October 24, 2023
Agenda Item No. SS2
MEMORANDUM
TO: MAYOR BLOM AND MEMBERS OF THE CITY COUNCIL
FROM: GRACE LEUNG, CITY MANAGER
DATE: OCTOBER 17, 2023
RE: Newport Beach Municipal Code and Council Policy Manual Update On September 13, 2022, the City Council approved Resolution No. 2022-58, creating the Ad Hoc Municipal Code and Council Policy Review Committee (Ad Hoc Committee), and appointing Mayor Blom, Mayor Pro Tern O'Neill, and former Mayor Muldoon to serve as its members. The Ad Hoc Committee was tasked with reviewing the Newport Beach Municipal Code (NBMC) and Council Policies to provide recommendations concerning (1) deleting or reducing language, and (2) the advisability of applying sunset provisions for new and existing code provisions, by June 30, 2023.
On April 11, 2023, the City Council approved Resolution No. 2023-18, extending the expiration date of the Ad Hoc Committee to June 30, 2024, and appointing Council Member Kleiman to fill the vacancy created on the committee when former Mayor Muldoon's City Council term expired.
After gathering information from some of the City's boards and commissions, conferring with staff, and holding multiple meetings, the Ad Hoc Committee is now ready to present its recommendations to the entire City Council and will do so at the October 24, 2023, study session. The proposed modifications are being publicly posted now, at the Ad Hoc Committee's request, to allow extra time for the City Council and members of the public to review the proposed changes in advance of the study session.
It is important to note that the proposed redline changes to the NBMC only set forth the portions of the NBMC proposed to be changed (i.e., in most instances, only the subpart proposed to be changed is presented in redline and not the entire section or chapter).
Additionally, based on the proposed changes to Chapter 5.17 (Taxicabs) of the NBMC, there was a need to adopt regulations for those taxicab businesses that are substantially located in Newport Beach. The proposed regulations are set forth in Attachment B. Currently, no taxicab business is substantially located in Newport Beach; however, regulations are necessary because cities are now responsible for permitting these businesses.
Similarly, upon reviewing Council Policy L-21 (Sidewalk Cafe Standards and Procedures) in conjunction with the proposed changes to Section 13.18.010 of the NBMC, City staff determined
Newport Beach Municipal Code and Council Policy Manual Update October 17, 2023
that Council Policy L-21 should be updated to eliminate duplicative provisions. The proposed revisions to Council Policy L-21 are attached hereto as Attachment C.
The Ad Hoc Committee also requested recommendations regarding Council Policy changes from the Board of Library Trustees, the City Arts Commission, the Harbor Commission, the Parks, Beaches and Recreation Commission, and the Planning Commission. Of these commissions, the Parks, Beaches, and Recreation Commission submitted a recommendation to revise several Council Policies. The proposed changes are set forth in the staff report package reviewed by the Parks, Beaches, and Recreation Commission, which is attached hereto as Attachment D.
Staff anticipates bringing the NBMC and Council Policy changes for the Council's further review and approval at its November 14, 2023 meeting.
Attachments:
A — Redlined Newport Beach Municipal Code
B — Proposed Supplemental Taxicabs Regulations
C — Redlined Council Policy L-21
D — PB&R Commission Staff Report on NBMC and Council Policy Recommendations SS2-2
ATTACHMENT A
Title 1
GENERAL PROVISIONS
Chapters:
1.01 Adoption of Code
1.04 Code Enforcement
1.05 Administrative Code Enforcement Program
1.06 Claims and Demands Against the City
1.07 Insurance and Indemnification Requirementsof the City f9F TwiFd o.,ny Challenges
1.08 Rules of Construction
1.10 Judicial Review of City Decisions
1.12 Citations and Warrants
1.16 Official Seal, Flag and Colors
1.20 Unclaimed Property
1.25 Municipal Election Campaign Contribution and Expenditure Control
1.26 Electronic Filing of Campaign Disclosure Statements
1.28 Lobbyist Registration and Reporting
1.30 Reserved
1.32 Council Term Limits
1.35 Eminent Domain
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Chapter 1.01
ADOPTION OF CODE
1.01.020 Codification Authority.
This Code consists of all regulatory, penal and certain administrative ordinances of the City of NewpeFt Beach, codified pursuant to the authority of Seetien 415 ^f the City Charter Section 415 ^f the City eT Pjew^^rt Beach and Cal. Gov. Code Sections 50022.1 through 50022.10 ^f the Calif^rn; G-^„^.rp.m.
Cie.
1.01.030 Filing of Copies.
A copy of this Code shall be maintained in the Office of the City Clerk. ",.,.^,.d. nee vith the pFevisi^^s ^f Seetiens —f the -EaI*fArn*a-QoveFRMeRt Cede, ^^* lass than three One copy+es of each primary code and secondary code, as defined in Cal. Gov. Code Section 50022.1, which is adopted by reference, shall be filed in the Office of the Citv Clerk in accordance with Cal. Gov. Code Section 50022.6. ^fide
1.01.040 Amendments - Notations.
Upon the adoption of any amendment or addition to this Code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the bound volumes of thise Code of the taking of such action, noting thereon the number of the ordinances pursuant to which such action is taken.
Duly certified copies of every ordinance making changes +r-,e4to thise Code shall be filed in the Oeffice of the City Clerk in books for such purpose, duly indexed for ready reference.
Every section of thise Code so changed shall have printed thereon a notation of the ordinance number pursuant to which such change is adopted.
bee.n Made, te be reprinted, including the net.atie—n @S tn- the n—rd—R-ARee R-Wrn—hp-r pursuant te y.ghir--h Such change as adepted, in err-ler that -;;t least twice yearly the leese leaf cepies ef such Cede prepared fer the ;;Ad PAAWPAiPAPP Af thP Affieers ;;Rd employees of the City and the geneFal publie, may be bmught UP At le-ast tv.oiee yeaFly, the City Clerk shall Gza'-'Se the loose leaf pages of the GA-p-le in i.qh;c--.h chaRges have e date
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Chapter 1.04
CODE ENFORCEMENT
Sections:
1.04.010
Violations, Penalties and Enforcement.
1.04.020
Public Nuisances.
nd.... iRig+,.athop n,.,..,WAng
1.04.040
1.04.050
V*AlatiAn ni
Parking Violation —Infraction.
1.04.060
Safety Enhancement Zone.
1.04.010 Violations, Penalties and Enforcement.
The provisions of this section represent the means and methods by which the City of Newport Beach intends to secure compliance with the provisions of this Code. The City may use any or all of the enforcement options in securing compliance with the provisions of this Code and multiple enforcement options may be used to achieve compliance with respect to persons who commit continuing violations. A separate offense shall be deemed to have been committed whenever: (a) a person repeats the act that constitutes the violation; or (b) any condition or circumstance that constitutes a violation is allowed to exist for more than twenty-four (24) hours.
A. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or non safety employees designated in Section
1.12.020. Except where a specific fine for an infraction is provided for in this Code, or as provided in subsectionExeept a id'^^' 4A subseet4en _(B)^f this <ectie- , any person convicted of an infraction under the provisions of this Code shall be punishable either by fines as +s-specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Superior Courts, or where no fine is specified therein by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year from the date of the prior violation; and
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year from the date of the prior violation.
B. Safety Enhancement Zone. For any violation of thise Nelai^^r+ Qeaeh M nieipa Code that is committed within an area that has been designated by the City Council as a Safety Enhancement Zone pursuant to Section 1.04.060, and during the time that designation is effective, the fine shall be treble the amount otherwise prescribed or where the violation is considered an infraction and no fine is specified bythe fine shall be as follows:
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1. A fine not exceeding three hundred dollars ($300.00) for a first violation;
2. A fine not exceeding six hundred dollars ($600.00) for a second violation of the same ordinance within one year from the date of the prior violation;
3. A fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one year from the date of the prior violation.
C. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by non_safety employees designated by Section
1.12.020. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
D. Civil Action. The City Attorney, by and at the Fequest of the City y Ceuni4, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law. In any civil action, in addition to all other remedies, costs, fines and fees, the court may impose civil penalties payable to the City in an amount not to exceed one thousand dollars ($1,000.00) per violation for each day the violation is found to exist against any person who commits, continues, operates, allows or maintains any violation of any provision of this Code. In determining the amount of the civil penalties to be assessed on a daily rate for each violation, the court may consider some or all of the following factors:
1. The duration of the violation;
2. The frequency of recurrence of the violation;
3. The seriousness of the violation;
4. The history of the violation;
5. The person's conduct after issuance of any notice;
7. The economic impact of the penalty;
8. The impact of the violation upon the community; and
9. Any other factors that justice may require.
E. Administrative Code Enforcement Program. Upon a finding by the City official vested with the authority to enforce the various provisions of this Code that a violation exists, he er s"ethe City official may take any action authorized under the provisions of Chapter 1.05. 104 040 Vanlatin . of Admanktratiyp Prmokennc
deeffled @ failure te perfe—r.m. the duti.es under-, er te ebserve the rules and regulatiens A-f the department; SS2-6
1.04.050 Parking Violation —Infraction.
Any person violating any provision of Sections 12.12.010 er 12.12.040, Chapter 12.40, Chapter 12.44, except Sections 12.44.130 and 12.44.140, or Chapter 12.48 of this Code shall be guilty of an infraction.
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1.04.060 Safety Enhancement Zone.
A. Designation Process. The City Council may by ordinance, or by resolution upon a finding that there is a need to take immediate action to protect the public health, safety and welfare, designate a specific geographical area as a "Safety Enhancement Zone" and specify the date and/or time that the designation is effective upon a finding that the geographical area is subject to unique conditions and circumstances during a specific period of time that create the potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of provisions of this= rd=vd-Fe Code and increased responsibilities on the part of residents and occupants in the area.
The ordinance or resolution establishing a Safety Enhancement Zone shall contain the following provisions:
(a) a description of the geographical area comprising the Safety Enhancement Zone; (b) the date and time during which the Safety Enhancement Zone designation is applicable to the geographical area; (c) the factual basis for the designation; (d) the manner in which general notice of the Safety Enhancement Zone and the penalties for violations shall be given; and (e) the manner in which specific notice of additional duties, responsibilities and/or restrictions shall be given to owners or occupants of property affected by the Safety Enhancement Zone designation.
B. West Newport Safety Enhancement Zone. The City Council designates as a Safety Enhancement Zone the area bounded by the Pacific Ocean on the south, 32nd Street and Newport Boulevard on the east, Pacific Coast Highway on the north and 54th Street on the west. This designation is effective from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th during each year that the designation is in effect. The factual basis for this designation is found in Section 1 ofthi-s Ordinance 2003-5. Notice of the Safety Enhancement Zone designation shall be posted on or before 6:00 p.m. on July 3rd at no less than threes locations along Pacific Coast Highway, four locations along Newport Boulevard/32nd Street, four 14LIocations along Oceanfront Walk/Seashore Drive and two (2) locations along 54th Street. In addition, letters advising of the Safety Enhancement Zone designation and the fines, penalties and provisions affected by the designation shall be sent, on or before June 15th to each address and each owner of property (ownership determined on the basis of the most recent property tax information available to the City) within the Safety Enhancement Zone.
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Chapter 1.05
ADMINISTRATIVE CODE ENFORCEMENT PROGRAM
1.05.005 Legislative Findings and Statement of Purpose.
A. The City Council finds that the enforcement of thise Newport BeaGh MuniGipal Code -(the "Code" throughout the City is an important public service and is vital to the protection of the public's health, safety and quality of life.
C. The procedures established in this chapter are in addition to criminal, civil or other legal remedies that may be available to the City to enforce violations of thise Code or applicable State lawsCedes.
E. The City Council finds that the adoption and implementation of this administrative code enforcement program is within the power and authority of the City of "'ewpert Beach as a charter city and will achieve the following goals:
1. To promote and protect the public health, safety and welfare of the citizens of the City -of Newp Ft Q,,@C4;
2. To help ensure compliance with thise Code and State IaWSCAde5, ordinances and regulations in a timely and efficient manner;
3. To provide for an administrative process to appeal the imposition of administrative citations, fines, penalties and costs that will fully comport with due process and provide those alleged to be in violation of thise Code with the right to a fair hearing without the need for legal counsel;
4. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of thise Code, ordinances, agreements or terms and conditions on entitlements in the City of Newport Roach. and
5. To reduce the burden on the judicial system and minimize the time and expense of defending the alleged violation on the part of the responsible person.
1.05.020 Authority and Administrative Citation Fines.
A. Any responsible person violating any provision of this Code may be issued an administrative citation by an Enforcement Officer as provided in this chapter. A violation of this Code includes, but is not limited to, all violations of thise Newport Beaeh MURi ip Code, any codes adopted by the City Council (i.e., Building Code, Fire Code, etc.), and the failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved pursuant to this Code or State law.
F. In the case of administrative citations issued for violations of Chapter 5.28 f{Live Entertainment Establishmentsl}; Chapter 5.32 f{Cafe DancesJ4; Chapter 5.95 ffShort Term Lodging Permitf}; Section
6.04.100 (Prohibited Material); Section 6.04.110 (Accumulation Limitation); Section 10.50.020(H) ffviolation of terms or conditions of a use permit issued by the CityJ4; Section 12.63.030 (Franchise to Operate Required); Section 12.63.120 (Recycling Requirement); Section 12.63.130 (City Inspection Authority); Section 14.36.030 resulting in bay or beach closure fflllicit Connections and Prohibited DischargesJ4; Cal.ifernia Fire Code Section 107.5 (as adopted by Section 9.04.010); Cal.ifernia Fire Code Section 107.5.1 (as adopted by Section 9.04.010); Section 17.45.030 [Waste and Refuse]; or Chapter 17.10 SS2-9
jfMarine Activities PermitJ4, administrative fines shall be assessed in the following amounts when authorized by the City Manager ^.r hiS ^r her designee:
1. A fine not exceeding one thousand dollars ($1,000.00) for a first violation;
2. A fine not exceeding two thousand dollars ($2,000.00) for a second violation of the same ordinance or permit within one year from the date of the prior violation; and
3. A fine not exceeding three thousand dollars ($3,000.00) for a third violation, or any subsequent violation, within one year from the date of the prior violations.
1.05.050 Administrative Costs Recovery.
G. Any responsible person aggrieved by the Hearing Officer's decision under this section may obtain judicial review of that decision by filing a petition for review with the Orange County Superior Court in accordance with Cal. Code Civ. Proc. Section 1094.5the +;m .,roes and n ^+ f^.-+H ip Calif^mia
1.05.060 Appeal of Administrative Citation.
A. Any recipient of an administrative citation may contest that there was a violation of thise Code or that he or she is the responsible person by completing a request for hearing form and returning it to the City's Finance Department within twenty-one (21) calendar days from the date of service of the administrative citation, together with an advance deposit of the fine or a notice that a request for an advance deposit hardship waiver pursuant to subsection (B) of this section has been filed. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.
B. Any responsible person who requests a hearing to contest that there was a violation of thise Code or that he or she is the responsible person for the violation and who is financially unable to make the advance deposit of the fine as required may file a request for an advance deposit hardship waiver within fifteen (15) calendar days from the date of service of the citation. The failure of any person to timely file a written request for an advance deposit hardship waiver with the City's Finance Director, er hiS OF her deSig^^^ shall be deemed a failure to exhaust the person's administrative remedies with regard to the advance deposit hardship waiver.
1. The request for an advance deposit hardship waiver shall be in writing and describe with particularity the responsible person's actual financial inability demonstrating why all or a part of the fine cannot be paid. Further, the written request for an advance deposit hardship waiver must be accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the City's Finance Director, eF hiS ^r heF desig^^^, the responsible person's actual financial inability that necessitates an advance deposit hardship waiver. The City's Finance Director, eF his ^F heF designee,.is entitled to request additional documentation and information from the responsible person in erdeF to fully assess the waiver request. The failure of any responsible person to timely submit all requested additional documentation and information to the City's Finance Director, er his er heF designee, as requested SS2-10
shall be deemed a failure to exhaust the responsible person's administrative remedies with regard to the advance deposit hardship waiver.
2. Once a complete written request for an advance deposit hardship waiver is filed with the City's Finance Director, ^.r his ^r "^" designee, the requirement of depositing the full amount of the fine shall be stayed until the City's Finance Director, er his ^F her desig^^^, determines whether to grant, grant in part, or deny the request. The written determination of the City's Finance Director, ^.r "iS ear hear designee shall be served on the person requesting the advance deposit hardship waiver as provided for in this Code. The written determination of the City's Finance Director, e-r "iS ^.r hear designee, shall be final.
3. If the City's Finance Director, ear his eF her deSig^^^ grants the advance deposit hardship waiver, the responsible person shall not be required to deposit the fine in advance of the hearing.
4. If the City's Finance Director, or his ^~ her desigRee, grants in part the advance deposit hardship waiver, the responsible person shall remit that amount of the fine as a deposit that the City's Finance Director, ear his ear her deSig^^^, determines the responsible person has the ability to pay within ten (10) ealendaF of that decision or twenty-one (21) ealendaF from service of the administrative citation, whichever is later.
5. If the City's Finance Director, ^.r his ^.r he.r designee denies the request for an advance deposit hardship waiver, the responsible person shall remit the full amount of the fine as a deposit to the City within ten (10) calepelar days of that decision or twenty-one (21) calendar days from service of the administrative citation, whichever is later.
6. The granting, or granting in part, of any request for an advance deposit hardship waiver shall not excuse or discharge any continuation or repeated occurrence of any violation of this Code, nor shall it bar further enforcement action by the City.
7. The granting, or granting in part, of any request for an advance deposit hardship waiver shall not excuse the responsible person from paying the full amount of the fine if the administrative citation is upheld by the hearing officer following an administrative hearing.
1.05.065 Administrative Penalties.
K. Within forty-five (45) days of the completion of the administrative hearing on an administrative penalties notice and order, the Hearing Officer shall issue an administrative penalties enforcement order.
The administrative penalties enforcement order shall become final as to the City and take effect on the date it is signed by the Hearing Officer. The administrative penalties enforcement order shall be subiect to dicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
O. Any responsible person aggrieved by an administrative penalties enforcement order may obtain judicial review of that order by filing a petition for review with the Orange County Superior Court in accordance with the timelines and provisions set forth in Galife-Fria Gedle ^f G_ivil °r^^^p'ur^Cal. Code. Civ.
Proc. Section 1094.6.
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1.05.110 Right to Judicial Review of Hearing Officer's Decision on Administrative Citation.
Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Orange County Superior Court in accordance with the timelines and provisions as set forth in Galiferpia GAve-PpMeRt Gerd Cal. Gov.
Code Section 53069.4.
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Chapter 1.06
CLAIMS AND DEMANDS AGAINST THE CITY
Sections:
1.06.010
Purpose and Intent.
1.06.020
Claims Against City.
1.06.030
1-06,040
Application; Effective Date.
c.,.,,,..ability.
1.06.010 Purpose and Intent.
The Government Claims Act (Cal. Gov.emmenc Code Section 810 et seq.) provides that no suit for money or damages may be brought against the City unless a claim has been timely presented to the City. The general claim procedures are governed by the provisions of Cal. Gov. Code, Title 1, Division 3.6, Part jChaptei: 1A-f Pa.rt 3A-f Dilien 3.6 of ve e.pt Cede -ef the State, commencing with Section 900 wig, which also provide that local ordinances shall govern those claims which are excluded by the Act and which are not expressly governed by another State statute.
The time periods and procedures for presenting a claim set forth in this chapter are intended to apply to all claims excluded by the Act or, not expressly governed by statute, including claims which currently exist, whether or not they have been presented to the City. This chapter is not intended to extinguish existing claims without providing a reasonable period for the presentation of those claims.
1.06.020 Claims Against City.
A. All claims and demands against the City for damages or money, which are not governed by any other statute or regulation expressly related thereto, including those claims exempted by Cal. GOV_cmrnent Code Section 905, shall be presented within the time and in the manner prescribed by Cal. Gov. Code, Title 1, Division 3.6, Part 3_ of Divas;^., -3.6 of Title' (Section 900 et seq.) of the G-,,.,o,-.,me t Cede B. All claims or demands against the City shall be made in writing and filed with the City Clerk. All claims shall be signed by the claimant or by hor, Ar ht-Claimant's Gguardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless signed by the representative claimant along with sufficient information to ascertain the class itself.every member of that class" C. In accordance with Cal. Gov.ernrnenR Code Sections 935 (b) and 945.4, all claims shall be presented as provided in this section prior to the filing of suit on such claims.
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1.06.030 Application; Effective Date.
As of the effective date of the ordinance codified in this chapter, the provisions of this chapter shall be applicable to any claim described in this chapter which is not otherwise time -barred. If the application of the time periods established by this chapter would extinguish an existing claim which is not otherwise time -barred, then the date by which that claim must be presented to the City shall be the sooner of:
A. The date any applicable claims period would have expired; or B. Sixes months after the effective date of the ordinance codified in this chapter for claims described in the first sentence of Cal. Gov.Gevernment Code Section 911.2 or one year after the effective date of the ordinance codified in this chapter for claims described in the second sentence of that section. Nothing in this chapter shall be construed to extend the time for the presentation of any claim which time was established by statute, ordinance, or other law in effect, prior to the adoption of the ordinance codified in this chapter.
this The City
Geuncil
that it have the A-Faimpapece this
chapter,
dlecla.res passed ce-dified ehapteF and
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Chapter 1.07
INSURANCE AND INDEMNIFICATION REQUIREMENTSOF TWE GATY FOR THIRn PARTY CHAP i Fnicrc Sections:
1.07.010 Purpose and Findings.
1.07.020 Definitions.
1.07.025 Insurance.
1.07.030 Indemnification Required.
1.07.040 Conditions.
1.07.050 Indemnification —Payment on Demand.
1.07.010 Purpose and Findings.
A. The City Council finds that the issuance of licenses, permits and other approvals pursuant to the provisions of this Code creates a risk to the City +".,+ `` a`-s^"`-a+^,- vVithas a result of issuing those licenses, permits and approvals, which are primarily for the benefit of the applicant, licensee or permittee. This is especially true for projects for which discretionary City approvals are necessary and for which-prejeet pFepenentsmake —@pp;ie-at+e;Tte tie—G+ty may, in addition to other legal requirements, FeqUiFe environmental review by the City is required pursuant to the C- l..fer^;4 EnYiF,,n..,.,,,ntal Quality Aet "CEQA" because, among other things, substantial City time and effort are expended in complying with CEQA's requirements and other legal requirements necessary before granting such approvals.
B. Judicial challenges arising from or related to the issuance of licenses, permits and other approvals, especially tithe City's CEQA determinations for projects requiring discretionary approvals, are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees or costs in such challenges. As project applicants, licensees, and permittees are the primary beneficiaries of such approvals, it is appropriate that such applicants, licensees and permittees should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger.
1.07.020 Definitions.
In this chapter the following words or phrases shall have the following meanings:
"Application" means an initial written request required by the City which commences the City's processing of the project that requires a discretionary approval and approval of a CEQA document. "CEQA" means the California Environmental Quality CeRtFelAct and the State CEQA Guidelines (Cal. Pub.
Resources Code Section 21000 et seq. and 14 CCR Section 15000 et seq.) and any action taken pursuant thereto including, but not limited to, an environmental impact report, subsequent environmental impact report, supplemental environmental impact report, mitigated negative declaration, negative declaration, SS2-15
addendum to an environmental impact report or negative declaration, statutory exemption, categorical exemption, or a determination that no CEQA document is required. attorneys cmpleyees, agents and zeningadminTstFater.
"Project" means any amendment, modification permit, use permit, variance or other City issued permit that requires discretionary approval in accordance with this Code.
1.07.025 Insurance.
For any license, permit or approval issued pursuant to this Code, the City may add as a condition of approval a requirement that the applicant, licensee, or permittee obtain insurance that will substantially protect the City from liability. The Risk Manager shall have the authority to determine all insurance requirements including, but not limited to, certificates, language, type, amount, endorsements, and waivers of subrogation. Insurance required by the Risk Manager or as otherwise provided for under the provisions of this Code shall be governed by the following requirements:
A. Each certificate of insurance shall reauire aooroval by the Risk Mana B. Insurance furnished must contain a condition that it cannot be modified or cancelled without at least thirty (30) days' written notice to the City;
C. All insurers shall be authorized by the California Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders' rating and financial size category class determined to be appropriate by the Risk Manager; and D. Any other requirements the Risk Manager deems necessary to protect the interests of the City.
The City Manager or Risk Manager may waive any of the requirements set forth in this section if they determine the requirement is unnecessary to protect the interests of the City.
1.07.030 Indemnification Required.
A. For any license, permit or approval issued pursuant to this Code, the City may add as a condition of approval a requirement that the licensee, permittee, or applicant indemnify, defend, indemnify, release and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees, from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, iudgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the license, permit, or approval. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by licensee, permittee, or applicant, the City, and/or the parties initiating or bringing such proceeding.
B. _Any applicant for a discretionary permit under any provision of this Code which also requires a determination under CEQA shall be provided notice of the provisions of this chapter. Any project approval may, in the discretion of the approving body, be conditioned to indemnify the City according to the provisions of this chapter, as follows:
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A. Defend, indemnify, release and hold harmless the City, its City Council, boards and commissions, zoning administrator, officers, agents, volunteers, and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and/or the City's failure to comply with the requirements of any federal, Sstate, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the applicant, the City, and/or the parties initiating or bringing such proceeding.
1.07.040 Conditions.
Any indemnification required under the provisions of this chapter shall be subject to the following:
A-1. The City shall promptly notify the applicant, licensee or permittee of any claim, action, or proceeding related to any license, permit or approval or that is brought to attack, set aside, void or annul a discretionary project approval, and/or approval of a related CEQA document; B-2. The City shall retain the right to participate in the defense of the claim, action or proceeding including selection of defense counsel;
C3. The applicant, licensee or permittee shall not be required to pay or perform any settlement unless the settlement is approved by the applicant, licensee or permittee; and D4. The applicant, licensee or permittee shall indemnify the City for all of City's costs, fees, and damages which City incurs in enforcing the indemnification agreement.
1.07.050 Indemnification —Payment on Demand.
The applicant, licensee or permittee shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this chapter.
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Chapter 1.08
RULES OF CONSTRUCTION
Sections:
1.08.010
Effect of General Provisions.
1.08.020
Effect of Title, Chapter and Section Headings.
1.08.030
Territorial Limitation.
1.08.040
Unlawful Acts or Omissions Inclusive.
1.08.050
Authority of Designated Officialseies.
1.08.055
Hearing Officer.
1.08.060
Writing Defined.
1.08.070
Extent of Reference.
1.08.080
Service of Notices.
1.08.090
Proof of Service of Notice.
1.08.100
Posting of Public Notices.
1.08.105
Consumer Price Index Adjustments.
1.08.110
Interpretive Provisions.
1.08.120
Definitions.
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Chapter 1.08
RULES OF CONSTRUCTION
1.08.050 Authority of Designated Officialsies
A. Unless a person is specifically prohibited from doing so by the City Charter, State or federal law, when this Code vests a duty, obligation or responsibility in an official, department director, or employee, the official, department director or employee may designate a City position or another person to act on their hehalf_
B. Any official, department director, or employee who vests a duty, obligation or responsibility in a designee, shall inform the City Clerk of the designation. The City Clerk shall maintain a list of all designations and shall provide a copy to the public upon request. -Whenever heneyer a peweF as granted to GlUty OS OMPOSed UPOR a public eff�icer-, E)F employee, the poweF FRay be exercised, or the duty may b ..... „. .,.,......,....,.., ._....,.,., ....., ...,,......,.r.. Y r,..,..._�..,
1.08.070 Extent of Reference.
Whenever a reference is made to any portion of this Code, e-r-to any ordinances of this City, to any State law, rules or regulations or to any federal law, rules or regulations, the reference ^"includes all amendments and additions now or hereafter made thereto and/or any successor statute.
1.08.100 Posting of Public Notices.
Wherever any section of this Cc -ode requires the posting of a notice in a public place, such notice shall afse be posted An the h- i"^*i^ "^;"'l ^{ the in accordance with all legal requirements at -City Hall of the E NewpGlFt Beach.
1.08.105 Consumer Price Index Adiustments.
Whenever this Code calls for an increase of an amount, limit or rate schedule that is set forth in this Code to reflect the change in the Consumer Price Index, as defined in Section 1.08.120, the increase shall apply to the current amount, limit or rate schedule that is then in effect on the date adjustment. Unless another adjustment date is specifically set forth in this Code, the effective date of any adjustment shall be July 1.
Unless another time period for calculating the change in the Consumer Price Index is specifically set forth in this Code, the increase to the amount or limit shall be determined by calculating the percentage change from March of the prior year to March of the current year.
1.08.120 Definitions.
Unless a more specific definition is provided or the context in which they are used clearly requires otherwise, the following terms and phrases used in this Code shall have the meaning ascribed to them in this part:
Assistant City Manager. The term "Assistant City Manager" means the Assistant City Manager of the City Manager's Office.
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Building Official. The term "Building Official" means the Building Manager or Chief Building Official of the City's Community Development Department or the person designated by the Community Development Director as the Building Official.
California Code of Regulations. The terms "California Code of Regulations or "CCR" means the state administrative regulations that are cited as "title number CCR section number" or "title number CCR division number, chapter number, article number, section number.
California Environment al Quality Act or CEQA. The terms "California Environment -al Quality Act" or "CEQA" means the California Environmental Quality Act (Cal. Pub. Resources Code Section 21000 et seq.) and the State CEQA Guidelines (14 CCR Section 15000 et seg.).
Chief of Police. The terms "Chief of Police" or "Police Chief" means the individual who manages and directs the City's Police Department.
City. The term "City" means the City of Newport Beach, a municipal corporation and charter city, or, when referring to territory or territorial limits, it means the area within the territorial City limits of the City and such territory outside the City over which the City has jurisdiction or control by virtue of any law.
City Attorney. The term "City Attorney" means the City Council appointed official who occupies the position as the City Attorney of the City.
City Charter. The term "City Charter" means the City Charter of the City of Newport Beach.
City Clerk. The term "City Clerk" means the City Council appointed official who occupies the position as the City Clerk of the City.
City Council. The term "City Council" means the City Council of the City of Newport Beach.
City Hall. The terms "City Hall" or "Civic Center" means the City's Civic Center located at 100 Civic Center Drive, Newport Beach, California, that includes most administrative offices of the City and related parking.
City Manager. The term "City Manager" means the City Council appointed official efo�y who occupies the position as the chief administrative officer of the City.
City Engineer. The term "City Engineer" means the City Engineer of the City's Public Works Department, or the individual designated by the Public Works Director as the City Engineer.
City Treasurer. The term "City Treasurer" means the individual appointed as the City's Finance Director.
Code. The term "Code" means the Newport Beach Municipal Code.
Community Development Director. The term "Community Development Director" means the individual who manages and directs the City's Community Development Department.
Consumer Price Index. The term "Consumer Price Index" means the Los Angeles -Long Beach -Anaheim, California Area, All Urban Consumers, All Items, Base Period (1982-84=100), or successor index, as published by the United States Department of Labor. Bureau of Labor Statistics.
Council. The term "Council" means the City Council of this City.
County. The term "County" means the County of Orange.
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Day. The terms "dav" or "days" means a calendar day. unless otherwise specifically provided.
Day care center. The term "Day care center" means a child care —infant center, and child care center (preschool) licensed by the State of California Department of Social Services that is not located on a residentially zoned property including, but not limited to, Bright Horizons at Newport Beach; Carden Hall; Catalyst Kids -Newport Heights; Christ Church by the Sea Children's Center; Environmental Nature Center (ENC) Nature Preschool; Miraculous Milestones; Montessori Way Learning Center, Inc., Newport Coast Child Development Preschool; Newport Harbor Lutheran Church; St. Andrew's Preschool; St. Mark Community Preschool; St. Matthew's Montessori Preschool; Temple Bat Yahm; and Tutor Time Child Care/Learning Center.
Designee. The term "designee" means a position, employee, or person that is authorized to fulfill a duty, obligation or responsibility.
District Attorney. The term "District Attorney" means the Orange County District Attorney.
Fair Political Practices Commission. The terms "Fair Political Practices Commission" or "FPPC" means the five -member independent, non -partisan commission that has primary responsibility for the impartial and effective administration of the Political Reform Act.
Finance Director. The term "Finance Director" means the individual who manages and directs the City's Finance Department.
Fire Chief. The term "Fire Chief' means the individual who manages and directs the Fire Department.
Fire Marshal. The term "Fire Marshal" shall mean the Fire Marshal of the City's Fire Department or the individual designated by the Fire Chief as the Fire Marshal.
Harbor Commission. The term "Harbor Commission" shall mean the Harbor Commission of the City.
Harbor Department. The term "Harbor Department" shall mean the Harbor Department of the City. Any provision within this Code or any uncodified ordinance or resolution referring to the Harbor Resources Division shall mean the Harbor Department.
Harbormaster. The term "Harbormaster" shall mean the individual who manages and directs the Harbor Department. Anv provision within this Code or anv uncodified ordinance or resolution referring to the Harbor Resources Manager shall mean the Harbormaster.
Health Officer. The term "Health Officer" means the Orange County Health Officer.
Human Resources Director. The term "Human Resources Director" means the individual who manages and directs the City's Human Resources Department.
Library Services Director. The term "Library Services Director" means the individual who manages and directs the City's Public Library System.
Oath. The term "oath" means and includes affirmation.
Office. The term "office" meansuse of the title of any officer, employee, or office, er erdinance means such e#+Eer, employee, e#+se, ^r ^rd-finance of the City of Newport Beach.
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Owner. The term "owner" applied to a building or land, means and include any part owner, joint owner, tenant, tenant in common or joint tenant, of the whole or a part of such building or land.
Pacific Ocean. The term "Pacific Ocean" means the waters off of the City from the beach to a point three (3) nautical miles seaward.
Person. The term "person" means and includes any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, syndicate, the United States, this State, any county, city and county, municipality, district, or other political subdivision of the State, or any other group or combination acting as a unit.and e-Judl^ firm asseeiatien,erganizatieF�-, Public park of public facility. The terms "public park" or "park facility" means all publicly owned, managed or leased land that is open to the public, walking or hiking trails, parks and park -related buildings, facilities and improvements, and any school facilities when they are in use as recreational or community center facilities and under the control of the Director of the Recreation and Senior Services Department including, but not limited to, Arroyo Park; 38th Street Park; Back Bay View Park; Bayside Park; Bayview Park; Begonia Park; Big Canyon Park; Bob Henry Park; Bolsa Park; Bonita Canyon Sports Park; Bonita Creek Park & Community Center; Buffalo Hills Park; Canyon Watch Park; Carroll Beek Community Center and Balboa Island Park; Castaways Park; Channel Place Park; Civic Center Community Center; Civic Center Park; Cliff Drive Park and Community Center; Coastal Peak Park; Corona del Mar Pocket Park; Corona del Mar State Beach; Dog Park; Eastbluff Park & Boys and Girls Club; Galaxy View Park; Gateway Park; Grant Howald Park & Community Youth Center; Harbor View Nature Park; Harbor Watch Park; Inspiration Point; Irvine Terrace Park; Jasmine Creek Park; John Wayne Park and Theater Arts Center; Kings Road Park; L Street Park; Lake Ave Park; Lido Park; Lincoln Athletic Center; Lookout Point; Los Trancos Canyon View Park (lower, middle, upper); Lower Castaways Park; M Street Park; Marian Bergeson Aquatic Center; Marina Park; Mariners Park and VJ Community Center; Mesa Birch Park; Miramar Park; Myrtle Park; Newport Aquatic Center; Newport Coast Community Center; Newport Island Park; Newport Shores Park; North Star Beach; OASIS Senior Center; Old School Park; Peninsula Park; Rhine Wharf Park; San Joaquin Hills Park and Lawn Bowling Center; San Miguel Park; Spyglass Hill Park; Spyglass Hill Reservoir Park; Sunset Ridge Park; Sunset View Park; Upper Buck Gully Reserve; Uptown Park; Veteran's Memorial Park; West Jetty View Park; West Newport Community Center; West Newport Park; and Westcliff Park.
Public Works Director. The term "Public Works Director" means the individual who manages and directs the Citv's Public Works Department.
Recreation and Senior Services Director. The term "Recreation and Senior Services Director" means the individual who manages and directs the City's Recreation and Senior Services Department.
Revenue Division. The term "Revenue Division" means the City's Finance Department Revenue Division.
Risk Manager. The term "Risk Manager" means the Risk Manager of the City's Human Resources Department, or the individual appointed by the Human Resources Director as the Risk Manager.
School. The term "School" means an institution of learning, whether public or private, which offers in - person instruction in grades K through twelve (12) in those courses of study required by the California Education Code and is licensed by the State Board of Education. This definition includes all kindergarten, SS2-22
elementary, junior high, senior high or any special institution of learning under the jurisdiction of the State Department of Education including, but not limited to, Andersen Elementary School; Carden Hall; Corona del Mar Middle and High School; Eastbluff Elementary School; Ensign Intermediate School; Harbor Day School; Harbor View Preschool and Elementary School; Lincoln Elementary School; Mariners Elementary School; Newport Christian Academy; Newport Coast Preschool and Elementary School; Newport Preschool & Elementary School; Newport Harbor High School; Newport Heights Elementary School; Our Lady Queen of AnEels Catholic School: Pacifica Christian Hieh School: and Saee Hill HiLyh School.
State. The term "State" means the State of California.
Streets. The term "street" means and include all streets, roads, highways, avenues, lanes, alleys, courts, boulevards, places, squares, curbs, or other public ways in this City, which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.
Tenant, Occupant. The term "tenant or occupant" applied to a building or land means and include any person who occupies the whole or part of such building or land, whether alone or with others.
Utilities Director. The term "Utilities Director" means the individual who manages and directs the City's Utilities Department.
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Chapter 1.10
JUDICIAL REVIEW OF CITY DECISIONS
Sections-
1.10.010 Applicability of Cal. Civ. Proc. Section 1094.6.
1.10.020 - Notice of Time Limit for Review.
1.10.010 Applicability of Cal. Code of Civ. Proc. Section 1094.6.
Cal. Civ. Proc. Section 1094.6 is applicable to the decisions of the City Council, and of any department, board, commission, officer or agent of the City revoking or denying an application for a permit, license or other entitlement or denying an application or allowance which is subject to the judicial review pursuant to Cal. Civ. Proc. Section 1094.5.
1.10.020 - Notice of Time Limit for Review.
The City Council, and any department, board, commission, officer, agent or employee of the City which makes such a decision shall give notice to the affected party that the time in which to seek judicial review of decision subject to the iudicial review pursuant to Cal. Civ. Proc. Section 1094.5 is governed by Cal. Civ.
Proc. Section 1094.6.
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Chapter 1.12
CITATIONS AND WARRANTS
Sections:
1.12.010 Chapter 5c of Penal Code Adopted by Reference.
1.12.020 NIRAAC Authority of Public Officers or Employees to Issue Citations.
1.12.030 Violation of Promise to Appear.
1.12.010 Chapter 5c of Penal Code Adopted by Reference.
Except as provided in this chapter, the provisions of Cal. Pen. Code Part 2, Title 3, 2-, Chapter 5cC, T+t-e 3 PaFt 2 Of *"^ Gal. PP-.R.-;;' C-eH'^ Of the -State ^{ G-a'ifGFRia Rded, are hereby adopted and made a part of this chapter as though fully set forth. The peace officer employees of the City are authorized to issue infraction citations for violations of this Code as an alternative to their existing authority to issue citations and arrest for misdemeanors.
1.12.020 AIRAAC Authority of Public Officer or Employees to Issue Citations.
A. The following designated public officers and employees shall have the power to issue citations for any violation-, ^{ the erd-inapees and- la .,.. specified i^ *" - of this Code:
Al. Animal Control Officers, Community Service Officers, Custody Officers, Parking Control Officers, Police Officers and employees holding positions in the Police Department designated by the Police Chief;
The Communitv Development Director. Harbormaster. Public Works Director. and employees holding positions in these departments designated by the director of the department,
3. Code Enforcement Officers; and
4. Municipal Compliance Officers who may be employed by contract.
B. The following designated public officers and employees shall have the power to issue citations for violations of the following provisions of this Code:
91. The Fire Chief, Public `^ aFks DoreetaF and- Har"^R^"&*^ , and other employees holding positions in the Fire Departmentm^m"^ps ^f the stag designated by the Fire Chief, Public `^ aFk n'rprtnr ^^d u^r"^rm;ir*^ ; shall have the power to issue citations for any violation of Titles 5, 9 11 and 17, Chapters 7.04, 7.16, 7.20, and 7.30, and Sections 6.04.050, 6.04.190 and 10.06.010.
Q. The Revenue Manager and other employees holding positions in the Finance Department designated by the'^eartment staff designated by the Finance Director shall have the power to issue citations for any violations of Titles 3, 5, 6 and 10, Section , nn 060 and Chapters 12.62 and
12.63. and Section 12.40.060.
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3. The Building Official, and other employees holding positions in the Building Division4a4 designated by the Building Official, shall have the power to issue citations for any violation of Title 15 of this Code.
4.�. Park Patrol Officers shall have the power to issue citations for violations of Chapters 11.03 and 11.04 of this Code and for violations of any provision of this Code occurring in parks or parking violations occurring in parking lots servicing parks and other City facilities.
5. The City Clerk shall have the power to issue administrative citations for violations of Chapter
1.28. C. The following designated public officers and employees shall have the power to issue citations for violations e#t#e of the followinE Drovisions of state or local law:
1. Animal Control Officers, Community Services Officers, Custody Officers, Police Officers, and Parking Control Officers, v ^'„^+^eFs (as-auth^Y;-z^,- by Seeti^^ 2250-:7 o .,f the Vehicle Cede f^r handiGapped PaFki^^ ^^f^re^m^^+` and other employees holding positions in the lea h^,-� .,f +h^ Police Department staff shall have the pE)weF to issue GitatiGRS f^r aRY ^W;^n of this Cede and anY6ede of the S+-a+^ ^f CalifoMia as assigneddesignated by the Chief of Police shall have the power to issue citations for violations of Cal. Veh. Code, to the maximum extent allowed under State law, including, but not limited to, Cal. Veh. Section 22507.8 and local ordinances and resolutions adopted pursuant to Cal. Veh. Section 22511.7.
2. The Fire Chief, Public Works Director and Harbormaster and other employees holding positions in these departments designated by them, shall have the power to issue citations for any violation of Sections 22500.1 and 22514 of the Cal. Vehicle Code, the Cal. Fish &ate G.aFRe Code, ^f+he &@te .,f Califomia, Title 14 of the California Code of Regulations, +h n f+he Health Safety Cede Of the ^f C.,';f^.");., that peFt,;^ +^ animals, and the provisions of Cal. Harb. & N a v. Code, Division , E epte- r f Dems i��3-o-fr e �;h�s-and N�gat�e;TEed Cede State ^f r-.'a any provision of State or local law related to fire suppression or fire prevention and any provision of State and local laws pertaining to the handling, use, storage or disposal of hazardous materials or waste.
-
■
MIAMI
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j. The City Gleirk -rh-;;" h-;we the power te- a-r-r---P- -administrative eitatie—Ar fqr w 0 Al;; ens of Chaptef
1.29.D. The City Clerk shall be informed, in writing, by the Police Chief, Fire Chief, Harbormaster, or Department Director of all positions authorized to issue citations pursuant to this section and the City Clerk shall maintain a list of all positions designated pursuant to this section. The City Clerk shall provide a copy of the designated position list to the public upon request.
E. Nothing in this section shall be considered to limit any authority otherwise vested in the named officers and employees, provided elsewhere in this Code, or by State law.
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Chapter 1.25
MUNICIPAL ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURE CONTROL*
1.25.010 Purpose and Findings.
F. The contribution limitations imposed by this chapter are consistent with the spirit, intent and letter of the Political Reform Act of 1974 (Title °tee Cal.ifern+a Gov.emmenc Code, Sections 81000, et seg.).
1.25.015 Intent.
The intent of this chapter is to impose limits on the amount of money that may be contributed to a candidate or candidate's controlled committee to achieve the purposes specified in Section 1.25.010. This chapter is not intended, and shall not be construed, to establish any reporting, filing, or procedural requirement in addition to, or different from, the Political Reform Act or the regulations adopted by the Pai
-SIT#sal °raEt}ses-C�;,, ss+e^ " FPPC, being 2 CCR Section 18104 et seg.).
1.25.030 Campaign Contributions —Limitations.
A. Contributions by Persons to Candidate or Candidate's Controlled Committee. No person shall knowingly and willfully contribute to a candidate and/or the candidate's controlled committee, with respect to any single election, an amount that would cause the total contributed by such person to the candidate and the candidate's controlled committee, when combined, to exceed one thousand 1wefOUr hundred dollars ($1,4200.00).
B. Acceptance or Solicitation by Candidate or Candidate's Controlled Committee. No candidate or candidate's controlled committee shall knowingly and willfully solicit or accept any contribution from any person, which would cause the total amount contributed by such person, with respect to any single election, to the candidate and the candidate's controlled committee, when combined, to exceed the sum of one thousand fourtwe hundred dollars ($1,4200.00).
C. Adjustment for Cost of Living Changes. The campaign contribution limits and contribution acceptance and solicitation limits set forth in subsections (A) and (B) of this section shall be automatically adjusted in two-year intervals, beginning July 1, 2025. The time period for calculating the increase to the contribution limit shall be from March two years prior to an adjustment to March of the year of adjustment. tieg+nn+ng ., 202E by the City Gl rk to F fl.,rA GhaRges OR the GORSY., eF Driee 'R dex in accordance with Section
1.08.105-. .
R-C rr spear ing index fer 2019, ;-Adjust., eat in r entl. Adjustments made pursuant to this subsection shall be rounded to the nearest one hundred dollars ($100.00), shall be announced by the City Clerk in June of the year an adjustment is to be made, and shall be effective July 1st.
D. Demand for Return of Excess Contributions. It shall not be a violation of subsection (A) of this section if the person: (1) first became aware the person violated the limitations set forth in subsection (A) of this section when the person received a return of the excess contribution(s) from the candidate or candidate's controlled committee; or (2) if the person demands, in writing, a return of the portion of any contribution(s) donated in excess of the limitations imposed by subsection (A) of this section within SS2-28
fourteen (14) calendar days from the date the City provides written notice to the person of the alleged violation of subsection (A) of this section or the date the person discovers that the person's contribution(s) exceed the contribution limit set forth in subsection (A) of this section, whichever is sooner. A copy of the written notification by the person demanding the return of the portion of any contribution(s) donated in excess of the limitations imposed by subsection (A) of this section shall be provided via certified mail or courier delivery to the last known address of the candidate or the candidate's controlled committee. If the excess contributions were not returned by the candidate or candidate's controlled committee prior to sending the written demand, the person shall provide the City Clerk with a copy of the written demand, and proof of delivery thereof, within fourteen (14) rzalendar of the date the demand is made.
E. Return of Excess Contributions. It shall not be a violation of subsection (B) of this section if the candidate or candidate's controlled committee returns the portion of any contribution(s) donated in excess of the limitations imposed by subsection (B) of this section within fourteen (14) ealendaF days from the date the City provides written notice to the candidate or candidate's controlled committee of the alleged violation of subsection (B) of this section or the date the candidate or candidate's controlled committee discovers that the contribution(s) exceed the contribution limit set forth in subsection (B) of this section, whichever is sooner. If the City notified the candidate or candidate's controlled committee that the contributions exceeded the limitations imposed by subsection (B) of this section, written notification showing the donor's name, the amount returned, and the date of the return shall be provided to the City Clerk within fourteen (14) calendar days of the date of the return.
F. Contributions by Candidates. The provisions of subsections (A) and (B) of this section shall not apply to contributions from a candidate to his or her controlled committee nor to the expenditure, by the candidate, of his or her personal funds.
G. Contributions to Committees. Contributions made to any person or a committee, and not to a candidate or candidate's controlled committee, shall not be considered as contributions to the candidate or candidate's controlled committee notwithstanding the fact that such person or committee supports the candidate or uses the contribution with a view to bringing about the nomination or election of the candidate.
H. Anonymous Contributions. No candidate or candidate's controlled committee shall knowingly and willfully accept anonymous contributions, with respect to any single election, which would cause the total amount of anonymous contributions received by the candidate and the candidate's controlled committee, when combined, to exceed one hundred dollars ($100.00). Subject to the provisions of State law, it shall not be a violation of this subsection if the candidate or candidate's controlled committee pays to the City, for deposit into the general fund to be used to defray the costs of municipal elections, the portion of any contributions accepted in excess of the limitations imposed by this subsection within fourteen (14) calepelar from the date the City provides written notice to the candidate or candidate's controlled committee of the alleged violation of this subsection or within fourteen (14) calendar of the date the candidate or candidate's controlled committee discovers the contribution(s) exceed the contribution limit set forth in this subsection, whichever is sooner.
I. Notice from the City. For purposes of this section, written notification by the City shall be by certified mail to the person to be notified at the person's last known address. Service by certified mail shall be deemed completed at the time of deposit with the post office.
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J. City Clerk. If the City Clerk has a good faith belief that a person, candidate, or candidate's controlled committee has violated this section, the City Clerk shall refer the matter to the District Attorney.
K. Recall Elections.
1. The campaign contribution limits set forth in this section shall not apply to any Councilmember or Councilmember's controlled committee established to oppose the qualification of a recall measure and, if the qualification is successful, the recall election after the Councilmember receives a notice of intent to recall pursuant to Cal. Elec. Code Section 11021.
2. The campaign contribution limits set forth in this section shall apply to any candidate runni to replace the Councilmember in a recall election.
3. After the failure of a recall petition or after the recall election, any remaining funds received by the Councilmember or Councilmember's controlled committee established to oppose the qualification of a recall measure and if the qualification is successful, the recall election, shall be treated as surplus funds and shall be expended within sixty (60) days after the failure of the recall petition or after the recall election for a purpose specified in Cal. Elec. Code Section 89519 (b).
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Chapter 1.26
ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS
1.26.010 Definitions.
Unless otherwise defined below, the terms used in this chapter shall have the same definitions as specified in the Political Reform Act (CaUmfernma Gov.eFnFnent Code Section 81000 et seq.) and FPPC regulations (2 CCR C-al ;f^rRia CA -de f Regulatie^s Title 2, Section 18104 et seq.Oiu+Sief -6), ^^,. In those cases where definitions in the Political Reform Act or FPPC regulations contain a specific reference to any State election, candidate, or electoral criteria, the definition shall be modified to reflect the municipal equivalent, or, in the absence of a municipal equivalent, to delete the specific reference.
"City Clerk's online system" means the web -based filing system utilized by the Newport Beach City Clerk's Office for the submission of statements, reports or other documents required by Chapter 4 of the Political Reform Act (Cal.i#ernia Gov.eFRFAeRt Code Section 84100 et seq.) or aRY SUGGeSSOF statute. "Statements" means statements, reports, or other documents required by Chapter 4 of the Political Reform Act (Cal_i#ernia Gov_eFRFnent Code Section 84100 et seq.) .
1.26.020 General.
A. Any elected officer, candidate, or committee required to file original statements with the Newport Beach City Clerk's Office may file such statements using the City Clerk's online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Cal.ifemia Gov.ewmenR Code Section 84615. Fre-M -A^^' -Af*^F Deeemb^• 31,22018,eElected officers, candidates and committees required to file original statements with the City Clerk shall file such statements using the City Clerk's online system, unless exempt from the requirement to file online pursuant to Cal.ifernia Gov.ernmenR Code Section 84615, er any success_r statute, because the officer, candidate or committee receives less than twoeRe thousand dollars ($24,000.00) in contributions and makes less than twoene thousand dollars ($2-1,000.00) in expenditures in a calendar year.
C. The City Clerk's online system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Cal.ifArAia Gov.eFRFReRt Code SSUb-section 84602(a)(3-2), eF aRY successer statute, and that is compatible with the Secretary of State's system for receiving an online or electronic filing.
1.26.030 Procedures for Utilizing Online Filing.
electrenic filing system by electronically filing a statement t-hat- is required te be filp-rd y.g*th the Gity Clerk eandodate E)F eemmittee has epted OR, all subsequent statements shall be filed eleCtFORically. An eleeted efficer, candidate, er cernmittee may Opt eut ef the electrenic filing systern by filing eriginal statements in papeF feF.m.at v.fmth the City C!eF!(. TheFea4er-, the elected effieeF; eandidate E)F eemmittee Shall file all eriginal statements On paper fermat with the Gety C--,'P-.rk. Fre-M -and _afte.r December 31, 2018, electrenic SS2-31
26r»n(n) OF any sueeeSSOF statute.
A�. Any elected officer, candidate, or committee who has electronically filed a statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk.
BO. Any elected officer, candidate, or committee who is required to file an original statement with the California Secretary of State and a copy of that statement with the City Clerk's Office may, but is not required to, file the copy of the required statement using the City Clerk's online system.
Cs. The City Clerk's online system shall issue an electronic confirmation that notifies the filer that the statement was received, which notification shall include the date and the time that the statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a statement filed online shall be the day that it is received by the City Clerk.
D€. If the City Clerk's online system is not capable of accepting a statement, an elected officer, candidate, or committee shall file that statement in paper format with the City Clerk.
E€. The City Clerk's online system shall enable electronic filers to complete and submit filings free of charge.
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Chapter 1.28
LOBBYIST REGISTRATION AND REPORTING
1.28.020 Definitions.
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Chapter 2.08
CITY MANAGER
Sections:
2.08.010 Establishment Authority.
2.08.020 Bond for Manager Pro Tempore.
2.08.030 Compensation —Expenses.
2.08.040 Powers and Duties.
2.08.060 Subject to Civil Service Provisions.
2.08.030 Compensation — Expenses.
In addition to the compensation fixed by the City Council, the City Manager shall be reimbursed for all sums necessarily incurred or paid by the City MangEer44R in the performance of the City Manager's4is duties within the amounts fixed in the budget for such purposes and for the City Manager's4is expenses incurred when traveling on business pertaining to the City under the direction of the City Council;
2.08.040 Powers and Duties.
B. To consolidate or combine duties, offices, positions, departments or units under irthe City Manager's direction within the limits established by the City Charter, this Code, or the annual budget, and subject to City Council approval; provided, however, that nothing herein contained shall be construed to supersede the authority of the Civil Service Board in the matter of classification of City officers or employees subject to Civil Service or prohibit the City Manager from authorizing the Assistant City Manager to perform the duties of a Department Director for a limited term;
D. To recommend to the City Council for adoption such measures and ordinances as the City Manageri-ie deems necessary or expedient;
E. To make investigations into the affairs of the City, and any department or division thereof under the City Manager's4+s direction and control;
I. To avoid all activities outside the City government which are inconsistent with the policies of the City Council or the duties of the City Manager's4is office;
K. To perform such other duties and exercise such other powers as may be delegated to the City Manager44n from time to time by ordinance or resolution of the City Council.
