HomeMy WebLinkAboutOrdinance 322 -amending Chapters 2,4, and 6 of code ORDINANCE NO. 322
AN ORDINANCE AMENDING CHAPTERS 2, 4, AND 6
OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend certain sections of the City Code in order to remedy
internal ambiguities, clarify existing requirements, codify staff interpretations, omit
redundant terms and provisions, and amend grammatical and other errors.
2. The City Council of the City of Saratoga held a duly noticed public hearing on November 5,
2014,and after considering all testimony and written materials provided in connection with
that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council hereby amends the City Code as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth in Exhibit 1. Text to be added is indicated in bold
double-underlined font(e.g.,bold double-underlined)and text to be deleted is indicated in strikeout
font(e.g.,stiikeo ). Text in standard font is readopted by this ordinance. Text in italics(e.g., italics)
is descriptive only and is not part of the amendments to the City Code.
Section 2. Severance Clause.
The City Council declares that each section,sub-section,paragraph,sub-paragraph,sentence,clause
and phrase of this ordinance is severable and independent of every other section, sub-section,
paragraph,sub-paragraph,sentence,clause and phrase of this ordinance. If any section,sub-section,
paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid,and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act(CEQA)pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance the Code amendments are administrative only will have no impact on the
environment.
Pagel of 34
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 5th day of November,2014,and was
adopted by the following vote on November 19, 2014.
AYES: Mayor Emily Lo,Vice Mayor Howard Miller, Council Member Manny
Cappello, Chuck Page, Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Emily Lo
MAYOR, CITY OF SARATOGA, CALIFORNIA
JEST*
DATE:
l Bothelio
CITY CLERK
APPROVED AS TO FORM: I`
DATE:
Richard Taylor
CITY ATTORNEY
Page 2 of 34
Exhibit 1 -Amendments to Chapters 2, 4, and 6 of the Saratoga City Code
A. Amendments to Cha ter 2
1. Section 2-30.010-Fidelity Bonds
2-30.010 FielZa tyBis
ameui4 as determined by r-eselution of the City Couneii, sueh bond te be eendifiened upon the
faifliful per-93fma-nee of the duties imposed upen the City Manager-and aeti-P19 Cit�,Manager-.
(b) Pufstiant to Seetion 3 6518 of the Government Code,the eer-per-ate s ifety bond Of4he-Qty
Cler-k is fixed at the sum of twenty-five thousand dollars, and the eer-porate R+rety bond of the
City Treasurer-is fixed at the sum of-one hundred thousand de4lar-s, or stieh other-amount as
detefminrid by reseltAien ft -City C
(e) Pursuant to Seetion 37209 of the Gevenmnent Code, the eorperate-s���
Finanee Dir-eeter-is fixed at the sum of one hundred thousand dollars, or sueh other-amou*t-as
detefmined by resolution of the City Getineg.
(d) The Mayer, the leputies of the City Manager-, City Gler-k and
City Treasurer-and all dep"e-nt heads and theif deputies, exelusive of the Gity Clerk and the
bond in the sum of Twenty Five Thousand Dollars, of sueh o4her-amount-as dete"ined by
fesWutiefl of the City Couneil.
fOF sueh bonds shall be
2-50.020 Processing of claims against City.
The City Manager, with the concurrence of the City Attorney, shall be authorized to accept,
settle or reject, without prior approval of the Council, claims against the City that fall under
Division 3.6 of Title 1 of the Government Code or Section 2-50.010 of the Saratoga City Code,
provided that no allowance, compromise or settlement shall exceed thfee ten thousand dollars.
Upon the written order of the City Manager and written concurrence of the City Attorney, the
Finance Director shall cause to be issued a warrant upon the treasury of the city in the amount for
which a claim has been allowed, compromised or settled. The City Council shall be notified
within ten days of the acceptance or rejection of any claim pursuant to this Section and within
ten days of the claimant's acceptance of any settlement proposed pursuant to this Section.
Page 3 of 34
B Amendments to Chapter 4
3. Section 4-05.115 -Business License Fee Payment
4-05.115 License fee payment; method.
(a) Unless otherwise provided in this Section, all fees, owing to the City may be paid by
personal check if the financial institution upon which the personal check is drawn is located in
California, and the person drafting the personal check is a resident of California and provides
proof of residency.
(b) Any person whose personal check is returned to the City without payment shall pay a
penalty servicc charge of ten dollars in the maximum amount authorized by California Cavi
Code 1719. The ten a"'-ape y service charge shall be added to the fee, for which the
personal check was drafted and that monetary obligation shall not be deemed to have been paid
until both the monetary obligation and the ten dollar-pe service charge have been honored
and paid by the financial institution.
(c) For a period of two years,the City will require a person whose personal check was
returned to the City without payment to pay all fees,by cash, a cashier's check or postal money
order.
(d) In addition to the provisions of this Section, a person whose personal check is returned to
the City without payment is liable for all civil penalties authorized by California Civil Code
Section 1719.
(e) All negotiable instruments shall be made payable to the order of the City.
(f) The penalties provided in this Section shall be imposed in addition to penalties due under
Section 4-05.200
4. Article 4-10-Amusements
Article 4-10
AMUSEMENTS
4-10.005 Definition of Community Event Official
As used in this article the term "Community Event Official" means the staff member
designated as such by the City Manager in writing.
4-10.010 Circuses and carnivals.
(a) Permit required. No person shall locate, construct or operate any fair, amusement park,
circus, carnival or other similar recreational enterprise or establishment at any place in the City
without first securing a permit from the Community it cor<"�'"�"�"�Community Event
Official. If the event or activity to be conducted is temporary in nature and involves the complete
Page 4 of 34
or partial closure of any public road, a special event permit shall also be obtained pursuant to
Article 10-10 in Chapter 10 of this Code.
(b) Application for permit. Written application for permits under this Section shall be filed
with the Community Ser-vieesDir-eete Community Event Official and signed by the applicant.
If the applicant is a corporation or association, such application shall be signed by the officer or
manager who is to be in actual charge of the establishment. The application shall contain the
following information:
(1) The name and permanent address of the applicant.
(2) The location or proposed location of the enterprise or establishment.
(3) Whether the establishment will be of a permanent or temporary nature; if
temporary,the estimated length of time the establishment will be in continuous operation.
(4) The character and plan of operation of such establishment or enterprise, including
full information with respect to the proposed method of handling all traffic, including
automobile traffic, which may seek ingress to or egress from the premises.
(5) The proposed sanitary facilities to be used, including toilet facilities, and the
proposed method of sewage and refuse disposal.
(6) The proposed system to be used for the supply and consumption of water at such
establishment or enterprise.
(7) The procedure to be followed in the handling and preparation of all food at such
establishment.
(8) Such other information as the Vommunity Ser-viees Ser-vDifeete Community Event
Official may request.
(c) Application fee. A fee in such amount as established from time to time by resolution of
the City Council shall be charged to the applicant at the time of filing the application for a permit
under this Section.
(d) Review and approval of application. Upon receipt of an application for a permit under
this Section, the Community
Ser-v Dir-eete Community Event Official shall forward a copy
of the application to the felle. inn pins and age for review and approval-ho-the
(1) The gCommunity Development Director, for determination as to whether the
proposed activity will comply with the building codes, zoning requirements, and other rules,
regulations and ordinances of the City.
(2) The Planning Commission, if t proposed et it , requires any t by
>
Commission pufsuant to any provis on of this Planning
> in whieh event,
eempleted and the aetivity shall be w Planning Commission before fufthef
aetion is taken by the Community Ser-viees Direetor- on the apphealion.
Page 5 of 34
problems(3) The GourAy Sheriff-, for approval of the proposed friethod of 4raffie eofAfol
(4) The County Health DepartrnepA, for approval of the proposed sanitary f4eilities,
mearis of sewage and rvf�ase disposal, water- supply-system-and fnethod of handling fo
enforeement
The foregoing per-sons and ageneies shall indieate on the appheation that the proposed permit is
(e) Issuance of permit. Provided that eaeh of theper-sonsand ageneiesed to i
subjeette a conditions are met,the Community Serviees Diree4o Community Event
Official shall issue a permit to the applicant.
(f) Contents of permit. The permit shall set forth the following:
(1) The name of the person to whom it is issued.
(2) The location of the premises to which the permit is applicable.
(3) The length of time for which the permit is issued, which shall in no event exceed
one year.
