O 556
ORDINANCE NO. 556
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF ARROYO
GRANDE REPEALING, AMENDING, AND ADDING PROVISIONS TO
TITLES 5, 6, 8, 9,10, AND A PORTION OF TITLE 12 OF THE ARROYO
GRANDE MUNICIPAL CODE
THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOllOWS:
SECTION 1: The following Arroyo Grande Municipal Code Chapters and Sections are
hereby repealed in their entirety:
A. Repeal Chapter 5.44 - Dances and Public Entertainment Activities;
B. Repeal Chapter 5.60 .. Public Exhibitions;
C. Repeal Section 5.72.020.F. (Taxicab) Existing Operations - and renumber
subsections G. through J. accordingly;
D. Repeal Chapter 8.20 - Accumulated Waste Material;
E. Repeal Section 9.04.010 - Solicitors and peddlers-Declaration of nuisance;
F. Repeal Section 9.16.030.G. - Exceptions to noise standards and renumber
subsections H. through J. accordingly;
G. Repeal Section 12.20.020 - Camping.
SECTION 2: The following Arroyo Grande Municipal Code Chapters and Sections are
hereby amended to read as follows:
A. Amend Section 5.02.060 - Specific business license fees.
The following specific business,U will be charged at a separate rate
established by city council resolutibn:
a. Billboards;
b. Commercial auctions;
c. Hospitals and rest homes;
d. Motels and hotels;
e. Public utilities;
f. Taxicabs;
g. Trailer parks and mobile home parks;
h. Contractors;
i. Circuses: and
j. Bazaars and streets fairs.
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PAGE 2
B. Amend Section 5.02.080.A. - Business license approval process.
A. Each business license application for a business to be conducted
within a building shall be approved by the buildina, fire, health and planning
communitY develoDment departments to ensure conformance with existing
zoning, building fire, health, and other public safety laws.
C. Amend Section 5.16.010 - Hours of closing.
All public places where games are played with saFEis, pool balls, billiards,
pins, dice, or bowling balls shall be promptly closed at eleven p.m.; provided,
however, such places may close at twelve midnight on Saturdays.
D. Amend Section 5.36.020 - Circuses and similar shows.
Such businesses shall pay a license fee of seventy Elella.. ($70.00) per
~ as established bv city council resolutiqn; provided, however, no person
shall conduct or carry on such business within the city without first having
obtained a special permit therefore from the council. .
E. Amend Section 5.36.030. Bazaars and street fairs.
Every person engaged in the business of exhibiting, conducting, managing
or operating a privately owned business (as ElefineEl in 8estieA 1.04 .01 Q)
bazaar shall pay a license fee as foll&,(18 established bv city council resolution
for.
A. Small bazaars, which consist of one to four displays or exhibits.
shall pay a liaeAse fee 9f foYFteen dallaFS ($1 ~ .(0) per Elisplay per &\fel)'
avo Elaya.
B. Large bazaars, which consist of five or more displays ~,
shall pay a liaeAse fee of seventy dellaF8 ($70.00) per day.
No person shall conduct or carry on such business on any public property
or public right-of-way (streets and sidewalks) within the city without first
having obtained a bYilEliAg IiGeFlse permit anEl approval therefor from the
council.
F. Amend Section 5.52.070.A. by adding a new subsection 8. and renumbering
existing subsection 8. to subsection 9. as follows:
8. The filming activitY will create an unreasonabl~jnterruDtion/disruD~
to a neighborhood.
i.i. Any other set of specific facts, circumstances and conditions that, in
the discretion of the Arroyo Grande police department, are determined to
present or result in a situation incompatible or inconsistent with the
proposed filming activity.
G. Amend Section 5.52.110. Insurance Required.
The applicant for a film permit shall procure and maintain, for the duration
of the film activity, insurance in the forms, types and amounts prescribed
by the city aElministrater manaaer as approved by the city attomey.
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PAGE 3
H. Amend Section 5.52.140. Street closure.
The applicant for a film permit may request that the city authorize a street
closure on the film permit application. A short-term encroachment permit
shall be granted by the city administfator manager, his or her designee, or
by the chief of police, unless public health, welfare or safety would be
endangered or affected.
