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HomeMy WebLinkAboutORD1442ORDINANCE NO. 1442 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE,VOLUME I,BY REPEALING CHAPTER 15:PUBLIC PARK REGULATIONS IN ITS ENTIRETY; AND ADOPTING BY REFERENCE A NEW CHAPTER 15:PUBLIC PARK REGULATIONS MORE FULLY DETAILED IN THAT CERTAIN DOCUMENT ENTITLED "2017 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I, CHAPTER 15:PUBLIC PARK REGULATIONS";REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. WHEREAS,pursuant to Arizona Revised Statutes Annotated ("A.R.S.") Sections 9-276(A)(1) and 9-494(A), cities and towns are authorized to establish,maintain,acquire,hold,improve and regulate public parks; and WHEREAS,the mayor and city council last approved updates to public park regulations on April 6, 2004 when it adopted Ordinance No. 1194; and WHEREAS,since that time,the City of Apache Junction Parks and Recreation Department has experienced increased use of its parks by individuals for camping, especially in the downtown area; and WHEREAS, tobacco and alcohol use is also increasing at public parks and the rules regarding such use are in need of revision; and WHEREAS,updates to the public park regulations are also necessary to maintain compliance with recent changes to local, state and federal laws; and WHEREAS, the Parks and Recreation Commission conducted three public meetings on September 7, 2016, October 5, 2016 and November 2,2016,regarding the proposed amendments in order to gain valuable input from the public; and WHEREAS,on November 2,2016,the Parks and Recreation Commission recommended in a vote of 6:0 to approve the proposed amendments; and ORDINANCE NO. 1442 PAGE 1 OF 3 WHEREAS,on December 6,2016,the mayor and city council discussed the amendments directed staff to make refinements thereto. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. Existing Apache Junction City Code,Volume I,Chapter 15: Public Park Regulations,is hereby repealed in its entirety. 2. That certain document entitled "2017 Amendments to the Apache Junction City Code,Volume I,Chapter 15:Public Park Regulations",one electronic copy which is accessible on the city's website and one paper copy which is filed in the office of the city clerk, which document was made a public record by Resolution No. 17-03 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802. SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If 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, pre-empted 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 After the city exhausts all of its civil violation procedures as referenced in the adopted regulations,any violation of any provisions adopted herein,shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Volume 1, CHAPTER 1:GENERAL,ARTICLE 1-1:GENERAL,§ 1-1-11, Penalty. ORDINANCE NO. 1442 PAGE 2 OF 3 SECTION V DECLARING AN EMERGENCY The immediate operation of the provisions of this ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency shall be in full force and effect from and after its passage,adoption and approval by the mayor and city council of the City of Apache Junction. PASSED AND ADOPTED BY THE MAYOR AN CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 27 -nr DAY OF , 2017. / SIGNED AND ATTESTED TO THIS 7 771 DAY OF riieut,(ivy , 2017. 0 1 / I JEFF Ant-DY mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: R. JOEL STERN City Attorney ORDINANCE NO. 1442 PAGE 3 OF 3 2017 Amendments to the Apache Junction City Code, Volume I, Chapter 15:Public Park Regulations CHAPTER 15: PUBLIC PARK REGULATIONS Article 15-1: PARK REGULATIONS Section 15-1-1 Definitions 15-1-2 Park operations 15-1-3 Prohibited activities 15-1-4 Enforcement and penalty § 15-1-1 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CAMP. (1)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. (2)The above listed activities constitute camping when it reasonably appears, in 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 also be engaged. CITY.The City of Apache Junction. DIRECTOR.The director of the parks and recreation department for the City of Apache Junction, or his or her designee. PARK.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 and Arizona State Land Department property. SPIRITUOUS LIQUOR.Includes alcohol, brandy, whisky, rum, tequila, mescal, gin, vodka, 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 V2 of 1% of alcohol by volume, which produces intoxication or any increase in a person's blood alcohol level. UNMANNED AIRCRAFT.Includes all unmanned aircraft as defined in Arizona Revised State Statute § 13-2729-(F)(7),as amended. UNMANNED AIRCRAFT SYSTEM ("UAS").Includes all unmanned aircraft systems as defined in Arizona Revised Statute § 13-2729(F)(7),as amended. § 15-1-2 PARK OPERATIONS. (A)Hours. (1)Except for unusual and unforeseen emergencies, parks shall be open to the public during posted hours, as determined by the director. (2)It 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 division (C) below. (B)Closed areas. (1)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. (2)No person shall enter any closed areas of a park if the entry is prohibited, nor shall any person utilize any portion of a park if that 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 5 working days if a notice of disapproval is received from the director. The city manager or his or her designee shall act upon the appeal within 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: any representation made by the applicant; any conditions of the permit; or 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 of the city code and may be amended on an as needed basis. (D)Insurance and indemnification; hold harmless. (1)Any person or group reserving a park shall defend, indemnify and hold harmless the city and its elected officials and employees and 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 but not limited to, death or serious bodily harm. (2)Adequate insurance as determined by the director shall be provided naming the city, its elected officials and employees as "additional insured parties." (3)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. § 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 division is intended to prohibit first amendment expression or speech. (B)Animals.Except with respect to horses as provided in division (0) below, no person shall bring or allow to enter into a park, any animal owned or under control of such person, unless 1) it is a service animal as defined under ARS §11-1024(J)(5),as amended,or 2) it is restrained at all times (except when participating in an organized program authorized by the city) on a reasonably adequate leash not greater than 10 feet in length. The person in control of any such animal shall dispose of their animal waste in a trash receptacle. 