Ordinance 1977-15ORDINANCE NO. 77-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
REPEALING AND AMENDING VARIOUS SECTIONS OF THE GILROY
CITY CODE SO AS TO MAKE VIOLATIONS THEREOF INFRACTIONS
RATHER THAN MISDEMEANORS.
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
Section I: The following sections of the Gilroy City Code are
hereby repealed: Sections 6A~9, 11.13 and 15.24,
Section II: Section 1.7 of the Gilroy City Code is amended to
read as follows:
Sec. 1.7. General penalty; continuing violations.
Whenever in this Code or in any other ordinance of the
city any act is prohibited or is made or declared to ~be un-
lawful or an offense, or the doing of any act is required or
the failure to do any act is declared to be unlawful, where
no specific penalty is provided therefor, the violation of
any such provision of this Code or any other ordinance of
the city shall be deemed an infraction, and shall be punished
as set forth in Government Code Section 36900 as it now exists
or may hereafter be amended. Such v£olations may also be
redressed by civil action.
Every day any violation of this Code or any other ordinance
of the city shall continue shall constitute a separate offense.
Section III: Section 6.5 of the Gilroy City Code is amended to
read as follows:
Sec. 6.5. Penalty for violation of article,
Any person violating any of the provisions of this article
shall be deemed guilty of an infraction.
Section IV:
read as follows:
Section 6.8(b) of the Gilroy City Code is amended to
Sec. 6.8.
Removal and penalty for violation.
(b) Any person violating any of the provisions of this
article shall be deemed guilty of an infraction.
Section V' Section 6A.10 of the Gilroy City Code is amended to
read as follows:
Sec. 6A.10. Authority ~07 enactment of chaPter,
The provisions of this chapter have been enacted pursuant
to the provisions of chapter 5b of the Penal Code of the
state.
-1-
ORDINANCE NO. 77-15
Section VI: Section 10.16(a) of the Gilroy City Code is amended
to read as follows:
Sec. 10.16. Penalties for violations.
(a) Any person who shall violate any of the provisions of
the code hereby adopted or fail to comply therewith, or who
shall violate or fail to comply with any order made thereunder,
or who shall build 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 shall fail to comply with such
an order as affirmed or modified by the 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 an infraction. 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 reason-
able time; and when not otherwise specified, each ten days that
prohibited conditions are maintained shall constitute a separate
offense.
Section VII:
read as follows:
Section 12.21 of the Gilroy City Code is amended to
Sec. 12.21.
Removal of accumulated rubbish within e~ght hours
~f n0tifl-~atiOn~ .....
Any person who shall fail to cause all rubbish, waste material,
dry grass, weeds or foul growths which become a menace to public
safety and increases the fire hazard, to be removed from any lot,
piece or parcel of land within the city within eight (8) hours
after having been notified to do so by the chief of police or the
chief of the fire department of the city shall be guilty of an
infraction.
Section VIII: Section 12.35 of the Gilroy City Code is amended to
read as follows:
Sec. 12.35.
Penalties for violation,
Any person violating any of the provisions of this Chapter
shall be deemed guilty of an infraction. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
Section IX:
read as follows:
Sec. 13A.12. Violations.
Each violation of any provision of this chapter and each
violation of any of the prescribed terms under which the
Section 13A.12~of the Gilroy City Code is amended to
-2-
ORDINANCE NO. 77-15
permit is issued shall constitute an infraction. Each
violation of this chapter and each violation of any of
the prescribed terms under which the permit is issued
shall constitute a public nuisance and be subject to abate-
ment as such.
Section X: Section 15.120 of the Gilroy City Code is amended to
read as follows:
Sec. 15.120. Abandonment.
It shall be unlawful for any person to abandon, park,
store or leave or permit the abandonment, parking, storing or
leaving of any licensed or unlicensed vehicle or part thereof
which is in an abandoned, wrecked dismantled or inoperative
condition upon any private property or public property not
including highways within the city for a period in excess'of
seven (7) days unless such vehicle or part thereof is
completely enclosed within a fence or building in a lawful
manner where it is not plainly visible from the street or
other public or private property, or unless such vehicle is
stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler, licensed
vehicle dealer, licensed junkyard or other similar duly licensed
business conducted pursuant to law when such parking or storing
of vehicles or parts thereof is necessary to the operation of
the business.
Section XI: Section 15.121 of the Gilroy City Code is amended to
read as follows:
Sec. 15.121. Failure to remove.
It shall be unlawful for any person to fail or refuse to
remove an abandoned, wrecked, dismantled or inoperative vehicle
or part thereof or refuse to abate such nuisance when ordered to
do so in accordance with the abatement provisions of this article
of state law where such state law is applicable.
Section XII:
read as follows:
Sec. 15.122.
Section 15.122 of the Gilroy City Code is amended to
Interference with abatement.
It shall be unlawful for any person to interfere with, hinder
or refuse admittance to persons authorized by this article to
enter upon private property for the purpose of enforcing the pro-
visions of this article.
Section XIII: Section 16.5(b) of the Gilroy-City Code is amended
to read as follows:
(b) It shall be unlawful for any licensee to operate with-
out a permit.
-3-
ORDINANCE NO. 77-15
Section XIV: Section 16.13-1 of the Gilroy City Code is amended
to read as follows:
Sec. 16.13-1.
Nudity of waiter, waitress, entertainer in food
and beverage establishments~
Any person, with or without compensation, who acts as a
waiter, waitress, or entertainer, in any establishment which
serves food, beverages, or food and beverages, including but
not limited to alcoholic beverages, for consumption on the
premises of such establishment and performs such activity in
the nude, is guilty of an infraction.
Section XV: Section 16.14-1(c) of the Gilroy City Code is amended
to read as follows:
Sec. 16.14-1. Public safety telephone numbers; delivery of
i--n-~-j~tate rec6rded te%ephone mesSage ther~-~o.
(c) Violation of this section is an infraction.
Section XVI: Section 18A.21 of the Gilroy City Code is amended to
read as follows:
Sec. 18A.21. Penalty.
Any person violating any of the provisions of this chapter
shall be punished as provided by section 1,7.
Section XVII: Section 20.65 of the Gilroy City Code is amended to
read as follows:
Sec. 20.65. Penalty.
Any person violating any of the provisions of this article
shall be punished as provided in section 1.7.
Section XV.III: Section 21.8 of the Gilroy City Code is amended to
read as follows:
Sec. 21.8. Penalty.
Any offer to sell or to contract to sell, or any sale or
deed of conveyance, made contrary to the provisions of this
chapter is an infraction. Nothing herein contained shall bar
any legal, equitable or summary remedy to which the city or
other political subdivision or ahy person may be entitled and
the city or such other political subdivision or person may file
a suit in the superior court of the county to restrain or enjoin
any attempted or proposed subdivision or sale in violation of
this chapter.
ORDINANCE NO. 77-15
Section XIX: Section 22~32 of the Gilroy City Code is amended to
read as follows:
Sec. 22.32.
Violation of provisions of article deemed
~n]--
Any person violating any provision of this article, or
any distributor who fails or refuses to register as required
herein, or to furnish any return required to be made, or who
fails to furnish other data required by the director of
finance, or who renders a false or fraudulent return of claim,
or any person required to make, render, sign or verify and
report or claim who makes a false or fraudulent report or claim
with intent to defeat or evade the determination of any amount
due under this article is guilty of an infraction,
Section XX:
Section 23.13 of the Gilroy City Code is amended to
read as follows:
Sec. 23.13. Same--Settlement of disputes.
All disputes as to fare shall be forthwith determined by
the officer in charge of the police station, and if his decision
is in favor of the passenger, the driver shall convey him to
the police station and back to his original destination without
charge. Failure to comply with such determination shall subject
the offending party to a charge of an' infraction.
Section XXI: Section 23.14 of the Gilroy City Code is amended to
'read as follows:
Sec. 23.14. Same--Refusal to pay.
It shall be unlawful for any person to refuse to pay the
lawful fare as fixed in section 23.12 of any of the vehicles
regulated by this chapter, after employing or hiring the same.
Section XXII: Section 25A.13 of the Gilroy City Code is amended
to read as follows:
Sec. 25A.13. Violations.
Any person violating any of the provisions of this chapter
shall be guilty of an infraction.
Section XXIII: Section 26A.12 of the Gilroy City Code is amended
to read as follows:
Sec. 26A.12. Penalty.
It shall be unlawful for any person to violate any provision
or to fail to comply with any of the requirements of this chapter.
Each such person shall be deemed guilty of a separate offense
-5-
ORDINANCE NO. 77-15
for each day during any portion of which any violation of
any of the provisions of this chapter is committed, continued
or permitted by such person.
Section XXIV: Ail ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section XXV: This ordinance shall take effect and be in full
force thirty (30) days from and after its passage and approval,
PASSED AND ADOPTED this 18th day of April, 1977, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
, 'STOUT
CHILDERS HUGtlAN, LINK, PATE,
& GOODRICH
NONE
CUNNINGHAM
APPROVED:
~ayor
-6-
ORDINANCE NO. 77-15
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No.77-15 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
sa|d Council held on the 18th day of April , 19 77L , at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
offici2 seal of the City of Gilroy, this 19th
~'~'ity clerk of th'~ City of i~lroy /~
(seal)
day of April , 19 77