HomeMy WebLinkAboutORD-01-80 ADOPTING THE ORANGE MUNICIPAL CODE AS PUBLISH BY BOOK PUBLISHING CO SEATTLE WASHINGTONCITY ',ENS: please pub~ish Wednesday, January 30, 1980 only and send PROOF
OF OF PUBLICATION to C~ty Clerk, P.O. Box 449, Orange, California 92666.
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ORDINANCE NO. 1-
80 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADOPTING THE "ORANGE MUNICIPAL
CODE"AS PUBLISHED BY BOOK PUBLISHING COMPANY,
SEATTLE,WASHINGTON, TOGETHER WITH THOSE SECONDARY
CODES ADOPTED BY REFERENCE AS AUTHORIZED BY
THE CALIFORNIA STATE LEGISLATURE, SAVE AND
EXCEPT THOSE PORTIONS OF THE SECONDARY CODES AS
ARE DELETED OR MODIFIED BY THE PROVISIONS OF
THE ORANGE MUNICIPAL
CODE."WHEREAS, the California State Legislature has provided
for the codification and publication of the permanent and
general ordinances of cities in Sections 50022.1-50022.8 and 50022.
10 of the California Government
Code; and WHEREAS, the Book Publishing Company,
Seattle, Washington,has compiled, edited and published a codification of
the permanent and general ordinances of the City of Orange,
California; and
SECTION I:WHEREAS, there have been filed and there are now on
file in the office of the City Clerk, for public inspection,
three copies of a document entitled "Orange Municipal Code,"
together with three copies of each of the secondary codes therein
adopted
by reference.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN
AS FOLLOWS:Pursuant to the provisions of sections 50022.1-
50022.8 and 50022 .10 of the California Government Code,
there is hereby adopted the "Orange Municipal Code" as published
by Book Publishing Company, Seattle, Washington, together with
those secondary codes adopted by reference as authorized by
the California State Legislature, save and except those portions
of the secondary codes as are deleted or modified by the provisions
of the "
Orange Municipal
Code."SECTION II:Sections 1.01.010 through 1.01.140 are hereby
added to the Orange Municipal Code to
read as follows:Section 1. 01. 0 10 Title - Citation -
Reference This code shall be known as the "Orange Municipal
Code"and it shall be sufficient to refer to said code as
the Orange Municipal Code" in any prosecution for the
violation of any provision thereof,or in any proceeding at law
or equity. It shall be sufficient to designate any
ordinance adding to, amending, correcting or repealing all or any
par~or portion thereof as an addition to, amendment to, correct~
on or repeal of the "Orange Municipal Code." Further
reference may be had to the titles, chapters, sections and
subsections of the "Orange Municipal code" and such references
shall apply to that numbered title, chapter, section or
subsection as it appears in the
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Section
1.01.020 Codification Authority This
code consists of all the regulatory and penal ordinances
and certain of the administrative ordinances of the
City of Orange, California, codified pursuant to the provisions
of Sections 50022.1-50022.8 and 50022.10 of the
California Government Code.
section 1.01.030 Ordinances Passed Prior to Adoption of
the Code
The last ordinance included in this code was Ordinance
No. 62-79, passed November 27, 1979. The following
resolution and ordinances, passed subsequent to Ordinance No.
62-79,but prior to adoption of this code, are hereby
adopted and made a part of this code: Resolution No. 5116
and Ordinances No. 63-79, 64-79, 65-79, 66-
79, 68-79, 1-80, 5-80 and 6-
80.Section 1.01.040 Reference Applies to all Amendments Whenever
a reference is made to this code as the .Orange Municipal
Code" or to any portion thereof, or to any ordinance
of the City of Orange, California, the reference
shall apply to
all amendments, corrections and additions heretofore, now or hereaftermade.
section 1. 01.050 Title, Chapter and
Section Headinl:{s Title, chapter and section headings contained herein shall
not be deemed to govern, limit, modify or in any
manner affect the scope, meaning or intent
of the provisions of any title, chapter or
section hereof.Section 1.01.060 Reference to Specific Ordinances
The provisions of this code shall not in any manner
affect deposits or other matters of record which refer
to,or are otherwise connected with ordinances which are
therein specifically designated by number or otherwise and which
are included within the code, but such reference
shall be construed
to apply to the corresponding provisions contained within this code.Section 1. 01.
070 Effect of Code on Past Actions and Obl igations
Neither the adoption of this code nor the repeal or amendment
hereby of any ordinance or part or portion of any ordinance
of the City shall in any manner affect
the prosecution for violations of ordinances, which violations were committed prior
to the effective date hereof, nor be construed as a
waiver of any license, fee, or penalty at said effective
date due and unpaid under such ordinances, nor be
construed as affecting any of the provisions of such ordinances
relating to the collection of any such license, fee,
or penalty, or the penal provisions applicable to any violation thereof,
nor to affect the validity of any bond or cash
deposit in lieu thereof required to be posted, filed
or deposited pursuant to any ordinance and
all rights and
obligations
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section
1.01.
