HomeMy WebLinkAboutOrdinance 236 CERTIFICATION
I, LEE RABOIN, City Clerk of the City of Atascadero, hereby
certify that the foregoing is the true and correct original of
Ordinance No. 236 adopted by the Atascadero City Council at a
regular meeting thereof held on January 14, 1991 and that it has
been duly published pursuant to State Law.
DATED: �-
LEE RABOIN
City Clerk
City of Atascadero, California
ORDINANCE NO. 236
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
ADDING CHAPTER 8 TO TITLE 5 OF THE ATASCADERO
MUNICIPAL CODE PROHIBITING SPECIFIED
ACTIVITIES IN ATASCADERO CREEK, GRAVES CREEK
AND THE SALINAS RIVER
The City Council of the City of Atascadero does ordain as
follows:
SECTION 1. Chapter 8 is hereby added to Title 5 of the
Atascadero Municipal Code to read as follows:
CHAPTER 8. WATERWAY INTRUSIONS
Section 5-8.01. Definitions.
(a) Riparian corridor shall mean the area of land within
the normal high water levels and the land containing riparian
vegetation immediately adjacent to the following waterways:
( 1) Atascadero Creek
(2) Graves Creek
(3) Salinas River
The definition above shall apply until superceded by an "Offi-
cial Creekway Map" is adopted by the City Council. When such
a map or maps are adopted, the "riparian corridor" shall be
that area so designated on that map for that area of the
waterway.
(b) Intrusion shall mean any encroachment or activity
into the riparian corridor, as listed in 5-8.02 below, which
may adversely impact the drainage, flora and fauna of the
specified riparian corridors.
(c) Pollutants shall mean any harmful substance, includ-
ing but not limited to chemicals, fuels, fill materials,
lumber, petroleum products, sewage, domestic animal waste and
any other substance which could adversely impact: Drainage;
cause flooding; contaminate water; destroy or damage flora or
fauna.
Section 5-8.02. Prohibited Uses and Activities.
Each of the following uses and activities are prohibited:
(a) The parking, operation or use of private motorized
vehicles, including but not limited to motorcycles, ATVs, dune
buggies, recreational vehicles, automobiles, go-carts, motor-
ized skateboards or trucks in the riparian corridor.
Ordinance No. 236
Page Two
(b) Allowing or causing the accumulation, storing, place-
ment, dumping or disposing of pollutants in the riparian
corridor, unless done with a properly issued City grading
permit or in an emergency flooding situation to protect life
and property.
(c) Allowing or causing the migration of pollutants into
the riparian corridor.
Section 5-8.03. Enforcement.
A violation of any provision of this Title shall be a
misdemeanor. Penalties for a violation of this Chapter shall
be as forth in Chapter 31 Title 1 of this Code.
SECTION 2. PUBLICATION
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published and cir-
culated in the City in accordance with Section 36933 of the
Government Code; shall certify the adoption and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
SECTION 3. EFFECTIVE DATE
This ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the 31st day after its passage.
On Motion by Councilmember Nimmo, seconded by Councilmember
Borgeson, the foregoing ordinance is hereby adopted in its entirety
on the following roll-call vote:
AYES: Councilmembers Dexter, Lilley, Borgeson, Nimmo and Mayor
Shiers
NOES: None
ABSENT: None
Ordinance No. 236
Page Three
ADOPTED: January 14, 1992
CITY OF ATASCADERO, CA
f
ALDEN F. SHIERS, Mayor
ATTES
LEE RABOIN, C'ty Clerk
APPROVED AS TO FORM:
1
ART E NT 0 , City Attorney