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HomeMy WebLinkAboutORD-19-92 Repeal Ch 12.48 Title 12 & Add Revised Version for Park RegulationsORDINANCE NO. 19- 92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING CHAPTER 12.48 OF TITLE 12 OF THE ORANGE MUNICIPAL CODE AND ADDING COMPLETELY REVISED CHAPTER 12. 48 TO TITLE 12 PERTAINING TO PARK REGULATIONS.WHEREAS, the Community Services Department of the City of Orange has determined that extensive revision is necessary to eliminate outdated and contradictory provisions of Chapter12.48 of Title 12 of the Orange Municipal Code and, in particular,any deficiencies contained within the permit procedures; and WHEREAS, to update the provisions thereof and to standardize the format to increase readability, the Community Services Department of the City of Orange has undertaken to substantially revise and prepare a new City of Orange Park Ordinance for adoption.NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:Section 1:Chapter 12.48 of Title 12 of the Orange Municipal Code is hereby repealed and new Chapter12.48 is added thereto as follows:CHAPTER 12. 48 PARK ORDINANCE Sections:12.48. 01012.48. 01512.48. 02012.48. 02512.48. 03012.48. 03512.48. 04012.48. 04512.48. 050 Applicability Definitions Eisenhower Park Public Parking Lots Obedience to Park Officer Use of Alcoholic Beverages Fishing and Use of Park Waters Defacing or Damaging Park Property Camping Prohibition Prohibition on the Use of Firearms,Firecrackers and Dangerous 12.48.055 12.48.060 12.48.065 12.48.070 12.48.075 12.48.080 12.48.085 12.48.090 12.48.095 12.48.100 12.48.105 12.48.110 12.48.115 12.48.120 12.48.125 12.48.130 12.48.135 12.48.140 12.48.145 12.48.150 12.48.155 Animals and Pets Games Sanitation Vehicle Prohibition and Regulation Swimming and Bathing Prohibitions Selling, Soliciting and Advertising Fires Hours Obstruction of Park Walks or Pathways Public Restrooms Permits Required Permits; Appeal Revocation of Permit Rules and Regulations Violation- Misdemeanor Closure of Park Facilities Failure to Obtain Required Permit Priority of Use Exhibiting Permit Severability Effective Date12.48.010 Applicabilitv. The rules and regulations prescribed in this chapter shall govern public parks, playgrounds, and recreation centers in the City, including Plaza Square.12.48.015 Definitions. For purposes of this Chapter, the following terms shall have the meanings as set forth herein unless the context in which they are used clearly indicates a contrary meaning:A. "Department" shall mean the City of Orange Community Services Department.B. "Director" shall mean the Director of the Department of Community Services or his designee.C. "Person" shall mean every person, firm, corporation, group of persons, or organization.D. "Park" means any public park or any portion thereof, including body of water, land, recreation, playground area, or any building thereon within the City of Orange owned and maintained by the City as a public park whether or not such has been formally dedicated for such purpose.Ord. 19- E. "Pollution" means the contamination or other alteration of the physical, chemical, or biological properties of park waters. F. "Camping" means the use of public streets or public property for living accommodation or habitation purposes such as sleeping activities, or making preparations to sleep, including the laying down of bedding for purposes of sleeping or using or storing personal belongings such as non-designated City cooking equipment,camping stoves, portable barbecues, sleeping bags, cots, beds, hammocks, extra clothing, or personal items when it reasonably appears, in light of all the circumstances,that the participants, in conducting these activities, are, in fact, using the public street or public property for living accommodation or habitation purposes.G. "Alcoholic Beverage" shall mean alcohol, spirits, liquor, wine, beer, and every liquid or solid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.H. "Food Distribution to the Public" means a temporary operation or undertaking by a person for the purpose of offering, distributing, or dispensing with or without charge therefor, food and/or beverages for consumption by the general public which uses the park or park facility for such activity. This activity shall not include any contract, lease, or other agreement for a concession or similar operation or enterprise approved by the Director or City Council.I. "Athletic Facilities" shall mean those areas of a park designated for the purposes of organized play or athletic competition exemplified by youth and adult teams playing on surfaces consisting of turf or synthetic materials such as, but not limited to, baseball diamonds, volleyball courts, tennis courts, football and soccerfields.12.48.020 Eisenhower Park Public Parkino Lots.A. No person shall between the hours of 11 :00 p.m. and 5:00 a. m., stop,park, or leave standing any vehicle whatsoever in any place on any of the following public parking lots surrounding Eisenhower Park:1, One lot east of Oceanview on Main Street;2.One lot east of Oceanview off Buena Vista Street;3. Two lots south of Bixby Avenue between Gayle Street and Westhaven Street.B. Any vehicles stopped, parked, or left standing in violation of this section shall be subject to being towed away at the owner' s expense.3 C. Appropriate signs shall be posted in and about the parking lots specifying the aforementioned times when stopping, parking and standing of vehicles shall be prohibited and that vehicles in violation thereof shall be subject to being towed away. 12.48.025 Obedience to Park Officer. Any person who fails, refuses, or neglects to comply with any lawful order of the Director or any park employee in the enforcement of any provision of this chapter is guilty of a misdemeanor. 12.48.030 Use of Alcoholic Beveraoes. No person shall: A. Bring, possess, consume, or sell any alcoholic beverages in any park or park facility except in the course of an approved event or gathering except under a permit issued by the Director. B. Enter, be, or remain in any park or park facility under the influence of intoxicating liquor or drug or otherwise be inebriated. 12.48.035 Fishino and Use of Park Waters. No person shall: A. Except as otherwise provided, fish in or take any fish at any time from the waters of any park or park facility by any means whatsoever except at places as designated by the Director. The Director is further authorized to designate any public park waters or places accessible thereto that may be used for fishing and to prescribe and enforce all reasonable rules, regulations and restrictions pertaining thereto and to post signs giving notice thereof. B. Swim, bathe, or pollute the water of any waters, fountain, or pond except in a place especially provided or approved for such purpose. 12.48.040 Defacino or Damaoino Park Property. No person shall: A. Willfully mark, deface, or injure in any manner, or displace, or remove, or tamper with any building, monument, fence, bench, or other structure in a public park. B. Willfully dig, cut, saw, chop, carve, injure, move, or remove from any park or park area any sand, wood, turf, grass, gravel, flower, or any other vegetation within any public park. Ord. 19-92 12.48.045 Campinq Prohibition. No person shall: A. Use the park for the purposes of camping, except by permit or under the auspices of a program of the Department of Community Services. B. Maintain, erect or permit the erection of any hut, shanty, tent, tarpaulin, or any other type of temporary structure under his control in any park except with a permit from the Department or as part of an approved recreation activity. 12.48.050 Prohibition on the Use of Firearms. Firecrackers and Danqerous Instruments. No person shall: A. Except an authorized law enforcement officer, bring, use, carry, or possess upon park property, other than at such firing ranges as may be specifically designated by the Director, any firearms of any description, or air rifles, bow- and-arrows, spring guns, slings, or any other forms of weapons potentially inimical to wildlife and dangerous to human safety.B. Carry or discharge any firecracker, rocket, or torpedo or any other fireworks except as approved for that purpose by the Director.C. Shoot into park areas from beyond park boundaries.12.48.055 Animals and Pets.No person shall:A. Ride, lead, or drive a horse, mule, donkey, pony or bovine animal except on designated paths or trails or as approved for that purpose by the Director.B. Let loose, abandon, or bring into any park except on leash and not more than six feet long, any animal, reptile, or fowl of any kind. This prohibition shall not apply to seeing eye dogs used by a visually handicapped person, provided that such dog is at all times kept under control.C. Willfully frighten, molest, injure, chase, capture, or annoy, any animal or bird in any park.D. Own or have charge, custody, or control of any dog in a park either knowingly or through failure to exercise due care and control, permit such animal to defecate and allow such droppings to thereafter remain. A person shall not be 5 Ord. considered in violation of this section if the person has the necessary equipment, i.e., scooper, bag, etc., readily available and takes immediate action to remove such droppings. 12.48.060 Games. No person shall engage or abet in the playing of any game involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins, model airplanes or rockets except in areas set apart or identified by appropriate signage for such purposes or during an approved recreation program. 12.48.065 Sanitation. No person shall: A. Discard garbage, cans, bottles, papers, or other refuse or trash other than in receptacles which are provided for that purpose. B. Wash dishes or empty salt water or other waste liquids except in sinks provided for such purposes. C. Throw, discharge, or otherwise place, cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to such park any substance which will or may result in the pollution of said waters. 12.48.070 Vehicle Prohibition and Reaulation. No person shall: A. Operate a vehicle in a park except upon designated paved or improved park roads or driveways, or in or upon designated areas or trails set aside for use by such vehicles, unless directed to do so by a law enforcement officer or park guard, or by official signs or markings. This section shall not apply to the operation of a vehicle which is used or part of any event permitted by the City Councilor sponsored or permitted by the City under Chapter 5.70 of this Code. B. Park a vehicle on park property, except in an area designated for parking such vehicle, unless there is an emergency or unless directed to do so by a law enforcement officer. Parking shall conform to officially posted signs or markings unless other instructions are given by a law enforcement officer. C, The Director may, in his reasonable discretion, set aside or designate areas, paths, trails, or roads in a park where the operation of bicycles, tricycles, Model A motorcycles, scooters, and minibikes may be allowed. Ord. 19-92 12.48.075 Swimmina and Bathina Prohibitions. No person shall: A. Swim, bathe, or wade in any water or waterway in or adjacent to any park, except as permitted or designated by the Director or in such water or waterway as the Director may designate, and then only during such hours as the Director may have established for such purposes. B. Change into bathing clothes from street clothes or from bathing clothes to street clothes, except in a bath house or other structure designated for such use. C. Fail to wear bathing clothes that cover the genitals and buttocks and in the case of females, the areola and nipples. 12.48.080 Sellina. Solicitina and Advertisina. No person shall: A. Without a permit issued under this Chapter, within the boundaries of any park, or on public property adjacent to a park, sell, vend, peddle, expose, offer for sale, or distribute after sale to the public any merchandise, service, property, or sell tickets for any event in the park. B. Without a permit issued under this Chapter, distribute, circulate, give away, throw, or deposit in park or on public property adjacent to a park any handbill, circulars, pamphlets, papers, or advertisements, which material calls the public attention in any way to any article or service for sale or hire. C. Without a permit issued under this Chapter, solicit or collect donations of money, employment, or other goods from the public. 12.48.085 Fires. No person shall make or kindle a fire except in an appropriate device approved for that purpose by the Director. 12.48.090 Hours. As a general rule, park shall be open to the public every day of the year between the hours of 5:00 a.m. and 11 :00 p.m. However, the Director may, in his reasonable discretion, extend or limit such hours for any park or portion of any park. No person shall enter, be, or remain in any park during the time when such park is closed unless he has obtain a permit from Director. Park closing hours shall be posted at park entrances, 7 Ord. 19- 12.48.095 Obstruction of Park Walks or Pathwavs. No person shall assemble, gather, or congregate in such a manner as to obstruct the free passage of any walk or pathway in a park. 12.48.100 Public Restrooms. Male persons shall not enter any restroom or washroom set apart for females, and female persons shall not enter any restroom or washroom set apart for males, except this shall not apply to children under the age of six (6) years, who are accompanied by a person who is of the sex designated for that facility and who has reason to be responsible for such child. 12.48.105 Permits Required. A. Except in athletic facilities, no person shall conduct, hold, or carry on a gathering, celebration, event, or activity of twenty-five (25) persons or more in any park without a written permit for such use.B. No person shall conduct, hold, or cause to be carried on the following activities without a permit for the use of a park from the Director regardless of the number of participants:1. Any event utilizing any amplification equipment.2. Musical performances or concerts by one or more persons in which the public participates as an audience.3. An event such as a race, marathon, or contest in which the public or members of an organization are invited to participate on foot or with bicycles, soap boxes, or any other vehicle whose purpose is to test the speed of the participants.4. Food distribution to the public.5. The formal exhibition of animals to the public.6. Public display of works of art or similar objects or the performance of any feat or skill or the production or performance of any amusement, motion picture, photography, or entertainment.C. Any person who wishes to use a park for an activity requiring a permit under12.48.105 shall designate on the application this intended use.Ord. 19- In addition, the use of the park for such an activity shall designate on the application the following: 1. The area of the park or listing of any park facilities, or structures in which the activity is intended to encompass or occur in. 2. The number of participants anticipated to be attracted or drawn to the activity. 3. The date or dates the applicant intends to use the park or area designated to carry out the activity for which the permit is requested. Failure to comply with the above application requirements shall result in the application to be marked "incomplete" and shall be returned within ten (10) days from receipt of the application to the applicant by the Director. D. In the event the applicant identifies that the park area is to be used on more than a single date for such activity, the Director shall issue a permit for the repetition of the activity on the dates listed by the applicant under the standards and conditions set forth in this section provided that the: 1. The permit for this repeated use of the activity in the area designated in the application shall not be issued for a period in excess of ninety (90) days. 2. The dates requested by the applicant for the repeated use of the park area designated in the application shall be limited to once per week during the ninety (90) day permitted period. 3. Except for athletic facilities, the applicant must submit the application requesting repeated use of the park area designated in the application to carry out the activity at least thirty (30) days in advance of the first date the applicant lists on the application. Any application received in which is submitted less than thirty (30) days than the first date listed in the application shall be cancelled and returned to applicant. 4. Not later than seven (7) working days after receipt of the application listing the dates for repeated use of the park area identified in the application for the activities listed in Section 12.48.105, the Director, in writing, shall inform a person if the dates identified are available or not available to be reserved as set forth in the application. If not available, the Director shall notify applicant of the unavailability together with a list of alternative 9 Ord. 19- dates for the repeated use of activity in the park area identified in the application which can be reserved. On notification that the dates or anyone of them for repeated use of the park area identified in the application is not available, the applicant must, in writing, designate alternate dates within five (5) working days from the date of such notification. Failure to timely respond with alternative dates for repeating the use of the park shall result in the permit being issued only for the dates which are available as listed on the application. E. Standards for Issuance. 1. A permit required under this chapter shall be issued unless one or more of the following findings are made by the Director: a) That the proposed activity or use of the park will unreasonably interfere with or detract from the general public use and enjoyment of the park. b) That the proposed activity or use of the park will unreasonably interfere with or detract from the public health, safety or welfare. c) That the conduct of the proposed activity or use is reasonably likely to result in violence to persons or property resulting in serious harm to the public. d) That the proposed activity or use will entail an extraordinary expense or operation by the City. e) That the facilities desired have been reserved for another activity or use on the day and hour(s) requested in the application. f) That the proposed activity will include fencing of a portion of the park for the exclusive use of persons attending the activity and/or charging of an admittance fee to attend. g) That the proposed activity is to be held for the sole purpose of advertising, selling, or distributing any product goods on event and is designed to be held solely for private profit. 2, Permits- Conditions.The Director may impose reasonable conditions or restrictions on the granting of a permit, including, but not limited to, any of the following:Ord. 19- a) Restrictions on fires, fireworks, amplified sound, decibel rating and distance, dancing, sports, use of animals, equipment, or vehicles, the number of persons to be present, the location of any bandstand or state, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park by others, or of damage to park property. b) A requirement that the applicant post a reasonable security deposit for the repair of any damage to park property, or the cost of cleanup, or both. c) A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the City at the proposed use or activity. d) A requirement that the applicant pay any required business license tax or other required fees. e) A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary based on the use or activity for which the permit is being sought. f) A requirement that the applicant provide private patrol or security where the nature of the use will impose an undue burden on the police service of the City. g) A requirement that the permittee shall be liable for any loss, damage or injury to any person or property whatever by reason of the negligence of the person or persons to whom such permit was issued. h) A requirement that the permit shall not be transferrable without the written consent of the permitting authority. i) Insurance coverage may be required, if in the opinion of the Director, the conduct of the event or program would potentially constitute a hazard to public safety. The Director may, at his discretion, require an insurance policy as a condition of the issuance of the permit. If a policy is required, the permittee must obtain, pay for, and maintain a policy of general liability insurance, approved as to form by the City Attorney which shall insure the City, its officers, and employees against any liability, or claims of liability, brought 11 Ord. 19- or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee or his agents or employees and occurring during the period and as a result of the activities for which such permit was issued. The amount of coverage to be provided by such policy may be determined by the Director. F. Director. Permits shall not be transferrable without the written consent of the G. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in his permit. H. A permittee shall be liable for any loss, damage or injury to any person or property whatever by reason of the negligence of the person or persons to whom such permit was issued. I. City Manager may waive any further permit required by Orange Municipal Code Chapter 5.72 upon issuance of a permit under this chapter. 12.48.110 Permits: Appeal. Within five (5) days after receipt of an application, the Director shall apprise applicant in writing of his reasons for refusing a permit or of any conditions attached to the issuance of a permit. Any aggrieved person shall have the right to appeal in writing within five (5) days to the City Manager. Within five (5) days of the receipt of such appeal, the City Manager shall consider the standards set forth in Section 12.48.105(E) and inform the applicant of the decision, in writing. The City Manager's decision shall be final. 12.48.115 Revocation of Permit. Upon giving notice of the grounds therefor and an opportunity for a hearing, the permitting authority shall have the authority to revoke any permit granted under this Chapter upon finding of violation of any rule or ordinance or upon violation of any condition or restriction under which the permit was issued. This ordinance shall not apply to any agreement or permit for park facility use executed before the effective date of this ordinance. The terms and conditions of any agreement or permit for park facility use executed prior to the effective date of this ordinance shall continue in full force and effect until the expiration date of such agreements or permits. 12.48.120 Rules and Reaulations. Ord. 19-92 The Director shall issue from time-to-time as he deems necessary, rules and regulations to implement the provisions of this chapter. Such rules and regulations shall have the force of law, and the failure to obey same shall be deemed a violation of the provisions of thischapter.12.48. 125 Violation-Misdemeanor.A. Any person violating the provision of this Chapter shall be guilty of a misdemeanor and subject to the following penalties; a fine of not more than five hundred dollars ($500), by imprisonment for not more than six (6) months in the County Jail, or both such fine and imprisonment.Notwithstanding the classification of a violation of this Chapter as a misdemeanor, at the time an action is amended to enforce the provisions of this Chapter, the Trial Court, upon recommendation of the prosecuting attorney, may reduce the charge of the offense from a misdemeanor to an infraction pursuant to Section 19(c) of California Penal Code. Any person convicted of an infraction of this Chapter shall be punished by:1. A fine not exceeding fifty dollars ($50.00) for the first violation.2. A fine not exceeding one hundred dollars ($100.00) for the second violation of this Chapter within one (1) year.3. A fine not exceeding two hundred fifty dollars ($250. 00) for each additional violation of this Chapter within one year.B. The Director shall have the authority to revoke a permit upon a finding of violation of any regulation contained in this Chapter or upon a finding of violation of other City ordinance or laws of this State.C. The Director shall have the authority to eject from any park facility, any person acting in violation of regulations contained in this Chapter.D. The regulations contained herein shall not prohibit any person authorized by the Director from the normal exercise of requested, assigned, or contractual duties.E. Malicious injury or destruction of any real or personal property which constitutes vandalism under the provision off Section 594 of the Penal Code of the State of California shall be prosecuted as a violation of the Penal Code Section 594 and shall be punishable as either an infraction, misdemeanor, or a felony, as provided in Penal Code Section 594. Under Penal Code Section 594, if vandalism results in damage of one thousand dollars ($1,000.00) or more, the vandalism may constitute a felony punishable by a fine of one thousand dollars ($1,000,00) or up to a year in state prison or both. 12.48.130 Closure of Park Facilities. The Director shall have the authority to close any park or portion thereof and require the exit of all persons therein when he determines that conditions exist in said facility or portion thereof which present a hazard to the facility or to public safety. The Director shall have the authority to close to the public any park facility or portion thereof at any time and for any interval of time, either temporarily or at regular or stated intervals, and either entirely or merely to certain uses, as the Director shall find reasonably necessary. 12.48.135 Failure to Obtain Required Permit. No person shall use, occupy, or otherwise remain in any park facility for which a permit is required without first having obtained such permit. 12.48.140 Prioritv of Use. Any person using a park facility which may be reserved by obtaining a permit, but who has not obtained such permit, shall vacate said area when holders of a valid permit present themselves. 12.48.145 ExhibitinQ Permit. No person shall fail to produce and exhibit a permit he claims to have upon request of any department employee or any peace officer who desires to inspect said permit for the purpose of enforcing compliance with any regulation in this Chapter. 12.48.150 Severabilitv. If any section, subsection, 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 decisions shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Orange hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 12.48.155 Effective Date. The effective date of this Chapter shall be October 27, 1992. OLd. 19-92 Section II: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect on October 27, 1992. ADOPTED this 28th day of July 1992. ATTEST: A'A'/~ 0- ~./#~ City Clerk 0 e CMy dfOrange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARILYN J. JENSEN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 21st day of July, 1992, and thereafter at a regular meeting of said City Council duly held on the 28th day of July ,1992, was duly passed and adopted by the following vote, to wit: AYES:COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ, SPURGEON NOES:COUNCIL MEMBERS: NONE ABSENT:COUNCIL MEMBERS NONE 1JV~~ 9~ City Clerk of e Cit~f @fange 15 LAR:1d Ord. 19-