HomeMy WebLinkAboutOrdinance 1586 N.C.S. 09/04/1984OF ORD!?NANCE
.00T - 4 1984
ORDINANCE "NO. 1586 N . C. S.
Introduced by Councilman
Albert Battaglia
Seconded by Councilman
William A. Perry
AN ORDINANCE OF THE CITY OF PETALUMA
AMENDING :CHAPTER 13.28 OF THE PETALUMA
MUNICIPAL CODE -ENTITLED "USE OF PUBLIC PARKS."
BE IT ORDAINED BY THE COUNCIL OF THE City of Petaluma as follows:
Section 1. Chapter 13.;28 of the Petaluma Municipal Code, Section
13.28.010 through Section 13.28.160 is hereby repealed in its entirety.
Section 2. There is hereby added to the Petaluma Municipal Code a
new Chapter 13.28 which is to read as follows:
CHAPTER 13.28 - USE OF PUBLIC PARKS
Sections:
13.28.010
Name of Chapter
13.28.020
Purpose
13.28.030
Definitions
13.28.040
Certain park areas restricted to specific uses
13.28..050
Facility permit required
13.28.060
:Facility permit application
13.28.070
Content of permit application
13.28.080
Action on permit application
13.28.090
Ground for permit denial.
13.28.100
Park permit conditions
13.28.110
Fees and deposits
13.28.120
Indemnification
13.28.130
Insurance
13.28.140
Sale of Goods and Merchandise
13 , 28 -150
Amplified sound
13.28.160
Appeal procedure
13.28.170
Duties of permittee/s.ponsor
13.28.180
Unlawful acts in park
13.28.190
Park closing hours
13.28.200
Posting of closing hours
Ord. 1586 NC'S Page 1 of 16
13.28.010 Name of Chapter.
"Petaluma Park Ordinance"
13.28.020 Purpose.
This Chapter shall be known as the
The purpose of this Chapter is to regulate the use of City parks and
establish the standards for issuance of park permits so that all
persons may enjoy and make use of such parks and to protect the
rights of those in the surrounding areas.
13,.28.030 Definitions as used in this chapter.
A. "Amplified sound" - shall mean music or speech projected or
transmitted by electronic equipment, including but limited to
amplifier, loudspeakers, or any similar device.
B . "City Manager" shall means and refer to the City Manager of the
City of Petaluma or his designee.
C. "Director" - shall mean and refer to the Director of the
Department of Parks and Recreation' or his designee.
D . "Exclusive Use"- shall mean the right to use a park, or area
thereof, for any activity at a specified time, to the exclusion of
all others.
E. "Facility Permit" - shall mean written permission by the Director
for a specified use of a park or area thereof, including a
community building, community ground, barbecue pit area, city
pool, athletic facility, or any other park facility.
F. "Parade" - shall mean an organized march or procession of
persons, animals, or vehicles or combination thereof whose march
route crosses park property.
G. "Park" - shall mean all city parks, community buildings and
grounds, athletic facilities, open space areas and other grounds
and facilities owned or operated by the City for park, recreation
or open space purposes.
Ord. 1586 NCS Page 2 of 16
H. "Permit application fee" - shall mean the non-refundable fee to be
paid by an applicant for a facility permit. The fee shall be set by
the City Council and shall cover the full cost (or portion thereof)
of processing and investigating the application, and administering
the park facility permit program.
I. "Permittee" - shall mean the person or group which has been
granted a ,facility permit.
J. "Publicize" - to inform the public of, a planned activity by means
of newspaper articles, notices, radio or television notices,
announcements at public places, leaf -letting, posting signs or
written notices in places used by the public, or by any other
means calculated to notify the public of any activity.
13.28.040 - Certain park areas restricted to specified uses.
The Director_ may designate in writing and/.or by posting at the site,
I
certain parks, park facilities, or areas thereof,' which are available for
exclusive use only upon obtaining a facility permit pursuant to Section
13.28.050.
13'.28.050 - Facility Permit required.
A Facility Permit must be obtained from the Park and Recreation
Department � prior to sponsoring or conducting any of the following
activities in a park"
A. For the exclusive use of any park area or facility which has
been designated by the Park Director pursuant to Section
13.28.040 as requiring a facility permit.
