O 524 C.S.
ORDINANCE NO. 524 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REPEALING OR AMENDING OBSOLETE, SUPERSEDED
AND/OR UNCONSTITUTIONAL ORDINANCES AND PORTIONS
THEREOF IN THE CITY OF ARROYO GRANDE MUNICIPAL CODE
THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOllOWS:
SECTION 1: The following Municipal Code Sections are hereby repealed:
A. Repeal Section 3-3.217 - Severability; and Section 3-3.218 - Repeals
(Sales and Use Taxes).
B. Repeal Article 6, Chapter 3, Title 3 - Utility Users Tax.
.C. Repeal Sections 3-1.413(b), (c), and (d). - (Games of chance).
D. Repeal Section 5-4.19 - Application to sales conducted on effective date
of chapter.
E. Repeal Section 5-17.10 - Music shall not disturb peace; and Section 5-
17.11 - loud. boisterous noise or commotion unlawful.
F. Repeal Chapter 8, Title 4 - Private Patrol' Services.
G. Repeal Section 6-1-60 - Violations (Animals).
H. Repeal Chapter 3, Title 6 - Food and Drink Establishments.
I. Repeal Section 5-7.01 - Hours of operation in public places.; and Section
5-7-02 - DisturbinQ the peace.
J. Repeal Chapter 5, Title 5 - Minors.
K. Repeal Chapter 14, Title 5 - Sales of DruQ Paraphernalia to Minors.
L. Repeal Section 4-4.01 - FirinQ Unlawful.
M. Repeal Section 4-7.02 - Issuance of licenses; 4-7.03 License plates; 4-7.10
- One person onlv; 4-7.11 - HoldinQ onto or puHinQ other vehicles; 4-7.12
- Traffic siQnals and siQns; and 4-7.13 - LiQhts at niQht (Bicycles)
N. Repeal Section 8-4.01 - Fire Zone Number Three.
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ORDINANCE NO. 524 C.S.
PAGE 2
O. Repeal Section 8-8.03 - Amendments: Section 202(d) Uniform
Administrative Code; and Section 8-9.04 - Amendments: Section 202(d)
Uniform Administrative Code (duplicate provisions)
P. Repeal Sections 10-1.06(e); 10-1.06(h); 10-1.06(k) - Parks and Recreation
Commission: Powers and Duties
SECTION 2: The following sections of the Municipal Code are hereby amended:
A. Section 2-6.07 - Assianment of eQuipment. Amend to read as follows: "The
duty officer in charge of the Department shall have the power to assign
equipment for responses to calls for assistance outside the City, in
accordance with the provisions of Section 2-6.12 of this chiler, and in
other cases only when the absence of such equipment will minimize
protection in the City."
B. Section 2-6.09 - Inspections of buildinas. Amend to read as follows:
"Inspections of buildings shall be as provided by Chapter 2 _ of this
Code or as otherwise provided in this Code for the regulation of inspections
of buildings for fire prevention purposes."
C. Section 10-1.06(c) - Parks and Recreation Commission: Powers and
Duties. Amend to read as follows: Meet with the Council in April and in
October of each year to discuss proposed policies,
programs, budgeting, future needs, or other matters requiring joint
deliberation.
D. Section 10-2.04(k) - Recreation Director - Powers and duties. Amend to
read as follows: Prepare a recreation budget and, with the cooperation of
the Director of Public Works, a park budget for the approval of the Parks
and Recreation Commission and the City Council.
E. Section 3-3.412 - Exemptions. Amend to read as follows: "In conformance
with the State Revenue and Taxation Code Sections 11926 through 11929
_, the following shall be exempted from any tax imposed pursuant to
the provisions of this article:., ."
F. Section 3-1.209 - License fees: Debt to City, Amend to read as follows:
"The amount of any license fee imposed pursuant to the provisions of this
chapter shall constitute a debt to the City, and any person engaging in
business in the City without having a license from the City or with unpaid
license fees shall be subject to an action in the name of the City in any
court of competent jurisdiction for the collection of the amount of the license
_osed by the provisions of this chapter, in addition to any common
procedures."
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ORDINANCE NO. 524 c.s.
PAGE 3
G. Section 3-1.303 - License fees: Exemptions: Disabled veterans. Amend to
read as follows: "Disabled war veterans shall be entitled to receive a free
license for peddling or soliciting provided such persons first exhibit to the
Finance Department evidence of such character as shall satisfy the
Finance Director that the veteran applying therefor has received an
honorable discharge from the United States armed servicesl and evidence
of the service connected disability."
H. Section 3-1.305(a) - License fees: Exemptions: Other. Amend to read as
follows: "(a) Banks, including national banking associations to the extent
provided in subsection (a) of Section 27 of Article XIII of the Constitution
of the State;"
I. Section 3-1.418 - Solicitors. peddlers. and itinerant vendors. Amend to
read as follows: "Any person either employing or contracting with one or
more individuals to have such individuals solicit monetary contributions or
the retail sale of any goods, wares, merchandise, services, or other things
of value for future delivery or t9 . himself solicit monetary contributions
or selll or peddle! such goods, wares, and merchandise within the City,
and who does not have a regularly established place of business within the
City, shall obtain a principal's solicitor or peddler license and pay a license
fee in the amount of Seventy and no/10Oths Dollars ($70.00) for the
principal and one solicitor or peddler per year, plus Twenty and no/10Oths
Dollars ($20.00) for each additional solicitor or peddler per year.
J. Section 5-12.09 - Violations: Public nuisances.. Amend to read as follows:
"Any person or organization violating any of the provisions or failing to
comply with any of the mandatory requirements. of this chapter shall be
guilty of a misdemeanor. Any person or organization cOR\ficted of a
misdemeanor under the provisions of this chapter shall be pYRist:lable by
a fine of not more than Fiye Hundred and no/10Oths ($500.00), or by
imprisonment in the County Jail for a period not ~eediRg six (6) mGnths,
or by both such fine and imprisonment. Each person or organization shall
be guilty of a separate offense for each and every day during any portion
of which any violation of any provision of this chapter is committed,
continued, or permitted by such person or organization and shall be
punishable accordingly.
K. Section 5-17.04 - Police Entertainment Permit. Amend to read as follows:
"No person shall conduct or allow to be conducted a party where admission
is charged without first having obtained a Police Entertainmen1 Permit as
defined in Section 5-3.01 of this Code, except, however, that the provisions
of this section shall not apply to fund raising activities by charitable,
religious, or nonprofit organizations as designated in Sections 3-1.301 aA9
3 1.303 of this Code."
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ORDINANCE NO. 524 c.s.
PAGE 4
L.
M. Section 6-10.03(a)(1) - Hazardous Materials. Amend to read as follows: "A
waste or substance that is hazardous according to the criteria set forth in
Article 11 (commencing with Section 66693) of Chapter 30 of Division 4,
Title 22 of the California Administrative Code, or any hazardous substance
as defined in either Section 25280 _, Section 25316 or Section 25400
of the Health and Safety Code; .."
N. Section 4-10.03 - Notices to abate public nuisances. Amend to read as
follows: "Whenever the Director of Public Works, following review by the
Traffic Commission, finds a public nuisance to eXist, as set forth in Section
4-10.01 of this chapter, such public nuisance may be abated under the
direction of the Director of Public Works fifteen (15) days after he/she has
caused a notice of a hazardous condition to be mailed to the concerned
property owner, as required by Government Code Section 3873 _."
O. Section 4-5.05 - Failure to remove: Performance of work bv City: Costs:
Lien. Amend to read as follows: "Should such owner or occupant fail,
refuse, or naglect to remove such weeds, grass, rubbish, or other easily
combustible material within such time as may be prescribed, the Fire Chief
may employ labor and equipment to have the same done under his
direction at the expense of the City and upon the payment of the cost by
the City. Such owner of the property shall be indebted to the City for the
. cost thereof, and there shall be created a lien against such property in an .
amount equal to all costs involved in such work. In an action to recover the
costs thereof, the Qty shall be entitled to recover in such
action a reasonable attorney's fee to be fIXed b the court
in addition to the costs of such work.
P. Section 4-3.03 - Parallel and anole parkino. Amend to read as follows:
"The operator of a vehicle shall not stand or park such vehicle in a roadway
other than parallel with the curb and with the two 2 ri ht-hand wheels of
the vehicle within one foot of the regularly
established curb line, except that upon those streets...."
a. Section 4-7.01 - Licenses Reauired. Amend to read as follows: "It shall be
unlawful for any citizen of the City to operate or use a bicycle propelled
wholly or in part by muscular power upon any of the streets, alleys, or
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ORDINANCE NO. 524 C.S.
