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Ordinance Number 697ORDINANCE NO. 697 SIGN AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY REVISING TITLE 1, CHAPTER 5 AND ADDING A NEW SECTION 9-3.603(n) RELATING TO THE ENFORCEMENT OF SIGN REGULATIONS WHEREAS, it is a policy of the City as expressed in the Community Design Element of the General Plan that the design of this community be of the highest quality, that new development be architecturally distinctive as well as homogeneous in design, and that accessory facilities be compatible with the overall theme; and, WHEREAS, the quality of the signs displayed within the City plays a very distinctive role in achieving the above policy; and, WHEREAS, the display of signs, when abused, can create a visual blight which detracts from the quality of the environment and an individual's perception of the City; and, WHEREAS, it is recognized that the primary purpose of signs is to properly identify businesses; and, WHEREAS, the City's sign regulations were enacted to promote traffic safety and community identity while also enhancing the quality of the visual environment of the City; and, WHEREAS, the City's sign regulations were also enacted to establish procedures and design regulations which control the location, size, type, and number of signs which may be permitted within the City. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does hereby find as follows: 1. City-wide compliance with the City's sign regulations is necessary to achieve the policy of the City as expressed in the Community Design Element of the General Plan. 2. City-wide compliance with the City's sign regulations is necessary to promote traffic safety and community identity while also enhancing the quality of the visual environment of the City. 3. The established procedures and design regulations which control the location, size, type, and number of signs which may be permitted within the City are being violated on a regular basis. 4. The City needs to establish code enforcement officials who are authorized to enforce the City's sign regulations. NOW, THEREFORE, the City Council of the City of San Juan Capistrano, California, does hereby ordain as follows: -1- SECTION 1. Title 1, Chapter 5 of the Municipal Code of the City of San Juan Capistrano is hereby deleted in its entirety and the following new Title 1, Chapter 5 is hereby added: ENFORCEMENT Section 1-5.01. Officers Authorized. It shall be the duty of the City Attorney, the City Manager and those officers or employees of the City who are appointed by the City Manager and designated as Code Enforcement Officials to enforce all of the laws of the City. The City Manager is authorized to appoint the Code Enforcement Officials who shall meet the qualifications and training requirements established by the City Manager for such position. The City Manager is further authorized to establish rules and procedures governing the conduct of Code Enforcement Officials. Section 1-5.02. Powers of Arrest. The City Attorney, the City Manager and the Code Enforcement Officials are hereby authorized to exercise the powers of arrest for violations of City laws pursuant to the provisions of Section 836.5 of the penal code of the State. The public officers and employees authorized to exercise the powers of arrest for violations of City laws are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of a City law in their presence. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the arrested person on the latter's promise to appear as prescribed by Chapter 5C (commencing with Section 853.5) of the California Penal Code. Section 1-5.03. Limited Enforcement Duties of the Code Enforcement Officials. The Code Enforcement Officials are hereby authorized to enforce only those laws of the City, and to exercise the powers of arrest for violations of only those laws of the City contained in Section 9-3.603 of the Municipal Code. SECTION 2. Section 9-3.603(n) is hereby added to the Municipal Code of the City of San Juan Capistrano as follows: Section 9-3.603(n). Violations: Penalties. Every violation of any provision of this Chapter shall be punishable as set forth in Chapter 2 of Title 1 of the Municipal Code. SECTION 3. Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not effect the other provisions of this ordinance which can be given effect without IPA 238"" the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. passage. SECTION 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its SECTION 5. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published once as required by law and posted at the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED, AND ADOPTED this 19th day of November , 1991. KENNETH AYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 697 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on November 5 , 1991, and adopted at a meeting held on November 19 , 1991, by the following vote: AYES: Councilmen Jones, flausdorfer, Buchheim, Vasquez and Mayor Friess NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHNSOM, CITY CLERK -3-