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2013 S-36 Supplement CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2012 S-36 Supplement contains: Local legislation current through Ordinance 2100, passed 12-4-12 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 COPYRIGHT © 2012 AMERICAN LEGAL PUBLISHING CORPORATION 1.12.010 CHAPTER 1.12: GENERAL PENALTY* Section 1.12.010 Violation of code restraint of dogs as specified in Title 8, Animals, Sections 1.12.020 Each day a separate offense 8.01.030, 8.01.130, 8.03.010, Title 13, Section 1.12.030 Public nuisance abatement 13.04.130D,Behavior of Persons in Parks,and 13.04.130P, Feeding Waterfowl Prohibited,of the City's ordinance code. * For statutory provisions authorizing cities to (Ord. 12-2101, § 1 (part), 2013; Ord. 09-2043, 2009; Ord. impose fines up to$1,000, imprisonment up to 1386, (part), 2001; Ord. 1697, (part), 1995; Ord. 1497, § six months, or both, see Gov. Code § 36901 1. 1989; Ord. 1179, § 1, passed 1982; Ord. 854; (part), 1978; Ord. 829, (part), 1977; Ord. 692, § 1, 1975; Ord. 5(X), § 1, 1971) 1.12.010 Violation of Code. A. It is unlawful for any person to perform any act 1.12.020 Each Day a Separate Offense. that is prohibited, made or declared to be unlawful or an A person committing an act designated in offense by the code, or to violate any provision or fail to Section 1.12.010 is guilty of a separate offense for each and comply with any of the requirements of this code. A every day during any portion of which any violation of any violation of any provision or failing to comply with any of ordinance of the city is committed, continued or permitted the mandatory requirements of the code shall constitute a by the person, and is punishable as provided in misdemeanor, except where the violation is specifically Section 1.12.010. (Ord. 1697, (part), 1995; Ord. 829, declared to be an infraction. (part), 1977; Ord. 500, § 2, 1971) B. Notwithstanding the above, any violation constituting a misdemeanor may, in the discretion of the 1.12.030 Public Nuisance Abatement. City Attorney, be charged and prosecuted as an infraction. Without limitation to any of the provisions specified in C. When a violation of a provision of this code Sections 1.12.010 and 1.12:020, any building or structure which otherwise constitutes an infraction continues to occur se up, erected, constructed, altered, enlarged, converted, and the violator has been charged with a violation of the moved or maintained contrary to the provisions of any same provision as an infraction on at least four separate zoning or building ordinance of the city, or any rule, occasions and within one year has forfeited bail on each regulation or order issued or promulgated pursuant thereto, such occasion, in that event, the City Attorney, in his or her and/or any use of any land, building or premises conducted, discretion, may charge a violation of any such provision as operated or maintained contrary to the provisions of any a misdemeanor. zoning or building ordinance of the city, or any rule, D. Unless otherwise specified by this code, an regulation or order issued or promulgated pursuant thereto, infraction is punishable by: is unlawful and a public nuisance, and the City Attorney 1. A fine not to exceed$100 for a first violation; shall, upon order of the City Council, immediately 2. A fine not to exceed$200 for a second violation commence an action or proceedings for the abatement or of the same chapter of this code within one year; and removal and enjoinment thereof in the manner provided by 3. A fine not to exceed$500 for a third violation of law, and shall take such other steps and shall apply to such the same chapter of this code within one year. court or courts as may have jurisdiction to grant the relief as E. Unless otherwise specified by this code, a will abate and remove the buildings or structure,and restrain misdemeanor is punishable by a fine not to exceed $1,000, and enjoin any person, firm or corporation, whether as imprisonment for a term not exceeding six months, or by principal, agent, employee or otherwise from setting up, both such fine and imprisonment. erecting,building,maintaining or using any such building or F. Unless otherwise specified by this code, a fine of stricture,or using any property contrary to the