September 24, 2024
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND REPEALING RICHMOND MUNICIPAL CODE CHAPTER 9.64 - PROHIBITION OF NATURAL GAS INFRASTRUCTURE IN
NEWLY CONSTRUCTED BUILDINGS
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council finds it necessary to update, consolidate, and streamline the Richmond Municipal Code (“RMC”) periodically to comply with recent federal and state law enactments and decisions and to achieve more efficient enforcement of code violations to promote public healt h, safety, and welfare; and
WHEREAS, in light of the Ninth Circuit Decision of California Restaurant Association v. City of Berkeley, 89 F.4th 1094 (9th Cir. 2024), with an ordinance functionally indistinguishable from Berkeley’s Ordinance, the City Council has identified the entire Chapter 9.64 of the RMC relating to regulations on a prohibition of natural gas to be preempted; and
WHEREAS, the City wishes to ensure that the RMC’s provisions for natural gas are consistent with federal and state law for accuracy in enforcement and transparency for the public; and
WHEREAS, said repeal to the RMC are permitted by law, including the California Constitution, Government Code, and Civil Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND HEREB Y ORDAINS AS FOLLOWS:
SECTION 1: The above recitals are true and correct and are incorporated herein.
SECTION 2: Chapter 9.64 of the City of Richmond Municipal Code, entitled “PROHIBITION OF NATURAL GAS INFRASTRUCTURE IN NEWLY CONSTRUCTED BUILDINGS” is hereby repealed in its entirety.
SECTION 3: Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remainin g portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.
SECTION 4: Effective Date.
This Ordinance becomes effective thirty (30) days after its final passage and adoption.
September 24, 2024
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First introduced at a regular meeting of the City Council of the City of Richmond held ________________ and finally passed and adopted at a regular meeting held _________________________by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
______________________
Mayor
Approved as to form:
______________________
City Attorney