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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. ae-�� A - -r-�-- 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. - 1 - 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 - 2 -