080 Effective Date This code shall
become effective on the date the ordinance adopting this
code as the .Orange Municipal shall become effective.
Code.Section 1.
01.
090 Constitutionality If any section,
subsection, sentence, clause or phrase of this code
is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the
remaining portions of this code. The council herebr declares
that it would have passed this code,and each sect1on,
subsection, sentence, clause and phrase thereof, irrespective of
the fact that anyone or more sections, subsections, sentences,
clauses or phrases had been declared invalid
or unconstitutional, and if for any reason this
code should be declared invalid or unconstitutional, then the
original ordinance or ordinances shall be in
full force and effect.Section 1.01.
100 Restatements and Continuations The provisions of
this code, insofar as they are substantially the same
as ordinance provisions previously adopted by the
City of Orange reI ating to the same subject matter, shall be
construed as restatements and continuations,and not as
new enactments.Section 1. 01.
110 Repeal All ordinances or
portions of ordinances in conflict with the provisions
of this code are hereby repealed.Section 1. 0
1.12 0 Distribution of Code In accordance with
the provision of section 36971 of the Government Code,
not less than three copies of this code shall be filed
for use and examination by the public in the office of the
City Clerk. At least three copies, duly certified to by
the City Clerk, shall be permanently bound and maintained on
file in the office of the City Clerk.Additional copies shall
be prepared in loose-leaf form and shall be
mounted to withstand heavy usage in such binders as the City
Council may prescribe. Copies thereof shall be distributed to
the departments and divisions of the City as prescribed by
the council.Section 1.
01.13 0 Notation of Amendments Upon the
adoption of any amendment or addition to this code, or
upon the repeal of any of its provisions, the City Clerk shall
certify thereto and shall make an appropriate notation in
the bound volumes of this code of the taking of such action,
noting thereon the number of the ordinances pursuant to
which such action is taken. Duly certified copies of
every ordinance making changes in this code shall be filed
in the office of the City Clerk in books for such purpose, duly
indexed for ready reference.3-
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1. 01.140 Printing Amendments ii
The
City Clerk shall prepare printed copies of such changes
for i~ser~ion.in the loose-leaf copies of this code
and for distr~but~on ~n accordance with the instructions of
the Council. Every section of the code so changed shall
have printed thereon a notation of the ordinance number
pursuant to which such change is adopted.
At least twice yearly, the City Clerk shall cause the
loose-leaf pages of this code in which changes have
been made, to be reprinted, including the notation as to
the ordinance number pursuant to which such change is
adopted in order that at least twice yearly the loose-
leaf copies'of this code may be brought up
to date.
SECTION III:
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W The following
penalty provisions are included in the Orange Municipal Code
and herein set forth as required by Section 50022.4 of the
California Government Code:i.'m.j/
Section
1.
08.
010 Violation a Misdemeanor 2'No person
shall
violate any provision or fail to comply with any of
the requirements of this code. Any person violating any of
the provisions or failing to comply with any of the
requirements of this code shall be gu.ilty of a misdemeanor. Any person
convicted of a misdemeanor under this code shall
be punished by a fine of not more than five hundred dollars,
or by imprisonment in the city or county jail for
a period not exceeding six months, or by both such fine
and imprisonment. Each such person shall be guil ty of
a separate offense for each and every day during any portion of
which any violation of any provision of this code is committed,
continued, Or permitted by such person and shall be
punishable accordingly. (Prior Code Section 1200 )f"0:
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1.
08.
020
Violation Deemed Nuisance--Abatement k In addition
to
the penalties provided in Section 1.08.010,any condition caused
or permitted to exist in violation of any of the
provisions of this code shall be deemed a public nuisance and may
be summarily abated as such by the city,and each day
such condition continues shall be regarded as a new and separate
offense. (Prior Code Section 1201)t,Section 1.
08.
030 ApPearance in Court--When Required li,',i:'
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If
any person is arrested for a violation of any provision of this
code, and such person is not immediately taken before a
magistrate, as more fully set forth in the Penal Code of
California, the arresting officer shall prepare in duplicate a
writ,ten notice to appear in court, containing the name
and address of such person, the offense charged,and the
time anmd place when such person shall appear in court. (Prior
Code Section 1210)i'!i
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1.
