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HomeMy WebLinkAbout91-37 CC OrdinanceORDINANCE NO. 91-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS WHEREAS, The City Council of the City of Temecula has authority over the public parks and recreational facilities within the jurisdiction boundaries of the City of Temecula; and WHEREAS, The Board of Directors 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 and misdemeanor. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOW: SECTION 1. General Policy: A. F. qlml Opportunity: Any and all individuals shall be provided equal opportunity for use of any recreational facility and any recreational program without regard to physical limitation, age, race, color, national origin, religion, political beliefs or sex. B. Reserved Use: Reserved use (defmed as exclusive, permitted use for one or more occasions) of community, neighborhood and other recreational facilities shall require obtaining a "Use Permit" in a form established by the City of Temecula Community Services District (TCSD). The TCSD may establish use fees by Resolution. C. Community Park (Unreserved) Use: Use of all community park facilities (defined as a site that serves the City's residential areas) 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 community park facility, a "Use Permit" shall be required, with all applicable fees, rules, regulations, terms and conditions enforced. D. Multiple Facility Reservations: If more than one recreational facility is reserved (e.g. two sports fields), applicable fees and deposits shall be charged for each facility reserved. E. Sponsored Uses: Any use of recreational facilities scheduled for TCSD sponsored or co-sponsored uses shall be deemed a use for TCSD purposes, and shall be exempt from fees, deposits and permit requirements listed herein. Such determination shall be made by the Director of Community Services. Ords 91-37 -1- F. User Groups: User groups are established and defined as follows to categorize groups using certain recreational facilities. User groups designations form the basis for variable fee schedules for certain recreational facilities as provided elsewhere herein. Group 1 - TCSD-sponsored or co-sponsored leisure and recreational activities. Group II - Youth groups conducting non-profit youth oriented sports activities, and non-profit athletic/civic organi?ations conducting community oriented leisure or sports activities. 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. G. Recurring Use: Recurring use is generally defined as uses of recreational facilities on a regularly scheduled basis for more than one occasion (i.e. leagues, etc.) H. Nonrecurring Use: Nonrecurring use is generally defined as uses of recreational facilities on a one time only or special event basis (i.e., annual picnic, parties or company sponsored events). A fee and permit is required only when reserved use by an organization is requested. I. Exemption: Due to special or unusual circumstances, the Parks and Recreation 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 Parks and Recreation Commission. The request should stipulate the special or unusual circumstances that necessitate exemption. J. 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 of Community Services ("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 Temecula Community Services District. K. 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 an individual facility. L. Fee Payment: The fees applicable to the use of facilities are due and payable at the City of Temecula offices 72 hours prior to the use of that facility. Charges assessed for damages and grounds cleanup shall include only City's actual cost and are due and payable Orda 91-37 -2- 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. M. Sales and Uses: Authorized user groups, as described herein, which desire to use facilities for fund-raising purposes shall be allowed to do so subject to policies and fees contained herein. Food concessionaires and other uses which are determined by the TCSD to be solely a commercial undertaking, and without educational, recreational or cultural benefit to the community, shall be selected pursuant to City public bidding procedures. N. Inclement Weather: Inclement weather is generally defined as weather which, in the judgement of the Director, has left recreational facilities in a condition which, if the facilities are used, presents a risk of damage to facilities or injury to users. The Director shall have the authority to deny use of all or any portion of a facility to a user based on inclement weather. The Director reserves the exclusive right to determine that a use of TCSD facilities 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 determination. O. Denial of Facility Use: The TCSD shall have the authority based on cause to deny use of all or any portion of a facility to any group or individual who has abused the privilege of facility use as included in but not limited to these general policies and general rules governing the use of community and neighborhood park. P. IJability Insurance: 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 TCSD as additionally insured. SECTION 2. Park.q & Recreation Facilities Regulations: Definitions: The following words shall have the meaning indicated when used in these regulations: A. "Park" means any community park, neighborhood park, 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 Parks and Recreation Commission for the City of Orda 91-37 -3- Temeeula. 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. SECTION 3. 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 4. Rules and Regulations Applicable in City Parks: The following rules and regulations apply in all City parks unless expressly stated otherwise elsewhere in these regulations. SECTION $. 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 park, except in designated areas. SECTION 6. Solicitation Prohibited: No person shall practice, carry on, conduct or solicit for any 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. SECTION 7. 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 Ords 91-37 -4- present in any City park except: (A) Equine animals being led or riddea 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) Dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements. (E) Small pets which are kept on the person of the possessor at all times. (F) In connection with activities authorized in writing by the Commission. (G) Fowls or animals turned loose at the direction of the Commission. SECTION 8. 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 9. 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 constitutional rights of free speech and assembly, the City Council nevertheless feels 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. (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 park and recreation personnel or Ords 91-37 -5- 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: including the applicant; The constitutional free speech and assembly rights of all persons, persons in the park; The possible effects upon the peaceable passage or presence of 3. The potential for disorder or unlawful injury to persons or property; 4. The potential invasion of others 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 10. Prohibition of Firearms, Firework,% 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 speci~ events only with formal approval from the Parks and Recreation Commission and the Fire Department. SECTION 11. 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 access of 3 inches. Dagger are strictly prohibited. SECTION 12. Exceptions to Applicability: The provisions of Section 10 shall not be deemed to prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or Ord8 91-37 -6- for the purpose of lawful recreation. SECTION 13. 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. SECTION 14. Damaging l~nd: No person shall cut, dig, or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer, except park maintenance personnel. SECTION 15. 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. SECTION 16. 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 except by permission of the Commission. SECTION 17. Fires and Fireplaces: No person shall kindle a fire except in fireplaces provided for that purpose or in barbecues approved by the Commission, except by permission of the Director. SECTION 18. Waste l.iquids 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 other than in the receptacles provided therefor. SECTION 19. Ioitering at 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.m. of the following day without permission of the Director. The provisions of Section 9 (c) shall govern the granting or denial of such permission. SECTION 20. Meetings: No person shall hold any meeting, service, sporting event, concert, exercise, parade or exhibition in any public park without first obtaining a permit from the Director. The provisions of Section 9 (c) shall govern the issuance or denial of a permit under this Section. SECTION 21. Alcoholic Beverages: No person shall consume any alcoholic beverage within any park, unless formally approved by the Parks and Recreation Commission. SECTION 22. Controlled Substances: The provisions of the California Uniform Controlled Substances Act are applicable in district parks and shall be enforced and prosecuted in accordance with the provisions thereof. Ords 91-37 -7- SECTION 23. Glass Containers: No person shall possess any glass container in City parks. SECTION 24. Flying galloons or Planes: No person shall use any City park as a primary launch site for hot air balloons unless formally approved by the Park and Recreation Commission. Motorized airplanes, and gliders are prohibited on City park site. SECTION 25. 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 8th day of October, 1991. Ronald J. Parks, Mayor ATTEST: Ju~r~k, Cit~y' Clerk~~ [SEAL] Ords 91-37 -8- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) $S CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do HEREBY CERTIFY that the foregoing Ordinance 91-37 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of September, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 8th day of October, 1991, by the following roll call vote. AYES: 4 COUNCILMEMBERS: Moore, Lindemans, Mufioz, Birdsall NOES: 0 C OUNCILMEMBERS: None ABSENT: 1 C OUNCILMEMBERS: Parks Ords 91-37 -9-