Ord 559ORDINANCE NO. 559
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTER 3.16 OF THE POWAY MUNICIPAL CODE TO
INCREASE THE TRANSIENT OCCUPANCY TAX TO TEN PERCENT
WHEREAS, the City Council of the City of Poway has determined pursuant to
Elections Code Section 9222 to submit an ordinance to the qualified voters of the City of
Poway at the General Municipal Election to be held on November 5, 2002 to increase
the Transient Occupancy Tax to ten percent.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1. Voter Approval of Existinq Tax.
The six percent transient occupancy tax established by Poway Municipal Code
Section 3.16.030 is hereby approved.
Section 2. Amendment of the Poway Municipal Code. Section 3.16.031 of the Poway
Municipal is hereby amended to read as follows:
Section 3.16.031 Additional Tax imposed. In addition to the tax imposed by
Section 3.16.030 of this code for the privilege of occupancy in any hotel, each transient
is subject to and shall pay an additional tax in the amount of four percent of the rent
charged by the operator. The tax constitutes a debt owed by the transient to the City
which is extinguished only by payment to the operator of the hotel at the time the rent is
paid. If the rent is paid in installments, a proportionate share of the tax shall be paid
with each installment. The unpaid tax shall be due upon the transient's ceasing to
occupy space in the hotel. If for any reason the tax due is not paid to the operator of the
hotel, the City Treasurer may require that such tax shall be paid directly to the City
Treasurer.
Section 3. City Council Action.
A. The City Council shall as quickly as permitted by law following the
adoption of this ordinance by the voters, take all actions required to carry out the
mandates of Section 1 and Section 2 hereof.
B. The City Council shall take all steps necessary to defend vigorously any
challenge to the validity or constitutionality of this ordinance.
Section 4. Construction.
Nothing contained in this ordinance shall be construed to make illegal any lawful
tax presently in effect. Nothing contained in this ordinance shall be construed to require
more than a simple majority vote for the adoption of this ordinance or for the approval of
any future measure to amend this ordinance. For purposes of this section, "presently"
shall mean as of the date of the election at which the voters approve or disapprove this
ordinance.
Ordinance No. 559
Page 2
Section 5. Severability.
If any section, sentence, clause, phrase, part, or portion of this ordinance is for
any reason held to be invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this ordinance. It is
hereby declared that this ordinance and each section, subsection, sentence, clause,
phrase, part, or portion thereof, would have been adopted or passed irrespective of the
fact that any one or more sections, sentences, clauses, phrases, parts, or portions be
declared invalid or unconstitutional.
Section 6. Effective Date.
Pursuant to Elections Code Section 9217, this ordinance shall be considered as
adopted upon the date that the vote by the electorate of the City of Poway is declared
by the City Council, and shall become effective ten (10) days after that date.
PASSED the 5th day of November, 2002, by the voters of the City of Poway,
California, at a general election on that date in which approval or disapproval of this
ordinance appeared on the ballot. ADOPTED the 3rd day of December, 2002, by the
City Council of the City of Poway, California upon the declaration of the vote at said
general election.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held this 25th day of June 2002, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 9th day of July 2002, by the following roll
call vote.
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: GOLDBY
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
nne Peoples, City b-I~rJ~
Michael P. i, Mayor