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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GRANDE DOES ORDAIN AS FOllOWS: SECTION 1: The following Arroyo Grande Municipal Code Chapters and Sections are hereby repealed in their entirety: A. Repeal Chapter 5.44 - Dances and Public Entertainment Activities; B. Repeal Chapter 5.60 ..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. ORDINANCE NO. 556 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. ORDINANCE NO. 556 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. ORDINANCE NO. 556 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. ORDINANCE NO. 556 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. ORDINANCE NO. 556 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: --.-- -- 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 -- -.------