|
|
ARTICLE IV
PUBLIC PEACEChapters:
1 Prohibited Conduct – Offenses
7 Mobilehome Space Rent Control
14 Spectators Prohibited at Illegal Speed Contests or Exhibitions of Speed
15 Residency and Loitering Restrictions for Sex Offenders
CHAPTER 1
PROHIBITED CONDUCT – OFFENSESSections:
§ 4118.3 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property. «Unamended section»
§ 4118.4 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property – Exclusions. «Unamended section»
§ 4118.5 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property – Violation – Penalty. «Unamended section»
§ 4118.6 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property – Impoundment. «Unamended section»
§ 4129.5 Abandoned Shopping Carts – Declaration of Nuisance. «Unamended section»
§ 4129.5.1 Abandoned Shopping Carts – Definitions. «Unamended section»
§ 4129.5.2 Abandoned Shopping Carts – Identification of Shopping Carts. «Unamended section»
§ 4129.5.3 Abandoned Shopping Carts – Impoundment of Shopping Carts with Identification Signs. «Unamended section»
§ 4129.5.4 Abandoned Shopping Carts – Impoundment of Shopping Carts without Identification Signs. «Unamended section»
§ 4129.5.5 Abandoned Shopping Carts – Mandatory Abandoned Shopping Cart Prevention Plan. «Unamended section»
§ 4129.5.6 Abandoned Shopping Carts – Submittal of Mandatory Abandoned Shopping Cart Prevention Plan for Approval or Denial. «Unamended section»
§ 4129.5.7 Abandoned Shopping Carts – Modification of an Abandoned Shopping Cart Prevention Plan. «Unamended section»
§ 4129.5.8 Abandoned Shopping Carts – Exemption from Mandatory Abandoned Shopping Cart Prevention Plan Obligation. «Unamended section»
§ 4129.5.9 Abandoned Shopping Carts – Renewal of Mandatory Abandoned Shopping Cart Prevention Plan Exemption. «Unamended section»
§ 4129.5.10 Abandoned Shopping Carts – Denial of Renewal or Revocation of a Mandatory Abandoned Shopping Cart Prevention Plan Exemption. «Unamended section»
§ 4129.5.11 Abandoned Shopping Carts – Hearing and Appeal Procedure for Renewal of Exemption. «Unamended section»
§ 4129.5.12 Abandoned Shopping Carts – Noncompliance – Enforcement. «Unamended section»
§ 4129.5.13 Abandoned Shopping Carts – Hearing to Contest a Fine. «Unamended section»
§ 4129.5.14 Abandoned Shopping Carts – Location of Impounded Shopping Carts. «Unamended section»
§ 4129.5.15 Abandoned Shopping Carts – Disposition of Impounded Shopping Carts. «Unamended section»
§ 4129.5.16 Abandoned Shopping Carts – Sale of Abandoned Shopping Carts. «Unamended section»
§ 4129.5.17 Shopping Cart Collection Services May Be Performed by City-Appointed Contractor. «Unamended section»
§ 4129.5.18 Administration and Enforcement. «Unamended section»
§ 4118.3 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property.
(A) It is unlawful for any person to sell or offer for sale any food, beverage, good, ware, or merchandise of any kind (hereinafter, “merchandise”) from any pushcart, wagon, bicycle, or other wheeled conveyance moved by human power (hereinafter, a “nonmotorized device”) which is parked, stopped, or standing upon any public street, alley, parkway, sidewalk or other public property (hereinafter, “public property”) in the City.
(B) It is unlawful for any person to park, stop, or stand any nonmotorized device upon any public property in the City for the purpose of causing the sale of or offering for sale any merchandise.
(C) It is unlawful for any person to utilize any public property in the City for any display of merchandise for sale, whether such merchandise is placed directly upon the public property or upon a stand, table, box, bucket, blanket or other display device located on the public property, unless the City’s Building and Safety Division has first determined that such display is consistent with the requirements of all existing laws and regulations, including but not limited to the Carson Municipal Code (hereinafter, the “existing laws”) and has provided such person with a written consent which shall be kept at the location of such display and provided upon request to any person seeking to view the same.
(D) It is unlawful for any person to utilize any public property in the City for the storage of merchandise, whether such merchandise is placed directly upon the public property or upon a stand, table, box, bucket, blanket or other display device located on the public property, unless the City’s Building and Safety Division has first determined that such storage is consistent with the requirements of all existing laws and regulations, including but not limited to the Carson Municipal Code (hereinafter, the “existing laws”) and has provided such person with a written consent which shall be kept at the location of such storage and provided upon request to any person seeking to view the same.
(E) It is unlawful for any person to sell or offer for sale any goods at any stadium, athletic field or community center within the City unless the prior written consent of the owner of such property has first been filed with the City’s Building and Safety Division, the proposed activity has been reviewed and approved by the Building and Safety Division for consistency with all existing laws, and the Building and Safety Division has provided such person with a written consent which shall be kept at the location of such sale or offer of sale and provided upon request to any person seeking to see it.
(F) It is unlawful for any person to sell or offer for sale any goods on any property containing any vacant building within the City unless the prior written consent of the owner of such property has first been filed with the City’s Building and Safety Division, the proposed activity has been reviewed and approved by the Building and Safety Division for consistency with all existing laws, and the Building and Safety Division has provided such person with a written consent which shall be at the location of such sale or offer of sale and provided upon request to any person seeking to view the same.
(G) It is unlawful for any person to sell or offer for sale any goods on any property containing any occupied building within the City unless such sale is specifically permitted pursuant to the provisions of the Carson Municipal Code. (Ord. 09-1427U, § 1; Ord. 09-1427, § 1)
§ 4118.4 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property – Exclusions.
The provisions of CMC 4118.3 shall not apply to:
(1) Any person delivering any goods where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer regardless of the point of sale thereof; or
(2) Any charitable or religious solicitation which meets all requirements of CMC 6339; or
(3) Any person selling or offering to sell any merchandise upon public property if such sale is pursuant to agreement with the City or the prior written consent of the City has otherwise first been obtained. (Ord. 09-1427U, § 2; Ord. 09-1427, § 2)
§ 4118.5 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property – Violation – Penalty.
Unless otherwise provided, any person who violates any provision of CMC 4118.3 shall be guilty of a misdemeanor and may be cited or arrested. A violation of any provision of CMC 4118.3 through 4118.6 may be charged as an infraction when the prosecutor files a complaint charging the offense to be an infraction. (Ord. 09-1427U, § 3; Ord. 09-1427, § 3)
§ 4118.6 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property – Impoundment.
(A) Upon the citation or arrest of any person for violation of CMC 4118.3, the City may seize and impound all perishable and nonperishable goods in the possession of such person.
(B) Following citation or arrest pursuant to CMC 4118.5, any unlicensed person or vendor shall sign a declaration, which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods.
(C) The City shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the unlicensed person or vendor arrested or cited, in order to provide such rightful owner with an opportunity to retrieve the goods within twenty-four (24) hours. Such rightful owner, as set forth in the declaration described in subsection (B) of this Section, must present valid identification to the City’s Public Safety Division, before the City will release any seized goods. If the unlicensed person or vendor claims to be the rightful owner of the seized perishable goods, said person or vendor shall, as a condition precedent to retrieval of any perishable goods, present valid identification to the City’s Public Safety Division, and shall sign the declaration described in subsection (B) of this Section declaring himself or herself to be the rightful owner of the same. In such case, the City shall provide said person or vendor the opportunity to either:
(i) Contact, with one (1) phone call (which one (1) phone call shall be in addition to any other phone calls permitted by law to an arrestee), another individual to pick up the seized perishable goods; provided, that the goods must be picked up within twenty-four (24) hours; or
(ii) Sign a release allowing the City to immediately discard or donate such seized perishable goods.
(D) Prior to releasing, disposing or donating any perishable goods seized pursuant to this Section, the City shall inspect and take photographs and any necessary samples of such goods to maintain as evidence.
(E) Any perishable goods not retrieved by the rightful owner, as provided for in this Chapter, within twenty-four (24) hours of seizure of the same shall be immediately discarded by the City, with no liability to the City for such action.
(F) Nothing contained in this Section shall limit the ability of the City to cite the rightful owner of such seized perishable goods for violation of this Chapter.
(G) The City Manager, or his or her designee, may adopt reasonable rules and regulations, not inconsistent with this Chapter, in order to implement this Chapter. (Ord. 09-1427U, § 4; Ord. 09-1427, § 4)
§ 4129.5 Abandoned Shopping Carts – Declaration of Nuisance.
The City Council makes the following findings and declarations: the presence of wrecked, dismantled, or abandoned shopping carts, or parts thereof, creates a condition tending to reduce property values, impede emergency services, promote blight and deterioration, constitute an attractive nuisance by creating a hazard to the health and safety of minors, and create an aesthetic that is detrimental to the community and injurious to the health, safety and general welfare of the City’s residents. Therefore, the presence of wrecked, dismantled or abandoned shopping carts, or parts thereof, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of CMC 4129.5, et seq. (Ord. 07-1371, § 1)
§ 4129.5.1 Abandoned Shopping Carts – Definitions.
The following words, terms and phrases, when used in CMC 4129.5, et seq., shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
“Abandoned shopping cart” means any unattended shopping cart left on any public or private property outside the premises or parking area of the retail establishment owning the shopping cart without the written consent of the owner.
“Abandoned shopping cart prevention plan” means a document submitted by the responsible business owner as required by CMC 4129.5.5.
“Abatement of shopping cart” shall mean the removal of an abandoned shopping cart by the City or its appointed contractor.
“Agent” means the person or persons designated in an abandoned shopping cart prevention plan to provide abandoned shopping cart retrieval services on behalf of the owner of the business. The agent may be the owner if so designated in the approved abandoned shopping cart prevention plan.
“Manager” means the Public Safety Services Manager or such other official designated by the City Manager to administer CMC 4129.5, et seq.
“Owner” means the person or entity responsible for shopping carts whose name is required to appear on the shopping cart identification sign required by CMC 4129.5.2.
“Parkway” means the area between the edge of the roadway and the property line adjacent thereto. “Parkway” also includes any area within a roadway which is not open to vehicular travel.
“Premises” means the entire area owned, occupied, and/or utilized by a business owner who provides shopping carts for use by customers or other persons, and shall include any parking lot or other property provided by or on behalf of the owner for customer parking or use. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.
“Shopping cart” means a nonmotorized basket which is mounted on wheels or a similar device generally used in commercial establishments by a customer for the purpose of transporting goods of any kind. (Ord. 07-1371, § 2)
§ 4129.5.2 Abandoned Shopping Carts – Identification of Shopping Carts.
Any establishment providing shopping carts to its customers shall permanently affix to each shopping cart an identification sign of the type described in Section 22435.1 of the California Business and Professions Code which (1) identifies the owner of the shopping cart or the retailer, or both; (2) notifies the public of the procedure to be utilized for authorized removal of the shopping cart from the premises; (3) notifies the public that the unauthorized removal of the shopping cart from the premises or parking area of the retail establishment or the unauthorized possession of the shopping cart is a violation of State and local law; and (4) lists a valid telephone number or address for returning the shopping cart removed from the premises or parking area to the owner or retailer. (Ord. 07-1371, § 3)
§ 4129.5.3 Abandoned Shopping Carts – Impoundment of Shopping Carts with Identification Signs.
The impoundment procedures contained in this Section shall apply only to shopping carts that have the identification sign required by CMC 4129.5.2. A fine imposed pursuant to this Section may be appealed pursuant to CMC 4129.5.13.
(a) Any abandoned shopping cart may be impounded by the City at the owner’s cost if, prior to said impoundment, the City provides to the owner or the owner’s agent a minimum of three (3) business days’ actual notice of the shopping cart’s discovery and location. Notice may be given by any appropriate means, including by telephone. After said impoundment, the City shall notify either the owner of the shopping cart or its agent, either by telephone or in writing, that the City has impounded the shopping cart and the address at which the shopping cart is then located. Any owner or agent wishing to reclaim a shopping cart impounded pursuant to this subsection may appear during normal business hours at the applicable location and reclaim the shopping cart upon paying the $50.00 fine authorized by Business and Professions Code Section 22435.7(f), if applicable, and the City’s actual costs incurred for impoundment and storage of the shopping cart. The fine shall only be required to be paid if the owner or the agent fails to retrieve one (1) or more shopping carts within the applicable three (3) day period on three (3) separate occurrences within any six (6) month period.
(b) Alternatively, any abandoned shopping cart may be immediately impounded by the City if, within twenty-four (24) hours of the shopping cart’s impoundment, the City notifies the owner or the agent that the shopping cart has been impounded and the location at which the shopping cart was impounded. Any owner or agent wishing to reclaim a shopping cart impounded pursuant to this subsection may appear during normal business hours within three (3) business days of the date of notice at the location and times indicated in the notice to reclaim the shopping cart free of charge. Any shopping cart reclaimed within the three (3) business day period shall not be deemed an “occurrence” for the purposes of assessing the fine referred to in subsection (a) of this Section. Any shopping cart not reclaimed within three (3) business days shall be subject to the applicable fine imposed pursuant to subsection (a) of this Section commencing on the fourth business day following the date of the notice.
(c) Any shopping cart which is abandoned in a location which will impede emergency services may be immediately impounded. (Ord. 07-1371, § 4)
§ 4129.5.4 Abandoned Shopping Carts – Impoundment of Shopping Carts without Identification Signs.
The impoundment contained in this Section shall apply only to shopping carts that do not have the identification sign required by CMC 4129.5.2.
Any abandoned shopping cart without an identification sign may be immediately impounded by the City at the owner’s cost. Within forty-eight (48) hours of said impoundment, the City shall attempt to notify the owner (if the identity of the owner is known or has been ascertained by the City), either by telephone or in writing, that the City has impounded the shopping cart and the location at which the shopping cart was impounded. Any owner wishing to recover a shopping cart impounded pursuant to this Section may appear during normal business hours within thirty (30) days of the date of the notice (or, if no notice is given because the identity of the owner is not known, within thirty (30) days after impoundment) at the applicable location, and reclaim the shopping cart upon paying the City’s actual costs incurred for impoundment and storage of the shopping cart.
A shopping cart that has not been retrieved within thirty (30) days may be disposed of pursuant to CMC 4129.5.15. (Ord. 07-1371, § 5)
§ 4129.5.5 Abandoned Shopping Carts – Mandatory Abandoned Shopping Cart Prevention Plan.
Every business owner who provides shopping carts, or allows or intends to allow the use of shopping carts, shall develop, implement and comply with the terms and conditions of an abandoned shopping cart prevention plan to prevent the unauthorized removal by any person of any shopping carts from the owner’s premises and, should shopping carts be removed, to retrieve such shopping carts within twenty-four (24) hours of the removal or notice of removal. Each owner’s abandoned shopping cart prevention plan shall include the following elements and be approved by the Public Safety Services Manager or such other official designated by the City Manager to administer CMC 4129.5, et seq.:
(a) Name of Business/Owner. The name of the owner and the business name; the physical address where the business is conducted; the name, address and phone numbers of the on-site and off-site owner, if different, and the name of the agent, if any.
(b) Inventory of Shopping Carts. A complete list of all shopping carts maintained on or in the premises.
(c) Community Outreach. A description of the community outreach process under which the owner shall cause notice to be provided to customers that the removal of shopping carts from the premises is prohibited and a violation of State and City law. This notice shall include, but is not limited to, flyers distributed on the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, an announcement using intercom systems on the premises or a website, or any other means demonstrated to be effective as determined by the Manager.
(d) Notice of Posting. There shall be posted by the owner of any retail establishment furnishing shopping carts for its customers, prominently and conspicuously, a notice in substantially the following form: “REMOVAL OF SHOPPING CARTS FROM THESE PREMISES IS PROHIBITED BY LAW.”
(e) Shopping Cart Identification. Shopping carts must be clearly and easily identifiable as to the business owner that has provided the shopping carts, including the business name and the physical address where the business is conducted.
(f) Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent shopping cart removal from the premises. These measures may include, but are not limited to, electronic or other disabling devices on the shopping carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return shopping carts to the store, use of security personnel to prevent removal, a security deposit for the use of a shopping cart, or any other measures determined, at the discretion of the Manager, to be likely to prevent the removal of shopping carts from the premises.
(g) Employee Training. A description of an ongoing employee training program that shall be implemented by the owner to educate new and existing employees on the abandoned shopping cart prevention plan and conditions contained therein, at least annually.
(h) Mandatory Shopping Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner within a twenty-four (24) hour time period of removal, or evidence of a contract with a City-licensed retrieval service to serve as the owner’s agent in such process. (Ord. 07-1371, § 6)
§ 4129.5.6 Abandoned Shopping Carts – Submittal of Mandatory Abandoned Shopping Cart Prevention Plan for Approval or Denial.
(a) Each business owner who offers shopping carts to its patrons shall submit an abandoned shopping cart prevention plan in compliance with CMC 4129.5, et seq., within thirty (30) days and beginning on April 2, 2007. For all new businesses that will offer shopping carts and which open after this deadline, each owner shall be required to comply with the provisions of CMC 4129.5, et seq., regardless of receipt of written notice from the Manager prior to commencement of operations. In implementing CMC 4129.5, et seq., for the period commencing upon adoption of the ordinance from which this Section is derived, the Manager shall endeavor to provide no less than sixty (60) days’ written notice to each owner of the date that the owner’s initial abandoned shopping cart prevention plan is due.
Within thirty (30) days of receipt of a plan, the Manager may approve or deny any proposed plan and shall notify the owner of his or her decision. If approved, the abandoned shopping cart prevention plan shall be implemented by the owner no later than thirty (30) days from the date of approval. Each owner must comply with the provisions of CMC 4129.5, et seq., regardless of receipt of written notice from the Manager.
(b) The Manager may deny a proposed abandoned shopping cart prevention plan pursuant to his or her determination that:
(1) Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, police or other City codes, or any county, State, or Federal law which substantially affects public health, welfare or safety.
(2) The plan fails to include all the information required by CMC 4129.5, et seq.
(3) The plan is insufficient or inadequate to prevent removal of shopping carts from the owner’s premises.
(4) The plan fails to address any special or unique conditions arising due to the physical location of the premises as they relate to shopping cart retention and prevention efforts.
(5) Implementation of the plan would violate a term or condition of another policy or requirement of a City code.
(6) The owner has knowingly made a false statement of fact, or omitted a fact required to be revealed in an application for an abandoned shopping cart prevention plan or in any addendum or report or other information required to be provided regarding the plan.
(c) If the plan is rejected as incomplete or inadequate, the Manager shall indicate the areas of incompleteness or inadequacy, and the owner shall have an additional thirty (30) days in which to resubmit a corrected plan.
(d) An owner who fails to (1) submit a complete plan, (2) implement approved plan measures, or (3) comply with the approved plan measures shall submit a new plan upon the City’s request and/or shall be subject to enforcement of these requirements in accordance with Chapter 2 of Article I, Penalty Provisions, of the Carson Municipal Code.
(e) The Manager’s denial of a plan may be appealed pursuant to CMC 4129.5.11(c). (Ord. 07-1371, § 7)
§ 4129.5.7 Abandoned Shopping Carts – Modification of an Abandoned Shopping Cart Prevention Plan.
The Public Safety Manager or such other official designated by the City Manager to administer CMC 4129.5, et seq., may request a modification to a previously approved plan to address a change in circumstances, an unanticipated physical or economic impact of the plan or a need to modify an ineffective plan.
An owner may request a modification to a previously approved plan to address a change in circumstances, an unanticipated physical or economic impact of the plan or a need to modify an ineffective plan. (Ord. 07-1371, § 8)
§ 4129.5.8 Abandoned Shopping Carts – Exemption from Mandatory Abandoned Shopping Cart Prevention Plan Obligation.
(a) Any owner may request an exemption, on an annual basis, from the requirements of CMC 4129.5, et seq., if the owner provides written documentation and demonstrates to the satisfaction of the Manager that the owner has:
(1) A contract with a City-licensed cart retrieval service; or
(2) A physical device or mechanism currently in place which prevents the unauthorized removal of shopping carts from the owner’s premises.
(b) A written application for the exemption shall include all of the following:
(1) The name of the owner and the name of the business; the physical address where the business is conducted; and the name, address and phone number of the on-site and off-site owner.
(2) The method, management practice, or physical device that will ensure that the shopping carts will not leave the premises.
(3) Certification by the person submitting the application, signed under penalty of perjury, asserting that all information contained in the application is true and correct.
(c) Any exemption granted to an owner shall be void upon the sale or transfer of ownership of the business.
(d) An exemption shall be valid for the calendar year for which the exemption is granted. Accordingly, every exemption expires on December 31st.
(e) If, during the course of the year in which an exemption has been granted, the owner ceases to employ its designated retrieval service or any other change occurs which would make any of the information contained on owner’s application for the exemption inaccurate, owner must immediately notify the Manager in writing of such change. (Ord. 07-1371, § 9)
§ 4129.5.9 Abandoned Shopping Carts – Renewal of Mandatory Abandoned Shopping Cart Prevention Plan Exemption.
Every owner who receives an exemption from the abandoned shopping cart prevention plan must re-apply, each year, to the Manager for a one (1) year renewal of the exemption. A renewal application must be submitted at least forty-five (45) days before its expiration, to allow staff adequate time to review the application, and shall include the information required to be submitted in an initial application for the exemption. An owner who fails to (a) apply for a renewal of the exemption, (b) submit a complete plan, (c) implement approved plan measures, (d) comply with the approved plan measures, or (e) advise the City of a change in circumstance with respect to the administration of its plan shall submit a new plan upon the City’s request and/or shall be subject to enforcement of these requirements in accordance with Chapter 2 of Article I, Penalty Provisions, of the Carson Municipal Code. (Ord. 07-1371, § 10)
§ 4129.5.10 Abandoned Shopping Carts – Denial of Renewal or Revocation of a Mandatory Abandoned Shopping Cart Prevention Plan Exemption.
(a) Grounds for Denial or Revocation. An application for renewal of a mandatory abandoned shopping cart prevention plan exemption may be denied or an existing exemption revoked by the Manager upon the finding of any of the following:
(1) Any of the owner’s shopping carts currently are or have been abandoned for longer than three (3) business days after notification by the Manager on three (3) occasions in any six (6) month period.
(2) The owner has failed to comply with any of the provisions of CMC 4129.5, et seq.
(3) The owner has knowingly made a false statement of fact or omitted a fact required to be revealed in an application for the exemption, or in any amendment or report or other information required to be made.
(b) Notice of Intended Decision. Upon determining the existence of any of the grounds for denial or revocation of a renewal of an exemption, the Manager shall issue the owner a written notice of intended decision. Such notice shall state all grounds upon which the decision is based and shall advise the owner that the denial or revocation shall become final unless the owner files a written request for a hearing before the Manager within ten (10) calendar days of the date of the notice of intended decision. The notice of intended decision shall also specify the effective date of the denial or revocation. (Ord. 07-1371, § 11)
§ 4129.5.11 Abandoned Shopping Carts – Hearing and Appeal Procedure for Renewal of Exemption.
(a) Request for Hearing. Any request for a hearing to contest a decision denying the renewal or revoking of an abandoned shopping cart prevention plan exemption that has been timely requested pursuant to this Section shall be scheduled for a hearing by the Manager for a date that is no later than thirty (30) calendar days after receipt of the request for hearing. The Manager shall serve a notice of hearing on the owner at least ten (10) calendar days prior to the scheduled date of the hearing. At the hearing, the owner shall be given the opportunity to present witnesses and relevant documentary evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the City deems reliable, relevant and not unduly repetitious may be considered.
