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HomeMy WebLinkAbout93-19 CC OrdinanceORDINANCE NO. 93 -19 ' AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF TEME- CULA ADOPTING PARK AND RECREATIONAL FACILITY POLICIES AND REGULATIONS ESTABLISHING GENERAL OPERA- TION POLICIES GOVERNING SPECIAL USE PARKS, AND REPEALING ORDINANCE NO. 91 -37 WIIEREAS, the City Council of the City of Temecula has authority over the public parks and recreational facilities within the jurisdictional boundaries of the City of Temecula; and WHEREAS, the City Council may adopt regulations binding upon all persons governing the use of City parks and recreational facilities and property, and may deem a violation of any such regulation a misdemeanor; and WIIEREAS, the City Council may identify Special Use Parks; and WIIEREAS, the City Council by adopting Ordinance No. 91 -37 on October 8, 1991, adopted certain operational policies and procedures pertaining to park and recreational facilities; and ' WHEREAS, the City Council is now desirous of amending such adopted policies and procedures; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance No. 91 -37 is hereby repealed. Section 2. Definitions: Definitions: The following words shall have the meaning indicated when used in these regulations: A. "Park" means any community park, neighborhood park, special use or any other recreational facility maintained by the City of Temecula. B. "Board" means the Board of Directors of the Temecula Community Services District, or any other person authorized by the Board, pursuant to law, to act in its stead. C. "Commission" means the Community Services Commission for the City of Temecula. 5\ords \93 -19 1 D. "Amplified sound" means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers. E. "Knife or dagger" means any knife, or dagger having a blade of three inches or more in length; any ice pick or similar sharp stabbing tool; any straight -edge razor blade fitted to a handle. F. "Vehicle" means any device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power. G. "Vehicular travel" means travel by a vehicle. H. "Director" means the Director of Community Services. Section 3. Rules and Regulations Applicable in City Parks: The following rules and regulations apply in all City parks, including Special Use Parks, unless expressly stated otherwise elsewhere in these regulations. Section 4. Duty to Comply: No person shall enter, be, or remain in any park unless he complies at all times with all of the City ordinances and regulations applicable to such park and with all other applicable laws, ordinances, rules and regulations. ' Section 5. Equal Opportunity: Any and all individuals shall be provided equal opportunity for the use of any park and any recreational program without regard to physical limitation, age, race, color, national origin, religion, political beliefs or sex. Section 6. Operation of Vehicles: A. Roads for Public Use: The provisions of the California Vehicle Code are applicable in the City parks upon any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All violations of said Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof. B. Surfaces Other than Roads for Public Use: Skateboards: No person shall drive or otherwise operate a vehicle in a park upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the Commission, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, and motorized wheelchairs. No person shall ride or operate a skateboard in any designated City park unless that person is wearing a helmet, elbow pads, and knee pads. Any person failing to do so will be subject to citation under this Ordinance. S \ords \93 -19 2 Section 7. Solicitation Prohibited: No person shall practice, carry on, conduct or solicit for any commercial occupation, business, or profession in any City park, or sell or offer for sale any food, beverage, merchandise, article, or anything whatsoever in any City park. This section shall not apply to any person acting pursuant to a contract with the City of Temecula or the Temecula Community Services District, or under a permit granted by the Commission or Director. Section 8. Prohibition of Animals in Park. No person shall cause, permit, or allow any animal owned or possessed by him, or any animal in his care, custody, or control to be present in any City park except: (A) Equine animals being led or ridden under reasonable control upon any bridle paths or trails provided for such purposes. (B) Equine or other animals which are hitched or fastened at a place expressly designated for such purpose. (C) Dogs or cats when led by a cord or chain not more than six (6) feet long, or when confined within the interior of a vehicle. (D) disabled persons ti ' (E) (F) (G) Dogs which have been specially trained and are being used by blind or aid and guide them in their movements. Small pets which are kept on the person of the possessor at all times. In connection with activities authorized in writing by the Commission. Fowls or animals turned loose at the direction of the Commission. Section 9. Duty to Care for Animals: It shall be the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for a dog, cat, or an equine animal in a park to promptly collect, pick up, and remove all fecal matter left behind by said animal in or upon any park; provided, however, that this subsection shall not apply to guide dogs for blind or disabled persons or to equine animals on bridle paths. Section 10. Amplified Sound in Parks: (A) Purpose: The City Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by constitu- tional rights of free speech and assembly, the City Council nevertheless is permitted and obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom ' from the public nuisance of loud and unnecessary sound. 5 \ords \93 -19 3 (B) Permit Required for Amplifiers: It shall be unlawful for any person to install, use, and operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving instruction, directions, talks, addresses, or lectures, or of transmitting music to any persons or groups of persons in any park, or in the vicinity thereof, except when installed, used, or operated in compliance with one of the following provisions: 1. By authorized law enforcement or the Director, or 2. Under a reservation or permit issued by the Director, and when operated in accordance with terms of said reservation or permit. (C) Granting and Denial of Permit: In determining whether to grant or deny a permit, the Director shall be guided by the following considerations: 1. The constitutional free speech and assembly rights of all persons, including the applicant; 2. The possible effects upon the peaceable passage or presence of persons in the park; 3. The potential for disorder or unlawful injury to persons or property; ' 4. The potential invasion of other persons' rights of privacy; 5. The possible unlawful breach or disturbance of the peace; and 6. Any actual conflict with other scheduled park uses or events. The Director shall not deny a permit on the basis of any dislike for or disagreement with the content of any proposed talks, addresses, lectures, or musical presentations. The Director may, however, deny a permit for any such events which are designed for the purpose of advocating imminent lawless conduct. (D) Power Source for Amplifiers: Amplifiers permitted in parks shall be operated only through a power source provided by the City, a battery, or a generator. Section 11. Prohibition of Firearms, Fireworks, and Toy Weapons: No person shall carry or discharge firearms, firecrackers, rockets, torpedoes, or other types of explosives, or carry or discharge any gun, or pistol, or any sling shot or similar device, or any bows and arrows, or any other object capable of propelling a projectile, or carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of the park, or bring into any park any of the above objects or articles. Fireworks may be permitted for special events 5 \ords \93 -19 4 only with formal approval from the Community Services Commission and the Fire Depart ' ment. Section 12. Prohibition of Dangerous Weapons: The provisions of the California Dangerous Weapons' Control Law are applicable in City parks and shall be enforced and prosecuted in accordance with the provisions thereof. No person shall carry on his person, in plain view, any knife with a blade in excess of 3 inches. Daggers are strictly prohibited. Section 13. Exceptions to Applicability: The provisions of Section 12 shall not be deemed to prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or for the purpose of lawful recreation. Section 14. Damaging Property: No person shall cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other structure, apparatus, or property, or pluck, pull up, cut, take, or remove any shrub, bush, plant, or flower, or mark or write upon, paint, or deface in any manner any building, monument, fence, bench, or other structure within any City park. Section 15. Damaging Land: No person shall cut, dig, or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer within any City park unless approved by the Director of Community Services. ' Section 16. Golf: No person shall play or practice the game of golf, including chipping, putting, driving or any other type of play or practice which includes the hitting of golf or similar type ball with a golf or similar type club within any City park. Section 17. Water: No person shall swim, fish in, bathe, wade in, release pet animals in, or pollute the water of any fountain, pond, lake, stream, or reservoir within any City park except by permission of the Commission. Section 18. Fires and Fireplaces: No person shall kindle a fire within any City park except in fireplaces provided for that purpose or in barbecues approved by the Commis- sion, except by permission of the Director. Section 19. Waste Liquids and Refuse: No person shall wash dishes, or empty salt water or other waste liquids, or leave garbage, cans, bottles, papers, or other refuse anywhere in any City park other than in the receptacles provided therefor. Section 20. Loitering at t Night: No person shall be or remain in any City park between the hours of eleven (11:00) o'clock p.m. and six (6:00) o'clock a. in. of the following day without permission of the Director. The provisions of Sections 26 and 27 shall govern the granting or denial of such permission. 