HomeMy WebLinkAboutAgenda Report - May 6, 1998CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Introduction of Ordinance No. 1660 Relating to the Prohibition of
Glass Bottles or Similar Containers, Alcoholic Beverages and/or
Tobacco Products in Certain Posted Parks or Facilities
MEETING DATE: May 6, 1998
PREPARED BY: City Attorney
RECOMMENDATION: That the City Council introduce Ordinance No. 1660 relating to the
prohibition of glass bottles or similar containers, alcoholic
beverages and/or tobacco products in certain posted parks or
facilities.
BACKGROUND: At its meeting of November 4, 1997, the Parks and Recreation
Commission was presented with a proposal which would result in
the prohibition of alcoholic beverages and tobacco products in
certain posted parks or facilities. Subsequent to that meeting, a recommendation to implement such a
prohibition was presented to the City Council on December 17, 1997. At that meeting the Council
considered the recommendation of the Parks and Recreation Commission and authorized staff to proceed
with developing an ordinance, which would implement the Parks and Recreation Commission proposal.
This office has been working with the Parks and Recreation Director to chart a course which would allow
the Parks and Recreation Director to implement the program recommended by the Parks and Recreation
Commission and approved by the City Council. This ordinance, if adopted subsequent to its introduction,
would provide the Parks and Recreation Director with the authority to implement the policy as
recommended by the Parks and Recreation Commission and approved by the City Council.
FUNDING: None
Respectfully submitted,
f� "
Ra all A. Hays, dity Afforney
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APPROVED:
H. b on FI n -- CityM ager
ORDINANCE NO. 1660
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL
CODE CHAPTER 12.12, SECTION 12.12.045 RELATING TO THE PROHIBITION OF
GLASS BOTTLES OR SIMILAR CONTAINERS, ALCOHOLIC BEVERAGES AND/OR
TOBACCO PRODUCTS IN CERTAIN POSTED PARKS OR FACILITIES
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. Lodi Municipal Code Chapter 12.12 "Parks", Section 12.12.045 - is hereby
amended to read as follows:
12.12.045 Glass bottles or similar containers, alcoholic beverages and/or tobacco
products—Prohibited in certain posted parks or facilities.
The Parks and Recreation Director may designate, by appropriate signs,
those parks or facilities in which it shall be illegal to utilize or possess glass
bottles or similar containers, alcoholic beverages and/or tobacco products of any
nature. In such posted facilities, it is unlawful for any person to have in his or her
possession any bottle or similar glass container or to posses or consume any
alcoholic beverage or to smoke or otherwise use tobacco products.
Section 2. - No Mandatory Duly 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 daily
newspaper of general circulation printed and published in the City of Lodi and shall be in force
and take effect thirty days from and after its passage and approval.
Approved this day of , 1998
JACK A. SIEGLOCK
Mayor
Attest:
ALICE M. REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1660
was introduced at a regular meeting of the City Council of the City of Lodi held May 6, 1998 and
was thereafter passed, adopted and ordered to print at a regular meeting of said Council held
, 1998, 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.
ALICE M. REIMCHE
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney