HomeMy WebLinkAboutOrdinance 2121 N.C.S. 09/24/2001 1 ~ y.
2 OCT 3 ~ ®RDINANCE N®. 21 21 N.C.S.
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6 Introduced by Seconded by
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8 Janice Cader-Thompson Pamela Torliatt
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12 AN ORDINANCE OF THE COUNCIL OF TIIE CITY OF PETALUMA
13 AMENDING CIIAPTER 11.36 PEDESTRIANS; CHAPTER 11.72 BICYCLES;
14 AND CIIAPTER 11.76 SKATEBOARDS; AND ADDING CHAPTER 11.77
15 MISCELLANEOUS WHEELED DEVICES; TO PROMOTE PUBLIC
16 SAFETY AND NEIGHBORHOOD PROTECTION BY PROHIBITING
17 PEDESTRIANS AND WIIEELED DEVICES FROM UTILIZING THE
18 CONCRETE CAP ON TOP OF THE FLOOD WALL CONSTRUCTED AS
19 PART OF TIIE CORPS OF ENGINEERS' PAYRAN REAC>EI PRO.IECT
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22 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
23 FOLLOWS:
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25 Section 1. Chapter 11.36 of the Petaluma Municipal Code is hereby amended by
26 modifying section 11.36.050 as follows:
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28 11.36.050 -Persons not to use drainage facilities.
29 No person shall walk in, ride in, or enter into, either on foot or by means of any vehicle,
30 any drainage channel, ditch, culvert, undercrossing or other drainage or sewer facility, or the
31 right-of--way therefor, unless the same is designated by the public or private owner therefor as
32 available for public use or occupancy. No person shall walk on, ride on, or enter onto, either on
33 foot or by means of any vehicle or wheeled device, the top of the concrete cap on the flood wall
34 in the Payran Street area adjacent to the Petaluma River, specifically from 400 feet downstream
35 of the Lakeville Street Bridge to 600 feet upstream of the Payran Street Bridge; and adjacent to
36 Washington Creek from the confluence of the Petaluma River and Washington Creek to the
37 Holly Lane Bridge over Washington Creek. Nothing in this section shall prohibit entry of such
38 facilities by the owner therefor any person designated by the owner or a person responsible for
Ord. 2121 NCS Page 1 of 3
1 maintenance and operation thereof, for purpose of maintenance, repair or other necessary
2 operation of said facility. (Ord. 1277 NCS §1, 1978.)
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4 Section 2. Chapter 11.72 of the Petaluma Municipal Code is hereby amended by adding
5 section 11.72.481 as follows:
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7 11.72.481 - No riding on flood wall.
8 No person shall ride or operate any bicycle on top of the concrete cap on the flood wall in
9 the Payran Street area adjacent to the Petaluma River, specifically from 400 feet downstream of
10 the Lakeville Street Bridge to 600 feet upstream of the Payran Street Bridge; and adjacent to
11 Washington Creek from the confluence of the Petaluma River and Washington Creek to the
12 Holly Lane Bridge over Washington Creek.
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14 Section 3. Chapter 11.76 of the Petaluma Municipal Code is hereby amended by adding
15 section 11.76.050 as follows:
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17 11.76.050 - No riding on flood wall.
1.8 No person shall ride any skateboard or similar device on top of the concrete cap on the
19 flood wall in the Payran Street area adjacent to the Petaluma River, specifically from 400 feet
20 downstream of the Lakeville Street Bridge to 600 feet upstream of the Payran Street Bridge; and
21 adjacent to Washington Creek from the confluence of the Petaluma River and Washington Creek
22 to the Holly Lane Bridge over Washington Creek.
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24 Section 4. The Petaluma Municipal Code is hereby amended by adding Chapter 11.77 as
25 follows:
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27 CHAPTER 11.77 -MISCELLANEOUS WHEELED DEVICES
28 11.77.010 - Defuutions.
29 The following definitions shall apply to the provisions of this chapter:
30 A. "Wheeled device" means any device, whether motorized or push-powered, which
31 utilizes wheels and is designed for or used to carry or move people, including, but
32 not limited to, roller-skates, roller-blades, carts, and wagons.
Ord 2121 NCS Page 2 of 3
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1 11.77.020 -Prohibitions.
2 No person shall ride or operate any wheeled device on top of the concrete cap on the
3 flood wall in the Payran Street area adjacent to the Petaluma River, specifically from 400 feet
4 downstream of the Lakeville Street Bridge to 600 feet upstream of the Payran Street Bridge; and
5 adjacent to Washington Creek from the confluence of the Petaluma River and Washington Creek
6 to the Holly Lane Bridge over Washington Creek.
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8 Section 5. Severability. If any section, subsection, sentence, clause or phrase or word of
9 this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
10 court of competent jurisdiction, such decision shall not affect the validity of the remaining
11 portions of this ordinance. The City Council of the City of Petaluma hereby declares that it
12 would have passed and adopted this ordinance and each and all provisions thereof irrespective of
13 the fact that any one or more of said provisions be declared unconstitutional, unlawful or
14 otherwise invalid.
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16 Section 6. The City Clerk is hereby directed to post and/or publish this ordinance for the
17 period and in the manner required by the City Charter.
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19 INTRODUCED and ordered postedlpublished this 24th day of September , 2001.
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21 ADOPTED this 1st day of October , 2001 by the following vote:
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23 AyES:O'Brien,Healy,Torliatt,Maguire,Moynihan, Vice Mayor Cader-Thompson
Mayor Thompson
24 NOES: None
25 ABSENT: None
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27 Mayor
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29 ATTEST: ~ S TO FORM:
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33 City Clerk Ci tto
34 Clerk Ord
35 9r~bioi (~k)
Ord . 21-21 NCS Page 3 of 3