CHAPTER IV

EMERGENCY PREPAREDNESS

Subject Article

Definitions 01

Emergency Preparedness Committee 02

Emergency Services Director 03

Continuation of Government 04

Emergency Response Organization 05

Penalties 06

ARTICLE 01 – Back to top

DEFINITIONS
 

SECTION:

04.01.01:Definitions
 

04.01.01:DEFINITIONS: The following words and phrases, when used in this Chapter, shall have the meanings respectfully ascribed to them in this Section:
 

EMERGENCY: The actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City as the result of natural or man-made events, such as fire, storm, riot, earthquake, war or other conditions, other than conditions resulting from a labor controversy, which are beyond the control of the services, personnel, equipment and facilities of the City and require the combined forces of other political subdivisions to combat.
 

MULTIHAZARD PLANNING: The preparation of response procedures for different emergencies which may occur in the City. (Ord. 958, 6-14-89)

ARTICLE 02 – Back to top

EMERGENCY PREPAREDNESS COMMITTEE
 

SECTION:

04.02.01:Emergency Preparedness Committee

04.02.02:Mutual Aid Plans

04.02.03:Multihazard Preparedness Plan
 

04.02.01: EMERGENCY PREPAREDNESS COMMITTEE: The San Marino Emergency Preparedness Committee is hereby created and shall consist of the following:

A. A member of the City Council appointed by the Mayor.

B. The Emergency Services Director.

C. A representative from the City's Police and Fire Departments appointed by the City Manager.

D. Such representatives of civic, business, schools or other organizations as may be appointed by the Mayor with the advice and consent of the Council. (Ord. 958, 6-14-89)

04.02.02: MUTUAL AID PLANS: It shall be the duty of the Emergency Preparedness Committee and it is hereby empowered to develop and recommend for adoption by the Council mutual aid plans and agreements and such ordinances and resolutions, rules and regulations as are necessary to implement such plans and agreements. (Ord. 958, 6-14-89)

04.02.03: MULTIHAZARD PREPAREDNESS PLAN: The Emergency Preparedness Committee shall be responsible for the development of the City's Multihazard Emergency Preparedness Plan. Said Plan shall provide for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency and shall provide for the organization, powers and duties, services and staff of the emergency organization. Said plan shall take effect upon adoption by resolution of the City Council. (Ord. 958, 6-14-89)

ARTICLE 03 – Back to top

EMERGENCY SERVICES DIRECTOR
 

SECTION:

04.03.01: Emergency Services Director

04.03.02: Assistant Emergency Services Director

04.03.03: Powers and Duties

04.03.04: Succession
 

04.03.01: EMERGENCY SERVICES DIRECTOR:
 

There is hereby created the position of Emergency Services Director. The City Manager shall serve as the Emergency Services Director. (Ord. 958, 6-14-89)
 

04.03.02: ASSISTANT EMERGENCY SERVICES DIRECTOR:
 

There is hereby created the position of Assistant Emergency Services Director. The position shall be filled by appointment of the City Manager. (Ord. 958, 6-14-89)

04.03.03: POWERS AND DUTIES:
 

The Emergency Services Director is hereby empowered to:
 

1. Request the City Council to proclaim the existence or threatened existence of a "local emergency". If the Council is not in session, the Director shall request the Mayor to make such proclamation. If the Mayor and Vice Mayor are unavailable, as defined by State law, and the immediate threat to public health and safety so demands, the Director shall be empowered to proclaim the local emergency, which action must be ratified by the Council within seven (7) calendar days or the proclamation shall have no further force or effect. Such proclamation shall be renewed no less than every fourteen (14) days by the Council.

2. Request the Governor to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are not adequate to cope with the emergency.
   Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this Chapter.

3. Direct cooperation between and coordination of services and staff of the emergency organization of the City, and resolve questions of authority and responsibility that may arise between them.
   Represent the City in all dealings with public and private agencies on matters pertaining to emergencies as defined herein.

4. In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Services or the existence of a "state of war emergency", the Director is hereby empowered:
    

• To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council.
   

• To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use.
   

• To require emergency services of any City officer or employee and, in the event of the proclamation of a "state of emergency" in the County or the existence of a "state of war emergency", to command the aid of as many citizens of the City as he/she deems necessary in the execution of his/her duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by State law for registered emergency service workers.
   

• To requisition necessary personnel or material of any City department or agency.
   

• To suspend without pay any City employee who fails to obey an order by the Director or his/her designated representative.
   

• To execute all of his/her ordinary power as City Manager, all of the special powers conferred upon him/her by this Chapter or by resolution or approved plan adopted pursuant hereto, all powers conferred upon him/her by any statute or agreement approved by the Council or by any other lawful authority and, in conformity with section 38791 of the State Government Code, to exercise complete authority over the City and to exercise all police powers vested in the City by the State Constitution and general laws.
   

• To declare hours of curfew for all persons, and during said hours of curfew, all persons shall be at their homes and shall not be on the streets, alleys or other public areas of the City, except in cases of extreme urgency. The curfew shall be confirmed in a proclamation of the Mayor within seven (7) days, which proclamation shall be delivered to the Police Chief, who shall then see that said proclamation and curfew are enforced and warn the public that any violation of the curfew shall be deemed a misdemeanor, and violators will be arrested.
   

• To temporarily close any and all streets, alleys and other public rights of way or property in the City to the public whenever, in the opinion of the Director, it is necessary in order to maintain the peace or safety of said community.
   

• To declare all or any business establishments to be closed and remain closed until further order. Any person, after notice, refusing to close and remain closed shall be guilty of a misdemeanor. The Mayor shall issue a proclamation within seven (7) days of said order which shall inform said business of said closure.
   

• To invoke any or all of the following provisions:
   

5. Alcoholic Beverages: No person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly designated restricted area.

6. Weapons: No unauthorized person shall carry or possess any rock, bottle, club, brick, gun or other weapon in a public street or place or within a duly designated restricted area.

7. Restricted Areas: No person shall enter any area designated by the Director as a restricted area unless in the performance of official duties or with the written permission from the Director or his/her duly designated representative, or such person shall prove residence therein. (Ord. 958, 6-14-89)
    

04.03.04: SUCCESSION:

The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his/her duties during an emergency. Such order of succession shall be approved by the City Council. (Ord. 958, 6-14-89)

ARTICLE 04 – Back to top

CONTINUATION OF GOVERNMENT
 

SECTION:

04.04.01: Continuation of Government; Council

04.04.02: Continuation of Government; Departments !2R!
 

04.04.01: CONTINUATION OF GOVERNMENT; COUNCIL:
 

The City Council hereby appoints the members of the Planning Commission to serve as "standby officers" of the City Council pursuant to the provisions of Government Code sections 8635 through 8644. The "standby officers" shall serve in the order of his/her seniority on the Planning Commission. In the event more than one member of the Planning Commission has equal seniority, the seniority shall be determined alphabetically by the last name of the Commissioner. (Ord. 958, 6-14-89)
 

04.04.02: CONTINUATION OF GOVERNMENT; DEPARTMENTS:

The City Manager shall designate the order of succession for each of the heads of the various departments of the City in the event of an emergency. (Ord. 958, 6-14-89)

ARTICLE 05 – Back to top

EMERGENCY RESPONSE ORGANIZATION
 

SECTION:

04.05.01: Emergency Response Organization

04.05.02: Director of Emergency Response Organization

04.05.03: Duties and Functions

04.05.04: Expenditures
 

04.05.01: EMERGENCY RESPONSE ORGANIZATION:

All officers and employees of the City, all volunteer forces enrolled to assist during an emergency and all groups, organizations and persons who by agreement or operation of law, including persons impressed into service under the provisions of this Chapter, are charged with duties incident to the protection of life and property in the City during such emergency, and shall constitute the Emergency Response Organization of the City of San Marino. (Ord. 958, 6-14-89)
 

04.05.02: DIRECTOR OF EMERGENCY RESPONSE ORGANIZATION:

The Emergency Services Director shall serve as the Director of the Emergency Response Organization. (Ord. 958, 6-14-89)
 

04.05.03: DUTIES AND FUNCTIONS:

The duties and functions of the Emergency Response Organization, its relationship with the American Red Cross and with appropriate State and Federal agencies, shall be as designated by law of the Federal government, the State or by the City's Multihazard Preparedness Plan. (Ord. 958, 6-14-89)
 

04.05.04: EXPENDITURES:

All expenditures made by the Emergency Response Organization, with the approval of the Emergency Services Director in connection with declared emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of San Marino. (Ord. 958, 6-14-89)

ARTICLE 06 – Back to top

PENALTIES
 

SECTION:

04.06.01: Punishment of Violations
 

04.06.01: PUNISHMENT OF VIOLATIONS:

It shall be a misdemeanor or an infraction, as determined by the City Prosecutor, punishable as provided in Chapter I, Article 04 of this Code, for any person, during an emergency, to:

A. Wilfully obstruct, hinder or delay any member of the Emergency Response Organization in the enforcement of any lawful rule or regulation issued pursuant to this Chapter or in the performance of any duty imposed upon him/her by virtue of this Chapter.

B. Do any act forbidden by any lawful rule or regulation issued pursuant to this Chapter if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the City or to prevent, hinder or delay the defense or protection thereof.

C. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the State. (1990 Revs.; 1994 Code)

CHAPTER V

(Reserved)

CHAPTER VI

ANIMALS AND FOWL

Subject Article

Definitions 01

Animals - General 02

Fowl 03

Cats 04

Dogs 05

Impoundment 06

ARTICLE 01 – Back to top

DEFINITIONS
 

SECTION:

06.01.01: Definitions
 

06.01.01: DEFINITIONS:
 

The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this Section:

ANIMAL: Any animal and includes snake, alligator, crocodile, turtle, rabbit, other rodents and reptiles and mammals.

BEES: All types of bees, including hornets and wasps.

CAT KENNEL: Any place where five (5) or more feline animals are kept or permitted to remain.

DOG KENNEL: Any place where more than two (2) female canine animals over the age of six (6) weeks, or more than three (3) canine animals over the age of six (6) weeks, are kept or permitted to remain.

DOG RUN: Any portion of a residential yard which is fenced off or enclosed for the purpose of keeping a dog or other animal therein.

ENCLOSURE: Any fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be appropriately housed.

FOWL: All birds, but shall not include canary, love birds, mynah, finch, parrot, parakeet or other household bird.

POTENTIALLY DANGEROUS DOG: Means any of the following:

A. Any dog, which, when unprovoked, on two (2) separate occasions within the prior thirty six (36) month period, engages in any behavior that requires defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

B. Any dog, which, when unprovoked, bites a person causing a less severe injury than as defined in this Section.

C. Any dog, which, when unprovoked, on two (2) separate occasions within the prior thirty six (36) month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

SEVERE INJURY: Any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery

VICIOUS DOG: Means any of the following:

A. Any dog seized and upon the sustaining of a conviction of the owner or keeper.

B. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

C. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in the definition of "Potentially Dangerous Dog" or is maintained in violation of this Article. (Ord. 973, 2-20-90; 1994 Code)

ARTICLE 02 – Back to top

ANIMALS - GENERAL
 

SECTION:

06.02.01: Keeping Animals in General

06.02.02: Animals Prohibited

06.02.03: Bee Keeping Prohibited

06.02.04: Control of Animals

06.02.05: Abatement of Nuisance

06.02.06: Burial of Dead Animals
 

06.02.01: KEEPING ANIMALS IN GENERAL:

It shall be unlawful for any person to have, own, possess or keep any animal, fowl or beehive which, by noise, odor, unsightliness, trespass on other property or by its unsanitary condition, disturbs the peace or comfort of any neighborhood or interferes with any person in the reasonable or comfortable enjoyment of his/her life or property. (Ord. 973, 2-20-90)
 

06.02.02: ANIMALS PROHIBITED:

It shall be unlawful and is hereby declared a public nuisance to keep, maintain or possess any of the following animals in the City:

A. Cattle;

B. Horse, mule, burro, donkey or ass;

C. Goat;

D. Hog, pig;

E. Lion, tiger, ocelot, leopard or other wild or domesticated feline, except house cats; or

F. Any animal generally residing in the wild. (Ord. 973, 2-20-90)
 

06.02.03: BEE KEEPING PROHIBITED:

It shall be unlawful for any person to keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him/her in the City, any hive of bees for commercial purposes. (Ord. 973, 2-20-90)
 

06.02.04: CONTROL OF ANIMALS:

It shall be unlawful for any person to allow or permit any animal owned or controlled by him/her to run at large or to go upon the premises of any other person without invitation or upon any public property in the City.

It shall be unlawful for any person to keep any animal, other than a dog, housed or caged within a structure that is less than thirty five feet (35') from any dwelling house or structure used as a dwelling house. (Ord. 973, 2-20-90; 1994 Code)
 

06.02.05: ABATEMENT OF NUISANCE:

Any nuisance existing in violation of this Chapter shall be abated by the City at the expense of the person creating, causing, committing or maintaining the same, and the expense of such abatement shall be a lien against the property on which the nuisance is committed or maintained and a personal obligation against the property owner. (Ord. 973, 2-20-90)
 

06.02.06: BURIAL OF DEAD ANIMALS:

It shall be unlawful for any person in the City having possession or control of any dead household pet, animal or part thereof, which was not slaughtered for or is not fit for human food, to fail, refuse or neglect to cause the same within six (6) hours of its death to be removed from the City or buried. (Ord. 973, 2-20-90)

ARTICLE 03 – Back to top

FOWL
 

SECTION:

06.03.01: Fowl Prohibited

06.03.02: Outside Aviary

06.03.03: Control of Birds !2R!

06.03.01: FOWL PROHIBITED:

It shall be unlawful and is hereby declared a public nuisance to keep, maintain or possess any fowl, such as chickens, roosters, geese, turkeys, guinea fowl, pea fowl and ducks or other similar domesticated fowl or wild varieties thereof in the City. (Ord. 973, 2-20-90)
 

06.03.02: OUTSIDE AVIARY:

It shall be unlawful to keep or to suffer or permit to be kept birds (other than fowl, which are absolutely prohibited), in an outside aviary which is located less than thirty five feet (35') from any residential house or structure. (Ord. 973, 2-20-90)
 

06.03.03: CONTROL OF BIRDS:

It shall be unlawful for any person to allow or permit any birds under his/her control to create a nuisance by excess noise or by roaming at large or going upon the premises of any other person in the City. (Ord. 973, 2-20-90)

ARTICLE 04 – Back to top

CATS
 

SECTION:

06.04.01: Location of Kennels

06.04.02: Keeping of Cats for Breeding Purposes

06.04.03: Control of Cats
 

06.04.01: LOCATION OF KENNELS:

It shall be unlawful for any person to establish, keep or maintain or to allow or permit to be established, kept or maintained, upon any premises owned or controlled by him/her in the City, any cat kennel, any portion of which is situated within one thousand feet (1,000') of any dwelling house other than that occupied by the owner or person in control of such cat kennel. (Ord. 973, 2-20-90)

06.04.02: KEEPING OF CATS FOR BREEDING PURPOSES:

It shall be unlawful for any person to keep or maintain or to allow or permit to be kept or maintained, upon any premises owned or controlled by him/her in the City, any cat, either male or female, being kept mainly for breeding purposes within three hundred feet (300') of any dwelling house other than that occupied by the owner or person in control of such cat. (Ord. 973, 2-20-90)
 

06.04.03: CONTROL OF CATS:

It shall be unlawful for any person to allow or permit any cat under his/her control to create a nuisance by excess noise or by destroying the property of any other person in the City. (Ord. 973, 2-20-90)

ARTICLE 05 – Back to top

DOGS
 

SECTION:

06.05.01: Dog Kennels

06.05.02: Keeping of Dogs for Breeding Purposes

06.05.03: Running at Large Prohibited

06.05.04: Sanitary Requirements

06.05.05: Dogs Defecating on Public or Private Property

06.05.06: Dog License Required

06.05.07: Dog License Issuance

06.05.08: Penalty Charges

06.05.09: Registration of Tags; Duplicates for Lost Tags

06.05.10: Vaccination Required

06.05.11: Potentially Dangerous and Vicious Dogs !2R!
 

06.05.01: DOG KENNELS:

It shall be unlawful for any person to establish, keep or maintain or to allow or permit to be established, kept or maintained, upon any premises owned or controlled by him/her in the City, any dog kennel, any portion of which is situated within one thousand feet (1,000') of any dwelling house other than the one occupied by the owner or person in control of such dog kennel. (Ord. 973, 2-20-90)
 

06.05.02: KEEPING OF DOGS FOR BREEDING PURPOSES:

It shall be unlawful for any person to keep or maintain or to allow or permit to be kept or maintained, upon any premises owned or controlled by him/her in the City, any dog, either male or female, being kept mainly for breeding purposes, within three hundred feet (300') of any dwelling house other than the one occupied by the owner or person in control of such dog. (Ord. 973, 2-20-90)
 

06.05.03: RUNNING AT LARGE PROHIBITED:

It shall be unlawful for any person owning, controlling or having in his/her care or keeping any dog, whether licensed or unlicensed, to suffer or permit such dog to be at large upon the streets, alleys or public places or upon any vacant, unoccupied or unenclosed lots, lands or premises within the City unless such dog is on a leash and under the control of a person. (Ord. 973, 2-20-90)

06.05.04: SANITARY REQUIREMENTS:

It shall be unlawful for any person to keep or suffer or permit to be kept at or upon any premises owned, controlled or occupied by such person in the City any dog run or any other place where animals or pets are kept in a foul, offensive, noxious or filthy condition. No dog run shall be placed within thirty five feet (35') of any adjoining dwelling house. (Ord. 973, 2-20-90; 1994 Code)
 

06.05.05: DOGS DEFECATING ON PUBLIC OR PRIVATE PROPERTY:

It shall be unlawful for any person owning or having custody or control of any dog to knowingly or through failure to exercise due care or control, permit such dog to defecate and allow such excrement to thereafter remain in excess of five (5) minutes, in any public park, upon the sidewalk or parkway of any street, or upon any private property which is improved or occupied without the consent of the owner or occupant thereof. (Ord. 973, 2-20-90)
 

06.05.06: DOG LICENSE REQUIRED:

It shall be unlawful for any person to own or harbor any dog, male or female, over the age of four (4) months, within the City, unless there shall be attached to such dog a collar upon which there shall be a current numbered metal license tag provided by the City. Said license shall expire on March 31 of the calendar year. (Ord. 973, 2-20-90; 1994 Code)
 

06.05.07: DOG LICENSE ISSUANCE:

A. City Clerk Responsibility: The City Clerk shall be responsible for issuing the dog license required pursuant to this Article.

B. Application: Applications for a dog license shall be upon a form provided by the City. The information required shall contain the following:

1. Name and address of the applicant;

2. Phone number of the applicant;

3. Description of the dog;

4. Proof of rabies vaccination; and

5. Proof of dog being spayed or neutered, if applicable.

C. License Fee: Effective January 1, 1991, the City may provide the applicant the option of purchasing a license valid for either one year, two (2) years or for three (3) years. In no event shall the term of the license exceed the effective period of the rabies vaccination. The license fee shall be as follows:
 

• One Year: Spayed or neutered dog $15.00

• All other dogs 25.00
  
   

• Two Years: Spayed or neutered dog 25.00

• All other dogs 45.00
  
   

• Three Years: Spayed or neutered dog 35.00

• All other dogs 65.00

A one year license shall be prorated for the second six (6) months of each license year. There shall be no prorating for a two (2) or three (3) year license. (Ord. 973, 2-20-90)

06.05.08: PENALTY CHARGES:

A penalty charge of two dollars ($2.00) per month shall be added to the regular license fee for each month or portion thereof, after one month in which there is a delinquency in the application or payment of renewal fees as set forth in this Article. In no event shall the penalties exceed twice the amount of the license fee. (Ord. 973, 2-20-90)
 

06.05.09: REGISTRATION OF TAGS; DUPLICATES FOR LOST TAGS:

The City Clerk shall keep a register containing the name of the dog, the name and address of the owner, the license tag number and the date of issuance for each tag issued. Whenever any person shall apply to the City Clerk for a duplicate tag alleging that the original tag issued to such person has been lost or stolen, the City Clerk, upon satisfactory proof of such circumstances and the payment of a fee of five dollars ($5.00) therefor, shall issue a new tag. The register shall be changed to reflect the new tag number and shall indicate that fact that such tag was issued as a duplicate of a tag formerly issued. (Ord. 973, 2-20-90)
 

06.05.10: VACCINATION REQUIRED:

Every person keeping, harboring or having a dog over the age of four (4) months in the City shall cause such dog to be vaccinated with rabies vaccination within a period of six (6) weeks from the date such dog was first harbored, kept or had within the City, or within six (6) weeks from the date the dog attained the age of four (4) months.

The vaccination and revaccination shall be of a type and at such time intervals as may be required pursuant to the State Health and Safety Code or the County Health Code. Proof of current vaccination shall be submitted at the time of application for a license tag pursuant to this Article. (Ord. 973, 2-20-90)
 

06.05.11: POTENTIALLY DANGEROUS AND VICIOUS DOGS:

It shall be unlawful for any person to keep or cause to be kept upon any premises in the City any potentially dangerous or vicious dog, unless such dog is kept restrained at all times or within a secured enclosure.

It shall be a misdemeanor to permit or cause any potentially dangerous or vicious dog to run unrestrained upon any public property or upon any property except that owned and occupied by the dog's owner.

The owner of such dog shall be responsible and liable for any potentially dangerous or vicious dog running unrestrained or attacking any individual or property. (Ord. 973, 2-20-90; 1994 Code)

ARTICLE 06 – Back to top

IMPOUNDMENT
 

SECTION:

06.06.01: Designation of Officer and Pound

06.06.02: Impoundment

06.06.03: Entry on Private Property

06.06.04: Release of Impounded Animal

06.06.05: Redemption of Impounded Animal by Person Other Than Owner

06.06.06: Destruction of Unredeemed Animals !2R!
 

06.06.01: DESIGNATION OF OFFICER AND POUND:

The City Council shall designate the Animal Control Officer for the City and the City animal pound by resolution. (Ord. 973, 2-20-90)
 

06.06.02: IMPOUNDMENT:

It shall be the duty of the Animal Control Officer and members of the Police Department to impound or cause to be impounded in the City animal pound, and to keep or cause to be kept confined in the pound, any of the following:

A. Any dog or other animal without a current license tag issued by this City or other governmental agency.

B. Any dog or other animal which is found unattended in the streets, alleys or public places or upon any vacant, unoccupied or unenclosed lots, lands or premises within the City.

C. Any animal not permitted to be kept in the City.

D. Any dog or animal kept in a condition in violation of the City Code. (Ord. 973, 2-20-90)
 

06.06.03: ENTRY ON PRIVATE PROPERTY:

Any officer of the Police Department, the Animal Control Officer or any employee or officer of the animal pound shall have the right to enter upon any private property in the City in order to examine or capture any animal thereon or therein; provided, however, that no such officer or employee shall have the right to enter a house which is in use as a residence without first having secured an inspection warrant therefor. (Ord. 973, 2-20-90)
 

06.06.04: RELEASE OF IMPOUNDED ANIMAL:

No animal impounded by the City shall be released to any person except where the following conditions have been met:

A. There has been presented to the poundmaster a current license for such animal issued by the City Clerk, or if the person keeping, harboring or having such animal is not a resident of the City, such nonresident person has presented to the poundmaster a current license for such animal issued by any other appropriate governmental agency.

B. There has been paid to the poundmaster the impounding, collection and other fees as provided by law.

C. If the dog has not been vaccinated, that such vaccination has taken place and the appropriate fee has been paid.

D. The poundmaster has determined that such animal does not have and is not reasonably suspected of having rabies.

E. If the poundmaster suspects that any impounded animal has rabies, the animal shall be held for inspection by the County Health Officer.

1. If the Health Officer determines the animal has rabies, the animal shall be confined or disposed of as determined by the Health Officer.

2. If the Health Officer determines that such animal may develop rabies, it shall be confined for such time as the Health Officer shall direct.

3. If the Health Officer determines that such animal does not have rabies, it shall be released in accordance with this Section. (Ord. 973, 2-20-90)
 

06.06.05: REDEMPTION OF IMPOUNDED ANIMAL BY PERSON OTHER THAN OWNER:

If, after the time required by law to hold an impounded animal for redemption by the owner, the owner has failed to redeem such animal, the animal may be redeemed by any other person upon compliance with Section 06.06.04 of this Article. (Ord. 973, 2-20-90)
 

06.06.06: DESTRUCTION OF UNREDEEMED ANIMALS:

Animals not redeemed as provided by this Article shall be destroyed and buried by the officials of the pound or disposed of as permitted by law provided that written notice to the owner has been given (if such owner is known) and at least seventy two (72) hours have elapsed from the time the dog was impounded. (Ord. 973, 2-20-90; 1994 Code)

CHAPTER VII

(Reserved)
 

CHAPTER VIII

PUBLIC NUISANCES

Subject Article

Definitions 01

Nuisance Conditions 02

Nuisance Abatement 03

Vehicles 04

Emergencies 05

Unoccupied Residential Property 06

Penalties 07

ARTICLE 01 – Back to top

DEFINITIONS
 

SECTION:

08.01.01: Definitions

08.01.01: DEFINITIONS:

The following words and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section:
 

COST OF ABATEMENT: All actual costs incurred by the City in connection with the abatement including, but not limited to, preparation of work orders and/or contracts, labor and inspection costs, cost of rental equipment, legal fees or, if City equipment is used, the cost of commercial rental or similar equipment. The City shall offset any salvage value resulting from the abatement against the cost of abatement.
 

OWNER: Such person or persons shown as the owner(s) of the real property on the last equalized assessment roll of the Los Angeles County Tax Assessor. (Ord. 952, 3-8-89)

ARTICLE 02 – Back to top

NUISANCE CONDITIONS
 

SECTION:

08.02.01: Conditions Constituting a Public Nuisance !2R!
 

08.02.01: CONDITIONS CONSTITUTING A PUBLIC NUISANCE:
 

By way of example only, and not by way of limitation, the following conditions on real property shall constitute a public nuisance:
 

A. Overgrown vegetation or dead, decayed or diseased trees or other vegetation which constitutes an unsightly appearance or which are dangerous to public safety or welfare or which are detrimental to nearby property or property values.
 

B. Land, topography, geology or configuration, whether in a natural state or as a result of grading operations, excavation or fill, which causes erosion, subsidence or water surface drainage problems of such magnitude as to be injurious to the public health, safety and welfare or to adjacent properties.
 

C. Storage or accumulation of debris, rubbish or trash visible from the public right of way for more than twenty four (24) hours.
 

D. Storage of debris, rubbish or trash which constitutes a fire hazard or is attractive to rodents or other pests.
 

E. Storage or accumulation of broken, discarded or inoperable household furnishings, appliances, tools or machinery, play equipment or other similar items visible from the public right of way.
 

F. Materials or items of any kind stored on rooftops visible from the public right of way or from neighboring properties.
 

G. Garbage or trash cans or containers that are:

1.       Stored on front or side yard areas which are visible from the public right of way; or

2.       Emitting offensive odors to adjacent properties.

H. Any structure or buildings or other improvements, either permanent or temporary, which:

1.       Are structurally unsafe, either entirely or partially.

2.       Have faulty weather protection including, but not limited to, crumbling, cracked, missing, broken or loose exterior plaster or other siding, roofs, foundations, floors, windows or doors or lack of paint or other protective finish.

3. Constitute a fire hazard.

4. Are left in a partially constructed state for one week and for which a construction/building permit, if any, has expired.

5. Are unoccupied or abandoned and which have been left open and unlocked or otherwise unsecured so as to be accessible to persons and animals or unprotected from the elements.

6. Are in violation of any provision of the City Code or any other law, statute, code or regulation which the City is empowered to enforce.

I. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.

J. Fences or walls which are unsightly, unsafe, in a state of disrepair or which hinder or obstruct access to public sidewalks.

K. Attractive nuisances including, but not limited to, unsecured and or hazardous pools, ponds, refrigerators or excavations.

L. On-site and off-site signs which advertise uses no longer conducted or products no longer sold on the property.

M. Commercial signs located on any building which has been vacant for more than forty five (45) days, excluding signs advertising said building for sale, lease or rent.

N. Temporary signs which advertise or relate to events which have already taken place.

O. Abandoned, wrecked, dismantled or inoperative automobiles, trucks, motorhomes, trailers, campers, motorcycles, boats or similar vehicles.

P. Property maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is otherwise materially detrimental to surrounding properties and improvements.

Q. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties. (Ord. 952, 3-8-1989)

R. Violation of section 18.03.05 of this code. (Ord. 099-1135, 12-8-1999)

ARTICLE 03 – Back to top

NUISANCE ABATEMENT
 

SECTION:

08.03.01: Determination of Public Nuisance

08.03.02: Failure to Abate; Notice of Hearing

08.03.03: Nuisance Abatement Hearing

08.03.04: Service of Order of Abatement

08.03.05: Abatement by City

08.03.06: Hearing to Establish Costs

08.03.07: Assessment of Abatement Cost Against Property !2R!
 

08.03.01: DETERMINATION OF PUBLIC NUISANCE:
 

Whenever the City Manager determines that a public nuisance, as defined herein, exists on real property situated in the City, the City Manager shall notify the property owner(s) and occupant(s) by mail of the existence of the nuisance and direct that the nuisance be abated in the manner deemed appropriate by the City Manager within a reasonable period of time to be specified in the notice. Such a notice shall be served by personal service or by registered or certified mail. When an attempt has been made, but service has not been effectuated by personal service or by registered or certified mail, service shall be by posting on the subject property in a conspicuous location. (Ord. 952, 3-8-89)
 

08.03.02: FAILURE TO ABATE; NOTICE OF HEARING:

If the property nuisance has not been abated within the time allowed by the City Manager, or any extension of time granted by the City Manager for such abatement, the City Manager shall request that a hearing be held before the Planning Commission in order to obtain an order of abatement.
 

The City Manager shall send written notice to the owner(s) and occupant(s) of the subject property of the nuisance abatement hearing. Said written notice shall set forth the date, time and place for the hearing and advise the owner and occupant that they have the right to appear and be heard on the following issues:
 

A. Whether a nuisance in fact exists on the property; and
 

B. Whether in fairness and in justice there is no other way to eliminate the nuisance except as recommended by the City Manager.
 

The City Manager shall cause the written notice to be served, by personal service or by registered or certified mail, to the owner and occupant of the subject property at least ten (10) days prior to the hearing date. Failure of any person to receive such notice shall not affect the validity of any action taken by the Planning Commission.
 

If the nuisance consists of a vehicle as described in Article 04 herein, the notice shall also be sent to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition or location that identification numbers are not available to determine ownership. (Ord. 952, 3-8-89)
 

08.03.03: NUISANCE ABATEMENT HEARING:

At the time and place set forth in the notice of hearing, the Planning Commission shall conduct a hearing on the alleged property nuisance. The Planning Commission shall receive testimony and other evidence from the City Manager or his representative, the owner and/or occupant of the subject property and all other interested persons relative to the alleged existence of the property nuisance and the method of abatement proposed by the City Manager.
 

At the conclusion of the public hearing, the Planning Commission shall issue an order of abatement if it finds, based upon all of the evidence presented at the hearing, a nuisance does exist on the property. The order of abatement shall set forth:
 

A. A description of the nuisance.
 

B. The manner and time in which the nuisance is to be abated.
 

C. A statement that if the nuisance is not abated in the manner and within the time limit set forth in the order, the City will cause the nuisance to be abated and make the cost of the nuisance abatement a special assessment against the property to be collected at the same time and in the same manner as ordinary Municipal taxes, and that such assessment shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary Municipal taxes.
 

The decision of the Planning Commission on the existence and abatement of a nuisance shall be final and conclusive. The decision of the Planning Commission may be appealed to the City Council by any interested party under the provisions of Section 11.02.15 of this Code. (Ord. 952, 3-8-89; 1994 Code)
 

08.03.04: SERVICE OF ORDER OF ABATEMENT:
 

No later than five (5) days following the decision of the Planning Commission, the order of abatement shall be served on the owner and occupant of the subject property by personal service or by registered or certified mail. Said order of abatement shall also be posted on the property in a conspicuous location. (Ord. 952, 3-8-89)
 

08.03.05: ABATEMENT BY CITY:
 

If the property owner or occupant fails to abate the nuisance within the time and in the manner provided in the order of abatement, the City Manager shall cause the nuisance to be abated. The City Manager shall be authorized to have the nuisance abated either through the use of City employees or by contract with private individuals or firms to perform such service. (Ord. 952, 3-8-89)
 

08.03.06: HEARING TO ESTABLISH COSTS:

If the City shall have the nuisance abated, a hearing shall be held before the City Council in order to establish the cost to the City of the abatement. The City Manager shall send, by mail, written notice to the owner of the property of the hearing. The written notice shall set forth the date, time and place for the hearing and advise the owner that the owner has the right to appear and be heard on the issue of the cost to the City of the abatement. The City Manager shall cause the written notice to be served by personal service or by registered or certified mail to the owner of the property at least ten (10) days prior to the hearing date.
 

At the hearing, the City Council shall hear and consider testimony and all other evidence by the City Manager and the owner of the property relating to the cost of the abatement. At the conclusion of the hearing, the Council shall, based upon all of the evidence presented at the hearing, establish the cost to the City of the nuisance abatement.
 

No later than five (5) days following the hearing before the City Council, the City Manager shall send the owner of the property, by registered or certified mail, notice of the determination of the Council.
 

The owner of the property shall be given thirty (30) days from the date of receiving the notice of determination of the Council to pay to the City the full amount of the cost of abatement unless a longer period of time has been granted by the Council, for good cause shown. Such payment shall be by cash or cashier check. (Ord. 952, 3-8-89)
 

08.03.07: ASSESSMENT OF ABATEMENT COST AGAINST PROPERTY:

If the owner does not pay the cost of abatement, as established by the City Council, within the time provided for in Section 08.03.06 of this Article, the cost to abate the nuisance shall constitute a special assessment against the property. The assessment shall be collected at the same time and in the same manner as ordinary County taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such special assessment.

It shall be the duty of the Finance Officer for the City to cause a notice for the cost of abatement to be recorded with the Los Angeles County Recorder's office and add the amount of the special assessment to the next regular tax bill levied against the subject real property. (Ord. 952, 3-8-89)

ARTICLE 04 – Back to top

VEHICLES
 

SECTION:

08.04.01: Notifications

08.04.02: Removal Prohibited

08.04.03: Hearing

08.04.04: Limitations After Removal !2R!
 

08.04.01: NOTIFICATIONS:

Within five (5) days after the City or any officer thereof removes, pursuant to this Chapter, any vehicle or any part thereof, the City Manager shall so notify the Department of Motor Vehicles identifying the vehicle or part thereof.
 

Not less than ten (10) days before the hearing provided for in Section 08.03.03 of this Chapter, the City Manager shall notify the California Highway Patrol thereof identifying the vehicle or part to be removed.
 

If any vehicle is removed pursuant to this Chapter, the City Manager shall forward to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. 952, 3-8-89)
 

08.04.02: REMOVAL PROHIBITED:

No vehicle or any part thereof shall be removed pursuant to this Chapter if such vehicle or part is:

A. Completely enclosed within a building in a lawful manner where it is not visible from the street, highway or other public or private property; or

B. Stored or parked in a lawful manner on private property in connection with the business of a licensed gasoline retailer or vehicle repair garage. This exception does not authorize the maintenance of a public or private nuisance. (Ord. 952, 3-8-89; 1994 Code)
 

08.04.03: HEARING:

The owner of any land upon which a vehicle which has been removed was located may appear in person at any hearing provided for in this Chapter or present a written statement in time for consideration at such hearing and deny responsibility for the presence of the vehicle on the land with his/her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he/she had not subsequently acquiesced in its presence, then the City shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle was located or otherwise attempt to collect such costs from such owner. (Ord. 952, 3-8-89)
 

08.04.04: LIMITATIONS AFTER REMOVAL:

After a vehicle has been removed pursuant to this Chapter, it shall not be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code section 5004, in which case, the vehicle may be reconstructed or made operable. (Ord. 952, 3-8-89)

ARTICLE 05 – Back to top

EMERGENCIES
 

SECTION:

08.05.01: Abatement in Event of Emergency !2R!
 

08.05.01: ABATEMENT IN EVENT OF EMERGENCY:

In the event a nuisance constitutes an immediate fire or public safety hazard, the City Manager may cause the nuisance to be abated prior to the conduct of any hearing as provided herein.

Such hearings shall be conducted pursuant to this Chapter at the earliest feasible date to determine the existence of the nuisance and the cost of abatement. (Ord. 952, 3-8-89)

ARTICLE 06 – Back to top

UNOCCUPIED RESIDENTIAL PROPERTY
 

SECTION:

08.06.01: Maintenance of Unoccupied Residential Property !2R!

08.06.01: MAINTENANCE OF UNOCCUPIED RESIDENTIAL PROPERTY:

A. Arranging for Water and Landscaping Services: In the event the City Manager becomes aware that a residence is unoccupied or that water service to the property has been disconnected, the City Manager shall notify the property owner that the City will arrange for water and landscape maintenance services (hereinafter "services") to be provided to the property at the property owner's expense within seven (7) days unless the property owner provides the City Manager with evidence prior to said date that the owner has made satisfactory arrangements for such services. The notice shall be given as provided in Section 08.03.01 of this Chapter. If the City Manager institutes such services at the property owner's expense, the City Manager shall send a notice to the property owner so indicating and estimating the monthly cost of said services. The notice shall provide that the owner may appeal the City Manager's decision to the Planning Commission.

B. Termination of Services: The property owner, at any time, may request a hearing before the City Manager to show that the owner has made arrangements for providing the services. The City Manager shall provide the owner with written notice of the City Manager's decision. If the City Manager finds that the owner has made satisfactory arrangements to provide such services, the City-supplied services shall be terminated.

C. Appeal to Planning Commission: The property owner may appeal to the Planning Commission the City Manager's decision to impose services pursuant to subsection A of this Section or to continue such services pursuant to subsection B of this Section.

D. Cost of Services: Not later than June of each year that City-supplied services are continuing or within thirty (30) days of the termination of services pursuant to subsection B of this Section, the City Manager shall determine the cost of the services and shall follow the procedures set forth in Sections 08.03.06 and 08.03.07 of this Chapter to establish the costs of the services and, if necessary, to assess the costs against the property. (Ord. 092-1031, 12-9-92)

ARTICLE 07 – Back to top

PENALTIES
 

SECTION:

08.07.01: Penalties
 

08.07.01: PENALTIES:

Any person having control of real property upon which a nuisance, as defined herein, is found to exist shall be guilty of a misdemeanor or infraction as determined by the City Prosecutor.

Any person who obstructs, impedes or interferes with the abatement of a nuisance by the owner or occupant or by persons authorized by the City to abate the nuisance shall be guilty of a misdemeanor or infraction as determined by the City Prosecutor.

Nothing in this Chapter shall be construed to preclude the City from enforcing the provisions of this Chapter through any other manner provided by law. (Ord. 952, 3-8-89; 1994 Code)

CHAPTER IX

REFUSE

Subject Article

Definitions 01

Residential Refuse 02

Commercial Refuse 03

Public Places 04

Refuse Collection 05

Burning 06

ARTICLE 01 – Back to top

DEFINITIONS
 

SECTION:

09.01.01: Definitions
 

09.01.01: DEFINITIONS:

The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this Section.

COMBUSTIBLE RUBBISH: All waste and refuse, from and incidental to the use of homes and places of business, capable of burning readily.

GARBAGE: Means and includes all discarded animal, vegetable and inorganic refuse and waste matter originating in public, private or governmental properties or from transit operations within the City.

HAZARDOUS MATERIALS: Includes any chemical, compound, mixture, substance or article which may constitute a hazard to health or cause damage to property by reason of being explosive, flammable, poisonous, corrosive, unstable, irritating, radioactive or otherwise harmful. All materials designated by appropriate State or Federal agencies as a "hazardous material" shall be considered as such for the purposes of this Chapter.

MISCELLANEOUS DEBRIS: Includes any and all trash, rubbish, debris or other abandoned or discarded materials not otherwise provided for under the definitions in this Section or as expressly excepted therefrom, except animal excreta.

NONCOMBUSTIBLE RUBBISH: Includes all waste and refuse, such as metals and glass, from residences and places of business which are not capable of burning readily. Not included within this definition are: garbage, dead animals, dirt or earth, debris from lawn renovations, rocks, stones or materials resulting from building construction.

REFUSE: Includes combustible and noncombustible rubbish, garbage and miscellaneous debris as defined herein.

STORAGE: Includes the accumulating, maintaining, dumping, abandoning, collecting or other gathering, stacking or piling, other than in a mercantile building or in a dwelling unit meeting the requirements of the City Fire Code. (Ord. 974, 3-14-90)

ARTICLE 02 – Back to top

RESIDENTIAL REFUSE

SECTION:

09.02.01: Containers Required

09.02.02: Container Location

09.02.03: Collection of Refuse

09.02.04: Storage and Accumulation of Miscellaneous Debris

09.02.05: Hazardous Materials, Ashes, etc.

09.02.06: Burying Prohibited

09.02.07: Composting

09.02.08: Refuse in Front Yard !2R!
 

09.02.01: CONTAINERS REQUIRED:

One or more receptacles or containers shall be provided on all improved or occupied residential premises within the City for the purpose of temporarily storing refuse created upon such premises. Each container used for the accumulation and storage of refuse shall be of durable metal or plastic construction, watertight and equipped with a tight fitting cover.

All refuse shall be placed in containers so as to be shielded from winds which may scatter the contents. (Ord. 974, 3-14-90)

09.02.02: CONTAINER LOCATION:

It shall be unlawful to place any container used for the accumulation and storage of refuse in any alley, street, parkway or public place, except as specifically provided for in this Chapter.

It shall be unlawful to place any container used for the accumulation and storage of refuse on any private lot or parcel of land other than:

A. Interior Lots: In the rear or side yards, and in no event within five feet (5') of any property line, unless the same is shielded from the view of neighboring properties and street by maintained vegetation or a lawfully erected fence; and

B. Corner Lots: In rear yards, only at places shielded from the streets by maintained vegetation or a legal fence, and in no event within five feet (5') of any property line adjacent to a street; and

C. During Construction: As specifically provided for in this Chapter. (Ord. 974, 3-14-90; 1994 Code)

09.02.03: COLLECTION OF REFUSE:

It shall be the responsibility of each residential property owner or tenant to make arrangements for the collection and removal of all refuse from any premises of which he/she is the owner, occupant or person in charge on a regular basis. Such collection shall be only by a company franchised and licensed to make such collections in the City.

All residential refuse collection shall be on a basis of not less than once every calendar week. (Ord. 974, 3-14-90)
 

09.02.04: STORAGE AND ACCUMULATION OF MISCELLANEOUS DEBRIS:

Miscellaneous debris shall be stored or accumulated only in stacks or piles of not more than two hundred (200) cubic feet and not in excess of five feet (5') in height, which stacks or piles shall be:

A. Separated from any other such stack or pile and from any buildings, structures or other combustible materials by a sufficient distance so as not to create a fire hazard; provided, that in any event, such separation shall at all times be not less than five feet (5');

B. Shall not be located in any street, alley, parkway or other public place or in or upon any vacant or unimproved lot; and

C. Shall be located only in the rear or side yards of improved lots in a place shielded from winds which may scatter the same and also shielded from the view of neighboring properties and streets. (Ord. 974, 3-14-90)
 

09.02.05: HAZARDOUS MATERIALS, ASHES, ETC.:

It shall be unlawful for any person to place for collection in any container any substance or materials defined herein as "hazardous"; provided, that nothing herein shall prohibit an owner from personally removing or causing the removal of same by duly licensed collectors. Ashes, when placed for collection, shall be cooled and free from any fire, live coals or other substances which may ignite. Animal and bird droppings, soot, feathers, sawdust and excelsior shall be securely wrapped before being stored in containers. (Ord. 974, 3-14-90)
 

09.02.06: BURYING PROHIBITED:

It shall be unlawful for any person to bury any refuse or to place the same in any hole or excavation in the City. (Ord. 974, 3-14-90)
 

09.02.07: COMPOSTING:

The storage of leaves, grass clippings and the like may be permitted in residential areas of the City for the purpose of composting pursuant to the following rules and regulations:

A. Location: Composting shall be located in the rear or side yards of improved lots only and shall not be located in any street, alley, parkway or other public place or in or upon any private unimproved lot; provided, however, that the City, San Marino Unified School District and Huntington Library may compost on grounds owned by such agencies.

B. Contents: Composting shall consist only of organic, vegetable waste materials, such as leaves, small twigs, grass clippings and other vegetable matter.

C. Receptacles: Composting shall be contained and maintained in either:

1. A pit, hole or other earth depression excavated for such purpose, in which case, the contents shall always be maintained below natural surrounding ground level; or

2. A metal or wood container not in excess of three feet (3') in height. Such receptacles or pits shall not be maintained within five feet (5') of any property line or structure.

3. In open stacks or piles not in excess of three feet (3') in height, but only in the event such stacks or piles are maintained not less than fifty feet (50') from any property line or structure.

D. Covering and Maintenance: Compost must, at all times, be covered with at least one-half inch (¹/₂") of soil or other nonorganic or chemical covering approved by the County Health Department, designed to prevent the harboring of rodents, the breeding of flies and the emission of odors. All composting must be kept moist at all times until decomposition is completed. (Ord. 974, 3-14-90)
 

09.02.08: REFUSE IN FRONT YARD:

It shall be unlawful for any person to place or cause to be placed any refuse in the front yard of any residential property in the City and on a corner lot in the side yard facing the street, except for construction debris for the purpose of immediate (within 2 hours) collection. (Ord. 974, 3-14-90)

ARTICLE 03 – Back to top

COMMERCIAL REFUSE
 

SECTION:

09.03.01: Containers Required

09.03.02: Container Location

09.03.03: Collection of Refuse

09.03.04: Storage and Accumulation of Miscellaneous Debris

09.03.05: Hazardous Materials
 

09.03.01: CONTAINERS REQUIRED:

All properties within the C-1 Commercial Zone shall have refuse container(s) located on the property of a size adequate to accumulate and store refuse from the commercial activity. Said containers may be of a size not less than two (2) cubic yards with the cover closed and not to exceed nine (9) cubic yards in size and must have a tight fitting cover. (Ord. 974, 3-14-90; 1994 Code)
 

09.03.02: CONTAINER LOCATION:

All refuse containers on C-1 Commercial Zone property shall be stored on the commercial property and in a location so as not to block or interfere with any parking space, nor obstruct any street, alley or public right of way. (Ord. 974, 3-14-90)

09.03.03: COLLECTION OF REFUSE:

It shall be the responsibility of each commercial property owner or tenant to make arrangements for the collection and removal of all garbage, refuse and miscellaneous debris from any premises of which he/she is the owner, occupant or person in charge on a regular basis. Such collection shall be only by a company franchised and licensed to make such collections in the City.

All commercial refuse collection shall be on the following basis:

A. Garbage: Every twenty four (24) hours (Sundays and holidays excepted).

B. Combustible and Noncombustible Rubbish: Not less than once every calendar week.

C. Miscellaneous Debris: Every twenty four (24) hours (Sundays and holidays excepted). (Ord. 974, 3-14-90)
 

09.03.04: STORAGE AND ACCUMULATION OF MISCELLANEOUS DEBRIS:

Miscellaneous debris:

A. Shall not be located in any street, alley, parkway or other public place or in or upon any vacant or unimproved lot; and

B. Shall be located only in the rear or side yards of improved lots in a place shielded from winds which may scatter the same and also shielded from the view of neighboring properties and streets. (Ord. 974, 3-14-90)
 

09.03.05: HAZARDOUS MATERIALS:

It shall be unlawful for any person to place for collection in any container any substance or materials defined herein as "hazardous"; provided, that nothing herein shall prohibit an owner from personally removing or causing the removal of same by duly licensed collectors. (Ord. 974, 3-14-90)

ARTICLE 04 – Back to top

PUBLIC PLACES
 

SECTION:

09.04.01: Dumping on Public Places

09.04.02: Containers in Public Streets

09.04.03: Storage on Public Streets !2R!

09.04.01: DUMPING ON PUBLIC PLACES:

It shall be unlawful for any person to dump, discard, abandon or otherwise deposit any refuse in or upon any vacant lot or upon any public street, alley, parkway, park or other public place or in or upon any flood water channel, any channel or structure tributary to any flood water channel, any easement or right of way for flood water purposes or in or upon any place in the City where the natural flow of storm water might carry the same to any such flood water channel or structure. (Ord. 974, 3-14-90)
 

09.04.02: CONTAINERS IN PUBLIC STREETS:

It shall be unlawful for any person to place or cause to be placed any containers or receptacles in a public street, alley, parkway or right of way except as follows:

A. Temporary for Collection: Refuse containers or receptacles placed in public streets or alleys for the purpose of immediate collection by a franchised collection company. In no event shall the container or receptacle remain in the public street or alley for a period of more than thirty (30) minutes.

