Vista Municipal Code § 8.63 Fire Hazard Severity Zones

A. Except as provided in subsection ( B), lands shall be designated medium, high, and very high fire hazard severity zones as identified by the California Office of the State Fire Marshal and as designated on the map titled “City of Vista Fire Hazard Severity Zones,” dated March 24, 2025.

B. The following areas shall be designated high fire hazard severity zones in accordance with Government Code section 51179: Buena Vista Creek, Buena Creek, and Agua Hedionda Creek.

C. The map titled “ City of Vista Fire Hazard Severity Zones,” dated March 24, 2025, is hereby adopted and incorporated in this code by reference.

Ord. No. 2025-03; Adopted 06/10/25)

In instances where a single parcel of land includes multiple fire hazard severity zone designations, including moderate, high, or very high, the entire parcel shall be considered as falling within the highest designated zone present on any portion of the parcel. Ord. No. 2025-03; Adopted 06/10/25)

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Chapter 8. 64

Multiple Responses by Law Enforcement to Loud Parties

Sections:

Section 8. 64. 010 Purpose Section 8. 64. 020 Definitions Section 8. 64. 030 First Response Section 8. 64. 040 Subsequent Responses Section 8. 64. 050 Confidentiality

Section 8. 64. 010 Purpose

It is the purpose of this chapter to provide a source of recovery for the costs incurred by

the City and the county in returning a second or subsequent time to the scene of a disturbance of the peace. Ord. No. 91- 30, Enacted, 10/ 08/ 91)

Section 8. 64. 020 Definitions

A. " Responsible person" is the person who owns the property where the party,

gathering, or event takes place and/ or the person in charge of the premises and/or the person who organized the party, gathering, or event. If the person responsible for the event is a minor, then the parents or guardians of that minor will jointly and severally be liable for the costs incurred for second and subsequent City and/ or county responses. B. " Cost of second and subsequent responses" means the full compensation of the City employees, officials, agents and contract officers for the amount of time actually expended responding to or in remaining at the disturbance of the peace; together with the actual cost of any medical treatment to employees injured while responding to disturbance; and the costs of repairing any county equipment or property damaged or destroyed while responding to the disturbance. Ord. No. 91- 30, Enacted, 10/ 08/ 91)

Section 8. 64. 030 First Response

A. During a first response to a disturbance of the peace occurring on private

property, the responding officer(s) may, among other things, deliver to the responsible person or persons, a " Notice of Violation: First Response" which shall contain a message stating the following:

This notice of violation is given to you as a result of a first response of the Vista Sheriff' s Station to a disturbance of the peace occurring in violation of Penal Code Section 415. You will and county personnel and equipment be charged all City expenses incurred as a result of any second or subsequent responses to this location. B. The " Notice of Violation: First Response" may contain other information as deemed necessary by the City Manager to accomplish the purposes of this chapter. Ord. No. 91- 30, Enacted, 10/ 08/ 91)

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Section 8. 64. 040 Subsequent Responses

A. If the Sheriff's Department is required to respond a second time to a disturbance

of the peace and a " Notice of Violation: First Response" has been delivered to the responsible person or persons, then the City shall commence computing the response costs. B. A statement of the charges incurred by the City and the county in their second and subsequent responses shall be prepared and delivered to the responsible person or

persons. C. Compensation for salaries required during a second or subsequent response shall be deemed a debt to the City and the City shall be authorized to collect through appropriate measures. This may include expenses for actions in court necessary to recover such costs. The responsible person or persons shall also be liable to the county for any damage to equipment or property, or injury to contract employees, resulting from a second or subsequent response. Ord. No. 91- 30, Enacted, 10/ 08/ 91)

Section 8. 64. 050 Confidentiality

Information furnished and secured pursuant to this chapter shall be confidential in

character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter or pursuant to a Court Order. Ord. No. 91- 30, Enacted, 10/ 08/ 91)

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Chapter 8. 66

Loitering for Drug- Related Purposes

Sections:

Section 8. 66. 010 Acts Prohibited Section 8. 66. 020 Definitions Section 8. 66. 030 Circumstances Section 8. 66. 040 Violation Section 8. 66. 050 Enforcement

Section 8. 66. 010 Acts Prohibited

It is unlawful for any person to loiter in, on or near any thoroughfare or place open to the public or near any public or private place in a manner and under circumstances manifesting the purpose of engaging in drug- related activity defined as offenses in Chapters 6 and 6. 5 of Division 10 of the California Health and Safety Code. Ord. No. 94- 3, Enacted, 02/ 08/ 94)

Section 8. 66. 020 Definitions

user, possessor, or seller" is a person who has, within the Known unlawful drug

knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession, or sale of any of the substances referred to in Chapters 6 and 6. 5 of Division 10 of the California Health and Safety Code, or such person has been convicted of any violation of any of the provisions of said sections or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as " needle tracks;" or a person who possesses drug paraphernalia. Ord. No. 94- 3, Enacted, 02/ 08/ 94)

Section 8. 66. 030 Circumstances

Among circumstances that may be considered in determining whether such purpose is

manifested are that the person: A. Is a known drug user, possessor, or seller. B. Is currently subject to an order prohibiting his or her presence in a high drug activity geographic area. C. Behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug- related activity, including by way of example only, acting as a " lookout." D. Is physically identified by the officer as a member of a gang or association which has as its purpose illegal drug activity. E. Transfers small objects or packages for currency in furtive fashion. F. Takes flight upon the appearance of a police officer. G. Tries to conceal himself or herself or any object which reasonably could be involved in an unlawful drug- related activity. H. Is in an area that is known for unlawful drug use and trafficking. I. Is on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity.

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J. Is in or within six feet of any vehicles registered to a known unlawful drug user,

possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug- related activity. Ord. No. 94- 3, Enacted, 02/ 08/ 94)

Section 8. 66. 040 Violation

Any individual who violates any provision of this chapter is guilty of a misdemeanor and is subject to six months in jail and a $ 1, 000 fine. Ord. No. 94- 3, Enacted, 02/ 08/ 94)

Section 8. 66. 050 Enforcement

A. The San Diego County Sheriff' s Department is responsible for the enforcement of

this chapter. B. Officers charged with the enforcement of this chapter shall receive specialized training in determining whether the above circumstances are considered appropriate for enforcement action. Ord. No. 94- 3, Enacted, 02/ 08/ 94)

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Chapter 8. 68

Prohibition of Alcoholic Beverages

Sections:

Section 8. 68. 010 Purpose Section 8. 68. 020 Conditions for Consumption Section 8. 68. 030 Exception Section 8. 68. 040 Enforcement

Section 8. 68. 010 Purpose

It is the purpose of this chapter to restrict the consumption of alcoholic beverages within

Specific Plan 26. Ord. No. 92- 3, Enacted, 02/ 25/ 92)

Section 8. 68. 020 Conditions for Consumption

It is unlawful for any person to consume an alcoholic beverage at any time on any

publicly owned property, or while on private property within the public view without the expressed permission of the owner, his agent, or the person in lawful possession thereof. It is also unlawful to possess, on any publicly owned property an opened or unsealed container holding an alcoholic beverage. " Publicly owned property," as used in this chapter, shall mean any road, street, sidewalk, trail, park, plaza, or other facility within the City of Vista which is publicly owned, leased, or beneficially used by the City of Vista or another public agency. Ord. No. 92- 3, Enacted, 02/ 25/ 1992; Ord. No. 2001- 18, Amended, 10/ 25/ 01)

Section 8. 68. 030 Exception

Notwithstanding the foregoing, consumption and possession of alcoholic beverages is

permitted on publicly owned property if the consumption or possession occurs in the manner and in the areas authorized under a City-approved special event permit, facilities use permit, or other City approval. Ord. No. 92- 3, Enacted, 02/ 25/ 1992; Ord. No. 2001- 18, Amended, 10/ 25/ 01)

Section 8. 68. 040 Enforcement

The provisions of this chapter shall be enforced by the San Diego County Sheriff's

Department and any other authorized representatives of the City. All violations shall be punishable as an infraction in accordance with Chapter 1- 10 of the Vista Municipal Code. Ord. No. 92- 3, Enacted, 02/ 25/ 1992; Ord. No. 2001- 18, Amended, 10/ 25/ 01)

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Chapter 8. 70

Private Ambulance Services

Sections:

8. 70. 010 Purpose and Intent
9. 70. 020 Definitions
10. 70. 030 Prohibition of Non- Licensed Ambulance Service
11. 70. 040 Exemptions
12. 70. 050 Permit Application
13. 70. 060 Decision on Application
14. 70. 070 Grounds for Denial
15. 70. 080 Notification of Denial of Application
16. 70. 090 Term of Permit
17. 70. 100 Reporting Changes in Information Upon Which Permit is Issued
18. 70. 110 Application Fee
19. 70. 120 General Requirements
20. 70. 130 Prohibited Activities
21. 70. 140 Suspension or Revocation of Permit
22. 70. 150 Notice and Hearing upon Suspension or Revocation
23. 70. 160 Appeal of Decisions by Fire Chief
24. 70. 170 Non- Transferability of Permit
25. 70. 180 Renewal of Permit
26. 70. 190 Temporary Permits
27. 70. 200 Provision of Emergency Service

Section 8. 70. 010 Purpose and Intent

By enacting this chapter, the City Council intends to further its legitimate objective of

assuring safe, reliable, qualified, and adequate medical transportation services for the sick, injured and disabled by establishing licensing requirements for private providers for non- emergency medical transportation services and to relieve and assist public emergency service providers during periods when the need for such emergency services exceeds the capacity or availability of the public service providers. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 020 Definitions

For purposes of this chapter, the following terms shall have the meanings given below:

Ambulance" means any motor vehicle or aircraft specially constructed, modified or

equipped and used for the purpose of transporting sick, injured, disabled, convalescent, infirm or otherwise incapacitated persons, including vehicles used for critical care transport. Ambulance does not include a gurney van transport or wheelchair transport designed for the transportation of persons who are wheelchair users. Ambulance Provider" means a person, firm, partnership, corporation, or other organization which furnishes or offers to furnish ambulance service to the public, its employees, of Vista. " Ambulance Provider" includes all organizations thator visitors or residents of the City provide or operate an ambulance on private property whether or not required to do so by local,

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state, or federal law or regulation. " Ambulance Provider" does not include federal, state, or local

government entities. Ambulance Service" means the activity, business or service, for hire, profit, or otherwise, of being prepared for, responding to requests for and/ or transporting one or more persons by ambulance on or in any of the streets, roads, highways, alleys, or any public way or place in the City of Vista. " Ambulance Service" includes the activity of organizations that provide or operate an ambulance on private property whether or not required to do so by local, state, or federal law or regulation. " Ambulance Service" does not include situations in which the activity is neither initiated nor terminated in the City of Vista. County Ambulance Provider' s Permit" means written authorization by San Diego County to provide emergency or non- emergency ambulance service within the county. County Critical Care Transport Provider' s Permit" means written authorization by San Diego County to provide emergency or non- emergency critical care transport within the county. County Non- Emergency Medical Transport Provider' s Permit" means written authorization by San Diego County to provide non- emergency medical transport service. Emergency Call" means a request for an ambulance to transport or assist persons in apparent sudden need of medical attention or, an ambulance transport that is initially classified as a non- emergency call that becomes an emergency call due to a change in the patient's medical condition. Emergency Service" means the service performed in response to an emergency call. Gurney Van Transport" means any vehicle, whether or not it is specially constructed, modified or equipped, that is used for the purpose of transporting patients who cannot travel in an upright, sitting position, or who are confined to a wheelchair, and for whom the need for any medical care, treatment or procedure is not required, likely or foreseeable. Non- Emergency Call" means an ambulance call for a purpose other than an emergency. Private Call" means any call for services that is received by an ambulance provider other than through the 911 system. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 030 Prohibition of Non- Licensed Ambulance Service

It is prohibited for any person engaged in providing ambulance services to provide either

emergency or non- emergency ambulance services within the City of Vista without having a valid permit to provide such services issued by the City pursuant to this chapter. Any person in violation of this section shall be guilty of a misdemeanor, subject to penalty pursuant to Section

1. 16. 10. D. of this Municipal Code. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 040 Exemptions

None of the provisions of this chapter shall apply to any federal or state agent, or to employees of any agency of the United States government or State of California, while acting in the scope and course of their duties, or to any ambulance provider or its employees who have been requested to provide ambulance services by any authorized officer or employee of the City of Vista or the County of San Diego during any emergency declared pursuant to the California Emergency Services Act, Title 2, Division 1, Chapter 7 of the Government Code. Ord. No. 2001- 13, Added, 08/ 24/ 01)

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Section 8. 70. 050 Permit Application

Applications for permits to provide ambulance services within the City of Vista may be

obtained from the Vista Fire Department. Every application for a permit to provide ambulance services shall be submitted in writing to the Fire Chief of the City of Vista, on forms approved or provided by the Fire Chief, and shall include all of the following information: A. The name, legal status, and business address of the applicant, along with the name( s) and address( es) of each owner, partner, officer, director, and every share holder having control of ten percent or more of the applicant' s stock. B. The name( s) under which the applicant has or is engaged, or proposes to engage, in ambulance services. C. A copy of a valid business license issued by the City of Vista. D. A copy of a valid County Ambulance Provider' s Permit or a County Critical Care Transport Provider' s Permit or a County Non- Emergency Medical Transport Provider' s Permit. If the applicant holds more than one of these permits, a copy of each one must be provided. E. Any additional information which the Fire Chief deems reasonably necessary. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 060 Decision on Application Within 30 days after having received a completed application for an ambulance services permit, the Fire Chief shall determine whether or not the permit is approved, and shall notify the applicant in writing of the determination. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 070 Grounds for Denial

The Fire Chief may reject or deny any application for an ambulance services permit, or a renewal of such permit, upon a finding of any of the following: A. The application is incomplete. B. The applicant, or any owner, partner, officer, director of applicant, or any representative or agent of applicant, has knowingly made any false, misleading, or fraudulent statement of a material fact in the application. C. The applicant, or any owner, partner, officer, director of applicant, or any shareholder controlling ten percent or more of applicant's stock, has had an ambulance services permit issued by the City of Vista suspended or revoked. D. The applicant, or any owner, partner, officer, director of applicant, or any shareholder controlling ten percent or more of applicant' s stock, has had revoked a County Ambulance Provider' s Permit, a County Critical Care Transport Provider' s Permit, or a County Non- emergency Medical Transport Provider' s Permit. E. The applicant, or any owner, partner, officer, director of applicant, or any shareholder controlling ten percent or more of applicant' s stock, has been convicted of any crime which reasonably relates to the suitability of the applicant to provide ambulance services to persons who are in a vulnerable condition. Such crimes may include, but are not limited to, theft- related offenses, sexual offenses, violence against a person, and drug or alcohol offenses. When making a determination whether a permit should be denied on this basis, the Fire Chief shall consider the nature of the offense, its remoteness in time, and whether the offender has been rehabilitated. A plea or a verdict of guilty, a finding of guilty by a court in a trial without a jury, a plea of nolo contendere or a forfeiture of bail is deemed a conviction for purposes of this chapter. F. The applicant, or any owner, partner, officer, director of applicant, or any shareholder controlling ten percent or more of applicant's stock, has violated any provision of

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this chapter, or any provision of any law or ordinance law regulating ambulance services. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 080 Notification of Denial of Application

A. Notification of Denial: upon denial of any application, the Fire Chief shall notify the applicant of the reasons for such denial in writing within 30 days of having received a completed application. Such notice shall be given in writing and delivered by personal service or mailed to the applicant' s last address provided in the application. B. Request for Review: upon receiving notice of denial of an application for ambulance services, the applicant may request a review hearing with the Fire Chief. A request for review shall be made in writing and filed with the Fire Chief within ten days from the date on which the notice of denial was delivered or mailed. The review hearing shall be conducted not more than 20 days after receipt of the request for review. The Fire Chief shall notify the applicant in writing of the time and place for the review hearing at least ten days prior to the review hearing. At the review hearing, the applicant may present additional information or evidence to rebut the grounds for denial. The decision of the Fire Chief to deny an application for a permit shall be subject to appeal to the City Manager pursuant to Section 8. 70. 160. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 090 Term of Permit

Except for temporary permits issued pursuant to Section 8. 70. 190, each permit issued

pursuant to the provisions of this chapter shall expire on June 30, regardless of the date of issuance, unless prior thereto revoked by the City. Ord. No. 2001- 13, Added, 08/ 24/ 01; Ord. No. 2010- 11, Amended, 5/ 11/ 10)

Section 8. 70. 100 Reporting Changes in Information Upon Which Permit is Issued

Each applicant or permit holder shall report to the Fire Chief any changes to the

information submitted by the applicant at the time of the application within ten days of the date of the change. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 110 Application Fee

In addition to any other fees or taxes that may apply to the provision of ambulance

services, there is hereby established and imposed on every application for an ambulance services license, an application fee for the purpose of defraying the cost of reviewing each application and issuing the permit. The application fee is non- refundable, unless the amount of the fee paid was in error. Initially, upon the effective date of this chapter the application fee shall be established at the rate of $ 250. The City Council may, from time to time by adoption of a resolution, adjust the amount of the application fee to reflect changes in the cost of reviewing each application and issuing the permit. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 120 General Requirements

Every ambulance services permit issued pursuant to this chapter to any ambulance

service provider is issued subject to the following conditions and requirements.

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A. The service provider shall, immediately upon receiving any private call for

ambulance service requiring emergency medical assistance, refer such call to the designated 911 emergency dispatcher of the jurisdiction in which the emergency is located. If the call originates in the City of Vista, the call may be routed directly to the emergency line for the Vista Fire Department. B. The service provider shall disclose to every person requesting services that the ambulance is not available for an emergency call, except when the ambulance service provider has been authorized for emergency call responses by the Vista Fire Chief. C. In the event that a medical or other emergency occurs during the non- emergency transport of any patient, whether or not due to the patient' s medical condition, the service provider shall immediately contact the 911 emergency operator for instructions and shall follow the instructions given by the 911 emergency dispatcher and the base hospital. D. The service provider shall make an audio recording of all telephone and radio calls for ambulance services originating or occurring within the City of Vista, and shall maintain such audio recordings for a minimum period of 100 days, if the call originated from the City of Vista. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 130 Prohibited Activities

Any ambulance service provider acting under a permit issued by the City of Vista shall not

engage in any of the following activities: A. Using any scanner or radio monitoring device to respond to any call for medical transportation, unless a request for such response was made by the person placing the call, or by any public safety dispatch center having jurisdiction in the territory in which the response is to be made. B. Responding to the location of any medical transportation request without having been authorized and assigned to respond to such request by the public safety dispatch center having jurisdiction in the territory in which the request is made. C. Providing emergency medical services within the City of Vista, except in the event of emergencies occurring during a non- emergency transport resulting from a sudden or unexpected change in the condition of the patient, and then only under instruction by the 911 emergency dispatcher or base hospital. D. Soliciting, advertising, or offering medical transportation services within the City of Vista, without having a valid ambulance services permit issued pursuant to this chapter. E. Soliciting, advertising, or offering to provide emergency medical services within the City of Vista. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 140 Suspension or Revocation of Permit

The Fire Chief may initiate a revocation or suspension of an ambulance services permit issued pursuant to this chapter for any of the following causes: A. The discovery or occurrence of any information, event, or condition described in Section 8. 70. 070 giving grounds for denial of the application. B. A violation of any of the provisions of Sections 8. 70. 120 or 8. 70. 130. C. The occurrence of any event or conduct in providing ambulance services within the City of Vista, which results in endangerment to the health, safety, or welfare of any person. Except in those circumstances in which the Fire Chief finds and determines there exists an immediate threat to the health and safety of the public, the suspension or revocation of an ambulance service permit under this chapter shall be subject to ( i) prior notification by the Fire

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Chief of the intent to revoke or suspend any ambulance services permit, which includes the grounds for such revocation or suspension, and ( ii) an opportunity for the permit holder to appear and respond to the charges or causes given for the revocation or suspension. In circumstances in which the Fire Chief finds and determines there exists an immediate threat to the health and safety of the public, the Fire Chief may immediately suspend or revoke an ambulance services permit without prior notice. However, such notice and an opportunity to respond shall be provided by the Fire Chief as soon as can reasonably be arranged following the suspension or revocation. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 150 Notice and Hearing upon Suspension or Revocation

Upon determining that cause exists for suspension or revocation of an ambulance services permit, the Fire Chief shall give a written notice to the permit holder of the causes for such suspension or revocation, and shall include a date, time and place for a hearing to review such causes. The notice of suspension or revocation shall be delivered to the applicant, at the applicant' s address of record under the permit, either by personal service or by depositing the notice in any depository of the U. S. Postal Service, first class postage prepaid, within 72 hours of the decision to suspend or revoke. If the suspension or revocation is not effective immediately, pursuant to Section 8. 70. 140, the effective date for the suspension or revocation shall not be made prior to the date set for the hearing. The date set for hearing shall not be made earlier than seven days from the date of the notice. The permittee may appear at the hearing on the date, time and place set in the notice of suspension or revocation or, at least 24 hours prior to such date and time, may for good and sufficient reason request an alternate date and time for such hearing, but not beyond seven days from the date and time originally set by the Fire Chief. At the hearing on suspension or revocation, the permittee may be represented by a person of the applicant' s own choosing, and may present evidence to rebut the grounds for suspension or revocation. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 160 Appeal of Decisions by Fire Chief

A decision of the Fire Chief to deny an application for an ambulance services permit under Section 8. 70. 080, or to suspend or revoke a permit pursuant to Section 8. 70. 150 shall be final, unless within ten days of the date of the decision by the Fire Chief, a written appeal is filed with the City Clerk of the City setting forth the specific reasons why the denial of the application, or the suspension or revocation of the permit, is improper. Upon receiving notice that a timely appeal has been filed from the City Clerk, the City Manager shall cause an administrative hearing to be conducted on the appeal. The City Manager may conduct the hearing, or he or she may designate a hearing officer. The hearing on the appeal shall be held not more than 60 days from the date on which the appeal was timely filed with the City Clerk, unless a later date is agreed upon by the appellant. At the appeal hearing, both the appellant and the Fire Chief may present evidence relevant to the grounds for appeal and the decision to deny the application, or to revoke or suspend the permit. Upon the conclusion of the hearing, the City Manager or hearing officer may uphold, modify, or reverse the decision of the Fire Chief. Within five days of the conclusion of the hearing, the City Manager or hearing officer shall provide the decision in writing to the appellant and to the Fire Chief, and shall file a copy of the decision with the City Clerk. The decision of the City Manager or the hearing officer shall be final. Ord. No. 2001- 13, Added, 08/ 24/ 01)

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Section 8. 70. 170 Non-Transferability of Permit Permits issued pursuant to this chapter are non- transferable. Notwithstanding the provisions of Section 8.70. 100, the holder of an ambulance service permit shall notify the Fire Chief at least 30 days prior to the effective date of the sale or transfer of the permittee' s business. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 180 Renewal of Permit

At least 30 days prior to the expiration of a current valid permit issued pursuant to this chapter, an application for renewal of the permit may be filed in writing with the Fire Chief on such forms or in such manner as the Fire Chief may determine. All applications for renewal shall identify and include any changes in the information provided on the application for the current application. The application for renewal shall include all information required for issuance of a permit, including a permit application fee, pursuant to Section 8. 70. 110. Nothing in this chapter shall be construed as requiring automatic renewal of any permit upon its expiration. An application for renewal of a permit shall be treated, in all respects, as an initial application, and the burden of proof respecting compliance with this chapter shall be upon the applicant. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 190 Temporary Permits

The Fire Chief, in his or her discretion, may issue a temporary ambulance services permit

to an ambulance services provider based outside the county, if the ambulance services provider is properly licensed by the California Highway Patrol. Such temporary permits shall be limited to no more than 30 days per calendar year, and shall be issued only in connection with special events. The Fire Chief shall require that any ambulance services provider who is issued a temporary permit shall meet all of the requirements of this chapter, including payment of the permit application fee, except that a temporary permit issued by the County of San Diego authorizing the ambulance service provider to provide ambulance services may be substituted for a County Ambulance Provider' s Permit. Ord. No. 2001- 13, Added, 08/ 24/ 01)

Section 8. 70. 200 Provision of Emergency Service

Except as otherwise permitted by Section 8. 70. 040, no ambulance provider shall respond

to any emergency call unless the response occurs pursuant to a contract with the City authorizing a response when the City' s capacity to provide emergency service is exhausted or the City otherwise determines that supplemental emergency service is required. The City Manager shall be authorized to approve and execute any such contract. This chapter shall not otherwise control or govern any aspect of the services provided under such contract, its formation, or its termination. Ord. No. 2001- 13, Added, 08/ 24/ 01)

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Chapter 8. 72

Conveyance of Shopping Carts on Public Land

Sections:

8. 72. 010 Conveyance of Shopping Carts on Public Land
9. 72. 020 Retrieval and Detention of Abandoned Shopping Carts
10. 72. 030 Violation- Penalty

Section 8. 72. 010 Conveyance of Shopping Carts on Public Land

A. It shall be unlawful for a person to convey a shopping cart on public land except under the following circumstances: 1. To directly return a shopping cart to the store that owns or leases the shopping cart, without putting the shopping cart to another personal use. 2. To use the shopping cart to transport groceries or items purchased from the store which owns or leases the shopping cart, provided that the use of the shopping cart was authorized by the store as required by the California Business and Professions Code, and the shopping cart is used to convey the items directly from the store to where the items will be unloaded. 3. To engage in any lawful business of collecting, returning, or retrieving shopping carts that is permitted by the California Business and Professions Code. B. At all times that a shopping cart is lawfully conveyed on public land the person conveying it shall maintain direct physical control over the shopping cart. C. For purposes of this section the following terms shall have the meanings set forth below: 1. Convey" shall mean to push, roll, transport, or otherwise move. 2. Public land" shall mean any road, street, sidewalk, trail, park, or other land or facility within the City of Vista which is publicly owned, leased, or beneficially used by the City of Vista or another public agency. cart" shall mean a basket which is mounted on wheels or a 3. Shopping similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. 4. Another Personal Use" means any use other than the use of transporting groceries or items purchased from the retail store which owns or leases the shopping cart. D. This section is declarative of existing law. This ordinance shall not be construed or applied in any manner which is in conflict with the provisions of the California Business and Professions Code or any other provision of state or federal law. Ord. No. 2001- 17, Added, 9/ 25/ 01; Ord. No. 2020- 02, Amended, 3/ 10/ 20)

Section 8. 72. 020 Retrieval and Detention of Abandoned Shopping Carts

The City Manager is authorized to establish and administer a program for the retrieval,

detention, and return of shopping carts, as permitted by the Business and Professions Code, including Section 22435. 7 thereof. Ord. No. 2001- 17, Added, 9/ 25/ 01)

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Section 8. 72. 030 Violation- Penalty

A. A first violation or failure to comply with any provision of Section 8. 72. 010 shall constitute an infraction for the first offense. B. Any subsequent violation of this section alleged to have been committed within two years from the date of the first conviction as an infraction shall be charged as a misdemeanor for each offense committed thereafter; and, each conviction shall be punishable a fine not to exceed $ 1, 000, by imprisonment in the City or County Jail for a period not toby exceed six months, or by both such fine and imprisonment. Ord. No. 2020- 02, Added, 3/ 10/ 20)

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Chapter 8. 74

Novelty Lighters

Sections:

8. 74. 010 Definitions
9. 74. 020 Prohibition
10. 74. 030 Exceptions
11. 74. 040 Enforcement
12. 74. 050 Violation and Penalties

Section 8. 74. 010 Definitions

Novelty Lighter" means a lighter which is especially attractive to children ten years or

younger due to a toy- like design or other features, such as buttons or devices that initiate visual effects, flashing lights, or musical sounds that might encourage a child to use the lighter. Ord. No. 2007- 15, Added, 9/ 11/ 07)

Section 8. 74. 020 Prohibition

The retail sale, offer of retail sale, gift or distribution of any novelty lighter within the City

of Vista is prohibited. This prohibition is inapplicable to: ( 1) novelty lighters which are being actively transported through the City; or ( 2) novelty lighters located in a warehouse closed to the public for purposes of retail sales. Ord. No. 2007- 15, Added, 9/ 11/ 07)

Section 8. 74. 030 Exceptions

The term novelty lighter excludes: ( 1) any lighter manufactured prior to 1980; and ( 2)

any lighter which has been permanently modified so as to be incapable to produce combustion or a flame. Ord. No. 2007- 15, Added, 9/ 11/ 07)

Section 8. 74. 040 Enforcement

The provisions of this chapter shall be enforced by the Fire Marshal, any police officer,

any Code Enforcement Officer, and any other City official authorized to enforce any provision of the Municipal Code. Ord. No. 2007- 15, Added, 9/ 11/ 07)

Section 8. 74. 050 Violation and Penalties

Any person violating any provision of this chapter is guilty of an infraction and, upon

conviction thereof, shall be punished as prescribed in Section 1. 16. 010 of the Municipal Code. Ord. No. 2007- 15, Added, 9/ 11/ 07)

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Chapter 8. 75

Mobile Dispensing and Delivery of Marijuana

Sections:

8. 75. 010 Definitions
9. 75. 020 Prohibition on Mobile Dispensaries
10. 75. 030 Prohibition on Delivery of Marijuana
11. 75. 040 Carriage of Marijuana
12. 75. 050 Penalty

Section 8. 75. 010 Definitions Ord. No. 2015- 21, Enacted, 11/ 10/ 15; Ord. No. 2019- 20, Repealed, 12/ 10/ 19)

Section 8. 75. 020 Prohibition on Mobile Dispensaries Ord. No. 2015- 21, Enacted, 11/ 10/ 15; Ord. No. 2019- 20, Repealed, 12/ 10/ 19)

Section 8. 75. 030 Prohibition on Delivery of Marijuana Ord. No. 2015- 21, Enacted, 11/ 10/ 15; Ord. No. 2019- 20, Repealed, 12/ 10/ 19)

Section 8. 75. 040 Carriage of Marijuana Ord. No. 2015- 21, Enacted, 11/ 10/ 15; Ord. No. 2019- 20, Repealed, 12/ 10/ 19)

Section 8. 75. 050 Penalty Ord. No. 2015- 21, Enacted, 11/ 10/ 15; Ord. No. 2019- 20, Repealed, 12/ 10/ 19)

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Chapter 8.78

Sidewalk Vending

Sections:

Section 8.78.010 Purpose Section 8.78.020 Definitions Section 8.78.030 Prohibition on Sidewalk Vending Without a License; Exceptions Section 8.78.040 Applications for Sidewalk Vending Licenses Section 8.78.050 License Decisions; Issuing Licenses Section 8.78.060 License Term; Renewal Section 8.78.070 Revocation or Suspension of Licenses Section 8.78.080 Appeals Section 8.78.090 Vendor Cart Permits; Renewals Section 8.78.100 General Operating Rules for Sidewalk Vendors Section 8.78.110 Prohibited Sidewalk Vending Locations Section 8.78.120 Locations for Vending in Parks Section 8.78.130 Approved Stationary Vendor Locations on Streets and in Parks; Applications and Supplemental Rules Section 8.78.140 Authority to Adopt Additional Rules and Regulations Section 8.78.150 Violations; Penalties

Section 8.78.010 Purpose

This Chapter is intended to provide increased economic opportunities for persons, offer

increased options for consumers, promote vending practices that are safe, healthful, attractive, and avoid disruptions to the operation and enjoyment of public property, such as streets and parks. Ord. No. 2019-3, Enacted, 01/22/19)

Section 8.78.020 Definitions

The following terms when used in this Chapter shall have the meaning assigned below unless the context clearly indicates that a different meaning was intended: A. “ Approved stationary vendor cart location” means a location approved for the operation of a stationary vendor cart on a sidewalk or in a park pursuant to Section 8.78.130. B. “ Approved trash receptacle” means a container for trash which must be attached to any roaming vendor cart, but may be attached or detached when serving a stationary vendor cart. C. “ Authorized supplemental locations” means a location which is: 1. No more than 15 feet from the edge of a park pedestrian path; 2. Is flat or has a grade of no more than 2%; 3. Consists of grass, dirt, or paving; and 4. May be used without violating any park rules. D. “ Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. E. “ Clear pedestrian path” means a linear- pedestrian path along a sidewalk or a park pedestrian path which runs for the entire length of a vendor cart and for three feet in one direction which is available for immediate, unobstructed, safe pedestrian use. The width of the

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clear pedestrian path is measured at a perpendicular to the edge of the sidewalk and consists of the amount of sidewalk available for pedestrian use after reducing the width by both of the following: 1. Any area occupied by the vendor cart, the location used by the person operating the vendor cart, and stationary customers; and 2. Improvements or physical conditions present in the sidewalk that impede use of the side, including without limitation signs, parking meters, trees, and uncovered tree wells. F. “ Concession agreement” a contractual permit or license signed by the Mayor, City Manager, or designee, authorizing a person to vend within a park or on other public property. G. “ Design standards” means objective and publicly available design rules in writing which each vendor cart must satisfy and have been approved from time to time by City Council, subject to limited and objective modification as determined by the Director of Community Development. Design standards may be set to apply to classifications which may be based on: 1. Whether the vendor cart will be stationary or roaming; 2. Whether the vendor cart will sell food or merchandise; and 3. The location in which the vendor cart will operate. H. “ Exempted vending activities” means vending: 1. Conducted by a person authorized by the operator or manager of a swap meet, provided that the vending occurs during the approved operating hours and boundaries of the swap meet; 2. Conducted by a person authorized by the holder of a temporary special permit provided that the vending occurs during the approved operating hours and boundaries of the event approved in the permit; or 3. Conducted by a person who holds a City concession agreement, provided that the vending is confined to the operating hours and boundaries identified in the City concession agreement. I. “ Issuing officer” means the City employee selected by the City Manager to issue review license applications and take additional actions as provided by this Chapter, as well as the designees of the issuing officer. J. “ Park” means any improved or unimproved land that is owned by the City where the primary use is for recreation, and is designated as a park in the City’s General Plan. K. “ Park pedestrian path” means a paved path within a park which is designed for pedestrian use and is open to the general public. L. “ Public property” means property owned by the City of Vista, any area within a right of way dedicated to the City of Vista by easement or other means, and any other property over which the City maintains control on behalf of itself or the public due to easements, leases, or other arrangements. M. “ Remaining in a single operating location” means operations of a roaming sidewalk vendor which are contained within a circular area with a fifty foot diameter, considering only locations where the vendor was present with the vendor cart. N. “ Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. O. “ Roaming vendor cart” means a vendor cart which regularly moves and is operated by a roaming sidewalk vendor. P. “ Sidewalk” means the paved portion of public right of way primarily designed for pedestrian use. The term “sidewalk” excludes any area primarily designed for use by vehicles, bicycles, the conveyance of storm water, planted with landscaping, or consisting of dirt. Q. “ Sidewalk vending license” means a license issued pursuant to Section 8.78.050 or renewed pursuant to Section 8.78.060 authorizing the holder to engage in sidewalk vending.

