Newport Beach City Council
November 14, 2023

1. Emergency ambulance response and transportation services operated by the City'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. Gov.

Code Section 8558;

3. 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;

5. Emergency ambulance response and transportation services expressly requested by the City's 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."
Section 227: Section 5.14.030 (License Required), of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety and replaced with

5.14.030 (Nonemergency Ambulance Transportation Services), to read as set forth in the quotations below:
"5.14,030 Nonemergency Ambulance Transportation Services.

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 the ordinances, rules, and regulations of the County of Orange and any other licenses or permits as may be required.

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 Fire 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 24-127

Ordinance No. 2023-

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 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."
Section 228: Section 5.14.040 (Emergency Ambulance Transportation Service Providers) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.

Section 229: Section 5.14.050 (Emergency Ambulance Transportation Service Agreement Specifications) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.

Section 230: Section 5.14.060 (Agreements) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.

Section 231: Section 5.14.070 (Termination or Suspension of Agreement) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.

Section 232: Section 5.14.080 (Business License Required) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.

Section 233: Section 5.14.090 (Advanced Life Support Ambulance Transportation Service Providers) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.

Section 234: Section 5.14.100 (Nonemergency Ambulance Transportation Service Providers) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.

Section 235: Section 5.14.110 (Permit for Drivers and Attendants) of Chapter

5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.

Section 236: Section 5.14.120 (File Report with Police) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety. 24-128

Ordinance No. 2023-

Section 237: Section 5.14.130 (Public Liability Insurance) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.

Section 238:Section 5,14.140 (Violations) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.

Section 239: Section 5.15.020 (Definitions) of Chapter 5.15 (Regulation of Newport Beach Police Official Tow Services) of Title 5 of the Code is hereby amended to remove the following definitions:
"Finance Director" means the position appointed by the City Manager and has charge of the administration of the financial affairs of the City. "Revenue Division" means the Newport Beach City Revenue Division of the Finance Department.

Section 240: Section 5.15.080 (Service Agreements) of Chapter 5.15 (Regulation of Newport Beach Police Official Tow Services) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 Consumer Price Index for the preceding twelve (12) months.

The City may require and revise the fee schedule by mutual agreement at any time upon a finding that a rate adjustment is justified.

The term of all official police tow truck service agreements shall be five (5) years with an option to extend the term for one additional five (5) year period. Any official police tow truck operator whose service agreement with the City will expire or has expired may bid on subsequent notices inviting bids for official police tow truck services." Section 241: Subsections (E), (K), (P) and (R) of Section 5.15.110 (Standard Rules of Operation) of Chapter 5.15 (Regulation of Newport Beach Police Official Tow Services) of Title 5 of the Code are hereby amended to read as set forth below:
24-129

Ordinance No. 2023-

Subsection (E) of Section 5.15.110 shall read as set forth in the quotations below:
"E. Each towing company shall comply with the Cal. Veh. 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."
Subsection (K) of Section 5.15.110 shall read as set forth in the quotations below:

X. 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 the Police Department;

3. Number of these calls resulting in impounds;

4. Number of vehicles sold on lien sale under authority of the Civ. Code, and reporting such lien sales as per authority of the Cal. Veh. Code;

5. Number of vehicles sold under authority of Cal. Civ. Code Section 3073;

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." Subsection (P) of Section 5.15.110 shall read as set forth in the quotations below:
"P. When disposing of unclaimed vehicles, official police tow service operators shall abide by all Cal. Civ. Code sections pertaining thereto." Subsection (R) of Section 5.15.110 shall read as set forth in the quotations below:
"R. A towing company may charge a lien sale fee and may begin lien sale proceedings as provided in the Cal. Veh. and Civ. Codes."
Section 242: Section 5.15.140 (Grounds for Revocation) of Chapter 5.15 (Regulation of Newport Beach Police Official Tow Services) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
24-130

Ordinance No. 2023-

"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 contract or by this Code;

2. Breach of any rules, regulations, or conditions set forth in the contract or this Code;

3. Violation of any of the laws of the State of California or of the City with respect to the operation of the business by the contract holder, or repeated violations by operators, attendants, or vehicles covered by the contract;

4. Failure to maintain a satisfactory level of service to the police or public;

5. Failure to keep any vehicle used for official police tow services in a safe condition and in good repair;

6. Failure to use distinctive coloring, monogram, or insignia;

7. For any deviation from the schedule of rates set forth in the contract;

8. For any cause the City Council finds makes it contrary to the public interest, convenience, necessity, or general welfare for the contract to continue." Section 243: The Table of Contents for Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby renumbered and amended to read as follows:

Chapter 5.17

TAXICABS
Sections:

5.17.010 Purpose and Intent.

5.17.020 Definitions.

5.17.030 Authorization Required.
24-131

Ordinance No. 2023-

5.17.040 Taxicab Regulations.

5.17.070 Application for Permits and Fees.

5.17.080 Separate from Business Licensing.

5.17.090 Agency.

Section 244: Section 5.17.020 (Definitions) of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby amended to read as follows:

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. "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. "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 substantially located.
"Substantially located" means either of the following: the city or county where a taxicab business is primary located; 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 capable of carrying not more than eight (8) 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 taxicabs.
"Taxicab business permit" means a valid permit issued by the City authorizing a person to operate a taxicab business.
24-132

Ordinance No. 2023-

"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 City authorizing a particular vehicle to be operated as a taxicab.

Section 245: Section 5.17.030 (Authorization Required), formally 5.17.030 (City Authorization Required) of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby amended to read as follows:
"5.17.030 Authorization Required.

A. No person shall operate a taxicab or taxicab business in the City without a taxicab business permit, taxicab drivers permit, and taxicab vehicle permit.

B. Notwithstanding Subsection (A), a taxicab business and its driver may perform prearranged trips 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."
Section 246: Section 5.17.040 (Driver's Permit Required) of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety and replaced with Section 5.17.040 (Taxicab Regulations), to read as set forth in the quotations below:
"5.17.040 Taxicab 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 City's website and available to the public in the Office of the City Clerk.

B. No person shall operate a taxicab vehicle or taxicab business substantially located in the City unless in compliance with the administrative regulations adopted by the City Council pursuant to this section."
Section 247: Section 5.17.050 (Taxicab Vehicle Permit Required) of Chapter

5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.

Section 248: Section 5.17.060 (Taxicab Business Permit Required) of Chapter

5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety. 24-133

Ordinance No. 2023-

Section 249: Section 5.17.070 (Application for Permits and Fees) of Chapter

5.17 (Taxicabs) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.17.070 Application for Permits and Fees.

A. Application for a taxicab business permit, taxicab drivers permit, or taxicab vehicle permit shall be made to the City, upon forms provided by the City, and shall be accompanied by an application fee sufficient to cover the administrative costs of processing such application as established by resolution of the City Council.

B. Requirements for issuance and maintenance of a City taxicab business permit, taxicab drivers permit, and taxicab vehicle permit shall be set forth in the regulations established by the City Council."
Section 250: Section 5.17.080 (Testing for Controlled Substances and Alcohol) of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety and replaced with 5.17.080 (Separate from Business Licensing), to read as set forth in the quotations below:
"5.17.080 Separate from Business Licensing.

A. The requirements of this chapter are separate and independent from the business licensing and any other provisions under this Code.

B. A taxicab business that is not substantially located within the City shall not be required to obtain a City business license."
Section 251: Section 5.17.090 (insurance Required) of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety and replaced with Section 5.17.090 (Agency), to read as set forth in the quotations below:
"5.17.090 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 City." Section 252: Section 5.17.100 (Nontransferability) of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.
24-134

Ordinance No. 2023-

Section 253: Section 5.17.110 (Equipment) of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.

Section 254: Section 5.17.120 (Mechanical Condition) of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.

Section 256: Section 5.17.130 (Operational Requirements) of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.

Section 257: Section 5.17.140 (Rates and Charges) of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.

Section 258: Section 5.17.150 (Separate from Business Licensing), of Chapter

5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.

Section 259: Section 5.20.010 (Pawnbroker Defined) of Chapter 5.20 (Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the Code is hereby amended to read as follows:

5.20.010 Pawnbroker Defined.

The term "pawnbroker" shall have the same meaning as that term is defined in Cal. Fin.

Code Section 21000.

Section 260: Section 5.20.030 (Secondhand Dealer Defined) of Chapter 5.20 (Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the Code is hereby amended to read as follows:

5.20.030 Secondhand Dealer Defined.

The term "secondhand dealer' shall have the same meaning as that term is defined and limited in Cal. Bus. & Prof. Code Sections 21626 and 21626.5. Any person or entity exempt from being considered a "secondhand dealer" pursuant to Section 21625 et seq. of the Cal. Bus. & Prof. Code Section 21625 et seq. shall also be exempt from being considered a "secondhand dealer" by this chapter.

Section 261: Section 5.20.040 (Junk Dealer Defined) of Chapter 5.20 (Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the Code is hereby amended to read as follows:
24-135

Ordinance No. 2023-

5.20.040 Junk Dealer Defined.

The term "junk dealer" shall have the same meaning as that term is defined in Cal. Bus. & Prof. Code Section 21601.

Section 262: Subsections (C), (D), (F), (G) and (H) of Section 5.20.050 (Permits) of Chapter 5.20 (Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the Code are hereby amended to read as set forth below:

Subsections (C) and (D) of Section 5.20.050 shall read as set forth in the quotations below:
"C. investigation. The Chief of Police 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 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." Subsections (F), (G) and (h) of Section 5.20.050 shall read as set forth in the quotations below.
"F. Revocation or Refusal. A permit applied for hereunder may be refused by the Chief of Police if the Chief of Police 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 Police Department, was not displayed on the premises in plain view of the public; or 24-136

Ordinance No. 2023-

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 noio 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; 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. Such appeal shall be taken by filing with the City Manager within fourteen (14) days of the postmark date of the Chief of Polices 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 shall set a time and place for a hearing of such appeal and notice of such hearing shall be served in the manner provided in Section 1.08.080. The decision of the City Manager on such appeal shall be final as to the City but subject to judicial review pursuant to Cal.

Code Civ. Proc. Section 1094.5.

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 at least five (5) 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."
Section 263: Section 5.20.070 (Reporting of Transactions) of Chapter 5.20 (Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the Code is hereby amended to read as follows:
"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 24-137

Ordinance No. 2023-

which shall comply with the provisions of Cal. Bus. & Prof. Code Sections 21628, 21628.2, 21630, and 21631.

B. Confidentiality. The Chief of Police shall cause all reports received pursuant to the terms of subsection (A) of this section to be filed in a secure place, and the same shall be open to inspection only by members of the Police Department, upon order of a court of competent jurisdiction, or as otherwise required by law.

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. Bus. & Prof. Code Section 21606 on the form prescribed by the Department of Justice, including Form BCIA 127, "Record of Junk Sale or Purchase."
Section 264: Section 5,20.080 (Records Required to Be Kept) of Chapter 5.20 (Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
" 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 three (3) 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. Every junk dealer shall comply with the records preservation requirements of Cal. Bus. & Prof.

Code Section 21607."
Section 265: The Table of Contents for Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours, Entertainment, and/or Dance) of Title 5 of the Code is hereby amended to read as follows:
24-138

Ordinance No. 2023-

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.

Section 266:Section 5.25.010 (License Required) of Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours, Entertainment, and/or Dance) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.25.010 License Required.

No person shall operate, or engage in, any of the following, until that person has first obtained an operator license pursuant to this chapter:

A. A business or commercial enterprise defined as "bar, lounge, and nightclub" in Chapter 20.70 of this Code;
B. A business or commercial enterprise 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 Code, or
C. A 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 this Code, or "cafe dance" as defined at Chapter 5.32 of this Code." Section 267: Section 5.25.020 (Applicability to Existing Businesses and Enterprises) of Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours, Entertainment, 24-139

Ordinance No. 2023-

and/or Dance) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.25.020 Applicability to Existing Businesses and Enterprises.

The provisions of this chapter shall not operate to revoke any valid permit or other approval in effect as of February 24, 2011. 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 Code.

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 Code.

D. As required by an order of judgment in a civil or criminal case brought by the City.

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 Code." Section 268: Subsections (B) and (C)(2) of Section 5.25.050 (Issuance of License —Criteria and Findings) of Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours, Entertainment, and/or Dance) of Title 5 of the Code are hereby amended to read as set forth below:

Subsection (B) of Section 5.25.050 shall read as set forth in the quotations below:
"B. At least twenty-one (21) 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 24-140

Ordinance No. 2023-

to the decision of the Chief of Police will be accepted until the date of the decision indicated on the notice."
Subsection (C)(2) of Section 5.25.050 shall read as set forth in the quotations below:
"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),,,
Section 269: Section 5.25.060 (Notice of Determination) of Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours, Entertainment, and/or Dance) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 served in the manner provided in Section 1.08.080.

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 Clerk within fifteen (15) days of the service 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 Council 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 Council may take any of the following actions on the appeal:

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.
24-141

Ordinance No. 2023-

D. The action of the City 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.°
Section 270: Section 5.25.100 (Penalty) of Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours, Entertainment, and/or Dance) of Title 5 of the Code is hereby deleted in its entirety.

Section 271: The Table of Contents for Chapter 5.28 (Live Entertainment Establishments) of Title 5 of the Code is hereby amended to read as follows:

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.

5.28.100
Permits and Fees Not Exclusive.

5.28.110
Public Nuisance.

Section 272: Section 5.28.010 (Definitions) of Chapter 5.28 (Live Entertainment Establishments) of Title 5 of the Code is hereby amended remove the following definition:
"City Manager" means the City Manager for the City of Newport Beach or his or her designee.

Section 273: Subsection (D) of Section 5.28.060 (Revocation of Permit) of Chapter 5.28 (Live Entertainment Establishments) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
24-142

Ordinance No. 2023-

"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. Pen. Code Section 290, or any violation of Cal.

