HomeMy WebLinkAboutOrd 12 ZONING ORDINANCE 12
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000105
ORDINANCE NO. 12
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY
ADOPTING BY REFERENCE CERTAIN ORDINANCES OF
THE COUNTY OF RIVERSIDE TO REMAIN IN EFFECT
AS ORDINANCES OF THE CITY OF CATHEDRAL CITY.
The city council of the City of Cathedral City, California,
does ordain as follows :
SECTION 1 . The hereinbelow listed ordinances of the County
of Riverside , three ( 3) copies of each of which are on file in
the office of the City Clerk of the City of Cathedral City, Calif-
ornia, including any and all amendments thereto in effect as of
the date of adoption of this Ordinance , except as hereinafter
modified, are hereby adopted as ordinances of the City of Cathedral
City by reference , pursuant to the provisions of Sections 50022 . 1
et seq. of the California Government Code. Said ordinances shall
remain in effect until appropriately repealed, amended or super-
seded by this City Council .
SECTION 2 . The Riverside County ordinances which are mentioned
in Section 1 . as being herein adopted by reference are as follows :
RIVERSIDE COUNTY
ORDINANCE NUMBER SUBJECT MATTER
( 1 ) 340 - Drilling of Water Wells;
(2) 348 - Land Use Ordinance Including Zoning District
Maps;
(3) 369 - Permit System For Discharging or Depositing
Sewage;
(4) 421 - Requiring Certain Excavations to be Covered;
( 5) 431 - Controlling the Location and Operation of
Hog Ranches;
(6) 454 - Regulating Storage , Installation and Main-
tenance of Motor Fuels and Facilities
and Apparatus Therefor;
(7) 458 - Regulating Flood Hazard Areas and Implement-
ing the National Flood Insurance Program;
(8) 460 - Regulating Land Subdivision;
(9) 461 - Subdivision Road Development Standards ;
( 10) 463 - Providing for a County-Wide House Numbering
System;
( 11 ) 465 - Regulating the Sanitation, Safety and Clean-
liness of Public Swimming Pools ;
( 12) 468 - Control of Diseases in Livestock and Regulat-
ing Corrals , Stockyards and Feed Yards ;
( 13) 471 - Operation of Motor Vehicles on Riders ' and
Hikers ' Trails ;
( 14) 484 - Control of Blowing Sand;
( 15) 492 - Regulating Food Establishments Other Than
Restaurants ;
( 16) 503 - Issuance of Licenses For Cable TV Services ;
( 17 ) 521 - Regulating Transporting of Food For Commer-
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cial Purposes in Wholesale Food
Vehicles ;
( 18) 522 - Regulating Rock Festivals and Other Out-
door Festivals ;
( 19) 523 - Control of Flies by Health Officials ;
(20) 524 - Regulating Oversize and Overweight Vehicles
and Loads ;
(21 ) 525 - Regulating the Inspection, Maintenance and
Testing of Water Backflow Prevention
Devices ;
(22) 527 - Control and Abatement of Fly Breeding;
(23) 534 - Control of Animals Running at Large Other
Than Dogs and Cats ;
(24) 540 - Regulation of Persons Cleaning Cesspools
and Similar Facilities ;
(25) 543 - Prohibiting Public Exposure of Private Parts
and Female Breasts by Waiters , Waitresses
and Entertainers ;
(26) 547 - Implementing the Alquist-Priolo Special
Studies Zones Act re Geologic Reports ;
(27) 551 - Control of Bees ;
(28) 554 - Establishing Health Service Fees ;
(29) 555 - Implementing the Surface Mining and Reclama-
tion Act of 1975 ;
( 30) 565 - Establishing Health Service Fees Relating
to Commercial Poultry Ranches ;
( 31 ) 567 - Regulating Food Handlers .
SECTION 3 . Adoption by Reference of Implementing Regulations .
Additionally, all resolutions , rules and regulations of the County
of Riverside which have been so applicable in implementation of the
aforesaid ordinances or of mandates of State law ( such as , but not
limited to, the California Environmental Quality Act) , including the
fixing of fees , to the extent that the same are effective as of the
date of adoption of this Ordinance and are not inconsistent with
any similar enactment or ordinance of this City, shall remain in full
force and effect as resolutions , rules and regulations , respective-
ly, of the City of Cathedral City, unless or until superseded by any
enactment , rule or regulation, present or future , of this City.
SECTION 4 . Declaration of Intent Regarding Substitution of
Terms . Certain provisions of the county enactments referred to in
Sections 2 and 3 of this Ordinance reflect the county governmental
structure and contain references to officials , official titles ,
commissions , and other designations which are not a part of the
internal structure of this City' s government . In order to effec-
tively and intelligently administer the county enactments to the
extent that they are continued in effect by this Ordinance, it is
the purpose of this Ordinance to provide for the substitution of
the appropriate city officials , titles , or designations in the
said county enactments .
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000107
SECTION 5. Substitution of appropriate References to City.
(a) Whenever in the enactments of the County of Riverside which
are continued in effect by this Ordinance there is a reference to
"Board of Supervisors" , this reference shall be interpreted to mean
the "City Council of the City of Cathedral City" .
(b) Whenever in the enactments of the County of Riverside which
are continued in effect by this Ordinance there is reference to
"unincorporated area" , this reference shall be interpreted to mean
"area within the City of Cathedral City. "
(c) Whenever it is appropriate under the circumstances , and
in the enactments of the County of Riverside which are continued
in effect by this Ordinance , there is a reference to the "County
of Riverside" , said reference shall be interpreted to mean the
"City of Cathedral City. "
(d) Whenever in the enactments of the County of Riverside
which are continued in effect by this Ordinance there is a refer-
ence to an office , department , official title , or other designation,
the reference shall be interpreted to mean that office , department ,
title , or designation in the governmental structure of the City, or
if there is none , any official or department or titleholder in the
City which has been specifically directed by the City Council or
the City Manager to perform the functions referred to or the duties
imposed. If the Riverside County official , department , titleholder
or other designation continues by law or by contract or otherwise
to perform the functions referred to or the duties imposed, then
the said reference shall not be changed until such time as there
is a change in that situation of functions performed or duties im-
posed.
