HomeMy WebLinkAboutOrdinance 283 ORDINANCE NO. 283
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persons in a group that triggers the requirement for a special permit, and (3) replace outdated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 thcrcfor 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 there€or -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.
•
special-- permit.
. •.. . . . , . .. - ., •. •.
the arca of the park so dcsignatcd by the group use permit. .. •
- - = - - - - • - cction (a) of this Section shall not apply to any day
• - -- - - •- • :rmal action of thc City, the State or thc federal government.
• . • . • . . . -, . . , - -•:•
. .. - ., . . . - . .. - - -
Article 11 10.
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:
AYES: Councilmember Manny Cappello, Emily Lo, Jill Hunter,
Vice Mayor Chuck Page, Mayor Howard Miller
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST: SIGNED:
/ I
ratlatae
Ann ullivan, Howard A. Miller,
CLERK OF THE CITY OF SARATOGA MAYOR OF THE CITY OF SARATOGA
DATE:
APPROVED AS TO FORM:
Richard Taylor,
CITY ATTORNEY
PROOF OF PUBLICATION Filing Stamp
(2015.5 C.C.P.) PROOF OF PUBLICATION
State of California
County of Santa Clara
I am a citizen of the United States and
a resident of the County aforesaid: I
am over the age of 18 years, and not
party to or interested in the above
entitled matter. I am the principal clerk
of the printer : Saratoga News
1095 The Alameda, San Jose, CA a =
newspaper of general circulation in the
City of Saratoga, CA, printed in the = =
City of San Jose, CA County of Santa
O t± ary T
Clara, and which newspaper has been -
adjudged a newspaper of general
GROUPS
circulation by the Superior Court of the u
comonly. swam.
County of Santa Clara, State of
n the ocdrnnoce
We ire 9
California, Case number 3281 48,
dated June 2, 1975 that the notice of
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which the annexed is a printed copy
in type not smaller than nonpareil
has been published in each regular
, ion of
and entire issue of said newspaper ,
in alt T he or-
and not in any supplement thereof on °i + ,ter,
the following dates, to wit:.
v\ 1� At r1
1 certify ( o declare) under penalty of
that the foregoing is true and
correct.
Dated: W\ 1 4 1 1 .(t
San Jose, Caliis
L. • tAtii
Kathleen Wrightson