HomeMy WebLinkAboutOrdinances 119 - 148r ;
CITY OF MORRO BAY
ORDINANCES
ORD. NO.
TITLE ADOPTED
138 ORDINANCE AMENDING SECTIONS 11104.2, 11102.2,
11102.16 AND 11102.27 OF ORDINANCE NO. 84 AND
SECTIONS 7.12.040, 7.16.020, 7.16.210 AND 7.16.270
OF THE MORRO BAY MUNICIPAL CODE AND DELETING
SECTION 11105.1 OF ORDINANCE NO. 84 AND SECTION
7.32.010 OF THE MORRO BAY MUNICIPAL CODE AND RE-
ADOPTING NEW SECTION 7.32.010 OF THE MORRO BAY
MUNICIPAL CODE
139 AN ORDINANCE AMENDING PARAGRAPH L OF SECTION
14.20.040 OF TITLE 14 OF THE MORRO BAY MUNICIPAL
CODE AND SECTION 4213 OF ORDINANCE 15
140 AN ORDINANCE REPEALING CERTAIN SECTIONS OF ORD-
INANCE NO. 15 AND 66 AND TITLE 14 OF THE MORRO
BAY MUNICIPAL CODE AND CREATING NEW SECTIONS OF
TITLE 14 OF THE MORRO BAY MUNICIPAL CODE, BUILDING
AND CONSTRUCTION, WHICH ADOPTS THE 1973 EDITION
OF THE UNIFORM BUILDING CODE, UNIFORM PLUMBING
CODE, UNIFORM MECHANICAL CODE, AND UNIFORM HOUSING
CODE, AND THE 1975 EDITION OF THE NATIONAL
ELECTRIC CODE
141 AN ORDINANCE ADDING A NEW SECTION REGULATING GARAGE
SALES TO TITLE 17 OF THE MORRO BAY bUNICIPAL CODE
142 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY
OF MORRO BAY AS RELATES TO LOTS 58 AND 59, BLOCK
31, ATASCADERO BEACH TRACT
143 AN ORDINANCE AMENDING SECTION 14.64.400 OF TITLE 14
OF THE MORRO BAY MUNICIPAL CODE AND SECTION 5313.7
OF ORDINANCE NO. 58
144 ORDINANCE AMENDING THE TAXICAB ORDINANCE WITH RE-
GARD TO THE AGE LIMITATION OF DRIVERS
145 AN ORDINANCE ADDING SECTION 14.24.120 TO CHAPTER
14.24 OF TITLE 14, OF THE CITY OF MORRO BAY
MUNICIPAL CODE AND AMENDING SECTION 4231 OF
ORDINANCE NO. 15
146 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF ORD-
INANCE NO. 28, ENTITLED "AN ORDINANCE OF THE CITY
OF MORRO BAY PROVIDING FOR THE GRANTING OF A NON-
EXCLUSIVE FRANCHISE FOR A COMMUNITY ANTENNA SYSTEM
IN THE CITY OF MORRO BAY TO CENTRAL CALIFORNIA COM-
MUNICATIONS CORPORATION AND PROVIDING TERMS AND CON-
DITIONS FOR THE OPERATING OF SAID COMMUNITY ANTENNA
TELEVISION SYSTEM AND FEES THEREFORE"
147 VOID
148 AN ORDINANCE AMENDING SECTION 14.48.010 OF CHAPTER
14.48 OF TITLE 14 OF THE MORRO BAY MUNICIPAL CODE
AND SECTION 4410 OF ORDINANCE NA. 15
7 -28 -75
7 -28 -75
9 -08 -75
10 -13 -75
11 -10 -75
2 -09 -76
2 -23 -76
2 -23 -76
3 -08 -76
4 -12 -76
ORD. NO.
OilCITY OF MORRO BAY
ORDINANCES
127
128
TITLE
AN ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF MORRO BAY AS RELATES TO A 33 ACRE
PARCEL OF UNDEVELOPED LAND LYING SOUTHEASTERLY
OF THE HARBOR FRONT TRACT
AN ORDINANCE AMENDING CERTAIN PROVISIONS OF
ORDINANCE NO. 28 ENTITLED "AN ORDINANCE OF THE
CITY OF MORRO BAY PROVIDING FOR THE GRANTING OF
AN EXCLUSIVE FRANCHISE FOR A COMMUNITY ANTENNA
TELEVISION SYSTEM IN THE CITY OF MORRO BAY TO
CENTRAL CALIFORNIA COMMUNICATIONS CORPORATION
AND PROVIDING TERMS AND CONDITIONS FOR THE
OPERATING OF SAID COMMUNITY ANTENNA TELEVISION
SYSTEM AND FEES THEREFORE"
129 VOIDED
130 AN ORDINANCE AMENDING SECTIONS 11102.18,
11102.19, 11102.20, 11102.21, 11102.23, 11102.24,
11102.27, AND 11102.28 OF THE CITY OF MORRO BAY
ORDINANCE NO. 84 ENTITLED "ANIMAL REGULATIONS"
AND: AMENDING SECTIONS 7.16.170, 7.16.180,
7.16.190, 7.16.200, 7.16.230, 7.16.250, 7.16.270,
AND 7.16.280 OF CHAPTER 7.16 OF TITLE 7 OF THE
CITY OF MORRO BAY MUNICIPAL CODE ENTITLED
"ANIMALS"
131 AN ORDINANCE AMENDING SECTION 3204.1 OF ORDINANCE
NO. 64 AND SECTION 8.16.170 OF THE MORRO BAY
MUNICIPAL CODE
132
ADOPTED
8 -12 -74
10 -14 -74
1 -14 -75
1 -27 -75
AN ORDINANCE AMENDING SECTIONS 9604.5, 9606.1 AND
9606.2 OF ORDINANCE NO. 72 AND SECTIONS 13.16.100,
13.16.160 AND 13.16.170 OF THE MORRO BAY MUNICIPAL
CODE 1 -27 -75
133 ORDINANCE REPEALING SECTION 8.04.040 OF THE MORRO
BAY MUNICIPAL CODE 3 -24 -75
134 AN ORDINANCE ADDING SECTION 14.16.090 TO CHAPTER
14.16 OF TITLE 14 OF THE CITY OF MORRO BAY MUNI-
CIPAL CODE ENTITLED "BUILDING REGULATIONS --
BUILDING CODE" AMENDING SECTION 4206.5 OF ORDINANCE
NO. 15 3 -10 -75
135 AN ORDINANCE REPEALING SECTION 14.16.050 OF CHAPTER
14.16 OF TITLE 14 OF THE MORRO BAY MUNICIPAL CODE
SECTION 4205 OF ORDINANCE 15 AND ADDING A NEW
SECTION 14.16.050 AND SECTION 4205 OF ORDINANCE 15
ENTITLED "SEISMIC SAFETY BUILDING REQUIREMENTS" 4 -14 -75
136 AN ORDINANCE AMENDING PARTS OF SECTION 2, OF
ORDINANCE 65 AND SECTION 17.44, TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE ENTITLED "ZONING" 4 -28 -75
137
AN ORDINANCE AMENDING SECTIONS 5201.1, 5202.22,
5205.1 -A -2, 5205.1 -8-3, 5205.1 -B -4, 5205.8 -A,
5206.2 -A, 5206.3 -A, 5206.4 -A, 5207.1, 5207.2 -8,
AND 5207.2 -E, OF ORDINANCE NO. 49 OF THE CITY OF
MORRO BAY, AND AMENDING SECTION 16.04.010, 16.08.210,
16.20.010 -A -2, 16.20.010 -8-3, 16.20.010 -8-4,
16.20.080 -A, 16.24.020 -A, 16.24.030 -A, 16.24.030,
16.24.040 -A, 16.24.040 -E, 16.28.010, 16.28 -020 -8
AND 16.28.020 -E OF TITLE 16 OF THE CITY OF MORRO
BAY MUNICIPAL CODE ENTITLED "SUBDIVISIONS" 5 -28 -75
ORD. NO.
CITY OF MORRO BAY
ORDINANCES
119
120
TITLE ADOPTED
AN ORDINANCE CREATING CHAPTER IV TO TITLE
IX OF THE MORRO BAY MUNICIPAL CODE ADOPTING
A HARBOR ORDINANCE
AN ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF MORRO BAY AS RELATES TO A PORTION
OF LOT 31, RANCHO SAN BERNARDO, BOUNDED BY
QUINTANA ROAD, MORRO BAY BOULEVARD, AND
CALIFORNIA STATE HIGHWAY 1
121 AN ORDINANCE DELETING PORTIONS OF SECTION
4103.1 OF DIVISION 1, PART I, CHAPTER I,
TITLE IV OF THE MORRO BAY MUNICIPAL CODE
ENTITLED •BUILDING REGULATIONS"
1 -28 -74
2 -11 -74
2 -11 -74
122 AN ORDINANCE CALLING A SPECIAL MUNICIPAL BOND
ELECTION IN THE CITY OF MORRO BAY FOR THE PUR-
POSE OF SUBMITTING TO THE ELECTORS OF SAID CITY
THE MEASURE OF INCURRING A BONDED INDEBTEDNESS
OF SAID CITY FOR THE ACQUISITION, CONSTRUCTION
AND COMPLETION OF THE FOLLOWING MUNICIPAL IMPROVE-
MENT, TO WIT: WASTEWATER RECLAMATION FACILITIES:
DECLARING THE ESTIMATED COST OF SAID MUNICIPAL
IMPROVEMENT, THE AMOUNT OF THE PRINCIPAL OF SAID
INDEBTEDNESS TO BE INCURRED THEREFOR, AND THE
MAXIMUM RATE OF INTEREST TO BE PAID THEREON: MAKING
PROVISION FOR THE LEVY AND COLLECTION OF TAXES:
FIXING THE DATE OF SAID ELECTION, THE MANNER OF
HOLDING THE SAME, PROVIDING FOR NOTICE THEREOF,
AND CONSOLIDATING SAID SPECIAL MUNICIPAL BOND
ELECTION WITH THE STATE OF CALIFORNIA DIRECT PRI-
MARY ELECTION TO BE HELD ON JUNE 4, 1974. 3 -11 -74
123 AN ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF MORRO BAY AS RELATES TO CERTAIN PROPERTY
LOCATED ON THE EASTERLY SIDE OF NORTH MAIN STREET
BETWEEN A POINT LYING APPROXIMATELY 150 FEET
SOUTHERLY OF ISLAND STREET AND A POINT LYING
APPROXIMATELY 50 FEET NORTHERLY OF ZANZIBAR
STREET 4 -22 -74
124 AN ORDINANCE AMENDING CHAPTER VIII OF TITLE VIII
OF THE MORRO BAY MUNICIPAL CODE MODIFYING THE
STATE SPEED LIMIT ON CERTAIN STREETS OR PORTIONS
THEREOF
125
126
AN ORDINANCE OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING THE " MORRO BAY MUNICIPAL CODE," A
CODIFICATION OF THE PERMANENT AND GENERAL ORD-
INANCES OF THE CITY OF MORRO BAY, CALIFORNIA,
TOGETHER WITH THOSE SECONDARY CODES ADOPTED BY
REFERENCE AS AUTHORIZED BY THE GENERAL LAWS OF
THE STATE OF CALIFORNIA, SAVE AND EXCEPT THOSE
PORTIONS OF THE SECONDARY CODES AS ARE DELETED
OR MODIFIED BY THE PROVISIONS OF THIS CODE
ORDINANCE DELETING SECTIONS 8.04.010 AND 8.04.020
OF CHAPTER 8.04, TITLE 8 AND ADDING NEW SECTIONS
8.04.010, 8.04.020, 8.04.030, 8.04.040, AND
8.04.050 OF CHAPTER 8.04 OF TITLE 8 OF THE MORRO
BAYNMUNICIPAL CODE
5 -13 -74
5 -28 -74
7 -08 -74
ORDINANCE NO. 148
AN ORDINANCE AMENDING SECTION 14.48.010
OF CHAPTER 14.48 OF TITLE 14 OF THE
MORRO BAY MUNICIPAL CODE AND SECTION
4410 OF ORDINANCE NO.15
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 14.48.010 of Chapter 14.48 of
Title 14 of the Morro Bay Municipal Code, and Section 4410 of
Ordinance No. 15 is hereby amended to read as follows:
A fence or other structure approved by the building
official shall be constructed surrounding any swimming pool -
maximum allowable height, six (6) feet, six (6) inches; minimum
allowable height, six (6) feet; all gates within said fence or
other structure shall be self - closing and self - latching.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at the regular meeting thereof held this 12th
of April , 1976, by the following roll call vote:
AYES: Councilmen Brown, Pipitone, Shelton, and Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
kcal c 277;7ilfill
DALE C: ICHEL Mayor
day
• •
ORDINANCE NO. 146
AN .ORDINANCE AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 28,
ENTITLED "AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR
THE GRANTING OF A NON•-EXCLUSIVE FRANCHISE FOR A COMMUNITY
ANTENNA SYSTEM IN THE CITY OF MORRO BAY TO CENTRAL CALIFORNIA
COMMUNICATIONS CORPORATION AND PROVIDING TERMS AND CONDITIONS
FOR THE OPERATING OF SAID COMMUNITY ANTENNA TELEVISION SYSTEM
AND FEES THEREFORE"
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
In order to bring Ordinance No. 28 into full compliance with
the Rules and Regulations of the Federal Communications Commission,
particularly Section 76.31 et seq. (47 C.F.R. §76.31 et seq.), the
following amendments and additions to said Ordinance are hereby
adopted:
SECTION 1, Section 1 of Ordinance No. 28 entitled "DEFINITIONS"
is hereby amended to modify sub - paragraphs (e) "Community Antenna
Television System" and (g) "Gross Annual Receipts" as follows:
(e) "COMMUNITY ANTENNA TELEVISION SYSTEM"
(hereinafter referred to as "CATV "): Coaxial cables,
wave guides, or other conductors and equipment for
providing television service by cable or through
its facilities as herein contemplated.
(g) "GROSS ANNUAL RECEIPTS ": The term
"Gross Annual Receipts" as it applies to the sale
of CATV service as used in this section, shall
include revenues derived from the supplying of
regular subscribers, all connection and installation
charges, disconnection and reconnection fees and
fees for regular cable benefits including the
transmission of broadcast signals and originating
channels, if any, but shall not include revenues
derived from per - program or per - channel charges,
leased channel revenues, advertising revenues, or
any other income derived from the CATV system.
Provided, however, that the term "Gross Annual
Receipts" shall not include taxes on services
furnished by grantee which are or may be imposed
directly upon any subscriber by any City, State,
or governmental entity and collected by grantee
for such entity.
SECTION 2. Section 2 of Ordinance No. 28 entitled "GRANT OF
FRANCHISE" is hereby amended as follows:
SECTION 2. GRANT OF FRANCHISE.
(a) A non - exclusive franchise renewal is hereby
granted to Grantee, subject to the terms and conditions
set forth herein, to engage in the business of operating
and providing a CATV system in the City of Morro Bay and
for that purpose to erect, install, construct, repair
•
Ordinance No. 146
Page Two
replace, reconstruct, maintain and retain in, on, over,
under, upon, across and along any public street such poles,
wires, cable, conductors, ducts, conduit, vaults, manholes,
amplifiers, appliances, attachments, and other property as
may be necessary and appurtenant to the CATV system and so
to use, operate and provide similar facilities or properties
rented or leased from •,a public utility franchised or per-
mitted to do business in the City of Morro Bay, and to
charge subscribers for CATV service the fees and rates
approved by the Council as hereinafter provided.
(b) In renewing said non - exclusive franchise the
City Council of the City of Morro Bay, California, did re-
view, in a full public proceeding affording due process,
the performance of the Grantee, and the adequacy of Ordinance
No. 28 and its consistency with the Federal Communications
Commission's Rules and Regulations.
SECTION 3. Reference to Section 3 of Ordinance No. 28 entitled
"DURATION OF FRANCHISE ", delete the sentence "The franchise granted
by the City Council under this ordinance shall be for a term of
twenty (20) years following the date of acceptance of such franchise
by Grantee." and change to read "The franchise granted by the City
Council under this ordinance shall be to and including September
14, 1985."
SECTION 4. Section 14 of Ordinance No. 28 entitled "CHARGES TO
SUBSCRIBERS" is hereby amended as follows:
SECTION 14. CHARGES TO SUBSCRIBERS:
(a) The maximum allowable charges and rates
which may be charged or collected by Grantee from any
subscriber are set forth in Exhibit "A" which is a part
of Ordinance No. 28 as amended by Ordinance No. 128 and
hereby made a part of this franchise. The charges and
rates set forth in Exhibit "A" shall not be increased
except upon a showing before the City Council in a public ,
proceeding affording due process and a finding by such
City Council that such increase is justified. Provided,
however, that nothing contained herein shall prevent Grantee
from charging certain subscribers higher than normal instal-
lation fees as contemplated by Section 17 hereof.
SECTION 5. Section 17 of Ordinance No. 28 entitled "MISCELLAN-
EOUS PROVISIONS" is hereby amended to modify sub - paragraphs (c)
and (f) as follows:
(c) The Grantee shall maintain an office within the
City limits of Morro Bay so that CATV maintenance service
shall be promptly available to subscribers upon telephone
request during all hours that the Grantee is transmitting
signals to subscribers. The Grantee shall attempt to resolve
any complaints concerning its CATV operation as expeditiously
as possible. Should a subscriber have an unresolved complaint
regarding the quality of service, equipment malfunctions, or
similar matters, the subscriber shall be entitled to file his
complaint with the City Clerk, who has primary responsibility
for the continuing administration of the franchise and the
•
Ordinance No. 146
Page Three
procedures for resolving complaints, and thereafter to meet
jointly with a representative of the City Council and a repre-
sentative of the Grantee within thirty (30) days to fully
discuss and resolve such matters. The Grantee shall notify
each subscriber, at the time of initial subscription to the
service of the Grantee, of the procedures for reporting and
resolving such complaints.
(f) Whereas the Grantee has installed and energized
distribution cable throughout the franchise area, the CATV
system as presently constructed is hereby approved. The
Grantee shall be required to extend CATV plant to those
sections of the City which meet the general density standard
in excess of ten (10) single family residence connections
per one thousand fifty -six (1056) feet of plant or fifty (50)
single family residence connections per plant mile. Measure-
ment of the general density standard for service to any area
added to the present territorial limits of the City during
the term of the franchise shall be made from the closest
existing point of the Grantee's CATV system.
(1) Whenever the Grantee shall receive a
request for service from at least ten such sub-
scribers within 1056 feet of its distribution
cable, it shall extend its CATV system to such
subscribers at no cost to the subscriber for
system extension other than the usual connection
fees for all subscribers, provided that such
extension is technically and physically feasible.
The 1056 feet shall be measured in extension
length of Grantee's cable required for service
located within the public way or easement and
shall not include length of necessary service
drop to the subscriber's residence or premises.
(2) No person, firm or corporation in
the Grantee's service area shall be arbitrarily
refused service. However, for unusual circum-
stances, such as requirements for underground
cable, or more than 150 feet of distance from
distribution cable to connection of service to
subscribers, or a density of less than ten single
family residence connections per 1056 feet of
plant, in order that existing subscribers shall -
not be unfairly burdened, service may be made
available on the basis of a payment by the
prospective subscriber to Grantee, the charge
shall not exceed an amount necessary to reimburse
the Grantee for its costs of materials, labor
and easements.
(3) If Grantee does not, of its own accord,
proceed to secure the permits and build line ex-
tension at such time as the area reaches the re-
quired density, City may request Grantee to
build plant and deliver CATV service, however,
Grantee may be permitted to show cause why such
extension or expansion should not or cannot be
constructed.
Ordinance No. 146
Page Four
(4) The aforementioned general density
standard was adopted in a full public proceeding
affording due process, which included specific
notice of the adoption of such a density standard
by the City.
SECTION 6. Section 19 of Ordinance No. 28 entitled "FRANCHISE
RENEWAL" is hereby amended as follows:
SECTION 19. FRANCHISE RENEWAL:
This franchise is renewable at the application of the Grantee
for such period of time and at such return to the City and on
such terms and conditions as the City Council and Grantee
may agree upon by negotiation. In renewing said franchise,
the City Council shall review, in a full public proceeding
affording due process, the performance of the Grantee, and
the adequacy of Ordinance No. 28 and its consistency with
the Federal Communications Commission's Rules and Regulations.
SECTION 7. FEDERAL REGULATIONS
Any modification in the provisions of §76.31 (Fran-
chise Standards) of the Federal Communications Commission's
Rules and Regulations resulting from amendment by the Com-
mission shall be incorporated into Ordinance No. 28 within
one (1) year of adoption of the modification, or at the time
of franchise renewal, whichever occurs first.
SECTION 8.
This ordinance shall take effect thirty (30) days
after the date of its adoption, and prior to the expiration
of fifteen (15) days from the passage thereof shall be
published at least two times in a newslaper 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.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a meeting of said City Council held this 8th day of March
1976, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ATTEST:
. WARDEN, City Clerk
die,"o - -�
FRED R. DONOHOO, Mayor
•
•
ORDINANCE NO. 145
AN ORDINANCE ADDING SECTION 14.24.120
TO CHAPTER 14.24 OF TITLE 14, OF THE
CITY OF MORRO BAY MUNICIPAL CODE AND
AMENDING SECTION 4231 OF ORDINANCE NO.15
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. There is hereby added to Section 4231 of Ordinance
No. 15 and to the Municipal Code of the City of Morro Bay Section
14.24.120, as follows:
14.24.120 REQUIREMENTS OF WATER SAVING DEVICES
This Section shall apply to all new construction for which a
building permit is required, and to the replacement of plumbing
fixtures within existing structures. Remodeling which does not
involve replacement of existing plumbing fixtures shall be exempt
from the provisions of this Section.
A. Toilets designed to use a maximum of 3.5 gallons of water
per flush shall be utilized. The manufacturer's name and model
number shall be supplied to the Building Department before
installation.
B. Shower heads designed to use a maximum of 3.5 gallons per
minute shall be utilized. The manufacturer's name and model number
shall be supplied to the Building Department before installation.
C. Lavatory and kitchen sink faucets designed to use a maximum
of 3.5 gallons per minute shall be utilized. The manufacturer's name
and model number shall be supplied to the Building Department before
installation.
D. Urinals and valves designed to use a maximum of 3 gallons
of water per flush shall be utilized. The manufacturer's name and
model number shall be supplied to the Building Department before
installation.
•
SECTION 2, This ordinance is necessary, under Section 36937
of the Government Code of the State of California, for the immediate
preservation of the public peace, health, or safety, and shall
therefore take effect upon its adoption.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at the regular meeting thereof held this 23rd day of
February , 1976, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT:
ATTEST:
None--
1/1
M4 L. WARDEN, City Clerk
FRED R. DONOHOO, Mayor
• •
ORDINANCE
ORDINANCE AMENDING THE TAXICAB ORDINANCE
WITH REGARD TO THE AGE LIMITATION OF DRIVERS
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 20 (c) 1 of Ordinance No. 5 and
Section 5.24.250A. of the Morro Bay Municipal Code be amended as
follows:
A. Any person under the age of eighteen years;
SECTION 2. This ordinance shall take effect thirty (30) days
after its adoption, and prior to the expiration of fifteen (15)
days from the passage thereof shall be published and circulated
in the City of Morro Bay, and thenceforth and thereafter the same
shall be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the regular meeting thereof held on this 23rd day of
February, 1976, by the following roll call vote:
AYES:
NOES:
ABSENT:
Councilmen Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
None
February 23, 1976
FRED R. DONOHOO, Mayor
ATTEST:
r �srC�y L. WARDEN,
City Clerk
•
ORDINANCE NO. 143
•
AN ORDINANCE AMENDING SECTION 14.64.400
OF TITLE 14 OF THE MORRO BAY MUNICIPAL CODE
AND SECTION 5313.7 OF ORDINANCE NO. 58
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 14.64.400 of Title 14 of the Morro
Bay Municipal Code and Section 5313.7 of Ordinance No. 58 is
hereby amended to read as follows:
"The legal owner of any property shall be permitted to
advertise that property !for sale', 'for rent', or 'for lease',
giving either his name, address and telephone number, or giving
the name, address and telephone number of his agent. There
shall not be more than one sign per property and the sign shall
not be more than one square foot in area."
"Except as provided in Section 14.64.390, all other real
estate signs advertising improved or unimproved property 'for
sale', 'for rent', or 'for lease', or announcing the property as
'sold', are prohibited."
SECTION 2. This Ordinance shall take effect thirty (30) days
after its adoption and prior to the expiration of fifteen (15) days
from the passage thereof shall be published once in a newspaper of
general circulation published and circulated in the City of Morro
Bay, and thenceforth the same shall be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the regular meeting thereof held this 9th day of February,
1976, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ATTEST:
/ 1
. WARDEN, ity Clerk
FRED R. DONOHOO, Mayor
• •
ORDINANCE NO. 142
AN ORDINANCE AMENDING THE ZONING MAP
OF THE CITY OF MORRO BAY AS RELATES
TO LOTS 58 and 59, BLOCK 31,
ATASCADERO BEACH TRACT
T H E C I T Y C O U N C I L
CITY OF MORRO BAY
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. The Zoning Map of the City of Morro Bay, adopted
pursuant to Section 5103.2 of the Morro Bay Municipal Code, shall
be and is hereby amended to change the zoning on the following
described property from R -3 to C -1, S -8:
Lots 58 and 59, Block 31, Atascadero Beach Tract.
SECTION 2. This ordinance shall take effect thirty (30)
days after its adoption, and prior to the expiration of fifteen
(15) days from the passage thereof shall be published once in 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.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at the regular meeting thereof held on this 10th
day of November , 1975, by the following roll call
vote:
AYES: Councilmen Jennings, Mitchell. andMayor._Donohoo
NOES: \Councilmen Brown and Pipitone
ABSENT: None
ATTEST:
M.
L WARDEN, City Clerk
FRED R. DONOHOO, SR., MAYOR
. ORDINANCE NO. 141
•
AN ORDINANCE ADDING A NEW SECTION
REGULATING GARAGE SALES TO TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That there is hereby added to the Municipal Code of
the City of Morro Bay, Section 17.48.260 of Chapter 17.48 of Title 17,
which is to read as follows:
17.48.260 GARAGE SALES. Garage sales, wherein goods or merchandise,
owned by one family, not originally purchased for resale and which are
being offered for sale to the general public, may be held in any
residential (R) district subject to the following:
A. Garage sales will be allowed subject to the securing
of a "no fee" business license.
B. No more than two (2) garage sales will be permitted
in any twelve (12) month period.
C. Garage sales will be allowed for a period not
to exceed three (3) consecutive days.
D. All merchandise to be sold will be displayed
either inside the garage (or carport) or on
the rear one -half of the lot.
SECTION 2. This Ordinance shall take effect thirty (30) days
after its adoption, and prior to the expiration of fifteen (15) days
from the passage thereof shall be published once in 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.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held this 13th day of October,
1975, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell and Mayor Donohoo
NOES: None
ABSENT: Councilman Pipitone
ATTEST:
WARDEN, City Clerk
FRED R. DONOHOO, Mayor
• •
ORDINANCE NO. 140
AN ORDINANCE REPEALING CERTAIN SECTIONS
OF ORDINANCE NO. 15 AND 66 AND TITLE 14
OF THE MORRO BAY MUNICIPAL CODE AND
CREATING NEW SECTIONS OF TITLE 14 OF THE
MORRO BAY MUNICIPAL CODE, BUILDING AND
CONSTRUCTION, WHICH ADOPTS THE 1973 EDITION
OF THE UNIFORM BUILDING CODE, UNIFORM
PLUMBING CODE, UNIFORM MECHANICAL CODE, AND
UNIFORM HOUSING CODE, AND THE 1975 EDITION
OF THE NATIONAL ELECTRIC CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That sections 4200, 4206, 4210, 4215, 4230, 4232,
4240, and 4260 of Ordinance No. 15; sections 5, 7, 8, 9, 11, 13,
14 and 15 of Ordinance No. 66; and sections 14.16.010, 14.16.030,
14.16.070, 14.16.080, 14.20.010, 14.20.060, 14.24.010, 14.24.110,
14.28.010 and 14.32.010 of the Morro Bay Municipal Code are hereby
repealed, except that provisions thereof shall continue to apply
to a building or structure where construction has commenced prior
to the effective date of this ordinance.
SECTION 2. That sections 14.12.080, 14.16.010, 14.16.30,
14.20.010, 14.24.010, 14.28,010 and 14.32.010 of the Morro Bay
Municipal Code be created as follows:
14.12.080 The permit fees required by Chapter 14.16, 14.20,
14.24 and 14.28 of the Morro Bay Municipal Code shall be set by
resolution of the City Council of the City of Morro Bay. Said
fees provided for in this section shall supersede all similar or
conflicting provisions of any codes adopted by reference in said
chapters.
14.16.010 Adopted. The Uniform Building Code, 1973 Edition,
published by the International Conference of Building Officials,
is adopted by reference with the same force and effect as if
fully set forth herein.
14.16.30 - Valuation Formula. The current construction
valuation formula appearing each year in the International Con-
ference of Building Officials publication entitled "Building
Standards Monthly" shall be used, provided that in cases not
covered by the Monthly, a formula determined by the City of Morro
Bay Planning Department, shall be used.
14.20.010 Adopted. The National Electric Code, 1975 Edition,
as published by the National Fire Protection Association, is
adopted by reference with the same force and effect as if fully
set forth herein.
14.24.010 Adopted. The Uniform Plumbing Code, 1973 Edition,
as published by the International Association of Plumbing and
Mechanical Officials, is adopted by reference with the same force
and effect as if fully set forth herein.
• •
ORDINANCE NO. 140
Page Two
14.28.010. Adopted. The Uniform Mechanical Code, 1973 Edition,
as published by the International Conference of Building Officials,
is adopted by reference with the same force and effect as if fully
set forth herein.
14.32.010 Adopted. The Uniform Housing Code, 1973 Edition,
as published by the International Conference of Building Officials,
is adopted by reference with the same force and effect as if fully
set forth herein.
SECTION 3. This ordinance shall take effect thirty (30) days
after its adoption, and prior to the expiration of fifteen (15) days
from the passage thereof shall be published and circulated in the
City of Morro Bay, and thenceforth and thereafter the same shall be
in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the regular meeting thereof held on this 8th day of September,
1975, by the following roll call vote:
AYES: Councilmen Brown, Mitchell, Pipitone and Mayor Pro Tem Jennings
NOES: None
ABSENT: Mayor Donohoo
ATTEST:
/eJ
WARDEN, City Clerk
ORDINANCE NO. 139
•
AN ORDINANCE AMENDING PARAGRAPH L OF SECTION
14.20':040 OF TITLE 14 OF THE MORRO BAY MUNICIPAL CODE
AND SECTION 4213 OF ORDINANCE 15
T H E CITY C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Paragraph L of Section 14.20.040 of Title 14
of the Morro Bay Municipal Code and Section 4213 of Ordinance 15
is hereby amended to read as follows:
"Except as otherwise provided in this section, the following
shall be installed in a raceway permitted under this code: Service
entrance conductors, conductors for motors, conductors in all
industrial and commercial buildings, hotels, motels, lodge halls,
schools, buildings for public assembly, etc., apartment houses and
condominiums having more than fifteen units or being more than two
stories in height."
SECTION 2. This Ordinance shall take effect thirty (30) days
after its adoption and prior to the expiration of fifteen (15) days
from the passage thereof shall be published once in 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.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held this 28th day of July,
1975, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pioitone and
Mayor Donohoo
NOES: None
ABSENT: None
ATTEST:
/ WARDEN, City Clerk
FRED R. DONOHOO, Mayor
• •
ORDINANCE NO. 138
ORDINANCE AMENDING SECTIONS 11104.2, 11102.2,
11102.16 AND 11102.27 OF ORDINANCE NO. 84 AND
SECTIONS 7.12.040, 7.16.020, 7.16.210 AND 7.16.270
OF THE MORRO BAY MUNICIPAL CODE AND DELETING
SECTION 11105.1 OF ORDINANCE NO. 84 AND SECTION
7.32.010 OF THE MORRO BAY MUNICIPAL CODE AND RE-
ADOPTING NEW SECTION 7.32.010 OF THE MORRO BAY
MUNICIPAL CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 11104.2 of Ordinance:No. 84 and
Section 7.12.040 of the Morro Bay Municipal Code are amended by
deleting the word "misdemeanor" and inserting the word "infraction ".
