HomeMy WebLinkAbout102-Attachment A � Proposed Municipal Code revisions (redline version).pdfORDINANCE __________
An Ordinance amending Article 11-05 of the Saratoga Municipal Code
related to use of City Parks Findings
1. The City of Saratoga wishes to update and clarify standards for use of City parks to (1)
provide uniform standards for alcohol use in City parks, (2) reduce from 25 to 12 the number of persons in a group that triggers the requirement for a special permit, and (3) replace outdated
terminology.
2. The Parks and Recreation Commission of the City of Saratoga considered proposed
amendments to the City Code concerning use of City parks and following a duly noticed public hearing on March 8, 2011 recommended adoption of this ordinance.
3. The City Council of the City of Saratoga held a duly noticed public hearing on April 20, 2010
and after considering all testimony and written materials provided in connection with that
hearing introduced and adopted this ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Sections .050, .051, and .052 of Article 11-05 of the Saratoga City Code are amended as shown
below. Text to be inserted is shown in double underlined bold font (example) and text to be
deleted is shown in strikethrough font (example).
11-05.050 - Acts prohibited except with special permit.
No person shall do any of the following acts within the limits of any park in the City except
upon the issuance of a special permit therefor for such act(s) pursuant to Article 11-10, and
only so long as such permit remains in full force and effect and the permittee has complied
with all conditions set forth therein:
(a) The use or occupation of any park or area thereof by any publicly advertised
assemblage or by any group of persons twenty-five twelve or more in number.
(b) The right to the exclusive use or occupation of any park or area thereof by any person
or group of persons, regardless of number. (c) Amplified sound exceeding twenty-five watts of total output from all channels of
equipment and used therefor in any park or area thereof.
(d) Hawking, vending, peddling, selling, soliciting the sale of or offering for sale any
food, drink, goods, wares, merchandise or services of any kind, or advertisement of the
same, in any park or area thereof. (e) The consumption, exhibition, or possession of any alcoholic beverage other than beer or wine with an alcohol content of fifteen (15) percent or less.
11-05.051 - Alcohol prohibited in Wildwood Park during certain times, except with
special permit.
(a) No person shall consume, drink, exhibit or possess any alcoholic beverage within
Wildwood Park at any time between 12:01 A.M. Monday and 8:00 A.M. Saturday of
each week, without first having obtained a group use permit, pursuant to Article 11-10.
(b) The activities described in subsection (a) of this Section may only take place within
the area of the park so designated by the group use permit. (c) The prohibitions set forth in subsection (a) of this Section shall not apply to any day
proclaimed a holiday by formal action of the City, the State or the federal government.
11-05.052 - Alcohol prohibited in El Quito Park, except with special permit.
(a) No person shall consume, drink, exhibit or possess any alcoholic beverage within El
Quito Park at any time, without first having obtained a group use permit, pursuant to
Article 11-10.
(b) The activities described in subsection (a) of this Section may only take place within the area of the park so designated by the group use permit.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 3. California Environmental Quality Act.
These amendments concerning park use are categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14
Cal Code §15061(b)(3). CEQA applies only to projects which have the potential of causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the minor amendments are clarifying only
and would have a de minimis impact on the environment
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and first reading waived at the regular meeting of the City Council of the City of Saratoga held on April 20, 2011, and was adopted by the following
vote following a second reading on May 4, 2011:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Howard Miller, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
__________________________________
Richard Taylor, CITY ATTORNEY