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HomeMy WebLinkAboutORD 248 1998 1021ORDINANCE NO. 248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING CHAPTER 12.16, PARKS OF TITLE 12, STREETS, SIDEWALKS & PUBLIC PLACES, OF THE MOORPARK MUNICIPAL CODE WHEREAS, Chapter 12.16, Title 12 of the Moorpark Municipal Code set forth the requirements for City Parks; and WHEREAS, the City Council determined that Sections 12.16.010 (Hours of operation), 12.16.030 (Littering prohibited), 12.16.040 (Alcoholic beverages prohibited) and 12.16.120 (Fireworks and weapons prohibited) of the Moorpark Municipal Code should be amended to clarify the Municipal Code; and WHEREAS, the City Council determined that Sections 12.16.140 (Requirement and enforcement of park rental permits), 12.16.150 (Requirement and enforcement of attraction permits) and 12.16.160 (Other prohibited activities) should be added to refine park rental procedures and further clarify the Municipal Code; and WHEREAS, the City Council determined that the phrases referencing public park, open space or recreation grounds be amended to read "public park, public open space or public recreation grounds" for clarification purposes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City of Moorpark Municipal Code, Section 12.16, Parks of Title 12, Streets, Sidewalks and Public Places, shall be hereby amended in its entirety to read as follows: Sections: 12.16.010 Hours of operation. 12.16.020 Animal control. 12.16.030 Littering prohibited. 12.16.040 Alcoholic beverages prohibited. 12.16.050 Excessive noise prohibited. 12.16.060 Public conduct. 12.16.070 Duplicating keys prohibited. 12.16.080 Camping and lodging prohibited. 12.16.090 Vending prohibited. 12.16.100 Fire control. 12.16.110 Damaging of property prohibited. 12.16.120 Fireworks and weapons prohibited. 12.16.130 Vehicles and horses, riding animals other conveyances. and Ordinance No. 248 Page 2 12.16.140 Requirement and enforcement of park rental permits. 12.16.150 Requirement and enforcement of attraction permits. 12.16.160 Other prohibited activities. 12.16.010 Hours of operation: No person shall enter or remain in any public park, public open space or public recreation grounds during the hours of ten (10:00) p.m. to six (6:00) am without the authorization of the City Manager or his /her designee. 12.16.020 Animal control. No person owning or having charge, care, custody or control of any dog, livestock or other animal shall cause, permit or allow the same to be loose or run at large upon any public park, public open space or public recreation grounds unless such animal is restrained by a substantial chain or leash not exceeding six (6) feet in length and is in the charge, care, custody or control of a competent person. Additionally, any person owning or having charge, care, custody or control of any dog, livestock or other animal shall be responsible for debris, litter or contaminants caused by such animal and any neglect of such responsibility shall be construed as littering, as defined in Section 12.16.030 of this chapter. 12.16.030 Littering prohibited. No person shall drop or deposit refuse, trash, hazardous waste, contaminants or litter in any public park, public open space or public recreation grounds, except in receptacles provided therefor, nor place in said receptacles any refuse brought from private property 12.16.040 Alcoholic beverages prohibited. No person shall consume any alcoholic beverages in any public park, public open space or public recreation grounds, except as permitted within the Community Center Building with the issuance of appropriate city permits. 12.16.050 Excessive noise prohibited. No person shall make excessive noise through the use of Ordinance No. 248 Page 3 amplifying equipment, or any other means in any public park, public open space or public recreation grounds that tends to distract or disturb patrons or nearby residents. Persons using sound amplification equipment shall keep the sound level of such equipment at a reasonable level to avoid disturbing other people using the park or nearby residents. 12.16.060 Public conduct. No person shall engage in boisterous, threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to a breach of the peace and interfering with the enjoyment or other persons in any public park, public open space or public recreation grounds. 12.16.070 Duplicating keys prohibited. No person shall duplicate keys used by the city for padlocks, door locks or locks of any type. 12.16.080 Camping and lodging prohibited. No person shall loiter, camp or lodge in any public park, public open space or public recreation grounds. 12.16.090 Vending prohibited. No one shall vend any food, merchandise or product in any public park, public open space or public recreation grounds without having authorization of the city manager or designated representative and secured his consent thereto in writing. 12.16.100 Fire control. No person shall make or kindle a fire for any purpose, except in places designated therefor, in any public park, public open space or public recreation grounds. A person starting a fire in an authorized place shall be responsible for assuring that the fire is thoroughly extinguished. 12.16.110. Damaging of property prohibited. No person shall cut, break, injure, tamper with, deface, remove or disturb any tree, shrub, plant, rock, building, wall, fence, bench, sign structure, apparatus or property in any public park, public open space or public recreation grounds. Ordinance No. 248 Page 4 12.16.120 Fireworks and weapons prohibited. No person shall discharge any firearm, firecrackers, rockets, torpedoes or other fireworks, or airguns, or slingshots in any public park, public open space or public recreation grounds except in areas specifically designated for such purposes. 12.16.130 Vehicles and horses, riding animals and other conveyances. No person shall operate, ride or drive an automobile, bicycle, motorcycle, truck, trailer, wagon, motor scooter, animal or other conveyance on other than roads or paths designated for that purpose in any public park, public open space or public recreation grounds. Only city - authorized vehicles are allowed to use the maintenance roads in city parks and properties, unless the road is designated for that purpose. A bicyclist may wheel or push a bicycle over any grassy area, or trail or path reserved for pedestrian use. No motor vehicle, animal or other conveyance shall be parked or fastened in other than an established or designated parking or hitching area in any public park, public open space or public recreation grounds. No person shall roller- skate, roller -blade or skateboard on other than sidewalks or paths designed for pedestrians. No person shall roller- skate, roller -blade or skateboard on court surfaces intended for other sport activities designated and posted by the city for that purpose. All conveyances shall at all times be operated, driven, or ridden with reasonable regard to the safety of others in any public park, public open space or public recreation grounds, and furthermore engage in the activity at their own risk. 12.16.140 Requirement and enforcement of park rental permits. The City rents portions of its parks and park facilities. The City has the ability to deny and enforce park and facility rental permits. No person shall interfere with an authorized permitted rental of a City park or park facility. No person or group shall hold a gathering at a City park which exceeds seventy -five (75) people in attendance without first obtaining a permit for said gathering from the City. Ordinance No. 248 Page 5 12.16.150 Requirement and enforcement of attraction permits. No person or group shall locate attractions on City property without obtaining a City issued permit. Attractions include, but are not limited to, pony rides, dunk tanks, mechanical rides and moon bounces. 12.16.160 Other prohibited activities. No person shall engage in the activities of golf, archery, motor driven model airplane flying or rocketry in any public park, public open space or public recreation grounds except in areas specifically designated for such purposes. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within (fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a newspaper of general circulation, as defined in section 6008 of the Government Code, for the City of Moorpark, and is hereby designated for that purpose. Ordinance No. 248 Page 6 PASSED AND ADOPTED this 2AF flay of 0A oXer, 1998. ATRICK HgNTER, Mayo ATTEST: Ordinance No. 248 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 248 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of October, 1998, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Teasley, Wozniak and Mayor Hunter NOES: None ABSENT: Councilmember Perez ABSTAIN: None WITNESS my hand and the official seal of said City this 23rd day of October, 1998. Deborah. S. TraffengNedt, City Clerk (seal)