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R. “ Sidewalk vendor” or “Vendor” means a person who sells food or merchandise

from a vendor cart or from one’s person while on public property. S. “ Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. T. “ Stationary vendor cart” means a vendor cart which remains in a stationary positon during operations within a day and is operated by a stationary sidewalk vendor. U. “ Swap meet” means a location operated in accordance with Article 6 commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. V. “ Temporary special permit” means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk, park or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. W. “ Vend” means to sell, offer to sell, transfer, or offer to transfer to another for payment, exchange or pecuniary gain. X. “ Vendor cart” means a pushcart, stand, display, pedal- driven cart, wagon, showcase, rack, or other nonmotorized conveyance used by a person for the purpose of selling food or merchandise from a public sidewalk or authorized portions of a park. Y. “ Vendor Cart Decal” means a decal issued pursuant to Section 8.78.090 for placement on a vendor cart to certify that the cart satisfied the requirements of this Chapter when inspected. Z. “ Vendor cart permit” means the permit issued for a vendor cart certifying that the cart satisfied the requirements of this Chapter when inspected. Ord. No. 2019-3, Enacted, 01/22/19; Ord. No. 2026-02, Amended 03/24/26)

Section 8.78.030 Prohibition on Sidewalk Vending Without a License; Exceptions

A. It shall be unlawful for any person to operate as a sidewalk vendor unless that person is vending in compliance with all requirements of this Chapter, and holds a valid and current sidewalk vending license. B. Persons issued sidewalk vending licenses shall only vend from locations within public streets and parks allowed by this Chapter, and from no other public property. C. Except as provided in the following sentence, this Chapter does not apply to exempted vending activities, as defined in Section 8.78.020, or to vending which does not occur on public property. Vending described in the preceding sentence must: 1. Be authorized by the person who owns or controls the property on which the vending is occurring to the extent required by law; and 2. Comply with all applicable laws, ordinances, regulations, permit terms, and contractual controls pertaining to the vending. Ord. No. 2019-3, Enacted, 01/22/19)

Section 8.78.040 Applications for Sidewalk Vending Licenses

A. An applicant for a sidewalk vending license shall submit an application to the

issuing officer on a form approved by the issuing officer. The application shall be signed by the vendor, accompanied by a license application fee in an amount approved by the City Council, and shall contain the following information: 1. The name, mailing address, phone number, and email address of the sidewalk vendor. 2. The California seller’s permit number ( California Department of Tax and Fee Administration sales tax number), if any, issued to the sidewalk vendor.

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3. Three ( 3) two-inch ( 2") by two-inch ( 2") prints of a full-face photograph,

taken not more than thirty ( 30) days prior to the date of the application, of any person who will sell, or offer for sale, any food, service, or merchandise on any street or sidewalk within the City. 4. A fully executed release and hold harmless agreement to the benefit of the City, in a form approved by the City’s Risk Manager. 5. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. 6. A certification, signed by the vendor, that to his or her knowledge and belief the information contained in the application is accurate, complete and correct. B. A separate application is required for each person who intends to vend from public property, even if the person: 1. Is employed or engaged by another person or a business; or 2. Will use a roaming or stationary vending cart which another person or a business owns. Ord. No. 2019-3, Enacted, 01/22/19; Ord. No. 2026-02, Amended 03/24/26)

Section 8.78.050 License Decisions; Issuing Licenses

A. The issuing officer shall issue a sidewalk vending license for a sidewalk vendor by indicating approval of the application and countersigning the application if all of the following are satisfied: 1. An accurate and truthful application has been filed without misstatements or misrepresentations. 2. The required application fee has been paid. 3. The vendor has signed the application, inclusive of any hold harmless agreement. 4. Evidence of payment of the tax required by Chapter 5.04 or receipt of a business license issued pursuant to that Chapter. 5. All applicable provisions of this article for licensing a sidewalk vendor have been or will be met. B. For each approved sidewalk vending license, the City shall issue an identification badge in the name of the person who is licensed to operate as a sidewalk vendor. The badge shall be the property of the City, and shall include: 1. The name and image of the person authorized to operate the vendor cart; 2. The date the badge is issued and the date it expires; and 3. A unique identification number associated with the badge. C. If an application is denied, the basis for the denial shall be mailed or delivered in writing to the applicant setting forth the reasons for the denial. If the denial is not appealed within 14 days as provided in Section 8.78.080, the determination of denial shall become final and conclusive. Ord. No. 2019-3, Enacted, 01/22/19; Ord. No. 2026-02, Amended 03/24/26)

Section 8.78.060 License Term; Renewal

A. Each sidewalk vending license shall terminate effective at 12:00 a.m. on July 1

following the issuance of the license. B. An application to renew a license and a renewal fee set by the City Council shall be submitted to the issuing officer at least 30 days prior to its expiration of a license, and shall require a confirmation of the information or an update of the information provided pursuant to Section 8.78.040.

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C. A renewal shall be issued or denied based on the criteria set forth in Section

8.78.050. Ord. No. 2019-3, Enacted, 01/22/19)

Section 8.78.070 Revocation or Suspension of Licenses

A. Any license or permit may be revoked or suspended by the issuing officer for any of the following causes: 1. Fraud or misrepresentation contained in the application for the license or permit. 2. Upon the issuance of repeated administrative citations as allowed by Government Code section 51039(a). B. Notice of the proposed action to revoke or suspend a sidewalk vendor license shall be provided to the licensed sidewalk vendor in writing and shall set forth the nature of the action and reasons for it. The licensee shall be advised that the decision will take effect if it is not appealed within 14 days as provided in Section 8.78.080, at which time it shall become final and conclusive. Ord. No. 2019-3, Enacted, 01/22/19; Ord. No. 2026-02, Amended 03/24/26)

Section 8.78.080 Appeals

Any person subject to an action to deny an application or to revoke or suspend a license

or permit may appeal to the City Manager or his or her designee by filing a written request for an appeal with the City Clerk within fourteen ( 14) days after notice of the action complained of has been mailed to such person' s last known address. The request for an appeal shall include a written statement setting forth fully the grounds for the appeal. The City Manager or designee shall set a time and place for a hearing on such appeal and notice of the hearing. At the option of the City Manager, the City Manager may limit the appeal hearing to written submissions. Following the appeal hearing, the City Manager or designee shall prepare a written decision which set forth the reasons for the decision. The decision and order of City Manager or designee on such appeal shall be final and conclusive. Ord. No. 2019-3, Enacted, 01/22/19)

Section 8.78.090 Vendor Cart Permits; Renewals

A. It shall be unlawful for any person to vend from a vendor cart located on public

property unless a current and valid vendor cart permit has been issued for the vendor cart, and a vendor cart decal evidencing the permit is affixed to the vendor cart. B. An applicant for a vendor cart permit shall submit an application to the issuing officer on a form approved by the issuing officer. The application shall be signed by the cart owner, accompanied by a license application fee in an amount approved by the City Council, and shall contain the following information and establish the following facts: 1. The name, mailing address, phone number, and email address of the owner of the vendor cart. 2. Whether the vendor cart will be a roaming vendor cart or a stationary vendor cart. 3. A fully executed release and hold harmless agreement to the benefit of the City, in a form approved by the City’s Risk Manager, signed by the owner of the vendor cart.

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4. Proof of liability commercial liability insurance of not less than $1,000,000

which names the City as an additional insured, conforming to the City’s standard insurance coverage requirements. 5. A disclosure if food will be sold from the vendor cart, and if so, the way in which food will be stored, refrigerated, prepared, cooked, or assembled at the vendor cart. 6. A valid copy of all necessary permits required by State or local health authorities required for the contemplated food service and preparation associated with the vendor cart, including evidence of having satisfactorily passed any required inspections. 7. A certification, signed by the applicant, that to his or her knowledge and belief the information contained in the application is accurate, complete and correct. C. To obtain a vendor cart permit for a vendor cart initially or after a permit has expired, an applicant shall arrange for a physical inspection of the vendor cart by: 1. Scheduling an appointment with the licensing officer to occur at the Vista City Hall or such other location as may be selected by the licensing officer; and 2. Presenting the licensing officer with a City-issued receipt evidencing payment of the permit application fee in an amount set by the City Council. D. The issuing officer shall approve a vendor cart permit if all of the following are satisfied: 1. An accurate and truthful application has been filed without misstatements or misrepresentations. 2. The required application fee has been paid. 3. The vendor cart owner has signed the application, inclusive of any hold harmless agreement. 4. All applicable provisions of this article for licensing a sidewalk vendor have been or will be met, as set forth in paragraph B, including the proof of commercial liability insurance. 5. The applicant has demonstrated compliance with all design standards applicable to the vendor cart, as follows: a. Wheels i. All carts must have operating wheels. ii. Motorized vehicles are not allowed for placement or movement of the carts. b. Canopies i. Each pushcart or kiosk must have either an umbrella mounted on a single pole, or a canopy mounted on a maximum of four supports. Alternate roof designs may be accepted, subject to specific review and approval. ii. All supports must be mounted on the pushcart and shall not extend beyond the outside dimensions of the pushcart body. The lowest edge of any canopy or umbrella shall not be less than seven feet above the sidewalk. iii. Materials such as Panaflex, plastic, or vinyl are not permitted. c. Lighting i. Carts and kiosks that anticipate operating into the evening may utilize battery- powered, low-voltage lighting systems for display lighting and accents. ii. Display lighting should be directed at the merchandise only and not be distracting to passing pedestrians or motorists. iii. Small strings of accent lights or fiber optic strands may be used as accent lighting with specific review and approval. iv. No internally illuminated umbrellas or canopies will be allowed.

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d. Materials. All materials must be suitable for extended outdoor use

and comply with all applicable health and safety standards. E. Upon approving a vendor cart permit, the licensing officer shall issue the permit in the form of a vendor cart decal, and attach the decal to a conspicuous place on the vendor cart. F. The vendor cart permit and decal shall include such information as the licensing officer determines appropriate, and may include the date of issuance, the date the decal expires, and an identification number. G. Each vendor cart permit shall terminate effective at 12:00 a.m. on July 1 following the issuance of the permit. H. It is unlawful for a person to alter a decal. To avoid misuse of decals, no current decal shall be removed from a vendor cart unless it is immediately rendered unusable and destroyed. I. Notice of the proposed action shall be provided to the applicant in writing. The licensee shall be advised that the decision will take effect if it is not appealed within 14 days as provided in Section 8.78.080, at which time it shall become final and conclusive. Ord. No. 2019-3, Enacted, 01/22/19)

Section 8.78.100 General Operating Rules for Sidewalk Vendors

A. A person operating as a sidewalk vendor shall satisfy each of the following requirements: 1. Conspicuously display the following and present for direct inspection when requested by a City employee or a member of the Sheriff’ s department: a. The vendor’ s current sidewalk vendor’ s license. b. A receipt for payment of any tax owed pursuant to Chapter 5.04 or a valid and current business license pursuant to Chapter 5.04. 2. Maintain for inspection at all times, and present on request of a City employee or a member of the Sheriff’s department, a copy of: a. A valid California Department of Tax and Fee Administration seller’s permit; and b. Any additional licenses from other state or local agencies to the extent required by law. 3. When vending from a vendor cart, use only a vendor cart displaying a current vendor cart decal and which continues to satisfy all requirements of this Chapter, including all design standards. 4. Locate a vendor cart, position himself or herself, and control or direct customers so that clear pedestrian access is maintained which meets or exceeds three feet. 5. Use of any vendor cart, and conduct all operations, to satisfy the federal Americans with Disabilities Act of 1990 ( Public Law 101-336) and other disability access standards, including making adjustments so that persons encountering any obstructions are promptly accommodated so they have passage over sidewalks or paved pedestrian paths sufficient to satisfy applicable law. 6. Refrain from displaying any items for sale on the ground, a blanket, or table. 7. When directed by authorized personnel, immediately relocate operations and/or a vendor cart to avoid an immediate danger to the safety of persons or property. Authorized personnel” include City code enforcement officers, emergency response officers, or police officers. If the vendor cart is not promptly removed following such order, the cart may be relocated or temporarily detained by such officer. 8. When a vendor cart is not in active use, it must be removed from public property and stored in a location in compliance with all applicable laws. 9. When operating a vendor cart used to vend food:

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a. Provide an approved trash receptacle capable of accommodating all refuse generated by their vending activity; b. Make the approved trash receptacle available for use by customers who wish to dispose of trash; c. Empty the trash receptacle once it is full without depositing the trash in existing trash receptacles on sidewalks and other public space; and d. In the case of a stationary street vendor, maintain the vending site and 20 foot radius of the operating space free of all refuse of any kind generated from the operation of their business. 10. At all times, a sidewalk vendor operating a stationary vendor cart shall maintain a copy of the permit identifying the approved stationary vendor location assigned to the stationary vendor cart. When requested, the sidewalk vendor shall present a copy of the permit authorizing operations in that location to any City employee or member of the Sheriff’ s department. 11. If the vendor is operating as a stationary sidewalk vendor which sells food, the vendor must maintain access to readily available toilet and handwashing facility access within two hundred feet ( 200') travel distance of the vendor’ s approved location for operation as a stationary sidewalk vendor. 12. Vending occurring in a park shall be permitted during the hours the park is open to the public, subject to these additional limitations: a. The sidewalk vendor shall abide by all park rules; b. Vending shall not commence earlier than 9 a.m.; c. Vending must conclude by sunset; and d. Any vendor cart must be removed from the park within fifteen minutes of following sunset, or the time the park closes, whichever is earlier. 13. Operations of a stationary sidewalk vendor on a public sidewalk shall only occur during the hours of 7:00 a.m. and 12:00 a.m. of the following day. 14. Operations of a roaming sidewalk vendor shall only occur during the hours of 7:00 a.m. and 12:00 a.m. of the following day, except in residential zones, where operations shall occur only during the hours of 8:00 a.m. and sunset. B. A person operating as a sidewalk vendor is prohibited from all of the following: 1. Transacting business with persons while they are inside motor vehicles. 2. Leaving a vendor cart unattended on any public property. 3. Chaining or fastening a vendor cart to any pole, sign, tree or other object located on public property, or leaving the vendor cart unattended on any public property. 4. Connecting a vendor cart to an external source of power, water or any other utilities while located on public property. 5. With the exception of one trash receptacle in the case of a stationary vending cart, placing any free-standing signs, tables, chairs, fences, shade structures, or other furniture on, under, or near the site of the operation of the vending cart. 6. Allowing any item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property. 7. Using any amplified or non-amplified sound making devices. 8. Remaining in a single operating location for more than thirty minutes, unless the sidewalk vendor is a stationary sidewalk vendor. 9. Burning wood or barbeque briquettes. 10. No sidewalk vendor shall sell any alcohol-related beverage; tobacco or electronic vaping products; cannabis products; weapons, including knives, guns, or explosive devices; pharmaceuticals; or such other products identified in a list adopted by resolution or ordinance of the City Council as prohibited for sidewalk vending based on public health safety, or welfare concerns.

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Ord. No. 2019- 3, Enacted, 01/22/19)

Section 8.78.110 Prohibited Sidewalk Vending Locations

A. Sidewalk vendors operating within a street or right of way shall adhere to the following rules governing the location for sidewalk vending: 1. No vendor shall use the median strip of a divided roadway. 2. A roaming sidewalk vendor shall not stop to transact business on a sidewalk with a width of less than 5 feet. 3. No vendor shall locate their operation in such a way that would restrict the ingress to, or egress from, the adjoining property, including emergency access. 4. It is unlawful for a person to engage in sidewalk vending within 100 feet of the boundaries of a certified farmers’ market, a swap meet, or a temporary special event during the approved operating hours of that farmers market, swap meet, or special event. 5. No sidewalk vendor shall stop or locate to transact business within: a. 400 feet of a freeway entrance or exit. b. 100 feet of a primary or secondary public or private school on any school day beginning one hour before the start of school and one hour following the ending of school. c. 50 feet of the driveway entrance to a police or fire station. d. 5 feet of a marked or unmarked crosswalk. e. 5 feet of the curb return of an unmarked crosswalk. f. 5 feet of any fire hydrant, fire call box or other emergency facility. g. 5 feet ahead and 45 feet to the rear of a sign designating a bus stop. h. 10 feet of a transit shelter, bus bench, or bus stop zone. i. 5 feet of a driveway or driveway apron. j. 10 feet of an outdoor dining or patio dining area. k. 18 inches from the edge of a curb. B. In addition to the rules set forth in paragraph A, a stationary sidewalk vendor operating from a sidewalk, and any approved stationary vendor location, shall comply with the following rules: 1. Except as provided in subparagraph 7 below, no person shall operate a stationary vendor cart except when located in an approved stationary vendor cart location authorized pursuant to Section 8.78.130. 2. No person shall let a stationary vendor cart stand on any location on public property for a period of more than five minutes other than an approved stationary vendor cart location. 3. Stationary sidewalk vendors are prohibited in areas that are zoned exclusively residential. 4. A stationary vendor cart shall not be operated from a sidewalk, nor shall an approved stationary cart location be approved for a sidewalk, unless the sidewalk has a width of at least ten feet. 5. If a stationary sidewalk vendor will sell food, the vendor must operate from a vending location which is within two hundred feet ( 200') travel distance of an approved and readily available toilet and handwashing facility to ensure that restroom facilities are available to the vendor permit holder and any of its employees. 6. An approved stationary vendor cart location shall not be approved within 200 feet of another approved stationary vendor cart location. 7. Where there are multiple requests for the same location and if the location meets the criteria for establishment, the sidewalk vending location will be assigned to the applicant who has a preference as a result from vending from the specific location continuously

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for the last 12 months or, where the vending location is not licensed and no preference exists, it will be assigned on a first come, first served basis. 8. Stationary vendors approved for a location within the boundaries of a temporary special permit or 100 feet thereof, must relocate to a location approved by the licensing officer unless: a. The vendor is authorized to participate in the event by the event operator; or b. The requirement for relocation is waived in writing by the issuing officer. 9. Stationary vendors are obligated to relocate to a location approved by the issuing officer when work will occur on any public property which is located within 200 feet of the location approved for the street vendor, unless such relocation is waived in writing by the issuing officer. 10. Stationary vendors are obligated to relocate to a location approved by the issuing officer when the vendor is located within 50 feet of the boundaries of a construction site located on private property, unless such relocation is waived in writing by the issuing officer. Ord. No. 2019-3, Enacted, 01/22/19)

Section 8.78.120 Locations for Vending in Parks

Sidewalk vendors who intend to or operate within a park shall adhere to all rules set forth

in Section 8.78.110 except: 1. The term sidewalk when used in Section 8.78.110 shall refer to a park pedestrian path for purposes of this Section; 2. Vending may also occur in authorized supplemental locations, as defined in Section 8.78.020; and 3. Stationary sidewalk vendors shall be prohibited, altogether, in all City parks where the City has an existing agreement or policy for exclusive food and/or merchandise sales. Ord. No. 2019-3, Enacted, 01/22/19)

Section 8.78.130 Approved Stationary Vendor Locations on Streets and in Parks; Applications and Supplemental Rules

A. To be authorized for an approved stationary vendor cart location, the owner of the stationary vendor cart shall submit an application to the licensing officer using a form prepared by the issuing officer, and make payment of an application fee in the amount set by the City Council. B. If the requested location satisfies the requirements of Sections 8.78.110 and 8.78.120, the licensing officer shall issue a permit identifying an approved stationary vendor cart location from which the applicant’ s stationary vendor cart may operate. C. Each permit shall terminate at 12:00 a.m. on July 1 following the issuance of the permit. D. Notice of the proposed action on the application shall be provided to the applicant in writing and shall set forth the nature of the action and, in the event of a denial, the reasons for it. The applicant shall be advised that the decision will take effect if it is not appealed within 14 days as provided in Section 8.78.080, at which time it shall become final and conclusive. Ord. No. 2019-3, Enacted, 01/22/19)

Section 8.78.140 Authority to Adopt Additional Rules and Regulations

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To assist in the implementation of this Chapter, the City Council may, by resolution, adopt

additional objective rules and regulations allowed under Section 51038( c) of the Government Code which address the subject matter of this Chapter. Ord. No. 2019-3, Enacted, 01/22/19)

Section 8.78.150 Violations; Penalties

A. When a person authorized to issue an administrative citation pursuant to Chapter 1.13 becomes aware that a violation of this Chapter has occurred, that person may issue an administrative citation pursuant to Chapter 1.13 for the violation without first providing a notice of violation. The administrative citation shall be accompanied by the “ability to pay” notice required by Section 51039(f) of the Government Code. B. When the citation is issued to a sidewalk vendor holding a current and valid license for violations of this Chapter, the fines shall be set at the maximum amounts set forth in Section 51039(a)(1) of the Government Code, subject to adjustment as provided in paragraph E, below. C. When the violation is issued to a person operating as a sidewalk vendor without a license, the fines shall be set at the maximum amounts set forth in section 51039( a)(3), subject to adjustment as provided in paragraph E, below. D. Except as modified in this section, the procedures applicable to administrative citations, including without limitation the issuance, processing, review and appeal of administrative citations, shall be those contained in Chapter 1.13. E. The amount of fines for an administrative citation shall be subject to adjustment or may be limited in exchange for the performance of community service as provided in Section 51039( f) of the Government Code, but only if: 1. Before the administrative citation becomes final pursuant to 1.13.090 the officer who issued the citation determines that he has been presented with proof justifying the adjustment and agrees to make such an adjustment; or 2. Before the administrative citation becomes final pursuant to 1.13.090 the cited party files an appeal and thereafter the officer reviewing the appeal adjusts the amount of the fine. Ord. No. 2019-3, Enacted, 01/22/19)

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Chapter 9. 04

Distribution of Handbills

Sections:

9. 4. 010 Purpose and Intent
10. 4. 020 Distribution of Advertising Materials
11. 4. 030 Distribution of Written or Printed Materials to Unwilling Recipients
12. 4. 040 Littering Forbidden
13. 4. 050 Methods of Distribution
14. 4. 060 Exceptions

Section 9. 04. 010 Purpose and Intent

The City Council finds, determines and declares: and otherwise placing A. That the practice of distributing, casting, throwing commercial advertising materials upon private property in the city creates widespread litter which is unsightly, unhealthy and difficult to remove. B. That the accumulation of printed or written materials on real property during an absence inadvertently advertises such absence and thereby increases the probability of criminal activity on such property. C. That the distribution of noncommercial newspapers, magazines, handbills, and other noncommercial materials to which citizens have objected, and all commercial materials delivered without prior consent, interferes with rights of privacy. D. That such practices are injurious and inimical to the public health, safety and welfare of residents of this city and that such problems are becoming increasingly direct and substantial. E. That such practices are, therefore, declared to be a public nuisance. F. That such practices should be prohibited to protect the public health, safety and general welfare of the residents of this city. Prior Code 19- 8. 2( a); Ord. No. 70- 39, Enacted 11/ 16/ 70; Ord. No. 75- 17, Amended 4/ 28/ 75)

Section 9. 04. 020 Distribution of Advertising Materials

It is unlawful to distribute, pass out, give away, circulate, or deliver any printed or written

handbill, circular, or advertising literature offering to sell or buy any goods, wares, merchandise or commercial or professional services or offering to buy, sell or list any real property: A. In any public place within the city. B. Into or upon any motor vehicle within the city. C. In the yard or grounds or on the doorstep, porch, or vestibule of any residence, dwelling, or apartment within the city. D. Upon any vacant lot or other private property within the city; without first having obtained permission of the owner, adult occupant, or other person in control thereof. Prior Code 19- 8. 2b; Ord. No. 70- 39, Enacted 11/ 16/ 70; Ord. No. 75- 17, Amended 4/ 28/ 75)

Section 9. 04. 030 Distribution of Written or Printed Materials to Unwilling Recipients

It is unlawful to distribute, pass out, give away, circulate, or deliver any printed or written

materials of any kind whatsoever within the city if the intended recipient thereof, or the owner,

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occupant, or resident of any property where such materials are left or intended to be left, has given notice to the distributor or disseminator of such materials that the recipient or intended recipient does not wish to receive any such materials. Such notice may be given to a distributor or disseminator of printed or written materials by an owner, occupant or person in control of real property by one or more of the following means: A. By posting said property in a conspicuous position new the entrance thereof with a sign at least 12 square inches in area stating " No Advertisements," or " No Handbills" or other words of similar import, indicating in any manner that such materials shall not be left on the property. B. By written communication to the distributor or disseminator of such materials. Prior Code 19- 8. 2c; Ord. No. 70- 39, Enacted 11/ 16/ 70; Ord. No. 75- 17, Amended 4/ 28/ 75)

Section 9. 04. 040 Littering Forbidden

It is unlawful to throw, cast, or scatter any paper or trash of any kind whatsoever in or

onto any public place, in or upon any automobile, vehicle, or conveyance, or into or on the yard or grounds or on the doorstep, porch, or vestibule of any residence, apartment, or dwelling, or upon any lot within the city. Prior Code 19- 8. 2d; Ord. No. 70- 39, Enacted 11/ 16/ 70; Ord. No. 75- 17, Amended 4/ 28/ 75)

Section 9. 04. 050 Methods of Distribution

Any paper or printed or written materials which may be distributed, passed out, given

away, circulated or delivered in the city, pursuant to law, shall be either: A. Placed in the hand of the intended recipient. B. Bound, folded, or weighted in such a manner that the materials cannot be blown away, scattered, or fragmented by the action of the elements or normal pedestrian or vehicular traffic. C. Affixed to the premises for which they are intended by being tied to or slipped over a doorknob or other protrusion. Prior Code 19- 8. 2e; Ord. No. 70- 39, Enacted 11/ 16/ 70; Ord. No. 75- 17, Amended 4/ 28/ 75)

Section 9. 04. 060 Exceptions

The foregoing provisions of this chapter shall not apply to:
A. The distribution of folded newspapers of general circulation, as the same are

defined in Section 6000 of the Government Code of the state of California. B. The distribution of mail by the United States Government, or to any lien, foreclosure, court, or governmental notices or process. Prior Code 19- 8. 2 ( f) ; Ord. No. 70- 39, Enacted 11/ 16/ 70; Ord. No. 75- 17, Amended 4/ 28/ 75)

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Chapter 9. 06

Garage and Yard Sales

Sections:

9. 6. 010 Definitions
10. 6. 020 Regulation
11. 6. 030 Hours When Permitted; Length of Sale; Frequency
12. 6. 040 Property Offered for Sale or Display
13. 6. 050 Location of Display; Manner
14. 6. 060 Announcements of Sale
15. 6. 070 Inspection of Site and Property
16. 6. 080 Violations as a Public Offense; Penalty

Section 9. 06. 010 Definitions

A. " Code Compliance Officer" shall mean the Code Compliance Officer of the City

of Vista, and such other persons as may from time to time be designated and authorized to act on behalf of the Code Compliance Officer, and any law enforcement officer. B. " Garage Sale," " Yard Sale" shall mean the activity of offering for sale any property, other than real property, by means of announcing or advertising a " garage," " yard," moving," " estate," " rummage," or "tag" sale, all of which are synonymous, or by any other means intended to communicate that the sale is an occasional, casual, or non- business related event offering the sale of personal property. " Garage Sale" or " Yard Sale" shall not include any of the following: 1. Any event which constitutes a sales activity conducted by a business possessing a valid business license issued by the City of Vista. 2. Any event conducted at a public school. 3. Any event conducted by a non- profit organization. Ord. No. 93- 23, Enacted, 10/ 26/ 93; Ord. No. 94- 1, Amended, 01/ 25/ 94)

Section 9. 06. 020 Regulation

No person shall advertise, announce, conduct, operate or sponsor a garage sale or yard

sale within the City of Vista, except in conformance with the requirements of this chapter. Ord. No. 93- 23, Enacted, 10/ 26/ 93)

