HomeMy WebLinkAboutAgenda Report - October 6, 2004 J-01AGENDA ITEM J-01
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Ordinance No. 1752 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Chapter 10.04, 'Words and Phrases Defined,' by Adding Section
10.04.010 C (9) Defining Utility Trailer and Amending Chapter 10.52, `Regulation of
Commercial Vehicle Travel and Parking,' by Repealing and Re -Enacting Section
10.52.060 (C) Relating to Utility Trailers"
MEETING DATE:
PREPARED BY:
October 6, 2004
City Clerk
RECONMAENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1752.
BACKGROUND INFORMATION: Ordinance No. 1752 entitled, "An Ordinance of the City Council of
the City of Lodi Amending Chapter 10.04, 'Words and Phrases
Defined,' by Adding Section 10.04.010 C (9) Defining Utility Trailer
and Amending Chapter 10.52, 'Regulation of Commercial Vehicle
Travel and Parking,' by Repealing and Re -Enacting Section 10.52.060 (C) Relating to Utility Trailers" was
introduced at the regular City Council meeting of September 15, 2004.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 35934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 35937.
This ordinance has been approved as to form by the City Attorney.
FUNDING:
SJe/JMP
Attachment
None required.
APPROVED:
Susan J. Blackston
City Clerk
Janet S. Keeter, Interim City Manager
cou ndUcouncom/Ordinancel .doc
ORDINANCE NO. 1752
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING CHAPTER 10-04, `WORDS AND PHRASES
DEFINED," BY ADDING SECTION 10.04.010 C (9) DEFINING
UTILITY TRAILER AND AMENDING CHAPTER 10.52,
"REGULATION OF COMMERCIAL VEHICLE TRAVEL AND
PARKING," BY REPEALING AND RE-ENACTING SECTION
10.52.060 (C) RELATING TO UTILITY TRAILERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTIt7N 1. Chapter 10.04 "Words and Phrases Defined" is hereby amended by
adding Section 10.04.010 C (9.) to reads as follows:
9. "Utility trailer" is any trailer or semitrailer used solely for the transportation
of the user's personal property and that does not exceed a gross weight
of 10,000 pounds.
SECTION 2. Chapter 10.52 "Regulation of Commercial Vehicle Travel and Parking" is
hereby amended by repealing and re-enacting Section 10.52.060 (C) relating to utility
trailers and shall read as follows:
C. This section shall not apply to utility trailers as defined in this Code or
trailer coaches (travel trailers) as defined in the Vehicle Code.
aECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner, which imposes upon the City, or any
officer, employee thereof, a mandatory duty of care towards persons or property within
the City or outside of the City so as to provide a basis of all liability for damages, except
as otherwise imposed by law.
SECTION 4 - Severability. If any provision of this ordinance or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 6. This ordinance shall be published one time in the "Lodi News -Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect thirty days from and after its passage and approval.
Approved this 6"' day of October, 2004
JOHN BECKMAN
Mayor Pro Tempore
Attest:
SUSAN J. BLACKSTON
City Clerk
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1752 was introduced at a regular meeting of the City Council of the City
of Lodi held September 15, 2004, and was thereafter passed, adopted, and ordered to
print at a regular meeting of said Council held October 6, 2004, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, and Howard
NOES; COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Land and Mayor Hansen
ABSTAIN: COUNCIL. MEMBERS — None
I further certify that Ordinance No. 1752 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
Approved as to Form:
D. HEN SCHWABAU R
City Attorney
SUSAN J. BLACKSTON
City Clerk
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