08. 040 Appearance in Court--Notiee The
time specified in the notice to appear must be at least
five days after the arrest. (Prior Code Section 1210.1)4-
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Section 1.08.050 Appearance in Court--
Place The place specified in the notice to appear shall
be
either:a) ~efore ~ j~dge of a justice court, or a municipal
court Judge w~ th~n the county in which the offense charged
is alleged to have been committed, and who has
jurisdiction of the offense and who is nearest and most
accessible with reference to the place where the arrest is
made;
or b) Upon ~e~and of the pe:son.arrested, before a judge
of a mun~c~pal court hav~ng Jurisdiction of such
offense,at the county seat of the county in which such
offense is alleged to have been committed;
or c) Before a judge in the judicial district in which
the offense is alleged to have been committed;
or d) Before an officer authorized by the county to receive
a deposit of
bail.Prior Code section 1210.
2)Section 1.08.060 Appearance in Court--Service
of Citation The officer shall deliver one copy of the
notice to appear to the arrested person, and the arrested
person, in order to secure release, must give his written promise
so to appear in court by signing the duplicate notice
which shall be retained by the officer. Thereupon the
arresting officer shall forthwith release the person arrested
from custody.Prior Code Section
1210.
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Court--Filing Citation The officer shall as soon as
practicable file the duplicate notice with the
magistrate specified therein.Prior Code
Section 1210.4)Section 1.08.080 Appearance in Court--
Failure
to
Appear
a
Misdemeanor j;
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person appear
in court Section 1211)
Section 1.08.090 wilfully violating
his written promise to is guilty of
a
misdemeanor. (Prior
Code
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in Court--Warrant for Arrest When a person signs a written
promise to appear at the time and place specified in
the written promise to appear and has not posted bail as provided in
Section 853.1 of the Penal Code, the magistrate
shall issue and have delivered for execution a warrant for
his arrest within twenty days after his failure to appear as
promised, or if such person promises to appear before
an officer authorized to accept bail other than the magistrate and fails
to do so on or before the date which he
promised to appear, then, within twenty days after the delivery
of such written promise to appear by the officer
to the magistrate having jurisdiction over the offense. (
Prior
Section 1. 08.100 Issuance of Citation
Nothing eont';lined in this chapter shall be deemed or
construed to requ~re any arresting officer to iSsue a citation
instead of taking the person arrested before a magistrate as
otherwise provided by law. (Prior Code Section 1212)
Section 2.12.050 Penalty
Except as otherwise provided herein, a violation of any
provision of the Ordinance shall constitute a misdemeanor as
provided by Government Code Section 91000, as said Code now
exists or hereafter may be amended, and shall be subject to
such additional penalties as are specified in the Political
Reform Act of 1974, as said Act now exists or hereafter may
be amended (Government Code Sections 81000, et seq.).
Ordinance No. 55-76, Section 1 (part), 1976; prior
Code Section 2105.
5)Section 2.68.120
Violation--Penalty It shall be a misdemeanor, punishable by a
fine of not to exceed five hundred dollars, or by
imprisonment for not to exceed six months, or both, for any person,
during an
emergency, to:Section 5.02.080 Penalty for Failure
to Pay a) Wilfully obstruct, hinder, or delay any member
of the emergency organization in the enforcement of
any lawful rule or regulation issued pursuant to this
chapter, or in the performance of any duty imposed upon
him by virtue of
this chapter.b) Do any act forbidden by any lawful rule
or regulation issued pursuant to this chapter, if such act is
of such a nature as to give or be likely to give
assistance to the enemy or to imperil the lives or
property of inhabitants of this city, or to prevent,
hinder, or delay the defense or
protection thereof.c) Wear, carry, or display, without authority,
any means of identification specified by the emergency
agency of
the State.Prior Code
Section 2319)Section 3.24.
170 Violation--Penalty Any person violating any of the
provisions of this chapter shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine
of not more than five hundred dollars or by imprisonment for
a period of not more than six months, or by both such
fine and imprisonment.Prior Code
section 2445.16)For failure to pay a business tax when
due, the business services coordinator shall add a penalty of
ten percent of the business tax on the last day of each month
after the due date thereof, providing that the amount of
such penalty to be added shall in no event exceed one hundred
percent of the amount of the business tax due. (
Ordinance No. 32-78,Section 1 (part), 1978; prior
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Section
5.02.090 Penalty for Violation Any
person violating any of the provisions of this title,
punishment for which is not otherwise provided in this
title, or knowingly or intentionally misrepresenting to any
officer or employee of this city any material fact in proe~
ring.the.business tax certificate or permit provided for ~
n th~s t~tle, shall be deemed guilty of a misdemeanor,and
upon conviction thereof shall be punishable by a fine of not
more than five hundred dollars, or by imprisonment in the
county jail for a period of not more than six months, or by
both such fine and imprisonment. (Ordinance No. 32-78,
Section 1 (part), 1978; prior Code Section 61130.8)
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Section 5.16.080 Penalties and Interest
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a) Original Delinquency. Any operator who fails to remit
any tax imposed by this chapter within the time required
shall pay a penalty of ten percent of the amount of the
tax in addition to the amount of the tax.
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b)
continued Delinquency. Any operator who fails to remit any
delinquent remittance on or before a period of thirty
days following the date on which the remittance first
became delinquent shall pay a second delinquency penalty
of ten percent of the amount of the tax in addition
to the amount of the tax and the ten percent penalty
first imposed.ii;
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c)
Fraud. If the tax administrator determines that the nonpayment
of any remittance due under this chapter is due
to fraud, a penalty of twenty-five percent of the
amount of the tax shall be added thereto in addition to
the penalties stated in subparagraphs (a) and (b) of
this section.v,
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d) Interest. In addition to the penalties imposed, any
operator who fails to remit any tax imposed by this
chapter shall pay interest at the rate of one-half
of one percent per month or fraction thereof on the
amount of the tax, exclusive of penalties, from the date
on which the remittance first became delinquent
until
paid.e) Penalties Merged with Tax. Every penalty imposed
and such interest as accrues under the provisions of
this section shall become a part of the tax herein
required to be
paid.Ordinance No. 32-78, Section 1 (part), 1978;
prior Code Section
6170.
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150 Violation--Penalty a)Any person violating any of the
provisions of this chapter shall be guilty of a misdemeanor
and shall be punishable therefor by a fine of not
more than five hundred dollars, or by imprisonment in
the county jail for a period of not more than six months,
or by both such
fine
and
imprisonment.
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Any
operator
or
other
person who fails or refuses to regi~ter as required herein,
or tofurnilllh any return requ~red to be made,
or who fails or refuses to furnish a sup~lemental return or
other data required by the tax admin~strator, or who renders
a false or fraudulent ret~rn or claim, is
guilty of a misdemeanor, and is pun~shab17 as afore~aid.
Any person required to make,render, s~gn or ver~
fy any report or claim who makes any false or fraudulent report
or claim with intent to defe~t or evad7 the
determination of any amount due requ~red by th~s
chapter, is guilty of a misdemeanor and ~s punishable as aforesaid. (
Ordinance No. 32-78,Sect~on 1 (part),
1978; prior Code Section 6170.13)Section 5.30.050
Violation--Penalty Any person violating
any of the provisions of this article, punishment for
which is not otherwise provided herein, or knowingly
or intentionally misrepresenting to any officer or employee
of this city any material fact in procuring the business permit
herein provided for, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by
a fine of not more than five hundred dollars, or by
imprisonment in the county jail for a period of not more
than six months, or by both such fine and imprisonment. (Ordinance No.
32-78, Section 1 (part), 1978;prior Code
Section 6300.4)Section 5.
46.120 Violation--Penalty Any
person violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not less than twenty-
five dollars and not more than five hundred dollars,
or by imprisonment for a period not exceeding six months, or
by both such fine and imprisonment. (Ordinance No. 32-
78,Section 1 (part), 1978; prior Code Section 6380.
11)Section 5.48.150
Violation--Penalty Any person violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not
less than twenty-five dollars and not more than
five hundred dollars,or by imprisonment for a period not exceeding
six months, or by both such fine and imprisonment. (
Ordinance No. 32-78,Section 1 (part), 1978; prior Code
Section 6390.2(d))Section
5.56.180 Violation--Penalty a) Every person, except
those persons who are specifically exempted by this chapter,
whether acting as an individual,owner, employee of the
owner, operator or employee of the operator, or whether acting
as a mere helper for the owner, employee, or
operator, or whether acting as a participant or worker in
any way, who gives massages or conducts a massage
establishment or room, or who gives oradministers, or who
practices tl,1e giving or administering of steam
baths, electric l~ght baths,electric tub baths,
shower baths, sponge baths, vapor baths, fomentation,
sun baths, mineral baths, alcohol rubs, Russian, Oriental,
Swedish, or Turkish baths, or any other type of baths,
salt glows or any type ~therapy or who does or
practices any of the other things or acts mentioned in
this chapt7r without f~rst obtaining a permit to do so from the c~
ty.or who v~olates any provision of this chapter shall
be
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ny
owner,
operator,
manager, or permittee in charge or n control of a
massage establishment who knowingly employs a person performing
all a massage technician as defined in this chapter
who is not in possession of a valid permit or who
allows such an employee to perform,operate, or practice wi
thin such a place of business is guil ty of a
misdemeanor.Any massage establishment operated,
conducted or maintained contrary to the
provisions of this' chapter shall be and the
same is unlawful and a public nuisance,and the city attorney
may, in addition to or in lieu of prosecuting a criminal action
under this chapter commence an act~on
or actions, proceeding or proceedings,for the abatement, removal
and enjoinment thereof, in the manner provided by
law; and shall take such other steps and shall apply
to such court or courts as may have jurisdiction to grant
such relief as will abate or remove such massage establishments
and restrain and enjoin any person from
operating, conducting, or maintain ing a massage establishment contrary
to the provisions of this chapter.Ordinance No.
