ITEM 4. 3
CITY MANAGER' SREPORT
NOVEMBER 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
25- 474 OF THE CITY COUNCIL OF THE CITY OF
LATHROP TO AMEND LATHROP MUNICIPAL CODE
SECTION 12. 04.10 "DEFINITIONS" AND SECTION
12. 20. 010 "CONDUCT IN CITY PARKS - PROHIBITED
ACTIONS"
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 25- 474 to Amend Lathrop Municipal Code Section 12. 04.10
Definitions" and Section 12. 20. 010 "Conduct in City
Parks - Prohibited Actions"
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 25- 474 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND THE LATHROP MUNICIPAL CODE SECTION 12. 04.10 "DEFINITIONS" AND SECTION
12. 20. 010 "CONDUCT IN CITY PARKS - PROHIBITED ACTIONS" SUMMARY:
On October 13, 2025, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Diallo, Torres -O' Callaghan, and Akinjo
NOES: Dresser and Lazard
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
resa Vargas, Cit rIerk
I (e/) -q
Date
ORDINANCE NO. 25- 474
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND THE LATHROP MUNICIPAL CODE SECTION 12. 04.10 "DEFINITIONS" AND SECTION 12. 20. 010 "CONDUCT IN CITY PARKS - PROHIBITED ACTIONS" WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a
regular meeting on October 13, 2025, to review and consider this Ordinance; and
WHEREAS, staff proposed Ordinance amendments to Section 12. 04.10 entitled " Definitions" and Section 12. 20. 010 entitled " Conduct in City Parks - Prohibited Actions" that are intended to minimize safety concerns, limit destruction of property and provide clarity on when permitting is required; and WHEREAS, staff request that the City Council amend LMC Section 12. 04.10 entitled " Definitions" and Section 12. 20. 010 entitled " Conduct in City Parks - Prohibited Actions" as shown in Attachment B and Attachment C, incorporated by reference herein.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Lathrop does hereby amend Section 12. 04.10 entitled " Definitions" and Section
12. 20. 010 entitled " Conduct in City Parks - Prohibited Actions" of the Lathrop Municipal Code as shown in Attachment B and Attachment C, incorporated by reference herein.
Section 1. The Lathrop Municipal Code is hereby amended as shown in Attachment B and Attachment C, attached hereto and incorporated by reference herein.
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 civil liability for damages, except as otherwise imposed by law.
Section 3. - Severability. 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 hereby declares that it would have 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 make a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
Ordinance No. 25- 474
THIS ORDINANCE was regularly introduced at a Regular Meeting of the City Council of the City of Lathrop on the 13th day of October, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on day of 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 25- 474
ATTACHMENT B
CHAPTER 12. 04
GENERAL PROVISIONS
12. 04.10. Defmitions.
For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
City or public utility easement" means land which by conveyance, agreement, easement, dedication, usage or process of law is dedicated and used for constructing, replacing or maintaining any water, sewer or public storm drain line.
Encroach" or " encroachment" means:
1. Going upon, over, under, or using any public property or right- of- wayin such a manner as to prevent, obstruct or interfere with the normal use of that way, including the performance thereon of any of the following acts:
a. Excavating or disturbing the right- of- way or public property, b. Erecting or maintaining any post, sign, pole, fence, guard rail, wall, loading platform, or other structure on or over or under the right- of- way or public property, c. Planting any tree, shrub, grass or other growing thing within the right- of- way or public property,
d. Placing or leaving on the right- of- way or public property any rubbish, brush, earth or other material of any nature whatever,
e. Constructing, placing, planting or maintaining on, over, under or within the rightof- way or public property any pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage or subsurface drainage facility, any pipe, conduit or cable,
f. Traveling on the right- of- way or public property by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit,
g. Lighting or building a fire,
h. Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the right- of- way or public property which causes or will cause an encroachment; or
2. Going upon, over, under or using any city or public utility easement or public storm drain ponding area in such a manner as to prevent, obstruct or interfere with the normal public use of that easement or public area, including the performance thereon of any of the following acts:
a. Excavating or disturbing the public storm drain ponding area, b. Placing or leaving on the public storm drain ponding area any rubbish, brush, earth or other material of any nature whatsoever,
c. Constructing, replacing, connecting, maintaining any water, sewer or public storm drain lines within the city or public utility easement.
Permittee" means any person that proposes to do work or encroach upon a right- of- way, public
property or public utility easement or public storm drain ponding area herein defined and has been issued a permit for such encroachment by the city engineer.
Public property" means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the use by the general public or the city.
Public storm drain ponding area" means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is dedicated and used for the city required ponding of storm water.
Public street" means the full width of the right- of- way of any road, street, lane or alley used by or for the general public, whether or not those roads, streets, lanes and alleys have been accepted as and declared to be part of the city system of public streets, except streets forming a. part of the state highway system.
Right- of- way" means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the use ofthe general public for street or highway purposes.
Special Use Pernut" refers to a permit issued by City Council for the use of a City Park to host a public event which is not affiliated with the City of Lathrop pursuant to Resolution 23- 5265.
Prior code § 97. 01)
12. 04.20. Right of lawful use.
Any permit granted under this chapter shall be subject to the right of the city, or any other person entitled thereto, to use that part of the public highway for any purpose for which it may be lawfully used, and no part of the highway shall be unduly obstructed at any time.
Prior code § 97. 02)
12. 04.30. Exceptions to chapter.
A. This chapter shall not apply to any officer or employee of the city in the discharge of his or her official duties, or to any work being performed by any person or persons under contract with the city.
B. This chapter shall not apply to any obstructions within the right -of way as ofApril 2, 1991.
Prior code § 97. 03)
12. 04.40. Obstructions.
All obstructions existing within the right- of- way as ofApril 2, 1991 shall be removed pursuant to the following procedures:
A. Notice shall be given of violation ofthis chapter by mailing or delivering the notice to owners of real property as shown on the latest equalized assessment roll ( or other by utilizing other, more recent assessment information, if available).
B. This notice shall identify the violation and notify the property owner that removal of the violation must be completed no later than 30 days from the date of the notice.
C. Property owners who fail to comply with this section within the time limits specified above, shall be sent a second notice. This notice shall inform the property owner that he or she is in violation of this section and that if he or she does not comply within 10 days he or she will be cited and/ orthe violation will be removed by the city at the property owner' s expense.
D. Whenever violation of this section would result in an immediate threat to the safety of the citizens of the city, the property owner will be ordered to remove the obstruction immediately. Failure to comply will result in the issuance of a citation and/ or the city will remove the obstruction and charge the owner as outlined in Section 12. 08. 110.
Prior code § 97. 04)
12. 04.50. Violation —Penalty.
Any person violating any of the provisions of this chapter, for which no other penalty is provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1.6. 010.
Prior code § 97. 98)
12. 04.60. Civil action.
The violation of any of the provisions of this chapter shall also be deemed a nuisance, and civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the appropriate legal officers of the city upon complaint of the city engineer. The remedies provided in this chapter shall be cumulative and in addition to any other remedy available to the city in either law or equity.
Prior code § 97. 99)
ATTACHMENT C
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 or electric powered go- cart, motorcycle 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, shade structure, dugout or tree on park grounds; Q. 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 six a. m. to eight - thirty
p. m. April through September; and six a. m. to six p. m. October through March; 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 practice, game, tournament, contest, or other activity in which more than -1- 5 8 persons participate, or in which the time and place of play have been predetermined by either the participants or any other person or organization, or in which participants have paid to participate. 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 10 feet of the restroom building;
Y. To use sound amplifying equipment at a volume that exceeds 15 decibels above the ambient base noise level at a distance of 15 feet in any direction from the source of the sound without a permit;
Z. To erect any structures including bounce houses, pop- up tents or canopies ( larger than 10' by 10') without a Special Use Permit or without an approved Partnership Agreement; AA. To host public or private events outside of the designated reservable or first come, first served shelter without a Special Use Permit or without an approved Partnership Agreement;
BB. To host an event requiring an entry fee, within any park without a Special Use Permit or without an approved Partnership Agreement;
CC. To host a gathering with more attendees than the posted capacities without a Special Use Pennit or without an approved Partnership Agreement;
DD. The sale of items may not occur within a city park, park facility or parking lot without a permit issued by the parks and recreation department or without an approved Partnership Agreement.
Ord. 91- 57; Ord. 98- 155; Ord. 04- 232 § 1; Ord. 06- 261 § 1; Ord. 08- 280 § 1; Ord. 16- 360 § 1; Ord. 17- 379 § 1; Ord. 22- 440 § 1)
12. 20. 020. Recreation, park facility use fees.
Pursuant to the codes of the city as well as all applicable state laws, the city council does authorize the adoption of fees for recreation programs and for use of park facilities for noncity functions. Such fees shall be established and amended from time to time by resolution of the city council.
Ord. 95- 124)
12. 20. 030. Violation — Penalty.
A violation of this chapter, unless otherwise determined by the city manager, is an infraction.
Every violation of this chapter, if deemed an infraction and not a misdemeanor, is punishable by a fine not exceeding $ 100 for a first violation; a fine not exceeding $ 200 for a second violation of the same provisions within one year; and a fine not exceeding $ 500 for each additional violation of the same provisions within one year.
Ord. 91- 57)
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