(b) The Manager’s Decision. Within twenty (20) calendar days after the hearing, the Manager shall serve the owner with a written decision sustaining, reversing or modifying the Manager’s intended decision. The decision by the Manager after the hearing shall become final unless the owner files an appeal before the City Manager pursuant to subsection (c) of this Section.
(c) Appeal to the City Manager. If an owner is dissatisfied with any decision of the Manager, the owner may file an appeal to the City Manager. The appeal must be in writing and must be received by the City Manager’s office within fifteen (15) calendar days of the date of the Manager’s decision. The City Manager, or his or her designee, shall preside at the hearing and consider all facts and testimony presented and deemed appropriate. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the City deems reliable, relevant and not unduly repetitious may be considered. The City Manager’s decision shall be final. Notice of the City Manager’s decision shall be provided to the owner within ten (10) days of the hearing. (Ord. 07-1371, § 12)
§ 4129.5.12 Abandoned Shopping Carts – Noncompliance – Enforcement.
(a) Any owner who fails to comply with any provision of CMC 4129.5, et seq., or any provision of the owner’s approved abandoned shopping cart prevention plan shall be subject to enforcement procedures for each violation through any lawful means available to the City, including, without limitation, those set forth in Business and Professions Code Section 22435.7, as amended from time to time, as well as the institution of an administrative remedy in accordance with CMC 4129.5, et seq.
(b) Any person who violates any provision of CMC 4129.5, et seq., is guilty of a misdemeanor. The provisions of these sections are not intended to preclude the application of any other laws relating to the prosecution of thefts. (Ord. 07-1371, § 13)
§ 4129.5.13 Abandoned Shopping Carts – Hearing to Contest a Fine.
Any owner of a shopping cart who has been charged a fine to reclaim a shopping cart shall be entitled to a hearing as to whether the fine has been properly charged by providing to the City Clerk a written request for a hearing within fifteen (15) days of receipt of notice that the shopping cart has been impounded. The hearing shall be held not later than thirty (30) days from the date of the hearing request and the owner shall be notified of the time, date, and location of the hearing. The City Manager or his or her designee shall appoint a hearing officer. If the hearing officer determines that the City properly impounded the shopping cart and the owner has been charged the appropriate amount, the owner shall pay all costs associated with the administrative hearing and, if he or she desires to reclaim the shopping cart, pay any applicable fine. If the hearing officer determines that the owner has been improperly charged a fine, the owner shall be entitled to reclaim the shopping cart at an adjusted fine or at no charge, whichever is applicable. (Ord. 07-1371, § 14)
§ 4129.5.14 Abandoned Shopping Carts – Location of Impounded Shopping Carts.
Any shopping cart impounded by the City pursuant to CMC 4129.5, et seq., shall be taken to a location designated by the City which is both: (a) reasonably convenient to the owner of the shopping cart; and (b) open for business at least six (6) hours of each business day. (Ord. 07-1371, § 15)
§ 4129.5.15 Abandoned Shopping Carts – Disposition of Impounded Shopping Carts.
The City shall be permitted to destroy, sell at public auction or otherwise dispose of any shopping cart, or part thereof, impounded by the City pursuant to CMC 4129.5, et seq., which has been deemed to be permanently abandoned, which may occur in the following circumstances, but is not limited to the following circumstances:
(a) The shopping cart does not have the identification sign required by CMC 4129.5.2 or other information that identifies the owner, or the City is unable to locate the owner with reasonable diligence.
(b) If the owner has not requested a hearing and the owner and the agent, if any, failed to reclaim the shopping cart from the City within thirty (30) days of receipt of notice that the shopping cart was impounded by the City.
(c) If, within thirty (30) days after a hearing, the owner or agent has failed to reclaim the shopping cart from the City.
(d) The Manager determines that the shopping cart is inoperable, unsafe, or that the cost to repair exceeds the value of the shopping cart. In such case, the shopping cart or parts thereof may be destroyed without providing the appeal hearing provided in CMC 4129.5.11(c), but the Manager shall give notice of this action to the owner, if the owner can be determined. The owner shall not be liable for any cost for removal and abatement in such case. (Ord. 07-1371, § 16)
§ 4129.5.16 Abandoned Shopping Carts – Sale of Abandoned Shopping Carts.
If the City determines to sell any shopping cart deemed to be permanently abandoned pursuant to CMC 4129.5.15, the City shall advertise the sale at a time convenient to the City. Notice of such sale, including the time and place, shall be posted in three (3) conspicuous places within the City. Ten (10) days after posting such notice, such shopping carts may be sold and delivered to the highest bidder free and clear of any claims of the owner thereof. The proceeds of such sale shall be distributed to the City. (Ord. 07-1371, § 17)
§ 4129.5.17 Shopping Cart Collection Services May Be Performed by City-Appointed Contractor.
The City may contract with a shopping cart retrieval service for the retrieval and impoundment of shopping carts or any other related service described in CMC 4129.5, et seq. (Ord. 07-1371, § 18)
§ 4129.5.18 Administration and Enforcement.
Except as otherwise provided in CMC 4129.5, et seq., the provisions of CMC 4129.5, et seq., shall be administered and enforced by the City Manager. In the enforcement of CMC 4129.5, et seq., the City Manager, or his or her designee, may enter onto public or private property to examine a shopping cart or parts thereof or to obtain information to identify the owner of the shopping cart and to order, pursuant to CMC 4129.5, et seq., the abatement and impoundment of the shopping cart, or parts thereof, declared to be a nuisance. Notwithstanding the foregoing, the Manager shall perform the day-to-day administration of CMC 4129.5, et seq. (Ord. 07-1371, § 19)
CHAPTER 7
MOBILEHOME SPACE RENT CONTROLSections:
§ 4702 Mobilehome Park Rental Review Board. «Unamended section»
§ 4702 Mobilehome Park Rental Review Board.