PAGE 5
public highways of the City without first obtainin from the Police
~rtment a license to do s
R. Section 4-7.14 - Penalties for violations. Amend to read as follows: "Each
person violating any of the provisions of this chapter shall, upon conviction
thereof, be punished by a fine of not more than T\venty five and 00.1100#18
($25.00) DollafS or by imprisonment in the County Jail for not msre thaFl ten
(10) days, or by both such fine and imprisonment, and any pefSon
defaulting in the payment of any fine shall be imprisoned one day for eaoh
five and nol10Oths ($5.00) Dollars of such fine remaining unpaid. .
. . The Court may, in lieu of or in addition to such fine and
imprisonment, prohibit the operation upon the streets, alleys, and public
places of the City, for a period of not to exceed thirty (30) days, of the
bicycle used in such violations, in which event the bicycle so used shall be
impounded with the Police Department and retained there for the prohibited
period.
S. Section 6-8.02(b) - Definitions. Amend to read as follows: "Community
water supply well" shall mean a water well for domestic purposes in
T. Section 8-3.03 - Prohibited structures: Removal. Amend to read as follows:
"Any advertisin.cture or sign that is in violation of the provisions of
Section 8 6. 02 of this chapter. . .."
U. Section 8-3.04 _ptions. Amend to read as follows: "The provisions of
Section 8 6.02 of this chapter...."
V. . Section 8-1.06 - Amendments: Section 202( d) Uniform Administrative
Code. Section 202(d) Stop Orders of said Uniform Administrative Code is
amended to read as follows: Sec. 202(d) StoP Orders. Whenever any work
is being done contrary to the provisions of this code and the technical
codes, or in violation of any other code of city ordinance, the Building
Official may order the work stopped by notice in writing, served on any
person(s) engaged in the conduct or causing such work to be conducted;
and any such person(s) shall immediately stop such work until
authorization is provided by the Building Official to proceed with the work.
If unable to serve such person(s) with a notice, the Building Official shall
post the Stop Order in a prominent place on the site. Such posted notice
shall only be removed by the Building Official or designated representative.
Any person(s) proceeding with unauthorized work after being served or
having a notice posted on his or her (their) job site shall be deemed guilty
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ORDINANCE NO. 524 C.S.
PAGE 6
of a separate offense for each and every day, or portion thereof, during
which such work is being performed.
W. Section 9-13.050(1) - Exempt SiQns. Amend in its entirety to read as
follows: "Political and religious signs which are no larger than sixteen (16)
square feet, placed on private property with the express consent of the
property owner and which comply with all other applicable provisions of this
Chapter. If the political sign pertains to an upcoming election, the sign
cannot be posted sooner than sixty (60) days prior to the election and must
be removed no later than seven (7) days after the election.
SECTION 3: The repeal of an ordinance herein shall not repeal the repealing clause of
such ordinance or revive any ordinance which has been repealed thereby.
SECTION 4: This ordinance does not affect prosecutions for ordinance violations
conmitted prior to the effective date of this ordinance, does not waive any fee or penalty
due and unpaid on the effective date of this ordinance, and does not affect the validity
of any bond or cash deposit posted, filed or deposited prior to the effective date of.this
ordinance.
SECTION 5: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative ServiceslDeputy City Clerk. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council members voting for and
against the Ordinance shall be published again, and the Director of Administrative
Services/Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30) days
after its passage.
On motion of Council Member Runels, seconded by Council Member Dickens, and on the
following roll call vote to wit:
AYES: Council Members Runels, Dickens, Lubin, Ferrara and Mayor lady
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 27th day of February, 2001.
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ORDINANCE NO. 524 C.S.
PAGE 7
MICHA:L~. LA~
ATTEST:
Uf) JU!--
RE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
S~~'~~ITY MANAGER
APPROVED AS TO FORM:
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that the attached Ordinance No. 524 C.S.
is a true, full, and correct copy of said Ordinance passed and adopted at a
regular meeting of the City Council of the City of Arroyo Grande on the 27th day
of February, 2001.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 2nd
day of March, 2001.
lIJfJM--
ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK