HomeMy Public PortalAboutOrdinance 05-8991
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ORDINANCE NO. 05 -899
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY AMENDING VARIOUS SECTIONS OF ARTICLE III, CHAPTER 5
OF THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO PARKS
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Sections 3500 - 3591 of the Temple City Municipal Code are hereby
amended to read as follows:
PART I — GENERAL
SECTIONS
3500 DEFINITIONS
3500. DEFINITIONS
As used in this Chapter, the following terms shall be defined as set forth herein:
A. Director is the City's Director of Parks and Recreation or the person responsible
for the operations of the Parks and Recreation Department;
B. Park is a park, reservation, playground, beach, recreation center or any other area
in the City owned or used by the City, and devoted to active and passive recreation
including any adjacent parking lots;
C. Vehicle is any wheeled conveyance, whether motor powered, animal -drawn or
self - propelled, including bicycles, skateboards, scooters and similar self - propelled
conveyance. The term shall include any trailer in tow of any size, kind or
description. Exception is made for baby carriages, wheelchairs and any vehicles in
the service of the City. {oro. 86-e97}
D. Civic Center is that area of the City which contains the City Hall, Civic Center
building, Library, and adjacent parking lots.
E. Staff is any employee of the City of Temple City immediately in charge of any
park area and its activities.
PART II - PARK PROPERTY
SECTIONS
3520 DISFIGURATION AND REMOVAL
3521 RESTROOMS AND WASHROOMS
3522 REMOVAL OF NATURAL RESOURCES
3523 ERECTION OF STRUCTURES
3524 INJURY REMOVAL OR PLANTING
3525 CLIMBING UPON PARK PROPERTY
3526 HITCHING OF ANIMALS
3527 HUNTING
3528 FEEDING
3529 POLLUTION OF WATERS
3530 REFUSE AND TRASH
Ordinance No. 05 -899
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3520. DISFIGURATION AND REMOVAL
No person shall willfully mark, deface, disfigure, injure, tamper with or displace or
remove any building, bridges, tables, benches, fireplaces, railings, paving or paving
material, water lines or other public utilities or parts or appurtenances thereof, signs,
notices or placards whether temporary or permanent, monuments, stakes, posts or
other boundary markers, or other structures or equipment, facilities or park property or
appurtenances whatsoever, either real or personal.
3521. RESTROOMS AND WASHROOMS
No person shall fail to cooperate in maintaining restrooms and washrooms in a neat
sanitary condition. No person over the age of six years shall use the restrooms and
washrooms designated for the opposite sex.
3522. REMOVAL OF NATURAL RESOURCES
No person shall dig or remove any sand whether submerged or not, or any soil, rock,
stones, trees, shrubs or plants, downtimber or other wood or materials or make any
excavation by tool, equipment, blasting or other means of agency except upon prior
written approval of the Director.
3523. ERECTION OF STRUCTURES
No person shall construct or erect any building or structure of whatever kind, whether
permanent or temporary in character, or run or string any public service utility into, upon
or across such lands, except upon prior written approval of the Director.
3524. INJURY REMOVAL OR PLANTING
No person shall damage, cut, carve, plant, transplant or remove any tree or plant or
injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person
attach any rope, wire or other contrivance to any tree or plant. A person shall not dig
in or otherwise disturb grass areas or in any other way injure or impair the natural
beauty or usefulness of any area.
3525. CLIMBING UPON PARK PROPERTY
No person shall climb any tree or walk, stand or sit upon any building, structure,
monuments, vases, fountains, railing, fences or gun carriages or upon any other
property not designated or customarily used for such purposes.
3526. HITCHING OF ANIMALS
No person shall tie or hitch any animal to any structure, equipment, facility or park
property.
3527. HUNTING
No person shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw
missiles at any animal, reptile or bird; nor shall he remove or have in his possession the
young of any wild animal, or the eggs or nest, or young of any reptile or bird; nor shall
he collect, remove, have in his possession, give away, sell or offer to sell, or buy or offer
to buy, or accept as a gift, any specimen alive or dead of any of the group of tree snails.
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Ordinance No. 05 -899
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Exception to the foregoing is made in that snakes known to be deadly poisonous such
as rattlesnakes, moccasins, coral snakes or other deadly reptiles, may be killed on
sight.
3528. FEEDING
No person shall give or offer, or attempt to give to any animal or bird or reptile any
tobacco, alcohol or other known noxious substances.
3529. POLLUTION OF WATERS
No person shall throw, discharge or otherwise place or cause to be placed in the waters
of any fountain or pond or other body of water in or adjacent to any park or any storm
sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid,
which will or may result in the pollution of said waters.
3530. REFUSE AND TRASH
No person shall have brought in or shall dump, deposit or leave any bottles, broken
glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash.
No such refuse or trash shall be placed in any waters in or contiguous to any park or left
anywhere on the grounds thereof, but shall be placed in the proper receptacles where
these are provided; where receptacles are not provided all such rubbish or waste shall
be carried away from the park by the person responsible for its presence and properly
disposed of elsewhere.
PART III - TRAFFIC REGULATIONS
SECTIONS
3540 STATE MOTOR VEHICLE LAWS APPLY
3541 ENFORCEMENT OF TRAFFIC REGULATIONS
3542 TRAFFIC SIGNS
3543 SPEED OF VEHICLES
3544 DELETED
3545 PARKING, DESIGNATED AREAS
3546 DELETED
3547 IMMOVABLE VEHICLES
3548 VEHICLE PARKING
3549 DELETED
3550 DOUBLE - PARKING
3551 DELETED
3552 BICYCLES CONFINED TO ROAD
3553 OPERATION OF BICYCLES
3554 RIDER PROHIBITED
3555 DESIGNATED RACKS
3556 IMMOBILE
3557 NIGHT OPERATION
3540 STATE MOTOR VEHICLE LAWS APPLY
No person shall fail to comply with all applicable provisions any City, county or state
vehicle codes or traffic laws in regard to equipment and operation of vehicles together
with such regulations as are contained in this and other ordinances.
Ordinance No. 05 -899
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3541. ENFORCEMENT OF TRAFFIC REGULATIONS
No person shall fail to obey all traffic officers and park employees, such persons being
hereby authorized and instructed to direct traffic whenever and wherever needed in the
parks and on the highways, streets or roads immediately adjacent thereto in accordance.
with the provisions of these regulations and such supplementary regulations as may be
issued subsequently by the Director.
3542. TRAFFIC SIGNS
No person shall fail to observe carefully all traffic signs indicating speed, direction,
caution, stopping, or parking and all others posted for proper control and to safeguard
life and property.
3543. OPERATION OF VEHICLES
No person shall ride or drive a vehicle on any area except the paved park roads or
parking areas or such other areas as may on occasion be specifically designated as
temporary parking areas by the Director.
3544. DELETED
3545. PARKING. DESIGNATED AREAS
All persons shall park a vehicle only in an established or designated parking area, and
such use shall be in accordance with the posted directions there at and with the
instructions of an attendant who may be present.
3546. DELETED
3547. IMMOVABLE VEHICLES
It shall be unlawful to leave any vehicle anywhere in the park so that such vehicle
cannot readily be moved by hand.
3548. VEHICLE PARKING
No private vehicle shall be parked in any park area including parking Tots between the
hours of 10:00 P.M. and 6:00 A.M., without the written consent of the Director or other
authorizing City Official. Vehicles left unattended between 10 p.m. and 6 a.m. may be
towed. No vehicles shall enter upon any park property except legally established
driveways or parking areas, without the written consent of the Director or other
authorized City Official.
3549. DELETED
3550. DOUBLE - PARKING
No person shall double -park any vehicle on any road or parkway unless directed by
staff.
3551 DELETED
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Ordinance No. 05 -899
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3552. BICYCLES CONFINED TO ROAD
No person shall ride a bicycle on other than a paved vehicular road or path designated
for the purpose unless pursuant to a supervised activity approved in writing by the
Director or by the Department of Parks & Recreation. A bicyclist shall be permitted to
wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved
area reserved for pedestrian use.
3553. OPERATION OF BICYCLES
No person shalt ride a bicycle other than on the right hand side of the road paving as
close as conditions permit, and bicycles shall be kept in a single file when two or more
are operating as a group. Bicyclists shall at all times operate their machines with
reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle
they are overtaking, and pass to the right of any vehicles they may be meeting. Safety
equipment shall be worn as required by law.
3554. RIDER PROHIBITED
No person shall ride any other person on a bicycle.
3555. DESIGNATED RACKS
No person shall leave a bicycle in a place other than a bicycle rack when such is
provided and there is a space available.
3556. IMMOBILE
No person shall leave a bicycle lying on the ground or paving, or set against trees, or in
any place or position where other persons may trip over or be injured by them.
3557. NIGHT OPERATION
No person shall ride a bicycle on any road between 30 minutes after sunset or before 30
minutes before sunrise without an attached headlight plainly visible at least two hundred
(200) feet in front of and without a red tail -light or red reflector plainly visible from at least
one hundred (100) feet from the rear of such bicycle.
PART IV - PARK ACTIVITIES
SECTIONS
3560 DESIGNATED SWIMMING AREAS
3561 HOURS
3562 COSTUME
3563 BATH HOUSES
3564 HUNTING AND FIREARMS
3565 PICNIC AREAS AND USE
3566 CAMPING
3567 GAMES
3568 HORSEBACK RIDING
3569 BEHAVIOR
3570 MERCHANDISING, ADVERTISING AND SIGNS
Ordinance No. 05 -899
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3560. DESIGNATED SWIMMING AREAS
No person shall swim, bathe or wade in any waters or water -ways in or adjacent to any
park, except in such waters and at such places as are provided therefore, and in
compliance with such regulations as are herein set forth or may be hereafter adopted.
Nor shall any person frequent any waters or places customarily designated for the
purpose of swimming or bathing, or congregate thereat when such activity is prohibited
by the Director upon a finding that such use of the water would be dangerous or,
otherwise inadvisable.
3561. HOURS
No person shall frequent any waters or places designated for the purpose of swimming
or bathing, or congregate thereat, except between such hours of the day as shall be
designated by the Director for such purposes for each individual area.
3562. COSTUME
No person shall be so attired in a bathing suit as to allow for the indecent exposure of
such person.
3563. BATH HOUSES
No person shall disrobe for the purpose of changing clothes either in the park, in any
vehicle, toilet or other place, except in such structures as may be provided for that pur-
pose.
3564. HUNTING AND WEAPONS
No person shall hunt, trap or pursue wild life at any time. No person shall use, carry or
possess firearms of any description, or air - rifles, spring -guns, bow- and - arrows, slings,
swords, knives, or other forms of weapons potentially inimical to wild life and dangerous
to human safety, or any instrument that can be loaded with and fire blank cartridges, or
any kind of trapping device EXCEPT such activities as shall be approved in writing by
the Director or by the Temple City Department of Parks and Recreation. Shooting into
park areas from beyond park boundaries is forbidden.
3565. PICNIC AREAS AND USE
Use of picnic areas shall be subject to the following conditions and provisions:
A. All persons shall picnic or lunch only in those areas designated for that purpose.
Attendants shall have the authority to regulate the activities in such areas when
necessary to prevent congestion and to secure the maximum use for the comfort
and convenience of all. Visitors shall comply with any directions given to achieve
this end;
B. Use of the individual fireplace together with tables and benches follows generally
the rule of "first come, first served," subject to the exception that the tables in
accordance with such rules of practice as said department shall adopt, but which
rules shall be subject to such change, addition or modification as the City Council
shall by resolution adopt;
C. No person shall use any portion of the picnic areas or of any of the buildings or
structures therein for the purpose of holding picnics to the exclusion of other
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persons, nor shall any person use such area and facilities for an unreasonable time
if the facilities are crowded;
D. No person shall leave a picnic area before the fire is completely extinguished and
before all trash in the nature of boxes, papers, cans, bottles, garbage and other
refuse is placed in the disposal receptacles where provided. If no such trash
receptacles are available, then refuse and trash shall be carried away from the
park area by the picnicker to be properly disposed of elsewhere.
3566. CAMPING
No person shall set up tents, shacks or any other temporary shelter for the purpose of
overnight camping, nor shall any person leave in a park after dosing hours any movable
structure or special vehicle to be used or that could be used for such purpose, such as .
house - trailer, camp - trailer, camp -wagon or the like EXCEPT upon the written approval
of the Director.
3567. GAMES
No person shall take part in or abet the playing of any games involving thrown or
otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes
except in areas set apart for such forms of recreation. The playing of rough or
comparatively dangerous games such as football, baseball and quoits, or games that
may cause damage to the facilities, is prohibited except on the fields and courts or
areas provided thereof. {Ord. 98 -816}
3568. HORSEBACK RIDING
No person shall ride a horse within the park area except upon written approval of the
Director.
3569. BEHAVIOR
No person in a park or civic center shall, except as express written permission is
granted by the Parks and Recreation Commission:
A. Have brought alcoholic beverages nor shall any person drink alcoholic beverages
at any time in the park (except as provided for in section 4400);
B. Have entered or be under the influence of intoxicating liquor or narcotics, both as
defined by the Penal Code of the State of California;
C. Brought, or have in his possession or set off or otherwise cause to explode or
discharge or burn, any firecrackers, torpedo, rocket or other fireworks or explosives
of inflammable material or discharge them or throw them into any such area from
land or highway adjacent thereto. This prohibition includes any substance
compound, mixture or article that in conjunction with any other substance or
compound would be dangerous from any of the foregoing standpoints;
D. Have been responsible for the entry of a dog or other domestic animal into areas
other than automobile parking concourses and walks immediately adjacent thereto,
and in such other areas as may be clearly marked by signs bearing the words
"Domestic Animal Permitted in this Area." Nothing herein shall be construed as
permitting the running of dogs at large. All dogs in those areas where such animals
Ordinance No. 05 -899
Page 8
are permitted shall be restrained at all times on adequate leashes not greater than
4 feet in length;
E. Occupy any seat or bench, or enter into or loiter or remain in any pavilion or other
park structure or section thereof which may be reserved and designated for the use
of the opposite sex. Exception is made for children under 6 years of age;
F. Appear at any place in other than proper clothing;
G. Shall solicit alms or contributions for any purpose whether public or private except
that the Department of Parks and Recreation may in writing approve "passing the
hat" at Little League baseball games and such other solicitation as the Department
may deem worthwhile;
H. Building or attempt to build a fire except in such areas and under such regulations
as may be designated by the Director. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco paper or other
inflammable material, within any park area or on any highway, road or street
abutting or contiguous thereto;
I. Enter an area posted as "Closed to the Public" nor shall any person use, or abet
the use of any area in violation of posted notices;
J. Gamble or participate in or abet any game of chance;
K. Engage in loud, boisterous, threatening, abusive, insulting or indecent language, or
engage in any disorderly conduct or behavior tending to a breach of the public
peace;
L. Fail to produce and exhibit any permit from the Director he claims to have, upon
request of any authorized person who shall desire to inspect the same for the
purpose of enforcing compliance with any ordinance or rule;
M. Disturb or interfere unreasonably with any person or party occupying any area or
participating in any activity, under the authority of a permit;
N. No person shall ride wheeled toys in a park, civic center or in adjacent parking lots;
{Ord. 98 -816}
O. No person shall operate a remote control vehicle in a park; {0rd.98 -816}
P. No person shall have brought in, procured or be responsible for carnival type
attractions including moon bounces or similar type attractions. {om.86 -597} {Ord. 98 -816}}
3570. MERCHANDISING, ADVERTISING AND SIGNS
No person in a park shall:
A. Expose or offer for sale any article or thing, nor shall he station or place any stand,
cart or vehicle for the transportation, sale or display of any such article or thing.
Exception is here made as to any concessionaire who may be authorized in writing
to do so act under the authority and regulation of the Director. Pursuant to Section
4815, food carts, wagons or stands (including ice cream vendors) are prohibited
within three hundred (300) feet of the nearest property tine of any public park; {ord.
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Ordinance No. 05 -899
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B. Announce, advertise or call the public attention in any way to any article of service
for sale or hire, except as express written permission is granted therefor by the
Parks and Recreation Commission to further any charitable or worthy cause;
C. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription
whatever, nor shall any person erect or cause to be erected any sign whatever on
any public lands or highways or roads adjacent to a park, except as express written
permission is granted therefor by the Parks and Recreation Commission to further
any charitable or worthy cause.
PART V - OPERATIONS POLICY
SECTIONS
3580 HOURS
3581 CLOSED AREAS
3582 PERMITS
3583 PUBLIC STORAGE
3584 ENFORCEMENT
3585 EJECTMENT
3586 SEIZURE OF PROPERTY
3587 DELETED {Ord. 98 -816}
3588 LOITERING
3589 RULES AND REGULATIONS
3590 DELETED {Ord. 98-816)
3591 PARK FACILITY UTILIZATION AND UTILITY FEES
3580. HOURS
Except for unusual and unforeseen emergencies or specific holidays designated by the
Director parks shall be open to the public every day of the year during designated hours.
The opening and closing of each individual park shall be posted therein for public
information. (Ord. 98 -816}
Notwithstanding any other provisions of the Temple City Municipal Code, all municipally
owned parks and recreation areas of the City shall be closed between the hours of
10:00 p.m. and 6:00 a.m. The Parks and Recreation Director of the City may, from time
to time, authorize in writing group recreational activities to continue after 10:00 p.m. {Ord.
98-816)
3581. CLOSED AREAS
Any section or part of any park may be declared closed to the public by the Director at
any time and for any interval of time, either temporarily or at regular and stated intervals
(daily or otherwise) and either entirely or merely to certain uses, as the Director shall
find reasonably necessary.
3582. PERMITS
All organized and /or scheduled use of park facilities require that an application for said
use shall be filed with the Parks and Recreation Department. Reserved use of city
athletic fields shall be limited to organizations and groups with 51 % or more of Temple
City residents as verified by membership rolls and /or team rosters. {Ord. 93-735) (Ord. 98 -816)
{Ord. 03-890) {Ord. 04-893)
Ordinance No. 05 -899
Page 10
A person seeking issuance of a permit hereunder shall file an application with the
appropriate Director. The application shall state:
1. The name and address of the applicant;
2. The name and address of the person, persons, corporation or association
sponsoring the activity, if any;
3. The day and hours for which permit is desired;
4. The park or portion thereof for which such permit is desired;
5. An estimate of the anticipated attendance;
6. Any other information, which the Director shall find reasonably necessary to a
fair determination as to whether, a permit should be issued hereunder.
B. The Director shall issue a permit hereunder when he finds:
1. That the proposed activity or use of the park will not unreasonably interfere with
or detract from the general public enjoyment of the park;
2. That the proposed activity and use will not unreasonably interfere with or
detract from the promotion of public health, welfare, safety and recreation;
3. That the proposed activity or use is not reasonable anticipated to incite
violence, crime or disorderly conduct;
4. That the proposed activity will not entail unusual, extraordinary or burdensome
expense or police operation by the City.
5. That the facilities desired have not been reserved for other use at the day and
hour required in the application.
C. A fee shall be paid in such amount as shall be set by the City Council in a
Resolution adopted by the City Council at a regular meeting;
D. Within 20 days after receipt of an application the Director shall apprise an applicant
in writing his reasons for refusing a permit, and any aggrieved person shall have
the right to appeal in writing within 10 days to the Parks and Recreation
Commission, which shall consider the application. Any aggrieved person shall
have the right to appeal a Parks and Recreation Commission decision in writing
within 10 days to the City Council. The decision of the City Council shall be final;
{Ord. 93 -735} (Ord. 01 -861)
E. A permittee shall be bound by all park rules and regulations and all applicable
ordinances fully as though the same were inserted in said permits;
F. The person or persons to whom a permit is issued shall be liable for any loss,
damage or injury sustained by any person whatever by reason of the negligence of
the person or persons to whom such permit shall have been issued;
G. The Director shall have the authority to revoke a permit upon a finding of violation
of any rule or ordinance, or upon good cause shown.
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3583. PUBLIC STORAGE
The Parks and Recreation Director is hereby authorized to provide on an as available
basis storage for private personal property belonging to permittee groups used in
connection with use of park facilities, but any personal property so stored shall be
without liability of the City for any loss or damage which may occur. {ord. 98 -816}
3584. ENFORCEMENT
The Director and park attendants shall, in connection with their duties imposed by law,
diligently enforce the provisions of this Chapter.
3585. EJECTMENT
The Director and any park attendant shall have the authority to eject from the park any
person acting in violation of this Chapter.
3586. SEIZURE OF PROPERTY
The Director and any park attendant shall have the authority to seize and confiscate any
property, thing or device in the park or used in violation of this Chapter.
3587. DELETED (Ord. 98-8161
3588. LOITERING
No person shall enter or remain in any public park or recreation area within the City at
anytime between the hours of 10:00 p.m. and 6:00 a.m., except as authorized by the
Parks and Recreation Director under Section 3580 hereof. No person shall loiter
outside of a recreation center while an activity is conducted therein as to which such
person is not eligible to participate. {ordV -860}
3589. RULES AND REGULATIONS
All persons entering a City Park, Playground, Building, Facility, Court, Water Area or
Sports Field shall adhere to all rules and regulations, whether posted or not, governing
the use of said area, and such supplementary regulations as may be issued
subsequentiyby the Director. The first violation by any person of any rule or regulation
shall be. deemed an infraction; and subsequent violation shall be deemed a
misdemeanor punishable in the manner provided in this Municipal Code. {ord. 84-552}
3590. DELETED {Ord. 90 -678} {Ord. 98 -816}
3591. PARK FACILITY UTILIZATION AND UTILITY FEES (Ord. 97-801}
A. The City Council shall establish fees for non - scheduled utilization of park facilities
and utility use. Such fees shall be set by City Council resolution in an amount not
to exceed the actual cost incurred by the City of reasonable estimated cost.
B. Park facilities shall include buildings, patio areas, playgrounds, tennis courts,
basketball courts, athletic fields, designated picnic areas, vehicle parking Tots and
all open space within park boundaries.
Ordinance No. 05 -899
Page 12
C. Utilities shall include water, gas, electrical power, and operation of lighting systems
for patio areas, playgrounds, tennis courts, basketball courts, athletic fields,
designated picnic areas, vehicle parking lots and all open space within park
boundaries.
D. The Director shall be responsible for fee collection and determining the method of
collection, which may include the installation of coin meters to control the operation
of utility systems.
SECTION 2. The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published according to law.
PASSED, APPROVED AND ADOPTED on this 19th day of July, 2005.
ATTEST:
144,,,,Cua„
CityCity C
MAYOR
I, City Clerk of the City of Temple City, hereby certify that the foregoing ordinance,
Ordinance No. 05 -899, was introduced at the regular meeting of the City Council of the City of
Temple City held on the 5th day of July, 2005 and was duly passed, approved and adopted by
said Council at the regular meeting held on the 19th day of July, 2005 by the following vote:
AYES: Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
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