HomeMy WebLinkAboutAgenda Report - December 7, 2016 J-04AGENDA ITEM J-04
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Ordinance No. 1935 Entitled, "An Ordinance of the Lodi City Council Adopting the
'2016 California Plumbing Code,' Thereby Repealing and Re -Enacting Lodi
Municipal Code Chapter 15.12 in Its Entirety"
MEETING DATE:
PREPARED BY:
December 7, 2016
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1935.
BACKGROUND INFORMATION: Ordinance No. 1935 entitled, "An Ordinance of the Lodi City Council
Adopting the '2016 California Plumbing Code,' Thereby Repealing
and Re -Enacting Lodi Municipal Code Chapter 15.12 in Its Entirety,"
was introduced at the regular City Council meeting of November 2, 2016.
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 § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE
Not applicable.
Not applicable.
w
nifer M erraiolo
City Clerk
JMF/PMF
Attachment
APPROVED:
Manager
N:\Administration\CLERK\Council\COUNCOM\Ordinance4.DOC
ORDINANCE NO. 1935
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE "2016 CALIFORNIA PLUMBING CODE,"
THEREBY REPEALING AND REENACTING LODI
MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.12, "California Plumbing Code," is
hereby repealed and reenacted to read as follows:
Chapter 15.12
PLUMBING CODE
15.12.010
Adoption.
15.12.020
Department Having Jurisdiction.
15.12.030
Plumbing Permit Fees.
15.12.040
Fee Schedule.
15.12.050
Investigation Fee.
15.12.060
Violation — Misdemeanor.
15.12.010 Adoption
The provisions set forth in the "2016 California Plumbing Code" together with
Chapter 1 Administration Division II are hereby adopted as the Plumbing Code of the
City of Lodi and copies of the same are maintained by the City Building Official and
available for review in the Community Development Department. The Plumbing Code of
the City of Lodi shall apply to all matters pertaining to plumbing, drainage systems, and
gas fittings in the City of Lodi.
15.12.020 Department Having Jurisdiction
The Building Division of the Community Development Department and the
Building Official or his/her authorized representative shall enforce the provisions of this
Chapter and shall have all of the duties and rights of the Administrative Authority as
provided in the 2016 California Plumbing Code.
15.12.030 Plumbing Permit Fees
A fee for each plumbing permit required by this Chapter shall be paid to the City
of Lodi. Fees shall be paid prior to permit issuance.
15.12.040 Fee Schedule
Section 104.5 The schedule of plumbing permit fees required by this Chapter will
be those established and adopted by City Council from time to time by resolution.
15.12.050 Investigation Fee — Work Without a Permit
Sections 104.5.1 and 104.5.2 Work Commenced before permit is issued. Any person
who commences work requiring a permit before obtaining the necessary permits shall be
subject to a fee established by the applicable governing authority that shall be in addition
to the required permit fee.
15.12.060 Violation — Misdemeanor
A. It shall be unlawful for any person, firm or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove, convert, demolish, equip,
use or maintain any plumbing or permit the same to be done in violation
of this Chapter.
B. Any person, firm, or corporation violating any of the provisions or failing to
comply with any of the mandatory requirements of this Chapter is guilty of
a misdemeanor punishable on conviction as set forth in Chapter 1.08 of
this Code. Each separate day or any portion of thereof, during which any
violation of this Chapter occurs or continues, shall be deemed to
constitute a separate offense and punished accordingly.
C. In addition to the penalties set forth in Section 15.12.060(B) above, City
may at its sole discretion, seek to enforce this Chapter under Chapter
1.10 of this Code.
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. Effective Date and Publication. This Ordinance shall take effect thirty (30)
days after its adoption. In lieu of publication of the full text of the ordinance within fifteen
(15) days after its passage, a summary of the ordinance may be published at least five
(5) days prior to and fifteen (15) days after adoption by the City Council, and a certified
copy shall be posted in the office of the City Clerk pursuant to Government Code section
36933(c)(1).
2
Approved this 7th day of December, 2016
MARK CHANDLER
Mayor
Attest:
03, - wi'4
F,�;'6k---JIFSFR� - - N •Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1935 was introduced at a regular meeting of the City Council of the City
of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to
print at a regular meeting of said Council held December 7, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi,
and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1935 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:
NfCEEJ. MAGDICH
ty-Attorney
t7M?
'' � rinw- Ald K I W - i , "I,
f • •
3
• Please immediately confirm receipt
Qf this, fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
.ADVERTISING INSTRUCTIONS
SUBS SUMMARY OF ORDINANCE NOS. 1932 —1938
PUBLISH DATE: SATURDAY, NOVEMBER 5, 2016
MENEEMINE=
TEAR SHEETS WANTED: One 1 ! se
SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK
LNS ACCT. #0510052 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, NOVEMBER 3, 2016
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
PAMELA M. FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
AgnDERQQFAFADEKkMENENT. THANK YOUl t
Emailed to the Sentinel at dianer01q.d%news=rn at (tirne), on
LNS _ Phoned to confirm re [pt of all paged at (time]
N:\Administration\CLERK\OrdSummaries\Advins.doc
CITY OF LODI
ORDINANCE NO. 1932
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY.
ORDINANCE NO. 1933
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.08 IN ITS ENTIRETY.
ORDINANCE NO. 1934
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.16 IN ITS ENTIRETY.
ORDINANCE NO. 1935
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.12 IN ITS ENTIRETY.
ORDINANCE NO. 1936
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY.
ORDINANCE NO. 1937
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN
BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY.
ORDINANCE NO. 1938
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA FIRE
CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER
15.20 IN ITS ENTIRETY.
The purpose of these ordinances is to update the following codes to be consistent with State law:
Califomia Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code,.
Green Building Standard Code, and Fire Code. Introduced November 2., 2016. Adv tion to be
considered December 7, 2016. AYES: Johnson, Kuehne, Mounce, Nakanishi and
Mayor Chandler; NOES: None; ABSENT: None.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
November 2, 2016
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
DECLARATION OF POSTING[iFdrtit
ORDINANCE NO. 1935
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL
CODE CHAPTER 15.12 IN ITS ENTIRETY.
On Thursday, November 3, 2016, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1935 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 3, 2016, at Lodi, California.
a
Pamela M. Farris
Deputy City Clerk
ordsummariesWDecPost. doc
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elizabeth Burgos
Administrative Clerk
EE
ORDINANCE NO. 1935 —
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE "2016 CALIFORNIA PLUMBING CODE,"
THEREBY REPEALING AND REENACTING LODI
MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.12, "California Plumbing Code," is
hereby repealed and reenacted to read as follows:
Chapter 15.12
PLUMBING CODE
15.12.010
Adoption.
15.12.020
Department Having Jurisdiction.
15.12.030
Plumbing Permit Fees.
15.12.040
Fee Schedule.
15.12.050
Investigation Fee.
15.12.060
Violation — Misdemeanor.
15.12.010 Adoption
The provisions set forth in the "2016 California Plumbing Code" together with
Chapter 1 Administration Division II are hereby adopted as the Plumbing Code of the
City of Lodi and copies of the same are maintained by the City Building Official and
available for review in the Community Development Department. The Plumbing Code of
the City of Lodi shall apply to all matters pertaining to plumbing, drainage systems, and
gas fittings in the City of Lodi.
15.12.020 Department Having Jurisdiction
The Building Division of the Community Development Department and the
Building Official or his/her authorized representative shall enforce the provisions of this
Chapter and shall have all of the duties and rights of the Administrative Authority as
provided in the 2016 California Plumbing Code.
15.12.030 Plumbing Permit Fees
A fee for each plumbing permit required by this Chapter shall be paid to the City
of Lodi. Fees shall be paid prior to permit issuance.
15.12.040 Fee Schedule
Section 104.5 The schedule of plumbing permit fees required by this Chapter will
be those established and adopted by City Council from time to time by resolution.
15.12.050 Investigation Fee — Work Without a Permit
Sections 104;5.1 and 104.5:2 Work Commenced before permit is issued. Any person
who commences work requiring. a permit before obtaining the necessary permits shall be
subject to a fee established by the applicable governing authority that shall be in -addition
to the required permit fee.
15.12.060 Violation — Misdemeanor
A. It shall. be. unlawfui for arty person, firm or corporation to erect, construct,
enlarge; alter, repair,. move, improve, remove, convert, demolish, equip,
use or aintain any plumbing or permit the same to be done in violation
m
of this Chapter.
B. Any person, firm, or corporation violating any of the provisions or faiiing to
comply with any of the Mandatory requirements of this Chapter is guilty of
a misdemeanor punishable: on conviction as set forth in Chapter 1.08 of
this Code. Each separate day or any portion of thereof, during which any
violation of this Chapter occurs or continues, shall be deemed to
constitute a separate offense and punished accordingly.
C. In addition to the penalties set forth in Section 15.12.060(B) above, City
may at its sole discretion, seek to enforce this Chapter under Chapter
1.10 of this Code.
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 one time in the "Lodi News Sentinel," a
newspaper of general circulation, printed and pubiished in the City of Lodi, and shall be
In force and take effect January 1, 2017, which date is at least 30 days after passage of
this ordinance.
2
Approved this day of November, 2016
MARK CHANDLER
Mayor
Attest:
JENNIFER M. FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, coo hereby certify that:
Ordinance No. 1935 was introduced at a regular meeting of the City Council of the City
of Lodi held November 2, 2016, and was thereafter passed, adopted; and ordered to
print at a regular meeting of said Council held November 2016, by the following.
vote:
AYES:
COUNCIL MEMBERS —
NOES:
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
I further certify that Ordinance No. 1935 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
JENNIFER M. FERRAIOLO
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
(q
SUBJECT:
Please immediately confirm receipt
o,,f'this fax by call gag 333-670
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUMMARY OF ORDINANCE NOS. 1932 -1938
PUBLISH DATE: SATURDAY, DECEMBER 10, 2016
� � I
TEAR SHEETS WANTED: One (1) Blease
SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK
LNS ACCT. #0510052 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, DECEMBER 8, 2016
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
PAMELAIM. FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
ANDAM-0-Jl'�.OP.&M, W— AR MT : IYOM
Ernaited to the Sentinel at dianer@lodinews.com,at on ��taiw)!. (pages)
f Phoned.t'v Confirm ;t lipt of 8((1l0a;d at :-. a lfllt" >�s.S' ;;[I171w:
N:\Administration\CLERK\OrdSummaries\Advins.doc
CITY OF LODI
ORDINANCE NO. 1932
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY.
ORDINANCE NO. 1933
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.08 IN ITS ENTIRETY.
ORDINANCE NO. 1934
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.16 IN ITS ENTIRETY.
ORDINANCE NO. 1935
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.12 IN ITS ENTIRETY.
ORDINANCE NO. 1936
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY.
ORDINANCE NO. 1937
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN
BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY.
ORDINANCE NO. 1938
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA FIRE
CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER
15.20 IN ITS ENTIRETY.
The purpose of these ordinances is to update the following codes to be consistent with State law:
California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code,
Green Building Standard Code, and Fire Code. Introduced November 2, 2016. Adopted
December 7, 2016, and effective January 5, 2017. AYES: Johnson, Kuehne, Mounce, Nakanishi
and Mayor Chandler; NOES: None; ABSENT: None.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
December 7, 2016
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
DECLARATION OF POSTING
ORDINANCE NO. 1935
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA
PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL
CODE CHAPTER 15.12 IN ITS ENTIRETY.
On Thursday, December 8, 2016, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1935 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 8, 2016, at Lodi, California.
oo
izae&-a WV36.- jj�d�
Pamela M. Farris
Deputy City Clerk
ordsummaries\aaDeePost. doe
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elizabeth Burgos
Administrative Clerk
ORDINANCE NO. 1935
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE "2016 CALIFORNIA PLUMBING CODE,"
THEREBY REPEALING AND REENACTING LODI
MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.12, "California Plumbing Code," is
hereby repealed and reenacted to read as follows:
Chapter 15.12
PLUMBING CODE
15.12.010
Adoption.
15.12.020
Department Having Jurisdiction.
15.12.030
Plumbing Permit Fees.
15.12.040
Fee Schedule.
15.12.050
Investigation Fee.
15.12.060
Violation — Misdemeanor.
15.12.010 Adoption
The provisions set forth in the "2016 California Plumbing Code" together with
Chapter 1 Administration Division II are hereby adopted as the Plumbing Code of the
City of Lodi and copies of the same are maintained by the City Building Official and
mailable for review in the Community Development Department. The Plumbing Code of
the City of Lodi shall apply to all matters pertaining to plumbing, drainage systems, and
gas fittings in the City of Lodi.
15.12.020 Department Having Jurisdiction
The Building Division of the Community Development Department and the
Building Official or his/her authorized representative shall enforce the provisions of this
Chapter and shall have all of the duties and rights of the Administrative Authority as
provided in the 2016 California Plumbing Code.
15.12.030 Plumbing Permit Fees
A fee for each plumbing permit required by this Chapter shall be paid to the City
of Lodi. Fees shall be paid prior to permit issuance.
15.12.040 Fee Schedule
Section 104.5 The schedule of plumbing permit fees required by this Chapter will
be those established and adopted by City Council from time to time by resolution.
15.12.050 Investigation Fee — Work Without a Permit
Sections 104.5.1 and 104.5.2 Work Commenced before permit is issued. Any person
who commences work requiring a permit before obtaining the necessary permits shall be
subject to a fee established by the applicable governing authority that shall be in addition
to the required permit fee.
15.12.060 Violation — Misdemeanor
A. It shall be unlawful for any person, firm or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove, convert, demolish, equip,
use or maintain any plumbing or permit the same to be done in violation
of this Chapter.
B. Any person, firm, or corporation violating any of the provisions or failing to
comply with any of the mandatory requirements of this Chapter is guilty, of
a misdemeanor punishable on conviction as set forth in Chapter 1.08 of
this Code. Each separate day or any portion of thereof, during which any
violation of this Chapter occurs or continues, shall be deemed to
constitute a separate offense and punished accordingly.
C. In addition to the penalties set forth in Section 15.12.060(B) above, City
may at its sole discretion, seek to enforce this Chapter under Chapter
1.10 of this Code.
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. Effective Date and Publication. This Ordinance shall take effect thirty (30)
days after Its adoption. In lieu of publication of the full text of the ordinance within fifteen
(15) . days after its passage, a summary of the ordinance may be published at least five
(5) days prior to and fifteen (15) days after adoption by the City Council, and a certified
copy shall be posted in the office of the City Clerk pursuant to Government Code section
36933(c)(1).
2
Approved this 7th day of December, 2016
MARK CHANDLER
Mayor
Attest:
JENNIFER M. FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferralolv,. City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1935 was introduced at a. regular meeting, of the City Council of the City
of Lodi meld November 2, 2416, and was thereafter passed, adopted, and ordered to
print at a regular meeting of said Council held December 7, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi,
and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1935 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:
JANICE D. MAGDICH
City Attorney
JENNIFER M. FERRAIOLO
City Clerk
3