HomeMy WebLinkAboutCC ORD 2023-2523 Amending Chapter 10.70 Police Regulated BusinessesORDINANCE NO. 2023 "" 2523
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, AMENDING CHAPTER 10.70 POLICE REGULATED BUSINESS
REGULATIONS OF THE NATIONAL CITY MUNICIPAL CODE
WHEREAS, E S, the City of National City (the "City"), pursuant to police powers
delegated to it by the California Constitution, has the authority to enact or amend laws
that promote the public health, safety, and general welfare of its residence; and
WHEREAS, pursuant to the terms and provisions of the Government Code of the
State of California, proceedings were duly initiated for the amendment of the National City
Municipal Code; and
WHEREAS, the National City Police Department has requested that the National
City Municipal Code (NCIVIC) Section 10.70 Police Regulated Business Regulations be
reviewed and updated; and
WHEREAS, the National City Police Department submitted Section 10.70 of the
NCMC to the California Massage Therapy Council (CAMTC) for review to which they have
provided several recommended corrections, additions and modifications to aid the City of
National City Police Department, Code Enforcement, and the City Attorney's Office with
enforcement, regulation, and removal of illicit massage parlors in the City of National City;
and
WHEREAS, pursuant to a published 10-day notice of the adoption of said
Ordinance, a public hearing was held by the city Council on November 7, 2023, and at
said public hearing, all persons interested were given the opportunity to appear and be
heard before the City Council.
NOW, THEREFORE THE CITY COUNCIL of THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, E, DECLARE, E, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. Ail protests, if any, against said amendment to the Municipal Code
and each of them be and hereby are denied and overruled.
Section 2, Section 10.70 Police Regulated Business Regulations is hereby
amended to read as follows in Attachment "A" attached to this Ordinance.
Section 3. This Ordinance shall take effect and be in force thirty 3 days from
the date of its passage, and before the expiration of fifteen 1 days after its passage, it
or a summary of it, shall be published once, with the names of the members of the City
Council voting for and against the same in the Star News, a newspaper of general
circulation published in the County of San Diego, California.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall
publish in accordance with the law.
INTRODUCED at Regular Meeting of the City Council of the City of National City,
held on this November 7, 2023
PASSED and ADOPTED this 2ist day of November, 2023.
o orrison, Mayor
ATTEST:
(Shelley/C apei.,MMC, City Clerk
APPROVED VED S TO FORM:
Barry J. c Itz, City Attorney
Attachment "A"
Chapter 10.70 POLICE REGULATED BUSINESS REGULATIONS
10.70.010 Purpose and intent —Permit required.
A. It is the purpose and intent of the city council to establish procedures for permit issuance and
regulation of certain businesses and activities as police regulated for the protection of the
public health, safety, and welfare. Businesses identified in this Division X (Chapters 10.70
through 10.79) have a higher degree of potential for one or more types of illicit activity
prostitution, disorderly conduct, gambling, fraudulent practices, or the concealment or
facilitation of transfers of stolen property. Therefore, regulation of the operations of these
establishments is appropriate to protect legitimate business practice and the public health,
safety and welfare.
B. A business, activity or a performer or technician which is identified in Chapters 10.71 through
10.79 is designated a "regulated business," "regulated activity," "regulated performer" or
"regulated technician,,, as the case may be, and the specific regulations applicable to their
conduct are set out in Chapters 10.71 through 10.79. The procedures set out in this Chapter
10.70 shall uniformly govern the adminitration and appeals process regarding the issuance,
denial, suspension, or revocation of any permit required to operate as a regulated business
or activity or as a regulated performer or technician pursuant to Chapters 10.71 through
10.79.
C. The issuance of a permit pursuant to this chapter does not excuse a regulated business,
activity, performer, or technician from complying with any other revenue or regulatory
requirement of this code or state law. A separate permit shall be required for each type of
activity regulated by Chapters 10.71 through 10. 9, unless otherwise provided. The issuance
of a certificate or permit under other provisions of this code does not excuse compliance with
or create a defense to any violation of the requirements of this chapter or Chapters 10.71
through 10.79, as applicable, or any other provisions of law or ordinance, including
conditional use permits required under Title 18.
