HomeMy WebLinkAbout1484ORDINANCE NO. 1484 (2005 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE SAN LUIS OBISPO MUNICIPAL CODE TO ELIMINATE
INCONSISTENCIES AND OUT OF DATE REFERENCES AND TO MAKE OTHER
MINOR REVISIONS
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November
1, 2005, for the purpose of considering changes proposed to update the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That the following sections of the San Luis Obispo Municipal Code are
hereby amended expressly to add reference to the feminine gender where present references are
to the masculine gender only:
Sections 1.04.080; 1.08.100; 1.16.010.C; 1.16.020; 1.16.030; 1.16.040; 1.16.050; 2.24.040;
2.24.060.A.6.c; 2.24.060.A.6.e;; 2.24.060.B; 2.24.100.A; 2.36.340.C; 2.44.040.C.1; 2.48.070.B;
3.04.020.C; 3.04.060; 3.04.070; 3.03.090; 3.04.100; 3.04.110; 3.04.120.D; 3.12.060.B; 3.16.120;
3.16.160; 3.16.170; 3.16.180; 3.16.200.B; 3.16.200.D; 3.16.210.B; 3.24.030; 3.24.160; 3.36.010;
5.20.050; 5.20.080; 5.20.110; 5.20.190.B; 5.20.200.A; 5.20.200.D; 5.20.200.G; 5.20.210.D;
5.20.210.E.2; 5.20.230; 5.20.230.C; 5.20.250; 5.20.300; 5.20.310; 5.24.050.A; 5.24.050.C;
5.32.100.A; 5.44.070.F; 5.44.090.A.2; 5.44.090.A.3; 5.44.100.B; 5.48.030.G; 5.48.040.E;
5.48.070.A; 5.56.110; 5.56.210; 5.56.220; 6.08.020; 6.08.030; 6.08.040; 6.12.040; 6.12.100;
6.12.120; 6.12.120.A; 6.12.120.D; 6.12.140; 6.16.030; 6.16.100.G; 6.16.130; 6.20.020; 6.20.040;
6.20.050.A; 6.20.060.B; 6.24.010.B; 8.04.120.D; 8.04.170; 8.04.210.A; 8.04.210.C; 8.04.210.D;
8.04.210.E; 8.04.210.F; 8.08.030; 8.08.040; 8.08.050; 8.08.080; 8.12.030; 8.12.040; 8.12.050.A.
8.12.050.B. 8.12.060; 8.12.070.B; 8.12.080; 8.16.060; 8.16.060.D; 8.20.020; 8.24.060.B;
8.24.070; 8.24.110; 8.24.120; 8.24.160; 9.12.100.A.2; 9.12.100.A.6; 9.16.020; 9.20.030.A;
10.08.010; 10.08.020; 10.12.070.B; 10.12.080.C; 10.14.010.C; 10.14.040.B; 10.14.040.C;
10.14.070; 10.16.040.B; 10.24.010; 10.36.010.C; 10.36.090; 10.60.040; 10.68.050; 10.68.060;
10.68.070; 10.68.090.D; 10.68.090.E; 10.80.050.D; 11.04.010.M.5; 12.04.130; 12.04.132.F.9;
12.12.020.E; 12.12.020.F; 12.16.010.A.4; 12.16.030.B.3; 12.16.030.B.6; 12.16.030.B.7;
12.20.020.B; 12.20.040.C; 12.20.040.E.4; 12.20.050.C.2; 12.20.050.C.3; 12.22.050.F.1;
12.24.040.A; 12.24.100.B; 12.40.050.A; 13.04.170.A.2.a; 13.04.170.A.2.d; 13.04.180.F;
13.04.190.A; 13.04.190.B; 13.04.260.C; 13.04.300; 12.07.040; 13.08.120.H; 13.08.160;
13.08.180; 13.08.210.A; 13.08.220.B; 13.12.140.A; 13.12.170.B; 15.04.020.P, section114.8.1;
15.04.050.G, section A115.2.1; 15.08.020.G, section 902.2.4.3; 15.12.020.N; 15.32.250.A;
16.04.070; 16.08.040; 16.16.150; 16.16.210.D; 16.36.250.F; 16.44.120.D; 17.08.010.C.2.a;
17.21.020.B; 17.62.060.A; 17.62.060.C; 17.74.230.D; 17.76.020.H; 17.76.060; 17.82.020.A;
17.82.080.C; 17.84.030.W; 17.90.020.C; 17.90.040.A; 17.91.020.J; 17.91.060.A; 17.94.200.B;
17.94.200.C; 17.94.200.D; 17.94.210.B; 17.100.040.D; and
Ordinance No. 1484 (2005 Series)
Page 2
that said amendments are to be included in the next scheduled reprinting of the San Luis Obispo
Municipal Code following the effective date of this Ordinance and that any subsequently
discovered gender inconsistencies shall be deemed clerical errors subject to correction without
the need for further amendment to any Ordinance containing such an error pursuant to San Luis
Obispo Charter, Section 602.
