It is the intent and purpose of the City Council in adopting the ordinance codified in this chapter to regulate noncommercial car wash activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly charitable in nature. These regulations are intended to prevent the expansion of such noncommercial or charitable operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial or charitable type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with commercial car washes which are licensed revenue-producing business. The City of Atwater further recognizes there is a need for noncommercial or charitable activities to raise funds for specific purposes and the use of noncommercial or charitable car washes is one method. The intent of this chapter is to provide direction and regulate these activities. It is the intent of the City to have community standards for noncommercial or charitable car washes which do not conflict with the business operations of approved commercial car washes. The City also recognizes the need to utilize water and cleaning materials in an efficient manner and the need to protect the environment against the run off of pollutants and other materials into the storm drainage and sewerage systems.

(Ord. CS 929, § 1, 9-10-2012)

For the purpose of this chapter, a "noncommercial or charitable car wash" is a temporary event where vehicles are washed in exchange for monetary donations benefitting the organizing group conducting the event. The event shall take place on private property owned by a separate entity provided that written permission is obtained from that property owner. The location of these events is limited to developed and paved commercial or nonhousing locations which provide access to the public and which are deemed to have adequate improvements to accommodate the event. These events shall not be conducted on locations with residential uses including single family dwellings, multi-family units, and mobile homes, except that the events may occur on land zoned for residential purposes provided that the site use is for an existing religious or institutional purpose.

(Ord. CS 929, § 1, 9-10-2012)

Any person proposing to promote, advertise, or conduct a noncommercial or charitable car wash shall, prior thereto, obtain a permit from the Police Department.

(Ord. CS 929, § 1, 9-10-2012)

Noncommercial or charitable car washes shall only be conducted by the following persons:

1.

Nonprofit or charitable organization;

2.

Service club or organization;

3.

Athletic clubs, teams, and organizations;

4.

School groups for a specific charitable purpose; and

5.

A group of private citizens for a specific charitable purpose (as defined by the California Tax Code).

(Ord. CS 929, § 1, 9-10-2012)

The event can only be held at one specific location as identified in the permit application. The event shall only be permitted during the hours of 7:00 a.m. and 7:00 p.m. An eligible person or organization as described in Section 17.08.040 shall not be permitted to conduct more than two noncommercial or charitable car washes within a calendar year.

(Ord. CS 929, § 1, 9-10-2012)

Persons authorized to conduct noncommercial or charitable car washes pursuant to this chapter shall submit a signed application in a form satisfactory to the Police Department. The application shall contain the following:

A.

The name of the applicant, including the type of organization and/or charitable purpose for the event.

B.

A contact address, emergency contact number, and email address if available for the applicant.

C.

The address—location of the proposed event.

D.

The date and hours of operation proposed to conduct the event.

E.

A statement that the applicant has property owner or agent approval to conduct the event during the specified date and hours of operation. In the discretion of the Chief of Police, the applicant may be required to provide additional verification in a form satisfactory to the Chief of Police.

F.

A statement signed by the applicant that the event shall be conducted in a safe manner and that the permit may be revoked at any time by the Chief of Police or designee if the event is deemed to be unsafe or in violation of this Code.

(Ord. CS 929, § 1, 9-10-2012)

Upon receipt of the application, the Chief of Police or designee shall issue the permit to the applicant provided that the Chief of Police or designee determines all of the provisions of this chapter have been met. The permit shall specify the following:

A.

The name of the permittee;

B.

The exact address or location where the event is to be conducted;

C.

The date upon which the event is to be conducted;

D.

The hours of the day during which event is to be conducted;

E.

The requirement that signs or persons involved with the event are prohibited within the public right-of-way; only one sign may be used to advertise event, which shall be displayed only at the specific location, only during the date and hours of said event, and the further requirement that said sign shall not exceed 36 square feet in area nor six feet in height;

F.

The requirement that the permit shall be revoked for failure to comply with all terms and conditions thereof, or the provisions of this chapter, or if the event is being held in an unsafe manner, or if the event is being held in violation of any applicable provisions of law;

G.

The requirement that the issued permit shall be prominently displayed at the location of the event; and

H.

Such other conditions relating to the promotion, advertising, and conducting of the event sale which, in the opinion of the Chief of Police, or designee, are necessary or proper for the preservation of the peace, elimination of traffic hazards, safety of pedestrians, preservation of public or private property, or like or similar matters.

(Ord. CS 929, § 1, 9-10-2012)

The Chief of Police or Designee shall have full authority to revoke at anytime any permit granted in accordance with this chapter upon determining that the event has been promoted, advertised or conducted in violation of any of the provisions of this chapter, or in violation of the provisions of conditions of the permit issued for such noncommercial or charitable car wash, or in such manner as to deceive or defraud the public, or that the permittee has committed any of the following:

A.

Made material misstatement in the application for such permit;

B.

Been guilty of fraudulent practice, or practices in the promotion, advertising, or conduct of the event by such permit;

C.

Violated any of the provisions or conditions of the permit, or violated any of the provisions of this chapter or of any other provision or law in promoting, advertising, or conducting the event.

(Ord. CS 929, § 1, 9-10-2012)

Any person denied a permit or aggrieved by the conditions attached thereto, or having had a permit revoked, may appeal the Chief of Police or designee decision to the planning commission by filing with the City Clerk within ten days of receiving the decision, a written request for review of the decision and stating facts supporting such request. If such person is aggrieved by the decision of the Planning Commission such person may also appeal to the City Council by filing with the City Clerk within ten days of the Planning Commission action a written request with facts and other information to support the appeal.

(Ord. CS 929, § 1, 9-10-2012)

Any person violating any provisions of this chapter is guilty of a misdemeanor.

(Ord. CS 929, § 1, 9-10-2012)

The City Council shall adopt as part of the City's miscellaneous fee schedule an application fee, if any, for noncommercial or charitable car washes and appeal.

(Ord. CS 929, § 1, 9-10-2012)

It shall be the responsibility of the permittee to utilize devices such as automatic shut off valves, buckets, and hoses attached to a public water source with the intent of limiting water runoff and to conserve the overall use of water. Excessive runoff or water use may also be grounds for revocation of an issued permit.

(Ord. CS 929, § 1, 9-10-2012)