HomeMy WebLinkAboutOrdinances_2081_CCv0001.pdf ORDINANCE 2081
AN ORDINANCE OF THE CITY OF REDLANDS
AMENDING CHAPTER 12.44 OF THE REDLANDS
MUNICIPAL CODE TO ESTABLISH NEW STANDARDS
REGARDING USE OF CITY PARKS
WHEREAS, the City Council wishes to provide for the
orderly use of city parks consistent with the legitimate
concerns of nearby park residents; and
WHEREAS, a committee consisting of one member each
from the City Council, the Parks Commission, the Police
Departmentr the Redlands Community Music Association,
together with the Community Services Director and two
members representing the citizens at large, (the
"Committee" ) was established in February of 1989 to review
Redlands municipal Code Chapter 12.44 relating to operation
and use of public parks and to recommend such changes as
reasonably appear to be necessary to effect the goals of the
City Council; and
WHEREAS, the Committee presented its report at the
City Council meeting held on April 4, 1989; and
WHEREAS, the City Council has heard and approved
the report of the Committee and the recommendations for
changes to the Redlands municipal code contained therein;
and
WHEREAS, to implement the Committee recommendation
and to promote the health, safety and 'welfare of the
citizens of Redlands, Chapter 12.44 must be amended as set
forth herein.-
The City of Redlands DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 12.44 of the Redlands Municipal
Code is hereby amended to read as follows:
"Chapter 12. 44
Parks
12.44.010 Definitions.
12.44.020 Compliance Required.
12.44.030 Applicability.
12.44.040 Vehicle and bicycle operation.
12.44.050 Solicitation prohibited.
12.44.060 Animals Prohibited --
Exceptions.
12.44.0 70 Duty to care for animals.
12.44.080 Amplified sound Purpose of
regulations.
12.44.090 Amplified sound Permit
required.
12.44.100 Amplified sound Grant or
denial of permit.
12.44.110 Amplified sound Appeal of
permit denial .
12.44.120 Amplified sound Power
source designated.
12.44.130 Amplified sound -- Regulation
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12.44.135 Additional Alternate Power Sources
Approval, Inspection and Fees.
12.44.140 Firearms, fireworks and toy
weapons prohibited.
12.44.150 Damaging property prohibited.
12.-44.1614 Damaging land prohibited.
12.44.170 Water.
12.44.180 Fires and camping.
12.44.194 Picnicking.
12.44.244 Disposal of waste liquids and,
refuse.
12.44.2 10 Games.
12.44.220 Advertising matter.
12.44.230 Permit required to sell
merchandise.
12.44.240 Commercial activity
prohibited....
1.2.44.254 Loitering at night.
12.-44.254 Meetings.
12.44.270 Drinking of alcoholic
beverages.
12.44.280 Reservation -_ Responsibility.
12.44.290 Reservation 'Without formal
permit.
12.44.300 Reservation -- Formal permit -
Generally.
12.44.318 Reservation -- Formal permit -
Application.
12.44.32E Reservation - Formal permit
Conditions.
12,.44,330 Reservation Formal permit
Additional facilities.
12.44.335 Reservation --- Formal permit -_ Time
Limitations.
itations.
12..44.340 Reservation Formal permit �-
Fees.
12.44.350 Reservation Formal permit -
Security.
12.44.360 Reservation Formal permit --
Reimbursement.
12.44.37E Consent required for permit or
reservation transfer.
.2.44.380 Right of appeal.
12.44.390 Insurance.
12.44.40E Enforcement responsibility.
12.44.818 Definitions.
The following words shall have the meaning indi-
cated when used in this chapter.-
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A. "Amplified sound" means music, sound wave,
vibration, or speech projected or transmitted by electronic
equipmento including amplifiers.
a. "Director" means the Community Services Direc-
tort or any other person authorized by him, pursuant to law,
to act in his stead.
C. "Park" means any park, playground, athletic
facilities, recreation area or centers, or any other area or
structure maintained and operated by the City by itself or
in conjunction with any other governmental or private
entity.
D. "Permit" or "reservation" means written autho-
rization for exclusive use of parks or buildings or portions
thereof, as provided for and defined in this chapter.
E. "Vehicle" means any device by which any person
or property may be propelled, moved, or drawn, excepting a
device moved by human power.
F. "Risk Manager" means the Finance Director, or
any other person authorized by himt pursuant to law, to act
in his stead.
12.44.020- Compliance required.
No person shall enter, be, or remain in any park
unless he complies at all times with all of the regulations
set forth in this chapter applicable to such park and with
all other applicable laws, ordinancesf rules and regula-
tions.
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12 44.030 Applicability.
The rules and regulations set out in this chapter
apply in all parks in the City unless expressly stated
otherwise elsewhere in this chapter.
12.44.040 Vehicle and bicycle operation.
A. Roads for Public Use. The provisions of the
California Vehicle Cade 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 the California Vehicle
Cade shall be enforced and prosecuted in accordance with the
provisions thereof.
B. Surfaces other than Roads for Public Use. No
person shall drive or otherwise operate a vehicle in e city
park, and no person shall ride a bicycle (as defined in the
California Vehicle Code) in a city 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 Director, and further
excepting vehicles in the serviceof the City.
C. Skateboard, use. No person shall ride or
otherwise use a `skateboard in a city park upon surfaces
ether than those specifically designated, maintained and
posted as open to the public for such purpose, and each
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person engaging in such skateboard activities does so at his
own risk.
12.44.050 Solicitation prohibited.
No person shall practice, carry on, conduct or
solicit for any occupation, business, or profession in any
city park or building, or sell or offer for sale any mer-
chandise, article, or anything whatsoever unless such person
is acting pursuant to a contract with the City, or under an
authorization granted by the Director.
12.44.060 Animals prohibited -- Exceptions.
No person shall cause, permit, or allow any animal
owned or possessed by him, or any animal in his care, cus-
tody, or control to be present in a park except:
A. Equine animals being led or ridden under rea-
sonable 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. bogs or cats when led by a cord or chain not
more than six 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 Director-,
G. Fowl or animals turned loose at the direction
of the Director.
12.,44.070 Duty to care for animals.
It is the mandatory duty of all persons owning,
possessing, in control of, or otherwise responsible for a
dog, cat, or an equine animal in a city park to promptly
collect, pick up, and remove all fecal matter left behind by
said animal in or upon the park; but this section shall not
apply to guide dogs for blind or disabled persons.
12.44.o8o Amplified sound -- Purpose of regulations.
The City has enacted those sections of this Chapter
regulating amplified sound for the sole purpose of securing
and promoting the public health, comfort, safety, and
welfare of its citizenry. The use of electrical equipment
of any kind in 'a City park poses physical risks of harm for
which the City may have liability unless such use is
reasonably regulated. Additionally, the right of persons to
speak is properly limited with regard to time, place and
manner by balancing the correlative constitutional rights of
the citizens of this community to privacy and freedom from
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the public nuisance of excessively loud and unnecessary
sound.
12.44.090 Amplified sound -- Permit required.
It is unlawful for any person to install, use, and
operate within a parka loudspeaker or any sound amplifying
equipment for the purposes of giving instructions, direc-
tions, talks, addresses, or lectures, or of transmitting
music to any persons or assemblages of persons in a park, or
in the vicinity thereof, except when installed, used, or
operated in compliance with one of the following provisions:
A. By authorized law enforcement or park and
recreation personnel; or
B. Under a reservation or permit issued by the
Director, and when operated in accordance with terms of that
reservation or permit.
12.44.100 Amplified sound -- Grant or denial of permit.
A. In determining whether to grant or deny a
permit, the Director shall be guided by the following
considerations;
1. The extent to which sound may carry into
private or residential areas of the City.
2. Any actual conflict with other scheduled park
uses or events.
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3. The necessity for careful and safe provision
of electricity and the safety of individuals near such
electrical sources.
B. The Director shall not deny a permit on the
basis of any dislike for or disagreement with the content of
any proposed talks, addressesp lectures, or musical
presentations.
12.44.110 Amplified sound Appeal of permit denial.
A. Upon denial by the Director of an application
made pursuant to this section, the applicant may appeal to
the City Council within two days thereafter by filing his
application and a copy of the notice of denial with the City
Clerk, and requesting a hearing. The City Clerk shall set
the appeal for hearing by the Council at its next regular
meeting. Upon such appeal, the Council may reverse, affirm
or modify in any regard the determination of the Director.
B. To carry out the judgment of the Council upon
appeal, the Director shall be directed to act in conformity
with the judgment of the Council.
1 1
12.44.120 Amplified sound -- Power source designated.
Amplifiers permitted in parks shall be operated
only through a power source provided by the Parks Division.
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12.44.130 Amplified sound -- Regulation of volume.
If, at any time, the Police Department determines
that the sound produced by an amplified sound system in a
park is unreasonably interfering with other persons using a
park or with nearby residents in the comfortable and
reasonable enjoyment of their premises, an officer shall
request the person in charge of the assembly, or any other
person appearing to be involved in the production of the
sound, to immediately reduce the level thereof. If the
sound is not reduced within five minutes to a reasonable
levelt the officer shall immediately contact the Parks
Division standby person to curtail the power source.
12.44.135 Additional Alternate Power Sources - Approvale
Inspection and Fees.
