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HomeMy WebLinkAboutOrd. Nos 1974-532-538ORDINANCE NO. 532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DEFINING NUISANCES AND PROVIDING FOR THE SUMMARY ABATEMENT THEREOF The City Council of the City of Lake Elsinore does ordain as follows: SECTION 1. DEFINITIONS (a)_ "Street" includes public street, alley, lane, court or other place. (b) "In front of which the nuisance exists" includes to the rear of or abutting the property upon which the nuisance exists. (c) "Weeds," as used in this article, includes any of the following: (1) weeds which bear seeds of a downy or wingy nature. (2) Sagebrush, chaparral, trees, shrubs, vegetation, brush, and any other growth which creates or causes a hazard or menace to the public health, safety and welfare. (3) Weeds which are otherwise noxious or dangerous. (4) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. (5) Dry grass, stubble, brush, litter, or other .flam- mable material which endangers the public safety by creating a fire hazard. SEC^1ION 2. AUTHORITY TO DECLARE NUISANCE AND ABATE The City Council may declare by resolution as public nuisances, and abate: (a) All weeds as herein defined growing upon the streets, sidewalks, or private property in the city. (b) All rubbish, refuse, and dirt upon parkways, sidewalks, or private property in the city. SECTION 3. RESOLUTION DECLARING NUISANCE; CONTENTS The resolution shall: (a) Refer to the street by its commonly known name. (b Describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the official or city assessment map. Any number of streets, sidewalks, or parcels of property may be included in one resolution. S=TION 4. WEEDS ON SPECIFIED PARCELS OF PROPERTY A.S SEASONAL AND RECURRENT NUISANCES; ABATEMENT At the time it adopts the resolution as herein provided, the City Council may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in ac- cordance with the provisions of this Ordinance, provided -t;iat u>nw i =he second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hoari.r_.gs need be held and it shall be- sufficient to mail a post card notice to the owners of the property as they and their addresses- appear upon the current assessment .roll. The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or.in front of the property, and that the same constitute a public nuisance which must be abated by the re moval of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the City author hies, in which case the cost of such removal shall be assessed I upon the parcel and lands from which or in front of which such weeds are removed and that upon confirmation such cost will consti- tute a lien upon such parcel or lands until paid. SECTION 5. PREVENTIVE ABATEMENT OF SEASONAL AND RECURRENT WEED NUISANCES; CHEMICAL CONTROL �I Where the City Council finds and declares that weeds on speci- fied parcels of property are seasonal and recurrent nuisances as provided in Section 4,'it may provide for the preventive abatement of such seasonal and recurrent nuisance as provided in this section_ ,i The notice required by Section 4 shall, in addition to -con- taining all other require matters, state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds, weed seeds and weed ` seedlings and that the city may require preventive chemical control of such nuisance. In the event the city is once required to abate such nuisance the city may, in addition, before and during the next following germinating season of such weeds, provide for the preventive abate- ment of such nuisance by using chemical control of such weeds. SECTION 6. NOTICES; POSTING j After passage of the resolution,the Superintendent of Public Works shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He shall post: (a) One notice to each separately owned parcel of property i of not over fifty feet frontage. j(b) Not more.than two notices to any such parcel of one hundred feet frontage or less. (c) Notices at not more than one hundred feet apart if the frontage of such a parcel is greater than one hundred feet. SECTION 7. NOTICES; HEADING AND FORM The heading of'the notices shall be "Notice to destroy weeds and remove rubbish, refuse, and dirt: in letters not less than one inch in height, and shall be substantially in the following form: I NOTICE TO DE;TROY WEEDS AND REMOVE j RUBBISH, REFUSE, AND DIRT Notice is hereby given that on the day of 1974, the City Council of the City of Lake Elsinore passed a res- olution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in , and more particularly described in the resolutic and that they constitute a public nuisance which must be abated by the removal o£ the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the city and the 'cost of removal assessed upon the land from or in 'front of which 'he weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A .copy of said resolution is on file in the office of the city clerk. The property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby noti- ,ied to attend a meeting of the City Council of the City of Lake Elsinore to be held be heard and given due consideration. Dated this day of , when their objections will , 19 Superintendent of Public Works SECTION 8. NOTICES The notices shall be posted at least five days prior to the time for hearing objections by the City Council. As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council may direct the city clerk to mail written notice of the proposed abatement to all persons owning property described in the resolu- tion. The city clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the_.City Council. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Any costs incurred in securing the aforesaid names and addresses shall be a part of the costs of abatement. The notices mailed by the city clerk shall be mailed at least five days prior to the time for hearing objections by the City Council. The notices mailed by the city clerk shall be substantially in the form provided by Section 7, except, that notices shall be signed by the city clerk and the heading of the notice need not comply therewith. SECTION 9. HEARING At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt: it shall, by motion or resolution, allow or over- rule any objections. The hearing may be continued from time to time, but the decision of the City Council is final, and it acquires jurisdiction to proceed and perform the work of removal upon the conclusion of the hearing. SECTION 10. ABATEMENT PROCEDURE If objections have not been made or after the City Council has disposed of those made, it shall order the Superintendent of Public Works, by motion or resolution, to abate the nuisance by having the weeds, rubbish, refuse, and dirt removed. The Superintendent of Public Works may, thereupon enter upon private property to abate the nuisance. Notwithstanding such order of abatement, the owner may, prior to the arrival of the Superintendent of Public Works, remov the weeds, rubbish, refuse, and dirt at his own expense. e SECTION 11. COSTS; ACCOUNT; REPORT The Superintendent of Public Works shall keep an account of the cost of abatement in front Of or on each separate parcel of land where the work is done by him. He shall submit to the City Council for confirmation an itemized written report showing such cost. A copy of the report shall be posted for at least three days Prior to its subission to the City Council on or near the chamber door of the City Council, with a notice of the time and submission_ -9- t ; At the time fixed for receiving and considering the report, the City Council shall hear it with any abjections of the property owners liable to be assessed for the abatement. It may modify the j s report if it is deemed necessary, and shall then confirm the report by motion or resolution. j SECTION 12. PERFORMANCE OF ABATEMENT BY CONTRACT; BIDS; ITEMIZED i WRITTEN REPORTS Abatement of the nuisance may in the discretion of the City Council be performed by contract awarded by the City councilon the = basis of competitive bids let to the lowest_ responsible bidder pursuant to Sections 37903, 37904, 37905 and 37931 to 37935 i.nclusiv! 'i of the California Government Code. In such event the contractor shall keep the account and submit the itemized written report for each separate parcel. of land required by Section 39574 of said Code. SECTION 13. COSTS; ASSESSMENT The cost of abatement in front of or upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel. After confirmation of the report, a copy shall be given to the i city assessor and the tax collector, who shall add the amount of - the assessment to the ..next regular tax billlevied - against the parcel for municipal purposes. If the county assessor and the tax collector assess property and collect taxes for the city, a certified copy of the report shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. i The City Council may determine that, in lieu of collecting the i entire assessment at the time and in the manner of ordinary munic- ipal taxes, such assessment of fifty dollars ($50) or more may be made in annual installments, in any event not to exceed five, and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment s is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary munic- ipal tares. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the City Council, not to exceed <) percent per annum. As an alternative method the county tax collector in his dis- cretion may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection, and enforcement of county taxes apply to such special assessment taxes. SECTION 14. COST; PAYMENT TO SUPERINTENDENT OF PUBLIC WORKS; TIM-,7 The Superintendent of Public Works may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until 10 days before a copy is given to the city assessor and tax collector, or where a certified copy. is .filed with the county auditor, until, August lst following the co_<fi.rmatior. f of the report. SECTION 15. REFUNDS The City Council may order refunded all or part of a tax paid pursuant to this article if it finds that all or part of the tax has been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the clerk of the City Council on or before November lst after the tax became due and payable The claim shall be verified by the person who paid the tax, or his guardia, executor, or administrator: SECTION 16. DAMAGES FROM NEGLIGENCE IN ABATEMENT; AUTHORITY TO PAY; CLAIMS If the City Council finds that property damage was caused by the negligence of a city officer or employee in connection with the abatement of a nuisance pursuant to this article, a claim for such damages may be paid from the city general fund. Claims therfor are governed by Part 3 ( commencing with Section 900 ) and Part ^_ ( commencing with Section 940) of Division 3.6 of Title 1 of the California Government Code. SECTION 17: The