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HomeMy WebLinkAboutORD-04-00 Update to Comply with Existing LawORDINANCE NO. 4- 00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING AND/OR AMENDING VARIOUS SECTIONS OF THE ORANGE MUNICIPAL CODE WHICH REQUIRE UPDATING TO COMPLY WITH EXISTING LAW. WHEREAS, the City retained the Book Publishing Company to conduct an overall review of the Orange Municipal Code to recommend changes to ordinances which may be obsolete, superseded or unconstitutional; and WHEREAS, the City Attorney for the City of Orange has reviewed the recommendations of the Book Publishing Company and concurs with many of the recommended changes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I: Title 1 General Provisions Section 1.08.010 Violation - Misdemeanor or Infraction. Section 1.08.010 of the Orange Municipal Code is hereby amended to increase the maximum fine for a misdemeanor from "$500" to "$1,000" and to increase the maximum fine for an infraction from "$ 50" to "$100" for the first violation, from "$100" to "$200" for the second violation and from "$250" to "$500" for the third violation.Section 1.08.040 Appearance in Court - Notice. Section 1.08.040 of the Orange Municipal Code is hereby amended to increase the time specified in the Notice to Appear in Court from "five days" to "ten days".I"'"Section 1. 08.050 Appearance in Court - Place. Section 1.08.050 is hereby repealed and a new Section 1.08.050 is hereby added to read as follows:The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail." Section 1.08.090 Appearance in Court - Warrant for Arrest. Section 1.08.090 is hereby amended by replacing the words "Section 853.1 of the Penal Code" with "Penal Code Section 853.6".Title 3 Revenue and Finance Section 3. 13.020 Fee. Section 3.13.020 of the Orange Municipal Code is hereby amended by n: placing thewords "Section 17.92.010" with "Section 17.10.030".Section 3. 16.010 Applicability of Chapter. Section 3.16.010 of the Orange Municipal Code is hereby amended by adding the word "not" in front of the phrase "excepted by Section 905". Section 3. 20.010 Retention by Police Department - Sale at Public Auction. Section 3.20,010 of the Orange Municipal Code is hereby amended by changing the period of holding unclaimed property from "four (4) months" to "three (3) months".Sections 3.24. 110 Exclusions and Exemptions. Section 3.24.110 ishereby repealed and the remaining sections shall be renumbered accordingly.3.24.120 Amounts Not Subject to Tax. Sections 3.24.120(C) and (D) are hereby repealed and the remaining sections shall be renumbered accordingly.3.24.130 Application of Provisions Relating to Exclusions and Exemptions. Section 3.24.130 is hereby repealed and the remaining sections shall be renumbered accordingly.Title 5 Business Taxes and Regulations Section 5.32. 080 Grounds for Denial. Section 5.32.080, subsectionsF and H, of the Orange Municipal Code are hereby repealed and the remaining subsections shall be renumbered accordingly.Section 5.34. 020 Grounds for Revocation. Section 5.34.020(H) of theOrange Municipal Code is hereby repealed and the remaining subsections shall be renumbered accordingly.Section 5. 41.060 Buying, Reporting, and Holding Requirements. Section 5.41.060(A)ofthe Orange Municipal Code is hereby repealed and a new Section 5.41.060 is herebyadded to read as follows:The holding, reporting and identification of coins and currency shall be in conformance with Chapter 9, Article 4 of the Business and Professions Code, Section 21625, et seq."Ord.NoA-OO 2 DAD:ajj Section 5.41.070 Regulations Pertaining to Minors. Section 5.41.070 of the Orange MWllcipal Code is hereby amended by replacing the nwnber "sixteen" with "eighteen". Section 5.44.070 Application for Escort Bureau or Introductory Service Permit;Contents; Renewals; Required Fees and 5.44.130(F)(4) Escort Permit; Renewal Apltlication. Sections 5.44.070(H)(5) and 5.44,130(F)(4) of the Orange Municipal Code wherein it references subsection (h) of Section 647 of the California Penal Code are herelby amended to refer to subsection "(i)" of Section 647 of the California Penal Code.Section 5.46.010 Definitions. Section 5.46.01O(C) of the Orange Municipal Code is here: by amended to change the references to "Health and Safety Code Section 517" to Health and Safety Code Section 106615".Section 5.46.060 Hearing. Section 5.46.060 of the Orange Municipal Code is hereby amended to change the reference to "Health and Safety Code Section 517 and 529" to Health and Safety Code Section 106615 and 106710".Section 5.46.150 Health Services Fees. Section 5.46.150(A) of the Orange Municipal Code is hereby amended to change the reference to "Health and Safety Code Section 510"to " Health and Safety Code Section 101325".Section 5.56.020 Definitions. Section 5.56.020(I)(3)of the Orange Municipal Code is hen:: by amended to change all references to "Education Code Section 94311" to Education Code Section 94800, et seq.".Section 5.56.050 Operator's Permit Issuance and Denial. Section 5.56.050(A)(I)(a) of the Orange Municipal Code is hereby amended to change the reference to "Penal Code Section 647(g)" to "Penal Code Section 647(c)" and to delete the reference to Penal Code Section 650.5.Chapter 5.57 Paraphernalia for Use of Marijuana and Controlled Substances - Sale and. Display. Chapter 5.57 of the Orange Municipal Code is hereby repealed in its entirety.Section 5. 70.060 Conduct of Operation. Section 5.70.060(G) of the Orange Municipal Code is hereby deleted in its entirety and replaced with:Any and all facilities for the dispensing of food and beverages shall be inspected by the Orange County Health Department to insure compliance with all applicable food handling regulations."Section 5. 72.060 Conduct of Operation. Section 5.72.060(E) of the Orange Municipal Code is hereby repealed in its entirety and replaced with:DAD:ajj 3 Ord. No. 4-00 Any and all facilities for the dispensing of food and beverages shall be inspected by the Orange County Health Department to insure compliance with all applicable food handling regulations." Section 5.82.030 Authority of Health Officer. Section 5.82.030(B) of the Orange Municipal Code is hereby repealed in its entirety and replaced with the following: A permit under this Chapter shall be issued by the Health Officer if the applicant complies with the wiping rag provision of the Health and Safety Code, 9 118450 et seq., and any regulations adopted thereunder. The period of the permit shall be one year from the date of issuance. Any permit issued under this Chapter may be suspended or revoked in accordance with 9 118470 of the Health and Safety Code." Section 5.82.050 Violation - Penalty. Section 5.82.050 is hereby amended to replace Health and Safety Code Section 3960" with "Health and Safety Code Section 118490".Section 5.84.020 Compliance with State Regulation. Section 5.84.020 of the Orange Municipal Code is hereby amended to change the reference to "Radiation Control Law,Division 20, Chapter 7.6" to "Radiation Control Law, Division 104, Part 9, Chapter 8".Section 5.84.030 Investigation of Applicant. Section 5.84.030(A) of the Orange Municipal Code is hereby amended to change the reference to "Division 20, Chapter 7.6"to " Division 104, Part 9, Chapter 8".Cha: pter 5.96 Sale of Device for Use of Controlled Substances. Chapter 5.96 is hereby repealed in its entirety.Section 5.98.050 Location Requirements. Section 5.98.050 of the Orange Municipal Code is hereby repealed in its entirety and replaced with the following:No amusement activity shall be located in any zone unless a conditional use permit has been issued therefore."Title 6 Animals Chapter 6.12 Protection of Police Canines. Chapter 6.12 is hereby repealed in its entir, ety.Ord, No.4-00 4 DAD:ajj Title 8 Health and Safety r--Chapter 8.20 Incinerators. Chapter 8.20 is hereby repealed in its entirety. Section 8.28.010 Definitions. Section 8.28.01O(D) of the Orange Municipal Code is hen:by amended to change the reference to "Section 4270 of the California Health and Safc~ty Code" to "Public Resources Code Section 49503". Title 9 Public Peace, Morals and Welfare Section 9.09.020 Definitions. Section 9.09.020 of the Orange Municipal Code is hereby am<::nded to change the reference "California Penal Code Section 313(a)(1)(2)" to California Penal Code Section 313(a)". Section 9.12.010 Participation in Certain Games of Chance Prohibited. Section 9.12.010 of the Orange Municipal Code is hereby amended to delete the words "...Section 5.36.060 and.. .". Section 9.32.010 Carrying Concealed Weapons - Prohibited Without Permit.Section 9.32.010 of the Orange Municipal Code is hereby amended to delete the words dagger, dirk, slingshot, billy...".Title 10 Vehicles and Traffic Section 10.02.050 Bicycle Trail. Section 10,02.050 of the Orange Municipal Code is hereby amended to change the reference to "Streets and Highways Code Section 2373" to Streets and Highways Code Section 890.4".r-- Section 10.34.080 Seventy-Two-Hour Parking - Dismantled, Wrecked or Inoperative Vehicles. Section 10.34.080 is hereby amended to change the reference to Section 10.060.020" to "Section 10.02.260". Section 10.34.090 Time, Place and Manner Regulations for the Sale of Vehicles and Vessels. Section 1O.34.090(A) of the Orange Municipal Code is hereby deleted in its entirety and replaced with: No person may park or place a vehicle or vessel on private residential property for the purpose of displaying same for sale, hire or rental, except as provided in Subsection D below." DAD:ajj 5 Ord, No. 4- Section 10.34.090 Time, Place and Manner Regulations for the Sale of Vehicles and Vessels. Section 10.34.090(L) of the Orange Municipal Code is hereby amended to change the reference "California Vehicle Code Section 41103" to "California Vehicle Code Section 40202". Title 12 Streets, Sidewalks and Public Places Section 12.44.030 Public Hearing by Council. Section 12.44.030 of the Orange Municipal Code is hereby amended to increase the time specified to give notice to affected property owners for a Public Hearing by Council on conversion of utility installations to undt::rground locations from "ten days" to "fifteen days". Section 12.48.125 Violation - Misdemeanor. Section 12.48.125(E) of the Orange Municipal Code is hereby amended to delete the last sentence.Title 13 Public Utilities Section 13.60.060 Discontinuance of Service. Section 13.60.060 of the Orange Municipal Code is hereby deleted in its entirety and replaced with:Should any person fail to pay any charge fixed by this chapter at the time the same becomes due, the City may in addition to any other remedy it has by law discontinue any service or facility referred to in this chapter after notice of intended termination has been sent to the customer along with information on procedures to contest the termination. Such discontinuance of service shall continue until all delinquent charges together with additional charges incurred by resumption of service and facilities have been fully paid. (Ord. 4-99: Prior Code 7906)"Title 15 Buildings and Construction Section 15. 38.020 Fee. Section 15.38.020of the Orange Municipal Code is hereby amended to change all references made to "Orange Municipal Code Section 17.92.010" to Chapter 17 of the Orange Municipal Code".Ord.No. 4-00 6 DAD:ajj Title 17 Zoning Section 17.04.035 "P" Definitions. Section 17.04.035 of the Orange Municipal Code is I""" hereby amended to change the reference to "Section 66452 of the State Planning Law" to Section 66452 of the Government Code". Section 17.36.040 Prohibited Signs. Section 17.36.040(1) of the Orange Municipal Code is h(~reby repealed in its entirety and replaced with: J. Any sign containing "hannful matters" as defined by Chapter 9.09 of the Orange Municipal Code". Section 17.42.050 Environmental Review. Section 17.42.050 of the Orange Municipal Code is hereby amended to delete all citations to the Public Resources Code. Section 17.42.100 Facility Siting Criteria and Permitting Requirements. Section 17.42.100(A)(2) of the Orange Municipal Code is hereby amended to change the reference to "Health and Safety Code Section 25202.5(b) and (d)" to "Health and Safety Code Section 25202.5". SECTION II: Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION III: r- A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of DAD:ajj 7 Ord. No. 4- Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 22nd day of 2000. ATTEST: c;,~~-'dCassandra J. Cath , CIty Clerk of the CIty of Orange STATE OF CALIFORNIA )COUNTY OF ORANGE )CITY OF ORANGE )I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 8th day of February, 2000, and thereafter at a regular meeting of said City Council duly held on the 22nd day of Februarv , 2000, was duly passed and adopted by the following vote, to wit:AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE Cassandra J. Cathc , City Clerk ofthe City of Orange Ord.No. 4-00 8 DAD:ajj