Loading...
HomeMy WebLinkAboutORD731SECTION I ORDINANCE NO.731 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,BY ADDING CHAPTER 15 ENTITLED PUBLIC PARK REGULATIONS, ARTICLES 15-1-1 DEFINITIONS;15-1-2 PARK OPERATIONS;15-1-3 RECREATIONAL ACTIVITIES;15-1-4 SANITATION;15-1-5 RESERVED USES;AND 15-1-6 ENFORCEMENT AND PENALTY;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: IN GENERAL That the Apache Junction City Code be amended Park Regulations to read as follows: Chapter 15 Public Park Regulations Article 15-1-1 Article 15-1-2 Article 15-1-3 Article 15-1-4 Article 15-1-5 Article 15-1-6 Definitions Park Operations Recreational Activities Sanitation Reserved Uses Enforcement and Penalty Article 15-1-1 Definitions by adding a new Chapter 15 Public For the purposes of this Chapter,the following terms,phrases,words,and their derivations shall have the meaning given herein: City:The City of Apache Junction Director:The person immediately in charge of any park area and its activities,and to whom all park attendants of such area are responsible. Park:A park,playground,recreation center,or any other area in the City owned or used by the City and devoted to active or passive recreation. ORDINANCE NO.731 PAGE 1 OF 5 Article 15-1-2 Park Operations A.Hours.No person shall trespass upon or be upon the grounds,of any municipal park between the hours of 10:00 p.m.and 5:00 a.m.,Sunday through Thursday and 12:00 midnight and 5:00 a.m.Friday and Saturday, unless such person has received the express written permission of the Director. In those cases,however,where a park is equipped with either functioning general area or functioning athletic lighting,the closing of the park time shall be extended to 12:00 midnight,Sunday through Thursday.This subsection shall not apply to any public sidewalks or public streets which may be located within any municipal park. B.Motorized Vehicles.No person in a park shall bring into or operate in a park any motor vehicle of any type,including but not limited to,any automobiles,motorcycles or motorbikes,except in those areas or on roads or paths designated for that purpose by the Director. C.Non -Motorized Vehicles.No person in a park shall operate or ride a skateboard,roller skates,bicycle,or scooter where such activity is specifically prohibited by appropriate posting or do so in an unsafe manner so as to infringe upon the safety of themselves or other park users. D.Closing of Parks.Any park or portion of a 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 interval (daily or otherwise),and either entirely or merely to certain users,as the Director shall find reasonably necessary;no person shall enter any closed area of a park i f such entry is prohibited;nor shall any person utlize any portion of a park i f such utilization is prohibited. E.Damaging Facilities.No person shall damage or wastefully or improperly use the tiolet,water,or sewer facilities in any park,or cause the lighting facilities or electrical appliances to be turned on or used without the written permission of the Director. F.Dangerous Acts.No person shall commit any act in a park so as to endanger the health and safety of themselves or other park users. G.Spiritous Liquors.I t shall be unlawful for any person to consume spiritous liquors in municipal parks. H.Malted Beverages.I t shall be unlawful for any group of seven (7)or more adults to consume malt beverages in a park without having first obtained a permit issued by the Director.Consumption of malted beverages are only allowed in areas designated for such use by the Director. ORDINANCE NO.731 PAGE 2 OF 5 Article 15-1-3 Recreational Activities A.Bathing and Swimming.No person in a park 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 therefore,and in compliance with such regulations as are herein set forth or as may be hereafter adopted.Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing,or congregate thereat when such activity is prohibited by the Director upon a finding that such use of the water would be dangerous or otherwise inadvisable. B.Golfing.No person in a park shall use any portion of 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. C.Horseback Riding.No person shall bring a horse into a park,or ride a horse in any location in a park,except on designated bridle trails. Where permitted,horses shall be thoroughly broken and properly restrained,and ridden with due care,and shall not be allowed to graze or go unattended. D.Models.No person in a park shall bring into or use any model,whether radio controlled or not,including but not limited to model airplanes, model boats,model cars,or other model,except in areas set apart for such purposes and designated by the Director. E.Animals.Except with respect to horses as provided in Subsection (C) of this Article,no person shall bring or allow to enter a park,any animal owned or under control of such person,except in designated areas set by the Director.All animals in areas where animals are permitted shall be restrained at all times on adequate leashes nor greater than ten feet in length. F.Camping.Overnight camping shall not be allowed in parks,except in the areas specifically designed for this purpose,or with the express written permission of the Director. Article 15-1-4 Sanitation A.Refuse and Trash.No person in a park shall bring in or shall dump, deposit,or leave any bottles,broken glass,ashes,paper,boxes,cans, dirt,rubbish,waste,garbage or refuse,or other trash.No such refuse or trash shall be placed in any waters in or contiguous to any park,or left anywhere on the grounds thereof,but shall be placed in the proper receptacles where these are provided;where receptacles are not provided,all such rubbish or waste shall be carried away from the park by the person responsbile for its presence and properly dispose of elsewhere. ORDINANCE NO.731 PAGE 3 OF 5 B.Glass Containers.I t shall be unlawful for any person to possess a glass beverage 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 any such park. Article 15-1-5 Reserved Uses A.Reserved Use Permit.A permit shall be obtained from the Director whenever any person or group desires to reserve any portion of a park for any activity.The Director shall interpret this Article and may act in any case not specifically covered by this Article.Any request for a use not contemplated or prohibited by this Article may be forwarded to the City Manager who shall take the request before the City Council for consideration.Applications for such permits shall be obtained from the Parks and Recreation Department. B.Priority Use.Activities sponsored or co -sponsored by the City shall have first priority in the use of any park or recreation facility. C.Insurance and Indemnification.Groups or organizations using City parks shall indemnify the City and its employees for any and all damage to the facility by any person or persons attending the affair,and all liability and damages to any person for injuries,including death. Adequate insurance as determined by the Director shall be provided by each organization using any park to cover such liability,listing the City of Apache Junction and its employees as an "Additional Insured." Responsibility for loss,breakage,or need for repair of any piece of furniture,equipment or portion of the facility or area,shall be upon the individual signing the permit. D.Fees.Charges and Facility Use fees will be established by the Director with approval from the Parks and Recreation Commission and City Council.All fees will be reviewed and updated annually. Article 15-1-6 Enforcement and Penalty A.Enforcement.The Director,park attendants,and police officers shall, in connection with their duties imposed by law,diligently enforce the provisions of this Chapter. B.Ejection for Violations.The Director,park attendants and police officers shall have the authority to eject from the park any person violating any provision of this Chapter. C.Confiscation of Property.The Director,park attendants and police officers shall have the authority to seize and confiscate any property, thing,or device in the park,used in violation of this Chapter. D.Penalty.Any person convicted of a violation of any provision of this Chapter shall be guilty of a Misdemeanor and shall be punished by a ORDINANCE NO.731 PAGE 4 OF 5 fine not to exceed twenty-five hundred dollars or by imprisonment not to exceed six months,or by both fine and imprisonment. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances 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 any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. APPROVED AND ADOPTED THIS 17TH DAY OF APRIL MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF ATTEST: APRIL ETH BLUNTSCHLY Mayor KA-HLEEN CONNELLY Ae City ClerkCityClerk APPROVED AS TO FORM: DAVINF.ALEXAND City Attorney ORDINANCE NO.731 PAGE 5 OF 5 ,1990,BY THE ,1990.