HomeMy WebLinkAboutOrdinance 427 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the
foregoing is a true and correct original of Ordinance No. 427 adopted by the Atascadero City
Council at a regular meeting thereof held on October 14, 2003, and that it has been duly
published pursuant to State Law.
DATED:
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 427
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA PERTAINING TO THE DEFINITION OF
AUTO DEALER
PREAMBLE. Purpose and Intent
The City Council finds that the conduct of auto dealers operating without a conditional use
permit has created a public nuisance in the City of Atascadero. Such sales create sign code
violations, multiple municipal code violations and encourage the creation of blight. All of this
activity adversely affects the health and welfare of the citizens of Atascadero. The City Council
also finds that the adoption of this ordinance will promote appropriately located commercial and
industrial activities and preserve and strengthen the City's economic base. The City recognizes a
compelling interest in preserving the safety of the community generally and providing a higher
degree of protection for its citizens from the effects of such activities when not conducted in
conformance with a conditional use permit.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES
ORDAIN THAT SECTIONS OF THE ATASCADERO MUNICIPAL CODE ARE
ADDED TO READ AS FOLLOWS:
Section One:
The definition of"Auto Dealers" in 9-3.701 is changed to read as follows:
Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling
new and used automobiles, including but not limited to, light trucks, motorcycles and mopeds.
Also includes establishments selling new parts and accessories within a building for the above.
Does not include establishments dealing exclusively in used parts. Includes automobile repair
shops only when maintained by establishment engaged in the sale of vehicles on the same site.
Does not include "service stations," which are separately defined.
Section Two:
Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason deemed or held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance.
The City Council of the City of Atascadero hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective
of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions
might subsequently be declared invalid or unconstitutional.
City of Atascadero
Ordinance No.427
Page 2 of 2
Section Three:
A summary of this ordinance, approved by the City Attorney, together with the ayes and
noes, shall be published twice: at least five days prior to its final passage in the Atascadero
News, a newspaper published and circulated in the City of Atascadero, and; before the expiration
of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and
circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in
the City Clerk's office on and after the date following introduction and passage and shall be
available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on September 23, 2003, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California on
October 14, 2003,by the following roll call vote:
AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: October 14, 2003
CITY OF ATASCADERO
ATTEST:
i
Marcia McClure Torgerson, C.M. ., City Clerk J rry L. y. Sr., Mayor
APPROVED AS TO FORM:
14 6 �"
Roy . Hanley, City Attorney