such denial.
11.80.100 Findings and determination by board. The
administration board may impose such conditions and take such
other action as it deems appropriate under the circumstances to
carry out the purpose of this chapter. It may delay the time for
removal of the vehicle or part thereof if, in its opinion, the
circumstances justify it. At the conclusion of the public
hearing, the administration board may find that a vehicle or part
thereof has been abandoned, wrecked, dismantled, or is
inoperative on private or public property and order the same
removed from the property as a public nuisance and disposed of as
hereinafter provided and determine the administrative costs and
the costs of removal to be charged against the owner of the
parcel of land on which the vehicle or part thereof is located.
The order requiring removal shall include a description of the
vehicle or part thereof and the correct identification number and
license number of the vehicle, if available at the site. If an
interested party makes a written presentation to the
administration board but does not appear, he shall be notified in
writing of the decision.
11.80.110 Determining costs. The administration board,
after hearing all testimony, may determine that the cost of
removal and cost of administration be paid by the tenant, owner
of the vehicle, or the city.
11.80.120 Administrative costs. The city manager shall
from time to time determine and fix an amount to be assessed as
administrative costs (excluding the actual cost of removal of any
vehicle or part thereof) under this chapter.
11.80.130 Appeal to city council. Any interested party
may appeal the decision of the administration board by filing a
written notice of appeal with the city clerk within ten days
after the date of mailing of the decision. The clerk shall give
written notice of the time and place of the hearing to the
appellant and those persons specified in Sections 11.80.060 and
11.80.070.
11.80.140 Decision by council. Such appeal shall be
heard by the city council which may affirm, amend, or reverse the
order or take other action deemed appropriate. In conducting the
hearing, the city council shall not be limited by the technical
rules of evidence.
11.80.150 Removal of vehicle --Contract. When the city
has contracted with or granted a franchise to any person or
persons, such person or persons shall be authorized to enter
private property or public property to remove or cause the
removal of a vehicle or parts thereof declared to be a nuisance
pursuant to this chapter.
11.80.160 Removal of vehicle --Disposal. Ten days from
the date of mailing of notice of the decision, or fifteen days
after such action of the city council authorizing removal
following appeal, the vehicles or parts thereof may be disposed
of by the city manager, or his authorized agent, by removal to a
scrap yard or automobile dismantler's yard. After a vehicle has
been removed, it shall not thereafter be reconstructed or made
operable.
11.80.170 Notice to department of motor vehicles. Within
five days after the date of removal of the vehicle or part
thereof, notice shall be given to the Department of Motor
Vehicles, identifying the vehicle or part thereof removed. At
the same time, there shall be transmitted to the Department of
Motor Vehicles any evidence of registration available, including
registration certificates, certificates of title, and license
plates.
11.80.180 Abatement costs as a lien. If the
administrative costs and the cost of removal, which are charged
against the owner of a parcel of land pursuant to Section
11.80.100 are not paid within thirty days of the order, or the
final disposition of an appeal therefrom, such costs shall be
assessed against the parcel of land pursuant to Section 38773.5
of the Government Code and shall be transmitted to the tax
collector for collection. Said assessment shall have the same
priority as other property taxes.
11.80.190 Violation. It is unlawful and a misdemeanor
for any person to abandon, park, store, or leave or permit the
abandonment, parking, storing, or leaving of any licensed or
unlicensed vehicle or part thereof which is in an abandoned,
wrecked, dismantled, or inoperative condition upon any private or
public property, not including highways, within the city for a
period in excess of two days unless such vehicle or part thereof
is completely enclosed within a building in a lawful manner where
it is not plainly visible from the street or other public or
private property, or unless such vehicle is stored or parked in a
lawful manner on private property in connection with the business
of a licensed dismantler, licensed vehicle dealer, or a junkyard.
11.80.200 Refusal to comply. It is unlawful and a
misdemeanor for any person to fail or refuse to remove an
abandoned, wrecked, dismantled, or inoperative vehicle or part
thereof or refuse to abate such nuisance when ordered to do so in
accordance with the abatement provisions of this chapter or state
law where state law is applicable.
Chapter 11.84
FALSE STATEMENTS
Sections:
11.84.010 Making or filing prohibited.
11.84.010 Making or filing prohibited. No person shall
willfully make to or file with any city officer or department any
report, statement, application or information which is false or
untrue in any particular and which has a tendency to mislead any
employee, officer, board, department or other body of the city in
the performance of official duty.
Chapters:
12.04
12.08
12.12
12.16
12.Z0
12.24
12.28
12.32
12.44
12.48
12.52
12.56
12.60
12.64
12.68
Sections:
Title 12
VEHICLES AND TRAFFIC
Definitions
Administration
Enforcement --Obedience
Traffic Control Devices
Special Speed Limits
Turning Movements
Stopping, Standing and Parking
Parking
Stop Intersections
Yield Right -of -Way Signs
One -Way Streets and Alleys
Restricted Use of Certain Streets
Loading Zones
Driving Rules
Pedestrians
Chapter 12.04
DEFINITIONS
12.04.010
Vehicle Code definitions.
12.04.020
Definitions generally.
12.04.030
Alley.
12.04.040
Loading zone.
12.04.050
Park.
12.04.060
Parkway.
12.04.070
Passenger loading zone.
12.04.080
Pedestrian.
12.04.090
Police officer.
12.04.110
Stop.
12.04.120
Stop or stand.
12.04.010 Vehicle Code definitions. Whenever any words
or phrases used in this title are not defined herein but are now
or hereafter defined in the Vehicle Code of the state, such
definitions are incorporated herein and shall be deemed to apply
to such words and phrases used herein as though set forth herein
in full.
12.04.020 Definitions generally. The following words and
phrases when used in this title shall, for the purpose of this
title, have the meanings respectively ascribed to them in this
chapter.
12.04.030 Alley. "Alley" means any street less than
twenty-five feet in width between property lines.
12.04.040 Loading zone. "Loading zone" means that space
adjacent to a curb reserved for the exclusive use of vehicles
during the loading or unloading of passengers or materials.
12.04.050 Park. "Park" means to stand or leave standing
any vehicle, whether occupied or not, otherwise than temporarily
for the purpose of and while actually engaged in loading or
unloading of passengers or materials.
12.04.060 Parkway. "Parkway" means that portion of a
street other than a roadway or a sidewalk.
12.04.070 Passenger loading zone. "Passenger loading
zone" means the space adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of
passengers.
12.04.080 Pedestrian. "Pedestrian" means any person
afoot.
12.04.090 Police officer. "Police officer" means every
officer of the police department of this city, or any officer
authorized to direct traffic or make arrests for violation of
traffic regulations.
12.04.110 Stop. ''Stop" means a complete cessation of
movement.
12.04.120 Stop or stand. "Stop or stand," when
prohibited means any stopping or standing of a vehicle, whether
occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the direction of a police
officer or official traffic control device.
Chapter 12.08
ADM I N I S TRAT I ON
Sections:
12.08.060 Traffic engineer --Office established.
12.08.070 Traffic engineer --Duties.
12.08.060 Traffic engineer --Office established. The
office of the city traffic engineer is established. The city
manager shall serve as city traffic engineer or shall appoint the
person to so act, who shall exercise the powers and duties with
respect to traffic as provided in this title.
12.08.070 Traffic engineer --Duties. It shall be the
general duty of the city traffic engineer to determine the
installation and proper timing and maintenance of traffic control
devices and signals, to conduct engineering analyses of traffic
accidents, and to devise remedial measures; to conduct
engineering and traffic investigations of traffic conditions and
to cooperate with other city officials in the development of ways
and means to improve traffic conditions; and to carry out the
additional powers and duties imposed by the ordinances of this
city.
Chanter 12.12
ENFORCENENT--OBEDIENCE
Sections:
12.12.010 Police officers --Authority.
12.12.015 Authority to issue parking citations.
12.12.020 Police officers --Traffic direction.
12.12.030 Authority of fire department officers or survey
crew.
12.12.040 Obedience to police and fire department
officials.
12.12.050 Loitering --Obstructing traffic.
12.12.060 Persons riding bicycles or animals.
12.12.070 Persons other than officials shall not direct
traffic.
12.12.080 Public employees to obey traffic regulations.
12.12.090 Exemptions to certain vehicles.
12.12.100 Accident report --Required.
12.12.110 Accident report --Contents.
12.12.120 Accident report --Time limit.
12.12.010 Police officers --Authority. It shall be the
authority of the officers of the police department, and such
officers as are assigned by the chief of police, to enforce all
traffic laws of this city and all of the state vehicle laws
applicable to traffic in this city.
12.12.015 Authority to issue parking citations. Parking
citations or notices of violations, related to charging
violations of local or Vehicle Code regulations governing the
parking or standing of vehicles, may be issued by any peace
officer, by any other employee or agent of the police department
or of the city who is duly authorized by the chief of police so
to do, by any other person specifically so authorized by some
other provision of law, and by any other person specially
authorized by the chief of police in writing so to do. Whenever
the chief of police delegates such authority to persons other
than peace officers, he shall endeavor to see that each such
person is adequately instructed regarding the provisions of the
parking regulations to be enforced, and the evidentiary
prerequisites to proper prosecution for violations thereof. He
shall further provide such persons with the same forms of
citations or notices of violations as are utilized for the
purpose by officers of the police department. Any such persons
shall be appropriately instructed to deposit executed citations
or notices with the police department for filing with the court,
after review for legal sufficiency.
12.12.020 Police officers --Traffic direction. Officers
of the police department or such officers as are assigned by the
chief of police are authorized to direct all traffic by voice,
hand or other signal in conformance with traffic laws, provided
that in the event of a fire or other emergency or to expedite
traffic or to safeguard pedestrians, officers of the police
department may direct traffic as conditions may require,
notwithstanding the provisions of the traffic laws.
12.12.030 Authority of fire department officers or survey
crew. Officers of the fire department when at the scene of a
fire or when, in the course of their duties, they are protecting
personnel or equipment of the fire department, may direct or
assist the police in directing traffic. Members of the city's
survey crew, when in the course of their duties surveying the
city's streets and rights -of -way, may direct or assist the police
in directing traffic.
12.12.040 Obedience to police and fire department
officials. No person shall willfully fail or refuse to comply
with any lawful order of a police officer or fire department
official when directing traffic.
12.12.050 Loitering --Obstructing traffic. It is unlawful
for any person to stand upon any street, sidewalk or other public
way open for pedestrian travel, or otherwise occupy any portion
thereof in such a manner as to annoy or molest any pedestrian
thereon, or so as to obstruct or unreasonably interfere with the
free passage of pedestrians, motor vehicles, or other modes of
travel. No person shall sit, lie, or sleep upon any street,
sidewalk or other public way. The provisions of this section
shall not apply to persons sitting on the curb portion of any
sidewalk or street while attending or viewing any parade
permitted under the provisions of this code; nor shall the
provisions of this section apply to persons sitting upon benches
or other seating facilities provided for such purposes by
municipal authority.
12.12.060 Persons riding bicycles or animals. Every
person riding a bicycle or riding or driving an animal upon a
highway shall be granted all of the rights, and shall be subject
to all of the duties applicable to the driver of a vehicle by
this title except those provisions which by their very nature can
have no application.
12.12.070 Persons other than officials shall not direct
traffic. No person other than an officer of the police
department or a person deputized by the chief of police or person
authorized by a police officer or other city personnel expressly
authorized by this chapter, shall direct or attempt to direct
traffic by voice, hand or other signal except that persons may
operate when and as herein provided any mechanical pushbutton
signal erected by order of the city traffic engineer.
12.12.080 Public employees to obey traffic regulations.
The provisions of this title shall apply to the driver of any
vehicle owned by or used in the service of the United States
Government, this state, or any county or city, and it is unlawful
for any said driver to violate any of the provisions of this
title except as otherwise permitted in this chapter or by the
Vehicle Code.
12.12.090 Exemptions to certain vehicles. (a) The
provisions of this title regulating the operation, parking and
standing of vehicles shall not apply to any vehicle of the police
or fire departments, or other city vehicles, properly equipped to
qualify as emergency vehicles, any public ambulance or any public
utility vehicle or any private ambulance, which public utility
vehicle or private ambulance has qualified as an authorized
emergency vehicle, when any vehicle mentioned in this section is
operated.in the manner specified in the Vehicle Code in response
to any emergency ca 1 1 .
(b) The foregoing exemptions shall not, however, protect
the driver of any such vehicle from the consequences of his
willful disregard of the safety of others.
(c) The provisions of this title regulating the parking or
standing of vehicles shall not apply to any vehicle of a city
department or public utility vehicle necessarily in use for
construction or repair work, or any vehicle owned by the United
States while in use for the collection, transportation or
delivery of United States mail.
12.12.100 Accident report --Required. The driver of a
vehicle or the person in charge of any animal involved in any
accident resulting in damage to any property publicly owned or
owned by a public utility, including but not limited to any fire
hydrant,,ornamental lighting post, telephone pole, electric light
or power pole, or resulting in damage to any ornamental shade
tree, traffic control device or other property of a like nature
located in or along any street, shall within twenty-four hours
after such accident make a written report of such accident to the
police department of this city.
12.12.110 Accident report --Contents. Every such report
shall state the time when and the place where the accident took
place, the name and address of the person owning and of the
person driving or in charge of such vehicle or animal, the
license number of every such vehicle, and shall briefly describe
the property damaged in such accident.
12.12.120 Accident report --Time limit. A driver involved
in an accident shall not be subject to the requirements or
penalties of Sections 12.12.100 and 12.12.110 if and during the
time such driver is physically incapable of making a report but
in such event said driver shall make a report as required above
within twenty-four hours after regaining ability to make such a
report.
Chapter 12.16
TRAFFIC CONTROL DEVICES
Sections:
12.16.010 Installation --Authority.
12.16.020 Installation --Required when.
12.16.030 Additional devices.
12.16.040 Required for enforcement purposes.
12.16.050 Obedience required.
12.16.060 Installation of traffic signals.
12.16.070 Installation at intersections --Required where.
12.16.080 Installation at intersections --Street name sign
requirement.
12.16.090 Lane markings.
12.16.100 Distinctive roadway markings.
12.16.110 Safety zones.
12.16.120 Removal, relocation or discontinuation.
12.16.130 Hours of operation.
12.16.010 Installation --Authority. AUTHORITY TO INSTALL
TRAFFIC CONTROL DEVICES. The city traffic engineer shall have
the power and duty to place and maintain or cause to be placed
and maintained official traffic control devices when and as
required under the traffic ordinances and resolutions of this
city to make effective the provisions of said ordinances and
resolutions.
12.16.020 Installation --Required when. Whenever the
Vehicle Code requires for the effectiveness of any provision
thereof that traffic control devices be installed to give notice
to the public of the application of such law, the city traffic
engineer is authorized to install or cause to be installed the
necessary devices subject to any limitations or restrictions set
forth in the law applicable thereto.
12.16.030 Additional devices. The city traffic engineer
may also place and maintain or cause to be placed and maintained
such additional traffic control devices as he may deem necessary
to regulate traffic or to guide or warn traffic, but he shall
make such determination only upon the basis of traffic
engineering principles and traffic investigations and in
accordance with such standards, limitations and rules as may be
set forth in the traffic ordinances of this city or as may be
determined by ordinance or resolution of the legislative body of
this city or as may be proper under standards officially in
effect for the state.
12.16.040 Required for enforcement purposes. No provision
of the Vehicle Code or of this title for which signs are required
shall be enforced against an alleged violation unless appropriate
signs are in place and sufficiently legible to be seen by an
ordinarily observant person, giving notice of such provisions of
the traffic laws. Such signs shall comply with the requirements
of the Vehicle Code of the state.
12.16.050 Obedience required. The driver of a vehicle
shall obey the instructions of any official traffic control
device applicable thereto placed in accordance with the traffic
ordinances of this city unless otherwise directed by a police
officer or other city personnel authorized by the provisions of
this chapter, subject to the exceptions granted the driver of an
authorized emergency vehicle when responding to emergency calls.
12.16.060 Installation of traffic signals. The city
traffic engineer shall recommend the locations where official
traffic signals are required by resorting to field observations,
traffic counts and other traffic information that may be
pertinent, and his determinations therefrom shall be made in
accordance with generally accepted traffic engineering and safety
standards.
12.16.070 Installation at intersections --Required when.
The city traffic engineer shall, upon direction of the city
council by resolution, install and maintain official traffic
signals at those intersections and other places where traffic
conditions are such as to require that the flow of traffic be
alternately interrupted and released in order to prevent or
relieve traffic congestion or to protect life or property from
exceptional hazard.
12.16.080 Installation at intersections --Street name sign
requirement. Whenever the city traffic engineer installs and
maintains an official traffic signal at any intersection, he
shall likewise erect and maintain at such intersection street
name signs visible to the principle flow of traffic unless such
street name signs have previously been placed and are maintained
at any said intersection.
12.16.090 Lane markings. The city traffic engineer is
authorized to mark centerlines and lane lines upon the surface of
the roadway to indicate the course to be travelled by vehicles,
and may place signs temporarily designating lanes to be used by
traffic moving in a particular direction, regardless of the
centerline of the roadway, excepting state highways within the
city.
12.16.100 Distinctive roadway markings. The city traffic
engineer is authorized to place and maintain distinctive roadway
markings as described in the Vehicle Code on those streets or
parts of streets where the volume of traffic or the vertical or
other curvature of the roadway renders it hazardous to drive on
—' the left side of such marking or sign and markings. Such marking
or signs and marking shall have the same effect as similar
markings placed by the State Department of Transportation
pursuant to the provisions of the Vehicle Code.
12.16.110 Safety zones. The city traffic engineer is
authorized to establish safety zones at such places as the city
traffic engineer may deem necessary for the protection of
pedestrians.
12.16.120 Removal, relocation or discontinuation. The
city traffic engineer is authorized to remove, relocate or
discontinue the operation of any traffic control not specifically
required by state law or this title whenever he determines in any
particular case that the conditions which warranted or required
the installation no longer exist.
12.16.130 Hours of operation. The city traffic engineer
shall determine the hours and days during which any traffic
control device shall be in operation or be in effect except in
those cases where such hours or days are specified in this title.
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Chapter 12.20
SPECIAL SPEED LIMITS
Sections:
12.20.010 Change in state law speed limits.
12.20.010 Change in state law speed limits. (a) The
prima facie speed limit declared for each street designated in
this section is a speed limit which is either an increase from
the prima facie speed limit or a decrease from the maximum speed
limit otherwise applicable to such street pursuant to chapter 7
of division 11 of the Vehicle Code of the state (commencing at
section 22348 thereof). Said increase or� decrease has been
determined upon the basis of an engineering and traffic survey.
For each street upon which an increase in the prima facie speed
limit (otherwise applicable) has been declared, a determination
has been made that the increased declared prima facie speed limit
is the most appropriate to facilitate the orderly movement of
traffic and is reasonable and safe. For each street upon which a
decrease from the maximum speed limit (otherwise applicable) has
been made and a lower speed limit declared as the prima facie
speed limit, a determination has been made that the maximum speed
limit (otherwise applicable) is more than is reasonable or safe,
and that the declared prima facie speed limit is most appropriate
to facilitate the orderly movement of traffic and is reasonable
and safe.
(b) The prima facie speed limit declared for each street or
portion of a street designated hereinafter shall be effective
when appropriate signs giving notice thereof are posted:
Name of Street Portion Affected
(1) Washington
Street
(2) Eisenhower
Drive
(3) Avenida
Bermudas
Highway 111 to
Highland Palms Drive
Washington Street to
Avenida Bermudas
Calle Tampico to
Calle Tecate
Declared Prima Facie
Speed Limit
(Miles per Hour)
45
45
45
Chapter 12.24
TURNING NOVDvENTS
Sections:
12.24.010 Markers-- Placement --Multiple lanes.
12.24.020 Markers --Obedience required.
12.24.030 Restricted turn signs.
12.24.040 No -turn signs.
12.24.050 Prohibition of right turns against traffic stop
signal.
12.24.010 Markers--Placement--Multiple lanes. The city
traffic engineer is authorized to place markers, buttons, or
signs within or adjacent to intersections indicating the course
to be traveled by vehicles turning at such intersections, and the
city traffic engineer is authorized to allocate and indicate more
than one lane of traffic from which drivers of vehicles may make
right or left-hand turns, and the course to be traveled as so
indicated may conform to or be other than as prescribed by law or
ordinance.
12.24.020 Markers --Obedience required. When authorized
markers, buttons, or other indications are placed within an
intersection indicating the course to be traveled by vehicles
-7 turning thereat, no driver of a vehicle shall disobey the
directions of such indications.
12.24.030 Restricted turn signs. The city traffic
engineer is authorized to determine those intersections at which
drivers of vehicles shall not make a right, left or U turn, and
shall place proper signs at such intersections. The making of
such turns may be prohibited between certain hours of any day and
permitted at other hours, in which event the same shall be
plainly indicated on the signs or they may be removed when such
turns are permitted.
12.24.040 No -turn signs. Whenever authorized signs are
erected indicating that no right or left or U-turn is permitted,
no driver of a vehicle shall disobey the directions of any such
sign.
12.24.050 Prohibition of riaht turns aoainst traffic stoo
signal. The city traffic engineer is authorized to determine
those intersections within any business or residence district at
which drivers of vehicles shall not make a right turn against a
red or stop signal, and shall erect proper signs giving notice of
such prohibition. No driver of a vehicle shall disobey
directions of any such sign.
Chapter 12.28
STOPPING, STANDING AND PARKING
Sections:
12.28.010 Application of regulations.
12.28.020 More restrictive provisions.
12.28.030 Standing in parkways prohibited.
12.28.040 Use of streets for storage of vehicles
prohibited.
12.28.050 Parking for certain purposes prohibited.
12.28.060 Parking parallel with curb.
12.28.070 Angle parking.
12.28.080 Parking adjacent to schools.
12.28.090 Parking prohibited on narrow streets.
12.28.100 Standing of merchandise or food vehicles.
12.28.110 Emergency parking signs.
12.28.120 Display of warning devices when commercial
vehicle disabled.
12.28.130 Parking on private property without permission or
in an unauthorized manner.
12.28.140 Locking ignition required.
12.28.150 Impounding of vehicle illegally parked.
12.28.010 Application of regulations. The provisions of
this title prohibiting the stopping, standing or parking of a
vehicle shall apply at all times or at those times herein
specified, except when it is necessary to stop a vehicle to avoid
conflict with other traffic or in compliance with the directions
of a police officer or official traffic control device.
12.28.020 More restrictive provisions. The provisions of
this title imposing a time limit on standing or parking shall not
relieve any person from the duty to observe other and more
restrictive provisions of the Vehicle Code or the regulations of
this city prohibiting or limiting the standing or parking of
vehicles in specified places or at specified times.
12.28.030 Standing in parkways prohibited. No person
shall stop, stand or park a vehicle within any parkway paralleled
by curbs or any parkway designated by the city traffic engineer
as an area for no standing, stopping or parking and posted
accordingly.
12.28.040 Use of streets for storage of vehicles
prohibited. (a) No person who owns or has possession, custody
or control of any vehicle shall park such vehicle upon any street
or alley for more than a consecutive period of seventy-two hours.
(b) In the event a vehicle is parked or left standing upon
a street in excess of a consecutive period of seventy-two hours
any member of the police department authorized by the chief of
police may remove said vehicle from the street in the manner and
subject to the requirements of the Vehicle Code.
12.28.050 Parking for certain purposes prohibited. No
person shall park a vehicle upon any roadway for the principal
purpose of:
(1) Displaying such vehicle for sale as a business, or
(2) Washing, waxing, wiping, greasing, or repairing such
vehicle except repairs necessitated by an emergency.
12.28.060 Parking parallel with curb. (a) Subject to
other and more restrictive limitations, a vehicle may be stopped
or parked within eighteen inches of the left-hand curb facing in
the direction of traffic movement upon any one-way street unless
signs are in place prohibiting such stopping or standing.
(b) In the event a highway includes two or more separate
roadways and traffic is restricted to one direction upon any such
roadway, no person shall stand or park a vehicle upon the
left-hand side of such one-way roadway unless signs are in place
permitting such standing or parking.
(c) The city traffic engineer is authorized to determine
when standing or parking shall be prohibited upon the left-hand
side of any one-way street or when standing or parking may be
permitted upon the left-hand side of any one-way roadway of a
highway having two or more separate roadways and shall establish
signs or markings giving notice thereof.
(d) The requirement of parallel parking shall not apply in
the event any commercial vehicle is actually engaged in the
process of loading or unloading freight or goods, in which case
that vehicle may be backed up to the curb; provided that such
vehicle does not extend beyond the centerline of the street and
does not block traffic thereby.
12.28.070 Angle parking. (a) The city traffic engineer
shall recommend upon what streets angle parking shall be
permitted and shall mark and sign such streets when appropriately
so ordered by the city council. Such angle parking shall not be
permitted on any state highway or upon any other street or
roadway that is not of sufficient width to permit and not
interfere with the free movement of traffic.
(b) When signs or markings are in place indicating angle
parking as herein provided, no person shall park or stand a
vehicle other than at the angle to the curb or edge of the
roadway indicated by such signs or markings.
12.28.080 Parking adjacent to schools. (a) The city
traffic engineer is authorized to erect signs indicating no
parking upon any street adjacent to any school property when such
parking would, in his opinion, interfere with traffic or create a
hazardous situation.
(b) When official signs are erected indicating no parking
upon either side of a street adjacent to any school property, no
person shall park a vehicle in any such designated place.
12.28.090 Parking prohibited on narrow streets. (a) The
city traffic engineer is hereby authorized to place signs or
markings indicating no parking upon any street when the width of
the roadway does not exceed twenty feet, or upon one side of a
street as indicated by such signs or markings when the width of
the roadway does not exceed thirty feet.
(b) When official signs or markings prohibiting parking are
erected upon narrow streets as authorized herein, no person shall
park a vehicle upon any such street in violation of any such sign
or marking.
12.28.100 Standing of merchandise or food vehicles. No
person shall stop, stand or park any vehicle from which
merchandise or foodstuffs are displayed, offered for sale or
sold, upon any portion of any street within this city except in
compliance with all the following-
(1) STOPPING TO SELL --TIME LIMIT. Such vehicle shall stand
or park only at the request of a bona fide customer or purchaser
and for a period of time not exceeding ten minutes at any one
place;
(2) WEIGHT LIMIT. Such vehicles at all times shall each
have a gross weight of less than five thousand pounds;
(3) LENGTH OF VEHICLE. Such vehicles at all times shall
have an overall length not exceeding eighteen feet;
(4) DAYS, HOURS OF OPERATION. Such vehicles shall not so
operate on Sundays or holidays, nor before nine a.m. or after
five p.m. on other days;
(5) POSITION ON STREET. Such vehicles, during the time
they are stopped, standing or parked, shall be at the extreme
right of the roadway, entirely off the paved, improved and main
traveled portion of the roadway;
(6) PURPOSE OF VEHICLES. Such vehicles shall be used for
display, offering for sale, and sale of merchandise and
foodstuffs other than fresh meat, fish, poultry, fruits and
vegetables;
(7) NOISE MAKING DEVICES. Noise emanating from such
devices shall not exceed a duration of four seconds nor an
intensity of seventy decibels. Record players or other continuous
noise making devices are prohibited.
12.28.110 Emergency parking signs. (a) Whenever the
city traffic engineer, chief of police, or their designated
representatives, determine that an emergency traffic congestion
is likely to result from the holding of public or private
assemblages, gatherings or functions, or for other reasons, the
city traffic engineer, chief of police, or their designated
representatives, shall have power and authority to order
temporary signs to be erected or posted, indicating that the
operation, parking or standing of vehicles is prohibited on such
streets and alleys as the city traffic engineer, chief of police,
or their designated representatives, shall direct during the time
such temporary signs are in place. Such signs shall remain in
place only during the existence of such emergency, and the person
causing their placement shall cause such signs to be removed
promptly thereafter.
(b) When signs authorized by the provisions of this section
are in place giving notice thereof, no person shall operate, park
or stand any vehicle contrary to the directions and provisions of
such signs.
12.28.120 Display of warning devices when commercial
vehicle disabled. (a) Every motor truck having an unladen
weight of four thousand pounds or more, and every truck tractor
irrespective of weight when operated upon any street or highway
during the time specified in Section 618 of the Vehicle Code
shall be equipped with and carry at least two flares or two red
lanterns, or two warning lights or reflectors, which reflectors
shall be of a type approved by the Department of California
Highway Patrol.
(b) When any vehicle above mentioned or any trailer or
semi -trailer is disabled upon streets or highways outside of any
business or residence district within this city and upon which
street or highway there is,insufficient street lighting to reveal
a vehicle at a distance of two hundred feet during any time
mentioned in Section 618 of the Vehicle Code, a warning signal of
the characater indicated above shall be immediately placed at a
distance of approximately one hundred feet in advance of, and one
hundred feet to the rear of such disabled vehicle by the driver
thereof. The continuous flashing of at least four approved type
Class A -Type 1 turn signal lamps, at least two toward the front
and at least two toward the rear of the vehicle, shall be
considered to meet the requirements of this section until the
devices mentioned above can be placed in the required locations.
The warning signals herein mentioned shall be displayed
continuously during the time mentioned in Section 618, while such
vehicles remain disabled upon such street or highway.
12.28.130 Parking on private property without permission
or in an unauthorized manner. (a) No person shall stop, park
or leave standing any vehicle on private property or business
premises without the express or implied consent of the owner,
authorized agent of the owner, person in lawful possession of
such premises or property, or other person in charge thereof.
(b) No person shall stop, park or leave standing any
vehicle on private property or business premises at a time, or at
a place thereon, or for a period of time, or in any manner
otherwise, which is unauthorized by the owner, authorized agent
of the owner, person in lawful possession of such premises or
property, or other person in charge thereof.
(c) The following acts of stopping, parking or leaving
standing a vehicle shall be included within those which shall be
deemed in violation of subsection (a) or (b), whichever is
applicable, but other acts not mentioned may also violate either
subsection. (The use of the term "parking" in the following
examples shall be deemed also to include collectively acts of
"stopping" and "leaving standing"):
(1) Parking on any vacant lot or unimproved property
unless affirmatively so permitted by posted sign(s) or by the
authorized person in charge;
(2) Parking off-street on any improved private property
not held open to use by the general public, unless such parking
is by invitation of the occupant(s) or for bona fide business
purposes upon the property;
_ (3) Parking in any off-street parking area or lot or
facility of an apartment building, hotel or business enterprise
which is indicated by sign(s) or other marking(s) to be reserved
for use by tenants, residents or employees or others not
including the person so parking;
(4) Parking in the off-street parking area or lot or
facility of an individual parking stall or any area which is
indicated by a sign or other marking(s) to be reserved for the
exclusive use of a person or persons other than the person so
parking;
(5) Parking in a shopping center or business parking area
or facility for a purpose other than doing business with one or
more of the stores or offices at the site, or for a purpose not
related to such business operation, or remaining parked for
longer than reasonably appropriate to do such business or acts
related to such business operations;
(6) Utilizing a space or stall which is indicated by
sign(s) or other marking(s) to be reserved for use in connection
with a particular store, office or business, and parking in the
same for a purpose other than that for which it is so reserved;
(7) Parking in any stall or space which is indicated by
sign(s), blue painted curbing or other marking(s), to be
designated for the exclusive use by physically handicapped
persons, of a vehicle not displaying one of the distinguishing
license plates or placards issued pursuant to California Vehicle
- Code Section 22511.5 or Section 9105;
(8) Parking at any spot where such parking is prohibited,
as indicated by sign(s), markings, striping, lettering on
pavement, red -painted curbing, or by any other means, including
(but not limited to) areas and locations within areas reserved
for or designated as traffic lanes for movement of vehicles or
pedestrians, clear areas at or near building entrances or exits,
fire lanes, sidewalks or pedestrian or bicycle lanes, clear areas
at or near ramps or other facilities used by or intended for use
of handicapped persons, unimproved areas, dangerous areas, areas
to be utilized by larger vehicles such as trucks, buses,
emergency vehicles or other service vehicles, or areas designated
for any other business or special use;
(9) Except when necessary to avoid conflict with other
traffic or by reasons of vehicle disablement or bona fide
emergency, parking, standing or waiting at a location within a
traffic lane or otherwise, which substantially interferes with
the normal movement of vehicular or pedestrian traffic at such
location;
(10) Parking in violation of the restrictions stated on
any other sign or marking(s) not mentioned in the foregoing
subsections, which has or have been placed on private property or
business premises by the owner, authorized agent of the owner,
person in lawful possession of such premises or property, or
other person in charge thereof;
(11) Failure or refusal to remove or move a parked or
standing or stopped vehicle from private property or business
premises, in compliance with a direction to do so by the owner,
person in lawful possession of such premises or property, or
other person in charge thereof; or violation of a direction by
such person not to park, stop or stand a vehicle upon, or at a
particular location upon, such premises or property; provided,
that this section shall not apply to an act or failure or refusal
to leave private property or to noncompliance with a direction to
keep off such property, in any of those instances listed in
Section 11.64.040 of this code; or
(12) Parking on a private street in violation of a
prohibition or restriction stated on any sign or marking(s) or
notification giving notice thereof, placed or given by or
pursuant to authority of the association or person or other
entity owning or in charge of such private street.
(d) Nothing in this section affects or limits the rights or
remedies any person may have pursuant to any other provision of
law, such as Section 22658 of the California Vehicle Code, to
remove or cause removal of a vehicle parking upon private
property.
(e) It shall be the policy of the city council to encourage
the posting of signs on shopping center parking facilities
similar to the signs mentioned in Section 21107.8 of the
California Vehicle Code, to give notice to the public that the
parking regulations applicable on the private parking facility
are subject to official enforcement by citations and fines and
otherwise. This does not, however, authorize signs posted in
nonconformance with the city's sign control ordinance or other
applicable regulations; and the posting of such signs shall not
be deemed a requirement or condition precedent to enforcement of
this section.
(f) Sections 41102 et seq. of the California Vehicle Code
are referred to and incorporated in this section by this
reference and shall be applicable in connection with any
prosecution for violation of this section, in the same manner and
to the same extent as said sections are applicable to
prosecutions for parking violations occurring on the public
streets.
12.28.140 Locking ignition required. No person shall
park and leave a vehicle on a public street, alley or public
parking facility unless the ignition has been locked, provided,
however, that if the driver or passenger remains inside the
vehicle after and while it is parked, or if the vehicle is in the
custody of an attendant, the ignition need not be locked.
12.28.150 ImDoundino of vehicle illegally parked.
Whenever a vehicle is illegally parked on a street or highway in
violation of any provision of this chapter or of this code, any
regularly employed and salaried police 'officer of the city or
deputy of the sheriff's office of Riverside County, or member of
the California Highway Patrol, may cause such vehicle to be
impounded, driven or towed away and stored, so long as signs are
posted giving notice of the removal. Any reasonable costs
resulting from such impounding, towing or storage shall be
charged to the owner of the vehicle and to the driver who
committed the parking violation.
Chapter 12.32
.. Eg
Sections:
12.32.010 Parking prohibited or time limited on certain
streets.
12.32.020 Parking space markings --Installation.
12.32.030 Parking space markings --Parking within required.
12.32.040 Stricter parking regulations within council
established limited parking zone.
12.32.050 Parking and driving on city property.
12.32.060 Enforcement of parking and driving regulations
applicable on city property.
12.32.070 Parking and driving regulations applicable on
property of schools and other public agencies.
12.32.080 No parking areas.
12.32.090 Installation, design and spacing of signs.
12.32.100 Curb markings to indicate no stopping and parking
regulations.
12.32.010 Parking prohibited or time limited on certain
streets. When authorized signs are in place giving notice
therof, specifying certain parking prohibitions or time limits,
said prohibitions or time limits to be established by the city
council by resolution, or by the city traffic engineer pursuant
to authority vested in him by this chapter, or by the Vehicle
Code, no person shall stop, stand, park, or leave standing any
vehicle in violation of any such prohibition or time limit so
specified by said signs.
12.32.020 Parking space markings --Installation. The city
traffic engineer is authorized to install and maintain parking
space markings to indicate parking spaces adjacent to curbings
where authorized parking is permitted.
12.32.030 Parking space markings --Parking within required.
Each vehicle placed in any parking space shall be parked within
the lines and markings so established by the city traffic
engineer, and no person shall park or leave standing any vehicle
so that it extends across any such line or markings, or is in
such position that it is not entirely within the space designated
by such lines or markings.
12.32.040 Stricter parking regulations within council
established limited parking zones. Pursuant to authority vested
in him by other provisions of this chapter, or by the Vehicle
Code, the city traffic engineer is authorized to prescribe
shorter time limits than those specified by resolution of the
city council, or to prescribe parking prohibitions, within a
particular limited parking zone so specified by the city council;
provided that said stricter parking limitations or prohibitions
are properly indicated by appropriate signs or markings in
accordance with this chapter or other provisions of law.
12.32.050 Parking and driving on city property. (a) The
city manager shall from time to time examine and survey all
city -owned parking lots, parking areas and other properties, and
all property under the city's direct control, with respect to
vehicle driving and parking uses, and the need for regulations
applicable thereto, in order to assure proper and appropriate use
of such public properties and to prevent interferences with the
orderly and efficient conduct of the city's business.
(b) Based thereon, the city manager shall promulgate such
conditions, rules and regulations governing driving, stopping,
parking or leaving standing of vehicles on the particular
properties involved, as shall, in his judgement, be necessary and
appropriate to advance the public purposes mentioned in
subsection (a) of this section.
(c) A written statement or other graphic depiction of such
special conditions, rules and regulations shall, upon
promulgation, be filed in the office of the city clerk, and the
city council shall be promptly notified of such filing. Any
council member may then cause the matter to be submitted, in
whole or in part, for a formal review by the city council. If no
council member takes such action within thirty days from the date
the matter was filed with the city clerk, then the said special
conditions, rules and regulations shall be deemed adopted and
imposed by the city council within the meaning of Vehicle Code
Section 21113.
12.32.060 Enforcement of parking and driving regulations
applicable on city property. (a) Pursuant to Vehicle Code
Section 21113, a written statement or other graphic depiction of
all special conditions, rules and regulations adopted per Section
12.32.050 shall, at all times while the same remain effective, be
kept on file and available at the office of the city clerk, for
examination by all interested persons.
(b) The city manager shall erect, place and maintain
appropriate signs and markings at each city -owned or
city -controlled parking lot, parking area and other property,
giving notice of all special conditions, rules and regulations
applicable thereto, adopted per Section 12.32.050 and imposed
under Vehicle Code Section 21113.
(c) Any vehicle operation, parking, stopping or leaving
standing not complying with the said special conditions, rules
and regulations, will constitute a violation of Vehicle Code
Section 21113, except that subsection (a) of Vehicle Code Section
22507.8 shall apply with respect to unauthorized parking in
stalls or spaces designated for physically handicapped persons.
12.32.070 Parking and driving regulations applicable on
property of schools and other public agencies. Conditions and
regulations concerning parking or driving on property and grounds
of schools or other public agencies are imposed by the
appropriate governing boards or officers and are enforced
pursuant to and under the conditions of Vehicle Code Section
21113.
12.32.080 No parking areas. The city traffic engineer is
authorized to maintain, by appropriate signs, markings, or by
paint upon the curb surface, certain no stopping zones, no
parking areas, and restricted parking areas, as hereinafter
defined and described in this section. No person shall stop,
stand, park or leave standing any vehicle in any of the following
places, except when necessary to avoid conflict with other
traffic or in compliance with the direction of a police officer
or other authorized officer or traffic sign or signal-
(1) Within any divisional island unless authorized and
clearly indicated with appropriate signs or markings;
(2) On either side of any street between the projected
property lines of any public walk, public steps, street, or
thoroughfare terminating at such street, when such area is
indicated by appropriate signs or by red paint upon the curb
surface;
(3) In any area where the city traffic engineer determines
that the parking or stopping of a vehicle would constitute a
traffic hazard or would endanger life or property, when such area
is indicated by appropriate signs or by red paint upon the curb
surface;
(4) In any area established by resolution of the council as
a no parking area, when such area is indicated by appropriate
signs or by red paint upon the curb surface;
(5) In any area where the parking or stopping of any
- vehicle would constitute a traffic hazard or would endanger life
or property;
(6) On any street or highway where the use of such street
or highway or a portion thereof is necessary for the cleaning,
repair or construction of the street or highway or the
installation of underground utilities or where the use of the
street or highway or any portion thereof is authorized for a
purpose other than the normal flow of traffic or where the use of
the street or highway or any portion thereof is necessary for the
movement of equipment, articles or structures of unusual size,
and the parking of such vehicle would prohibit or interfere with
such use or movement; provided that signs giving notice of such
no parking are erected or placed at least twenty-four hours prior
to the effective time of such no parking;
(7) At any place within twenty feet of a point on the curb
immediately opposite the mid -block end of a safety zone, when
such place is indicated by appropriate signs or by red paint upon
the curb surface;
(8) At any place within twenty feet of a crosswalk at an
intersection when such place is indicated by appropriate signs or
by red paint upon the curb surface except that a bus may stop at
a designated bus stop;
(9) In any area of approach to. any traffic signal, left
turn lane, boulevard stop sign, or official electric flashing
device when such area is determined by the city traffic engineer
to be valuable in the interest of promoting traffic safety or
convenience, and the area is indicated by appropriate signs or by
red paint upon the curb surface except that a bus may stop at a
designated bus stop.
12.32.090 Installation, design and spacing of signs. The
city traffic engineer is authorized and directed to cause signs
regulating or prohibiting parking to be installed in the zones
now or hereafter provided by resolution of the city council or at
such places as the city traffic engineer is authorized to
regulate parking, standing or stopping pursuant to other
provisions of this chapter or of law. Signs giving notice of a
parking time limitation shall be approximately twelve inches by
eighteen inches in size, with green lines on a white background
specifying the particular parking time limitation applicable.
Such signs shall be spaced at a maximum interval of two hundred
feet, and provided that there shall be a minimum of four signs in
one block on each side of the street.
12.32.100 Curb markings to indicate no stopping and
parking regulations. (a) The city traffic engineer is
authorized, subject to the provisions and limitations of this
title, to place, and when required herein shall place, the
following curb markings to indicate parking or standing
regulations, and said curb markings shall have the meanings as
herein set forth:
(1) RED shall mean no stopping or parking at any time
except as permitted by the Vehicle Code, and except that a bus
may stop in a red zone marked or signed as a bus zone;
(2) YELLOW shall mean no stopping, standing or parking
at any time between seven a.m. and six p.m. of any day for any
purpose other than loading or unloading of passengers or
materials; provided that the loading or unloading of passengers
shall not consume more than three minutes, nor the loading or
unloading of materials,more than twenty minutes;
(3) WHITE shall mean no stopping, standing or parking
for any purpose other than loading or unloading of passengers, or
for the purpose of depositing mail in an adjacent mailbox, which
shall not exceed three minutes and such restrictions shall apply
between seven a.m, and six p.m. of any day and except as follows:
(A) When such zone is in front of a hotel or in front
of a mailbox the restrictions shall apply at all times;
(B) When such zone is in front of a theater or
restaurant the restrictions shall apply at all times except when
such theater or restaurant is closed;
(C) Taxicabs shall comply with this section unless
authorized to maintain a taxicab stand adjacent to the WHITE curb
marking, and provided the said area for the taxicab stand is
sign -posted at either end indicating "TAXICAB ZONE CNLY";
(4) GREEN shall mean no standing or parking for longer
than twenty minutes at any time between nine a.m. and six p.m. of
any day;
(5) BLUE shall mean parking limited exclusively to the
vehicles of physically handicapped persons.
(b) When the city traffic engineer, as authorized under
this title, has caused curb markings to be placed, no person
shall stop, stand or park a vehicle adjacent to any such legible
curb marking in violation of any of the parking, standing or
stopping regulations so indicated.
Chapter 12.44
STOP INTERSECTIONS
Sections:
12.44.010 Erection of stop signs.
12.44.020 Stop at through street or stop sign.
12.44.010 Erection of stop signs. Whenever any
resolution of this city designates and describes any street or
portion thereof as a through street, or any intersection at which
vehicles are required to stop at one or more entrances thereto,
or any railroad grade crossing at which vehicles are required to
stop, the city traffic engineer shall erect and maintain stop
signs as follows:
A stop sign shall be erected on each and every street
intersecting such through street or portion thereof so designated
and at those entrances of other intersections where a stop is
required and at any railroad grade crossing so designated. Every
such sign shall conform with and shall be placed as provided in
Section 21355 of the Vehicle Code.
12.44.020 Stop at through street or stop sign. (a)
Those streets and parts of streets hereinafter set forth by
resolution of the city council are declared to be through streets
for the purposes of this section. When proper signs are in place
giving notice thereof, all vehicular traffic shall be required to
stop before entering any intersection of a through street.
(b) The provisions of this section shall also apply at one
or more entrances to the intersections as such entrances and
intersections are described hereafter by resolution of the city
council. The provisions of this section shall also apply at
those highways and railway crossings provided for hereafter by
resolution of the city council.
Chapter 12.48
YIELD RIGHT-OF-WAY SIGNS
Sections:
12.48.010 Placement
12.48.010 Placement. The city traffic engineer is
authorized to determine those intersections at which drivers of
vehicles shall yield the right-of-way to opposing traffic. The
city traffic engineer shall place and maintain "YIELD
RIGHT-OF-WAY" signs at the entrance of streets previously
determined by him, and the signs shall comply with the
specifications of the Vehicle Code of the state.
Chapter 12.52
ONE-WAY STREETS AND ALLEYS
Sections:
12.52.010 Signs.
12.52.010 Signs. Whenever any resolution of this city
designates any one-way street or alley, the city traffic engineer
shall place and maintain signs giving notice thereof, and no such
regulations shall be effective unless such signs are in place.
Signs indicating the direction of lawful traffic movement shall
be placed at every intersection where movement of traffic in the
opposite direction is prohibited.
Chapter 12.56
RESTRICTED USE OF CERTAIN STREETS
Sections:
12.56.010 Truck routes --Establishment.
12.56.020 Truck routes --Use required --Exceptions.
12.56.030 Truck routes --Exemptions.
12.56.040 Commercial vehicles prohibited from using certain
streets.
12.56.050 Railway gates.
12.56.060 Trains not to block crossings.
12.56.010 Truck routes --Establishment. Whenever any
ordinance of this city designates and describes any street or
portion thereof as a street the use of which is permitted by any
vehicle exceeding a maximum gross weight limit of three tons, the
city traffic engineer is authorized to designate such street or
streets by appropriate signs as "TRUCK TRAFFIC ROUTES" for the
movement of vehicles exceeding a maximum gross weight limit of
three tons.
12.56.020 Truck routes --Use required --Exceptions. When
any such truck traffic route or routes are established and
— designated by appropriate signs, the operator of any vehicle
exceeding a maximum gross weight limit of three tons shall drive
on such route or routes and none other, except that nothing in
this section shall prohibit the operator of any vehicle exceeding
a maximum gross weight of three tons coming from a "TRUCK TRAFFIC
ROUTE" having ingress and egress by direct route to and from
restricted streets when necessary for the purpose of making
pickups or deliveries of goods, wares and merchandise from or to
any building or structure located on such restricted streets or
for the purpose o.f delivering materials to be used in the actual
and bona fide repair, alteration, remodeling or construction of
any building or structure upon such restricted streets for which
a building permit has previously been obtained therefor.
12.56.030 Truck routes --Exemptions. The provisions of
Section 12.56.010 and 12.56.020 shall not apply to:
(1) Passenger buses under the jurisdiction of the Public
Utilities Commission; or
(2) To any vehicle owned by a public utility while
necessarily in use in the construction, installation or repair of
any public utility; or
(3) To any vehicle delivering street construction materials
for street construction or repairs.
12.56.040 Commercial vehicles prohibited from using
certain streets. Whenever any ordinance of this city designates
and describes any street or portion thereof as a street the use
of which is prohibited by any commercial vehicle, the city
traffic engineer shall erect and maintain appropriate signs on
those streets affected by such ordinance.
12.56.050 Railway gates. No person shall drive any
vehicle through, around or under any crossing gate or barrier at
a railroad grade crossing while such gate or barrier is closed or
is being opened or closed.
12.56.060 Trains not to block crossings. It is unlawful
for any person to cause or permit any railway train or railway
cars or similar vehicle on rails to operate or to be operated in
such a manner as to prevent the use of any street for the
purposes of travel for a period of time longer than ten minutes,
except that this provision shall not apply to railway trains,
cars or similar vehicles on rails while blocking or obstructing a
crossing because of an accident which requires the operator of
the train, car or similar vehicle on rails to stop at or near the
scene of the accident.