D. It is unlawful for any person to operate a business or activity or perform or practice as a
performer or technician regulated by this chapter and Chapters 10.71 through 10.79, as
applicable, without a valid permit issued by the chief of police or designee, or to operate,
perform or practice while the permit is suspended or revoked. Each day a violation of this
section exists constitutes a separate misdemeanor.
(Ord. 2220 §1(part), 2003: Ord. 2204 § (part), 2002) (Ord. No. 2019-2454, § 6, 1-22-2019)
10.70.020 Definitions.
For purposes of Chapters 10.70 through 10.79, the following definitions shall apply:
A. "Person" means and includes a natural person, a partnership, joint venture or a
corporation.
B. "Operator" means any person who supervises, manages, directs, organizes, controls,
or in any other way is responsible for or in charge of the daily operation, conduct or
activities of the regulated business or activity.
C. "Owner" means any person or entity having an ownership interest in the establishment.
(Ord. 2220 § 1 (part), 2003: Ord. 2204 § 5 (dart), 2002) (Ord. No. 2019-2454, § 6, 1-22-2019)
10.70.030 Applications,
A. Any person required to obtain a permit pursuant to Chapters 10.71 through 10.79 shall file a
written application with the chief of police or designee on a city -approved form, and pay the
non-refundable fee set forth in the National City fee schedule, to recoup all investigative
costs. The applicant shall provide proof of payment of any regulatory fees imposed by the
state of California or county of San Diego contemporaneously with the filing. Written
application forms prepared by the chief of police or designee may require the applicant to be
photographed, finger printed and to provide, in addition to the information listed below, such
other information as is reasonably necessary to carry out the purposes of this chapter. The
application form shall be approved as to form by the City Attorney. For massage
establishments, the application shall be completed and signed by the owner of the proposed
massage establishment, if a sole proprietorship; one general partner, if the owner is a
partnership; or two officers, if the owner is a corporation.
B. An applicant for a permit shall submit the following information:
I. The full name of the business, including the name under which the business will be
conducted;
2. The address where the business is to be conducted;
3. The applicant's full, true name, and any other names used;
4. The applicant's date of birth;
5. The applicant's present residential address and telephone number;
6. The previous addresses of the applicant for the three years immediately prior to the
date of the application and the dates of residence at each;
7. Applicant's height, weight, color of eyes and hair;
8. Three recent portrait photographs at least two inches by two inches taken within the
preceding six months, which accurately depict the current appearance of the applicant;
9. The applicant's driver's license and/or identification card issued by a state or federal
governmental agency, or other photographic identification bearing a bona -fide seal of a
foreign government;
10. If the owner is a corporation, domestic stock, domestic non-profit, qualified foreign
corporation, limited liability company, general partnership, or limited partnership, the
application shall include the following:
a. A business entity status report issued by the California Secretary of State;
D. "Responsible person" means any person who is an owner, operator, or manager, and
includes any employee or agent in apparent charge of the premises for which the
application is made or required or a permit is issued.
E. "Permit" means a permit issued by or under the authority of the chief of police or
designee that authorizes activity regulated under Chapters 10.71 through 10.79.
F. "Permitte" means an owner to whom a permit issued by or under the authority of the
chief of police or designee that authorizes activity regulated under Chapters 10.71 and
10.79.
G. "Applicant" means the natural person(s) who complete and sign an application pursuant
to this chapter.
1
b. Organizational documents for the business entity including but not limited to a copy
of the fictitious name statement and/or articles of incorporation;
c. Full name, date of birth, residential address, and business address for each officer
and director;
d. The name, date of birth, and residence addresses of the responsible employee(s)
to be principally in charge of the day-to-day operations of the establishment.
e. The full name of the owner, including any DBAs.
