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Ordinance 23-28ORDINANCE NO.23-28 AN ORDINANCE OF THE CITY OF EASTVALE, AMENDING SECTION 8.52.020 OF THE EASTVALE MUNICIPAL CODE TO MAKE PRIVATE EVENTS HELD ON GOVERNMENTAL PROPERTY SUBJECT TO THE CITY"S NOISE REGULATIONS WHEREAS, Chapter 8.52 of the Eastvale Municipal Code establishes noise regulations applicable throughout the City; and WHEREAS, facilities owned or operated by or for a governmental agency are exempt from the City's noise regulations; and WHEREAS, there are governmental facilities within the City that can be rented out for private functions and it is in the public's interest to ensure that such functions abide by the City's noise regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. Section 8.52.020 (Exemptions), paragraph (1) is amended to read as follows: "(1) Facilities owned or operated by or for a governmental agency, except to the extent that the noise is emanating from a nongovernmental use of the facility, including but not limited to events noise generated by events held by third parties renting the facility." SECTION 3. This ordinance is not subject to review under the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 Cal. Code Regs § 15061 (b)(3)). SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Eastvale' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED AND ORDAINED this 10th day of January, 2024. APPROVED AS TO FORM: Erica Vega City Attorney Christian Dinco Mayor ATTEST: Alp Marc A. o ohue, MMC City Clerk/Communications Director STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) § CITY OF EASTVALE ) I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-28, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 13th day of December 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 10t' day of January, 2024, by the following vote: AYES: Councilmembers Lorimore, Rigby, Yow, Mayor Pro Tern McMinn, and Mayor Dinco NOES: ABSENT: ABSTAIN: Marc A. Donohue, MMC City Clerk/Communications Director