SF.CONU REA0:'TG A-40
TO:
I"P10M.
FOR:
5UBJECI
CITY OF I'tJCAIPA
AkiENDA RlYO RT
I onorable Mayer and City Council
Chris Mann, City Manager
City Council Meeting of April 10, 2023
Ord. No. 424 __—Date_4a�=4'A—Itecn No. 5
First reading approves oo 04 /22 t
(Date)
Waive further reading sire adopt Ord. Na. 424
Approwd By L —4 • _.
Introduction mid first Reading of Ordinance No, 424 -- Amending Chapter 12.06 Related to Obstruction, Camping. and Aggro lvc Solicitation em Public Property RECOM 1,1 EN DA11ON:
That the City Council waive full reading and introduce by title: only Onlinaoc:e No. 424. amending Chapter 12.06 related to obstruction, camping,. and aggressive solicitation on public property.
Br CKCOUND/lliWUSS1lON
The Cite of Yucaipa has not ufxlLited Is Ordinances related to obstruction of city properly, camping. or :Iggresslly Solicitaliun, despite: significalit changes in the eunst11116 titiatl IMV l.rrtdsc lP0 in the Ir+st decade.
-flee. Ordi:l;rl.cc includes the addition of latigeutge rcg4trding obstruction of public property atxi aggressive solicitation.
Obstruction of City Prop"
The Ordinance addresses the ohAnlction of public property, including streets, sidewalks, and other public rights -of -way. It prohibits obomction by sitting or lying, dawn, as well as storing, using, maintainim. or placing p(:rsonal property in a imnncr that impeder pasmgc, reduces 5ldlw alk width, or inturfcres with pvnnitwd activities. The ordirumcc alxr prohibits obstruction near sensitive areas, such as schools, daycare centers, public parks, transit stops. and public libraries, as well as within designated areas that have hccn posted with signage prohibiting obstruction, Violation of the ordinance is only enforceable Wien proper signage is pasted or after the person has seen warned about the prohibited activities,
The Ordinance :rims to maintain accessibility and safety w,tlnn public spaces, cltsurtng that sidewalks, streets, and other public rights -of -way are free from obstruction. By specifying the prohibited behaviors and 1uCiiUUClr, the ordinance uut;tttpts to WRIWC irldviduul right~ withthe nccci to rrtuintitin public order and racilitate the: rise of public spaces for their intended put•prrses. 04/24/2023 City Council Agenda 89
Aggressive Solicitation
The ('Ordinance mints to regulate solicitation in public spaces, with a particular focus on aggressive Solicitation. to Ensure tale saMt and well-being of the public. The prohibition of aggressive solicitation is de:signcd to prevent behaviors that may cause Isar, intimidation, or harrn to individuals. maintaining a sense of security and orler in public spaces. This includes actions such as Intentionally touching another person without consent, blocking or interfering with sate lmssttge, using violent or threatening g"tures, and lxrsistently following or approaching surncone afier being told not to do so.
The Ordinance also specifics locations whcrc all tylx;s of solicitation are prohibited. regardless of the manner in which thoy are condtwtedl These locations areclrusen wish tlra; intent. ofprutccting people's safety, privacy, and ability to access and usl; public spaces Aithout intcri'crence. By outlining these restrictions, tltc Ordinance attempts to bLrlanre the right to solicit --vith the need to maintain public order and protect vidricrable populations from undue pressure or harassment.
Overall, the Ordinance seeks to create a balance between allowing solicitation as a form (if expression and protecting the public from aggressive or Intrusive behaviors that may disrupt the intended use of public spaces and create an unsafe or amvelcoming environment, Enforcement
Division IV ol'tlie r1e w 0uxptcr 12.06 ilLit Ii11 y Elk; t:1llurt:cttWill 11M1tSU1e:b lvr vnllationsu tht: C Calmer.
Each violation is n•c:ated as :r separate: otfcnse Lund is subject to multiple enforcement method,, including civil enforcement, administrative cilations, civil penalties, and criminal ent6reetnem.
A. Civil enforcement: Violattons are cMisicicrcd unlawf iI and a public inoN Lice, They may be subiect tee irljtltictive relil f. nullikatioll ol'perntits. and the: disgorgenieut of any unlawfully obtained funds to the. city.
H. .Administrative citations and civil penalties: Those responsible for violations may Iace administrative citations mid fines, its "cilicd in Chapter 1.13 ol'the Code. 'Che City Attorney 174s discretion in trsillg leg,iul processes to collect uniounts owed- C. Criminal enforcement: violators may be charged with a misderneanor, punishable by Lk fine Up to 1,000 or irnprisotn lent for no more tlum sic months, or NA. 'the City Attomey may choose to prosecute violations as infractions. witli lines of up it) S 100 for the first violation, $200 for the second within one year, and $500 for the third within one year. A 1'a1,011 violation within one year must be charged as a mistlemeanor. Each day a violation continues is considered a separate offense.
This rnunic:ipal code: section provici s a comprehensive approach to enforcing the chapter, utilizing various remedies and penalties tu ensure compliance. The enforcement methods allow flexibility for the city and its officials to address vimations effectively and efficiently.
FISCAL AL IMPACT:
None.
Attachnients: Ordinance No. 424
04/24/2023 City Council Agenda 90
ORDINANCE NO.424
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING CHAPTER 12.06 RELATED TO
OBSTRUCTION, CAMPING, AND AGGRESSIVE SOLICITATION ON
PUBLIC PROPERTY
THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Municipal Code Amendment.
Chapter 12.06 is hereby amended to read in its entirety as follows:
CHAPTER 12.06
OBSTRUCTING, CAMPING, AND AGGRESSIVE SOLICITATION
DIVISION I - OBSTRUCTION
12.06.010 Obstructing public property.
A. No person shall obstruct a street, sidewalk, or other public right-of-way in any manner, including but not limited to, by sitting or lying, or by storing, using, maintaining, or placing personal property:
1. In a manner that impedes passage by reducing the width of a sidewalk to fewer than 48 inches, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time; or
2. Within 50 feet of any:
a. Operational or utilizable driveway or loading dock;
b. Operational or utilizable building entrance or exit; c. Any fire hydrant, fire plug, or other fire department connection;
3. Within the public right-of-way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the city has issued a permit.
B. No person shall obstruct any portion of any street or other public right -of- way open to use by motor vehicles, or any portion of a bike lane, bike path, or other public right-of-way open to use by bicycles, by sitting or lying, or by storing, using, maintaining, or placing personal property, anywhere within the street, bike lane, bike path, or other public right- of-way.
04/24/2023 City Council Agenda 91
C. Except as limited by subsection D, no person shall obstruct, including to sit or lie, or store, use, maintain, or place personal property, in or upon any street, sidewalk, or other public right-of-way or public property.
Within 500 feet of a sensitive use. As used in this chapter, "sensitive use" means a property used as a school, day care center, public park, transit stop or public library;
2. Within 500 feet of tunnel, bridge, pedestrian bridge, wash, flood control channel, domestic water well or pump station, common area landscaping maintained by the city, fire station, police station, reservoir, or spreading ground;
3. Within 500 feet of a facility that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center;
4. That has been posted with signage prohibiting obstruction, including through sitting or lying, or storing, using, maintaining, or placing personal property. in order to designate a section of street, sidewalk, or other public right-of-way or public property as prohibited under this subdivision, the city manager shall determine, based on specific documentation, that the circumstances of continued obstruction, including through sitting or lying, or storing personal property, or otherwise obstructing the public right-of-way at that location poses a particular and ongoing threat to public health or safety.
5. In or upon any parking area or path of travel open to the public that has been posted with signage prohibiting obstruction, including by sitting or lying, or storing, using, maintaining, or placing personal property and referencing this chapter.
D� No person shall be found to be in violation of any prohibition set forth in subsection C, unless and until either: (i) signage is posted at the designated area indicating that obstructing, including by sitting or lying, or storing, using, maintaining, or placing personal property is prohibited, or (ii) the person has been provided with a warning that obstruction, including by sitting or lying, or storing, using, maintaining, or placing personal property is prohibited in the designated area.
DIVISION II - CAMPING & STORAGE OF PERSONAL PROPERTY
12.06.020 Definitions.
Unless the particular provisions or context requires otherwise, the definitions contained in this section shall govern the construction, meaning and application of words and phrases in this chapter.
"Camp" means to pitch, sleep in, cook in or occupy camp facilities or to use camp paraphernalia for the purpose of temporary or permanent human habitation or domicile. "Camp" shall not mean 04/24/2023 City Council Agenda 92
the use of any facilities or equipment which are used solely in connection with a special event conducted in accordance with a permit issued by the city under other provisions of this code. "Carnp facilities" include, but are not limited to, tents, huts, or temporary shelters, trailers, and any other vehicle,
"Camp paraphernalia" includes, but is not limited to, collapsible shelters, cots, beds, sleeping bags, bed rolls, hammocks or barbeques, open fires, portable stoves or other cooking equipment not provided or approved by the city.
