The City Council finds that it is desirable and in the public interest to establish a Municipal Code in order to provide a scheme of organization for the classification and grouping of ordinances which the Council may adopt. The Council intends on adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the Code. This will provide the user with a convenient and logical compilation of the ordinances of the City.
(Amended by Ord. 23-07, 11/7/2023)
This Code shall be known as the "Dana Point Municipal Code." It shall be sufficient to refer to this Code as the Dana Point Municipal Code in any prosecution for the violation of any provision of this Code. It shall also be sufficient to designate any ordinance adding to, amending, or repealing provisions of this Code as an addition or amendment to, or a repeal of the Dana Point Municipal Code, or any portion thereof.
(Amended by Ord. 23-07, 11/7/2023)
The Dana Point Municipal Code shall consist of all ordinances adopted by the City Council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within the Municipal Code:
(a) 
The naming of streets or roads;
(b) 
Granting, altering, or withdrawing franchises;
(c) 
Levying real property taxes;
(d) 
Calling an election;
(e) 
Annexation proceedings;
(f) 
Interim zoning measures;
(g) 
Zoning or rezoning a particular parcel of property;
(h) 
Such other ordinances of a special or particular subject matter which the Council considers inappropriate to a compilation of laws of a general and permanent nature.
(Amended by Ord. 23-07, 11/7/2023)
(a) 
The ordinances of the City which are of a general and permanent nature shall be organized and grouped according to subject matter.
(b) 
Ordinances which are adopted from time to time shall be classified and organized under the following scheme of titles:
(1) 
General Provisions.
(2) 
Administration and Personnel.
(3) 
Revenue and Finance.
(4) 
Miscellaneous Regulations.
(5) 
Business Regulations.
(6) 
Health and Sanitation.
(7) 
Subdivisions.
(8) 
Buildings and Construction.
(9) 
Planning and Zoning.
(10) 
Animals.
(11) 
Peace, Morals, and Safety.
(12) 
Vehicles and Traffic.
(13) 
Parks and Recreational Facilities.
(14) 
Streets and Sidewalks.
(15) 
Water and Sewers.
(16) 
Redevelopment Agency.
(Amended by Ord. 23-07, 11/7/2023)
At least one printed copy of this Code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as an official copy of this Code. Additional copies of this Code shall be distributed to the departments of the City as prescribed by the City Manager and hosted on the City's website (danapoint.org).
Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.
At least semi-annually the City Clerk shall cause the loose leaf pages of this Code in which changes have been made to be reproduced, including a notation as to the ordinance number and the date on which such change was adopted. Such reprinted pages shall be distributed in order that the loose leaf copies of this Code, prepared for the use and convenience of the officers and employees of the City and the general public, may be brought up to date.
(Amended by Ord. 23-07, 11/7/2023)
The provisions of this Code and all proceedings under it are to be construed to effect its purposes and to promote justice.
All the provisions of this Code and all other City ordinances shall be interpreted to refer to the appropriate or designated officer or office of the City, and whether an ordinance, uniform code, statute, or other matter which is adopted by reference refers to any department, officer, employee, inspection, police, or other functions, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the City, or to the person or agency performing the function for the City.
(Amended by Ord. 23-07, 11/7/2023)
City Ordinance No. 90-07 adopted the Codified Ordinances of the County of Orange wherever said Codified Ordinances did not conflict with the provisions of the Dana Point Municipal Code. Said Codified Ordinances shall remain in full force and effect following the adoption of the City's Municipal Code unless there is a similar or conflicting provision adopted by the City on that subject. Certain provisions of the Codified Ordinances of the County of Orange, County documents or County Resolutions which were adopted by reference pursuant to Ordinance No. 90-07 reflect the County governmental structure and contain references to officials, official titles, commissions, and other designations which are not a part of the structure of the City's government. In order to effectively and intelligently administer the Codified Ordinances of the County of Orange, County documents, and the County Resolutions, it is the purpose of this Section to provide for the substitution of the appropriate City official, title, or designation in the Codified Ordinances of the County of Orange, County documents and County Resolutions. Accordingly, the following amendments are made to the Codified Ordinances of the County of Orange, County documents, and County Resolutions referenced herein and adopted herein:
(a) 
Unless the context otherwise clearly indicates, whenever "Board of Supervisors" or "Board" is used in the Codified Ordinances of the County of Orange, County documents, or County Resolutions, it shall mean the Dana Point City Council.
