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10 Staff Report - Amending Town Code Repealing Chapter 23, Article 1, Section 23.10.035SOWN OF MEETING DATE: 08-17-2009 !ps ~GA:~pS AGENDA ITEM: COUNCIL AGENDA REPORT DATE: AUGUST 5, 2009 TO: MAYOR AND TOWN COUNCIL PROM: ORRY P, KORB, TOWN ATTORNEY/ SUBJECT: INTRODUCE ORDINANCE AMENDING TOWN CODE, BY REPEALING CHAPTER 23, ARTICLE I, SECTION 23.10.035-"BALL PLAYING IN STREETS" RECOMMENDATION: a. Direct the Clerk Administrator to read the title. b. Waive the reading, c. Introduce the ordinance and instruct the Clerk Administrator to publish a summary no less than five days prior to adoption. BACKGROUND: The Police Department advised the Town Attorney that Town Code Section 23.10.035, prohibiting ball playing in streets, is antiquated and should be repealed. DISCUSSION: Introduction of the ordinance will initiate the process of repealing Section 23.10.035. Once introduced, the ordinance will be returned at a subsequent meeting for final adoption. It would become effective 30 days thereafter. Attachments: Proposed Ordinance PREPARED BY: ORRY P. KORB, TOWN ATTORNEY Reviewed by: own Manager tLtyAssistant Town Manager Clerk Finance Community Development ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE I. OF CHAPTER 23 OF THE LOS GATOS TOWN CODE BY REPEALING SECTION 23. 10.035, KNOWN AS "BALL PLAYING IN STREETS" WHEREAS, the Town Council desires to repeal a section in the Town Code providing for no person to throw, catch, bat or in any manner play ball in any street or alley within the Town, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS: SECTION 1. The Town Council of the Town of Los Gatos hereby amends Chapter 23 Article I of the Town Code by repealing Section 23. 10. 035, also 'known as "Ball Playing in Streets." SECTION II. This Ordinance takes effect 30 days after the date it is adopted. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August , 2009 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on August , 2009. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERIC ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA