Loading...
2020/09/08 City Council Ordinance 951 ORDINANCE NO. 951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REPEALING CHAPTER 9.48 - "ALCOHOL OFFENSE/LOUD PARTIES" AND REPLACING IT IN ITS ENTIRETY WITH CHAPTER 9.48—"ALCOHOL OFFENSES, LOUD AND UNRULY GATHERINGS, AND SOCIAL HOST ACCOUNTABILITY" TO IMPOSE STRICTER CRIMINAL AND CIVIL PENALTIES AGAINST ALCOHOL OFFENSES AND LOUD PARTIES WHEREAS, by Ordinance No, 581, the City of Rohnert Park enacted Chapter 9.48 in 1993, which regulates alcohol offenses and loud parties; and, WHEREAS, by Ordinance No. 745, the City of Rohnert Park amended Chapter 9.48 in 2005, regarding alcohol offenses and loud parties; and, WHEREAS, by Ordinance No. 852, the City of Rohnert Park amended Chapters 1.24 through 1.27 and sections 9.48.90 and 9.48.100 in 2012, which regulate public nuisances such as alcohol offenses and loud parties, and include administrative procedures to assess civil penalties against violators of the Rohnert Park Municipal Code; and, WHEREAS, by Ordinance No. 863, the City of Rohnert Park amended Chapter 9.48 in 2013, regarding penalties for multiple responses to loud parties; and, WHEREAS,the City of Rohnert Park,pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents; and, WHEREAS, the occurrence of loud or unruly gatherings on residential property is injurious and detrimental to the public health, safety, and welfare of residents of the City and contribute substantially and increasingly to the deterioration of residential neighborhoods; and, WHEREAS,at times,the Department of Public Safety and other City personnel are called upon to respond, sometimes on multiple occasions, to loud or unruly gatherings. These gatherings are a burden on scarce City resources and can result in delayed responses to emergency calls and thereby reduce the public safety protection to the rest of the City; and, WHEREAS, to mitigate the negative impacts of loud or unruly gatherings, residential property owners and persons responsible for these gatherings should be held accountable through the issuance of administrative citations and other penalties; and, WHEREAS, the City Council of the City of Rohnert Park desires to make amendments to Chapter 9.48 to strengthen the penalties associated with violating Chapter 9.48 arising out of alcohol offenses and loud parties,and provide further enforcement mechanisms intended to protect the public health, safety and general welfare of residents and visitors to the City of Rohnert Park; and, WHEREAS, having considered the staff reports, presentations, other documentation and testimony presented to the City Council at a duly noticed public hearing, the City Council determines that the proposed amendments to the Rohnert Park Municipal Code will contribute to the public health, safety and welfare, by facilitating the prevention, detection, investigation, and enforcement against loud and unruly gatherings and alcohol offenses within the city, thereby alleviating the health and safety hazards,unsafe conditions,and the impairment of property values resulting from such conditions; WHEREAS, pursuant to California state law and the Rohnert Park Municipal Code, a public notice was published in the Community Voice for a minimum of 10 days prior to the public hearing; and WHEREAS, on August 25, 2020, the City Council conducted a public hearing at which time interested persons had an opportunity testify either in support of or opposition to the revised proposal; NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, does ordain as follows: SECTION 1. VALIDITY. The above recitations are true and correct and material to this Ordinance. In making its findings, the City Council relied upon and hereby incorporates by reference all staff reports,presentations, and other documentation presented to the City Council in the meeting. SECTION 2. FINDINGS The City Council finds: A. That the proposed amendments to the Rohnert Park Municipal Code will contribute to the public health, safety and welfare, by strengthening penalties and enforcement mechanisms pertaining to alcohol offenses and loud and unruly parties; B. That enforcement of city ordinances is an essential government function and necessary to adequately protect the public health and safety. The proposed amendments to Rohnert Park Municipal Code chapter 9.48 will ensure the continued prevention,detection,investigation and enforcement of violations pertaining to alcohol offenses and loud and unruly parties and in doing so will support the goals of public health, safety, and welfare. SECTION 3. ENVIRONMENTAL REVIEW. The City Council finds and determines: A. That adoption of this ordinance is not a project within the meaning of section 15378 of the Guidelines for Implementation of the California Environmental Quality Act ("CEQA") because it has no potential to result in physical changes to the environment, either directly or indirectly; B. That the approval of this ordinance is exempt under section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment; and C. That the fee provisions of the proposed ordinance do not constitute a project under CEQA Guidelines section 15378(b)(4), which says that the creation of government funding mechanisms that do not involve a commitment to a particular project do not fall under the auspices of CEQA. SECTION 4. REPEAL AND REPLACEMENT. Chapter 9.48, "ALCOHOL OFFENSE/LOUD PARTIES,"is hereby repealed and replaced to read in its entirety as follows: - Ordinance No.951 2 Chapter 9.48 ALCOHOL OFFENSES, LOUD AND UNRULY GATHERINGS, AND SOCIAL HOST ACCOUNTABILITY 9.48.010 - Title. The title of this chapter shall be "Alcohol Offenses, Loud and Unruly Gatherings, and Social Host Accountability" 9.48.020—Interpretation; Protected activities. This chapter shall be not be interpreted in a manner so as to prohibit activities that are protected by state or federal law, including but not limited to Article 1, Section 4, of the California Constitution; the California Alcohol Beverage Control Act; or the First or Fourteenth Amendments to the United States Constitution. 9.48.030 - Definitions. For the purpose of this chapter, the following definitions shall apply: A. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. B. "Juvenile"means and includes any person under the age of eighteen years old. C. "Loud or unruly gathering"means a party at a residence, on other private property, or any public property, upon which loud or unruly conduct occurs. For purposes of this chapter, loud or unruly conduct includes: 1. Causing excessive noise in violation of any city code, permit, or statute; making, continuing, maintaining or causing to be made or continued, any excessive, unnecessary, unreasonable or unusually loud noise in such a manner as to disturb the quiet and repose of the residents of nearby properties so as to interfere with the comfortable enjoyment of life and property; 2. Causing traffic in excess of the normal amount of pedestrian or vehicular activity for the zoning district at such time of day; 3. Causing obstruction of public streets by vehicles and/or the presence of unruly crowds that have spilled into public streets; 4. Unlawful use of controlled substances as defined in the California Health and Safety Code; 5. Public drunkenness or unlawful public consumption of alcohol or alcoholic beverages; 6. Consumption of alcoholic beverages by any underage persons, or service of alcoholic beverages to underage persons; 7. Assaults, batteries, fights, domestic violence or other disturbances of the peace; 8. Vandalism; Ordinance No. 951 3 9. Littering; or 10. Any other conduct which endangers public health or safety or interferes with the quiet enjoyment of residential property. D. "Minor" for purposes of this chapter means and includes any person under the age of twenty-one years old. E. "Other private property" refers to a hotel or motel room, or short term or vacation rental; an assembly hall or meeting room; a common room of a dwelling unit used for a party (e.g., community room of an apartment building); a site in a privately owned campground or upon a vacant lot; or privately owned agricultural or rural land. F. "Party" means a gathering or event at a residence, other private property or rented public property where a group of two or more persons have assembled or are assembling for a social occasion or a social activity. G. "Public safety services personnel" shall mean and include public safety department responders, other law enforcement responders, and any other emergency or non- emergency response providers. H. "Residence" includes a dwelling unit such as a home, condominium, accessory dwelling unit or apartment; structures on a privately owned parcel other than the dwelling unit such as a garage, studio, tent, swimming pool, or barn; land on the residence whether improved or unimproved, such as a yard, patio, or open field; or a motor vehicle, camper, trailer, or other vehicle or vessel located on a privately owned parcel. I. "Response costs"means and includes all costs incurred by or associated with responses by public safety services personnel to loud or unruly gatherings, including, but not limited to: 1. The portion of the cost of salaries and benefits for public safety services personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the loud or unruly gathering(s), and the administrative costs attributable to such response(s); 2. The cost of any medical treatment to or for any public safety services personnel injured responding to,remaining at or leaving the scene of a loud or unruly gathering; and 3. The cost of the use of any equipment or property, and the cost of repairing any equipment or property damaged, in responding to, remaining at or leaving the scene of a loud or unruly gathering. J. "Responsible person" means and includes: 1. The person who owns, rents, leases, occupies, resides in or otherwise has control of the residence, other private property, or public property where the loud or unruly gathering occurs; and/or 2. The person in charge of the residence, other private property, or public property where the loud or unruly gathering occurs; and/or Ordinance No.951 4 3. The person who hosted, organized or sponsored the event which resulted in a loud and unruly gathering, and if such person is a minor, then in addition that person's parents or legal guardians. K. "Social Host" shall mean any responsible person who knew or should have known that a minor is in possession of, or consuming any alcohol, alcoholic beverage, marijuana and/or a controlled substance regulated under the California Health and Safety Code or has possessed or consumed any alcohol, alcoholic beverage, marijuana and/or a controlled substance at the loud and unruly gathering or party. L. "Underage person" means any person less than twenty-one years of age and shall have the same meaning as "Minor," defined above. 9.48.040—Social Host Responsibility for Minors. A. No person shall permit, allow, or host a party where minors are present and alcoholic beverages are in the possession of or being consumed by same. B. It is the duty of any responsible person who knowingly hosts, permits, or allows a party to take all reasonable steps to prevent the service to, and/or possession and/or consumption of, any alcohol, alcoholic beverage, marijuana and/or controlled substance by any minor. C. It shall be unlawful for any responsible person to fail to take reasonable steps to prevent the possession and/or consumption of any alcohol, alcoholic beverage, marijuana and/or a controlled substance by any minor, or to control the service of any alcohol, alcoholic beverage, marijuana and/or a controlled substance at such party. As used in this subsection, reasonable steps shall mean and include, but shall not be limited to: 1. Controlling access to alcohol, alcoholic beverages, marijuana and/or controlled substances; 2. Controlling the quantity of alcohol or alcoholic beverages at the party; 3. Verifying the age of persons at the party by inspecting government-issued driver's license or identification card to ensure that minors do not consume alcohol, alcoholic beverages, marijuana and/or a controlled substance while at the party; and 4. Supervising the activities of minors at the party. D. Whenever a responsible person or social host is present during a party when a minor has possessed, consumed, or has been served any alcohol, alcoholic beverage, marijuana and/or a controlled substance it shall be prima facie evidence that the person knew or should have known that the minor was in possession of, consumed, or was served alcohol, alcoholic beverages, marijuana and/or a controlled substance if the responsible person or social host failed to take all reasonable steps to prevent the possession, consumption, and/or service of alcohol, alcoholic beverages, marijuana and/or a controlled substance to the minor. 9.48.50 - Prohibition of Loud or Unruly Gatherings; Declaration of Public Nuisance. A. Loud and Unruly Gathering Prohibited. It shall be unlawful and constitute a public nuisance to cause, conduct, allow, permit, suffer, or host a loud and unruly gathering. Ordinance No.951 5 B. Loud and Unruly Gathering Subject to Abatement. A loud and unruly gathering may be abated by the city by all reasonable means including, but not limited to, an order requiring the Party to be disbanded and citation and/or arrest of any violators under any applicable local laws and state statutes including but not limited to: Penal Code Sections 415 and 416 (Breach of the Peace); Penal Code Section 374 et seq. (Litter); Penal Code Section 647 (Public Intoxication/Obstruction of Public Way); Bus. & Prof. Code Section 25658 (Selling Alcohol to Minors); and Vehicle Code Section 23224 (Possession of alcoholic beverage in vehicle, persons under 21). 9.48.060 - Notice of Loud and Unruly Gathering—Posting, Service by Mail. A. Posting of Premises. When public safety services personnel respond to a loud and unruly gathering under this chapter, the premises at which such gathering occurred may be posted with a notice stating that the intervention of the city has been necessitated as a result of a public nuisance caused by an event at the premises. The notice shall further state the date of the intervention, and warn that any subsequent violation(s) of this chapter necessitating additional city intervention within a twelve (12)month period therefrom on the same premises shall result in the joint and several liability of the responsible person(s), as well as the property owner(s). The responsible person(s) and property owner(s) shall be jointly responsible for ensuring that such notice is not removed or defaced during the twelve (12)month period listed in the notice and shall each be liable for a civil penalty of five hundred dollars ($500) in addition to any other penalties which may be due under this section if such notice is removed or defaced; provided, however, that the residents of the house or owner, if present, shall be consulted as to the location in which such notice is posted in order to achieve both the security of the notice and its prominent display in public view. B. Service of Notice to Responsible Person(s) and Property Owner(s). In addition to the posting of premises, notices shall be mailed to the responsible person(s) at the premises in question, as well as to any property owner(s) of record in accordance with provisions of Section 1.24.130(A)(2) of this code. The notice shall reiterate to the responsible person(s) and property owner(s) that any subsequent event(s) on the same premises necessitating city intervention within twelve (12) months may subject the property owner(s) and all responsible person(s)to all response costs associated with such intervention. C. A property, once posted, shall remain posted for the duration of the twelve (12) month posting period, irrespective of changes in tenancy, property ownership, or both. 9.48.070—Liability for Penalties and Public Safety Services Personnel Response Costs A. Persons Liable for Loud and Unruly Gathering. If the city is required to respond to a loud and unruly gathering, regardless of whether it is a first or subsequent offense, each of the following persons shall be liable for criminal penalties as set forth in section 1.16.010 of this code and civil penalties as set forth in this chapter, in addition to joint and several liability for any injuries to city personnel or damage to city property: 1. The person or persons who own the property where the gathering constituting a public nuisance took place, provided that notice has been mailed to the owner of the Ordinance No.951 6 property as set forth herein and the loud and unruly gathering occurs more than five (5) days after the mailing of such notice. 2. Any social host or responsible person. 3. Every person attending or participating in a loud or unruly gathering who engaged in any activity resulting in a public nuisance. The individual's presence upon the premises, during the time the activity resulting in the public nuisance occurred, shall be prima facie evidence that the person knew or should have known that a violation of this Chapter was occurring. B. Civil Penalty Amounts. The amount of civil penalties for any violation of this chapter may be established by resolution of the City Council. Civil penalties may be imposed by issuance of administrative citation under chapter 1.25 of this code, and shall be subject to appeal in accordance with chapter 1.26 of this code. C. Liability for Response Costs Regarding Events With Minors and Alcohol. All responsible persons and/or social hosts shall be jointly and severally liable for response costs incurred when public safety service personnel respond to a loud or unruly gathering where at least one minor is possessing, consuming, or being served, or where at least one minor has possessed, consumed, or been served any alcohol, alcoholic beverages, marijuana, and/or a controlled substance. No prior warning or notification shall be required before the assessment of response costs if response costs are being imposed pursuant to this section. Public services safety personnel responding shall be deemed to be on special security assignment, and the costs of responding to a loud and unruly gathering where minors are possessing, consuming, or being served alcohol are declared to be beyond the normal police services provided by the City or public safety services personnel. D. Liability for Second or Subsequent Response Costs for Loud and Unruly Gathering. Whenever public safety service personnel determine that a loud or unruly gathering is occurring, such personnel shall notify the responsible person(s)that the gathering constitutes a public nuisance and that responsible person(s) may be held jointly and severally liable for any second or subsequent response to the same premises as a result of a loud or unruly gathering during the twelve month time period when notice may be required to be posted under section 9.48.060. During this twelve month period, regardless of whether notice is actually posted under section 9.48.060, response costs for any second or subsequent response by public safety service personnel to the premises may be imposed on the responsible person(s)jointly and severally with any property owner, except as otherwise provided for in subsection F of this section. Public services safety personnel responding to second or subsequent response at a property during this twelve month period shall be deemed to be on special security assignment, and the costs of responding to a loud and unruly gathering for a second or subsequent time are declared to be beyond the normal police services provided by the City or public safety services personnel. E. Remedies Non-Exclusive. Remedies available to the City under this Chapter shall be cumulative and shall not be deemed to be exclusive of each other or of any other remedies available to the City at law or in equity. Any person violating the provisions of this chapter shall be subject to any other legal remedies of the City for abatement of Ordinance No. 951 7 public nuisances as set forth in the code or available under law, including, but not limited to, injunctive relief. F. Limitations on Liability. Notwithstanding anything in this chapter, this chapter shall not be construed to impose liability on a property owner of a premises where five or fewer days have elapsed from the date that notice of posting of the premises was mailed to the property owner pursuant to section 9.48.060; or where the property owner has demonstrated due diligence in abating or removing tenants who violate this chapter and is actively engaged in eviction proceedings or waiting any time period prescribed by law prior to eviction. Additionally, fines and penalties and recovery of response costs, shall not be imposed in those situations where a responsible person calls for assistance from public safety services personnel in order to disperse a loud and unruly gathering or to respond to an actual emergency at the premises. 