11. The tax identification number for the business;
12. The name, address, email address, and telephone number of the real property owner
where the business will be operated, and a copy of the lease or rental agreement, if
applicable;
13. The business license and permit history of the applicant, including whether the applicant
when previously operating in this or another city or state under a certificate, license or
permit, has had that certificate, license or permit suspended or revoked, the reason
therefore, and the business activity or occupation subsequent to the suspension or
revocation;
14. For massage establishment businesses regulated under Chapter 10.79, a copy of the
massage practitioner certificate issued by the California Massage Therapy Council
pursuant to Chapter 10.5 of the California Business and Professions Code for each.
owner who has been issued a certificate, or a statement that such a certificate has not
been issued or has been previously denied or revoked by the California Massage
Therapy Council with information regarding the reason therefore;
15. For massage establishment businesses regulated under Chapter 10.7, a list of all
persons who will administer massage, including but not limited to employees and
independent contractors. Such list shall include the full true name and any other names
used, date of birth, residence address and copy of their driver's license or any other
photo identification card issued by a state or federal agency, and a copy of the valid
massage practitioner certificate issued by the California Massage Therapy Council
pursuant to Chapter 10.5 of the California Business and Professions Code;
16. For massage establishment businesses regulated under Chapter 10.79, all services
must be described on the application for the permit;
17. Business, occupation, or employment history of the applicant for the three years
immediately preceding the date of the application;
18. A list, broken down for each applicant, each responsible employee(s) to be principally
in charge of the day-to-day operations of the establishment, and all partners if a
partnership, or all officers and directors if a corporation, of all criminal convictions,
including pleas of nolo contender, within the preceding five years, including those
dismissed or expunged pursuant to Penal Code section 1203.4, but excluding minor
traffic violations, and the date and place of each such conviction, as well as a full
explanation of the circumstances;
19. A complete set of fingerprints taken for each owner if a sole proprietorship, or each
natural person, including the owner and operator or person to be principally in charge
of the day-to-day operations of the establishment; unless in the case of massage
establishment businesses, they hold a valid massage practitioner certificate issued by
the California Massage Therapy Council pursuant to Chapter 10.5 of the California
Business and Professions Code;
20. A signed statement authorizing the city, through its officers, agents, and employees, to
conduct a background check of the applicant, owners(s), and natural persons to be
principally in charge of the day-to-day operations to seek information and conduct an
investigation into the truthfulness of the statements set forth in the application and to
ensure continual compliance with all applicable provisions of the law;
21. A signed acknowledgment that the owner(s) shall be responsible for the conduct of all
employees or independent contractors working on the premises of the business and
acknowledging that failure to comply with the provisions of this chapter or any local,
state or federal law and, for massage establishment businesses regulated under
Chapter 10.79, failure to comply with California Business and Professions Code section
4600 et seq., may result in the suspension, revocation, or denial of the permit;
22. An acknowledgement that the applicant consents to periodic inspection of the regulated
premises or activity, and that revocation of the permit may occur for any unjustified
refusal to allow the same;
23. An acknowledgement that the applicant has received a copy of Chapter 10.70 and any
applicable chapter from Chapters 10.71 through 10.79 which regulate the business or
activity of the applicant; and
24. A signed statement by the applicant certifying under penalty of perjury that all
information in the application is true and correct, and acknowledging that failure truthful
may result in denial of the application.
(Ord. 2204 § (part), 2002) (Ord. No. 2019-2454, § 6, 1-22-2019)
10.70.040 Investigation.
The chief of police or designee, upon receipt of a written application for a permit and payment
of the necessary fees shall promptly conduct an appropriate investigation to determine whether a
permit should be issued in accordance with the provisions of this chapter. The chief of police or
designee shall consider any relevant factual material relating to such application.
(Ord. 2204 § (part), 2002) (Ord. No. 2019-2454, § 6, 1-22-2019)
10.70.050 Permit issuance or denial.
A. Issuance. The chief of police or designee may deny a permit application, based upon
investigation and substantial evidence, if he or she finds one or more of any of the following:
1. That the operation or the premises of the activity, as proposed by the applicant, would
violate any applicable laws, including but not limited to the city's fire, building, zoning
and health regulations; or
2. That the applicant, any other person who will be directly engaged in the management
and operation of the regulated business or activity, or an applicant who is to participate
or perform services as a regulated technician or performer:
a. Has been convicted in any court of competent jurisdiction by a final judgment of
any misdemeanor or felony, within the five years preceding the date of application,
which rationally and reasonably relates to the conduct of the regulated activity; or
b. Has allowed acts to occur in any business operations for the preceding five years
which would violate those sections of the Penal Code listed in Section
1 .7 . .2.d, or any provision of this chapter or Chapter 10.79, irrespective of a
conviction or acquittal; or
c. Has had a permit to operate a business that is or would be regulated pursuant to
Chapters 10.70 through 10.79 suspended or revoked in any jurisdiction, within the
preceding five years; or
d. Within the five years immediately preceding the date of the filing of the application,
has been convicted in a court of competent jurisdiction of any of the following
offenses:
(1) offense that requires registration under California Penal Code Section 290;
or
(2) offense which is a violation of Sections 311 through 311.7, 313.1, 314,
315, 316, 318 or 47 a , 47 b , 47 d , 47 h , 653.23 or 290 of the
California Penal Code; or
(3) offense that is a reduction from any offense listed in Section
-10.70.0 0 . .d. 1 or to some other offense under the Penal Code which
would not require registration, pursuant to a plea of guilty negotiated prior to
trial; or
(4) Any misdemeanor or felony involving theft of properly; or
3. That the applicant has made any false, misleading or fraudulent material statement
of fact in the permit application, or any other related document required by the city
in connection with the application; or
4. The applicant has not complied with the provisions of this chapter and Chapter
10.79; or
5. The applicant has had a massage establishment permit or other similar license or
permit denied, suspended or revoked for cause by any governmental agency; or
the applicant has any massage practitioner certification denied, suspended or
revoked by the California Massage Therapy Council.
5. For establishments regulated by Chapter 10.7 , the applicant proposes to locate
the massage establishment in the same building as a massage establishment that
has surrendered its permit or had its permit revoked within five years of the
application date because a person engaged in any criminal conduct and/or
violation of this chapter or Chapter 10.79 while on the premises of the former
massage establishment; or
6. That the application is incomplete and the required information or documents were
not submitted within twenty days of a request for the information or documents.
B. Timeliness and Conditional Issuance of Permit. Upon receipt of a properly completed
application, the chief of police or designee shall either approve or deny the application within
thirty days. Failure to take action on a permit application within thirty days shall not result in
an automatic approval. If the chief of police or designee is awaiting investigation results from
another governmental agency within those thirty days, the chief of police or designee shall
issue a revocable conditional permit on the thirtieth day if a local records check fails to
disclose any disqualifying information and the operation would otherwise be in compliance
with all other applicable laws and regulations; except that a revocable conditional permit shall
not be issued to an escort or massage technician or operator until it affirmatively appears
that there is no disqualifying information, in order to avoid the potential for physical harm to
a potential patron pending final action. Any revocable conditional permit shall be revoked if
further investigation discloses the existence of a disqualifying factor under this Section
10,70,050.
C. An applicant whose application is denied based on subsection 1 through A of this
section is not eligible to reapply for five years after notice of denial. An applicant whose
application is denied for failure to comply with subsection is not eligible to reapply for
one hundred eighty days after notice of denial.
D. Permits must be exercised within one year of issuance or shall be deemed abandoned.
E. A permit is deemed abandoned if the establishment which has exercised its permit ceases
operations covered by the permit for one hundred eighty days.
F. A permit issued pursuant to this chapter shall not be operative until and unless all other
required local, state, or federal licenses and permits have been obtained.
