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Home My WebLink AboutJanuary - November 2000If 480 ORDINANCE AMENDING CERTAIN SECTIONS TO TITLE 7 OF THE MORRO BAY MUNICIPAL CODE REGARDING THE REGULATION OF ANIMALS WITHIN THE CITY 01-24-00 481 ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETI1tEMENT SYSTEM (MILITARY SERVICE CREDIT AS PUBLIC SERVICE FOR LOCAL MISCELLANEOUS MEMBERS) 03-13-00 482 CUA ORDINANCE TO ADD CHAPTER 5.31 TO THE MORRO BAY MUNICIPAL CODE (TELECOMMUNICATION SYSTEMS) 08-14-00 483 ORDINANCE ADOPTING AMENDMENTS TO THE ZONING ORDINANCE TO REGULATE DEVELOPMENT STANDARDS FOR BUILDING HEIGHT IN THE BEACH TRACTS 11-13-00 484 ORDINANCE ADOPTING AMENDMENTS TO THE ZONING ORDINANCE TO REGULATE MANUFACTURED HOUSING ON PROPERTY ZONED FOR SINGLE-FAMILY RESIDENTIAL 11-1300 ORDINANCE NO. 484 AN ORDINANCE OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE. ZONING ORDINANCE TO REGULATE MANUFACTURED HOUSING ON PROPERTY ZONED FOR SINGLE-FAMILY RESIDENTIAL THE CITY COUNCIL City of Morro Bay, California CASE NO. LCP/ZOA 01-00 WHEREAS, the Planning Commission of Morro Bay, on July 17, 2000 after duly noticed PUBLIC HEARINGS, did forward a recommendation, by adoption of Planning Commission Resolution No. 01-00, that the City Council amend the Zoning Map to eliminate the Mobile Home Overlay Zone as reflected in Exhibit "A", as well as Title 17 of the Morro Bay Municipal Code (Zoning Ordinance) to regulate manufactured housing on property zoned for single-family residential development as contained in attached Exhibit "B"; and WHEREAS, on the 23rd day of October 2000, the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING to consider the amendment to eliminate the Mobile Home Overlay Zone from the Zoning Map as contained in Exhibit "A", as well as to consider the amendment regulating manufactured housing on property zoned for single-family residential development as contained in attached Exhibit "B"; and WHEREAS, the Environmental Coordinator determined that the California Coastal Commission is the lead agency for local coastal plan amendments for the purposes of the California Environmental Quality Act; and WHEREAS, following the PUBLIC HEARING-, and upon consideration of the testimony of all persons, both written and oral, the City Council accepted the Planning Commission recommendation and approved the amendment based on the following findings:. 1. The City Council adopted an urgency ordinance on October 27, 1997, prohibiting placement of certain manufactured homes (more than 10 years old at time of permit application) in the Beach Tracts; and 2. The City Council directed staff to bring the zoning regulations for installation of manufactured housing on properties zoned for single-family residential development into compliance with State law. 3. The City Council authorized two extensions of Urgency Ordinance 464 until October 26, 1999; and 4. Urgency Ordinance 464 expired on October 26, 1999 leaving Ordinance 208 (Mobile Home Overlay Zone Standards) and Ordinance 209 (amending the Zoning Map to identify the "M" suffix area) in place; and 5. The proposed Ordinance brings the City's regulations for manufactured housing into conformance with State law while providing development standards that protect neighborhood character. Ordinance No. 484 Regulating Manufactured Ho -using Page 2 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro Bay, California, as follows: SECTION 1: The Zoning Map is amended to reflect the elimination of the Mobile Home Overlay Zone attached hereto as Exhibit "A" SECTION 2: Title 17 of the Morro Bay Municipal Code (Zoning Ordinance) is amended as contained in Exhibit "B", attached hereto and made a part of this ordinance: SECTION 3: To implement the amendment adopted herein, the City Council of the City of Morro Bay, California, hereby directs as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this matter; and, 2. The City Council of the City of Morro Bay hereby finds that the Local Coastal Program Implementation Program (Zoning Ordinance) Amendments are in compliance with the intent, objectives, and all applicable policies and provisions of the California Coastal Act; and 3. The amendments to Title 17 shall tape effect immediately upon certification by the California Coastal Commission. I INTRODUCED at the regular meeting of the City Council held on the 23rd day of October 2000,bymotion of Elliott and seconded by Peters PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the13 day of November, 2000by the following vote to wit: BRIDGETT UER, City Clerk ROBERT W. SCIIULT4,'�sq., City Attorney iAFriJ ,,,�*wrigtvaW"O- 49616i'Fv' l� `� ��iiisf■ s F PLANNING COMMISSION CITY OF MORRO BAY October 16, 2000 ZONING . MAP Exhibit A Exhibit B Ordinance No. 484 Section. 17.040.060 is hereby deleted as follows: . r • + r i i + ,+ r R 1 w ■ w + i a � � ■ + i w r ■+ . wN w w r■ I.wf l./i�i �i�■ W: i ■ i '■ a r .+ + . t r i r r ■• ` ■ r w w w !. is i+• .i.r r W.W ■• 1 .! .■ A a w■ ■ ■ wr . r ■ ■ ! r ■ ■ ! ■ ! ■� r ■ Wo i w w r wl;, rr■ w i w wr. • r ■ ■ ! . w r ■ ■ r r w i ■ A r r ■ OWN - r a ■ ■ ■ a ■ r w. r+ ,■ r■. ■ w + r r r r ! ! ■ . i w ■ IF ! !~09b r a i t i ■ 111HAN ■ w r ! i r t r r r r. r r i ■ r■ .■ 11111.10. ■ r �. a i - w■ ■ ■190■ ! ■1 kIlIPJAWSM ! r■ r r r r r r A i i R+ AA r w r i M1 r . ■ rw r. 1 r r ■ r ar ■ w ! a ! r R+ r ■ + r w i ■ . i ■ ■ w ■+ �. r r r r R 101, OF OIA ■ r r. r■ fl IN r .R r- . IRON^ar. ■ ■ r ■ I % ■ ■ ■ +�► r r 1 I.■ + V ■ + i ! OVIIIIIIIII'lli r III ! I 111MOWWRLISAWAILWA! Rim■ w I WAIR Mirk r r r. wJ 1999 r. .■ + .i w+ ■ ■ r .. r i ! r w a, w A r a ■_ . r i . ■ r rli 1 ■ r ■ ■ w . r v IAMA r w r A r r . ■ ■ ■ ■ Ri w r r ■ ! ■ r r w ■ A ! r • ■ ! ww .► i w r ■ ! ri ■ ■ r ■ ■ r Ar r r ■ ! • . w i r ! A • WE W-AplowiLgoomw r i MWEL"If0ill r i 19M=Wffi1hWffr WMA ■ • r f + wA A . r wllllllrr i ■A a R A r fil r i .N r A A N w r a. r r r r ■ r i r . +R w w +. w r ■ 1111111ii ■w ■ ■ - r !r w+ r r 10.! r ■ h r r INAC ■ ! r. i ■ r I 11 .■ ■ ! Section 17.48.350 is hereby added as follows: Manufactured homes on Sin le-Famil Lots Manufactured homes on single-family lots shall be subject to the following standards: 1. The manufactured home shall be subject to the same minimum setback requirements as specified in each residentially -zoned district. 2. The manufactured home shall be placed on a permanent foundation as determined by the Building official. 3. Manufactured homes placed on lots zoned for single-family dwellings shall have the same minimum off-street parking requirements as are required for single-family dwellings. 4. Each manufactured home to be placed on a lot zoned for a single-family dwelling shall - have a certificate or seal indicating conformance with the National Mobile Home Construction and Safety Standards Act of 1974 and the Uniform Building Code as adopted and amended by the City. 5. Each manufactured home to be placed on a lot zoned for a single-family dwelling shall be covered with an exterior material customarily used on conventional dwellings. These materials include wood, stone, masonry, stucco, or other non -reflective material. Such exterior covering material shall extend to the ground, except when a solid concrete or masonry perimeter foundation is used; then the exterior covering material need not extend below the top of . the foundation. Perimeter foundations consisting of concrete or masonry material shall be architecturally painted or treated to blend with the exterior material of the unit. 6. Each manufactured home to be placed on a lot zoned for a single-family dwelling shall have a roof consisting of shingles or other materials customarily used for conventional dwellings. These materials include wood, asphalt, rock, clay, concrete, or other non - reflective materials. 7. Subsequent to applying for the required building permit, and prior to occupancy, the owner shall request certification from the Building Department that a certificate of occupancy is to be issued pursuant to subsection (2) of subsection (b) of Section 18551 of the Health and Safety Code of the State. Thereafter, any vehicle license plate, certificate of ownership, or certificate of registration issued by a State agency shall be surrendered to the appropriate State agency. 8. Prior to the installation of a manufactured home on a lot zoned for a single-family dwelling, owner or a licensed contractor shall obtain -a building permit from the Building Department. 9. No manufactured home shall be installed if more than 10 years has elapsed between the date of the manufacture of the manufactured home and the date of application for issuance of a permit to install the manufactured home. ORDINANCE NO.483 AN ORDINANCE OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE ZONING- ORDINANCE TO REGULATE DEVELOPMENT STANDARDS FOR BUILDING HEIGHT IN THE BEACH TRACTS 'THE CITY COUNCIL City of Morro Bay, California CASE NO. LCPIZOA 02-00 WHEREAS, the Planning Commission of Morro Bay, on August 21, 2000 and September 18, 2000 after duly noticed PUBLIC HEARINGS, did forward a recommendation, by adoption of Planning Commission Resolution No. 02-00 that the City Council amend Title 17 of the Morro Bay Municipal Code (Zoning ordinance) to regulate development standards for height in the Beach Tracts as contained in attached Exhibit "A"; and WHEREAS, on the 23rd day of October 2000, the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING to consider the amendment regulating development standards for the Beach Tracts as contained in attached Exhibit "A"; and WHEREAS, the Environmental Coordinator determined that the California Coastal Commission is the lead agency for local coastal plan amendments for the purposes of the California Environmental Quality Act; and WHEREAS, following the PUBLIC HEARING, and upon consideration of the testimony of all persons, both written and. oral, the City Council accepted the Planning Commission recommendation and approved the amendment based on the following findings: 1. The City Council adopted an urgency ordinance on October 27, 1997, prohibiting two- story construction, including roof decks in the Beach Tracts; and 2. The City Council authorized two extensions of Urgency ordinance 464 until October 26, 1999; and 3. Urgency ordinance 464 expired on October 26, 1999 leaving the February 14, 1997 revision to the height standards in place; and 4. The proposed ordinance amendment retains historic development patterns and community preferences. 5. The proposed ordinance amendment is in conformance with the neighborhood character characterized by small lots, narrow setbacks, and one-story dwellings. Ordinance No. 483 Regulating Development Standards for Building Heights in the Beach Tracts Page 2 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro Bay, California, as follows: SECTION 1: Title 17 of the Morro Bay Municipal Code (Zoning Ordinance) is amended as contained in Exhibit "A", attached hereto and made a part of this ordinance: SECTION 2:1 To implement the amendment adopted herein,. the City Council of the City of Morro Bay, California, hereby directs as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this matter; and, 2. The City Council of the City of Morro Bay hereby finds that the Local Coastal Program Implementation Program (Zoning Ordinance) Amendments are in compliance with the intent, objectives, and all applicable policies and provisions of the California Coastal Act; and 3. The amendments to Title 17 shall take effect immediately upon certification by the California Coastal Commission. INTRODUCED at the regular meeting of the City Council held on the 23rd day of October 2000, by motion of C r o t z e r and seconded by Peters 0 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 13th day of November , 2000 by the following vote to wit: AYES: Anderson, Grauer, Elliott, Peirce, Peters NOES: None ABSTAIN None ABSENT: None BRIDGETT AVER, City Clerk 0 City of Morro ay let MUIR' po`1111 . ROBERT W. SCHV"I" TZ, Esq. City Attorney Exhibit A Ordinance No. 483 Morro Bay Municipal Code Section 17.050 D is hereby amended to read as follows: D. S.2A overlay Zone Standards. The purpose of this overlay zone is to preserve the existing character of physical development in the area within the jurisdiction of the city, west of State Highway One, north of Azure Street. where this overlay zone fails to specify the location and type of development permitted, the existing R-1 classification shall be deemed to contain the applicable definitions and specifications. The following special standards apply to the S.2A overlay zone: 1. Minimum front year setback, fifteen feet, including garage. 2. Minimum interior side yard setback, five feet. 3. Minimum exterior side yard setback (corner lot), fifteen feet, including garage. 4. Maximum lot coverage permitted, fifty percent for lots four thousand square feet or less. 5. Lot area less than three thousand five hundred square feet lot area, with a residence under one thousand four hundred square feet, one car garage or carport permitted. 6. Dwelling height limit, fourteen (14) feet for flat roofs and top of deck railing; provided, however, that for peaked roofs ( 4 in 12 or greater pitch) and other architectural features, a height of up to seventeen (17) feet may be permitted. Dwellings are limited to one-story buildings. Two story construction and/or any intermediate floors, such as mezzanines, as defined by the Building Code, is prohibited. 7. R-1 standards apply otherwise. 99-11141Ht-RpUBeach Tract Ord-Exh-A_dcc ORDINANCE NO.482 AN URGENCY ORDINANCE OF THE CITY OF MORRO BAY TO ADD CHAPTER 5.31 TO THE MORRO BAY MUNICIPAL CODE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA The City Council of the City of Morro Bay does ordain Section 5.31 - Telecommunications Systems is added as follows: CHAPTER 5.31 - TELECOMMUNICATIONS SYSTEMS Chapter 5.31 TELECOMMUNICATIONS SYSTEMS I. Short Title 5.31.010 Short Title. II. Definitions 5.31.020 Definitions generally. 5.31.03 0 Act. 5.31.040 Affiliated person or affiliates. 5.31.050 Applicant. 5.31.060 Application or proposal. 5.31.070 Assignment or transfer. 5.31.080 Cable operator. 5.31.090 Cable system or cable television system.. 5.31.100 CEQA. 5.31.110 City. 5.31.120 Consultant. 5.31.130 Control of controlling interest. 5.31.140 Council. 5.31.15 0 Easement. 5.31.160 Excess capacity. 5.31.170 FCC or commission. 5.31.180 Fiber cable or fiber optic cable. 5.31.190 Franchise. 5.31.200 Franchise agreement. 5.31.210 Franchise expiration. 5.31.220 Franchise fee. 5.31.230 Franchise telecommunications carrier. 5.31.240 Franchising authority. 5.31.250 Functional equivalent or functionally equivalent. 5.3L260 r`rantee. 5.31.270 License. 5.31.280 License Fee. 5.31.290 Nodes. 5.31.3 00 Ordinance. 5.31.310 Other ways. 5.31.320 Overhead facilities. 5.31.3 3 0 Pedestal. Page I 5.31.340 Person. 5.31.3 50 Power supply. 5.31.360 Private communications network or PCN or private communications system. 5.31.370 Proposed abandonment of telecommunications service or proposed withdrawal of telecommunications service or proposed cessation of telecommunications service. 5.31.3 80 Public property. 5.31.390 Public right -of --way. 5.31.400 Pull box. 5.31.410 PUC. 5.31.420 Revocation or termination or nonrenewal. 5.31.430 State. 5.31.440 Street. 5.31.450 Subscriber. 5.31.460 Surplus space. 5.31.470 Tap. 5.31.480 Telecommunications. 5.31.490 Telecommunications carrier. 5.31.500 Telecommunications equipment. 5.31.510 Telecommunications facilities. 5.31.520 Telecommunications service. 5.31.5 3 0 Telecommunications system. 5.31.540 Telephone company. 5.31.5 5 0 Underground facilities. 5.31.560 Usable space. 5.31.570 USC. 5.31.5 80 Utility Easement. 5.31.590 Utility Facilities. III. Applicability of Chapter to Telecommunications Carriers 5.31.600 Applicability of this chapter to a telecommunications carrier. 5.31.610 Exemption from certain provisions of this chapter for certain telecommunications carriers. 5.31.620 Failure of the City to enforce this chapter. 5.31.630 Telecommunications carriers or its assignees subj ect to present and future ordinances and/or resolutions. 5.31.640 Resolution of inconsistencies with federal or state rules, regulations or laws. 5.31.650 Resolution of Conflicts between this ordinance and a subsequent franchise agreement or license. Iv. Grant of License or Franchise 5.31.660 Permits and licenses; payment of fees. 5.31.670 Use of public property. 5.31.680 Registration. 5.31.690 Telecommunications license. 5.31.700 Telecommunications franchise. 5.31.710 Term of license or franchise. 5.31.720 Assignment, transfer or sale of franchise or license. 5.31.730 Possessory interest. V. Regulation of Chapter 5.31.740 Administration Declaration of powers and authority. Page 2 VI. General Financial and Insurance Provisions 5.31.750 Indemnity. 5.31.760 Liability insurance. 5.31.770 Financial security. VII. Design and Construction Provisions 5.31.780 Conditions of use of streets and public rights -of -ways. 5.31.790 Duty to remove telecommunications facilities from streets, easements and public property. 5.31.800 Construction standards. 5.31.810 Construction default. 5.31.820 Vacation or abandonment. 5.31.830 Abandonment in place. 5.31.840 Undergrounding of cable. 5.31.850 Facility agreements. 5.31.860 Erection of poles prohibited. 5.31.870 System technical data. 5.31.880 Availability of technical data. VIII. Rights Reserved to the City public rights -of -way, 5.31.890 Inspection and review of books, records and other data. 5.31.900 Reservation of right to inspect construction, documents related to construction, and tests related to performance, technical integrity and quality of signal, preventive maintenance and safety. 5.31.910 Revocation and termination. IX. Rights Reserved to the Telecommunications Carrier 5.31.920 Telecommunications carriers seeking relief from this chapter. X. Force Maj eure 5.31.930 Inability to perform. XI. Reports 5.31.940 Retention and submission of reports and records. XII. Miscellaneous Provisions 5.31.95 0 Construction. 5.31.960 Scope. 5.31.970 Severability. 5.31.980 Notices. Page 3 I. Short Title 5.31.010 Short title. The ordinance codified in this chapter shall be known and cited as the "City of Morro Bay Telecommunications Regulatory ordinance," and shall be referred to in this chapter as "this ordinance" or "this chapter". II. Definitions 5.31.020 Definitions generally. For purposes of this chapter, and where not otherwise inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this article. when not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. where not defined herein, terms shall be as defined in the Act. 5.31.030 Act. "Act" means the Telecommunications Act of 1996, as amended from time to time. 5.31.040 Affiliated Person or affiliates. "Affiliated person" or "affiliates," means each person who falls into one or more of the following categories: (1) each person having, directly or indirectly, a controlling interest in a telecommunications carrier; (ii) each person in which a telecommunications carrier has, directly or indirectly, a controlling interest; (111) each officer, director, general partner, limited partner holding an interest of five percent (5%) or more, joint venturer, or joint venture partner in a telecommunications system in the city; and (iv) each person, directly or indirectly, controlling, controlledby, or under common control with a telecommunications carrier; provided that "affiliated person" excludes the city, any limited partner holding an interest of less than five percent (5%) in a telecommunications carrier, or any creditor of a telecommunications carrier, 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 a telecommunications carrier. 5.31.050 Applicant. "Applicant" means a person submitting an application or proposal to the city for a license or franchise to provide telecommunications services or operate a telecommunications system under the terms and conditions set forth in this ordinance and any required state or federal regulations. 5.31.060 Application or proposal. "Application" or "proposal" are synonymous for the purposes of this ordinance. An "application" or "proposal" means the process by which the applicant submits a request for an initial authorization, not inclusive of a renewal proposal, and indicates a desire to be granted a telecommunications license or franchise (where required) for all, or a part, of the city. An application or proposal includes all written documentation, and verbal statements and representations, in whatever form or forum made by an applicant to the city concerning the construction, rendering of services, maintenance, or any other matter pertaining to the proposed telecommunications system. 5.31.070 Assignment or transfer. Page 1 "Assignment" or "transfer" means any assignment, transfer, sale or other transaction of a franchised or licensed telecommunications system, or its corporate or partnership parent, which has the effect of changing , the operational, managerial, or financial control of the telecommunications system or the telecommunications carrier. 5.31.080 Cable operator. "Cable operator" means any person or group of persons who: 1. Provides cable service over a cable system and directly or through one or more affiliates owns a controlling interest in such cable system; or 2. otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. 5.31.090 Cable system or cable television system. "Cable system" or "cable television 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 as defined in the Cable Act and which is provided to multiple subscribers within the city. However, such terms do not include the following: 1. A facility that serves only to retransmit the television signals of one or more broadcast stations; or 2. A facility that serves subscribers without using any public right-of-way; or 3. A facility of a common carrier which is subject, in whole, or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a Cable System (other than for purposes of Section 621(c) of the Cable Act, codified at 47 U. S.C. 541) to the extent such facility is used in the transmission of video, voice, or data programming or services directly to subscribers; or 4. Any facilities of any electric utility used solely for operating its electric utility~ 5.31.100 CEQA. "CEQA" shall mean the California Environmental Quality Act, Section 21000 et seq. of the Public Resources Code of the State of California. 5.31.110 City. "City" means the city of Morro Say as represented by the city council or any delegate acting within the scope of its jurisdiction. 5.31.120 Consultant. "Consultant" shall mean the entity hired by the telecommunications carrier under the supervision of the city to inspect construction and to locate utilities. 5.31.130 Control or controlling interest. "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 telecommunications system, the telecommunications carrier. 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 Page 2 during the period in which they are offering securities to the public) of twenty percent (20%) 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. 5.31.140 Council. "Council" means the governing body of the city of Morro Bay. 5.31.150 Easement. "Easement" means and shall include any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever. 5.31.160 Excess capacity. "Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities. 5.31.170 FCC or commission. "FCC" or "commission" means the Federal Communications Commission and/or such other federal regulatory agency as now or in the future may have jurisdiction to oversee telecommunications carriers. 5.31.180 Fiber cable or fiber optic cable. "Fiber cable" or "fiber optic cable" means very thin and pliable cylinders, or strands of glass or plastic, or any future functional equivalent, used to carry wide bands of multiple frequencies. 5.31.190 Franchise. "Franchise" means an authorization or subsequent renewal granted by the city in order for a person to construct, operate, and/or maintain a telecommunications system which provides telecommunications services in all or part of the city. 5.31.200 Franchise agreement. "Franchise agreement" means the separate contract by which the city grants a telecommunications carrier the right to operate a telecommunications system within all, or a part, of the city. 5.31.210 Franchise expiration or franchise agreement expiration. "Franchise expiration" or "franchise agreement expiration" means the date of expiration or the end of the term of a franchise agreement. 5.31.220 Franchise fee. "Franchise fee" means a fee or charge that the city requires as payment for the privilege of using the streets, public rights -of -ways, and easements of the city in order to construct, maintain and operate a telecommunications system or to provide telecommunications services to residents of the city. 5.31.230 Franchised telecommunications carrier. "Franchised telecommunications carrier" means a person that is awarded a franchise by the city to construct or operate a telecommunications system within all or part of the city. Page 3 5.31.240 Franchise authority. "Franchising authority" means council. 5.31.250 Functional equivalent or functionally equivalent. "Functional equivalent" or "functionally equivalent" with respect to a specifically named or referenced piece of telecommunications equipment means another piece of telecommunications equipment that has either: l . The same or substantially similar characteristics qualities, operational capabilities, design functions as the original, specifically named or referenced piece of telecommunications equipment; or 2. operates in substantially the same form and fashion as the original specifically named or referenced piece of telecommunications equipment; or 3. operates in a technologically superior manner to the original, specifically named or referenced piece of telecommunications equipment. 5.31.260 Grantee. "Grantee" means a person who has been granted a licensee or franchise pursuant to this chapter. 5.31.270 License. "License" means an authorization to construct a telecommunications system in the city which does not provide telecommunications services to residents of the city. 5.31.280 License fee. "License fee" means an annual fee or charge that the city requires as payment for the privilege of using streets, public rights -of -way, and easements to constrict, maintain and operate a telecommunications system which does not provide telecommunications services to residents of the city. 5.31.290 Nodes. "Nodes" shall mean the cabinet and equipment, including power supply, fans, gas generators, batteries and optical to electrical converters, located in the neighborhoods, which serve homes, businesses, and institutions, and which is the point where fiber facilities and coaxial facilities are connected. 5.31.300 ordinance. "Ordinance" means this regulatory ordinance for the city. 5.31.310 other ways. "Other ways" means the highways, streets, alleys, utility easements or other rights -of -way within the city, but under the jurisdiction and control of a governmental entity other than the city. 5.31.320 overhead facilities. "Overhead facilities" means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. 5.31.330 ]Pedestal. Page 4 "Pedestal" shall mean an above -ground enclosure which houses active and/or passive equipment relating to the telecommunications system. 5.31.340 Person. "Person" means any individual, corporation, estate, trust, partnership, association of two or more persons having a joint common interest, or joint stock company. 5.31.350 Power supply. "Power supply" shall mean an electronic or gas driven device designed to provide electrical power to all or a portion of the telecommunications system 5.31.360 Private communications network or PCN or private communications system. "Private communications network," or "PCN" or "private communications system" means any ancillary or aligned component of a telecommunications system consisting of communications lines, cables, equipment or facilities which are used to provide telecommunications service that in any manner uses or occupies the streets, easements, public ways, or rights -of -way within the city (as annexed). However, "private communications network" does not include any part of a State or FCC licensed local exchange telephone company or any part of a federal, state, county or local government owned telecommunications system. 5.31.370 Proposed abandonment of telecommunications service or proposed withdrawal of telecommunications service or proposed cessation of telecommunications service. "Proposed abandonment of telecommunications service" or "proposed withdrawal of telecommunications service" or "proposed cessation of telecommunications service" means the actual or imminent, or expected (either voluntary or involuntary) disruption, discontinuance, desertion or removal of a telecommunications carrier's operation and provision of telecommunications service from all, or part, of the city for a projected period exceeding four months in duration. 5.31.380 Public property. "Public property" means and includes all real property owned, operated or controlled by the city, other than streets, public rights -of -way, sidewalks and easements, and all property held in a proprietary capacity by the city, which are not subject to right-of-way licensing and franchising as provided in this ordinance. 5.31.390 Public right-of-way. "Public right-of-way" means any public street, public way, public place or rights -of -way, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, owned, operated and/or controlled by the city or subject to an easement owned by city. 5.31.400 Pull box. "Pull box" shall mean a flush mounted or above -ground housing which encloses one or more conduit openings. 5.31.410 PUC. "PUC" means the California Public Utilities Commission. Page 5 5.31.420 Revocation or termination or nonrenewal. "Revocation," or "termination" or "nonrenewal" means an official act by the franchising authority that removes, repeals or rescinds previously approved authorization for a licensed or franchised telecommunications carrier to operate a telecommunication system within the city. 5.31.430 State. "State" means the State of California. 5.31.440 Street. "Street" means the surface of, and the space above and below a public street (or any path or thoroughfare designated for vehicular and/or pedestrian traffic), or other easement now or hereafter held by the city (including any street, as defined, which is acquired by eminent domain) for the purpose of public travel. 5.31.450 Subscriber. "Subscriber" means a person lawfully receiving or using a telecommunications service delivered by a telecommunications carrier over a telecommunications system. 5.31.460 Surplus space or surplus capacity. "Surplus space" or "surplus capacity" means that portion of the usable space on a utility pole or other telecommunications facilities which has the necessary clearance from other users, as required by the orders and regulations of the California Public Utilities Commission (PUQ to allow its use by a telecommunications carrier. 5.31.470 Tap. "Tap" means an electronic pathway, by way of wire, coaxial, fiber, or otherwise between that portion of the telecommunications system located in the public rights -of -way and the subscriber's residential, commercial, or industrial structure. 5.31.480 Telecommunications. "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as set and received. 5.31.490 Telecommunications carrier. "Telecommunications carrier" means (1) any owner, by way of fee ownership, lease, management agreement, of any telecommunications system or telecommunications facilities, or (ii) the direct or indirect provider of telecommunication services whether the telecommunication service is offered by the owner of the telecommunications system, an affiliate, or a related entity, by way of ownership, lease, control, or operation of a telecommunications system. A person shall be deemed a telecommunications carrier, even if it does not directly provide telecommunications services, if it rents or leases a telecommunications system and/or telecommunications facilities to another person which provides telecommunications services. 5.31.500 Telecommunications equipment. "Telecommunications equipment" means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment Page 6 (including upgrades) which are not located, in whole or in part, in, above, or below streets, public rights -of - way or other public property. 5.31.510 Telecommunications facilities. "Telecommunications facilities" shall mean any equipment located, in whole or in part, in, above, or below streets, public rights -of -way, or other public property used by the telecommunications carrier in its telecommunications system including without limitation, conduits, cables, cabinets, nodes, structures, headend equipment, receive only earthstations, down link equipment and antennas, electronics, fiber cable, coaxial cable, drops and switching equipment whether part of a stand-alone system or in conjunction with or as part of a cable system. 5.31.520 Telecommunications service. "Telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. 5.31.530 Telecommunications system. "Telecommunications system" means an operating system which is located, in whole or in part, on, in, above, or below streets, public rights -of -way, or other public property which is designed and utilized, in whole or in part, to provide telecommunications services. A telecommunications system may be built in conjunction with, or be part of, a cable system. 5.31.540 Telephone company. "Telephone company" means every person within the scope of Public Utilities Code Section 7901 who has constructed or may construct telegraph or telephone lines. 5.31.550 Underground facilities. "Underground facilities" means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities. 5.31.560 Usable space. "Usable space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the PUC. 5.31.570 USc. "USC" means the United States Code. 5.31.580 Utility easement. "Utility easement" means any easement owned by the city or acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 5.31.590 Utility facilities. "Utility facilities" means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways and used or to be used for the purpose of providing utility or telecommunications services. Page 7 H1. Applicability of Chapter to Telecommunications Carriers 5.31.600 Applicability of this ordinance to a telecommunications carrier. A. The provisions of Section 1.10.340 of this ordinance shall apply to all telecommunications carriers, and users of public rights -of -way and property and, with respect to all other provisions contained within this ordinance, those provisions shall be applicable to a telecommunications carrier unless such telecommunications carrier, and all of its activities, are hereunder exempted from this ordinance. B. Subsection A of this section is not intended to repeal, and does not have the effect of repealing, any current franchise agreement that presently exists. 5.31.610 Exemption from certain provisions of this ordinance for certain telecommunications carriers. A. Telecommunications carriers and users who are exempted from complying with the provisions of Sections 1.10.350-390 of this ordinance ("exempt carriers") are as follows: 1. A telecommunications carrier that is exempted from Sections 1.10.350-390 of this ordinance as a result of federal or state law; 2. A telecommunications carrier that is exempted from Sections 1.10.350-390 of this ordinance as a result of an applicable FCC or PUC ruling; or 3. A telecommunications carrier that is exempted from this ordinance as a result of an applicable final judicial ruling from which no subsequent appeal can be taken. 4. A telecommunications carrier which is also a cable operator and/or owns or controls all or part of a cable system which is utilized in, or is part of, the telecommunications system if, and only if, the telecommunications carrier, directly or through an affiliate, pays a franchise fee to the city on all revenues generated to the telecommunications carrier from its cable service and non -cable service activities and operations relating to the cable system, including, but not limited to, lease or rental fees paid to the cable operator, or any related entity, by any person for use of the cable system, or a portion thereof, or telecommunications facilities which are common to the cable system and a telecommunications system. If franchise fees are not paid on non -cable services pursuant to its cable franchise, a separate franchise pursuant hereto is hereby required. B. It is expressly understood that exempt carriers remain exempted only as long as they meet one or more of the criteria of this particular section and only as to those activities which are specifically exempt from one or more of the provisions of this ordinance. C. An exempt carrier is exempt only from Sections 1.10.350--390 of this ordinance and only as to those activities which are specifically exempt from one or more of the provisions of this ordinance. Consequently, such exempt carriers shall abide by, and comply with, any other applicable local, state or federal laws and regulations, including any applicable federal, or state consumer protection, or customer service laws and regulations. D . A telecommunications carrier shall file a petition for exemption containing all information reasonably required by the city. The burden of persuasion and proof shall be on the requesting telecommunications carrier. 5.31.620 Failure of the city to enforce this ordinance. A telecommunications carrier shall not be excused from complying with any of the requirements of this ordinance, or any subsequently adopted amendments to this ordinance, by any failure of the city on any one or more occasions to seek, or insist upon, compliance with such requirements or provisions. Page 8 5.31.630 Telecommunications carriers or Its assignees subj ect to present and future ordinances and/or resolutions. A. To the extent not inconsistent with applicable law, any telecommunications carrier, its assignees, or transferees shall be subject to, and expected to comply with, all applicable ordinances and/or resolutions now or hereafter adopted and in effect within the city, including this ordinance, to the extent that said telecommunications carrier has not received an exemption or relief from said ordinance(s) and/or resolutions). B. Any telecommunications carrier, its assignee, or transferee shall be subject to all federal and state laws and with all rules and regulations issued by all applicable regulatory agencies now or hereafter in existence. C. To the extent not inconsistent with applicable law, any telecommunications carrier, its assignee, or transferee shall be subject to all enactments which constitute lawful exercises of the city's police power. D. With respect to future ordinances and/or resolutions noted in this section, to the extent not inconsistent with applicable law, nothing contained herein prevents a telecommunications carrier from exercising any and all of its administrative, and legal rights in order to challenge the constitutionality, applicability, and enforceability of said future ordinances and/or resolutions. 5.31.640 Resolution of Inconsistencies with federal or state rules, regulations or laws. In any case of an actual inconsistency between any provision or section of this ordinance and any provision or section of a federal or state rule, regulation, or law, the federal or state rule, regulation or law shall supersede the effect of this ordinance unless such federal or state rule, regulation or law does not preempt, supersede, or make invalid the inconsistency. 