SECTION 2. That section 1.12.050 (Nature of violations) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
"Any person who violates or fails to comply with any provision or requirement of this
code, any ordinance adopted by the city, or any code adopted by reference by this code, shall be
guilty of a misdemeanor, unless such provision is specifically designated as constituting an
infraction as provided in Sections 16, 17, and 19.8 of the Penal Code of the state, Section 36900
of the Government Code of the state, or Section 40000.1 of the Vehicle Code of the state, and as
expressly specified in Section 1. 12.060 of this chapter.
Any provision or requirement of this code designated as an infraction shall be
prosecutable as a misdemeanor upon a third violation and each violation thereafter of the same
provision by the same individual. In addition, any such provision or requirement may be
prosecuted originally as a misdemeanor in the discretion of the city attorney upon a showing by
the enforcing agency of the seriousness of the particular alleged violation."
SECTION 3. That subsection B of section 1.12.060 (Designation of infractions) and
[section 9.12.110 (Enforcement)] of the San Luis Obispo Municipal Code are hereby amended to
read as follows:
"B. In addition, a violation of any of the following provisions shall constitute an
infraction, and not a misdemeanor:
Chapters 3.04 and 3.08 — Tax Procedure;
Chapters 10.04 to 10.76 and 10.84 — Traffic Regulations;
Title 6 — Animal Regulations;
Chapter 12.24 — Tree Regulations;
Chapter 3.01 — Business Tax;
Chapter 3.12 — Uniform Sales and Use Tax;
Chapters 12.04 to 12.16 — Street Excavations;
Chapter 13.04 — Public Utilities and Rates;
Chapter 12.20 — Park Regulations;
Chapter 12.22 — Open Space Regulations."
And, furthermore, Section 9.12.110 (Enforcement) of the San Luis Obispo Municipal
Code is amended to read as follows:
Ordinance No. 1484 (2005 Series)
Page 3
A. Prima Facie Violation. Any noise exceeding the noise level limits for a designated
noise zone as provided in Table 1 of Section 9.12.060 and Table 1 of Section 9.12.070 of this
chapter or the prohibited actions as provided in Section 9.12.050 of this chapter, shall be deemed
to be prima facie evidence of a violation of the provisions of this chapter.
B. Violations Misdemeanors. Any person violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor. Each hour such violation is committed or
permitted to continue shall constitute a separate offense and shall be punishable as such.
C. Abatement Orders.
1. In lieu of issuing a notice of violation as provided for in subsection B of this
chapter, the noise control office(r) or police department responsible for enforcement of any
provision of this chapter may issue an order requiring abatement of a sound source alleged to be
in violation, within a reasonable time period and according to guidelines which the noise control
office(r) may prescribe.
2. No complaint or further action shall be taken in the event that the cause of the
violation has been removed, the condition abated or fully corrected within the time period
specified in the written notice."
SECTION 4. That subsection A of section 5.20.210 (Taxicabs - Driver's permit
required — Application) of the San Luis Obispo Municipal code is hereby amended to read as
follows:
"A. No person shall drive or operate any of the vehicles mentioned in Section
5.20.010 without first obtaining a permit in writing to do so from the chief of police, or any
person designated by the chief. Permit issued will entitle the driver to work for only those
employers whose name appears on the permit. A new permit will be required for each subsequent
employment; provided, however, that no application shall be necessary other than a ratification
of change of employment and proof of a negative test as specified in subsection (C)(4) below."
SECTION 5. That subsection A of section 5.20.270 (Taxicabs – Liability insurance) of
the San Luis Obispo Municipal code is hereby amended to read as follows:
5.20.270 Liability insurance.
A. The motor vehicle liability policy required by this section shall insure the owner
and any other person using or responsible for the use of any such vehicle, with the consent,
express or implied, of the owner against loss from the liability imposed upon such owner by law
for injury to, or death of, any person, or damage to property, growing out of the maintenance,
operation or ownership of any public motor vehicle to the amount or limit of five hundred
thousand dollars, exclusive of interest and costs on account of injury to, or death of any one
Ordinance No. 1484 (2005 Series)
Page 4
person; of one million dollars, exclusive of interest and costs, on account of any one accident
resulting in damage to property of, an injury to, or death of, more than one person.
SECTION 6. That Chapter 9.16 (Weapons) of the San Luis Obispo Municipal code is
hereby amended to read as follows:
9.16.010 Dangerous and deadly weapons— Defined.
9.16.020 Dangerous and deadly weapons— Discharge or carrying prohibited.
9.16.030 Dangerous and deadly weapons —Use in violation of Section 9.16.020
declared a nuisance — Disposition of weapon.
9.16.010 Dangerous and deadly weapons— Defined.
A. The term "dangerous and deadly weapon" as used in this chapter includes, but is
not limited to, any revolver, pistol, shotgun, rifle or firearm which may be used for the explosion
of cartridges, and any air gun, `B -B" gun, gas operated gun, spring gun, slingshot, hunting bow
and arrow, blow gun, and any weapon or device capable of catapulting, dispelling or discharging
any projectile, missile or object of any type.
B. The term "dangerous and deadly weapon" as used in this chapter shall also
include, but not be limited to:
1. Any knife having a blade of three inches or more in length.
2. Any ice pick or similar sharp stabbing tool;
3. Any straight edge razor or any razor blade fitted to a handle;
4. Any cutting, stabbing or bludgeoning weapon or device capable of inflicting
grievous bodily harm, other than a knife as permitted herein;
5. Any dirk, dagger or bludgeon.
9.16.020 Dangerous and deadly weapons— Discharge or carrying prohibited.
A. It is unlawful for any person to fire, discharge or cause to be emitted any
projectile, missile or object from any dangerous or deadly weapon in the city, unless the person
has first obtained permission in writing from the chief of police, and then only in compliance
with all the conditions contained in the permit. This section does not apply to any peace officer or
member of the Armed Forces of the United States in the discharge of his duty or to the discharge
of a dangerous or deadly weapon at any rifle, pistol, sports or testing range approved by the chief
of police.
B. Except as expressly permitted by state or federal law, it is unlawful to for any
person to carry upon his person or to have in his possession or under his control in any public
place within the City any dangerous weapon specified in section 9.16.010 B; provided, that it
shall be a defense to any prosecution for a violation of this section if, at the time of the alleged
Ordinance No. 1484 (2005 Series)
Page 5
violation, the instrument or device alleged to be a dangerous weapon was in good faith carried
upon the person of the accused or was in good faith in his possession or control for use in his
lawful occupation or employment or for the purpose of lawful recreation; and provided further,
that the prohibitions of this section shall not apply to the commission of any act which is made a
public offense by any law of this state, including but not limited to Penal Code sections 653k ,
12020 and 12025.
9.16.030 Dangerous and deadly weapons —Use in violation of Section 9.16.020 declared a
nuisance — Disposition of weapon.
Any dangerous or deadly weapon used in violation of Section 9.16.020 is declared to be a
nuisance and the same shall be taken from the person violating said section, and surrendered to
the chief of police, and shall be destroyed or otherwise disposed of, as provided by the provisions
of Section 12028 of the Penal Code of the state.
