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HomeMy WebLinkAboutORD1194ORDINANCE NO.1194 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL AND MARICOPA COUNTIES,ARIZONA,ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "APACHE JUNCTION CITY CODE, CHAPTER 15 PUBLIC PARKS"PURSUANT TO ARIZONA REVISED STATUTES ANNOTATED ("A.R.S.")SECTION 9-802;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS,pursuant to Arizona Revised Statutes (."A.R.S.")§ 9-276(A)(1)and 9-494.(A),cities and towns are authorized to establish,maintain,acquire, hold, improve and regulate public parks,and pursuant to A:R:S..§9-240(6)(3)(f), cities and towns are empowered to protect public parks from injury:and WHEREAS,A.R.S.§ 9-500.03 permits cities and towns to hire park rangers to enforce city park rules and regulations;and WHEREAS,pursuant to A.R.S.§11-932,a municipality may lease from the United States Or other governmental entity real property,and may hold,maintain and improve i t for the use and purpose of a public park;and such municipality may expend public funds for improvements on lands acquired by lease for any term; and WHEREAS,on April 17,1990,the Mayor and City Council approved and adopted Ordinance No.731 which created Chapter 15 relating to Public Park- Regulations; and - WHEREAS,on September 3,2002,the Mayor and City Council approved and adopted Ordinance No.1165 which added Park Rangers as enforcement agents of Chapter 15;and WHEREAS,the park regulations are in need of updating due to various changes in federal and state law;and WHEREAS,the Mayor and City Council desire to amend the Apache Junction City Code by repealing current Chapter 15 and replacing it in its entirety with new provisions;and WHEREAS,the Mayor and City Council desire to avoid excessive publication costs by declaring the new provisions a public record on file in the City Clerk's Office. ORDINANCE NO.1194 PAGE 1 OF 3 NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I .GENERAL That certain document entitled "Apache Junction City Code,Chapter 15 Public Parks",three copies of which are on file in the office of the City Clerk of the City of Apache -Junction,Arizona,and which was made a public record by Resolution No.03-30 is hereby referred to,adopted and made a part hereof as is fully set out in this Ordinance,and as authorized by A.R.S.§ 9-802. SECTION II.REPEALING ANY CONFLICTING PROVISIONS All ordinance and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III.PROVIDING FOR SEVERABILITY I f any section.subsection,sentence,phrase,clause or portion of this ordinance,or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decisions shall not affect the validity of the remaining portions thereof. SECTION IV.PROVIDING FOR PENALTIES Any violation of Chapter 15,Public Parks is punishable pursuant to Apache Junction City Code Chapter 1,General,Article 1-8(A). PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 6TH DAY OF APRIL ,2004. SIGNED AND ATTESTED TO THIS 6TH DAY OF APRIL ORDINANCE NO.1194 PAGE 2 OF 3 DOUGLAS YOLEMAN Mayor ,2004. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: c 3 504 RICHARD J.STERN City Attorney ORDINANCE NO.1194 PAGE 3 OF 3 APACHE JUNCTION CITY CODE CHAPTER 15 PUBLIC PARKS Article 15-1 PARK REGULATIONS 15-1-1 15-1-2 15-1-3 15-1-4 •'Definitions Park Operations Prohibited Activities Enforcement and Penalties Section 15-1-1 DEFINITIONS In this chapter,unless the context otherwise requires: A."City"means the City of Apache Junction. B."Director"means the Director of the Parks and Recreation Department for the City of Apache Junction,or his or her designee. C."Park"means and includes all City parks,trails,swimming pools, buildings,playgrounds,skate park and/or any other public property under management and control of the Parks and Recreation Department,owned or leased by the City for the public benefit including but not limited to leased Bureau of Land Management property. D."Spirituous Liquor"includes alcohol,brandy,whisky,rum, tequila,mescal,gin,wine,porter,ale,beer,malt liquor,malt beverage,or absinthe,or compound or mixture of any of them or of any with vegetables or other substances,alcohol bitters, bitters containing alcohol,and any liquid mixture or preparation,whether patented or otherwise,fruits preserved in ardent spirits,and beverages containing more than one-half (1/2) of one percent (1%)of alcohol by volume,which produces intoxication or any increase in a person's blood alcohol level. E."Camp"means to use real property controlled or owned by the City for living accommodation purposes such as:a)sleeping;b)making preparations to sleep,including the laying down of bedding for the purpose of sleeping;c)storing personal belongings;d) making any fire;e)using any tents or shelter or other structure or vehicle for sleeping;f)doing any digging or earth breaking; g)using items associated with camping;h)regularly cooking or preparing meals;or i)living in a parked vehicle.The above listed activities constitute camping when i t reasonably appears, i n light,of all 'circumstances.that the participants,in conducting these activities,are in fact using -the .area for living accommodations regardless of :the intent,of the participants or the nature of any other activities in which they may alscrbe engaged.• Section 15-1-2 PARK OPERATIONS A.Hours.Except for unusual and unforeseen emergencies,parks shall be open to the public during posted hours,as determined by the Director.I t shall be unlawful for a person to remain in a park or to enter a park except during the posted hours unless a permit is obtained pursuant to subsection (C)of this section. B.Closed Areas.Any section or part of any park may be declared closed to the public by the Director at any time and for any interval of time,either temporarily or at regular and stated intervals and either entirely or for specific uses,as the Director shall find reasonably necessary.No person shall enter any closed areas of a park if such entry is prohibited,nor shall any person utilize any portion of a park i f such utilization is prohibited. C.Permits and Scheduling. 1.Park activities sponsored or co -sponsored by the City shall have first priority over any other use. 2.Any person or group of persons may use any park for any recreational purposes not otherwise prohibited within this Chapter. 3.A written permit shall be obtained from the Director whenever any person or group 'desires to reserve any portion of a park for any activity.Reservations shall -be made in accordance with Reservation and Facility Use Guidelines as established by the Director. 4.Any person or group aggrieved by the denial of a permit shall have the right to appeal the decision of the Director to the City Manager or his or her designee.Any appeal to the City Manager shall be served with the City Clerk's Office within five (5)working days i f a Notice of Disapproval is received from the Director.The City Manager or his or her designee shall act upon the appeal within 2 five (5)working days following receipt thereof.The City Manager's decision is final and binding on both parties. 5.A park use permit may be revoked by the Director upon determining that the park is being used contrary to:1)any representation made by the applicant:2)any conditions of the permit:or 3)any City ordinances or state law. 6.Continuous use of facilities shall be limited to City- sponsored or co -sponsored activities or affiliate groups as approved by the Director.Continuous use shall be interpreted to be any regularly scheduled or reoccurring activity. 7.Facility use fees will be established by the Director as set forth in Chapter 4 Fees of the City Code and may be amended on an as needed basis. D.Insurance and Indemnification/Hold Harmless.Any person or group reserving a park shall indemnify and hold harmless the City and its employees and agents for any and all damages to the facility caused by any person or persons attending the activity,and all liability and damages to any person for injuries,including death or serious bodily harm.Adequate insurance as determined by the Director shall be provided naming the City and its agents and employees as "Additional Insured Parties".Responsibility for loss,breakage or need for repair of any piece of furniture, equipment or portion of the facility or areas shall be upon the individual signing the permit application. Section 15-1-3 PROHIBITED ACTIVITIES A.Amplified Sound or Music.A permit from the Director is required for amplified sound or music in city parks and public recreation areas.Music with language designed to incite violence is prohibited.Nothing in this subsection prohibits First Amendment expression or speech. B.Animals.Except with respect to horses as provided in subsection N of this Section,no person shall bring or allow to enter into a park,any animal owned or under control of such person,unless restrained at all times (except when participating in an organized program authorized by the City)on reasonably adequate leashes not greater than ten feet in length.The person in control of any such animal shall take reasonable steps to ensure 3 the animal does not leave waste in city parks.Animals are not allowed in areas of the park where posted as prohibited (except when participating in an organized program authorized by the City).Wild or exotic animals or reptiles are not allowed to be brought into any park without the written permission of the Director. C.Bathing and Swimming.No person shall swim,bathe or wade in any waters or waterways in or adjacent to any park,except in such waters and at such places as are provided in such parks,and in compliance with such regulations as are adopted by the Director. No person shall frequent any waters or places customarily designated for the purpose of swimming or bathing,or congregate therein when such activity is prohibited by the Director upon a finding that such use of the water would be dangerous to the health,safety and welfare of the public. D.Camping.Overnight camping is prohibited in parks,except in areas specifically designed for this purpose,or with the express written permission of the Director.Campers,trailers or motor homes shall not connect to any electrical supply,water supply or Waste service without the written permission of the Director. E.Climbing.No person shall climb on any .fence,tree or other structure other than playground equipment'designed for such purpose. .F.Commerci.il Aftivity." 'No person shall advertise,solicit goods or sei76teSThr cYeilgage in:-4ny activity for commercial gain within a park withOut -pr'iprOthoriZtion from the Director. G.Compliance with Laws.All persons shall comply with all federal, state,county and city laws,rules and regulations when visiting city parks.. H.Compressed Gas Cylinders.No person shall bring into any park a compressed gas cylinder (such as helium to fill balloons)without obtaining prior written permission from the Director.Propane containers used in connection with barbeque equipment are exempt from this prohibition. I.Damaging Facilities No person shall graffiti,vandalize,damage or remove any park property such as tables,benches,ramadas, lighting,steps,ramps,railings,fencing,barbeque grills, playground equipment,drinking fountains,plants,court 4 surfacing,curbs or paving,or other structures of any kind.This shall include but not be limited to inappropriate uses such as applying adhesive stickers to any park property equipment,signs or any other surfaces:standing on table tops;swinging from ramada roof beams;skateboarding or bicycling on any railing, bench,table,wall,step or other structure;wastefully or improperly using the restroom or water facilities,or cause the lighting facilities or electrical appliances to be turned on or used without the written permission of the Director. J.Dangerous Acts.No person shall commit any act in a park so as to endanger the health,safety and welfare of themselves,other park users,pets or wildlife. K.Food,Gum,Drinks and Personal Props.No person shall bring food,gum,drinks or personal props such as traffic cones, skateboard stacking,makeshift jumps,obstacles or ramps into the Skate Park. L.Glass Containers.I t is unlawful for any person to possess a glass container in any park.No person shall throw,toss or otherwise propel,or break any glass object in any park or any street or alley adjacent to such park. M.Golfing.No person in a park shall use any portion of the park for golfing purposes,or make use of any golf club or ball in any park,except at places designated for golfing by the Director. N.Horses.No person shall bring a horse or other equine into a park,or ride one in any location in a park,except on designated bridle trails.Where permitted,horses or other equine shall be ridden with reasonable due care,and shall not be allowed •to graze or go unattended. 0.Interference with Park Activities.No person shall interfere or disrupt an allowable activity within a park except when specifically authorized by the Director. P.Malted Beverages.I t is unlawful for any group of seven or more adults to consume beer in a park without having first obtained a permit issued by the Director.Consumption of beer is only allowed in areas designated for such use by the Director. Consumption of beer is prohibited in any city park located on land owned or leased by the Apache Junction Unified School District or other public agency or private entity. 5 Q.Model Toys.No person. in a park shall bring into or use any remote controlled or self propelled model toy,including but not limited to model airplanes, _model rockets,model boats,model cars,or other models,except in such areas designated by the Director. R.Motorized Vehicle .No person shall bring into or operate in a park any motor vehicle of any type,including but not limited to, any automobiles,motorcycles,motor bikes,motorized skateboards or 3 -wheeled scooters,except in those areas or on roads or paths designated for such vehicular use by the Director.Inoperable motorized vehicles must be removed from the Park within a twenty- four (24)hour time period or such vehicles will be towed away at the owner's expense to a storage facility where i t will be stored at the owner's expense.No portion of a park is to be used as a place to repair vehicles. S.Non -Motorized Vehicles.No person in a park shall operate or ride a skateboard,roller skates,a bicycle,scooter or tricycle -type three wheeled scooter (also known as a "Trikke)on grass, landscaped areas,ramada areas,basketball,tennis and racquetball courts or on structures and fixtures,. including tables,benches,playground equipment,railings,steps;ramps, buildings or where such activity is specifically posted as prohibited,or in such a manner which creates a serious safety risk to themselves or to other park users. T.Projectile Devices.No person shall use any portion of a city park for archery,firearm practice or other projectile activities. U.Public Nudity/Indecency.No person shall engage in sexual intercourse or expose or display their genitals or private parts in a public park:Nothing in this subsection 'prohibits protected First Amendment expression. V.Public Profanity..No person may use language designed to incite violence.Nothing in this subsection prohibits protected First Amendment expression and speech. W.Refuse and Trash.No person shall bring into or dump,deposit or leave any bottles,balloons,broken glass,ashes,paper,boxes, paper,paper mache,confetti,candy wrappers,dirt,rubbish, waste,garbage or refuse or other trash,within any city park. 6 Refuse or trash_ may not be placed in any waters in or contiguous to any park, • or left anywhere on the grounds thereof,but shall be placed in the,trash receptacles:where receptacles are not provided,all rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.No person shall bring refuse or trash into or upon.park premises except refuse Or trash generated at the park while using the park.In_no circumstances may a person dump or leave in the park furniture,appliances,construction debris,bio-hazard waste,or chemical waste. X.Spirituous Liquors.I t is unlawful for any person to consume spirituous liquors in a municipal park.Beer is permitted only under the conditions set forth in Section 15-1-3 (P),Malted Beverages,set forth above. Y.Tobacco and Illegal Substances.The use of tobacco in any facility and in any form shall be carefully controlled to comply with all municipal,state and federal laws.Tobacco use is prohibited in all city parks located on land owned by the Apache Junction Unified School District.The use of illegal substances is prohibited in all city parks. Z.Unauthorized Water Usage.No person shall use any water source at any city park for swimming or bathing,animal swimming or bathing,washing clothes,or cleaning fish,except at places designated for such activities. AA.Use of Restroom Facilities.No person shall urinate or defecate in a park except within a toilet or urinal provided inside a restroom facility. Section 15-1-4 ENFORCEMENT AND PENALTY A.Enforcement.The Director,Park Rangers and Police Officers shall,in connection with their duties imposed by law,diligently enforce the provisions of this chapter.Requests from Park Rangers must be strictly adhered to in the interest of public safety.Park Rangers have authority to issue citations to any park user in violation of any provision of this chapter. 7 B.Ejection for Violations.The Director,Park Rangers,and Police Officers have the authority to eject any person from any park for violating any provision of this chapter—Following ejection,i t is unlawful for any person to enter or reenter any park during the ejection period. C.Confiscation of Property.The Director,Pal*Rangers and Police Officers have the authority to seize and confiscate any property, .thing or device in the park,used 'contrary to the provisions of this chapter,including but not limited to glass bottles, cigarettes,skateboards,bicycles,skates,motorized skateboards, weapons of any type,and model toys. D.Interference with Official Duties.I t is unlawful for any person to interfere with the official duties of a Park Ranger. E.Penalty.A person convicted of a violation of any provision of this chapter shall be guilty of a class one misdemeanor and shall be punished as authorized under Article I -8(A)of this Code. 8