Chapter 12.60
LOADING ZONES
Sections:
12.60.010 Establishment.
12.60.020 Loading zone --Designation.
12.60.030 Passenger loading zone --Designation.
12.60.050 Effect of permission to load or unload.
12.60.060 Standing --For loading or, unloading only
12.60.070 Standing --In passenger loading zone.
12.60.080 Standing --In any alley.
12.60.090 Bus zones.
12.60.010 Establishment. The city traffic engineer is
authorized to determine and to make loading zones and passenger
loading zones as follows:
(1) At any place in any business district;
(2) Elsewhere in front of the entrance to any place of
business or in front of any hall or place used for the purpose of
public assembly.
12.60.020 Loading zone --Designation. Loading zones shall
be indicated by yellow paint upon the top and face of the curb,
with black letters "LOADING ONLY" stenciled or otherwise painted
on the top of the curb.
12.60.030 Passenger loading zone --Designation. Passenger
loading zones shall be indicated by white paint upon the top and
face of the curb, with black letters "PASSENGER LOADING ONLY"
stenciled or otherwise painted on the top of the curb.
12.60.050 Effect of permission to load or unload. (a)
Permission herein granted to stop or stand a vehicle for purpose
of loading or unloading of materials shall apply only to
commercial vehicles and shall not extend beyond the time
necessary therefor, and in no event for more than twenty minutes.
(b) The loading or unloading of materials shall apply only
to commercial deliveries, also the delivery or pickup of express
and parcel post packages and United States mail.
(c) Permission herein granted to stop or park for purposes
of loading or unloading passengers shall include the loading or
unloading of personal baggage but shall not extend beyond the
time necessary therefor and in no event for more than three
minutes.
(d) Within the total time limits above specified the
provisions of this section shall be enforced so as to accommodate
necessary and reasonable loading or unloading but without
permitting abuse of the privileges hereby granted.
12.60.060 Standing --For loading or unloading only. No
person shall stop, stand or park a vehicle in any yellow loading
zone for any purpose other than loading or unloading passengers
or material, for such time as is permitted in Section 12.60.040.
12.60.070 Standing --In passenger loading zone. No person
shall stop, stand or park a vehicle in any passenger loading zone
for any purpose other than the loading or unloading of passengers
for such time as is specified in Section 12.60.050(c).
12.60.080 Standing --In any alley. No person shall stop,
stand or park a vehicle for any purpose other than the loading or
unloading of persons or materials in any alley.
12.60.090 Bus zones. The city traffic engineer is
authorized to establish bus zones opposite curb space for the
loading and unloading of buses or common carriers of passengers
and to determine the location thereof subject to the directives
and limitations set forth herein:
0 ) "Bus" as used in this section means any motor bus,
motor coach, trackless trolley coach or passenger stage used as a
common carrier of passengers.
(2) No bus zone shall be established opposite and to the
right of a safety zone.
(3) No person shall stop, stand or park any vehicle except
a bus in a bus zone.
Chapter 12.64
DRIVING RULES
Sections:
12.64.010 Driving through funeral processions.
12.64.020 Controlled intersections.
12.64.030 Clinging to moving vehicles.
12.64.040 Driving vehicles on sidewalks --Generally
prohibited.
12.64.042 Bicycles on sidewalks --When allowed.
12.64.050 New pavement.
12.64.060 Driving on rims of wheels.
12.64.070 Restricted access.
12.64.080 Restrictions on use of freeways.
12.64.090 Excessive acceleration.
12.64.010 Driving through funeral processions. No driver
of a vehicle shall drive between vehicles comprising a funeral
procession while they are in motion and when the vehicles in such
procession are conspicuously so designated.
12.64.020 Controlled intersections. Section 12.64.010
shall not apply at intersections where traffic is controlled by
official traffic signals or police officers.
12.64.030 Clinging to moving vehicles. No person riding
upon any bicycle, motorcycle, coaster, roller skates, skateboard
or any toy vehicle shall attach the same or himself to any moving
vehicle upon any roadway.
12.64.040 Driving vehicles on sidewalks --Generally
prohibited. Unless otherwise expressly allowed by another
provision of this title or other applicable law, no person shall
drive a vehicle (including any bicycle or unicycle) within any
sidewalk area or parkway except at a permanent or temporary
driveway.
12.64.042 Bicycles on sidewalks --When allowed. (a)
Notwithstanding the provisions of Sections 12.64.040, bicycles
and unicycles may be ridden along portions or segments of
sidewalks wherever expressly permitted by resolution of the city
council, but not until such sidewalk areas have been
appropriately designated by the city engineer with signs or
markings to give due notice to the pedestrian and cycling public.
(b) No person shall ride, operate or use a bicycle or
unicycle on a sidewalk or bikeway in a willful or wanton
disregard for the safety of persons or property.
12.64.050 New pavement. No person shall ride or drive
any animal or any vehicle over or across any newly made pavement
or freshly painted marking in any street when a barrier or sign
is in place warning persons not to drive over or across such
pavement or marking, or when a sign is in place stating that the
street or any portion thereof is closed.
12.64.060 Driving on rims of wheels. No person shall
drive, operate, tow or otherwise move any motor vehicle, equipped
with rims to accommodate rubber tires, over or across any street
in this city with tires removed or deflated so that the metal
flanges or rims are in contact with the pavement, except to the
nearest edge of the pavement from the point any such condition
occurs through accident.
12.64.070 Restricted access. No person shall drive a
vehicle onto or from any limited access roadway except at such
entrances and exits as are established by public authority.
12.64.080 Restrictions on use of freeways. No person
shall drive or operate any bicycle, motor driven cycle, or any
vehicle which is not drawn by a motor vehicle upon any street
established as a freeway, as defined by state law, nor shall any
pedestrian walk across or along any such street so designated and
described except in space set aside for the use of pedestrians,
provided official signs are in place giving notice of such
restrictions.
12.64.090 Excessive acceleration. No person shall
operate a vehicle on a street or alley in such a manner as to
facilitate its speed by means of leaving rear wheel frictional
rubber marks, caused by rapid acceleration.
Chapter 12.68
PEDESTRIANS
Sections:
12.68.010 Crosswalks--Establishment--Signs.
12.68.020 Crosswalks --Use required when.
12.68.010 Crosswalks--Establishment--Signs. (a) The
city traffic engineer is authorized to establish and maintain
crosswalks and to designate them by appropriate devices or
painted signs upon the surface of the roadway.
(b) The city traffic engineer may place signs at or
adjacent to an intersection in respect to any crosswalk directing
the pedestrians shall not cross except in the crosswalk so
indicated.
12.68.020 Crosswalks --Use required when. No pedestrian
shall cross a roadway other than by a crosswalk in any business
district.
Title 14
STREETS AND SIDEWALKS
Chapters:
14.04 Street Numbers
14.08 Street Name Changes
14.16 Encroachments
14.20 Moving Buildings
14.24 Water and Rubbish in Streets
14.28 Underground Utility Districts
Chapter 14.04
STREET NUNBERS
Sections:
14.04.010 System established.
14.04.010 System established. The established Riverside
County uniform system of numbering for all property fronting on
public roads and streets shall remain in effect for this city.
Chapter 14.08
STREET NAME CHANGES
Sections:
14.08.010 Petition for initiation of
14.08.020 Initiation of petition.
14.08.030 Application fee.
14.08.040 Manager's examination.
14.08.050 Adoption of resolution of
14.08.060 Publication.
14.08.070 Posting.
14.08.080 Commission hearing.
14.08.090 Commission recommendation.
14.08.100 Council action.
14.08.110 Commission recommendation
hearing.
street name change.
intention.
without petition and
14.08.010 Petition for initiation of street name change.
Any person may initiate a street name change for any reason
consistent with law, by complying with the provisions of this
chapter.
14.08.020 Initiation of petition. A proposed change of
street name may be initiated by filing with the planning
commission an application in the form prescribed by the city
manager and signed by the owners of at least sixty percent of the
lineal frontage abutting the street to be affected.
14.08.030 Application fee. The application shall be
accompanied by a fee in an amount established by resolution of
the city council, in order to defray the costs of publishing,
posting, and processing, as hereinafter prescribed.
14.08.040 Manager's examination. The city manager shall
examine the application and determine the sufficiency of same as
to the percentage requirement of Section 14.08.020.
14.08.050 Adoption of resolution of intention. Upon
determination of the sufficiency of the petition, the commission
shall adopt a resolution of intention to change name and set a
date for public hearing not less than thirty days from the date
of adoption of the resolution.
14.08.060 Publication. The city manager shall provide
for at least one publication of the resolution of intention in a
newspaper of general circulation within the city at least fifteen
days prior to the hearing date.
14.08.070 Posting. The city manager shall provide for
posting copies of the resolution of intention in at least three
public places along the street proposed to be affected. The
posting shall be completed at least ten days prior to the hearing
date.
14.08.080 Commission hearing. At the time set for
hearing, or at any time to which the hearing may be continued,
the commission shall hear and consider proposals to adjust, alter
or change the name(s) of the street(s) mentioned in the
resolution, and objections to the proposals.
14.08.090 Commission recommendation. At or after the
conclusion of the hearing, the commission may make any
recommendation to the city council which the commission deems
appropriate. In its deliberations the commission shall consider
any applicable specific plans in effect.
14.08.100 Council action. The city council may, pursuant
to California Government Code Section 34091.1, take such action
as it deems appropriate upon the recommendation of the
commission, and failure to take action within sixty days after
submission of the commission's recommendation shall be deemed
denial of the application.
14.08.110 Commission recommendation without petition and
hearing. Notwithstanding any other parts of this code, the
commission may, for any reason it deems in the public interest
and necessity,, recommend to the city council that a street name
be changed. Said recommendation may be made without complying
with the requirements of Sections 14.06.020 through 14.08.080.
Said recommendation shall be in the form of a resolution of the
commission directed to the city council. Thereafter the city
council shall take such action as it deems appropriate.
Chapter 14.16
ENCROACHMENTS
Sections:
14.16.010 Definitions.
14.16.020 Right of lawful use.
14.16.030 Exceptions.
14.16.040 Acts requiring permit.
14.16.050 Nonacceptable permit applications.
14.16.060 Emergency work authorized.
14.16.070 Director to issue permits.
14.16.080 Application for permits --Form.
14.16.090 Application for permits --Exhibits.
14.16.100 Application for permits --Consent of other public
agencies to be filed.
14.16.110 Liability for damages by permittee.
14.16.120 Fees for permit.
14.16.130 Permit to move certain vehicles or object.
14.16.140 Term of permit --Beginning of work.
14.16.150 Term of permit --Completion of work.
14.16.160 Display of permit.
14.16.170 Change in permit.
14.16.180 Cash deposits or bonds--Amount--Purpose.
14.16.190 Annual bond.
14.16.200 Bond for continuing use.
14.16.210 Additional bond or cash deposit.
14.16.220 Condition of bond or cash deposit.
14.16.230 Bond payable to city --Release of bond or cash
deposit.
14.16.240 Exemption from required bond or cash deposit.
14.16.250 Erection and maintenance,of safety provisions.
14.16.260 Notification of beginning of work.
14.16.270 Notification of completion of work.
14.16.280 Care of drainage.
14.16.290 Interference with travel of general public.
14.16.300 Restoring of street and maintenance of
encroachment.
14.16.310 Relocation or removal of encroachments.
14.16.320 Standards, supervision and inspection.
14.16.330 Storage of material.
14.16.340 Minimum cover over pipes and conduits.
14.16.350 Abandonment of pipes, conduits and appurtenances.
14.16.360 Trenching regulations.
14.16.370 Backfilling of excavations.
14.16.375 Resurfacing of excavations and trenches.
14.16.380 Poles and transmission line carriers.
14.16.390 Aids to visibility.
14.16.400 Movement of vehicles.
14.16.410 Mailboxes in rights -of -way.
14.16.420 Hedges or fences--Permit--Limitation on location.
14.16.430 Hedges or fences --Maintenance.
14.16.440 No permit required for lawns --Restrictions.
14.16.450 Marking of streets, curbs and sidewalks
prohibited without permit.
14.16.460 Monuments.
14.16.461 Publication vending machines --Permit required.
14.16.462 Publication vending machines --Standards for
installations and for continued maintenance.
14.16.463 Publication vending machines --Authority of city
manager to adopt regulations.
14.16.464 Publication vending machines --Special provisions
for permits and applications.
14.16.465 Publication vending machines --Removal of machines
in violation.
14.16.466 Publication vending machines --Other violations.
14.16.470 Franchises.
14.16.480 Maps showing pipes and conduits.
14.16.490 Revision of maps.
14.16.500 Maps showing abandoned equipment.
14.16.510 Appeal --Right.
14.16.520 Appeal --Filing method.
14.16.530 Appeal --Action of city council.
14.16.010 Definitions. For the purposes of this chapter,
unless it is plainly evident from the context that a different
meaning is intended, certain terms used herein are defined as
follows:
(1) "Director" means the city manager, acting personally or
through his authorized designee who has been appointed to
administer the city's program of regulating and controlling
encroachments.
(2) "Encroach" or "encroachment" means going upon, over,
under, or using any right-of-way in such a manner as to prevent,
obstruct, or interfere with the normal use of that way, including
the performance thereon of any of the following acts:
(A) Excavating or tunneling within, or otherwise disturbing
the right-of-way,
(B) Erecting or maintaining any post, sign, pole, fence,
guard rail, wall, loading platform, or other structure on or over
or under the right-of-way,
(C) Planting any tree, shrub, grass or other growing thing
within the right-of-way,
(D) Placing or leaving on the right-of-way any rubbish,
brush, earth or other material of any nature whatever,
(E) Constructing, placing, or maintaining on, over, under,
or within the right-of-way any pathway, sidewalk, driveway, or
other surfacing, any culvert or other surface drainage or
subsurface drainage facility, any pipe, conduit, or cable,
(F) Lighting or building a fire,
(G) Constructing, placing, planting or maintaining any
structure, embankment, excavation, tree or other object adjacent
to the right-of-way which causes or will cause an encroachment,
(H) Traveling on the right-of-way by any vehicle or
combination of vehicles or object, of dimension, weight or other
characteristic, when such traveling is prohibited by law without
a permit; provided that this provision shall not be deemed
applicable to housemoving so long as said subject is regulated
elsewhere in this code;
(3) "Permittee" means any person that proposes to do work
or encroach upon a public highway as herein defined and has been
issued a permit for such encroachment by the director;
(4) "Public street" means the full width of the
right-of-way of any road, street, lane or alley used by or for
the general public, whether or not those roads, streets, lanes
and alleys have been accepted as and declared to be part of the
city system of public streets, except streets forming a part of
the State Highway System;
(5) "Right-of-way" means land which by deed, conveyance,
agreement, easement, dedication, usage or process of law is
reserved for and dedicated to the use of the general public for
street or highway purposes.
14.16.020 Right of lawful use. Any permit granted under
this chapter shall be subject to the right of the city, or any
other person entitled thereto, to use that part of the public
highway for any purpose for which it may be lawfully used, and no
part of the highway shall be unduly obstructed at any time.
14.16.030 Exceptions. This chapter shall not apply to any
officer or employee of the city in the discharge of his official
duties, or to any work being performed by any person or persons
under contract with the city.
14.16.040 Acts requiring permit. No person shall
encroach or cause to be made any encroachment of any nature
whatever within, upon, over or under the limits of any
right-of-way, or make or cause to be made any alteration of any
nature within, upon, over, or under the limits of any
right-of-way, or make or cause to be made any alteration of any
nature within, upon, over, or under such right-of-way, or
construct, put upon, maintain or leave thereon, or cause to be
constructed, put on, maintained or left thereon, any obstruction
or impediment of any nature whatever, or remove, cut or trim
trees thereon, or set a fire thereon, or place on, over or under
such right-of-way any pipe line, conduit or other fixtures, or
move over or cause to be moved over the surface of any
right-of-way or over any bridge, viaduct, or other structure
maintained by the city any vehicle or combination of vehicles or
other object of dimension or weight prohibited by law or having
other characteristics capable of damaging the right-of-way, or
place any structure, wall culvert, or similar encroachment, or
make any excavation or embankment in such a way as to endanger
the normal usage of the right-of-way, without having first
obtained a permit as required by this chapter.
14.16.050 Nonacceptable permit applications. No
application will be approved nor permit issued for constructing
or maintaining a loading platform upon or in the right-of-way of
a public street or for erecting or maintaining therein or thereon
�— a post, pole, column or structure for support for advertising
signs.
14.16.060 Emerqency work authorized. This chapter shall
not prevent any public utility from maintaining any pipe or
conduit lawfully on or under any public street, or from making
excavation, as may be necessary for the preservation of life or
property when an urgent necessity therefor arises during the
hours the offices of the city are closed, except that the person
making an emergency use or encroachment on a public street shall
apply for a permit therefor within one calendar day after the
offices of the city are again opened.
14.16.070 Director to issue permits. The written permits
required by this chapter shall be issued by the director subject
to conditions set forth in this chapter or required by other
provisions of law.
14.16.080 Application for permits --Form. The director
shallr prescribe and provide a regular form of application •for the
use of any applicant for a permit required by this chapter. The
application form shall contain space for the name, address and
principal place of business of the applicant, together with such
detail as in the judgment of the director is necessary to
establish the exact location, dimensions, duration, and purpose
of the proposed use or encroachment.
14.16.090 Application for permits --Exhibits. The
applicant shall enclose with, attach or add to the application
for a permit a map, plat, sketch, diagram or similar exhibit on
which shall be plainly shown any and all information necessary to
locate, delineate, illustrate, or identify the proposed use or
encroachment and the right of applicant to so use or encroach
thereon.
14.16.100 Application for permits --Consent of other public
agencies to be filed. The applicant shall also enclose with,
attach or add to the application for a permit the written order
or consent to any work thereunder, required by law, of the public
utilities commission, sanitary district, water districts, or any
other public body having jurisdiction. A permit shall not be
issued until and unless such order or consent is first obtained
and evidence thereof filed with the director. The permittee
shall keep himself adequately informed of all state and federal
laws and local ordinances and regulations which in any manner
affect the permit. The applicant shall at all times comply with
and shall cause all his agents and employees to comply with all
such laws, ordinances, regulations, decisions, court and similar
authoritative orders.
14.16.110 Liability for damages by permittee. The
permittee shall be responsible for all liability imposed by law
for personal injury or property damage proximately caused by work
permitted and done by permittee under the permit, or proximately
caused by failure on permittee's part to perform his obligations
under such permit in respect to maintenance. If any claim of
such liability is made against the city, its officers, or
employees, permittee shall defend, indemnify and hold them, and
each of them, harmless from such claim insofar as permitted by
law.
14.16.120 Fees for permit. (a) The schedule of fees
will be those recommended by the director and established and
adopted by the city council from time to time by resolution.
Before a permit is issued the applicant shall deposit with the
city, cash or a check, in a sufficient sum to cover the fee for
issuance of the permit, charges for field investigation, and the
fee for necessary inspection, all in accordance with schedules
established and adopted by the city council.
(b) Public utilities may, at the director',s option, make
payment for the above charges as billed by the city instead of
advance deposit
as required above.
(c) Fees will not be required of any public agency which is
authorized by law to establish or maintain any works or
facilities in, under, or over any public street or right-of-way.
14.16.130 Permit to move certain vehicles or obiect.
Before a vehicle or combination of vehicles or object of weight
or dimension or characteristic, prohibited by law without a
permit, is moved on any public right-of-way, a permit to do so
must first be granted by the director as set forth in
specifications established by the director or as otherwise
required by him. This section shall not be deemed applicable to
housemoving so long as such subject is regulated elsewhere in
this code.
14.16.140 Term of permit --Beginning of work. The
permittee shall begin the work or use authorized by a permit
issued pursuant to this chapter within ninety days from date of
issuance, unless a different period is stated in the permit. If
the work or use is not begun within ninety days, or within the
time stated in the permit, then the permit shall become void. A
permit for continuing a use or maintaining an encroachment
previously authorized except when issued to a public agency or a
public utility holding a franchise from the city, shall be valid
for a term of one year from date of issuance, unless sooner
terminated by discontinuance of the use, or removal of the
encroachment, for which the permit was issued.
14.16.150 Term of permit --Completion of work. The
permittee shall complete the work or use authorized by a permit
issued pursuant to this chapter within the time specified in the
permit. If at any time the director finds that the delay in the
prosecution of completion of the work or use authorized is due to
lack of diligence on the part of the permittee, he may cancel the
permit and restore the right-of-way to its former condition. The
permittee shall reimburse the city for all expenses incurred by
the city in restoring the right-of-way.
14.16.160 Display of permit. ' (a) The permittee shall
keep any permit issued pursuant to this chapter at the site of
work, or in the cab of a vehicle when movement thereof on a
public street is involved, and the permit must be shown to the
director or any law enforcement officer on demand.
(b) A permit issued for continued use or maintenance of an
encroachment may be kept at the place of business of the
permittee or otherwise safeguarded during the term of validity,
but shall be made available to the director or any law
enforcement officer within a reasonable time after demand
therefor is made.
14.16.170 Change in permit. No changes may be made in
the location, dimension, character or duration of the
encroachment or use as granted by the permit except upon written
authorization of the director.
14.16.180 Cash deposits or bonds--Amount--Purpose. If
required by the director, and before a permit is effective, the
permittee shall deposit with the director, or agent authorized by
resolution of the city council, a cash deposit or an approved
surety bond, in the sum to be fixed by the director as sufficient
to reimburse the city for costs of restoring the right-of-way to
its former condition, based on the schedules, if any, adopted by
resolution of the city council.
14.16.190 Annual bond. In lieu of repeated individual
bonds which may be required pursuant to Secton 14.16.1B0, the
permittee may, upon approval by the director, annually file with
the director a cash deposit or an approved surety bond issued by
a company authorized to do a general surety business in the
state, in a sum fixed by the director as sufficient to reimburse
the city for expenses to be incurred in restoring the
right-of-way to its former condition, subject to the schedules,
if any, adopted by resolution of the city council.
14.16.200 Bond for continuing use. An application for a
permit for a use or encroachment which is to continue or remain
within, under, or upon the right-of-way of a public highway
beyond the time authorized for actual construction or
installation, shall be accompanied by a cash bond or approved
surety bond issued by a company authorized to do a general surety
business in the state in a penal sum to be fixed by the director
as sufficient to reimburse the city for all expenses which are or
might be incurred by the city in making the right-of-way safe and
convenient for the travel of the general public, subject to the
schedules, if any, adopted by resolution of the city council and
in effect at the time of application for a permit.
14.16.210 Additional bond or cash deposit. The director
may require an additional bond or cash deposit at any time when
in his opinion the amount of the bond or cash deposit previously
made is insufficient, subject to the schedules, if any, adopted
for that purpose by the city council.
14.16.220 Condition of bond or cash deposit. The
condition of any bond or cash deposit made pursuant to Sections
14.16.180 through 14.16.240 shall be that the permittee will
diligently and in good faith comply with this chapter and the
terms and conditions of the permit.
14.16.230 Bond oavable to citv--Release of bond or cash
deposit. Any bond or cash deposit required pursuant to this
chapter shall be payable to the city. Upon satisfactory
completion of all work authorized in the permit, and fulfillment
of all conditions of the permit, the bond or cash deposit shall
be released.
14.16.240 Exemption from reouired bond or cash deposit.
Cash deposits or bonds will not be required of any public utility
or public agency which is authorized by law to establish or
maintain any works or facilities in, under, or over any public
street or right-of-way.
14.16.250 Erection and maintenance of safety provisions.
(a) The permittee in the conduct of the work, use or maintenance
of an encroachment authorized by a permit issued pursuant to this
chapter shall provide, erect, and/or maintain such lights,
barriers, warning signs, patrols, watchmen, and other safeguards
as are necessary to protect the traveling public. Any omission
on the part of the director to specify in the permit what lights,
barriers, or other protective measures or devices are required,
shall not excuse the permittee from complying with all
requirements of law and appropriate regulations and ordinances
for adequately protecting the safety of those using public
streets. If, at any time, the director finds that suitable
safeguards are not being provided, the city may provide, erect,
maintain, relocate or remove such safeguards as are deemed
necessary or may cancel the permit and restore the right-of-way
to its former condition, all at the expense of the permittee.
(b) A permittee making any excavation or erecting or
leaving any obstruction within, under, or upon the right-of-way,
or causing the same to be made, erected, or left, shall place and
maintain lights at each end of the excavation or obstruction, at
not more than fifty foot intervals along the excavation or
obstruction, from one-half hour before sunset of each day to
one-half hour after sunrise of the next day, until the excavation
is entirely refilled or the obstruction removed and the
right-of-way made safe for use. In addition, reflectorized
warning signs conforming to the requirements of the California
Division of Highways shall be placed two hundred feet and four
hundred feet from each excavation or obstruction, in such a
position as to adequately warn public traffic.
(c) The warning signs, lights and other safety devices shall
conform to the requirements of Section 21400 of the Vehicle Code
and of any sign manual issued by the state.
14.16.260 Notification of beginning of work. Before
beginning any work which is or includes excavation, construction
of concrete sidewalks, curbs, gutters or driveway approaches,
planting, trimming or removing trees, making, placing or causing
an obstruction in the traveled way, the permittee shall notify
the director at least twenty-four hours prior to beginning such
work.
14.16.270 Notification of completion of work. The
permittee shall, upon completion of all work authorized in the
permit, notify the director. No work shall be deemed to be
completed until such notification of completion is given and the
work is accepted by the director.
14.16.280 Care of drainage. If the work, use or
encroachment authorized in the permit issued pursuant to this
chapter interferes with the established drainage, the permittee
shall provide for proper drainage as directed by the director.
14.16.290 Interference with travel of general public.
All work or use shall be planned and executed in a manner that
will least interfere with the safe and convenient travel of the
general public at the place where the work or use is authorized;
and at no time shall a public street be closed, or the use
thereof denied the general public, or shall access to adjacent
private property be cut off, without the prior permission of the
director.
14.16.300 Restoring of street and maintenance of
encroachment. (a) Upon completion of the work, acts or things
for which the permit was issued, or when required by the
director, the permittee shall replace, repair or restore the
public street at the place of work to the same condition existing
prior thereto unless otherwise provided in the permit. The
permittee shall remove all obstructions, impediments, material or
rubbish caused or placed upon the right-of-way of the public
street under the permit, and shall do any other work or perform
any act necessary to restore the public street to a safe and
usable condition.
(b) After completion of all work, the permittee shall
exercise reasonable care in inspecting and maintaining the area
affected by the encroachment. For a period of one year after the
completion of the work the permittee shall repair and make good
any injury or damage to any portion of the street which occurs as
the result of work done under the permit, including any and all
injury or damage to the street which would not have occurred had
such work not been done. By the acceptance of the permit the
permittee agrees to comply with the above. The permittee shall,
upon notice from the director immediately repair any injury,
damage or nuisance, in any portion of the right-of-way, resulting
from the work done under the permit. In the event that the
permittee fails to act promptly or should the exigencies of the
injury or damage require repairs or replacement to be made before
the permittee can be notified or can respond to notification, the
city may, at its option, make the necessary repairs or
replacement or perform the necessary work and the permittee shall
be charged with all the expenses incurred in the performance of
such work.
14.16.310 Relocation or removal of encroachments. If any
future construction, reconstruction or maintenance work by the
city on a public right-of-way requires the relocation, removal or
abandonment of installations or encroachments in, on or under the
public right-of-way, the permittee or other person or entity
owning, controlling or maintaining such installations or
encroachments shall relocate, remove or abandon the same at his
sole expense subject, however, to any applicable prior rights or
express statute to the contrary, and provided further that this
provision shall apply to and remain in force and effect only so
long as the right-of-way upon which such installations or
structures are located shall be used for usual street purposes,
and not as a freeway, and this provision shall cease to apply
when such street shall become a freeway. When removal,
relocation or abandonment is required, the director shall give
such permittee or other person or entity a written demand
specifying the place of relocation, or that the installations or
encroachment must be removed, relocated, or abandoned. If such
permittee or other person or entity fails to comply with such
instructions, the city may cause the removal, relocation or
abandonment of the encroachment at the expense of such permittee
or other person or entity.
14.16.320 Standards, supervision and inspection. All
work done under a permit issued pursuant to this chapter shall
conform to specifications established by either the city council
or the director, or in the absence of established specifications,
to recognized standards of construction and approved practices in
connection with the work to be done. All work shall be done
subject to the supervision of, and to the satisfaction of the
director.
14.16.330 Storage of material. Unless otherwise approved
by the director, no material shall be stored by a permittee
within five feet of a public street, and/or excess earth
materials from trenching or other operatons shall be removed from
the pavement, traveled way, or shoulder as the trench is
backfilled or other work carried forward.
14.16.340 Minimum cover over pipes and conduits. The
minimum cover over any and all pipes or conduits larger than two
and a half inches installed within the right-of-way shall be
thirty inches of earth or imported materials, unless otherwise
specified in the permit. Within the traveled way, the minimum
cover of three feet shall be measured from the surface, existing
or planned. The director is authorized to permit installation of
pipes or conduits where three feet of cover cannot be provided
because of topography, structures, or other engineering
necessity.
14.16.350 Abandonment of pipes,____conduits and
appurtenances. Whenever any pipe, conduit, duct, tunnel, or
other equipment or structure located under the surface of any
public street, thoroughfare or other public place, or the use
thereof, is abandoned, the person or entity owning, using,
controlling or having an interest in same, shall, within thirty
days after such abandonment, file in the office of the director a
map giving in detail the location of the pipe, conduit, duct,
tunnel or other equipment or structure so abandoned. Upon
written demand by the city, the abandoned equipment shall be
removed by such person or entity which abandoned the facility,
and at no cost to the city.
14.16.360 Trenching regulations. (a) TRENCH LENGTH
LIMIT. No trench shall be opened in any street or thoroughfare
for the purpose of laying pipes or conduits more than six hundred
feet in advance of pipe or conduit placed therein, except in
cases of emergency or by written consent of the director.
(b) PILING OF EXCAVATED MATERIAL. All excavated material
shall be piled along the trench leaving clear the area at least
one foot on each side thereof.
(c) SEGREGATION OF SURFACE MATERIAL, SUBSOIL. The surface
material shall be piled on one side of the trench and the subsoil
on the other side of the trench.
(d) DRIVEWAYS AT INTERSECTIONS. When a crossing street
intersects with an excavation, a driveway for vehicles shall at
all times be maintained, unless a detour plan is approved in
advance by the director.
(e) PRIVATE DRIVEWAYS. All private driveways shall be kept
open to the maximum extent feasible.
14.16.370 Backfilling of excavations. Backfilling of an
excavation shall be in accordance with plans and specifications
established by resolution of the city council. Backfill shall
not be placed in any excavation without compaction of the
material used therein, in accordance with said specifications.
14.16.375 Resurfacing of excavations and trenches.
Resurfacing of excavations and trenches shall be accomplished as
follows:
(1) TEMPORARY RESURFACING. Unless permanent pavement is
placed immediately, temporary bituminous resurfacing two inches
(fifty-one millimeters) thick shall be placed and maintained at
locations determined by the director wherever excavation is made
through pavement, sidewalks or driveways. In sidewalk areas, the
temporary bituminous resurfacing shall be at least one inch
(twenty-five millimeters) thick. At major intersections and
other critical locations, a greater thickness may be ordered by
the director. Temporary resurfacing shall be placed and rolled
with a minimum three -ton roller or equivalent, as soon as the
condition of the backfill is suitable to receive it the same day.
The bituminous mixture used shall conform to the applicable
sections of the city's most currently adopted standard
specification for public works construction.
(2) PERMANENT RESURFACING. The permanent pavement shall be
installed within fifteen calendar days of the date of the initial
excavation on major and secondary thoroughfares, thirty calendar
days on collector streets, unless otherwise directed by the
director. The temporary pavement shall be removed and disposed
of by the permittee. The edges of the street excavation shall be
cut to a neat edge in a manner approved by the director. The
permanent pavement shall be installed in two lifts and shall be
one inch (twenty-five millimeters) greater in thickness than
existing pavement, or four inches (one hundred two millimeters)
minimum thickness; rolled with a minimum three -ton steel roller
or equivalent. The subgrade and the permanent paving shall
conform to the applicable section of the city's most currently
adopted standard specifications for public works construction.
If the permittee fails to complete a permanent resurfacing within
the time specified above, a code violation notice may be issued
to him, and the matter will thereafter be subject to other
appropriate remedies such as the city completing the work and
charging the permittee for the costs and expenses thereof, or
referral of the matter to the city attorney or to other
appropriate agencies such as the Contractors' State License
Board, for suitable enforcement or disciplinary proceedings.
14.16.380 Poles and transmission line carriers. (a)
Clearance and types in the construction of poles and transmission
line carriers shall be in accordance with rules, regulations, and
orders of the Public Utilities Commission and other public
agencies having jurisdiction.
(b) No guy wires shall be attached to trees without
specific authorization to do so in the permit, and in no event
shall guy wires be so attached as to girdle the tree or interfere
with its growth. Guy wires shall not be below the minimum
elevation above the ground, prescribed in the rules, orders, and
regulations of the Public Utilities Commission.
(c) When a pole, brace, stub, or similar timber is removed
and not replaced, the entire length thereof shall be removed from
the ground and the hole backfilled and compacted.
14.16.390 Aids to visibility. When the location or
position of a pole or other obstruction makes accentuation of its
visibility to vehicular traffic necessary, the director may
require that the pole or other obstruction be painted, or
equipped with reflectors or other aids to visibility prescribed
or authorized by the Public Utilities Commission or the
Department of Public Works of the state, at the expense of the
permittee.
14.16.400 Movement of vehicles. When authorized by a
permit issued pursuant to this chapter to move a vehicle or
combination of vehicles or load of dimension or weight in excess
of that permitted by law, the permittee shall comply with the
general law regulating travel over a public street, including
posted signs or notices which limit speed or direction of travel,
or weight which may be placed upon a structure or the width or
height that may be moved thereon or thereover, or otherwise
restricting or controlling travel on a public street. The
permittee shall at all times conform to and abide by the practice
and procedure necessary to make safe and convenient the travel of
the general public, and to keep safe and preserve the public
highway over and on which movement is being made. Any violation
of this section shall cancel the permit issued to the permittee.
(This section shall not be deemed to apply to housemoving so long
as such subject is regulated elsewhere in this code.)
14.16.410 Mailboxes in rights -of -way. No permit pursuant
to this chapter need be obtained for the placing and maintaining
of a mailbox within a public right-of-way so long as the mailbox
and its placement comply with the rules and regulations of the
United States Post Office, and also the following regulations-
(1) Mailboxes and containers for the collection and storage
of mail shall be so placed or maintained as to not endanger the
life or safety of the traveling public or inhibit the flow of
vehicular traffic, irrespective of when such situation should
first come into existence;
(2) No box for delivery of mail shall be placed or
maintained over or within any sidewalk.
14.16.420 Hedges or fences--Permit--Limitation on
location. (a) No hedge, fence or similar structure, except as
provided in Section 14.16.440, shall be planted, erected or
maintained in a right-of-way without a permit.
(b) No hedge, shrub, or other planting whatever, fence, or
similar structure, shall be maintained across any existing
walkway in a sidewalk area or shoulder. The intent of this
restriction is to keep free a walkway for pedestrian or other
lawful public travel without interference by or with vehicular
travel. No encroachment of any nature shall be permitted or
maintained which impedes, obstructs, or denies such pedestrian or
other lawful travel within the limits of the right-of-way of a
public street or which impairs adequate sight distance for safe
pedestrian or vehicular traffic.
14.16.430 Hedges or fences --Maintenance. The permittee,
or the owner of the adjacent property, shall maintain the hedges,
shrubs, walls, fences or similar structures erected for
landscaping purposes in a neat and orderly condition at all
times. If the encroachment is not maintained as specified in
this chapter, the director may order the permittee or property
owner to remove the encroachment and restore the right-of-way to
its former condition, at the expense of the permittee or property
owner. In addition, any such unlawful condition is hereby
declared to be a public nuisance and subject to abatement
pursuant to Chapters 11.72 and 11.80 of this code or other
applicable provisions of law.
— 14.16.440
No permit required
for
lawns --Restrictions.
Notwithstanding
anything contained
herein
to the contrary, any
person may plant
and maintain a lawn
of any
grass, or type not
prohibited by other law, within the right-of-way of a public
street without a permit. However, the lawn shall not extend into
the traveled way of the public street nor into drainage ditches,
gutters or other drainage facilities. The general public may not
be denied the use of the planted area for pedestrian or other
lawful travel. The city may use the planted area for any purpose
whatever, and may issue a permit to any applicant to go thereon
to perform work or otherwise encroach pursuant to this chapter.
If the lawn is damaged or disturbed in the course of an
authorized encroachment, it shall be removed and replaced by the
permittee unless the permit specifically states otherwise.
14.16.450 Marking of streets, curbs and sidewalks
prohibited without permit. No person, without first having
obtained a permit, shall solicit on a commercial or donation
basis, to place, or shall place, or maintain any number, figure,
letter, carving, drawing, design, or other marking upon any
street, sidewalk, or curb; except that markings for the purpose
of identifying survey, utility or construction locations shall
not be subject to this section.
14.16.460 Monuments. No person shall remove or disturb
or cause to be removed or disturbed, any monument of granite,
concrete, iron or other lasting material set for the purpose of
locating or preserving the lines and/or elevation of any public
street or right-of-way, property subdivision, or a precise survey
point or reference point, without first obtaining permission from
the director to do so. Replacement of removed or disturbed
monuments shall be at the expense of the permittee.
14.16.461 Publication vending machines --Permit required.
(a)' For the purposes of this chapter, "publication vending
machine" means any self-service or coin -operated box, container,
storage unit or other dispenser installed, used or maintained for
the display or sale of any written or printed material, including
but not limited to, newspapers, news periodicals, magazines,
books, pictures, photographs and records.
(b) No person shall install, place, use or maintain any
publication vending machine in or on any right-of-way without
first having obtained a permit as required by this chapter, or
without such permit being in full force and effect.
(c) No person who has installed, placed, used or maintained
any publication vending machine in or on any right-of-way shall
fail, refuse or neglect to comply with all standards and
requirements specified in this chapter or in regulations duly
adopted by the city manager pursuant to authority delegated by
this chapter, nor shall any such person fail, refuse or neglect
to comply with all terms and conditions of any applicable permit
issued pursuant to this chapter.
14.16.462 Publication vending machines --Standards for
installations and for continued maintenance. Every publication
vending machine, or group of such machines, installed, placed
used or maintained in or on any right-of-way, shall conform at
all times to each and all of the following standards:
(1) No publication vending machine shall project onto, into
or over any part of the roadway (as that term is defined by
Section 530 of the Vehicle Code) of any public street or highway,
nor shall any such machine rest, wholly or in part, upon, along,
--- or over any portion of such roadway.
(2) No person shall install, place, use or maintain any
publication vending machine when such installation, placement,
use or maintenance endangers the safety of persons or property,
or when the site or location is used for public utility purposes,
public transportation purposes or other governmental use, or when
such publication vending machine unreasonably intereferes with or
impedes the flow of pedestrian or vehicular traffic including any
legally parked or stopped vehicle, the ingress into or egress
from any residence or place of business, or the use of poles,
posts, traffic signs or signals, hydrants, mailboxes, or other
objects permitted at or near said location.
(3) No publication vending machine shall exceed four feet
in height, thirty inches in width, or two feet in thickness
provided that stacking of machines may be allowed if adjacent to
a building or mounted in a wall.
(4) Publication vending machines shall be placed near a
curb or adjacent to, or in a wall or a building. Such machines
placed near the curb shall be placed no less than thirty-six
inches from the edge of the curb unless it is marked red, and in
that event no less than eighteen inches from the edge of the
curb. Those machines placed adjacent to the wall of a building
shall be placed parallel to such wall and not more than eighteen
inches from the wall. No such machine shall be placed or
_ maintained on the sidewalk or parkway opposite another
publication vending machine or group of such machines where
placement will cause the effect of an alleyway. ("Parkway" for
purposes of this chapter means that area between the sidewalks
and the curb of any street or highway, and when there is no
sidewalk, that area between the edge of the roadway and the
property line adjacent thereto. Parkway also includes any area
with a roadway which is not open to vehicular traffic.)
(5) No publication vending machine shall be chained, bolted
or otherwise attached to property not owned by the owner of said
machine or to any permanently fixed object, unless the owner of
said machine shall have first obtained the written permission of
the owner of the object to which the machine is affixed.
(6) Publication vending machines may be placed next to each
other, provided they are uniform in nature and that no group of
said machines shall extend more than twelve and one-half feet
along the curb and a space of no less than three feet shall
separate such group of machines where such grouping affects
passageway. Groups of machines may be placed in "_L" or "u"
shapes where such grouping does not interfere with the flow of
traffic.
(7) Such machines may be chained or otherwise attached to
one another.
(8) No such machine permitted under subsection (6) of this
section shall weigh, in the aggregate, in excess of one hundred
fifty pounds when empty unless easily separable.
(9) Notwithstanding any other provision of this chapter, no
publication vending machine shall be placed, installed, used or
maintained:
(A) Within five feet of any marked crosswalk;
(B) Within fifteen feet of the curb return of any
unmarked crosswalk;
(C) Within five feet of any fire hydrant, fire
callbox or any other emergency facility;
(D) Within five feet of any driveway;
(E) Within five feet ahead of or twenty-five feet to
the rear of any sign marking a designated bus stop;
(F) Within six feet of any bus bench;
(G) In any location whereby the cross space or the
passageway of pedestrians is reduced to less than six feet;
(H) Within three feet of any area improved with lawn
or flowers, or within three feet of any display window or any
building abutting the sidewalk or parkway or in such manner as to
impede or interfere withthe reasonable use of such window for
display purposes;
(1) Within one hundred feet of any other such machine
on the same side of the street within the same block containing
the same edition of the same publication, unless said machine is
immediately adjacent to the machine carrying said same edition
and is necessary to satisfy greater market demand.
(10) No much machine shall be used for advertising signs or
publicity purposes other than dealing with the display sale, or
purchase of the publications sold therein.
(11) Each such machine shall be maintained in a clean, neat
and attractive condition and in good repair at all times.
(12) Should the regulations contained in subsections (6),
(7) and (9) of this section result in less space being available
at a given location than would be necessary to accommodate all
the applicants desiring to place machines thereat, then the
priority for permit issuance shall be in the following order
(provided that this is not intended to be authority to displace
any existing permittee without such permittee's consent):
(A) Newspapers carrying legal notices of the city;
(B) Daily newspapers;
(C) Weekly publications;
(D) All other publications.
(13) Each such machine shall have affixed thereto the
dealer's and the owner's name and address in a place where it may
be seen by anyone using the machine, in compliance with these and
any other requirements of Section 17570 of the California
Business and Professions Code.
14.16.463 Publication vending machines --Authority of city
manaqer to adopt regulations. (a) The city manager is
empowered to adopt, and cause to be enforced, reasonable
standards and regulations (not inconsistent with this chapter) to
implement the provisions and purposes of this chapter, based upon
street and pedestrian traffic requirements, access to parking
places and facilities, and public safety, health and welfare.
This includes authority to promulgate standards for uniformity of
design and appearance of machines for which permits will be
issued, in an effort to minimize adverse visual aspects and other
detriments to the public interest.
(b) The city manager is further empowered to adopt a
reasonable program for fixing times for compliance by present
-- users who are nonconforming with respect to possessing permits or
being in compliance with this chapter or the standards and
regulations to be adopted in implementation, with a view to not
causing nonconforming users to have to be in compliance at any
earlier time than would be practically and economically
reasonable in each individual case, while at the same time
achieving the purposes herein sought at the earliest time which
is legal and appropriate.
14.16.464 Publication vending machines--Saecial provisions
for permits and applications. No permit under this chapter for
a publication vending machine shall be issued, nor be deemed in
force and effect, unless the following items are complied with,
and kept current as applicable:
(1) Every applicant shall file a written statement
(satisfactory to the city attorney) that he understands and
agrees that upon a permit being isued the permittee assumes
liability and "hold harmless" obligations as specified in Section
14.16.110 of this chapter.
(2) Every applicant shall demonstrate that any required
permit or license for the business activity involved has been
issued or applied for. Thereafter the said license shall be kept
current as a condition of the permit remaining in effect.
(3) Every applicant and permittee shall provide initially,
and thereafter upon demand by the director, satisfactory evidence
that he has, and will keep in force as long as the publication
vending machine is allowed to remain on public property, a policy
of public liability insurance against liability for injuries to
persons or property arising out of accidents attributable to the
publication vending machine(s) on city property, with limits of
at least one hundred thousand dollars for injury or death to any
one person, three hundred thousand dollars for injury or death
arising from any one accident or occurrence, and ten thousand
dollars for property damage. The policy of insurance so provided
shall contain a contractual liability endorsement covering the
"hold harmless" liability assumed by the permittee by the terms
of his permit and shall contain a provision that such policy may
not be cancelled except after thirty days notice in writing given
to the city clerk of the city. Copies of these policies or
certificates evidencing the same shall, after approval of the
city attorney, be filed with the officer of the city in charge of
the city's insurance program.
(4) The bond requirement in Section 14.16.200 of this
chapter may be waived by the director in any case when he deems
it in the public interest to do so.
14.16.465 Publication vendino machines --Removal of
machines in violation. Upon determination by the director that
a publication vending machine has been installed, placed, moved,
used or maintained in violation of any provision of this chapter,
the following procedure may be utilized in lieu of, or in
addition to, other available legal remedies (such as prosecution
or public nuisance abatement). If the offending machine is not
properly identified as to the owner, under the provisions of this
chapter, and if its ownership is otherwise not apparent to the
director, the machine shall be removed immediately and processed
as unclaimed property (unless ownership is thereafter claimed and
substantiated) under applicable provisions of law. In other
cases, an order to correct the offending condition may be issued
to the owner or custodian of said machine. Such order shall be
telephoned (if practicable) to the owner or custodian and
confirmed by mailing a copy of said order by certified mail,
return receipt requested. The order shall specifically describe
the offending condition and suggest actions necessary to correct
it. Failure to properly correct the offending condition within
seven days after the mailing of the order may result in the
offending machine being summarily removed. Thereafter the
director shall take reasonable steps to notify the owner thereof.
Upon failure of the owner to claim such machine and pay the
expenses of removal and storage within thirty days after such
removal, the machine shall be processed as unclaimed property
under applicable provisions of law. Whenever a machine mentioned
in this section has had a violation corrected, or has been
reinstalled after removal under this section, the director shall
cause an inspection to be made thereof, and the permittee shall
be charged an additional inspection fee or fees in such amount or
amounts as may have been established by resolution of the city
council. Any person aggrieved by any action taken under this
section shall have his rights of appeal per Sections 14.16.510 et
seq. of this chapter. Upon the filing of any such appeal, if the
city manager does not take action to adjust the matter to the
appellant's satisfaction, the appeal shall be presented to the
city council per the above -mentioned sections.
14.16.466 Publication vending machines --Other violations.
In the case of violations of this chapter relative to
restrictions upon attachments of said machines to property other
than that owned by the owner of the machine, to fixed objects or
to each other, and upon locations of said machines, any city
employee authorized by the city manager may, as an alternative to
removal under the provisions of this chapter, remove such
attachment and/or move such machine or machines in order to
restore them to a legal condition.
14.16.470 Franchises. (a) Every person having a
franchise, special permit, license or other effective permission
to erect, construct, place and maintain utilities or other
facilities or equipment within public streets or rights -of -way of
the city, shall not by reason of such permission be deemed to be
relieved from the requirements and provisions of this chapter.
(b) Any proposal or application by any person not already
having a franchise or other effective permission, to place
utilities facilities or equipment within public streets or
rights -of -way of the city, shall be submitted to the city manager
prior to the granting of any encroachment permits pursuant to
this chapter. The city manager shall report to the city council
the fact of such proposal or application and any pertinent
information, regarding the granting of a franchise, license or
special permit for the proposed use of the streets or other
privilege. If the city council determines to require a
r` franchise, license or special permit as a condition to the use of
the streets or other privilege to be granted by the city, the
provisions of Sections 6000 et seq., or Sections 6201 et
seq. of the Public Utilities Code of the state or any other
applicable provisions of law shall pertain to such franchise,
license or permit. If the city council determines that a
franchise, license or special permit is not necessary to provide
for the best interests of the city, or that a requirement for
such a franchise, license or special permit is precluded by
applicable law, the matter shall be referred back to the director
for the granting of encroachment permits pursuant to this
chapter. No provision of this subsection shall be deemed to
relieve an applicant, whether or not a franchise or other
privilege is granted, from obtaining any necessary conditional
use permit pursuant to the city's zoning ordinance, or from
complying with any other applicable regulations and laws.