SECTION 2. That Section 11102.2 of Ordinance No. 84 and
Section 7.16.020 of the Morro Bay Municipal Code are amended by
deleting the word "misdemeanor" and inserting the word "infraction ".
SECTION 3. That Section 11102.16 of Ordinance No. 84 and
Section 7.16.210 of the Morro Bay Municipal Code are amended by
deleting the word "misdemeanor" and inserting the word "infraction ".
SECTION
Section 7.16
deleting the
SECTION
Section 7.32
4. That Section 11102.27 of Ordinance No. 84 and
.270 of the Morro Bay Municipal Code are amended by
word "misdemeanor" and inserting the word "infraction ".
5. That Section 11105.1 of Ordinance No. 84 and
.010 of the Morro Bay Municipal Code are hereby deleted.
SECTION 6. A new Section 7.32.010 is hereby created as follows:
7.32.010 Designated. Any person who is convicted of violation
of any provision of Sections 7.12.040, 7.16.020, 7.16.210 or 7.16.270
of this title shall be guilty of an infraction punishable by (1) a
fine not exceeding Fifty Dollars ($50.00) for a first violation;
(2) a fine not exceeding One Hundred Dollars ($100.00) for a second
violation of the same ordinance within one year; (3) a fine not ex-
ceeding Two Hundred, Fifty Dollars ($250.00) for each additional
violation of the same ordinance within one year.
SECTION 7. This ordinance shall take effect thirty (30) days
after its adoption, and prior to the expiration of fifteen (15)
days from the passage thereof shall be published once in a news-
paper 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.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held this 28thday of July, 1975,
by the following roll call vote:
• •
ORDINANCE NO. 138
Page Two
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and
Mayor Donohoo
NOES: None
ABSENT: None
ATTEST:
robe i ,(
n
ARDEN, City Clerk
FRED R. DONOHOO, Mayor
• •
ORDINANCE NO. 137
AN ORDINANCE AMENDING SECTIONS 5201.1,
5202.22,.5205.1-A-2, 5205.1 -B -1, 5205.1 -B -4,
5205.8- A,-5206.2 =A, 5206.3 -A, 5206.4 -A, .
5207.1, 5207.2 -B, AND 5207.2 -E, OF. ORDINANCE
NO. 49. OF THE CITY. OF MORRO BAY, AND AMENDING
SECTIONS 16.04.010', 16.08.210, 16.20.010 -A -2;
16.20.010- 13-.3, 16.20.010 -3-4, 16.20.080 -A,
16.24.020 -A, 16.24.030 -A, 16.24'.030, 16.24.040 -A,
16.24.040 -E, 16.28.010, 16.28.020 -B AND
16.28.020 -E OF TITLE 16 OF THE CITY OF MORRO
BAY MUNICIPAL CODE ENTITLED "SUBDIVISIONS"
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 5201.1 of Ordinance No. 49 and Section
16.04.010 of the City of Morro Bay Municipal Code be amended as
follows:
16.04.010 ADOPTION. This title is adopted by the City Council,
in conformity with the provisions of the "Subdivision Map Act" as now
embodied in Title 7, Planning and Land Use, Sections 66410 - 66499.37
inclusive, as amended.
SECTION 2. That Section 5202.22 of Ordinance No. 49 and Section
16.08.210 of the City of Morro Bay Municipal Code be amended to read
as follows:
16.08.210 .SUBDIVISION. "Subdivision" means any real property
improved or unimproved, or portion thereof, shown on the latest
equalized county assessment roll of the City as a unit or as conti-
guous units, which is divided for the purpose, sale, financing, or
lease, including condominium development, whether immediate or future,
by any person, firm or corporation or their assigns, within any period.
The following, however, are not subdivisions within the meaning of this
title:
A. Leasing of stores, offices, apartments or similar space
within buildings or spaces within a trailer park;
B. Mineral, oil or gas leases, cemeteries;
C. Leases of less than five years which result in division of
property into no more than two lots.
SECTION 3. That Section 5205.1 -A -2 of Ordinance No. 49 and
Section 16.20.010 -A -2 of the City of Morro Bay Municipal Code be
amended to read as follows:
2. Five or more lots in any time 'period: Standard subdivision
procedure shall be 'used.
SECTION 4. That Section 5205.1 -B -3 of Ordinance No. 49 and
Section 16.20.010 -B -3 of the City of Morro Bay Municipal Code be
amended to read as follows:
3. Five 'or more lots: the 'standard subdivision procedures shall
be used.
• •
ORDINANCE NO. 137
Page Two
SECTION 5. That Section 5205.1 -B -4 of Ordinance No. 49 and
Section 16.20..010 -B -4 of the City. of Morro Bay Municipal Code is
hereby repealed.
•
SECTION 6. That Section 5205.8 -A of Ordinance No. 49 and
Section 16.20.080 -A of the City of Morro Bay Municipal Code be
amended to read as follows:
A. The date of the actual filing of the map, for purposes of
this title, shall be the date of the next succeeding closing of the
agenda of the Planning Commission meeting following the presentation
of the said corrected map to the Planning Department, except that in
cases where the subdivider is requesting consideration by the
Commission of recommendations or requirements of the committee, the
date of filing with the Commission shall be deemed to be the next
agenda closing date of the Planning Commission following the meeting
of the Subdivision Committee at which the recommendations or require-
ments were made. The subdivider shall file seven copies of the re-
vised tentative map, eighteen inches by twenty -six inches and a
transparency. The Planning Commission shall act on any tentative map
within thirty days of the date of filing unless this time period is
extended by mutual consent of the subdivider and the Planning Com-
mission. Failure of the Planning Commission to act within the time
limits prescribed shall be deemed approval of the tentative map.
SECTION 7. That Section 5206.2 -A of Ordinance No. 49 and
Section 16.24.020 -A of the City of Morro Bay Municipal Code be amended
to read as follows:
A. The final plan or map shall be made to a scale large
enough to show the details clearly, minimum scale of one hundred feet
to the inch or larger, using more than one sheet if necessary to
furnish the desired space. The original shall be drawn in black ink
upon tracing cloth or Mylar of good quality and the size of the sheets
shall have a margin of one inch on all borders.
SECTION 8. That Section 5206.3 -A of Ordinance No. 49 and
Section 16.24.030 -A of the City of Morro Bay Municipal Code be amended
to read as follows:
A. Boundaries and Streets. The exterior boundaries of the
property (shown in blue), the borderlines and centerlines of all
proposed streets and alleys with their widths and names, any other
portions intended to be dedicated to the public use. In case of
branching streets, the line of departure from one street to another
shall be indicated.
SECTION 9. There is hereby added to the Municipal Code of the
City of Morro Bay Section 16.24.030 -K, which is to read as follows:
K. When a soils report has been prepared, this fact shall be
noted on the final map, together with the date of the report and the
name of the 'engineer making the report.
SECTION '10. That Section 5206.4 -A of Ordinance No. 49 and Section
16.24.040 -A of the City of Morro Bay Municipal Code be 'amended as
follows:
A. Traverse Sheets. The 'subdivider shall furnish. the Director
of Public Works traverse 'sheets prepared by a registered engineer or
licensed surveyor showing the mathematical closure within one foot to
• •
ORDINANCE NO. 137
Page Three
twenty thousand feet perimeter of the exterior boundary of the tract
and of each block within the tract and each irregular lot.
SECTION 11. There is hereby added to the Municipal Code of the
City of Morro Bay Section 16.24.040 -E, which is to read as follows:
E. The final map shall contain a certificate by the Engineer
or surveyor responsible for the survey and final map. This certi-
ficate shall give the date of the survey, state that the survey and
the final map were made by him or under his direction, and that the
survey is true and complete as shown.
The certificate shall also state that all the monuments are of
the character and occupy the positions indicated, or that they will
be set in such positions on or before a specified later date. The
certificate shall also state that the monuments are, or will be,
sufficient to enable the survey to be retraced.
SECTION 12. That Section 5207.1 of Ordinance No. 49 and
Section 16.28.010 of the City of Morro Bay Municipal Code be amended
to read as follows:
A. The parcel map shall be prepared by or under the direction
of a registered civil engineer or licensed land surveyor.
B. Design and Improvements. Division of property by this
section shall be governed as to design by Chapter 16.12; and may be
governed as to improvements by Chapter 16.16.
C. Parcel Map Information. A legible tentative map drawn
to scale and eighteen inches by twenty -six inches in size on tracing
paper (twenty copies) shall be prepared and submitted showing:
1. Name, address and phone number of person filing the
map; the name and tract number of the proposed subdivision;
2. Name and legal designation of tract or grant in
which the subdivision is located and ties to adjoining streets;
3. Any other data necessary for the intelligent inter-
pretation of the various items and location of the points, line
and areas shown, including: Elevations where topographyis a vital
factor; centerlines of important water courses; areas subject to
flood, road (accurately located), existing structures, and dimensions.
D. Statements. Accompanying the tentative map shall be the
following: A statement by the subdivider as to drainage, surfacing
or other required improvements to be constructed by him, and whether
proposed roads, widenings, or street openings are offered for separate
dedication, and if so, four copies of a preliminary title report on
subject property shall be included.
SECTION 13. That Section 5207.2 -B of Ordinance No. 49 and
Section 16.28.020 -B of the City of Morro Bay Municipal Code be
amended as follows:
B. The subdivision committee shall determine whether the parcel
map is in conformity with the provisions of law and this title as to
design, drainage, utilities, road improvements and offers of dedica-
tion or deed. Upon this basis they shall, except where there are
offers of dedication or a deed for public improvements, within fif-
•
ORDINANCE NO. 137
Page Four
teen days, approve, conditionally approve or disapprove. The
committee shall report such action in writing to the subdivider.
Any such approved map shall be recorded by the City Clerk.
SECTION 14. That Section 5207.2 -E of Ordinance No. 49 and
Section 16.28.020 -E of the City of Morro Bay Municipal Code is
hereby repealed.
SECTION 15. This Ordinance shall take effect thirty (30) days
after its adoption and prior to the expiration of fifteen (15) days
from the passage thereof shall be published once in 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.
Passed and adopted by the City Council of the City of Morro
Bay at a meeting of said City Council held this 28th day of May
1975, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ATTEST:
L. WARDEN
M. Ci
y Clerk
e�✓LG�i��i�ti' �LYI�'
FRED R. DONOHOO, Mayor
• •
ORDINANCE NO.136
AN ORDINANCE AMENDING PARTS OF
SECTION 2, OF ORDINANCE 65 AND
SECTION 17.44, TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE ENTITLED
"ZONING"
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 2, 5105.3.5 of Ordinance 65 and
Section 17.44.110 of the City of Morro Bay Municipal
Code be amended to read as follows:
17.44.110 GARAGE OR CARPORT -- STORAGE SPACE IN APARTMENT BUILDING
For each dwelling unit, the required off - street parking requirements
shall be contained within a garage or carport. In addition, 150
cubic feet of enclosed storage space shall be provided for each
required parking space and shall be within each garage or carport
of an apartment building unless the Building Official approves an
alternate location.
SECTION 2. This Ordinance shall take effect thirty (30) days
after its adoption and prior to the expiration of fifteen (15) days
from the passage thereof shall be published once in 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.
Passed and adopted by the City Council of the City of Morro Bay
at a meeting of said City Council held this 25th day of April,
1975, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ATTEST:
M
WARDEN, City Clerk
FRED R. DONOHOO,,Mayor
(..
• •
ORDINANCE NO. 135
AN ORDINANCE REPEALING SECTION 14.16.050
OF CHAPTER 14.16 OF TITLE 14 OF THE
MORRO BAY MUNICIPAL CODE, SECTION 4205 OF
ORDINANCE 15 AND ADDING A NEW SECTION 14.16.050 AND
SECTION 4205 OF ORDINANCE 15 ENTITLED
"SEISMIC SAFETY BUILDING REQUIREMENTS"
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 14.16.050 of Chapter 14.16 of Title 14
of the Morro Bay Municipal Code and Section 4205 of Ordinance 15 is
hereby repealed.
SECTION 2. That there is hereby added to the Municipal Code of
the City of Morro Bay Section 14.16.050 of Chapter 14.16 of Title 14
and Section 4205 of Ordinance 15, which is to read as follows:
14.16.050 SEISMIC SAFETY BUILDING REQUIREMENTS.
A. There are hereby adopted specific minimum construction
standards for the "F" Zone as shown in the Seismic Safety
Element of the General Plan. Said construction standards
shall be as delineated in that document known as "The
Geology - Subzonation of Zone "F ", Seismic Safety Element"
as prepared by Central Coast Laboratories, dated March 17,
1975, and adopted by reference in its entirety.
B. The "F" Zone is hereby divided into Sub -Zones as shown
on Maps 1 through 7, as prepared by Central Coast Laboratories.
C. Copies of said Document and Maps hereby adopted by reference
shall be kept in the office of the Building Official.
D. Buildings located in Sub -Zone 2 and 3 shall have their
foundations designed by a registered Engineer or a licensed
Architect.
SECTION 3. This ordinance is necessary under Section 36937 of
the Government Code of the State of California, for the immediate
• •
Page Two
preservation of the public peace, health, or safety, and shall therefore
take effect upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held this 14th day of April
1975, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell and Pipitone
NOES: None
ABSENT: Mayor Donohoo
ATTEST:
M. . WARDEN, City Clerk
INGS, M or Protempore
• •
ORDINANCE NO. 134
AN ORDINANCE ADDING SECTION 14.16.090
TO CHAPTER 14.16 OF TITLE 14 OF THE
CITY OF MORRO BAY MUNICIPAL CODE
ENTITLED "BUILDING REGULATIONS --
BUILDING CODE" AND AMENDING SECTION
4206.5 OF ORDINANCE NO. 15
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. There is hereby added to Section 4206.5 of Ordinance
No. 15 and to the Municipal Code of the City of Morro Bay Section
14.16.090, the following:
14.16.090 BUILDING IN LANDSLIDE HAZARD AREAS. All building
permits for structures proposed for any area of the City with a land-
slide risk rating of "4" (those areas designated "F" on the Seismic/
Geologic Map of the City of Morro Bay) shall pay an additional fee
of $20.00 to defray the costs of soil stability studies for these
areas.
SECTION 2. This ordinance is necessary, under Section 36937 of
the Government Code of the State of California, for the immediate
preservation of the public peace, health, or safety, and shall
therefore take effect upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the regular meeting thereof held this 10thday
1975, by the following roll call vote:
of March,
AYES: Councilmen Brown, Jennings, Mitchell, and Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ATTEST:
M L. WARDEN, City Clerk
FRED R. DONOHOO, Mayor
• •
ORDINANCE NO, 133
ORDINANCE REPEALING SECTION 8,_04.040
OF THE MORRO BAY MUNICIPAL CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain
as follows:
Section 1: Section 8.04.040 of Ordinance 126, and Section
8.04.040 of Chapter 8.04 of Title 8 of the Morro Bay Municipal
Code is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at the regular meeting thereof held this 24th
day of March 1975, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell and Pipitone
and Mayor Donohoo
NOES: None
ABSENT: None
ATTEST:
I4‘,00g
. WARDEN, Ci Clerk
9- Ce4'P, O19-rsr,
FRED R. DONOHOO, Mayor
•
ORDINANCE NO. 132
AN ORDINANCE AMENDING SECTIONS 9604.5,
9606.1 AND 9606.2 OF ORDINANCE NO. 72 AND
SECTIONS 13.16.100, 13.16.160 AND 13.16.170 OF
THE MORRO BAY MUNICIPAL CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. Section 9604.5 of Ordinance No. 72 and Section
13.16.100 of the Morro Bay Municipal Code are hereby amended to
read as follows:
13.16.100 Notice to property owners and utility companies.
Within ten days after the effective date of a resolution pursuant
to Section 13.16.060, the city clerk shall notify all affected
utilities and all persons owning real property served by and
affected by the district created by said resolution of the adoption
thereof. The city clerk shall further notify such affected pro-
perty owners of the necessity that, if they or any person occupying
such property desire to continue to receive electric, commmunca-
tion, cable television, or other similar or associated service,
they or such occupant shall provide all necessary facility changes
on their premises so as to receive such service from the lines of
th supplying utility or utilities at a new location, subject to
the provisions of Section 13.16.110 and 13.16.120.
