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HomeMy WebLinkAboutOrdinance 449 CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 449, adopted by the Atascadero City Council at a regular meeting thereof held on May 11, 2004, and that it has been duly published pursuant to State Law. DATED: C9 —jc5 a q h4,p� k)� iii Marcia McClure Torgerson, C.M.C. City Clerk City of Atascadero, California ORDINANCE NO. 449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AMENDING MUNICIPAL CODE SECTION 9-6.106 AND ADDING SECTIONS 9-14.13 AND 9-14.149 PERTAINING TO MOTORCYCLE USE IN RESIDENTIAL AREAS (City of Atascadero) The City Council hereby finds and declares as follows: WHEREAS, In 1983 the City Council of the City of Atascadero adopted certain noise regulations and exceptions and placed them in Title 9 Chapter 4 of the Atascadero Municipal Code; and WHEREAS, In 1992 the City Council of the City of Atascadero adopted Article 9 Chapter 14 of the Atascadero Municipal Code entitled noise, which Chapter contained new regulations and some new exemptions from the noise ordinance; and WHEREAS,the City Council has determined that additional regulations are necessary in order to further reduce the harmful effects of noise on the community and its citizens; and WHEREAS, the City Council has determined that the cost of addressing noise disturbances resulting from violations of State law and/or the Atascadero Municipal Code ought to be borne by those creating and/or allowing the illegal noise disturbances; and WHEREAS, the City Council has determined that this ordinance will not lead to any significant environmental effects and is therefore exempt under CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 9-6.106 is amended to add a subsection "e" as follows: (e) Mini-bike, motorcycle, dirt bike or similar two or more wheel motor vehicle riding is allowed subject to the following limitations: (1) No more than two such vehicles shall be operating at the same time. (2) Operation is limited to a maximum of two hours in a day. (A) This limit applies even if only one such vehicle is being operated. (3) Operation is limited to a maximum of eight hours in a week. (A) This limit applies even if only one such vehicle is operated. (B) A week shall be measured from Monday through Sunday. City of Atascadero Ordinance No.449 Page 2 of 2 (4) Notwithstanding the above, no such use shall be allowed prior to noon on Sundays. (5) Any violations to the above-mentioned limitations are subject to cost recovery for responses to disturbances, as listed in Section 9-14.14. INTRODUCED at a regular meeting of the City Council held on April 27, 2004, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on May 11, 2004, by the following roll call vote: AYES: Council Members Clay, O'Malley and Scalise NOES: Council Member Pacas and Mayor Luna ABSTAIN: None ABSENT: None ATTEST: C OF ATASC ERO Marcia McClure Torgerson, C.M. , City Clerk r. George Luna, Mayor AP OVED AS TO FORM: Roy . Hanley, City Attorney