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HomeMy WebLinkAboutORD 473 2019 0904 ORDINANCE NO. 473 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REPLACING IN ITS ENTIRETY SECTION 12.16.060 OF CHAPTER 12.16 (PARKS AND OPEN SPACE) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE MOORPARK MUNICIPAL CODE, AND MAKING A DETERMINATION UNDER CEQA WHEREAS, Chapter 9.20 (Alcoholic Beverages) prohibits the consumption or possession of alcoholic beverages in any public place or city owned property, except when permitted by Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code; and WHEREAS, the City Council has determined that Section 12.16.060 (Alcoholic beverages prohibited) of Chapter 12.16 (Parks and Open Space) of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code should be revised; and WHEREAS, the Community Development Director has reviewed the contents of this Ordinance and determined that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed the Community Development Director's determination that this Ordinance is exempt from CEQA and concurs that the Ordinance does not have the possibility of having a significant effect on the environment and is therefore exempt from CEQA. SECTION 2. Section 12.16.060 of Chapter 12.16 of Title 12 of the Moorpark Municipal Code is hereby replaced in its entirety to read as follows: "12.16.060 Alcoholic beverages prohibited. No person shall consume any alcoholic beverages in any park or open space, except as permitted with the issuance of applicable city permits." SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. Ordinance No. 473 Page 2 SECTION 4. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 4th day of September, 2019. Ad3,14 J. nice S. Parvin, Mayor ATTEST: .PQ14 ►1<, � �i2 Ky Spa ler, Cit Clerk o4��►V�� 0 0,4 k qr_o JV r w Ordinance No. 473 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No.473 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th day of September, 2019 and that the same was adopted by the following vote- AYES. Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 4th day of September, 2019. 161/-r$Ky Spargler, Cit lerk (seal) oapAwK e 0 -4,11111-At 09 9 \