HomeMy WebLinkAboutStaff Report 37702
CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY
November 12, 2013
The Honorable City Council
Palo Alto, California
Second Reading of Ordinance of the Council of the City of Palo Alto
Adding Chapter 9.64 (Regulation of Community Facilities) of Title 9
(Public Peace, Morals, and Safety) to include Section 9.64.010 – Use of
Community Facilities Prohibited from 10:30pm to Sunrise (First
Reading; September 30, 2013, PASSED: 5-1-1 Holman no, Berman
abstaining, Kniss, Price absent)
Staff Recommendation
On September 30, 2013, the Council adopted the attached Community Facilities Closure
Ordinance (Ordinance No. 5209), adding Section 9.61.020 to the Palo Alto Municipal Code –
Overnight Use of Community Facilities Prohibited.
A final version of the Ordinance No. 5215 is now before Council on second reading. Note that a
minor amendment to the Ordinance has been to correct the section citation to the Palo Alto
Municipal Code – 9.64.010.
The final ordinance is attached hereto as Attachment A.
ATTACHMENTS:
Attachment A - Community Facilities Closure Ordinance (PDF)
Department Head: City Attorney,
Page 2
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ORDINANCE NO. 5215
Ordinance of the Council of the City of Palo Alto Adding
Chapter 9.64 (Regulation of Community Facilities) of Title 9 (Public Peace, Morals, and Safety)
to include Section 9.64.010 – Use of Community Facilities Prohibited from 10:30pm to Sunrise
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
follows:
(a) The City Council hereby updates Title 9 of the Palo Alto Municipal Code to
provide for overnight closure of public libraries, community centers, theaters,
interpretive buildings, the Art Center and Civic Center Plaza is essential to
maintain and promote the public health, safety and welfare, to provide for the
continued effective management of public property, and to provide for the
continued enjoyment and accessibility of public property by all Palo Alto
residents and the public at large; and
(b) The overnight use of public libraries, community centers, theaters, interpretive
buildings, the Art Center and Civic Center Plaza causes the City to incur
increased costs for policing, maintenance, sanitation, garbage removal, animal
control, and other problems which may arise; and
(c) The overnight use of public libraries, community centers, theaters, interpretive
buildings, the Art Center and Civic Center Plaza hinders public access to the
services provided at those facilities; and
(d) Public libraries, community centers, theaters, interpretive buildings, the Art
Center and Civic Center Plaza are not intended for overnight use, during hours
when the grounds are unstaffed and unmonitored, which creates a risk to the
health, safety, and welfare of those persons on the grounds, as well as the
public at large.
SECTION 2. Section 9.64.010 (Use of Community Facilities Prohibited from
10:30pm to Sunrise) of Chapter 9.64 (Regulation of Community Facilities) of Title 9 (Public
Peace, Morals, Safety) of the Palo Alto Municipal Code is hereby added to read as follows:
“9.64.010 Use of Community Facilities Prohibited from 10:30pm to Sunrise
No person shall use, remain in or enter any Community Facilities between 10:30pm
and sunrise, other than a duly authorized city employee or persons participating in
city-sponsored activities or other activities for which the city has provided written
permission to utilize the grounds beyond the closing time, provided however that
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the additional closure of specific facilities during portions of the day or the year
may be specified by the City Manager or his or her designee.
For the purposes of this chapter, “Community Facilities” means all buildings and
premises of City of Palo Alto Libraries, the Cubberley Community Center, Lucie
Stern Community Center, Children's Theatre, Community Theatre, Junior Museum
& Zoo, Mitchell Park Community Center and Field House, Art Center, Peers Park
Field House, Lucy Evans Baylands Nature Interpretive Center, Pearson Arastradero
Preserve Gateway Center, Foothills Park Interpretive Center, and Civic Center Plaza,
(as defined in Municipal Code Section 9.60.020(b)), but not any land dedicated for
park use.”
SECTION 3. This ordinance shall be effective on the thirty-first day after the
date of its adoption. Upon the effective date of this ordinance, the prior version of the
Community Facilities Closure Ordinance (Ordinance No. 5209), adding Section 9.61.020 to the
Palo Alto Municipal Code – Overnight Use of Community Facilities Prohibited, is hereby
repealed and shall be of no further force and effect.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of Administrative
Services