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HomeMy WebLinkAboutORD NO 2235ORDINANCE NO. 2235 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING SECTIONS 10.14.010 AND 10.38.020 OF TITLE 10 AND ADDING CHAPTER 5.40 TO TITLE 5 OF THE MUNICIPAL CODE, ESTABLISH- ING REGULATIONS FOR THE USE OF CITY PARKS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 10.14.010 of Chapter 10.14 and Section 10.38.020 of Chapter 10.38 of Title 10 of the Bakersfield Municipal Code are hereby repealed. SECTION 2. That Chapter 5.40 is hereby added to Title 5 of Bakersfield Municipal Code as follows: the Sections: 5.40.010 5.40.020 5.40.030 5.40. 040 5.40.050 5.40.060 5.40.070 5.40.080 5.40.090 5.40. 100 5.40.110 5.40. 120 5.40.130 5.40. 140 5.40. 150 5.40. 160 5.40. 170 5.40. 180 5.40. 190 5.40.200 5.40.210 5.40.220 5.40.230 5.40.240 5.40.250 5.40.260 5.40.270 Chapter 5.40 PARKS--USE AND REGULATIONS Purpose Definitions Park Standards and Guidelines, Requirements, Fees and Deposits Jurisdiction - Parks and Recreation Facilities Prohibited Acts in Parks Sales of Alcoholic Beverages Prohibited Use of Rest Rooms Mechanical Rides Prohibited Reserved Areas and Facilities Facility Reservation Exclusive Use Permits Application for Exclusive Use Permit--Contents Exclusive Use Permit--Action on Application Conditions Under Which Exclusive Use Permit will Not Be Granted Amplified Music Permit Amplified Speech Permit Application for Amplified Music or Speech Permit Contend of Application (Amplified Music or Speech) Action on Application (Amplified Music or Speech) Exceptions Violations--Revocation of Permits Right of Appeal Indemnification and Insurance Sales and Fees Compliance Required Penalty for Violation Severability 5.40.010 Purpose. The purpose of this Chapter is to regulate the use of the parks and recreation facilities of the City, in order that all persons may enjoy and make use of such parks and recrea- tion facilities and to protect the rights of persons in the surround- ing areas. 5.40.020 Definitions. Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of such words and phrases used in this Chapter. (1) Amplified Music means music projected and transmitted by electronic equipment, including amplifiers, the total output of which amplifiers, including the sum of wattage output of each channel, exceeds ten watts. (2) Amplified Speech means human speech projected and trans- mitted by electronic equipment including amplifiers, the total output of which amplifiers, including the sum of wattage of each channel, exceeds ten watts. (3) Chief of Police or Chief means the Police Chief of the City of Bakersfield, or his authorized representative. (4) City Manager means the City Manager of the City of Bakersfield, or his authorized representative. (5) Community Park means a park which serves several neighbor- hoods and is planned for young people and adults providing a wider recreation interest than a neighborhood park. Central Park, California Avenue Park, Weill Park, and Patriots Park are community parks. All others are neighborhood parks. The City Council may otherwise designate any City park by resolution. (6) Director of Parks means the Public Works Director of the City of Bakersfield or his authorized representatives assigned to the Division of Parks within the Public Works Department. (7) Director of Recreation means the Auditorium-Recreation Manager of the City of Bakersfield or his authorized representatives assigned to the Division of Recreation within the Auditorium- Recreation Department. (8) Neighborhood Park means a park which is located in close proximity to residential areas and serves primarily the neighbor- hood for essentially recreational purposes. (9) Parks shall include all community and neighborhood parks, the grounds, pathways, roadways, avenues, and areas used for park and recreational purposes, and which are dedicated as such. For purpose of Section 5.40.050 of this Chapter it shall also include median islands, parkways, sump areas or greens, or other public grounds. (10) Person shall include the singular and plural and shall mean and include any person, firm, corporation, association, club, society, or any other form of association or organiza- partnership, tion. 5.40.030 Park Standards and Guidelines, Requirements, Fees and Deposits. The City Council may, by resolution, establish park standards and guidelines, fees and deposits and other requirements, not in conflict with this chapter. Such resolution shall list the parks and facilities which may be reserved, the type of acti- vities permitted, permits, facility reservations, approvals or insurance required, maximum occupancies for the various parks and facilities therein, fees and deposits required and may promulgate, by such resolution, any reasonable regulations for the proper administration of the parks which are consistent with the enforce- ment of this ordinance. Such resolution and any amendments thereto shall have the force of law and any violation thereof shall constitute a misdemeanor punishable in the same manner as a violation of this chapter. Nothing in this section shall prohibit the Director of Parks from promulgating rules and regulations for the daily opera- tion of the parks and recreation facilities consistent with this Chapter and applicable resolutions of the City Council. 