HomeMy WebLinkAboutORD 1 (1992)ORDINANCE NO. 1 (1992)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADDING A NEW CHAPTER 22.76 TO
THE LOS ANGELES COUNTY CODE, AS HERETOFORE
ADOPTED, PERTAINING TO ADMISSION CHARGE
PARTIES IN RESIDENTIAL ZONES.
A. Recitals.
(i) On January 13, 1992, the Planning Commission of
the City of Diamond Bar conducted and concluded a duly noticed
public hearing, as required by law, concerning amendments to the
provisions of Title 22 of the Los Angeles County Code, as
heretofore adopted, (the Diamond Bar Zoning Ordinance).
(ii) On January 21, 1992, this City Council conducted
and concluded a duly noticed public hearing, as required by law,
concerning the amendments to the Diamond Bar Zoning Ordinance set
forth below.
(iii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does find, determine and ordain as follows:
Section 1. In all respects, as set forth in the
Recitals, Part A, of this Ordinance.
Section 2. The City Council hereby finds and certifies
that the amendments set forth below have been reviewed and
considered in accordance with the provisions of the California
Environmental Quality Act of 1970, as amended, and the guidelines
promulgated thereunder and, further, finds that it can be seen with
certainty that there is no possibility that the amendments set
forth below may have a significant effect on the environment and
said amendments are therefore not subject to the requirements of
the California Environmental Quality act pursuant to the provisions
of Section 15061(b)(3) of Division 6 of Title 14 of the California
Code of Regulations.
Gection Based upon the findings and conclusions set
forth herein, this Council, in conformance with the terms and
provisions of California Government Code Section 65360, hereby
finds as follows:
(a) There is a reasonable probability that this
Ordinance will be consistent with the proposed general plan;
(b) There is little or no probability that this
Ordinance will be of substantial detriment to, or interfere with,
the proposed general plan for the area of the subject site; and
(c) The Ordinance complies with all other
applicable requirements of State law and local ordinances.
Section 4. A new Chapter 22.76 hereby is added to Title
22 of the Los Angeles County Code, as heretofore adopted, to read,
in words and figures, as follows:
Section 5. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be posed in three (3)
public places with the City of Diamond Bar within fifteen (15) days
after its passage in the manner prescribed by Resolution No. 89-6.
ADOPTED AND APPROVED this 28th day of January, 1992.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Diamond Bar held on
the 21st day of January, 1992, and was finally passed at a regular
meeting of the Council of the City of Diamond Bar held on the 28th
day of January 1992 by the following vote:
AYES: COUNCIL MEMBERS: Forbing, Miller, Werner,
MPT/Papen
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: M/Kim
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
Ci lerk of the
City of Diamond Bar
"Chapter 22.76
"Admission charge Parties in Residential zones.
1122.76.010. Purpose and Intent.
"It is the purpose and intent of the City Council by the
adoption of this Chapter to prohibit parties conducted in a
commercial manner within all residential zones in order to preserve
the rights of residents to the quiet enjoyment of their property.
1122.76.020. Definitions.
"For purposes of this Chapter, the following words and phrases
shall have the meanings set forth herein:
"(a) `Admission charge' means a tangible benefit,
monetary or otherwise, which is expressly or impliedly required as
a condition of admittance to a party. Customary courtesies and
clearly noncommercial activity such as gifts by guests and
voluntary sharing of expenses for meals shall not be considered to
be an `admission charge.' `Admission charge' shall not include
donations for political, community service, charitable or religious
purposes.
"(b) `Party' means three or more persons meeting
together for social, recreational or amusement purposes.
1122.76.030. Admission Charge Parties Prohibited. "No
person or group of persons shall require, impliedly or expressly,
any admission charge to any party conducted in any residential
zone.
1122.76.040. Penalties for Violation of Charter.
"It shall be unlawful for any person, firm, partnership, or
corporation to violate any provision or fail to comply with any of
the requirements of this Chapter or of the terms or conditions of
any order, permit or approval made pursuant to this Chapter. Any
person, firm, partnership, or corporation violating any provisions
of this Chapter or failing to comply with any of its requirements
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not exceeding one thousand dollars
($1,000.00), or by imprisonment not exceeding six (6) months, or by
both such fine and imprisonment. Each and every person, firm,
partnership, or corporation shall be deemed guilty of a separate
offense for each and every day or any portion thereof during which
any violation of any of the provisions of this Chapter is
committed, continued or permitted by such person, firm, partnership
or corporation, and shall be deemed punishable therefor as provided
in this Chapter.
1122.76.050. Civil Remedies Available.
"The violation of any of the provisions of this Chapter shall
constitute a nuisance and may be abated by the City through civil
process by means of restraining order, preliminary or permanent
injunction or in any other manner provided by law for the abatement
of such nuisances.
1122.76.060. Severability.
"The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Chapter be rendered
or declared invalid by any final court action in a court of
competent jurisdiction, or by reason of any preemptive legislative,
the remaining provisions, sections, paragraphs, sentences and words _
of this Chapter shall remain in full force and effect."