5 \ords \93 -19 5 Section 21. Meetings: No person shall hold any meeting, service, sporting event, ' concert, exercise, parade or exhibition in any City park without first obtaining a Use Permit from the Director. The provisions of Sections 26 and 27 shall govern the issuance or denial of a permit under this Section. Section 22. Alcoholic Beverages: A. No person shall consume any alcoholic beverage within any City park, unless formally approved by the Commission. B. (1) Notwithstanding the above, the sale or consumption of alcoholic beverages at any indoor City public facility is permitted only with approval of the Director. A temporary license from the California Department of Alcoholic Beverage Control, and proof of $1,000,000.00 (one million dollars) liquor liability insurance coverage and liability insurance coverage identifying the City of Temecula as additional insured is also required. (2) No person under the age of 21 is permitted to consume alcoholic beverages in any City park or facility. ' (3) Security may be required for events in which alcohol is served, depending upon the type of event at the discretion of the Director. C. Sale and Consumption of Alcoholic Beverages in Special Use Parks. (1) No person or organization shall sell or consume alcoholic beverages in a Special Use Park, unless formally approved by the Director of Community Services. (2) Alcoholic beverages must be consumed in designated areas. (3) A temporary license from the California Department of Alcoholic Beverage Control, $1,000,000.00 (one million dollars) liquor liability insurance and liability insurance identifying the City of Temecula as additional insured is also required. (4) No person under the age of 21 (twenty -one) is permitted to consume alcoholic beverages in any Special Use Park. (5) Security will be required for events in which alcohol is sold, as well as events where alcohol is not served. 1 5 \ords \93 -19 6 Section 23. Controlled Substances: The provisions of the California Uniform 1 Controlled Substances Act are applicable in City parks and shall be enforced and prosecuted in accordance with the provisions thereof. Section 24. Glass Containers: No person shall possess any glass container in any City park. Section 25. amine Balloons or Planes: No person shall use any City park as a primary launch site for hot air balloons unless formally approved by the Commission. Motorized airplanes, and gliders are prohibited on any City park site. Section 26. Use Policies: A. Reserved Use: Reserved use (defined as exclusive, permitted use for one or more occasions) of parks shall require obtaining a "Use Permit" in a form established by the Director of Temecula Community Services ( "District "). The City Council may establish use fees by Resolution. B. Unreserved Use: Use of all parks, except for special use parks, will be based on first come, first serve basis. No "Use Permit" is required for this purpose. If a user group wishes to reserve the use of a park, a "Use Permit" shall be required, with all ' applicable fees, rules, regulations, terms and conditions enforced. C. Multiple Park Reservations: If more than one recreational facility is reserved (e.g., two sports fields), applicable fees and deposits shall be charged for each park reserved. D. Sponsored Uses: Any City sponsored or co- sponsored reserved use shall be deemed a use for City purposes, and shall be exempt from all fees, deposits and permit requirements. Such determination shall be made by the Director. E. User Groups: User groups designations shall be used to establish or form the basis variable fee schedules for use permits. The following User Groups are hereby established. Group I - TCSD- sponsored or co- sponsored leisure and recreational activities. Group I1 - Youth groups conducting non - profit youth oriented sports activities, and non - profit athletic /civic organizations conducting community oriented leisure or sports activities. S \ords \93 -19 7 Group III - Base standard rate for community users on a non - profit basis. Group IV - Profit making, commercial businesses or non- resident organizations conducting activities that are for profit and are either open or closed to the public. F. Recurring Use: Recurring use is generally defined as uses of parks on a regularly scheduled basis for more than one occasion (i.e, leagues, etc.) G. Nonrecurring Use: Nonrecurring use is generally defined as use on a one time only or special event basis (i.e., annual picnic, parties or company sponsored events). A fee and permit are required only when reserved use by an organization is requested. H. Exemption: Due to special or unusual circumstances, the Community Services Commission may exempt user groups II, III and IV from fees for the use of recreational facilities. It is the responsibility of the specific user group to formally request exemption from the Community Services Commission. The request should stipulate the special or unusual circumstances that necessitate exemption. I. Scheduling Priorities: Scheduling priorities shall be by user groups as ' indicated previously with Group I having precedence over II, Group II over III, etc. In the event of conflict, the Director reserves the right to schedule any group. Scheduling of reserved uses will be carried out by the Director or his /her designee in a fair and equitable manner, to serve the leisure and recreation needs of the citizens of the City. J. Sports Field and Facility: It is recognized that recreational facilities and sports fields vary in type and location. However, fee schedules shall generally apply equally to all sports fields and facilities depending on the level of service required for any individual facility. K. Fee Payment: User Permit fees are due and payable at the City of Temecula offices 72 hours prior to the use of the Park. Charges assessed for damages and grounds cleanup shall include only City's actual cost and are due and payable upon demand to the user. When fees are due and payable at the time a permit is issued, refunds are permitted if sufficient notice is given to the City upon cancellation with five (5) working days notice for nonrecurring groups. L. Sales and Uses: User groups, desiring to use park for fund - raising purposes shall be allowed to do so subject to generally applicable policies and fees. Food concessionaires and other uses which are determined by the Director to be solely a commer- cial undertaking, and without educational, recreational or cultural benefit to the community, ' shall be selected pursuant to City public bidding procedures. 5\ords \93 -19 8 M. Inclement Weather: Inclement weather is generally defined as weather ' which, in the judgment of the Director, has left parks in a condition which, if the parks are used, presents a risk of damage to the parks or injury to users. The Director shall have the authority to deny use of all or any portion of a park to a user based on inclement weather. The Director reserves the exclusive right to determine that a park use is precluded by inclement weather, and no refund of fees shall be made on grounds of bad weather or field condition unless the Director makes such determi- nation. N. Denial of Facility Use: The Director shall have the authority based on cause to deny use of all or any portion of a park to any group or individual who has abused the privilege of park use as included in but not limited to the general policies and rules governing the use of parks. O. Liability Insurance: (1) All user groups conducting reserved sporting or special event activities that will attract fifty (50) or more patrons (i.e., tournaments, clinics, fairs, festivals, concerts, performances, camps, etc.) will be required to provide the Director with a certificate of insurance in the amount of one million dollars ($1,000,000.00) naming the ' City of Temecula and the Temecula Community Services District as additional insured. (2) Insurance for Special Use Parks. (a) All user groups are required to provide the Director with an insurance policy and an original certificate of general liability insurance in the amount of one million dollars ($1,000,000.00) naming the City of Temecula as additional insured which is subject to review and approval by the City Risk Manager. (b) Vendor's liability, liquor liability and Worker's Compen- sation Insurance may also be required, at the discretion of the City Risk Manager. P. General Compliance: User groups agree to comply with all applicable governmental agencies' ordinances, statutes and regulations and to assume full responsibility for payment of all sales use and possessory interest taxes. Section 27. Reservations for Special Use Parks: A. The City Council may designate by resolution Special Use Parks. Special Use Parks are closed to the public except by Use Permit. 5 \ords \93 -19 9 B. Any event or activity sponsored or co- sponsored by the City of ' Temecula shall have reservation precedence over any other interim event or activity that has requested the use of a Special Use Park. C. No event will be scheduled which is in conflict with another event. D. All event applications must be approved by the Director. Any event which will place a major impact on the Special Use Permit may be subject to Commission approval. E. An application for use of a Special Use Permit must be completed, signed and submitted ninety (90) calendar days prior to the event date. F. All insurance requirements and fees must be submitted thirty (30) days prior to use. G. If the appropriate application, fees, deposits and insurance have not been received by the City within thirty (30) days prior to the event, the City reserves the right to cancel said event. H. The City reserves the right to enter and inspect Special Use Parks at any time. The user group is required to provide the City with appropriate information and ' credentials for such purposes. I. The City will not be responsible under any circumstances for the property or equipment of the user group or his /her exhibitors, concessionaires, employees or entertainment. J. The City reserves the right to refuse or cancel the use of Special Use Park site if an event or activity is deemed unsuitable in nature, or may cause undue or unusual damage to the facilities. K. Events will be booked within a twelve (12) month period. Any event scheduled beyond a twelve (12) month period will be considered tentative unless a lease agreement has been approved by the City Council. L. Returning user groups in good standing with the City shall have first option for the use of facilities with corresponding days from year to year unless a separate lease agreement has been approved by the City Council. M. The scheduling of events on the following holidays will be considered on a case by case basis and at the discretion of the Director: Independence Day, Thanksgiv- ing, day after Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve, New Year's ' Day, Easter, and other holidays. 5 \ords \93 -19 10 Section 28. Certification: The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 14th day of December, 1993. ATTEST: —Q�- Jun reek, City Cler [SEAL] Mords \93 -19 11 J. Sal unoz, i\ yor n STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance 93 -19 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of November, 1993 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of December, 1993 by the following roll call vote: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Munoz NOES: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None 5 \ords \93 -19 mow.. Gj ��►, , mow. 12