Amend Section 5.52.170.A. Appeals.
A. The permit applicant or permittee may appeal a permit denial,
revocation or suspension, permit condition, insurance/fees requirement or
the Arroyo Grande police department's decision not to waive a deadline
set forth in the policy. Such appeal shall be filed with the city
a manager's office not later than five business days after the
date written notice of the decision is made. Failure to timely file an appeal
shall result in a waiver to the right to appeal. The appeal shall be heard by
the city administratec manager or his or her designee.
J. Amend Section 5.72.090.B.1. Taxicab drivers- permits.
B.1. The name, , age, residence, and last previous
address, - - - - - • - - - --•e - - -- - - - - - - - - - - _ - e- - - - -' ;
and
K. Amend Section 5.72.130.B. Taxicab stands.
B. No owner or driver of any taxicab shall park a taxicab on any public
street ' for the purpose of soliciting business
other than at the stands designated by the council.
L. Amend Section 6.12.050. Animals and poultry at large.
No person shall allow or permit animals or poultry they own,-ether-than
heusehold-pets, to run at large upon any public street or place or to trespass
upon the property of another. This provision shall not be construed as
permitting the running at large of any household pets who are restricted by
the provisions of this title or by any law applicable thereto.
M. Amend Section 6.12.080. Reporting of bites.
All persons bitten and the parents or guardians of minor children bitten by
a dog, cat, skunk, fox, bat, coyote, bobcat, or other animal of a species
subject to rabies should shall notify the department within twenty-four hours of
the next department business day. Physicians treating such bites and other
persons having knowledge of such bites shall also be required to make such
notification.
N. Amend Section 8.12.020. Emergency defined.
For the purposes of this chapter, "emergency" means the actual or
threatened existence of conditions of disaster or of extreme peril to the safety
ORDINANCE NO. 556
PAGE 4
of persons and property within the city caused by such condition as air
pollution, fire, flood, storm, epidemic, riot or earthquake, acts of terrorism, or
other conditions, including conditions resulting from war or the imminent
threat of war, but other than conditions resulting from a labor controversy,
which conditions are or are likely to be beyond the control of the services,
personnel, equipment and facilities of the city, requiring the combined forces
of other political subdivisions to combat.
O. Amend Section 8.12.030. Disaster council - membership.
The Arroyo Grande disaster council is created and shall consist of the
following:
A. The mayor director of emeraencv services,. who shall be the
chairperson;
B. The dir-eclor of emergen&y serviooG,. who shall be tho vice
chairf>oFSon One member of the city council;
C. The assistant director of emergency services, who shall be the
vice-chairoerson;
D. Such chiefs of emergency services as are provided for in the
current emergency plan of the city adopted pursuant to the provisions of
this chapter; and
E. Such representatives of civic, business, labor, veteran,
professional, or other organizations having an official emergency
responsibility as may be appointed by the director of emergency services
with the advice and consent of the city council.
P. Amend section 8.24.010.B. General obligation - Safety and care.
The 'Jarious departments of the city af8 is authorized to remove or abate
or cause the removal or abatement of the effects of any hazardous material
release, or threatened release, discharge or deposit, when such action would
be appropriate and cons,istent with achieving the general obligation for
protecting public health, safety and welfare as an emergency matter to protect
life, property or the environment.
Q. Amend Section 8.24.050. Computation and recovery costs.
The costs referred to in Section 8.24.020(A) and (B) shall include in
addition to the city's direct out-of-pocket expenses, the cost of all city
personnel, administrative costs. and equipment engaged in such actions
computed, in accordance with the city's standard accounting procedures.
R. Amend Section 8.28.010. Public nuisances - Abatement.
Any structure, fence, conduit, wall, tree, shrubbery, masonry, pipe, lumber,
or other material which obstructs, or constitutes a hazard to, the free flow of
water throygh in a stream, creek. drainage channel, ditch. or watercourse is
declared to be public nuisance. Any such public nuisance may be abated
under the direction of the director of public works fifteen (15) days after he or
she has caused a notice of the hazardous condition to be mailed to the
concerned property owner or owners as required by Government Code
Section 3873 State law.
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PAGE 5
s. Amend Section 8.28.030. Installation - Approval.