SS2-34
UPOR furnishIng the City Manager with written notiGe ef the intended Femoval, the City COUR61 may suspend him fFem duty', but his eempensatien shall centinue until a deeisieR en the questiE)R ef has Ferneval SS535
Chapter 2.12
ADMINISTRATIVE DEPARTMENTS
2.12.030 Community Development Department.
The Community Development Department shall be under the supervision of the Community Development Director. "
Cede, eF OR aRY G9RtFaGt er agreement to v.ohir-,h the City is a part�,, shall be deemed hereafter tA rPfpr W the Gelmllmlunity Development DiFeeter The functions of the Community Development Department shall include:
A. Administration and enforcement of the provisions of this Code relating to planning, zoning and subdivisions, nuisance abatement and Code enforcement, and advising and assisting the Planning Commission in such administration vested in that Commission; B. Administration and enforcement of the building, electrical, plumbing and mechanical codes, including grading and swimming pool regulations;
C. Administration and enforcement of State regulations governing energy conservation and sound transmission;
D. Preparation and presentation of reports to the City Council and the Planning Commission on various aspects of City planning;
E. Preparation and maintenance of the General Plan;
F. Advising the public on zoning and planning matters;
G. Receipt and processing of subdivision maps; and
H. Such other functions as may be delegated by the City Manager or the City Council.
2.12.040 Finance Department.
The Finance Department shall be under the supervision of the Finance Director, who shall have charge of financial affairs of the City. The tp-rm ""�riStFative Serviees D;rester" ash^ ^�' iR the Newport °ear" The financial functions of the Finance Department, in addition to those duties imposed by the City Charter, shall include:
A. Enforcement of the City's business license and transient occupancy tax regulations; B. Management of the City's finances, financial statements, audits, revenue collection and billing, financial management system budget, payroll, accounting, cashiering, treasury and investments; C. Purchase of supplies, equipment, training, and services used by City departments; D. Disposal of obsolete and surplus City property;
E. Management of the City's parking program, including meters and lots; and F. Such other functions as may be delegated by the City Manager or the City Council.
SS2-36
2.12.050 Fire Department.
The Fire Department shall be under the supervision of the Fire Chief. The term "Marine DiFester" as used- n +how C-Ad , 1;hAll he deemed hereafter W rpf r tA th., Fort- Chief The functions of the Fire Department shall include:
A. Administration.
1. Ensure fulfillment of the Fire Department mission through planning, preparation, designation of funding, and securing of equipment and materials required to support personnel, operations, and programs.
2. Prepare residents for disasters and emergencies through community preparedness programs.
B. Prevention.
1. Identify and prevent hazards to life, health, property and the environment.
2. Apply and enforce California State laws and local ordinances.
3. Plan and prepare City staff and residents to address potential disasters.
C. Operations.
1. Respond to and mitigate all threats to life, health, property and the environment.
2. Provide training and education to support expertise and safe operations.
3. Monitor for quality assurance.
D. Lifeguards.
1. Respond to and mitigate all threats to life and health on the City beaches and waterways.
2. Provide training and education to support expertise and safe operations.
E. Collaborate with the Orange County Harbor Patrol and/or the U.S. Coast Guard to prevent and/or respond to accidents of a marine nature within the City limits or contiguous unincorporated territory under County contractual agreements.
F. Such other functions as may be delegated by the City Manager or the City Council.
2.12.060 Human Resources Department.
The Human Resources Department shall be under the supervision of the Human Resources Director. The functions of the Human Resources Department shall include:
A. Establishment and maintenance of the City's personnel policies, employee classifications and compensation policies and other conditions of employment to assist the City Manager in carrying out the provisions of Chapters 2.24 and 2.28 of thise "'ewpert Beach Municipal Code; SS2-37
2.12.080 Utilities Department.
The Utilities Department shall be under the supervision of the Utilities Director. The to s "lutilit+es DiFeeter„„ fies and „
Cede,-RP--;;c--,h NAHROGipal Cede, eF iR aRy eeRtraet er agree-.M.P—At tA- �.AA*Gh the City is a partf, shall be deemed "^'^ 44 f IAG:�G^S. The functions of the Utilities Department shall include:
A. Maintenance and operation of the City water system;
B. Maintenance and operation of the City sewer system;
C. Maintenance and operation of the City's street sweeping program; D. Maintenance and operation of the City's storm drain system; E. Maintenance and operation of the City street lighting system; F. Management of the City's oil and gas operations;
G. Management of the regulations found in Chapter 14-.04; and H. Such other functions as may be delegated by the City Manager or the City Council.
2.12.100 Public Works Department.
The Public Works Department shall be under the supervision of the Public Works Director who shall also be the City Engineer Pro Tern and the Superinte-nFent of Streets. The term "General Services Direstor;' as ,
Cede, OF OR aRy GE)RtFaGt
er agreement te v.fh.ch the City is a party, shall -he dee.m.ed- he—reafter te- R-afer tA- the Publac Werks Municipal Code, er in any contract or agreement te which the Gity is a partVL, shall be de-e—med hp-.rp--;;ftp-.r t-G I -^ s.The functions of the Public Works Department shall include:
A. Planning, installation, design, preparation, review and approval of plans, specifications and working details, operations and maintenance, and administration of contracts for the construction of public works, SS2-38
including streets, storm drains, water quality sewers, water, harbors, street lighting, traffic signals and other public facilities;
B. Right-of-way acquisition;
C. Subdivision engineering and development services;
D. Traffic engineering services;
E. Engineering services for other City departments;
F. Engineering planning for water, sewer and electrical systems; G. Water quality inspections and reporting as required by law; H. Activities over and management of the City's tidelands assets in Upper and Lower Newport Bay; I. Street and beach cleaning;
J. Administration and enforcement of State regulations and provisions of this Code related to the collection, transport, diversion and disposal of solid wasteRefuse and garbage e^"^E''^^ and G'OS^ K. Maintenance and repair of streets, alleys, curbs, sidewalks, storm drains, bridges, piers, bulkheads and floats;
L. Maintenance and repair of City equipment;
M. Signage and carpentry;
N. Street striping, and barricade, curb, crosswalk, parking stall, and pavement painting; O. Street name and regulation sign posting maintenance; P. Custodial maintenance and minor repair services for City -owned and occupied buildings and facilities; Q. Landscaping and maintenance of City parks, parkway trees, and planted areas on City -owned property, easements and rights -of -way;
R. Maintenance of electrical equipment in City buildings; and S. Such other functions as may be delegated by the City Manager or the City Council.
2.12.120 Harbor Department.
The Harbor Department shall be under the supervision of the Harbormaster who shall serve as the head of the Department. The functions of the Harbor Department shall include:
A. Management of the City's resources in Newport Harbor, including administration of Title 17; B. Operation of a headquarters at Marina Park or other location selected by the City Manager; C. Patrol of Newport Harbor;
D. Provision of code enforcement on the waters of Newport Harbor; SS2-39
E. Management of the City's marinas, moorings, docks, wharfs and visitor -serving harbor facilities and amenities;
F. Promotion of harbor and boating safety;
G. Addressing inquiries from residents and visitors regarding Newport Harbor; H. Management of City -owned marinas;
I. Providing staff to act as the liaison to the City's Harbor Commission; J. Management of a pollution prevention program in Newport Harbor; and K;. Such other functions as may be delegated by the City Manager.
SS2-40
Chapter 2.20
EMERGENCY SERVICES
Sections:
2.20.00E Prior History Note for Chapter 2.20.
2.20.010 Purpose.
2.20.020 Emergency Defined.
2.20.030 Disaster&neFg^^^y Council —Members.
2.20.040 DisasterT Council —Powers.
2.20.050 Emergency Operations Plan.
2.20.060 Director and Assistant Director of Emergency Services —Powers and Duties.
2.20.065 Review and Termination of Proclamation of Emergency.
2.20.070 Director —Assistant Director —Emergency Powers.
2.20.080 Emergency Organization.
2.20.090 Expenditures.
2.20.100 Violation.
2.20.010 Purpose.
The purpose of this chapter is to provide for the preparation and implementation of plans for the protection of persons and property+^ ^r��within the+s City in the event of an emergency, to empower certain City officials and staff to promulgate orders and regulations necessary to provide for the protection of life and property or to preserve public order and safety, and to provide for the coordination of the emergency service functions of this City with all other public agencies and affected private persons, corporations, and organizations. This article is intended to comply with the California Emergency Services Act, Cal. Gov. Code Section 8550 et. seq.
2.20.020 Emergency Defined.
As used in this article, the terms state of emergency, local emergency, and state of war emergency have the same meanings as in Cal. Gov. Code Section 8558. The term "emergency" shall mean a state of emergency, local emergency, and state of war emergency. As used- 4A this-ehapter, "4eeal emergens, SS2-41
fre.rn -;; 'a -her eentroveFSY, which aFe, 9F are likely te be, beyend the control ef the services, ,
2.20.030 DisasterEm_Fgen Council-- Members.
The City of Newport Beach Disasters Council is hereby created and shall consist of the following members:
A. The Mayor, who shall be the chairman, or in his 9F heFthe Mayor's absence, the Mayor Pro Tempore; B. The remaining members of the City Council;
C. Other officers and employees of the City of Newport Beach, and representatives of civic, business, labor, veterans, professional, or other organizations within the community, as may be designated as appointed by the chair, subject to confirmation by the City Council ^^^^^hers by the emergency ^ ^rati^^s
2.20.040 DisasterEmeFgen Council —Powers.
The DisasterEmergeRcV Council is empowered to review, and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances, resolutions, rules, and regulations as are necessary to implement these plans and agreements, and to perform such other functions as may be designated in the emergency operations plan. The DisasterEmeFgene�; Council shall meet upon call of the Mayor or in his or her absence the Mayor Pro Tempore or the City Manager.
2.20.050 Emergency Operations Plan.
The City Council shall has adopted an emergency operations plan_. The ^Ia^ Sh," that provides for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting an emergency local . , state of emergeRG , state ef..,-.r emergeRG., S rh.,r ter.nr ^ d^�^^d in this Chapter ^r by state I . The Emergency Ce ncilDisaster Council shall periodically review the plan and propose, to the City Council, changes which will ensure the maximum effectiveness of the plan. The plan shall be considered supplementary to this chapter, but shall have the effect of law whenever an emergency, as provided in this chapter, has been proclaimed.
2.20.060 Director and Assistant Director of Emergency Services —Powers and Duties.
When there is an emergency- within the territorial limits of the City or which may impact the City, Tthe Director of Emergency Services, who shall be the City Manager, and Assistant Director of Emergency Services, who shall be appointed by the Director shall have the following powers and duties:
A. Request the City Council proclaim the existence or threatened existence of a local emergency, ��e ter,.,.,inatien theree _if the Council is in session. The Director or Assistant Director may issue such a proclamation if the Council is not in session, and in such event, the City Council shall take action to ratify the proclamation at the earliest practicable time, but in no event more than seven days after issuance of the proclamation or the proclamation shall have no further force or effect; B. Request the Governor proclaim a state of emergency when, in the opinion of the Director or Assistant Director, resources available locally are inadequate to cope with the emergency; SS2-42
C. Control and direct the efforts of the emergency organization of the City to accomplish the purposes of this chapter including, but not limited to, training of employees for emergency and disaster -related functions, disseminating to the public information related to emergency preparedness activities, and recommending to the City Council the adoption of mutual aid agreements; D. Direct cooperation between, and coordination of, the services and staff of the emergency organization of the City and resolve questions of authority and responsibility that may arise between them; E. Represent the emergency organization of the City in all dealings with public or private agencies pertaining to emergencies as defined in this chapter; and F. Prepare and maintain, on a current basis, the emergency operations plan as provided, and described, in this chapter, and submit the plan to the City eiDisaster Councilfe-F Onmrniml
2.20.065 Review and Termination of Proclamation of Emergency.
The City Council shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. The City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
2.20.070 Director —Assistant Director —Emergency Powers.
In the event of the proclamation of an emergency which impacts the City, or which may impact the City of Office of EmergepeyServiGes, the Director is empowered, within limitations specified in the City Charter, to do the following:
A. Make, issue, and enforce rules, orders or regulations reasonably related to the protection of life and/or property, or the preservation of public order and safety, which orders shall not apply to the Disaster Council or Disaster Service Workers when they are working in their official capacity. These rules, orders and regulations shall include, but not be limited to, any one or more of the following:
1. An order imposing a curfew within the entire City, or designated boundaries. The order imposing the curfew shall prohibit the presence of any person on any public highway, sidewalk or place, and may prohibit presence in any outdoor place, public or private,
2. An order prohibiting access to, travel along, or egress from any public or private street, highway or road within the City,
3. An order prohibiting or restricting the sale of alcoholic beverages in or from any business in all or a portion of the City;
B. All rules, orders and regulations made and issued pursuant to this chapter, and any amendment or rescission thereof, shall be in writing and given widespread publicity and notice. No rule, order or regulation issued pursuant to this chapter shall be effective unless and until widespread publicity and notice have been given, and, in the case of any curfew order, such order shall not be effective until notice of the curfew order has been given within the boundaries of the area subject to the curfew by mobile sound trucks or vehicles equipped with public announcement systems. Rules, orders and regulations issued pursuant to this chapter shall remain in effect for the period specified in the declaration of emergency, but no rule, order or regulation shall remain in effect for more than seven days unless SS2-43
confirmed and ratified by the City Council. All rules, orders and regulations issued pursuant to this chapter shall be ratified and confirmed at the earliest practicable time by the City Council, but in no event shall confirmation and ratification occur more than seven days after issuance. Prior to confirmation and ratification, the Director or Assistant Director shall provide the City Council with the written emergency proclamation, all other related documents, and a report explaining the facts and circumstances which prompted the emergency proclamation and issuance of emergency rules, orders and regulations; C. To obtain vital services, supplies, equipment and such other properties as are found lacking and needed for the protection of the life and property of the pee^le, and to bind the City to pay fair market value for the goods and services, and if required immediately, to commandeer the same for public use, within the confines of the City Charter and State law,- D. To require emergency services of any City officer or employee, and to requisition the necessary City material, and in the event of the proclamation of extreme emergency by the Governor, in the region in which this City is located, to request the aid of as many citizens of this community as the Governor deems necessary in the execution of these duties. Such person shall be entitled to all privileges, benefits and immunities as provided by Sstate law for registered emergency services and disaster workers and volunteers;
E. Exercise all ordinary powers of the City Manager, as well as all special powers conferred upon the Manager by this chapter, by any provision of State or local law, by any agreement approved by the City Council, by the emergency operations plan then in effect, or special power vested in City by any other lawful authority; and
F. Designate the order of succession to the office of Director of Emergency Services to take effect in the event the Director, and Assistant Director, are unavailable to take appropriate action pursuant to the provisions of this chapter. The order of succession shall be approved by the City Council and shall be specified in the emergency operations plan.
2.20.100 Violation.
It shall be @ m.i.,SH-p—meann-F punishable as previded in SeGtien 1.04.ndi-n- P-f the IN41unicipal Cede ef the City e Newport Beach for aRy No person during an emergency shallte:
A. WilfullyWillfully obstruct, hinder, or delay any member of the Emergency Organization in the enforcement of any lawful order, rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon the member by virtue of this chapter; B. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, or to imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof; or
C. Wear, carry or display, without lawful authority, any means of identification specified by the emergency agency of the State Af Galiferniaor the City .
if any sectien, subsection, sentence, clause or phrase ef this chapter is, fer any reason, held te he invalid er unconstitutional by a decision ef -Any ceurt ef cempetent jurisdictien, such shall net -affec-t the SS2-44
SS2-45
Chapter 2.24
CIVIL SERVICE SYSTEM
2.24.010 Definitions.
City Ceuneil. The te.r.m. "Gity Geuneil" shall me-a—P the City Ceuneil ef the City ef PjewpeFt Bea
2.24.060 Responsibilities and Authority of City Manager. peFfeFmed by the City ManageF undeF the -A.Rd FegulatieRS may be delegated by the City ManageF
2.24.100 Selection of Fire and Police Chiefs.
The selection of the Police Chief and Fire Chief shall be made by the City Manager from among the candidates who meet the minimum qualifications for the class after completion of a qualifications' appraisal process. The City Manager eF his design^^ shall screen applicants for the minimum qualifications for the class. The top candidates who meet the minimum qualifications shall be examined in a qualifications' appraisal process established by the City Manager. The City Manager shall appoint a member, or members, of the Board to serve on a qualifications' appraisal panel within the qualifications' appraisal process. The City Manager shall choose a candidate from the eligibility list for the class compiled after completion of the qualifications' appraisal process.
SS2-46
Chapter 2.28
PERSONNEL POLICY, COMPENSATION PLAN
Sections:
2.28.010 Establishment of Classifications and Salary Ranges.
2.28.020 Uniform Personnel Policies.
SS2-4 7
Chapter 2.30
RECYCLING SERVICE FEE
Sections:
2.30.010
Short Title.
2.30.020
Findings and Purpose.
2.30.030
Authority.
2.30.040
2.39�^S9
Responsibility.
c,,.,,,rabiii+.,
PeFtieRS ef this ehapter, The City GeURGA deelares that it wAilld have passed thp Ardopppce SS2-48
Chapter 2.32
TRAFFIC DIVISION AND ENGINEER
2.32.020 Duties of City Traffic Engineer.
It shall be the general duty of the City Traffic Engineer ^" his ^- "^" deSigRee to determine and approve the planning, design, installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering investigation of traffic conditions and to cooperate with other City officials in the development of ways and means to improve traffic conditions.
SS2-49
Chapter 2.36
PEACE OFFICER'S TRAINING
Sections:
2.36.010 State Aid for Training —Adherence to Standards.
2.36.010 State Aid for Training —Adherence to Standards.
The City Council of the City of Newpert Be@ " declares that it desires the City to qualify to receive aid from the State of California under the provisions of Chapter 1 of Title ^ P@Ft ^ of the CaLif6rn+a Pen.a4 Code Sections 13500-13553.
Pursuant to Cal. Pen Code Sections 13510 and 13522 of Chapte" ', the City of "'ewpeFt BeaGh while receiving aid from the State of Calife-Mia PUFF aRt + said Chanter 1, will adhere to the standards for recruitment and training established by the Commission on Peace Officer Standards and Training.
Pursuant to Cal. Pen Code Section 13512 of Chapter 1, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the City's peace officer and public safety dispatch personnel adhere to the standards for selection and training established by the Commission on Peace Officer Standards and Training.
SS2-50
Title 3
REVENUE AND FINANCE
Chapters:
3.04 Sales and Use Tax
3.08 Property Tax
3.12 Property Development Tax
3.16 Uniform Transient Occupancy Tax
3.20 Gasoline Tax
3.22 Real Property Transfer Tax
3.27 Municipal Facilities Revenue Bond Code
3.28 Visitor's Service Fee
3.30 Air Quality Improvement Trust Fund
3.32 Special Improvement District Financing Code
3.33 Assessment District Alternative Procedures
3.34 Marine Charter Passenger Tax
3.36 Cost Recovery For User Services
SS2-51
Chapter 3.04
SALES AND USE TAX
Sections:
3.04.010
Short Title.
3.04.020
Rate.
3.04.030
3. ^-0-4o—OperativeDate.
Purpose.
3.04.050
Sales Tax.
3.04.060
Place of Sale.
3.04.070
Use Tax.
3.04.080
Adoption of Provisions of State Law.
3.04.090
Limitations on Adoption of State Law.
3.04.100
Permit Not Required.
3.04.110
Exclusions and Exemptions —Measure of Tax.
3.04.140
Amendments.
3.04.150
Enjoining Collection Forbidden.
3.04.170 Severability.
2 T<TnnT� 1ls
�Repeals.
COTS
3.04.030 Purpose.
To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the California Department of Tax and Fee Administrations+ate Beard of EqualizatieR in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration -State Qeard- of Equalizatiee in administering and collecting the California State Sales and Use Taxes;
2 04 040 OpeFatiye Date
Ord-inanr--e- 1514, cedified in this chapter-, shall beceme eperative on january 1, 1974, and prier the.rete this City shall r_-r_)ntrar_# I.A.4th the state geard ef Equalizatien te perform all funetiens incident te the _. Aef. this sa 1. ess and us ee tax E)Fdina nee; pFevided, that Of this City sh;; nAt havp cenbracted- v.fith the State Beard ef Equalizatien prier te the eperative date, it shall n,_-%u_-rthP_le_rs so contract SS2-52
and iR such a case the eperative date shall be the first day ef the caleRdar quarter felleWiRg the executien A- SCi611ZTGe RtFa Et by theandy the iState.
3.04.050_ Sales Tax.
For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the City at the rate of one percent of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this City on and after the epeFa ive lanuary 1, 1974.
3.04.060 Place of Sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out -of -State destination or to a common carrier for delivery to an out -of -State destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations te-be prescribed and adopted by the California Department of Tax and Fee Administration -St -ate Q^.,..,- ^f Equalizatie^
3.04.080 Adoption of Provisions of State Law.
Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions ^f Part 1 5 ^f Divi.•;^„ _2 ^f the Cal. �' Rev. & Tax.a^_Code, Division 2, Part 1.5, all of the provisions ^f Part 1 ^f QO ^„ 2 of the ReVeRue Cal. Rev. & Tax. a:VieR Code, Division 2, Part 1, are hereby adopted and made a part of this chapter as though fully set forth herein.
3.04.090 Limitations on Adoption of State Law.
In adopting the provisions of Cal. Rev. Tax. Code Division 2, Part 1 ^f n;.,,.•;^„ _2 „f the Q^.,^„11^ „d Taxafi„„ CAPIP, wherever the State Af Califernia is named or referred to as the taxing agency, the City of Newport Beach shall be substituted therefor. The substitution, however, shall not be made when the word "State" is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the California Department of Tax and Fee Administrationst-ate Q^.,._d- ^f EgUa';ZatiO„, the State Treasury, or the Constitution of the State of California; the substitution shall not be made when the result of that substitution would require action to be taken by or against the City, or any agency thereof rather than by or against the State R^^.r^' ^f Equal"atie- California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this chapter; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State ^f;a, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Cal. Rev. Tax. Code Division 2 Part 1 ^f Di ^„ 2 ^f the 0„„„„1,„ and T-,WAfi.,„ Cede or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provisions of that cC-ode; the substitution shall not be made in Cal. Rev. Tax. Code Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 ^f the Revers, ^ ^dTaXatien Cede; and the substitution shall not be made for the word "State" in the phrase "retailer SS2-53
engaged in business in this State" in Cal. Rev. Tax. Code Section 6203 or in the definition of that phrase in Cal. Rev. Tax. Code Section 6203.
3.04.100 Permit Not Required.
If a seller's permit has been issued to a retailer under Cal Rev. & Tax. Code Section 6067 of the ReVeRue ^dT""a''^^ Cede, an additional seller's permit shall not be required by this chapter.
3.04.110 Exclusions and Exemptions - Measure of Tax.
B. The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Cal.
Rev. & Tax Code Division 2, Part 1.5, ^f DiVi ieR 2 Af+I,^ R^„pni 1 ^d TAW;U;^n Cede by any City and County, County or City, in this State shall be exempt from the tax due under the ordinance codified in this chapter.
3.04.140 Amendments.
All subsequent amendments of the Cal. Rev_eRUe &an4 Tax.atieR Code which relate to the sales and use tax and which are not inconsistent with Cal Rev. & Tax. Code, Division 2, Part 1.5,. ^f Divisie—p 2 of the ReVeRU a ,^p' Tawafie" G shall automatically become a part of this chapter.
3.04.150 Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or this City, or against any officer of the State or this City, to prevent or enjoin the collection under this chapter or Cal. Rev. & Tax. Code, Division 2, -Part 1.5 Af DOWOrOAR ef. the R.&OP- --p- ^^,- T-.x2ti^R Cede of any tax or any amount of tax required to be collected. 2 !lA 9GA D.,R-.IfiPR
. r6tieln theire-of shall be punishable as previded an Sectie—n 1-0-4.0-1-0- ef this Cede. 2 AA '14A Repeals.
Ordanance Ne. 77;-! is hereby repealed; previded, hewever-, that said- e—rdinanee shall re —main -Applicable fer respeGt te the sales ef, and the sterage, use, er ether censumptien ef tangible persenal preperty prier te SS2-54
Chapter 3.08
PROPERTY TAX
Sections:
3.M.010 „•,,, unt of Tax Levy.
3.08.01030 Property Tax Duties Transferred to County.
- - --- --- -- - - -- - -- -- - - - --- - --
...........
.. • • W. III
I MI M M
ll-- - - -- - -- --- -• --- -- -- •-- -••- - -- •- - -
- - - - -- -- --
3.08.01030 Property Tax Duties Transferred to County.
Pursuant to the provisions of Cal. Gov. Code, Title 5, Division 1, Part 2, ChapterA le 2; Chapter 2 Division 1Title 5 ef+he Geeveeirpmeipt .,f+h., State .,f raIifE)FRia, the City of Newport Beach hereby elects that the following duties be performed by the appropriate officers of Orange County:
A. The assessment of City property for City taxes.
B. The equalization and correction of the assessment of City taxes.
C. The collection, payment, and enforcement of the City taxes, including delinquent taxes.
D. The redemption of property from sale or other penalty for nonpayment of City taxes.
SS2-55
Chapter 3.16
UNIFORM TRANSIENT OCCUPANCY TAX
3.16.020 Definitions.
City. The "City" sh-,II ., r the City of N.,..,peFt Re -h City Collector'^,^^^ Direr -ter The term "City CollectorPiRaRGe DiFeG " shall mean the Finance Director of the City of Newport Beach ^F hisiheF desi Rated r .,tat;Ve ,
trustee, syndieate, ^ any ^the.. gFeup w.hipat;^ acting a a nit Time -Share Interest. The term "time-share interest" shall mean either a time-share estate or a time-share use (as those terms are defined in Cal Bus. & Prof. Code Section 1'�`;11212 of the n„S;^^« -,nd- PrA_f^11;^.,1 Code) and any similar form of ownership involving a right in perpetuity, for life, or for a term of years, to occupy any room, space or area in a time-share project.
Transient. The term "transient" shall mean any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any individual occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired, and the tax imposed by this chapter shall be due upon all rent collected or accruing prior to the thirty-first consecutive day of occupancy unless occupancy extends to the thirty-first day or thereafter. The term "transient" shall not include any person who occupies any room, space or area in a time-share project pursuant to a time-share interest and without paying rent including: (A) a time-share owner; (B) a member of the family or guest of the time-share owner; (C) any person who is entitled to occupancy pursuant to any time-share exchange program, or any similar program; and (D) any person entitled to occupancy pursuant to any exchange or incentive program involving or sponsored by the operator of the time-share project.
3.16.050 Operator's Collection Duties.
E. If an operator fails to comply with subsection (A) of this section and also fails to obtain approval of a special package rate pursuant to subsection (C) of this section, the tax ("imputed rate") shall be the lesser of (1) the amount collected for the total special package or (2) an amount equal to the median average double occupancy room rate for the accommodations as posted in the room pursuant to the requirements of Cal. Civ. Code Section 1863 ^f the Cava' Cede (er a successer ecti �
3.16.060 Registration of Hotel.
Within thirty (30) days after commencing business each operator of any hotel renting occupancy to transients shall register the hotel with the Finance Director and obtain a "transient occupancy registration certificate" to be at all times posted in a conspicuous place on the premises. The certificate shall, among other things, state the following:
A. The name of the operator;
SS2-56
B. The address of the hotel;
C. The date upon which the certificate was issued; and
D. The following statement:
Transient occupancy registration certificate signifies that the person named on the certificate has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance (Chapter 3.16 of thise Mnsu^^"+ Q^@G" M R*eipa4 Code) by registering with the Finance Director for the purpose of collecting the tax from transients and remitting the tax to the Finance Director. This certificate does not authorize any person to conduct any unlawful business, to conduct any lawful business in an unlawful manner orto operate a hotel without strictly complying with all local laws, including those requiring a permit from any board, commission, department or office of the City. This certificate does not constitute a permit.
3.16.080 Penalties and Interest.
A. Initial Penalty. Any operator who fails to collect and remit any tax imposed by this chapter within the time required shall pay a penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax (initial penalty). The initial penalty may not be waived.
B. Second Penalty. Any operator who fails to collect and remit the tax and initial penalty on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten (10) percent on both the amount of the tax and the initial penalty (second penalty). The second penalty may not be waived.
C. Interest. In addition to the penalties imposed, any operator who fails to collect and remit any tax imposed by this chapter shall pay interest on the amount of tax that is due and owing at the rate of one and one-half of one percent (1_-1/2%) per month for each month or portion of a month that the tax remains unpaid exclusive of penalties.
D. Penalties Merged with Tax. For purposes of collection, every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid, provided, however, that penalties and interest due from an operator under this section are not merged with tax due from a transient.
E. In addition to the penalties and interest provided in this section, the operator shall reimburse City for City's costs in performance of an audit if, as a result of the audit, it is determined there was any intentional misrepresentation by the operator with respect to the amount of transient occupancy tax due to the City or there is a five (5) percent—(W or greater discrepancy between the amount of annual transient occupancy tax due to the City and the amount collected and remitted to the Citypa+d by the operator. Such reimbursement shall be paid by operator within thirty (30) days of the date City notifies operator in writing of the amount of City's costs.
3.16.090 Enforcement Proceedings —Appeal.
B. If the operator fails to timely appeal a determination by the Finance Director the determination shall be final and conclusive and the tax, interest and penalties shall become immediately due and payable by the operator and/or the violation shall be deemed established.
SS2-57
C. If the operator files a timely appeal of the determination, the Finance Director shall appoint a hearing officer and give the operator not less than fifteen (15) days' written notice of the hearing on the appeal.
The operator shall have the right to present evidence relevant to the determination and the hearing shall be conducted in accordance with the general rules applicable to any administrative hearing. The hearing officer shall submit to the City Manager a transcript of the hearing together with recommended findings of fact and conclusions of law. The City Manager shall consider the material submitted by the hearing officer and render a decision within fifteen (15) days after submission. The decision of the City Manager shall be final as to the Citv but subiect to iudicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
3.16.110 Records.
It shall be the duty of every operator liable for the collection and remittancepaymeRt to the City of any tax imposed by this chapter to keep and preserve, for a period of not less than four years, all records necessary to determine the amount of tax the operator was required to collect and remits to the City.
All retained records shall be subject to audit as provided in Section 3.16.070. The Finance Director shall have the right to inspect and/or audit these records at any time during normal business hours on twenty- four (24) hours' written notice. The records shall be maintained at the operator's premises or at a location convenient to the Finance Director. The records shall include at least the following:
A. Daily summaries of room occupancies;
B. A record of each occupancy charge for which exemption is claimed, the City provided form of exemption, if applicable, including the name of the individual occupying the room, dates of occupancy and reasons for exemption;
C. All qualifying rental agreements.
3.16.120 Refunds.
A. Claim Required. Whenever the amount of any tax, interest or penalty has been overpaid, paid more than once or has been erroneously or illegally collected or received by the City, the tax may be refunded as provided in subsections (B) and (C) of this section; provided, that a written claim for refund is filed with the Finance Director. The claim for refund must be filed within one 1 t#fee years of the date of payment, be made on forms furnished by the Finance Director and be signed by the operator under penalty of perjury.
3.16.130 Tax Declared a Debt —Action to Collect.
Any tax required to be paid by any transient pursuant to this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator that has not been paid to the City, tax an operator has failed to collect, or penalty or interest due from an operator shall be deemed a debt owed by the operator to the City. Any person owing money to the City pursuant to this chapter shall be liable to an action brought in the name of the City for the recovery of such amount.
SS2-58
3.16.140 Penalty for Violations.
No" operator or other person shallw4e willfully_ (A) fails or refuses to register as required by this chapter; (B) fail-s to make any return required by this chapter; (C) fails or refuses to furnish a supplemental return or other data required by the Finance Director; or (D) makes a false or fraudulent return or claim; SS2-59
Chapter 3.20
GASOLINE TAX
3.22.010 Fund Established.
There is created in the City Treasury a special fund to be known as the "Special Gas Tax Street Improvement Fund," for the purposes specified in Cal. Sts. & Hy. Code Division 1, Chapter 1, Article 5, Chc�apter1 e Division 1, of the and HrgfiWaYs-C-A-t-d^ ^f the State ^{ Calif^^", and all funds required by such law to be deposited in the special fund shall be deposited therein in compliance with the provisions of thise Code, and the disbursements and withdrawals from the fund shall be made only for the purposes and in the manner prescribed in thise Code.
SS2-60
Chapter 3.22
REAL PROPERTY TRANSFER TAX
Sections:
3.22.010 Short Title —Adoption Authority.
3.22.020 Tax Imposed.
3.22.030 Persons Liable for Tax.
3.22.040 Exemption —Security Instruments.
3.22.050 Exemption —Governmental Agencies.
3.22.060 Exemption —Insolvency or Bankruptcy.
3.22.070 Exemption —Orders of Securities and Exchange Commission.
3.22.080 Exemption —Certain Partnership Transfers.
3.22.085 Exemptions.
3.22.090 Administration.
3.22.100 Refunds.
3._2 2.11-0 OpeFative Date.
3.22.010 Short Title —Adoption Authority.
This chapter shall be known as the "real property transfer tax ordinance of the City of Newport Beach." It is adopted pursuant to the authority contained in Cal. Rev. & Tax. Code Division 2, -Part 6.7 (commencing with Section 11901). e#�ls+e;T T ^T tie C-e#��c� r
_ _ i�-6 t#e�euet�Fe��,,�t -raga rr T!� e-Pf tr Ica-�cvf rrca,$rf ^vi=rrfcr.
3.22.060 Exemption —Insolvency or Bankruptcy.
The tax imposed by this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment:
A. Confirmed under the Federal Bankruptcy Acted;
B. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision 11 U.S.C.J�Section 1012SS Af Title 11 of the United States Cede, as amended; C. Approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision 11 U.S.C. Section 101 (3) efSect+efn59Ce e#T+tle 11n-ted States Cede, as arnen or D. Whereby a mere change in identity, form or place of organization is effectedaffected.
SS2-61
Subsections (A) to (D), inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval, or change.
3.22.085 Exemptions.
A. Beneficiary or mortgagee taken in lieu of foreclosure. The tax imposed by this chapter shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure.
Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on the deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.
B. The transfer, division or allocation of property assets between spouses under judgment or dissolution of marriage, separation or agreement in contemplation or judgment or order.
1. The tax imposed by this chapter shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi -community, or quasi - marital property assets between spouses for the purpose of effecting a division of community, quasi -community, or quasi -marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the alifer^ia PaR#�y:al. Fam. Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order whether or not the written agreement is incorporated as part of any of those judgments or orders.
2. In order to qualify for the exemption provided in subdivision (1), the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption.
3.22.090 Administration.
The County Recorder shall administer this chapter in conformity with the provisions of Cal. Rev. Tax. Code Division 2, Part 6.7, of Division 2 of the Reve.pue _Ar,d TaWatiGR G^ d, being the Documentary Transfer Tax Act, and the provisions of any County ordinance adopted pursuant thereto. 2 22 110 Ope Fatiye Date
This chapter -;hall Pat became apeFatWe thP- COURty E)f QFaRge has adepted- -;;A A-FE-IffiPaRee beceme epeFative at 12:01 a.m. en januaFy 1, 1968 ' E)F en any lateF date, then this chapter shAll hPr-Amp eperative sirn ltaReeu sly with the opedat
e ate of said County er.die- Rce
SS2-62
C.. et1: e
v �RZT:T r
2.i6.01Q c ^vrr+c�T-'rci�
3.26.0290 ReFpose.
3.26. OR nef:„:tin"c.
3.2fi.n40QQ;Af@ig
-2. i 6vr%0 RoRmr.
3.26.n60 independent Vala d:+., of ne„d-s
3.26.980 rfFer-+ of n.., r nefe.+_
1.26.090 Autherity.
1 orn.,:j;:n„g; ef+M:g nrdina„ee a re„..„le+e Al+er„-.ti..e 2 9G n'I n Chart T:+le
a C)rdn
r:+., of Newport Beach
2 9G 020- Purpose.
The Goty findr, that thp Ardonpinc-,P C-,AdofiPd OR this chapter to establish a pFoGedure the ee-st ef financing imprevements, the City wall enable RGRPFA-fit- health care, recreatienal facalaties te levipff ee—st-s P-f thn-,-;t-- Services, te preiAd-i-z -hp-ttp-.r and- Mere efficient servace th-AR vieuild- etherwase be described in this n-.rd-*.n-;;nr--P- m.fill net result in any adve—r-se fin;;nr-q;;! impact on the City of Newpert Beach, ebligatieR to levy er impose taxes 9F assessments A—r ethe-R.vise -affect the fin-ances P-.r credit ef the City ef Newpert Beach.
SS2-63
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SS2-65
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to m, ake ;;i-.t;..n fer then nt .,f , h.,n.dg_ r n.dehte.dness• .. r
4 Obligate the City to pledge a ethe. ..see ..,her a r.f its assets. z 2c nrjn n. nd-r,
The City maV,, fFaFn tiRge te time, issue bE)Rds feF any of the puFpeses specified in subseefie.ps (A), (B) and (C) of SectiOR 3.26.04C). Bends shall be negetiable instruments fer all purpeses, subject enly te the ,f rch bends f.,r r irtrat;en
SS2-67
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SS2-68
Specification the
te default OR the duties the City
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or emissions act which shall constitute a of or
heelledlers Aef b9RdS, the h
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SS2-69
eutstanding bonds, either at their earliest er any subsequent redemptien date er dates er upen the be applied te such PLIFGh;-;'-;P- A_F retirement at maturity er redemp:�en Gn sweh P-]-RtP- A_.P aS may be 0 F= 2' W.—STCY.W. M
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76ncn independent Validity of Qen.JS
he pd n.Jer+hum er.den-,nce
+e .,fF.,C+ at';r InrJ 85 22§ 1/n +1 1045• n J Qn n > /n +1 19841 2 7G non CffeC+ of. llw.icc:en er Ilefe.•t
a R the preceediRgS shall net inv-plid—ate such preceediRgs er the beRds issued purS,_,_A.nt te this cKalmlin-aince. 2 7c n9n A..+hGFi+..
This ehapter. is full autheFity feF the aq-q-'-'-;;Rr--.P- A-f _hA_RdS by the City feF the puFpeses specified her.ein. 2 7G 1 nn Dre..icienc of. thic llydinanre a Complete Alternative things autheirizzedd This A_rdlip_;;nee -;h-;;" be deemed te pFE)vmde a cempiete, additiGRal -;;Rd- alternative methAd fE)F deiRg the @Rd shall be regarded as supplemeRtA. and- -ad-d—tie-nal te the power GeRferred --Its of any ether law appl*ca-hlp- te the iSsi-i-a.mce ef bends. The puFpesp-,-; authe—rized- hereby may that aRy other law may pFevide foF such puFpE)ser-, A_.r fA-P tht-m A-f -hA-.Pp-]-,; fA-.r liken purposes and witheut regard te the
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SS2-70
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he pd n.Jer+hum er.den-,nce
+e .,fF.,C+ at';r InrJ 85 22§ 1/n +1 1045• n J Qn n > /n +1 19841 2 7G non CffeC+ of. llw.icc:en er Ilefe.•t
a R the preceediRgS shall net inv-plid—ate such preceediRgs er the beRds issued purS,_,_A.nt te this cKalmlin-aince. 2 7c n9n A..+hGFi+..
This ehapter. is full autheFity feF the aq-q-'-'-;;Rr--.P- A-f _hA_RdS by the City feF the puFpeses specified her.ein. 2 7G 1 nn Dre..icienc of. thic llydinanre a Complete Alternative things autheirizzedd This A_rdlip_;;nee -;h-;;" be deemed te pFE)vmde a cempiete, additiGRal -;;Rd- alternative methAd fE)F deiRg the @Rd shall be regarded as supplemeRtA. and- -ad-d—tie-nal te the power GeRferred --Its of any ether law appl*ca-hlp- te the iSsi-i-a.mce ef bends. The puFpesp-,-; authe—rized- hereby may that aRy other law may pFevide foF such puFpE)ser-, A_.r fA-P tht-m A-f -hA-.Pp-]-,; fA-.r liken purposes and witheut regard te the
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SS2-70
To the exteRt that the provisions of this E)rdinaRCe are incensisteRt with the provisions of any general bGR dSr the pFeV*SieRS of this .,r.dwAaArCe 'Shall be .-I.,.,W ed- subseGt4op, sentenGe,
Giause eF of this fA-.r any reason held- W he invalid
r
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the Validity the
9f thP- A-.PH-wp;-;Pc--e. The City G9WRGil hereby that ha�.Ap Of PeP�eRS
this A-rdlimance
there4, irrespeetive
passed and each
Seetien, subseetion, sentenee, elause and phrase e
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SS2-71
Chapter 3.27
MUNICIPAL FACILITIES REVENUE BOND CODE
3.27.30 Definitions.
e e c s+r�gpew erspursuant -tA- thee Chirtpeir and the Genst+t-, tien the State. „City Ge cil" PA c the Git., CG ., Gii of the ri+
"State" mean -,; the -State Af GalifAirnwa-
3.27.110 Repayment of Bonds.
Revenues, or any portion thereof, as designated in the resolution, trust agreement or indenture authorizing the issuance of the bonds, shall be the sole source of funds pledged by the City for repayment of bonds issued hereunder shall not be deemed to constitute a debt or liability of the City or a pledge of the faith and credit of the City but shall be payable solely from revenues.
All bonds shall contain on the face thereof a statement to the following effect:
Neither the faith and credit nor the taxing power of the City of Newport Beach are pledged to the payment of the principal of or interest on this bond.
The issuance of bonds shall not directly, indirectly or contingently obligate the City Council to levy or pledge any form of taxation or to make any appropriation for their payment.
3.27.170 Provisions of this Chapter are Complete, Additional and Alternative.
This chapter shall be deemed to provide a complete, additional and alternative method for doing the things authorized hereby, and shall be regarded as supplemental and additional to the powers conferred by other laws. The issuance of bonds under the provisions of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds for an enterprise. The purposes authorized hereby may be effectuated and bonds are authorized to be issued for any such purposes under this chapter notwithstanding that any other law may provide for such purposes or for the issuance of bonds for like purposes and without regard to the requirements, restrictions, limitations or other provisions contained in any other law.
3.27.180 Judicial Validation Proceedings.
An action may be brought pursuant to Chapter 9 (commencing with Cal. Civ. Proc. Title 10, PaFt LSection 860 ^f Ti*i^' ^ ^f Part' ^f +h^ C-^^'^ ^f r-i.,ii Preced re ) to determine the validity of bonds and the legality and validity of all proceedings previously taken and proposed to be taken for the authorization, issuance, sale, and delivery of the bonds and for the payment of the principal thereof and interest thereon.
3.27.190 Amendment of Chapter.
This chapter shall not be amended so as to have a material, adverse eaffect upon the rights of the owners of any outstanding bonds theretofore issued hereunder, without the written consent of such bond owners; provided, however, that this chapter may be amended at any time (a) To make such provisions for the SS2-72
purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provisions herein contained, as the City may deem necessary or desirable; or (b) If such amendment does not materially impair or adversely affect the interests of any such bond owner in the opinion of the City Council; or (c) If such amendments apply solely to bonds not theretofore issued.
SS2-73
Chapter 3.28
VISITOR'S SERVICE FEE
3.28.010 Definitions.
City collectorP'^,^^^ Direetw The term "City collectorPpance ^ir^^ " shall mean the Finance Director of the City ^f ^'ewpE)Ft Beaeh or his or her designated representative.
Guest. The term "guest" shall mean any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of ealendar days as full days. Any individual occupying space in a hotel shall be deemed to be a guest until the period of thirty (30) days has expired, unless there is a qualifying rental agreement between the operator and the guest providing for a longer period of occupancy.
Time -Share Interest. The term "time-share interest" shall mean either a time-share estate or a time-share use (as those terms are defined in Cal. Bus. & Prof. Code Section 1121211nn1 -9 .,f the Q„s;A^SiS -,nd °r^f^ssiensCede) and any similar form of ownership involving a right in perpetuity, for life, or for a term of years, to occupy any room, space or area in a time-share project.
3.28.005 Findings and Purpose.
E. Businesses that provide lodging for visitors will play a key role in dispensing information to visitors, and the guests of hotels, motels and inns will be the principal beneficiaryies of the program;
3.28.040 Reporting and Remitting, Collection.
The operator shall be required to collect, report and remit all fees paid pursuant to this chapter in the same manner as required by Section 3.16.070.
3.28.045 Penalties and Interest.
Any operator who fails to collect and remit any fee imposed by this chapter within the time required shall be required to pay penalties and interest in the same manner and amounts as provided in Section
3.16.080.
3.28.057 Payment Required.
No injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the City or an officer thereof, to prevent or enjoin the collection of fees sought to be collected pursuant to this chapter. Payment of all fees, interest and penalties is a required condition precedent to seeking judicial review of any fee -liability under this chapter.
3.28.060 Duty of Successor of Operator.
A. If an operator who is liable for any fee or penalties under this chapter sells or otherwise disposes of the hotel operation, his/her successor shall notify the Finance Director of the date of sale at least thirty (30) days before the date of sale, or if the decision to sell was made less than thirty (30) days prior to the actual sale, then immediately and shall upon withhold a sufficient portion of the purchase price to equal the amount of any unpaid fees or penalty until the selling operator produces a receipt from the Finance SS2-74
Director showing that the fees or penaltyies haves been paid or a clearance certificate from the Finance Director stating that no fee or penalty is due. If the seller does not present a receipt or clearance certificate within thirty (30) days after such successor commences to conduct business, the successor shall deposit the withheld amount with the Finance Director pending settlement of the account of the seller.
3.28.070 Refunds.
A. Claim Required. Whenever the amount of any fee, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in subsections (B) and (C) of this section; provided, that a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Finance Director within one 1 wee -years of the date of payment. The claim shall be on forms furnished by the Finance Director.
3.28.075 Notice.
Any notice required to be given pursuant to this chapter, shall be deemed given if persenally served on the operator or the operator's representative, 9F if deposited in the United Stat S, Mail first class postage pFep ):i , in the manner provided in Section 1.08.080 and addressed to the operator at the address shown on the transient occupancy registration certificate.
3.28.080 Fee Declared a Debt —Action to Collect.
Any fee collected by an operator pursuant to this chapter that has not been paid to the City fee an operator has failed to collect, or penalty or interest due from an operator shall be deemed a debt owed by the operator to the City and the operator shall be liable in an action brought in the name of the City of Newport Beach for the recovery such amount of the ,,.,..effli#- d f^^.
3.28.085 Penalty for Violations.
NoA,, y operator or other person shallw#s willfully_ (A) fails or refuses to register as required by this chapter; (B) fails to make any return required by this chapter; (C) fails or refuses to furnish a supplemental return or other data required by the Finance Director; or (D) makes a false or fraudulent return or claim; SS2-75
Chapter 3.30
AIR QUALITY IMPROVEMENT TRUST FUND
3.30.010 Findings.
D. Cities and counties have the opportunity to implement programs and projects that reduce air polluting emissions from mobile sources in order that the SCAB attain State and federal ambient air quality standards as required by the California Clean Air Act of 1988, Cal. Health &a-r4 Safety Code section 39000 et seq.
G. For cCities and cCounties located within the jurisdiction of the SCAQMD that comply with Section 44243 of the Cal. Health & apA-Saf.ety Code, forty cents ($.40) of every dollar collected under Cal. Health & Saf. Code Section 44223 ^f the Health and Safety Ge J^ shall be distributed to the cCities and cCounties on the basis of the jurisdiction's prorated share of population as defined by the State Department of Finance.
H. Cities and cCounties that fail to adopt an oOrdinance pursuant to Cal. Health & Saf. Code Section 44243(b) .,f the C—alif^rPia H alth and Safety Cede shall have the fee revenues which would be distributed to that City or County distributed to the other cCities and cCounties within the jurisdiction of the SCAQMD which have adopted an ordinance pursuant to Section 44243(b) based on their prorated share of registered motor vehicles.
3.30.020 Intent.
The intent of this chapter is to establish a special fund to receive revenue distributed by the SCAQMD, to support the SCAQMD's imposition of the additional vehicle registration fee and to bring the City into compliance with the requirements set forth in Cal. Health & Saf. Code Section 44243 ^f the Wealth - nd- Saft�e-in order to receive fee revenues for the purpose of implementing mobile source air pollution reduction programs.
3.30.030 Definitions.
A. "City" shall the City ^f Newport Beach.
� urea„-�-r� � ��
-9A. "Mobile source air pollution reduction programs" shall mean any program or project implemented by the City to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the plan proposed pursuant to Cal. Health & Saf. Code A.rt#se S-Divrsmen 26 Part3, Chapter 5.5,�sk� (,.^Y, FR ^ With Section 40460 et seg.) of Chapter C C f oar+ R- f the ralof mia Wealth -;;nd- Safety Code.
BC. "Fee Administrator" shall mean the Finance Director of the City ^r the P;r,-,r,,.^ ^;reeter's el
3.30.040 Administration.
E. Audits. The City consents to providing the findings of its annual independent audit for mobile source air pollution reduction programs and projects financed by the additional motor vehicle registration fee.
The audit of those programs and projects shall be conducted in accordance with the procedure established to fulfill the audit requirement under Cal. Health & Saf. Code Section 44244.1. ^f the Health and Safer„ Cede.
SS2-76
F. Appeals. The City shall have the right to appeal the findings and determinations made as a result of the SCAQMD audit procedure through the public hearing process described in Cal. Health & Saf. Code Section 44244.4-�C-1) ^f the Health and Safety Ce4e.
SS2-77
Sections:
3.32.010 Definitions.
Chapter 3.32
SPECIAL IMPROVEMENT DISTRICT FINANCING CODE
Article I. Definitions
Article II. General Provisions
3.32.020 Short Title.
3.32.030 Municipal and State Affairs —Authority Conferred by Code —Applicability of Laws.
3.22.040 GO;,mEtRg PFG490sic-.s—c,,.,, Fab;l;+.,
3.32.050 Actions or Determinations by Local Agency.
3.32.060 Establishment of Special Improvement District to Finance Certain Additional Services.
3.32.070 Additional Financing Powers of District —Purchase, Construction, Expansion, Improvement, Rehabilitation, or Planning and Design Work of Real or Tangible Property.
3.32-04n Adjustments ' Ad Valer��F�� T
v� Sti�C�zo�la-.�-.i..vr CKt 5
Within Proposed DistFir;&.
3.32.100 Additional District Financing Powers.
3.32.110 Transfer of Funds —Use of Money —Interest.
3.32.120 Advances of Funds or Work In -kind —Acceptance by City Council —Use —Repayment — Agreement —Conditions.
3.32.130 Liberal Construction of Code —Error, Irregularity, Neglect or Omission.
3.32.140 Failure to Receive Notice, Resolution, Order, or Other Matter Not Affecting Proceedings.
3.32.150 Application of Code —Authority to Create Special Improvement Districts.
3.32.160 Special Ttax—Property Acquired by Public Entity Through Negotiated Transaction or by Gift or Device.
3.32.170 Special Tax —Special Assessment on Property Acquired by Public Entity Through Eminent Domain.
Article III. Proceedings to Create a Special Improvement District
3.32.180 Institution of Proceeding —Request —Petition —Fee.
3.32.190 Prohibition of LAFCO from Review, Approval or Disapproval of Creation of or Annexation or Detachment of Territory from a District.
SS2-78
3.32.200 Petition —Contents —Findings as to Requisite Number of Signers.
3.32.210 Resolution of Intention to Establish District —Time for Adoption.
3.32.220 Resolution of Intention to Establish Special Improvement District —Contents.
3.32.230 Reports and Estimate of Costs by Responsible Officers —Remedial Action Plan for Cleanup of Hazardous Substance —Inclusion in Record of Hearing.
3.32.240 Notice of Hearing.
3.32.250 Notice of Hearing by Mail to Registered Voters and Landowners Within Proposed District.
3.32.260 Protests —Interested Persons or Taxpayer.
3.32.270 Written Protest —Further Proceedings to Create District —Elimination of Special Tax or Types of Facilities or Services From Resolution of Formation.
3.32.280 Hearing —Continuances —Time Limitation —Exception —Modification of Resolution of Intention —Determination to Abandon or Proceed With Establishment of District.
3.32.290 Adoption of Resolution of Formation Establishing District —Contents —Finding Concerning Validity and Conformity of Prior Proceedings.
3.32.300 Special Tax —Basis for Apportionment.
3.32.310 Noncontiguous Areas —Alteration of Boundaries.
3.32.320 Establishment or Changing Appropriations Limit —Election on Proposition —Adjustment.
3.32.330 Special Tax Levy —Election —Voter Qualifications —Ballots.
3.32.340 Election Laws Governing —Ballot Materials.
3.32.350 Election by Mail Ballot.
3.32.360 Special Tax Levy.
3.32.370 Recordation and Notice of Special Tax Lien —Site of Record.
3.32.380 Application of California-m Streets and Highway Code With Respect to Special Taxes — Filings.
3.32.390 Special Tax Levy —Effect of Failure to Receive Approval by Two-thirds of Voters.
3.32.400 Owners Not Required to Present Sealed Proposals or Bids —Election Not to Perform Work — Contract With Original Bidder.
Article IV. Extension of Authorized Facilities and Services and Changes in Special Taxes
3.32.410 Types of Facilities and Services Financed.
3.32.420 Buyers of Certain Residential Property —Induced Waiver of Right to Petition or Take Other Action Prohibited.
SS2-79
3.32.430 Special Tax —Levy and Apportionment —Cessation of Tax and Lien.
3.32.440 Types of Facilities and Services Provided.
3.32.450 Resolution of Consideration —Change in Types of Facilities and Services Financed.
3.32.460 Resolution of Consideration to Make Changes in Facilities, Services or Special Taxes — Petition —Fee.
3.32.470 Petition to Make Specified Changes to Types of Public Facilities —Separate Instruments — Signatures.
3.32.480 Resolution of Consideration —Form.
3.32.490 Resolution of Intention to Make Changes in Facilities, Services or Special Taxes —Notice of Hearing.
3.32.500 Resolution of Intention to Make Changes in Facilities, Services or Special Taxes —Protests.
3.32.510 Written Protests Against Changes —Elimination From Resolution.
3.32.520 Hearing —Time —Abandonment of Proceeding or Submission of Question to Qualified Electors —Determination of Legal Effect of Proposed Levy or of Changes in Facilities and Services — Notice of Changes.
3.32.530 Dissolution of Special Improvement District —Findings —Dissolution of Liens.
Article V. Annexation of Territory
3.32.540 Authorization.
3.32.550 Adoption of Resolution of Intention.
3.32.560 Resolution of Intention —Contents.
3.32.570 Notice of Hearing.
3.32.580 Protests.
3.32.590 Abandonment of Proposal —Required Number of Written Protests.
3.32.600 Continuance and Duration of Hearing —Abandonment of Proceedings —Submission of Special Tax Question to Electors —Annexation of Territory —Effectiveness of Ballots Contingent on Passage of Other Ballot Measures.
