HomeMy WebLinkAboutAgenda Report - July 2, 2008 K-07AGENDA ITEM XwO7
Out CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 12.12 "Parks" by
adding Section 12.12.055 - Interfering with Parks and Recreation Programs
MEETING DATE: July 2,2008
PREPARED BY: City Attorney
RECOMMENDED ACTION: Introduce Ordinance Amending Lodi Municipal Code Chapter 12.12
"Parks" by adding Section 12.12.055- Interferingwith Parks and
Recreation Programs"
BACKGROUND INFORMATION: Parks & Recreation staff has had several occasions where people
who have not passed background checks required by California law
have attempted to coach children. In at least one incident, an
individual prohibited from coaching children based on his criminal record (which included several violent
felonies) continued to act as an assistant coach in youth sports and refused all requests of Parks &
Recreation staff to cease such activities and leave the field of play. To prevent interference with youth
sports programs, this Ordinance will allow the Police Department to arrest and cite individuals who refuse
requests to leave the field of play during organized sporting events.
FISCAL IMPACT Not applicable.
�Stephe)l Schwabauer
i Attorney
APPROVED:
it King, City Manager
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LODI AMENDING LODI MUNICIPAL CODE CHAPTER 12.12
"PARKS" BY ADDING SECTION 12.12.055 "INTERFERING
WITH PARKS AND RECREATION PROGRAMS"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 12.12 "Parks" — is hereby amended by
adding Section 12.12.055 - Interfering with Parks and Recreation Programs, to read as
follows:
12.12.055 Interfering with Parks and Recreation Programs:
No person shall be present on any schoolyard or park within ten (10) feet
of the field of play of any field being used by a Parks and Recreation
affiliated youth program for play, practice or a game unless that person —
1) is a City approved volunteer or employee who has received
Department of Justice fingerprint clearance; or
2) is a youth member of the team and/or program.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 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
or 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 civil 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. 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
take effect 30 days from and after its passage and approval.
Approved this day of , 2008
JOANNE MOUNCE
Mayor
Attest:
RANDI JOHL
City Clerk
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State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. was introduced at a regular meeting of the City Council of the City of Lodi held
July 2, 2008, and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held , 2008, by the following vote:
AYES: COUNCIL MEMBERS —
NOES; COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. 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. STEPHEN SCHWABAUER
City Attorney
RANDI JOHL
City Clerk
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