HomeMy WebLinkAbout1/21/2004 - STAFF REPORTS (15) DATE: January 21, 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 approve modification of Municipal Code Section
11.44.060 to expand the prohibition on bathing, swimming, and conducting
personal hygiene to include all fountains located within the City.
SUMMARY:
The current Municipal Code Section 11.44.060 prohibits swimming, bathing 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 City-owned fountains, etc., outside of public
parks.
BACKGROUND:
Municipal Code Section 11.44.60 prohibits (among other things) swimming,
bathing, 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 as wading pools, and have also
used them 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 City-owned fountains.
Approved:
Chief of Police City Manag —
Attachment: Ordinance
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 public park or recreation area, or City owned fountain of
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 other personal hygiene
product to rid the body of lice or any disease, infection or growth), or pollute the
water of any fountain, 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 therefor;
(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 therefor;
(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;
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(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 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;
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(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) Alcohol Prohibited in City Parks. 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 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
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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 2004.
MAYOR OF THE CITY OF PALM SPRINGS
ATTEST:
City Clerk
APPROVED AS TO FORM:
David Aleshire, City Attorney
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