2025/07/22 City Council Ordinance 988 URGENCY ORDINANCE NO. 988
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE
TITLE 9,ARTICLE VII, CHAPTER 9.72, SECTION 9.72.010 TO EXPAND
THE DEFINITION OF "TOBACCO PRODUCTS" AND CHAPTER 9.76,
SECTIONS 9.76.020, 9.76.030 AND 9.76.050 TO MODIFY THE HOURS
DURING WHICH THE LOITERING OF MINORS IS PROHIBITED
WHEREAS, the City of Rohnert Park's public safety ordinances contained in Rohnert
Park Municipal Code Title 9, Chapter 9.72 prohibits the sale of tobacco products to minors and
Chapter 9.76 prohibits minors, in relevant part, from loitering in public spaces during specific
hours on school days to protect minors from known health consequences and potential criminal
and illegal influences; and
WHEREAS, the City has a compelling interest to prohibit the sale of various tobacco
products to minors who are specially targeted by tobacco product manufacturers for sales of e-
cigarettes and vaping products, which the Centers for Disease Control stated pose a greater
threat to young people because of their higher concentrations of nicotine and the social
pressures to start and continue vaping; and
WHEREAS, the urgency of protecting youth from nicotine addiction has become a
serious and ongoing public health concern, both nationally and locally in the City of Rohnert
Park; and
WHEREAS, the City accordingly aims to amend the definition of"tobacco products"
set forth in Section 9.72.010 to include e-cigarettes, vaporizers and other vaping products,
which are new tobacco products on the market that target young consumers; and
WHEREAS,the City has a compelling interest to protect minors with juvenile curfew
ordinances containing reasonable exceptions, because law enforcement and community
stakeholders have reported an increase in fighting,shoplifting,burglary,vandalism,graffiti and
gang activity during these hours; and
WHEREAS, these activities have raised concerns about public safety and the need for
enhanced youth supervision during school hours to protect both the public and the minors
themselves; and
WHEREAS, the current ordinance does not accurately reflect the ordinary hours of
school days in the Cotati-Rohnert Park Unified School District when school is in session,
consequently, the Rohnert Park Municipal Code needs to be amended to reflect actual school
hours when the enhanced supervision is needed; and
WHEREAS, the City accordingly aims to amend Chapter 9.76, Sections 9.76.020,
9.76.030 and 9.76.050 to extend daytime anti-loitering hours to match the hours for which
school is in session from between 8:30 a.m. and 1:30 p.m. to between 8:30 a.m. and 3:30 p.m.
on school days which will limit the presence of minors in public spaces during school hours;
and
WHEREAS, amending Title 9,Article VII of the Rohnert Park Municipal Code as shown
below will allow the City to better regulate youth and public safety, by amending the definition
of tobacco products to better address the growing dangers that e-cigarettes and vaporizers pose to
young people and, second, to extend the supervision of minors and children subject to
compulsory education during standard school hours, thus, ensuring compliance with educational
attendance requirements and improving enforcement consistency; and
WHEREAS,these amendments further aim to reduce opportunities for gang recruitment
and criminal activity in areas near schools; and
WHEREAS, the Cotati-Rohnert Park Unified School District's academic year begins on
August 13, 2025, this ordinance is thus urgently needed for the immediate preservation of public
peace, health and safety as the school year begins; and
WHEREAS, the staff report and this ordinance provide support and facts constituting the
urgency; and
WHEREAS, the need to adopt this ordinance as an urgency ordinance is necessary for the
immediate preservation of the public peace, health or safety and must be passed by a four-fifths
vote of the city council.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions set forth in
Government Code Section 36937(b) and pursuant to other applicable law.
SECTION 2. Urgency Declared. In accordance with the authority granted the City under
Government Code section 36937(b), and pursuant to the findings stated herein, the City
Council hereby finds (1) that there exists a current and immediate threat to the public health,
safety, and welfare requiring this change in the City's regulations governing the definition of
tobacco products and the hours during which the loitering of minors is prohibited, (2)that this
ordinance is necessary for the immediate preservation of the public peace, health, and safety
as set forth herein, and(3)that, therefore, this ordinance shall take effect immediately.
SECTION 3. Title 9"Public Peace, Morals and Welfare,"Article VII "Offenses By or Against
Minors," Chapter 9.72 "Regulation of Sale of Tobacco Products to Minors," Section 9.72.010
"Definitions" of the Rohnert Park Municipal Code is hereby amended to read as follows.
