HomeMy WebLinkAboutOrd. No. 1995-s. 990-1010 RDA 2
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, EXTENDING FOR ONE YEAR A
MORATORIUM ON ADULT BUSINESS USES PENDING
A CONTEMPLATED ZONING STUDY
-~
~HEREAS, Chapter 17.70 of the City of Lake Elsinore Municipal Code presently
allows adult business uses subject to certain restrictions and regulations within the C-2
General C~mmercial District; and
WHEREAS, an application for such use was previously received by the City; and
WHEREAS, such application caused elected officials, staff, adjacent business and
the community at large to express concerns about the impact of such businesses on the
health, safety and welfare of the general public and request consideration of the
appropriateness of said adult business, the regulations related thereto, and the locations
thereof; and
WHEREAS, such health, safety and welfare concerns include the secondary effects
on the businesses and residential neighborhoods adjacent thereto resulting from the
clientele of such businesses, the impact on property values adjacent thereto and the
impact on other C-2 businesses; and
WHEREAS, as a consequence, there is a current and immediate threat to the
public health, safety, and welfare as described and that the approval of any entitlement
for such use which are required in order to comply with the existing ordinance would
result in that threat to the public health, safety, and welfare.
WHEREAS, on January 25, 1994 the City Council unanimously adopted Urgency
Interim Ordinance No. 974 (moratorium) prohibiting adult business uses in the City
pending a contemplated zoning study.
WHEREAS, on March 8, 1994 the City Council unanimously adopted Ordinance
No; 976 extending the moratorium (Ordinance 974) for 10-months, 15-days. Section
65858(a) of the Government Code allows the City to extend this ordinance and
moratorium for an additional year subject to a public hearing.
NOW, THEREFORE, the City Council for the City of Lake Elsinore does hereby
ordain as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. That no adult business use as defined in Chapter 17.70 shall be permitted
in any zone, within the City pending study by the planning staff, Planning
Commission and City Council with regard to appropriate rules, regulations
and locations for said use.
3. This Interim Ordinance extension shall be of no further force and effect one
year from the date of its adoption.
4. Ten (10) days prior to the expiration of this Ordinance, the City Council shall
issue a written report describing the measu res taken related to the subject
matter of this Ordinance.
Ordinance No. 990
Page 2
PASSED, APPROVED AND ADOPTED this 24th day of January, 1995, by the
following vote:
~
AYES:
NOES:
COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
ABSTAIN:
COUNCILMEMBERS: NONE
Washburn, Mayor
ake Elsinore
ATTEST:
i.
-
Vicki Lynne. sad, City Clerk
City of Laka-Elsinore
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
John Harper, City A omey
City of Lake Elsinore
--
;
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"'11!.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
""...." ~:..""';., M,..,.."o i'~.':.c-..,...,J<,.~""....,-".C>t-..~);t~."""$"'~. ':~_:.>!c.;.. ,o~~~".r_~~>-~'>-'i~~~A~.'....,..;.
DO HEREBY CERTIFY that the foregoing Ordinance was read for
adoption and passed on January 24, 1995, by the following roll call
vote:
NOES:
COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE,
".~hSD,~Pl~!t, . "C'-"
COUNCILMEMBERS: NONE
AYES:
ABSENT:
COUNCILMEMBERS: NONE
ABSTAIN:
COUNCILMEMBERS: NONE
CLERK
ELSINORE
(SEAL)
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 990 of said Council, and that the
same has not been amended or repealed.
January 31, 1995
( SEAL)
-
ORDINANCE NO. 991
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING
ZONING FOR 152 ACRES GENERALLY LOCATED SOUTH
OF LASH AVENUE, NORTH OF LINCOLN STREET, WEST
OF MACHAD') STREET, EAST OF DRYDEN STREET,
CLEMENT S'l::U:ET AND THE TERMINI OF ZIEGLINDE
DRIVE, LE GAYE STREET AND ST. PIERRE LANE
(COMMONLY REFERRED TO AS THE "HAMMERHEAD"
AREA), ZONE CHANGE 94-2 (REVISED): CITY OF
LAKE ELSINORE
WHEREAS, the City Council of the City of Lake Elsinore on
August 14, 1990 adopted Resolution No. 90-77 requesting the Local
Agency Formation Commission initiate proceeding on Annexation No.
56 and waived the pre-zoning requirements due to the largely
developed status of the sit; ani the city's commitment to hold
public hearings on the matter of annexation. On December 6, 1990
the Local Agency Formation Commission approved the annexation of
this area and waived the ~equirements for pre-zoning.
WHEREAS, the City Council on June 11, 1991, adopted Resolution
No. 91-46 ordering territory designated Annexation 56 annexed to
the City.
WHEREAS, the City Council on September 17, 1994 adopted
Resolution No. 94-50, a ~esoluti.,n of Intention, establishing
November 16, 1994, as the ":::'11e and place for public hearing before
the Planning commission for said change of zone in order to
establish zoning for this area where none existed since the area
was annexed into the City.
-
WHEREAS, the Planning commission held a duly noticed public
hearing on said change of zone on November 16, 1994 and January 18,
1995, and received testimony and after deliberations determined to
recommend to the City Council by a 4-1 vote that said change of
zone be approved.
WHEREAS, notice was duly given of the public hearing on said
change of zone which was held before the city Council on the 14th
day of February, 1995, at the hour of 7:00 p.m., with testimony
received being made a part of the public record.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE: ZONING RECLASSIJ'ICATION
The Zoning Map of thg city of Lake Elsinore, California, is
hereby amended by changing, reclassifying and zoning the property
described to wit:
Assessor Parce~ Numbers:
378-320-0C1 through 010, 015 through 028, 032 through 040,
042, and 043;
379-140-030, 039, 041, 047 through 071, 073 through 079, and
082 through 089;
379-150-U01, 002, 004, 029 through 031, 033, 034, 041 through
044;
379-250-019, 020, and 0~7 through 029;
379-391-001 through 016; and
379-392-001 through 015
to R-A, Agricultural Single-Family Residential.
Page 2
Ordinance No. 991
Assessor Parcel Numbers:
-
378-301-007 through 013, and 015 through 020;
378-302-008 through 021;
378-303-001 through 005, 007 through 012, 017 through 019,
021, 022 and 024, through 026;
378-304-001 through 009, and 013 through 019;
378-305-001 through 003;
378-311-001, 002, 004 through 007, 016 through 018, 021, 022,
028 through 030, 033 through 039, 041 through 044;
378-312-002 through 014, 017, 018, and 021 through 035;
378-313-006 through 015, and 018 through 027;
378-314-003 through 015, and 017 through 025.
to R-1, single-Family Residential.
Assessor Parcel Numbers:
379-250-037 through 041, 013 and 025.
to R-2, Medium Density Residential.
Assessor Parcel Numbers:
-
378-301-005, 006, 21 and 026;
378-302-001 through 004, and 023;
378-305-004;
378-306-001, and 003 through 007;
378-307-002, and 003;
379-250-001, 003, 006 through 008, 010, 022 through 024, and
034 through 036
to C-1, Neighborhood Commercial.
All said real property shall hereafter be subject to the provisions
and regulations of the Zoning Ordinance relating to its respective
Zoning District, either R-A, R-1, R-2 or C-1.
Approval is based on the following:
1. The proposed zone change will not be: a)
detrimental to the health, safety, comfort or
general welfare of the persons residing or
working wi thin the neighborhood of the
proposed amendment or within the City, or b)
injurious to property or improvements in the
neighborhood or within the city.
2. This project is consistent with the Goals,
Policies and Objectives of the General Plan.
3.
This zone change establishes the necessary
zoning for this area.
-
4.
This request will
significant adverse
environment.
not result
impacts
in
on
any
the
Page 3
Ordinance No. 991
SBeTIO. TWO:
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This Ordinance shall become effective as provided by law.
The City Clerk of the City of Lake Elsinore shall certify to
the passage and adoption of this ordinance and shall cause the same
to be published in the Sun Tribune, a newspaper of general
circulation, serving the City of Lake Elsinore, in accordance with
provisions of the Government Code.
INTRODUCED AND APPROVED UPON FIRST READING this 14th day
of February 1995, upon the following vote:
AYES: COUNCILMEMBERS:
ALONGI, BENDER, BRINLEY, PAPE,
WASHBURN
NOES: COUNCILMEMBERS :
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 25th day
of April 1995, upon the following vote:
-
AYES: COUNCILMEMBERS:
ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
ary M. Washburn, Mayor
City of Lake Elsinore
ffi\
vicki Lynne
City of Lake
~{~
.)sad, city Clerk
,""lsinore
-
(SEAL)
A:'?PROVED AS TO FORM AND LEGALITY:
Jo~J~~orneY
City of Lake Els~~ore
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on February 14, 1995, and passed on April 25th,
1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
.ABSTAIN:
COUNCILMEMBERS: NONE
VI~~~~LERK
CITY OF LAKE ELSINORE
( SEATI)
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 991 of said Council, and that the
same has not been amended or repealed.
DATED:
May 1, 1995
~~~ERK
CITY 0~~~AKE ELf INORE ,
(SEAL)
ORDJ:NAHCB NO. 993
AN ORDJ:NAHCB OF THB CJ:TY COUNCJ:L OF THB CJ:TY
OF LAD BLSJ:NORB, CALJ:FORNJ:A, AKENDJ:NG SECTJ:ON
17.20.060 (LOT AREA WJ:THJ:N THB AGRJ:CULTURAL
RBSJ:DENTJ:AL [R-A] DEVELOPMENT STANDARDS) OF
THB KUNJ:CJ:PAL CODE
,.......
WHEREAS, the ci ty of
established Chapter 17.20 "R-A
Residential District" with certain
in the Municipal Code.
Lake Elsinore has heretofore
Agricultural single-Family
general guidelines as set forth
WHEREAS, said Chapter 17.20 contains a section 17.20.060
which establishes guidelines with respect to Lot Area.
NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:
Chapter 17.20.060 is hereby amended with the addition of
susections C. and D. as follows:
17.20.060 ~ Exception (where adjacent to an existing
lots (s) with a lower density zoning classification and/or
a larger developed parcel(s)):
-
Whenever a lot is adjacent to a lower density
zoning district or to an existing developed parcel
with a larger lot size thatn required in the R-A
district, a transition or buffer shall be provided
between the adjacent property and a new
subdivision, which may include, but is not limited
to, lot size, lot width, lot depth, increased
setbacks, or slopes. The purpose of this
transition shall be to minimize the disparity
between different densities of development. The
adequacy of this transition shall be subject to the
review and approval of the Planning Commission and
City Council on a case-by case basis;
-
17.20.060 D. In the implementation of Paragraph C, any
change in a lot size which would leave the lot at a size
at least 75% the size of the largest adjacent developed
lot will be presumed appropriate, absent unusual
circumstances. Any application to change a lot to a size
lower than said 75% standard will be permitted only upon
a showing of good cause. It is the intent of this
paragraph to set a standard but also to allow
flexibility.
Page 2
Ordinance No. 993
INTRODUCED AND APPROVED UPON FIRST READING this 14tH day
of February. 1-995upon the following vote:
-
AYES: COUNCILMEMBERS:
ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NOES: COUNCILMEMBERS : NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day
of February, 1995, upon the following vote:
AYES: COUNCILMEMBERS:
ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NOES: COUNCILMEMBERS :
NONE
LBSENT: COUNCILMEMBERS:
NONE
-
ABSTAIN: COUNCILMEMBERS: NONE
/f7J Wvh!u-
Gary M. Washburn, Mayor
City of Lake Elsinore
2[T:
vicki Lynne sad, City
City of Lake Elsinore
(SEAL)
-
APPROVED AS TO FORM AND LEGALITY:
Attorney
City of Lake Elsinore
ZCA94-3.0RD
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read for
adoption on February 14, 1995, and passed on February 28, 1995,
by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
ABSTAIN:
0\. ' Qry II
~~i-~TY CLERK
CITY OF-LAKE ELSINORE
COUNCILMEMBERS:
NONE
(SEAL)
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 993 of said council, and that the
same has not been amended or repealed.
DATED:
(
I
(). ) \ vO'. \/rJ '
I;'" 'J~
/ I
'J" :..- i",~
'\fICKI Y:J'H~, CITY CLERK
CITY OF LAKE ELSINORE
March 6, 1995
( SEAL)
-
ORDINANCE NO. 994
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
CHAPTER 18 OF TITLE 8, OF THE LAKE ELSINORE MUNICIPAL
CODE RELATING TO NUISANCE ABATEMENT.
-
WHEREAS, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION ONE:
In order to more closely address the public necessity and
convenience and general welfare and to further the purposes
of Chapter 18 of Title 8 of the Lake Elsinore Municipal Code;
and
In order to clarify certain provisions introduce new
standards, and provide requirements which are more closely
related to the community needs.
Certain portions of Chapter 18 of Title 8 of the Lake
Elsinore Municipal Code are hereby amended to read as follows:
8.18.060 Initiation of proceedings.
Upon determination by the Code Enforcement Officer that
any premises wi thin the City are maintained in such a
manner as to constitute a public nuisance, the City
Manager shall direct that a hearing be conducted to
ascertain whether the same constitutes a public nuisance.
The notice of hearing shall be served as provided in this
chapter and shall describe the premises involved by street
address, legal description of assessor's parcel number,
shall give a brief description of the conditions
constituting the nuisance, and a brief statement of the
proposed methods of abatement. The City Manager shall
appoint two hearing officers to be selected from members
of the Planning Commission or any other persons deemed
appropriate. The notice shall advise the owner what
corrections need to be done to avoid a public hearing, may
suggest methods for correction, and shall provide a
reasonable period to make those corrections.
8.18.100 Appeal.
-
Any person entitled to notice of the hearing who has
participated in that hearing and who is dissatisfied by
the determinations of the hearing officer, may appeal
those determinations to the City Council by filling an
appeal with the City Clerk within ten days of the date of
being first apprised of those determinations and by paying
the appeal fee set by resolution. The City Council shall
set a hearing date within a reasonable time following the
filing of the appeal and shall hold the hearing at a
regularly scheduled Council Meeting. The appeal shall
specify:
A. A description of the property.
B. The abatement proceedings appealed.
C. The owner's legal or equitable interest in the
property.
PAGE TWO
ORDINANCE NO. 994
D.
E.
A statement of disputed and undisputed facts.
A statement specifying that portion of the
proceedings that are being appealed, together with
any evidentiary or supporting materials that would
support the appeal.
A verification of the truth of all matters asserted.
The City Council may limit the issues on appeal, may
consider the record produced for the hearing
officer, and may allow additional evidence to be
produced. Notice shall be provided to the appellant
utilizing substantially the same procedure as
required for the hearing before the hearing officer.
In said notice the appellant will be apprised of the
scope of the appeal. The decision of the City
Council shall be the final and binding action and
the property owner shall be so notified of its
determinations.
-
F.
8.18.110 Abatement of nuisance by City.
I f the nuisance is not completely abated by the date
specified in the hearing officer's declaration, or in the
City Council's determination, as appropriate, the City
Manager may immediately cause the same to be abated by
City personnel or under private contract in accordance
with the law. The hearing officer or City Council are
also authorized to grant reasonable extensions on the time
period for abatement based on a proper showing by the
property owner of extenuating circumstances made before
the date of City abatement. The owner of the premises
shall be liable to the City for all costs of such
abatement, including administrative cost.
SECTION TWO:
This ordinance shall take effect as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 28th day
of February, 1995, upon the following roll call vote:
AYES: COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN
NOES: COUNCILMEMBERS: ALONGI
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th
day of March, 1995, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
BENDER, BRINLEY, PAPE, WASHBURN
-
NOES: COUNCILMEMBERS:
ALONGI
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
AT{tEST:
\ ...l ~.
2\ '\ l
... /,~M~ ~.O\
VICKI KASAn, CITY CLERK
APPROVED AS TO FO
~(r2
NONE
h /!)KJ~
M. WASHBURN, MAYOR
OF LAKE ELSINORE
JOHN R. HARPER,
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on February 28, 1995, and passed on March 14th,
1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS: ALONGI
ABSENT:
COUNCILMEMBERS: NONE
(- .' ABS'i'AIN:
2t('r\ y ~
. JyE,-.l~i ~/~
ICKI !<.ASAD ,~fIT<. CLERK
CITY OF LAKE ELSINORE
COUNCILMEMBERS:
NONE
( SF..AL)
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 994 of said council, and that the
same has not been amended or repealed.
DATED: March 6, 1995
(
0\ < r;J' J
LCv1; - c\OC\@1
VICKI KA AD, CITY CLERK
CITY 0;" ~E EL~ INORE
(SEAL)
ORDINANCE NO. 995
AN ORDINANCE OF THE CITY OF LAKE ELSINORE
AMENDING CHAPTER 9 BY ADDING TO SUB-SECTION 9.96.193
-FISHING WITH A SECOND POLE..."
-
I
WHEREAS, On April 12, 1994, the City of Lake Elsinore adopted
Ordinance No. 957 - aoating Regulations & Lake Rules; and
WHEREAS, Ordinance No. 957 did not include the use of a second
fishing pole;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY ORDAIN: that Chapter 9 be amended by adding to
subsection 9.96.193:
9.96.193 - No person shall fish with a net or
more than one pole unless they have purchased
the additional sticker as authorized by the
State Department of Fish & Game January 1995.
INTRODUCED AND PASSED UPON FIRST READING this 14th day of
February 1995, upon the following roll call vote:
AYES:
COUNCILMEMBERS :
ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS :
NONE
-
ABSENT:
COUNCILMEMBERS : NONE
ABSTAIN:
COUNCILMEMBERS : NONE
PASSED, APPROVED AND ADOPTED this 28th
1995, upon the following roll call vote:
day of February
AYES:
COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NOES:
COuNCILMEMBERS : NONE
ABSENT :
COUNCILMEMBERS : NONE
COUNCILMEMBERS :
WASHBURN, MAYOR
OF LAKE ELSINORE
-
APPROVED AS TO FORM:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read for
adoption on February 14, 1995, and passed on February 28, 1995,
by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
,/--
, ABSTAIN: COUNCILMEMBERS: NONE
0\ <Ii.r ~
( IJ-612/-- ,1O~-€I
~CKI EASAD, CITY CLERK
CITY OF LAKE ELSINORE
-
( SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 995 of said Council, and that the
same has not been amended or repealed.
DATJID:
March 6, 1995
I /'-', ~
If) I (, ;/ /
\ I \
UV.i\i;~{YW
VICKI KASAD, CITY CLERK
CITY OF ~LAKE ELSINORE
(SEAL)
.-
ORDINANCE NO. 996
AN QRDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING TITLE 19 BY THE ADDITION
OF CHAPTER ~9.12 TO PROVIDE FOR CONSIDERATION OF
DEVELOPMENT AGREEMENTS.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA does
-
ordain as follows:
SECTION 1: That Title 19 of the Lak~ E1~il~orc Municipal Code
is hereby amended by the addition of Chapter 19.12 to read as
follows:
SECTION:
-
19.12.005
19.12.010
19.12.020
19.12.030
19.12.040
19.12.050
19.12.060
19.12.070
19.12.080
19.12.090
19.12.100
19.12.110
19.12.120
19.12.130
19.12.140
19.12.150
19.12.160
19.12.170
CHAPTER 19.12
DEVELOPMF.NT AGREEMENTS
Authority for Adoption.
Forms and Information.
Notice of Public Hearing.
Qualification as an Applicant.
Proposed Form of Agreement.
Review of Application.
Transmittal to Planning Commission.
Planning Commission Report.
Decision by City Council.
Approval of Development Agreements.
Required Notice.
Irregularity of Proceedings.
Amendment and Cancellation of Agreement by
Mutual Consent.
Recordation.
Periodic Review.
Procedure for Periodic Review.
Modification or Termination
Fees.
19.12.005 Authority for Adoption.
This Chapter is adopted under the authority of Government Code
Sections 65864 - 65869.5.
19.12.010 Forms and Information.
(a) The Director of Community Development shall prescribe the
form for each application, notice and document provided
-
for or required under this chapter for the preparation
and implementation of development agreement.
(b) The Director of Community Development may require an
applicant to submit such information and supporting data
as the Director considers necessary to process the
application.
PAGE TWO - ORDINANCE NO. 996
19.12.020 Notice of Public Hearinq.
Notice of Public Hearing for an agreement proposed pursuant to
this Chapter shall be accomplished as follows:
-
(a) Published pursuant to Section 6061 of the Government Code
in at least one (1) newspaper of general circulation at
least ten days (10) prior to the hearing.
(b) Mailed or delivered at least ten days (10) prior to the
hearing to the owner of the subject real property or the
owner's duly authorized agent, and to the project
applicant and to each local agency expected to provide
water, sewage, streets, roads, schools, or other
essential facilities or services to the project, whose
ability to provide those services and facilities may be
significantly affected.
(c) Mailed or delivered at least ten days (10) prior to the
__ hearing to all owners of the real property as shown on
the last equalized assessment role within three hundred
feet (300') of the real property which is subject to the
hearing. If the number of owners to whom Notice would be
mailed or delivered is greater than one thousand (1000),
Notice may be provided by placing a display advertisement
of at least 1/8 page, in at least one (1) newspaper of
geDeral circulation, at least ten (10) days prior to the
hearing.
(d) Said notice shall include the date, time, and place of
the Public Hearing, the identity of the hearing body, a
general explanation of the matter being considered and a
general description of the location of the real property
subject to the hearing.
19.12.030 Qualification as an Applicant.
Only a qualified applicant may file an application to enter
into a developlBent agreement. A qualified applicant is a person or
entity who has legal or equitable interest in the real property
-
-
PAGE THREE - ORDINANCE NO. 996
which is the subject of the development agreement. Applicant
includes an authorized agent. The Director may require an
applicant to submit proof of his interest in the real property and
of the authority of the agent to act for the applicant. Before
processing the application, the Director shall obtain the opinion
of the City Attorney as to the sufficiency of the applicant"s
interest in the real property to enter into the agreement.
19.12.040 Proposed Form of Agreement.
Each application shall be accompanied by the form of
development agreement proposed by the applicant. The City Council
may adopt by resolution a standard form of development agreement.
The applicant may choose to use the standard form and include
specific proposals for changes in or additions to the language of
the standard form. The proposed agreement shall contain all the
elements required by Government Code Section 65865.2 and may
include any other provisions permitted by law.
19.12.050 Review of Application.
(a) The Director shall review the application and may reject
it if it is incomplete or inaccurate for processing. If
the application is found to be complete, it shall be
accepted for filing.
(b) The Director shall review the application and proposed
agreement and shall prepare a report and recommendation
to the Planning Commission on the agreement.
(c) The Director shall forward a copy of the agreement to the
City Attorney for review. The City Attorney shall
prepare a report and recommendation to the Planning
Commission on the agreement.
19.12.060 Transmittal to Planning Commission.
The Director shall transmit the application to the Planning
Commission for a public hearing when all the necessary reports and
recommendations are completed. Notice of the public hearing shall
be given as provided in this Chapter. The application for a
- --------~--,-_.._----~---_..~-_._..._-_...._--,---_._-_....--_.-
PAGE FOUR - ORDINANCE NO. 996
-
development agreement may be considered concurrently with other
discretionary permits for the project.
19.12.070 Planninq Commission Report.
After a public hearing, the Planning Commission shall
consider the application and prepare a report and recommendation
for the City Council. The report and recommendation shall include
findings on the matters stated in Section 19.12.080(b). This
report and recommendation shall be forwarded to the City Clerk who
shall set the matter for public hearing before the City Council.
19.12.080 Decision by City Council.
(a) After the City Council completes the public hearing, it
may approve, modify or disapprove the development
agreement. It may refer matters not previously considered
by the Planning Commission during its hearing back to the
Planning Commission for report and recommendation. The
Planning Commission need not hold a public hearing on
matters referred back to it by the City Council.
(b) The City Council shall not approve the development
agreement unless it finds that the agreement:
(1) is consistent with the objectives, policies,
general land uses and programs specified in the
general plan and any applicable specific plan;
(2) is compatible with the uses authorized in, and the
regulations prescribed for, the land use district in
which the real property is located;
(3) is in conformity with public convenience, general
welfare and good land use practices;
(4) will not be detrimental to the health, safety and
general welfare;
(5) will not adversely affect the orderly development
of property or the preservation of property values;
(6) is consistent with the provisions of Government
Code Sections 65864 - 65869.5.
-
-
-
PAGE FIVE - ORDINANCE NO. 996
PAGE SIX - ORDINANCE NO. 996
-
in whole or in part of the development agreement
previously entered into. The amendment or cancellation
permitted by this Section must be by mutual consent of
the parties.
(b) The procedure for proposing and adoption of an amendment
to or cancellation in whole or in part of the development
agreement is the same as the procedure for entering into
an agreement in the first instance. However, where the
City initiates the proposed amendment to or cancellation
in whole or in part of the development agreement, it
shall first give notice to the property owner of its
intention to initiate such proceedings at least thirty
days in advance of the giving of public notice of the
hearing to consider the amendment or cancellation.
19.12.130 Recordation.
(a) Within ten days after the City enters into the
development agreement, the City Clerk shall have the
agreement recorded with the County Recorder.
(b) If the parties to the agreement or their successors in
interest amend or cancel the agreement as provided in
Government Code Section 65868, or if the City terminates
or modifies the agreement as provided in Government Code
Section 65865.1 for the failure of the applicant to
comply in good faith with the terms or conditions of the
agreement the City Clerk shall have notice of such
action recorded with the County Recorder.
19.12.140 Periodic Review.
(a) The City Council shall review the development agreement
every twelve (12) months from the date the agreement is
entered into.
(b) The time for review may be shortened either by agreement
between the parties or by initiation in one or more of
the following ways:
-
-
PAGE SEVEN - ORDINANCE NO. 996
-
(1) recommendation of the Director
(2) resolution of intention by Planning Commission
(3) resolution of intention of the City Council.
(c) The Director shall begin the review proceeding by giving
written notice that the City Council intends to undertake
a periodic review of the development agreement to the
property owner. He shall give the notice at least ten
(10) days in advance of the time at which the matter will
be considered by the Council.
(d) The City Council may refer the matter to the Planning
Commission for review and recommendation.
19.12.150 Procedure for Periodic Review.
(a) The City Councilor the Planning Commission if the matter
has been referred shall conduct a public review hearing
at which the property owner must demonstrate good faith
compliance with the terms of the agreement. The burden
of proof on this issue is upon the property owner.
(b) The City Council shall determine upon the basis of
substantial evidence whether or not the property owner
has, for the period under review, complied in good faith
with the terms and conditions of the agreement.
(c) If the City Council finds and determines on the basis of
substantial evidence that the property owner has complied
in good faith with the terms and conditions of the
agreement during the period under review, the Council
shall let the agreement stand and review again in the
time prescribed by Section 19.12.140.
(d) If the City Council finds and determines on the basis of
substantial evidence that the property owner has not
complied in good faith with the terms and conditions of
the agreement during the period under review, the Council
may initiate proceedings to modify or terminate the
agreement.
-
-
-.
-
-..
PAGE EIGHT - ORDINANCE NO. 996
19.12.160 Modification or Termination.
(a) If upon a finding under Section 19.12.150(d) the city
Council determines to modify or terminate the agreement,
the Council shall give notice to the property owner of
its intention to do so. The notice shall state:
(1) the time and place of the hearing;
(2) a statement as to whether or not the Council
proposes to terminate or to modify the development
agreement;
(3) other information which the Council considers
necessary to inform the property owner of the nature
of the proceedings.
Such notice may be given at the conclusion of the hearing
held according to Section 19.12.150.
(b) At the time and place set for the hearing on modification
or termination, the property owner shall be given an
opportunity to be heard. The Council may refer the
matter back to the Planning Commission for further
proceedings or for report and recommendation. The
Council may impose those conditions to the action it
takes as it considers necessary to protect the interests
of the City. The decision of the City Council is final.
19.12.170 Fees.
The City Council hereby finds and determines that the benefits
and privileges accruing to the property owner in entering into a
Development Agreement pursuant to this Chapter result in a
substantial economic benefit to said property owner. Furthermore,
in consideration for said agreement and as an inducement to the
public to enter into such an agreement property owner shall be
obligated to pay a fee in an amount to be mutually negotiated
between the applicant and the City prior to adoption of the
Development Agreement by the City Council, which funds shall be
utilized for public purposes and facilities to the benefit of the
public and the residents of the City as a whole.
PAGE NINE - ORDINANCE NO. 996
SECTION 2: The City Council hereby declares that the
provisions of this Chapter are severable and if for any reason a
court of competent jurisdiction shall hold any sentence, paragraph,
or section of this ordinance to be invalid, such decision shall not
affect the validity of the remaining parts of this ordinance.
SECTION 3: The City Clerk shall certify to the adoption of
this ordinance and cause it to be posted as required by law. This
ordinance shall become effective thirty (30) days after the date of
its adoption.
INTRODUCED AND PASSED UPON FIRST READING this 25th day of
April, 1995, by the following roll call vote:
AYES: COUNC ILMEMBERS :
NOES. : COUNCILMEMBERS:
ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NONE
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
NONE
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day
of May, 1995, by the following roll call vote:
AYES: COUNCILMEMBERS:
ALONGI, BENDER, PAPE, WASHBURN
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRINLEY
ABSTAIN: COUNCILMEMBERS:
NONE
tJ( f)}lt7L-
M. WASHBURN, MAYOR
TY OF LAKE ELSINORE
LERK
--
APPROVED AS TO FORM AND LEGALITY:
JJ
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on April 25, 1995, and passed on May 9th,
1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: BRINLEY
~BSTAIN: COUNCILMEMBERS:
VICKI Ki'~,~~t CLERK
CITY OF ~K~ ELSINORE
NONE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 996 of said Council, and that the
same has not been amended or repealed.
DATE!):
Ma7 12, 1995
(SE~L)
-
-
ORDlNUCB NO. ..211
AN ORDINANCB OP TBB CITY COUNCIL OP THB CITY
OP LAD BLSINORE, CALIPORNIA, AKEHDING TBB R-A
(AGRICULTURAL RESIDENTIAL) BY CBAHGING TBB
TITLE PROM R-A TO R-E (RESIDENTIAL ESTATB),
AJlBHDING TBB DEVBLOPKBNT STANDARDS BY
MODIFYING SECTION 7.20.030, 040 AND 120 WITH
RESPECT TO THE ~~ER OP ANIMALS ALLOWED/AND
BY CLARIFYING WHAT IS CONSIDERED A COKMERCIAL
USE (ZCA 95-1)
WHEREAS, the city of Lake Elsinore has heretofore
established Chapter 17.20 "R-A Agricultural Single-Family
Residential District" with certail. general guidelines as set forth
in the Municipal Code.
WHEREAS, said Chapter 17.20 contains sections 17.20.030,
040 and 120 which establishes guide~ines with respect to the
keeping of horses and other animalo.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA OORS ORDAIN AS FOLLOWS:
The title of thi3 Chapter (17.20) shall be changed from
"R-A: Agricultural Single-Family Residential District" to "R-E:
Estate Single-Family Residential District" and all references to
the R-A district within this section and all other places within
the Municipal Code are to be modified accordingly, and sections
17.20.030, 040 and 120 are hereby amended.
section 17.20.030 shall be amended with the modification
of Subsection F, to read as follows:
F. Agricultural and horticultural uses, for commercial
purposes (not i.ncluding the private boarding of
animals and the sale of excess agricul tural and
horticultural products grown on the premises,
subject to the restrictions specified within
section 17.20.040 subsection A.5. and 6.,
respectively).
section 17.20.040 (Accessory Uses and Structures) shall
be amended with the addi tion of items 5 and 6 of Subsection A
(Uses), to read as follows:
A. Uses:
5. The private boarding of the above permitted
type of animals (not including commercial
stables) provided that the maximum number of
animals permitted on the parcel is not
exceeded.
6. The cuI ti vation of agricul tural and
horticultural products for private
consumption. Some sale of excess products
produced on the premises may be permi tted
under certain circumstances provided that the
sale of these products is not done on the
premises; and there are no stands, displays or
signage associated with the sale of these
products placed on site.
section 17.20.120 (Animals) shall be amended by modifying items 1
and 2 of Subsection A. to read as follows:
A. The minimum lot area required to maintain the following
aggregate number of animals shall be one-half acre
Page 2
Ordinance No.
997
(21,780 square feet):
1.
Two (2) equine, bovine, swine, sheep, or goats
shall be permitted for the first one-half acre,
with an additional two animals allowed for the next
one-half acre (for a total of four animals for the
first full acre). An additional two animals will
be allowed for each additional acre thereafter.
-
2. Twelve (12) birds or poultry (not including
roosters), rabbits, or similar small domesticated
animals shall be permitted on any parcel one-half
acre or larger. Any addi tional animals of this
type will only be permitted with the approval of a
Conditional Use Permit (CUP).
INTRODUCED AND APPROVED UPON FIRST READING this 25th day of
April 1995, upon the following vote:
AYES: COUNCILMEMBERS:
ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
_ PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day
of May 1995, upon the following vote:
AYES: COUNCILMEMBERS:
BENDER, PAPE, WASHBURN
NOES: COUNCILMEMBERS:
ALONGI
ABSENT: COUNCILMEMBERS:
BRINLEY
ABSTAIN: COUNCILMEMBERS:
city of Lake Elsinore
0:7" k' L K. .1:.a ~tJ I k
v1C 1 yn as~, C1 y C er
City of Lake E'.sinore
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
..~-
.:.rohn Harper, C \t~ 1 Attorney
City of Lake EI~Ynore
"
."
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on April 25, 1995, and passed on May 9th,
1995, by the fo~lowing roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: BRINLEY
n(. ABSTAIN:
\D~ cy \
VICKI ~~ CLERK
CITY OF _~E ELSINORE
COUNCILMEMBERS:
NONE
(SEAL)
-
STATE Or CALiFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 997 of said council, and that the
same has not been amended or repealed.
DATED:
Uay 12, 1995
( SEAT_)
ORD!NANCE NO. 998
-
All ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE,
AUTHORIZING AN AMENDMENT TO THE
CONTRACT WITH THE BOARD OF
ADMINISTRATION OF THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM.
WHEREAS, the City Counci~ of the City of Lake Elsinore,
did adopt a Resolution of Intel.~' ion to amend the existing contract
with the Public Employees Ret~~~ment system on behalf of its
employees on May 11, 19S5; ~nd
WHEREAS, r'..~::"s'L'..::.mt to 1994-96 Memorandum of Understanding
with the Public Employees of Riverside county (P.E.R.C.) the City
Council has agreed to provide a retirement formula of 2% at 55 for
its employees;
NOW, THEREFORE, BE IT ORDAINED as follows:
Section 1. That an amendment. to the contract between the
City Council of tte City of La~e Elsinore and the Board
of Administration, Califo~nia Public Employees'
Retirement System is hereby authorized, a copy of said
amendment being attached hereto, mar}~ed Exhibit, and by
such reference made a part hereof as though herein set
O'..lt in ft..:l.
-
Section 2. The city Manager of the city of Lake Elsinore
is hereby authorized, empowered and directed to execute
said amendment for and on behalf of said Agency.
Section 3. This Ordinance shall take effect 30 days
after the date of its adoption, and prior to the
exp~ration of 15 days from the passage thereof shall be
published at least once in the Lake Elsinore Valley Sun
Tribune, a newspaper of general circula't~on, published
and circulated in the city of Lake Elsinore and
thenceforth and thereafter the same shall e in full force
and effect.
INTRODUCED AND ADOPTED upon first reading this 9th day
of May, 1995, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BENDER, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BRINLEY
ABSTAIN:
COUNCILMEMBEPS:
NONE
PASSED, APPROVED AND ADOPTED upon second reading this
13th day of June, 1995, upon the following roll call vote:
AYES:
COUNCILMEMBERb:
ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
NONE
PAGE TWO - ORDINANCE NO. 998
ABSENT:
COUNCILHEKBERS: NONE
ABSTAIN:
COUNCILHEKBERS: NONE
.-
CLERK
~TY ATTORNEY
-
-
I/};;L
GAR ~BBtJRN, IIAYOR
CIT(j F LAKE ELSINORE
--,
I
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on May 9, 1995, and passed on June 13,
1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
i~w
VICKlrr~SAD, CITY CLERK
CITY OF LAKE E~SINORE
COUNCILMEMBERS:
NONE
(SEAL)
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 998 of said Council, and that the
same has not been amended or repealed.
DATED:
June 15, 1995
2( (\. ~
V. ~~D, r'ITY CLERK
CIXY OF :LAKE EL~INORE
(SEAL)
ORDINANCE NO._999
-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING
GUIDELINES FOR PROCESSING THOSE CLAIMS FOR
MONEY OR DAMAGES NOT NOW GOVERNED BY STATE
OR LOCAL LA WS
WHEREAS, any party with a claim for money or damages against a public
agency must first file a claim directly with that entity, and
WHEREAS, the agency then has the ability to deny or reject said claims, and
WHEREAS, the party filing the claim may file a lawsuit, and
WHEREAS, under Government Code Section 905, there are twelve exceptions
to claim filing requirements, and
-
WHEREAS, subdivision (i) of the Government Code Section 905 exempts claims
by the State or by a State department or agency or by another public agency from
the requirement of filing a claim with a public entity, thereby allowing a claim
to be filed directly in Court without the necessity of having been previously
considered by the Agency, and
WHEREAS, Government Code Section 935 provides an option for public entities
to establish their own policies and procedures for the presentation of claims which
are exempted by Section 905 of the Government Code, and
WHEREAS, enactment of the subject Ordinance will require State and other
public agencies to follow the same claim filing procedures as all other claims.
.~ ";lff..o_~,<
Ordinance No. . 999
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES ORDAIN AS FOLLOWS:
r""lt-
Section 1.10.01. Pursuant to the authority contained in Section 935 of the
Government Code of the State of California, the following claims procedures established for
those claims against the City of Lake Elsinore for money or damages not now governed by State
or local laws.
Section 1.10.002. Notwithstanding the exemptions set forth in Section 905 of the
Government Code of the State of California, all claims against the City of Lake Elsinore for
damages or money, when a procedure for processing such claims is not otherwise provided by
the State or local laws, shall be presented within the time limitations and in a manner prescribed
by Sections 910 through 915.2 of the Government Code of the State. Such claims shall further
be subject to the provisions of Section 945 through 946 of the Government Code of the State
relating to the prohibition of suits in the absence of the presentation of claims and action thereon
by Council.
the following- roll call vote:
AYES: COUNCILKEMBERS: ALONGI, BENDER, PAPE, WASHBURH
NOES: COUNCILKEMBERS: NONE
ABSENT: COUNCILKEMBERS: BRINLEY
ABSTAIN: COUNCILKEMBERS: NONE
APPROVED AND ADOPTED UPON SECOND READING this 23rd day of
May, 1995, by the following- roll call vote:
AYES:
COUNCILKEMBERS: ALONGI, BENDER, BRINLEY, PAPE
NOES:
COUNCILKEMBERS: NONE
ABSENT:
COUNCILKEMBERS: WASHBURN
ABSTAIN:
COUNCILMEMBERS: NONE
APPROVED AS TO FORM:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on May 9, 1995, and passed on May 23,
1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: WASHBURN
,r'\
~~~COUNCILMEMBERS:
VICKI RASAD, CI~Y CLERK
CITY OF LAKE ElSINORE
NONE
(SEAL)
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 999 of said Council, and that the
same has not been amended or repealed.
DA~D .
Muy 25, 1995
( SEA!.J:
ORDINANCE NO. 1000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION
17.14.130. D OF THE LAKE ELSINORE MUNICIPAL
CODE REPEALING SUBSECTION 5 AND ADDING
SUBSECTIONS 5 AND 6 P~GARDING FENCING IN HEW
RESIDENTIAL TRACTS OF 4 UNITS OR MORE.
-
WHEREAS, on April 25, 1995, City Council adopted
Resolution of Intention 95-27 to initiate proceedings to allow the
Planning Commission and the City Council to consider the amendment
of Section 17.14.130.D of the Lake Elsinore Municipal Code
(Ordinance No. 962 adopted August 24, 1993);
WHEREAS, Section 17.14.13(\ .D45 of the City of Lake
Elsinore Municipal Code pre~x':"~tl:.~ al:!..cws only the City Council to
approved alternative fenc;':lg ffi'lte:r:ials or waive fencing
requirements entirely in new subdivisiono of four (4) units or
more;
WHEREAS, The City Council of the City of Lake Elsinore
deems it to be in the best interest of the City to allow wood
fencing in certain insta~~es provided that minimum construction
standards are followed;
NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:
Section 17.14.130. D. 5 of the Lake Elsinore Municipal Code
is hereby repealed and subsections 5 and 6 are added to provide as
follows:
5.
The Planning Commission at Design Review may approve
alternative fencing materials along interior lot lines where
a block wall is required (per item 1 above) provided the
proposed wood fence is a minimum of six feet (6') in height
and incorporates the following construction design style and
sitting characteristics:
-
a. a galvanized steel post at least at every eight
feet (8') on center with appropriate foundation;
b. a box-framed wood fence style with overlapping
vertical (or horizontal) members (planks) to avoid
gaps in the fencing;
c. wood fence shall be painted (a neutral color) or
treated on both sides to protect from
weatherization;
-
d. wood fence shall not be significantly visible or
adjacent to the public right-of-way;
i. except fencing be~ween dwellings visible from
the front yard which may be permitted;
ii. wood fencing on rear and side lot lines in a
hillside development (terraced or layered
lots) shall not be permitted when the lot
lines are located atop slopes in excess of
six-feet (6') high and would be significantly
visible from a right-of-way;
iii. any fencing that would normally be out of view
on interior side and rear property lines but
due to development phasing will be in plain
view from a public right-of-way for a period
longer than ninety (90) days shall be either
masonry or wrought iron style construction or
a combination thereof.
ORDINANCE NO. 1 nnn
PAGE TWO
6. The Planning Commission may waive fencing requirements in
hillside areas where side and/or rear lot line slope is
extremely severe and it can be shown that fencing will
serve no purpose.
-
INTRODUCED AND PASSED UPON FIRST READING this 27th of June,
1995, upon the following vote:
AYES: COUNC ILMEMBERS : BENDER, BRINLEY, P APE, WASHBURN
NOES: COUNCILMEMBERS: ALONGI
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th day
of July 1995, upon the following vote:
AYES: COUNC ILMEMBERS : BENDER, BRINLEY, P APE, WASHBURN
NOES: COUNCILMEMBERS: ALONGI
ABSENT: COUNC ILMEMBERS : NONE
ABSTAIN: COUNCILMEMBERS:
G ry M. Washburn, Mayor
City of Lake Elsinore
-
Clerk
LEGALITY:
~
John
City
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on June 27, 1995, and passed on July 11,
1995, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BENDER, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
ALONGI
ABSENT:
COUNCILMEMBERS:
NONE
0~~
VICKI KASAD, CITY CLERK
CITY OF~AKE ELSINORE
COUNCILMEMBERS:
NONE
(SEAL)
-
STATE O~~. t:ALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 1000 of said Council, and that the
same has not been amended or repealed.
DATED:
July 17, 1995
iJLXJ
VICKI !{,':,fJAD, CITY CLERK
CITY OF-LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDS TITLE 5 OF THE MUNICIPAL
CODE REGARDING BUSINESS TAXES, LICENSES AND
REGULATIONS
WHEREAS, the City Council of the City of Lake Elsinore, California, amends Title
5 of the Municipal Code and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, as follows:
SECTION 1. That the foregoing recital is true and correct.
SECTION 2. BUSINESS L1CENSES--DEFINITIONS.
5.04.010 Generally. For the purpose of this Chapter, the following definitions are
adopted and made a part hereof.
5.04.020 Branch Establishment. "Branch establishment" means a subdivision of
business enterprise not under the same roof or connected by land or structure.
5.04.030 Conduct--Carry on. "Conduct" or "carry on" means and includes
engaging in, carrying on, owning, maintaining, managing or operating any business, trade,
art, profession, calling, employment, occupation or any commercial, industrial or
professional pursuit, vocation or enterprise in the City.
-
5.04.040 Contractor. "Contractor" means every person who for either a fixed sum,
price, fee, percentage or other compensation, other than wages, undertakes with another,
to construct, alter, repair, add to or improve any building, highway, road, excavation or
other structure, project development or improvement other than to personal property (but
not including anyone who merely furnished materials or supplies without fabricating the
same into, or consuming the same in the performance of the work of the contractor as
herein defined.
5.04.050 Department store. "Department store" means a place of business
where, within the same room or building, one person sells or offers for sale more than
three classes of goods or commodities, such as clothing, hats, shoes, rugs, carpets,
millinery, dry goods, hardware, furniture, paints, oils and paint supplies, crockery and
glassware and other articles.
5.04.060 Employee. "Employee" means all persons engaged in the operation or
conduct of any business, whether as owner, any member of the owner's family partner,
agent, manager, solicitor, and any and all other persons employed or working in said
business.
5.04.070 Evidence of doing business. When any person shall by use of signs,
circulars, cards, telephone book or newspapers, advertise, hold out, or represent that such
person is conducting business in the City; or when any person holds an active license or
permit issued by a government agency indicating that such person is in business in the
City, and such person fails to deny by a Sworn Statement given to the City that such
person is not conducting business within the City, after being requested to do so by the
City, then such facts shall be considered prima facie evidence that such person is
conducting a business in the City.
5.04.080 Fixed place of business. "Fixed place of business" means and includes
the place at which the principal tools, equipment or machinery used by any person are
customarily stored or located while not in use in the City or at which is maintained the
principal stock of materials or supplies and the books and records used by any person in
1
work in the City.
5.04.090 Gross Receipts. "Gross receipts" (except as otherwise specifically
provided) means the gross receipts of the calendar year, and is defined as follows:
The total amount of the sales price of all sales, total amount charged or received,
including commissions and excluding discounts, and sales tax for the performance of any
act or employment, whatever nature it may be, whether such service, act or employment
is done as a part of or in connection with the sales of goods, wares, merchandise, or not,
for which a charge is made or credit allowed, including all receipts, cash, credits and
property of every kind or nature and amount for which credit is allowed by the seller to the
purchaser without any deduction therefrom on account of the cost of materials used, labor
or service cost, interest paid or payable, losses or other expenses whatsoever.
5.04.100 House. "House" means any room, trailer or building used for dwelling
purposes and shall not include any room, rooms, building or buildings or places which are
licensed for business activities under and pursuant to Chapters 5.08 through 5.22.
5.04.110 Identification symbol. Whenever an identifying sticker, tag, plate, or
symbol has been issued for a vehicle, device, machine, or other piece of equipment
included in the measure of a license tax, the person to whom such sticker, tag, plate, or
symbol has been issued shall firmly affix such upon each such vehicle, device, machine,
or piece of equipment and keep it affixed at such place as to designated by the City during
the period for which the sticker, tag, plate, or symbol is issued. It is unlawful for any
person to fail to comply with the provisions of this section.
No person shall give away, sell, or transfer to another person any identifying sticker,
tag, plate or symbol or permit its use by another person.
5.04.120 Investigation. Any person who is required to receive a clearance and
investigative report from the police department, including fingerprinting and/or
investigation, shall pay a fee as set by resolution for this service. It is expressly provided
that this fee is not a license tax or fee; it shall be solely to cover the cost of enforcement
of the regulatory act and procedure.
5.04.130 Out-of-Town. "Out-of Town" means the conducting of a business within
the City but not having a fixed place of business within the City.
5.04.140 Person. "Person" includes persons, associations, firms, partnerships and
corporations, in both the singular and plural number.
5.04.150 Place. "Place" means any room, building or place in/on, which there is
carried on a business activity licensed under and pursuant to Chapters 5.08 through 5.22.
5.04.160 Selling. "Selling" means and includes selling, offering to sell or
contracting to sell, at wholesale or retail, any goods, wares, merchandise or services within
the City.
5.04.170 Subcontractors. "Subcontractors" means every contractor who under
a general contractor, takes part in the construction, alteration, repair, addition to or
improvement of any building, highway, road, excavation or other structure, project
development or improvement as set forth in Section 5.04.040.
5.04.180 Sworn Statement. "Sworn Statement" means an affidavit sworn to before
a person authorized to take oaths, or a declaration or certification made under penalty of
perjury.
SECTION 3. GENERAL PROVISIONS.
5.08.010 Short title; purpose. This Chapter shall be known as the "Business
License Tax Code." It is enacted solely to raise revenue for municipal purposes and is not
2
intended for regulation.
5.08.020 Compliance--License required. It is unlawful for any person, whether
as owner, manager, principal, agent, clerk, employee, officer or corporate, or as an officer
of any corporation, or otherwise, to commence, manage, engage in, conduct or carry on
any business, vocation, profession, calling, show, exhibition or game, in Chapt~rs 5.04
through 5.22 specified, in the City, without first complying with any and all regulations for
such business, vocation, profession, calling, show, exhibition or game contained in
Chapters 5.04 through 5.22. The carrying on of any such business, vocation, profession,
calling, show, exhibition or game specified in Chapters 5.04 through 5.22 without first
having procured a license from said City to do so, or without first having complied with any
and all regulations for such business, vocation, profession, calling, show, exhibition or
game contained in Chapters 5.04 through 5.22 constitutes a separate violation of Chapters
5.04 through 5.22 for each and every day that such violation or failure to comply is
continued, permitted or committed.
I I
. I
5.08.030 Information confidential. It is unlawful for the City or any person having
an administrative duty pursuant to the provisions of this Chapter to make known in any
manner whatever the business affairs, operations, or information obtained by investigation
of the records and equipment of any person required to obtain a license tax, or any other
person visited or examined in the discharge of any official duty, or the amount or source
of income, profits, losses, expenditures, or any particular thereof set forth in any statement
or application, or copy of either, or any book containing any abstract or particulars thereof
to be seen or examined by any person; provided, however, the provisions of this section
shall not be construed to prevent:
A. The disclosure to, or the examination of records and equipment by, another City
Official, employee or agent for the collection of taxes or for the sole purpose of
administering or enforcing any provision of this Chapter or collecting taxes imposed by the
provisions of this Chapter;
B. The disclosure of information to, or the examination of records by, federal or
state official, or the officials of another City or County or City and County if a reciprocal
arrangement exists with such other City or County or to a grand jury or court of law upon
subpoena;
C. The disclosure of information and results of the examination of records of
particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding
brought to determine the existence or amount of any license tax liability of the particular
taxpayers to the City;
D. The disclosure, after the filing of a written request to such effects, to the
taxpayer himself or to his successors, receivers, trustees, executors, administrators,
assignees, and guarantors, if directly interested, of information relating to the items
included in the measure of any paid tax, any unpaid tax or amounts of tax required to be
collected, including interest and penalties; provided, however, the City Attorney shall
approve such disclosure, and the City may refuse to make any disclosure set forth in this
subsection when, in his opinion, the public interest would suffer thereby;
E. The disclosure of the names and addresses of persons to whom licenses have
been issued and the general type or nature of their business;
F. The disclosure by way of public meeting, or otherwise, of such information as
may be necessary to the Council in order to permit it to be fully advised of the facts when
a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with
regard to a claim asserted against him by the City for license taxes, or when acting upon
any other matter; and
G. The disclosure of general statistics regarding taxes collected or business done
in the City. H. The provisions of this section shall be subject to the applicable
provisions of the California Public Records Act (Title 1, Division 7, Chapter 3.5, Section
6250 et seq. of the California Government Code).
5.08.040 Charge deemed debt to City--Collection. The amount of each license
charge imposed by Chapters 5.04 through 5.22 or each sum required to be paid hereunder
is a debt due the City from any person who engages in any business, vocation, profession,
3
calling, show, exhibition or game required to be licensed without firs! obtaining a Iice~se
so to do, and an immediate cause of action shall accrue to the City for the collection
thereof in any court of competent jurisdiction.
5.08.050 License issuance to person indebted to City. No license for any
ensuing, current or unexpired license period shall be issued to any person who at the time
of making application for such license is indebted to the City for any unpaid fees required
to be paid under any provisions of Lake Elsinore Municipal Code. Any license issued
contrary to the provisions of this Section shall be void and of no effect. Any payments from
the City to any person conducting or carrying on any business, vocation, profession,
calling or show may be held if the person does not have a business license.
5.08.060 State Licensing. No person shall be licensed under Chapters 5.04
through 5.22 as to any business, vocation, pursuit, profession, calling, show, exhibition or
game which is regulated or licensed by the State unless at the time of issuance of a City
business license hereunder such person is duly licensed by the State. Presentation of a
valid unexpired state license shall be prima facie evidence that such person is so licensed
by the state.
5.08.070 Applicant with fictitious name. No license shall be issued to any
person, firm or partnership conducting or carrying on any business under a fictitious name,
unless an affidavit be filed in the office of the County Clerk of Riverside County showing
the true names of the owners of such business. Such license may, however, be issued in
the true names of the owners of such business without the filing of the affidavit.
5.08.080 Posting--Exhibit upon request. Every person required to have a license
under Chapters 5.04 through 5.22 and carrying on a business at a fixed place shall keep
such license posted in a conspicuous place on the premises so as to be readily seen.
Every person required to have a license, but not carrying on a business at a fixed place,
shall exhibit such license whenever requested to do so by any officer of the City.
5.08.090 Transfer and scope of license--Application for transfer.
A. Licenses granted or issued under the provisions of Chapters 5.04 through 5.22
shall not be transferred, nor shall they authorize any person other than therein named to
do business, nor shall they authorize the person therein named to do business at any
location or premises except as specified in the license, unless they are transferable
licenses and first are transferred by the Business License Officer.
B. Before any license is transferred, the person applying for such transfer shall
make application for license as provided in Sections 5.08.150 and 5.08.160, shall comply
with all requirements of Chapters 5.04 through 5.22 and other ordinances of the City as
though there were to be an initial issuance of a license to such transferee, and shall pay
the Business License Officer a charge for such transfer equal to ten percent of the fee then
provided by Chapters 5.04 through 5.22 for original issuance of such license. The location
of all business may be transferred upon application to the Business License Officer and
the payment of the fee established by resolution. The Business License Officer shall
reissue the license at the new location and cancel the previous license.
C. Licenses hereunder shall be transferable excepting the following types and
classifications of licenses which shall not be transferred:
1. Any license granted under the provisions of Section 5.08.160 or under the
exemptions provided in Chapter 5.12;
2. Advertising;
3. Amusements of all kinds;
4. Astrologer;
5. Auction;
6. Automobiles and taxicabs for hire;
7. Bankrupt, assigned or damaged goods;
8. Council special permit;
9. Detective, private;
10. Locksmith;
4
11. Medicine show;
12. Pawnbroker;
13. Secondhand dealer.
D. Any business license transferrable as provided in Chapters 5.04 through 5.22
cannot be transferred from one owner to another. This must be a new license issuance.
5.08.100 License--Tax when issued under previous ordinances. Where a
license for revenue purposes has been issued to any business by the City and tax paid
therefor under the provisions of any ordinance heretofore enacted and the term of such
license has not expired, then the business operations tax prescribed by this Chapter for
the business shall not be payable until the expiration of the term for such unexpired
license.
5.08.110 Permit as prerequisite to license issuance. No license shall be issued
hereunder when the provisions of some other ordinance of this City require a permit to
obtained as a prerequisite to entering into such business, until such permit is first applied
for or obtained. Any license issued contrary to the provisions of this section shall be void
and of no effect.
5.08.120 Location to be specified. Each license shall be issued for a specific
location or premises except where Chapters 5.04 through 5.22 expressly allow otherwise.
5.08.130 Other agency review. The City may refer to any governmental agency
any statement and all other information submitted by persons subject to the provisions of
this Chapter in connection with the conduct of a business regulated or supervised or
otherwise the concern of any such agency, including agencies concerned with health
regulations, fire safety, police considerations, or any other safeguard of the public interest.
Failure to comply with conditions required by other agency review shall result in revocation
of the license once granted.
5.08.140 Compliance with zoning regulations. No license shall be issued on any
application when the place where the business, trade or occupation sought to be carried
on is not in the proper zone or district therefor, or is otherwise not qualified in accordance
with the provisions of the zoning ordinances of the City. Any license issued contrary to the
provisions of this Section shall be void and of no effect.
5.08.150 Savings clause. Neither the adoption of this Chapter nor its superseding
of any portion of any other Chapter shall in any manner be construed to affect prosecution
for violation of any Chapter or ordinance prior to the effective date hereof, nor be
construed as a waiver of any license or any penal provision applicable to any such
violation, nor be construed to affect the validity of any bond or cash deposit required by
any ordinance to be posed, filed or deposited, and all rights and obligations thereunto
appertaining shall continue in full force and effect.
5.08.160 License not to authorize illegal business. No license issued under the
provisions of Chapters 5.04 through 5.22 shall be construed as authorizing the conduct
or continuance of any illegal or unlawful business or the violation of any ordinance of the
City. Any license issued contrary to the provisions of this section shall be void and of no
effect.
5.08.170 Special Permit issuance. For every business or occupation which
requires a special permit from the City Manager, the issuance of said permit shall be
based upon a fee set by resolution and a finding by the City Manager or his designee
pursuant to the following standards:
A. The business or vocation does not present a substantial danger to the public;
B. The business or occupation does not tend to increase health hazards within the
City;
C. The business or occupation does not tend to promote violations of the laws of
the State or of the City.
5
5.08.180 Duplicates. A duplicate license may be issued by the City to replace any
license previously issued pursuant to the provisions of this Chapter, which license has
been lost or destroyed, upon the licensee filing an affidavit attesting to such fact and
paying to the City a duplicate license fee as set forth by resolution.
5.08.190 Error in Iicense--Effect. Any error made by the City in preparing a
license, stating the kind of business, the location thereof, the amount of the charge
therefor, or in determining the proper zone, shall not prejudice the collection by the City
of the amount actually due under Chapters 5.04 through 5.22 or any other ordinance, nor
enforcement of any regulations applicable thereto, nor shall the issuance of a license
authorize the carrying on of any business, trade or occupation in any zone or location
contrary to the provisions of the ordinances of the City.
5.08.200 License preparation and issuance. All licenses shall be prepared and
issued by the City upon payment of the sums required to be paid hereunder and the
furnishing to the City by the applicant of such information in writing as is necessary to
enable the Officer to fully determine whether Chapters 5.04 through 5.22 and other City
ordinances are applicable in the particular circumstances.
5.08.210 Records to be kept. The Business License Department shall keep a
record in which shall be entered all licenses issued, the date thereof, to whom issued, for
what purpose, the location where the same is to be carried on, any transfers that occur,
the time when the license expires, and the amount thereof.
5.08.220 Enforcement authority. The City's law enforcement agency, all Code
Enforcement Officers and all Business License Officers or Supervisors are appointed
inspectors of licenses, to examine all places of business and persons liable to procure a
license, to see that such licenses are taken out, and to see that all regulatory provisions
of Chapters 5.04 through 5.22 are enforced; and shall have the right to enter free of
charge at any time any place of business for which a license is required by Chapters 5.04
through 5.22 to demand the exhibition of such license for current term by any person
engaged or employed in the transaction of such business to ascertain that the required
licenses have been procured; and to enforce and perform all of the regulatory provisions
of Chapters 5.04 through 5.22.
5.08.230 License payment--When due. All licenses specified in Chapters 5.04
through 5.22 shall be due and payable in advance in full and each person required to have
a license shall be liable for payment of the fee for the full term.
5.08.240 Payment of other licenses not excused. Any person required to pay
a license fee for conducting a business under this Chapter shall not be relieved from the
payment of any license fee for the privilege of conducting such business required under
any other provision of this code or any other ordinance or regulation of the City of other
agency, and such person shall remain subject to such other provisions.
5.08.250 License payment--Delinquency penalties. For failure to pay a business
license fee when due upon approval or renewal, the City shall add the following penalties:
A. Twenty-five percent of the business license fees on the fifteenth day of the
month following the due date; and
B. Fifty percent on the fifteenth day of the second month following the due date;
and
C. Seventy-five percent on the fifteenth day of the third month after the due date;
and
D. One-hundred percent on the fifteenth day of the fourth month after the due date
thereof; provided, that the amount of such penalties to be added shall in no event exceed
one-hundred percent of the amount of the business license fee due.
5.08.260 License payment--Daily. Where a license fee in Chapters 5.04 through
5.22 is fixed at a daily rate, a part of the day shall be deemed a day and the full fee shall
6
be paid for a day or fraction thereof.
5.08.270 License payment--Annual and other rates.
A. Unless otherwise provided by law, business licenses shall be issued for a one
year period and the fees, as established by resolution, shall be paid in full at the time of
issuance.
B. If an applicant for an annual business license intends to conduct a business for
six months or less, said applicant may be granted a business license for six months on the
initial issuance of said business license.
5.08.280 Application for refund.
A. Any business tax, or penalties or interest thereon, or portion thereof, may be
refunded, if they were:
1. Paid more than once;
2. Erroneously or illegally collected;
3. Paid in excess of the correct amount due;
4. Issued for a business which subsequently does not operate in the City, due
to applicant's inability to obtain additional permits required under any provision of this
Code. In such case, the applicant shall be entitled to a refund of the business tax paid
less a twenty percent (20%) administrative processing charge.
B. No refund of monies howsoever paid or collected shall be allowed in whole or
in part unless an application therefor is filed with the City within a period of one (1) year
from the expiration of the license period for which a refund is sought, and all such claims
for refund must be filed with the City on forms furnished thereby in the manner prescribed
by the City. Such application may be made only by the person who made the payment,
his or her guardian, executor, administrator or heir. Refunds shall not be made to an
assignee of the application. Upon filing of such a claim, and when it is determined that a
refund is warranted, the City shall refund the amount warranted, less twenty percent
(20%), to cover the administrative cost of the refund. Provided, however, that in the case
of a refund made pursuant to subsection 2, and where applicable, subsection 4, no
deduction shall be made on account of the administrative cost therefor. The failure to file
such application within the time prescribed herein shall bar any future right of recovery.
C. Where the City has determined that a refund is due upon a particular business
tax certificate, but where the applicant is at the same time determined to be delinquent or
otherwise liable for a business tax upon a separate business license; then in that event,
the City shall apply said refund amount to the balance owing and delinquent for said
business. The City shall then refund any amount remaining.
D. No refund shall be made where the business license was issued under a
misrepresentation of fact by the applicant and/or such application actually engaged in the
conduct of the business for which the license was granted prior to the date stated in
applicant's original application.
E. In all cases proof of payment, by the applicant, shall be a prerequisite to any
refund.
SECTION 4. EXEMPTIONS.
5.12.010 Council discretion. The City Council, for good and satisfactory cause
shown, may order the issuance of a license for less than the fees provided in Chapters
5.04 through 5.22 or without the payment of any fee whatsoever.
5.12.020. Exemption--Disabled veterans.
A. Every honorable discharged soldier, sailor, marine, or coastguardsman of the
United States, who is physically unable to obtain a livelihood by manual labor and who is
a voter of this state, shall have the right to distribute circulars and hawk, peddle and vend
any goods, wares, or merchandise owned by him, except spirituous, malt, vinous, or other
intoxicating liquor, without payment of any license tax whatsoever, providing proof of such
physical disability is furnished to the City.
B. Every such honorably discharged person, before carrying on any such business
or pursuit, shall first procure from the City a license to do so, and shall be subject to all the
provisions of Chapters 5.04 through 5.22. Such license shall not extend beyond the
7
current calendar year during which same is issued.
C. Every such honorably discharged person claiming exemption under the
provisions of this Chapter shall exhibit to the City his or her honorable discharge, or a
certified copy thereof, together with a certificate signed by a licensed physician practicing
in the City, setting forth the physical disabilities of such honorably discharged or honorably
released person, and stating whether, in the opinion of such physician, the disabilities
render such person physically unable to obtain a livelihood by manual labor.
D. The City may revoke any license granted pursuant to the provisions of this
section upon information that the licensee is not entitled to the exemption.
5.12.040 Interstate or foreign commerce.
A. None of the license fees provided for in this Chapter shall be so applied as to
occasion an undue burden upon interstate commerce or be violative of the equal
protection and due process clauses of the Constitution of the United States or of the State
of California.
B. In any case where a license fee is believed by a licensee or applicant for a
license to place an undue burden upon interstate commerce or be violative of such
constitutional clauses, such person may apply to the City for an adjustment of the fee.
Such application may be made before, at the time of, or within six months after, payment
of the prescribed license fee. The applicant or licensee shall, by Sworn Statement and
supporting testimony, show his method of Business and the Gross Receipts or estimated
Gross Receipts of such Business and such other information as the City may deem
necessary in order to determine the extent, if any, of undue burden or violation. The City
may then conduct an investigation, and fix as the license fee for the applicant or licensee
an amount that is reason~,BIK ~nd nondiscriminatory. If the license fee has already been
paid, the City shall refu~the amount over and above the license fee so fixed. Any
adjusted fee fixed pursuant to this section shall not exceed the license fee prescribed for
similar businesses as to which no adjustment has been made pursuant to this section.
C. The City may require the applicant of licensee to submit, either at the time of
termination of applicant's or licensee's business in the City, or at the end of each three-
month or longer period, a Sworn Statement of the Gross Receipts from sources within the
City upon which the license fee adjustment has been based; provided that no additional
license fee during anyone licensing year shall be required after the licensee shall have
paid an amount equal to the annual license fee prescribed for businesses as to which no
adjustment has been made pursuant to this section.
5.12.050 Not-for-profit business. Nothing in this Chapter shall be deemed or
construed to apply to any person transacting and carrying on any business exempt by
virtue of the Constitution or applicable statues of the United States or of the state from the
payment of such taxes as are herein prescribed. Any person claiming exemption pursuant
to this section shall file a sworn statement with the City stating the facts upon which
exemption is claimed; provide to the City, the Secretary of State's Certified List of Officers
and an official computer printout of the status of the organization, any costs incurred from
the State shall be paid by the person or organization; and in the absence of such
statement substantiating the claim, such person shall be liable for the payment of the taxes
imposed by this Chapter. The City shall, upon a proper showing contained in the sworn
statement, issue a license to such person claiming exemption under this section without
payment to the City the business license tax required by this Chapter. The City, after
giving notice and a reasonable opportunity for hearing to a licensee, may revoke any
license granted pursuant to the provisions of this section upon information that the
licensee is not entitled to the exemption as provided herein:
A. Any institution or organization which is conducted, managed or carried on wholly
for the benefit of charitable purposes and from which profit is not derived, either directly
or indirectly, by an individual; provided, that the applicant shall furnish proof to the City that
such is the case;
B. Any enterprise or entertainment when the receipts derived therefrom are to be
apportioned to any church or school or to any religious, benevolent or charitable purpose;
C. "Charity" shall include any non-profit organization, trust or other person which
solicits or obtains contributions solicited from the public for charitable purposes or holds
8
any assets for charitable purposes. Charitable purposes include but are not limited to the
improvement and advancement of public safety, education, religion, the prevention of
cruelty to children and animals, environmental protection, and other benevolent purposes.
Any charity described herein must be exempt from taxation pursuant to California Revenue
and Taxation Code Section 23701 (d) or Internal Revenue Code Section 501 (c)(3).
5.12.060 Exemption from business taxes--Franchise taxes. Except as may be
otherwise specifically provided in this Chapter, the terms hereof shall not be deemed or
construed to apply to any public utility which pays a franchise or similar tax to the City.
~8-
SECTION 5. FEES.
5.16.010 License--Application--Issuance. Every person required to have a
license under the provisions of this Chapter shall make application for the same to the City
of the cay, and, upon the payment of the prescribed tax, the tax collector shall issue to
such person a license which shall contain:
A. The name of the person to whom the license is issued;
B. The business license number;
C. The place where such business is to be transacted and carried on;
D. The date of expiration of the license; and
E. Such other information as may be necessary for the enforcement of the
provisions of this Chapter.
5.16.020 New business--Application fee. Before engaging in said newly
established business, the person shall first file with the City a written application therefor
and shall pay to the City an initial license fee, together with a nonrefundable processing
fee, both of which are set forth by resolution.
5.16.030 Generally. The several rates to be paid for licenses to commence,
manage, engage in, maintain, conduct or carry on business, professions, vocations,
callings, trades, occupations, shows, exhibitions and games within the City as classified
in this Chapter shall be set forth by Resolution as adopted by the City Council.
5.16.040 Business license fees--Increases.
A. The business license fees for the various classifications of businesses shall be
established by resolution of the City Council.
B. At any time, the City Council may by resolution increase or decrease the
business license fees.
5.16.050 Classifications which require license fees designated--Determination
for other businesses.
A. Each business, profession, vocation, calling, trade, occupation, show, exhibition
and game shall pay the business license fee specified for the following classifications:
1. General;
2. Professional, Semi-Professions and Similar Businesses;
3. Contractors;
4. Rentals;
5. Vending machines; and
6. Miscellaneous.
B. In the event a business, profession, vocation, calling, trade, occupation, show,
exhibition or game does not readily appear to fall in one of the above listed classifications,
then the City Manager, or his designee, shall determine which classification shall be
applicable, and any person aggrieved by such decision may administratively appeal such
decision to the City Council.
5.16.060 General classification categories. The general classification includes
any category not specifically described by another classification and includes, by way of
example:
1. Shoe shining parlor or stand;
2. Cigars and tobacco stands or shops;
9
3. Messenger service;
4. popcorn and nut store or shop;
5. Awning and tent store;
6. Books and stationery store;
7. Carpentry shop, where woodworking or repairing is done and Planing or
molding mill;
8. Delicatessen;
9. Electrical fixtures and supplies; where contracting also is done, a separate
license fee for such contracting shall also be paid;
10. Employment agency or bureau;
11. Escrow business;
12. Florist shop;
13. Gift, art or curio shop or store;
14. Harness, saddlery or tack shop;
15. Hat shop or store and related functions;
16. Hemstitching and pleating;
17. Jewelry store or shop, including jewelry, watch or clock repair;
18. Luggage shop, including trunks and other travel equipment;
19. Nursery or gardening, selling nursery stock or conducting a gardening
business and related functions; where contracting also is done, a separate license fee for
such contracting shall also be paid;
20. Paint and oil dealer;
21. Stable;
22. Tailor shop;
23. Upholstery;
24. Warehouse, including moving and storage;
25. Air conditioning and refrigeration sales and service; when contracting also
is done, a separate license fee for such contracting shall also be paid;
26. Aircraft sales, maintenance, repair, storage or rental; aircraft accessories;
flying instructions; carrying passengers for hire in aircraft; air sports, such as skydiving and
ballooning;
27. Blacksmith shop or forge and horseshoeing;
28. Candy store, where candy is manufactured and/or sold;
29. Clothing and furnishings;
30. Dry goods store;
31. Heating sales and service; where contracting also is done, a separate
license fee for such contracting shall also be paid;
32. Household appliances and furnishings;
33. Ice cream, ice milk or frozen yogurt dealer, manufacturer or store;
34. Job printing office or plant;
35. Machine shop for manufacture of machines, machinery or parts;
36. Neon signs; manufacturing, selling, dealing or servicing of neon or other
tubular electrical signs; when contracting also is done, a separate license fee for such
contracting shall also be paid;
37. Plumbing fixtures and supplies; when contracting also is done, a separate
license fee for such contracting shall also be paid;
38. Radio and/or television store, where radios or televisions or parts are sold
or serviced; (video equipment)
39. Sheet metal works; when contracting also is done, a separate license fee
for such contracting shall also be paid;
40. Shoe store or cobbler;
41. Sporting goods shop;
42. Collection agency or credit bureau;
43. Creamery;
44. Drugstore;
45. Newspaper, magazines, and other publications;
46. Office supplies and equipment; selling or servicing office supplies,
machines or equipment;
47. Dancehall (public); a place where dancing is conducted, whether for profit
10
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. In
addition to a business license, every public dancehall or ballroom shall be required to have
a special permit issued by the City Manager;
48. Dancing school;
49. Golf driving range or archery range;
50. Riding academy or school;
51. Skating Rink;
52. Swimming pool;
53. Theaters or shows, including motion pictures or vaudeville theater at an
established place of business wholly within a permanent building constructed for theatrical
purposes;
54. Art gallery;
55. Astrologer, including every person who carries on, practices or professes
to practice the business or art of astrology, palmistry, phrenology, life readings,
cartomancy, handwriting analysis, chirography, clairvoyance, clairaudience, crystal gazing,
hypnotism, mediumship, prophecy, augury, divination, magic, necromancy, numerology,
or similar business, trade or calling, and who shall not be prohibited from doing or
conducting any of these practices, professions, businesses or callings by any statute of
this State, ordinance of this City or by any other law, and who demands or receives a fee
or compensation for the exercise or exhibition thereof, except that the provisions of this
Chapter shall not apply to those persons providing bona fide and incidental entertainment
and amusement for the guests and patrons of and on the premises of any business duly
licensed by the City for which no separate or additional charge or consideration shall be
paid by the guests or patrons or received or accepted by the person who performs or
practices astrology. Additionally, a special permit from the City Manager must be
obtained;
56. Auction; for the business of selling lands, tenements, hereditaments, goods,
wares, merchandise or real or personal property of any kind or description at auction or
public outcry, except no license shall be required for the selling at public sale of goods or
property belonging to the United States or to the State, or by virtue of process issued by
any State or Federal court, or by the legally appointed administrator, executor or guardian
of an estate. Additionally, a special permit shall be obtained from the City Manager;
57. Automobile and other motorized equipment sales and rentals, including
automobile accessories, motorcycles, motorscooters, garages or service stations for
automobiles and related vehicles; parking lots or storage yards for automobiles;
businesses engaged in painting of automobiles and other vehicles; automobile top or
upholstering shop; automobile wash rack or automobile wash place;
58. Bakery or baked goods shop;
59. Bankrupt, assigned or damaged goods; for selling or offering for sale
bankrupt, assigned or damaged stock or goods, wares or merchandise of whatever nature
or kind. Additionally, a special permit must be obtained from the City Manager;
60. Barbershop;
61. Beauty shop, with or without sale of toilet articles or cosmetics;
62. Beer tavern;
63. Bicycle or motor-driven cycle shop, for the repair, rental or sale of bicycles,
motor-driven cycles, or accessories;
64. Bottled water delivery;
65. Brickyard, where brick is manufactured or from which brick is sold;
66. Building supplies;
67. Building cleaners or janitorial services, for cleaning rooms or furnishings;
68. Carpet and rug cleaners, for cleaning carpets or rugs or related materials
or surfaces;
69. Private clubs, such as tennis clubs, golf clubs, country clubs, where
recreational sport or other facilities are provided for members and others;
70. Dairy, including wholesale and retail production and sale of milk and dairy
products;
71. Department store;
72. Eating places, catering services, restaurants, lunch counters, and snack
11
bars. For every eating place at which any dancing club, public dance or public dancehall
is conducted in conjunction therewith, the license fees otherwise provided in this Chapter
shall be paid in addition to the license fees for said eating place;
73. Dime stores, or other retail stores operating under similar format;
74. Furniture stores selling or dealing in new or secondhand furniture or both.
Additionally, a special permit must be obtained from the City Manager for secondhand
sales;
75. Gasoline delivery tanks, including the business of carrying on or managing
the business of buying, selling or dealing in petroleum products at wholesale;
76. Grocery stores and markets where meat, fish, poultry, egg and butter
products and household goods and related products are sold;
77. Hardware store;
78. Manufacturing of retail or wholesale products;
79. Ice; manufacturing, distributing or vending ice;
80. Investments and loan business;
81. Laundry, and other businesses for cleaning or pressing clothing and other
materials;
82. Liquor store;
83. Locksmith, including conducting, carrying on or engaging in key or lock
repair business or shop; providing that there first shall be procured from the City's law
enforcement agency and filed with the City a certificate that the applicant has been
investigated and it has been determined that the issuance of such license will not prejudice
the public, peace, safety, morals or welfare;
84. Lumber business or lumberyard, either wholesale or retail;
85. Music dealer, including the sale or rental of music and musical instruments,
and music instructions;
86. Nursery school for the care of children;
87. Packing house;
88. Camera shop, photography business; film processing and photography
accessories;
89. Prefabricated buildings, including the sale of such buildings; where
contracting also is done, a separate license fee for such contracting shall also be paid;
90. Rock, sand and gravel; sales or delivery, including acceptance of orders
for the sale of rock, sand or gravel which is removed from the premises by the purchaser;
91. Telegraph company for intrastate business, and telephone company;
92. Towel distributor, including distribution of towels, linens or napkins to
businesses, houses or offices, either by local or out-of-town operators;
93. Commercial traveler;
94. Record, tape, phonograph, video cassettes, compact disk stores, and other
related products including businesses engaged in the selling, renting or otherwise dealing
in recorded music, music machines, musical equipment, and video equipment;
95. Woodyards, including businesses selling and/or delivering firewood.
5.16.070 Skilled and professional categories. The skilled and professional
classification includes professional businesses and establishments offering skilled
services, and includes, by way of example, the following:
1. Accountants;
2. Advertising agents (except outdoor advertising);
3. Appraisers;
4. Architects;
5. Artists;
6. Attorneys at law;
7. Bacteriologists;
8. Certified public accountants;
9. Chemists;
10. Chiropodists;
11. Chiropractors;
12. Collection agents/agencies;
13. Consulting engineers;
12
15. Credit raters;
16. Dentists;
17. Designers and illustrators;
18. Directory publishers;
19. Doctors of medicine;
20. Draftsmen;
21. Electrologists;
22. Employment agencies;
23. Engineers (civil, chemical, mechanical, structural or hydraulic);
24. Entomologists;
25. Escrow services;
26. Geologists;
27. Insurance brokers;
28. Laboratories;
29. Landscape architects;
30. Lapidaries;
31. Lithographers;
32. Messeurs or messeuses;
33. Optometrists;
34. Osteopathic physicians;
35. Personnel consultants;
36. Physicians;
37. Psychologists;
38. Real estate brokers;
39. Stock brokers/salespersons;
40. Surveyors;
41. Taxidermists;
42. Veterinarians;
43 Undertakers and mortuaries; and
5.16.080 Contractors categories. The contractors classification includes general
engineering contractors; general building contractors; boiler, hot water heating, steam
fitting; cabinet and mill work; cement and concrete; electrical (general); electric signs;
elevator installation; excavating, grading, trenching, paving and surfacing; fireprotection
engineering; flooring (wood); glazing; house and building moving; insulation; landscaping;
lathing; masonry; ornamental metals; painting and decorating; plastering; plumbing;
refrigeration; roofing; sewer, sewage disposal, drains and cement pipe laying; sheet metal;
steel (reinforcing); steel (structural); structural pest control; tile (ceramic or mosaic); warm
air heating, ventilating, air conditioning; welding; well drilling; classified specialists; and
other businesses such as refuse collection, ambulance services and cable television
companies.
5.16.090 Rentals categories. The rentals classification includes any residential
rental units with one or more rooms, suites, apartment units, bungalow units, trailer spaces
or houses within the City limits capable of being rented or leased. Commercial units
means one or more rooms, offices, suites, or units capable of being rented or leased. In
addition, any building located in any area zoned for commercial, industrial or
manufacturing occupancy having a total of over five thousand square feet of floor space
capable of being rented or leased shall be considered to be commercial space.
Prior to the issuance of any license, a building occupancy inspection shall be
conducted on all commercial property for the purpose of safeguarding the health and
safety of the public interest.
5.16.095 Storage Units. Storage units shall be storage buildings, mini storage
units and open air storage facilities.
5.16.100 Vending machines. Applicant for the business of vending machines
shall be based on gross receipts.
A. For every person whose business is limited exclusively to renting, leasing,
13
operating or letting the use of any coin-operated vending machine or device, the annual
tax on business done exclusively within the City shall be set by resolution.
B. Sealing of nonidentified or unlicensed machines. The license collector may seal
the coin openings or slots in a manner which will render inoperative the coin devices on
any machine or devise not otherwise exempted by the provisions of this Chapter which is
found available to the public for operation and which does not have stamped or affixed
thereon the required identification or for which the proper license tax has not been paid;
in lieu thereof, he may seize and hold any such machine for the payment of such license
tax. A service charge as set by resolution shall be paid to the City by the owner or
operator of any such machine or device so sealed for the removal of such seals. No
person shall operate any machine or device so sealed without first submitting evidence to
the City that payment of the required license tax and service charge prescribed as set by
resolution has been made and until the required identification has been stamped upon or
affixed to the machine or device and the license collector has removed such seals. It is
unlawful for any person other that the City to break or remove any such seals. Upon
receipt of evidence of the payment of the tax and service charge and, when applicable,
evidence of other required compliance by the owner or operator of any machine or device
so sealed, the City shall break and remove such seals. In the event of seizure, any such
machines shall be disposed of upon nonpayment of such tax as provided by the laws
relative thereto. Such machines may be reclaimed by the owners, prior to disposal, upon
payment of taxes and all costs involved in the seizure, storage and handling thereof.
C. The owner of the business wherein the machine or device indicated herein is
located shall be held responsible for the full amount of the tax if the owner of the machine
or device has not paid the tax when due and payable.
D. At the time the license required by this Article is applied for, the applicant, in
addition to other application requirements of this Chapter, shall give the kind or character
of the machine or device, business name and street address, and number of machines at
each proposed location.
E. No person shall maintain any vending machine or device within the City without
having posted thereon, in a conspicuous place, a decal or label for identification purposes,
on which is written the name, address and telephone number of the owner or operator
thereof.
F. No business license tax or identification shall be required for the maintenance
or operation of:
1. Any machine dispensing sanitary or hygienic articles, or drinking cups,
towels or medicine, which machine is entirely owned and supplied by the owner or
operator of the premises where installed and is maintained solely for the convenience of
the employees, visitors or customers;
2. Any machine or device dispensing free magazines or flyers;
3. Any U.S. postage stamp machine;
4. Any change machine;
G. In the event any person discontinues maintaining any machine or device duly
licensed under this Chapter during a period when such machine or device is licensed for
an unexpired period, such licensee may substitute another like machine or device in its
place, and may maintain such substituted machine or device without the payment of an
additional license tax for the unexpired period of the license carried on such discontinued
machine or device; provided, that such person shall surrender the City-provided identifying
decal, metal-calor label, whichever the case may be, to the City and obtain a new
identifying decal, metal-calor label for such unexpired period for such substituted machine
or device.
H. All vending machines and mechanical devices referred to in this Chapter shall
be operated in accordance with the laws of the state.
I. Nothing contained in this Chapter nor any action of the license collector or any
duly authorized agent in issuing a license shall in any manner be considered as
expressing any opinion or approval as to the legality of any machine or device and shall
be no authority to operate any machines or devices as set forth in this article which may
be illegal or illegally operated under the laws of this state.
5.16.110 Miscellaneous categories. The miscellaneous classification includes
14
such businesses operating exclusively with a vehicle for advertising, delivering or selling
goods, wares, merchandise or services, and such other designated businesses, and
includes, by way of example, the following:
A. Advertising
B. Carnival, circus, rodeo or exhibitions;
C. Swap meets;
D. Arcades;
E. Game Machines;
F. Merry-go-rounds;
G. Shooting galleries;
H. Medicine shows;
I. Pawnshops or Secondhand dealers;
J. Wrecking yards, junk dealers or junk collectors;
K. Bowling alleys;
L. Billiard halls or poolhalls;
M. Tattoo ArtisUParlor.
N. Messeurs, Messeuses and Massage Parlors
5.16.120 Advertising.
A. Advertising by billboards includes every person erecting, installing, maintaining
billboards or operating any other advertising sign, sign device, design or statuary erected
to attract the attention of the public and visible from any street or other public place;
provided, however, that advertising by billboards shall not include signs affixed to the
building or on the directional signs, which sign or signs refer only to such license business,
or to "for sale" or "for rent" signs on real estate.
B. Advertising by distributing handbills includes every person operating the
business of distributing handbills, samples, dodgers, circulars, booklets, or other notices
of advertisements. No additional fee shall be required for employees or agents of such
licensees; provided, said employees or agents carry upon their person at all times while
engaged in the business an identification card furnished by the licensee.
C. Advertising by searchlight includes carrying on the business of advertising by
means of a searchlight, stereoscope, biograph, moving picture or any similar device;
provided, that nothing contained in this section shall be construed to affect or apply to any
person who shall be liable for and shall pay the license under any provisions of Chapter
5.04 through 5.22 and who shall use a stereotype, biograph or moving picture or any
similar device for the purpose of advertising goods, wares or merchandise of the business
of said person only.
5.16.130 Swap Meets. Every person carrying on a business of a swap meet, at
a specified location or premises, and whether on one or more lots, the exchange, barter,
sale, trade or purchase of personal property by or among persons not otherwise licensed
to do business with the City shall first obtain a license so to do.
5.16.140 Pawnshops and Secondhand Dealers. All establishments operating
as pawnshops and/or secondhand dealers and/or operating as pawnbrokers and/or
businesses which loan money on pledged tangible personal property shall pay a business
license fee as set by resolution. Such license shall not be issued until and unless the
applicant presents a certificate of clearance from the chief law enforcement officer and the
Department of Justice certifying that the business conforms in all respects with the law and
regulations of the City and the State of California.
5.16.150 Tattoo artist/parlor. Every person carrying on the business of a tattoo
artisUparlor shall pay a business license tax as set by resolution.
SECTION 6. MESSEURS, MESSEUSES AND MASSAGE PARLORS.
5.18.010 Definitions. Whenever, in this ordinance, the following terms are used,
they shall have the meaning ascribed to them in this section unless it is apparent from the
context thereof that some other meaning is intended.
A. "Health Officer" means the Director of the Health Department of the County of
15
Riverside, or his designated representative. .
B. "Massage" means pressure on, friction against, stroking and kneading the body
by manual or mechanical means, with or without appliances such as vibrators, infrared
heat, sun lamps and external baths, for the purpose of maintaining good health and
establishing and maintaining good physical condition.
C. "Massage Business" means the operation of an establishment where massage
is given.
D. "Massage Technician" means any person who, for consideration, gives or
administers to another person a massage.
E. "Panel" means the Massage Examining Panel of the County of Riverside.
F. "Person" means any individual, firm, partnership, joint venture, corporation,
association, club or organization.
G. "Practice of Massage" means the performance of massage for compensation,
either as the owner of or as an employee of a massage business, either at or away from
the place of business.
H. "Chief Law Enforcement Officer" means the Chief of Police or contract ranking
officer of the County sheriffs station.
5.18.020 License Required. No person:
A. Shall conduct a massage business in the City without a valid massage business
license.
B. Shall engage in or hold himself or herself out as engaged in the practice of
massage in the City without a valid massage technician license. The possession of a valid
massage business license does not allow the holder thereof to engage in the practice of
massage.
C. Who is the owner, operator, responsible managing employee or manager of a
massage business, shall employ or permit any individual to engage in the practice of
massage unless such individual possesses a valid massage technician license.
5.18.030 Exemptions. The provisions of this ordinance shall not apply to Trainers
for any amateur, semiprofessional or professional athlete or athletic team or school athletic
program.
5.18.040 Operating Requirements. A massage business shall meet the following
minimum requirements:
A. Conduct, or otherwise operate, a massage business only between the hours of
7:00 a.m. and 12:00 midnight.
B. Post a list of services available, described in readily understandable language,
and the cost of such services in a conspicuous place on the premises in which the
massage business is located.
C. Display the massage business license, and a copy of the license of each
massage technician therein, in a conspicuous place in the premises in which the massage
business is located.
D. Maintain a record which includes the date and time of each massage, the name
and address of the patron, the name of the person administering such massage and the
type of massage given. Such records shall be made available, upon request, for
inspection by the Chief Law Enforcement Officer. The information contained in such
records shall be confidential.
E. Provide a minimum of one (1) bathtub or shower, and one (1) toilet and wash
basin facilities for the patrons; provided, however, if male and female patrons are to be
served simultaneously, separate facilities shall be provided for such patrons. Where
steam rooms or sauna baths are provided and male and female patrons are to be served
simultaneously, separate steam rooms or sauna baths shall be provided for such patrons.
Hot and cold running water under pressure from a potable source shall be provided to all
wash basins, bathtubs, showers and similar facilities. Each water basin shall be provided
with soap or detergent and single service towels placed in permanently installed
dispensers. A trash receptacle shall be provided in each room where such facilities are
located. In addition to the wash basin provided for patrons, a minimum of one (1)
separate wash basin shall be located within or as close as practicable to each area in
16
which massages are administered.
F. Maintain lighting intensity of not less than seventy (70) foot candle power at floor
level in any room or enclosure in all public rooms, hallways and within each room or
enclosure where massages are administered.
G. Maintain walls, ceilings, floors, pools, showers, bathtubs, water basins, toilets,
wet and dry heat rooms, steam or vapor rooms and cabinets and all other facilities in good
repair and in a clean and sanitary condition. Showers, water basins, toilets, wet and dry
heat rooms, steam or vapor rooms, and cabinets and compartments shall be thoroughly
cleaned at least once each day the massage business is in operation. Bathtubs shall be
thoroughly cleaned after each use.
H. Provide clean and sanitary towels, sheets and linens for each patron. No
common usage of towels, sheets and linens shall be permitted. Towels, sheets and linens
shall be provided in sufficient quantity and shall not be used by more than one (1) person
unless such towels, sheets and linens have been relaundered. Heavy white paper may
be substituted for sheets; provided, however, that such paper is used only for one (1)
person and then discarded into a sanitary receptacle. Separate closed cabinets or
containers shall be provided for the storage of clean and soiled towels, sheets and linens,
and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen".
I. Provide disinfecting agents and sterilizing equipment sufficient to assure the
cleanliness and safe condition thereof for any instruments used in the performance of any
massage.
J. Cover pads used on massage tables in a workmanlike manner with durable,
washable plastic or other waterproof material.
K. Unlock all exterior doors from interior side during business hours.
L. Provide a separate locker for each patron to be served, which locker shall be
capable of being locked and available to each patron at no extra charge.
M. Shall not operate as a school of massage, or operate in the same location, or
use the same facilities as that of a school of massage except as otherwise may be
provided by law. It shall be unlawful for any person to perform any massage upon a
member of the general public while on the premises of a school of massage. Instructors
and students of such schools may practice massage only upon a bona fide employee or
another student of the school, or a dummy may be used.
5.18.050 Applications for Licenses/Renewals.
A. Applications for a massage business license, a massage technician license, or
for a renewal of such licenses, shall be filed with the Business License Officer. The fees
for massage business license and a massage technician license shall be set by resolution.
B. All licenses shall expire at the end of one year from the date of issue.
C. Upon receipt of an application for a massage business license, the Chief Law
Enforcement Officer shall cause an inspection to be made of the premises within which a
massage business is to be conducted within twenty (20) days to ascertain if such premises
are in compliance with the provisions of this ordinance, other applicable ordinances of the
City of Lake Elsinore and the laws of the State of California. If such premises are not in
compliance, the Chief Law Enforcement Officer shall notify the applicant, in writing, of the
deficiencies, and shall cause the reinspection of such premises to be made upon written
request by the applicant; provided, however, that such request for reinspection is made
within thirty (30) days after notice of noncompliance has been given by the Chief Law
Enforcement Officer.
D. Upon receipt of an application for a massage technician license, the Chief Law
Enforcement Officer shall request the Health Officer to conduct an examination of the
applicant. If the applicant fails to pass such examination, the Health Officer shall notify the
applicant of the results thereof, in writing, and shall cause a re-examination of the
applicant upon written request by the applicant; provided, however, that such request for
re-examination is made within thirty (30) days after notice of the results have been given
by the Health Officer.
E. Upon receipt of an application for a massage business license or a massage
technician license, the Chief Law Enforcement Officer shall investigate the truth of the
matters set forth in the application. The Chief Law Enforcement Officer may make
inquiries to any office or department of any federal, state or local agency which the Chief
17
of Law Enforcement deems essential to carry out a proper investigation of the applicant.
5.18.060 Massage Technicians--Apparel Requirements. Massage technicians
shall be fully clothed in hygienically clean apparel while engaged in the practice of
massage. As used herein, "fully clothed" shall mean the wearing of clothing which is
comparable to the clothing commonly worn by nurses and physical therapists while
performing their respective professional duties.
5.18.070 Issuance of Licenses. The Chief Law Enforcement Officer shall issue:
A. A massage business license to any adult applicant:
1. Whose massage business premises are in compliance with the provisions
of this ordinance, other applicable ordinances of the City of Lake Elsinore and the laws of
the State of California; and
2. Who has not committed any acts or crimes constituting grounds for denial
under Section 5.18.080 of this Chapter.
B. A massage technician license to any adult applicant:
1. Who has satisfactorily demonstrated to the Health Officer to be free of any
active communicable disease; and,
2. Who has passed the examination conducted by the Panel; and,
3. Who has not committed any acts or crimes constituting grounds for denial
under Section 5.18.080 of this Chapter.
5.18.080 Grounds for Denial, Renewal Suspension or Revocation of a License.
A. The Chief Law Enforcement Officer may deny an application for any license, or
renewal thereof, required under this ordinance, if he finds:
1. That the applicant has knowingly made any false, misleading or fraudulent
statement of a material fact in the application or any document in connection therewith; or,
2. That the applicant has done any act involving dishonesty, fraud or deceit with
the intent to substantially benefit himself, herself or another, or substantially injure another;
or,
3. That the applicant has been convicted of any crime. A conviction shall mean
a plea or verdict of guilty or conviction following a plea of nolo contendere, unless the
conviction was so remote in time as to indicate that the applicant has been rehabilitated,
or the applicant has presented evidence to the Chief Law Enforcement Officer which
shows to the Chief Law Enforcement Officer's satisfaction that the applicant has been
rehabilitated; or,
4. That the applicant does not meet the qualifications required under Section
8 of this ordinance.
B. Such denial may be made only if the act or crime referred to in subsections
(a)(2) or (a) (3) above are substantially related to the qualifications, functions or duties of
a person engaged in the business or practice of massage.
C. The Chief Law Enforcement Officer may suspend or revoke a license required
under this ordinance, if he finds:
1. That the licensee has violated any of the provisions, or failed to comply with
any of the requirements of this ordinance; or
2. That the licensee has engaged in the practice of massage or the
management of a massage business that does not comport with the public welfare for any
reason or that the same have been conducted in any illegal, improper or disorderly
manner, or for any reason for which the application for any license, or renewal thereof,
required under this ordinance could have been denied.
5.18.090 Appeal. If, after an investigation, the Chief Law Enforcement Officer
proposes to suspend or revoke a license or deny an application for such license, he shall
prepare a notice of such intention setting forth the reasons therefor, and such notice shall
be served personally on the licensee or applicant, or sent by registered or certified mail,
postage prepaid, return receipt requested, to the licensee's or applicant's address as
provided in the application. The notice shall set a date, time and place for a hearing
relative to such suspension, revocation or denial before the Chief Law Enforcement
Officer, which date shall be not less than ten (10) days after service of the notice. Unless
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the licensee or applicant requests to be heard at the time and place specified in such
notice within seven (7) days after service thereof, the proposed decision set forth in the
notice shall be final as of the date set for hearing by such notice. If a hearing is requested
and the Chief Law Enforcement decides to suspend or revoke the license, or deny the
application, the licensee or applicant may appeal the decision by filing with the. City CI~rk,
within ten (10) days after the date of such decision, a written notice of appeal bnefly setting
forth the reasons why such suspension, revocation or denial is not proper, otherwise such
decision shall be final. The City Clerk shall give written notice of the time and place of the
hearing to the appellant. Such appeal shall be heard by the City Council which may affirm,
amend or reverse the decision or take such other action as it deems appropriate. In
conducting the hearing, the City Council shall not be limited by the technical rules of
evidence.
5.18.100 Inspection. The Chief Law Enforcement Officer shall, from time to time,
and at least once a year, cause an inspection to be made of the premises and facilities of
each massage business located within the City of Lake Elsinore.
5.18.110 Licenses Not Transferable. No license issued hereunder shall be
transferable from one person to another. A massage business license shall be issued for
a specific location, and shall in no event be transferable from one location to another.
5.18.120 Penalties. Any person violating any of the provisions, or failing to comply
with any of the requirements, of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof, shall be punishable by a fine not to exceed $500.00, or by
imprisonment in the County jail for a period of not more than six (6) months, or by both
such fine and imprisonment. Each day a violation is committed or permitted to continue
shall constitute a separate offense.
5.18.130 Other Remedies. The provisions of this Chapter are to be construed as
added remedies and not in conflict or derogation of any other actions or proceedings or
remedies otherwise provided by law.
5.18.140 Severability. If any provision, clause, sentence or paragraph of this
ordinance or the application thereof to any person or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or applications of the provisions of this
ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are hereby declared to be severable.
SECTION 7. MORE THAN ONE BUSINESS ON A SINGLE PREMISES.
5.19.010 More than one business on a single premises--Separate premises.
A. Where a license fee is imposed upon any business pursuant to this Chapter, and
such business is conducted with branch establishments or at separate fixed places, the
fee shall be computed as if each such branch or place were a separate and independent
business.
B. A separate license shall be obtained for each branch establishment or location
of the business and for each separate type of business at the same location. Each license
shall authorize the licensee to transact and carry on only the business licensed thereby
at the location specified in the license, and in the manner designated in such license.
SECTION 8. VIOLATIONS.
5.20.010 Remedies cumulative. The conviction and punishment of any person
under Chapters 5.04 through 5.19 shall not relieve such person from fully complying with
the requirements of Chapters 5.04 through 5.19, including application for and procuring
of license and payment of license fees due, nor shall the payment of any license fee affect
a criminal prosecution for the violation of or failure to comply with any of the provisions of
Chapters 5.04 through 5.19. The remedies prescribed hereunder are cumulative and use
of one or more remedies by the City shall not bar the use of any other remedy for the
purpose of enforcing the provisions of Chapters 5.04 through 5.19.
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SECTION 9. PEDDLERS, SOLICITORS AND MOBILE VENDORS.
5.22.010 Definitions.
A. "Business by Vehicle" means the running, driving or operating of any vehicle,
automobile, truck, automobile tank, wagon or any vehicle for the purpose of transportation,
sale, collection or delivery of goods, wares, merchandise or other personal property of any
kind from a vehicle, either as a principal business or in connection with any other business
or in soliciting for work, labor or services to be performed upon the public streets in or from
a vehicle, or to be performed on goods, wares, merchandise, clothes or other personal
property to be taken for such purpose to a plant or establishment inside or outside the City.
This definition shall not be deemed to apply to the delivery of goods by persons operating
such a vehicle in conjunction with a fixed place of business within the City for which such
business a license fee has been paid pursuant to the provisions of this Chapter. This
definition shall not be construed as imposing a tax upon vehicles, but as a method of
classification of businesses and distinguishing between persons maintaining a fixed place
of business in the conduct of which a vehicle is used, and persons maintaining a business
in the conduct of which vehicles are used, but who do not have a fixed place of business
in the City.
B. "Commercial Traveler" means and includes any person who travels or goes from
place to place within the City and solicits, sells or takes orders at retail for goods, wares
or merchandise for present or future delivery.
C. "Mobile Vending" means Business by Vehicle.
D. "Peddler" means and includes any person who travels or goes from house to
house within the City and peddles, hawks, vends or sells any goods, wares, medicines,
merchandise or anything of value in the possession of the Peddler to Persons other than
manufacturers, wholesalers, jobbers or retailers in such commodities.
E. "Solicitor" means and includes any person who goes from house to house within
the City and solicits or takes orders at retail for any services, goods, wares or merchandise
for future performance or delivery.
F. "Public Street" means that portion of a street designated as such by the City,
which is improved or unimproved, designed and ordinarily used by the public for the
primary purpose of vehicular traffic.
G. "Public Parkway" means any portion of a public street right-of-way which is set
apart by curbs or land designated by the City, for pedestrian travel.
5.22.020 License--Required. It is unlawful for any person, either as owner, agent,
operator or otherwise to engage in the business of operating any peddler, solicitor or
mobile vendor without first securing a license so to do from the City according to each and
every regulation contained in this Chapter any regulations or rules promulgated by
resolution pursuant thereto.
5.22.030 License--Application--Contents.
A. Applicants for licenses to commence manage, engage in, maintain, conduct or
carry on the business described in Section 5.22.010 of this Chapter, must furnish to the
City the following additional information:
1. The true and fictitious names and description of applicant;
2. Permanent home address and full local address of applicant;
3. Brief description of the nature of the business and the goods to be sold;
4. The City, County and State where the person conducted any kind of selling
activity within the past five (5) years;
5. If employed, the name and address of the employer, together with
credentials establishing the exact relationship;
6. The length of time for which the right to do business is desired;
7. 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;
8. Photograph of applicant and photograph of any vehicle used in such
peddling or solicitation taken within sixty days immediately prior to the date of filing
application; picture of applicant shall be two inches by two inches showing the head and
shoulders of the applicant in a clear and distinguishing manner;
20
9. A statement as to whether or not applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and
the punishment or penalty assessed therefor; and
10. A statement by a reputable physician of the City dated not more than ten
days prior to submission of application, certifying the applicant to be free of contagious,
infectious or communicable diseases, and;
11. A current list of prices for all products offered for sale from a mobile
vending vehicle must be prominently displayed on the vehicle in such a manner as to be
visible and readable with normal eyesight from at least five (5) feet away. No product shall
be sold at a price in excess of the listed price.
5.22.040 Vehicle Insurance. It shall be unlawful for any person to own, lease,
drive, operate or cause or permit to be driven or operated any motor vehicle used for
mobile vending in the City unless such person has a motor vehicle liability insurance
policy, covering each mobile vending vehicle, and showing the City as additionally insured,
which shall conform in all respects to the requirements of this Chapter. The required motor
vehicle liability policy shall insure the owner, driver, and any other person using or
responsible for the use of any such mobile vending vehicle with the consent, expressed
or implied, of such owner, driver or person, against loss from the liability imposed upon
such owner, driver or person by law for injury to, or death of, any person. Such policy shall
cover bodily injury and property damage in combined single limit amount and not less than
one million for each vehicle. Proof of such insurance coverage shall be furnished to the
City prior to issuance or renewal of a business license to or for such person, and to any
duly authorized police officer upon request for such proof.
5.22.050 License--Application--Investigation. At the time of filing such
application, the fees established by resolution shall be paid to the City to cover the cost
of investigation of each owner and/or operator of the facts stated therein.
Upon receipt thereof the original application shall be referred to the City's law
enforcement agency, which shall cause such investigation of applicant's business and
moral character to be made as deemed necessary for the protection of the public good.
5.22.060 License--Issuance. Each license so issued shall state upon the face
thereof the following, in addition to any other pertinent information:
A. Name of Licensee;
B. Kind of business licensed thereby;
C. Category and amount paid therefor;
D. Location of such business;
E. Date of expiration of license.
To each license there shall be attached photographs of licensee and of any vehicle
used in the business, such photographs to be identical with those filed by licensee with his
application pursuant to Section 5.22.030 of this Chapter.
5.22.070. License--Term. Licenses for peddlers, solicitors and mobile vendors
issued under this Chapter shall be valid from the date of issuance for a period of one year,
or shorter period as specified at the time of application, unless the same has been
terminated, suspended or revoked for any of the causes as set forth in this Chapter
5.22.080 Hours of operation. No person shall practice or engage in the business
of peddler, solicitor or mobile vendor during the period of time between half an hour after
sunset and half an hour before sunrise.
5.22.090 Disturbance prohibited. No peddler, solicitor or mobile vendor selling
or offering for sale, or pretending to sell or offer for sale, goods of any kind of character,
shall ring the bell, or knock on the door of, or attempt to gain admittance to any residence,
dwelling, flat or apartment whereon a sign bearing the words "no peddlers" is painted,
affixed or exposed to public view.
21
5.22.100 License--Restrictions.
A. No person shall sell, engage in sales, or offer to sell, display or offer for future
sale or display any goods, wares or merchandise in any public street or public parkway
within the City, except upon approval of a special permit from the City Manager.
B. No driver of a mobile vending vehicle shall operate or permit operation of any
radio system, loudspeaker, or other noise device intended to make sound audible outside
the vehicle above 60 decibels when the vehicle is being operated upon any street within
the City.
C. No mobile vendor shall conduct business on streets where the speed limit
exceeds 30 miles per hour.
D. No mobile vendor shall vend within two tenths of one mile from any private or
public school grounds during the hour before or the hour after the regular school day.
E. No mobile vendor shall vend unless the vehicle is lawfully parked or stopped.
F. Each mobile vending vehicle shall comply with all applicable operating and
mechanical safety laws.
G. Each mobile vending vehicle shall be equipped with a backup warning device
which shall be operative at all times during which the vehicle is used for mobile vending.
5.22.110 License--Grounds for denial--Revocation. The granting of a license
may be denied and an existing license may be revoked or suspended forthe following:
A. The applicant has made false statements or fails to disclose facts in material in
his application;
5.22.120. Penalty for violation. Any person who violates any provision of this
Chapter, upon conviction thereof shall be punished in accordance with the provisions of
this Code.
In addition to any other penalty prescribed for a violation of this Chapter, upon a
determination by the City that a person has violated any provision hereof, the City shall
revoke each and all business licenses which have been issued pursuant to Chapter
5.22.060 of this Code to the person who committed such violation and to the business by
whom such person was employed when the violation occurred.
In addition to any other penalty prescribed for a violation of this Chapter, such a
violation shall constitute grounds for denial of the issuance or renewal of such a business
license to the person who committed the violation and to the business by whom such
person was employed when the violation occurred.
If any section, subsection, sentence, clause, phrase, or portion of the Chapter is for
any reason held invalid or unconstitutional by the final decision of a court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions hereof.
SECTION 10. AMBULANCE SERVICES.
5.24.010 Definitions. As used in this Chapter, the following definitions apply,
unless other wise specified:
A. "Ambulance" means any privately owned motor vehicle that is specially designed
or constructed, and equipped, and is intended to be used for and is maintained or
operated for the emergency and nonemergency transportation of patients, including dual
purpose funeral coaches or hearses which otherwise comply with the provisions of this
Chapter.
B. "Ambulance operator" means any person engaged in the business of carrying
or transporting patients by means of an ambulance.
C. "Attendant" means a trained and/or qualified person responsible for the
operation of an ambulance and the care of the patients whether or not the attendant also
serves as driver.
D. "Attendant-driver" means a person who is qualified as an attendant and a driver.
E. "Health officer" means the Riverside County health officer acting as the City
health officer.
F. "Patient" means a person who is sick, injured, wounded, or otherwise
incapacitated or helpless.
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5.24.020 License--Required--Exemptions.
A. Ambulance Operation. It is unlawful for any person, either as owner, agent or
otherwise, to engage in the business of operating an ambulance in the City without first
securing a license so to do from the City according to each and every requirement of this
Chapter or without complying with each and every regulation contained in this Chapter and
any regulations or rules promulgated by resolution pursuant thereto, pertaining to the
business of carrying or transporting patients for hire upon the streets, alleys or any public
way or place of the City unless said person holds a currently valid ambulance license
issued pursuant to this Chapter.
An ambulance operated by a public entity shall not be required to be licensed under
this Chapter.
No ambulance, including a public ambulance exempt from licensing under this
Chapter, shall be operated for ambulance purposes, and no person shall drive, cause or
permit it to be operated for such purposes on the streets, alleys or any public way or place
of the City unless operated by a licensed attendant-driver, who shall be accompanied by
a licensed attendant or attendant-driver, or unless there is present in the ambulance a
California licensed physician and surgeon or a California registered nurse (R.N.);
provided, however, that in nonemergency cases the patient's physician may waive the
requirement that a licensed attendant be present while the patient is being transported.
B. Exemptions. No licenses as required by this section shall be required for an
ambulance operator or for the driver, attendant or attendant-driver of an ambulance who:
1. Is rendering assistance to licensed ambulance operators in the case of a
major catastrophe or emergency for which the licensed ambulance operator or operators
of the City are insufficient or which they are unable to handle; or
2. Is operating from a location or headquarters outside of the City in order to
transport patients who are picked up beyond the limits of the City to locations within the
City; but no such outside ambulance shall be used to pick up patients within the City for
transportation to locations within or without the City, unless the attendant-driver, attendant
and the person subject to the provisions of subsection A in respect to such ambulance,
holds currently valid licenses and permits issued pursuant to this Chapter; or
3. Is operating under such circumstances where failure to provide ambulance
service may jeopardize the health or safety of any person; or
4. Ascertains from the person ordering the ambulance service that no licensee
under this Chapter is able or willing to render the service requested, and notifies the City's
law enforcement agency that he is going to make such pickup.
5.24.030 License--Application--Contents. An application for an ambulance
operator license under the terms of this Chapter shall be made upon such forms as may
be prepared and prescribed by the City and shall be filed with the business license clerk,
together with the required application fee. Said application shall be signed and verified
by the applicant and shall include the following information and contain or have attached
thereto the following material:
A. The name, business and residence address of the applicant and of the
registered and legal owners of the ambulance or ambulances to be operated by the
applicant;
B. The trade or other fictitious name, if any, under which the applicant does
business and proposes to do business. If the applicant is a copartnership, the names and
addresses of the copartners shall be listed. If the applicant is a corporation, the
application shall list the names and addresses of all corporate officers, directors, managing
employees and any stockholder or stockholders who own five percent or more of the stock
of the applicant corporation;
C. The training and experience of the applicant in the transportation and care of
patients;
D. A description of each ambulance to be operated by the applicant, including the
make, model, year of manufacture, motor and chassis number; current state license
number, patient capacity, the length of time the ambulance has been in use, the color
scheme, insignia, name, monogram or other distinguishing characteristics to be used to
designate the applicant's ambulance or ambulances, the special equipment installed or
proposed to be installed in each such ambulance and whether such ambulances are or will
23
be operated as authorized emergency vehicles;
E. The fact that each ambulance of applicant complies with the State Vehicle Code,
Sections 2416, 2418, 21714 and Title 13 of the State Administrative Code, as well as all
other state laws, orders and regulations applicable to the licensing of emergency vehicles;
F. The location and description of the place or places from which applicant intends
to operate, park, and store his ambulances;
G. The scheduled rates proposed to be charged by applicant for ambulance
service;
H. The fact that all proposed operators and drivers of applicant's ambulance or
ambulances hold ambulance driver's certificates issued by the State Department of Motor
Vehicles;
I. An accompanying license application fee as set by resolution for each
ambulance of the applicant. This fee shall not be returned in the event that the license
applied for is denied, revoked or suspended as provided in this Chapter;
J. The fingerprints and thumbprints of the applicant;
K. The hourly availability of ambulance or ambulances proposed to be operated by
the applicant;
L. The names, addresses and experience in first aid and driving of each attendant,
or attendant-driver, employed or to be employed by the applicant;
M. A statement that the applicant carries general liability insurance in a minimum
amount of one million dollars, and agrees that said policy shall carry an endorsement
protecting the City against any claims or demands as the result of persons injured or killed
or property damaged as the result of the operation of the ambulance or ambulances to be
operated by the applicant;
N. An acknowledged receipt of an agreement to comply with all the rules and
regulations governing ambulances, as provided in this Chapter and any rules and
regulations promulgated pursuant thereto;
O. A financial statement of the applicant, including the amounts of unpaid
judgements against the applicant and the nature of the transaction or acts giving rise to
said judgements;
P. Any facts which the applicant believes tend to prove that the public convenience,
necessity, health, safety and welfare require the granting of an ambulance operator's
license to him;
Q. Such other information as the City shall deem reasonably necessary for a
comprehensive and responsible investigation of said applicant, including but not limited
to photographs;
R. A copy of the most recently issued emergency vehicle permit issued by the
California Highway Patrol for each ambulance proposed to be operated by applicant.
5.24.040 Standards.
A. Each ambulance to be operated in the City shall at all times when in use as
such:
1. Be suitable for the transportation of patients from the standpoint of health,
sanitation and safety, and be maintained, stored and parked in suitable
premises;
2. Contain first aid and medical equipment consistent with the standards
established in this Chapter, which equipment shall be proper for such commission and use
and as a minimum shall include all emergency equipment, required by the regulations of
the California Highway Patrol, adopted and enforced as to emergency equipment to be
carried in ambulances used for emergency services;
3. Be in compliance with all current applicable laws and local ordinances
relating to health, sanitation and safety and be licensed by the state;
4. Be equipped with such lights, sirens and special markings to designate it
as an ambulance, as are required by the regulations of the California Highway Patrol
covering the operation and equipment of ambulances used for emergency service; and
5. Be in compliance with the minimum safety requirement of the regulations
adopted and enforced by the California Highway Patrol covering the operation and
equipment service.
B. Each licensed ambulance, its equipment, and the premises from which it
24
operates, and all records relating to its maintenance and operation as such, shall be open
to inspection by the chief of police or his designated representatives during the licensee's
usual hours of operation.
5.24.050 Liability insurance.
A. No ambulance license shall be issued under this Chapter, nor shall such license
be valid after issuance, nor shall any person drive or operate an ambulance or cause to
be driven or operated an ambulance unless there is at all times on file with the City and
in force and effect insurance coverage and a policy therefor, issued by an insurance
company licensed to do business in the state, for each and every ambulance owned and/or
operated by or for the applicant or licensee, providing general liability insurance in the
amount not less than one million dollars
B. Said insurance policies shall be submitted to the City for approval prior to the
issuance of each ambulance license. Satisfactory evidence that such insurance is at all
times in force and effect shall be furnished to the business license clerk, in such form as
he may specify, by all licensees required to provide such insurance under the provisions
of this Chapter.
C. Every insurance policy required under this Chapter shall contain a provision for
a continuing liability thereunder to the full amount thereof, notwithstanding any recovery
thereon, that the liability of the insurer shall not be affected by the insolvency or
bankruptcy of the assured, and that until the policy is revoked the insurance company will
not be relieved from liability on account of nonpayment of premium, failure to renew
license at the end of the year, or any act or omission of the named assured. Such policy
of insurance shall further provide for the payment of any judgments up to the limits of said
policy, recovered against any person other than the owner, his agent or employees, who
may operate the same with the consent or acquiescence of the owner.
D. Every insurance policy required under this Chapter shall extend for the period
to be covered by the license applied for and the insurer shall be obligated to give not less
than ten days' written notice to the City and to the assured before any cancellation or
termination thereof earlier than its expiration date. The cancellation or other termination
of any such policy shall automatically revoke and terminate the licenses issued for the
ambulances covered by such policy, unless another insurance policy complying with the
provisions of this section is provided and in effect at the time of such cancellation or
term i nation.
E. Satisfactory evidence that the liability insurance required by this section is at all
times in full force and effect shall be furnished to the City by each licensee required to
provide such insurance.
5.24.060 License--Application--Investigation. Upon the receipt of a completed
application, the chief law enforcement officer shall conduct such an investigation as he
deems necessary to be made of the applicant and of his proposed operations to determine
if the public health, safety, welfare, convenience and necessity require the granting of a
license under this Chapter for ambulance service for which the application has been made,
and shall further investigate to determine if the applicant meets all the requirements of this
Chapter. Said investigation shall be completed no later than thirty days after the chiefs
receipt of said completed application. Upon completion of his investigation, the chief shall
recommend to the Council that a license be granted or denied for the requested
ambulance service. The chiefs report and recommendation to the Council shall include
but not be limited to the finding on the following:
A. Number, kind and type of equipment and the color scheme to be used;
B. The appropriateness of the vehicles proposed to be used for carrying or
transporting patients;
C. The ability, experience, training and responsibility of the applicant and his
prospective attendants and attendant-drivers.
5.24.070 Declaration of public convenience and necessity. On receipt of the
chief law enforcement officer's report and recommendation, the City Clerk shall fix a time
for public hearing by the Council thereon for the purpose of determining whether the public
convenience and necessity and the public health, safety and welfare require the proposed
25
service, and whether the applicant is fit, willing and able to operate an ambulance service
in the City, and to conform to the provisions of this Chapter and any rules and regulations
promulgated pursuant thereto. No license shall be granted until the Council, after the chief
law enforcement officer's investigation and said public hearing, declares by resolution that
the public convenience and necessity require the proposed service and that the same will
promote the public convenience and the public health, safety and welfare of the City.
5.24.080 License--Council hearing.
A. The City Clerk shall give notice of the time and place of said hearing by certified
mail to all persons to whom licenses for operation of ambulances have been heretofore
issued and to the applicant. Said notice shall also be given to the general public by the
City Clerk, causing a notice of the time, place and subject matter of such hearing to be
published in a newspaper of general circulation in the City. Said publication shall be
completed no later than ten days prior to the date and time set for said hearing.
B. Any interested person may file with the City Clerk a memorandum in support of
or in opposition to the issuance of a license no later than the time and date set for said
hearing.
5.24.090 License--Conditions prerequisite to issuance. After completion of the
public hearing, the Council shall, by resolution, approve the issuance of a license under
this Chapter to the applicant if the Council makes a prior finding as follows:
A. That the City Council has determined that the public convenience, necessity,
health, safety and welfare of the City require the proposed ambulance service;
B. That only duly licensed attendant-drivers or attendants are employed in such
respective capacities;
C. That the applicant or any copartner or managing employee or attendant thereof
is not registered as a sex offender under the provisions of Section 290 of the State Penal
Code;
D. That the applicant or any copartner or managing employee or attendant thereof
does not habitually or excessively use or is not addicted to the use of narcotics, marijuana
or dangerous drugs, or has not been convicted of any offense relating to the use, sale,
possession or transportation of narcotics, marijuana or habit-forming and dangerous drugs;
E. That the applicant or any copartner or managing employee or attendant thereof
is not a habitual user of intoxicating beverages to excess;
F. That the applicant, or any copartner or managing employee or attendant thereof,
within the three-year period immediately preceding filing the application, has not been
under suspension, revocation or probation by the State Department of Motor Vehicles for
a cause involving the safe operation of a motor vehicle, or has not been convicted of any
of the following offenses: Failure to stop and render aid in an accident involving injury or
death, driving while intoxicated, or reckless driving involving bodily injury;
G. That the applicant or any copartner or managing employee or attendant thereof
has not h\been convicted of any offense punishable as a felony in the state, or has not
been convicted of the crime of theft of either degree within the ten-year period immediately
preceding the application;
H. That the applicant or any copartner or managing employee or attendant thereof
has not been convicted of any offense involving moral turpitude;
I. That the applicant or any copartner or managing employee thereof does not
have a financial interest in more than one ambulance company operating within the City;
J. That the applicant is fit, willing and able to perform such public transportation
of patients and to conform to the provisions of this Chapter and any rules and regulations
promulgated hereunder;
K. That the vehicles described in the application or proposed equipment therein
comply with all pertinent state laws;
L. That the color scheme, insignia, name, monogram or other distinguishing
characteristics proposed to be used upon such ambulance or ambulances is not in conflict
with and does not imitate any color scheme, insignia, name, monogram or other
distinguishing characteristics used by any other person, in such manner as to mislead or
tend to mislead, deceive or to defraud the public;
In making such findings, the Council shall take into consideration, the number of
26
ambulances already in operation in the City, whether existing ambulance service is
adequate to meet the public need, the probable effect of increased ambulance service on
local traffic conditions, and the character, experience and responsibility of the applicant.
The Council, in its discretion, shall determine in said resolution the total number of
ambulances which shall be operated under such license.
5.24.100 License--Issuance. Upon the issuance of a permit the permittee shall
have the right to provide ambulance service for which he has been granted a permit.
5.24.110 License-- Term. Ambulance operator licenses issued under this Chapter
shall be valid from the date of issuance for a period of one year, and continue to be valid
unless the same have been terminated, suspended or revoked for any of the causes set
forth in this Chapter.
5.24.120 License--Application--Fee. The fee which shall be submitted with the
application for an ambulance operator's license shall be set by resolution. Said application
fee shall cover administrative and other costs incident to such application and the
investigation thereof. The required application fee shall not be returned in the event that
the license applied for is refused, revoked or suspended as provided in this Chapter.
5.24.130 License--Posting. Each ambulance operator to whom a license has
been issued shall cause an authenticated copy of the license to be posted on the
dashboard of each ambulance in a position clearly visible, or in some other area of the
vehicle, approved by the chief law enforcement officer.
5.24.140 License-- Transfer. No license for the operation of an ambulance may
be sold, assigned, mortgaged, or otherwise transferred without the consent of the Council.
Application for transfer of any license for an ambulance shall be subject to the same terms,
conditions and requirements as is the application for an original ambulance operator's
- license.
5.24.150 License--Suspension, revocation.
A. The Council may at any time revoke, suspend or change a license granted to
an ambulance operator only after giving proper notice to the licensee of its intent to
revoke, suspend or change, allowing licensee an opportunity for a public hearing before
the Council and it finding that any or all of the acts set forth in subsection B have been
committed by the licensee. All licenses which have been suspended or revoked by the
Council shall be surrendered to the City immediately after suspension or revocation and
the operation of all ambulances covered by such licenses shall cease and the continued
operation thereof thereafter constitutes a violation of this Chapter.
B. If the Council has probable cause to believe that any person to whom an
ambulance operator's license has been issued under this Chapter has done any or all of
the acts set forth in this subsection, shall immediately set the matter for public hearing and
direct the City Clerk to immediately give the licensee written notice by certified mail of a
public hearing to be held by the Council at its next regular meeting. This notice shall state
the date, time and place of hearing and contain a statement of the facts upon which the
Council has acted in calling the hearing. At the hearing, the licensee and any other
interested person shall have the right to present evidence as to the facts upon which the
Council proposes to revoke or suspend the license and any other facts which may aid the
Council in determining whether any of the acts have been committed by the licensee. The
Council shall, no later than fifteen days after the conclusion of the hearing, by resolution,
make findings of fact and either revoke, suspend or not revoke or suspend the license.
The Council, in said resolution, shall state the facts upon which its decision is based.
Copies of said resolution shall be served by mail upon the licensee and all parties to the
hearing requesting the same. The Council's decision by said resolution shall be final and
conclusive.
5.24.160 Inspections. Prior to the issuance of any ambulance operator's license
under this Chapter, the chief law enforcement officer shall cause the applicant to submit
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a current inspection certificate from the department of the California Highway Patrol
certifying that all of the ambulance vehicles of the applicant are in compliance with the
regulations covering the operation and equipment of ambulances used for emergency
service, as adopted and enforced by said department of the California Highway Patrol.
5.24.170 Equipment. No permittee shall allow an ambulance to be operated
unless it is equipped with all safety and emergency equipment required for ambulances
by the California Vehicle Code and the California Administrative Code as the same are
now written or hereafter amended.
5.24.180 Driver's certificate. No permittee shall allow an ambulance licensed
under this Chapter to be operated on emergency calls or in service unless the driver
thereof holds a valid ambulance driver's certificate issued by the California Department of
Motor Vehicles, and the driver is accompanied by an ambulance attendant, or a California
licensed physician or California registered nurse.
SECTION 11. PATROL/SECURITY SERVICES.
5.25.010 Definitions. As used in this Chapter, certain words and phrases
appearing in this Chapter are defined as follows:
A. "Security Services" means persons who, for consideration, are guarding,
protecting or patrolling property or protecting, defending or guarding persons, or any other
persons defined in Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code.
B. "Security Guard" means private investigators, private patrol operators, uniformed
employees or private patrols, night watchmen, protection dog operators and any other
person defined in Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code.
C. "Chief Law Enforcement Officer" means Chief of Police or contract ranking
officer of the County Sheriff's station.
5.25.020 Permit--Required. No person or company shall operate a security
service in the incorporated area of the City unless he holds a current, unrevoked permit
issued to expire at the end of one year from time of issue. Said permit may be prorated
on a quarterly basis for the first year.
5.25.030 Permit--Application. Applications for a permit to operate a security
service shall be made to the City upon the form provided which shall include the following:
A. Name, residence address of the applicant, address of business and the fictitious
name, if any, under which the applicant proposes to do business. Any change of business
or residence address shall be reported within ten working days to the responsible City staff
member handling applications;
B. The experience of the applicant in the operation of security services;
C. A map of the district, territory or area proposed to be served by the security
service;
D. A complete description of each vehicle to be operated by the applicant or his
employee;
E. Names and addresses of all security guards who are owners, members or who
will be employees of the patrol system.
5.25.040 Listing on permit required. No operator of a security service shall
employ or utilize the services in any way of a security service whose name is not on the
permit of such operator, or who does not possess a valid and subsisting permit.
5.25.050 Removal from permit--When. The permittee of a patrol system shall,
within five days after any security guard is no longer an owner, member or employee of
such permittee, notify the City and thereupon return any permit which may have been
issued to such patrolman by the City. The City shall cause such patrolman's name to be
removed from the permit of such patrol system.
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5.25.060 Permit--Investigation. Upon the receipt of a completed application, the
Chief Law Enforcement Officer of the City shall conduct an investigation to determine that
the public health, safety, welfare, convenience and necessity require the granting of the
permit and shall further determine if the applicant meets all the requirements of this
Chapter and the laws of the State. Upon completion of the investigation by the Chief Law
Enforcement Officer for the City, he/she shall recommend to the City that the permit be
granted or denied.
5.25.070 Permit hearing. If the City determines that a permit shall not be issued,
the applicant has the right to demand a public hearing. A request for hearing shall be
made in writing to the City within fifteen calendar days following notification of the decision
of the City to deny the permit. Upon receipt of a written request, the City shall set the
matter for hearing not more than thirty days following receipt of the written request. At the
hearing the applicant shall have the burden of proof to show facts of why a permit should
be issued and why it meets the requirements of this Chapter and the laws of the State.
5.25.080 Permit renewal. Permits to operate a security service may be renewed
annually by the Chief Law Enforcement Officer of the City upon application by a permittee
if the Chief Law Enforcement officer determines that the permittee remains in compliance
with the provisions of this Chapter.
5.25.090 Permit transfer. No permit shall be transferred to another person except
upon prior approval of the City and upon the recommendation of the Chief Law
Enforcement Officer of the City.
5.25.100 Permit--Prerequisite of issuance. Prior to issuance of the permit the
applicant shall:
A. Pay the first year fee, or prorate a portion thereof;
B. File copies of certification or licenses required by the California Business and
- Professions Code in Chapter 11 (commencing with Section 7500) of Division 3, for each
security guard employed. The applicant will supply, within five working days, copies of
certificates and licenses of each new employed security guard during time of permit;
C. The applicant shall furnish a letter agreeing that the City is not obligated to pay
for any costs or damages incurred by their service;
D. The applicant shall furnish liability insurance with a minimum policy of one
million dollars per incident, showing the City as additionally insured.
5.25.110 Equipment requirements.
A. Uniforms shall not resemble the law enforcement agency of the City;
B. Badges shall not resemble or represent in design the law enforcement agency
of the City;
C. Vehicles shall not have emblems on doors that resemble the law enforcement
agency of the City. Vehicles may have "Security" in three-inch letters on the trunk lid;
D. Lighting on vehicle shall conform to the California Vehicle Code;
E. The Chief Law Enforcement Officer of the City shall have final approval of
uniforms, badges and vehicles to insure compliance with this section.
5.25.120 Permit issuance. Upon issuance of a permit, the permittee shall have
the right to provide security services for which he has been granted a permit.
5.25.130 Permit to be carried on person. While engaged in his duties, a security
guard shall keep his permit upon his person at all times.
5.25.140 Permit--Grounds for denial and revocation. The granting of a permit,
or a renewal may be denied and an existing permit may be revoked or suspended for any
of the following grounds.
A. The permittee or applicant has made false statements or fails to disclose facts
in material matter either in his application or in any reports or other documents furnished
to the City;
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----"
B. The permittee does not maintain and operate his vehicles and other equipment
in the manner and in the condition required by this Chapter;
C. The permittee knowingly employs persons who does not meet the standards or
requirements or have the certificate, licenses required by this Chapter;
D. The permittee or applicant is not the real party in interest in the business;
E. Any other grounds or conduct as defined in Chapter 11 (commencing with
Section 7500) of the Business and Professions Code of California, which are violations;
F. If the permittee or applicant:
1. Is required to register as a sex offender under Section 290 of the California
Penal Code;
2. Habitually uses, or is addicted to the use of, or uses narcotic or dangerous
drugs or has been convicted of any offense relating to the use, sale, possession or
transportation of narcotics or habit-forming drugs within the past ten years;
3. Is a habitual user of intoxicating beverages to excess. Habitual to be at
least three arrests and convictions of drunk in public or driving while under the influence
in a two-year period;
4. Has been convicted of any offense involving moral turpitude;
5. Convicted of any offense relating to security services.
5.25.150 Permit--Revocation or suspension.
A. Every permit granted under this Chapter is granted and accepted by all parties
with the express understanding that the permit may be revoked or suspended for any
cause specified in this Chapter by the Chief Law Enforcement Officer of the City after ten
working days' notice to the permittee to be heard on the matter;
B. If, after such hearing, the Chief Law Enforcement Officer finds that grounds for
revocation or suspension still exist he/she may then revoke or suspend the permit. If a
permit is suspended, the permittee shall cease operation until the Chief Law Enforcement
Officer removes the suspension;
C. Failure to cease operations shall be a misdemeanor.
5.25.160 Permit--Hearing upon nonrenewal or revocation. If renewal of a permit
is denied or if revoked by the Chief Law Enforcement Officer, the permittee shall have the
right to demand a hearing thereon. A request for a hearing shall be made in writing to the
City within fifteen calendar days following notification of the denial or revocation of the
permit. Upon receipt of a written request the City shall set the matter for hearing on a date
not more than sixty days following receipt of the written request and give notice to the
appellant and the Chief Law Enforcement Officer of the date of hearing. At the hearing the
parties may present evidence relevant to the decision for denial or revocation. The
hearing may be public or closed depending on request of permittee. Within fifteen working
days following the conclusion of the hearing, a written decision will be given.
There shall be no change to Chapter 5.28 concerning Cardrooms.
SECTION 12. BINGO.
5.29.010 Permitted for certain organizations. Pursuant to the conditions and
restrictions of California Penal Code Section 326.5, bingo shall be permitted to be played
in the City only for the benefit or organizations included by the provisions of Penal Code
Section 326.5(a).
5.29.020 Bingo defined. As used in this Chapter "bingo" means 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. It shall include cards having
numbers or symbols which are concealed and preprinted in a manner providing for
distribution of prizes. The winning cards shall not be known prior to the game by any
person participating in the playing or operation of the bingo game. All such preprinted
cards shall bear the legend: "For sale or use only in a bingo game authorized under
California law and pursuant to local ordinance."
5.29.030 License--Required. No bingo shall be played without a valid and
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unexpired license. Only those nonprofit organizations set forth in Penal Code Section
326.5 are eligible to apply for a bingo license. Eligible organizations shall file a written
application for a bingo license with the City on a form provided thereby. The license
issued shall be for a term of one year from the date of issuance, subject to renewal and
annual fee.
5.29.040 License--Application--Contents.
A. Said application for license shall contain the following:
_ 1. The name of the applicant organization and a statement that the applicant
organization is eligible to apply for a license under the terms of state law and this Chapter;
2. The name and signature of at least two officers, including the presiding
officer of the organization;
3. The address of the particular property within the City which is owned or
leased by the applicant, used by the applicant for an office or for performance of the
purposes for which the applicant is organized, and on which bingo will be conducted,
together with the occupancy capacity of such location;
4. Proposed hours and days of operation;
5. A statement that the applicant agrees to conduct bingo in strict accordance
with the provisions of California Penal Code Section 326.5 and this Chapter, as either may
be amended from time to time, and that the applicant agrees that the license may be
revoked by the City upon violation of any such provisions;
6. Proof that the applicant organization has owned or leased property within
the City that was used by the applicant for an office or for performance of the purposes for
which the organization is organized, for a period of at least twelve months immediately
preceding the filing of such application, and the property upon which any bingo game is
to be conducted is property so owned or leased by the applicant;
7. Written verification from the Community Development Department of the
City that there is improved vehicular access to the premises wherein a bingo game is to
be conducted and that such premises contain off-street vehicle parking facilities on the
basis of not less than one parking space for each two seats, one seat being defined as an
area of seven and one-half square feet;
8. Written verification from the Community Development Department of the
City that the operation of such game or games is in compliance with Title 17.
B. The application shall be signed by the applicant under penalty of perjury.
C. The application process fee and annual license fee as set by resolution shall
accompany the application. If an application for a license is denied, one-half of the license
fee shall be refunded.
D. A certificate of determination of exemption under Section 23701 of the California
Revenue and Taxation Code, or a letter of good standing from the Exemption Division of
the Franchise Tax Board in Sacramento showing such exemption shall accompany the
application;
E. A certified list of officers from the Secretary of State, which shows the status of
the organization.
5.29.050 Applicant must be qualified. No license shall be issued to any
organization unless such applicant is an eligible organization under Section 5.29.010, and
its application conforms to the requirements, terms and conditions of this Chapter.
5.29.060 Investigation of applicant. Upon receipt of the completed application,
fees, and exemption information, the City Manager shall refer the same to interested
departments of the City, including, but not limited, City Attorney, Sheriff Department, and
the Fire Department, for investigation as to whether or not all of the statements in the
application are true, and whether or not the property of the applicant qualifies and the
extent to which it qualifies as property on which bingo games may lawfully be conducted
as to fire, occupancy, and other applicable restrictions.
5.29.070 Contents of applications. Upon a satisfactory conclusion of this
investigation, the City Manager shall issue a license to the applicant. The license shall
contain the name and nature of the organization to whom the license is issued, the
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address where bingo is authorized to be conducted, the occupancy capacity of the room
or rooms in which bingo is to be conducted, the expiration date of the license, and such
other information as may be necessary or desirable for the full enforcement of the
provisions of this Chapter.
5.29.080 License--Suspension--Revocation.
A. If a licensee is conducting bingo or allowing bingo to be conducted in violation
of any provision of this Chapter, the City Manager shall have the authority to suspend the
license summarily and order the licensee to cease and desist from any further operation
of bingo within the City.
B. An order and suspension issued under this Chapter shall also notify the licensee
that it shall have five days from the date of the order to request a hearing to determine
whether such license shall be revoked. If no such hearing is requested within this five-day
period, the license shall be revoked.
C. Within ten days after receipt of a timely hearing request by the licensee, the City
Manager shall provide and conduct such a hearing. At this hearing the suspended
licensee may appear for the purpose of presenting evidence and information tending to
show why the license should not be revoked.
D. No license shall be revoked under subsection C unless notice of the time and
place of the hearing has first been given at least five days before the hearing by depositing
in the United States mail a notice directed to the suspended licensee at the address given
in licensee's application. Notice shall set forth a summary of the grounds advanced as the
basis for the suspension and revocation.
E. An organization whose license is revoked under this section shall conduct no
bingo in the City unless the City Council, on appeal, sets aside the license revocation.
5.29.090 License--Alternative to revocation.
A. If the licensee is conducting bingo in violation of any provisions of this Chapter,
or that the license was obtained by fraudulent representations, and if no summary
suspension is ordered under Section 5.29.080, the license may be revoked; provided,
however, that the licensee may appear before the City at the time set by the City for the
purpose of presenting evidence and information why the license should not be revoked.
B. No license shall be revoked under this section unless written notice has first
been given at least five days before the hearing by depositing in the United States mail a
notice directed to the suspended licensee at the address given in licensee's application.
Notice shall set forth a summary of the grounds advanced as the basis for the suspension
and revocation.
C. An organization whose license is revoked under this section shall conduct no
bingo in the City unless the City Council, on appeal, sets aside the license revocation.
5.29.100 License--Revocation--Appeal.
A. A licensee whose license is revoked shall have the right within fifteen days after
notice of revocation is mailed pursuant to this Chapter to file a written appeal with the City
Council. This appeal shall set forth the specific grounds on which it is based. The City
Council shall hold a hearing on this appeal within thirty days after its receipt by the City,
or at such time as is thereafter agreed upon, and shall cause the appellant to be given at
least ten days' written notice of such City Council hearing. At this hearing, the appellant
or its authorized representative shall have the right to present evidence, information and
argument in support of the appeal. The determination of the City Council on the appeal
shall be final.
B. An organization whose license is revoked by the City Council may not apply
again for a license to conduct bingo in the City for a period of two years from the date of
such revocation; provided, however, that if the ground for revocation is cancellation of the
exemption for the organization under Section 23701 of the California Revenue and
Taxation Code, such organization may apply again for a license upon satisfactory proof
of reinstatement of this exemption.
5.29.110 Maximum amount of prize. 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
32
both, for each separate game which is held.
5.29.120 Profits to be kept in separate fund or account. 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. The licensee shall keep full and accurate record of the income
expenses received and disbursed in connection with its operation, conduct, promotion,
supervision and any other phase of bingo games which are authorized by this Chapter.
The City, by and through its authorized officers, shall have the right to examine and audit
_ such record at any reasonable time and the licensee shall fully cooperate with the City by
making such record available.
5.29.130 Financial interest in licensee. No individual, corporation, partnership
or other legal entity except the licensee shall hold a financial interest in the conduct of
such bingo game.
5.29.140 Exclusive operation by licensee. A bingo game shall be operated and
staffed only by member of the licensee organization. Such members shall not receive a
profit, wage, or salary from any bingo game. Only the licensee shall operate such game,
or participate in the promotion, supervision or any other phase of such game.
5.29.150 Bingo games open to public. All bingo games shall be open to the
public, not just to the members of the licensee organization.
5.29.160 Attendance limited to occupancy capacity. Notwithstanding the
requirement of Penal Code Section 326.5 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
Department of the City in accordance with applicable laws and regulations. Licensee shall
not reserve seats or space for any person.
5.29.170 Bingo games conducted only on licensee's property. A licensee 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. The license issued under this Chapter shall authorize the
holder thereof to conduct bingo games only on such property, the address of which is
stated in the application. In the event the described property ceases to be used as an
office and as a place for performance of the purposes for which the licensee is organized,
the license shall have no further force or effect. A new license may be obtained by an
eligible organization, upon application under this Chapter, when it again owns or leases
property used by it for an office or for performance of the purposes for which the
organization is organized.
5.29.180 Minors not to participate. No person under the age of eighteen years
shall be allowed to participate in any bingo game.
5.29.190 Intoxicated persons not to participate. No person who is obviously
intoxicated shall be allowed to participate in a bingo game.
5.29.200 Hours of operation. No licensee shall conduct any bingo game more
than six hours out of any twenty-four hour period. No bingo game shall be conducted
before ten a.m. nor after two a.m. of any day.
5.29.210 Participant must be present. 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.
5.29.220 Receipt of profit by a person a misdemeanor under State law. It is
a misdemeanor under Section 326.5(b) of the Penal Code of the State for any person to
33
receive a profit, wage, or salary from any bingo game authorized under this Chapter, a
violation of which is punishable by a fine not to exceed ten thousand dollars, which fine
shall be deposited in the general fund of the City.
5.29.230 Peace officer access. Any peace officer of the City shall have free
access to any bingo game licensed under this Chapter. The licensee shall have the bingo
license and lists of approved staff available for inspection at all times during any bingo
game.
-
5.29.240 City may enjoin violation. The City may bring an action in a court of
competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this
Chapter.
SECTION 13. CARNIVALS, CIRCUSES, RODEOS AND EXHIBITIONS.
5.32.010 Permit--Required. No person shall conduct, operate, maintain or cause
to be conducted, operate, or maintain any carnival, circus, tent show, rodeo, or exhibition
within the City without first having obtained from the City Council a permit therefor as
provided in the following sections of this Chapter.
5.32.020 Permit--Application. Any person desiring to obtain such permit shall
make application in writing to the City not less than twenty days prior to the date of
opening or starting of such carnival, circus, tent show, rodeo, or exhibition. The
application shall be signed by the owner, or by his authorized agent or representative, and
shall contain the following:
A. The name and address of the owner or owners, and of the person designated
as manager or in charge of such performance;
B. The times and dates of all performances to be presented;
C. The nature of the performance, and the number and type of concessions to be
operated in connection therewith;
D. The location where such carnival, circus, tent show, rodeo, or exhibition is to be
held;
E. An agreement from the owner that the owner will be financially responsible for
the safe, careful and lawful operation of such show.
5.32.030 Liability insurance--Law enforcement statements. At the time of filing
application for such permit, the applicant shall exhibit satisfactory proof that the show and
concessions to be conducted under such permit are insured by a recognized liability
insurance company in the sum of one million dollars CSL. There shall also be attached
to the application for such permit written statements from the law enforcement agencies
in the last three places where the said show has been exhibited prior to the filing of the
application stating the experiences of those communities with the said show.
5.32.040 Investigation. The applicant for such permit shall post with the City a
filing and investigation fee of not less that fifty-two dollars, whereupon the Sheriffs
Department shall conduct an investigation of the applicant, the proposed show, and the
proposed location where the show is to be held, and shall report his findings to the City
Council. In the conduct of this investigation the police may take the fingerprint of any
person employed in the business under investigation.
5.32.050 Permit--Issuance--Compliance. Such permit shall be issued by the City
and remain in effect only upon compliance satisfactory to the City Council with the
following conditions:
A. Selection of a site for tents and/or other structures readily accessible to
firefighting equipment;
B. Evidence that all tents have been adequately treated for fire resistance;
C. Observance of all applicable laws and ordinances with respect to equipment
used, construction and other electrical wiring, food served, and in all other respects;
D. Removal of all weeds and combustible matter from the performance area prior
to the opening of such show;
34
E. Approval by the Building Inspector of the seating provided for the use of the
patrons of such show;
F. Employment at the applicant's expense of such special police as may be
directed by the City;
G. Posting with the City of a cash bond sufficient to defray the expense of special
police and to guarantee the cleaning of the show area after the performance. Any money
not expended for these purposes shall be promptly refunded to the applicant.
_ 5.32.060 Permit--Revocation. The City shall summarily revoke any permit issued
hereunder, and shall close any such carnival, circus, tent show, rodeo, or exhibition
authorized by such permit for the breach of any of the conditions set forth in this Chapter,
or for the violation of any laws of the State.
SECTION 14. AMUSEMENTS AND ENTERTAINMENT.
5.34.010 Definitions. For the purpose of this Chapter, certain works and phrases
shall be construed as set forth in this section:
A. "Entertainment" means any presentation or activity of any nature which is
designed or intended to divert, amuse, or attract the attention of persons observing such
presentation or activity, including, but not limited to, any type of presentation in which live
models appear before an audience of any number of persons.
B. "Restaurant" means any place where food or other refreshments are served and
which is open to the public, including, but not limited to, coffee shops, bars, cafes,
nightclubs, beer parlors, discotheque clubs and coffee houses.
5.34.020 Permit--Required. No person shall provide or permit any type of
entertainment in a restaurant, unless such person has first obtained a permit to do so from
the City as provided in this Chapter.
5.34.030 Permit--Application--Filing.
A. Applicants for entertainment permits shall file a written, signed, and
acknowledged application with the City showing:
1. The name and permanent address of applicant;
2. A detailed description of the entertainment, including type of entertainment,
number of persons engaged in the entertainment, purpose of the entertainment, and any
further information about the entertainment as the City may deem necessary;
3. The date, hours and location where said entertainment is proposed, and
the admission fee, if any, to be charged;
4. The name or names of the person or persons having the management or
supervision of applicant's business;
5. The length of residence of the applicant within the City;
6. A statement of the nature and character of applicant's business, if any, to
be carried on in conjunction with such entertainment;
7. Whether or not the person or persons having the management or
supervision of applicant's business have been convicted of a crime, the nature of such
offense, and the sentence received therefor;
8. Such other reasonable information as to the identity or character of the
person or persons having the management or supervision of applicant's business as the
Council may deem necessary.
B. Applicants for entertainment permits pay include, but are not limited to:
1. Owner of the establishment providing or sponsoring the entertainment;
2. The entertainers themselves.
5.34.040 Permit--Application--Fee. A fee as set by resolution of the City Council
shall be paid upon filing of each application for a permit for the purpose of defraying the
expense incidental to the processing of said application.
5.34.050 Permit--Granting. After the filing of said applications, the City shall refer
the matter to the chief law enforcement officer for investigation and report thereon. If
satisfied as to the good character of the applicants and that said entertainment, as
proposed, will not be detrimental to the public welfare, the City shall grant a permit. If the
35
chief law enforcement officer has recommended that one or more police officers should be
in attendance at all functions for which said permit is granted, then the permit shall be valid
only upon provision by applicant at his sole cost of said officers at said function or
functions.
The permit shall be granted to each applicant for the specific occasion requested,
or if the request is for a continuous permit, said permit shall be issued for not longer than
one year.
5.34.060 Permit--Exemptions. The provisions of section 5.34.020 shall not
require a permit for the following:
A. For the use of a radio or music recording machine in any establishment;
B. For any entertainment provided for members and their guest at a private club
where admission is not open to the public;
C. For entertainment conducted in connection with a regularly established
recreation park, circus or fairground;
D. For entertainment conducted by or sponsored by any bona fide club, society or
association, organized or incorporated for benevolent, charitable, dramatic or literary
purposes having any established membership and which holds meetings other than such
entertainment at regular intervals, when proceeds, if any, arising from such entertainment
are used for the purposes of such club, society or association;
E. For entertainment conducted in connection with any dance, where a valid dance
permit is in full force and effect under section 5.16.120.
5.34.070 Interior illumination. All restaurants, or structures wherein a restaurant
is maintained and entertainment is provided shall maintain an interior illumination of not
less than one footcandle at floor level for exit areas as prescribed by the Uniform Building
Code. Further, the minimum of one footcandle at floor level shall apply to all interior areas
wherein the restaurant is conducted and entertainment is performed.
5.34.080 Disorderly conduct. No person in charge or assisting in the conduct of
any restaurant where entertainment is permitted shall permit any intoxicated, boisterous
or disorderly person to enter, be or remain in, or to assist in any restaurant; and no person
in an intoxicated condition shall enter or remain in any restaurant where entertainment is
permitted or conduct himself in a boisterous or disorderly manner in a restaurant where
entertainment is permitted.
5.34.090 Entertainment restrictions. No person shall display or exhibit moving
pictures, stereopticon, or any otherwise projected picture or pictures of lewd, obscene, or
immoral character, or suggestive or indicative of, or depicting or portraying vice or crime,
or vicious, criminal or immoral scenes, events, action or practices in any restaurant where
entertainment is permitted.
5.34.100 Permit--Revocation. If a permit holder is cited by and has sanctions
imposed by the Alcoholic Beverage Control Board for activities described in this Chapter,
the permit of said person shall be automatically revoked and become immediately null and
void.
5.34.110 Violations-Penalty. In addition to the penalties provided in this Code,
the entertainment permit previously issued shall be void and shall be revoked by the City.
There shall be no change to Chapter 5.40 regarding Community Antenna Television
Systems.
There shall be no change to Chapter 5.44 regarding Concealed Weapons.
SECTION 15. GAME MACHINES AND DEVICES.
5.48.010 Definitions. For the purpose of this chapter, the following definitions
shall apply:
A. "Arcade" is the business of operating amusement machines, games machines,
36
or any other similar mechanical amusement devices having twenty-one (21) or more
devices at a single location.
B. "Game Machine" shall mean any coin-operated mechanical amusement devices
such as pin-ball machines, phonographs, projectoscopes, muscle testing machines,
galvanic batteries, lung-testing machines, weighing machines or any other instrument or
machine of like character having for its purpose the entertainment, education or
amusement of the patron of such business.
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5.48.020 Fee. Every person carrying on the business of an arcade, or of renting,
leasing, or maintaining any machine not prohibited by law, which provides for a game of
skill, or of chance, or both, and which is operated by means of a coin, slug or similar
device, shall pay the fee as set by resolution. Such license fee shall be paid in advance.
5.48.030 Sticker issuance--Machine confiscation. The City shall furnish a
sticker or certificate, to be attached to each machine, for which a license fee is paid
hereunder, and is authorized to confiscate all such machines for which such license has
not been paid. In the event that such machine so confiscated is not redeemed within thirty
(30) days thereafter by payment of the required license fee together with the cost of
transportation and storage, such machine shall be destroyed by the City.
SECTION 16. GOING-OUT-OF-BUSINESS SALES.
5.52.010 Filing of inventory--License. It is unlawful for any person to advertise
or conduct any sale of goods, wares or merchandise that is represented as an insolvent
business, assignment for the benefit of creditors or closing out liquidation, or closing or
going-out-of-business sale which represents or intends to lead the public to believe that
upon the disposal of the goods to be placed on sale, the business being conducted in any
subject location will cease, be removed, or discontinued, without first filing with the City
the inventory of all goods, wares and merchandise which are the subject of any such sale
and obtaining from the City a license to be known as "Going-out-of-business" sale. The
_ provisions of this Chapter do not apply to foreclosures, bankruptcy, or other similar sales
conducted under the direction or pursuant to the order of court of a governmental agency.
This Chapter shall not apply to sales of goods, wares and merchandise done in the usual
and normal course of business and not for the purpose of going out of business or
complete liquidation of all goods, wares and merchandise.
5.52.020 Inventory requirements. The inventory shall contain a complete and
accurate list of the stock of goods, wares and merchandise to be sold at any ale for which
a license is required, together with the wholesale prices thereof, which inventory or list
shall be signed by the person seeking the license or by a resident agent thereunto
authorized, and by affidavit at the foot thereof he or such agent shall swear or affirm that
the information therein given is full and true and known by him or such agent to be so.
5.52.030 Investigation. The City may, in his discretion, verify the details of an
inventory filed in accordance with Section 5.52.010, or he may check and verify the items
of merchandise sold during the sale, and any person to whom a going-out-of-business sale
license has been issued shall provide the City with all facts connected with the stock on
hand or the proper information of goods sold or any other information that the City may
reasonably require in order to make a thorough investigation of the sale.
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5.52.040 Unlawful acts. It is unlawful for any person to sell, offer or expose for
sale at any such sale or to list on such inventory, any goods, wares or merchandise which
are not the regular stock of the store or other place, the business of which is to be closed
out by such sale, or to make any replenishments or additions to such stock, for the
purposes of such sale, or during the time thereof, or to fail, neglect or refuse to keep
accurate records of the articles or things sold from which records the City may ascertain
the kind and quality or the number sold.
5.52.050 Misleading statements. It is unlawful for any person conducting,
managing or carrying on any sale as provided by this Chapter to make any false or
37
misleading statements or representation, either verbally or in writing contrary to the
provisions of this Chapter.
SECTION 17. WRECKING YARDS AND JUNK DEALERS.
5.56.010 Definitions.
A. "Junk dealer" means a person having a fixed place of business in the City who
is engaged in the business of buying, selling, or otherwise dealing in, either at wholesale
or retail, old rags, sacks, bottles, cans, papers, metal, or other articles commonly
described as junk.
B. "Wrecking yard" means a person having a fixed place of business in the City
who is engaged in the business of buying, selling, or otherwise dealing in, either at
wholesale or retail, wrecked vehicles and similar items.
5.56.020 Permit--Requirement--Exemptions.
A. Permit Required. No person shall carry on the business of a wrecking yard or
junk dealer without first having obtained a permit from the City so to do in the manner
provided in this Chapter, which permit shall be posted and maintained in a conspicuous
place on the premises where such business is conducted.
B. Exemptions. The provisions of this Chapter shall not apply to franchises of the
City or any person contracting with the City to collect garbage and refuse pursuant to
applicable provisions of this Code.
5.56.030 Permit--Application--Issuance.
A. Any person desiring to obtain a license for doing business as a wrecking yard
or junk dealer in the City shall make application in writing to the City. Such application
shall be executed and verified by the applicant and shall set forth the following information:
1. The name, age and residential address of applicant, if a natural person; or,
if a corporation, its name, date and place of incorporation, address of its principal place
of business and the names of all its officers, together with their respective addresses;
2. The address at which the wrecking yard or junk dealer business is to be
conducted;
3. Two recent color photographs and fingerprints of applicant, if an individual,
including partnerships and persons owning ten percent or more of a corporation applying
for a license;
4. Such other data and information as the City may reasonably require for a
proper review by him of said application.
B. The Chief Law Enforcement Officer, after a full investigation, shall submit the
application to the Department of Justice. If the Department of Justice does not comment
on the application within thirty days thereafter, the licensing authority may grant the
applicant a license. All forms for application and licensure, and license renewal, shall be
prescribed and provided by the Department of Justice. The City, shall deny an application
for the license if the applicant has been convicted of an attempt to receive stolen property
or any other offense involving stolen property. The City shall issue or deny such license
within sixty days from the date it is filed in his office. If the City grants such a license, its
terms shall be for one calendar year from date of issuance. In making its determination,
the City shall consider among other factors:
1. All convictions, the reasons therefor, and the conduct of the applicant
subsequent to his release; and
2. The license or permit history of the applicant; whether such person in
previously operating as a wrecking yard or junk dealer in the City or another City, County
or State under a license has had such a license revoked and suspended, the reasons
therefor, and the conduct of the applicant subsequent to such suspension or revocation.
5.56.040 Permit--Denial--Appeal procedure. Within five days after receiving
notification by certified mail that his application for a license or a renewal license to
operate the business of wrecking yard or junk dealer under this Chapter has been denied,
any applicant may file with the City Clerk a written statement, addressed to the City
Council of the City, requesting a public hearing on the application before the Council, and
stating therein written exceptions to the findings of fact upon which the denial of the
38
application was based. Applicants who have been denied a Iicens~ bec~use of a
conviction for attempting to receive stolen property or any other offense involving stolen
property should be informed of their right to rev~ew ~heir criminal history re?ord in
accordance with the provisions of Article 5, California Penal Code, governing the
examination of records. Upon the filing of such statement, the Council shall fix a time, date
and place for a public hearing thereon and shall notify the applicant thereof. The hearing
shall be held at a regular meeting of the Council not later than thirty days from the date on
which the written statement was filed with the City Clerk. At the hearing, the applicant
may present evidence in support of his application and exceptions. The burden of proof
shall be on the applicant. The Council, by resolution, shall, not later than fifteen days after
the conclusion of the hearing make findings of fact and either deny or grant the application
for a license, subject to any reasonable conditions thereto as it deems appropriate. The
Council, in said resolution, shall state the facts upon which its decision is based and its
ruling upon any exceptions to the original findings of fact upon the application. A copy of
said resolution shall be served by mail upon the applicant and all parties to the hearing
requesting the same.
5.56.050 Permit--Revocation--Grounds. Any license issued under the provisions
of this Chapter shall be subject to revocation by the licensing authority and the licensee's
activities as a wrecking yard or junk dealer shall be subject to being enjoined pursuant to
Section 21646 of the Business and Professions Code for breach of any of the following
conditions:
A. If business is carried on in building or buildings other than those designated in
the license;
B. If the license or a copy thereof, certified by the licensing authority, is not
displayed on the premises where it can easily be seen;
C. If the licensee engages in the business of wrecking yard or junk dealer, as
defined in section 5.56.010, with any minor;
D. If the licensee engages in any act which is in violation of the Chapter;
E. If the licensee is convicted of any attempt to receive stolen property or any other
offense involving stolen property.
5.56.060 Requirements--Duties. Provisions Supplemental to Business License
Regulations. The provisions of this Chapter are intended to augment and be in addition
to the provisions of Chapter 5.04 of Title V of the Code, providing for business license tax.
Whenever the provisions of this Chapter impose a greater restriction upon persons,
premises or practices than is imposed by the general business license regulations, the
provisions of this Chapter shall control.
5.56.070 False Statements. It is unlawful for any person to sign or give a fictitious
name or address upon the sale of any goods, wares, merchandise or thing of value under
this Chapter or to use a fictitious name in the report required to be made pursuant to this
Chapter.
5.56.080 Prohibitions.
A. Holding Period. No wrecking yard or junk dealer shall sell or otherwise dispose
of any article within three days after such article has been received or purchased;
B. Hours. No wrecking yard or junk dealer shall operate between the hours of 9:00
p.m. and 6:00 a.m. of any day;
C. Hold Order by Law Enforcement. A law enforcement officer may place a hold
on property acquired by a wrecking yard or junk dealer in the course of his business for
an additional period of thirty days to run subsequently to the hold period provided for in
subsection A of Section 5.56.080, and upon release of such property, may require such
wrecking yard or junk dealer to keep a record of the disposition of such property. It is
unlawful for any person to dispose of any property contrary to any hold order issued by a
police officer.
5.56.090 Violations--Penalty. In addition to the penalties provided in this Code,
the license previously issued shall be void and shall be revoked by the City of any of the
39
violations as specified in Section 5.56.050.
There shall be no changes to Chapter 5.60 regarding Outdoor Festivals.
SECTION 18. BILLIARD HALLS AND POOLROOMS.
5.64.010 Definitions. As they are used in this Chapter, the following words have
the definitions set forth in this section:
A. "Billiard hall" or "pool hall" as used in this Chapter means any place at which
four or more billiard or pool tables are provided.
B. "Billiard table" means any table surrounded by a ledge or cushion with or without
pockets upon which balls are impelled by a stick or cue and upon which all forms of games
including those known as "carom", "billiards", "pocket billiards", "3-cushion billiards", and
"English billiards" are played and all other games played on a billiard, pool, or snooker
table, which also include the games known as "15-ball pool", "8-ball pool", "bottle pool",
"pea-pool" and all other games played on a so-called billiard table and also all games
played on a so-called "pigeon hole" table.
C. "Person", wherever used in this Chapter, means every natural person,
partnership, corporation, association, company, organization, or manager, agent, servant,
officer or employee of any of them.
5.64.020 License--Required. No person or persons, firms, association,
corporation, club or organization shall maintain, operate, conduct or pursue the business
or occupation of keeping any billiard hall within the City without a license as provided in
this Chapter.
5.64.030 License--Application. An application for a license shall be filed with the
City on forms to be furnished thereby, upon which forms shall be included the following
information:
A. The name and address of applicant;
B. In the case of a partnership, it should state the names and addresses of all
partners;
C. In the case of a corporation, it should state the name and address of all officers,
directors and stockholders presently holding stock and all who have for six months prior
to the making of said application been officers, directors or stockholders;
D. In the case of clubs, associations or other organizations, it should state the
names and addresses of all officers.
E. The location of the premises to be licensed and the name and address of the
owner or owners of said premises;
F. The number of billiard tables to be located upon the premises to be licensed;
G. A statement as to whether the applicant has ever been convicted of any crime
or misdemeanor other than minor traffic violations, and if so, the nature of the offense and
the place of trial or conviction;
H. The fingerprints and photograph of the applicant and all persons named in the
application;
I. Whatever other information deemed necessary by the City Council to determine
the fitness of the applicant.
5.64.040 Investigation fee. The applicant for a permit under this Chapter shall pay
an investigation fee of not less than fifty-two dollars. Thereupon the City shall forward a
completed copy of the application to the chief law enforcement officer.
5.64.050 Employees--Investigation.
A. The applicant for the license shall file with the City a sworn list of all persons to
be employed by said applicant giving the name, address, age, and information relative to
convictions required by this Chapter. The chief law enforcement officer shall cause an
investigation to be made concerning the qualifications of the proposed employee as
required of a licensee of a billiard hall under this Chapter and shall submit his findings to
the City in like manner. After a license has been issued, the licensee shall obtain
authorization for the employment of any person whom he intends to employ and who has
40
not been previously so authorized for employment in like manner as pro~ided for new
applications, except that a fee as set by resolution for each such prospective employ~e
shall be paid at the time of application. Said authorization shall be made by the City
Counci I.
B. It is unlawful for any person to serve as an employee in or during the hours of
operation as such or for the licensee to employ any person to serve as such during
working hours without the authorization required in this Chapter.
5.64.060 Applicant--Investigation. The chief law enforcement officer shall cause
to be made an investigation of all persons named in an application for a license and report
his findings to the City.
The license shall not be issued if the applicant or any partner or the principal officer
or any stockholder holding more than twenty percent of the capital stock of the corporation
(if the applicant is a corporation):
A. Has been convicted of a felony or has been convicted of a misdemeanor
involving moral turpitude;
B. Was the owner, part owner, principal officer or stockholder of any billiard hall in
the City or elsewhere the license for which was revoked within the previous five (5) years;
C. Is under twenty-one years of age.
5.64.070 Application--Approval. All licenses provided for in this Chapter shall be
issued only after the report of the chief law enforcement officer has been adopted and
approved by the City Council and only after the payment of the license fee as set by
resolution. All such licenses shall be valid for one year from the date of issue, unless
sooner revoked. Such license shall bear the date of issue, the name of the licensee, the
purpose for which issued and the location of the room or building wherein the licensee is
authorized to carry on and conduct such business.
5.64.080 License--Transfer. Such license shall not be transferable by the holder
to any other person, persons, firm, or corporation, but such license may be transferred by
the holder to another location; provided, that the licensee shall make written application
for such transfer to the City and such transfer is approved by the City Council. A transfer
fee and process fee as set by resolution shall also be paid by the applicant at the time of
application.
5.64.090 License--Change of ownership. A license issued to a partnership shall
not be voided by withdrawal of a partner so long as one of the original partners remains,
but if a new partner becomes a member, a new license shall be required unless he already
holds a license. A license issued to a corporation shall be voided if an unqualified person
becomes a principal officer or stockholder owning twenty percent or more of the capital
stock in the corporation. All changes in the membership of the partnership or all changes
in the identity of the principal officers or stockholders owning twenty percent or more of the
capital stock of a corporation shall be reported to the City within ten days after they occur.
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5.64.100 Application--Denial. The application for a license may be denied as to
a particular location within the City whenever the City Council finds that the location and
physical layout of the premises are such and the layout characteristics are such that it is
detrimental to the health, safety and general welfare of the public to permit the operation
of a billiard hall in that particular location. Said denial shall be made upon written findings
of fact which may include but are not limited to the following:
A. That the granting of a license will have a substantial adverse effect upon the
public health of the persons living in the immediate neighborhood;
B. That the granting of a license will have a substantial adverse effect upon the
safety of the persons living in the immediate neighborhood;
C. That the granting of a license will cause a substantial depreciation in the value
of the property in the immediate neighborhood;
D. That the granting of a license will have a substantial adverse effect upon the
convenience and prosperity of the immediate neighborhood;
E. That the granting of a license will constitute a public or private nuisance;
41
F. That the granting of a license is not in the best interest of the community in that
it is not compatible to good planning and development of the area.
No license shall be issued for the operation of any billiard room which is located
within two hundred feet of any school, church, or publicly owned building, such
measurement being made by the shortest distance between the lots on which the
structures are located.
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5.64.110 Minor--Entering, remaining on premises. Except as provided in this
Chapter, any person under the age of eighteen years who enters, visits or remains in any
billiard parlor or poolroom as defined in this Chapter, unless said minor is in the company
and under the charge of his parents, guardian or other adult person having the legal
custody, care and control of such minor, is guilty of a misdemeanor.
5.64.120 Minor--Permitting to enter, remain on premises. Except as provided
in section 5.64.130, any person under the age of eighteen years who enters, visits or
remains in any billiard parlor or poolroom as defined in section 5.64.010, who suffers,
allows or permits any person under the age of eighteen years to be, or remain in, enter or
visit such billiard parlor or poolroom, unless said minor is in the company and under the
charge of his parent, guardian or other adult person having the legal custody, care and
control of such minor, is guilty of a misdemeanor.
5.64.130 Minor--Exceptions to prohibitions. Sections 5.64.110 and 5.64.120
shall not apply to any persons who have attained their fourteenth birthday; provided it is
not between the hours of ten p.m. and sunrise of the following day and the billiard room
where said persons are found meets the following qualifications:
A. No alcoholic beverages shall be allowed in, sold, given away, or in any other
manner purveyed on the premises of said billiard hall or on any premises connected to
said billiard hall by a doorway, archway or any other opening not permanently sealed.
B. Such billiard hall is substantially open to public view from the outside of the
building in which such a billiard hall is located.
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5.64.140 License--Revocation.
A. The City Council may suspend or revoke the license of any licensee after
hearing on anyone or more of the following grounds:
1. Violation of any laws of the state upon the licensed premises by the
licensee, its agents, servants, employees or representatives;
2. Violation of any ordinance of the City upon the licensed premises by the
licensee, its agents, servants, employees or representatives;
3. If said license was procured by fraudulent conduct or false statement of the
material facts or if a fact concerning applicant was not disclosed at the time of filing where
such fact would have constituted just cause for refusing to issue such license;
4. Permitting or suffering any activity on the licensed premises which may be
detrimental to the welfare, safety or health of the public.
B. In all such cases, written notice of the charge or charges and time and place of
hearing shall be served on the licensee either in person or by certified registered mail
addressed to the licensed premises. No revocation or suspension shall occur unless the
licensee has been notified or a reasonable attempt to so notify the licensee has been
made by the proper authorities, and the licensee is unable to be found.
C. In the event any license is suspended or revoked, the licensee shall not be
permitted the return of any portion of the license fee.
D. Any premises which is declared to be unsafe by the written report of the building
inspector or a fire hazard by the written report of the fire chief is ineligible for a license and
any license issued therefor may be revoked.
5.64.150 License--Posting. There shall be conspicuously posted and displayed
in any premises licensed under this Chapter:
A. The license issued pursuant to this Chapter;
B. Not less than one sign giving notice that no person under the age of eighteen
years is permitted on the licensed premises unless said premises qualify under section
42
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5.64.130, and in that event not less than one sign giving notice that no person under the
age of fourteen years is permitted unless accompanied by his pa~ent, guardian or other
adult person having the legal custody, care and control of such minor.
5.64.160 Betting or gambling--Prohibited. No person while in a billiard hall shall
gamble or make any bet.
5.64.170 License--Additional. Any person, firm or corporation licensed to operate
a billiard hall pursuant to the provisions of this Chapter shall, in addition, be required to
have a business license as provided for in Chapter 5.08.020.
5.64.180 Closing hours. All pool halls within the City shall be closed between the
hours of two a.m. and six a.m. of every day.
SECTION 19. PUBLIC DANCES.
5.68.010 Definitions. For the purpose of this Chapter, certain words and phrases
shall be construed as set forth in this section:
A. "Dinner-dancing place" means a place where music is provided and the public
is permitted to dance without payment of a fee.
B. "Private dance" means a dance which is limited to those persons individually
invited to which no admittance charge is made, or a dance conducted by any bona fide
club, society, or association, organized or incorporated for benevolent, charitable,
dramatic, literary or dancing purposes, having an established membership, and which
holds meetings other than such dances at regular stated intervals, when proceeds, if any,
arising from such dances, are used for the purposes of such club, society or association.
C. "Public dance" means any dance open to the public for an admittance fee or
charge which is held on one day only.
D. "Public dance hall" means a place where dancing is regularly conducted as a
business, whether for profit or not for profit, and to which the public is admitted, whether
with or without charge, and where the public is allowed to participate in said dancing either
with or without charge.
5.68.020 Permit--Required. No person shall conduct any public dancehall, public
dance, or dinner-dancing place in the City unless said person shall obtain a permit so to
do as provided in this Chapter:
Any person conducting a private dance shall be required to file an application for
permit forty-eight hours prior to the event; however, said person shall not be required to
pay the prescribed fee.
5.68.030 Hours when prohibited. It is unlawful for any person, association or
persons, corporation, or company to conduct or assist in conducting any public dance, or
operate any dance hall or dancing club in the City between the hours of two a.m. and six
a. m. on any day of the week.
5.68.040 Permit--Application. Applicants for permits under this Chapter shall file
a written, signed and acknowledged application with the director of finance showing:
A. The name and permanent address of applicant;
B. The date, hours and location where said dance or dancing is proposed, and the
admission fee, if any, to be charged;
C. The name or names of the person or persons having the management or
supervision of applicant's business;
D. The length of residence of applicant within the City;
E. A statement of the nature and character of applicant's business, if any, to be
carried on in conjunction with such dancing;
F. Whether or not the person or persons having the management or supervision
of applicant's business have been convicted of a crime; the nature of such offense; and
the sentence received therefor;
G. Such other reasonable information as to the identity or character of the person
or persons having the management or supervision of applicant's business as the Council
43
may deem necessary.
5.68.050 Permit--Transferability--Revocation. Such permit shall not be
transferable to another permittee or to another location without the consent of the Council,
and shall be posted in a conspicuous place at the location where the dance is held, and
shall be revocable for cause by the City.
5.68.060 Attendance of police officer. The City is empowered to require a police
officer to be in attendance during said public dance or may waive said requirement. In the
event that the attendance of a police officer is required, as herein provided, the applicant
for said public dance shall pay such fee as may be established and said payments shall
be made to the City.
5.68.070 Permit--Fee. A permit fee, as set by resolution, shall be collected by the
City for each permit issued under the terms of this Chapter in addition to the amount
deposited to defray the expense of a police officer to be in attendance. Each permit shall
bear the date, hours and address of such dance, and will not be issued for more than one
dance.
There shall be no changes to Chapter 5.72 regarding Rummage Sales.
There shall be no changes to Chapter 5.73 regarding Special Events.
SECTION 20. YARD, GARAGE AND HOUSE SALES.
5.76.010 Yard sale defined. Yard sale, including patio or garage sales, shall
mean the sale of personal property in, at, or upon any residentially zoned property by the
occupant(s) and is limited to the sale of common household goods such as clothing,
interior furnishings, small appliances, toys and other similar items.
_ 5.76.020 Exemptions. The provisions of this Chapter shall not apply to sales
conducted pursuant to process or order of any court of competent jurisdiction.
5.76.030 Frequency and time. An individual seller, household, home address
group, or family shall be permitted no more than two yard sales per calendar year. The
length of time per yard sale shall not exceed three consecutive days and shall be held at
least four months apart. Sales shall be conducted only between the hours of eight a.m.
to eight p.m. Charitable, religious and civic organizations shall be exempt from the
provisions of this section.
5.76.040 Display. All merchandise offered for sale shall be arranged so that fire,
police, health and other officials may have access for inspection at all times during the
sale. Personal property offered for sale shall not be displayed or stored on adjoining
public sidewalks or streets or right-of-way.
5.76.050 Signs. One sign with an area not greater than four square feet in area,
may be posted on the property where the yard sale occurs, during the hours of the sale
only. The sign must be removed at the conclusion of the sale. No other signs are
permitted, including signs on public property.
5.76.060 Permit--Required. It shall be unlawful to conduct a yard sale, as defined
in this Chapter without a City Yard Sale Permit. Upon application, the City shall issue a
nontransferable permit for the specified location.
5.76.070 Permit--Denial--Revocation. Any permit issued pursuant to this Chapter
may be revoked or any application for issuance of a permit may be refused if the
application for the permit contains any false, misleading or fraudulent statement. Any
individual violating the provisions of this Chapter shall suffer cancellation of any existing
permit and shall not be issued another permit for a period of two years from the time of
44
cancellation.
THIS ORDINANCE SHALL TAKE EFFECT AS APPROVED BY LAW.
INTRODUCED AND PASSED UPON FIRST READING this 11 th day of July ,
1995, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS: ALONGI
ABSENT:
COUNCILMEMBERS: NONE
ABSTAIN:
COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 25thday
of July . 1995, upon the following roll call vote:
AYES:
NOES:
COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: ALONGI
-
ABSTAIN:
COUNCILMEMBE
L
NONE
, . ~,"L~J
VICKI L. KASAD, CITY CLE K
APPROVED AS TO FORM AND LEGALITY:
-
45
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on July 11, 1995, and passed on July 25, 1995, by
the following roll call vote:
AYES:
COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: ALONGI
~( ABSTAIN:
((1 C)! I
VI~S~CLERK
CITY OF LAKE ELSINORE
COUNCILMEMBERS:
NONE
( SEAL)
-
I
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 1001 of said Council, and that the
same has not been ,amended or repealed.
DATED:
July 26, 1995
~w
ICKI KASAD, CITY CLERK
CIty'Y OF I.AKE ELSINORE
( SEAL)
-
ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY OF LAKE ELSINORE
AMENDING CHAPTER 9 BY ADDING SUB-SECTION
9.96.210, AIRCRAFT
-
WHEREAS, On June 8, 1993, the City of Lake Elsinore adopted
Ordinance No. 957 - Boating Regulations & Lake Rules; and
WHEREAS, Ordinance No. 957 did not include a section on
aircraft;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY ORDAIN:
That Chapter 9 be amended by adding subsection 9.96.210:
9.96.210 - Aircraft
No person using any aircraft shall land, taxi, or take off
from Lake Elsinore, if not specifically approved by the City
Manager's Office after a finding that the activity is consistent
with all necessary safety rules and regulations. No person shall
parachute into, fly an aircraft, ultralight vehicle, or hang glider
over, or para-sailor balloon over Lake Elsinore at an altitude of
less than 500 feet unless authorized by the City Manager's Office
by written order.
INTRODUCED AND PASSED UPON FIRST READING THIS 22nd DAY OF
AUGUST 1995, UPON THE FOLLOWING ROLL CALL VOTE:
-
AYES:
COUNCILMEMBERS:
ALONGI, BENDER, PAPE, WASHBURN
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRINLEY
ABSTAIN: COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED this 12th day of September, 1995
upon the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
-
ABSTAIN: COUNCILMEMBERS: NONE
[[1~
VICKI bYNNE I(ASAD,' CITY CLERK
CITY OF LAKE ELSINORE
ASHBURN, MAYOR
F LAKE ELSINORE
JOHN R. HARPER,
ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on August 22, 1995, and passed on September 12,
1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
l',.BS ENT :
COUNCILMEMBERS: NONE
f
I ABST1\IN: COUNCILMEMBERS: NONE
I -
\, '\ / J
C; \ \ )/
'LtV'~L,-<'Y: ".
VICKI- l~SAD, CI';'Y CLERK
~ITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 1002 of said Council, and that the
same has not been amended or repealed.
DATED: September 18, 1995
nlo- Ii "
~~KI ~P~LERK
CITY OF l~E BLSINORE
( SEAL)
-
ORDINANCE NO. 1003
AN ORDINANCE OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REPEALING
CHAPTER 6.04 "ANIMALS AND ANIMAL
CONTROL OFFICERS" OF THE LAKE
ELSINORE MUNICIPAL CODE AND ADDING
SECTIONS 6.04.000 THROUGH 6.04.280.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.04, "Animals and Animal Control
Officers" is hereby repealed.
SECTION 2. The attached Chapter 6.04, "Animals and Animal
Control Officers" sections 6.04.000 through 6.04.280, is hereby
adopted.
SECTION 3. This ordinance shall take effect as provided by
law.
INTRODUCED AND APPROVED UPON FIRST READING this 12th day of
December, 1995, upon the following roll call vote:
AYES:
COUNCILMEHBERS: ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEHBERS: NONE
ABSENT:
COUNCILMEHBERS: NONE
-
ABSTAIN:
COUNCILMEHBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th
day of January, 1996, upon the following roll call vote:
AYES:
COUNCILMEHBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES:
COUNCILMEHBERS: NONE
ABSENT:
COUNCILMEHBERS: NONE
ABSTAIN:
COUNCILMEMBERS : NONE
~-r:<ST:-:
0\~1.-.\
~,,!__ ~~Y CLERK
-
--
APPROVED AS TO LEGAL FORM:
ORDXNANCE NO. 1003 - PAGE TWO
SECTXONS
6.04.000
6.04.010
6.04.020
6.04.030
6.04.040
6.04.050
6.04.060
6.04.070
6.04.080
6.04.090
6.04.100
6.04.110
6.04.120
....