Notification by the city clerk shall be made by mailing a
copy of the resolution adopted pursuant to Section 13.16.060 to-
gether with a copy of this chapter, to the affected utilities and
to affected property owners as such are shown on the last equalized
assessment roll of the county.
SECTION 2. Section 9606.1 of Ordinance No. 72 and Section
13.16.160 of the Morro Bay Municipal Code are hereby amended to
read as follows:
13.16.160 Responsibility of property owners. Every owner
or occupant operating, leasing, occupying or renting any premises
served by and affected by a district shall construct and provide
that portion of the service connection between the facilities
referred to in Sections 13.16.110 and 13.16.120 and the termination
facility on or within the building or structure being served on
said premises all in accordance with applicable filed rules, regu-
lations, and tariffs of utilities regulated by the commission.
SECTION 3. Section 9606.2 of Ordinance No. 72 and Section
13.16.170 of the Morro Bay Municipal Code are hereby amended to
read as follows:
13.16.170 Discontinuance of service. In the event any owner
or occupant leasing, operating, occupying or renting a premises
served by and affected by a district does not comply with the
provisions of Section 13.16.160 within the time provided for in
the resolution enacted pursuant to Section 13.16.060, the director
of public works shall post written notice on the property being
served and thirty days thereafter shall have the authority to
• •
Ordinance No. 132
Page Two
order the disconnection and removal of any and all overhead service
wires and associated facilities supplying utility service to said
property.
SECTION 4. This ordinance shall take effect thirty (30) days
after its adoption, and prior to the expiration of fifteen (15)
days from the passage thereof shall be published once in a news-
paper of general ciruclation, published and circulated in the City
of Morro Bay, and thenceforth and thereafter the same shall be in
full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the regular meeting thereof held this 27th day of January
1975, by the following roll call vote:
AYES: Councilmen Brown, Mitchell, Jennings, and Pipitone, and
Mayor Donohoo
NOES: None
ABSENT: None
ATTEST:
. WARDEN, City Clerk
J V •
FRED R. DONOHOO, Mayor
• •
ORDINANCE NO. 131
AN ORDINANCE AMENDING SECTION 3204.1 OF
ORDINANCE NO. 64 AND SECTION 8.16.170 OF
THE MORRO BAY MUNICIPAL CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. Section 3204.1 of Ordinance No. 64 and Section
8.16.170 of the Morro Bay Municipal Code is hereby amended to
read as follows:
8.16.170 Refuse collection stations. Refuse collection
stations for collection by a refuse collector shall be in the rear
or side yards of dwelling units within seventy -five feet of the
curb line, in places unobstructed and easily accessible to the
refuse collector, or at the alley if there is one, or at the street
curb line adjacent to such premises, where the refuse will be
neither a public nor a private nuisance, nor in any degree offen-
sive. Standard containers shall be placed in these locations by
the occupant of such premises. For commercial and non - dwelling
facilities, the refuse collection station shall, whenever possible,
be in the rear of such facilities and subject to approval of the
City. In all cases placement of standard containers shall be on
private property and shall not intrude into the street.
SECTION 2. Section 3204.2 of Ordinance No. 64 and Section
8.16.180 of the Morro Bay Municipal Code is amended to read as
follows:
8.16.180 Rubbish collection stations. Rubbish collection
stations for dwelling units shall be the street curb line adja-
cent to such premises, and standard containers, boxes, cans, bales,
bundles or separate items of rubbish shall be placed in that loca-
tion by the occupant of such premises for collection by the refuse
collector, provided that the rubbish collection station shall be
at the alley if there is one. For commercial and nondwelling
facilities, the rubbish collection station shall, wherever possible,
be in the rear of such facilities and subject to the approval of
the City. In all cases, placement of standard containers, boxes,
cans, bales, bundles or separate items of rubbish shall be on pri-
vate property and shall not intrude into the street.
SECTION 3. This ordinance shall take effect thirty (30) days
after its adoption, and prior to the expiration of fifteen (15)
days from the passage thereof shall be published once in a news-
paper 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.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the regular meeting thereof held on this 27th day of January
1975, by the following roll call vote:
• •
Ordinance No. 131
Page Two
AYES: Councilmen Brown, Mitchell, Jennings, and Pipitone, and
Mayor Donohoo
NOES: None
ABSENT: None
ATTEST:
41
MWARDEN, City Clerk
FRED R. DONOHOO, Mayor
• •
ORDINANCE NO. 130
AN ORDINANCE AMENDING SECTIONS
11102.18, 11102.19, 11102.20, 11102.21,
11102.23, ".11102.24, 11102.27, AND 11102.28
OF THE CITY OF MORRO BAY ORDINANCE NO. 84
ENTITLED "ANIMAL REGULATIONS" AND;
AMENDING SECTIONS
7.16.170, 7.16.180, 7.16.190, 7.16.200,
7.16.230, 7.16.250, 7.16.270, AND 7.16.280
OF CHAPTER 7.16 OF TITLE 7
OF THE CITY OF MORRO BAY MUNICIPAL CODE ENTITLED
"ANIMALS"
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 11102.18 of Ordinance No. 84,
and Section 7.16.170 of the City of Morro Bay Municipal Code be
amended to read as follows:
7.16.170 License Required.
The County Department of Animal Regulation, or the City of
Morro Bay License Officer, shall not license any dog, whose regis-
tered owner resides in the City of Morro Bay, until it has been
vaccinated with canine rabies vaccine by injection or other method
approved by the health officer 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 pre-
ceding sixty days, stating that, in his opinion, the rabies
vaccination would be likely to seriously injure the dog. Any dog
so exempted from rabies vaccination shall be restricted to the
enclosed yard of the owner or person in possession of the same
except when held upon a rope, chain, or leash. Any violation
thereof by the owner or person in possession of such dog is unlawful.
SECTION 2. That Section 11102.19 of Ordinance No. 84,
and Section 7.16.180 of the City of Morro Bay Municipal Code be
amended to read as follows:+
7.16.180 Performance=- Certificate.
The' vaccination shall be performed by a duly qualified. and
licensed veterinarian. The veterinarian vaccinating. the dog shall
issue 'to the 'owner or person in possession of the dog a rabies
vaccination tag and a certificate of vaccination, which certificate
shall include:
A. The type of vaccine used;
B. The date of vaccination;
C. Description of dog, including age, breed and color;
D. Serial number of rabies vaccination tag issued to dog;
E. Name and address of owner of dog;
F. Statement that the dog is male, neutered male, female,
or spayed female.
A copy of the certificate shall be sent to the San Luis Obispo
County Department of Animal Regulation.
• •
ORDINANCE NO. 130
Page Two
SECTION 3. That Section 11102.21 of Ordinance No. 84,
and Section 7.16.190 of the City of Morro Bay Municipal Code be
amended to read as follows:
7.16.190 Dog Tags.
Upon exhibition of the proper evidence of vaccination and
payment of the license fee, there shall be delivered to the person
making such payment a metal tag with the number and year stamped
or cut thereon, and the words: "MORRO BAY DOG LICENSE" or "DOG
TAG - County of San Luis Obispo ", stamped thereon, which dog tag
shall be securely fastened to a collar or harness which must be
worn at all times by the dog for which the tag was issued. If
the dog is exempted from vaccination, the dog tag shall have a
distinguishing mark as evidence of such fact. This tag, while
attached to a dog's collar or harness, shall be prima facie
evidence that the dog for which the tag was issued has been licensed
during the calendar year for which the tag was issued, and has been
vaccinated.
Dog tags for the County of San Luis Obispo may be purchased
from the San Luis Obispo County Department of Animal Regulation,
or its duly authorized agents. Dog tags for residents of the
City of Morro Bay may also be purchased from the City of Morro
Bay License Collector, or his duly authorized agents.
SECTION 4. That Section 11102.24 of Ordinance No. 84,
and Section 7.16.200 of the City of Morro Bay Municipal Code be
amended to read as follows:
7.16.200 Lost Tag.
If the tag issued for any duly registered dog be lost or
accidentally destroyed during the year it is issued, the owner or
custodian of such dog, upon making proof to the satisfaction of
the San Luis Obispo Department of Animal Regulation of its loss or
destruction, shall, upon payment of a fee of Two Dollars ($2.00)
receive for such dog another tag; whereupon the San Luis Obispo
County Department of Animal Regulation shall enter the number of the
tag so issued on the register and cancel the tag previously issued
for such dog.
SECTION 5. That Section 11102.23 of Ordinance No. 84,
and Section 7.16.230 of the City of Morro Bay Municipal Code be
amended to read as follows:
7.16.230 License Fees.
The following fees shall be charged:
A. For registering each altered dog, male or female, the
license collector, poundmaster, or San Luis Obispo
County Department of Animal Regulation shall collect
and receive a feetof Five Dollars ($5.00), and for
licensing each unaltered dog, male or female, he shall
collect and receive a fee of Ten Dollars ($10.00); unless
the owner or custodian of the dog chooses to place a
deposit for the spaying or neutering of said dog with
the San Luis Obispo County Department of Animal Regulation.
ORDINANCE NO. 130
Page Three
•
This deposit shall be forfeited to the San Luis Obispo
County Department of Animal Regulation if said operation
is not performed by the expiration date of the license
issued.
B. The license fee shall be paid by March '8 of each year.
After this date a late penalty shall take effect and the
late license fee shall be twice the pre - penalty fee.
C. Puppies must be licensed upon reaching the age of four
(4) months. A spay- neuter deposit may be placed with the
County of San Luis Obispo Department of Animal Regulation
at which time the lesser fee of Five Dollars ($5.00)
shall be charged. This deposit shall be forfeited to the
San Luis Obispo County Department of Animal Regulation
if said operation is not performed by the expiration date
of the license issued.
D. Any dog brought within the City of Morro Bay after March
15 of each year shall be registered within thirty days
or a late penalty shall take effect and the late license
fee shall be twice the pre - penalty fee; provided that
any dog which has a valid license from any other County
or City within the State of California shall be so regis-
tered upon payment of one half the established fee.
SECTION 6. That Section 11102.20 of Ordinance No. 84,
and Section 7.16.250 of the City of Morro Bay Municipal Code be
amended to read as follows:
7.16.250 Registration Record.
The San Luis Obispo County Department of Animal Regulation
shall maintain a record in which it shall, upon the application
of the City of Morro Bay License Collector, or the San Luis Obispo
Department of Animal Regulation, or of any person owning or having the
custody of any dog in the City of Morro Bay, and the payment to it
of the license fee hereby prescribed, 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 therefor, the date of
expiration of the rabies vaccine, the date of issuance and the
amount received for the license fee.
SECTION 7. That Section 11102.27 of Ordinance No. 84,
and Section 7.16.270 of the City of Morro Bay Municipal Code be
amended to read as follows:
7.16.270 Failure to Furnish' Information.
Any person owning or having the care, custody or control of
any dog in the City of Morro Bay, who wilfully refuses, fails or
neglects to furnish to the San Luis Obispo County Department of
Animal Regulation, the City of Morro Bay License Collector; the
health officer, or any of their duly qualified and•authorized deputies
or employees, the information necessary to properly license the dog;
or who shall resist, hinder or prevent the San Luis Obispo County
Department of Animal Regulation, health officer or any of their
duly authorized deputies or employeas in the exercise of their duties
or who fails, neglects or refuses to pay the license fee at the time
and in the manner herein provided; or who violates any of the provisions
• •
ORDINANCE NO. 130
Page Four
of this title declared to be unlawful, shall be guilty of a
misdemeanor.
SECTION 8. That Section 11102.28 of Ordinance No. 84,
and Section 7.16.280 of the City of Morro Bay Municipal Code is
hereby amended to read as follows:
7.1'6.280 Counte'rfeit'ing.
No person shall imitate or counterfeit such registration tags
or rabies tags. It shall be unlawful for any person to remove any
tag from any dog not owned by him or not lawfully in his possession
or under his control or to place on any dog any such license tag
not issued as provided for above for that particular dog for the
then current year or to make or to have in his possession or to
place on a dog any counterfeit or imitation of any license tag or
vaccination tag provided for.
SECTION 9. This ordinance shall take effect thirty (30)
days after its adoption, and prior to the expiration of fifteen
(15) days from the passage thereof shall be published and circulated
in the City of Morro Bay, and thenceforth and thereafter the same
shall be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the regular meeting thereof held on this 14th day of January,
1975, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ATTEST:
FRED R. DONOHOO, Mayor
;7
ORDINANCE NO. 128
•
AN ORDINANCE AMENDING CERTAIN PROVISIONS OF
ORDINANCE NO. 28 ENTITLED "AN ORDINANCE OF THE CITY OF MORRO BAY
PROVIDING FOR THE GRANTING OF AN EXCLUSIVE FRANCHISE FOR A
COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF
MORRO BAY TO CENTRAL CALIFORNIA COMMUNICATIONS CORPORATION AND
PROVIDING TERMS AND CONDITIONS FOR THE OPERATING OF SAID
COMMUNITY ANTENNA TELEVISION SYSTEM AND FEES THEREFORE"
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. All reference to an "exclusive franchise" in
Ordinance No. 28 is hereby deleted and the term "non- exclusive
franchise" is substituted therefore.
SECTION 2. Reference to Section 4 of Ordinance No. 28 entitled
"FRANCHISE PAYMENT ", paragraphs (a) and (c), delete the term "two
percent (2 %) of the gross annual receipts" and change to read "three
percent (3%) of the gross annual receipts ".
SECTION 3. Section 17 of Ordinance No. 28 entitled "MISCELLANEOUS
PROVISIONS" is hereby amended to add sub - paragraphs :(f) -,-.(gi and (h) as
follows:
(f) The Grantee shall extend aerial CATV plant to
deliver cable television service at such time as the
density is such that Grantee shall reasonably expect to
obtain fifty (50) single family residence connections
per plant mile. The Grantee shall determine when a line
extension will produce the required density and then with
due diligence, the Grantee shall proceed to obtain the
necessary permits and to build the extension. If Grantee
does not, of its own accord, proceed to secure the permits
and build line extension at such time as the area reaches
the required density, City may request Grantee to build
the plant and deliver CATV service, however, Grantee may
be permitted to show cause why such extension or expansion
should not or cannot be constructed.
(g) Grantee shall provide to City a quarterly report
each calendar quarter of all complaints received concerning
Cable TV service and Grantee's actions responding to such
complaints.
(h) Grantee shall continue to provide existing pro-
gram service to subscribers within City and shall, within
one year of the effective date of this ordinance, provide
discrete channels for presentation of programs from station
KTVU (Oakland) and KQED (San Francisco) to the City of
Morro Bay on a full schedule basis.
SECTION 4. Reference Exhibit A entitled "Schedule of Rates and
Charges" of Ordinance No. 28, paragraphs 2 and 3 are hereby deleted
and new paragraphs 2 and 3 are adopted as follows:
• •
Ordinance No. 128
Page Two
2. Installation and Service Charges:
(a) New Charges Monthly
Installations Installation Service Charges
Commercial $ 10.00 $ 5.75
Household 10.00 5.75
(b) Additional
Outlets
Commercial 5.00 2.25 each additional
Household 5.00 1.25 each additional
3. Relocation Charges:
(a) Subscriber relocating residence to an uncabled house with
house wiring required- $7.50; $5.00 minimum
(b) Subscriber relocating residence to cabled house with house
wiring not required - $5.00; $2.50 minimum
(c) Moving outlet - material plus labor at $5.00 per hour;
$2.50 minimum
SECTION 5. This ordinance shall take effect thirty (30) days
after its adoption, and prior to the expiration of fifteen (15)
days from the passage thereof shall be published once in a news-
paper 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.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held on this 14th day of October,
1974, by the following roll call vote:
AYES: Councilmen Brown- andnMitchellt?and2Mayor- Donohoe'
- ?,a✓ -ac nrhoo
NOES: Councilmen Jennings and Pipitone
ABSENT: None
ATTEST:
. WARDEN, City Clerk
lice"/ICT. O
FRED R. DONOHOO, Mayor
• . d•
ORDINANCE NO. 127
AN ORDINANCE AMENDING THE ZONING MAP
OF THE CITY OF MORRO BAY AS RELATES
TO A 33 ACRE PARCEL OF UNDEVELOPED
LAND LYING SOUTHEASTERLY OF THE
HARBOR FRONT TRACT.
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. The Zoning Map of the City of Morro Bay, adopted pursuant
to Section 17.28.010 of the Morro Bay Municipal Code, shall be and is
hereby amended to change the zoning on the following described property
from "R -A" to "R -A, S -3 ":
That portion of Lot 11 of the Rancho San Bernardo in the City of
Morro Bay, County of San Luis Obispo, State of California, as shown on
map recorded in Book 1, page 6 of Maps in the office of the County Recorder
of said County, described as follows:
Beginning at the most Southerly corner of Lot 15, Block 2, of Harbor
Front Unit No. 1 as shown on map recorded in Book 5, page 18, of said
Maps, said point of beginning being the intersection of the Northwesterly
line of said Lot 11 with the Northeasterly line of the land granted to the
State of California by Final Order of Condemnation recorded in Book 933,
page 307 of Official Records in the office of said County Recorder; thence
along the boundary of said Harbor Front Unit No. 1 and said Lot 11, N 37°
18' 00" E 711.83 feet to an angle point in said Lot 11; thence continuing
along the boundary of said Lot 11, N 24° 38' 00" E 405.00 feet; thence
S 46° 55' 00" E 400.00 feet; thence S 32° 32' 00" W 370.00 feet; thence S
20° 40' 00" E 140.00 feet, thence S 79° 30' 00" E 310.00 feet; thence S
67° 25' 00" E 365.00 feet; thence S 19° 50' 00" E 125.00 feet; thence
S 82° 00' 00" E 145.00 feet; thence S 2° 25' 00" W 450.00 feet; thence
S 52° 20' 00" E 158.00 feet; thence N 71° 40' 00" E 290.00 feet; thence
S 82° 50' 00" E 255.00 feet; thence S 24° 00' 00" W 190.00 feet; thence
S 89° 30' 00" W 200.00 feet; thence S 20° 55' 00" E 95.00 feet; thence
S 45° 40' 00" W 165.00 feet; thence S 62° 50' 00" W 269.01 feet to the
Northeasterly line of said land granted to the State of California; thence
• • II •
PAGE TWO - ORDINANCE NO.127
along said Northeasterly line, N 56° 37' 35" W 318.89 feet; N 540 15'
20" W 1183.00 feet and N 62° 18' 23" W 426.64 feet to the point of
beginning. (For location, see attached Exhibit "A ")
SECTION 2. This ordinance shall take effect thirty (30) days after
its adoption, and prior to the expiration of fifteen (15) days from
the passage thereof shall be published once in 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.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held on this 12th day of August
1974, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ATTEST:
WARDEN, CITY CLERK
FRED R. DONOHOO, MAYOR
EXHIBIT "A"
•0 ••
ORDINANCE NO. 126
ORDINANCE DELETING SECTIONS 8.04.010 AND 8.04.020 OF
CHAPTER 8.04, TITLE 8 AND ADDING NEW
SECTIONS 8.04.010, 8.04.020, 8.04.030, 8.04.040,
AND 8.04.050 OF CHAPTER 8.04 OF TITLE 8 OF
THE MORRO BAY MUNICIPAL CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
Section 1. Sections 8.04.010 and 8.04.020 of Chapter 8.04
of Title 8 of the Morro Bay Municipal Code are hereby repealed
and the following sections are adopted in lieu thereof:
8.04.010 Adoption of County Code. Title 8, Chapter 8.04,
Sections 8.04.010 through 8.04.120 Health & Sanitation Code -
Food and Drink Establishments, as amended, being a portion of the
Health Code of the County of San Luis Obispo are approved and adopted
as the Health Code of the City of Morro Bay. All reference in the
County Code to the Health Officer of the County and to the Board of
Supervisors shall refer to the Health Officer of the City of Morro
Bay and the City Council of the City of Morro Bay.
8.04.020 City Health Officer. The Health Officer of the
County of San Luis Obispo and his duly appointed representatives
shall have the authority to enforce the provisions hereof and shall
act as the Health Officer of the City of Morro Bay unless otherwise
designated by resolution hereafter adopted by the City of Morro Bay.
8.04.030 Adoption of State Code. To secure uniformity of
standards and to facilitate the administration of the provisions
hereof, Sections 285.2A' through 28696, Articles 1 through 7 of the
California Health & Safety Code together with any subsequent amend-
ments are adopted and made a part of this chapter. Each operator
is further notified that additional State Code provisions apply
to operations within the City.
8.04.040 Procedures. The City may, by resolution, adopt
procedures for the enforcement of these provisions: In addition
to the procedures adopted by the City Council pursuant to the recommen-
dation of the Health Officer, the following provisions shall apply:
•,L, -a. The Health Officer shall give at least ten days written
notice to the operator of any proposed hearing.
b. When a hearing is held, the City Administrator or his
designated representative shall accept sworn testimony and after the
conclusion of the hearing a decision shall be made in writing pur-
suant to written findings of fact. A copy of such decision and
written findings of fact shall be submitted to the operator. The
hearing may be continued from time to time for the convenience of
the parties.
c. In the event that the operator is not satisfied with the
decision of the City Administrator or his designated representative
he may, within ten days of written notice of such decision, appeal
in writing to the City Council. The City Council may affirm, modify
• •
Ordinance No. 126
Page Two
or reverse the decision of the City Administrator or his designated
representative.
d. A permit may be temporarily suspended by the Health
Officer pending a hearing for a violation of the City or State
Health Code when, in the Health Officer's opinion the danger of
public health is so eminent, immediate and threatening as not to
permit a delay. In the event of such suspension, the holder shall
be given an opportunity for a hearing before the City Administrator
or his designated representative within at least 48 hours of the
time of suspension. After the hearing, a reasonable time shall be
allowed by the Health Officer for correction of the violation.
Reference in these sections to operator includes reference to the
"holder" of any permit.
8.04.050 Penalties. Any person operating without a permit
and any person violating the City Code shall be deemed guilty of
a misdemeanor. A person convicted of a misdemeanor shall be pun-
ishable by a fine of not more than $500.00 or by imprisonment in
the County jail for a period not to exceed six months or by both
such fine and imprisonment.
Section 2. This ordinance is necessary, under Section 36937
of the Government Code of the State of California, for the immediate
preservation of the public health and shall therefore take effect
upon its adoption.
PASSED AND. ADOPTED by the City Council of the City of Morro
Bay at the regular meeting thereof held this 8th day of July,
1974, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo
NOES: None
ABSENT: Councilman Mitchell
ATTEST:
N/ L. WARDEN, City Clerk
frae,47 6#1-14766'
FRED R. DONOHOO, Mayor
•
ORDINANCE NO. 125
AN ORDINANCE OF THE CITY OF MORRO BAY, CALIFORNIA, ADOPTING THE
"MORRO BAY MUNICIPAL CODE," A CODIFICATION OF THE PERMANENT AND
GENERAL ORDINANCES OF THE CITY OF MORRO BAY, CALIFORNIA, TOGETHER
WITH THOSE SECONDARY CODES ADOPTED BY REFERENCE AS AUTHORIZED BY
THE GENERAL LAWS OF THE STATE OF CALIFORNIA, SAVE AND EXCEPT
THOSE PORTIONS OF THE SECONDARY CODES AS ARE DELETED OR MODIFIED
BY THE PROVISIONS OF THIS CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the California State Legislature has provided for
the codification and publication of the permanent and general
ordinances of cities and towns in Sections 50022.1 -- 50022.8 and
50022.10 of the California Code Annotated; and
WHEREAS, the Book Publishing Company, Seattle, Washington,
has compiled, edited and published a codification of the
permanent and general ordinances of the City of Morro Bay,
California; and
WHEREAS, there have been filed and there are now on file in
the office of the City Clerk, for public inspection, three copies
of a document entitled "Morro Bay Municipal Code," together with
three copies of each of the secondary codes therein adopted by
reference;
BE IT ENACTED BY THE COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA:
SECTION 1. Adoption. Pursuant to the provisions of Sections
50022.1 -- 50022.8 and 50022.10 of the California Code Annotated,
there is hereby adopted the "Morro Bay Municipal Code" as published
by Book Publishing Company, Seattle, Washington, together with
those secondary codes adopted by reference as authorized by the
California State Legislature, save and except those portions of the
secondary codes as are deleted or modified by the provisions of the
"Morro Bay Municipal Code."
SECTION 2. Title -- Citation -- Reference. This code shall be
known as the "Morro Bay Municipal Code" and it shall be sufficient
to refer to said code as the "Morro Bay Municipal Code" in any
prosecution for the violation of any provision thereof or in any
proceeding at law or equity. It shall be sufficient to designate
any ordinance adding to, amending, correcting or repealing all or any
part or portion thereof as an addition to, amendment to, correction
or repeal of the "Morro Bay Municipal Code." Further reference may be
had to the titles, chapters, sections and subsections of the "Morro
Bay Municipal Code" and such references shall apply to that numbered
title, chapter, section or subsection as it appears in the code.
SECTION 3. Codification authority. This code consists of all
the regulatory and penal ordinances and certain of the administrative
ordinances of the City of Morro Bay, California, codified pursuant
to the provisions of Sections 50022.1 -- 50022.8 and 50022.10 of the
California Code Annotated.
SECTION 4. Ordinances passed prior to adoption of the code.
The last ordinance included in the initial code is Ordinance 116,
passed in 1973. The following ordinances, passed subsequent to
Ordinance 116, but prior to adoption of this code, are hereby
• •
adopted and made a part of this code: Ordinances No. 117, 118, 119,
120, 121, 122, 123, and 124.
SECTION 5.- Reference 'appl'ies to all 'amendments. Whenever a
reference is made to this code as the "Morro Bay Municipal Code"
or to any portion thereof, or to any ordinance of the City of Morro
Bay, California, the reference shall apply to all amendments,
corrections and additions heretofore, now or hereafter made.
SECTION 6. Title, chapter and section headings. Title, chapter
and section headings contained herein shall not be deemed to govern,
limit, modify, or in any manner affect the scope, meaning or intent
of the provisions of any title, chapter or section hereof.
SECTION 7. Reference to specific ordinances. The provisions of
this code shall not in any manner affect matters of record which
refer to, or are otherwise connected with ordinances which are there-
in specifically designated by number or otherwise and which are
included within the code, but such reference shall be construed to
apply to the corresponding provisions contained within this code.
SECTION 8. Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendments
hereby of any ordinance or part or portion of any ordinance of the
City shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective
date hereof, nor be construed as a waiver of any license, fee, or
penalty at said effective date due and unpaid under such ordinances,
nor be construed as affecting any of the provisions of such ordinances
relating to the collection of any such license, fee, or penalty, or
the penal provisions applicable to any violation thereof, nor to
affect the validity of any bond or cash deposit in lieu thereof
required to be posted, filed or deposited pursuant to any ordinance
and all rights and obligations thereunder appertaining shall continue
in full force and effect.
SECTION 9. Effective date. This code shall become effective
on the date the ordinance adopting this code as the "Morro Bay
Municipal Code" shall become effective.
SECTION 10. Constitutionality. If any section, subsection,
sentence, clause or phrase of this code is for any reason held to
be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this code. The Council hereby
declares that it would have passed this code, and each section,
subsection, sentence, clause and phrase thereof, irrespective of the
fact that any one or more sections, subsections, clauses or phrases
had been declared invalid or unconstitutional, and if for any reason
this code should be declared invalid or unconstitutional, then the
original ordinance or ordinances shall be in full force and effect.
SECTION 11. This ordinance shall take effect thirty (30) days
after its adoption, and prior to the expiration of fifteen (15)
days from the passage thereof shall be published once in a news-
paper 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.
PASSED AND ADOPTED by. the Ci.ty.Council of.the City of Morro Bay at
the regular meeting thereof held on this 28th day of May,
1974, by the following roll call vote:
• •
AYES: Councilmen Brown, Mitchell, Pipitone, and Mayor Donohoo
NOES: None
ABSENT: Councilman Jennings
ATTEST:
7. WARDEN, City Clerk
FRED R. DONOHOO, Mayor
• •
ORDINANCflO.• 124
AN ORDINANCE AMENDING CHAPTER VIII OF TITLE VIII
OF THE MORRO BAY MUNICIPAL CODE
MODIFYING THE STATE SPEED LIMIT
ON CERTAIN STREETS OR PORTIONS THEREOF
T H E C I T Y C O U N C I L
City of Morro Bay, California
SECTION 1. That that portion of Section 8800 of Chapter
VIII, Title VIII of the Morro Bay Municipal Code which reads as
follows:
"South Bay Boulevard between State Highway #1
and the South City limits 40"
is hereby deleted.
SECTION 2. That Section 8800 of Chapter VIII, Title VIII
of the Morro Bay Municipal Code be amended to add the following:
"South Bay Boulevard between the South City
limits and the Southerly line of Rancho
San Bernardo 40"
South Bay Boulevard between State Highway #1
and the Southerly line of Rancho San
Bernardo 25"
SECTION 3. This ordinance shall take effect thirty (30)
days after its adoption and prior to the expiration of fifteen (15)
days from the passage thereof shall be published once in a news-
paper 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.
PASSED AND ADOPTED BY THE City Council of the City of Morro
Bay at a meeting of said City Council held thisl3th day of May,
1974, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ATTEST:
WARDEN, City Clerk
.4e/of
FRED R. DONOHOO, Mayor
•
•
ORDINANCE NO. 123
AN ORDINANCE AMENDING THE ZONING MAP
OF THE CITY OF MORRO BAY AS RELATES TO
CERTAIN PROPERTY LOCATED ON THE EASTERLY
SIDE OF NORTH MAIN STREET BETWEEN A POINT
LYING APPROXIMATELY 150 FEET SOUTHERLY OF
ISLAND STREET AND A POINT LYING APPROXI-
MATELY 50 FEET NORTHERLY OF ZANZIBAR STREET
T H E C I T Y C O U N C I L
CITY OF MORRO BAY
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. The Zoning Map of the City of Morro Bay, adopted
pursuant to Section 5103.2 of the Morro Bay Municipal Code, shall
be and is hereby amended to change the zoning on the following
described property:
Those lots primarily lying on the easterly side of North
Main Street between a point lying approximately 150 feet southerly
of Island Street and a point lying approximately 50 feet northerly
of Zanzibar Street as delineated on the attached map marked
Exhibit "A" which is made a part of this ordinance as though
fully set forth herein.
SECTION 2. The specific Amendment shall be that, in addition
to those conditions and uses attached to the aforementioned property
in accordance with Resolution 3 -72 dated April 17, 1972, which shall
remain in full force and effect, the following special S -6 conditions
are hereby applied: "Multiple family dwellings, apartments and
dwelling groups shall be permitted subject to the securing of a
Use Permit."
