DRAFT 8/23/22_______
T-DPS-160266/63068_2 1
Council Agenda:
Item No.:
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE TO AMEND SECTION 9.62.090 OF
CHAPTER 9.62 (PUBLIC PARKS) OF TITLE 9 (PUBLIC
PEACE, SAFETY OR WELFARE) OF THE SUNNYVALE
MUNICIPAL CODE
WHEREAS, the City of Sunnyvale desires to amend certain sections of the Sunnyvale Municipal Code Chapters 9.62 (Public Parks) to clarify and correct provisions that are outdated or have been held unenforceable by caselaw.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 9.62.090 AMENDED. Section 9.62.090 of Chapter 9.62 (Public Parks) of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code is hereby amended to read as follows:
9.62.090. Loitering prohibited during certain hoursOperational hours of city parks.
No person shall remain, stay or loiter in any public park, between the hours of nine p.m. and six a.m. of the following day without approval from the director. (a) The director has the authority to establish the hours during which any park, and park buildings, roads, grounds or other facilities are open to the public. (b) Notice of hours of operation shall be conspicuously posted at the park, or park building, road, ground or facility.
(c) No person shall enter or remain in any park, or park facility, building, road or grounds, during those hours of the day or night when they are closed to the public pursuant to this section, unless authorized by the director.
SECTION 2. CEQA - EXEMPTION. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.
SECTION 3. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
Attachment 2
T-DPS-160266/63610 2
Council Agenda:
Item No.:
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.
SECTION 5. POSTING AND PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official publication of legal notices of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.
Introduced at a regular meeting of the City Council held on _________, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on ____________, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
City Clerk
Date of Attestation: _______________________
Mayor
(SEAL)
APPROVED AS TO FORM:
________________________________________
City Attorney
Attachment 2