(4) Any conditions to which the permit is subject.
(g) Renewal of permit. Applications for renewal of any permit issued pursuant to this Section
shall be processed in the same manner as the application for initial issuance of such permit.
(h) Requirement for business license. Any person desiring to operate or conduct any activity
for which a permit is required under the provisions of this Section shall also apply for and obtain
a business license pursuant to Article 4-05 of this Chapter, and pay the license fee specified in
Section 4-05.100, unless such person or activity is exempted under Section 4-05.160 or Section
4-05.170. No such business license shall be issued unless and until the applicant has first
obtained a valid permit under this Section.
(i) Clean up deposit. No permit shall be issued under this Section until the applicant has
made a cash deposit with the Community Serviees Dire Community Event Official in the
amount to T Hundred Fifty T`ct-'-= of Five Hundred Dollars as a guaranty that the applicant
will conduct a final clean up of the premises. Such final clean up shall be completed,to the
satisfaction of the Community Serviees Direete Community Event Official,within twenty-four
hours after cessation of the activity for which the permit is issued. If the applicant fails to clean
up the premises within the time specified herein or if the clean up work is not performed to the
satisfaction of the G.,...... mitt' Services Direete Community Event Official, said Direeter
Official may cause any necessary clean up work to be performed and may utilize the security
deposit for payment of any costs or expenses as may be incurred in connection therewith. In the
Page 6 of 34
event the clean up cost exceeds the amount of the security deposit, the applicant shall be liable to
the City for payment of such excess cost. Upon certification by the
eeter-
Comm Event Official that the final clean up has been satisfactorily completed, the clean
up deposit, or any remaining balance thereof, shall be mailed to the applicant at his the address
shown on the application.
(j) Separate permits required for each establishment. A separate permit under this Section
shall be required for each separate establishment or enterprise to be constructed or operated
within the City.
(k) Transferability of permit. Permits issued under this Section shall not be transferable,
either as to the permittee or location specified therein, and any attempted transfer shall invalidate
the permit.
(1) Revocation or suspension of permit. Any permit issued under this Section may be
revoked or suspended by the Community Sen4ees Pi „te Community Event Official for
violation of any term or condition set forth therein or violation of any provision of this Code or
any other ordinance or regulation of the City.
(m) Appeals to City Council. Any decision rendered pursuant to this Section with respect to
the issuance, denial, revocation or suspension of a permit may be appealed to the City Council by
the applicant or permittee or other interested person in accordance with the procedure set forth in
Section 2-05.030 of this Code.
(n) Violation of Section. The violation of any provision contained in this Section, or the
violation of any condition of a permit issued hereunder, is hereby declared to be unlawful and
shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in
Chapter 3 of this Code. The enforcement of this Section pursuant to Chapter 3 shall be in
addition to any proceedings conducted under subsection (1) of this Section for revocation or
suspension of the permit or any proceedings conducted under Article 4-05 of this Chapter to
revoke a business license by reason of the same violation.
4-10.020 Card games.
(a) Permit required. No person shall operate in any building, place or premises owned,
managed or controlled by him, any tables which are open to the public for the playing of cards
and for the use of which a fee or compensation is charged players without first obtaining a permit
from the Community S€�iee�Development Director to do so.
(b) Application for permit. Written application for a permit under this Section shall be filed
with the Community Ser-viees Development Director and signed by the applicant. If the
applicant is a corporation or association, such application shall be signed by the officer or
manager who is to be in actual charge of the card game. The application shall contain the
following information:
(1) Name and permanent address of the applicant.
(2) Occupation of the applicant.
Page 7 of 34
(3) The location and ownership of the premises where the card game is to be
conducted.
(4) The anticipated number of persons in attendance at the card game.
(5) Hours of operation.
(6) Such other information as the Community Ser-viees Development Director may
request.
(c) Application fee. A fee in such amount as established from time to time by resolution of
the City Council shall be charged the applicant at the time of filing the application for a permit
under this Section.
(d) Review and approval of application. Upon receipt of an application for a permit under
this Section,the Community Serves Development Director shall determine whether the
proposed card game and the premises where such game is to be conducted will comply with
the building codes zoning requirements and other rules re ulations and ordinances of the
City and shall forward a copy of the application to the following persons and agencies for
review and approval to
(1) h t t a ra
T Dl Tl' � f' .7 + +' " + vu. propos Ron
a
and the premises where sueh game is to be eondueted will eomply with the bu
(2}—the County Sheriff, for determination as to ehafaeter-and background of the
applicant and determination as to whether the operation of the proposed card game will
violate any State law or present any difficult problem of law enforcement. The County
Sheriff shall not approve the application if he finds that the applicant has been convicted
of a felony or misdemeanor offense involving theft, dishonesty,violence or moral
turpitude.
(3)M The C;emmunity S 4ee nrr;"ors City Building Official, for determination of
any potential code enforcement problems from issuance of the requested permit.
The County Sheriff shall indicate on the application that the
proposed permit is either approved or disapproved or approved subject to specified conditions,
and shall return the application to the Community Ser-viesDevelopment Director.
(e) Issuance of permit. Provided that each of the persons and agencies referred to in
subsection (d) of this Section has approved the issuance of a permit, or the issuance thereof
subject to conditions,the Community Series Development Director shall issue a permit to the
applicant.
(f) Contents of permit. The permit shall set forth the following:
(1) The name of the person to whom it is issued.
Page 8 of 34
(2) The location of the premises to which the permit is applicable.
(3) The length of time for which the permit is issued, which shall in no event exceed
one year.
(4) Any conditions to which the permit is subject.
(g) Hours of operation. All card rooms subject to the provisions of this Section shall cease
operations and remain closed between the hours of 2 A.M. and 9 A.M. of each day.
(h) Renewal of permit. Applications for renewal of any permit issued pursuant to this Section
shall be processed in the same manner as the application for initial issuance of such permit.
(i) Requirement for business license. Any person desiring to operate a card game for which a
permit is required under the provisions of this Section shall also apply for and obtain a business
license pursuant to Article 4-05 of this Chapter, and pay the license fee specified in Section 4-
05.100,unless such person or the activity is exempted under Section 4-05.160 or Section 4-
05.170. No such business license shall be issued unless and until the applicant has first obtained
a valid permit under this Section.
0) Separate permits required for each card room. A separate permit under this Section shall
be required for each separate card room to be operated within the City.
(k) Transferability of permit. Permits issued under this Section shall not be transferable,
either as to the permittee or location specified therein, and any attempted transfer shall invalidate
the permit.
(1) Revocation or suspension of permit. Any permit issued under this Section may be
revoked or suspended by the Community Ser-vi1-esDirector for violation of any
term or condition set forth therein or violation of any provision of this Code or any other
ordinance or regulation of the City.
(m) Appeals to City Council. Any decision rendered pursuant to this Section with respect to
the issuance, denial, revocation or suspension of a permit may be appealed to the City Council by
the applicant or permittee or other interested person in accordance with the procedure set forth in
Section 2-05.030 of this Code.
(n) Violation of Section. The violation of any provision contained in this Section, or the
violation of any condition of a permit issued hereunder, is hereby declared to be unlawful and
shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in
Chapter 3 of this Code. The enforcement of this Section pursuant to Chapter 3 shall be in
addition to any proceedings conducted under subsection (1) of this Section for revocation or
suspension of the permit or any proceedings conducted under Article 4-05 of this Chapter to
revoke a business license by reason of the same violation.
