HomeMy Public PortalAboutOrdinance 763ORDINANCE NO. 763
AN ORDINANCE OF THE CITY OF BEAUMONT,
ESTABLISHING STORMWATER/URBAN RUNOFF
MANAGEMENT AND DISCHARGE CONTROLS
The City Council of the City of Beaumont hereby ordains as follows:
Section 1. Purpose and Intent
The purpose of this Ordinance is to protect the public health, safety and general welfare by
reducing pollutants in stormwater discharges to the maximum extent practicable and to regulate non-
stormwater discharges to the storm drain system. The intent of this Ordinance is to protect and
enhance the quality of water in water courses, water bodies, groundwater and wetlands within the
City of Beaumont in a manner pursuant to and consistent with the Federal Clean Water Act (33
U.S.C. Section 1342).
Section 2. Responsibility for Administration
This Ordinance shall be administered by the Director of the Department of Public Works of
the City of Beaumont. This Ordinance shall be construed and administered to assure consistency with
the requirements of the Clean Water Act as amended, applicable implementing regulations, and any
existing or future municipal NPDES Permits and any amendments or revisions thereto.
Section 3. Reduction of Pollutants in Stormwater
A. General. It is a violation of this Ordinance to throw, deposit, leave, maintain, keep
or permit to be thrown, deposited, placed, left or maintained, any pollutant in or upon any street,
alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place,
or upon any public or private plot of land in the City, unless temporarily placed in an appropriate
container with a spill containment system for later collection and removal.
It is a violation of this Ordinance to cause or permit any dumpster, solid waste bin, or similar
container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain,
inlet, catch basin, conduit or other drainage structures, business place or upon any public or private
plot of land in the City.
B. Construction Sites. Any person performing construction work in the City shall
comply with the provisions of this Ordinance and all other applicable laws, ordinances, rules and
regulations for erosion and sediment control.
C. New Development and Redevelopment. New development or redevelopment
projects shall control stormwater runoff so as to prevent any deterioration of water quality that would
impair subsequent or competing uses of the water by, for example, increasing permeable areas,
directing runoff to permeable areas, by maximizing stormwater storage for reuse and by such other
measure that may be specified in the California Stormwater Best Management Practice Handbooks
for Municipal, Industrial/Commercial and Construction Activity and those measures identified by the
Director of the Department of Public Works.
D. Existing Development. Existing development shall control stormwate runoff so as
to prevent any deterioration of water quality that would impair subsequent or competing uses of the
water.
Section 4. Non-Stormwater Discharges
The discharge of non-stormwater into the storm drain system is a violation of this Ordinance
except as follows:
(a) The discharge prohibition shall not apply to any discharge regulated under an NPDES
Permit or Waiver issued to the discharger and administered by the State of California under the
authority of the U.S. Environmental Protection Agency, provided that the discharger is in full
compliance with the requirements of the Permit or Waiver and other applicable laws or regulations.
(b) Discharge from the following activities will not be considered a violation of this
Ordinance when properly managed: water line flushing and other discharges from potable water
sources, landscape irrigation and lawn watering, irrigation water, diverted stream flow, rising
groundwaters, infiltration to separate storm drains, uncontaminated pumped groundwater, foundation
and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual
residential car washing, flows from riparian habitats and wetlands, swimming pool discharges or flows
from fire fighting.
Section 5. Discharges in Violation of Permit
A. Municipal NPDES Permit. Any discharge that would result in or contribute to a
violation of an existing or future Municipal NPDES Permit(s) or any amendment or revision thereto
reissuance thereof, either separately considered or when combined with other discharges, is a
violation of this Ordinance is prohibited. Liability for any such discharge shall be the responsibility
of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify
and hold harmless the City in any administrative or judicial enforcement action relating to such
discharge.
