Title 5

BUSINESS TAXES, LICENSES AND REGULATIONS

Chapters:

5.04 Bingo

5.08 Cardrooms

5.12 Junk Dealers

5.16 CATV Franchises

5.20 Outdoor Festivals

5.30 Commercial Weighing and Measuring Devices

Chapter 5.04

BINGO

Sections:

5.04.010 Title.

5.04.020 Definitions.

5.04.030 Who may conduct.

5.04.040 Minors prohibited.

5.04.050 Place where game conducted.

5.04.060 Open to public.

5.04.070 Staffing.

5.04.080 Outside financial interests prohibited.

5.04.090 Use of profits.

5.04.100 Participants to be present.

5.04.110 Value of prizes.

5.04.010 Title. This chapter shall be known as the "Trinity County bingo ordinance." (Ord. 357 §1, 1977)

5.04.020 Definitions As used in this section, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers of symbols selected at random. (Ord. 357 §11, 1977)

5.04.030 Who may conduct Mobile home park associations and senior citizens organizations and organizations exempted from the payment of bank and corporation tax by Sections 23701 a, b, d through g, and 1 of the Revenue and Taxation Code may conduct bingo games within the county, provided that the receipts of such games are used only for charitable purposes. (Ord. 1102 §1, 1987)

5.04.040 Minors prohibited No minors shall be allowed to participate in any bingo game. (Ord. 357 §3, 1977)

5.04.050 Place where game conducted An organization authorized to conduct a bingo game shall conduct a game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by or whose use is donated to the organization be used or leased exclusively by or donated exclusively to such organization. (Ord. 1102 §2, 1987)

5.04.060 Open to public All bingo games shall be open to the public, not just to the members of the nonprofit organization. (Ord. 357 §5, 1977)

5.04.070 Staffing A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promotion, supervision, or any other phase of such game. This subdivision does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game. (Ord. 1102 §3, 1987)

5.04.080 Outside financial interests prohibited No individual corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. (Ord. 357 §7, 1977)

5.04.090 Use of profits With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account

and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:

A. Such proceeds may be used for prizes.

B. A portion of such proceeds, not to exceed twenty percent of the proceeds before the deduction for prizes, or one thousand dollars per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.

C. Such proceeds may be used to pay license fees.

D. A city, county, or city and county which enacts an ordinance permitting bingo games may specify in such ordinance that if the monthly gross receipts from bingo games of an organization within this subdivision exceeds five thousand dollars, a minimum percentage of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games and that the balance shall be used for prizes, rental or property, overhead, administrative expenses and payment of license fees. The amount of proceeds used for rental of property, overhead and administrative expenses is subject to the limitations specified in subsection B of this section. (Ord. 1102 §4, 1987)

5.04.100 Participants to be present No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted. (Ord. 357 §9, 1977)

5.04.110 Value of prizes The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. (Ord. 357 §10, 1977)

Chapter 5.08

CARDROOMS

Sections:

5.08.010 License required.

5.08.020 Definitions.

5.08.030 Application for license.

5.08.040 Deposit to accompany application.

5.08.050 License fees.

5.08.060 Application to be verified.

5.08.070 Application for new license—Posting notice.

5.08.080 Renewal of licenses.

5.08.090 Investigation by sheriff.

5.08.100 Grant of license.

5.08.110 Issuance and form of license.

5.08.120 Reduction in number of tables.

5.08.130 Increase in number of tables.

5.08.140 Suspension of license.

5.08.150 Review by board of supervisors.

5.08.160 Card dealers—Licensing.

5.08.170 Notices—Procedure.

5.08.180 Notices—Posting.

5.08.190 Operation after suspension.

5.08.200 Loitering by minors.

5.08.210 Access by peace officers.

5.08.220 Transfer of licenses prohibited.

5.08.230 Display of license.

5.08.240 Violations unlawful.

5.08.250 Penalties.

5.08.010 License required It is unlawful for any person to operate or own a public cardroom unless such person holds a valid license for that purpose as provided by this chapter. (Ord. 226 §1, 1957)

5.08.020 Definitions

A. "Cardroom license" or "license" as used in this chapter means a license granted pursuant to this chapter or recognized as valid by this chapter.

B. "Person" means and includes any natural person, firm, partnership, corporation, association, or other business organization, and includes the plural of any of the foregoing.

C. "Public cardroom" means and includes any of the following:

1. The business of operating, conducting or maintaining any game played with cards or dominoes, and any building or other place where such business is permitted or carried on; or

2. Any place where any game played with cards or dominoes is permitted or carried on, at which place any liquor, tobacco, or soft drinks are sold, whether or not any consideration, fee, or thing of value is paid for the privilege of playing any such game; or

3. Any place where any game played with cards or dominoes is permitted or carried on, where the owner, proprietor or operator of such place or game collects or in any way obtains from any player any consideration or thing of value in return for permitting any player to participate in such game; or

4. Any place, open to the public, where any game played with cards or dominoes is permitted or carried on. (Ord. 226 §52, 3, 4, 1957)

5.08.030 Application for license

A. Any person who intends to carry on or operate a public cardroom, or who owns any place where it is intended that a public cardroom be maintained or permitted, shall apply to the sheriff of the county. Such person shall so apply upon such written forms as the sheriff shall provide, and shall furnish such information as the sheriff determines to be necessary for him to pass upon the fitness of the applicant as the owner or operator of a public cardroom. In addition, the sheriff shall obtain from each such applicant, and each such applicant shall furnish to the sheriff in writing, all information regarding any misdemeanor of which he has been convicted during the preceding ten years, any felony of which he has been convicted or charged at any time during his lifetime, or any misdemeanor with which he has been charged in the preceding five years. The sheriff shall inquire of every usual and available official source as to any prior criminal record of the applicant, and the applicant shall be his application be deemed to have waived any and all objections to, and to have thereby authorized, any and all investigations which the sheriff shall deem necessary concerning the criminal record, business history, past employment, and character of the applicant.

B. The sheriff shall also take and file, and the applicant shall furnish, the fingerprints of the applicant. The applicant shall furnish the names of all persons who have any interest in the premises or the business conducted thereon.

C. The application shall accurately describe the premises and state how many card tables are to be maintained therein.

D. The applicant shall, in his application, list the names and addresses of not less than five persons who are residents and freeholders of the township or judicial district in which the proposed premises are located, who can vouch for the character and integrity of the applicant. (Ord. 226 §5, 1957)

5.08.040 Deposit to accompany application Each applicant shall deposit with the sheriff a cashier's check or money order in the amount of the license for the remainder of the fiscal year in progress, based on the number of tables applied for, under the provisions of Section 5.08.050, which shall be made payable to the tax collector of the county. Such sum shall be deposited by the sheriff with the tax collector before the latter shall issue any license, and the tax collector shall deposit the same in the county treasury. (Ord. 226 §6, 1957)

5.08.050 License fees

A. The license fee for the operation of a public cardroom shall be four hundred dollars per year per card table payable quarterly in advance on or before the first day of each quarter.

B. In the event the application for a license is denied, the fee deposited with the application shall be returned to the applicant, except as may specifically be provided to the contrary in this chapter.

In addition, each applicant shall pay an application fee by depositing with the sheriff a cashier's check or money order in the amount of twenty-five dollars, payable to the tax collector of the county. The sheriff shall immediately deposit the same with the tax collector, who shall deposit same in the county treasury. Such fee shall be deemed necessary to defray in part the expense of investigation of the applicant, and no part of the same shall be refundable. (Ord. 226 §7, 1957)

5.08.060 Application to be verified The application shall be verified under oath by having attached thereto the affidavit of each of the applicants stating therein that all facts set forth in the application are true to his own knowledge, except such facts as are stated on information and belief, and that as to the latter, he believes them to be true. (Ord. 226 §8, 1957)

5.08.070 Application for new license—Posting notice When any person shall apply for a license under this chapter, who is not a holder of a valid and unexpired license issued under, or recognized as valid by, this chapter, the sheriff shall post a notice of such application as provided in Section 5.08.180 not less than ten days before he shall consider and issue the same. The sheriff shall not issue a new license until such notice has been so posted. (Ord. 226 §9, 1957)

5.08.080 Renewal of licenses Any person who holds a valid and unexpired license issued under this chapter may make application for a renewed license by applying in writing to the sheriff in the same manner, and shall pay the same fees, as in the case of a. new license, except that no notices shall be posted, and the application fee mentioned in Section 5.08.050 C shall not be paid by such applicant. (Ord. 226 §10, 1957)

5.08.090 Investigation by sheriff Upon receipt of the application and required license fee, the sheriff of the county shall make an investigation of the premises wherein said card games are to be played and of the moral character, integrity and

fitness of the applicant and the health and safety features surrounding the place where the cardroom is to be maintained. (Ord. 226 §11, 1957)

5.08.100 Grant of license If the sheriff finds that operation of the cardroom by the persons and upon the premises as proposed will not interfere with proper law enforcement, not act to the injury of the morality, health or safety of the public, nor tend to cause a disturbance of the peace and tranquility of the community in which the premises are situated, he shall grant the license and cause the same to be issued, depositing the fee with the tax collector. (Ord. 226 §12, 1957)

5.08.110 issuance and form of license Upon payment of the required fee, as set forth in this chapter, and upon order of the sheriff, the tax collector shall issue his certificate attesting the payment of such fees, and certifying that the applicant, as authorized by the sheriff, is licensed to operate, manage or conduct a public cardroom. Such license shall specify the place of business whereupon such public cardroom may be located, and the number of card tables which may be operated by the licensee upon the premises. A copy of the certificate shall be furnished by the tax collector to the sheriff. The form of the certificate shall be as prescribed by the sheriff and shall be prepared and furnished by the tax collector. (Ord. 226 §13, 1957)

5.08.120 Reduction in number of tables

A. At the time of granting the license, if the sheriff shall determine such action to be in the best public interest and more conducive to proper law enforcement, or if the applicant should so request prior to such time, he may require that the number of tables be reduced below the number applied for. In such case the license fee shall be reduced accordingly and the balance of the fee previously deposited shall be returned.

B. After a license has been granted, and the number of tables is for any reason reduced, the licenseholder shall not be entitled to any refund. (Ord. 226 §14, 1957)

5.08.130 Increase in number of tables

A. A licensee may apply to the sheriff, in writing, for an increase in the number of tables at which tile playing of cards is to be permitted or carried on. If the sheriff should find such increase in tables not to be contrary to the public interest or proper law enforcement, he may grant the application, otherwise he shall deny the same. The licensee shall surrender his license to the tax collector, who shall, on payment of fee required in this chapter, and on order of the sheriff, either issue a new certificate or make an endorsement on the old one, showing the number of tables permitted.

B. The licenses shall pay, prior to the issuance of the new certificate, a fee for the increased number of tables, based on the date of the application, applying the rate set forth in Section 5.08.050 for each such additional table. (Ord. 226 §15, 1957)

5.08.140 Suspension of license The sheriff may suspend any license at any time that he shall in his discretion determine that conduct of the particular public cardroom to be incompatible with proper law enforcement, and shall suspend the same if the licensee shall violate any provision of this chapter, or violate or permit anyone to violate, on the premises of the licensee, any statute or county ordinance. Such suspension may be for a fixed or indefinite period, as determined by the sheriff. The sheriff shall.remove the license from the premises, until the same shall be restored. (Ord. 226 §16, 1957)

5.08.150 Review by board of supervisors

A. Whenever an application is denied, or a license is suspended, by the sheriff, the applicant or licensee may apply to the board of supervisors for a review of the action of the sheriff, which application shall be in writing and filed with the clerk of the board of supervisors not more than fifteen days after such denial or suspension.

B. Not more than thirty days after such filing, the board shall hear the applicant or licensee, the sheriff, and all other interested persons. If the board shall find that the operation of the particular cardroom by the licensees will not interfere with proper law enforcement, nor act to the injury of the morality, health or safety of the public, nor tend to cause a disturbance of the peace and tranquility of the community in which the premises are situated, the board shall order the license to be granted or restored as the case may be, otherwise, it shall deny such application. The action of the board shall be final; provided that the action of the board shall not prevent a subsequent suspension by the sheriff for good cause and based upon new evidence.

C. The clerk of the board shall give the applicant or licensee, and the sheriff, notice in writing as provided in Section 5.08.170. (Ord. 226 §17, 1957)

5.08.160 Card dealers—Licensing

A. Any person who makes a business of dealing cards or who receives any fee or compensation for acting as a card dealer anywhere within the unincorporated area of the county must hold a license issued under the provisions of this chapter, which must be in his possession when so acting as a dealer. Such dealer's license shall not authorize the operation of a public cardroom in any place other than in a licensed premises. No holder of a cardroom license is exempt from the foregoing provisions.

B.. A person who intends to act as such a card dealer shall apply to the sheriff in the manner provided in Section 5.08.030 and Section 5.08.060, any comply with all of the requirements thereof, except that no information relating to the description of any premises or number of tables shall be required, to the end that the sheriff may investigate and pass

upon the fitness of the applicant as a card dealer.

C. The application shall be accompanied by a cashier's check or money order in the amount of twenty-five dollars payable to the tax collector of the county to offset the cost of investigation of the applicant. The sheriff shall deposit the same with the tax collector who shall deposit the same in the county treasury and which shall not be subject to refund in any case.

D. The sheriff shall investigate the character and history of the applicant, and if he finds the applicant to be a fit an proper person to act as a card dealer, in respect to proper law enforcement and public morals, he shall issue the license, otherwise he shall deny the same. Issuance shall be made under all applicable provisions of Section 5.08.110. The sheriff may require that the license bear a photograph of the licensee, and all other information necessary for his identification.

E. The sheriff may suspend any such license at any time he shall determine the holder not to be a fit and proper person to act as a card dealer in respect to proper law enforcement and public morals. Any person who is in possession of such a suspended license must surrender the same to any peace officer on request.

F. All operators and employees shall wear while on duty an identifying tag on their person in plain sight at all times. The identification tag shall include a photo-graph of the owner, operator or employee. It shall be unlawful to refuse to display any such license to any peace officer on request, or for any person, other that a peace officer, to have the license of another person in his possession.

G. Whenever such an application is denied or such a license is suspended, application may be made to the board of supervisors for review, and the matter shall be noticed and heard, in the manner set forth in Section 5.08.150 insofar as is applicable. If the board of supervisors shall find that the applicant or licensee is a fit and proper person to act as a card dealer in respect to proper law enforcement and public morals, it shall order the license to be granted or restored, as the case may be, otherwise it shall deny the application. The action of the board shall be final, provided that it shall not prevent subsequent action by the sheriff for good cause and based upon new evidence. (Ord. 226 §18, 1957)

5.08.170 Notices—Procedure Unless otherwise specifically provided in this chapter, whenever any notice is required to be given to a licensee or licensees it shall be given by mailing the same to the person and address designated in the application for the license for that purpose by registered mail. If the notice is one concerning a hearing it shall be placed in the United States mail not more than five days prior to the date of such hearing, unless other-wise provided in this chapter. (Ord. 226 § 19(a), 1957)

5.08.180 Notices—Posting Unless otherwise specifically provided in this chapter whenever any notice is required to be posted, it shall be posted by the sheriff out-side of and in the immediate proximity of the main entrance of the establishment to which the notice pertains in a conspicuous place most likely to be seen by the public. Any notice concerning a hearing, if required in this chapter, shall be so posted not later than five days prior to the date set for such hearing, unless otherwise provided in this chapter. (Ord. 226 §19(b), 1957)

5.08.190 Operation after suspension It shall be unlawful for any person to manage, operate, conduct or carry on any public cardroom after suspension or revocation of his license. (Ord. 226, §20, 1957)

5.08.200 Loitering by minors It shall be unlawful for any person, including licensees under this chapter, to suffer or permit any person under the age of twenty-one years to visit, remain in, or loiter about the interior, .doorways or entrances of any public cardroom. (Ord. 226 §21, 1957)

5.08.210 Access by peace officers

A. It shall be unlawful for any person to conduct, manage or operate any public cardroom behind locked, barred or barricaded doors, or in any building, tent, trailer or other place built or protected in such a manner as to make such public cardroom difficult of access or ingress to peace officers.

B. Every cardroom must have a plain glass window at least six feet wide by three feet high, the lower sill of which shall be four feet from the floor in order that law enforcement officials and the general public. may see from the outside of the building who is participating in the card games and that no illegal games are being conducted therein.

C. Every cardroom must be partitioned off from any bar, poolroom, cigar store, or other business, or where any food is served such as restaurants and cafes. These partitions must include a plain glass window at least six feet wide by three feet high, the lower sill of which shall be four feet from the floor in order that law enforcement officials and the general public may see from the outside of the partition who is participating in the card games and that no illegal games are being conducted therein. (Ord. 226 §22, 1957)

5.08.220 Transfer of licenses prohibited No license issued under this chapter shall apply to any premises or person other than as originally issued, and shall not be transferable, except with the approval of the sheriff, who may in his discretion authorize the transfer of legal title of the premises, or transfer of a part interest in a business in connection with which the license was issued, provided that it is found that one or more of the original applicants who is or are responsible persons, continued to actively supervise the business and all activities on the premises. Except as so authorized, any such transfer shall be grounds for immediate suspension of a license. (Ord. 226 §23, 1957)

5.08.230 Display of license

A. The license must be displayed at all times near the main entrance of the licensed premises and failure to do so at

any time that card playing is carried on or permitted shall be unlawful.

B. It shall be unlawful to post or display any invalid, suspended, or expired license.

C. The license must be displayed to any peace officer on demand, and shall be surrendered to the sheriff immediately upon his demand following suspension. Failure to do so shall be unlawful. (Ord. 226 §24, 1957)

5.08.240 Violations unlawful Violation of any provision of this chapter shall be unlawful, and subject to the penalties provided in this chapter, whether or not specifically so stated excepting those provisions of the chapter which are directory as to the procedures to be followed by county officers. (Ord. 226 §26, 1957)

5.08.250 Penalties Any violation of the provisions of this chapter shall constitute a misdemeanor, punishable by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment. (Ord. 226 §27, 1957)

Chapter 5.12

JUNK DEALERS

Sections:

5.12.010 Definitions.

5.12.020 License required.

5.12.030 Application—Generally.

5.12.040 Application fee.

5.12.050 Documents accompanying application.

5.12.060 Sheriff's report.

5.12.070 Transferability.

5.12.080 Revocation.

5.12.090 Reinstatement.

5.12.100 Junk dealer's reports to sheriff.

5.12.110 Inspection of reports.

5.12.120 Records required.

5.12.130 Transporting junk from county.

5.12.140 Filing of reports.

5.12.150 Fictitious name prohibited.

5.12.160 Holding property before disposition.

5.12.170 Alterations.

5.12.180 Dealing with minors.

5.12.190 Exemptions.

5.12.200 Closing hours.

5.12.210 Separate licenses.

5.12.220 Expiration of license.

5.12.230 Violation—Penalty.

5.12.010 Definitions

A. "Itinerant junk dealer" means any person who goes about from house to house, or place to place, gathering, receiving, collecting, buying or otherwise acquiring, selling, or otherwise disposing of, or otherwise dealing in secondhand articles, goods, wares or merchandise of any type or description.

B. "Junk dealer" means any person who carries on, conducts, maintains or engages in the business of buying or otherwise acquiring, or selling, or otherwise disposing of, otherwise dealing in, secondhand articles, goods, wares or merchandise of any type or description.

C. "Person" means and includes both the singular and plural, and means any person, copartnership, association, form, club, society or corporation. (Ord. 217 §1, 1956)

5.12.020 License required It shall be unlawful for any person to act as a junk dealer, within the county without first making an application for and receiving from the board of supervisors of the county a license to act as a junk dealer. It shall be unlawful for any person to act as an itinerant junk dealer within the county without first making an application for and receiving from the board of supervisors of the county, a license to act as an itinerant junk dealer. (Ord. 217 §2, 1956)

5.12.030 Application—Generally Any person desiring any of the licenses referred to in Section 5.12.020 shall make application to the board of supervisors upon blanks furnished therefor. If the application is made by an individual he shall make oath that the contents of the application are true, and the contents of the application shall include the name and age of applicant, his present address or addresses, and the name under which the applicant has conducted a similar business within twelve months immediately preceding the date of the application. If the application for a license shall be

made by the general manager thereof, or by one having the authority of a general manager, in such case the application shall state the true name of the organization, the date of its organization, its type, the location of its principal place of business, the names and address of its officers, or, in the case of a copartner-ship, the names and addresses of all the partners. (Ord. 217 §3(part), 1956)

5.12.040 Application fee Any person making application for any of the licenses referred to in Section 5.12.020 shall accompany the application with a license fee in the sum of thirty dollars, which sum includes the sum of ten dollars representing an investigation fee. The license fee shall be paid to the county clerk. Should the application for a license be refused, the sum of twenty dollars only shall be refunded to the applicant. (Ord. 217-1 §1, 1973: Ord. 217 §3(part), 1956)

5.12.050 Documents accompanying application The applicant, at the request of the sheriff, shall accompany such application with photographs and fingerprints of all the individuals who are to be actually engaged in the buying or otherwise acquiring of secondhand goods, wares and merchandise for the business for which the license is requested. In the event any other person, after the license has been granted, shall be engaged in the management, buying or otherwise acquiring of such goods, wares and merchandise the licensee shall furnish to the sheriff on request the photograph and fingerprints of such person. No license shall be issued until any such demand has been complied with, and any license which shall have been issued shall be suspended or revoked if the licenses does not, within a reasonable time, comply with the provisions of this section. (Ord. 217 §4, 1956)

5.12.060 Sheriff's report The license applied for shall not be issued to the applicant until the sheriff, after investigation, shall file a report upon such application designating whether or not the applicant is a proper person to be granted the license applied for. The sheriff shall be allowed sixty days from the date of the application, if he desires, within which to file such report. (Ord. 217 §5, 1956)

5.12.070 Transferability No license issued under the provisions of this chapter shall be transferable, and it shall be unlawful for any person to operate or conduct any business before obtaining a license as provided in Section 5.12.020. (Ord. 217 §6, 1956)

5.12.080 Revocation The board of supervisors may suspend for a limited period, or it may revoke, a license issued pursuant to the terms and provisions of this chapter upon receiving legal evidence that the person holding the license has been convicted of any violation of this chapter, or of any other ordinance or law of the county relating to any business for which a license is required by this chapter or has conducted his business in an unlawful manner. (Ord. 217 §7, 1956)

5.12.090 Reinstatement Whenever a license is suspended under the terms and provisions of this action, an application may be made for reinstatement of the license after, but not before the expiration of a period of thirty days from the date of the suspension. Whenever a license is revoked under the provisions of this section an application may be made for a license provided for by this chapter after, but not before, the expiration of a period of ninety days from and after the date of the revocation. (Ord. 217 §8, 1956)

5.12.100 Junk dealer's reports to sheriff Every person acting as a junk dealer shall mail or deliver daily to the sheriff of the county, on the original of blank forms that will be obtainable from the sheriff for such purpose, a full, true and complete report, written or printed in the English language in a clear and legible manner, of all secondhand articles, goods, wares, and merchandise purchased or otherwise acquired, upon any terms or conditions or for any purpose or purposes whatever, during the day preceding the mailing or delivering of such report shall show with respect to each item the following particulars:

A. A complete description of the same, including the manufacturer's trade name or brand, if any, its size and color, and, if the item has engraved thereon any number, word or initial, or contains any settings of any kind, the description shall include such number, work or initial and the kind of settings, if any, and the number thereof;

B. The cost of each item or, if the item is acquired as an exchange, a brief description of the item exchanged for it;

C. The true name and address, as nearly as the same is known to or can be ascertained by such licensee and, if possible, the personal signature of the person or persons from whom such article was received or purchased or other-wise acquired, together with a full and complete description of such person or persons, such as height, weight, color of eyes, color of hair, dress and occupation;

D. If the item is delivered or received from a vehicle, its license number, if any, and its type and color; provided, however, that such report shall not be required in transactions between licensees under this chapter as to property therefor released, in accordance with this chapter. (Ord. 217 §9, 1956)

5.12.110 Inspection of reports Each person required to make the foregoing report shall retain the duplicate copy thereof as a permanent record at the place of business of the person, if the person has a place of business, otherwise at the residence of the person. The triplicate copies shall be open for inspection at all times during business to any enforcement officer, his agent, deputy or investigator. (Ord. 217 §10, 1956)

5.12.120 Records required Each of the persons shall also keep a permanent record showing the following particulars

relative to the disposition of all secondhand articles, goods, wares and merchandise disposed of by the person:

A. Date of disposition;

B. Place of disposition; and

C. Name and address of the person buying or otherwise acquiring it;

which record shall be open for inspection at all times during business hours to any law enforcement officer or his regularly paid deputies. (Ord. 217 §11, 1956)

5.12.130 Transporting junk from county It shall be unlawful for any person to transport through or out of the county any property covered by this chapter without first having the same inspected and released by the sheriff of the county. (Ord. 217 §12, 1956)

5.12.140 Filing of reports The sheriff shall file all reports delivered to him pursuant to the provisions of this chapter in a secure place in his office, and they shall be open for inspection to any law enforcement officer, his agent, deputy or investigator. (Ord. 217 §13, 1956)

5.12.150 Fictitious name prohibited It shall be unlawful for a person to use a fictitious name or incorrect address in any report made pursuant to the provisions thereof. (Ord. 217 §14, 1956)

5.12.160 Holding property before disposition It shall be unlawful for any licensee under this chapter to sell or otherwise dispose of any secondhand articles, goods, wares or merchandise of any type or description within seven days after report of the same is made to the sheriff pursuant to the provisions of Section 5.12.100; provided, however, that if the articles, goods, wares or merchandise are fit for the use for which they were originally intended or made, it shall be unlawful to sell or otherwise dispose of the same within twenty-one days after the report of the same is made to the sheriff, pursuant to the provisions of Section 5.12.100. The sheriff is authorized to release any property covered by this chapter which he inspects and is satisfied that the same is in the lawful possession of such person, regardless of whether any waiting period, as provided by this chapter, has expired; and provided further, that as between licenses under this chapter, such waiting period shall not apply to property heretofore released in accordance with this section. (Ord. 217 15, 1956)