Any additional or alternate power source for
lighting or other purposes which may be required must be
approved for such use by the Building and Safety Department
or by the City Electrician and by the Director for safety,
noise and appropriateness. The Building Department and the
City Electrician must inspect all connections, wiring, and
components of sound, lighting and/or wiring systems prior to
rehearsal and/or performance, and each may impose a fee for
such inspections.
12.44.140 Firearms, fireworks and toy weapons
prohibited.
No person shall carry or discharge firearms, fire-
crackers, rockets, torpedoes, or other types of explosives,
or carry or discharge any air gun, or pistol, or any sling
shot or similar device, or any bows and arrows, 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, and if such
objects or articles are brought into any public park, the
person or persons so bringing them in will be subject to
having them taken away from his person by the proper
authorities.
12.44.150 Damaging property prohibited.
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.
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12.44.160 Damaging land prohibited.
No person shallcutor remove any wood, turf,
grass, soil, rock, sand,: gravel, or fertilizer.
12.44.170 Water.
No person shall swim, fish in, bathe, wade in, the
water of any fountain-, pend, lake, stream, or reservoir
except by permission of the Director.<
12.44.180 Fres and camping.
No person shall make or kindle a fire except in
staves provided for that purpose, or camp or ledge therein,
except by permission of the Director,
12.44.130 Picnicking.
No person, shall cask, prepare, serve, or eat any
lunch, barbecue, or picnic except at areas specifically
designated for such purposes.
12.44.200 Disposal of 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 elsewhere than in designated trash
or refuse receptacles.
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12.44.210 Games.
No person shall play or engage in any game, except
in areas specifically designated for such purposes.
12.44.220 Advertising matter.
No person shall distribute any handbills or circu-
lars, or post, place, or erect any bills, notice, paper, or
advertising device or matter of any kind without permission
of the Director.
12.44.230 Permit required to sell merchandise.
No person shall sell or offer for sale any merchan-
dise, article or thing, except by permit from the
Director. Non-profit organizations may sell goods only if
specially authorized by the Director upon the approval of
the person using the facility at the time such non-profit
group proposes to sell goods.
12.44.240 Commercial activity prohibited.
No person shall practice, carry on, conduct, or
solicit for any trade, occupation, business or profession
except as permitted by the Director.
12.44.250 Loitering at night.
No person shall stay, remain or loiter in any
public park between the hours of 11 :00 p.m. and 7:00 a.m. of
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the following day without permission of the Director. The
provisions of Sections 12. 44.100 and 12. 44.110 shall govern
the granting or denial of such permission.
12.44.260 Meetings.
No person shall hold any meeting, servicer concert,
exercise, parade or exhibition at which more than 50 persons
are expected to attend in any public park without first
obtaining a permit from the Director.
12.44.270 Drinking of alcoholic beverages.
No person shall drink any spirituous, vinous, malt,
or mixed liquors without obtaining a formal written permit
from the Director .
12.44.280 Reservation -- Responsibility.
The Director shall be responsible for scheduling
and controlling the use of parks, or portions thereof, for
the maximum benefit and participation by interested persons
or groups, both public and private. All reservable areas in
Sylvan Park shall be subject to reservation according to the
rules and regulations of the Parks Division. Activities
sponsored by the Parks Division or the Recreation Department
shall be given preference in the use of City parks.
12.44.290 Reservation -- Without formal permit.
A. Groups of less than fifty persons desiring the
use of park areas or structures may request the Director to
reserve designated park areas for such use. All picnic
areas reserved by groups or persons not residing within the
boundaries of the City limits of Redlands are subject to the
fee schedules for these reserved areas. Persons or groups
from within the city limits are not subject to reservation
fees and will have priority over persons or groups from
outside the City limits.
B. If the Director is satisfied from the informa-
tion presented to him that the desired area may be reserved
for the intended use without unreasonably interfering with
the use of the park by other persons and without disturbing
the peace of the surrounding neighborhood, he may grant a
reservation upon such conditions as he deems necessary. The
Director will issue reservation forms as necessary to verify
the granting of such reservations.
C. If for any reason the Director is not satis-
fied as to the reasonableness of the proposed activity in
relation to the use of the park by other persons, or as to
the effect of such use upon the peace of the neighborhood,
or if he finds that he is unable to agree with the person
requesting the reservation as to conditions to be imposed,
he shall ask that person to fill out a request for formal
permit in accordance with the procedures in Sections
12.44.300 through 12. 44. 360.
12.44.300 Reservation -- Formal permit -- Generally.
The procedures set out in Sections 12.44. 310
through 12.44.360 shall be followed by persons desiring to
reserve park areas for gatherings or assemblies of fifty or
more persons, and by persons requested by the Director to
complete a request for formal permit under the provisions as
listed in Section 12.44.290.
12.44.310 Reservation Formal permit -- Application.
Application for formal permits must be submitted in
writing upon forms available at the Community Services
office no less than two weeks nor more than ninety calendar
days in advance of intended use.
12.44.320 Reservation -- Formal permit -- Conditions.
The Director may impose such reasonable conditions
upon the issuance of the formal permit as he deems necessary
for the protection of the public health, safetyt and wel-
fare, includingr without limitation, conditions related to
time,, place,, frequency, duration, fees, consumption of
alcoholic beverages, maximum attendance, parking restric-
tions, and placement of apparatus and equipment. Such
conditions and fees shall be set forth in writing and
delivered to persons applying for reservations at the time
an application is requested.
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12.44.3 30 Reservation -- Formal permit -- Additional
facilities.
The Director may also require the applicant to
provide additional water and sanitary facilities and refuse
receptacles as he reasonably believes to be necessary for
the protection of public health, safety, and welfare in
connection with the intended use.
12.44.335. Reservation - Formal permit - Time
Limitations.
Except as specifically authorized under special
circumstances by the Director, use of ;power tocols in any
Park shall conclude no later than 10:00 p.m. Rehearsals
shall conclude no later than 1000 p.m, and performances-
shall conclude no later than 11:00 p.m.
12.44.340 Reservation -- Formal permit - Fees.
All fees in, support of park areas and structures
will be paid at least two weeks prior to the issuance of the
formal permit unless special arrangements for payment have
been approved in advance by the Director . Park fees or
deposits may include, without limitations, such amounts as
may be determined by the Risk Manager to be reasonably
necessary as security for repair of damage to park property,,
for cost of cleanup,, ;and for extra personnel to regulate
conduct and traffic.
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"A
12.44.350 Reservation -_ Formal permit -- Security.
The Director may require the applicant to provide a
designated number of approved security personnel as may be
required by the Chief of Police.
12.44.360' Reservation -- Formal permit -- Reimbursement.
The applicant shall agree to reimburse the City for
any unusual cleanup and facility repair expenses and for
services provided by the 'Parka Division or the Police
Departments incurred as a result of the activity authorized
by the pewit.
12.44.370 Consent required for permit or reservation
transfer.
No permit or reservation for the use of a pawls, or
any portion thereof, shall be transferable without the
written consent of the Director.
12.44.380 Right of a al.
Any person aggrieved by any act or determination o
the Parks, l hector or the Chief of Police an the exercise of
the authority herein granted shall have the richt to appeal
to the City Council.. The appeal shall be in writing,
stating the decision appealed: from and the reasons for the
appeal. That appeal shall be filed with the City Clerk
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within five working days after the occurrence of the act orr
determination farming the basis for the appeal. The appeal:
shall be heard by the Council at the first regular Council
meeting occurring more than five days after the filing of
the appeal.
12.44.390 Insurance.
Any person or group; holding an event requiring a
permit under this Chapter within any City park shall provide
evidence of current insurance with the City named as an
additional insured insuring the City from any and all
liability for injury to persons or property resulting from
the activity. The minimum amount of such insurance shall he
determined by the Risk Manager in his discretion. This
section shall not apply to City sponsored activities.
12.44.400 Enforcement responsibility.
The Police Department shall have the primary
responsibility for the enforcement of the provisions of this
chapter, including all violations of State law within City
parks;. In addition theretor supervisory personnel in the
Parks Div a:ion and all Parke Division personnel classified
as Groundsman-Gardner, Senior Groundsman-Gardner, main-
tenance per'sonnel,
ain-tenance- personnel, security personnel, or any classified
tree personnel, security personnel, shall have the pourers
and duties of a deputy poundmaster for the purposes of
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enforcing the City' s animal control ordinances (code
Sections 6.04. 020, 6.04.170, 6.16.010, 12.44.030, 12.44.040,
12.44.050) within the City parks. "
Section 2. The City Clerk shall certify to the
adoption of this ordinance and cause it, or a summary of it,
to be published once in the Redlands Daily Facts, a
newspaper published and circulated in the City of Redlands,
and thereupon and thereafter this ordinance shall take
effect and be in force according to law.
Adopted this 20th day of June 1989.
IV
j;
Mayor of the City of Redlands,
California
ATTEST:
L4(_
=ity Cof
,rrk y 0 RedlaA
CitWs, California
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JHBOO64A
I , Lorrie Poyzer, City Clerk of the City of Redlands,
hereby certify that the foregoing ordinance was duly adopted by
the City Council at a regular meeting thereof held on the 20th
day of June, 1989 , by the following vote:
AYES• Councilmembers Wormser, DeMirjyn, Cunningham, Larson;
Mayor Beswick
NOES: None
ABSENT: None
City-Cerk
City,& Redlas
Ordinance No. 2081
Page 22