HomeMy WebLinkAboutOrdinance 1434 (Loitering in Parks after Hours)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1434 entitled:
AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION 2.16.028(27)
OF THE MUNICIPAL CODE MAKING SECTION 2.16.028(1) A MISDEMEANOR OR INFRACTION
AT CITY ATTORNEY'S DISCRETION
is a true and correct copy of an ordinance of said City and was
introduced at a revular meeting of the City Council
of the City of San Rafael, held on the sixth day of
J1117,7' , 1982, published as required by City Charter in the
Independent -Journal , a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a regular meeting of the City Council of said City
held on the sixth day of July 1982, by the following
vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILNIEMBERS: Jensen
WITNESS my hand and the official seal
of the City of San Rafael this
twentieth day of July
1982.
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J;A F M. LEONCINI, City Clerk
ORDINANCE NO. 1434
AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING SECTION 2.16.028(27) OF THE MUNICIPAL
CODE MAKING SECTION 2.16.028(1) A MISDEMEANOR
OR INFRACTION AT CITY ATTORNEY'S DISCRETION
THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Section 2.16.028(27) is hereby amended to read
and provide as follows:
"Any person who is convicted of a violation of
any of the provisions of this section is guilty
of an infraction and shall be punishable by a
fine not to exceed three hundred dollars,
provided, however, that a violation of sub-
section (1) herein, pertaining to entering,
remaining or loitering in parks after designated
hours, shall be cited as a misdemeanor, but may
be reduced to an infraction in the discretion
of the City Attorney and upon application to
the Marin County Municipal Court."
DIVISION 2. This Ordinance is an Urgency Ordinance for
the needed preservation of the public peace, health and safety and
shall go into effect immediately. The facts constituting such
necessity are as follows: The City of San Rafael has experienced a
tremendous influx of transients and indigents without permanent
places of habitation. These people are finding shelter and making
their sleeping quarters within San Rafael City parks, thus causing
problems of health and sanitation and interfering with passive and
peaceful as well as active use of the parks by City and County
residents. San Rafael police officers, having only authority to
cite violators for infractions, find that many violators are
ignoring citations and returning to the parks the same evening they
have been cited. Misdemeanor authority allows a police officer the
ability to arrest serious or recidivist violators. This Ordinance
is urgently needed to preserve the peace, tranquility and order of
this community.
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ORDINANCE NO. 1434
DIVISION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The Council hereby declares that it would have
adopted the Ordinance, and each section, subsection, sentence, clause,
or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared
invalid.
W�'' `'�—
RENCE E . MULRY N, Ma`y or
Attest:
NNE M. LA;L; City Yerk
The foregoing Ordinance No. 14was adopted as an Urgency
Ordinance of the City of San Rafael at a regular meeting of the
City Council of the City of San Rafael, held on the sixth
day of July , 1982, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
21 A/14
Ogta.
EONCINI, Glty Clerk
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