5.12.170 Alterations It shall be unlawful, prior to the time that any articles, goods, wares or merchandise may be lawfully disposed of, to clean, alter, repair, paint or otherwise change the appearance of the same, or to fail to expose.the same to public view at all times during business hours. (Ord. 217 16, 1956)

5.12.180 Dealing with minors It shall be unlawful for any person acting as a junk dealer or itinerant junk dealer to purchase or otherwise acquire any secondhand articles, goods, wares and merchandise of any type or description offered said person by any minor under the age of eighteen years. (Ord. 217 17, 1956)

5.12.190 Exemptions The provisions of Section 5.12.180 shall not be deemed to apply to the purchase, or acquirement by other means, by persons acting as junk dealers or itinerant junk dealers of the following secondhand articles, goods, wares and merchandise: rags, bottles, sacks in lots of fifty or less, barrels, cans and newspapers. (Ord. 217 §18, 1956)

5.12.200 Closing hours It shall be unlawful for any person acting as a junk dealer to purchase or otherwise acquire secondhand articles, goods, wares or merchandise within the county between the hours of six p.m. of one day, and seven a.m. of the next succeeding day, or on Sunday or on a legal holiday. (Ord. 217 §19, 1956)

5.12.210 Separate licenses It shall be unlawful for any person acting as a junk dealer to also act as an itinerant junk dealer without obtaining a license to act as an itinerant junk dealer; provided, however, that a person acting as a junk dealer may use motor or other vehicles if incidental to his business as a junk dealer, without having to obtain a license to act as an itinerant junk dealer. (Ord. 217 §20, 1956)

5.12.220 Expiration of license Upon the expiration of any license issued under the provisions of this chapter the holder thereof shall be entitled to a new license for the ensuing year without making an application for a new license, provided the sheriff has endorsed upon the old license his approval of this issuance of a new one for the ensuing year. (Ord. 217 §21, 1956)

5.12.230 Violation—Penalty Every person violating or failing or neglecting or refusing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day during any portion of which the violation of, or failure, neglect, or refusal to comply with any of the provisions of this chapter is committed, continued or permitted by such person. (Ord. 217 §22, 1956)

Chapter 5.16

CATV FRANCHISES

Sections:

5.16.010 Title.

5.16.020 Definitions.

5.16.030 Uses permitted by grantee.

5.16.040 Duration of franchise.

5.16.050 Franchise payment.

5.16.060 Limitations of franchise.

5.16.070 Rights reserved to the county.

5.16.080 Permits and authorizations.

5.16.090 Location of grantee's properties.

5.16.100 Removal or abandonment of property of grantee.

5.16.110 Change required by public improvements.

5.16.120 Failure to perform street work.

5.16.130 CATV installation shielding.

5.16.140 Faithful performance bond.

5.16.150 Indemnification of the county.

5.16.160 Inspection of property and records.

5.16.170 FCC rules applicable.

5.16.180 Operational standards.

5.16.190 Place of filing.

5.16.200 Failure to operate system.

5.16.210 State or federal jurisdiction.

5.16.220 Availability of service.

5.16.230 Selling televisions prohibited.

5.16.240 Schedule of charges.

5.16.250 Conversion to UHF distribution.

5.16.260 Free service.

5.16.270 Waiver of conditions or imposition of additional conditions.

5.16.280 Franchise grant by ordinance.

5.16.290 Franchise renewal.

5.16.300 Unlawful acts—Penalty.

5.16.010 Title This chapter shall be known as the "cable television ordinance." (Ord. 366 §1, 1978)

5.16.020 Definitions For the purpose of this chapter, the following terms, phrases, words and their derivatives shall have the meanings given in this section:

A. "Board" means the board of supervisors or any future board constituting the legislative body of the county.

B. "Community antenna television system" or "CATV" means coaxial cables, wave guides, or other conductors and equipment for providing television service by cable or through its facilities as contemplated in this chapter.

C. "County" means the county of Trinity.

D. "Federal Communications Commission" or "FCC" means the present federal agency of that name as constituted by the Communications Act of 1934, or any successor agency created by the United States Congress.

E. "Grantee" means the persons or corporations to whom or which a franchise under this chapter is granted by the board of supervisors and the lawful successor or assignee of said person or corporations.

F. "Gross subscriber revenues" includes any and all compensation or receipts derived by grantee from installation, disconnection and reinstallation charges and periodic service charges in connection with the carriage of broadcast services with the county, but shall not include any refunds or credits made to subscribers or any taxes imposed upon the services furnished by grantee. Nor shall it include revenue from "ancillary" or "auxiliary" services, which include, but are not limited to, advertising, leased channels, and programming supplied on a per program or per channel charge basis, if any.

G. "Street" means the surface of, and the space above and below, any public street, road, highway, freeway, land, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the county.

H. "Subscribers" means any person or entity receiving for any purpose the CATV service of the grantee under this chapter. (Ord. 366 §2, 1978)

5.16.030 Uses permitted by grantee

A. Any nonexclusive franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the county within, and for that purpose, erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street or highway, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from public utility franchised or permitted to do business in the county.

B. The grantee may make a charge to subscribers for connection to its CATV system and a fixed monthly charge as

filed and approved as provided in this chapter, for transmission to them only of television and audio programs received free by the public generally at the same time from regularly licensed stations. (Ord. 366 §3, 1978)

5.16.040 Duration of franchise No franchise, granted by the board of supervisors under this chapter, shall be for a term longer than twenty years following the date of acceptance of such franchise by the grantee or the renewal thereof. Any franchise may be terminated prior to its date of expiration by the board of supervisors in the event that the board shall have found, after notice, that (a} the grantee has failed to comply with any provision of this. chapter, or has, by act or omission, violated any term or condition of any franchise or permit issued under this chapter; or (b) any provision of this chapter has become invalid or unenforceable, and the county further finds that such provision constitutes a consideration material to the grant of the franchiae; provided, however, that the grantee shall be given at least fifteen days' notice of any proposed termination proceedings. (Ord. 366 §4, 1978)

5.16.050 Franchise payment

A. Any grantee granted a franchise under this chapter shall pay to the county, during the life of such franchise, and at the times hereinafter specified, a sum equal to a percentage of the monthly total gross receipts of the grantee, and such payment by the grantee to the county shall be in lieu of any occupation tax, license tax or similar levy, and shall be paid monthly.

B. The grantee shall file with the county, within sixty days after the expiration of any calendar year during which such franchise is in force, a financial statement prepared by a public accountant showing in detail the total gross receipts of grantee, its successors or assigns, during the preceding calendar year. It shall be the duty of grantee to pay to the county within fifteen days after the time for filing such statements, any unpaid balance for the calendar year covered by such statements.

C. The county shall have the right of inspection of the grantee's records showing its gross receipts. (Ord. 366 §5, 1978)

5.16.060 Limitations of franchise

A. A franchise granted under this chapter shall be nonexclusive.

B. No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed in this chapter.

C. Any privilege claimed under such franchise by the grantee in any street, or other public property, shall be subordinate to any prior lawful occupancy of the streets, or other public property.

D. Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without prior consent of the board of supervisors expressed by ordinance or resolution, and then only under such conditions as may be therein prescribed. The consent of the county may not be arbitrarily refused; provided, however, the proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter; and provided further, that no such contest shall be required for a transfer, mortgage or other hypothecation as a whole, to secure an indebtedness. Should the grantee be adjudicated a bankrupt or become insolvent, or seek the benefits of any law now or hereafter in effect during the term of the franchise for the financial relief of debtors, the board of supervisors at its election, may immediately terminate all rights granted by the franchise upon service of ten days' written notice by registered or certified mail of such election upon the grantee.

E. The grantee shall have no recourse whatsoever against the county for any loss, cost, expense, or damage, arising out of any provisions or requirements of this chapter or its enforcement.

F. The grantee is subject to all requirements of the county ordinances, rules, regulations and specifications of the county heretofore or hereafter enacted or established including, but not limited to, those concerning street work, street excavations, use, removal and relocation of property within a street, and other street work.

G. No franchise granted under this chapter shall in any way or to any extent impair or affect the rights of the county to acquire the property of the grantee either by purchase or by exercising the right of eminent domain, nor shall any franchise granted under this chapter ever be given any value before any court or other public authority, in any proceedings of any character, in excess of the cost to the grantee of any necessary publication and any-other sum paid by it to the count for such franchise at the time of the acquisition thereof. (Ord. 366 §6, 1978)

5.16.070 Rights reserved to the county There is reserved to the county every right and power which is required under this chapter to be reserved or provided by any ordinance of the county, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the county in its exercise of such right or power, heretofore or hereafter enacted or established. (Ord. 366 §7, 1978)

5.16.080 Permits and authorizations The grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, and to commence construction of its facilities and to render service to its subscribers. Failure of the grantee to proceed with due diligence shall be grounds for termination of the franchise. (Ord. 366 §8, 1978)

5.16.090 Location of grantee's properties

A. Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets

shall be so constructed or installed only at such locations and in such manner as shall be approved by the planning director of the county acting in the exercise of his reasonable discretion.

B. The grantee shall not install or erect any facilities or apparatus on public property or rights-of-way within the county (except those installed or erected upon public utility facilities now existing), without written approval of the planning director.

C. In those areas and portions of the county where either the transmission and distribution facilities of the public utility providing telephone service or those of the utility providing electric service, are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate, and maintain all of its transmission and distribution facilities underground. Amplifiers in grantee's transmission and distribution lines may be in concrete boxes or vaults upon the surface of the ground. (Ord. 366 §9, 1978)

5.16.100 Removal or abandonment of property of grantee In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve months, or in the event such system or, property has been installed in any street or public place without complying with the requirements of its franchise, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given notice, remove from the streets or public places all such property and poles of such system other than any which the planning director may permit to be abandoned in such place. In the event of any such removal, the grantee shall promptly restore the street or other area from which such property has been removed, to a condition satisfactory to the planning director of the county. (Ord. 366 §10, 1978)

5.16.110 Change required by public improvements The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street, alley or public place, or remove from the street, alley or public place, any property of the grantee when required by the planning director by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity, or any other structures or public improvements; provided, however, the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 5.16.090. (Ord. 366 §11, 1978)

5.16.120 Failure to perform street work Upon failure of the grantee to complete any work required by law or by the provisions of this chapter to be done in any street, within the time prescribed, and to the satisfaction of the planning director, the board of supervisors may cause such work to be done. and the grantee shall pay to the county the cost thereof in the itemized amounts reported by the planning director to the grantee, within thirty days after receipt of such itemized report. (Ord. 366 §12, 1978)

5.16.130 CATV installation shielding The grantee shall at all times during the term of any franchise granted under this chapter, at its own cost and expense, properly and in a good workmanlike manner, install and maintain adequate shielding, filtering and grounding at affected installations within the CATV system to eliminate television interference encountered from fundamental frequency overload by radio amateur transmissions which are in compliance with Federal Communications Commission regulations. (Ord. 366 §13, 1978)

5.16.140 Faithful performance bond

A. The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, file with the county clerk, and at all times thereafter maintain in full force and effect for the term of such franchise, at grantee's sole expense, a corporate surety bond in a company approved by, and in a form to be approved by, the district attorney, in the amount of ten thousand dollars, renewable annually, and conditioned upon the faithful performance of grantee, and upon the further condition that in the event grantee fails to comply with any one or more of the provisions of this chapter, or of any franchise issued to the grantee under this chapter, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the county as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond; said condition to be a continuing obligation for the duration of such franchise and thereafter until the grantee has liquidated all of its obligations with the county that may have arisen from the acceptance of the franchise by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty days' prior written notice of intention not to renew, cancellation, or material change be given to the county.

B. Neither the provisions of this section, any bond accepted by the county pursuant thereto, nor any damages recovered by the county thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued under this chapter or for damages, either to the full amount of the bond or otherwise. (Ord. 366 §14, 1978)

5.16.150 Indemnification of the county

A. The grantee shall, at all times during the existence of any franchise issued under this chapter, maintain in full force and effect, furnish to the county, and file with the board of supervisors of the county, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the county of Trinity, its officers, boards, commissions, agents and

employees, in a company approved by the auditor and in a form satisfactory to the district attorney, protecting the county and all persons against liability for loss or damage for personal injury, death, and property damage, occasioned by the operations of grantee under such franchise, with minimum liability limits of one hundred thousand dollars for personal injury or death of any one person and three hundred thousand dollars for personal injury or death of two or more persons in any one occurrence, and fifty thousand dollars for damage to property resulting from any one occurrence.

B. The policies mentioned in subsection A shall name the county, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of any cancellation or reduction in coverage of the policy shall be delivered to the county ten days in advance of the effective date thereof; if such insurance is provided in either case by a policy which also covers grantee or any other entity or person than those abovenamed, then such policy shall contain the standard cross-liability endorsement.

C. No franchise granted under this chapter shall be effective unless and until each of the foregoing policies of insurance as required in this section have been delivered to the county.

D. By accepting a franchise the grantee agrees to save and hold harmless the county, its officers, boards, commissions, agents and employees from any and all claims, costs, demands, causes of action, suits, loss, expenses, or other detriment or liability arising from or out of the operations of the grantee under the franchise, or on account of any failure of or defect in the service rendered by the grantee by its subscribers, from any cause whatsoever. The grantee agrees that in all written contracts made between itself and its subscribers a clause shall be inserted to the effect that no municipal corporation or other political subdivision having jurisdiction over the grantee or the grantee's properties is responsible or answerable for any default or omission of the grantee, or for any interruption or interference with the service of the grantee, from any cause whatsoever. (Ord. 366 §15, 1978)

5.16.160 Inspection of property and records At all reasonable times, the grantee shall permit any duly authorized representative of the county to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the county, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect thereto. The grantee shall, at all times, make and keep in the county full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets, alleys and public places in the county. The grantee shall file with the planning director, on or before the last day in March of each year, a current map or set of maps drawn to scale to be designated by the planning director, showing all CATV system equipment installed in streets, alleys and public places of the county during the previous year. (Ord. 366 §16, 1978)

5.16.170 FCC rules applicable This franchise is governed by and subject to all applicable rules, regulations and policies of the Federal Communications Commission, specifically including Part 76, and by the laws of the state. Should there be any modifications of the provisions of Part 76 of the Rules and Regulations of the Federal Communications Commission, specifically including Section 76.31, that must be incorporated into this franchise, the county and grantee agree that such incorporation shall be accomplished within one year after the effective date of the FCC's adoption of the modification or upon renewal of this franchise, whichever occurs first. (Ord. 366 §17, 1978)

5.16.180 Operational standards The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the'effect that subscribers shall receive the highest possible service. In determining the satisfactory extent of such standards the following will apply:

A. The system shall be installed using all-band equipment capable of passing the entire VHF and FM spectrum, and it shall have the further capability of converting UHF for distribution to subscribers on the VHF band.

B. The system, as installed, shall be capable of passing standard color TV signals without the introduction of noticeable effects on color fidelity and intelligence.

C. The system and all equipment shall be designed and rated for twenty-four-hour-per-day continuous operation.

D. Federal Communications Commission standards shall be met or exceeded for signals as delivered to the antenna terminals of the customer's set. (Ord. 366 §18, 1978)

5.16.190 Place of filing All matters in this chapter provided to be filed with the county shall be filed with the county clerk unless otherwise specified. (Ord. 366 §19(a}, 1978)

5.16.200 Failure to operate system. If grantee should fail to operate its system for a period of two years from the date such service begins, the subscribers who have paid installation charges shall be entitled to a refund of the installation charges less 1/24th of each charge for each month elapsing from the time service was first started to that subscriber and during which time service was available to him. (Ord. 366 §19(b), 1978)

5.16.210 State or federal jurisdiction In the event the Public Utilities Commission of the state or the Federal Communications Commission or any other state or federal agency takes jurisdiction over the operations and rates of the grantee, then the authority of the county to approve rates and charges and to prescribe standards of operations under this franchise shall cease. (Ord. 366 §19(c), 1978)

5.16.220 Availability of service The grantee shall maintain an office within the county limits of Trinity County so that

CATV maintenance service shall be promptly available to subscribers upon telephone request and not less than twenty-four hours during a week and not less than forty-eight hours on weekends and/or holidays. (Ord. 366 §19(d), 1978)

5.16.230 Selling televisions prohibited The grantee shall not engage directly or indirectly in the business of selling television or other receivers which make use of signals transmitted by its system, nor shall the grantee engage in the repair of such receivers or the sale of parts for the same. If the grantee is a corporation, partnership, or other association of natural persons, this prohibition shall likewise apply to the officers, directors, and employees or agents of the grantee, to general limited partner of any partnership grantee, and to any person or combination of persons who hold or control more than five percent of the corporate stock or other evidence of ownership of the grantee, and shall likewise apply to any affiliated or subsidiary corporation owned or controlled by the grantee or by its officers, directors or stockholders, and shall likewise apply to any corporation or entity which acts in the capacity of a holding company or controlling company of the grantee. (Ord. 366 19 (e), 1978)

