2009/05/12 City Council Ordinance 816
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
) ss
County of Sonoma )
Terri Griffin, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified Deputy
City Clerk ofthe City of Rohnert Park, Sonoma County, California; and that on the 13th day
of Mav, 2009, she posted and had published as required by law full, true, and correct copies
of ORDINANCE NO. 816., "AMENDING SECTION 15.04.015, PENALTIES FOR
VIOLATION, OF THE ROHNERT PARK MUNICIPAL CODE" in five (5) public places in
said City, to wit:
www.rpcitv.orl! for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
/ltd~~.
Deputy City Clerk
Subscribed and sworn to before me
this 13th day of May, 2009.
M:\Ordinances\Ordinances 2009\Affidavits of Posting\Affidavit of Posting 816.doc
ORDINANCE NO. 816
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTION 15.04.015, PENALTIES FOR VIOLATION,
OF THE ROHNERT P ARK MUNICIPAL CODE
WHEREAS, Section 15.04.015 of the Rohnert Park Municipal Code contains penalties for
violations of Chapters 15.04 through 15.36;
WHEREAS, the City Council is considering adopting specific penalty provisions concerning the
sale and use of fireworks; and
WHEREAS, to allow for the adoption of such specific penalty provisions, Section 15.04.015 of
the Rohnert Park Municipal Code must be amended.
NOW, THEREFORE, the City Council ofthe City of Rohnert Park ordains as follows:
SECTION 1. Section 15.04.015, Penalties for violation, of the Rohnert Park Municipal Code is hereby
deleted in its entirety and replaced with the following:
"15.04.015
Penalties for violation
Any person, firm, corporation, or other entity violating any of the provisions of Chapters 15.04 through
15.36, or any of the provisions of the codes, as amended, adopted by reference in Chapters 15.04
through 15.36, is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand
dollars or by imprisonment not to exceed six months, or both. In the discretion of the citing officer, the
penalties set forth above may not apply to violations of Chapters 15.04 through 15.36 where more
specific penalty provisions exist. Every such violation shall be deemed a separate offense for each day
or portion thereof during which such violation continues."
SECTION 2. Compliance with the California Environmental Quality Act
The City Council finds that this Ordinance is not subject to the California Environmental Quality
Act ("CEQA") pursuant to Sections 15060( c )(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical
change to the environment, directly or indirectly.
SECTION 3. Severability
If any provision of this Ordinance or the application thereof to any person or circumstances is for
any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or
preempted by state legislation, such decision or legislation shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance
and each and every section, subsection, sentence, clause or phrase hereof not declared invalid or
unconstitutional without regard to any such decision or preemptive legislation.
SECTION 4. Effective Date and Publication
This ordinance shall be in full force and effect 30 days after the second reading. Pursuant to
California Government Code Section 36933, before the expiration of fifteen (15) days after its passage,
this ordinance, or a summary thereof, shall be published at least once in a newspaper of general
circulation, published and circulated in the City of Rohnert Park, along with the names of the members
of the City Council voting for and against its passage.
This ordinance was introduced on the 28th day of April, 2009, and DULY AND REGULARLY
ADOPTED this --1.2.ili day of May, 2009, by the following vote:
AYES: Five (5) Council Members Belforte, Callinan, Mackenzie, Stafford, and
Mayor Breeze
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
CITY OF ROHNERT PARK
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Mayor
APPROVED AS TO FORM:
1048753v280078/0012