HomeMy WebLinkAboutOrd. No. 1970-480-4812:9 2
ORDINANCE N0. 480- ~
AN ORDINANCE OF THE C1TY OF ELSINORE, CALIFORNIA,
CREATING A NEW 7ANING DISTRICT OR ZONE TO BE &1VOWN
AS MC (MOBILEHOME COMMUNTPY DISTRICT) AND AMENDING
ORDINANCE N0. 349
THE MAYOR AND THE CITY COUNCIL qF TFiE CITY OF ELSINORE, CALIFORNIA, DO
ORDAIN AS FOLLOWS;
SECTION 1: Ordinance No. 349, Section 3(A) is hereby amended by adding
thereto a new zoning district to be known as MC (Mobilehome Community District).
SECTION 2: Sections 14,.15,.16, 17, 18, 19, 20, 21, 22,.23, 24, and 25
of Ordinance No. 349 are hereby amended by renumbering said sections, but
preserving the provisions therein contained. Said sections shall be renumbered
15, 16, 17,.18, 19, 20, 21, 22, 23, 24, 25, and 26, respectively, of Ordinance
No. 349, but preserving the provisions and content thereof.
SECTION 3: Ordinance No. 349 is hereby amended by adding thereto a new
section to be known as Section 14, to read as follows;
.SECTION 4; Purpose
The purpose of this Ordinance is,to provide for the orderly development
of areas of not less than ten (10) acres, to accommodate and allow Mobilehomes
to be situated on individually owned lots and to provide rules and regulations
related thereto. The provisions herein are not considered to encourage ,
Mobilehomes and other types of residential structures to be intermingled in
the same area.
SECTION 5; Permitted Uses
Onl the followin uses are ~V
Y g permitted in the MC (Mobilehome Community J
.District);
(A) One independent mobilehome per lot.
(B) Accessory buildings or uses pertinent only to the mobilehome, such
as a carport or garage, cabana., ramada, patio, utility or storage
room, swimming pool.
(C) Recreation buildings and outdoor recreation facilities sub,~ect to
approval of the Planning Commission and City Council, and for the
primary use of homeowners within the MC (Mobilehome Community District).
(D) No other mobilehome, camper, camp trailer or camp car is permitted to
be located on any lot except for storage. No utilities shall be
connected thereto.
SECTION 6: Signs
Signs permitted only as follows: -
(A) One nameplate, unlighted, and not exceeding one and one-half (1-Z)
square feet in area.
(B) One sign, not to exceed six (6) square feet in area, pertaining to
the sale or lease of Property on which such sign is located.
SECTION 7: Building Height and Area
(A) Buildings on individual lots:
(1) No mobilehome on an individual lot shall exceed the height of
35 feet or exceed two (2) stories in height.
(B)
~.
(2) A mobilehome shall have a minimum livable floor area of not
Tess than five hundred;( 500) square feet.
(3) Any other building or structure shall ,not exceed a height of
18. feet and 'shall exceed not. more than .one story. _
Recreation buildings or structures providing facilities for all
property owners within the district:
(1) Such buildings ,shall. not .exceed thirty-five (35) feet in height
,nor more than two (2) stories.
SECTION 8: Building Site Area
(A) The minimum area of any parcel of land for each mobilehome lot-shall
be ;riot .less than six thousand (6000) square feet, except that any
lot -which existed prior to the effective date of this ordinance may
be,used as a mobilehome site.
(B) Each lot shall be not less than fifty (50) feet in width except lots
.existing prior to this ordinance may be not less than forty (40)
feet. in.width.
SECTION 94 Front Yard
(A) A front yard o~not less than twenty. (20 ).feet measured from .the
front property-line.
SECTION 10; Side Yard
(A) Aside yard of not less than five (5) feet.
SECTION 11: Rear Yard -
(A) A rear yard of not ,less than fifteen (15) feet.
SECTION 12: Accessory Building
(A) The space between the mobilehome and any accessory building on the
same lot, when not .joined by a common wall or roof, shall be a
minimum distance of six (6) feet.