5.31.650 Resolution of conflicts between this ordinance and a subsequent franchise agreement or license. Where there is a conflict between this ordinance and a subsequently granted franchise agreement or license, this ordinance shall control and prevail, unless administratively or judicially determined invalid, unenforceable, or unconstitutional. IV. Grant of License or Franchise 5.31.660 Permits and licenses; payment of fees. A. A telecommunications carrier shall obtain, at its own expense, all permits and licenses required by local law, rule, regulation or ordinance, and maintain the same, in full force and effect, for as long as required by the city. B . As a condition of obtaining all necessary permits and licenses, the telecommunications carrier shall pay all applicable permit fees ("permit fees") and, in addition, all of the city's direct labor and supervisory costs, including customary and reasonable overhead (the "labor and materials payment"). The council may, from time to time by resolution, establish the amount of said permit fees. To the extent not inconsistent with applicable law, the permit fees shall be sufficient to reimburse the city for its costs, including the costs of staff, independent consultants, and related overhead, to review the proposed project, processing permits, plan check, inspecting the project including the costs of an outside inspector and, where applicable, the costs of an outside soils engineer or compaction testing expert, and the costs of any required testing to ensure that the construction adheres to standards of this ordinance, any franchise agreement, any license, any permit, and any other requirement of the city. The labor and materials payment shall be sufficient to reimburse the city for its costs, including the costs of staff, independent consultants, and related overhead, direct labor and supervisory costs, including customary and reasonable overhead, to monitor and manage the time, place and manner of the telecommunications carrier's entry, occupation and abandonment of the public right-of-way and shall be paid for the entire time that the telecommunications carrier occupies the public right-of-way. The labor and materials payments shall be paid over the time that the telecommunications carrier occupies the public right-of-way, and the city shall specify the amounts and times of said payments in any encroachment or other permit or license issued to the telecommunications Page 9 carrier. C. Both telecommunications carrier and city may hire contractors, at telecommunications carrier's sole expense, to carry out any work under this agreement. Telecommunications carrier shall make payment within ten (10) days of billing from the city. Telecommunications carrier shall be responsible for any damage caused by the construction including, but not limited to, damage to the public right-of-way, private property, streets, existing utilities, curbs, gutters and sidewalks. Telecommunications carrier shall pay the city any costs incurred as a result of such damages including repairs made by the city except for costs incurred as a result of the city's negligence or its employees' and agents' negligence. Telecommunications carrier shall complete restoration of or repairs to any damage caused by the construction within ten (10) days from the date of written notice from the city. I]. In lieu of the inspection portion of the labor payment or permit fees described in subparagraph (B) above, at the city's sole option, the city may require telecommunications carrier at telecommunications carrier's sole expense, to hire a consultant, who is acceptable to and under the supervision of the city, ("consultant"), to inspect the installation of the telecommunications facilities on behalf of the city, or provide other services as mutually agreed to by the parties. 5.31.670 Use of public property. From and after the effective date of this ordinance, it shall be unlawful for any person to construct, install, or maintain in any street, public right-of-way, public place within the unincorporated area of the city, or within any other public property of city, or within any privately -owned area within city's jurisdiction which is not yet, but is designated as, a proposed public place on a tentative subdivision map approved by city, any equipment, telecommunications facilities, or system for distributing signals or services through a telecommunications system unless a franchise or license, or other agreement acceptable to the city has first been obtained hereunder and is in full force and effect. 5.31.680 Registration. Except as otherwise provided herein and prior to any determination of exemption, all telecommunications carriers engaged or who propose to engage in the business of transmitting, supplying or furnishing of telecommunications service for a fee to customers in the city or who own, operate, or use telecommunication facilities, telecommunications equipment, and/or a telecommunications system in streets, public rights -of -way or public property, shall register with the city pursuant to this section. A. Registration Forms: Registration forms to be provided by the city clerk and completed by the telecommunications carrier, shall include the following: 1. The identity and legal status of the registrant, including any affiliates. 2. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement. 3. A description of registrant's existing or proposed telecommunications facilities within the city. 4. A description of the telecommunications service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the city as well as a specific time table or schedule for the provision of each telecommunications service. 5. Information sufficient to determine whether the registrant is subject to franchising or licensing under this ordinance. 6. Information sufficient to determine that the applicant has applied for and received any c erti fi c ate of authority required by the PUC to provide telecommunications services or telecommunications facilities within the city. The telecommunications carrier shall state which of the telecommunications services, if any, offered or to be offered within the city are not covered or authorized by and said PUC certificate of authority. Page 10 7. Information sufficient to determine that the applicant has applied for and received a construction permit, operating license or other approvals required by the FCC to provide telecommunications services or telecommunications facilities within the city. 8. The identity and address of any and all persons or entities using any portion of, or all, of the telecommunications carrier's telecommunications facilities within the city. 9. Such other information as the city finance director may reasonably require. B . Registration Fee: Each telecommunications carrier registering in accordance with this section shall pay the actual and reasonable costs to the city for processing such registration, including costs incurred by outside consultants who are retained by the city to review a registration. The city finance director shall estimate the amount of said costs and the registering telecommunications carrier shall deposit the amount of said estimate with the registration. C. The telecommunications carrier shall annually, on January 1 of each year, provide the city with a written notice which shall disclose to the city any changes to the information provided by the telecommunications carrier in the registration form completed by the telecommunications carrier and delivered to the city clerk. D. Purpose of Registration: The purpose of registration is to: 1. provide the city with accurate and current information concerning the telecommunications carriers who offer or provide telecommunications services within the city, or that own or operate a telecommunications system within the city; 2. assist the city in enforcement of this ordinance; 3. assist the city in the collection and enforcement of any municipal fees, franchise fees, license fees or charges that may be due the city; 4. assist the city in monitoring compliance with local, state and federal laws. 5.31.690 Telecommunications license. Any telecommunications carrier who desires to construct, install, operate, maintain, or otherwise locate telecommunications facilities, telecommunications equipment, and/or a telecommunications system in, under, over or across any street or public rights -of -way of the city for the purpose of providing telecommunications service to persons or areas outside the city shall first obtain a license granting the use of such street or public right-of-way from the city pursuant to this ordinance. Any telecommunications carrier obtaining a franchise is not subject to this provision and shall be governed by its franchise. A. License Application: Any person that desires a license pursuant to this section shall file an application with the city clerk which shall include the following information and shall be accompanied by an application fee, as established by resolution of the council: 1. - The identity of the applicant, including all affiliates of the applicant. 2. A description of the telecommunications services that are or will be offered or provided by licensee over its telecommunications system. 3. A description of the transmission medium that will be used by the licensee to offer or provide such telecommunications services. 4. Preliminary engineering plans, specifications and a network map of the facilities to be located within the city, all in sufficient detail to identify: a. the location and route requested for applicant's proposed telecommunications facilities. Page I I b. the location of all overhead and underground public utility, telecommunication, cable, water, sewage drainage and other facilities in the streets and public right-of-ways along proposed route. C. the locations, if any, for interconnection with the telecommunications system of other telecommunications carriers. d. the specific trees, structures, improvements, facilities and obstructions, if any that applicant proposes to temporarily or permanently remove or relocate. 5. If the applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications system on existing utility poles along the proposed route and that affected utility has consented to the installation. 6. If applicant is proposing an underground installation in existing ducts or conduits within the streets and public rights -of -ways, information in sufficient detail to identify: a. the excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities; b. the excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. 7. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the streets and public right-of-ways: a. the location proposed for the new ducts or conduits; b. The excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. 8. A preliminary construction schedule and completion date. 9. A preliminary traffic control plan in accordance the work area traffic control handbook, latest edition. 10. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the telecommunications facilities. 11. Information in sufficient detail to establish that the applicant's technical qualifications, experience and expertise regarding the telecommunications system and telecommunications services described in the application. 12. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services. 13. All fees, deposits or charges required pursuant to this ordinance. 14. Any and all convictions or findings by any governmental authority that the applicant has violated any law or ordinance (including environmental laws or ordinances) or license agreement or franchise agreement. 15. Such other and further information as may reasonably be required by the city finance director. B. Application Fee: Any person that desires a license pursuant to this section shall file an application with the city clerk which shall include the following information and which shall be accompanied by an application fee which shall be in an amount which will pay the actual and reasonable costs to the city for processing such application, including costs incurred by outside consultants who are retained by the City to review an application. The city finance director shall estimate the amount of said costs and the applicant Page 12 shall deposit the amount of said estimate with the application. C. Determination by the City Finance Director: Within 120 days after receiving a complete application under this section the city finance director shall issue a written determination granting or denying the license application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial. The city finance director shall consider the following: 1. The financial and technical ability of the applicant. 2. The legal ability of the applicant. 3. The capacity of the streets and public rights -of -ways to accommodate the applicant's proposed telecommunications facilities. 4. The capacity of the streets and public rights -of -ways to accommodate additional utility and telecommunications facilities if the license is granted. 5. The damage or disruption, if any, of public or private facilities, improvements, services, travel or landscaping if the license is granted. 6. The public interest in minimizing the cost and disruption of.construction within the streets and public rights -of -ways. 7. The services that applicant will provide to the community and region. 8. The effect, if any, on public health, safety and welfare if the license is granted. 9. The availability of alternate routes and/or locations for the proposed telecommunications facilities. 10. Applicable federal and state telecommunications laws, regulations and policies. 11. Any and all convictions or findings by any governmental authority that the applicant has violated any law or ordinance (including environmental laws or ordinances) or license agreement or franchise agreement. 12. Such other factors as may demonstrate that the grant to use the streets and public rights -of -ways will serve the community interest. D. Agreement: No license granted hereunder shall be effective until the applicant and the city have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and use streets and public rights -of -way of the city will be granted. E. Nonexclusive Grant: No license granted under this section shall confer any exclusive right, privilege, license or franchise to occupy or use the streets and public rights -of -ways of the city for delivery of telecommunications services or any other purposes. F. Rights Granted: No license granted under this section shall convey any right, title or interest in the streets and public rights -of -ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title. G. Terms of Grant: Unless otherwise specified in a license agreement, a license granted hereunder shall be in effect for a term of ten (10) years. H. Construction Permits: All licensees are required to obtain encroachment permits for telecommunications facilities as required in this ordinance, provided, however, that nothing in this section Page 13 shall prohibit the city and a licensee from agreeing to alternate plan review, permit and construction procedures in a license agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. I. License Fee: Each and every licensee shall be subject to and pay, to the extent not prohibited by applicable federal or state law, a license fee for the use of the property rights granted to the licensee, i.e., the privilege of using streets, public rights -of --way, and easements to construct, maintain, and operate a telecommunications system or any portion thereof, as a condition and requirement of each and every license. The license fee shall consist of the following components: 1. Minimum Compensation Component. Each and every licensee which constructs, maintains, and operates a telecommunications system, or any portion thereof, or provides a telecommunications service, which is not exempt in whole from compensation payment requirements pursuant to federal or state law, shall pay minimum compensation (the "minimum compensation requirement") on an annual basis in an amount to be established in the initial license, franchise, permit, or other authorizations. The council shall from time to time and by resolution establish the minimum compensation requirement and appropriate inflation factor to be utilized in all licenses, franchises, permits, and other authorizations. The minimum compensation requirement shall not exceed the fair market value .e., the privilege of using streets, public rights -of --way, and of the property rights granted to the licensee, i easements to construct, maintain, and operate a telecommunications system or portion thereof, which are not exempt in their entirety from the imposition of a compensation requirement by applicable federal or state law. 2. Additional Compensation. Either at the time of issuance of any license, franchise, permit, or other authorization, or any time thereafter, the city shall determine whether or not the minimum compensation requirement equates to or is less than the fair market value of the property rights granted to the licensee, i.e., the privilege of utilizing streets, public rights -of -way, and easements to construct, maintain, and operate a telecommunications system or portion thereof, which are not exempt in their entirety from the imposition of a compensation requirement pursuant to federal or state law. If the city determines that said non-exempt property rights possess a fair market value in excess of the minimum compensation requirement, the city shall engage in negotiations with the licensee, franchisee, or holder of the permit or authorization to provide additional compensation to the city, in cash or in -kind services or facilities, which represents in value the difference between the minimum compensation requirement and the fair market value (the "additional compensation") (the minimum compensation requirement and the additional compensation shall collectively be referred to as the "total compensation"). Underno circumstances shall the total compensation exceed the fair market value of the non-exempt property rights granted to the licensee, franchisee, or holder of the permit or authorization. To the extent that the city and the applicant agree upon total compensation as part of the issuance of the license, franchise, permit, or other authorization, said agreement shall be binding upon the city for the term of the license, franchise, permit, or other authorization. However, to the extent that the parties cannot or do not agree upon said total compensation in the franchise, license, permit, or other authorization, the council may, from time to time but no more frequently than annually, establish by resolution the additional compensation and modify said additional compensation bused upon changes in the fair market value of the non-exempt property rights granted or conveyed. 3. Acceptance by the applicant of any license, franchise, permit, or other authorization shall constitute an acceptance of the minimum compensation requirement unless the applicant can affirmatively demonstrate that all of the activities, both present and future, which will be conducted utilizing the property rights granted to the applicant are completely and totally exempt from all compensation requirements pursuant to applicable federal or state law. The burden of proof shall be on the applicant. The applicant shall provide all written and oral information, documents and evidence reasonably requested by the city which are necessary or relevant to a determination as to whether all of its activities and uses which use or occupy streets, public rights -of way, and easements are exempt from non -cost recovery compensation. Page 14 J. Appeals: An applicant may appeal the denial of a License or a condition imposed in a license to the council. Such appeal shall be filed in writing with the city clerk by 5 p.m. on the tenth (l Oth) business day following the date of mailing of the city's written decision that is being appealed. The appeal shall be accompanied by a fee as established from time to time by resolution of the council. The council shall schedule a hearing on the appeal within thirty (30) days of the filing of the appeal. The council's decision on the appeal shall be final. 5.31.700 Telecommunications franchise. Any telecommunications carrier who desires to construct, install, operate, maintain or otherwise locate a telecommunications system in, under, over or across any streets and public rights -of -ways of the city, and/or to provide telecommunications service to persons or areas in the city via telecommunications facilities, telecommunications facilities, and/or a telecommunications system in the street and public rights - of -ways, shall first obtain a franchise granting the use of such streets and public rights -of -ways from the city pursuant to this ordinance. A. Franchise Application: Any person that desires a franchise pursuant to this section shall file an application with the city which shall include the following information and shall be accompanied by a franchise application fee to be established by resolution of the council: 1. The identity of the applicant, including all affiliates of the applicant. 2. A description of the telecommunications services that are or will be offered or provided by the franchise applicant over existing or proposed telecommunications facilities. 3. A description of the transmission medium that will be used by the applicant to offer or provide such telecommunications services. 4. Preliminary engineering plans, specifications and a network map of the facilities to be located within the city, all in sufficient detail to identify: a. the location and route proposed for applicant's proposed telecommunications facilities. b. the location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities to be used or constructed in the public way along the proposed route. c . the locations, if any, for interconnection with the telecommunications systems of other telecommunications carriers. d. the specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate, if applicable. e. an engineering plan showing the engineering design of the applicant's telecommunications system within the entire city. 5. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its facilities on existing utility poles along the proposed route and that the owner of the utility has consented to the installation. 6. If applicant is proposing an underground installation in existing ducts or conduits within the street and public rights -of -ways, information in sufficient detail to identify: Page 15 a. the excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities; b. the excess capacity, if any, that will exist in such ducts and conduits after installation of applicant's telecommunications facilities. 7. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the streets and public rights -of -way: a. the location proposed for the new ducts or conduits; b. the excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. 8. A preliminary construction schedule and completion dates. 9. A preliminary traffic control plan in accordance with the work area traffic control handbook, latest edition. 10. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the telecommunications facilities. 11. Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application. 12. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services. 13. Whether the applicant intends to provide cable service, video dial tone service or other video programming service, and sufficient information to determine whether such services is subject to cable franchising. 14. An accurate map showing the location of any existing telecommunications system(s) in the city that applicant intends to use or lease. 15. A description of the telecommunications services or telecommunications facilities that the applicant will offer or make available to the city and other public, educational and governmental institutions. 16. A description of applicant's access and line extension policies. 17. The area or areas of the city the applicant desires to serve and if applicable, a schedule for build -out to the entire franchise area. 18. All fees, deposits or charges required pursuant to this ordinance. 19. Any and all convictions or findings by any governmental authority that the applicant has violated any law or ordinance ('including environmental laws or ordinances) or license agreement or franchise agreement. Page 16 F. Rights Granted: No franchise granted under this section shall convey any right, title or interest in the streets and public rights -of -ways, but shall be deemed a franchise only to use and occupy the streets and public rights -of -ways for the limited purpose and term stated in the grant. Further, no franchise shall be construed as any warranty of title. G. Franchise Territory: A franchise granted under this section shall be limited to the specific geographic area of the city to be served by the franchise applicant, and the specific public ways necessary to serve such areas. H. Franchise Fee: Each and every franchisee shall be subject to and pay, to the extend not prohibited by applicable federal or state law, a franchise fee for the use of the property rights granted to the franchisee, i.e., the privilege of using streets, public rights -of -way, and easements to construct, maintain, and operate a telecommunications system or any portion thereof, as a condition and requirement of each and every franchise. The franchise fee shall consist of the following components: l . Minimum Compensation Component. Each and every franchisee which constructs, maintains, and operates a telecommunications system, or any portion thereof, or provides a telecommunications service, which is not exempt in whole from compensation payment requirements pursuant to federal or state law, shall pay minimum compensation (the "minimum compensation requirement") on an annual basis in an amount to be established in the initial license, franchise, permit, or other authorizations. The council shall from time to time and by resolution establish the minimum compensation requirement and appropriate inflation factor to be utilized in all licenses, franchises, permits, and other authorizations. The minimum compensation requirement shall not exceed the fair market value of the property rights granted to the franchisee, i.e., the privilege of using streets, public rights -of -way, and easements to construct, maintain, and operate a telecommunications system or portion thereof, which are not exempt in their entirety from the imposition of a compensation requirement by applicable federal or state law. 2. Additional Compensation. Either at the time of issuance of any license, franchise, permit, or other authorization, or any time thereafter, the city shall determine whether or not the minimum compensation requirement equates to or is less than the fair market value of the property rights granted to the licensee, i.e., the privilege of utilizing streets, public rights -of -way, and easements to construct, maintain, and operate a telecommunications system or portion thereof, which are not exempt in their entirety from the imposition of a compensation requirement pursuant to federal or state law. If the city determines that said non-exempt property rights possess a fair market value in excess of the minimum compensation requirement, the city shall engage in negotiations with the licensee, franchisee, or holder of the permit or authorization to provide additional compensation to the city, in cash or in -kind services or facilities, which represents in value the difference between the minimum compensation requirement and the fair market value (the "additional compensation") (the minimum compensation requirement and the additional compensation shall collectively be referred to as the "total compensation"). Under no circumstances shall the total compensation exceed the fair market value of the non-exempt property rights granted to the licensee, franchisee, or holder of the permit or authorization. To the extent that the city and the applicant agree upon total compensation as part of the issuance of the license, franchise, permit, or other authorization, said agreement shall be binding upon the city for the term of the License, franchise, permit, or other authorization. However, to the extent that the parties cannot or do not agree upon said total compensation in the franchise, license, permit, or other authorization, the council may, from time to time but no more frequently than annually, establish by resolution the additional compensation and modify said additional compensation based upon changes in the fair market value of the non-exempt property rights granted or conveyed. 3. Acceptance by the applicant of any license, franchise, permit, or other authorization shall constitute an acceptance of the minimum compensation requirement unless the applicant can Page IS 20. Such other and further information as may be requested by the city finance director. B. Franchise Application Fee: Any person that desires a franchise pursuant to this section shall file an application with the city clerk which shall include the following information and which shall be accompanied by an application fee which shall be in an amount which will pay the actual and reasonable costs to the city for processing such application, including costs incurred by outside consultants who are retained by the city to review an application. The city finance director shall estimate the amount of said costs and the applicant shall deposit the amount of said estimate with the application. C. Determination by City Manager: Within 120 days after receiving a complete application under this section hereof, the City Manager s`,a_ll issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial. The City Manager shall consider: 1. The financial and technical ability of the applicant. 2. The legal ability of the applicant. 3. The capacity of the streets and public rights -of -ways to accommodate the applicant's proposed telecommunications facilities. 4. The capacity of the streets and public rights -of -ways to accommodate additional utility and telecommunications facilities if the franchise is granted. 5. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted. 6. The public interest in minimizing the cost and disruption of construction within the streets and public rights--of-ways. 7. The service that applicant will provide to the community and region. 8. The effect, if any, on public health, safety and welfare if the franchise requested is granted. 9. The availability of alternate routes and/or locations for the proposed telecommunications facilities. 10. Any and all convictions or findings by any governmental authority that the applicant has violated any law or ordinance (including environmental laws or ordinances) or license agreement or franchise agreement. 11. Applicable federal and state telecommunications laws, regulations and policies. 12. Such other factors -as may demonstrate that the grant to use the streets and public rights -of -ways will serve the community interest. D. Agreement: No franchise shall be granted hereunder unless the applicant and the city have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and/or use the public ways will be granted. E. Nonexclusive Grant: No franchise granted under this section shall confer any exclusive right, privilege, license or franchise to occupy or use the streets and public rights -of -ways for delivery of telecommunications services or any other purposes. Page 17 affirmatively demonstrate that all of the activities, both present and future, which will be conducted utilizing the property rights granted to the applicant are completely and totally exempt from all compensation requirements pursuant to applicable federal or state law. The burden of proof shall be on the applicant. The applicant shall provide all written and oral information, documents and evidence reasonably requested by the city which are necessary or relevant to a determination as to whether all of its activities and uses which use or occupy streets, public rights -of -way, and easements are exempt from non -cost recovery compensation. I. Appeals: An applicant may appeal the denial of a franchise or a condition imposed in a franchise to the council. Such appeal shall be filed in writing with the city clerk by 5 p.m. on the tenth (l Oth) business day following the date of mailing of the city's written decision that is being appealed. The appeal shall be accompanied by a fee as established from time to time by resolution of the council. The council shall schedule a hearing on the appeal within thirty (30) days of the filing of the appeal. The council's decision on the appeal shall be final. 5.31.710 Term of license or franchise. The term of a license or franchise shall be as specified therein and shall not exceed ten (10) years from the date that a franchise is approved by the council and executed by both the city and the affected telecommunications carrier. 5.31.720 Assignment, transfer or sale of franchise or license. A. There shall be no assignment of a franchise or license, in whole or in part, or any change in control of the franchised or licensed telecommunications carrier, without the prior express written approval of the city. B. Any assignment or transfer, or any change in control, without the city's prior written consent shall constitute a default which will cause a franchise or license to terminate. C. At least one hundred twenty (120) days before a proposed assignment or change in control of the franchise or license is scheduled to become effective, the telecommunications carrier shall request in writing the city's consent. The telecommunications carrier shall submit to the city (concurrently with the submission of its written request) (1) any other information or documentation required by the state or federal government; (11) the information referenced in this ordinance; (iii) unedited and unredacted copies of the sale or transfer documents with all schedules and exhibits thereto; and (iv) information regarding the financial ability and stability of the proposed assignee with respect to being able to perform all obligations of the existing franchise or license. D. The city shall not unreasonably withhold its consent to such an assignment or change in control. However, in evaluating the request for assignment, transfer, sale, or change in control, the city may, in its sole discretion and among other things, undertake a technical inspection and audit of the telecommunications system to determine whether the telecommunications system complies with all applicable technical and safety codes, and with this ordinance, the franchise, or license. E. If the city determines (as a result of the technical inspection and audit) that the telecommunications system does not comply with federal, state, or local standards, then the telecommunications carrier shall be provided with an opportunity to correct or cure the non-compliance. In the alternative and in the discretion of the council, the city may work with both the current and proposed telecommunications carrier to cure the non-compliance. F. Before an assignment or change in control is approved by the city, the proposed assignee, transferee, or buyer shall execute an affidavit acknowledging that it has read, understood, and will abide by both this ordinance and the applicable franchise or license. Page 19 G. In the event of any approved assignment or change in control, the assignee or transferee shall assume all obligations and liabilities of the former telecommunications carrier relating to the franchise or license unless specifically relieved by the city at the time the assignment or change in control is approved. H. Reimbursement of Processing and Review Costs. The telecommunications carrier shall reimburse city for city's reasonable processing and review expenses in connection with a transfer of the franchise or license or a change in control of the franchise or license, including, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, costs of consultants (including technical and legal experts), notice and publication costs, and document preparation expenses. City may send the telecommunications carrier an itemized description of all such charges, and the telecommunications carrier shall pay such amount within twenty (20) days after the receipt of such description. I. Violation. If the telecommunications carrier violates any provision of this paragraph, the franchise or license shall automatically terminate. 5.31.730 Possessory interest. By accepting any franchise, license, or permit granted pursuant to this ordinance, telecommunication carrier acknowledges that notice is and was hereby given to telecommunication carrier pursuant to California Revenue and Taxation Code Section 107.6 that use or occupancy of any public property may cause certain taxes to be levied upon such interest. Telecommunication carrier 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 public property pursuant to any right of possession, occupancy or use created by any franchise or license. V. Regulation of Chapter 5.31.740 Administration --Declaration of powers and authority. A. The city finance director is designated the officer of the city that is responsible for the continuing administration of this ordinance and matters related to telecommunications service. B... Unless prohibited by federal, state or local law, the city finance director may further delegate his/her powers and authority to a duly authorized representative with respect to administering this ordinance or an applicable franchise or license. VI. General Financial and Insurance Provisions 5.31.750 'Indemnity. A. Except as provided in or as supplemented by any franchise agreement or license, and to the maximum extent permitted by applicable law, a telecommunications carrier shall at all times defend, indemnify, protect, save harmless, and exempt the city, the council, its officers, agents, servants, attorneys and employees, from any, and all, penalty, damage or charges arising out of claims, suits, demands, causes of action, or award of damages whether compensatory or punitive, or expenses arising therefrom, either at lave or in equity, which arise out of, or are caused by, the construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal or restoration of a telecommunications system within the city based upon any act or omission of a telecommunications carrier, its agents or employees, contractors, subcontractors, independent contractors, or representatives. with respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included as those costs which shall be recovered by the city. 5.31.760 Liability insurance. Page 20 A. Except as provided in or as supplemented by any franchise agreement or license, a telecommunications carrier shall secure and maintain, public liability, property damage insurance, and umbrella coverage in at least the following amounts: 1, Public liability: One million dollars per person/per occurrence; 2. Property damage: One million dollars per any one claim; 3. Umbrella liability: Five million dollars. B. The public and personal liability and property damage insurance policy shall specifically include the city, the council, its employees, and agents as additional insureds. C. The public and personal liability and property damage insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and which has one of the three highest or best ratings from the Alfred M. Best Company. D. The public liability and property damage insurance policies shall contain an endorsement obligating the insurance company to furnish the city with at least thirty (30) days written notice in advance of the cancellation of the policy. E. Renewal or replacement policies or certificates shall be delivered to the city at least fifteen (15) days before the expiration of the insurance which such policies are to renew or be replaced. F. Before a telecommunications system provides telecommunications service to subscribers, the telecommunications carrier shall deliver the policies or certificates representing the insurance to the city as required herein. 5.31.770 Financial security. A. Security Fund. 1. Prior to the effective date of the any franchise, license, permit or other authorization, the telecommunications carrier shall deposit into a bank account established by the city, which may be commingled with security deposits from other telecommunications carriers, and shall maintain on deposit through the term of any franchise, license, permit, or other authorization, a sum specified in any franchise, license, permit, or other authorization as security for the faithful performance by telecommunications carrier of all of the provisions of any franchise, license, permit or other authorization, and compliance with this ordinance and with all orders, permits and directions of the city, or any designated representative of the city having jurisdiction over telecommunications carrier's acts or defaults under any franchise, license, permit or other authorization of this ordinance, and as security for the payment to the city of any claims, fees, liens, or taxes due the city which arise by reason of the construction, operation or maintenance of the system pursuant to any franchise, license, permit or other authorization, or this ordinance, and to satisfy any actual or liquidated damages arising out of a breach. 2. Except as otherwise provided in any franchise, license, permit, or other authorization, if the telecommunications carrier fails, after twenty (20) days written notice, to pay to the city any fees that are due and unpaid, or fails to repay within such twenty (20) days, any damages, costs or expenses which the city is compelled to pay by reason of any act or default of the telecommunications carrier in connection with its franchise, license, permit, or other authorization; or if telecommunications carrier fails to comply with any provision of any franchise, license, permit, or other authorization or this ordinance and the city determines that such failure was without just cause and, in a manner consistent with the procedures Page 21 specified in this ordinance, city reasonably determines it can be remedied by a withdrawal from the security fund or is nevertheless subject to liquidated damages, then, in any such event, the city may immediately withdraw the amount thereof from the security fund, with interest and any liquidated damages. Upon such withdrawal, the city shall notify the telecommunications carrier of the amount and the date of withdrawal. 3. Within thirty (30) days after notice to telecommunications carrier that any amount has been withdrawn by city from the security fund, the telecommunications carrier shall deposit a sum of money sufficient to restore such security fund to the original amount. 4. Telecommunications carrier shall be entitled to the return of the security fund, or portion thereof, with interest, that remains on deposit at the expiration or termination of any franchise, license, permit, or other authorization, once all amounts due to the city have been paid. 5. The rights reserved to the city with respect to the security fund are in addition to all other rights of the city, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right the city may have. B . Faithful Performance Bond. Prior to issuance of any franchise, license, permit, or other authorization, telecommunications carrier shall furnish proof of the posting of a faithful performance bond in favor of the city, with corporate surety approved by the city in the sum specified in any franchise, license, permit, or other authorization and conditioned that the telecommunications carrier shall well and truly observe, fulfill, and perform each term and condition of any franchise, license, permit, or other authorization; provided, however, that such bond shall not be required after certification by city of the completion of construction. The corporate surety must be authorized to issue such bonds in the State of California, and the bond must be obtained and secured through an authorized agent in the County of San Luis Obispo. During the course of construction, the amount of the bond may from time to time be reduced, as provided in any franchise, license, permit, or other authorization. Written evidence of payment of premiums shall be filed with the city. VIL Design and Construction Provisions 5.31.780 Conditions of use of streets and public rights -of -ways. A. All wires, conduits, cable (coaxial, fiber or functional equivalent), and other property and facilities of a telecommunications carrier shall be so located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and travel upon the streets, public right-of-way, easements and public property of the city as well as adjacent private property pursuant to a routing plan to be approved by the city finance director or his/her designee. B . In the event a telecommunications carrier's system creates a hazardous or unsafe condition or an unreasonable interference with property, such telecommunications carrier shall voluntarily, or upon the request of the city, remove or modify that part of the telecommunications system to eliminate such condition from the subject property. C. A telecommunications carrier shall not place equipment where it will interfere with existing and future city uses of the streets, public right-of-way, or public property, with the rights of private property owners, with gas, electric, or telephone fixtures, with water hydrants or mains, with wastewater stations, with any traffic control system, or any other service or facility that benefits the city's or its residents' health, safety or welfare. D. A telecommunications carrier, at its own expense, shall protect streets and public rights -of - ways, easements, and support or temporarily disconnect or relocate at its sole cost in the same street or other street or public right-of-way, any property of such telecommunications carrier when necessitated by reason of: Page 22 1. Traffic conditions; 2. Public safety; 3. Temporary or permanent street closing; 4. Street construction or resurfacing; S. A change or establishment of street grade; 6. Installation of sewers, drains, water pipes, storm drains, lift stations, force mains, power or signal lines, and any traffic control system; or 7. Any improvement, construction or repair or any improvement related to the city's or its residents health, safety or welfare. E. It shall be the responsibility of a telecommunications carrier to locate and mark or otherwise visibly indicate and alert others to the location of its underground cable before employees, agents, of independent contractors of any entity perform work in the marked -off area. The telecommunications carrier shall participate in and adhere to the practices of underground services alert ("USA") and provide at least forty-eight (48) hours prior notice to USA prior to any excavation. 5.31.790 Duty to remove telecommunications facilities from streets, public rights -of -way, easements and public property. A. whenever the following occurs: I. A telecommunications carrier ceases to operate all, or part of the telecommunications system for a continuous period of six (6) months; 2. A telecommunications carrier ceases and fails to complete construction of the telecommunications system outlined in the franchise agreement or license; 3. The city elects not to renew any franchise or license pursuant to the provisions set forth in this ordinance; or 4. The telecommunications carrier's franchise or license is revoked pursuant to the provisions set forth in this ordinance. Unless the city or another telecommunications carrier uses such telecommunications system in accordance with any temporary continuity of service provisions, the affected telecommunications carrier shall at its expense promptly remove its telecommunications system from the streets, public rights -of -ways, and public property located within the city. B . If not removed voluntarily by a telecommunications carrier, then the city may notify such telecommunications carrier that should removal of the property not be accomplished within two hundred seventy (270) days, or substantial progress towards removal not be made within two hundred ten (210) days, the city may direct its officials or representatives to remove such telecommunications system property at that telecommunications carrier's expense. The faithful performance bond, letter of credit, or security fund required as set forth in this ordinance shall be available to pay for such work. C. If officials or representatives of the city remove a telecommunications system, and such telecommunications carrier does not claim the property within one hundred twenty (12 0) days of its removal, then the city may take whatever steps are available under state law to declare the property surplus, and sell Page 23 it, with the proceeds of such sale (if permitted by state law) going to the city. D. when such telecommunications carrier removes its telecommunications system from the streets, public rights -of -ways and public property located within the city., the telecommunications carrier shall at its own expense, and in a manner approved by the city, replace and restore such public property to a condition comparable to that which existed before the work causing the disturbance was done. E. Removal of Deactivated Equipment. Telecommunications carriers shall maintain the deactivated telecommunications facilities at no cost to the city until removed by the telecommunications carrier. The telecommunications carrier shall provide a written list to the city of all deactivated telecommunications facilities located within the city at quarterly intervals. The telecommunications carrier shall remove or disable non -useful telecommunications facilities in accordance with its normal practice. However, above -ground level telecommunications facilities which are no longer used or useful shall be removed within the period specified by the city and may not be left in the public right-of-way without the permission of the city. The telecommunications carrier shall provide the city a list of the specific telecommunications facilities to be removed and their locations. The telecommunications carrier shall remove all these telecommunications facilities within ninety (90) days after an underground system is activated. 5.31.800 Construction standards. A. Methods of construction, installation, maintenance and repair of any telecommunications system shall comply with the most current editions of the Zoning Codes, Building Codes, Construction Codes, Plumbing Codes, National Electrical Safety Code the National Electric Code and any applicable federal or state codes, regulations or requirements. B . All construction, installation, maintenance and repair shall treat the aesthetics of the property as a priority, shall not substantially affect the appearance or the integrity of the structure, and shall not be installed on the bias across the property or side of a residence or other structure without the property owner's permission. C. All underground drops shall follow (to the greatest extent possible) property lines, and cross property only at right angles unless otherwise permitted by the property owner, or required due to the physical characteristics of the subsurface, or required under applicable law. The city may, either by way of a generally applicable resolution or through the imposition of routing conditions in any franchise agreement or license or permit, determine the routing or placement of cable, conduit, nodes, pedestals, power supplies, vaults, and other equipment relating to the telecommunications system. D . Construction Hours. All construction shall be accomplished between the hours specified by the city in the approved permit or ordinances or as otherwise agreed to by the parties. Construction shall not interfere with the services of the city or third parties. E. Telecommunications carrier shall install its system, and all portions thereof, completely below ground in those areas where existing utilities are underground. In areas of overhead utilities, or areas where utilities are located both above -ground and below -ground, telecommunications carrier shall place all above -ground active and passive equipment in low profile waterproof pedestals whose design, size, appearance, and placement have been prior approved by the city engineer in writing. Above -ground installations shall only be allowed in situations where the applicant has demonstrated to the reasonable satisfaction of the city engineer that no below -ground placement is physically or economically possible. F. Telecommunications carrier shall provide the city a central 24 hours a day, seven days a week, telephone contact number to receive complaints from city or its residents regarding right-of-way installations. Telecommunications carrier shall maintain such telephone contact number so long as Page 24 telecommunications carrier maintains any telecommunication equipment, telecommunication facilities, or telecommunications system, or portion thereof, in, above, or under streets, public rights -of -way, and easements. 5.31.810 Construction default. A. Upon the failure, refusal or neglect of the telecommunications carrier to cause any construction, repair, or the terms of any building permit, or other necessary work to comply with the terms of the franchise agreement or license, thereby creating an adverse impact upon public safety, city may (but shall not be required to) cause such work to be completed in whole or in part, and upon so doing shall submit to the telecommunications carrier an itemized statement of costs. The telecommunications carrier shall be given reasonable advance notice of city's intent to exercise this power, and fifteen (15) days to cure the default. The telecommunications carrier shall, within thirty (30) days of billing, pay to city the actual costs incurred. B . Stop work Notice. whenever construction is being performed in a manner contrary to the provisions of this agreement, the city finance director, or an inspection official representing the city, may order the work stopped by notice in writing served on any person engaged in, or causing the construction. Any work stopped shall not resume until authorized in writing by the city finance director or his or her designated representative. 5.31.820 Vacation or abandonment. In the event any street, alley, public highway, or portion thereof used by the telecommunications carrier shall be vacated by the city, or the use thereof discontinued by the telecommunications carrier, upon reasonable notice the telecommunications carrier shall forthwith remove its facilities therefrom unless specifically permitted to continue the same. On the removal thereof, the telecommunications carrier shall restore, repair or reconstruct the area where such removal has occurred, to such condition as may be required by the city, but not in excess of the original condition. In the event of any failure, neglect or refusal of the telecommunications carrier, after thirty (30) days' notice by the city, to do such work, city may cause it to be done, and the telecommunications carrier shall, within thirty (30) days of billing, pay to city the actual costs incurred. 5.31.830 Abandonment in place. City may, upon written application by the telecommunications carrier, approve the abandonment of any property in place by the telecommunications carrier under such terms and conditions as city may approve. Upon city approved abandonment of any property in place, the telecommunications carrier shall cause to be executed, acknowledged, and delivered to city such instruments as city shall prescribe and approve transferring and conveying the ownership of such property to city. 5.31.840 Undergrounding of cable. Cables shall be installed underground at the telecommunications carrier's cost where substantially all existing utilities are already underground or will be undergrounded pursuant to the city's adopted undergrounding policy. Previously installed aerial cable shall be installed underground at the telecommunications carrier's pro rata cost in concert with other utilities when and if those other utilities convert from aerial to underground constTuction. 5.31.850 Facility agreements. No franchise or license shall relieve the telecommunications carrier of any obligations involved in obtaining pole or conduit space from any department of city, any utility company, or from others maintaining utilities 1n city's streets. Page 25 5.31.860 Erection of poles prohibited. The telecommunications carrier shall not erect any pole on or along any street or public way. If additional poles in an existing aerial route are required, the telecommunications carrier shall negotiate with the public utility for their installation. Any such installation shall require the advance written approval of the city. 5.31.870 System technical data. The telecommunications carrier shall provide city with a computer disk or other data storage device requested by city, in a format approved by city, which details and documents all of the telecommunications carrier's equipment and facilities and their geographic location in the city. Such computer disk or other device shall be updated annually and whenever there have been significant changes in the location of the telecommunications carrier's equipment and telecommunications facilities. In addition, the telecommunications.carrier shall maintain in its local office a complete and up-to-date set of as -built system maps and drawings upon completion of construction or reconstruction, equipment specification and maintenance publications, and signal level diagrams for each active piece of electronic equipment in the system. As -built drawings shall show all lines and installed equipment, and tap values and spigots. The scale of maps and drawings shall be sufficient to show the required details in easily readable form and size. Technical data at the local office shall also include approved pole applications, details and documentation of satellite and microwave equipment, mobile radio units, heavy construction vehicles and equipment, and video and audio equipment normally used in the operation of the system. If city requires use of technical data in its own offices, it may make copies of any items at city's expense. 5.31.880 Availability of technical data. All technical data shall be available for city's inspection during normal business hours and upon reasonable notice. In the event of system failure or other operating emergency, the technical data will be made available at any time, so long as the provision of said data does not unreasonably interfere with the telecommunications carrier's operations. VIII. Rights Reserves to the City 5.31.890 Inspection and review of books, records and other data. A. A telecommunications carrier shall keep complete and accurate books of accounts, and records of the business and operations under, and in connection with, the telecommunications system. B. The city shall have the right to review (either by mail or at the telecommunications carrier's local office) all records needed for the administration and enforcement of this ordinance and/or franchise agreement or license on seven (7) days written request. Such review shall occur within the telecommunications carrier's regular office hours unless a different time is otherwise mutually agreed upon or administratively or judicially ordered. C. The city shall have the right to hire, at its own expense, an independent certified public accountant, or other business or financial expert, to review the books and records of a telecommunications carrier. If after a financial audit it is determined that the telecommunications carrier has underpaid amounts owed to the city by an amount exceeding two percent (2%) of what was actually paid, then the city may require the telecommunications carrier to reimburse the city for the actual cost of the audit. D. A false entry into the books and/or records of a telecommunications carrier, made by a telecommunications carrier, of a material fact shall constitute a material violation of this ordinance. Page 26 E. A telecommunications carrier shall provide to the city upon its request complete and accurate books and records of the key aspects of the telecommunications system's operation for at least the preceding three (3) years in such a manner that all matters pertaining to the city can be easily produced and/or verified at the request of the city. Also, the telecommunications carrier shall provide upon request any other applicable records and information that may be required by any other federal or state agency having jurisdiction over one or more classes of telecommunications carrier. 