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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 Ordinance No. 1344 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 Ordinance No. 1344 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. Ordinance No. 1344 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." Ordinance No. 1344 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 1