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Home My WebLink AboutNS-2026 - Amending 31-2 and 31-3, and Adding Sections 31-2.18 and 31.3.1 through 31-3.4 to the Santa Ana Municipal Code Regulating Usage of Public ParksORDINANCE NO. NS- 2026 EJC:jd(6) 8/16/89 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 31-2 and 31-3, AND ADDING SECTIONS 31-2.18 AND 31.3.1 THROUGH 31-3.4 TO THE SANTA ANA MUNICI- PAL CODE REGULATING USAGE OF PUBLIC PARKS 7 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 31-2.2 through 31-2.18 shall be prohibited within the ex- terior boundary lines of any public park 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 31-2.18 shall be prohibited in the stadium or zoo unless inconsistent with the terms and conditions of uses permitted by a contract approved by the city council. SECTION 2: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31-2.18, which said section reads as follows: Sec. 31-2.18. Selling. a. Except as otherwise herein pro- vided, no person shall sell or offer for sale any food, beverage, or product of any kind on any park, zoo or stadium property. b. This section shall not apply to the operation of concession stands owned by the City. SECTION 3. That Section 31-3 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 31-3. Permits. No person in a park shall conduct, oper- ate, present, manage or take part in any of the following activities unless a permit is obtained prior to the start of the activity. 908 ORDINANCE NO. NS-2026 Page two (a) Any picnic, outing or gathering spon- sored by any person and composed of fOrty (40) 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 ex- clusion of others. SECTION 4. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31-3.1, which said section reads as follows: Sec. 31-3.1. Permits - Standards for Issuance A permit for use of a park 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; or (b) That the proposed activity or use of the park will unreasonably interfere with or detract from the public health, safety or welfare; or (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; or (d) That the proposed activity or use will entail an extraordinary expense or operation by the city; or (e) That the facilities desired have been reserved for another activity or use on the day and hour(s) requested in the application; or ORDINANCE NO. NS-2026 Page three 509 (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. SECTION 5. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 31-3.2, which said section reads as follows: Sec. 31-3.2. Permits - Conditions. The director may impose reasonable con- ditions or restrictions on the granting of a permit, including, but not limited to, any of the following: (a) Restrictions on fires, fireworks, amplified sound, dancing, sports, use of animals, 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. (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 fa- cilities that might be reasonably necessary based on the use or activity for which the permit is being sought. (f) A requirement that the permittee provide a comprehensive liability insurance in an amount established by resolution of the city council naming the city and its officers, agents and employees as additional insured. ORDINANCE NO. NS- 2026 Page four (g) A requirement that the permittee shall be liable for any loss, damage or in- jury 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 permittee shall be bound by park rules and regulations and all applicable ordinances fully as though the same were inserted in his permit. (i) A requirement that the permit shall not be transferrable without the written con- sent of the permitting authority. SECTION 6: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 31-3.3, which said section reads as follows: Sec. 31-3.3. Permits; Appeal Within three (3) 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, 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 31-3.1 and sustain or overrule the director's decision within four (4) days. SECTION 7. That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 31-3.4, which said section reads as follows: Sec. 31-3.4. Revocation of permit. 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 per- mit was issued. SECTION 8. This ordinance shall not apply to any agreement or permit for park use executed before the effec- tive date of this ordinance. The terms and conditions of any agreement or permit for park 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. SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason ORDINANCE NO. NS-2026 ~)ll Page five ~ 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 declared invalid or unconstitu- tional. 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 to the collection of any such license or penalty or the penal pro- vision applicable to any 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 ]6th day of October , 1989. ATTEST: ~c~lNeIr~Eo~'t~eUYcou~c 1~/ APPROVED AS TO FORM: EDW~kR~)-~. C~.Q~PER City Attorney COUNCILMEMBERS: Young Aye Acosta Aye Griset Absent May AyE McGuigan Aye Norton Aye Pulido ^ye