5.31.900 Reservation of right to inspect construction, documents related to construction, and tests related to performance, technical integrity and quality of signal, preventive maintenance and safety. In order to verify that a telecommunications carrier has constructed and maintained the telecommunications system in the manner required by this ordinance, and conducted the various performance, technical integrity, preventive maintenance and safety tests required by federal, state and local laws, the city reserves the right to inspect, at the expense of the telecommunications carrier, all facets of a telecommunications carrier's construction, as well as to inspect documents related to construction, and inspect test results related to performance, technical integrity, preventive maintenance and safety. 5.31.910 Revocation and termination. In addition to all other rights and powers retained by the city, the city shall have the right to revoke any franchise or license granted hereunder and to terminate all rights and privileges of the franchisee or licensee hereunder in the event of a substantial breach of the terms and conditions of said franchise or license, or of any rule or regulation of the city or city engineer. A substantial breach by a franchisee or licensee shall include, but shall not be limited to, the following: l . Violation of any material provision of this ordinance or of any franchise or license granted or renewed or pursuant to this ordinance; 2. Any attempt by a franchisee or licensee to evade any material provision of the franchise or license or to practice any fraud or deceit or deception upon the city; 3. The failure of a franchisee or licensee to obtain permits for, or to begin or complete construction as provided under this ordinance and under the franchise or license; 4. Material misrepresentation of fact by a franchisee or licensee in the application for or negotiation of the franchise or license; 5. Conviction of any director, officer, employee, or agent of a franchisee or licensee of the offense of bribery or fraud connected with or resulting from the awarding of the franchise or license; 6. Failure of a licensee or franchisee to pay any license fee or franchise fee or other compensation required by this ordinance, or required by any franchise or license granted pursuant to this ordinance, to the city when due. 7. Failure of a licensee or franchisee to pay said fee shall also require the franchisee or licensee to pay interest on any past -due fee or compensation to the city at the rate of one and one-half percent per -month on the unpaid amount. Ix. Rights Reserved to the Telecommunications Carrier 5.31.920 Telecommunications carriers seeking relief from this ordinance. Page 27 A. Any telecommunications carrier governed by this ordinance may file a written petition, at any time, with the council seeking relief from one or more provisions of this ordinance. A telecommunications carrier may specifically request the exemption from, or delay in implementation of one or more provisions of this ordinance. Also, the telecommunications carrier may request that a specific provision of this ordinance apply to such telecommunications carrier for a specified length ❑f time or duration. The burden of persuasion and proof shall be on the requesting telecommunications carrier. The petition shall set forth the relief requested and the basis thereof with such supporting information and material as may be applicable and as requested by the city. B . In order to receive any relief from one or more of the provisions of this ordinance, a telecommunications carrier must demonstrate and prove to the council's reasonable satisfaction that at least one of the following facts exist: 1. That compliance with a particular provision and/or requirement would be commercially impracticable; or 2. That the telecommunications carrier has its own construction, maintenance, operation or customer service policies, which the council deems comparable to, or which exceed, any provision and/or requirement from which the telecommunications carrier seeks relief, or 3. That the health, safety and welfare interests of the city otherwise warrant the granting of such relief. C. As an alternative to seeking an exemption, or requesting relief, a telecommunications carrier may petition for clarification concerning the precise intent and effect that one or more provisions or sections of this ordinance has on the petitioning telecommunications carrier. D. In those instances in which a telecommunications carrier submits a petition for relief or clarification in accordance with this section, the petitioning telecommunications carrier shall pay the actual and reasonable costs to the city for processing such a petition, including costs incurred by outside consultants who are retained by the city to review a petition. At the time such a petition is filed with the city, the city finance director shall estimate the amount of said costs and the petitioning telecommunications carrier shall deposit the amount of said estimate with the petition. X. Force Majeure 5.31.93 o Inability to perform. Notwithstanding the other provisions of this ordinance, a telecommunications carrier shall not be held in violation or material breach, default, or noncompliance of this ordinance or a franchise agreement, nor suffer any enforcement or penalty relating thereto (including where applicable, termination, cancellation or revocation of a franchise or franchise agreement or license), where such violation, breach, default or noncompliance occurred or was caused by the force of an earthquake, flood, tidal wave, hurricane, or similar act of nature, or other event that is beyond a telecommunications carrier's ability to reasonably anticipate and control. XI. Reports 5.31.940 Retention and submission of reports and records. A. A telecommunications carrier shall maintain and retain such records and reports reasonably necessary for the city to determine compliance with the obligations imposed on it by this ordinance. Page 28 B . Upon request, a telecommunications carrier shall submit to the city a list of files, reports, records, data or other information that the telecommunications carrier periodically, customarily, and/or regularly files with the FCC, or another federal or state agency. For any other filing that a telecommunications carrier files with another federal or state agency (and that has a direct impact on the operation of the telecommunications system), then the telecommunications carrier shall notify the city of such filing within five (5) days of said filing. Said notice shall inform the city of the nature and scope of the filing, as well as the recipient (name, address, department, division, and phone number) of the filing. For any matter related to the administration and enforcement of a franchise or license, the city may specifically request that it be provided with any, or all listed reports, records, data, or other information that were filed with the FCC, the Securities and Exchange Commission, or another federal or state agency. C. A telecommunication carrier shall provide the following information and reports periodically to the city as more specifically described herein: 1. A telecommunication carrier shall furnish the city with the names and addresses of every affiliated person, third party, or person other than the applicant that has entered into a customer agreement, telecommunications agreement, or any other agreement which authorizes, directly or indirectly, any affiliated person, third party, or person other than the applicant to utilize, by way of sale, lease, or otherwise, telecommunications equipment, telecommunications facility, or all or a portion of the telecommunications system (the "telecommunications agreement") within the city upon the issuance of any license or franchise. 2. Upon executing any new telecommunications agreement, or any other agreement which allows an affiliated person, third party, or person other than the applicant to utilize telecommunications equipment, telecommunications facility, or all or a portion of the telecommunications system within the city, for the provision of video services, cable television services, or telecommunications services, the telecommunication carrier shall promptly furnish the city with a copy of the executed agreement. 3. Telecommunication carrier shall include a provision substantially similar in purpose and effect to the provision specified in subparagraph (4) below (the "government approval provision") in all future negotiated telecommunications agreements. If the city determines that an affiliated person, a third party, or a person other than the applicant has failed to comply with the governmental approval provision requiring prior approval from the city, the city will provide written notice to the telecommunication carrier and to the affected party. If the affected party fails to come into compliance or reach an agreement with the city within thirty (30) days from the date when the telecommunication carrier receives written notice from the city of the dispute, then the telecommunication carrier will notify the third party that it is in breach of its telecommunications agreement and that it will implement reasonable steps consistent with said telecommunications agreement to terminate the agreement or the portion of the agreement which provides for the provision of services which required governmental approval for which said approval was not obtained. 4. The government approval provision shall read in substance as follows: "... shall obtain all government franchises, licenses, permits, approvals or consents necessary for it to provide service within the City of Morro Bay ("approvals") pursuant to this Agreement. Failure to obtain such approvals, or to maintain them as necessary during the term of this Agreement, shall constitute a material breach of this Agreement." 5. Any information, agreements, or documents received by the city pursuant to this paragraph shall be maintained as confidential to the extent allowed and consistent with applicable law. Page 29 X11. Miscellaneous Provisions 5.31.950 Construction. This chapter shall be construed in accordance with the applicable federal and state laws governing telecommunications carriers, telecommunications services, telecommunications systems, and telecommunications facilities. 5.31.960 Scope. This chapter shall apply within the geographical limits of the city. 5.31.970 Severability. If any word, phrase, sentence, part, section, subsection, or other portion of this ordinance, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this ordinance, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. 5.31.980 Notices. A. Both the city and each telecommunications carrier shall provide the other with the name and address of the contact designated to receive notices, filings, reports, records, documents and other correspondence. All notices shall be delivered to each party's contact by certified mail, return receipt requested, personal service with a signed receipt of delivery, overnight with receipt verification, or facsimile. All other filings, reports, records, documents and other correspondence may be delivered by any legally permissible means including, but not limited to, facsimile transmission, personal service, overnight mail, or package delivery. The delivery of all notices, reports, records and other correspondence shall be deemed to have occurred at the time of receipt unless otherwise designated by state law. B. If the telecommunications carrier is required to maintain a franchise, then the designation of such contact person for notice purposes may be contained within a franchise agreement or license. Page 30 INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 14th day of August 2000 by motion of Councilmember Peters seconded by Councilmember Peirce 6 PASSED AND ADOPTED on the 14th day of August 2000, by the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer Prey I Na 'koil 0"i /oclier Anderson, Mayor f A.. Bridgett Ba r. City Clerk Ile F. 51 Robert W. Schultz, CiAttorney Page 31 ORDINANCE NO.481 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (MILITARY SERVICE CREDIT AS PUBLIC SERVICE FOR LOCAL MISCELLANEOUS MEMBERS) THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: giartinn 1 That an amendment to the contract between the City Council of the City of Morro Bay and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference. made a part hereof as though herein set out in full. iqPrti nn 7- The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. gev.ti nn I _ This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 10 days from the passage thereof shall be published at least once in the Sun -Bulletin, a newspaper of general circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. INTRODUCED at a meeting of the City Council of Morro Bay held on the 14th day of February, 2000 by motion of Councilmember Peters , seconded by Councilmember Elliott ordinance No. 481 Page Two PASSED AND ADOPTED on the 13th day of March, 2000 by the following vote: AYES: Anderson, Grauer, Elliott, Peirce, Peters NOES: None ABSENT: None 4 odg, r Anderson, Mayor ATTEST: Bridgett Bat, City Clerk FAI, ww .Robert W. Schultz, Cty ttorney '000,00 CaIPERS Ail EXHIBIT California Public Employees' Retirement System II � �IINIi I f l l l l fl1'll l lol ' Between the Board of Administration California Public Employees' Retirement System and the City Council City of Morro Bay __ rt•••_w>Ttt•„+'N._____1-[____ _ _ _ _ _ _ .. _ ___ 3G£ �Y.RD'. " . fcG•n.".•",:y .....".________ ,.,•n , ",w".,.. .... .:.. The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1955, and witnessed June -1, 1965, and as amended effective August 15, 1981, November 19, 1983, January 7, 1989, June 24, 1989, June 22, 1991, June 10, 1994, June 9, 1998, and October 17, 1998 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective October 17, 1998, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1955 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. p � h� � 7•' � �'y � �1 :� � �S:rti y � � i � 1 �.'� .,Y 4•TJ :: ,�'•4 `�" � -y F �� -1�',l '4 ': � �. q�'3 3 i r? I. x''."r,.'•. ..-�. � ... -. 'i� .. - �� - • IN 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members); 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. ELECTED OFFICIALS; b. APPOINTIVE COMMISSIONS; AND C. PERSONS COMPENSATED ON AN HOURLY BASIS. 5. This contract shall be a continuation of the benefits of the contract of the Morro Bay Fire District, hereinafter referred to as "Former Agency", pursuant to Section 20508 of the Government Code, Former Agency having ceased to exist and succeeded by Public Agency on July 1, 1955. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed Section 20508, Statutes of 1949, effective January 1, 1988. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits) for local police members only. b. Section 20965 (Credit for Unused Sick Leave). nT N' 'vj ;s C. Section 20042 (One -Year Final Compensation) for local safety members only. d. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local police members and local miscellaneous members only. e. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. f. Section 20423 ("Local Safety Member" shall include Harbor or Port Police officers as described in Government Code Section 20423). 9. Public Agency, in accordance with Government Code- Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on August 15, 1981. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local fire members. C. A reasonable amount, as fixed by the Board, payable in one installment within 00 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public -Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the I day of BOARD OF ADM I N ISTRATI O:14 PUBLIC EMPLOYEES' RETIREMENT SYSTEM �9 BYh KENNETH W. MARZIO[ CHIEF ACTUARIAL & EMPLAR SERVICES DIVISION PUBLIC EMPLOYEE!iPNRETIREM ENT SYSTEM ",} AMENDMENT PERS-CON-702A (Rev. 8\98) CITY COUNCIL CITY OF M O R R O BAY BY �= PRESIDING OFFI..:,--R All Witness Date Attest: Clerk AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAT, CALIFORNIA, AMENDING, DELETING AND ADDING CERTAIN SECTIONS TO TITLE 7 OF THE MORRO BAY MUNICIPAL CODE REGARDING Whereas, the City of Morro Bay is granted the police power to regulate animals to accord the health,, safety., and welfare of the general public under Article IX, Section 7 of the California Constitution; and Whereas, the City of Morro Bay has contracted with the County of San Luis Obispo for Animal Control Services with the st*IP ulation that City and County ordiimces be in substantial compliance for regulatory and enforcement purposes; and Whereas, ordinances enacted by the City cannot be in conflict with the general laws of the State of California; and Whereas, mmendments to the Munic'IP al Code have been drafted to comply with State 'Law and incorporate changes included in San Luis Obispo County Title 9 regarding the regulation of animals to protect the public health safety and welfare; .1 TO NOW, THEREFORE, the City Council of the City ofMorro Bay does ordain to amend Title 7 of the Morro Bay Municipal Code to read in full as follows: Sections: 7.04.010 Establishment of a public pound. 7.04-020 Animal control officer - Duties. 7.0-4.030 Animal control officer - Citation authority - Autbority to carry weapons. 7.04,040 7.04.050 I Lk 1, 7.04,065 Fees. 7.04.070 Unnecessary noise 7.04.080 Noise/nuisance abatement'. 7.04.085 Nuisance abatement he- r�aring - procedures and findings. ispose of dead animals. 7.04.090 Owners' 7 d 7,04.100 Dt�r�� disposal of dead animals. 7.04.110 Definitions d> 0' YAnimal s,.7.04.130 enston. As W 7.04.140 Interference with animal control office 7.04.145 Violation of z. 7.04.160 -raft am_ ffi==�= license required. 7.0 .010 Establishment o a public pound. A public pound is authorized and established, at such place M San Luis Obispo County as shall be wed from tine to time by the B o and of Supervisors. The public p o uud, or any authorized branches thereof, shall provide -` a 7.0.00 Animal control officerDuties -ref control officer _ There shall = a`�_ _ -- _ _ - - A 7.r ^ o shall fiction The - r.:: -: It shah he the duty of the chief anima as a division of the - u77_ - ±` ^-: dui authorised and e� loyees to carry out the provisions control officer and y �._-. a.� able statutes of the State and to be in charge of the public pound hereby o �' this title, and ali applicable � authorized and established. 7.04.030 Animal Control Officer - Citation authority ity - Authority to carry weapons. A. The Chief Animal Control Officer and hisduly authorized __` -_ =Y shall have the power to issue citations pursuant to Section 7.04.020 of this code. B . Animal control officers, when acting in the course and scope of their duties, shaH - _ __ .cR_ "a'y ✓,-. y23=.` y-^i "l."'.r � =.s.V*c??'_.-:: 1biti7�'-. 1. -ti n their erso orn veitcles . he authorized to c o :; _..� . � �= y j. �_ .:� �Y p � dr.. loaded frreanms or weapons of the type approved by the $%ME Each officer shall qualify under California renal Code Section 832 in the use of firearrma ■ B a_ s is it i 1 # i' # r Satan - .... wivat -. ..# ptaul - ,,. rV - - - :.VSWAM ..:. - - - - 1101111 Nij apt, ■ 1 Tim ■._........ ■ ,. �. ,�� ■. i. # !► i ■`. ■-' ■ :i. `_ , :-.....,': i ! _. s i ,! s...:,1's f 7.04.050 Records of Division. _ the P a .t, shall keep a record of the number, description and disposition of `�-. - _. all dogs, cats and household pets impounded, show g �n detail in the case of each, the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming or receiving such dogs, cats or household pets, the reason for destruction and any such additional records as the city council may from time to time feel necessary. A. Whenever fees are to be charged by the Division of Animal Services these fees shall be rZ set annually by ..-.�.a..i.f.:..__i_..-.::_.. _tiwn.ar._..�-.,.. ....ti.�=c-�.�.�-.::1'=. _.. __a .�.--. z'.C. ..._=f..� a.w-. ...-.�.-=..-.e. _ ...-. � ..-.- • -_ � .- ci Lam+;.,-._:. i)/ wI OWL ■.070 .-� F-'. - = Yam~•- 1. 7'--y^ l -a IF Tnnecessary noise - =rt: __u .w_ - : r �.• it is unlawful for an person to keep, maintain, or permit on any lot or parcel of land, any any p p dogs, eats, poultry, fowl, or household pets, which by any sound or cry shall disturb the peace and rs .=R-: �F.� - - _ ..F..t •...''r:a"- -�-. � ��: ;�:�� . �r �1i=>; �.�3._: = j ...0.7.