Section 9. 06. 030 Hours When Permitted; Length of Sale; Frequency

A. No person shall conduct or operate, or permit the conduct or operation, of any

garage or yard sale except between the hours of 8: 00 a. m. and 6: 00 p. m. B. No garage sale or yard sale shall be conducted or operated on any one site for a period longer than three consecutive days. C. No more than four garage or yard sales may be conducted in any calendar year at any individual site or location. For purposes of this section, " Site" or " Location" means any single-family residence, any individual building containing multi-family residences, any premises within a commercial or industrial zone of the city, or any vacant parcel. Ord. No. 93- 23, Enacted, 10/ 26/ 93)

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Section 9. 06. 040 Property Offered for Sale or Display

No person shall conduct or operate a garage or yard sale at which personal property is offered for sale or display that is not the personal property of the person conducting or operating the garage or yard sale, or the personal property of another person who is known by the person conducting or operating the sale to be the owner of such property and who has given express consent for the display and sale of such property. Ord. No. 93- 23, Enacted, 10/ 26/ 93)

Section 9. 06. 050 Location of Display; Manner

A. No person operating or conducting any garage or yard sale shall display or

permit the display of any property for sale, or place or locate any property, within five feet of the improved portion of any public right of way. The improved portion of a public right of way includes sidewalks, pathways, curbs, paving, bikeways, and any other portions of the right of way used or traveled by the public. B. No person operating or conducting any garage or yard sale shall restrict, hinder, interfere with, or in any way obstruct the safe and reasonable passage of the public along any public right of way, or the right of any person to have free ingress and egress to any portion of the property on which the sale is conducted. Ord. No. 93- 23, Enacted, 10/ 26/ 93)

Section 9. 06. 060 Announcements of Sale

No person shall place, post, display or circulate any sign, bulletin, announcement, or

other material advertising any garage or yard sale except in accordance with the following regulations. A. Any such sign, bulletin, announcement, or other material advertising any garage or yard sale shall not exceed four square feet in area. B. No sign, bulletin, announcement, or other material announcing any garage or yard sale shall be placed, posted, or circulated except on the day or days of the sale and two days preceding the sale, and all such signs, bulletins, announcements, or other material shall be removed by 8: 00 a. m. of the day following such sale. C. No sign, bulletin, announcement, or other material announcing any garage or yard sale, or providing direction to its location, shall be placed upon any public fixture within a public right of way, including without limitation any utility pole, traffic sign or signal, street light pole, bus or transit sign, bench or shelter, or any traffic control device or marker. Signs announcing the garage or yard sale are permitted at the site of the sale. Ord. No. 93- 23, Enacted, 10/ 26/ 93)

Section 9. 06. 070 Inspection of Site and Property

During all reasonable hours and in any reasonable manner, the Code Compliance Officer,

or any law enforcement officer, may inspect the site at which a garage or yard sale is being advertised, or the personal property which may be displayed or offered for sale, for the purpose of assuring compliance with the provisions of this chapter. Ord. No. 93- 23, Enacted, 10/ 26/ 93)

Section 9. 06. 080 Violations as a Public Offense; Penalty

A violation of any of the provisions of this chapter shall be either a misdemeanor or an infraction and either subject to prosecution as a public offense or redressed by civil action. If

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prosecuted as a public offense, a violation shall be punishable in the manner provided by chapter 1. 16 of this code. The provisions of this chapter are enforceable under Chapter 1. 12. Under chapter 1. 12, the City Manager, or his designee, is authorized to issue citations for violations of this code. Every day any violation of this chapter continues shall constitute a separate violation. Ord. No. 93- 23, Enacted, 10/ 26/ 93)

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Chapter 9. 08

Offenses by or Against Minors

Sections:

9. 8. 010 Curfew - Persons under 18 Years of Age
10. 8. 030 Leaving Children under Five Years of Age Unattended

Section 9. 08. 010 Curfew - Persons under 18 Years of Age

A. Purpose and Intent. The City Council of Vista is concerned with the level of juvenile violence, juvenile gang activity, and juvenile crime in the City of Vista. The crimes being committed by juveniles include serious offenses such as murder, drive- by shootings, drug- related crimes and other gang- related activities. Juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang- related activities and to be victims of older perpetrators of crimes. Recent local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases the percentage of juvenile victimization and increases the number of arrests for violent crimes during curfew hours. Therefore, having an enforceable juvenile curfew ordinance is critical to preserving the public health, safety and welfare. B. Definitions. For purposes of this section the following terms shall be defined as follows: 1. Curfew Hours" means the period from 11: 00 p. m. any evening of the week, until 5: 00 a. m. the following day. 2. Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life. 3. Establishment" means any privately owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment. 4. Guardian" means a person who, under court order, is the guardian of the person of a minor, or public or private agency with whom a minor has been placed by the court. 5. Minor" means any person under 18 years of age. 6. Parent" means a person who is a natural parent, adoptive parent, or step- parent of another person. 7. Public Place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and

shops. 8. Responsible Adult" means a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor. 9. Serious Bodily Injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. C. Curfew Restrictions. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Vista during curfew hours. D. Parental Control. It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow the minor to be present in any public place or on the premises of any establishment within the City of Vista during curfew hours.

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E. It is a defense to prosecution under Subsection C or D that the minor was: 1. Accompanied by the minor' s parent or guardian, or by a responsible adult. 2. On an errand at the direction of the minor' s parent or guardian, or the responsible adult, without any detour or stop. 3. In a motor vehicle involved in interstate travel. 4. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop. 5. Involved in an emergency. 6. On the sidewalk abutting the minor' s residence. 7. Attending an official school, religious, or recreational activity supervised by one or more adults and sponsored by the City of Vista, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by one or more adults and sponsored by the City of Vista, a civic organization, or another similar entity that takes responsibility for the minor. 8. Exercising First Amendment rights protected by the United States Constitution. 9. Emancipated pursuant to law. F. Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The law enforcement officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under Subsection E is present or applicable. G. Each violation of this section shall constitute a separate offense. H. Penalty. Any person violating any provision of this section shall be deemed guilty of a misdemeanor. Prior Code 17- 1; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. No. 63- 13, Amended 5/ 14/ 63; Ord. No. 98- 8, Amended, 10/ 13/ 1998)

Section 9. 08. 020 Leaving Children under Five Years of Age Unattended.

No person shall willfully leave or permit any child less than five years of age to be left

unattended under such circumstances that it would reasonably appear that such child might be injured or suffer some impairment to its health or bodily comfort. Prior Code 17- 3; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. No. 63- 13, Amended 5/ 14/ 63)

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Chapter 9. 10

Public Decency

Section:

9. 10. 010 Public Decency

A. It is unlawful for a person, in a public place, to knowingly or intentionally: 1. Engage in sexual intercourse. 2. Appear in a state of nudity. B. " Nudity" means the showing of the human male or female genitalia, pubic hair or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region, or pubic hair region; or the exposure of any device worn as a cover over the nipples and/ or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/ or areola. C. " Public Place" includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied. D. The prohibition against public nudity set forth in this section, shall not apply to: 1. Any child under ten years of age. 2. Any mother breast feeding a child. E. This ordinance may be enforced by criminal complaint, criminal citation, injunction, or through any other legal means. However, in no case shall the criminal sanctions of this ordinance be applied to an activity when the criminal sanctions for that activity are set exclusively by the California Penal Code. Ord. No. 2001- 9, Enacted, 05/ 22/ 01)

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Chapter 9. 12

Adult-Oriented Businesses

Article I Adult-Oriented Business Regulatory Permits and Operating Regulations 9. 12. 010 Legislative Purpose 9. 12. 020 Definitions 9. 12. 030 Adult-Oriented Business Regulatory Permit Required 9. 12. 040 Investigation and Action on Application for Adult-Oriented Regulatory Permit 9. 12. 050 Adult- Oriented Business Development and Performance Standards 9. 12. 060 Employment of and Services Rendered to Persons Under the Age of 18 Years Prohibited; 21 if Liquor is Served 9. 12. 070 Inspections 9. 12. 080 Transfer of Adult- Oriented Business Regulatory Permit 9. 12. 090 Suspension or Revocation of Adult-Oriented Business Regulatory Permit 9. 12. 100 Appeal Procedures Article 2 Adult- Oriented Business Performer License 9. 12. 110 Purpose 9. 12. 120 Adult- Oriented Business Performer License 9. 12. 130 Investigation and Action on Application for Adult-Oriented Business Performer License 9. 12. 140 Suspension or Revocation of Adult- Oriented Business Performer License 9. 12. 150 Appeal of Denial or Revocation of Adult-Oriented Business Performer License 9. 12. 160 Display of License and Identification Cards 9. 12. 170 Register and License Number of Employees 9. 12. 180 Adult- Oriented Business Performer License Non- Transferable 9. 12. 190 Time Limit for Filing Application for Adult- Oriented Business Performer License Article 3 Enforcement 9. 12. 200 Violations Article 4 Miscellaneous Provisions 9. 12. 210 Regulations Non- Exclusive 9. 12. 220 Severability

Article I Adult-Oriented Business Regulatory Permits and Operating Regulations

Section 9. 12. 010 Legislative Purpose

It is the purpose and intent of this article to regulate the operations of adult businesses,

which have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize those certain adult- oriented businesses which have such First Amendment

protection.

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Prior Code 19- 26; Ord. No. 73-22, Added 4/ 5/ 73; Ord. No. 2001- 12, Amended, 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced, 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced, 8/ 8/ 06)

Section 9. 12. 020 Definitions

In addition to any other definitions contained in the Municipal Code, all words and

phrases included in this chapter shall have the meanings assigned to those words and phrases by Section 18. 84. 020 of the Vista Development Code, unless it is clearly apparent from the context that another meaning is intended. Prior Code 19- 27, Ord. No. 73- 22, Added 4/ 5/ 73; Ord. No. 2001- 12, Amended 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 030 Adult-Oriented Business Regulatory Permit Required

All adult-oriented businesses are subject to the adult-oriented business regulatory permit

requirements of this chapter as well as all other applicable ordinances of the City and laws of the state of California. A. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any adult- oriented business within the City of Vista unless the person first obtains, and continues to maintain in full force and effect, an adult- oriented business regulatory permit as occurrence of the " establishment of an adult- oriented business"- asherein required. Any defined in Section 18. 84. 020 of Chapter 18. 84 of the Vista Development Code shall require a new application for an adult- oriented business regulatory permit. The adult- oriented business regulatory permit shall be subject to the development and operational standards of this chapter and the underlying zone where the facility is located. B. The City' s Director of Community Development (" Director") or his/ her designee shall act upon any adult-oriented business regulatory permits in accordance with these regulations. C. Permit applicants shall file a written, signed and verified application on a form

provided by the Planning Division. Such application shall contain the following information and be accompanied by the following documents: 1. If the permit applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age. 2. If the permit applicant is a partnership, the partners shall state the partnership' s complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any. 3. If the permit applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of California, the names and capacities of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service

of process. 4. A signed and verified statement that neither the permit applicant ( if an individual) nor any individual partner, officer, or director of applicant ( if applicant is a partnership or corporation) has not pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex or sex- related offense, including crimes involving moral turpitude, prostitution, or obscenity, where: a. Less than two years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or

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b. Less than five years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a felony; or C. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24- month period. 5. The permit applicant shall sign the application. All persons who sign the application must also provide names, aliases, addresses, and date of birth. 6. If the permit applicant intends to operate the adult- oriented business under a name other than that of the permit applicant, the permit applicant shall file the fictitious name of the adult- oriented business and show proof of registration of the fictitious name. 7. A description of the type of adult- oriented business for which the permit is requested and the proposed address where the adult- oriented business will operate, plus the names and addresses of the owners and lessors of the adult- oriented business site. 8. The address to which notice of action on the application is to be mailed. 9. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared but must be oriented to the north or some other designated street or object and drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. 10. A diagram of the off-street parking areas and entries to the premises of the adult-oriented business, also showing the location of the lighting system required by this chapter. D. The completed application shall be accompanied by a non- refundable application fee. The amount of such fees shall be set by the City Council. E. The completeness of an application for an adult-oriented business regulatory permit shall be determined by the Director within five City business days of its submittal. If the Director determines that the permit application is incomplete, the Director shall immediately notify in writing the permit applicant of such fact and the reasons therefore, including any additional information necessary to render the application complete. Such writing shall be deposited in the U. S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five City business days following the receipt of an amended application or supplemental information, the Director shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete. F. The fact that a permit applicant possesses other types of State or City licenses does not exempt the applicant from the requirement of obtaining an adult- oriented business regulatory permit. Prior Codes 19- 28 and 19- 29; Ord. 73- 22, Added 4/ 5/ 73; Ord. No. 2001- 12, Amended 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 040 Investigation and Action on Application for Adult- Oriented Business Regulatory Permit

A. Upon receipt of a completed application and payment of the application and
write or stamp the application " Received" and, inpermit fees, the Director shall immediately

conjunction with City staff, shall promptly investigate the information contained in the application to determine whether an adult- oriented business regulatory permit shall be granted. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed

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application, nor is it grounds to extend the time period to conduct a hearing pursuant to this section. B. Within 28 days of receipt of the completed application, the investigation shall be completed and the Director shall notice and conduct a public hearing with notice of such hearing to be made pursuant to California Government Code Sections 65091 and 65905. C. In reaching a decision on the application, the Director shall not be bound by the formal rules of evidence in the California Evidence Code. D. The Director shall render a written decision on the application for an adult- oriented business regulatory permit within two City business days of the public hearing required section.by this The failure of the Director to render any decision within the time frames established in any part of this section shall be deemed to constitute an approval subject to compliance with all the operational standards of Chapter 9. 12 and the zoning, Iocational, and minimum proximity requirements of Section 18. 84. 030. Any decision of the Director respect to an application, whether such decision is in writing or occurs by operation of law, shall be subject to appeal to the City Council, pursuant to Section 9. 12. 100. The decision of the Director shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this code. E. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications. F. The Director shall grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows: 1. The Director shall write or stamp " Granted" or " Denied" on the application and date and sign such notation. 2. If the application is denied, the Director shall attach to the application a statement of the reasons for the denial. 3. If the application is granted, the Director shall attach to the application an adult-oriented business regulatory permit. G. The Director shall grant the application and issue the adult- oriented business regulatory permit upon findings that the proposed business meets, or will meet, all of the development and operational standards and requirements of this chapter, unless the application is denied based upon one or more of the criteria set forth in Subsection I of this section. H. If the Director grants the application, the applicant may begin operating the adult- oriented business for which the permit was sought, subject to strict compliance with the development and operational standards and requirements of this chapter. The permit holder shall post the permit conspicuously in the premises of the adult- oriented business. I. The Director shall deny the application if the applicant fails to establish that any of the following criteria have been met: 1. The adult- oriented business complies with the City' s zoning requirements as to its underlying zoning designation and other Iocational requirements of Section 18. 84.30. 2. The adult- oriented business complies with the development, operational or performance standards found in this chapter. 3. The permit applicant is at least 18 years of age. 4. The required application fees have been paid. 5. The application complies with Section 9. 12. 030. J. A permittee, applicant or substantially related entity wherein the new application is made by an individual or previous entity exercising management or oversight or control of the

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adult-oriented business, cannot re-apply for an adult-oriented business regulatory permit for a specific location within one year from the date of prior denial. K. Any affected person may appeal the decision of the Director in writing within ten days in accordance with the provisions of Section 9. 12. 100. L. It shall be unlawful for any person to establish, operate, engage in, conduct, or of Vista unless the person first obtains, andcarry on any adult business within the City continues to maintain in full force and effect, an adult- oriented business permit as herein

required. Any occurrence of the " establishment of an adult-oriented business" as defined in Section 18. 84. 020 of Chapter 18. 84 of the Vista Development Code shall require a new application for an adult-oriented business regulatory permit. M. Any person who violates the above section shall be guilty of a misdemeanor and subject to a fine of$ 1, 000 and/ or imprisonment for a period of up to six months. Prior Code 19- 31; Ord. No. 73- 22, Added 4/ 5/ 73; Ord. No. 2001- 12, Amended 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 050 Adult- Oriented Business Development and Performance Standards

A. Hours of Operation. It shall be unlawful for any owner, operator, manager, employee or independent contractor of an adult- oriented business to allow such adult- oriented business to remain open for business, or to license any employee, independent contractor or performer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 12: 00 a. m. and 8: 00 a. m. of any day excepting here from an "adult hotel/ motel." B. Exterior Lighting Requirements. All exterior areas, including parking lots, of the adult- oriented business shall be illuminated at a minimum of 1. 50 foot candle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable and/ or broken lights shall be replaced within 24 hours. C. Interior Lighting Requirements. All interior areas of the adult- oriented business excepting there from adult hotels/ motels shall be illuminated at a minimum of 1. 00 foot candle, maintained and evenly distributed at floor level. Inoperable and/ or broken lights shall be replaced within 24 hours, excepting here from an " adult hotel/ motel." D. Regulation of Adult Booth/ Individual Viewing Area. 1. No adult booth/ individual viewing area shall be occupied by more than one individual at a time. 2. Each adult booth/ individual viewing area within the adult- oriented business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two- way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/ individual viewing area from the main aisle. Any adult-oriented business may have more than one manager station in order to ensure compliance with this regulation. At all times, the manager station( s) shall be maintained to ensure a clear line of sight into the interior of the adult/ booth individual viewing area. Further, no one shall maintain any adult booth/ individual viewing area in any configuration unless the entire interior wherein the picture or entertainment that is viewed is visible from the manager station( s). The entire body of any patron in any adult booth/ individual viewing area must be visible from the main aisle and the manager station( s) without the assistance of mirrors or any other device. 3. No doors are permitted on an adult booth/ individual viewing area. No partially or fully enclosed adult booth/ individual viewing areas or partially or fully concealed adult booth/ individual viewing areas shall be maintained.

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4. No holes or other openings shall be permitted between adult

booths/ individual viewing areas. Any such hole or opening shall be repaired within 24 hours using " pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates. 5. No beds, couches or chairs with a sitting area greater than 24 inches wide shall be permitted in an adult booth/ individual viewing area. E. On Site Manager. All adult- oriented businesses shall have a responsible person who shall be at least 18 years of age and shall be on the premises to act as manager at all times during which the business is open. No performer may serve as the manager. The individual( s) designated as the on- site manager shall provide his/ her name to the Chief of Police to receive all complaints and be given by the owner and/ or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises. F. Security. All adult- oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards: 1. Adult- oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. 2. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty. 3. Security guard( s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guard( s) shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager' s station while

acting as a security guard. G. Interior of Premises. No exterior door or window on the premises of an adult- oriented business shall be propped or kept open at anytime while the business is open. H. Displays of Adult- Oriented Materials. All displays of materials characterized or distinguished on matters describing or relating to " specified sexual activities" or " specified anatomical areas," as defined in Section 18. 84. 020 of Chapter 18. 84 of the Vista Development Code, shall be completely screened from public view as viewed from adjacent sidewalks or public rights- of-way. I. Signs. All adult- oriented businesses shall comply with the following sign requirements, in addition to those of the Vista Municipal Code. Should a conflict exist between the requirements of the Vista Municipal Code and this subsection, the more restrictive shall

prevail. 1. If an adult- oriented business does not serve alcohol, it shall post a notice inside the establishment, within ten feet of every entrance used by customers for access to the establishment, stating that persons below the age of 18 years of age are prohibited from entering onto the premises or within the confines of the adult- oriented business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six inches by six inches, with a minimum typeface of 25 points. If the adult- oriented business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department. 2. No adult-oriented material shall be displayed in window areas or any area where it would be visible from any location other than within the confines of the adult-oriented business. J. Regulation of Public Restroom Facilities. If the adult- oriented business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from adult- oriented material. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult-

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oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall insure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers. K. Trash. All interior trash cans shall be emptied into a single locked trash bin lined with a plastic bag or with individually bagged trash at least once a day. At least four times a day, the front and rear exteriors of any adult-oriented business, along with the parking lot, shall be inspected for trash and debris and any trash and debris found shall be immediately removed and placed into a single locked trash bin lined with a plastic bag. L. Adult- Oriented Business Offering Adult Live Entertainment - Additional Operating Requirements. The following additional requirements shall apply to adult-oriented businesses providing adult live entertainment: 1. No person shall perform adult live entertainment for patrons of an adult- oriented business except upon a permanently fixed stage at least 18 inches above the level of the floor, and surrounded with a three foot high barrier or by a fixed rail at least 30 inches in height. No patron shall be permitted on the stage while the stage is occupied by a performer(s) and/ or adult cabaret dancer( s). This provision shall not apply to an individual viewing area where the performer is completely separated from the area in which the performer is viewed by an individual by a permanent, floor to ceiling, solid barrier. 2. No performer or adult cabaret dancer shall be within ten feet of a patron, measured horizontally, while the performer or adult cabaret dancer is performing adult live entertainment. While on stage, no performer or adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any performer or adult cabaret dancer. 3. As to off stage performances, no performer or adult cabaret dancer shall perform " adult live entertainment" off stage. As to an adult cabaret dancer performing off stage, a distance of at least two feet shall be maintained between the adult cabaret dancer and the patron( s) at all times. During off stage performances, no adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any adult cabaret dancer. 4. In addition, while on the premises, no performer or adult cabaret dancer shall have physical contact with a patron and no patron shall have physical contact with a performer or adult cabaret dancer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person' s body either before or after any adult live entertainment or off stage performances by such performer or adult cabaret dancer. Patrons shall be advised of the no touching requirements by signs and, if necessary, by employees, independent contractors, performers, or adult cabaret dancers of the establishment. This prohibition does not extend to incidental touching. 5. Patrons shall be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the establishment. 6. All employees and independent contractors of the adult facility, excepting there from performers while performing on the fixed stage, while on or about the premises or tenant space, shall wear at a minimum an opaque covering which covers their specified anatomical areas.

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7. Patrons shall not throw money to performers, place monies in the

performers' costumes or otherwise place or throw monies on the stage. If patrons wish to pay or tip performers, payment or tips may be placed in containers. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. If necessary, patrons shall also be advised of the tipping and gratuity requirements by employees or independent contractors of the adult- oriented business. 8. The adult-oriented business shall provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers' use and which the room. Patrons shall notperformers shall use. Same gender performers may share a dressing be permitted in dressing rooms. 9. The adult- oriented business shall provide an entrance/ exit to the establishment for performers that is separate from the entrance/ exit used by patrons, which the performers shall use at all times. 10. The adult- oriented business shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of ( and which actually results in) preventing any physical contact between patrons and performers and the patrons must also be three feet away from the walk aisle. Nothing in this section is intended to exempt the adult- oriented business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility. M. Adult Motion Picture Theater - Additional Operating Requirements. The following additional requirements shall apply to adult motion picture theaters: 1. If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions: a. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area; b. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times;

and C. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area. 2. If an adult motion picture theater is designed to permit outdoor viewing by patrons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right-of-way, child day care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence. Prior Code 19- 30; Ord. No. 73- 22, Added 4/ 5/ 73; Ord. No. 2001- 12, Added 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 060 Employment of and Services Rendered to Persons Under the Age of 18 Years Prohibited; 21 if Liquor is Served

A. Employees/ Independent Contractors. Employees and independent contractors

of an adult- oriented business must be at least 18 years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employees, or other person in charge of any adult-oriented business to employ,

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contract with, or otherwise retain any services in connection with the adult oriented business with or from any person who is not at least 18 years of age. If liquor is served at the adult- oriented business, employees and independent contractors of the adult- oriented business must be at least 21 years of age. If liquor is served at the adult- oriented business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employee, or other person in charge of any adult-oriented business to employ, contract with, or otherwise retain any services in connection with the adult- oriented business with or from any person who is not 21 years of age. Said persons shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult-oriented business. B. Patrons. Patrons of an adult- oriented business must be at least 18 years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employee, independent contractor, or other person in charge of any adult-oriented business to permit to enter or remain within the adult-oriented business any person who is not at least 18 years of age. If liquor is served at the adult- oriented business, patrons must be at least 21 years of age. If liquor is served at the adult- oriented business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employee, independent contractor, or other person in charge of any adult-oriented business to permit to enter or remain within the adult-oriented business any person who is not at least 21 years of age. Said persons shall exercise reasonable care in ascertaining the true age of persons entering the adult-oriented business. C. X- Rated Movies. The selling, renting and/ or displaying of x- rated movies, videotapes, digital video disks ( DVDs), compact disks ( CDs) and laser disks shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons under 18 years of age sells, rents, or displays movies, videos, DVDs, CDs or laser disks that have been rated " X" or rated " NC- 17' by the motion picture rating industry (" MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment where these items are not visible to persons under the age of 18 and from which persons under the age of 18 shall be prohibited. Prior Code 19- 31; Ord. No. 73- 22, Added 4/ 5/ 73; Ord. No. 2001- 12, Added 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 070 Inspections

Each owner, operator, manager, employee or independent contractor of an adult-

oriented business or other person in charge of an adult- oriented business shall permit representatives of the Police Services Department, Health Department, Fire Department, the Planning Division, Business License Division and Code Compliance Division and other City Departments and Divisions, to inspect the adult- oriented business for the purpose of insuring compliance with the laws and operating standards applicable to adult-oriented businesses at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner. Prior Code 19- 32; Ord. No. 73- 22, Added 4/ 5/ 73; 22; Ord. No. 2001- 12, Added 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

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Section 9. 12. 080 Transfer of Adult- Oriented Business Regulatory Permit

A. A permit holder shall not operate an adult-oriented business under the authority of an adult- oriented business permit at any place other than the address of the adult- oriented business stated in the application for the permit. B. In the event of a transfer of ownership of the adult-oriented business, the new owner shall be fully informed of the requirements of this chapter, including the operational and development standards herein. C. In the event of a transfer of the adult- oriented business or the adult- oriented business permit, the transferee must provide the Director with the following information within seven days of the transfer: 1. If the transferee is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age. 2. If the transferee is a partnership, the partners shall state the partnership' s complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any. 3. If the transferee is a corporation or L. L. C., the entity shall provide its complete name, the date of its incorporation or organization, evidence that it is in good standing under the laws of the state of California, the names and capacities of all officers and directors, managers or members having supervisory or managerial control over the facility, the name of the registered agent, and the address of the registered office for service of process. Ord. No. 2001- 12, Added 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 090 Suspension or Revocation of Adult-Oriented Business Regulatory Permit

A. On determining that grounds for permit suspension or revocation exist, the Director shall furnish written notice of the proposed suspension or revocation to the permit holder. Such notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing is based, the pertinent Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permit holder, or shall be delivered to the permit holder personally, at least ten days prior to the hearing date. Hearings pursuant to this section shall be noticed in accordance with California Government Code Sections 65091 and 65905 conducted by the City Director or designee, including a third party hearing officer. Hearings pursuant to this section shall be conducted in accordance with procedures established by the Director but, at a minimum, shall include the following: 1. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. 2. The Director shall not be bound by the formal rules of evidence. 3. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the permit holder. Extensions of time or continuances sought by a permit holder shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on permit suspensions or revocations. 4. The Director' s decision may be appealed in accordance with Section 9. 12. 100.

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B. A permit may be suspended or revoked based on the following causes arising from the acts or omissions of the permit holder, or an employee, independent contractor, partner, director, or manager of the permit holder: 1. The building, structure, equipment, or location used by the adult- oriented business fails to comply with all provisions of these regulations and this section relating to adult- oriented businesses, including the adult-oriented business operational standards contained in Section 9. 12. 050 above and the zoning requirements of Chapter 18. 84, and all other applicable building, fire, electrical, plumbing, health, and zoning requirements of the Vista Municipal Code. 2. The permit holder has failed to obtain or maintain all required City licenses. 3. The permit holder has made any false, misleading, or fraudulent statement of material fact in the application for an adult- oriented business permit. 4. The permit is being used to conduct an activity different from that for which it was issued. 5. That an individual employed by, or performing in, the adult- oriented business ( whether classified as an employee or independent contractor) has been convicted of two or more sex- related offenses that occurred in or on the licensed premises within a 12 month period and was employed by, or performing in, the adult-oriented business at the time the offenses were committed. 6. That the use for which the approval was granted has ceased to exist or has been suspended for six months or more. 7. That the transferee/ new owner of an adult- oriented business or adult- oriented business permit failed to comply with the requirements of this chapter. 8. The permit holder, partner, director, or manager has knowingly allowed or permitted, or has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult- oriented business; or a permittee has been convicted of violating any of the following state laws on the premises of the adult-oriented business: a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation. b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur. C. conduct constituting a criminal offense which requires Any registration under Section 290 of the California Penal Code. d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, 318 or Subdivision ( b) of the Section 647b of the California Penal Code. e. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313. 4. f. Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health & Safety Code. g. An act or omission in violation of any of the requirements of this chapter if such act or omission is with the knowledge, authorization, or approval of the license holder or is as a result of the permit holder' s negligent supervision of the employees or independent contractors of the adult facility. This includes the allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property.

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C. After holding the hearing in accordance with the provisions of this section, if the

Director finds and determines that there are grounds for suspension or revocation, the Director shall impose one of the following: 1. Suspension of the permit for a specified period not to exceed six months;

or 2. Revocation of the permit. The Director shall render a written decision that shall be hand delivered or overnight mailed to the permit holder within five days of the public hearing. D. In the event a permit is revoked pursuant to this section, another adult- oriented business permit to operate an adult- oriented business shall not be granted to the permittee or an entity related to the permittee within 12 months after the date of such revocation. Ord. No. 2001- 12, Added 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 100 Appeal Procedures

A. After approval, denial, suspension or revocation of a permit, any affected person may appeal the decision to the City Council in writing within ten days after the written decision. B. Consideration of an appeal of the decision shall be at a public hearing, notice of which shall be given pursuant to California Government Code Sections 65091 and 65905 and which hearing shall occur within 30 days of the filing or initiation of the appeal. C. The City Council action on the appeal of the decision shall be by a majority vote of the members present and upon the conclusion of the de novo public hearing, the City Council shall grant or deny the appeal. The City Council' s decision shall be final and conclusive and shall be rendered in writing within four City business days of the hearing, such written decision to be mailed to the party appealing the Director' s decision. D. In reaching its decision, the City Council shall not be bound by the formal rules of evidence. E. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications. F. Failure of the City Council to render a decision to grant or deny an appeal of a permit denial within the time frames established by this section shall be deemed to constitute an approval of the adult- oriented business permit. G. The time for a court challenge to a decision of the City Council is governed by California Code of Civil Procedure Section 1094. 8. H. Notice of the City Council' s decision and its findings shall include citation to California Code of Civil Procedure Section 1094. 8. I. Any applicant or permit holder whose permit has been denied pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094. 8. Ord. No. 2001- 12, Added 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

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Article 2 Adult-Oriented Business Performer License

Section 9. 12. 110 Purpose

It is the purpose and intent of this article to provide for the licensing of adult- oriented business performers in order to promote the health, safety, and general welfare of the City. The goals of the performer licensing provisions are ( 1) to protect minors by requiring that all performers be over the age of 18 years; ( 2) to assure the correct identification of persons performing in adult- oriented businesses; ( 3) to enable the City to deploy law enforcement resources effectively; and ( 4) to detect and discourage the involvement of crime in adult- oriented businesses by precluding the licensing of performers with certain sex- related convictions in a set time period. It is neither the intent nor the effect of these regulations to invade the privacy of performers or to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny access by adults to communicative materials or to deny access by the distributors or exhibitors of adult- oriented businesses to their intended lawful market. Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. Ord. 2001- 12, Adopted 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Enacted 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Enacted 8/ 8/ 06)

Section 9. 12. 120 Adult-Oriented Business Performer License

A. No performer shall be employed, hired, engaged, or otherwise retained in an

adult- oriented business as defined in Section 18. 84. 020 of Chapter 18. 84 of the Vista

specifiedDevelopment Code to participate in or give any live performance displaying " anatomical areas" or " specified sexual activities" without first having a valid adult-oriented business performer license issued by the City. B. All persons required by Section 9. 12. 120 to obtain an adult business performer permit must apply and obtain such within five days of the effective date of this section. Any person who violates this section shall be guilty of a misdemeanor and subject to a fine of up to 1, 000 and/or imprisonment for a period of up to six months. C. The City Manager or his or her designee shall grant, deny, and renew adult- oriented business performer licenses in accordance with these regulations. D. License applicants shall file a written, signed, and verified application or renewal application on a form provided by the Chief of Police. Such application shall contain the following information: 1. The license applicant' s legal name and any other names ( including " stage names" and aliases) used by the applicant. 2. Principal place of residence. 3. Age, date and place of birth. 4. Height, weight, hair and eye color and tattoo descriptions and locations. 5. Each present and/ or proposed business address( es) and telephone number( s) of the establishments at which the applicant intends to work. 6. Drivers license or identification number and state of issuance. 7. Social security number. 8. Satisfactory written proof that the license applicant is a least 18 years of age.

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9. The license applicant' s fingerprints on a form provided by the Vista Police

Department and two color, two by two inch, photographs clearly showing the applicant' s face. Any fees for the photographs and fingerprints shall be paid by the applicant. Fingerprints and photographs shall be taken within six months of the date of application. 10. Whether the license applicant has pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex- related offense, and ( a) less than two years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or ( b) less than five years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of conviction, whichever is the later date, if the conviction is a felony; or ( c) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24- month period. 11. If the application is made for the purpose of renewing a license, the license applicant shall attach a copy of the license to be renewed. E. The information provided above in Section C which is personal, private, confidential or the disclosure of which could expose the applicant to the risk of harm will not be disclosed under the California Public Records Act. Such information includes, but is not limited to, the applicant' s residence address, telephone number, date of birth and age, driver' s license and social security numbers. The City Council in adopting the application and licensing and/ or permit system set forth herein has determined in accordance with California Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant' s privacy, confidentiality or security interest are protected. The City Clerk shall cause the above mentioned information to be redacted from any copy of a completed application form made available to any member of the public. F. The completed application shall be accompanied by a non- refundable application fee and an annual license fee. The amount of such fees shall be as set forth in the schedule of fees established by resolution from time to time by the City Council. G. The completeness of an application shall be determined within two City business days by the Chief of Police or his/ her designee. The Chief of Police or his/ her designee must be available during normal working hours Monday through Friday to accept adult- oriented business performer applications. If the Chief of Police determines that the application is incomplete, the Chief of Police shall immediately inform the applicant of such fact and the reasons therefore, additional information necessary to render the application complete. Upon receiptincluding any of a completed adult- oriented business performer application and payment of the license fee specified in Section F above, the Chief of Police shall immediately issue a temporary license which shall expire of its own accord 14 business days from the date of issuance. However, if the results of the fingerprint investigation have not been received at the expiration of the period, said temporary license shall automatically renew for a 14 business day period, until the results are received. H. This temporary adult-oriented business performer license shall authorize a performer to commence performance at an adult- oriented business establishment that possesses a valid adult- oriented business license authorized to provide adult live entertainment. I. The fact that a license applicant possesses other types of state or City permits or licenses does not exempt the license applicant from the requirement of obtaining an adult- oriented business performer license. Ord. No. 2001- 12, Added 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

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Section 9. 12. 130 Investigation and Action on Application for Adult-Oriented Business Performer License

A. Upon submission of a completed application, payment of license fees, and issuance of a temporary adult- oriented business performer license pursuant to Section application " Received" and in9. 12. 120, the Chief of Police shall immediately stamp the conjunction with City staff, including members of the police department, shall promptly investigate the information contained in the application to determine whether the license applicant should be issued an adult- oriented business performer license. B. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application. C. The Chief of Police shall render a written decision to grant or deny the license within the time period set forth in Subsection b of this section. Said decision shall be mailed first class postage prepaid or hand delivered to the applicant, within the foregoing 14 day period or extension period if extended pursuant to Section 9. 12. 120( G) at the address provided by the applicant in the application. D. The Chief of Police shall notify the applicant as follows: 1. The Chief of Police shall write or stamp " Granted" or " Denied" on the application and date and sign such notation. 2. If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for the denial. Such notice shall also provide that the license applicant may appeal the denial to the City Council in accordance with Section 9. 12. 150. 3. If the application is granted, the Chief of Police shall attach to the application an adult- oriented business performer license. 4. The application, as acted upon, and the license, if any, shall be placed in the United States mail, first class postage prepaid, or hand delivered, addressed to the license applicant at the residence address stated in the application in accordance with the time frames established herein. E. The Chief of Police shall grant the application and issue the license unless the application is denied based on one of the grounds set forth in Subsection F of this section. F. The Chief of Police shall deny the application based on any of the following grounds: 1. The license applicant has made false, misleading, or fraudulent statements of material fact in the application for an adult- oriented business performer license or omission of a material fact necessary to be complete and accurate. 2. The license applicant is under 18 years of age. 3. The adult- oriented business performer license is to be used for performing in a business prohibited by laws of the state or City or a business that does not have a valid adult- oriented business license. 4. The license applicant, has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex- related offense and ( a) less than two years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or ( b) less than five years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a felony; or ( c) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24- month period.

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G. Failure of the Chief of Police to render a decision on the license within the time

frames established by this section shall be deemed to constitute an approval, subject to appeal to the City Council, pursuant to Section 9. 12. 150. H. Each adult- oriented business performer license, other than the temporary license described in Section 9. 12. 120F, shall expire one year from the date of issuance and may be renewed only by filing with the Chief of Police a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. If said application conforms to the previously approved application and there has been no change with respect to the license holder being convicted of any crime classified by this or any other state as a sex- related offense, the Chief of Police or his/ her designee shall renew the license for one year. Any plea to or conviction of a sex- related offense requires the renewal application to be set for hearing before the Chief of Police in accordance with the provisions of this section. The request for renewal shall be made at least 30 days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon applications for license. The Chief of Police' s denial of a renewal application is appealable pursuant to the provisions of Section 9. 12. 150. Ord. No. 2001- 12, Added 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 140 Suspension or Revocation of Adult- Oriented Business Performer License

A. On determining that grounds for license suspension or revocation exist, the Chief of Police shall furnish written notice of the proposed suspension or revocation to the license holder. Such notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing is based, the pertinent Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the license holder, or shall be delivered to the license holder personally, at least ten days prior to the hearing date. Hearings pursuant to this section shall be conducted by the City Manager or a Designated Hearing Officer designated by him/ her which can include a retired judge. Hearings pursuant to this section shall be conducted in accordance with procedures established by the City Manager or Designated Hearing Officer but, at a minimum shall include the following: 1. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. 2. The City Manager or Designated Hearing Officer shall not be bound by the formal rules of evidence. 3. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the license holder. Extensions of time or continuances sought by a license holder shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on license suspensions or revocations. 4. The City Manager's decision may be appealed in accordance with Section 9. 12. 150. B. A license may be revoked, based on any of the following causes arising from the acts or omissions of the license holder: 1. The licensee has made any false, misleading, or fraudulent statements of material fact in the application for a performer license or omission of a material fact necessary to be complete and accurate. 2. The licensee has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense and ( a) less than two years

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have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or ( b) less than five years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a felony; or ( c) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24- month period. 3. Failure to comply with the operating standards of Section 9. 12. 050 or the requirements of this chapter. C. After holding the hearing in accordance with the provisions of this section, if the City Manager or Designated Hearing Officer finds and determines that there are grounds for suspension or revocation, the City Manager or Designated Hearing Officer shall impose one of the following: 1. Suspension of the license for a specified period not to exceed six months;

or 2. Revocation of the license. D. The City Manager or Designated Hearing Officer shall render a written decision that shall be hand delivered or overnight mailed to the license holder within two days of the public hearing. Failure to render such a decision within this time frame shall constitute an approval or reinstatement of the license, subject to appeal to the City Council, pursuant to Section 9. 12. 150. E. Any applicant may appeal the decision of the City Manager or Designated Hearing Officer in writing within ten days in accordance with the provisions of Section 9. 12. 150. F. In the event a license is revoked pursuant to this section, another adult- oriented business performer license shall not be granted to the licensee within 12 months after the date

of such revocation. Ord. No. 2001- 12, Added 7/ 10/ 01; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 150 Appeal of Denial or Revocation of Adult- Oriented Business Performer License

A. The decision of the City Manager or Designated Hearing Officer shall be final and conclusive and shall be rendered in writing within seven days of the hearing, such written decision to be immediately mailed to the affected party. B. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this division or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications. C. Failure of the City Manager to render a decision within the time frames established by this section shall be deemed to constitute an approval or reinstatement of the adult- oriented business performer license. D. The time for a court challenge to a decision of the City Manager is governed by California Code of Civil Procedure Section 1094. 8. E. Notice of the City Manager' s decision and his/ her findings shall include citation to California Code of Civil Procedure Section 1094. 8.

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F. Any applicant or license holder whose license has been denied, suspended, or

revoked, pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094. 8. Ord. No. 2001- 12, Added 7/ 10/ 2001; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 160 Display of License and Identification Cards

The Chief of Police shall provide each adult- oriented business performer required to

have an adult- oriented business performer license pursuant to this chapter with an identification card containing the name, business address, photograph and license number of such performer. Every performer shall have such card available for inspection at all times during which he or she is on the premises of the adult- oriented business at which he or she performs. Ord. No. 2001- 12, Added 7/ 10/ 2001; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 170 Register and License Number of Employees

Every owner, operator, manager or licensee in charge or in control of an adult- oriented

business as defined in Section 18. 84.020 of Chapter 18. 84 of the Vista Development Code,

specified anatomical areas" or " specifiedwhich provides any live performance displaying " sexual activities" must maintain a register of all persons so performing on the premises and their adult- oriented business performer license numbers. Such register shall be available for inspection during regular business hours by any police officer of the City. Ord. No. 2001- 12, Added 7/ 10/ 2001; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 180 Adult- Oriented Business Performer License Non- Transferable

No adult-oriented business performer license may be sold, transferred, or assigned by

any licensee or by operation of law, to any other person, group, partnership, corporation, or any other entity. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the adult- oriented business performer license, and the license thereafter shall be null and void. Ord. No. 2001- 12, Added 7/ 10/ 2001; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06

Section 9. 12. 190 Time Limit for Filing Application for Adult- Oriented Business Performer License

All persons required by this chapter to obtain an adult-oriented business performer

license must apply for and obtain such adult- oriented business performer license within 30 days of the effective date of this section. Failure to do so and continued performance that displays specified anatomical areas" or " specified sexual activities" in an adult- oriented business after such time without a license shall constitute a violation of this section. Ord. No. 2001- 12, Added 7/ 10/ 2001; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

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Article 3 Enforcement

Section 9. 12. 200 Violations

A. Any owner, operator, manager, employee or independent contractor of an adult- oriented business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult-oriented businesses shall be subject to any and all civil remedies, revocation. All remedies provided herein shall be cumulative and notincluding license exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued. B. In addition to the remedies set forth in Subsection A of this section, any adult- oriented business that is operating in violation of these provisions regulating adult-oriented businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. C. The restrictions imposed pursuant to this section constitute a licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the Vista Municipal Code, the City does not impose a criminal penalty for violations of the provisions of this ordinance related to sexual conduct or activities. Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 2006; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Article 4 Miscellaneous Provisions

Section 9. 12. 210 Regulations Non- Exclusive

The provisions of this chapter regulating adult- oriented businesses are not intended to

be exclusive, and compliance therewith shall not excuse non- compliance with any other provisions of the Municipal Code and/ or any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Vista. Ord. No. 2001- 12, Added 7/ 10/ 2001; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

Section 9. 12. 220 Severability

If any article, section, subsection, paragraph, sentence, clause, or phrase of this chapter

and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council hereby declares that it would have adopted this chapter and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective. Ord. No. 2001- 12, Added 7/ 10/ 2001; Urgency Ord. No. 2006- 13, Repealed and Replaced 8/ 1/ 06; Ord. No. 2006- 17, Repealed and Replaced 8/ 8/ 06)

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Chapter 9. 16

Weapons

Sections:

9. 16. 010 Discharging Firearms Prohibited; Exceptions
10. 16. 020 Throwing Missiles Prohibited
11. 16. 030 Selling Weapons to Minors
12. 16. 040 Records Relative to Secondhand Weapons
13. 16. 050 Reward for Firearm Discharge Violation
14. 16. 060 Ammunition Sales Prohibited

Section 9. 16. 010 Discharging Firearms Prohibited; Exceptions

A. No person shall shoot, fire or discharge any pistol, revolver, gun, rifle or other

firearm or device fired or discharged by an explosive charge within the corporate limits of this city, provided, however, that this section shall not apply to the following individuals under the circumstances described. 1. Sheriffs, constables, marshals, policemen, members of the California Highway Patrol, and other duly appointed peace officers within the meaning of California Penal Code Section 817, whether active or retired, other duly appointed peace officers, paid peace officers of other states and the federal government who are carrying out official duties in California, or any person summoned by any such officer to assist in making arrests or preserving the peace while actually engaged in assisting such officer. 2. Members of the armed forces of the United States or the National Guard when on duty, or members of organizations under contract to the United States of America or the State of California when acting within the scope of such contract, or law. 3. Private or commercial security guards or messengers of common carriers, banks, financial and other institutions, who are properly licensed by a lawful authority to carry and discharge such weapons, when acting in a lawful manner within the scope and course of their employment. 4. Members of a club or organization while engaged in the practice of shooting at targets within a lawfully established shooting or target range. B. A violation of this section shall be misdemeanor. Prior Code 31- 1, Ord. 66- 19, Adopted, 9/ 6/ 66; Ord. No. 96- 10, Amended, 05/ 28/ 96)

Section 9. 16. 020 Throwing Missiles Prohibited

No person shall discharge any air gun, slingshot, or bean shooter, or throw, hurl, heave, or

propel any sharp- pointed missile, dart, or arrow upon any public street or sidewalk or public gathering place within the corporate limits of this city. Prior Code 31- 2; Ord. 66- 19, Adopted, 9/ 6/ 66)

Section 9. 16. 030 Selling Weapons to Minors

No person shall sell to any minor child ( age 18 and under) any dart, arrow, or sharp-

pointed missile, pistol, revolver, gun, rifle, or any other firearm or device fired or discharged by explosives within the corporate limits of this city. Prior Code 31- 3; Ord. No. 66- 19, Adopted, 9/ 6/ 66)

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Section 9. 16. 040 Records Relative to Secondhand Weapons

A. If a seller licensed by the City to sell firearms, has offered to him for purchase or

for acceptance in trade a used or secondhand concealable weapon, he shall first obtain from the person offering such weapon the following information: 1. Name, address and physical description of such person. 2. The description and license number of the vehicle, if any, by which the person arrived at seller' s place of business. 3. The caliber, manufacturer' s name, description, serial number or numbers, and initials or other identifying marks of the offered weapon. 4. Such other information which may be required by the Sheriff. B. Such information shall be recorded on forms furnished by the Sheriff. On Monday of each week such dealer shall file with the Sheriff such completed form with respect to each used or secondhand concealable weapon purchased or taken in trade during the preceding week by such dealer. Prior Code 31- 4; Ord. No. 75- 27, Adopted 6/ 23/ 75)

Section 9. 16. 050 Reward for Firearm Discharge Violation

A. Reward.
a reward not to exceed $ 500 per incident for The City Council may pay

information leading to the arrest and conviction of any person for violation of Municipal Code Section 9. 16. 010, discharge of firearms within corporate limits of the city, or for violation of Penal Code 246. 3 of the state of California, the discharging of a firearm in a grossly negligent manner if the discharge results in damage to property of death or injury to any person. In the event there are multiple contributors of such information, the reward amount may be divided by the city in the manner it shall deem appropriate. For the purposes of the section, diversion or a plea bargain to a lesser offense shall constitute a conviction. The City Manager shall distribute information to inform the community that the award has been paid and the circumstances of such award. B. Claims. 1. Claims for rewards under this section shall be filed with the City Clerk. Each claim shall:

a. Specifically identify the date and location where the illegal firearm

discharge took place. b. Identify by name the person who was convicted, or plead guilty or nolo contendere to violation of Vista Municipal Code Section 9. 16. 010 or Penal Code Section 246. 3. C. Identify the court and the date upon which either the conviction or the plea was entered. 2. All claims for reward shall be reviewed by the City Council and shall be subject to approval. No claim for reward shall be approved by the City Council unless the City Manager, or his/ her designee, has investigated and verified the accuracy of the claims and has recommended that it be allowed. 3. The person committing the offense, or if an unemancipated minor, then the custodial parent( s) or guardian of said minor, shall be liable for reimbursement to the City for any reward paid pursuant to this section if the injury, death, or damage was to an employee, volunteer, or property of the City, or the property of any governmental agency located within the boundaries of the city. If the individual or custodial parents) or guardian of an unemancipated minor fails to pay the reward amount within 30 days from the date an invoice is submitted, the City may recover the reward amount from the individual, or the custodial parent( s) or guardian of an unemancipated

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minor through small claims court or any other legal means. Ord. No. 96- 8, Enacted, 05/ 28/ 96)

Section 9. 16. 060 Ammunition Sales Prohibited

A. The term " firearm ammunition," as used in this section, shall include any ammunition for use in pistols, revolvers, rifles, shot guns, or any other device capable of being used as a weapon, from which is expelled a projectile by the force of explosion or sudden combustion. B. Except as specified in Subsection C and D below, no person, including retail gun dealer, shall sell, give, supply, or transfer ownership of any firearm ammunition during the period of scommencing seven days prior to the first day January (" New Year' Day"), or seven days prior to the Fourth of July holiday, of each year and ending at midnight of the New Year' s Day or Fourth of July holiday. C. Nothing in this section shall prohibit the following: 1. The sale or transfer of ownership of firearm ammunition by a wholesale gun dealer to another wholesale gun dealer or to a retail gun dealer. 2. The sale of ammunition from which the explosive propellant or combustible material has been removed and the primer mechanism permanently disabled. D. Nothing in this section shall prohibit the sale of firearm ammunition to any person described in Sections 12302 or 12322 of the California Penal Code. E. This section shall not be interpreted or applied in any manner that conflicts with the provisions of Title 2, Part 4 of the California Penal Code. In the event any word, term, provision, or part of this section is deemed to be in conflict with, or preempted by, any law or the Constitution of the State of California, or any law or the Constitution of the United States of America, such offending word, term, provision or part shall be deemed removed and inoperative from this section, and all remaining portions of this section shall be deemed to have been intended to be adopted in the entirety without such offending word, term, provision, or part. Ord. No. 96- 9, Enacted, 05/ 28/ 96)

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Chapter 9. 20

Offenses Against Property

Sections:

9. 20. 010 Possession of Spray Paint Cans Prohibited
10. 20. 020 Use of Public Property
11. 20. 030 Trespassing Upon Parking Lots, Shopping Center Property and Other Property Open to Public
12. 20. 040 Motor Vehicles on Private Property

Section 9. 20. 010 Possession of Spray Paint Cans Prohibited

A. It is unlawful for any person under the age of 18 years to have in his or her possession any aerosol spray can containing any substance commonly known as paint while upon public property or upon private property without the consent of the owner of such private property, whether such minor is or is not in or on an automobile or other form of conveyance. B. In addition to any other penalties provided for a violation of this section, a violator may be required to pay for the costs of repairing any damage to property caused by that violator' s unlawful conduct. Prior Code 19- 3; Ord. No. 79- 35, Adopted, 8/ 27/ 79)

Section 9. 20. 020 Use of public property

A. Definition. For the purpose of this article, the term " camp" means the use of

public property for living accommodations purposes such as sleeping activities, or preparations to sleep ( including the laying down of bedding for the purpose of sleeping), or storing personal belongings ( including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material) or making any fire or using any tents or other structure for sleeping or carrying on cooking activities, or living in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. This section does not prohibit persons from using blankets to picnic. B. No person shall camp on any public property, public park, or any public street or highway, provided that nothing in this section will be construed to prohibit camping in public campgrounds under permit authorized by other provisions of law or ordinance. C. No person shall camp on any private property without permission of the owner or lessee of such property. D. No person shall sleep or recline in any automobile parked upon any public street, or highway within the city for any period greater than two hours continuously. E. No person shall stand or sit on any crosswalk, or any other public street, highway, public park or property, shopping center or other property opened or dedicated to public use or to which the public is invited, so as to unreasonably obstruct the free use thereof by the public or passage therein or thereon by pedestrians, or to hinder, molest, or annoy any person or persons in passing along the same, or to unreasonably obstruct the entrance of any public hall, public building, or public park. Prior Code 19- 7; Ord. No. 68- 47, Adopted, 12/ 2/ 68; Ord. No. 97- 19, Amended, 10/ 14/ 1997)

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uponSection 9. 20. 030 Trespassing Parking Lots, Shopping Center Property and
Other Property Open to Public

A. No person other than a public officer or employee acting within the course and

scope of his or her employment shall remain upon, wander, idle, or loiter on any parking lot, shopping center property or any other place open to the public without apparent reason or business, or without the written permission of the owner thereof, or the person entitled to the immediate possession thereof, or the authorized agent of either. B. Whenever any person is stopped by a law enforcement officer pursuant to this section, he shall, upon the request of such law enforcement officer, display such written permission. Prior Code 19- 7. 1; Ord. No. 82- 26, Adopted, 9/ 27/ 82; Ord. No. 89- 3, Amended, 2/ 13/ 89)

Section 9. 20. 040 Motor Vehicles on Private Property

No person shall drive a motor vehicle on any lands under cultivation or enclosed by a

fence, belonging to or occupied by another, or drive a motor vehicle on any uncultivated or unenclosed land where signs forbidding trespass are displayed at intervals not greater than one- third of a mile along all exterior boundaries and along all roads and trails entering such lands, without having and, upon request of a peace officer, displaying written permission from the owner of such lands, or his agent, or the person in lawful possession thereof, provided, however, that this section is not applicable to persons having visible or lawful business with such owner, agent or person in lawful possession. Such signs forbidding trespass may be of any size and wording which will fairly advise persons that the use of the land is so restricted. Prior Code 19- 8. 1; Ord. No. 70- 29, Adopted, 8/ 3/ 70)

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Chapter 9. 24

Forfeiture of Motor Vehicles

Sections:

9. 24. 010 Violation
10. 24. 020 Vehicle Impoundment
11. 24. 030 Cause for Abatement

Section 9. 24. 010 Violation

Any motor vehicle used in the commission of an act in violation of an act in violation of Section 647( b) of the Penal Code, to solicit or engage in any acts of prostitution, is hereby declared to be a public nuisance. Ord. No. 94- 5, Enacted, 02/ 22/ 94)

Section 9. 24. 020 Vehicle Impoundment

Any defendant convicted of the underlying offense to solicit or engage in any acts of

prostitution is enjoined from use of the vehicle again for purposes of violating Section 647( b) of the Penal Code. Any vehicle used in violation of this provision is subject to summary abatement by temporary impoundment. Ord. No. 94- 5, Enacted, 02/ 22/ 94)

Section 9. 24. 030 Cause for Abatement

A vehicle shall not be declared a nuisance and subject to abatement if any of the following

circumstances exist: A. The vehicle is stolen, unless the identity of the legal and registered owners of the vehicle cannot reasonably be ascertained. B. The vehicle is owned by another, or there is a community property interest in the vehicle owned by a person other than the defendant and the vehicle is the only one available to the defendant' s immediate family that may be operated on the highway with a Class 3 or Class 4 driver' s license. Ord. No. 94- 5, Enacted, 02/ 22/ 94)

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Chapter 9. 26

Aggressive Panhandling

Sections:

9. 26. 010 Aggressive Panhandling - Prohibited
10. 26. 020 Definitions
11. 26. 030 Enforcement

Section 9. 26. 010 Aggressive Panhandling - Prohibited

It is unlawful for any person on the streets, sidewalks, or other places open to the

public, whether publicly or privately owned, including parks, to harass or impede any person for the purpose of inducing that person through coercion, threat and/ or intimidation to give money or other thing of value. Ord. No. 94- 4, Enacted, 02/ 22/ 94)

Section 9. 26. 020 Definitions

A. " Harass" means to irritate or torment persistently.
B. " Impede" means to obstruct or pursue relentlessly and tenaciously.
C. " Coercion" means to enforce or bring about by force or threat.
D. " Threat" means an expression of intention to inflict evil, injury or damage.
E. " Intimidation" means to compel or deter by or as if by threats.

Ord. No. 94- 4, Enacted, 02/ 22/ 94)

Section 9. 26. 030 Enforcement The provisions of this chapter shall be enforced by the San Diego County Sheriff' s Department. All violations shall be punishable as an infraction in accordance with Chapter 1- 10 of the Vista City Code. Ord. No. 94- 4, Enacted, 02/ 22/ 94)

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Chapter 9. 30

Prohibition of Loitering Around ATM Machines

Sections:

9. 30. 010 Findings and Purpose
10. 30. 020 Short Title
11. 30. 030 Definitions
12. 30. 040 Prohibitions
13. 30. 050 Penalties
14. 30. 060 Posting of Public Notice Required by Owners or Licensees
15. 30. 070 Law Enforcement Standards
16. 30. 080 Severability

Section 9. 30. 010 Findings and Purpose

The City Council of the City of Vista hereby finds that the increased placement and use

of automatic cash dispensing machines and automated bank teller machines, otherwise known as " ATMs," provide for the public convenience and promote beneficial economic activity within the community, however the placement and increased use of ATMs is causing increased exposure of the public to certain criminal activities including, for example robberies and assaults, and provides new opportunities and incentives for criminal conduct. The City Council finds, therefore, that new and additional means must be provided to maintain effective law enforcement and to enable law enforcement officers to prevent such criminal activity. The City Council further finds that citizens of the community are expressing heightened anxiety and fear of becoming victims of criminal activity when using ATMs for their legitimate purposes. The purposes of this ordinance are: A. To set standards and regulate conduct of the public in and around the immediate vicinity of any ATM machines by prohibiting loitering. B. To enhance the well- being of the public using ATMs for their legitimate purposes. C. To provide law enforcement officers with greater means of preventing and controlling criminal activity near and around ATMs. Ord. No. 94- 21, Enacted, 09/ 13/ 94)

Section 9. 30. 020 Short Title

This chapter may be cited as the ATM Anti- Loitering Ordinance of the City of Vista.

Ord. No. 94- 21, Enacted, 09/ 13/ 94)

Section 9. 30. 030 Definitions

ATM" means any cash dispensing machine, or automated bank teller machine placed

out of doors for the use and convenience of the public in transacting business, withdrawing or depositing money or instruments, or inquiring about the status of accounts. Lawful Business" means any business activity that is not prohibited or criminal in nature. Loiter" or " Loitering," for the purposes of this chapter, means to delay or linger without a lawful purpose and for the purpose of committing a crime as opportunity may be discovered within a distance of 30 feet from any ATM.