(B) Accessory buildings, shall be located only in the side or rear yards
shall not be situated closer to the property line than five (5) feet
except such accessory building :may be erected in the rear yard to
the property line..provided-the construction complies with the-fire
wall requirements of the U.B.C.-and all roof drainage is into the
property upon which the building is located.
(C) No accessory building shall cover more than one-third (1~3) of
the: rear, yard area..
SECTION 13'i Eaves, sills, porches, platforms, landings, airconditioning
units, etc.
~~~:
(A) Eaves, sills, cornices and other similar architecture features may
extend or project into the side yard not closer than three (3) .__
feet to the property line.
(B) Porches, platforms and. landings may extend into the required yards
as follows:
(1) Into front and rear yards not more than six (6) feet.-
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SECTION 14; Fences, walls and hedges
(A) Anyc~ere within any required yard or along a side lot line, the
following fences, walls or hedges may be located and maintained;.
(1) A fence, wall or hedge, not more than six (6)-feet in height
may be located along the"side or rear lot lines, provided that.
such fence,`wall or hedge does not extend into the required
front yard:.
(2) A fence, wall or hedge, not more than-four (4) feet in ~ I
height may be located along the aide lot line of-the front ,
yard and along the front property line.
SECTION 15: Off street. parking
(A) One (1) space for each mobilehome unit with a minimum improvement of
concrete surface and covered roof. -
(B) Off .street parking shall-not be located in the front yard setback area.
(C) The off street parking space shall be not less than nine (g)-feet
in width and not less than twenty (20) feet in length and such
space shall not be used for any other prupose which would prevent
automobile parking.
SECTION 16; Conditions and Exceptions
(A) Before any area in the City is used for uses provided herein the area
shall have the following public improvements:
(1) Public improvements:
(a) Streets shall be surfaced with not less than two (2) inches
of asphaltic concrete with four (4) inches of base material
except that if the native soil is`determned by the City
Engineer to be adequate the base material may be reduced.
(b) Concrete curb and gutter shall be installed.
(c) Concrete sidewalks shall be installed.
(d) Sewerage lines shall be installed as per City requirements
and provisions made to'connect thereto.
(e) Water lines 'shall be installed as per"City requirements
and provisions-made to connect thereto.
(f) Natural gas and electrical services shall be available
.and .provisions made to connect thereto.
(g) All utilities shall be underground except in areas where
overhead distribution lines exist and then all services
'- from9aYiei.existing line to the mobilehome shall be under-
ground.
(B) On Site Improvements
4~1) Prior to moving a mobilehome onto any lot a permit 'shall be
obtained from the City Building Inspector. Application for
such permit shall`inelude a plot plan showing yard set backs,
building deminsions and locations.
(2) Improvements Required
(a) All mobilehomes shall be provided with "Skirts" or other
suitable structures or foundation which encloses the space
between the ground and the floor of the mobilehome and
shall be subject to-the approval of the Building Inspector.
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SECTION 17: Permits and Fees
(A) Mobilehomes situated on individual lots shall
following permits.-and fees:
be subject to the
(1) Permit fee issued in accordance with Section 16, B (1) shall
be twenty-five (25) dollars plus any other applicable .fees
required by the fee schedule of the U.B.C. or State Laws
applicable to mobilehomes.
(2)
SECTION.18
Applications and Procedures for Esfablishing MC Zone
(Mobilehome Community District):
(A) A zone change application must be filed by the applicants in accordance
with the provisions o£ Ordinance No. 3~+9,
(B) Upon receiving such application the matter shall be set for public
hearing provided that the petition for such zone change is signed
by not less than 25~ of the property owners who own land in the
area proposed to be changed.
(C) The application for such zox}e change shall include:
(1) A map of the area showing all lots and demensions of all lots.
(2) All streets with width of all streets shown and a statement
indicating the existing condition of such streets.
(3) All utilities existing and proposes.
(4) A signed statement from not less than 25~ of-the property
owners to the effect that the improvements required will
be installed withintwo {2).years. ._
(D) Planning-Commission Action
If the Planning Commission determines that the area is suitable for
such use i.e. MC District, and is satisfied that the improvements.
required as set forth herein will be installed the Planning Commission
shall forward, their recommendation to the City Council.. The City -
Council,may set the:matter for public hearing..
(E) Reversionary Clause
If in the event the improvements as required herein are not
-installed within two (2) years the area zoned shall automatically,
revert to; its former zone classification.
SECTION 19: Waiver of provisions
(A) Provisions herein may be waived by the City Council, after first
.receiving-the recommendation of the Planning .Commission, provided
that the,epplicant Yor such waiver provide the Planning,Qommissdon
3n~~writir~~rta3.th~ all, materials andc;data supporting consideration of
such. waiver:
SECTION 20: Penalty
~_- Any person who violates ashy of the provisions of this ordinance is guilty
of a misdemeanor punishable by a fine not exceeding $500 or by imprison-
ment not .exceeding six (6) months or by both such fine and imprisonment.
Each day for which there is a violation of any of the provisions of this
ordinance constitutes a separate offense.
SECTION 21: Enforcement of ordinance generally
It shall be the duty of the duly appointed agent of the City of Elsinore
City Council to enforce the provisions of this ordinance.
SECTION 22: ,
An annual permit shall be issued by the Building Inspector
for each mobilehome located on an individual lot. .Such
annual permit fee shall be twenty-five (25) dollars and shall
be in addition to ax~y other fees required by law.
The City Clerk is hereby ordered and directed to certify the passage of the
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ordinance-and cause the'same to be published in the manner provided by law.
ADOPTED by the Mayor and City.Council and signed by the Mayor and attested
to by the City Clerk this 25th day of May; 1970.
s~ Norman L. Chaffin -
Mayor of the City of Elsinore
ATTEST:
s~Florene Marshall
City Clerk of the City of Elsinore
I, Florene Marshall, City.Clerk of the City of Elsinore, California, herey
certify that the foregoing Ordinancewas duly and regularly introduced at'a .
meeting of the City Council on the 11th day of May;'1970 and was duly adopted
on the 25th day of May, 1970 by the following roll call vote:
AYES: Councilmen Cartier, DePasquale; Harmatz, Perkins; Mayor Chaffin
NOES: None
ABSENP: None.
ORDINANCE N0. 481 J
AN ORDINANCE OF THE CITY OF ELSINORE REGULATING
AND LICENSING OUPDOOR FESTIVAIS
TAE CITY COUNCIL OF TAE CITY OF ELSINORE DOES ORDAIN AS FOLLOWS:
SECTION l: Definition of Outdoor Festival
"Outdoor festival"'means any music festival,-dance festival; "rock"
festival or similar musical activity, at which music is provided by paid or
amateur performers or by pre-recorded means, which is held at any place and to
which=:rmembers of the public are invited or admitted for a charge or free of
cost.
SECTION 2: License Requirement,
No person shall operate, maintain, conduct,' advertise; or sell or furnish
tickets for an outdoor festival in the City of Elsinore unless he shall first
obtain a license from the City of Elsinore to operate or conduct such festival.
SECTION 3: .License .Application
Application for a license to conduct an outdoor festival shall be made
in writing to the City Clerk of Elsinore at least sixty {60) days prior to
the time indicated for the commencement of the planned activity and shall
be accompanied by a nonrefundable application fee of $500.00; snd shall
contain the following information:
(1) ,The. name, age, residence and mailing address of the person making
said. application. If the application is made by a partnership;
the names and addresses of the 'partners must appear: Where the
applicant is a corporation, the application must be signed by the
president, vice president and secretary thereof and must contain
the'?a$dresses of said corporate officers; and a certified copy "
of the Articles of Incorporation shall be submitted with the
application.
(2) A statement df the kind; character;.or ype of festival which the
'applicant proposes to conduct, operate or carry on.
(3) The address or legal description of the place where the proposed
festival is to be conducted, operated or carried on. Additionally,
the applicant must submit proof 'of ownership of the place where
the festival is to be conducted or a statement signed by the owner
of the premises indica£ing his consent that-the site be used for the
proposed festival.
(4) The date or dates and the hours during which the festival is to be
conducted.
(5) An estimate of the number of customers, spectators; participants
'andtother persons. expected to attend the .festival for each day it
is conducted:
(6) The applicant shall provide nsmes and addresses of'agyone contributing,
investing or having a financial interest greater than, $500.00 in
producing the .festival
(7) At the time of making application. the applicant shall arrange to be
fingerprinted by the office of the Elsinore Police Department.
SECTION 4: Festival Plans
A detailed explanation of the applicant's .plans to provide security
and fire protection,. water supply and facilities, food supply and facilities,
sanitation facilities, medical iacilites and services, vehicle parking. space,
vehicle access and on-site traffic control, and,:, if it is proposed or expected
that spectators or participants will remain at night or overnight, the arrange-
ments for illuminating the premises and for camping or_ imilar facilities:
The applicant's plans shall include what provisions shall be made for numbers
of spectators in excess of the estimate, provisions for cleanup of. he premises
and removal of 2ubtiish after the event has concluded. -A plot plan showing ,
arrangement of-the facilities includfng those for parking, egress; and ingress
shall be submitted with said application. _
SECTION 5: Processing Application
Upon receipt. of a complete:-application and the. application fee,, the-City
Clerk shall set the application for public ,hearing at a regular meeting of the
City Council; not ess than 15 days~or more than 30 days. hereafter, and
shall give not less than 10 days: written.notice-thereof to the applicant.
The City Glerk shall promptly give notice of hearing and copies of_the application
to the Chief of Police,;the.County Health Officer; the City Manager,: the Planning
-irector, and the -irector of Building and Safety,-who shall investigate the
application and report in writing to the City Council nbt ater than the hearing,
with appropriate recommendations related to their official functions, as to
granting a license and conditions thereof.
SECTION 6: ,Consideration of Application byeCity Gouneil
Based .upon he testimony.<of he witnesses and evidence presented at said
hearing, including the report of said: :department heads, the City Council-shall
grant the license, .deny the 'license, or `set conditions which must be met, or
security given that they will be met,;before a license may be granted. If
conditions are imposed by the City Councih;:the applicant hall furnish or
cause to be furnished to said City Clerk proof that-all conditions have :been
met before the license may be issued bg,said City Clerk.
SECTION 7: :.Issuance- License Fee, Non-transferable hicense
When the City Clerk certifies that conditions have been met; the Tax
Collector shall, upon payment of $200.00 per day of operation, issue a license
specifying the name and address of the licensee,: the kind of festival licensed
and the number of days'. operation authorised. The licensee shall keep. said
license posted in<a conspicuous place:upon thepremises at which the festival
is conductedr-_ No license issued pursuant to this Chapter shall be transferable
or removed o another location.-
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SECTION 8: Licensing Conditions
At the hearing required under Section 5, the City Council may establish
conditions which must be met prior to the issuance of .any license under this
Chapter, except that the City Council may take a matter under submission before
determining which nonditions shall be imposed. Where the Council takes a
matter under submission, written notice of any conditions.imposed as pre-
requisite to the issuance of a license must be mailed to:the applicant within
fifteen (15) days of .the original hearing.
The conditions which may be imposed by the Gity Council pursuant to. the
City's general police power for the protection of health, safety and property
of local residents and persons attending festivals in the City are as follows:
~! (a) POLICE PROTECTION
"Every licensee-shall employ at his own expense, police protection.
2'he number and type of officers 'shall be determined and specified by
the Chief of Police of the City of Elsinore to provide for the
preservation or order and protection of property in and around the
place-of the festival. -Funds to employ this specified riumber:of
law enforcement officers-at the 'current hourly salary rate.'for-
policemen shall be deposited with the City. of Elsinore at 'least
ten (10) days prior to-the specified date the activity is to occur.
A-minimumaof ane`.iaw..enfor~ement:offeer>for every 500 persons expected
to be in attendance-shall 'be required. Where the Chief of Police
specified the employment of off-duty peace officers to meet the
requirements of this Chapter, said peace officers shall be under the
complete: direction and control of the Chief of Police of the City
of Elsinore. The Chief of. Police must be satisfied that the requisite
number of peace officers will be provided at all times of operations;
plus any specified time prior to and following the event, before s
license is issued"
(b) WATER 'FACILITIES
Every licensee shall provide from a water surveyor operating
under a permit as required under Section 4011 of the State Health
and Safety-Code an ample supply of potable-water for drinking and
sanitation purposes on the premises of the-festival. Location of
water facilities on the premises must be approved by the Health
Officer prior to issuance of a license...
The minimum supply of water to outdoor festival shall be
-fifteen (15) gallons of-water for each person in attendance per
day. A11-water shall meet 'U. S. Public Health-Service standards...:.
Public and private flush type water closets, lavatories .and drinking
facilities shall be required as determined by the Bounty Health
Officer. Sewage. and drainage systems relating to such .facilities
shall meet the requirements of the-Health and"Safety Code; and"be•
subject to the prior approval of the County Health Officer and-
County Building Official.-
(c) FOOD CONCESSIONS
Where the proposed festival is to be held a substantial distance
from public eating places, food handling places or like establish-
ments,'appli:cant'shaLl be required-to demonstrate that food will°be
available at-the premises for each day of operation to-adequately
feed the number'of persons expected to be in attendance.
Concessions must be licensed and operate under valid Health.
Department permit pursuant to local ordinances and state laws..'
Every licensee-shall provde'at least one flush type water-closet
and lavatory for each sex in a closed facility for :employees of
each food concession, or operation within the enclosure area of
such £ood operation unless otherwise approved by the Health Officer.
Under no circumstances shall the Health Officer allow such
flush type water closets and avatories to :be located more than
fifty (50) feet-from the 'food concession or operation.- All
lavatories required in conjunction with food concessions and-food
operations sha1T-be dispensed by an approved type mixing faucet.
ATl sewage, sink waste and waste water from water closets;
lavatories, sinks operated in connection with Yood concessions or
food operations shall be disposed of to a public sewer or a sewage
disposal system approved by the. County Health Officer and County
Building Official.
(d) SANITATION FACILITIES REQUIRED
Every licensee shall provide at least one enclosed flush type
water .closet facility .marked "men"`and one such facility marked
"women" on the premises of a festival on the basis bf one flush
type water closet for each forty (40) males and one-for each forty
(AO) females expected to be in attendance.` Urinals may be substituted.
for the required flush type water closets foremen on the-ratio of
one urinal and one .flush type water closet 'per sixty (60) males.--
Lavatories. provided with cold water under pressure, soap and
paper dowels shall be provided on the basis of one lavatory for
each seventy-five (75) persons expected to be in attendanae.
Where flush type water closets`cannot be=made available for the
persons in attendance the City Council msy allow the use of portable
chemical toilets. Such chemical toilets must meet the approval
of the County Health Officer before any license may be issued.
Chemical toilets shall be emptied and recharged'st the licensee's
.expense as necessary pursuant to procedures established by the
County Health Officer. The requirement for water flush type water
closets for food concessions, food operations and for the use of
employees may not be waived. `Every licensee shall be required to
furnish at least one (1) trash. can with thirty-six (36) gallon
capacity with a tight fitting lid for each twenty-five persons
expected to be in attendance, an adequate supply of plastic bag
liners to-fit the. trash receptacles-shall be provided and each
.container shall at all°times'have a plastic bag liner inserted and
when full it shall be tied,. removed and a new plastic bag liner
inserted. The pick up and: removal of refuse,'trash, garbage and
rubbish shall be at least once a day and more often if required by
the Health Officer.
