HomeMy WebLinkAboutOrdinance 2270 N.C.S. 06/18/20071
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EFFECTIVE DATE ORDINANCE NO. 2270 N.C.S.
OF ORDINANCE
July 18, 2007
Introduced by Seconded by
Mike O'Brien Teresa Barrett
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AUTHORIZING THE ADDITION
OF PARKWAY PLAZA AND GATEWAY SHOPPING CENTER TO AND THE REMOVAL OF
HAGSTROM'S FROM PMC 11.76.020B (PETALUMA MUNICIPAL CODE PROHIBITING
SKATEBOARDING IN SPECIFICALLY LISTED SHOPPING CENTERS AND AMENDING CHAPTER
11.76 RELATING TO THE ADDITION OF FUTURE SHOPPING CENTERS TO THE CHAPTER
WHEREAS, owners of the Parkway Plaza and Gateway Shopping Centers have advised
the City Police Department that uncontrolled skateboarding occurring at their properties has
created a deterrent to potential customers and created a safety hazard; and
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 1 1.76.020 of the Petaluma Municipal Code contains a list of shopping
centers in the City where skateboarding is prohibited.
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, entitled, "Skateboards," of the Petaluma Municipal Code is
hereby repealed, and the following Chapter 11.76 is added to the Petaluma Municipal Code to
read as follows:
Ordinance No. 2270 N.C.S. Page 1
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CHAPTER 11.76
SKATEBOARDS
1 1.76.010 Restrictions on use of skateboards.
It is unlawful for any person to skate, or use, or ride any skateboard or other similar device
in, on or over any public streets, bridge, underpass, sidewalk, sidewalk space, park, public
pedestrian walkway, publicly owned building, or publicly owned parking facility within the city
limits, in violation of the following restrictions:
A. Such use shall not occur after sunset of one day and before sunrise of the following
day, unless the user is wearing reflective material;
B. No person shall ride a skateboard on the roadway portion of a street; provided,
however, that a person may ride a skateboard on the roadway portion of a street as
for to the left of the roadway as practicable, if the street has no sidewalk or any other
public way for use of pedestrians which can be used by persons riding skateboards
and if the person riding the skateboard would not interfere with the normal flow of
traffic on the street,
C. No person riding a skateboard shall attach the same or himself or herself to any other
vehicle,-
D. Persons riding skateboards shall yield the right-of-way to all motor vehicles and
pedestrians;
E. No person shall ride a skateboard in, on or over a publicly owned building or publicly
owned parking facility.
1 1.76.020 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 "Y Street; "Y Street from and including its intersection
with Petaluma Boulevard to and including its intersection with Fourth
Street; Fourth Street from and including its intersection with "Y Street to
and including its intersection with "B" Street; "B" Street from and including
Ordinance No. 2270 N.C.S.
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its intersection with Fifth Street to and including its intersection with Second
Street; Keller Street from and including its intersection with "B" Street to
and including its intersection with Washington Street.
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 Mill
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
resolution of the City Council upon recommendation of the Police Department.
11.76.030 Further prohibition 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 publicly owned building, or publicly owned property or publicly owned facility
within the city limits, when such building, property or facility is posted with appropriate signs
prohibiting such use. The posting of such signs shall be first approved by resolution of the city
council. Additional shopping centers or prohibited areas may be added to this ordinance as
subsequently designated by resolution of the City Council upon recommendation of the Police
Department.
1 1.76.040 Penalty for violation.
Violations of this chapter may be enforced by any applicable laws or ordinances;
including, but not limited to, Chapter 1.10 of this code.
1 1.76.050 Protective equipment required while using a city of Petaluma skate park
facility.
No person shall use a city of Petaluma skate park facility who is not wearing a helmet,
knee pads, and elbow pads suitable to provide protection in the event of falls or collisions. A first
violation of this section shall constitute an infraction. Subsequent violations may constitute an
infraction or a misdemeanor pursuant to Chapter 1.10 of this code.
Ordinance No. 2270 N.C.S. Page 3
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1 1.76.060 No riding on flood wall.
No person shall ride any skateboard or similar device on top of the concrete cap on the
flood wall in the Payran Street area adjacent to the Petaluma River, specifically from four
hundred feet downstream of the Lakeville Street Bridge to six hundred feet upstream of the
Payran Street Bridge; and adjacent to Washington Creek from the confluence of the Petaluma
River and Washington Creek to the Holly Lane Bridge over Washington Creek.
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/PUBLISHED THIS 4th day of June, 2007.
ADOPTED THIS 18'h day of June, 2007, by the following vote:
AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt
NOES: None
ABSENT: None
Ordinance No. 2270 N.C.S.
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ABSTAIN
ATTEST:
None
@'LOJAIQL�
Claire Cooper, CMC, City Clerk
Pam la Torliatt, ayor
APPROVED AS TO FORM:
Eric W. Danly, Cit Attorney
Ordinance No. 2270 N.C.S.
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