9.48.080 - Collection of Response Costs; Attorneys' Fees in Abatement Action. A. Debt Owed. The amount of any civil fine and/or response costs under this chapter shall be deemed a debt owed to the City of Rohnert Park by any persons liable under this chapter. In addition to being subject to collection under chapter 1.27 of this code, any person owing such fine and/or cost shall be liable in an action brought in the name of the City for recovery of such fines and/or costs, and subject to all remedies for debt collection allowed by law. B. Attorneys' Fees. Pursuant to Government Code Section 38773.5, in the event that the City initiates an action to abate any violation of this chapter or to recover the costs of abatement, the prevailing party may be awarded reasonable attorneys' fees if the City provides notice at the initiation of the action that the City elects to recover its own attorneys' fees. C. Mailed Statement of Costs. The Department of Public Safety shall mail a statement, in accordance with the requirements of section 1.24.130(A)(2) of this code, imposing payment of response costs. The statement shall include an itemized list of applicable response costs, and shall contain the following information: 1. The name(s) of the person(s) being held liable for the payment of such costs; 2. The address of the residence or other private property where the loud and unruly gathering occurred; 3. The date and time of the response; 4. The public safety service personnel who were present; 5. The date and time of any previous warning given pursuant to Section 9.48.060; 6. An itemized list calculating the response costs for which the responsible person(s) is liable; 7. Information regarding the date payment is due; 8. The right to request an administrative hearing; 9. The possibility of imposition of a lien on the subject property in the event of non- payment; Ordinance No.951 8 D. Duty to Pay. 1. Persons who have been issued a statement of costs shall remit payment of response costs to the City of Rohnert Park within 21 days of the statement date. The duty to pay such costs shall be stayed upon a timely request for an administrative hearing made pursuant to Section 9.48.090. If no administrative hearing is requested, and if payment of the response costs are not remitted within 21 days, such costs shall be subject to penalty and collection procedures as provided in Chapters 1.25 and 1.27 of this code. 2. If following an administrative hearing, the responsible person(s) is determined to be liable for response costs, any deposit of response costs shall be retained by the City. In cases of an approved hardship waiver, the due date for payment of response costs shall be established in the administrative order issued following hearing. 9.48.090 - Administrative Hearings Regarding Response Costs. A. Any person who has been mailed a statement imposing payment of response costs shall have the right to request an administrative hearing in the time and manner set forth in chapter 1.26 of this code. 1. A written request for an administrative hearing must be made within and including 15 days from the mailing or personal service date of the notice of civil cost recovery. A deposit in the same amount as the assessed response costs must accompany the request for hearing. Incomplete requests shall not be accepted. 2. Advance deposit hardship waiver. A person requesting an administrative hearing may request that the city manager or their designee waive the requirement of an advance deposit and issue an advance deposit hardship waiver. The request must be submitted at the time the request for administrative hearing is made, and must include a sworn declaration, together with any supporting evidence demonstrating the person's actual financial inability to deposit the full amount of the response costs. SECTION 5. ACTIONS TO EFFECTUATE AND CODIFICATION The City Clerk is directed to codify this ordinance in a manner which best reflects the legislative intent of the City Council in enacting this ordinance. The City Clerk is directed to resolve any numbering conflicts accordingly. SECTION 6. SEVERABILITY. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section,paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effective no less than 30 days after its adoption, and shall be published or posted as required by law. Ordinance No.951 9 SECTION 8. PUBLICATION The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on August 25, 2020 and DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park on September 08, 2020, by the following roll call vote: C6) 'Fi VC 5+*t,,� NOES: ✓j. UGIc.Qn2re un(� AYES:C vl�Ci mw, S Moov, &40 o IVV I ABSENTr� : 2V ra ABSTAIN: 2Qro CITY OF ROHNERT PARK r Jose T. Callinan, Mayor ATTEST: S u as, City Clerk APPROVED AS TO FORM: Michelle Marchetta Kenyon, City Attorney Ordinance No.951 10 SECTION 8. PUBLICATION The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on August 25, 2020 and DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park on September 08, 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: 4 Michelle Marchetta Ken , City Attorney Ordinance No.951 10 AFFIDAVIT OF POSTING