The URL can be used to link to this page

Home My WebLink About1997-10-06 Ordinance 4453ORDINANCE NO. 4453 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE PALO ALTO MUNICIPAL CODE TO PROVIDE THE CITY ATTORNEY WITH DISCRETION IN THE LEVEL OF PENALTIES FOR VIOLATIONS AND TO MAKE REPEALS AND AMENDMENTS OF CERTAIN OUTDATED AND PREEMPTED SECTIONS The Council of the City of Palo Alto does ORDAIN as follows: $4CTION 1. Legislative findings. (A) The Council finds and determines that the public interest requires that the City Attorney have the discretion and flexibility to prosecute violations of the municipal code at levels that are consistent with the conduct of the violators. Amendments of the municipal code to permit the City Attorney to reduce misdemeanors to infractions in appropriate cases and to increase infractions to misdemeanors where there is a pattern of habitual conduct will promote that public interest. (B) The Council further finds that the public interest requires that periodic revision of the municipal code is necessary in order to repeal sections that no longer serve a legitimate governmental interest. or have been preempted by state statutes. (C) The Council further finds that the public interest requires that periodic revision of the municipal code is necessary in order to make editorial changes for clarification and to make revisions that are consistent with current practice and public policy. SECTION 2. Section 1.08.010 of the Palo Alto Municipal Code entitled 'Violations" is hereby amended to read as follows: 1.08.010 Penalty for violations. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. (a) Misdemeanor. Any person violating any of the provisions or failing to comply with any mandatory requirements of this code is guilty of a misdemeanor, except as otherwise specified by state law or expressly provided by this code. Unless a different penalty is expressly provided by this code, any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period not exceeding six months, or both fine and imprisonment. (b) Infraction. Any person convicted of an infraction for a violation of this code, as expressly provided herein or specified by state law, shall be punished by a fine not exceeding Two Hundred Fifty Dollars. 971009114 0051109 (c) Multiple violations. Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations of this code within the twelve month period immediately preceding the commission of the offense, or four or more violations of this code within the twenty four month period immediately preceding the commission of the offense, and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For purposes of this section, a bail forfeiture shall be deemed to be a conviction for the offense charged. (d) Separate offense. Each person is guilty 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 punished accordingly. (e) Reduction of misdemeanors to infractions. Notwithstanding any other provision of this code, whenever violation of any section of this code is punishable as a misdemeanor, the City Attorney may file a complaint or amend an accusatory pleading specifying that the offense is an infraction unless the defendant, at the time of arraignment or plea, after being informed of his or her rights, elects to have the case proceed as a misdemeanor. (f) Public nuisance. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and may be summarily abated as such by the city. Each day that such condition continues shall be regarded as a new and separate offense. SECTION 3. Section 2.04.160 of the Palo Alto Municipal Code entitled "Food and beverages prohibited in council chambers and council conference room" is hereby amended to read as follows: 2.04.160 Food and beverages prohibited in council chambers and council conference roam. No person shall consume food or beverages in the council chambers and the council conference room during council or council standing committee meetings. This section shall not prohibit council members from bringing or consuming beverages while in the council dais area or at the meeting table in the council conference room. Violations of this section shall be an infraction. SECTIO$ 4. Section 2.08.370 of the Palo Alto Municipal Code entitled "Police to note violations" is hereby repealed. SECTION 5. Section 2.30.020 of the Palo Alto Municipal Code entitled "Unauthorized purchases --Exceptions" is hereby amended to read as follows: 2.30.020 Unauthorized purchases --Exceptions. It shall be unlawful for any officer or employee to purchase or contract for supplies or services for the city other than through the manager of 2 971009 1=0051839 purchasing and contract administration (hereinafter manager of purchasing), except: (a) Purchases made from petty cash funds as authorized by the director of administrative services; (b) Emergency purchases made in conformance with control procedures established by the city manager; or (c) Contracts for legal services as authorized by this Chapter 2.30. Any purchases, contracts or obligations to pay made contrary to the provisions of this chapter shall be null and void. SECTION 6. Section 2.31.040 of the Palo Alto Municipal Code entitled "Disposition of unclaimed property other than vehicles" is hereby amended to read as follows: 2.31.040 Disposition of lost, stolen, or abandoned property other than vehicles. (a) If the owner or person entitled to the possession of lost, stolen, or abandoned property or money fails to claim the property or money, within three months, and fails to pay the charges and fees established for saving and storage of the same, the police department may sell such property to the highest bidder at public auction. Notice of such sale shall be given at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the city, The notice shall give the time and place of such sale and generally describe the property to be sold. The city manager may authorize the use of unclaimed property for city purposes. (b) Each fiscal year, the city manager may withhold from sale at public auction a number of the unclaimed bicycles with a cumulative value of not more than Five Thousand Dollars, and turn over such unclaimed bicycles to any number of charitable or nonprofit organizations, which are authorized under their articles of incorporation to participate in programs or activities designed to prevent juvenile delinquency and which are exempt from federal and state income taxation, for use in any program or activity designed to prevent juvenile delinquency. A written report of the number of unclaimed bicycles that are withheld from sale at public auction and donated to charitable or nonprofit organizations shall be made annually by the city manager to the city council. SECTION 7. Chapter 4.48 of the Palo Alto Municipal Code entitled "TRAMPOLINE CENTERS" is hereby repealed. SECTION 8. Section 4.52.060 of the Palo Alto Municipal Code entitled "Unauthorized use of premises --Offensive conduct in and around premises prohibited" pertaining to billiard rooms and bowling alleys is hereby amended to read as follows: 3 971009lac 0031859 1 • 4.52.060 Unauthorised use of premises --Offensive conduct in and around premises prohibited. (a) The licensee shall have the right to refuse admission to anyone. Those to whom admission is refused shall leave the premises immediately and shall not return for a period of at least twenty-four hours. (b) No licensee shall harbor, admit or permit to enter or remain on the premises any person under the influence of narcotics, or any intoxicated person; and no such person shall enter upon or remain upon such premises. S$CrION 9. Section 4.10.051 of the Palo Alto Municipal Code entitled "Limited exception to regulations regarding hours of solicitation" is hereby repealed. SECTION 10. Section 4.10.060 of the Palo Alto Municipal Code entitled 'Auctioneer" is hereby repealed. SECTION 11. Section 4.10.080 of the Palo Alto Municipal Code entitled "Amusement concessions --Fees" is hereby repealed. SECTION 12. Section 4.10.160 of the Palo Alto Municipal Code entitled "Theater" is hereby repealed. SECTION 13. Section 4.10.170 of the Palo Alto Municipal Code entitled "Exhibiting motion picture titles -- Misrepresentations --Advertising" is hereby repealed. SECTION 14. Section 4.10.180 of the Palo Alto Municipal Code entitled "Skating rink" is hereby repealed. SECTION 15. Section 4.10.190 of the Palo Alto Municipal Code entitled "Junk dealer" is hereby repealed. SECTION 16. Chapter 4.38 of the Palo Alto Municipal Code is hereby renumbered to read as fellows: CHAPTER 9.26 PRIVATE PATROL SERVICE SECTION 17. Section 4.38.010 of the Palo Alto Municipal Code entitled "Private patrol service defined" is hereby repealed. SECTION 18. Section 4.38.020 of the Palo Alto Municipal Code entitled "Permit required--Duration--Fee" is hereby repealed. SECTION 19. Section 4.38.030 of the Palo Alto Municipal Code entitled "Application for permit" is hereby repealed. SECTION 20. Section 4.38.040 of the Palo Alto Municipal Code entitled "Investigation by chief of police" is hereby repealed. 4 971009 1ac0051859 SBC1TON 21. Section 4.38.050 of the Palo Alto Code entitled "Surety bond" is hereby repealed. SECTIQ7 22. Section 4.38.060 of the Palo Alto Code entitled "Proof of state license and bond" is hereby SECTION 23. Section 4.38.070 of the Palo Alto Code entitled "Liability insurance on vehicles" is hereby SECTION 24. Section 4.38.080 of the Palo Alto Code entitled "Employees" is hereby repealed. sgcnoN 25. Section 4.38.090 of the Palo Alto Code entitled "Regulation of uniforms and equipment" amended a.nd renumbered to read as follows: Municipal Municipal repealed. Municipal repealed. Municipal Municipal is hereby 9.26.010 Regulation of uniforms and equipment. (a) The chief of police shall prescribe or approve the style and type of uniform, if .any, to be used by the private patrol system or patrol service for the purpose of maintaining readily apparent distinction from the uniforms worn by the regularly employed police officers of the city. (b) No equipment or motor vehicle shall be used in any business or activity permitted under this chapter, except with the prior approval of the chief of police who shall inspect such equipment or motor vehicle to insure the maintenance of a readily apparent distinction from the equipment and motor vehicles used by authorized law enforcement agencies. (c) The chief of police shall prescribe or approve the type or character of identification markings or insignia placed on any motor vehicle used in the operation of any private patrol service or patrol system. (d) For the purposes of this section, "private patrol" means any person carrying on the business or occupation of night watchman, night watch service, private policeman, or any other occupation, the purpose of which is to afford additional police or fire protection for hire or reward; provided, that a watchman or caretaker working for a single employer in a line of business other than defined herein shall not be subject to the provisions of this section; and further provided that a person operating an armored car service for transporting money or other valuable personal property under guard, shall not be subject to the provisions of this section. SECTION 26. Section 4.38.100 of the Palo Alto Municipal Code entitled "False representations prohibited" is hereby renumbered to read as follows: 9.26.020 (a) Police police officer or a False representations prohibited. Operations. No person, other than a regular duly authorized reserve officer of the city 971009 lac 00511159 5 shall, for any purpose whatsoever, represent himself or falsely represent another to be a member of the police department of this city, or use any sign, word, language or device calculated to induce a false or mistaken belief that he is acting or purporting to act on behalf of the police department of this city within the scope of any real or purported duty thereof. (b) Collection, etc. No person other than a regular police officer or a duly authorized reserve officer of this city, acting within the scope and course of his official euties, shall use any sign, badge, title or designation, or make any express or implied representation calculated to induce the belief that he is a member of the police force of this city, or connected therewith in any way, in connection with any activity directed toward the collection of any money or debt, or the repossessing, recovering, or taking of anything of value, or for any purpose of private gain whatsoever. SECTION ,27. Section 4.38.110 of the Palo Alto Municipal Code entitled "Reports" is hereby repealed. SECTION 28. Section 4.38.120 of the Palo Alto Municipal Code entitled "Scope of authority" is hereby repealed. SECTION 29. Section 4.38.130 of the Palo Alto Municipal Code entitled "Suspension or revocation of permit or license" is hereby repealed. SECTION 30. Section 4.38.140 of the Palo Alto Municipal Code entitled "Permit or license fee additional to other fees" is hereby repealed. SECTION 31. Chapter 4.46 of the Palo Alto Municipal Code entitled "Public Dances," is hereby repealed. SECTION 32. Section 4.02.210 of the Palo Alto Municipal Code entitled "Laundromats" is hereby repealed. SECTION 33. Section 5.12.010 of the Palo Alto Municipal Code entitled "Permit and conditions therefor" and pertaining to refreshment stands is hereby amended to read as follows: 5.12.010 Permit and conditions therefor. For the benefit of the public at public events or gatherings within or adjacent to the city, where large bodies of people may congregate or gather, the health officer may grant permits for the erection, operation and maintenance of refreshment stands. The health officer is authorized to make conditions of such permits as may be necessary to secure the proper sanitation of these stands. Any person who violates such operates a refreshment stand without first obtaining a permit shall be guilty of a misdemeanor. For any such permit a daily fee as set forth in the municipal fee schedule shall be charged in lieu of any other license or permit fee of this city, and shall be paid to the city treasurer. 