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Out of Doors" means outside of a building or within a special enclosure designed for use of ATMs. Ord. No. 94- 21, Enacted, 09/ 13/ 94)

Section 9. 30. 040 Prohibitions

It shall be unlawful, and a violation of this section, for any person to: A. Loiter within a distance of 30 feet from any ATM located out of doors within the city of Vista; or B. Conduct any itinerant or sidewalk business within a distance of 30 feet from any ATM located out of doors within the City of Vista. Ord. No. 94- 21, Enacted, 09/ 13/ 94)

Section 9. 30. 050 Penalties

A violation of Section 9. 30. 040 shall be either a misdemeanor or an infraction. The

complaint charging such violation shall specify whether the violation is a misdemeanor or an or prosecuting official. If chargedinfraction, which decision shall be made by the City Attorney, as a misdemeanor offense, upon conviction, the violator shall be punished in accordance with Section 1. 16. 010. D of the Vista Municipal Code. If charged as an infraction, upon conviction, the violator shall be punished in accordance with Section 1. 16. 010. A of the Vista Municipal Code. In addition to any criminal penalties that may be imposed upon conviction, the City Attorney is authorized to seek civil remedies, including injunctive relief, for any actual or threatened violations of this chapter. Ord. No. 94- 21, Enacted, 09/ 13/ 94)

Section 9. 30. 060 Posting of Public Notice Required by Owners or Licensees

Within 30 days from the effective date of this chapter, the owner of any ATM, or licensee

having control over an ATM, located out of doors within the City of Vista shall post a permanent notice upon or within five feet of any such ATM, in such manner and location as to be plainly visible to the public. The contents of the public notice shall be a form substantially as the following:

LOITERING PROHIBITED

Loitering for any unlawful or criminal purpose, or conducting any itinerant or sidewalk

business, within a distance of 30 feet from this ATM location is unlawful and prohibited by Section 9. 30. 050 of the Vista Municipal Code. Any person suspected or believed to be in violation of this regulation is subject to being stopped by any law enforcement officer and questioned to determine whether such person is or may be in violation of the regulation. The public is encouraged to notify a law enforcement officer of any person suspected to be in violation of this regulation. The first line of the above notice shall be capitalized, in bold print or lettering, with each letter to be not less than two inches in height. The requirements of this section shall be subject to enforcement by means of a petition for judicial injunctive relief, upon authorization of the City Council. Ord. No. 94- 21, Enacted, 09/ 13/ 94)

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Section 9. 30. 070 Law Enforcement Standards

The prohibitions of Section 9. 30. 040. A are not intended to infringe upon the liberty or

other constitutional rights of any individual, or to interfere in any way with the conduct of lawful business. The activities listed below may constitute a basis for reasonable suspicion under which a law enforcement officer, exercising judgment based on training and experience, may stop and interrogate a person to determine if there is probable cause to believe that person may be in violation of Section 9. 30. 040. A: 1. A person lingers within 30 feet of an ATM without apparent legitimate purpose: a. For more than two minutes when others are using the ATM; or b. For more than three minutes when there is no other person using the ATM. 2. A person does not linger, but returns repeatedly to within 30 feet of an ATM without apparent legitimate purpose. 3. A person expresses a criminal or unlawful purpose by any words, actions or symbols. 4. Any other conduct, activity, or other basis upon which a law enforcement officer, using experience and training, may form a reasonable suspicion that a person may be in violation of the section. Ord. No. 94- 21, Enacted, 09/ 13/ 94)

Section 9. 30. 080 Severability

If any section, subsection, sentence, clause, phrase, or word of this chapter be for any

reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this chapter, or any part hereof the City Council hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity or ineffectiveness of any one or more to its sections, sentences, clauses, phrase, or word. Ord. No. 94- 21, Enacted, 09/ 13/ 94)

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Chapter 9. 32

Civil Liability and Liability for Law Enforcement/ Response
Services at Parties, Gatherings and Events; Consumption of
Alcohol, Cannabis, or Other Controlled Substances by Minors
at Parties, Gatherings, or Events

Sections:

9. 32. 010 Purpose and Intent
10. 32. 020 Definitions
11. 32. 030 Prohibition
12. 32. 040 Penalties
13. 32. 050 Civil Liability and Cost Recovery
14. 32. 060 Reservation of Legal Options

Section 9. 32. 010 Purpose and Intent

A. The City Council finds and determines that Minors often consume alcoholic

beverages, cannabis, or other controlled substances at parties, gatherings or events held at private residences or at rented residential and commercial premises that are under the control of a person who knows or should know of the illegal conduct and fails to stop it. B. The City Council further finds and determines that persons are more likely to properly supervise or stop the unlawful consumption of alcohol, cannabis, or other controlled substances by Minors at such parties, gatherings or events on property under their control if they are held responsible for abetting, allowing or tolerating such conduct. C. Law enforcement responses to disturbances involving Minors' consumption of alcoholic beverages, cannabis, and/or other controlled substances at private parties frequently require the use of valuable law enforcement resources, limiting law enforcement's ability to respond to other service calls in the community. D. It is the purpose of this chapter to provide for criminal and civil liability, including reimbursement to the City of the actual cost of enforcement/response services described in this chapter, on persons who control the property on which such parties, gatherings or events occur and fail to properly supervise or stop Minors from unlawfully consuming alcohol, cannabis, or other controlled substances. Ord. No. 2003- 26, Enacted, 10/ 28/ 03; Ord. No. 2019- 10, Amended, 08/ 13/ 19)

Section 9. 32. 020 Definitions

The words and phrases used in this chapter have the meanings set forth in this section. Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever

source or by whatever process produced. Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and contains one- half of one percent or more of alcohol by volume and which is fit for beverage purposes either one or when diluted, mixed, or combined with other substances. Cannabis" shall mean, except as specified herein, all parts of the Cannabis sativa Iinnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Control" shall mean any form of dominion including ownership, tenancy, or other

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possessory right. Controlled substances" shall include all narcotics or drugs, the possession of which is illegal under the laws of the federal Controlled Substances Act and the State of California as defined under the Penal Code, Health and Safety Code and related statutes. Enforcement/ Response Services" include all enforcement and other response services provided by law enforcement, fire department, and/or City personnel for responding to, or in remaining at, a party, gathering or event where alcohol, cannabis, or other controlled substances are being unlawfully consumed by Minors. Enforcement/ Response Services Costs" include the salaries and benefits of law enforcement, fire department, and/ or City personnel for the amount of time spent in responding to, or in remaining at, the party, gathering or event, and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured law enforcement personnel, fire department personnel, and/or City personnel; the cost of repairing any damaged City equipment or property; and the cost arising from the use of any damaged equipment in responding to or remaining at the party, gathering or event. Marijuana" shall have the same meaning as " Cannabis." Minor" means any person under 21 years of age, except where otherwise provided herein.

or event" Party, gathering, means a group of persons who have assembled or are

assembling for a social occasion or social activity. Parent or Guardian" means a person who is a natural parent, adoptive parent, foster parent, step parent, or a legal guardian appointed by a court order, of a Minor. Social Host" refers to persons who ( 1) allow or permit a party, gathering, or event where alcohol, cannabis, or other controlled substances are unlawfully consumed by Minors on property the person( s) own, rent, lease or otherwise control; ( 2) are in charge of the premises where the event takes place; or ( 3) organize the party, gathering, or event. Ord. No. 2003- 26, Enacted, 10/ 28/ 03; Ord. No. 2019- 10, Amended, 08/ 13/ 19)

Section 9. 32. 030 Prohibition

A. Except as permitted by Article 1, Section 4, of the California Constitution, no Social Host shall permit, allow, or host a party, gathering, or event where three or more persons are present and where he or she knows or should reasonably know alcoholic beverages, cannabis, and or other controlled substances are being unlawfully consumed by any Minor. B. It is the duty of any Social Host to take all reasonable steps to prevent the consumption of alcoholic beverages, cannabis or other controlled substances by any Minor at the party, gathering or event, except as legally prescribed. Reasonable steps include, but are not limited to: 1. Controlling access by Minors to alcoholic beverages, cannabis or other controlled substances at the gathering; 2. Verifying the age of persons attending the gathering by inspecting drivers' licenses or other government- issued identification cards to ensure that Minors do not consume alcoholic beverages, cannabis, or other controlled substances at the gathering; and, 3. Supervising the activities of Minors at the gathering. C. This Section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a Minor and the Minor' s parent or legal guardian, as permitted by Article I, Section 4, of the California Constitution. Ord. No. 2003- 26, Enacted, 10/ 28/ 03; Ord. No. 2019- 10, Amended, 08/ 13/ 19)

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Section 9. 32. 040 Penalties

A. Except as otherwise provided in Subsection B of this section, any person

violating Section 9.32.030 is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $ 1, 000 and/ or imprisonment of not more than six months. B. Notwithstanding any provision to the contrary, the City Attorney shall have the discretion to reduce to an infraction any act made unlawful pursuant to Subsection A to this section, or to substitute administrative citation remedies pursuant to Chapter 1. 13, if the City Attorney determines such a reduction is warranted in the interest of justice. The factors the City Attorney shall consider in determining whether to reduce the charge to an infraction or substitute administrative remedies shall include, but not be limited to, the following: 1. The number of individuals attending the party, gathering or event; 2. The number of Minors attending the party, gathering or event; and 3. The source of the alcoholic beverages, cannabis, or other controlled

substances.

Ord. No. 2003- 26, Enacted, 10/ 28/ 03; Ord. No. 2019- 10, Amended, 08/ 13/ 19)

Section 9. 32. 050 Civil Liability and Cost Recovery

A. Pursuant to California Civil Code section 1714. 1, any act of willful misconduct of a Minor under the age of 18 that results in injury or death to another person or in injury to the property of another shall be imputed to the parent or guardian having custody and control of the Minor for all purposes of civil damages, and the parent or guardian having custody and control may be jointly and severally liable with the Minor for any damages resulting from the willful misconduct. B. Under this chapter, a Social Host may be liable for injuries sustained by third parties, including persons providing Enforcement/ Response Services, as a result of the Minor guest' s negligence. C. Under this chapter, a Social Host shall be liable for all Enforcement/ Response Services costs. If a Social Host is a Minor under the age of 18, the costs shall be deemed owed parent( s) or guardian( s). All Enforcement/ Response Services costs shall beto the City by their deemed a debt owed to the City and recoverable in a civil action, including reasonable attorney fees and costs. Ord. No. 2003- 26, Enacted, 10/ 28/ 03; Ord. No. 2019- 10, Amended, 08/ 13/ 19)

Section 9. 32. 060 Reservation of Legal Options

A. The City does not waive its right to seek reimbursement for

Enforcement/ Response Services costs through other legal remedies or procedures, including criminal restitution, nor shall anything in this chapter limit the City of Vista' s or the People of the State of California' s ability to initiate and prosecute any criminal offense arising out of the same circumstances. B. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the authority of law enforcement officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter. Ord. No. 2003- 26, Enacted, 10/ 28/ 03; Ord. No. 2019- 10, Amended, 08/ 13/ 19)

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Chapter 9. 34

Daytime Curfew

Sections:

9. 34. 010 Definitions
10. 34. 020 Daytime Loitering of Juveniles in Public Places on School Days
11. 34. 030 Responsibility
12. 34. 040 Enforcement Procedures
13. 34. 050 Penalties

Section 9. 34. 010 Definitions

For purposes of this chapter, the following terms are defined as follows: A. " Juvenile" means any person under 18 years of age. B. " Adult" means any person 21 years of age and older. C. " Parent" means a person who is the natural or adoptive parent of a person. Parent" includes a court appointed guardian or other person 18 years of age or older, authorized by the parent, by a court order, or by a court appointed guardian to have the care and custody of the person. D. " Emergency" includes, but is not limited to, fire, natural disaster, automobile accident, or requirement for immediate medical care for another person. E. " Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, office buildings, transport facilities, shopping centers, and malls. F. " Establishment" means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. Ord. No. 2008- 30, Enacted, 12/ 9/ 08)

Section 9. 34. 020 Daytime Loitering of Juveniles in Public Places on School Days

A. It is unlawful for any juvenile who is subject to compulsory education or to

compulsory continuation education to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots or any unsupervised place between the hours of 8: 30 a. m. and 1: 30 p. m. on any day when school is in session for that juvenile. B. It is a defense to prosecution under Subsection A: 1. When the juvenile is accompanied by his or her parent or other adult having the care or custody of the juvenile. 2. When the juvenile is on an emergency errand directed by his or her parent or other adult having care or custody of the juvenile. 3. When the juvenile is going to, or coming directly from, his or her place of school- approved employment. 4. When the juvenile is going to, or coming directly from, a medical appointment. 5. When the juvenile has permission to leave the school campus for lunch and has in his or her possession a valid, school- issued, off- campus permit. 6. When the juvenile is going to, or coming from a compulsory alternative education program activity.

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7. When the juvenile is attending or, without any detour or stop, going to or

returning from an official school, religious, government- sponsored activity, or other recreational activity supervised by adults. 8. When the juvenile is attending or, without detour or stop, going to or returning from an event or activity directly related to the medical condition of a parent. 9. When the juvenile is officially enrolled in home schooling. 10. When the minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any other applicable state or federal law. 11. When the juvenile has passed a general educational development test and received a California high school equivalency certificate. Ord. No. 2008- 30, Enacted, 12/ 9/ 08)

Section 9. 34. 030 Responsibility

It is unlawful for the parent of any juvenile to knowingly permit or, by insufficient control,

to allow the juvenile to be in violation of Section 9. 34. 020. A. Ord. No. 2008- 30, Enacted, 12/ 9/ 08)

Section 9. 34. 040 Enforcement Procedures

A. Upon any violation of Section 9. 34. 020. A, a peace officer may issue a citation to

the juvenile and may detain the juvenile until he or she can be placed in the care and custody of his or her parent or may transport the juvenile to his or her home or to the school from which the juvenile is absent. If cited, the juvenile and a parent shall appear in court as directed in the citation. The parents shall be advised of the fact that the juvenile was cited for a violation of Vista Municipal Code Section 9. 34. 020. A. The parents shall be warned of their responsibility and liability as the juvenile's parents. B. If a parent has been previously warned as set forth in Subsection A, upon a parent's first violation of Section 9.34.030, a peace officer may issue a citation for an infraction to the parent to appear in court. C. When a parent has previously been issued a citation for an infraction as set forth in Subsection B, upon any subsequent violation by a parent of Section 9. 34. 030, a peace officer may issue a citation for a misdemeanor to the parents of the juvenile to appear in court. Ord. No. 2008- 30, Enacted, 12/ 9/ 08)

Section 9. 34. 050 Penalties

A. Any person convicted of an infraction for violation of Sections 9. 34.020. A or 9. 34. 030 may be punished by a fine not exceeding $ 250 or by a requirement to perform county, city, or school- approved work projects or community service or both. If required to perform a project, the total time for performance shall not exceed 20 hours over a period not to exceed 60 days, during times other than a juvenile' s hours of school attendance or a juvenile or parent's hours of employment. B. Any parent convicted of a misdemeanor violation of Section 9. 34. 030 may be punished by imprisonment in the County Jail for a period of time not exceeding six months, or by a fine not exceeding $ 1, 000 or by both. Ord. No. 2008- 30, Enacted, 12/ 9/ 08)

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Chapter 9. 36

Spectators Prohibited at Illegal Speed Contests or Exhibitions of Speed

Sections:

9. 36. 010 Purpose
10. 36. 020 Definitions
11. 36. 030 Spectator at Illegal Speed Contest or Exhibition of Speed - Violation
12. 36. 040 Relevant Circumstances to Prove a Violation
13. 36. 050 Admissibility of Prior Acts

Section 9. 36. 010 Purpose

The City Council for the City of Vista 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 commonly known as street races or drag races. Streets within the county of San Diego have been the site of continuing and escalating illegal street racing over the past several years. Such 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 to enjoy the use of their property. Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. Traffic accidents, property crimes, and calls for police service have increased dramatically where these illegal activities occur. In most cases, illegal street races attract hundreds of spectators. The mere presence of spectators at these events fuels the illegal street racing and creates an environment in which these activities can flourish. Specifically, racers and spectators gather late at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding and abetting the racing process. This chapter makes evidence of specified prior acts admissible to show the propensity of the defendant to be present at or attend illegal street races, if the prior act or acts occurred within three years of the presently charged offense. This chapter is adopted to prohibit spectators at illegal street races with the aim of significantly curbing this criminal activity. The chapter targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged. Ord. No. 2003- 22, Enacted, 09/ 09/ 03)

Section 9. 36. 020 Definitions

The words and phrases used in this chapter shall have the same meaning as defined by or given in the law, except as otherwise defined in this section. Illegal motor vehicle speed contest" or " illegal exhibition of speed" means any speed contest or exhibition of speed which is commonly known as drag racing and referred to in California Vehicle Code Sections 23109( a) and 23109( c). Preparations for the illegal motor vehicle speed contest or exhibition of speed" include, but are not limited to, situations in which: ( 1) a group of motor vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the event; ( 2) a group of individuals has lined one or both sides of a public street or highway for the purpose

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of participating in or being a spectator at the event; ( 3) a group of individuals has gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event; ( 4) one or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event; ( 5) two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed; ( 6) one or more drivers is revving his engine or spinning his tires in preparation for the event; ( 7) an individual is stationed at or new one or more motor vehicles serving as a race starter. Spectator" means any individual who is present at an illegal motor vehicle speed contest or exhibition of speed, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. Spectator includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means. Ord. No. 2003- 22, Enacted, 09/ 09/ 03)

Section 9. 36. 030 Spectator at Illegal Speed Contest or Exhibition of Speed - Violation A. Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor. B. Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor. C. An individual is present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within 200 feet of the location of the event, or within 200 feet of the location where preparations are being made for the event. D. Exemption: Nothing in this section prohibits law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties. Ord. No. 2003- 22, Enacted, 09/ 09/ 03)

Section 9. 36. 040 Relevant Circumstances to Prove a Violation

Notwithstanding any other provision of law, to prove a violation of Section 9. 36. 030,

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 drove or was transported to the scene. G. That the individual charged has previously participated in an illegal motor vehicle speed contest or exhibition of speed. H. That the individual charged has previously aided and abetted an illegal motor vehicle speed contest or exhibition of speed. I. That the individual charged has previously attended an illegal motor vehicle speed contest or exhibition of speed.

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J. That the individual charged previously was present where preparations were being made for an illegal motor vehicle speed contest or exhibition of speed or where an illegal motor vehicle speed contest or exhibition of speed was in progress. Ord. No. 2003- 22, Enacted, 09/ 09/ 03)

Section 9. 36. 050 Admissibility of Prior Acts

The list set forth in Section 9. 36. 040 is not exclusive. Evidence of prior acts may be

admissible to show the propensity of the defendant to be present at or attend an illegal motor vehicle speed contest or exhibition of speed, if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a speed contest or exhibition of speed was taking place at the time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Vista. Ord. No. 2003- 22, Enacted, 09/ 09/ 03)

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Chapter 9. 40

Crime Free Multifamily Housing

Sections:

Section 9. 40. 010 Purpose Section 9. 40. 020 Definitions Section 9. 40. 030 Noncompliant Multifamily Developments; Issuance and Delivery of Finding of Noncompliance Section 9. 40. 040 Application for CFM Certification; Issuance Section 9. 40. 050 Operational Requirements Imposed on All Noncompliant Multifamily Developments Section 9. 40. 060 Schedules of Required Actions; Modifying Deadlines. Section 9. 40. 070 Finding of Compliance Section 9. 40. 080 Appeals Section 9. 40. 090 Transfers of Noncompliant Multifamily Developments. Section 9. 40. 100 Program Fees; Fee Waivers Section 9. 40. 110 Enforcement; Remedies Section 9. 40. 120 Commencement and Sunset Dates for Chapter( Deleted)

Section 9. 40. 010 Findings; Purpose

A. The City Council finds that a multifamily development which repeatedly reaches or exceeds its threshold for service calls to the Sheriff qualifies as a noncompliant multifamily development under this Chapter and constitutes a public nuisance. In those instances the public health, safety and welfare require the City to work with the property owner and property manager of the multifamily development so that the nuisance conditions associated with the multifamily development can be eliminated and damage to the public health, safety and welfare can be abated. These actions should help control crime, contain blight, avoid reductions in property values, curb negative impacts on economic activity, preserve a desirable quality of life within Vista, and control long- term enforcement costs that would otherwise be imposed by the City. B. In an effort to abate or reduce these nuisance conditions, the City Council intends to establish a program by which noncompliant multifamily developments are required to adopt practices and take actions to reduce or eliminate nuisance conditions and to improve the public health, safety and welfare. As part of this program, the owner or manager of a noncompliant multifamily development will be required to participate in a program to secure a crime free multifamily certification, and to take the steps required to obtain a finding of compliance in accordance with this Chapter. C. The City Council intends to implement this Chapter in a manner which allows the owner of a noncompliant multifamily development to continue uninterrupted rental operations provided that the owner is making substantial progress toward obtaining a crime free multifamily certification. D. The City Council also intends that the program operate in a manner to regulate the number of noncompliant multifamily developments which enter the program in a given six-month period, thereby facilitating a manageable and well- operated program. To advance this aim, the City Council intends that priority shall be given to those multifamily developments which appear to be most damaging to the Vista community as determined by the compliance officer. Ord. No. 2016- 9, Enacted, 8/ 9/ 16)

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Section 9. 40. 020 Definitions

The following terms, when used in this Chapter, shall have the meanings set forth below:

Actions which are not subject to appeal" means: ( 1) the issuance of an administrative citation, which may be appealed as provided in Chapter 1. 13; ( 2) any administrative action to declare a multifamily development or a condition associated with that development a public nuisance pursuant to Chapter 8. 36, which may be reviewed as provided in that Chapter; ( 3) any civil action filed in a California or Federal court, including any administrative tribunal, which shall be heard or reviewed using the procedures particular to that court or tribunal; ( 4) any citation or complaint for an infraction or misdemeanor under the Vista Municipal Code, the Vista Development Code, or other law which shall be reviewed or adjudicated as otherwise provided by applicable law; or ( 5) the issuance of a courtesy notice pursuant to Section 9. 030.A. Administrative citation" means an administrative citation issued pursuant to Chapter

1. 13 with respect to the operations of, or physical conditions of, a multifamily development. Available unit" means: ( 1) a unit which is vacant, uninhabited, or unoccupied; ( 2) a unit

on a month- to- month tenancy when it rolls over; and ( 3) a unit which had been or is under a term lease upon expiration or extension of that term ( including conversion of the lease to a month- to- month tenancy). CFM certification program" means the City- administered program established by this Chapter under which a noncompliant multifamily development takes actions based on a schedule of required actions with the aim of obtaining a finding of compliance. CFM tenant meeting" means a periodic meeting held at the noncompliant multifamily development to address the roll- out of the CFM certification program and its implementation with respect to the noncompliant multifamily development and which is to be attended by tenants, managers, the owner of the noncompliant multifamily development, as well as representatives of the Sheriff and the City. CFM tenant meeting rules and guidelines" means written rules and guidelines prepared by the City Manager or designee which establish requirements for noticing, advertising, and conducting CFM tenant meetings. Crime free multifamily certification" or " CFM certification" means a certificate, issued by the compliance officer to a noncompliant multifamily development pursuant to Section 9. 40. 040, after all certification actions for that development have been achieved and all notices of violation have been corrected. Compliance officer" means any person or persons designated by the City Manager to assume the responsibilities assigned to a compliance officer pursuant to this Chapter. Deliver" means providing a copy of a document to a property owner or manager through means: (one of the following 1) by actual personal delivery of the document to the property owner and/ or property manager; ( 2) by posting the document on the premises of the multifamily development, in a conspicuous location, addressed to the property owner and/ or property manager; ( 3) by sending the document by email to the property owner or manager, provided its receipt is actually acknowledged; or ( 4) by mailing the document to the property owner at: ( i) the address of the multifamily development; ( ii) the owner' s address contained in the last equalized assessment roll; or ( iii) the address listed on the most recent business license for the multifamily development on file with the City. Any delivery by mail shall be made by either first class mail postage prepaid), or alternatively, by registered or certified mail, return receipt requested. Delivery date" means the earliest of the following for a document delivered by the City of Vista: ( 1) the date the document is personally handed or delivered to that property owner or property manager, as applicable; ( 2) the date on which the document is posted on the multifamily development in a conspicuous place; ( 3) the date on which the document is deposited into the United States postal service for delivery by first class mail ( postage prepaid) or by registered or

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certified mail, return receipt requested for delivery to the property owner or property manager, as applicable; or ( 4) the date the property owner or manager acknowledges receipt of a document delivered by email or other means. Determination" means any action or decision taken pursuant to this Chapter, except for actions which are not subject to appeal. Disputed determination" means any determination which has been timely appealed pursuant to Section 9.40. 080 and which is not final under this Chapter. Excluded Call" means a call to the Sheriff' s Department which, pursuant to written rules adopted by the City Manager: ( 1) is not indicative of criminal or nuisance activity tied to a multifamily development; and ( 2) is therefore not treated as a service call with respect to the multifamily development for purposes of this Chapter. File" means the date on which a document: ( 1) is personally delivered to the City Clerk, as reflected by the stamp of the City Clerk or; ( 2) the date of the United States postmark on a document mailed and actually received by the City Clerk. Finding of compliance" means a written finding issued by a compliance officer pursuant to Section 9. 40. 070 after a noncompliant multifamily development has: ( 1) accomplished all required actions; ( 2) received a CFM certification; and ( 3) operated with acceptable levels of service calls for a 48- month period in accordance with paragraph A of Section 9. 40. 070. Finding of noncompliance" means a written finding, issued in accordance with Section 9. 40. 030 determining that a multifamily development is a noncompliant multifamily development which must participate in the program established by this Chapter until it has received a finding of compliance pursuant to Section 9.40. 070. First- step appeal determination" means a determination made by a hearing officer upon completion of a first- step appeal procedure pursuant to Section 9. 40. 080. Hearing officer" means a City employee or other person who reviews, administers and issues a decision with respect to the one- step appeal procedure or the two- step appeal procedure, as applicable, who has been assigned or appointed to that position by the City Manager. Initial determination" means a determination made by a compliance officer upon completion of a first-step appeal. Lease" means any action by which a unit or a bed within a multifamily development is leased, rented or otherwise made available for consideration of any sort to a person pursuant to an oral, written or other arrangement executed, approved or accepted by a property owner or property manager. The term " Lease" also includes any action by a property owner or property manager to provide a person with occupancy rights to a unit ( or a bed or bedroom within a multifamily development), if the property owner or property manager receives grant funds or payments from third parties to defray the cost of providing housing to serve a targeted population which includes such person ( such as the homeless, paroles, etc.). Multifamily development" means any apartment, boarding house, transitional housing, supportive housing, rental mobilehome park, or condominium development ( under a single ownership) which has at least ten units, inclusive of any unit occupied by an on- site manager. The term multifamily development excludes: ( 1) group homes for the developmentally disabled; and ( 2) residential uses licensed or regulated by state or federal law to the extent those licenses or regulations preempt application of this Chapter. Noncompliant multifamily development" means any multifamily development which:

1. has been issued a final finding of noncompliance pursuant to Section 9.40. 030; and ( 2) has not received a finding of compliance pursuant to Section 9. 40. 070. Program Fee" means a fee, if any, set by resolution of the City Council pursuant to Section 9. 40. 100 which is charged to the property owner of a noncompliant multifamily development and used to defray all or part of the costs of administering the CFM multifamily program with respect to noncompliant multifamily developments.

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Property manager" means any person who or entity which: ( 1) is identified as a manager for a multifamily development; ( 2) executes leases for units in the multifamily development; ( 3) is authorized to terminate leases within the multifamily development; or 4) executes the functions, on behalf of a property owner, which are ordinarily performed by an property manager. When the property manager is an entity, the term " property manager" also includes the person or persons which the entity has selected, hired or employed to discharge the functions of a property manager on behalf of the entity. Property owner" means a person, trust, corporation, partnership or other entity which owns at least a fifty percent ( 50%) interest in a multifamily development, whether such ownership is direct or indirect. When a property owner is an entity, the term " property owner" also includes the person who serves as the most senior executive officer for the entity. Required action" means each action listed in a schedule of required actions ( including those added to the schedule of required actions pursuant to a safety and compliance report prepared pursuant to Section 9.40. 050. E). Required action deadline" means the deadline for accomplishing each required action as set forth in the schedule of required actions or the safety and compliance report, subject to possible extension pursuant to Section 9. 40. 060. Review period" means any six- month period from January 1 through June 30 or July 1 through December 31, which begins on or after January 1, 2015. and compliance report" means the report listing required actions and setting Safety forth required action deadlines which is prepared pursuant to paragraph E of Section 9.40. 050. Schedule of required actions" means a schedule, initially prepared by the compliance officer pursuant to section 9. 040.030, listing the required actions ( inclusive of required action deadlines) for a noncompliant multifamily development and which may be augmented or modified by the safety and compliance report pursuant to Section 9.40. 050. E, or as provided in Section 9. 40. 060. Service call" means a call to the Sheriff' s Department, not including an excluded call, to report suspicious or criminal activity, or to request assistance, where the address for the multifamily development is used as the address for the incident based on the contents of a computer aided dispatch ( CAD) record or similar report. Service call threshold" means a whole or fractional number for a multifamily development which equals 25% of the units within the development. Substantial progress towards obtaining a CFM certification" means progress with respect to a noncompliant multifamily development, measured as of a date, consisting of:

1. satisfactorily completing all required actions to be completed prior to such date; and ( 2) all remedial actions required by a final administrative citation to be completed prior to such date. Unit" means a dwelling unit, apartment unit, condominium unit, or mobilehome pad ( with

or without a mobilehome on it). Ord. No. 2016- 9, Enacted, 8/ 9/ 16)

Section 9. 40. 030 Noncompliant Multifamily Developments; Issuance and Delivery of Finding of Noncompliance

A. Issuance. A compliance officer may issue a finding of noncompliance for a

multifamily development when the officer, based on an initial review, determines that the service calls attributable to the multifamily development have equaled or exceeded the service call threshold for the development during at least two six-month review periods occurring within an 18- month period. The compliance officer shall also endeavor to provide a courtesy notice to each multifamily development which has exceeded its service call threshold for a review period, but has not received a finding of noncompliance. The courtesy notice will advise the recipient that an additional exceedance of the service call threshold could result in the issuance of a finding of

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noncompliance, and obligate the multifamily development to participate in the CFM certification program. B. Contents of Finding of Noncompliance. The finding of noncompliance shall include:

1. the address of the multifamily development; ( 2) a statement advising the property owner or property manager that the multifamily development has been determined to be a noncompliant multifamily development; ( 3) a brief statement of the facts and reasons supporting that determination; ( 4) a schedule of required actions ( which may be augmented or modified in accordance with paragraph ( E) of Section 9.40. 050) and Section 9. 40. 060) setting forth each required action and each associated required action deadline; ( 5) a statement that the property owner or property manager receiving the finding of noncompliance is legally obligated to submit an application for a crime free multifamily certificate; ( 6) a form of application; and ( 7) a notice regarding appeal rights. A copy of Chapter 9.40 of the Vista Municipal Code and the CFM tenant meeting rules and guidelines shall be included with the finding of noncompliance. C. Delivery. The compliance officer shall effect delivery of the finding of noncompliance to property owner, and may effect delivery of it to the property manager if the compliance officer chooses. Ord. No. 2016- 9, Enacted, 8/ 9/ 16)

Section 9. 40. 040 Application for CFM Certification; Issuance

A. Obligation to Submit Application. Each property owner and/ or property manager receiving a finding of noncompliance is legally obligated to submit to the City Clerk an application for CFM certification, even if the property owner intends to appeal that determination. Such application shall be filed no later than 7 city business days following delivery of the finding of noncompliance. B. Content of Application. The application shall be on a form provided by the City, and shall include the location of the property; the name, address and telephone of the owner; the name, address and 24- hour telephone number(s) of the manager or custodian of the property; the owner's agent for service of process; and such other information as may be required by the City. C. Issuance of CFM certification. The compliance officer, with the consent of the Sheriff, shall issue a CFM certification for a noncompliant multifamily development within 14 city business days of the date on which the following have occurred: ( 1) each required action for that development has been accomplished ( inclusive of all remedial actions required by a safety and compliance report prepared pursuant to Section 9. 40. 050. E); and ( 2) each remedial action required by an administrative citation has been completed. Ord. No. 2016- 9, Enacted, 8/ 9/ 16)

Section 9. 40. 050 Operational Requirements Imposed on All Noncompliant Multifamily Developments

Until a finding of compliance is issued for a noncompliant multifamily development, the

following rules, prohibitions and obligations must be followed, observed, satisfied, and discharged with respect to each noncompliant multifamily development, and by each property owner or property manager associated with that noncompliant multifamily development. A. Limitation on Rental of Units. No available unit shall be leased, nor shall any bed or bedroom be leased, unless: ( 1) a crime free lease addendum has been executed by all adult tenants who will reside in the unit or bedroom; ( 2) the property owner or property manager has completed actions required pursuant to a schedule of required actions except for those with deadlines on or after the date of the lease action; ; and ( 3) the property owner or property manager

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has completed all remedial actions required pursuant to a final administrative citation except for actions with deadlines occurring on or after the date of the lease action. B. Form of Crime Free Lease Addendum. Each crime- free lease addendum shall be in the following form, with only those changes approved in writing by the City Manager or designee:

CRIME- FREE LEASE ADDENDUM

In addition to all other terms of the lease, Landlord and Tenant agree as follows: The Tenant, any member of the Tenant' s household, any guest or any other person associated with the Tenant on the leased premises: 1) Shall not engage in any nuisance activity as defined in Civil Code sections 3479 and 3480, any criminal activity, including drug- related criminal activity, on the leased premises. " Drug related criminal activity" means the illegal manufacture, sale, distribution, use, or possession of any illegal or controlled substance as defined in 21 U. S. C. 802. 2) Shall not engage in any act intended to facilitate nuisance or criminal activity. 3) Shall not allow the dwelling unit to be used for or to facilitate any nuisance or criminal activity. The Tenant, any member of the Tenant's household, any guests or any other person associated with the Tenant shall not violate any civil law, ordinance or statute in the use and occupancy of the premises, commit waste or nuisance, annoy, molest or interfere with any other person on the property. ANY ACTIVITY PROHIBITED BY THIS AGREEMENT SHALL CONSTITUTE A SUBSTANTIAL VIOLATION OF THE LEASE, MATERIAL NONCOMPLIANCE WITH THE LEASE, AND GROUNDS FOR TERMINATION OF TENANCY AND EVICTION.

C. Occupancy of Units in Violation of Crime Free Lease Addendum Prohibited. An

adult tenant, following the effective date of this ordinance, shall not move into a unit, bedroom, or bed without first executing a crime free lease addendum. No lease occupancy of a unit shall be permitted which would violate the terms of an executed crime free lease addendum. D. Lease Addendum Tracking Sheet. Within 30 calendar days of the date on which a finding of noncompliance becomes final, and every February 1 and August 1 thereafter, a lease addendum tracking sheet shall be delivered to the compliance officer consisting of: ( 1) a listing of each unit in the multifamily development; ( 2) whether the unit is occupied; ( 3) whether a current and effective lease addendum has been executed for that unit; and (4) for each unit without a fully executed lease addendum; ( a) an indication whether or not, in the prior six- month review period, the lease for that unit either expired or rolled over; and ( b) the next date on which the lease for that unit is set to expire or rollover. The preceding information shall be submitted using a form created by the City, or if no such form exists, using a form prepared by the property owner or property manager. Until a finding of compliance has been issued, a copy of each effective lease addendum shall be maintained by the property owner and shall be available for inspection by the City upon 48 hours advance notice, but not more often than on three occasions during any three month period. E. Safety and Compliance Report; Associated Inspections. With at least 48 hours advance notice, the property owner and property manager shall permit the Sheriff Department and the City to complete a safety and code compliance inspection of all common areas within the noncompliant multifamily development. Following the inspection, the compliance officer ( with

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input of the Sheriff) will produce a safety and compliance report that identifies: ( 1) code violations present at the noncompliant multifamily development which require correction or remediation; 2) other physical changes, modifications, or improvements to the property needed or useful in creating an environment designed to reasonably minimize the opportunity for crime; ( 3) changes in the operations of the noncompliant multifamily development which will minimize the opportunity for crime, and ( 4) the deadline for completing or accomplishing each of those changes, corrections, modifications or improvements. Following issuance of the safety and compliance report: ( 1) each action, change or modification identified in that report shall constitute a required action under the schedule of required actions; and ( 2) each associated deadline shall constitute a required action deadline for purposes of the schedule of required actions. F. Completing Required and Remedial Actions by Deadlines. Each required action must be accomplished by its required action deadline; and ( 2) each remedial or corrective action required by a final administrative citation must be completed by the compliance deadline set by the citation. G. Inspections to Verify Satisfaction of Required or Remedial Actions. Upon 48 hours advance notice, the compliance officer shall be permitted to inspect those portions of the multifamily development which the officer must reasonably view to confirm that all remedial actions required by paragraph F, have been timely accomplished. H. Signage. If the property owner does not reside on the premises of any multifamily development, a notice stating the name and address of the owner, or the name and address of his agent in charge of the multifamily development, shall be posted in a conspicuous place on the premises. I. Seminar. By the deadlines set in the schedule of required actions, all persons administering, managing or controlling the operation of any noncompliant multifamily development must: ( 1) attend and complete a crime free housing seminar, administered by the Sheriffs Department or other provider selected by the City; and ( 2) repeat that training at least once every two years thereafter. J. CFM Tenant Meeting. An initial CFM tenant meeting satisfying the CFM tenant meeting rules and guidelines shall take place by the date set forth in the schedule of required actions. In accordance with the schedule of required actions, a draft plan to promote the meeting shall be prepared by the property owner and property manager, submitted to the compliance officer for comment, revised, and then implemented to promote the meeting. At minimum, the plan shall provide that written notice of the meeting shall be delivered to each unit, and that attendees at the meeting shall include the owner or owner's representative, senior managers for the development, and representatives of the Sheriff and City. The management shall create a record of adults attending the meeting ( evidenced by their signatures) which shall list the unit in which each attending adult resides. If fewer than 25% of the units had adult tenants in attendance at the meeting, the compliance officer, in his or her discretion may require the management to advertise and hold a second meeting within 60 days of the initial meeting. Thereafter, CFM tenant meetings shall be conducted annually. K. Non- Retaliation. No action shall be taken to terminate a tenancy, increase the rent for a tenancy, or to threaten punitive action concerning a tenancy based solely on a decision, by a tenant or a tenant' s invitee, to place a telephone call to the sheriff to report a crime or suspicious

activity. L. Payment of Program Fee. The property owner shall cause to be paid, in a timely manner, the full amount of the program fee( s) when due. Ord. No. 2016- 9, Enacted, 8/ 9/ 16)

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Section 9. 40. 060 Schedules of Required Actions; Modifying Deadlines

A. Schedules of Required Actions— Content. A schedule of required actions shall be included with each finding of noncompliance issued by the compliance officer. The schedule shall:

1. list each required action pertaining to a noncompliant multifamily development which must be satisfied or completed as a precondition to the issuance of a CFM certification for that development; and ( 2) a reasonable deadline for accomplishing each of those required actions. The contents of the schedule of required actions shall ( by operation of law) be augmented or modified to: ( 1) to include each new required action or required action deadline contained in a safety and compliance report prepared pursuant to subsection 9. 40. 050. E; and ( 2) modification in a required action deadline approved pursuant to paragraphs B through D of this Section. The compliance officer is encouraged to prepare an updated and consolidated schedule of required actions to reflect these changes, but those changes shall be effective whether or not an updated and consolidated schedule is prepared. B. Requests to Adjust Deadlines. After a finding of noncompliance becomes final, a property owner or property manager may request that the City extend a certification action deadline by submitting an application to extend a required action deadline to the City Clerk. The request must demonstrate: ( 1) good cause for the extension; and ( 2) the property owner or property manager has made substantial progress toward obtaining a CFM certification on behalf of the noncomplying multifamily development. C. Action on Requests to Adjust Deadlines. The compliance officer shall deny, partly grant, fully grant, or conditionally grant the request and set forth his or her determination in writing with a presentation of the facts and reasons for the determination. The resulting deadline adjustment determination shall be delivered to the property owner and/ or property manager. Once a request to extend a deadline has been finally denied, a further request to extend the same deadline may not be processed. D. Modifications by Compliance Officer. A compliance officer, in his or her sole discretion, may unilaterally modify a required action deadline or work constituting a required action, provided that the property owner and/or property manager consents to the modification in writing. Neither an action nor an inaction by the compliance officer under this paragraph is appealable. Modifications proposed by the compliance officer shall be limited to changes which will produce a more practicable implementation of the Chapter without impairing its objectives. Ord. No. 2016- 9, Enacted, 8/ 9/ 16)

Section 9. 40. 070 Finding of Compliance

A. Issuing Finding of Compliance. A compliance officer shall issue a finding of compliance within 14 city business days after the date that both of the following have occurred:

1. a CFM certification has been issued to the noncompliant multifamily development; and ( 2) a period of 48 consecutive months have passed from the issuance of that certification during which the multifamily development has operated without exceeding its service call threshold, unless that exceedance is excused by the City Manager or the City Manager' s designee. The City Manager or designee may excuse an exceedance on up to one occasion during a 24 month span, provided that the property owner or property manager has been provided evidence which clearly and convincingly demonstrates that: ( 1) the exceedance was due to unusual circumstances;
2. neither the property owner nor the property manager were in a position to reasonably avoid the exceedance; and ( 3) the noncompliant multifamily development had been operated in a responsible and diligent manner consistent with all requirements of this Chapter and sound management practices which are encouraged as part of the CFM certification program. B. Effect. When a noncompliant multifamily development has received a finding of

compliance, the multifamily development, shall be released of all obligations, duties and

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limitations imposed by this Chapter until such future time, if at all, that a new finding of noncompliance is issued for that multifamily development. However, all multifamily developments, following completion of the CFM certification program are encouraged to voluntarily continue participating in the crime free multifamily housing program. C. Option for Owner to Request a Finding. A property owner may request that the City issue a finding of compliance for noncompliant multifamily development if more than ten days have passed since all preconditions to issuance of the finding were met. The property owner' s request should set forth all facts and reasons supporting the request. Thereafter, compliance officer shall issue the finding of compliance or explain in writing why a finding of compliance has not been issued. Ord. No. 2016- 9, Enacted, 8/ 9/ 16)

Section 9. 40. 080 Appeals

A. Appealable Determinations. Each determination taken pursuant to this Chapter may be appealed as follows. B. First- Step Appeal Procedure. A property owner or manager may appeal an initial determination under this Chapter by filing a complete appeal with the City Clerk no later than 7 city business days following the delivery date for that initial determination. If a timely and complete appeal is not filed, the initial determination shall become final and non- reviewable. C. Second- Step Appeal Procedure. Upon completing a first-step appeal procedure, a property owner or manager may appeal the resulting first- step appeal determination by filing a complete appeal with the City Clerk no later than 7 city business days following the delivery date for that determination if( and only if) that determination involves one of the following: ( 1) a finding of noncompliance issued pursuant to Section 9. 40. 030. A and C; ( 2) a compliance order issued pursuant to subsection 9. 40. 110. H requiring a property owner to stop leasing available units; or 3) a failure to issue a finding of compliance after receiving a legitimate request pursuant to Section 9.40.070. C. If an appeal of a first-step appeal determination is not available under this paragraph, or if is not filed in a timely and complete manner, the first- step appeal determination shall become final and shall not be subject to further review. D. Complete Appeal Applications. For purposes of this Section, an appeal application

are satisfied: (is incomplete unless all of the following 1) the City-created form is used, or if none

exists, a form prepared by appellant is used; ( 2) the appeal fee is included with the application in resolution; ( 3) the specific determination to be appealed isthe amount set by City Council identified; ( 4) the result sought by appellant on appeal is described; ( 5) all reasons, including legal reasons, for the result being sought are presented; and ( 6) all evidence supporting the desired result are identified. In addition, the appellant should submit with the application ( i) any additional evidence ( not in the record) which the appellant wants the hearing officer to consider; and ( ii) any materials or information that may be necessary to establish a foundation for expert opinions offered or other evidence submitted. E. Rules for Processing Appeals. If a timely and complete appeal if filed in accordance with this Section, the appeal shall be conducted using the following procedures 1. The City Clerk shall provide the compliance officer with the appeal application, including any exhibits. No later than 14 city business days after the appeal application is filed, the compliance officer may submit to the City Clerk additional materials presenting reasons for the disputed determination and additional relevant evidence. 2. If such a submission is received by the City Clerk, a copy shall be made available for review by the appellant at the offices of the City Clerk, and ( at the option of the City Clerk) may be provided by email or other means to the appellant if practicable. After being notified of an additional submission by the compliance officer, the appellant shall have five days in which to file a written response with the City Clerk.

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3 If the hearing officer determines that it might be productive, the hearing officer can invite the appellant and the compliance officer( or the compliance officer' s designee) to participate in an informal meeting to determine if a mutually acceptable resolution of the appeal may be possible. The meeting shall not be used present any new arguments or any new evidence. If the informal meeting achieves a mutually acceptable resolution, the resulting resolution shall be formalized into a stipulated decision on appeal which shall be signed by the appellant, compliance officer, and hearing officer. Thereafter the stipulated decision shall be binding and must be followed by the property owner and manager. 4. If a mutually acceptable resolution is not achieved under the preceding subparagraph, the hearing officer shall consider the case file, all submitted evidence, and all relevant arguments. Based on those submissions ( but not on the discussions occurring during the informal meeting, if any), the hearing officer shall issue a written decision on appeal which presents the evidentiary determinations, reasons and conclusions supporting the decision on appeal. That written decision shall be provided to the City Clerk and the appellant. Thereafter, it shall be binding, final, and non- reviewable. F. Modification of Rules. These procedures described in paragraph E may be supplemented, modified or adjusted to promote fair and efficient hearings by either City Manager or hearing officer with advance written notice to the parties. Ord. No. 2016- 9, Enacted, 8/ 9/ 16)

Section 9. 40. 090 Transfers of Noncompliant Multifamily developments

No property owner shall transfer a noncompliant multifamily development or a multifamily development which has received a finding of noncompliance ( whether or not final) unless the owner first: ( 1) informs the prospective buyer that the multifamily development has been designated a noncompliant multifamily development or has been issued a finding of noncompliance pursuant to this Chapter; ( 2) provides the prospective buyer with the finding of noncompliance schedule of required actions; and ( including the 3) provides the City, with an executed document, in which the prospective buyer: ( a) acknowledges that the multifamily development has been identified by the City as a noncompliant multifamily development pursuant to Chapter 9. 40 of the Vista Municipal Code; and ( b) the multifamily development, upon acquisition, shall continue to retain its classification as a noncompliant multifamily development subject to all terms and obligations this Chapter, including the obligation to take all required actions contained in the schedule of required actions on or before the required action deadline. Ord. No. 2016- 9, Enacted, 8/ 9/ 16)

Section 9. 40. 100 Program Fee; Appeal Fees; Fee Waivers

A. Program Fee. By resolution, the City Council may establish a program fee to be

paid by each noncompliant multifamily development to defray the costs of administering the CFM certification program. The program fee may be set using any lawful method selected by the City Council, including without limitation: ( 1) a fee which varies based according to a sliding scale based on the units within the multifamily development; and ( 2) a fee which is payable by the ownership of a multifamily development, on an annual or other periodic basis, for the time period that the multifamily development participates in the CFM certification program. B. Appeal Fee. By resolution, the City Council may establish an appeal fee to be paid by a property owner seeking to appeal a determination under this Chapter. C. Fee Waivers. If a property owner claims an economic hardship will result from paying a program fee or appeal fee, the property owner may apply for a waiver of the fee on forms provided by the City Clerk for that purpose. The forms shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained

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therein. If the City Clerk determines that a sufficient showing has been made to support the waiver, the City Clerk shall waive the fee. A sufficient showing requires that the owner demonstrate that payment of the fee would pose a serious economic hardship on the property owner. Ord. No. 2016- 9, Enacted, 8/ 9/ 16)

Section 9. 40. 110 Enforcement; Remedies

A. Violations of this Code. A violation of this Chapter occurs any time: ( 1) a requirement of this Chapter is not satisfied or is violated; ( 2) a required action is not achieved by its required action deadline; ( 3) a correction required by a final administrative citation is not accomplished by the deadline set in the citation; ( 4) each required action described in compliance order is not accomplished by the deadline and in the manner required by that compliance order; or ( 5) a person required to obtain a crime- free lease addendum intentionally allows a tenant or other person to occupy a bed or unit within a multifamily development in material violation of the crime-free lease addendum required by this Chapter. B. Separate Violations. Each day a violation is committed or permitted to continue constitutes a separate violation of this Code which is enforceable in accordance with the terms of this Section. C. Remedies Cumulative. Each remedy allowed by this Chapter is a cumulative remedy and is not exclusive of any other remedy available under this Chapter or other legal authority, including any federal, state, or local authority. D. Enforcement by Administrative Penalty. Any violation of this Chapter may be enforced through the issuance of administrative citations in accordance with Chapter 1. 13 of the Vista Municipal Code. E. Nuisance. Any violation of this Chapter is deemed to be a public nuisance enforceable pursuant to Chapter 8. 36 of the Vista Municipal Code. F. Misdemeanor. Any violation of this Chapter is a misdemeanor and may be enforced pursuant to Chapter 1. 16 of the Vista Municipal Code. G. Civil Actions. In addition to any other remedies provided in this Chapter, any violation of this section may be enforced by civil action brought by the City. In any such action, the City may seek, without limitation, and the court shall grant, as appropriate, any or all of the following remedies: 1. Injunctive relief; 2. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; 3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation; 4. Payment or reimbursement of any governmental fines or penalties imposed on the City as a result of the violation. 5. Civil penalties, not to exceed $ 2, 500 per violation for each day during which any violation of any provision of this Chapter is committed, continued, permitted or maintained by such person( s). H. Compliance Order. In addition to or instead of initiating an enforcement action under paragraphs D through G, the City or compliance officer may issue a written compliance order describing any violation( s) of this Code, setting a date or dates for correcting or remedying such violation( s), and specifying ( if appropriate) the means for remedying the violation( s). The issuance of a compliance order shall not prevent the City from concurrently or thereafter taking any enforcement action described in paragraphs D through G, including during any period that an appeal involving the compliance order may be pending under Section 9. 40. 080." Ord. No. 2016- 9, Enacted, 8/ 9/ 16)

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Section 9. 40. 120 Commencement and Sunset Dates for Chapter

Ord. No. 2016- 9, Enacted, 8/ 9/ 16; Ord. No. 2018- 5, Amended, 5/ 8/ 18; Ord. No. 2020- 13, Deleted, 9/ 8/ 20)

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Chapter 10. 04

General Provisions

Sections:

10. 4. 010 Ordinance Adopted
11. 4. 020 Definitions

Section 10. 04. 010 Ordinance Adopted

There is established a traffic ordinance of the city, which is known and may be cited as the

Uniform Traffic Ordinance of the City of Vista." Prior Code Ch. 18 ( part); Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 04. 020 Definitions

The following words and phrases when used in this title and for the purpose of this title have the meanings respectively ascribed to them in this section. Whenever any words or phrases used in this title are not defined, but are defined in the Vehicle Code of the state of California and amendments thereto, such definitions shall apply: Coach" means any motor bus, motor coach, trackless trolley or passenger stage used as a common carrier of passengers. Council" means the City Council. Curb" means the lateral boundary of the roadway, whether such curb be marked by curbing construction, or not so marked; the word " curb" as used in this title does not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights- of-way of public utility companies. Divisional island" means an island located in the roadway and separating opposing or conflicting streams of traffic. Holidays" means all those days upon which the City municipal offices are closed in accordance with the personnel rules of the City adopted pursuant to Section 2.72. 040 of this code. Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. Official time standard" means, when certain hours are named in this title, standard time or daylight saving time as may be in current use in the City. Parking meter" means a mechanical device installed within or upon the curb or sidewalk area, immediately adjacent to a parking space, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle. Parkway" means that portion of a street other than a roadway or sidewalk. Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. Pedestrian" means any person afoot. Police" or " police department" means the Sheriff or Deputy Sheriff of the County of San Diego or the Sheriff's Department of the County of San Diego. Police officer" means every officer of the police department of this City or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. Stop" means a complete cessation of movement. Vehicle Code" means the Vehicle Code of the state of California. Prior Code 18- 1; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 72- 12, Amended, 4/ 10/ 72; Ord. No. 76- 14, Amended, 4/ 26/ 76)

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Chapter 10. 08

Enforcement and Obedience to Traffic Regulations

Sections:

10. 8. 010 Authority of Police and Fire Department Officials
11. 8. 020 Unauthorized Persons Directing Traffic Prohibited
12. 8. 030 Obedience to Officers
13. 8. 040 Regulations Apply to Bicycles or Animals
14. 8. 050 Obstruction or Interference with Officers
15. 8. 060 Public Employees to Obey Traffic Regulations
16. 8. 070 Exemption of Certain Vehicles
17. 8. 080 Report of Damage to Certain Property
18. 8. 090 When Vehicles May be Removed from Streets

Section 10. 08. 010 Authority of Police and Fire Department Officials

Officers of the Police Department and such officers as are assigned by the Police Chief

are authorized to direct all traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department or members of the Fire Department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this title or the Vehicle Code. Prior Code 18- 5; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 08. 020 Unauthorized Persons Directing Traffic Prohibited

No person other than an officer of the Police Department or members of the Fire

Department or a person authorized by the Police Department or a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate, when and as provided in this title, any mechanical pushbutton signal erected by order of the City Traffic Engineer. Prior Code 18- 6; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 08. 030 Obedience to Officers

No person shall fail or refuse to comply with or to perform any act forbidden by any

lawful order, signal or direction of a traffic or police officer, or a member of the Fire Department, or a person authorized by the Sheriff or by law. Prior Code 18- 7; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 08. 040 Regulations Apply to Bicycles or Animals

Every person riding a bicycle or riding or driving an animal upon a highway has all of the

rights and is subject to all of the duties applicable to the driver of a vehicle by this title, except those provisions which by their very nature can have no application. Prior Code 18- 8; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

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Section 10. 08. 050 Obstruction or Interference with Officers

No person shall interfere with or obstruct in any way any police officer or other officer or employee of this City in their enforcement of the provisions of this title. The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this City in connection with the enforcement of parking regulations of this title shall, if done for the purpose of evading the provisions of this title, constitute such interference or obstruction. Prior Code 18- 9; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 08. 060 Public Employees to Obey Traffic Regulations

The provisions of this title apply to the operator of any vehicle owned by or used in the

service of the United States government, this state, any county or city, and it is unlawful for any such operator to violate any of the provisions of this title except as otherwise permitted in this title or by the Vehicle Code. Prior Code 18- 10; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 08. 070 Exemption of Certain Vehicles

A. The provisions of this title regulating the operation, parking and standing of

vehicles do not apply to vehicles operated by the police or Fire Department, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call. B. The exemptions set forth in Subsection A of this section do not, however, relieve the operator of any such vehicle from the obligation to exercise due care for the safety of others or the consequences of his willful disregard of the safety of others. C. The provisions of this title regulating the parking or standing of vehicles does not apply to any vehicle of a City department or public utility while necessarily in use for construction or repair work or any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation or delivery of United States mail. Prior Code 18- 11; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 08. 080 Report of Damage to Certain Property

A. The operator of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including, but not limited to, any fire hydrant, parking meter, lighting post, telephone pole, electric light or power pole, or resulting in damage to any tree, traffic- control device or other property of a like nature located in or along any street, shall within 24 hours after such accident make a written report of such accident to the Police Department of this City. B. Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person operating or in charge of such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damage in such accident. C. The operator of any vehicle involved in an accident is not subject to the requirements or penalties of this section of and during the time he is physically incapable of making a report, but in such event he shall make a report as required in Subsection A of this section within 24 hours after regaining the ability to make such report. Prior Code 18- 12; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

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Section 10. 08. 090 When Vehicles May be Removed from Streets

Any regularly employed and salaried police officer or Sheriff or any Code Enforcement or parking control officer of this City may remove or cause to be removed: A. Any vehicle that has been parked or left standing upon a street or highway for 72 or more hours. B. Any vehicle which is parked or left standing upon a street or highway, when such parking or standing is prohibited by ordinance or resolution of this City and signs are posted giving notice of such removal. No vehicle may be removed unless signs are posted giving notice of removal. C. Any vehicle which is parked or left standing upon a street or highway where the use of such street or or a portion thereof is necessary for the cleaning, repair or highway construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least 24 hours prior to the effective time of such prohibited parking. D. Any vehicle registered in a foreign jurisdiction or without a current California registration which is parked or left standing upon a street or highway and for which five or more notices of parking violation have been issued over a period of five days, and for which the owner or person in control of the vehicle has not responded. The vehicle may be impounded until that person furnishes to the impounding law enforcement agency evidence of his identity and an address within this state at which he can be located and satisfactory evidence that bail has been deposited for all notices of parking violation issued for the vehicle. A notice of parking violation issued to such a vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle; E. Any vehicle which is found illegally parked and for which there are no license plates or other evidence of registration displayed. The vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of his identity and an address within this state at which he can be located; F. Any vehicle which any Code Enforcement or parking control officer of the City has reasonable grounds to believe is an abandoned vehicle, as determined pursuant to Section 22523 of the California Vehicle Code, may be removed by him or her from a public street or highway only after he or she has mailed or personally delivered a written report identifying the vehicle and its location to the office of the Department of California Highway Patrol located nearest to the vehicle. Prior Code 18- 13; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 84- 13, Amended, 3/ 12/ 84)

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Chapter 10. 12

Traffic- Control Devices

Sections:

10. 12. 010 Authority to Install Devices
11. 12. 020 Signs Required for Enforcement Purposes
12. 12. 030 Obedience to Traffic- Control Devices
13. 12. 040 Installation of Traffic Signals
14. 12. 050 Lane Marking
15. 12. 060 Distinctive Roadway Markings
16. 12. 070 Removal, Relocation and Discontinuance of Devices
17. 12. 080 Hours of Operation
18. 12. 090 Unauthorized Painting of Curbs
19. 12. 100 Placement of Turning Markers
20. 12. 110 Placement of Restricted Turn Signs
21. 12. 120 Signal Controlled Intersections - Right Turns
22. 12. 130 Obstruction of Visibility at Intersections

Section 10. 12. 010 Authority to Install Devices

A. The City Traffic Engineer shall have the power and duty to place and maintain or

cause to be placed and maintained official traffic- control devices in accordance with this Chapter. B. Whenever the Vehicle Code requires, for the effectiveness of any provision thereof, that traffic- control devices be installed to give notice to the public of the application of such law, the City Traffic Engineer is authorized to install or cause to be installed the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto. C. The City Traffic Engineer may also place and maintain or cause to place and maintain such additional traffic-control devices as he may deem necessary or proper to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations, and rules as may be set forth in this title and as may be determined by ordinance or resolution of the City Council. Prior Code 18- 14; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 12. 020 Signs Required for Enforcement Purposes

No provision of the Vehicle Code or of this title for which signs are required shall be

enforced against an alleged violator unless appropriate legible signs are in place giving notice of such provisions of the traffic laws. Prior Code 18- 15; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 12. 030 Obedience to Traffic- Control Devices

The operator of any vehicle or train shall obey the instructions of any official traffic- control device placed in accordance with this title unless otherwise directed by a police officer or other authorized person, subject to the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls. Prior Code 18- 16; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

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Section 10. 12. 040 Installation of Traffic Signals

A. The City Traffic Engineer is directed to install, subject to City Council approval,

and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard. B. The City Traffic Engineer shall ascertain and determine the locations where such signals are recommended by field investigation, traffic counts and other traffic information as may be pertinent and therefrom his determinations shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the California Manual on Uniform Traffic Control Devices issued by the State of California Department of Transportation Caltrans). C. Whenever the City Traffic Engineer installs and maintains an official traffic signal at any intersection, he shall likewise erect and maintain at such intersection street name signs clearly visible to traffic approaching from all directions unless such street name signs have previously been placed and are maintained at any such intersection. Prior Code 18- 17; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 12. 050 Lane Marking

The City Traffic Engineer is authorized to mark center lines and lane lines upon the

surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway. Prior Code 18- 18; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 12. 060 Distinctive Roadway Markings

The City Traffic Engineer is authorized to place and maintain distinctive roadway

markings as described in the Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and markings. Such marking or signs and markings have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the Vehicle Code. Prior Code 18- 19; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 12. 070 Removal, Relocation and Discontinuance of Devices

The City Traffic Engineer is authorized to remove, relocate or discontinue the operation of any traffic- control device, other than traffic signals and stop signs, the removal of which requires a City Council Resolution, not specifically required by the Vehicle Code or this title whenever he determines in any particular case that the conditions which warranted or required the installation no longer exist. Prior Code 18- 20; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 12. 080 Hours of Operation

The City Traffic Engineer shall determine the hours and days during which any traffic-

control device is in operation or is in effect, except in those cases where such hours or days are specified in this title or otherwise determined by resolution of the City Council. Prior Code 18- 21; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

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Section 10. 12. 090 Unauthorized Painting of Curbs Prior Code 18- 22; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 91- 38, Repealed, 11/ 26/ 91)

Section 10. 12. 100 Placement of Turning Markers

The City Traffic Engineer is authorized to place official traffic-control devices within or

adjacent to intersections and indicating the course to be traveled by vehicles turning at such intersections, and the City Traffic Engineer is authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make right or left turns, and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance. Prior Code 18- 23; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 12. 110 Placement of Restricted Turn Signs

Subject to approval by resolution of the City Council the City Traffic Engineer is

authorized to determine those intersections at which drivers of vehicles shall not make a right and/ or left turn. The City Traffic Engineer is authorized to determine intersections and roadway segments where drivers of vehicles shall not make U- turns. The City Traffic Engineer shall place proper signs at such intersections and roadway segments. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted. Prior Code 18- 24; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 12. 120 Signal Controlled Intersections - Right Turns

A. No driver of a vehicle shall make a right turn against a red or stop signal at any intersection which is sign- posted giving notice of such restriction, as provided in Subsection B of this section. B. The City Traffic Engineer shall post appropriate signs giving effect to this section where he determines that the making of right turns against a traffic signal' s " stop" indication would seriously interfere with the safe and orderly flow of traffic. Prior Code 18- 25; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 12. 130 Obstruction of Visibility at Intersections

Whenever the City Traffic Engineer finds that any hedge, shrubbery, tree or any other

structure or object obstructs the view of any intersection, or any traffic upon the streets approaching such intersection, he shall cause the hedge, shrubbery, tree or other structure or object to be immediately removed or reduced in height or width. Prior Code 18- 71; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

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Chapter 10. 14

Painting of Curbs

Sections:

10. 14. 010 Unauthorized Painting of Streets or Curbs
11. 14. 020 Applications
12. 14. 030 Denial and Issuance
13. 14. 040 Suspension or Revocation of Permit - Notice - Hearing
14. 14. 050 Grounds for Revocation
15. 14. 060 Appealing
16. 14. 070 Violation - Penalty
17. 14. 080 Regulations

Section 10. 14. 010 Unauthorized Painting of Streets or Curbs

No person, unless authorized by the City Public Works Director, by special temporary

permit, shall paint any street or curb surface in any manner. Curb house numbers painted on the curb are included in the general prohibition. Ord. No. 91- 38, Enacted, 11/ 26/ 91)

Section 10. 14. 020 Applications

Applications for a special temporary street or curb painting permit shall be filed with the Director of Public Works or the Director' s designee and shall contain the following: A. The individual and business name, address, and telephone number of the permit applicant. If the applicant is under 18 years of age, there shall be included the name, address, telephone number and signature of a person 18 years of age or older who assumes all responsibility for activities undertaken pursuant to any permit which may be issued. B. An agreement to indemnify and hold harmless the City, its officers, employees and agents from any and all liability for personal injury or property damage resulting from the applicant' s activity pursuant to the permit. C. A certificate of insurance, in form and amount determined by the City' s Risk Manager, demonstrating that the applicant has in for liability insurance against injury to persons and damage to property arising from activities undertaking pursuant to the permit. D. Such other information as may be requested by the Director. Ord. No. 91- 38, Enacted, 11/ 26/ 91)

Section 10. 14. 030 Denial and Issuance

A. A special temporary street or curb painting permit shall not be issued if the Director

finds that the application is incomplete or contains a Use statement. B. Special street or curb painting temporary permits shall be subject to renewal every six months following the date of issuance unless sooner suspended or revoked. Renewal may be denied for any purpose which is grounds for denial, suspension, or revocation of the permit. Ord. No. 91- 38, Enacted, 11/ 26/ 91)

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Section 10. 14. 040 Suspension or Revocation of Permit - Notice - Hearing

A. Any curb painting permit under this chapter is subject to suspension or revocation by the Public Works Director for violation of any provision of this chapter or for any grounds that would warrant the denial of the issuance of such permit or for any grounds set forth in Section 10. 14. 030. B. Prior to the suspension or revocation of any permit issued under this chapter, the permittee is entitled to a hearing held before the Public Works Director, at which time evidence will be received for the purpose of determining whether or not such permit will be suspended or revoked or whether the permit may be retained. Notice of such hearing shall be given in writing and served at least 15 days prior to the date of the hearing. The notice shall state the grounds of the complaint against the holder of such license and shall designate the time and place where such hearing shall be held. Such notice shall be served upon the license holder by delivering the same personally or by leaving such notice at the place of business or residence of the license holder in the custody of a person of suitable age and discretion. In the event the license holder cannot be found and the service of such notice cannot be otherwise made in a manner provided in this section, a copy of such notice shall be mailed, registered mail, postage fully prepaid, addressed to the license holder at his or her place of business or residence at least 15 days prior to the date of such hearing. C. In the event the permit is suspended or revoked, the notification and reasons for such suspension or revocation shall be set forth in writing and sent to the permittee by means of registered or certified mail or hand delivered. Ord. No. 91- 38, Enacted, 11/ 26/ 91)

Section 10. 14. 050 Grounds for Revocation

The Director may revoke any special temporary permit issued whenever the Director

finds that any activity authorized by the permit is being conducted, maintained or carried on in a manner contrary to, or in violation of, any state law, or any other provision of the City code, or any condition imposed upon the granting of the permit, or in a manner which constitutes a nuisance, or is injurious to the public welfare. Ord. No. 91- 38, Enacted, 11/ 26/ 91)

Section 10. 14. 060 Appealing

The permittee can appeal the suspension or revocation of the special temporary street

or curb painting permit to the City Council within 15 days of the suspension or revocation. Ord. No. 91- 38, Enacted, 11/ 26/ 91)

Section 10. 14. 070 Violation- Penalty

The provisions of this chapter are enforceable, and violations are punishable pursuant to

Chapter 1. 16 of this code. Chapter 1. 16 allows the City Manager, or his designee, to issue citations for violations of certain sections of this code. Criminal prosecution shall not preclude nor be precluded by abatement of the violation or violations. Ord. No. 91- 38, Enacted, 11/ 26/ 91)

Section 10. 14. 080 Regulations

person painting any street or curb surface in any manner, shall be in A. Any

accordance with regulations for painting streets or curbs as established by the Public Works

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Director. A copy of the minimum standards shall be given to the person upon issuance of application. 1. Area on curb is to be thoroughly cleaned before painting background color. 2. Three inch to four inch black numbers. 3. Five inch x 12 inch white background patch, plain or reflective. 4. Numbers are to be painted on the curb face near the driveway. A location affording the greatest visibility from the street is the objective. In general, this will be adjacent to driveway openings to minimize blockage by parked cars, on the face of vertical curbs and inclined toward the street on rolled curbs. Unusual conditions or the preference of the resident for whom the service is being performed may be considered. 5. Provide information daily to the Public Works Street Maintenance Supervisor as to the location the painting will occur. Failure to keep City informed of work location and activity will result in the agreement being revoked. Staff from Public Works will be spot checking the operation. B. It is unlawful for any person to paint any house numbers on any curb unless said person has first obtained consent in writing from the property owner and a permit from the Public Works Director or the Director' s designee. C. It is unlawful for any person to request, demand, solicit or receive any payment, compensation, donation or other consideration for the painting of house numbers on any curb unless, prior to the painting, such person secures from the City of Vista, a business license, and from the property owner in front of whose premises the number is painted written consent to paint the curb and a written agreement to pay the amount requested, demanded, solicited or received. D. No property owner or occupant of any property shall be liable for any payment, compensation, donation, or other consideration relating to the painting of house numbers on curbs in front of his or her premises unless the property owner agreed in writing prior to the painting to make such payment. E. Any writing which purports to be a billing for services rendered in connection with the painting of house numbers on any curb shall contain on its face the text of Section 10. 14. 030 B and 10. 14. 050 A. F. It is unlawful for any person to receive any payment, compensation, donation or other consideration for the painting of house numbers on any curb before the painting has been completed and inspected by the property owner. G. Any person who seeks consent to paint house numbers on a curb or who requests, demands, solicits or receives any payment, compensation, donation or other consideration for the painting of house numbers shall give to or leave with each property owner contacted a receipt or other document which sets forth the person' s name, address, telephone number, and City curb painting permit number. H. Each employee, agent, representative or contractor of a curb painting permittee shall, at all times when engaged in activity covered by the permit, carry on his or her person and display upon request a copy of the valid permit pursuant to which he or she is operating. Ord. No. 91- 38, Enacted, 11/ 26/ 91)

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Chapter 10. 16

One-Way Streets and Alleys

Sections:

10. 16. 010 Placement of Signs

Section 10. 16. 010 Placement of Signs

Whenever any ordinance or resolution of this City designates any one- way street or

alley, the City Traffic Engineer shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. Prior Code 18- 26; Ord. 70- 17, Enacted, 5/ 4/ 70)

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Chapter 10. 20

Stop Signs

Sections:

10. 20. 010 Placement of Stop Signs
11. 20. 020 Emerging from Alley, Driveway or Building

Section 10. 20. 010 Placement of Stop Signs

The City Traffic Engineer, subject to City Council approval by resolution or ordinance, may

erect and maintain stop signs at any intersection or location. Prior Code 18- 27; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 20. 020 Applicable Streets or Intersections Prior Code 18- 29; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Repealed and Replaced, 5/ 28/ 19)

Section 10. 20. 020 Emerging from Alley, Driveway or Building

The driver of a vehicle emerging from an alley, driveway or building shall stop such vehicle

immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alleyway or driveway. Prior Code 18- 28; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

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Chapter 10. 24

Miscellaneous Driving Rules

Sections:

10. 24. 010 Funeral Procession and Parades
11. 24. 020 Clinging to Moving Vehicle
12. 24. 030 Commercial Vehicles Using Private Driveways
13. 24. 040 Riding or Driving on Sidewalk
14. 24. 050 New Pavement and Markings
15. 24. 060 Obedience to Barriers and Signs
16. 24. 070 Traffic Obstructions at Intersections Prohibited
17. 24. 080 Limited Access
18. 24. 090 Heavy Machinery

Section 10. 24. 010 Funeral Procession and Parades

No operator of any vehicle shall drive between the vehicles comprising a funeral

procession or a parade, provided that such vehicles are conspicuously so designated. The directing of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass is subject to the orders of the Police Department. Prior Code 18- 30; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 24. 020 Clinging to Moving Vehicle

No person shall attach himself with his hands, or to catch on, or hold on with his hands or

by other means, to any moving vehicle or train for the purpose of receiving motive power therefrom. Prior Code 18- 31; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 24. 030 Commercial Vehicles Using Private Driveways

A. No person shall operate or drive a commercial vehicle in, on, or across any private

driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property. B. For the purpose of this section, " commercial vehicle" means a vehicle having a rated capacity in excess of one ton. Prior Code 18- 32; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 24. 040 Riding or Driving on Sidewalk

No person shall ride, drive, propel, or cause to be propelled any vehicle or animal across

or upon any sidewalk except over permanently constructed driveways and except when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided, that said sidewalk area is substantially protected by wooden planks two inches thick, and written permission is previously obtained from the City Traffic Engineer. Such wooden planks are not permitted to remain upon such sidewalk area during the hours from 5: 00 p. m. to 7: 00 a. m. Prior Code 18- 33; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

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Section 10. 24. 050 New Pavement and Markings

No person shall ride or drive any animal or any vehicle over or across any newly made

pavement or freshly painted markings in any street when a barrier sign, cone marker or other warning device is in place warning persons not to drive over or across such pavement or marking, or when any such device is in place indicating that the street or any portion thereof is closed. Prior Code 18- 34; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 24. 060 Obedience to Barriers and Signs

No person, public utility or department in the City shall erect or place any barrier or sign

on any street, unless of a type approved by the City Traffic Engineer, or disobey the instructions, remove, tamper with or destroy any barrier or sign lawfully placed on any street by any person, public utility or by any department of this City. Prior Code 18- 35; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 24. 070 Traffic Obstructions at Intersections Prohibited

No operator of any vehicle shall enter any intersection or a marked crosswalk unless

there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed. Prior Code 18- 36; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 24. 080 Limited Access

No person shall drive a vehicle onto or from any limited access roadway except at such

entrances and exits as are lawfully established. Prior Code 18- 37; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 24. 090 Heavy Machinery

No person shall operate over the city streets any vehicle, piece of equipment or

machinery which has lugs, cleats, flanges or other projections on the wheels or tracks. If the tread of the track has projections or corrugations, a filler block may be placed on each section so that a flat bearing surface will be in contact with the pavement at all times. Prior Code 18- 73; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

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Chapter 10. 28

Pedestrians

Sections:

10. 28. 010 Pedestrian Crosswalks
11. 28. 020 Pedestrians on Streets and Highways
12. 28. 030 Coasters, Roller Skates and Similar Devices Prohibited
13. 28. 040 Pedestrian Interference

Section 10. 28. 010 Pedestrian Crosswalks

shall establish, designate and maintain crosswalks at The City Traffic Engineer intersections and other places by appropriate devices, marks or lines upon the surface of the roadway in accordance with crosswalk placement policies approved by the City Council; provided, however, that unless specifically approved by the City Council, no crosswalk shall be established at other than an intersection unless such crosswalk is located at least 400 feet from any intersection and in a block not less than 600 feet in length, and located as nearly as practicable in the center of such block. Prior Code 18- 38; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 73- 34, Amended, 8/ 13/ 73)

Section 10. 28. 020 Pedestrians on Streets and Highways

A. No person shall stand on a street or highway for the purpose of soliciting

employment, business or contributions from the occupant of any vehicle. B. No person shall stand on a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. C. No pedestrian shall walk upon a roadway adjacent to a sidewalk or walkway, the use of which is practicable, except for the purpose of lawfully crossing such roadway. Prior Code 18- 38. 1, Ord. No. 73- 34, Amended, 8/ 13/ 73)

Section 10. 28. 030 Coasters, Roller Skates and Similar Devices Prohibited Prior Code 18- 38. 2, Ord. No. 76- 44, Amended, 10/ 25/ 76; Ord. No. 88- 34, Amended, 9/ 12/ 88; Ord. No. 91- 23, Amended, 09/ 10/ 91; Ord. No. 98- 11, Repealed, 11/ 10/ 1998)

Section 10. 28. 040 Pedestrian Interference

A. Definitions. The following definitions apply in this section:
Obstruct Pedestrian or Vehicular Traffic" means to walk, skateboard,

rollerskate, stand, sit, lie, or place an object in such a manner and with the intent to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one' s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Vista Municipal Code, shall not constitute obstruction of pedestrian or vehicular traffic. Public Place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

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B. Prohibition A person is guilty of pedestrian interference if, in a public place, he or she intentionally obstructs pedestrian or vehicular traffic. C. Violation - Penalty Pedestrian interference shall be punishable in accordance with Chapter 1. 16 of the Vista Municipal Code. Ord. No. 91- 23, Enacted, 09/ 10/ 91)

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Chapter 10. 32

Stopping, Standing, and Parking Generally

Sections:

10. 32. 010 Application of Regulations
11. 32. 020 Stopping or Standing in Parkways Prohibited
12. 32. 030 Maintenance of No Stopping Zones and No Parking Areas
13. 32. 040 No Parking Areas
14. 32. 050 Storage of Vehicles on Streets Prohibited
15. 32. 055 Parking of Oversized Vehicles and Non- motorized Vehicles on Public Streets
16. 32. 060 Authority to Remove Vehicles for Sale
17. 32. 070 Repairing Vehicles on Public Streets
18. 32. 080 Vehicle Repair Prohibited in Residential Zones - Exception
19. 32. 090 Washing or Polishing Vehicles
20. 32. 100 Parking Adjacent to Schools
21. 32. 110 Parking Prohibited on Narrow Streets
22. 32. 120 Parking on Grades
23. 32. 130 Parking for Commercial Purposes Prohibited - Exceptions
24. 32. 140 Emergency Parking Signs
25. 32. 150 Permitted Parking in Prohibited Areas
26. 32. 160 Civil Penalties; Administrative Fees

Section 10. 32. 010 Application of Regulations

A. The provisions of this title prohibiting the stopping, standing or parking of a

vehicle apply at all times or at those times specified in this chapter, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic- control device. B. The provisions of this title imposing a time limit on standing or parking do not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the ordinances of this City prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. Prior Code 18- 39; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 32. 020 Stopping or Standing in Parkways Prohibited

No person shall stop, stand, or park a vehicle within any parkway.

Prior Code 18- 40; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 32. 030 Maintenance of No Stopping Zones and No Parking Areas

A. Subject to approval by resolution of the City Council, the Traffic Engineer is authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this title. B. When such curb markings or signs are in place no operator of any vehicle shall stop, stand, or park such vehicle adjacent to any such legible curb marking or sign in violation of any of the provisions of this title. Prior Code 18- 41; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

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Section 10. 32. 040 No Parking Areas

No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any
places,of the following except when necessary to avoid conflict with other traffic or in

compliance with the direction of a police officer or other authorized officer, or traffic sign or

signal: A. Within any divisional island unless authorized and clearly indicated with appropriate signs or markings. B. On either side of any street between the projected property lines of any public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface. C. In any area established by resolution of the City Council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface. D. Upon, along, or across any railway track, in such manner as to hinder, delay, or obstruct the movement of any rail car traveling upon such track. E. On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice of such prohibited parking are erected or placed at least 48 hours prior to the effective time of such prohibited parking. F. At any place within 20 feet of a crosswalk at an intersection ( in the central traffic district or) in any business district when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop. G. Within 20 feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device, when such place is indicated by appropriate signs or by red paint upon the curb surface. H. Upon any street within any business or residence district unless not less than eight feet of the width of the paved or improved or main traveled portion of the directional traffic lane adjoining such stopped, standing or parked vehicle is left clear and unobstructed for the free passage of other vehicles. I. At any place within 100 feet of a street intersection or a driveway serving a multifamily, commercial, or industrial establishment, when determined by the City Traffic Engineer to be necessary to provide adequate sight distance or for the safe and efficient movement of traffic and when such place is indicated by appropriate signs or by red paint upon the curb surface. J. Along any street, or portion thereof, which has been determined by the City Manager or his/her designee to be necessary to perform street sweeping and when the Director of Public Works or designee has designated such parking restriction by placement of appropriate signs giving notice of the day or days and hours of the parking restriction. The City Traffic Engineer is authorized to erect and maintain signs or markings indicating these no parking areas if he determines a recurring pattern of violations at a specific location and that signs and markings will assist with enforcement of the regulations. Prior Code 18- 42; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 76- 50, Amended, 11/ 22/ 76; Ord. 86- 10, Amended, 3/ 11/ 86; Ord. No. 86- 34, Amended, 7/ 8/ 86; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 32. 050 Storage of Vehicles on Streets Prohibited

A. No person who owns or has possession, custody, or control of any vehicle shall

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park such vehicle upon any street or alley for more than a consecutive period of 72 hours. For the purpose of this section, a vehicle shall be deemed to be left standing when such vehicle has not been moved more than one- tenth of a mile ( 528 feet) under its own power ( for motor vehicles) from its original stopped position. B. Use during nighttime hours: 1. The City Traffic Engineer has authority to prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2: 00 a. m. and 6: 00 a. m., to be designated by resolution. 2. The resolution relating to parking between the hours of 2: 00 a. m. and 6:00 a. m. may provide for a system of permits for the purpose of exempting, from the prohibition or restriction of the resolution, handicapped persons and residents of high- density multiple- family dwelling areas or similar areas lacking adequate off-street parking facilities. C. The City Traffic Engineer has authority to prohibit or restrict any vehicle which is six feet or more in height ( including any load thereon) from parking within one hundred feet of any intersection, during all hours of the day. D. The City Traffic Engineer has authority to prohibit or restrict the stopping, parking or standing of vehicles on certain streets or highways, or portions thereof, during certain hours of the day, the hours and streets to be designated in an accompanying resolution. E. No person who owns or has possession, custody or control of any commercial semi- trailer or commercial trailer shall park such trailer on any highway, street or alley within the city limits unless such semi-trailer or trailer is, at all times while so parked, attached to a truck or tractor capable of moving such trailer or semi- trailer in a normal manner upon the public streets and highways. F. No person who owns or has possession, custody or control of a non- commercial trailer, shall park such vehicle, unattached upon any street or alley, except for the purpose of loading or unloading and for no more than a consecutive period of 4 hours. Prior Code 18- 43; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 81- 81, Amended, 12/ 28/ 81; Ord. No. 84- 15, Amended, 3/ 26/ 84; Ord. No. 84- 48, Amended 11/ 13/ 84; Ord. No. 89- 34, Amended, 9/ 11/ 89; Ord. No. 2001- 7, Amended, 04/ 09/ 01; Ord. No. 2019- 08, Amended, 5/ 28/ 19)

Section 10. 32. 055 Parking of Oversized Vehicles and Non- motorized Vehicles on Public Streets

A. Prohibition. Subject to the exceptions set forth in Subsection D, no person who owns or has possession, custody or control of any oversized vehicle or non- motorized vehicle not attached to a motor vehicle, as defined by the California Vehicle Code, shall park or leave standing on any public street or alley. B. Oversized Vehicle Defined. For the purpose of this section, " oversized vehicle" shall mean any single vehicle or combination of said vehicle which exceeds 24 feet in length; 11 feet in height; or nine feet in width, or any single vehicle or combination of said vehicles having a manufacturer' s gross vehicle weight rating of 10, 000 pounds or more. In determining the width or length of the vehicles defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included. C. Non- motorized Vehicle Defined. For the purpose of this section, " non- motorized vehicle" shall mean any trailer or any other similar device which is not self-propelled. D. Exceptions. The prohibition set forth in Subsection A, shall not apply to the following: 1. To oversized vehicles parked while engaged in loading and unloading activity for a period not to exceed 4 hours. 2. To any oversized vehicle displaying authorized placards or license plates identifying the physically handicapped or disabled person pursuant to the California Vehicle

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Code. 3. To any oversized recreational vehicle displaying a valid permit issued pursuant to Section 10. 34. 020 of this code. Ord. No. 2004- 13, Added, 12/ 14/ 04; Ord. No. 2019- 08, Amended, 5/ 28/ 19)

Section 10. 32. 060 Authority to Remove Vehicles for Sale

A. Purpose. The City Council of the City of Vista finds that the display of vehicles for sale on public streets creates a distraction for drivers and pedestrians, thereby creating a traffic hazard; creates a public nuisance for the community; and decreases the available parking for businesses and residents. The purpose of this section is to prohibit the use of designated public streets for the private sale of vehicles when such activity adversely affects the neighborhoods in the city of Vista. B. The term " designated streets" shall mean all public streets of the city of Vista. Enforcement of the prohibition shall not take effect until signs prohibiting the parking of vehicles for sale have been installed. C. Unlawful to Park a Vehicle on Public Street Displaying it for Sale. It is unlawful to park a vehicle on a designated public street pursuant to Section 10. 32. 060 when, because of a sign or placard on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to display to the public that the vehicle is for sale. D. A notice of parking violation for Section 10. 32. 060 must be accompanied by: 1. A warning that an additional violation of Section 10. 32. 060.0 may result in the impoundment of the vehicle, even if the vehicle is moved to another public street designated under this section, so long as the sign or placard offering the vehicle for sale remains on the vehicle. 2. A list of the public streets subject to this section. E. Removal of Vehicles Displayed for Sale. City employees or agents, as authorized by Vehicle Code Section 22651. 9, may order the removal of any vehicle from any designated street when, because of a sign or placard on the vehicle, it appears that the primary purpose of parking the vehicle at that location, or on another designated street, is to display to the public that the vehicle is for sale, and when the vehicle has previously been issued a notice of parking violation under this section within the last 30 days, but not less than 24 hours. F. Procedure and criteria for designating streets. 1. The procedure and criteria for designating a street under this section shall be established per City Council Policy. 2. The City Manager shall have the sole authority to approve or disapprove designating streets. In the event the City Manager approves designating a street, appropriate signs shall be posted giving notice thereof. 3. The prohibition shall be effective 30 days from the date of the installation of the signs. Prior Code 18- 44; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 2009- 25, Amended, 12/ 8/ 09)

Section 10. 32. 070 Repairing Vehicles on Public Streets

No persons shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled, any vehicle or any part thereof upon any public street in this city. Prior Code 18- 45; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

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Section 10. 32. 080 Vehicle Repair Prohibited in Residential Zones

A. No person shall repair, assemble, disassemble or dismantle any motor vehicle

upon any portion of a lot or parcel of land within any residential zone of the city unless such vehicle is contained either: 1. Within an enclosed garage located on the lot or parcel of land on which the vehicle is located. 2. On the rear one- third of the lot or parcel of land on which the vehicle is located; provided that such vehicle is screened from public view by six- foot fencing approved by the City Manager or his designee. Such vehicle shall not be stored within five feet of any adjoining property line. Prior Code 18- 45; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 32. 090 Washing or Polishing Vehicles

No person shall wash or cause to be washed, polish or cause to be polished any vehicle

or any part thereof upon any public street in this city, when a charge is made for such service. Prior Code 18- 46; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 32. 100 Parking Adjacent to Schools

A. Subject to approval by resolution of the City Council, the City Traffic Engineer is

authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. B. When official signs are erected prohibiting parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. Prior Code 18- 47; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 32. 110 Parking Prohibited on Narrow Streets

A. The City Traffic Engineer is authorized to place signs or markings indicating no

parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed 30 feet. B. When official signs or markings prohibiting parking are erected upon narrow streets as authorized in Subsection A of this section, no person shall park a vehicle upon any such street in violation of any such sign or marking. Prior Code 18- 48; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 32. 120 Parking on Grades

No person shall park or leave standing any vehicle unattended on a street when upon any grade exceeding three percent, within any business or residence district, without blocking the wheels of such vehicle by turning them against the curb or by other means. Prior Code 18- 49; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

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Section 10. 32. 130 Parking for Commercial Purposes Prohibited - Exceptions

A. Except as otherwise provided in Chapters 5. 52 and 8.24 of this code and in this

section, no person shall stand or park any vehicle, wagon, or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating cart or vehicle, on any portion of any street within this city except that such vehicles, wagons, or pushcarts may stand or park only at the request of a prospective purchaser for a period of time not to exceed ten minutes at any one place. The provisions of this subsection do not apply to persons delivering such articles upon order of or by agreement with a customer from a store or other fixed place of business or distribution. B. No person shall park or stand on any street, any wagon, eating cart or vehicle, or pushcart from which articles of food are sold or offered for sale without first obtaining a written permit to do so from the City Council which shall designate the specific location in which such wagon or cart shall stand or the permits required by Chapters 5. 52 and 8. 24 of this code. C. Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon, or pushcart on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court of competent jurisdiction for violating any of the provisions of this section, such permit shall be forthwith revoked by the City Council and no permit shall thereafter be issued to such person until six months have elapsed from the day of such revocation. D. No person shall operate a prepared food vending vehicle in violation of any parking condition of the City permit issued therefore pursuant to Chapters 5. 52 and 8.24 of this code. Prior Code 18- 50; Ord. No. 70- 17, Enacted, 5/ 4/ 70; Ord. No. 86- 42, Amended, 8/ 26/ 86)

Section 10. 32. 140 Emergency Parking Signs

A. Whenever the City Traffic Engineer determines that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the City Traffic Engineer shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the City Traffic Engineer shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the City Traffic Engineer shall cause such signs to be removed promptly thereafter. B. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. Prior Code 18- 51; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 32. 150 Permitted Parking in Prohibited Areas

A. The City Traffic Engineer is authorized to permit temporary parking in any areas

where parking is prohibited, for special events or emergencies, through a permit process. However, by state law the City Traffic Engineer has no authority to allow temporary parking in any of the following locations: 1 In areas designated for the disabled. 2. Upon a railroad track or within seven and one- half feet of the nearest rail. 3. Within 15 feet of a fire hydrant.

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4. In a direction opposite to that in which traffic normally moves.
   5. Within an intersection, except adjacent to curbs if permitted by local

ordinance. 6. Between a safety zone and the adjacent right-hand curb or within the area between the zone and the curb as may be indicated by a sign or red paint on the curb. 7. Within 15 feet of the driveway entrance to any fire station. 8. In front of a public or private driveway. 9. On a sidewalk. 10. Alongside or opposite any street or highway excavation or obstruction when such parking would obstruct traffic. 11. On the roadway side of any vehicles stopped, parked or standing at the curb or edge of a highway. 12. Alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier and local transportation when indicated by a sign or red paint on the curb. 13. In a tube or tunnel. 14. Upon a bridge. 15. In front of the portion of a curb which has been cut down, lowered, or constructed to provide wheelchair accessibility to the sidewalk and which is designated for wheelchair access by either a sign or red paint on the curb. B. The City shall establish by resolution a permit process for persons wishing to apply under this section for temporary parking in any area where parking is prohibited, with the exception of the areas listed in paragraphs 1 to 15 of Subsection A of this section. Prior Code 18- 51; Ord. No. 70- 17, Enacted, 5/ 4/ 70)

Section 10. 32. 160 Civil Penalties; Administrative Fees

A. Pursuant to Article 3 ( commencing with Section 40200), Chapter 1, Division 17 of

the California Vehicle Code ( the ` Parking Violations Procedural Law"), a violation of any regulation governing the standing or parking of a vehicle under the Vehicle Code, and of Chapters 10. 32, 10. 36, 10. 40, or 12. 08, of this code, is subject to a civil penalty, the enforcement of which shall be governed by the civil administrative procedures set forth in said Article 3. B. For each regulation, or category of regulations, governing the standing or parking of vehicles that is or are subject to the enforcement provisions referred to in Subdivision A above, there is hereby established a civil penalty. The amount of the civil penalty for violation of

each such regulation, or category of regulations, shall be determined from time to time by resolution of the City Council. C. In addition to the civil penalties provided for in Subdivision B, above, the City Council from time to time may establish by resolution such additional penalties for late payment, administrative fees, and processing fees as are necessary and proper for the administration and enforcement of the provisions of this section and of the Parking Violations Procedural Law, or as may be authorized by the law. D. If the City incurs collection costs in conjunction with the assignment of a delinquent parking citation to a collection agency, any costs owed to that agency shall be added to the penalty for the citation, and the violator shall be liable to the City for both the original civil penalty, and such additional collection costs, which shall become part of the civil penalty. Ord. No. 94- 27, Enacted, 11/ 22/ 94; Ord. No. 2015- 15, Amended 8/ 25/ 15)

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Chapter 10. 34

Oversized Recreational Vehicle Parking on Residential Streets

Sections:

10. 34. 010 Parking of Oversized Recreational Vehicles on Residential Streets Permit Requirement
11. 34. 020 Permit Process for Oversized Recreational Vehicle Parking
12. 34. 030 Violations - Penalty

Section 10. 34. 010 Parking of Oversized Recreational Vehicles on Residential Streets Permit Requirement

A. No person who owns or has possession, custody or control of any oversized recreational vehicle shall stop, stand, park, or leave standing such vehicle on any residential street, except as provided below. B. " Oversized recreational vehicle" for the purpose of this section shall mean any of the following vehicles which exceed 24 feet in length; 11 feet in height; or nine feet in width, or a manufacturer' s gross vehicle weight rating of 10, 000 pounds or more. Inany vehicle having determining the width, length or height of any oversized recreational vehicle, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included in the measurement. Oversized recreational vehicles shall include the following: 1. Travel trailer - a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for human habitation for travel, recreational, and vacation purposes. 2. Motorized home - a portable structure designed and constructed as an integral part of a self-propelled vehicle to be used as a temporary dwelling for human habitation for travel, recreational, and vacation purposes. 3. Boats, jet- skis, watercrafts, boat/ watercraft trailers, motorcycle trailers, unlicensed dune buggies, and other motorized or towed vehicles used solely for recreational purposes. C. The provision of this section shall not apply to any of the following: 1. Oversized recreational vehicles in the process of loading or unloading for a period not to exceed 48 consecutive hours in any 72 consecutive hour period. The 48- hour period shall run concurrent with the 72- hour period. 2. Any oversized recreational vehicle parked while the owner or operator of the vehicle is in the process of making emergency repairs to such vehicle or arranging for emergency repairs to be made provided all repairs are completed within 24 hours. Emergency repairs shall be limited to repairs necessitated by sudden unforeseen events, such as a flat tire. Emergency repairs shall not include routine or normal maintenance. 3. Any travel trailer, boat/ watercraft trailer or motorcycle trailer regardless of size not securely attached to a motor vehicle capable of lawfully towing such travel trailer, boat/ watercraft trailer or motorcycle trailer on a public street. 4. Any oversized recreational vehicle belonging to federal, state, or local authorities. 5. To any oversized recreational vehicle displaying authorized placards or license plates identifying the physically handicapped or disabled person pursuant to the California Vehicle Code. 6. Any oversized recreational vehicle displaying a valid permit issued pursuant to Section 10. 34. 020. Ord. No. 2004- 14, Enacted, 12/ 14/ 04)

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Section 10. 34. 020 Permit Process for Oversized Recreational Vehicle Parking

A. The City Manager or his or her designee shall issue a permit for oversized

recreational vehicle to any resident of the City, or a bona fide guest of such resident provided the permit fee is paid and the parking of the oversized recreational vehicle will not create a hazard. The permit shall state the address of the resident and the date the permit is issued. B. The duration of the permit shall not exceed 72 consecutive hours. C. No more than three permits shall be issued to any residence during any consecutive 12- month period. D. The permit fee shall be set by the City Council by resolution. E. No oversized recreational vehicle shall be used for overnight camping, lodging, sleeping, residing in or accommodation purposes. F. Any oversized recreational vehicle capable of expansion by slide- out or similar features shall maintain such features in the retracted position while parked on a public street, except while in the process of cleaning and maintenance, the slide out is next to the curb, and provided it does not impede pedestrian traffic. Ord. No. 2004- 14, Enacted, 12/ 14/ 04)

Section 10. 34. 030 Violations - Penalty

The provisions of this chapter are enforceable and violations are punishable pursuant to

Section 10. 32. 160 of this code. Ord. No. 2004- 14, Enacted, 12/ 14/ 04)

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Chapter 10. 36

Parking, Standing and Stopping on Streets and Public Property; Operation of Vehicles on Private Property

Sections:

10. 36. 010 Fifteen Minute and Thirty Minute Parking
11. 36. 020 One Hour Parking
12. 36. 030 Two Hour Parking
13. 36. 040 Parking Parallel on One-Way Streets
14. 36. 050 Diagonal Parking
15. 36. 060 Parking Space Markings
16. 36. 070 No Stopping Zones
17. 36. 080 Parking Vehicles in Residential Areas
18. 36. 090 Parking on City Property
19. 36. 100 Operating Vehicles on Private or Public Property

Section 10. 36. 010 Fifteen Minute and Thirty Minute Parking

A. Green curb marking means no standing or parking for a period of time that is either fifteen minutes or thirty minutes as specified by signs or curb marking stencils at any time between 9: 00 a. m. and 6:00 p. m. on any day except Sundays and holidays. B. When authorized signs, parking meters or curb markings have been determined by the City Council to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle adjacent to any such legible curb markings or sign or parking meter in violation thereof. Prior Code 18- 52; Ord. No. 70- 17, Enacted 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 36. 020 One Hour Parking

When authorized signs, parking meters or curb markings have been determined by the

City Council to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle between the hours of 9:00 a. m. and 6:00 p. m. of any day except Sundays and holidays for a period of time longer than one hour. Prior Code 18- 53; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 36. 030 Two Hour Parking

When authorized signs, parking meters or curb markings have been determined by the

City Council to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle between the hours of 9: 00 a. m. and 6: 00 p. m. of any day except Sundays and holidays, or between such other hours as provided by resolution, for a period of time longer than two hours. Prior Code 18- 54; Ord. No. 70- 17, Enacted 5/ 4/ 70; Ord. No. 2005- 3, Amended, 2/ 22/ 05)

Section 10. 36. 040 Parking Parallel on One-Way Streets

A. Subject to other and more restrictive limitations, a vehicle may be stopped or

parked within 18 inches of the left- hand curb facing in the direction of traffic movement upon a one-way street unless signs are in place prohibiting such stopping or standing.

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B. In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting such standing or parking. C. The City Traffic Engineer is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left- hand side of any one- way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof. D. The requirement of parallel parking imposed by this section do not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in which case such vehicle may be backed up to the curb; provided, that such vehicle does not extend beyond the center line of the street and does not block traffic thereby. Prior Code 18- 55; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 36. 050 Diagonal Parking

A. On any of the streets or portions of streets designated for diagonal parking, by

placement of signs or pavement markings, it is unlawful for the operator of any vehicle to park such vehicle except: 1. At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space. 2. With the front wheel nearest the curb within six inches of said curb. B. The provisions of this section do not apply when such vehicle is actually engaged in the process of loading or unloading passengers, freight or goods, in which event the provisions applicable in Section 10. 36. 040 of this chapter shall be complied with. Prior Code 18- 56; Ord. No. 70- 17, Enacted 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 36. 060 Parking Space Markings

A. The City Traffic Engineer is authorized to install and maintain parking space

markings to indicate parking spaces adjacent to curbing where authorized parking is permitted. B. When such parking space markings are placed on the highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible. Prior Code 18- 57; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 36. 070 No Stopping Zones

A. The City Traffic Engineer shall designate established no stopping zones by

placing and maintaining appropriate signs indicating that stopping of vehicles is prohibited and indicating the hours and days when stopping is prohibited.

B. During the hours and on the days designated on the signs, it is unlawful for the operator of any vehicle to stop such vehicle on any of the streets or parts of streets established by resolution of the City Council as no stopping zones. Prior Code 18- 58; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 36. 080 Parking Vehicles in Residential Areas

A. No person shall park a commercial vehicle having a manufacturer's gross vehicle

weight rating of 10, 000 pounds or more in a residential area, except:

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1. While making pickups or deliveries of goods, wares and merchandise

from or to any building or structure located on the restricted streets or highways and for no more than a consecutive period of 4 hours; or 2. While delivering materials to be used in the actual or bona fide repair, alteration, remodeling or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained and for no more than a consecutive period of 4 hours. B. For the purpose of this section, a " residential area" means all areas located within a residential zone, including public and private streets and private property, and any other area for which the utilization of the surrounding land is primarily residential. Prior Code 18- 59; Ord. No. 70- 17, Enacted 5/ 4/ 70; Ord. No. 84- 14, Amended 4/ 9/ 84; Ord. No. 84- 47, Amended 11/ 13/ 84; Ord. No. 89- 33, Amended 11/ 27/ 89; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 36. 090 Parking on City Property

A. Whenever the City Traffic Engineer shall determine that the orderly, efficient

conduct of the City's business requires that parking or standing of vehicles on City property be prohibited, limited or restricted the City Traffic Engineer shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles is thus prohibited, limited or restricted. B. When signs authorized by the provisions of this section are in place, giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs. C. Officers of the Sheriff's Department and Code Enforcement personnel for the City are authorized to cause the removal of vehicles parked in violation of this section. Before any vehicle is removed pursuant to this section, a sign notifying the public of the parking restriction and the possible removal of vehicles shall be posted for a minimum of 48 hours. Prior Code 18- 60; Ord. No. 70- 17, Enacted 5/ 4/ 70; Ord. No. 2013- 18, Amended 8/ 27/ 13)

Section 10. 36. 100 Operating Vehicles on Private or Public Property

No persons shall operate or drive a motor vehicle, motorcycle, mini- bike, dune buggy, motor scooter, jeep or other form of motorized transportation upon the private property of another or upon any public property which is not held open to the public for any vehicular use and which is not subject to provisions of the Vehicle Code, without having and displaying, upon the request of a peace officer, written permission from the owner of such property or his agent or the person in lawful possession thereof. Provided, however, the provisions of this section shall not apply to emergency vehicles, governmental agencies or to other persons driving upon such property with the written consent of the owner or person in lawful possession of such property, or to the owner himself, his family, employees, agents or lessees. Prior Code 18- 61; Ord. No. 70- 17, Enacted 5/ 4/ 70; Ord. No. 98- 10, Amended, 10/ 27/ 98)

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Chapter 10. 40

Loading Zones

Sections:

10. 40. 010 Authority to Establish Loading Zones
11. 40. 020 Curb Markings to Indicate No Stopping or Parking
12. 40. 030 Effect of Permission to Load or Unload
13. 40. 040 Standing for Loading or Unloading Only
14. 40. 050 Standing in Passenger Loading Zone
15. 40. 060 Standing in Any Alley
16. 40. 070 Bus Zones to be Established

Section 10. 40. 010 Authority to Establish Loading Zones

A. Subject to approval by resolution of the City Council, the City Traffic Engineer is authorized to determine and to mark loading zones and passenger loading zones as follows: 1. At any place in a business district. 2. Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. B. In no event shall more than one- half of the total curb length in any block be reserved for loading zone purposes. C. The City Traffic Engineer is authorized to determine and to mark passenger loading zones adjacent to schools, which are to be used for school student drop off and pick up. Such passenger loading shall be limited to between the hours of 7:00 a. m. and 4:00 p. m. on school days. These time limits shall be clearly indicated on signs erected adjacent to the passenger loading zone. D. The City Traffic Engineer is authorized to determine and to mark school bus loading zones adjacent to schools, which are to be used for school student drop off and pick up by school buses. Such passenger loading shall be limited to between the hours of 7:00 a. m. and school district. These time4: 00 p. m. on school days or time limits and days as requested by the limits shall be clearly indicated on signs erected adjacent to the passenger loading zone. E. Loading zones shall be indicated by yellow paint upon curbs within such zones. F. Passenger loading zones shall be indicated by white paint upon curbs in such zones. Prior Code 18- 62; Ord. No. 70- 17, Enacted 5/ 4/ 70; Ord. No. 19- 08, Amended, 5/ 28/ 19)

Section 10. 40. 020 Curb Markings to Indicate No Stopping or Parking

A. The City Traffic Engineer is authorized, subject to the provisions and limitations of

this title, to place, and when required in this chapter shall place, the following curb markings to indicate parking or standing regulations, and such curb markings have the meanings set forth in this section. 1. Red means no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone only when marked or signed as a bus zone. 2. Yellow means no stopping, standing or parking at any time between 7: 00 a. m. and 6:00 p. m. of any day except Sundays and holidays for any purpose other than the loading or unloading of passengers or materials, provided that the loading or unloading of passengers does not consume more than three minutes nor the loading or unloading of materials

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more than 20 minutes. 3. White means no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mail box, which shall not exceed three minutes and such restrictions apply between 7:00 a. m. and 6:00 p. m. of any day except Sundays and holidays and except as follows: a. When such zone is in front of a hotel or in front of a mail box the restrictions apply at all times. b. When such zone is in front of a theater the restrictions apply at all times except when such theater is closed.

4. When the City Traffic Engineer as authorized under this title has caused

curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section. Prior Code 18- 63; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 40. 030 Effect of Permission to Load or Unload

A. Permission granted in this chapter to stop or stand a vehicle for purposes of

loading or unloading of materials applies only to commercial vehicles and does not extend beyond the time necessary therefore, and in no event for more than 20 minutes. B. The loading or unloading of materials applies only to commercial deliveries, also the delivery or pick-up of express and parcel post packages and United States mail. C. Permission granted in this chapter to stop or park for purposes of loading or unloading passengers includes the loading or unloading of personal baggage, but does not extend beyond the time necessary therefore and in no event for more than three minutes. D. Within the total time limits specified in Subsections A through C of this section the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading, but without permitting abuse of the privileges granted by this section. Prior Code 18- 64; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 40. 040 Standing for Loading or Unloading Only

No person shall stop, stand, or park a vehicle in any yellow loading zone for any purpose

other than loading or unloading passengers or material for such time as is permitted in Section 10. 40. 030. Prior Code 18- 65; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 40. 050 Standing in Passenger Loading Zone

No person shall stop, stand or park a vehicle in any passenger loading zone for any

purpose other than the loading or unloading of passengers for such time as is specified in Section 10.40. 030. Prior code 18- 66; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 40. 060 Standing in Any Alley

No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley and in no event shall such stopping or parking be for a period longer than 30 minutes. Prior Code 18- 67; Ord. No. 70- 17, Enacted 5/ 4/ 70)

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Section 10. 40. 070 Bus Zones to be Established

A. Subject to approval by resolution of the City Council, the City Traffic Engineer is

authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof. B. Coach zones shall normally be established on the far side of an intersection. Prior Code 18- 68; Ord. No. 70- 17, Enacted 5/ 4/ 70)

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Chapter 10. 44

Truck Routes and Weight Limits

Sections:

10. 44. 010 Designation of Truck Routes
11. 44. 020 Commercial Vehicles Prohibited from Using Certain Streets
12. 44. 030 Movement of Heavy Vehicles and Equipment - Permit Required

Section 10. 44. 010 Designation of Truck Routes

A. Whenever any resolution of this City designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of seven tons, the City Traffic Engineer is authorized to designate such street or streets by appropriate signs as " truck routes" for the movement of vehicles exceeding a maximum gross weight limit of seven tons. B. When any such truck route or routes are established and designated by appropriate signs the operator of any vehicle exceeding a maximum gross weight limit of seven tons shall drive on such route or routes and none other except that nothing in this section prohibits the operator of any vehicle exceeding a maximum gross weight of seven tons coming from a " truck route" having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of materials to be used in the actual and bona fide repair, alteration, delivering remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefore. C. The provisions of this section do not apply to: 1. Passenger buses under the jurisdiction of the public utilities commission, 2. Any vehicle owned by a public utility while necessarily in use in the construction, installation, or repair of any public utility. 3. Vehicles used for collection and transportation of garbage, rubbish, or refuse using traditionally used routes when the solid waste management plan designates such routes. D. Those streets and parts of streets established by resolution of the City Council are declared to be truck routes for the movement of vehicles exceeding a maximum gross weight of seven tons. Prior Code 18- 69; Ord. No. 70- 17, Enacted 5/ 4/ 70, Ord. No. 91- 19, Amended, 07/ 23/ 91)

Section 10. 44. 020 Commercial Vehicles Prohibited from Using Certain Streets

A. Whenever any resolution of this City designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the City Traffic Engineer shall erect and maintain appropriate signs on those streets affected by such ordinance. B. Those streets and parts of streets established by resolution of the City Council commercial vehicle. Theare declared to be streets, the use of which is prohibited by any provisions of this section do not apply to passenger buses under the jurisdiction of the public utilities commission. Prior Code 18- 70; Ord. No. 70- 17, Enacted 5/ 4/ 70)

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and Equipment - Permit RequiredSection 10. 44. 030 Movement of Heavy Vehicles

A. No person shall move or operate upon any of the city streets any vehicle with a

load or loads in excess of those permitted by the Vehicle Code without a written permit from the City Traffic Engineer. B. The City Traffic Engineer may, by written permit, authorize a load or loads in excess of those allowed for in the Vehicle Code, if, in his judgment, the streets upon which such vehicle is to be operated can safely withstand the additional weight, or if the applicant will guarantee to the City that all costs of repair to the streets or to the public property of the City movement of such load or loads will be paid in full. Such permit shall bedamaged by the granted upon such conditions and upon depositing such bond or cash bond as the City Traffic Engineer in his discretion may require. Prior Code 18- 72; Ord. No. 70- 17, Enacted 5/ 4/ 70)

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Chapter 10. 48

Trai ns

Sections:

10. 48. 010 Railway Crossing Gates
11. 48. 020 Trains Not to Block Crossings

Section 10. 48. 010 Railway Crossing Gates

No person shall drive any vehicle through, around or under any crossing gate or barrier at

a railroad grade crossing while such gate or barrier is closed or is being opened or closed. Prior Code 18- 74; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 48. 020 Trains Not to Block Crossings

No person shall cause or permit any railway train or railway cars or similar vehicle on rails to stop or stand or to be operated in such a manner as to prevent the use of any street for the purposes of travel for a period of time longer than ten minutes, except that this provision does not apply to railway trains, cars or similar vehicles on rails while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or similar vehicle on rails to stop at or near the scene of the accident. Prior Code 18- 75; Ord. No. 70- 17, Enacted 5/ 4/ 70)

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Chapter 10. 52

Speed Limits

Sections:

10. 52. 010 Increasing State Speed Limit in Certain Zones
11. 52. 020 Decrease of State Law Maximum Speed
12. 52. 030 Decrease of State Law Speed Between Districts
13. 52. 040 Regulation of Speed by Traffic Signal

Section 10. 52. 010 Increasing State Speed Limit in Certain Zones

The Traffic Engineer may, subject to approval by resolution of the City Council,

determine upon the basis of an engineering and traffic investigation that the speed permitted by state law upon a street is less than is necessary for safe operation of vehicles thereon by reason of the designation and sign posting of such street as a through highway and/ or by reason of widely spaced intersections, and it is declared that the prima facie speed limit shall be as set forth in such resolution on that street or part of such street therein designated when signs are erected giving notice thereof. Prior Code 18- 76; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 52. 020 Decrease of State Law Maximum Speed

The Traffic Engineer may, subject to approval by resolution of the City Council,

determine upon the basis of an engineering and traffic investigation that the speed permitted by state law outside of business and residence districts as applicable under a street is greater than is reasonable or safe under the conditions found to exist upon such street, and it is declared that the prima facie speed limit shall be as set forth in such resolution on that street or part of such street therein designated when signs are erected giving notice thereof. Prior Code 18- 77; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 52. 030 Decrease of State Law Speed Between Districts

Reference is made to the portions of the street where the state law of 65 miles per hour is applicable for a distance of not exceeding 2, 000 feet in length between districts, either business or residence, where the Traffic Engineer may, subject to approval by ordinance of the City Council, determine upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the described portions of such streets which are not state highways is greater than is reasonable or safe under the conditions found to exist upon the described portions of such streets, and it is declared that the prima facie speed limit shall be as set forth in such ordinance on those portions of streets therein designated when signs are erected giving notice thereof. Prior Code 18- 78; Ord. No. 70- 17, Enacted 5/ 4/ 70)

Section 10. 52. 040 Regulation of Speed by Traffic Signals

The City Traffic Engineer is authorized to regulate the timing of traffic signals so as to

permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and shall erect appropriate signs giving notice thereof. Prior Code 18- 79; Ord. No. 70- 17, Enacted 5/ 4/ 70)

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Chapter 10. 56

Abandoned Vehicles

Sections:

10. 56. 010 Findings and Declarations
11. 56. 020 Definitions
12. 56. 030 Exceptions to Provisions
13. 56. 040 Provisions Supplementary
14. 56. 050 Administration of Provisions
15. 56. 060 Right of Entry for Removal
16. 56. 070 Fixing of Removal Costs
17. 56. 080 Abatement and Removal Procedure - Authority of Code Enforcement Officer
18. 56. 090 Abatement and Removal Procedure - Notice of Intention to Abate and Remove
19. 56. 100 Abatement and Removal Procedure - Request for Hearing - Notice
20. 56. 110 Abatement and Removal Procedure - Hearings before Council - Decision
21. 56. 120 Abatement and Removal Procedure - Appeals
22. 56. 130 Removal or Disposal of Vehicle or Parts
23. 56. 140 Notice of Removal to Department of Motor Vehicles
24. 56. 150 Delinquent Costs to be Assessed Against Land
25. 56. 160 Unlawful Parking of Abandoned Vehicles
26. 56. 170 Failure to Comply with Order or State Law

Section 10. 56. 010 Findings and Declarations

In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property not including highways, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. Prior Code 18- 80; Ord. No. 69- 73, Enacted 12/ 1/ 69; Ord. No. 72- 18, Amended 5/ 22/ 72)

Section 10. 56. 020 Definitions

As used in this chapter: Highway" means a way or place of whatever nature, publicly maintained, and open to

the use of the public for purposes of vehicular travel. Highway includes street. Owner of the Land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. Owner of the Vehicle" means the last registered owner and legal owner of record. Public property" does not include " highway."

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Vehicle" means a device by which any person or property may be propelled, moved or

drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. Prior Code 18- 80; Ord. No. 69- 73, Enacted 12/ 1/ 69; Ord. No. 72- 18, Amended 5/ 22/ 72)

Section 10. 56. 030 Exceptions to Provisions

A. This chapter does not apply to: 1. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or 2. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk dealer. B. Nothing in this section authorizes the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 ( commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. Prior Code 18- 81; Ord. No. 69- 73, Enacted 12/ 1/ 69)

Section 10. 56. 040 Provisions Supplementary

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or

inoperative vehicles within the city. It supplements and is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the state or any other legal entity or agency having jurisdiction. Prior Code 18- 82; Ord. No. 69- 73, Enacted 12/ 1/ 69)

Section 10. 56. 050 Administration of Provisions

Except as otherwise provided in this chapter, the provisions of this chapter shall be

administered and enforced by the Code Enforcement Officer, or any other officer, employee, or public entity designated by the City Council from time to time. Whenever in this chapter the term " Code Enforcement Officer" is used, it is deemed to include any such other officer, employee or public entity so designated by the City Council. In the enforcement of this chapter such officer may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter. Prior Code 18- 83; Ord. No. 69- 73, Enacted 12/ 1/ 69; Ord. 72- 18, Amended 5/ 22/ 72; Ord. No. 74- 54, Amended 10/ 29/ 74; Ord. No. 86- 23, Amended 4/ 22/ 86)

Section 10. 56. 060 Right of Entry for Removal

When the City Council has contracted with or granted a franchise to any person or

persons, such person or persons, are authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. Prior Code 18- 84; Ord. No. 69- 73, Enacted 12/ 1/ 69)

Section 10. 56. 070 Fixing of Removal Costs

The City Council shall from time to time by resolution determine and fix an amount to be

assessed as administrative costs excluding the actual cost of removal of any vehicle or part

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thereof under this chapter. Prior Code 18- 85; Ord. No. 69- 73, Enacted 12/ 1/ 69)

Section 10. 56. 080 Abatement and Removal Procedure - Authority of Code Enforcement Officer

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative

vehicle, or parts thereof, on private property or public property within the city, the Code Enforcement Officer shall have the authority to enter upon such private or public property and cause the abatement and removal thereof in accordance with the procedure prescribed in this

chapter. Prior Code 18- 86; Ord. No. 69- 73, Enacted 12/ 1/ 69; Ord. 72- 18, Amended 5/ 22/ 72; Ord. No. 86- 23, Amended 4/ 22/ 86)

Section 10. 56. 090 Abatement and Removal Procedure - Notice of Intention to Abate and Remove

A ten- day notice of intention to abate and remove the vehicle, or parts thereof, as a

public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE

AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at

address) you are hereby notified that the undersigned pursuant to

section of ordinance or Municipal Code) has determined that there exists upon said land an ( or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to ( name) license number ( number) , which constitutes a public nuisance pursuant to the provisions of( ordinance or Municipal Code Chapter number). You are hereby notified to abate said nuisance by the removal of said vehicle ( or said parts of a vehicle) within ten days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle ( or said parts of a vehicle) is located. As owner of the land on which said vehicle ( or said parts of a vehicle) is located, you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Manager or his designee within such ten- day period, the Code Enforcement Officer shall have the authority to abate and remove said vehicle ( or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid

without a public hearing. You may submit a sworn written statement within such ten- day period denying responsibility for the presence of said vehicle ( or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle, or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

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Notice Mailed Date)
Signed by City Manager)

NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE
OR PARTS THEREOF AS A PUBLIC NUISANCE

Name and address of last registered and/ or legal owner of record of vehicle - Notice should be given to both if different)

As last registered ( and/ or legal) owner of record of ( description of vehicle make, model,

license, etc.), you are hereby notified that the undersigned pursuant to ( section of ordinance or Municipal Code) has determined that said vehicle ( or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at ( describe location on public or private Property) and constitutes a public nuisance pursuant to the provisions of ( ordinance or Municipal Code Chapter number). You are hereby notified to abate said nuisance by the removal of said vehicle ( or said parts of a vehicle) within ten days from the date of mailing of this notice. As registered ( and/ or legal) owner of record of said vehicle ( or said parts of a vehicle), you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Manager or his designee within the ten- day period, the Code Enforcement Officer shall have the authority to abate and remove said vehicle ( or said parts of said vehicle) without a hearing.

Notice Mailed Date)
Signed by City Manager)

Prior Code 18- 87; Ord. No. 69- 73, Enacted 12/ 1/ 69; Ord. 72- 18, Amended 5/ 22/ 72; Ord. No. 86- 23, Amended 4/ 22/ 86)

Section 10. 56. 100 Abatement and Removal Procedure- Request for Hearing - Notice

A. Upon request by the owner of the vehicle or owner of the land received by the Code Enforcement Officer within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Manager or his designee on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten- day period, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said ten days after mailing of the notice of intention to abate and remove, the Code Enforcement Officer shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. Prior Code 18- 88; Ord. No. 69- 73, Enacted 12/ 1/ 69; Ord. 72- 18, Amended 5/ 22/ 72; Ord. No. 86- 23, Amended 4/ 22/ 86)

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Section 10. 56. 110 Abatement and Removal Procedure - Hearings before Council - Decision

A. All hearings under this chapter shall be held before the City Manager or his designee who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on such private property or public property. The City Manager or his designee shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. B. The City Manager or his designee may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the City Manager or his designee may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site. C. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the City Manager or his designee shall not assess the cost of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. D. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the City Manager or his designee but does not appear, he shall be notified in writing of the decision. Prior Code 18- 89; Ord. 72- 18, Amended 5/ 22/ 72; Ord. No. 86- 23, Amended 4/ 22/ 86)

Section 10. 56. 120 Abatement and Removal Procedure - Appeals

A. Any interested party may appeal the decision of the City Manager or his designee by filing a written notice of appeal with the City Council within five days after the decision. B. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10. 56. 090. D. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. Prior Code 18- 90; Ord. 72- 18, Amended 5/ 22/ 72; Ord. No. 86- 23, Amended 4/ 22/ 86)

Section 10. 56. 130 Removal or Disposal of Vehicle or Parts

Five days after adoption of the order declaring the vehicle or parts thereof to be a public

nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10. 56. 100, or 15 days after such action of the City Manager or his designee authorizing removal, the vehicles or parts thereof may be disposed of by removal to a scrap yard or

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automobile dismantler' s yard. After a vehicle has been removed it shall not thereafter be

reconstructed or made operable. Prior Code 18- 91; Ord. No. 69- 73, Enacted 12/ 1/ 69; Ord. 72- 18, Amended 5/ 22/ 72; Ord. No. 86- 23, Amended 4/ 22/ 86)

Section 10. 56. 140 Notice of Removal to Department of Motor Vehicles

Within five days after the date of removal of the vehicle of parts thereof, notice shall be

given to the department of motor vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the department of motor vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. Prior Code 18- 92; Ord. No. 69- 73, Enacted 12/ 1/ 69; Ord. 72- 18, Amended 5/ 22/ 72)

Section 10. 56. 150 Delinquent Costs to be Assessed Against Land

If the administrative costs and the cost of removal which are charged against the owner of

a parcel of land pursuant to Section 10. 56. 100 are not paid within 30 days of the date of the order, or the final disposition of an appeal, such costs shall be assessed against the parcel of land pursuant to Section 38773. 5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment has the same priority as other City taxes. Prior Code 18- 93; Ord. No. 69- 73, Enacted 12/ 1/ 69; Ord. 72- 18, Amended 5/ 22/ 72)

Section 10. 56. 160 Unlawful Parking of Abandoned Vehicles

It is unlawful and a misdemeanor for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the city unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. Prior Code 18- 94; Ord. No. 69- 73, Enacted 12/ 1/ 69; Ord. 72- 18, Amended 5/ 22/ 72; Ord. No. 86- 23, Amended 4/ 22/ 86)

Section 10. 56. 170 Failure to Comply with Order or State Law

It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned,

wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applicable. Prior Code 18- 95; Ord. No. 69- 73, Enacted 12/ 1/ 69; Ord. 72- 18, Amended 5/ 22/ 72)

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Chapter 10. 60

Interstate Truck Terminal Designation and Terminal Access

Sections:

10. 60. 010 Intent and Purpose - Generally
11. 60. 020 Intent and Purpose - Compliance with State and Federal Regulations
12. 60. 030 Application Process
13. 60. 040 Definitions
14. 60. 050 Cost Recovery
15. 60. 060 Revocation of Route
16. 60. 070 Appeals process
17. 60. 080 Retrofitting Ramps, Intersections and Roadways

Section 10. 60. 010 Intent and Purpose - Generally

It is the intent and purpose of this chapter to provide for the public necessity, health,

safety or general welfare through the establishment of procedures for terminal designation and truck route designation to terminals for interstate trucks. Prior Code 18- 96; Ord. No. 84- 29, Enacted 5/ 29/ 84)

Section 10. 60. 020 Intent and Purpose - Compliance with State and Federal Regulations

Since STAA1982 and AB866 revised current state law on length and width of truck combinations and implements federal requirements dealing with access to the federally designated system by interstate trucks, it is required that the City enact an ordinance delineating the process of application for terminal and route designation within the bounds of the city limits by citizens/business establishments requiring the service of such interstate trucks off the federally designated system ( i. e., I- 78). Prior Code 18- 97; Ord. No. 84- 29, Enacted 5/ 29/ 84)

Section 10. 60. 030 Application Process

A. Those persons qualifying as a " terminal," as defined in Section 10. 60. 040 of this
shall submit anchapter, and requiring terminal access from federally designated highways,

application and appropriate fee to the Public Works Department at City Hall. Said application is Attachment " A" to this chapter.* B. Upon receipt of this application, the Director of Public Works will determine the applicant' s conformance with the " terminal" designation and, if so approved, will then determine the capability of the route requested and/ or alternate routes. Capability will be determined by the adequate turning radii and lane widths of ramps, intersections and highways. Also, a determinant factor will be general traffic conditions such as sight distance, speed, and traffic volumes for safe operation. Access off the federally designated highways will require CalTrans ( District 11) approval. C. If the requested route passes through several jurisdictions ( i. e., county or other municipality), the applicant shall comply with that jurisdiction' s application process. Coordination will be the responsibility of the entity which controls the terminal' s land use. Prior Code 18- 98; Ord. No. 84- 29, Enacted 5/ 29/ 84) Editor' s Note: Attachment " A," mentioned in Section 10. 60. 030 ( A), has not been codified, but is on file in the office of the City Clerk.

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Section 10. 60. 040 Definitions

As used in this chapter, the following words shall have the meanings given in this

section: Terminal" means a facility at which freight is consolidated to be shipped, or where full load consignments may be loaded and off- loaded, or at which the vehicles are regularly maintained, stored or manufactured. Interstate Truck" means tractor semis or doubles with unlimited length, as regulated by CVC 35401. 5 ( a) ( 1) and ( 2). Prior Code 18- 99; Ord. No. 84- 29, Enacted 5/ 29/ 84)

Section 10. 60. 050 Cost Recovery

A. The fee for an application for a terminal designation is to cover the cost of reviewing route( s) and terminal designation and is to be established by City Council resolution. The application fee is nonrefundable. B. If the application for a terminal designation is approved, the applicant will be required to pay for the purchase and installation of terminal access signs and trailblazer signs. Trailblazer signs will be required at every decision point on the route to the terminal. Said costs are to be determined by the office of the Director of Public Works of the City. Prior Code 18- 100; Ord. No. 84- 29, Enacted 5/ 29/ 84)

Section 10. 60. 060 Revocation of Route

The Director of Public Works is authorized to revoke any approved route if such route

proves to be a safety hazard for any vehicular traffic. A safety hazard is defined as inability of the interstate trucks to negotiate the route and/ or such trucks causing unsafe driving conditions for other vehicular traffic and/ or pedestrians. Prior Code 18- 101; Ord. No. 84- 29, Enacted 5/ 29/ 84)

Section 10. 60. 070 Appeals Process

A. If the office of the Director of Public Works denies terminal designation and/ or

route feasibility or revokes a previously approved route per Section 10. 60. 060 of this chapter, the applicant/ terminal owner, within ten days following the date of a decision of the Director of Public Works on a revocation of terminal access or terminal designation, may appeal such decision to the City Council. An appeal shall be made on a form prescribed by the Department of Public Works and shall be filed with the City Clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the Director of Public Works or wherein its decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the Director of Public Works shall transmit to the City Clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the Director of Public Works, the findings of the Director of Public Works and his decision on the application. shall give notice to the applicant and to the appellant ( if the B. The City Clerk applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the City Council. C. If CalTrans ( District 11), and not the Director of Public Works, denies or revokes terminal access from federally designated highways, no appeal may be made to the City Council, but must be made to Cal Trans ( District 11). Prior Code 18- 102; Ord. No. 84- 29, Enacted 5/ 29/ 84)

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Section 10. 60. 080 Retrofitting Ramps, Intersections and Roadways

If all feasible routes to a requested terminal are deemed unsatisfactory by the office of the

Director of Public Works, the applicant may request retrofitting of the deficiencies, but all costs of engineering, construction and inspection will be borne by the applicant. Upon request, the City will form a benefit district to assist in cost recovery by any other " terminal( s)" using the improved route. Such benefit district costs would be in proportion to the section of route utilized. Prior Code 18- 103; Ord. No. 84- 29, Enacted 5/ 29/ 84)

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Chapter 10.64

Land Development And Building Construction Assessments For Traffic Signals

Sections:

10. 64. 010 Scope and Purpose
11. 64. 020 Definitions
12. 64. 030 Assessment Fee Schedule
13. 64, 040 Establishment of Fee and Method of Payment
14. 64. 050 Exemptions
15. 64. 060 Segregation and Use of Revenues

Section 10. 64. 010 Scope and Purpose

There is imposed by this chapter an assessment on land development and building

construction to equitably finance traffic signalization improvements as necessitated by the impact of land development and building construction on vehicular traffic flow and circulation on city streets and highways. Prior Code 18- 104; Ord. No. 85- 27, Enacted 6/ 11/ 85)

Section 10. 64. 020 Definitions

Building" means any structure built for the support, shelter and/ or enclosure of

persons, goods, chattels, animals and/ or property of any kind. Traffic Signals Systems" means and includes one or more traffic signals, traffic signal controller assemblies, interconnection facilities, traffic metering and detection systems, flashing beacons, intersection lighting, sign illumination, communication conduits, electrical equipment in structures, appurtenant signing and striping, or various combinations thereof. Prior Code 18- 105; Ord. No. 85- 27, Enacted 6/ 11/ 85)

Section 10. 64. 030 Assessment Fee Schedule

The Traffic Signal System Fee Schedule and corresponding method of computation

shall be in conformance with the Signal System Fee Policy as set by resolution by the City Council. Prior Code 18- 106; Ord. No. 85- 27, Enacted 6/ 11/ 85)

Section 10. 64. 040 Establishment of Fee and Method of Payment

The fee schedule and policy as set by resolution is established and any applicant for a

building permit shall pay the applicable traffic signal system fee prior to the issuance of a building permit for construction. Prior Code 18- 107; Ord. No. 85- 27, Enacted 6/ 11/ 85)

Section 10. 64. 050 Exemptions

Any project which, on the date of the adoption of the ordinance codified in this chapter June 11, 1985), meets any of the following criteria is exempt from the fee imposed by this chapter:

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A. A date of application for building permit prior to adoption of this chapter.
B. Alterations which do not increase the floor area of a structure or change the

primary use of the structure. C. Additions or alterations to a residential dwelling which do not constitute the addition of a dwelling unit as defined by the Building Code. Prior Code 18- 108; Ord. No. 85- 27, Enacted 6/ 11/ 85)

Section 10. 64. 060 Segregation and Use of Revenues

Any and all revenues derived from the fee imposed by this chapter shall be segregated

by accepted accounting procedures from all other sources of revenues to the City, and shall be used exclusively for traffic signalization system improvements including construction of traffic signals, modification or upgrading of existing traffic signals as needed to provide improved traffic control and safety, for streets and highways impacted by land development and/or building construction, as directed by the City Council. Prior Code 18- 109; Ord. No. 85- 27, Enacted 6/ 11/ 85)

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Chapter 10.68 Bicycles