32-78,
Section 1 (part), 1978; prior Code Section 6430.17)
c)Section 5.
70.
090 Violation--Penalty Any violation
of any provision of these regulations governing special
events shall constitute a misdemeanor and shall be
punishable as provided in Section 5.30.050 of the Orange Municipal
Code. (Ordinance No. 32-78, Section 1 part),
1978; prior Code Section 6510.8)Section
5.72.090 Violation--penalty
Any violation of any provision of these regulations
governing special pageants shall constitute a misdemeanor
and shall be punishable as provided in Section 5.30.050 of
the Orange Municipal Code. (Ordinance No. 32-78, Section
1 part), 1978; prior Code Section 6520.
8)Section 5.82.050
Violation--Penalty Any person violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor
pursuant to Health and Safety Code Section 3960. (Ordinance
No. 32-78,Section 1 (part), 1978; prior Code
section 6570.4)Section 5.
84.160 operation--Violation--Penalty No mobile X-ray
unit shall be operated unless the operator thereof has been
issued a permit and business tax certificate as
hereinbefore provided. No mobile X-ray unit shall be operated by
any person other than the applicant or the persons specified
in his permit. Any violation by any person
of any provision of these regulations governing mobile X-
ray units shall constitute a misdemeanor and shall be puniShable as provided in
Section 5.30.0~0 of the Orange Municipal
Code. (Ordinance No. 32-78, Sect~
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5.
88.180 Violation Each act
or performance in which a violation of this chapter occurs
by act of the permittee or any entertainer authorized to
perform pursuant thereto shall be deemed to be a distinct
and separate violation. (Prior Code Section 4270.17)
Section 5.
92.180 Violation--Penal ty 1)'
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Any
person violating any of the provisions of this chapter
shall be guilty of an infraction, and upon conviction thereof,
shall be subject to a fine not to exceed fifty dollars
for a first violationl a fine not exceeding one hundred
dollars for a second violation of the same section within
one yearl a fine not exceeding two hundred fifty dollars
for each additional violation of the same section within
one year. Each day that such violation is committed or
permitted to continue shall constitute a separate offense and
shall be punishable as such hereunder. (Prior Code Section
7960.12)W
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6.04.030 Violation--Penalty
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a) Any person, firm, or corporation violating any of the
provisions of this code shall be deemed guilty of a
misdemeanor and each such person shall be deemed guilty
of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions
of this code is committed, continued, or permitted, and
upon conviction of any such violation, such person
shall be punishable by a fine of not more than five
hundred dollars, or by imprisonment for not more than
six months, or by both such fine and imprisonment.
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b) In addition, these provisions governing animal control
may be enforced by injunction or other appropriate
civil remedy.
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Section 6.08.020 Keepinq of Bees--Violation of Section 6.08.
010
l All persons who are found to be in violation of
Section 6.08.010 shall be guilty of a misdemeanor.
Reasonable notice of such a violation will be given in order
that conforming relocation of bees and hives may be
obtained.After such time, all bees that are taken into custody as
a result of said violation may be destroyed without notice
to the owner or custodian thereof. (Prior Code Section
4125)
Vi;
a Section 8.04.090 Violation--
Public
Nuisance f In addition to the penalties provided in Section 1.
08.010 of the Orange Municipal code, any condition caused
or permitted to exist in violation of any provision of this
chapter shall be deemed a public nuisance and. shall be subject
to ~he remedies provided by law. (Ord~nance No. 6-
77, Sechon 1 part), 1977; prior
Code
Section
9708)
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section 8.04.100 Violat!on--Mi~d~
eanor Any person violating any of the provisions of
this chapter shall be guilty of a misdemeanor and upon
conviction shall be subject to the penalties provided i~ Section 1.08.
010 of the Orange Municipal Code. (Ordinance No. 6-
77, Section 1 (part), 1977; prior Code
Section 9707)section 8.16.090 Failure to
Abate
Nuisance--Penaltv i"a) Other remedies not excluded, the
provisions of this chapter are to be construed as an
added remedy of abatement of the nuisance hereby declared
and not in conflict with or derogation of any
other actions or proceedings or remedies otherwise
provided by law.b) Penalty for Failure to Abate
Nuisance. Any record owner or person having control or
possession of any place or premises upon which a fly
breeding hazard has been found to exist by the fly abatement
board or fly abatement hearing officer who refuses
or neglects to abate such nuisance or to perform all
work necessary to prevent its recurrence in accordance
with and within the time specified in such written notice
of the board or hearing officer shall be guilty
of
a
misdemeanor.
