HomeMy WebLinkAboutAGENDA REPORT 2019 0904 REG CCSA ITEM 11ACITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of September 4, 2019
ACTION A dopted
Ordinance No. 473. BY
B.Garza
A. Consider Ordinance No. 473 Replacing in its Entirety 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,
and Making a Determination Under CEQA. Staff Recommendation: Waive full
reading, declare Ordinance No. 473 read for the second time, and adopted as
read. (ROLL CALL VOTE REQUIRED)
Item: 11.A.
Item: 11.A.
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.
355
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.
______________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
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