B . For any organized activity in which fifty (50) or more
persons are expected to participate or attend, or which is
publicized prior to the date of the activity, or which
Ord. 1586 NCS Page 3 of 16
requires' special City services. Such activity includes, but
is not limited to the following: a -picnic, rally, group
meeting, parade, play, musical event, art show, or other
show or exhibition.
C. Any activity involving the erection or placement on park
property of 'stages, booths, platforms, sculptures and other
art works, or other similar structures.
D. For the sale or barter of any goods, wares, merchandise,
food or beverages (see Section 13..28.,140).
E. For any activity involving the use of amplified sound (.see
Section 13.28.15,0).
13.28.060 Facility permit application.
A. Any person applying for a facility permit. shall file an application
on a form provided by the Director, not less than 20 days, nor
more than one year (365 days) prior to the proposed use of the
park. The Director may waive the application deadline for good
cause if sufficient time remains to process the application, and for
the City to prepare for the requested use. Good cause can be
demonstrated by the applicant showing that the circumstances
which gave rise to, the permit application did not reasonably allow
the participants to file within the time prescribed and the
proposed activity is for the purpose of exercising the right of
free speech..
B . All applications for a facility permit must be signed or cosigned
by a person 21 years of age or older who shall agree to be
responsible for the requested use of the park.
13.28.070 Content of permit application.
The application for a park facility permit shall be completed on a form
provided by the Park and Recreation Department and shall provide the
following information:
Ord. 1586 NCS Page 4 of 16
A. The name, address, and telephone numbers of the permit
applicant, organization spon_ Boring the activity (if any) and
person who shall be in charge of the. activity.
B. Park, facility, or area thereof requested.
C. Any additional park equipment or personnel requested.
D. The type of activity planned.
E. The starting and finishing time of activity.
F. The number of persons expected to attend the activity.
G. The type of equipment or structures (if any) which shall be
erected or placed on park property.
H. Whether the activity will involve amplified sound and the
nature thereof.
I. Type and amount of insurance coverage for the event.
J. Any supplemental information the Director shall find
reasonably necessary to determine whether to approve the
permit application pursuant to Section 13.34.090.
13.28.080 Action on permit application.
The Director shall approve, conditionally approve, or deny a facility
permit application for any of the grounds specified in Section
13.28.090. Such action shall be taken no later than 4 days after
receipt of a completed application, unless time has been waived by the
applicant. Notice of the Director's decision shall be delivered
personally to the applicant or mailed to the applicant's address. If the
application is denied the Director shall state the grounds for denial in
writing and inform the applicant of his/her right of appeal. If a
change in the time or location of the proposed activity would allow
approval of the application, the Director shall propose an alternative
location or time for the activity.
Ord. 158.E NCS Page 5 of 16
13.28.090 Grounds for permit denial.
The Director shall approve a facility permit application unless he
determines from a consideration of the application or other pertinent
information, that any of the following conditions exist:
A. Information contained in the application, or supplemental
information requested from the applicant, is found to false in
any material detail.
B . The applicant failed to complete the application form after
having been notified of the additional information or
documents required.
C. The proposed activity would conflict with a previously
planned city -sponsored activity.
D . The applicant refuses to agree in writing to comply with all
terms and conditions of the permit.
E. A prior application for a permit to use the same location at a
conflicting time has been received and such application has
been or will, be approved.
F. The nature or size of the activity would be reasonably likely
to injure persons or damage park property, or property
adjacent to the park, provided that the Director shall not
consider the content of expression which is proposed or
anticipated at the activity.
G. The proposed activity is prohibited by law.
H. The proposed activity is inconsistent with the purpose for
which the facility or park area has been established or
designated pursuant to Section 13.28.040.
I. The sole purpose of the activity is advertising or sale of any
product, goods, wares or merchandise and is designed to be
held for private profit and not for First Amendment
expression.
J. That the proposed activity would require the assignment of
so great a number of City police officers to properly police
the park activity, or areas contiguous thereto, as to prevent
Ord. 1586 NCS Page 6 of 16
normal police protection to the rest of the City. Nothing
herein authorizes denial of, a permit because of the need to
protect participants from the conduct of others, if reasonable
permit conditions can be imposed to allow for adequate
protection of event participants with the number of police
officers available to police the event. The determination as
to whether a park permit shall be denied for this ground
shall be made by the Chief of Police of the Petaluma Police
Department after conferring with the Director. Whenever a
park application is denied, the Director shall state the
grounds for denial in writing.
