HomeMy WebLinkAboutOrdinance 2283 N.C.S. 09/10/2007EFFECTIVE DATE ORDINANCE NO. 2283 N.C.S.
OF ORDINANCE
October 10, 2007
1 Introduced by Seconded by
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4 Teresa Barrett David Rabbitt
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10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA REPEALING PETALUMA
11 MUNICIPAL CODE SECTION 11.76.020; ADOPTING A REVISED SECTION 11.76.020 TO ADD
12 THE THEATRE DISTRICT TO THE DEFINITION OF "CENTRAL BUSINESS DISTRICT" AND PROHIBIT
13 SKATEBOARDING THEREIN; AND PROVIDING THAT ANY ADDITIONAL
14 PROHIBITED AREAS BE DESIGNATED BY ORDINANCE
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17 WHEREAS, the City of Petaluma is empowered through its City Charter and under the
18 police power granted to it to regulate to preserve the health, safety and welfare of its citizens;
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21 WHEREAS, Chapter 11.76 of the Petaluma Municipal Code was adopted to provide
22 reasonable regulation of the use of skateboards in certain areas of City; and,
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24 WHEREAS, Section 1 1.76.020 of the Petaluma Municipal Code defines the boundaries of
25 the "Central Business District" and prohibits skateboarding therein; and,
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27 WHEREAS, the Theatre District is located in downtown Petaluma and is functionally part of
28 the City's central business district; and,
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30 WHEREAS, citizens, visitors and business owners in the area of the Theatre District have
31 advised the City Police Department that uncontrolled skateboarding occurring in and around
32 the Theatre District has created a deterrent to potential customers, interfered with pedestrian
33 traffic and created a safety hazard; and,
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35 WHEREAS, after review and investigation of these complaints, the Petaluma Police
36 Department has determined that uncontrolled skateboarding occurring in and around the
37 Theatre District area has created a deterrent to potential customers, has interfered with
38 pedestrian traffic and created a safety hazard; and,
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40 WHEREAS, the Petaluma Police Department recommends that skateboard use be
41 prohibited in the Petaluma Theatre District.
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Ordinance No. 2283 N.C.S. Page i
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Recitals Made Findings. The above recitals are hereby declared to be
true and correct and findings of the City Council of the City of Petaluma.
Section 2. Chapter 1 1.76, Section 1 1.76.020 entitled, "Prohibitions on the use of
skateboards" of the Petaluma Municipal Code is hereby repealed, and the following Section
1 1.76.020 is hereby adopted and added to Chapter 11.76 of the Petaluma Municipal Code to
read as follows:
CHAPTER 11.76
SKATEBOARDS
11.76.020 Prohibitions on the use of skateboards.
It is unlawful for any person to skate, or use, or ride any skateboard or similar device in,
on, or over any public street, bridge, underpass, sidewalk, sidewalk space, park, public
pedestrian walkway, publicly owned building or publicly owned parking facility in the central
business district, or in those shopping centers and/or additional areas within the city limits as
defined and listed herein or as subsequently designated by resolution of the City Council upon
recommendation of the Police Department.
A. The term "central business district" means that area within and including the following
boundaries:
Washington Street from and including its intersection with Keller Street to
and including its intersection with Water Street; Water Street from and
including its intersection with Washington Street to and including its
intersection with Western Avenue (north side of Petaluma Mill); Western
Avenue from and including its intersection with Water Street to and
including its intersection with Petaluma Boulevard; Petaluma Boulevard
from and including its intersection with Western Avenue to and including
its intersection with "B" Street; "B" Street from and including its intersection
with Petaluma Boulevard to and including its intersection with 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.
Ordinance No. 2283 N.C.S.
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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:
Adobe Creek Center (Starbucks) - Fast Map Page 30 J-6
3100 and 3120 Lakeville Highway (SR 1 16)
Arroyo Center - Fast Map Page 29 1-6
1310, 1410, and 1420 McDowell Blvd South and all designated suites.
Country West (Orchard Supply)- Fast Map Page 22 B-6
1390 McDowell Blvd North and all designated suites.
Gateway Center (Albertson's) - Fast Map Page 37 H-8
905, 911, 913, 915, 917, 921, 925, 929, 933, 937, 951, 953, 955, 957, 959, 961,
963, 965, 981, 939 Lakeville Street
Golden Eagle - Fast Map Page 36 G-8
2, 4, 6, 8, 10, 12, 14, 20, 24, 26, 30, 32, 36, 38, 44, 50, 54, 56, 58, 60, 64, 68, 70,
72, 74, 80 East Washington Street
Great Petaluma Mill - Fast Map Page 36 G-9
6 Petaluma Blvd South and all designated suites.
Lakeville Center (Longs) - Fast Map Page 36 G-8
351, 353, 355, 359, 361, 365 East Washington Street
Parkway Plaza (G&G) - Fast Map Page 13 D-4
701 Sonoma Mountain Parkway and all designated suites.
Petaluma Town Plaza (FedEx Kinkos) - Fast Map Page 27 G-7
901 East Washington Street and all designated suites.
Plaza (Trader Joe's) - Fast Map Page 26 F-6
101, 103, 105, 109, 113, 117, 121, 123, 125, 127, 131, 133, 141, 151, 157, 165,
169, 171, 173, 175, 177, 179, 181 McDowell Blvd North
Plaza North (Longs) - Fast Map Page 26 F-6
201, 203, 205, 21 1, 221, 223, 225, 229, 231, 241, 243, 245, 247, 249, 251, 253,
255, 257, 259, 261, 271, 273, 275, 277, 279, 281, 283, 285, 287, 289, 291, 295,
297, 299, 301, 311, 313 McDowell Blvd North
Redwood Gateway (Kohl's) - Fast Map Page 22 B-6
1351, 1355, 1359, 1363, 1367, 1371 McDowell Blvd North
Town and Country (Albertson's) - Fast Map Page 34 E-8
1000, 1010, 1024, 1030, 1050, 1060, 1070 Petaluma Blvd North
Ordinance No. 2283 N.C.S.
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Washington Square (Safeway) - Fast Map Page 27 G-6
203, 205, 207, 301, 333, 337, 339, 341, 343, 345, 347, 349, 351, 353, 357, 359,
363, 365, 367, 369, 373, 375, 377, 379, 381, 383, 385, 389 McDowell Blvd
South, and 1420, 1422, 1424, 1426, 1430 East Washington Street
Additional shopping centers or prohibited areas as subsequently designated by
ordinance of the City Council upon recommendation of the Police Department.
Section 3. CEQA.
The City Council finds that adoption of this ordinance is exempt from the California
Environmental Quality Act ("CEQA"), 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. Severability.
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 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.
INTRODUCED AND ORDERED POSTED/€U BL4SHED THIS 61h day of August, 2007.
ADOPTED THIS 10'h day of September, 2007, by the following vote:
AYES: Barrett, Freitas, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt
NOES: None
ABSENT: Harris
ABSTAIN: None
Ordinance No. 2283 N.C.S.
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ATTEST:
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerri Eric W. Danly, Cit ttorney
Ordinance No. 2283 N.C.S.
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