-�.:�:-i. •1:.. /=�•^y=... ti: Y Comfort of any irhood Md Whenever it shy be armed in writing by three or more persons living in separate dwelling units in the neighborhood that any dog, cat, animal, poultry, fowl, or household pet is an habitual nuisance by reason of frequent, persistent, or long --continued howling, barking, or other noise, or is in any other manner causing undue annoyance, by reason of chronic leash later violations or unsanitary ns that en .,_ shall constitute a 4 ry r conditions public nuisance, the -L_ .-..t�}s ;_ t 3 x.=- 'r•��-y.-.-,z-... serve written notice upon the ublic nuisance shall. be abated or ` s _ is ` ` s -:. - RAM VIR ,.HIM U M ... s '�• v� � � ii r z .. ea . " s. .04.090 Owner's dai'ZOPU;�iall ti,"t d". It is unlaw-RA for an owner or person who, having had the possession or control of any dog, y � g cat or household pet that has died to place the body of any dog, cat or ho useho ld pet after its death, or cause to pernit it to be placed, or to known91y allow or permit it to remain, m or upon any public road, highway, street, alley, square, park, school ground, or other puht.c place, or 'n or upon any lot, premises, or property of another. 7.04,100 mreptrtment _ � 1ry isposal of dead. animals. d dog It shah be the duty ofthe - - �n the request of any owner of any dead , cat or household et which waskept or n�ntair ed in the city in�ediately prior to its death, or upon. py the request of any person or persons discovering a dead dog, cat or household pet upon his premises or upon any public road.", highway, street, alley, square, park, school ground or other public place, or in or upon any public lot or premises, to immediately bury or dispose of the animal in such manner as may he prescribed by a the may charge and collect fees for the y r transportation and disposal sal of the do cat or houschoid et from the owner or person having had p p g� p possession or control of the animal_ can he ascertained. D. e I-U.Iarg" means being on any private property without permission of the person who owns or has a right to possess or use the property, or unrestrained by a leash on either public property unless expressly permitted by law, or private property open to the public; or in any place or manner which presents substantial risk of mm=went interference with animal or public health, safety or welfare. _ _ - - - - - "�, - - : r---tic-- - ^�- _'•.--• - - _ _- - - "'_�" - _ •::'.-.-'--.. - ..k . - .:�.� - ." ,r — µ-r.: - - :-ram•=c��" _ ,.• 0 1 ��[i• � -' -. .[. - - •wit '.-:. _ •'+ c•L^.: :'V'i•^...-r r+.� .+,.. - - :ti-• .-_ -:.=-=:1.- »•Cif`i_:-.._\•iin�c-`-rr:�_'R�1_-_..__:Y.i'-...,a. ea-:•-.e✓. - - `` day that the � � ��` - the public as F. business day" means any y a :y -'• ° = � � � • � open to determined b the r`r_ `" w - w := G. "Cat" means a Felis catus of either sex, altered or unaltered. H. Commercial animal qW operation means any lot, building, structure, enclosure or remises whereon or wherein animals are kept or maintained for any commercial purpose, such as for ale boarding or rental.. of animals breeding, selling, advertising � s g , .�;.:�� :.n. �.�....::,,;: �� Y~ •._. - .€s� �-�._:w. -_ yx: provided, that if more than one species of annals kept for sale, barter or trade the class cation shall be that of a t shop; and provided f u-ther, this definition. of commercial � p animal operation shall not be construed as applying to a duly licensed veterinary hospital or any public pound. The operation must be consistent with current zoning. 1. "County" means the County of San Luis Obispo. - - - -c .,.--T-v�--ter._+=,-• r �-- - - - ;ti^.-.-irrr:_ •r-F,- •.w ..,;-= �.-,•t.a-�-r-srs_i-=`�_ J. t= ri C- _ Y _ c -- ._-- ... -_c.a ..-1-+.:.�-•- - f.._... .. .+..F w..-.--.tia-. .--._ :�._.� 1 �• LC •-f p � • �+ 4 K.Division" means the , ...rof l , r�ervices =, . : the Chief Animal Control Officer and/or lis duly authorized representative(s). L. "'Dog" means a Canis ffimiliaris of either sex., altered or unaltered, or any other member of the Lanus genus if owned, kept or harbored. M. "Dog license" means a properly completed certification issued by the county, including the dog owner's name, address, telephone number, the dog's name and description., including breed, color, sex, year of birth, rabies vaccination date, rabies expiration date, license tag number and expiration date. III -Ullc; ,.-Stra-Ir M • 4 • 4 • • ■ Vol . r !J �� • • • i N. "Robby breeder operation.'' means any lot, building, structure, enclosure, or prenm*ses whereon or wherein a person is offering for sale, barter or trade, household pets in a manner that is accessory to residential use. A person is considered to be operating a hobby breeder operation. when. 1. w Offspring from any female is being offered for sale in an amount in excess of fly dollars per animal; and 2. The owner is offering more than one litter for sale, barter or trade in a calendar year, or number one; and 3. The owner is offering for sale, barter or trade, more than one household pet of a species that bears a single offspring in one calendar year. 0. "Household pets" means, but is not limited to, eats, dogs, canaries, parrots, fish barters, rabbits, turtles, bards, snakes, and other kindred animals usually and ordinarily kept as household pets. P . "Leash'means any rope, leather strap, chain., or other material, being held M the hand of a person capable of controlling the animal to which it is attached. Q. "License tags' means a piece of metal or other durable material inscribed with a nui-nber which has been issued by the county as the licensing agency. R. "Livestock" means horses, ponies, mules, donkeys, cattle, sheep, goats.- swine and all. other domestic or domesticated animals other than household. pets. S. "Noncommercial animal operation" means any lot, building, structure, enclosure, -or premises whereon or wherein four or more dogs or cats are kept for noncommercial use, including, but not limited to, hunting or herding livestock. T. "`owner" means any person who is legal owner, Deeper, harborer, possessor or the actual custodian of an animal. ownership is also established by a person registering as the owner of a license or other legal document or by a person claiming ownership and taking possession of an animal. U. "Pet shop" mans any lot, budding, structure, enclosure or premises whereon or wherein is carried on the business of buying and selling or bartering household pets. This defnition shall not be construed as. applying to the business or activities of any public pound. The operation rust be consistent with current zoning. s �• - . 1 ` - ..- .... .. •'.i{.i --::_*:T - -r " ram" _. -. -.-.. 'i'M - -.lam•-.- « ....- _..-. ••t':L•.. .4 r-k_ .-r ..i. i.__. ... .'''.'a.--'s'••-" .'.:_ - _ _. 'ri?:r w.. _ -=i_'.v:S::..g: ,. 7. 4.120 Animal use operation, pet shop - Division regulations. It is urdawful for any person, firm, corporation or association to erect, establish or maintain any animal use operation, commercial, noncommercial, hobby breeder or pet shop, as defined in this _ The granting of �` ` ::: title, without first obtaining the appropriate permit from the such permit shall be at the discretion of the wepMrtmeint ..s�_-=._ - : which shall take into consideration the type of construction to be employed as it relates to sanitation, and the manner in which the animals, birds, or livestock are to be housed, as well as such zoning regulations concerning the operations of commercial, noncommercial, hobby breeder or pet shops as may be adopted by the City Council from time to time. The pent will be for a calendar year, with a pent fee due and payable o n January 1 s' o f each year. 7.04,125 Animal use operation, pet shops - Business licenserequired. _ ASr. _ 4 - •'J - - '::C.:- .. .. t . -!:~ -i= i`t�w-::,...+.._ems=;c;-_ US -Mil •G it is unlawful for any person, firm, corporation or association to erect, establish or maintain any commercial animal use facilities or pet_ shop, without first obtaining a business license from the city. .der approval by the _o f the permit that is rewired by this chapter, the city, up o n _ -��:-� - . payment�-,:-.•:�:.- of the required annual license fee for the privilege of maintaining such Y facilities or et shop,shall issue to the applicant a license in such farm as LI-11 may prescrx-bed. Such armual 6P` m` license shall be for the year, or any part of it, dung which the connnerci.a>l animal use operation or pet shop shall be maintained, and shall be due and payable • o n July I' o f each year, and shall expire ire � C - �1. �1- � 1 �-of- June 30' of the following year, provided the above mentioned F j permit has not been. revoked. Every person, firm or corporation maintaining a commercial animal use operation or pet shop shall post a notice in a conspicuous place where it nuy be seen outside the locked premises, listing narnes, addresses and telephone numbers of persons who may be contacted in case of an emergency. 7.04.130 Permit refusal, suspension. A. The permit for the maintenance and operation of an animal use facility, commercial, nonckJrM=r%,-.11a1 hobby breeder, or pet shop shall be refused by the =-ems t: :: upon a determination that a violation exists of the provisions of any health later of the state ' , or any of the applicable provisions of this title. B . The permit may be inunediately suspended by the tMeTt f r t for violation of any provision of this title when, in the director's opinion, the danger to public health or safety, or when necessary to assure humane care and treatment of the animals under permit, is so imminent, immediate and threatening as not to admit of delay. In the event of such suspension, the holder shall be given the opportunity for an office hearing before an impartial hearing officer from outside the ``- within fortes eight hours of the time of suspension. upon conclusion of the office hearing, the hearing officer may decide to: L . Di*snu*ss the charges and reinstate the permit; or 2. Reinstate the permit conditioned upon correction of the violation; or 3. Revoke the permit. C. If, in the opinion of the the danger to public health is not so imminent mediate threatening, : _ L = r and t nng, as to admit o f delay, shall send a notice t�` .vu=. of violation to the permittee and seek to achieve compliance informally by means of a correction schedule and reasonable inspections. K as a result of subsequent inspections, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficiencies, the shy send a notice to the permittee advising the pern�ittee of the remaining deficiencies and the convening o f an office hearing , ..ram'•- - sz:"-.' - - - air%_ _ ..—. -- .-- ••-1.=-.n� ... YY .... .- _ < N ... - .. -.. : s -. e-.- .. - f. :. -_ .- ._.. .- _ ..r alai --.. _ .. ... 's.. . .. -... .:++-. .... ...� . D. All office hearings referred to in this section shall be conducted in accordance with s rocedures adopted by the = _ The applicant or permittee may call - and examine witnesses, and nlay rebut evidence against hirni. The hearing shall not be conducted according to technical rules relating to procedure, evidence or witnesses. The U 13 shall ensure that an informal record of the proceedings is maintained. Whenever the issuance of a permit i s refused," or a permit is revoked and the rewired office hearing has been held, the applicant or permittee may appeal the action to the city council within ten days. The clerk shall set the matter for hearing at the earliest possible date and shall give reasonable notice of the time and place of the hearing to the applicant or permittee and to the The City Council, or its designee, shall hear the evidence offered by the applicant or etteef and the --- and sb�all forhvith decide the issue. The decision a _ of the City Council., or its designee, shall be fnal. 7.04.140 Interference with animal control o peer. It is unlawful for any person to hinder or obstruct the Chief Animal Control Officer or any _ ='or enTloyeesn the exercise of their duties.Any person who violates this section is guilty of a misdemeanor. 7.04.14Z� Violation of order -- Any person who after notice, violates, or who upon the demand of 11oll _ refuses or neglects to conform to any � rule, order, or rQgulation prescribed by the _ - _LL- := r.. is guilty of an fact on. ONIM 'fit . _- � .f .rstih•rcr-..�a 7. 4.. violation are �act��. p � Exee t as other se rovided, violation of the Provisions ofthe : r � Sections; 7.08.010 stray dogs defined. 7.08.020 Leash law. h� -_ _•`�SS']c. Y--_Y�=9�.1�- fir: .a:.�-. ..... wrn. .'�. �•: --%: �.e.�,�". ^� v''�-"t`Fv i�•vi"+�� i'.•�4i-�.'�r�._-Cix%=' --� �7'�-" - - ^Y��Ai-J-: •... - _ - .s'."�:__ r. 7. . 3 p��g® Enforcement Belt of regulations. 7,08.040 Seizing and impounding stray dogs. 7.08,050 Dogs running at large. 7,08,060 s ■ ■ , �:-"=��y�i�_'��'-:-� �Y-j ': Z`_ qrT.^ _r-.M ��u�•'+,r •.r.� - r.JT�ti�;Y-�� ' r f-- ;i'+•71 = •r `_ * i .�y. `Ki "•'�-� e _ _-• ti �' � r-r'r.:-,.r-'• -r '�-t .- :raC�" r �'rr�'S tiL. �i;�� - ' r; : aR.^'. ".y s:-•.:. A"..' '• S=-r LwlSts"":-S•+i"�::-.�-a='a-�r:��....".ti�..r.v--�.ly..v' r•.. 7. . 7 sr•��.'$�®.�,.-...i_ Notice of impoundment. 7.08,080 Redemption o 'impounded dogs. 7.08,090 Redemptionfees. -:x "- '��='-{s �.r•:_?,?r..'�':: ::' C"' s-v,. .;c^�--v.�-. _^'?."'- --_-V r-'-r`--sue r.c'�.�y-c .. - • it _',:i'-: �_�-" _�vh.;- _. . 7,08.100 t�1�' .� (�'$�•unclmed dogs. Now "rv�=':T� ��i'y,:"--_ .."t....�.��i ;4']lv""+':% �� :��"�.' 7,08.105 Veterinarian determinationuk - w,"ONMO 7.08,110 Injured and/or diseased animals. * p Y fl`2-2>•y y � ��:i r T i�:isy=^=•��ss:e:,--'.-�-_icf*...�..:i� �=�.:.•`;�:'L�: �e:r� `�i, 7. . lii,- �• 7.08.140 Impoundment o_ _ ."'dogs • 7.08.145 Violation of quarantine. 7.08,150 ..:« e.:.�/r_y-_..-�" :f'S"r.�-'i�••yg,.."�.�_-.-.,.. 7.. . g�-y� e st ° t o�gand license. 7.08.170 Vaccination required. 7.08.180 License denied without vaccination. 70 / / • ■ i i .r�y"r . � i.iFr•�r_,_,� ��rt�•:-r, Vic.-.T�`�s i�--Yc. -' 3_ _ 1-=-':�--:%-rr�'�f_'. t:..•_�_ .T-;�=+z::v:.'^.,. ;;�yu: c�`c4`v �r`r•+r,==.:tG+��"Fµ7��-ry.•�: ^�.:��w:' ��'--•� .Y s•.y • __ ,� ' r,.�r f.r tom: '.`��': ,11111 -.w��:�•�ii.--.�=.rl� �." �.- N �"�._kiT.�-�.1}i:-.,iY-v^k�'_..i�i 4�r�-s=M1..'Wi:�-._is: ' i�u+-�7�� . 7 I • as deposit fee 7.08.200 Record of re st ° ti-o. 7,08t210 License tags® 7.08,220 Annual licensing of dogs. 7,08-230 License fees. 7-08.240 Lost or damaged tag. 7,08-250 License exceptions. 7.08,260 Fee exemptions. 7.08.270 Failure to pay fey Y , 7.08,280 Counterfeiting. v.}Yr-�',7'.�.� �5:; :.M� 'J'•.!: Y=.j irAyJ ti�`�5c"i��. '"_r-_. r.."�"r._=-•;Z:jy�'•Y= __ - ^�� =iT- 7.08.310 Dogs in public parks,, 7.08.010 Stray dogs defined* A "stray dog" is any dog licensed or unlicensed, which is in or on any public road, highway, street., alley, square, park, school ground, or other public place, or in or upon any lot, premises or property of another when not accompanied in the near vicinity by the person owning, having interest in, harboring, or having charge, care, control, custody or possession of such dog. Any stray dog shall be fi=ediately seized and impounded by the, Uil�iiiiiirpai LIII= B. Dogs used on farms and ranches for the prr'nary purpose of herding livestock are not requi-red to be leashed or at "heel" beside their owner or person controffing the use of these dogs while on a public street, alley, lane or place of whatever nature open to, and used by, the public M the atii,".'" U-L tal %, uuxy city while herding such livestock and as long as these dogs are obedient to the commands of the person controlling their use for this purpose, . C T-% A: II Y I I P x IIUj ILUIg al C-110 L I tiiiirretl 1-0 a3utwu OT all 7,08,030 Enforcement of regulations. It shall the duty f the , �4�1 to t - it- - Aj pa C rol theIII%.iIUIaU-,U am-ual VI LUC ity from be o time to tinie and without notice to the public for the purpose of enfore' the provisions of this title. Mg 7.08.040 Seizing and impounding of stray dogs. It shall be the duty of the to seize and IMP o und in a lawful manner, and subject to the provisions of this chapter, all stray or unlicensed dogs found within the Gh R 04 aT%,,a U_L Me City. 7408.050 Dogs running at large. 7M- Any dog found fte'Spas E-J on any private property in the city may be taken up by the owner or possessor of the property and delivered to the C11C T_UB..nt:VLP@W or detained _PCA.LbIlf. on the property until picked up by thedu _P?�ft 7.08.070 Notice of impoundment. As soon as possible, but not later than twenty-four hours after impounding any dog currently licensed under provisions of this chapter, the ""shall notify the registered owner or person having control of the dog by written or oral communication ' that such dog is impounded and that it must be redeemed within three business days from the date of such communication, and unless redeemed,, the dog will be disposed of in any manner as provided by this chapter. 7.08.080 Redemption of impounded dogs. ZV A. The r, OMMshaR securely keep any dog impounded for a WHOM period Wr S unless the dog be sooner reclaimed or L)UZi1U%_,, -5 Ua L B. No fees whatsoever shall be charged or collected for or on account of any dog which has been unlawfully taken up or impounded. If the owner or person entitled to the custody of the dog believes that the dog has been untawfufly taken up or impounded, that owner or person may, within the seventy-two hour redemption period, request that an impartial hearing officer from an outside department be conducted to determine the sole issue of whether the dog was la fully seized and finpounded. If a dog has been unlawfully taken up or impounded, it shall be returned to its owner or person entitled to the custody of it.. 7.08.090 Redemption fees. The owner or person entitled to the custody of an impounded dog shall, before such dog is v .:.:._- foowIn released, pay to the -p:w the g= A. Registration or license for the current. year Mess fee has been previously paid and evidence of paid fee is adequately exhibited; and B. hwound fees for first, second, third and subsequent impounds in a one year period from the date of the first impound. _ _ ._r: �.:- _ -=:. �.ca�med dos - x .- ,�jS!y-':x.. r'_L: �:r`?a��C_.ery- At _ = . �=� �_ r' =-ate '-r--.;r: tr-.=3'-•�-�;r3�.`.'•� - 3cY:_�f�":y .: r,'.= "''-G'r."--�: �:'��n �..�'•^;,.t..e-,.. _ ix owl :y notice and s=` _ _ =w W1t�1QLdt f�Y`her t := the .. - without advertisingin an manner, s ell, give away o r dispose of, in a humane way, any dogs not y g _ {- =� reclaimed__ or redeemed as ; provided however, the �� 4'r'� /• .`tom � .- ` `. May sell, ll, give away or transfer title to any dog or any other animal to any institution y_.. engaged 4in the diagnosis or treatment of human or animal disease, or in. research for the advancement g � of veterimrian, dental, medical or biological sciences, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biological products, pharmaceuticals or drugs h4-tO � =; May not sell or give away any female dog that has not been spayed, or any male dog that has not been neutered,SUC 3 - ; ,=.:7.=:" -_:-.;.;• =r�- -=-,��:=fz--:-fit. 7.0. o5 Veterinarian dete m nat on All injured dogs and cats found without their owners m a public place shah be taken to a � g _ �"' =R ' t4 be a veteran that ordinary treats dogs and cats vets known by the � _ - y g . .-. for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized and given emergency stabilizing treatment. 7.08-110 Injuredand/or diseased animals. _ stody by the �,ti hich by reason of . A. Everydog or eat taken into c N �' disease or other -good cause as deterred by a licensed veterinarian as dangerous or inhumane to keep ended, shall forth In tb destroyed by the - #` f . = � an humane manner unlessr ::p the owner or person entitled to the custody of the dog or cat can be notified by the within a reasonable penod of time to arrange and provide for medical care. . The *._.-ma - � shallrelease such dog or eat to its owner or person having control of it upon payment of the redemption fees and other charges as provided in this chapter. However, � �� p g if the licensed veterinarian detern"nes that the dog or eat is diseased and by reason of such disease is dangerous to persons or other animals, or to the general health and welfare of the county, the shah destroy , .. the dog or eat. C. Injured or diseased animals may be humanely destroyed without regard to the prescribed holding time in order to alleviate suffering or to protect other impounded animals from exposure to a contagious disease. ,n,. .. �. —04 - r vim ...... 