"Parking lot" means a land area or facility for the temporary storage of motor vehicles. "Private property accessible to the public" means privately owned property in the city, improved or unimproved, that lacks a physical barrier to entry, including, but not limited to, any of the following: privately owned streets, privately owned parking lots, and property that is unenclosed and undeveloped.
"Public property" means any publicly owned property in the city, improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights -of -way; publicly owned, maintained or operated parks; publicly owned, maintained or operated landscaped areas or greenbelts; publicly owned, maintained or operated open spaces, including, but not limited to, those adjacent to City Hall or other public facilities or buildings of any kind; publicly owned, maintained or operated golf courses and related facilities; public sidewalks, curbs and gutters; public educational institutions; or other government owned, maintained or operated properties located within the city. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location. (Ord. 336 § 2, 2015)
12.06.030 Prohibited acts.
A. It is unlawful for any person to camp or occupy camp facilities or use camp paraphernalia in any of the following; areas within the city, except as otherwise provided herein or mandated by applicable law;
1. Any public property or public or private street or right-of-way, including sidewalks, bus stops and public landscaping;
2. Any public yard, building setback, vacant land, open space or any other area open or accessible to the public, improved or unimproved;
3. Any public or private parking lot;
4. In, on, under, or adjacent to any structure not intended for human occupancy, whether with or without bedding or camp paraphernalia, including, but not limited to, a tent, hammock or other similar protection or equipment; and
04/24/2023 City Council Agenda 93
5. In, on, under, or adjacent to a parked vehicle on any public property or public or private parking lot, including, but not limited to, an automobile, bus, truck, camper, trailer or recreational vehicle.
B. It is unlawful for any person to urinate or evacuate their bowels on public or private property in an area exposed to public view or on any public street, sidewalk, alley, park or any other public place except in a public restroom.
C. It is unlawful for any person to make or kindle an open fire on public or private property accessible to the public except in an appropriate containment device provided or approved for that purpose by the city fire marshal and building official.
O. It is unlawful for any person on public property, or private property accessible to the public, to remain, stay or loiter between the hours of ten p.m, and six a.m. of the following clay without the express permission of the city.
It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents. (Ord. 336 § 2, 2015)
12.06.040 Storage of personal property in public places.
A. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise designated by the city:
1. On any public property or public or private street or right-of-way within the city;
2. On any public yard, building setback, vacant land, open space or any other area open or accessible to the public, improved or unimproved;
On any public or private parking lot.
B. All stored personal property may be impounded by the city provided:
1. Immediate removal of the personal property without notice as required by subsection (B)(2) is necessary to protect public health, safety, or welfare, including, but not limited to, when the location of the personal property restricts for emergency response personnel or vehicles; or
2. A written notice is served on the person storing the personal property or is posted prominently and conspicuously on the stored personal property. The written notice shall contain the following:
a. A description of the personal property to be removed (such description may refer to an attached photograph),
b. The location of the personal property.
04/24/2023 City Council Agenda 94
c. The date and time the notice was posted.
d. The section of the Yucaipa Municipal Code that is being violated. e. A statement that the personal property will be impounded if not removed within twenty-four (24) hours.
The location where the removed property will be stored. g. A statement that impounded property will be sold or otherwise disposed of if not claimed within thirty (30) days after impoundment.
h. A statement that the property owner shall be responsible for all costs of removal, storage and disposal.
3. Impounded personal property shall be moved to a place of storage, and the owner shall be assessed moving, storage, and other related fees and costs. Additionally, the owner of impounded personal property shall bear the responsibility for the risk of any loss or damage to the impounded property. Any impounded property of a perishable nature may be disposed of immediately in any manner without notice after impoundment by the city.
4. At least thirty (30) days prior to disposal of impounded personal property, the city shall serve notice in writing apprising the owner of the personal property of the description and location of the impounded personal property and of the intent of the city to sell, donate, or otherwise dispose of the impounded property. Service of written notice shall be by personal service or by certified mail, return receipt requested, to the last known address of the owner of the impounded property if the owner is known or can be determined. Where the identity or the address of the owner is unknown or cannot be determined through the exercise of reasonable diligence, the notice shall be posted for three consecutive days on the public property where the property was stored or seized. If notice cannot be posted as provided heretofore, then it shall be posted on the Internet website of the city for three consecutive days.