6.04.130
6.04.140
6.04.150
6.04.160
6.04.170
6.04.180
6.04.190
6.04.200
6.04.210
6.04.220
6.04.230
6.04.240
6.04.250
6.04.260
6.04.270
6.04.280
CHAPTER 6.04
ANXMALS AND ANXMAL CONTROL OPPXCERS
Definitions
Animal control Pee Schedule
Pees - Dogs/Cats
vaccination Requirements
License Xnformation - Tags
Kennels and catteries
Kennel/Cattery License Application , Xssuance Conditions
Records of Dogs and Cats Sold
Kennel, cattery and Pet Shop xnspections
sterilization of Adopted Animals
Non-Profit organizations
Duties of Animal Control Officers
Animal control Officers/Enforcement Duties/Entrance upon
Private Property
Dog and Cat Xmpoundment Regulations
Pees and charges
Unlawful Acts Designated
Transporting of Animals
Animals Unattended in Motor Vehicles
Use of Streets, Sidewalks, Public Places
Traps and Cages
Crimes Against Animals
Animal Sanitation
Female Dogs and Cats in Season (Estrus)
Xsolation of Animals - Rabies Precaution
vicious or Unsafe Animals
Keeping of Exotic Animals
Keeping of Exotic Animals - Exceptions
violation - Penalty
constitutionality - seperability
6.04.000 Definitions:
Whenever, in this chapter the following terms are used, they shall
have the meaning ascribed to them in this section unless it is
apparent from the context thereof that some other meaning is intended:
A) ANIMAL CONTROL OFFICER means the person or duly authorized agent
of such person so designated by the city.
B) AT LARGE means any dog which is off the premises of its owner,
custodian or caretaker and which is not under physical restraint
by a leash of a size and material appropriate to the size and
temperament of the dog and which is held by a person capable of
restraining such dog, or is not otherwise physically restrained
by some other device or instrumentality, except that such device
or instrumentality shall not include voice control, eye control
or signal control of the dog by any person, device or
instrumentality.
.....
C)
CITY shall mean the City of Lake Elsinore.
D) ANIMAL CONTROL AGENCY shall mean the Animal Control Agency or
their designee, which may specifically include the City's
contractor for Animal Control Services.
E) COMMERCIAL CATTERY means any building, structure, enclosure or
premises whereupon, or within which five (5) or more cats four
(4) months of age or older, are kept or maintained, for financial
profit for the purpose of boarding, breeding, training,
marketing, hire or any other similar purpose.
ORDINANCE NO. 1003 - PAGE THREE
F) COMMERCIAL KENNEL means any building, structure, enclosure or
premises whereupon, or within five (5) or more dogs four (4)
months of age or older, are kept or maintained, for financial
profit for the purpose of boarding, breeding, training,
marketing, hire or any other similar purpose.
G) NON COMMERCIAL CATTERY means any building, structure, enclosure
or premises whereupon, or within which five (5) to ten (10) cats,
four (4) months of age or older, are kept or maintained for non-
commercial reasons. Each cat must be altered by six (6) months
of age.
H) NON COMMERCIAL KENNEL means any building, structure, enclosure or
premises whereupon, or within which five (5) to ten (10) dogs,
four (4) months of age or older, are kept or maintained for non
commercial reasons. Each animal shall be individually licensed
at 4 months and altered upon reaching six (6) months of age.
I) IMPOUNDED means having been received into the custody of the
animal control authorized under the provisions of this chapter.
J) PERSON means any individual, firm, partnership, joint venture,
corporation, association, club or organization.
K) SENTRY DOG means any dog trained to work without supervision in a
fenced facility and to deter or detain unauthorized persons found
within the facility.
L)
UNLICENSED DOG means any dog four (4) months of age or older, for
which no valid license is currently in force within the
incorporated area.
.....
M) VACCINATION means an inoculation against rabies of any dog or cat
four (4) months of age or older of any vaccine prescribed for
that purpose by the California Department of Health Services.
N) DOG OR CAT OWNER means any person harboring, pet sitting, care-
taking, custodian, resident at which registered owner, licensed
owner, any person in charge or animal.
0) VICIOUS DOG means any dog which has bitten a person or animal
without provocation or which has a disposition or propensity to
attack or bite any person or animal.
P)
VICIOUS CONFINEMENT means any confinement of dog deemed V1C10US,
by the Animal Control Agency and which may be required to be
contained in a chain link kennel 11 by 9 gauge wire, with the
dimensions: minimum 12' by 6' high, to be entirely enclosed with
an attached chain link top, to include an end protective area
from the weather no less than 4' on top and 4' on either side, to
be constructed with plywood or fiberglass on the outside of the
kennel. Chain link is to be set in concrete flooring around the
base of the kennel, and the kennel must be reinforced with a top
and lower retaining rail, top is for support and the bottom is to
serve as a safety guard against dog pulling chain link out of
concrete.
----
Q) ADEQUATE SHELTER means an area that has adequate space for the
size dog being kept, and that area should contain a shelter that
would humanely house a dog from the elements.
R) EXOTIC ANIMALS means any non-domestic animal and/or any animal
not native to the Southern California area.
ORDINANCE NO. 1003 - PAGE FOUR
S) ELECTRIFIED FENCE means an accepted and approved form of fencing
providing an electrified perimeter within, and attached to a
board, chain link, or block wall fence. *Habitual runaways or
"at large" offenders could be mandated to install this device per
Animal Control.
T) PET SHOP means any person, establishment, store or department of
any store that acquires live animals, including birds, reptiles,
fowl and fish, and sells, or offers to sell or rent such live
animals to the public or to retail outlets.
U) PUBLIC PLACES means and shall include, without limitations,
streets, highways, fronts of places of businesses, carnivals,
flea markets, swap meets and sidewalks.
DOG LICENSES: 1 Year 2 Year 3 Year
Unaltered Dog $25.00 $50.00 75.00
Altered Dog 10.00 15.00 20.00
Senior citizen (age 60)
(altered dog) 3.00 5.00 7.00
CAT LICENSES:
Unaltered Cat $12.00 24.00 36.00
- Altered Cat 6.00 8.00 10.00
Senior citizen (age 60)
(altered cat) 3.00 4.00 5.00
Late Fee $20.00 Late Fee Senior citizen (unaltered) $15.00
Replacement Tag $6.00 Transfer Fee $2.00
Penalty Fee for an Unlicensed, Impounded Dog - LEAF option $30.00
BREEDING PERMIT: $25.00 per year 1st Time 2nd Time 3rd Time
violation of Breeding Permit
$100.00
200.00
300.00
KENNEL/PET SHOP LICENSE
Pet Shop
Non-Commercial
Non-Commercial
Late Fee - 50%
$100
Cattery 120
Kennel 120
of the Applicable
Commercial cattery $160
Commercial Kennel 160
one (1) Year License Fee
IMPOUNDS (in a 12 month period) 1st Time 2nd Time 3rd Time
-- Dog or Cat Unaltered $30.00 $40.00 $50.00
Dog or Cat Altered 20.00 30.00 40.00
Female Dog or Cat in Season-Estrus 30.00 50.00 70.00
Vicious Dog 50.00 75.00 100.00
BOARD:
Per Day - Dogs & Cats $5.00
Horse, Cattle, Swine, Goats, Sheep 5.00
Fowl 2.00
ORDINANCE NO. 1003 - PAGE FIVE
ADDITIONAL FEES:
Home Quarantine - 3 visits Required
Shelter Quarantine
Owner Assist Calls
Transportation Cost-Per Mile
Man-Hours Per Hour During Business Hours
Euthanasia, Per Animal
Release After Hours, Additional Fee
Pickup of Livestock, Per Head
Impound, After Hours and Response Calls
Use of Trailer, Per Load
Fee for Declared vicious Dog
Refundable Spay/Neuter Fee - Adoptions - Cats
Dogs
6.04.020 FEES - DOGS' CATS
$40.00
65.00
20.00
.38
28.00
20.00
10.00
25.00
30.00
20.00
75.00
25.00
40.00
A) It is unlawful for any person to own, harbor or keep any dog or
cat four months of age or older within the City for a period
longer than thirty (30) days, unless there is attached to such
dog or cat a valid license tag obtained from the City of Lake
Elsinore. A license will be issued for each dog or cat upon
paYment of a license fee, which is set forth in section 6.04.010.
Said license shall be valid for a period of one year following
issuance and shall be renewed within thirty (30) days after such
period termination.
-----
B)
C)
----
If an application for a license is made more than thirty days
after the date such license is required, the applicant shall pay
a penalty, as set forth in 6.04.010. If a valid license tag is
lost or destroyed, a duplicate thereof may be procured from the
Animal Control Department upon submission of proof of loss and
paYment of the fee established in 6.040.010.
Any dog or cat owned by a person moving into Lake Elsinore that
has a current license issued in the county of Riverside will be
honored for up to one (1) year. A Lake Elsinore license must be
issued however, to insure that the dog or cat is vaccinated
against rabies and to insure proper information is on file
regarding the owner and the animal.
No fee shall be required for a ~i~nse for any dog being reared,
possessed and under the control~ blind person, hearing
impaired person, or other certif~ed dogs that are trained to
assist the handicapped or police dogs used in the course~cope
of their emploYment by peace officers.
The owner of any unaltered dog or cat shall be required to obtain
a Breeding Permit in addition to the required license.
D)
E)
6.04.030 VACCINATION REOUIREMENTS
At the time of paYment of the fee for a dog or cat license, the
applicant therefor shall deliver to the Animal Control Agency or
their designee a certificate of vaccination, signed by a
veterinarian licensed to practice as such in the state,
certifying that he vaccinated the dog or cat for which a license
is sought with rabies vaccine, one injection or approved method,
within a period of twelve (12) months, and giving the date of
such one injection or approved method, within a period of twelve
(12) months, and giving the date of such vaccination, the brand
or type of each dog or cat and the name of the owner of said dog
or cat.
A)
ORDINANCE HO. 1003 - PAGE SIX
B) Each veterinarian after vaccinating any dog or cat shall sign a
certificate of vaccination in duplicate in the form required by
the Hea~th Officer. The veterinarian shall keep one (1) copy,
shall g~ve one (1) copy to the owner of the vaccinated dog or cat
and shall send one (1) copy to the Animal Control Agency. The
owner shall retain his or her copy of the certificate in a safe
place for so long as he or she shall continue to own the dog or
cat or until such time as the dog or cat is vaccinated again, at
which time the new certificate shall be retained as above
indicated.
6.04.040 LICENSE INFORMATION - TAGS
Each license shall state the name and residence address of the person
to whom each license is issued, the amount paid therefor, the date
when issued, the date on which such license shall expire, and in the
case of an individual dog or cat license, a description of the dog or
cat for which such license is issued, and the number of metallic tag
accompanying such license, which metallic tag is required and
authorized, and shall be furnished at the expense of the Animal
Control Agency. with each license for any individual dog or cat there
shall be issued and delivered to the person securing the license a
metal tag with a serial number of the license issued. Each kennel or
cattery license shall show the maximum number of animals which may be
kept in such kennel or cattery under authority of such license.
6.04.050 KENNELS AND CATTERIES
A) It is unlawful for any person to own or operate a commercial
kennel, non-commercial kennel, commercial cattery, non-commercial
cattery or a pet shop without first obtaining a permit from the
Animal Control Agency or their designee. Said license shall be
valid for a period of one (1) year following issuance and shall
be renewed within thirty days after such period terminates.
B) If an application for a license is made more than thirty (30)
days after the date such license/permit is required, the
applicant shall pay a penalty as set forth in #6.04.010.
6.04.060 KENNEL OR CATTERY PERMIT/LICENSE - ADDlication , Issuance
Condition
A) ACKNOWLEDGMENT OF STANDARDS. A copy of the applicable standards
will be supplied to the applicant with each request for an
application for a permit, and the applicant shall acknowledge
receipt of such standards and agree to comply with them and to
allow inspections at reasonable times by signing the application
form.
B) Application for a kennel, cattery or pet shop permit/license
shall be filed with the Animal Control Agency no later than ten
days after obtaining written verification from the Planning
Division of the city that the operation of a kennel, cattery, or
pet shop is in compliance with all applicable City codes. After
receipt of the application, the Animal Control Agency or their
designee shall make, or cause to be made, an examination of the
kennel, cattery or pet shop, and the permit/license shall be
issued if the kennel, cattery or pet shop in the opinion of the
Animal Control Agency or their designee satisfactorily meets each
of the following conditions:
1. The kennel, cattery or pet shop is constructed, equipped and
maintained so as to continuously provide a healthful and
sanitary environment for the dogs or cats kept, or to be
kept therein;
ORDINANCE NO. 1003 - PAGE SEVEN
2.
There is adequate shelter(i~rm)the elements and sufficient
space for exercise; ----
3.
There is ample and healthful food and potable water, and
adequate sanitary facilities for the storage of such food
and water;
4.
There are provisions made for the removal and disposal of
animal and food wastes, bedding, and debris. Disposal
facilities shall be so provided and operated to minimize
vermin infestation, odors, and disease hazards in compliance
with local laws.
5.
There are adequate drainage facilities.
6.
There is adequate and effective means of the control of
insects and rodents, and such control is vigorously and
continually maintained.
7.
b..',;:;"u
The person applying for the permit/license has no~)~
convicted of the crime of cruelty to animals whether in this
state or any other state;
8.
sick animals shall be separated from those appearing healthy
and normal and if for sale, shall be removed from display
and sale. No person shall knowingly sell a sick or injured
animal or bird. sick animals shall be kept in isolation
quarters with adequate ventilation to keep from
contaminating well animals.
9.
An employee or owner shall come in to feed, water and do the
necessary cleaning of animals and birds on days the store or
shop is closed.
Living quarters for human habitation shall not be considered
adequate for a commercial kennel or cattery or a pet shop.
10.
C) The Animal Control Agency or their designee shall have the
authority to enter upon the premises in which a kennel, cattery
or pet shop is located for the purpose of determining whether
such kennel or cattery satisfactorily meets the conditions set
forth in this chapter.
D) The Animal Control Agency may deny an application for a
permit/license required by this chapter, whether original or
renewal, or suspend or revoke such a permit/license if it finds
that any kennel, cattery or pet shop fails to meet any of the
conditions set forth in this chapter, or the premises within
which dogs or cats are kept or maintained as provided in this
chapter fail to meet any of the conditions set forth herein. The
Animal Control Agency shall prepare a notice of denial of an
application, or suspension or revocation of a permit/license,
setting forth the reasons for such a denial, suspension or
revocation. Such notice shall be served personally on the
applicant or licensee. Such notice of denial, suspension or
revocation by filing with the City, within fifteen (15) days
after notice of such denial, suspension or revocation, a written
notice of appeal briefly setting forth the reasons why such
denial, suspension or revocation.is not proper and by paying the
fee for appeal established by section 6.04.010. The City Clerk
shall give notice to the appellant by regular mail of the time
and place of the hearing. Such appeal shall be heard by the City
Council which may affirm, amend or reverse the decisions. In
conducting the hearing, the Council shall not be limited by the
technical rules of evidence.
ORDINANCB NO. 1003 - PAGB EIGHT
6.04.070 RECORD OF DOGS AND CATS SOLD
All kennels, catteries, and pet shop operators shall maintain records
of all dogs and cats sold of any age. Records shall include the new
owner's name, address and the description of the dog or cat sold
including breed, color, sex, month and year of birth, and veterinarian
records. Copies of these records shall be provided to the Animal
Control Agency or their designee monthly within ten (10) calendar days
after the last day of each month.
6.04.080 KENNEL. CATTERY AND PET SHOP INSPBCTIONS
Because of the need to adequately protect animals within kennels,
catteries and pet shops from unhealthy conditions and practices,
reasonaI!r..,~inspection requirements dictate that the Animal Control
Agency of rheir designee shall have the right to inspect kennels,
catter1 s-and pet shops at reasonable times, as a condition of the
issuance of a kennel, cattery or pet shop permit/license.
6.04.080A SALE OR ADOPTION OF CATS OR DOGS
A) Any person who provides or offers to the public; whether or not
for compensation, any pet or pet related goods or services shall
provide to their clients, free of charge, information relating to
pet care and ownership, including information on City laws
pertaining to Animal Control. This required information will be
prepared and provided by the Animal Control Program.
B)
Any person offering pets for sale or adoption shall disclose to
any purchaser or adoptive owner information regarding the
licensing requirements of Lake Elsinore applicable to such
animal.
.....
C) Prior to release for adoption, any animal adopted from any animal
welfare agency shall be spayed or neutered as early as is
medically appropriate, unless the adoptive owner obtains a
certificate from a licensed veterinarian certifying as to the
health reasons for failing to alter such animal.
6.04.090 STERILIZATION OF ADOPTED ANIMALS
A) No unclaimed dog or cat shall be released for adoption without
being sterilized or without written agreement from the adopter
guaranteeing that such animal will be sterilized within thirty
(30) days for adults and at a specified date in the contract for
puppies and kittens.
B) For each unaltered dog or cat placed for adoption in the City of
Lake Elsinore, the Animal Control Agency or their designee shall
collect a refundable fee, as set forth in 6.04.010, for the
purpose of contributing to the sterilization of such adopted dogs
and cats. The fee shall be refunded if the cat or dog and
certificate are returned and surrendered to the Animal Control
Agency or their designee within sixty (60) days. Infraction fine
not to exceed a fine of $500.
6.04.100 NON-PROFIT CORPORATIONS
A non-profit corporation formed pursuant to the provisions of the
California Corporation Code commencing with Section 10400 for the
prevention of cruelty to animals shall not be required to pay a fee
for the licenses required by this chapter. with the exception of such
fees, all other provisions of this chapter shall be applicable to any
such non-profit corporation.
ORDINANCB NO. 1003 - PAGB NINB
6.04.110 DUTIBS OF ANIMAL CONTROL OFFICBR
It shall be the duty of the Animal Control Officer:
A) To receive, take up, and impound:
1. Any dog or cat found running at large in violation of this
chapter or of any law of the state of California.
2.
Any dog or cat which is mOlesting any person!
Any of~'~;t~{d09 which is molesting or harassing animals,
birds or pets upon the premises of any person.
3.
4. Any dog or cat which is found running at large while in
season (estrus).
B) To regularly and adequately feed, water, and otherwise care for
all animals impounded under the provisions of this chapter, or to
provide for such feeding and watering.
C) To investigate the condition and behavior of any dog which he has
reason to believe is vicious or dangerous, and if he finds such
dog to be vicious in its habits, he shall repor9' his findings in
writing, either in person or by mail, to the owner of such dog if
the name and whereabouts of said owner are known, and if unknown,
then the dog shall be impounded.
D) To follow the provisions of Penal Code 597 in humanely destroying
or giving emergency care to sick or injured dogs or cats.
E) To do and perform any other acts necessary to carry out the
provisions of this chapter and of the laws of the state relating
to dogs.
F) Make such reports to the Animal Control Agency and city Council
as they may require, relative to his duties as Animal Control
Officer and performance of his duties in accordance with this
chapter.
6.04.120 ANIMAL CONTROL OFFICERS-ENFORCEMENT DUTIBS - ENTRANCE UPON
PRIVATE PROPERTY
It shall be the duty of all peace officers to cooperate with and
assist the Animal Control Officer in the enforcement of the provisions
of this chapter. Unless otherwise prohibited by law, all persons
whose duty it is to enforce the provisions of this chapter are hereby
empowered to enter upon private property where any dog or cat is kept
or believed to be kept for the purpose of ascertaining whether any dog
is harbored in violation of any of the provisions of this chapter,
subject to constitutional and statutory search and seizure laws.
6.04.130 DOG AND CAT IMPOUNDMENT REGULATIONS
A) No impounded animal shall be redeemed except on paYment of all
appropriate fees as stated in 6.04.010. No dog or cat which is
to be kept or harbored within the corporate limits of the City of
Lake Elsinore shall be released from the shelter unless or until
it is duly licensed in accordance with the provisions of this
chapter. No unredeemed dog or cat shall be sold if or while the
same is suffering from any infectious or communicable disease.
ORDINANCE NO. 1003 - PAGE TEN
B) Any officer acting under the provisions of this chapter, and
impounding a licensed dog or cat shall give notice in person or
by regular mail to the last known address of the owner of the
impounding of such dog or cat. If such dog or cat is not
redeemed within ten days from the date of the giving of such
notice, the officer having custody of the dog shall dispose of it
in accordance with the provisions of this chapter or shall have
the dog or cat destroyed.
C) Upon impounding an unlicensed dog or cat, the officer shall give
notice in person or by regular mail to the owner, if known, of
the impounding of such dog or cat. If such dog or cat is not
redeemed within five days after such notice has been given, the
officer shall dispose of such dog or cat in accordance with the
provisions of this chapter or shall have the dog or cat
destroyed.
D) The officer having custody of any impounded dog or cat may, by
humane methods, summarily destroy said dog or cat if:
1. The dog or cat is suffering from any incurable, dangerous or
contagious disease, providing a licensed veterinarian shall
certify, in writing, that such dog or cat is so suffering;
or
2. It is an unlicensed vicious dog or cat.
E)
The Animal Control Officer may not sell, give away or otherwise
transfer title of any dog, cat or any other animal to any person,
or institution for use in the diagnosis or treatment of human or
animal disease or in research for the advancement of veterinary,
dental, medical or biological sciences or in the testing or
diagnosis, improvement or standardization of laboratory
specimens, biologic products, pharmaceuticals or drugs.
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6.04.140 FEES AND CHARGES
The fees, penalties, and charges are as set in section 6.04.010 of
this Title.
6.04.150 UNLAWFUL ACTS DESIGNATED
It is unlawful:
A) For the owner of any dog or cat to fail, neglect or refuse to
obtain a license for each dog as required in this chapter.
B) For an owner of any dog or cat to fail or neglect to keep
fastened to such dog or cat the tag as provided in this chapter.
The tag shall be attached at all times to a collar, harness or
other suitable device upon the dog or cat for which the license
tag was issued.
C)
For any person to interfere with, oppose or resist the Animal
Control Officer or other person charged with the enforcement of
this chapter, while the Animal Control Officer or such other
person or persons are engaged in the performance of their duties
under this Chapter.
-
D) For any person to attach any current license tag on any dog or
cat other than the dog or cat for which such license tag was
originally issued.
ORDINANCE NO. 1003 - PAGE ELEVEN
E)
F)
G)
-
-
For any person other than the owner to remove from any dog or cat
any tag which has been attached to such dog or cat pursuant to
the provisions of this chapter or for any person to counterfeit
or imitate any such tag or attach a counterfeit or imitation tag
to any dog or cat or to possess any such counterfeit tag.
For the owner or person in charge thereof of any vicious dog to
fail, neglect, or refuse to keep posted in a conspicuous place at
or near the entrance and around the premises on which said dog is
kept, a sign having letters at least two inches in width and
reading "BEWARE OF VICIOUS DOG". No vicious dog shall be
permitted to leave the premises of the owner or person in charge
thereof unless such dog is securely muzzled, leashed, and under
the control of a person eighteen (18) years of age or older and
who is physically capable of restraining said animal.
For any person to remove an impounded animal from an Animal
Control Center without the consent of the officer in charge
thereof.
H)
For the owner or person in charge of any dog, whether licensed or
unlicensed to permit such dog to roam, stray or run at large in,
or into any position within the city of Lake Elsinore.
For the owner or person having custody of any dog, cat, household
pet or any other animal to allow that animal to be a habitual
nuisance by reason of howling, barking, whining or other noise,
or is in any other manner undue annoyance, or has caused property
damage that shall constitute a public nuisance. Whenever it
shall be affirmed in writing by three (3) or more adult persons
living in separate dwelling units in the proximity of the
complaint and if the Animal Control Officer or his designee finds
such a public nuisance to exist, the Animal Control Officer or
his designee shall serve notice upon the owner or custodian that
the public nuisance shall be abated or the animal shall be
impounded in a legal manner or other legal action can be taken.
I)
J) For any person to abandon any animal without care on any public
or private property. Any animal abandoned may be impounded and
disposed of in a humane manner. At least 72 hours prior to the
impoundment of an animal believed to be abandoned, a notice shall
be posted on the property on which said animal is being kept.
Notice shall be given in person or by regular mail to the last
known address of the owner or person entitled to possession
thereof, that animal will be impounded if contact is not made
with the City within 72 hours. When it is found that a house is
vacant or condemned, the animal may be removed immediately and
held for 5 days. If, in the opinion of the Animal Control
Officer, immediate impoundment is necessary for the preservation
of the public health or safety, or the health and welfare of the
animal, said animal shall be impounded and held for 5 days,
pending contact of the owner or person having control of said
animal.
K)
For the owner or person in charge thereof of any sentry dog to
fail, neglect or refuse to keep posted in a conspicuous place at
or near the entrance to the premises on which said dog is kept, a
sign having letters at least two inches in width and reading
"SENTRY DOG ON DUTY". No sentry dog shall be permitted to leave
the premises of the owner or person in charge thereof unless such
dog is under the immediate control and physical restraint of such
owner or person.
ORDINANCB HO. 1003 - PAGB TWBLVB
6.04.160 TRANSPORTING OP ANIMALS
It is unlawful for any person to transport an animal in a motor
vehicle upon any street within the City of Lake Elsinore unless the
animal is fully enclosed within the vehicle or is protected by a belt,
2 way tether cage, container or any other device that will prevent the
animal from falling, jumping or being thrown from the motor vehicle.
6.04.170 ANIMALS UNATTENDED IN A MOTOR VBHICLB
A) It is unlawful for any person to leave an animal unattended in an
enclosed vehicle without adequate ventilation or in such a manner
as to subject the animal to extreme temperatures which will
adversely affect the animal's health or welfare. Animal may be
removed forthwith from said vehicle by an Animal Control Officer
and impounded in the City Animal Shelter or such other place as
said Animal Control Officer deems appropriate. Said Animal
Control Officer shall provide to the animal removed, such care as
might be necessary.
....
B) When an animal has been removed from a vehicle pursuant to this
chapter, the Animal Control Officer shall cause to be posted in a
conspicuous place in said vehicle a notice that shall state that
the animal has been removed from the vehicle pursuant to Lake
Elsinore Municipal Code section 6.04.170A, where the owner may
regain custody of it, and that the owner may be liable for
impound fees and costs.
Exceotions - This Chapter is not applicable to animals which are
in a peace officer's vehicle or an Animal Control vehicle while
such officers are engaged in their regularly assigned duties.
C)
6.04.180 USB OP STREETS. SIDEWALKS. PUBLIC PLACBS
It shall be unlawful for any person to display, sell, offer for sale,
barter or give away, upon any street sidewalk or other public place
within the City of Lake Elsinore as pets or novelties any fish,
turtle, snake, lizard, chameleon, bird, cat, dog, fowl, guinea pig,
rabbit, or other reptile or animal.
6.04.190 TRAPS AND CAGES
Humane traps that have been approved by the Animal Control Officer are
permitted to be used within the City of Lake Elsinore to be used to
confine animals running at large on the private property of persons.
A) A sign shall be posted on the property stating that such a trap
is in use.
B) Trapping shall not continue for more than ten (lO) days in a
thirty (30) day period, unless monitored by an Animal Control
Officer.
C) All animals trapped will be taken to the local shelter or picked
up by an Animal Control Officer.
....
D) If the situation is such that this may cause problems to the
person trapping, the Animal Control Officer may give permission
for trapping without a sign posted as long as the trapped animals
are turned over to an Animal Control Officer.
ORDINANCE NO. 1003 - PAGE THIRTEEN
6.04.200 CRIMES AGAINST ANIMALS
A)
B)
....
----
FELONY OR MISDEMEANOR. Every person who maliciously and
intentionally maims, mutilates, tortures, or wounds a living
animal or maliciously and intentionally kills an animal, is
guilty'of an offense punishable by imprisonment in the state
prison or by a fine of not more than twenty thousand dollars
($20,000) or by both the fine and imprisonment, or alternatively,
by imprisonment in the county jail for not more than one (1)
year, or by a fine of not more than twenty thousand dollars
($20,000) or by both the fine and imprisonment.
Every person who tortures, deprives of necessary sustenance,
drink, shelter, cruelly beats, mutilates or cruelly kills an
animal, or causes or procures any animal who has been tortured,
deprived of necessary sustenance, drink, shelter, and whoever,
having the charge or custody of any animal, either as owner or
otherwise, subjects any animal to needless suffering, or inflicts
unnecessary cruelty upon the animal, or in any manner abuses any
animal, or fails to provide the animal with proper food, drink,
or shelter or protection from the weather, is, for every such
offense, guilty of a crime punishable as a misdemeanor or as a
felony or alternatively punishable as a misdemeanor or a felony
and by a fine of not more than twenty thousand dollars ($20,000).
1)
Subdivision B applies to any mammal, bird, reptile,
amphibian and fish, if any person is charged with a
violation of subdivision B and the animal is a mammal, bird,
reptile, amphibian or fish that is an endangered, or
threatened species (governed under Fish and Game sections
2050 through 2098), the proceedings shall be subject to
section 12157 of the Fish and Game Code.
2) Subdivision B upon the conviction of a person charged with a
violation of this section by causing or permitting an act of
cruelty, all animals lawfully seized and impounded with
respect to the violation by a peace officer, officer of a
humane society, or the city, shall be adjudged by the court
to be forfeited and shall thereupon be awarded to the
impounding officer for proper disposition. A person
convicted of a violation of this section by causing or
permitting an act of cruelty, shall be liable to the
impounding agency for all cost of impoundment from the time
of seizure to the time of proper disposition.
6.04.210 ANIMAL SANITATION
A) Any area occupied by any animal is to be maintained in a sanitary
manner. Water is to be kept fresh and feces disposed of no less
than a weekly basis. Any extreme conditions would be considered
a cruelty and would be cited pursuant to 6.04.200.
B)
It shall be unlawful for the owner or person having custody of
any dog either willfully or through failure to exercise due care
or control to allow said dog to defecate and to allow the feces
thereafter to remain on any public or private property not owned
or possessed by the owner or the person who has custody, control,
or possession of the dog.
6.04.220 FEMALE DOGS AND CATS IN SEASON (ESTRUS)
Dog and Cat owners shall securely confine their female dogs and cats
while in season (estrus) within an enclosure in a manner that will
prevent the attraction of male dogs or male cats to the immediate
vicinity. Any person found in violation of this ordinance is guilty
of a misdemeanor.
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-
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ORDINANCE NO. 1003 - PAGE FOURTEBH
6.04.230 ISOLATION OF ANIMALS - RABIES PRECAUTION
A)
Whenever it is shown that any animal has bitten any person, the
owner or persons having the custody or possession thereof shall,
upon order of the Anim~...o. ntrol Officer, quarantine it and keep
it confined at the o~rSexpense for a period for ten (10) days
for cats and dogs, and fourteen (14) days for all other types of
animals; and shall allow the Animal Control Officer or his
representative to make an inspection or examination thereof any
1:-.!mE!, during such period. Animals quarantined must not be removed
C:fQ~~~he premises without permission of the Animal Control
Officer first obtained in writing. The Animal Control Officer
shall have the authority to impound any animal at the owner's
expense if the owner fails or refuses to confine said animal.
B)
If it is determined by the Animal Control Officer, after giving
the order of quarantine mentioned in this section, that the dog
is a vicious dog, although not afflicted with rabies, the Animal
Control Officer shall thereupon order the person who owns or has
the custody of the dog that until further order of the Animal
Control Officer shall direct to prevent it from biting or having
the opportunity of biting any person. Failure to do so on the
part of the owner or person having custody of the dog shall
constitute a violation of this chapter.
C)
The Animal Control Officer may, at his discretion, post or cause
to be posted an appropriate sign on any premises where a dog has
been quarantined pursuant to this chapter to warn the public of
the' fact. It is unlawful for any person to remove the sign
posted purs~"nt to this S!~c~_without permission of the Animal
contro~bfffIcer-'firstpb€lanep)in writing.
_.______~_...,...... '" '........_._~._,..--c~..,-
If it appears to the Animal Control Officer that a dog or other
animal has rabies, he may destroy such animal forthwith, or hold
the animal for further examination for such time as he may consider
advisable.
D)
E) Whenever any animal is bitten by another animal having rabies, or
shows any sYmptoms of rabies, the owner or person having possession
of the animal shall immediately notify the Animal Control Officer,
and confine the animal, and keep it confined until it is
established to the satisfaction of the Animal Control Officer that
it does not have rabies. The Animal Control Officer shall have the
power to quarantine any such animal or impound it at the owner's
expense if the owner or person having possession thereof fails to
confine such animal immediately, or in case the owner or person
having possession thereof is not readily accessible.
Whenever the Animal Control Officer determines that an epidemic of
rabies exists or is threatened, he/she 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 the Animal
Control Officer may determine and define, for a period of not more
than one hundred twenty (120) days. An additional or extended
quarantine period may also be declared if the same shall be deemed
necessary by the Animal Control 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 Animal
Control Officer may determine and declare.
F)
ORDINANCE NO. 1003 - PAGE FIFTEEN
G)
A)
-
-
The City of Lake Elsinore may enter into a written agreement or
agreements with any v~terinarian li~ensed by t~e ,state ,of
California, or any organ1zed humane soc1ety or assoc1at10n, Wh1Ch
will undertake to carry out the provisions of this chapter and
maintain and operate a pound and license, take up, impound and
dispose of animals. Any such veterinarian or society or
association which enters into an agreement shall carry out all the
provisions of this chapter in the manner herein prescribed.
6.04.240 VICIOUS OR UNSAFE DOGS
Vicious or Unsafe dogs. A person owning or having charge of a
vicious or unsafe dog shall confine it within a building or secure
enclosure except th~7 it may be permitted off the premises only
when securely muzzle)\d, leashed, and under the control of a person
18 years of age or older and who is physically capable of
restraining said animal.
B)
Abatement of Vicious or Unsafe Animals. within the City of Lake
Elsinore there are unconfined or uncontrolled vicious or unsafe
animals which constitute a public nuisance which should be abated.
The provisions of this chapter provide an administrative procedure
by which animals found to be a nuisance may be abated following a
hearing at which oral and documentary evidence is considered. This
chapter is intended to supplement rather than supplant any other
remedy available under state law.
Investigation. Any animal confined pursuant to section 6.04.240 A
of this title for biting a human being and any incident reported
either to the Sheriff's Department or the Animal Control Officer
concerning a vicious or unsafe animaL~s) shall be investigated by
the Sheriff or his designee or the Animal Control Officer. Based
on the investigation, if either the Sheriff's Department or the
Animal Control Officer have reasonable cause to believe that the
animal is vicious or unsafe, and there is need to abate the animal
as a vicious or unsafe animal, he shall so certify to the Animal
Control Agency in writing within 10 days following completion of
the investigation. A copy of the certification shall be mailed to
the person owning or contrOlling the animal.