Any and all drainage improvements on private property. which directlv or
indirectlv imDact a Dublic drainace facilitv. shall be approved by the director of
public works prior to installation. Failure to secure such approval shall render
such improvements subject to the public nuisance abatement procedure set
forth in this chapter.
T. Amend Section 8.32.020. Definitions. Amend the definitions of "Drop box" and
"Solid Waste" as follows:
"Drop Box" also known as a roll-off container, means a solid waste container
satisfying the requirements of Section 8.32.060.
"Solid Waste" means all putrescible and non putrescible waste, including, but
not limited to, animal feces, food waste, waste paper, garbage, cardboard,
rags, refuse, household ashes, wearing apparel, household goods, wooden
containers, and all worthless, useless, unused, rejected or castoff solid or
semi-solid matter and commercial and construction waste, eXGll:JdiAg includinc
recyclable materials, hazardous materials and yard refuse as defined in this
section.
U. Amend Section 8.32.050.B. Clearing of waste matter, debris and vehicles
from private property.
B. The notice shall describe the work to be done and shall state if the work is
not commenced within five days after receipt of notice and diligently
prosecuted to completion without interruption, the community development
director shall dispose of the solid waste and the cost thereof shall be a lien on
the property. The notice shall be sl:Jbstantially iA the following fOFFA:
NOTICE TO REMOVE '1'1 ASTE MATTiR
The o':!ner of the property desGFibea as
follo'f16: oommonly kR<Y:IR as
is heF9by oFder~d to pr~poFly dispose of the ....~ste
matter IOGatea OA the propeRY, to 'Nit: V.~ithiR
five (5) daye from the sate tJ:1eF9of. If the disposal of the '...~&te matter
herein . indiGates is AOt oommeAced and diligeAtly prosee~ted to
oompletion 'J:itt:tiA tt:te time fixes t:teF9iA, the Cemml:Jnity Development
DireGtor of tt:te City of AFFOyo Grande shall OOl:lse SI:JGt:t sispesal to be
done; aAd the cost thereof, inGll:Jding aAY incidental expenses, will be
made a lien I:Jpon said property, pl:JF81:J8nt to the provisions of OFdin8nce
No. 473 C.S. of the City of AFFOyo Grande. Estimated Cost of Disposal
$ Date Community De~..elopment
DireGtor of the City of I',FFOyo Granae
V. Amend Section 8.32.050.E. Clearing of waste matter, debris and vehicles
from private property.
E. When the city has effected the removal of such waste matter, or has paid
for its removal, the actual cost, includinc administrative cost, thereof plus
ORDINANCE NO. 556
PAGE 6
accrued interest at the rate of six percent per year from the date of the
completion of the work shall be charges to the owner of such property and the
owner of his or her agent shall be billed therefor by mail if not paid prior
thereto. The bill shall apprise the owner that failure to pay the bill will result in
a lien.
w. Amend Section 8.32.060.B. Solid waste containers.
B. Receptacles shall be made of metal or plastic if barrols, or plastiG of bags,
and of sufficient strength to prevent them from being broken under ordinary
conditions. They shall have a maximum capacity of ninety-six (96) thirty Wo'O
~ gallons with outside handles, unless issued by the oolleGtor, and shall not
exceed eighty (80) pounds when filled. Receptacles shall oe eqYippea '.vith a
"efFAiR aRd aRimal resistaRt Go~:er or seal, '/IhiGh shall oe Ytilized at all times,
and side handles if metal or plastiG oarr.els. Receptacles shall be in a
condition such that their contents can be fully enclosed and such that they
shall stand upright and leave no sharp, jagged, or otherwise dangerous
comers or edges.
x. Amend Section 8.32.130. Condition of collection trucks.
Every truck used by a franchise in the collection and removal of solid
waste shall be kept in good reDair. well painted, clean inside and out.
Y. Amend Section 8.32.170.B. Recycling and recyclable materials - Findings.
B. The city council RaG has determined that it is in the best interests of the
city to promote said recycling through the use of a recycling franchisee.
z. Amend Section 8.32.300.A. Enforcement.
A. The community development director oRd the poliGe depaFtmeRt are
specifioolly reqYir.ed to shall enforce the provisions of this chapter~ aRg shall
hB\'e the right to eRter BRY aAd all premises for the pYFP9Se of EtetermiRiRg
whetf:ler the pFovisioRS of this Ghapier aro oeing ooRfofFAed with, sAd RO
peF60R shall deRY or oostNet such entry.
AA. Amend Section 8.44.030. Inspection by fire chief - Notice to remove.
It is the duty of the fire chief. or his/her desianee. to make periodical
inspections of all property, lands and lots in the city, and whenever or
wherever he or she shall find any weeds, grass, or other material likely to
become ignited, he or she shall give notice to remove such weeds, grass,
rubbish, or any other easily combustible material as provided in Section
8.44.040.
BB. Amend Section 8.44.040.B. Notice to remove - Form- Posting - Service.
B. Mailing. A copy of sush Aotice As an alternative to DOstina. notice in the
form reauired shall also be sent by mail to the property owner as shown on
the last equalized assessment roll.
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PAGE 7
CC. Amend Section 9.04.020.B. Alcoholic beverages.
B. Alcoholic Beverage Service and Consumption Prohibited in Certain Areas.
It is unlawful for any person to serve or consume any alcoholic beverage, as
defined in Section 23004 of the Business and Professions Code of the state,
upon any street, highway, alley, sidewalk, parking lot, city building, park, or
recreational facility within the city. This section shall not be deemed to make
punishable any act or acts which are prohibited by any law of the state.
Service and consumption of alcohol may be permitted at the City of Arroyo
Grande ComRu:lAity Center and 'Nomen's Club builEting Woman's Club and
Community Center. South County Historical Society Museum. and Santa
Manuela School sites upon issuance of. an alcoholic beverage service and
consumption permit issued by the parks and r:esreatioFt dir~stor chief of
DOlice.
DD. Amend Section 10.12.010. Obstruction of visibility of driveways or
intersections.
1Ft any R distAst, aAny hedge, shrubbery, tree, fence, or other obstruction
growing, erected or maintained in a parkway or on private property in the
vision triangle, as defined in Section 10.12.020 of this chapter, which hazard
obstructs the view of any driveway or intersection, or any traffic upon the
streets approaching such driveway or intersection, is declared to be a public
nuisance. Such hazards may include any structure, fence, landscaping, or
other obstruction more than two feet in height above the level of the sidewalk
or ground elevation, whichever is higher, in an area called the vision triangle,
except that trees may be allowed when no foliage is closer to the ground than
seven and one-half feet unless otherwise approved.
EE. Amend Section 10.16.090. Parking trucks in public rights-of-way in residential
areas.
It is unlawful to park or cause to be parked, within a public right-of-way in
any residential area of the city, or in any area specifically designated by
resolution of the council in accordance with Section 10.16.050, any
commercial vehicle. as defined bv California Vehicle Code Section 260(a) and
which has witR a gross weight eaual to or in excess of ten thousand (10,000)
pounds or any commercial trailer or semi trailer. as defined. bv California
Vehicle Section 260 (a) with an overall length of twenty (20) feet or more.
FF. Amend Section 10.36.020. Reckless use prohibited.
No person shall use or operate any wheeled toy upon any sidewalk, public
street, public parking lot, or private parking lot, 'I:hen such private par:kiFtg lot
is posted by ttle OWRer, within the city, including riding in tandem, towing or
being towed, and engaging in racing or in any form of trick riding, in willful or
wanton disregard for the safety of persons or property. Any person found in
violation of the provisions of this section may be subject to citation and/or
impoundment of his or her wheeled toy.
ORDINANCE NO. 556
PAGE 8
SECTION 3: The following Arroyo Grande Municipal Code Chapters and Sections are
hereby added to read as follows:
A. Add 8.32.150.C.
C. No solid waste, recyclable material, or yard waste, shall be burned in
allowable areas without first obtaining a bum permit.
B. Add Section 9.04.020.C.
C. No person shall have in his or her possession, in. any public place, any
open bottle, can or other receptacle containing any alcoholic beverage with
the intent to consume any of the contents thereof in any public place not
licensed for the consumption of alcoholic beverages in or on said place.
C. Add Section 9.04.040. Public nudity - prohibited.
a. No person shall appear, bathe, sunbathe, walk, dress or undress, or ride
in or on any vehicle, or be in any park, playground, public place, or on any
public land or on any private property open to view from any public area or
public right-of-way in such a manner that the genitals, pubic hair, buttocks,
anus, anal regions, natal cleft, perineum, or pubic hair region of any
person, or any portion of the breast at or below the upper edge of the
areola thereof of any female person, is exposed to public view or is not
covered by' an opaque opening.
b. The provisions of this section shall not apply to children under the age of
ten (10).
D. Add Chapter 9.18 - Dances and Public Entertainment Activities.
9.18.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the
context, certain words and phrases used in this chapter are defined as
follows:
"Private dance" means a gathering of persons in or upon any premises,
except a private residence, where dancing is participated in either as the main
purpose for such gathering or incidental to such gathering in connection with
a reception or social gathering.
"Public dance" means a gathering of persons in or upon any premises
where dancing is participated in as the main purpose for such gathering and
to which premises the public is admitted.
"Public dance hall" means a place where dancing is conducted for profit
and/or to which the public is admitted, whether with or without charge.
"Public entertainment activity" means any music concert, music festival,
rock concert, rock festival, dance or combination thereof, attended by over
fifty (50) persons, whether or not admission is charged.
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PAGE 9
9.18.020 Permits required.
It is unlawful for any person to conduct or assist in conducting any private
dance where the attendance exceeds fifty (50) persons, public dance, public
dance hall, or public entertainment activity in the city without first having
obtained a written permit so to do from the chief of police.
9.18.030 Permits-Applications.
The permits required by the provisions of Section 9.18.020 shall be issued
only upon the written application of the applicant. Such application shall set
forth the following information:
A. The name and residence address of the applicant or applicants; if
the applicant shall be a firm, association or corporation, the names and
residence addresses of the persons constituting the same or the names and
residence addresses of the officers and directors of the same;
B. The specific place for which the permit is desired or for which any
dance, dances, or public entertainment activities are to be held; and
c. The number and date of the dance, dances, or public entertainment
activities to be held pursuant to such permit.
9.18.040 Permits-Issuance and denial.
A. The permits required by this chapter shall be issued by the chief of
police.
B. Prior to the granting of a permit, pursuant to the provisions of this
chapter, the chief of police shall review the application and make a
determination regarding the need for security officers who shall be security
officers or security guards licensed by the state and employed by a company
holding a valid city business license or off-duty sworn police officers. The
chief of police may place a limit on the number of tickets which may be
distributed by the permittee or public entertainment activity.
c. If conditions are imposed or security is required, the applicant shall
furnish proof to the police department that all conditions have been met
before a permit may be issued.
D. No permit shall be approved pursuant to the provisions of this
chapter until the chief of police shall be satisfied that the conduct of such
dance, dance hall, or public entertainment activity will not interfere with the
public welfare, and for that purpose the council may consider any fact or
evidence bearing on the place where the proposed dance, public dance hall,
or public entertainment activity is to be located or bearing upon the character
and moral fitness of the persons conducting or assisting in conducting such
dance, public dance, public dance hall, or public entertainment activity.
9.18.050 Public dance and entertainment license fees.
The license fee for public entertainment activities shall be as established
by resolution of the city council. The chief of police may waive such license
fee for any dance or public entertainment activity by an organization or
individual, the main purpose of which is to raise funds for charity.
ORDINANCE NO. 556
PAGE 10
9.18.060 Suspension and revocation.
The chief of police may suspend the operation of, and close, any public
entertainment activity prior to the expiration of a permit granted therefor
because of the violation of any provision of this chapter or any condition of
such permit.
Any permit issued pursuant to the provisions of this chapter may at any
time be revoked by the chief of police when, in the opinion of the chief of
police, the conduct of such dance, public dance hall, or public entertainment
activity interferes with the public welfare or when it is conducted in an illegal,
improper or disorderly manner.
9.18.070 Investigations by the chief of police.
It shall be the duty of the chief of police to investigate all facts and
evidence bearing on the location of any dance, dance hall, or public
entertainment activity and the character, reputation and fitness of the persons
who will be in charge, prior to issuance of the permit.