13.28.100 - Park permit conditions.
The Director may impose reasonable conditions on approval of a park
permit application ,respecting the time, place, and manner of use of the
park. Such conditions may be imposed to insure the safety of
persons, public and private property, the control of noise, and to
insure that other activities at the park will not be unduly disturbed
by the proposed activity of the applicant. Such conditions, however,
shall not unreasonable restrict the right of free speech. Permit
conditions can include, but are not limited to the following:
A. Alte ration. of. the time or location of the proposed activity.
B . Requirements for the use of security personnel or monitors.
C. Requirements that the applicant obtain any legally required
permit or license.
D. Requirements for notifying the activity participants of park
rules and the terms and conditions of the
permit.
E. Inspection and approval by City personnel of stages, booths
or other structures erected or placed in the park in
connection with the activity.
F. Restrictions on the use of alcohol.
Ord. 1586 NCS Page 7 of 16
13 28.110 - Fees and deposits..
Upon the granting of a. permit under this chapter, any fees or
deposits which are adopted by the City Council for the use of City
personnel, buildings, equipment, parks and facilities, shall be
contained in the permit and the fees and deposits shall be paid by the
applicant prior to the receipt of the permit.
13.28.120 - Indemnification.
Prior to the issuance of the facility permit, the permit applicant and
authorized officer of the 'sponsoring organization ('if, any) must sign an
agreement to reimburse the City of Petaluma for all costs incurred by
it in repairing damage occurring in connection with the permitted
activity and caused by the permittee/sponsoring organization, its
officers, employees, or agents, or any other person who was or
reasonably should have been under the permittee or sponsoring
organization's control. The agreement shall also provide that the
permittee/sponsoring organization shall defend the City against, and
indemnify and hold the City harmless from any loss, damage, liability
or expense which may arise in any way in connection with the
permitted activity causedby the actions of the permittee/sponsoring
organization, its officers, employees, or agents or any person who was
reasonably should have been under the permittee or sponsoring
organization's control. .
13.28.130 Insurance.
A. The applicant/sponsor of an activity which requires a facility
permit pursuant to Section 13.28.050 must possess or obtain
liability insurance to protect against loss from liability imposed by
Ord. 1586 NCS Page 8 of 16
law for damages on account of bodily, injury and property damage
arising from the activity.
Such insurance shall name on the policy or by endorsement as
additional insureds, the City of Petaluma, its officers, - employees
and agents. Insurance coverage must be maintained for the
duration of the activity.
B. Coverage shall be a Comprehensive General Liability Insurance
Policy in an amount prescribed by City Council Resolution. The
insurance coverage afforded by the policy shall provide at a
minimum the equivalent of insurance coverage provided by
Insurance Services Office (ISO) Comprehensive General Liability
Insurance coverage.
If food or non-alcoholic beverages will be sold or distributed at
the activity the comprehensive general liability coverage must
include products liability coverage. If alcoholic beverages will be
sold or distributed at the activity., the policy must also include
for liquor liability.
C. A copy of the policy or certificate of insurance along with all
necessary endorsements must be filed with the Director no less
than five (5) days prior to the event., unless the Director for
good cause waives the filing deadline.
D . The insurance requirements of subsections A, B and C above
shall be waived by the Director for non -athletic events if the
following conditions are satisfied:
1. The applicant or an officer of the sponsoring organization
signs a verified statement that he believes the events
purpose is First Amendment expression, and that he has
determined that the cost of obtaining insurance is so
financially burdensome that it would constitute an
Ord. 1586 N.CS Page 9 of 16
unreasonable burden on the right of First Amendment
expression, or that it has been impossible to obtain
insurance coverage. The statement shall include the name of
an insurance agent licensed to do business in California who
has investigated the costs of such insurance, or state that
the applicant/sponsor has reviewed the insurance premium
for the required coverage under a City of Petaluma held
special events insurance policy.