14.16.480 Maps showing pipes and conduits. Every public
service corporation and corporation providing cable television
service, maintaining pipes, conduits or other equipment in the
streets of the city shall file with the director during the month
of January of each year, maps indicating the size and location of
each pipe or conduit owned and maintained by such corporation in
the streets of the city.
14.16.490 Revision of maps. After said corporation has
in the first instance filed such map, it may thereafter in lieu
of filing a new map each year revise the map on file so as to
show changes and extensions.
14.16.500 Maps showier abandoned equipment. Each map or
set of maps filed pursuant to the provisions of Sections
14.16.480 through 14.16.500 shall show in detail the .location of
all such pipes, conduits, ducts, tunnels or other equipment or
structures abandoned by such corporation subsequent to the filing
of the last preceding map or set of maps.
14.16.510 Appeal --Right. Any person aggrieved. by the
action of any administrative official of the city acting under
this chapter may appeal such decision to the city council.
14.16.520 Appeal --Filing method. Such aggrieved person
as provided in the preceding section shall file notice of appeal
in writing with the city clerk within seven days after final
action of the administrative official whose action is being
appealed.
_ 14.16.530 Appeal --Action of city council. Unless an
adjustment of the matter is made by the city manager satisfactory
to the appellant, the city council shall promptly hear the
appeal, and the city council may affirm, modify or reverse the
action of the administrative official from whom the appeal is
taken.
Chapter 14.20
NDVING BUILDINGS
Sections:
14.20.010 Title.
14.20.020 Permit --Required.
14.20.030 Permit --Issuance.
14.20.040 Application for permit --Forms.
14.20.050 Separate applications, permits required.
14.20.060 Filing fee.
14.20.070 Indemnity deposit.
14.20.080 Prerequisites to issuance --Absence of public
detriment.
14.20.090 Permit upon terms --Conditions.
14.20.100 Contents of application.
14.20.110 Submission of plans to planning commission --
Public hearing.
14.20.120 Approval of plans by the planning commission.
14.20.130 Deposit or bond--Conditions--Forfeiture.
14.20.140 Clean-up bond.
14.20.150 Use of clean-up bond.
14.20.160 Plot plan --Photographs of building.
14.20.170 Plans of proposed appearance of building.
14.20.180 Supervision of moving.
14.20.190 Inspection fee.
14.20.200 Damage to street or property--Restoration--Cost.
14.20.210 Lights on building.
14.20.220 Hours for use of streets.
14.20.010 Title. This chapter shall be known as and may
be referred to at the "housemoving ordinance."
14.20.020 Permit --Required. No person, firm or
corporation shall move any building or structure heretofore or
hereafter constructed or any section thereof over, upon, along or
across any public street within this city without first obtaining
a permit for that purpose from the city manager.
14.20.030 Permit --Issuance. No permit shall be issued by
the city manager except upon compliance with the terms and
conditions hereinafter in this chapter set forth.
14.20.040 Application for permit --Forms. Application to
the city manager shall be made prior to the issuance of any
permit; and said application shall be made in writing upon blanks
and forms to be provided by the city manager and filed with the
city manager.
14.20.050 Separate applications, permits required. A
separate application shall be made to, and a separate permit
obtained from the city manager for the moving of each separate
structure or building or section or portion thereof.
14.20.060 Filing fee. There shall be paid to the city
manager at the time of the filing of said application or
applications, a processing fee or fees in an amount or amounts as
established by resolution of the city council to defray the
expense of investigation and processing.
14.20.070 Indemnity deposit. There shall be deposited in
the office of the city manager at the time of filing the
application for a permit a sum of money in such amount as has
been established by resolution of the city council, to indemnify
the city for the expense of any repair to city streets,
rights -of -way, or other public property, occasioned by the
applicant and chargeable to the applicant under Section
14.20.090,for each such application. No application shall be
accepted for filing unless accompanied by the said deposit.
14.20.080 Prerequisites to issuance --Absence of public
detriment. No such permit shall be issued by the city manager
unless the city manager shall first find that the granting of
such permit will not be materially detrimental or injurious to
the public safety or public welfare, or to the property and
improvements in the district to which such building or structure
is proposed to be moved.
14.20.090 Permit upon terms --Conditions. Upon
determining that the granting of any such permit is justified and
meets said requirements, the city manager may grant such permit
upon such terms and conditions as he may deem necessary and
proper, to the end that the relocation of such building or
structure will not be materially detrimental or injurious to
public safety or public welfare, or the property and improvements
in the district to which such building or structure is proposed
to be moved, or to any person or property necessarily involved in
such removal, whether public or private.
14.20.100 Contents of application. Each application
shall show!
(1) KIND OF BUILDING. The kind of building or structure to
be moved;
(2) PROPOSED LOCATION. The street location or other
identifying description to which the said building or structure
is to be moved;
(3) ROUTE. The route over, along, across or upon which
such building or structure is to be moved;
(4) PLANS. Detailed plans and specifications showing the
building or structure in its completed form at its new location;
(5) NUMBER OF SECTIONS. The number of sections in which
the building or structure will be moved;
(6) TINE SCHEDULE. The time proposed for the moving of said
building or structure, together with the time required to
complete the removal;
(7) OWNER OF BUILDING. The name of the owner of such
building or structure;
(8) AGE OF BUILDING. THe approximate date when such
building or structure was erected;
(9) PRESENT VALUE, PROSPECTIVE VALUE OF BUILDING. The
estimated cost or value of the building or structure proposed to
be moved, and the estimated cost or value of same when the
removal or reconstruction has been completed;
(10) OTHER INFORMATION. Such other pertinent information
as the city manager may require.
14.20.110 Submission of plans to planning commission --
Public hearing. The detailed plans and specifications provided
for by Section 14.20.100(4) shall be first submitted to the city
planning commission. The planning commission shall thereupon
provide for a public hearing to be held in the manner provided
for conditional use permits in the zoning ordinance of the city.
14.20.120 Approval of plans by the planning commission.
The planning commission, after holding the public hearing
provided for by Section 14.20.110, shall make a determination to
approve or disapprove the housemoving permit applied for. The
planning commission shall make a finding as to whether the move
of the building to the proposed site in the application will be
compatible with the best interests of the public health, safety,
morals and general welfare. If the planning commission does
grant the house moving permit, the planning commission may impose
such conditions as are necessary to protect the public health,
safety, morals and general welfare.
14.20.130 Deposit or bond--Conditions--Forfeiture. A
cash deposit or surety bond in favor of the city shall be
deposited with the city manager in an amount equal to the value
of the work contemplated by the building permit, upon condition
that such work will be fully completed in accordance with the
directions of the planning commission, the building permit and
all applicable city regulations within a period of ninety days
following issuance of the building permit; otherwise the full
amount of the deposit or bond will be forfeited to the city.
14.20.140 Clean-up bond. In addition to the bond
required pursuant to Section 14.20.130, an appicant shall post
with the city a cash bond in an amount to be determined by the
city manager, not to exceed such maximum amount as may have been
established by resolution of the city council, to insure clean-up
of debris, concrete, foundations, and other materials left at the
site. This bond shall be required only of an applicant desiring
to move a building or structure from a point within the city to a
point outside the city limits.
14.20.150 Use of clean-up bond. An applicant desiring to
move a building out of town shall have a period of thirty days in
which to clean up the site in accordance with the instructions of
the city manager. If the site is cleaned in accordance with the
instructions of the city manager within thirty days, the entire
cash bond shall be returned to applicant or the person posting
same. If the site is not cleaned in accordance with the
instructions of the city manager, then the city manager shall be
empowered to use all or a portion of the cash bond to accomplish
the remaining clean-up requirements. If all the bond is not used
_ by the city manager, then that portion remaining shall be
returned to the applicant or the person posting the bond. Should
the cleaning up of the site require an amount in excess of the
bond posted, then such cost shall be a claim against the
applicant, due and owing to the city.
14.20.160 Plot plan --Photographs of building. Each such
application shall be accompanied by a plot plan showing the
location and size of the lot to which the building or structure
is to be moved together with photographs of all sides of said
building or structure, showing the general architectural design
and appearance of the building or structure proposed to be moved.
14.20.170 Plans of proposed appearance of buildina. In
the event that any material alteration, repair or other work is
proposed to be done upon the building or structure after removal
has been completed, then plans shall be furnished showing the
general architectural design and appearance of the building or
structure on all sides after such work has been completed.
14.20.180 Supervision of moving. Every building or
structure or portion thereof moved over, upon, along, or across
any street shall be moved under the inspection and supervision of
the city manager.
14.20.190 Inspection fee. The applicant shall pay to the
city an inspection fee in an amount as established by resolution
of the city council, in addition to the fees and deposits
hereinbefore mentioned and required in this chapter.
14.20.200 Damage to street or property--Restoration--Cost
In case of damage to any street or other public property by
reason of the moving of any building or structure or portion
thereof, the city manager shall do such work as may be necessary
to restore the street or other public property to as good
condition as same was in prior to such damage and shall charge
the cost thereof to the applicant for permit, and deduct said
costs from the indemnity deposit required by Section 14.20.070.
14.20.210 Lights on building. No person moving any
building or structure or portion thereof over, upon, along or
across any street shall fail, neglect or refuse to keep a red
light burning at all times between sunset and sunrise at each
corner of such building or structure or portion thereof and at
the end of any projection thereon while the same or any past
thereof is located in or upon any street or other public place.
14.20.220 Hours for use of streets. The hours during
which moves are to be made on public highways shall be determined
by the city manager.
Chapter 14.24
WATER AND RUBBISH IN STREETS
Sections:
14.24.010 Sweeping and washing of debris and petroleum
products into street.
14.24.020 Permitting water to flow into street.
14.24.030 Washing of pavement adjoining street.
14.24.040 Care in washing.
14.24.050 Notice to ban water during street repair.
14.24.060 Draining of swimming pools --Permit required.
14.24.010 Sweeping and washing of debris and petroleum
Products into street. No person shall wash, sweep or brush any
waste, trash or rubbish, grease, oil or similar petroleum
products from sidewalks, driveways, courtyards, service yards, or
service station premises, or from any private premises, into the
public streets, roadways, or gutters. Such materials shall be
collected in suitable containers and disposed of as refuse.
14.24.020 Permitting water to flow into street.
Excepting as expressly permitted by Sections 14.24.030 and
14.24.060, no person shall use water upon any sidewalk, driveway,
courtyard, service yard, parkway, lawn or any private premises
within the city for any purposes, in such a manner that water is
allowed to run into and accumulate in, or flow away in, the
public streets, roadways or gutters.
14.24.030 Washing of pavement adjoining street. Between
the hours of five a.m. and nine a.m., water may be used to
cleanse paved surfaces of public and private premises; provided
it is used only in such quantity and with such pressure necessary
to remove dirt or foreign matter from the paved surfaces; and
provided that no grease, oil or other petroleum products are
washed into the public streets, roadways or gutters.
14.24.040 Care in washing. In the process of such
cleansing as permitted by Section 14.24.030, no person shall
interfere with the free and unrestricted passage of pedestrians
or vehicles on the public streets or sidewalks, or cause or allow
water to fall upon such pedestrians or vehicles.
14.24.050 Notice to ban water during street repair. In
order to provide for the repair and maintenance of public
streets, works and property, the city manager is authorized to
give written notice to the persons owning or controlling any
premises in the city, either by personal delivery or by posting
upon the premises, providing for a specified time, to commence
not less than twenty-four hours after the delivery or posting of
the notice, and to continue for not more than thirty days in all,
during which period of time so specified in the notice, no person
shall cause or allow any water to run into the public streets,
roadways or gutters from the premises specified in the notice, or
the sidewalks, driveways, courtyards, service yards, parkways or
lawns on such premises or adjacent thereto.
14.24.060 Draining of swimming pools --Permit required.
No person shall drain or permit to be drained, to a public
street, any swimming pool owned or controlled by such person,
unless and until a permit so to do has been obtained from the
city manager. Such permits shall be issued upon appropriate
application therefor, accompanied by such fee as may have been
prescribed by resolution of the city council, and upon the city
manager determining that the time and place when and where such
pool draining will be allowed will not be detrimental to the
public interest or welfare, will not result in any undue hazard
or inconvenience to the public, and will not result in any damage
to public or private property.
Chapter 14.28
UNDERGROUND UTILITY DISTRICTS
Sections:
14.28.010 Definitions.
14.28.020 Public hearing by council.
14.28.030 Council may designate underground utility
districts by resolution.
14.28.040 Unlawful acts.
14.28.050 Exception --Emergency or unusual circumstances.
14.28.060 Other exceptions.
14.28.070 Notice to property owners and utility companies.
14.28.080 Responsibility of utility companies.
14.28.090 Responsibility of property owners.
14.28.100 Responsibility of the city.
14.28.110 Extension of time.
14.28.010 Definitions. Whenever in this chapter the
words or phrases hereinafter in this section defined are used,
they shall have the respective meanings assigned to them in the
following definitions:
(1) "Commission" shall mean the Public Utilities Commission
of the State of California.
(2) "Underground utility district" or "district" shall mean
that area in the city within which poles, overhead wires, and
associated overhead structures are prohibited as such area is
described in a resolution adopted pursuant to the provisions of
Section 14.28.030.
(3) "Person" shall mean and include individuals, firms,
corporations, partnerships, and their agents and employees.
(4) "Poles, overhead wires and associated overhead
structures" shall mean poles, towers, supports, wires,
conductors, guys, stubs, platforms, crossarms, braces,
transformers, insulators, cutouts, switches, communication
circuits, appliances, attachments and appurtenances located
above -ground within a district and used or useful in supplying
electric, communication or similar or associated service.
(5) "Utility" shall include all persons or entities
supplying electric, communication or similar or associated
services by means of electrical materials or devices.
14.28.020 Public hearing by council. The council may
from time to time call public hearings to ascertain whether the
public necessity, health, safety or welfare requires the removal
of poles, overhead wires and associated overhead structures
within designated areas of the city and the underground
installation of wires and facilities for supplying electric,
communication, or similar or associated service. The city clerk
shall notify all affected property owners as shown on the last
equalized assessment roll and utilities concerned, by mail, of
the time and place of such hearings at least ten days prior to
the date thereof. Each such hearing shall be open to the public
and may be continued from time to time. At each such hearing all
persons interested shall be given an opportunity to be heard.
The decision of the council shall be final and conclusive.
14.28.030 Council may designate underground utility
districts by resolution. (a) If, after any such public hearing
the council finds that the public necessity, health, safety or
welfare requires such removal and such underground installation
within a designated area, the council shall, by resolution,
declare such designated area an underground utility district and
order such removal and underground installation.
(b) The council shall also make one or more of the
following findings:
(1) That such undergrounding will avoid or eliminate an
unusually heavy concentration of overhead electric facilities;
(2) The street or road right-of-way is extensively used by
the general public and carries a heavy volume of pedestrian or
vehicular traffic;
(3) The street or road right-of-way passes through a civic
area or public recreation area or an area of unusual scenic
interest to the general public.
(c) Such resolution shall include a description of the area
comprising such district and shall fix the time within which such
removal and underground installation shall be accomplished and
within which affected property owners must be ready to receive
underground service. A reasonable time shall be allowed for such
removal and underground installation, having due regard for the
availability of funds, labor, materials and equipment necessary
for such removal and for the installation of such underground
facilities as may be occasioned thereby.
14.28.040 Unlawful acts. Whenever the council creates an
underground utility district and orders the removal of poles,
overhead wires and associated overhead structures therein as
provided in Section 14.28.030, it shall be unlawful for any
person or utility to erect, construct, place, keep, maintain,
continue, employ or operate poles, overhead wires and associated
overhead structures in the district after the date when said
overhead facilities are required to be removed by such
resolution, except as said overhead facilities may be required to
furnish service to an owner or occupant of property prior to the
performance by such owner or occupant of the underground work
necessary for such owner or occupant to continue to receive
utility service as provided in Section 14.2B.090, and for such
reasonable time required to remove said facilities after said
work has been performed, and except as otherwise provided in this
chapter.
14.28.050 Exception --Emergency or unusual circumstances.
Notwithstanding the provisions of this chapter, overhead
_ facilities may be installed and maintained for a period, not to
exceed ten days, without authority of the council in order to
provide emergency service. The council may grant special
permission, on such terms as the council may deem appropriate, in
cases of unusual circumstances, without discrimination as to any
person or utility, to erect, construct, install, maintain, use or
operate poles, overhead wires and associated overhead structures.
14.26.060 Other Exceptions. In any resolution adopted
pursuant to Section 14.28.030, the following are exempted unless
specifically included in the resolution:
(1) Any municipal facilities or equipment installed under
the supervision and to the satisfaction of the city engineer.
(2) Poles, or electroliers used exclusively for street
lighting.
(3) Overhead wires (exclusive of supporting structures)
crossing any portion of a District within which overhead wires
have been prohibited, or connecting to buildings on the perimeter
of a district, when such wires originate in an area from which
poles, overhead wires and associated overhead structures are not
prohibited.
(4) Poles, overhead wires and associated overhead
structures used for the transmission of electric energy at
nominal voltages in excess of 34,500 volts.
(5) Overhead wires attached to the exterior surface of a
building by means of a bracket or other fixture and extending
from one location on the building to another location on the same
building or to an adjacent building without crossing any public
street.
(6) Antennae, associated equipment and supporting
structures, used by a utility for furnishing communication
services.
(7) Equipment appurtenant to underground facilities, such
as surface mounted transformers, pedestal mounted terminal boxes
and meter cabinets, and concealed ducts.
(8) Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with construction
projects.
14.28.070 Notice to property owners and utility companies.
(a) Within ten days after the effective date of a resolution
.adopted pursuant to Section 14.28.030, the city clerk shall
notify all affected utilities and all persons owning real
property within the district created by said resolution of the
adoption thereof. Said city clerk shall further notify such
affected property owners of the necessity that, if they or any
person occupying such property desire to continue to receive
electric, communication, or similar or associated service, they
or such occupant shall provide all necessary facility changes on
their premises so as to receive such service from the lines of
the supplying utility or utilities at a new location.
(b) Notification by the city clerk shall be made by mailing
a copy of the resolution adopted pursuant to Section 14.28.030,
together with a copy of this chapter, to affected property owners
as such are shown on the last equalized assessment roll and to
the affected utilities.
14.28.080 Responsibility of utility companies. If
underground construction is necessary to provide utility service
within a district created by any resolution adopted pursuant to
Section 14.2B.030, the supplying utility shall furnish that
portion of the conduits, conductors and associated equipment
required to be furnished by it under its applicable rules,
regulations and tariffs on file with the Commission.
14.28.090 Responsibility of property owners. (a) Every
person owning, operating, leasing, occupying or renting a
building or structure within a district shall construct and
provide that portion of the service connection on his property
between the facilities referred to in Section 14.28.080 and the
termination facility on or within said building or structure
being served. If the above is not accomplished by any person
within the time provided for in the resolution enacted pursuant
to Section'14.28.030, the city engineer shall give notice in
writing to the person in possession of such premises, and a
notice in writing to the owner thereof as shown on the last
equalized assessment roll, to provide the required underground
facilities within ten days after receipt of such notice.
(b) The notice to provide the required underground
facilities may be given either by personal service or by mail.
In case of service by mail on either of such persons, the notice
must be deposited in the United States mail in a sealed envelope
with postage prepaid, addressed to the person in possession of
such premises at such premises, and the notice must be addressed
to the owner thereof as such owner's name appears, and must l:.e
addressed to such owner's last known address as the same appears
on the last equalized assessment roll, and when no address
appears, to General Delivery, City of La Quint If notice
is given by mail, such notice shall be deemed to have been
received by the person to whom it has been sent within
forty-eight hours after the mailing thereof. If notice is given
by mail to either the owner or occupant of such premises, the
city engineer shall within forty-eight hours after the mailing
thereof, cause a copy thereof, printed on a card not less than
eight inches by ten inches in size, to be posted in a conspicuous
place on said premises.
(c) The notice given by the city engineer to provide the
required underground facilities shall particularly specify what
work is required to be done, and shall state that if said work is
not completed within thirty days after receipt of such notice,
the city engineer will provide such required underground
facilities in which case the cost and expense thereof will be
assessed against the property benefited and become a lien upon
such property.
(d) If, upon the expiration of the thirty day period, the
said required underground facilities have not been provided, the
city engineer shall forthwith proceed to do the work; provided
however, if such premises are unoccupied and no electric or
coummunications services are being furnished thereto, the city
engineer may in lieu of providing the required facilities,
authorize the disconnection and removal of any and all overhead
service wires and associated facilities supplying utility service
to said property. Upon completion of the work by the city
engineer, he shall file a written report with the city council
setting forth the fact that the required underground facilities
have been provided and the cost thereof, together with a legal
_ description of the property against which such cost is to be
assessed. The council shall thereupon fix a time and place for
hearing protests against the assessment of the cost of such work
upon such premises, which said time shall not be less than ten
days thereafter.
(e) The city engineer shall forthwith, upon the time for
hearing such protests having been fixed, give a notice in writing
to the person in possession of such premises, and a notice in
writing thereof to the owner thereof, in the manner hereinabove
provided for the giving of the notice to provide the required
underground facilities, of the time and place that the council
will pass upon such report and will hear protests against such
assessment. Such notice shall also set forth the amount of the
proposed assessment.
(f) Upon the date and hour set for the hearing of protests,
the council shall hear and consider the report and all protests,
if there be any, and then proceed to affirm, modify or reject the
assessment.
(g) If any assessment is not paid within five days after
its confirmation by the council, the amount of the assessment
shall become a lien upon the property against which the
assessment is made by the city engineer, and the city engineer is
directed to turn over to the Assessor and Tax Collector a notice
of lien on each of said properties on which the assessment has
not been paid, and the said Assessor and Tax Collector shall add
the amount of said assessment to the next regular bill for taxes
levied against the premises upon which said assessment was not
paid. Said assessment shall be due and payable at the same time
as said property taxes are due and payable, and if not paid when
due and payable, shall bear interest at the rate of ten percent
(10%) per annum.
14.28.100 Responsibility of the city. City shall remove
at its own expense all city -owned equipment from all poles
required to be removed hereunder in ample time to enable the
owner or user of such poles to remove the same within the time
specified in the resolution enacted pursuant to Section
14.28.030.
14.28.110 Extension of time. In the event that any act
required by this chapter or by a resolution adopted pursuant to
Section 14.28.030 cannot be performed within the time provided on
account of shortage of materials, war, restraint by public
authorities, strikes, labor disturbances, civil disobedience, or
any other circumstances beyond the control of the actor, then the
time within which such act will be accomplished shall be extended
for a period equivalent to the time of such limitation.
Chapters:
16.02
Sertinns:
Title 16
MISCELLANEOUS COUNTY ORDINANCES
ADOPTED BY REFERENCE
County Ordinances Remaining In Effect As City
Ordinances
Chapter 16.02
COUNTY ORDINANCES REMAINING IN
EFFECT AS CITY ORDINANCES
16.02.010 Incorporation by reference.
16.02.020 Adoption by reference of implementing
regulations.
16.02.030 Substitution of terms.
16.02.010 Incorporation by reference. The hereinbelow
listed ordinances of the County of Riverside, three (3) copies of
each of which are on file in the office of the City Clerk of the
City of La Q u i n t a , , California, including any and all
amendments thereto in effect as of February 3, 1982, except as
hereinafter modified, have been adopted as ordinances of the City
of La Q u in t a by reference, and shall remain in effect until
appropriately repealed, amended or superseded by th City
Council:
RIVERSIDE COUNTY
ORDINANCE NUMBER
SUBJECT MATTER
(1)
340
- Drilling of Water Wells;
(2)
348
- Land Use Ordinance Including Zoning
District Maps;
(3)
369
- Permit System for Discharging or
Depositing Sewage;
(4)
421
- Requiring Certain Excavations to be
Covered;
(5)
431
- Controlling the Location and Operation
of Hog Ranches;
(6)
454
- Regulating Storage, Installation and
Maintenance of Motor Fuels and
Facilities and Apparatus Therefor;
(7)
458
- Regulating Flood Hazard Areas and
Implementing the National Flood
Insurance Program;
(8)
460
- Regulating Land Subdivision;
(9)
461
- Subdivision Road Development Standards;
(10)
463
- Providing for a County -Wide House
Numbering System;
(11)
465
- Regulating the Sanitation, Safety and
Cleanliness of Public Swimming
Pools; ,
(12)
468
- Control of Diseases in Livestock and
Regulating Corrals, Stockyards and
Feed Yards;
(13)
471
- Operation of Motor Vehicles on Riders'
and Hikers' Trails;
(14)
484
- Control of Blowing Sand;
(15)
492
- Regulating Food Establishments Other
Than Restaurants;
(16)
521
- Regulating Transporting of Food For
Commercial Purposes in Wholesale
Food Vehicles;
(17)
522
- Regulating Rock Festivals and Other
Outdoor Festivals;
(18)
523
- Control of Files by Health Officials;
(19)
524
- Regulating Oversize and Overweight
Vehicles and Loads;
(20)
525
- Regulating the Inspection, Maintenance
and Testing of Water Backflow
Prevention Devices;
(21)
527
- Control and Abatement of Fly Breeding;
(22)
534
- Control of Animals Running at Large
Other Than Dogs and Cats;
(23)
540
- Regulation of Persons Cleaning
Cesspools and Similar Facilities;
(24)
543
- Prohibiting Public Exposure of Private
Parts and Female Breasts by Waiters,
Waitresses and Entertainers;
(25)
547
- Implementing the Alquist-Priolo Special
Studies Zones Act re Geologic
Reports;
(26)
551
- Control of Bees;
(27)
554
- Establishing Health Service Fees;
(28)
555
- Implementing the Surface Mining and
Reclamation Act of 1975;
(29)
565
- Establishing•'Health Service Fees
Relating to Commercial Poultry
Ranches;
(30)
567
- Regulating Food Handlers.
16.02.020
Adoption by reference of implementing
regulations.
Additionally, all resolutions, rules and
regulations
of
the County of Riverside which have been so
applicable
in
implementation of the aforesaid ordinances or of
mandates
of State law (such as, but not limited to, the
California
Environmental
Quality Act), including the fixing of
fees, to the
extent that the same are effective as of the date of
February
3, 1982 and are not inconsistent with any similar
enactment
or ordinance of this City, are to remain in full force
and effect
as
resolutions, rules and regulations, respectively,
of the City of La Quint a, unless or unt i 1 superseded by any
enactment, rule or regulation, present or future, of this City.
16.02.030 Substitution of terms. (a) Whenever in the
enactments of the County of Riverside which are continued in
effect as aforesaid, there is a reference to "Board of
Supervisors", this reference shall be interpreted to mean the
"City Council of the City of La Quinta."
(b) Whenever in the enactments of the County of Riverside
which are continued in effect as aforesaid, there is reference to
"unincorporated area", this reference shall be interpreted to
mean "area within the City of La Quinta."
(c) Whenever it is appropriate under the circumstances, and
in the enactments of the County of Riverside which are continued
in effect as aforesaid, there is a reference to the "County of
Riverside", said reference shall be interpreted to mean the "City
o f La Quinta . 11
(d) Whenever in the enactments of the County of Riverside
which are continued in effect as aforesaid, there is a reference
to an office, department, official title, or other designation,
the reference shall be interpreted to mean that office,
department, title, or designation in the governmental structure
of the city, or if there is none, any official or department or
titleholder in the city which has been specifically directed by
the city council or the city manager to perform the functions
referred to or the duties imposed. If the Riverside County
official, department, titleholder or other designation continues
by law or by contract or otherwise to perform the functions
referred to or the duties imposed, then the said reference shall
not be changed until such time as there is a change in that
situation of functions performed or duties imposed.
(e) Whenever in the enactments of the County of Riverside
which are continued in effect as aforesaid, there is a reference
to "Planning Commission," "Area Planning Council," "East Area
Planning Council," "Land Division Committee" or "Desert Area Land
Division Committee," such reference shall be interpreted to mean
that these agencies are acting as agents or agencies of the City
of L a Q u i n t a, unt i t such time as the c i ty council has
created an agent or agency(s) within the city government
structure to otherwise perform the functions of the said county
agency or agencies, and until such time as said city agent or
agency has commenced functioning and has been directed to
undertake the particular function or functions theretofore
performed by the said county agency or agencies.
(f) Whenever in any provision of any county enactment which
is continued in effect as aforesaid, the word "shall" is used in
connection with actions, functions or responsibilities of any
public officer, employee, agent, department, division, bureau,
council, commission, board, agency or the city itself, such word
is not intended by the city council and shall not be construed as
imposing any mandatory duty to act in any specific manner, but
such word shall be construed in the same sense as "may" and is
intended only to vest a discretion to act or not to act, in
accordance with the reasonable exigencies of the particular
situation.
SECTION 2. VIOLATION - -PUN ISHvENTS. All the provisions of this
Ordinance are subject to Sections 1.01.200 and 1.01.230 of
the La Quinta Municipal Code, as follows:
Violation --Infraction. It shall be unlawful for any
person to violate any provision or fail to comply with any of the
requirements of this Code or the provisions of any code adopted
by reference by this Code or any provision of any ordinance of
the city not included within this Code. Any person violating any
of such provisions or failing to comply with any of the mandatory
requirements of this Code or any code adopted by reference by
this Code or any other city ordinance shall be guilty of an
infraction, unless such violation is specifically designated as
constituting a misdemeanor. Each such person shall be guilty of
a separate offense for each and every day during any portion of
which any violation of any provision of this Code, or any
provision of any code adopted by reference by this Code, or of
any other city ordinance, is committed, continued, or permitted
by such person, and may be punished accordingly.
Any provision or requirement of this Code or otherwise as
referred to above, the violation of which or the failure to
comply with which, is designated as an infraction, shall be
prosecutable as a misdemeanor upon a third violation and each
violation thereafter of the. same provision by the same
individual. In addition, any such violation or. failure to comply
may be prosecuted originally as a misdemeanor in the discretion
of the city attorney or any deputy district attorney, upon a
showing by the enforcing agency of _the seriousness of the
particular alleged violation.
Punishments. (a) Any person convicted of a misdemeanor
under the provisions of this Code shall be punishable by a fine
of not more than Five Hundred Dollars ($500), or by imprisonment
in the County jail for a period not exceeding six (6) months, or
by both such fine and imprisonment.
(b) Any person convicted of an infraction under' the
provisions of this Code shall be punishable for a first
conviction by a fine of not more than Fifty Dollars ($50), for a
second conviction within a period of one year by a fine of not
more than One Hundred Dollars ($100), and for a third or any
subsequent conviction within a period of one year by a fine of
not more than Two Hundred Fifty Dollars ($250).
SECTION 3. EXISTING PERMITS AND LICENSES WY SUFFICE. In those
instances where the provisions of this Ordinance require the
obtaining of any permit or license or other entitlement, and the
person so required to obtain the same has previously been issued
the same or similar permit, license or other entitlement for the
same purpose from authorities of the County of Riverside, the
City Manager may exempt the person from obtaining a new
entitlement for such period of time as is deemed appropriate and
proper by the CIty Manager, in his discretion.
SECTION 4. EFFECTIVE DATE, AND OPERATIVE DATE. This Ordinance
shall' be in force and effect thirty (30) days after passage,
provided, however, that the provisions of this Ordinance shall
not become operative until the date of August 29, 1982.
SECTION 5. POSTING. The City Clerk shall, within 15 1days after
the passage of this ordinance, cause it to be posted in at least
the 3 public places designated by resolution of the city council;
shall certify to the adoption and posting of this ordinance; and
shall cause this ordinance and its certification, together with
proof of posting, to be entered in the book of ordinances of this
City.
The foregoing ordinance was, approved and adopted at a
meeting of the city council held on July 20 ,
1982, by the following vote:
Ayes: Council Members Abbott, Baier, Cox, Henderson and Mayor
Wolff.
Noes: None.
Absent: None.
i
MAY
ATTEST:
C T CLEAK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ITY ATTORNEY CI Y NAGER
I hereby certify that the foregoing Ordinance was adopted by the City
Council of the City of La Quinta, California, at a meeting held on July 20,
1982, and that the Ordinance was posted in at least the three public places
specified for such postings by the City Council.
FRANK M. USHER, CITY CLERK