5.40.040 Jurisdiction--Parks and Recreation Facilities. A. The Public Works Director shall direct the administration of the Division of Parks, and it shall be his duty to: 1. Develop, maintain and operate the parks and recreation facilities of the City. 2. Issue Facility Reservations, Exclusive Use Permits, and Permits for the use of the parks, swimming pools, softball diamonds or other facilities and enforce the provisions of this Chapter, the resolutions of the City Council and other applicable regulations. 3. Cooperate with the Division of Recreation of the Auditorium-Recreation Department in the development, maintenance and operation of the parks and in making of reservations and issuance of permits for the use of the parks and the recreational facilities therein. 4. Promulgate rules and regulations in the form of an operations manual for the daily operation of the parks and recrea- tion facilities therein, consistent with the provisions of this Chapter and resolutions of the City Council. Such regulations shall have the force of law and any violation thereof shall constitute a misdemeanor punishable in the same manner as a violation of a provision of this Chapter. B. The Auditorium-Recreation Manager shall direct the administration of the Division of Recreation, and it shall be his duty to: 1. Cooperate and advise with the Director of Parks in the matter of the use of the parks and facilities therein for City-sponsored recreation activities to the end that conflicts in such use will not result. 5.40.050 Prohibited Acts in Parks. Within the limits of any park, it shall be unlawful for any person, other than a duly authorized City employee in the performance of this duty, to do any of the following: 1. Play or practice golf or archery, or fly motor-driven model aircraft, except in areas which may be specifically designated and posted for such purposes. 2. Cut, remove, destroy, injure, mutilate, pluck, pull up or take, any tree, plant, shrub, bloom or flower; or to cut, break, injure, deface, disturb or remove any bench, table, apparatus, refuse receptacle, equipment, building, structure, monument, sign, fence or property; or to mark, paint, write or print upon any build- ing, monument, fence, bench, structure or other property; or to remove any wood, turf, grass, soil, rock, sand, or gravel; or to attach or place in any manner any sign, poster, card, display or advertising device, throw any stones, rocks, clods or missiles; or to hunt, pursue, annoy, throw stones, clods, rocks or missiles at, shoot at, or molest or disturb in any way, any animal or bird; or to go upon any lawn or grass plot where prohibited by the Director of Parks, which prohibition is indicated by a proper and legible sign. 3. Make, light, kindle or maintain any fire, unless such fire is lighted and maintained in a stone, grill, pit, brazier, or other equipment provided for such use. 4. Open, expose or interfere with any water or gas pipe or electrical outlet, hydrant, stopcock, sewer, basin or other fixture or improvement. 5. Leave any garbage, rubbish, trash, cans, bottles, papers, or other refuse elsewhere than in the receptacles provided therefor. 6. Operate, drive, ride or propel any bicycle, unicycle, motorcycle, horse, cattle, or any other animal, or operate, stand or park any vehicle, except in areas which may be specifically designated and posted for such use; or to allow dogs to run loose or with a chain or leash longer than six feet, except in areas which may be specifically designated and posted for such use~ or to bring into or keep any animal other than a domestic animal. 7. Take into~ exhibit, use or discharge any firearm, weapon, air gun or slingshot. 8. Use or attempt to use or interfere with the use of any table, stage, equipment, apparatus, area, softball diamond, swin~ning pool, tennis court or other space or facility which at the time has been reserved for other persons under any contract, facility reservation or permit from the Director of Parks or City or reserved or scheduled for other persons under contract or other- wise by the Director of Recreation; or disturb in any manner any picnic, meeting, service, concert, exercise, exhibition or gathering. 