HomeMy WebLinkAboutStaff Report 5.A 08/06/2007CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title:
An Ordinance of the City Council of the City of Petaluma Repealing
Petaluma Municipal Code Section 11.76.020; Adopting a Revised Section
11. 76.020 to Add the Theatre District to the Definition of "Central Business
District" and Prohibit Skateboarding Therein; and Providing that Any
Additional Prohibited Areas Be Designated by Ordinance
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August 6, 2007
Meeting Date:
August 6, 2007
Meeting Time: ® 3:00 PM
❑ 7:00 PM
Category: ❑ Presentation ® Consent Calendar ❑ Public Hearing ❑ Unfinished Business ❑ New
Business
Department:
Police
Cost of Proposal: None
Amount Budgeted: N/A
Director:
Chief S V, Hood
L'
Attachments to Agenda Packet Item:
Contact Person: Phone Number:
Lt. Matthew Stapleton 778-4458
Account Number: N/A
Name of Fund: N/A
A. Ordinance of the City Council of the City of Petaluma Repealing Petaluma Municipal Code Section 11.76.020;
Adopting a Revised Section 11.76.020 to Add the Theatre District to the Definition of "Central Business District"
and Prohibit Skateboarding Therein; and Providing that Any Additional Prohibited Areas Be Designated by
Ordinance.
Summary Statement:
The Police Department seeks to revise the defined boundaries of the existing "Central Business District" in PMC
11.76.020A to include the Theatre District as an area which skateboarding is prohibited. In order to provide a
more substantial basis for enforcement of citations and allow the identification of prohibited skateboarding areas
in the Municipal Code, the City Attorney also has suggested that any future additions of prohibited areas be
enacted by ordinance, rather than by resolution, as presently permitted.
Recommended Citv Council Action/Sugeested Motion:
Introduce the Ordinance repealing Petaluma Municipal Code Section 11.76.020; adopting a revised section
11.76.020 to add the Theatre District to the definition of "central business district" and prohibit skateboarding
therein; and providing that any additional prohibited areas be designated by ordinance.
Reviewed by Admin. Svcs. Dir:
Date:
Rev. # Date Last Revised:
Reviewed by City
,AQttornev:
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Date:
File:
Approved by City MtJannaper,:/
Date: % (1-1
CITY OF PETALUMA, CALIFORNIA
AUGUST 6.2007
AGENDA REPORT
FOR
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
REPEALING PETALUMA MUNICIPAL CODE SECTION 11.76.020; ADOPTING A
REVISED SECTION 11.76.020 TO ADD THE THE, DISTRICT TO THE
DEFINITION OF "CENTRAL BUSINESS DISTRICT" AND PROHIBIT
SKATEBOARDING THEREIN; AND PROVIDING THAT ANY ADDITIONAL
PROHIBITED AREAS BE DESIGNATED BY ORDINANCE
1. EXECOTIVE SUMMARY:
The Police Department seeks to revise the defined boundaries of the existing "Central
Business District" in PMC 11.76.020A to include the Theatre District as an area which
skateboarding is prohibited. In order to provide a more substantial basis for enforcement
of citations and allow the identification of prohibited skateboarding areas in the
Municipal Code, the City Attorney also has suggested that any future additions of
prohibited areas be enacted by ordinance, rather than by resolution, as presently
permitted.
2. BACKGROUND:
The Petaluma Police Department regularly receives calls for service in the Theatre
District regarding juveniles and young adults riding skateboards on the sidewalks in front
of the businesses. Not only is this a deterrent to potential customers, it is a hazard as
well. The only changes to the text of the present Section 11.76.020 are (i) a revised
physical description of the "central business district" in Subsection 11.76.020.A to
include the Theatre District; and (ii) the substitution of the word `ordinance" for
"resolution" in the last sentences of Subsection 11.76.020.B.
3. ALTERNATIVES:
Do not introduce the ordinance, in which case skateboarding will not be prohibited in the
Theatre District.
4. FINANCIAL IMPACTS:
No impact to the General Fund.
5. CONCLUSION:
If the City Council approves the ordinance modification, the Police Department will
begin enforcement of the Petaluma Municipal Code 11.76.020A within the boundaries of
the "Central Business District," including the Theatre District.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WELL IDENTIFY SUCCESS OR
COMPLETION:
The Police Department will initiate contact and issue citations to violators, which will
lead to improved safety and decrease the quantity of calls from citizens, business owners
and visitors of the Theatre District.
7. RECOMMENDATION:
Staff recommends that the City Council introduce the proposed ordinance revising the
"Central Business District" definition in PMC 11.76.020.A to include the Theatre
District, prohibit skateboarding therein and require that any future prohibited areas be
designated by ordinance.
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A�-s c.h m n nk
EFFECTIVE DATE ORDINANCE NO. XXXX N.C.S.
OF ORDINANCE
Introduced by Seconded by
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
REPEALING PETALUMA MUNICIPAL CODE SECTION 11.76.020; ADOPTING A
REVISED SECTION 11.76.020 TO ADD THE THEATRE DISTRICT TO THE
DEFINITION OF "CENTRAL BUSINESS DISTRICT" AND PROHIBIT
SKATEBOARDING THEREIN; AND PROVIDING THAT ANY ADDITIONAL
PROHIBITED AREAS BE DESIGNATED BY ORDINANCE
WHEREAS, the City of Petaluma is empowered through its City Charter and under the
police power granted to it to regulate to preserve the health, safety and welfare of its citizens; and
WHEREAS, Chapter 11.76 of the Petaluma Municipal Code was adopted to provide
reasonable regulation of the use of skateboards in certain areas of City; and
WHEREAS, Section 11.76.020 of the Petaluma Municipal Code defines the boundaries
of the "Central Business District" and prohibits skateboarding therein; and
WHEREAS, the Theatre District is located in downtown Petaluma and is functionally
part of the City's central business district; and
WHEREAS, citizens, visitors and business owners in the area of the Theatre District
have advised the City Police Department that uncontrolled skateboarding occurring in and
around the Theatre District has created a deterrent to potential customers, interfered with
pedestrian traffic and created a safety hazard; and
WHEREAS, after review and investigation of these complaints, the Petaluma Police
Department has determined that uncontrolled skateboarding occurring in and around the Theatre
District area has created a deterrent to potential customers, has interfered with pedestrian traffic
and created a safety hazard; and
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1 WHEREAS, the Petaluma Police Department recommends that skateboard use be
2 prohibited in the Petaluma Theatre District.
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7 NOW, THE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
8 PETALUMA AS FOLLOWS:
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10 Section 1. Recitals Made Findinns. The above recitals are hereby declared to be true
11 and correct and findings of the City Council of the City of Petaluma.
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14 Section 2. Chapter 11.76, Section 11.76.020 entitled, "Prohibitions on the use of
15 skateboards" of the Petaluma Municipal Code is hereby repealed, and the following Section
16 11.76.020 is hereby adopted and added to Chapter 11.76 of the Petaluma Municipal Code to read
17 as follows:
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22 CHAPTER 11.76
23 SKATEBOARDS
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26 11.76.020 Prohibitions on the use of skateboards.
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28 It is unlawful for any person to skate, or use, or ride any skateboard or similar device in,
29 on, or over any public street, bridge, underpass, sidewalk, sidewalk space, park, public pedestrian
30 walkway, publicly owned building or publicly owned parking facility in the central business
31 district, or in those shopping centers and/or additional areas within the city limits as defined and
32 listed herein or as subsequently designated by resolution of the City Council upon
33 recommendation of the Police Department.
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35 A. The term "central business district" means that area within and including the
36 following boundaries:
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38 Washington Street from and including its intersection with Keller Street to
39 and including its intersection with Water Street; Water Street from and
40 including its intersection with Washington Street to and including its
41 intersection with Western Avenue (north side of Petaluma Mill); Western
42 Avenue from and including its intersection with Water Street to and
43 including its intersection with Petaluma Boulevard; Petaluma Boulevard
44 from and including its intersection with Western Avenue to and including
45 its intersection with `B" Street; `B" Street from and including its
46 intersection with Petaluma Boulevard to and including its intersection with
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Second Street; Second Street from and including its intersection with `B"
Street to and including its intersection with "C" Street; "C" Street from
and including its intersection with Second Street to and including its
termination point adjacent to the Petaluma River; First Street from and
including its intersection with "C" street to and including its intersection
with "D" Street; "D" Street from and including its intersection with First
Street to and including its intersection with Fourth Street; Fourth Street
from and including its intersection with "D" Street to and including its
intersection with `B" Street; `B" Street from and including its intersection
with Fourth Street to and including its intersection with Fifth Street; Keller
Street from and including its intersection with `B" Street to and including
its intersection with Washington Street.
B. Shopping centers included herein shall have the meaning given to shopping centers in
Section 1-203, "Shopping Center", of Petaluma Zoning Ordinance No. 1072 N.C.S.,
or as subsequently amended: "Any combination of five or more separately owned and
operated retail businesses on a single or commonly owned or leased parcel of land, or
a commercial use or commercial complex occupying a site of at least two acres"
Shopping centers subject to this Chapter are listed as follows:
Great Mll
Golden Eagle
Petaluma Plaza
Washington Square
Payless
Petaluma Plaza North
Town and County
Gateway Shopping Center
Parkway Plaza Shopping Center
Additional shopping centers or prohibited areas as subsequently designated by
ordinance of the City Council upon recommendation of the Police Department.
Section 3. CEOA.
The City Council finds that adoption of this ordinance is exempt from the California
Environmental Quality Act ("CEQN'), pursuant to Sections 15061(b)(3) (no possibility that the
activity may have a significant impact on the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the
California Code of Regulations).
Section 4. Severabilitv.
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, the remainder of the ordinance, including the application of such part or provision
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to other persons or circumstances shall not be affected thereby and shall continue in full force
and effect. To this end, provisions of this ordinance are severable. The City Council hereby
declares that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase hereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or
unenforceable.
Section 5, Effective Date.
This ordinance shall become effective thirty (30) days after the date of its adoption by the
Petaluma City Council.
Section 6. Publication.
The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it
for the period and in the manner required by the City Charter.
ADOPTED THIS day of , 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Pamela Torliatt, Mayor
ATTEST: APPROVED AS TO FORM:
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Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney
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