(Ord. 2204 § (part), 2002) (Ord. No. 2019-2454, § 6, 1-22-2019)
10.70.060 Notice of decision.
Upon taking final action to issue or deny a permit application, or to suspend or revoke a
permit under Section 10.70.080, the chief of police or designee shall give written notice of decision
and the reasons to the applicant or permittee and to any other person requesting such notice.
The notice of decision shall inform the applicant or permittee of the right to appeal under Section
10,70.070 and the time limits prescribed for such review. The chief of police or designee shall file
a proof of service with the city clerk establishing the method and date of service. The issuance of
the notice of decision shall begin the running of any period of limitation for judicial review under
Section 10.70,070 as follows:
A. Three calendar days after mailing a notice of decision to the address shown on the
application by both first class mail, postage prepaid with return address clearly marked,
and by certified mail, return receipt requested. Receipt of either by the addressee shall
constitute service of notice. Actual receipt, however, shall not be a pre -requisite to the
running of any period of limitation.
E. Immediately upon personal service or personal delivery of the notice of decision to the
applicant or permittee.
(Ord. 2204 § (part), 2002) No. 201 - , § 6, 1-22-2019)
10.70.070 Appeal.
A. Any applicant or permittee aggrieved by the decision of the chief of police or designee
regarding the issuance, conditional issuance, suspension, revocation or denial of a permit,
shall have a right to request a hearing to appeal or contest the decision pursuant to Section
1.42.020.
(Ord. 2204 § 5 (part), 2002) (Ord. No. 2019-2454, § 6, 1-22-2019)
10.70,080 Suspension and revocation.
A. The chief of police or designee may suspend or revoke any permit issued under the
provisions of this chapter if he or she finds that:
1. The operation conducted by the permittee violates or has violated any applicable laws,
including but not limited to the city's building, zoning and health regulations and
Chapters 10.70 through 10.79, as applicable;
2. The applicant has failed to comply with a final court order or administrative action of an
investigatory agency finding a violation of applicable federal, state, and local wage and
hour laws, including, but no limited to, the Federal Fair Labor Standards Act, the
California Labor Code, and any local minimum wage ordinance or prevailing wage
requirements. For the purposes of this subsection, a final court order or administrative
action is one as to which there is no pending appeal and the time for filing an appeal
has passed.
3. The permittee, including a regulated performer or technician, or any other person who
is directly engaged in the management and operation of the regulated business has,
while the permit is in effect:
a. Allowed, committed or been convicted of an act that constitutes a violation of law
which rationally and reasonably relates to the conduct of the regulated activity,
b. Allowed or committed acts listed in Section 10.70.0 0 A 2 to occur at a regulated
business, irrespective of adjudication, conviction or acquittal, or
c. Allowed a regulated performer or technician with a contagious or communicable
disease to perform services under the auspices of the permittee; or
4. The applicant or permittee had knowingly made a false, misleading, or fraudulent
material statement of fact in the permit application or any other document required in
connection with the application.
B. The chief of police or designee shall serve the permittee with a written order stating the
reasons for the suspension or revocation. The order may be for a limited period, not to
exceed ninety days, or for permanent revocation. The order shall advise the permittee of
appeal rights under Section 10.70.070. The chief of police or designee may issue the order
without regard to the status of prosecution or finality of a conviction affecting a permittee, so
long as the chief of police or designee has determined that sufficient facts exist to justify the
suspension. The order shall be effective immediately if personally served, or three calendar
days after it has been deposited in the course of regular transmission in the United States
Postal Service.
C. Except as provided under Section 10.70.080(D), immediately upon the order becoming
effective, the permittee shall cease all operations under the permit and shall surrender the
permit to the chief of police or designee.
D. In lieu of issuing an order of suspension or revocation, the chief of police or designee may
impose conditions of probation for a specified duration not to exceed one year, during which
period the permittee shall be subject to the order of suspension or revocation if the chief of
police or designee determines those conditions have been violated. If the permittee accepts
the order of probation, no appeal shall be allowed under Section 10 70.070. If, however, the
permittee objects to the terms of probation, probation shall not be allowed, the order of
suspension or revocation shall take effect, and appeal rights of the permittee under Section
10.70.070 shall then be applicable.