10-030 n:ni....,, maehines a i. ,
e.fr
Page 9 of 34
(a) Use for- gambling-pr-ohibited.No per-son having in his possession or-under-his ee
either-as owner-, lessee, manager-, operator- or-other-wise, any a4i or marble maehine or-
eleetronie game, shall pay or ea-use to be paid to the user-thereof any me wy, er-edit, allowanee or
thing of value, other than addifiona4 ehanees or-free plays, or-any token o
> slug,
memorandum efAifling the holder-to reeeive any money, er-edit, a4lowanee or-thing of vaRte as
r-estilt of any elementi,anee viii in,t, e t - of sueh maehine r b
(b) ' Violation of Seetion; seizufe of maehine and money. A:ny per-son who violates this
Seetion sha4l be guilty of a misdemeanor,in addition to the penaky pro vided in Chapter-3 of-this
C;ode, any maehine regulated by this See4ion may be seized by any law enfor-eement affieeF 0
the State, and nofiee of intention s arily to destroy sttelfl.ffl.--ehine shall r-eupen be posted int.
a eonspietious plaee upon the premises in er-upon whieh stieh maehine was seized. Sue..maehine
shall be held by stieh offieer-for-thit4y days after stieh posting, and if no aetion is eon*neneed to
feeevepjx�ssession of sueh maehine widtin sueh time,the same shall be summarily destfoyed by
used in vio!Mion of this Seetion,the same shall be destfoyed by stieh offieer-inunediately afte
the deeision of the eetR4 has beeome final. All money seized in or-in e0fifleetion with sue
maehine, immediate!), after-sue-h maehine has been seized, shall be paid into the Gity4feasufy-,
and"on Stleh maehine being ddestfoyed in aeeor-danee with the foregoing provisions of this
See4ion shall be eredited to the gener-a4 Amd; otherwise,to be returned to the per-son W-ho was in
possession of sueh maehine when it was seized.
(e) * Seetion supplementary to State law. The provisions of this See4ion afe not intende
eonfliet with, but shall supplement all laws of the State prohibiting 1)aeries, gam'
5. Article 4-15 -Public Dances and Dance Halls
4 15.010 Definitions and e�Eelusiens--
As used in this At4iele,the fellowing te ms sha4l hm�e the meanings aseribed to them by4his
cow
of any fee or-eharge of admission whatever-, or-for w-hieh tiekets, iwvitations or other- admissi
deviees are sold or- offered for- sale to the gener-M publie, or-whieh is gWei���
eonneetion with the sa4e of food or-beverages in festaurapAs, tav > eafes,
hotels or any
the ope m4ion for profit of any other-amttsement of enteftainme tmaettv-Ay to whieh the general
bi• mitred.
ia1' t ii t • i sor-
apply to „y of the fo!!Owing:
building,A danee eendueted upon or-within any f4eilit y,
park, plaza or-ot-hef pr-opefty
owned by the Cit�y where sueh danee is eondueted by E)r-with the permission of the C4Y,
Page 10 of 34
institution.
> >
organization, pr-ovided sueh danee is not eondueted on a regular-basis. A danee shall be deemed
to be e ai}duete on a rar'b 1 basis if held mer-_ r---- ., , an T
4-15.020 L +' r-eJ 1.+ +
11Ti7ZpITthe '
No publie danee shall be eondueted-md no publie danee hall shall be operated at any location
City r
obtaining Y y
permit ----el- shall also apply for-and obtain a b isifiess
05.100, unless sueh per-son or-the aetivity is exempted under- Seetion 4 05.160 or 4 05.170. No
sueh business lieense shall be issued-unless and ttpAA the applie-aR4 has first obtained a v
vim.
4--l-5.040
1 - ) 040 App1.Tea+.vii f ,+
(a) Applieation for-a peffflit shall be made to the Community Services Difeetor-on stleh fem
as he may pr-eser-ibe, w-h"shall inplude the following data:
(1) Name and address o the applieant.
(2) Name and addmss of the ow-neF 3f the pr-opertY on w-hieh the publie danee will be
eondueted, if other-than the applieant..
days or-ffequeney and times of-A-y when publie dancing will be eendueted.
1
(5) The anlieipated ' o F 1 ++ a g-the bl• dance.
(6) Whether aleoholie bever-ages of any kind will be served at the pr-
Zvi +' +t f
(8) if amplified sound will be used, a eemplete deser-iption thereof-, ineluding the nu
size, loe tinl� andr1 f yup + 11 - _7•r
(b) Tl --aeeempanie-d by the followifig-L
Page 11 of 34
and the surrounding area for a distanee of at least five undre 4 feet fr-ofn eaeh boundar
.site, showing the loeation of streets and propefty4ine&-and the names and last knoym addresses
of t meor+ t legal aa 11 properties othe drawings.
ine(2) An aeeurate deseriptio of the building or st-fueture to be tAilized for-the publie danee,
1 .1' 1 drawing of�L, floor plan.
- aa� M
b „''
(3) A deseription and sea4e drawing of any alterations, additions or improvernants the
(4) -payment of a fee to the City for proeessing the applieation, in an amount equa4 to the
then eharged on applieations for use permits under Article 15 55 in Chapter- 15 of this Code.
4 15.050 investigation by community Serviees Direetor and refer-4-to Planning C;OnlmissiOR-.
Upon r-eeeipt of the applieEttion and other doeumerils and the fee as require 1 in Seetion 4 15.040,
7
(a) The Gount�, Sheriff-, for determination as to moral eharaeter and b-aekground of the
aft,
(b) The County lea4t-h Department, for determination as to the sanitary eendition of
premis
rules,(e) The Planning Direeter, for-detefmination-as to eompiianee of the prernises with buil ing
eodes, zoning r-equirements and other
regulations and ordinanees of the City.
(d) The Community Se 4ee Offieers for determination of any potentia4 eode enforeerne
problems fforn issuanee of the requested permit-.
n 15.060 D 1.1' hearing 1,J Planning Commission.
(a) The pjanning Commission shall eondtiet at!east one publie hearing on the applieati
INA-tiev of the hearing shall be gjNen not jess than five dal �ys prior-to
all per-sons whose names appe r on the latest available tmE r-oll of the County as ow-ning-pfopefty
within five hundred feet of the boundaries of Mil-lie danee will be
published at least onee tri a newspaper having-ggnera4 eireulation in the City,
Page 12 of 34
Q 15-070 Action by Ply ----- - Commission; findings ,•
mOdified OF e0fiditional f0fm if-, on the basis of the applieation and the evidenee submitted, the
Planning Cyte JJa makes .,11 ,.fihe r ___
ll_ _--- r_ '•
zoning, fire,
heaM and safety eedes and an), othef
annlie ble statutes, a' uaav , 7 regulations.
rr
ofdinanee
u asw-hieh the site is i r
welfare,(3) The publie danee and the eenditions under whieh it will be eondueted will not be
detrimental to the publie health, safety or-
or injurious to-prepeffies in the vieinity oF
disturbing to the eeetipants their
(b) The Plaming Gemunission shall have author-it),to impose sueh eenditions as it deems
appropriate to be satisfied for-issuanee or continuation of a
but not limite
the ello ' ' '
(1) Medifieation of the premises, ineluding . t _, -,
!7\ O site par-king requirements In exeess of t requirement •1 d in the z
ordinance, if it appears additional par-king is needed to aeeemmodae the number-of per-sons
expeeted to attend the publie danee.
(3) Limitation on days of the week an 1 time of day during w-hieh publie daneing may be
r
(4) Limitation on maximum numb f people in ++ ,7 - , eacv , ,• d
(5) Limitation on level of noise and , F sound amplifing
(6) Requirements with r-espeet to er-owd emitfol, ineluding eentr-ol of persons outside of the
premises a-waiting entry,
(e) The-planning Commission may grant the applieation -ti-tli—ttd'dnal basis whefeby a
fuAher-hearing will be eondtieted by the COF-ffnission after a speeified period of time to, *
detefmine whether the applieapA has eemplied with all of the eonditions of the pefmit and
whether the findings set fefth in subseetion (a) of this Seetion ean still be made.
4 15.080 Aetien by Commu iity ServicesD
if the applieation is granted by the-planning Commission pur-suapA to Seetion 4 15.070, the
applieation shall then be r-etufned to the Comintmity Ser-viees Direetor-together-with a reeor-d o
the proeeedings eondueted by the Commission. After fidil eemplianee by the applieant with all
eenditions imposed by the PlaFfflifig Commission for-issuanee of the pemlit and provided no
Page 13 of 34
appealappeal.lhas 1---een filed 4em the deeision E)f the Planning GO ission and the period for- stie
l .a
Y , �+7, G nity Corr'
n 15.090 n +'on, iand+ t 'i'+ pem'+
.+issued t
speeified by the Planning Commission, not to eyceeed one yea
(b) A pefmit may be renewed upon applieation to the Gommtmib, Sei7viees Di0
prior-to the expir-atien date of the peftnit, aeeompanieA J- ueh doetiments as said Dirreee4or-MAI,
require and a renewal fee in stiek amount as established by r-esel ion of the Gity Gotmeil. The
Tm
one year if he determines that all of the findings wet. iffl-subseetion 4- 15.070(a) ean still be
made and the applieant has fu4ly eemplied with all of the eonditions of the pefmit.
Fefer-the renewal applieation to the
> >
app
(e) A pefmit issued pufsuant4e-this Artiele "I not be assignable or-transferable and shall
automatieally teminate upon any sale or tfansfer- 15 if the permit was issued t.o the
owner thefeof-, or-upon any tefmination or-assignment of the lease or other-r-i&of I . I W
the pefmit was issued to the oeetipant of the propefty, or if,�by reason Of any other-ei
the publie danee is being eondueted by a per-son other-than the named pennittee.
n !5.100 i + + or-a' a t
5,persons.
it shall be the duty of every pefmit4ee, and their-agents and employees to exelude ffom
publie danee ha4l any person who is intoxieated or engaged in loud,boisterous, disorderly or-
+h ndue+
(a) Any permitissued-pur-suant to this Aftiele may be modified or-r-evoked at any ti
detennination that--.
(1) The pefmit4ee has failed to eomply with a-ay eondition of the 7
(2) Any of the findings required under- subseetion 4 15.070( ) ean no longer-be made; or
(3) The pefmit4ee has 7 provision f thisA 1
___
(b) if the Community Sefviees Dir-eetor- deter-mines that any of the eir-eumstanees deseribe
i:n 4,,:h,;e-,etjon (a) of this Seetion exist, said Dir-eetor may, in fieu of r-evoeation pfoeeedings or- in
impose any new eonditions as he d My to eeffeet the situation, ineluding, but not
limited
7
Page 14 of 34
(e) At the request ef4he Cofflnitmity Sen,iees Dir-eefer-or upon its oN" initiative
The Planning Commission shall tfansmit its dee-i-s-i-e-4-;-t.e- d�.-- C-animunity Ser-viees Direetor who
1, .+ ,• ,
L V
e 15.120 n
A '. I the Planning Commission under-this
to the City Couneil by the appheant or-any interested-pefsen4n
it 15-130 Vi l_t•ons OfYrtieln,1A+l
Vs-.
Article,The violation of any provision eontained in this
or-the violatien of any eondition of a
subjeet to penalties
7
as pr-eser-ibed in Chapter-3 of this Code. The enforeement of this Artiele-pur-suan4 to Chapter-3
sha4l be in addition to any p ef Seetion 4 4 5.110 to amend or-revoke the
permit or any p ier-Aftiele 4 05 of this Chapter-to revoke a busine
lieens by ^ ACSL_
same
_ ,
6. Article 4-20-Private Patrols
Article 4-20
PRIVATE PATROLS
[4-20.010-4-20.030—No change to existing City Code.]
4-20.040 Application for permit; fee; investigation by Community Services Development
Director.
(a) Application for a permit to operate a private patrol shall be made to the Community
Ser-viees Development Director on such form as he the Director may prescribe, which shall
include the following data:
(1) The true name of the applicant.
(2) Where the applicant has resided and where he the applicant has engaged in
business for five years next preceding the date of application, the length of time at each
address, the number of any telephone maintained by him and the character of such
businesses. Such information shall also be furnished for each employee of the applicant
who will be rendering private patrol services in the City.
(3)
the-applie nt an of his empleyees-. Copies of all licenses_ required by the State of
California.
(4) A recent passport-type'photo and fingerprints of the applicant,
fingerprints.
(5) A full description of the services to be rendered by the applicant.
(6) Such other information and documents as the Community Sees Director may
require.
Page 15 of 34
(b) The application shall be accompanied by a processing fee in such amount as established
from time to time by resolution of the City Council.
(c) Upon receipt of the application and other documents and the fee as required in
subsections (a) and (b) of this Section,the Community Set=vieesDevelopment Director shall
conduct such investigation as.he the Director deems appropriate to determine whether a permit
should be issued. In connection therewith,the Community Ser-vi Director shall
forward a copy of the application to the foilewing Y for e n approval.:.
r'�County Sheriff, for determination as to ' h * a background of
the applicant and determination as to whether the applicant is properly trained and
qualified to conduct a private patrol business and whether the applicant has ever been
convicted of a felony or misdemeanor offense involving theft, dishonesty,violence or
moral turpitude.
71 -e Distrie4 in the City, if the appliea-PA pr-apese3 to operate a
(2) The Chief of aeh Fir
fife patrol, for-detefminatien as to whether-the applieant is properly tf ned and "alified
to eenduet stieh business.
The foreg 4ng-persofts County Sheriff shall indicate on the application that the proposed permit
is either approved or disapproved or approved subject to specified conditions, and shall return
the application to the Community�i e&- opment Director.
4-20.050 Approval of employees of private patrol.
Prior to the employment of any person by a private patrol, such prospective employee shall
himself make application to the Community &-Development Director and provide the
same information as described in subsection 4-20.040(a). The application shall be accompanied
by a processing fee in such amount as established from time to time by resolution of the City
Council. The application shall be investigated by the Community Ser-vi lesDevelopment
Director and shall be subject to approval in the same manner as provided in subsection 4-
20.040(c).
4-20.060 Bond.
An applicant for a private patrol permit under this Article shall file coverage in the form of
either a good and sufficient bond in the sum oft t, five thousand dollars,to be approved by
the Cit ^tterne' or an insurance policy in an amount and form approved by the City's
Risk Manager and payable to the City and any other person, aggrieved or damaged by the
breach of the conditions of such coverage. The bond coverage shall insure that the
applicant will eenduet his aetivifies act in faithful conformance to statutes and ordinances and
will � t t- t •t tfiet aeeord-Anee with the authorization granted in this Article.
�O1IU KVL iiav uvu+.+++�� --_ ------ ---
4-20.070 Motor vehicle insurance.
If an applicant for a private patrol permit intends to, or does operate any motor vehicle in the
conduct of his business the private patrol,he the applicant shall file with the Community
Sys Development Director aepy evidence of hi-s-motor vehicle insurance which shall
include public liability coverage * ' t O �, a a + for death or
injury in any one occurrence, and property damage coverage in amounts as established by the
City's Risk Manager t less than+ thousand ' ;4"" Such insurance policy shall
apply to and cover each and every vehicle to be operated in the City by the applicant in
furtherance of his business the private patrol, and shall carry a ten-day cancellation provision
endorsed thereon with notification to be made to the City if such should occur.
Page 16 of 34
4-20.080 Issuance of permit.
Provided the Community Serviee-s--Development Director and eaeh of thef - a
subsection to i
r J 1� �t
the County Sheriff have approved'the issuance of a permit, or the
issuance thereof subject to conditions, and provided, further, that the applicant has posted with
the Community Ser-vi ,-es-Develo ment Director the bond coverage required in Section 4-20.060
and the liability insurance required in Section 4-20.070, the Community Series Development
Director shall issue a permit to the applicant.
4-20.090 Term of permit; renewal.
Each private patrol permit shall expire at the end of one year. A permit may be renewed upon
application to the Community Sefviees Development Director, accompanied by payment of a
renewal fee in such amount as established from time to time by resolution of the City Council.
The Community Sen,iees Development Director shall renew the permit for a period not
exceeding one year if he the Director finds that all of the requirements of this Article have been
satisfied by the permittee.
[4-20.100—4-20.120—No change to existing City Code.]
4-20.130 Identification cards.
The County Sheriff shall issue private patrol operators and employees an identification type card
which will carry identifying characteristics. Such card shall be retained on the person of the
operator and his operator's employees for identification purposes at all times. Failure to carry
and exhibit such identification shall be grounds for suspension or revocation of the private patrol
permit.
[4-20.140 No change to existing City Code.]
4-20.150 Reporting unusual circumstances;preserving scene of occurrences.
The holder of a private patrol permit and his any-employees shall give a prompt report to the
Sheriffs Department of any unusual occurrences observed while patrolling or at any other time.
It shall be the duty of such persons to preserve the scene of any occurrence intact and to refrain
from moving, and refuse permission to move, disturb or otherwise interfere with the property,
persons or things affected.
4-20.160 Suspension or revocation of permit.
(a) Any private patrol permit issued under this Article may be suspended or revoked by the
Community Serviees Development Director for any reason that would justify a refusal to issue
the permit originally, or by reason of any failure by the permittee to comply with the provisions
of this Article, or any other provision of this Code, or any condition of such permit.
(b) The holder of a private patrol permit shall be given prompt notice of the intention to
suspend or revoke his said permit. Such notice shall fix a time and place, not less than five nor
more than thirty days after service thereof, at which the holder of the permit may appear before
the Community Ser-viees Development Director and be granted a hearing upon the merits of the
suspension or revocation. If after such hearing the permit is ordered suspended or revoked, the
holder shall have the right to appeal such action to the City Council.
Page 17 of 34
[4-20.170-4-20.180—No change to existing City Code.]
7. Article 4-30 Sales of Firearms
Article 4-30
SALES OF FIREARMS
4-30.010 Authority for Article.
This Article is enacted pursuant to the authority granted to the City under Part 4,Title 2, Chapter
1, Article IV, (commencing with Section 12070) of the Penal Code. All references made to
licenses" and licensing in the aforementioned statutes shall be deemed to refer to "permits"
and "permitting" under this Article.
4-30.020 Permit required.
(a) No person shall engage in the business of selling,transferring, advertising or exposing for
sale or transfer any firearms without first obtaining a permit to do so pursuant to this Article. For
the purposes of this Article, engaging in the business of selling or transferring firearms does not
include the infrequent sale or transfer, offering, exposing for sale, or advertising for sale any
firearms at a gun show, swap meet or similar event. such as Internet sales. As used in this
Section, "infrequent" means occasional and without regularity.
(b) Any person desiring to engage in the business of selling firearms for which a permit is
required under the provisions of this Article shall also apply for and obtain a business license
pursuant to Article 4-05 of this Chapter and pay the license fee specified in Section 4-05.100. No
such business license shall be issued unless and until the applicant has first obtained a valid .
permit under this Article.
4-30.030 Application for permit; fee; investigation by Community Servi
Director.
(a) Application for a permit hereunder shall be made to the Community
S€rviee-sDevelonment Director on such form as he may prescribe, which shall include the
following:
(1) Name and address of the applicant.
(2) Where the applicant has resided and where he has engaged in business for five years next
preceding the date of application,the length of time at each address,the number of any telephone
maintained by him and the character of such business.
(3) The particulars in regard to any felony or misdemeanor offense for which the applicant or
any principal of the applicant has been convicted.
(4) A recent passport type photo of the applicant and his fingerprints.
Page 18 of 34
(5) Address or other description of the property at which the business will be conducted, and
the name and address of the owner of such property.
(6) Such other information and documents as the Community Se-sDevelonment Director
may require.
(b) The application shall be accompanied by a processing fee in such amount as established
from time to time by resolution of the City Council.
(c) Upon receipt of the application and other documents and the fee as required in
subsections (a) and (b) of this Section, the Community Ser-vilesDirector shall
conduct such investigation as he deems appropriate to determine whether a permit should be
issued. In connection therewith, the Community SeesDevelonment Director shall forward a
copy of the application to the following pfor-review a-Rd l
L't
Th County County Sheriff, for determination as to moral har-acte and background of the
applicant and whether the applicant has ever been convicted of a felony or misdemeanor offense
involving theft, dishonesty, violence or moral turpitude, and determination as to whether the sale
of firearms by the applicant would constitute a violation of State law.
(2) ' for-determination as to whe ther-the eenduet of the business at the
proposed leeation will be in eomplianee with zoning requirements and other-rules, r-egWations
and or-dinanees of the City-.
The foregoing esensCounty Sheriff shall indicate on the application that the proposed permit
is either approved or disapproved or approved subject to specified conditions, and shall return
the application to the Community SesDevelonment Director.
4-30.040 Grounds for denial of application.
The Community Ser-vicesDevelopment Director shall deny issuance of a permit based upon any
of the following grounds:
(a) 9-45, Ser-vieSer-viees Director-+r iat the apphearris not of goodmer--alehar-aeten
(b) Disapproval of the application by the County Sheriff.
(c) A determination by then that the conduct of the business at the proposed
location would not be in compliance with all zoning requirements and other rules, regulations
and ordinances of the City.
4-30.050 Issuance of permit; term; conditions.
If a permit is issued by the Community Ser-vi les Director, it shall be in the form as
prescribed by the State Attorney General, to be effective for not more than one year from the
date of issue. The permit shall be subject to all of the conditions as set forth in Section 12071 of
Page 19 of 34
the Penal Code and such other conditions as may be imposed by the Comm"nity Ser lees
Dir-eetor-,the County Sheriff, f.
4-30.060 Renewal of permit.
A permit issued under this Article may be renewed for a period not exceeding one year upon
application to the Community Development Director, accompanied by payment of a renewal fee
in such amount as established from time to time by resolution of the City Council. The
Community ServilesDevelonment Director shall renew the permit if he finds that all of the
requirements of this Article have been satisfied by the permittee and no conditions of the permit.
have been violated.
4-30.070 Transferability of permit.
No permit issued under this Article shall be transferable and any attempted transfer shall
invalidate the permit.
4-30.080 Suspension or revocation of permit.
(a) Any permit issued under this Article may be suspended or revoked by the Community
Sery eesDevelonment Director for any reason that would justify a refusal to issue the permit
originally, or by reason of any failure by the permittee to comply with all of the provisions of
this Article, or any other provision of this Code, or any condition of such permit.
(b) The holder of the permit shall be given prompt notice of the intention to suspend or
revoke his permit. Such notice shall fix a time and place, not less than five nor more than thirty
days after service thereof, at which the holder of the permit may appear before the Community
Ser-viees Director and be granted a hearing upon the merits of the suspension or
revocation. If, after such hearing the permit is ordered suspended or revoked, the holder shall
have the right to appeal such action to the City Council.
4-30.090 Appeals to City Council.
Any decisions rendered pursuant to this Article with respect to the issuance, denial, suspension
or revocation of a permit, or the conditions thereof, may be appealed to the City Council by the
applicant or permittee or other interested person in accordance with the procedure set forth in
Section 2-05.030 of this Code.
4-30.100 Compliance with State law.
The holder of any permit issued pursuant to this Article shall be subject to and shall comply with
the regulations and conditions as set forth in Part 4, Title 2, Chapter 1, Article IV (commencing
with Section 12070) of the Penal Code.
4-30.110 Violations of Article.
The violation of any provision contained in this Article, or the violation of any condition of a
permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor,
Page 20 of 34
subject to the penalties as prescribed in Chapter 3 of this Code and the penalties as prescribed in
the Penal Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any
proceedings conducted under Section 4-30.070 for revocation or suspension of the permit or any
proceedings conducted under Article 4-05 of this Chapter to revoke a business license by reason
of the same violation.
8. Article 4-35-Secondhand Dealer
Article 4-35
SECONDHAND DEALER
4-35.010 Authority for Article.
This Article is adopted pursuant to the authority granted to the City under Article 4 (commencing
with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code of the
State. All references made to "licenses" and "licensing" in the aforementioned statutes shall be in
deemed to refer to "permits" and "permitting" under this Article.
4-35.020 Definitions.
All of the definitions as set forth in Article 4 of Chapter 9 of Division 8 of the Business and
Professions Code are incorporated herein by reference.
4-35.030 Permit required.
(a) No person shall engage in the business of secondhand dealer without first obtaining a
permit to do so pursuant to this Article.
(b) Any person desiring to engage in the business of secondhand dealer for which a permit is
required under the provisions of this Article shall also apply for and obtain a business license
pursuant to Article 4-05 of this Chapter and pay the license fee specified in Section 4-05.100. No
such business license shall be issued unless and until the applicant has first obtained a valid
permit under this Article.
4-35.040 Application for permit; fees; investigation by Community ServieesDevelonment
Director.
(a) Application for a permit hereunder shall be made to the Community
S€fvie sDevelonment Director on such forms as prescribed by the State Department of Justice.
(b) The application shall be accompanied by a processing fee in such amount as established
from time to time by resolution of the City Council, together with the amount of processing fee
charged by the Department of Justice.
(c) Upon receipt of the application and other documents and the fees as required in
subsections (a) and (b) of this Section, the Community SefN'ieW-sDevelonment Director shall
conduct such investigation as he deems appropriate to determine whether a permit should be
Page 21 of 34
issued. In connection therewith,the Community Ser-vie�sDevelopment Director shall forward a
copy of the application to the following persons and agencies for review and approval:
(1) The State Department of Justice, in accordance with Section 21641 of the Business and
Professions Code.
(2) The County Sheriff, for determination as to mor- ehar-aete an background of the
applicant and whether the applicant has ever been convicted of a felony or misdemeanor offense
involving theft, dishonesty, violence,moral turpitude or any offense involving stolen property.
