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HomeMy WebLinkAboutNS-1407EJC:adg 2/22/78 ORDINANCE NO. NS-~1407 AN ORDINANCE OF THE CITY OF S~ANTA ANA AMENDING CHAPTER 31 OF THE SAN~A ANA MUNICIPAL CODE, REGULATING CONDUCT IN PUBLIC PARKS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 31-1 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 31-1. Definitions Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the con- struction, meaning, and app~ibation of words and phrases used in this Chapter. (1) The words "amplified sound" means music or speech projected or transmitted by artificial means, including but not limited to, ampli- fiers, loudspeakers, or any similar devices; (2) The word "department" and parks department" Ana. means the recreation of the City of Santa (3) The word~"director" means the director of the ~ecreation and parks d~partment. (4) The word "park" means any.public park, or recreation or playground area, or building or facility thereon, within the City of Santa Ana, owned and maintained by the city as a Imablic park, or recreation or play- ground area, w~ether or not such areas have been formally dedicated to such purpose; (5) The word "pollution" means the contamin- ation or other alteration of the physical chemical, or biological properties of park waters. (6) (7) The word "stadium" means the Eddie West Field-Santa Ana Stadium. The word "vehicle" includes any wheeled device or conveyance, whether propelled by by motor, animal, or human power. The term shall include any trailer in tow of any kind, size or description. Exception is made for baby carriages and vehicles in the service of the City. (8) The word "zoo" means the zoo in Prentice Park. SECTION 2: That Section 31-1.5 of the Santa Ana Municipal Code, is hereby repealed. ORDINANCE NO. NS-1407 PAGE TWO SECTION 3: That Section 31-2 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 31-2. Prohibited Conduct The following described conduct shall be pro- hibited within the exterior boundary lines of any public park or zoo, unless specifically allowed through the issuance of a permit pursuant to the requirements of Section 31-3: (1) Alcohol and drunkenness (a) No person shall bring into, consume or sell alcoholic beverages in a park or zoo. (b) No intoxicated person shall enter, be, or remain in any park, zoo or stadium; (2) Animals and pets (a) No person in a park shall ride a horse, mule, donkey, pony or bovine animal except on designated paths or trails. (b) No person shall abandon or bring into any park, except on leash, any mammal, rep- tile or fowl of any kind. This prohibition shall not apply to seeing-eye dogs used by a visually handicapped person, provided that the dog is at all times kept under control. (c) No person shall willfully frighten, molest, injure, chase, capture or annoy any animal or bird in any park or zoo. No person shall throw or propel anything of any kind into any animal area at a zoo. (d) No person shall feed or offer food to any mammal, reptile or fowl in a zoo, unless such food is an approved type obtained from a dispenser within such zoo for that purpose. ORDINANCE NO. NS-1407 PAGE THREE (3) Camping (a) No person shall camp in a park except in areas that have been designated for camping by the director, if any. (b) NO person shall camp in a park without first obtaining a permit from the director pursuant to Section 31-3. (4) Defacing park property (a) No person shall willfully mark, deface, or injure in any manner, or displace or remove, or tamper with any park property of any kind. (b) No person shall willfully dig, cut, move or remove from any park or park area, any sand, wood, turft grass, gravel, shrub, or other material. (c) No person shall willfully pick, saw, cut, chop, carve, remove or injure any flowers, seeds, blooms, bark, branches, twigs, shrub, vine, bush, or any other vegetation within any park property. (5) Firearms and dangerous instruments (6) (a) No person, except an authorized law enforcement officer, shall bring onto park property, other than at such ranges as specifically designated by the director, any firearm or ammunition, any explosive, dynamite cap, fireworks, airgun, pellet gun, spring gun, slingshot, bow and arrow, or any dangerous instrument. (b) No person shall discharge any weapon or dangerous instrument into a park other than at ranges as specifically designated by the director for such purposes. Fires (a) No person shall start or maintain, in any park, any outdoor fire, except in desig- nated picnic or camping areas. Fires shall be limited to cooking fires, or fires in camp lanterns or heaters. (b) No person starting or maintaining any fire in a park shall leave the area where the fire is located without first completely extinquishing the fire. (7) Gambling No person shall conduct raffles, or card games for money or drawings for prizes or participate in any form of gambling within a park. ORDINANCE NO. NS- 1407 PAGE FOUR (8) Games (9) No person in a park shall take part in or abet the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins, kites or model airplanes, except in areas set apart for such forms of recreation. Hours As a general rule, parks shall be open to the public every day of the year between the hours of 5:00 a.m. and 11:00 pom. However, the director may, in his reasonable discretion, extend or contract these hours for any park or portion of any park. No person shall enter, be, or remain in any park after park closing hours unless a permit has been obtained. Park closing shall be posted at park entrances. (10) Noise No person in a park shall operate a device producing amplified sound without a permit pursuant to Section 31-3. (11) Picnicking No person in a park shall cook, prepare, serve or eat any food except in designated areas. (12) Restroom and bathing facilities No person over the age of eight (8) years shall enter or use restroom, bath or dressing room facilities designated for the use of the opposite sex. (13) Sanitation (14) (a) No person in a park shall willfully throw, discharge, or otherwise place or cause to be placed in the waters or any fountain, pond, lake, stream, or other body of water in or adjacent to any park, any substance which will or may result in the pollution of said waters. (b) No person in a park shall willfully bring in or dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse or other trash, but shall place same in the proper receptacles. Signs Ail persons in a park or zoo shall obey any official posted or displayed sign or notice. ORDINANCE NO. NS- 1407 PAGE FIVE (15) Swimming (a) No person in a park shall swim, bathe, or wade in any water or waterway in or adjacent to any park, except in such water or waterway as the director may designate and during those hours that the director has established for such activities. (b) No person in a park shall change into bathing clothes from street clothes or from bathing clothes to street clothes, ex- cept in a bath house or other structure designated for such use. (c) No person in a park shall fail to wear bathing clothes that cover the genitals and buttocks and, in the case of females, that also cover the areolae and nipples. (16) Vehicles (a) No person shall operate a vehicle in a park except upon designated paved or im- proved park roads or driveways, or in and upon designated areas or trails set aside for use by such vehicles, unless directed by a law enforcement officer or park guard to do so, or by official signs or markings. (b) The director may, in his reasonable discretion, set aside or designate areas, paths, trails, or roads in a park where operating bicycles, tricycles, motorcycles, scooters, and mini-bikes may be allowed. (c) No person shall 3park a vehicle on park property other than in areas designated for parking that type of vehicle, unless there is an emergency or unless directed to do otherwise by a law enforcement officer. Park- ing shall conform to officially posted signs or markings unless other instructions are given by a law enforcement officer. (17) Zoo (a) The zoo shall be open to the public every day between the hours of 10:00 a.m. and 5:00 p.m. except Christmas Day. The director may extend such hours to accom- modate public usage. (b) No person shall enter, be or remain in the zoo other than the hours when the zoo is open to the public, unless with a permit or authorized as an employee of the City. The above prohibitions apply to the use of the stadium unless inconsistent with terms and conditions of uses permitted by a contract approved by the City Council. ORDINANCE NO. NS- 1407 PAGE SIX SECTION 4: That Section 31-3 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 31-3. Permits (1) Permits required No person in a park shall conduct, operate, present, manage or take part in any of the following activities unless a permit is obtained prior to the start of the activity. (a) Any picnic, outing, or gathering sponsored by any person and composed of twenty (20) or more persons. (b) Any exhibit, dramatic performance, play, motion picture, radio or television broadcast, fair, circus, musical event, or any similar event. (c) Any public meeting, assembly, or parade, including, but not limited to, drills, maneuvers, ceremonies, addresses, speeches, or political meetings. (d) Any use of any park facility by a certain person or group of persons to the exclusion of others. (2) Standards for issuance of permit (a) The director shall issue a permit unless he finds: 1. That the proposed activity or use of the park will unreasonably inter- fere with or detract from the general public use and enjoyment of the park; or, 2. That the proposed activity or use of the park will unreasonably inter- fere with or detract from the public health, safety or welfare; or, 3. 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; or, 4. That the proposed activity or use will entail an extraordinary expense or operation by the City; or, 5. That the facilities desired have been reserved for another activity or use on the day and hour(s) requested in the application. (b) The director may impose reasonable con- ditions or restrictions on the granting of a permit, including but not limited to, any of the following: ORDINANCE NO. NS- 1407 PAGE SEVEN 1. Restri~ions on fires, fireworks, amp- lified sound, dancing, sports, use of ani- mals, equipment, or vehicles, the number of persons to be present, the location of any bandstand or stage, 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. 2. 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. 3. A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the department at the pro- posed use or activity. 4. A requirement that the applicant pay any required business license tax or other required fees. 5. A requirement that the permittee furnish additional sanitary and re- fuse facilities that might be reason- ably necessary, based on the use or activity for which the permit is being sought. (c) Permits shall not be transferrable without the written consent of the director. (d) Within three (3) days after receipt of an application, the director shall ap- prise applicant in writing of his reasons for refusing a permit or of any conditions attached to the issuance of a permit, and, any aggrieved person shall have the right to appeal in writing within five (5) days to the City Manager who shall consider the standards set forth in Section 31-3(2) and sustain or overrule the director's de- cision within four (4) days. (e) A permittee shall be bound by all park rules and regulations and all applic- able ordinances fully as though the same were inserted in his permit. (f) A permittee shall be liable for any loss, damage or injury to any person or property whatever by reason of the negli- gence of the person or persons to whom such permit was issued. (g) The director shall have the authority to revoke a permit upon finding of violation of any rule or ordinance or upon the vio- lation of any condition or restriction under which the permit was issued. ORDINANCE NO. NS-1407 PAGE EIGHT SECTION 5: That Section 31-4 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 31-4. Metal and Glass Container Prohibited No person shall bring into or possess in the stadium any metal or glass bottle, can, canister or similar container. This provision shall not apply if inconsistent with terms and conditions of uses permitted by a contract approved by the City Council. SECTION 6: That Sections 31-5, 31-6, 31-7, 31-8, 31-9, 31-10, and 31-11 of the Santa Ana Municipal Code are hereby repealed. SECTION 7: That Section 31-12 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 31-12. Rules and Regulations The Director of Recreation and Parks shall issue from time to time as he deems necessary, rules and regula- tions 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 this chapter. SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the de- cision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more section, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 9: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there- under appertaining shall continue in full force and effect. ADOPTED by the City Council of the City of Santa Ana on the 20th day of March , 1978, by the following vote: Ward, Ortiz, Yamamoto, Evans, Garthe, Brandt AYE: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: ATTEST: Bricken ~l MAYOR S TO FORM'/~ KEITH L. GOW, CITY ATTORNEY