Pen. Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288.1 through 289, 311 through 311.10, inclusive, 314, 315, 316 or 647;"
Section 274: Subsections (B) and (D) of Section 5.28.070 (Appeals and Calls for Review) of Chapter 5.28 (Live Entertainment Establishments) of Title 5 of the Code are hereby amended to read as set forth below:

Subsection (B) of Section 5.28.070 shall read as set forth in the quotations below:
"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, of the notice advising the applicant of the action of the City Manager and of the applicant's right to appeal such action to the City Council." Subsection (D) of Section 5.28.070 shall read as set forth in the quotations below:
"D. The City Council 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. The City Council shall preside over a call for review hearing. The City Council shall render its decision within five (5) days from the date of the hearing or, in the event that a hearing officer has been appointed, within five (5) 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."
Section 275: Section 5.28.090 (Exceptions) of Chapter 5.28 (Live Entertainment Establishments) of Title 5 of the Code is hereby deleted in its entirety.

Section 276: The Table of Contents for Chapter 5.32 (Cafe Dances) of Title 5 of the Code is hereby amended to read as follows:
24-143

Ordinance No. 2023-

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.

5.32.090
Prohibited Dancing.

5.32.100
Exceptions.

5.32.110
Licenses and Fees Not Exclusive.

Section 277: Section 5.32.010 (Definitions) of Chapter 5.32 (Cafe Dances) of Title 5 of the Code is hereby amended to remove the following definition:

City Manager. The term "City Manager" shall mean the City Manager of the City of Newport Beach or his authorized representative.

Section 278: Section 5.32.070 (Appeals and Calls for Review) of Chapter 5.32 (Cafe Dances) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
°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 the 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 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 the decision of the City 24-144

Ordinance No. 2023-

Council 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 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 service, in the manner provided in Section

1.08.080, of the notice advising the applicant of the action of the City Manager and of the right to appeal such action to the City Council."
Section 279 Section 5.32.080 (Review by City Council) of Chapter 5.32 (Cafe Dances) of Title 5 of the Code is hereby deleted in its entirety.

Section 280: The Table of Contents for Chapter 5.36 (Hotel Registration) of Title 5 of the Code is hereby amended to read as follows:

Chapter 5.36

HOTEL REGISTRATION
Sections:

5.36.010 Registration Required.

5.36.020 Entry of Departure Time —Inspection.

5.36.040 False Registering Prohibited.

Section 281: Section 5.36.010 (Registration Required) of Chapter 5.36 (Hotel Registration) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.36.010 Registration Required.

Every person operating any bed and breakfast inn, hotel, motel, 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 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. Until all of the aforesaid entries shall be made, no guest or person shall be suffered or permitted to occupy any such room." Section 282: Section 5.36.020 (Entry of Departure Time —inspection) of Chapter

5.36 (Hotel Registration) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
24-145

Ordinance No. 2023-

"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. Modifications to the register shall not be made for any purpose. Such register shall be maintained or accessible in the office of the person renting such rooms. The register shall be maintained for a minimum of one (1) year.

Any police officer of the City may inspect the register, as long as such inspection complies with federal and State law."
Section 283: Section 5.36.030 (Size and Form of Register and Cards —Retention of Records) of Chapter 5.36 (Hotel Registration) of Title 5 of the Code is hereby deleted in its entirety.

Section 284: Section 5.36.040 (False Registering Prohibited) of Chapter 5.36 (Hotel Registration) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.36.040 False Registering Prohibited.

No person shall register at any bed and breakfast inn, hotel, motel, recreational vehicle park or other similar place in the City under the name of any other person or of a false or fictitious person or any name other than the true or correct name of such person so registering."
Section 285:The Table of Contents for Chapter 5.42 (Solicitation) of Title 5 of the Code is hereby amended to read as follows:

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.
24-146

Ordinance No. 2023-

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.

Section 286: Section 5.42.020 (Definitions) of Chapter 5.42 (Solicitation) of Title 5 of the Code is hereby amended to read as follows:

5.42.020 Definitions.

The words and terms used in this chapter shall be defined as follows:
"Applicant" means the person applying to the City Manager for a registration card. "Commercial solicitation" means solicitation related primarily to an economic transaction, such as the exchange of goods or services for a financial fee or cost. This definition shall automatically incorporate court rulings defining the terms "commercial speech" and "commercial solicitation." This definition shall also include solicitation by for -profit entities that solicit funds on behalf of nonprofit entities, when such for -profit entities are paid for solicitation on the nonprofit entity's behalf, or retain any portion of funds raised on a nonprofit entity's behalf.
"Handbill" means any document or written matter such as a circular, leaflet, or pamphlet which advertises, promotes or informs of a product, business, service, event, commercial enterprise or any noncommercial activity, event, organization or purpose. "Newspaper" means and includes any newspaper of general circulation as defined by State law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation, and shall include any periodical or current magazine regularly published with not less than four issues per month and sold to the public.
"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 24-147

Ordinance No. 2023-

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.
"Police Department" means the Newport Beach Police Department. "Public place" means and includes all publicly owned and maintained streets, sidewalks, alleys, parks, beaches, grounds and buildings.
"Registration card" means the card which authorizes a person to engage in solicitation. "Residential property" means any dwelling, house, building or other structure designed or used in whole or in part for residential purposes and shall include any yard, walkway or driveway appurtenant to the structure.
"Solicit" and "solicitation" means a request for, or offer of, money, services, opinion, support, information or property.
"Solicitor" means an individual who solicits.

Section 287: Subsection (F) of Section 5.42.030 (Exemptions) of Chapter 5.42 (Solicitation) of Title 5 of the Code is hereby amended to read as set forth in the quotations below-
"F. Electronic solicitation, direct solicitation through United States mail or conducted solely by' means of radio or television broadcasts;"
Section 288: Section 5.42.040 (Application for Registration Card) of Chapter

5.42 (Solicitation) of Title 5 of the Code is hereby amended to read as set forth in the quotations:
"A. At least ten (10) days prior to the date the applicant intends to engage in commercial solicitation, an application for a registration card shall be made to the Police Department on forms supplied by the City. 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; 24-148

Ordinance No. 2023-

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 that the cardholder is in compliance with Cal. Gov. Code Section 12599;

4. If the applicant is:
a. An individual, the application shall state the full name, mailing address and principal business or residential address and telephone number; b. A partnership, the application shall state the full name, mailing address, and principal business or residential address and telephone number of each partner.

However, if there are more than ten (10) principal partners, only the ten (10) principal partners need to be listed;
c. A corporation, the application shall state whether it is organized under the laws of California or is a foreign corporation and, if a foreign corporation, the place of incorporation, the full name, mailing address, and principal business or residential address, the State Corporation or Federal Employer Identification Number, and telephone number of the individual in charge of the local office of the corporation and of three principal officers or directors of the corporation; d. An association, the application shall state mailing address, principal business or residential address, State Corporation or Federal Employer Identification Number, and telephone number of the association and the full name, mailing address, principal business or residential address and telephone number of three principal members of the association. If the association is part of a multi -state association, the mailing address and principal business or residential address and telephone number of its central office shall also be given;

5. The full name, mailing address, principal business or residential address and telephone number of each individual who will be in charge of supervising the solicitation;

6. The full name of each individual who will be soliciting on behalf of the card holder;

7. The time during the day when the solicitation will be made and the dates for the commencement and termination of the solicitation;

8. A general outline of the method or methods to be used in conducting the solicitation, including the number of solicitors to be used;

9. A statement that the registration card will not be used or represented in any way as an endorsement by the City or any department, officer, or employee thereof. 24-149

Ordinance No. 2023-

C. If, while the application is pending or during the term of any card granted thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the Police Department in writing within twenty- four (24) hours after such change."
Section 289: Section 5.42.125 (Residential Properties Displaying "No Soliciting" Signs —"No Solicitation" List) of Chapter 5.42 (Solicitation) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 distribute handbills or engage in commercial solicitation at or to any dwelling unit that is included on the City's `no soliciting' registry."
Section 290: Subsections (B) and (G) of Section 5.42.170 (Time, Place and Manner of Solicitation —Prohibitions) of Chapter 5.42 (Solicitation) of Title 5 of the Code are hereby amended to read as provided below:

Subsection (B) of Section 5.42.170 shall read as set forth in the quotations below.-
"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);"
Subsection (G) of Section 5.42.170 shall read as set forth in the quotations below.
"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;

2. Inside a public transportation vehicle or public facility;

3. Within fifty (50) feet of any automated teller machine; 24-150

Ordinance No. 2023-

4. 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

5. A queue of five (5) or more persons waiting to gain admission to a place or vehicle, or waiting to purchase an item or admission ticket;" Section 291: Section 5.42.180 (Violations) of Chapter 5.42 (Solicitation) of Title 5 of the Code is hereby deleted in its entirety.

Section 292: Section 5.43.010 (Definitions) of Chapter 5.43 (State Video Franchises) of Title 5 of the Code is hereby amended to read as follows:

5.43.010 Definitions.

A. For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined in the Digital infrastructure and Video Competition Act of 2006 shall have the same meanings herein unless expressly defined otherwise. When not inconsistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number.
"Gross Revenue" shall have the definition set forth in Section 5860 of the Cal. Pub. Util.

Code.
"PEG" means Public, Educational and Government.
"PUC" means the California Public Utilities Commission. "State Franchise(s)" means a franchise that is issued pursuant to the Digital Infrastructure and Video Competition Act of 2006.
"State Franchisee(s)" means any holder of a State Franchise.

B. Words, terms, or phrases not defined herein shall first have the meaning as defined in Digital infrastructure and Video Competition Act of 2006 and then special meanings or connotations used in any industry, business, trade, or profession where they commonly carry special meanings. If those special meanings are not common, they will have the standard definitions as set forth in commonly used and accepted dictionaries of the English language.

Section 293: Section 5.43.030 (State Video Franchise Fees) of Chapter 5.43 (State Video Franchises) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
24-151

Ordinance No. 2023-

"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) percent 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 Code Section 5.43.030(B) is hereby reauthorized to the extent required by Cal. Pub.

Util. 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."'
Section 294: Subsections (B) and (C) of Section 5.43.050 (Customer Service Penalties Under State Franchises) of Chapter 5.43 (State Video Franchises) of Title 5 of the Code are hereby amended to read as set forth in the quotations below:
"B. The City Manager shall monitor the compliance of State Franchisee(s) with respect to State and federal customer service and protection standards. The City Manager 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) day; time period shall be subject to the following penalties by the City Manager.

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 24-152

Ordinance No. 2023-

Council's decision on the imposition of a penalty shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5." Section 295: Subsection (A) of Section 5.44.020 (Definitions) of Chapter 5.44 (Cable Communications Franchises) of Title 5 of the Code is hereby amended to read as follows:

5.44.020 Definitions.

A. For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined in the Cable Act shall have the same meanings herein unless expressly defined otherwise. When not inconsistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number.
"Affiliated person" or "affiliates" means each person who fails into one or more of the following categories: (i) each person having, directly or indirectly, a controlling interest in company; (ii) each person in which company has, directly or indirectly, a controlling interest; (iii) each officer, director, general partner, limited partner holding an interest of five percent or more in a joint venture, or joint venture partner in company's cable system in the City; and (iv) each person, directly or indirectly, controlling, controlled by, or under common control with company; provided that "affiliated person" excludes the City, any limited partner holding an interest of less than five percent in a company, or any creditor of company, solely by virtue of its status as a creditor, and which is not otherwise an affiliated person by reason of owning a controlling interest in, being owned by, or being under common ownership, common management, or common control with company.
"Basic service" or "basic cable service" or "basic service tier" means the lowest service tier which includes the retransmission of local television broadcast signals and public, educational, and governmental access channels.
"Broadcast signal" means a signal transmitted over the air to a geographically dispersed public audience and received by a cable system.
"1984 Cable Act" means the Cable Communications Policy Act of 1984. "1992 Cable Act" means the Cable Television Subscriber Protection and Competition Act of 1992.
"Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Television Subscriber Protection and Competition Act of 1992 and by the Telecommunications Act of 1996.
24-153

Ordinance No. 2023-

"Cable operator" means any person or group of persons (i) who provides cable service over a cable system in the City and, directly or through one or more affiliates, owns a significant interest in that cable system; or (ii) who otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system in the City.
"Cable Review Board" means an entity formed by resolution of the City that reviews and hears issues relating to cable service, a cable franchise, or a company's operations and maintenance of cable services.
"Cable service" or "service" means (i) the one-way transmission to subscribers of video programming or other programming service; and (ii) subscriber interaction which is required for the selection of or use of video programming or other programming service. "Cable system" or "cable communications system" or "system" means a facility, consisting of a set of closed transmission paths and associated signal generation reception, and control equipment that is designed to provide cable service, which includes video programming, and which is provided to multiple subscribers within the City; but this term does not include; (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right-of-way; (iii) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title 11 of the Communications Act of 1934 (47 U.S.C. § 201 et seq.), except that the facility shall be considered a cable system (other than for purposes of section 621(c) of the Cable Act) to the extent the facility is used in the transmission of video programming directly to subscribers, unless the extent of the use is solely to provide interactive on -demand services; (iv) an open video system that complies with section 653 of the Cable Act; or (v) any facilities of any electric utility used solely for operating its electric utility systems. "Channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the FCC by regulation).
"Company" means the person granted a franchise to install, operate, maintain, or reconstruct a cable system and the lawful successors, transferees, or assignees of that person.
"Company manager" means an employee of the company who is designed by the company in writing to the City to be the contact person for company in accordance with the provisions of this chapter.
"Complaint" means a dispute in which a subscriber notifies company of an outage or degradation in picture quality, billing or other issue pertaining to the subscriber's cable service which is not corrected during the initial telephone or service call. 24-154

Ordinance No. 2023-

"Control" or "controlling interest" means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments, or negative control, as the case may be, of the cable system or a company. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person or group of persons acting in concert (other than underwriters during the period in which they are offering securities to the public) of twenty-five (25) percent or more of any person (which person or group of persons is referred to as "controlling person"), or being a party to a management contract to manage the system, or any material portion thereof, in lieu of the company.
"Converter" or "terminal" means a device located at a subscriber's premises that converts signals from one frequency to another or otherwise processes signals for use by subscribers.
"Director" means the Director of the City's Department of Public Works. "Drop" means the cable connecting the cable system's plant to equipment at the subscriber's premises.
"Facilities" or "facility" shall have the same meaning in this chapter as these terms have in Chapter 13.20 of this Code.
"FCC" means the Federal Communications Commission or its designated representatives.
"Franchise" means a written legal undertaking or action of the City which authorizes a specific person to use the City's streets and public ways for the purpose of installing, operating, maintaining, or reconstructing a cable system to provide cable service. "Gross annual revenue" or "gross annual receipts" or "gross receipts" means all revenue, as determined in accordance with Generally Accepted Accounting Principles, which is received, directly or indirectly, by the company and by each affiliated person from or in connection with the distribution of any cable service, and any other service which may, under now or then applicable federal law, be included in the Cable Act definition for the purpose of calculating and collecting the maximum allowable franchise fee for operation of the system, whether or not authorized by any franchise, including, without limitation, leased or access channel revenues and programming fees of any kind, received, directly or indirectly, from or in connection with the distribution of any cable service. It is intended that all revenue collected by the company, and by each affiliated person, from the provision of cable service over the system, whether or not authorized by the franchise, be included in this definition. Gross annual revenue also specifically includes: (i) the fair market value of any non -monetary (i.e., barter) transactions between company and any person, other than an affiliated person, but not less than the customary prices paid in connection with equivalent transactions; (ii) the 24-155

Ordinance No. 2023-
Pag e 151 of 470
fair market value of any non -monetary (i.e., barker) transaction between company and any affiliated persons, but not less than the customary prices paid in connection with equivalent transactions conducted with persons who are not affiliated persons; (iii) any revenues generated from the provision of internet services and/or broadband services which utilize the cable system for delivery and must not be excluded pursuant to applicable law; and (iv) any revenue received, as reasonably determined from time to time by the City, through any means which is intended to have the effect of avoiding the payment of compensation that would otherwise be paid to the City for the franchise granted. Gross annual revenue also includes any bad debts recovered. Gross annual revenue also includes all one hundred (100) percent advertising revenue (without exclusions for any commissions, fees, or other costs incurred in securing the revenue) which is received directly or indirectly by the company, any affiliated person, or any other person from or in connection with the distribution of any service over the system or the provision of any service -related activity in connection with the system, or allocable thereto based upon subscriber counts. Gross annual revenue does not include: (i) the revenue of any person to the extent that the revenue is also included in the gross annual revenue of the company; (ii) taxes imposed by law on subscribers which the company is obligated to collect; and (iii) amounts which must be excluded pursuant to applicable law.
"Pay cable," "pay service," "premium -service" or "pay television" means programming choices (such as movie channels, pay -per -view, video on demand) offered to subscribers on a per -channel, per -program or per -event basis. "PEG channel" means collectively, the channel capacity dedicated to noncommercial public, education or government access programming.
"Plant" means the transmitting medium and related equipment which transmits signals between the headend and subscribers, including drops.
"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 this Code.
"Residential dwelling unit" or "dwelling unit" means a home, mobile home, condominium, apartment, cooperative unit, and any other individual dwelling unit. "Service area" or "franchise service area" means the entirety of the City of Newport Beach, or as further defined in the franchise.
"Service interruption" means the loss of picture or sound on one or more cable channels.
"Service ties" or "ties" means a category of cable service or other services provided by a cable operator and for which a separate rate is charged by the cable operator, other 24-156

Ordinance No. 2023-

than per channel or per event programming or legitimate packages of per channel or per event programming.
"Subscriber" means any resident, business, or other person that lawfully subscribes to and receives, a cable service provided by the company by means of or in connection with its cable system.
"Telecommunications Act" means the Telecommunications Act of 1996. "Territory" shall mean land within the City's boundaries at the time of this chapter's adoption and, if later annexed or reorganized into the City's boundaries, land added to the City at the time of annexation or reorganization.
"Unit" means a discrete place where system services are used, such as a residence, apartment, office, store, etc.

Section 296: Subsection (H) Section 5.44.030 (Grant of Franchise) of Chapter

5.44 (Cable Communications Franchises) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"H. Use of Public Rights -of -Way. Pursuant to Chapter 13.20 of this 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."
Section 297: Subsection (G)(4) of Section 5.44.070 (Services) of Chapter 5.44 (Cable Communications Franchises) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 (9) 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." Section 298: Section 5.44.080 (Design and Construction of System) of Chapter

5.44 (Cable Communications Franchises) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.44.080 Design and Construction of System.
24-157

Ordinance No. 2023-

The system shall be designed and constructed in accordance with the provisions of Chapter 13.20 of this Code and the franchise. Construction components and techniques shall be in accordance with Chapter 13.20, the franchise and all applicable law." Section 299: Subsection (H)(4) of Section 5.44.090 (Operations and Maintenance) of Chapter 5.44 (Cable Communications Franchises) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"4. When applicable, if the company cannot perform standard installations within nine (9) 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 (9) days or to provide the credit for late installations shall be grounds for franchise revocation or other enforcement actions." Section 300: Subsections (A)(2)(j) and (13)(6) of Section 5.44.110 (Termination and Related Rights) of Chapter 5.44 (Cable Communications Franchises) of Title 5 of the Code are hereby amended to read as provided below:

Subsection (A)(2)0) of Section 5.44.110 shall read as set forth in the quotations below:
"j. Substantial failure to comply with the privacy rights of subscribers as provided in this chapter, any franchise, Cable Act Section 631 or Cal. Pen. Code Section 637.5;" Subsection (B)(6) of Section 5.44.110 shall read as set forth in the quotations below:
"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 this Code."
Section 301: Section 5.44.135 (Indemnity and Liability insurance) of Chapter

5.44 (Cable Communications Franchises) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.44.135 indemnity and Liability Insurance.

A. As a condition of approval, Company shall agree to indemnify, defend and hold the City harmless as required by the City Attorney.

B. Every company subject to this chapter shall procure insurance which types and amounts shall be determined by the Risk Manager."
24-158

Ordinance No. 2023-

Section 302: Section 5.44.140 (Miscellaneous Provisions) of Chapter 5.44 (Cable Communications Franchises) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.44.140 Miscellaneous Provisions.

A. Captions. The section, subsection, paragraph, and subparagraph numbers and letters, and the captions throughout this chapter, are intended to facilitate reading and reference. The numbers, letters, and captions shall not affect the meaning or interpretation of any part of this chapter.

B. Franchise References. A franchise which cites, refers to, or otherwise incorporates this chapter, or portions thereof, shall be deemed to be a franchise issued under and subject to this chapter.

C. Filing. When not otherwise specified in this chapter, all documents required to be filed with City shall be filed with the City's representative as designated by City.

D. Non -Enforcement by the City. A company shall not be excused from complying with any of the requirements of this chapter, and of its franchise, and all laws and regulations, or any subsequently adopted amendments to this chapter, by any failure of the City on any one or more occasions to seek, or insist upon, compliance with the requirements or provisions of the chapter or franchise.

E. Continuity of Service. It is the right of all subscribers to receive cable services so long as their financial and other obligations to a company are honored. In the event that a company elects to rebuild, modify, or sell the system, a company shall use due diligence and reasonable care to ensure that all subscribers receive continuous, uninterrupted service. In the event of a transfer of the system by company, the current company shall cooperate with the City or new company to operate the system for a temporary period, in order to maintain continuity of service to all subscribers. In the event that company, through its own fault, discontinues system -wide service for seventy-two (72) continuous hours, and company is in material default of its franchise, or if the franchise is revoked by City (but not if City fails to renew the franchise), City may, by resolution, when it deems reasonable cause to exist, assume operation of the system for the purpose of maintaining continuity of service. City's operation of the system may continue until the circumstances which, in the judgment of the City, threaten the continuity of service are resolved to City's satisfaction. City shall be entitled to the revenues for any period during which it operates the system.

F. Operation by City. During any period when the system is being operated by City pursuant to subsection E above, City shall, as it may deem necessary, make any changes in any aspect of operations that, in City's sole judgment, are required for the preservation of quality of service and service continuity. 24-159

Ordinance No. 2023-

G. Management by City. City may, upon assuming operation of a system franchised hereunder, appoint a manager to act for it in conducting the system's affairs. The manager shall have the authority as may be delegated by City and shall be solely responsible to City for management of the system. Company shall reimburse City for all its reasonable costs, in excess of system revenues, incurred during City's operation if the franchise is in full force and effect during the period of City's operation.

H. Notices. All notices and other communications to company and to City shall be set forth in the franchise.

I. Force Majeure—Company's Inability to Perform. In the event company's performance of any of the terms, conditions, obligations, or requirements of this chapter, or any franchise granted hereunder, is prevented or impaired due to any cause beyond its reasonable control and not reasonably foreseeable, the inability to perform shall be deemed to be excused, and no penalties or sanctions shall be imposed as a result. The causes beyond company's reasonable control and not reasonably foreseeable shall include, but not be limited to, any acts of God, civil emergencies, labor unrest, strikes, utility interruptions, inability to obtain access to an individual's property on reasonable terms, and any inability of a company to secure all required authorizations or permits to utilize necessary poles or conduits, so long as company uses due diligence to timely obtain the authorization or permits.

J. Application. All of the provisions of this chapter shall be applicable to all cable operators, cable systems, OVS operators and OVS systems to the greatest extent permissible under applicable law.

K. Possessory Interest. By accepting any PROW Permit granted pursuant to this chapter, company acknowledges that notice is and was given to company pursuant to Cal. Rev. & 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."
Section 303: Section 5.46.020 (Exceptions) of Chapter 5.46 (Regulation of Commercial Film Production) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.46.020 Exceptions.

The provisions of this chapter shall not apply to:

A. Amateur photographers;
24-160

Ordinance No. 2023-

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."
Section 304: Section 5.46.060 (Appeal or Call for Review) of Chapter 5.46 (Regulation of Commercial Film Production) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
°5.46.060 Appeal or Calf 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) days 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 (5) days after notice of the decision is mailed. The City Council shall review the application de nova 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 (5) days 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." Section 305: Section 5.46.080 (Bond and Insurance) of Chapter 5.46 (Regulation of Commercial Film Production) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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."
24-161

Ordinance No. 2023-

Section 306: Section 5.48.010 (intent) of Chapter 5.48 (Direct Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.48.010 Intent.

Direct alarm monitoring is a service operated by the Police Department that is provided to benefit the citizens of the City. 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."
Section 306: Section 5.48.020 (Definitions) of Chapter 5.48 (Direct Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as follows:

5.48.020 Definitions.
"Department" means the Newport Beach Police Department or the Newport Beach Fire Department as the case may be.
"False alarm" means the activation of an alarm system through mechanical failure, accident, misoperation, malfunction, misuse, or the negligence of either the owner or lessee of the alarm system or any of their employees or agents. A Police false alarm shall be deemed to have occurred after an alarm dispatch request is received and the responding officer finds no evidence of a criminal offense or attempted criminal offense at the alarm site, but does not include an alarm dispatch which is cancelled by the alarm user or permittee prior to the time the responding officer reaches the site. "Direct alarm monitoring" and "direct alarm monitoring system(s)" means any mechanism, equipment or device which is designed to operate automatically through the use of a landline or cellular line to transmit a signal, message or warning to another location.

Section 308: Section 5.48.030 (Permit Required) of Chapter 5.48 (Direct Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.48.030 Permit Required.

No person shall operate or maintain a direct 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." 24-162

Ordinance No. 2023-

Section 309: Section 5.48.040 (Additional Requirements) of Chapter 5.48 (Direct Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 direct alarm monitoring system 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 alarm 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."
Section 310.Section 5.48.050 (Right of Inspection) of Chapter 5.48 (Direct Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.48.050 Right of Inspection.

The Chief of the concerned Department shall have the right to inspect any direct 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." 24-163

Ordinance No. 2023-

Section 311: Section 5.48.060 (Restricted Numbers) of Chapter 5.48 (Direct Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.48.060 Restricted Numbers.

No person shall install, operate or maintain a direct 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."
Section 312: Section 5.48.065 (Notification of Change) of Chapter 5.48 (Direct Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.48.065 Notification of Change.

Direct alarm monitoring system permits are not transferable. Permittees shall notify Police Chief within five (5) 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."
Section 313: Section 5.48.070 (Revocation) of Chapter 5.48 (Direct Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.48.070 Revocation.

Any permit issued for a direct 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."
Section 314: Section 5.48.085 (Signs) of Chapter 5.48 (Direct Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.48.085 Signs.

Permittees shall not display any sign indicating the direct 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 24-164

Ordinance No. 2023-

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." Section 315. The Table of Contents for Chapter 5.49 (Robbery Alarm Systems) of Title 5 of the Code is hereby amended to read as follows:

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.
* Prior ordinance history: Ords. 1661 and 1704.

Section 316: Section 5.49.010 (Definitions) of Chapter 5.49 (Burglary —Robbery Alarm Systems) of Title 5 of the Code is hereby amended to remove the following definitions:
"City" means the City of Newport Beach.
"Day" means a calendar day.
"Person" means a person, firm, corporation, association, partnership, individual, organization or company.

Section 317: Section 5,49.030 (Application for Permit) of Chapter 5.49 (Burglary —Robbery Alarm Systems) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.49.030 Application for Permit.
24-165

Ordinance No. 2023-

Application for an alarm permit shall be filed with the Chief of Police 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 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 and shall be nontransferable." Section 318:Section 5.49.040 (Application for Alarm Permit —Investigation) of Chapter 5.49 (Burglary —Robbery Alarm Systems) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.49.040 Application for Alarm Permit —Investigation.

Upon receiving an application from any person for an alarm permit, the Chief of Police 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 shall cause a permit to be issued." Section 319: Section 5.49.050 (Revocation of Permits) of Chapter 5.49 (Burglary —Robbery Alarm Systems) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 of 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 (6) months after the permit is revoked, unless waived for good cause by the Chief of Police."
Section 320: Section 5.49.060 (Notice of Appeal) of Chapter 5.49 (Burglary Robbery Alarm Systems) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.49.060 Notice of Appeal.
24-166

Ordinance No. 2023-

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 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 may affirm, overrule or modify the decision of the Chief of Police and the City Manager's decision shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 321: Section 5.49.130 (Application of Chapter) of Chapter 5.49 (Burglary —Robbery Alarm Systems) of Title 5 of the Code is hereby deleted in its entirety.

