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2022/12/13 City Council Ordinance 973 AFFIDAVIT OF POSTING Pursuant to California Government Code§36933 and§40806 Pursuant to Rohnert Park Municipal Code 1.08.010 STATE OF CALIFORNIA ) ss County of Sonoma I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No. 973. Ordinance No. 973, an Ordinance of the City Council of the City of Rohnert Park Amending Rohnert Park Municipal Code Sections 9.62.010 Regarding Rentals of City Parks and Recreational Facilities was published on 12/2/2022 and 12/16/2022 as required by law, and posted in five (5) public places in said City, to: www.rpcity.org 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 Senior Center 6800 Hunter Dr A A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park, California 94928 on 12/2/2022 and 12/16/2022. The summary of Ordinance No. 973 was published in the Community Voice on 12/2/2022 and 12/16/2022 as required by law. Sylvia Lopez Cuevas, City Clerk Subscribed and sworn to before me this January 10, 2023 Elizabeth Machado, Assistant City Clerk ROHNFRTRARK CERTIFICATION OF PUBLICATION IN OEC 13 2022, "The Community VOICE" (Published every Friday) CITY Gi-ER,K 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 No. 973 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 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 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 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 No. 973" of which the annexed is a printed copy, was published in said newspaper at least I consecutive time(s), commencing on the 2"d day of December, 2022 and ending on the 2"d day of December, 2022. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED 2id day of December, 2022 at Rohnert Park, California. Signed Claudia Smith Chief Clerk �rgm-aa�,d -c��_ �j°•�L° c� �_orySu no c LU LO F� �_ oar l4 p y� E pv/ ^S' ° w yy b •¢ O �'� 3 . `12 LL.O¢ ei tt g— } m P a m L.i R N •C q W U c �" C a 1y N �"� O 1 9 O W O K M. i0 Zug -N v �. p' ,q pp, a _qp a M11 S C S] . FF�� M e o ~ w U Lia L M.0 a 'V 0,'G !tl y N O C OZ�d .� 3oci ia� g N a n�s� dcm S S F f n O� Z !O Q. laL �co —1, G at+ �ipE �c C G N F Nq; �q O 0c, fyct)l Z Z O �+ 6 W N .�Ti WQO G CCy H N F8 8 N r1 U C OaO~mC¢mNO0.y1yy0 �o�iA��o� Z 2 17i m" c�Wa -LF E " Qr'�,, IN �OyVj dyed �a yco 0. m r�i�a f[ as 0•9 Co ssm �RI W E�i� � y�g' A ga -"2� O �O m w E•�tl �i EyTb'�+p c�i'#v wI°c rn a;=,a' 0 L Os aE is.2-. U o �'m C r n =0 0 roE m�i aria N F4 M m n. 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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 No. 973 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 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 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 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 No. 973" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 16"' day of December, 2022 and ending on the 16" day of December, 2022. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED 16' day of December, 2022 at Rohnert Park, California. Signed 6Quu&-O,�� Claudia Smith Chief Clerk SUMMARY OF ORDINANCE NO. 973, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE SECTIONS 9.62.010 REGARDING RENTALS OF CITY PARKS AND RECREATIONAL FACILITIES Pursuant to Government Cade section 36933{cy, ilia following canslitutes a E of Ordinance No. 973 which was adopted by the Rohnort Park City Council on 0 13. 2022 at Its meeting held in the City Council CIlanibs rs,130 Avram Avanuo, Park. California. The Ordinance vrould amend Rohnert Park Municipal Code section 912.010 to h City Cantor Nam as a location subject to park rules. Additionally, this sectlon of ce would be revised to expressly prohibit Interleronce with pork rentals and picnic rest val Ions granted by the community services department, and would prohibit other not Was besides picklabalf, futsal, or baskatbali an pickleball courts, fulsal courts, ai basketball without first obtaining written permission from the Community Services p partmarn of tho C[ty of Rohnert Park, Additionally, this section of tho municipal coda would be revised to require that gal orings of more than 10 people that are not open to the general public or that roquIre e oluslve use of park space require a permit issued by the Community Setvlc Dope rims n1. This sactlon would also prolilbit the lnatallatlon of any tomporary lmprol mends, amenities, or attractions, such as bounce houses, stages, fencing, sound equl ment, or portable toilets, without a permit. The Code would aulhorlxe ilia Council tome further regulations regarding the Issuance of permits for rentals of parks and park are by resolution. A certified copy of the full text of Ordinance No. 973 is posted and available forrevli In the City Clerk's Office at 130 Avram Avenue, Rohnert Park, California and online IEces_and-.pubifc hearingalpubllc, notices. This ordinance shall be in full force and effective 30 days after adoption, and she published and posted as required by law. This ordinance was introduced by the Cour 61 of the City of Rohnert Park on November22, 2022 and adopted on December 13, 202 DATED: December 14, 2022 Sylvia Lopei Cuevas City Clerk City of Rohnert Park Pub: December 16, 2022 Tlie Communlly Voice ORDINANCE NO. 973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE SECTIONS 9.62.010 REGARDING RENTALS OF CITY PARKS AND RECREATIONAL FACILITIES WHEREAS, City staff have recommend updating the City of Rohnert Park Municipal Code to establish provisions to govern the rental of picnic areas, NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as follows: Section 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this ordinance. Section 2. Amended. Section 9.62.010 of the Rohnert Park Municipal Code is amended in its entirety to read as follows: 9.62.010 -Unlawful acts in public parks and recreation facilities. It is unlawful for any person, entity, firm or corporation to do or commit any of the acts enumerated below in any city park or recreation facility, or at the City Center Plaza: A. To damage, by any means whatsoever, any public property planted, placed, located or otherwise situated in a public park or recreation facility. B. To cut or remove any wood,turf, grass, soil, rock, sand or gravel or any object attached or affixed to land, without written permission of the director of the community services department. C. To release any livestock of any kind on park property with the exception of dogs which shall be permitted pursuant to posted regulations or in