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Ord 106OI~INANCE NO. 106 AN O~DINANCE OF THE CITY OF POWAY, CALI~D~NIA AM~I~DING O~DINANCE NO. 3 AND SECTIONS 14.101 THNDU(~ 14.103, 21.1502(b), 61.112, 37.312, 72.16, 89.102 AND 72.246 OF l/~E CITY OF POWAY I~GULATOR~ O~DINANC~ AND RESCINDING SECTIONS 56. 220-56. 250 THE CITY (I)UNCIL OF THE CITY OF POWAY DOES O~DAIN AS FOLLOWS: Section 1. ordinance No. 3 of the City of Poway shall hereinafter be anended to re~d as follows: A. Sections 4, 5, 6, 7, 8 of Ordinance 3 as previously set forth are hereinafter repealed. Be "Section 4. Ex~,~tions: The Uniform R~a] Property Transfer Tax shall not apply to those ex~;~tions set forth in California Revenue and Taxation Code Division 2, Part 6.7, Chapter 3, coamencing with Section 11921." Sections 9, 10, 11, 12 and 13 are hereinafter renumbered as Sections 5, 6, 7, 8 and 9 respectively. D. In all other respects Ordinance No. 3 is herein reaffirmed. Section 2. Section 14.101 through 14.103 of the City of Poway R~gulatory Ordinances captioned "Claims" are hereby re~a]ed. Section 3. Section 21.1502(b) of the City of Poway Regulatory Ordinances shall be amended to re~d as follows: "(b) "To transport" shall mean the movenent or conveyance by any means whatsoever of a coamercial quantity of avocados over any road, street or highway within the City of Poway." Section 4. Section 37.312(e)(2) of the City of Poway Regulatory Ordinances shall be amended to read as follows: "(2) A portion of such proccc~s, not to exceed twenty percent of the pro- ce~d__s before the deduction for prizes, or one thousand ($1,000) dollars per month, whichever is less, my be used for the rental of property, overhead, including the purchase of bingo equipment, and administrative costs, security equilanent and security personnel." Section 5. Sections 56.220-56.250 are hereby rescinded. Ordinance No. 106 Page 2 Section 6. Section 61.112 of the City of Poway R~3ulatory Ordinances shall be amended to read as follows: "/NVESTIGATION BY HEALTH OFFICER-GRANT OR D~IAL OF PEH4IT. Upon the filing of the application and the payment of the required fee, it shall be the duty of the Health Officer to investigate the information contained in the appli- cation and the sanitary conditions of, in, and about the establishment, and to determine whether or not sud~ establishment conforms to the requirements of this chapter, the California R_~taurant Act (H.S. 28520) and the Retail Food Production and Marketing Establishments Law (H.S. 28800), and the rules and regulations of the State Board of H~a]th. The Health Officer shall grant the permit if such establishment is sanitary and does conform with such laws and such rules and regulations; otherwise, he shall deny such applications. The Health Officer shall s~nd, deliver or give written notice of such grant or denial to the applicant within five (5) days following such grant or denial. A permit for which application is m~e pursuant to this chapter my be granted at any time during the year." Section 7. Section 72.16 of the City of Poway R~gulatory Ordinances shall be amended to re~_ as follows: "72.16 "Pedestrian." A pedestrian is any person who is afoot or who is using a m~ns of conveyance propelled by h~m~n power other than a bicycle." Section 8. Section 72.246 of the City of Poway Regulatory ordinances shall be amended to read as follows: "TREPASS ON AIRPORP N3N-WAYS PBgHIBITED. "Airport runway" m~ans any airport taxiway or runway, and includes all public or private airplane landing strips or air strips designed and constructed for the landing or taking off of aircraft. It is unlawful for any person to drive a motor v~hicle upon any airport runway, whether or not occupied or attended, without first having obtained written permission from the owner thereof or the person lawfully entitled to the possession thereof." Section 9. Section 89.102 of the City of Poway Regulatory Ordinances shall be amended to read as follows: "RESOLUTION OF INTENTION - PUBLIC HEARING BY (I)UNCIL. The City ODuncil may from time to time call public hearings to ascertain whether the public health, safety or welfare requires the relx)val of poles, overhead wires and associated overhead structures within the City and the underground installa- tion of wires and facilities for supplying electric, c~,.,,unication, or simi- lar or associated services. Prior to establishing an area as an Underground Utility District the City fbuncil shall adopt a resolution of intention to establish such district and hold a public hearing thereon. The City Clerk Ordinance No. 106 Page 3 shall notify all owners of property within the proposed district as such are shown on the last e~,~]ized assessment roll and all utilities concerned by mil of the time and place of the b~ring on such resolution at l_~mt fif- t~n (15) days prior to the date thereof. Such h_~aring shall be open to the public and my be continued from time to time. At such h_~ring all persons interested shall be given an opportunity to be heard. The decision of the City ODuncil shall be final and conclusive." Section 10. This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and m~nbers voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Oouncil of the City of Poway held the 21st day of June, 1983, and ther~ter P~SSfI) AND ADOPTED at a regular meeting of said City O~uncil held the 28th day of June, 1983, by the following roll call vote: AYES: NOES: ABSfI~T: (I)UNCILM~9~BEI~S: GDUNCILMSI~ERB: (I)UNCII~f~4BEBS: fMERY, K~3SE, SHEPA~DSON, TARZY, ORAVEC NONE NONE Linda Oravec, Mayor Marjorie ~.\ Wahlsten, City Clerk