HomeMy WebLinkAboutAgenda Report - May 16, 2012 I-01AGENDA ITEM I
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COUNCIL COMMUNICATION
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AGENDA►'TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 10.12— Enforcement
and Obedience to Traffic Regulations by Repealing and Re-enacting Section
10.12.020 "Required Obedience to Traffic Regulations" in its entirety.
MEETING DATE: May 16,2012
PREPARED BY: City Attorney
RECOMMENDED ACTION: Introduce Ordinance Amending Lodi Municipal Code Chapter 10.12
— Enforcement and Obedience to Traffic Regulations by Repealing
and Re-enacting Section 10. 12.020 "Required Obedience to Traffic
Regulations" in its entirety.
BACKGROUND INFORMATION: The proposed revision to Section 10.12.020 reflects changes in the
Vehicle Code that became effective July 1, 2011. The Legislature
amended Vehicle Code 21 to preempt local entities from using local
ordinances to prosecute traffic infractions to siphon State revenue
into local coffers. This revision acknowledges that the City will only
attempt to collect on violations of its local traffic regulations.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None Required.
APPROVED:
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Bardam, City Manager
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE CHAPTER 10.12 —
ENFORCEMENT AND OBEDIENCE TO TRAFFIC
REGULTIONS BY REPEALING AND RE-ENACTING
SECTION 10.12.020 — REQUIRED OBEDIENCE TO
TRAFFIC REGULATIONS, IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 10.12 — Enforcement and Obedience to Traffic
Regulations— is hereby amended by repealing and reenacting §10.12.020, "Required
Obedience to Traffic Regulations," in its entirety, to read as follows:
Except as preempted by Vehicle Code X21 regarding State law established
violations, iz shall be unlawful forany person to violate the traffic regulations �eieted: i
as promulgated by this title or to fail to obey any device erected or
maintained pursuant to this title or the traffic resolution. (Vehicle Code
§21461 et seq.).
SECTION 2. 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 3. 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 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 5. This ordinance shall be published pursuant to law and shall become effective
30 days from the date of passage and adoption.
Approved this day of 2012
JOANNE MOUNCE
Mayor
ATTEST:
RANDI JOHL
City Clerk
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 May
16, 2012, and was thereafter passed, adopted, and ordered to print at a regular meeting of
said Council held , 2012, 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 TO FORM:
D. STEPHEN SCHWABAUER
City Attorney
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RANDI JOHL
City Clerk