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.Owners are responsible for the aggressive actions of their animals and may be asked to leave the park if the director considers such animal to be a safety risk to persons and other animals based on their behavior. (C)Unauthorized water usage.No person shall swim, bathe or wade in any waters or waterways, splashpads, sinks, toilets, or drinking water fountains in, or adjacent to any park, except in such waters and at such places as are provided in such parks, and in compliance with the regulations as are adopted by the director. No person shall enter any waters or places customarily designated for the purpose of swimming or bathing, or congregate therein when the activity is prohibited by the director. No person shall use any water source at any city park for swimming, animal swimming or bathing, washing clothes, or cleaning fish, except at places designated for those activities. (D)Camping.Camping is prohibited in parks, except 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, art feature, or other structure other than playground equipment designed for such purpose. (F)Commercial activity.No person shall advertise, solicit goods or services or engage in any commercial activity within a park without prior authorization 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 surfacing, curbs or paving, or other structures of any kind. This shall include: 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)Endangerment of Wildlife.No person shall commit any act in a park so as to endanger the health or safety of area wildlife, to include but not limited to: rabbits, snakes, birds or any wildlife in violation of ARS § 13-2910, Cruelty to Animals,as amended. (K)Debris, junk, trash, litter and garbage.No person shall bring into or dump, deposit or leave any debris, junk, trash, litter or garbage as defined in Apache Junction City Code, Vol.1, Chapter 9: Health and Sanitation, Article 9-1: Property Maintenance Standards, § 9-1-2 Definitions within any city park. Debris, junk, trash, litter and garbage may not be placed in any waters in any park, or left anywhere on the grounds thereof, but shall be placed in the trash receptacles; where receptacles are not provided, all debris, junk, trash, litter and garbage shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. No person shall bring debris, junk, trash, litter and garbage 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 material, bio-hazard waste or chemical waste. (L)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. (M)Glass containers.It 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. (N)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. (0)Horses.No person shall bring a horse or other equine into a park, or ride one in any location in a park or landscaped area, except on designated bridle trails or paths or with the written permission of the director. Where permitted, horses or other equine shall be ridden with reasonable due care and shall not be allowed to graze or go unattended. (P)Interference with park activities.No person shall interfere or disrupt the reasonable use of the park by other patrons. (Q)Model toys and unmanned aircraft systems.No person in a park shall bring into or use any remote controlled or self-propelled model toy or unmanned aircraft, including but not limited to model airplanes, drones, model rockets, model boats, model cars or other models, except in the areas designated by the director or with written permission from the director. (R)Motorized vehicles.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 24 -hour time period or the vehicles will be towed away at the owner's expense to a storage facility. 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 "Trike") 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 division is intended to prohibit protected First Amendment expression. (V)Public profanity.No person may use language designed to incite violence. Nothing in this division is intended to prohibit protected first amendment expression and speech. (W)Spirituous liquors.It is unlawful for any person to consume spirituous liquors in a municipal park except that beer and wine is permitted in areas designated for such use by the director.Individuals consuming beer and wine shall do so only having first obtained a permit issued by the director. (X)Smoking.The act of smoking any substance, and including the use of e -cigarettes in any park facility shall only be allowed in designated areas. (Y)Use of restroom facilities.No person shall urinate or defecate in a park except within a toilet or urinal provided inside a restroom facility. § 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. (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, it is unlawful for any person to enter or reenter any park during the ejection period. (C)Confiscation of property.The director, park 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, model toys, and unmanned aircraft or unmanned aircraft systems. (D)Interference with official duties.It 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 Apache Junction City Code, Vol I, Chapter 1: General, Article 1-1: General, § 1-1-11(A) Penalty.