971N191.0051$59 00:1$59 • • Any stands erected under the provisions of this chapter shall be promptly removed at the expiration of the day for which the permit is granted, and all rubbish and debris shall be likewise removed. ,SE TION 31. Section 6.16, 100 of the Palo Alto Municipal Code entitled "Leash required" is hereby amended to read as follows: 6.16.100 Leash required. No person owning or harboring any dog shall allow or permit such dog, whether licensed or not, to be upon a public street, sidewalk, park, school ground, public place or upon any unenclosed lot or land except when held under leash by an able-bodied person. Violations of this section shall be an infraction. SECTION 35. Section 6.16.080 of the Palo Alto Municipal Code entitled 'Number of dogs and female dogs allowed" is hereby amended to read as follows: 6.16.080 Number of doge and female dogs allowed. (a) No person shall keep or maintain more than three dogs at any street address within the city unless the person, family, or group of persons keeping or maintaining such dogs is operating a bona fide animal clinic or hospital or a duly licensed pet shop, dog kennel, circus, carnival, traveling show, menagerie, or dog exhibition at such street address. (b) No person shall keep or maintain more than one unspayed female dog at any street address within the city unless the person, family, or group of persons keeping or maintaining such dogs is operating a bona fide animal hospital or a duly licensed pet shop, dog kennel, circus, carnival, traveling show, menagerie, or dog exhibition at such street address. SECTION 36. Chapter 6.22 of the Palo Alto Municipal Code pertaining to pet shops is hereby renumbered to read as follows: CHAPTER 4.59 PET SHOPS 4.59.010 Housing facilities. (a) Every person who owns, conducts or operates a pet shop shall keep each animal in a housing facility which is structurally sound and in good repair to protect the animal from injury and to restrict entrance of other animals. This provision shall not be construed to prohibit the keeping of more than one animal in a single housing facility, so long as such multiple housing does not create a threat to the safety of any of the animals so housed. (b) Said facilities shall be constructed so as to prevent escape of the animals kept therein. 7 971009 !ac 0051859 i (c) Said facilities shall be of sufficient size to provide adequate and proper housing for the animals kept therein. (d) Said facilities shall provide temperature and ventilation control of a nature compatible with the needs of the animals kept therein. 4.59.020 Sanitation. (a) Every person who owns, conducts or operates a pet shop shall comply with the following: (1) All animals and all premises, enclosures or structures wherein animals are kept shall be maintained in a clean and sanitary condition, free from all obnoxious odors, substances and flies. (2) All animals and all premises, enclosures or structures wherein animals are kept shall be thoroughly cleaned, and all debris, refuse, manure, urine, waste food, or other removable material shall be removed therefrom every day or more often as necessary to effect compliance with the provisions of subsection (a) (1) of this section. Daily cleaning of animals, premises, enclosures or structures shall be completed prior to the time that the pet shop is open to the public for business. Nothing in this section shall prevent continuous cleaning of the animals, premises, structures or enclosures when the pet shop is open to the public, and after compliance with all of the above. 4.59.030 Food. Every person who owns, conducts or operates a pet shop shall supply each animal therein with sufficient good and wholesome food and fresh water as often as the feeding habits of the animal require. Food so supplied each animal shall be of a nature compatible with the dietary habits and needs of the animal. 4.59.040 Name and telephone number notification. Every person who owns, conducts, or operates a pet shop shall provide the police department and the superintendent of the animal center with the names, current address and phone numbers of persons to be notified during any hour of the day or night who will proceed at once to the location so as to permit entry to the premises by the animal control officers or the police officers of the city in the event of an emergency situation. 4.59.050 Sale of dangerous or wild animals. No person who owns, conducts or operates a pet shop shall sell a dangerous or wild animal, as defined in Section 6.28.010 of this code, without first ascertaining the place of residence of the prospective purchaser of such animals. If the prospective purchaser resides in the city, the prospective purchaser shall be advised that he must obtain a permit pursuant to Section 6.28.040 of this code before he may purchase such dangerous or wild animal. 4.59.060 Diseased and injured animals. Every person who owns, conducts or operates a pet shop shall take reasonable care to 8 971009 lac 0051859 display or release for sale, trade or adoption only those animals which are free of disease or injuries. The superintendent of the animal center or his designated appointee may order any animal which is sick, diseased, or injured to be removed from display. 4.59.070 Dead animals. Every person who owns, conducts or operates a pet shop shall remove any dead animals from display on a daily basis, or more often as necessary. 4.59.080 Permit required --Pet shop and boarding kennel. Every person who owns a pet shop or boarding kennel shall secure a permit for operation of same. The fee for such permit shall be as set forth in the municipal fee schedule. Conditions to secure the purposes of this chapter may be imposed upon a permit at the time of issuance or such later date that the superintendent of animal control deems necessary. Unannounced routine inspections of the pet shop or boarding kennel shall be required by the superintendent of animal control to insure compliance with this chapter. Such inspections shall be an automatic condition of permit approval. 