Clerk of the Council shall certify to the passage of this Ordinance and shall cause the same to be published once in the Lake Elsinore Sun after its adoption. This ordinance shall take effect thirty (30), days from and after the date of its final adop- tion. PASSED AND ADOPTED by the City Council of the City of Lake Elsinore at its regular meeting held on the 11th day of February 1974, by the following vote, to wit: AYES: COUNCILMEN: DePasquale, Harmatz, Perkins, Mayor Pro Tem Cartier. NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Chaffin s /Lawrence A. Cartier Mayor. Pro Toni ATTEST: s /Florene Marshall City Clerk of the City of Lake Elsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE 1 ss CITY OF LAKE ELSINORE -4- ORDINANCE NO, a33 AN ORDINANCE PROVIDING FOR THE ABATMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGHWAYS, AND RECOVERY OF COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660.VEHICLE CODE. THE 'MAYOR. AND THE CITY COUNCIL OF THE CITY OF ELSINORE, CALIFORNIA, DO ORDAIN AS FOLLOWS: Section 1: In addition to and in accordance with the deter- mination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council of the City of Lake Elsinore hereby makes the following findings and declarations: The accumulation and storage of. abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public pro- party not including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisuance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dis- mantled or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly herein - after permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Ordinance. As used in this Ordinance: W The term "vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively-upon stationary rails or tracks. i (b) The term "highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. (c) The term "public property" does not include "highway." (d) The term "owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. (e) The term "owner of the vehicle" means the last registered owner and legal owner of record. Section 2: This Ordinance shall not apply to: (a) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from ti ' street or other public or private property; or (b) A vehicle, or parts thereof, which is stored or parked in a Lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk d ealer, or when such storage or parking is necessary to the opera- tion of a lawfully conducted business or commercial enterprise. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of 'law other. than Che:pter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Ordinance. Section 3: This Ordinance is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within -I the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. -2- Section 4: Except as otherwise provided herein, the provisicns of t his Ordinance shall be administered and enforced by the City Manager. In the enforcement of this Ordinance such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, and to remove or cause the removal of a. vehicle or parts thereof declared to be a nuisance pursuant to this Ordinance. Section 5: When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Ordinance. Section 6: The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereo0 under this Ordinance. Section 7: Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, the City :tanager shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. Section 8: A 10 -day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle.is in such condition that identification nwTh ers are not available to determine ownership. The noticesof intention shall be in substantially the following forms: NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED yfn?.CKE.D DIS IANTLED Oa. dNOPERATIVE VEHICLE OR PARTS THEftBCiF AS 61 PU-LIC NUISANCE (name and address of owner of the land) Ws As yawner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the under- signed pursuant to (section of ordinance or municipal code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered license number which constitutes a public nuisance pursuant to the provisions of (ordinance or municipal code chapter number). You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon you failure to do so the same will be abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) i s located. As caner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if sLL h a request is not received by the City Council of the City of Lake Elsinore within such 10 -day period, the City Manager shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10 -day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for -4 consideration at such hearing. NOTICE MAILED: City Manager City of Lake Elsinore (Name and address of last registered and /or legal owner of record of vehicle -- Notice should be given to both if different) As last registered (and /or legal) owner of record of (description of vehicle - make, model, license, etc.), you are hereby notified that the undersigned pursuant to (section of ordinance or municipal code) has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of (ordinance or municipal code chapter number). You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice. As registered (and /or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City, Council of the City of Lake Elsinore within such 10 -day period, the City Manager shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. NOTICE MAILED: City ,ianagar City of Lake Elsinore Section 9: Upon request by the owner of the vehicle or owner of the land received by the City Council within 10 days after the mailin, of the notices of intention to abate and remove, a public hearing -5- shall be held by the City Manager on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the I administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. _If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10 -day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail, at least 10 days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said 10 days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. Section 10; All hearings under this Ordinance shall be held before the City Manager who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circum- stances concerning its location on the said private property or public property, The City Manager shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The City Manager may impose such conditions and take such other' action as he deems appropriate under the circumstances to carry out the purpose of this ordinance. He may delay the time for removal M of the vehicle or parts thereof if, in its opinion, the circum- stances justify it. At the conclusion of the public hearing, the City Manager may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the City Manager shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the City Manager but does not appear, he sb,all be notified in writing of the decision. Section 11• Any interested party may appeal the decision of M City Manager by filing a written notice of appeal with the said City Manager within five days after his decision. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8. In conducting -7- the hearing the City Council shall not be limited by the technical rules of evidence. Section 12: Five days after adoption of she order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10 or 15 days after such action of the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard of automobile dismantler's yard, After a vehicle has been removed it shall not thereafter be reconstructed or made operable. Section 13: Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed, At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. Section 14: If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City taxes. Section 15: It shall be unlawful and a misdemeanor for any .person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the City for a period in excess of five days unless sucb vehicle or parts thereof is completely enclose, within a building in a lawful manner where it is not plainly visible' from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private 3 - property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. Section 16: It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dis- mantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Ordinance or State law where such State law is applicable. Section 17: Ordinance No. 453 adopted by the Mayor and City Council of January 22, 1968, is repealed effective upon the effective date of this Ordinance. Section 18: The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law. ADOPTED by the Mayor and City Council and signed by the Mayor and attested to by the City Clerk, this lit day of - May , 1974. s /Norman L. Chaffin Mayor of the City of Lake Elsinore ATTEST: s /Florene Marshall City Clerk of the City of Lake Elsinore -9- ORDINANCE NO. 534 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORAIA, PROVIDING FOR LICENS S TO SELL CONCEALED WEAPONS. THE MAYOR ANO TIE CITY COUNCIL OF. T':IE CI;Y OF LAZE ELSINORE, CALIFORNIA DO ORDAIN AS FOLLOWS: Section 1: Purpose. The purpose of this ordinance is to provide for the licensing of persons (entities) to engage in the business of selling concealed weapons in the City of Lake Elsi- nore, as provided for in Part 4, Title 2, Chapter 1, Article 4 (commencing with Section 12070) of the Penal Code. By this reference said Article 4 is incorporated :Herein. Section 2: Administration. There is here vested in the Sheriff of the County of Riverside authority to administer this Ordinance, Section 3: issuance of License -Fees. The Sheriff shall issue the local licenses to sell concealed fire arms described in Section 12071 of the Penal Code pursuant to the standards set forth in Section 4 below. Upon issuance of a license it is valid for the remainder of the calendar year in which it is issued and may be renewed for a period of one year at a time thereafter. The initial fee for a license is $100.00 and the renewal fee is $50,00. Section 4 Standards. The Sheriff shall not issue a license, and is required to revoke a license, unless all of the following are present: (a) The person involved is not one of the class of persons described in sections 12021 and 12021.5 of the Penal Code, (b) The ouilding involved in the business of selling concealed weapons contains such security features as the Sheriff deems necessary for such a business establishment. 