Section 322:The Table of Contents for Chapter 5.50 (Massage Establishments) of Chapter 5.49 (Burglary —Robbery Alarm Systems) of Title 5 of the Code is hereby amended to read as follows:

Chapter 5.50

MASSAGE ESTABLISHMENTS
Sections:

5.50.005 Findings and Purpose.

5.50.010 Definitions.
550.015 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.

Section 323: Subsection (A) of Section 5.50.005 (Findings and Purpose) of Chapter 5.50 (Massage Establishments) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 24-167

Ordinance No. 2023-

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 focal 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.& Prof. 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."
Section 324: Section 5.50,010 (Definitions) of Chapter 5.50 (Massage Establishments) of Title 5 of the Code is hereby amended to read as follows:

5.50.010 Definitions.

Unless the context of the particular provision otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
"Approved school of massage" means any school or institution of learning that is recognized as an "approved school" pursuant to the Cal Bus. & Prof. Code Division 2, Chapter 10.5.
"California Massage Therapy Council" means the massage therapy organization formed pursuant to Cal. Bus. & Prof. Code Section 4600 et seq. and referred to as CAMTC herein.
"Certified massage business" means any business where the only persons employed or used by that business to provide massage services have current and valid State Certifications.
"Certified massage technician" means any person holding a current and valid State Certificate issued by the CAMTC pursuant to Cal. Bus. & Prof. Section 4600 et seq., whether as a massage practitioner or massage therapist, as defined therein. "Certified sole proprietorship" means any massage business where the owner is the only person employed or used by that business to provide massage services and the owner has a current and valid unconditional State Certification. "Conviction" or "convicted° means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
"Customer area" means areas open to customers of the establishment. 24-168

Ordinance No. 2023-

"Manager" means the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day- to-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner.
"Massage" means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other reason or purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice.
"Massage establishment" means any business at a fixed location where massage is performed for compensation, excluding those locations where massage is only provided on an out -call basis.
"Operator" or "owner" means any and all owners of a massage establishment that are responsible for its day-to-day operations including any of the following persons: the managing responsible officer/employee, a general partner, a limited partner, a shareholder, a sole proprietor, or any person who has a five (5) percent or greater ownership interest in a massage establishment whether as an individual, corporate entity, limited partner, shareholder or sole proprietor. "Operator's permit" means a permit issued by the Police Department upon submission of satisfactory evidence as required that a massage business or sole proprietorship employs or uses only certified massage therapists or practitioners possessing valid and current State Certifications and has satisfied all other requirements pursuant to the provisions of this chapter.
"Police Department" means the Police Department of the City. "State Certification" or "State Certificate" means a valid and current certification properly issued by CAMTC pursuant to Cal. Bus. & Prof. Code Section 4600 et seq.

For purposes of this chapter the term "employee" shall include independent contractors.

Section 325: Section 5.50.020 (Application for Operator's Permit) of Chapter

5.50 (Massage Establishments) of Title 5 of the Code is hereby amended to add subsection (A)(12) and amend subsection (B)(7) to read as set forth below:
24-169

Ordinance No. 2023-

Subsection (A)(12) of Section 5.50.020 shall read as set forth in the quotations below.
"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 contiguous parcel owned by the same person, for twenty-four (24) months from the date the massage establishment ceases operating."
Subsection (13)(7) of Section 5,50.020 shall read as set forth in the quotations below:
" 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. Pen. 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; d. Convictions of crimes designated in Cal. Gov. 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. Code Sections 11225 through 11235 (red light abatement law);
f. Convictions 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 referenced offenses of this subsection;
g. Convictions for conspiracy or attempt to commit any such offense described in subsections (13)(7)(a) through (f) of this section."
Section 326: Subsections (A)(5), (13)(5) and (13)(7) are amended and subsection (A)(6) is added to Section 5.50.025 (Operator's Permit Issuance and Denial) of Chapter

5.50 (Massage Establishments) of Title 5 of the Code to read as set forth below:
24-170

Ordinance No. 2023-

Subsection (A)(5) of Section 5.50.025 shall read as set forth in the quotations below:
"5. That the background check for any applicant/owner, if authorized by this chapter, shows that such person:
a. Has not been required to register under the provisions of Cal. Pen. Code Section 290;
b. Has not had a conviction in a court of competent jurisdiction within eight years preceding the application for any of the crimes identified in Section 5.50.020(B)(7); c. Has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last eight years; and
d. Has not been subject to an injunction for nuisance under Cal. Pen. Code Sections 11225 through 11235 within the last eight (8) years." Subsection (A)(6) of Section 5.50,025 shall read as set forth in the quotations below:
"6. 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." Subsection (B)(5) of Section 5.50.025 shall read as set forth in the quotations below:
"5. The applicant was convicted of or pled guilty or no contest to a violation of Cal.

Pen. Code Section 415 as a result of an arrest for violation of Cal. Pen. Code Section 647(b);"
Subsection (B)(7) of Section 5.50.025 shall read as set forth in the quotations below:

7. 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. Code Sections 11225 through 11235, or Cal. Health & Saf. Code Section 11570 et seq., or equivalent offenses under the laws of another jurisdiction." 24-171

Ordinance No. 2023-

Section 327: Subsection (B)(11) of Section 5.50.030 (Requirements of Operation) of Chapter 5.50 (Massage Establishments) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:

11. 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 Cal. Pen. Code Section 314." Section 328: Subsections (A)(4) and (E) of Section 5.50.055 (Suspension, Revocation, Denial and Appeal) of Chapter 5.50 (Massage Establishments) of Title 5 of the Code are hereby amended to read as set forth below:

Subsection (A)(4) of Section 5.50.055 shall read as set forth in the quotations below:
'A. Violations of this chapter or of Cal. Bus. & Prof. 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"
Subsection (E) of Section 5.50.055 shall read as set forth in the quotations below:
"E. Appeal.

1. The right to appeal to the City Manager shall terminate upon the expiration of fifteen (15) days from the date of service of the notice as provided in Section 1.08.080.

The notice of appeal is to be sent to the Police Department.

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. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals.

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 a 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 24-172

Ordinance No. 2023-

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.

5. The following rules of evidence shall apply:
a. Oral evidence shall be taken only under oath or affirmation. The hearing officer shall have authority to administer oaths, and to receive and rule on admissibility of evidence.
b. Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness. c. Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions.

Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded.

6. No permit granted herein shall confer any vested right to any person or business for more than the permit period."
Section 329: Section 5.50.065 (Violation and Penalty) of Chapter 5.50 (Massage Establishments) of Title 5 of the Code is hereby deleted in its entirety.

Section 330: Section 5.50.070 (Severability) of Chapter 5.50 (Massage Establishments) of Title 5 of the Code is hereby deleted in its entirety.

Section 331: Section 5.60.020 (Fees Established —Resolution) of Chapter 5.60 (Paramedic Service User Fee) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.60.020 Fees Established —Resolution.
24-173

Ordinance No. 2023-

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 may waive all or part of the paramedic user fees referenced in this chapter." Section 332:The Table of Contents for Chapter 5.70 (Newspaper Racks and Stands) of Title 5 of the Code is hereby amended to read as follows:

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
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.
*Prior ordinance history: 1684, 83-14, 86-18 and 86-29.

Along Marine Avenue on
Section 333: Subsection (C) of Section 5.70.015 (Definitions) of Chapter 5.70 (Newspaper Racks and Stands) of Title 5 of the Code is hereby deleted in its entirety.

Section 334: Subsection (B) of Section 5.70.020 (Newsrack Permits) of Chapter

5.70 (Newspaper Racks and Stands) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"B. Application. A written application for a newsrack permit shall be filed with the City Manager 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. 24-174

Ordinance No. 2023-

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."
Section 335:Subsections (G) and (H) of Section 5.70.025 (Requirements and Duties) of Chapter 5.70 (Newspaper Racks and Stands) of Title 5 of the Code are hereby amended to read as set forth in the quotations below:
"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 Risk Manager 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 Code, Business Licenses and Regulations, Section 5.04.020." Section 336: Subsection (C) of Section 5.70.030 (Special Requirements for Newsracks Along Marine Avenue on Balboa Island) of Chapter 5.70 (Newspaper Racks and Stands) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"C. Newsracks proposed to be placed at any one location that violate the provisions of Section 5.70.020(E) or 5.70.030(A), (B), shall be given priority on a first -come, first - served basis,"
Section 337: Subsection (A) of Section 5.70.040 (Display of Harmful Matter) of Chapter 5.70 (Newspaper Racks and Stands) of Title 5 of the Code is hereby amended to read as follows:

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 313. 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.

Section 338: Section 5.70.050 (Removal of Newsracks) of Chapter 5.70 (Newspaper Racks and Stands) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.70.050 Removal of Newsracks.
24-175

Ordinance No. 2023-

A. If the City Manager determines that a newsrack does not comply with the provisions of this chapter or is abandoned, the City Manager shall serve 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 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 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.

B. 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 served on permittee or owner in the manner provided in Section 1.08.080.

C. 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 any 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 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."
Section 339: Section 5.70.055 (Appeals and Calls for Review) of Chapter 5.70 (Newspaper Racks and Stands) of Title 5 of the Code is hereby amended to as set forth in the quotations below:
24-176

Ordinance No, 2023-

"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

1.08.080. 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 1.08.080. 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."
Section 340: Section 5.70.060 (Severability; Supplemental Provisions) of Chapter 5.70 (Newspaper Racks and Stands) of Title 5 of the Code is hereby deleted in its entirety.

Section 341: The Table of Contents for Chapter 5.80 (Retail Sales of Firearms) of Title 5 of the Code is hereby amended to read as follows:

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.

Section 342: Section 5.80.010 (Duly Constituted Licensing Authority) of Chapter

5.80 (Retail Sales of Firearms) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.80.010 Duly Constituted Licensing Authority.
24-177

Ordinance No. 2023-

The City Manager 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."
Section 343: Section 5.80.020 (Definitions) of Chapter 5.80 (Retail Sales of Firearms) of Title 5 of the Code is hereby amended to read as follows:

5.80.020 Definitions.

The term "firearms" shall mean the same as that term is defined in Cal. Pen. Code Section 16520.

Section 344: Section 5.80.030 (License Required) of Chapter 5.80 (Retail Sales of Firearms) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 Cal. Pen. 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." Section 345: Section 5.80.050 (Revocation or Denial of License) of Chapter 5.80 (Retail Sales of Firearms) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 Cal. Pen. Code.

B. The applicant or license holder has failed to comply with applicable provisions of this Code.

C. The applicant or license holder has failed to comply with applicable federal firearms laws and regulations.

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. 24-178

Ordinance No. 2023-

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 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 service of the notice of intent to suspend or revoke or refuse to renew the license in the manner provided in Section 1.08.080.

The City Council 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, 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." Section 346: Section 5.80.O60 (Severability) of Chapter 5.80 (Retail Sales of Firearms) of Title 5 of the Code is hereby deleted in its entirety.

Section 347:The Table of Contents for Chapter 5.90 (Escort Services) of Title 5 of the Code is hereby amended to read as follows:

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.
24-179

Ordinance No. 2023-

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.

Section 348: Section 5.90.010 (Definitions) of Chapter 5.90 (Escort Service) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.90.010 Definitions.

For the purpose of this chapter, the following words and phrases shall mean and include:

A. Employee: Any and all persons who work in or about or render any services whatsoever to the patrons or customers of an escort service.

B. 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. Welf. & Inst. Code Section 9018., when such services are provided as part of a social welfare and health program for such older persons.

D. 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."
24-180

Ordinance No. 2023-

Section 349: Subsections (A)(1), (A)(2) and (13)(6) of Section 5.90.025 (Escort Service Permit Issuance and Denial) Chapter 5.90 (Escort Service) of Title 5 of the Code are hereby amended to read as set forth below:

Subsections (A)(1) and (A)(2) of Section 5.90.025 shall read as set forth in the quotations below.
"1. Any person that will be directly engaged or employed in the escort service has been convicted of a violation of Cal. Health & Saf. Code Section 11550 or a violation of Cal Pen. 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. Code Section 290.

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 & 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 & Saf.

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."
Subsection (B)(6) of Section 5.90.025 shall read as set forth in the quotations below.
"6. The escort service shall comply with all provisions of this chapter and the applicable provisions of this Code."
Section 350: Subsection (13)(2)(e) of Section 5.90.035 (Application for Employee Permit) of Chapter 5.90 (Escort Service) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"e. Two front -faced portrait photos at least two (2) inches by (2) two inches in size taken by the City Manager or Chief of Police; and"
Section 351: Subsection (A) of Section 5.90.040 (Employee Permit Issuance and Denial) of Chapter 5.90 (Escort Service) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"A. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation in such manner as Chief of Police deems appropriate 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 with the City Manager. Said forty-five (45) day period may be continued for an additional thirty (30) days if necessitated by the occurrence of 24-181

Ordinance No. 2023-

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 & Saf. Code Section 11550 or a violation of Cal. Pen. 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 punished as one or more of the above - mentioned offenses or that the applicant is required to register under the provisions of Cal. Pen, Code Section 290.

2. The applicant has been convicted of any offense involving the sale of a controlled substance specified in Cal. Health & 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 & Saf. 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." Section 352: Section 5.90.055 (Existing Escort Services) of Chapter 5.90 (Escort Service) of Title 5 of the Code is hereby deleted in its entirety.

Section 353:Section 5.90.150 (Severability) of Chapter 5.90 (Escort Service) of Title 5 of the Code is hereby deleted in its entirety.

Section 354:The Table of Contents for Chapter 5.96 (Adult Oriented Business) of Title 5 of the Code is hereby amended to read as follows:
24-182

Ordinance No. 2023-

Chapter 5.96

ADULT ORIENTED BUSINESS
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
Enforcement and Revocation.

Section 355: Without making any other changes to the other definitions set forth in Section 5.96.010, the definition of "Adult model studio" set forth in Section 5.96.010 (Definitions) of Chapter 5.96 (Adult Oriented Business) of Title 5 of the Code is hereby amended to read as follows:
"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 94930, et seq .

Section 356: Subsection (B) of Section 5.96.020 (Application Requirements) of Chapter 5.96 (Adult Oriented Business) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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) 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 (5) business days following the receipt of an amended application or supplemental 24-183

Ordinance No. 2023-

information, the City Manager shall again determine whether the 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 (5) days of the date the application is found to be complete. All notices required by this section shall be given in the manner provided in Section 1.08.080."
Section 357: Subsections (D), (1), and (X) of Section 5.96.025 (Application/Findings/Requirements) of Chapter 5.96 (Adult Oriented Business) of Title 5 of the Code are hereby amended to read as set forth below:

Subsection (D) of Section 5.96.025 shall read as set forth in the quotations below:
"D. The adult -oriented business shall not conduct any massage, acupuncture, tattooing, piercing, acupressure, fortune-telling or escort services on the premises." Subsection (1) of Section 5.96.025 shall read as set forth in the quotations below. - I. The adult -oriented business shall not allow admittance to any person under the age of eighteen (18) if no alcohol is served, or under the age of twenty-one (21) if alcohol is served."
Subsection (X) of Section 5.96.025 shall read as set forth in quotations below- '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 this 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." Section 358: Subsections (C) and (D) of Section 5.96.045 (Enforcement and Revocation) of Chapter 5.96 (Adult Oriented Business) of Title 5 of the Code are hereby amended to read as set forth in the quotations below-
"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 24-184

Ordinance No. 2023-

revocation, shall state that the permittee may appeal the decision within fifteen (15) days of the posting or the date of service in the manner provided in Section 1.08.080.

The notice shall be delivered both by posting the notice at the location of the adult - oriented business and by serving the permittee with the notice in the manner provided in Section 1.08.080 on the same date. Not later than fifteen (15) days after notice is served in the manner provided in Section 1.08.080, the permittee may file an appeal of the City Manager's determination with the City Clerk. If the appeal is filed within fifteen (15) days of the service of the notice in the manner provided in Section 1.08.080, 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 shall be filed with the City Clerk on a form provided by the Clerk. Upon receipt, the City Clerk shall 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 subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 359: Section 5.96.050 (Violation) of Chapter 5.96 (Adult Oriented Business) of Title 5 of the Code is hereby deleted in its entirety.

Section 360: Section 5.96.055 (Existing Adult Businesses) of Chapter 5.96 (Adult Oriented Business) of Title 5 of the Code is hereby deleted in its entirety.

Section 361: Section 5.97.010 (Purpose) of Chapter 5.97 (Sidewalk Vending Program) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 24-185

Ordinance No. 2023-

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 roller 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; 24-186

Ordinance No. 2023-

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 criticai 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 eight (8) feet wide and sidewalk vending in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities." Section 362: Subsection (B) of Section 5.97.020 (Definitions) of Chapter 5.97 (Sidewalk Vending Program) of Title 5 of the Code is hereby amended to read as follows..

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);

2. "Balboa Island Boardwalk" means the pathway area that borders the water and Grand Canal on Balboa Island and tittle 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;

4. "Cannabis" means the substances defined in Section 10.70.020(A);

5. "Certified farmers' market" means a location operated in accordance with Cal.

Food & Agr. Code, Division 17, Chapter 10.5 Section 47000 et seq. and any regulations adopted pursuant to that chapter;

6. "Fire station" means any facility where fire engines and other equipment of the City's Fire Department are housed;

7. "Food" means any item provided in Cal. Health & Saf. Code Section 113781; 24-187

Ordinance No, 2023-

8. "Heating element" means any device used to create heat for food preparation;

9. "Lifeguard headquarters" means the lifeguard facilities located at the base of Newport Pier, alongside the Balboa Pier, and on Corona Del Mar State Beach;

10. "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 walkway approximately 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 designated as West Ocean Front and East Ocean Front on the official City atlas;

12. "Park" means the parks listed in City Council Policy B-1, Exhibit A, or any successor policy. The City has both active parks and passive parks:
a. "Active parks" contain one or more sporting fields or actively encourage physical activity. The City's active parks are listed as "community parks" and "neighborhood parks" in City Council Policy B-1, Exhibit A; b. "Passive parks" are typically less developed than an active park, but may contain features such as walking tracks, gardens, seating, barbecues, and picnic areas.

They do not usually contain sports infrastructure or encourage strenuous physical activity, although they may contain playground equipment. The City's passive parks are listed as "view parks" in City Council Policy B-1, Exhibit A;

13. "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;

14. "Police station" means any facility where police vehicles and other equipment of the Police Department are housed;

15. "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;

16. "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, Planned Community Development Plan, Planned Residential District, Specific Plan District, Specific Plan Area, or residential overlay district or their equivalent;
24-188

Ordinance No. 2023

17. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction;

18."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;

19."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;

20. "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,

21. "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;

22. "Special event" means any special event described in Section 11.03.020(B);

23. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location; and

24. "Swap meet" means a location operated in accordance with Cal. Bus. & Prof.

Code, Division 8, Chapter 9, Article 6, Section 21660 et seq., and any regulations adopted pursuant to that chapter.

Section 363: Section 5.97.030 (Permit Required) of Chapter 5.97 (Sidewalk Vending Program) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 under this chapter.

B. A written application for a sidewalk vendor permit shall be filed with the Finance Director 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;
24-189

Ordinance No. 2023-

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;

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 �r •

12. A copy of the health permit required for any sidewalk vendors selling food, as required by Chapter 6.08;

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;
24-190

Ordinance No. 2023W

16. An agreement to indemnify the City, as approved by the City Attorney agreement;

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;

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 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.

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." Section 364: Section 5.97.040 (issuance of Permit) of Chapter 5.97 (Sidewalk Vending Program) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.97.040 Issuance of Permit.

A. Within thirty (30) days of receiving a complete application, the Finance Director 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;
24-191

Ordinance No. 2023-

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;

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 Risk Manager; and

13.The sidewalk vendor has satisfactorily provided all information requested by the Finance Director 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."
Section 365: Subsection (D) of Section 5.97.070 (Penalties) of Chapter 5.97 (Sidewalk Vending Program) of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
24-192

Ordinance No. 2023-

"D. The Finance Director may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations within one (1) year of the first violation."
Section 366: Subsections (A)(1), (A)(4)(b), (A)(6) and (B) of Section 5.97.080 (Appeals) of Chapter 5.97 (Sidewalk Vending Program) of Title 5 of the Code are hereby amended to read as set forth below:

Subsection (A)(1) of Section 5.97.080 shall read as set forth in the quotations below:

1. Any recipient of an administrative citation may request an ability -to -pay determination, contest that there was a violation of this 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). 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.

Code Section 51039(f)(1)."
Subsection (A)(4)(b) of Section 5.97.080 shall read as set forth in the quotations below:
"b. If the Hearing Officer finds the person meets the criteria described in subdivision (a) or (b) of Cal. Gov. Code Section 68632, the Hearing Officer shall order the City to accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this chapter;"
Subsection (A)(6) of Section 5.97.080 shall read as set forth in the quotations below:
"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; 24-193

Ordinance No. 2023-

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." Subsection (B) of Section 5.97.080 shall read as set forth in the quotations "B. Decisions of the Finance Director to revoke a permit shall be appealed in the following manner:

1. Appeals shall be initiated within fifteen (15) days of service of notice of the decision in the manner provided in Section 1.08.080;

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), and the Hearing Officer may be disqualified as provided in Section 1.05.070(B);

5. The Hearing Officer shall have the powers set forth in Section 1.05.070(C)(1) through (4) and (6);

6. A hearing before the Hearing Officer may be 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), 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; 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 24-194

Ordinance No. 2023-

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;

8. After considering all 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 1.08.080."
24-195

Ordinance No. 2023-

Section 367:The Table of Contents for Title 6 (Health and Sanitation) of the Code is hereby amended to read as follows:

Title 6

HEALTH AND SANITATION
Chapters:

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
Section 3: Without making any other changes to the other definitions set forth in Section 6.04.020, the definition of "Municipal solid waste" or "MSW" in Section 6.04.020 (Definitions) of Chapter 6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is hereby amended to read as follows:
"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 Cal. Health & Saf. Code Section 114960 et seq. or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, Cal. Health & Saf. Code Section 117600 et seq.

Section 368: Subsection A (Definitions) of Section 6.04.040 (Leaf Blowers) of Chapter 6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is hereby amended to read as follows:

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.
24-196

Ordinance No. 2023-

2. "Common interest development" and "association" shall be defined as those terms are defined in Cal. Civ. Code Sections 4100 and 4800, respectively.

Section 369: Subsections (B), (E)(1) and (E)(3) of Section 6.04.060 (Collection of Solid Waste and Divertible Materials) of Chapter 6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code are hereby amended to read as set forth below:

Subsection (B) of Section 6.04.060 shall read as set forth in the quotations below:
"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." Subsection (E)(1) of Section 6.04.060 shall read as set forth in the quotations below:

1. Any person, with the permission and consent of the property owner, from gathering 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;"
Subsection (E)(3) of Section 6.04.060 shall read as set forth in the quotations below:
"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, 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;"
Section 370: Subsection (A)(6) of Section 6.04.100 (Prohibited Material) of Chapter 6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"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;"
24-197

Ordinance No. 2023-

Section 371: Section 6.04.140 (Costs Defrayed from Ad Valorem Tax Revenue) of Chapter 6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"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 6.04.020 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 6.04.020.1" Section 372: Subsection (B) of Section 6.04.200 (Prohibited Disposal) of Chapter

6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is hereby amended to read as set forth in the quotations below-
"B. On Own Property. No owner of real property shall throw, deposit or 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 (3) days after receipt of written notice by the Code Enforcement Supervisor, or Public Works Director to do so." Section 373: Section 6.04.230 (Violation, Penalties and Enforcement) of Chapter

6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"6.04.230 Violation, Penalties and Enforcement.

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)."
Section 374: Subsection (1) of Section 6.05.010 (Definitions) of Chapter 6.05 (Use of Expanded Polystyrene Disposable Food Service Ware) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
'T 'Restaurant' means any establishment located within the City 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 this Code."
24-198

Ordinance No. 2023-

Section 375:Section 6.05.040 (Undue Hardship) of Chapter 6.05 (Use of Expanded Polystyrene Disposable Food Service Ware) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"6.05.040 Undue Hardship.

A. The City Manager 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 (1) year.

B. An exemption application shall include all information necessary for the City Manager to make a decision, including but not limited to documentation showing the factual support for the claimed exemption. The City Manager may require the applicant to provide additional information to permit the Director to determine facts regarding the exemption application.

C. The City Manager 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." Section 376: Section 6.05.050 (Enforcement) of Chapter 6.05 (Use of Expanded Polystyrene Disposable Food Service Ware) of Title 6 of the Code are hereby amended to read as set forth in the quotations below:
"6.05.050 Enforcement.

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." 24-199

Ordinance No. 2023-

Section 377: The definition of "Director," "food facility," "food recovery organization," "food scraps," "municipal solid waste" or "MSW," and "SB 1383 generator," set forth in Section 6.06.010 (Definitions) of Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Programs) of Title 6 of the Code are hereby amended to read as follows:
"Director" means the Director of the Public Works Department. "Food facility" shall have the same meaning as that term is defined in Cal. Health & Saf.

Code in Section 113789.
"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 Cal. Health & Saf. Code Section 113783, (2) nonprofit charitable organization as defined in Cal. Health & Saf. Code Section 113841; and (3) nonprofit charitable temporary food facility as defined in Cal. Health & Saf. 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 Cal. Health & Saf. Code Section 113789, food processing establishments (as defined in Cal. Health & Saf. 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 Cal. Health & Saf. Code Section 114960 et seq., or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, Cal. Health & Saf. Code Section 117600 et seq.
24-200

Ordinance No. 2023-

"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. 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.

Section 378: Section 6.06.080 (Reporting, Inspections, and Compliance Verification) of Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Programs) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"6.06.080 Reporting, Inspections, and Compliance Verification.

A. The City's representative is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by AB 341 generators, SIB 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 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 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.

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. Code Section 6250 et seq.

D. The City's representative 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." Section 379: Subsection (1) of Section 6.06.100 (Diversion Programs Required at Special Events) of Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Programs) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
24-201

Ordinance No. 2023-

"I. The promoter, coordinator or responsible party shall submit the following information to the City within thirty (30) 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."
Section 380:Subsections (A), (C)(4) and (D) of Section 6.06.110 (Requirements for Commercial Edible Food Generators) of Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Programs) of Title 6 of the Code are hereby amended to read as provided below:

Subsection (A) of Section 6.06.110 shall read as set forth in the quotations below.
"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 18995.1."
Subsection (C)(4) of Section 6.06.110 shall read as set forth in the quotations below:
'A. Allow the City to access the premises and review records pursuant to 14 CCR Section 18991.4; and"
Subsection (D) of Section 6.06.110 shall read as set forth in the quotations below.-
"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 24-202

Ordinance No. 2023-

Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017, which added Article 13 (commencing with Section 49580) to Cal. Ed. Code Title 2, Division 4, Part 27, Chapter 9, and to amend Cal Health & Saf.

Code Section 114079 relating to food safety."
Section 381: Subsection (C) of Section 6.06.120 (Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies) of Chapter

6.06 (State Mandated Municipal Solid Waste Diversion Programs) of Title 6 of the Code is hereby amended to read as set forth in the quotations below- "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 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)."
Section 382: Subsection (E) of Section 6.06.140 (Waivers) of Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Programs) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"E. The Director's decision shall be final thirty (30) 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) days. The decision of the Assistant City Manager shall be final." Section 383: Section 6.06.150 (Enforcement) of Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Programs) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
" 6.06.150 Enforcement.

A. Process for Enforcement.

1. The Public Works Director 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.
24-203

Ordinance No. 2023-_

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 are as set forth in Section 1.05.020 subject to any minimum or maximum penalty amounts imposed by SB 1383.

C. 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. 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 1.05.060.

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 24-204

Ordinance No. 2023-

notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

F. 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."
Section 384:Section 6,08.010 (Authorization) of Chapter 6.08 (Food Handling Services) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
" 6.08.010 Authorization.

The purpose of this chapter is to authorize the County Health Officer to enforce and observe in the City all orders and quarantine regulations prescribed by the State Department of Health Services, the Cal Health & Saf. Code and all other applicable statutes and regulations relating to public health, pursuant to the authority of Cal. Health & Saf. Code Section 101375."
Section 385: Section 6.08.020 (Definitions) of Chapter 6.08 (Food Handling Services) of Title 6 of the Code is hereby amended to read as follows:

6.08.020 Definitions.

The following terms used in this chapter shall have the meanings indicated below:
"Certified farmers' market" shall be as defined in Cal. Health & Saf. Code Section 113742.
"Commissary" shall be as defined in Cal. Health & Saf. Code Section 113751. "Food facility" shall be as defined in Cal. Health & Saf. Code Section 113789. "Food processing establishment" shall be as defined in Cal. Health & Saf. Code Section 111955.
"Inspector" means a registered environmental health specialist, as defined in Cal Health & Saf. 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 facility" shall be as defined in Cal. Health & Saf. Code Section 113831. 24-205

Ordinance No. 2023-

"Produce stand" shall be as defined in Cal. Health & Saf. Code Section 113879. "Restricted food service 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 113899. "Temporary food facility" shall be as defined in Cal. Health & Saf. Code Section 113930. "Vehicle" shall be as defined in Cal. Veh. Section 670. "Vending machine" shall be as defined in Cal. Health & Saf. Code Section 113938.

Section 386: Subsections (A) and (B) of Section 6.08.030 (Permit Required — Conditions and Terms) of Chapter 6.08 (Food Handling Services) of Title 6 of the Code are hereby amended to read as set forth in the quotations below:
"A. It shall be unlawful for any person to operate any food facility, vending machine business, or any other food handling business within the City 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 facility shall, in addition, provide a list of three (3) service stops which shall include the address of exact location and time of each stop." Section 387: Section 6.08.040 (Construction, Conversion and Alteration) of Chapter 6.08 (Food Handling Services) of Title 6 of the Code is hereby amended to read as follows:
"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 (3) copies of the complete plans and specifications to the Health Department for review and approval pursuant to the applicable requirements of the Cal. Health & Saf. Code. The Health Officer may thereafter issue a certificate stating what modifications, if any, are required for compliance with applicable laws and ordinances."
24-206

Ordinance No. 2023-

Section 388: Section 6.08.060 (Notice of Violation) of Chapter 6.08 (Food Handling Services) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"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:

A. The acts or omissions with which the permittee is charged.

B. The provision or provisions violated.

C. The corrective steps required.

D. The date by which all such corrections must be completed, allowing a reasonable period to make necessary corrections.

E. That the permittee has a right to a hearing upon written request or that a mandatory hearing has been scheduled.

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 9:00 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."
Section 389: Subsections (A), (B) and (C) of Section 6.08.070 (Hearing) of Chapter 6.08 (Food Handling Services) of Title 6 of the Code are hereby amended to read as set forth in the quotations below:
"A. The hearing shall be held by a hearing officer who is the Health Officer or his or her duly authorized representative and a registered environmental health specialist as defined in Cal. Health & Saf. Code Section 106615 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) days after receipt of the notice. A failure to request a hearing within fifteen (15) days after receipt of the notice shall be deemed a waiver of the right to a hearing.

When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this fifteen (15) day period to expedite the permit suspension or revocation process.
24-207

Ordinance No. 2023-

C. The hearing shall be held within fifteen (15) days 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."
Section 390: Subsection (C) of Section 6.08.090 (Summary Suspension) of Chapter 6.08 (Food Handling Services) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"C. At any time within fifteen (15) 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) days of the receipt of a request for a hearing. A failure to request a hearing within fifteen (15) days shall be deemed a waiver of the right to such hearing." Section 391: The introductory paragraph to Section 6.08.120 (Mobile Food Preparation Units Generally), with no changes to Subsections A through J of Section

6.08.120 which shall remain as written, of Chapter 6.08 (Food Handling Services) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"In addition to all other applicable provisions of the Cal. Health & Saf. Code and of this chapter, mobile food preparation units shall comply with the following safety requirements:"
Section 392: Section 6.08.140 (Fees) of Chapter 6.08 (Food Handling Services) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"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 Cal. Health & Saf. Code Section 101325."
Section 393:The Table of Contents for Chapter 6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby amended to read as follows:

Chapter 6.25

REGULATION OF SMOKING IN PUBLIC AREAS
Sections:
6,25.005 Purpose and Intent.

6.25.010 Definitions.
24-208

Ordinance No. 2023-

6.25.020 Regulation of Smoking in Public Places.

6.25.025 Disposal where Smoking is Prohibited.

6.25.040 Posting of Signs Required.

6.25.060 Penalties.

Section 394: Section 6.25.005 (Purpose and Intent) of Chapter 6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
°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; B. The presence of smoke in the environment also constitutes a material annoyance and discomfort to non-smokers;
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."
Section 395: Section 6.25.010 (Definitions) of Chapter 6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby amended to read as follows:

6.25.010 Definitions.

For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a different meaning is intended.
"Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress and is not intended to mean areas commonly described as public lobbies.
"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.
24-209

Ordinance No. 2023-

Section 396: Section 6.25.020 (Regulation of Smoking in Public Places) of Chapter 6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"6.25.020 Regulation of Smoking in Public Places.

It shall be unlawful to smoke in the following places:

A. Elevators. Smoking is prohibited and is unlawful within elevators in buildings generally used by and open to the public, including elevators in office, hotel and multi- family buildings.

B. Hospitals and Health Care Facilities. Smoking is prohibited and unlawful in public areas of health care facilities and hospitals, as defined in Cal. Health & Saf. Code Section 1250, except in specially designated smoking areas, which may be all or part of a public area.

C. Public Meeting Rooms. Smoking is prohibited and is unlawful in hearing rooms, conference rooms, chambers, and places of public assembly in which public business is conducted.

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.

F. Service Lines. Smoking is prohibited and is unlawful in service lines in which more than one (1) 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.

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, beach, or the oceanfront 24-210

Ordinance No. 2023-

boardwalk, while the person is located on public property. This prohibition shall not apply to a person 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 City."
Section 397: Section 6.25.025 (Regulation of Smoking in Restaurants) of Chapter 6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby deleted in its entirety and replaced with Section 6.25.025 (Disposal where Smoking is Prohibited), which shall read as set forth in the quotations below:
"Section 6.25.025 Disposal where Smoking is Prohibited.

No person shall dispose of any cigarette, cigar, tobacco, or any other instrument used to smoke or any 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 in a 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 by law."
Section 398: Section 6.25,030 (Regulation of Smoking in Places of Employment) of Chapter 6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby deleted in its entirety.

Section 399: Section 6.25.050 (Structural Modifications Not Required) of Chapter

6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby deleted in its entirety.

Section 400: Section 6.25.060 (Penalties) of Chapter 6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby amended to read as follows:

6.25.060 Penalties.

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.

Section 401: Section 6.25.070 (Severability) of Chapter 6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby deleted in its entirety.

Section 402: Section 7.04.010 (Definitions) of Chapter 7.04 (Dogs) of Title 7 of the Code is hereby amended to read as follows:
24-211

Ordinance No. 2023-

7.04.010 Definitions.

For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.
"Dog" means 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.

Section 403: Section 7.04.020 (Leash Required) of Chapter 7.04 (Dogs) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:

7.04.020 Leash Required.

No person having the care, charge or control of any dog shall cause or allow, either willfully 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 six (6) 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."
Section 404: Section 7.04.025 (Prohibited on School Grounds) of Chapter 7.04 (Dogs) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:
24-212

Ordinance No. 2023-

7.04.025 Prohibited on School Grounds.

No person having the care, charge or control of any dog shall cause or allow, either willfully 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."
Section 405: Subsection (D) of Section 7.04.030 (Animals Prohibited on Public Beaches) of Chapter 7.04 (Dogs) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:
"D. The provisions of this section shall not be applicable to- 1 . Any animal enrolled and participating in obedience classes offered by the Recreation and Senior Services Department of the City or event for which the City has issued a special event permit that allows dogs on the beach;

2. 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

3. Any State, federal or local government law enforcement officer while performing their duties."
Section 406: Subsection (D) of Section 7.04.050 (Dogs Prohibited) of Chapter

7.04 (Dogs) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:
"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." Section 407: Section 7.04.100 (Biting Dog —Report —Custody Control) of Chapter 7.04 (Dogs) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:
24-213

Ordinance No. 2023-

7.04.100 Biting Dog--Report—Custody and Control.

Upon receiving a report from any person who has been bitten by a dog, or from any person who has witnessed such occurrence, or has witnessed a dog who has bitten another dog, a Newport Beach Animal Control Officer shall notify the owner, possessor or custodian of the biting dog, in writing. If the Animal Control Officer believes the dog may be potentially dangerous to the community, he/she may require the owner to keep such dog at all times on the property or premises where such owner, possessor or custodian resides, or on the property or premises of any person to whom the custody of such dog may be given, and to securely hold the dog or cause the dog to be securely held by a leash or other device or means, so as to prevent the dog from wandering, straying or getting beyond the control of its custodian.

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. Food & Agr. 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."
Section 408: Section 7.06.010 (Horses Prohibited on Beaches and Parks) of Chapter 7.06 (Horses Prohibited on Beaches) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:

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 person with the disability."
Section 409: Section 7.06.020 (Penalty) of Chapter 7.06 (Horses Prohibited on Beaches) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:
°7.06.020 Penalty.
24-214

Ordinance No. 2023-

It shall be unlawful for any person to violate or fail to comply with the provisions of Section 7.06.010 of this Code. Any person violating or failing to comply with any of the provisions of said section shall be guilty of an infraction." Section 410: Section 7.08.010 (Wild Animal Defined) of Chapter 7.08 (Wild Animals) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:

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 14 CCR Section 671. This section shall not be construed to include domestic dogs or cats."
Section 411:Subsections (C) and (D) of Section 7.08.040 (Permit for Keeping Wild Animals) of Chapter 7.08 (Wild Animals) of Title 7 of the Code are hereby amended to read as set forth in the quotations below-
"C. Conditions —Issuance. The Chief of Police may issue a permit, valid for one (1) year, for the keeping of any wild animal if the Chief of Police determines that such animal may be kept or maintained without menacing the safety of any person or property; provided, however, that the Chief of Police may impose such conditions in granting a permit as the Chief of Police 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."
Section 412: Section 7.15.020 (Pigeons) of Chapter 7.15 (Fowl) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:
"7.15.020 Pigeons.

No person shall keep, maintain or have in his possession within any residential district in the City any homing or racing pigeons without first obtaining a permit from the City Manager as provided in Section 7.08.040 of this Code."
24-215

Ordinance No. 2023-

Section 413: The Table of Contents for Chapter 7.16 (Animals at Large — impounding) of Title 7 of the Code is hereby amended to read as follows:

Chapter 7.16
ANiIMALS 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.

Section 414: Section 7.16.070 (Penalty) of Chapter 7.16 (Animals at Large — Impounding) of Title 7 of the Code is hereby deleted in its entirety.

Section 415: Subsection (C) of Section 7.20.020 (Nuisances Committed by Animals) of Chapter 7.20 (Animal Nuisances) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:
"C. The provisions of this section shall not be applicable to:

1. Any animal enrolled and participating in obedience classes offered by the City or in any show for which the City has issued a special event permit;

2. Any guide dog or service dog, as defined by Section 7.04.010, while being used by a blind person."
Section 416:Section 7.25.010 (Keeping of Apiaries —Prohibited) of Chapter 7.25 (Apiaries) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:

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 Cal.

Food & Agr. Code Section 29002 in any residential area within the City." Section 417: The Table of Contents for Chapter 7.26 (Protection of Natural Habitat for Migratory and Other Waterfowl) of Title 7 of the Code is hereby amended to read as follows:

Chapter 7.26

PROTECTION OF NATURAL HABITAT FOR MIGRATORY AND OTHER

WATERFOWL
24-216

Ordinance No. 2023-

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.

Section 418: Section 7.26.040 (Violation Subject to Administrative Citation) of Chapter 7.26 (Protection of Natural Habitat for Migratory and Other Waterfowl) of Title 7 of the Code is hereby deleted in its entirety.

Section 419: Section 7.26.050 (First and Second Violations —Warning and Education) of Chapter 7.26 (Protection of Natural Habitat for Migratory and Other Waterfowl) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:

7.26.050 First and Second Violations —Warning and Education.

Prior to the issuance of any administrative citation, 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."
Section 420:The Table of Contents for Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is hereby amended to read as follows:
24-217

Chapter 7.35

REGULATION OF KENNELS
Sections:

Ordinance No. 2023-

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.

Section 421:Section 7.35.010 (Definitions) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is hereby amends the definition as follows:

7.35.010 Definitions.

Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
"Cat" means any cat or feline.
"Commercial kennel" means any place where more than three (3) dogs over the age of four (4) months, three (3) cats over the age of four (4) months, or three (3) other animals are treated, conditioned, boarded, raised or offered for sale for any form of compensation, including, but not limited to, donations by any person or entity. The definition of commercial kennel shall not include a kennel operated by a State -licensed veterinarian or any pet store.
"Dog" means any dog or any canine.
"Kennel" means any commercial kennel, non-profit kennel or private kennel. 24-218

Ordinance No. 2023-

"Non-profit kennel" means any place owned or operated by a non-profit organization where more than three (3) dogs over the age of four (4) months, three (3) cats over the age of four (4) months, or three (3) other animals are treated, conditioned, boarded, or raised and whose function is to rescue, care, feed and place animals with the public either for no compensation or for donations. The definition of a non-profit kennel shall not include a location operated by a State -licensed veterinarian or any pet store. "Non-profit organization" means a non-profit organization, as defined in Int. Rev. Code Section 501(c)(3).
"Operator" means the legal owner, permit holder, or person in actual control of any activity involving animals at a kennel.
"Owner" means the actual custodian of an animal, whether or not that person is the legal owner, the caretaker, or merely the possessor of an animal. Any person who is registered as the owner on a license or other legal document shall be deemed an owner of the animal.
"Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch.
"Private kennel" means any place where more than three (3) dogs over the age of four (4) months, three (3) cats over the age of four (4) months, or three (3) other animals are treated, conditioned, boarded, or raised for which no compensation is received, including, but not limited to, donations by any person or entity. The definition of private kennel shall not include a location operated by a State -licensed veterinarian or any pet store.
"Run" means the floor surface and cage, exclusive of the sleeping box, used to contain or maintain dogs, cats or other animals.

Section 422: Section 7.35.040 (Police Department Review) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:
"A. Time Limits and Notification. Within thirty (30) 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 24-219

Ordinance No. 2023-

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) 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 Chief of Police and the applicant." Section 423: Subsection (A)(1) of Section 7.35.050 (Operator's Permit Issuance and Denial) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:
"1. 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. Pen.

