Loading...
HomeMy WebLinkAboutOrdinance 496 CERTIFIC.A'TION 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. 496, adopted by the Atascadero City Council at a regular meeting thereof held on July 11, 2006, and that it has been duty published pursuant to State Law. DATED: _ -�_.. Marcia McClure Torgerson, C.M.C.r;J City Clerk City of Atascadero, California ORDINANCE NO. 496 AN ORDINANCE OF THE CITY OF ATASCADERO CITY COUNCIL APPROVE ZONE CHANGE 2006-0116 PART A, AMENDING MUNICIPAL CODE SECTIONS 9-14.03 AND 9-14.14 PERTAINING TO NOISE VIOLATION COST RECOVERY (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Chapter contained new regulations and new exemptions from the noise ordinance; and, WHEREAS, in 2004 the City Council repealed the less stringent noise standards established in 1983 to make it clear that the 1992 standards apply, and to make it clear that the noise standard exceptions from 1983 were not intended to be repealed and therefore they were renumbered into Chapter 14 to avoid confusion; and, rte. 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 exemption of motorcycles and other similar two or more wheel vehicles operated in compliance with the motorcycle ordinance clarifies the allowed use in residential areas; and WHEREAS, the period of 12 hours limits the occasions for cost recovery measures to apply to repeat calls to noise complaints; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, City of Atascadero Ordinance No.496 Page 2 of 4 WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on May 9, 2006, studied and considered Zone Change 2006-0116, after first studying and considering the Planning Commission's recommendation, and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for approval of zone text chance. The Atascadero City Council herby finds as follows: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands. 3. The zone change will not, in itself,result in significant environmental impacts. 4. The proposed action is considered Statutorily Exempt from CEQA under section 1506 1(b)(3) since the action is a minor change to an existing ordinance that is more environmentally restrictive SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on May 9, 2006 resolved to introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9.14.14 Cost Recovery for Responses to Disturbances. (a) Definition. The definitions in this section apply to the following terms as used in this part: (1) "Disturbance"shall include conduct creating any disturbing or loud noise, including but not limited to violations of section 9-6.106 of the Atascadero Municipal Code. (2) "Response shall mean the arrival of a police officer at the scene of a disturbance to render whatever service is reasonably required in order to stop a disturbance. (3) 'Responsible party" is any person who owns, leases or is lawfully in charge of the property where the disturbance takes place, or any person who organizes, controls or participates in a disturbance. If the responsible person is a minor, then the City of Atascadero Ordinance No.496 Page 3 of 4 parent or guardian who has physical custody of the child at the time of the disturbance shall be the responsible person who is liable. ,.. (b) Responses to disturbances. (1) No responsible party shall cause, permit or tolerate a disturbance. (2) Whenever a police officer at the scene warns any responsible party present to discontinue the disturbance, the responsible party shall be liable for the actual cost of each subsequent response required for a disturbance within 72 hours of the first response. (3) At the first response, the responding police officer shall give an oral and/or written warning to one or more of the responsible parties present that the disturbance must cease immediately, and that if a second or subsequent response to the disturbance is required within 72 hours following such notice, a response fee shall be charged to any responsible party for all responses after the first response. (4) All responsible parties shall be jointly and severally liable for the response charge regardless of whether or not a responsible party received an oral or written warning pursuant to Section 9-14.14 (b)(c). (c) Charging for responses. w.. (1) The response charge shall be the actual cost of police services including, but not limited to, personnel and equipment, incurred for each subsequent response within the 72-hour period following the first response. (2) The bill or charges shall be served by the Chief of Police upon the responsible party within thirty days after the last response to a disturbance. (3) The total amount of the response charge shall be deemed to be a civil debt to the city and the director of finance may take such action to recover the costs as the city is authorized to do by law for the recovery of a civil debt. The bill of charges shall state the response fee. (4) The bill of charges and any other notices required by this part shall be served upon the responsible party in accordance with Chapter 12-1.06 of the Atascadero Municipal Code. If the responsible party has no last known business or residence address, then the scene of the disturbance shall be deemed to be the proper address for service of notice. (5) The bill of charges shall include a notice of the right of the person being charged to request a hearing before the appeals hearing board within ten days of service of the bill to dispute the imposition of a response charge or the amount of the charge. City of Atascadero Ordinance No.496 Page 4 of 4 SECTION 3. Savings Clause. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision ®" of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Section. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions are declared invalid or unconstitutional. SECTION 4. Publication. 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 June 27, 2006, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on July 11, 2006,by the following roll call vote: AYES: Council Members Clay, Luna, Pacas and Mayor O'Malley NOES: None ABSTAIN: None ABSENT: One Vacancy ATTEST: C TY OF ATASCADERO Marcia McClure Torgerson, C.M ., Tom O'Malley, May r City Clerk - APPRO D AS TO FORM: Patril✓. EqAr g6t, City Attorney