A signed contract with a licensed refuse collector shall.
be submitted to the County Health Officer and a copy of same
filed with the Health Officer. Removal of sll trash and refuse
shall be at the licensee's. expense.
(e) MEDICAL FACILITIES
Where a proposed festival is expected to attract a large
number of .persons for a site located a'sr~bstantial distance
from. adequate existing treatment facilities the-applicant shall
be required to provide emergency medical treatment facilities
on the premises of the festival..
.Where the proposed festival is located close to adequate
existing facilities the applicant shall provide'as'required by
the Health Officer emergency treatment Paciiities on the premises
oY_thefestival.
The location of such`facilites, number of doctors,
psychiatrists, psyeholgists, nurses and other aides needed-to
..staff said facilities axid the quantity'of medical supplies,
drugs, ambulances, and other equipment `that must be on the'site shall
be approved the the County Health Officer prior to the issuance
of arty license under this Chapter.
The County Health Officer shall calculate the need for medical
services, based on the number of persons expected to attend a
festival,. their. expected age group,. the duration of events planned
and the possibility of exposure to inclement weather and outdoor
elements. Trafi'ic lanes and other adequate space shall be designated
and kept open for.. access and travel for ambulance; helicopter and
other emergency. vehicles to transport patients; or staff to ap-
propriate on and off-side treatment facilities.
(f) .PARKING' AREAS
Every licensee sfiall provide adequate parking space for persons
attending the festival by motor vehicle.`-
Persons desiring to operate sr conduct a festival may be called
upon to provide .a separate parking'space for every two (2) persons'
expected to attend the:festival by motor vehicle. Such individual
parking spaces shall be clearly waked and shall not be less than
twelve (12) feet wide and twenty (20) feet long. The Directors
of Building and Safety and Planning must approve an applicant's
"parking plan" before a license shall be issued.
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(g) ACCESS AND PARKING CON1'R1IL
Every licensee shall .provide adequate ingress and egress to
festival premises and parking. areas therefor. .Necessary roads,
drivewaysand entranceways shall exist to insure orderly flow of
traffic into;-the premises from s highway or road which is a part
of the County System:-of ,Highways or which is a highway maintained
by the State. of California., A special accessway for Pire equipment,
ambulances and. other emergency vehicles may be required. The
Director of Road Department must approve the licensee's plan for
ingress .and egress before a license shall be issued.
Additionally, any applicant may be required to show that i--~
traffic guards are under his employ to insure orderly traffic
movement and relieve traffic-congestion in the vicinity of the
festival area.
(h) HOURS OF OPERATION
All festivals which are subject to license under this Chapter
shall close and cease operation-continuously between the hours
of 12:00 midnight and 6-0GO,A.M. of each and every day.
(i) ILLUMINATION'.
Ebert' licensee planning to conduct a festival after dark,
or plawzing to allow persons who attend the festival to~:remain
on the premises after. dark, shall-provide electrical illumination
to. insure that those areas which are occupied are lighted at
all times. .The Director of Building and Safety must approve
the applicant's lighting plan as a prerequisite to issuance
of a license hereunder. A licensee may be required to illuminate.
specific areas on the premises in accordance with the :following
scale of .lighting intensity:
ILLUMINATION WATTS/SQ. FT.
Open areas reserved for spectators 0.50
Stage areas - 5.00
Parking & overnight areas 0.25
Restroom &,congestion areas 1.00
(j) OVERNIGHT CAMPING FACILITIES `
Every licensee authorized to ellow_persons who attend the festival
to:remain on the.; premises overnight shall provide camping facilities
and overnight areas that-meet the requirements of the California
Administrative Code Title 25 for mobilehome parka, special occupancy
trailer-.parks and.. campgrounds including travel trailer parks,
recreational trailer. parks, temporary trailer.parks, incidental
camping areas. and.. tent camps. Such areas and facilities shall be
approved by the. County Health Officer and County Building Official
prior to the issuance of asy license.
(k) BONDS.