(3) The Plann Development Director, for determination as to whether the
conduct of the business at the proposed location will be in compliance with zoning requirements
and other rules, regulations and ordinances of the City.
The foregoing persons and agencies shall indicate on the application that the proposed permit is
either approved or disapproved or approved subject to specified conditions, and shall return the
application to the Community Ser-viesDevelopment Director.
4-35.050 Grounds for denial of application.
The Community Ser-viIesDevelopment Director shall deny issuance of a permit based upon any
of the following grounds:
(a) Disapproval of the application by the Department of Justice.
(b) A finding by the Community SefvieesDir-eetor-that the app1iea1#is not of good-mer-al
ehafaeten
(c) Disapproval of the application by the County Sheriff.
(d) A determination that the conduct of the business at the proposed
location would not be in compliance with all zoning requirements and other rules, regulations
and ordinances of the City.
4-35.060 Issuance of permit;term; conditions.
If a permit is issued by the Community ServieesDevelopment Director, it shall be in the form as
prescribed by the Department of Justice,to be effective for not more than one year from the date
of issue. The permit shall be subject to all of the conditions as set forth in Section 21642 of the
Business and Professions Code and such other conditions as may be imposed by the Community
SsDevelopment Director,the Department of Justice, or the County Sheriff
Dieter.
4-35.070 Renewal of permit.
A permit issued under this Article may be renewed for a period not exceeding one year upon
application to the Community SerA,iesDevelopment Director, on such forms prescribed by the
Department of Justice, accompanied by payment of a renewal fee in such amount as established
from time to time by resolution of the City Council. The Community SsDevelopment
Page 22 of 34
Director shall renew the permit if he finds that all of the requirements of this Article have been
satisfied by the permittee and no conditions of the permit have been violated.
4-35.080 Transferability of permit.
No permit issued under this Article shall be transferable and any attempted transfer shall
invalidate the permit.
4-35.090 Inspection of records.
Every secondhand dealer holding a permit issued pursuant to this Article shall produce upon
request his business records for inspection by the following persons:
(a) The County Sheriff, or his designated representative.
(b) Any person holding a search warrant or court order authorizing him to search for tangible
personal property, as defined in Section 21627 of the Business and Professions Code.
4-35.100 Inspection of property.
Every secondhand dealer holding a permit issued pursuant to this Article shall produce, upon
request by any of the persons described in Section 4-35.090, all tangible personal property, as
defined in Section 21627 of the Business and Professions Code, which such secondhand dealer
may have in his possession or under his custody or control.
4-35.110 Alteration of property.
All tangible personal property, as defined in Section 21627 of the Business and Professions
Code, acquired by a secondhand dealer and subject to the reporting requirements contained in
Section 21628 of the Business and Professions Code, shall be segregated and shall not be altered
from its original state and appearance until after the thirty day period as specified in Section
21636 of the Business and Professions Code or until earlier release authorized by the County
Sheriff in accordance with Section 21636 of the Business and Professions Code.
4-35.120 Suspension or revocation of permit.
Any permit issued under this Article may be suspended or revoked by the Community
Servie€esDevelonment Director for any reason that would justify a refusal to issue the permit
originally, or by reason of any failure by the permittee to comply with all of the provisions of
this Article, or any other provisions of this Code, or any condition of such permit.
(b) The holder of the permit shall be given prompt notice of the intention to suspend or
revoke his permit. Such notice shall fix a time and place, not less than five nor more than thirty
days after service thereof, at which the holder of the permit may appear before the Community
Ser-visesDevelonment Director and be granted a hearing upon the merits of the suspension or
revocation. If after such hearing the permit is ordered suspended or revoked, the holder shall
have the right to appeal such action to the City Council.
4-35.130 Appeals to City Council.
Page 23 of 34
Any decision rendered pursuant to this Article with respect to the issuance, denial, suspension or
revocation of a permit, or the conditions thereof, may be appealed to the City Council by the
applicant or permittee or other interested person in accordance with the procedure set forth in
Section 2-05.030 of this Code.
4-35.140 Compliance with State law.
The holder of any permit issued pursuant to this Article shall be subject to and shall comply with
the regulations and conditions as set forth in Article 4 (commencing with Section 21625) of
Chapter 9 of Division 8 of the Business and Professions Code. Any failure to comply with such
regulations and conditions shall constitute a violation of this Article.
4-35.150 Violations of Article.
The violation of any provision contained in this Article, or the violation of any condition of a
permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor,
subject to the penalties as prescribed in Sections 21645 and 21646 of the Business and
Professions Code. The enforcement of this Article pursuant to the Business and Professions Code
shall be in addition to any proceedings conducted under Section 4-35.120 for revocation or
suspension of the permit or any proceedings conducted under Article 4-05 of this Chapter to
revoke a business license by reason of the same violation.
9. Section 4-40.030—Enforcement of Taxicab Regulations
4-40.030 Enforcement of Article.
The Community Sery ^ Direet^"City Manaher or the Dirge+^"'" designee is authorized to
inspect and examine all taxicabs in the City to ascertain whether or not the provisions of this
Article have been and are being complied with.
10. Article 4-45 -Swimming Pool Servicing
Article 4-4-5
SWIMMNG POOL SERVICING
"swimming4 4 5.010 Definition of Pool."
"swimmingFor the pufpeses of this Artiele, the tefm n
and + swimfning pools, ^lud all
a r
4 4 5.020 Registration and eeftifieation r-equir-emetAs.
No persen--�hall engage either-in the business of tfeating swimming Pool waters or of eleaning
filters, heaters or othe nees used or-Usable in eonneetion therewith, or i
the business of maintaining swimming pools or faeilities, appu Lenanees or app4awees ,
within the City, unless he is eeffified or-registered in aeeor-d with the provisions of Artiele 13,
Page 24 of 34
Chapter- 1 of Title 5 Of the SaHta Glafa County Ordinanee Gode, or-tinless he is expressly eXetls
said pr-ovisions may jawfugy engage if, such
H. Article 4-50-Peddlers and Solicitors
[Sections 4-50.010-4-50.020—No change to existing City Code.]
4-50.030 Application for permit; fee; investigation by City Manager.
(a) Application for a permit hereunder shall be made to the City Manager on such forms as
he may the Manager prescribes, which shall include the following information:
(1) Name and address of the applicant,together with the name and address of each
person who will be engaged in peddling or soliciting in the City for or on behalf of the
applicant.
(2) The location of the principal place of business, and if such principal place of
business is in the City, a statement of the zoning classification for such location.
(3) A complete description of the business, activity,program, or other purpose for
which the peddling or soliciting will be made, including a copy of all brochures, forms,
contracts, subscriptions, handouts, and other documents to be used in connection with
such peddling or soliciting.
(4) The particulars in regard to any felony or misdemeanor offense for which the
applicant or any principal of the applicant has been convicted.
(5) Two recent passport type photographs of each person who will be engaged in
peddling or soliciting in the City for or on behalf of applicant and, if requested by the
City Manager, one complete set of fingerprints for each such person,to be obtained at the
expense of the applicant.
(6) If the peddling or soliciting will be conducted for an organization or an activity
which is exempted from the payment of business license fees under the provisions of
Sections 4-05.160 and 4-05.170 of this Chapter, the applicant shall provide documents
establishing,to the satisfaction of the City Manager, the qualification for such exemption.
(7) The places within the City, times of day and period of time during which the
peddling or soliciting will be conducted.
(8) A complete description of each automobile or other motor vehicle which the
peddler or solicitor will operate in the City in connection with the business or activity.
(9) A list of any other cities or counties within the State where the applicant has
engaged in peddling or soliciting, and if the applicant has applied for or received a permit
or license from any of such cities or counties, the name and telephone number of the
Page 25 of 34
official or department to whom the application was submitted or by whom the permit or
license was issued.
(10) Such other information and documents as the City Manager may require.
(b) The application shall be accompanied by a processing fee in such amount as may be
established from time to time by resolution of the City Council; provided, however,no such fee
shall be charged if the applicant is found to be exempted from the payment of a business license
fee under the provisions of Sections 4-05.160 and 4-05.170 of this Chapter.
