HomeMy WebLinkAboutOrdinance 2270 N.C.S. 06/18/2007 EFFECTIVE DATE ORDINANCE NO. 2270 N.C.S.
®F ORDINANCE
July 18, 2007
1 Introduced by Seconded by
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5 Mike O'Brien Teresa Barrett
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10 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AUTHORIZING THE ADDITION
11 OF PARKWAY PLAZA AND GATEWAY SHOPPING CENTER TO AND THE REMOVAL OF
12 HAGSTROM'S FROM PMC 11.76.0206 (PETALUMA MUNICIPAL CODE PROHIBITING
13 SKATEBOARDING IN SPECIFICALLY LISTED SHOPPING CENTERS AND AMENDING CHAPTER
14 11.76 RELATING TO THE ADDITION OF FUTURE SHOPPING CENTERS TO THE CHAPTER
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16 WHEREAS, owners of the Parkway Plaza and Gateway Shopping Centers have advised
17 the City Police Department that uncontrolled skateboarding occurring at their properties has
18 created a deterrent to potential customers and created a safety hazard; and
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20 WHEREAS, the City of Petaluma is empowered through its City Charter and under the
21 police power granted to it to regulate to preserve the health, safety and welfare of its citizens;
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24 WHEREAS, Chapter 1 1.76 of the Petaluma Municipal Code was adopted to provide
25 reasonable regulation of the use of skateboards in certain areas of City; and
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27 WHEREAS, Section 1 1.76.020 of the Petaluma Municipal Code contains a list of shopping
28 centers in the City where skateboarding is prohibited.
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31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
32 FOLLOWS:
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34 Section 1. Recitals Made Findings. The above recitals are hereby declared to be
35 true and correct and findings of the City Council of the City of Petaluma.
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38 Section 2. Chapter 1 1.76, entitled, "Skateboards," of the Petaluma Municipal Code is
39 hereby repealed, and the following Chapter 1 1.76 is added to the Petaluma Municipal Code to
40 read as follows:
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Ordinance No. 2270 N.C.S. Page 1
1 CHAPTER 11.76
2 SKATEBOARDS
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4 1 1.76.010 Restrictions on use of skateboards.
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6 It is unlawful for any person to skate, or use, or ride any skateboard or other similar device
7 in, on or over any public streets, bridge, underpass, sidewalk, sidewalk space, park, public
8 pedestrian walkway, publicly owned building, or publicly owned parking facility within the city
9 limits, in violation of the following restrictions:
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11 A. Such use shall not occur after sunset of one day and before sunrise of the following
12 day, unless the user is wearing reflective material;
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14 B. No person shall ride a skateboard on the roadway portion of a street; provided,
15 however, that a person may ride a skateboard on the roadway portion of a street as
16 far to the left of the roadway as practicable, if the street has no sidewalk or any other
17 public way for use of pedestrians which can be used by persons riding skateboards
18 and if the person riding the skateboard would not interfere with the normal flow of
19 traffic on the street;
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21 C. No person riding a skateboard shall attach the same or himself or herself to any other
22 vehicle:
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24 D. Persons riding skateboards shall yield the right-of-way to all motor vehicles and
25 pedestrians;
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27 E. No person shall ride a skateboard in, on or over a publicly owned building or publicly
28 owned parking facility.
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30 1 1.76.020 Prohibitions on the use of skateboards.
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32 It is unlawful for any person to skate, or use, or ride any skateboard or similar device in,
33 on, or over any public street, bridge, underpass, sidewalk, sidewalk space, park, public
34 pedestrian walkway, publicly owned building or publicly owned parking facility in the central
35 business district, or in those shopping centers andlor additional areas within the city limits as
36 defined and listed herein or as subsequently designated by resolution of the City Council upon
37 recommendation of the Police Department.
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39 A. The term "central business district" means that area within and including the following
40 boundaries:
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42 Washington Street from and including its intersection with Keller Street to
43 and including its intersection with Water Street; Water Street from and
44 including its intersection with Washington Street to and including its
45 intersection with Western Avenue (north side of Petaluma Mill); Western
46 Avenue from and including its intersection with Water Street to and
47 including its intersection with Petaluma Boulevard; Petaluma Boulevard
48 from and including its intersection with Western Avenue to and including
49 its intersection with "D" Street; "D" Street from and including its intersection
50 with Petaluma Boulevard to and including its intersection with Fourth
51 Street; Fourth Street from and including its intersection with "D" Street to
52 and including its intersection with "B" Street; "B" Street from and including
Ordinance No. 2270 N.C.S. Page 2
1 its intersection with Fifth Street to and including its intersection with Second
2 Street; Keller Street from and including its intersection with "B" Street to
3 and including its intersection with Washington Street.
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5 6. Shopping centers included herein shall have the meaning given. to shopping centers
6 in Section I-203, "Shopping Center", of Petaluma Zoning Ordinance No. 1072 N.C.S.,
7 or as subsequently amended: "Any combination of five or more separately owned
8 and operated retail businesses on a single or commonly owned or leased parcel of
9 land, or a commercial use or commercial complex occupying a site of at least two
10 acres." Shopping centers subject to this Chapter are listed as follows:
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12 Great Mill
13 Golden Eagle
14 Petaluma Plaza
15 Washington Square
16 Payless
17 Petaluma Plaza North
18 Town and County
19 Gateway Shopping Center
20 Parkway Plaza Shopping Center
21 Additional shopping centers or prohibited areas as subsequently designated by
22 resolution of the City Council upon recommendation of the Police Department.
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26 11.76.030 Further prohibition 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,
29 in, on, or over any publicly owned building, or publicly owned property or publicly owned facility
30 within the city limits, when such building, property or facility is posted with appropriate signs
31 prohibiting such use. The posting of such signs shall be first approved by resolution of the city
32 council. Additional shopping centers or prohibited areas may be added to this ordinance as
33 subsequently designated by resolution of the City Council upon recommendation of the Police
34 Department.
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37 1 1.76.040 Penalty for violation.
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39 Violations of this chapter may be enforced by any applicable laws or ordinances;
40 including, but not limited to, Chapter 1.10 of this code.
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42 1 1.76.050 Protective equipment required while using a city of Petaluma skate park
43 facility.
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45 No person shall use a city of Petaluma skate park facility who is not wearing a helmet,
46 knee pads, and elbow pads suitable to provide protection in the event of falls or collisions. A first
47 violation of this section shall constitute an infraction. Subsequent violations may constitute an
48 infraction or a misdemeanor pursuant to Chapter l .l 0 of this code.
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Ordinance No. 2270 N.C.S. Page 3
1 1 1.76.060 No riding on flood wall.
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3 No person shall ride any skateboard or similar device on top of the concrete cap on the
4 flood wall in the Payran Street area adjacent to the Petaluma River, specifically from four
5 hundred feet downstream of the Lakeville Street Bridge to six hundred feet upstream of the
6 Payran Street Bridge; and adjacent to Washington Creek from the confluence of the Petaluma
7 River and Washington Creek to the Holly Lane Bridge over Washington Creek.
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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 6. 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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42 INTRODUCED AND ORDERED POSTED/P1R1~ THIS 4'h day of June, 2007.
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44 ADOPTED THIS 18'" day of June, 2007, by the following vote:
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47 AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Babbitt, Mayor Torliatt
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49 NOES: None
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51 ABSENT: None
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Ordinance No. 2270 N.C.S. Page 4
1 ABSTAIN: None _
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8 .Pam la Torliatt, ayor ~ ~ _ ~ -
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12 ATTEST: APPROVED AS TO FORM:
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19 Claire Cooper, CMC, City Clerk Eric W. Danly, Cit Attorney
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