Any licensee may be called upon to post an indemnity bond`
and~or a performance bond in favor of the City of Elsinore in
connection with_the operation of a festival. Bands required
by this Chapter must be approved by the pity Attorney prior to
the issuance of a license. An applicant may be required to
submit s surety bond written by a corporate bonding company
authorized to do business in the State of California by,the
Department of Insurance, in a penal amount determined by the
City Council.- Said bond shall indemnify the City of Elsinore,
its agents, officers, servants and employees and the City
Council of said City .against any and all loss, injury and
damage of arty nature whatsoever,arising out of,,or in any way
..:connected with,. .said Yestival, and shall indemnify against loss,
injury .and damage to both person and property.
Additionally, they demand that .applicant provide a corporate
surety bond written by a corporate bonding company authorized to do business
in the State of California, indemnifying the City of ElsinoY~e and the owners
of property adjoining the festival site Yor any costs necessitated Yor cleaning
up and~or removing debris, trash, or other waste from,. in; and around the,.premises.
Said bond shall be in an amount, determined by the City Council..
(1) FIRE PROTECTION
`r I Every licensee shall provide at his own expense adequate fire
protection as determined by the fire protection agency or agencies haveing
jurisdiction where the .event is to be conducted. If the event is.loeated
in a hazardous fire area as defined by the Riverside County Fire -0ode,,a suitable
number of fire guards shall be employed by the-licensee who shall be approved.
by-the Chief. of the responsible fire protection agency or agencies. Flammable
vegetation and other fire hazards shall be removed in a manner and in such
quantity as determined, by the Fire Chief. First aid fire extinguishment
equipment shall be provided as diree$ed by the Fire Chief..
(m) FINANCIAL STATEMENTS
.Each licensee shall be required to provide a financial statement
to give assurance of the ability of the promoters and~or applicants to meet
the conditions of the permit.
(n) COMMUNICATION -
Licensee shall be required to establish a communication system
for public use where ordinary communications are not availabe.
(o) MISCELLANEOUS
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'Any applicant may be required to meet axyy other condition prior
_ to receiving a license to conduct a festival which is .reasonably calculated
{~ as necessary to protect the health, welfare and property of local residents
and persons attending a festival.
SECTION g: Grounds for Denial of License; Notice of Denial
After, holding the required public-hearing, the:City Council may
deny issuance of license iY it finds any of the following:
(1) That the applicant Yails to meet the conditions imposed .
.pursuant to the Chapter..
(2) That-the proposed festival will be conducted in a manner
and~or location .not meeting the health, zoning, fire or
building,.and safety-standards established by the .ordinances
of the City of Elsinore or the laws of the,. State of California.
(3) That the applicant has knowingly made a false„ misleading
or fraudulent statement of material fact in the application
for license, or in any other document required pursuant to this
Chapter.
(4) That the applicant, his employee, agent, or arty person.
connected or associated with the applicant as a partner,
director,. officer, stockholder, associate,, or manager, has
previously conducted the type of festival being applied for
h which resulted in the creation of a public or private nuisance.
(5) That the applicant, his employee,, agent or arty person
associated with applicant as partner, director, officer, stockholder,
associates; or manager „has been.convcted in a court of competent
jurisdiction by final judgement of:
-(a) an offense involving the presentation; exhibition,
or performance of an obscene production, motion
picture or place; or of selling obscene matter; or
(b) an offense involving lewd conduct; or
(c) an offense_involving the use of force and violence
upon the person.of another; or-
3.0 2
(d) an offense involving misconduct with children; or
(e) a felony offense.
Where the application is denied, the City C3;erk of Elsinore shall mail to
the applicant written notice of denial within fourteen (14}-days of said
action, which notice shall include a statement of the reasons-the application
was denied.
SECTION 10: Complaints
At~y person may file a nomplaint'with the City Clerk of-may petition the
City Council to conduct a hearing concerning the revocation of the license
of an,}r licensee. The City"Clerk shall notice the petition for hearing in
accordance with the provisions of Section 5.