E. Only when an appeal is taken to the city council shall the order of suspension or revocation
be stayed pending determination by the city council in the manner set forth in Section
10.70.070 of this chapter. The determination of the city council will be final and conclusive
and constitute the exhaustion of administrative remedies. A written notice of decision of city
council shall be served on the permittee in accordance with Section 10.70.060, and service
shall begin the period of limitation for judicial review under Code of Civil Procedure Sections
1094.6 or 1094.8, whichever is applicable.
F. Police permits issued for an establishment to conduct business regulated under Chapters
10.71 through 10.79 are separate from and independent of any conditional use permit that
is required or issued under the provisions of Title 18 of this code. Revocation or suspension
of a police permit shall not operate to revoke or suspend a conditional use permit,
notwithstanding that the same or similar terms and conditions may be applicable to both
permits. Revocation or suspension of a police permit affects only the authority of the
establishment to provide or allow a particular form of entertainment or activity at the premises
for which the police permit is issued. The establishment may continue to conduct all other
business for which it is licensed or allowed by law to conduct, unless separate action is taken
to abate the establishment as a public nuisance or to revoke or suspend any other issued
permit, including a conditional use permit.
(Ord. 2220 § 1 (part), 2003: Ord. 2204 § 5 (part), 2002) (Ord. No. 2019-2454, § 6, 1-22-2019)
1 .7O Posting or exhibiting.
A. Permits issued to an operator shall be posted in plain view at the main entrance to the
premises where the business or activity for which the permit is issued is conducted, and shall
remain posted while the permit is in force.
B. The massage establishment shall comply with the requirements in California Civil Code
Section 52.6 related to the posting of information for victims of human trafficking.
B. Certificates issued to a regulated performer or technician shall be carried on their person,
except that the permit of a regulated performer or technician may instead be posted on the
regulated premises together with the permit issued for the regulated business or activity.
C. It is unlawful and a misdemeanor for any person subject to this chapter or Chapters 10.71
through 10.79 to fail to post or carry an issued permit or certificate as required by this section,
or to fail to exhibit an issued permit or certificate upon demand of the chief of police or
designee.
(Ord. 2204 § 5 (part), 2002) (Ord. No. 2019-2454, § 6, 1-22-2019)
10.70.100 Inspection of premises.
A. Issuance of a police permit is conditional upon the premises regulated under Chapters 10.71
through 10.79 being available for reasonable inspection by the police department, the fire
department, the health officer, or city code compliance officials following approval of the
application and during the operating hours of the regulated business or activity. Refusal to
allow reasonable inspection during operating hours upon demand of an authorized official is
grounds for the suspension or revocation of an issued permit, or the denial of an application
for a permit. No application shall be granted if the premises do not meet applicable
requirements of law or ordinance.
B. If necessary or appropriate, the official may obtain an inspection warrant after inspection has
been denied. Inspection pursuant to an issued inspection warrant does not mitigate or
exonerate the suspension or revocation of the permit.
C. The county health officer is authorized to charge inspection fees established within the
applicable fee schedule of the county of San Diego or the National City fee schedule.
(Ord. 2204 § 5 (part), 2002) (Ord. No. 2019-2454, § 6, 1-22-2019)
10.70.110 Duration.
Unless provided otherwise in Chapters 10.71 through 10.79, permits issued pursuant to this
chapter remain valid until revoked, surrendered, or abandoned.
(Ord. 2204 § 5 (part), 2002) (Ord. No. 2019-2454, § 6, 1-22-2019)
10.70.120 Transfer of permit.
It is unlawful to transfer a permit from one person to another. It is unlawful to use a permit at
another location except with the written approval of the chief of police or designee. An application
for transfer of permit to another location shall be in writing and accompanied by a processing fee
established in the National City fee schedule. The application for transfer shall contain the same
information required for an initial application for a permit. Any transfer of a permit in violation of
this Section 1 .7.1 0 is void and shall confer no rights upon the transferee nor create any
obligation upon the city to honor the transfer or to afford notification or appeal rights under
Sections 10.70.060 or 10.70.070 to either the transferor or the transferee.