B. NPDES Permit for Industrial/Commercial and Construction Activity. Any
industrial discharger, discharger associated with construction activity, or other discharger subject to
any NPDES permit issued by the U.S. Environmental Protection Agency, the State Water Resources
Control Board or the Santa Ana Regional Water Quality Control Board, shall comply with all the
requirements of such permit. Such dischargers shall specifically comply with the following permits:
Industrial Stormwater General Permit, the Construction Activity Stormwater General Permit, and the
Dewatering General Permit. Proof of compliance with said NPDES General Permits may be required
in a form acceptable to the Director prior to the issuance of any City grading, building or occupancy
permits.
Section 6. Enforcement
Any person in violation of this Ordinance shall be deemed guility of an infraction or
misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation of any of the provisions of this
Ordinance is committed, continued, or permitted. Any person convicted of a violation of this
Ordinance shall be:
(a) Guilty of an infraction offense and punished by a fine not exceeding $100.00
for a first violation;
(b) Guilty of an infraction offense and punished by a fine not exceeding $200.00
for a second violation of the same ordinance and perpetrated by the same person;
(c) The third and any additional violations on the same ordinance and perpetrated
by the same person shall constitute a misdemeanor offense and shall be
punishable by a fine not exceeding $1,000.00 or six months in jail, or both.
Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.
Payment or any penalty herein shall not relieve a person from the responsibility for correcting the
violation. Any person who removes any notice or order posted is guility of an infraction.
In addition, to the extent that the City makes any provision of this Ordinance or identified best
management practice a condition of approval to the issuance of a permit, any person in violation of
such condition is subject to the permit revocation procedures set forth in the Ordinance governing
permit issuance.
Section 7. Definitions
A. Municipal NPDES shall mean an area -wide National Pollutant Discharge Elimination
System ("NPDES") permit issued to a government agency or agencies for the discharge of
stormwater from a stormwater system.
B. Storm Drain System shall mean any facility within the City by which stormwater may
be conveyed to waters of the United States. Storm Drain System includes but is not limited to any
roads with drainage systems, streets, curbs, gutters, catch basins, natural and articifial channels,
ditches, aqueducts, storm drains, inlets, conduits or other drainage structures.
Section 8. Severability
If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof
to any person shall be held invalid, such invalidity shall not affect the other provisions or application
of this Ordinance which can be given effect without the invalid provision or application and, to this
end, the provisions of this Ordinance are hereby declared to be severable.
Section 9. Effective Date of Ordinance
This Ordinance shall take effect 30 days after its adoption by the City Council.
PASSED AND APPROVED this 24th day of June, 1996 by the following vote:
AYES: Mayor Leja, Mayor Pro Tem Berg, and Councilmembers Parrott, Westcot and
Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: None.
MOVED, PASSED AND ADOPTED this 8th day of July, 1996 by the following vote:
AYES: Mayor Pro Tem Berg and Councilmembers Parrott, Westcot and Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
MAY OF THE CI . : BEAUMONT
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. 763 duly introduced at a
regular meeting of the City Council held on 6/24/96 and was duly adopted upon a second reading
on 7/8/96 by the roll call votes indicated therein.
CITY CLE CITY 0
COVER
SHEET
To: •
Date: 7—./7—
FAX
Subject: � � 41 7 ft- 76-7
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Pages: (i)
COMMENTS: ��x_a_e7244_,./74„z2
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/. 1
From the desk of...
Cherry Taylor
City Clerk
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
(909) 769-8520
Fax: (909) 769-8526
IN THE SUPERIO,. COURT OF THE STATS OF CALIFO
IN AND FOR THE COUNTY OF RIVERSIDE
No # 263
ORDINANCE NO. 763
CITY OF BEAUMONT
STATE OF CALIFORNIA
County of Riverside ss.
I am a citizen of the United States and a resident of
+he County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer
of The DAILY RECORD -GAZETTE
a newspaper of general circulation, printed and pub-
lished daily in the City of Banning County of Riverside
and which newspaper has been adjudged a newspaper
of general circulation by the Superior Court of the
County of Riverside, State of California, under date of
October 14, 1966, Case Number 547371 that the notice,
of which the annexed is a printed copy, has been
published in each regular and entire issue of said news-
paper and not in any supplement thereof on the follow-
ing dates, to -wit:
PUB: 7/19 ONLY
all in the year
I certify (or declare) under penalty of perjury that the
foregoing is true correct.
Jul 19,
Date Y
at Riverside, California
19_96
ORDINANCE
NO. 263
AN ORDINANCE OF
THE CITY OF
BEAUMONT, ES-
TABLISHING
STORMWATER/
URBAN RUNOFF
MANAGEMENT
AND DISCHARGE
CONTROLS
The City Council of the
City of Beaumont
hereby ordains as fol-
lows:
Section 1. Purpose and.
Intent ;
The purpose of This Or—.
ginance is to protect the
public health, safety and:
general welfare bi
reducing pollutants .in,
stormwater discharges.;
to the maximun extent.
practicable and to regu-
late non-stormwater dis•
charges to the storm,
drain system. The intent.
of this Ordinance is to,
protect and enchance
the quality of water in:
water courses, water:
bodies, groundwater
and wetlands within the.
City of Beaumont in a
manner pursuant to and,
consistent with the
Federal Clean Water
Act (33 U.S.C. Section
1342)
Section 2. Respon-,
sibility for Ad-
ministration,
This Ordinance shall be ,
administered by the
Director of the Depart-
ment of Public Works of
the City of Beaumont.
This Ordinance shall be
construed and ad-
ministered to assure
consistency with the re-
quirements of the Clean
Water Act as amended,
applicable implement-
ing regulartions, and
any existing or future
municipal NPDES Per-
mits and any amend-
ments or revisions
thereto.
Section 3. Reduction of
Pollutants in
Stormwater
A. General. It is a
violation of this Or-
dinance to throw,
deposit, leave, maintain,
keep or permit to be
thrown, deposit, placed,
left or maintained, any
pollutant in or upon' any
street, alley, sideway,,
storm drain, inlet, catch
basin, conduit or other
drainage structures,
business place, or upon
and public or private
plot of land in the City,
unless .temporarily:
Placed in an apprQ•
at?
container with ,.a spill
containment system for
later collection and
removal.
It is a violation of this
Ordinance to cause or
permit any dumpster,
soild waste bin,, or
similar container to lead
such that any pollutant
is discharged into any
street, alley, sidewalk,
storm drain, inlet, catch
basin, conduit or other
drainage structure, busi-
ness place or upon any
public or private plot of
land in the City.
(
B. Construction Sites.
Any person performing
construction work in the
City shall comply with
the provision of this Or-
dinance and all other
applicable laws, Or-
dinance, rules and
regulations for erosion
and sediment control.
C. New Development
and Redevelopment.
New development or
edevelopment proJects
a`tall control stromwater
ru'i off so as to prevent
any deterioation ,of
water quality that would
impair subsequent ,, or
competing uses of the
water by, for example,
increasing .permeable
areas,directing nmoi
to permeable area. by
maximizing stormwater
storage for reuse and by
such other measure that
may be specified in the
California Stormwater
Best Management Prac-
tice Handbooks for
Municipal, In-
dustrialommerical and
Construction Acitivity
and those measures
identified by the Direc-
tor of the Department of
Public Works.
D. Exiting Develop-
ment. Existing develop-
ment shall control
stromwater runoff so as
to prevent any
deterioration of water
quality that would im-
pair subsequent or;con-
peting uses of the water.
Section 4. Non-
Stormwater Dischar,
g
The discharges of
non-stormwater into the
storm drain system is a
violation fo this Or-
dinance except as fol-
lows:
(a) The discharge
prohibition shall not
apply to any discharge
regulated under an
NPDES Permit of
Waiver issued to the
Discharge and ad-
ministered by the State
of California under the
authority of the ' U.S.
Enviromental Protection
Agency, provided that
the discharger is in full
compliance with the re-
quirements of the Per-
mit or Waiver and other
applicable laws or
(b) Discharge. from the
following activites will
be be considered a
violation of this Or-
dinance when properly
managed: water line
flushing and other dis-
charges form potable
water sources,
landscape irrigation and
lawn watering, irriga-
tion water, diverted
stream flow, rising
groundwaters, infiltra-
tion to seperate storm
drains, =contaminated
pumped groundwater,
foundation and footing
drains, water from crawl
space pumps, air con-
ditioning condensation,
springs, individual
residential car washing,
flows from riparian
habitats and wetland,
swimming pool dischar-
ges or plows from fire
fighting.
Section S. Discharges
in Violation otPerrnit
A. Municipal NPDES
Permits. Any discharge
that would result in or
contribute to an viola-
tion of an existing or fu-
ture Municipal NPDES
Permit(s) or any amend-
ment or revision thereto
reissuance thereof,
either separately con-
sidered or when com-
bined with other dis-
charges, is a violation of
this Ordinance is
prohibited. Liabllity for
any such discharge shall
be the responsibility of
the persons) causing or
responsible for the dis-
charge, and such per-
sons shall defend, in-
demnify and hold harm-
less the City in" any ad-
ministt*tt'i or ° jixliciid
enforcement action
relating to such dis-
B. NI S Permit for
Industrie/Commercial
and Construction Ac-
tivity. Any industrial
discliArger,associated
with :construction ac-
tivity or other .dis
charger subject to any
NPDES permits issued
by the U.S. Enviromen-
tal Protection Agenct,
the State Water Resour-
ces Control Boardof the
Santa Ana Regional
Water Control B
shall comply with all
the requirements o
such permits. Such dis-
diargera shall specifi-
cally comply with the
following permits: In-
dustrial Stormwater
General Permit, the
Contraction Activity
Stormwater ' General
Permit, and the
Dewatering General
Permit. Proof of com-
pliance with said
NPDES General Per-
mits may be required in
a form acceptable to the
Director prio to the is-
suance of any Citygrad-
ing, building or ' oc-
cupancy permits.
Section 6. Enforce-
ment. Any person in
violation of this Or-
dinance shall be deemed
guilty al an ingractin
or misdenneanor as
hereinafter specified.
Such person shall be
deemed guilty of a
sperate offense for each
and evert day or portion
thereof during which
any violation of any of
the 'pervisions of ' this
Ordinance is com-
mitted, continued, . or
permitted. Any person
convicted of a violation
of this Ordinance shall
be:
(a) Quilty of an infrac-
t i on
nfrac-tion offense and
punished by a fine not
exceeding $100.00 for a
fust violation;
(b) Guilty of an infrac-
t ion
nfrac-tion offense and
punished by a fine nOt
exceeding $200.00 for a
second violation of the
same ordinance and per
petrated by the same
(c) third and any
additional violations on
the :same ordinance and
perpetrated by the same
peron:dial' constitute an
misdermeanor offense
and shall be punishable
by a fin not exceeding
$1,000.00 or six months
in jail, or both.
Notwithstanding the
above, a first offence
may bechanged and
prosecuted as a milder-
meanor. Payment or any
penalty herein shall not
relieve a : person from.
the responsibilty from
correcting the violation.
Any person who
removes any notice or
order posted in guilty of
an infraction.
In addition, to the extent
that the City makes any
provision of this Or-
dinance or identified
best management prac-
tice a condition of -ap-
proval to the issuance of
a permit, any person in
violation of such condi-
tion is subject to the
permit revocation
procedures set forth in
the Ordinance govern-
ing permit issuance.
Section 7. Definitions.
A. Municipal NPDES
shall mean an area -wide
National .Pollutant Dis-
charge Elimination Sys-
tem ("NPDES") permit
issued to a government
agency or, agencies for
the discharge of
stormwater from a
stormwater system.
B. Storm Drain . Sys-
tem shall mean any
facility. within the City
by which stormwater
may be conveyed to
waters of the United
States. Storm' Drain
System. includes but is
not limited to any roads
with drainage systems,
streets, curbs, ': gutters,
catch basins, natural and
artificial channels,
ditches, aqueducts,
storm drains inlets, con-
duits or other drainage
structures.
Section 8. Severabilty.
If any provision, clause,
sentence, or paragraph
of this Ordinance or the
application ,tbereof. to
any personshall be held
I invalid, such invalidity
shall .not affect the other
pn isions or applica-
ti of this Ordinance
can be given ef-
fect without the invalid
pi vision or application
04,. to this end, the
pisions of this Or-
dibance are hereby
declared to be ser-
verable.
Section 9. Effective
Date of Ordinance.
This Ordinance shall
take effect 30 days after
its adoption by the City
Council.
PASSED AND AP-
PROVED this 24th day
of June, 1996 by the fol-
lowing vote:
AYES: Mayor Leja,
Mayor Pro 'ibm Berg,
and '•Councilmembers
Parrott, Westcot and
Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: None,
MOVED, PASSED
AND ADOPTED, this
8th day of July, 1996 by
the following vote:
AYES Mayor Pro Tem
Berg and Coucilmem-
bers Parrott, Westcot
and Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
-s- Roger Berg
MAYOR OF THE
CITY OF BEAUMONT
-s- CherryCITY CLERK
' bylor
CERTIFICATION
The foregoning is cer-
tified to be a' tete copy
of Ordinance No. 763
duly introduced at a
regular meeting of the
City Council;held on 6/.
24/96 and was duly
adopted upon a second I,
reading on 7/8/96 by the
roll call votes indicated
therein.
-s- Cherry Taylor
CITY CLERK, C1TY
OFBEAUMONT
Publish The Record -
Gazette
No. 263"
7-19,1996
IN THE SUPERI(,.. COURT OF THE STA1 _ OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE
No # 263
ORDINANCE NO. 763
CITY OF BEAUMONT
STATE OF CALIFORNIA
ss.
County of Riverside
I am a citizen of the United States and a resident of
,he County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer
of The DAILY RECORD -GAZETTE
a newspaper of general circulation, printed and pub-
lished daily in the City of Banning County of Riverside
and which newspaper has been adjudged a newspaper
of general circulation by the Superior Court of the
County of Riverside, State of California, under date of
October 14, 1966, Cate Number 54737, that the notice,
of which the annexed is a printed copy, has been
published in each regular and entire issue of said news-
paper and not in any supplement thereof on the follow-
ing dates, to -wit:
PUB: 7/19 ONLY
all in the year 19___ 96
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Date July 19,
at Riverside, California
, 19
96
ORDINANCE
NO. 263
AN ORDINANCE OF
THE CITY OF
BEAUMONT, ES-
TABLISHING
STORMWATER/
URBAN RUNOFF
MANAGEMENT
AND DISCHARGE
CONTROLS
The City Council of the
City of Beaumont
hereby ordains as fol-
lows:
Section 1. Purpose and.
Intent
The purpose of this Or-
ginance. is to protect the
public health, safety and.
general welfare by,' Ordinance to cause or
reducing pollutants in permit any dumpster,;,.
stormwater discharges,
to the maximun extent
practicable and to regu-
late nou-stormwater dis-
charges to the stornk
drain system. The intent
of this Ordinance is to -
protect and enchance drainage structure, busi-
the quality of water in r ness place or upon any
water courses, water- public or private plot of
bodies, groundwater- land in the City.
and wetlands within the: B. Construction Sites.
A. General. It is a
violation of this Or-
dinance to throw,
deposit, leave, maintain,
keep or permit to be
thrown, deposit, placed,
left or maintained, any
pollutant in or upon any
street, alley, sideway,
storm drain, inlet, catch
basin, conduit or other
drainage structures,
business place, or upon
and public or private
plot of land in the City,
uitle.
to p°rarity,
;in.an appropriate.:
container with a spill.
containment system for
later collection and
removal.
It is a violation of this
solid waste bin, or
similar container to lead
such that any pollutant
is discharged. into any
street, alley, sidewalk,
stonn drain, inlet, catch
basin, conduit or other
City of Beaumont in a-
manner pursuant to and
consistent with the.
Federal Clean Water.
Act (33 U.S.C. Section
1342) _
Section 2. Respon- ,
sibility for Ad-,
ministration
This Ordinance shall be :
administered by the_
Director of the Depart
ment of Public Works of
the City of Beaumont.
This, Ordinance shall be:
construed and ad-
ministered to assure-
consistency with the re- •
quirements of the Clean
Water Act as amended,
applicable implement-
ing regulartions, and
any existing or future
municipal NPDES Per-
mits and any amend-
mentsor revisions
thereto.
Section 3. Reduction of
Pollutants in
Stormwater
Any person; performing
construction work in the
City shall comply; with
the provision,of this Or-
dinance and all other
applicable laws, or-
dinance, rules and
regulations for erosion
and sediment control.
C. New Development
and Redevelopment.
New development or
-edevelopment projects
Cull control stromwater
ru5 off so as to prevent
any deterioation of
water quality that would
impair subsequent or
competing uses of the
water by, for example,
increasing permeable
areas, directing runou
to permeable area, by
maximizing stormwater
storage for reuse and by
such other measure that
may be specified in the
California Stonnwater
Best Management Prac-
tice Handbooks' ,for
Municipal, In
dustrialommerical anc
Construction Acitivit7
and those measure:
identified by the Direc
tor of the Department o
Public Works.
D. Exiting Develop.
meat. Existing develop.
ment shall contro
stromwater runoff so a:
to prevent any
deterioration of orate:
quality that would im.
pair- subsequent or con
peting uses of the water.
Section. 4. Non.
Stormwater Dischar.
ges.
The discharges 01
non-stormwater into tlx
storm drain system is r
violation fo this Or.
dinance, except as fol.
lows:
(a) The discharge
prohibition shall no
apply to any discharge
regulated under. an
NPDES Permit of
Waiver issued to the
Discharge and ad-
ministered by the State
of California under the
authority of the U.S.
Enviroanental Protection
Agency, provided that
the discharger is in full
compliance with the re-
quirements of the Per-
mit or Waiver and other
applicable laws or
regulations.
(b) Discharge. from the
following activites will
be be considered a
• violation of this Or-
dinance when properly
managed: water line
flushing and other dis-
charges form potable
water sources,
landscape la watering, irriga-
tion
tion water, diverted
stream flow, rising
groundwaters, infrltra-
don to seperate storm
drains, uncontaminated
pumped groundwater,
foundation and footing
drains, water from crawl
space pumps, air can-
ditioning,condensation,
springs, individual
residential car washing,
flows from riparian
habitats and wetland,.
swimming pool dischar-
ges or plows from fuse
fighting.
Section 5. Discharges
in Violation of Permit
A. Municipal NPDES
Permits. Any discharge
that would result in or
contribute to an viola-
tion
iolation of an existing or fu-
ture Municipal NPDES
Permit(s) or any amend-
ment or revision thereto
reissuance thereof,
either separately con-
sidered or when com-
bined with other .dis-
charges, is a violation of
this Ordinance is
prohibited. Liability for
any such discharge shall
be the responsibility of
the persons) causing or
responsible for the dis-
charge, and such per-
sons shall defend, in-
demnify and hold harm-
less the•City in'any
7 a4"
munistt e'c ' jttdi
enforcement acti`
relating to such dis-
B. NPDES mit for
Indnstrial/Commerdal
and Construction Ac-
tivity. Any industrial
discharger, : associated
with construction ac-
tivity or other dis-
charger
subject to any
NPDES permits issued
by the U.S. Enviromen
tal . Protection Agent,
the State Water Resour-
ces Controi Boardof the
Santa Ana Regional
Water Control Board,
shall comply with all
the requirements of
such permits. Such dis-
chargers stall specifi-
cally comply with the
following permits, In-
dustrial Stormwater
General Permit, : the
Contruction Activity
Stormwater General
Permit,. and the
Dewatering General
Permit. Proof of com-
pliance with said
NPDES General Per-
mits may be required in
a form acceptable to the
Director prio to the is-
suance of any City grad-
ing, building or oc-
c upancy permits.