provisions of $50 shall be issued for the first infraction, $100 for the any such zoning or building ordinance, or any rule, second infraction, $200 for the third infraction, and regulation or order issued or promulgated pursuant thereto. thereafter of animals running at large, public nuisance, and (Ord. 500, § 3, 1971) 13 2013 S-37 Cupertino-General Provisions 14 5 Parks 13.04.090 13.04.090 Park and/or Building Permit—Fees and character, or run or string any public service utility into, Deposit. upon or across such lands, except on special written permit Upon the granting of a permit under this chapter, any issued under this chapter; fees or deposits required for the use of City personnel, E. Go upon any lawn or grass plot,where prohibited building,equipment, and facilities shall be contained in said by the parks and recreation department, and where such permit and said fees or deposits shall be paid by the prohibition is indicated by proper and legible signs; applicant within ten days of the receipt of said permit. If F. Damage, cut, carve, transplant or remove any said fees or deposits are not paid within said ten days, then, tree or plant,or injure the bark, or pick the flowers or seeds in that event, the permit therefor issued shall be null and of any tree or plant. Nor shall any person attach any rope, void: wire, or other contrivance to any tree or plant. No person A. Building fees and charges have been established shall dig in, or otherwise disturb any grass area, or in any and are regulated by the type of organization or individual way injure or impair the natural beauty or usefulness of any usage proposed by the application and such fees are subject areas; to change as required by personnel or City costs; G. Climb any tree or walk, stand or sit upon any B. Building deposit fees are refundable upon to incite monuments, vases, fountains, railing, fences, or upon any violence, crime or disorderly conduct; approval of the other property not designated or customarily used for such City Manager, providing no damage arises from the purposes; applicant's usage. (Ord. 531, § 9, 1972) H. Hunt, molest, harm, frighten, kill, trap, chase, tease,shoot or throw missiles at any animal,reptile,or bird; 13.04.100 Park and/or Building Permit—Liability. nor shall any person remove or have in his possession the Persons to whom an exclusive use permit has been young of any wild animal, or the eggs or nest or young of granted must agree in writing to hold the City harmless and any reptile or bird. Exception to the foregoing is made in indemnify the City from any and all liability for injury to that snakes known to be deadly poisonous, such as persons or property occurring as a result of the activity rattlesnakes, or other deadly reptiles may be killed on sight; sponsored by the permittee and said person shall be liable to I. Use any system for amplifying sounds, whether the City for any and all damage to parks, facilities, and for speech or music or otherwise, unless an exclusive use buildings owned by the City,which results from the activity permit is first secured. (Ord. 531, § 12, 1972) of permittee or is caused by any participant in said activity. (Ord. 531 §10,1972) 13.04.130 Behavior of Persons in Parks. No person in a park shall do any of the following: 13.04.110 Park and/or building permit—Revocation. A. Bring to a park any alcoholic beverages, and no The City Manager shall have the authority to refuse a person may drink alcoholic beverages at any time in a park, permit upon a finding that any use or activity is in violation except picknickers, who may bring to a park, and drink, of the provisions of this chapter, or any other ordinance of beer or wine with their picnic meal, so long as they conduct the City, or of any rule promulgated hereunder, or upon themselves in an orderly manner; good cause shown. (Ord. 531, § 11, 1972) B. Enter or remain in a park while under the influence of intoxicating liquor or any drug; 13.04.120 Use of Park Property. C. Have brought, or have in his possession, or set No person in a park shall do any of the following: oft, or otherwise cause to explode or discharge or burn, any A. Wilfully mark, deface, disfigure, injure, tamper firecrackers, torpedoes, rockets, or other fireworks or with or displace or remove any