5.16.240 Schedule of charges The grantee shall deliver to the county, within fifteen days after the franchise grant, a complete schedule showing its installation charges, service charges, and other charges to its subscribers. The board of supervisors shall approve the same if such charges are reasonable in the judgment of the board. All charges provided in such approved schedule shall be subject to change by the grantee upon sixty days' written notice if such charges are reasonable in the judgment of the board. (Ord. 366 §19(f), 1978)

5.16.250 Conversion to UHF distribution Whenever any CATV system operated under such franchise shall be converted to UHF distribution, in any manner of distribution, all rates, fees and charges of the grantee for any service provided under such system, and also the service practices of the grantee, shall be subject to regulation by the board of supervisors to the fullest extent allowed by the constitution and laws of the state and the county, unless and until such regulation is granted by competent authority to the jurisdiction of a superior governmental agency. (Ord. 366 §19(g), 1978)

5.16.260 Free service The grantee shall provide free of charge one service drop and CATV service for all public schools, public law enforcement and fire stations, public hospitals or convalescent homes, public recreation centers, and any additional six municipal buildings designated by the board of supervisors, provided that such locations are passed by transmission cable maintained for the service of paying subscribers. Such facilities shall pay time and material for installation only. (Ord. 366 §20, 1978)

5.16.270 Waiver of conditions or imposition of additional conditions All franchises for CATV services are subject to the requirements of the laws and regulations of the county and the general laws of the state. The board of supervisors in the granting of any such franchise may impose additional terms and conditions whether or not required by law, and may waive terms and conditions required by the charter and laws of by this chapter when such waiver is not inconsistent with or contrary to the mandatory terms of effective general laws. (Ord. 366 §21, 1978)

5.16.280 Franchise grant by ordinance CATV franchises may in any case be granted by ordinance of the board of supervisors as provided in Section 50366 of the Government Code of the state, and such ordinance may incorporate any or all of the terms of this chapter by reference. (Ord. 366 §22, 1978)

5.16.290 Franchise renewal Franchises granted under this chapter are renewable at the application of the grantee, its lawful successors or assignees for such period of time and at such return to the county as the board and the applicant may agree upon by negotiation. (Ord. 366 §23, 1978)

5.16.300 Unlawful acts—Penalty

A. It shall be unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of grantee's cable television system for the purpose of enabling himself or others to receive any television signals, radio signals, pictures, programs, sounds, or any other information or intelligence transmitted over grantee's cable system without payment to grantee or its lessee.

B. It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cable, wires, or other equipment used for the distribution of television signals, radio signals, pictures, programs, sounds or any other information or intelligence transmitted over grantee's cable system.

C. It shall be an infraction punishable by a fine of not more than two hundred fifty dollars for any person to violate any of the provisions of this section. (Ord. 366 §24, 1978)

Chapter 5.20

OUTDOOR FESTIVALS

Sections:

5.20.010 Findings.

5.20.020 Definitions.

5.20.030 Unlawful acts.

5.20.040 License application and fee.

5.20.050 License filing—Accompanying documents.

5.20.060 Amount of undertaking, insurance or deposit.

5.20.070 Fixing time for hearing, investigation and report.

5.20.080 Hearing by board of supervisors.

5.20.090 Number of participants.

5.20.100 Dates and hours.

5.20.110 Conditions attached to license.

5.20.120 Revocation or suspension of license.

5.20.130 Suspension of operation.

5.20.14 0 Exemptions from application and fee payments.

5.20.150 Drinking water.

5.20.160 Sanitary facilities.

5.20.170 Parking.

5.20.180 Security guards.

5.20.190 Fire protection.

5.20.200 Lighting.

5.20.210 Cleanup.

5.20.220 Communications system.

5.20.230 Time limitation.

5.20.240 Admissions.

5.20.250 Advertising.

5.20.260 Alcohol or drugs.

5.20.270 Dust control.

5.20.280 Accessways.

5.20. 290 Food and beverages.

5.20.300 License not transferable.

5.20.310 Penalty for violation of Section 5.20.030.

5.20.320 Penalty—Generally.

5.20.010 Findings

A. The board of supervisors of the county finds that recently both in this state and else-where "rock" festivals have been attended by huge numbers of persons, sometimes exceeding one hundred thousand. Many of the participants arrive in stolen automobiles and abandon such automobiles at the outdoor festival. All traffic has been totally blocked. Participants in rural areas have slaughtered all of the cattle on adjoining properties without the permission of the owners thereof, destroyed property and scattered trash and debris on adjacent premises. Many participants at such rock and roll festivals sleep out in the open on the rock and roll premises and on adjacent premises. Other participants drive automobiles thereon and run over those so sleeping. There have been insufficient sanitary facilities, drinking water, medical services, lighting, or none at all. It has been impossible to police the numerous participants except at the outside periphery of the crowd and many crimes are committed with impunity, especially the illicit traffic in narcotics. The sponsors of festivals have supplied inadequate supervision or none at all. There have been inadequate facilities for vehicle parking or none at all.

B. More generally stated, such festivals have been characterized by a substantial, and in some instances a total disregard for the health and safety of participants as well as the public; an uncontested and uncontrollable conduct pattern which is replete with crime and disorder and accompanying infringement on the property and personal rights of others.

C. For these and other reasons the board of supervisors finds necessary the regulations imposed by this chapter. (Ord. 328 §1, 1970)

5.20.020 Definitions

A. "Outdoor festival" means any music festival, dance festival, "rock" festival or similar musical activity, at which music is provided by paid, or professional, or amateur performers, or by prerecorded means, which is held at any place other than in a permanent building or permanent installation, which permanent installation has been constructed for the purpose of conducting such activities or similar activities, to which members of the public are invited or admitted for a charge, or free of cost, and which is attended by more than three hundred fifty persons.

B. All other words which are used in this chapter which are defined in Ordinance 315, zoning, are used in this chapter as so defined. (Ord. 328 §2, 1970)

5.20.030 Unlawful acts It shall be unlawful for any person to operate, maintain, conduct, advertise, sell or furnish tickets or other types of written authority to admission to an outdoor festival in the unincorporated area of the county unless he shall first obtain a license from the county to operate such festival. (Ord. 328 §3, 1970)

5.20.040 License application and fee Application for a license to conduct an outdoor festival shall be made in writing to

the clerk of the board of supervisors at least sixty days prior to the time indicated for the commencement of the outdoor festival. It shall be accompanied by a non-refundable application fee of one hundred dollars plus two hundred fifty dollars per day of operation and shall contain the following information:

A. The name, age, residence, mailing address, and telephone number of the applicant, and applicant's legal nature, such as individual, partnership, corporation, etc. If the application is made by a partnership the names and addresses of all general partners shall be included. If the application is made by a corporation,. the application shall be signed by the president and a secretary thereof and shall contain the names and addresses of all corporate officers, and a certified copy of the articles of incorporation shall be attached thereto;

B. The owner, and exact location, legal description, area, and shape of the premises on which it is planned to conduct the outdoor festival;

C. The owner, exact location, legal description, area, and shape of all lands to be used for parking or other uses incidental to the outdoor festival;

D. The date or dates and the hours during which the festival is to be conducted;

E. An estimate of the minimum and maximum numbers of customers, spectators, participants and persons expected to attend the outdoor festival for each day it is to be conducted, together with detailed information supporting such estimate;

F. A detailed explanation of the applicant's program and plans to supply security protection, water supply facilities, food supply facilities, sanitation facilities, medical and first-aid facilities and services, vehicle parking space, vehicle access and outside traffic control;

G. All loudspeakers and sound equipment to be used and the intensity of the sound, in decibels, at the boundaries of the premises;

H. The names and addresses of all persons who will act as security guards during the outdoor festival;

I. If it is proposed or expected that spectators or participants will remain during the night, the arrangements for illuminating the premises and for camping or similar facilities;

J. Provisions for cleanup of the premises and removal of rubbish after the event has concluded;

K. A consent to the entry at any time in the course of his duties of any peace officer, county engineer, forester and fire warden, sheriff, county health officer and any other county officer in the performance of his duties;

L. Such other information pertinent to the outdoor festival as the board of supervisors or any county officer finds necessary and requires in order to determine whether or not the license should be granted and, if granted, the conditions of such license. (Ord. 328 §10, 1970)

5.20.050 License filing—Accompanying documents At the time of filing an application for a license for an outdoor festival the applicant, at the same time, shall also file:

A. Four copies of white background prints of a map drawn to scale showing:

1. The location of the property concerned;

2. The location of all highways, streets, alleys, lots and parcels of land within seven hundred feet of the exterior boundaries of the proposed use,

3. The location of the parking area and of all other areas to be used for other uses incidental to the outdoor festival,

4. All interior accessways,

5. Access to the property,

6. The location and detailed plans of all buildings and structures on the premises or to be erected, including bandstand, stage, or other facility for performers,

7. The location of all loudspeakers, and

8. The location of all toilet, medical, drinking and other facilities;

B. A certified list as shown on the latest available equalized assessment roll of the county of the names and addresses of all persons to whom all property is assessed within five hundred feet of the exterior boundaries of the proposed use;