(b) 
Whenever "County" is used in the Codified Ordinances of the County of Orange, County documents, or County Resolutions, it shall mean the geographical limits of the City of Dana Point unless a different geographical area is clearly indicated by the context.
(c) 
Whenever "County," "County of Orange," or "unincorporated territory of the County of Orange" is used, it shall mean the City of Dana Point unless a geographical area is clearly indicated by the context.
(d) 
Whenever "Planning Commission" is used in the Codified Ordinances in the County of Orange, County documents, or County Resolutions, it shall mean the Planning Commission of the City of Dana Point.
(e) 
Whenever "Subdivision Committee" or "Committee" is used in the Codified Ordinances of the County of Orange, County documents, or County Resolutions, it shall mean the Dana Point Planning Commission.
(f) 
Whenever "Director of Environmental Management Agency" or "Director" is used in the Codified Ordinances of the County of Orange, County documents, or County Resolutions, it shall mean the Dana Point Director of Community Development.
(g) 
Whenever "Zoning Administrator" is used in the Codified Ordinances of the County of Orange, County documents, or County Resolutions, it shall mean the Dana Point Director of Community Development.
(h) 
Whenever the Codified Ordinances of the County of Orange, County documents, or County Resolutions, refer to any other officer, office, official title, or designation, the reference shall be interpreted to mean that a similar office, title, or designation in the governmental structure in the City, as determined by the City Manager, or if there is no equivalent office, title, or designation, then the City Manager may delegate the responsibility to the official or employee of his or her choosing.
(Added by Ord. No. 91-07, 03/26/91; amended by Ord. 23-07, 11/7/2023)
Neither the adoption of this Code or any portion thereof, nor the repeal by this Code of any Ordinance previously in effect in the City or within the territory currently comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver of any license fee or penalty due and unpaid under such Ordinances on such effective date, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license fee or penalty or the penal provisions applicable to any violation of such Ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinances, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect.
(Amended by Ord. 23-07, 11/7/2023)
If any Chapter, Section, sentence, clause, or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.
(Amended by Ord. 23-07, 11/7/2023)
This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Dana Point and that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.
(Amended by Ord. 23-07, 11/7/2023)
All references in this Code to places, acts, persons, or things and all else in relation to this Code shall be construed to mean that the same are applicable to this City, whether the City is mentioned in each particular section or not.
(Amended by Ord. 23-07, 11/7/2023)
Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction, and definitions set forth in the following sections of this Chapter shall govern the construction of this Code.
(Amended by Ord. 23-07, 11/7/2023)
The Title, Chapter, Article, and Section headings contained in this Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any Title, Chapter, Article, or Section of this Code.
(Amended by Ord. 23-07, 11/7/2023)
"Section" shall mean a section of this Code, unless some other source is specifically set forth. "Subsection" shall mean a subsection of the section in which the term occurs, unless some other section is expressly set forth.
(Amended by Ord. 23-07, 11/7/2023)
Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.
(Amended by Ord. 23-07, 11/7/2023)
"Writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Code, such notice, report, statement, or record shall be made in writing in the English language, unless this Code expressly provides otherwise.
(Amended by Ord. 23-07, 11/7/2023)
Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the City, unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code or to any ordinances of this City, the reference shall apply to all amendments and additions to this Code.
(Amended by Ord. 23-07, 11/7/2023)
When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.
(Amended by Ord. 23-07, 11/7/2023)
As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code:
"Calendar year"
shall mean from January 1 through December 31 of any given year.
"City Manager"
shall mean the appointed official of the City who occupies the position of chief administrative officer of the City.
"City"
shall mean the City of Dana Point.
"Council Member"
shall mean a person duly elected to the Council.
"Council"
shall mean the City Council of the City of Dana Point.
"County"
shall mean the County of Orange.
"Fiscal year"
shall mean from July 1 of any given year through June 30 of the following year.
"Gender."
The masculine gender shall include the feminine and neutral genders.
"Goods"
shall mean and include wares and merchandise.
"May"
shall be permissive.
"Month"
shall mean a calendar month, unless otherwise specially expressed.
"Number."
The singular number shall include the plural, and the plural number shall include the singular.
"Oath"
shall include affirmation.
"Official time standard."
Wherever certain hours are named in this Code, they shall mean Standard Time or Daylight Saving Time as may be in current use in the City.
"Operate"
shall mean and include carrying on, keeping, conducting, or maintaining.
"Owner"
applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.
"Person"
shall include any person, firm, company, corporation, partnership, association, public corporation, City (except the City of Dana Point), the County of Orange, any district in the County of Orange, the State of California, or the United States of America, or any department, agency or political subdivision of the above, unless this Code expressly provides otherwise.
"Personal property"
shall include money, goods, chattels, things in action, and evidences of debts.
"Police"
shall mean the agency which performs the appropriate law enforcement function for the City. "Police Chief," "Chief of Police," or "Chief of Police Services," shall mean the head of the agency or division which at the time involved has responsibility for performing the police function for, or within, the City.
"Property"
shall include real and personal property.
"Quarterly"
where used to designate a period of time, shall mean the first three calendar months of any given year or succeeding period of three calendar months.
"Real property"
shall include land, tenements, and hereditaments.
"Sale"
shall include any sale, exchange, barter, or offer for sale.
"Shall"
shall be mandatory.
"State"
shall mean the State of California.
"Street"
shall include all streets, highways, avenues, boulevards, alleys, courts, places, squares, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State.
"Tenant or occupant"
applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.
"Tense."
The present tense shall include the past and future tense, and the future tense shall include the present tense.
Words and phrases not defined in this Code shall be construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in State or Federal law.
(Amended by Ord. 23-07, 11/7/2023)
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or the provisions of any Code adopted by reference by this Code or any provision of any ordinance of the City not included within this Code. Any person violating any such provisions or failing to comply with any of the mandatory requirements of this Code or any Code adopted by reference by this Code or any other City ordinance shall be guilty of a misdemeanor, unless such violation is specifically designated as constituting an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or any provision of any Code adopted by reference by this Code, or of any other City ordinance, is committed, continued, or permitted by such person, and may be punished accordingly.
(Amended by Ord. 23-07, 11/7/2023)
Whenever any act or omission is made unlawful by this Code, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(Amended by Ord. 23-07, 11/7/2023)
(a) 
Any conviction of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(b) 
Any conviction of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than $100, for a second conviction within a period of one year by a fine of not more than $200, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.
Any provision or requirement of this Code or of any Code adopted by reference by this Code or of any ordinance of the City not included within this Code, the violation of which or the failure to comply with which is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation within a period of one year and each violation thereafter of the same provision by the same individual within a period of one year.
Any violation expressly declared to be punishable, in the discretion of the court by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:
(1) 
Where a judgment imposes a punishment of a fine not exceeding $100 in the case of a first offense; or
(2) 
When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or
(3) 
When the City Attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction.
(Amended by Ord. 23-07, 11/7/2023)
Imprisonment for violation of any City ordinance shall be in the County Jail. Any person convicted of any criminal offense related to an arrest shall pay to the City any criminal justice administration fee imposed on the City by the County of Orange.
(Amended by Ord. 94-20, 11/22/94; Ord. 23-07, 11/7/2023)
In addition to other penalties and procedures provided by law, upon a finding by the City official vested with the authority to enforce various provisions of this Code that a violation exists, he or she may issue an administrative citation pursuant to the provisions of Chapter 1.10.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 23-07, 11/7/2023)
(a) 
In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code or any Code adopted by reference by this Code or any ordinance of the City not included within this Code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the City.
(b) 
Any such violation or threatened violation as referred to in Subsection (a), or any condition caused or permitted to exist in violation of any of the provisions of any Code adopted by reference by this Code, or of the provisions of any other City ordinance, shall be deemed a public nuisance which may be abated by the City Attorney in a civil judicial action.
(Amended by Ord. 23-07, 11/7/2023)
(a) 
Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.240 of this Chapter, or other public nuisance, as defined under State law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within said notice.
(b) 
Costs and expenses, as referred to in Subsection (a) of this Section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.
(c) 
The provisions of Subsection (a) of this Section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.
(d) 
The liability of any person for the payment of the costs and expenses provided for in Subsection (a) of this Section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.04 of Title 2 of this Code.
(e) 
Money due to the City pursuant to this Section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Section 39574 et seq. of the California Government Code relating to weed abatement assessments.
(Amended by Ord. 23-07, 11/7/2023)
The violation of, or the failure or omission to perform in accordance with, any administrative provision of this Code by any officer or employee of the City shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission, or board within the meaning of the civil service ordinances and rules and regulations of the City, if applicable.
(Amended by Ord. 23-07, 11/7/2023)
(a) 
All posted or mailed notices of public hearings to be conducted by the City Council, Planning Commission, or any other body of the City, shall contain the following:
"Any petition for judicial review of a decision of the Dana Point City Council (Planning Commission or other body as appropriate), is controlled by the statute of limitations provisions set forth in Sections 2.50.010 and 2.50.020 of the Dana Point Municipal Code and Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Dana Point City Council (Planning Commission or other body as appropriate) is controlled by Section 2.50.010 and Section 2.50.020 of the Dana Point Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Dana Point City Council (Planning Commission or other body as appropriate) shall be limited to those issues raised at the hearing as provided in Chapter 2.50 of the Dana Point Municipal Code. Copies of the procedures for the conduct of City Council public hearings are available from the City Clerk."
(b) 
All published notices of public hearings to be conducted by the City Council (Planning Commission or other appropriate body), shall contain the following:
"If you wish to challenge the above in court, the challenge will be limited only to those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limits specified in Chapter 2.50 of the Dana Point Municipal Code."
(Amended by Ord. 23-07, 11/7/2023)
Whenever notice is required to be mailed to all real property owners and/or residents within 300 feet of the real property for which a public hearing is required by this Code, any City ordinance, Code adopted by reference, City resolution, State law, Federal law, or administrative regulation, for purposes of complying with this Section, the same shall be read as requiring the mailed notice to be provided to all property owners/residents within a 500-foot radius of the subject project or real property. This Section shall not require mailed notice if published notice is authorized in lieu thereof by State law.
(Amended by Ord. 91-1, 1/8/91; Ord. 23-07, 11/7/2023)
Whenever a notice is required to be given, or may be given, under any provision of this Code or any provision of any Code adopted by reference by this Code or any provision of any ordinance or resolution of the City not included within this Code, such notice may be given as herein provided. Unless different or special provisions are otherwise specifically made in this Code or in some other applicable enactment, any such notice may be given either by personal delivery thereof to the persons to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the person's last known residence or business address as the same appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office or in the official receptacle thereof.
(Amended by Ord. 23-07, 11/7/2023)
Proof of giving any notice may be made by the certificate of any officer or employee of this City or by the affidavit or declaration under penalty of perjury of any person over the age of 18 years, which shows service in conformity with this Code or other provision of law applicable to the subject matter concerned.
(Amended by Ord. 23-07, 11/7/2023)