C)
D)
Confinement of Vicious or Unsafe Animal. Whenever the Sheriff'S
Department or the Animal Control Officer or his designee has
reasonable cause to believe that an animal is vicious or unsafe and
that it constitutes an imminent threat to the health or safety~
persons, of animals or property of another and if the Officer after
reasonable investigation is unable to locate the owner, or if the
owner is unwilling or unable to take the necessary steps to confine
the animal in a manner ordered by the Officer, the Officer may
immediately seize and impound the animal. The animal shall be
returned to its owner only if the Officer is satisfied that the
owner will confine the animal as ordered. If the owner fails or
refuses to make such arrangements for the confinement of the
animal, the Sheriff's Department or the Animal Control Officer
shall issue an order directing the owner to appear at a designated
hearing, as provided pursuant to Section 6.04.240E, to show why
such animal shall not be declared a nuisance and to have said
nuisance abated and to prevent the nuisance and to perpetually
enjoin the person maintaining it, and the owner, lessee or agent of
the building, or place, in or upon which the animal exist, from
maintaining or permitting it.
E) Scheduled Hearing. A hearing date shall be set no later than
twenty-five (25) days from the date of certification of a vicious
ORDINANCB NO. 1003 - PAGB SIXTBBN
F)
-
or unsafe animal. The Animal Control Agency or Animal Control
Officer shall mail or otherwise deliver notice of the hearing to
the owner or person controlling the animal, the owner of the real
property in which the animal is kept, and may mail notice to the
interested persons.
Hearing. The hearing shall be held by Lake Elsinore Animal Friends
Animal Control Agency, as that Animal Control Agency designates
pursuant to the procedures set by California Food and Agriculture
Code section 31601 et seq. At the hearing, which may be continued
from time to time, both oral and documentary evidence may be taken
from any interested person and considered in determining whether
the animal is vicious. strict rules of evidence need not apply.
Any relevant evidence may be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely on in the
conduct of serious affairs. The decision of the Animal Control
Agency shall be supported by the weight of the evidence and shall
be final subject to Section 31621.
G)
Finding, Public Nuisance. If, based upon the hearing, the Animal
Control Agency finds that the animal is vicious or unsafe and
requires abatement, they shall so specify in writing together with
the reasons therefor. Any animal found to be vicious or unsafe and
subject to abatement is hereby~~emed a public nuisance and shall
be, pursuant to the order o(~e)Animal Control Agency, humanely
destroyed, or the nuisance otherwise abated by appropriate order
inCluding, but not limited to confinement, muzzling, fencing,
leashing. The owner of any vicious or unsafe animal that is not
required to be humanely destroyed may be required by the Animal
Control ~cy to have liability insurance or bond in appropriate
specified amounts fo~the specified time. Such insurance or bond
shall insure to the~benefit of persons who may be subsequently
injured or damaged DY said animal. The decision of the Animal
Control Agency shall be made within 20 days after the conclusion of
the hearing and shall be final. A copy of the decision shall be
sent by registered mail or otherwise delivered to the person owning
or controlling the animal and to the Animal Control Agency. The
decision of the Animal Control Agency shall be final for all
purposes subject to Section 31621.
H) Cost of Impoundment. If the Animal Control Agency finds the animal
is vicious or unsafe, and subject to abatement, the costs of
impoundment inclUding all cost of abatement shall be paid by the
owner of the real property or the person owning or controlling the
animal and shall become a lien against the real property upon which
the animal was kept and maintained until said assessment is paid.
If the Animal Control Agency finds that the animal is vicious or
unsafe)mt not subject to abatement, or if the order includes the
releas~of t,ne animal found to be vicious or unsafe to the owner ~Cf~
person c~~trolling it, the animal shall not be released until such
costs have been paid in full. If such costs have not been paid
within 14 days after the date of mailing or delivery of the order,
the Animal Control Agency may order the disposition of the animal
in any manner provided by law. No fees provided for by this
chapter shall be assessed if the animal is found not to be vicious
or unsafe.
I) Payment of Assessment. ~e assessment shall be due and payable
within 14 days after the date of mailing or delivery of the order.
If the assessment is not paid on or before said date, the total
amount thereof may be entered on the next fiscal year tax roll as
a lien against the property upon which the animal was maintained
and shall be subject to the same penalties as are provided for
other delinquent taxes or assessments of the City of Lake Elsinore,
or an action may be brought in the name of the City to recover the
costs of impoundment and/or abatement.
ORDINANCB NO. 1003 - PAGB SEVENTEEN
J)
vicious or Unsafe Animal License. An animal that has been deemed
vicious or unsafe will be required to obtain a vicious license from
the Animal Control Agency. The fees for a vicious license are
established in 6.04.010. Failure to renew a vicious license will
result in impoundment of the animal and a citation will be issued
as a misdemeanor.
6.04.250 KEEPING OF EXOTIC ANIMALS
It is hereby unlawful for any person, firm or corporation to have, keep
or harbor or possess any exotic animal, the possession which requires a
California Department of Fish and Game Welfare Permit, Game Breeder's
license, Scientific Collector's Permit, or a Letter Permit, within the
City, except for potbelly Pigs.
6.04.260 KEEPING OF EXOTIC ANIMALS-EXCEPTIONS
A) Any harbored, owned or possessed prior to the passing of this
ordinance shall be allowed to be kept as per signed agreement
between the owner/keeper and the Animal Control Agency.
B) An educational institution may, for an approved, temporary time,
have any animal contained with a scientific permit through the
Department of Fish and Game. Such a request shall be made, in
writing, to the Animal Control Agency, at least five (5) working
days prior to possession of such animal.
6.04.270 VIOLATION - PENALTY
-
Any person violating any of the prov1s1ons of this chapter shall be
guilty of an infraction and upon conviction thereof shall be punished by
fine{s) established by a resolution of the City Council.
6.04.280
CONSTITUTIONALITY - SEPARABILITY
c:Y"
If any section, subsection, sentence, cla~, phraSe(~~portion of this
Ordinance is for any reason held(::1:n@sl~or unconstitutional, such
decision shall not affect the validity of the remaining portion of the
Ordinance.
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on December 12, 1995, and passed on January 9,
1996, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
r,' ABSTAIN:
1\'1 ~
2)ill>.d
_VICKI---KA ;l'Jr'CITY CLERK
t'::ITY :OF L1~KS-ELSINORE
COUNCILMEMBERS:
NONE
f3EAL) _ "
SilO'E 'OJ? CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 1003 of said Council, and that the
same has not been amended or repealed.
DATED: January 11, 1996
0)0,,1," j
l ~ ~-~-,~~,
'~'",I~s\.;:),_ CITY CLERF:
C;ITY ~F L1~~ "E:LSINORE
t SE,AL)
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ORDINANCE NO. 1004
AN ORDINANCE OF THE CITY
OF LAKE ELSINORE ESTABLISHING
STORMWATER/URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS
ARTICLE I
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TITLE. PURPOSE AND GENERAL PROVISIONS
Section 1. Title. This ordinance shall be known as the City
of Lake Elsinore stormwater/Urban Runoff Management and Discharge
Controls Ordinance and may be so cited.
Section 2. PurDose and Intent. The purpose of this ordinance
is to ensure the future health, safety, and general welfare of City
citizens by:
A. Reducing pollutants in stormwater discharges to the maximum
extent practicable;
B. Regulating illegal connections and discharges to the storm
drain system; and
C. Regulating non-stormwater discharges to the storm drain
-
system.
The intent of this ordinance is to protect and enhance the water
quality of City watercourses, water bodies, ground water, and
wetlands in a manner pursuant to and consistent with the Federal
Clean Water Act (33 U.S.C. S 1342).
Section 3. Definitions. The terms as used in this ordinance
shall have the following meanings:
A. Best Management Practice (BMPs) shall mean any activities,
prohibitions, practices, procedures, programs, or other
measures designed to prevent or reduce the discharge of
pollutants directly or indirectly into waters of the United
states.
BMPs shall include, but are not limited to, those
measures specified in the California Stormwater Best
Management
Practice
Handbooks
for
Municipal,
Industrial/Commercial and Construction Activity and those
measures identified by the Director of Public Services.
B. City shall mean the City of Lake Elsinore.
C. Illegal Discharge shall mean any discharge to the storm drain
system that is not composed entirely of stormwater runoff
except discharges made pursuant to a National Pollutant
Ordinance No. 1004
-
D.
E.
-
F.
Discharge Elimination System (NPDES) permit or as otherwise
authorized by the Santa Ana, San Diego, or Colorado River
Basin Regional Water Quality Control Board.
Illegal Connection shall mean any physical connection to a
storm drain system which has not been permitted by the City of
Lake Elsinore, the Riverside County Flood Control and Water
Conservation District, or other appropriate public agency.
National Pollutant Discharge Elimination system (NPDES) Permit
shall mean a stormwater discharge permit issued by the Santa
Ana, San Diego, or Colorado River Basin Regional Water Quality
Control Board or the State Water Resources Control Board in
compliance with the Clean Water Act.
Municipal NPDES Permit shall mean an area-wide NPDES permit
issued to a government agency or agencies for the discharge of
stormwater from a stormwater system.
Non-Stormwater Discharge shall mean any discharge to the storm
drain system that is not entirely composed of stormwater.
Person shall mean any natural person, firm, association, club,
organization, corporation, partnership, business trust,
company or other entity which is recognized by law as the
SUbject of rights or duties.
Pollutant shall mean anything which causes the deterioration
of water quality such that it impairs subsequent and/or
competing uses of the water. Pollutants may include but are
not limited to paints, oil and other automotive fluids, soil,
rubbish, trash, garbage, debris, refuse, waste, fecal
coliform, fecal streptococcus, enterococcus, heavy metals,
hazardous waste, chemicals, fresh concrete, yard waste from
commercial landscaping operations, animal waste, materials
that result from the process of constructing a building or
structure, nauseous or offensive matter of any kind.
Premises shall mean any building, lot, parcel of land, land or
portion of land whether improved or unimproved.
G.
H.
I.
J.
2
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Ordinance No. 1004
K.
storm Drain System shall mean any facility within the
incorporated areas of the City by which stormwater may be
conveyed to waters of the United states. storm drain system
includes but is not limited to any roads with drainage
systems, streets, curbs, gutters, catch basins, natural and
artificial channels, ditches, aqueducts, storm drains, inlets,
conduit or other drainage structure.
Stormwater Runoff shall mean surface runoff and drainage
associated with rain storm events and snow melt.
M. Director of Public Services shall mean the Director of the
City of Lake Elsinore's Public Services Department.
section 4. Responsibility for Administration. This ordinance
shall be administered for the City by the Director of Public
L.
services or his designee.
section 5. Regulatorv Consistency. This ordi.nance shall be
construed to assure consistency with the requirements of the Clean
Water Act and acts amendatory thereof or supplementary thereto,
applicable implementing regulations, and any existing or future
municipal NPDES Permits and any amendments or revisions thereto or
reissuance thereof.
section 6. Severability. If any provision, clause, sentence,
or paragraph of this ordinance or the application thereof to any
person, establishment, or circumstances shall be held invalid, such
invalidity shall not affect the other provisions or application of
this ordinance which can be given effect without the invalid
provision or application, and to this end, the provisions of this
ordinance are hereby declared to be severable.
ARTICLE II
MANAGEMENT AND DISCHARGE REGULATIONS AND REQUIREMENTS
section 1. Reduction of Pollutants in Stormwater.
General. It is a violation of this ordinance to throw,
deposit, leave, maintain, keep, or permit to be thrown,
deposited, placed, left or maintained, any pollutant in or
A.
3
ordinance No.
-
A.
-
-
B.
ARTICLE II
MANAGEMENT AND DISCHARGE REGULATIONS AND REQUIREMENTS
Section 1. Reduction of pollutants in stormwater.
General. It is a violation of this ordinance to throw,
deposit, leave, maintain, keep, or permit to be thrown,
deposited, placed, left or maintained, any pollutant in or
upon any street, alley, sidewalk, storm drain, inlet, catch
basin, conduit or other drainage structures, business place,
or upon any public or private plot of land in the city. The
only exception being where such pollutant is temporarily
placed in an appropriate container with a spill containment
system for later collection and removal. It is a violation of
this ordinance to cause or permit any dumpster, solid waste
bin, or similar container to leak such that any pollutant is
discharged into any street, alley, sidewalk, storm drain,
inlet, catch basin, conduit or other drainage structures,
business place, or upon any public or private plot of land in
the city.
Construction sites. Any person performing construction work
in the City shall comply with the provisions of this
ordinance, and Lake Elsinore Municipal Code (L.E.M.C) 15.72,
16.60 and ORD. 882 for erosion and sediment control.
New Development and Redevelopment. New development or
redevelopment projects shall control stormwater runoff so as
to prevent any deterioration of water quality that would
impair subsequent or competing uses of the water. The
Director of Public Services shall identify the BMPs that may
be implemented to prevent such deterioration and shall
identify the manner of implementation. The BMPs may, among
other things, require new developments or redevelopments to do
any of the following:
C.
4
Ordinance No. 1004
1.
Increase Permeable Areas, by leaving highly porous soil
and low lying areas undisturbed; by incorporating
landscaping and open space into the project design; by
using porous materials for or near driveways and
walkways; and by incorporating detention ponds and
infiltration pits into the project design.
2.
Direct Runoff to Permeable Areas, by orienting it away
from impermeable areas to swales, berms, green strip
-
Page 4a.
-
Ordinance No. 1004
3.
filters, gravel beds, and french drains; by installing
rain-gutters oriented towards permeable areas; by
modifying the grade of the property to divert flow to
permeable areas and minimize the amount of stormwater
runoff leaving the property; and by designing curbs,
berms or other structures such that they do not isolate
permeable or landscaped areas.
Maximize stormwater storage for Reuse, by using retention
structures, subsurface areas, cisterns, or other
structures to store stormwater runoff for reuse or slow
release.
-
-
Existing Development. Existing development shall control
stormwater runoff so as to prevent any deterioration of water
quality that would impair subsequent or competing uses of the
water. The Director of Public Services shall identify the
BMPs that may be implemented to prevent such deterioration and
shall identify the manner of implementation.
section 2. Illeaal connections/Discharaes. It is a violation
of this ordinance to establish, use, maintain, or continue illegal
connections to the storm drain system, or to commence or continue
any illegal discharges to the storm drain system. This prohibition
against illegal connections and discharges is expressly retroactive
and applies to connections and discharges made in the past,
regardless of whether permissible under the law or practices
applicable or prevailing at the time of the connection or
discharge.
section 3. Non-Stormwater Discharaes.
stormwater into the storm drain system is
ordinance except as specified below.
A. The discharge prohibition shall not apply to any discharge
regulated under a NPDES Permit or waiver issued to the
discharger and administered by the State of California under
the authority of the EPA, provided that the discharger is in
The discharge of non-
a violation of this
D.
-
5
Ordinance No. 1004
B.
-
-
A.
full compliance with all requirements of the permit or waiver
and other applicable laws or regulations.
Discharges from the following activities will not be
considered a violation of this ordinance when properly
managed: water line flushing and other discharges from potable
water sources, landscape irrigation and lawn watering,
irrigation water, diverted stream flows, rising ground waters,
infiltration to separate storm drains, uncontaminated pumped
ground water, foundation and footing drains, water from crawl
space pumps, air conditioning condensation, springs,
individual residential car washing, flows from riparian
habitats and wetlands, swimming pool discharges or flows from
fire fighting.
section 4. Discharges in violation of Permit.
Municipal NPDES Permit. Any discharge that would result in or
contribute to a violation of an existing or future Municipal
NPDES Permit(s) or any amendment or revision thereto or
reissuance thereof, either separately considered or when
combined with other discharges, is a violation of this
ordinance and is prohibited. Liability for any such discharge
shall be the responsibility of the person(s) causing or
responsible for the discharge, and such persons shall defend,
indemnify and hold harmless the City in any administrative or
judicial enforcement action relating to such discharge.
NPDES Permit for Industrial/Commercial and Construction
Activity. Any industrial discharger, discharger associated
with construction activity, or other discharger subject to any
NPDES permit issued by the United states Environmental
Protection Agency, the state Water Resources Control Board,
the Santa Ana Regional Water Quality Control Board, the San
Diego Regional Water Quality Control Board or the Colorado
River Basin Regional Water Quality Control Board, shall comply
with all requirements of such permit. Such dischargers shall
B.
6
ordinance No. 1004
specifically comply with the following permits: the Industrial
stormwater General Permit,
the Construction Activity
stormwater General Permit, and the Dewatering General Permit.
Proof of compliance with said NPDES General Permits may be
required in a form acceptable to the Director prior to
issuance of any city grading, building, or occupancy permits.
ARTICLE III
ENFORCEMENT
Any person in violation of this ordinance is subj ect to the
procedures and penalties set forth in L.E.M.C. 1.16. In addition,
to the extent that the City makes any provision of this ordinance
or identified BMP a condition of approval to the issuance of a
permit, any person in violation of such condition is subject to the
permit revocation procedures set forth in the ordinance governing
permit issuance.
ARTICLE IV
EFFECTIVE DATE OF ORDINANCE
-
This ordinance shall take effect 30 days after its adoption by
the city council.
INTRODUCED AND PASSED UPON FIRST READING this 26th day of
september, 1995, upon the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALONGI, BENDER, BRINLEY, PAPE
NONE
WASHBURN
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th
day of October, 1995, upon the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NONE
NONE 1'\
NON !
-..
:rEST:
(it~o~ZJ
VICKI KASA , CITY CLERK
.J\PPROVED AS TO FORM:
(.
7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on September 26, 1995, and passed on October 10,
1995, by the following roll call vote:
AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE,
WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
(SEAT.. )
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 1004 of said council, and that the
same has not been amended or repealed.
October 16, 1995
( SEAL)
-
ORDINANCE NO. 1005 .
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING .50 ACRES U)CATED AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF
RIVERSIDE DRIVE AND LAKESHORE DRIVE APN 379-
211-001, 002, 003, 004, AND 005, FROM
COMMERCIAL PARK (C-P) TO GENERAL COMMERCIAL
(C-2), ZONE CHANGE 95-2: RON SATTER, AM/PM
MINI-MART.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE:
ZONING RECLASSIFICATION
The Zoning Map
hereby amended by
following described
of the City of Lake Elsinore, California, is
changing, reclassifying, and rezoning the
property, to wit:
Assessor's Parcel Numbers 379-211-001,-002, -003, -004,
and -005.
-
from Commercial Park (C-P) to General Commercial (C-2) on .50
acres, as illustrated in Exhibit "A" attached hereto, and said real
property shall hereafter be subject to the provisions and
regulations of the Zoning Ordinance relating to property located
wi thin such C-2 Zoning District. Approval is based on the
following:
1. The proposed Zone Change is consistent with the Goals,
policies and Objectives of the General Plan.
2. No environmental impacts are anticipated as a result of
this Zone Change.
SECTION TWO:
This Ordinance shall become effective as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 14th day
of November, 1995, upon the following roll call vote:
AYES: COUNCILMEMBERS:
BRINLEY, PAPE, WASHBURN
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
ALONGI, BENDER
ABSTAIN: COUNCILMEMBERS:
NONE
PAGE TWO
ORDINANCE NO. 1005
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day
of November, 1995, upon the following roll call vote:
AYES: COUNC I LMEMBERS : ALONGI, BRINLEY, P APE, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCI LMEMBERS : BENDER
ABSTAIN: COUNCILMEMBERS: NONE
~
ry M. Washburn, Mayor
ity of Lake Elsinore
ATTEST:
--
Clerk
(SEAL) .
APPROVED AS TO FORM AND LEGALITY:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE
ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read
by title only for adoption on November 14, 1995, and passed on
November 28, 1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, PAPE,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: BENDER
ABSTAIN: COUNCILMEMBERS: NONE
~~~TY CLERK
CITY OF LAKE ELSINORE
(SEAL)
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 1005 of said Council, and that
the same has not been amended or repealed.
DATED:
November 30, 1995
0~U
VICKI KAS~D, CITY CLERK
CITY OF LAKE ELSINORE
( SEAL)
ORDINANCE NO. 1006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE LEVYING
SPECIAL TAXES WITHIN CITY OF LAKE ELSINORE COMMUNITY FACILmES DISTRICT
NO. 95-1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS)
City of Lake Elsinore
Community Facilities District No. 95-1
(Lake Elsinore City Center Public Improvements)
WHEREAS, on October 10, 1995, this City Council adopted a resolution entitled "A
Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy
of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution
of Intention") stating its intention to establish the City of Lake Elsinore Community Facilities
District No. 95-1 (Lake Elsinore City Center Public Improvements) (the "District") pursuant to
Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California
Government Code (the "Act"), to finance certain facilities (the "Facilities");
WHEREAS, notice was published as required by the Act relative to the intention of this
City Council to form the District and to provide for the Facilities;
WHEREAS, this City Council has held a noticed public hearing as required by Act
relative to the determination to proceed with the formation of the District and the rate and
method of apportionment of the special tax to be levied within the District to finance a portion
of the costs of the Facilities;
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to
the formation of the District and the levy of said special taxes were heard, substantial evidence
was presented and considered by this City Council and a full and fair hearing was held;
WHEREAS, subsequent to said hearing, this City Council adopted resQlutions entitled
"A Resolution of the City Council of the City of Lake Elsinore of Formation of City of Lake
Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public
Improvements), Authorizing the Levy of a Special Tax Within the District and Preliminarily
Establishing an Appropriations Limit for the District" (the "Resolution of Formation"), "A
Resolution of the City Council of the City of Lake Elsinore Determining the Necessity to Incur
_ Bonded Indebtedness Within City of Lake Elsinore Community Facilities District No. 95-1
(Lake Elsinore City Center Public Improvements)" and "A Resolution of the City Council of the
City of Lake Elsinore Calling Special Election", which resolutions established the District,
authorized the levy of a special tax with the District, and called an election within the District
on the proposition of incurring indebtedness, levying a special tax, and establishing an
appropriations limit within the District, respectively; and
WHEREAS, an election was held within the District in which the eligible landowner
electors approved said propositions by more than the two-thirds vote required by the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
ORDAINS as follows:
Section 1. By the passage of this Ordinance this City Council hereby authorizes and
levies special taxes within the District pursuant to California Government Code Sections 53328
and 53340, at the rate and in accordance with the method of apportionment set forth in Exhibit
A to the Resolution of Formation (the "Rate and Method of Apportionment"). The special taxes
are hereby levied commencing in fiscal year 1995-96 and in each fiscal year thereafter until
payment in full of any bonds of the City issued for the District (the "Bonds") and all costs of
administering the District.
Section 2. The Administrative Services Director of the City is hereby authorized and
directed each fiscal year to determine the specific special tax rate and amount to be levied for
the next ensuing fiscal year for each parcel of real property within the District, in the manner
and as provided in the Rate and Method of Apportionment.
Section 3. Properties or entities of the State, federal or local governments shall be
exempt from any levy of the special taxes, to the extent set forth in the Rate and Method of
Apportionment. In no event shall the special taxes be levied on any parcel within the District in
excess of the maximum tax specified in the Rate and Method of Apportionment.
Section 4. All of the collections of the special tax shall be used as provided for in the
Act, the Rate and Method of Apportionment, and in the Resolution of Formation including, but
not limited to, the payment of principal and interest on the Bonds, the replenishment of the
reserve fund for the Bonds, the payment of the costs of the City in administering the District
and the costs of collecting and administering the special tax.
Section 5. The special taxes shall be collected from time to time as necessary to meet the
financial obligations of the District on the secured real property tax roll in the same manner as
ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority,
and be subject to the same penalties and the same procedure and sale in cases of delinquency
as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act
shall apply to delinquent special tax payments. The City Administrative Services Director is
hereby authorized and directed to provide all necessary information to the auditor/tax
collector of the County of Riverside and to otherwise take all actions necessary in order to effect
proper billing and collection of the special tax, so that the special tax shall be levied and
collected in sufficient amounts and at the times necessary to satisfy the financial obligations of
the District in each fiscal year until the Bonds are paid in full and provision has been made for
payment of all of the administrative costs of the District.
Notwithstanding the foregoing, the Administrative Services Director of the City may
collect one or more installments of the special taxes by means of direct billing by the City of the
property owners within the District, if, in the judgment of the Administrative Services Director,
such means of collection will reduce the administrative burden on the City in administering the
District or is otherwise appropriate in the circumstances. In such event, the special taxes shall
become delinquent if not paid when due as set forth in any such respective billing to the
property owners.
Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the
special tax is found inapplicable to any particular parcel within the District, by a Court of
competent jurisdiction, the balance of this ordinance and the application of the special tax to
the remaining parcels within the District shall not be affected.
Section 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same
to be published within fifteen (15) days after its passage at least once in a newspaper of general
circulation published and circulated in the City.
INTRODUCED AND APPROVED UPON 1ST READING this 14th day of
November. , 1995, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
NONE
--
ABSENT:
COUNCILMEMBERS:
ALONGI, BENDER
NONE
ABSTAIN:
COUNCILMEMBERS:
PASSED, APPROVED AND ADOPTED UPON 2ND READING this 28th day
of November. , 1995, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
ALONGI
ABSENT:
COUNCILMEMBERS:
BENDER
ABSTAIN:
COUNCILMEMBERS:
NONE
AT'(ST:
2L1LW
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO LEGAL FORM:
~
TTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE
ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read
by title only for adoption on November 14, 1995, and passed on
November 28, 1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS: ALONGI
ABSENT:
COUNCILMEMBERS: BENDER
ABSTAIN: COUNCILMEMBERS: NONE
~A~y CLERK
CITY OF LAKE ELSINORE
(SEAL)
--
STATE OF .CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 1006 of said Council, and that
the same has not been amended or repealed.
DATED:
November 30, 1995
i&u
VICKI KASAb, CITY CLERK
CITY OF LAKE ELSINORE
( SEAL)
ORDINANCE NO. 1007
-
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REPEALING ORDINANCE NO. 944,
AND ADOPTING BY REFERENCE THE FOLLOWING CODE
WITH CERTAIN AMENDMENTS, DELETIONS AND
ADDITIONS THERETO: UNIFORM BUILDING CODE,
1994 EDITION; UNIFORM HOUSING CODE, 1994
EDITION; UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDING, 1994 EDITION; UNIFORM
PLUMBING CODE, 1994 EDITION; UNIFORM MECHANICAL
CODE, 1994 EDITION; UNIFORM FIRE CODE, 1994
EDITION; NATIONAL ELECTRICAL CODE, 1993
EDITION; UNIFORM SWIMMING POOL, SPA AND HOT
TUB CODE, 1994 EDITION.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
1. That pursuant to provisions of Health and Safety Code
Section 17958.5 it is determined that the amendment to the
Uniform
Codes in this ordinance are reasonably necessary because of local
climatic, geological, topographical or other condition.
Therefore, the City Council of the City of Lake Elsinore does
ordain as follows:
SECTION ONE:
-
Ordinance Number 994 IS HEREBY REPEALED
SECTION TWO:
The following listed codes with amendments, additions and
deletions thereto are adopted by reference:
Uniform Building Code, 1994 Editions, including
appendix chapters 7,11,31,18,15 33 and Exhibit "A"
attached thereto.
Uniform Housing Code, 1994 Edition including Exhibit
"A" attached thereto.
Uniform Code for the Abatement of Dangerous Building,
1994 Edition including Exhibit "A" attached thereto.
Uniform Plumbing Code, 1994 Edition including Appendix
A through D, Exhibit "A" attached thereto.
Uniform Fire Code, 1994 Edition including Exhibit "A"
attached thereto.
National Electrical Code, 1993 Edition including
Uniform Administrative Code provisions and Exhibit "A"
attached thereto.
Uniform Swimming Pool, Spa and Hot Tub Code, 1994
Edition including Exhibit "A" attached thereto.
Uniform Mechanical Code, 1994 Edition including Exhibit
"A" attached thereto.
ORDINANCE NO. 1007
PAGE TWO
SECTION THREE:
Copies of the codes referred to herein above, with all
amendments deletions and additions thereto, are on file with
the City Clerk and are open to public inspection.
-
SECTION FOUR:
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 14 th day of
November, 1995, upon the following roll call vote:
AYES: COUNCILMEMBERS:
BRINLEY, PAPE, WASHBURN
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
ALONGI, BENDER
ABSTENTIONS: COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED this 28 th day of November
1995, upon the following vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BENDER
-
ABSTENTIONS: COUNCILMEMBER: NONE
ATTEST:
i~~
VICKI K~.S.t.U), CITY CLERK
ITY ATTORNEY
UNIFORM BUILDING CODE
1994 AMENDMENTS
SECTION 103 is amended by adding the following paragraph at the
end of said section to read as follows:
-
Any person, firm, or corporation violating any of the
provisions or failing to comply with any of the mandatory
requirements of the ordinances of Lake Elsinore shall be
guil ty of a misdemeanor. Any person convicted of a
misdemeanor under the ordinances of Lake Elsinore shall be
punished by a fine of not more than one thousand dollars, or
by imprisonment not to exceed six months, or by both such
fine and imprisonment. Each such person shall be guilty of
separate offense for each and every day during any portion
of which any violation of any provision of the ordinances of
Lake Elsinore is committed, continued, or permitted by any
such person, and shall be punished accordingly.
SECTION 107.2 the first sentence is amended to read as follows:
The fees for each permit shall be as set pursuant to Chapter
3.32 of the Lake Elsinore Municipal Code.
SECTION 107.3 the last sentence of first paragraph is amended to
read as follows:
Said plan review free shall be 75 percent of the building
permi t fee as set pursuant to Chapter 3.32 of the lake
Elsinore Municipal Code.
SECTION 3310.1 the second sentence is amended to read as follows:
-
Fees set pursuant to Chapter 3.32 of the Lake Elsinore
Municipal Code.
SECTION 3310.3 the first sentence is amended to read as follows:
A fee for each grading permit shall be as set pursuant to
Chapter 3.32 of the Lake Elsinore Municipal Code.
SECTION 3314.1 is amended by adding the following paragraph at
the end of said section, to read as follows:
When two or more lots are graded and cut or fill slopes
occur adjacent to the lot line the top line of the slopes
shall be located at the lot line. The toes of all slopes
shall be setback a minimum of two feet from the property
line or public right-of-way.
SECTION 3316 temporary erosion control is added to read as
follows:
A. Section 1716 Plans. Separate plans for temporary
drainage and erosion control measures to be used during
the rainy season shall be submitted prior to October 1.
The control devices shown on said plans shall be
installed no later than October IS, and maintained in
operable condition until April 15. These plans shall
provide the following:
1. Temporary soil stabilization measures shall be
installed on graded slopes exceeding a three-to-
one ration and/or 10 feet in height.
Unifor.m Building Code
1994 Amendments
Page 2
2.
Desilting facility shall be provided at all
drainage outlets from the graded site, designed
for the 25 year, 6 hour storm intensity. They
must be detailed on the plans. Design and
specific recommendations shall be submitted for
the following:
-
(a) Desilting basin volume based on gradient and
nature of soils.
(b)
The extent of all graded areas
identification of any temporary
stabilization measures.
and
soil
(c) Size of desilting basin outlet pipe and
over-flow.
(d) Dike requirements. Minimum wall width,
slope of walls, percent of compaction, etc.
3. The following notes shall be placed on the plans:
(a) in case of emergency, call
(responsible person)
at
(24 hour number)
-
(b) The undersigned civil engineer will
supervise erosion control and certify that
work is in accordance with the approved
plans.
(signature, reg. * expiration date)
(name-printed) (dated)
4. Indicate on the plan which streets will be paved
and which drainage devices will be completed by
October 15.
5. Placement of devices to reduce erosion damage
within the tract is left to the discretion of the
engineer. These devices, if any, must be shown
on the plan because their presence will affect
the required capacity of the desilting basin.
6. Outlet conditions from the desilting basin shall
not exceed downstream limitations, with the
exception of overflow which is to be designed to
provide capacity of 1.5 times the maximum design
flow.
B. Temporary Erosion Control Measures
1. The permittee shall keep a standby crew for
emergency work, available at all times d~ring the
rainy season. Necessary materials shall be
available on-site and stockpiled at convenient
locations to facilitate rapid construction of
temporary devices or to repair any damaged
erosion control measures when rain is imminent.
Unifor.m Building Code
1994 Amendments
Page 3
2. Devices shall not be moved or modified without
the approval of the Building Official or, in an
emergency by the person responsible for grading
operations.
-
3. All removable protective devices shown shall be
in place at the end of each working day when the
five=day rain probability forecast exceeds 40
percent. Forecasts shall be received from
broadcasts provided by the United States Weather
Service.
4. After a rainstorm, all silt and debris shall be
removed from check berms and desilting basins and
the basins pumped dry. Any graded slope surface
protection measures damaged during a rainstorm
shall also be immediately repaired. Failure to
provide effective maintenance may result in
penalties as provided per Section 205.
5. Fill slopes at the tract perimeter must drain
away from the top of the slope at the conclusion
of each working day.
6.
At least
whenever
eighteen
required
Official.
one guard shall be posted on the site
the depth of water in any device exceeds
inches. Additional guards may be
as deemed necessary by the Building
-
7. After a rainstorm, all silt and debris shall be
removed from public drains and pipes, and from
drains and pipes of adjacent properties.
C. Subsequent Rainey Seasons. For proj ects extending into
subsequent rainy seasons, for temporary drainage and
erosion control plans shall be submitted. These plans
shall comply with all requirements in Section 1716 (A)
and (B).
UNIFORM HOUSING CODE 1994 AMENDMENTS
SECTION 202 is amended to read as follows:
All building or portions thereof which are determined to be
substandard as defined in this code are hereby declared to
be public nuisances and shall be abated by repair,
rehabilitation, demolition or removal in accordance with the
procedure specified in Chapter 17 of this Code.
-
SECTION 204 is amended by adding the following paragraph at the
end of said section to read as follows:
Any person violating any of the provisions or failing to
comply with any of the mandatory requirements of the
ordinances of Lake Elsinore shall be guilty of a
misdemeanor. Any person convicted of a misdemeanor under
the ordinance of Lake Elsinore shall be punished by a fine
of not more than one-thousand dollars, or by imprisonment
not to exceed six months, or by both such fine and
imprisonment. 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 the ordinance of
Lake Elsinore is committed, continued, or permitted by any
such person and shall be punished accordingly
CHAPTER 11 IS DELETED
CHAPTER 12 IS DELETED
CHAPTER 13 IS DELETED
CHAPTER 14 IS DELETED
CHAPTER 15 IS DELETED
CHAPTER 16 IS DELETED
CHAPTER 17 - Abatement of substandard and unsafe buildings.
Chapter 17 is added to read as follows:
-
CHAPTER 17
ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS
SECTION 1701: STATEMENT OF INTENT - Upon finding any building to
be in this category, the Building Official shall notify the owner
of record as indicated on the Riverside County Tax Assessors
Records, of the intent of the City in condemning the building,
also advising the owner, that a Preliminary Title Report has been
ordered to determine who the concerned parties are, the cost of
which will be assessed against the property owner. If the owner
does not respond within 15 days from receipt of this statement,
the Building Official shall proceed to the next step.
SECTION 1702: FIRST NOTICE The Building Official, upon
determining that a building or structure is unsafe or substandard
shall give a written notice of defects to all parties concerned
in the manner hereinafter stated. The notice shall specify the
conditions which render the building or structure unsafe or
substandard. The notice shall require the owner to obtain all
necessary permits from the Department of Building and Safety and
to correct or abate the unsafe or substandard conditions, either
by repair, demolition or removal within 30 days after the date of
notice. If a building is encumbered by a mortgage or deed of
trust of record, and the owner of the building shall not have
complied with the order on or before the expiration of 30 days
after the mailing and posting of the notice, the mortgagee or
beneficiary under the deed of trust may, within 15 days after the
expiration of the 30 day period, comply with the requirements of
the notice.
SECTION 1703: MANNER OF GIVING NOTICE - The Building Official
shall post a copy of the notice of defects in a plainly visible
place on the building or structure and he shall send a copy, by
registered or certified mail, postage prepaid, return receipt
Unifor.m Housing Code
1994 Amendments
Page 2
-
requested, to the owner of the land on which the building or
structure is located, as such person's name and address appears
on the last County equalized assessment roll, and to each
mortgage or beneficiary under any deed of trust, that is of
record; to the holder of any lease that is of record, and to the
record holder of any other estate or interest in the building or
structure or the land upon which such building or structure is
located, at the last known address of such interest holders.
-
SECTION 1704: ORDER TO VACATE - Whenever, in the opinion of the
Building Official, extreme and imminent hazard exists, he shall
given written notice ordering the occupants of any such building
to immediately vacate and, in the event compliance with the order
is not voluntarily and promptly obtained, he shall request the
law enforcement agency having jurisdiction to effect such a
vacation or forthwith take such action at law as is required to
cause the premises to be vacated. A copy of the order to vacate,
which shall include the reasons for the order, shall be posted
on the building and mailed to all concerned parties and filed in
the Building Department files in the same manner as the notice of
defects. Upon giving such order to vacate, the Building Official
shall cause to be posted at each entrance to the building a
notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY -
DEPARTMENT OF BUILDING AND SAFETY - CITY OF LAKE ELSINORE, such
notices shall remain posted until the required repair, demolition
or removal are completed. Such notice shall not be removed
without written permission of the Building Director and no person
shall enter the building except for the purpose of making the
required repairs or the demolition of the building, without the
written permission of the Building Official.
SECTION 1705: NOTICE OF ADMINISTRATIVE PROCEEDING - Whenever
the first notice of defects has been given, the Building Official
shall record in the office of the County Recorder of Riverside
County, a notice that an administrative proceeding has been
commenced for the abatement of a public nuisance, describing the
real property affected and stating that the costs incurred
therein may become a lien on said property, and directing inquiry
for further details to his office, giving the address thereof.
SECTION 1706: APPEAL - Any person entitled to service under this
ordinance may appeal the proceedings by filing a written appeal
on a form furnished by the Building Official within 30 days of
receipt of the first notice. Failure to do so constitutes a
waiver of the owners right to a hearing and adjudication of the
notice or any portion thereof.
(1) Upon receipt of any appeal the Building Official shall set
a hearing date to be not less than 10 days or more than 60
days from the date the appeal was received.
(2) The Building Official upon setting the hearing date of the
Appeals Board, shall notify the appellantjs at the address
shown on the Appeal, of the date, time and place the hearing
will be held. This notification shall be given not less
than 10 days prior to the hearing date.
(3) Except for Orders to vacate made pursuant to Section 2(e) of
the Ordinance, enforcement of any notice issued under this
ordinance shall be stayed pending the outcome of any appeal
properly and timely filed.
SECTION 1707: HEARING - At the time fixed in the notice, the
Board of Appeals shall proceed to hear the testimony of the
Building Official, and the owner of the building or structure or
his
Uniform Housing Code
1994 Amendments
Page 3
-
representative if present at said hearing, and other concerned
parties who may desire to testify, regarding the condition of the
building or structure, the estimated cost of reconstruction,
repair or removal, and any other relevant matter. Upon the
conclusion of the hearing, the Board shall make it's decision
and, in the event that it so concludes, it may declare the
building or structure to be a nuisance and direct the owner to
abate the same by having the building or structure properly
reconstructed or repaired, or by having it razed or removed, and
further notifying the owner that if said nuisance is not abated
within 30 days after posting and mailing of the Board's decision,
the building or structure will be razed or removed by the City of
Lake Elsinore and the expense thereof shall be a lien on the lot
or parcel of land upon which the building or structure is
located, or make a personal obligation of the property owner.
(1) At any time within ten days after the Board's decision
directing the abatement of a nuisance, the Building Official
shall post a copy of the Board's decision on the building or
structure and mail copies thereof to all parties concerned
in the same manner as the first notice, and he shall file an
affidavit thereof to all parties concerned in the same
manner as the first notice and he shall file an affidavit
thereof in the Building Department files, the Board may
grant any extension of time to abate said nuisance that it
may deem justifiable upon good cause being shown.
-
SECTION 1708: TIME TO BRING ACTION - Unless the owner or holder
of an interest of record brings an action in a court of competent
jurisdiction within 30 days after the date of mailing and posting
on said premises of the notice of the decision of the Board,
contesting the validity of any proceedings leading up to and
including the decision of the Board, all objections to the
proceedings and decision will be deemed to have been waived.
SECTION 1709: SECOND NOTICE - If the order of the Building
Official in the first notice is not complied with within 45 days
after giving notice and no appeal has been filed the Building
Official shall give a second notice to all parties concerned by
posting and mailing in the same manner as the first notice. The
second notice shall be entitled "Notice to Abate Nuisance" the
notice shall direct the owner of the building or structure to
effect all necessary abatement within 30 days from receipt of the
second notice or show cause why such building or structure should
not be condemned as a nuisance and abated as wherein provided.
The failure of the owner or any other person to receive such
notice shall not affect in any manner the validity of any
proceeding taken hereunder.
SECTION 1710: JURISDICTION TO ABATE - Thirty days after the
mailing and posting of the Board of Appeals decision or the
second notice, the City shall have jurisdiction to abate such
nuisance by razing or removing the building or structure. In the
event that the nuisance is not abated within the prescribed time,
the City may thereupon raze and remove the building or structure
as herein after described under it's direction and supervision.
SECTION 1711: METHOD OF ABATEMENT - Abatement of all buildings
or structures under the direction and supervision of the City
pursuant to the provisions of this ordinance shall be done in the
following manner:
Uniform Housing Code
1994 Amendments
Page 4
-
(1) If in the event the nuisance can be abated by repair or
rehabilitation, the Building Official may employ such
architectural or engineering assistance on a contract
basis as he may deem reasonably necessary to prepare
plans and specifications to facilitate said repair or
rehabilitation.
(2) Actual work to be done whether it be repair and
rehabili tation or demolition and removal, shall be
accomplished by private contract. A minimum of three
(3) bids shall be received from reputable licensed
contractors prior to contracting for work to be done.
SECTION 1712: COST RECOVERY - Repair or demolition cost recovery
shall be accomplished in the following manner:
(A) Statement of Expense. The Building Official shall keep
a complete and accurate account of all costs incurred
in the performance of any work pursuant to the
provision of this ordinance.
A verified statement of expense showing the gross and
net expense of the work performed and all other costs
shall be given to the City Clerk who shall schedule it
for City Council consideration to set a hearing date.
The date, time, place, and purpose of the hearing shall
be published once in a local newspaper. A copy of the
statement and notice shall be accomplished in the same
manner as is prescribed for the first notice.
-
(B) Hearing on Statement of Expense. At the time fixed for
the hearing on the statement of expense the City
Council shall consider the statement, together with any
obj ections or protests which may be raised by the
property owner or other concerned parties. The Council
may make any such revision, correction or modification
in the statement as it may deem just, and thereafter
shall render it's decision on the statement. The
Council's decision on the statement and all protests
and obj ection which may be made shall be final and
conclusive.
( C)
Method of Payment for
determined by the City
decision rendered in the
expense.
Cost Recovery. Shall be
Council as a part of the
hearing of the statement of
(1) The Council may make the charges a personal
obligation of the property owner and direct the
City Attorney to collect the same using all
appropriate legal remedies.
(2) Or the Council may order the charge to be made a
special assessment and lien against the property
involved and order said assessment recorded on
the assessment roll in behalf of the City.
(D) Payment. and Recordation of Lien. All concerned parties
shall be notified of the City Council's decision of the
hearing in the same manner as the first notice and
shall be given opportunity to pay said charges. If
payment is not received within ten (10) days after
receipt of the Council's decision on the statement, the
Finance Director shall file in the Office of the County
Recorder
Unifor.m Housing Code
1994 Amendments
Page 5
of Riverside County a notice of lien, describing the
real property affected, a summary of the action taken
to abate the nuisance and the amount of the lien
claimed by the City of Lake Elsinore.
-
(1) Priority. Immediately upon its being placed on
the assessment roll the assessment shall be
deemed to be complete, the several amounts
assessed shall be payable, and the assessments
shall be liens against the lots or parcels of
land assessed, respectively. The lien shall be
subordinate to all existing special assessment
liens previously imposed upon the same property,
and shall be paramount to all other liens except
for state, county and municipal taxes with which
it shall continue until the assessment and all
interest due and payable thereon are paid.
(2) Interest. All such assessment remaining unpaid
after thirty (30) days from the date of recording
on the assessment roll shall become delinquent
and shall bear interest at the rate per annum
from and after said date as determined by the
City Council.
-
(3) The amount of the assessment shall be collected
at the same time and in the same manner as
ordinary municipal taxes are collected; and shall
be subject to the same penalties and procedures
and sale in case of delinquency as provided for
ordinary municipal taxes. All laws applicable to
the levy, collection and enforcement of municipal
taxes shall be applicable to such assessment.
(4) All money recovered by payment of the charge or
assessment or from the sale of the property at
foreclosure sale shall be paid to the City of
Lake Elsinore.
(E) Release of Lien. Upon payment in full of the costs of
the abatement proceeding and the expense of the work
done, the Building Official shall execute and record
with the County Recorder a release of the recorded lien
on the property. If an assessment has been placed on
the assessment roll and is thereafter paid to the
Building Official, he shall notify the County Auditor
who shall cancel the assessment on the roll.
(F) Fees shall be set pursuant to Chapter 3.32 of the City
of Lake Elsinore Municipal Code.
UNIFORM FIRE CODE 1994 EDITION
SECTION 204-C - the following definitions are amended:
.....
CHIEF OR CHIEF OF THE FIRE DEPARTMENT is the City Manager or
his authorized representative.
CHIEF ENGINEER is the City Manager or his authorized
representative.
CHIEF OF THE BUREAU OF FIRE PREVENTION is the City Manager
or his authorized representative.
~
UNIFORM PLUMBING CODE 1994 AMENDMENT
PART I VIOLATION AND PENALTIES 102.3.2 the first paragraph is
amended to read as follows:
-
Any person, firm or corporation violating any provision of
this code shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punishable by a fine of not to
exceed one-thousand dollars or by imprisonment in the county
j ail for not to exceed six months, or by both fine and
imprisonment. Each separate day or any portion thereof
during which any violation of this code occurs or continues
shall be deemed to constitute a separate offense, and upon
conviction thereof shall be punishable as herein provided.
PART I SCHEDULE OF FEES 103.4.1 is amended to read as follows:
The schedule of fees shall be set pursuant to Chapter 3.32
of the Municipal Code.
SECTION 401 (A) exception 2 is amended by adding the preceding
sentence to read as follows:
ABS PVC, and DWV piping installations shall be limited to
those structures where combustible and non-fire rated
construction is allowed.
SECTION 503 (A) exception 2 1S amended by adding the preceding
sentence to read as follows:
-
ABS, PVC, and DWV piping installations shall be limited to
those structures where combustible and non-fire rated
constructions is allowed.
UNIFORM MECHANICAL CODE 1994 AMENDMENTS
SECTION 111.1 is amended by adding the preceding paragraph at the
end of said section to read as follow:
-
Any person, firm, or corporation violating any of the
provisions or failing to comply with any of the mandatory
requirements of the ordinance of Lake Elsinore shall be
guilty of a misdemeanor. Any person convicted of a
misdemeanor under the ordinances of Lake Elsinore shall be
punished by a fine of not more than one-thousand dollars, or
by imprisonment not to exceed six months, or by both such
fine and imprisonment. 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 the ordinance of
Lake Elsinore is committed, continued, or permitted by any
such person, and shall be punished accordingly.
SECTION 1.5.2 is amended to read as follows:
The fees for each permit shall be as set pursuant to Chapter
3.32 of the Mechanical Code.
-.
NATIONAL ELECTRICAL CODE 1993 EDITION
SECTION 304 (A) shall be amended as follows:
.....
Schedule of fees shall be set pursuant to Chapter 3.32 of
the City of Lake Elsinore Municipal Code.
ARTICLE 310-5 is amended by adding the following sentence:
Conductors smaller than size six shall be cooper only.
ARTICLE 336-3 is amended as follows:
Type NM and Type NMC cables shall be permitted to be used in
one and two family dwellings, and multi-family apartment
dwellings, not exceeding three floors above grade.
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1994 EDITION
SECTION 1.11 shall be amended as follows:
.....
Schedule of fees shall be set pursuant to Chapter 3.32 of
the City of Lake Elsinore Municipal Code.
SECTION 320 is added to read as follows:
Same as Section 15.36.050 of the Lake Elsinore Municipal
Code (Ordinance No. 981).
.....
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING 1994
AMENDMENT
SECTION 202 is amended to read as follow:
All building or portions thereof which are determined after
inspection by the Building Official to be dangerous as
defined in this code are hereby declared to be public
nuisances and shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedure
specified in Chapter 10 of this code.
SECTION 203 is amended by adding the following paragraph at the
end of said section to read as follows:
Any person violating any of the provisions or failing to
comply with any of the mandatory requirements of the
ordinances of Lake Elsinore shall be guilty of a
misdemeanor. any person convicted of a misdemeanor under
the ordinances of Lake Elsinore shall be punished by a fine
of not more than one-thousand dollars, or by imprisonment
not to exceed six months, or by both such fine and
imprisonment. 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 the ordinances of
Lake Elsinore is committed, continued, or permitted by any
such person and shall be punished accordingly.
CHAPTER 4 IS DELETED
CHAPTER 5 IS DELETED
CHAPTER 6 IS DELETED
CHAPTER 7 IS DELETED
CHAPTER 8 IS DELETED
CHAPTER 9 IS DELETED
CHAPTER 10 - Abatement of substandard and unsafe buildings.
Chapter 17 is added to read as follows:
CHAPTER 10
ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS
SECTION 1001: STATEMENT OF INTENT - Upon finding any building to
be in this category, the Building Official shall notify the owner
of record as indicated on the Riverside County Tax Assessors
Records, of the intent of the City in condemning the building,
also advising the owner, that a Preliminary Title Report has been
ordered to determine who the concerned parties are, the cost of
which will be assessed against the property owner. If the owner
does not respond within 15 days from receipt of this statement,
the Building Official shall proceed to the next step.
SECTION 1002: FIRST NOTICE The Building Official, upon
determining that a building or structure is unsafe or substandard
shall give a written notice of defects to all parties concerned
in the manner hereinafter stated. The notice shall specify the
conditions which render the building or structure unsafe or
substandard. The notice shall require the owner to obtain all
necessary permits from the Department of Building and Safety and
to correct or abate the unsafe or substandard conditions, either
by repair, demolition or removal within 30 days after the date of
notice. If a building is encumbered by a mortgage or deed of
trust of record, and the owner of the building shall not have
complied with the order on or before the expiration of 30 days
after the mailing and posting of the notice, the mortgagee or
-
-
Uniform Code for Abatement of Dangerous Building
1994 Amendments
Page 2
beneficiary under the deed of trust may, within 15 days after the
expiration of the 30 day period, comply with the requirements of
the notice.
SECTION 1003: MANNER OF GIVING NOTICE - The Building Official
shall post a copy of the notice of defects in a plainly visible
place on the building or structure and he shall send a copy, by
registered or certified mail, postage prepaid, return receipt
requested, to the owner of the land on which the building or
structure is located, as such person's name and address appears
on the last County equalized assessment roll, and to each
mortgagee or beneficiary under any deed of trust, that is of
record; to the holder of any lease that is of record, and to the
record holder of any other estate or interest in the building or
structure or the land upon which such building or structure is
located, at the last known addresses of such interest holders.
SECTION 1004: ORDER TO VACATE - Whenever, in the opinion of the
Building Official, extreme and imminent hazard exists, he shall
give written notice ordering the occupants of any such building
to immediately vacate and, in the event compliance with the order
is not voluntarily and promptly obtained, he shall request the
law enforcement agency having jurisdiction to effect such a
vacation or forthwith take such action at law as is required to
cause the premises to be vacated. A copy of the order to vacate,
which shall include the reasons for the order, shall be posed on
the building and mailed to all concerned parties and filed in the
Building Department files in the same manner as the notice of
defects. Upon giving such order to vacate, the Building Official
shall cause to be posted at each entrance to the building a
notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY -
DEPARTMENT OF BUILDING AND SAFETY - CITY OF LAKE ELSINORE, such
notices shall remain posted until the required repair, demolition
or removal are completed. Such notice shall not be removed
without written permission of the Building Director and no person
shall enter the building except for the purpose of making the
required repairs or the demolition of the building, without the
written permission of the Building Official.
SECTION 1005: NOTICE OF ADMINISTRATIVE PROCEEDINGS - Whenever
the first notice of defects has been given, the Building Official
shall record in the office of the County Recorder of Riverside
County, a notice that an administrative proceeding has been
commenced for the abatement of a Public Nuisance, describing the
real property affected and stating that the costs incurred
therein may become a lien on said property, and directing inquiry
for further details to his office, giving the address thereof.
SECTION 1006: APPEAL - Any person entitled to service under
this ordinance may appeal the proceedings by filing a written
appeal on a for furnished by the Building Official within 30 days
of receipt of the first notice. Failure to do so constitutes a
waiver of the owners right to a hearing and adjudication of the
notice or any portion thereof.
(1) Upon receipt of any appeal the Building Official shall
set a hearing date to be not less than 10 days or more
than 60 days from the date the appeal was received.
(2) The Building Official upon setting the hearing date of
the Appeals Board, shall notify the appellant/s at the
address shown on the Appeal, of the date, time and
place the hearing will be held. This notification
shall be given not less than 10 days prior to the
hearing date.
Unifor.m Code for Abatement of Dangerous Building
1994 Amendments
Page 3
(3) Except for Orders to vacate made pursuant to Section
2(e) of the Ordinance, enforcement of any notice issued
under this ordinance shall be stayed pending the
outcome of any appeal properly and timely filed.
-
SECTION 1007: HEARING - At the time fixed in the notice, the
Board of Appeals shall proceed to hear the testimony of the
Building Official, and the owner of the building or structure or
his representative if present at said hearing, and other
concerned parties who may desire to testify, regarding the
condition of the building or structure, the estimated cost of
reconstruction, repair or removal, and any other relevant matter.
Upon the conclusion of the hearing, the Board shall make it's
decision and, in the event that it so concludes, it may declare
the building or structure to be a nuisance and direct the owner
to abate the same by having the building or structure properly
reconstructed or repaired, or by having it razed or removed, and
further notifying the owner that if said nuisance is not abated
within 30 days after posing and mailing of the Board's decision,
the building or structure will be razed or removed by the City of
Lake Elsinore and the expense thereof shall be a lien on the lot
or parcel of land upon which the building or structure is
located, or made a personal obligation of the property owner.
-
SECTION 1008: TIME TO BRING ACTION - Unless the owner or holder
of an interest of record brings an action in a court of competent
jurisdiction within 30 days after the date of mailing and posting
on said premises of the notice of the decision of the Board,
contesting the validity of any proceedings leading up to and
including the decision of the Board, all objections to the
proceedings and decision will be deemed to have been waived.
SECTION 1009: SECOND NOTICE If the order of the Building
Official in the first notice is not complied with within 45 days
after giving notice and no appeal has been filed the Building
Official shall give a second notice to all parties concerned by
posting and mailing in the same manner as the first notice. The
second notice shall be entitled "Notice to Abate Nuisance" the
notice shall direct the owner of the building or structure to
effect all necessary abatement within 30 days from receipt of the
second notice or show cause why such building or structure should
not be condemned as a nuisance and abated as wherein provided.
The failure of the owner or any other person to receive such
notice shall not affect in any manner the validity of any
proceeding taken hereunder.
SECTION 1010: JURISDICTION TO ABATE - Thirty days after the
mailing and posting of the Board of Appeals decision or the
second notice, the City shall have jurisdiction to abate such
nuisance by razing or removing the building or structure. In the
event that the nuisance is not abated within the prescribed time,
the City may thereupon raze and remove the building or structure
as hereinafter described under it's direction and supervision.
SECTION 1011: METHOD OF ABATEMENT - Abatement of all buildings
or structures under the direction and supervision of the City
pursuant to the provisions of this ordinance shall be done in the
following manner:
(1) If in the event the nuisance can be abated by repair or
rehabilitation, the Building Official may employ such
architectural or engineering assistance on a contract
basis as he may deem reasonably necessary to prepare
plans and specifications to facilitate said repair or
rehabilitation.
Unifor.m Code for Abatement of Dangerous Building
1994 Amendments
Page 4
-
(2) Actual work to be done whether it be repair and
rehabilitation or demolition and removal, shall be
accomplished by private contract. A minimum of three
(3) bids shall be received from reputable licensed
contractors prior to contracting for work to be done.
SECTION 1012: COST RECOVERY - Repair or demolition cost recovery
shall be accomplished in the following manner:
(A) Statement of Expense. The Building Official shall keep
a complete and accurate account of all costs incurred
in the performance of any work pursuant to the
provision of this ordinance.
A verified statement of expense showing the gross and
net expense of the work performed and all other costs
shall be given to the City Clerk who shall schedule it
for City Council consideration to set a hearing date.
The date, time, place, and purpose of the hearing shall
be published once in a local newspaper. A copy of the
statement and notice shall be accomplished in the same
manner as is prescribed for the first notice.
(B) Hearing on Statement of Expense. At the time fixed for
the hearing on the statement of expense the City
Council shall consider the statement, together with any
obj ections or protests which may be raised by the
property owner or other concerned parties. The Council
may make any such revision, correction or modification
in the statement as it may deem just, and thereafter
shall render it's decision on the statement. The
Council's decision on the statement and all protests
and objection which may be made shall be final and
conclusive.
(C)
Method of Payment for
determined by the Ci ty
decision rendered in the
expense.
Cost Recovery. Shall be
Council as a part of the
hearing of the statement of
(1) The Council may make the charges a personal
obligation of the property owner and direct the
City Attorney to collect the same using all
appropriate legal remedies.
(2) Or the Council may order the charge to be made a
special assessment and lien against the property
involved and order said assessment recorded on
the assessment roll in behalf of the City.
(D) Payment and Recordation of Lien. All concerned parties
shall be notified of the City Council decision of the
hearing in the same manner as the first notice and
shall be given opportunity to pay said charges. If
payment is not received within ten (10) days after
receipt of the Council's decision on the statement.
The Finance Director shall fine in the Office of the
County Recorder of Riverside County a notice of lien,
describing the real property affected, a summary of the
action taken to abate the nuisance and the amount of
the lien claimed by the City of Lake Elsinore.
Unifor.m Code for Abatement of Dangerous Building
1994 Amendments
Page 5
-
(1) Priority. Immediately upon its being placed on
the assessment roll the assessment shall be
deemed to be complete, the several amounts
assessed shall be payable, and the assessments
shall be liens against the lots or parcels of
land assessed, respectively. The lien shall be
subordinate to all existing special assessment
liens previously imposed upon the same property,
and shall be paramount to all other liens except
for state, county and municipal taxes with which
it shall continue until the assessment and all
interest due and payable thereon are paid.
(2) Interest. All such assessments remaining unpaid
after thirty (30) days from the date of recording
on the assessment roll shall become delinquent
and shall bear interest at the rate per annum
from and after said date as determined by the
City Council.
(3) The amount of the assessment shall be collected
at the same time and in the same manner as
ordinarily municipal taxes are collected; and
shall be subject to the same penalties and
procedures and sale in case of delinquency as
provided for ordinary municipal taxes. All laws
applicable to the levy, collection and
enforcement of municipal taxes shall be
applicable to such assessment.
-
(4) All money recovered by payment of the same charge
or assessment or from the sale of the property at
foreclosure sale shall be paid to the City of
Lake Elsinore.
(E) Release of Lien. Upon payment in full of the costs of
the abatement proceeding and the expense of the work
done, the Building Official shall execute and record
with the County Recorder a release of the recorded lien
on the property. If an assessment has been placed on
the assessment roll and is thereafter paid to the
Building Official, he shall notify the County Auditor
who shall cancel the assessment on the roll.
(F) Fees shall be set pursuant to Chapter 3.32 of the City
of Lake Elsinore Municipal Code.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE
ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read
by title only for adoption on November 14, 1995, and passed on
November 28, 1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, PAPE,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: BENDER
ABSTAIN:
COUNCILMEMBERS: NONE
~~~TY CLERK
CITY OF LAKE ELSINORE
(SEAL)
-
STATE OYCALIFORNIA
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 1007 of said Council, and that
the same has not been amended or repealed.
DATED:
November 30, 1995
~%~TY CLERK
CITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE AUTHORIZING THE CITY
MANAGER TO PERFORM EMERGENCY PUBLIC
PROJECT WORK
-
WHEREAS, Public Contract Section 20160 et seq. provides that public projects must
generally be competitively bid; and
WHEREAS, Public Contract Section 20168 provides that in cases of emergency the City
Council may, by a 4/5 vote, declare that the public interest demand the immediate expenditure
of money to safeguard life, health and property; and
WHEREAS, Chapter 803 of the 1994 Statutes now authorizes the City Council to
delegate to a non-elective officer the power to order emergency work provided regular reports
are made to the City Council justifying the status of the emergency and the work.
NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby
ORDAIN as follows:
Section 1:
That Section 2.36. L 15 is amended to read:
-
"2.36.115. Public Proiects - Exception. Except as otherwise provided, this
Chapter does not apply to the bidding requirements for "public projects," as the
same is defined in the Public Contract Code."
Section 2:
That Section 2.36.117 is hereby added to read:
"2.36.117. Emergency Public Proiect Work. The City Manager, or in his
absence, the Assistant City Manager, shall have the authority to order emergency
work pursuant to Public Contract Code Section 22050 or any successor statute.
If such action is ordered, the person ordering the work shall report to the Board
at successive regular meetings stating the reason(s) justifying the continuation of
the emergency work."
Section 3: That the City Clerk shall certify to the adoption of this Ordinance and cause it to
be posted as required by law.
INTRODUCED AND PASSED UPON FIRST READING this 14th
day of November , 1995, upon the followinq roll call
vote:
AYES: COUNCILHEMBERS: BRINLEY, PAPE, WASHBURN
-
I
i NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILHEMBERS: ALONGI, BENDER
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
28th day of November , 1995, upon the
following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
NONE
-
ABSENT:
COUNCILMEMBERS:
BENDER
ABSTAIN:
COUNCILMEMBERS:
NONE
ATTEST:
95JLJW
VICKI KAS~D, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO LEGAL FORM:
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE
ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read
by title only for adoption on November 14, 1995, and passed on
November 28, 1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, PAPE,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: BENDER
ABSTAIN:
COUNCILMEMBERS: NONE
i~u
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 1008 of said Council, and that
the same has not been amended or repealed.
DATED:
November 30, 1995
c{ U
~~S~, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5.28
OF THE MUNICIPAL CODE REGARDING CARD ROOMS
AND PROVIDING FOR RULES AND REGULATIONS
CONCERNING LICENSING.
RECITALS
WHEREAS, the City Council of the City of Lake Elsinore desired to amend Chapter
5.28 of the Municipal Code, said Chapter allowing for the operation of card rooms within
the City of Lake Elsinore and to provide for the issuance of permits;
and
.-..
WHEREAS, the City Council of the City of Lake Elsinore desires to amend Chapter
5.28 of the Municipal Code associated with the operation of any card rooms within the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, as follows:
Section 1. That the foregoing recitals are true and correct.
Section 2. Ordinance Number 718 is hereby repealed.
Section 3. That Chapter 5.28 of the Municipal Code regarding card rooms is
hereby amended as follows:
Section 4. The following sections of the Municipal Code shall remain in full force
and effect until amended or repealed by action of the City Council.
1. 5.28.010
2. 5.28.020
3. 5.28.050
4. 5.28.060
5. 5.28.070
6. 5.28.110
7. 5.25.130
8. 5.28.140
9. 5.28..150
10. 5.28.160
11. 5.28.170
12. 5.28.180
13. 5.28.190
14. 5.28.200
15. 5.28.210
16. 5.28.220
17. 5.28.230
18. 5.28.240
19. 5.28.260
Section 5. That the following sections shall read as follows:
Section 5.28.030: Maximum Number of Permits. The number of permits issued
shall be determined by the City Council, based upon the City Council's analysis of
community need and economic viability. More than one permit may not be held by a single
person. In determining to issue any permits subsequent to the date of the enactment of
this section, the City Council shall consider the relative location of existing card room(s)
to the proposed additional card room, the impact of any subsequent permits on existing
card room(s), the financial impact on the City of Lake Elsinore, and any other matters
deemed by the City Council to be appropriate. The relative weight each of the factors
receives and the determination as to whether or not to issue an additional permit(s) shall
be within the complete discretion of the City Council.
Section 6. That ,this ordinance shall become effective thirty (30) days after its
passage.
INTRODUCED AND PASSED UPON FIRST READING this 14th day of Nov~mber
1995. upon the following roll call vote:
AYES:
COUNCILMEMBERS : BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS : NONE
-
ABSENT: COUNCILMEMBERS : ALONGI, BENDER
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th
day of November . 1995. upon the following roll call vote:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY, PAPE, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BENDER
ABSTAIN: COUNCILMEMBERS: N NE
ATTEST:
a~ 'i.~
VICKI L. KASAD, CITY CLERK
APPROVED AS TO FORM AND LEGALITY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE
ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read
by title only for adoption on November 14, 1995, and passed on
November 28, 1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, PAPE,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: BENDER
ABSTAIN: COUNCILMEMBERS: NONE
i~)u
VICKI KASAD, CITY CLERK
CITY OF ~~E ELSINORE
-
( SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 1009 of said Council, and that
the same has not been amended or repealed.
DATED:
November 30, 1995
0~
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA AMENDING CHAPTER 9.76
OF THE CITY OF LAKE ELSINORE MUNICIPAL
The City Council of the City of Lake Elsinore, California, does ordain as follows:
SECTION 1. PURPOSES:
1.1 The City Council of the City of Lake Elsinore has adopted this Ordinance
in order to protect the public health, safety and welfare, pursuant to that authority contained in
California Constitution Article XI, Section 7.
SECTION 2. MUNICIP AL CODE AMENDED:
2.1 Chapter 9.76 of the City of Lake Elsinore Municipal Code is hereby
amended to read as follows:
"Chapter 9.76
-
CURFEW"
Sections:
9.76.010
Intent.
9.76.020
Curfew Established.
9.76.030
Exceptions of Curfew.
9.76.040
Violation of Curfew by Minor.
9.76.050
Responsibility of Adult Curfew Violations.
9.76.010
Intent.
In enacting this Chapter, it is the intent of the City Council
to protect children of immature age, to promote the safety and good order in the community,
and to reduce the incidence of juvenile criminal and other anti-social behavior.
9.76.020 Curfew Established. (a) It is unlawful for any person under the age of
eighteen years to loiter, idle, wander, stroll, play or be present in or upon public streets,
highways, roads, alleys, parks, playgrounds, places of amusement, eating places, vacant lots,
unsupervised places, or other public grounds, places or building between the hours of 10:00
p.m., and 5:00 a.m., of the day immediately following.
9.76.030
Exceptions to Curfew. The provisions of Section 9.76.020 shall not apply
in the following circumstances:
(a) When the person who is under eighteen years of age is accompanied by
his or her parent, guardian or other adult person having the care and
custody of the person who is under eighteen years of age.
-
(b) When the person who is under eighteen years of age is returning directly
home from school, church or from a school-sponsored or church-
sponsored meeting, entertainment, recreational activity, dance, or place
of lawful employment.
(c) When the person who is under eighteen years of age is going directly
from home to school or church or to a school-sponsored or church
sponsored meeting or to a place of lawful employment.
(d) When the person who is under eighteen years of age is accompanied by
his or her adult spouse.
2
(e) When the person who is under eighteen years of age is directly en route
from school or from a school-sponsored or church-sponsored meeting,
entertainment, recreational activity, dance or place of lawful employment
to a place where food is served to the public. This exception shall
continue during the time which is reasonably required to obtain and
consume food at such place and to proceed directly home from such place.
(f) When the person who is under eighteen years of age is performing, or is
en route directly home from performing, an emergency errand pursuant
to the request or direction of an adult person who is charged with the care
and custody of the minor performing the errand.
9.76.040
Violation of Curfew by Minor.
Punishment.
oJf6
Each person under the age of eighteen years who violates subsection (a)
rt{'7fR ,D~)
of this Chapter^ or causes, permits, aids, abets, suffers, conceals or
0:1.0
conspires in the violation of any provision of 9.76.-G4G shall be guilty of
(a)
CKiV
-
an infraction and shall be dealt with in accordance with the State law and
procedures governing the prosecution of minors who are charged with
infractions.
(b) Nothing contained in this Section shall be construed to prohibit the
diversion of juvenile violators of Section 9.76.020 of this Section or
9.76.040 to non-criminal programs for disposition of such violations, such
as youth court proceedings.
3
9.76.050
Responsibility of Adult for Curfew Violations. Each parent or
guardian or other adult person having the legal care or custody of a person under the age of
eighteen years, who causes, permits, aids, abets, suffers or conceals the violation of any
provision of Section 9.76.020, or who conspires with any other person to the end that any
provision of Section 9.76.020 shall be violated, shall be guilty of an infraction or a misdemeanor
in accordance with the provisions of Section 1.16 of this Code and, upon the conviction thereof,
shall be punished in accordance with the provisions of Section 1.16 of this Code.
INTRODUCED AND PASSED UPON FIRST READING this 14th day
of November, 1995, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
ALONGI, BENDER
ABSTAIN:
COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
28th day of November, 1995, upon the following roll call vote:
-
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BENDER
ABSTAIN:
COUNCILMEMBERS:
NONE
ATTEST:
~J\x~ CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO LEGAL FORM:
-
JJ~R
JOHN R. HARPER,
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE
ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read
by title only for adoption on November 14, 1995, and passed on
November 28, 1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, PAPE,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: BENDER
ABSTAIN: COUNCILMEMBERS: NONE
~~TY CLERK
CITY OF ~~E ELSINORE
-
( SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 1010 of said Council, and that
the same has not been amended or repealed.
DATED:
November 30, 1995
~~~ CLERK
CITY OF LAKE ELSINORE
-
( SEAL)