CITY MANAGER' S REPORT ITEM 5. 5
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER AN ORDINANCE AMENDING TITLE 12
STREETS, SIDEWALKS, AND PUBLIC SPACES",
CHAPTER 12. 20 PARKS", SECTION 12. 20. 010
CONDUCT IN CITY PARKS — PROHIBITED
ACTIONS", PART Q" TO DEFINE PARK HOURS
MORE SPECIFICALLY.
RECOMMENDATION: City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance
Amending Title 12, Streets, Sidewalks, and
Public Spaces", Chapter 12. 20 Parks",
Sections 12. 20.010 " Conduct in City Parks —
Prohibited Actions", Part Q" to Define Park
Hours More Specifically
SUMMARY:
The proposed Ordinance would amend the Lathrop Municipal Code to better specify park hours from the current Dawn to Dusk to 6: OOa. m. to 8: 30p. m. April through September; and 6: OOa. m. to 6: OOp. m. October through March.
This proposed amendment to the Lathrop Municipal Code section 12. 20. 010 part Q" is intended to assist with the safekeeping of City property with better defined park and open space hours which will deter vandalism and unauthorized access.
BACKGROUND:
The Lathrop Municipal Code Title 12, Section 12. 20. 010 part Q" currently defines park operating hours as Dawn to Dusk. The proposed Ordinance would amend the Lathrop Municipal Code to better specify park hours from the current Dawn to Dusk to 6: OOa. m. to 8: 30p. m. April through September; and 6: OOa. m. to 6: OOp. m.
October through March.
REASON FOR RECOMMENDATION:
The current dawn to dusk schedule creates a debatable time frame for permitted use of parks. The proposed revision to specify park hours allows for a more enforceable time frame.
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 12 STREETS, SIDEWALKS, AND PUBLIC SPACES", CHAPTER 12. 20 PARKS", SECTION 12. 20. 010 CONDUCT IN CITY PARKS - PROHIBITED ACTIONS", PART Q" TO DEFINE PARK HOURS MORE
SPECIFICALLY.
FISCAL IMPACT:
None
ATTACH M ENTS:
A. An Ordinance of the City Council of the City of Lathrop Amending the Lathrop Municipal Code Section 12. 20. 010 Entitled Conduct in city parks - Prohibited actions", amending Section " Q" to better specify park hours.
B. Current Park Ordinance.
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 12 STREETS, SIDEWALKS, AND PUBLIC SPACES", CHAPTER 12. 20 PARKS", SECTION 12. 20. 010 CONDUCT IN CITY PARKS — PROHIBITED ACTIONS", PART Q" TO DEFINE PARK HOURS MORE
SPECIFICALLY.
APPROVALS:
10• 31' ZI
Tod Se sti n Date
Director of Parks, Recreation and
Maintenance Services
ll Zo
M rk eis er Date
Directo o Com unity Development
l l o,,.
Cari James Date
Director of Finance
L
2- 2022
Michael King Date
Assistant City Manager
3 -- zoti i
Salvador Navarrete Date
City Attorney
l• 8• Lz
S phen J. Salvatore Date
City Manager
ATTACHMENT A
ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP MUNICIPAL CODE TITLE 12 STREETS, SIDEWALKS, AND PUBLIC SPACES", CHAPTER 12. 20 ENTITLED PARKS", SECTION 12. 20. 010 ENTITLED CONDUCT IN CITY PARKS - PROHIBITED ACTIONS", PART " Q"
TO DEFINE PARK HOURS MORE SPECIFICALLY
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on November 14, 2022 to introduce, review and consider this Ordinance; and
WHEREAS, the proposed municipal code text amendment is citywide and affects all City parks; and
WHEREAS, the City Council desires to amend its park hours to assist with the safekeeping of City property; and
WHEREAS, it is appropriate to amend Lathrop Municipal Code section
12. 20. 010 part Q" to define park hours from " dawn to dusk" to " 6: OOa. m. to 8: 30p. m. April through September; and 6: OOa. m. to 6: OOp. m. October through March"; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 12. 20 of the Lathrop Municipal Code entitled Parks" is amended as follows:
A. Section 12. 20. 010 entitled Conduct in city parks - Prohibited actions", part Q" is amended as follows:
To loiter or remain in any park ( including the parking areas) while not using the park areas or to loiter or remain in any park outside of operating hours, which are t- d- I 6: OOa. m. to 8: 30p. m. April through September; and 6: OOa. m. to 6: OOp. m.