SECTION 3. This ordinance shall take effect thirty (30)
days after its adoption, and prior to the expiration of fifteen (15)
days from the passage thereof shall be published once in 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.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at the regular meeting thereof held on this 22nd
day of April , 1974, by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and
Mayor Donohoo
NOES: None
ABSENT: None
ATTEST:
M. L. WARDEN, City Clerk
Aaiataza-
FRED R. DONOHOO, SR., MAYOR
"S -6" CONDITION
ADDED
EXHiair "A"
• •
ORDINANCE NO. 122
AN ORDINANCE CALLING A SPECIAL MUNICIPAL BOND
ELECTION IN THE CITY OF MORRO BAY FOR THE PUR-
POSE OF SUBMITTING TO THE ELECTORS OF SAID CITY
THE MEASURE OF INCURRING A BONDED INDEBTEDNESS
OF SAID CITY FOR THE ACQUISITION, CONSTRUCTION
AND COMPLETION OF THE FOLLOWING MUNICIPAL IMPROVE-
MENT, TO WIT: WASTEWATER RECLAMATION FACILITIES:
DECLARING THE ESTIMATED COST OF SAID MUNICIPAL
IMPROVEMENT, THE AMOUNT OF THE PRINCIPAL OF SAID
INDEBTEDNESS TO BE INCURRED THEREFOR, AND THE
MAXIMUM RATE OF INTEREST TO BE PAID THEREON; MAKING
PROVISION FOR THE LEVY AND COLLECTION OF TAXES;
FIXING THE DATE OF SAID ELECTION, THE MANNER OF
HOLDING THE SAME, PROVIDING FOR NOTICE THEREOF,
AND CONSOLIDATING SAID SPECIAL MUNICIPAL BOND
ELECTION WITH THE STATE OF CALIFORNIA DIRECT PRI-
MARY ELECTION TO BE HELD ON JUNE 4, 1974.
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council (hereinafter sometimes called the
"Council ") of the City of Morro Bay (hereinafter called the "City "),
by resolution duly passed and adopted at a meeting of the Council
duly and regularly held, by affirmative vote of more than two- thirds
of all its members, did determine that the public interest and nec-
essity demand the acquisition, construction and completion of the
municipal improvement hereinafter mentioned, and did further deter-
mine that the cost of the acquisition, construction and completion
of said municipal improvement is and will be too great to be paid
out of the ordinary annual income and revenue of the City and that
said municipal improvement will require an expenditure greater than
the amount allowed therefor by the annual tax levy, and that the
City should incur a bonded indebtedness therefor, which resolution
was duly entered on the minutes of said meeting of the Council,
and is now on file and of record in the Clerk's office of the City,
NOW, THEREFORE,
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. A special municipal bond election shall be and is
hereby ordered and will be held in the City of Morro Bay on Tuesday,
June 4, 1974, at which election shall be submitted to the qualified
electors of the City the question of incurring a bonded indebted-
ness of the City for the object and purposes set forth in the follow-
ing measure, to wit:
MEASURE:
(Wastewater
Reclamation
Facilities)
Shall the City of Morro Bay incur
a bonded indebtedness in the principal
amount of $450,000 for the acquisition,
construction and completion of the
following municipal improvement, to wit:
Wastewater reclamation facilities, comprising a fil-
tration and reclamation -system for effluent wastewater
consisting of an equalization tank, filtration facilities,
an effluent pump station, force - mains, surge control
facilities, aeration facilities, irrigation facilities,
a storage reservoir, spray disposal facilities and a
• •
ORDINANCE NO. 122
Page Two
flocculation- sedimentation basin, together with
necessary pipes, pumps, filters, machinery, control
equipment and lands therefor; ,and other works,
property or structures necessary or convenient for
wastewater reclamation facilities for the City. of
Morro Bay?
The estimated cost of the' municipal improvement set forth in
said measure is the sum of $3,284,000 and the amount of the indebt-
edness proposed to be incurred for said municipal improvement is the
sum of $450,000. It is contemplated by the Council that the differ -
ence between the cost of said wastewater reclamation facilities and
the amount of the debt to be incurred therefor will be provided by
grants from the United States of America and /or the State of Califor-
nia, but the Council reserves the right in its discretion to pro-
vide otherwise for the payment of said difference, or if any of
such moneys over and above the amount to be realized from the proceeds
of the sale of bonds are not available, then to reduce the cost of
said wastewater reclamation facilities to the actual amount to be
realized from the proceeds of sale of said bonds together with funds
actually available for said wastewater reclamation facilities, and
said estimated cost herein set forth shall not be deemed to consti-
tute a limitation or condition upon the issuance of any of said
bonds. The estimated cost of said municipal improvement includes
legal and all other fees incidental to or connected with the'_auth-
orization, issuance and sale of the bonds evidencing the indebtedness
proposed to be incurred for said municipal improvement and the costs
of printing said bonds and all other costs and expenses incidental
to or connected with the authorization, issuance and sale of said
bonds.
SECTION 2. The Council does hereby submit to the qualified
electors of the City at said special municipal bond election said
measure set forth in Section 1 of this ordinance, and designates
said measure as the measure to appear on the form of ballot herein-
after prescribed for use at said election.
(a) Said special municipal bond election shall be held and
conducted, and the votes thereof canvassed, and the re-
turns thereof made, and the result thereof ascertained and
determined, as herein provided; and in all particulars not
prescribed by this ordinance, said election shall be held
as provided by law for the holding of municipal elections
in the City.
(b) All persons qualified to vote at municipal elections in
the City upon the date of the election herein provided
for shall be qualified to vote upon the measure submitted
at said special municipal bond election.
(c) The polls at the polling places hereinafter designated
shall be opened at 7:00 o'clock a.m. of said day of
election and shall be kept open continuously thereafter
until 8:00 o'clock p.m. of said day of election, when the
polls shall be closed (except as provided in Section 14436
of the Elections Code), and the election officers shall
thereupon proceed to canvass the ballots cast thereat.
(d) Said special municipal bond election hereby called shall
be and is hereby consolidated with the State of California
• •
ORDINANCE NO. 122
Page Three
Direct - Primary Election to be held in the City on June
4, 1974, all as required by and pursuant to law; and the
election precincts, polling places and officers of election
within the City for said special municipal bond election
hereby called shall.be the same as those to be selected and
designated by the Board of Supervisors of San Luis Obispo
County for said Direct Primary Election and to be set
forth in th notice of .election officers and polling places
for said Direct Primary Election to be published by the
County Clerk of San Luis Obispo County, as required by law,
to which notice reference is hereby specifically made for
a designation of the precincts, polling places, and election
officers of the special municipal bond election hereby
called. Only qualified voters of the City shall be per-
mitted to vote at said special municipal bond election.
The Board of Supervisors of said County is authorized to
canvass, or cause to be canvassed, the returns of said
special municipal bond election with respect to the votes
cast in the City and to certify the results to the Council.
(e) On the ballots to be used at said Direct Primary Election
and said special municipal bond election hereby consol-
idated therewith, in addition to all other matters required
by law to be printed thereon, shall appear the measure set
forth in Section 1 hereof. Each voter to vote for the
measure hereby submitted and for incurring said bonded
indebtedness shall stamp a cross ( +) in the blank space
opposite the word "YES" on the ballot to the right of said
measure, and to vote against said measure and against in-
curring said indebtedness shall stamp a cross ( +) in the
blank space opposite the word "NO" on the ballot to the
right of said measure, except that on absent voter ballots
the cross ( +) may be marked with pen or pencil; provided,
however, that if and to the extent that voting machines are
used at said election, such voting machines shall be so
arranged that any qualified elector may vote for or against
said measure, respectively, by pulling down a lever to the
side of or adjacent to the word "YES" or the word "NO"
under or near a statement of said measure appearing on the
ballot card placed on the front of the machine, and said
act shall constitute either a vote for or a vote against
said measure, respectively, and said machines and the
preparation thereof shall comply in all respects with the
provisions of law. Absent voter ballots setting forth
said measure shall be issued to qualified electors residing
within the City entitled thereto, in the manner provided
by law, and such absent voter ballots shall likewise be
canvassed, or caused to be canvassed, by the Board of Super-
visors of said County.
(f) At the next regular meeting of the Council occurring after
the returns of said special municipal bond election have
been canvassed, or caused to be canvassed, by the Board of
Supervisors of San Luis Obispo County, and the certifi-
cation of the results thereof to the Council, or at a
special meeting called thereafter for such purpose, the
Council shall cause to be 'spread upon its minutes a state-
ment of the results of said special municipal bond election
as ascertained by said canvass.
ORDINANCE NO. 122
Page Four
SECTION 3. The Council proposes to issue and sell bonds of the
City for the object and purposes, but not exceeding the amount,
specified in said measure if two- thirds of the qualified electors
voting on said measure at said special municipal bond election shall
vote in favor of said measure. Said bonds shall be negotiable in form
and of the character known as serial, and shall bear interest at a
rate not to exceed seven per cent (7%) per annum, payable semi-
annually (except that interest for the first year after the date of
said bonds may be made payable at or before the end of said year).
Provision is hereby made for the payment of the principal of and
interest on said bonds as follows: At the time of making the general
tax levy after incurring the bonded indebtedness, and annually there-
after until the bonds are paid or until there is a sum in the treasury
set apart for that purpose sufficient to meet all payments of prin-
cipal and interest on the bonds as they become due, the Council shall
levy and collect a tax sufficient to pay the interest on the bonds
and such part of the principal as will become due before the pro-
ceeds of a tax levied at the next general tax levy will be available;
provided, however, that if said bonds are authorized to be issued at
said election, and it is expected that all or any part of said bonds
will be sold at such time that the principal of or interest on such
bonds will become due before the proceeds of a tax levied after such
sale would be available to pay such.principal or interest, the Council,
at the time of fixing the annual tax levy, may levy a tax in an amount
clearly sufficient to pay that portion of the principal of and
interest on said bonds which it is expected will become due before
the proceeds of the next succeeding tax levy will be available. If
the earliest maturity of the bonds is more than one year after the date
of issuance, the Council shall levy and collect annually a tax
sufficient to pay the interest as it falls due and to constitute a
sinking fund for the payment of the principal on or before maturity.
Such taxes shall be levied and. collected as other City taxes and shall
be in addition to all other taxes and shall be used only for payment
of the bonds and the interest thereon.
SECTION 4. The City Clerk of the City is hereby directed, upon
the passage and adoption of this ordinance, to publish the same once a
week for two (2) weeks in The Sun- Bulletin, which is a newspaper of
general circulation published less than six (6) days a week in the
City, and such publication shall constitute notice of said election.
No other notice of the election hereby called need be given.
SECTION 5. This ordinance shall be forthwith entered upon the
minutes of the Council and in the Ordinance Book of the City. This
ordinance, being an ordinance calling and ordering an election, shall
take effect from and after its final passage and approval.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a meeting of said City Council held this llth day of March, 1974,
by the following. vote:
AYES: Councilman Donohoo, Jennings, Keiser, McConaghay and Mayor
Mitchell
NOES: None
ABSENT: None
ATTEST:
f/1/127
xti D LE C. MITCHEE L, Mayor
M. L. WARDEN, City Clerk
ORDINANCE NO. 121
AN ORDINANCE DELETING PORTIONS OF SECTION 4103.1 OF
DIVISION 1, PART I, CHAPTER I, TITLE IV OF
THE MORRO BAY MUNICIPAL CODE ENTITLED "BUILDING REGULATIONS"
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That sub - section 1 of Section 4103.1, Chapter
I, Title IV of the Morro Bay Municipal Code which reads as follows:
"1. Agricultural buildings as defined Section
402 of the Uniform Building Code as adopted
herein:"
is hereby'deleted.
SECTION 2. This ordinance shall take effect and be in full
force and effect thirty (30) days after its passage, and prior
to the expiration of fifteen (15) days from the passage thereof
shall be published once in a newspaper of general circulation
published and circulated in the City of Morro Bay and shall there-
after be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said City Council held this lith day of
February, 1974 by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
. WARDEN, City Cler
DALE C. MITCHELL, Mayor
• 1
ORDINANCE NO. 120
AN ORDINANCE AMENDING THE ZONING MAP
OF THE CITY OF MORRO BAY AS RELATES
TO A PORTION OF LOT 31, .RANCHO SAN BERNARDO,
BOUNDED BY QUINTANA ROAD, MORRO BAY BOULEVARD,
AND CALIFORNIA STATE HIGHWAY 1
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. The Zoning Map of the City of Morro Bay,
adopted pursuant to Section 5103.2 of the Morro Bay Municipal
Code, shall be and is hereby amended to change the zoning on
the following described property:
A portion of Lot 31, Rancho San Bernardo,
bounded by Quintana Road, Morro Bay Boulevard
and California State Highway 1 as delineated
on the attached map marked Exhibit "A" which
is made a part of this ordinance as though
fully set forth herein.
SECTION 2. This ordinance shall take effect thirty (30)
days after its adoption, and prior to the expiration of
fifteen (15) days from the passage thereof shall be published
once in 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.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at the regular meeting thereof held on this 11th
day of February , 1974, by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES:
None
ABSENT: None
ATTEST:
M. L. WARDEN, City Clerk
D6C. Idi(CH�� Mayor
EXHIBIT "A"
NO CHANGE
C -1 -N
to
C2, S8
•
ORDINANCE NO..119
AN ORDINANCE CREATING CHAPTER IV TO
TITLE IX OF THE MORRO BAY MUNICIPAL CODE
ADOPTING A HARBOR ORDINANCE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1: Chapter IV to Title IX of the Morro Bay Municipal
Code entitled "Harbor and Ocean Regulations" is hereby created
as follows:
CHAPTER IV - HARBOR AND OCEAN REGULATIONS
Article 1 - Definitions and Administration
9401.1 Definitions
For the purposes of this Ordinance, the words and phrases
herein defined shall, unless the context clearly indicates other-
wise, have the meanings herein set forth:
(a) "Anchorage Area" means any portion of Morro Bay which
has been so designated pursuant to law and approved by
the Federal Government.
(b) "City" means City of Morro Bay.
(c) "City Council" means the City Council of the City of
Morro Bay.
(d) "Director of Public Works" means the Director of Public
Works of the City of Morro Bay.
(e) "Fire Chief" means the Fire Chief of the City of Morro
Bay.
(f) "Mooring" means any appliance used to secure a vessel
in the City of Morro Bay, other than to a pier, which
is not carried aboard such vessel as regular equipment
when under way.
(g) "Motorboat" means any vessel propelled by machinery,
whether or not such machinery is the principal source
of propulsion, but shall not include a vessel which
has a valid marine document issued by the Bureau of
Customs of the United State Government or any Federal
agency successor thereto.
(h) "Pier" means any fixed or floating structure for
securing vessels, loading or unloading persons or
property or providing access to the water, and
includes wharf, dock, float, or any other landing
facility.
(i) "Turning Basin" means that portion of any channel which
has been so designated pursuant to law and approved by
• •
ORDINANCE NO. 119
Page Two
the Federal Government, for the purpose of permitting
vessels to turn around or permitting their course or
direction to be altered therein.
(j) "Vessel" includes every description of watercraft which
is designed and principally intended for use as a means
of transportation on water and which is capable of
being navigated from place to place.
(k) "Water of Morro Bay" means all water within the City
limits of the City of Morro Bay in which the tide
ebbs and flows, whether or not the ordinary or mean
high tide line of the Pacific Ocean has been fixed
by ordinance, statute, court action, or otherwise,
and whether or not the lands lying under said tidal
water are privately or publicly owned.
(1) "Harbor Patrolman" means any and all City employees who
are designated and employed by the City as such and who
are peace officers with limited powers.
(m) "Houseboat" means a watercraft on or in the water of
Morro Bay, floating or non - floating, which is designed,
intended and fitted out as a place of habitation and is
not principally used for transportation.
(n) "Vessels of a commercial nature" means vessels for which
the State of California, Department of Fish and Game has
issued a current commercial fishing license, and whose
owner or operator holds a current State of California,
Department of Fish and Game commercial fishing license,
and which, within the current calendar year has been
actively used for commercial fishing activities. Such
use shall be evidenced by State of California, Depart-
ment of Fish and Game, commercial fish receipts issued
during the current calendar year.
(o) "Commercial Mooring Operator" means any person or persons
who rents or holds out for rent, moorings within an
established commercial mooring zone, and who has con-
tracted with City for use of such zone.
9401.2 Channels, Turning Basins, and Anchorage Areas
All dhannels, turning basins, anchorage areas, and pierhead
and bulkhead lines in Morro Bay shall be as established by the
Federal Government or by the City Council. A map thereof shall be
kept on file in the office of the City Clerk and the Director of
Public Works for public inspection.
9401.3 Duties of the Director of Public Works
It shall be the duty of the Director of Public Works to:
(a) Enforce all harbor regulations and ordinances.
(b) Order any vessel improperly anchored, moored, or berthed
in any area to change its position to such a one as he
• •
ORDINANCE NO. 119
Page Three
may designate and, in case his orders are not complied
with or the vessel is unattended, to cause such vessel
to be so moved, and to collect the cost thereof from
said vessel, or owner thereof.
(c) Promptly report to the appropriate Federal or State
agency any violation of the laws of the United States
or the State of California for the protection of navi-
gation and the preservation of navigable waters;
particularly any encroachment on the waterway by the
building of illegal structures, illegal dredging,
filling, or dumping of material of any sort into the
waterway, or throwing overboard or setting adrift or
allowing to be set adrift anything that is or might
become obstructive or dangerous to navigation.
9401.4 Stray Property
All stray vessels, skiffs, rowboats, dinghies, timber, or
any other personal property found in the water or on the shores of
Morro Bay or the Pacific Ocean within the City, not in the lawful
possession or control of some person, shall be immediately delivered
to the Director of Public Works. All such property shall be dealt
with as provided in the appropriate provisions of Sections 2080,
et seq., of the California Civil Code and Sections 510, et seq.,
of the Harbors and Navigation Code as the same now read or may
hereafter be amended. Proceeds of any sale of such property shall
be deposited in the General Fund of the City.
9401.5 Safety Restrictions - Races
For such time as necessary preceding, during, and after any
race, regatta, parade, or other event held on the waters of Morro
Bay, or at any other time when the Director of Public Works deems
it necessary for the safety of persons, vessels, or other property,
he shall have authority to restrict or prohibit waterborne traffic
in the harbor, and it shall be unlawful to willfully fail or re-
fuse to comply with any order, signal, or direction of said Director
of Public Works or his agents.
Article 2 - General Boating Regulations
9402.1 Speed Limit
No owner, operator, or person in command of any vessel, except
a public officer in the performance of emergency duty, shall operate
the same or permit the same to be operated in any portion of Morro
Bay within the City at a rate of speed in excess of five (5) miles
per hour or which creates a wake that may cause damage to moorings\
of vessels or floating structures, except as hereinafter provided.
9402.2 Boat Races, Regattas, Parades
The City Council may grant a special permit to hold a boat
race, regatta, or parade in the harbor or make temporary use of
a designated area in the harbor for a special event or activity in
which speed limits may be exceeded and normal traffic interrupted.
No permit shall authorize interference with normal harbor traffic
for a period exceeding four (4) hours in any twenty -four (24)
•
ORDINANCE NO. 119
Page Four
hour period....
As a condition of granting such permit, the City Council
shall require the permittee to provide liability insurance for
the full period of time for which the permit is granted in an
amount of not less than $100,000 for bodily injury to one (1)
person, $300,000 for bodily injury in any one (1) accident, and
$50,000 for property damage in any one (1) accident. The policy
providing such insurance must name the City of Morro Bay as
additional insured. A certificate evidencing that such insurance
is in force and will remain in force for the period of such
permit shall be filed with the City Clerk in a form approved by
the City Attorney before any such permit shall be effective.
The City Council may impose additional conditions as deemed
necessary to protect persons and property and to assure that the
activity will not create a nuisance or interfere with the reason-
able use of the harbor by other vessels. No such permit shall
be effective until it has been granted by the City Council.
9402.3 Boat Launching and Hauling
No person shall launch or remove any vessel other than surf-
boards, paddleboards, kayaks, canoes, dinghies or similar small
craft, from the water of Morro Bay over any public seawall, side-
walk, street end, or public property, except at public or private
locations where regular launching and hauling of vessels is con-
ducted or in areas designated and posted for such purpose by the
City.
9402.4 Damage to Property
No person shall willfully or carelessly destroy, damage,
disturb, deface, or interfere with any buoy, float, life preserver,
sign, notice, navigational marking, or other similar property
under the jurisdiction of the City or other governmental agency.
9402.5 Closed Areas
Whenever the Director of Public Works finds that public safety
so requires, he may designate any water area or tidelands or filled
lands as a closed area. Except for such public officers in the
performance of their duty, no person shall enter or remain within
or drive or operate any vessel or watercraft into or within any
area which has been so designated as a closed area and which has
been posted or marked with appropriate signs giving notice thereof.
9402.6 Board Vessel Without Permission
No person except a public officer in performance of his duties
shall climb into or upon any vessel moored, docked, or anchored
in Morro Bay without the consent of the owner or other person
having charge thereof.
9402.7 Tampering With Vessel
No person shall willfully injure or tamper with, or break
or remove any part of or from, any vessel in the City, or tamper
with the lines securing any such vessel, without the consent of
the owner or other person having charge thereof.
• •
ORDINANCE NO. 119
Page Five
9402.8 Tampering With Moorings
No person shall tamper with any mooring or anchorage in the
City, whether or not the same is occupied by a vessel.
9402.9 Landing of Aircraft
Except in an emergency, no person shall land on or take off
from the waters of Morro Bay with any aircraft.
9402.10 Propulsion Above Water Prohibited
No person shall operate any vessel in the waters of Morro Bay
which is operated by mechanical air propulsion or above the sur-
face of the water.
Article 3 - Pier and Docking Regulations
9403.1 Permission Required to Dock or to Make Fast to Other Vessel
No person having charge of any vessel shall make the same fast
to any pier in Morro Bay, or permit the same to remain at such
location after finishing loading or unloading such vessel, without
the consent of the owner, agent, or person in charge of any such
pier.
No person shall make fast any vessel to any other vessel
already occupying any pier, either public or private, without first
obtaining permission of the owner, agent, or person in charge of
said vessel, except at designated piers where it is legal to moor
two (2) or more abreast.
9403.2 Tying Up Vessel
Every vessel lying at any pier or other mooring facility of
the City of Morro Bay shall be fastened thereto in accordance with
good seamanship practices and in a manner described in the rules
and regulations governing such facility.
9403.3 Loading or Unloading Explosives
No person shall load or unload gun powder, giant powder,
dynamite, or any other explosive to or from any vessel from or
upon any pier or other vessel in Morro Bay without first obtaining
a permit so to do from the Director of Public Works and paying
therefor a fee of Twenty -five Dollars ($25.00), and otherwise
complying with all the rules and regulations governing the loading
and unloading of explosives.
9403.4 Defective Piers
Upon learning that any pier is in a defective or dangerous
condition, the Director of Public Works shall immediately so notify
the owner or other person having charge of the same in writing,
requiring such person or persons.to immediately repair it and to
put up barriers to prevent persons from going on the pier until
the defective or dangerous condition is corrected. If such person
shall fail or neglect to erect such a barrier or fails to correct
such dangerous or defective condition, then the Director of Public
• •
ORDINANCE NO.119
Page Six
Works may do so and the costs thereof shall be recovered from the
owner, agent, or lessee of such pier.
9403.5 Maintenance of Public Piers
Public piers and other harbor facilities may be maintained by
the City for the purpose of loading and unloading passengers,
supplies, boating gear, and for public fishing access and similar
purposes. It is the policy of the City to maintain such facilities
in a manner that will permit the greatest public use and avoid
continuous occupancy, congestion, or blocking thereof. Rules and
regulations for the use of public piers and docks shall be
established by resolution of the City Council.
9403.6 Obstruction of Facilities
No person shall intentionally obstruct the free access to and
departure from any portion of any public pier.
9403.7 Automobile's and Vehicles
No person shall drive any motor vehicles upon any public pier
except to discharge or load supplies or passengers to or from a
vessel or permit any motor vehicle to remain upon any such pier
except when actually engaged in discharging or loading such supplies
or passengers. Vehicles ready to load shall have preference over
those ready to discharge; and no person shall park or stop a
vehicle where it blocks the approach to any public pier.
Article 4 - Harbor Structures and Moorings
9404.1 Permit Required. Structures in Morro Bay
No person or agency shall build, maintain, extend, or make
structural alterations on any building, pier, piling, bulkhead,
seawall, reef, breakwater, mooring, or other structure in, upon,
or over the waters of Morro Bay or the Pacific Ocean or any other
water where the tide ebbs and flows within the City, or do any
filling, excavating, or dredging in said waters or Ocean, without
first obtaining a written permit to do so from the City in addition
to any other requirements provided by law.
9404.2 Application for Permit - Plans, Fee
(a) Application for Permit or Transfer. Application for
any permit or the transfer of any permit required by
this Chapter shall be made to the Director of Planning
and Building in writing on forms provided therefor.
The permit shall constitute an agreement by the permittee
to comply with all conditions imposed in the granting
of the permit.
(b) Plans. The application shall be accompanied by plans
and specifications setting forth in detail the work
to be done.
(c) Fee. Each application shall be accompanied by the
fee established by the City Council. Application fees
shall not be refundable by'the City to the applicant
whether or not the permit is granted.
•
ORDINANCE NO.119
Page Seven
(d) City Council. Prior approval of the City Council
shall be required when the structure for which a permit
is sought does not comply with this Ordinance and when:
(1) Approved bulkhead lines, pierhead lines, or
setback lines do not exist.
(2) The structure would affect a designated swimming
area.
(e) Conditions. In granting any such application, the
City Council may impose conditions in the permit which
it deems necessary to protect commerce, navigation,
or fishing, or the use, operation, or development of
Morro Bay.
(f) U. S. Corps of Engineers. Prior approval of the U. S.
Corps of Engineers will be required when:
(1) Work extends to areas seaward or lower than the mean
high higher water line.
(2) Solid filling, dredging, or any structure is to
be constructed in an area seaward or lower than the
high water line.
9404.3 Revocation of Permit
(a) Grounds of Revocation. Any permit heretofore or here-
after granted for any structure or work in the waters
of Morro Bay or the Pacific Ocean may be revoked by
the City Council upon any of the following grounds:
(1) The work or structure has become detrimental
to commerce, navigation, or fishing.
(2) The work or structure does not comply with the
permit or does not meet the standards adopted by
the City Council for such work or structure.
(3) The permittee has failed for a period of sixty
(60) days to pay the fee or fees heretofore or
hereafter imposed for the occupancy of tidelands
or submerged lands upon which such work or structure
exists.
(4) Notice and Hearing. Any such permit shall be
revoked only after a public hearing before the
City Council at which the permittee has an
opportunity to be heard. At least five (5)
days notice of such hearing shall be given in
writing by first class mail with postage prepaid,
addressed to the address of the permittee shown
on such permit, setting out the date, time, and
place of hearing. After such hearing, the City
Council may revoke or conditionally revoke any
such permit.
ORDINANCE NO. 119
Page Eight
9404.4 Structure Maintained Without Permit
Every structure maintained in or over the waters of Morro Bay
or the Pacific Ocean without a current valid permit existing there-
for when required by this Chapter, or maintained in a manner or for
a purpose other than or different from that provided in the permit,
shall constitute a nuisance and shall be immediately abated and
may be removed. If, upon written notice to remove any such structure,
the owner thereof fails, refuses, or neglects to do so within a
reasonable time specified in the notice, being not less than five
(5) nor more than thirty (30) days after such notice, the City shall
abate or remove it and the cost thereof may be recovered from the
owner of such structure.
Article 5 - Harbor Sanitation
9405.1 Discharge of Refuse
(a) No person shall discharge, or permit or allow any other
person on a vessel under his control or command to
discharge any human or animal excreta into the waters of
Morro Bay.
(b) No person shall throw, discharge, deposit, or leave or
cause, suffer, or permit to be thrown, discharged,
deposited, or left, either from the shore or from any pier
or vessel any refuse matter of - -any description, into the
navigable waters of Morro Bay or on the shore of Morro
Bay or any navigable water within the boundaries of the
City where the same may be washed into Morro Bay or such
navigable water, either by tides, or by floods, or
otherwise.
(c) No person shall place or allow vessels, boats, materials,
garbage, refuse, timber, or waste matter of any
description to remain on or -upon the shore lines of the
Pacific Ocean or on the shore lines of Morro Bay within
the City. The Director of Public Works may remove the
same with or without notice, at his option, and the
cost thereof may be recovered from any person owning
the same, or placing same or causing same to be placed
on the shore line.
9405.2 Discharge of Flammable Material
No person shall pump or discharge from any vessel or tank into
the waters of Morro Bay, oil, spirits, or any flammable liquid, or
deposit any rubbish, refuse matter, or articles of any offensive
character therein or upon any pier or street leading to such facility.
9405.3 Dead Animals
No person shall throw, place, or leave any dead animal, bird,
or putrefying matter into or in the waters of Morro Bay, or on or
along the shore thereof or the shore of any tidewater within the City.
9405.4 Live Bait Receivers, Defined
A live bait receiver is an object for confining live bait which
is afloat in the water of Morro Bay or the Pacific Ocean, either
ORDINANCE NO.119
"Page Nine
moored to a pier, bulkhead, or seawall, or moored by means of an
anchor or other weight to the bottom of the Bay or Ocean; provided,
however, that a live bait receiver shall not be deemed to be a
"structure" within the meaning of Article 4 of this Ordinance.
9405.5 Permit for Bait Receivers
No person shall install or operate within the waters of Morro
Bay or the Pacific Ocean any bait receiver without first obtaining
a permit therefor from the City Council. No permit shall be issued
until the design of the receiver is approved by the Director of
Public Works and the Building Official. All applications for permits
provided for herein shall be made to the Director of Public Works
and accompanied by plans showing the design of said receiver.
9405.6 Permits, Suspension or Revocation
A permit for a bait receiver shall be issued for an indeter-
minate period. Any permit for a live bait receiver shall be revoked
by the City Council if the receiver is in a state of disrepair, does
not comply with the requirements of this Chapter, has become a
source of pollution of the bay, or is a nuisance or becomes detri-
mental to persons or property in the vicinity. The permittee shall
be given written notice of the intention to revoke the permit at
the address shown on the permit not less than five (5) days before
the matter is to be considered by the City Council. Such notice
may be delivered to the permittee personally or by first class
mail with postage prepaid.
Article 6 - Moorings
9406.1 Anchorage and Mooring Regulations
It shall be a violation of this Article for the owner or any
other person having charge of any vessel to moor or anchor the same
within the waters of Morro Bay except within the areas and at the
place or places designated by the Director of Public Works. Any
vessel which is moored or anchored at a place not designated for
such vessel by the Director of Public Works shall, upon the demand
of the Director of Public Works, be forthwith moved to the place
or places designated therefor. In the designation of areas and the
place or places for the mooring or anchoring of vessels, the Director
of Public Works shall be governed by the needs of commerce, the
utilization of turning basins for the turning of vessels, the use
of channels for the moving and navigation of vessels, and the
economy of space. Rules and regulations governing the use of mooring
areas shall be established by resolution of the City Council. Moorings
shall be installed, maintained and inspected in accordance with
specifications established by City.
9406.2 Designation of Mooring and Anchorage Zones
The Director of Public Works shall create mooring zones within the
anchorage areas of the waters of Morro Bay as designated on U. S.
Maritime charts. The established anchorage areas, designated as A -1
and A -2, shall be divided into zones designated as A -1 -1 through A -1 -5
and A -2. Said zones shall be delineated on Exhibit A attached and made
a part hereof. Each zone shall be further divided into specific mooring
and /or anchorage locations by a grid to delineate specific mooring
• •
ORDINANCE NO.119
Page Ten
locations. Each mooring location shall be identified by an appro-
priate numbering system so as to rapidly and positively locate each
mooring. Mooring locations shall be arranged, insofar as practicable,
so as to locate vessels of similar size in the same area within each
mooring zone. The Director of Public Works shall prepare and main-
tain a map of mooring zones, the City designated anchorage area, and
specific mooring locations in the Harbor Office which shall be avail-
able to the Harbor Patrol and to the public for reference. Such map
shall be approved and adopted by resolution of the City Council.
9406.3 Marking of Moorings
The Director of Public Works shall establish color codes and
numbering markings for each zone and each mooring so as to clearly
differentiate zones and moorings within zones. Each mooring shall
be painted and numbered so as to be clearly visible from the water.
