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Ordinance - 1770u • ORDINANCE NO. 1770 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CHAPTER 16, ARTICLE II AND SECTION 15-5 OF THE MUNICIPAL CODE PERTAINING TO PARK AND RECREATION AREAS. THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: SECTION 1. Article II of Chapter 16 of the West Covina Municipal Code is amended to read as follows: "ARTICLE II. CONDUCT IN PUBLIC PARKS "Sec. 16-16. Scope of article. The rules and regulations set forth in this article shall govern the public parks and public places of the city. "Sec..16-17. Definitions. (a) The term "public park" shall include every park, roadside rest, golf course, riding and hiking trail and public recreation facility owned, managed or controlled by the city. (b) The term "public place" shall include the West Covina Civic Center. (c) The term "Director" shall refer to the city Human Services Director or his designee. (d) The term "Traffic Authority" shall mean the Traffic Committee of the City of West Covina as established by Section 22-46 of this Code. "Sec. 16-18. Unlawful acts. Within the limits of any of the public parks or public places of the city, no person shall do any of the following acts: (a) Remain, stay or loiter in any public park, public place or building therein,.between the hours established by resolution of the City Council and posted, except with the written permission from the Director. (b) Light or maintain any fire except in a stove, fire circle or other place provided for that purpose; (c) Possess, carry or discharge any firearms firecrackers, rockets, explosives or any other fireworks, air gun, bow and arrow •, or slingshot; • (d) Throw, project or propel any missile capable of causing personal injury or damage to personal property; (e) Ride a skateboard, roller skates or other conveyance propelled by human power other than a bicycle or cause or permit same to roll or coast where the Director has posted signs to prohibit such activity; (f) Throw, discard, place or dispose of any garbage, or refuse in any place other than a garbage can or other receptacle maintained for that purpose; (g) Discard any large items, such as sofas, mattresses, appliances or construction materials in public trash bins; (h) Pick, dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof growing therein; or cut, break, deface, or injure any building, monument, sign, fence, bench, equipment, or property therein; or cut or remove any wood, turf, grass, soil, rock, sand, or gravel; (i) Swim, bathe, wade in or pollute the water of any fountain, pond, lake, or stream, or commit any nuisance in or near such water or in any manner pollute the same; (j) Camp or lodge therein, except with written approval from the Human Services Director, requested ten working days prior to the camping date; and (k) Erect and operate mechanical rides or devices. "Sec. 16-19. Park hours. Park hours will be established by City Council Resolution, upon a recommendation of the Recreation and Park Commission. Said hours shall be posted. "Sec. 16-20. Public address systems. No person shall set up, use, operate or maintain a public address system within any public park or public place without obtaining a permit from the Director. The person shall apply for the permit by application to the Director a minimum of five working days prior to the date requested. The Director is expressly given the authority to determine the maximum amplification permissible consistent with other persons' enjoyment of the public parks and public places. -2- "Sec. 16-21. Alcoholic beverages. No person shall, within the limits of any public park or public place, consume any alcoholic beverage except at locations and times approved by Resolution of the City Council. Any alcoholic beverage in his possession shall be stored in a closed vehicular trunk or storage compartment. • "Sec. 16-22. Vehicle regulation. is (a) Speed. No person shall drive any vehicle within any public park or public place at a speed that is greater than is reasonable or prudent, having due regard for the traffic and traffic pattern and the surface and width of the roadway, and in no event in excess of ten (10) miles per hour unless a greater speed is posted. (b) Parking. No person shall park any vehicle within any public park or public place except in designated parking areas; however, the Traffic Authority is hereby authorized to Permit parking along roads and in undeveloped areas within the public park or public place when in their opinion such parking will not interfere with the operation of the public park or public place. (c) Erection of Speed, Traffic and Parking Signs. The Traffic Authority is authorized to erect and maintain signs at locations deemed appro- priate indicating the speed limits established by the City Council for public parks and public places along the roadways or streets therein. The Traffic Authority is also authorized to designate parking areas and traffic patterns and to erect and maintain signs indicating such areas and patterns. (d) Removal of Vehicles. Vehicles may be removed and stored at the owner's expense by peace officers where the vehicle has been parked for a period of time or more than twenty-four (24) hours in a location where parking is prohibited and appropriate signs have been posted. (e) Vehicle Access. No person may ride or drive any horse or other animal or propel any vehicle, cycle or automobile within any public park or public place except on roads, trails or driveways the Traffic Authority has