1.�409i u 7.08-130 It is a nu"sderneanor for any person to suffer, or permit any dog or other animal owned,, harbored or controlled by him, to act upon any hun= being a bite that penetrates the skin while the person bitten ins on any public place, or legally upon any private property. The person bitten may request the animal control officer to initiate criminal proceedings against such other person by submitting a signed, written complaint. 7.08.140 Impoundment of dogs that bite. A. Upon written notice by the Pnom NY the owner or person having the control of an do Bch has within the preceding ten days, bitten any. person or gal shall, upon demand, y g � p g � and in the discretion of the tirep=trnent= _ :, do one of the following: -s • or g to uses the do r 2. Surrender the dog to the - which shall imp o and and beep the dog at the public pound in a separate enclosure for a period of not less than ten days; or 3. Surrender the dog to a licensed veteran as designated by the ti �� a or 4. Spender the dog to the artment Pr_L :_ :7 for quarantine at any other location or facility designated and approved by the Offi.■ - B . If the dog is quarantined on the premises of the owner, the - : = may post a quarantine sign on such prer se s, and it is unlawful for any person r to Rremove the sign during the _.__ _ term. of such qu.arant�ne without the consent of the - _ - - :; Any quarantine provided for in this section shall be for a term of not less than ten days unless otherwise specified by the IS the period, it shall d o f the �, -.^.,. _ g the duty = y to determine whether or not such animal is suffering � from: an disease. If a duly licensed veterinarian designated by the - �=`shall determine that the animal is diseased and, by reason of such disease, s r to other shad so notes the _ _ .... _ dangerous to persons o _- _ in tin to destroy the animal. A co of the notice may also be served upon the owner or person g y copy having control of the anitnal. y If he et an shall d ` e that the dog i s diseased, the -``` C. t v er�� eternun t not so diseas �� shall notify the person owning or having control of the animal at the address from which the animal was surrendered to theNWanal shall, upon demand, release the anima h owner or erson lath entitled to it uon payment of an charges provided pursuant to this chapter, p y a p p� y g including expenses of quarantine and veterinary care; provided, however, that if no person lawfuUy entitled to such animal shall within three days after the date of giving the last mentioned notice, appear at the public pound and request the release of the dog, and pay the charges, the animal may _0 r = r = b thejAi—to-„n tie sane `w°;. ir'r..'-s.;c-cz ....�-'•:r•==- s.,:.a---c_-F:^7u=_r1•:..4'-r-::...a.:c:" .__...:;•w'i.`,sx.n:e -...t;u.i:: manner as provided in this chapter. D . Whenever a dog is ordered to be quarantined on the prenu's es of the owner, an administrative fee to cover the expense of monitoring the quarantine will be charged. 7.08.145 Violation of quarantine. It is unlawful for any person to suffer or pern-.it any dog, cat, animal or household pet owned, harbored or controlled by Ifim iwa&to violate any written quarantine notice. Any person who violates such written notice shall be guilty of a misdemeanor. _ .....Mm., Is, MR4 r.... _ .. � �� ..1� .,.. #... � .�. � .. ,. -�: - � Jib • :1� .,..,r� �, ,�........ _.....' ;°r � -. ,. �..� �< �, _..::.. �� ...-. � ,w ,..... ;��.. • .��,.... • �� ... WWI# NJ w, ... _. �g�c. s aFlas�ilill IN fr•`'l.�'; y. _=r:: =';:� L,a.'- - - ''ram` Tr.. -r -^ �.^",��` i,c.=r rr "-�°-r 'e�;�'� s�'= ..-,. r:]...:� • Ir..--.r-`,<<._�. w:..- .-:.__ �.�-,-y�v. '*,.:J�, - � - - _ �. der j the do or other animal - i �' ` w ram. t.c�:.,a :'_+.;:-c-... �._-a7a.'_'.�.-w.. _.._.-.�. �r_-.w^-c �--...-.-✓._..v.-c;:� y_ .�. ..�"` - � by the the:-: =: ., has first de released l Y �� F _ : , terrnned provided then`_. r y y s;, that the LBJ6 ULUCT animal does not have rabies. - . The Chief AninW Control Officer, or any duly authorized representative, is authorized and empowered to enter in a manner authorized by lave, upon private property where any dog or other anima is kept, or believed by hirn to be kept, for the purpose of aseertammg whether the dog or other animal is afflicted or infected with rabies or other contagious disease. 7.08,160. Registration and licensee Except as provided in Section 7.08.250, it is unlawful to own, beep or control any dog unless and except a license has been procured for it as provided in this chapter, This section shall have no application to dogs under the age of four months. 7.08-170 vaccination required. It is unlace for any person owning, harbormng, or having the care, custody or possession of any dog to keep or maintain such dog in any place in the city, or except as provided in Section 7.0 .180, unless such dog has been vaccinated as provided in this chapter. This section shall have no application to dogs under the age of four months. - 7.,0 License denied without vaccination. The dtpwtment MM shall not license any dog until it has been vaccinated with canine rabies vaccine b in'ection or other method approved b the d -P-�`�•:_�-__v_�, during the time prescribed by state law or the rules and regulations of the State Department of Public Health, unless the owner or person in possession of the same submits a certificate from a licensed veterinarian issued within the preceding sixty days, stating that, hisopion, the rabies vaccination would b rely to seriouslyinure the dog. do so excepted from the rabies vaccination shah be restricted to 3 g � g the enclosed yard of the owner or person in possession of the sane except when held by rope, chain or leash. Any violation thereof by the owner or person m possession of such dog is unlawful. • • • •= }' = UW'7tS, i .4=:.^�a_-ice: r.:rY� r `-; �.: ..:_::5:':.::~4=vk_: .•r.•;-'__ •.-z•T'- ._•__..._.. ■ rr�ti- ;:;:y _,: - a dui used and licensed A. The vaccination shall b� :: ;: � :� : �� .- y �' q veterhi-nim The veter� man vacemating g the do shah issue to the owner or person in possession. of the dog a certificate of vaccination, which certificate shall include: 1. The type of vaccine used; 2. The date of vaccination; 3. The duration of vaccination; 4. Description of the dog, including age, breed, sex and color; 5. Name and address of the owner of the dog. B. A co of this certificate �P.-yvi-M withi.n th i rtyh ~ days of said . py cats shall sent to the . vaccination- C. Each duly licensed veterinarian shah report monthly, to the County Health Officer, the number of cats receiving rabies vaccination. 7,08-195 Rabies deposit fee Any person procuring a dog license without a valid rabies vaccination for reason of redeenu*ng an impounded animal or clearing a citation wi l pay a rabies deposit fee. Deposit is refundable upon proof of current vaccination certificate, through normal county refund procedures. Proof of rabies in vaccation shall be made to the '`" ``- i- within thirty days or the license will be void. 7.0.0 Record of registration. The 8shall maintain a record in which it shah, upon the application of any person owning or having the custody of an do in the city, and the payment to it of the license fee p � � y y g prescribed in this chapter, register the dog by entering in the record its name (if any), its sex and - general description, whether it has been spayed or neutered, the name of its owner or custodian, the number of the tag issued for it, the date of expiration of the rabies vaccination, the date of issuance and the amount received for the license fee. 7,08.210 License - Tags. Upon exhibition of the proper evidence of vaccination and payment of the 'license fee, there .9 shall be delivered to the person making such payment a metal tag with the� number , ycars stan-11W-ed ot kutand the words" - Ole stamped thereon . s _ _ _ �vhieh do to shah Ise worn at all times by the dog for which the tag was issued. If the dog is exempted from vaccination, pursuant to Section 7. o 8.1 o, the dog tag shah have a distinguishing mark as evidence of such fact. aw Each- license issued shall be effective fora period of one y , eartwo ears, or three years at the y option of the owner, but contingent upon payment of all. required fees, charges and penalties required by this chapter and compliance with all conditions required for the issuance of a license. A. A license will be valid from the date of issue and shall expire from one year, two years, or three years from the date of issue, except when the duration of the rabies vaccination expires prior to that date. In such cases, the license will expire on the same date as the rabies vaccination. B. License renewals shall be required prior to the expiration date of the license. C. If ren t req ed, dog owners sham advise the = =.w_^ meriting of ewal is no uir T_.:_ the reason. therefor. 7.0e0 License fees. The shall collect a fee for dog licensing. A. The owner or custodian of an unaltered dog may place a deposit for spaying or neutering with the L=11L MAWfor a one year license. This dep o sit shah be forfeited if the operation is not performed by the expiration date of the license. B . A late penalty >,w �_ : �:.-- � ,;��:= r charged if 1. shall. be A license is not renewed prior to the expiration date; 2. Puppies are not licensed within thirtydaysafter reaching four months of age; in not licensed within thirty days; 3. Any dog brought into this 4. A person ac uiring possession of a dog over four months of age does not license it within thirty days of taking possession. C. Persons obtaining possession of any dog currently licensed in San. Luis Obispo Count shall upon payment of transfer fee have ownership of the dog changed. 7.08.240 Lost or damaged tag. if the issued for an duly registered dog be lost or accidently destroyed during the period � y for which it is issued., the owner or custodian of such dog, upon making such proof to the --: y�"of its loss or destruction, shall, upon payment of an established fee receive for such dog a duplicate tag. 7.08.250 License Exceptions. The provisions of this chapter requiring the licensing of dogs shall not apply to: A. Dogs under four months, of age; B. Dogs owned by or in the custody or control of a person(s) who is not a resident of San bF • Luis Obispo g g travelin throw h_ the county, or temporarily staying in the county for a period not exceeding thirty days; . Dog g s bro u ht into the city exclusively for the purpose of entering the dogs in any dog show or exhibition, and which are actually entered into, and kept at, such shove or exhibition-, D. Dogs on sale in duly licensed pet shops, or commercial anal operations; E. Dogs under the ownership, custody or control of the owner of a commercial anneal operation duly licensed under the rovision.s of this title, or ` ou y author ca err p oye or op y p a ent when such dogs are removed from such operation Mn the bona fide operation of it for the g purpose '"��.'. of exercise or tr ' ' provided, that any such dog bear an identification tag attached to its a��-g, collar which tag shall set forth the name of the licensed operation. A dog bearing such identification shall be treated in all respects as any other dog in the event of its escape and subsequent impoundment. 07 fie 1411 Fpo, P-YP nfi*an q_ 7.0 . 7 Failure to fee y person It is unlawful for an owning or having the care, custody or control of any dog in the g g - to refuse, fail or neglect to pay the license fee at the time and manner provided in er or to refuse fail or neglect to furnish to the .RAM, the g >; Sheriff, or any of their duly ffied and authorised cl� = or employees, the information necessary to properly license the dog. 7.. Counterfeiting. IUQV-- -count • . It is unlaf l for any person to remove any tag from any clog not owned by or not la ally in ti possession orunder control or to lace on an do a a � =y'_r license tag not issued as provided for in this h con p g y b �;.�. �.._ articular do or to .Hake or have in _ - ` = • chapter for thatp g possession or p to place on a dog any counterfeit or imitation of any license tag. 7.08.310 Dogs in public parks. A. Pursuant to the provisions of California. vehicle Code Section 21.113, with respect to animals that may be found in a public park, whether or not in the company of their owners, it is unlawful for any person to perrait any dog or other animal, owned, harbored or controlled by him be ands are he ark Mess the dog �y�w • �s securel leashed f _ -. �,F: to on the j%"N'�}'ro of y pub _�. _ �� . Y or ^�' � ry"�T'"-�:'" - "''•J_-.:T`i.^-..�.i'_� - "rc-�r's •�}��?-c r.F� �3-~ _ ;r�•3•'- .i-.'--fZ _ib- ' � .Y� .� .�__� T+�, � _ yi�a, h'-�S.=�¢T`. 3"�� "?;�i �. -ti.:�-�_��, �� h�= i.�L�,r- �.. _ � � F_� - ��'�~�'• '•- for the specific eeifietheindividuai has been granted a c use permit r anized program or activityinvolving, but _not meted_ to, canines. purpose o f conducting an o g � g _ �' __ - - _ _ .",`..y,• a`- -p..-T�.,t'� - - �� 7"r r•:-rrr,:�:.- �•�.�j�- ,-':#��'•i: r ri7=�>y-r.::a-.�xf.rXr=r?J:�: ":.:s'„•...tiT•P-^;F,„ '�',-•s•r-�ii'+ �� ::F'- - ��-l•- �Y_ •:{�. : i.'F -sk :f �'a_:._.- -�-.."�`'i''v a�....:x-:Li-+T•?:: :till _��i:L-.� ^?:f��.`�1�_ i �,._ -.rr."`�-'''C4CIA- ..�'.,, y-j• r.`^ 3 _ _ B . pro licensed }},��,,,, - - - �. - A-Ka-1- A _ u_ - � r _ �. FV��r•-..F_t=�� • ��-h. c _. � _'.-s�`,.�'J..i..� ^a..3��.i�.-:�.w_.�r . v�:'�:.� '•F� :.w _ ar e exempted from this section. on t R • s • l_m e . abandoned 7.12.014 Cats at large. �, � � -i ... ,,� is A . v ;r :f� >•... �,: 20 Redemption of t�. ri (x .. .:.5ded cat -se 7 A. Limitation73 7.12.030 M2.040 Impoundment of cats that bite& 7.12.050 _ e .�}F�a abandoned eats 7 ■ 010 a rv- x '� ound all cats believed to be t shad the dutyof the ?-NiM to receive andnp abandoned by their o wners . 7.12,014 Cats at large.. Any cat found on any private property in the city may be taken up by the owner or possessor d or detained on the property until p p of the propertyan delivered to the µ ,- _ _•N 1. - _ - by #, z provided Section the _r... rt?.,`..F;:. as M1 Is WINJ AM AL :.... Wait WE -161,11 i' W111111-� 7,1 ,0 o Redemption of impounded cats.- ��NO,, ..W-M) � -.;::�t foraenod ,;.��1__�.-�-Ste. A. The �;'_ p �r y ti.�.',-.''.�r� Y'l-ik :� _� hy-Y r ��Z l c�w�?4=-: f � r y=•�T�_ _ _ -�` - 4�F unless the cat is sooner reclaimed or - - •rA ;�..�_;•�.r. Tom. -.� -----=� r�--."- :-,__ •� - - .=xf• ;�:r�,• •�_ - _ _ _;tea•-:-c -' ;-i*. _ �Y.. _ - � Wit•.:.-w . _ �. �r _ :`-'x-,•..^• -4 �• t;� �>•-- - -'�.-:.....-,�.+�e•;...�-.�Sx:.,:�r:�-.hi�.ri.�"ti+_:�',a.::.?R'_�, `^,.= -Z,... .s.:.�.,. �.smf.. v--..x _ _ ,�y- - _ w.._-....E-c ..�.x`-Sa:.�-'w.+-xw_.-�.=->t+ ` �-:.•I rr .. ..1-.rY^i'�.1:�.�nY �r�'•.l:�i' '7 .0 �.;SJ..-%s'��-_r�.s�'. ':�i".i"�. '!'F`;-r.:. � �•-e i::��Y _-c redeemed b the owner or person having control : _ made h the de a e t anY Such redemption. may paying p e per day for the care of the cat as imposed in this chapter. charges as a fee p y p B. No fees whatsoever shall be charged or collected for, or on account of, any cat which has been ufflawfully taken up or impounded. The owner of a cat who believes the cant has been unlawR4 seized may request a hearing before an impartial hearing Officer from outside the Division. I�%..'�•-- _^`^me•µ ri -'�.� --7?^,is„{=x:^_=�=-'- - YT- 2 6 3 •., J - x.... �.�.�-„��,,. '.�1,t Ar-i.. z.•+_c?}f', �Is-'�c`s:�i;-.. ?"r..._---_. . . '� a=_u_•tit=x:=.a:i; ....;.,__ _..,...,..".,. �'-n'--.a+"sc'�4'}r"'-, z.--µ-- rji-• y' . ram; • - ' :;'�= fr-•"� At any time after the e�pirat�o _ t _ t ; _ _" y� notice and t n V _. hey. - v ithout advertises in an ma er, sell., give array, or dispose of w:. Y � _ _ ��y eats g Y = provided, .. theNOWnot reclainned or redeemed as _ `� s. May not sell give away or transfer title to an cats to an institution engaged in the Y ] g Y Y Y diagnosis or treatment of hu=n or and disease, or in research for the advancement of veterinarian, dental, medical or biological sciences, or in the testing or diagnosis,-unprovement or standardization of laboratory specimens, eeiens, biological products, phannaceuticais or drugs; . May not sell or give away any female cat that has not been Spayed, or any male cat that has not been neutere ,�, N. 7,08-040 Impoundment of . cats hatl A. Upon Witten notice by the r. ` , _ -_ the owner or person having the control f an cat which has within the recedm' ten days, bitten an person or animal shall, upon demand, o Y 3 p �:.� �-w �� ::y � Y p • and in the discretion of the DiM � z ;M - ` do one of the fo llo n.g : :�.::�-;� prern�.ses; or 1. Conine the eat to h Y_ -Ws fw:. 2. Surrender at t the `w - which shall inn ound and t at the the c o e p beep the ca o and in a separate enclosure for a period. o f not less than ten days; o r public p p 3. Surrender the cat to a licensed veterinarian as designated by the uepartment or .�: - `f- for a quarantine at any other location or 4. Surrender the cat to the _ facility designated and approved by the r: B. If the cat is p tined on the remises of the owner, the, �cmay post a q.uarantme sign on such prernises, and it is unlawful for any person to ^remove the sign during the term of such quarantine without the consent of the T V'U. Any quarantine provided � y: for in this section shall be for a term of not less than ten days unless otherwise specked by the the period, it shall be the duty tithe = L s ` to determne whether or not such animal is suffering Y from an disease. If a duly licensed veterinarian designated b the = -`-.: that the anima diseased and, by reason of such disease, Y E- � T S determine _ is d� e - Shall so notify G' M is dangerous to persons or other animals, `- e _: writ' Mg to destroy the animal. A copy of the notice may also be served upon the owner or person having control of the gal. _-- v_ ;Y; • the MWO �- C. If the veternarian shall determine that the cat is not so diseased, shall not' theperson n owning or having control of the animal at the address from which the animal � was surrendered to the department and sha upon demand, release the gal to the owner or person lawfullyentitled to it, upon payment of any charges provided pursuant to this chapter, Mncluding p expenses of quarantine and veterinary care; provided, however, that if no person lawfully entitled to � � such animal shall within three days after the date of giving the last mentioned notice appear at the d and release of the cat and a the charges, the �l may be pubhc pound _ V pay manner-- - - the same as provided i . - b the chapter. D. whenever a eat is ordered to be quarantined on the prerrdses of the owner, an administrative fee to cover the expense of monitoring the quarantine will be charged_ 7.12. 50 Limitation of cats. It is unlawful for any person or persons to own, harbor, or maintain, at any single -fly dwell g,, more than three cats four months of age or older, without irst o bta ring the appropriate permit. AnimaLs, Poultry and ffou-ge�� Birds n• - :7E Sii f 7.16,010 Animalsand poultry at large. w_t�= - -_ = other r permit No person shall allow o r � point household pets, to rug. at large upon an public street or lace, or to trespass upon the property of another. ` - - .. Itry, or A. No person shall keep upon any prenu'ses m' the city rabbit fifty1. Within of ! or .... �:W•..., .f �� 1� .. ',r. - - .T s �: s-• is YI .. t� i��....' ^... '�: a i - .. � ■ 1 i Ity The owner or person in charge of such rabbits, crr poult ry am, shall provide suitable houses or cotes with board or cement floors in each and every house and cote and said houses,it' or pens shallat all be keptclean. . . . . . . . . . . . MOP ................ . drill r mo-M, Tom-srhaihT INTRODU%"._'IED at a regular meetmg of the City Council of the City of Morro Bay at a regular meetmg held on the 10' day of January, 2000, on the motion of Councihnember Peters and seconded by Councihnember Elflott. PASSED AND ADOPTED at a regular meetm'g of the City Council of the City of Morro Bay at a regular meetm'g held on the 24' day of January, 2000, by the followm'g vote: ATTEST: B tt r, City ic n"dgeB ( Cler < Robert Schultz, G 'torney 1 Yttornc