(e) Whenever in the enactments of the County of Riverside
which are continued in effect by this Ordinance , there is a refer-
ence to "Planning Commission, " "Area Planning Council , " "East Area
Planning Council , " "Land Division Committee" or "Desert Area Land
Division Committee , " such reference shall be interpreted to mean
that these agencies are acting as agents or agencies of the City
of Cathedral City, until such time as the City Council has created
an agent or agency( ies) within the city government structure to
otherwise perform the functions of the said County agency or agen-
cies , and until such time as said City agent or agency has com-
menced functioning and has been directed to undertake the particu-
lar function or functions theretofore performed by the said County
agency or agencies .
SECTION 6 . Violations . Punishment . (a) It shall be unlaw-
ful for any person to violate any provision or to fail to comply
with any of the requirements of any County ordinance adopted by
reference by this Ordinance . Any person violating any of such
provisions or failing to comply with any of the mandatory require-
ments of any ordinance adopted by reference by this Ordinance shall
be guilty of an infraction, unless such violation is specifically
prosecuted as constituting a misdemeanor . Each such person shall
be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of any ordinance
adopted by reference by this Ordinance , is committed, continued,
or permitted by such person, and may be punished accordingly.
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000108
(b) Any provision or requirement of any ordinance adopted
by reference by this Ordinance , the violation of which or the fail-
ure to comply with which, is designated as an infraction, shall
be prosecutable as a misdemeanor upon a third violation and each
violation thereafter of the same provision by the same individual .
In addition, any such violation or failure to comply may be prose-
cuted originally as a misdemeanor in the discretion of the city
attorney or any deputy district attorney, upon a showing by the
enforcing agency of the seriousness of the particular alleged
violation.
(c) Any person convicted of a misdemeanor under the provis-
ions of the Ordinance shall be punishable by a fine of not more
than Five Hundred Dollars ($500) , or by imprisonment in the County
jail for a period not exceeding six (6) months , or by both such
fine and imprisonment .
(d) Any person convicted of an infraction under the provis-
ions of this Ordinance shall be punishable for a first conviction
by a fine of not more than Fifty Dollars ($50) , for a second con-
viction within a period of one year by a fine of not more than
One Hundred Dollars ($100) , and for a third or any subsequent
conviction within a period of one year by a fine of not more than
Two Hundred Fifty Dollars ($250) .
SECTION 7 . Whenever in any provision of any County ordinance
adopted by this Ordinance , the word "shall" is used in connection
with actions , functions or responsibilities of any public officer,
employee , agent , department , division, bureau, council , commission,
board, agency or the City itself, such word is not intended by
this City Council and shall not be construed as imposing any man-
datory duty to act in any specific manner , but such word shall be
construed in the same sense as "may" and is intended only to vest
a discretion to act or not to act , in accordance with the reason-
able exigencies of the particular situation.
SECTION 8 . VALIDITY. If any section, subsection, clause
or phrase of this Ordinance or of any County ordinance adopted
thereby is for any reason held by a court of competent jurisdic-
tion to be invalid, such a decision shall not affect the validity
of the remaining portions of this Ordinance or of any County
ordinance adopted thereby. The City Council hereby declares that
it would have passed this Ordinance and each section or subsec-
tion, sentence , clause and phrase thereof, and of each County
ordinance adopted hereby irrespective of the clauses or phrases
being declared invalid.
SECTION 9 . EFFECTIVE DATE . This Ordinance shall be in
full force and effect thirty (30) days after passage , and shall
be operative on March 16 , 1982 .
SECTION 10. POSTING. The City Clerk shall , within 15 days
after the passage of this Ordinance , cause it to be posted in
at least the 3 public places designated by resolution of the
City Council ; shall certify to the adoption and posting of this
Ordinance ; and shall cause this Ordinance and its certification,
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together with proof of posting, to be entered in the book of
ordinances of this City.
The foregoing Ordinance was introduced after reading of the title
and of the titles of the County ordinances adopted thereby, before
the City Council of the City of Cathedral City, California, at a
regular meeting of the City Council , and thereafter , following
1 the public hearing pursuant to California Government Code Section
50022 . 3 , the foregoing Ordinance was finally adopted at a regular
meeting of said City Council held on February 3 , 1982 , by the
following vote .
Ayes : Councilmembers Case , Hollister , Krings , Smith and
Mayor Murphy
Noes : None
Absent: None
A le
A '//./. At . ✓i/.,
MAYOR /
ATTEST:
/�/■/ / / _ , . e
CITY CLER
APPROVED AS TO FORM: APPROVED AS TO /CONTENT:
AtLe / J2 41/ AP'
• Ai- 14^...4.A.A.AA,i-\--... l\, 01....... ...=.........
ITY ATTORNEY CITY MANAGER (ACTING)
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE
NO. / WAS DULY ADOPTED BY THE CITY COUNCIL
OF THE CITY OF CATHEDRAL CITY, CALI9NIA, IN A
MEETING THEREOF HELD ON THE .3- DAY D ,
198 , AND THAT SAME WAS POSTED IN AT LEAST THE THREE
PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID
CITY COUNCIL
474-2ZI/.�Q
CITY CLERK
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