9.18.080 Rules of conduct- chief of police determinations.
The chief of police may make rules and impose conditions covering the
operation and conduct of any . dance, public dance hall, or public
entertainment activity for which a permit is required.
The chief of police may limit the time, method, and manner of conducting
any public dance, public dance hall, public entertainment activity, or private
dance where the attendance exceeds fifty (50) persons.
9.18.090 Permits-Nontransferability.
No permit granted pursuant to the provisions of this chapter shall be
transferable to another person, location or entity.
9.18.100 Exceptions to provisions-School dances.
The provisions of this chapter shall not apply to any dance located entirely
on school grounds with the permission of the school authorities.
D. Add Section 9.20.092.
9.20.092. Music ~hall not disturb peace. It shall be unlawful to conduct or
allow to be conducted a party that has a present band, orchestra, radio,
phonograph, or any other electronic sound reproduction and/or amplification
device/system between the hours of 10 p.m. and 8 a.m. that produces sound
in volume sufficiently loud to disturb the peace, quiet, or repose of persons or
ordinary and normal sensitivity in the neighborhood. The operation of any
such equipment in such a manner as to be plainly audible either at a distance
of fifty (50) feet from the location of the party or from inside a neighboring
residence shall be prima facie evidence of a violation of this section.
E. Add Section 9.20.094:
ORDINANCE NO. 556
PAGE 11
9.20.094. loud boisterous noise or commotion unlawful. It shall be unlawful to
conduct or allow to be conducted a party where there is loud or boisterous
noise or commotion between the hours of 10 p.m. and 8 a.m., if such noise is
sufficiently loud to disturb the peace, quiet, or repose of persons of ordinary
and normal sensitivity in the neighborhood. Such noise or commotion that can
be plainly heard either at a distance of fifty (50) feet from the location of the
party or from inside a neighboring residence shall be prima facie evidence of
a violation of this section.
F. Add Chapter 9.22 - Camping.
9.22.010. Definitions.
For the purpose of this chapter, the following terms shall have the meaning
defined in this section:
"Camp" means the use of camping facilities such as tents, tarpaulins or
temporary shelters, the use of nonpublic cooking facilities and similar
equipment or the use of cots, beds, sleeping bags, or hammocks.
"Camping trailer" means a vehicular portable unit mounted on wheels and
constructed with collapsible partial sidewalls which fold for towing by another
vehicle and unfold at the campsite and designed for human habitation.
"Motor home" means a vehicular unit built on or permanently attached to a
self-propelled motor vehicle chassis, chassis cab or van, which becomes an
integral part of the completed vehicle, designed for human habitation.
"Overnight" includes the hours between one-half hour after sunset and
sunrise the following day.
"Recreational vehicle" includes a motor home, slide-in camper, travel trailer,
truck camper, or camping trailer, with or without motor power, designed for
human habitation.
"Slide-in camper" means a portable unit, consisting of a roof, floor and sides,
designed to be loaded onto and unloaded from the bed of a pickup truck, and
designed for human habitation and shall include a truck camper.
"Travel trailer" means a portable unit, mounted on wheels, of such size and
weight as not to require special highway movement permits when drawn by a
motor vehicle and designed for human habitation.
9.22.020. Prohibition.
Except as provided in Sections 10.28.020 and 10.28.040, or in Section
9.22.030, it is unlawful for any person to camp overnight or to occupy any
recreational vehicle overnight:
1. In any public park not specifically posted or designated for camping;
2. In any public open space, playground, or creekbed;
3. On any public street, right-of-way, parkway or alley;
4. In any parking lot, public or private; or public area, improved or
unimproved;
5. On any vacant parcel or property located within the city;
6. In any cemetery, public or private;
7. At any bus station or in any bus station
ORDINANCE NO. 556
PAGE 12
9.22.030. Exceptions.
Limited ovemight camping or overnight occupancy of a recreational vehicle
may be permitted for designated community activities subject to the approval
of the chief of police. Such limited overnight camping and/or recreational
vehicle use shall be for a maximum of five (5) days.