October through March; unless otherwise permitted by the city;" Section 2. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the City so as to provide a basis of civic liability for damages, except as otherwise imposed by law.
Ordinance No. 22- Page 1 of 3
ATTACHMENT A
Section 3. Severabilitv. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council herby declares that it would gave passed each section subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
Ordinance No. 22- Page 2 of 3
ATTACHMENT A
THIS ORDINANCE was regularly introduced at a Regular Meeting of the City Council of the City of Lathrop on the 14t" day of November, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on day of by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO ORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22- Page 3 of 3
Attachment B
Lathrop, California Municipai Code
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12. 20 PARKS
12. 20.010 Conduct in city parks—Prohibited actions.
The following activities are prohibited:
A. To enter or trespass any area, building, park, or facility which is fenced and locked or enclosed and locked;
B. To ride or bring any horse or similar animal, or to propel a vehicle in or upon any area of any park, except those areas designated by the city to do so; C. To drive any unauthorized vehicle in a park;
D. To fail to clean- up after your pets in any park or to have a dog in any park not fastened to a leash unless the facility has been designated as a dog park; E. To operate a gasoline powered go- cart or midget car within a park without prior written permission from the city;
F. To clean, wash, polish or do anything other than emergency repairs upon any automobile, motorcycle or self- driven vehicle in any park;
G. To park any motor vehicle in any place other than designated parking areas. Designated parking places shall be designated by appropriate signs; H. To carry or bring any firearms, air or air-soft guns, pellet guns, slingshots, firecrackers or fireworks into any park without prior written permission by the city and the local fire department; I. To make a fire in any park other than in barbecues provided by the city without prior written permission from the city;
J. To bring into any park any hazardous material which will, if spilled or spread, be injurious users of the facility, to the grass turf or plant growth or other hardscapes; K. To cut or remove any wood, wood chips, turf, rock, tree, flower, shrub, sand or gravel from any park unless prior written permission is provided by the city; L. To deposit or dispose of in any park any bottles, tin or aluminum cans, broken glass, paper, clothes, rubbish, soil, tree trimmings, garbage, ashes or other debris of any kind, except in approved containers provided by the city;
M. To deposit or dispose of any household waste or construction materials into trash containers provided by the city;
N. To remove, move, damage, destroy, or modify any athletic field or maintenance equipment, or official park sign on park grounds;
O. For any male person to resort to any restroom set apart for women, and for any female person to resort to any restroom set apart for men; provided that this prohibition shall not apply to children accompanied by their father, mother or legal guardian unless otherwise allowed by the city; P. To climb onto any building structure, or tree on park grounds; Q. To loiter or remain in any park ( including the parking areas) while not using park areas or to loiter or remain in any park outside of operating hours, which are dawn to dusk unless otherwise permitted by the city;
R. For any person, or persons, to remain in a park who have been involved in an activity or an altercation that creates a potential threat to public safety; S. To enter any park facility where an entry fee is charged without first paying the full legal charge made for such entrance unless such entrance is by the consent or permission of the person or organization in charge;
T. To possess or consume alcoholic beverages within the boundaries of any city park or park facility;
U. To play golf or engage in the hitting of golf balls in any park; V. To play or engage in any organized sports play without a permit, or to play any organized sport in places that are not specifically provided or designated for that purpose without a permit. For purposes of this subsection, " organized sports play" shall mean any game, tournament, contest, or other activity in which more than fifteen ( 15) persons participate, or in which the time and place of play have been predetermined by either the participants or any other person or organization. In addition, the wearing of uniforms by three or more persons, or the presence of game officials shall constitute evidence of organized sports play;
W. To loiter or remain in any storm drain retention basin with park-like improvements whenever there is standing water over four inches that covers more than one square foot; X. To loiter in or near any park restroom building by remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable control over identifiable areas, to intimidate others from entering those areas, or to conduct illegal activities. For the purpose of this rule, near is defined as within ten ( 10) feet of the restroom building;
Y. To use sound amplifying equipment at a volume that exceeds fifteen ( 15) decibels above the ambient base noise level at a distance of fifteen ( 15) feet in any direction from the source of the sound without a permit. ( Ord. 17- 379 § 1; Ord. 16- 360 § 1; Ord. 08- 280 § 1; Ord. 06- 261 § 1; Ord. 04- 232 § 1; Ord. 98- 155; Ord. 91- 57)
Contact:
City Clerk: 209- 941- 7230
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