4.59.090 Permit required --Grooming shop. Every person who owns, conducts, or operates a grooming shop shall secure a permit for operation of same. "Grooming shop" means any person, firm or corporation operating an establishment where live animals are groomed as a business. The fee for such permit shall be as set forth in the municipal fee schedule. Conditions to secure the purposes of this chapter may be imposed upon a permit at the time of issuance or such later date that the superintendent of animal control deems necessary. Unannounced routine inspections of the grooming shop shall be required by the superintendent of animal control to insure compliance with this chapter. Such inspections shall be an automatic condition of permit approval. 4.59.095 Sale of kittens and puppies. No person who owns, operates, conducts, or is employed by a pet shop shall display, sell, offer for sale, barter, or give away any kitten or puppy under eight weeks of age. 4.59.100 Sale of raccoons. No person who owns, operates, conducts, or is employed by a pet shop shall display, sell, or offer for sale any raccoon. 6.36.020 Sale of rabbits, chicks, ducklings. No person shall sell, offer for sale, barter, or give away any rabbits, baby chicks, ducklings, or other fowl under four weeks of age in any quantity less than six. SECTION 37. Section 6.20.030 of the Palo Alto Municipal Code entitled "Animals kept in enclosures" is hereby amended to read as follows: 6.20.030 Animals kept in enclosures. Every person who keeps horses, cows, sheep, pigs, mules, llamas and goats within the city, when not in use, shall keep them in secure enclosures all times. 971009 lac 0051859 1 • SECTION 38. Section 6.20.100 of the Palo Alto Municipal Code entitled *Penalty" and pertaining to penalties for violation of animals ordinances is hereby amended to read as follows: 6.20.100 Penalty. Except as otherwise provided in this chapter, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of this chapter. SECTION 39. Section 6.20.170 of the Palo Alto Municipal Code entitled "Slaughter of animals" is hereby amended to read as follows: 6.20.170 slaughter of animals. (a) It is unlawful for any person, by any means, to slaughter any dog, cat, sheep, goat, pig, cow, horse, deer, raccoon, coyote, mountain lion, llama, mule, squirrel or opossum within the city. (b) This section shall not apply to the act of putting to death any such animal by the discharge of firearm by a sworn peace officer if the animal is dangerous or is so badly injured that humanity requires its removal from further suffering and no other disposition is practical. (c) This section shall not apply to the act of putting to death any such animal by a licensed veterinarian, an animal health technician or an unregistered assistant at the direction and under the supervision of a licensed veterinarian, or the administering of sodium pentobarbitol for euthanasia of sick, injured, homeless, or unwanted domestic pets or animals by an employee of a public pound or humane society who has received proper training in the administration of sodium pentobarbitol for such purposes. (d) Violation of this section shall be a misdemeanor. SECTION 40. Section 6.20.110 of the Palo Alto Municipal Code entitled "Number of cats" is hereby amended to read as follows: 6.20.110 Number of cats. (a) No person shall keep or maintain more than three cats at any street address within the city, unless the person, family or group of persons keeping or maintaining such cats is operating a bona fide animal clinic or hospital or a duly licensed pet shop, cat kennel, circus, carnival, traveling show, menagerie, or cat exhibition at such street address. (b) No person shall keep or maintain no more than one unspayed female cat at any street address within the city, unless the person, family or group of persons keeping or maintaining such cats is operating a bcna fide animal hospital or a duly licensed pet shop, cat kennel, circus, carnival, traveling show, menagerie, or cat exhibition at such street address. 10 971009 lac 0051859 i SECTION 41. Section 6.20.180 of the Palo Municipal Code, entitled 'Police dog," and Section 6.20.190 of the Palo Alto Municipal Code entitled 'Interference with police dogs" are hereby repealed. SECeTIQN42. Section 6.20.070 of the Palo Alto Municipal Code entitled "Food poisoning" is hereby repealed. SECTION 43. Section 9.56.120 of the Palo Alto Municipal Code entitled "Violations --Penalties" and pertaining to public nuisances is hereby amended to read as follows: 9.56.120 Violations --Penalties. It is unlawful for any person to maintain, or allow to be maintained, any condition described as a nuisance in Section 9.56.030. Violations shall be a misdemeanor, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished. SECTION 44. Section 9.56. 130 of the Paso Alto Municipal Code entitled "Enforcement --Citation Authority'' is hereby amended to read as follows: 9.56.130 Enforcement --Citation authority. The following des gnated employee positions may enforce the provisions of this chapter by the issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: chief building official, plan check engineer, assistant fire chief, fire inspector, building inspection supervisor, and code enforcement officer. SECTION 45. Chapter 9.57 of the Palo Alto Municipal Code pertaining to sales and display of narcotics paraphernalia is hereby renumbered to read as follows: CHAPTER 4.58 NARCOTICS PAIAPERRNALIA SALE AND DISPLAY 4.58.010 Definition. For purposes of this chapter, "narcotics paraphernalia" consists of any device, contrivance, instrument or paraphernalia for smoking or injecting or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code of the State of California, other than prescription drugs and devices to ingest or inject prescription drugs. This definition includes, but is not limited to, such items as coke spoons, water pipes, hash pipes, roach clips, and opium pipes. This definition does not include cigarette papers or cigarette roiling machines. 4.58.020 Minors restricted. !o person, including, but not limited to, an owner, manager, proprietor, or salesperson of any place of business selling or displaying for the purpose of sale 11 971 511t59 any narcotics paraphernalia, shall sell or permit to be sold any narcotics paraphernalia to any person under the age of eighteen years. 4.58.030 Sale aad display roams. No person shall sell or offer for sale at any place of business to which the public is invited narcotics paraphernalia, except within a separate room or enclosure to which minors under the age of eighteen years who are not accompanied by a parent or legal guardian are excluded. Each entrance to such rorxn or enclosure shall have a sign posted with reasonably visible and legible words to the effect that (1) narcotics paraphernalia are being offered for sale in such room or enclosure; and (2) minors under age eighteen years are excluded unless accompanied by a parent or legal guardian. No person shall permit any minor under the age of eighteen years to enter, visit, or remain in any such room or enclosure unless such minor is accompanied by a parent or legal guardian. 4.58.040 Public nuisance. Any violation of this chapter is a public nuisance and may be abated in accordance with Chapter 9.56 of this code and,or Section 731 of the Code of Civil Procedure. 4.58.050 Violations. Vio tions of and/or 4.58.030 are misdemeanors. I1 4.58.020 SECTION 46. Section 9.74.060 of the Palo Alto Municipal Code entitled "Penalties --Remedies" and pertaining to housing discrimination is hereby to read amended as follows: 9.74.060 Penalties --Remedies. (a) Criminal. Violations of this chapter shall constitute a misdemeanor. (b) Civil. Any person who violates the provisions of this chapter shall be liable to each party injured by such violation for actual damages sustained by such person, costs and reasonable attorneys' fees. In addition, the court may award punitive damages. (c) Injunctive Relief. (1) Any person who commits, or proposes to commit, an action in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction. (2) Any action for injunctive relief under this chapter may be brought by the city attorney, by any aggrieved person, by other law enforcement agencies, by the district attorney or by any person or entity which will fairly and adequately represent the interests of the protected class. SECTION 47. Section 9.10.080 of the Palo Alto Municipal Code entitled "Violations" and pertaining to noise is hereby amended to read as follows: 12 971009 lac 0051859 • • 9.10.080 Violations. Any person who violates Section 9.10.060(e) or 9.10.060(f) shall be guilty of an infraction. Any person who violates any of the other provisions of this chapter shall be guilty of a misdemeanor. SECTION 48. Section 9.60.060 of the Palo Alto Municipal Code entitled "Bicycles, skateboards, etc.," and pertaining to the City Hall block, is hereby amended to read as follows: 9.60.060 Bicycles, skateboards, etc. No person shall operate any bicycle, roller skates or blades, skateboard or other locomotive device, whether propelled by engine or human effort, provided that motor vehicles and bicycles may be operated on streets and vehicular ramps. This section shall not apply to any person using a locomotive device necessitated by his physical handicap. Violations of this section shall constitute an infraction. SECTION 49. Section 9.16.010 of the Palo Alto Municipal Code entitled "Unlawful to make false report of crime" is hereby repealed. SECTION 50. Section 9.60.040 of the Palo Alto Municipal Code entitled "Fountain and pool" is hereby repealed. SECTION 51. Section 9.32.100 of the Palo Alto Municipal Code entitled "Exhibiting hypnotic s•ibjects" is hereby repealed. SECTION 52. Section 9.20.010 of the Palo Alto Municipal Code entitled "Communicating police radio messages" is hereby repealed. SECTION 53. Chapter 9.64 of the Palo Alto Municipal Code entitled "Abandoned, Wrecked, Dismantled, or Inoperative Vehicles" is hereby renumbered to read as follows: CHAPTER 10.34 ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES 10.34.010 Declaration of purpose. This chapter is enacted pursuant to authorization contained in the California Vehicle Code, particularly Sections 9250.7, 22660, 22702, and 22710, as the same may be amended from time to time, or successor legislation in order to the removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private property or from public property, not including highways, and recovery of costs of administration and removal thereof; and for the further purpose of qualifying for such funds as may be made available by the state of California, Department of Public Works, from the Abandoned Vehicle Trust Fund. 10.34.020 Declaration of public nuisance. Abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, upon public property or private property, except highways, are public nuisances, and shall be abated and disposed of as provided 13 971009 lac 0051859 • in this chapter, in addition to such other remedies as may be provided in this code or by law. 10.34.030 Administration of chapter. The city manager or such other regularly salaried, full-time employees of the city of Palo Alto as may be delegated by the city manager, are hereby authorized to administer and enforce the provisions of this chapter, except that actual removal of vehicles or parts thereof from property may be by any person so authorized by the city manager or his delegate. 10.34.040 Notice of violation. Whenever the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property, not including highways, is made known to the city manager, he shall give not less than ten days' notice of intention to abate and remove the vehicle or part thereof as a public nuisance, and of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle, by sending such notice by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall include notice to the property owner that he may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle or. the land, with his reasons for such denial, in lieu of appearing. 10.34.050 Hearing. If, within ten days from the mailing of the notice of intention to abate and remove the vehicle, the owner of the vehicle or the owner of the land on which such vehicle is located requests a hearing in writing to the city manager or his delegate, or if the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, in which case said statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request, the city manager or his delegate shall hold a hearing within thirty days of the receipt of such request or sworn written statement. If such request or sworn written statement is not received within such period, the city manager or his delegate shall have the authority to remove the vehicle as provided in this chapter. 10.34.060 Conduct of hearing. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial. If the city manager or his delegate determines at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located, or otherwise attempted to be collected from such owner. 14 971009lac 0051859 • • 10.34.070 Collection of coats. Subject to the limitations, exceptions and suits of hearings contained in this chapter, the costs of administration of this chapter and removal of the vehicle or parts thereof shall be collected from the owner of the land on which the vehicle is located, pursuant to Section 38773.5 of the Government Code of the State of California and Sections 8.08.060 through 8.08.090 of the Palo Alto Municipal Code, inclusive, as they may be amended from time to time, or successor legislation. The city manager or his delegate is authorized to assume the costs of administration and/or removal of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, whenever the decision on a hearing held pursuant to this chapter, or other circumstances, equities, hardships, or the best interests of the city will best be served thereby. 10.34.080 Removal. Following the expiration of the period for notice provided hereinabove, or the hearing if the same be held, the city manager or his delegate shall cause the removal of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, from private property or public property, not including highways. Such vehicles, or parts thereof, may be removed to any scrap yard, automobile dismantler's yard, or any suitable site operated by the city for process;ng as scrap, or may be given such other final disposition as the city manager deems appropriate. 10.34.090 Repair or reconstruction prohibited. No vehicle, or parts thereof, removed pursuant to this chapter shall be reconstructed or made operable. 10.34.100 Notice to state agenciesl--Appraisal. Within five days after the date of removal, the city manager or his delegate shall cause such vehicle or parts thereof removed to be appraised, and shall forward to the Department of Motor Vehicles of the State of California such information as is available identifying the vehicle or part thereof, and any evidence of registration, including but not limited to, registration certificates of title or license plates. Any city employee other than employees of the police department shall mail or personally deliver a written report identifying the vehicle and its location to the office of the Department of California Highway Patrol located nearest the vehicle prior to removing the same or causing such removal. 10.34.110 Inapplicability of chapter. This chapter shall not apply to: (a) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the etreet or other public or private property; (b) 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 junkyard. 971009 Lc D051859 15 Nothing in this section shall authorize the maintenance of a public or private nuisance, as defined under any provision of law other than this chapter. SE lION 5(. Section 10.60.010 of the Palo Alto Municipal Code entitled "Parking violations punishable as civil penalties" is hereby amended to read as follows: 10.60.010 Parking violations punishable as civil penalties. Except as otherwise provided, violations of any provision of Chapter 10.36, 10.40, 10.44, and 10.46 of this Title 10 (hereinafter referred to as a "parking violation" shall be punishable by a civil penalty (hereinafter referred to as a "parking penalty"). These parking penalties, together with any late payment penalties, administrative fee, and other related charges shall be established by ordinance or resolution of the city council. $ CTION 55. Section 10.36.030 of the Palo Alto Code entitled Use of streets for storage of vehicles" amended to read as follows: nicipal hereby 10.36.030 Use of streets for storage of vehicles. (a) No person who owns or has possession, custody or control of any vehicle shall park or leave such vehicle standing upon any street or alley for a period of seventy-two consecutive hours or more. For the purposes of this section, a vehicle shall be considered to have been parked or left standing for seventy-two or more consecutive hours if it has not been moved at least one thousand feet or more during said seventy-two hour period. (b) In the event a vehicle is parked or left standing upon a street in excess of a consecutive period of seventy-two hours, any member of the police department authorized by the chief of police may remove such vehicle from the street as authorized by the California Vehicle Code and subject to the provisions of this section. (c) Prior to removing any vehicle, notice shall be affixed to the vehicle advising that the vehicle will be removed for violation of this section within twenty-four hours unless it is moved at least one thousand feet. The notice shall also inform the owner that he or she has a right to a hearing to contest the alleged violation but that failure to take advantage of the hearing within twenty-four hours or failure to move the vehicle will result in the vehicle being removed. If a hearing is requested within said time, such hearing will be conducted by the police chief or his designee to determine whether this section has been violated. The hearing officer is empowered to determine whether this section has been violated and whether removal is authorized under this section and the Vehicle Code. 16 971009 Lac 0051859 • • (d) Whenever a member of the police a vehicle pursuant to this section and causes permitted by the California Vehicle Code, the his designee shall comply with the requirements the California Vehicle Code relating to post - hearing for registered owners and legal owners department removes it to be stored as chief of police or of Section 22852 of storage notice and of record. (e) Violations of this section shall constitute infraction. an SECTION 56. Section 10.36.090 of the Palo Alto Municipal Code entitled "Removal of markings" is hereby amended to read as follows: 10.36.090 Removal of markings. It is unlawful for any person to remove, erase, deface, obliterate, or render unusable for the purpose of enforcement of this title any chalk mark, marker or other device placed on a vehicle or any portion thereof by the city for the purpose of measuring the passage of time or the movement of a vehicle stopped, standing or parked on any street, or in any parking lot or structure, or portion thereof. Violations of this section shall constitute an infraction. SECTION 5'7. Section 10.36.040 of the Palo Alto Municipal Code entitled "Parking for certain purposes prohibited" is hereby amended to read as follows: 10.36.040 Parking for certain purposes prohibited. (a) No person shall park a vehicle upon any street for the purpose of (1) Displaying such vehicle for sale. (2) Servicing, repairing or otherwise working on such vehicle except repairs necessitated by an emergency. Violations of this section shall constitute an infraction. SECTION 5$. Section 10.64.010 of the Palo Alto Municipal Code entitled "Bicycle license required --Fine" is hereby amended to read as follows: 10.64.010 Bicycle license required. No resident of the city shall operate any bicycle (defined as any device which a person may ride, which is propelled by human power through a system of belts, chains, or gears and which has wheels at least twenty inches in diameter and a frame size of at least fourteen inches) on any street, road, highway, or other public property within the city, unless such bicycle is licensed in accordance with Division 16.7, Sections 39000 through 39011 of the California Vehicle Code. Any person who violates the provisions of this section may be cited pursuant to Vehicle Code section 39002(a). $ECTION 59. Section 10.24.010 of the Palo Alto Municipal Code entitled "Stop and yield right-of-way signs" is hereby amended to read as follows: 17 971009 Iec 0051 859 1 • 10.24.010 Stop and yield right-of-way signs. (a) Whenever any ordinance or resolution of this city designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, or any intersection at which vehicles are required to yield the right-of-way, or any railroad grade crossing at which vehicles are required to stop, the city manager shall erect and maintain stop signs and yield right-of-way signs as follows: (b) A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances of other intersections where a stop is required and at any railroad grade crossing so designated; and a yield right-of-way sign shall be erected at those entrances of intersections where motorists are required to yield the right-of-way. Every such sign shall conform with and shall be placed as provided in Sections 21355 and 21356 of the Vehicle Code. Section 4.38.070 of the Palo Alto Municipal Code entitled "Liability insurance on vehicles" is hereby repealed. SECTION 60. Section 10.64.150 of the Palo Alto Municipal Code entitled "Vehicles prohibited from bicycle lanes and paths' is hereby renamed and amended to read as follows: 10.64.150 Vehicles prohibited from bicycle paths. No person shall operate a vehicle within an established and officially designated bicycle path except for purposes of ingress or egress to and from driveways, or for purposes of intersectional travel. SECTION 61. Section 10.28.010 of the Palo Alto Municipal Code entitled "Driving through funeral processions' is hereby repealed. SECTION 62. Section 10.64.040 of the Palo Alto Municipal Code entitled "Transfer of ownership" is hereby repealed. ,SECTION 63 Section 10.52.020 of the Palo Alto Municipal Code entitled "Railroad gates" is hereby repealed. SECTION 64. Section 10.16.030 of the Palo Alto Municipal Code entitled "Obedience to no -turn signs" is hereby repealed. SECTION 65. Section 10.12.030 of the Palo Alto Muni":7ipal Code entitled "Obedience required"is hereby repealed. SECTION 66. Section 16.57.045 of the Palo Alto Municipal Code entitled "Unlawful occupancy" is hereby renumbered to read as follows: 16.04.095 Unlawful occupancy. It shall be unlawful for any person to occupy a structure for which a building permit has been issued unless such structure has been approved for final occupancy by the inspection services division. It shall be unlawful for the owner of any structure for which a building permit has been 18 911009 les 005 1 es9 i • issued to allow or to suffer such structure to be occupied unless such structure has been approved for final occupancy by the inspection services division. SECTION 67. Section 18.88.160 of the Palo Alto Municipal Code entitled "Vehicle and equipment repair and storage" is hereby amended to read as follows: 18.88.160 Vehicle and equipment repair and storage. The following provisions shall apply in all residential districts, and to all sites in any other district used for residential occupancy: (a) No person shall service, repair, assemble, disassemble, wreck, modify, restore, or otherwise work on any vehicle, motor vehicle, camper, camp trailer, trailer, trailer coach, motorcycle, motor -driven cycle, house car, boat, or similar conveyance unless conducted within a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. (b) No person shall store, place or park any of the conveyances designated in subsection (a), or any part thereof, which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, including an unmounted camper, camp trailer, trailer, trailer coach and similar non=notorized conveyance, or any other structure or device exceeding .46 cubic meters (sixteen cubic feet) in volume to be carried upon or in any such conveyance, or any equipment, machinery, or similar material unless conducted within a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. (c) No person shall service, repair, assemble, disassemble, wreck, modify, restore, or otherwise work on, or store, place, and park any of the conveyances designated in this section (excluding [1] passenger vehicles other than house cars, and (2] "pickup" motor trucks on which no equipment other than a camper is mounted), whether disabled or fully operative, for an aggregate period of over seventy-two hours during any continuous period of ninety-six hours in any open areas on a lot only in locations where an accessory building or principal building of equivalent height or bulk would be permitted by the provisions of this title. (d) Notwithstanding the provisions of subsections (a) and (b), emergency repairs and short-term or temporary parking of any conveyance listed in subsection (a), when owned by a person residing on the lot, may be conducted for an aggregate period of up to seventy-two hours in any continuous period of ninety-six hours exclusive of the screening requirements. (e) For the purpose of this section, references to types of conveyances shall have the same meanings as defined in the Vehicle Code of the state of California, where such definitions are available. 19 971009 lac 0051859 0 (f) Chapter 18.94 shall not be applicable to this section. (g) Subject to securing a permit therefor from the building official and otherwise complying with applicable law, the use of a recreational vehicle, as defined in this title, may be permitted for sleeping purposes only for a period not to exceed thirty consecutive days in any calendar year for not more than two nonpaying guests of the occupant of a single-family dwelling in accord with all applicable regulations governing parking and storage of vehicles. SECTION 68. 18.90.110 of the Palo Alto Municipal Code entitled 'Temporary uses" is hereby amended to read as follows: 18.90.110 Temporary uses. The zoning administrator may grant a conditional use permit authorizing the use of a site in any district for a temporary use, subject to the following provisions: (a) Application shall be made to the zoning administrator and shall be subject to the fee prescribed by the municipal fee schedule. (b) The permit tray be granted by the zoning administrator without a requirement for public hearing and notice as otherwise required by Section 18.90.030. (c) The permit may include authorization to vary from specific requirements of this title as may be solely related to the requested temporary use. (d) A conditional use permit for a temporary use, if granted by the zoning administrator, shall be valid for a specifically stated time period not to exceed forty-five days. The zoning administrator may impose such reasonable conditions or restrictions as he or she deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity. (e) A conditional use permit for a temporary use may be granted by the zoning administrator if, from the application or the facts presented to him, he finds: (1) The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. (2) The proposed use will be located and conducted in a manner in accord with the Palo Alto comprehensive plan and the purposes of this title. (f) Any person who obtains a temporary use permit as provided by this section and fails to abide by its conditions is guilty of a misdemeanor. 20 971009 lac Co031 t39 (g) Any person Who uses a site for a temporary use in violation of Title 18 and fails to obtain a temporary use permit as required by this section is guilty of a misdemeanor. SECTION 69. Section 22.04.160 of the Palo Alto Municipal Code entitled "Commercial activities and solicitation" pertaining to city parks and open space is hereby amended to read as follows: 22.04.160 Commercial activities and solicitation. (a) Except as otherwise provided, no person shall engage in commercial activities, including advertising or solicitation for commercial purposes in parks and open space lands. (b) Commercial activities associated with and supportive of city programs or city -sponsored activities for which a permit has been issued by the director shall be permitted in parks and open space lands. c; Commercial activities, commercial solicitation, and solicitation for donations shall comply with all applicable laws, including those requirements for permits issued under Title 4 of the Palo Alto Municipal Code. SECL-QN 70. Section 22.04.150 of the Palo Alto Municipal Code entitled "Foothills Park" is hereby amended to read as follows: 22.04.150 Foothills Park. Foothills Park shall not be made available for the exclusive use by any persons except for Towle Camp and the Oak Grove Group .Area, Pine Gulch Group Area, Wood Fern Group Area, and the Foothills Park Interpretive Center classroom. (a) Only residents of the city and regular or part-time city employees, members of their households related by blood, marriage, or adoption, and their accompanied guests are entitled to enter and remain in Foothills Park. An "accompanied guest", as used in this section, is one who enters Foothills Park in the presence of a person entitled to enter and remain in Foothills Park. Each person entitled to enter and remain in Foothills Park may be accompanied by no more than 15 guests, or two vehicles containing no more than 15 guests, at any one time. Upon the request of an authorized city employee or a member of the Palo Alto police department, a person seeking to enter Foothills Park at the main gate or a person within the boundaries of Foothills Park shall provide identification or information to satisfy the requirements of this subsection. The good faith judgment of the authorized city employee or police department member requesting identification or information shall be conclusive as to whether such the identification or information provided satisfies the requirements of this subsection. No person shall enter or remain in Foothills Park in violation of this subsection. Violations of this subsection shall be a misdemeanor. (b) Unless otherwise specifically authorized by the director, no person shall enter or exit from Foothills Park except 23. 971009lac C0318$9 through the main gate on Page Mill Road. Violations of this subsection shall be a misdemeanor. (c) Foothill Park shall be closed from sunset (the actual closure time to be prescribed in park regulations and posted accordingly) until 8:00 a.m. the following morning. No person shall remain in Foothills Park, other than duly authorized city employees and permit holders or participants in city -sponsored activities, during the hours of park closure. violations of this subsection shall be a misdemeanor. (d) No person shall exceed the maximum speed limit for all vehicles in Foothills Park of twenty miles per hour. Violations of this subsection shall be an infraction. (e) No person shall leave an unauthorized vehicle in Foothills Park after the closing time designated and posted for closing of the park. Violations of this subsection shall be a misdemeanor. (f) No person shall operate a bicycle or a motorcycle except on the paved roads of Foothills Park. No person shall operate a skateboard or roller skates or blades or other coasting device in Foothills Park. This subsection shall not apply to a bicycle or motorcycle operated by a police officer or park ranger acting in the course and scope of his or her duties. Violations of this subsection shall be an infraction. (g) No person shall smoke on any trail in Foothills Park. Violations of this subsection shall be a misdemeanor. (h) No person shall make a wood fire in Foothills Park without a permit. Permits for wood fires within Foothills Park may be issued only for the Towle campfire ring. No person shall start or maintain any charcoal cooking fire within Foothills Park except in city -provided braziers and barbecues in areas so designated and posted. Violations of this subsection shall be a misdemeanor. (i) No person shall shortcut across trail switchbacks. Violations of this subsection shall be an infraction. (j) The city manager shall promulgate regulations for the use of Boronda Lake to protect the users, plants, animals, and structures of the lake. (k) No more than one thousand people shall be permitted in Foothills Park at any one time. (1) No person owning or harboring any dog shall allow or permit such dog to enter or be in Foothills Park on any holiday, as defined in Section 2.08.100(a) of this code, or any Saturday or Sunday At all other times, no person owning or harboring any dog shall allow or permit such dog, whether licensed or not, to enter or be in Foothills Park except when held under leash by an able-bodied person. Violations of this section shall be an infraction. 971009 lac 0031859 22 $$CTZON 71. The Council finds that the provisions of this ordinance do not constitute a project under the California Environmental Quality Act because it can be seen with certainty that no significant environmental impact will occur as a result of the ordinance. SECTION 72. This ordinance shall become effective upon the commencement of the thirty-first day after the day of its adoption. INTRODUCED: SEPTEMBER 22, 1997 PASSED: OCTOBER 6, 1997 AYES: ANDERSEN, EAKINS, FAZZINO, HfUBER, KNISS, MCCOWN, ROSE/MUM, SCHNEIDER, WHEELER NOES: ABSTENTIONS: ABSENT: ATTE City Clerk APPRO rney 971009 Lac 0051859 23 4y P• lice Chief ager THIS DOCUMENT IS CERTIFIED TO BE AN ORDINANCE DULY PASSED BY THE COUP. OF THE CITY OFF PALO ALTO AND THEREA, iER POSTED 11N THE COUNCIL C:HAMt RS ON /oar/e / 9 7 _ QWIT!N 11 DAYS OF ITS P&SSAGEI "1 ccrtify ilex declare) wider penalty of FLE.yary trial IX, foregoing is true atn1 =sect" 101#147 ale lll4e ** & Place