Pursuant to California Government Code $ 36933 and S 40806 Pursuant to Rohneñ Park Municipal Code 1.08.010 STATE OF CALIFORNIA County of Sonoma l, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No.951. Summaryof OrdinancelVo.9Sl AnordinanceollleCityCouncilof theCityof Rohneñ Park repealing chapter 9.48 - "Alcohol offense/Loud parties" and replacíng it in its entirety with chapter 9.48 - "Alcohol offenses, loud and unruly gatherings, and social host accountability" to impose stricter criminal and civil penalties against alcohol orïenses and loud parties was published on 0812812020 and 09/1112020, as required by law, and posted in five (5) public places in said City, to: www.rpcitv.orq for website posting City Hall 130 Avram Avenue Public Safety Main Station 500 City Center Drive Rohnert Park Community Center 5401 Snyder Lane Rohnert Park - Cotati Regional Library 6250 Lynne Conde Way A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park, California 94928 on0812812020 and 0911112020. A Summary of Ordinance No.95l was published in the Community Voice on 0812812020 and 09/1112020 as required by law. Cuevas, City Clerk SS ) ) ) Subscribed and sworn to before me this 1Oth day of November, 2020 \-.?tu;^î:^ -- Mia Âìíla, office Assistant CERTIFICATION OF PUBLICATION IN "The Community VOICE" (Published every Friday) in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OFSONOMA City of Rohnert Park Summary of Ordinance #951 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of Califomia; that The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. I thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park Summary of Ordinance #95 1" of which the annexed is a printed copy, was published in said newspaper at least I consecutive time(s), commencing on the 28 day of August,2020 and ending on the 28 day of August, 2020. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and corect. EXECUTED this 28 day of August, 2020 at Rohnert Park, California Sigred CODE Claudia Smith Chief Clerk proposed 0rdlnance to amend Provislons oftho Rohnort Aceñlfied ofthe and available for review at Hall at 130 Avram and on the webeite at shall bE ln full force ¡nd ordinance was 2020 and i¡ scheduled for August 26, 2020 Sylvla Lopez Cuwa¡, City Clerk Clty of Rohnort Park 28,2020 Voice text ofOrdinanco ls CERTIFICATION OF PUBLICATION IN "The Community VOICE" (Published every Friday) in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OF SONOMA City of Rohnert Park Summary of Ordinance #951 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a ne'wspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of Califomia; that The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said times said newspaper has been established and published in the said City ofRohnert Park, in said County and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park Summary of Ordinance #951" of which the annexed is a printed copy, was published in said newspaper at least I consecutive time(s), commencing on the I 1 day of September,2020 and ending on the 11 day ofSeptemberr,2ÙZo. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and coffect. EXECUTED this 11 day of September, 2020 af Rohnert Park, California Signed Yatin Chief Clerk ËoÊ¡od.o o .9 .!2 Iè ! E o .'! ıoEo a+iic=eoo= @ao Yú. c t¡.t-t- o 0Þcßıc oE6()g 6È oÉ oÉ ß o Bo o oIı ñ G EE6ıo ôè .t2 o .gEo o o 5 oÊ o ooo 6oË Io = ot5 o EG ê o oEF g o IoÊ Eo 6..Ào Ëo EGooÉ=b9>Ð:c(J'=oô oo f- 3R CR ¡b !n oc 3*ÞØ.EeøOgE geqı ËË ãd .eREOFN gË oÀ.3Ë *vËi bE .gc, oèàà600 @ .9I '¿,ã Ë Éo(J d'! o r ËE d ¡ ã E r .E o¡ 6 E oÊ E oNoN oi og EoooØüoıc¡ oNoN dc ı3 .eä *EO! h.EiË ÞHë=c-9ı -69= ı .!¿o> oooceeooozzz CERTIFICATION OF PUBLICATION IN "The Community VOICE" (Published every Friday) in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OF SONOMA City of Rohnert Park Summary of Ordinance #951 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general circulation, publishecl in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE, is and was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Govemment Code; its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said times said newspaper has been established and published in the said City ofRohnert Park, in said County and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and expressing in general terms, the puryort and character of the notice intended to be given; that the "City of Rohnert Park Summary of Ordinance #951" of which the annexed is a printed copy, was published in said newspaper at least I consecutive time(s), commencing on the 1 I day of September, 2020 and ending on the I 1 day of September,2020. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is t¡ue and corect. EXECUTED this 11 day of September, 2020 at Rohnert Park, California Signed Claudia Smith Chief Clerk €ao oÀËoÊ oe.oE q .9 .!¿ Ie! ö E o .9 o Eo!o o+i;cìèoe= oo Ëaå.sı ::E ãOc _-eI Ë.8I tsCÞã.E= 'deðcı=ı3 .säbàã=(o! E'_ã.9 EË ËË qıts>=o9= ãËo> 6! ËËıË _9'Ë Þ .eıË å.à.àØ(JC) @ o .¿ !tg¡!o '3q o o oe! oEo .9ã q¡ !co 5 Ê o¡ dE F eNoN €'6t>å¡oÊq=ãÊÕE Ë.9EgÀts êNoN ot o¡ Eo d U' ö ô oooECE000zzz o LÈ cÊoÉ. o coÌ E6 o o o o èoo do'ı¡o =-ø i5o Eo! 5o oÞ Êı 6 (, ı =I o G ..ÈgËo tdooÉ,:b9 ¿c(J't oo Ê>ã- 8R eR sB3E 3ÊÈØ.Ecøô 9E PoıË ıd .eR<oFN(' N