B. Temporary for Construction: Refuse containers or receptacles used for the accumulation of debris during construction if the person has first obtained the approval of the City and paid such fee as may be required therefor. Any violation of any requirements and/or conditions associated with said approval shall constitute a violation of this Article. (Ord. 974, 3-14-90)

09.04.03: STORAGE ON PUBLIC STREETS:

It shall be unlawful for any person to store or cause to be stored on any public street, alley, parkway, right of way or other public place any materials or items used for or incidental to any construction or improvements on private property without having first obtained the approval of the City and having paid such fee as may be required therefor. Any violation of any requirements and/or conditions associated with said approval shall constitute a violation of this Article. (Ord. 974, 3-14-90)

ARTICLE 05 – Back to top

REFUSE COLLECTION
 

SECTION:

09.05.01: Franchise Required

09.05.02: Revenue Restricted

09.05.03: Gardeners and Tree Trimmers Excluded !2R!

09.05.01: FRANCHISE REQUIRED:

It shall be unlawful for any person to collect refuse within the City for pay without having first received a franchise as provided in this City Code.

All persons having received a franchise from the City shall be required to comply with all rules and regulations contained therein, including the requirement to maintain a current City business license and to participate in all recycling programs and pay such franchise fees as the City Council may establish from time to time. (Ord. 995, 8-20-91)

09.05.02: REVENUE RESTRICTED:

All revenue collected by the City through this franchise fee shall be restricted for the use of capital improvements. (Ord. 995, 8-20-91)
 

09.05.03: GARDENERS AND TREE TRIMMERS EXCLUDED:

The requirements of Section 09.05.01 of this Article shall not apply to a private gardener or tree trimmer, having a valid business license to operate within the City, for the hauling or disposal of grass clippings, prunings, trees and other discarded materials from a private residence; provided, such hauling shall have been occasioned by and be incidental to the business operations of such gardener or tree trimmer. (Ord. 974, 3-14-90)

ARTICLE 06 – Back to top

BURNING

SECTION:

09.06.01: Burning

09.06.02: Burning Exception

09.06.03: Incinerators Prohibited

09.06.04: Duty to Extinguish Smoldering or Burning Fire

09.06.01: BURNING:

It shall be unlawful for any person to ignite, set fire to, burn or cause or permit to be ignited or burned any rubbish within the City. (Ord. 974, 3-14-90)
 

09.06.02: BURNING EXCEPTION:

Notwithstanding other provisions of this Article, it shall be lawful for any person to set fire and burn combustible materials in any residential fireplace, grill, barbecue brazier or pit, providing such burning is only for the purpose of preparing food or providing heat for human habitation, but in no case shall such burning be for the purpose of disposing of or incinerating garbage or combustible rubbish. All such fires shall be kept under competent and continuous supervision or control, and all flammable material near any such burning shall be removed a sufficient distance therefrom so as not to constitute a fire hazard. (Ord. 974, 3-14-90)
 

09.06.03: INCINERATORS PROHIBITED:

It shall be unlawful for any person to operate an incinerator within the City. (Ord. 974, 3-14-90)
 

09.06.04: DUTY TO EXTINGUISH SMOLDERING OR BURNING FIRE:

It shall be the duty of the owner, manager, occupant and any person in charge of any premises in the City to extinguish thereon any smoldering or burning fire ignited in violation of the provisions of this Article, and failure to do so shall be deemed to be a misdemeanor. (Ord. 974, 3-14-90)

CHAPTER X

PUBLIC HEALTH

Subject Article

Definitions 01

Health Code 02

General Requirements 03

Burials 04

Vermin Control 05

ARTICLE 01 – Back to top

DEFINITIONS
 

SECTION:

10.01.01: Definitions

10.01.01: DEFINITIONS:

The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this Section:

COUNTY HEALTH DEPARTMENT: The Department of Health of the County of Los Angeles.

FERTILIZER: Any chemical compound used to promote the growth of plants and vegetation.

HERBICIDE: Any chemical compound used for the control of weeds, etc.

PESTICIDES: Any chemical compound used for the control of pests, insects, etc. (Ord. 975, 4-11-90; 1994 Code)

ARTICLE 02 – Back to top

HEALTH CODE

SECTION:

10.02.01: Los Angeles County Health Code Adopted

10.02.02: Penalties

10.02.01: LOS ANGELES COUNTY HEALTH CODE ADOPTED:

Title 11, Health and Safety, division 1, Health Code of the Los Angeles County Code, as adopted by the Los Angeles County Board of Supervisors, and as may be, from time to time, amended, and in effect on May 11, 1990, is hereby adopted by reference as the Health Code for the City.

A copy of the Health Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. (Ord. 975, 4-11-90)

10.02.02: PENALTIES:

Any person violating any of the provisions of this Article is guilty of a misdemeanor or an infraction, as determined by the City Prosecutor, and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Article is committed, continued or permitted. (Ord. 975, 4-11-90; 1994 Code)

ARTICLE 03 – Back to top

GENERAL REQUIREMENTS

SECTION:

10.03.01: Storage of Fertilizer and Pesticides

10.03.02: Packaging of Fertilizer or Pesticides

10.03.03: Smoke, Dust and Fumes

10.03.04: Expectoration

10.03.05: Unwholesome Food

10.03.06: Pollution of Water Supply !2R!

10.03.01: STORAGE OF FERTILIZER AND PESTICIDES:

No person shall store any fertilizer or pesticides in commercial quantities in the City, except in storage bins or separate storage rooms within a building or structure having a roof and four (4) enclosed walls. Said storage areas shall have appropriate ventilation and such safety devices as may be required under County, State or Federal laws and regulations.

No such fertilizer or pesticides shall be stored until such bin or room within the building or structure has been approved by the County Health Department. (Ord. 975, 4-11-90)

10.03.02: PACKAGING OF FERTILIZER OR PESTICIDES:

It shall be unlawful for any person to package any fertilizer or pesticide from bulk containers to smaller containers within the City. (Ord. 975, 4-11-90)

10.03.03: SMOKE, DUST AND FUMES:

It shall be unlawful for any person to:

A. Maintain, conduct or carry on or assist in maintaining, conducting or carrying on in the City any business, yard, establishment, place or activity in such a manner that dense or thick smoke, cinders or soot are emitted therefrom.

B. Maintain, conduct or carry on or assist in maintaining, conducting or carrying on in the City any business, yard, establishment, place or activity in such a manner that dust in large and unusual quantities is accumulated or caused without sprinkling with water the place or premises where such business or activity is maintained, conducted or carried on with sufficient frequency and to sufficient extent to lay and settle such dust and prevent the same from spreading or being blown on the premises of other persons.

C. Maintain, conduct or carry on or assist in maintaining, conducting or carrying on in the City any business, yard, establishment, place or activity in such a manner that gas or fumes unwholesome or injurious to the health or injurious to the property or offensive to the senses of the inhabitants of the City are emitted therefrom.

It shall be unlawful for any person, during the course of his/her business or otherwise, to cause or create dust, smoke or fumes while grading land, constructing buildings or other structures or during the course of any construction, grading, building, excavating, digging or work of any nature. (Ord. 975, 4-11-90)
 

10.03.04: EXPECTORATION:

It is hereby declared unlawful for any person to expectorate upon the floor, hall or stairway of any public building or any commercial building open to the general public or upon or on any bus or other public conveyance or upon any street, alley, sidewalk or other public thoroughfare in the City. (Ord. 975, 4-11-90)

10.03.05: UNWHOLESOME FOOD:

It shall be unlawful for any person to sell or offer or expose for sale as human food in the City any blown, meager, diseased or bad meat, poultry or game or any unsound, diseased or unwholesome fish, fruit, vegetables or other market product. (Ord. 975, 4-11-90)

10.03.06: POLLUTION OF WATER SUPPLY:

It shall be unlawful for any person to discharge or cause to be discharged within the City any oils, gasolines, chemicals or waste materials which may pollute the water supply.

It shall be unlawful for any person to corrupt, pollute or render unwholesome or impure the water of any drinking fountain, hydrant, water line or place within the City. (Ord. 975, 4-11-90)

ARTICLE 04 – Back to top

BURIALS

SECTION:

10.04.01: Application of State Law

10.04.02: Burials

10.04.03: Cemetery Permitted; Limitation

10.04.04: Mausoleums and Columbariums Height Restrictions

10.04.05: Height Restrictions; Variance Allowed !2R!
 

10.04.01: APPLICATION OF STATE LAW:

For the purpose of this Chapter, a "cemetery" shall be as defined in section 7003 of the State Health and Safety Code, a "mausoleum" shall mean the structure or building defined in section 7005 of the State Health and Safety Code, and a "columbarium" shall mean the structure defined in section 7007 of the State Health and Safety Code. (Ord. 975, 4-11-90)
 

10.04.02: BURIALS:

Except as provided for in Section 10.04.03 of this Article, no human remains shall be interred, cremated, inurned, entombed or buried in the City. (Ord. 975, 4-11-90)

10.04.03: CEMETERY PERMITTED; LIMITATION:

Subject to the applicable provisions of the State Health and Safety Code and to the rules and regulations of the appropriate cemetery authority, the burial of human remains shall be limited to that certain district in the City particularly described as follows:

Being a portion of Lot 11, San Marino Park Tract as per map recorded in Map Book 12, Pages 74 and 75, Records of Los Angeles County, State of California, described as follows:

Beginning at the northwest corner of said Lot Eleven (11); thence Northerly 82^o 54' 11" East along the northerly line of said Lot Eleven (11) eight hundred ninety-five and seventeen hundredths feet (895.17') to the beginning of a curve concave to the North and having a radius of nineteen hundred thirty and eighteen hundredths feet (1930.18') (radial line from beginning of said curve bearing Northerly 7^o 5' 49" West); thence Easterly along said curve ninety-seven and ninety-seven hundredths feet (97.97') to a point (radial line from last mentioned point bearing Northerly 10^o 0' 19" West); thence Southerly 12^o 13' 49" East four hundred forty-one and eighty hundredths feet (441.80') to a point in the Southerly line of said Lot Eleven (11); thence Westerly along the Southerly line of said Lot Eleven (11) as follows: Southerly 88^o 56' 56" West four hundred twenty-two and eighty-eight hundredths feet (422.88') to a point; thence Northerly 1^o 3' 04" West one hundred fifty-five and ten hundredths feet (155.10') to a point; thence Southerly 88^o 56' 56" West three hundred four and thirteen hundredths feet (304.13') to a point; thence Southerly 1^o 03' 04" East one hundred fifty-five and ten hundredths feet (155.10') to a point; thence Southerly 88^o 56' 56" West three hundred forty-eight and eighty hundredths feet (348.80') to the Southwest corner of said Lot Eleven (11); thence Northerly 0^o 33' 04" West along the west line of said Lot Eleven (11) three hundred twenty-six and thirty-seven hundredths feet (326.37') to the point of beginning. (Ord. 975, 4-11-90)

10.04.04: MAUSOLEUMS AND COLUMBARIUMS HEIGHT RESTRICTIONS:

Subject to the applicable provisions of the State Health and Safety Code and to such rules and regulations of the appropriate cemetery authority as are not in conflict with the provisions of this Section, human remains may be entombed in a privately owned mausoleum or inurned in a privately-owned columbarium in that certain district described in Section 10.04.03 herein; provided, that such privately-owned mausoleum or columbarium shall not exceed ten feet (10') in height measured from the lowest ground level adjacent to the building to the highest point on the mausoleum or columbarium. (Ord. 975, 4-11-90)

10.04.05: HEIGHT RESTRICTIONS; VARIANCE ALLOWED:

The City Council reserves to itself and shall have the right, upon a showing satisfactory to it that same will not adversely affect property values in the City, to permit human remains to be entombed in a privately-owned mausoleum or inurned in a privately-owned columbarium in that certain district described in Section 10.04.03 herein when such mausoleum or columbarium, as the case may be, is in excess of ten feet (10') but not more than twenty feet (20') in height, measured from the lowest ground level adjacent to the building to the highest point on the mausoleum or columbarium, and is adequately screened from view by plants, shrubs and trees to the satisfaction of the Council. (Ord. 975, 4-11-90)

ARTICLE 05 – Back to top

VERMIN CONTROL
 

SECTION:

10.05.01: Vermin Control in Construction

10.05.02: General Vermin Control !2R!
 

10.05.01: VERMIN CONTROL IN CONSTRUCTION:

Any building or structure constructed, renovated or remodeled in the City shall provide for appropriate control of vermin as provided for under the Health Code and the Building Code. (Ord. 975, 4-11-90)
 

10.05.02: GENERAL VERMIN CONTROL:

It shall be unlawful for any person to fail to maintain, conduct or carry on or fail to assist in maintaining, conducting or carrying on such precautions and/or actions on his/her property as may be required to control vermin pursuant to the Health Code and the Building Code. (Ord. 975, 4-11-90)

CHAPTER XI

BUSINESS LICENSES

Subject Article

Definitions 01

Requirement for License 02

Administration 03

Fees - General 04

Businesses Requiring Annual License 05

Businesses Requiring Monthly License

(Reserved) 06

Businesses Requiring Daily License 07

Filming and Special Events 08

Charitable Solicitations 09

Motion Picture Theaters 10

ARTICLE 01 – Back to top

DEFINITIONS
 

SECTION:

11.01.01: Definitions

11.01.01: DEFINITIONS:

The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this Section:

EMPLOYEE: Any person engaged in business in the City from whom the employer is required to withhold Federal and State taxes and social security and medicare deductions.

ENGAGED IN BUSINESS: The conducting, managing or carrying on in the City any business, profession, trade, calling, occupation or commercial enterprise on which the City has legal right to impose a license and collect a fee.

INDEPENDENT CONTRACTOR: Any person engaged in business in the City from whom the employer is not required to withhold Federal and State taxes and social security and medicare deductions.

MOTION FILMING: Includes filming for television, the motion pictures or other commercial use by means of film or video recording.

PRIVATE PATROL: Includes any person, firm or corporation carrying on the business of night watch service, security guard, private policeman, police patrol service or any other occupation, the purpose of which is to afford police or fire protection within the City to the public for hire or reward.

STILL FILMING: Commercial still photography which is done on behalf of or for the purpose of sale to a commercial business or use.

STREETS: Includes all streets, avenues, highways, alleys, courts, lanes, places, squares, curbing, sidewalks or other public ways in the City which have been dedicated as such or which, though not dedicated, are generally open to public use.

WHEELED VEHICLE: Means and includes an automobile, motorcycle, truck, tank truck, trailer, wagon, cart and any and all other contrivances, except pedal powered bicycles used or capable of being used as a means of transportation that move or roll on one or more wheels. (Ord. 948, 11-16-1988; amd. Ord. 097-1111, 8-13-1997)

ARTICLE 02 – Back to top

REQUIREMENT FOR LICENSE

SECTION:

11.02.01: Purpose

11.02.02: Requirement For License

11.02.03: Separate License For Each Location

11.02.04: Off-Street Parking Requirements

11.02.05: Prohibited Activities

11.02.06: Special Council Approval

11.02.07: License Not To Permit Business In Prohibited Areas

11.02.08: Denial Of License Application

11.02.09: Exempt Activities

11.02.10: Transfer Or Assignment Prohibited

11.02.11: Exhibiting License Certificate

11.02.12: Exhibiting Vehicle Sticker

11.02.13: Presentation To City Officials

11.02.14: Revocation Or Suspension Of License Or Permit

11.02.15: Appeal Of Revocation Or Suspension

11.02.16: Surrender Of License Or Permit

11.02.17: Surrender Not To Preclude Penalties !2R!

11.02.01: PURPOSE:

This Chapter is enacted for the purpose of providing revenue for the City. It is also enacted for the purpose of regulating certain of the businesses specified therein; provided, however, that only the revenue and none of the regulatory or criminal provisions of this Chapter shall apply to any business exclusively regulated by the State or other governmental agency. (Ord. 948, 11-16-1988)
 

11.02.02: REQUIREMENT FOR LICENSE:

A. It shall be unlawful for any person, other than an employee of a person required to procure a license certificate from the City, to engage in business in the City without having first procured a license certificate from the City.

B. It shall be unlawful for any person required to obtain a license certificate from the City to retain the services of an independent contractor unless the independent contractor shall have first procured a license certificate from the City.

C. It shall be unlawful for any property owner or occupant to retain the services of an independent contractor to assist in constructing in the City a project requiring a building, electrical, plumbing or mechanical permit unless the independent contractor shall have first procured a license certificate from the City. (Ord. 097-1111, 8-13-1997)

11.02.03: SEPARATE LICENSE FOR EACH LOCATION:

For each business operating from a fixed location, a separate license certificate shall be obtained for each separate branch, establishment or location of the business. Each license certificate shall authorize the licensee to engage only in the business licensed therefor at the location and in the manner designated on the certificate. (Ord. 948, 11-16-1988)
 

11.02.04: OFF-STREET PARKING REQUIREMENTS:

A. Each commercial business operating from a fixed location within the City shall provide the City with a listing of all available off-street parking spaces assigned specifically to the business. Said listing shall be on a form provided by the City.

B. The listing of off-street parking spaces shall be submitted to the City with the business application for a City business license.

C. The City shall not process a business license application until such time as the parking space listing has been provided to the City. (Ord. 950, 11-16-1988)
 

11.02.05: PROHIBITED ACTIVITIES:

A. Prohibited Businesses: No license certificate shall be issued for any business operation specifically prohibited pursuant to Chapter XXIII of this Code.

B. Special Commercial Operations: No license certificate shall be issued for any business requiring a conditional use permit to be issued by the Planning Commission pursuant to Chapter XXIII of this Code unless said conditional use permit shall have first been approved. (Ord. 948, 11-16-1988)
 

11.02.06: SPECIAL COUNCIL APPROVAL:

The Council finds and determines that certain types of businesses are conducive to situations inimical to the health, welfare, safety and morals of the residents of the community and are inconsistent with the history and development of the City, depending on the method of operation thereof and the character of the operators thereof. These businesses shall include:

A. Bankrupt sales.

B. Circuses, carnivals and sideshows.

C. Pawnbrokers.

D. Escort services.

E. Theatrical or professional entertainment in a commercial establishment.

F. Places of amusement, entertainment or exhibition for which a license is required under provisions of this Chapter.

The Council may investigate or may have the City Manager or his/her designee investigate and shall have the right to grant or deny any application for a license certificate for the above mentioned businesses based on the impact on the general welfare of the community. If such application is granted, the Council may impose such terms, conditions and restrictions upon the operation, management and conduct of such business or operation as it may deem necessary or expedient to protect the health, safety, welfare and morals of the City and its inhabitants.

For purposes of this Section, any theatrical or professional entertainment performances sponsored, used, shown, operated or maintained by any owner, lessee, occupant or operator of any commercial establishment in the City in conjunction with, as an adjunct to or in promotion of such commercial establishment, or the wares, services, merchandise or products thereof, or any part thereof, shall require a separate business license certificate for each theatrical or professional entertainment performance. (Ord. 948, 11-16-1988; amd. 1994 Code)
 

11.02.07: LICENSE NOT TO PERMIT BUSINESS IN PROHIBITED AREAS:

The issuance of any license certificate and the payment of any license fee therefor as required by this Chapter shall not entitle the holder thereof to carry on any business on or in any building or premises designated on the license certificate where such business or such building or premises is situated in an area in which the conduct of such business would be in violation of any law, the provisions of Chapter XXIII of this Code or any other ordinance of the City. (Ord. 948, 11-16-1988)
 

11.02.08: DENIAL OF LICENSE APPLICATION:

The City Manager shall deny an application for a license certificate for the calendar year in which the application is made if the City Manager finds that the person or business making said application has violated other sections of this Code in addition to having failed to obtain a license certificate prior to the start of the business activity. The applicant has the right of appeal pursuant to Section 11.02.15 of this Article. (Ord. 948, 11-16-1988)

11.02.09: EXEMPT ACTIVITIES:

The provisions of this Chapter shall not be deemed or construed to require a license certificate or the payment of a license fee for the following:

A. Civic Or Charitable: The conducting, managing or carrying on of any business, occupation or activity by any institution or organization which is conducted, managed or carried on solely for the benefit of civic or charitable purposes and from which no profit is derived, either directly or indirectly, by any person.

B. Charitable Entertainment: The conduct of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school or to any religious, civic or benevolent purpose or any educational foundation within the City.

C. Civic Entertainment: The conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, State, County or Municipal organization or association, whenever the receipts for any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purposes and objects for which such association or organization is formed and from which no profit is derived, either directly or indirectly, by any person; provided, however, that nothing contained in this Section shall be deemed to exempt any such institution or organization from complying with the provisions of any chapter of this Code or other State or Federal law.

D. Minor Students: The conducting of a business, otherwise permitted by City ordinance, by youth, under the age of eighteen (18) years, living in the City. Said exemption may be authorized by the City Manager upon receipt of proof of such status.

E. Auctioneers: The arranging, managing, sponsoring or carrying out of an auction sale of goods, wares, merchandise or any real or personal property by any such person, provided that such person be licensed with the California Auctioneer Commission (California Business and Professional Code section 5700 et seq.). No provisions of this Chapter, however, prohibit the City from imposing a business license fee requirement on licensed auctioneers and auction companies whose permanent place of business is located within the City. (Ord. 948, 11-16-1988)
 

11.02.10: TRANSFER OR ASSIGNMENT PROHIBITED:

No license certificate issued under any provision of this Chapter shall, in any manner, be transferred or assigned, nor shall it authorize any person other than the licensee or the licensee's employees therein named to engage in business. (Ord. 097-1111, 8-13-1997)
 

11.02.11: EXHIBITING LICENSE CERTIFICATE:

A. Fixed Place Of Business: Every person having a license certificate under the provisions of this Chapter and having a fixed place of business in the City shall keep such certificate posted and exhibited while in force in some conspicuous part of the place of business.

B. No Fixed Place Of Business: Every person having a license certificate under the provisions of this Chapter and not having a fixed place of business in the City shall carry such certificate with him/her at all times when engaged in the business for which the certificate has been granted. (Ord. 948, 11-16-1988)
 

11.02.12: EXHIBITING VEHICLE STICKER:

A. Delivery Companies: Any person having a license certificate under the provisions of this Chapter for the operation of wheeled vehicles for a trucking, service or delivery business shall not be required to exhibit the City's vehicle sticker on vehicles operating within the City; provided, however, that each and every vehicle operating in the City under said certificate shall bear the name of the person or business in an exterior location plainly visible to the public.

B. Other Wheeled Vehicles:

1. Every person operating a wheeled vehicle for which a license certificate is required under this Chapter, except as provided for in subsection A of this Section, shall procure, in addition to the certificate, a vehicle sticker for each vehicle to operate within the City. The vehicle sticker shall contain the license plate number of the vehicle to which it is assigned and a permit number to be assigned by the City.

2. The vehicle sticker shall be attached in a conspicuous location on the rear of the vehicle to which it is assigned in such manner that the sticker shall be plainly visible at all times.

3. Vehicle stickers shall not remain on a vehicle after the expiration date of said sticker.

4. It shall be unlawful for any person, other than the licensee, his/her authorized agent or an officer of the City, to take or remove any vehicle sticker required pursuant to this Section from a vehicle to which it has been attached. (Ord. 948, 11-16-1988)
 

11.02.13: PRESENTATION TO CITY OFFICIALS:

Every person having a license certificate under the provisions of this Chapter shall present the certificate whenever requested to do so by any police officer, firefighter, or other official of the City authorized by this Chapter. (Ord. 097-1111, 8-13-1997)
 

11.02.14: REVOCATION OR SUSPENSION OF LICENSE OR PERMIT:

Any permit or license certificate issued pursuant to this Chapter may be revoked or suspended by the City Manager if the City Manager finds and determines that: a) the licensee is conducting a business not permitted by the license certificate; or b) the licensee is engaged in a felonious activity prohibited by State or Federal law; or c) the licensee is conducting his/her business in a manner that threatens the health and public safety of the community; or d) the licensee has refused to comply with a legal requirement of the City as may be contained in this Code.

The City Manager may revoke or suspend a license certificate or permit only after the grounds of complaint have been presented to the licensee, and the licensee has been provided an opportunity to present his/her position before the City Manager. (Ord. 948, 11-16-1988)
 

11.02.15: APPEAL OF REVOCATION OR SUSPENSION:

Any licensee who has had his/her license certificate or vehicle permit denied, revoked or suspended by the City Manager pursuant to Section 11.02.07 or Section 11.02.12 of this Article shall be provided an opportunity to appeal the denial, revocation or suspension to the City Council. An appeal shall be processed as follows:

A. Filing An Appeal: A licensee desiring to appeal the determination of the City Manager shall file a request for an appeal with the City Clerk no later than fifteen (15) days following the determination of the City Manager and shall pay a filing fee of fifty dollars ($50.00).

B. Scheduling The Appeal: The City Clerk shall place the appeal on the agenda of the next regular meeting of the Council, provided the legal requirement for the posting of agenda items can be met. Notice of the time and place of the hearing will be sent to the appellant.

C. Council Hearing: The Council shall be provided the grounds of complaint against the licensee and the basis for the City Manager's determination to deny, revoke or suspend the license certificate or permit. The licensee shall be provided an opportunity to present information to the Council, in writing, or in person in opposition to the City Manager's determination. The Council may continue the appeal hearing from time to time.

D. Determination By The City Council: After conducting the hearing and based on the information presented and the determination that: 1) the licensee is conducting a business not permitted by the license certificate; or 2) the licensee is engaged in a felonious activity prohibited by State or Federal law; or 3) the licensee is conducting his/her business in a manner that threatens the health and public safety of the community; or 4) the licensee has refused to comply with a legal requirement of the City as may be contained in this Code, the Council may:

1. Uphold the determination of the City Manager and deny the appeal.

2. Modify the determination of the City Manager.

3. Overrule the determination of the City Manager and approve the appeal.

E. Findings Of Council Final: The determination of the Council shall be final and conclusive on the matter. (Ord. 948, 11-16-1988; amd. 1994 Code)

11.02.16: SURRENDER OF LICENSE OR PERMIT:

In the event that a license certificate or permit is revoked or suspended pursuant to this Article, the holder of the certificate or permit shall forthwith surrender said certificate or permit to the City. No refund shall be provided for any fee or portion thereof paid for the license certificate or permit. (Ord. 948, 11-16-1988)
 

11.02.17: SURRENDER NOT TO PRECLUDE PENALTIES:

The surrender of a license certificate or permit pursuant to this Article shall not constitute a waiver of the requirements of the licensee to pay all penalties due pursuant to this Chapter. (Ord. 948, 11-16-1988)

ARTICLE 03 – Back to top

ADMINISTRATION
 

SECTION:

11.03.01: Responsibility to Administer

11.03.02: License on Calendar Year

11.03.03: Fees Debt to City

11.03.04: Mistakes Not to Prejudice Amount Due

11.03.05: Application Forms

11.03.06: Misrepresentation/Withholding Information

11.03.07: Right to Investigate

11.03.08: Felony Conviction Grounds for License Denial

11.03.09: Facts Stated in Certificate

11.03.10: Enforcement Duties !2R!
 

11.03.01: RESPONSIBILITY TO ADMINISTER:

It shall be the responsibility of the City to prepare and issue a license certificate under this Chapter upon payment of the appropriate fee in accordance with the requirements herein. (Ord. 948, 11-16-88)

11.03.02: LICENSE ON CALENDAR YEAR:

Any license certificate issued pursuant to this Chapter shall be valid only in the calendar year in which it was issued. (Ord. 948, 11-16-88)

11.03.03: FEES DEBT TO CITY:

The amount of any license fee imposed by this Chapter shall be deemed a debt to the City, and any person engaged in any business for which a license certificate is required by this Chapter, without having paid the license fee and secured the appropriate license certificate from the City, shall be liable in an action in the name of the City in any court of competent jurisdiction for the amount of such license fee and applicable penalties. (Ord. 948, 11-16-88)

11.03.04: MISTAKES NOT TO PREJUDICE AMOUNT DUE:

In no case shall any mistake made by the City in collecting or stating the amount of any license fee due under this Chapter prevent or prejudice the collection by the City of such amount as shall be actually due to the City from any person engaged in business requiring a license certificate under this Chapter. (Ord. 948, 11-16-88)
 

11.03.05: APPLICATION FORMS:

Any person requiring a license certificate pursuant to this Chapter shall apply for same on the form(s) provided by the City. All applications shall be completed and signed by an individual authorized to apply on behalf of the person or business for whom the license certificate is to be issued. (Ord. 948, 11-16-88)
 

11.03.06: MISREPRESENTATION/WITHHOLDING INFORMATION:

It shall be unlawful for any person, knowingly or intentionally, to withhold information requested on any license certificate application form.

It shall be unlawful for any person, knowingly or intentionally, to misrepresent to any City official any material fact in procuring the license certificate. (Ord. 948, 11-16-88)
 

11.03.07: RIGHT TO INVESTIGATE:

The City Council, City Manager, City Clerk and City Attorney shall be authorized to access and utilize criminal history record information when required to determine if a license certificate is to be issued.

All information pertaining to criminal history records shall remain confidential. (Ord. 948, 11-16-88)
 

11.03.08: FELONY CONVICTION GROUNDS FOR LICENSE DENIAL:

Conviction (including pleas of guilty and nolo contendere) of a felony shall be grounds for denying a license certificate for the following business classifications:

Private patrol

Fortuneteller

Retail liquor sales

(Ord. 948, 11-16-88)
 

11.03.09: FACTS STATED IN CERTIFICATE:

Each license certificate prepared and issued by the City pursuant to this Chapter shall state the name of the person to whom it is issued, the classification of the business licensed, the location or place wherein the business is located, the expiration date of the license, the fees paid and such other information as may be pertinent to the business. (Ord. 948, 11-16-1988)
 

11.03.10: ENFORCEMENT DUTIES:

All officers of the Police Department, Fire Department, City Manager and Planning and Building Departments of the City are hereby authorized as license inspectors and shall examine all places of business, wheeled vehicles and persons required to obtain a license certificate, and to see that such appropriate license certificates have been procured.

All officers of the Police Department, Fire Department, City Manager and Planning and Building Departments of the City shall have the power to enter, at any time and without charge, any place of business or any place where a person is engaged in business in the City for which a license certificate is required by this Chapter and to demand presentation of the license certificate. It shall constitute a violation of this Code for such person then and there to fail to present such license certificate. (Ord. 097-1111, 8-13-1997)

ARTICLE 04 – Back to top

FEES - GENERAL
 

SECTION:

11.04.01: When Due And Payable

11.04.02: Designation Of Appropriate Classification

11.04.03: Penalties For Delinquent Payment Of Fees

11.04.04: Failure To Obtain License After Warning

11.04.05: No License Until Penalties Paid

11.04.06: New License Required

11.04.07: Duplicate License

11.04.08: License For Change Of Address Or Name

11.04.09: Refunds

11.04.10: Apportionment Of Fees

11.04.11: Fees For New Business

11.04.12: How Fees Are Payable !2R!

11.04.01: WHEN DUE AND PAYABLE:

License fees required pursuant to this Chapter shall become due and payable at the following times and in the following manner: (Ord. 948, 11-16-1988)

A. An annual license fee shall be payable:

1. For renewals, in advance prior to January 1 of each year; or

2. For a new business, prior to the start of business within the City. (Ord. 097-1111, 8-13-1997)

B. A monthly license fee shall be payable in advance for each calendar month or any portion thereof for which the license certificate is to be issued.

C. A daily license fee shall be payable in advance for each calendar day or any portion thereof for which the license certificate is to be issued. (Ord. 948, 11-16-1988)
 

11.04.02: DESIGNATION OF APPROPRIATE CLASSIFICATION:

If an application is made for a business classification not specifically mentioned in this Chapter, the City Manager shall be empowered to designate the appropriate classification for the business for the purpose of determining the license fee due. (Ord. 948, 11-16-1988)

11.04.03: PENALTIES FOR DELINQUENT PAYMENT OF FEES:

A. Annual Licenses:

1. The City shall, at the close of business on the last working day of a month in which any annual license renewal fee is due but unpaid, impose a penalty of twenty five percent (25%) of the value of the license or twenty dollars ($20.00), whichever is greater, upon the holder of or the one who should hold the business license.

2. Any person who has commenced work in the City without having first secured a license certificate and paid the required fee shall be assessed a penalty of twenty five percent (25%) of the value of the license or fifty dollars ($50.00), whichever is greater.

3. Any person requiring a business certificate who has hired, or caused to be hired, an independent contractor who has commenced work in the City and who has not secured a license certificate and paid the required fee, shall be assessed a penalty of twenty five percent (25%) of the value of the license fee of the independent contractor or one hundred dollars ($100.00), whichever sum is greater. This penalty is in addition to the penalty and fee required to be paid by the unlicensed independent contractor.

4. Any person owning or occupying property who hires an independent contractor who has not secured a license certificate and paid the required fee to assist in constructing in the City a project requiring a building, electrical, plumbing or mechanical permit, shall be assessed a penalty of twenty five percent (25%) of the value of the license fee of the independent contractor or one hundred dollars ($100.00), whichever sum is greater. This penalty is in addition to the penalty and fee required to be paid by the unlicensed independent contractor.

5. For each subsequent month in which the annual license renewal fee is unpaid, an additional penalty of twenty five percent (25%) of the value of the license or twenty dollars ($20.00), whichever is greater, shall be added to the license renewal fee.

6. The total sum of all penalties shall not exceed twice the value of the annual license fee.

B. Daily Licenses:

1. Any person who has commenced work without having first secured a license certificate and paid the required fee shall be assessed a penalty of twenty five percent (25%) of the daily value of the license or fifty dollars ($50.00), whichever is greater.

2. Any person who continues work without having secured a license certificate after receiving a written notice of violation thereof shall be assessed a penalty of fifty percent (50%) of the daily value of the license or one hundred dollars ($100.00), whichever is greater.

3. The total sum of all penalties shall not exceed twice the value of the total of all daily fees required for the license certificate. (Ord. 097-1111, 8-13-1997)

11.04.04: FAILURE TO OBTAIN LICENSE AFTER WARNING:

A person who has not secured a license certificate within ten (10) calendar days of having received a written notice that a license is required shall be subject to citation for a misdemeanor or infraction, as determined by the City Prosecutor, in addition to any penalties provided for herein. (Ord. 948, 11-16-1988; amd. 1994 Code)

11.04.05: NO LICENSE UNTIL PENALTIES PAID:

No license certificate required pursuant to this Chapter shall be issued until all license fees and penalties required herein have been paid in full. (Ord. 948, 11-16-1988)
 

11.04.06: NEW LICENSE REQUIRED:

A new license certificate shall be issued and the fees required therefor paid if:

A. The owner or certificate holder changes.

B. The type of business activity for which the license was issued changes. (Ord. 948, 11-16-1988)
 

11.04.07: DUPLICATE LICENSE:

A duplicate license certificate may be issued by the City to replace one previously issued which has been lost or destroyed. The certificate holder shall file a written statement attesting to such fact and pay a fee of ten dollars ($10.00). The duplicate certificate shall have the same expiration date and conditions as the original. (Ord. 948, 11-16-1988)

11.04.08: LICENSE FOR CHANGE OF ADDRESS OR NAME:

A substitute license certificate may be issued by the City if a business changes address or name and the certificate holder and type of business remain the same. The certificate holder shall submit an application requesting the address or name change and pay a fee of ten dollars ($10.00). (Ord. 948, 11-16-1988)

11.04.09: REFUNDS:

No refunds shall be issued, except for any amount of overcharge which may have resulted from an error of calculation by the City. (Ord. 948, 11-16-1988)

11.04.10: APPORTIONMENT OF FEES:

Whereas, by reason of the provisions of the Constitution of the United States or the Constitution of the State of California, the business license tax imposed by this Chapter cannot be enforced without there being an apportionment according to the amount of business done in the City or in the State as the case may be, the City Manager may make such rules and regulations for the apportionment of the tax as are necessary or desirable to overcome the constitutional objections. Such rules and regulations shall be approved by the City Attorney prior to becoming effective. (Ord. 948, 11-16-1988)

11.04.11: FEES FOR NEW BUSINESS:

When a person begins a business in the City, the initial annual license fee shall be prorated in the following manner:

A. A license application received from January 1 to June 30 of the same calendar year shall pay the full annual license fee required in Article 05 of this Chapter.

B. A license application received from July 1 to December 31 of the same calendar year shall pay a license fee equal to one-half (¹/₂) of the annual license fee required in Article 05 of this Chapter. (Ord. 948, 11-16-1988)
 

11.04.12: HOW FEES ARE PAYABLE:

All license fees and penalties provided for in this Chapter shall be paid in advance in lawful money of the United States at the City Hall. (Ord. 948, 11-16-1988)

ARTICLE 05 – Back to top

BUSINESSES REQUIRING ANNUAL LICENSE

SECTION:

11.05.01: Annual Fee Based on Number of Employees

11.05.02: Wholesale or Retail Sales

11.05.03: Eating Establishments

11.05.04: Professional Businesses

11.05.05: Contractors

11.05.06: Tree Trimming/Gardening

11.05.07: Animal/Pest Control

11.05.08: Wheeled Vehicles

11.05.09: Refuse Collection

11.05.10: Entertainment

11.05.11: Vending Machines

11.05.12: Fortunetellers

11.05.13: Home Occupations

11.05.14: Miscellaneous

11.05.01: ANNUAL FEE BASED ON NUMBER OF EMPLOYEES:

Every person engaged in a business employing one or more individuals, including the owner of said business, shall pay annual license fees as follows unless otherwise provided herein:

A. Four (4) or fewer individuals engaged or employed as owners, stockholders, partners, managers or employees shall pay an annual fee of fifty dollars ($50.00).

B. Between five (5) and ten (10) individuals engaged or employed as owners, stockholders, partners, managers or employees shall pay an annual fee of seventy five dollars ($75.00).

C. Between eleven (11) and twenty (20) individuals engaged or employed as owners, stockholders, partners, managers or employees shall pay an annual fee of one hundred dollars ($100.00).

D. Between twenty one (21) and thirty (30) individuals engaged or employed as owners, stockholders, partners, managers or employees shall pay an annual fee of one hundred fifty dollars ($150.00).

E. Thirty one (31) or more individuals engaged or employed as owners, stockholders, partners, managers or employees shall pay an annual fee of two hundred dollars ($200.00).

It shall be the duty and obligation of any applicant for an annual business license pursuant to this Section to file with the City simultaneously with the filing of the application an affidavit showing the number of individuals engaged, employed or used in the conduct of the business during the six (6) month period immediately prior to the filing of the application, and such number of individuals shall determine the license fee to be paid. Included in the determination of the number of employees shall be apprentices and students for whom the business receives compensation for student labor. For the purpose of determining the number of employees pursuant to this Section, two (2) part-time employees shall be considered the equivalent of one full-time employee.

If the application is for a new business previously unlicensed in the City, such application and affidavit shall estimate the number of individuals to be engaged, employed or otherwise used in the conduct of the business. The estimate shall be reconciled with the actual facts at the time of the succeeding annual renewal or at any time during the period in which the license certificate is in effect, at which time, the license fee shall be adjusted accordingly.

If the business has numerous offices, the number of individuals regularly working at the office or offices located in the City or, in the case of an independent contractor, who would have regular use of the office or offices in the City, shall be included in the affidavit required herein as full-time employees. (Ord. 948, 11-16-88; 1994 Code)
 

11.05.02: WHOLESALE OR RETAIL SALES:

Every person engaged in the wholesale or retail sale of goods and materials shall pay an annual fee in accordance with Section 11.05.01 herein. (Ord. 948, 11-16-88)
 

11.05.03: EATING ESTABLISHMENTS:

Eating establishments shall include, in the determination of the number of individuals engaged, employed or used in the conducting of such business, all individuals involved with food preparation, serving, delivering, cashiering or cleaning of premises whether on a full-time or part-time basis.

A. Every person engaged in the sale of food: take-out (not consumed on premises), shall pay an annual fee in accordance with Section 11.05.01 herein.

B. Every person engaged in the sale of food: on-site (consumed on premises and for which tables are provided for consumption), shall pay an annual fee in accordance with Section 11.05.01 herein.

C. Every person engaged in a catering business shall pay an annual fee in accordance with Section 11.05.01 herein. Such license shall be separate and apart from a license for the consumption of food on premises or take-out. (Ord. 948, 11-16-88)
 

11.05.04: PROFESSIONAL BUSINESSES:

Professional businesses shall include, in the determination of the number of individuals employed, engaged or used in the conducting of such business, all individuals involved in clerical, technical, paraprofessional, professional or other support activities whether employed on a full-time or part-time basis and whether employed directly or as independent contractor.

A. Every person engaged in a legal profession, whether as an attorney or para-legal, shall pay an annual fee in accordance with Section 11.05.01 herein.

B. Every person engaged in a medical profession, including dental and vision, shall pay an annual fee in accordance with Section 11.05.01 herein.

C. Every person engaged in an insurance profession, whether as agent or broker, shall pay an annual fee in accordance with Section 11.05.01 herein.

D. Every person engaged in an accountancy profession, shall pay an annual fee in accordance with Section 11.05.01 herein.

E. Every person engaged in a mortgage or mortgage brokerage profession, including title and escrow services, shall pay an annual fee in accordance with Section 11.05.01 herein.

F. Every person engaged in a private school operated for profit, regardless of the age of students or course of instruction, shall pay an annual fee in accordance with Section 11.05.01 herein.

G. Every person engaged in a private patrol profession, including night watch service, private policeman, police patrol service or any other service, the purpose of which is to afford police or fire protection within the City, in addition to that provided by the City, to the public for hire or reward, shall pay an annual fee in accordance with Section 11.05.01 herein. Every firm or business so engaged shall have obtained a license from the State to be engaged in said business prior to application for a City license. (Ord. 948, 11-16-88)

H. Every person engaged in a real estate broker profession shall pay an annual fee of one hundred dollars ($100.00) for himself or herself and thirty five dollars ($35.00) for each salesperson employed or engaged by such broker. These fees shall be in lieu of the fees provided in subsections 11.05.01A through E of this Article. (Ord. 092-1023, 7-8-92)

I. Every person engaged in a travel agency profession shall pay an annual fee in accordance with Section 11.05.01 herein.

J. Every person engaged in an appraisal profession, whether real or personal property, shall pay an annual fee in accordance with Section 11.05.01 herein.

K. Every person engaged in a valet parking service shall pay an annual fee in accordance with Section 11.05.01 herein.

L. Every person engaged in a beauty salon profession shall pay an annual fee in accordance with Section 11.05.01 herein.

M. Every person engaged in a service/repair profession, separate from a retail or wholesale business, shall pay an annual fee in accordance with Section 11.05.01 herein.

N. Every person engaged in a consulting profession, not specifically stated herein, shall pay an annual fee in accordance with Section 11.05.01 herein. (Ord. 948, 11-16-88)

11.05.05: CONTRACTORS:

A. Every individual or business providing construction or building services shall have the appropriate State license prior to submitting an application for a business license from the City.

1. Every person engaged as a contractor and licensed by the State as an A or B contractor shall pay an annual fee of two hundred dollars ($200.00).

2. Every person engaged as an electrical contractor and licensed by the State as a C-10 contractor or performing electrical work in the City shall pay an annual fee of two hundred dollars ($200.00).

3. Every person engaged as a contractor and licensed by the State as a C-15, C-17, C-55 or C-61 contractor shall pay an annual fee of one hundred dollars ($100.00).

4. Every person engaged as a painter and licensed by the State as a C-33 contractor shall pay an annual fee of one hundred dollars ($100.00).

5. Every person engaged as a landscape contractor and licensed by the State as a C-27 contractor shall pay an annual fee of one hundred dollars ($100.00).

6. Every person engaged in any contractor activity as set forth in the State licensed contractor classifications, except for those classifications specifically identified in this Article, shall pay an annual fee of two hundred dollars ($200.00).

B. Every person engaged in any contracting activity pursuant to this Section shall be entitled to four (4) vehicle permit stickers as required by this Chapter.

Each additional vehicle shall require an annual fee of twenty five dollars ($25.00). (Ord. 948, 11-16-88)

11.05.06: TREE TRIMMING/GARDENING:

A. Every person engaged as a gardener shall pay:

1. For the employment of two (2) individuals using one vehicle, an annual fee of thirty five dollars ($35.00). Said vehicle shall display a vehicle permit sticker as required by this Chapter.

2. For each additional employee, an annual fee of twenty five dollars ($25.00).

3. For each additional vehicle an annual fee of twenty five dollars ($25.00).

B. Every person engaged as a tree trimmer or tree service shall pay an annual fee of one hundred dollars ($100.00) which shall provide for four (4) vehicle permit stickers as required by this Chapter. (Ord. 948, 11-16-88)

11.05.07: ANIMAL/PEST CONTROL:

A. Every person engaged in the exterminator, fumigator or pest control (insect) business shall pay an annual fee of one hundred dollars ($100.00). Every such person or business shall present a license from the State Board of Pest Control at the time of application for a license.

B. Every person engaged in the animal control business shall pay an annual fee of one hundred dollars ($100.00). (Ord. 948, 11-16-88)

11.05.08: WHEELED VEHICLES:

A. Every person engaged in the delivery or trucking business in which he/she is located outside the City and who, in the course of such business uses a wheeled vehicle for the purpose of selling, delivering or receiving within the City any personal property of any kind, whether wholesale or retail, or any materials, for the purpose of rendering or performing any service within the City or who picks up or delivers personal property to be serviced outside the City shall, unless otherwise provided by law, pay the annual fee contained herein based on the total number of wheeled vehicles within the business's operating fleet which may conduct such business within the City.

1. One vehicle, fifty dollars ($50.00).

2. Two (2) or three (3) vehicles, one hundred dollars ($100.00).

3. Four (4), five (5) or six (6) vehicles, one hundred fifty dollars ($150.00).

4. Seven (7), eight (8), nine (9) or ten (10) vehicles, two hundred dollars ($200.00).

5. More than ten (10) vehicles, two hundred fifty dollars ($250.00).

B. Every person engaged in transporting passengers for hire, excluding taxicabs, shall pay an annual fee of one hundred dollars ($100.00). Said fee shall be for any number of vehicles used.

C. Every person engaged in the taxicab service shall pay an annual fee of twelve dollars ($12.00) for each taxicab operating within the City at a taxi stand. (Ord. 995, 8-20-91; 1994 Code)

11.05.09: REFUSE COLLECTION:

Every person engaged in refuse collection within the City shall pay an annual fee of two hundred fifty dollars ($250.00).

In addition to the fee herein, every person engaged in refuse collection shall also pay the license fee set forth in subsection 11.05.08A of this Article based on the number of refuse trucks operating within the City and the franchise fee set forth in Section 09.05.01 of this Code. (Ord. 995, 8-20-91)

11.05.10: ENTERTAINMENT:

Every person engaged in entertaining or providing entertainment within the City shall pay an annual license fee in accordance with the requirements herein.

A. Every person engaged in operating any theater, whether for the showing of live or movie entertainment, shall pay an annual fee of two hundred fifty dollars ($250.00). (Ord. 948, 11-16-88)

11.05.11: VENDING MACHINES:

Every person providing coin-operated machines, whether for the purpose of games or for the vending of goods, wares or merchandise, shall pay an annual fee of five dollars ($5.00) for each machine. (Ord. 948, 11-16-88)
 

11.05.12: FORTUNETELLERS:

Every person engaged in the telling of fortunes, forecasting of futures or furnishing of any kind of information not otherwise obtainable by the ordinary process of knowledge, by means of any occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, psychometery, phrenology, spirits, tea leaf or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind reading, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetized article or substance, crystal gazing, oriental mysteries or magic or any kind or nature shall pay an annual fee of fifty dollars ($50.00). (Ord. 948, 11-16-88)
 

11.05.13: HOME OCCUPATIONS:

Individuals residing in the City may undertake business activities within their residential dwelling unit, provided all of the following provisions are complied with:

A. The street address of the residential unit shall not be advertised as the location of the business activity.

B. With the exception of tutoring of no more than two (2) individuals at a time or the giving of music lessons to more than two (2) individuals at one time, no clientele shall be permitted at the residential unit.

C. No goods or materials shall be delivered to the residential unit in conjunction with the business activity.

D. No warehousing or storing of any materials or goods in connection with the business activity shall be allowed at the residential unit.

E. No manufacturing of goods shall take place at the residential unit.

F. The use is permitted in the R-1 Use Zone.

Every individual conducting a home occupation and complying with the requirements herein shall pay an annual fee of fifty dollars ($50.00). (Ord. 948, 11-16-88)

11.05.14: MISCELLANEOUS:

A. Every person operating as a handyman and performing only minor repair or restoration work which does not require the issuance of a City building permit, which does not involve exterior painting, except for trim only, which does not involve electrical, plumbing, heating or air conditioning repair or floor covering work and which does not involve any structural modifications shall pay an annual fee of fifty dollars ($50.00).

B. Every person involved in the business of lending money on pledged personal property as a pawnbroker in the City shall pay an annual fee of four hundred dollars ($400.00).

C. Every person operating as an auto detailing/cleaning service shall pay an annual fee in accordance with Section 11.05.01 herein.

D. Every person operating as a janitorial service, excluding maids or cleaning persons individually employed for a single residential unit, shall pay an annual fee in accordance with Section 11.05.01 herein.

E. Every person operating as a pool cleaning service shall pay an annual fee of fifty dollars ($50.00). (Ord. 948, 11-16-88)

ARTICLE 06 – Back to top

BUSINESSES REQUIRING MONTHLY LICENSE

(Reserved)  

ARTICLE 07 – Back to top

BUSINESSES REQUIRING DAILY LICENSE
 

SECTION:

11.07.01: Special Advertising

11.07.02: Special Sales

11.07.03: Entertainment !2R!

