HomeMy WebLinkAboutOrdinance 2283 N.C.S. 09/10/2007 EFFECTIVE DATE ORDINANCE NO. 2283 N.C.S.
OF ORDINANCE
®ctober 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 1 1.76 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
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2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
3 FoLl.ows:
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5 Section 1. Recitals Made Findings. The above recitals are hereby declared to be
6 true and correct and findings of the City Council of the City of Petaluma.
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9 Section 2. Chapter 1 1.76, Section 1 1.76.020 entitled, "Prohibitions on the use of
10 skateboards" of the Petaluma Municipal Code is hereby repealed, and the following Section
11 1 l .76.020 is hereby adopted and added to Chapter 1 1.76 of the Petaluma Municipal Code to
12 read as follows:
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15 CHAPTER 11.76
16 SKATEBOARDS
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19 11.76.020 Prohibitions on the use of skateboards.
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21 It is unlawful for any person to skate, or use, or ride any skateboard or similar device in,
22 on, or over any public street, bridge, underpass, sidewalk, sidewalk space, park, public
23 pedestrian walkway, publicly owned building or publicly owned parking facility in the central
. 24 business district, or in those shopping centers and/or additional areas within the city limits as
25 defined and listed herein or as subsequently designated by resolution of the City Council upon
26 .recommendation of the Police Department.
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28 A. The term "central business district" means that area within and including the following
29 boundaries:
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31 Washington Street from and including its intersection with Keller Street to
32 and including its intersection with Water Street; Water Street from and
33 including its intersection with Washington Street to and including its
34 intersection with Western Avenue (north side of Petaluma Mill); Western
35 Avenue from and including its intersection with Water Street to and
36 including its intersection with Petaluma Boulevard; Petaluma Boulevard
37 from and including its intersection with Western Avenue to and including
38 its intersection with "B" Street; "B" Street from and including its intersection
39 with Petaluma Boulevard to and including its intersection with Second
40 Street; Second Street from and including its intersection with "B" Street to
41 and including its intersection with "C" Street; "C" Street from and including
42 its intersection with Second Street to and including its termination point
43 adjacent to the Petaluma River; First Street from and including its
44 intersection with "C" street to and including its intersection with "D" Street;
45 "D" Street from and including its intersection with First Street to and
46 including its intersection with Fourth Street; Fourth Street from and
47 including its intersection with "D" Street to and including its intersection
48 with "B" Street; "B" Street from and including its intersection with Fourth
49 Street to and including its intersection with Fifth Street; Keller Street from
50 and including its intersection with "B" Street to and including its
51 intersection with Washington Street.
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Ordinance No. 2283 N.C.S. Page 2
1 B. Shopping centers included herein shall have the meaning given to shopping centers
2 in Section I-203, "Shopping Center", of Petaluma Zoning Ordinance No. 1072 N.C.S.,
3 or as subsequently amended.: "Any combination of five or more separately owned
4 and operated retail businesses on a single or commonly owned or leased parcel of
5 land, or a commercial use or commercial complex occupying a site of at least two
6 acres." Shopping centers subject to this Chapter are listed as follows:
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8 Adobe Creek Center Ltarbucks) -Fast Map Paae 30 J-6
9 3100 and 3120 Lakeville Highway (SR 1 16)
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11 Arroyo Center -Fast Map Paae 29 I-b
12 1310, 1410, and 1420 McDowell Blvd South and all designated suites.
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14 Country West (Orchard Supply)- Fast Map Paae 22 B-b
15 1390 McDowell Blvd North and all designated suites.
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17 Gateway Center (Albertson's) -Fast Map Paae 37 H-8
18 905, 91 1, 913, 915, 917, 921, 925, 929, 933, 937, 951, 953, 955, 957, 959, 961,
19 963, 965, 981, 939 Lakeville Street
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21 Golden Eaale -Fast Map Paae 36 G-8
22 2, 4, 6, 8, 10, 12, 14, 20, 24, 26, 30, 32, 36, 38, 44, 50, 54, 56, 58, 60, 64, 68, 70,
23 72, 74, 80 East Washington Street
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25 Great Petaluma Mill -Fast Map Paae 36 G-9
26 6 Petaluma Blvd South and all designated suites.
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28 Lakeville Center (Longs -Fast Map Paae 36 G-8
29 351, 353, 355, 359, 361, 365 East Washington Street
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31 Parkway Plaza (G&G) -Fast Map Paae 13 D-4
32 701 Sonoma Mountain Parkway and all designated suites.
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34 Petaluma Town Plaza (FedEx Kinkos) -Fast Map Paae 27 G-7
35 901 East Washington Street and all designated suites.
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37 Plaza (Trader Joe's) -Fast Map Paae 26 F-6
38 1 O l , 103, 105, 109, 1 13, 1 17, 121, 123, 125, 127, 131, 133, 141, 151, 157, 165,
39 169, 171, 173, 175, 177, T79, 181 McDowell Blvd North
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41 Plaza North (Long) -Fast Map Paae 26 F-6
42 201, 203, 205, 21 1, 221, 223, 225, 229, 231, 241, 243, 245, 247, 249, 251, , 253,
43 255, 257, 259, 261, 271, 273, 275, 277, 279, 281, 283, 285, 287, 289, 291, 295,
44 297, 299, 301, 31 1, 313 McDowell Blvd North
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46 Redwood Gateway Lohl's) -Fast Map Page 22 B-b
47 1351, 1355, 1359, 1363, 1367, 1371 McDowell Blvd North
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49 Town and Country (Albertson's) -Fast Map Paae 34 E-8
50 1000, 1010, 1024, 1030, 1050, 1060, 1070 Petaluma Blvd North
Ordinance No. 2283 N.C.S. Page 3
1 Washington Square (Safeway) -Fast Map Page 27 G-b
2 203, 205, 207, 301, 333, 337, 339, 341, 343, 345., 347, 349, 351, 353, 357, 359,
3 363, 365, 367, 369, 373, 375, 377, 379, 381, 383, 385, 389 McDowell Blvd
4 South, and 1420, 1422, 1424, 1426, 1430 East Washington Street
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6 Additional shopping centers or prohibited areas as subsequently designated by
7 ordinance of the City Council upon recommendation of the Police Department.
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10 Section 3. CEQA.
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12 The City Council finds that adoption of this ordinance is exempt from the California
13 Environmental Quality Act ("CEQA"), pursuant to Sections 15061(6) (3) (no possibility that the
14 activity may have a significant impact on the environment) and 15060(c) (3) (the activity is not a
15 project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California
16 Code of Regulations).
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19 Section 4. Severability.
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21 If any provision of this ordinance or the application thereof to any person or
22 circumstance is held invalid, the remainder of the ordinance, including the application of such
23 part or provision to other persons or circumstances shall not be affected thereby and shall
24 continue in full force and effect. To this end, provisions of this ordinance are severable. The City
25 Council hereby declares that it would have passed each section, subsection, subdivision,
26 paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more
27 sections, subsections, subdivisions, paragraphs, sentences, clauses, or .phrases be held
28 unconstitutional, invalid, or unenforceable.
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30 Section 5. Effective Date.
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32 This ordinance shall become effective thirty (30) days after the date of its adoption by
33 the Petaluma City Council.
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35 Section b. Publication.
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37 The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it
38 for the period and in the manner required by the City Charter.
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41 INTRODUCED AND ORDERED POSTED/4S~B THIS b'h day of August, 2007.
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43 ADOPTED THIS 10'h day of September, 2007, by the following voter
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46 AYES: Barrett, Freitas, Vice Mayor Nau, O'Brien, Babbitt, Mayor Torliatt
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48 NOES: None
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50 ABSENT: Harris
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52 ABSTAIN: None
Ordinance No. 2283 N.C.S. Page 4
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7 Pamela Torliatt, ayor
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11 ATTEST: APPROVED AS TO FORM:
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18 Claire Cooper, CMC, City Cler Eric W. Danly, Cit ttorney
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Ordinance No. 2283 N.C,S. Page 5