ORDINANCE NO. 2598 (N.C.S.)
AN ORDINANCE UPDATING CHAPTER 5 OF THE SALINAS MUNICIPAL CODE
AND RECODIFYING VARIOUS CHAPTERS AND ARTICLES THEREOF
City Attorney Analysis
The proposed Ordinance continues the comprehensive update of the City Code. This proposed Ordinance results in the recodification of several Chapters and Articles, but does not change any of the content of any of the affected Articles or Chapters. As it currently exists and is codified, Chapter13A ("Fireworks") is the result of an initiative approved by Salinas's voters in 2016.
Chapter 13A cannot be amended without voter approval. Similarly, existing Article IV of Chapter 6 was reviewed by the State Gaming Commission and any amendments would be subject to review by the State Gaming Commission prior to their approval by the City Council. No amendments are proposed to Article IV of Chapter 6 with this proposed Ordinance.
BE IT ORDAINED BY THE COUNCIL OF SALINAS as follows:
SECTION 1. Article II is added to Chapter 5 and shall be titled "Fireworks." SECTION 2. Chapter 13A of the Salinas Municipal Code is hereby recodified to Article II of Chapter 5 and the sections shall be consecutively numbered beginning with Section 5-02.011.
SECTION 3. Article IIl is added to Chapter 5 and shall be titled "Graffiti." SECTION 4. Chapter 14A of the Salinas Municipal Code is hereby recodified to Article III of Chapter 5 and the sections shall be consecutively numbered beginning with Section 5-03.01.
SECTION 5. Article IV is added to Chapter 5 and shall be titled "Regulation of Massage Businesses and Technicians."
SECTION 6. Chapter 16A of the Salinas Municipal Code is hereby recodified to Article IV of Chapter 5 and the sections shall be consecutively numbered beginning with Section 5-04.01.
SECTION 7. Article V is added to Chapter 5 and shall be titled "Card Rooms." SECTION 8. Article IV of Chapter 6 of the Salinas Municipal Code is hereby recodified to Article V of Chapter 5 and the sections shall be consecutively numbered beginning with Section 5-05.01.
SECTION 9. Article VI is added to Chapter 5 and shall be titled "Bingo." SECTION 10. Article V of Chapter 6 of the Salinas Municipal Code is hereby recodified to Article VI of Chapter 5 and the sections shall be consecutively numbered beginning with Section 5-06.01.
SECTION 11. Article VII is added to Chapter 5 and shall be titled "Commercial Cannabis Activity."
SECTION 12. Chapter 16B of the Salinas Municipal Code is hereby recodified to Article VII of Chapter 5 and the sections shall be consecutively numbered beginning with Section 5-07.01.
SECTION 13. Article I of Chapter 6 of the Salinas Municipal Code is hereby repealed in its entirety.
SECTION 14. Article II of Chapter 6 of the Salinas Municipal Code is hereby repealed in its entirety.
SECTION 15. Article III of Chapter 6 of the Salinas Municipal Code is hereby repealed in its entirety.
SECTION 16. Chapter 6 of the Salinas Municipal Code, currently titled "Amusements," shall be reserved for future use.
SECTION 17. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.
SECTION 18. Effective Date. This Ordinance shall take effect on the thirty-first day following its adoption.
SECTION 19. California Environmental Quality Act (CEQA). The adoption of this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that the adoption of this Ordinance there is no possibility that the activity in question may have a significant effect on the environment. [CEQA Guidelines Section 15061(b)(3).] PASSED AND ADOPTED this 5th day of September 2017, by the following vote:
AYES: Councilmembers: Barrera, Craig, Davis, De La Rosa, McShane, Villegas and Mayor Gunter
NOES: None
ABSTAIN: None
ABSENT: None
APPROVED:
Joe Gunter, Mayor
ATTEST:
Patricia M. Barajas, City Clerk
APPROVED AS TO FORM:
Chill Alad:
Christopher A. Callian, City Attorney
Proof of Publication
(2015.5 C.C.P.)
Salinas Newspapers, Inc.
123 W. Alisal St.
Salinas, CA 93901
831-754-4138/Fax: 831-754-7156
State Of California ss:
County of Monterey
Elizabeth Soto
Advertiser: SALINAS, CITY CLERK
200 LINCOLN AVE
SALINAS CA 93901
RE: City of Salinas Public Notice Chapter 5 of the
Ord 2598
Our Order # 0002397193
Net Order Cost $ 111.00
I am a citizen of the United States and a
resident of the County aforesaid; 1 am over
the age of eighteen years, and not a party to CITY OF SALINAS Public Notice
or interested in the above-entitled matter. Chapter 5 of the Salinas Mu- hereby certify that the attached nicipal Code recodifying vari- ous Chapters and Articles
advertisement appeared in said newspaper amended.
therein is hereby
on the following dates: Ordinance 2598 was intro-
duced and adopted by the Sal-
inas City Council on Septem-
Newspaper: SNA-The Salinas Californian ber 5, 2017 and shall take ef- fect thirty days after its adop-
9/13/2017 tion. For additional details
concerning the amendment
or to view the ordinance in
its entirety, contact the City
I acknowledge that I am a principal clerk of Clerk's Office at 200 Lincoln Avenue, Salinas, CA 93901,
the printer of said paper, which is published in (831) 758-7381. Hearing im- the City of Salinas, paired or TTY/TDD text tele-
phone users may contact the
State of California. The Salinas Californian is
City by dialing 711 for the
printed and published daily, except Sunday California Relay Service (CRS) and has or by telephoning any other
been adjudged a newspaper of service providers' CRS tele- general circulation by the Superior Court of phone number. the County of Monterey, State of California. Sept. 13, 2017 (2397193) El Sol is printed and published weekly on
Saturday and has been adjudged
newspaper of general circulation by the
Superior Court of Monterey, State of
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Executed on this 13 day of
RECEIVED
Sett, 2017 at Salinas, California. CITY OF SALINAS
SEP 2 5 2017
C. clar
CITY CLERK
Declarant