Section 6. Enforce-
ment. Any person in
violation of this Or-
dinance shall be deemed
guilty of an ingraction
or misdermeanor as
hereinafter specified.
Such person shall be
deemed guilty of a
sperate offense for each
and evert day or portion
thereof during which
any violation of any of
the pervisions of this
Ordinance is com-
mitted, continued, or
permitted. Any person
convicted of a violation
of this Ordinance shall
be:
(a) Guilty of an infrac-
tion offense .and
punished by a fine not
exceeding $100.00 for a
first violation;
(b) Guilty of an
offense' ' and
punished by a fine not
exceeding $20000 for a
second violation of the
same ordinance and per-
petrated by the same
(c) third and any
additional violations on
the same ordinance and
perpetrated by the same ,
perm shall constitute an
misdermeanor offense
and shall be punishable
by a fm' not exceeding
$1,000.00 or six months
in jail, or both.
Notwithstanding the
above, a first offence
may be changed and
prosecuted as a mistier:
meanor. Payment or any
penalty herein shall not
relieve a person frau
the cesponsibilty from
correcting the violation.,
Any person who
removes any notice or
order posted in guilty of
an infraction.
In addition, to the extent
that the City makes any
provision of this Or-
dinance or identified
prac-
ticebest managemeacondition�of ap-
proval to the issuance of
a permit, any person in
violation of such condi-
tion is subject to the,
permit revocation
procedures set forth in
the Ordinance govern-
ing permit issuance.
Section 7. Definitions.
A. Municipal NPDES
shall mean an area -wide
National pollutant Dis-
charge Elimination Sys-
tem ("NPDES") permit
issued to a government
agency or a8encies for
the discharge of
stormwater from a
stormwater system.
B. Storm Drain : Sys -
tent shall mean any
facility within the City
by which stormwater
may be conveyed to
waters of the, United
States. Storm Drain
System includes but is
not limited to any: roads
with drainage systems,
streets, curbs, gutters,
catch basins, natural and
artificial channels,
ditches, aqueducts,
storm drains inlets, con-
duits or other ° drainage
structures.
Section 8. Severabilty.
If any provision, clause,
sentence, or paragraph
of this Ordinance or the
application thereof to
say person shall .be,held
invalid, such invalidity
shall not affect the other
provisi, or applica-
tion of this Ordinance
which can be given ef-
fect without the invalid
provision or application
and, to this end, the
provisions of this Or-
dinance are hereby
declared to be ser-
verable.
Section 9. Effective
Date of Ordinance.
This Ordinance shall
take effect 30 days after
its adoption by the City
Council.
PASSED AND AP-
PROVED this 24th day
of June, 1996 by the fol-
lowing vote:
AYES: Mayor Leja,
Mayor Pro Tom Berg,
and Councilmembers
Parrott, Westcot and
Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: None.
MOVED, PASSED
AND ADOPTED this
8th day of July, 1996 by
the following vote:
AYES: Mayor Pro lam
Berg and Coucihnean-
bers Parrott, Westcot
and Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
-s Roger Bag
MAYOR OF THE
CITY OF BEAUMONT
ATTEST:
-s- Cherry'tbylor
CITY CLERIC
CERTIFICATION
The foregoning is cer-
tified to be a true copy
of Ordinance No. 763
duly introduced at a
regular meeting of the
City Council held on 6/.
24/96 and was duly
adopted upon a second
reading on_7/8/96 by the
roll call votes indicated
therein.
.-s- Diem' Ih for
CITY CLERK. QTY
OF BEAUMONT
Publish The Record-
GaZette
No. 263
7-19,1996