2. The City of Petaluma may, at its discretion, determine to
require the applicant/sponsor to apply for insurance
coverage for the event under a policy selected by the City.
The applicant/sponsor must provide any information pertinent
to qualify for the insurance coverage. The premium for the
insurance coverage will be paid by the City of Petaluma
rather than the applicant/sponsor.
13.28.140 Sale of Goods and. Merchandise.
No person shall sell or offer for sale any goods, wares, merchandise
or beverages without the prior written approval of the Director. The
Director shall determine whether to approve:, conditionally approve, or
deny an application for a vendor permit, within four days after
receiving a completed application on a form prescribed by the Director.
A denial of an application shall state the grounds therefor, and the
applicant may appeal a denial or conditional approval in the manner
described in Section 13.28.160. Written permission shall not be granted
by the Director excepting for: sales by non-profit organizations in
connection with an organized activity which has been approved by the
Director; or for an activity whose primary purpose is First Amendment
expression and not private profit. The Park Director may impose
reasonable conditions of the issuance of a permit as authorized by
Section 13.32.100. This section shall not apply to the solicitation of
Ord. 1586 NCS Page 10 of 16
donations for distribution of materials by individuals for the primary
purpose of First Amendment expression and not private profit.
13.28.150 Amplified sound.
The use of amplified ;sound in a park is forbidden unless a facility
permit has first been obtained pursuant to 13.28.050. The Director,
upon granting a permit for use of any amplified sound system, may
impose reasonable conditions concerning the location of the sound
system, and the maximum decibel level for the sound system to
minimize the amount of amplified sound audible in adjacent parks areas
and neighborhoods.
13-.28.160 Appeal procedure.
A. The applicant shall have the right to appeal to the City Council a
permit de,nial,, permit condition, the Director's refusal to waive
the filing deadline,, or the Director's decision pertaining to fees
or insurance coverage required under this Chapter. Notice of
appeal shall be filed no later than seven calendar days after the
date of the decision with the City Clerk, stating the grounds for
the appeal. Notice of appeal shall be made on a form prescribed
by the City ' Clerk and shall be filed with the City Clerk stating
the grounds for appeal. Regular meetings of the City Council are
scheduled ;in ,accordance with Section_ 2.,04.010 of the Petaluma
Municipal 'Code '(usually the first and third Monday of each
month) . The appeal, must be filed no ::later than noon on Monday
a week preceding thel City Council meeting 'to 'be placed on the
next ,regular meeting's agenda. The decision of the ' City Council
is final.
B . If there is insufficient time for a timely appeal to be heard by the
City Council prior to the date on which the event is scheduled,
the applicant, may at his or her option, request the City Clerk to
Ord. 1586 NCS Page 11 of 16
schedule the appeal to be
heard before the
City
Manager. The
City Manager shall hold a
hearing no later
than
three business
days after the filing of the
appeal, and shall
render his decision
no later than two business
days after -hearing
the
appeal. If the
appeal is heard before the City Manager,
the
City Manager's
decision is final.
Section 13.28.170 Duties, of. permittee/sponsor.
A. Each permittee/sponsor of an activity shall comply with all terms
and conditions of the permit issued' under this chapter.
B . Each permittee/ sponsor. of an activity shall, ensure that the person
in charge of the activity shall :carry the permit issued under this
chapter on his person during' the duration of the activity.
C. Each permittee/sponsor of an activity shall ensure that the park
area or building used for the permitted activity is cleaned and
restored to the same condition as existed prior to the activity.
Section 13.28.180 Unlawful ;acts in park.
No person, other .than authorized City personnel., shall do any of the
following unless written permission has been obtained from the
Director:
A. To cut,
break, injure, deface or
disturb
any plant, rock,
building,
cage, pen, monument,
fence,
bench, or other
structure,
apparatus,, or property; or
to pluck, pull up,cut, take
or remove
any 'shrub, bush, plant or
flower,
or to make or write
upon any
building, monument,. fence,
bench
or other structure,
or to carry any flowers, shrubs or branches
into or through the
park;
B. To cut or remove any wood, turf,
grass,
soil, rock, sand or
gravel, or
any found object, whether
above or below the ground;
Ord. .1586 NCS Page 12 of 16
C. To lead, or let loose any cattle, horse, mule, goat, sheep, swine
or fowl of any `kind. Dogs are permitted subject to posted
regulations and Title 9 of this. Code;
D. To post, place or erect any bills,notice, paper or advertising
device of any kind, on park equipment.
E. Tear down, deface or destroy any sign posted pursuant to this
chapter.
F. To willfully tamper with or damage any water or gas pipes,
hydrant, stopcock, sewer, basin or other construction in any
park;
G. To carry any firearms, airgun or slingshot;
H. To make or kindle a fire except in picnic stoves or other fixtures
provided for that purpose, or to camp, except in places
designated as such by official action of the city;
I. To ride or drive any horse or other animal or any motorized
vehicle, cycle or scooter elsewhere than on the roads or drives
provided for such purpose, or to drive a motor vehicle in an
erratic or hazardous manner on any park roads, paths or parking
areas;
J. To enter, remain or stay in the swimming pools in the public
parks or the enclosures surrounding said pools at any time when
the pools are not open to the public with a lifeguard on duty.
K. To play or engage in model airplane flying, driving of golf balls,
archery, hardball or any similar games of a hazardous nature
except at such places as shall be especially set apart for such
purposes;
L. To throw or place on or in any park any paper, rubbish,
garbage or refuse matter of any kind, unless in a receptacle
designed for the purpose, but no person shall deposit household
rubbish and garbage in any city park, rubbish or in garbage
receptacles;
M. To urinate or defecate in a park or recreation facility except in
proper fixtures in a restroom facility designed for the purpose;
Ord. 1586 NCS Page 13 of 16
N. To use or possess any glass beverage container within the
boundaries of any park.
13.28.190 Park Closing 'Hours.
It shall be unlawful for any person to enter or remain in a city park,
whose closing times have been posted pursuant to Section 13.28.200,
between the hours of 10:00 P.M. and 6:00 A.M. or such other time as
is posted by the City Manager.
This section shall not apply to the following:
A. Any peace office or city employee acting within the course and
scope of his employment.
B. Any person who has received a facility permit or other written
authorization from the director for use of the park after closing
hours.
13.28.200 Posting of closing hours.
A. The City Manager is authorized to designate those parks or parks
are which shall be be closed between the hours of 10:00 P.M. and
6:00 A.M. or such other time as determined by the director to
prevent potential destruction of public property, potential
nuisance to the residents of adjoining areas, or hazards to
persons using park property.
B . The signs posting closing hours shall be not less than one square
foot in area and upon which, in lettering not less than one-half
inch in height, appear the words "ENTERING OR REMAINING IN
THIS PARK BETWEEN 10:00 P.M. (OR OTHER DESIGNATED
HOUR) AND 6:00 A.M. FORBIDDEN BY LAW P.M.C." Any area
to remain open shall be noted on said signs.
Ord. 1586 NCS Page 14 of 16
C. Each park shall be posted in the following manner:
1. If the park does not contain any lineal dimension exceeding
three hundred fifty feet, by posting signs at each corner of
the area and at intervals not exceeding one hundred fifty
feet, and., if such property has a definite entrance or
entrances, at each such entrance;
2. If the park has lineal dimensions exceeding three hundred
fifty feet, by posting signs at each. corner of the area and
at intervals not exceeding three hundred feet, and if such
property .has a definite entrance or entrances, at each such
entrance."
Section 3. If any section, subsection, . sentence, clause, phrase or
word of this ordinance is for any reason held. to be unconstitutional by a
court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions. of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have adopted this ordinance and
each and all. provisions thereof irrespective of the fact that any one or more
of said provisions be declared unconstitutional.
Section 4. The City Clerk is hereby directed to post/publish this
ordinance for the period .and in the manner required by the City Charter.
Introduced and ordered posted/�WWM/ /A/lbb 6th day of
August , 1984.
Ord. 1586 NCS Page 15 of 16
Adopted this 4th day of September , 1984 by the following vote:
AYES: Perry, Battaglia, Cavanagh, Balshaw, Vice Mayor Bond,
Mayor Mattei
NOES: None
ABSENT: (one seat vacant)
Mayor
� meL��
Ord. 1586 NCS Page 16 of 16