SECTION 7. That section 9.22.020 (Safety enhancement zone penalties and violations)
of the San Luis Obispo Municipal Code is hereby amended as follows:
A. Any violation of designated sections of the San Luis Obispo Municipal Code that
is committed within an area that has been designated by the city council as a safety enhancement
zone, and during the time that designation is effective, shall be subject to the following:
A fine not exceeding three hundred fifty dollars for a first violation;
2. A fine not exceeding seven hundred dollars for a second violation of the same section
within one year;
3. A fine not exceeding one thousand dollars for each additional violation of the same
section within one year.
SECTION 8. That section 10.04.070 (Holidays) of the San Luis Obispo Municipal Code
is hereby amended as follows:
10.04.070 Holidays.
Within the meaning of this title, "holidays" are the first day of January (New Year's Day),
the third Monday in January (Martin Luther King, Jr. Day), the third Monday in February
(President's Day), the last Monday in May (Memorial Day), the fourth day of July (Independence
Day), the first Monday of September (Labor Day), the eleventh day of November (Veteran's
Day), the fourth Thursday in November (Thanksgiving Day), the Friday after Thanksgiving Day,
the twenty -fourth day of December (Christmas Eve), and the twenty -fifth day of December
(Christmas Day). If any of the aforementioned days falls on a Saturday, the preceding Friday
shall be observed; if on a Sunday, the Monday following is a holiday. The city administrative
Ordinance No. 1484 (2005 Series)
Page 6
officer is also authorized to declare a (meter /parking) holiday under special circumstances or for
special events.
SECTION 9. That section 10.36.060 (Parking for demonstration prohibited) of the San
Luis Obispo Municipal Code is hereby repealed in its entirety.
SECTION 10. That subsection B of section 12.04.020 (Encroachments restricted) of the
San Luis Obispo Municipal Code is hereby amended to read as follows:
"B. For purposes of this chapter, encroachments shall not include activities regulated as
parades or special events pursuant to Chapter 5.80."
SECTION 11. That section 13.04.300 (Violations deemed misdemeanor), of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
"Other than authorized Water Distribution staff, any person who operates or attempts to
open or close any water system valve shall be guilty of a misdemeanor, and shall also be held
liable for any damage that may result."
SECTION 12. That subsection Z of section 15.04.020 (Amendments— California
Building Code), Appendix Section 3309.11, of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
"All grading shall be in accordance with the Waterway Management Plan for San Luis
Obispo Creek documents dated October 2003, adopted by Resolution No. 9494 (2003 Series)
and such amendments thereto as may be adopted by resolution of the Council from time to time.
Current copies of said Plan shall be maintained on file in the offices of the City Clerk, City
Engineer and Community Development Department as public records."
SECTION 13. That section 15.40.1000 (Definitions) of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
"Storefront" is a distinct architectural feature that is immediately accessible from a public
sidewalk and consisting of window displays and entry doors to one or more uses.
"Street right of way" as used in this chapter is any road or other public place, including
but not limited to a highway, alley, street, avenue, place, sidewalk, parkway (i.e., planted or
landscaped area between a curb and the edge of a sidewalk), path, walk, park, plaza, boulevard,
right of way or any other public place in the city whether or not currently improved.
"Temporary sign" is a sign that is temporary in nature and that is displayed for no more
than forty -five days in a row, or no more than ninety days within any three- hundred - sixty -five-
day period.
Ordinance No. 1484 (2005 Series)
Page 7
SECTION 14. That section 17.16.015 (Recreational vehicle as dwelling unit) of the San
Luis Obispo Municipal is hereby amended to read as follows:
"No recreational vehicle, camper shell, automobile or similar device shall be used for
living or sleeping quarters except in a lawfully operated mobile home park, travel trailer park, or
campground, except as provided in Section 17.08.010(C)(4) et seq."
SECTION 15. That the City Clerk shall attest to the adoption of this ordinance and shall
publish the same in the time and manner provided by law.
INTRODUCED on thelst day of November 2005, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 15`h day of November 2005, on the following roll
call vote:
AYES
NOES:
ABSENT
ATTEST:
Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
None
None
a'�4 4"�4�11
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
Jo P. Lowell
City Attorney
Mayor David F. Romero
I hereby certify that this document is a true
and accurate copy of Ordinance No. I Nom_
and that the ordinance was publishe
to Charter Section 02. published Pursuant
Dat -~ City Clerk ��
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