SECTION Zlt Revocation of License -
The City Council of Elsinore shall have the power to-revoke any license,
or to revoke and reinstate any license upon suitable conditions, when the
following causes exist:
(1) The licensee fails,"neglects or refuses to pay to the
Tax Collector the fee prescribed by this Chapter:'
(2) The licensee, his employee or agent, fails, neglects or
refuses to fulfill any or all of the conditions imposed
pursuant to this Chapter.-
(3) The licensee allows the festival to be conducted in a
manner which violates any law or regulation established ~;
by the ordinances of the City of Elsinore or the laws of the
State of California.
(4) The licensee allows the festival to be conducted in 'a
` disorderly manner, or knowingly allows any person to
remain on the premises of the festival while under I
the influence of intoxicating liquor, or any narcotic `
or dangerous drugr
(5)- The licensee,-fiis employee or agent, is convicted-
of any of the offenses enumerated under Section-9.
•
SECTION 12: 'Notice of Intent to Revoke; Hearing
Notice of intent to revoke any license shall be given and the licensee
shall be entitled to a hearing: The City Clerk shall give notice=setting
forth the causes `for revocation and shall state the time and place at which
the matter of revocation will be heard before the City Council of Elsinore.
Said notice `shall be'mailed not later than ten'(10) days prior to the date
set for hearing. .The City Coucil shall hear all interested parties and
may revoke a license`only'for one or more causes enumerated in Section 11.
SECTION 13: Violations; 'Remedies of City
It shall be unlawful for any licensee, employee, agent or persons associated
with said licensee to do airy of-the following:
(1) Conduct or operate a festival without first procuring
e license to do so. _
(2) Sell tickets to a festival without a license first
~~
having been obtained.
- '{3) Operate, conduct or"carry on any festival in such
a manner as to create a'publc or private nuisance.
(4) Exhibit, show or conduct within said place of festival
-any obscene; indecent, vulgar or lewd exhibition, show,
play, entertainment or exhibit no matter by what name
designated.
(5) Allow any person on the premises of the licensed
festival to cause or create a disturbance in, around
or near any place of festival,`by'offensive or
disorderly conduct.
(6) Knowingly allow any person to consume, sell, or
be in possession of intoxicating liquor while in
a place of a festival except where such consumption
or, possession is expressly authorizedunder the
terms of this Chapter and under the laws of the
State of California..
(7) Knowingly allow any person at the licensed festival
to use, sell, or be in possession of any narcotic
or dangerous drug. while;in, around, or near a
_ place of the festival.
~I Any of the abpve enumerated violations shall constitute a criminal act
Ilh and shall be punishable pursuant to ordinances of the City of Elsinore and the
laws of the State of California. It is provided, however,. that the City of
Elsinore retains any and all civil remedies, including the right of civil
injunction for the prevention of said violations and for the recovery of
money damages therefor.
SECTION 14; Passage pf the Ordinance
The City Clerk is hereby prdered and directed to certify the passage of
the ordinance and cause the same to be published in the manner provided by law.
ADOPTED by the Mayor and City Gouneil and signed by the Mayor and
attested to by the City Clerk this 25th day of May, 1g70 -
s/ Norman L. Chaffin
Mayor. of the City of Elsinore
ATTEST
s~ Florene Marshall
City Clerk of the. City of Elsinore
303'
I, FLORENE MARSHAhL, the City Clerk of the<City of Elsinpre, California,
hereby certify that the foregoing Ordinance was duly and regularly introduced
at a meeting of the City,CounciL on the 11th day of May, 1870, and was duly
adopted on the 25th day of May,: 1970 by the following vote, to wit;_
AYES: Councilmen Cartier, Depasquale, Harmatz,-Perkins, Mayor Chaffin
NOES: none
ABSENT: none ~~
IN WITNESS WHEREOF, I have hereunto set my;.~ hand and affixed the
official seal of the City of Elsinore, California, this_26th day of May, 1g70
s~-Florene Marshall `
City Clerk of the City of. Elsinore
7