HomeMy WebLinkAboutAgenda Report - January 7, 2004 E-17AGENDA ITEM E 7
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 9.08
"Offenses Against Property' by Repealing and Re-enacting Section
9.08.150 - "Vehicles."
MEETING DATE: .January 7, 2004
PREPARED BY: City Attorney
RECOMMENDED ACTION: That the City Council introduce ordinance amending Lodi Municipal
Code Chapter 9.08 to make parking without permission on private
property an infraction rather than a misdemeanor and making
towing mandatory.
Lodi Police Department has received numerous complaints from merchants along Kettleman Lane
concerning cars parked in their customer lots for sale. These amendments are intended to make it easier
for Lodi Police Department to respond and resolve the problem.
BACKGROUND INFORMATION:
FUNDING: None Required.
Respectfully submitted,
APPROVED:
H. Dixo Flynn, City
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING TITLE 9 — PUBLIC PEACE, MORALS AND WELFARE,
CHAPTER 9.08 "OFFENSES AGAINST PROPERTY" BY REPEALING AND
REENACTING SECTION 9.08.150 OF THE LODI MUNICIPAL CODE
RELATING TO VEHICLES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Section 9.08.150 "Vehicles" of the Lodi Municipal Code is hereby repealed and
reenacted to read as follows:
9.08.150 Vehicles.
No person shall stop, park, or leave standing a vehicle at any time
within or upon any posted property without written permission of
the owner, tenant, or the occupant in legal possession or control
thereof. Vehicles parked in violation of this requirement shall be
removed at the vehicle owner's expense. Violations of this
requirement are deemed to be an infraction.
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 All ordinances and parts of ordinances in conflict herewith are repealed insofar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 day of January, 2004
LARRY D. HANSEN
Mayor
Attest:
SUSAN J. BLACKSTON
City Clerk
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State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
was introduced at a regular meeting of the City Council of the City of Lodi held January 7, 2004,
and was thereafter passed, adopted and ordered to print at a regular meeting of said Council
held , 2004, , 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.
SUSAN J. BLACKSTON
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney