Ordinance - 2129ORDINANCE NO. 2129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 16 OF THE WEST
COVINA MUNICIPAL CODE IN ITS ENTIRETY PERTAINING TO
PARKS, RECREATIONAL AREAS AND PUBLIC PLACES IN THE CITY
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 16 of the West Covina Municipal Code is hereby amended
in its entirety to read as follows:
ARTICLE 1
Section 16-1 — 16.15. Reserved.
ARTICLE II.
CONDUCT IN PUBLIC PARKS
Section 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.
Section 16-17. Definitions.
For purposes of this Article II, the following terms shall have the indicated meanings:
(a) The tern "alcoholic beverage concession facility" shall refer to any facility, stand,
booth, table, counter, or similar structure located in a public park where alcoholic
beverages are offered, sold, consumed, purchased, or prepared.
(b) 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.
(c) The term "public place" shall include the West Covina Civic Center.
(d) The term "Director" shall refer to the city Community Services Director, or
authorized designee.
(e) The term "special alcoholic beverage permit" shall refer to the required City -issued
permit for the lawful operation of an alcoholic beverage concession facility in a public
park.
(1) The term "Traffic Authority" shall mean the Traffic Committee of the City of West
Covina as established by Section 22-46 of this Code.
Section 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.
is(b) Light or maintain any fire except in a stove, fire circle or other place provided for
that specific purpose;
(c) Possess, carry or discharge any firearms, firecrackers, rockets, explosives or any
other fireworks, air gun, bow and arrow, or sling shot;
Ord. No. 2129
February 15, 2005
(d) Throw, project or propel any object capable of causing personal injury or damage to
personal property;
(e) Ride upon, propel or park a skateboard, roller skates, coaster, scooter or bicycle where the
Traffic Authority has posted signs in the manner set forth in Section 22-82 of this Code, 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 specific 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 Community Services
Director, requested ten (10) working days prior to the camping date; and
(k) Erect and operate mechanical rides or devices.
Section 16-18.1. Violations and Penalty Provisions.
Violation of any provision of this Article II shall be deemed an infraction or
misdemeanor as appropriate, and punishable as set forth in Sections 1-37 (General
Penalty; Continuing Violations), 1-37.1 (Violation; Infraction), and 1-38 (Penalty Not
Exclusive) of Chapter 1 (General Provisions) of this Municipal Code.
Section 16-19. Hours for Public Usage of City Parks, Signage and Posting
Requirements.
(a) Park hours shall be established byResolution ofthe City Council, upon recommendation ofthe
Community Services Commission.
(b) Signage clearly specifying the hours during which a park is open to the public shall be
placed and prominently posted and visible at all park entrances, parking lots and areas of
high public usage, such as picnic sites, sports fields and courts.
(c) Said signage shall specify the rules and regulations established pursuant to this Chapter
16 — Article II, and the activities described as prohibited in this Article. Signage required
pursuant to this Section shall cite the respective West Covina Municipal Code section
being invoked.
(d) It is unlawful for any person to remain, stay or loiter in a municipal park beyond the
hours of operation unless such person or entity is so authorized by a special permit issued
by the Department of Community Services.
Section 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 (5) 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.
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February 15, 2005
Section 16-21. Alcoholic Beverages in Public Parks.
As set forth in Section 15-5 of this Code, no person shall, within the limits of any public park or
public place, consume any alcoholic beverage except at locations and times approved by special
permit.
• This Section 16-21 duly recognizes that a separate permit process exists for the issuance of a special
alcoholic beverage permit for the consumption of alcoholic beverages during a private event that is
held within the confines of a park building or enclosed structure. This special permit for a private
event is processed administratively through the Department of Community Services and requires
the approval of the City Manager.
(a) Special Alcoholic Beverage Permits for City -Sponsored or Co- Sponsored Events.
The City Council may grant a special alcoholic beverage permit for an alcoholic beverage
concession facility to be located outdoors in a city park and operated in association with a
special city -sponsored or City co -sponsored event.
The alcoholic beverage concession facility shall be duly authorized by Resolution of the
West Covina City Council and the sponsoring organization must be properly licensed by
the State of California Department of Alcoholic Beverage Control to serve and/or sell
alcoholic beverages.
Requests for special alcoholic beverage permits shall be submitted to the City Council at
least three (3) months prior to the event date in order to allow sufficient time for
administrative processing by designated City departments and Council considerations as
appropriate.
(1) Contents of Request for Special Alcoholic Beverage Permit.
Requests for special alcoholic beverage permits shall contain the following:
A. The date and purpose of the event and the name of the City park where the
event shall be held.
B. The name of the sponsoring organization and its designated officer(s) who
shall be responsible for the event and alcohol beverage sales.
C. Proposed hours of operation for alcoholic beverage concession facility.
D. A description of the proposed premises for the alcoholic beverage
concession facility (tents, enclosures, fences, etc.).
E. A floor plan or diagram depicting the alcoholic beverage concession facility
and the exact location where the facility will be situated in the park. This
diagram shall include a clearly designated perimeter for the operation of the
facility and an area for the consumption of alcoholic beverages.
F. The names and current identification of all individuals who will work or
provide services in the operation of the alcoholic beverage concession
facility.
G. Proof of liability insurance for alcoholic beverage and liquor liability
• coverage in an amount no less than One Million Dollars ($1,000,000.00).
Said policy shall name the City of West Covina as an additional insured and
shall protect the City against claims that result from the selling, serving,
preparing, giving or consumption of alcoholic beverages during the special
event.
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February 15, 2005
(2) City Departmental Review.
Review and commentary on a request for a Special Alcoholic Beverage Permit
shall be required from the Administration, City Attorney, Community Services,
Fire, Police, Risk Management and Building Departments prior to submittal for
Council consideration.
• Staff commentary and suggestions shall be compiled in a report prior to Council
consideration of the special alcoholic beverage permit request.
The purpose of the departmental review is to thoroughly address specific concerns
prior to Council consideration of said request. Said review may include concerns
regarding the safety of event participants, limiting access to the alcoholic
beverage concession facility, fencing to prevent unauthorized persons from
entering the designated area, capacity restrictions according to proposed square
footage, ingress and egress considerations, restrictions to ensure alcoholic
beverages are not taken beyond the established perimeter of the facility.
(3) Established Perimeter.
No person shall be allowed to possess or consume alcoholic beverages outside of
the established perimeter of the alcoholic beverage concession facility.
(4) Age Restriction.
Patrons and workers of the alcohol beverage concession facility must be
twenty-one (21) years of age or older. The sponsoring organization shall
ensure that entrance to the designated perimeter is monitored at all times,
and that all patrons purchasing or consuming alcoholic beverages are of
the legal age of 21 years.
(5) Proof of Licenses and Permits.
At least fifteen (15) days prior to the special event, the sponsoring organization
must provide the City Council with proof of all special permits and licenses
required by the State of California Department of Alcoholic Beverage Control in
order to operate an alcoholic beverage concession facility.
(6) Posting of License and Permits.
If approved by the City Council, an alcoholic beverage concession facility shall
prominently display the special City permit and all permits and licenses required
and issued by the State of California Department of Alcoholic Beverage Control.
Said permits and licenses shall remain posted during the entire operation and
function of the facility.
(7) Rules and Regulations.
Any permittee operating an alcoholic beverage concession facility shall abide by
all Federal, State and local laws, rules, regulations and ordinances regarding the
use, sale, purchase and consumption of alcoholic beverages. The failure of any
permittee to abide by any and all such laws, rules, regulations or ordinances shall
constitute grounds for the immediate revocation of the special alcoholic beverage
• permit.
Ill
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February 15, 2005
Section 16-22. Vehicle Regulation.
(a) 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 often (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 it
is the opinion of Traffic Authority personnel that such parking will not interfere with the
operation ofthe public park or public place.
(c) Erection of Sneed, Traffic and Parking Signs The Traffic Authority is authorized to erect
and maintain signs at locations deemed appropriate indicating the speed limits established
bythe 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 beremoved and stored at the owner's expense bypeace
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 shall 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.
Section 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. '
Section 16-24. Non -Commercial 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, or authorized designee.
Section 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 provision 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 shall be under the
responsible care of a person while not restrained by a leash or enclosed in a car, cage or similar
enclosure while participating in the permitted event.
EXEMPTIONS
A. Dogs used for law enforcement purposes by law enforcement personnel shall be exempt from
these provisions.
• B. Horses are permitted at the Ridge Riders Equestrian Center, but are otherwise not allowed
on any other City park without the express permission of the Director of Community
Services.
Section 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.
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February 15, 2005
Section 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.
• Section 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 ofmaintaining public parks and public places and
has discouraged public contributions oftime and property to the development and
improvement of public parks and public places.
(b) The City Council hereby authorizes a reward to be offered and paid to any person who
furnishes to the City of West Covina Police Department information leading to the
apprehension and conviction of any person who willfully destroys or damages property of
the City in any public park or public place. The reward amount shall be set by Resolution of
the City Council.
(c) Claims for rewards under this section shall he 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 byname the person convicted ofthe damage or destruction thereof.
(3) Identify the court and the date upon which the conviction occurred.
(d) No claim shall be allowed bythe City Council unless the Chief of Police certifies to the
accuracy of the claim and recommends that it be allowed.
(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.
Section 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.
ARTICLE IIl.
PUBLIC SKATE PARKS
Section 16-40. Statement of Purpose.
The purpose of this section is to establish a comprehensive set of rules and regulations for the
use of the skate park facility in the City of West Covina. This section shall apply to the use
and operation of skateboards, in -line skates, and common roller skates in the City's owned
and operated skate park facility.
Section 16-41
Section 16-42.
Reserved.
Definitions.
For the purpose of carrying out the intent of this Article III, words, phrases and terms used
herein shall have their ordinary meaning, unless otherwise indicated as follows:
isThe term "skate park facility" shall mean the public facility that is designated for, and
maintained by the City of West Covina for the purpose of skateboarding, in -line skating and
roller skating as permitted pursuant to the provisions of this Article.
The term "skateboard" shall mean all wheeled objects, coasters, toys, conveyances, or similar
devices used for transportation or sport which are propelled by human power and which are
not classified as bicycles or two -wheel scooters.
The term "roller skates" shall mean a shoe, boot, or an apparatus worn on a shoe or boot with
wheels attached to such shoe, boot or apparatus.
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Ord. No. 2129
February 15, 2005
The term "in -line skate" including roller blades shall mean a common roller skate with
wheels attached thereto in a manner so that all wheels are aligned on a single line, and foot
propelled without a steering apparatus.
The term "scooter" shall mean a plank or board, whether made of wood, plastic, metal, or any
other material, with wheels and steering apparatus attached and is foot propelled or motorized.
• Section 16-43. Reserved.
Section 16-44. Hours of Operation.
A skate park facility shall be open from 5:00 a.m. until 10:00 p.m. daily, or as otherwise
posted by the Director of Community Services. It shall be unlawful for any person to use or
remain in the facility in violation of this section without written consent of the Department of
Community Services.
Section 16-45. Reserved.
Section 16-46. Prohibited Conduct.
With respect to any City of West Covina skate park facility, it shall be unlawful for any
person to do any of the acts hereinafter specified:
(1) No person shall skate or skateboard at times other than those established by the
Director of Community Services or authorized designee;
(2) No person shall use a skate park facility for uses other than skateboarding and skating;
(3) No person shall use or enter the fenced area of a skate park facility unless he/she wears
proper safety equipment including a helmet, elbow pads, and knee pads. All such
safety equipment must be functional and protective, properly sized and designed for its
intended use at the skate park facility;
(4) No person shall ride or use any items other than roller skates, in -line skates or
skateboards on the skating surface of a skate park facility. The use of all other items,
including but no limited to, bicycles, unicycles, scooters, go-carts, and wagons, on the
skating surface of a skate park facility is strictly prohibited;
(5) No person shall possess or use alcohol or drugs in a skate park facility;
(6) No person(s) shall litter in a skate park facility. All persons using a skate park facility
shall place any trash they create at or bring to a skate park in refuse containers
provided by the City. If no refuse container is provided by the city, all persons shall
be responsible for removing and disposing of such items in an appropriate manner;
(7) No person shall cause graffiti or tagging in a skate park facility;
(8) No person shall ride any skateboard or skates in a skate park facility in a reckless
manner or with willful disregard for the safety of persons or property, or cause such
items to be ridden in such a manner;
(9)
No person shall skate on the curbs, sidewalk, fences, railings, and/or driveway of a
City -owned area surrounding a skate park facility;
(10)
No glass containers shall be used in a skate park facility;
(11)
No additional obstacles shall be placed in a skate park facility;
(12)
No skate park facility shall be used if a hazardous condition exists, including but not
limited to inclement weather conditions and significant cracks, breaks, or other
• (13)
irregularities in the skating surface of a skate park facility;
All organized events shall have written approval from the Director of Community
Services or authorized designee; and
(14)
Animals are prohibited in a City of West Covina skate park facility.
Section 16-47. Reserved.
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Ord. No. 2129
February 15, 2005
Section 16-48. Protective Gear; Regulations.
It is unlawful for a person to ride a skateboard or to skate in a skate park facility without the
use of a helmet, elbow pads and knee pads (This covers skating with roller skates and in -line
skates).
Section 16-49. Reserved.
• Section 16-50. Signage and Posting Requirements.
In order to provide notice to the public, the Director of Community Services, or authorized
designee shall post signs in one or more conspicuous and visible area(s) of a skate park
facility that specify the rules and regulations established pursuant to this Article III, and the
activities described as prohibited in this Article. The signs required pursuant to this section
shall cite the respective West Covina Municipal Code section being invoked.
Section 16-51. Reserved.
Section 16-52. Violation and Penalties.
A violation of this provision shall constitute an infraction punishable by:
(a) A fine not to exceed fifty dollars ($50.00) for the first violation;
(b) A fine not exceeding one hundred dollars ($100.00) for the second violation of the
same ordinance occurring within one (1) year of the first violation;
(c) A fine not exceeding one hundred and seventy five dollars ($175.00) for each
additional violation of the same ordinance occurring within one (1) year of the first
violation;
(d) Any violation of the provisions of this Article III shall be deemed an infraction and
punishable as such, notwithstanding the fact that at the discretion of the City Council,
the violation may be filed as a misdemeanor;
(e) Repeat violators of the skate park rules may be prohibited from using the skate park
facility; and
(f) Violations of any provisions of this section shall constitute a nuisance and may be
abated by the city through civil process by means of restraining order, preliminary or
permanent injunction or in any other manner provided by law for the abatement of
such nuisances.
Section 16-53. Confiscation and Impoundment of Personal Property.
(a) Violation of any provisions of this Article III may also result in the impounding of a
skateboard, in -line skates, roller skates, coaster, toy vehicle, bicycle or similar device
to determine identity of the user and/or to facilitate contact with a parent in the case of
a juvenile violator.
(b) Failure to comply with this Article III may result in a citation and penalties as set forth in
Section 16.52 above and the impoundment of the skateboard, in -line skates, roller skates,
coaster, toy vehicle, bicycle or similar device and may also require restitution for
damages to property, if applicable.
(c) All skateboards, in -line skates, roller skates, coasters, toy vehicles, bicycle or similar
devices impounded pursuant to this Article III shall be properly identified, catalogued
and stored according to the West Covina Police Department's procedures for impounded
property.
• (d) Skateboards, in -line skates, roller skates, coaster, toy vehicles, bicycle or similar devices
shall not be impounded or stored as criminal evidence unless the item is used in
connection with a criminal incident falling outside this general order.
Ord. No. 2129
February 15, 2005
(e) The City Council hereby establishes the right to charge impound fees for property
confiscated pursuant to this Section. The amount of said impound fees shall be set by
Resolution of the City Council.
(f) Unclaimed Property. Articles impounded pursuant to this Section which are not claimed
and released within sixty (60) days of the initial impoundment date, shall be disposed of
• according to the West Covina Police Department's established procedures for the
impoundment of unclaimed property.
(g) For individuals under eighteen (18) years of age, the signature of a parent or legal
guardian shall be required for the release of impounded property.
(h) Dispositions and releases of impounded property shall only be processed by authorized
personnel of the West Covina Police Department during normal business hours.
SECTION 2. The City Clerk shall certify to the passage of this ordinance and shall cause
the same to be published as required bylaw.
PASSED, APPROVED and ADOPTED on the 151h day of February 2005.
Mayor Michael L. Miller T
ATTEST:
eQt, WAX)
City Clerk Laurie Carrico
1, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the I" day of February 2005. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 15`h day
of February 2005, by the following vote:
AYES:
Herfert, Hernandez, Sanderson, Wong, Miller
NOES:
None
ABSENT:
ABSTAIN:
None
None
City Clerk Laurie Carrico
APPROVED AS TO FORM:
IIJ44 - )V�-
• City ttomey ArnoldAlvarez-Glasman