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