HomeMy WebLinkAboutApril 2008 - September 20092009
NO. TITLE ADOPTED
550 ORDINANCE i AMENDING
,0 VESSEL HABITATION
OF THE MORRO BAY MUNI[CIEPAL CODE 08-10-09
551 ORDINANCE AMENDING MORRO BAY MUNICIPAL
CODE CHAPTER 10.54 TO INCLUDE A NEW SECTION
10.54.065 REQUIRING ANY PERSON RIDING A
PERNIITTED COASTING DEVICE AT THE MORRO
BAY SKATE PARK TO WEAR A HELMET, ELBOW
PADS, AND KNEE PADS
08 -24 -09
552 ORDINANCE ADDING CHAPTER 14.65 TO THE
MORRO BAY MUNICIPAL CODE AND THEREBY
REQUIRING THE FIRE CHIEF TO DESIGNATE VERY
HIGH FIRE HAZARD SEVERITY ZONES AND THE
BUILDING OFFICIAL TO ENFORCE THE REQUIRE-
MENTS OF CHAPTER 7A AND CHAPTER 47, TITLE 24
CALIFORNIA CODE OF REGULATIONS 09 -14 -09
ORDINANCES
2009
NO. TITLE ADOPTED
544 VOID
545 ORDINANCE AMENDING MORRO BAY MUNICIPAL
CODE TITLE 5 BUSINESS LICENSES AND REGULATIONS,
CHAPTER 5.04, SECTION 5.04.160 DURATION OF
LICENSE, AND SECTION 5.04.260 FEE PAYMENT -
PRORATING 04 -13 -09
546 ORDINANCE ESTABLISHING THE MORRO BAY
TOURISM BUSINESS IMPROVEMENT DISTRICT,
FIXING THE BOUNDARIES THEREOF, AND
PROVIDING FOR THE LEVY OF A BUSINESS
ASSESSMENT TO BE PAID BY THE HOTEL
BUSINESSES IN SUCH DISTRICT 04 -27 -09
547 ORDINANCE ADDING SECTION 9.06 TO THE
MORRO BAY MUNICIPAL CODE PROHIBITING
THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES IN THE CITY OF MORRO BAY 04 -27 -09
548 ORDINANCE REPEALING, AMENDING, AND
REENACTING TITLE 10 (VEHICLES AND TRAFFIC)
OF THE MORRO BAY MUNICIPAL CODE 05 -26 -09
549 EXTENSION OF AN INTERIM URGENCY
ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MORRO BAY ESTABLISHING
A TEMPORARY MORATORIUM ON THE
ACCEPTANCE, PROCESSING AND APPROVAL OF
APPLICATIONS AND PERMITS TO CONSTRUCT,
MODIFY OR PLACE WIRELESS COMMUNICATIONS
FACILITIES PENDING COMPLETION OF STUDIES
AND THE PREPARATION OF AN UPDATE TO THE
CITY'S ZONING ORDINANCE CODE 05 -26 -09
ORDINANCES
2008
NO, TITLE ADOPTED
542 EXTENSION OF AN INTERIM URGENCY
ORDINANCE ESTABLISHING A TEMPORARY
MORATORIUM ON THE ACCEPTANCE,
PROCESSING AND APPROVAL OF APPLICATIONS
AND PERMITS TO CONTRUCT, MODIFY OR
PLACE WIRELESS COMMUNICATIONS
FACILITIES PENDING COMPLETION OF
STUDIES AND THE PREPARATION OF AN
UPDATE TO THE CITY'S ZONING ORDINANCE
CODE 07 -14 -08
543 EXTENSION OF AN INTERIM URGENCY
MODIFYING THE DEVELOPMENT REVIEW
FOR PARCELS IN THE R -1 DISTRICT ZONE
THAT EXCEED 2,500 SQUARE FEET PENDING
COMPLETION OF STUDIES AND THE
PREPARATION OF AN UPDATE TO THE
CITY'S ZONING CODE 09 -22 -08
mm
NO, TITLE ADOPTED
537 ORDINANCE AUTHORIZING AMENDMENT
TO THE CONTRACT BETWEEN THE CITY
AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA, PUBLIC EMPLOYEE'S
RETIREMENT SYSTEM (4TH LEVEL SURVIVOR
BENEFIT FOR POLICE MEMBERS) 04 -14 -08
538 ORDINANCE AMENDING SECTION 14.60.200
OF THE MORRO BAY MUNICIPAL CODE
REGULATING AUTOMATIC FIRE
SPRINKLER SYSTEMS 05 -12 -08
539 ORDINANCE ANNOUNCING FINDINGS
AMENDING CHAPTER 16 OF THE MORRO
BAY MUNCIPICAL CODE - SUBDIVISION
REGULATIONS 05 -27 -08
540 ORDINANCE ADDING CHAPTER 13.18 TO
THE MORRO BAY MUNICIPAL CODE TO
PROVIDE FOR THE REGULATION OF
EQUIPMENT OR FACILITIES IN RIGHTS -
05 -27 -08
OF -WAY
541 URGENCY INTERIM ORDINANCE ESTABLISHING
A TEMPORARY MORATORIUM ON THE
ACCEPTANCE, PROCESSING AND APPROVAL
OF APPLICATIONS AND PERMITS TO
CONSTRUCT, MODIFY OR PLACE WIRELESS
COMMUNICATIONS FACILITIES PENDING
COMPLETION OF STUDIES AND THE
PREPARATION OF AN UPDATE TO THE CITY'S
ZONING ORDINANCE CODE 06 -09 -08
(-s'
ORDINANCE NO. 552
AN ORDINANCE OF THE CITY OF MORRO BAY ADDING CHAPTER 14.65
TO THE MORRO BAY MUNICIPAL CODE AND THEREBY REQUIRING THE
FIRE CHIEF TO DESIGNATE VERY HIGH FIRE HAZARD SEVERITY ZONES
AND THE BUILDING OFFICIAL TO ENFORCE THE REQUIREMENTS OF
CHAPTER 7A AND CHAPTER 47, TITLE 24 CALIFORNIA CODE OF
REGULATIONS.
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, wildland properties bordering urban areas of the City of Morro Bay
present a fire threat: and
WHEREAS, the City of Morro Bay must limit the threat of fire moving into the
community from wildland urban interface areas and provide authority for identifying fire
hazard zones and enforcement in order to reduce the threat of property and life loss due to
fire; and
WHEREAS, Government Code Sections 51178 and 51181 define the CAL FIRE
Director's responsibility to identify very high fire hazard severity zones, transmit this
information to local agencies, and to periodically review the recommendations; and
WHEREAS, Government Code Section 51178.5 and 51179 defines the local
agency's responsibility to make the recommendations available for public review and to
designate, by ordinance, authority for identifying very high fire hazard severity zones in
its jurisdiction; and
WHEREAS, CAL FIRE has provided an updated Very High Fire Hazard Zone In
LRA map indicating that only Cerro Cabrillo should receive the very high fire hazard
severity zone designation; and
WHEREAS, the City of Morro Bay has constitutional authority to adopt local
fire hazard severity zones and identify other wildland urban interface areas within the
local jurisdiction with support of substantial evidence; and
NOW, THEREFORE, the City Council of the City of Morro Bay amends the
City of Morro Bay Municipal Code and ordains a new chapter as follows:
Ordinance No. 552
Page Two
Chapter 14.65 Fire Hazard Severity Zones
14.65.010 Purpose and Intent
The purpose of this chapter is to provide authority for the identification of local
fire hazard severity zones and provide authority for enforcement of state and local codes
in these zones. The intent of this chapter is to reduce the potential for fire losses by
providing minimum requirements for the protection of properties constructed in Very
High Hazard Severity Zones and other wildland/urban interface areas designated by the
Fire Chief and supported by substantial evidence.
14.65.020 The Fire Chief is hereby authorized to designate Very High Fire Hazard
Severity Zones within 120 days of receiving recommendations from the California
Department of Forestry and Fire Protection.
14.65.030 The Fire Chief may designate areas not identified as Very High Fire Hazard
Severity Zones by the California Department of Forestry and Fire Protection following a
finding supported by substantial evidence in the record that the requirements for Very
High Fire Hazard Severity Zones are necessary for effective fire protection within the
area(s).
14.65.040 The Fire Chief may decline to designate areas identified by the California
Department of Forestry and Fire Protection as Very High Fire Hazard Severity Zones
following a finding supported by substantial evidence in the record that the requirements
for Very High Fire Hazard Severity Zones are not necessary for effective fire protection
with the area(s).
14.65.050 "Supported by substantial evidence in the record" shall require the City
Council to hold a public hearing and make findings that there is competent substantial
evidence in the record to support the Fire Chief's designation as Fire Hazard Areas.
14.65.060 The Building Official shall enforce the provisions of Chapter 7A and Chapter
47, Title 24 California Code of Regulations, in all Very High Fire Hazard Severity Zones
and other areas designated by the Fire Chief and supported by substantial evidence in the
record.
14.65.070 All submittals for subdivision, entitlement, or building permits shall
demonstrate that the proposed project allows for compliance with the provisions of
Government Code Section 51182 and Public Resource Code Section 4291, except where
otherwise allowed by law, to the satisfaction of the Fire Chief and the Building Official.
Ordinance No. 552
Page Three
This Ordinance shall take effect and be in force thirty (30) days from the date of
its passage, and before the expiration of fifteen (15) days after its passage, it, or a
summary of it, shall be published once, with the names of the City Council members
voting for and against the same, in a newspaper of general circulation published in the
City of Morro Bay.
e
INTRODUCED at a regular meeting the of the City Council of Morro Bay, h
on the 24th day of August, 2009 by motion of Councilmember Grantham, seconded
Councilmember Winholtz.
VIASSED AND ADOPTED on the 14tb day of September 2009, by the following
om
AYES: Borchard, Grantham, Smukler, Winholtz, Peters
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F.-VIUMM
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ROBERT SCHULT City Attorney
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AN ORDINANCE OF THE CITY OF MORRO BAY, CALIFORNIA
REQUIRING ANY PERSON RIDING A PERMITTED COASTING DEVICE AT
MORRO BAY SKATEBOARD PARK TO WEAR A HELMET, ELBOW PADS,
AND KNEE PADS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay owns and operates a skateboard park
available for the use by the public at the Morro Bay Teen Center; and
WHEREAS, the City of Morro Bay lacks the financial resources to provide staff
supervision of the use of the skateboard park during its hours of operation; and
WHEREAS, California Health and Safety Code Section 115800 prohibits any
operator of a skateboard park from permitting any person to ride a skateboard in its
skateboard park unless that person is wearing a helmet, elbow pads, and knee pads; and
WHEREAS, Section 115800 allows cities operating unsupervised facilities to
comply with their obligation to enforce the helmet, elbow pads, and knee pads
requirement by adopting an ordinance requiring the use of such safety equipment and
posting of signage advising users of the safety requirements.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That new Section 10.54.065 of the Morro Bay Municipal Code is
hereby added and shall be coded and found to read as follows:
10.54.065 Rules and regulations applicable to the Morro Bay Skate Park.
A. It shall be unlawful and a violation of this section for any person to engage in,
or for any adult responsible for the supervision of a minor child to permit a minor child to
engage in, any activity prohibited under this section.
B. The Morro Bay Skate Park is an unsupervised facility. Riding or otherwise
using a skateboard or any other permitted coasting device in the skate park, or entering
into the skate park for the purpose of engaging in such activity, without wearing a helmet,
elbow pads, and knee pads is prohibited.
C. Use or occupation of the skate park during non -open hours is prohibited and
constitutes trespassing.
D, Use of alcoholic beverages, tobacco, and/or drugs at the skate park is strictly
prohibited.
E, The use • coasting devices, including skateboards and in-line skates, is
considered a hazardous recreational activity that creates a substantial risk of serious
injury or death to participants, those assisting participants, and spectators of such
activities. All users of the skate park voluntarily assume the risk of serious injury or
death in use of the skate park facility.
SECTION 2. P orro Bay Skate Park becoming an unsupervised facility, t
City shall cause signs to be posted at the Skate Park at 231 Atascadero Road providi
notice that any person riding permitted coasting devices in the facility must wear
helmet, elbow pads, and knee pads and that any person failing to do so will be subject
citation and/or prosecution pursuant to Morro Bay Municipal Code Section 10.54.070. 1
INTRODUCED at a regular meeting the of the City Council of Morro Bay, held
*n the 10th day of August, 2009 by motion of Councilmember Grantham, seconded by
Councilmember Winholtz.
1111111111111 � � I I 11��!
i I'll 0 =00=1
rity Attorney
ATTACHMENT 1
14.54.014
Chapter 10.54
SKATEBOARDING AND ROLLERSKATING REGULATIONS
Sections:
10.54.010
Definitions.
10.54.020
Restrictions on public property.
10.54.030
Restrictions on private property.
10.54.040
Posting of restrictions.
10 54.050
Application of foreign substance.
10.54.060
Reckless skateboarding and rollerskating.
10.54.070
Violations and penalties.
10.54.010 Definitions.
For the purposes of this chapter the words set out in this section are defined as follows:
"Rollerskate" includes any form of device worn on the feet with wheels or rollers, for use on
a sidewalk or other surface offering traction and includes those devices commonly known as in -line
skates or rollerblades.
"Skateboard" includes but is not limited to all board -like devices, coasters, scooters, toys,
conveyances or other similar device with wheels, and which is used for transportation or sport, and
is propelled by human power as the user rides or stands upon the device and which is not classified
as a bicycle in this code. (Ord. 448 (part), 1996)
1054.020 Restrictions on public property.
Skateboarding and rollerskating shall be prohibited on any public street, sidewalk, parking lot
or other public property when such area is prohibited or restricted by resolution of the city council.
(Ord. 448 (part), 1996)
10.54.030 Restrictions on private property.
Skateboarding and rollerskating shall be prohibited on any private property when the owner
or person in charge of the property has posted an appropriate sign restricting or prohibiting such use.
(Ord. 448 (part), 1996)
10.54.040 Posting of restrictions.
Upon resolution of the city council, in regards to public property, or action by the owner or
person in charge of private property, an appropriate sign shall be posted that identifies the restricted
or prohibited activity and the appropriate code section. The sign shall be of sufficient size so as to
be easily visible and located at each obvious entrance to the property. In regards to public property,
the director of public works shall erect and maintain the signs as provided by law. (Ord. 448 (part),
1996)
10.54.050 Application of foreign substance.
It is unlawful for any person to apply any foreign substance, including wax, oil or other similar
material, either as a. solid or a liquid, on to or remove any non -slip material from any curb, stair,
railing, ramp, sidewalk, bench or other abutment for the purpose of aiding any stunt, turn or other
acrobatic action while riding a skateboard or rollerskates. Such application is prohibited from any
public or private property without notice. (Ord. 448 (part), 1996)
10.54.060 Reckless skateboarding and rollerskating.
No person shall use or operate any skateboard or rollerskate on any public or private property
in such a negligent and/or reckless manner with disregard for the safety of persons or property, and/or
interfere with the orderly flow and right -of -way of vehicular traffic in such a manner as to be a hazard
210 -1 (Morro say 9-97)
10.54.060
to pedestrians, vehicular traffic, the skateboarder /rollerskater themselves, or any other persons. (Ord.
448 (part), 1996)
1054.070 Violations and penalties.
Any person violating any section of the chapter is guilty of an infraction, punishable by:
A. A fine not exceeding fifty dollars for first violation;
B. A fine not exceeding one hundred dollars for a second offense of this chapter within one
year;
C. A fine not to exceed two hundred fifty dollars for each subsequent violation of this chapter
within one year. (Ord. 448 (part), 1996)
(M— MW a-M 210-2
ATTACHMENT 2
California Health and Safety code®
115Soo.
(a) No operator of a skateboard park shall permit any person to ride a
skateboard therein, unless that person is wearing a helmet, elbow
pads, and knee pads.
(b) With respect to any facility, owned or operated by a local public
agency, that is designed and maintained for the purpose of
recreational skateboard use, and that is not supervised on a regular
basis, the requirements of subdivision (a) may be satisfied by
compliance with the following: (1) Adoption by the local public
agency of an ordinance requiring any person riding a skateboard at
the facility to wear a helmet, elbow pads, and knee pads. (2) The
posting of signs at the facility affording reasonable notice that any
person riding a skateboard in the facility must wear a helmet, elbow
pads, and knee pads, and that any person failing to do so will be
subject to citation under the ordinance required by paragraph (1).
(c) "Local public agency" for purposes of this section includes, but is
not limited to, a city, county, or city and county. (d) (1) Skateboarding
at any facility or park owned or operated by a public entity as a public
skateboard park, as provided in paragraph (3), shall be deemed a
hazardous recreational activity.
'04 5 o -
ORDINANCE NO. 550
AN ORDINANCE OF THE CITY OF MORRO BAY
REPEALING, AMENDING, AND REENACTING
CHAPTER 15.40 VESSEL HABITATION OF THE
MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, certain parts of the current Section 15.40, Vessel Habitation, of the Morro
Bay Municipal Code dates back to 1993 and needed to be clarified; and,
WHEREAS, for the purpose of providing a clear outline of Vessel Habitation rules and
regulations, the City of Morro Bay desires to repeal its Chapter 15.40, Vessel Habitation to
reenact Chapter 15.40 as contained herein; and
WHEREAS, City Staff under direction from the City Council, brought the item to the
Harbor Advisory Board in September 2008 and the Harbor Advisory Board then set up a
subcommittee in October 2008 to discuss and recommend amendments to Chapter 15.40; and,
WHEREAS, following several public meetings the subcommittee presented the revised
draft Chapter 15.40 to the Harbor Advisory Board its Board meeting on April 2, 2009 for review
and comment; and
WHEREAS, the Harbor Advisory Board provided staff with direction to bring the
recommended changes to Chapter, 15.40 before the City Council; and,
WHEREAS, a public hearing was held on July 13, 2009, for consideration of this
Ordinance and appropriate public notices were given, and the City Council adopted for first
reading the attached revisions to Chapter 15.40, Vessel Habitation of the Morro Bay Municipal
Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
DOES HEREBY ORDAIN AS FOLLOWS:
Section 15.40 of the Morro Bay Municipal Code is hereby repealed, amended, and
reenacted to read as follows:
CHAPTER 15.40:
. , 1
Sections:
15.40.010 Purpose.
15.40.020 Definitions
15.40.030 Permit Required
15.40.040 Permit Issuance
15.40.050 Termination/revocation of permit.
15.40.060 Transferability of liveaboard permit.
15.40.070 Temporary leaves — Retention of permit.
15.40.080 Occupancy by nonowner.
15.40.090 Use of pumpout facilities.
15.40.110 Applicability of chapter.
15.40.120. Fees
Section 15.40.010 PURPOSE: To regulate liveaboard use on tidelands granted to the
City of Morro Bay by the State Lands Commission for public health and safety.
Section 15.40.020 DEFINITIONS:
For the purposes of this chapter the following definitions shall apply:
A. Morro Bay Harbor: For the purposes of this chapter, Morro Bay Harbor
shall be the tidelands and submerged lands granted to the City of Morro Bay as successor
to the county of San Luis Obispo under Chapter 1076 Statutes of 1947 of the State of
California.
B. Liveaboard - Individual(s) and or Vessel(s):
1. A liveaboard is defined as any person(s) who uses a vessel as a residence and/or
is occupying that vessel for four or more days or nights within any seven day period
engaging in those usual and customary activities associated with a person's residence or
abode such as, but not limited to, sleeping and preparation of meals. This definition will
also include any individual using a vessel for four or more days or nights within any
seven -day period as a place of business, professional location or other commercial
enterprise, as evidenced by a business license, when transportation is a secondary or
subsidiary use.
2. A liveaboard vessel is any vessel, which is moored in Morro Bay Harbor for more
than 60 days in any 12 -month period and is occupied by a liveaboard. Liveaboard vessels
shall be considered single- family residences for purposes of health, safety, welfare and
public nuisances and shall at no time house such number of persons so as to create a
public nuisance or to be detrimental to the health, safety and welfare of others.
C. Harbor Director: Shall mean the Harbor Director or his /her designate.
D. Off -Shore Mooring: Off -shore mooring means any site where a vessel is
secured within Morro Bay Harbor, which is not directly connected to the shore or land by
means of a dock, pier, float or other structure providing direct access from the vessel to
the land or shore.
E. Shore -Side Mooring: Shore -side mooring means any site where a vessel is
secured within Morro Bay Harbor, which is directly connected to the shore or land by
means of a dock, pier, float or other structure providing direct access from the vessel to
the land or shore.
F. Sewage: Sewage means that portion of the wastewater from toilets or any
other receptacles containing human or animal excreta and urine, commonly known as
blackwater.
G. Sewage Holding Tank: Sewage holding tank means a permanently installed
receptacle on a vessel, which is used to retain sewage.
H. Sewage Pump -Out: Sewage pump -out means a mechanical device that is
temporarily connected to a vessel for the purpose of removing sewage from its holding
tank.
L Adequate Vessel Sanitation Facility: An adequate vessel sanitation facility
means an operational Marine Sanitation Device or portable toilet approved by the United
States Coast Guard as suitable to prevent direct discharge of human waste into Morro
Bay Harbor.
15.40.030 PERMIT REQUIRED: It shall be unlawful for any person to occupy or own
a liveaboard vessel within Morro Bay Harbor unless the vessel has been permitted under
this chapter.
A. Liveaboard Vessel - Permit Application and Fees
An application for liveaboard permit shall be filed with the Harbor Director upon forms
provided by the City. The permit is valid for two fiscal years, including the year issued,
and may be renewable after payment of the biennial renewal and inspection and
completion of the required biennial re- inspection. The Harbor Director shall have the
discretion to provide applicants a six -month extension of their existing permit to
complete inspection requirements of the vessel. An applicant must provide a written
request to the Harbor Director for the six -month re- inspection including an explanation of
why the extension is needed. Should any existing liveaboard permittee not complete the
permitting process and obtain a new valid liveaboard permit within this six -month
extension period, the permit will expire Applications shall be filled out completely and
submitted with the required non - refundable fees. Fees shall be paid as set and established
in the City Master Fee Schedule.
B. General Restrictions for Issuance: Liveaboard vessels are prohibited from
the City T- Piers. Permits will not be granted for vessels or floating structures such as
houseboats, barges, floating homes or other such vessels or floating structures not
specifically designed for or not safely capable of navigating ocean waters under their own
power. An exception for work barges actively engaged in construction activity in Morro
Bay Harbor may be made by the Harbor Director.
15.40.040 PERMIT ISSUANCE
A. Issuance of a Liveaboard Permit: Upon receipt of the original Liveaboard
Permit Application, or any renewal thereof, the Harbor Director shall notify applicant that
the applicant must make arrangements within a specified period with the Harbor
Department to have the Liveaboard vessel, under its own power, make way to the Harbor
Patrol docks or other facility designated by the Harbor Patrol to submit to an inspection
to insure the liveaboard vessel is in compliance with the conditions of this Ordinance.
The inspection shall be accomplished by a City of Morro Bay Harbor Patrol Officer or a
qualified marine surveyor acceptable to the City provided that if applicant chooses to
have an inspection completed by a marine surveyor, then applicant will bear all costs
thereof and provide City a copy of the inspection report. Conditions for issuance of a
liveaboard permit are as follows:
1. Vessels to be used for liveaboard purposes must be in good material condition not
likely to sink or become a menace to navigation and to be of a design suitable for
operation on the waters of the Pacific Ocean. All vessels must be currently registered or
documented.
2. All liveaboard vessels are required to have adequate vessel sanitation facilities on
board.
3. The proposed liveaboard individual and the vessel to be used for liveaboard
purposes must be in compliance with all sections and provisions of this ordinance.
4. Liveaboard vessels must have on board a working VHF marine radio with
minimum channels of 12 & 16, or have a functioning telephone.
5. The individual(s) submitting the application must be the owner of the vessel and
shall Liveaboard the vessel during any Liveaboard use thereof except that paid crew
member /s of qualified commercial fishing vessels may liveaboard without the vessel
owner and may receive liveaboard permits with the vessel owner's consent. No permit
will be issued in the name of a partnership (general or limited), corporation, joint venture
or other legal entity. A permit for a vessel which is registered, documented or owned by
a partnership (general or limited), corporation, joint venture or other legal entity will be
issued only to a natural person whose interest in the vessel (whether by virtue of an
interest in the partnership, ownership or stock or a corporation or otherwise) is equal to or
greater than that of each of the other partners, stockholders, members or associates. An
applicant for a permit in Morro Bay for a vessel which is owned by a partnership (general
or limited), corporation, joint venture, or other legal entity shall submit for approval by
the Harbor Director, a valid Certificate of Ownership or valid Marine Document.
Notwithstanding the form of ownership of the vessel, the permit to liveaboard the same
within the City of Morro Bay shall not be transferable under any circumstances. If a
permittee fails or refuses to notify the Harbor Director of a change to any of the
information contained in the liveaboard permit application within five (5) days from the
date of any such change, such failure or refusal shall constitute grounds for revocation of
the permit.
6. The liveaboard vessel must have a safe and legal berthing location in Morro Bay
Harbor other than the Al -5 anchorage area or the City T- Piers.
7. The permit will be valid for two fiscal years and the applicant must meet the
requirements for permit issuance biennially thereafter or the Harbor Director shall not
reissue the liveaboard permit. Liveaboard vessels which are not in Morro Bay Harbor as
provided for in Section 15.040.070 shall not have to meet requirements for permit
reissuance until the vessel returns to Morro Bay Harbor.
8. The permit will be issued for the vessel, and will state the specific names of the
liveaboards authorized to occupy the vessel.
9. No more than 50 liveaboard permits may be issued at any time. City will not
maintain a liveaboard permit waiting list unless 50 permits are issued and additional
individuals desire to apply for liveaboard permits.
15. 040.050 TERMINATION/REVOCATION OF PERMIT:
A. Conditions for Termination/Revocation: Liveaboard permits may be
revoked for the following reasons:
Discharge of sewage.
2. Violation of any section of this Ordinance not specifically listed in this Section,
15.040.050 A, for a period in excess of 30 days after having been notified to correct the
violation. Notice of violation shall be given by First Class mail or personal service or by
attachment of said notice in a conspicuous location on the vessel or any combination of
the above. Proof of correction of any violation shall be deemed to be the obligation of
the permittee, or liveaboard, and shall be to the satisfaction of the Harbor Director,
3. If twice in any 12 month period the permittee has been found in violation of the
terms of this ordinance, it shall be evidence of non - compliance with the intent of this
ordinance to maintain an orderly harbor operation and shall constitute grounds for
revocation of the permit.
4. In the event that City policy concerning the number of liveaboard permits issued
shall change and the number of liveaboard permits shall be reduced, notice of revocation
of liveaboard permits shall be given by First Class mail or personal service or by
attachment of said notice in a conspicuous location on the vessel or any combination of
the above. Since this will require relocation of a personal residence, 60 days notice of
termination of the liveaboard permit will be given in this situation. This shall also
include requirements established by other agencies whose jurisdiction may be imposed
upon the City of Morro Bay. In the event terms and or conditions of maintaining a
liveaboard permit are modified by the City Council, then those persons holding current
liveaboard permits shall have a period of 60 days after adoption of said modifications in
which to fully comply with such new regulations. Those permittees with the shortest
tenure as a permitted liveaboard will be the first to receive such notice.
5. In the event that the liveaboard permit holder moves from the area or no longer
resides on the vessel for minimum time periods required or voluntarily terminates
liveaboard status.
6. Non- payment of fees associated with liveaboard permit or vessel associated with
liveaboard permit, service charges, dockage charges or other fees due to the City of
Morro Bay for a period in excess of 10 days after written notice. Notice shall be given as
described in Section 15.040.050 A. 2. above.
B. Termination/Revocation Procedure: Upon determining that grounds for
revocation of a permit exist, the Harbor Director shall give written notice of intent to
revoke (including the grounds thereof) to the permit holder by First Class Mail, personal
delivery, by attachment in a conspicuous location on the vessel or any combination of the
above, or if the permit holder cannot be located with reasonable effort such notice shall
be given to any person aboard the vessel. The revocation shall be effective fifteen (15)
days following the giving of such notice except as provided below.
1. Appeal: A decision by the Harbor Director to terminate or revoke a liveaboard
permit pursuant to this Section shall be appealable to the Harbor Advisory Board. Any
such appeal must be filed in writing with the Harbor Director within ten (10) days of the
date of notice of revocation. The revocation shall be stayed while the appeal is pending,
unless it is determined by the Harbor Director that immediate cessation of overnight
occupancy of the vessel is necessary for the preservation of the public peace, health or
safety. The appeal shall be filed in writing and shall specify all of the grounds for the
appeal. The Harbor Advisory Board shall provide the permit holder an opportunity to
present evidence on his behalf and to challenge the determination of the Harbor Director.
Formal rules of evidence or procedure need not be followed. If the Harbor Advisory
Board is unable to approve any formal motion regarding the appeal after two (2) publicly
held hearings on the appeal then the revocation shall become effective three days
following the second public meeting. If the appeal is denied revocation shall become
effective three (3) days following the Harbor Advisory Board's decision.
15.40.060 TRANSFERABILITY OF LIVEABOARD PERMIT: No transfer of
liveaboard permits between individuals is allowed. Under no circumstances will the sale
of a vessel or any interest therein maintain any associated liveaboard permit with the
vessel for the benefit of the new owner or interested parry. Should a new owner or
interested party wish to liveaboard a vessel purchased from a prior liveaboard permittee,
said parry must apply for a new liveaboard permit for the vessel in their name.
In the event that a permitted liveaboard shall purchase a new vessel, they may retain their
liveaboard permit and level of seniority providing that the new vessel is inspected within
60 days and that the inspection fee is paid for the new vessel.
15.40.070 TEMPORARY LEAVES, RETENTION OF PERMIT: Absence of either
the vessel, the permit holder or both from Morro Bay harbor or failure to maintain
residency aboard the vessel shall result in revocation of the liveaboard permit. The
liveaboard permit may be retained up to five years without meeting these minimum
residency requirements provided that:
A. All fees are kept current.
B. The absence has been requested in writing and approved by the Harbor
Director in advance of absence; or if the absence is related to vessels of a commercial
nature actively fishing in areas away from Morro Bay.
15.40.080 OCCUPANCY BY NON - OWNER:
Rental or subleases of vessels resulting in liveaboard uses are prohibited. 'Boat sitting ",
caretaking, maintenance or any other activity related to vessels resulting in liveaboard use
either for compensation or no compensation is prohibited. Only the person(s) named on
the application for liveaboard permit or as amended and approved are permitted to reside
on the vessel.
15.40.090 USE OF PUMPOUT FACILITIES: Permittees shall use pumpout facilities
on a regular basis or otherwise discharge greywater, human waste and sewage in a legal
manner.
15.040.100 ENFORCEMENT
The Harbor Director shall be responsible for enforcing the provisions of this chapter.
Enforcement guidelines shall be developed and made available to the public at the Harbor
Office.
15.040.110 APPLICABILITY OF ORDINANCE: This ordinance shall not apply to
vessels in the State Park Marina or any vessels berthed outside the City of Morro Bay
limits.
This Ordinance shall take effect and be in force thirty (30) days from the date •
its passage, and before the expiration • fifteen (15) days after its passage, it, or a
summary of it, shall be published once, with the names of the City Council members
voting for and against the same, in a newspaper of general circulation published in the
City of Morro Bay.
INTRODUCED at a regular meeting of the City Council of the City of Morro
F-'.--',ay held on the 13th of July 2009, by motion of Councilmember Grantham and seconded-
by Councilmember Borchard.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Morro Bay on the 10th day of August, 2009 by the following vote:
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ORDINANCE NO. 549
EXTENSION OF AN INTERIM URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE,
PROCESSING AND APPROVAL OF APPLICATIONS AND PERMITS TO
CONSTRUCT, MODIFY OR PLACE WIRELESS COMMUNICATIONS
FACILITIES PENDING COMPLETION OF STUDIES AND THE PREPARATION
OF AN UPDATE TO THE CITY' S ZONING ORDINANCE CODE
WHEREAS, Government Code Section 65858 allows a City, without following the procedures
otherwise required prior to adoption of a zoning ordinance, to adopt, as an urgency measure, an interim
ordinance prohibiting any uses which may be in conflict with contemplated general plan, specific plan,
or zoning proposals which the legislative body, Planning Commission, or Planning Department is
intending to study within a reasonable time; and
WHEREAS, the City of Morro Bay is in the process of a comprehensive update and
amendments to the City's Zoning Ordinance, which amendments are currently pending review by the
California Coastal Commission; and
WHEREAS, until such time that the Coastal Commission concludes its review and the City
adopts and institutes new land use regulations governing permit applications for the construction,
modification, or placement of wireless communications facilities, the community is in jeopardy that
wireless communications facilities could be constructed, modified, or placed prior to the imposition of
new regulations necessary for the protection of the public health and welfare; and
WHEREAS, the City Council finds and determines that the approval of pending or new
applications for wireless communications facilities during the Moratorium period, in which possible
amendments to the Zoning Ordinance are being studied, could result in conflicts with any proposed
amendments and would undermine the purpose of studying such amendments, thereby reducing the
quality of life within the community to the extent that the overall public health, safety and welfare are
detrimentally affected; and
WHEREAS, the City's current wireless communications facilities regulations are deficient in
several areas which resulted in litigation against the City; and
WHEREAS, changes in wireless communication technology, as well as project increases in
residential and commercial development throughout the City, coupled with the desire of wireless
communication providers to increase wireless communication services in the City and surrounding area
will likely produce additional permit applications for the placement or modification of wireless
communications facilities within the City of Morro Bay and result in further litigation; and
WHEREAS, significant concerns have been raised by the litigation against the City and by the
community regarding the inadequacy of the current regulations to address the increasing number of new
technologies of wireless communications facilities, and their failure to ensure informed, consistent,
uniform, and fair decisions on permit applications for new and/or modified wireless communications
facilities throughout the City; and
ordinance 549 Page 2 of 5
WHEREAS, citizens of the City of Morro Bay have expressed concerns regarding the impact
that a proliferation of wireless communications facilities within the City may have on the community as
a whole, including safety, noise, lighting, visibility, adverse visual impacts, and the incompatibility of
commercial uses in residential zones; and
WHEREAS, citizens of the City of Morro Bay have a desire that the City receive adequate
wireless telecommunication service provided that the facilities are designed and located to minimize the
concerns described above; and
WHEREAS, it is the intent of the Morro Bay City Council to adopt new zoning regulations
pertaining to wireless communications facilities in order to provide clear, consistent, and uniform
guidance to wireless communication service providers regarding the siting and design of wireless
communications facilities while also addressing the significant community concerns described above,
and to better reflect the City's siting and regulatory objectives for wireless communications facilities, all
within the limitations specified within the Telecommunications Act of 1996; and
WHEREAS, the Morro Bay City Council has determined that a temporary Moratorium on the
approval of applications to construct, modify or place wireless communications facilities will allow the
Coastal Commission time to complete its review and for the City to adopt revisions to its Wireless
Communications Facility Regulations while ensuring to the maximum extent feasible that the siting and
other objectives of the revised ordinance may be achieved; and
WHEREAS, on June 9, 2008, the City Council adopted Ordinance No. 541 entitled "An
Interim Urgency Ordinance of the City Council of the City of Morro Bay, California Establishing a
Temporary Moratorium on the Acceptance, Processing and Approval of Applications and Permits to
Construct, Modify or Place Wireless Communications Facilities Pending Completion of Studies and the
Preparation of an Update to the City's Zoning Ordinance ", which Ordinance expired forty -five days
(45) days from the date of its adoption, pursuant to the requirements of Government Code Section
65858; and
WHEREAS, on July 14, 2008, the City Council held a duly noticed public hearing to consider
extending the Interim Urgency Ordinance for a period of ten (10) months and fifteen (15) days pursuant
to Government Code section 65858(a); and
WHEREAS, on June 8 2009, the City Council held a duly noticed public hearing to consider
extending the Interim Urgency Ordinances for an additional year pursuant to Government Code section
65858(a).
WHEREAS, for reasons set forth above, this ordinance is declared by the Morro Bay City
Council to be necessary for preserving the public peace, health, or safety and to avoid a current,
immediate and direct threat to the health, safety, or welfare of the community, and the "Whereas"
clauses above taken together constitute the City Council's statements of the reasons constituting such
necessity and urgency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY does
ordain as follows:
Ordinance 549 Page 3 of 5
SECTION 1. The City Council finds and determines the foregoing recitals to be true and
correct and hereby makes them part of this ordinance.
SECTION 2. The City Council finds and determines, for the reasons stated in the recitals, the
adoption of this ordinance is exempt from CEQA under Sections 15061(b)(3), 15307, 15308, and
15183 of the State CEQA Guidelines.
SECTION 3. The City Council hereby directs the Public Services Department to continue to
work on the preparation of amended zoning regulations governing the construction, modification, and
placement of wireless communications facilities within the City of Morro Bay, and submit them for
consideration by the Planning Commission and City Council.
SECTION 4. Until such time as the Coastal Commission concludes the review described above
and the City adopts new Wireless Communications Facility Regulations, the City of Morro Bay hereby
declares a Moratorium on the approval of permit applications to construct, modify or place wireless
communications facilities, as defined in Section 5 below.
SECTION 5. For purposes of this Ordinance, the following definitions shall apply:
a. "Wireless communications facilities" means towers, antennas, and the
necessary accessory appurtenances for transmitting or receiving
electromagnetic communications signals used primarily for two -way radio
telephone communications service such as cellular telephone services.
SECTION 6. In accordance with Government Code Section 65858, this Ordinance shall be in
full force and effect for a period of an additional one year from the date of its adoption, i.e., from June
9, 2009 through and including June 8, 2010, prohibiting the approval of permit applications to
construct, modify, or place wireless communications facilities, except as provided in Section 7, below.
This one -year extension by the City Council is in accordance with the provisions of California
Government Code Section 65858.
SECTION 7. Exceptions. Any proposed wireless communications facility to be owned and
operated by a public safety provider and reasonably necessary for the protection of life and public safety
is exempt from the Moratorium established under this urgency ordinance. The City Council shall
determine, based on substantial evidence in the record, that the facility meets this requirement. In
addition, the Moratorium shall not apply to noncommercial antennas, including dish antennas, television
and radio antennas, and antennas used in amateur radio.
SECTION 8. During the term of this ordinance as set forth in Section 6 hereof, no use permit,
building, zoning or other permit that has been issued for the construction, modification, or placement of
any wireless communications facility, for which rights to proceed with the wireless communications
facility have not vested pursuant to the provisions of State law, shall proceed; and no use permit,
building, zoning or other permit for the construction, modification, or placement of any wireless
communications facility shall be issued by any department, agency, employee, or agent of the City of
Morro Bay. Only wireless communications facility use permits, development projects, facilities, or other
activities which have vested, pursuant to the provisions of the State law, prior to the date of this
Ordinance shall proceed in violation of the provisions of this Ordinance. An application for a wireless
telecommunications facility may be processed during the Moratorium and any extension of the
Ordinance 549 Page 4 of 5
Moratorium. However, the application shall be processed at the applicant's sole cost and expense and
with the understanding that no permit shall be issued until the Moratorium, including any extension of
the Moratorium, has expired, and that the permit may not be issued if it is inconsistent with any
amendments to city laws, ordinances or regulations that are amended by reason of the review that
occurs during the Moratorium.
SECTION 9. Petition for Relief from Moratorium. Any person who has applied to
construct, modify or place a wireless communications facility which would be affected by this
Moratorium, and who contends that the Moratorium as applied to him or her would be unlawful under
Federal, State, or local law or regulation, may submit a written application to the Public Services
Director requesting relief from the Moratorium. The request for relief from Moratorium shall identify
the name and address of the applicant, the affected application number, and shall state how the
Moratorium as applied to him or her would be unlawful under Federal, State or local law or regulation.
Within thirty (30) calendar days of receipt of the completed request for relief, the City Manager, or
his /her designee, shall mail to the applicant a written determination accepting or rejecting the request for
relief from Moratorium.
SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance
causing it to be posted, as required by the law, and it shall thereafter be in full force and effect. This
Ordinance shall become effective immediately as an interim urgency ordinance, in order to protect the
public health, safety, and welfare.
SECTION 11. For the term of this ordinance, as set forth in Section 6 hereof, the provisions of
this ordinance shall govern, to the extent there is any conflict between the provisions of this ordinance
and the provisions of any other City Code, ordinance, resolution or policy, and all such conflicting
provisions shall be suspended.
SECTION 12. This Ordinance is enacted pursuant to the City of Morro Bay's general police
powers, Article XI of the California Constitution, and Government Code Section 65858.
SECTION 13. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remaining portions of this ordinance. The City Council declares that it
would have adopted this Ordinance and each section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
►l.�
PASSED AND ADOPTED by the Council of the City of Morro Bay at a regular public
meeting held on the 8th day of June 2009 on a motion of Councilmember Winholtz, seconded by
Councilmeraber Smukler, and on the following vote:
AYES: Borchard, Grantham, Smukler, Winholtz, Peters
NOES: None
ABSTAIN: None
ABSENT: None
F., Iva UMI WM a 0 M1 11102 1 IQ 1114 5
Robert W. Schultz, Esq.
City Attorney
AN ORDINANCE OF THE CITY OF MORRO BAY
REPEALING, AMENDING, AND REENACTING
TITLE 10 VEHICLES AND TRAFFIC OF THE
MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, certain parts of the current Title 10 of the Morro Bay Municipal Code date
back to 1964 and therefore are outdated, cumbersome, and unenforceable; and
WHEREAS, for the purpose of providing a system of traffic regulations that are
consistent with state law and generally conform to similar regulations throughout the State of
California and the nation, the City of Morro Bay desires to repeal its previous traffic regulations
and amend and reenact Title 10 as contained herein; and
WHEREAS, City Staff made recommended amendments to Title 10 and presented the
draft Title 10 Ordinance to City council at its council meeting on January 12, 2009 for review
and comment; and
WHEREAS, the City Council provided staff with direction and recommended changes to
the draft Ordinance and City Staff has since made these changes and believes this rewritten
Ordinance will serve the city's needs well and address enforcement issues that have been a
concern; and
WHEREAS, a public hearing was scheduled for April 27, 2009, for consideration of this
Ordinance and appropriate public notices were given.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
DOES HEREBY ORDAIN AS FOLLOWS:
Title 10 of the Morro Bay Municipal Code is hereby repealed, amended, and reenacted to
read as follows:
Title 10
VEHICLES AND TRAFFIC
Chapters:
10.04
Definitions
10.08
Administration
10.12
Enforcement and Obedience to Traffic Regulations
10.16
Traffic- Control Devices
10.20
Turning Movements
10.24
One -Way Streets and Alleys
10.28
Special Stops Required
10.32
Miscellaneous Driving Rules
10.36
Pedestrian Regulations
10.40
Stopping, Standing and Parking for Certain Purposes or in Certain
Places
10.44
Stopping, Standing or Parking Restricted or Prohibited in Certain
Areas
10.48
Stopping for Loading or Unloading Only
10.52
Restricted Use of Certain Streets
10.56
Speed Zones
10.60
Obstructions to Visibility
10.64
Parking Revenues, Fines and Forfeitures
10.68
Inoperative Vehicles
10.72
Bicycles and Motorized Bicycles
10.76
Coasters, Roller Skates and Similar Devices
10.80
Oversize and Overweight Vehicles
10.84
Police Towing Services
10.88
Street Use by Vehicles Used As Living Quarters
10.92
Off Highway Vehicles
10.96
Penalty for Traffic Violations
Chapter 10.04
DEFINITIONS
Sections:
10.04.010 Generally.
10.04.020 Definitions.
10.04.010 Generally.
A. The words and phrases set out in this chapter when used in this title shall, for the
purposes of this title, have the meanings respectively ascribed to them in this chapter.
B. Whenever any words or phrases used in this title are not defined, but are defined in
the Vehicle Code of the state and amendments thereto, such definitions shall apply.
10.04.020 Definitions.
A. "Alley" means that roadway defined in Section 110 of the Vehicle Code.
B. "Bicycle" means a device as defined in Section 231 of the Vehicle Code.
C. `Business District" shall mean as defined in Section 235 of the Vehicle Code.
D. "Central business district" is the district within Morro Bay that includes all streets or
portions of streets within the area bounded by the following streets: Bounded on the south by
Pacific Street, on the north by Beach Street, Main Street and Radcliff, on the west by the
Embarcadero and Front street and on the east by Kern Avenue, Morro Bay Boulevard and
Quintana Road.
E. "Code enforcement officer" means and includes enforcement officers regularly
employed or designated in that capacity by the city.
F. "Curb" means the lateral boundary of the roadway whether such curb be marked by
curbing construction, or not so marked: the word curb as used in this title shall not include the
line dividing the roadway of a street from parking strips in the center of a street, nor from the
tracks or rights -of -way of public utility companies.
G. "Divisional island" means a raised island located in the roadway and separating
opposing or conflicting streams of traffic.
H. "Highway" means a way or place of whatever nature, publicly maintained and opened
to the use of the public for purposes of vehicular travel. Highway includes streets.
I. Within the meaning of this title, "holidays" are those dates as described in the federal
holiday law.
J. "Loading zone" means the space adjacent to a curb reserved for the exclusive use of
vehicles during the loading or unloading of passengers or materials.
K. "Official time standard" - Whenever certain hours are named in this title, they shall
mean standard time or daylight savings time as may be in current use in this city.
L. "Owner of the land" means the owner of the land on which the vehicle or parts
thereof is located as shown on the last equalized assessment roll.
M. "Park" or "Parking" means the definition as described in Section 463 of the Vehicle
Code.
N. "Parking meter" means a mechanical device installed within or upon the curb or
sidewalk area immediately adjacent to a parking space, for the purpose of controlling the period
of time occupancy of such parking meter space by any vehicle.
O. "Parkway" means that portion of a street other than a roadway or a sidewalk.
P. "Passenger loading zone" means the space adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of passengers.
Q. "Pedestrian" means the definition as described in Section 467 of the Vehicle Code.
R. "Police department volunteer" means persons who are registered and approved
volunteers with the police department who are authorized and trained in traffic control and to
enforce parking regulations.
S. "Police officer" means every officer of the police department of this city as defined in
Section 830.1 of the California Penal Code.
T. "Public Property: means any property owned by a public agency, but does not include
highways.
U. "Skateboard" means a board with two small wheels fixed to the bottom of both ends,
on which (as a recreation or sport) a person can ride in a standing or crouching position,
propelling themselves by occasionally pushing one foot against the ground.
V. "Stop or Stopping" means the definition as described in Section 587 of the Vehicle
Code.
W. "Stop or stand," when prohibited, means any stopping or standing of a vehicle,
whether occupied or not, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or official traffic - control device.
X. "Traffic Control devise" means a sign, signal, marking, or other device used to
regulate, warn, or guide traffic, placed on, over, or adjacent to a street, highway, pedestrian
facility, or shared -use path by authority of a public agency having jurisdiction.
Y. "Vehicle" means a device by which any person or property may be propelled, moved,
or drawn upon a highway, exempting a device moved exclusively by human power or used
exclusively upon stationary rails or tracks.
Z. "Vehicle Code" means the Vehicle Code of the state of California.
Chapter 10.08
1 u l l►I `: s 1 ►1
Sections:
10.08.010 Office of city traffic engineer established — Authority to place and
maintain traffic- control devices.
10.08.020 Traffic engineer's powers and duties.
10.08.030 Traffic - control devices and markings — Installation and maintenance.
10.08.040 City staff traffic advisory committee — Established— Membership.
10.08.050 City staff traffic advisory committee — Duties.
10.08.060 Enforcement.
10.08.070 Declared Streets.
10.08.080 Placement by Council.
10.08.010 Office of city traffic engineer established— Authority to place and maintain
traffic- control devices.