designated for that purpose. MIM "Sec. 16-23. Commercial solicitation and sales. No person shall, within the limits of any public park or public place, solicit primarily for commercial purposes in any manner, or sell or offer for commercial sale any goods, wares, merchandise or food products, or distribute or • pass out any primarily commercial handbills or advertising material without permission granted by the City Council (Code 1960-4201; Ord. No. 1445 - 1,7-9-79). "Sec. 16-24. Noncommercial solicitation and sales. No person shall, within the limits of any public park or public place, solicit funds, or sell or offer for sale any goods, ware, merchandise or food products for any noncommercial purpose without written approval from the Director. "Sec. 16-25. Domestic animals. No person having custody of a cat, dog or other domestic animal shall allow such animal in any public park or public place without the ability to produce evidence that the animal is currently licensed as required by any other pro- vision of law and unless such animal is restrained by a substantial leash not to exceed six (6) feet in length and is in the charge of a person competent to restrain such animal. Further, the Director may designate areas where animals are required to be restrained and enclosed in a car, cage or similar enclosure, except for guide dogs for blind persons. The Director may issue permits for group activities wherein dogs or cats will be under the responsible care of a person while not restrained by a leash or enclosed in a car, cage or similar enclosure while partici- pating in the permitted event. Dogs used by the police are exempted from these provisions. "Sec. 16-26. Athletic activities. No person shall conduct or participate in any sport or in any organized athletic activities within any recreational area other than in such areas as may be designated for such sports, games or athletic activities, nor in any areas where the Director has posted signs prohibiting such activities. "Sec. 16-27. Exemptions. The provisions of this Article shall not be construed to prohibit persons from engaging in organized recreation activities conducted and scheduled by the city, nor to prohibit the city from conducting such activities. • "Sec. 16-28. Damage or destruction of park property; rewards. (a) The City Council hereby finds and declares that there has been a substantial increase in vandalism and the destruction of city • property in public parks and public places. This has materially increased the cost to the public of maintaining public parks and public places and has discouraged public contributions of time and property to the development and improvement of public parks and public places. 0 (b) A reward of fifty dollars ($50.00) is hereby offered and shall be paid to any person who furnishes to the police department infor- mation leading to the apprehension and convic- tion of any person who willfully destroys or damages property of the city in any public park or public place. (c) Claims for rewards under this section shall be filed with the city clerk as are other claims against the city. Each claim shall: (1) Specifically identify the date, location and kind of property damaged or destroyed. (2) Identify by name the person convicted of the damage or destruction thereof. (3) Identify the court and the date upon which the conviction occurred. (d) No claim shall be allowed by the city council unless the chief of police certifies to the accuracy of the claim and recommends that it be allowed. I'VI (e) The Director is authorized to cause signs containing the offer of reward to be posted at appropriate locations on public parks and public places. "Sec. 16-29. Director's authority. The Director shall have the authority to issue additional regulations to implement the intent of this Article. This authority shall include, but not be limited to, the establishment of the permit application procedures, a reservation system for use of recreational facilities, permit fees and liability insurance requirements." -5- SECTION 2. Section 15-5 of the West Covina Municipal Code is amended to read as follows: "(a) For the purpose of this section, the following terms shall have the meanings indicated: "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one (0.5) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. "Highway" includes alleys, bridges, culverts, curbs, streets and sidewalks in the city. "Public ark" "public lace" " p p p and Director shall have the meanings set forth at Section 16-17 of this Code. (b) No person shall consume any alcoholic beverage while on any public highway. (c) No person shall consume any alcoholic beverage while in or on any building or grounds belonging to the state, county, city or other governmental entity or agency, subject to exceptions in Section 16-21 of this Code. (d) No person shall consume any alcoholic beverage while in or on any unenclosed area designed or used or intended to be used for the parking of motor vehicles and which parking area is used in conjunction with or as an adjunct to any business, trade or occupation for which a business license has been issued or is required to be issued pursuant to the provisions of this Code." SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 22nd day of February 1988 ATTEST: MAYOR CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. / 7 70 was published, pursuant to law, in the San 40 Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. Janet Berry, City Clerk City of West Covina, Ca ornia DATED: S •T �`