buildings, bridges, tables, explosives of inflammable material, or discharge them or benches, fireplaces, railing, paving or paving material, throw them into any such area from land or any highway water lines or other public utilities or parts or appurtenances adjacent thereto. This prohibition includes any substance, whatsoever, either real or personal; compound, mixture or article that, in conjunction with any B. Litter, soil or defile restrooms. No person over other substance or compound would be dangerous from any the age of six years shall use restrooms and washrooms of the foregoing standpoints; designed for the opposite sex; D. No person having the control or care of any dog C. Dig or remove any soil, rock, stones, trees, shall suffer or permit such dog to enter or remain in a park, shrubs or plants, down timber or other wood or materials, unless posted for such use, and then only if it is led by a or make any excavation by tool, equipment, blasting or leash of suitable strength not more than six feet in length; other means or agency. It is unlawful to gather firewood or and the owner and the attendant shall be responsible for any to collect within the park any type of plant material for the damage caused, in any event,by such dog, even if on leash; purpose of building a campfire; E. Lead, ride, drive, keep or let loose any animal, D. Construct or erect any building or structure of reptile or fowl of any kind, without a permit to do so from whatever kind, whether permanent or temporary in the Director of parks and recreation; 2013 S-37 13.04.130 Cupertino-Parks 6 F. Make or kindle a fire for any purpose, except at from the park by the person responsible for its presence,and places provided for such purpose, unless prior special properly disposed of elsewhere. (Ord. 531, § 14, 1972) permission be obtained therefor from the Director; G. Enter an area posted as "Closed to the Public," 13.04.150 Vehicle Requirements. and no person shall use, or abet the use of, any area in No person in the park shall do any of the following: violation of posted notices; A. Fail to comply with all applicable provisions of H. Play or bet at or against any game which is the Vehicle Code of the state in regard to equipment and played, conducted, dealt, or carried on for money, chips, operation of vehicles, together with such regulations as are shell, credit or any other representative of value, or contained in this chapter and any other ordinances of the maintain or exhibit any gambling table or other instrument City regulating traffic; of gambling or gaming, or play any game prohibited by any B. Fail to obey all traffic officers and park other ordinance of the City; employees who are hereafter authorized and instructed to I. Sleep, or protractedly lounge, on the seats, direct traffic in the parks in accordance with the provisions benches, or other areas, or engage in loud, boisterous, of this chapter and such supplementary regulations as may threatening, abusive, insulting, or indecent language, or be issued by the Director; engage in any disorderly conduct or behavior tending to a C. Fail to observe carefully all traffic signs breach of the public peace; indicating speed,direction,caution,stopping or parking and J. Use, carry, or possess firearms of any all other signs posted for proper control and to safeguard life description, or air rifles, spring guns, bow and arrows, and property; slings or any other forms of weapons potentially dangerous D. Ride or drive a vehicle at a rate of speed to wild life or to human safety. Shooting into park areas exceeding fifteen miles an hour, except upon such roads as from beyond park boundaries is prohibited; the City may designate by posted signs for speedier travel; K. Solicit alms or contributions for any purpose, E. Drive any vehicle on any area except paved roads whether public or private,without prior permission from the or parking areas, or such other areas as may be specifically City Council; designated as temporary parking areas by the department of L. Use or allow the use of powered model airplanes parks and recreation; except in areas so designated by the department of parks and F. Park a vehicle in other than an established or recreation; designated parking area,and such use shall be in accordance M. Play or practice golf or use golf clubs in any area with the posted directions there,and with the instructions of of the park not designated for such use; any attendant who may be present; N. Indulge in riotous, boisterous, threatening or G. Ride a motorcycle,motor bike,or similar vehicle indecent conduct. in any park,except where used to transport invalid persons; O. No person shall skate or rollerblade in a manner H. Ride a bicycle on other than a paved road or path. that causes damage to park amenities or threatens the safety Notwithstanding the foregoing,no person may ride a bicycle or well being of park patrons. Skating or rollerblading is on a paved road or path where such activity is prohibited by prohibited on raised surfaces where signed. posted signage. A bicyclist may wheel or push a bicycle by P. Feeding Waterfowl Prohibited. No person shall hand over any grassy area, wooded trail, or over any other feed or in any manner intentionally provide food to any area in which bicycle riding is otherwise prohibited; waterfowl (geese, ducks, or coots) in any City park. (Ord. I. Ride a bicycle other than on the righthand side of 12-2101, § 1 (part), 2013; Ord. 1945, 2004; Ord. 1886, the road paving as close as conditions permit, and bicycles (part), 2001; Ord. 531, § 13, 1972) shall be kept in single file when two or more are operating as a group. Bicyclists shall at all times operate their 13.04.140 Sanitation Requirements. machine with reasonable regard to the safety of others, No person in a park shah do any of the following: signal all turns, pass to the left of any vehicle they are A. Throw, discharge or otherwise place or cause to overtaking and pass to the right of any vehicles they may be be placed in the waters of any fountain, pond, lake, stream, meeting; bay or other body of water in or adjacent to any park or any J. Ride any other person on a bicycle, except where tributary, stream, storm sewer or drain flowing into such the bicycle is built for operation by more than one person; waters, any substance, matter or thing, liquid or solid, K. Leave a bicycle in a place other than a bicycle which will or may result in the pollution of such waters; rack where a bicycle rack is provided and there is space B. Dump,deposit or leave any bottles,broken glass, available; ashes, paper, boxes, cans, refuse or trash on the grounds L. Leave a bicycle lying on the ground or paving,or thereof. Such items shall be placed in the proper receptacles set against trees, or in any place or position where other where these are provided; and, where such receptacles are persons may trip over or be injured by it. (Ord. 2014, not provided,all such rubbish or waste shall be carried away 2008; Ord. 531, § 15, 1972) 2013 S-37 119 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.64.020 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc 22. Wholesaler Showrooms 23. Wholesale and storage activities within - - - p - completely enclosed buildings; 24. Wholesale and storage within completely enclosed buildings, excluding petroleum products; 25. Cold Storage Facilities and Frozen Food . - Lockers 26. Packing and crating establishments; 27. Auction houses, used furniture sales, feed - - p - sales; 28. Home, garden and farm equipment and - - - p - appliance sales and rentals; 29. Machinery sales and rentals, including heavy - - - p - construction equipment; 30. Repair and service shops for light machinery, - - - P - household appliances and apparel; 31. Light Machinery, Tools and Equipment Sales and Services 32. Lumberyards, 33. Building material sales, ice, coal and wood - - - p - sales, carpenter and cabinet shops; 34. Nurseries and greenhouses; - 35. Television, radio and motion picture studios and stations; 36. Film Processing 37. Commercial Photography 38. Public utility facilities and service yards, and associated buildings, communications and equipment buildings, corporation yards, contractors' and plumbers' shops, and storage yards; 39. Municipal and Governmental Facilities 40. All uses permitted in a general commercial (CG) zone as provided in Chapter 19.60, provided that: 2012 S-35 19.64.020 Cupertino-Zoning 120 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc a. They are auxiliary or subsidiary to or an essential part of an established operation or - - P P P use permitted by this chapter