The office of city traffic engineer is established. The city traffic engineer shall be the city
engineer until the council shall authorize the creation of a separate officer, and he /she shall
exercise the powers and duties as provided in Section 10.08.020 and in the traffic regulations of
this city. Whenever the city traffic engineer is required or authorized to place or maintain official
traffic- control devices or signals, he /she may cause such devices or signals to be placed or
maintained.
10.08.020 Traffic engineer's powers and duties.
It shall be the general duty of the city traffic engineer to determine the installation and
proper timing and maintenance of traffic- control devices, signs and signals, to conduct
engineering analyses of traffic accidents and to devise remedial measures, to conduct
engineering and traffic investigations of traffic conditions, to recommend traffic- control devices
for inclusion in the capital improvement program and present plans for consideration by the
council, and to cooperate with other city officials in the development of ways and means to
improve traffic conditions, and to carry out the additional powers and duties imposed by
ordinances of this city. Whenever, by the provisions of this title, a power is granted to the city
traffic engineer or a duty imposed upon him/her, the power may be exercised or the duty
performed by him/her or by his/her deputy or by a person authorized in writing by him/her .
10.08.030 Traffic- control devices and markings — Installation and maintenance.
The physical maintenance of traffic - control devices and markings shall be handled by the
Public Services Department. The installation of devices, signs or markings authorized by city
traffic engineer will be either by contract or through the public services department.
10.08.040 City staff traffic advisory committee — Established— Membership.
There is established an advisory traffic committee consisting of a minimum of the
following city staff members or their representatives: the city traffic engineer, the chief of police
and the fire chief.
10.08.050 City staff traffic advisory committee — Duties.
It shall be the duty of the city staff traffic advisory committee to consider public
suggestions having to do with traffic matters and recommend ways and means of improving
traffic conditions and the administration and enforcement of traffic regulations.
10.08.060 Enforcement.
A. All adopted state and city parking ordinances shall be administered and enforced by
the police chief, the fire chief, and the City Traffic Engineer, or such other persons as they shall
designate as enforcing officers.
B. It is the duty of the police chief to enforce the street traffic regulations of the city and
all of the state vehicle laws applicable to street traffic in the city, to make arrests for traffic
violations, to investigate traffic accidents and to collaborate with other city departments and the
staff traffic safety committee with the administration of the traffic laws and in developing ways
and means to improve traffic conditions.
10.08.070 Declared Streets.
A. All of the streets and highways in the city now existing or hereafter created or
dedicated are declared streets, and all the city parking lots or public areas (whether improved or
unimproved) upon which driving, stopping, standing or parking of vehicles shall be limited and
restricted; provided, that such street, lot or public area is properly signposted or marked so as to
designate the limitation or restriction placed herein. The council may from time to time limit or
restrict the driving, stopping, standing or parking of vehicles upon any public street, city parking
lot or public area in the city. Such limitation or restriction shall be effectuated by resolution of
the council specifying the streets, lots and public areas and limitations or restrictions on driving,
standing, stopping or parking therein, followed by proper signposting of the street, lot or public
area.
B. When authorized signs are in place giving notice thereof, no person shall drive, stop,
stand or park any vehicle on any street, city parking lot or public area in the city in violation
thereof.
10.08.080 Placement by Council.
Notwithstanding the above sections, the City Council shall have the power to place and
maintain or cause to be placed or maintained official traffic - control devices when and as required
under this chapter to make effective the provisions of this chapter and may place and maintain
such additional traffic - control devices as it deems necessary to regulate traffic under this chapter
or under the State law, or to guide or warn traffic.
Chapter 10.12
ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS
Sections:
10.12.010 Traffic direction — Police and fire department officials authority.
10.12.020 Obedience to traffic regulations — Required.
10.12.030 Obedience to traffic regulations— Persons riding bicycles or animals.
10.12.040 Obstruction or interference with police or authorized officers
prohibited.
10.12.050 Removal of chalk marks.
10.12.060 Exemption of certain vehicles.
10.12.070 Report of damage to certain property required.
10.12.080 Authority to remove vehicles.
10.12.010 Traffic direction —Police and fire department officials authority.
A. Officers, assigned employees and authorized volunteers of the police department are
primarily responsible to direct all traffic by voice, hand, audible or other signals in conformance
with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to
safeguard pedestrians, other assigned city employees may direct traffic as conditions may
require, notwithstanding that provisions to the contrary are contained in this title or the Vehicle
Code. No other person shall direct traffic in any emergency situation unless so directed by the
incident commander of the emergency situation.
B. During non emergency situations such as construction, the chief of police or traffic
engineer may authorize and/or require the construction firms to provide adequate and proper
traffic control and direction during construction.
10.12.020 Obedience to traffic regulations— Required.
It is a misdemeanor or infraction for any person driving any vehicle or other conveyance
upon any street, or any pedestrian, to do any act forbidden or fail to perform any act required as
applicable to any such person under this title.
10.12.030 Obedience to traffic regulations— Persons riding bicycles or animals.
Every person riding a bicycle or riding or driving an animal upon a highway shall be
granted all of the rights and shall be subject to all of the duties applicable to the driver of a
vehicle by this title, except those provisions which by their very nature can have no application.
10.12.040 Obstruction or interference with police or authorized officers prohibited.
No person shall interfere with or obstruct in any way any police officer or other officer or
employee of this city in their enforcement of the provisions of this title.
10.12.050 Removal of chalk marks
A. The owner or operator of any motor vehicle exercising the privilege of parking a
vehicle on any street or portion thereof where regulations are in effect restricting the length of
time vehicles may be parked on a street or portion thereof does so on the condition that the police
officers or other designated city personnel may place chalk or other removable marks on the tire
of the vehicle for the purpose of enforcing such parking regulations.
B. It is unlawful for any person to erase, rub out, conceal or otherwise remove, any chalk
or other mark so placed by a police officer or other designated city personnel while the marked
vehicle remains parked on the street or portion thereof. For the purpose of this section, the
movement of a previously marked vehicle in such a manner as to cause the tire marking to be
concealed or removed, and without leaving the parking space or the block where such vehicle
was parked when its tires were previously marked shall be deemed to be an erasure or removal of
such chalk or other marking.
10.12.060 Exemption of certain vehicles.
A. The provisions of this title regulating the operation, parking and standing of vehicles
shall not apply to authorized emergency vehicles.
B. The provisions of this title regulating the parking or standing of vehicles shall not
apply to any vehicle of a city department or public. utility while necessarily in use for
construction, repair work, or during an emergency, or any vehicle owned or operated by the
United States Postal Service while in use for the collection, transportation or delivery of the
United States mail.
10.12.070 Report of damage to certain property required.
The operator of any vehicle or the person in charge of any animal involved in any accident
resulting in damage to any property publicly owned or owned by a public utility, including, but
not limited to, any fire hydrant, parking meter, lighting post, telephone pole, electric light or
power pole, or resulting in damage to any tree, traffic - control device or other property of a like
nature located in or along any street, shall immediately or as soon as practical after such accident
make a written report of such accident to the police department of this city.
10.12.080 Authority to remove vehicles.
A. Any police officer of the city police department may remove a vehicle as specified in
Section 22650 -22856 of the California Vehicle Code.
B. Any trained police volunteer may remove a vehicle as specified in Section 22651.05
of the California Vehicle Code.
Chapter 10.16
TRAFFIC - CONTROL DEVICES
Sections:
10.16.010 Authority to place and maintain.
10.16.020 Traffic- control signs required for enforcement purposes.
10.16.030 Obedience required.
10.16.040 Traffic signal installation.
10.16.050 Lane marking.
10.16.060 Distinctive roadway markings — Authority to place.
10.16.070 Removal, relocation and discontinuance— Authority.
10.16.080 Hours of operation.
10.16.090 Unauthorized painting on curbs prohibited.
10.16.100 Signs and signals— Tampering with
10.16.010 Authority to place and maintain.
A. The city traffic engineer shall have the power and duty to place or cause to be placed
official traffic - control devices when and as required to make effective the provisions of this title.
B. Whenever the Vehicle Code requires for the effectiveness of any provision thereof
that traffic - control devices be installed to give notice to the public of the application of such law,
the city traffic engineer is authorized to install or cause to be installed the necessary devices
subject to any limitations or restrictions set forth in the law applicable thereto.
C. The city traffic engineer may also place or cause to be placed such additional traffic -
control devices as he /she may deem necessary or proper to regulate traffic or to guide or warn
traffic, but he /she shall make such determination only upon the basis of traffic engineering
principles and traffic investigations and in accordance with such standards, limitations and rules
as may be set forth in this chapter or as may be determined by ordinance or resolution of the
council.
D. The police chief may also place or cause to be placed temporary traffic - control signs
as he /she may deem necessary or proper to regulate traffic or to guide or warn traffic in
emergency situations, special events, or other temporary events.
E. It is unlawful for any person to place or maintain any device other than an official
warning or directional sign or signal erected under competent authority, on or in view of the
street, which purports to be, or is an imitation of, or resembles an official warning or direction
sign or signal, or which attempts to direct the movement of traffic or the actions of operators of
vehicles; and any such prohibited device shall be a public nuisance and the police department
may remove it, or cause it to be removed without notice.
10.16.020 Traffic- control signs required for enforcement purposes.
No provision of the Vehicle Code or of this title for which signs are required shall be
enforced against an alleged violator unless appropriate legible signs are in place giving notice of
such provisions of the traffic regulations.
10.16.030 Obedience required.
The operator of any vehicle shall obey the instructions of any official traffic- control device
placed in accordance with this title unless otherwise directed by a police officer or other
authorized person subject to the exceptions granted the operator of an authorized emergency
vehicle when responding to emergency calls.
10.16.040 Traffic signal installation.
A. The city traffic engineer is directed to install official traffic signals at those
intersections and other places where traffic conditions are such as to require that the flow of
traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or
to protect life or property from exceptional hazard.
B. The city traffic engineer shall ascertain and determine the locations where such
signals are required by field investigation, input from the City Staff Traffic Advisory Committee,
traffic counts and other traffic information as may be pertinent and his determinations therefrom
shall be made in accordance with those traffic engineering and safety standards and instructions
set forth in the Traffic Manual issued by the California Department of Transportation.
C. Whenever the city traffic engineer installs an official traffic signal at any intersection,
he /she shall likewise erect at such intersection street name signs visible to the principal flow of
traffic unless such street name signs have previously been placed and are maintained at any such
intersection.
10.16.050 Lane marking.
The city traffic engineer is authorized to mark centerlines and lane lines upon the surface of
the roadway to indicate the course to be traveled by vehicles and may place signs temporarily
designating lanes to be used by traffic moving in a particular direction, regardless of the
centerline of the highway.
10.16.060 Distinctive roadway markings — Authority to place.
The city traffic engineer is authorized to place distinctive roadway markings as described in
the Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or
other curvature of the roadway renders it hazardous to drive on the left side of such marking or
signs and markings. Such markings or signs and markings shall have the same effect as similar
markings placed by the State Department of Transportation pursuant to the provisions of the
Vehicle Code.
10.16.070 Removal, relocation and discontinuance — Authority.
The city traffic engineer is authorized to remove, relocate or discontinue the operation of
any traffic- control device not specifically required by the Vehicle Code or this title whenever
he /she shall determine in any particular case that the conditions which warranted or required the
installation no longer exist.
10.16.080 Hours of operation.
The city traffic engineer shall determine the hours and days during which any traffic -
control device shall be in operation or be in effect, except in those cases where such hours or
days are specified in this title.
10.16.090 Unauthorized painting on curbs prohibited.
No person, unless authorized by city traffic engineer, shall paint any street or curb surface;
provided, however, that this section shall not apply to the painting of numbers on a curb surface
by any person who has complied with the provisions of any resolution or ordinance of this city
pertaining thereto.
10.16.100 Signs and signals — Tampering with.
It is unlawful for any person to deface, injure, move or interfere with any official warning
or directional signal or sign.
Chapter 10.20
TURNING MOVEMENTS
Sections:
10.20.010 Turning markers — Authority to place — Obedience to required.
10.20.020 Restricted turn signs — Authority to place.
10.20.030 No -turn signs - Obedience required.
10.20.040 No free right turn on red light signs — Obedience required —Sign
posting.
10.20.050 U -Turns
10.20.010 Turning markers - Authority to place — Obedience to required.
A. The city traffic engineer is authorized to place markers, buttons or other official
traffic- control signs within or adjacent to intersections and indicating the course to be traveled by
vehicles turning at such intersections, and the city traffic engineer is authorized to locate and
indicate more than one lane of traffic from which drivers of vehicles may make right or left hand
turns, and the course to be traveled as so indicated may conform to or be other than as prescribed
by law or ordinance.
B. When authorized markers, buttons or other indications are placed within an
intersection indicating the course to be traveled by vehicles turning there, no driver of a vehicle
shall disobey the directions of such indications.
10.20.020 Restricted turn signs — Authority to place.
The traffic engineer is authorized to determine those intersections at which drivers of
vehicles shall not make a right, left or U -turn, and shall place proper signs at such intersections.
The making of such turns may be prohibited between certain hours of any day and permitted at
other hours, in which event the same shall be plainly indicated on the signs or they may be
removed when such turns are permitted.
10.20.030 No -turn signs— Obedience required.
Whenever authorized signs are erected indicating that no right or left or U -turn is permitted,
no driver of a vehicle shall disobey the directions of such sign.
10.20.040 No free right turn on red light signs— Obedience required —Sign posting.
A. No driver of a vehicle shall make a right turn against a red or stop signal at any
intersection which is sign- posted giving notice of such restriction as provided in subsection B of
this section.
B. The city traffic engineer shall post appropriate signs giving effect to this section
where he /she determines that the making of right turns against a traffic signal "stop" indication
would seriously interfere with the safe and orderly flow of traffic.
10.20.050 U -Turns
A. No vehicle in a business district shall be turned so as to proceed in the opposite
direction except at an intersection.
B. No vehicle in a residential district shall be turned so as to proceed in the opposite
direction when any other vehicle is approaching from either direction within two hundred feet
except at an intersection.
Chapter 10.24
ONE -WAY STREETS AND ALLEYS
Sections:
10.24.010 Sign posting.
10.24.010 Sign posting.
Whenever any ordinance or resolution of this city designates any one -way street or alley,
the city traffic engineer shall place signs giving notice thereof, and no such regulations shall be
effective unless such signs are in place. Signs indicating the direction of lawful traffic movement
shall be placed at every intersection where movement of traffic in the opposite direction is
prohibited.
Chapter 10.28
SPECIAL STOPS REQUIRED
Sections:
10.28.010 Stop signs — Erection — Removal— Obedience to required.
10.28.020 Vehicles emerging from an alley, driveway or building.
10.28.010 Stop signs — Erection — Removal — Obedience to required.
The city traffic engineer is authorized to erect stop signs at those locations where he or she
deems such controls to be necessary or remove those signs no longer warranted in order to
protect the public safety. When signs are erected giving notice thereof, drivers of vehicles shall
stop at the entrance or entrances to such intersections.
10.28.020 Vehicles emerging from an alley, driveway or building.
The driver of a vehicle emerging from an alley, driveway or building shall stop such
vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across
any alleyway or driveway.
Chapter 10.32
MISCELLANEOUS DRIVING RULES
Sections:
10.32.010 Driving through funeral procession.
10.32.020 Commercial vehicles using private driveways.
10.32.030 Riding or driving on sidewalk.
10.32.040 Riding or driving on new pavement markings.
10.32.050 Driving on limited access roadways.
10.32.060 Barriers and signs — Placing or erecting— Tampering with — Obedience
to required.
10.32.070 Entering intersections and crosswalks.
10.32.080 Driving over fire hose prohibited
10.32.010 Driving through funeral procession.
No operator of any vehicle shall drive between the vehicles comprising a funeral procession
or a parade; provided, that such vehicles are conspicuously so designated. The directing of all
vehicles and traffic on any street over which such funeral procession or parade wishes to pass
shall be subject to the orders of the police department.
10.32.020 Commercial vehicles using private driveways.
A. No person shall operate or drive a commercial vehicle in, on or across any private
driveway approach or sidewalk area itself without the consent of the owner or occupant of the
property, if a sign or markings are in place indicating that the use of such driveway is prohibited.
B. For the purpose of this section, a "commercial vehicle" means a vehicle having a
rated capacity in excess of one -half ton.
10.32.030 Riding or driving on sidewalk.
No person shall ride, drive, propel, or cause to be propelled, any vehicle or animal across or
upon any sidewalk excepting over permanently constructed driveways and excepting when it is
necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided
further, that the sidewalk area be substantially protected by wooden planks two inches thick, and
written permission be previously obtained from the city traffic engineer. Such wooden planks
shall not be permitted to remain upon such sidewalk area during the hours of darkness.
10.32.040 Riding or driving on new pavement markings.
No person shall ride or drive any animal or any vehicle over or across any newly made
pavement or freshly painted markings in any street when a barrier, sign, cone - marker or other
warning device is in place warning persons not to drive over or across such pavement or
marking, or when any such device is in place indicating that the street or any portion thereof is
closed.
10.32.050 Driving on limited access roadways.
No person shall drive a vehicle onto or from any limited access roadway except at such
entrances and exits as are lawfully established.
10.32.060 Barriers and signs — Placing or erecting — Tampering with — Obedience to
required.
No person, public utility or department in the city shall erect or place any permanent barrier
or sign on any street unless of a type approved by the city traffic engineer or disobey the
instructions, remove, tamper with or destroy any permanent or temporary barrier or sign lawfully
placed on any street by any person, public utility or by any department of this city.
10.32.070 Entering intersections and crosswalks.
A. No operator of any vehicle shall enter an intersection or a marked crosswalk unless
there is sufficient space on the other side of the intersection or crosswalk to accommodate the
vehicle he or she is operating without obstructing the passage of other vehicles or pedestrians,
notwithstanding any traffic- control signal indication to proceed.
B. It is unlawful for the operator of a vehicle to drive into any marked crosswalk while
there is in such crosswalk on the half of the roadway or street on which such vehicle is traveling
any pedestrian engaged in crossing the street or roadway, until such pedestrian shall have passed
beyond the path of said vehicle.
10.32.080 Driving over fire hose prohibited
No vehicle shall be driven over any unprotected hose of the fire department when laid on
any street or private driveway without the consent of the fire chief or fire personnel in command
of the incident.
Chapter 10.36
PEDESTRIAN REGULATIONS
Sections:
10.36.010 Crosswalks— Establishment.
10.36.020 Crosswalks —Use required when.
10.36.010 Crosswalks — Establishment.
A. The city traffic engineer shall establish and designate crosswalks at intersections and
other places by appropriate devices, marks or lines upon the surface of the roadway as follows:
Crosswalks may be established and maintained at all intersections within the central
business district and at such intersections outside such districts, and at other places
within or outside the district where the city traffic engineer determines that there is
particular hazard to pedestrians crossing the roadway, subject to the limitations
contained in subsection B of this section.
B. Other than crosswalks at intersections, no crosswalk shall be established in any block
which is less than four hundred feet in length and such crosswalk shall be located as nearly as
practicable at midblock.
C. The city traffic engineer may place signs at or adjacent to an intersection in respect to
any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated.
10.36.020 Crosswalks —Use required when.
No pedestrian shall cross a roadway other than by a crosswalk in the central business
district or in any business district.
Chapter 10.40
STOPPING, STANDING AND PARKING FOR CERTAIN PURPOSES
OR IN CERTAIN PLACES
Sections:
10.40.010
Applicability of provisions — Temporary alteration of parking controls
and regulations by traffic engineer and police chief.
10.40.020
Stopping or standing in parkways prohibited.
10.40.030
Maintenance of no stopping and no parking zones — Traffic engineer's
duty -- Compliance with markings required.
10.40.040
No stopping and parking areas.
10.40.050
Parking for more than seventy -two hours prohibited.
10.40.060
Parking/Storage of boats, trailers, and RVs upon certain streets
prohibited.
10.40.070
Repairing or greasing vehicles on public streets prohibited — Exception.
10.40.080
Washing or polishing vehicles on public streets.
10.40.090
Parking adjacent to schools.
10.40.100
Parking prohibited on narrow streets.
10.40.110
Parking on grades.
10.40.120
Peddlers, vendors — Unlawful parking.
10.40.130
Emergency parking signs.
10.40.140
Parking of large or commercial vehicles near intersections.
10.40.150
Nighttime parking of large vehicles.
10.40.160
Nighttime parking of vehicles with operating air - conditioning or
refrigeration units.
10.40.170
Restricted parking in certain city parking lots except the boat launch
area.
10.40.180
Violation — Penalty.
10.40.010 Applicability of provisions — Temporary alteration of parking controls and
regulations by traffic engineer.
A. The provisions of this chapter prohibiting the stopping, standing or parking of a
vehicle shall apply at all times or at those times as specified in this chapter, except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the
directions of a police officer or official traffic- control device.
B. The provisions of this chapter imposing a time limit on standing or parking shall not
relieve any person from the duty to observe other and more restrictive provisions of the Vehicle
Code or the ordinances of this city prohibiting or limiting the standing or parking of vehicles in
specified places or at specified times.
C. The city traffic engineer and/or police chief, or his or her designated alternate may, at
his or her discretion, set aside, suspend or relocate parking controls and regulations on a
temporary basis when it is found to be in the public interest or required for traffic safety. Before
any such temporary change may become effective, the city traffic engineer shall receive the
police department's approval for the change and have the change posted.
10.40.020 Stopping or standing in parkways prohibited.
No person shall stop, stand or park a vehicle within any parkway.
10.40.030 Maintenance of no stopping and no parking zones — Traffic engineer's duty —
Compliance with markings required.
A. The city traffic engineer is authorized to maintain, by appropriate signs or by paint
upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as
defined and described in this chapter.
B. When the curb markings or signs are in place, no operator of any vehicle shall stop,
stand or park such vehicle adjacent to any such legible curb marking or sign in violation of any
of the provisions of this chapter.
10.40.040 No stopping and parking areas.
No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of
the following places, except when necessary to avoid conflict with other traffic or in compliance
with the direction of a police officer or other authorized officer, or traffic sign or signal:
A. Within any divisional island, unless authorized and clearly indicated with appropriate
signs or markings;
B. On either side of any street between the projected property lines of any public walk,
public steps, street, or thoroughfare terminating at such street when such area is indicated by
appropriate signs or by red paint upon the curb surface;
C. In any area where the city traffic engineer determines that the parking or stopping of a
vehicle would constitute a traffic hazard, endanger life or property, or for other reasons deemed
necessary, when such area is indicated by appropriate signs or by red paint upon the curb
surface;
D. In any area established by resolution of the council as a no parking area, when such
area is indicated by appropriate signs or by red paint upon the curb surface;
E. In any area where the parking or stopping of any vehicle would constitute a traffic
hazard or would endanger life or property;
F. On any street or highway where the use of such street or highway or a portion thereof
is necessary for the cleaning, repair or construction of the street or highway or the installation of
underground utilities or where the use of the street or highway or any portion thereof is
authorized for a purpose other than the normal flow of traffic or where the use of the street or
highway or any portion thereof is necessary for the movement of equipment, articles or
structures of unusual size, and the parking of such vehicle would prohibit or interfere with such
use or movement; provided, that signs giving notice of such no parking are erected or placed at
least twenty -four hours prior to the effective time of such no parking;
G. At any place within fifteen feet of a crosswalk at an intersection when such place is
indicated by appropriate signs or by red paint upon the curb surface, except that a bus may stop
at a designated bus stop;
H. Within fifteen feet of the approach to any traffic signal, boulevard stop sign, or
official electric flashing device;
I. Within any parkway;
J. Within ten feet of any intersection;
K. Within fifteen feet of any fire hydrant;
L. Directly in front of any building in which is housed fire fighting apparatus belonging
to the city;
M. In any intersection;
N. In a crosswalk;
O. In any reserved space, except to take on or let off passengers or merchandise, unless
otherwise provided in this chapter.
10.40.050 Parking for more than seventy -two hours prohibited.
Pursuant to California Vehicle Code Section 22507, no vehicle, boat, trailer shall be parked
or left standing upon any street, highway, city parking lot or public area (whether improved or
unimproved) within the city for seventy -two or more consecutive hours without having been
moved at least one -tenth of a mile during that period.
10.40.060 Parking/Storage of boats, trailers, and RVs upon certain streets prohibited.
No person shall park or store any boat, trailer, or recreational vehicle upon any street,
highway, city parking lot or public area (whether improved or unimproved) within a Business
District, as defined in Section 235 of the California Vehicle Code, between the hours of 2:00
a.m. and 6:00 a.m., unless such area is designated by the City for such parking or storage.
10.40.070 Repairing or greasing vehicles on public streets prohibited — Exception.
No person shall construct or cause to be constructed, repair or cause to be repaired, change
the oil, grease or cause to be greased any vehicle or any part thereof upon any public street in this
city. Temporary emergency repairs may be made upon a public street.
10.40.080 Washing or polishing vehicles on public streets.
No person shall wash or cause to be washed, polish or cause to be polished any vehicle or
any part thereof upon any street in this city, when a charge is made for such service.
10.40.090 Parking adjacent to schools.
A. The city traffic engineer is authorized to erect signs indicating no parking upon that
side of any street adjacent to any school property when such parking would, in his or her
opinion, interfere with traffic or create a hazardous situation.
B. When official signs are erected prohibiting parking upon that side of a street adjacent
to any school property, no person shall park a vehicle in any such designated place.
10.40.100 Parking prohibited on narrow streets.
A. The city traffic engineer is authorized to place signs or markings indicating no
parking upon any street when the width of the roadway does not exceed twenty feet, or upon one
side of a street as indicated by such signs or markings when the width of the roadway does not
exceed thirty feet.
B. When official signs or markings prohibiting parking are erected upon narrow streets
as authorized in this section, no person shall park a vehicle upon any such street in violation of
any such sign or marking.
10.40.110 Parking on grades.
No person shall park or leave standing any vehicle unattended on a highway when upon
any grade exceeding three percent without blocking the wheels of the vehicle by turning them
against the curb or by other means.
10.40.120 Peddlers, vendors — Unlawful parking.
A. Except as otherwise provided in this section, no person shall stand or park any
vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or
foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any
lunchwagon or eating cart or vehicle, on any portion of any street within this city, except that
such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser
for a period of time not to exceed ten minutes at any one place. The provisions of this subsection
shall not apply to nonprofit organizations who have obtained prior approval of council or are part
of an approved special event issued a public area use permit.
B. No person shall park or stand on any street any lunchwagon, eating cart or vehicle, or
pushcart from which tamales, peanuts, popcorn, candy or other articles of food are sold or
offered for sale. The provisions of this subsection shall not apply to nonprofit organizations who
have obtained prior approval of the council or are part of an approved special event issued a
public area use permit.
10.40.130 Emergency parking signs.
A. Whenever the chief of police shall determine that an emergency traffic congestion is
likely to result from the holding of public or private assemblages, special event, gatherings or
functions, or for other reasons, the chief of police shall have power and authority to order
temporary signs to be erected or posted indicating that the operation, parking or standing of
vehicles is prohibited on such streets and alleys as the chief of police shall direct during the time
such temporary signs are in place. Such signs shall remain in place only during the existence of
such emergency and the chief of police shall cause such signs to be removed promptly thereafter.
B. When signs authorized by the provisions of this section are in place giving notice
thereof, no person shall operate, park or stand any vehicle contrary to the directions and
provisions of such signs.
10.40.140 Parking of large or commercial vehicles near intersections.
No person shall park any vehicle greater than six feet in height, including any load thereon,
within one hundred feet of any intersection at any time. This section shall not apply to any
particular intersection until signs or markings giving adequate notice thereof have been placed as
determined appropriate by the city traffic engineer.
10.40.150 Nighttime parking of large vehicles.
Between the hours of ten p.m. and seven a.m., it is unlawful to park or leave standing upon
any public right -of -way within two hundred feet of any dwelling, any vehicle exceeding (1)
twenty feet in length, or (2) six thousand pounds unladen weight, except trailer coaches,
housecars, campers or motorhomes.
10.40.160 Nighttime parking of vehicles with operating air - conditioning or refrigeration
units.
Between the hours of ten p.m. and seven a.m., no person shall park or leave standing on any
street or public right -of -way any vehicle, except a passenger vehicle, with an operating
refrigeration or other unit to cool, heat, humidify, or otherwise air- condition the cargo area,
except for locations at least two hundred feet distant from the nearest dwelling.
10.40.170 Restricted parking in city parking lots except the boat launch area.
No person shall stop, stand or park a vehicle on any city parking lot which signs are posted
between the hours of two a.m. and five a.m. of any day or between the hours established by
resolution of the council; provided that this section shall not apply to Tidelands Boat Launch
area.
10.40.180 Violation — Penalty.
Every person convicted of a violation of any of the provisions of this chapter shall be
punished by a fine for each separate offense as provided in Section 10.64.030.
Chapter 10.44
STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED
IN CERTAIN AREAS
Sections:
10.44.010 Timed parking.
10.44.020 Parking parallel on one -way streets.
10.44.030 Diagonal parking.
10.44.040 Parking space markings.
10.44.050 No stopping/parking zones.
10.44.060 All night parking prohibited in central business district — Exception.
10.44.010 Timed parking.
When authorized signs, parking meters or curb markings have been determined by the city
traffic engineer to be necessary and are in place giving notice thereof, no operator of any vehicle
shall stop, stand or park said vehicle for a period of time longer than the designated length of
time, hours and days posted by sign, parking meter or curb marking. Green curb markings shall
mean time limit parking specified by local ordinance or resolution. All other time designations
shall be from one hour up to ten hours. Vehicle must move a minimum of one hundred fifty
meters once designated time at occupied space has elapsed.
10.44.020 Parking parallel on one -way streets.
A. Subject to other more restrictive limitations, a vehicle may be stopped or parked
within eighteen inches of the left -hand curb facing in the direction of traffic movement upon any
one -way street unless signs are in place prohibiting such stopping or standing.
B. In the event a highway includes two or more separate roadways and traffic is
restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon
the left -hand side of such one -way roadway unless signs are in place permitting such standing or
parking.
C. The city traffic engineer is authorized to determine when standing or parking shall be
prohibited upon the left -hand side of any one -way roadway or a highway having two or more
separate roadways and shall erect signs giving notice thereof.
D. The requirements of parallel parking imposed by this section shall not apply in the
event any commercial vehicle is actually engaged in the process of loading or unloading freight
or goods, in which case such vehicle may be backed up to the curb; provided, that such vehicle
does not extend beyond the centerline of the street and does not block traffic thereby.
10.44.030 Diagonal parking.
A. On any of the streets or portions of streets established by resolution of the council as
diagonal parking zones, when signs or pavement markings are in place indicating such diagonal
parking, it is unlawful for the operator of any vehicle to park the vehicle except:
1. At the angle to the curb indicated by sign or pavement markings allotting space to
parked vehicles and entirely within the limits of the allotted space;
2. With the front wheel nearest the curb within six inches of the curb.
B. The provisions of this section shall not apply when such vehicle is actually engaged
in the process of loading or unloading passengers, freight or goods, in which event the provisions
applicable in Section 10.40.040 shall be complied with.
10.44.040 Parking space markings.
A. The city traffic engineer is authorized to install and maintain parking space markings
to indicate parking spaces adjacent to curbings on city streets and in municipal parking lots
where authorized parking is permitted.
B. When such parking space markings are placed on the highway or in a municipal
parking lot, subject to other and more restrictive limitations, no vehicle shall be stopped, left
standing or parked other than within a single space, unless the size or shape of such vehicle
makes compliance impossible.
10.44.050 No stopping/parking zones.
A. The city traffic engineer shall designate established no stopping zones by placing and
maintaining appropriate signs indicating that stopping of vehicles is prohibited and indicating the
hours and days when stopping is prohibited.
B. During the hours and on the days designated on the signs, it is unlawful for the
operator of any vehicle to stop said vehicle on any of the streets or parts of streets established by
the city traffic engineer as no stopping zones.
10.44.060 All night parking prohibited in central business district — Exception.
No person shall stop, stand or park a vehicle on any street upon which signs are posted in
the central business district between the hours of two a.m. and five a.m. of any day or between
the hours established by resolution of the council.
Chapter 10.48
STOPPING FOR LOADING OR UNLOADING ONLY
Sections:
10.48.010 Loading zones—Marking—Authority-
10.48.020 Curb markings — Meanings — Authority to place.
10.48.030 Yellow loading zone —Time restrictions for loading and unloading.
10.48.040 White zones —Time restrictions for loading and unloading.
10.48.050 Standing in any alley.
10.48.060 Bus zones—Establishment—Authority.
10.48.070 Handicapped parking.
10.48.080 Violation — Penalty.
10.48.010 Loading zones — Marking — Authority.
A. The city traffic engineer is authorized to determine and to mark loading zones and
passenger loading zones as follows:
1. At any place in the central business district or any business district;
2. Elsewhere in front of the entrance to any place of business or in front of any hall or
place used for the purpose of public assembly.
B. Loading zones shall be indicated by yellow paint upon the top of all curbs in the
zones.
C. Passenger loading zones shall be indicated by white paint upon the top of all curbs in
the zones.
10.48.020 Curb markings — Meanings — Authority to place.
The city traffic engineer is authorized, subject to the provisions and limitations of this
chapter, to place, and when required herein shall place, the following curb markings to indicate
parking or standing regulations, and the curb markings shall have the meanings as set forth in
this section.
A. "Red" means no stopping, standing or parking at any time except as permitted by the
Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone.
B. "Yellow" means no stopping, standing or parking at any time between seven a.m. and
six p.m. of any day, except Sundays, for any purpose other than the commercial loading or
unloading of materials by a commercially registered and licensed vehicle or a professionally
signed passenger vehicle that displays an authorized commercial loading zone permit. The
commercial loading zone permit requirements and fee shall be established by resolution.
C. "White" means no stopping, standing or parking for any purpose other than loading or
unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which
shall not exceed three minutes, and such restrictions shall apply between seven a.m. and six p.m.
of any day, except Sundays, and except as follows:
1. When such zone is in front of a hotel or in front of a mailbox the restrictions shall
apply at all times.
2. When such zone is in front of a theater the restrictions shall apply at all times.
D. When the city traffic engineer as authorized under this chapter has caused curb
markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible
curb markings in violation of any of the provisions of this section.
10.48.030 Yellow loading zone —Time restrictions for loading and unloading.
A. No person shall stop, stand or park a vehicle in any yellow loading zone for any
purpose other than loading or unloading material for such time as is permitted in this section.
B. The loading or unloading of materials shall be allowed only for those deliveries made
by commercially registered and licensed vehicles or professionally signed passenger vehicles
displaying an authorized commercial loading zone permit that is used for commercial business
deliveries; also, the delivery or pickup of express and parcel post packages and United States
mail. All other passenger vehicles not meeting the sign and permit requirements may not use a
loading zone for any purpose except when the zone is not effective.
C. Permission herein granted to stop or stand a vehicle for the purpose of loading or
unloading materials shall not extend beyond the time necessary therefor, and in no event for
more than thirty minutes. Evidence that there was no activity involving the loading or unloading
of materials into or from a vehicle during any continuous period of time of eight minutes or
longer shall constitute prima facie evidence that the vehicle was parked longer than the time
necessary for loading or unloading. The council may, by resolution, temporarily extend the time
for unloading and loading of materials at select locations when it is deemed in the best interest of
the public due to temporary conditions such as construction, street or public parking lot closures.
10.48.040 White zones —Time restrictions for loading and unloading.
A. No person shall stop, stand or park any vehicle in any passenger loading zone or any
vehicle other than a taxicab in a specially marked loading zone for any purpose other then the
loading or unloading of passengers for such time as is specified in this section.
B. Permission herein granted to stop or park for purposes of loading or unloading
passengers shall include the loading or unloading of personal baggage and shall not extend
beyond the time necessary therefor and in no event for more than three minutes.
C. The council may, by resolution, allow taxicabs to stand in specially marked passenger
loading zones and regular parking spaces for extended periods of time providing the driver is
present in the cab.
D. Within the total time limits specified in this section the provisions of this section and
Section 10.44.030 shall be enforced so as to accommodate necessary and reasonable loading or
unloading, but without permitting abuse of the privileges hereby granted.
10.48.050 Standing in any alley.
No person shall stop, stand or park a vehicle for any purpose other than the loading or
unloading of persons or materials in any alley. Time limits for loading shall be as established in
Sections 10.44.020, 10.44.030 and 10.44.040, except that these limitations shall apply twenty -
four hours per day seven days a week, including Sundays and holidays. (Prior code § 3211.5)
10.48.060 Bus zones—Establishment—Authority.
A. The city traffic engineer is authorized to establish bus zones for the loading and
unloading of buses and common carriers or passengers, and to determine the location thereof.
B. Bus zones shall normally be established on the far side of an intersection. (Prior code
§ 3211.6)
10.48.070 Handicapped parking.
No person other than a person described in Vehicle Code Section 22511.5 shall stop, stand
or park in a parking space designated expressly for the use of handicapped persons.
A. The city traffic engineer shall designate special "blue curb" parking spaces for the
purpose of providing on -street parking for exclusive use by disabled persons.
B. The city traffic engineer shall designate parking stalls or spaces in publicly owned,
leased or controlled off -street parking facilities for exclusive use by disabled persons.
C. The city declares that there are privately owned and operated parking facilities which
may reserve parking space for exclusive use by disabled persons.
D. Designation of parking spaces for disabled persons shall be made by posting
immediately adjacent to and visible from same a sign consisting of the international symbol of
access; on -street spaces shall be designated by blue paint on the curb or edge of the paved
portion of the street adjacent to the space. All off -street parking facilities shall display a white on
blue sign not less than seventeen inches by twenty -two inches in size with lettering not less than
one inch in height, which clearly states: This facility is subject to public traffic regulations and
control. Unauthorized vehicles not displaying distinguishing license plates or placards issued for
physically handicapped persons will be issued citations and towed away at owners expense.
This sign shall also display the international symbol of access, and shall be posted at the
entrance to the parking facility or immediately adjacent to and visible from the reserved space(s).
E. No person shall park or stand any vehicle in a disabled persons parking space
designated as required in subsection D of this section, unless the vehicle bears a special license
or displays a special placard issued under the provisions of Section 9105 or Section 22511.5 of
the California Vehicle Code.
F. Blue curb on- street parking spaces shall be operative twenty -four hours a day,
Sundays and holidays included; off -street disabled persons parking spaces shall be operative at
all times the parking facilities in which they are located are open.
G. Parking zones for disabled persons are subject to any temporary parking prohibitions
established by the city including daily prohibitions necessary for traffic control, construction and
street maintenance.
H. Notwithstanding the provisions of Section 10.64.030, fines for violation of this
section shall be as set out in Vehicle Code Section 42001(a).
10.48.080 Violation— Penalty.
Every person convicted of a violation of any of the provisions of this chapter shall be
punished by a fine for each separate offense as provided in Section 10.64.020.
Chapter 10.52
RESTRICTED USE OF CERTAIN STREETS
Sections:
10.52.010 Advertising vehicles.
10.52.020 Non- motor -drawn vehicles.
10.52.030 Truck routes.
10.52.040 Commercial vehicles prohibited from using certain streets --Sign
posting.
10.52.050 Maximum gross weight limits of vehicles on certain streets.
10.52.010 Advertising vehicles.
No person, without prior permission of the council, shall operate or drive any vehicle used
solely for advertising purposes or any advertising vehicle equipped with a sound - amplifying or
loud speaking device upon any street or alley at any time within the central business district.
10.52.020 Non - motor -drawn vehicles.
A. No person shall drive any animal -drawn vehicle into or within the central business
district, and no person shall operate any non - motor -driven vehicle, cart, cab or other device for
hire within the central business district, except by special permit.
B. The chief of police shall establish, and make available upon request, administrative
procedures and standards for permit processing and approval.
C. A nonrefundable fee, as established by council resolution, may be required with each
permit application to defray administrative costs for processing and inspection.
10.52.030 Truck routes.
A. Whenever the city designates and describes any street or portion thereof as a street,
the use of which is permitted by any vehicle exceeding a maximum gross weight limit of five
tons, the city traffic engineer is authorized to designate such street or streets by appropriate signs
as "truck routes" for the movement of vehicles exceeding a maximum gross weight limit of five
tons.
B. When any such truck route or routes are established and designated by appropriate
signs, the operator of any vehicle exceeding a maximum gross weight limit of five tons shall
drive on such route or routes and none other except that nothing in this section shall prohibit the
operator of any vehicle exceeding a maximum gross weight of five tons coming from a "truck
route" having ingress and egress by direct route to and from restricted streets when necessary for
the purpose of making pickups and deliveries of goods, wares and merchandise from or to any
building or structure located on such restricted streets or for the purpose of delivering materials
to be used in the actual and bona fide repair, alteration, remodeling or construction of any
building or structure upon such restricted streets for which a building permit has previously been
obtained.
C. The provisions of this section shall not apply to (1) passenger buses under the
jurisdiction of the Public Utilities Commission, (2) any vehicle owned by a public utility, or (3)
any vehicle under contract to the city.
10.52.040 Commercial vehicles prohibited from using certain streets —Sign posting.
A. Whenever any resolution of the city designates and describes any street or portion
thereof as a street, the use of which is prohibited by any commercial vehicle, the city traffic
engineer shall erect and maintain appropriate signs on those streets affected by such designation.
B. Those streets and parts of streets established by resolution of the council are declared
to be streets, the use of which is prohibited by any commercial vehicle. The provisions of this
section shall not apply to passenger buses under the jurisdiction of the public utilities
commission or under contract to the city.
10.52.050 Maximum gross weight limits of vehicles on certain streets.
No person shall operate or drive a motor vehicle with a gross vehicle weight in excess of
five tons on any portion of Ironwood Avenue between California State Highway No. 41 and
Avalon Street. Vehicles with bona fide points of destination on this street segment and vehicles
subject to Sections 1032 and 1036, inclusive, of the Public Utilities Code are exempt from
compliance with this section. (Ord. 345, 1989)
Chapter 10.56
SPEED ZONES
Sections:
10.56.010 Speed limit designation.
10.56.020 Regulation of speed by traffic signals —Sign posting.
10.56.010 Speed limit designation.
Prima facie speed limits shall be determined by the city traffic engineer pursuant to
provisions set forth in the California Vehicle Code. A speed limit established pursuant to this
section shall be effective when appropriate signs giving notice thereof are erected upon a street.
The following speed limits are so designated:
Name of Street or Portion Affected
Speed Limit
(miles per hour)
Main Street: Yerba Buena Street to Atascadero road (State Highway 41)
40
Main Street: Atascadero Road (State Highway 41) to Radcliff
35
Main Street: Marina Street to Morro Bay State Park
30
Quintana Road: Morro Bay Blvd. to La Loma Ave.
35
Quintana Road: La Loma Ave. to Easterly City Limits
40
South Bay Blvd.: State Highway 1 to Southerly City Limits
40
Avalon Street: Laurel Avenue to Main Street
25
Atascadero Road: State Highway 1 to Embarcadero Road
25
Piney Way: Morro Bay Blvd. to Main street
25
Embarcadero road: Beach Street to Coleman Drive
30
Coleman Drive: Embarcadero Road to Morro Rock
25
10.56.020 Regulation of speed by traffic signals —Sign posting.
The city traffic engineer is authorized to regulate the timing of traffic signals so as to permit
the movement of traffic in an orderly and safe manner at speeds slightly at variance from the
speeds otherwise applicable within the district or at intersections, and may erect appropriate
signs giving notice thereof.
Chapter 10.60
OBSTRUCTIONS TO VISIBILITY
Sections:
10.60.010 Scope.
10.60.020 Intersections.
10.60.030 Exceptions.
10.60.040 Violations deemed nuisance — Abatement.
10.60.010 Scope.
No obstruction to cross - visibility shall be deemed to be excepted from the application of
this chapter because of its being in existence at the time of the adoption of the provisions set out
in this chapter, unless expressly exempted by the terms of this chapter.
10.60.020 Intersections.
At intersections not controlled by a stop sign or traffic signal, no plant, structure, or other
solid object over three feet high (above adjacent curb) which would obstruct visibility may be
located within the area indicated in Section 17.48.210 of the zoning regulations. At controlled
intersections, the city engineer may determine visibility requirements for proper sight distance.
10.60.030 Exceptions.
The provisions set out in Section 10.60.020 shall not apply to public utility poles; trees
trimmed (to the trunk) so that only the trunk obstructs the view; saplings or plant species of open
growth habits and not planted in the form of a hedge, which are so planted and trimmed as to
leave at all seasons a clear and unobstructed cross -view; and permanent buildings.
10.60.040 Violations deemed nuisance — Abatement.
In addition to the remedy by prosecution for violation of this chapter, any obstruction
maintained in violation of this chapter shall be deemed a nuisance, and upon failure to abate the
same within fourteen days after the posting upon the premises of notice to abate the nuisance,
signed by the director of public services or his or her authorized representative, they may enter
upon the premises and remove or eliminate the obstruction. In such event the cost to the city of
the abatement of the nuisance shall be a personal obligation against the owner of the premises
upon which the nuisance was maintained, recoverable by the city in an action before any court of
competent jurisdiction.
Chapter 10.64
PARKING REVENUES, FINES AND FORFEITURES
Sections:
10.64.010 Persons violating the provisions of title to be fined for each separate
offense.
10.64.020 Parking fines.
10.64.030 Disposition of fine and forfeitures.
10.64.010 Persons violating the provisions of title to be fined for each separate offense.
Every person convicted of a violation of any of the provisions of this title shall be punished
by a fine for each separate offense as provided in Section 10.64.030. For the purposes of this
section: (1) a separate offense occurs when the initial citation is issued for a parking violation;
and (2) an additional separate offense occurs, and an additional citation shall be issued,
whenever, after the issuance of any citation, the vehicle remains parked for a subsequent period
of time equaling or exceeding the parking limitation for the space or zone in which the vehicle is
parked.
10.64.020 Parking fines.
The fines for parking violations written under the provisions of the Morro Bay Municipal
Code and the California Vehicle Code shall be established by resolution of the council or as
included in this Title.
10.64.030 Disposition of fine and forfeitures.
All fines and forfeitures collected upon conviction or upon forfeiture of bail of any person
charged with a violation of any of the provisions of this title, shall be paid into the city treasury.
Sections:
10.68.010
10.68.020
10.68.030
10.68.040
10.68.050
10.68.060
10.68.070
10.68.080
10.68.090
Chapter 10.68
INOPERATIVE VEHICLES
Findings and declarations.
Exceptions.
Applicability of other laws.
Administration and enforcement.
Initiation of proceedings.
Notice of vehicle abatement—Service of notice.
Notice of vehicle abatement — Contents.
Hearing and determination.
Vehicle abatement.
10.68.100 Notice to Department of Motor Vehicles.
10.68.110 Collection of removal and administration costs.
10.68.010 Findings and declarations.
In accordance with the determinations made and the authority granted by the state under
Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative
vehicles, or parts thereof, as public nuisances, the council makes the following findings and
declarations:
The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles,
or parts thereof, on private or public property is found to create a condition tending to reduce the
value of private property, to promote blight and deterioration, to invite plundering, to create fire
hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors,
to create a harborage for rodents and insects, and to be injurious to the public health, safety and
general welfare. Therefore, the presence of such vehicles, or a part thereof, on private or public
property, as defined in Section 10.68.020, and except as expressly hereinafter permitted, is
declared to constitute a public nuisance which may be abated as such in accordance with the
provisions of this chapter as set forth under Section 38773.5 of the California Government Code.
10.68.020 Exceptions.
A. This chapter shall not apply to the following as set forth in Section 22661 of the
California Vehicle Code:
1. A vehicle or parts thereof, which is completely enclosed within a building in a lawful
manner where it is not visible from the street or other public or private property;
2. The storage of one vehicle or parts thereof which is located behind a solid fence six
feet in height and which is not plainly visible from a street, highway or other property;
3. A vehicle or parts thereof which is stored or parked in a lawful manner on private
property on an approved site in connection with the business of a licensed dismantler, vehicle
dealer, junk dealer, a towing service, or an auto repair or body shop, when such storage or
parking is necessary to the operation of an otherwise lawfully conducted business or commercial
enterprise.
B. Nothing in this section shall authorize the maintenance of a public or private nuisance
as prohibited in Chapter 8.14.
10.68.030 Applicability of other laws.
This chapter does not constitute the exclusive procedure for removal of abandoned,
wrecked, dismantled or inoperative vehicles within the city, but supplements and is in addition to
all other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the
county, the state or any other legal entity or agency having jurisdiction, relating thereto.
10.68.040 Administration and enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered
and enforced by the police chief of the city or such other persons as he or she shall designate as
enforcing officers, or by the city code enforcement officer, or other person(s) so directed by the
city manager.
10.68.050 Initiation of proceedings.
When the enforcing employee has reason to believe or observes that the accumulation and
the storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on public
or private property constitutes a public nuisance as described in Section 10.68.010, he or she
shall immediately investigate the same. In the performance of such investigation the enforcing
employee and his or her designees may enter upon private or public property to examine a
vehicle or parts thereof and to obtain information as to the identity and the ownership thereof.
10.68.060 Notice of vehicle abatement—Service of notice.
If the enforcing employee determines from his or her investigation that a public nuisance
exists, he or she shall serve or cause to be served, either by personal service or by registered or
certified mail, a copy of a notice of vehicle abatement upon every person concerned, including
the owner of the property on which the alleged public nuisance exists, as shown on the last
equalized assessment roll, and the last known registered and legal owner of the subject vehicle if
the identification numbers are available to determine ownership. If a notice sent by registered or
certified mail is returned unclaimed, a subsequent notice sent by first class mail, postage prepaid,
to the last known address of the party concerned shall be sufficient and such notice shall be
effective upon mailing. The failure of any person to receive such notice shall not affect in any
manner the validity of the proceedings taken under this chapter.
10.68.070 Notice of vehicle abatement — Contents.
The notice of vehicle abatement served pursuant to Section 10.68.070 shall contain the
following information:
A. The findings, in brief, that the vehicles constitute a public nuisance;
B. That it is the intention of the enforcing employee to abate the vehicles on the
premises, as both are described, fifteen days from service of notice of vehicle abatement, and that
the costs of removal may be assessed against the premises;
C. A common description of the premises by address or assessor's parcel number and a
description of the vehicles, including license numbers or identification numbers if these are
available on the vehicles;
D. That the owner of the property or any owner of the vehicles may, within ten days of
receipt of the notice, file a written request for a hearing before the council, or such person as they
may designate to hear the matter, to show any cause why the vehicles should not be abated by
the enforcing officer;
E. That the owner of the property on which the vehicles are located may either appear at
a hearing or present a sworn statement denying responsibility for the presence of the vehicles and
giving the reasons for the denial, and that such statement shall be deemed a request for a hearing
not requiring the presence of the requestor.
10.68.080 Hearing and determination.
A. All hearings under this chapter shall be held before the council, or any person they
may designate to hear the matter, who may hear all the relevant evidence pertaining to the
alleged public nuisance, including testimony on the condition of the vehicle or parts thereof, the
circumstances concerning its location on the private or public property, and the costs of removal
and disposal.
B. The hearing need not be conducted according to technical rules relating to evidence
and witnesses. The hearing shall commence within twenty days of the filing of the written
request, and it may be continued from time to time. Any person affected may be present at such
hearing, may be represented by counsel, may present testimony, and may cross - examine
witnesses. The owner of the land on which the vehicle is located may appear in person at the
hearing or present a sworn written statement in time for consideration at the hearing denying
responsibility for such denial.
C. After the conclusion of the hearing, the council or hearing officer may:
1. Impose such conditions and take such other action as it deems appropriate under the
circumstances to carry out the purposes of this chapter;
2. Delay the time for removal of the vehicle or parts thereof if, in its opinion, the
circumstances justify it; or
3. Find that the vehicle or parts thereof has been abandoned, wrecked, dismantled or is
inoperative on private or public property and order the same removed from the property as a
public nuisance and disposed of as hereinafter provided in Section 10.68.100; and determine the
administrative costs and the cost of removal and charge the same against the owner or other
person in possession of the parcel of land on which the vehicle or parts thereof is located, or
against the owner of the vehicles, or against them jointly. Any such order requiring removal shall
include a description of the vehicle or parts thereof, and the correct identification number and
license number of the vehicles if available at the site.
D. If it is determined at the hearing that the vehicle was placed on the land without the
consent of the landowner and that he or she has not subsequently acquiesced in its presence, the
city shall not charge the costs of administration or of removal of the vehicle against the property
upon which the vehicle is located or otherwise attempt to collect such costs from such
landowner.
E. If an interested party makes a written presentation to the council, but does not appear,
he or she shall be notified in writing of the decision.
10.68.090 Vehicle abatement.
After a finding has been made by the enforcing employee that any vehicle or parts thereof
is a public nuisance under this chapter and if no hearing has been requested pursuant to
subsections D and E of Section 10.68.080, or if the council after a hearing so orders, the vehicle
or parts may be disposed of by removal to a scrapyard or automobile dismantler's yard, or to any
suitable site operated by a local agency for processing as scrap or other final disposition
consistent with this section. The party removing the vehicle or parts thereof may in so doing
enter upon the private or public property on which it is located. Except as provided in the
Vehicle Code, after removal a vehicle shall not be reconstructed or made operative.
10.68.100 Notice to Department of Motor Vehicles.
Within five days after the date of removal of the vehicle or parts thereof, notice shall be
given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At
the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of
registration available, including registration certificate, certificate of title, and license plates.
10.68.110 Collection of removal and administration costs.
The council may, from time to time, determine and set an amount to be assessed as
administrative costs under this chapter. If no hearing is requested and held by the council, the
enforcing employee shall determine the cost of removal and charge the same against the owner
or other person in possession of the parcel of land on which the vehicle or parts thereof are
located or against the owner of the vehicle, or against them jointly. If the administrative costs
and the cost of removal which are charged against the owner of a parcel of land, pursuant to this
section or to Section 10.68.090 are not paid within thirty days of the date of the order, such costs
shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code
and shall be transmitted to the tax collector for collection. The assessment shall have the same
priority as other county and city taxes.
Chapter 10.72
BICYCLES AND MOTORIZED BICYCLES
Sections:
10.72.010 Definitions
10.72.020 Operation of bicycles and motorized bicycles
10.72.030 Violations and penalties
10.72.010 Definitions
For purposes of this chapter the words set out in this section are defined as follows:
A. A "bicycle" is a device as described in Section 231 of the California Vehicle Code.
B. A "motorized bicycle" is a device as described in Section 406 of the California
Vehicle Code.
C. The provisions of this chapter apply to bicycles and motorized bicycles.
10.72.020 Operation of bicycles and motorized bicycles.
A. As per California Vehicle Code Section 21200, every person riding a bicycle upon a
highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle
by Division 11 of the California Vehicle Code. However any police officer operating a bicycle
during the course and scope of his/her duties is exempt from the requirements of this chapter if
the bicycle is being operated under any of the following circumstances:
1. In response to an emergency call. .
2. While engaged in rescue operations.
3. In the immediate pursuit of an actual or suspected violator of the law.
B. It is unlawful to operate a bicycle on a roadway unless it is equipped with the required
equipment as set forth in California Vehicle Code Section 21201.
C. It is unlawful to violate any of the following provisions of the California Vehicle
Code:
Section 21202
Operation on Roadway
Section 21203
Hitching Rides
Section 21204
Riding on a Bicycle
Section 21205
Carrying Articles
Section 21207.5
Prohibited Operation of Motorized Bicycles
Section 21208
Permitted Movements from Bicycle Lanes
Section 21209
Motor Vehicles and Motorized Bicycles in Bicycle Lanes
Section 21210 Bicycle Parking
Section 21211 Obstruction of Bikeways or Bicycle Paths or Trails
D. It is unlawful to operate any bicycle which is in an unsafe condition, which is not
equipped as required by this code, or which is not safely loaded.
E. Any person under the age of 18 years old and any parent or legal guardian having
control or custody of an unemancipated minor, must comply with the requirements of California
Vehicle Code Section 21212 pertaining to helmets.
F. No person shall equip a bicycle with a siren or operate or use a bicycle so equipped;
provided, that nothing in this section prohibits the equipping, operation or use of a public safety
department bicycle with a siren as approved by the Chief of Police.
G. Every bicycle equipped with a carrier must have the carrier securely attached to the
bicycle.
H. Every bicycle that is equipped with handlebar grips must have the grips securely
fitted, glued or cemented to the handlebars.
I. No person shall ride or operate a bicycle upon any sidewalk in a business district
unless such sidewalk is officially designated as a bicycle route.
J. Any person riding or operating a bicycle upon any street where a bicycle lane or path
appropriate to his/her direction of travel is established and officially designated may ride or
operate such bicycle in such bicycle lane or path or on the sidewalk where otherwise allowed by
this code. "Street" means an way or place of whatever nature publicly maintained and open to
the use of the public for purposes of travel.
K. No person riding or operating a bicycle, moped, motorcycle, sled, toy vehicle, or any
other similar human- powered or motor - powered device upon a public right -of -way or upon park
or open space lands owned and/or controlled by the city shall tow any other vehicle or person,
including a skateboard and rider, except that bicycle trailers used for the delivery or
transportation of newspapers, magazines, people or merchandise may be towed when being used
in such activity.
L. No person riding or operating a bicycle, moped, skateboard, roller skates, roller
blades, sled, toy vehicle, or any other similar human- powered or motor - powered device upon a
public right -of -way or upon any land, property, or facilities owned or controlled by the city, shall
participate in any race, speed, or endurance contest unless such race, speed or endurance contest
has been approved by the city.
M. No person riding or operating a bicycle, moped, skateboard, roller skates, roller
blades, sled, toy vehicle, or motorcycle shall perform any acrobatic, fancy, stunt, or trick riding
upon a public right -of -way or upon any land, property, or facilities owned or controlled by the
city.
N. No person shall park a bicycle against any window or on the main - traveled portion of
the sidewalk, nor in such a manner as to constitute a hazard to pedestrians, traffic or property.
O. No person shall willfully or maliciously remove, destroy, mutilate or alter the
identification number of any bicycle frame.
10.72.030 Violations and penalties
Any person who is convicted of violation of any provision of this chapter is guilty of an
infraction, punishable by:
A. A fine not exceeding fifty dollars for a first violation;
B. A fine not exceeding one hundred dollars for a second violation of the same
ordinance within one year;
C. A fine not exceeding two hundred fifty dollars for each additional violation of the
same ordinance within one year.
Chapter 10.76
COASTERS, ROLLER SKATES AND SIMILAR DEVICES
Sections:
10.76.010 Use of prohibited on streets and sidewalks.
10.76.020 Application of foreign substance
10.76.030 Reckless skateboarding and rollerskating
10.76.040 Violations and penalties
10.76.010 Use of prohibited on streets and sidewalks.
A. Skateboarding and rollerskating shall be prohibited on any public street, sidewalk,
parking lot or other public property when such area is prohibited or restricted by resolution of the
city council.
B. Skateboarding and rollerskating shall be prohibited on any private property when the
owner or person in charge of the properly has posted an appropriate sign restricting or
prohibiting such use.
C. Skateboarding and rollerskating shall be prohibited on downtown streets between
Market Avenue and Shasta Avenue on Morro Bay Blvd. and between Dunes Street and Pacific
Street on Main Street when posted.
10.76.020 Application of foreign substance
It is unlawful for any person to apply any foreign substance, including wax, oil or other
similar material, whether as a solid or a liquid, on to or remove any non -slip material from any
curb, stair, railing, ramp, sidewalk, bench or other abutment for the purpose of aiding any stunt,
turn or other acrobatic action while riding a skateboard or rollerskates. Such application is
prohibited from any public or private property without notice.
10.76.030 Reckless skateboarding and rollerskating
No person shall use or operate any skateboard or rollerskate on any public or private
property in such a negligent and/or reckless manner with disregard for the safety of persons or
property, and/or interfere with the orderly flow and right -of -way of vehicular traffic in such a
manner as to be a hazard to pedestrians, vehicular traffic, the skateboarder /rollerskater
themselves, or any other persons.
10.76.040 Violations and penalties
Any person who is convicted of violation of any provision of this chapter is guilty of an
infraction, punishable by:
A. A fine not exceeding fifty dollars for a first violation;
B. A fine not exceeding one hundred dollars for a second violation of the same
ordinance within one year;
C. A fine not exceeding two hundred fifty dollars for each additional violation of the
same ordinance within one year.
Sections:
10.80.010
10.80.020
10.80.030
10.80.040
10.80.050
10.80.060
10.80.070
10.80.080
Chapter 10.80
OVERSIZE AND OVERWEIGHT VEHICLES
Purpose of provisions.
Permit—Required.
Permit—Application--Contents.
Permit—Good for one -time move only — Blanket permit issuance.
Permit — Denial— Restrictions— Permit holder's responsibilities.
Permit holder's responsibility for damages to public property.
Liability insurance required.
Notification of police department required prior to move.
10.80.010 Purpose of provisions.
The purpose of this chapter is to establish regulations and procedures for permitting the
movement of oversize and overweight vehicles and loads on city streets.
10.80.020 Permit — Required.
No vehicle or structure which exceeds the size and/or weight limitations established by the
California Vehicle Code shall be allowed on city streets without first obtaining a permit issued
by the city traffic engineer and complying with the conditions set forth by the permit.
10.80.030 Permit — Application— Contents.
Each permit application shall include a full description of the vehicle, and its contents, for
which the permit is issued. The description shall indicate the extent of the oversize and/or
overweight, the routes to be followed, date and time of day when the move will be made.
10.80.040 Permit —Good for one -time move only— Blanket permit issuance.
The permit issued shall be for a one -time move unless noted otherwise. Blanket permits
may be issued for a time period not to exceed one year, but may not be issued for vehicles or
loads which cannot be moved at normal traffic speeds.
10.80.050 Permit — Denial — Restrictions— Permit holder's responsibilities.
A. The city traffic engineer may deny the issuance of a permit or set special
requirements based upon public safety and the limitation of the street system to handle the
proposed vehicle or structure.
B. The permit holder is fully responsible to arrange with the appropriate utility
companies and with the city for the relocation and replacement of wires, poles, traffic- control
devices and other facilities. The permit holder shall not cut or trim trees, attach cables to them or
otherwise disturb them. The permit holder shall not puncture or mark the pavement in any way.
C. The permit holder shall not park the vehicle or structure upon a public street unless
the permit is so endorsed.
D. Upon completion of a move, and as directed by the city traffic engineer or the police
department, the permit holder shall clear the right -of -way of materials left by his or her operation
and restore it to the condition existing prior to the move.
10.80.060 Permit holder's responsibility for damages to public property.
The permit holder shall be responsible for the repair of all damage to public property,
including trees, pavement, curb, gutter, sidewalk, and other facilities both above and below
ground. The State of California financial responsibility laws shall apply in all cases where motor
vehicles are used.
10.80.070 Liability insurance required.
The permit holder is responsible for personal injury or private property damage which may
occur through any act or omission when acting under a permit; and in the event any claim is
made against the city or any department, officer, agent or employee thereof, by reason of, or in
connection with, any such act or omission, the permit holder shall defend, indemnify and hold
each of them harmless from such claim. The permit shall not be effective for any purpose unless
and until the permit holder files with the city traffic engineer an insurance certificate and an
"additional insured endorsement" to the satisfaction of the city attorney. The insurance certificate
supplied shall reflect the endorsement naming the city, its officers, agents and employees, as
additional insured, and indicate that the policy will not be canceled or the coverage reduced
without ten days' advance written notice to the city. The amount of coverage shall not be less
than that required by the California Vehicle Code for vehicles weighing in excess of seven
thousand pounds unladen weight per Section 16600.5 or such other amount considered
appropriate for unusually large or heavy loads which pose a substantial risk to public facilities, as
determined by the city engineer and city attorney.
10.80.080 Notification of police and fire departments required prior to move.
The permit holder shall notify the police and fire departments twenty -four hours in advance
of moving on the public streets and obtain clearances regarding the need for front and rear
escorts, sufficient personnel to handle traffic or utility problems and proper signing.
Sections:
10.84.010
10.84.020
10.84.030
10.84.040
10.84.050
10.84.060
10.84.070
10.84.080
10.84.090
10.84.100
10.84.110
10.84.120
10.84.130
10.84.140
Chapter 10.84
POLICE TOWING SERVICES
Establishment of authority
Definitions
Police tow service agreements
Agreement termination
Application
Compensation
Rates and fees
Independent contractor status
Requirements of tow service providers
City indemnification
Insurance
Police tow service provider files
Disputes and claims
Appeal
10.84.010 Establishment of authority
In exercise of their power, the City Council may regulate the operations of police towing
services contracted to the City to include rates and fees charged resulting from police towing
services requested pursuant to California Vehicle Code Section 21100(g). The chief of police is
authorized and directed to enter into and regulate police towing services contracted to private
tow companies. Tow service providers shall provide tow service to the City on request in
accordance with all the rules and regulations outlined in this Agreement. The provisions of this
Agreement shall apply only to the towing and storage of vehicles, contracted as a result of police
activity or in the performance of duties as a City contracted tow service provider.
10.84.020 Definitions
The following words shall have the meaning given herein:
"City" is the City of Morro Bay.
"Person" is any person, firm, partnership, association, corporation, company, or
organization of any kind.
"Tow Service Provider" is a person under contract with the City to provide the services of a
vehicle tow truck or trucks or towing service, whereby motor vehicles are towed or otherwise
moved by use of a tow truck so designed for that purpose or by a truck, automobile, or other
vehicle so adapted to that purpose. Tow Service Providers must be under current contract with
the California Highway Patrol to provide towing services unless granted an exception by the
Police Chief.
10.84.030 Police tow service agreements
Police tow service contracts are valid for a period of one year and effective from July 1st
through June 30th of the following year. Tow service providers will be required to sign an initial
Agreement, which will automatically renew annually unless canceled by either parry. The Chief
of Police may review the tow service agreement on an annual basis to evaluate the service
provided by the tow company. Only towing service providers under contract with the City as
provided herein shall be entitled to participate in the distribution of City towing service orders.
Any agreement entered into pursuant to these regulations shall not affect any other permit or
license requirements imposed by federal, state or local law.
10.84.040 Agreement termination
A. Default. The agreement may be terminated by the City if the tow service provider:
1. Ceases operations for any reason, or fails or refuses to promptly answer City calls for
towing services;
2. Fails to comply with the provisions of this chapter or the fee schedule;
3. Fails to respond to the twenty- minute maximum response time requirements without
previously notifying the police dispatchers.
B. Termination for Cause - If, through any cause, the tow service provider shall fail to
fulfill in a timely and proper manner its obligations under the contract, or if the tow service
provider violates any of the covenants, agreements or stipulations of the contract, the City will
thereupon have the right to terminate the contract by giving written notice to the tow service
provider of such termination and specifying the effective date thereof, at least three days before
the effective date of such termination.
Notwithstanding the above, the tow service provider will not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of the contract by the tow service
provider.
C. Termination for Convenience of the City - The City may terminate the contract at any
time by notice in writing from the City to the tow service provider at least five days before the
effective date of such termination.
D. Either party may terminate this Agreement at any time for any other reason by
tendering written notice to the other party thirty (30) days before the effective date of
termination. In the event of such termination, or at the expiration of this Agreement, within
fifteen (15) days of such date, Tow Service Provider shall prepare and file with City all written
reports required and due under this Agreement, a closing statement of any fees payable to City,
and remit full payment of all fees due and payable (if applicable).
10.84.050 Application
A. Application for tow services agreement shall be made to the Chief of Police by
submitting the following documents:
Copy of the California Highway Patrol Rotation Tow Listing Application
Copy of current liability and automotive insurance
Copy of Worker--s Compensation insurance
Copy of City of Morro Bay business license
Description of storage areas including photos
Description of all tow trucks including photos
B. An initial application hereunder shall be accompanied by a nonrefundable application
fee as determined by the City.
C. The Chief of Police may recommend to the City council that a contract be entered
into with the applicant if the operator meets all the requirements of these regulations, and any
other requirements imposed by federal, state or local law. The Chief of Police may regulate the
number of tow service providers.
10.84.060 Compensation
Tow service providers shall receive no compensation except those fees payable by
parties responsible for fees due to towing services rendered. In no event shall the City be under
obligation to compensate tow service provider for services rendered to other parties. As Tow
Service Provider's sole compensation for Services provided under this Agreement, Tow Service
Provider shall be entitled to keep and retain all profits realized from the lawful redemption, sale
or disposition of all vehicles, vehicle parts, or equipment removed, towed or stored under this
Agreement.
10.84.070 Rates and fees
A. Towing fees of the Tow Service Provider will be reasonable and not exceed those
rates established by the local area California Highway Patrol.
B. Rates and Charges shall be posted in the tow service provider--s office, visible to the
public.
C. A copy of the schedule of current rates shall be provided to the police department.
The police department shall be advised in writing of any proposed adjustment of the rates prior
to any change taking place. The Chief of Police must approve any rate changes.
D. In the event the police department accepts liability for a tow, no charge will be made
for storage fees to the City or other person or business.
10.84.080 Independent contractor status
A. The relationship between the tow service provider and the City is that of independent
contractor. The tow service provider is not an employee of the City, and is not entitled to the
benefits provided by the City to its employees, including, but not limited, to group insurance and
retirement plans.
B. The conduct and control of the services to be performed by the tow service provider
under this contract will lie solely with the tow service provider. The tow service provider will
perform its services for the City in accordance with currently approved methods and ethical
standards applicable to its professional capacity. The tow service provider will be free to practice
its profession and/or trade for others during those periods when it is not performing work under
the contract for the City.
C. The tow service provider will provide its own motor vehicles and will maintain and
operate the vehicles at its own expense. The vehicles will be maintained by the tow service
provider in a safe and serviceable condition and meet all California regulations.
10.84.090 Requirements of tow service providers
A. Response to Tow Requests.
1. Tow service providers shall be available for response within the incorporated area of
the City and within a reasonable distance of those limits on a twenty -four hour, seven -day per
week basis. Services originating as a result of a call from the police department shall not be
subcontracted to another contracting tow service provider or to any other person or business at
any time of the day or night.
2. Tow service providers shall be capable of responding a minimum of two tow service
vehicles within the defined area within twenty minutes. If the tow service provider is unable to
respond as required, the police dispatcher will be so advised so that another tow service may be
summoned.
3. Tow service providers shall conduct business in an ethical, orderly manner,
endeavoring to obtain and keep the confidence of the community. They will abide by the
decisions of police officers or code enforcement officers.
B. Training and Experience. Tow service provider shall provide proper and adequate
training and supervision of its agents and personnel. No charge will be permitted if, in the
opinion of the City, a charge, or part of a charge, results from inadequate training and/or
inexperience of the tow service provider, its employees, personnel, or agents. Each tow service
provider requesting an agreement shall have been operating as a towing service in the San Luis
Obispo County for not less than one year prior to requesting the agreement unless this
requirement is waived by the Chief of Police. Any tow truck driver employed by a tow service
provider shall have had sufficient training and/or experience to enable the driver to safely and
competently tow vehicles.
C. Employee Records. The tow service provider shall keep complete and accurate
records of its employees and maintain these records for at least two years after an employee or
agent leaves its employment, and that these records shall be made available to the office of the
Morro Bay City attorney upon request.
D. Towing and Storage Records. The tow service provider shall maintain complete and
thorough records of all City requested towing and storage transactions, including consecutively
numbered receipts and the same shall be open for inspection by the City at any reasonable time
with or without notice. The records and receipts shall be maintained in good condition in a safe
and secure area for a period of not less than two years and shall be kept longer if requested by the
City. Information in the records shall include times and dates of towage, locations from which
vehicles are towed, their descriptions, license numbers, etc. and the fees paid by the claimant of
the vehicle.
E. Office and Storage Facility. Tow service providers shall maintain a physical location
within five miles of the geographic boundaries of the City. The Chief of Police may exempt this
requirement. All structures and property involved in the operator's wrecking, towing and storage
operations shall be in compliance with all applicable building, fire, and zoning codes and
ordinances, and with all adopted or proposed land use plans. All towed vehicles must be stored
within an area that is screened from street view by a minimum six foot high view - obscuring
fence. No towed vehicle may be parked by the tow service provider or its employees or agents
outside its authorized and licensed storage yard.
F. Vehicle Storage. Tow service providers shall be solely responsible for the
safekeeping of all vehicles towed, and for any personal property within the towed vehicle. In
keeping with this responsibility, tow service providers shall provide secured areas in which
towed vehicles may be safely stored in an area until ready for release to authorized persons.
I. No vehicle will be stored in "inside storage" and charged as such without prior
approval of the police department watch commander.
2. Tow service providers shall have the capability for releasing vehicles between eight
a.m. and five p.m., normal business days (generally Monday through Friday or Saturday), and by
appointment after hours and during nonbusiness days.
3. Tow service providers have the responsibility for safeguarding all articles left in
impounded/stored vehicles. Bulk property left in vehicles will normally be listed on the vehicle
impound report by the police officers. Any article removed for any reason will be properly
identified on the tow service provider's copy of the impound report.
G. Abandoned Vehicles. Tow service providers will furnish the necessary personnel and
equipment to pick up, tow away and lawfully dispose of all motor vehicles abandoned in the City
or removed in violation of the 72 hour parking restrictions, irrespective of value, as designated
by the police department.
1. Abandoned vehicles will be removed from City streets and private property without
charge to the City if requested by police or code enforcement personnel. Abandoned vehicle
impounds requested by private property owners are not a police matter and will be subject to
rates and fees established by the tow company.
2. Abandoned vehicles will, if at all possible, be towed during Monday through Friday,
eight a.m. to five p.m.
H. Equipment. A tow service provider must have the following equipment:
1. A minimum of two tow trucks with at least one being a flat bed; each having at least
ten thousand pound gross vehicle weight capacity.
2. Each tow truck shall have a winch and cable; each of a weight bearing or pulling
capacity equal to the gross load capacity of the tow truck to which they are attached. Each boom
tow truck shall have cables at least one hundred fifty feet long. All winches shall have safety
dogs or equivalent braking devices.
3. Each tow truck shall be maintained in compliance with the provisions of sections
24605, 25300, 27700, and 27907 of the California Vehicle Code.
I. Other Duties.
1. Tow service providers shall, upon request by the police department, protect from
disturbance and touching all surfaces and contents of an impounded vehicle, until released from
such obligation by a representative of the police department.
2. Allow inspection for impounded or stored vehicles by any person estimating or
appraising damage to such vehicles, and shall assist police representatives making such
inspections.
3. Remove hazards and clean up debris at the area of a towing operation.
4. Comply with all instructions of City dispatchers, police officers, and fire personnel at
the scenes of towing operations.
J. Legal Requirements. All tow service vehicles and all tow vehicle operators will meet
all legal requirements in respect to proper licensing, mechanical equipment, emergency lighting,
towing, storage, lien selling, or junking. Tow service providers will comply with all vehicle code
sections pertaining to required equipment (VC 27700), lighting equipment (VC24605 -06, 25110,
25253), signs (VC27907), drivers (VC2430, 2431, 2436.5, 2436.7, 2432). Tow service providers
will also comply with Vehicle Code Section 10652 requiring the reporting of vehicles stored for
a period of thirty days or more.
K. Assignment of Tow Requests. The tow service provider will accept the decision of
the Chief of Police as it relates to the assignment of calls, if more than one business or company
operates as a tow service provider. The City will make every attempt to equally distribute the
calls - for - service on a "rotation" basis. The City retains the right to assign at its election, where in
its sole discretion it determines that a particular service or equipment is required and
convenience to the particular need, which would permit them, when they feel a particular
operator can service a particular need better than another, or has equipment more appropriate
than another, to exercise discretion in the assignment.
10.84.100 City indemnification
Tow service providers shall indemnify and save the City and its officers, agents and
employees harmless against all claims for damages to persons or property arising out of tow
service providers execution of the work, or otherwise by the conduct of the operator or its
employees, agents, subcontractors, or others (including the active and passive negligence of the
City, its officers, agents and employees) in connection with the execution of the work covered by
this agreement and any and all costs, expenses, attorney's fees and liability incurred by the City,
its officers, agents, or employees in defending against such claims, whether the same proceed to
judgment or not, except only for those claims arising from the sole negligence or willful conduct
of the City, its officers, agents, or employees. Further, tow service provider at his/her own
expense shall, upon written request by the City, defend any such suit or action brought against
the City, its officers, agents or employees.
Tow service providers shall reimburse the City for all costs and expenses (including but not
limited to fees and charges of engineers, attorneys, and other professionals and court costs)
incurred by City in enforcing the provisions of this section.
10.84.110 Insurance
A. Tow service provider shall, throughout the duration of its contract, maintain
comprehensive general liability and property damage insurance, or commercial general liability
insurance, covering all its operations, its agents and employees, performed in connection with the
contract including but not limited to premises and automobile.
B. Tow service provider shall maintain the following minimum limits:
General liability: combined single limit per occurrence - -two million dollars;
Automobile liability; combined single limit per occurrence - -two million dollars.
C. All insurance companies affording coverage to the tow service provider shall be
required to add the City of Morro Bay as "additional insured" under the insurance policy.
D. All insurance companies affording coverage to the tow service provider shall be
insurance organizations authorized by the Insurance Commissioner of the State Department of
Insurance to transact business of insurance in the state of California.
E. All insurance companies affording coverage shall provide thirty days' written notice
to the City should the policy be canceled before the expiration date. For the purposes of this
notice requirement, any material change in the policy prior to the expiration shall be considered a
cancellation.
F. Tow service provider shall provide evidence of compliance with the insurance
requirements listed above by providing a certificate of insurance, in a form satisfactory to the
City attorney, concurrently with the submittal of the application. A statement of the insurance
certificate which states that the insurance company "will endeavor" to notify the certificate
holder, "but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents or representatives" does not satisfy the requirements. The tow service
provider shall ensure that the above quoted language is stricken from the certificate by the
authorized representative of the insurance company.
G. Tow service provider shall provide a substitute certificate of insurance no later than
thirty days prior to the policy expiration date. Failure by the operator to provide such a
substitution and extend the policy expiration date shall be considered a default by tow service
provider.
H. Maintenance of insurance by the tow service provider as specified in this chapter
shall in no way be interpreted as relieving the tow service provider of any responsibility
whatever and the tow service provider may carry, at its own expense, such additional insurance
as it deems necessary.
I. Pursuant to Labor Code Section 3700, the tow service provider shall be insured
against liability for worker's compensation at the statutory limit or undertake self - insurance in
accordance with provisions of that code, and provide certification of such compliance as part of
the application process.
10.84.120 Police tow service provider files.
The chief of police or designee will maintain a record file of each tow service provider.
Such file will include the tow service provider's application for a tow services contract, a copy of
the contract, copy of insurance coverages, and a record of all inspections and complaints
regarding the respective tow service providers.
10.84.130 Disputes and claims.
The City council designates authority to the Chief of Police and/or the City Attorney or
authorized agent to settle any claim or dispute involving the City and the tow service provider.
10.84.140 Appeal
Any tow service provider whose application for a permit has been denied or whose permit
has been revoked may appeal in writing within five days of notice of such action to the City
Manager. The City Manager or his/her representative will review the decision for reasonableness
and may receive evidence and testimony from all interested parties. The decision of the City
Manager shall be final."
Chapter 10.88
STREET USE BY VEHICLES USED AS LIVING QUARTERS
Sections:
10.88.010 Prohibited on certain streets.
10.88.020 Individual use permit for residents on restricted streets.
10.88.030 Exhibit A — Streets designated.
10.88.010 Prohibited on certain streets.
Except as provided in Section 10.88.020, it is unlawful for any person to operate any
vehicle containing or carrying a compartment designed or used as temporary or permanent living
quarters for human occupancy, or to pull or tow any trailer designed or used as temporary or
permanent living quarters for human occupancy, over, across or upon any portion of portions of
the streets designated in Exhibit A, in Section 10.88.030.
10.88.020 Individual use permit for residents on restricted streets.
Upon application by any person residing on any street or portion of any street set forth in
Exhibit A, the traffic engineer may issue to such person an individual use permit, granting to
such permittee, the members of his/her household and his/her agents and employees, the right to
operate or tow the vehicles or trailers particularly described in such use permit over, upon and
across the streets designated in Exhibit A. The provisions of Section 10.88.010 shall not apply to
any person operating or towing any vehicle or trailer pursuant to such individual use permit.
10.88.030 Exhibit A — Streets designated.
Streets and portions of streets affected by use restrictions of this chapter are as follows:
All streets east of Juniper from Avalon to City Limits
Andros
Azure, except that portion of Azure Street lying westerly of Sandalwood Street
Bali
Beachcomber
Capri
Coral
Danmar
Driftwood
Easter
Formosa
Gilbert
Hatteras
Island
Java
Kodiak
Luzon
Mindoro
Nassau Court
Nassau Street
Oahu
Oceanside
Orcas
Panay
Rennel
Sandalwood, except for the portion of Sandalwood between Azure Street and Indigo Street
Sicily
Sienna
Tahiti
Terra
Tide
Trinidad
Toro Lane
Vashon
Verdon
Whidbey
Zanzibar
Chapter 10.92
OFF HIGHWAY VEHICLES
Sections:
10.92.010 Definitions.
10.92.020 Prohibition.
10.92.010 Definitions.
As used in this chapter, "off- highway motor vehicle" means and includes any motorcycle,
motor -driven cycle, minibike, trailbike, or motor vehicle commonly referred to as a sand buggy,
dune buggy, all - terrain vehicle (ATV) or jeep (38012 CVC).
10.92.020 Prohibition.
A. No person shall operate or drive any off - highway vehicle upon any public property
which is not held open to the public for vehicular use and which is not subject to the provisions
of the California Vehicle Code except for emergency vehicles, the vehicles of governmental
agencies and public utilities and the vehicles of persons holding a written permit from the city.
B. No person shall operate any off - highway motor vehicle on any private property of
another which is not held open to the public for vehicular use, and which is not subject to the
provisions of the California Vehicle Code except for emergency vehicles, the vehicles of
governmental agencies or public utilities and to persons or vehicles driven upon such property
without the written consent of the owner or person in lawful possession of such property. Such
written consent shall be displayed upon request of a peace officer and shall contain as a
minimum: the name and address of the person to whom the permit is issued; any restrictions as
to days or hours of operation; designation of a definite expiration date which will be
automatically six months from the date of issue if none is so designated; and signature of
property owner or person in lawful possession of such property.
C. It is unlawful for any person operating or driving an off - highway vehicle within the
city limits to violate any of the provisions of California Vehicle Code Division 16.5.
D. No person shall operate or drive an off - highway vehicle in such a manner as to
disturb the peace and quiet of any neighborhood or person by noise, dust, smoke, fumes or other
cause arising out of the operation of such vehicle.
142 9, FEAR,, &ATETAINININN" 01
,V,ections:
10.96.010 Amount designaten
10.96.010 Amount designated.
Unless otherwise specified in this Title all fines and penalties for violation of any
provisions of Title 10 will be established by resolution of the council.
This Ordinance shall take effect and be in force thirty (30) days from the date of its
I•. .•• and before the expiration of fifteen (15) days after its passage, it, • a summary of
shall be published once, with the names of the City Council members voting for and against the
same, in a newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held
• the 1 Ith day • May 2009, by motion • Councilmember Borchard and seconded •
Councilmember Smukler.
PASSED, APPROVED AND ADOPTED by the City Council • the City • Morro Bay
*n the 26th day of May 2009 by the following vote:
WOES:
Nom!u
ABSENT:
Noniu.
ABSTAIN:
Now-�
F.1XV119-alf
Bridgett(Bauer, City Clerk
Robert Schultz, City Atto me
ORDINANCE NO. 547
AN ORDINANCE OF THE CITY OF MORRO BAY
ADDING SECTION 9.06 TO THE MORRO BAY MUNICIPAL CODE
PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES
IN THE CITY OF MORRO BAY
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, in 1996 the voters of the State of California approved Proposition 215
(codified as Health and Safety Code Section 11362.5 et. seq. and entitled the "Compassionate
Use Act of 1996 ") legalizing the use of marijuana for specific medical purposes; and
WHEREAS, the State of California adopted SB 420 which clarified the scope of the
Compassionate Use Act and allowed cities and other governing bodies to adopt and enforce rules
consistent with SB 420; and
WHEREAS, the City of Morro Bay Municipal Code is silent with regard to the
regulation and location of medical marijuana dispensaries; and
WHEREAS, the City of Morro Bay has recently received inquiries regarding the
permitting and establishment of medical marijuana dispensaries; and
WHEREAS, on June 6, 2005, the Supreme Court decided in Gonzales v. Raich that
Congress's constitutional authority to regulate the interstate market in drugs extends to doctor -
recommended marijuana consumed under the Compassionate Use Act; and
WHEREAS, the Gonzales v. Raich ruling clarified that those who try to use marijuana as
a medical treatment risk legal action by the U.S. Drug Enforcement Agency or other federal
agencies, and that state law provides no defense; and
WHEREAS, the Federal Government maintains that the distribution and consumption of
marijuana for any purpose is a violation of federal law; and
WHEREAS, the California Attorney General has stated that Medical Marijuana
Dispensaries "are likely operating outside the protections of Proposition 215 and the MMP, and
that the individuals operating such entities may be subject to arrest and criminal prosecution
under California law"; and
WHEREAS, the conflict between federal and state law on medicinal marijuana calls into
question the City's ability to permit medical marijuana dispensaries as a legally permitted use;
and
WHEREAS, permitting a use that is illegal under federal law could result in detrimental
impacts for City residents, businesses, visitors, and medicinal marijuana patients and their
caregivers; and
WHEREAS, the Morro Bay City Council, at a duly noticed public meeting on April 13,
2009, considered oral comments and written information concerning the proposed amendment to
the Municipal Code.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. A new chapter 9.06 of the Morro Bay Municipal Code is hereby added to
read as follows:
Chapter 9.06
MEDICAL MARIJUANA DISPENSARIES
Sections:
9.06.010 Definitions.
9.06.020 Medical Marijuana Dispensary — prohibited.
9.06.030 Violation — separate offense.
9.06.040 Penalties.
9.06.010 Definitions
A. A medical marijuana dispensary is defined as any facility in a single fixed location
where a primary caregiver makes available, sells, transmits, gives, or otherwise provides medical
marijuana or cannabis for medical purposes to two or more qualified patients or persons with an
identification card in accordance with Health and Safety Code Section 151362.
B. A medical marijuana dispensary shall not include the following uses as long as the
location of such uses area is otherwise regulated by this Code or applicable law: a clinic licensed
pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a health care facility license
pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for
persons with chronic life - threatening illness, licensed pursuant to Chapter 301 of Division 2 of
the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter
32 of the Division 2 of the Health and Safety Code; a residential hospice or a home health
agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code; as long as
any such use complies strictly with applicable California and federal law.
C. "Primary Caregiver" shall have the same definition as in California Health and Safety
Code Section 11362.7(d) as it may be amended from time to time.
D. "Qualified Patient" shall have the same definition as in California Health and Safety
Code Section 11362.7 (f) as it may be amended from time to time.
E. "Identification Card" shall have the same definition as in California Health and Safety
Code Section 11362.7(g) as it may be amended from time to time.
F. "Person with an Identification Card" shall have the same definition as in California
Health and Safety Code Section 11362.7(h) as it may be amended from time to time.
9.06.020 Medical Marijuana Dispensary — prohibited.
A medical marijuana dispensary shall not be permitted within the City.
9.06.030 Violation — separate offense.
Any person who violates any provision of this chapter shall be guilty of a separate offense
for each and every day during any portion of which any such person commits, continues,
permits, or causes a violation thereof, and shall be penalized accordingly.
Ordinance No. 547 Page 2 of 3
9.06.040 Penalties.
Violation of any provision • this chapter is a misdemeanor unless the city attorney
authorizes issuance of an infraction citation • files a complaint charging the offense as an
infraction or the court upon the prosecutorial recommendation of the city attorney determines
that the offense is zil •
r4w.) It Inag
SECTION 3. This ordinance shall not be interpreted in any manner to conflict with
controlling provisions of state or federal law including without limitation the Constitution of the
State
• California • • the United States of America. If any section, subsection, • clause of this
ordinance shall • deemed to • unconstitutional • otherwise invalid, the validity of the
remaining sections, subsections, and clauses shall not be affected thereby.
Zi ii L' I 1� 111.1 1111211 IN
SECTION 5. The City Clerk shall cause this ordinance to be published once within
(ifteen (15) days after its passage in a newspaper • general circulation printed, published, and
circulated in the city in accordance with Section 36933 of the Government Code.
SECTION 6. This Ordinance shall expire October 13, 2009 unless, prior to that date, th;
City Council takes affirmative action to extend this Ordinance.
INTRODUCED at the regular meeting of the City Council held on the 13th day of April
7009, by motion of Mayor Peters and seconded • Councilmember Borchard.
PASSED, APPROVED AND ADOPTED by the City Council • the City • Morro Bay
on the 27h day of April 2009 by the following vote to wit:
AYES:
Borchard, Grantham, Smukler, Peters
NOES:
Winholtz
ABSENT:
None
ABSTAIN:
None
•
ATTEST:
WE TO& BAUER, City Clerk
PROV7
11 FORM:
ROBERT W. SCO�, Esq.
City Attorney
Ordinance No. 547 Page 3 of 3
ORDINANCE NO. 546
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY ESTABLISHING THE
MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT
(MBTBID), FINING THE BOUNDARIES THEREOF, AND PROVIDING FOR
THE LEVY OF A BUSINESS ASSESSMENT TO BE PAID BY
THE HOTEL BUSINESSES IN SUCH DISTRICT
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, on February 23, 2009, the City Council of the City of Morro Bay adopted
Resolution No. 08 -09 entitled, "Resolution of the City Council of the City of Morro Bay, California
Declaring Its Intention to Establish the Morro Bay Tourism Business Improvement District (MBTBID),
Declaring Its Intention to Levy an Assessment on Lodging Businesses Within Such District, and Fixing
the Time and Place of a Public Meeting and a Public Hearing Thereon and Giving Notice Thereof'; and
WHEREAS, as specified in such Resolution, the boundaries of the district encompass the City
of Morro Bay and there are no separate benefit zones within the district; and
WHEREAS, said Resolution was published and copies thereof were duly mailed and posted, all
as provided by state law and specified in the Resolution; and
WHEREAS, pursuant to Resolution No. 08 -09 a public meeting concerning the formation of
said district was held before the City Council on March 23, 2009 at 6 p.m. in the City Council Chambers
at the Veterans Hall located at 209 Surf Street in Morro Bay; and
WHEREAS, pursuant to Resolution No. 08 -09 a public hearing concerning the formation of said
district was held before the City Council on April 13, 2009 at 6 p.m. in the City Council Chambers at the
Veterans Hall located at 209 Surf Street in Morro Bay; and
WHEREAS, all written and oral protests made or filed were duly heard, and testimony for and
against the proposed action was received and considered; and
WHEREAS, the City Council determined that there was no majority protest within the meaning
of Streets and Highways Code Section 36525, as written protests were not received from owners of
businesses in the proposed district which would pay fifty percent (50 %) or more of the assessments
proposed to be levied; and
WHEREAS, protests are weighted based on the assessment proposed to be levied on each hotel.
For purposes of the initial formation of the district, the proposed assessment to be levied was calculated
based on the assessment rate multiplied by the most recent available data for the hotels' rental revenues.
Ordinance 546 - MBTBID
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro Bay as
follows:
SECTION 1. Pursuant to authority granted under the Parking and Business Improvement Area
Law of 1989, California Streets and Highways Code Sections 36500 et seq., the City of Morro Bay
Tourism Business Improvement District (MBTBID) is hereby established in the City of Morro Bay as
herein set forth and all hotel establishments in the district established by this ordinance shall be subject
to any amendments made hereafter to said law or to other applicable laws.
SECTION 2. The City Council of the City of Morro Bay finds that hotel establishments within
the Morro Bay Tourism Business Improvement District will be benefited by the improvements and
activities funded by assessments to be levied.
SECTION 3. Chapter 3.60 (Tourism Business Improvement District) is hereby added to Title 3
(REVENUE AND FINANCE) of the Morro Bay Municipal Code to read as follows:
3.60.010 Title.
This chapter shall be known as the "City of Morro Bay Tourism Business Improvement District
Law."
3.60.020 Definitions.
A. "City Council" shall mean the City Council of the City of Morro Bay.
B. "City Advisory Body" shall mean the Advisory Body appointed by the City Council,
pursuant to this chapter.
C. "District" shall mean the City of Morro Bay Tourism Business Improvement District (or
"MBTBID") created by this chapter and as delineated in Section 3.60.040.
D. "Hotel" shall mean any structure, or any portion of any structure, which is occupied or
intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and
includes any hotel, motel, or bed and breakfast that pays Transient Occupancy Tax. For purposes of this
chapter the definition of "hotel" shall not include RV parks and vacation rentals.
E. "Law" shall mean the Parking and Business Improvement Area Law of 1989, California
Streets and Highways Code Sections 36500 et seq., as amended.
F. "Operator" shall mean the person who is the proprietor of the hotel, whether in the capacity
of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator
performs his /her functions through a managing agent of any type or character other than an employee,
the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the
same duties and liabilities as his /her principal. Compliance with the provisions of this chapter by either
the principal or the managing agent shall, however, be considered to be compliance by both.
G. "Transient" means any person who exercises occupancy or who is entitled to occupancy, by
reason of concession, permit, right of access, license, or other agreement for a period of thirty (30)
consecutive calendar days or less, counting portions of calendar days as full days.
3.60.030 Authorized Uses.
This ordinance is made and enacted pursuant to the provisions of the Parking and Business
Improvement Area Law of 1989 (Sections 36500, et. seq., of the Streets and Highways Code) (the
"law "). The purpose of forming the district as a business improvement area under the Parking and
Ordinance 546 - MBTBID 2
Business Improvement Area Law of 1989 is to provide revenue to defray the costs of services, activities
and programs promoting tourism which will benefit the operators of hotels in the district through the
promotion of scenic, recreational, cultural and other attractions in the district as a tourist destination. It is
the intent of this chapter to provide a supplemental source of funding for the promotion of tourism in the
district. The specific services, activities and programs to be provided by the district are as follows:
A. The general promotion of tourism within the district is to include costs as specified in the
business plan to be adopted annually; and
B. The marketing of conference, group, and film business that benefits local tourism and the
local hotel industry in the district; and
C. The marketing of the district to the travel industry in order to benefit local tourism and the
local hotel industry in the district.
3.60.040 Boundaries.
The boundaries of the MBTBID shall be the boundaries of the City of Morro Bay.
3.60.050 Levy of assessment and exemptions.
The MBTBID shall include all hotel businesses located within the MBTBID boundaries.
Commencing June 1, 2009, the assessment to be levied on all hotel businesses within the M3TBID
boundaries shall be based upon 3% of the rent charged by the operator per occupied room per night for
all transient occupancies. Commencing on June 1, 2010, and from year to year thereafter, the assessment
to be levied on all hotel businesses within the MBTBID boundaries shall be based upon 2% of the rent
charged by the operator per occupied room per night for all transient occupancies. The assessment shall
be collected monthly, based on percent ( %) of the rent charged by the operator per occupied room per
night in revenues for the previous month. New hotel businesses within the boundaries shall not be
exempt from the levy of assessment authorized by Section 36531 of the law. Assessments pursuant to
the MBTBID shall not be included in gross room rental revenue for the purpose of determining the
amount of the transient occupancy tax. The value of extended stays of more than thirty (3 0) consecutive
calendar days shall be exempt from the levy of assessment.
3.60.060 Annual review of assessment.
All of the assessments imposed pursuant to this chapter shall be reviewed by the Morro Bay City
Council annually, based upon the annual report prepared by the Advisory Board appointed pursuant to
this chapter and Sections 36530 and 36533 of the law. After approval of the annual report, the Morro
Bay City Council shall follow the hearing process as outlined in Section 36534 of the law. At the public
hearing the Morro Bay City Council shall hear and consider all protests. If written protests are received
from hotel businesses in the district paying fifty percent (50 %) percent or more of the annual
assessment, no further proceedings to continue the levy of assessments shall take place. The protests
shall be weighted based upon the annual assessment for the prior year by each hotel business.
3.60.070 Imposition of assessment.
The Morro Bay City Council hereby levies and imposes and orders the collection of an additional
assessment to be imposed upon hotel businesses in the district described above, which shall be
calculated pursuant to Section 3.60.050 above. Such levy shall begin on June 1, 2009.
Ordinance 546 - MBTBID 3
3.60.080 Use of revenue.
The activities to be provided by the MBTBID will be funded by the levy of the assessments and
any voluntary contributions. The total revenue from the levy of assessments and any other voluntary
contributions within the MBTBID shall not be used to provide improvements or activities outside the
MBTBID or for any purpose other than the purposes specified in the resolution of intention. The
proceeds of the hotel business assessment and any other voluntary contributions shall be spent to
administer marketing and visitor programs to promote the City of Morro Bay as a tourism visitor
destination. All funds shall be expended consistent with the purposes of this Section. Funds remaining at
the end of any MBTBID term may be used in subsequent years in which MBTBID assessments are
levied as long as they are used consistent with the requirements of this Section. The Morro Bay City
Council shall consider recommendations made by the Advisory Board created by Section 3.60. 100 of
this ordinance as to the use of assessment revenue.
3.60.090 Delinquency, penalty and interest.
Any hotel business that fails to remit any assessment imposed by this ordinance within the time
required shall pay a penalty of ten percent (10 %) of the assessment amount in addition to the
assessment. Any and all remedies available to the City of Morro Bay for non - payment of assessment or
taxes shall be applicable in the event of non - payment of an assessment under this chapter. Any penalty
and interest fees collected from a hotel business due to delinquency shall go to the City of Morro Bay.
3.60.100 Advisory board.
The City Council shall appoint an Advisory Board pursuant to Section 36530 of the California
Streets and Highways Code in order to make recommendations to the City Council on the expenditure of
revenues derived from the levy of assessments, on proposed improvements and activities, and on the
method and basis of levying assessments. The City Council may, by resolution, adopt bylaws governing
the membership and operations of the Advisory Board.
3.60.110 Severability.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of the ordinance. The Morro Bay City Council hereby
declares that it would have passed this ordinance and each section, subsection, sentence, clause and
phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences,
clauses or phrases hereof be declared invalid or unconstitutional.
3.60.120 Modification or disestablishment.
The City of Morro Bay, by ordinance, may modify the provisions of this chapter and may
disestablish the district or parts of the district, after adopting a resolution of intention to such effect.
Such resolution shall describe the proposed change or changes, or indicate that it is proposed to
disestablish the district, and shall state the time and place of a hearing to be held by the Morro Bay City
Council to consider the proposed action. If the operators of hotels which pay fifty percent (50 %) or more
of the assessments in the district file a petition with the City Clerk of the City of Morro Bay requesting
the Morro Bay City Council to adopt a resolution of intention to modify or disestablish the district, the
Morro Bay City Council shall adopt such resolution and act upon it as required by law. Signatures on
such petition shall be those of a duly authorized representative of the operators of hotels in the district.
In the event the resolution proposes to modify any of the provisions of this chapter, including changes in
Ordinance 546 - MBTBID 4
Tterim-nate-ff
protest is made by the operators of hotels which pay fifty percent (50%) or more of the assessments in
the district, or in the district as it is proposed to be enlarged.
In the event the resolution proposes disestablishment • the district, the Morro Day City Council
shall disestablish the district, unless at such hearing protest against disestablishment is made by the
*perators of hotels paying fifty percent (50%) or more of the assessments in the district.
3.60.130 Effective date.
The City Clerk of the City of Morro Bay shall certify to the passage of this ordinance by the Morro
Bay City Council and cause it to be posted in three conspicuous places in the City of Morro Bay and it
shall take effect on the thirty-first day after it is approved by the Morro Bay City Council.
SECTION 4. The City Clerk shall cause this ordinance to be published once within fifteen (15)
days after its passage in a newspaper of general circulation, printed, published and circulated in the city
in accordance with Section 36933 • the Government Code.
INTRODUCED at the regular meeting • the City Council • the City of Morro Bay held on the
13th day • April 2009, by motion of Councilmember Borchard and seconded by Councilmember
Smukler.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay on thq
27th day of April 2009 by the following vote to wit:
AYES: Borchard, Grantham, Smukler, Winholtz, Peters
NOES: None
ABSENT: None
ABSTAIN: None
10
el
JANICE PETER ,"`Mayor
� M
BRIDGETtBAUER, City Clerk
QOJ4. V5Lj Tot
15- Oul
WA�
ORDINANCE NO. 545
AN ORDINANCE OF THE CITY OF MORRO BAY
TO AMEND MORRO BAY MUNICIPAL CODE TITLE 5 BUSINESS LICENSES AND
REGULATIONS, CHAPTER 5.04, SECTION 5.04.160 DURATION OF LICENSE,
AND SECTION 5.04.260 FEE PAYMENT — PRORATING
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
The City Council of the City of Morro Bay does ordain Morro Bay Municipal Code, Title 5
Business Licenses and Regulations, Chapter 5.04, Section 5.04.160 — "Duration of license" and
Chapter 5.04, Section 5.04.260 — "Fee payment— Prorating" be amended as follows:
WHEREAS, Title 5 of the Morro Bay Municipal Code sets forth duties and responsibilities
of the business licensing and regulation of businesses in the City; and
WHEREAS, the City desires to exempt change the business license annual period to
coincide with the business start date; and
WHEREAS, the City of Morro Bay needs to amend Chapter 5.04, Sections 5.04.160 and
5.04.260 in order to make this change; and
WHEREAS, following the Public Hearing, and upon consideration of the testimony of all
persons, the City Council of the City of Morro Bay does ordain Chapter 5.04, Section 5.04.160 —
"Duration of license" and Section 5.04.260 — "Fee Payment— Prorating" be amended as follows:
5.04.160 Duration of License.
All licenses issued hereunder shall expire on the last day of the month occurring I year after
the effective date of issue.
5.04.260 Fee payment
A. Unless otherwise specifically provided, all annual license taxes, under the provisions of
this chapter, shall be due and payable in advance each year on the first day of the month following
license expiration.
B. Except as otherwise herein provided, license fees, other than annual, required hereunder
shall be due and payable as follows:
1. Semiannual license fees on the first day of July and the first day of January each year.
2. Quarterly license fees on the first day of July, October, January, and April of each year;
3. Monthly license fees on the first of the month;
4. Weekly license fees on Monday of each week in advance;
5. Daily license fees each day in advance.
2
4. Weekly license fees on Monday of each week in advance;
5. Daily license fees each day in advance.
The City Clerk shall cause this ordinance to be published once within fifteen (15)
days after its passage in a newspaper of general circulation, printed, published a
circulated in the city in accordance with Section 3•933 of the Government Code.
INTRODUCED at the regular meeting of the City Council held on the 23'd day
of March 2009, by motion of Councilmember Grantham and seconded by
Councilmember Borchard.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Morro Bay, on the 13th day • April 2009 by the following vote to wit:
It
Borchard, Grantham, Smukler, Winholtz, Peters
None
None
sm
'li C4
ORDINANCE NO. 543
EXTENSION OF AN INTERIM URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA
MODIFYING THE DEVELOPMENT REVIEW FOR PARCELS IN THE
R -1 DISTRICT ZONE THAT EXCEED 2,500 SQUARE FEET
PENDING COMPLETION OF STUDIES AND THE PREPARATION
OF AN UPDATE TO THE CITY'S ZONING CODE
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City of Morro Bay ( "City ") has adopted a Local Coastal Plan, Land Use
Element and the Housing Element of the General Plan; and
WHEREAS, one of the primary goals in the City's Local Coastal Plan is to maintain "an
aesthetically pleasing community that maintains the `small town fishing village' image
with new development that compliments existing development and does not detract from
the natural environment." Other important goals and principles in the City's LCP are:
Views of unique and varied coastal scenes are important to people both in
terms of aesthetics and functional qualities. Viewing an attractive scene can
be, for many, a rewarding experience. For other people, scenic views give
identity, character and value to their community.
• The City shall enhance community character with zoning regulations that limit
height, size, and other issues to assure that new development occurs as part of
a community pattern and character.
The City shall require new development, including industrial development, in
scenic and highly scenic areas and at scenic viewpoints to be sited and
designed to protect views to and along the ocean and coastal areas, to
minimize the alteration of natural land forms, to be visually compatible with
the character of surrounding areas, and to restore and enhance visual quality in
visually degraded areas.
• The City shall, where appropriate, require new development located in scenic
and highly scenic areas or adjacent to scenic view areas to consider
height/bulk relationships that are compatible with the character of surrounding
areas or compatible with neighborhoods or special communities that, because
of their unique characteristics, are popular visitor destination points for
recreational uses; and
WHEREAS, concerns regarding the impacts of height and density of large single - family
dwellings have recently been raised by the community after several projects were
approved under the current regulations; and
WHEREAS, the combined height and massing of these large single - family dwellings can
tower over and dwarf existing adjacent dwellings and can be wholly at odds with the
existing scale and character of the neighborhood; and
WHEREAS, large single - family dwellings could substantially reduce the overall amount
of open space in the neighborhood and have a significant detrimental impact on adjacent
neighbors' access to light, air, and privacy; and
WHEREAS, the proliferation of such large single - family dwellings continues to raise
concerns in the community regarding undesirable aesthetic impacts and has contributed
to an erosion of the small town character of Morro Bay; and
WHEREAS, if current development review of single - family dwellings is permitted to
continue, housing could be developed which would severely impact existing residences,
would be incompatible with the existing neighborhood's scale and character, and would
be contrary to the neighborhood's historic development pattern; and
WHEREAS, the potential for development of single - family dwellings under the
currently specified review process poses a current and immediate threat to the public
health, safety, and welfare of the residents, and the approval of permits without
discretionary review for such development would result in a threat to the public health,
safety, and welfare; and
WHEREAS, in an effort to develop comprehensive, consistent and appropriate revisions
to the City's zoning ordinance relating to single - family dwellings, the City Council has
already directed Staff to proceed with a comprehensive study (1) of the City's current
zoning ordinance, and (2) as necessary, to prepare new standards and review processes
for single — family dwellings; and
WHEREAS, pursuant to section 65858 of the California Government Code, the City
Council may, in order to protect the public health, safety, and welfare, adopt as an
urgency measure an interim ordinance prohibiting any uses that may be in conflict with
the contemplated modified development standards that the City Staff is studying.
Therefore, it is necessary to establish on an interim basis the following development
review for single - family residential projects; and
WHEREAS, on September 24, 2007, the City Council adopted Ordinance No. 533
entitled "An Interim Urgency Ordinance of the City Council of the City of Morro Bay,
California Extending Temporarily the Development Review for Parcels in the R -1
Districts Zone that Exceed 2,500 Square Feet Pending Completion of Studies and the
Preparation of an Update to the City's Zoning Code" which Ordinance expires forty -five
Ordinance No. 543 Page 2 of 4
Interim Urgency Ordinance Further Extension — RI District
days (45) days from the date of its adoption, pursuant to the requirements of Government
Code Section 65858; and
WHEREAS, on October 22, 2007, the City Council held a duly noticed public hearing to
consider extending the Interim Urgency Ordinances for a period of ten (10) months and
fifteen (15) days pursuant to Government Code section 65858(a); and
WHEREAS, on September 22, 2008, the City Council held a duly noticed public hearing
to consider extending the Interim Urgency Ordinances for an additional year pursuant to
Government Code section 65858(a).
NOW THEREFORE, the City Council of the City of Morro Bay does ordain as follows:
SECTION 1. The purpose of this ordinance is to require additional development review
for the issuance of building permits for single - family dwellings in the Single - Family
Residential (R -1) District. A Single - Family dwelling within the R -1 District that is larger
than 2,500 square feet may be permitted only after obtaining a Conditional Use Permit
pursuant to Chapter 17.60. The calculation of square footage shall consist of the area
within the exterior walls of a dwelling, not including the first 400 square feet of garage
space. The garage area in excess of 400 square feet shall be included as part of the square
footage.
SECTION 2. Notwithstanding any provision of the Morro Bay Municipal Code to the
contrary, there shall be no issuance of a building permit for a single- family residential
dwelling larger than 2,500 square feet in the R -1 District until a Conditional Use Permit
is issued by the City of Morro Bay.
SECTION 3. This Interim Urgency Ordinance shall not apply to any applications for
projects submitted to City Staff prior to September 24, 2007 that have been deemed
complete and have a vested right.
SECTION 4. This Interim Urgency Ordinance is enacted pursuant to the authority
conferred upon the City Council of the City of Morro Bay by Government Code Sections
65858, 36934 and 36937, and shall be in full force and effect immediately upon its
adoption by a four -fifths (4/5) vote of the City Council as if and to the same extent that
such Ordinance had been adopted pursuant to each of the individual sections set forth
herein.
SECTION 5. In adopting this Interim Urgency Ordinance, the City Council finds and
determines that each of the recitals contained in this Ordinance are true and correct, and
that the adoption of this Interim Urgency Ordinance is necessary to protect the public
health, safety, and welfare as those terms are defined in Government Code Section
65858(a).
SECTION 6. This Interim Urgency Ordinance is adopted pursuant to Government Code
Section 65858 and these provisions, as previously adopted in Interim Urgency Ordinance
Ordinance No. 543 Page 3 of 4
Interim Urgency Ordinance Further Extension — R1 District
Nos. 533 and 535, are extended for an additional year and shall remain in full force
effect until September 21, 2009 or sooner upon certification of any zoning amendme-In
adopted • the City Council.
SECTION 7. Any provision of the Morro Bay Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay
on the 22nd day of September 2008 by the following vote to wit:
[WA-W
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
NONE
J IE BOUCHER, Deputy City Clerk
F.111 W W t'11 W Iff.Mv 110 KIT-1169
ROBERT SCHULTZ, it Attorney
Ordinance No. 543 Page 4 of 4
Interim Urgency Ordinance Further Extension — RI District
ORDINANCE NO. 542
EXTENSION OF AN INTERIM URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE,
PROCESSING AND APPROVAL OF APPLICATIONS AND PERMITS TO
CONSTRUCT, MODIFY OR PLACE WIRELESS COMMUNICATIONS
FACILITIES PENDING COMPLETION OF STUDIES AND THE PREPARATION
OF AN UPDATE TO THE CITY'S ZONING ORDINANCE CODE
THE CI'T'Y COUNCIL
City of Morro Bay, California
WHEREAS, Government Code Section 65858 allows a City, without following the procedures
otherwise required prior to adoption of a zoning ordinance, to adopt, as an urgency measure, an interim
ordinance prohibiting any uses which may be in conflict with contemplated general plan, specific plan,
or zoning proposals which the legislative body, Planning Commission, or Planning Department is
intending to study within a reasonable time; and
WHEREAS, the City of Morro Bay is in the process of a comprehensive update and
amendments to the City's Zoning Ordinance, which amendments are currently pending review by the
California Coastal Commission; and
WHEREAS, until such time that the Coastal Commission concludes its review and the City
adopts and institutes new land use regulations governing permit applications for the construction,
modification, or placement of wireless communications facilities, the community is in jeopardy that
wireless communications facilities could be constructed, modified, or placed prior to the imposition of
new regulations necessary for the protection of the public health and welfare; and
WHEREAS, the City Council finds and determines that the approval of pending or new
applications for wireless communications facilities during the Moratorium period, in which possible
amendments to the Zoning Ordinance are being studied, could result in conflicts with any proposed
amendments and would undermine the purpose of studying such amendments, thereby reducing the
quality of life within the community to the extent that the overall public health, safety and welfare are
detrimentally affected; and
WHEREAS, the City's current wireless communications facilities regulations are deficient in
several areas which resulted in litigation against the City; and
WHEREAS, changes in wireless communication technology, as well as project increases in
residential and commercial development throughout the City, coupled with the desire of wireless
communication providers to increase wireless communication services in the City and surrounding area
will likely produce additional permit applications for the placement or modification of wireless
communications facilities within the City of Morro Bay and result in further litigation; and
WHEREAS, significant concerns have been raised by the litigation against the City and by the
community regarding the inadequacy of the current regulations to address the increasing number of new
technologies of wireless communications facilities, and their failure to ensure informed, consistent,
uniform, and fair decisions on permit applications for new and /or modified wireless communications
facilities throughout the City; and
Ordinance 542 Page 2 of 5
WHEREAS, citizens of the City of Morro Bay have expressed concerns regarding the impact
that a proliferation of wireless communications facilities within the City may have on the community as
a whole, including safety, noise, lighting, visibility, adverse visual impacts, and the incompatibility of
commercial uses in residential zones; and
WHEREAS, citizens of the City of Morro Bay have a desire that the City receive adequate
wireless telecommunication service provided that the facilities are designed and located to minimize the
concerns described above; and
WHEREAS, it is the intent of the Morro Bay City Council to adopt new zoning regulations
pertaining to wireless communications facilities in order to provide clear, consistent, and uniform
guidance to wireless communication service providers regarding the siting and design of wireless
communications facilities while also addressing the significant community concerns described above,
and to better reflect the City's siting and regulatory objectives for wireless communications facilities, all
within the limitations specified within the Telecommunications Act of 1996; and
WHEREAS, the Morro Bay City Council has determined that a temporary Moratorium on the
approval of applications to construct, modify or place wireless communications facilities will allow the
Coastal Commission time to complete its review and for the City to adopt revisions to its Wireless
Communications Facility Regulations while ensuring to the maximum extent feasible that the siting and
other objectives of the revised ordinance may be achieved; and
WHEREAS, on June 9, 2008, the City Council adopted Ordinance No. 541 entitled "An
Interim Urgency Ordinance of the City Council of the City of Morro Bay, California Establishing a
Temporary Moratorium on the Acceptance, Processing and Approval of Applications and Permits to
Construct, Modify or Place Wireless Communications Facilities Pending Completion of Studies and the
Preparation of an Update to the City's Zoning Ordinance ", which Ordinance expires forty -five days (45)
days from the date of its adoption, pursuant to the requirements of Government Code Section 65858;
and
WHEREAS, on July 14, 2008, the City Council held a duly noticed public hearing to consider
extending the Interim Urgency Ordinance for a period of ten (10) months and fifteen (15) days pursuant
to Government Code section 65858(a); and
WHEREAS, for reasons set forth above, this ordinance is declared by the Morro Bay City
Council to be necessary for preserving the public peace, health, or safety and to avoid a current,
immediate and direct threat to the health, safety, or welfare of the community, and the "Whereas"
clauses above taken together constitute the City Council's statements of the reasons constituting such
necessity and urgency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY does
ordain as follows:
SECTION 1. The City Council finds and determines the foregoing recitals to be true and
correct and hereby makes them part of this ordinance.
Ordinance 542 Page 3 of 5
SECTION 2. The City Council finds and determines, for the reasons stated in the recitals, the
adoption of this ordinance is exempt from CEQA under Sections 15061(b)(3), 15307, 15308, and
15183 of the State CEQA Guidelines.
SECTION 3. The City Council hereby directs the Public Services Department to continue to
work on the preparation of amended zoning regulations governing the construction, modification, and
placement of wireless communications facilities within the City of Morro Bay, and submit them for
consideration by the Planning Commission and City Council.
SECTION 4. Until such time as the Coastal Commission concludes the review described above
and the City adopts new Wireless Communications Facility Regulations, the City of Morro Bay hereby
declares a Moratorium on the approval of permit applications to construct, modify or place wireless
communications facilities, as defined in Section 5 below.
SECTION 5. For purposes of this Ordinance, the following definitions shall apply:
a. "Wireless communications facilities" means towers, antennas, and the
necessary accessory appurtenances for transmitting or receiving
electromagnetic communications signals used primarily for two -way radio
telephone communications service such as cellular telephone services.
SECTION 5. In accordance with Government Code Section 65858, this Ordinance shall be in
full force and effect for a period of an additional 10 months and 15 days from the date of its adoption,
i.e.; from June 9, 2008 through and including June 8, 2009, prohibiting the approval of permit
applications to construct, modify, or place wireless communications facilities, except as provided in
Section 7, below. This 10 month, 15 -day period may be extended by the City Council in accordance
with the provisions of California Government Code Section 65858.
SECTION 7. Exceptions. This Interim Urgency Ordinance shall not apply to any applications
for projects submitted to City Staff prior to June 9, 2008, that have been deemed complete.
In addition, any proposed wireless communications facility to be owned and operated by a public
safety provider and reasonably necessary for the protection of life and public safety is exempt from the
Moratorium established under this urgency ordinance. The City Council shall determine, based on
substantial evidence in the record, that the facility meets this requirement. In addition, the Moratorium
shall not apply to noncommercial antennas, including dish antennas, television and radio antennas, and
antennas used in amateur radio.
SECTION 8. During the term of this ordinance as set forth in Section 6 hereof, no use permit,
building, zoning or other permit that has been issued for the construction, modification, or placement of
any wireless communications facility, for which rights to proceed with the wireless communications
facility have not vested pursuant to the provisions of State law, shall proceed; and no use permit,
building, zoning or other permit for the construction, modification, or placement of any wireless
communications facility shall be issued by any department, agency, employee, or agent of the City of
Morro Bay. Only wireless communications facility use permits, development projects, facilities, or other
activities which have vested, pursuant to the provisions of the State law, prior to the date of this
Ordinance shall proceed in violation of the provisions of this Ordinance. An application for a wireless
telecommunications facility may be processed during the Moratorium and any extension of the
Moratorium. However, the application shall be processed at the applicant's sole cost and expense and
Ordinance 542 Page 4 of 5
with the understanding that no permit shall be issued until the Moratorium, including any extension of
the Moratorium, has expired, and that the permit may not be issued if it is inconsistent with any
amendments to city laws, ordinances or regulations that are amended by reason of the review that
occurs during the Moratorium.
SECTION 9. Petition for Relief from Moratorium. Any person who has applied to
construct, modify or place a wireless communications facility which would be affected by this
Moratorium, and who contends that the Moratorium as applied to him or her would be unlawful under
Federal, State, or local law or regulation, may submit a written application to the Public Services
Director requesting relief from the Moratorium. The request for relief from Moratorium shall identify
the name and address of the applicant, the affected application number, and shall state how the
Moratorium as applied to him or her would be unlawful under Federal, State or local law or regulation.
Within fourteen (14) calendar days of receipt of the completed request for relief, the City Manager, or
his /her designee, shall mail to the applicant a written determination accepting or rejecting the request for
relief from Moratorium.
SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance
causing it to be posted, as required by the law, and it shall thereafter be in full force and effect. This
Ordinance shall become effective immediately as an interim urgency ordinance, in order to protect the
public health, safety, and welfare.
