Ordinance No. XX- 2022 Page 1 of 3 DRAFT
ORDINANCE NO. XX-2022
AN ORDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CO DE TITLE 12, STREETS,
SIDEWALKS AND PUBLIC PROPERTY, CHAPTER 12.20
PARKS AND RECREATION AREAS, SECTION 12.20.060
PROHIBITED CONDUCT G ENERALLY, REGARDING
DRONES IN PARKS AND RECREATION AREAS
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC § 12.20.060 AMENDED
Fremont Municipal Code Title 12, Chapter 12.20, Section 12.20.060 is amended to read as follows:
Sec. 12.20.060 Prohibited conduct generally.
Within the limits of any public park or recreation area of the city of Fremont, no person shall:
{Subsections (a) through (x) remain unchanged}
(y) No person shall lLaunch, land, fly, or operate a drone within any park or recreation area or within the 400 feet above any park or recreation area. This subsection shall not apply to an emergency landing by a drone within any park or recreation area. The owner or operator of the drone has the burden of demonstrating, to the satisfaction of the Community Services Director, that a real emergency existed that justified the landing.
(z) Engage in any activity, or operate, where permitted or authorized in any park or recreation area, any device, drone, motorized device, motor vehicle, vessel, model craft, electric bicycle, bicycle or cycle of any type or design in such a manner that endangers any person, wildlife, or property or that is negligent, reckless, or with willful or intentional disregard for the environment, or the health, safety, or welfare of any wildlife, person or property.
SECTION 2. CEQA
The City Council finds this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA),without limitation, based upon the following sections of Title 14 of the California Code of Regulations, each serving as a separate and independent basis:
(1)
CEQA Guidelines Section 15061(b)(3), in that the ordinance does not have the potential to Ordinance No. XX- 2022 Page 2 of 3 cause a significant effect on the environment, and is not subject to CEQA review; (2) CEQA Guidelines Section 15378(b)(2) and/or (5), as the ordinance involves and administrative activity of a governmental agency that does not have the potential to cause a significant physical effect on the environment, directly or indirectly, and/or (3) CEQA Guidelines Sections 15307 and/or 15308 as an action by the City for the protection of birds and other wildlife and other natural resources and the environment in City parks.
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 5. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause the ordinance to be published again with the names of those City Council members voting for and against the ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
* * *
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of ______, and finally adopted at a regular meeting of the City Council held on the ____ day of _______, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ordinance No. XX- 2022 Page 3 of 3
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney