HomeMy WebLinkAboutAgenda Report - June 6, 2012 J-01AGENDA ITEM J-01
CITY OF LODI
COUNCIL COMMUNICATION
TH
AGENDA TITLE: Ordinance No. 1859 Entitled, "An Ordinance of the Lodi City Council 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: June 6,2012
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1859.
BACKGROUND INFORMATION: Ordinance No. 1859 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Chapter 10.12 — Enforcementand
Obedience to Traffic Regulations — by Repealing and Re -Enacting
Section 10.12.020, `Required Obedience to Traffic Regulations,' in Its Entirety," was introduced at the
regular City Council meeting of May 16, 2012.
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 fCode§ 36934.
Ordinances take effect 30 days aftertheir final passage. Cal. Gov't Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE:
RJ/jmr
Attachment
None.
None required.
APPROVED:
fff�E
Randi Johl
City Clerk
Konradt Bartlam, City Manager
N:\Administration\CLERK\Council\COUNCOM\Ordinance1 . DOC
ORDINANCE NO. 1859
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
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BE IT ORDAINED BYTHE LODI CITY COUNCILAS FOLLOWS:
SECTION I . Lodi Municipal Code Chapter 10.12 — Enforcement and Obedienceto 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 921 regarding State law established
violations, it shall be unlawfulfor any person to violate the traffic regulations
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 intendedto and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatoryduty of care towards persons or property within the City or
outside of the City so as to provide a basis of civil liabilityfor 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 declaresthat itwould have adopted this ordinance irrespectiveof the invalidityof 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 pursuantto law and shall becomeeffective
30 days from the date of passage and adoption.
Approved this 6th day of June, 2012
rk10ANNE MOUNCE
V Mayor
State of California
County of San Joaquin, ss.
1, Randi Johl, City Clerk of the City of Lodi, do hereby certifythat Ordinance No. 1859
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 orderedto print at a regular meeting of said
Council held June 6, 2012, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi,
and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
further certify that Ordinance No. 1859was approved and signed by the Mayor on
the date of its passage and the same has been publis suant to lave
MA I Aznbi
APPROVED TO O M:
D. STEPHEN SCHWABAUER
City Attorney
K
City Clerk