HomeMy WebLinkAbout12-03 CC Ordinance ORDINANCE NO. 12-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE TEMECULA MUNICIPAL
CODE BY AMENDING SECTIONS 12.04.250.A,
12.04.250.D, 12.04.250.1, 12.04.250.L, 12.04.250.M.1,
12.04.250.M.2, 12.04.250.N, AND 12.04.250.0. TO
AUTHORIZE THE CITY MANAGER TO ESTABLISH
REGULATIONS FOR THE ASSESSMENT OF RISK AND
LIABILITY INSURANCE FOR RENTALS OF CITY PARKS
AND FACILITIES AND TO CHANGE THE PERSON WITH
AUTHORITY FOR CERTAIN PARK USE DECISIONS
FROM DIRECTOR OF COMMUNITY SERVICES TO CITY
MANAGER OR DESIGNEE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Temecula hereby amends Chapter
12.04.250.A as follows:
12.04.250.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 city manager or
designee. The city council may establish use fees by resolution.
Section 2. The City Council of the City of Temecula hereby amends Chapter
12.04.250.D as follows:
12.04.250.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 city manager or designee.
Section 3. The City Council of the City of Temecula hereby amends Chapter
12.04.250.1 as follows:
12.04.250.1 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 city manager or
designee reserves the right to schedule any group. Scheduling of reserved uses will be
carried out by the city manager or designee in a fair and equitable manner, to serve the
leisure and recreation needs of the citizens of the city.
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Section 4. The City Council of the City of Temecula hereby amends Chapter
12.04.250.L as follows:
12.04.250.L Sales and Uses
User groups desiring to use park for fund-raising purposes shall be allowed to do so
subject to generally applicable poticies and fees. Food concessionaires and other users
which are determined by the city manager or designee 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.
Section 5. The City Council of the City of Temecula hereby amends Chapter
12.04.250.M.1 as follows:
12.04.250.M.1 Inclement Weather
"Inclement weather" is generally defined as weather which, in the judgment of the city
manager or designee has left parks in a condition which, if the parks are used, presents
a risk of damage to the parks or injury to users.
Section 6. The City Council of the City of Temecula hereby amends Chapter
12.04.250.M.2 as follows:
12.04.250.M.2 Ability to Deny Use
The city manager or designee shall have the authority to deny use of all or any portion
of a park to a user based on inclement weather. The city manager or designee
reserves .the exclusive right to determine that a park use is precluded by inclement
weather, and no refund of fees shall be made on the grounds of bad weather or field
condition unless the city manager or designee makes such determination.
Section 7. The City Council of the City of Temecula hereby amends Chapter
12.04.250.N as follows:
12.04.250.N Denial of Facility Use
The city manager or designee shall have the authority to deny use of all or any portion
of a park to any group or individual who has violated the general policies or rules
governing the use of parks or otherwise conducted themselves, individually or as a
group, in a manner adversely affecting the peace and enjoyment of the park by
reasonable persons.
Section 8. The City Council of the City of Temecula hereby amends Chapter
12.04.250.0 as follows:
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12.04.250.0. Liability Insurance
The City Manager shall prepare and approve written regulations governing the
insurance requirements for the use of parks. User Groups shall comply with the
insurance requirements of these regulations as a condition of receiving a permit or
approval to use a park pursuant to this chapter. The regulations may be updated as
necessary and shall include the following provisions:
1. The user groups that are required to obtain insurance for their use of the park
based on a schedule of hazardous/risk classifications;
2. The type of insurance policies required based on hazard/risk classifications for
the proposed activities of the user group;
3. The amount of coverage required for such policies;
4. Special provisions governing the form of the policy;
5. Additional insure requirements for other City entities;
6. Documentation establishing confirmation of required coverages;
7. The deadline for a user groups to provide confirmation of required insurance; and
8. Such other provisions as are necessary or convenient to protect the City and its
related entities and provide for the efficient processing of the required insurance
for the rental permit.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 13 day of March, 2012.
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huck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Cle
[S EAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 12-03 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 28 day of February, 2012,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 13 day of March, 2012, the following vote:
AYES: - 3 COUNCIL MEMBERS: Comerchero, Edwards, Washington
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 2 COUNCIL MEMBERS: Naggar, Roberts
ABSTAIN: 0 COUNCIL MEMBERS: None
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Susan W Jories, MMC
City Clerk
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