5. The owner or any other person entitled to the impounded personal property may repossess the property prior to its disposal upon submitting satisfactory proof of ownership or entitlement and payment of all unpaid rent, debts, and charges owing and all handling, storage, appraisal, advertising, and other expenses incurred by the city in connection with the proposed disposal of the impounded property.
b. All fees and unpaid rent, debts and charges owing and all expenses of handling, storage, appraisal, advertising, and other sale expenses incurred by the city shall be deducted from the proceeds of any sale of the impounded property. Any amount remaining shall be held in trust for the owner of the property for thirty (30) days after sale, after which time the proceeds shall be paid into the general fund.
C. The city shall maintain a record of the date and method of disposal of the impounded personal property, including the consideration received for the property, if any, and the name and 04/24/2023 City Council Agenda 95
address of the person taking possession of the property. Such record shall be kept as a public record for a period of not less than one year from the date of disposal of the property.
D. The city and its officers, employees, and agents shall not be liable to the owner of impounded personal property because of any disposal of the property made pursuant to this chapter. The remedies available to the owner of impounded property are limited to those provided in this chapter. (Ord. 336 § 2, 2015)
12.06.050 Exceptions.
The provisions of Sections 12.06.020 through 12.06.060 shall not apply to camping, occupying camp facilities or using camp paraphernalia, or to any person storing personal property, including camp paraphernalia within the city.
A. Where the area has been designated by the city for such purposes and the activity has been permitted as a temporary use or special event pursuant to Yucaipa Municipal Code Chapter 5.16, regulating temporary special events; or
B. Where a gathering, meeting or event is sponsored or conducted by the city. (Ord. 336 § 2, 2015)
C. Where the conduct is involuntary, such as sleeping in public when the person has no other viable option due to lack of available shelter.
DIVISION III - AGGRESSIVE SOLICITATION
12.06.050. Findings, purpose, and intent.
The city council hereby finds, determines and declares that:
A. Solicitations made in an aggressive manner are unsafe and disruptive to persons in the City of Yucaipa and are a threat to public health, safety, and general welfare. Aggressive solicitations typically include approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic.
B. An increase in aggressive solicitation throughout the city has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.
C. Aggressive solicitation from people in places where they are a "captive audience" in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid solicitation from others, is problematic, detracts from the rights of persons in the city to quietly enjoy public facilities and presents a risk to the health, safety and welfare of the public.
04/24/2023 City Council Agenda 96
D. The presence of individuals who solicit money from persons at or near banks or automated teller machines is especially threatening and dangerous. Such activity often carries with it an implicit threat to both person and property. Restricting solicitation in such places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid such solicitations, and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations.
E. Aggressive solicitation on roadway median strips, at traffic intersections, in public parking lots and in the public roadway and lingering and loitering on a median are unsafe and hazardous for solicitors, drivers, pedestrians, and the general public. Aggressive soliciting on roadway median strips, at traffic intersections, in public parking lots and in the public roadway increases the risk of drivers becoming distracted from their primary duty to watch traffic, which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.
F. The council's intent in enacting this chapter is not to interfere with the exercise of First Amendment rights of those engaged in solicitation on roadway median strips, at traffic intersections, in public parking lots and in the public roadway and lingering and loitering on the medians, but only to minimize the safety hazards of those in such areas as well as the drivers and passengers in vehicles near these areas and in a manner to minimize those safety hazards.
G. The practice of aggressive solicitation near driveways accessing shopping centers, retail, and business establishments is unsafe and hazardous for solicitors, drivers, pedestrians and the general public. The location of the solicitor near the driveway compromises the solicitor's safety, impedes visibility, and impairs a driver's ability to safely enter and exit.
Drivers also become distracted from their duty to watch traffic, which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.
H. The restrictions of this chapter are content neutral and are narrowly tailored to serve a significant governmental interest, but still provide alternative avenues of communication.
I. The reasonable time, place, manner restrictions in this chapter avoid the negative effects of aggressive solicitation and solicitation in unsafe places and will not unreasonably restrict free speech of people engaged in solicitation.
J. This chapter is adopted pursuant to the authority granted to the City of Yucaipa in Chapter XI, Section 7 of the California Constitution.
K. The purpose and intent of this chapter is to protect public health, safety and the general welfare of people in the City of Yucaipa and improve the quality of life and economic vitality of the City of Yucaipa by imposing reasonable time, place, manner, restrictions on certain forms of solicitation while respecting the constitutional rights of free speech for all citizens as further described in these findings.
04/24/2023 City Council Agenda 97
L. The provisions of this chapter shall apply generally to all property throughout the city wherein any of the conditions specified in this chapter are found to exist; provided, however, that any condition that constitutes a violation of this chapter, but which is permitted or authorized under any local, state or federal law, shall not be deemed to violate this chapter.