C. A document showing that the applicant is the owner of the premises or an agreement in writing signed by all the owners thereto permitting such use of the premises and the filing of the application;

D. The agreements or contracts which show what doctors, first-aid attendants and ambulances will be available at the festival;

E. An agreement signed by the applicant that, within seventy-two hours after the conclusion of the outdoor festival, he will clean up the premises and remove all trash and debris therefrom. Such agreement shall be secured by an undertaking or cash deposit or both in a total amount of not less than five thousand dollars. The undertaking shall be for the benefit of the county and all persons to whom the license or owner may become liable because of the agreement required by subsection F or arising from the conduct of the license at the outdoor festival;

F. An agreement signed by the applicant and by the owner of the subject premises that they will reimburse all owners and occupants of property adjoining the subject premises for all damages of any kind to such owners or occupants or to their property caused by the applicant, owner of the subject premises, or by any person attending the outdoor festival, which damage would not have occurred had the outdoor festival not been held, and an undertaking, policy or insurance, or cash deposit or any combination thereof. The undertaking and insurance policies shall insure the licensee and owner of the subject property against all liability incurred by them or either of them to the county or to any person, which liability arises pursuant to the agreement required by this subsection or arising from the conduct of the licensee of the outdoor festival. (Ord. 328 §11, 1970)

5.20.060 Amount of undertaking, insurance or deposit The undertaking, policy of insurance, or deposit shall each be in such an amount that the total shall not be less than fifty thousand dollars. (Ord. 328 §12, 1970)

5.20.070 Fixing time for hearing, investigation and report Upon receipt of a complete application and the application fee, the clerk shall request the board to set a time and date for a public hearing and the board shall set the application for public hearing at a regular meeting of the board, not less than fifteen nor more than thirty days thereafter, and shall give not less than ten days' written notice thereof to the applicant. The clerk of the board shall give notice of the hearing and copies of the application to the sheriff, public health director, road commissioner, planning commission and chief building inspector. Each such county officer shall investigate the matter and report in writing to the board not later than the time set for hearing with appropriate recommendation concerning the activity. The clerk shall also serve notice of the time and place of the hearing upon all persons whose names and addresses appear upon the latest available assessment roll of the county as owning property within five hundred feet of the exterior boundaries of the proposed use. (Ord. 328 §13, 1970)

5.20.080 Hearing by board of supervisors The board of supervisors shall consider the documentary and testimonial evidence ,of witnesses presented at the hearing and may grant a license for an outdoor festival if it finds:

A. That the outdoor festival will be held at a location which complies with and meets all the health, zoning, fire and safety requirements and standards of the laws of the state and ordinances of the county applicable thereto;

B. That all information required by this chapter is in the application and all documents required by this chapter have been filed;

C. That the proposed outdoor festival will not, in any way, jeopardize, or adversely affect, endanger, or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use. The board may find that a location is unsuitable even if in the proper zone;

D. The applicant, his employee, agent, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager:

1. Has not been convicted within the last five years in any court of competent jurisdiction of:

a. Any crime requiring registration under Section 290 of the Penal Code

b. Any violation of Chapter 7.5 (beginning with Section 311) of Title 9, Part 1 of the Penal Code

c. Any violation of Chapter 7.6 (beginning with Section 313) of Title 9, Part 1 of the Penal Code

d. Any violation of paragraphs (a), (b), or (d) of Section 647 of the Penal Code

e. Any violation of Section 315 or 316 or 318 of the Penal Code

f. Any offense involving the use of force or violence upon the person, or

g. Any offense involving the maintenance of a nuisance in connection with the same of similar business operation,

2. Has not committed within the last five years any offense described in subsections (a), (b), (c), (d), (e) or (f) of D1 above,

3. Has not allowed or permitted possession, use, sale, or delivery of narcotics or any acts of sexual misconduct within prior business operations;

E. The applicant, his employee, agent, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate, or manager, has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the clerk of the board;

F. The applicant has not had a similar type of license previously revoked for good cause within one year prior to the application, or if he has, he also has shown material change in circumstances since such revocation. (Ord. 328 §14, 1970)

5.20.090 Number of participants A license for an outdoor festival shall state the maximum number of participants permitted. In deciding this maximum the board may be. guided by, but it is not bound by, the estimate stated in the application for a license. (Ord. 328 §15, 1970)

5.20.100 Dates and hours A license for an outdoor festival shall state the dates and hours during which the outdoor festival may be conducted. (Ord. 328 §16, 1970)

5.20.110 Conditions attached to license In granting a license the board may attach such conditions as it finds necessary to accomplish the purpose of this chapter, including, but not confined to:

A. Adequate lighting, including location of all light standards and electrical switches;

B. Provisions for cleaning up the premises after the termination of the outdoor festival;

C. An emergency communications system sufficient to meet the emergency requirements of the sheriff, forester and fire warden;

D. Advertising permitted, including advertising by radio,. television or loudspeaker;

E. Assuring that the number attending does not exceed the number permitted by the license;

F. Such other conditions as the board finds necessary for reasons of health, sanitation, supply of food, supply of water, prevention of unreasonable noise, or promotion of the general welfare. Such conditions shall appear on the license. (Ord. 328 §17, 1970)

5.20.120 Revocation or suspension of license The board of supervisors shall have the right to revoke any license issued pursuant to this chapter after a public hearing on oral or written notice given to the licensee at least twenty-four hours prior to such hearing, for any of the following causes:

A. The location of the outdoor festival does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all the laws of the state or ordinances of the county applicable to such business operation;

B. The licensee, his employee, agent or any person connected or associated with the licenses as partner, director, officer, stockholder, associate, or manager:

1. Has been convicted within the last five years in a court of competent jurisdiction of:

a. Any crime requiring registration under Section 290 of the Penal Code, or

b. Any violation of Chapter 7.5 (beginning with Section 311) of Title 9 of Part 1 of the Penal Code, or

c. Any violation of Chapter 7.6 (beginning with Section 313) of Title 9 of Part 1 of the Penal Code, or

d. Any violation of paragraphs (a), (b) or (d) of Section 647 of the Penal Code, or

e. Any violation of Sections 315 or 316 of 318 of the Penal Code, or

f. Any offense involving the use of force or violence upon the person of another, or

g. Any offense involving the maintenance of a nuisance in connection with the same or similar business operation,

2. Has committed within the last five years any offense described in subsections (a), (b), (c), (d), (e) or (f) of B1 above,

3. Has allowed or permitted upon the premises any illegal possession, use, sale or delivery of narcotics or any acts of sexual misconduct;

C. The licensee, his employee, agent or any person connected or associated with the licensee as partner, director, officer, stockholder, associate or manager has knowingly made a false, misleading, or fraudulent statement of material fact in the application, for a license, or in any report of record required to be filed with the clerk of the board;

D. The licensee has violated a condition of the license or a rule or regulation adopted by the board relating to the licensee's business, or a provision of this chapter. (Ord. 328 §18, 1970)

5.20.130 Suspension of operation The sheriff of the county may suspend operations and close any outdoor festival prior to the expiration of the license granted under the provisions of this chapter, in the event of the occurrence of a riot, major disorder or serious breach of the peace when in his opinion it becomes necessary to prevent injury to person or persons and/or damage to property. (Ord. 328 §19, 1970)

5.20.140 Exemptions from application and fee payments A neighborhood or community benefit organization, organized for charitable, religious or eleemosynary purposes shall be exempt from paying the application fees provided for in this chapter provided the net proceeds from any such activity do not inure to the benefit of any private person, partnership or corporation. (Ord. 328 §20, 1970)

5.20.150 Drinking water

A. The licensee shall provide drinking water which the health officer first finds sanitary for drinking purposes by providing drinking fountains as follows:

1. One drinking fountain for the first one hundred persons;

2. Two drinking fountains for more than one hundred but less than five hundred persons;

3. One additional drinking fountain for each additional five hundred persons or fraction thereof.

B. If the health officer finds that lesser or different facilities are sufficient instead of the above, the licensee shall provide such facilities. (Ord. 328 §30, 1970)

5.20.160 Sanitary facilities

A. The licensee shall provide at least one water closet and one urinal for every two hundred males and one water closet for every one hundred females, or major fraction of such number permitted to attend, unless the health officer finds that a lesser number is sufficient in which case he shall provide such number. If a compartment contains one water closet and one urinal the licensee may count it as one water closet or as one urinal, but not as both. Such sanitary facilities shall first be approved by the health officer.

B. The licensee shall provide one lavatory for each two fixtures required. Where both sexes are admitted, the sexes shall be assumed to be equally divided. (Ord. 328 §31, 1970)

5.20.170 Parking Every premises on which an outdoor festival is conducted shall have on such premises or contiguous thereto, automobile storage spaces equal to one-fourth of the number of persons which the license permits to attend the outdoor festival unless the county road commissioner finds that a smaller number is sufficient in which case the licensee shall provide such lesser number. Such automobile parking spaces shall be graded, marked and separated by a physical barrier from the area where the patrons will watch the performance. At all times between one hour before the beginning of the outdoor festival and until the parking lots are empty after its termination the licensee shall provide parking attendants at all entrances, exits and within the parking lots. (Ord. 328 §32, 1970)

5.20.180 Security guards At every outdoor festival one male employee approved by the sheriff for each two hundred persons which the license permits to attend, whether actually present or not, shall be constantly in attendance during the entire time the outdoor festival is in progress, and shall devote his entire time and attention to keeping order, and

observing and enforcing all applicable statutes and ordinances including this chapter. (Ord. 328 §33, 1970)

5.20.190 Fire protection The licensee shall provide all fire protection and fire safety measures as the U.S. Department of Forestry and/or fire warden finds necessary to protect those attending the outdoor festival. (Ord. 328 §34, 1970)

5.20.200 Lighting If the hours during which the outdoor festival can be held as provided in the license are such that any portion thereof is between sunset of one day and sunrise the following day or the .license permits any participant to remain overnight the licensee shall provide such lighting, including the location of all light standards and electrical switches as the board finds necessary for public safety and welfare. (Ord. 328 §35, 1970)

5.20.210 Cleanup Within seventy-two hours after the end of an outdoor festival the licensee shall clean up the premises and remove all trash and debris therefrom. (Ord. 328 §36, 1970)

5.20.220 Communications system The licensee shall install and, at all times during which the outdoor festival is in progress, maintain an emergency communications system which both the sheriff and fire warden find adequate for fire and police protection. (Ord. 328 §37, 1970)

5.20.230 Time limitation The licensee shall operate the outdoor festival only on those days and during the hours specified on the license. (Ord. 328 §38, 1970)

5.20.240 Admissions The licensee shall not admit, and shall prevent the entrance of, to the premises on which the outdoor festival is held, any person who does not possess a ticket except a peace officer or other public officer in the performance of his duties. Admission shall be by ticket only. The licenses shall not sell, give, or distribute a greater number of tickets than the number which the license permits to attend. The licenses shall not admit any person to an outdoor festival if such admission would result in a greater number of persons present than permitted by the license. (Ord. 328 §39, 1970)

5.20.250 Advertising A person shall not advertise or announce by any means or medium, including but not confined to pamphlets, handbills, newspapers, radio and television, the holding of an outdoor festival prior to the granting of a license permitting such outdoor festival. The licensee or other persons shall not print, distribute, broadcast, or use any such advertising or announcement, or any other advertising of the outdoor festival which has not first been approved by the board. The board shall approve such advertising if it states that the admission is by ticket only, if all statements are true and if there is no statement which might imply any conclusion contrary to fact. (Ord. 328 §40, 1970)

5.20.260 Alcohol or drugs A person shall not enter, be, or remain on any part of the premises on which an out-door festival is conducted while in the possession of, consuming, using, or under the influence of, any alcoholic beverage or drugs. The licensee shall not permit any such person to enter or remain upon the licensed premises. (Ord. 328 §41, 1970)

5.20.270 Dust control The licensee shall use such methods of dust control as approved by the health officer. The health officer shall approve such methods if he finds that such methods will prevent the arising of dust to an extent which may endanger the public health or safety. (Ord. 328 §42, 1970)

5.20.280 Accessways The licensee shall provide all exterior and interior accessways which the sheriff and county road commissioner find necessary for the use of participants at the festival. All exterior and interior accessways shall be clearly delineated by means of curbs or buffers on the ground. A person shall not occupy any such accessway except for the purpose of access or to cross the same. (Ord. 328 §43, 1970)

5.20.290 Food and beverages In selling, preparing, delivering or serving food or beverages, or both, all persons shall comply with the California Restaurant Act, Chapter 11 (beginning with Section 28600) of Division 21 of the Health and Safety Code of the state. (Ord. 328 §44, 1970)

5.20.300 License not transferable No license granted under the provisions of this chapter shall be transferable or removable to another location. (Ord. 328 §45, 1970)

5.20.310 Penalty for violation of Section 5.20.030 Any violation of Section 5.20.030 shall be a misdemeanor, punishable by a fine of not more than ten thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. A separate offense shall be deemed to have been committed for each day or fraction thereof that the violation continues. (Ord. 328 §50, 1970)

5.20.320 Penalty—Generally Any violation of the regulatory provisions of this chapter shall be a misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. A separate offense shall be deemed to have been committed for each day or fraction thereof that the violation continues. (Ord. 328 §51, 1970)

Chapter 5.30

COMMERCIAL WEIGHING AND MEASURING DEVICES

Sections:

5.30.010 Purpose and authority.

5.30.020 Definitions.

5.30.030 Registration certificate required.

5.30.040 Application.

5.30.050 Term of registration.

5.30.060 Fees.

5.30.070 Issuance.

5.30.080 Replacement—Fee.

5.30.090 Certificate nontransferrable.

5.30.100 Posting.

5.30.110 Renewal—Delinquency fee.

5.30.120 Public nuisance declaration.

5.30.010 Purpose and authority The purpose of this chapter is to establish a system for registering commercial weighing and measuring instruments and to recover costs of inspecting and testing such instruments pursuant to the Business and Professions Code, Section 12210. The authority for this chapter is Article.2.1 (commencing with Section 12240) of Chapter 2 of Division 5 of the Business and Professions Code. (Ord. 1134 §1(part), 1990)

5.30.020 Definitions For the purpose of this chapter, unless the context otherwise requires, the following definitions apply:

A. "Commercial, purposes" shall have the meaning assigned to it by Business and Professions Code Section 12500.

B. "Location" means-the room, enclosure, building, space or area where one or more weighing or measuring de-vices are located or operated.

C. "Person" shall have the meaning assigned to it by Business and Professions Code Section 12011.

D. "Weighing and measuring instruments" or "instrument" means "weighing-instruments" and "measuring instruments" as defined by Business and Professions Code Section 12500. (Ord. 1134 §1(part), 1990)

5.30.030 Registration certificate required No person shall use any weighing or measuring instrument for commercial purposes without having a current registration certificate for such instrument. The certificate shall be in addition to any other certificate, license or permit which may be required by the county or any other public entity. (Ord. 1134 §1(part), 1990)

5.30.040 Application An application for a registration certificate must be submitted to the county sealer of weights and measures on a form prescribed by the sealer. The registration certificate shall be issued upon receipt of a completed application and payment of the applicable fee prescribed by Section 5.30.060. (Ord. .1134 §1(part), 1990)

5.30.050 Term of registration Each registration certificate shall expire one year from the date of its issuance, which date shall be stated on the certificate. The certificate may thereafter be renewed on an annual basis upon payment of the applicable fee. (Ord. 1134 §1(part), 1990)

5.30.060 Fees The annual fee for weighing and measuring instruments used throughout the term of the certificate shall be in accordance with Business and Professions Code Section 12240 and as established by the board of super-visors. The annual fees for all other instruments shall be in accordance with such schedule of fees as the board of supervisors may prescribe. (Ord. 1134 §1(part), 1990)

5.30.070 Issuance A registration certificate may be issued to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all the provisions of Chapter 5 (commencing with Section 17900) or Part 3 of Division 7 of the Business and Professions Code. Otherwise all such certificates shall be issued in the true name of the owner or possessor. Except as provided in this section, the business occupation or activity for which a certificate is required by this chapter may be conducted under any false or fictitious name. A certificate issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation. (Ord. 1134 §1(part), 1990)

5.30.080 Replacement—Fee If a current registration certificate has been lost, the person to whom it was issued may obtain a replacement from the sealer upon payment of a replacement fee of five dollars. (Ord. 1134 §1(part), 1590)

5.30.090 Certificate nontransferable A registration certificate is not transferable from one person to another, and is

valid only for the number of instruments registered, and if the instruments are to be used at a fixed location, ,for the specific location for which it is issued. (Ord. 1134 §1(part), 1990)

5.30.100 Posting Every person using any weighing or measuring instrument for which a registration certificate is required under the provisions of this chapter shall keep such certificate conspicuously posted at all times at the location which such instrument is being used. (Ord. 1134 §1 (part), 1990)

5.30.110 Renewal—Delinquency fee Any person failing to renew a certificate within-thirty days following the expiration date set forth on the certificate shall be required to pay an additional sum equal to fifty percent of the registration fee as a penalty for any such delinquency. (Ord. 1134 §1(part), 1990)

5.30.120 Public nuisance declaration. The operation of any commercial weighing or measuring instrument which is not covered by a current registration certificate is a public nuisance. (Ord. 1134 §1(part), 1990)