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Violation--
Public
Nuisance
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hazard as defined in Section 8.16.010(e) shall be guilty
of a misdemeanor and may be prosecuted criminally
without first complying with the requirements of Sections 8.16.040 and
8.16.050 except that reasonable notice in writing
shall be given prior to
filing
such complaint.F Prior
Code Section 5207)Any violation of this chapter is a
public nuisance and may be abated in accordance with law. The
expense of such abatement may, by resolution of the City
Council, be declared to be a lien against the property on which
such nuisance is maintained, and such lien shall be made
a personal obligation of the property owner. (Prior Code
Section
9500.
16)J;li Section 8.
24.
160
Violation--
Misdemeanor
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the provisions of this chapter shall be deemed guilty of
a misdemeanor. Each day such violation is committed or
permitted to continue shall consti tute a separate offense and
shall be punishable as such. The provisions of this chapter shall
not be constJ:ued as permitting conduct not presc,ribed
herein and shall not affect the enforceability of
any other applicable provisions of law. (Prior
Code
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10.64.170 Vio~ation--P$nalty
ny person receiving a citation for violation pursuant
to th:S s~ction may wi thin twenty-four hours of the time
of the e~tat~on pay to or mail to the Municipal Court
Central Orange County Judicial District, the sum of one dollar
and the same may be accepted by the Court in its discretion
for said violation. In all other cases upon conviction of
a violation of Section 10.64.050, the person convicted
shall be punished, upon a first conviction, by a fine of not
less than one dollar nor more than fifty dollars, and upon
a second conviction as provided in Section 42001 of
the California Vehicle Code. (Amended by Ordinance No.
22-
71)
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Violation--
Misdemeanor
i~'y,Any person violating any of the provisions
of this chapter other than Section 10.64.050 shall be
deemed guilty of
a misdemeanor.Section 10.68.
120 Violation--
Penalty
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10.68.080 which is not enacted pursuant to Section 39000
et seg. of the CalifornIa Vehicle Code) shall be guilty
of a misdemeanor.Any person convicted of any other violation
of this chapter shall be guilty of an infraction and shall
be assessed a fine not to exceed five dollars. (Added
by
Ordinance No.12-75)Section 13.16.100 Payment of
Charges--
Penal ty for Nonpayment X;:,f,'
Section 12.32.130 Violation--Penalty A person who removes a tree
without a permit to do so,or in violation of the terms
or conditions of the permit, is guil ty of a misdemeanor and
upon conviction is subject to a fine of not more
than five hundred dollars, imprisonment in the county jail for six
months, or
both. (
Prior
Code
Section
7202.
13)
K 8 Ri'I t b)All water charges are
due and payable at the finance office in the civic center
on the date they are rendered and become
delinquent thirty days thereafter. If the bill is still
unpaid forty-five days after being rendered,the water shall be
shut off and shall remain off until all bills,
deposits and service charges have been paid.If it
has been necessary to discontinue water service for nonpayment of
a bill three times in any twelve-month period,
then the consumer shall be required to post an
additional deposit in addition to all other charges to
be paid prior to reestablishment of service.The amount of the
deposit will be two times the average
water bill for the preceding twelve-month
period,
rounded
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c) Whenever a service call is made to shut off water, turn
on wate~, or any other reason connected with discontinuance
of serv7ce or nonpayment or under any ordinance, rule,
regulat~on or requirement of the City service will not
b7 restored until payme~ts of all amo~nts due, together
th a five-dollar serv~ce charge, provided the
turn-on s. made on a regu~ar work day after seven a.
m., and pr~or to three th~rty p.m. In the event
restoration of service is requested on a Saturday, Sunday,
or holiday,or before seven a.m., or after three thirty p.
m., on regular work days, a service charge of ten
dollars will be required. (Ordinance No. 46-76
Section 1 (part)1976; prior
Code Section 7612) , ,section 15.
04.130 Violation--Penaltv a) It is unlawful for any person,
firm or corporation to erect, construct, enlarge,
alter, repair, move, improve,remove, convert or demolish,
equip, use, occupy, or maintain any building or structure
in the city, or cause the same to be done, contrary
to or in violation of any of the
provisions of this Code.b) Any person, firm or corporation
violating any of the provisions of this Code shall be
deemed guilty of a misdemeanor, and each such
person shall be deemed guil ty of a separate offense for each
and every day or portion thereof during which any
violation of any of the provisions of this Code
is committed, continued, or permitted, and upon conviction
of any such violation such person shall be punishable by a
fine of not more than five hundred dollars, or
by imprisonment for not more than six months, or by both
such fine and imprisonment.c) In addition, this Code may be
enforced by injunction
or appropriate civil remedy.