1 - (c) The licensee is continuing his business in the manner provided for in Sections 12071 through 12079 of the Penal Code. Section 5: Appeal. D=henever the Sheriff .refuses to issue a license or revokes a license, such decision is final unless the person involved re ues-13 a hearing before the City Council of the City of Lake Elsinore. Such a request =hall Ib a in writing and directed and delivered to the City Clerk of the City of Lake Elsinore within 10 days after the Sheriff refuses to issue or revokes a license, who shall then cause the ratter to be an the agenda of the next .regular meeting of the City Council of the City of Lake Elsinore. The City Council shall thereupon set a time and ,-)lace for a public hearing regarding the sufficiency of the reasons of the Sheriff in refusing to issue the license or revoking the license in question. At the time and place set for nearing the Citv Council shall hear all relevant evidence and issue its decision which is final. The hearing shall be held within 20 days after the request. Section 5: Regulations. The Sheriff shall from time to time prepare regulations designed for the purpose of effectuating the intent of this Ordinance and the intent of the provisions of the Penal Code described in Section 1 above. Such regulations shall be presented to the City Council for their approval, rej,c tion or modification. Such regulations, as approved, shall be enforced by the Sheriff" as to the regulations of the City Council regarding the carrying out of the provisions of this Ordinance. Section 7: This Ordinance shall take effect in 30 days after the adoption. Section II: The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and cause the same to be published in the ,-.tanner provided by law. 2 - ORDINANCE NO. 53_ AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, PROHIBITING THE RUNNING AT LARGE OF DOMESTIC FOWLS OR DOMESTIC ANIMALS OTHER THAN DOGS OR CATS AND PROVIDING FOR THEIR IMPOUNDING. THE MAYOR AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO ORDAIN AS FOLLOWS: Section l: Definitions: Whenever in this ordinance the words herein defined are used they shall have the respective meanings assigned to them in the following definitions: (a) "Animal "includes any domestic bovine animal, horse,, mule, burro, sheep, goat, swine or other domestic mammal except a dog or cat. (b) "Fowl" includes any chicken, duck, turkey, goose or other domestic fowl. (c) "Animal Control Officer" means the Animal Control Officer of the City of Lake Elsinore, California, or his designated representative. (d) "At large" means off the premises of, and not under physical restraint by, the owner or other person having charge of an animal. Section 2: Animals or Fowls at Large Prohibited. No person owning or having charge of any animal or fowl shall permit the same to be at large on any highway, street, sidewalk, lane, alley or other public place, or upon any private property other than that of the person owning or having charge of such animal or fowl' Unless such owner or person having charge of such animal or fowl has the consent of the owner of the private property. Section 3: Exemption. This ordinance shall not prohibit leading, driving, riding or conducting animals under adequate super- vision along a public highway. Section 4: Impounding Animals. It shall be the duty of the Animal Control Officer to take up and impound all animals found at 1-acge upon any highway, street, sidewalk, land, alley or ether 1 - s public place, or upon any private property without its owner's consent. The Animal Control Officer may contract with any person to keep, feed and care for any such animal at reasonable rates for not more than 20 days. Section 5: Disposition of Animals, Rabid or Disabled. If it shall appear to the Animal Control Officer from the report of a licensed veterinarian or other qualified person that an animal is afflicted with rabies, he shall humanely destroy such animal, and shall take such other action as may be required by law and as he deems necessary to prevent the spread of such disease. He may humanely destroy any sick, disabled, infirm or crippled animal found at large if he is unable to identify and locate the owner. Section 6: Disposition of Bovine Animals, Horses, Mules or Burros. If the Animal Control Officer impounds any bovine animal, horse, mule, or burro, and if such animal is not reclaimed within 5 days thereafter, the Animal Control Officer shall notify the State Director of Agriculture in accordance with the provisions of Agricultural Code Section 17003. If the Director of Agriculture does not, within 5 days after notice, elect to dispose of any horse, mule or burro, then the Animal Control Officer shall sell such animal in accordance with this ordinance. Section 7: Disposition of.Other Animals. If any animal other than a domestic bovine animal, horse, mule, or burro, and except an animal afflicted.with rabies, impounded by the Animal Control Office,_, is not reclaimed within 2 days thereafter, it shall be sold by the Animal Control Officer after giving notice of sale in accordance with Section 8 of this ordinance. Section 8: Notice of .Sale. The notice of sale shall contain a description of the animal, including any identifying marks or brands; the date and place where the animal was taken up; and the time and place of sale. At least days prior to the sale of any impounded animal, the Animal Control Officer shall cause a copy of the notice to be published in a newspaper circulated in the area where the animal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal. at his residence or place of business, if known. Section 9: Sale of Animals. At the time and place set forth in the notice of sale, the Animal Control Officer shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the Animal