11.07.01: SPECIAL ADVERTISING:

A. Every person engaged in operating a sound truck upon the public streets of the City, which shall include any wheeled vehicle equipped with music or a musical device, loudspeaker or other device for attracting attention shall pay a daily fee of one hundred dollars ($100.00) for each day such vehicle is used in the City.

B. Every person engaged in operating a billboard truck upon the public streets of the City, which shall include any wheeled vehicle for advertising purposes, to which wheeled vehicles are attached signs, placards, billboards or other advertising matter shall pay a daily fee of one hundred dollars ($100.00) for each day such vehicle is so used in the City. (Ord. 948, 11-16-88)

11.07.02: SPECIAL SALES:

A. Every person engaged in conducting an auction sale in the City shall pay a daily fee of one hundred dollars ($100.00) for each day such auction takes place. Said fee shall be in addition to any fee required pursuant to Section 11.05.04 of this Chapter.

B. Every person engaged in fire/bankruptcy sales by owning, opening, establishing, managing, maintaining or having charge of any temporary location or place of business of any kind for the sale of any insolvent, bankrupt, fire-damaged or other similar goods, wares or merchandise, and every itinerant or transient merchant having a temporary place of business but not having any continuous or permanent place of business in the City, who sells or offers for sale any insolvent, bankrupt, fire-damaged or other similar goods, wares or merchandise shall pay a daily fee of fifty dollars ($50.00).

C. Every person engaged in souvenir sales upon the public streets of the City, including the sale of flags, balloons, banners, food, canes, noise-making instruments of any kind or toys, buttons, badges or souvenirs of any kind shall pay a daily fee of ten dollars ($10.00). (Ord. 948, 11-16-88)

11.07.03: ENTERTAINMENT:

A. Every person, as part of any traveling troop or show engaged in theatrical performance under canvas, wherein the performance is under or partially surrounded by canvas or other material and for which an admission is charged shall pay a daily fee of one hundred dollars ($100.00) for each day of said performance.

B. Every person engaged in operating, showing, maintaining, sponsoring or using any professional entertainment in conjunction with, as an adjunct to or in promotion of any commercial establishment in the City or the services, sales, wares, merchandise and products thereof or any part thereof shall pay a daily fee of one hundred dollars ($100.00) for each day of said performance.

C. Every person engaged in the business of operating, showing or maintaining any carnival or similar show shall pay a daily fee of three hundred dollars ($300.00) for each day of said carnival.

D. Every person engaged in exhibiting, conducting or showing a circus or trained animal show or menagerie not exhibited as part of any circus shall pay a daily fee of two hundred dollars ($200.00) for each day of said showing.

E. Every person engaged in exhibiting, conducting or showing any side show, either in conjunction with or as a part of any circus, trained animal show or menagerie or otherwise, where a separate admission fee is charged, shall pay a daily fee of one hundred dollars ($100.00) for each day of said showing.

F. Every person engaged in operating any midway ride, including merry-go-round, circular swing, roller coaster, ferris wheel or other similar ride or contraption intended for pleasure, entertainment or amusement, shall pay a daily fee of twenty five dollars ($25.00) for each such ride or contraption for each day of its operation. (Ord. 948, 11-16-88)

ARTICLE 08 – Back to top

FILMING AND SPECIAL EVENTS

SECTION:

11.08.01: Filming Permit Required

11.08.02: Neighborhood Consent Required

11.08.03: City Manager to Modify Written Consent

11.08.04: Appeal of Consent Requirement

11.08.05: Restrictions on Filming in General

11.08.06: Additional Restrictions Permitted

11.08.07: Filming Permit Fees

11.08.08: Resident License Required

11.08.09: Limitation on Resident Licenses

11.08.10: Presence of City Personnel Required

11.08.11: Public Safety Personnel - Security !2R!
 

11.08.01: FILMING PERMIT REQUIRED:

No commercial still or motion filming shall be permitted in the City without having first obtained a filming permit from the City and having paid the fee required therefor. Requests for such permit shall be made no less than ten (10) days prior to the start of the filming. (Ord. 948, 11-16-88)
 

11.08.02: NEIGHBORHOOD CONSENT REQUIRED:

Prior to being issued a filming permit for motion filming, the business requiring the permit shall solicit the written consent of neighbors within five hundred feet (500') of the perimeter of the property on which the filming is to take place. In no case, however, shall the solicitation for consent include fewer than the two (2) most immediate neighbors from each side property line and the three (3) most immediate neighbors from the front and rear property line, regardless of the distance. (Ord. 948, 11-16-88)
 

11.08.03: CITY MANAGER TO MODIFY WRITTEN CONSENT:

The City Manager shall be empowered to modify or waive the requirement of the written consent of the neighbors if, in his/her judgment, the filming to take place will not adversely affect the public health, safety or general welfare.

The City Manager shall determine whether the actual amount of written consent received is adequate to permit the filming to take place. (Ord. 948, 11-16-88)
 

11.08.04: APPEAL OF CONSENT REQUIREMENT:

Should any resident, property owner or business be unable to receive consent from the neighbors required in Section 11.08.02 of this Article and the City Manager has denied a filming permit based on such failure to obtain written consent, an appeal may be filed with the Council to permit the filming. The Council shall grant the permit to film only if it finds the proposed filming will not adversely affect the public health, safety or general welfare.

The decision of the Council shall be final and binding on all parties. (Ord. 948, 11-16-88)
 

11.08.05: RESTRICTIONS ON FILMING IN GENERAL:

A. Time Limitations: No filming or any related activity shall take place prior to seven thirty o'clock (7:30) A.M., nor later than nine o'clock (9:00) P.M. without the prior written approval of the City Manager.

B. Parking: All parking related to filming activity shall be restricted to one side of the street only. All public roadways shall be kept open at all times unless approved by the Chief of Police. Parking may be prohibited in the area of filming activity if, in the opinions of the Chief of Police and the City Manager, a safety hazard would result.

C. Nudity: There shall be no nude or partially nude performers in the view of the public at any time. (Ord. 948, 11-16-88)

11.08.06: ADDITIONAL RESTRICTIONS PERMITTED:

Any additional restrictions may be placed on commercial filming in the City if the City Manager deems it necessary to protect the public health, safety or general welfare of the community. Such restrictions may include the requirement for use of police, fire or other City personnel during the filming. (Ord. 948, 11-16-1988)
 

11.08.07: FILMING PERMIT FEES:

The following filming permit fees shall be paid by any business or individual requesting to do commercial still or motion filming in the City prior to the start of such filming:

A. Still Filming:

1. Private Property: (All equipment and vehicles to be located on private property.) No fee.

2. Public Streets: (Includes use of streets for parking equipment.) One thousand dollars ($1,000.00) per day.

3. Public Parks And Buildings: (Includes interior and exterior shots.) Five hundred dollars ($500.00) per day.

B. Motion Filming:

1. Private Property: (All equipment and vehicles to be located on private property.) Five hundred dollars ($500.00) per day.

2. Public Streets: (Includes use of streets for parking equipment.) Two thousand five hundred dollars ($2,500.00) per day.

3. Public Parks And Buildings: (Includes interior and exterior shots.) Two thousand dollars ($2,000.00) per day.

C. Setup And Take Down: Setup and take down ("prep and strike") shall be considered a part of the filming and subject to the above fees. However, the City Manager may reduce the fees for days spent solely on setup and take down to no lower than five hundred dollars ($500.00), depending on the activity involved.

D. Late Fee: A late fee of twenty percent (20%) shall be applied to all fees collected in conjunction with a filming activity if the permit is issued less than ten (10) days from the beginning of the filming. (Ord. 095-1074, 7-12-1995)
 

11.08.08: RESIDENT LICENSE REQUIRED:

No resident or property owner in an R-1 or C-1 Zone shall have commercial still or motion filming conducted on their property without having first obtained a filming license from the City and paying the fee required herein in addition to any fee which shall be required of the commercial filming business.

A. Commercial Still Filming: The license fee shall be one hundred dollars ($100.00) for each day or portion thereof during which the still filming is to take place. Setup and take down shall be considered a part of the filming.

B. Commercial Motion Filming: The license fee shall be five hundred dollars ($500.00) for each day or portion thereof during which the motion filming is to take place. Setup and take down shall be considered a part of the filming.

Each separate occurrence of a still or motion filming shall require a separate license. (Ord. 948, 11-16-1988)
 

11.08.09: LIMITATION ON RESIDENT LICENSES:

There shall be no more than four (4) resident filming licenses issued pursuant to Section 11.08.08 of this Article granted to any single property during a given calendar year. (Ord. 948, 11-16-1988)

11.08.10: PRESENCE OF CITY PERSONNEL REQUIRED:

Whenever a member or members of any of the City's departments is required to be present at a still or moving filming site for safety purposes or to provide protection of City property, as determined by the City Manager, the individual or business requesting a filming permit shall be required to pay the following fees within thirty (30) days of receipt of the billing for such service:

A. Firefighter: A fee of thirty five dollars ($35.00) per employee for each hour or portion thereof, with a minimum of four (4) hours of time being charged. A twenty percent (20%) surcharge of the total hourly fees shall be added for administrative costs.

B. Police Officer: A fee of thirty five dollars ($35.00) per employee for each hour or portion thereof, with a minimum of four (4) hours of time being charged. A twenty percent (20%) surcharge of the total hourly fees shall be added for administrative costs.

C. General Employee: A fee of thirty five dollars ($35.00) per employee for each hour or portion thereof, with a minimum of four (4) hours of time being charged. A twenty percent (20%) surcharge of the total hourly fees shall be added for administrative costs. (Ord. 948, 11-16-1988)

11.08.11: PUBLIC SAFETY PERSONNEL - SECURITY:

Whenever a member or members of the City's Police or Fire Department is requested to be present at a private event and approval has been granted by the Chief of Police or Fire Chief, respectively, the individual or business requesting the safety personnel shall be required to pay the following fees within thirty (30) days of receipt of the billing for such service:

A. Firefighter: A fee of thirty five dollars ($35.00) per employee for each hour or portion thereof, with a minimum of four (4) hours of time being charged. A twenty percent (20%) surcharge of the total hourly fees shall be added for administrative costs.

B. Police Officer: A fee of thirty five dollars ($35.00) per employee for each hour or portion thereof, with a minimum of four (4) hours of time being charged. A twenty percent (20%) surcharge of the total hourly fees shall be added for administrative costs. (Ord. 948, 11-16-1988)

ARTICLE 09 – Back to top

CHARITABLE SOLICITATIONS

SECTION:

11.09.01: Definitions

11.09.02: Permit and License Requirements

11.09.03: Exemptions

11.09.04: Application Procedure

11.09.05: Investigation

11.09.06: Permitting Procedure

11.09.07: Denial of Permit

11.09.08: Identification Cards

11.09.09: Suspension or Revocation of Permit

11.09.10: Appeal

11.09.11: Renewal of Permit

11.09.12: Charitable Solicitation Procedures

11.09.13: Report Required from Permittee !2R!
 

11.09.01: DEFINITIONS:

For purposes of this Article, the following terms shall have the following meanings:

CHARITABLE: Means and includes the words patriotic, political, philanthropic, social services, welfare, benevolent, educational, religious, civic or fraternal or any other tax exempt purpose or function as specified in article I of chapter 4 of the California Revenue and Taxation Code (sections 23701 et seq.).

CHARITABLE ASSOCIATION: Means and includes any organization, whether or not incorporated, that is organized and operated exclusively for charitable, religious, fraternal, educational, cultural, civic or other tax exempt purposes or functions, as specified in article I of chapter 4 of the California Revenue and Taxation Code (sections 23701 et seq.), and which has been determined by the Franchise Tax Board to be exempt from taxation or which has established its exemption under section 501(c)(3) of the Internal Revenue Code.

CHARITABLE SOLICITATION: A solicitation conducted on behalf of a charitable association for charitable purposes.

CONTRIBUTION: Means and includes alms, food, clothing, money or property, subscriptions, pledges or donations given or solicited, either directly or indirectly, or under the guise of loans of money or property.

MONETARY COMPENSATION or CONSIDERATION: As used herein, means and includes, but is not limited to, participation on a percentage basis in any fund solicited or raised for or on behalf of any other person.

SOLICIT or SOLICITATION: The request, directly or indirectly, for a contribution of money, credit, property, financial assistance or other things of value, for charitable purposes, as defined in this Section, which request is made door-to-door, in any place of public accommodation, in any place of business open to the public generally, on City streets and sidewalks, in public parks or in any other public places. These words also mean and include the following methods of obtaining such money, credit, property, financial assistance or other thing of value:

A. Any verbal or written request;

B. The local distribution, circulation, posting or publishing of any handbill, written advertisement or other publication unless such handbill or written advertisement has been placed within a business open to the public generally and with the express permission of the owner or lessee of such business; or

C. The sale of or taking orders for any goods, services, merchandise, wares or other tangible items. A solicitation, as defined herein, shall be deemed completed when the request is made, whether or not the solicitor receives any contribution or makes any sale referred to herein.

WRITING: Includes "printing", "typewriting", "mimeographing", "multigraphing" or "photocopying".

WRITTEN: Includes "printed", "typewritten", "mimeographed", "multigraphed" or "photocopied". (Ord. 092-1024, 8-12-92) !DEFEND!

11.09.02: PERMIT AND LICENSE REQUIREMENTS:

No person shall conduct a charitable solicitation within the City without having first obtained a permit from the City Clerk authorizing such charitable solicitation; except, that where a charitable solicitation permit has been issued to any applicant, an individual agent or solicitor for such applicant shall not be required to obtain an individual permit. (Ord. 092-1024, 8-12-92)

11.09.03: EXEMPTIONS:

A. The provisions of this Article shall not apply to charitable solicitations made upon premises owned or occupied by the organization or person on whose behalf such charitable solicitation is made.

B. The provisions of this Article shall not apply to:

1. Payments required by law to be collected or paid; or

2. Payments to or from governmental agencies; or

3. Charitable solicitations made by an association or its authorized agents and employees to its own members and employees. (Ord. 092-1024, 8-12-92)

11.09.04: APPLICATION PROCEDURE:

A. Filing of an Application: An application for a charitable solicitation permit shall be filed with the City Clerk. Within ten (10) calendar days of the date the application is made, the City Clerk shall either return the application as incomplete or grant, approve with conditions, or deny the requested permit to conduct a charitable solicitation. In the event the City Clerk fails to act upon a completed application within the time prescribed herein, the permit shall be deemed granted.

B. Contents of Application: An application for a charitable solicitation permit shall include the following information, as applicable:

1. If the applicant is not an individual, the applicant's correct legal name, taxpayer identification number (if applicable), address of its principal office and the names, addresses and telephone numbers of the applicant's principal officers and executives.

2. The name, address and telephone number of the person or persons who will be in direct charge of conducting the charitable solicitation and the names of all fund raisers or solicitors connected with or to be connected with the proposed charitable solicitation and the photo identification of any such person taken within sixty (60) days immediately prior to the filing of the application. Such photo identification shall be two inches by two inches (2" x 2") showing the head and shoulders in a clear and distinguishable manner.

3. A description of the method or methods to be used in conducting the charitable solicitation.

4. The time when such charitable solicitation will be made, giving the preferred dates and hour of the day for the commencement and termination of the charitable solicitation.

5. A statement to the effect that, if a permit is granted, it will not be used or represented in any manner as an endorsement by the City or by any department or officer thereof.

6. An explanation of the reasons why any information required herein is not available if the applicant is unable to provide any of the required information.

7. The application shall be signed by the applicant if the applicant is an individual; by the managing or general partner if the applicant is a partnership; by an officer if the applicant is a corporation or an association. At the time the individual signs the application, said individual shall swear before an officer authorized to administer oaths that he or she has carefully read the application and that all the information contained therein is true and correct.

8. Documents which evidence the tax-exempt status of the charitable association and its relationship to the applicant.

9. A statement of the nature and extent of the charitable work being performed by the applicant within the City.

10. The purpose for which the charitable solicitation is to be made, the total amount of funds proposed to be raised thereby and the use or disposition to be made of any receipts therefrom.

11. A financial statement, signed by a certified public accountant, for the last preceding fiscal year setting forth all funds collected for charitable purposes by the applicant, including the amount of money raised, the costs of raising it and the ultimate distribution thereof.

12. A projected schedule of salaries, wages, fees, commissions or other compensation, expenses and costs to be expended or paid in connection with the charitable solicitation or in connection with the disbursement of funds solicited (if applicable) and an estimated percentage of the total projected collections which the costs of charitable solicitation will comprise (if applicable).