Prior
Code
Section
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15.
08.
020
Violation--Penalty If i T'a) No person, firm
or corporation, whether as owner,lessee, sublessee,
or occupant, shall erect, construct,enlarge, alter,
repair, move, improve, remove, demolish,equip, use, occupy, or
maintain any building or premises,or cause or permit the same to
be done, contrary to or in violation of any of the
provisions of this Code or any order issued
by the building official hereunder.b) Any person, firm or corporation
violati,ng any of the provisions of this Code shall
be deemed guilty of a misdemeanor, and each
such person shall be deemed guilty of a separate offense for
each and every day or portion thereof during which
any violation of any of the provisions of this
Code is committed, continued, or permitted, and upon conv~
ction of any such violation such person shall be pun~shable by
a fine of not more than five hundred dollars,
or by imprisonment for not more than six months, or by
both such fine and imprisonment.c) In addition, this Code may
be enforced by
injunction or appropriate civil
remedy.
Prior Code
Section
8121)11
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Section
15.12.020 Violation--Penalty
a) It is unlawful for any person, firm or corporation to
erect, install, alter, repair, relocate, add to, replace,
use or maintain heating, ventilating, cooling or
refrigeration equipment in the city, or cause' the same
to be done, contrary to or in violation of any of the
provisions of this Code. Maintenance of equipment
which was unlawful at the time it was installed and
which would be unlawful under this Code if installed
after the effective date of this Code, shall constitute
a continuing violation of this Code.
b) Any person, firm or corporation violating any of the
provisions of this Code shall be deemed guilty of a
misdemeanor, and each such person shall be deemed
guil ty of a separate offense for each and every day or
portion thereof during which any violation of any of
the provisions of this Code is committed, continued, or
permitted, and upon conviction of any such violation
such person shall be punishable by a fine of not more
than five hundred dollars, or by imprisonment for not
more than six months, or by both such fine and imprisonment.
c) In addition, this Code may be enforced by injunction or
appropriate civil remedy.
Prior Code Section 8131)
Section 15.16.100 Violation--
Penalty a) Any person, firm or corporation violating any of
the provisions of this Code shall be deemed guilty of
a misdemeanor, and each such person shall be
deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of any
of the provisions of this Code is committed, continued,
or permitted, and upon conviction of any such
violation such person shall be punishable by a fine of not
more than five hundred dollars, or by imprisonment for
not more than six months, or by both such fine and
imprisonment.b) In addition, this Code may be enforced by injunction
or appropriate civil
remedy.Prior Code Section 8143(
a))Section 15.20.020
Violation--Penaltv a)No person, firm or corporation, whether
as owner,lessee, sublessee, or occupant, shall
erect, construct,enlarge, alter, repair, move, improve,
remove, demolish,equip, use, occupy, or maintain any building
or premises,or cause or permit the same to be done, contrary
to or in violation of any of the provisions of this
Code or any order issued by the building
official
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b) Any person, firm or corporation violating any of the
p:ovisions of this Code shall be deemed guilty of a
m~sdemeanor, and each such person shall be deemed
guilty of a separate offense for each and every day or
portion ~h7reof during which any violation of any of
the ~rov~s~ons of this Code is committed, continued, or
perm~tted, and upon conviction of any such violation
such P7rson shall be punishable by a fine of not more
than f~ve h~ndred dollars, or by imprisonment for not
more than s~x months, or by both such fine and imprisonment.
c) In addition, this Code may be enforced by injunction or
appropriate civil remedy.
Prior Code Section 8151)
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section 15.24.140
a) Any person, firm or corporation violating any of the
provisions of this Code shall be deemed guilty of a
misdemeanor, and each such person shall be deemed
guil ty of a separate offense for each and every day or
portion thereof during which any violntion of any of
the provisions of this Code is committed, continued, or
permitted, and upon conviction of any such violation
such person shall be punishable by a fine of not more
than five hundred dollars, or by imprisonment for not
more than six months, or by both such fine and imprisonment.
b) In addition, this Code may be enforced by injunction or
appropriate civil remedy.
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Violation--
Penalty Prior Code Section
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Violation--
Penalty
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Any
person
who violates any of the prov~s~ons of this Code hereby
adopted or fails to comply therewith, or who violates
or fails to comply with any order made thereunder, or
who builds in violation of any detailed statement of
specifications or plans submitted and approved thereunder,
or any certificate or permit issued thereunder,
and from which no appeal has been taken, or
who fails to comply with such an order as affirmed or
modified by the City Council or by a court of competent
jurisdiction, within the time fixed herein, shall
severally for each and every such violation and noncompliance
respectively, be guilty of a misdemeanor,punishable by
a fine of not more than five hundred dollars or
by imprisonment for not more than six months,or by
both such fine and imprisonment. The imposition of one
penalty for any violation shall not excuse the violation or
permit it to continue; and all such persons shall be
required to correct or remedy such violations or defects
within a reasonable time; and when not otherwise specified,
each ten days th~t prohibited conditions are
maintained shall const~tute a separate offense.The
application
of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.Prior Code
Section 3800.10)b)j(& ,?,
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Section
15.48.030 Violation--Penalty
a) Any ~e~son, firm or corporation violating any of the
prov~s~ons of this Code shall be deemed guilty of a
misdemeanor, and each such person shall be deemed
guil ty of a separate offense for each and every day or
portion thereof during which any violation of any of
the provisions of this Code is committed continued or
d "perm~tte , and upon conviction of any such violation
such P7rson shall be punishable by a fine of not more
than f~ve hundred dollars, or by imprisonment for not
more than six months, or by both such fine and imprisonment.
b) In addition, this Code may be enforced by injunction or
appropriate civil remedy.
prior Code Section 8352)
Violation of Requirements--Withholding
of Building
Permit The building official charged with the issuance of
the building permit or the issuance of certificates of use
and occupancy may withhold the issuance of a building permit
and certificates of use and occupancy of improvements on
real property where cuts or fills are made or fences or walls
are contructed in violation of the provisions of this
chapter.Prior Code Section 9113.01(
11))section 17.72.
110 SECTION
IV:
The with
the
Sections
Code:
al
b)following secondary codes, copies of which are on
file City Clerk, are adopted by reference as authorized
by 50022.1 through 50022.10 of the California
Government All of the provisions of Part 1 of Division 2 of
the Revenue and Taxation
Code.All subsequent amendments of the Revenue and
Taxation Code which relate to the sales and use tax and
which are not inconsistent with Part 1.5 of Division 2 of
the Revenue and Taxation
Code.c)The Uniform Fire Code, 1976 Edition and Appendices
A through H thereof and the whole thereof, save
and except such portions as are hereinafter deleted,
modified or amended by Sections 15.32.070-15,32.090
of the Orange
Municipal Code.Title 4, Division 1, and Title 5, Divisions 1, 2
and 3 of the Codified Ordinances of the County
of Orange governing the control, licensing, and
regulation
of
animals.d)e)Orange county Trailer Park Ordinance No. 735
as amended,adopted by the Orange
County Supervisors.Division 9, Title 7, Ordinance No. 2653, known
as the Sand, Gravel and Mineral Extraction Code of
the County
of
Orange".
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g)The Uniform Building Code, 1976 Edition and Uniform
Building Code Standards, 1976 Edition, published by the
International Conference of Building Officials, with
the changes, additions and deletions set forth in
Sections 15.04.020-15.04.080 of the Orange
Municipal
Code.
h)
i)
j)The Uniform Housing Code, 1976
Edition.The Uniform Mechanical Code, 1976
Edition.The Uniform Plumbing Code, 1976 Edition and
Appendices A through
H.k) The Uniform Code for the Abatement of Dangerous
Buildings,1976
Edition.1) The National Electrical Code, 1978 Edition, and
Appendix,with the additions, changes, and deletions set forth
in Sections 15.24.020-15.24.130 of the
Orange
Municipal Code.m) The Uniform Swimming Pool Code, 1976 Edition,
with the changes, additions and deletions set forth
in Section 15.48.020 of the Orange
Municipal Code.
SECTION V:This ordinance shall be published once within
fifteen (15)days after its passage in the Orange City News, a
newspaper of general circulation, published and circulated in the
City of Orange, and shall take effect thirty (30) days from
and after the date of its
final passage.ADOPTED this 22nd day of
January
1980.ATTEST:ci::~~i~~~"~f tit ci~
bf~~
CALIFORNIA
F ORANGE ss
ORANGE
MARILYN J. JENSEN, City Clerk of the City of Orange, California.
Y CERTIFY that the foregoing ordinance was introduced at a
meeting of the City Council dUly held on the 18th day of December
d thereafter at a regular meeting of said City Council duly
the 22nd day of January, 1980. was duly passed and adopted
following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
BARRERA, SMITH, MAYOR HOYT, PERE Z, BEA'"1
NONE
NONE
hand and seal this 23rd day of January, 1980.
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A.:-{~;1'?"'v Marilyn
J. Jensen City
Clerk of the City of Orange