Just Say No to Big Brother’s Smart Meters by Orlean Koehle
consultation with the local jurisdiction, the City’s Code requirements, and subjecting residents of Watsonville to the privacy, security, health, accuracy and consumer fraud risks of the unproven SmartMeter technology; and WHEREAS, the City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance may have a significant effect on the environment. This Ordinance does not authorize construction or installation of any facilities and, in fact, imposes greater restrictions on such construction and installation in order to protect the public health, safety and general welfare. This Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. Ord No. (CM) Q:\COUNCIL\2010\082410\SmartMeter
Moratorium.docx ri 8/19/2010 2:19:23 PM 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. No Smart Meter may be installed in or on any home, apartment, condominium or business in the City of Watsonville, and no equipment related to Smart Meters may be installed in, on, under, or above any public street or public right of way in the City for twelve (12) months from the date of this Ordinance, at which time the Watsonville City Council, shall consider whether to extend or terminate this prohibition in light of the then-current data on Smart Meter privacy, safety, accuracy and health effects.
Section 2. Violations of the Moratorium may be charged as infractions or misdemeanors as set forth in Section 1-2.10 of the Watsonville Municipal Code or otherwise as set forth in Article 1 of Chapter 2 of Title 1 of the Watsonville Municipal Code in the discretion of the City. In addition, violations shall be deemed public nuisances, with enforcement by injunction or any other remedy authorized by law. Section 3. The City Manager is hereby authorized on behalf of the City of Watsonville to direct all City Departments, to facilitate compliance with the purpose and intent of this Ordinance using the enforcement powers described in the preceding paragraph. Section 4. This City Council finds and determines that: (a) there is a current and immediate threat to the public health, safety and welfare; (b) the moratorium must be imposed in order to protect and preserve the public interest, health, safety, comfort and convenience and to preserve the public welfare; and (c) it is necessary to preserve the public health and safety of all residents or landowners adjacent to such uses as are Ord No. (CM) Q:\COUNCIL\2010\082410\SmartMeter
Moratorium.docx ri 8/19/2010 2:19:23 PM 6 affected by this interim ordinance as well as to protect all of the citizens of Watsonville by
preserving and improving the aesthetic and economic conditions of the City.
Section 5. Any provision of the Watsonville Municipal Code or other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, is hereby suspended during this interim ordinance.
Section 6. If any provision of this interim ordinance is held to be unconstitutional, it is the intent of the City Council that such portions of such ordinance be severable from the remainder and the remainder be given full force and effect.
Section 7. The interim ordinance is declared to be an emergency measure adopted pursuant to the provisions of Section 602 of the Watsonville City Charter and California Government Code Section 65858 and is necessary for preserving the public peace, health, safety, and property, and the general welfare and urgency for its adoption are set forth in the findings above. Section 8. This interim ordinance shall take effect and be in force immediately upon its adoption and shall remain in effect until August 25, 2011, unless otherwise modified by ordinance; and on August 26, 2011,
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