Control Officer may sell such animal at private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law. Section 10: Proceeds of Sale. The proceeds of such sale, after first deducting fees and charges of the Animal Control Officer, including costs of sale, shall be paid by the Animal Control Officer to the City Treasurer who shall pay them over to the owner of such animal sold if claimed within one year thereafter. If not so claimed, they shall be transferred into the general fund of the City. Section 11: Redemption of Animals by the Owner. The owner or person entitled to possession of any animal impounded, may at any time before the sale or other disposition, thereof, redeem the same by paying the Animal Control Officer all fees and charges thereon. Section 12: Costs of Redemption. The Animal Control Officer shall charge and collect from each person redeeming an impounded animal an impounding fee, plus the actual costs of transporting the animal and maintaining the animal while impounded including costs of sale incurred. The impounding fee shall be, from time to time, set by resolution of the City Council. Section 13: Penalty. A violation of Section 2 of this ordinance is a misdemeanor punishable by a fine of not more than $500, or by imprisonment in the County jail for not more than 6 months, or by both such fine and imprisonment. Section 14: Effective date. This ordinance shall take effect 30 days after its adoption. - 3 - s Section 14: The City Clerk is hereby ordered and directed i to certify the passage of this Ordinance and cause the same to be published in the manner provided by law. ADOPTED by the Mayor and City Council and signed by the Mayor and attested to by the City Clerk this 26th day of August 1974. . s /Norman L. Chaffin Mayor of the City of Lake Elsinore ATTEST: s /Florene Marshall City Clerk of the City of Lake Elsinore Publish Sept. 12, 1974 1 i j 4 - III 2 3 4 5 6 7 8 9 11 12 13 14 15 lb 17 18 19 20 21 I 22 23 24 ORDINANCE NO. 336 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN REAL PROPERTY FROM ITS PRES.M, ZONL' OF R -1 (SINGLE FAMILY RESIDENCE DISTRICT) TO R -3, 01T1LTIPLE xrltMILY DWELLING DISTRICT) AND AMENDING ORDINANCE NO. 349. TIIE MAYOR AND THE CITY COUNCIL OF TriE CITY OF LVir ELSINORE, CALIFORNIA, DO ORDAIN AS FOLLOWS: Section 1: The following described real property located in the City of Lake E lsinore, California, is removed from its present district as R -1 (Single Family Residence District) and is rezoned to R -3 (Multiple Family Dwelling District). That the property which is rezoned is all that certain I real property which is located in the City of Lake Elsinore, County of Riverside, State of California, and more particularly described as follows The most westerly 1/4 of Lot 25, Block B, of Elsinore, as shown by map on file in Book 8, Page 377 of maps of San Diego County records. Said property is located on the northwest corner of Machado and Joy Streets. Section 2: Ordinance No. 349 of the City of Lake Elsinore, California, is hereby amended to affect the rezoning of the above described property. Section 3: The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and cause the same to be published in the warmer provided by law. ADOPTED by the Mayor and City Council and duly signed by the Mayor and attested to by the City Clerk this 3rd day of September 1974, , 20 A MST: 25 s /Florene Marshall 27 I City Clerk — 78 29 30 31 , 32 1 s /Norman L. Chaffin Mayor ORDINANCE NO. 537 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF LAKE ELSINORE, AMENDING ORDINANCE NO. 396, WHICH ORDINANCE PROVIDES FOR LICENSING AND IMPOUNDING OF DOGS, REGULATING THE KEEPING AND CONTROL OF DOGS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The City Council of the City of Lake Elsinore does ordain as follows: SECTION I: Two definitions in Section I of Ordinance No. 396 are amended to read as follows: DOGS: Any dog over the age of four (4) months. OWNER: Any person keeping or operating or having control or custody of any dog for 30 consecutive days shall be deemed to be the owner of such dog within the meaning of this ordinance, except any veterinarian duly licensed or practicing as such, and having in his possession or control any dog for the purpose of treatment. SECTION II: Section III of Ordinance No. 396 is amended to read as follows: Every person engaged in the business of operating . a. dog kennel or pet shop as herein defined, shall obtain a license from the Health Officer and shall pay such animal license fees as may from time to time be determined by the City Council by resolution. Application for license to operate a dog kennel or pet shop shall be made in writing to the Public Health Department not later than 10 days after verification from the Planning Commission that said dog kennel or pet shop can under the zoning law of the City be operated at the said address. After receipt of application, the Director shall make or cause to be made an exainination of the dog kennel or pet shop for which said license is requested. No license shall be issued, nor shall any license be renewed, unless and until the dog kennel or pet shop shall, in the opinion of the Health Officer, satisfactorily meet each of the following conditions: (a) The dog kennel or pet shop is constructed, equipped and maintained so as to continuously provide a healthful and sanitary environment for the animals kept, or to be kept therein. (b) There is adequate shelter from the elements and sufficient space for exercise. (c) There is ample and healthful food and potable water and adequate sanitary facilities . for storage of same. -1- (d) There is adequate drainage facilities and satisfactory sanitary disposal of both natural precipitation and animal wastes of all kinds, (e) There is adequate and effective means of control of insects and rodents and such control is vigorously maintained at all times. (£) Living quarters of a house or home shall not be considered i Failure of the applicant for said license to comply with any one of the £oregoring conditions shall be deemed just cause for the denial of any license whether original or renewal. All dogs owned by the operator of a dog kennel or pet shop shall be subject to the provisions of this ordinance upon attaining the age of four (4) months. Personal pets that are kept in the house must be licensed separately. The sale of each dog by a kennel or pet shop before it has attained the age of four (4) months shall be reported on a form to be furnished by the Health Officer, which form shall include information as to the name and address of the person to whom the dog is sold, a description of the dog, age of the dog, and such other pertinent data as the Health Officer may require. The Health Officer shall have authority to enter upon any area or premises in which a dog kennel or pet shop is located for the purpose of the enforcement of this Ordinance. The Health Officer may revoke any license issued pursuant to this Ordinance whenever he shall determine from an inspection that any dog kennel or pet shop fails to meet all the conditions of this section. Any revocation of a license shall be effective until all conditions of this section have been met and complied with to the satisfaction of the Health Officer and written notice of this fact has been given to the licensee. Upon .receipt of such notice the license shall be deemed in full force and effect for the remainder of the original term for which issued. The Mnalth,Officer shall have the power, upon the giving of ten (10) days' notice by the United States mail to any licensee under this section, to revoke any license granted to a dog kennel or pet shop operator for a violation of this ordinance. -2- SECTION III: Section IV, sub - section (c) of Ordinance No. 396 is hereby amended to read as follows: (c) It shall be the duty of the City Clerk and Poundmaster. to (1) collect the license taxes and to issue the license and tags herein provided for. (2) To keep a record of each and every license collected and each and every tag delivered. II SECTION IV: Section V, sub- section(a) shall read as follows: No impounded dog shall be redeemed except on payment of pound fee and care and feeding charge for each day or portion thereof during which such dog shall have been impounded. Said fee and charge shall be set from time to time by the City Council by resolution. No dog which is to be kept or harbored within the corporate limits of the City of Lake Elsinore shall be released from the Pound unless, or until it is duly licensed in accordance with the provisions hereof. No unredeemed dog shall be sold for more than the Pound fee plus the cost of care and feeding and, provided, however, that no such dog shall be sold if or while the same is suffering from any infectuous or communicable disease. SECTION V: All references in Ordinance No. 396 to the City of Elsinore are hereby amended to read the City of Lake Elsinore. In all other respects as hereinabove amended, Ordinance No. 396 shall stay in full force and effect. SECTION VI: The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and cause the same to be published in the manner provided by law. ADOPTED by the Mayor and City Council and signed by the Mayor and attested to by the City Clerk this 3rd day of September 1974. s /Norman L. Chaffin ayor ATTEST: /Florene Marshall City Clerk I — Publish September 12, 1974 - -3 1 2 3 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 23 29 30 31 32 ORDINANCE No. 538 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 399 WHICH PROVIDES FOR THE i LICENSING OF BUSINESSES. The City Council of the City of Lake Elsinore does ordain as follows: Section A: Paragraph (f) of Subsection (55) of Section P -6 of Ordinance No. 399 shall read as follows: (f) Other Purposes: For each such machine used for other purposes, including amusement and entertainment, $50.00 per year, which shall be for the purpose of revenue. For amusement centers with over 20 games, the fee will be $1000.00 per year, but the City Council may from time to time set such other amounts by resolution as it deems advisable. This provision shall not be construed to allow or provide for the use of any machine or device prohibited by law. The license fees hereinabove provided are in addition to the license fees required by this ordinance for any other business, occupation, show, exhibition, or game that the same may be conducted in conjunction with', notwithstanding the provisions of Subsection 58 of Section P -6 of this ordinance. Section B: The City Clerk of the City of Lake Elsinore, California, is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published in the manner provided by law. ADOPTED by the Mayor and City Council of the City of Lake Elsinore, California, this 3rd day of September 1974. s/Norman L. Chaffin. Attest: s /Florene Marshall w.City Clerk Mayor j