HomeMy WebLinkAboutORD 1344 ORDINANCE NO. 1344
AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING
SECTIONS 96.02(A), 96.02(F), 96.02 (G), 96.02 (H), 96.02 (J), 96.02(K), 96.2(L),
96.02(M), 96.02(N), 96.02(0), AND 96.02(P), AND ADDING SECTIONS 96.02(Q),
96.02 (R), 96.02 (S), AND 96.02 (T), AND SECTION 96.05 OF TITLE IX, GENERAL
PROVISIONS, CHAPTER 96, PUBLIC PARKS, OF THE BALDWIN PARK
MUNICIPAL CODE REGULATING AND PERMITTING THE USE OF PUBLIC PARK
FACILITIES
NOW THEREFORE, the CITY COUNCIL of the CITY OF BALDWIN PARK,
CALIFORNIA, DOES HEREBY ORDAIN as follows:
SECTION 1. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(A) of the Baldwin Park Municipal Code is hereby amended, in part, as reflected
below to now read, in its entirety, as follows:
"(A) Disposal of rubbish. Carrying onto any park property any garbage,
trash or other refuse is prohibited. No person shall throw, place, bring to or
deposit in any park or on an park area, any garbage, refuse, bottles,
recyclables, glass, crockery, rubber or plastic items, cans, boxes, crates
,broken-up or whole household furniture and equipment, household
appliances, automobile parts, tires, fluids or accessories, combustible or
noncombustible rubbish, miscellaneous debris or combined rubbish, yard
and garden waste, iron, wire, metal articles, bric-a-brac or cement, broken
concrete, broken plaster or any such trash or abandoned material, or
anything offensive or injurious to the public health and place or deposit, or
permit to be thrown or deposited, the same in any park or park receptacle.
(1) Trash generated on the park must be deposited in provided
trash receptacles or carried off the park property. Glass containers
are prohibited."
SECTION 2. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(F) of the Baldwin Park Municipal Code is hereby amended, in part, as reflected
below to now read, in its entirety, as follows:
"(F) Fires. No person shall light or maintain any fire unless he or
she first obtains written authorization from the Director, and such fire is
lighted and maintained in a stove, fire circle, or other place or receptacle
provided for that purpose.
(1) No person shall establish, maintain or store in any
city park a temporary or permanent place for cooking or set up or
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Page 2
utilize any cooking equipment, kitchen utensils or cookware;
provided, however, that any person may set up and use cooking
equipment if he or she does so within an area of a city park
designated by the city for cooking and food preparation and he or
she is participating in either a scheduled, city-sponsored event or
an approved, permitted event, which event has, as part of its stated
purpose, the limited preparation of food for human consumption."
(2) Individuals or groups obtaining permission to cook and/or
prepare food, or, park users who are cooking or preparing food in
an area of a city park designated for that purpose may not engage
in cooking or food preparation activities outside of regular park
hours of operation.
SECTION 3. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(G) of the Baldwin Park Municipal Code is hereby amended, as reflected below to
read, in its entirety, as follows:
"(G) Animals. No person shall bring into any public park any cattle, horse,
mule, goat, sheep, swine, dog, cat or any animal of any other kind, except
that dogs or cats may be permitted in the park if it is kept on a leash under
full control of its owner or person in possession. The Director may find
and permit that at certain times, under specified restrictions, and at
designated places, a person can ride a horse, mule, burro or donkey, or
other similar animal, or can lead the animal without interference with the
use of a park. No animal shall be allowed to graze or run at large within
the boundaries of a city park. No animal shall be killed, harmed or
removed from any park unless by a city employee during the performance
of official duties."
SECTION 4. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(H) of the Baldwin Park Municipal Code is hereby amended, as reflected below to
read, in its entirety, as follows:
"(H) Vehicles. The operation and/or parking of motor vehicles shall be
restricted to the times of operation of the city park or facility. It is unlawful
to remain or park upon the grounds of any city park, or any part thereof,
between the hours of 1:00 a.m. and 5:00 a.m. Motorized vehicles shall
not be operated or parked on city property, or on any part of any park,
except on designated roadways or within designated markings, without
first obtaining a city permit.
(1)The Director may grant permission at certain times, under
specified restrictions, and at designated places, to operate a
motorized vehicle in restricted areas or outside of the normal hours
of operation of any city park or facility, so long as such use does
not interfere in any way with the use of any park."
