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Home My WebLink AboutORD 516ORD 516Ì¤<žjh£Ÿj¿_¼I ORDINANCE NO. 516 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE, RELATING TO CONDUCT IN PUBLIC PARKS. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS? SECTION I, That Article IV of the Baldwin Park Municipal Code Is hereby amended by adding thereto Sections 4270 through 4290 Inclusive, as Chapter 2*5 thereof, to read as follows? CHAPTER 2,5 CONDUCT IN PUBLIC PARKS" PART I GENERAL" 4270. DEFINITIONS. The following words and phrases shall, for the purpose of this Chapter, have the following meanings ascribed to them, unless the context clearly Indicates a different meaning: a) A IcohoIIc Beverage shalI mean alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half of one 1%) percent or more of alcohol by volume and which Is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, bt C. A* Oy shall mean the Chief Administrative Officer of City, cl Chief shall mean the Police Chief of City. d) City shalI mean the City of Baldwin Parko e* Conmissjpn shall mean the Recreation and Parks Coimilsslon of City, f^ CouncII shalI mean the City Council of City. Department shall mean the Parks and Recreation Department of City. Director shall mean the Director of Park and Recreation, hts deputy, or other persons authorized by him to act In his stead* HI Notice shall mean written notice, given by personal service or United States mall, postage prepaid, addressed to the person to be notified, at his last known address. Notice shall be deemed given, for sil purposes, when the same Is deposited In the course of transmission of the United States mall, or at the time of personal service,, J5 Park shall mean every park, roadside rest, and every other recreation facility owned, managed or controlled by Ihe Cityo BIB] 37946-U01 ORD-U02 516-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31568-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 516Ì¤<žjh£Ÿj¿_¼Ik) Park Waters shalI mean any lake, reservoir, pond or other body of water or any source of domestic water within a park. I) Permit shalI mean a Park Permit re- quired pursuant to Part II hereof. Permittee shall mean the holder of a permit." 4271. COMPLIANCE. No person shall enter, be, or remain, tn any park unless he complies with all of the regulations set forth tn this Code applicable thereto." 4272. PENALTY. Any person who, within the City, violates any provision of this Chapter, is guilty of a misdemeanor. Upon conviction thereof such person shall be punished as prescribed In Section 1200 hereof." PART I PARK PERMITS" 4280. USE OF PARK FACILITIES. PERMITS. No person shall occupy. In a group, or as part of a group, of twenty-five 25) or more persons, any portion of any public park, or any building or structure located therein, for any purpose or activity, unless: a) the group has obtained the sponsor- ship of the Department for such activity or use, as a part of the City's comprehensive recreation program; or bl the group has obtained a Park Permit from the Director for such occupancy or use. In the manner hereinafter set forth." 4281. PERMIT PROCEDURE. A Park Permit shall be obtained, except as provided In Section 4280 a) hereof, from the Director before any person shall; a) occupy any part of any park within the City, In ia group, or as part of a group. In excess of twenty-five 25) or more persons; or b) occupy, as a part of any such group, any part of any park or park facility, on a re- served or exclusive use b^sls. Applications for Park Permits shall be sub- mitted to the Director iat lebst fifteen 15) days, but not mre than ninety 901 days^ In advance of the proposed date of use. Such applications shall be on forsns prepared by[ said Director, and each such applicant shall siabmit the following Informa- tion upon said applications; 1) name end address of applicant; 2) name and address of the principals of said applicant. If a corporation, unincorporated association or other type of group, together with any Individuals who sponsor such applicant; 2- BIB] 37946-U01 ORD-U02 516-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31568-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 516Ì¤<žjh£Ÿj¿_¼I3) the day and hours for which permit Is desired; 4) a description of that portion of park facility proposed for such use) 5) an estimate of the anticipated attendance; 6) any other Information which the Director shall deem necessary and/or appropriate for the protection of park property and to assure the public a reasonable use of the park." 4282. PERftIT ISSUANCE. DENIAL. APPEAL. a) Issuance. Upon receipt of an application In the form herelnabove described, the Director shall Issue the Park Permit therein requested. If he finds all of the following facts to be present: 11 that the proposed activity or use will not unreasonably Interfere with the general public enjoyment of the park or portion thereof; and 2) that the proposed activity or use will not unreasonably Interfere with the public health, welfare, safety, and Interest^ and 5) that the proposed activity or use Is lawful} and 4) that the proposed activity or use will not entail unusual, extraordinary or burdensome expense to the City, or Involve extensive police operations to the detri- ment of the general welfare; and 5) that the facilities desired to be used have not been previously reserved for another use at the time and place re- quested In the application. referral. The Director may refer any application to any other City Department for Investiga- tion and report, as may be necessary to allow him to property evaluate the said application. c! Penlgl• The Director shall deny the Issu- ance of any Park Permit If he finds, from the appli- cation and his Investigation, that any of the facts set forth In Subparagraph at hereof are not met. Suspension. The Director shall have the authdrlty to suspend any such Park Permit If he finds that operations under the said permit will or have, violated any provisions of this Code, or any other applicable law, regulation or any other good cause. Such suspension shall be deemed a revocations If an appeal Is not timely filed. Notices. Notice of the action taken by the Director, with reference to a permit application, shall be given to the applicant and any other person requesting the same. BIB] 37946-U01 ORD-U02 516-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31568-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 516Ì¤<žjh£Ÿj¿_¼Ifl Appeal• Any person dissatisfied with the decision of the Director with respect to the Issuance, conditional issuance, denial or suspension, of a Park Permit, my, within ten 101 days after the Director has given notice of his action, appeal the said deci- sion to the Parks and Recreation Commission of the City, In the absence of a timely filed appeal, the Director's decision shall be final and conclusive, Such appeal shall be In writing and filed with the Secretary of the Cwinlsslon. Upon receipt of such an appeal, the Secretary of the CocamlssTon shall thereupon place the matter upon the next Comlsston agenda for a public hearing, and shall give the appealing party notice of the time and place of said hearing. At the tisne set for the hearing on said matter, the Conntsston shall determine whether the action of the Director was In accordance with the provisions of this Code and any other applicable law. The burden of proof. In showing that the action taken by the Director was arbitrary, capri- cious or unreasonable, shall be borne by the appeal- ing party. Notice of the Comlsslon's action shall be given to the appealing party, and any other person requesting the same. In the absence of a timely filed appeal to the City Council, the determination of the CooBiIsslon shall be final and conclusive. An appeal from the Coorolsslon's decision may be taken In the same time and manner as Is the case with reference to an appeal from a decision of the Director, The City Council shall conduct a noticed dc novo hearing, In the same manner as the Ccxamlsslon, Its decision shall be fina'l and conclusive," 4283, APPLICANT'S RESPONSIBILITY. Each permittee shall observe all regulations applicable to conduct In public parks as set forth In this Code, and any other applicable law or regulation. Prior to the actual Issuance of any permit the applicant shall sign and file with the Director a statement agreeing to hold the City, Its officers and/or employees/ free and harmless from any loss, damage or Injury sustained, arising out of, or by virtue of, the Issuance of such permit and the use and/or operation thereunder. In addition, the applicant shall also agree that If any damage Is done to any City property or equipment, the applicant, upon re- ceipt of a City Invoice, shall reimburse th® City therefor? and, that should litigation be necessary to enforce such a claim In favor of the City, the applicant shall pay to the City reasonable attorney fees as determined by the court," 4284. CONDITIONS OF APPEAL. The Director may, at his discretion, Issspose conditions upon the Issuance of a park permit, to Insure compliance with the provisions of this Code, Including, but not limit- ed to, requiring the applicant to take out and main- tain liability Insurance, In minimum amounts approv- ed by the Chief Administrative Officer, If the pro- posed activity appears hazardous so as to require such Insurance. If so required, the policy shslI name the City as a Co-assured," PART M! CONDUCT W PUBLIC PARKS" 4290. REGULATiOMS FOR CONDUCT IN PUBLIC PARKS„ The following rules wd regulations shall control the conduct of persons In or upon public parks lo ed within the r?ty o: BeSdwin Park. BIB] 37946-U01 ORD-U02 516-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31568-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 516Ì¤<žjh£Ÿj¿_¼Ia) Disposal of Rubbish, No person shall bring to or deposit In, any park for the purpose of disposing of garbage, refuse, bottles, glass, crockery or cans and place same In any park or receptacle main- taiaftd for that purpose* b) Weapons. No person shall have In his possession In any public park any firearms, atr gun, Illegal knives, slingshot, bow and arrow or B-B gun, nor shall any person discharge or shoot any firearm, air gun, slingshot, bow and arrow or B-B gun within any public park within the City, except when a permit has been Issued therefor by the Director, c) Firecrackers; FIremrks* No person shall have In his possession, nor shall any person fire or discharge. In any public park, any fireworks, as that phrase Is defined In the Health & Safety Code of the State of California, unless authorized by express provisions of this Code, or as a part of a City sponsored or authorized public fireworks display* d) Flora* No person shalI dig, remove, destroy. Injure, mutilate or cut any tree, plant, shrub, bloom or flower or any portion thereof, grow- ing In any public park) nor shall any person remove or deface or destroy any wood, turf, grass, soil, rock, sand or gravel from any public park* e) Park Structures* No person, other than a duly authorized City employee or agent shall: 1) Cut, break. Injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench or any other structure, apparatus or equipment or property of the City, or any portion thereof* 2) Aark or place on any such structure or any portion thereof, any mark, writing or printing* 5) Attach thereto any sign, card display or other similar device* *^ fJLCSS.* No Person shall light or maintain any fire unless: 1» he first obtains from the Director a written authorization therefore and 2) such fire Is lighted and maintained In a stove, fire circle, or other place or receptacle provided for that purpose* s lg) Disturbance* A person shall not disturb the peace and quiet of any park by? 1) any unduly loud or unusual nolse{ or 2! by tooting, blowing, or sounding any automobile siren, horn, signal or other noise-making devlcey or 5) by any tumultuous conduct? or 4) by the use of any vulgar, profane or Indecent language^ therein. 5- BIB] 37946-U01 ORD-U02 516-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31568-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 516Ì¤<žjh£Ÿj¿_¼Ihi 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 same are kept upon a leash under the full control of Its owner or person In possession, if the Director finds that at certain times, under specified restrictions, and at designated places, a person can ride a horse, mule, burro or donkey, or other simllor animal, or can lead such animal without Interference with the use of a park, he shall grant such person permission to do so. I) Jtetor Vehicles. No person, other than City employees, shall operate a motor vehicle. Includ- ing house trailers, on any part of any park, except that If the Director finds that at certain times, under specified restrictions, and at designated places, a person can operate a motor vehicle so as to not to Interfere In any way with the use of any park, he may grant such person permission so to operate such motor vehicle, J) Solicitation. A person shall not solicit In any manner or for any purpose, or sell or offer for sale, any goods, wares, or merchandise, therein, except: 1) by any City granted concession; or 12) If a baseball team which Is a member of a regular baseball league, admits all members of the general public to the extent of capacity without discrimination and with- out charge to any garoe played, such baseball team may solicit voluntary contributions from the spectators attending such game. kl 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. 15 Hours of Use. No person shall be, re- main, stay or loiter In any park, or building therein, between the hours of 12s00 Midnight and 5:00 AJft. of the following day, without first obtaining written permis*- slon from the Director therefor. ml Overnight Camping. The Director may permit any youth group to camp overnight at a designated loca- tion In a park. If the members of such group will be supervised during such camping by an adequate number of responsible adults and If such overnight camping will not Interfere with, or In any way be detrimental to the park, or Interfere with the use thereof. Upon the grant- ing of such approval, the members of the youth group and its adult supervisors reay camp at the time, location, and under the conditions specified In said permit. Changing Clothes. A person shall not change clothes on the edges of park waters or In any coinfort station, except in that portion of a park build- ing, designated for such purposes. Washlncj. A person shall not place In any park waters any edible, dish^ r utensil, or cleanse in any park waters any such edible, dish, or utensil, or wash or commit any nuisance in or near such waters or poH^t® any park waters, wash or cleanse In park w;-:^ al portion of th^ t^aya, 6^ BIB] 37946-U01 ORD-U02 516-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31568-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 516Ì¤<žjh£Ÿj¿_¼Ip) Swinging A person shall not swim In any park waters exoept at the places and flaw designated by the Director•" SECTION 2. That the City Clerk shall certtfy to the adoption of this Ordinance and cause the sane to be published In the manner prescribed by law* ADOPTED AND APPROVED this 3rd day of Apri 1968 CCl MAYOR ATTEST: City Clerk ORDINANCE NO, 516 STATE OF CALIFORNIA COUNTY OF LOS ANGELES 3S: CITY OF BALDWIN PARK 1, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 516 was regularly introduced and placed upon its first reading at a regular meetTng of the City Council on the 20th day of March 1968. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the rd day of Apri I________^ 1968, by the following vote: CounciImen AYE NAY N.V. A.B. CounciImen AYE NAY N.V. A.B. ADAIR X MCCARON X CR1TES X2 MOREHEAD. MAYOR X GREGORY XI X Indicates 3 Vote A.B. Absent N,V. Not Voting THELMA L. BALKUS, CITY CLERK BIB] 37946-U01 ORD-U02 516-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31568-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04