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HomeMy WebLinkAboutAgenda Report - August 18, 1999 I-03CITY OF LODI COUNCIL COMMUHICATION AGENDA TITLE: Ordinance No. 1678 Entitled, "An Ordinance Of The City Council Of The City Of Lodi Amending Title 9 — Public Peace, Morals And Welfare By Adding Chapter 9.14 To The Lodi Municipal Code Relating To Interference With Special Events" MEETING DATE: August 18, 1999 PREPARED BY: City Clerk RECOMMENDED ACTION: Following reading by title, it would be appropriate for the City Council to adopt Ordinance No. 1678. BACKGROUND INFORMATION: Ordinance No. 1678 entitled, "An Ordinance Of The City Council Of The City Of Lodi Amending Title 9 — Public Peace, Morals And Welfare By Adding Chapter 9.14 To The Lodi Municipal Code Relating To Interference With Special Events"was introduced at the regular City Council meeting of August 4, 1999. Pursuant to State statute, ordinances may be adopted five days after their introductions following reading by title. This Ordinance has been approved as to form by the City Attorney. FUNDING: None required. Attachment Alice M. Rei he . City Cleric APPROVED: H. D' on Flynn -- City hfanager ORDINANCE NO. 1678 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING TITLE 9 — PUBLIC PEACE, MORALS AND WELFARE BY ADDING CHAPTER 9.14 TO THE LODI MUNICIPAL CODE RELATING TO INTERFERENCE WITH SPECIAL EVENTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Chapter 9.14 — Interference with Special Events is hereby added to the Lodi Municipal Code to read as follows: Sections: 9.14.010 Definitions. 9.14.020 Interference with Special Event Prohibited. 9.14.030 Violation — Infraction. 9.14.010 Definitions: For purposes of this Chapter, the following words, terms and phrases shall have the meaning given herein: A. "City" means the City of Lodi. B. "Special Event" shall mean any event, parade, exposition, fair or procession staged in or upon public streets including sidewalk area for which an encroachment permit has been issued and for which City services are required because of interference with normal vehicular traffic, pedestrian traffic or which will reasonably be expected to generate an extraordinary need for sanitation or other City services. C. "Public Street" shall have the meaning set forth in Section 12.040.010 (D) of the Lodi Municipal Code. 9.14.020 Interference with Special Event Prohibited: It shall be unlawful for any person to interfere with, disrupt or impede a permitted special event as specified herein. The following acts are prohibited by this section when done for the purpose of or with knowledge that an effect thereof is to interfere with or disrupt the ability of the permittee to cant' on the special event. A. To block, obstruct or impede the passage of participants, vehicles or animals in the special event along the special event route; B. When not participating in the special event with the permission of the permittee holder, to walk, run, operate a skateboard, ride any wheeled vehicle or rollerskate through, between, with or among the participants, vehicles or animals in the special event, except in cases of bona fide emergency; C. To drop, roll, throw, toss, squirt or propel any gaseous, liquid semi-solid or solid substance or object toward or among the participants, vehicles or animals in the special event; D. To grab, take hold of, strike, hit, pull or push any participant, vehicle or animal in the special event, or to mount any vehicle in the special event, except with the permission of the permittee or in cases of bona fide emergency; E. To generate, amplify or broadcast any noises or sounds using any loudspeaker, amplifier, instrument or device other than sounds generated solely by the human voice or body unaided by any such amplifier, device or instrument upon any sidewalk or public place. This restriction shall apply only along the special event route while the special event is in progress at that location, and shall not apply to any participant in the special event acting with the permission of the permittee. F. When not participating in the special event with the permission of the permittee, to vend or sell any product along the special event route or during the time of the special event, as designated on the permit issued to permit holder. 9.14.030 Violation — Infraction. Any person who is convicted of a violation of any of the provisions of this article is guilty of an infraction and shall be punished accordingly. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. 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 4. 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 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 take effect thirty days from and after its passage and approval. Approved this I IP day of August, 1999. KEITH LAND Mayor Attest: �LLI� �►i ' Alice M. Reimc e City Clerk i State of California County of San Joaquin, ss. I, Alice Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1678 was introduced at a regular meeting of the City Council of the City of Lodi held August 4, 1999, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held August 18, 1999 by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Mann, Nakanishi, Pennino and Land (Mayor) NOES; COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1678 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. bl�) % 4W44) ALICE M. REIMCHE City Clerk Approved as to Form: RANDALL A. HAYS City Attorney ��� � !i A -Z f7v C.J c-lZsz�c� ��� � � � , j ��� � �;�� �v .