HomeMy WebLinkAboutAgenda Report - January 21, 2004 J-02AGENDA ITEM J-02
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Ordinance No. 1742 entitled, "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"
MEETING DATE:
PREPARED BY:
January 21, 2004
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1742,
BACKGROUND INFORMATION: Ordinance No. 1742 entitled, "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" was introduced at the regular City Council meeting of January 7, 2004.
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.
FUNDING: None required.
Susan J. Blackston
City Clerk
SJBIJMP
Attachment
APPROVED:
H. Dixo Flynn, Ci4fNanager
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S CTLON 1. Section 9.08.150 "Vehicles" of the Lodi Municipal Code is hereby repealed and
reenacted to read as follows:
No person shall step, 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
retrieved 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 ordinances and parts of ordinances in conflict herewith are repealed insofar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.
§jECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in d 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 unposed 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 prevision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adapted this ordinance irrespective of the invalidity of any
particular portion thereof.
SECTIONS, 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 21 ": day of January, 2004
SUSAN J. BLACKSTON
City Clerk
State of California
County of San Joaquiquip, ss.
1, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1742
was introduced at a . r . egUlar meeting of the City Council of the City of Lodi held January 7, 2004,
a . nd was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held January 21, 2004, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and Mayor
Hansen
NOES; COUNCIL MEMBERS — None
( further certify that Ordinance No. 1742 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:
D. STEPHEN SCHWABAUER
interim City Attornoy