3.32.610 Addition of Territory With Full Legal Effect —Special Tax Levy.
3.32.620 Failure to Receive Approval of Two-thirds of Voters —Prohibition of Further Action.
Article VI. Procedures for Levying
3.32.630 Ordinance —Tax Rate and Apportionment —Exemption of Governmental Properties and Entities From Special Tax —Use of Tax Proceeds —Tax Collection, Penalties, etc. —Lien to Secure Levy of Special Taxes.
SS2-80
3.32.640 Preparation of Current Roll of Special Tax Levy Obligations —Designation of Responsible Office —Estimation of Future Special Tax Levies —Liability for Inaccurate Estimates —Notice of Special Tax —Form.
3.32.650 Actions or Proceedings to Attack, Review, Set Aside, Void, or Annul Levy of Special Tax or Increase in Special Tax —Time for Commencement —Time for Perfection of Appeal From Final Judgment.
3.32.660 Sale or Lease of Lot, Parcel or Unit of Subdivision —Notice of Special Tax —Form — Termination of Agreement —Violations and Penalties.
3.32.670 Manner of Fixing and Collecting Charges.
3.32.680 Use of Charges for Authorized Facilities and Services.
3.32.690 Prepayment and Satisfaction of Special Tax Lien —Notice of Cancellation of Lien.
Article VII. Bonds
3.32.700 Resolution to Incur Bonded Indebtedness.
3.32.710 Inclusion of Certain Costs and Estimated Costs in Proposed Bonded Indebtedness.
3.32.720 Notice of Hearing on Resolution.
3.32.730 Hearing —Proceeding With.
3.32.740 Hearing —Interested Persons.
3.32.750 Improvement Area —Resolution Designating —Application of Proceedings.
3.32.760 Resolution —Bonded Indebtedness.
3.32.770 Resolution to Incur Bonded Indebtedness —Notice of Election —Publication.
3.32.780 Ballot Propositions.
3.32.790 Separate Ballots.
3.32.800 Revenue Anticipation Bonds —Votes Required for Issuance.
3.32.810 Resolution Relating to Form, Execution and Issuance of Bonds.
3.32.820 Action to Foreclose Liens —Cumulative Remedy —Resolution to Diligently Pursue Foreclosure Action —Collection of Delinquent Charges.
3.32.830 Credit to Tax Collector on Current Tax Roll of Amount Foreclosed —Responsibility for Amounts Not Foreclosed —Costs of Removing Sums From Tax Roll.
3.32.840 Dismissal of Action Before Judgment in Foreclosure Action —Payment of Specified Amounts.
3.32.850 Complainant and Time for Bringing Foreclosure Action —Contents of Complaint.
3.32.860 Judgment Decree —Contents —Am ount—Attorney's Fees —Application of General Foreclosure Provisions.
SS2-81
3.32.870 Price of Property Sold.
3.32.880 Computation Errors —Validity of Special Tax Installment, Interest or Penalty.
3.32.890 Signatures on Bonds or Coupons —Place Bonds Are Payable.
3.32.900 Special Tax or Charge for Outstanding Bonded Debt.
3.32.910 Action to Determine Validity of Bonds or Special Tax Levy.
3.32.920 Sale of Bonds —Bids and Bidding.
3.32.930 Variable Interest Rate.
3.32.940 Force, Value and Use of Bonds —Exemption From State Taxation.
3.32.950 Refunding Bonds —Resolution.
3.32.960 Limitation on Issuance of Refunding Bonds —Principal Amount of Refunding Bonds.
3.32.970 Reduction of Bonded Indebtedness by Amount of Issued Refunding Bonds.
3.32.980 Refunding Bonds —Issuance Without Repetition of Procedures Required for Approval of Original Bond Issue.
3.32.990 Refunding Bonds —Resolution for Issuance.
3.32.1000 Refunding Bonds —Exchange or Sale.
3.32.1010 Amount of Proceeds and Investments in Funding Fund.
3.32.1020 Refunding Bonds —Use of Savings —Reduction of Tax Levy.
3.32.1030 Callable Bonds.
3.32.1040 Borrowing Money in Anticipation of Sale of Bonds —Issuance of Negotiable Bond Anticipation Notes —Renewal of Notes.
3.32.010 Definitions.
Unless the context otherwise requires, the definitions contained in this awe -section shall govern the construction of this C-ed hapter.
CA. "Cost" means the expense of constructing or purchasing the public facility and of related land, right- of-way, easements, including incidental expenses, and the cost of providing authorized services, including incidental expenses.
SS2-82
B.D. "Debt" means any binding obligation to pay or repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts.
C€. "Incidental expense" includes all of the following:
1. The cost of planning and designing public facilities to be financed pursuant to this Code, including the cost of environmental evaluations of those facilities.
2. The costs associated with the creation of the special improvement district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the special improvement district.
3. Any other expenses incidental to the construction, completion, and inspection of the authorized work.
D-P. "Landowner" or "owner of land" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of the land by the City. The City Council has no obligation to obtain other information as to the ownership of the land, and its determination of ownership shall be final and conclusive for the purposes of this Code. A public agency is not a landowner or owner of land for purposes of this Code.
EG. "Legislative body" means the legislative body or governing board of any local agency.
F#. "Local agency" means any c&Qty or cCounty, whether general law or chartered, special district, school district, joint powers entity created pursuant to Cal. Gov. Code, Title 1, Division 7, Chapter 5 ,g w4h-Section 6500 et seg.) of Divisi^^' of T,+l , {+h Cali f,,.-l;a r-,,.,,,..,., ent Cede, or any other municipal corporation, district, or political subdivision of the State.
G1. "Rate" means a single rate of tax or a schedule of rates.
Hd. "Services" means the provision of police and fire protection services, recreation programs, library services, operation and maintenance of museums and cultural facilities, the operation and maintenance of parks and parkways, and the provision of flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems. "Services" includes the performance by employees of functions, operations, maintenance, and repair activities. 1K. "Special improvement district" means a legally constituted governmental entity established pursuant to this Code for the sole purpose of financing facilities and services.
3.32.030 Municipal and State Affairs —Authority Conferred by Code —Applicability of Laws.
This Code is adopted pursuant to Sectien 200 f+ti City Charter Section 200ef the Gity of ni,,,.,pert Bea�H In proceedings had pursuant to this Code which are a municipal affair, any general laws referred to in this Code are deemed a part of this Code.
In the event that any proceeding had pursuant to this Code shall be adjudged a matter of statewide concernState it is declared to be the intention that the proceedings were had pursuant to any applicable general law or laws.
SS2-83
This Code provides an alternative method of financing certain public capital facilities and services. The provisions of this Code shall not affect or limit any other provisions of law authorizing or providing for the furnishing of governmental facilities or services or the raising of revenue for these purposes. The City may use the provisions of this Code instead of any other method of financing part or all of the cost of providing the authorized kinds of capital facilities and services. 332.040-GenMEting
3.32.060 Establishment of Special Improvement District to Finance Certain Additional Services.
F. Services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment. As used in this subdivision, the terms "remedial action" and "removal" shall have the meanings set forth in Cal. Health & Saf. Code Sections 25322 and 25323, respectively, of the Gal;fern;a Health -,nd caf +., and the term "hazardous substance" shall have the meaning set forth in Cal. Health & Saf.ety Code Section 25281 of the Calif^..
Health and Safety Cede Special improvement districts shall provide the State Department of Health Services and local health and building departments with notification of any cleanup activity pursuant to this subdivision at least thirty (30) days prior to commencement of the activity.
3.32.070 Additional Financing Powers of District —Purchase, Construction, Expansion, Improvement, Rehabilitation, or Planning and Design Work of Real or Tangible Property.
D. The district may also finance the construction or undergrounding of water transmission and distribution facilities, natural gas pipeline facilities, telephone lines, facilities for the transmission or distribution of electrical energy, and cable television lines. The district may enter into an agreement with a public utility to utilize those facilities to provide a particular service and for the conveyance of those facilities to the public utility. "Public utility" shall include all utilities, whether public and regulated by the Public Utilities Commission, or municipal. If the facilities are conveyed to the public utility, the agreement shall provide that the cost or a portion of the cost of the facilities that are the responsibility of the utility shall be refunded by the public utility to the district or improvement area thereof, to the extent that refunds are applicable pursuant to:; (1) the Cal. Pub.4e Util.Aie-s Code or rules of the Public Utilities Commission, as to utilities regulated by the commission; or (2) other laws regulating public utilities. Any reimbursement made to the district shall be utilized to reduce or minimize the special tax levied within the district or improvement area, or to construct or acquire additional facilities within the district or improvement area, as specified in the resolution of formation.
H. 1. A district may also pay for the following:
a. Work deemed necessary to bring buildings or real property, including privately owned buildings or real property, into compliance with seismic safety standards or regulations.
No project involving the dismantling of an existing building and its replacement by a new building, nor the construction of a new or substantially new building may be financed SS2-84
pursuant to subsection (H)(1)(a) of this section. Work on qualified historical buildings or structures shall be done in accordance with the State Historical Building Code (Cal. Health & Saf. Code Division 13, Part 2.7, (cemm^^Gi^^ With Section 18950 et seq.) of Dk ,i�i^^ 13 A-f thP- Califernia Wealth and Safety Cede).
b. In addition, within any County or area designated by the President of the United States or by the Governor as a disaster area or for which the Governor has proclaimed the existence of a state of emergency because of earthquake damage, a district may also pay for any work deemed necessary to repair any damage to real property directly or indirectly caused by the occurrence of an earthquake cited in the President's or the Governor's designation or proclamation, or by aftershocks associated with that earthquake, including work to reconstruct, repair, shore up, or replace any building damaged or destroyed by the earthquake. Work may be financed pursuant to this subsection (H)(1)(b) efthis <^^*i^^ only on property or buildings identified in a resolution of intention to establish a special improvement district adopted within seven (7) years of the date on which the County or area is designated as a disaster area by the President or by the Governor or on which the Governor proclaims for the area the existence of a state of emergency.
2. Work on privately owned property, including reconstruction or replacement of privately owned buildings pursuant to subsection (H)(1)(b) of this sSection, may be financed by a tax levy only if all of the votes cast on the question of levying the tax, ••�Tfavor ef-levying the tax, or with the prior written consent to the tax of the owners of all property which may be subject to the tax, in which case the prior written consent shall be deemed to constitute a vote in favor of the tax and any associated bond issue. Any district created to finance seismic safety work on privately owned buildings, including repair, reconstruction or replacement of privately owned buildings pursuant to this subsection (H) of this s^^'' shall consist only of lots or parcels en w hiehthat the City Council finds were the sites of buildings damaged or destroyed by an earthquake cited in the President's or the Governor's designation or proclamationt.hat the buildings to be w erke' en repaired, reconstructed, ^ placed by the earthquake cited pursuant We (H)(1)(b) er by the aftersheeks n-f that a. A district may also pay for the following:
i. Work deemed necessary to repair and abate damage caused to privately owned buildings and structures by soil deterioration. "Soil deterioration" means a chemical reaction by soils that causes structural damage or defects in construction materials including concrete, steel, and ductile or cast iron. No project involving the dismantling of an existing building or structure and its replacement by a new building or structure, nor the construction of a new or substantially new building or structure may be financed pursuant to this subsection (a)(i) ^f+h;<
ii. Work on privately owned buildings and structures pursuant to this subsection (a) ^f this <^^*i^^, including reconstruction, repair, and abatement of damage caused by soil deterioration, may only be financed by a tax levy if all of the votes SS2-85
cast on the question of levying the tax vote On favor of -levying the tax. Any district created to finance the work on privately owned buildings or structures, including reconstruction, repair, and abatement of damage caused by soil deterioration, shall consist only of lots or parcels op_w4ie"that the City Council finds that bwA dongs to hp , rked- n+ t +hi.- suffer from soil
deterioration.
3.3.2.0-z�n�twepisTia,Ad Valorem FeaTaxes—Findings.
w An of
the public heaFiRg held r Rt to Article III A,f this ehapter• pedeht.,.JneSS ineurred to fi. apr_-e Instru�+ielp Af C- pat -.I f-,eiIi+;es, (A) of this s.,e h
A.d-. ValoFem PFopekyTax Revenue Due From Parcels
ripht irIPnt:ifiPd Si-r-tinn shall net he after the date en which the resel-IJAP Af fe_.rrn_;Aie_.n for the special imprevement district is adepted, er -Pift-eir a 11-ate-Ir al -ate dete.r.P.A.1i Red by the City R. The Gity CeURGOI MaYL, by E)FdiRaRGe, With the GeRGUrrenee of the legislative bedy that levied the en property tax revenue established 131--r-ruant to subsectien (A) of this sectien, upen determining that the the capital facilities specified in Sub-sectien (B) of Sectien 3.32.080- shall cease to -he levied- And Gellected.
3.32.100 Additional District Financing Powers.
Pursuant to Section 3.32.070, a special improvement district may also finance the acquisition, improvement, rehabilitation, or maintenance of any real or other tangible property, whether privately or publicly owned, for the purposes described in s bsectien (F ^f Section 3.32.060(F).
3.32.120 Advances of Funds or Work In -kind —Acceptance by City Council —Use —Repayment — Agreement —Conditions.
A. At any time either before or after the formation of the district, the City Council may accept advances of funds or work in -kind from any source, including, but not limited to, private persons or private entities SS2-86
and may provide by resolution; for the use of those funds or that work in -kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating then special improvement district. The City Council may enter into an agreement, by resolution, with the person or entity advancing the funds or work in -kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work in -kind, as determined by the City Council, with or without interest, under all of the following conditions:
1. The proposal to repay the funds or the value or cost of the work in -kind, whichever is less, is included in the resolution of intention to establish then district or in the resolution of formation to establish the district, or in the resolution of consideration to alter the types of public facilities and services provided within an established district.
2. Any proposed special tax or change in a special tax is approved by the qualified electors of the district PUFSUaRt t^ t"or, Gede. Any agreement shall specify that if the qualified electors of the district do not approve the proposed special tax or change in a special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds.
3. Any work in -kind accepted pursuant to this section shall have been performed or constructed as if the work had been performed or constructed under the direction and supervision, or under the authority of, the local agency.
3.32.170 Special Tax —Special Assessment on Property Acquired by Public Entity Through Eminent Domain.
If property subject to a special tax levied pursuant to this Code is acquired by a public entity through eminent domain proceedings, the obligation to pay the special tax shall be treated, pursuant to Cal. Civ.
Proc. Code Section 1265.250 ^f the G-alife-Ppia r^,_^ f r0.41 o,-^,.^,1„r as if it were a special annual assessment. For this purpose, the present value of the obligation to pay a special tax to pay the principal and interest on any indebtedness incurred by the district prior to the date of apportionment determined pursuant to Cal. Civ. Proc. Code Section 5082 ^f the G-alifA_Mia ReveR„e ,pal Tawat;,,r r^ �^ shall be treated the same as a fixed lien special assessment.
3.32.190 Prohibition of LAFCO From Review, Approval or Disapproval of Creation of or Annexation or Detachment of Territory from a District.
Notwithstanding any provision of Cal. Gov. Code, Title 5, Division 3, Part 1, (Gern eReiRg ;•fith Section 56000 et seq. ) of D;v;sien 3 ^f the California r-.,.,^,-.,ment Cede, a local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to create a special improvement district or a proposal to annex territory to, or detach territory from, such district, pursuant to this Code.
3.32.220 Resolution of Intention to Establish Special Improvement District —Contents.
Proceedings for the establishment of a special improvement district shall be instituted by the adoption of a resolution of intention to establish the district, which shall do all of the following:
A. State that a special improvement district is proposed to be established under the terms of this Code and describe the boundaries of the territory proposed for inclusion in the district, which may be accomplished by reference to a map on file in the office of the Clerk, showing the proposed special SS2-87
improvement district. The boundaries of the territory proposed for inclusion in the district shall include the entirety of any parcel subject to taxation by the proposed district.
B. State the name proposed for the district in substantially the following form: "City of Newport Beach Special Improvement District No. "
C. Describe the public facilities and services proposed to be financed by the district pursuant to this Code.
The description may be general and may include alternatives and options, but it shall be sufficiently informative to allow a taxpayer within the district to understand what the funds of the district may be used to finance. If the purchase of completed public facilities or the incurring of incidental expenses is proposed, the resolution shall identify those facilities or expenses. If facilities are proposed to be financed through any financing plan, including, but not limited to, any lease, lease -purchase, or installment - purchase arrangement, the resolution shall briefly describe the proposed arrangement.
D. State that, except where funds are otherwise available, a special tax sufficient to pay for all facilities and services, secured by recordation of a continuing lien against all nonexempt real property in the district, will be annually levied within the districtaFea. The resolution shall specify the rate, method of apportionment, and manner of collection of the special tax in sufficient detail to allow each landowner or resident within the proposed district to estimate the maximum amount that he or she will have to pay.
The City Council may specify conditions under which the obligation to pay the specified special tax may be prepaid and permanently satisfied.
In the case of any special tax to pay for public facilities and to be levied against any parcel used for private residential purposes, (1) the maximum special tax shall be specified as a dollar amount which shall be calculated and thereby established not later than the date on which the parcel is first subject to the tax because of its use for private residential purposes, which amount shall not be increased ever time ^xe^p+ that it m be increased by a arneunt net to e edby more than two percent per year, (2) the resolution shall specify a tax year after which no further special tax subject to this sentence shall be levied or collected, and the resolution shall specify that under no circumstances will the special tax levied against any parcel subject to this sentence be increased by more than ten (10) percent- as a consequence of delinquency or default by the owner of any other parcel or parcels within the district by FRE)Fe +haR ten perGeet. For purposes of this subsection (D) of *hi< Sectie-R, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. Nothing in this subsection is intended to prohibit the City Council from establishing different tax rates for different categories of residential property, or from changing the dollar amount of the special tax for at#e parcel if the size of the residence is increased or if the size or use of the parcel is changed.
E. Fix a time and place for a public hearing on the establishment of the district which shall not be less than thirty (30) or more than sixty (60) days after the adoption of the resolution.
Fri. Describe the proposed voting procedure.
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3.32.230 Reports and Estimate of Costs by Responsible Officers —Remedial Action Plan for Cleanup of Hazardous Substance —Inclusion in Record of Hearing.
At the time of the adoption of the resolution of intention to establish a special improvement district, the City Council shall direct each of its officers who is or will be responsible for providing one or more of the proposed types of public facilities or services to be financed by the district, if it is established, to study the proposed district and, at or before the time of the hearing, file a report with the City Council containing a brief description of the public facilities and services by type which will in his or her opinion be required to adequately meet the needs of the district and his or her estimate of the cost of providing those public facilities and services. If the purchase of completed public facilities or the payment of incidental expenses is proposed, the City Council shall direct its appropriate officer to estimate the fair and reasonable cost of those facilities or incidental expenses. If removal or remedial action for the cleanup of any hazardous substance is proposed, the City Council shall (1) direct its responsible officer to prepare or cause to be prepared, a remedial action plan based upon factors comparable to those described in Cal. Health & Saf.
Code Section 25356.1 subdivision (de) of Seat^" 2-5396 ^f +h^ G-,l;fe-Mia Health ^d_ Safety Gede or (2) determine, on the basis of the particular facts and circumstances, which shall be comparable to those described in Cal. Health & Saf. Code Section 25356.1 subdivision (hg)_L31^f c^,-+;^�c ^f +h., Cual;ferp;a Health ;4pd q fety Cede, that the remedial action is not required. All of those reports shall be made a part of the record of the hearing on the resolution of intention to establish the district.
3.32.240 Notice of Hearing.
A. The Clerk shall publish a notice of the hearing pursuant to Cal. Gov. Code Sections 6060 and 6061 e# the C-life-Mia Geve-.,., ent Cede in a newspaper of general circulation published in the area of the proposed district. Publication shall be complete at least seven (days prior to the date of the hearing.
3.32.270 Written Protest —Further Proceedings to Create District —Elimination of Special Tax or Types of Facilities or Services From Resolution of Formation.
If fifty (50) percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the district, or the owners of one-half or more of the area of the land in the territory proposed to be included in the district and not exempt from the special tax, file written protests against the establishment of the district, and protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to create the specified special improvement district or to levy the specified special tax shall be taken for a period of one year from the date of the decision of the City Council.
If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation. but the formation may otherwise proceed.
3.32.290 Adoption of Resolution of Formation Establishing District —Contents —Finding Concerning Validity and Conformity of Prior Proceedings.
A. If the City Council determines to establish the district, it shall adopt a resolution of formation establishing the district.
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The resolution of formation shall contain all of the information required to be included in the resolution of intention to establish the district specified in Section 3.32.220. If a special tax is proposed to be levied in the district to pay for any facilities or services and the special tax has not been eliminated by majority protest pursuant to Section 3.32.270, the resolution shall:
1. State that the proposed special tax to be levied within the district has not been precluded by majority protest pursuant to Section 3.32.270.
2. Identify any facilities or services proposed to be funded with the special tax.
3. Set forth the name, address, and telephone number of the office, department, or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 3.32.640.
4. State that upon recordation of a notice of special tax lien pursuant to Cal. Sts. & Hy. Code Section 3114.5 ^f the G-alifOrRi, Streets Rd High . aYS r a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the district and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases.
5. Set forth the County of Recordation and the book and page in the Book of Maps of Assessments and Community Facilities Districts in the County Recorder's office where the boundary map of the proposed special improvement district has been recorded pursuant to Cal.
Sts. & Hy. Code Sections 3111 and 3113. ^f+h^ r.,I;fAr ;a Street- and Hi gh,. ays r^ �^
3.32.320 Establishment or Changing Appropriations Limit —Election on !proposition —Adjustment.
The City Council may submit a proposition to establish or change the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of a special improvement district to the qualified electors of a proposed or established district. The proposition establishing or changing the appropriations limit shall become effective if approved by the qualified electors voting on the proposition and shall be adjusted for changes in the cost of living and changes in populations, as defined by Cal. Gov.
Code Section 7901 subdivisions (b) and (c) of c^,.+;^., 7on1 f the C-alife-Mia Revenue and Taxation r^d^ except that the change in population may be estimated by the City Council in the absence of an estimate by the Department of Finance, and in accordance with Section 1 of Article XIII B of the California Constitution. For purposes of adjusting for changes in population, the population of the district shall be deemed to be at least one person during each calendar year.
3.32.330 Special Tax Levy —Election —Voter Qualifications —Ballots.
A. The City Council shall then submit the levy of any special taxes to the qualified electors of the proposed special improvement district subject to the levy or to the qualified electors of the territory to be annexed by the special improvement district subject to the levy in the next general election or in a special election to be held, notwithstanding any other requirement, including any requirement that elections be held on specified dates, contained in the Ca"�Ra Cal. Elec.tieos Code, at least ninety (90) days, but not more than one hundred eighty (180) days, following the adoption of the resolution of formation. The City Council shall provide the resolution of formation, a certified map of sufficient scale and clarity to show the SS2-90
boundaries of the district, and a sufficient description to allow the election official to determine the boundaries of the district to the official conducting the election within three business days after the adoption of the resolution of formation. Assessor's parcel numbers for the land within the district shall be included if it is a landowner election or the district does not conform to an existing district's boundaries and if requested by the official conducting the election. If the election is to be held less than one hundred twenty-five (125) days following the adoption of the resolution of formation, the concurrence of the election official conducting the election shall be required. However, any time limit specified by this section or requirement pertaining to the conduct of the election, including any time limit or requirement applicable to any election conducted pursuant to Article VI of this chapter, may be waived with the unanimous consent of the qualified electors of the proposed district and the concurrence of the election official conducting the election.
3.32.340 Election Laws Governing —Ballot Materials.
A. Except as otherwise provided in this Code, the provisions of law regulating elections of the City, insofar as they may be applicable, shall govern all elections conducted pursuant to this Code. Except as provided in subsection (B) of this section, there shall be prepared and included in the ballot material provided to each voter, an impartial analysis pursuant to Cal. Elec. Code Section 9280 50" of the calif^r„aa FE'^6tiens Cie, and arguments and rebuttals, if any, pursuant to Cal. Elec. Code Sections 92815012 to 9287-541-C, FRGIUSiVe, a�l;d 50-25 "fie califfA_FAOa P_lPcc AAA CAv"rc.
B. If the vote is to be by the landowners of the proposed district, analysis and arguments maybe waived with the unanimous consent of all the landowners and shall be so stated in the order for the election.
3.32.370 Recordation and Notice of Special Tax Lien —Site of Record.
Upon a determination by the City Council that the requisite two-thirds of votes cast in an election held pursuant to Section 3.32.330 are in favor of levying the special tax, the Clerk shall record the notice of special tax lien provided for in Cal. Sts. & Hy. Code Section 3114.5 of the Calif,,.„;a Streets „d Highways Code, whereupon the lien of the special tax shall attach as provided in Cal. Sts. & Hy. Code Section 3115.5. of hP- CalifE)FRia-Streets and HrghWaYS C-A-de. The notice of special tax lien shall be recorded in the office of the County Recorder in each County in which any portion of the district is located.
3.32.380 Application of California Streets and Highway Code With Respect to Special Taxes —Filings.
Cal. Sts. & Hy. Code
section 3100 et seq. applies with respect to any proceedings undertaken pursuant to this Code. This Code is a "principal act" as that term is defined in Cal. Sts. & Hv. Code Section 3100 ^f the Calif,,,-„;@ Streets aR
3.32.520 Hearing —Time —Abandonment of Proceeding or Submission of Question to Qualified Electors —Determination of Legal Effect of Proposed Levy or of Changes in Facilities and Services — Notice of Changes.
C. Upon adoption of a resolution of change, the Clerk shall record notice of the changes pursuant to Cal.
Sts. & Hy. Code Section 3117.S of the Galifer„ia Streets and Highways C
3.32.530 Dissolution of Special Improvement District —Findings —Dissolution of Liens.
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B. That the district has no authorization to levy any special tax. Upon dissolving a district, the City Council shall cause an addendum to be recorded to the notice of special tax lien recorded pursuant to Cal Sts & Hy. Code Section 3114.5 ^f the CalifGFRia StFeetS and Hffigh aYS CAPIP which shall state that the special improvement district and all associated liens, if any, have been dissolved.
3.32.550 Adoption of Resolution of Intention.
If the City Council determines that public convenience and necessity require that territory be added to an existing special improvement district, or if the voters residing within certain territory or iowners of land there request the City Council to include territory within the district, the City Council may adopt a resolution of intention to annex the territory or to provide for future annexation of the territory.
3.32.600 Continuance and Duration of Hearing —Abandonment of Proceedings —Submission of Special Tax Question to Electors —Annexation of Territory —Effectiveness of Ballots Contingent on Passage of Other Ballot Measures.
A. The hearing may be continued from time to time, but shall be completed within thirty (30) days, provided that the City Council may extend that time up to six (6) months if it determines that it is in the public interest to do so. At the conclusion of the hearing, the City Council may abandon the proceedings, or may, after passing upon all protests, submit the question of levying a special tax within the area proposed to be annexed to the existing special improvement district to the qualified electors of the area proposed to be annexed as specified in Article III of this chapter, or may provide for the annexation of territory proposed for annexation in the future upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed, without additional hearings.
B. Notwithstanding any other provision of law, when the question of levying a special tax within the areas proposed to be annexed into an existing special improvement district appears on the same ballot as the question of annexation of the same territory to a school district, the effectiveness of each ballot measure may be made contingent on the passage of the other ballot measure.
3.32.610 Addition of Territory With Full Legal Effect —Special Tax Levy.
A. After the canvass of returns of any election conducted in accordance with Section 3.32.600, the City Council shall determine that the area proposed to be annexed is added to and part of the existing special improvement district with full legal effect, and the City Council may levy any special tax within the annexed territory, as specified in the resolution of intention to annex adopted pursuant to Section
3.32.550, if two-thirds of the votes cast on the proposition are in favor of levying the special tax.
B. Upon a determination by the City Council that the area proposed to be annexed is added to the existing special improvement district, the Clerk shall record notice of the annexation pursuant to Cal. Sts. & Hy.
Code Section 3117.5 ^f the ralifA_FR;a StFeets and Highways r �
3.32.630 Ordinance —Tax Rate and Apportionment —Exemption of Governmental Properties and Entities From Special Tax —Use of Tax Proceeds —Tax Collection, Penalties, etc. —Lien to Secure Levy of Special Taxes.
After a special improvement district has been created and authorized to levy specified special taxes pursuant to Article III, Article IV, or Article V of this chapter, the City Council may, by ordinance, levy the special taxes at the rate and apportion them in the manner specified in the resolution adopted pursuant SS2-92
to Article III, Article IV, or Article V of this chapter. The City Council may provide, by resolution, forth e levy of the special tax in the current tax year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the Clerk or other official designated by the City Council with the County Auditor on or before the 10th day of August of that tax year. The Clerk or other official designated by the City Council may file the certified list after the 10th of August but not later than the 21st of August if the Clerk or other official obtains prior written consent of the County Auditor. Properties or entities of the State, federal, or other local governments shall, except as otherwise provided in Section 3.32.160, be exempt from the special tax.
No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in the resolution of formation to establish a district adopted pursuant to Section
3.32.290 or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment of an existing special tax as provided in Section 3.32.480. The proceeds of any special tax may only be used to pay, in whole or part, the cost of providing public facilities, services, and incidental expenses pursuant to this Code. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedures, sale, and lien priority in case of delinquency as is provided for ad valorem taxes, unless another procedure has been authorized in the resolution of formation establishing the district and adopted by the City Council. The tax collector may collect the special tax at intervals as specified in the resolution of formation, including intervals different from the intervals at which the ordinary ad valorem property taxes are collected. The tax collector may deduct the reasonable administrative costs incurred in collecting the special tax.
All special taxes levied by a special improvement district shall be secured by the lien imposed pursuant to Cal. Sts. & Hy. Code Section 3115.5 of the G-alif FRia StFeets and High.,-,. redo. This lien shall be a continuing lien and shall secure each levy of special taxes. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and canceled in accordance with Section 3.32.690 or until the special tax ceases to be levied by the City Council in the manner provided in Section 3.32.430. If any portion of a parcel is encumbered by a lien pursuant to this Code, the entirety of the parcel shall be encumbered by that lien.
3.32.640 Preparation of Current Roll of Special Tax Levy Obligations —Designation of Responsible Office —Estimation of Future Special Tax Levies —Liability for Inaccurate Estimates —Notice of Special Tax —Form.
A. The City Council shall designate an office, department, or bureau of the City which shall be responsible for annually preparing the current roll of special tax levy obligations, by assessor's parcel number, on nonexempt property within the district and which will be responsible for estimating future special tax levies.
The designated office, department, or bureau shall establish procedures to promptly respond to inquiries concerning current and future estimated tax liability. Neither the designated office, department, or bureau, nor the City Council, shall be liable if any estimate of future tax liability is inaccurate, nor for any failure of any seller to request a notice of special tax or to provide the notice to a buyer.
B. For purposes of enabling sellers of real property subject to the levy of special taxes to satisfy the notice requirements of Cal. Civ. Code Section 1102.6a, subdivision (b), of seefien 110' 6 of the Galif Givil SS2-93
Cb�, the designated office, department, or bureau shall furnish a notice of special tax to any individual requesting the notice or any owner of property subject to a special tax levied by the City within five IQ businessg days of receiving a request for such notice. The City may charge a reasonable fee for this service not to exceed ten dollars ($10.00).
C. 1. The notice shall contain the heading "NOTICE OF SPECIAL TAX" ine no smaller than eight -point type, and shall be in substantially the following form. The form may be modified as needed to clearly and accurately consolidate information about the tax structure and other characteristics of two or more districts that levy or are authorized to levy special taxes with respect to the lot, parcel, or unit. The notice shall be completed by the designated office, department, or bureau except for the signatures and date of signing:
NOTICE OF SPECIAL TAX
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. COUNTY OF ORANGE, CALIFORNIA TO: THE PROSPECTIVE -PURCHASER OF THE REAL PROPERTY KNOWN AS:
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR PURCHASING THIS PROPERTY.
This property is subject to a special tax, which is in addition to the regular property taxes and any other charges and benefit assessments on the parcel. This special tax may not be imposed on all parcels within the City of Newport Beach. If you fail to pay this tax when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or services that are likely to particularly benefit the property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM THE PUBLIC FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY.
2. The maximum special tax which may be levied against this parcel to pay for public facilities is $ during the - tax year. This amount will increase by percent per year after that (if applicable). The special tax will be levied each year until all of the authorized facilities are built and all special tax bonds are repaid, but in any case not after the tax year.
An additional special tax will be used to pay for ongoing services, if applicable. The maximum amount of this tax is dollars ($ ) during the - tax year. This amount may increase by Jif applicablel, and may be levied until the - tax year (or forever, as applicable.)
3. The authorized facilities which are being paid for by the special taxes, and by the money received from the sale of bonds which are being repaid by the special taxes, are: [identify the facilitiesl These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed or acquired.
In addition, the special taxes may be used to pay for costs of the following services:
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YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH AUTHORIZED CREATION OF THE
SPECIAL IMPROVEMENT DISTRICT, AND WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS
APPORTIONED AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM THE CITY OF NEWPORT BEACH BY CALLING (telephone number). THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE ESTIMATED REASONABLE COST OF PROVIDING THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE RECEIVED A COPY OF THIS NOTICE. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE OR DEPOSIT RECEIPT AFTER RECEIVING THIS NOTICE FROM THE OWNER OR AGENT SELLING THE PROPERTY. THE CONTRACT MAY BE TERMINATED
WITHIN THREE DAYS IF THE NOTICE WAS RECEIVED IN PERSON OR WITHIN FIVE DAYS AFTER IT WAS
DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER OR AGENT SELLING THE PROPERTY.
DATE:
3.32.660 Sale or Lease of Lot, Parcel or Unit of Subdivision —Notice of Special Tax —Form — Termination of Agreement —Violations and Penalties.
A. If a lot or parcel, or unit of a subdivision is subject to a special tax levied pursuant to this Code, the subdivider, his or her agent, or representative, shall not sell, or lease for a term exceeding five (5) years, or permit a prospective purchaser or lessor to sign a contract of purchase or a deposit receipt or any substantially equivalent document in the event of a lease with respect to the lot, parcel, or unit, or cause it to be sold or leased for a term exceeding five years, until the prospective purchaser or lessee of the lot, parcel, or unit has been furnished with and has signed a written notice as provided in this section. The notice shall contain the heading "NOTICE OF SPECIAL TAX" in4ype no smaller than 8-point type, and shall be in substantially the following form, although the form may be modified as needed to clearly and accurately consolidate information about the tax structure and other characteristics of two or more districts that levy or are authorized to levy special taxes with respect to the lot, parcel, or unit:
NOTICE OF SPECIAL TAX
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. COUNTY OF ORANGE, CALIFORNIA TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
[address of aarcel number]
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRACT TO PURCHASE THIS PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS NOTICE AND TO OBTAIN A COPY SIGNED BY YOU TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE.
1. This property is subject to a special tax, which is in addition to the regular property taxes and any other charges, fees, special taxes, and benefit assessments on the parcel. It is imposed on this property because it is a new development, and may not be imposed generally upon property outside of this new development. If you fail to pay this tax when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or services that are likely to particularly benefit the SS2-95
property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM THE PUBLIC FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY.
2. The maximum special tax which may be levied against this parcel to pay for public facilities is $ during the - tax year. This amount will increase by percent per year after that (if applicable). The special tax will be levied each year until all of the authorized facilities are built and all special tax bonds are repaid, but in any case not after the tax year.
An additional special tax will be used to pay for ongoing service costs, if applicable. The maximum amount of this tax is dollars ($ ) during the - tax year. This amount may increase by , Jif applicable?, and that part may be levied until the - tax year (or forever, as applicable.)
3. The authorized facilities which are being paid for by the special taxes, and by the money received from the sale of bonds which are being repaid by the special taxes, are:
These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed or acquired.
In addition, the special taxes may be used to pay for costs of the following services: [identify facilitiesl
YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH AUTHORIZED CREATION OF THE
SPECIAL IMPROVEMENT DISTRICT, AND WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS
APPORTIONED AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM THE CITY OF NEWPORT BEACH BY CALLING (telephone number). THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF PROVIDING THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE
PRIOR TO ENTERING INTO A CONTRACT TO PURCHASE, OR DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE -REFERENCED PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO
PURCHASE OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR
WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER, SUBDIVIDER OR AGENT SELLING THE PROPERTY.
DATE:
B. "Subdivision," as used in subsection (A), means improved or unimproved land that is divided or proposed to be divided for the purpose of sale, lease, or financing, whether immediate or future, into two or more lots, parcels, or units and includes a condominium project, as defined by Cal. Civ. Code Section 1350 65424 the C-a"fe-Mia Civil Cede, a community apartment project, a stock cooperative, and a limited - equity housing cooperative, as defined in Cal. Bus & Prof. Code Sections 11004, 11003.2, and 11003.4, respectively, of the Califernia Business and PFefessieps Gede.
3.32.710 Inclusion of Certain Costs and Estimated Costs in Proposed Bonded Indebtedness.
The amount of the proposed bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the estimated costs of construction or acquisition of buildings, or both; SS2-96
acquisition of land, rights -of -way, water, sewer, or other capacity or connection fees; satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued pursuant to this Code, architectural, engineering, inspection, legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district estimated to be due and payable within two years of issuance of the bonds; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancements costs, and printing costs.
3.32.720 Notice of Hearing on Resolution.
The Clerk shall publish a notice of the hearing pursuant to Cal. Gov. Code Sections 6060 and 6061 e#the Calife-FRia Government Code in a newspaper of general circulation circulated within the district. The notice shall state:
A. The time and place of the hearing on the proposal to issue debt.
B. That at the hearing the testimony of all interested persons, including all persons; owning property in the area, for or against the proposed debt issuance, will be heard.
3.32.870 Price of Property Sold.
Property sold hereunder may not be sold for less than the amount of the judgment plus post judgment interest and authorized costs without the consent of the owners of a majority by value of the outstanding bonds.
3.32.900 Special Tax or Charge for Outstanding Bonded Debt.
When the City Council provides for the fixing and levying of special taxes and charges for the special improvement district it shall also provide for the fixing and levying of that amount of special taxes and charges within the special improvement district which is required for the payment of the principal of and interest on any outstanding bonded debt of the special improvement district, including any necessary replenishment or expenditure of bond reserve funds or accumulation of funds for future bond payments, including any amount required by fF-ederal Law to be rebated to the United States on that bonded debt.
The special tax or charge shall be levied and collected by the same officers and at the same time and in the same manner that all other special taxes and charges are levied and collected for the special improvement district or in any other manner specified by the City Council. The special taxes and charges shall not exceed the authority granted by Article III and Article IV of this chapter. All of the collections for payment of principal of and interest on bonds shall be paid into the special improvement district bond fund and reserve or other fund for the particular special improvement district and shall be used solely for the payment of the principal of and interest on the outstanding bonds of the special improvement district.
3.32.910 Action to Determine Validity of Bonds or Special Tax Levy.
An action to determine the validity of bonds issued pursuant to this Code or the validity of any special taxes levied pursuant to this Code may be brought pursuant to Cal. Code Civ. Proc. Part 2, Title 10, Chapter 9, {commencing with Section 860,E ^f Title , n f o, * 2 f Vhe G-al;f rnia G-A-dip Af Civol o,-,,,.,,d„re but shall, notwithstanding the time limits specified in Cal. Code Civ. Proc. Section 860 of the G.,';f9FA4^ Ge-de of G;••;' Precedure, be commenced within thirty (30) days after the voters approve the issuance of the bonds or SS2-97
the special tax if the action is brought by an interested person pursuant to Cal. Code Civ. Proc. Section 863 „f the G-alif rp;a CAHP Af Cmwml orAc-t-d- Any appeal from a judgment in that action or proceeding shall be commenced within thirty (30) days after entry of judgment.
3.32.930 Variable Interest Rate.
The City Council may provide that bonds shall bear a variable interest rate, and for the manner and intervals in which the rate shall vary. The variable rate shall not exceed the maximum rate permitted by Cal. Gov. Code Section 53.531 ^f the C-a';f FRia r,,.,,,FRFR,,P+ C-Adt, or any other applicable provision of law limiting the maximum interest rate on bonds.
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Chapter 3.33
ASSESSMENT DISTRICT ALTERNATIVE PROCEDURES
Sections:
3.33.005 Short Title.
3.33.010 Provisions Not Exclusive —Applicability of Laws —Conflicting Provisions.
3.33.020 Definitions.
3.33.030 Declaration of Policy.
3.33.040 Authority and Procedure.
3.33.050 Assessment of Possessory Interests.
3.33.060 Method of Collection —Alternative Methods.
3.33.070 Form of Bonds —Maturities.
3.33.080 Authority to Covenant to Secure Bonds.
3.33.090 Actions or Proceedings to Attack Assessments —Time for Perfection of Appeal.
3.33.190 SeveFabili
3.33.020 Definitions
"Bond Act" means the Improvement Bond Act of 1915 (the 'Bond Act"), ar, ameAded (Cal. Sts. & Hyfeets and Wigh " Code, Division 10, Part 1, Section 8500 and following). "Engineer" means the City Engineer or any other person designated by the City Council for the purposes of this chapter, including any officer, board, or employee of the City or any private person or firm specially employed by the City as engineer for purposes of this chapter. Notwithstanding the foregoing, the engineer shall be a registered professional engineer as defined in Cal. Gov. GeVeFRFReRt Code Section 53750(lk).
"Implementation Act" means the Proposition 218 Omnibus Implementation Act, being Article 4.6 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Cal. Gov. CodeGeveFRFnent Cede A-f�the State A-f Ca"�R {Section 53750 and following}.
"Possessory interest" means a leasehold interest in tax-exempt real property for a term of thirty-five (35) years or more (including renewal options). For purposes of this provision, tax-exempt real property means real property that is owned in fee by the governmental entity including, but not limited to, the federal government, the State, county or City.
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3.33.060 Method of Collection —Alternative Methods.
Unless an alternative method of collection of the assessments has been established as authorized by this section, the assessments levied pursuant to this chapter shall be collected at the same time and in the same manner as real property taxes are collected, and all laws providing for the collection and enforcement of real property taxes shall apply to the collection and enforcement of the assessments. The City Council in its discretion may, by resolution, establish an alternative method of collection of the assessments. Notwithstanding the foregoing, assessments levied pursuant to this chapter for which bonds are to be issued may be paid within thirty (30) days from the date of recording the assessment in the Office of the S peFiRteRdeRt ^{ -Street-sPublic Works Director.
3.33.080 Authority to Covenant to Secure Bonds.
A. Whenever bonds are to be sold and delivered under this chapter with respect to an assessment district, the City Council may, by resolution adopted prior to the sale and delivery of bonds, take any action the City Council deems appropriate to secure the timely payment of the principal of and interest on the bonds, including any one or more of the following:
1. Covenant for the benefit of bondholders that the City shall not terminate any possessory interest subject to an assessment for which the bonds were sold; or
2. Notwithstanding Section 8769 of the Bond Act, covenant for the benefit of bondholders to pay all or any portion of the principal of and interest on the bonds necessary because of delinquencies in the payment of one or more assessment installments or the inability to collect one or more assessment installments.
B. When any amounts are paid by the City for the payment of the principal of and interest on bonds as a result of delinquent assessments, the delinquent assessments shall remain a charge against the property that was subject to the delinquent assessments.
In the eve.nt any pertien ef this chapter Shall be declared illegal, unenfe-Feea-ble er uneenstitut4eRal, SuGh SS2-100
Chapter 3.34
MARINE CHARTER PASSENGER TAX
Sections:
3.34.010 Definitions.
3.34.020 Tax Imposed.
3.34.025 Exemptions.
3.34.030 Liability for Tax.
3.34.040 Registration.
3.34.050 Collection of Tax by Operator —Receipt to Passenger —Rules for Collection.
3.34.060 Reporting and Remitting.
3.34.070 Failure to Collect and Report —Determination by Revenue Manager.
3.34.080 Penalties and Interest.
3.34.090 Appeals.
3.34.100 Tax Deemed a Debt.
3.34.110 Records.
3.34.120 Violation by Operator a Misdemeanor.
3.34.13A ceyeFabiii+.,
3.34.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A. "Charter" or "chartered" shall mean any contract arrangement, agreement or lease pursuant to which consideration is paid to the owner or operator of a vessel for the right to use, or the right of carriage on, any vessel which will operate, at least in part, on the waters of Newport Harbor provided, however, the term "charter" shall not include those activities which are exempt from the permit requirements of Chapter 17.10.
BA. "Charter fee" shall mean, with respect to charter vessels serving the public on a ticketed passenger basis, the total cost, without deductions, required for passage on the vessel. With respect to all other charters, charter fee shall be the total consideration paid to the owner, operator, and all persons providing any supplies, entertainment, dock fees or on -board service in connection with the charter. 46U.S. Cede, with seven eF Fnere passengers n be r J
SS2-101
C. "GhakeF" eF "chartered" shall mean any centract arrangement, agreement or lease pursuant te whiel:v C-Ansideratien is paid te theAwppr ArepeFateF ef a �Prrpl fAr thp Fight te use, er the Fight ef earriage en, any vessel which will epeFate, at least in part, eR the ;.vate-FS; of Newpert HaFber previded, hewever-, the Cs. "Chartered vessel" shall mean any passenger vessel or small vessel as defined by U.S. Code Title 46 Section 2101 of Title 46, U.S. Cede, with six eF meFe passengers ^ heard and- ,•,hich has been ehar+.,red D€. "Cemmereial h;rb^r ^fi,A*� Marine 4a44�activities permittee" shall mean any charter business authorized to conduct marine charters pursuant to Chapter 17.10.
EF. "Operator" shall mean any person who, on behalf of, or pursuant to agreement with the owner, arranges for the charter of any vessel or the issuance of any marine eharter activities permit.
F. H-._"Owner" shall mean any person who owns any chartered vessel *h.a* ". eh-Ar*^r^�' G.4-. "Passenger" shall mean every natural person carried on any chartered vessel that h-as h^^^ rb^r*^r^^' other than the owner, and any employee, agent, representative, or subcontractor of the owner or operator who has not paid consideration for carriage and who is paid consideration for on -board services.
K. „Pre�'p.A.He�MarrRager„ Shall r,-, R the D,,.,eR a M-,r.- geF .,f the City. u rot "
"CeRsumer Prece index"
(CPI) shall mp-aR the United States Department ef Laber-, BLA,reau ef 1--a-bef StatiSt}ESE6n or. Ir a Les AR I^ n h.,im—Q*,,,,r,;*d_ (1992 Qn-194 I $�irnci-r�TEe�rra�ir- g2Tc5 — rcrivricTrrr—mvcr�ra ��x aor-vT-ivo�� H.N. "Out of town vessel" shall mean any vessel which, for property tax purposes, has a situs outside Newport Beach.
Is. "Sport fishing vessel" shall mean a documented vessel carrying or transporting seven ^r mere -people for hire for commercial passenger fishing purposes which holds a certificate of inspection from the United States Coast Guard and a commercial fishing boat license from the California Department of Fish and Game.
A. "Ticket Price" shall mean either the product of the charter fee divided by the number of passengers, or the actual ticket price imposed per passenger, whichever is greater.
K. "Vessel" shall mean a oassenger vessel or small oassenger vessel as defined by U.S. Code Title 46 SBrfinn 2101 _
SS2-102
3.34.020 Tax Imposed.
A. There is hereby imposed a tax upon every passenger of each chartered vessel. The tax shall be the obligation of, and paid by, the passenger to the owner or operator, and shall be stated as a separate charge on agreements for charters. The amount of the tax shall be:
1. Fifty cents ($0.50) for ticket prices between twenty-six dollars ($26.00) and fifty dollars ($50.00);
2. One dollar ($1.00) for ticket prices greater than fifty dollars ($50.00); and OB. Starting July 1, 1996, the ticket price on which the tax is imposed along with the tax and surcharge shall be automatically adjusted each July 1, to reflect the percentage, rounded to the nearest quarter, in the cost of doing business, as measured by the C-P-I.;
Jim
3.34.030 Liability for Tax.
In addition to the passenger of a vessel chartered for consideration, the operator or owner shall be liable for the tax imposed pursuant to this chapter in the event of any failure to collect the tax from the passenger e-F-and to remit the tax to the City as provided in this chapter. Liability of the passenger shall not be extinguished until the tax has been paid to the City or the passenger presents the City a receipt from the operator or owner which evidences payment of the tax.
3.34.040 Registration.
A. No person shall conduct any Marine charter for which a marine activities permit is required pursuant to the provisions of Chapter 17.105.4-9 of this Code without first applying for, and receiving, a certificate of registration pursuant to the provisions of this chapter.
B. Every owner or operator who applies for a rnArenp rhArter perm +marine activities permit pursuant to Chapter 17.10549 of this Code shall apply for, and obtain, a certificate of registration from the Revenue Manager. The owner or operator shall apply for the certificate of registration on forms provided by the City. The Revenue Manager shall issue a certificate of registration upon completion, execution and submittal of the form. The owner or operator shall comply with all standard conditions specified on the registration form or certificate of registration;
SS2-103
C. Every commercial haFI9eFinarine activitiesy permittee shall register with the Revenue Manager within fifteen (15) days afteroft h^ ^ff^^tive dat^ ^{thee ^rdii^a^^^ ^^P1i4ied in this eha^t^F commencing operations in the City. The certificate of registration shall be issued upon completion, execution and submittal of the form provided by the City. The marine h;;Ph^r activitiesy permittee shall comply with all standard conditions on the certificate of registration.
3.34.060 Reporting and Remitting.
A. Each commereffial marine harhAr activitiesy permittee, owner or operator shall, on or before the last day of the month following the close of the reporting period, as established by the Finance Director, file a return with the Revenue Manager on forms provided by the City, listing the total number of passengers carried during the reporting period and the total tax collected by the permittee. The full amount of the tax collected shall be remitted to the Revenue Manager at the time the return is filed. Returns and tax payments shall be due immediately upon cessation of business for any reason. All taxes collected by permittees shall be held in trust for the account of the City until payment thereof is made to the Revenue Manager.
B. Each owner or operator conducting charters pursuant to Chapter 54-917.10 of this Code shall pay the tax upon obtaining the marine eharteFactivities permit. No marine ehaFter activities permit required by Chapter 54917.10 of this Code shall be issued until the required marine charter tax has been paid.
3.34.070 Failure to Collect and Report —Determination by Revenue Manager.
A. If any owner or operator shall fail to collect all or a portion of the tax due pursuant to this chapter or shall fail to make, within the time provided in this chapter, any report and remittance of such tax, or any portion thereof, required by the provisions of this chapter, the Revenue Manager shall proceed in such manner as he/she may deem best to obtain the facts and information on which to base his/her estimate of the tax due. As soon as the Revenue Manager shall procure such facts and information as he/she is able to obtain upon which to base the assessment of any such tax imposed by the provisions of this chapter and payable by any owner or operator who has failed or refused to collect the same and to make such report and remittance, the Revenue Manager shall proceed to determine and assess against such owner or operator the tax, interest, and penalties provided for by the provisions of this chapter. The Revenue Manager shall give notice of the amount so assessed by serving it ^^rS^^ally er by depeSitiRg it OR the United States mail, pestage pFepaid, addressed te the ev.4ne-F eF epeFateF at his WewR plaee 9 addressin the manner provided in Section 1.08.080.
B. Such owner or operator may, within ten days after the service or mailing of such notice, make an application in writing to the Revenue Manager for a hearing on the amount assessed. If an application by the owner or operator for a hearing is not made within the time prescribed, the tax, interest, and penalties, if any, determined by the Revenue Manager shall become final and conclusive and immediately due and payable. If such a request for hearing is made, the Revenue Manager shall give not less than five tadays' written notice in the manner prescribed in this section to the owner or operator to show cause at a time and place fixed in such notice why the amount specified herein should not be fixed for such tax, interest, and penalties. At such hearing the owner or operator may appear and offer evidence why the tax, interest, and penalties should not be so fixed. After the hearing the Revenue Manager shall determine the proper tax, interest and penalty due, and shall thereafter give written notice to the owner or operator in the SS2-104
manner prescribed in this section. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is filed pursuant to Section 3.34.090 of this chapter.
3.34.080 Penalties and Interest.
A. Original Delinquency. Any owner or operator who fails to collect, report and remit any tax imposed by the provisions of this chapter within the time required shall pay a penalty in the amount often 10 percent of the tax in addition to the amount of the tax.
B. Continued Delinquency. Any owner or operator who fails to collect and remit any tax and remit any penalty on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second penalty in the amount of ten 10 percent of the tax in addition to the amount of the tax and the ten 10 percent penalty first imposed.
C. Interest. In addition to the penalties imposed, any owner or operator who fails to collect and remit any tax imposed by the provisions of this chapter shall pay interest at the rate of one and one-half 1 1 2 percent per month, or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid.
D. Penalties and Interest Merged With Tax. Every penalty imposed, and such interest as accrues, pursuant to the provisions of this section shall become a part of the tax required to be paid by the provisions of this chapter except such merger shall not affect the liability of an operator to pay tax it has failed to collect and remit.
3.34.090 Appeals.
Any ep rson aggrieved by any decision of the Revenue Manager with respect to the amount ofs tax, interest, penalties, assessed against the person, 4++y, may appeal to the City Manager by filing a notice of appeal within fifteen (15) days after the service or mailing of the determination of the tax, penalties and interest due. The City Manager of the City of "'ewpeFt BeaGh may preside over the appeal or, in the alternative, the City Manager may appoint a Hearing Officer to conduct the hearing, receive relevant evidence and submit findings and recommendations to the City Manager findings w,eR dafiens. The City Manager shall render a i, decision within fifteen (15) days of receiving the findings and recommendations of the Hearing Officer. The findings of the City Manager shall be final and conclusive as to the City and shall be served upon the appellant in the manner prescribed in this chapter for the service of a notice of hearing. Any amount found to be due shall be immediately due and payable to the City upon the service of notice. The City Manager's decision is subject to judicial review pursuant to Cal. Code of Civ. Proc. section 1094.5.
3.34.100 Tax Deemed a Debt.
The amount of any tax, e+ penalty, or interest imposed by this chapter shall be deemed a debt due to the City by the persons required hereby to collect or to pay the same.
SS2-105
if this
feF be invalid,
any seetion, subsectien, sentenee, clause er phFase ef ehapteF hGldiRg eF h9ldiRgS A tht-9 Validity ef the FeMaiRiRg
shall any Feasen sue4
A-f. *-.h..*S chapter, The City CeHRGOI
Shall
-At -RffP-C--*
SS2-106
Chapter 3.36
COST RECOVERY FOR USER SERVICES
Sections:
3.36.010
Findings.
3.36.020
Definitions.
3.36.030
Cost Recovery Percentages.
3.36.040
S0-
Late Fees and Charges.
c,,.,,,rabiii+.,
3.36.010 Findings.
E. The City Council has fully complied with provisions of State and local law in establishing the cost recovery percentages specified in this chapter, including, Cal. Gov. Code Section 66000 et seq.efthe r_.,.,.,,-n. ent Gode, and Articles XIIIC and X11113 of the State Constitution.
3.36.030 Cost Recovery Percentages.
A. The municipal functions the City Council has determined to be user services and for which the City Council has initially determined the actual costs and the appropriate cost recovery percentage are described in the fee resolution. The cost recovery percentage appropriate for each user service shall be one hundred (100) percent with the exception of the user services listed in Exhibit "A" and those services for which the fee is limited by statute. The City Council may include in the fee resolution a schedule to phase in specific fee increases over a period not to exceed fivee&F (5) years. 2 36 ACA C.,...,.--. L.ili+..
ef this chapter, The Caty C-n-1-mr--ml decla.re-r that it vie-Uld have passed the erdinance ce-d-ified in this chapter -A.n.d each Sectien, subsectien, clause er phrase hereef, irrespective ef. the fact that any ene or mere if any seGtien, subsectien, sentence, clause er phrase ef this chapter as fer any reasen held- te -he imvaled- A-F elayses and phrase-,; -he deelared-
SS2-107
Title 5
BUSINESS LICENSES AND REGULATIONS*
Chapters:
5.04 General Provisions
5.08 License Fee Categories
5.11 Special Regulations
5.12 Vehicles for Hire
5.14 Ambulance Regulations
5.15 Regulation of Newport Beach Police Official Tow Services
5.17 Taxicabs
5.20 Pawnbrokers, Secondhand Dealers and Junk Dealers
5.25 Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours, Entertainment, and/or Dance
5.28 Live Entertainment Establishments
5.32 Cafe Dances
5.36 Hotel Registration
5.42 Solicitation
5.43 State Video Franchises
5.44 Cable Communications Franchises
5.46 Regulation of Commercial Film Production
5.48 Direct Tc Alarm Monitoring System
5.49 Burglary —Robbery Alarm Systems
5.50 Massage Establishments
5.60 Paramedic Service User Fees
5.70 Newspaper Racks and Stands
5.80 Retail Sale of Firearms
5.90 Escort Service
5.95 Short Term Lodging Permit
5.96 Adult Oriented Business
5.97 Sidewalk Vending Program
SS2-108
* Enforcement of regulations by Finance Director —See Chapter 2.12.
Soliciting business in prohibited manner —See Chapter 5.42.
Sale of electrical appliances which interfere with radio reception —Chapter 10.40.
Registration of rented or sold bicycles —See Chapter 12.56.
SS2-109
Chapter 5.04
BUSINESS LICENSES AND REGULATIONS
5.04.010 Definitions.
D€. "Gross receipts" shall mean the total amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service cost, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be the following:
1. Cash discounts allowed or taken on sales.
2. Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as "gross receipts."
3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser.
4. Such part of the sale price of property returned by purchasers upon rescission of a contract of sale as is refunded either in cash or by credit.
5. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded.
6. Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the Finance Director with the names and addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustee.
7. Cash value of sales, trades or transactions between departments or units of the same business.
8. Transactions between a partnership and its partners.
9. Receipts from services or sales in transactions between affiliated corporations. An affiliated corporation is a corporation:
a. Devoting a nonvoting stock of which is owned at least eighty (80) percent by such other corporation with which such transaction is had; or b. Which owns at least eighty (80) percent of the voting and nonvoting stock of such other corporation; or
SS2-110
c. At least eighty (80) percent of the voting and nonvoting stock of which is owned by a common parent corporation which also has such ownership of the corporation with which transaction is had.
10. Receipts from investments where the holder of the investment receives only interest and/or dividends.
11. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the licensee in the regular course of the licensee's business.
E. "Operate" shall mean and include manage, control or carry on. trusts,G. "PeFse.p" Shall Mean -and inclualp ;;II dAmp,#U and feFeign eeFpeFatiens, ass9eiatiens, syndmeates, jaint •
#F. "Rental unit" shall mean and include all residential units except one which is the part-time or full- time residence of the owner, and no part thereof is offered or available for rent at any time during the license year.
G4. "Sale" shall include the transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying or furnishing for a consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price shall likewise be deemed a sale. The foregoing definition shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of law.
Hd. "Sworn statement" shall mean an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.
5.04.060 Exemptions —Exempt by Federal or State Law.
Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of California from the payment of such taxes as are herein prescribed.
Any person claiming an exemption pursuant to this section shall file a sworn statement with the Finance Director stating the facts upon which exemptions are claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this title.
The Finance Director shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the City of the license tax required by this title.
The Finance Director, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein. The Finance Director's determination shall be final as to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
SS2-111
5.04.090 Minor's Exemptions.
Any person defined as a FmnineF pursuant to Internal Revenue Service regulatiensunder eighteen years of age, whose annual gross receipts from any business done within the City are within the earned income threshold pursuant to Internal Revenue Service regulations, shall be exempt from the requirements of this chapter.
Within thirty (30) days of a request by the Finance Director, any person claiming an exemption pursuant to this section shall submit to the Finance Director documents requested by the Finance Director that show the person is a minor and that the annual gross receipts from any business done within the City are within the earned income threshold set forth in the Internal Revenue Service regulations. If the Finance Director determines additional evidence is necessary, the Finance Director shall notify the person seeking the exemption of the date and time of a hearing regarding the exemption. After the hearing, the Finance Director shall make a determination as to whether the exemption applies, and that determination shall be final as to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
5.04.100 Exemption for Artists and Art Exhibits.
A business license shall not be required of individual artists for the exhibition or display of paintings, sculpture, photographs, handmade jewelry or other fine arts. Any artist shall be exempt from the requirements of this title if the sales of his or her artwork within the City do not result in annual gross receipts in excess of twee four thousand nineeight hundred dollars ($43,9900.00), automatically adjusted annually to reflect the percentage change in the cost of doing business as measured by the Consumer Price Index and rounded to the nearest dollar.
Within thirty (30) days of a request by the Finance Director, any person claiming an exemption pursuant to this section shall submit to the Finance Director documents requested by the Finance Director that show the person's annual gross receipts from any business done within the City are less than the amount to qualify for the exemption. If the Finance Director determines additional evidence is necessary, the Finance Director shall notify the person seeking the exemption of the date and time of a hearing regarding the exemption. After the hearing, the Finance Director shall make a determination as to whether the exemption applies, and that determination shall be final as to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
5.04.190 Error in Terms Voids License.
The payment of any license tax required by this title, its acceptance by the City, and the issuance of such license to any person shall not entitle the holder to carry on any business called for by the license unless the person#e has complied with all requirements of this Code, or to carry on any business at any location that is illegal under State or federal law or contrary to the City's zoning regulations.
5.04.290 Enforcement —Right of Entry.
B. Right of Entry. The Finance Director and each ;and- "'" ^{ his designees and any police officer or City employee whose job includes the inspection of the business license shall have the power and authority to enter, free of charge, and during regular business hours, any place of business required to be licensed and demand an exhibition of its license certificate. No ARy person having such license certificate *"^�*^{^,t SS2-112
issued in his possession or under his control shall,v-he willfully fails to exhibit the same on demand,
5.04.330 Appeal.
Any person aggrieved by any decision of the Finance Director with respect to the issuance or refusal to issue such license may appeal to the City Manager by filing a notice of appeal with the City Clerk. The City Manager shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of thefe-p hearing by serving the notice in the manner provided in Section
1.08.080.
pFepaid, .,drew^,- to sueh persen at "iS ^r "^r 1;;j# kpAwp .,d,Jr^«. The City Manager shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter.
SS2-113
Chapter 5.08
LICENSE FEE CATEGORIES
5.08.005 Business Tax Definitions.
5.08.010 Business Tax —Out of Town Based Businesses.
Every out of town based business as defined by this chapter shall pay an annual business license tax as established by resolution of the City Council. The business license tax shall automatically be adjusted each year in July to reflect the percentage change, rounded to the nearest dollar, in the cost of doing business as measured by the Csonsumer P-price Index.
5.08.020 Business Tax —Residentially Based Businesses.
Every residentially based business as defined by this chapter shall pay an annual business tax as established by resolution of the City Council. The business license tax shall automatically be adjusted each year in July to reflect the percentage change, rounded to the nearest dollar, in the cost of doing business as measured by the Csonsumer Pprice Index.
5.08.022 Business Tax —Commercially Based Businesses.
Every commercially based business as defined by this chapter shall pay an annual business tax as established by resolution of the City Council. The business license tax shall automatically be adjusted each year in July to reflect the percentage change, rounded to the nearest dollar, in the cost of doing business as measured by the Csonsumer P-price Index.
SS2-114
Chapter 5.11
SPECIAL REGULATIONS
Sections:
5.11.010 Signs on Watercraft.
5.11.030 Selling Food Products on the Streets Prohibited.
5.11.040 Sale of Food Products on Public Beaches Prohibited.
5.11.070 Exception.
SS2-115
41. If the business desires the then the
ewner permanent status ef geRerater-, applicant
shall ebtain a
P„-ce
i-n-- rvdcrT
.dH FiRg the IiGeRSiRg P
be . rated eRly d6lFiR , - pewer utag
Il�ctr�.-t Dnm4
If the Cemmunity DevelepMeRt DiFecter detePMORes that the levels fAr
-9. geRerater exceeds acceptable
SS2-116
Chapter 5.12
VEHICLES FOR HIRE*
Sections:
5.12.010 Definitions.
5.12.015 Pedicab.
5.12.020 Certificate Required.
5.12.030 Application for Certificate.
5.12.040 Investigation.
5.12.050 Issuance of Certificates.
5.12.060 Grounds for Denial of Application.
5.12.070 Leability Insurance.
5.12.080 6mfar Revocation. Denial and Anneal.
SS2-117
5.12.010 Definitions.
For the purpose of this chapter, the words and phrases herein defined shall be construed in accordance with the following definitions, unless it is apparent from the context that a different meaning is intended.
Certificate. The term "certificate" means a certificate of public convenience and necessity issued pursuant to this chapter.
Pedicab. The term "pedicab" shall have the same meaning as Cal. Veh. Code Section 467.5..M. , deviupen whieh a persen may Fide, eF pFepelled exclusively by human pewer thFE)Ugh a belt, ehain E)F ^^ ,
and having twe E)F FnE)Fe wheels, designed te eaFFy ene er mere passengers fer -;; fare. passengeFs f^r a far^
Public Transportation Vehicle. The term "public transportation vehicle" means a motor -propelled vehicle, not otherwise defined in this section, used in the business of transporting passengers over the streets of the City for hire,, whether OF REA the E)PeF,+;^ r ^.,r.,r..J h.,„^r d which operates exclusively within the boundaries of the City.
Sight -Seeing Automobile. The term "sight-seeing automobile" means a motor -propelled vehicle used for the purpose of transporting passengers over the streets for sight-seeing, showing points of interest or exhibiting lands, houses, property for other things or objects when a fee is charged or compensation is obtained from passengers or elsewhere.
Vehicle for Hire. The term "vehicle for hire" means a public transportation vehicle or sight-seeing automobile.
5.12.015 Pedicab.
No person shall operate or engage in the business of operating a Pedicab within the City. This section shall not apply to pedicabs authorized to operate in conjunction with a special event for which a special event permit has been issued pursuant to Chapter 11.03.
5.12.020 Certificate Required.
No person shall solicit or pick up passengers in the City, or engage in the business of operating any vehicle for hire defined- in Sectie^ 120 ^ within the City, without having first obtained a separate certificate of public convenience and necessity for each such business, as required by this ch^^+^r_h^weve , that-Noo such certificate issued by the City shall be required for any operations for which a certificate of public convenience and necessity is needed and has been granted by the Public Utilities Commission of the State not California.�
025 P 5.12ed,�••
T���Permit — Tri-al Period-.
with a speei.al event felrvihieh a speeial event peFmit h.;;--; beep issued pursuaRt W GhapteF !I. apply te the eperatien of a pedicab business vVithin the City; previded, hewever-, prier te thp iss, -ance ef-a SS2-118
-- - -
-- - - -
-- -- --- --
------ - - - --- - -- -- -
- --- --- - ---
- -- -- - -- -
--- - -- - •- -
- -- MINIM- - -• -- - - -
5.12.030 Application for Certificate.
An application for a certificate shall be filed with the Director of Finance upon forms provided by the City.
The application must be signed by the applicant and be accompanied by a fee as established by resolution of the City Council, and shall contain or be accompanied by the following information:
A. The name and address of the applicant, and, if the same be a corporation, the names of its principal officers, or, if the same be a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each.
B. A complete schedule of the rates proposed to be charged for each type of vehicle.
C. A description of every vehicle which the applicant proposes to use, including trade name, motor or serial number, State license number and body style.
D. The location of the business and the place where the applicant proposes to keep such vehicles described in this chapter while not actually engaged.
E. The distinct color scheme, name, monogram and insignia which shall be used on each vehicle.
F. The name of the legal and registered owner of each such vehicle.
G. The experience of the applicant in the business or businesses for which the person4e is seeking a certificate or certificates.
H. Any facts which the applicant believes would tend to prove the public convenience and necessity requiring the granting of a certificate.
I. Such further information as the Director of Finance may require.
SS2-119
5.12.040 Investigation.
Upon receipt of a completed application for a certificate, the City Manager shall, upon determining the application to be in order, refer the matter to the Chief of Police for investigation. In the course of the investigation, the Chief of Police shall inspect the vehicles and equipment and may require the appli �^* The Chief of Police shall
complete his investigation within thirty (30) days, unless prevented from doing so by lack of cooperation of the applicant or other person named in the application, and shall report his findings to the City Manager regarding the qualifications of the applicant and other persons named in the application and the adequacy and safety of the vehicles with respect to cleanliness, equipment, safety devices, brakes and light.
5.12.060 Grounds for Denial of Application.
If the City Manager finds any of the following conditions4e exist, he Ar she the City Manager shall deny the application:
A. That the application is not in the form and does not contain the information required to be contained therein by this chapter.
B. That the equipment, safety devices or vehicles proposed to be used are inadequate or unsafe for the purposes for which they are to be used.
C. That the color scheme, name, monogram or insignia to be used upon such vehicles or in the business resembles the color scheme, name, monogram or insignia used by another person, firm or corporation in the same business in the City and therefore may tend to deceive or defraud the public.
D. That the applicant has within the past twos years had an application for such a certificate denied for cause.
E. That there is a sufficient number of vehicles of the type described in the application operating in the City to fully serve the public, that the granting of more certificates would unduly congest the traffic and interfere with the free use of public rights -of -way by the public, or that the best interests of the public do not demand and necessity does not require the issuance of such permit.
SS2-120
5.12.070 Liability- Insurance.
Every person subject to this chapter shall procure and maintain insurance, which types and amounts shall be determined by the Risk Manager.
5.12.080 6rs #er Revocation, Denial and Appeal.
A. Grounds for Revocation. Any certificate E)F peFmitgranted under the provisions of this chapter may be revoked by the City Manager, either as a vihele ^ s *^ ^hie'^ described *herein eF as to the right to use distinctive c^'^r, menegram OF ORSOgRia, for any of the following reasons:
1A. That the document required by Section 5.12.070 has not been filed or has been withdrawn or lapsed or is not in force for any reason.
2-B. For the nonpayment of any City business license ^r ether f^^5; ^reyided by this toe 3C. For the breach of any rules, regulations or conditions set out in this Code or the certificate. 4s. For the violation of any of the laws of the State of California or the City with respect to the operation of the business by any certificate holder, or repeated violations by operators or drivers of any vehicle covered by such certificate.
€5. For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle in a safe and sanitary condition and good repair, or for failure to use the distinctive coloring, monogram or insignia described in the application, or for deviation from the schedule or rates and fares set forth in the application.
health,
Reces
amity . geResal welfare fer the certifleat 9 ., O* to h^t;^''PH in any such case, the certificate er pernnit helde-F Shall have the right te appeal te the City Ceuncil er a .m.e.m.-he-F A-f the Gity GE)URG61 may call an ite.m. fA-.r review OR a time andd imiapppeir set fleirth in this seetien.
B. Notice. When the City Manager concludes that the grounds for revocation of a certificate or peFFn+texists, the City Manager shall serve the certificate holder.^r r,^r.,.,it holder either peFSE)Rally OF h., in the manner provided
in Section 1.08.080, with a notice of revocation of the certificate+t. The notice shall state the reasons for the revocation, the effective date of revocation if no appeal is filed by the certificate E)F peFroit holder, and the right of the certificate or permit holder to appeal to the City Council a+4d-the decision to revoke the certificate it.
C. Appeal and Call for Review. If ao a"certificate holder is aggrieved by any action of the City Manager in revoking any certificate OF peff,it Und-J^r this .h,r *^ ; such certificate holderapp4eant may SS2-121
appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the City Clerk. The City Clerk shall notify the applicant in writing of the time and place set for the hearing of the An his Ar herappeal or a call for review.
The right to appeal to the City Council or file a call for review from the revocation of any G^F*ifleate eY peFFRit FequiFed by thus Ghapt^r shall terminate upon the expiration of fifteen (15) days fellGWiRg the genesit of a ert;f ed l,,,+ r ;n the ''A;t ,l Stat.,.- o,,.-+ r,ff GI_Q _AdViSiRg the plieof service of the notice of revocation of the certificate as provided in subsection (B)^f the aefi,,,, of the City nn.,,,.,geF and f hi.- r her right to appeal s Gh a�+iGn W the City GG 1RGOI
The City Council of the r;t„ of nl,,,. paFt Beach may preside over the revocation hearing or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council of the City of "'^,•,peFt Beach. The City Council shall preside over call for review hearings. The City Council of the Git„ of Newport Reap#shall render its decision within forty-five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty-five (45) days on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
5.12.090 Changes of Operat;er.
decrease the R-Urn-hp-F ef vehicles used, applicatien to the City M@Rager shall be made fer permissieR W de SE), and the Gity MaRageF shall gFaRt SUGh peFmisq_iA_.P Of the GAY MaRager deems the public iRterest, eeRveRmenee _A.nd necessity will be served by the change, and if the eertifir_-ate helder has complied with @4 the. Afthk chapter
vihich the City MaRager dees net per.m.it shall bee refunddedd. Nee refund ef the ann, al vehide fees paid shall be made vihen the City Manager grants permissien te rP_cd,_,r_-e the ef vehicles.
C 1'- 0-0 Rates F Chargec
th.;in t@wir_-_;;_hs -;h-;;Il file -A prepesed sched-i-de ef. Fate-S ;Afith the City Clerk. The sr_-hP_d_,_,IP_ ef rates shall be sub.m.i.4ed te the City CE)URGOI f9F approval and Re- change shall be made in any Fates appFaved by the Gity G-A-1-incil �.Aiitheut PFieF appFaval by the Gity Council. Ne peFSE)R shall ehaFge rate-S, ethe.r than these se approved. Ne heariRg is Recessary fer the appreval A-f thp-,-;P- rates, er changes the. _i...
SS2-122
paid for by
C 17 10A Wgh+
No
a passenger,
of HOW Vehicle Use by Passenger,
Vehicle described OR this
operator
vehicle
OF GWReF of any chapter shall solicit or carry any additional passenger has been We iR by Without the the
after such
Arst
engaged, or use a passenger; CGIRsek of passenger
the having first been A
engaging
have the
same obtained. passenger or passengers engaging such vehicle shall Pight to AN the the Whole theFeef-,
exclusive
9 he de?as
C 17 71A A.J..-.me
Ne
and WRimpaked use of passenger eeMpaPtmeRt and
+he
Vehirle 1 for Fee Payment Required
vehicle dewribed iR this without license fee required
peFSeR
by the My
5.1 No driver
shall operate any chapter prepaying any
for the +rar.SaCAGIR of any
Of Pa& a %xero
descr*bed in this bave the his to
of
sekdt pas-sengeFs
C 12 230 Driver's;
A. App'iC@tieR.
a vehicle chapter shall side of vehicle solicit passengers or On a louder teRe of vele than that used OR ordinary eORVeFS Permit.
No drive described in this in the
first
person shall or operate any vehicle Chapter city without iR to do from the Chief Poke, toy de,kring to Main
obtaining
driver's
a permit writing so of person such
therefor to the Chief PeliGe by fee
permit
established
shall make a wFitteR application of aGGE)MpaRied a as
by the City Council. No permit shall be issued to any person under the age of eighte-e4-(1-8� SS5123
.. .... . . . .. .. . .. ... . .... ..
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SS2-124
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SS2-124
Chapter 5.14
AMBULANCE REGULATIONS
Sections:
5.14.010 Intent aR d o-.rnese.
5.14.0120 Definitions.
5.14.0220 Emergency Ambulance Transportation Services) icense Require,
5.14.040 ErneFgeney Aw-b-i-d nee Tr. nspertat-ien Service ore.,i.der�
5.14.(360 gFee entc_
%.14.070 T^rw unatiAn OF Suspensien of AgFeemePA
5.14.0RQ n-.;iness Iicense Requ*Fed_
5.14.0301-N Nonemergency Ambulance Transportation ServicesProviders.
5.14.110 nermot For Dri.,err, -,n.r Atter..J-,nt;
5.14.120 We Renen with Police
5.14.120 D.14.1ir "Ability Ir.rUrance
5.14.140 ` �:a�nT
C '1/1 01G IRtent and DUrr.ese
5.14.0120 Definitions.
"Advanced life support" as defined in the Cal.ifernia Health &ate Safety Code, Section 1797.52 aS RGW+R ex sten,.e er "er^.,it^r ^r,i^,i er ",e .e i means special services designed to provide definitive prehospital emergency medical care, including, but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration of specified drugs and other medical preparations, and other specified techniques and procedures administered by authorized personnel under the direct supervision of a base hospital as part of a local EMS system at the scene of an emergency, during transport to an acute care hospital, during interfacility SS2-125
transfer, and while in the emergency department of an acute care hospital until responsibility is assumed by the emergency or other medical staff of that hospital. "Basic life support" as defined in the Cal.+a Health &aid Safety Code, Section 1797.60;,, existence e-r herea#teF a e.pe-led A-F changed, means emergency first aid and cardiopulmonary resuscitation procedures which, as a minimum, include recognizing respiratory and cardiac arrest and starting the proper application of cardiopulmonary resuscitation to maintain life without invasive techniques until the victim may be transported or until advanced life support is available. "Ambulance" means any motor vehicle that is specifically designed, constructed, modified, equipped, or arranged and operated for the purpose of transporting patients requiring basic or advanced life support ^d"t^ eF eRgeiRg medical services.
"Agreement" means the agreement between the City of Newport Beach and an ambulance service operator to provide emergency ambulance transportation services as provided in this chapter. "Emergency ambulance transportation service" means transportation by an ambulance of one or more patients in response to an emergency or from the scene of an emergency and giving rise to the need for basic or advanced life support services. This transportation may require "cCode 3" response (red lights and siren). All ambulance transportation services within the City that are requested in response to a 911 call, by the City's Fire Department or other public agency, or from the Metro Cities Fire Authority Communications Center shall be deemed "an emergency ambulance transport service." "Fare cho^f" m. the Fire Chief of+he Fare Depar+r,.^^t fer the C4ty "Nonemergency ambulance transportation service" means transportation by ambulance of a patient who is medically stable but may need basic life support and requires transportation from one location to another. This transportation does not normally require "cC-ode 3" response. Nonemergency ambulance transportation service shall not include any response to an emergency, any response that may require advanced life support, transportation from the scene of an emergency, or any emergency ambulance transportation service. The term nonemergency ambulance transportation service shall be construed narrowly.
SS2-126
of andi"i.4112IS aetiRg aS a nit
5.14.0230 I i,•ense RequkedEmergency Ambulance Transportation Services.
A. It is unlawful for any person te-he anor ambulance service operator to provide emergency ambulance transportation service or respond to an emergency within the City, or to act in such a capacity either directly or indirectly, without: (1) entering into an agreement with the City; and (2) procuring and maintaining nessessien of a license issued pursuant to ordinances, rules and regulations of the County of Orange and any other licenses or permits as may be required.
B. Any person or ambulance service operator receiving a request for emergency ambulance transportation service within the City, from someone other than a public safety agency, shall immediately, by telephone. notifv the Citv's Fire Department's communication center.
C-B. Subsection (-A) The NYevisiensof this chapter shall not apply to:
1. Emergencv ambulance response and transportation services operated by the Citv's Fire Department;
2. Ambulances operated at the request of a public safety agency during any "state of war emergency," "state of emergency' or "local emergency" as defined in Cal.the Gov_emrnerit Code Section 8558;
32. _Ambulance service transporting a patient from a location outside of the City limits regardless of destination;
4-. _In the event of a mass casualty situation, as determined by the Fire Chief or Police Chief;
54. _Emergency ambulance response and transportation services expressly reguestedoper•a� by the City's of Newpert Beach Fire Department;
6. An ambulance service operator who has a contractual agreement with a hospital or medical facility, within the City, to transport patients to/from the hospital or medical facility to/from another hospital or medical facility; or
7. Nonemergency ambulance transportation services provided in compliance with Section
5.14.030.
C 9 A !1/I0 EmFnergenGy Ambulance Transportation Service Providers A. The Fire Department may, upon reselutien ef the City Ceuncil, previde emergency ambulance trarispertatien services as art of its pararnedic
response te, or as a result of an emergency, unless that peFSGR has been selected to pFevide such sepAire pursuant to this chapter
SS2-127
WN
... .- --- - -- - - --- -• -- ----------------------
MI - -- - - -- - -- -- ••-
Plo
1 q a hedules as adepted by the City Council and shall have a three year term, with aR .,+;.,h f.,r rh., City Co Roil r., .,,.r . J J J +; h I r,., ,yea , r.,r.
SS2-128
Mill M.N.Mall
-- - -- - - - -- - - - - -- - - - - -- --
I The
eartificate helpler has pet
filed
the City
adequate
evide.pee ef
Geverage with
OF
. +.
G+., r'
appFeved
by the ri+„ r � �R&4 ,
r,+ to the a r,+r • E)
chapter•
7 The
in
n
y r, r
hr.,-,Gh by G r,+r-.G+.,r .,f
the helder shall
-, PFE).,f
have the
+h., a
Fight te
r,+
tO the City CE)URGOI R MPrPhPP A
any such ease,
the City CGURGil
ceFtific-ate
Fnay call _;;P *tP-.M. fA-.r re omew
On the time
appeal
;;Apl m;;Pptmr ';Pt
eF
fArth On this sectiAn
._. _ ... _. .. .. _ ... .. ...
MEW
MWA
t met.
�r . .. . . . . . ... . .. . .. ... . . . . . .. . .. . . . .. ..
SS2-129
MINIMNIRM
- -- --- - - --------- •--
- --- --
- - - - --
--- - - •• - -
establishing,
the City Geuneil shall hald a publie heariRg a4er giViRg teR days pFier wFitten Ra:ke to all providers and/E)r- applieants and publieat4en ef said pFepesed Fate ehanges in the effleial newspapeF ef the City at least eneee-, A -At less, thaR ten days prier te the date A-f Said- heaning.
5.14.030449 Nonemergency Ambulance Transportation ServicePrav;dprs.
A. It is unlawful for any person or ambulance service operator to provide nonemergency ambulance transportation service or respond to a nonemergency within the City, or to act in such a capacity either directly or indirectly, without acquiring and maintaining a license issued pursuant to ordinances, rules, and regulations of the Countv of Orange and anv other licenses or permits as may be reauired.
B. No ambulance service operator shall provide nonemergency ambulance transportation service on the streets of the City without first obtaining a City business license and providing the Finanee-Fire Direr -AR Chief with evidence of County approval and licensing for the personnel, equipment, and operation of nonemergency ambulance transportation service in Orange County.
C. The City Council shall by resolution establish a schedule of rates applicable to all nonemergency ambulance transportation service and may, upon its own motion or upon application of any person holding a business license for the operation of nonemergency transportation service, modify or amend such a schedule. Prior to establishing, modifying, or amending any schedule or rates of nonemergency ambulance transportation service, the City Council shall hold a public hearing after giving ten 10 days' prior written notice to all providers and/or applicants, and publication of said proposed rate changes in the official newspaper of the City at least once, not less than ten 10 days prior to the date of said hearing.
SS2-130
..
._ ._
._
..
- - -
-- - ---- - -- -- - -- - --
- -- - - - - -- - - - --
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........
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........
MR ROOM
....
SS2-131
Chapter 5.15
REGULATION OF NEWPORT BEACH POLICE OFFICIAL TOW SERVICES*
5.15.020 Definitions.
5.15.080 Service Agreements.
Tow truck operators selected by the City Council to provide official police tow services shall enter into an agreement with the City that shall contain eligibility requirements, operating regulations, and a fee schedule as adopted by the City Council. Every official police tow service operator shall post in a conspicuous place in the interior of each tow truck an approved rate schedule in a form and location approved by the Chief of Police. The rate schedule will automatically be adjusted on its anniversary date based on the percentage change in the cost of doing business as measured by the change in the United Adjusted -, Consumer Price Index 4e-r
for
the preceding twelve (12) months.
5.15.110 Standard Rules of Operation.
E. Each towing company shall comply with the Cal.ifernia Veh.k e Code, Division 12, Chapter 5, Article 8, Section 27900 et seq., regarding signs on tow trucks. Only tow trucks bearing the name of the company shall be dispatched to the scene of need without approval of Police Communications.
K. Upon request, official police towing services shall submit a report to the Chief of Police and the Finance Director, which may include any of the following:
1. Total police impounds;
2. Number of times dispatched by ^'ewpert Ro@the Police Department;
3. Number of these calls resulting in impounds;
4. Number of vehicles sold on lien sale under authority of the Civ.v+4 Code, and reporting such lien sales as per authority of the Cal. Veh.+e4e Code;
5. Number of vehicles sold under authority of Cal. Civ. Code Section 3073,''ivil Cede;
6. Names and addresses of buyers and description of vehicles when sold;
7. Number of calls answered which took more than one hour to handle.
P. When disposing of unclaimed vehicles, official police tow service operators shall abide by all Cal.
Civ.C-ivil Code sections pertaining thereto.
R. A towing company may charge a lien sale fee and may begin lien sale proceedings as provided in the Cal.iferm4a Veh.k4e and Civ.v+4 Codes.
SS2-132
5.15.140 Grounds for Revocation.
The official police tow truck service agreement shall be subject to cancellation or revocation by the City Council either as a whole or as to any person or vehicle described therein. The contract holder shall be given five (5) days' notice to appear before the City Council to show cause why the contract should not be revoked or cancelled for any of the following reasons:
1. Nonpayment of any City business license fees or other fees provided in the contractor by thise "i^,.,port Beach MURi .,n- 4 Code;
2. Breach of any rules, regulations, or conditions set forth in the contract or this= "'^ q^^r* °^nc" M6IRiGiPakCode;
SS2-133
Chapter 5.17
TAXICABS
Sections:
5.17.010 Purpose and Intent.
5.17.020 Definitions.
5.17.030 44y-Authorization Required.
� �� nnn ems..__._../_ n_._.__.i n__...•.__J
5.17.04-70 Adore„ertr; 4i••eTaxicab Regulations.
5.17.050 -Application for Permits and Fees.
5.17.020 Testing for CaRtrelleed riuhstaRe.es and Alcohol.
5.17 090 i„e......,„,.e RequiFed.
5.17.190 ^e'tv^ircr'arrsi�cr: cf
5.17.110 €wept-
5.1:7.120 ^ne..w.,„O,..,i rn„de fin„
5.17.139 n„eFat-ie„al Requkeme„ts.
5.17140 R;Apg and-G;aFges.
5.17.0-160-W Separate from Business Licensing.
5.17.070 Agency.
5.17.020 Definitions.
For the purposes of this chapter, the words and phrases herein defined shall be construed in accordance with the following definitions:
"Driver" means a person who drives or controls the movements of a taxicab. „,eye„,e„ts of a t- ab
SS2-134
"Owner" means a person who is registered with the California Department of Motor Vehicles as the owner of a vehicle used as a taxicab, or who has a legal right to possession or control of such vehicle pursuant to a lease or other agreement. The act of any driver of a vehicle used as a taxicab shall be deemed an act of the owner, eaRS the r isteFed ^ . A-fA tAgir-Ah
er hliG . #ty
"Prearranged trip" means a trip using an online enabled application, dispatch, or internet website. "Regulatory authority" means the County or any city within County where a taxicab business is substantiallv located.
"Substantially located" means either of the following: the city or county where a taxicab business is Primary located; e4:,or the city or county where the total number of prearranged and non -prearranged trips that originate account for the largest share of the taxicab businesses' total number of trips over the previous calendar year as determined annually.
"Taxicab" means a vehicle epeFated within the ;,,, iSdi,.+;^^ f the GA capable of carrying not more than eighth persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a charter party carrier licensed as such by any State agency, including the California Public Utilities Commission, a rideshare as defined in Cal. Veh. Code Section 522, or any other vehicle having a certificate of public convenience and necessity issued by any State agency, including the Public Utilities Commission.
"Taxicab business" means any enterprise, whether carried on for profit or otherwise, that operates taxirnhc
"Taxicab business permit" means a valid permit issued by the City9GTAP authorizing a person to operate a taxicab business.
"Taxicab Driver's permit" means a valid permit issued by the City authorizing a person to drive or control the movements of a taxicab.
"Taxicab vehicle permit" means a valid permit issued by the City9GTA12 authorizing a particular vehicle to be operated as a taxicab.
5.17.030 Authorization Required.
A. No person shall operate a taxicab ortaxicab business in the City without a taxicab business permit, taxicab drivers permit, and taxicab vehicle permitc-�^r^ n+r.
Notwithstandine Subsection (A). a taxicab business and its driver may perform prearranged tri within the City if the taxicab business, taxicab driver, and taxicab vehicle are permitted by a regulatory authority where the taxicab business is substantially located.
SS2-135
5.17.040 Taxicab Administrath Regulations.
A. The City Council shall adopt by resolution regulations of taxicab businesses substantially located in the City including, but not limited to, the establishment of a maximum rate for fares, and the permitting of taxicab drivers. taxicab businesses. and taxicab vehicles. which shall be published on the Citv's website and available to the public in the Office of the City Clerk.
B. No person shall operate a taxicab vehicle ortaxicab business substantially located in the City unless in compliance with the administrative regulations adopted by the City Council pursuant to this section. 5 17 AAA Ilri..p—r-IS Di.rw.it De gUiFed
Ne persen shall epeFate a *-;;w*c---;;-h in the City unless that peFsen pessesses a P-IriveF's peFmit. QwneFs shall C 17 g6O Taxerah Q-.ein^oo D^rmk Req uir^.J
5.17.0507-0_ Application for Permits and Fees.
A. Application for a taxicab business permit, taxicab driver's permit, or taxicab vehicle permit of t—;;x4c-,h h„SiReSS neFmit shall be made to the City9CTAR, upon a -forms provided by 9CTARthe City, and shall be accompanied by an application fee sufficient to cover the administrative costs of processing such application as established by the ^ra^^^ COURt„ TFanspA-r+-,+;,,h "„tha+4resolution of the City Council.
Reauirements for issuance and maintenance of a Citv taxicab business permit. taxicab drivers permit, and taxicab vehicle permit shall be set forth in the regulations established by the City Council.
C 17 114I1 Testing fee Controlled -and- Alcohol
A H—rii.�P—r sh 11 test negative fe—r rentrelled ;- ibstances And ale-ehel s required by applicable State statutes.
C 17 090 InouranGe Require
A dFiveF E)PeFatiRg a ta)(iGab OR the City Shall earFy with h*Fn/heF at all times prAAf Af that vehicle, with such PE)liGY ImMitS and Coverage -;;-,; establi-shed by QGTAP and adepted by separate SS2-136
1. A rched-i ile e,f ra+r.r
rh@Fge,r fe,r the
hire e,f taxie-,h.
-A.Ad
7 The, rlri...,r'r . d
z.
T- h te A-;.A.APeF'S RarRe,
-,eJdFesr.
;
nrl +nlnnhe,nn
-;---eh
n Fnb4 r.
,
-R. address
4. The, +A.,ir;;h i.J.,. *AG--,+;..R
q The rlri..rr'r issued
., .,-.h.,r.
,
. .++,+hir
rh ,+ r.
permit
6 The,
issued
.,++., +hir
. -.
yehiele p
FRi+
p
ch-.pteF,
R
ar+-,hlirhed by OCTAD and ade pted by r e,lutie,n e,f+he City Ceunril e,f+he City re uncil
5.17.0-16-0 Separate from Business Licensing.
SS2-137
A. The requirements of this chapter are separate and independent from the business licensing and any other provisions under this Ccode. Complianeewith the—p,=evis+ens orthis—cater Fnay be see lFed A taxicab business that is not substantially located within the Citv shall not be reauired to obtain business license.
5.17.070 Agency.
The owner of taxicab business and/or taxicab vehicle and the taxicab driver shall each be jointly and severally responsible and liable for all acts and omissions of the taxicab driver while the driver operates a taxicab in the Citv.
SS2-138
Chapter 5.20
PAWNBROKERS, SECONDHAND DEALS AND JUNK DEALERS
5.20.010 Pawnbroker Defined.
The term "pawnbroker" shall have the same meaning as that term is defined in Cal. Fin.r,'ff^r^" P^,^e"' Code Section 21000 ^ statute theFet^
5.20.030 Secondhand Dealer Defined.
The term "secondhand dealer" shall have the same meaning as that term is defined and limited in Cal.Eali#aria Business. & and _Prof.�T_Code Sections 21626 and 21626.5 any , __.______. statutes fie. Any person or entity exempt from being considered a "secondhand dealer" pursuant to Section 21625 et seq. of the Cal.+#eria Bus.iRess &ate= Prof.essieRT_Code Section 21625 et seq. *"^Fete shall also be exempt from being considered a "secondhand dealer" by this chapter.
5.20.040 Junk Dealer Defined.
The term "junk dealer" shall have the same meaning as that term is defined in Cal.i#ePia Bus.iReSS & Prof.esswO;T Code Section 21601 OF Stat'U+^ *"^"^*^
5.20.050 Permits
C. Investigation. The Chief of Police ^• his ^" her designee shall cause to be made such investigation of the applicant's application for compliance with this chapter and any applicable State regulation.
D. Report of Investigation. The Chief of Police ^r his ^r "^r d SigR^^ shall complete his or her investigation herein provided for and shall make a written report within ninety (90) days that certifies whether or not the requirements of this chapter have been satisfied.
F. Revocation or Refusal. A permit applied for hereunder may be refused by the Chief of Police eris-er her design if the Chief of Police ^fie determines that the applicant has been convicted of an attempt to receive stolen property or any other offense involving stolen property or that the permit holder engaged in any act which the permit holder knows to be in violation of this chapter and such violation demonstrates a pattern of conduct. For the purposes of this section, "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
A permit issued hereunder may be revoked by the Chief of Police or an application for renewal of such permit may be refused by the Chief of Police and the permit holder's activities pursuant to the permit may be prohibited if the Chief of Police determines after notice and hearing:
1. That the business was not carried on only at the location designated on the permit. The permit will designate all locations where property belonging to the business is stored. Property of the business may be stored at locations not designated on the permit only with the written consent of the City; or
2. That the permit or a copy thereof, issued by the "'ewpaFt Beams" Police Department, was not displayed on the premises in plain view of the public; or SS2-139
3. That the permit holder engaged in any act which the permit holder knows to be in violation of this chapter and such violation demonstrates a pattern of conduct; or
4. That the applicant has been convicted of an attempt to receive stolen property or any other offense involving stolen property. For the purposes of this section, "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere. The Chief of Police may revoke or refuse renewal of such permit when the time for appeal of the conviction has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Cal. Pen Code Section 1203.4 ^f the Califernia PeRal CA-& ^ any sueeesser statute theFete; or
5. That the permit holder has not fully and truthfully filed a renewal application and paid the permit renewal fee specified by the City.
G. Appeal. Any person aggrieved by the action of the Chief of Police in the denial of an application for permit or renewal of permit as provided heretofore shall have the right of appeal to the City Manager h" ^r her deSig^^^. Such appeal shall be taken by filing with the City Manager within fourteen (14) days of the postmark date of the Chief of PoliceOF designee's notice of denial sent to the person's last known address a written statement setting forth fully the grounds for appeal. The appeal shall set forth the particular condition and the reasons that the applicant believes the findings or decision is in error. The City Manager ^fie -shall set a time and place for a hearing of such appeal and notice of such hearing shall be giVeR to the appellaRtserved in the manner provided in Section 1.08.080 *^ the Same- MaRReF as PFE)Vided 1h-S^Gfi^^ (W) of this s^rt'^^ f^.- ^^*ic^ of heaFiRg OR ea''^^. The decision of the City Manager on such appeal shall be final as to the City but subiect to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.,^J �' ^
H. Notice of Hearing. Notice of the hearing provided for shall be given in writing to the applicant or permit holder, as the case may be. Such notice shall be served in the manner provided in Section 1.08.080 s-at least five days prior to the date set for hearing. The applicant or permit holder, as the case may be, shall have the right to be represented at such hearing by counsel.
5.20.070 Reporting of Transactions.
A. Reporting Requirement for Pawnbrokers and Secondhand Dealers. Every pawnbroker and secondhand dealer shall make out and submit a full, true and complete report of pawnbroker and secondhand dealer transactions, the form and contents of which shall comply with the provisions of CaLifernia Bus.i„ess and & Prof.essim;s Code Sections 21628, 21628.2, 21630, and 21631, and 2 633 and artAt„tos C. Reporting Requirement for Junk Dealers. Every junk dealer shall make out and deliver to the Police Department a full, true and complete report, the form and contents of which shall comply with Cal +feria Bus.iness &a4vd Prof.ess*ens Code Section 21606 er Statute there+^ on the form prescribed by the Department of Justice, including Form BCIA 127, "Record of Junk Sale or Purchase.;"O-any SS2-140
5.20.080 Records Required to Be Kept.
Unless federal or State law requires a shorter time period, every pawnbroker and secondhand dealer shall keep, for a period of threes years, a complete record in the English language of all goods, wares, merchandise or things pledged to or purchased or received by him, which record shall contain all of the matters required to be shown in the reports referred to and described in Section 5.20.070 or this chapter.
Every such record and all goods, wares, merchandise and things pledged to or purchased or received by any such secondhand dealer shall be open at all times during business hours to the inspection of the Chief of Police or any police officer of the City of Newport Beach. Every junk dealer shall comply with the records preservation requirements of CaLifernia Bus.iness &ate Prof.essiens Code Section 21607 SS2-141
Chapter 5.25
OPERATOR LICENSE FOR ESTABLISHMENTS OFFERING ALCOHOLIC BEVERAGES FOR ON -SITE
CONSUMPTION IN COMBINATION WITH LATE HOURS, ENTERTAINMENT, AND/OR DANCE Sections:
5.25.010 License Required.
5.25.020 Applicability to Existing Businesses and Enterprises.
5.25.030 Application for an Operator License.
5.25.040 Application Requirements.
5.25.050 Issuance of License —Criteria and Findings.
5.25.060 Notice of Determination.
5.25.070 Operator License Nontransferable.
5.25.080 Revocation, Suspension or Modification of License for Cause.
5.25.090 Licenses and Fees Not Exclusive.
5i5.100 Penaaitf.
5.25.010 License Required.
No person y shall operate, or engage in, any of the following, until that person has first obtained an operator license pursuant to this chapter:
A. —aAny business or commercial enterprise defined as "bar, lounge, and nightclub;' in Chapter 20.70 of this Code;
B. A business or commercial enterprise e-r-which does or intends to offer alcoholic beverages for on -site consumption in combination with "food service, late hours," as defined at Chapter 20.70 of this Csode er as same FRay be aFReRE-Ited- fre.m. time to time, or C. Aa" business or commercial enterprise that does or intends to offer alcoholic beverages for on -site consumption in combination with "entertainment" as defined at Chapter 5.28 of thise Csode, or "cafe dance" as defined at Chapter 5.32 of this Csode, until that persen er entity "-, first ^"+a;^^d license puFs-w-ant We this chapte
5.25.020 Applicability to Existing Businesses and Enterprises.
The provisions of this chapter shall apply prospectively and shall not operate to revoke any valid permit or other approval in effect as of February 24, 2011 *"^ ^+^ ^{ +"^ ^r�;^ ^,�;f;^d in this chapter. The �' foregoing notwithstanding, the provisions of this chapter shall be deemed to require an operator license in any of the following instances:
A. The approval or amendment of a use permit, as required by Title 20 of this Cc -ode.
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B. The issuance of a building permit for modifications comprising a change in the type of occupancy or an increase in the maximum occupant capacity of an establishment, as defined by the Uniform Building Code.
C. As a result of a negotiated restitution or agreement to resolve or settle any administrative, civil, or criminal matter relating to any violation of this Cc -ode.
D. As required by an order of judgment in a civil or criminal case brought by the City of Newport Beach.
E. Transfer of a business operating pursuant to an issued operator license, as required by Section 5.25.070 of this chapter.
F. The re-establishment of a business or commercial enterprise subsequent to its loss of nonconforming status as set forth in Chapter 20.38 of this Cc -ode.
5.25.050 Issuance of License —Criteria and Findings.
B. At least twenty-one (21) calendar days prior to the decision on the issuance of a license, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet, excluding intervening rights -of -way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent address. The notice shall indicate that written comments to the decision of the Chief of Police will be accepted until the date of the decision indicated on the notice.
C. 2. In the case of a business or enterprise offering "entertainment," as defined in Chapter 5.28, the premises meets all of the criteria in Section 5.28.040(B)(2) through (7);
5.25.060 Notice of Determination.
A. Except in such cases as provided in Section 5.25.030(A), the Chief of Police shall make a determination on an application for an operator license within forty-five (45) days of such application being deemed complete.
B. The applicant shall be served with written notice of the decision, including the findings made by the Chief of Police in conditionally approving or denying the operator license. Notice shall be persenafly served in the manner provided in Section 1.08.080^r served by deposit ;R the ''Ai+real States Mail firs+ GlaSS postage PFepaid, at the shown an the applicatien. Service ;h;;Il he deemed PAMplete upon persenal service er depesit in the United State-s Pe -St Mail C. The determination of the Chief of Police to deny or to place conditions upon the approval of an operator license shall be appealable by the applicant or any interested party. Such appeal shall be made in writing to the City ClerkManager-, within fifteen (15) days of the pestmaFl( date ^f theservice of the -Chief of Police's notice of decision. The appeal shall set forth the particular condition and the reasons that the applicant or any interested party believes the findings or decision is in error. The City CouncilPAapager shall make a determination on the appeal based on the application materials, the written determination of the Chief of Police and the written appeal of the applicant or any interested party. The City CouncilManager may take any of the following actions on the appeal:
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1. Deny the appeal and affirm the determination of the Chief of Police and the conditions contained therein; or
2. Approve the appeal and/or approve or modify an appealed condition; or
3. Refer the application to the Chief of Police for further investigation and determination to be completed by a date certain.
D. The action of the City MaRag2+-Council to deny the appeal and affirm the determination of the Chief of Police or to approve the appeal and/or approve or modify an appealed condition shall be final as to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5, C 7G 9fV1 -Pen lty
A. Any vielatien ef this ehapteF is subject te these Femedies pFeVided fE)F iR ChapteFs j.Q-4 -And- I—CO-5 -,.-alit;.,. to OtheF r ed- i.,S _aIle_�.y ,.d by State aA d Pe dera la, B. any . e-latien .,f this ehapteF is heFeby deelaFe d to be a public r.
SS2-144
Chapter 5.28
LIVE ENTERTAINMENT ESTABLISHMENTS*
Sections:
5.28.010 Definitions.
5.28.020 Permit Required.
5.28.030 Application for Permit.
5.28.035 Application Requirements.
5.28.040 Issuance of Permit —Investigation.
5.28.041 Additional Regulations.
5.28.050 Permits Nontransferable.
5.28.060 Revocation of Permit.
5.28.070 Appeals and Calls for Review.
5.29.090 €inceptions.
5.28.100 Permits and Fees Not Exclusive.
5.28.110 Public Nuisance.
* Public dancing hours —See Chapter 11.02.
5.28.010 Definitions.
5.28.060 Revocation of Permit.
D. The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the place of entertainment is located which offense is classified by the State as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under Cal.40FRia Pen.a4 Code Section 290, or any violation of Cal. Pen.a4 Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288E 288.1 through 289-,24�8a, 311 through 311.10, inclusive, 314, 315, 316 or 647;
5.28.070 Appeals and Calls for Review.
B. The right to appeal to the City Council from the denial, suspension or revocation of any permit, or a call for review regarding the same, required by this chapter shall terminate upon the expiration of fifteen (15) days after -service, in the manner provided in Section 1.08.080, else ing the d p sit f a eertified SS2-145
l #,,. in the United States Post Office of the notice advising the applicant of the action of the City Manager and of his ",^«the applicant's right to appeal such action to the City Council.
D. The City Council of the Gity of "'ewpert Be " may preside over the hearing on appeal or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council of the City of Newpert Reams. The City Council shall preside over a call for review hearing. The City Council of the City of nin,.,pert Reeceshall render its decision within five days from the date of the hearing or, in the event that a hearing officer has been appointed, within five days on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5. r_I'i_._/_ nl_i_ rl__ _I_1_i_._ _t (`__i_._ r � n ^^^Ii I '- !`__i_._ n _t il__ _.__I'.__.___ ___I'L__I'._ -'_ ___i_._ R. Per the of neneleeti:enie piane eF eFgan in any estahlish.ti.ent,C. Fer entertainment cenducted pursuant to a permit i-r-rued under Chapter 1-1-0-3 ef this Cede.
SS2-146
Chapter 5.32
CAFE DANCES*
Sections:
5.32.010
Definitions.
5.32.020
Permit Required for Cafe Dance.
5.32.030
Dance Floor Area Minimum Size.
5.32.035
Restricted Hours of Operation.
5.32.040
Application for Permit.
5.32.050
Issuance of Permit —Investigation.
5.32.060
Revocation of Permit.
5.32.070
Appeals and Calls for Review.
5.32.940
5.32.090
Review by City Gewn,.ii
Prohibited Dancing.
5.32.100
Exceptions.
5.32.110
Licenses and Fees Not Exclusive.
5.32.010 Definitions.
Gity MaRagP-F. The te.rrn "City MaRager" -;hall Mean the City MaRageF of the City ef Newpert Rear-h Ar hir, -Autheraze d representative-.
5.32.070 Appeals and Calls for Review.
If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing by registered mail of the time and place set for hearing of the4 s appeal or a call for review. The City Council at its next regular meeting held not less than five (5) days from the date on which such appeal or call for review shall have been filed with the City Clerk shall hear tie ^plieant the G;ty ""-,na the appeal or call for revieand all relevant evidence. The City Council may sustain, overrule or modify the action of the City Manager, and the decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
SS2-147
The right to appeal to the City Council from the denial, suspension or revocation of any permit required by this chapter or call an item for review shall terminate upon the expiration of fifteen (15) days following t#e service, in the manner provided in Section 1.08.080, of the notice deposit of a registeFed letter on the United -S*a*^S, °^-* ^ffi^e advising the applicant of the action of the City Manager and of the4s right to appeal such action to the City Council.
te a6t 6IP9R the part ef the City Manab— failing te issue, suspending eF reveking any permit thms chapter, The Gity Clerk shall y.frm#P-.P Petir--e A-f the time, plaee and purpese ef the heaFiRg to -he SeRt te the applicaRt 9F permittee by registeFed- Mail at least five days pr*A-.r tA- the date ret fAr thp SS2-148
Chapter 5.36
HOTEL REGISTRATIONS
Sections:
5.36.010 Registration Required.
5.36.020 Entry of Departure Time —Inspection.
5.3603A Size and Formof Reg+ste%irrm%%s—Rete .+{.. of Records
5.36.040 False Registering Prohibited.
5.36.010 Registration Required.
Every person r^ goperatin any_ Feeminghease, ledging heuse, bed and breakfast inn, hotel,-4n- motel, aue_recreational vehicle park- or any other similar place in the City, at all times shall keep and maintain therein a register that sets forth the ter-f rregistrat+eR ca{d,; The name and home street and town address of each and every guest or person renting or occupying a room or rooms and the room number(s)
,
of each room assigned to be occupied by each such guest or person, together with the time when such room is rented —,&Rd. Ujontil all of the aforesaid entries shall be made, no guest or person shall be suffered or permitted to occupy any such room.
5.36.020 Entry of Departure Time —Inspection.
When the occupant or occupants of such room so rented shall quit and surrender the same, it shall be the duty of the proprietor or an agent thereof to enter the departure time as nearly as can be determined in such register ^r en such registratien card ^ sit^ the narne ^f Such ^ nt ^ eGeupants. Modifications to the registerErasures ^r ^It^ratiens shall not be made for any purpose. Such register ^r all ^gistration earls, shall be kepimaintained or accessible in the office of the person renting such rooms.
The register shall be maintained for a minimum of one year.
Any police officer of the City of nl.,, peFt Beach may inspect the register OF r^^istrat'^n cards as long as such inspection complies with federal and State law.
5.36.030 Size and Reg+steF and Cards —Retention of Records minimurn size ef eight inches by ten *Rches. The registratien cards; shall he n, -rnhprpfi shall be ---red On sueh sequence; the n-Mm.-hers. Shall be PFORted E)F ethe-.P.vise indelibly affixed te sueh The FegisteF shall be peFfflanently bound Se that Re sheet R9ay -he tak&A *hP-FP-fFA-1M1 Shall She A-f the carrlo shall be retained fer a minimum peried of ene y
SS2-149
5.36.040 False Registering Prohibited.
No person shall register at any bed and breakfast inn, hotel, motel, recreational vehicle park or other similarFE)eM*rghease,'9dgwRghouse, hotel, inn, m^+^l a6ite e9wict, ^ ^+"^. place in the City under the name of any other person or of a false or fictitious person, eF give eF sign upen the ist^: of any PlaEe aRY aSSUFRed,false ^: fiefifi^i,s Ram^ or any ^t�name other than the true or correct name of such person so registering ^rt h°c ^- her ^ ^ t^ be SigRed.
SS2-150
Chapter 5.42
SOLICITATION
Sections:
5.42.010 Findings and Purpose.
5.42.020 Definitions.
5.42.025 Commercial Solicitation —Registration Card Required.
5.42.030 Exemptions.
5.42.040 Application for Registration Card.
5.42.050 Registration Fee.
5.42.060 Issuance of Registration Card.
5.42.070 Term of Registration Card.
5.42.080 Nontransferability of Registration Card.
5.42.090 Waiver of Requirements in Emergency.
5.42.100 Handbills in Public Places.
5.42.110 Placing Handbills in Vehicles.
5.42.120 Distribution of Handbills on Residential Property.
5.42.125 Residential Properties Displaying "No Soliciting" Signs —"No Solicitation" List.
5.42.130 Posting on Public Property.
5.42.140 Posting on Street.
5.42.150 Handbill Exceptions.
5.42.160 Publicly Soliciting Prohibited.
5.42.170 Time, Place and Manner of Solicitation —Prohibitions.
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5.42.020 Definitions.
"City Manager" means the City Manager ef the City ef Newpert Beach eF his/heF designee. "Noncommercial solicitation" means religious and political contacts, and solicitation not primarily commercial in nature, and not primarily related to an economic transaction such as the exchange of goods or services for a financial fee or cost. Noncommercial solicitation may include solicitation of monetary or nonmonetary donations to nonprofit entities, when such solicitation is not conducted by a for -profit entity that is paid for solicitation on the nonprofit entity's behalf, or that retains any portion of the funds solicited on behalf of the nonprofit entity.
5.42.030 Exemptions.
F. Electronic solicitation, Bdirect solicitation through United States mail or ; selieitatien conducted solely by means of radio or television broadcasts;
5.42.040 Application for Registration Card.
A. At least ten (10) days prior to the date the applicant intends to engage in commercial solicitation, Aan application for a registration card shall be made to the Police Department on forms supplied by the City.
The applicant Shall verify the application fA-.r a eard uRder peRalty of pe6ury and file it ;Afffith the Pelfficle DepaFtFne t at least ten (10) days pFmA-.r te the date the applicant intends te begin The Police Department may, for good cause shown, allow the filing of an application less than ten (10) days prior to the date the card is requested.
B. The application shall contain the following information:
1. The full name, mailing address, principal business or residential address and telephone number, and the nature of the relationship between the applicant and the card holder, including whether the applicant is a volunteer, a paid officer or employee, an independent contractor, or an agent of the card holder;
2. Written authorization of permission to solicit from any person or organization for which the applicant intends to solicit;
3. Where applicable, documentation from the State of California that the cardholder is in compliance with Cal. Gov. GeveFRFneRt Code Section 12599;
5.42.125 Residential Properties Displaying "No Soliciting" Signs —"No Solicitation" List.
Occupants of residential properties who visibly display "No Soliciting" signs, or signs with similar wording, may annually request to have their addresses included on a registry of residential properties whose occupants do not wish to receive unsolicited handbills or commercial solicitation. The registry shall be maintained by the City Manager's Office and through the City's website, and shall be available on the City's website to the public and all potential commercial and noncommercial solicitors. It shall be a violation of this section for any commercial or noncommercial solicitor to sr distribute handbills or engage in commercial solicitation at or to any dwelling unit that is included on the City's "no soliciting" registry.
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5.42.170 Time, Place and Manner of Solicitation —Prohibitions.
B. No commercial solicitation is permitted at any residential property at which a sign is displayed indicating "No Solicitors" or a similar indication that no solicitation is desired by the occupant(s); G. No solicitation shall occur when the person to be solicited is in or on any of the following places:
1. During a live presentation or performance on any City property, unless the solicitation is authorized by the City or a special event permit;ARY ^U"'i^ pier-, "^arS" ,r'(iRg let er p StFHetWe d el( r ferry landiRg;
2. Inside aApy public transportation vehicle or public facility;
3. Any vehicle en the publie OF private street, alleyway er publie Fight of way;
34. Within fifty (50) feet of any automated teller machine; 4-5. Outdoor and/or indoor dining areas of restaurants or other dining establishments serving food for immediate consumption without the express permission of the restaurant owner, manager or operator; or
56. A queue of five for more persons waiting to gain admission to a place or vehicle, or waiting to purchase an item or admission ticket;
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Chapter 5.43
STATE VIDEO FRANCHISES
5.43.010 Definitions.
"Gross Revenue" shall have the definition set forth in Section 5860 of the Cal.+#erpia Pub.4c- Util.#�es Code
5.43.030 State Video Franchise Fees.
A. Any State Franchisee operating within the boundaries of the City of Newport Beach shall pay a fee to the City equal to five percent (5%) of the Gross Revenue of that State Franchisee.
B. Any State Franchisee operating within the boundaries of the City of Newport Beach shall pay an additional fee* to the City equal to one (1) percent4l%4 of the Gross Revenue of that State Franchisee, which fee shall be used by the City for PEG purposes consistent with State and federal law. * Code reviser's note: Ord. 2017-5, Section 1, provides, "The City's PEG fee imposed in CodeE Section
5.43.030(B) is hereby reauthorized to the extent required by C-Cal.al+fernia Pub.i e Util.A es Code- Section 5870(n). All state franchisees operating within the City, including but not limited to the AT&T Franchise, the Cox Franchise, and the Time Warner Cable/Spectrum Franchise, shall continue to collect and remit the PEG fee as required in "'Code Section 5.43.030(B), which fee shall remain unchanged and in full effect as to all state franchisees. The City Council expressly intends for this ordinance to apply retroactively to the expiration and renewal of the AT&T Franchise and/or the Cox Franchise to the extent either or both such franchises expire prior to the effective date of this ordinance."
5.43.050 Customer Service Penalties Under State Franchises.
B. The City Manager, er has er her designee, shall monitor the compliance of State Franchisee(s) with respect to State and federal customer service and protection standards. The City Manager, er his er her deSigRee, shall provide the State Franchisee(s) written notice of any material breaches of applicable customer service standards, and shall allow the State Franchisee(s) thirty (30) days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty (30) dayday; time period shall be subject to the following penalties by the City Manager, or his or her deSigRee
1. For the first occurrence of a violation, a fine of five hundred dollars ($500.00) shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars ($1,500.00) for each violation.
2. For a second violation of the same nature within twelve (12) months, a fine of one thousand dollars ($1,000.00) shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars ($3,000.00) for each violation.
C. A State Franchisee may appeal a penalty assessed to the City Council within sixty (60) days. After relevant speakers are heard, and any necessary staff reports are submitted, the City Council will vote to either uphold or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final as to the Citv but subiect to iudicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 SS2-154
Chapter 5.44
Cable Communications Franchises
5.44.020 Definitions.
to ,� State f � r�
�v-a'cr's+i�ess�t �ccr�z�-rca,�;Tcr.
"Facilities" or "facility" shall have the same meaning in this chapter as these terms have in Chapter 13.20 of this e ^'ewpert Beaeh Munieipal Code.
"Public right-of-way" or "right of way" shall have the same meaning in this chapter as the term or terms have in Chapter 13.20 of thise Newport Beaeh Municipal Code.
5.44.030 Grant of Franchise.
H. Use of Public Rights -of -Way. Pursuant to Chapter 13.20 of thise "'ewpaFt Beach M Ricip,' Code and for the purposes of operating and maintaining a system in the franchised service area, a company may place and maintain within the public rights -of -way the property and equipment that conforms to the laws and standards of the City and as are necessary and appurtenant to the operation of the cable communications system. Prior to construction or alteration of the plant in public rights -of -way, a company shall comply with Chapter 13.20.
5.44.070 Services.
G 4. After cable service has been established by activating trunk or distribution cables for any area, company shall provide cable service to any person requesting cable service in that area within nine n ^days from the date of request, provided that the company is able to secure all access rights necessary to extend service to that potential subscriber within that nine (9) day period on reasonable terms and conditions.
5.44.080 Design and Construction of System.
The system shall be designed and constructed in accordance with the provisions of Chapter 13.20 of thise niowpert Beach IVIURiGip 4Code and the franchise. Construction components and techniques shall be in accordance with Chapter 13.20, the franchise and all applicable law.
5.44.090 Operations and Maintenance.
H 4. When applicable, if the company cannot perform standard installations within nine L�j^days of request by a subscriber (provided that the schedule or preferences of the person requesting installation have not been responsible for the delay), the subscriber may request and is entitled to receive a twenty dollar ($20.00) credit. Repeated failure to perform standard installations within the nine LqLGatepAa-rdays or to provide the credit for late installations shall be grounds for franchise revocation or other enforcement actions.
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5.44.110 Termination and Related Rights.
2 j. Substantial failure to comply with the privacy rights of subscribers as provided in this chapter, any franchise, OF SeGtie^ 631 ^f the Cable Act Section 631 or S^^*i^^ 637.9 ^f the Cal_ifernie Pen.,4 Code Section 637.5;
6. Upon any termination of any franchise, if so directed by the City, the company shall, at its own cost and expense, promptly remove that part of the system located in the right-of-way and shall replace or repair and restore to serviceable condition each affected facility therein, in the manner as set forth in this chapter and Chapter 13.20 of thise "'ewper* Beaeh Municipal Code.
5.44.135 Indemnity and Liability Insurance.
A. To the maximum extent permitted by applicable law, a company shall at all times defend, indemnify, protect, save harmless; and exempt the City, the City Council, its of eeFS ageRtS, servaRts, a4E) Reys ^ empleyees, fFem any and all, peR@ltmies, damages eF eh@Fges aFising eut ef elaims, suits, demands, causes ,
,
y4h;,." shall "^ ^.,^r^ by the Gott' its boards and commissioners, officers, agents, volunteers attorneys and employees, from any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys' fees, consultants' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever whether compensatory or punitive, either at law or in equity, which may arise from or in any manner relate (directly or indirectly) to the construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal or restoration of facilities within the City based upon any act or omission of a company, its agents or employees, contractors, subcontractors, independent contractors, or representatives. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the company, the City, and/or the parties initiating or bringing such proceeding.
B. Every company subject to this chapter shall procure insurance which types and amounts shall be determined by the Risk Manager. r="--± ^ ;dedOF plemented by any fFanehis agFeement, lieense er permit, a cernpany shall secure and maintain, public liability, preperty damage insurance, and mhr ll� -eveFageat L a-st the fell.,..,ing ameunt&l
1 Public Liability. Tw e millien .d.,ll-,rs ($2 nnn nnn nn) r perser /per eccurrencej
2. Property Damage. T.ye- milli.,., dollars ($2 nnn nnn nn) r any one Claim; , SS2-156
three highest .,r hest Fat;RgS frGFR the Alfr.,.d M. -ReSt r'.,rRr.aRy E. The public liability and pFepeFty damage inSUFanee pelicies Shall -ap P-Rder.seffleRt ebligating the c-aAcellatien of the pe4W
Rpppw
5.44.140 Miscellaneous Provisions.
r,t;r.,ty of this ehapt.,r l aRY ether r
-LK. Possessory Interest. By accepting any PROW Permit granted pursuant to this chapter, company acknowledges that notice is and was given to company pursuant to CaLifAFROA Rev_eRHe &ate Tax.atiae Code Section 107.6 that the use or occupancy of any public property may cause certain taxes to be levied upon such interest. Company shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against its right to possession, occupancy or use of any PROW or public property pursuant to any right of possession, occupancy or use created by any PROW Permit.
SS2-157
Chapter 5.46
REGULATION OF COMMERICAL FILM PRODUCTION
5.46.020 Exceptions.
The provisions of this chapter shall not apply to:
A. Amateur photographers;
B. Any person involved in journalistic activities; or
C. Any person who is employed by the City or who has a contract with the City to stage, shoot, make, capture, take or record images for a commercial or business purpose.
5.46.060 Appeal or Call for Review.
A. Decision of Film Liaison. Any person aggrieved by the decision of the Film Liaison shall have the right to appeal the approval or disapproval of the application to the City Manager within five (5 edays after notice of the decision of the Film Liaison is mailed. The City Manager shall review the application de novo and shall render a decision within fourteen (14) days.
B. Decision of City Manager. Any person aggrieved by the City Manager's decision shall have the right to appeal the approval or disapproval of the application to the City Council within five ealend@F Ladays after notice of the decision is mailed. The City Council shall review the application de novo and act upon the appeal within sixty (60) days after the filing thereof.
C. Call for Review. A member of the City Council, in their official capacity, may call for review any action of the Film Liaison or City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk, on a form provided by the Clerk, within five eJadays after notice of the decision is mailed. The City Council shall review the application de novo and act upon the call for review within sixty (60) days after the filing thereof.
5.46.080 Bond and Insurance.
The City Manager or the Film Liaison may require, as a condition of issuing such a permit, that the applicant furnish a bond, insurance or both to protect the City against claims of third persons for personal injury, wrongful death and property damage and to indemnify the City for damage to City property arising out of the permittee's activities. If insurance is required, the Risk Manager shall determine the types and amounts to be provided to adequately protect the City.
SS2-158
Chapter 5.48
DIRECTTEs' EmPHONIG ALARM MONITORING SYSTEM
5.48.010 Intent.
Direct alarm monitoringThe +slap"^*^ is a alaFFR system service operated by the "'ewpert Bea " Police Department ;5; -^ -alternative seFvmee that is provided to benefit the citizens of Newport Beach. The Police Department is not required to provide this service and citizens have other options to obtain alarm services through private businesses. The regulations contained in this chapter are intended to provide important information and control to the Police Department for effective and efficient operation of the system and to ensure the cost of the service is recovered and to promote efficient policing operations.
5.48.020 Definitions.
"Direct alarm monitorin-Telep system" and "direct alarm monitoring system(s)" means any mechanism, equipment or device which is designed to operate automatically through the use of die teleph^^^ f-,,.;';t;^-; a landline or cellular line to transmit a signal, message or warning to another location.
5.48.030 Permit Required.
No person shall operate or maintain a direct+ ie alarm monitoring system which automatically transmits a signal, message or warning to any Department telephone line, without first obtaining a permit pursuant to Chapter 5.49 of this Code.
5.48.040 Additional Requirements.
A. In addition to the information required by Chapter 5.49, applicants for permits to install, maintain or operate a *redirect alarm monitoring asystem which is intended to automatically transmit a signal, message or warning to any Department telephone line shall provide additional information required by this chapter to the Chief of the concerned Department. The additional information shall be provided on forms supplied by the City, together with the service charge as established by resolution of the City Council. The application shall include the name, address and telephone number of both the installer of the system and the person or business on whose premises the system will be installed, as well as a description of the system and the location where it is proposed to be installed, and any other information as may be required by the Chief of the concerned Department.
B. The Chief of the concerned Department shall approve such application if he finds that:
1. The use of the alarm system to transmit a signal, message or warning to a designated Department line will not interfere with the orderly conduct of City business;
2. The person installing the system maintains an adequate service organization to repair, maintain and otherwise service the direct +Galarm monitoring systems sold or leased by him;
3. The application complies with the applicable provisions of Chapter 5.49.
C. The Department Chief may impose reasonable conditions on the exercise of the permit.
SS2-159
5.48.050 Right of Inspection.
The Chief of the concerned Department shall have the right to inspect any *^'^Gdirect alarm monitoring system on the premises where it is intended to function prior to issuance of any permit for its operation and may cause an inspection of such system to be made at any time after issuance of a permit to determine whether it is being used in conformity with the terms of the permit and the provisions of this chapter and Chapter 5.49.
5.48.060 Restricted Numbers.
No person shall install, operate or maintain a direct+^'^ ic_alarm monitoring system which automatically transmits a signal, message or warning to any Department telephone line, except to such telephone number or numbers as designated by the permit issued under the provisions of this chapter.
5.48.06 Notification of Change.
T e-Direct alarm monitoring system permits are not transferable. Permittees shall notify Police Chief within five business days of any change of name, address, phone numbers, ownership, or alarm business. Permittee shall deprogram the police dialer number upon change in ownership of the property.
5.48.070 Revocation.
Any permit issued for a +^'^rdirect alarm monitoring system may be revoked pursuant to the provisions of Chapter 5.49, if the *direct alarm monitoring system has been installed, maintained or operated in violation of the provisions of this chapter, applicable provisions of Chapter 5.49, or of any term or condition of the permit, or for failure to pay the cost recovery fee specified in Section 5.48.080.
5.48.080 Annual Monitoring Charge.
In addition to the application fee authorized by Section 5.49.030, each permit holder shall pay to the City on or before July 1st of each year, a monitoring charge as established by resolution of the City Council.
5.48.085 Signs.
Permittees shall not display any sign indicating the direct telephenic alarm monitoring system permitted under this chapter as an aid to service or safety except approved signs provided by City. Approved signs shall be displayed only in connection with the maintenance of a valid permit issued under this chapter and in compliance with all permit conditions and regulations of Chief Police. Fees representing City's cost for approved signs shall be paid in the amount adopted by resolution of the City Council.
5.48.090 Criminal Penalties.
Any person who violates the provisions of Sections 5.48.030, 5.48.050, 5.48.060 or 5.48.080 shall be guilty of an infraction.
SS2-160
Chapter 5.49
BURGLARY - ROBBERY ALARM SYSTEMS*
Sections:
5.49.010
Definitions.
5.49.020
Permit for Alarm System Required.
5.49.030
Application for Permit.
5.49.040
Application for Alarm Permit —Investigation.
5.49.045
Duration of Permit.
5.49.050
Revocation of Permits.
5.49.060
Notice of Appeal.
5.49.070
False Alarm Penalty.
5.49.080
Alarm System Standards and Regulations.
5.49.090
Prohibitions.
5.49.100
Fees.
5.49.110
Limitations on Liability.
5.49.120
Criminal Penalties.
5.49.010 Definitions.
5.49.030 Application for Permit.
Application for an alarm permit shall be filed with the Chief of Police ^fie on forms provided by the City and the applicant shall, at the time of application, pay the fee established by resolution of the City Council. The application shall be signed and verified by the owner or lessee of the alarm system for which the permit is requested, and the application shall contain such information as may be required by the Chief of Police eF desigRee iR eFder to ensure that the permit is issued in accordance with the provisions of this chapter. Permits provided for in this chapter shall be issued by the Chief of Police ^owe and shall be nontransferable.
SS2-161
5.49.040 Application for Alarm Permit —Investigation.
Upon receiving an application from any person for an alarm permit, the Chief of Police ^fie -shall cause an investigation to be made of the system to be installed to determine if the system complies with the requirements of this chapter. If the proposed system complies with this chapter, the Chief of Police of deSigRee shall cause a permit to be issued.
5.49.050 Revocation of Permits.
An alarm permit may be revoked as follows: If, after investigation, the Chief of Police determines that the permittee has violated any provision of this chapter, or in the case teleph a direct alarm monitoring systems any provision of Chapter 5.48, or any conditions of the permit or fails to pay a false alarm penalty as provided in Section 5.49.070, the Chief of Police shall send to the permittee, by registered mail, a notice of intent to revoke the permit, which notice shall specify the violation or violations determined by the Chief of Police to exist and that the permittee has the right to appeal the decision to the City Manager as provided in Section 5.49.060, and that failure of the permittee to remedy the violation or violations specified in the notice of revocation within the fifteen (15) day appeal period, or within such additional time as may be allowed by the Chief of Police upon a showing of good cause therefor, then the alarm permit shall be considered revoked. No new alarm permit application may be made for a period of six ll months after the permit is revoked, unless waived for good cause by the Chief of Police.
5.49.060 Notice of Appeal.
A. If any permittee is aggrieved by any action of the Chief of Police pursuant to the provisions of this chapter, the applicant may appeal to the City Manager by filing with the City Manager a notice of appeal setting forth the facts and circumstances regarding the appeal. This notice of appeal shall be filed not later than fifteen (15) days after service of a notice of revocation as provided for in Section 5.49.050. The City Manager, er duly authorized FepreseRta:�ve, shall, within fifteen (15) days from the date on which the appeal is filed, hold a hearing, consider all relevant evidence produced by the alarm permittee, the Chief of Police and any other interested party, make findings and determine the merits of the appeal.
B. The City Manager, er has duly autherized representative, may affirm, overrule or modify the decision of the Chief of Police and the City Manager's4s decision shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. ..... - 1-1..... ......... .... I .......... ... I - ..... I ....... F,. ......... ... F,. F... , .... .... �.. ....., SS2-162
Chapter 5.50
MASSAGE ESTABLISHMENTS
Sections:
5.50.005 Findings and Purpose.
5.50.010 Definitions.
5.50.015 State Certification and Operator's Permit Required.
5.50.020 Application for Operator's Permit.
5.50.025 Operator's Permit Issuance and Denial.
5.50.030 Requirements of Operation.
5.50.035 Changes of Business.
5.50.040 Operator's Permit Exemptions.
5.50.045 Inspection by City Officials and Notices of Violation.
5.50.050 Operator's Permit Expiration and Renewal.
5.50.055 Suspension, Revocation, Denial and Appeal.
5.50.060 Fees.
5.50.005 Findings and Purpose.
A. It is the purpose and intent of this chapter to provide for the orderly regulation of offices and establishments providing massage therapy services, and to prevent and discourage the misuse of massage therapy as a front for prostitution and related activities in violation of State law, all in the interest of the public health, safety, and welfare, by providing certain minimum building, sanitation, and operation standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses. It is the further intent of this chapter to streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform Statewide regulations enacted by the Legislature in 2008, 2011 and 2014 as Cal.
Bus.iness and& Prof.ess*ens Code Sections 4600 et seq., and by restricting the commercial practice of massage in the City to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes.
SS2-163
5.50.010 Definitions.
"Approved school of massage" means any school or institution of learning that is recognized as an "approved school" pursuant to the Cal Bus.iness &ate Prof.essie„S Code Division 2, Chapter 10.5, as it may be amended.
"California Massage Therapy Council" means the massage therapy organization formed pursuant to --Cal.
C;;UfArnia Bus.iness &a*d Prof.essie„s Code Section 4600, and fellewi"^, et seq. as amended, and referred to as CAMTC herein.
"Certified massage technician" means any person holding a current and valid State Certificate issued by the CAMTC pursuant to= Cal.�e is Bus. s &ae4 Prof. _Section 4600 et seq., -FR4 RN+e �iRg - — -
a eyed whether as a massage practitioner or massage therapist, as defined therein.
FepFesent@#ve
"City"
"Cityi
FepreSeRta#Ve
"PPr,;Ar;"
RELVid''AIS a6tiRg as aR R#t-y.
"State Certification" or "State Certificate" means a valid and current certification properly issued by CAMTC pursuant to-Cal.Ealiferie Bus.iness &a+�d-_Prof.essiGRS Code -_Section 4600 et seq., and f^IIE)Wi^� pe C 1.
5.50.020 Application for Operator's Permit.
A 12. An executed and notarized form to be executed by the person who owns the property, on a form approved by the City, in which the owner agrees that if the operator's permit for the massage establishment is revoked, no new massage establishment may be established at the same property, or continuous parcel owned by the same person, for twenty-four (24) months from the date the massage establishment ceases operating.
B. 7. A complete set of fingerprints taken by the Police Department subject to a fee to cover actual costs to determine whether the applicant has any of the following:
a. Convictions for any crime involving conduct which requires registration under California Penal Code Section 290 (Sex Offender Registration Act);
b. Convictions of violations of Ca.fi#ern*a Pen.4_Code Sections 266i (pandering), 315 (keeping or residing in house of ill -fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit place for gambling or prostitution), 647(b) (prostitution), 653.23 (supervision of prostitute); c. Convictions of any felony offense involving the sale of a controlled substance specified in Cal.
Health & Saf. Code Sections 11054, 11055, 11056, 11057, or 11058, ef+he Health � c f *„ -, J SS2-164
d. Convictions of crimes designated in Cal. Gov.erRrneRR Code Section 51032 (massage —grounds for denial of license), or any crime involving dishonesty, fraud, deceit, violence or moral turpitude; e. Injunctions for nuisances under Cal. Pen.a4 Code Sections 11225 through 11235 (red light abatement law);
5.50.025 Operator's Permit Issuance and Denial.
A 5 a. -Has not been required to register under the provisions of Section 290 of the Cal.a Pen.a4--Code; d. Has not been subject to an injunction for nuisance under Cal. Pen.a4 Code Sections 11225 through 11235 within the last eight years.
B 5. The applicant was convicted of or pled guilty or no contest to a violation of Cal. Pen.a4 Code Section 415 as a result of an arrest for violation of Cal. Pen.a4 Code Section 647(b); A6 That an operator's permit for a massage establishment located on this property, or continuous parcel owned by the same person, has not been revoked for at least twenty-four (24) months from the date the massage establishment ceased operation.
B7. The applicant, any business owned or managed by the applicant while the applicant owned or managed the business, the applicant's current employer, or the applicant's former employer during the applicant's employment is or was a named party subject to a permanent injunction against the conducting or maintaining of a nuisance under Cal. Pen.a4 Code Sections 11225 through 11235, or Cal. Health ate& Safety Code Section 11570 et seq., or equivalent offenses under the laws of another jurisdiction.
5.50.030 Requirements of Operation.
1311. Dress Code. No employee or independent contractor of a massage establishment or any other person engaged in the practice of massage for compensation shall dress in attire that is transparent or see - through or substantially exposes the person's undergarments. In addition, no employee or independent contractor of a massage establishment or any other person engaged in the practice of massage for compensation shall dress in a manner that exposes the person's breasts, buttocks, or genitals or in a manner that constitutes a violation of S^eti^^ 314 of the Cal.0fArROR Pen.a4 Code Section 314.
5.50.055 Suspension, Revocation, Denial and Appeal.
A 4. Violations of this chapter or of Ca1ifeMi@ Cal. Bus.iness ate& Prof.essiens Code Section 4600 et seq. have been committed by the massage establishment or by anyone performing massage services on behalf of the massage establishment; or
E. Appeal.
1. The right to appeal to the City Manager shall terminate upon the expiration of fifteen (15) days from the date of Ma+i+pg eFservice of the notice as provided in Section 1.08.080. The notice of appeal is to be sent to the Police Department of the Gity of llje ,peFt Bea
2. In the event an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered by the City Manager ^F his ^" her designee. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals.
SS2-165
3. The City Manager may preside over the hearing on appeal or, in the alternative, the City Manager may appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Manager findings and recommendations to be considered by the City Manager.
The City Manager shall render yea decision within forty-five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty-five (45) days from the date on which the City Manager receives the findings and recommendations of the hearing officer. The decision of the City Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. The applicant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the hearing.
4. Notice of the date, time and place of the hearing shall be mailed at least ten (10) days prior to the date of the hearing as provided- in Section 1.08.080, by U.S. m^i' with ^reef ^f appeal, as the case may be.
I I NO M0.1
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SS2-166
Chapter 5.60
PARAMEDIC SERVICE USER FEES
5.60.020 Fees Established —Resolution.
The City Council shall by resolution establish reasonable fees and charges to be paid by persons using the City's paramedic field services. Upon written application, the City Manager, er his ^r her designee may waive all or part of the paramedic user fees referenced in this chapter.
SS2-167
Chapter 5.70
NEWSPAPER RACKS AND STANDS
Sections:
5.70.010 Intent and Purpose.
5.70.015 Definitions.
5.70.020 Newsrack Permits.
5.70.025 Requirements and Duties.
5.70.030 Special Requirements for Newsracks Along Marine Avenue on Balboa Island.
5.70.035 Display of Certain Matter Prohibited.
5.70.040 Display of Harmful Matter.
5.70.045 Costs.
5.70.050 Removal of Newsracks.
5.70.055 Appeals and Calls for Review.
S�Severa,ot•, Supplemental Provisions
5.70.015 Definitions.
C. City Manager, "City Manager" shall Mean the City Manager hiS tio, designee
5.70.020 Newsrack Permits.
B. Application. A written application for a newsrack permit shall be filed with the City Manager, ^nor h^, and shall contain the following information:
1. The name, address, and telephone number of the applicant and owner of the newsrack.
2. The name, address, and telephone number of a representative or other responsible person whom the City may notify or contact at any time concerning the applicant's newsrack.
3. The number of newsracks at the street address of the proposed location of each as shown on a scaled drawing of the proposed location.
4. A diagram of the location proposed for the installation of the newsrack(s).
5. Names of newspapers or periodicals to be contained in each newsrack.
6. Type or brand of newsrack, including description of the newsrack and mount, if other than K- Jack Style Mount Model 100.
SS2-168
5.70.025 Requirements and Duties.
G. No person, association, firm or corporation shall place, locate or maintain a newsrack on the public right-of-way unless there is on file with the City " erRisk ManagerAr h6s er hPF des+gRee, OR {i ee of rya- proof of insurance, which types and amounts shall be determined by the Risk Manager.
H. Every permittee of a newsrack located upon the public right-of-way must comply with the provision of "'ewpeFt 9e@Gh M61R*Gopal Code, Business Licenses and Regulations, Section 5.04.020.
5.70.030 Special Requirements for Newsracks Along Marine Avenue on Balboa Island.
C. 'n the event that the nNewsracks proposed to be placed at any one location violate the provisions of Section 5.70.020(E) or 5.70.030(A), (B), priaFity shall be given priority on a first -come, first -served basis. as f^ ^ "
SS2-169
5.70.040 Display of Harmful Matter.
A. Definitions. For the purposes of this section, the terms "harmful matter," "matter," "person," "distribute;. "knowingly;. "exhibit," and "minor" shall have the meanings specified in Cal. Pen. Code Section 31:31A-rthe Penal Cede A-f the State A-f Calife—rPia. For the purposes of this chapter, the term "blinder rack" shall mean opaque material placed in front of, or inside, the newsrack and which prevents exposure to public view.
5.70.050 Removal of Newsracks.
r f.
€--InIf the eve —Pt that the City Manager determines that a newsrack does not comply with the provisions of this chapter or is abandoned, the City Manager4e-ef--4e shall servee written notice of such determination to the permittee or owner in the manner provided in Section 1.08.080. The notice shall specify the nature of the violation and, the location of the newsrack which is in violation, the intent of the City Manager to remove the ^^^e^^fe-RR ^the newsrack in the event a hearing is not requested, and the right of the permittee to request a hearing, before the City Manager, within fifteen (15) days from the date of tl�,--service of the notice. If the newsrack is one which has not been authorized by the City Manager and ownership is not known, nor apparent after inspection, a notice complying with this section shall be affixed to the newsrack.
BQ In the event that a hearing is held pursuant to this section, the City Manager shall render a decision, in writing, within ten 10 days from the date of the hearing, and the decision shall advise the permittee or owner of his or her right to appeal to the City Council, pursuant to the provisions of Section 5.70.055.
Notice of the decision shall be Mam'^d*^ the -served on permittee or owner in the manner provided in Section 1.08.080and shall -hp- reeinsriiddperedd Peffective e—n the date mailed pre-vid-PH thAt the netiee us pFepeF'y -arddr^«^.d and placed in the- NA it ..,i+h firs+_class postage ^ aJ Cs. The City Manager may take possession of a newsrack and, upon the expiration of thirty (30) days, dispose of the newsrack as required by law, if:
1. No hearing is requested by the permittee or owner within fifteen (15) days as provided in Section 5.70.050(A€); or
2. The appeal period specified in Section 5.70.055 has expired; or
3. In the event that an owner or permittee fails to remove the rack within ten 10 days from the date of the decision of the City Council, that the newsrack is not in compliance with the rules, regulations and standards established by this chapter.
D€. The City Manager shall inspect any newsrack reinstalled after removal pursuant to this chapter. The permittee of the newsrack shall be charged a fee for this reinspection as established by resolution of City Council.
E . If a'^ the event that aRy newsrack is abandoned, the City Manager may remove it pursuant to the procedures set out in this section. For the purposes of this section, the term "abandonment" shall mean SS2-170
no publication has been displayed in the newsrack for a period of fifteen (15) consecutive days, no prior written notice has been given by the permittee to the City Manager specifying the reason(s) for nonuse, and the condition of the rack and related circumstances indicate it will not be actively used within a reasonable period of time.
5.70.055 Appeals and Calls for Review.
The City Council shall have the power to hear and decide appeals based upon the enforcement or interpretation of the provisions of this chapter. Any permittee or owner who is aggrieved by any decision of the City Manager may appeal that decision by submitting a written notice of appeal to the City Clerk within twenty-one (21) days of the date on which notice of the decision was served in the manner provided in Section 1.08.080ma+4ed. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk, on a form provided by the Clerk, within twenty-one (21) days of the date on which the notice of the decision was served in the manner provided in Section 1.08.080n;;;+4ed. The City Council may preside over the hearing on appeal or may designate a hearing officer to take evidence and submit a proposed decision together with findings, within fifteen (15) days from the date of the hearing. The City Council shall preside over the hearing for a call for review. The City Council shall, within thirty (30) days from the date of the hearing, render its decision on the appeal or call for review, together with findings. The decision of the City Council shall be final as to the City but subject to Judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. ef this chapter (er aRY sectiGR E)F PeFt:iA-.A A-f SeGIJA-R hereef) which can be given effect ihfitheut the PFE)ViSiE)R E)F applicatien, -and- to thiS eRd the PFE)Vm-l;iA-.A'-; A-f thms ehapteF are, -and- _are ipte-Rded to be, SS2-171
Chapter 5.80
RETAIL SALES OF FIREARMS
Sections:
5.80.010 Duly Constituted Licensing Authority.
5.80.020 Definitions.
5.80.030 License Required.
5.80.040 Fees.
5.80.050 Revocation or Denial of License.
ncn se ability.
5.80.010 Duly Constituted Licensing Authority.
The City Managerhis -FdesigRated FepFeseRta:ViPe _is hereby designated as the City's licensing authority and is authorized to issue licenses for the sale of firearms pursuant to Cal. Pen Code Section 26705+H
5.80.020 Definitions.
The term "firearms" shall mean the same as that term is defined in t#e-Cal.+fernm;; Pen.a4 Code Section 16520.
5.80.030 License Required.
No person shall conduct, engage in or carry on the business of selling, leasing, transferring, advertising, offering or exposing for sale, lease or transfer of firearms unless he or she has obtained a license from the City Manager pursuant to this Code and the Califernia Cal. Pen.a4 Code and has paid the required licensing fee. The license shall not be transferrable and shall be valid for one year from the date of issue.
5.80.050 Revocation or Denial of License.
The City Manager may refuse to issue or to renew a license or may revoke or suspend an existing license on any of the following grounds:
A. The applicant or license holder has failed to comply with any of the provisions of the CaLifernia Pen.a4 Code.
B. The applicant or license holder has failed to comply with applicable provisions of thise Newp Ft Beach Muni meal Code.
C. The applicant or license holder has failed to comply with applicable federal firearms laws and regulations.
SS2-172
D. The applicant or license holder has made a material false, misleading, or fraudulent statement of fact to the City in the permit application process.
In any such case, the applicant or license holder shall have the right to appeal to the City Council or a member of the City Council may call an item for review in the time and manner set forth in this section.
When the City Manager concludes that grounds for suspension or revocation or refusal to renew a license exists, the City Manager shall serve the applicant or license holder, ^i+"^F personally OF by "^"''fPd m;;*' ^,,,,r^65;^d +^ +"^ "„-:n^SS -;rdd-r^5;s ef. the a p p1;, a R t ^r 16,.^ns^ "^1d^*, with a notice of intent to suspend or revoke or refuse to renew the license in the manner provided in Section 1.08.080. This notice shall state the reasons for the proposed suspension, revocation, or refusal to renew, the effective date or if no appeal is filed by applicant or license holder, and the right of the applicant or license holder to appeal to the City Council and the decision of the City Manager to suspend, revoke or refuse to renew the license. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The right to appeal to the City Council or call an item for review shall terminate upon the expiration of fifteen (15) days following the PeFSGRal service eF depesit of the notice of intent to suspend or revoke or refuse to renew the license in the manner provided in Section 1.08.080+"^ United R.,+^s ••";e"^,•^r ';"A" ^ F fiFst The City Council e f the City of Newper+ Be@ may preside over the hearing on appeal or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council of the City of Newport Beach.
The City Council shall preside over a hearing for a call for review. The City Council shall render its decision within forty-five (45) days from the date of the hearing or, ^ +"^ ^v^^+ +",*if a hearing officer has been appointed, within forty-five (45) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
C 4A ALA C.,..., r-. L.:I:+..
if any sectien, subsectien, sentence, clause er phrase ef this chapter is fer any re-a-se.n held te be validity ef the remaining pertiens ef the chapter, The City Ceuncil hereby declare-1; that at I.A.feuld have passed the Prdinance cedified an this chapter and each and every sectien, subsectien, sentence, clause SS2-173
Chapter 5.90
ESCORT SERVICE
Sections:
5.90.005
Findings and Purpose.
5.90.010
Definitions.
5.90.015
Escort Service Permit Required.
5.90.020
Application for Escort Service Permit.
5.90.025
Escort Service Permit Issuance and Denial.
5.90.030
Employee Permit Required.
5.90.035
Application for Employee Permit.
5.90.040
Employee Permit Issuance and Denial.
5.90.045
Change of Business.
5.90.050
Fees.
5.90.060 Transfer and Duration of Permits.
5.90.065 Employment of Persons Under the Age of Eighteen Prohibited.
5.90.070 Age of Customer.
5.90.075 Inspection.
5.90.080 Daily Register.
5.90.085 Prohibited Activities.
5.90.090 Suspension, Revocation, Denial, Appeal, and Call for Review.
5.90.095 Applications Barred for One Year.
5.90.100 Violation and Penalty.
5.90.010 Definitions.
For the purpose of this chapter, the following words and phrases shall mean and include:
A. C mefA-f PA-Irc�: Chief A-f PA -lice .,F+he City of ni.,..,peFt Beach er his .,r her designee.
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AC. Employee: Any and all persons who work in or about or render any services whatsoever to the patrons or customers of an escort service.
Bs. Escort: Any person who, for a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or places of amusement or consorts with others about any place of public resort or within any private quarters. Excluded from this definition are any persons employed by any business, agency or person excluded from the definitions of "escort service" below.
C€. Escort service: Any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany other persons to or about social affairs, entertainments or places of amusements, or who may consort with others about any place of public resort or within any private quarters. Excluded from this definition are any businesses, agencies or persons which provide escort services for older persons as defined in Cal.+a Welfare &ate Inst.+S Code Section 9018.496, when such services are provided as part of a social welfare and health program for such older persons.
D-P-. Operator: Any person operating an escort service, including but not limited to the owner or proprietor of the premises upon which it is located, and the lessee, sublessee, or mortgagee in possession. i i
greup E)F ce-m-hinafien aGtiRg as a unit, excepting the United states ef AmeFiea, the State ef Galifemia, and
5.90.025 Escort Service Permit Issuance and Denial.
A 1. Any person that will be directly engaged or employed in the escort service has been convicted of a violation of Cal. Health arm& Safe-t} Code Section 11550 or a violation of Cal Pen.a4 Code- Sections 266i, 315, 316, 318 or 647(b), or has been convicted in any other State of any offense which, if committed or attempted in this State, would have been punishable as one or more of the above -mentioned offenses, or that any such person is required to register under the provisions of Cal. Pen.a4 Code Section 290.
A 2. Any person that will be directly engaged or employed in the escort service has been convicted of any offense involving the sale of a controlled substance specified in Cal. Health arm& Saf. Code Sections 11054, 11055, 11056, 11057 or 11058 or the possession for sale and/or possession of a controlled substance specified in the Cal. Health &arm Saf.ety Code Sections 11054, 11055, 11056, 11057 or 11058 either in an escort service or while employed by an escort service or has been convicted in any other State of any offense which, would have been punishable as one or more of the above -mentioned offenses.
B 6. The escort service shall comply with all provisions of this chapter and the applicable provisions of thine Code.
5.90.035 Application for Employee Permit.
B 2 e. Two front -faced portrait photos at least two winches by two inches in size taken by the City Manager or Chief of Police; and
SS2-175
5.90.040 Employee Permit Issuance and Denial.
A. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation in such manner as "„P-^oc"eChief of Police deems appropriate ;A ArdPr to ascertain whether such permit should be issued as requested. The Chief of Police shall make or recommend approval, conditional approval or denial of the application within forty-five (45) days of filing of an application withte the City Manager. Said forty-five (45) day period may be continued for an additional thirty (30) days if necessitated by the occurrence of events beyond the control of the Chief of Police. The City Manager shall issue such permit as requested unless the City Manager makes any of the following findings:
1. The applicant has been convicted of a violation of Cal. Health &a-r4 Safety Code Section 11550 or a violation of Cal. Pen.a4 Code Sections 266i-1, 315, 316, 318 or 647(b), or has been convicted in any other State of any offense which, if committed or attempted in this State, would have been punished as one or more of the above -mentioned offenses or that the applicant is required to register under the provisions of Cal. Pen_a4 Code Section 290.
2. The applicant has been convicted of any offense involving the sale of a controlled substance specified in Cal. Health &ate Safety Code Sections 11054, 11055, 11056, 11057, or 11058, or the possession for sale and/or possession of a controlled substance specified in the Cal. Health ate& Safety Code Sections 11054, 11055, 11056, 11057, or 11058 either in an escort service or while employed by an escort service has been convicted in any other State of any offense which, if committed or attempted in this State, would have been punishable as one or more of the above - mentioned offenses.
3. The applicant has committed an act, which, if done by a permittee under this chapter, would be grounds for suspension or revocation.
4. The applicant has had a permit license to operate an escort service or to work in or about an escort service revoked by the granting authority.
5. The applicant has been convicted of an act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself, herself or another or substantially injure another or an act of violence, which act or acts are substantially related to the qualifications, functions, or duties of an employee of the escort service.
6. The applicant has knowingly made a false, misleading, or fraudulent statement of fact to the City in the permit application process.
7. The application does not contain the information required by Section 5.90.035.
8. The applicant has not satisfied the requirements of this chapter.
Exis ing EsGeFt Servi
A. Commencing OR the date ef adeptieR of thiS chapter-, peFmit-s -are to be is -rued in weth thp 24 this chapter-. Existing escert services may centinue On effect until Ane hundred and eighty (180) days a4eF adeption of this chapter, WithiR APP hnrin-d and eighty (180) days, ex stiRg eseeFt services sh 11 apply fer an escert service permit pursuant te Sectiens 5.90.015 and 5 90 020 ef this chapter SS2-176
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..
SS2-177
Chapter 5.96
ADULT ORIENTED BUSINESS€S
Sections:
5.96.005
Intent.
5.96.010
Definitions.
5.96.015
Permit Required.
5.96.020
Application Requirements.
5.96.025
Application/Findings/ Requirements.
5.96.030
Permit Duration.
5.96.035
Permit Renewal.
5.96.040
Permits Non -Transferable; Use Specific.
5.96.045
5.9b. -5A
5.9b. 055
Enforcement and Revocation.
ViGIRIJAR
Existing Adult
5.96.010 Definitions.
"Adult model studio" means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises.
Adult model studio shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Cal. Ed. Code Section 94930300, et seq. of *"p- Edue-alien Cede
5.96.020 Application Requirements.
B. Determination of Completeness. The City Manager shall determine whether the application contains all the information required by the provisions of this Chapter 5.96. If it is determined that the application is not complete, the applicant shall be notified in writing within ten 10 business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have thirty (30) czar days to submit additional information to render the application complete. Failure to do so within the thirty (30) day period shall render the application void. Within five business days following the receipt of an amended application or supplemental information, the City Manager shall again determine whether the SS2-178
application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. The applicant shall be notified within five days of the date the application is found to be complete. All notices required by this section shall be deemed given in the manner provided in Section
1.08.080pen the date they aFe eitheF depesited On the United Statees rnail A-.r the date Ypen whieh perse
5.96.025 Application/Findings/ Requirements.
D. The adult -oriented business shall not conduct any massage, acupuncture, tattooing, piercing, acupressure, fortune-telling or escort services on the premises.
I. The adult -oriented business shall not allow admittance to any person under the age of eighteen (18) if no suer alcohol is served, or under the age of twenty-one (21) if suer alcoholis served.
X. The place of entertainment will provide separate restroom facilities for male and female patrons. The restrooms will be free from sexually oriented materials and sexually oriented merchandise as those terms are defined in Chapter 5.96 of thise Newport Beach MURiGipal Code. Only one person will be allowed in the restroom at any time, unless otherwise required by law, in which case the adult -oriented business will employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant will ensure that no person of the opposite sex is permitted in the restroom, that not more than one person is permitted to enter a restroom stall, and, with the exception of urination and excretion, and the necessary disrobing associated with the aforementioned bodily functions, that no person engages in any specified sexual activity in the public portion of the restroom.
5.96.045 Enforcement and Revocation.
C. Revocation Notice. Upon determining that the grounds for permit revocation exist, the City Manager shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision within fifteen (15) calenda days of the posting or the date of service in the manner provided in Section
1.08.080pestmarked date ^^ the "^''Cc^. The notice shall be delivered both by posting the notice at the location of the adult -oriented business and by se„diRg the same, c^Ftifie ' mail, FetU R pt Fequested and ^^stage pro- )a4 serving the permittee with the notice in the manner provided in Section 1.08.080; to then .m.i# e th;#and addFess appears R the permit on the same date. Not later than fifteen (15) caleRdar days after notice is served in the manner provided in Section 1.08.080*"e '_+nor of mailing er pesti g of the netice, the permittee may file an appeal of the City Manager's determination with the City Clerk. If the appeal is filed within fifteen (15) ealendar of the service of the notice in the manner provided in Section 1.08.080mailiRg ^F ^^sting of the ^^''^^ ref^ireenced above, the appeal hearing shall be provided as contained in subsection (D) of this section.
D. Appeal or Call for Review. Any person aggrieved by a decision to revoke a permit under this chapter may file an appeal with the City Clerk within ten (10) days of the decision. The request for the appeal shall state the grounds upon which the appeal is based. A member of the City Council, in their official capacity, may call for review any decision to revoke a permit under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and SS2-179
shall be filed with the City Clerk on a form provided by the Clerk. Upon receipt, the City Clerks h a I I schedule an appeal or call for review hearing before the City Council or an appointed hearing officer and shall provide written notice of the time, date and location of the hearing to the applicant. The City Council shall hear all calls for review. The hearing shall be held no later than forty-five (45) days from the date the request for the appeal or call for review is received by the City Clerk. The City Council shall determine whether grounds for revocation of the adult -oriented business permit exists and shall render their decision at the conclusion of the hearing or upon recommendation of the hearing officer unless the applicant otherwise consents to a continuance. The decision of the City Council shall be final as to the City but subiect to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 Any estalolinshment operated, cendueted er maintained Contrary to the previsions of this chapter is proceedings for the abatement, removal and eRjOiRFReRt thereof OR the manner provided by 4w,_-+Rd_S*a4 take such ether steps and shaP apply to such Court or Courts as may have jurisdietmien to grant such relief as YAN abate or remove such adult Oriented business and restrain and enjoin any PeFSOR from OperatiRg7 cenduetning er mainkinning such an esolakshment centFaFy to the provisions of this chapter-.
C 96 955 Cvis ing Adult Queiv.oc•coc•
FeaSOR of the adopt:ion of this chapter shall be deemed to have been issued a permit Pursuant to t chapter subject to the fe4owiRgi.
A. The nonconforming opeFat:iOR Shall be brought full Compliance With subsect:ions (C�, with subsections (9), (D), (N), (Q), (P), (Q—) and (T) Of SeKOR 556525 not later than One year from the date the erlRaRce cedKed an ON chapter is adepted; and the nGIRCeRfeFMiRg businesses shall be brought into GeMpli@Rce with subsections (E), ARY 'awfully e)(OSARg and OpeFQTiRg adult okesed business which becomes a nonconforming Use by (L), (M), (N), (P), and (R) of Section 5.96.025 net later than five years fr.,m the .Joe of -,.J.,r.HOR of the or.J Ra a C.,.JifiA in rhk Chap r Adure to comply with the reqbremeRtS Of this chapter within the amort:izatiGR periods pr se&�EIR may subject the business to Fevoca:�EIR Of the permit. NOtWithStandiRg the above, any business legally existing @Rd operating as of the date of adephen of the erdbance WAY in ON chapter which does REIt comply wkh the ZORNg PFOWSARS fOURGI OR Title 20 Of thvis Code shak not be requir to ated
SS5180
Chapter 5.97
SIDEWALK VENDING PROGRAM
5.97.010 Purpose.
The purpose of this chapter is to establish a sidewalk vendor permitting and regulatory program that complies with Cal. Gov. Code Section 51036 et seq. The provisions of this chapter allow the City to encourage small business activities by removing total prohibitions on portable food stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public's health, safety and welfare.
A. The City Council hereby finds that, to promote the health, safety and welfare, restrictions on street vending are necessary to:
1. Ensure no interference with:
a. The performance of police, firefighter, lifeguard and emergency medical personnel services;
b. The flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles;
2. Provide reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services;
3. Maximize public access to and along the coast; and
4. Reduce exposure to the City for personal injury or property damage claims and litigation.
B. The City Council hereby finds that the unique characteristics of the City require certain restrictions on sidewalk vending as follows:
1. The Balboa Island Boardwalk is extremely narrow and has a high volume of pedestrians traveling in each direction. Restrictions on sidewalk vending are necessary to protect the public from injury given the Balboa Island Boardwalk's popularity as a tourist destination;
2. The Oceanfront Boardwalk is under twelve (12) feet in width in places and has a centerline, which provides for a high volume of pedestrians, bicyclists, and r^',�„ erskattrsroller skaters to travel in each direction. Restrictions on sidewalk vending are necessary to protect the public from injury given the Oceanfront Boardwalk's popularity as a tourist destination;
3. East Balboa Boulevard between Adams Street and A Street, Marine Avenue on Balboa Island, and East Coast Highway between Avocado Avenue and Hazel Drive are extremely popular tourist destinations with unusually high pedestrian and vehicular traffic volumes. Restrictions on sidewalk vending are necessary to protect the public from injury given the popularity of these tourist destinations;
SS2-181
4. The Civic Center contains the City's emergency operation center, the headquarters for the Fire Department, and other critical infrastructure. Restrictions on sidewalk vending are necessary to ensure that fire equipment is easily accessible and critical infrastructure is maintained and accessible at all times;
5. Many of the City's parks provide passive recreational opportunities and restrictions on sidewalk vending are necessary to protect the natural resources and recreational opportunities, as well as scenic and natural character of these parks;
6. Restrictions on sidewalk vending at active parks is necessary to protect the health, safety and welfare of those persons engaged in active sports activities as well as spectators of sporting activities; and
7. Many of the sidewalks and pathways in the City are under eighth feet wide and sidewalk vending in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities.
5.97.020 Definitions.
B. As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise:
1. "Alcohol" means an "alcoholic beverage" as defined in Section 20.70.020(A), seed e n;
2. "Balboa Island Boardwalk" means the pathway area that borders the water and Grand Canal on Balboa Island and Little Balboa Island;
3. "Beach" means any public ocean front, or bay front beach within the City, including ocean or bay public piers, public floats, public wharves or public strands adjoining public ocean front or bay front beach areas;
lets,(22) feet On vVid-th adjaceRt W the Sandy ocean beach (e)(Cept where the -hear-,h has been impreved with parking �z
W a POORt eal-;* A-f �- -Street. The Or-eanfrept Reardwalk is desigRated as West ocean PPAA* ;;Rd E 4-5. "Certified farmers' market" means a location operated in accordance with Cal. Food & Agr.
Code, Division 17, Chapter 10.5 (cernr eRGi g viath Section 47000 et seq. ` ^f Division 17 ^f the Feed and Agricultural C^.�^ and any regulations adopted pursuant to that chapter, er—any hapt r;
6. „ " eF "CityWall"
Giyoe EenteF DFive Newport Beach, Califemia 92660;
5-7. "Fire station" means any facility where fire engines and other equipment of the City's Fire Department are housed;
SS2-182
68. "Food" means any item provided in Cal. Health &a+44 Safety Code Section 113781 or aRy sueeesseF eti
7-9. "Heating element" means any device used to create heat for food preparation; 849. "Lifeguard headquarters" means the lifeguard facilities located at the base of Newport Pier, alongside the Balboa Pier, and on Corona Del Mar State Beach; 9-14. "MaFijUaeaCannabis" means the substances defined in Section 10.70.020(A) eF aRY sueeesseF seeetienl-
1044. "Merchandise" means any item(s) that can be sold and immediately obtained from a sidewalk vendor, which is not considered food. Items for rent shall not be considered merchandise;
11. Oceanfront Boardwalk" means the concrete walkwav aaaroximately twelve (12) to twenty-two (22) feet in width immediately adjacent to the sandy ocean beach (except where the beach has been improved with parking lots, parks or school playgrounds) and that runs from 36th Street to a point east of E Street. The Oceanfront Boardwalk is desienated as West Ocean Front and East Ocean Front on the official Citv atlas:
WZYMM
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142. "Pathway" means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel, other than a sidewalk; 1546. "Police station" means any facility where police vehicles and other equipment of the C Police Department are housed;
167. "Public property" means all property owned or controlled by the City, including, but not limited to, buildings, alleys, beaches, boardwalks, parks, pathways, streets, parking lots, sidewalks, and walking trails;
179. "Residential" means any area zoned exclusively as residential in Title 20 or 21 or is designated exclusively for residential use as part of a PC (Planned Community) Zoning District, SS2-183
Planned Community Development Plan, Planned Residential District, Specific Plan District, Specific Plan Area, or residential overlay district or their equivalent; 18-9. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction;
1920. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity;
20-1. "Sidewalk vending receptacle" or "sidewalk vendor receptacle" means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for sidewalk vending activities;
21-2. "Sidewalk vendor" or "vendor" means a person(s) who sells food or merchandise from a sidewalk vending receptacle or from one's person, upon a public sidewalk or pathway; 223. "Sidewalk vendor activities" or "sidewalk vending activity" means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vendor receptacles; 234. "Special event" means any special event described in Section 11.03.020(B), or any successor section;
24-5. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location; and
25g. "Swap meet" means a location operated in accordance with Cal. Bus. & Prof. Code, Division 8, Chapter 9, Article 6, (eemm^^GO^^ With Section 21660 et seg.) of GhapteF 9 ^f DiVis,^^ Q ^f the R„;WA^« a^^' °r^f^«i^^s Cade, and any regulations adopted pursuant to that chapter, er any ceSSOF chapt.
5.97.030 Permit Required.
A. No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within the City without first applying for and receiving a permit from the Finance Director, ^F the PiRaR ^ Diree. .r's desig^^^ under this chapter.
B. A written application for a sidewalk vendor permit shall be filed with the Finance Director, ^wee Directer's designee on a form provided by the City, and shall contain the following information:
1. The name, address, and telephone number of the person applying to become a sidewalk vendor;
2. The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle;
3. The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle;
SS2-184
4. The number of sidewalk vending receptacles the sidewalk vendor will operate within the City under the permit;
5. The location(s) in the City where the sidewalk vendor intends to operate;
6. The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s);
7. Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel;
8. The dimensions of the sidewalk vendor's sidewalk vending receptacle(s), including a picture of each sidewalk vending receptacle operating under the permit and any signs that will be affixed thereto;
9. Whether the sidewalk vendor will be selling food, merchandise, or both;
10. If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, whether such foods will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element, if any;
11. If the vendor is selling merchandise, a description of the merchandise to be sold;
12. A copy of the health permit required for any sidewalk vendors selling food, as required by Chapter 6.08, eF any sueeesseF chapte;
13. Proof the person possesses a valid California Department of Tax and Fee Administration seller's permit which notes the City as a location or sublocation, which shall be maintained for the duration of the sidewalk vendor's permit;
14. An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, State, and federal laws;
15. A certification that, to their knowledge and belief, the information contained within the application is true;
16. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities.
