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HomeMy WebLinkAbout2/18/2004 - STAFF REPORTS (9) DATE: February 18, 2004 TO: City Council FROM: Chief of Police Amendment to Municipal Code Sections 11.44.060 — Parks and Recreation Areas, Prohibited Conduct RECOMMENDATION: That the City Council adopt an ordinance amending Section 11.44.060 of the Palm Springs Municipal Code relating to prohibited conduct in parks and recreation areas. SUMMARY: The current Municipal Code Section 11.44.060 prohibits swimming, bathing, wading and otherwise polluting the waters, among other things, of any fountain located in a recreation area or public park. The modification to this ordinance would expand that prohibited activity to include conducting personal hygiene and would apply to all fountains, except those interactive fountains specifically intended or designed for use by children, located in a public place within the city limits of Palm Springs. BACKGROUND: Municipal Code Section 11.44.60 prohibits (among other things) swimming, bathing, wading and otherwise polluting the waters of any fountain, pond lake or stream located in a recreation area or public park. Since this ordinance was adopted, other fountains have been constructed that are not located in park or recreation areas. People have been using these fountains to conduct personal hygiene. City employees have responded to several complaints of indecent exposure in the fountains, and while responding to these calls have located toiletries in the fountain (razor blades, glass items) that present a public health issue. Additionally, using these fountains as wading pools and permitting persons to use them in this manner exposes these persons to the potential of injury due to lack of hand holds, steps, etc. Modification of this ordinance would allow City employees to prohibit these activities in all fountains, except those interactive fountains specifically intended or designed for use by children, located within the city limits of Palm Springs. r Approved: / Gary J ¢ q , Chief of Police David Ready, City V Approved: City Attorney Attachment: Ordinance � L � ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.44.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO PROHIBITED CONDUCT IN PARKS AND RECREATION AREAS THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA HEREBY ORDAINS AS FOLLOWS: SECTION 1. An amended Section 11.44.060, shall replace the existing Section 11.44.060, entitled "Prohibited conduct generally," and shall read as follows: 11.44.060 Prohibited conduct generally. Within the limits of any City public park or recreation area, or in any City owned fountain, or in any fountain located in a public place in the City, no person shall: (1) Hitch, fasten, lead, drive or let loose any animal or fowl of any kind, provided that this shall not apply to a dog when led by a cord or chain, not more than six feet long; (2) Ride or drive any horse or other animal, or propel any vehicle, cycle or automobile, except at a place especially designated and provided for such purpose; (3) Carry or discharge any firearm, airgun, slingshot or other device designed or intended to discharge, or capable of discharging any dangerous missile, provided that this subsection shall not apply to any peace officer or other person lawfully licensed to carry a concealed weapon or who regularly carries a weapon in connection with private employment protecting property or persons (e.g., private patrol services and bodyguards) (4) Carry or discharge any firecracker, rocket, torpedo or any other fireworks, provided that this subsection shall not be deemed to prohibit the possession or use of safe and sane fireworks not otherwise prohibited by law, at places designated or provided for such purpose; (5) Cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure; (6) Cut or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer; (7) Swim, bathe, wade in, conduct personal hygiene (such as washing hair or body with or without soap, shampoo or similar personal hygiene products; shaving with or without shaving cream or similar personal hygiene products; oral care including using mouthwash or brushing teeth with or without toothpaste or similar personal hygiene products; cleaning any injury, wound, lesion, gash or abrasion in any manner with or without medical products, cleaning products or similar personal hygiene products; using any medical or �1 b other personal hygiene product to rid the body of lice or any disease, infection or growth), or pollute the water of any fountain, (the term fountain as used in this part shall not include interactive fountains specifically intended or designed for use by children), pond, lake or stream, except at a place especially designated and provided for such purpose; (8) Make or kindle a fire except in a picnic stove, brazier, fire pit, or other appropriate device provided or approved for that purpose by the public authorities; (9) Camp or lodge therein at any time, or otherwise remain overnight, whether or not in a structure permanently affixed to the ground, except at a place especially designated and provided for such purpose (including, if overnight camping is involved, the place shall have been cleared for such use by the chief of police pursuant to Chapter 11.40); (10) Cook, prepare, serve or eat any meal, barbecue or picnic except at the places provided therefore; (11) Wash dishes, clothing, or garments or empty salt water or other waste liquids elsewhere than in facilities provided for such purposes; (12) Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefore; (13) Play or engage in model airplane flying, driving of golf balls, archery, baseball, softball, football, soccer, volleyball or any similar games of a hazardous nature except at such places as shall be especially set apart for such purposes; (14) Play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming; (15) Indulge in riotous, offensive, threatening, or indecent conduct, or abusive, threatening, profane, or indecent language; (16) Disturb in any unreasonable manner any picnic, meeting, service, concert, exercise or exhibition; (17) Distribute any commercial handbill (as defined in Section 5.20.020) without a prior permit so to do from the city manager, which permit shall be issued only after due processing of an application pursuant to Chapter 5.20, and then only if the city manager determines that it would be affirmatively in the public interest to allow upon public property the commercial activity involved; (18) Post, place, erect, or leave posted, placed or erected, any commercial or noncommercial bill, handbill, circular, notice, paper, or advertising device or matter of any kind, in or upon any building, structure, pole, wire, or other architectural or natural feature of whatever character, except upon a bulletin board or such place especially designated and provided for such purposes, unless prior approval so to do has been obtained from the city manager, which approval shall be given only if the city manager determines that it 10031001/23405 v2 11 b l would be affirmatively in the public interest to allow the use of public property for such purposes, or that constitutional principles require that the same be allowed; (19) Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on, conduct, or solicit for, any trade, occupation, business or profession, unless such activity has been expressly allowed pursuant to specific provisions to such effect contained in either: a permit issued pursuant to Section 11.44.040; a permit issued pursuant to Chapter 5.36; a permit issued pursuant to Chapter 5.48; a concession agreement or franchise or the like duly entered into or granted by the city council; (20) Remain, stay or loiter therein between the hours of ten p.m. and dawn of the following day, except while attending a gathering or meeting for which a permit has been issued or which is being sponsored or conducted by the city department of community services. This subsection shall not apply to persons lawfully lodging, camping or otherwise remaining overnight at a place especially designated and provided for such purposes (including, if overnight camping is involved, the place shall have been cleared for such use by the chief of police pursuant to Chapter 11.40); (21) Use any restroom, washroom or dressing facility designated for the opposite sex, except that this subsection shall not apply to children six years of age or younger who are accompanied by an adult or other older person; (22) Row, sail or operate any boat, craft or other device, on or in any pond, lake, stream or water except at such place as is especially designated and provided for use of such boat, craft or device; (23) Hunt, frighten, chase, set snare for, catch, injure or destroy any animal or bird, or destroy, remove or disturb any of the young or eggs of same, or injure or maltreat any domestic or other animal; (24) Fish with hook and line, seine, trap, spear or net, or by any other means, in any pond, lake, stream or water, except at a place especially designated and provided for such purpose. (25) The possession and/or consumption of alcoholic beverages within city parks is prohibited except when a permit is issued pursuant to Section subsection (26) of this section; (26) Permit for Alcohol in City Parks. (A) A permit may be issued by the city manager or the city manager's written designee to allow the possession and/or consumption of alcohol in city parks. A permit may be issued only in conjunction with a contracted rental of a city park pursuant to the terms of Section 11.44.040 of this chapter. Notwithstanding any provision of this chapter, the city shall not be required to obtain such a permit for the consumption of alcohol at any organized group activity which has been planned, sponsored and approved by the city. (B) The city manager or the city manager's written designee may refuse to issue any such permit if the consumption of alcohol in the city park is reasonably anticipated to incite """ 1003/001/23405 Q I I y violence, crime or disorderly conduct, or would otherwise be detrimental to the public interest. (C) The city manager or the city manager's written designee may attach conditions to any such permit which are deemed necessary or appropriate to ensure that the consumption of alcohol will be carried on in conformance with applicable laws, rules and regulations, in a manner consistent with proper park and recreation area uses and in a manner not detrimental to the public interest. (D) Any permit granted pursuant to the provisions of this section shall specify the time and place in which the alcohol may be consumed, and shall designate the name of the person, society, association, or organization to whom the permit is granted. SECTION 2. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Palm Springs and shall cause a summary of this Ordinance to be published in accordance with Government Code Section 36933. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its passage. SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this chapter or part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that any one or more sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 5. FULL FORCE AND EFFECT. Except as set forth herein, the remainder of Chapter 11.56 of the Palm Springs Municipal Code shall remain unmodified and in full force and effect. ADOPTED, SIGNED and APPROVED this day of 12004. MAYOR OF THE CITY OF PALM SPRINGS ATTEST: City Clerk APPROVED AS TO FORM: David Aleshire, City Attorney 1003/001/23405 v2 11 �"