(a) The Mobilehome Park Rental Review Board is hereby established and shall consist of seven (7) members. In order to provide varied and balanced backgrounds, two (2) members shall be Resident Homeowners, two (2) members shall be Park Owners and three (3) members shall be At Large Members, who shall be residents of the City who are not Homeowners, Park Owners, landlords, property managers or tenants in multifamily housing. There shall also be eight (8) Alternate Members; two (2) Alternates shall be Resident Homeowners, two (2) Alternates shall be Park Owners and four (4) Alternates shall be At Large. The terms of the Board Members shall be two (2) years and a Board Member shall continue to serve until a successor has been appointed. The terms of Board Members appointed following adoption of the ordinance codified in this Section shall expire on March 31, 2001.
All Board Members and Alternate Board Members shall be appointed by the Mayor with the approval of a majority of the entire City Council present, including the Mayor. The tenure of any Board Member and Alternate shall be terminable at any time by removal by the Mayor with the approval of a majority of the entire City Council present, including the Mayor. If a vacancy occurs in a Board Member or Alternate Board Member position, an appointment shall be made by the Mayor with the approval of a majority of the entire City Council present, including the Mayor. If a vacancy should occur in the office of Mayor or Mayor is elected, the tenure of the Board Member or Alternate shall expire when the vacancy in the Mayor’s office has been filled or Mayor takes office, at which time the Mayor with the approval of a majority of the entire City Council present, including the Mayor, shall make the appointment of the Board Member or Alternate. Each Board Member or Alternate shall continue to serve until a successor has been appointed by the Mayor with the approval of a majority of the entire City Council present, including the Mayor, and has qualified unless the City Council declares the position to be vacant. All appointments shall be made in an open meeting of the City Council.
An Alternate shall serve on the Board in the absence of a Board Member. The Alternate to be called first, if available, shall have the same qualification as to home ownership or park ownership as the absent Board Member. If the Alternate Member with the same qualifications as the absent Member should be unavailable, an At Large Alternate shall be called on to serve in place of the absent Member. A Resident Homeowner Alternate shall not serve in place of a Park Owner Member and a Park Owner Alternate shall not serve in place of a Resident Homeowner Member.
(b) If a member of the Board is absent from three (3) successive regular meetings without being excused by the Board, or is absent for any reason for more than six (6) regular meetings in any twelve (12) month period, the office of such member shall be vacated and the Chair shall immediately notify the City Manager, who shall notify the City Council that said office is vacant. Upon such notification, a successor for the remainder of the term of such member shall be appointed by the Mayor with the approval of a majority of the entire City Council present, including the Mayor.
(c) The Board shall establish the time of any hearings or meetings held pursuant to this Chapter and such hearings or meetings shall be held in the City Hall as often as the Board determines to be necessary to discharge its duties hereunder.
(d) The Board shall elect one (1) of its members as the Chair and one (1) as Chair Pro Tem and said election shall be held as soon as practicable after each new term commences or new appointments are made to the majority of the Board Member positions. Four (4) Board Members, counting any Alternate serving in the absence of a Board Member, shall constitute a quorum. The decisions of the Board shall be made by a majority vote, provided however, that if there are not an equal number of Resident Homeowner Members and Park Owner Members, then a two-thirds (2/3) vote, and in no case less than four (4) affirmative votes, shall be required to reach a decision on a rent increase or rent adjustment application.
(e) The duties and responsibilities of the Board shall include the following:
(1) The Board shall make any recommendations to the City Council the Board deems appropriate regarding the implementation and enforcement of the provisions of this Chapter.
(2) The Board shall hear rent adjustment applications and determine whether to approve, modify or disapprove a rent adjustment pursuant to the procedures set forth in CMC 4704.
(3) Each Board Member or Alternate of the Mobilehome Park Rental Review Board shall receive compensation at the rate of $35.00 for each meeting of the Mobilehome Park Rental Review Board attended by such Board Member or Alternate. Such compensation shall be paid on the first register of the month following each meeting of the Board. The Secretary of the Mobilehome Park Rental Review Board shall submit to Finance Officer at the end of each applicable month a statement showing the number of meetings of the Mobilehome Park Rental Review Board attended by each Board Member or Alternate during each month. Board Members or Alternates required to make site visits as part of their preparation for a meeting may submit a request for mileage reimbursement on the City’s mileage reimbursement form using the guidelines for mileage reimbursement delineated in Standard Management Procedure (SMP) No. 3.18, or such future SMPs that may be approved. No other compensation shall be paid for expenses incurred by the Board Members or Alternates in the performance of their duties, except that the City Council may from time to time authorize in advance expenditures for attendance at seminars, institutes, or other meetings which the City Council finds to be beneficial to the Board Members or Alternates in the performance of their duties, and in the best interests of the City. Claims for such expenses shall be filed with the Finance Officer on the appropriate form and shall be subject to audit and approval by the City Council. (Ord. 79-485U; Ord. 80-519, § 1; Ord. 81-582, § 1; Ord. 82-614, § 1; Ord. 88-847, § 1; Ord. 92-983, § 2; Ord. 92-988U, §§ 1, 3; Ord. 92-994U, § 1; Ord. 97-1113, § 1; Ord. 97-1127U, § 1; Ord. 98-1130, §§ 3 – 5; Ord. 99-1164U, §§ 1, 2; Ord. 04-1325, § 9; Ord. 04-1330, § 9; Ord. 05-1333, § 1; Ord. 06-1368, § 15)
CHAPTER 14
SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEEDSections:
§ 41401 Purpose. «Unamended section»
§ 41402 Definitions. «Unamended section»
§ 41403 Spectators at Illegal Speed Contests or Exhibitions of Speed – Violation. «Unamended section»
§ 41404 Relevant Circumstances to Prove a Violation. «Unamended section»
§ 41401 Purpose.
The City of Carson finds and declares that pursuant to California Vehicle Code Section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. Motor vehicle speed contests and exhibitions of speed are more commonly known as street races or drag races. Streets within the City have been the site of illegal street racing over the past several years. Street racing threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners and residents to enjoy the use of their property within the City. Illegal street races occur on a regular basis on various streets within the City. Groups of racers and spectators gather on City streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, placing bets, and otherwise encouraging, aiding, and abetting the racing process.
Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles which are parked or moving nearby. The racers drive quickly from street to street, racing and then moving to other locations upon the arrival of the police. Participants in this illegal activity are very sophisticated, using cell phones, police scanners, and other electronic devices to communicate with each other to avoid arrest. They also use the Internet to provide information on where to race and give advice on how to avoid detection and prosecution. Traffic accidents, property crimes, and calls for police service have increased dramatically as a result of such activities.
In many cases, illegal street races have the potential to attract dozens of spectators. The mere presence of spectators at these events fuels the illegal street racing and creates an environment in which these illegal activities can flourish.
This Chapter is adopted to prohibit spectators at illegal street races with the aim of significantly curbing this criminal activity. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged. (Ord. 07-1381, § 1)
§ 41402 Definitions.
For the purposes of this Chapter, certain words and phrases used in this Chapter shall be construed as set forth in this Section unless it is apparent from the entire context that a different meaning is intended.
(a) “Illegal speed contest” or “illegal exhibition of speed” means any speed contest or exhibition of speed referred to in California Vehicle Code Sections 23109(a) and 23109(c).
(b) “Preparations” for an illegal speed contest or exhibition of speed means, but is not limited to, situations in which (1) a group of motor vehicles or individuals has arrived at an illegal speed contest or exhibition of speed location for the purpose of participating in or being spectators at an illegal speed contest or exhibition of speed event; (2) a group of individuals has lined one (1) or both sides of a public street or highway for the purpose of participating in or being a spectator at an illegal vehicle speed contest or exhibition of speed event; (3) a group of individuals has gathered on private property open to the general public for the purpose of participating in or being a spectator at an illegal speed contest or exhibition of speed event; (4) one (1) or more individuals have impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting an illegal speed contest or exhibition of speed event; (5) two (2) or more vehicles have lined up with motors running for an illegal speed contest or exhibition of speed; (6) one (1) driver or more is revving his engine or spinning his tires in preparation for an illegal speed contest or exhibition of speed; or (7) an individual is stationed at or near one (1) or more motor vehicles, serving as a race starter for an illegal speed contest or exhibition of speed.
(c) “Spectator” means any individual who is present at an illegal speed contest or exhibition of speed, or at a location where preparations are being made for such event, for the purpose of viewing, observing, watching or witnessing the event as it progresses. “Spectator” includes any individual at the location of an illegal vehicle speed contest or exhibition of speed, without regard to how the individual arrived at such event. (Ord. 07-1381, § 1)
§ 41403 Spectators at Illegal Speed Contests or Exhibitions of Speed – Violation.
It shall be unlawful for any individual to:
(a) Knowingly gather, attend, or assist an illegal speed contest or illegal exhibition of speed as defined by Vehicle Code Section 23109; or
(b) Knowingly gather, attend or assist in preparations for any such event.
The Public Services General Manager, or his or her designee, is authorized and directed to enforce and administer the provisions of this Chapter. Violations of this Chapter may be enforced by administrative proceeding, civil action, or by criminal action as an infraction or misdemeanor at the discretion of the prosecuting attorney, with the amount of any fine or criminal penalty established by the City Council. In any action, attorneys’ fees may be recovered by the prevailing party. (Ord. 07-1381, § 1)
§ 41404 Relevant Circumstances to Prove a Violation.
Notwithstanding any other provision of law, to prove a violation of CMC 41403, admissible evidence may include, but is not limited to, any of the following:
(a) The time of day;
(b) The nature and description of the scene;
(c) The number of people at the scene;
(d) The location of the individual charged in relation to any individual or group present at the scene;
(e) The number and description of motor vehicles at the scene;
(f) That the individual charged has previously participated in an illegal speed contest or exhibition of speed;
(g) That the individual charged has previously aided and abetted an illegal speed contest or exhibition of speed;
(h) That the individual charged has previously attended an illegal speed contest or exhibition of speed; or
(i) That the individual charged previously was present at a location where preparations were being made for an illegal speed contest or exhibition of speed or where an exhibition of speed or illegal speed contest was in progress. (Ord. 07-1381, § 1)
CHAPTER 15
RESIDENCY AND LOITERING RESTRICTIONS FOR SEX OFFENDERS*Sections:
§ 41501 Definitions. «Unamended section»
§ 41502 Violation of Child Safety Zone. «Unamended section»
§ 41503 Violation of Residential Exclusion Zone. «Unamended section»
§ 41504 Sex Offender Violation – Dwellings. «Unamended section»
§ 41505 Sex Offender Violation – Multiple Dwellings and Mobilehome Parks – Permanent Resident. «Unamended section»
§ 41506 Sex Offender Violation – Hotel/Motel Rooms. «Unamended section»
§ 41507 Sex Offender Violation – Hotel/Motel Rooms – Permanent Resident. «Unamended section»
§ 41508 Responsible Party Violation – Permanent Residence. «Unamended section»
§ 41509 Responsible Party Violation – Temporary Residence. «Unamended section»
§ 41510 Responsible Party Violation – Hotel/Motel Rooms. «Unamended section»
§ 41511 Penalties. «Unamended section»
§ 41512 Criminal Penalties Do Not Satisfy Administrative or Civil Actions. «Unamended section»
§ 41513 Civil Actions. «Unamended section»
*Editor’s Note: Ordinance No. 08-1413U added this chapter as Article IV, Chapter 14. This chapter was editorially renumbered to avoid duplication.
§ 41501 Definitions.
