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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 --------------------------------------------------------------------- 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