9. Assemble, collect or gather together in any walk, passageway or in any other place set apart for the travel of persons in or through any park or to occupy the same so that free passage or use thereof by persons passing along the same shall be obstructed in any manner. 10. Be in or upon any park between the hours of 12 o'clock midnight and 5 o'clock a.m. of any day; provided, however, that camping or lodging overnight may be permitted when such camping or lodging is part of an organized recreational outing under the supervision of the Recreation Department of the City of Bakersfield or County of Kern upon application thereof filed with the Director of Parks. Such application may be denied if such use is found to be inimical to the use of any park by the general public. 11. To deliver, or announce or advertise the .delivery of a public address, sermon, oration or speech without having first obtained a written permit from the Director of Parks, who shall issue such permit upon written application signed by the person or persons requesting said permit, provided no previous permit has been issued to any other person or persons to speak at the same time and place for which application is being made. Said Director shall have the authority to designate the area in the park where such event shall take place. 5.40.060 Sale of Alcoholic Beverages Prohibited· The sale of alcoholic beverages is prohibited in all parks. 5.40.070 Use of Rest Rooms. No person over eight years of age shall enter or use any toilet or rest room posted and designated for the opposite sex. 5.40.080 Mechanical Rides Prohibited. Power-driven and mechani- cal rides or other such devices not furnished by the City, are prohibited in the parks. 5.40.090 Reserved Areas and Facilities. The Director of Parks may reserve those areas and facilities of each park as designated by the City Council by Resolution, as provided for in Section 5.40.030, which use, may be restricted to persons or groups of 25 or more who have obtained a Facility Reservation or Exclusive Use Permit from such Director. 5.40.100 Facility Reservation. A. Persons may apply for a Facility Reservation when: 1. The number of persons for whom the reservation is sought is at least 25 and not in excess of 100; and The event or activity is not open to the general public; and speech, permits B. 3. The event or activity does not require amplified amplified music, exclusive use permit or other special or approvals. Applications shall be filed with the Director of Parks not less than two (2) days nor more than ninety (90) days prior to the proposed event or activity. 5.40.110 Exclusive Use Permits. A. Persons may apply for an Exclusive Use 1. The number of persons for whom the is sought is in excess of 100; or 2. The event or activity is open to the general or Permit when: reservation public; (3) applied (4) or event. (5) 3. The event or activity requires amplified speech, amplified music, or any other permit or special approval. B. Applications shall be filed with the Director of Parks not less than fifteen (15) days nor more than ninety (90) days prior to the proposed event, activity or use of the park. The action of the Director may be appealed to the City Manager as provided in this Chapter. The Director shall not waive the fifteen (15)- day period; provided, however, when it is found to be in the best interests of the administration of the parks, the Director may waive such period when the applicant voluntarily waives the appeal rights given in this Chapter. 5.40.120 Application for Exclusive Use Permit--Contents. The application referred to in Section 5.40.110 shall contain the following: (1) Name, addresses and telephone numbers of applicant, the sponsoring organization and person in charge of the proposed activity or event. (2) The names, addresses and telephone numbers of all officers, if the applicant is an organized group. The name of the park and the area or areas therein being for. The date and starting and finishing time of the activity An estimate of the minimum and maximum numbers of customers, spectators, participants and other persons expected to attend the activity or event. (6) A description of any program, plans and ability to supply security protection, to provide order, food, medical and first aid. (7) Additional facilities or personnel requested. (8) The nature of the proposed activity or event, including equipment to be brought into the park, nature and duration of the use of such equipment, nature and duration of the use of any ampli- fied sound intended to be used, whether speech or music. (9) Whether any fund raising is to be accomplished. (10) Whether food or drink is proposed to be sold. (11) Whether the event is open to the public. (12) Whether the event is of a political or religious nature. (13) Such other information pertinent to the proposed use of the park as any officer of the City finds necessary and requires in order to determine whether or not the permit should be granted, and, if granted, the conditions of such permit. 