For purposes of this Chapter only, and unless the context clearly requires a different meaning, the words, terms and phrases set forth in this Section are defined as follows:
A. “Dwelling” as defined by CMC 9191.202.
B. “Dwelling unit” as defined by CMC 9191.214.
C. “Dwelling, single-family” as defined by CMC 9191.210.
D. “Dwelling, multiple” as defined in CMC 9191.206.
E. “Child” or “children” as defined in CMC 9191.086.
F. “Child day care” or “community day care facility” as defined in CMC 9191.090 and 9191.126.
G. “Dwelling, second unit” as defined by CMC 9191.208.
H. “Residential hotel,” “transient hotel” and “motel” as defined in CMC 9191.298, 9191.302 and 9191.402.
I. “Residential condominium” and “condominium unit” as defined in CMC 9191.162 and 9191.166.
J. “Child safety zone” shall include those areas located within a three hundred (300) foot radius of a child care center, public or private school, park, public library, swimming or wading pool, commercial establishment that provides any area in or adjacent to such establishment as a children’s playground, school bus stop, or any location that facilitates on the property classes or group activities for children.
K. “Loitering” shall mean to delay, linger, remain or wander without any apparent purpose.
L. “Mobilehome” as defined by CMC 9191.394.
M. “Owner’s authorized agent” shall mean any person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or the manager, lessee, agent, servant office or employee authorized to act for the owner of a property.
N. “Public park or playground” as defined by CMC 9191.430.
O. “Permanent residence” shall mean any occupant who, as of a given date, has either at his or her own expense or at the expense of another obtained the right of occupancy in a residential dwelling for which rent was charged and paid in advance for a minimum of one (1) month.
P. “Property owner” shall mean the owner of record of any parcel of real property as designated on the County Assessor’s tax roll or a holder of a subsequently recorded deed to the property, and shall include any part owner, joint owner, tenant, tenant in common, or joint tenant, of the whole or part of such a building or land.
Q. “Residential exclusion zone” means a zone in which a sex offender is prohibited from temporarily or permanently residing, and includes those areas located in the following distances:
1. Two thousand (2,000) feet of the closest property line of the subject property to the closest property line of a public or private school or park; or
2. Three hundred (300) feet of the closest property line of the subject property to the closest property line of a child care center.
R. “Responsible party” shall mean the property owner and/or the owner’s authorized agent.
S. “Sex offender” means any person for whom registration is required pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation.
T. “Temporary residence” means any occupant who, for a period of less than one (1) month, either at his or her own expense or at the expense of another, obtains the right of occupancy for which rent is charged. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41502 Violation of Child Safety Zone.
No sex offender shall loiter in a child safety zone except as follows:
A. Where the sex offender is a minor, and he/she is present within three hundred (300) feet of a child safety zone while accompanied by a parent or legal guardian.
B. Where the sex offender is present within three hundred (300) feet of a child safety zone only because he/she is accompanying a related minor to that site and only for so long as necessary to provide care and/or supervision to the related minor. As used herein, “related minor” means a minor to whom the sex offender is the legal parent or guardian.
C. Where the sex offender is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion at a place of worship, or freedom of speech or the right of assembly at a traditional public forum. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41503 Violation of Residential Exclusion Zone.
No sex offender shall permanently or temporarily reside in a residential exclusion zone. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41504 Sex Offender Violation – Dwellings.
No sex offender shall obtain occupancy in a dwelling unit, mobilehome, a single-family dwelling, second unit dwelling, multiple dwelling, or a residential condominium unit already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41505 Sex Offender Violation – Multiple Dwellings and Mobilehome Parks – Permanent Resident.
No sex offender shall be a permanent or temporary resident in a multiple dwelling, including multiple detached units, if ten (10) percent or up to a maximum of six (6) units of the total dwelling units within the multiple dwelling are already occupied by sex offenders (“occupied units”). Notwithstanding the above, a sex offender may be a permanent or temporary resident of an occupied unit within a multiple dwelling, without violating the restrictions contained herein, if the occupied unit is occupied by another sex offender legally related to the sex offender by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41506 Sex Offender Violation – Hotel/Motel Rooms.
No sex offender shall obtain occupancy in a guest room of a hotel, residential hotel, or motel already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41507 Sex Offender Violation – Hotel/Motel Rooms – Permanent Resident.
No sex offender shall be a permanent or temporary resident in a hotel, residential hotel, or motel if ten (10) percent or up to a maximum of six (6) units of the total dwelling units within the hotel, residential hotel, or motel are already occupied by sex offenders (“occupied units”). Notwithstanding the above, a sex offender may be a permanent or temporary resident of an occupied unit within a hotel, residential hotel, or motel without violating the restrictions contained herein, if the occupied unit is occupied by another sex offender legally related to the sex offender by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41508 Responsible Party Violation – Permanent Residence.
No responsible party shall knowingly rent a mobilehome or dwelling unit to more than one (1) sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41509 Responsible Party Violation – Temporary Residence.
No responsible party shall knowingly rent a mobilehome or dwelling unit to more than one (1) sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41510 Responsible Party Violation – Hotel/Motel Rooms.
No responsible party shall knowingly exceed the number of units occupied by a sex offender subject to CMC 41507 or rent a guest room in a hotel, residential hotel, or motel to more than one (1) sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41511 Penalties.
Every person who fails to obey and comply with any provisions of CMC 9122.9, 9138.72 or 9182.31 or this Chapter or who violates any such provision or who causes such failure, disobedience or violation shall be deemed guilty of a misdemeanor and shall be subject to the penalties as set forth in CMC 1200. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41512 Criminal Penalties Do Not Satisfy Administrative or Civil Actions.
Neither the arrest, prosecution, conviction, imprisonment, or payment of any fine for the violation of CMC 9122.9, 9138.72 or 9182.31 or this Chapter shall satisfy or diminish the authority of the City to institute administrative or civil actions seeking enforcement of any or all of the provisions of this Chapter. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
§ 41513 Civil Actions.
Any person required to comply with any or all of the provisions of CMC 9122.9, 9138.72 or 9182.31 or this Chapter shall be liable in an action filed by the City in any court of competent jurisdiction in order to enforce such provision and to pay such reasonable costs of the suit as the court may deem appropriate, including any and all attorney fees incurred by the City in the prosecution of said enforcement action. (Ord. 08-1413U, § 5; Ord. 08-1414U, § 3; Ord. 08-1413, § 5)
|
|