(c) Upon receipt of the application and other documents and the fee (if payable) as required
in subsections (a) and (b) of this Section,the City Manager shall conduct such investigation as he
the Manager deems appropriate to determine whether a permit should be issued. In connection
therewith,the Genwauni.y Se 4ees D eter City Manager shall forward a copy of the
application to the following persons for review and approval:
(1) The County Sheriff, for determination as to moral character and background of
the applicant and whether the applicant, or any person employed or acting on behalf of
the applicant,has ever been convicted of a felony or misdemeanor offense involving
theft, dishonesty, violence, fraud, deceit, or moral turpitude.
(2) The Planning-Community Development Director, for determination as to
whether the conduct of the business or activity will be in compliance with zoning
requirements and other rules, regulations and ordinances of the City.
The foregoing persons shall indicate on the application that the proposed permit is either
approved or disapproved or approved subject to specified conditions, and shall return the
application to the City Manager.
4-50.040 Grounds for denial of permit.
The City Manager shall deny issuance of a permit based upon any of the following grounds:
(a) A finding by the City Manager that the 3phe ?A is flOt Of 900d fflor-a4 ehar-aeter-.
(b) Disapproval of the application by the County Sheriff.
(c) A finding by the City Mapmge4 that the applicant has engaged in conduct within the City
or elsewhere for which a business license or permit could be revoked under the provisions of this
Chapter.
(d) A determination by the PlannigCommunitV Development Director that the conduct of
the business or activity would not be in compliance with all zoning requirements and other rules,
regulations and ordinances of the City.
Page 26 of 34
4-50.050 Issuance of permit; conditions; term.
If a permit is issued, it shall be subject to any conditions as may be imposed by the City
Manager, the County Sheriff, or the Planning Community Development Director. Peddler's and
solicitor's permits may be issued on a daily, weekly, monthly or annual basis.
4-50.060 Renewal of permit.
A permit issued under this Article may be renewed for a period not exceeding one year upon
application to the City Manager on such forms as he the Manager may prescribe, accompanied
by payment of a renewal fee in such amount as established from time to time by resolution of the
City Council, unless the applicant is exempted from the payment of such fee. The City Manager
shall renew the permit if upon finding that all of the requirements of this Article have
been satisfied by the permittee and no conditions of the permit have been violated.
[4-50.070 Transferability ofpermit. -No change to existing City Code.]
4-50.080 Commercial peddling or soliciting at night.
No commercial peddling or soliciting shall be conducted in the City before the hour of 8:00 A.M.
of any day, or after the hour of 7:00 P.M. of any day; provided, however, this restriction shall not
apply to any meeting between the peddler or solicitor and his-a customer arranged by
appointment with the customer. As used herein, the phrase "commercial peddling or soliciting"
means any peddling or soliciting conducted for the private gain or profit of any person and which
is not exempted from the payment of a business license fee under the provisions of Sections 4-
05.160 and 4-05.170 of this Chapter.
[4-50.090-4-50.120—No change to existing City Code.]
4-50.130 Suspension or revocation of permit.
(a) Any permit issued under this Article may be suspended or revoked by the City Manager
for any reason that would justify a refusal to issue the permit originally, or by reason of any
failure by the permittee to comply with all of the provisions of this Article, or any other
provisions of this Code, or any condition of such permit.
(b) The holder of the permit shall be given prompt notice of the intention to suspend or
revoke hi-s the permit. Such notice shall fix a time and place, not less than five nor more than
thirty days after service thereof, at which the holder of the permit may appear before the City
Manager and be granted a hearing upon the merits of the suspension or revocation. If after such
hearing the permit is ordered suspended or revoked, the holder shall have the right to appeal such
action to the City Council.
[4-50.140 -4-50.150—No change to existing City Code.]
Page 27 of 34
12. Article 4-60-Motion Picture Filming
Article 4-60
MOTION PICTURE FILMING
4-60.010 Purpose and definition.
(a) This Article is adopted in accordance with Section 14999.21 of the Government Code,
for the purpose of implementing the Model Film Permit Process as established by the California
Film Commission.
(b) The term "motion picture filming," as used in this Article, shall mean and include the
staging and shooting of motion pictures,television programs or commercials.
(c) The title"Community Events Official" refers to the City staff member designated by
the City-Manager in writing to carry out the functions described in this Article.
4-60.020 Designation of P41ie r s Direete Community Events Official.
The " t' Difee+ Community Events Official is hereby designated as the City's
representative to work directly with the film industry and to administer and enforce the
provisions of this Article. In the absence or unavailability of the" ' � ��r
Community Events Official, applications for motion picture filming permits shall be processed
by such alternate person as he the Official may designate.
4-60.030 Permit required.
(a) No person shall engage in the activity of motion picture filming in the City without first
obtaining a permit to do so pursuant to this Article.
(b) The holder of a valid motion picture filming permit issued pursuant to this Article shall
not be required to obtain a separate business license under Article 4-05 of this Chapter, or any
other form of special permit, license or approval from the City for the activities authorized to be
conducted under the terms and conditions of the motion picture filming permit.
4-60.040 Exemptions from Article.
Notwithstanding Section 4-60.030,the provisions of this Article shall not apply to any of the
following:
(a) Broadcasting or filming of current news events by persons in the employ of a television
station, newspaper, or other news media organization.
(b) Broadcasting or filming conducted by persons affiliated with the community access
television station servicing the City, as referenced in Section 4-25.070(a) of this Chapter.
(c) Motion picture filming and videotaping for private non-commercial use.
Page 28 of 34
4-60.050 Application for permit; fee.
(a) Applications for a motion picture filming permit shall be filed with the pie-per,
Di ter-Community Events Official on the standardized application form as promulgated by
the California Film Commission. The application shall include such additional information
concerning the nature and extent of the proposed filming activity as the Elie Servicer-eete
Community Events Official may reasonably require, including the intended use of public
facilities and the anticipated need for public services.
(b) The application shall be accompanied by payment of a filing fee in such amount as
established from time to time by resolution of the City Council. The filing fee shall be equivalent
to the City's direct and indirect costs for processing and issuing the motion picture filming permit
and monitoring the permittee's compliance with any conditions set forth therein.
(c) The Publ-icSei c Community Events Official may forward a copy of the
application to any other City departments and public agencies he the Official deems appropriate
for review and comment, including, but not limited to,the City engineering and maintenance
departments, the County Sheriff, and the fire district having jurisdiction over the proposed
filming activity. Any conditions or requirements requested by such other City departments and
public agencies shall be incorporated into the motion picture filming permit.
4-60.060 Issuance of permit.
(a) The D•� Ser- i ,,���erCommunity Events Official shall issue the motion picture
filming permit when all requirements for issuance thereof have been fully satisfied, as
determined by said Direcfer Official. The permit shall not become effective until it has been
signed by the applicant to indicate acceptance of all terms and conditions that may be specified
in the permit.
(b) A copy of the motion picture filming permit shall be kept on site at all times during the
conduct of the filming activity and shall be available for inspection by any representative of the
City or any law enforcement officer.
(c) In the event the Community Events Official is aware that the proposed motion picture
filming activity requires a permit or approval to be granted by any other governmental agencies,
the PubliServiees Direeter- Community Events Official shall indicate such fact on the permit
issued to the applicant and shall notify such other agencies of the proposed filming activity.
4-60.070 Conditions of permit.
(a) The motion picture filming permit may be issued subject to any conditions or
requirements which the enc-Services Dir-eetc-Community Events Official considers
Page 29 of 34
necessary or appropriate for protection of the public safety and protection of public and private
property. Such conditions and requirements may include,without limitation, any or all of the
following:
(1) Hiring of police personnel for security and traffic control.
(2) Furnishing of traffic and crowd control signs,barricades, and devices.
(3) Implementation of safety measures to prevent the occurrence of fire.
(4) Repair or replacement of any damaged public or private property.
(5) Restrictions on the time of day during which, and the locations at which,the
filming and related activities may be conducted.
(6) Requirements for control and daily removal of trash and debris and restoration of
the site upon completion of the filming activity.
(b) The Publie PubC ..s Direetor Community Events Official shall have continuing
authority following issuance of the permit to modify the conditions set forth therein or impose
additional conditions for the protection of persons and property.
4-60.080 Insurance and indemnification.
(a) No motion picture filming permit shall be issued until the applicant has furnished to the
Publie Sen4ees Dir-eete Community Events Official a general liability special endorsement, in
the form prescribed or approved by the California Film Commission, showing comprehensive
general liability insurance coverage in the amount of not less than one million dollars, and
naming the City and its officers, officials, employees and volunteers as insured parties under the
applicant's policy. The endorsement shall provide for such deductibles and other coverages as
specified or approved by the Publie Se ..e..s Dir-eet Community Events Official.
