Loading...
HomeMy WebLinkAboutOrd 12 ZONING ORDINANCE 12 AMENDED_RESCINDED_ AMENDED_RESCINDED BYflyd 13 DATE 2-3-82 BY Ord 55 DATE 7-28-83 AMENDED_RESCINDED.__ AMENDED .RESCINDED___ BYO''4' DATE 2-9-82 BY r !o ATE 11-243 AMENDED_RESCINDED,_ AMENDED ' RESCINDED BY Ord /9 DATE'S5-19-82 BY Ord 6,4 DATE/a-,2/"83 AMENDED' RESCINDED_ AMENDED .RESCINDED BY rd23 ATE1-21-72 BY Orr,6'5 DATE./-4-8'{ AMENDED RESCINDED ANDED' ME RESCINDED BYO rd 24 DATE 8-4-92 gy Ord(o8 DATE 2454V AMENDED' RESCINDED_ AMENDED' RESCINDED BYOrd.Z(o DATF,P4"p2 BY Ord 7/ DATE 3-2/-84 i AMENDID_RESCINDED AMENDED' RESCINDED_ BYOnl 28 DATE 9-/-92 BY Ord 73 DATE 5-2-84 AMENDED ' RESCINDED_ AMENDED 'L RESCINDED,_. BY Ord 29 DATE 9-/-92 BY Ord 75 DATE 541.-8y AMENDED_RESCINDED_ i•a„tonnikCgND BY Ord 30 DATE 9-1-82 BYOrd 77 DA to-!o-ff AMENDED'RESCINDED_ AMENDED,r.RESCINDED_ BY Ord 35/ DATE 1 '-92 BY elniii8 DATE 9-1 glY AMENDED RESCINDED_ BY Ord 3(, DATE/0-27-82 AMENDED_RESCINDED_ BY DATE AMENDED.'RESC INDED. BYOrN 37 DATE //-/7-8Z AMENDED_RESCINDED BY DATE AMENDED RESCINDED BYO►'d I/O DATE/2-1-82 AMENDED_RESCINDED AMENDED RESCINDED BY DATE BY Ord y2 DATE r2-/'82 AMENDED._RESC INDED_ AMENDED'RESCINDED BY DATE BY Ord 47 DATE /-5-13 AMENDED_RESC INDED_ AMENDED' RESCINDED BY DATE BY Ord 54 DATE 4-2/-S'3 000105 ORDINANCE NO. 12 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY ADOPTING BY REFERENCE CERTAIN ORDINANCES OF THE COUNTY OF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 Said ordinances shall remain in effect until appropriately repealed, amended or super- seded by this City Council .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- -1- 000106 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 . -2- 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. -3- 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, -4- 000109 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 -5- 000110