ITEM 4.3
CITY MANAGER' S REPORT
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 440 OF THE CITY COUNCIL OF THE CITY OF
LATHROP 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: Waive Full Reading and Adopt Ordinance 22- 440 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
CEQA Status: Exempt according to California Environmental Quality Act Article 5 § 15061( b)( 3), by the Common
Sense Exemption"
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 440 entitled:
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
SUMMARY:
On November 14, 2022, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: Lazard
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
T resa Vargas, City I rk Date
ORDINANCE NO. 22- 440
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 6: 00 a. m. to 8: 30 p. m. April through September; and 6: 00 a. m. to 6: 00 p. 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- 440
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.
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 14t'' day of November 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 202_, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22- 440