Deletions are shown as striketlhreutgh and additions are shown in underline:
CHAPTER 9.72-REGULATION OF SALE OF TOBACCO PRODUCTS TO
MINORS
9.72.010—Definitions.
"Tobacco products"means any tobacco cigarette, cigar, e-cigarette,pipe tobacco,
smokeless tobacco (chewing tobacco and snuff), vaporizer and other vaping products,
or any other form of tobacco which may be utilized for smoking, chewing, inhalation
or other manner of ingestion.
SECTION 4. Title 9 "Public Peace, Morals and Welfare,"Article VII "Offenses By or Against
Minors,"Chapter 9.76"Curfew,"Sections 9.76.020,9.76.030 and 9.76.050 of the Rohnert Park
Municipal Code are hereby amended to read as follows:
9.76.020 - Loitering of minors prohibited.
It is unlawful for any minor under the age of eighteen years to loiter, idle, wander or to
aimlessly remain, without any visible purpose, reason or explanation for such conduct,
Ordinance No.988
Page 2 of 4
upon the public streets, highways, roads, alleys, parks, playgrounds or other public
grounds, public places, and public buildings,places of amusement and entertainment,
vacant lots or unsupervised places between the hours of eleven p.m. and six a.m. and
between the hours of eight-thirty a.m. and one-thirty three-thirty p.m. on days when
school is in session.
9.76.030 - Daylight loitering prohibited.
It is unlawful for any minor under the age of eighteen years, who is subject to
compulsory full time education or subject to compulsory continuation education to loiter,
idle, wander or to aimlessly remain without any visible purpose, reason or explanation for
such conduct, upon the public streets, highways, roads, alleys, parks, playgrounds, or
other public grounds, public places and public buildings,places of amusement or
entertainment, vacant lots between the hours of eight-thirty a.m. and one-thirty three-
thirty p.m. on days when school is in session.
9.75.050 - Responsibility of the parents.
It is unlawful for the parent or guardian or other adult person having the care and custody
of a minor child under the age of eighteen years, to knowingly permit such a minor to
loiter, idle, wander or aimlessly remain without any visible purpose, reason or
explanation for such conduct, upon the public streets, highways, roads, alleys, parks,
playgrounds or other public grounds, public places, and public buildings, places of
amusement and entertainment, vacant lots or unsupervised places between the hours of
eleven p.m. and six a.m. and between the hours of eight-thirty a.m. and one-thirt,y three-
thirty p.m. on days when school is in session.
SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences,clauses or phrases
may be declared unconstitutional or otherwise unenforceable.
SECTION 6.Effective Date.This urgency ordinance is enacted under California Government
Code sections 36934 and 36937(b). This Ordinance is urgent to meet the needs of the public
and minors beginning with the start of the new school year on August 13, 2025, and shall be
effective immediately after its adoption, upon a four-fifths vote.
SECTION 7. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
This ordinance was passed, approved and adopted by the Council of the City of Rohnert Park
on July 22, 2025 by the following roll call vote:
AYES:Gour i rnarktts El ward a4-xl cod i e.z-, Vices -ynr Cal ice- C")
NOES: 1.i(7rw C �)
ABSENT:Ciovrlcilm,em' S C
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ABSTAIN: , - C 45�
CITY •pe`;y0g4 ' ;`
Ge !' ayor
Ordinance No.988
Page 3 of 4
ATTEST:
Elizabeth Machado, Assistant City Clerk
AP V T •
Mi h 1 e ar ett en , City Attorney
STATE OF CALIFORNIA ) CITY CLERK'S CERTIFICATION OF
COUNTY OF SONOMA ) ss. THE ADPOTION OF ORDINANCE
CITY OF ROHNERT PARK )
I, Elizabeth Machado, Assistant City Clerk of the City of Rohnert Park, do hereby certify
that the foregoing Ordinance No. 988 was introduced and adopted, as an urgency measure
pursuant to California Government Code section 36937 (b), at a regular meeting of the City
Council on the 22nd day of July, 2025 by the following roll-call vote:
AYES:C..xx)11Cttcne(Ytt°r ( g ,rd cwid OJAI-iTuez, Vice . c� S«�1a.� n ��ewtc�' &c,41tiu-c`-9J
NOES: 1.101.e, ( 46)
ABSENT: OW(ICA brY1 fl( . CI J
ABSTAIN: NMF., C C )
Elizabeth Machado,
Assistant City Clerk
Ordinance No. 988
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