accordance with Section 6.14.030 of the Municipal Code. D. To post, place or erect any bills, notice, paper or advertising device of any kind. E. To sell or offer for sale any food or merchandise without a vending permit from the City, except that a vending permit shall not be required of a person or nonprofit organization to sell merchandise making a political, religious, philosophical or ideological message in any area of a park open to the public. A valid vending permit shall be carried by any vendor subject to a permit requirement at all times that person is selling within the city park. Notwithstanding any other provision of the code, violations of requirements set forth in this subsection E or conditions of a vending permit shall only be subject to administrative citation issued pursuant to chapter 1.25 of the code. Administrative fines shall be limited to the maximum fines allowed pursuant to Government Code section 51039(a). Any administrative citations issued shall meet the format requirements set forth in section 1.25.050 and shall also provide notice regarding the ability to seek an ability-to-pay determination in accordance with Government Code section 51039(f). OAK#4840-8897-9349 v1 Ordinance No.973 1 F. To willfully tamper with or damage any water or gas pipes, hydrant, stopcock, sewer, basin or other construction in any park. G. To carry any weapon, including, but not limited to, firearms, airguns, paintball markers, or slingshots. H. To make or kindle a fire except in picnic stoves or other fixtures provided for that purpose, or to camp, except in places designated as such by official action of the city. I. To ride or drive any horse or other animal or any motorized vehicle, cycle or scooter elsewhere other than on the roads or drives provided for such purpose, or to drive a motor vehicle in an erratic or hazardous manner on any park roads, paths or parking area. J. To enter,remain,stay or loiter in the swimming pools in the public parks or the enclosures surrounding said pools at any time when the pools are not open to the public with a lifeguard on duty. K. To play or engage in model airplane flying, driving of golf balls, archery, hardball or any similar games of a hazardous nature except at such places as shall be especially set apart for such purposes. L. To throw or place on or in any park any paper, rubbish, garbage or refuse matter of any kind, unless in a receptacle designed for the purpose, but no person shall deposit household rubbish and garbage in any city park, rubbish or garbage receptacles. M. To possess any beverage container made of glass or to bring, carry, or transport any beverage container made of glass into a city park. N. To possess food or drink in any city recreation facility where there are signs posted prohibiting such items. O. To disregard or disobey the directives of a lifeguard, city staff member, or posted rules while at a city swimming pool. P. To deny or otherwise interfere with the use of a field,park, or facility by an organization or individual with a valid permit or picnic reservation issued by the community services department. R. To engage in any activity other than tennis on tennis courts, pickleball on pickleball courts, basketball on basketball courts, or futsal on futsal courts, without written permission from the community services department. S. To be in custody, control, or otherwise responsible for an off-leash or unconfined dog which initiates an unprovoked attack on any person or animal that causes injury or causes a defensive action to prevent serious injury. T. To be in custody, control, or otherwise responsible for a dog that does not exhibit a valid license. U. To be in custody, control, or otherwise responsible for an off-leash or unconfined dog over six months of age that has not been spayed or neutered. V. To have, possess, carry, sell or consume any alcoholic beverage as defined in Section 9.34.010, unless such person has obtained a permit for possession and/or consumption of OAK U4840-8897-9349 vl Ordinance No. 973 2 alcoholic beverages for a special event as defined in Section 9.34.010, from the director of public safety or his/her designee. W. To offer for sale any service or engage in any form of commercial activity without a commercial activity permit issued by the director of the community services department, except that a commercial activity permit shall not be required (i) to solicit funds or contributions for charitable, educational, philosophical, political, religious, or other ideological purposes, or(ii) for the sale of food or merchandise. X. To participate in, host or organize an activity or event, with more than 10 people that is not open to the public, or to use any park space for exclusive use to the exclusion of the general public for such an event, without a permit from the community services department. Such permit shall be carried by the host or organizer at all times during the time of the event or activity. Y. To erect or install any temporary improvements, amenities, or attractions, including bounce houses, stages, fencing, sound equipment, portalets, without a permit from the community services department. Z. To use a city sports court or sports field between the hours of 10:30 p.m. and 8:00 a.m. No use of sports courts or sports fields is permitted after dark when no permanent lighting is present. Requirements and regulations concerning the issuance of permits referred to in this section, including permits for rental of parks and park areas, may be established by resolution of City Council. Section 2. Environmental Review. The City Council finds 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 Guidelines") because it has no potential for resulting in physical change in the environment, either directly or ultimately. The City Council also finds 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. Section 3. 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 4. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption. Section 5. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on November 22, 2022 and adopted by the Council of the City of Rohnert Park on December 13, 2022, by the following roll call vote: OAK#4840-8897-9349 vl Ordinance No. 973 3 Coiucl;cx L-�o "i195'^r°, (mil AYES: 1 I Ut ) 5-4-v,f.rwv Nta j°i NOES: -Le " @6) ABSENT: CO) ABSTAIN: Z° CO) CITY OF ROHNERT PARK G Ja ie Elwar , Mayor ATTEST: _ Sylvia Lopez Cuevas,C__ er AP OVE AS TO FO helle Marchetta Kenyon, City Attorney OAK#t4840-8897-9349 vi Ordinance No. 973 4