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File Number: 18-370
<br />WHEREAS, the City Council finds that Loud and Unruly Gatherings are detrimental to the
<br />public health, welfare and safety and are contrary to the public interest; and
<br />WHEREAS, the City Council finds and declares that it is the intent of this Ordinance to
<br />protect the public health, safety, general welfare, and quiet enjoyment of residential property,
<br />rather to punish; and
<br />WHEREAS, it is not the intent of the City Council for this Ordinance to apply to peaceful
<br />gatherings or assemblies, such as the protected right to assemble for the purposes of political
<br />and social expression; and
<br />WHEREAS, the City Council finds and declares that persons who actively or passively aid,
<br />abet, or allow Loud and Unruly Gatherings should be held liable for the nuisances created by such
<br />gatherings, including, without limitation, the imposition of civil and administrative fines; and
<br />WHEREAS, the City Council finds that the proposed Ordinance will not result in a direct or
<br />reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the
<br />California Environmental Quality Act Guidelines); and
<br />WHEREAS, this agenda item has been noticed in accordance with the Ralph M. Brown Act
<br />(72 hours in advance of the public meeting) and the item appeared upon the agenda for this
<br />meeting which was duly noticed in accord with the provisions of the City’s Municipal Code.
<br />NOW, THEREFORE, the City Council for the City of San Leandro does ORDAIN as
<br />follows:
<br />SECTION 1. Incorporation of Recitals. The City Council finds that the aforementioned
<br />recitals are all true and correct and are incorporated herein by reference.
<br />SECTION 2. Title 4, Chapter 4-18 of the San Leandro Municipal Code, is amended as
<br />identified on Exhibit “A,” attached hereto and incorporated herein by this reference.
<br />SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph,
<br />sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is
<br />for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not
<br />affect the validity or enforceability of the remaining sections, subsections, subdivisions,
<br />paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other
<br />person or circumstance. The City Council of the City of San Leandro hereby declares that it would
<br />have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase
<br />hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions,
<br />paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable.
<br />SECTION 4. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect
<br />thirty (30) days after adoption. The City Clerk is directed to publish the title once and post a
<br />complete copy thereof on the City Council Chamber bulletin board for five (5) days prior to
<br />adoption.
<br />Page 2 City of San Leandro Printed on 8/28/2018
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