5.40.130 Exclusive Use Permit--Action on Application. A. The Director shall grant, grant with conditions, or deny the application on or before five (5) days after the filing of the application, unless the time for such action has been waived by the applicant in writing. The decision shall be in writing and shall be mailed to the applicant to the address shown on the appli- cation or delivered personally. B. The Director shall grant the application when it complies with all provisions of this Chapter and with standards, guidelines and rules and regulations applicable to the parks, and upon granting such permit may impose reasonable requirements and conditions con- cerning the use of the park or area by applicant consistent with all applicable laws and regulations. C. Qualified persons or groups shall be assigned to appropri- ate areas by the Director of Parks and shall be thereupon entitled to the use of the designated area for the day and hour specified or until such area is abandoned by such group during such day. Such use shall be conditioned upon attaining and complying with all the permits and regulations applicable to such area by the applicant and may be summmrily revoked by the Director of Parks upon any substan- tial violation thereof. D. The Director may grant the application for a park or area other than that applied for in the event that a permit has already been issued for said park or area, or if the requested area does not meet the needs of applicant, or is otherwise unsuitable. In the event that more than one application is received for one park or area for use on the same day, the Director shall first act upon the application first received. 5.40.140 Conditions Under Which Exclusive Use Permit Will Not Be Granted. The Director shall deny the application if he finds that any of the following conditions exist: (1) Whenever the requested park, area or facility is being used or is reserved at the same time as applied for. (2) When the application reveals that the City has no park which will accommodate the activity or event of applicant pursuant to the standards and guidelines contained in a resolution adopted by the City Council or exhibit made a part thereof. (3) That the proposed activity or event is of a size or nature that requires the diversion of so great a number of police officers of the City to properly police the areas, as to hinder police protection of the City. (4) When the applicant refuses to agree in writing to comply with all conditions and requiremen~ of this Chapter, with all regulations adopted pursuant thereto, and with all applicable law. (5) When the applicant fails to file a timely application, unless waived by the Director of Parks and the applicant waives all rights of appeal. (6) When the applicant fails to tender the full amount of any required fee, or deposit. (7) When required insurance policy or certificate of such insurance coverage is not provided. (8) When the event is for the purpose of advertising or for the sale of products or services for private profit. (9) When the event is primarily a political or religious event, provided that a political or religious event may be held in a community park, if such event is not a continuous event, and all conditions of this Chapter, and all provisions of law are complied with. 10. 5.40.150 Amplified Music Permit. A. Notwithstanding, any provision contained in Chapter 7.08 of the Municipal Code, it shall be unlawful for any person to use or operate in any park any sound equipment, public address system, loudspeaker or other machine or device for the purpose of project- ing or transmitting amplified music as defined in Section 5.40.020 without first obtaining an exclusive use permit and amplified music permit. When amplified music is planned, the event will be con- sidered open to the public and insurance will be required. A permit for amplified music in a community park may be obtained by filing an application with the Director of Parks and payment of any required fees therefor. B. When the required permits are obtained, amplified music may be allowed only in a community park and only between the hours of 3 p.m. and sunset on weekdays and between 9 a.m. and sunset on Saturday, Sunday and holidays. C. The volume of sound for amplified music shall be controlled so that it will not be audible for a distance in excess of 150 feet from the exterior boundaries of the community park or the reserved area in which said equipment is operated and it shall be unlawful for any person in control of such equipment to permit or cause a violation of said limitation. D. Permits for amplified music shall not be issued when another event has been scheduled in the same park and during the same hours that the equipment is proposed to be operated. 