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HomeMy WebLinkAboutORD 480 2020 0205 ORDINANCE NO. 480 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REPEALING AND REPLACING IN ITS ENTIRETY SECTION 12.16.190 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, the City Council has determined that Section 12.16.190 (Skate facility) 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. This Ordinance merely authorizes the City to rent its skate park for limited private and public use and makes other minor changes to the manner in which the skate park is operated. The Ordinance does not otherwise change the use or authorize any new development or redevelopment of skate parks. 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 12.16.190 of Chapter 12.16 of Title 12 of the Moorpark Municipal Code is hereby replaced in its entirety to read as follows: "12.16.190 Skate facility. The following provisions for skate facility use are in addition to the other requirements of this chapter. Section 12.16.020, Hours of operation, Section 12.16.040, Animal control, and Section 12.16.160, Requirement and enforcement of park rental permits, are modified by the following skate facility use requirements. A. Only individuals riding skateboards, roller skates, and in-line skates are authorized to use the city's skate facility. No bicycles, scooters, or motorized vehicles are permitted to be operated in the skate facility. Ordinance No.480 Page 2 B. All users of the city's skate facility must wear protective gear including helmet, elbow pads, and knee pads at all times while using said facility. Appropriate signage shall be displayed at the skate facility informing users of the requirement to wear such protective gear and that a user failing to do so will be subject to citation pursuant to Section 12.16.230. C. Skate facility age restrictions for users may be established by city council resolution. D. Skate facility hours of operation and provisions for closure for city- sponsored events, permitted rentals, or for potentially hazardous conditions shall be established by city council resolution, and hours of operation for a skate facility may vary from the hours of operation established by Section 12.16.020. The City Council may also establish, by resolution, a fee for the use and/or rental of the skate facility. E. No person owning or having charge, care, custody or control of any dog, livestock, or other animal shall cause, permit, or allow the same to be brought into, allow to be loose within, or run at large upon the skate facility. Even with a chain or leash, such animals are prohibited within the skate facility. F. Ramps, jumps, or other obstacles, equipment, or structures may not be brought into the skate facility, except in conjunction with a city-sponsored event or if such equipment is approved on a rental permit. G. All food and beverages are prohibited in a skate facility except water in a plastic bottle or container, except in conjunction with a city sponsored event or if food or beverages are approved on a rental permit." 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. SECTION 4. This ordinance shall become effective thirty (30) days after its passage and adoption. Ordinance No.480 Page 3 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 5 day of February, 2020. Ja .ce S. Parvin, Mayor ATTEST: vcOmilliort 4;014,111104w Ky Span r, ity rk O. frdriptijAibiPekva; arA°�r0 _. JOS-! Ordinance No.480 Page 4 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. 480 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 5th day of February, 2020 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 5th day of February, 2020. Ky SVe1/1117 rG City Clerk seal 42"115 4<40.0 ilittlarAt\ gOi t ^>47f JtiL