(b) Every motion picture filming permit shall be issued subject to the condition and
requirement that the permittee indemnify, defend and hold the City and its officers, officials,
employees and volunteers harmless from and against any and all claims, demands, costs,
expenses, or liabilities arising from, or in any manner relating to,the conduct of the motion
picture filming activity by the permittee and its employees, agents, contractors, subcontractors,
representatives, or invitees.
4-60.090 Modification of permit.
In response to a request from the permittee,the Public Ser-view Dir-ee*_- Community Events
Official may issue riders to the motion picture filming permit for the purpose of amending any
term or provision contained therein. No additional application fee shall be charged for staff time
to process the amendment, but the permittee shall pay any other costs or expenses the City may
Page 30 of 34
incur as a result of such request. The rider may be issued subject to any additional conditions
imposed by the Publ=eServiees DireetCommunity Events Official in accordance with
Section 4-60.070 of this Article. A motion picture filming permit may not be amended after the
filming activity has been completed and all conditions of the original or amended permit have
been fully satisfied.
4-60.100 Cost of services; cleaning deposit.
(a) The permittee shall be required to pay all costs of providing public facilities and public
services for the motion picture filming activity to be conducted pursuant to the permit, including,
but not limited to,Police and Fire Department personnel costs, Ce unity Serviee nffi and
City incurred personnel. contract services or material ra City T� • +
-... ----_- l{l COStS u ate, 1�1u11111+11RIIGG
Departmento . As.a condition for issuance of the motion picture filming permit, the die
Sen,iees L==e�Comunity Events Official may require payment of a cash deposit in an
amount equal to the estimated cost of all such public facilities and services. Within ten thir
business days after completion of the filming activity, the City shall furnish to the permittee an
accounting of the actual total cost of all public facilities and services provided to or for the
benefit of the permittee. The Dir-eeter Official shall either refund to the permittee any balance of
the cash deposit remaining after payment of such total cost, or submit to the permittee a billing
for the amount by which the actual total cost of public facilities and services exceeds the cash
deposit. The permittee shall pay any excess cost within ten days after submission of the billing.
(b) As a separate condition for issuance of the motion picture filming permit,the Elie
Se :'iees L==ei Community Events Official may require payment of a damage and cleaning
deposit to secure the permittee's obligation to maintain and leave the filming location in proper
condition. The cleaning deposit, or any remaining balance thereof, shall be refunded to the
permittee within ten business days after completion of the filming activity. The City shall furnish
to the permittee a statement describing nature and amount of any disbursements made from the
cleaning deposit.
4-60.110 Cancellation or revocation of permit.
(a) The permittee may cancel the permit at any time prior to the conduct of filming activity
by giving written notice of cancellation to the-PubneS Community Events
Official. In such event, any cash deposits collected by the City pursuant to Section 4-60.100 of
this Article shall be refunded to the permittee, together with any portion of the application fee
representing the estimated cost of monitoring the filming activity, as determined by the P
ublie
Ser-yiees Dirzeter-Community Events Official.
(b) The PublieSer-vi ,� Community Events Official may revoke a motion picture
filming permit upon any failure by the permittee to comply with any condition or requirement set
forth in the permit.
13. Article 4-65 - Recyclers
Article 4-65
Page 31 of 34
RECYCLERS
[4-65.010- 4-65.020—No change to existing City Code.]
4-65.030 Application for permit; fee; investigation by City Manager.
(a) Application for a permit hereunder shall be made to the City Manager on such forms as
he the City Manager may prescribe, which shall include the following information:
(1) Name and address of the applicant,together with the name and address of each
person who will be engaged in recycling in the City for or on behalf of the applicant.
(2) The location of the principal place of business, and if such principal place of
business is in the City, a statement of the zoning classification for such location.
(3) A complete description of the business, activity program, or other purpose for
which the recycling will be made, including a copy of all brochures, forms, contracts,
subscriptions,handouts, and other documents to be used in connection with such
recycling.
(4) If the recycling will be conducted for an organization or an activity which is
exempted from the payment of business license fees under the provisions of Sections 4-
05.160 and 4-05.170 of this Chapter,the applicant shall provide documents establishing,
to the satisfaction of the City Manager, the qualification for such exemption.
(5) Such other information and documents as the City Manager may require.
(b) The application shall be accompanied by a processing fee in such amount as may be
established from time to time by resolution of the City Council; provided,however, no such fee
shall be charged if the applicant is found to be exempted from the payment of a business license
fee under the provisions of Sections 4-05.160 and 4-05.170 of this Chapter.
(c) Upon receipt of the application and other documents and the fee (if payable) as required
in subsections (a) and (b) of this Section,the City Manager shall conduct such investigation as he
the City Manager deems appropriate to determine whether a permit should be issued. In
connection, therewith,the City Manager shall forward a copy of the application to the
Plamiin
Community Development Director, for determination as to whether the conduct of the business
or activity will be in compliance with zoning requirements and other rules, regulations and
ordinances of the City.
The Community Development Director,-ere;gxoi==g per'sens shall indicate on the application
that the proposed permit is either approved or disapproved or approved subject to specified
conditions, and shall return the application to the City Manager.
4-65.040 Grounds for denial of permit.
The City Manager shall deny issuance of a permit based upon any of the following grounds:
Page 32 of 34
(a) A finding by the City Manager that the applicant has engaged in conduct within the City
or elsewhere for which a business license or permit could be revoked under the provisions of this
Chapter.
(b) A determination by the Community Development Director that the conduct of
the business or activity would not be in compliance with all zoning requirements and other rules,
regulations and ordinances of the City.
4-65.050 Issuance of permit; conditions;term.
If a permit is issued, it shall be subject to any conditions as may be imposed by the City
Manager, or the Planning Community Development Director. Recycler's permits may be issued
on an annual basis.
4-65.060 Renewal of permit.
A permit issued under this Article may be renewed for a period not exceeding one year upon
application to the City Manager on such forms as he-the City Manager may prescribe,
accompanied by payment of a renewal fee in such amount as established from time to time by
resolution of the City Council, unless the applicant is exempted from the payment of such fee.
The City Manager shall renew the permit if he finds upon finding that all of the requirements of
this Article have been satisfied by the permittee and no conditions of the permit have been
violated.
[Sections 4-65.070- 4-65.080—No change to existing City Code.]
4-65.090 Quarterly reports.
In order for the City to meet the waste reduction goals and reporting requirements of the
California Integrated Waste Management Act of 1989, (California Public Resources Code §§
40000 et seq.) the recycler shall submit to City on a quarterly basis, a report in a form
satisfactory to the City's Envil a o„*Cr Programs CManager setting
forth the amount of
recyclable materials collected within the City during that time period.
[Sections 4-65.100 - 4-65.120—No change to existing City Code.]
C. Amendment to Cha ter 6
6-10.120 - Violations of Article.
Page 33 of 34
The violation of any provision contained in this Article is hereby declared to be unlawful and
shall constitute an infraction and a public nuisance. In addition to any other legal remedies
available to the City under the provisions of this Code, a violation of this Article set forth below
shall be subject to the following penalties based upon the type of infraeti set by resolution of
the City Council.
(a) Installing or using an outside audible alarm which,upon activation, emits a sound similar
to sirens in use on emergency vehicles or for disaster warning purposes (Section 6-10.060):two
hundred fifty dollars.
(b) Installing or using an outside audible alarm without a fifteen-minute automatic reset
(Section 6-10.060): one hundred attar"
(c) Installing or using a prohibited direct-dial alarm system (Section 6-10.070).: two hun roa
fifty-dellafs
(d) Maintaining, using or possessing an alarm system which has caused any false alarm to be
transmitted to the County communications center, or the County Sheriffs Office by
communication from an alarm business or a person responding to the false alarm:
(1) For-the third verified false alafm within any ea4endar- seventy five.
r2\ or-the foufth verified f t alarm ithit � hundred do!
ri,r
�uu i
(3) For-4l- fifth verified F 1 alafm within n nda yeaf: two hundred dollars.
(4) For-the sixth and subsequent verified false alar-ms within any ealendar-feaf4. wo
hundfed fifl.r dol arc.
636275.1
Page 34 of 34