This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding;
17. An acknowledgement that use of public property is at the sidewalk vendor's own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at their own risk; SS2-185
18. An acknowledgement that the sidewalk vendor will obtain and maintain throughout the duration of any permit issued under this chapter any insurance required by the C#Y4—Risk Manager;
19. If the sidewalk vendor has operated in the City in the past, proof of prior sales tax allocation to the City; and
20. Any other relevant information required by the Finance Director, ^F the Finance Direeter's des ig R ee.
C. Each application for a sidewalk vendor permit shall be accompanied by a nonrefundable application fee as established by resolution of the City Council. The application and permit is only applicable to the individual(s) named on the application. If said permit is approved, it shall not be necessary for the permittee to obtain a City business license to carry on the activities authorized by said permit, unless such permittee maintains a permanent place of business within the City.
5.97.040 Issuance of Permit.
A. Within thirty (30) ealendaF days of receiving a complete application, the Finance Director; eF the Pi^,^^^ Direeter's desig^^^ may issue a sidewalk vendor permit, with appropriate conditions, as provided for herein, if he or she finds based on all of the relevant information that:
1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
2. The conduct of the sidewalk vendor will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;
3. The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken;
4. The conduct of such sidewalk vending activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;
5. The sidewalk vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this chapter;
6. The sidewalk vendor has not had a permit revoked within the past twelve (12) months;
7. The sidewalk vendor's application contains all required information;
8. The sidewalk vendor has not made a materially false, misleading or fraudulent statement of fact to the City in the application process;
9. The sidewalk vendor has satisfied all the requirements of this chapter; SS2-186
10. The sidewalk vendor has paid all applicable fees as set by City Council resolution;
11. The sidewalk vendor's sidewalk vending receptacle and proposed activities conform to the requirements of this chapter;
12. The sidewalk vendor has adequate insurance coverage to protect the City from liability associated with the sidewalk vendor's activities, as determined by the C#Y!-,Risk Managere Rmsl( ManageF's designee, and, if FequiFed by the Cit�L, the City hass been naffled aas -an -A-difi 9 n sued; a n d
13. The sidewalk vendor has satisfactorily provided all information requested by the Finance Director, OF the FiRaRGe ^'%ZC+^"'- desigRee, to consider the vendor's application.
B. A sidewalk vendor permit is nontransferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this chapter.
C. All permits issued under this chapter shall expire twelve (12) months from date of issuance.
5.97.070 Penalties.
D. The Finance Director, or the PiRaR,.,, Dire-,.+,,,'' d sigR ,, may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations within one year of the first violation.
5.97.080 Appeals.
Al. Any recipient of an administrative citation may request an ability -to -pay determination, contest that there was a violation of this Ce--code, and/or that he or she is the responsible person, by completing a request for hearing form and returning to the City's Finance Department in accordance with Section
1.05.060(A), er any successer serti^^. Notwithstanding the time limits set forth in Section 1.05.060(A), any person requesting a hearing and ability -to -pay determination may file the request within the time frames set forth in Cal. Gov.ernmenR Code Section 51039(f)(1), eF aRY sweeesser-e^tie^.
A4b._-If the Hearing Officer finds the person meets the criteria described in subdivision (a) or (b) of Cal.
Gov.ernment Code Section 68632, er any suGeesser-ectien, the Hearing Officer shall order the City to accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this chapter; A 6. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing and shall list in the decision the reasons for that decision:
a. The Hearing Officer may uphold or deny the administrative citation or take any other action within the Hearing Officer's power;
b. If the Hearing Officer determines that the administrative citation should be upheld and a fine assessed, then the amount of the fine assessed that is on deposit with the City shall be retained by the City and any remainder on deposit with the City, if any, shall be promptly returned; c. If the Hearing Officer determines that the administrative citation should be denied, or imposes an alternative disposition, and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine;
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d. The decision of the Hearing Officer shall be final as to the City but subject to judicial review pursuant to Cal. Gov. Code Section 53069.4; and
e. The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision in the manner provided in Section 1.08.080, er any suceesser seetie" B. Decisions of the Finance Director, er the Direete—r'`' desigRee, to revoke a permit shall be appealed in the following manner:
1. Appeals shall be initiated within fifteen (15) ealendar days of service of notice of the decision in the manner provided in Section 1.08.080, 9F any _._-____.-eetien;
2. Appeals of decisions shall be made in writing on forms provided by the City;
3. Decisions that are appealed shall not become effective until the appeal is resolved;
4. All appeals of decisions shall be heard by a Hearing Officer designated pursuant to Section
1.05.070(A), OF aRY sueeessaF seCtiOR, and the Hearing Officer may be disqualified as provided in Section 1.05.070(B), eF _^y sueeesseF -ect:e^;
5. The Hearing Officer shall have the powers set forth in Section 1.05.070(C)(1) through (4) and
6. A hearing before the Hearing Officer maybe set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. The City and responsible person may mutually agree to waive, modify or change the date of the proceeding;
7. All appeals of decisions shall be conducted in accordance with Section 1.05.080(B), (D), (F), and (G), er any successer ss sectien, and shall comply with the following additional procedures:
a. At least ten (10) days prior to the hearing, the responsible person requesting the hearing shall be provided with copies of the citations, reports and other documents or evidence submitted or relied upon by the Finance Director, er the P;".,"ee ^iP^r*^r's ��r�r�'v- - -
b. No other discovery is permitted. Formal rules of evidence shall not apply.
Administrative hearings are intended to be informal in nature. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules, which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State. Irrelevant and unduly repetitious evidence shall be excluded;
c. The failure of any responsible person who has filed an appeal to appear at the hearing shall constitute a failure to exhaust their administrative remedies; SS2-188
8. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing and shall list in the decision the reasons for that decision:
a. The Hearing Officer may uphold or deny the decision and the decision of the Hearing Officer shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ.
Proc. Section 1094.5: and
b. The responsible person who has filed an appeal shall be served with a copy of the Hearing Officer's written decision, by the City Clerk, in the manner provided in Section SS2-189
Title 6
HEALTH AND SANITATION
6.04 Garbage, Refuse and Cuttings
6.05 Use of Expanded Polystyrene Disposable Food Service Ware
6.06 State Mandated Municipal Solid Waste Diversion Programs
6.08 Food Handling Services
6.25 Regulation of Smoking in Public Areas and W nrk Planes- SS2-190
Chapter 6.04
GARBAGE, REFUSE AND CUTTING
6.04.020 Definitions.
"Municipal solid waste" or "MSW" means putrescible and non_putrescible solid and semisolid wastes generated in or upon, related to the occupancy of, remaining or emanating from any premises within City including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes.
For purposes of this chapter, "municipal solid waste" does not include recyclable materials, food scraps, green waste, wood waste or construction and demolition debris which shall be separated and segregated from municipal solid waste for diversion and/or (1) hazardous waste or household hazardous waste, (2) low-level radioactive waste regulated under California Cal. Health & andSaf.ety Code Section 114960 et seq. or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, Cal. a -Health &ate Safety Code Section 117600 et seq.
6.04.040 Leaf Blowers.
A. Definitions.
1. "Leaf blowers" shall mean any air blowing machine that uses a concentrated stream of air to, propel or blow dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste or debris.
This definition shall include "mechanical blowers" as that term is used in Chapter 10.28. "Leaf blowers" shall not include any leaf or refuse vacuum.
2. "Common interest development" and "association" shall be defined as those terms are defined in Cal. a CivA Code Sections 4100 and 4800. resaectively. 1351
6.04.060 Collection of Solid Waste and Divertible Materials.
B. No person, except an individual acting within the course and scope of their agency or employment with the City, a sanitary district, or a private collector licensed or contracted by the City, shall manipulate or remove from any place or premises in the City, or transport over public streets, any solid waste, or divertible materials.
E 1. Any person, with the permission and consent of the property owner, from gathering and Ferneving solid waste, construction and demolition debris, green waste and/or wood waste generated by construction, landscaping or gardening on the property when the solid waste and/or divertible material have not been set out for collection by the City, a sanitary district, or a private collector licensed or contracted by the City; provided, that such activities are in compliance with all provisions of this Code including, but not limited to, the provisions of Chapter 6.06; E. 3. The immediate removal by any person of solid waste, food scraps, and other divertible material which the Health Officer, Code Enforcement Supervisor, City Manager er his/her designee, Fire Chief, Building Official, Public Works Director, or their agents have determined to constitute a nuisance or an immediate threat to the public health, safety and welfare; SS2-191
6.04.100 Prohibited Material.
A 6. Liquids, paints or any substance the disposal of which is regulated by the Federal Hazardous Substances Act, the Carpenter -Presley -Tanner Hazardous Substance Account Act, or regulations adopted pursuant thereto;
6.04.140 Costs Defrayed from Ad Valorem Tax Revenue.
The cost and expense of collecting, hauling away and disposing of garbage, refuse and cuttings, as those terms are defined by Sections 6.04.010 6.04.020 for any dwelling or dwelling unit, existing or future, within the boundaries of the City as of November 1, 1996, that receives curbside container refuse collection service from the City, shall be defrayed exclusively from the ad valorem tax revenues of the City.
[Note: The definition of "garbage, refuse and cuttings" referred to in Ordinance 96-46 adopted by the voters is now set forth in Section 6.04.020.]
6.04.200 Prohibited Disposal.
B. On Own Property. No owner of real property shall throw, depositor leave, or knowingly permit another to throw, deposit or leave, solid waste or divertible material on such real property, nor shall he or she fail, neglect or refuse to wholly remove solid waste or divertible material from such real property, within three days after receipt of written notice by the Code Enforcement Supervisor, or Public Works Director e-P theiF designee to do so.
6.04.230 Violation, Penalties and Enforcement.
its Of this ehapt r
Q— Except for violations of Section 6.04.060, which may be prosecuted as a misdemeanor or infraction, any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of an infraction pursuant to the provisions of Section 1.04.010(A). )r failiRg te cemply with any ef the requ a rP-.M.P-.Atr- ef. t-.h..S chapter is subject te the issuance ef an SS2-192
Chapter 6.05
USE OF EXPANDED POLYSTYRENE DISPOSABLE FOOD SERVICE WARE
6.05.010 Definitions.
I. "Restaurant" means any establishment located within the City of Newport Beach that sells prepared food for consumption on, near, or off its premises by customers. "Restaurant," for purposes of this chapter, includes mobile food preparation units as defined in Sections 6.08.120 and 6.08.130 of the City of thise Newp rt Beach M,,nieipa4 Code.
6.05.040 Undue Hardship.
A. The City Manager er his/her designee may exempt a food provider from the requirements of this ordinance for up to a one-year period, based upon a written request from the applicant containing sufficient information to determine that the conditions of this ordinance would cause undue hardship. An "undue hardship" shall be found in the following situations:
1. Situations unique to the food provider where there are no reasonable alternatives to expanded polystyrene disposable food service ware and compliance with this chapter would cause significant economic hardship to that food provider;
2. Situations where no reasonably feasible available alternatives exist to a specific and necessary expanded polystyrene food service ware.
A food vendor granted an exemption by the City must reapply prior to the end of the exemption period and demonstrate continued undue hardship, if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed one year.
B. An exemption application shall include all information necessary for the Assistant City Manager-e-r his/her desigRee to make 4ia decision, including but not limited to documentation showing the factual support for the claimed exemption. The Apt City Manager er has her designee may require the applicant to provide additional information to permit the Director to determine facts regarding the exemption application.
C. The AssiStaRt City Manager ^~ his/her desigRee may approve the exemption application, in whole or in part, with or without conditions.
D. Exemption decisions are effective within thirty (30) days, unless appealed to the City Manager within fifteen (15) days. The City Manager's decision shall be final.
6.05.050 Enforcement.
A. -Any person violating or failing to comply with any of the requirements of this Chapter shall be guilty of an infraction pursuant to Section 1.04.010, and `hall be subject to eitatieR and fie nt to ChapteF
1.05, Newpert Beach Municipal Cede.
R_ The City Attemey may seek legal, injunctive, E)F other equitable Felief te e4e.rce this Chapter.
SS2-193
Chapter 6.06
STATE MANDATED MUNICIPAL SOLID WASTE DIVERSION PROGRAMS
6.06.010 Definitions.
"Director" means the Director of the Public Works Department "Food facility" shall have the same meaning as that term is defined in Section 113789 of the California Cal.
Health &ate Safety Code.
"Food recovery organization" means an entity that collects or receives edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to, a: (1) food bank as defined in Section 113783 of the Cal. Health &ate Saf.eW Code; (2) nonprofit charitable organization as defined in Section 113841 of the Cal. Health &ate Safety Code; and (3) nonprofit charitable temporary food facility as defined in Seetie^ 1244' .,f toe —Cal. Health & PA —Safety Code Section 113842. For purposes of this chapter, a food recovery organization is not a commercial edible food generator. "Food scraps" means discarded material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from municipal solid waste and includes surplus or unsold edible food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables, culls, and plate scrapings. Food scraps include food from food facilities as defined in Calmfemma-Cal. Health &ate Safety Code Section 113789, food processing establishments (as defined in Ea'i#ernie Cal. Health &ate Safety Code Section 111955), grocery stores, farmers' markets, institutional cafeterias (such as schools, hospitals and assisted living facilities), restaurants, and residential food scraps.
For purposes of this chapter, "food scraps" does not include edible food for human consumption that is donated or sold or food soiled paper.
"Municipal solid waste" or "MSW" means putrescible and non_putrescible solid and semisolid wastes generated in or upon, related to the occupancy of, remaining or emanating from any premises within City including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes.
For purposes of this chapter, "municipal solid waste" does not include recyclable materials, food scraps, green waste, wood waste or construction and demolition debris which shall be separated and segregated from municipal solid waste for diversion and/or (1) hazardous waste or household hazardous waste, (2) low-level radioactive waste regulated under C^"�Ra Cal. Health &ate Saf.ew Code Section 114960 et seq. or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, Cal. a Health &ate Safety Code Section 117600 et seq.
"SB 1383 generator" means all entities that generate food scraps, green waste, wood and other material that can be collected, recovered, and recycled into new products including compost, biofuel, or electricity, as codified in Cal. Pub.4e Resources Code Section 42652, in a Statewide effort to reduce emissions of short- lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
6.06.080 Reporting, Inspections, and Compliance Verification.
A. The City's representatives and er desigRee areis authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or SS2-194
disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by AB 341 generators, SB 1383 generators, property owners, commercial edible food generators, haulers, self -haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not authorize the City eF its deSig^^ to enter the interior of a private residential property for inspection.
B. Generators shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City's employee er its desig^^^ during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
C. Any records obtained by the City during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Cal.
GOV_eFRFAeRR Code Section 6250 et seq.
D. The City's representatives Rd/eF designee aFe is authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. The City shall receive written complaints from persons regarding an entity that may be potentially noncompliant, including receipt of anonymous complaints.
6.06.100 Diversion Programs Required at Special Events.
I. The promoter, coordinator or responsible party shall submit the following information to the City within thirty (30) calendar days of the end of the special event:
1. Name and date(s) of the special event;
2. Contact information for the responsible party, promoter or coordinator;
3. Address of location where event was held;
4. Number of attendees for each day of the event;
5. Quantity of municipal solid waste collected and disposed;
6. Quantity of recyclable materials collected and diverted;
7. Quantity of food scraps collected and diverted; and
8. Copies of weight tickets from municipal solid waste disposal facility and all permitted processing facilities where recyclable materials and food scraps were delivered.
6.06.110 Requirements for Commercial Edible Food Generators.
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18995.14-.4.
SS2-195
C 4. Allow the City or its designee -to access the premises and review records pursuant to 14 CCR Section 18991.4; and
D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to der of Part )7 .,f 4 ^f T;*l^ _2 ^f th, Cal. Ed.eatien Code Title 2, Division 4, Part 27, Chapter 9, and to amend SeGtiG^ 114079 ^f the Cal Health &ate Sate-ty Code Section 114079; relating to food safety, —as amended, supplemented, superseded and replaeted fre.m. time te time.
6.06.120 Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies.
C. Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generator pursuant to 14 CCR Section 18991.3(b) shall report to the City it is'e-sate' i.^ the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b)AA_ .1ater+haA n aFGh 31, 20
6.06.140 Waivers.
E. The Director's decision shall be final thirty (30) ealendaF days after notice is provided to the applicant in the manner provided in Section 1.08.080, unless appealed to the Assistant City Manager within that time frame. Any appeal shall be submitted to the Assistant City Manager on a form approved by the Assistant City Manager along with the appeal fee. If appealed, the Assistant City Manager shall complete his/her review and issue a written decision upholding, overturning or modifying the decision of the Director within thirty (30) calendar days. The decision of the Assistant City Manager shall be final.
6.06.150 Enforcement.
City staff and r
designee.
SS2-196
AS. Process for Enforcement.
1. The Public Works Director er his/her designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 6.06.080 establishes the City's right to conduct inspections and investigations.
2. The City may issue an official notification to notify regulated entities of its obligations under this chapter.
3. The City shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.
4. Absent compliance by the respondent within the deadline set forth in the notice of violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.05 (Administrative Code Enforcement Program).
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
B€. Penalty Amounts for Types of Violations. The penalty levels areas set forth in Section 1.05.020 subject to any minimum or maximum penalty amounts imposed by SB 1383.
CJ=. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in recycling infrastructure or edible food recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies
D.G-. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Section 1.0565.060.
E#. Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, the City will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that a food scrap and green waste generator, self -hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
SS2-197
R. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the City determines that the SB 1383 generator, self -hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section.
SS2-198
Chapter 6.08
FOOD HANDLING SERVICES
6.08.010 Authorization.
The purpose of this chapter is to authorize the County Health Officer to enforce and observe in the City 4 "'ewpert °^ae-h all orders and quarantine regulations prescribed by the State Department of Health Services, the Calera Health ate& Safety Code and all other applicable statutes and regulations relating to public health, pursuant to the authority of Cal.a Health &a-r4 Safety Code Section 101375.
6.08.020 Definitions.
The following terms used in this chapter shall have the meanings indicated below, and shall a's^ iRG1 1de aRY ameRdrAP—At-'; A—r GhaRges made te -1;PK#iA-.A1-; A-f thP- QlifArnia HP-1th and Safety Cede after dy-1, '�:
"Certified farmers' market" shall be as defined in Cal. Health & Saf. Code Section 113742-5 ^f the C--,';fA-FRia u alth -A.Ad- Safety Cede.
"Commissary" shall be as defined in Cal. Health & Saf. Code Section 1137510 r,f the C-alifE)FRia Health and Smecy-cvcrc
C A PI e
"Food facility" shall be as defined in Cal. Health & Saf. Code Section 113789-5 ^f the cc^';fe..^;a Wealth and — Safety Cede
"Food processing establishment" shall be as defined in Cal. Health & Saf. Code Section 111955Af #e C---al6fA-.rAia Wp-alth ;and- -Safety Cade.
"Inspector" means a registered environmental health specialist, as defined in Cal Health &add Saf.ety Code Section 106615, employed by the Health Department, or the Health Officer or any deputy Health Officer authorized to inspect premises or equipment for the enforcement of this article. "Mobile food preparatien u^4acility" shall be as defined in Cal. Health & Saf. Code Section 11383115e# the !'-Iaf.,rni-p uo-l+h a.nd Safety Cede.
"Open air far-ailuty" shall be a-- defined in Sectien 11393 -0 A-f thiQ C-4;14fn niA Health A Ad Safety Cede, "Produce stand" shall be as defined in Cal. Health & Saf. Code Section 113879-9-9 ^f the C-al;f^rn;., Wpalth "Restricted food service transient eee paney ^stab' ,hm^^*facility" shall be as defined in Cal. Health & Saf.
Code Section 113893
"Satellite food service" shall be as defined in Cal. Health & Saf. Code Section 11389990 of the C@1if.,rn*a HP-alth and Safety Cede.
"Temporary food facility" shall be as defined in Cal. Health & Saf. Code Section 1139302495 Atee Calafernaa Health and safety Code.
SS2-199
"Vehicle" shall be as defiRed iR SeCtiOR M900 of the CalifOFRia Health and Safety Code be as defined in Cal. Veh. Section 670.
"Vending machine" shall be as defined in Cal. Health & Saf. Code Section 1139038-3 of the Califern;-,Health and Safety Code.
6.08.030 Permit Required —Conditions and Terms.
A. It shall b6s unlawful for any person to operate any food facility, vending machine business, fee4 any other food handling business within the City of Newport Beach without first applying for and receiving a food vending permit issued by the Health Department under the provisions of this chapter.
B. Every applicant for a food vending permit shall file with the Health Department a written application which shall state the name and address of the applicant, the character and location of the activity for which a permit is required under this chapter and such other information as the Health Department may require. Applicants for a permit to operate a mobile food acility shall, in addition, provide a list of threes service stops which shall include the address of exact location and time of each stop.
6.08.040 Construction, Conversion and Alteration.
A person proposing to build or remodel a food facility, vending machine business, food processing establishment, or any other food handling business governed by this chapter, shall submit three j3copies of the complete plans and specifications to the Health Department for review and approval pursuant to the applicable requirements of the Cal. Health & Saf. CodeG_al;f „;-, Health .,nd_ Safety Code. The Health Officer may thereafter issue a certificate stating what modifications, if any, are required for compliance with applicable laws and ordinances.
6.08.060 Notice of Violation.
When any State laws, this chapter, or Department rules and regulations have been violated, an inspector may serve a written notice entitled "notice of violation," specifying:
F. That if no hearing is requested or the permittee fails to appear at the scheduled hearing and if the Health Department does not receive notice that all such corrections have been made before 9:OOniqe a.m. of the date specified under subsection (D) of this section, the permit will be subject to suspension or revocation from that time until all violations have been corrected.
6.08.070 Hearing.
A. The hearing shall be held by a hearing officer who is the Health Officer or his or her duly authorized representative and a qual+fie4- environmental health specialist as defined in Cal. Health & Saf.
Code Section 106615 of the Mealt" and Safety Co and registered as provided in Cal. Health & Saf. Code Section 106710 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measure taken.
B. The permit holder shall have the right to a hearing, if requested, on all violations listed in the notice.
A written request for a hearing shall be made by the permittee within fifteen (15) ealepplar days after receipt of the notice. A failure to request a hearing within fifteen (15) calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer SS2-200
may order a hearing at any reasonable time within this fifteen (15) day period to expedite the permit suspension or revocation process.
C. The hearing shall be held within fifteen (15) ealendar of the receipt of a request for a hearing.
Upon written request of the permittee, the hearing officer may postpone any hearing date, if circumstances warrant such action.
6.08.090 Summary Suspension.
C. At any time within fifteen (15) calendaF days after service of a notice pursuant to subsection (B) of this section, the permittee may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within fifteen (15) ealendar of the receipt of a request for a hearing. A failure to request a hearing within fifteen (15) calendar days shall be deemed a waiver of the right to such hearing.
6.08.120 Mobile Food Preparation Units Generally.
In addition to all other applicable provisions of the Cal. Health &a-R4 Saf.fety Code and of this chapter, mobile food preparation units shall comply with the following safety requirements:
6.08.140 Fees.
Applications for a food vending permit shall be filed with the Health Department on a form to be provided by the Department. Applications shall be accompanied by payment of the required fee. The required fee shall be any such fee adopted by resolution of the County Board of Supervisors to be paid by the permittee directly to the Health Officer and retained by the County as reimbursement for services related to this chapter, as authorized by Section 101325 of the CaLifemia Health &a-A4 Saf.ety Code.
SS2-201
Chapter 6.25
REGULATION OF SMOKING IN PUBLIC AREAS AND INGRKoi ACES
Sections:
6.25.005 Purpose and Intent.
6.25.010 Definitions.
6.25.020 Regulation of Smoking in Public Places.
6.25.025 RoR--- '^*i^^ ^f !-;rngkince On Restau,-ants,Disoosal Where Smokine is Prohibited.
6.25.040 Posting of Signs Required.
6.25.060 Penalties.
6.25.005 Purpose and Intent.
The City Council finds and declares as follows:
A. There is ample evidence to prove that the smoking of tobacco and other substances is a danger to the health of smokers and others who, because of proximity to the smoker or inadequate ventilation, are subject to the smoke; and
B. The presence of smoke in the environment also constitutes a material annoyance and discomfort to non-smokers and may Feduce preductivity er increase this-,.-...,,,y a.,. eng c _, erl(ers; C. The California Legislature has determined that tobacco smoke is a hazard to the health of the general public and has empowered local public entities to ban or regulate smoking in any manner not inconsistent with State law; and
D. This ordinance furthers the public health, safety and welfare by prohibiting smoking in certain public areas
6.25.010 Definitions.
specified in Sectiens 3361, 3361.5, 3363.5 crBBb3.6 n-f the Laber Cede.
SS2-202
"Empleyer" shall mean aRY
whe
rpartnership,Gerperatien,including MLARicipal cerperatien, .,Iey s the Servicesof. .,., e thar, f.,61r p
"
aFeasr
"Smoke" or "smoking" means and includes inhaling, exhaling, burning, or carrying any lighted smoking equipment for tobacco, cannabis, or any other weed or plant. "Smoke" and "smoking" shall include inhaling or exhaling e-liquid, vape juice, nicotine, cannabis, cannabidiol, terpenes, synthetic cannabinoids or other chemicals or substances in an aerosolized or vaporized form.
6.25.020 Regulation of Smoking in Public Places.
B. Hospitals and Health Care Facilities.
Smoking is prohibited and unlawful iln public areas of health care facilities and hospitals, as defined in Cal. Health & Saf. Code Section 1250, of the Califernia Health -and Safety GedL, g prohibited, except in specially designated
smoking areas, which may be all or part of a public area.
2. Every publiely E)F privately E)WReE-I health care facility, iRGlUdiRg heSpitals, shall make a Sta4r and the eReFal •
"STAPP AND VISITOR SMOKING PROHIBITED" SigRS Shall -he
cens `ic a sly pelted a such
D. Theaters and Auditoriums. Smoking is prohibited and is unlawful in every publicly or privately owned theater, auditorium, or other similarly enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage production, musical recital, sporting event, or any other performance
Every ewneF and/er M@Rager ef suGh theater-, auditerium, er ether eanc--le-sed f-AE:61ity used f9F the purpeses statted- herein, shall post signs conspicueusly in the lobby statiRg that SFROI(ORg OS PFE)hibitted- v4ithffin the upen the n fer Pit least five secends hofero rh.,. ing feature ., etien pict� �ro� F. +ndeer Service Lines. Smoking is prohibited and is unlawful in iedeer service lines in which more than one person is giving or receiving services of any kind.
G. Areas Posted as No Smoking. Smoking is prohibited and is unlawful within fifty (50) feet of any area posted as a non-smoking area.
H. Schools, or Day Care Center. Smoking is prohibited and unlawful within 1,000 feet of a school, or day care center.
I. Outdoor Dining. Smoking is prohibited and unlawful within fifty (50) feet of any outdoor dining area lawfully provided by an eating and drinking establishment.
SS2-203
J. Parked Vehicle. Smoking is prohibited and unlawful in any vehicle that is parked on public property, if the smoking is detectible outside of the vehicle.
K. Parks, Beaches and the Oceanfront Boardwalk. Smoking is prohibited and unlawful in any public park, Park facility, beach, or the oceanfront boardwalk or within one hundred (100) feet of a public park, park facility, or beach, while the person is located on public property. This prohibition shall not apply to a person in an allev or in a car or truck that is being driven.
L. Farmers Markets. Smoking is prohibited and unlawful within fifty (50) feet of any farmers market or event that is being conducted pursuant to a special event permit issued by the Citv.
6.25.025 Disposal Where Smoking is Prohibited.
No person shall dispose of anv cigarette. cigar. tobacco. or anv other instrument used to smoke or anv part of an instrument used to smoke including, but not limited to, cigarette or cigar butt(s), ashes or used matches in any place where smoking is prohibited under this chapter, except any specifically designated smoking waste receptacle. Punishment under this section shall not preclude punishment pursuant to Health & Saf. Code Section 13002, Pen. Code Section 374.4, or any other law proscribing the act of littering.
Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures Provided .
aR -;#- h..-'; A-F he-F place of emplaymeRt. Using already available MeaAr-, A-f ;.XeRfilatie-A A-F SepaFation er paFtitien of office spaee, the employer shall at -tempt to Feach -;; Peaq.A—Rah-le
2. Any employee in the effice weFi(place shall be pFevided the Fight t9 designate his A—p hp-.F a• u
wArk
§"'m "v I(P--r_r.
SS2-204
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s signs shall pested se stating, containing all eapital r +raSti g h- -LgF9 r J
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C. Nething OR this seGtien shall relieve any perseR frem the duty te pest signs er adept pelicies ass require -A h..this char,+. r
6.25.060 Penalties.
A. It Shall be unlavWful te wilfully mutilate er destroy any signs required by this seet4en. .-apeem relative te the adeptiori, implementation and
mainteriaRGe A-f _;; ne Smoking poliey is maridateFy but emphasis will be placed An vol-ritaicy employe-p cerripliance. Persn-Fir- %vhe wilfully fail te comply with the previsiens ef. thiS e.rdin-Ance Shall be subject te the penalties set felcth. in. subseetien (4.
SS2-205
D—The violation of any provision of this ordinance, or the failure to comply with any duty imposed by this ordinance, shall be an infraction punishable by a fine as provided in Section 1.04.010 of this Code. A ... �.., r...,......... ... ....... .........�....� ... ...............�,.., ...........��.,.
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SS2-206
Title 7
ANIMALS
Chapters:
7.04 Dogs
7.06 Horses Prohibited on Beaches
7.08 Wild Animals
7.12 Livestock
7.15 Fowl
7.16 Animals at Large —Impounding
7.20 Animal Nuisances
7.25 Apiaries
7.26 Protection of Natural Habitat for Migratory and Other Waterfowl
7.30 Wildlife Protection
7.35 Regulation of Kennels
SS2-207
Chapter 7.04
DOGS*
7.04.010 Definitions.
"Dog" means ;he-te "dog" `hall meap n� cl dle any dog or canine. "Emotional support dog" means a dog that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified. "Guide dog" means a guide dog that was trained by a person licensed under Cal. Bus & Prof. Code Section 7200 et. seq. or as defined in the regulations implementing Title III of the Americans with Disabilities Act, being 42 U.S.C. Sections 12101 et seq., and does not include an emotional support dog. "Service dog" means a dog individually trained to the requirements of the individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items and does not include an emotional support dog. "Signal dog" means a dog trained to alert an individual who is deaf or hard of hearing to intruders or sounds and does not include an emotional support dog.
7.04.020 Leash Required.
No person having the care, charge or control of any dog shall cause or allow, either wtwillfully or through failure to exercise due care or control, such dog to be present upon any beach, street, alley, or public place, or upon any private property or premises other than his or her own without written consent of the owner or lessee of such land unless such dog is securely restrained by a substantial leash or chain not exceeding sixes feet in length and controlled by a person competent to restrain such dog. This section shall not be construed as allowing dogs on leashes in the areas from which dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7.04.050. This section shall not apply to any State, federal or local government law enforcement officer while performing their duties.
7.04.025 Prohibited on School Grounds.
No person having the care, charge or control of any dog shall cause or allow, either wywillfully or through failure to exercise due care or control, such dog to be present on or in any public school property other than when specifically invited by the school administration.
The prohibitions contained in this section shall not be applicable to: any guide dog, service dog, or signal dog or any dog being trained to be a guide dog, service dog signal dog pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes; or any State, federal or local government law enforcement officer while performing their duties.Eu*de deR while be*ne used bv a blind r)eFSOR i3revided that the deR is on leash. carries cleariv
7.04.030 Animals Prohibited on Public Beaches.
D 2. Any guide dog, service dog, or signal dog as defined by the .m.er;^-a^s ,.,;+" ^;-s,";';ties Aet ('!ADA ` or any dog being trained to be a guide dog, service dog signal dog efip-e�^ ^^^ pursuant to a SS2-208
recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes,-
D 3. Any State, federal or local government law enforcement officer while performing their duties.
7.04.050 Dogs Prohibited.
D. The provisions of this section shall not apply to: any guide dog, service dog, or signal dog or any dog being trained to be a guide dog, service dog signal dog pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes; or any State, federal or local government law enforcement officer while performing their duties. aRY blind usint,guide .deg p i.de d the .deg is I.,-,-sh
7.04.100 Biting Dog —Report —Custody and Control.
If the possessor or custodian of such dog cannot provide the Chief of Police with proof of current rabies vaccination or when, in the opinion of the Public Health Officer, the situation warrants it, such dog shall be impounded at the City's animal shelter and the expense shall be borne by the owner, possessor or custodian of such dog, pending a petition pursuant to Cal.a Food &ate Agr+.eaft+w-ai Code Section 31601 et seq. to have the dog declared potentially dangerous or vicious.
This section shall not apply to any dog working with a State, federal or local government law enforcement officer.
SS2-209
Chapter 7.06
HORSES PROHIBITED ON BEACHES
7.06.010 Horses Prohibited on Beaches and Parks.
No person having the care, charge or control of any horse, mule or donkey shall permit or allow such animal to be present upon any beach or public park in the City. This section shall not apply to any: State, federal or local government law enforcement officer while performing their duties; person utilizing the animal in accordance with a valid special events permit issued pursuant to Chapter 11.03; or person who is disabled who is using a miniature horse that has been individually trained to perform a specific task for the Derson with the disabilitv.
7.06.020 Penalty.
n
Shable by the
SS2-210
Chapter 7.08
WILD ANIMALS
7.08.010 Wild Animal Defined.
The term "wild animal" means and includes any animal which may not be imported, transported or possessed without first obtaining a California Department of Fish and Game permit, as set forth in T#I-e-14 e - CCR C-alif.,. P*a r^,,^ of Q^^=::ula iGRS, Section 671, er its suGeesser regulatien-S.This section shall not be construed to include domestic dogs or cats.
7.08.040 Permit for Keeping Wild Animals.
C. Conditions —Issuance. The Chief of Police may issue a permit, valid for one year, for the keeping of any wild animal if the Chief of Police-14e determines that such animal may be kept or maintained without menacing the safety of any person or property; provided, however, that the City ManageFChief of Police may impose such conditions in granting a permit as the Chief of Policei-ie may deem necessary to protect the public and may limit the term of such permit.
D. Notice of Action. The applicant shall be notified in writing of the action of the Chief of Police in either granting or denying the permit and, if the application has been denied, the notice shall advise the applicant of the applicant's his right to appeal to the City Council. Service of the notice shall be made in the manner provided in Section 1.08.080 FRay be ngade by peFsenal seFvwee r by registered w ;I If ser.viee is PR -de by 01 it shall he Pleemed eemplete upen depeSit an the United Stater Mail direeted te the applaeant at his nia
SS2-211
Chapter 7.15
FOWL
7.15.020 Pigeons.
No person shall keep, maintain or have in his possession within any residential district in the City e# "'ewpert Q any homing or racing pigeons without first obtaining a permit from the City Manager as provided in Section 7.08.040 of thise "'ewpert Beaeh MURiGipal Code.
SS2-212
Chapter 7.16
ANIMALS AT LARGE —IMPOUNDING
Sections:
7.16.010
Animals at Large.
7.16.020
Impoundment.
7.16.040
Taking Possession of Animals —Notification.
7.16.050
Impoundment Fees.
7.16.060
Vivisection of Impounded Animals.
SS2-213
Chapter 7.16
ANIMALS AT LARGE — IMPOUNDING
SS2-214
Chapter 7.20
ANIMAL NUISANCES
7.20.020 Nuisances Committed by Animals.
C 2. Any guide dog or service dog, as defined by Section 7.04.010, while being used by a blind person e-r SS2015
Chapter 7.25
APIARIES
7.25.010 Keeping of Apiaries —Prohibited.
It is unlawful for any person to maintain or keep an apiary as that term is defined in Se^*i^^ 29002 of the Cal.+#eriqia Food ate& Agr_ieultuFa4 Code Section 29002 in any residential area within the Cam.
SS2-216
Chapter 7.26
PROTECTION OF NATURAL HABITAT FOR MIGRATORY AND OTHER WATERFOWL Sections:
7.26.010 Findings.
7.26.020 Prohibition on Incubation.
7.26.030 Prohibition on Feeding of Waterfowl.
7.26.050 First and Second Violations —Warning and Education. this ehapter shall be subje.-+ r., e ,iI finks aGGE)FdiRg tE) Ghapter 1 05
7.26.050 First and Second Violations —Warning and Education.
Prior to the issuance of any administrative citation un,lnr +hn .,,,theFity of c ctieR 7.26.040, the City or its officers shall, in the first and second instances of any violation by any one person, issue a warning along with educational material to any person found violating this chapter. The educational material shall state the benefits to water quality and to habitat protection of this chapter's prohibitions.
SS2-217
Chapter 7.35
REGULATION OF KENNELS
Sections:
7.35.010
Definitions.
7.35.020
Operator's Permit Required.
7.35.030
Application for Operator's Permit.
7.35.040
Police Department Review.
7.35.050
Operator's Permit Issuance and Denial.
7.35.060
Requirements of Operation.
7.35.070
Humane Animal Care.
7.35.080
Kennel Construction Standards —General.
7.35.090
Kennel Operating Standards —General.
7.35.100
Indoor Kennel Standards.
7.35.110
Outdoor Kennel Standards.
7.35.120
Kennels for Dogs.
7.35.130
Cat Enclosure Construction.
7.35.140
Rabies Vaccination.
7.35.150
Identification.
7.35.160
Fees.
7.35.180 Transfer and Duration of Permits.
7.35.190 Suspension, Revocation, Denial and Appeal.
7.35.010 Definitions.
X-2-hief of PA -lice" Means the G-hief A-f Police of the Gity ef NewpeFt Beach, er hiS A-F he-F designated representab.
"Non-profit organization" means a non-profit organization, as defined in S^eti^^ 50 (e)(3) of the Int.efpaf Rev.enue Code Section 501(c)(3).
SS2-218
7.35.040 Police Department Review.
A. Time Limits and Notification. Within thirty (30) ealendar days of the filing of an application, the Chief of Police shall determine whether the application is complete and notify the applicant in writing if the application is determined to be incomplete.
B. Incomplete Applications. If the application is determined to be incomplete, the Chief of Police shall notify the applicant in writing and shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information or materials needed to complete the application. Upon the receipt of the information or materials needed to complete the application, or any resubmittal of the application, a new thirty (30) ealendar day review period shall begin to determine the completeness of the application.
7.35.060 Requirements of Operation.
Al. Within eight (8) years preceding the date of the application or a renewal application, been convicted on two occasions of violating any statute, rule or regulation prohibiting cruelty to animals, including, but not limited to, any conviction of Cal.iferpia Pen.a4 Code Sections 597, 597a, 597b, 597c, 597e, 597f, 597g, 597h, 597i, 597j, 597k, 597m, 597n, 597o, 597r, 597s, 597t, 597u, 597v, 597x, 597y, 597.1, 598, 598a, 598b, 598c, 598d, 599, 600, 600.2, or 600.5, or accepted a plea of guilty or nolo contendere to any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;
AS. The operator shall report in writing any changes in address, ownership, or management to the Chief of Police at least fifteen (15) calendar days prior to such change.
A 10. All operators, upon being granted a commercial kennel or non-profit kennel operator's permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police er ""her +"^FiZed designee for the purpose of conducting such inspections as he/she may deem required. The inspections shall be conducted with the operator or manager present.
B 2. The operator shall report in writing any changes in address to the Chief of Police at least fifteen (15) crdays prior to such change.
B 5. All operators, upon being granted a kennel operator's permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police ^r his ^r heir-*"^""^d designee for the purpose of conducting such inspections as he or she may deem required upon seventy-two (72) hours' written notice. The inspections shall be conducted with the operator present.
7.35.090 Kennel Operating Standards —General.
C. Health. No person shall display any animal bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition. Operator shall isolate sick or diseased animals from healthy animals at all times and in such a way that diseases or parasites will not be transmitted to other animals.
The Chief of Police eF his/her designee may order any animal to be examined and/or treated by a veterinarian.
SS2-219
7.35.180 Transfer and Duration of Permits.
C. Applications for the next ensuing permit shall be filed with the Chief of Police before the expiration of the existing permit. Temporary permits will not be issued and renewal applications must be filed no later than sixty (60) ealendaF prior to the expiration of the permit to prevent a lapse of the permit.
7.35.190 Suspension, Revocation, Denial and Appeal.
C 1. The right to appeal to an Administrative Hearing Officer shall terminate upon the expiration of fifteen (15)) ealenda days of the date of mailing of the notice. The notice of appeal is to be sent to the Police Department .,f the City f Newport Be -,eh.
SS2-220
Chapter 9.04
FIRE CODE
9.04.040 Amendment of Section 113.4 Failure to Comply.
Section 113.4 is amended to read as follows:
Section 113.4 Failure to comply. No-Aey person w449-shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable te a fiRe v0ith the Newpert Beach Municipal Cede Tifle A -Pe
1.0-444-8 "Vi latiE)n oe -,i+;P nd rnfo o nt;,
9.04.050 Amendment to Section 202 Definitions.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A geographical area designated in accordance with the Cal.0fAPP+a Gov,eFRMeRt Code Section 51179, and by City of "'ewpon Rearh ordinance, which contains the type and condition of vegetation, topography, climate and structure density which potentially increases the possibility of uncontrolled fire spread through vegetative fuels threatening life or property.
For the purposes of this Ccode, Local Agency Very High Fire Hazard Severity Zones shall be considered to be Very High Fire Hazard Severity Zones as defined in Cal. Gov.eFRFnent Code Section 51179.
9.04.060 Amendment to Section 305 Ignition Sources.
305.8.1.1 Notice. Uncontrolled or high weeds, brush, plant material, fire hazards, or other items prohibited under this Cc -ode increase the danger of fire and thus constitutes a fire hazard. If such condition exists, the fire code official shall give notice to the owner of record to abate the hazard within thirty (30) ealenda days.
The notice shall state that the property owner is required to abate the fire hazard and that if the hazard is not abated the City may take further action which can include, (1) the City, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the hazard, (2) that upon completion of such work the cost thereof, including administrative costs, can be billed to the property owner or can become a special assessment against that parcel, and (3) that upon City Council confirmation of the assessment and recordation of that order, a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel.
305.8.3 Service of notice. The fire code official shall notify the property owner of affected properties as shown on the latest equalized tax assessment roll by certified mail, of the specific conditions that constitute a fire hazard and that the City will take action to abate the fire hazard. Notices shall be mailed not less than fifteen (15) calendar days prior to the date of the proposed abatement. 305.8.4 Appeal. The property owner may appeal the decision of the fire code official regarding the fire code official's determination that a fire hazard exists by sending a written appeal to the fire code official within ten (10) ealendar of the mailing of the notice. The matter will be heard by the Building and Fire Board of Appeals as specified in Section 15.80 of thise "'ewpert Beach Municipal Code. 305.8.5 Abatement hearing procedure. All hearings under Chapter 3 of the fire code shall be held before the fire code official or Fire Chief who shall hear all facts and testimony he/she deems pertinent. The facts and testimony may include testimony on the condition of the property and circumstances related to the SS2-221
fire hazard. The owner of the land may appear in person or present a sworn written statement in time for consideration at the hearing. The fire code official or Fire Chief may impose such conditions and take such other action, as he/she deems appropriate to carry out the purpose of the provisions of this chapter. The decision of the fire code official or Fire Chief shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. a44d-The decision shall be sent to the property owner via certified mail to the owner's address on the latest equalized tax assessment roll within thirty (30) ealendar days.
305.8.7 Emergency private property abatement. When in the opinion of the fire code official a substandard structure or substandard property is an immediate hazard to life and property, and the fire code official makes written findings to the effect that abatement of such a fire hazard requires immediate action, the fire code official may then cause such work to be done to the extent necessary to eliminate the hazard. At least twenty-four (24) hours prior to the abatement, the fire code official shall attempt to contact the property owner to inform the property owner of the work to be done and request their assistance or immediate voluntary removal of the hazard. After the work is performed, the fire code official shall post a notice and mail to the property owner information regarding the nature of the work performed. Any individual aggrieved by the action of the fire code official under this section, may appeal the determination of the action to the Fire Chief, except that the appeal shall be filed within ten (10) ealend@F days from the date of mailing the notice of work performed.
305.8.8 Abatement costs. The costs involved in the correction of the substandard conditions and fire hazards shall become a special assessment against the property. In addition to the above costs, an administrative processing fee established by resolution of the Council of the City of "'ewpaFt Reach, shall be assessed against each parcel for City incurred costs associated with abatement. An additional inspection fee shall be established by resolution of the Council of the City of Newport Beach for charges related to inspection services for vegetation hazard identification. The schedule for such fees shall be maintained on file in the City Clerk's Oeffice.
The fire code official shall notify, in writing, all parties concerned of the amount of such assessment related to work performed in accordance with Cal. Gov.eMmeRt Code Section 38773.5. The property owner may appeal the fire code official's assessment by sending a written appeal to the fire code official within fifteen (15)calendardays of the mailing of the notice. Any appeal regarding the reasonableness of the assessment of costs shall be heard by the Fire Chief.
If the total assessment determined as provided for in this section is not paid within thirty (30) rear days after mailing of such notice or after a decision has been rendered on any appeal, the property owner shall be billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the property pursuant to the procedures set forth in SeetiO^ 3877R 9 ^f the Cal. Gov. ;t Code Section 38773.5, which is incorporated herein by this reference.
9.04.280 Amendments to Section 903.2.8 Group R.
5. Pursuant to Cal. Health &aed Saf.ety Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.
SS2-222
6. Pursuant to Cal. Health &apA-_Saf.ety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over).
When not used in accordance with in Seetien 504.2 ^r 50A 2 ^f the Galife—rni ' B ildi g Cede, area or height increases for automatic fire sprinklers as set forth in the Cal. Building Code, an automatic sprinkler system installed in accordance with Section 903.3.1.23 shall be allowed in Group R-2.1 occupancies. An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.
9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks.
Section 5704.2.11.1 is amended by adding subsection 4 to read as follows:
4. The underground storage of flammable liquids shall be prohibited in any residential district or any residential area of a planned community district, as defined in Section 20.14.020 of the Ne w pee Beaeh
9.04.470 Local Agency Very High Fire Hazard Severity Zone.
The City of "'ewpeFt Beach designates those areas identified in green on the map attached to the ordinance codified in this section and on file with the City Clerk as the Local Agency Very High Fire Hazard Severity Zone for the City in accordance with S^Cti^^ 51179 ^f the Cal. Gov.eMmeRt Code Section 51179.
SS2-223
Title 10
OFFENSES AND NUISANCES
Chapters:
10.04 Intoxicating Liquor
10.06 Human Waste
10.08 Interference With Public Access
10.12 Interfering With Law Enforcement
10.14 Prohibition Against Camping in Public Places
10.16 Gambling
10.24 Discharge of Weapons
10.26 Community Noise Control
10.28 Loud and Unreasonable Noise
10.32 Sound -Amplifying Equipment
10.36 Minor's Curfew
10.48 Weed and Rubbish Abatement
10.50 Public Nuisance Abatement
10.52 Abandoned or Wrecked Vehicles
10.54 Public Nudity
1S.5b Drug o-.Fapl;eF1; 4-.
10.58 Police Services at Large Parties, Gatherings or Events on Private Property
10.59 Graffiti
10.60 Regulation of Display of Material, Which is Harmful to Minors, in a Public Place
10.64 Construction and Maintenance Projects in Residential Districts
10.66 Loud and Unruly Gatherings
10.68 Targeted Residential Picketing
10.70 Medical Mari uanaCannabis Regulations
SS2-224
Chapter 10.04
INTOXICATING LIQUOR
10.04.010 Drinking in Public.
A. No person shall drink or consume any alcoholic beverage, .,h„-h have been par:;iall„ r,,.,,,,ved in or on any public street or alley, public sidewalk, public or private parking lot, public restroom, public pier, private pier open to the public upon the payment of any fee, public beach, vacant lot, or public park or private property which is open to public view, without the consent of the owner or person in lawful possession or control of the private property. The provisions of this section shall also applyto any beach or public parkingfacility in the area commonly known as Newport Dunes.
B No person shall possess any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, in or on any public street or alley, public sidewalk, public or private parking lot, public restroom, public pier, private pier open to the public upon the payment of any fee, public beach, vacant lot, or public park, or private property which is open to public view, without the consent of the owner or person in lawful possession or control of the private property. The provisions of this section shall also apply to any beach or public parking facilitv in the area commonlv known as Newport Dunes.
C. Alcoholic beverages as used in this section includes alcohol, spirits, wine or beer and which contains one-half of one (0.5) percent or more of alcohol by volume, and which is fit for beverage purposes. either alone or when distilled. mixed or combined with other substance.
D. The provisions of this section shall not apply where the consumption or possession is within premises located in a park or other public place for which a license has been issued pursuant to Cal. Bus & Prof. Code, Division 9, pursuant to an approved special event permit in compliance with Chapter 11.03, or where the consumption or possession is within the outdoor area of a lawfullv permitted eatine and drinkine establishment.
E. Any person violating or failing to comply with Section 10.04.010(B) shall be guilty of an infraction, and subject to punishment as set forth in this Code.
SS2-225
Chapter 10.06
HUMAN WASTE
10.06.010 Human Waste.
No person shall urinate or defecate ^F his bowels on private property in an area exposed to the public view, or on any public street, sidewalk, alley, park, beach or other public place except in a public or private restroom.
SS2-226
Chapter 10.08
INTERFERENCE WITH PUBLIC ACCESS*
10.08.005 Definitions.
"Day care center" shall have the same meaning as set forth in Section 1.08.120 Means aid care -infant center-, and child eare center (prescheel) lieensed by the State ef Califemia DepaFtment ef Secial Selpogie-e-S Newpert Beach; GaFden Hall; Catalyst Kids NewpeFt Heights; Christ Church by thp- -Sp-a C-hmlplren's CenteF; "School" shall have the same meaning as set forth in Section 1.08.120^^^@^s an institution ^f'^^•^ ^^ whetheF public or private, whieh e4ers in persE)R iRStFUG:ViGR iR grades K through twelve (12) OR thOSe Newport Heights EleRqeRtaFy SGhE)E)I; OUP Lady QUeeR of ARge'S C--a*hA-lOC--. SC --.heel; Pacifica ChFiS:ViaR HigI4 Scheel; and Sage Hall High Seheel.
10.08.030 Use of Streets and Sidewalks for Commercial Purposes.
B 5. For the temporary sale or display of goods or merchandise in conjunction with a special event for which a permit has been issued by the City Manager OF desigRee pursuant to Chapter 11.03 of this Code and the City Council has approved a resolution of street closure pursuant to authorization granted by the Cal. a Vehk e. Code;
6. For the conduct of special celebrations, sporting events or similar activities involving a nonprofit corporation, nonprofit association, community organization or similar entity provided a permit is issued by the City Manager ervr deSigRee pursuant to Chapter 11.03 of this Code, the City Council has adopted a street closure resolution pursuant to the authority granted by the Cal.ifeFRia Vehj6e. Code and, the event, celebration or activity is consistent with Council Policy; C. 6. The sponsor of the event shall provide, at the sponsors sole cost and expense, all security personnel and traffic control equipment required by the City Manager OF C 7. The sponsor of the celebration or event shall provide _insurance, which types and amounts shall be determined by the Risk Manager. adeq to to pFeteet the Git , with the City designat � D. The sponsor of any event, sale or celebration authorized by this section shall comply with all conditions imposed by the City Council, or City Manager ^ee pursuant to resolution or permit.
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Chapter 10.12
INTERFERING WITH LAW ENFORCEMENT
Sections:
10.12.010 False Report to Police/Animal Control Officer.
10.12.020 Interference.
10.12.020 Interference.
No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this title while such person is engaged in the performance of his or her duties.
SS2-228
Chapter 10.14
PROHIBITION AGAINST CAMPING IN PUBLIC PLACES
10.14.010 Definitions.
"Public park" or "park facility" shall have the same meaning as set forth in Section 1.08.120,;;p;;nr,-arl ._On
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Chapter 10.16
GAMBLING*
10.16.010 Gambling Prohibited.
It shall be unlawful for any person to play or bet at or against any game not mentioned in se&* 9^S 990 e� 22-ef. the -Cal. Pen.a4 Code Sections 330 or 330aef the St -;At Af C-.;;IifArPia, which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, or cues, for money, checks, chips, credit, merchandise or any other representative of value.
10.16.020 Use of Premises for Gambling.
No person, either as principal, agent, employee or otherwise, shall knowingly permit any building, house, apartment, room or place owned or rented by him or under his charge or control in the City, to be used in whole or in part as a gambling house or place for playing, conducting, dealing or carrying on any game not mentioned in SeCtiORS 330 and 320-, .,f+h. Cal. Pen.a4 Code Sections 330 or 330aef the State .,f CA16f^.^,- which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, or cues, for money, checks, chips, credit, merchandise or any other representative of value.
10.16.030 Operating Gambling Place.
No person, either as principal, agent, employee or otherwise, shall operate, conduct or maintain within the City any building, house, apartment, place or room used in whole or part as a gambling house or place for playing, conducting, dealing or carrying on any game not mentioned in SeGtiO^S 330 and- 32-0-, f rh^ Cal. Pen.a4 CodeA-f the +,+^ .,f r;;lifAPRi;; Sections 330 or 330a, which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, or cues, for money, checks, chips, credit, merchandise or any other representative of value.
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Chapter 10.24
DISCHARGE OF WEAPONS*
10.24.010 Discharge of Weapons —Permission Required.
It is declared unlawful for any person or persons, except peace officers in the discharge of their duties, to discharge or cause to be discharged within the corporate limits of the City of Newport Beach any rifle, shotgun, pistol, revolver or other firearm, or any air -gun, air -pistol or air -rifle, or any other device which forcefully discharges a projectile from a barrel, unless the person or persons have first obtained permission in writing so to do from the Chief of Police. This section shall not apply to any person who lawfully discharges a firearm in self-defense of themself or another Derson.
SS2-231
Chapter 10.26
COMMUNITY NOISE CONTROL
Sections:
10.26.005 Declaration of Policy.
10.26.010 Definitions.
10.26.015 Decibel Measurement Criteria.
10.26.020 Designated Noise Zones.
10.26.025 Exterior Noise Standards.
10.26.030 Interior Noise Standards.
10.26.035 Exemptions.
10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions — Special Provisions.