12.06.070. Definitions.
As used in this chapter, the following words, terms and phrases shall have the following meanings, unless a different meaning is apparent from the context or is specified elsewhere in this chapter:
After dark means any time from one-half hour after sunset to one-half hour before sunrise.
Aggressive manner means any of the following:
(1) Conduct intended or likely to cause a reasonable person to fear bodily harm to oneself or to another, damage to or loss of property, or otherwise be intimidated into giving money or other thing of value;
(2) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent;
(3) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
(4) Using violent or threatening gestures toward a person; or (5) Persisting in closely following or approaching a person, after the person has informed a solicitor that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor.
Automated teller machine or ATM means any electronic information processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account.
Automated teller machine facility means the area comprised of one or more automated teller machines, and any adjacent space that is made available to banking customers after regular banking hours.
Bank means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
Check cashing business means any person duly licensed as a check seller, bill payer, or prorater pursuant to California Financial Code § 12000 et seq., as may be amended. 04/24/2023 City Council Agenda 98
Credit union means any federal credit union and any state -chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.
Donation shall mean a gift of money or other item of value.
Financial institution includes a bank, savings and loan association, credit unions and check cashing business,
Linger on a median means remaining in a median longer than two traffic signals cycles, except in an emergency or except where the median is specifically designated for pedestrians or equestrians.
Loiter on a median means standing or lingering in a median for any purpose other than to safely and lawfully cross the street, except in an emergency or except where the median is specifically designated for pedestrians or equestrians.
Median shall mean a paved or planted area of public right-of-way that divides a street or highway according to the direction of travel.
Motor vehicle means any propelled vehicle or vehicle drawn by a power other than muscular power, other than a motorized wheelchair.
Public place means a place to which the public or a substantial group of persons has access, and includes, without limitation, any street, highway, sidewalk, median, parking lot, plaza, transportation facility, school, place of amusement, park, playground and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.
Public transportation vehicle means any vehicle, including a trailer bus, or train, designed, used or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.
Savings and loan association means any federal savings and loan association and any "insured institution" as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 1752 of the Federal Credit Union Act, as amended.
Solicit shall mean to ask, beg, request or panhandle using spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
Solicitor means one who solicits as defined in this section.
12.06.080. Aggressive solicitations prohibited.
No person shall solicit in an aggressive manner in any public place. 04/24/2023 City Council Agenda 99
12.06.090. All solicitations prohibited at specified locations.
A. Financial institutions and automated teller machines (ATMs). No person shall solicit within 25 feet of any entrance or exit of any financial institution during its business hours or within 25 feet of any automated teller machine during the time it is available for customers' use.
When an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility.
B. Parking lots. No person shall solicit in any public parking lot or structure any time after dark.
C. Public transportation vehicles and stops. No person shall solicit in any public transportation vehicle or within 200 feet of any designated or posted public transportation vehicle stop.
D. Gasoline stations, fuel pumps, and electric vehicle charger. No person shall solicit from an operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station, at a fuel pump, or at an electric vehicle charger,
E. Driveways accessing shopping center, retail and business establishments. No person shall solicit from an operator or occupant traveling in a motor vehicle while such vehicle is located within 50 feet of a driveway providing vehicular access to a shopping center, retail or business establishment.
F. Medians.
1. No person shall linger on a median.
2. No person shall loiter on a median.
3. No person shall solicit upon any median.
G. Dining establishments. No person shall solicit in a manner directed at any person at any restaurant or other dining establishment serving food for immediate consumption.
H. Restrooms. No person shall solicit in any restroom open to the public.
DIVISION IV — ENFORCEMENT
12.06.100 Enforcement.
Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code including, but not limited to, the following:
04/24/2023 City Council Agenda too
E. The prevailing party in any judicial action, administrative proceeding, or special proceeding to enforce this Chapter may recover its reasonable attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. A "judicial action" includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An "administrative proceeding" includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the City, or cost recovery hearing. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this Section
SECTION Z. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 3. CEQA.
The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.
SECTION 4. Effective Date,
This Ordinance shall be effective the 3111 day following its adoption by the City Council Il
Il
Il
11 Il
Il
04/24/2023 City Council Agenda 101
SECTION 5. Publication and Posting.
The Mayor shall sign this Ordinance and the City Clerk skull certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.
PASSED, APPROVED and ADOPTED this 24th day of April, 2023.
ATTEST:
Ana V. Sauseda, CMC
City Clerk
Justin Beaver, Mayor
APPROVED AS TO FORM:
Steven Graham, City ,Attorney
04/24/2023 City Council Agenda
102