Ordinance No. 1344
Page 3
SECTION 5. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(J) of the Baldwin Park Municipal Code is hereby amended, as reflected below to
read, in its entirety, as follows:
"(J) Alcoholic beverages. No person shall enter, be, or remain in any
public park while in possession of, transporting, purchasing, selling, giving
away or consuming any alcoholic beverages. Notwithstanding the
foregoing, this division shall not apply to any person over the age of 21
attending a function at the Arts and Recreation Center or patronizing a
concession area at a city approved and permitted event, provided the prior
consent of the Director of Recreation and Community Services to the
consumption of alcohol at such function has been obtained."
SECTION 6. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(K) of the Baldwin Park Municipal Code is hereby amended, in part, as reflected
below to now read, in its entirety, as follows:
"(K) Hours of use. No person shall remain, stay, occupy or loiter in any
park, or building therein, between the hours of 10:00 p.m. and 5:00 a.m. of
the following day, without first obtaining written permission from the
Director.
(1) The City Manager, Director, or a duly authorized representative,
may close a park area or recreation facility at any time there is an
apparent danger to the persons using the property itself, or for any
cause which would provide for the safety and protection of the
public. This section may be enforced without concurrence of those
individuals or groups involved in the use of the parks. Remaining in
an area closed by the city manager or authorized representative is
prohibited."
SECTION 7. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(L) of the Baldwin Park Municipal Code is hereby amended, in part, as reflected
below to now read, in its entirety, as follows:
"(L) Overnight camping and sleeping. No person shall establish or
maintain in any city park any living accommodations or temporary or
permanent place for sleeping by setting up any tent, lean-to, or any other
shelter-like structure intended for human occupancy or any bedding,
sleeping bags, bed rolls, blankets, sheets, luggage, backpacks, mattress,
hammock or other sleeping implements and/or equipment or materials, or
use any park furnishings or fixtures for prolonged or repeated periods of
time not associated with ordinary use of the park or public place, with
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Page 4
one's possessions or while storing one's possessions (including, but not
limited to, clothing, kitchen utensils, cookware, and/or food or beverages),
cooking or consuming meals, or lodging in a parked vehicle. These
activities constitute camping when it reasonably appears, in light of all the
circumstances, that a person is using the park or public property as a
living, lodging, or sleeping accommodation regardless of his or her intent,
or the nature of any other activities in which he or she might also be
engaged; provided, however, that any person may temporarily camp, or
set up and use bedding or sleeping bags, if he or she is participating in
either a scheduled, city-sponsored event or an approved, permitted event.
(1) The Director may permit any group to camp overnight in
a designated location in a park, and may require minors who are members
of the group to be supervised during the camping by an adequate number
of responsible adults provided that the overnight camping will not interfere
with, or in any way be detrimental to the park, or interfere with the use
thereof. Upon the granting of such approval, the members of the group
and its adult supervisors, if required by the Director, may camp at the time,
location, and under conditions specified in the permit."
SECTION 8. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(M) of the Baldwin Park Municipal Code is hereby amended, in part, as reflected
below to now read, in its entirety, as follows:
"(M) Changing clothes. A person shall not change clothes or otherwise
dress in any park area or on the edges of park waters or in any comfort
station, except in that portion of a park building, designated for such
purposes."
SECTION 9. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(N) of the Baldwin Park Municipal Code is hereby amended, in part, as reflected
below to now read, in its entirety, as follows:
"(N) Washing and human waste. No person shall not place in any park
waters any clothing, edible item, dish, or utensil, or cleanse in any park
waters any such edible, dish, or utensil, or wash or commit any nuisance
in or near the waters or pollute any park waters, wash or cleanse in park
waters any portion of the body.
(1) It shall be unlawful and a misdemeanor for any person to
urinate, defecate or deposit any bodily fluids or debris in or upon
any park, or any place open to the public or exposed to public view.
This section shall not be construed to prohibit the use for urination
or defecation of lawfully constructed restroom facilities designed for
the sanitary disposal of human waste."
Ordinance No. 1344
Page 5
SECTION 10. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(0) of the Baldwin Park Municipal Code is hereby amended, in part, as reflected
below to now read, in its entirety, as follows:
"(0) Portable carts. Shopping Carts, carrying carts, wheeled devices
and/or other similar carrying devices used to transport personal property,
food items, camping, sleeping, or cooking equipment or materials, are
strictly prohibited within the confines of any city park."
SECTION 11. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(P) of the Baldwin Park Municipal Code is hereby amended, in part, as reflected
below to now read, in its entirety, as follows:
"(P) Swimming. No person shall swim in any park waters or pool or use
any such waters for personal hygiene or cleansing except at the places
and times designated by the Director."
SECTION 13. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(Q) of the Baldwin Park Municipal Code is hereby added, in part, as reflected
below to now read, in its entirety, as follows:
"(Q) Violation. Notwithstanding any other provision of this code, a violation
of this section shall be deemed to be an infraction."
SECTION 14. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(R) of the Baldwin Park Municipal Code is hereby added, as reflected below to
read, in its entirety, as follows:
"(R) Disturbing the peace (as defined in the California Penal Code,
Section 415).
It is unlawful for a person to do any of the following within a park:
Fight or challenge another person to fight;
Use offensive words which are likely to incite imminent
lawless action;
Maliciously and willfully disturb another person by loud and
unreasonable noise, provided however, where the noise is a
result of communications made in a loud manner, the
communication shall be unlawful only where it is likely to
incite imminent lawless action, or where the communication
is not intended as such but is merely a guise to disturb
persons.
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Page 6
(1) When in the interest of public health, safety or welfare, it is
determined that it is in the best public interest to exclude persons or
groups from any city area and/or facility, such action may be taken
by the City Manager, Director or his designated representative,
subject to appeal to the city council."
SECTION 15. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(S) of the Baldwin Park Municipal Code is hereby added, as reflected below to
read, in its entirety, as follows:
"(S) Vandalism. Any person causing or committing vandalism, or parents
of persons under the age of eighteen (18) causing or committing
vandalism, will be held financially responsible for the full amount of
damages, or the maximum allowed under the California Civil Code,
Sections 1714.1 and 1714.3 or subsequent sections. All provisions of the
California Penal Code, Section 594, referring to malicious mischief, are
applicable."
SECTION 16. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(T) of the Baldwin Park Municipal Code is hereby added, as reflected below to
read, in its entirety, as follows:
"(T) Noise. It shall be unlawful for any person within any park or park area
or park facility to use or operate any radio, musical instrument,
phonograph, television receiver, or other machine or device for the
producing, reproducing or amplification of the human voice, music, or any
other sound, in such a manner, as to disturb the peace, quiet, and
comfort of other park occupants or any reasonable person residing or
working in the area. Any noise level caused by such use or operation
which exceeds the ambient noise level on the premises of any other park
space so as to disturb the use and enjoyment of any other park user shall
be a violation of the provisions of this section."
SECTION 17. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.02(U) of the Baldwin Park Municipal Code is hereby added, as reflected below to
read, in its entirety, as follows:
"(U) Gambling. Gambling and gaming in any city park or city facility is
prohibited pursuant to the provisions of California Penal Code Section 330
and 330A. No person shall deal, play, carry on, open, cause to be opened,
or conduct any game, or bet at any game, played with cards, dice, or any
other device, for money, checks, credits, chips, tokens, or anything of
value or for anything representative of anything of value on such
premises."
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Page 7
SECTION 18. TITLE IX, GENERAL PROVISIONS, CHAPTER 96 SECTION
96.05 of the Baldwin Park Municipal Code is hereby added, as reflected below, to read,
in its entirety, as follows:
"96.05. Violations: Additional Remedies, Injunctions. As an additional
remedy, the operation or maintenance of any device, instrument, vehicle,
or machinery in violation of any provision of this chapter, which operation
or maintenance causes discomfort or annoyance to reasonable persons or
which endangers the comfort, repose, health, or peace of residents in the
area, shall be deemed and is declared to be a public nuisance and may be
subject to abatement summarily by a restraining order or injunction issued
by a court order of competent jurisdiction."
SECTION 19. All other provisions within the Baldwin Park Municipal Code for the
permitting of park usage remain unchanged unless herein modified.
SECTION 20. If any subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of any
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance, and each and every section, subsection, sentence, clause, and phrase
thereof not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.'
SECTION 21. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted.
This ordinance shall be in full force and effect thirty (30) days after its final passage and
adoption.
PASSED, APPROVED, AND ADOP i t s 6t4y of July, 2011.
I Aa
ANUE OZA
MAY* '
ATTEST:
ALE FAA AVILA, CITY CLERK
Ordinance No. 1344
Page 8
APPROVED AS TO FORM:
City orney
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