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ORD 369 ORDINANCE NO. 369 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CERTAIN PROVISIONS OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGARDING THE CITY'S TRANSIENT OCCUPANCY TAX THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS: Section 1. Section 3.16.020 of Chapter 3.16 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by amending paragraphs A, F, and G thereof and adding new paragraph H thereto to read as follows: "A. "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed to be used, occupied or possessed by persons for temporary dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, rental unit, dormitory, public or private club, mobile home, or house trailer at a fixed location, bed and breakfast or other similar structure or portion thereof. "F. "Tax administrator" means the director of finance of the city or other person designated by the city manager. "G. "Temporary" means a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. In the event that any person rents a hotel room(s) for more than thirty consecutive calendar days, the determination of whether the use was temporary, for purposes of applying this chapter, shall be based on the time period of actual occupancy of the room by a natural person or persons and not the duration of the room reservation, lease or rental agreement. In determining whether the use is temporary, uninterrupted periods of time, extending both prior and subsequent to the effective date of this chapter, may be considered by the tax administrator. "H. "Transient" means any person who exercises temporary occupancy or is entitled to temporary occupancy. Any person who exercises temporary occupancy or is entitled to temporary occupancy shall be deemed to be a transient until thirty consecutive calendar days of actual occupancy have elapsed." Section 2. Section 3.16.140 of Chapter 3.16 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by amending paragraph A thereof to read as follows: 66319-1 (Ord.No.369) "A. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars or by not more than six months imprisonment in the county jail or by both such fine and imprisonment." Section 3. Savings Clause. The provisions of this ordinance are substantially the same as those originally set forth in Ordinance No. 7, as adopted in 1973. Therefore, this ordinance is to be construed as a restatement and continuation of this earlier ordinance, as previously codified, and not as a new enactment. Nothing contained in this ordinance shall be interpreted or enforced in any manner as to constitute an increase in the amount of the tax imposed by Ordinance No. 7. Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Rancho Palos Verdes hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. PASSED, APPROVED and ADOPTED this 21st day of August 2001. a, .r ATTEST: LI/9 ✓/City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the Ordinance No. 369 Page 2 of 3 foregoing Ordinance No. 369 passed first reading on August 7, 2001 was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 21, 2001 and that the same was passed and adopted by the following roll call vote: AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon NOES: None ABSENT: None ABSTAIN: None f i City Clerk Ordinance No. 369 Page 3 of 3 all RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on October 16, 2001 she caused to be posted the following document entitled: ORDINANCE NO. 369 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING CERTAIN PROVISIONS OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGARDING THE CITY'S TRANSIENT OCCUPANCY TAX. a copy of which is attached hereto, in the following locations: City Hall Hesse Park 30940 Hawthorne Blvd. 29301 Hawthorne Blvd Rancho Palos Verdes Rancho Palos Verdes Ladera Linda Community Center Ryan Park 32201 Forrestal Drive 30359 Hawthorne Blvd., Rancho Palos Verdes Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. 14:3' /P.CeitA-C- 2--Q City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.palosverdes.com/rpv