SECTION 11. For the term of this ordinance, as set forth in Section 6 hereof, the provisions of
this ordinance shall govern, to the extent there is any conflict between the provisions of this ordinance
and the provisions of any other City Code, ordinance, resolution or policy, and all such conflicting
provisions shall be suspended.
SECTION 12. This Ordinance is enacted pursuant to the City of Morro Bay's general police
powers, Article M of the California Constitution, and Government Code Section 65858.
SECTION 13. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remaining portions of this ordinance. The City Council declares that it
would have adopted this Ordinance and each section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
PASSED AND ADOPTED by the Council of the City of Morro Bay at a regular public
meeting held on the 14th day of July, 2008 on a motion of Councilmember Grantham, seconded by
Councilmember Peirce, and on the following vote:
wing
Irmiffim if M-amrsuamm
JFAUMR�, City Clerk
Robert W. Schultz, Esq.j
City Attorney
ME=
ORDINANCE NO. 541
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHING A
TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING AND
APPROVAL OF APPLICATIONS AND PERMITS TO CONSTRUCT, MODIFY
OR PLACE WIRELESS COMMUNICATIONS FACILITIES PENDING COMPLETION
OF STUDIES AND THE PREPARATION OF AN UPDATE TO THE CITY'S ZONING
ORDINANCE CODE
WHEREAS, Government Code Section 65858 allows a City, without following the procedures
otherwise required prior to adoption of a zoning ordinance, to adopt, as an urgency measure, an interim
ordinance prohibiting any uses which may be in conflict with contemplated general plan, specific plan,
or zoning proposals which the legislative body, Planning Commission, or Planning Department is
intending to study within a reasonable time; and
WHEREAS, the City of Morro Bay is in the process of a comprehensive update and
amendments to the City's Zoning Ordinance, which amendments are currently pending review by the
California Coastal Commission; and
WHEREAS, until such time that the Coastal Commission concludes its review and the City
adopts and institutes new land use regulations governing permit applications for the construction,
modification, or placement of wireless communications facilities, the community is in jeopardy that
wireless communications facilities could be constructed, modified, or placed prior to the imposition of
new regulations necessary for the protection of the public health and welfare; and
WHEREAS, the City Council finds and determines that the approval of pending or new
applications for wireless communications facilities during the Moratorium period, in which possible
amendments to the Zoning Ordinance are being studied, could result in conflicts with any proposed
amendments and would undermine the purpose of studying such amendments, thereby reducing the
quality of life within the community to the extent that the overall public health, safety and welfare are
detrimentally affected; and
WHEREAS, the City's current wireless communications facilities regulations are deficient in
several areas which resulted in litigation against the City; and
WHEREAS, changes in wireless communication technology, as well as project increases in
residential and commercial development throughout the City, coupled with the desire of wireless
communication providers to increase wireless communication services in the City and surrounding area
will likely produce additional permit applications for the placement or modification of wireless
communications facilities within the City of Morro Bay and result in further litigation; and
WHEREAS, significant concerns have been raised by the litigation against the City and by the
community regarding the inadequacy of the current regulations to address the increasing number of new
technologies of wireless communications facilities, and their failure to ensure informed, consistent,
uniform, and fair decisions on permit applications for new and /or modified wireless communications
facilities throughout the City; and
Ordinance 541 Page 2 of 4
WHEREAS, citizens of the City of Morro Bay have expressed concerns regarding the impact
that a proliferation of wireless communications facilities within the City may have on the community as
a whole, including safety, noise, lighting, visibility, adverse visual impacts, and the incompatibility of
commercial uses in residential zones; and
WHEREAS, citizens of the City of Morro Bay have a desire that the City receive adequate
wireless telecommunication service provided that the facilities are designed and located to minimize the
concerns described above; and
. WHEREAS, it is the intent of the Morro Bay City Council to adopt new zoning regulations
pertaining to wireless communications facilities in order to provide clear, consistent, and uniform
guidance to wireless communication service providers regarding the siting and design of wireless
communications facilities while also addressing the significant community concerns described above,
and to better reflect the City's siting and regulatory objectives for wireless communications facilities, all
within the limitations specified within the Telecommunications Act of 1996; and
WHEREAS, the Morro Bay City Council has determined that a temporary Moratorium on the
approval of applications to construct, modify or place wireless communications facilities will allow the
Coastal Commission time to complete its review and for the City to adopt revisions to its Wireless
Communications Facility Regulations while ensuring to the maximum extent feasible that the siting and
other objectives of the revised ordinance may be achieved; and
WHEREAS, for reasons set forth above, this ordinance is declared by the Morro Bay City
Council to be necessary for preserving the public peace, health, or safety and to avoid a current,
immediate and direct threat to the health, safety, or welfare of the community, and the "Whereas"
clauses above taken together constitute the City Council's statements of the reasons constituting such
necessity and urgency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY does
ordain as follows:
SECTION 1. The City Council finds and determines the foregoing recitals to be true and
correct and hereby makes them part of this ordinance.
SECTION 2. The City Council finds and determines, for the reasons stated in the recitals, the
adoption of this ordinance is exempt from CEQA under Sections 15061(b)(3), 15307, 15308, and
15183 of the State CEQA Guidelines.
SECTION 3. The City Council hereby directs the Public Services Department to continue to
work on the preparation of amended zoning regulations governing the construction, modification, and
placement of wireless communications facilities within the City of Morro Bay, and submit them for
consideration by the Planning Commission and City Council.
SECTION 4. Until such time as the Coastal Commission concludes the review described
above, and the City adopts new Wireless Communications Facility Regulations, the City of Morro Bay
hereby declares a Moratorium on the approval of permit applications to construct, modify or place
wireless communications facilities, as defined in Section 5 below.
Ordinance 541 Page 3 of 4
SECTION 5. For purposes of this Ordinance, the following definitions shall apply:
a. "Wireless communications facilities" means towers, antennas, and the
necessary accessory appurtenances for transmitting or receiving
electromagnetic communications signals used primarily for two -way radio
telephone communications service such as cellular telephone services.
SECTION 6. In accordance with Government Code Section 65858, this Ordinance shall be in
full force and effect for a period of 45 days from the date of its adoption, i.e., from June 10, 2008
through and including July 24, 2008, prohibiting the approval of permit applications to construct,
modify, or place wireless communications facilities, except as provided in Section 7, below. This 45 -day
period may be extended by the City Council in accordance with the provisions of California Government
Code Section 65858.
SECTION 7. Exceptions. Any proposed wireless communications facility to be owned and
operated by a public safety provider and reasonably necessary for the protection of life and public safety
is exempt from the Moratorium established under this urgency ordinance. The City Council shall
determine, based on substantial evidence in the record, that the facility meets this requirement. In
addition, the Moratorium shall not apply to noncommercial antennas, including dish antennas, television
and radio antennas, and antennas used in amateur radio.
SECTION 8. During the term of this ordinance as set forth in Section 6 hereof, no use permit,
building, zoning or other permit that has been issued for the construction, modification, or placement of
any wireless communications facility, for which rights to proceed with the wireless communications
facility have not vested pursuant to the provisions of State law, shall proceed; and no use permit,
building, zoning or other permit for the construction, modification, or placement of any wireless
communications facility shall be issued by any department, agency, employee, or agent of the City of
Morro Bay. Only wireless communications facility use permits, development projects, facilities, or other
activities which have vested, pursuant to the provisions of the State law, prior to the date of this
Ordinance shall proceed in violation of the provisions of this Ordinance. An application for wireless
telecommunications facility may be processed during the Moratorium and any extension of the
Moratorium. However, the application shall be processed at the applicant's sole cost and expense and
with the understanding that no permit shall be issued until the Moratorium, including any extension of
the Moratorium, has expired, and that the permit may not be issued if it is inconsistent with any
amendments to city laws, ordinances or regulations that are amended by reason of the review that
occurs during the Moratorium.
SECTION 9. Petition for Relief from Moratorium. Any person who has applied to
construct, modify or place a wireless communications facility which would be affected by this
Moratorium, and who contends that the Moratorium as applied to him or her would be unlawful under
Federal, State, or local law or regulation, may submit a written application to the Public Services
Director requesting relief from the Moratorium. The request for relief from Moratorium shall identify
the name and address of the applicant, the affected application number, and shall state how the
Moratorium as applied to him or her would be unlawful under Federal, State or local law or regulation.
Within fourteen (14) calendar days of receipt of the completed request for relief, the City Manager, or
his /her designee, shall mail to the applicant a written determination accepting or rejecting the request for
relief from Moratorium.
Ordinance 541 Page 4 of 4
SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance
causing it to be posted, as required by the law, and it shall thereafter be in full force and effect. This
Ordinance shall become effective immediately as an urgency interim ordinance, in order to protect the
public health, safety, and welfare.
SECTION 11. For the term • this ordinance, as set forth in Section 6 hereof, the provisions •
this ordinance shall govern, to the extent there is any conflict between the provisions of this ordinance
and the provisions of any other City Code, ordinance, resolution or policy, and all such conflicting
provisions shall be suspended.
SECTION 12. This Ordinance is enacted pursuant to the City • Morro Bay's general police
powers. Article XI of the California Constitution, and Government Code Section 65858.
'WET
T.T.I.-MOTEK1,79A 776,11TV,179, -W-2,144MINA —.01 --- W1
Councilmember Peirce, and on the following vote:
BRIDGET BAUER, City Clerk
Robert W. Schultz, Esq0
City Attorney
ORDINANCE NO. 540
AN ORDINANCE OF THE CITY OF MORRO BAY ADDING
CHAPTER 13.18 TO THE MORRO BAY MUNICIPAL CODE TO
PROVIDE FOR THE REGULATION OF EQUIPMENT OR
FACILITIES IN RIGHTS -OF -WAY
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES ORDAIN AS
FOLLOWS:
Chapter 13.18 EQUIPMENT OR FACILITIES IN RIGHTS -OF -WAY
A. The construction, operation, maintenance, or repair of equipment or
facilities in the public rights -of -way shall be performed in compliance with all laws,
practices, rules and regulations affecting such equipment or facilities. This shall include,
but not be limited to, applicable zoning and safety codes, construction standards,
drawings and specifications, and rules and regulations for the provision of notice to
persons that may be affected by the construction of such equipment or facilities, and such
directives governing the time, place and manner in which such equipment or facilities
may be installed or constructed in the public rights -of -way. Any person, utility, or public
utility engaged in the construction, operation, maintenance, or repair of equipment or
facilities in the public rights -of -way or on public or private property shall exercise
reasonable care in the performance of all of its activities and shall use commonly
accepted methods and devices for the prevention of failures and accidents that are likely
to cause damage, injury, or nuisance to the public or to property.
B. Any public rights -of -way or public or private property that is disturbed or
damaged during the construction, operation, maintenance, or repair of facilities permitted
under Title 13 by or on behalf of a permittee shall be promptly repaired by that permittee
at its cost and expense. Any public or private property and any public rights -of -way shall
be restored to the satisfaction of the owner thereof or to its original condition existing
before the occurrence of any disturbance or damage or to a condition that does not
constitute a threat to the general health, safety, or welfare of the public or safe condition
of property.
C. A person, utility, or public utility with equipment or facilities located in
the public rights -of -way shall, by a time specified by the director of public works /city
engineer, protect, support, temporarily disconnect, relocate, or remove any of its
equipment or facilities when such action is required by the city in the exercise of its
governmental or proprietary powers by reason of traffic conditions, public safety, rights -
of -way construction, or repair, including, but not limited to, re- grading, re- surfacing, or
widening thereof, street vacation, construction, installation, or repair of sewers, drains,
water pipes, power lines, signal lines, tracks, or any other similar system or utility, public
works, public facility, or improvement, or for any other purpose where the work would
be aided by the removal or relocation of the equipment or facilities of that person, utility,
or public utility.
Ordinance No. 540
Page Two
1. The city engineer shall provide notice, describing the location of the
facilities to be constructed, at least one week prior to the date and time by which a
person, utility, or public utility must protect, support, temporarily disconnect, relocate, or
remove its facilities.
2. During an emergency, or in the event the equipment or facilities of a
person, utility, or public utility in the public rights -of -way create or contribute to an
imminent threat or danger to person or property, the city may protect, support,
temporarily disconnect, remove, or relocate any such equipment or facilities without prior
notice, and charge the owner thereof for costs incurred.
D. To accommodate the construction, operation, maintenance, or repair of
facilities of another person, utility, or public utility authorized to use the public rights -of-
way or public property, a permittee shall, by a time specified by such person, utility, or
public utility, protect, support, temporarily disconnect, relocate, or remove its equipment
or facilities. The permittee must be given notice describing the proposed location of the
construction, operation, maintenance, or repair work no less than fifteen days prior to the
date by which such work must be completed. The city engineer at the request of those
affected may resolve disputes concerning the responsibility for costs associated with the
removal or relocation of equipment or facilities among the entities authorized to construct
in the public rights -of -way or on public property if the entities are unable to reach a
resolution.
E. A permittee shall, at the request of any person, utility, or public utility
holding a valid permit issued by a government authority, temporarily raise or lower its
wires by a time specified to permit the moving of buildings or other objects. A permittee
shall be given no less than seven days' advance notice to arrange for such temporary wire
changes. The expense of such temporary removal or the raising or lowering of wires shall
be paid by the person, utility, or public utility requesting the same.
F. A permittee shall remove its facilities in the public rights -of -way that it
intends to abandon within ninety days after it gives notice to the city of its intention to
abandon. If within such ninety -day period the city determines that the safety, appearance,
function, or use of the public rights -of -way or the facilities will be adversely affected, the
permittee may abandon its facilities after receipt of notice from the city. A permittee that
abandons its facilities must, upon request, transfer ownership of the facilities to the city at
no cost, and execute necessary quitclaim deeds and indemnify and hold harmless the city
against future costs associated with the mitigation or elimination of any environmental
hazard associated with such abandoned facilities.
G. A permittee that places facilities in an underground location shall be a
member of the regional notification center for subsurface installations (Underground
Services Alert) as may be required by Section 4216 et seq. of the California Government
Code. The permittee shall field -mark the locations of its underground facilities upon
request and without cost to the city.
2
Ordinance No. 5
Page Three I
This Ordinance shall take effect and be in force thirty (30) days from the date of
its passage, and before the expiration of fifteen (15) days after its passage, it, or a
summary of it, shall be published once, with the names of the members of the City
Council voting for and against the same, in a newspaper of general circulation published
in the City of Morro Bay.
INTRODUCED at the regular meeting of the City Council held on the l2t�h • of May 2008, by motion of Councilmember Grantham and seconded by Councilmemb]
Peirce.
I W
g
I
WNIBIAUWER�,CITY CLERK
ki
ORDINANCE NO. 539
ORDINANCE OF THE CITY OF MORRO BAY
ANNOUNCING FINDINGS AMENDING CHAPTER 16 OF THE
MORRO BAY MUNICIPAL CODE - SUBDIVISION REGULATIONS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay held a duly
noticed public hearings on May 5, 2008 to consider the amendments to Title 16
(Subdivision Regulations related to Tract 41); and recommended approval of said
amendments to the City Council; and
WHEREAS, the City Council of the City of Morro Bay conducted duly noticed
public hearing on May 12, 2008; and
WHEREAS, the Council has reviewed and considered the Subdivision Ordinance
complies with the City of Morro Bay objectives, criteria and procedures for implementation
of the California Environmental Quality Act (CEQA) in that the amendments reduce the
potential for development by eliminating further subdividing within Tract 41 that was
recognized by the original adopted Negative Declaration and no other environmental
documentation is deemed necessary; and
WHEREAS, following the public hearing after consideration of the memorandums,
staff reports, and consideration of the comments by all persons written and oral; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the
evaluation and recommendations by staff, presented at said hearings.
WHEREAS, the City Council finds that the proposed text amendment is consistent
with the General Plan, the purposes of the Subdivision Map Act, and other applicable City
ordinances; and
NOW, THEREFORE BE IT ORDAINED, by the City Council of the City if
Morro Bay, California, as follows:
Ordinance No. 539
Page Two
SECTION 1. Environmental Determination. The City Council finds and determines that the
original adopted Negative Declaration adequately addresses the potential environmental
impacts of the proposed text amendment to the Subdivision Regulations, and reflects the
independent judgment of the City Council. The Council hereby accepts the original
Negative Declaration.
SECTION 2. Findings. The City Council makes the following findings:
1. That the above recitations are true and correct and constitute the findings of the
Council in this matter; and,
2. The proposed text amendment is consistent with the General Plan, the purposes
of the Subdivision Map Act, and other applicable City ordinances.
3. The proposed amendments are consistent with General Plan policies since the
regulations implement General Plan policies associated with preservation of
neighborhood character, establishment of diverse neighborhoods, and the
preservation of established General Plan density standards.
4. The proposed amendments will not significantly alter the character of the
neighborhoods or cause significant health, safety or welfare concerns, since the
regulations do not alter the density, character, or allowed uses within the City.
Instead, the regulations clarify and preserve the existing setting and charm of the
neighborhood.
5. The proposed amendments will not result in significant impacts to the
environment; therefore the Final Negative Declaration adopted March 12, 2007
is appropriate for the scope of the text amendment.
SECTION 3. Action. Title 16 (Subdivisions) of the Morro Bay Municipal Code is hereby
amended as shown in Attachment A. A copy dated May 12, 2008 of which is on file in the
Office of the City Clerk, is hereby adopted.
SECTION 4. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in
the Telegram- Tribune, a newspaper published and circulated in this City. This ordinance
shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED at the regular meeting of the City Council held on the 12th day of
May 2008, by motion of Councilmember DeMeritt and seconded by Councilmember Peirce.
Ordinance No. 5 3 9
Page Three
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Morro Bay, on the 27h day • May 2008 by the following vote to wit:
Ax �1-1
BRIDGETt BA* UE'R, CITY CLERK
A&=
[a V WAVAIN H r$ ffi.
ORDINANCE NO. 538
AN ORDINANCE OF THE CITY OF MORRO BAY AMENDING SECTION
14.60.200 OF THE MORRO BAY MUNICIPAL CODE REGULATING
AUTOMATIC FIRE SPRINKLER SYSTEMS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the National Fire Protection Agency documented 524,000 structure
fires causing 2,705 deaths and 14,350 injuries in 2005 in the United States of America;
and
WHEREAS, the City fire department staffing has not increased since the 1960's
while requests for service have increased from 246 calls in 1969 to 1,742 in 2007; and
WHEREAS, the Safety Element of the General Plan states, "The City shall
require new development to be designed and constructed to minimize urban fire hazards,
with special attention given to adequate built -in fire suppression systems "; and
WHEREAS, recommendations of the Morro Bay Fire Department 5 -Year
Strategic Plan identify the need to require all new structures, and significantly remodeled
properties, to have internal fire sprinklers; and
WHEREAS, fire sprinklers provide 24 -hour per day fire protection, protect
escape routes, reduce life and property loss, provide a safer environment for firefighters
by keeping fires small, and are effective in excess of 90% of the time; and
WHEREAS, the City Council of the City of Morro Bay, the Fire Chief, and
Building Official strongly support Municipal Code amendments to improve life safety in
structures, including single family residences where 80% of fire fatalities occur, and
WHEREAS, Health and Safety Code Section 17958.5 permits a city to make
reasonable changes or modifications to uniform codes; and
NOW, THERFORE, following the Public Hearing, and upon consideration of
the testimony of all persons, the City Council of the City of Morro Bay does ordain
Section 14.60.200 — Automatic Fire Sprinkler Systems" is hereby repealed, amended, and
reenacted to read as follows:
14.60.200 Automatic fire sprinkler systems.
Notwithstanding any provisions to the contrary in the California Fire Code, the California
Building Code, or any other applicable code, automatic fire sprinkler systems, as approved by the
Morro Bay fire department, shall be installed and maintained in certain buildings described
herein.
Page 1 of 3
Section 903.2 of the California Fire Code is amended as follows:
903.2 Where Required. An approved automatic fire sprinkler system shall be
installed throughout:
1. All new buildings exceeding one thousand square feet, regardless of separation walls,
shall be protected with automatic fire sprinklers.
Exceptions:
1. A structure that contains only Group A, Division 5 occupancy
2. Agricultural accessory buildings and greenhouses
2. All existing buildings exceeding one thousand square feet where an automatic fire
sprinkler system does not exist, and a change in the character of occupancy or use is
made which increases the fire hazard as per the California Fire Code, shall be protected
with automatic fire sprinklers.
3. All new buildings built on the west side of the Embarcadero shall be protected with
automatic fire sprinklers.
4. All existing buildings, regardless of separation walls, shall be provided with an approved
automatic sprinkler system throughout where alterations result in:
a. an increase of more than 50 percent of the floor area, or
b. an increase of more than 1,000 square feet of floor area.
5. Occupancies defined as residential may employ an NFPA 13D system in one and two
family dwellings and an NFPA 13R system in residential occupancies up to and including
four stories; provided, however, that the fire chief may impose stricter requirements if,
special circumstances such as but not necessarily limited to the building size, height, site
topography or accessibility exist which, in the chiefs opinion, warrant such stricter
requirements in order to provide adequate fire protection.
6. For purpose of this section, buildings shall be considered separated if there exists a space
between them equal to or greater than the distance required for seismic- induced lateral
motion (excepting, however, a roof or similar protective structure spanning the space at
the top of buildings only; the materials and design of such roof or protective structure
shall be subject to approval by the fire chief and building official)
7. Nothing in this section shall limit the ability of the fire chief, in cases of projects
requiring a use permit or other type of discretionary approval, to recommend to
the planning commission or city council the imposition of conditions of approval
beyond the minimum standards of this section, if such conditions are found to be
reasonable and necessary for the protection of the public health, safety or welfare
in the surrounding neighborhood or the community generally.
8. NFPA 13D and 13R automatic fire sprinkler systems, while permitted for some
residential occupancies, are prohibited within mixed -use buildings. Mixed -use
buildings shall utilize a full NFPA 13 system throughout the entire building.
9. Partial sprinkling of buildings shall not be permitted.
i. Exception: Approved NFPA 13R and 13D systems may not require
sprinkler heads in certain spaces such as attics and enclosed voids.
10. Sprinkler heads shall be installed at the top of all rubbish and linen chutes and
their terminal rooms. Chutes extending beyond two stories shall have additional
sprinkler heads installed within such chutes at alternate floors. Sprinkler heads
shall be accessible for servicing.
11. All elevator shafts, regardless of construction material, shall be protected with
automatic fire sprinklers.
Page 2 of 3
INTRODUCED at the regular meeting of the City Council of the City of Mo
Bay on il Apr 28, 2008, by mot ion of Cunci er
olmemb Winholtz and seconded
Councilmember Grantham. I
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular
meeting thereof held on the 12h day of May 2008 by the following vote:
AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters
ABSTAIN: None y °\ «
ATTEST:
CITY CLE
I "I If t"M * <\§ +: O
THE CITY COUNCIL
City of Morro Bay, California
The City of Council of the City of Morro Bay does ordain as follows:
Section 1.
That an amendment to the contract between the City Council of the City of Morro Bay
and the Board of Administration, California Public Employees' Retirement System is
hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit ",
and by such reference made a part hereof as though herein set out in full.
Section 2.
The Mayor of the City Council is hereby authorized, empowered, and directed to execute
said amendment for and on behalf of said Agency.
Section 3.
This Ordinance shall take effect 30 days after the date of its adoption, and prior to the
expiration of 10 days from the passage thereof shall be published at least once in the Bgy
News, a newspaper of general circulation, published and circulated in the City of Morro
Bay and thenceforth and thereafter the same shall be in full force and effect.
INTRODUCED at the regular meeting of the City Council held on the 10th day
of March 2008, by motion of Councilmember Grantham and seconded by
Councilmember Peirce.
Page Two
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Morro Bay, on the I e day of April 2008 by the following vote to wit:
AYES:
DeMeritt, Grantham, Peirce, Winholtz, Peters
NOES:
None
ABSENT:
None
ATTEST:
Bridgett BQr, City Clerk
City of Morro Bay
C1*2