10.26.045 Heating, Venting and Air Conditioning —Special Provisions.
10.26.050 Sound -Amplifying Equipment.
10.26.055 Noise Level Measurement.
10.26.065 Proposed Developments.
10.26.070 Prima Facie Violation.
10.26.075 Violations.
10.26.080 Violations —Additional Remedies —Injunctions.
10.26.085 City Manager Waiver.
10.26.090 Noise Abatement Programs.
10.26.095 Manner of Enforcement.
10.26.005 Declaration of Policy.
B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest, therefore, the City Council of the City of "'ewpeFt Beaeh does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by, or not in conformity with, the provisions of this chapter, is a public nuisance and may be punished as a public nuisance. The ^Y,J;^,^r^ r^,J,f,^,J ;n this chapter ; effective thirty (30) .Jays SS2-232
frern adeptien, hewever, all fixed neise seu. - exist4ng at the date ef adeption shall have ninety (90) days frem the .Jerre of adee+;er, +e archae"e eemplianee with this ehaerer
10.26.010 Definitions.
any kind wReluding public
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Chapter 10.28
LOUD AND UNREASONABLE NOISE*
10.28.010 Loud and Unreasonable Noise.
10.28.020 Loud and Raucous Noise from Sound -Making or Amplifying Devices Prohibited.
10.28.040 Construction Activity —Noise Regulations.
B 3. Emergency work performed pursuant to written authorization of the Community Development Director, or his or her designee
B 4. Maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the City of Newport Reach, or its employees, contractors or agents, unless:
D€. Designated High -Density Area. The term "designated high -density area" shall mean any shaded area on the following map. See Exhibit A*. The geographical boundaries of a homeowners' association, as defined in subsection (F) of this section, shall be excluded from the definition of a "designated high -density area" if the City Council adopts a resolution pursuant to subsection (F) of this section.
E€. A homeowners' association located within a designated high -density area may exclude the geographical boundaries of the homeowners' association from the definition of a designated high -density area if:
10.28.045 Real Property Maintenance —Noise Regulations.
El. Emergency property maintenance authorized by the Community Development Director, ^nor Vie;
F. Pe.nalties. Any person i.qhA vaAl;#ps any Prev Af thk sectien is guilty of -A Misidle-Meaner unless the SS2-234
Chapter 10.32
SOUND -AMPLIFYING EQUIPMENT
10.32.040 Issuance of Permit.
A. Upon receiving a complete application for a permit for the use of sound -amplifying equipment or a sound truck, the Finance Director 9F designee shall conduct an investigation within ten (10) days of receipt of a complete application to determine whether to approve the application. Unless the application is denied pursuant to subsection (B) of this section, the Finance Director_ eF designee shall approve or conditionally approve the application for a permit if it is determined that all the requirements of this chapter are met and if it appears from the information contained in the application and such additional information as may be presented to the Finance Director ^fie that the proposed use of the sound - amplifying equipment or sound truck complies with the regulations contained in Section 10.32.060. The permit shall be nontransferable and valid for a period not to exceed sixes months.
C. Specification of Hours. If a permit is granted, the Finance Director or shall specify the hours during which the sound -amplifying equipment or sound truck may be used after considering the needs of the applicant, the area or areas in which the sound will be emitted, and the effects of such use on the public's health, safety and welfare.
D. Appeals. Actions by the Finance Director ^fie may be appealed by any interested party to the City Manager by filing a written statement with the City Clerk setting forth the facts and circumstances regarding the action by the Finance Director ^met. The City Manager shall notify the appellant and applicant in writing of the time and place of the hearing on the appeal. The hearing on appeal shall be heard and determined by the City Manager within ten (10) days of receipt of a written appeal. The decision of the City Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ.
Proc. Section 1094.5.
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Chapter 10.36
MINOR'S CURFEW
10.36.020 Definition.
For the purpose of this chapter, any person under the age of eighteen (18) years who is not an "emancipated minor" as provided in Cal. Fam. Code Section 7002 shall be deemed a minor.
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SS2-237
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SS2-238
SS2-239
Chapter 10.48
WEED AND RUBBISH ABATEMENT*
10.48.010 Definitions.
10.48.020 Authority to Declare Nuisance and Abate.
E. Weeds, trees, shrubs, or vegetation determined by the Fire Marshal to be a fire hazard, and which is located in the Local Responsibility Area Very High, High and Moderate Fire Hazard Severity Zones.
10.48.030 Notice of Nuisance.
B. Notice of Abatement Proceedings. Whenever the Fire Marshal OF a deSig^^^ determines that a nuisance exists and the owner of a property fails to properly abate the nuisance, the Fire Marshal is ordered to take appropriate correction actions based upon those findings. The Fire Marshal shall notify the owner of affected properties, as shown on the latest equalized tax assessment roll, by mail, of intention to abate the nuisance.
10.48.040 Hearing Procedure.
A. The City Manager or his deSig^^^ shall only consider evidence that is relevant to whether a nuisance existed and whether the property owner caused or maintained the nuisance.
G. A hearing before the City Manager, er his desig^^^, shall beset for a date that is not less than ten days and not more than fourteen (14) days from the date the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing at least five days prior to the date of the hearing.
10.48.050 Appeal Decision.
A. After considering all the testimony and evidence submitted at the appeal hearing, the City Manager, OF hiS deSig^^^ shall issue a written decision within forty-eight (48) hours of the hearing upholding or denying the notice of abatement proceeding and shall list within the decision the reasons for that decision.
The City Manager, er his designee may impose such conditions and take such other actions as is deemed appropriate to carry out the purpose of the provisions of this chapter.
B. The decision of the City Manager eF his desig^^^ shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.- -a*d-The decision shall be served by Fnailon the property owner in accordance with Section 1.08.080 within forty-eight (48) hours of the hearing.
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10.48.060 Abatement Costs.
B. The Fire Chief er his design^^ shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. If the total assessment determined as provided for in this section is not paid within thirty (30) days after mailing of such notice, the property owner shall be billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the property pursuant to Cal. Gov.
Code Section 38773.5 ^{the Government CAPIP.
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Chapter 10.50
PUBLIC NUISANCE ABATEMENT
10.50.010 Definitions.
"City CleFl(" Mean-; the C-Ay Clerk of the City ef Newpert 9e@Gh eF his A—P heir d-e-sigRee. th'.-T
10.50.020 Nuisance.
B. Any swimming pool, spa, pond, fountain or other body of water which is allowed to become stagnant, unsanitary or unsafe ^• dees meet re - ply with t"^ ^ ,f 5^^fi^^s 1 - nn 1 Qn ^.,,- 1 5 05 14 I. A violation of any provision of thise "'n.,,n^,-t Q^,G" IVIURiGipa4 Code;
10.50.110 Hearing on Assessment.
In the event of abatement by the City, the City Clerk shall submit the report and account for hearing by the City Council at a regular meeting held no more than thirty 30 ^days after the date of filing.
The City Clerk shall post a copy of the report and account and notice of the time and place of hearing in a conspicuous place in or near the entrance of the Newport Beach City Hall. The owner of the property on which the nuisance was abated shall be sent a notice advising of the date, time and place of the hearing.
The notice shall be served as provided in Section 10.50.040.
10.50.160 Alternative Actions.
proceeding set fn-.rth an this chapter-, ner shall anything an this chapter be deemed te prevent the City fre.m.
A-13. This chapter is not the exclusive regulation of property maintenance. It shall be supplemental in addition to other regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the City, State ^f Califernia, or any other legal agency having jurisdiction.
B.D. The prevailing party in any judicial action or administrative proceeding to abate a nuisance shall recover the attorneys' fees and costs incurred as follows:
2. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the judicial action or administrative proceedings; and
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3. Attorneys' fees and costs may include, but not be limited to, costs and expenses related to the use of expert witnesses incurred in the evaluation and/or prosecution of any nuisance abatement proceedings pursuant to the provisions of this cChapter.
SS2-243
Chapter 10.52
ABANDONED OR WRECKED VEHICLES*
Sections:
10.52.005 Findings and Purpose.
10.52.010 Declaration of Nuisance.
10.52.015 Definitions.
10.52.020 Exceptions.
10.52.025 Other Regulations.
10.52.030 Administration and Enforcement.
10.52.035 Authority to Abate and Remove.
10.52.040 Notice of Intention to Abate and Remove —Form Mailing and Procedure.
10.52.045 Removal/Without Hearing.
10.52.050 Hearing Procedures.
10.52.055 Removal —When Authorized.
10.52.060 Assessment of Costs of Removal/Administration.
10.5''2.065 Notice to Department of Motor Vehicles.
1A.92.0-70 SeT{TTARiCy
10.52.020 Exceptions.
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Cal.
Veh.Veh+ele Code and this chapter.
10.52.045 Removal/Without Hearing.
B. A vehicle, or part thereof, is inoperable due to the absence of a motor, transmission, or wheels, is incapable of being towed, is located on property that is either zoned for agricultural use or which contains no dwelling units, is valued at less than two hundred dollars ($200.00) by a person specified in Section 22855 of the EaU#erie Cal. Veh.k4e Code, has been determined by the City Council to be a public nuisance presenting an immediate threat to the public health or safety and the property owner has signed a release authorizing removal of, and waiving further interest in, the vehicle or part thereof, and no request for hearing was made by the registered or legal owner of the vehicle at the time the release was signed. The vehicle or part shall be disposed of pursuant to the provisions of Section 22661 and 22662 of the Ca'a Cal. Veh.k e Code; or
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10.52.050 Hearing Procedures.
A. Upon a timely request for hearing, a public hearing shall be held by and before the City Manager of hies. The City Managerj er des+gfaee7-_shall mail notice of the hearing, specifying the date, time and location of the hearing, by certified mail, at least ten 10 days prior to the hearing, to the owner of the land and to the owner(s) of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The City Manager, er deSigReeT shall hear and receive all facts, evidence and testimony pertinent to the status and condition of the vehicle or parts, the circumstances surrounding its presence on private or public property, any facts which may render provisions of this chapter inapplicable to the vehicle or parts, the appropriate conditions that should be attached to an order for abatement, and the responsibility, if any, of the land owner for the cost of removal and the administrative proceedings. The City Manager shall not be limited by the technical rules of evidence. The owner of land, and the owner(s) of the vehicle may appear in person at the hearing, may appear by representatives, or may submit a sworn written statement prior to the hearing.
B. City Manager_ 9F diet may impose such conditions, or take such action, as he City Manager- deems appropriate under the circumstances to carry out the purposes of this chapter. The City Manager, ^• designeemay delay the time for removal of the vehicle or parts; C. The City Manager, or designee, shall determine if the vehicle, or part, constitutes a public nuisance as provided in this chapter and upon such determination shall enter an order directing the vehicle or part to be removed from the property and disposed of as provided in this chapter. The order requiring removal shall include a description of the vehicle or parts, the correct identification number and license number of the vehicle, if available, and the location of the property on which the vehicle or part is located. Written notice of the decision shall be given by certified mail to each owner of land, vehicle or part that does not appear at the hearing and to any interested party that makes a written presentation, but does not appear.
10.52.055 Removal —When Authorized.
Five days after adoption of the order declaring the vehicle or parts to be a public nuisance, or five jo days from the date of mailing of the notice of decision, if notice is required by this chapter, the vehicle or parts may be removed and disposed of as provided by law. After a vehicle has been removed, it shall not thereafter 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 Section 5004 of the Califernia Cal.
Veh.k e Code, in which case the vehicle may be reconstructed or made operable.
10.52.060 Assessment of Costs of Removal/Administration.
The cost of administering and enforcing this chapter, and the cost of removal of any vehicle or part declared a public nuisance pursuant to this chapter, shall be charged against the owner of the land unless it is determined that the vehicle was placed on the land without the consent of the land owner and the land owner did not subsequently acquiesce in the presence of the vehicle. The amount of the cost of administration, enforcement and removal shall be assessed against the property on which the vehicle or part was located and pursuant to S^^ti^^ 3877R C Af+l,., Cal. Gov.emmenc Code Section 38773.5 and shall be transmitted to the tax collector for collection.
SS2-245
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SS2-248
Chapter 10.58
POLICE SERVICES AT LARGE PARTIES, GATHERING OR EVENTS ON PRIVATE PROPERTY Sections:
10.58.010 Findings and Purpose.
10.58.020 Definitions.
10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent Responses.
10.58.040 Procedures for Imposition of Civil Fines.
18.58050 confidpR Tali .,
10.58.960 Seye..ability.
10.58.020 Definitions.
10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent Responses.
The initial call, or any subsequent call, may also result in the arrest and/or citation of violators of the She Cal. Pen.a4 Code or other local regulations.
10.58.040 Procedures for Imposition of Civil Fines.
B. If the person responsible for the event appeals the fine within the time specified in subsection (A), the City Clerk shall serve written notice to the person responsible and to the owner, if different, by first class mail, of the date, time and place for a hearing on the appeal. The hearing shall be scheduled not less than fifteen (15) days, nor more than sixty (60) days, from the date on which notice of the hearing is served by the City Clerk. The City Manager may preside over the hearing or may designate a Hearing Officer to take evidence and submit proposed findings and recommendations to the City Manager. The City Manager shall uphold the fine only upon a finding that a violation has been proven by a preponderance of the evidence.
The hearing shall be conducted according to the rules normally applicable to administrative hearings. The City Manager shall render a decision within thirty (30) days of the hearing and the decision shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
SS2-249
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SS2-250
Chapter 10.59
GRAFFITI
10.59.010 Purpose.
4. This chapter is consistent with provisions of the Cal. Gov.eFRMeRt Code which authorizes the enactment of ordinances to provide for the use of City funds to remove graffiti (Cal. Gov.e.rnme-M Code Section§ 53069.3), and to pay rewards (Cal. Gov.eFRFReRt Code Section§ 53069.5).
5. This chapter is intended to be complimentary to and not in conflict with Cal. Pen.a4 Code Section§ 594, which provides that any person who maliciously defaces property is guilty of vandalism, and Section§ 594.1 which provides that certain activities involving the possession, sale and use of aerosol paint containers are misdemeanors.
10.59.020 Definitions
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10.59.090 Abatement and Cost Recovery Proceedings.
A. Notice. The City Manager ^r his/he~ desigRee shall issue a forty-eight (48) hour written notice of intention to abate and remove the graffiti as a public nuisance and shall serve such notice by any of the following methods:
B. Form. The notice of intention shall be in substantially the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
(Name and address of person notified)
Date:
NOTICE IS HEREBY GIVEN that you are required by Newport Beach Municipal Code §Section 10.59.070 at your expense to remove or paint over the graffiti in existence on the property located at (address), which is visible to public view, within forty-eight (48) hours after receipt of this notice; or, if you fall to do so, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removal or painting over the graffiti. The cost of the abatement by the City employees and private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid.
All persons having any objection to, or interest in said matters are hereby notified to submit any objections or comments to the City Manager er his/herdesignee ee within forty-eight (48) hours from receipt of this notice. At the conclusion of this forty-eight (48) hour period, without further notice and at your expense, the City may proceed with the abatement of the graffiti inscribed on your property.
C. Appeal.
1. Within forty-eight (48) hours of receipt of the notice, the owner or person occupying or controlling such property affected may appeal the order of abatement to the City Council of the SS2-251
City of Newport Beach. Appeals shall be filed with the City Clerk and shall be accompanied by a letter stating the reasons for the appeal and a deposit/fee as required by City Council resolution.
The City Council shall designate a Hearing Officer to hear such appeals. An appeal shall be accompanied by a deposit/fee as required by City Council resolution.
2. Within fifteen (15) days of receipt of the appeal application, the City Clerk shall notify the applicant of the date, time and location at which the Hearing Officer shall hear the appeal. The Hearing Officer shall hear and pass upon the appeal within fifteen (15) days. The decision of the Hearing Officer thereupon shall be final andd C^^e-1-u-si .^ as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
D. Removal by City. Forty-eight (48) hours after service of the notice, or if appealed, not less than twenty- four (24) hours after the decision of the Hearing Officer declaring the graffiti to be a public nuisance, the City is authorized and directed to cause the graffiti to be abated by the City or private contractor; and the City or its private contractor is expressly authorized to enter upon the property for such purposes.
E 2. Pursuant to Cal. Gov_eMmeRt Code Section 38773.5, the total cost of abatement, including all administrative costs, shall constitute a special assessment against that parcel. After the assessment is made and confirmed, it shall constitute a lien on the parcel.
10.59.100 Reward.
Pursuant to SeCti R 52n69 c Af +hP CaLiferp+a Gov,eFRPReRt Code Section 53069.5, the City may pay a reward, the amount to be established by City Council resolution, to any person who furnishes information leading to the identification and apprehension of any persons convicted of wilfull ywillfully applying graffiti to any surface located on private or public property.
SS2-252
Chapter 10.60
REGULATION OF DISPLAY OF MATERIAL, WHICH IS HARMFUL TO MINORS, IN A PUBLIC PLACE Sections:
10.60.010 Findings and Purpose.
10.60.020 Definitions.
10.60.030 Prohibition.
10.60.020 Definitions.
A. "Harmful matter" shall be defined as specified in Cal. Pen Code Section 313(a) the State .,f r-,I*f.,rr4
B. "Matter" shall be defined as specified in Cal. Pen Code Section 313(b) ef��-Di „f r-ia•
Cs. "Knowingly" shall mean being aware of the character of the matter; D€. "Exhibit" shall mean to show or display to members of the public; E€. "Minor" shall mean any natural person under eighteen (18) years of age. 10G!1 0410 CnfarceY. Pnt
:-if Sectie.n 104.01n nf the Newpert Beach Municipal Cede. In -ad-d-itien, the City AtteMey may to be it el-atieR of this chapter
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Chapter 10.64
CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL DISTRICTS Sections:
10.64.010 Purpose and Intent.
10.64.020 Definitions.
10.64.030 Construction and Maintenance Projects —Regulations. 10,U,040 Penalty.
10.64.050 Construction/Maintenance Project Permits.
10.64.060 Approval, Denial, Revocation of Construction/Maintenance Project Permits.
10.64.070 Appeal of Denial or Revocation of Construction/Maintenance Project Permit.
15.64.989 Amartiaatie;r
10.64.030 Construction and Maintenance Projects —Regulations.
B. Upon completion or abandonment of a construction or maintenance project, it shall be removed from the lot within fifteen (15) ealend@F days.
C. Nothing in this chapter shall prevent the enforcement of any other provision of the "'ewpert Be@6 Municipal Code. In the event of any conflict between this chapter and another provision in this Code, the provision establishing a more stringent restriction shall control. n cn Ann PeRalt]V
A. Any vielatien P_f this chapter is subject te these remedies previded fer in Chapters 1.0-4 -And 1_45 t., aRY other r e dies all.,..,.,.d by State and C.,.d.,r-,I la.., B. Anyyielat en .,f thas chanter is hereby declared to be a public
10.64.050 Construction/Maintenance Project Permits.
E. No construction/maintenance project permit shall be issued for a period in excess of six months.
A permit may not be extended beyond the initial six-month period unless the Community Development Director, or his ^r her desi Ree finds both that: (1) due to circumstances beyond the control of the construction/maintenance project permittee, the construction or maintenance project could not be fully completed within the time permitted by the initial construction/maintenance project permit; and (2) extension of the construction/maintenance project permit will not adversely affect the public views or the public health, safety or welfare. The Community Development Director, ^r his or her designee, may limit the term of the construction/maintenance project permit to a period of less than six (6) months upon a determination of any of the following:
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2. That any period of time in excess of that prescribed by the Community Development Director, ^.r "iS ^.r her designee, would adversely affect the public views, or the public health, safety or welfare; or
3. That similar construction or maintenance projects previously approved by the Community Development Director, er his ^F heF designee were completed in a period of time less than the six-month maximum.
10.64.060 Approval, Denial, Revocation of Construction/Maintenance Project Permits.
A. The Community Development P4m4 g-Director ^F his design shall be responsible for the review and approval, denial or revocation of construction/maintenance project permits pursuant to this chapter.
B. No construction/maintenance project permit shall be issued for any construction or maintenance project where:
1. The activity to be conducted under the construction/maintenance project permit violates any provision of thise Code, State or i-federal law;
2. The Community DevelopmentP4w4pg Director, ^" his desig^^^, determines that the activity described in the permit would adversely affect the public views, or the public health, safety or welfare.
C. The Community Development Xa-p4n —Director, er his designee, may deny or revoke construction/maintenance project permit, or the application for the same, if he determines any of the following:
D. The procedure for revocation of a construction/maintenance project permit shall require that the Community Development g Director erhis desigRee conduct an investigation of the facts surrounding the alleged violation of any portion of this chapter and notify the permittee in writing of his intent to revoke any construction/maintenance project permit issued pursuant to this chapter. The notice of intent to revoke shall become effective, and the construction/maintenance project permit shall be revoked, fifteen (15) days after the date of the notice of intent to revoke unless the permittee elects an administrative hearing as set forth in this chapter.
10.64.070 Appeal of Denial or Revocation of Construction/Maintenance Project Permit.
A. Any person whose application is denied or who receives notice of intent to revoke a construction/maintenance project permit may appeal that decision by requesting a hearing in writing to the City Clerk, including payment of any applicable fee(s), within fifteen (15) days from the date of denial or date of the notice of intent to revoke the permit. Failure to timely appeal the denial or intent to revoke a permit by the Community DevelopmentPlanning Director, eF his designee shall render that decision final.
E. The Hearing Officer shall only consider evidence that is relevant to whether the Community DevelopmentP4nping Director er his ^wing^^ has properly denied or notified the permittee of their intent to revoke the construction/maintenance project permit pursuant to this chapter.
F. The written notice from the Community Development'^^44^ 94eetef eF his design denying or intending to revoke a construction/maintenance project permit shall constitute prima facie evidence of SS2-255
the respective facts contained in those documents supporting the basis for denial of the construction/maintenance project permit application or intended revocation of the construction/maintenance project permit.
G. At least ten (10) days prior to the hearing, the appellant shall be provided with copies of any documents submitted or relied upon by the Community Development Planning Director er his deSig^^^ in making the Community Director's4i+s determination to deny the construction/maintenance project permit application or revoke the permit. No other discovery is permitted. Formal rules of evidence shall not apply.
I. The failure of any person requesting an appeal to appear at the administrative hearing shall constitute a failure to exhaust their administrative remedies and render the decision of the Community DevelopmentPlaRRiRg Director er his desi .R final.
J. The Hearing Officer may continue the hearing and request additional information from either the Community Development g Director ^r hir deS*g^^^ or the appellant, or both, prior to issuing a written decision.
K. Any person aggrieved by an administrative decision of a Hearing Officer at a hearing under this chapter may obtain review of the administrative decision by filing a petition for review with the Orange County Superior Court —Harbor Judicial District in accordance with the timelines and provisions as set forth in QlifeWia Cal. Gov.ewment Code Section 53069.4.
ARY GGRS4616t�GR OF FRaiRteRaRGe PFGjPK# A-the-R.A.4-se subject to this chapter 131_1* that is GO.M.MeRGed PFOOF chapter shall be exempt fre.m. enfe-Feement fer a peried- ef six Menths fellewing the effective date ef the nrrlir Anc-n rnrlif PH ir, that chapter
SS2-256
Chapter 10.66
LOUD AND UNRULY GATHERING
Sections:
10.66.010
Definitions.
10.66.020
Loud or Unruly Gathering —Public Nuisance.
10.66.030
Posting of Notice Regarding Loud or Unruly Gathering.
10.66.040
Second and Subsequent Responses.
10.66.050
Notice of Violation.
10.66.060
Violation —Penalty —Civil Fine.
10.66.070
Administrative Hearing, Appeal.
10.66.080
10 GG (390
Collection of Delinquent Costs.
r.,,.datiyp RPmP.dLe_
10.66.040 Second and Subsequent Responses.
If, after posting of a notice pursuant to Section 10.66.030(A), a peace officer is required to respond to the residential unit based upon another loud or unruly gathering and the owner of that residential unit does not reside within the residential unit, then the owner shall not be liable for the increased fine amount for the second or subsequent response unless notice has been mailed to the owner in compliance with Section 10.66.030(D) and fourteen (14) calendardays have passed since the mailing of said notice.
10.66.060 Violation —Penalty —Civil Fine.
G. Any owner or responsible person who intends to request an administrative hearing pursuant to Section
10.66.070 may request an advance deposit hardship waiver pursuant to Section 1.05.060(B). An owner or responsible person who is unable to pay all or a part of the civil fine due to the person's actual financial inability may file a written request for a civil fine waiver with the City's Finance Director, or his er "^F designee, within fifteen (15) Galendar days from the date of service of the citation or notice, whichever is earlier. The failure of any owner or responsible person to timely file a written request for a civil fine waiver with the City's Finance Director, ^r his ^r her desig^^^, shall be deemed a failure to exhaust the owner's or responsible person's administrative remedies with regard to the same.
1. The written request for a civil fine waiver shall be in writing and describe with particularity the owner's or responsible person's actual financial inability demonstrating why all or a part of the fine should be waived. Further, the written request for a civil fine waiver must be accompanied by a sworn affidavit and demonstrate to the satisfaction of the City's Finance Director, ^per designee, the owner's or responsible person's actual financial inability, that necessitates a waiver of all or a part of the civil fine amount. The City's Finance Director, OF hiS OF her desig^^^, is entitled to request additional documentation and information from the owner or responsible person in SS2-257
order to fully assess the owner's or responsible person's actual financial inability. The failure of any owner or responsible person to timely submit all requested additional documentation and information to the City's Finance Director, er his eF h^F desigRee, as requested shall be deemed a failure to exhaust the owner's or responsible person's administrative remedies with regard to the same.
2. Once a complete written request for a civil fine waiver is filed with the City's Finance Director, ^r his er h^F designee, the requirement to pay the civil fine shall be stayed until the City's Finance Director, eF hiS eF h^F deSigRee, determines whether to grant or deny the request.
3. If the City's Finance Director, er his er h^F designee grants the written request for a civil fine waiver, the owner or responsible person shall not be required to pay the civil fine. If the City's Finance Director, ^r his er h^" designee, determines that the owner or responsible person has the financial ability to pay all or a part of the civil fine on a reasonable payment plan, the City's Finance Director, OF hiS OF h^F deSig^^^, shall so notify the owner or responsible person and the owner or responsible person shall execute any agreements required by the City's Finance Director, ^r his or her desigRee, to establish the payment plan.
4. The granting of any request for a civil fine waiver or payment plan shall not excuse or discharge any continuation or repeated occurrence of any violation of this chapter, nor shall it bar further enforcement action by the City.
5. If the City's Finance Director, or his or h^F deSigRee, denies the written request for a civil fine waiver the civil fine must be paid within ten (10) ealendaF days from the date of service of the City Finance Director's, OF hiS ^F h^F desig^^ determination.
6. The City Finance Director's, eF his ^" h^• designee's,determination shall be (a) made within fifteen (15) calendar days of the date of receipt of the complete request or any additional information as requested by the City Finance Director, ^F his eF heF designee; (b) be in writing; and (c) served either by personal delivery on the owner or responsible person or by deposit in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to such owner or responsible person. The decision of the City's Finance Director hiS ^P heir d'^si^^^^, shall be final as to the City but subject to judicial review pursuant to Cal.
Code Civ. Proc. Section 1094.5.
J. Any owner who does not reside within the residential unit, has a written lease or rental agreement for the residential unit and had the same residential unit posted with a notice pursuant to Section
10.66.030(A) may file a written petition with the Chief of Police, er his er her designee, requesting permission to remove posted notice prior to the expiration of the ninety (90) day period. The Chief of Police, eF his ^F h^" desig^^^ may grant the owner's written petition upon a satisfactory showing by the owner that the responsible person(s) for the loud or unruly gathering are no longer in possession of or allowed to occupy the residential unit.
10.66.070 Administrative Hearing, Appeal.
P. Any owner or responsible person aggrieved by a written decision of a Hearing Officer following an administrative hearing may obtain review of the decision by filing a petition for review with the Orange SS2-258
County Superior Court, Harbor Justice Center in accordance with the timelines and provisions as set forth in Cal.iferp+a Gov.emment Code Section 53069.4.
aRy etheF FerRedy te which it is P-Infifled -Unt-dPeIr
Aar equity. Nething in this rehapter shall be tA-
SS2-259
Chapter 10.68
TARGETED RESIDENTIAL PICKETING
Sections:
10.68.010 Legislative Findings and Statement of Purpose.
10.68.020 Definitions.
10.68.030 Targeted Residential Picketing Prohibited.
I-MR.nnn Public AluwsanGe.
SS2-260
Chapter 10.70
MEDICAL ""^R"I IANACANNABIS REGULATIONS
Sections:
10.70.010 Legislative Findings and Sstatement of Ppurpose.
10.70.020 Definitions.
10.70.030 Prohibited Aactivities.
10 70 040 Public nuill
18.70 ncn Se ability,
10.70.010 Legislative Findings and Sstatement of Piaurpose.
A. The City Council finds that the prohibitions on marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council's prohibition of such activities is within the authority conferred upon the City Council in the City 4s-Charter and State law.
METM
. ..
BQ The City Council finds that this chapter: (1) expresses its intent to prohibit the cultivation of cannabismaFmjUaRa in the City
Safety Cede Sectie^' 136-' "' f^Y the ci litivalti ^f marijuana ;R the City; (2) exercises its local authority SS2-261
to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community; and (4) expressly prohibits the delivery of cannabism4 j-uana in the City, to the extent permitted by State and federal law.
10.70.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. "MarijuanaCannabis" means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including MaFijUaaacannabis infused in foodstuff or any other ingestible or consumable product containing FnaFijucannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Cal. Food & Agr. Section 81000 or Cal. Health & Saf. Code Section 11018.5.The-teF^, "Ma aRa" Shal ab;A B. "Caregiver" or "Primary Caregiver" shall have the same meaning as set forth in Cal. Health & Saf.
Code Section 11362.7e.
C. "Commercial cannabis activity" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 26001(i).
D. "Cooperative" means two (2) or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available cannabis, with or without cultivation-
E. "Cultivation" or "Cultivate" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(I).
"Deliverv" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(m G. "Dispensary" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(n).
For purposes of this chapter, Dispensary shall also include a Cooperative.
H. "Medical cannabis" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(af).
I. "Medicinal and Adult -Use Cannabis Regulation and Safety Act" shall mean and refer to Cal. Bus. & Prof. Code Section 26000 et seq.
SS2-262
JC. —"PMarijuana processing" means any method used to prepare cannabisffa or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabisFAaFij6IaRa related products and concentrates.
Patient" or "Qualified Patient" shall have the same meanine as set forth in Cal. Health & Saf. Code Section 11362.7. B. ""Ma,=ijua at#e,r-Fneans-gF9WiRg, ^',^tiRg, ha; GIF -- -- ••-- - -
- -- - -
--- -
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Ella M..
vi 4011
..-
Use, as may be arneRdedd fireeirn tirnee te tirne, that was issued by the effice A-f the AtteFRey General fer t4e
10.70.030 Prohibited Aactivities.
A. No person shall establish, operate, conduct, permit or allow any cannabis or medical cannabis related use in the City, including, but not limited to, MaFijuanacannabis cultivation, FnaFijuanaprocessing, delivery, m^r;;, ^^^ ^'^' ^r ; and n;aFi;, ana dispensary+es, cooperatives and all other commercial cannabis activities for which a State license is required under the Medicinal and Adult -Use Cannabis Regulation and Safety Act, regardless of whether the cannabis is used for medicinal purposes,"�" ^ the except where the City is preempted by federal or Sstate law from enacting a prohibition on any such activity.
B. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for44e any activities that relate in any way toef cannabis or medical cannabis uses including, but not limited to, Fnariju cannabis cultivation, eaa ij�ana processing, maFijuana delivery, of -the establishment or operation of a FnaFijuanadispensary, a cooperative or other commercial cannabis activities for which a state license is required under the Medicinal and Adult - Use Cannabis Regulation and Safety Act AR the G;+., and r peFsen. shall thery.dse establ;s" Or nduc+ such -Refivities On the Cit�, ,except where the City is preempted by federal or S&State law from enacting a SS2-263
prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.
C. This section shall not limit the retail sale by delivery of medical cannabis to a qualified patient or caregiver from a location outside of the City's jurisdiction, or from a non -storefront retailer, which is closed to the aublic. and which is located in the Citv's iurisdiction on or after January 1. 2024. Anv non -storefront retailer shall-
1. Have a non -storefront license issued by the Department of Cannabis Control prior to beginning operations within the City's jurisdiction.
2. Employ or contract for security personnel who are at least 21 years of age to provide security services on the premises. All security personnel employed or contracted for by the non - storefront retailer shall be licensed by the Bureau of Security and Investigative Services and shall comply with Cal. Bus & Prof. Code, Division 3, Chapters 11.4 and 11.5.
3. Obtain a business license from the City.
4. Require every person delivering cannabis to carry a copy of the following documentation, which shall be provided to law enforcement upon request:
a. A copy of the d non -storefront retailer's current permits, licenses, and entitlements authorizing them to provide transportation and distribution services; b. The person's government -issued identification;
C. A coov of the transportation and distribution reauest: and d. Chain of custody records for all medical cannabis being delivered, which shall include, but not be limited to, (i) the name, phone number and address of the qualified patient or caregiver; (ii) the amount of medical cannabis to be or that was delivered; NO the date and time of delivery; and (iv) the delivery location.
D. No person who is an owner, manager, operator, contractor, or employee of a non -storefront retailer shall•
1. Sell or deliver cannabis or medical cannabis to any person other than a qualified patient or caregiver.
2. Sell any cannabis, medical cannabis, cannabis accessories, or branded merchandise from the non -storefront retailer's business location.
3. Sell or deliver within the City any promotional materials, branded merchandise, or cannabis accessories including, but not limited to, pipes, rolling paper, or vape cartridge batteries.
SS2-264
10 70 Orlo Venlatinw;
thPPPtA
100 7A 11GA CnveFability.
SS2-265
Chapter 11.03
SPECIAL EVENTS
11.03.030 Definitions.
"City Manager" means the Gity M-...ageF of the City of N.,...peFt Beach. " "•
r rpaFtneFship,tFUst, At rassociation,
gFeup
"Parade" means any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with traffic regulations or controls provided in this Code and the Cal.C,"�;;a Veh.k e Code. "Title 20" or "Zoning Code" means Title 20 of thise "'ewpaF+ Beaeh MURiGipal Code.
11.03.050 Standards and Requirements.
C. Other Requirements. In addition to the requirements set out in this section, the Reviewing Authority may also impose conditions of approval relating to use of City beaches, fire protection, traffic, parking, security, dust control, water quality protection of the bay and ocean, noise, temporary structures, signs and banners, outdoor lighting, insurance, which types and amounts shall be determined by the Risk Manager, and other matters deemed by the Reviewing Authority to be necessary for protection of public health, safety and general welfare.
11.03.060 Permit Review Procedures.
F. Appeals to City Manager. Within ten 10 days of the date of written notification of action by the Director, an Applicant for a Level 2 or Level 3 Permit may appeal any denial of the application or any condition of approval to the City Manager. The City Manager shall hear appeals at least ten 10 days following filing of the appeal. The City Manager's decision on the appeal of a Level 2 Permit shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
H. Appeals or Calls for Review of City Manager Decision. The City Manager's decision under subsection (F) or (G) of this section shall be rendered within ten (10) days of his or her consideration of the appeal or special review. The City Manager shall approve the application unless he or she makes one (1) or more of the findings for denial set out in subsection (E)(4) of this section, in which case the City Manager may deny the application. In approving a special event permit, the City Manager may impose conditions of approval, as set out in subsection (E)(5) of this section. The City Clerk shall notify the applicant in writing within five (5) days of the City Manager's decision. The City Manager's decision on an appeal under subsection (F) of this section for all Level 2 permits shall be final as to the City but subject to judicial review pursuant to Cal.
Code Civ. Proc. Section 1094.5. The City Manager's decision under subsection (G) of this section and on all Level 3 permits may be appealed or called for review pursuant to Section 11.03.100.
SS2-266
11.03.070 City Services Deposits and Damage Reimbursement for Certain Special Events.
D. Appeals. If the applicant or operator disputes the cleanup charge, he or she may appeal to the Director within five days after receipt of the cleanup bill. The Director shall hear the appeal and the decision of the Director shall be final as to the City but subject to iudicial review pursuant to Cal. Code Civ. Proc.
Sertinn 1(1945.
11.03.100 Appeals and Calls for Review.
#Except as expressly provided herein, if an applicant is aggrieved by any decision of the City Manager under this chapter, the applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the City Manager's decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by resolution of the City Council. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review in the manner provided in Section 1.08.080. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall provide written notification of the time and place set for hearing the appeal or call for review. The City Council at its next regular meeting held not less than ten (10) days from the date on which the appeal or call for review was filed with the City Clerk shall hear the appeal or call for review and all relevant evidence. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal.
Code Civ. Proc. Section 1094.5.
SS2-267
Chapter 11.04
PARKS, PARK FACILITIES, AND BEACHES
Sections:
11.04.010 Intent and Purpose.
11.04.020 Definitions.
11.04.030 General Administration.
11.04.040 Park Hours.
11.04.050 Closed Park Areas.
11.04.060 Permit or Agreement Requirement.
11.04.070 Prohibited Conduct.
11.04.990 5FM9l(i1qR PFghob:+ed
11.04.090 Abandoned Bicycle.
11.04.100 Violation of Rules and Policies of Department.
11.04.110 Ejection.
11.04.120 Prohibition Against Obstructing Performance of City Employee.
11.04.130 Exemption.
11.04.140 Penalty.
11.04.020 Definitions.
"Director" means the Director of the Recreation and Senior Services Department, er has er her designee.
11.04.050 Closed Park Areas.
When necessary for the protection of the public interest, health, or welfare, the Director, Chief of Police, or Fire Chief, ^r theiF desig^^^ shall have the authority to close from public access or use any park, park facility, or portion thereof, on a temporary basis. No person shall enter or remain upon areas posted or publicly noticed as closed.
SS2-268
B. No persOR shall dispose ef any cigarette, cigaF or tobacco, 9F any part of a cigarette or effigar, ORCluding CU. P,_,nO_r.h.m.P_.n* _,AP_jP_.r thms sP_c_#iA_.A r-hall net pFeelude punishment pursuant te Health -;;Pd Safety Ced& I1W,
11.04.090 Abandoned Bicycle.
Any bicycle that is attached or fastened to any City property, including a bicycle rack, or left in a park, park facility, on a beach, or oceanfront boardwalk for a period of forty-eight (48) hours or longer shall be deemed abandoned property and may be impounded by the City. Any bicycle which has been impounded by the City and held for ninety (90) days without redemption by or on behalf of the lawful owner thereof shall, if saleable, be sold at such time and place and in such a manner as required by Cal. Civ.4 Code Section 2080 et seq.
11.04.140 Penalty.
G. N tWith5t Rdi^^ thi& " .+^ , ,Unlawful sidewalk vending activities shall be punished in accordance with Chapter 5.97, eF any sueeesseF ehapte�.
SS2-269
Chapter 11.17
REGULATION OF VESSELS ALONG THE PACIFIC OCEAN
Sections:
11.17.005
Purpose and Intent.
11.17.010
Definitions.
11.17.020
Vessel Launching and Operation Prohibited.
11.17.030
Exceptions.
11.17.040
11.17. 0- 50-
Vessel Storage Prohibited.
Penalty.
11.17.010 Definitions.
C. Vessel. All watercraft, including boats and personal watercraft, that are required to be numbered pursuant to the provisions of the Cal. Vehicle C-ejn ^f the -State of C,'*feYn;;;Veh. Code.
11.17.020 Vessel Launching and Operation Prohibited.
C. No person shall operate a vessel in any protected swimming area as specified in Chapter 11.12 of thine Newp rt Beach Municipal Code.
11.17.030 Exceptions.
The provisions of this chapter shall not apply to:
A. Any vessel owned, operated by or under contract with the City, the United States, any State or any izpolitical sSubdivision of theany State.
B. Activity involving vessels if authorized pursuant to a permit issued in accordance with the provisions of Chapter 11.03 of thise NewpeYt BeaGh M nieipa' Code and approved by the City Council. 11 17 0-50- Denalt.•
.dee.,led aR infractien pursuant to the previsiens of Sect;nn 1 !1/I !1' 0(A) of this Cede.
SS2-270
Title 12
VEHICLES AND TRAFFIC*
Chapters:
12.04 Definitions
12.08 General Provisions
12.12 Vehicles on City Property
12.16 Enforcement and Obedience
12.20 Traffic Control Devices and Markings
12.24 Special Speed Zones
12.28 Turning Movements
12.32 Restricted Use of Certain Streets
12.36 Stop and Yield —Requirements —Signs
12.40 Stopping, Standing and Parking Regulations
12.44 Stopping, Standing and Parking Restrictions
12.46 physically Handoeapped Parking QFdinan-oparking for Persons with Disabilities
12.48 Loading and Unloading
12.52 One-way Streets and Alleys
12.54 Oceanfront Boardwalk Safety Program
12.55 Upper Newport Bay Recreation and Scenic Trail
12.56 Bicycles —Registration and Regulations
12.57 Skateboarding and Rollerskating Regulations
12.62 Temporary Street Closure
12.63 Solid Waste Management
12.64 Vehicular Nuisances
12.66 Private Roads
12.68 Residents' Preferential Parking
SS2-271
Chapter 12.04
DEFINITIONS
Sections:
12.04.010
Definition Provision.
12.04.020
Alley.
12.04.030
Angle Parking.
12.04.040
Parallel Parking.
12.04.050
Central Traffic District.
12.04.055
Holidays.
12.04.060
Loading Zone.
12.04.070
Operator.
12.04.080
Park.
12.04.090
Parking Meter.
12.04.095
Payment.
12.04.100
Pedestrian.
12.04.120
Traffic.
12.04.130
Official Time Standard.
12.04.140
Official Traffic Control Devices.
12.04.150
Official Traffic Signals.
12.04.160
Parkway.
12.04.170
Passenger Loading Zone.
12.04.180
12.04.190
Person.
Police Officer.
12.04.200
Stop.
SS2-272
12.04.010 Definition Provision.
For the purpose of this title, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless the provisions of the context otherwise require.
Whenever any words or phrases used in this title are not defined herein, but are now defined in the Cal.
Veh.k e Code ^{ this S#Ae, such definitions are incorporated herein, and shall be deemed to apply to such words and phrases used herein as though set forth herein in full. paths and feet paths.
12 AA 14A Dergan
The teFM a n
SS2-273
Chapter 12.08
GENERAL PROVISIONS
12.08.135 Cruising Prohibited.
A. The ranking peace officer within any area affected by traffic congestion may establish traffic control points to regulate cruising. Cruising is defined to mean the driving of a motor vehicle past a traffic control point established on a portion of any street identified as subject to cruising controls by signs posted at the beginning and end of the controlled roadway that briefly and clearly state the appropriate provisions of this section and Cal. Veh. Code Section 21100(k) ^{ the Vehiel^ Cede, and after the operator of the vehicle has been given the notice specified in this section. The ranking peace officer on duty within the area affected by traffic congestion, eF his designee-, shall be empowered to post the signs required by this section.
SS2-274
Chapter 12.12
VEHICLES ON CITY PROPERTY
Sections:
12.12.010 Parking.
12.12.020 Speed.
12.12.030 Traffic Control Devices.
12.12-040 Parking nneteFS „R G:.., Wall oFeperty.
12.12.050 Parking Fees for City Parking Lots.
12.12.080 Parking Restrictions for Motorcycles, Motor -Driven Cycles and Motorized Bicycles.
12.12.010 Parking.
C. Impoundment. When signs authorized by the provisions of subsection (B) are in place giving notice thereof, any member of the Police Department designated by the Chief of Police is authorized to remove or cause the removal of any such vehicle from City property to the nearest public garage or other place of safety, and shall give such notice as is indicated in S^Cti^^S 2245' and 22453 of the Cal. Veh.k4e. Code Sections 22852 and 22853.
SS2-275
Chapter 12.16
ENFORCEMENT AND OBEDIENCE
12.16.060 Exceptions.
A. Emergency Vehicles. The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the Police or Fire Department, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the CaLifernia Veh.k e Code Section 165 in response to an emergency call.
SS2-276
Chapter 12.20
TRAFFIC CONTROL DEVICES AND MARKINGS
12.20.010 Authority to Install and Maintain.
B. Installation. Whenever this Code or the Cal. Veh.ie4e Code ^f *tee _requires for the effectiveness of any provision thereof that traffic control devices be installed to give notice to the public of the application of such law, the City Traffic Engineer is hereby authorized to install the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.
12.20.020 Appropriate Signs Requisite for Enforcement.
No provision of the Cal. Veh.iele Code or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person giving notice of such provisions of the traffic laws. No vehicle may be towed or removed from private property unless that property is posted with signs as required by s^et�^^ 22659 Af the Cal. Veh.k4 Code Section 22658 and SigRS thP- ^d C ^+^^* ^f which h-,,,^ h^^^ appreved by +he Traf('e En
12.20.040 Installation of Traffic Signals.
The City Traffic Engineer is hereby directed authorized to install and maintain official traffic control signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released i-p�to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.
The City Traffic Engineer shall ascertain and determine the locations where such signals are required by resorting to field observation, traffic counts and other traffic information as may be pertinent and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the "California MaiRt^^a^e^ Manual on Uniform Traffic Control Devices," issued by theHighways of the State Department of o„h';^ `^'^rk, California Department of Transportation.
12.20.060 Removal, Relocation or Discontinuation.
The City Traffic Engineer is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by State law by the provision of this chapter, wherever the City Traffic Engineer shall determine in any particular case that the conditions which warranted or required the installation no longer exist or
SS2-277
Chapter 12.32
RESTRICTED USE OF CERTAIN STREETS*
12.32.015 Balboa Island Bridge Speed Restrictions.
Pursuant to the procedures set forth in Section 22404 of the CaLiferpia Veh.k4e Code, and after a public hearing held thereon, the City Council has determined that the maximum speed limit which can be maintained with safety on the Balboa Island Bridge shall be fifteen (15) miles per hour.
12.32.075 Balboa Peninsula Traffic Access Control —Findings.
E. The City Council finds that the threat to the public health, safety and welfare brought about by severe traffic congestion along the Balboa Peninsula can be eliminated by authorizing the Chief of Police er has oT "^4_-, to restrict motor vehicle access to the peninsula during times of significant traffic congestion and/or when conditions are such that severe congestion will occur if access is not restricted.
12.32.080 Balboa Peninsula Traffic Access Control Points —Authorization to Establish.
The Chief of Police, or his or heF desigRee, shall be authorized to establish appropriate traffic access control points along Balboa Boulevard when it is determined by the Newport Beach Police that:
SS2-278
Chapter 12.36
STOP AND YIELD — REQUIREMENTS — SIGNS
Sections:
12.36.010 Stop Signs.
12.36.020 Yield Right -of -Way Signs.
12.36.030 Through Streets and Alleys Designated.
12.36.010 Stop Signs.
The City Traffic Engineer is authorized to approve the installation of, removal of, and erect and maintain stop signs conforming to the requirements of Cal. Veh. Code Section 21400 at the entrances to any or all through highways and stop intersections as in the City Traffic Engineer's opinion are reasonably necessary for the protection and safety of the traveling public.
In accordance with Cal. Veh. Code Section 21354, all major, primary and secondary streets and highways of the City as shown on the County Master Plan of Arterial Highways, originally adopted by resolution of the County Board of Supervisors on May 31, 1956, on file in the Office of the County Clerk, are hereby declared to be through highways together with such other highways as the City Council may by resolution from time -to -time declare to be through highways `^1he-Rev^r - FdmR RGe ^ ^' *'^^ Of this G;*., vehirdes -A.re required te step at ene er mere eRtF@Rces therete, the City Traffic Engineer shall erect and
12.36.020 Yield Right -of -Way Signs.
The City Traffic Engineer is authorized to determine those locations where the safe and orderly movement of traffic requires vehicles to yield the right-of-way to other traffic and to install, remove, erect and maintain yield signs conforming to the requirements of Cal. Veh. Code Section 21400.s"," ^r^^+ 4^4 maintain yield right of w , . - � street er inter-re-c-fien v.f.h.eR such signs are autherized by reselutien SS2-279
SS2-280
Chapter 12.40
STOPPING, STANDING, AND PARKING REGULATIONS
Sections:
12.40.010 Application of Regulations.
12.40.020 Standing in Parkways Prohibited.
12.40.030 Parking on Private Property.
12.40.035 Parking on Private Streets and Drives.
12.40.040 Parking Duration Period.
12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles Resid- enti-A Distriet Prahohonvmarccv.
12.40.060 Parking for Certain Purposes Prohibited.
12.40.070 Parking on Grades.
12.40.080 Parking Parallel with Curb.
12.40.090 Angle Parking Indicators.
12.40.100 Angle Parking Streets.
12.40.110 Parking Space Indicators.
12.40.120 Obstructing Parking Space.
12.40.130 Permit for Angle Loading or Unloading.
12.40.140 Parking Adjacent to Schools.
12.40.150 Parking Prohibited on Narrow Streets.
12.40.160 Prohibited Parking Areas.
12.40.165 Parking Restriction in Electric Cart Zones.
12.40.170 Parking Restrictions for Vendors and Vehicles for Hire.
12.40.180 Emergency Parking Restrictions —Signs.
12.40.190 Causes for Removal and Storage.
SS2-281
12.40.010 Application of Regulations.
B. Time Limits. The provision of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the She Cal.- Veh.k4e. Code, this Code or the ordinances of this City, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.
12.40.035 Parking on Private Streets and Drives.
No person shall park a vehicle on a private street or drive in such a fashion that the vehicle blocks the private street or drive so as to prevent vehicular ingress or egress thereto; provided that signs giving notice that such parking is in violation of Section 12.40.035 of thise "'ewpert Q^areh MURi .ipal Code are erected or placed twenty-four (24) hours prior to the violation.
12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles --rvrriaiscu.
A. Prohibition.
1. Subject to the exceptions set forth in subsection (G), no person shall, at any time, park or leave standing any large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, on any public street or alley within any residential district or adjacent to any public park or school, or within five (500) hundred feet of the entrance to any public park, day care center, or school, as measured from the property line.
2. Subiect to the exception set forth in subsection ON, no person who owns, operates or has charge of a large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, shall use a generator that is associated in any way with the vehicle while the vehicle is located on any City property including, but not limited to, any public street or alley, or public parking lot.
3. Subject to the exception set forth in subsection (G)(8), no person who owns, operates or has charge of a large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, shall do any of the following while the vehicle is located on any City property including, but not limited to, any public street or alley, or public parking lot: (a) conduct any business or commercial activity; (b) park the vehicle outside of the area marked for the parking of the vehicle; or (c) place any item outside of the vehicle on City property or store any item under or around the vehicle including, but not limited to, solar panels, a barbecue, a mat, recliner, table, or chairs.
E. Residential District. For the purpose of this section, the term "residential district" shall mean any area within the City which is zoned R-A, R-1, 11-1314-5, R-2, RM-3, RMD°-^,T�-MF, PRD (planned residential district), and those portions of planned community districts and specific plan districts which are specified for residential uses.
G. 2. Large motor vehicles, or nonmotorized vehicles which are attached to a motor vehicle, parked adjacent to the owner's residence or at such other location approved by the Chief of Police, for no more than seventy-two (72) hours for the purposes of loading, unloading, cleaning, battery -charging, or other activity preparatory or incidental to travel, provided permission has been granted by the Chief of Police; er his n.- her designee,
SS2-282
5. To any motor vehicle displaying authorized placards or license plates pursuant to the Cal. if9FRia Veh.k e Code Sections 5007 and 22511.55 identifying the physically handicapped or disabled person.
7. To a motor vehicle legally parked in public park parking lot.
8. To any motor vehicle that is: (a) legally parked in a school or day care center parking lot; (b) authorized to be at the location pursuant to a special events permit; (c) authorized to be at the location by the City Manager; (d) authorized to be at the location by the lessee of the property; (e) owned by a governmental entity; or (f) trucks actively being used for commercial purposes including the preparation of food, the delivery of food or cargo, and construction or maintenance activities.
12.40.080 Parking Parallel with Curb.
Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen (18) inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting stopping or standing. In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs or markings are in place permitting such standing or parking.
The City Traffic Engineer is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left-hand side of any one-way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof.
12.40.100 Angle Parking Streets.
28th Street, north side only, from Balboa Boulevard to Newport Boulevard
12.40.160 Prohibited Parking Areas.
C. Within twenty-five (25) feet of the approach to any traffic signal, boulevard stop sign, or official electric flaship,gLraffic control device.
SS2-283
Chapter 12.44
STOPPING, STANDING AND PARKING RESTRICTIONS
12.44.030 Off -Street Parking Meter Zones.
The City Council may by resolution establish off-street parking meter zones, including any land owned, leased or controlled by the City, as traffic and parking conditions require. Such resolution shall also establish the fees for parking in such off-street parking meter zones. This 1;^G*4^^ `hall Rat be appliGabl the pFoperty en whieh the City Hall is leeated. (See Seetien 12.12.040 feF Fegulatiens applaeable to parking tors an the City Hall r eoy )
12.44.125 Commercial In -Lieu Parking Fees.
A. Permit Required. In lieu of providing the required off-street parking on site pursuant to Title 20 of thine "'ewner+ Beach ""unie;.,^' Code, a commercial business may provide all or a portion of its required commercial off-street parking in a municipal fee -owned lot by paying an annual fee of one hundred fifty dollars ($150.00) per parking space or a fee per space as set by resolution adopted by the City Council.
Said municipal parking lot must be located within reasonable proximity to the commercial business as to be useful to said business.
SS2-284
Chapter 12.46
PHYSIGni iv HANDICAPPED -PARKING FOR PERSONS WITH DISABILITIESORDI ANCEs Sections:
12.46.010 Physically Handiriapped Parking for Persons with Disabilities^oe.
12.46.020 Establishment of On -Street Parking Spaces.
12.46.030 Establishment of Off -Street Parking Spaces.
12.46.040 Unauthorized Parking Prohibited.
12.46.010 Physeea" y Handeeapped Parking for Persons with Disabilities0rdina„ee.
This ordinance shall be known and may be cited as the Physmea" y Handieapped Parking for Persons with Disabilities Ordinance of the City of Newport Beach.
12.46.020 Establishment of On -Street Parking Spaces.
When so directed by a resolution of the City Council, the City Engineer is authorized to designate parking spaces for the exclusive use of physi^a" y handaeappe ' persons who are physically disabled and whose vehicles display a distinguishing placard or license plate issued to disabled individuals with disabilities peFsens, as specified in the CaLifemia Vehicle. Code.
12.46.030 Establishment of Off -Street Parking Spaces.
A. The City Traffic Engineer when so directed by a resolution of the City Council, is authorized to designate spaces City -owned, leased or controlled off-street parking facilities for the exclusive use of 4ysk- y handicapped persons individuals who are physically handicap and whose vehicles display a distinguishing placard or license plate issued to disabled persons with disabilities pursuant to the Califeria Veh.k e Code.
B. The City may cause the removal, from a stall or space designated for physically handicapped persons who are physically handicap an ^"''h f@^ility to the nearest public gar of any vehicle not displaying one of the distinguishing placards or license plates authorized bythe Califeria. Vehicle. Code, if there is posted immediately adjacent to, and visible from, such stall or space a sign which clearly and conspicuously states the following:
"Unauthorized vehicles not displaying distinguishing placards or license plates issued to physmeall "aid persons with physical disabilities will be towed away at owner's expense. Towed vehicles may be reclaimed at the "'ewpeFt Bea^" Police Department, 870 Santa Barbara Drive, Newport Beach, California, or by telephoning the "'ewpert Bea^" Police Department at 644-367-7717."
12.46.040 Unauthorized Parking Prohibited.
No person shall park a vehicle in a space or stall as designated in Sections 12.46.020 or 12.46.030 of this chapter without displaying distinguishing placards or license plates issued for persons who are physically handicapped persons ursuant to the -Ca 1.ifernia Vehjc e Code Sections 5007, 22511.55 or 22511.59.
SS2-285
Chapter 12.52
ONE-WAY STREETS AND ALLEYS
Sections:
12.52.010
Placement of Appropriate Signs.
12.52.020
Obedience to One -Way Signs.
12.52.030
Balboa Island.
12.52.040
Corona del Mar.
12.52.050
Balboa.
12.52.060
Newport Beach.
12.52.070
1-2.-92.040
Lido Isle.
ni,,..,...ok ue: hts.
SS2-286
Chapter 12.54
OCEANFRONT BOARDWALK SAFETY PROGRAM
12.54.020 Definitions.
"Electric bicycle" has the same meaning as defined in Ca1°{^.r^';; "^Cal Veh. Code Section 312.5. "Electrically motorized board" has the same meaning as defined in r,"{^.r^'- Veh Cal. Veh. Code Section 313.5.
"Motorized bicycle" has the same meaning as defined in ra"{^"^', "^Cal. Veh. Code Section 406. "Motorized scooter" has the same meaning as defined in Ca'*{^r^ma "^" ^'^Cal. Veh. Code Section 407.5.
SS2-287
Chapter 12.55
UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL
12.55.070 Penalties.
B. Any person violating the provisions of Section 12.55.040 shall be guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) provided, however, the violation may be prosecuted as infraction pursuant to the provisions of Section 1.04.010 (A) of thise "'ewpeFt BeaGh M RiGipal Code.
SS2-288
Chapter 12.56
BICYCLES - REGISTRATION AND REGULATIONS
Sections:
12.56.010
Definitions.
12.56.025
Voluntary Licensing.
12.56.030
Operating Bicycle on Sidewalk.
12.56.040
Operating a Surrey Cycle or Pedicab.
12.56.050
Designation of Bicycle Lanes.
12.56.060
Obedience to Signs.
12.56.070
Placement of Appropriate Signs.
12.56.080
Motorized Bicycles.
12.56.050 Designation of Bicycle Lanes.
signed in an appFepriate mannerThe City Traffic Engineer is authorized to designate bicycle lanes on streets and shall mark and sign them in conformance with Cal. Veh. Code Section 21400.
Se thedy sid-e- .,f !Tiff Drive fr.,m Kings PI -Ace W f1.yeF DFiye Drive.
Se thedy side .,f Vi-sta del See fre. . ViSt, del Gre te- East -bluff Drive
12.56.080 Motorized Bicycles.
The licensing requirements of this chapter are applicable to motorized bicycles as that term is defined by th-e- Cal.ifArn';; Veh.+Ele Code Section 406.
SS2-289
Chapter 12.62
TEMPORARY STREET CLOSURE
12.62.030 Issuance of Permit.
The City Manager may issue a permit if the City Manager determines that the granting of the application for the time and location requested will not unreasonably inconvenience the public, create unusual traffic or policing problems, or interfere with the peace and quiet of the surrounding neighborhood. If the City Manager determines not to issue a permit, the City MapgeFManager may either deny the same or refer the application to the City Council for a decision. If tThe City Manager decides to not issue the permit, the City Manager shall notify the applicant in writing, by ^ al Servirze 9F by ce-Ftifi^.d ma" ^f h'' in the manner provided in Section 1.08.080, of the City Manager's -decision to deny the permit and of the4 s right to appeal said decision to the City Council or, if the matter is referred to the City Council, the date, time and location the application will be considered by the City Council.
If the City Manager issues a permit, the City Manager may impose such conditions in connection with its issuance as the City Manager deems reasonably necessary to e+nsure that the activity or special event will be conducted in an orderly manner with a minimum of inconvenience to the public. In addition, the City Manager may require that the permittee provide:
A. Liability insuFanee feF the preteetien ef the publie which naffle-,; the City as an add-itie—nal insured with specified ^i.m.-H ,., ';-,h;';*.,Insurance, which types and amounts shallts be determined by the C+ty-Risk Manager.
B. Ate# security deposit to be used to reimburse the City for all extraordinary costs resulting from the activity or special event, such as placing and removing barricades, extra traffic control or police protection, and street sweeping and cleanup.
12.62.040 Appeal and Call for Review.
If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager in issuing, failing to issue, suspending, or revoking any permit under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing by certified mail of the time and place set for hearing his appeal or call for review. The City Council at its next regular meeting held not less than five days from the date on which such appeal or call for review shall have been filed with the City Clerk shall hear the applicant, the City Manager, and all relevant evidence. The City Council may sustain, overrule, or modify the action of the City Manager, and the decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
SS2-290
The right to appeal or call an item for review regarding the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of fifteen (15) days following thedepesit ta czertified l # r OR the United -Scat S PA -St Offlee notification of the _applicant of the action of the City Manager and of the4i+s right to appeal such action to the City Council, which notice shall be served in the manner provided in Section 1.08.080.
SS2-291
Chapter 12.63
SOLID WASTE MANAGEMENT*
12.63.010 Purpose and Intent.
B. It is necessary to regulate the collection of solid waste and to encourage recycling of solid waste materials, to meet the requirements of the California Integrated Waste Management Act of 1989, Cal.
Pub. Resources Code, Division 30, Sections 40000 et seq.
12.63.020 Definitions
" "
1 1PaFtReFShip,
r jGiRt
1 limited 1
"Franchise fee" means the fee or assessment imposed by the City on the franchisee, which among other things, is intended to offset the City's expenses related to the administration of the Franchise Agreement, the Integrated Waste Management Program, the maintenance and implementation of the City's Source Reduction and Recycling Element, compliance with the California Integrated Waste Management Act, Cal. Pub. Resources Code, Division 30, Sections 40000 et seq., to compensate the City for damages to its streets, sidewalks, curbs and gutters and other infrastructure resulting from the franchisee's exercise of its rights under the franchise, reporting requirements and other related expenses.
"Hazardous waste" means any substance or waste materials or mixture of wastes defined as "hazardous," a "hazardous substance" or "hazardous waste" pursuant to Q;'tea Cal. P, ibliePub.
Resources Code Section 40141, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at Eal+fecnia Cal. -Health &ate Saf.eW Code Sections 25300 et seq.; and all future amendments to any of them, or as defined by the Environmental Protection Agency, the California legislature, the California Integrated Waste Management Board, the Department of Toxic Substances Control or other agency of the United States Government or the State of California empowered by law to classify or designate waste as hazardous. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous substance" or "hazardous waste" shall be construed to have the broader, more encompassing definition. "SRRE" means the Source Reduction and Recycling Element of the Integrated Waste Management document for the City prepared and updated pursuant to the California Cal. Pub.4e Resources Code. "Stg2" np;;nrs the c+-,+p V
f i n
�CACZrC.Tr, IITIfe r n f a.
SS2-292
12.63.050 Application for Franchise.
A. Required Forms. An application for a franchise shall be filed in the office of the Muniempa4 QpeFatieRsPublic Works Department in writing on forms prescribed by the M61ROGOpal ^^^ra*4^^Public Works Director.
B 7. Such further information as the M niGipal ^^e-Fation-sPublic Works Director may reasonably require to evaluate and process the application.
E. Waivers. The Municipal OperationsPublic Works Director may waive the submission of items deemed unnecessary.
12.63.060 Municipal Operatiens Public Works Department Review.
A. Time Limits and Notification. Within thirty (30) ealendar days of the filing of an application, the Municipal QpeFa'^^Public Works Department shall determine whether the application is complete and notify the applicant in writing if the application is determined to be incomplete.
B. Incomplete Applications. If the application is determined not to be complete, the dal OperationsPublic Works Department shall notify the applicant in writing and shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information or materials needed to complete the application. Upon the receipt of the information or materials needed to complete the application, or any resubmittal of the application, a new thirty (30) ealend@F day review period shall begin to determine the completeness of the application.
C. Extension of Time Limits. Extensions of the time limits of the review period are permitted when mutually agreed upon by the Public Works Department and the applicant.
12.63.070 Processing the Application.
Upon receiving an application that contains all of the information described in this chapter which is both complete and in a form acceptable to the Public Works Directorre^p-"a' services Direrzte the Public Works Director r_ inier,i Seer ,;,.,,s DiFe,taF shall process the application in accordance with the provisions of this chapter and Article XIII of the City Charter of the City f N ewp rt Roach for consideration by the City Council.
12.63.090 Franchise Fees and Environmental Liability Fund Fees.
B. Pursuant to Cal. Pub. Resources Code, Division 30, Part 2-, Chapter 8 of the Public Rese rce_r Cede Section 41900, et seq., ,the ordinance granting the franchise shall prescribe a specific percentage of the fee for preparing, adopting and implementing an integrated waste management plan consistent with the SRRE. That portion of the fee shall be separately accounted for and shall be used only for the costs stated in Cal. Pub4e. Resources Code Section 41901 .
12.63.130 City Inspection Authority.
Any franchisee providing commercial solid waste handling services or conducting a solid waste enterprise in the City of Newport Beach shall keep and maintain books of account, income statements, tonnage reports and supporting documents and all other documents that relate in any way to business transactions SS2-293
conducted by the person in the City of Newport Beach for a period of three llyears after said service was provided and shall make these records and documents available to the City upon request by the City Manager, IVIURi ipal QpeFatiORSPublic Works Director or Finance Director, ^~ their deSig^^^
12.63.140 Termination.
B. A notice of intent to terminate a nonexclusive franchise shall be personally delivered or mailed, at the discretion of the Muniempal OperatiensPublic Works Director, to the franchisee at the franchisee's address of record, shall state grounds for suspension or termination and shall give the franchisee notice of the time, date and place of a hearing before the City Council, which shall be convened not less than fifteen (15) days and no more than sixty (60) days after the date of notice, subject to continuance with the consent of the parties.
E. The decision to suspend or terminate shall contain findings of fact, a determination of the issues presented and shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc.
Section 1094.5aind re^^r'--i-si •^. Any suspension of a nonexclusive franchise shall state specific conditions upon which the nonexclusive franchise may be reinstated or terminated.
SS2-294
Chapter 12.64
VEHICULAR NUISANCES
Sections:
12.64.010
Scope.
12.64.020
Definitions.
12.64.030
Prohibited Operations.
12.64.040
Exceptions.
12.64.050
Operation by Permit.
12.64.060
Right to Revoke.
12.64.070
Appeal or Call for Review.
12.64.070 Appeal or Call for Review.
Any person whose application for a permit is denied or revoked may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after notification by the Chief of Police that said permit has been denied. A member of the City Council, in their official capacity, may call for review any decision of the Chief of Police under this chapter by filing written notice with the City Clerk within ten (10) days after the Chief of Police's decision. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. The City Council shall thereupon conduct a hearing on said appeal or call for review within thirty (30) days from the date of filing said notice of appeal or call for review with the City Clerk. The decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5apd- EA -Inclusive ^ all SS2-295
- - --- - - --- -- -- - - - -- - - - - - - -
- - -- --
- - -- - - -
- -- - --- - -- -- -- - - - - ----- -- - ---
- -- -- -
-- -- --
,
SS2-296
Chapter 12.66
PRIVATE ROADS
12.66.010 Intent and Purpose.
This chapter is designed to provide for the application of the provisions of the Califerpia Cal. Veh.k e Code to privately owned and maintained roads that are not generally open for use of the public for purposes of vehicular travel by reason of their proximity to or connection with highways, when it is determined that the interests of any resident residing along such roads and the motoring public will be best served by the application of said provisions, as authorized by Seetien 21107.7 .,f the CalafArnia Cal. Veh.k e Code Section 21107.7.
Whenever the term "California Vehicle Code" is used in this chapter, it shall be deemed to and shall include traffic regulations adopted by the City Council pursuant to any authorization of the Ga'OfArnia Cal. Veh.k4 Code as codified in Title 12 of thise NewpeFt Beach nn,,nieipal Code.
12.66.020 Signs.
Appropriate signs shall be erected at the entrance to any privately owned and maintained road, of such size, shape and color as to be readily legible during daylight hours from a distance of one hundred (100) feet, to the effect that said road is subject to the provisions of the Ca"�Ra Cal. Veh.k e Code.
12.66.030 Application of Vehicle Code to Private Roads in The Big Canyon Planned Community District.
The provisions of the California Cal. Veh.k4 Code shall not apply to any streets except the following:
Canyon Island Drive, Sea Pine Lane, Sea Island Drive, Pine Valley Lane, Pauma Lane, Eldorado Lane.
12.66.050 Application of Vehicle Code to Private Roads in Newport Condominiums.
The provisions of the C;flifArpia—Cal. Veh.k e Code shall apply to the following private streets in the Newport Condominiums residential development in the City of "'ewpert Beach:
12.66.060 Application of Vehicle Code to Private Roads in Broadmoor Seaview Development.
The provisions of the Califernia—Cal. Veh.fele Code shall apply to the following private streets in the Broadmoor Seaview residential development in the City of Newport Reach:
12.66.062 Application of Vehicle Code to Private Roads in the Belcourt Development.
The provisions of the Califernia Cal. Vehjc e Code shall apply to the following private streets in the Belcourt residential development in the City^{ N'eiuv^^r* R.eae :
12.66.064 Application of Vehicle Code to Private Roads in the Harbor Pointe Development.
The provisions of the Cal. Veh. !'-,fermi Vehicle Code shall apply to the following private streets in the Harbor Pointe residential development in the City of "'ewpert Beach:
12.66.070 Application of Vehicle Code to Private Roads in the Sea Island Development.
The provisions of the Cal. Veh. C-alifer i-a Vehicle Code shall apply to the following private streets in the Sea Island residential development in the City of AI,,.. pert Beach:
SS2-297
12.66.080 Application of Vehicle Code to Private Roads in Harbor Ridge Development.
The provisions of the Cal. Veh. ra'ife—mia "^hie'^ Code shall apply to the following private streets in the Harbor Ridge residential development in the City of "'ewpeFt Q^aeh:
12.66.082 Application of Vehicle Code to Private Roads in the Terraces of Corona del Mar Development.
The provisions of the Cal. Veh. Galiferpia "^hie'^ Code shall apply to the following private streets in The terraces of Corona del Mar residential development in the City ^f "'ewpert Q^„"h:
12.66.083 Application of Vehicle Code to Bayview Circle.
The provisions of the Cal. Veh.ra'ifernia Veh Code shall apply to Bayview Circle.
12.66.085 Application of Vehicle Code to Private Roads.
The pFevisiens^f s^rc+;^^ "5' ^ ^f +h^ Cal. Veh. ('-,fermi "^hie'^ Code Section 22514 which prohibits parking within fifteen (15) feet of a fire hydrant shall apply to all private streets within the City f Newport Beaeh.
12.66.087 Application of Vehicle Code to Private Roads in the Newport North Villas Development.
The provisions of the Cal. Veh. r'''6f ^0;; Vehicle Code shall apply to the following private streets in the Newport North Villas residential development in the City of "'ewpeFt Q^^Gh:
12.66.088 Application of Vehicle Code to Private Roads in the Villa Balboa Development.
The provisions of the Cal. Veh. Gakfe—rnia Vehicle Code shall apply to the following private streets in the Villa Balboa Development in the City of Newport Reach:
12.66.090 Application of Vehicle Code to Private Roads in the Harbor Cove Development.
The provisions of the Cal. Veh. Calif^"'i^ Vehicle Code shall apply to the following private streets in the Harbor Cove Development:
12.66.092 Application of Vehicle Code to Private Roads in the Baypointe Apartments Development.
The provisions of the Cal. Veh. C-,',f^.-R;P "^hi^'^ Code shall apply to the following private streets in the Baypointe Apartments Development in the City ^f Newpert Reach:
12.66.094 Application of Vehicle Code to Private Roads in the Jasmine Park Development.
The provisions of the Cal. Veh.ra'if^r^ia "^ Code shall apply to the following private streets in the Jasmine Park Development in the City ^f Newpert BeaGh:
12.66.096 Application of Vehicle Code to Private Roads in the One Ford Road Development.
The provisions of the Cal. Veh. C-alifewnia "^hie'^ Code shall apply to the following private streets in the One Ford Road Development in the City of Newport Beach:
12.66.098 Application of Vehicle Code to Private Roads in the Newport Ridge North Community.
The provisions of the Cal. Veh. Galife-FRia Veh'^'^ Code shall apply to the following private streets in the Newport Ridge North residential development in the City of NewpaFt Reaeh:
SS2-298
Chapter 12.68
RESIDENT' PREFERENTIAL PARKING
12.68.040 Preferential Parking Privileges —Issuance of Permits.
C. Duration of Permits. Permits issued pursuant to this section shall remain effective for one year, commencing January 1st and ending December 31st, or fraction thereof, or until the preferential parking zone for which such permit was issued iwas eliminated, whichever peFied of tin4 ep riod is less.
SS2-299
Chapter 13.01
STREET CONSTRUCTION PERMITS
Sections:
13.01.010 Findings and Purpose.
13.01.020 Permit Required.
13.01.030 Application.
13.01.040 Fees.
13.01.050 Standards for Issuance of Permit.
13.01.060 Conditions and Fair Share Fees.
13.01.070 Bonds and Insurance.
13.01.080 Appeal or Call for Review.
13.01.090 Datum Plane.
13.01.100 Duty of Property Owners to Repair and Maintain.
13.01.040 Fees.
An application for permit shall be accompanied by a fee of seventy five dellaFs ($'5QG as set forth in a resolution adopted by the City Council. In addition to the application fee, the Public Works Director may charge a fee for all inspection, plan checking and engineering services performed in conjunction with the application.
0 nspeetiGR Shall She
13.01.070 Bonds and Insurance.
The following bonds shall be posted by the applicant prior to performing any work under a permit issued pursuant to this chapter:
A. A labor and materials bond in an amount and form substantially identical to that which would be required of persons performing public works under contract to the City of Newport Reach; and B. A performance bond in an amount and form substantially identical to that which would be required of persons performing public works under contract to the City of NewpeFt Reach; and C. Publ;^ liabil;t., apd_ . e_rkers' ^ em -nensati n °Insurance. which tvpes and amounts *n an arneunt and shall be determined by the Risk Manager; and
SS2-300
D. Such other bonds, policies of insurance or guarantees, as maybe determined necessary or appropriate by the Public Works Director and Risk Manager, to ensure that City is fully protected from any loss, liability, claim or damage that may arise out of, or any way relate to, the performance of work pursuant to the permit.
13.01.080 Appeal or Call for Review.
Any applicant aggrieved by a decision of the Public Works Director shall have the right to appeal the decision to the City Council by filing written notice of appeal. The appeal must be filed with the City Clerk within ten (10) days from the date on which notice of the decision is deposited in the U.S. mail, postage prepaid and addressed to the parties as provided on the application for permit. A member of the City Council, in their official capacity, may call for review any decision of the Public Works Director under this chapter by filing written notice with the City Clerk within ten (10) days from the date on which notice of the decision is served in the manner provided in Section 1.08.080deposited OR the U.S. mail postage pFepa
A call for review shall be
for the purpose of bringing the matter in front of the entire body for review. The City Council shall, within thirty (30) days from the date on which an appeal is received or a call for review is filed, schedule a hearing on the appeal or call for review within a reasonable period of time. The City Council may preside over the hearing on appeal, or may designate a hearing officer to take evidence and submit a proposed decision, together with findings, to the City Council within fifteen (15) days from the date of the hearing. The City Council shall hear all decisions called for review. The City Council shall render its decision within thirty (30) days from the date of the hearing, and the decision of the City Council shall be final as to the City but subiect to iudicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
13.01.090 Datum Plane.
The North American Vertical Datum of 1988 (NAVD 884-he Sea IPvIzI d;It..rA Af I W9 as established by the- IRite d States, Coast andd G-,,,,,d +;,. S,,,-ve f, is hereby established as the official datum plane of the City for the purpose of determining the grades and elevations of streets and sewers and for any other public works within the City, and for measuring all other grades, elevations, or surface points in the City, except that harbor work, dredging, and harbor structures may be referenced to mean lower low water, as established by the United States Coast and Geodetic Survey in and around Newport Harbor.
13.01.100 Duty of Property Owners to Repair and Maintain.
When any portion of any sidewalk constructed in the City shall be out of repair, and in a condition to endanger persons or property passing thereon, or in a condition to interfere with the public convenience in the use thereof, or when any condition shall exist on any sidewalk as is defined in g^^t4^^ «nn of the Cal. Sts.reet and & Highwa HV. Code of Section 5600t"^ S+a*^ ^f Ql;feMia, then no owner or person liable shall neglect or refuse to make repairs when required to do so in the manner and as provided for in Section 56 n 5618 Af the Qlif. nin Streets and High .,ay Cal. Sts. & Hy. Code Sections 5610-5618.
SS2-301
Chapter 13.06
CURB CUTS AND OTHER ALTERATIONS TO PUBLIC STREETS
13.06.070 Right of Appeal and Call for Review.
Any person who objects to or disagrees with any decision of the Public Works Director which is made pursuant to this chapter shall have the right to appeal to the City Council by filing written notice of appeal with the City Clerk within thirty (30) days after reseiviPgthe notice of the decision of the Public Works Director is served in the manner provided in Section 1.08.080. A member of the City Council, in their official capacity, may call for review any decision of the Public Works Director which is made pursuant to this chapter by filing written notice of appeal with the City Clerk within thirty (30) days after the decision of the Public Works Director. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. Upon receiving such a notice of appeal or call for review, the City Clerk shall set the appeal or call for review for hearing by the City Council at a meeting not more than thirty (30) days thereafter, and shall advise the appellant, if any, of the date, time and place on which the appeal or call for review will be heard at least ten (10) days prior to such date. On the date of the hearing, the City Council shall proceed to hear and pass upon the appeal or call for review, and its decision thereon shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5a-R4 ^^e. The City Clerk shall notify the property owner by of the decision of the City Council in the manner provided in Section 1.08.080.
SS2-302
Chapter 13.07
REPLACEMENT OF CURB CUTS AND DRIVEWAY APPROACHES
13.07.010 Establishment of Nuisance Abatement Procedure.
Any portion of a curb cut or driveway approach on any public street which is no longer needed or used for reasonable vehicular access to the property served is hereby declared a nuisance which may be abated pursuant to the procedure established by this chapter which is adopted under the authority contained in Seetien 200 Af the City Charter Section 200 and S^eti^^ 3877R q Af thin Galifernia Cal. Gov.emmenc Code Section 38773.5.
SS2-303
Chapter 13.08
PLANTING
Sections:
13.08.010 Jurisdiction and Authority.
13.08.020 Official Tree List.
13.08.030 Removal or Relocation of Plants by City.
13.08.040 Tampering with Planting Prohibited.
13.08.050 Prohibited Activities.
13.08.060 Owners of Premises Required to Trim Branches and Maintain Adjacent Parkway.
13.08.010 Jurisdiction and Authority.
Subject to the administrative control established by the City Charter, any applicable City Council policy, and the provisions of this chapter, the Public Works Department shall exercise jurisdiction and control over the planting, maintenance, and removal of trees, shrubs, and plants in all public areas underthe control of the City, and shall have the authority and duties prescribed in this chapter.
13.08.020 Official Tree List.
The City Council shall adopt an official tree list which shall set out the names of the streets in the City and the species of tree or trees that may be planted on each such street or portion thereof. The list shall be adopted by resolution and provided to the public by the Public Works Department upon request.#hree cepies thereef Shall be kept en file mn the effice A-f the City Clerk fer 6RSpectien by the publie, and cepies
13.08.050 Prohibited Activities.
D. Attaching Electrical Apparatus. No person shall attach any electric wires or any device for holding electric wires to any tree, plant or shrub growing in any public street right-of-way or other public property under the control of the City without approval of the City Council. No person shall, without written permission from the Municipal Opera''^^Deputy Public Works Director— Municipal Operations, trim, cut or break any part of such tree, shrub, or plant in order to make passage for electric wires.
13.08.060 Owners of Premises Required to Trim Branches and Maintain Adjacent Parkway.
The occupant in charge or, if there is no such occupant, the owner of every lot or parcel of land shall:
A. Maintain the area between their Drooerty line and the curb of the street includine. but not limited to. all landscaping, plants and grass in the parkway; and
SS2-304
B. Ttrim the branches of any tree, shrub, or plant on his property, and shall all shrubs and plants in the area between their property line and curb of the street , so that same shall not encroach upon the sidewalk or street in such manner as to impede or interfere with traffic thereon or obstruct the passage of light from any streetlight to the street or sidewalk.
The City shall trim and prune all trees located in the public street right-of-way.
SS2-305
Chapter 13.09
PARKWAY TREES
13.09.010 Parkway Trees Required.
Any person who constructs a new building, who causes a building to be moved onto vacant land, or who causes an increase in the original floor area of an existing main building by more than fifty (50) percent of its original size, shall be responsible for planting trees in the parkway abutting the building site in accordance with City rules, regulations and policies. The parkway tree shall be at least a thirty-six inch (36") box of the type, variety and/or species determined by the City in accordance with the City Street Tree Designation List. Automated irrigation shall be established for the newly planted tree from the property under construction. If the City determines that because of the location, terrain or condition of the property that required tree planting is impractical at the abutting parkway, the City shall plant the thirty-six inch (36") box tree at a location designated by the City.
SS2-306
Chapter 13.18
USE OF PUBLIC SIDEWALKS FOR OUTDOOR DINING
13.18.010 Applicability.
Notwithstanding any other provisions of this Csode, it is unlawful for any restaurant business to place furniture or equipment on a public sidewalk for outdoor dining without first obtaining a valid sidewalk cafe license encroachment permit which shall provide for indemnification of the City and the maintenance of liability and other insurance coverage as determined by the Risk Manager, and which shall conform to City Council P-policy regarding sidewalk cafe standards and procedures.
SS2-307
Chapter 13.20
PUBLIC RIGHTS -OF -WAY
Sections:
13.20.010 Purpose —Authority.
13.20.020 Definitions.
13.20.030 City Policies Regarding Use of the PROW.
13.20.040 PROW Permit —Applicability.
13.20.050 Exemption.
13.20.060 PROW Permit Application.
13.20.070 Issuance of a PROW Permit.
13.20.080 Construction Plan.
13.20.090 Conditions of Use of PROW.
13.20.100 Excavations.
13.20.110 Post -Excavation Repair and Maintenance.
13.20.120 Coordination of Excavation.
13.20.130 Financial Security and Fees.
13.20.140 Duty to Remove Facilities from PROW and Public Property.
13.20.150 Construction and Maintenance.
13.20.160 Construction Default.
13.20.170 City Vacation or Abandonment.
13.20.180 Facilities Agreements.
13.20.190 System Location Data.
13.20.200 Indemnity.
13.20.210 '"abilityInsurance.
13.20.220 Failure of the City to Enforce this Chapter.
13.20.230 Company or its Assignees Subject to Present and Future Ordinances and/or Resolutions.
13.20.240 Notices.
13.20.250 Administration —Declaration of Powers and Authority.
SS2-308
13.20.260 Revocation and Termination.
13.20.270 Appeals from Action of the Director.
13.20.275 Possessory Interest.
13.20.280 City's Obligation.
13.20.290 Opportunity to Cure and Correct.
13.20.020 Definitions.
"Gity" means the City ef Newpek Beach-.
"Director" means the Director of the City's Department of Public Works ^.r his ^ir heir designee -husineSS .-.tit.. asseematien, eF any etheF legal enti+.. „ " er " "
M..P_aRs aRY street, read, highway, alleY�, lane, GE)UPt, bE)WIeVaFd, or 9theF similaF PUbIiG waVL, including Felated far-AlitieS sueh As medians, pad(ways, sidewalks, tFaffie signals and sig
13.20.040 PROW Permit —Applicability.
In addition to any agreement, license, permit or franchise required by this chapter or any other chapter of this Cc -ode, and in addition to any other permit or entitlement required by local, state or federal law, company shall obtain a PROW Permit prior to performing any work in the PROW and shall pay all fees required by this chapter.
13.20.070 Issuance of a PROW Permit.
B. 6 Compliance with the requirements of this chapter, thise Cc -ode and other federal, Sstate and local requirements.
F. Duration and Validity. Permits shall be void if the work has not begun within ninety (90)ca,edardays of the start date specified in the permit, if the excavation is not prosecuted diligently to its conclusion, or if the excavation, including restoration, has not been completed within the specified duration; provided, however, that the Director may, upon good cause, issue extensions to the start date, the duration of excavation, or both upon request from company.
13.20.100 Excavations.
B 2. At least ten 10 ^days prior to commencement of the excavation, company shall provide written notice delivered by United States mail to each property owner on the street affected by the excavation and each affected neighborhood and merchant organization that is listed in the latest Assessor's Roll for names and addresses of property owners shall be used for the mailed notice. This notice shall include the same information that is required for the posted notice pursuant to this subsection (13)(1) and the name, address and twenty-four (24) hour telephone number of a person who will be available to SS2-309
provide information to and receive complaints from any member of the public concerning the excavation, or
3. At least ten 10 e days prior to commencement of the excavation, company also shall deliver a written notice to each dwelling unit on the block(s) affected by the excavation. This written notice shall include the same information that is required for the written notice pursuant to subsection (13)(2) of this section.
E. 4. Moratorium Streets. The Department may not issue any permit to excavate in any street that has been reconstructed or resurfaced by the Department or any other owner or person in the preceding five- year period. However, the Director may, in his or her discretion, grant a waiver of this subsection for good cause. Good cause shall include the fact that the need to excavate arose in spite of company's full compliance with the coordination of excavation provisions in Section 13.20.120. The Director is authorized to grant a waiver for an excavation that facilitates the deployment of new technology or new service as directed pursuant to official City policy. The Director shall issue his decision on a waiver within a reasonable period after receipt of a written request for a waiver. The Director may place additional conditions on a permit subject to a waiver. The Director's decision regarding a waiver shall be final subiect to review in accordance with Section 13.20.270.
F 3. Storage of Materials. Materials and equipment used for the excavation within seven Lj ealenda days may be stored at the site of the excavation, except that fill material, sand, aggregate, and asphalt - coated material may be stored at the site only if it is stored in covered, locked containers.
H 4. Incomplete Excavation —Completion by the City. In any case where an excavation is not completed or restored in the time and manner specified in the permit, this chapter, or the orders, regulations, and standard plans and specifications of the Department, the Director shall order company to complete the excavation as directed within twenty-four (24) hours. If company should fail, neglect, or refuse to comply with the order, the Director may complete or cause to be completed such excavation in such manner as the Director deems expedient and appropriate. The company shall compensate the City for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the City or other agencies, boards, commissions, departments of the City that were made necessary by such excavation. The cost of such work also may be deducted from company's security fund pursuant to Section 13.20.130. The Director's determination as to the cost of any work done or repairs made shall be subject to review in accordance with Section 13.20.2704+na4.
13.20.110 Post -Excavation Repair and Maintenance.
C 1. In the event that any person(s) fails, neglects, or refuses to repair or restore any condition pursuant to the Director's notice, the Director may repair or restore, or cause to be repaired or restored, such condition in such manner as the Director deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the Department for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the City that were made necessary by reason of the repair or restoration undertaken by the Department. The cost of such work also may be deducted from company's security fund. The Director's determination as to the cost of the repair or restoration performed shall be subiect to review in accordance with Section 13.20.270-.4n-a4.
SS2-310
D 2. If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action to remedy the condition as specified in the communication, the Director may remedy the condition or cause the condition to be remedied in such manner as the Director deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the Department for any reasonable costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the Department or other agencies, boards, commissions, departments of the City that were made necessary by reason of the emergency remediation undertaken by the Department. The cost of such work also may be deducted from company's security fund pursuant to Section 13.20.130. The Director's determination as to the cost of any remediation performed shall be 4pa4subject to review in accordance with Section 13.20.270.
13.20.120 Coordination of Excavation.
B 2. Except when waived by the Director, at least one hundred eighty (180) caleAdar prior to undertaking the resurfacing and reconstruction of any street, the Department shall send a notice of the proposed repaving and reconstruction to each company.
13.20.150 Construction and Maintenance.
C. Company shall place all above -ground active and passive equipment in flush mounted or low profile waterproof pedestals whose design, size, location, color within manufacturer's specifications, appearance, and placement have been previously approved by the Director in writing and shall be in conformity with thiseeCode and all applicable City ordinances, regulations, rules, and guidelines.
13.20.210 ''Insurance.
A. Except as provided in or as supplemented by any franchise agreement, license or permit, company shall secure and maintain, at all times, public Iiabilit�L, prape y damage insurance, which types and amounts shall be determined by the Risk Manager.
SS2-311
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MIMI.-
13.20.270 Appeals from Action of the Director.
If company is aggrieved by any decision of the Director under this chapter, company may appeal the decision to the City Manager by filing with the City Clerk a statement addressed to the City Manager setting forth the facts and circumstances regarding the Director's decision and the basis for the appeal.
The appeal shall be accompanied by a fee as established by resolution of the City Council. The City Manager, not less than ten 10 days from the date on which the appeal was filed with the City Clerk, shall hear the appeal and all relevant evidence, and shall determine the merits of the appeal. The City Clerk shall provide written notification of the time and place set for hearing the appeal. The City Manager may sustain, overrule or modify the action of the Director, and decision of the City Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
The right to appeal to the City Manager shall terminate upon the expiration of ten 10 days following personal delivery to company or the deposit of a letter in the United States mail advising company of the action of the Director and of the right to appeal such action to the City Manager.
13.20.275 Possessory Interest.
By accepting any PROW Permit granted pursuant to this chapter, company acknowledges that notice is and was hereby given to company pursuant to Cal.i#eFRia Rev.epue &a44d Taxation Tax. Code Section 107.6 that the use or occupancy of any public property may cause certain taxes to be levied upon such interest. Company shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against its right to possession, occupancy or use of any PROW or public property pursuant to any right of possession, occupancy or use created by any PROW Permit.
SS2-312
Chapter 14.04
UTILITIES DEPARTMENT —GENERAL REGULATIONS*
Sections:
14.04.040
Interference with Employees Prohibited.
14.04.050
Tampering with Pipes —Altering Water Flow.
14.04.060
Disclaimer of Liability.
14.04.070
Maintenance and Use of Fire Hydrants.
14.04.080
Permit to Use Fire Hydrants.
14.04.090
Cancellation of Fire Hydrant Use Permit.
14.04.100
Obstructing Fire Hydrants.
14.04.110
Water Shut -Off for Repairs or Extension.
14.04.120
Right of Inspection.
14.04.130
Enforcement —Report of Violations.
14.04.140
Sale of Water Outside City.
14.04.150
Contractual Agreement to Supply Water Outside City.
14.04.160
Sale of Excess Water Outside City.
14.04.170
Sale to Serve Area of Acquired Agency.
14.04.180
Conditions of Service.
14.04.190
14 nn 010
City Relieved of Liability.
Utilities ies Department C,;tahI6rhPd
SS2-313
Utilities Manager
14.04.040 Interference with Employees Prohibited.
No person shall interfere with or obstruct the o„hl;,. WArkr DiFee+ r ^ any of his ^r heF duly appoi^+^ � agents ^ employees, Municipal the unicipal OpeFatiensUtilities Director or any of "iS ^-P her P''4ythe Utility Director's appointed agents or employees, in the execution of any lawful order or the provisions of this chapter in the maintenance and operation of the Utilities Department.
14.04.050 Tampering with Pipes —Altering Water Flow.
No person, other than the "*i'iti^S, ""an Utilities Director, or the Utilities Director's4is duly appointed agents or employees, shall remove, change, disturb, or in any way tamper or interfere with any of the facilities, apparatus, appliances, or property used or maintained for the production, storage or supply of water by the City to consumers thereof, or without prior permission of the Mapag^Utilities Director, turn the water on or off from the premises or place.
14.04.070 Maintenance and Use of Fire Hydrants.
Public fire hydrants shall be placed, maintained and repaired by the Utilities Department. Any damage thereto by persons or agency other than representatives of the Fire Department or Utilities Department shall be a claim against the person or agency committing such damage, and the "*i'a'i^rs nnanagerUtilities Director shall take such action as may be necessary to collect the same.
Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the Utilities Department and Fire Department for such persons as may be authorized to do so by the Chief of the Fire Department, or the Utilities Manage-rUtilities Director ^f+"^ ",;';ties Department as herein provided.
14.04.080 Permit to Use Fire Hydrants.
All persons desiring to use water through fire hydrants, or other hydrants owned or controlled by the City, shall be required to obtain a permit, first, from the Chief of the Fire Department and second from the 11+il;fi^S nn,Rage~Utilities Director ^f the "tilities Dee -tmeRt who shall issue no such permit to any person who has violated any of the provisions of this chapter or whose indebtedness to the City for water used or damage to hydrants or equipment is delinquent. All such persons having a permit for use of water from the fire hydrants must provide hydrant wrenches for the operation of such fire hydrants.
14.04.090 Cancellation of Fire Hydrant Use Permit.
Permit for the use of water through the fire hydrants of the City may be canceled at the will of the des ManageFUtilities Director on evidence that the holder thereof is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced.
SS2-314
14.04.130 Enforcement —Report of Violations.
It shall be the duty of the employees of the City to give vigilant aid to the Utilities Manage+Utilities Director in the enforcement of the provisions of this chapter, and to this end they shall report all violations which come to their knowledge, to the Utilities Department; and it shall be the duty of the Chief of the Fire and Marine Department to report immediately to the Utilities ""an Utilities Director in case of fire in premises having metered service for fire protection purposes that fire has occurred there.
14.04.150 Contractual Agreement to Supply Water Outside City.
Subject to all restrictions on the City's power to do so, water may be sold by the City for use outside the City within the boundaries of ^'*"^P Cea-Aa' MURiGipal ` ateF DistFiethe Municipal Water District of Orange Count , to persons or public agencies, or the assigns of either, who own contractual rights or interests in any City transmission main or mains or to whom the City has an obligation, pursuant to any contract heretofore or hereafter approved by the voters of the City, to supply water for such use. Except when the provision of contracts heretofore made require otherwise, such sales shall be made and subject to the same rules and regulations as sales of water are made to inhabitants of the City. A written contract authorized by the City Council setting out the terms and conditions of the sale and any special circumstances applicable thereto shall be required with each such person or agency who desires to purchase water for use outside the City.
14.04.160 Sale of Excess Water Outside City.
Subject to all restrictions on the City's power to do so, the City may sell water, to the extent it has a supply in excess of that required to adequately serve the inhabitants of the City and the persons and agencies described in Section 14.04.150, to other persons or agencies for use outside the City within the boundaries of either the C aStai IVIUnieip ,l V.Iate.r DistFiGt 9F the Municipal Water District of Orange County, but only so long as the excess supply continues. The City may sell on a month -to -month basis or may require a contract with each purchaser where the City determines it to be in the best interests of the City to do so. Such sales shall be subject to the same rules and regulations as for water used inside the City.
The City is under no obligation to continue any such service, and no purchaser receiving such service shall acquire any right to have the service continued.
14.04.170 Sale to Serve Area of Acquired Agency.
Water may be sold by the City for use outside the City within the boundaries of eith&r the G-^as*a' Municipal Water DiStFiGt ^r the Municipal Water District of Orange County,�,_and within the service area of any water distributing agency, the assets of which have been acquired by the City from such agency.
Such sales shall be subject to the same rules and regulations as for water sold within the City.
SS2-315
Chapter 14.08
WATER CONNECTIONS*
14.08.010 Water Connection Authority.
No person is, or shall be authorized to, install any pipe, apparatus, appliance or connection w4kot4e "*'' ^5; ^^^aF*m^^+ the City's utilities system, except the ""^^^^^Utilities Director or 4i-s-the Utilities Director's duly appointed agents or employees.
14.08.030 Connection Method.
Upon presentation at the office of the Utilities Department of the receipt for installation of fees and execution of the agreement hereinbefore provided for, the ""^^^^^Utilities Director shall cause the premises described in the application, if the same abut upon the street or alley upon which there is a City water main, to be connected with the City's water main by a service pipe extending from the main to the curb line on the front of the property or to the side or rear, and including a stop -cock placed, which service pipe and stop -cock shall thereafter be maintained by and kept within the exclusive control of the City. In cases of application for water service on premises not abutting upon a street or alley upon which there is a City water main, the City will lay its service pipe from the main toward the premises for a distance not to exceed one hundred (100) feet, and permit connection by means of a union and pipes laid at the expense of and maintained by the owner of the service, or may in the discretion of the Utilities MaRage+qti[rities Director, upon the payment of the actual costs thereof, extend the service to the premises of the applicant along and beneath any public street of the City, but not otherwise. No service connection less than one inch in size shall be installed.
14.08.050 Flow Protection Devices Required.
An approved double-checked valve or other�_backflow protection devices approved in accordance with Chapter 14.10 shall be installed in all existing water systems of all consumers, at the expense of the consumer, before service will be continued or granted when any one of the following conditions apply:
A. Where an unapproved fresh water supply is already available from a well, spring, reservoir or other source, the installation of backflow protective devices may not be required. If the consumer agrees to abandon this other supply and agrees to remove all pumps and piping necessary for the utilization of this supply, service may be granted.
B. Where saltwater, or water otherwise nonpotable, is available for industrial or fire protection purposes, or where fresh water hydrants are or may be installed on docks.
C. Where the premises are or may be engaged in industrial processes using or producing process waters or liquid industrial wastes, or where the premises are or may be engaged in handling sewage or any other dangerous substance.
D. Where the circumstances are such that there is special danger of backflow of sewage or other contaminated liquids through plumbing fixtures or water -using or treating equipment, or storage tanks and reservoirs.
SS2-316
E. Where an approved water supply line terminates as a pier head outlet which is used to supply vessels at piers or waterfronts. These installations shall be located where they will prevent the return of any water from a vessel or any other source into the City water supply system.
F. Where the premises are used for a trailer park.
SS2-317
Chapter 14.10
CROSS -CONNECTION CONTROL PROGRAM
Sections:
14.10.005 Purpose.
14.10.010 Definitions.
14.10.015 Cross -Connection Protection Requirements.
14.10.020 Backflow Prevention Devices.
14.10.025 User Supervisor.
14.10.030 Administrative Procedures.
14.10.035 Water Service Termination.
14.10.040 Requirements for the Certification as a Backflow Prevention Device Tester.
14.10.045 Violations.
14.10�OW c,,.,,.Fability.
14.10.005 Purpose.
The purpose of this chapter is (1) to protect the public water supply against actual or potential cross - connection by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross -connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross -connections between drinking water systems and sources of contamination; (4) to prevent the making of future cross -connections in the future; (5) these regulations are adopted pursuant to the State A-f Ealofernia d-MinistFative C-e;�17 Title 17, public "^a'*", CCR C-Adp Rpous-Sections 7583 throueh 7605a^*i*'ed "Q^^, dAtin^,; Qoi-,+;^,. + r „«_r.,^^oc+;,,^s
14.10.010 Definitions
Air -Gap Separation (referred to as AG). The term "air -gap separation" or "AG"j means a physical break between a supply pipe and a receiving vessel. The air -gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch.
14.10.015 Cross -Connection Protection Requirements.
A. Where Protection is Required.
1. Each service connection from the City water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the SS2-318
public water system unless the auxiliary water supply is accepted as an additional source by the City, and is approved by the public health agency.
2. Each service connection from the City water system on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the City water system which have been subjected to deterioration in sanitary quality.
3. Backflow prevention devices shall be installed on the service connection to any premises having (a) internal cross -connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health department and the City, or (b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross - connections exist.
B2 Two or more services supplying water from different street mains to the same building, structure or premises through which an interstreet main flow may occur, shall have -at least a S+a.nda.d ^"^e'- metPr,;. S,wh c-.rec'- w"'v^ ;""" ^^+ he r-An i eFed adequate +backflow protection is -deemed necessary to protect the City's mains from pollution or contamination; in such cases the installation of approved backflow devices at such service connections shall be required.
14.10.020 Backflow Prevention Devices.
B 1. Backflow prevention devices shall be installed in a manner prescribed in S^^* E)R 76Q2 TiI4e 17 CCR Section 7603ef the r^life-'^i- Administrative G-e-de. Location of the devices should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of a backflow prevention device.
a. Air -Gap Separation (AG). The air -gap separation shall be located on the user's side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air -gap separation. The water inlet piping shall terminate a distance of at least two pipe diameters of the supply inlet, but in no case less than one inch above the overflow rim of the receiving tank.
b. Reduced Pressure Principle Backflow Prevention Device (RP). The approved reduced pressure principle backflow prevention device shall be installed on the user's side of and as close to the service connection as is practical. The device shall be installed a minimum of twelve (12) inches above grade and not more than thirty-six (36) inches above grade measured from the bottom of the device and with a minimum of twelve (12) inches side clearance. The device shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP device shall be protected in a manner approved by the city. c. Double Check Valve Assembly (DC). The approved double check valve assembly shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If -a deub'^ cheek valve SS2-319
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14.10.040 Requirements for the Certification as a Backflow Prevention Device Tester.
Each applicant for certification as a tester of backflow prevention devices shall file an application with the I Itil;t;^S M RagerUtilities Director of the City of "*.port B The certification shall be granted if the applicant satisfies the following minimum requirements:
-BA. Hold a valid certification from the American Water Works Association (AWWA), California -Nevada Section, from a County certification program, or have equivalent training in the opinion of the City and the Health Department.
BQ Each applicant for certification as a tester of backflow prevention devices shall furnish evidence to show that he has available the necessary tools and equipment to properly test such devices. He shall be responsible for the competency and accuracy of all tests and reports prepared by him.
Cs. Competency in all phases of backflow prevention device testing and repair must be demonstrated by means of education and/or experience.
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SUbdi seRteRces, clauses, er phrases
SS2-320
Chapter 14.12
WATER RATES AND CHARGES*
14.12.090 Delinquent Water Service Discontinuance and Fees.
A 4. In situations other than as set forth in subsection (A)(5) of this section, for nonpayment of a bill for services previously rendered to the customer at any location served by the City provided such bill has been delinquent for at least sixty (60) calendar days and is not paid within seven (7) business days after mailing of a delinquent notice.
5. For failure to abide by the terms of an alternative payment arrangement entered into between the City and the customer, as provided in subsections (C)(3) or (4) of this section, by failing to do any of the following for sixty (60) ealendaF days or more:
F. The City Manager shall create and promulgate a written policy, to be available on the City's website, regarding the discontinuation of residential water services for nonpayment. Such policies shall be in conformance with the requirements of California Cal. Health &ate Safety Code Sections 116900 et seq..,, statutes.
14.12.095 Customer Requests.
Except for the discontinuation of water service for failure to abide by the terms of an alternative payment arrangement, as provided in Section 14.12.090(A)(5), any residential customer who has initiated a complaint or requested an investigation up to the calendar day prior to scheduled date of service discontinuation, as stated in the delinquent notice required by Section 14.12.110, or who has, before discontinuance of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment, shall be given an opportunity for review of the complaint, investigation, or request by the City. The review shall include consideration of whether the customer shall be permitted to defer payment on the bill for thirty (30) calepelar or participate in an alternative payment arrangement where the unpaid balance of the delinquent account is paid back monthly, over a period not to exceed twelve (12) months.
Any customer whose complaint or request for an investigation has resulted in an adverse determination by the City's Revenue Division may appeal the determination to the Finance Director ^.r "m-r ^.r her designee
14.12.100 Due Date.
All customers whose premises are connected to the municipal water system shall be billed on a regularly scheduled basis and all charges shall be received by the due date indicated on the municipal services statement, of which said due date shall be no less than nineteen (19) calendar days after the date of mailing.
14.12.110 Delinquent Notice.
B 6. The procedure to request a deferment of the payment for thirty (30)ca;Rdardays, or a payment plan.
SS2-321
14.12.125 Delinquent Water Service Restoration.
A 3. For a residential customer who demonstrates that their household income is below two hundred (200) percent of the federal poverty line, such restoration charge shall not exceed the lesser of fifty dollars ($50.00) or the cost of services during regular work hours; or exceed the lesser of one hundred fifty dollars ($150.00) or the cost of services during non -regular work hours. aegiRRO rg jaRuaFy 1, 2521, Effective January 1, of each year, such charges shall automatically adjust annually to reflect changes in the Consumer Price Index for the preceding twelve months, rounded down to the nearest dollar e#es J a�1.
Anah i GalifeMia.
14.12.150 Third -Party Notification.
The City shall make available to its residential customers who are dependent adults as defined On paragFaph (1) Of bdiVOSO R (b) of SeGti9R 15610 Af rho, Cal. Welf.afe &aR4 Inst.i,G,S Code Section 15610 (b)(1)-, a third -party notification service, whereby the City will attempt to notify a person designated by the customer to receive notification when the customer's account is past due and subject to discontinuation.
The notification shall include information on what is required to prevent discontinuance of service. The residential customer shall make a request for third -party notification on a form provided by the City, and shall include the written consent of the designated third party. The third -party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay discontinuance of service.
14.12.160 Landlord and Tenant.
Whenever the City furnishes either individual metered or master metered water service to residential occupants in a single-family dwelling, multi -unit residential structure or mobile home park, where the owner, manager or operator is listed as the customer of record, the City shall make a good faith effort to inform the residential occupants, by means of a written notice, when the account is in arrears, that service will be terminated at least fifteen (15) E days prior to such discontinuance. Such notice shall further inform the residential occupants that they have the right to become customers to whom service will then be billed, without being required to pay any amount which may be due on the delinquent account.
SS2-322
Chapter 14.16
WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM
14.16.010 Findings and Purpose.
C 6. �,1°�Ra-Cal. WaterWat. Code Section 375 authorizes a water supplier to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies.
14.16.020 Definitions.
"Director" shall mean the Director of the City of Newport Beach's Utilities Department er his ^P her designee.
14.16.040 Permanent Mandatory Water Conservation Requirements.
N. Use of Hydrants. No person shall use water from any fire hydrant for any purpose other than fire suppression or emergency aid without first obtaining a City hydrant meter account or written approval from the Director ^.r "iS ^.r "^.r designee Absent a meter account or Director approval, water theft and meter tampering fees shall be applied as appropriate.
14.16.130 Relief from Compliance.
F. Appeal of Final Decision. A customer may appeal the decision of the Director by submitting a written request within fifteen (15) days of the date of the Director's written decision. A written appeal request shall be submitted to the City Manager and include the reasons for the request and signature of the customer submitting the request. The City Manager may approve or disapprove the appeal within thirty (30) days from receipt of a request. The City Manager shall hear the appeal and the decision of the City Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1 nq4 5
14.16.050 Procedure for Declaration and Notification of Water Supply Shortage.
A. Upon the Director's determination of the existence of a water supply shortage based on the criteria and stages defined in the City's Water Shortage Contingency Plan, the City Council may declare a water supply shortage from Level One up to Level Six. In accordance with Gall ferns , `4a Cal. Wat. Code Sections 350 through 352, the City Council may also declare a Level Six catastrophic water supply shortage in response to a disaster or sudden event that has or threatens to significantly diminish the reliability or quality of the City's water supply.
14.16.140 Enforcement.
BQ Additional Enforcement Options. In addition to the fines and penalties provided for in Chapters 1.04 and 1.05, tThe City may impose the following requirements on a customer in the event of a continuing or willful violation:
1. Water Flow Restrictors. The City may install a water flow restrictor of approximately one gallon per minute for services up to one and one-half JMinches in size and comparatively sized SS2-323
restrictors for larger services. Prior to doing so, the City shall first provide a minimum of forty-eight (48) hours' notice of its intent to install a water flow restrictor. In the event that a customer refuses to permit the installation of a water flow restrictor following the City's election to do so, the City may terminate the customer's water service.
SS2-324
Chapter 14.17
WATER -EFFICIENT LANDSCAPING
14.17.010 Definitions.
N. "Licensed professional" means a licensed landscape architect, California licensed landscape contractor, civil engineer, architect, or any other person authorized to design or construct a landscape pursuant to
7027 5 of the Calif FRia Cal. Bus.iness &aft Prof.essia;s Code, Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5, S etie, 832.27 fTifle 16 CCR efth C-alif..r r^,,^ .,f Regul tiers Section 832.27, and _S^C*'A_.A ^f the Cal_ a Food &a-r4 Agrje, A, we Code Section 6721, 9F any sueeesseF statutes
R. "MWELO" means the Water Efficient Landscape Ordinance as set forth in 23 6aTEePe—ef °^rt TCCR Divisi^^' GhapteF'.7, Section 490 et seq.
SS2-325
Chapter 14.20
WATER METERS*
14.20.010 Property of City —Damaged or Lost Meters.
A. All meters, unless otherwise authorized by the "*i'i*i^5, Man ^^Utilities Director, shall be and remain the property of the City and will not be removed unless the use of water on the premises is to be entirely stopped, or the service connection discontinued or abandoned.
14.20.060 Meters Inside Premises.
When a water meter is placed inside the premises of a consumer, for the convenience of the consumer, provisions shall be made for a convenient meter reading and repairing by representatives of the City.
Failure to make such provisions by the consumer shall be sufficient cause for removal of such meter at the option of the Utilities Map Utilities Director and the withholding of service until connection is made at the curb -line as herein provided.
SS2-326
Chapter 14.24
SEWER CONNECTION, PERMITS*
Sections:
14.24.010 Definitions.
14.24.020 Dwelling Unit and Business Structure Sewer Connection Required.
14.24.030 Application for Sewer Connection.
14.24.040 Contents of Application.
14.24.050 Sewer Connection Fee.
14.24.060 Sewer Connection Requisite to Occupancy.
14.24.065 Sewer Use Charge.
14.24.070 Owner Indebted for Expense.
14.24.080 Sewer Connections in the Orange County Sanitation DistrictNO :7.
14.24.090 Permit Required for Connection Outside of City.
14.24.100 Permit Conditions for Connection Outside of City.
14.24.110 Consent Discretionary for Connection Outside of City.
14.24.020 Dwelling Unit and Business Structure Sewer Connection Required.
Every dwelling unit or business structure in the City shall be connected with the public sewer in the manner, at the place, under the supervision of and to the satisfaction of the Municipal Operations Utilities Director, if the dwelling unit or business structure is within two hundred (200) feet of the public sewer.
Each dwelling unit or business structure shall be individually connected to the City sewer system unless otherwise approved by the MURicipal OperatieRSUtilities Director. All sewer laterals shall be inspected by the Municipal Operations UtiIities Department either at the time of demolition or before final approval of the building permit or granting of occupancy for all projects involving demolition, construction, reconstruction and/or substantial remodeling of any dwelling unit or business structure. Each sewer lateral connection shall be replaced and/or constructed in accordance with the City's standards for such construction and shall have a clean -out assembly installed at the property line whenever one or more of the following apply:
E. Wherever sixj6) or more fixture units (per the Uniform Plumbing Code (UPC)) are added to an existing plumbing system; or