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Home My WebLink AboutNS-1465EJC:adg 11/16/78 ORDINANCE NO. NS- ]465 AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING SECTIONS 2-450 THROUGH 2-467 OF THE SAMC RELATING TO THE PARK BOARD; ADDING SECTIONS 10-141 THROUGH 10-143 RELATING TO DAMAGING TREES AND SHRUBS; AND AMENDING SECTIONS 2-740, 2-741, 2-743, AND 2-745 RELATING TO USE OF EDDIE WEST FIELD - SANTA ANA STADIUM THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Division 4, Article IV, chapter 2, sections 2-450, 2-451, 2-452, 2-453, 2-454, 2-455, 2-456, 2- 457, 2-458, 2-459, 2-460, 2-461, 2-462, 2-463, 2-464, 2-465, 2-466, and 2-467 of the Santa Ana Municipal Code, are hereby repealed. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-141, which said section reads as follows: Sec. 10-141. Damaging trees. No person shall post or affix to any tree or shrub, tree stake or guard, in any street in the city, any bill, poster, placard, picture, announcement, notice, advertisement or sign, or cut, paint,' print or mark any of the same upon such tree or shrub, tree stake or guard, or affix or attach in any manner any other thing whatsoever, including any guy wire or rope, to any such tree or shrub, tree stake, or guard, except for the purpose of protecting it or other purpose authori- zed by this Code. Tree stakes or guards may be placed around trees, shrubs or plants by the Director of Recreation and Parks or by property owners, provided the same are merely placed near a tree, shrub, or plant, for the purpose of protecting or train- ing such trees, shrubs or plants. SECTION 3: Thet the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 10-142, which said section reads as follows: Sec. 10-142. Dumping harmful substances on trees. No person shall dump, pour or spill any oil, salt, salt water or other deleterious matter upon any tree or tree space in any street, or maintain upon any sidewalk within ten feet of any such tree or tree space on any street, any re- ceptacle from which oil or salt water leaks or drips, or pour oil or salt water onto any parking or concrete gutter, so as to injure any tree or any street. SECTION 4: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 10-143, which said section reads as follows: Sec. 10-143. Building materials near trees, shrubs. No person shall pile building material, or other material, about any tree, plant or shrub in a street in any manner that will in any way injure such tree, plant or shrub. ORDINANCE NO. NS- ] 465 PAGE TWO SECTION 5: That section 2-740 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 2-740. Applicability of article. Ail use, rental occupancy and control of that certain property belonging to the City, located upon the west side of Flower Street between Sixth and Civic Center Drive West, known as the Eddie West Field - Santa Ana Stadium, which includes the stadium and the area surround- ing the stadium to the fenced boundary thereof, shall be under the terms, conditions and provisions of this article. SECTION 6: That section 2-741 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 2-741. Permits; deposits. Permits for use of the stadium may be issued by the recreation and parks department. A cash deposit of fifty percent (50%) of the total basic fee payable upon execution of an agreement will be required with applications filed by other than school users. Applicants must agree to comply with the rules and regulations issued by the recreation and parks department with the approval of the city manager. Cash deposits will not be refunded. School users shall account for their sales, shall not be required to make a deposit for use of the stadium, and shall render final accounting and remit payment within ten (10) days after each event. Other users shall be required to render final accounting and balance of payments within three (3) working days after each use. SECTION 7: That section 2-743 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 2-743. Liquor No intoxicating liquors shall be sold or consumed upon the premises known as the Eddie West Field - Santa Ana Stadium, except pursuant to contract for the use of the stadium approved by the city council permitting sale and consumption of beer. Any agreement between the city and a stadium concessionaire which allows such concessionaire to sell refreshments but prohibits sale of alcoholic beverages shall not prohibit such concessionaire from selling beer when permission for sale and consumption of beer has been granted to a user of the stadium, provided such concession- aire complies with the terms and limitations of the per- mission granted to such user. SECTION 8: That section 2-745 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 2-745. Insurance, responsibility for damages. Any person using the Eddie West Field - Santa Ana Stadium shall be responsible for any damage or injury to the structures or facilities maintained by the city therein, caused by such person or by the exhibition, performance, game or act. All users of the stadium shall obtain and ORDINANCE NO. NS- ]465 PAGE THREE file with the Clerk of %he Council prior to such use, a comprehensive general liability insurance policy or policies, approved as to form by the City Attorney, issued by an in- surance company or companies authorized to conduct business in the State of California. The City of Santa Ana, its officers and employees shall be named as insured or addi- tional insured on said policy or policies. The policy limits of said insurance policy or policies shall be not less than five hundred thousand dollars ($500,000) personal injury and two hundred fifty thousand dollars ($250,000) property damage. Said policy or policies shall also contain a pro- vision that no termination, cancellation, or change of cover- age of insured or additional insured shall be effective until after twenty (20) days notice thereof has been given in writ- ing to the Clerk of the Council. SECTION 9: 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 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 sections, subsections, sentences, clauses, phrases or portions be de- clared invalid or unconstitutional. SECTION 10: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of 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, re- quired to be posted, filed or deposited pursuant to any ordin- ance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED, this 4th day of December , 1978, by the following vote: ATTEST: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Brandt, Ward, Bricken, Yamamoto, Gar the, Evans None Ortiz /~/ /~ APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY MAYOR I