13. If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy or method that would alter the information set forth in the application, the applicant shall notify the City Clerk, in writing thereof, within twenty four (24) hours after such change. (Ord. 092-1024, 8-12-92)

11.09.05: INVESTIGATION:

The City Clerk and the Chief of Police shall examine any application for a charitable solicitation permit. An applicant for a permit to conduct a charitable solicitation shall make available for inspection all of the applicant's financial books, records and papers at any reasonable time before the application is granted and during the time a permit is in effect. (Ord. 092-1024, 8-12-92)
 

11.09.06: PERMITTING PROCEDURE:

A. Issuance of Permit: The City Clerk shall issue a permit for charitable solicitation unless any of the following has been demonstrated:

1. That the applicant has failed to provide the information requested in this Article; or

2. That any statement made in the application is false.

B. Authority of the City Clerk: Nothing in this Section shall be construed as granting to the City Clerk or to any other person the authority to grant, deny, revoke, renew or suspend any charitable solicitation permit by reason of either approval or disapproval of the philosophy, opinions or beliefs of the applicant, the permittee or the person such applicant or permittee represents or for any other reasons not specifically set forth in this Section.

C. Form of Permit: Any permit issued under this Article shall bear the name and address of the person to whom the permit is issued, the number of the permit, the date issued, the dates within which the permittee may solicit, a statement that the permit does not constitute an endorsement by the City of any of its departments, officers or employees of the purpose of or of the person conducting the charitable solicitation and, in the case of charitable associations, a brief statement describing, by approximate percentage, the proposed disbursement of all funds to be solicited under the permit. A permit must be signed by the City Clerk.

D. Term of Permit: Any permit issued under this Article shall be valid for a period of three (3) months unless revoked, suspended or renewed pursuant to the provisions of this Article.

E. Permit Nontransferable: Any permit issued under this Article shall not be transferable or assignable. (Ord. 092-1024, 8-12-92)

11.09.07: DENIAL OF PERMIT:

In the event that the City Clerk denies the permit, the City Clerk, within five (5) business days, shall notify the applicant by registered or certified mail, stating with specificity the reasons for such denial. (Ord. 092-1024, 8-12-92)
 

11.09.08: IDENTIFICATION CARDS:

A. Identification Card Required; Contents: Any person conducting a charitable solicitation shall obtain an identification card from the City which shall include the permit number, the name and street address of the permittee, a statement describing the permittee's purpose and activity, the signature of the permittee's chief executive officer (if applicable), the name and signature of the solicitor to whom the card is issued, the specific period of time during which the charitable solicitation is authorized and a statement printed prominently on the card which shall state: "This identification card is not an endorsement of the charitable solicitation by the City of San Marino or any of its departments, officers or employees".

A sample copy of the identification card shall be filed with the City Clerk at the time the application for a permit is filed and shall be approved by the City Clerk as conforming to the requirements of this Article.

B. Identification Card to be Carried and Displayed: No person shall solicit any contributions unless an identification card of a form approved by the City Clerk is exhibited and read to the person solicited, or is presented for perusal by the person solicited, before accepting any contribution.

C. Repeal or Revocation of Identification Card: If a permit issued pursuant to this Article is denied or revoked, any identification card issued to a person conducting the charitable solicitation shall be canceled and such cards shall be returned to the City Clerk within forty eight (48) hours from the time of receipt of such notification. (Ord. 092-1024, 8-12-92)

11.09.09: SUSPENSION OR REVOCATION OF PERMIT:

A. Grounds for Revocation: A permit shall be revoked if the permit holder or any person soliciting on behalf of the permit holder violates any of the provisions of this Code or misrepresents the purpose of the charitable solicitation.

B. Notice of Suspension: Whenever it shall be shown that grounds for revocation exist, the City Clerk shall immediately suspend the permit by notifying the permittee of the suspension, stating with specificity the reasons for the suspension, within two (2) business days by registered or certified mail or by personal service of the notice upon the permittee. Such notification shall become effective on the third calendar day after service by mail of the notice or immediately upon personal service of the notice.

C. Revocation Hearing: The suspension notice shall set the matter for hearing before the City Clerk within five (5) business days of the effective date of suspension.

D. Revocation: The City Clerk shall, based upon the evidence, render a decision within one business day either revoking the permit or ending the suspension and reinstating the permit.

E. Notification of the Chief of Police: The Chief of Police shall be notified by the City Clerk of the suspension or revocation of any permit issued under this Article. (Ord. 092-1024, 8-12-92; 1994 Code)

11.09.10: APPEAL:

If an applicant or permittee is aggrieved by any action to deny or revoke a permit by the City Clerk, such applicant or permittee shall have the right to appeal such decision to the City Manager. The notice of appeal shall specifically set forth the grounds for the appeal and shall be filed within five (5) calendar days after mailing or personal delivery of a notice of denial or revocation. The City Manager shall hear the applicant/permittee or a designated representative, receive relevant information and documents and act on the appeal within five (5) days of receiving the appeal. The City Manager's decision shall be final. (Ord. 092-1024, 8-12-92)

11.09.11: RENEWAL OF PERMIT:

Upon the expiration of any charitable solicitation permit, said permit shall be renewed within ten (10) calendar days of a written request for renewal if the factual information upon which the original application was granted remains unchanged and no violation of this Article or Code has been committed. The City Clerk may require a new application subject to the provisions of this Article. (Ord. 092-1024, 8-12-92)

11.09.12: CHARITABLE SOLICITATION PROCEDURES:

A. General Requirements:

1. No person shall solicit without a license and identification card issued pursuant to this Article;

2. No person shall solicit within the City after the license issued by the City has expired unless such permit has been renewed;

3. No person shall solicit at any dwelling or commercial establishment where there is a sign indicating "No Solicitations", "Do Not Disturb" or otherwise indicating that the occupants or owners do not wish to be solicited or have their privacy disturbed;

4. No person shall solicit any premises where the owner or occupant thereof has registered with the City Clerk the refusal of such owner to be solicited or receive advertising matter;

5. No person shall touch, come into physical contact with, or affix any object to another person without first receiving express permission therefor from such person;

6. No person shall persistently and importunately solicit any person after such person expresses his or her desire not to be solicited;

7. No person shall intentionally and deliberately obstruct the free movement of any person on any street, sidewalk or other place or in any place generally open to the public;

8. No person shall solicit from a captive audience. "Captive audience" shall be defined as a purposefully stationary person, such a person in line or seated in public areas;

9. No person shall threaten any injury or damage to any person who declines to be solicited;

10. No person shall accept food stamps as a contribution;

11. No person shall alter an identification card issued or approved by the City without the express approval of the City Clerk;

12. No person shall, directly or indirectly, solicit contributions from any person by misrepresentation of his or her name, occupation, physical or mental condition, financial condition, residence or principal place of business, and no permittee person shall make or cause to be made any misstatement of fact or fraudulent misrepresentation in connection with any charitable solicitation in the City or in any application or report filed under this Section;

13. No charitable association or professional fund raiser permitted to solicit for a charitable association shall use a name, symbol or statement so closely related or similar to that used by another charitable association or governmental agency that the use thereof would tend to confuse or mislead the public;

14. No charitable association professional fund raiser permitted to solicit for a charitable association shall use statements or materials indicating such contributions are being raised for any organization which has not given its explicit written consent for the solicitation of such contributions; and

15. No person shall solicit in the City for any purpose other than the purpose(s) specified in the application upon which the license was issued.

B. Books and Records: No person shall solicit any contributions for a charitable purpose without maintaining a system of accounting whereby all receipts and disbursements are entered upon the official books or records of such person's treasurer or other financial officer.

C. Hours of Charitable Solicitations: It shall be unlawful for any person to solicit upon private residential premises after nine o'clock (9:00) P.M. or earlier than eight o'clock (8:00) A.M. for the purpose of charitable solicitation unless such person has been requested or invited to do so by the owner or occupant of said premises. This subsection shall not be interpreted to grant any person permission to enter upon private property.

D. Written Receipts Required: Any person receiving money or anything having a value of five dollars ($5.00) or more from any contributor under a charitable solicitation made pursuant to a permit issued hereunder shall give to the contributor a written receipt, signed by the solicitor, showing plainly the name and permit number of the person under whose permit the charitable solicitation is conducted, the date and the amount received; provided, however, that this requirement shall not apply to any contributions collected by means of a closed box or receptacle used in charitable solicitations with the written approval of the City Clerk where it is impractical to determine the amount of each such contribution. (Ord. 092-1024, 8-12-92)
 

11.09.13: REPORT REQUIRED FROM PERMITTEE:

Every charitable association to which a permit has been issued shall, within ninety (90) days after the expiration of the permit, file with the City Clerk a report and a financial statement setting forth the amount raised by the charitable solicitation and the amount expended in conducting such charitable solicitation, including a report of the wages, fees, commissions and expenses paid to any person in connection with such charitable solicitation, and the disposition of the balance of any funds collected during the charitable solicitation. The permittee may be required by the City Clerk to make available for inspection all financial books, records and other documents whereby the accuracy of the report may be verified. (Ord. 092-1024, 8-12-92)

ARTICLE 10 – Back to top

MOTION PICTURE THEATERS
 

SECTION:

11.10.01: Designation and Duties of Secretary of Police Committee

11.10.02: License Required

11.10.03: Application for Permit to Obtain License

11.10.04: Filing Permit to Obtain License; Fee

11.10.05: Issuance of Permit to Obtain License; Transfer or Assignment of Permit and License

11.10.06: Procurement of License; License Fee

11.10.07: Restrictions Upon Permit and Regulations for Movies and Theaters

11.10.08: Revocation or Suspension of Permit

11.10.09: Revocation or Suspension of License !2R!
 

11.10.01: DESIGNATION AND DUTIES OF SECRETARY OF POLICE COMMITTEE:

The City Clerk shall, ex officio, be the secretary of the Police Committee of the City Council and, as such, shall perform such duties in connection with the receipt of the applications and the issuance of permits provided for by this Article as may be delegated to him by the Police Committee. (1954 Code §12.1)
 

11.10.02: LICENSE REQUIRED:

It shall be unlawful for any person to engage in or conduct the business of operating a motion picture theater in the City unless and until a license to do so has been procured in conformity with the provisions of this Article. (1954 Code §12.2)

 
11.10.03: APPLICATION FOR PERMIT TO OBTAIN LICENSE:

Upon a verified written application of any person, a permit to obtain a license to engage in or conduct the business of operating a motion picture theater in the City may be issued and granted by the Police Committee. Such written application shall be upon a form provided by the Police Committee, shall describe the location and seating capacity of the theater at which the applicant desires to engage in or conduct such motion picture business, shall contain the full name and address of the applicant, shall state the period of time applicant has resided in the City and the period of time the applicant has maintained and carried on any business in the City and shall contain such other information as the Police Committee may require. (1954 Code §12.3)
 

11.10.04: FILING PERMIT TO OBTAIN LICENSE; FEE:

All applications for a permit to obtain a license to engage in or conduct the business of operating a motion picture theater in the City shall be filed with the secretary of the Police Committee and shall be accompanied by a fee of five dollars ($5.00). The secretary of the Police Committee shall issue a receipt for such fee and shall deposit such fee with the City Treasurer. (1954 Code §12.4)
 

11.10.05: ISSUANCE OF PERMIT TO OBTAIN LICENSE; TRANSFER OR ASSIGNMENT OF PERMIT AND LICENSE:

Upon the receipt of any application for a permit to obtain a license as required by this Article, the Police Committee shall consider the character, reputation and moral fitness of the applicant, the location and seating capacity of the proposed theater and such other information as may be required by the Police Committee to be shown on the application. Upon determining that the applicant is of good, moral character and that the location is a suitable and permissible one for a motion picture theater under the zoning restrictions and regulations prevailing in the City, the Police Committee may grant and issue to the applicant a permit to obtain a license to engage in or conduct a motion picture theater business at the location designated in the application; provided, however, that no such permit shall be transferable or assignable without the written consent of the Police Committee, and no license issued in pursuance of such permit shall be transferable or assignable without the consent and approval of the City Council. (1954 Code §12.5)

11.10.06: PROCUREMENT OF LICENSE; LICENSE FEE:

Every person to whom or to which there has been issued and granted a permit by the Police Committee as provided by Section 11.10.05 of this Article shall procure from the City Clerk a license to engage in or conduct the business of operating a motion picture theater at the location designated in the permit and shall pay a monthly license fee of fifty cents ($0.50) per month for every seat in the theater in excess of one hundred (100) seats, which license fee shall be paid monthly, in advance, for each and every calendar month or portion thereof during which the permit thereof is in effect; provided, however, that the license fee shall not exceed three hundred dollars ($300.00) in any calendar year. Such license fee shall be payable to the City Clerk and shall be deposited by him with the City Treasurer. (1954 Code §12.6)

11.10.07: RESTRICTIONS UPON PERMIT AND REGULATIONS FOR MOVIES AND THEATERS:

All permits provided for by this Article and the issuance and granting thereof by the Police Committee shall be subject to the following restrictions and regulations which shall be written into the permit and which the applicant shall accept and agree, in writing, on the face of the permit to observe and enforce:
 

A. Location of Theaters:

Near Residences: No permit shall be issued or granted to any person to engage in or conduct the business of operating a motion picture theater in the City where any portion of the motion picture theater is located within six hundred feet (600') of any residence.

Near Public Schools: No permit shall be issued or granted to any person to engage in or conduct the business of operating a motion picture theater in the City where such motion picture theater is located within one thousand two hundred (1,200) yards of any public school.

B. Parking Areas: No permit shall be issued or granted to any person to engage in or conduct the business of operating a motion picture theater in the City unless the person applying for such a permit controls and maintains for the duration of time during which such business is proposed to be engaged in or conducted, sufficient parking area adjacent to such theater, or not more than three hundred feet (300') therefrom, to accommodate an automobile of a wheel base of one hundred twelve inches (112") for every two (2) seats in the theater and unless no portion of such parking area shall be within two hundred feet (200') of any residence or within four hundred feet (400') of any school.

C. Standing and Seating: No person shall be permitted to stand in any aisle, corridor or foyer of a motion picture theater, and no person shall be admitted to the theater unless a seat is available for him/her.

D. Obstructing Sidewalks:

No signs or advertisements or advertising devices shall be kept, displayed or used on the sidewalks in the immediate vicinity of the theater.

The sidewalks in the vicinity of the theater must, at all times, be kept open and unobstructed, and no lines of persons shall be permitted to form on the sidewalks or the streets adjacent to the theater.

E. Sunday Movies: The business of operating the motion picture theater shall not be engaged in or conducted on Sundays; provided, however, that nothing herein shall be deemed or construed to prohibit the free showing of a motion picture in a theater on Sunday by any religious or philanthropic society.

F. Obscene, Immoral Movies Prohibited: No motion picture shall be shown or exhibited in a motion picture theater which is debasing or corrupting to or tends to debase or corrupt the morals or which is sacrilegious, obscene, indecent or immoral or of a character to offend the racial or religious sensibilities of any element of society or which is not moral, educational, amusing and harmless in character.

G. Spot Lights, Loudspeakers: No klieg lights, spot lights, captive balloons, external loudspeakers or loudspeakers that can be heard outside the theater shall be used in connection with the theater or its operations.

H. Bank Nights, Gifts: No bank nights shall be held or conducted in connection with the operation of the theater nor shall any distribution of merchandise, goods, money or gifts of any kind be conducted, in whole or in part, outside of the theater nor where any of the participants in any such distribution are outside of the theater.

Lotteries: No lottery or lottery device of any kind, character or description shall be permitted in or about the premises of the theater or in connection with its operation. (1954 Code §12.7)

11.10.08: REVOCATION OR SUSPENSION OF PERMIT:

Any permit issued and granted by the Police Committee under the terms of this Article may be suspended or revoked at any time thereafter by the Police Committee if the Police Committee becomes satisfied that the holder of such permit has conducted his business in a disorderly or improper manner or in violation of the restrictions and regulations contained in the permit therefor or in violation of this Article or any other ordinance of the City; provided, however, that no such permit shall be suspended or revoked unless, after notice thereof, a hearing before the Police Committee has been given to the holder of such permit. After such hearing, the Police Committee may suspend for any period of time designated by it or may revoke any such permit upon a finding and determination that the business conducted by the holder thereof has been conducted in an illegal, improper or disorderly manner or in violation of any of the restrictions and regulations, or any of them, contained in the permit or in this Article or any other ordinance of the City. (1954 Code §12.8)

11.10.09: REVOCATION OR SUSPENSION OF LICENSE:

Upon the suspension or revocation of the permit as provided by Section 11.10.08 of this Article, the license to engage in or conduct a motion picture theater shall, thereupon, automatically become suspended or revoked, as the case may be, and thereafter, the license shall not be reinstated, renewed, reissued or regranted until the Police Committee has lifted its suspension of the permit therefor or has reissued or regranted a permit therefore. (1954 Code §12.9)  
 

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