Code Sections 597, 597a, 597b, 597c, 597e, 597f, 597g, 597h, 597i, 597}, 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 contenders to any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;"
Section 424: Subsections (A)(5), (A)(10), (13)(2) and (B)(5) of Section 7.35.060 (Requirements of Operation) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code are hereby amended to read as set forth below:

Subsection (A)(5) of Section 7.35.060 shall read as set forth in the quotations below:
"5. The operator shall report in writing any changes in address, ownership, or management to the Chief of Police at least fifteen (15) days prior to such change." Subsection (A)(10) of Section 7.35.060 shall read as set forth in the quotations below:
"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 for the purpose of conducting such inspections as he/she may deem required. The inspections shall be conducted with the operator or manager present."
Subsection (B)(2) of Section 7.35.060 shall read as set forth in the quotations below:
"2. The operator shall report in writing any changes in address to the Chief of Police at least fifteen (15) days prior to such change."
24-220

Ordinance No. 2023-

Subsection (B)(5) of Section 7.35.060 shall read as set forth in the quotations below:
"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 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."
Section 425: Subsection (C) of Section 7.35.090 (Kennel Operating Standards — General) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:
"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 may order any animal to be examined and/or treated by a veterinarian." Section 426: Section 7.35.170 (New/Existing Permittees) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is hereby deleted in its entirety.

Section 427: Subsection (C) of Section 7.35.180 (Transfer and Duration of Permits) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:
"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) days prior to the expiration of the permit to prevent a lapse of the permit."
Section 428: Subsection (C)(1) of Section 7.35.190 (Suspension, Revocation, Denial and Appeal) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is hereby amended to read as set forth in the quotations below:

1. The right to appeal to an Administrative Hearing Officer shall terminate upon the expiration of fifteen (15) days of the date of mailing of the notice. The notice of appeal is to be sent to the Police Department."
Section 429: Section 9.04.040 (Amendment of Section 113.4 Failure to Comply) of Chapter 9.04 (Fire Code) of Title 9 of the Code is hereby amended to read as set forth in the quotations below:
"9.04.040 Amendment of Section 113.4 Failure to Comply. 24-221

Ordinance No. 2023-

Section 113.4 is amended to read as follows:

Section 113.4 Failure to comply. No person 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."
Section 430: Without making any other changes to the other definitions set forth in Section 9.04.050, the definition "LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE" within Section 9.04.050 (Amendment to Section 202 Definitions) of Chapter 9.04 (Fire Code) of Title 9 of the Code is hereby amended to read as set forth in the quotations below:
"LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A
geographical area designated in accordance with the Cal. Gov. Code Section 51179, and by City 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 Code, Local Agency Very High Fire Hazard Severity Zones shall be considered to be Very High Fire Hazard Severity Zones as defined in Cal. Gov. Code Section 51179."
Section 431: Subsections (305.8.1.1 Notice), (305.8.3 Service of notice), (305.8.4 Appeal), (305.8.5 Abatement hearing procedure), (305.8.7 Emergency private property abatement) and (305.8.8 Abatement costs) of Section 9.04.060 (Amendment to Section 305 Ignition Sources) of Chapter 9.04 (Fire Code) of Title 9 of the Code are hereby amended to read as set forth below:

Subsection 305.8.1.1 (Notice) of Section 9.04.060 shall read as set forth in the quotations below:
"305.8.1.1 Notice. Uncontrolled or high weeds, brush, plant material, fire hazards, or other items prohibited under this Code 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) 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."
24-222

Ordinance No. 2023-

Subsection 305.8.3 (Service of notice) of Section 9.04.060 shall read as set forth in the quotations below:
"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) days prior to the date of the proposed abatement.

Failure of any property owner, or any party concerned to receive a notice shall not affect the validity of any proceeding taken if the procedure for service of notice has been followed."
Subsection 305.8.4 (Appeal) of Section 9.04.060 shall read as set forth in the quotations below:
°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) days 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 this Code."
Subsection 305.8.5 (Abatement hearing procedure) of Section 9.04.060 shall read as set forth in the quotations below:
"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 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. 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) days." Subsection 305.8.7 (Emergency private property abatement) of Section 9.04.060 shall read as set forth in the quotations below:
"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 24-223

Ordinance No. 2023-

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) days from the date of mailing the notice of work performed."
Subsection 305.8.8 (Abatement costs) of Section 9.04.060 shall read as set forth in the quotations below:
"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, 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 Office.

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. 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) days 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) 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 Cal. Gov. Code Section 38773.5, which is incorporated herein by this reference."
Section 432: Subsections (5) and (6) of Section 9.04.280 (Amendments to Section 903.2.8 Group R) of Chapter 9.04 (Fire Code) of Title 9 of the Code are hereby amended to read as set forth in the quotations below:
"5. Pursuant to Cal. Health & Saf. Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with 24-224

Ordinance No. 2023-

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.

6. Pursuant to Cal. Health & Saf. 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 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 903.3.1.2 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." Section 433: Section 9.04.440 (Amendments to Section 5704.2.11.1) of Chapter

9.04 (Fire Code) of Title 9 of the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 434: Section 9.04.470 (Local Agency Very High Fire Hazard Severity Zone) of Chapter 9.04 (Fire Code) of Title 9 of the Code is hereby amended to read as set forth in the quotations below:
"9.04.470 Local Agency Very High Fire Hazard Severity Zone.

The City designates those areas identified in green on the map attached to Ordinance 2022-27, which is on file with the City Clerk, as the Local Agency Very High Fire Hazard Severity Zone for the City in accordance with Cal. Gov. Code Section 51179." Section 435:The Table of Contents for Title 10 (Offenses and Nuisances) of the Code is hereby amended to read as follows:
24-225

Ordinance No. 2023-

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

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 Cannabis Regulations
Section 436: Section 10.04.010 (Drinking in Public) of Chapter 10.04 (Intoxicating Liquor) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"10.04.010 Drinking in Public.

A. No person shall drink or consume any alcoholic beverage, 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 facility 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 24-226

Ordinance No. 2023-

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 facility in the area commonly 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 lawfully permitted eating and drinking 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." Section 437: Section 10.06.010 (Human Waste) of Chapter 10.06 (Human Waste) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"10 U10 Human Waste.

No person shall urinate or defecate 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."
Section 438: Section 10.08.005 (Definitions) of Chapter 10.08 (Interference with Public Access) of Title 10 of the Code is hereby amended to read as set forth below:
°10.08.005 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section:
"Cancer treatment center" means a facility for the treatment of cancer located in a mixed -use horizontal zone.
24-227

Ordinance No. 2023-

"College" means an institution of higher education, including a community or junior college, college or university including, but not limited to, Orange Coast College and Coastline College.
"Day care center" shall have the same meaning as set forth in Section 1.08.120. "Public rights -of -way" or "public right-of-way" means the area or areas on, below, or above a public roadway, public highway, public street, public sidewalk, public alleyways, or a utility easement in which the City has interest.
"School" shall have the same meaning as set forth in Section 1.08.120.

Section 439: Subsections (13)(5), (B)(6), (C)(6), (C)(7) and (D) of Section

10.08.030 (Use of Public Property for Commercial Purposes) of Chapter 10.08 (Interference with Public Access) of Title 10 of the Code are hereby amended as set forth below:

Subsections (B)(5) and (B)(6) of Section 10.08.030 shall read as set forth in the quotations below.
"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 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. Veh. 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 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. Veh. Code and, the event, celebration or activity is consistent with Council Policy;"
Subsections (C)(6) and (C)(7) of Section 10.08.030 shall read as set forth in the quotations below:
°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;

7. The sponsor of the celebration or event shall provide insurance, which types and amounts shall be determined by the Risk Manager."
Subsection (D) of Section 10.08.030 shall read as set forth in the quotations below:
24-228

Ordinance No. 2023-

"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 pursuant to resolution or permit."
Section 440:The Table of Contents for Chapter 10.12 (Interfering with Law Enforcement) of the Code is hereby amended to read as follows:

Chapter 10.12

INTERFERING WITH LAW ENFORCEMENT
Sections:

10.12.010 False Report to Police/Animal Control Officer.

10.12.020 Interference.

Section 441: Section 10.12.020 (Interference) of Chapter 10.12 (Interfering with Law Enforcement) of Title 10 of the Code is hereby added to read as follows:
"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.,
Section 441: The definition of "Public park" or "park facility" set forth in Section

10.14.010 (Definitions) of Chapter 10.14 (Prohibition Against Camping in Public Places) of Title 10 of the Code is hereby amended to read as follows:
"Public park" or "park facility" shall have the same meaning as set forth in Section

1.08.120.

Section 442:Section 10.16.010 (Gambling Prohibited) of Chapter 10.16 (Gambling) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"10.16.010 Gambling Prohibited.

It shall be unlawful for any person to play or bet at or against any game not mentioned in Cal. Pen. Code 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."
Section 443: Section 10.16.020 (Use of Premises for Gambling) of Chapter

10.16 (Gambling) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
24-229

Ordinance No. 2023-

"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 Cal. Pen. Code 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."
Section 444: Section 10.16.030 (Operating Gambling Place) of Chapter 10.16 (Gambling) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"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 Cal. Pen. Code 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." Section 445: Section 10.24.010 (Discharge of Weapons —Permission Required) of Chapter 10.24 (Discharge of Weapons) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"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 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 person."
Section 446:The Table of Contents for Chapter 10.26 (Community Noise Control) of Title 10 of the Code is hereby amended to read as follows:
24-230

Chapter 10.26

COMMUNITY NOISE CONTROL
Sections:

Ordinance No. 2023-

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.

Section 447: Subsection (B) of Section 10.26.005 (Declaration of Policy) of Chapter 10.26 (Community Noise Control) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"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 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."
Section 448: Section 10.26.010 (Definitions) of Chapter 10.26 (Community Noise Control) of Title 10 of the Code is hereby amended to remove the following definition:
"Person" means any individual, firm, partnership, association, corporation, company or organization of any kind, including public agencies.
24-231

Ordinance No. 2023-

Section 449: Section 10.26.100 (Severability) of Chapter 10.26 (Community Noise Control) of Title 10 of the Code is hereby deleted in its entirety.

Section 450: Subsection (M) of Section 10.28.010 (Loud and Unreasonable Noise) of Chapter 10.28 (Loud and Unreasonable Noise) of Title 10 of the Code is hereby deleted in its entirety.

Section 451: Subsection (D) of Section 10.28.020 (Loud and Raucous Noise from Sound -Making or Amplifying Devices Prohibited) of Chapter 10.28 (Loud and Unreasonable Noise) of Title 10 of the Code is hereby deleted in its entirety.

Section 452: Section 10.28.040 (Construction Activity —Noise Regulations) of Chapter 10,28 (Loud and Unreasonable Noise) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"10.28.040 Construction Activity —Noise Regulations.

A. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, unless authorized to do so in accordance with subsection (B) of this section.

B. The provisions of subsection (A) of this section shall not apply to the following:

1. Work performed on any weekday, which is not a federal holiday, between the hours of 7:00 a.m. and 6:30 p.m.

2. Work performed on a Saturday, in any area of the City that is not designated as a high -density area, between the hours of 8:00 a.m. and 6:00 p.m.

3. Emergency work performed pursuant to written authorization of the Community Development Director.

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, or its employees, contractors or agents, unless:
a. The City Manager or department director determines that the maintenance, repair or improvement is immediately necessary to maintain public services; b. The maintenance, repair or improvement is of a nature that cannot feasibly be conducted during normal business hours; or
24-232

Ordinance No. 2023-

c. The City Council has approved project specifications, contract provisions, or an environmental document that specifically authorizes construction during hours of the day which would otherwise be prohibited pursuant to this section.

C. No landowner, construction company owner, contractor, subcontractor, or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section.

D. Designated High -Density Area. The term "designated high -density area" shall mean any shaded area on the map on file in the City Clerk's Office designated as a High -Density Areas. (See, Maps`). The geographical boundaries of a homeowners' association, as defined in subsection (E) 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 (E) 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:

1. The board of directors of the homeowners' association votes to approve a resolution or letter declaring its desire to exempt its geographical boundaries from the definition of a designated high -density area;

2. The board of directors submits the approved resolution or letter to the City Clerk for consideration by the City Council; and

3. The City Council adopts a resolution finding that exempting the geographical boundaries of the homeowners' association from the definition of a designated high - density area will not negatively affect surrounding property owners.

For the purpose of this subsection, a 'homeowners' association' means an organization consisting of at least thirty (30) voting members whose properties connect in a contiguous manner and whose operation is governed by a board of directors." Section 453: Subsection (F) of Section 10.28.045 (Real Property Maintenance — Noise Regulations) of Chapter 10.28 (Loud and Unreasonable Noise) of Title 10 of the Code is deleted in its entirety and Subsection (E)(1) of Section 10.28.045 (Real Property Maintenance —Noise Regulations) is amended to read as set forth in the quotations below:

I. Emergency property maintenance authorized by the Community Development Director;"
24-233

Ordinance No. 2023-

Section 454: Subsections (A), (C) and (D) of Section 10.32.040 (Issuance of Permit) of Chapter 10.28 (Sound -Amplifying Equipment) of Title 10 of the Code are hereby amended to read as set forth below:

Subsection (A) of Section 10.32.040 shall read as set forth in the quotations below.
"A. Upon receiving a complete application for a permit for the use of sound -amplifying equipment or a sound truck, the Finance Director 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 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 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 six (6) months." Subsections (C) and (D) of Section 10.32.040 shall read as set forth in the quotations below:
"C. Specification of Hours. If a permit is granted, the Finance Director 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 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. 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."
Section 455: Section 10.36.020 (Definition) of Chapter 10.36 (Minor's Curfew) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 456: Chapter 10.40 (Interference with Radio Reception) of Title 10 of the Code is hereby deleted in its entirety.
24-234

Ordinance No. 2023-

Section 457:Chapter 10.45 (Hotel --Loitering) of Title 10 of the Code is hereby deleted in its entirety.

Section 458: Section 10.48.010 (Definitions) of Chapter 10.48 (Weed and Rubbish Abatement) of Title 10 of the Code is hereby amended to read as follows:

10.48.010 Definitions.

Weeds. The term "weeds" shall mean weeds which when mature bear the wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry or which are otherwise noxious or dangerous.

