HomeMy WebLinkAboutAgenda Report - August 4, 1999 H-03A 1 4
CITY OF LODI
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
RECOMMENDATION:
BACKGROUND:
COUNCIL COMMUNICATION
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Introduction of Ordinance No. 1678 Relating to the Prohibition of
Interference with Special Events
August 4, 1999
City Attorney
That the City Council introduce Ordinance No. 1678 Amending
Title 9, by adding Chapter 9.14 Relating to the Prohibition of
Interference with Special Events and discussion relative to this
Ordinance.
This Ordinance is prepared based upon requests that have been
received relative to developing a means to prohibit certain forms of
interference with special events by spectators and others which are
not addressed by current laws. Principal among the substances that are addressed by this Ordinance are
silly string and hand thrown poppers which basically explode upon contact with a hard surface. Request
for such prohibitions have been received from the Shriners as well as from high school band directors.
This Ordinance would give authority to police to prevent actions interfering with a special event which
endangers participants and spectators or which create additional cleanup costs for the City.
Some recent experiences demonstrate that Silly String can adhere to the eyeglasses or clothing of
individuals who are in the parade, some of whom are driving vehicles. Additionally, the throwing of the
poppers which explode when they hit a hard surface are extremely distracting to those participating and
band activities. Additionally, the objects are being thrown at the participants and explode upon hitting
musical instruments. Lastly, if there are any animals involved in a parade the poppers frighten the animals
to such an extent that they may become dangerous to spectators as well as the participants.
FUNDING: None
APPROVED:
Respectfully submitted,
WoeAdger 41!
Randall A. Hays, City Attor+riey
H. D . • n Flynn — Cit Manager,
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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:
CTION 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.
9.14.010 Definitions:
For purposes of this Chapter, the following words, terms and phrases shall have
the meaning given herein:
A. "City" means the City o Lodi.
B. "Special Event" shall man 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 carry 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;
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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.
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.
ACTION 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.
B. ACTION 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 day of , 1999.
KEITH LAND
Mayor
Attest:
Alice M. Reimche
City Clerk
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State of Califomia
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 , 1999 by the following vote:
Ayes: Council Members -
Noes; Council Members -
Absent Council Members -
Abstain: Council Members -
1 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.
Approved as to Form:
'44eze della-
RANDALL A. HAYS
City Attorney
ALICE M. REIMCHE
City Clerk
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