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HomeMy WebLinkAboutNS-1572EJC:ms 3/18/81 ORDINANCE NO. NS-1572 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING AND RENUMBERING SANTA ANA MUNICIPAL CODE SECTION 31-2 AND PROHIBITING POSSESSION OF ALCOHOL IN THE PARKS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 31-2 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 31-2. Prohibited Conduct The conduct described in Sections 31-2.1 through 31-2.17 shall be prohibited 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. The conduct described in Sections 31-2.1 through 31-2.17 shall also be prohibited in the stadium unless inconsistent with terms and conditions of uses permitted by a contract approved by the City Council. SECTION 2: That the Santa Aha Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.1, which said section reads as follows: Sec. 31-2.1. Alcohol and drunkenness. (a) No person shall bring into, possess, 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. SECTION 3: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.2, which said section reads as follows: Sec. 31-2.2. 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 animal, reptile 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 typed obtained from a dispenser within such zoo for that purpose. ORDINANCE NO. NS-1572 PAGE TWO SECTION 4: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.3, which said section reads as follows: Sec. 31-2.3. Camping. (a) No person shall camp in a park except in an area that has been designated for camping by the director. (b) No person shall camp in a park without first obtaining a permit from the director pursuant to section 31-3. SECTION 5: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.4, which said section reads as follows: Sec. 31-2.4. 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, turf, 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, shrubs, vines, bush, or any other vegetation within any park property. SECTION 6: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.5, which said section reads as follows: Sec. 31-2.5. Firearms and dangerous instruments. (a) No person, except an authorized law enforcement officer, shall bring onto park property, other than at such firing ranges as may be 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 other dangerous instrument. (b) No person shall discharge any weapon or dangerous instrument in a park other than at a firing range as specifically designated by the director for such purpose. SECTION 7: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.6, which said section reads as follows: Sec. 31-2.6. Fires. (a) No person shall start or maintain, in any park, any outdoor fire, except in areas designated for picnicking or camping. 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 extinguishing such fire. ORDINANCE NO. NS- 1572 PAGE THREE SECTION 8: That the Santa Aha Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.7, which said section reads as follows: Sec. 31-2.7. Gambling. No person shall conduct any raffle or card game for money or drawing for prizes or participate in any form of gambling within a park. SECTION 9: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.8, which said section reads as follows: Sec. 31-2.8. Games. No person in a park shall take part in or abet the playing of any game involving thrown or otherwise prcpelled objects, such as balls, stones, arrows, javelins, kites or model airplanes, except in areas s~t apart for such forms of recreation. SECTION 10: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.9, which said section reads as follows: Sec. 31-2.9. 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 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 obtained a permit therefor from the director. Park closing hours shall be posted at park entrances. SECTION 11: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.10, which said section reads as follows: Sec. 31-2.10. Noise. No person in a park shall operate a device producing amplified sound except pursuant to a permit issued under the provisions of section 31-3. SECTION 12: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.11, which said section reads as follows: Sec. 31-2.11 Picnicking. No person in a park shall conduct or participate in any picnic, or prepare or serve any food, except in an area designated by the director for such purpose. SECTION 13: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.12, which said section reads as follows: Sec. 31-2.12. 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 persons of a sex different from that of such person. ORDINANCE NO. NS-1572 PAGE FOUR SECTION 14: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.13, which said section reads as follows: Sec. 31-2.13. Sanitation. (a) No person in a park shall willfully throw, discharge, or otherwise place or cause to be placed in the waters of 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, except in receptacles designated for such purpose. SECTION 15: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.14, which said section reads as follows: Sec. 31-2.14. Signs. No person in a park or zoo shall disobey any sign or notice posted or displayed by or at the direction of the director. SECTION 16: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.15, which said section reads as follows: Sec. 31-2.15. 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 then only during such hours as the director may have established for such purposes. (b) No person in a park shall 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) No person in a park shall fail to wear bathing clothes that cover the genitals and buttocks and in the case of females, the areola and nipples. SECTION 17: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.16, which said section reads as follows: Sec. 31-2.16: Vehicles (a) No person shall operate a vehicle in a park except upon designated paved or improved park roads or driveways, or in and 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. ORDINANCE NO. NS- 1572 PAGE FIVE (b) 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, motorcycles, scooters, and minibikes may be allowed. (c) No person shall park a vehicle on park property other than in an area designated for parking such vehicle, unless there is an emergency or unless directed to do sc by a law enforcement officer. Parking shall conform to officially posted signs or markings unless other instructions are given by a law enforcement officer. SECTION 18: That the Santa Aha Municipal Code, is hereby amended by adding a section, to be numbered 31- 2.17, which said section reads as follows: Sec. 31-2.17. Zoo (a) The zoo shall be open to the public every day during such time or times as the director may determine, except on New Years Day and Christmas. (b) No person shall enter, be, or remain in the zoo at any time when the zoo is not open to the public, except as the director may authorize. SECTION 19: 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 Aha 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 declared invalid or unconstitutional. SECTION 20: 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 provision 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 thereunder appertaining shall continue in full force and effect. ADOPTED this by the following vote: 20th day of AprJ] , 1981, AYES: NOES: COUNCILMEN: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato COUNCILMEN: Markel ABSENT: COUNCILMEN: ATTEST: None E-DWkRD J. C~OPE ,~City Attorney