F. Add Chapter 9.24 - Public Exhibitions.
9.24.010 Definitions.
For the purpose of this chapter, certain words and phrases used in the
chapter are defined as follows:
"Gun exhibitionH means any public exhibition where the primary purpose is
the exhibition of guns, knives and/or related articles.
"Open to the publicH means where the public is admitted, whether with or
without charge.
"Property" means any property, items, products, collections (whether in
whole or in part), precious metals and/or stones, antiques, services and/or
any tangible personal property.
"Public exhibitionH means any exhibition, show and/or display which is
open to the public for purposes of exhibiting and the trading, selling and/or
buying of property.
9.24.020 Permits required.
It is unlawful for any person to conduct or assist in conducting any public
exhibition or gun exhibition in the city without first having obtained a written
permit to do so from the chief of police. Violation of this section is a
misdemeanor.
9.24.030 Permit applications.
The permits required by the provisions of Section 9.24.020 of this chapter
shall be issued only upon written application of the applicant(s). Such
application shall set forth the following information:
A. The name and residence address of the applicant(s); if the
applicant is a firm, association or corporation, the names and residence
address of the person constituting the same or the names and residences of
the officers and directors of the same;
B. The specific purpose for which the permit is desired; and
C. The specific date(s) and location where the public exhibition or gun
exhibition will be held.
9.24.040 Permits-Issuance, conditions and denial.
A. The permit required by this chapter shall be issued by the police
department.
B. Prior to the granting of a permit pursuant to the provisions of this
chapter, the chief of police shall review the application and may impose
conditions, including, but not limited to, hours of operation, restricting or
prohibiting alcoholic beverages at the location of the exhibition and/or the
requiring of security officers licensed by the state of California and employed
ORDINANCE NO. 556
PAGE 13
by a company holding a city business license or city police officers contracted
from the police department to provide security services.
c. If conditions are imposed, the applicant shall furnish proof to the
police department that all conditions have been met before a permit may be
issued.
D. The chief of police shall refuse to issue a permit for any of the
following reasons:
1. The application required under Section 9.24.030 of this chapter is
incomplete;
2. The issuance of the permit would be detrimental to the health,
safety and welfare of the citizens of the city.
9.24.050 Public exhibition fees.
The permit fee for public exhibitions and gun exhibitions shall be
established by resolution of the city council. The counoil chief of DOlice may
waive such permit fee for an activity by an organization or individual, the main
purpose of which is to raise funds for charity.
9.24.060 Inspection;
Members of the Arroyo Grande police department shall have the right to
inspect a locatipn where an event is being conducted pursuant to a permit,
which has been i$sued as required by this chapter, to ensure compliance with
all the requirements imposed upon the permittee as a condition of the
issuance of the permit and to ensure compliance with all applicable local
ordinances and state laws. Refusal to permit such an inspection is a
misdemeanor.
9.24.070 Suspension and revocation.
The chief of police may suspend the operation of, and close, any public
exhibition or gun exhibition activity prior to the expiration ofa permit granted
therefore because of the violation of this chapter or any condition of such
permit.
G. Add Section 10.36.022.
10.36.022. Private property, prohibited. No person shall use or operate any
wheeled toy upon any private property, private drive, private walkway or other
private property in the city when such private property is posted to prohibit
such use and operation by the owner of the property or by the owner's
designated agent.
SECTION 4: 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 5: This ordinance does not affect prosecutions for ordinance violations
committed 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.
ORDINANCE NO. 556
PAGE 14
SECTION 6: 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 Services/Deputy 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.
SECTION 7: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
On motion of Council Member lubin, seconded by Council Member Runels, and on the
following roll call vote to.wit:
AYES: Council Members lubin, Runels, Dickens, Costello and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 26th day of October, 2004.
ORDINANCE NO. 556
PAGE 15
~/
TONY ARA,MAYOR
ATTEST:
APPROVED AS TO CONTENT:
k~
S V N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
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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 is a true, full, and
correct copy of Ordinance No. 556 which was introduced at a regular meeting of
the City Council on October 12, 2004; was passed and adopted at a regular
meeting of the City Council of the City of Arroyo Grande on the 26th day of
October, 2004; and was duly published in accordance with State law (G.C.
40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th
day of October, 2004.
! J
l ~ /UOfLf-
E, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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