including, but not limited to, personal services, retail establishments, and recreation facilities located on the same lot as the principal use, and b. Which exist solely for the convenience of persons employed in or customers of the principal use; 41. Residential dwellings for caretakers or - - - P - watchmen employed for the protection of the principal permitted use, provided they are located on the same lot as the principal permitted use. 42. For any ordinarily permitted industrial use - - - CUP- - where the number of parking spaces exceeds Admin. one per five hundred feet of net lot area, upon a determination that the use will not have an adverse impact upon the City's street and circulation system, and is consistent with the City's noise ordinance. 43. Retail sales of mixed concrete sold in batches - - - CUP- - not exceeding one cubic yard PC 44. Stone cutting, monument manufacture - - - CUP- - PC 45. Mortuaries - - - CUP- - PC 46. Heliports as accessory uses, - - - CUP- - PC 47. Manufacture of radioactive material, provided - - - CUP- that emissions do not exceed permissible levels PC established by Federal or State standards 48. Other uses which, in the opinion of the - - - CUP- - Planning Commission, are consistent with the PC character of an ML zone, and do not exceed the levels of odor, noise, dust, smoke, glare, fumes, radiation or vibration described in Section 19.72.050 of this Title 2013 S-37 41 Comprehensive Ordinance List Ord. No. Ord. No. 2078 Amending 11.20.030 regarding required 2088 Stormwater pollution prevention and stops at certain intersections (11.20) watershed protection-Amends entirety 2079 Amending Single-Family Residential of Ch. 9.18, repeals former sections (R1) Zones (19.28) (Repealed by Ord. 9.18.050, 9.18.130, 9.18.140, adds 2085) new sections 9.18.015, 9.18.115, 2080 Electing and implementing participation 9.18.130, 9.18.195 (9.18) in the voluntary alternative development 2089 Amending Chapter 3.12.030 increasing program (Not codified) the transient occupancy tax rate (3.12) 2081 Amends 2.08.080 and 2.080.090 2090 Rezoning certain land(Not codified) regarding City Council rules and 2091 Amending 11.08.250 relating to conduct of meetings (2.08) bicycle lanes (11.08) 2082 Amends 11.20.020 regarding vehicular 2092 Amends Ch. 14.12, trees (14.12) stops at certain intersections (11.20) 2093 Amends 2.28.090; deletes 2.28.020, 2083 Amends 19.60.010, 19.60.080, City Manager(2.28) 19.60.090, 19.60.100 related to the 2094 Amends 6.24.020 and 6.24.300;adds streamlining and codification of ML-rc 6.24.035 regarding garbage and (19.60(Repealed by Ord. 2085)) recycling collection and disposal (6.24) 2084 Rezoning certain land(Not codified) 2095 Amends Ch. 9.06, massage 2085 Amends Ch. 2.90; adds Ch. 9.16; establishments and services(9.06) amends Ch. 14.18; amends 2096 Amends 2.18.110, City Attorney § 16.08.200; amends Title 18, Ch. (2.18) 18.04, 18.08, 18.12, 18.16, 18.20, 2097 Amends 2.28.040 regarding City 18.24, 18.28, 18.32, 18.36, 18.40, Manager powers and duties (2.28) 18.44, 18.48, 18.52, 18.56; amends 2098 Amends Ch. 19.104, signs, regarding Title 19, Ch. 19.04, 19.08, 19.12, placement of temporary political signs 19.16, 19.20, 19.24, 19.28, 19.32, (19.104) 19.36, 19.40, 19.44, 19.48, 19.52, 2100 Amends contract with PERS (Not 19.56, 19.60, 19.64, 19.68, 19.72, codified) 19.76, 19.80, 19.84, 19.88, 19.92, 12-2101 Amends 13.04.130 to prohibit feeding 19.96, 19.100, 19.104, 19.108, 19.112, waterfowl in City parks; amends 19.116, 19.120, 19.124, 19.128, 1.12.010 to seta penalty therefor 19.132, 19.136, 19.140, 19.144, (1.12, 13.04) 19.148, 19.152, 19.156, 19.160, 13-2104 Rezoning certain land (Not codified) 19.164, 19.168; repeals Title 17 (2.90, 9.16, 14.18, 16.08, 18.04, 18.08, 18.12, 18.16, 18.20, 18.24, 18.28, 18.32, 18.36, 18.40, 18.44, 18.48, 18.52, 18.56, 19.04, 19.08, 19.12, 19.16, 19.20, 19.24, 19.28, 19.32, 19.36, 19.40, 19.44, 19.48, 19.52, 19.56, 19.60, 19.64, 19.68, 19.72, 19.76, 19.80, 19.84, 19.88, 19.92, 19.96, 19.100, 19.104, 19.108, 19.112, 19.116, 19.120, 19.124, 19.128, 19.132, 19.136, 19.140, 19.144, 19.148, 19.152, 19.156, 19.160, 19.164, 19.168) 2086 Amending the zoning map (Not codified) 2087 Amending the Heart of the City Specific Plan(Not codified) 2013 S-37 Cupertino-Comprehensive Ordinance List 42