1. No smart meter may be installed in or on any home, apartment, condominium, business, or any City property in the City of Sebastopol, 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 until such time as the California Public Utilities Commission (CPUC) completes its Phase 2 hearings on community opt-out, at which time the Sebastopol 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.

2. Violations of this moratorium may be charged as infractions or misdemeanors as set forth in SMC 1.04.010, Penalties:

Except where specifically provided, any person violating any of the provisions of the Municipal Code shall be deemed guilty of an infraction and any person violating the same section or portion of an ordinance on a second or subsequent occasion shall thereafter be deemed guilty of an infraction, and any person violating the same section or portion of an ordinance on a third or subsequent occasion shall thereafter be deemed guilty of a misdemeanor and upon conviction of either an infraction or a misdemeanor shall be punishable as provided by law. Fines shall be set by bail schedule.

In addition, violations shall be deemed public nuisances, with enforcement by injunction or any other remedy authorized by law.

3. The Sebastopol City Manager is hereby authorized to direct all City departments to facilitate compliance with the purpose and intent of this chapter using the enforcement powers described in subsection (A)(2) of this section.

4. The City of Sebastopol requires that all further deployment is stayed until the California Public Utilities Commission (CPUC) completes its Phase 2 hearings on community opt-out and the City of Sebastopol City Council makes their decision and actions based upon the outcome of the CPUC hearings.