Section 459: Subsection (E) of Section 10.48.020 (Authority to Declare Nuisance and Abate) of Chapter 10.48 (Weed and Rubbish Abatement) of Title 10 of the Code is hereby added to read as set forth in the quotations below:
"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."
Section 460. Subsection (B) of Section 10.48.030 (Notice of Nuisance) of Chapter 10.48 (Weed and Rubbish Abatement) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"B. Notice of Abatement Proceedings. Whenever the Fire Marshal 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." Section 461: Subsections (A) and (G) of Section 10.48.040 (Hearing Procedure) of Chapter 10.48 (Weed and Rubbish Abatement) of Title 10 of the Code are hereby amended to read as set forth below:

Subsection (A) of Section 10.48.040 shall read as set forth in the quotations below:
"A. The City Manager shall only consider evidence that is relevant to whether a nuisance existed and whether the property owner caused or maintained the nuisance." Subsection (G) of Section 10.48.040 shall read as set forth in the quotations below:
24-235

Ordinance No. 2023-

"G. A hearing before the City Manager shall be set for a date that is not less than ten (10) 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 (5) days prior to the date of the hearing." Section 462:Section 10.48.050 (Appeal Decision) of Chapter 10.48 (Weed and Rubbish Abatement) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"10.48.050 Appeal Decision.

A. After considering all the testimony and evidence submitted at the appeal hearing, the City Manager 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 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 shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc, Section 1094.5. The decision shall be served on the property owner in accordance with Section 1.08.080 within forty-eight (48) hours of the hearing."
Section 463: Subsection (B) of Section 10.48.060 (Abatement Costs) of Chapter

10.48 (Weed and Rubbish Abatement) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"B. The Fire Chief 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."
Section 464: Section 10.50.010 (Definitions) of Chapter 10.50 (Public Nuisance Abatement) of Title 10 of the Code is hereby amended to remove the following definitions:
"City Clerk" means the City Clerk of the City of Newport Beach or his or her designee. "City Manager" means the City Manager of the City of Newport Beach or his/her designee, including, without limitation, a Hearing Officer designated by the City Manager to conduct proceedings pursuant to this chapter. 24-236

Ordinance No. 2023-

Section 465: Subsections (B) and (1) of Section 10.50.020 (Nuisance) of Chapter

10.50 (Public Nuisance Abatement) of Title 10 of the Code are hereby amended to read as set forth below:

Subsection (B) of Section 10.50.020 shall read as set forth in the quotations below:
"B. Any swimming pool, spa, pond, fountain or other body of water that is allowed to become stagnant, unsanitary or unsafe,"
Subsection (1) of Section 10.50.020 shall read as set forth in the quotations below:

1. A violation of any provision of this Code;"
Section 466: Section 10.50.110 (Hearing on Assessment) of Chapter 10.50 (Public Nuisance Abatement) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"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." Section 467: Section 10.50.160 (Alternative Actions) of Chapter 10.50 (Public Nuisance Abatement) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
°10.50.160 Alternative Actions.

A. 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, or any other legal agency having jurisdiction.

B. The prevailing party in any judicial action or administrative proceeding to abate a nuisance shall recover the attorneys' fees and costs incurred as follows:

1. The recovery of attorneys' fees shall be limited to those individual judicial actions or administrative proceedings in which the City elects, at the initiation of the 24-237

Ordinance No. 2023-

individual judicial action or administrative proceeding, to seek recovery of its own attorneys' fees; and

2. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the reasonable attorneys' fees incurred by the City in the judicial action or administrative proceedings; and

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 chapter."
Section 468:The Table of Contents for Chapter 10.52 (Abandoned or Wrecked Vehicles) of Title 10 of the Code is hereby amended to read as follows:

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.

10.52.065 Notice to Department of Motor Vehicles.

Section 469: Section 10.52.020 (Exceptions) of Chapter 10.52 (Abandoned or Wrecked Vehicles) of Title 10 of the Code is hereby amended to read as set forth in the quotations below;
"10.52.020 Exceptions.
24-238

Ordinance No. 2023-

This chapter shall not apply to:

A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or B. A vehicle or part thereof which is stored or parked in a lawful manner or private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

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. Code and this chapter." Section 470: Subsection (B) of Section 10.52.045 (Removal/Without Hearing) of Chapter 10.52 (Abandoned or Wrecked Vehicles) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"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 Cal. Veh, Code Section 22855, 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 Cal. Veh. Code Sections 22661 and 22662; or' Section 471: Section 10.52.050 (Hearing Procedures) of Chapter 10.52 (Abandoned or Wrecked Vehicles) of Title 10 of the Code is hereby amended to read as follows:
"10.52.050 Hearing Procedures.

A. Upon a timely request for hearing, a public hearing shall be held by and before the City Manager. The City Manager 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 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 24-239

Ordinance No. 2023-

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 may impose such conditions, or take such action, as the City Manager deems appropriate under the circumstances to carry out the purposes of this chapter. The City Manager may delay the time for removal of the vehicle or parks.

C. The City Manager 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."
Section 472:Section 10.52.055 (Removal —When Authorized) of Chapter 10.52 (Abandoned or Wrecked Vehicles) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"10.52.055 Removal —When Authorized.

Five (5) days after adoption of the order declaring the vehicle or parts to be a public nuisance, or five (5) 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 Cal. Veh. Code, in which case the vehicle may be reconstructed or made operable." Section 473: Section 10.52.060 (Assessment of Costs of
RemovallAdministration) of Chapter 10.52 (Abandoned or Wrecked Vehicles) of Title 10 of the Code is hereby amended to read as set forth in the quotations below. °10.52.060 Assessment of Costs of Rem ovallAdministration.

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 24-240

Ordinance No. 2023-

or part was located and pursuant to Cal. Gov. Code Section 38773.5 and shall be transmitted to the tax collector for collection."
Section 474: Section 10.52.070 (Severability) of Chapter 10.52 (Abandoned or Wrecked Vehicles) of Title 10 of the Code is hereby deleted in its entirety.

Section 475, Chapter 10.56 (Drug Paraphernalia) of Title 10 of the Code is hereby deleted in its entirety.

Section 476:The Table of Contents for Chapter 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property) of Title 10 of the Code is hereby amended to read as follows:

Chapter 10.58

POLICE SERVICES AT LARGE PARTIES, GATHERINGS 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.

Section 477: Section 10.58.020 (Definitions) of Chapter 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property) of Title 10 of the Code is hereby amended to remove the following definition:
"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the private property.

Section 478: Section 10.58.030 (Police Services at Large Parties, Gatherings or Events Requiring Second Subsequent Responses) of Chapter 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent Responses.

A. No person shall promote, host, organize or otherwise allow a large party, gathering or event to occur on private property which is determined by a Police Officer to threaten the public peace, health, safety or general welfare of the neighborhood or surrounding community.
24-241

Ordinance No. 2023-

B. The person responsible for the large party, gathering or event will be held liable for civil fines in amounts established by resolution of the City Council, for a special security assignment by the police, to control the threat to the public peace, health, safety or general welfare, at any time within any twelvemonth period after a first written warning.

C. In the case of a large party, gathering or event on private property in the West Newport Safety Enhancement Zone during the period that the designation is in effect, the person or persons responsible for the party, event or gathering, the occupant or occupants of the property and the owner or owners of the property are, jointly and severably, responsible for immediately complying with a request from any law enforcement officer to terminate all unruly or illegal behavior on the property and shall be responsible, in addition to other fines and penalties provided by this chapter, for the payment of a fine in the amount of three hundred dollars ($300.00) for each full ten minute segment that unruly or illegal conduct continues past the time that the law enforcement officer requests termination.

The initial call, or any subsequent call, may also result in the arrest and/or citation of violators of the Cal. Pen. Code or other local regulations." Section 479: Subsection (B) of Section 10.58.040 (Procedures for Imposition of Civil Fines) of Chapter 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 480: Section 10.58,050 (Confidentiality) of Chapter 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property) of Title 10 of the Code is hereby deleted in its entirety.

Section 481: Section 10.58.060 (Severability) of Chapter 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property) of Title 10 of the Code is hereby deleted in its entirety.
24-242

Ordinance No. 2023-

Section 482: Subsections (4) and (5) of Section 10.59.010 (Purpose) of Chapter

10.59 (Graffiti) of Title 10 of the Code are hereby amended to read as set forth in the quotations below:
"4. This chapter is consistent with provisions of the Cal. Gov. Code which authorizes the enactment of ordinances to provide for the use of City funds to remove graffiti (Cal.

Gov. Code Section 53069.3), and to pay rewards (Cal. Gov. Code Section 53069.5).

5. This chapter is intended to be complimentary to and not in conflict with Cal. Pen.

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." Section 483: Subsection (7) of Section 10.59.020 (Definitions) of Chapter 10.59 (Graffiti) of Title 10 of the Code is hereby deleted in its entirety.

Section 484: Subsections (A), (B), (C) and (E)(2) of Section 10.59.090 (Abatement and Cost Recovery Proceedings) of Chapter 10.59 (Graffiti) of Title 10 of the Code are hereby amended to read as set forth below:

Subsections (A), (8) and (C) of Section 10.59.090 shall read as set forth in the quotations below.
"A. Notice. The City Manager 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:

1. By personal service on the owner, occupant or person in charge or control of the property; or

2. By sending a copy of such notice by registered or certified mail addressed to the owner or person in charge or control of the property, at the address shown on the last available assessment roll, or as otherwise known.

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) 24-243

Ordinance No. 2023-

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 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 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 as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5." Subsection (E)(2) of Section 10.59.090 shall read as set forth in the quotations below:
"2. Pursuant to Cal. Gov. 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." Section 485: Section 10.59.100 (Reward) of Chapter 10.59 (Graffiti) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"10.59.100 Reward.

Pursuant to Cal. Gov. 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 willfully applying graffiti to any surface located on private or public property. 24-244

Ordinance No. 2023-

In the event of multiple contributors of information, the reward shall be divided by the City in the manner it shall deem appropriate. For the purpose of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

No Law Enforcement Officer, municipal officer, official employee of the City shall be eligible for a reward made pursuant to this section."
Section 486: The Table of Contents for Chapter 10.60 (Regulation of Display of Material, which is Harmful to Minors in a Public Place) of Title 10 of the Code is hereby amended to read as follows:

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.

Section 487: Section 10.60.020 (Definitions) of Chapter 10.60 (Regulation of Display of Material, which is Harmful to Minors in a Public Place) of Title 10 of the Code is hereby amended to read as follows:

10.60.020 Definitions.

As used in this chapter:

A. "Harmful matter" shall be defined as specified in Cal. Pen Code Section 313(a); B. "Matter" shall be defined as specified in Cal. Pen. Code Section 313(b); C. "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.

Section 488: Section 10.60.040 (Enforcement) of Chapter 10.60 (Regulation of Display of Material, which is Harmful to Minors in a Public Place) of Title 10 of the Code is hereby deleted in its entirety.
24-245

Ordinance No. 2023-

Section 489:The Table of Contents for Chapter 10.64 (Construction and Maintenance Projects in Residential Districts) of Title 10 of the Code is hereby amended to read as follows:

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.

10.64.050 Construct! onlMaintenance 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.

Section 490: Subsections (B) and (C) of Section 10.64,030 (Construction and Maintenance Projects —Regulations) of Chapter 10.64 (Construction and Maintenance Projects in Residential Districts) of Title 10 of the Code are hereby amended to read as follows:
"B. Upon completion or abandonment of a construction or maintenance project, it shall be removed from the lot within fifteen (15) days.

C. Nothing in this chapter shall prevent the enforcement of any other provision of the 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." Section 491: Section 10.64.040 (Penalty) of Chapter 10.64 (Construction and Maintenance Projects in Residential Districts) of Title 10 of the Code is hereby deleted in its entirety.

Section 492: Subsection (E) of Section 10.64.050 (Construction/Maintenance Project Permits) of Chapter 10.64 (Construction and Maintenance Projects in Residential Districts) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"E. No construction/maintenance project permit shall be issued for a period in excess of six (6) months. A permit may not be extended beyond the initial six-month period unless the Community Development Director 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 24-246

Ordinance No. 2023-

initial constructionlmaintenance 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 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:

1. That the full six-month period is unnecessary given the anticipated scope of the construction or maintenance project;

2. That any period of time in excess of that prescribed by the Community Development Director 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 were completed in a period of time less than the six- month maximum."
Section 493: Section 10.64.060 (Approval, Denial, Revocation of Construction/Maintenance Project Permits) of Chapter 10.64 (Construction and Maintenance Projects in Residential Districts) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"10.64.060 Approval, Denial, Revocation of ConstructionlMaintenance Project Permits.

A. The Community Development Director 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 this Code, State or federal law;

2. The Community Development Director 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
con structionlmaintenance project permit,
determines any of the following:

Director may deny or revoke
or the application for the same, if he

1. Continued activity under the constructionlmaintenance project permit will violate Federal, State or local law;
24-24 7

Ordinance No. 2023-

2. Activity under the construction/maintenance project permit constitutes a violation of any other provision of this Code;

3. Abandonment of the construction or maintenance project has occurred;

4. There has been any material deviation from the precise nature, location, scope of work or estimated date for completion as described on the construction/maintenance project permit application during the tenure of the construction/maintenance project permit; or

5. The permittee has made any misrepresentation regarding the precise nature, location, scope of work or estimated date of completion on the construction/maintenance project permit application.

D. The procedure for revocation of a construction/maintenance project permit shall require that the Community Development Director 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 constructionlmaintenance 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."
Section 494: Subsections (A), (E), (F), (G), (1), (J) and (K) of Section 10.64.070 (Appeal of Denial or Revocation of Construction/Maintenance Project Permit) of Chapter

10.64 (Construction and Maintenance Projects in Residential Districts) of Title 10 of the Code are hereby amended to read as set forth below:

Subsection (A) of Section 10.64.070 shall read as set forth in the quotations below.
"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 Development Director shall render that decision final." Subsections (E), (F) and (G) of Section 10.64.070 shall read as set forth in the quotations below.-
"E. The Hearing Officer shall only consider evidence that is relevant to whether the Community Development Director has properly denied or notified the permittee of their intent to revoke the construct! onlmaintenance project permit pursuant to this chapter. 24-248

Ordinance No. 2023-