5.40.160 Amplified Speech Permit. A. Notwithstanding the provision contained in Chapter 7.08 of the Municipal Code, no sound amplification system projecting or transmitting amplified speech, as defined in Section 5.40.020 shall be permitted to be used in any park without an exclusive use permit and amplified speech permit. A permit for amplified speech may be obtained by filing an application with the Director of Parks and payment of any required fees therefor. 11. B. Amplified speech is allowed in all parks except religious or political speeches which are allowed in community parks only. C. Amplified speech shall not be audible beyond the boundaries of the area of the park where sound equipment is being operated. At all times the operator shall keep the sound level at a reasonable level to avoid disturbing other people using the park. Operation of the equipment is prohibited entirely between the hours of 9 p.m. and 9 a.m. 5.40.170 Application for Amplified Music or Speech Permit. Any person applying for an amplified music or speech permit in a City park shall file an application for such permit with the Director of Parks on a form furnished by the City. Such application, fully completed and signed, may be filed at the same time or after the applicant has filed for an exclusive use permit, but not less than 15 nor more than 90 days prior to the proposed use of said equipment. The Director of Parks may not waive the 15~day period unless the applicant waives all appeal rights. 5.40.180 Contents of Application (Amplified Music or Speech). The application shall contain the following: (1) Name, addresses, and telephone numbers of applicant, the sponsoring organization, and the person in charge of the proposed activity or event. (2) The name of the park and the area or areas therein being applied for. (3) The date and starting and finishing time of the amplified music or speech. (4) The nature of the proposed activity. (5) An estimate of the minimum and maximum number of customers, spectators, or participants expected to attend. (6) Sound producing power, state the following: (a) the wattage to be used (b) the maximum distance for which music will be heard from the sound equipment. 12. (7) Such other information pertinent to the proposed use of the sound equipment, as any officer of the City finds necessary and requires in order to determine whether or not the permit should be granted, and, if granted, the conditions of such permit. 5.40.190 Action on Application (Amplified Music or Speech). The Director of Parks shall review the application with the Chief of Police and shall approve, approve with conditions, or deny the application on or before five (5) days after the filing of the application unless the time for such action has been waived by the applicant in writing. The Director may grant the permit when the applicant has furnished the necessary permits and insurance, as required by this Chapter. 5.40.200 Exceptions. A. Events or activities sponsored by the City of Bakersfield or the Director of Recreation may use amplified speech or music in any City park. 5.40.210 Violations--Revocation of Permits. A. The Director of Parks is authorized to summarily revoke any such sound equipment permit whenever he reasonably determines that the sound is in excess of that permitted. Amplified n~sic or speech shall not be profane, lewd, indecent or slanderous or cause the same type conduct from spectators. It shall be unlawful to amplify any music or speech after any person in the group is notified of revocation of permit. B. Any permit issued by the Director of Public Works may be revoked by him upon a finding that the permittee has or is sub- stantially violating a condition of the permit. 5.40.220 Right of Appeal. The decision of the Director of Parks on any application filed under this Chapter, except for Facility Reservations, may be appealed to the City Manager. Applicant must file the appeal with the City Manager within five (5) days of the mailing or delivery of such decision. The City Manager shall hold a hearing within three (3) days of the filing of said appeal at 13. his office, at which hearing the applicant may present any evidence, testimony and information relevant to the application. The City Manager may within twenty-four hours after the conclusion thereof, issue his decision either affirming the denial of the application or directing the Director of Parks to issue a permit as applied for or upon such conditions as are reasonable under all the circumstances, in accordance with this Chapter. The decision of the City Manager shall be final and conclusive. The City Manager shall specify his grounds for denial or the imposition of conditions. 5.40.230 Indemnification and Insurance. A. Before an application for an exclusive use permit is approved, proof of insurance specified below shall be submitted to the Director of Parks in the following cases: (1) Where the activity or event is open to the general public or is a fund raising activity or event, or (2) Where the maximum or minimum number of persons expected exceeds 300 persons, or (3) When amplified music is planned. B. In such cases, each permittee shall keep and hold harmless the City from any and all claims, demands, causes of action, which may be asserted, maintained, or established against the City and/or any of its officers, agents, or employees, for death, 'personal injury, or property damage suffered or claimed to have been su~ffered by any person arising out of the use of the park. No permit shall be issued unless the permittee as an insured has procured, and unless he shall agree to maintain in full force and effect during the period of use covered by his permit, a policy or policies of public liability and property damage insurance naming the City of Bakersfield as a co-insured. C. The policy or policies shall cover the following hazards in the following minimum amounts: (1) Bodily Injury or Death Liability ($100,000 each person $300,000 each occurrence) (2) Property Damage Liability ($50,000) 14. Unless the policy or policies of insurance are maintained in full force and effect, a permittee shall have no rights or privileges under such a permit. Such policy or policies shall be issued by a company authorized in this state to issue such policies. Per- mittee shall submit a Certificate of Proof concerning his insurance coverage to the park Director. The Director of Parks may also require a bond and/or deposits, if deemed necessary. 5.40.240 Sales and Fees. permitted to conduct sales, funds Only non-profit organizations are collect fees, or otherwise solicit in City parks and then only under the following conditions: (1) An exclusive use permit is granted. (2) Fund-raising events must also be approved by the Board of Charity Appeals, as outlined in Chapter 7.10 of the Bakersfield Municipal Code. (3) Sale of food, drink, or clothing must also be approved by the Kern County Health Department. A form will be furnished by the City of Bakersfield and it will be the applicants respon- sibility to attain Health Department approval. 5.40.250 Compliance Required. No person shall enter, be, or remain in any park unless he complies with the regulations set forth in this Chapter applicable to such park. 5.40.260 Penalty for Violation. Any person violating any of the provisions of this Chapter or refusing to comply with the rules, regulations, and permits authorized under this Chapter, shall be guilty of a misdemeanor and upon conviction thereof, shall be punish- able by a fine not to exceed three hundred dollars ($300) or by imprisonment in the County Jail for a period not to exceed ninety (90) days or by both such fine and imprisonment. 5.40.270 Severability. If any section, subsection, clause, or phrase of this Chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections 15. of this Chapter. The Council declares that it would have passed this Chapter and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more sec- tions, subsections, sentences, clauses, or phrases be declared unconstitutional. SECTION 3. This ordinance shall become effective thirty (30) from and after the date of its passage. days .......... 00o .......... 16. I HEREBY CERTIFY that the foregoing ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 14th day of July, 1975, by the following vote: CI~Z ~EP,~d ~ Of)~_c~o Clerk of t~e Council of the Czty~f Bakersfield APPROVED this 14th day of July, 1975 V~%~[~O'R ~f-~he City of B~ersfield APPROVED as to form: CIT~'~Y of the~'~City of Bakersfield AffrayS! of j os ng rhmaa es STATE OF CALIFORNLA, } County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that orr ........................................~U_.~...Y...._.]:...5.. ..............................................................19~.~..... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a ]neeting thereof duly held on ...................e[.q.~jff....~ ..........................................19_.~_.5...., which ordinance was numbered ...... ~..35. ........ New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING SECTIONS 10.14.010 AND 10.38.020 OF TITLE 10 AND ADDING CHAPTER 5.40 TO TITLE 5 OF THE MUNICIPAL CODE, ESTABLISH- ING REGULATIONS FOR THE USE OF CITY PARKS. uit~/Cl~rk Subscribed and sworn to before me this 2~.~..~.... day of ..... Jq.]~Y ........................,197..'~.