(Ord. 2204 § 5 (part), 2002) (Ord. Na. 2019-2454, § 6, 1-22-2019)
1. .13 Transition provisions.
A. A business lawfully conducting business in the city as of the effective date of this Chapter
10.70 that is to be regulated by Chapters 10.71 through 10.79 will be issued an appropriate
police permit by the chief of police or designee without further payment of fees, provided the
business or activity was otherwise in compliance with the regulatory and fiscal provisions of
the municipal code in effect immediately prior to the enactment of this ordinance. Permits
issued pursuant to this Section 10.70.130(A) shall thereafter be fully subject to the provisions
of Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, regarding administration,
operation and licensing.
E. An existing business that does not meet the compliance standards for permit issuance under
Section 10.70.130(A), and all new businesses commencing operations shall comply with
Chapter 10.70 and Chapters 10.71 through 10.79, as applicable.
(Ord. 2204 § 5 (part), 2002) (Ord. No. 2019-2454, § 6, 1-22-2019)
10.70..140 Notice of changes.
A. Permittees of establishments governed by Chapter 10,79 shall only allow persons certified
by the California Massage Therapy Council to provide massages at, or in association with
the establishment, and shall immediately notify the chief of police or designee, in writing, of
any change to the list provided pursuant to Section 10.70.030(B)(14).
(Ord. No. 2019-2454, § 6, 1-22-2019)
10.70.150 Public nuisance.
Each regulated business or any business that is required to be regulated that operates in
violation of Chapter 10.70 through 10.79, as may be applicable, is a public nuisance and may be
enjoined civilly or administratively. In addition, and to the extent not expressly provided elsewhere
in this code, it is unlawful and a misdemeanor to maintain a public nuisance.
(Ord. 2204 § (part), 2002) (Ord. No. 2019-2454, § 6, 1- -201 g)1 .7 .1 0 Violations and
regulatory enforcement.
Violation of any of the mandatory requirements or prohibitions contained in Chapters 10.70
through 10,79 are misdemeanors and constitute grounds for suspension or revocation of an
issued permit, except that any requirement or prohibition designated as "regulatory only" will be
treated only as grounds for suspension or revocation of an issued permit, and criminal prosecution
may not occur for that violation.
(Ord. 2204 § (part), 2 (Ord. No. 2019-2454, § 6, 1-22-2019)10.70.170 Severability.
The City Council declares that the invalidity of any section or portion of Chapters 10.70
through 10.79 shall not affect the validity of any other remaining section or portion; that the council
would have adopted each of those remaining portions, notwithstanding any later declared
invalidity. Any provision determined invalid under the preceding sentence may either be severed
or, if it can be judicially interpreted in a way that could harmonize it with the remaining provisions,
then it may be so judicially interpreted and, as interpreted, be applied so as to give full purpose,
meaning, and effect to the remaining provisions.
(Ord. 2204 § (part), 2002)(Ord. No. 2019-2454, § 6, 1-22-2019)
Passed and adopted by the Council of the City of National City, California, on
November 21, 2023 by the following vote, to -wit:
Ayes: Bush, Rodriguez, `arcane, Molina, Morrison
Nays: None.
Absent: None.
Abstain: None,
AUTHENTICATED BY: Ron Morrison
By
Mayor of the City of National City, California
Shelley Chapel
City Clerk of the
City of National City, California
Cit�i clerk
I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on November 7, 2023 and on November 21, 2023.
I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full was dispensed with by a vote of not less than
a majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2023-2523 of the City Council of the City of National City, passed
and adopted by the Council of said City on November 21, 2023.
By:
Ctr Clerk of the
ity of National City, California
to,A_ CO Clerk