It shall be the responsibility of the Director of Public Works to
assure that mooring owners or operators maintain mooring markings-in
accordance with this section.
9406.4 Moorings - Policy
It shall be the policy of the City to lease a portion of Zone
A -1 -3 for use by the Morro Bay Yacht Club to serve transient vessels
and Zone A -1 -4 to a commercial mooring operator or operators for
installation and rental of individual moorings. Zones A -1 -1 through
A -1 -2 and Zone A -2 shall be reserved for the rental of specific
mooring locations to individuals and Zone A -1 -5 shall be reserved by
the City to provide an anchorage and /or mooring area for transient
vessels.
In the event that all the specific mooring locations in Zones
A -1 -3 or Zone A -1 -4 are not used by the Morro Bay Yacht Club or by
a commercial mooring operator or operators respectively, then the un-
used locations shall be retained by the City for rental of mooring space
to individuals.
The leasing of mooring zones by commercial mooring operators
shall be determined by bid in accordance with specifications and
conditions established by City. Mooring locations within the zone
or zones reserved for private individuals shall be rented on an in-
dividual basis by application to the Director of Public Works.
The lease or rental term for mooring zones or individual mooring
locations shall not exceed a total of five (5) years, which term may
be renewable at the option of City, provided that if the City at any
time requires the movement of the mooring zones, or movement of
individual mooring locations due to realignment of the navigable
channel, or to perform necessary dredging operations, then such lease
or rental term shall be terminated. In such case, the City may pro-
vide comparable mooring space for the duration of said lease or rental
term.
Installation, maintenance and inspection of moorings shall be in
accordance with and subject to City specifications and conditions. In-
stallation, maintenance and inspection costs shall be at the expense of
the commercial mooring operator, the Morro Bay Yacht Club or individual
mooring owner. Each mooring shall be inspected for general condition
and safety at a frequency and by a qualified person or persons as de-
termined by the Director of Public Works.
In the event a mooring owned, installed and maintained by an in-
dividual is abandoned or in the event that rental fees owed to City
are in arrears for sixty (60) days, then City, at its option,
•
ORDINANCE NO. 119
Page Eleven
may remove said mooring or may assume ownership of said mooring
thereafter. City may, at its option, maintain and rent such mooring.
9406.5 Unsafe or Unauthorized Mooring; Changing Position of Vessel
If any vessel arriving and anchoring, or being moored or fastened
to any wharf or other vessel within the water of Morro Bay shall be
so moored, secured, or placed as to be unsafe or dangerous to any other
vessel previously lying at anchor in said harbor, or moored or
fastened as aforesaid, or moored or placed in violation of any
provision of this Article, the Director of Public Works is hereby
authorized and directed forthwith to order and direct the position
of said vessel to be changed in such manner as to eliminate such
insecurity, danger, or violation of this Article, and the owner or
other person having charge of such vessel to be changed as directed
by the Director of Public Works, and upon the failure or refusal of
such owner or other person in charge of such vessel to change the
position or the securing of said vessel, as directed by the Director
of Public Works, or if said owner or other person in charge of such
vessel cannot be readily located, it shall be the duty of the Director
of Public Works forthwith to board such vessel with such assistance
as may be necessary and change the position or securing of such vessel,
and the expense of changing the position of such vessel or of arranging
the method of securing rigging thereon may be recovered from the owner
of such vessel by a suit in the name of the City of Morro Bay in any
court of competent jurisdiction.
9406.6 Making Fast to Moored Vessels
It shall be a violation of this Article for any person to make
fast or tie any vessel to a mooring occupied by another vessel, or to
make fast or tie to a vessel already occupying a mooring, except row
boats and yacht tenders regularly used by vessels for transportation
of persons or property to or from shore may be tied to any such mooring
or vessel.
9406.7 Obstruction to Navigation
It shall be a violation of this Article for any person to tie up
or anchor a vessel within the waters of Morro Bay in such a manner so
as to prevent or obstruct the passage of other vessels or voluntarily
or carelessly to sink or cause to be sunk any vessel in any channel or
to float loose timbers, logs, or piles in any channel in such a manner
as to obstruct, impede, or injure navigation, and whenever a vessel is
wrecked or sunk in Morro Bay, accidentally or otherwise, it shall be
the duty of the owner thereof immediately to mark it by a buoy during
the day and by a lighted lantern at night, and to maintain such markings
until the sunken vessel or obstruction is removed, and the neglect or
failure of such owner to do so shall be unlawful. The owner thereof
shall immediately commence the removal of said obstruction and pro-
secute the removal diligently to completion and any failure to do so
shall constitute an abandonment of such vessel. Whenever any navigable
water within the City limits of Morro Bay shall be obstructed or en-
dangered by any vessel or other obstruction, which obstruction or
danger has existed for a period of ten (10) days or longer, or whenever
the abandonment of a vessel or other obstruction can be legally es-
tablished in a less space of time, the vessel or other obstruction
shall be subject to be removed, sold, or otherwise disposed of by the
City of Morro Bay at its discretion without liability for any damage
to the owners of the same.
•
ORDINANCE NO. 119
Page Twelve
•
9406.8 Moorings Prohibited
Except as herein provided, it shall be a violation of this Article
for any person to place, erect, construct, or maintain any mooring or
buoy in the waters of Morro Bay which are within the corporate limits
of the City.
9406.9 Existing Privately- Owned Moorings
Within six (6) months following the effective date of this ordin-
ance, unless an extension not to exceed six (6) months is granted in
writing by the Director of Public Works, the owner of any private
mooring or buoy in the waters of Morro Bay within the corporate limits
of City shall comply with all provisions of this Article. Failure to
comply shall constitute a forfeiture of the privilege to use mooring
or buoy space.
9406.10 Mooring Fees
The owner or operator of every vessel using any mooring owned
by City shall pay to City a fee for such use as shall be established
by resolution of the City Council of City.
Article 7 - Dockage
9407.1 Dockage - Policy
It shall be the policy of the City of Morro Bay to rent or lease
all City facilities at docks, wharves, or piers primarily to those
vessels of a commercial nature, i.e., commercial fishing boats, com-
mercial abalone boats, etc. Rules and regulations governing the use
of City -owned docks, wharves, and piers shall be established by re-
solution of the City Council of City.
Article 8 - Special Use Areas
9408.1 Designation of Special Use Area - Violations
For the purposes of this Chapter, the City Council may, by re-
solution, designate Special Use Areas, and only those uses which are
set forth by said resolution shall be permitted in said areas at the
times designated and in the zones specified.
Within said Special Use Area it shall be unlawful:
(a) For any person, except a public officer in the performance
of his duty, to operate a motorboat or vessel at a speed
in excess of five (5) miles per hour or which creates
a wake that may cause damage to moorings of vessels or
floating structures, except that such greater speeds may
be permitted'in: such zoines'and during such hours as may
be designated by resolution of the City Council. The
speed, zone area, and hour shall be posted by the
Director of Public Works.
(b) For any person operating a vessel to tow any object,
structure, or vessel at a distance in excess of
seventy -five feet (75') astern of the towing vessel.
(c) For any person to operate a hydrofoil craft in excess of
five (5) nautical miles per hour.
(d) For any person to operate a motorboat in areas closed to
navigation and so posted, except a public officer in the
performance of his duty.
•
ORDINANCE NO. 119
Page Thirteen
•
9408.2 Speed Zone Regulations
In zones designated by the City Council by resolution as speed
zones within the Special Use Area, it shall be unlawful:
(a) For any person to operate a motorboat in other than
a counterclockwise traffic pattern, except when
specifically directed otherwise by a public officer
or employee engaged in the enforcement of State law or
local regulations.
(b)
For any person to operate a motorboat in excess of the
posted speed, except.a public officer in the performance
of his duty.
9408.3 Swimming Areas
In zones designated by the City Council by resolution as
swimming areas within the Special Use Area, it shall be unlawful:
(a) For any person to operate, drive, navigate, use, or
possess within, or take, drive, propel, or permit to drift
into a protected swimming area any vessel, surfboard,
skid board, skimmer board, ski, paddleboard, canoe or
similar object.
(1) There is excepted from the provisions of this
section the use of a surfboard, paddleboard, or
similar device, in that portion of any protected
swimming area which is designated a surfing area
during the hours surfing is permitted herein.
For any person to skin -dive, snorkel, or scuba -dive
for the purpose of spearing or catching fish by any
means whatsoever.
(b)
(c)
9408.4
Those
diving, or
within the
resolution
(a)
(b)
For any person to angle for fish by the use of baited
hooks or lures, spears, gigs, nets, traps, or other
means.
Skin Diving
activities generally described as skin - diving, scuba -
snorkeling shall be accomplished only in those areas
Special Use Area as designated by the City Council by
, and it shall be unlawful:
For any person engaged in skin - diving or related
activities to do so without displaying a diver's flag
or similar device to indicate the presence of the diver.
For any person to move or cause to be moved any buoy,
float, banner, or marker of any kind, placed at any
location within the specified Special Use Areas to
identify the presence of any skin or scuba diver
operating in the waters below said marker.
•
ORDINANCE NO.119
Page Fourteen
9408.5 Surfing
•
Surfing areas shall be designated by the City Council by
resolution, and it shall be unlawful:
(a) For any person to surf, paddle upon, or otherwise use a
surfboard as a means of transportation upon water areas
of this City outside of said designated areas.
Article 9 - Use of Houseboats or Vessels as Places of Abode
9409.1 Living Aboard Houseboat or Vessel
No person shall live aboard any houseboat or vessel or rent
or hold out for rent as a place of abode a houseboat or vessel
while such houseboat or vessel is anchored, moored, or docked at any
place on or in the waters of Morro Bay except for those persons
temporarily living aboard vessels for a period not to exceed a
total of thirty (30) days in any one calendar year.
Vessels shall be exempt from this section provided that the
following minimum requirements are met:
(a) An exemption permit is secured from the Director
of Public Works; and
(b) The domestic water supply, if connected to the City
system, is connected in accordance with the same
requirements as for a shore residence; and
(c) Effluent waste systems are disconnected and
sealed so that no discharge into the waters of
Morro Bay is possible; and
(d) Disposal of garbage, rubbish and other household
wastes is accomplished in the same manner as for
a shore residence; and
(e) Planning Commission approval has been obtained for
the exemption of this section.
The Director of Public Works shall be responsible for assuring
compliance with the foregoing requirements.
9409.2 Registration With Director of Public Works
All persons intending to live aboard or living aboard seagoing
vessels under the provisions of Section 9409.1 for more than three
(3) days shall register with the Director of Public Works, or his
designated representative prior to the period of intended occupancy
and all persons who have lived aboard a vessel for more than three
(3) consecutive days shall register with the Director of Public
Works or his designated representative by the fourth day of this
occupancy.
•
ORDINANCE NO. 119
Page Fifteen
Article 10 - Enforcement
9410.1 Harbor Patrolman
•
The Director of Public Works is authorized to designate and
utilize harbor patrolmen in the fulfillment of his duties as herein
enumerated. Such harbor patrolmen are charged with the duty of
enforcing all laws, ordinances, and regulations and all provisions
of same, affecting the waters of Morro Bay and said harbor patrolmen
are authorized to arrest, without a warrant, whenever there is
reasonable cause to believe that an act has occurred in their pre-
sence which is in violation of any law, ordinance or regulation
affecting the waters of Morro Bay. Pursuant to Penal Code Section
830.4 (10) the City does hereby enact and establish that said
harbor patrolmen are city employees and are not peace officers.
9410.2 Issuance of Citations
The following procedures are applicable to the issuance of a
citation, pursuant to the authority conferred by Section 9410.1,
to any person, including either adults or juveniles, suspected of
violation of the provisions of this ordinance.
The harbor patrolman issuing the citation shall prepare in
triplicate a written notice to appear in court and said notice shall
contain the name and address of the person cited, the offense charged,
and the time and place where and when such person shall appear in
court.
(a) Unless waived by the person cited, the time specified in
the notice to appear must be on a Thursday at least five
(5) days after such citation is issued.
(b) The place specified in the notice to appear shall be the
Justice Court of the judicial district within the county
in which the alleged violation has taken place.
(c) The harbor patrolman issuing the citation shall deliver
one copy of the notice to appear to the person cited, and
the person cited, in order to secure release, must give
his written promise to so appear by signing the original
notice. Thereupon the harbor patrolman issuing the
citation shall forthwith release the person cited. The
triplicate shall be retained by the harbor patrolman
issuing the citation.
(3) The harbor patrolman issuing the citation shall, as soon
as practicable, but in no event later than the date and
time written as the appearance date and time, cause the
original notice to be filed with the court specified in
(b) of this Section.
SECTION 2: This ordinance shall take effect thirty (30) days
after the date of its adoption, and prior to the expiration of
fifteen (15) days from the passage thereof shall be published once
in a newspaper of general circulation published and circulated in
the City of Morro Bay and shall thereafter be in full force and
effect.
• •
ORDINANCE NO.119
Page Sixteen
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said City Council held on the 28th day of
January , 1974, by the following roll call vote:
AYES: Councilmen Keiser, Jennings, Donohoo, and McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
WARDEN, .
N, City Clerk
r
DALE r
DALE C. MITC , Mayor
• •
INDEX TO HARBOR ORDINANCE
Article 1 - Definitions and Administration
Sections Page
9401.1 Definitions 1
9401.2 Channels, Turning Basins:,. and Anchorage Areas - - 2
9401.3 Duties of the Director of Public Works 2
9401.4 Stray Property 3
9401.5 Safety Restrictions - Races 3
Article 2 - General Boating Regulations
9402.1 Speed Limit 3
9402.2 Boat Races, Regattas, Parades 3
9402.3 Boat Launching and Hauling 4
9402.4 Damage to Property 4
9402.5 Closed Areas 4
9402.6 Board Vessel Without Permission 4
9402.7 Tampering With Vessel 4
9402.8 Tampering With Moorings 5
9402.9 Landing of Aircraft 5
9402.10 Propulsion Above Water Prohibited 5
Article 3 - Pier and Docking Regulations
9403.1 Permission Required to Dock or to Make Fast
to Other Vessel 5
9403.2 Tying Up Vessel 5
9403.3 Loading or Unloading Explosives 5
9403.4 Defective Piers 5
9403.5 Maintenance of Public Piers 6
9403.6 Obstruction of Facilities 6
9403.7 Automobiles and Vehicles 6
Article 4 - Harbor Structures and Moorings
9404.1 Permit Required. Structures in Morro Bay - - - - 6
9404.2 Application for Permit - Plans, Fee 6
9404.3 Revocation of Permit - 7
9404.4 Structure Maintained Without Permit 8
Article 5 - Harbor Sanitation
9405.1 Discharge of Refuse 8
9405.2 Discharge of Flammable Material 8
9405.3 Dead Animals 8
9405.4 Live Bait Receivers, Defined 8
9405.5 Permit for Bait Receivers 9
9405.6 Permits, Suspension or Revocation 9
Article 6 - Moorings
9406.1 Anchorage and Mooring Regulations 9
9406.2 Designation of Mooring and Anchorage Zones - - - 9
9406.3 Marking of Moorings 10
9406.4 Moorings - Policy 10
9406.5 Unsafe or Unauthorized Mooring; Changing
Position of Vessel 11
9406.6 Making Fast to Moored Vessels 11
9406.7 Obstruction to Navigation 11
9406.8 Moorings Prohibited 12
INDEX TO HARBOR ORDINANCE
Article 6 - Moorings (Cont.)
Sections Page
9406.9 Existing Privately -Owned Moorings 12
9406.10 Mooring Fees 12
Article 7 - Dockage
9407.1 Dockage - Policy 12
Article 8 - Special Use Areas
9408.1 Designation of Special Use Area - Violations - - 12
9408.2 Speed Zone Regulations 13
9408.3 Swimming Areas 13
9408.4 Skin Diving 13
9408.5 Surfing 14
Article 9 - Use of Houseboats or Vessels as Places of Abode
9409.1 Living Aboard Houseboat or Vessel 14
9409.2 Registration With Director of Public Works - - - 14
Article 10 - Enforcement
9410.1 Harbor Patrolman 15
9410.2 Issuance of Citiations 15