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HomeMy WebLinkAbout92-12 Permits for the use of Public ParksAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 12-53 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PERMITS FOR THE USE.OF PUBLIC PARKS., THE CITY COUNCIL OF THE CITY OF`COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS Section 1.'_.,. The City Council. of the City of Costa Mesa does herebyfind as follows: WHEREAS, it is the.desire of the City to provide fac'i.lities for positive social interaction and for the enjoyment of groups and individuals of all ages in a safe and healthy.environment; And - WHEREAS, the City of Costa Mesa provides for and has .,''established parks., squares, avenues, grounds and recreation facilities for the use and enjoyment of the citizens of.the community; and WHEREAS, the. parks,,--squares,,,--avenues, grounds and recreational facilities are limited -in number and subject to competing requests for exclusive use of an area of such . facilities by groups of. citizens for parades, picnics, games or other group functions -`for limited periods of time;.and, WHEREAS, a permit system to reserve the,subject areas of public facilities for exclusive use for a. limited period of time will;:.(a) avoid hostility and keep the peace between groups of persons who desire to -use the same area of a facility at the same FA time; (b) assure the proposed use will not cause damage, injury or waste�to a public facility; and (c) prevent unlawful uses of. public facilities. Section 2. Section 12-53 of the.Costa Mesa Municipal Code is hereby amended to read as follows: Sec. 12-53. Permits. (a) Any lodge,- society, social organization,.group, sports league or team, social club or other organization of persons having ten (10) or more members or attendees desiring to use an area of any public park, square, avenue, grounds or recreation facility' for a parade, picnic, game, or other purpose and where such use will exclude or ,interfere with use by other members of the public from.such area shall obtain a permit from the Director of Community Services or his designee not -less than twenty-four (24) hours.or more than one (1) year prior to such use. The Director and other personnel of the Department.of Community Services may take all reasonable measures to apportion the use -of any park, square, avenue, grounds and other recreational facilities fairly among individuals and groups..desiring to use.them.'- A permit fee may be charged to offset -costs,. Such fees shall be established by resolution of -the City Council. (b) The Director of:Community.Services shall issue permits for the exclusive use of any public facility 2 described in subsection (a) during certain times unless one of the following grounds is found to exist : 1. 'The proposed use of a specified facility for a certain time is in conflict with a previously issued,permit for the same facility. 2. The proposed use will have a significant adverse' impact on -or present an eminent threat of. damage or injury to the facility, or to the public health, safety, and welfare. --3. The proposed use violates the provisions of this Article or any other State; County or City -statute, ordinance.or regulation. (c) Before making a determination on an application for a permit, the Director shall allow interested persons an opportunity to submit relevant information either orally or in writing, and the Director shall give notice of his decision on the application by mail - within twenty-four (24),hours of his decision.. The decision of ,the Director may be appealed to -the City Council by any interested, person within -seven (7) days of..the date on which the notice of the decision, addressed..to the groups or organizations affected, is deposited in the mail; provided, however, that the decision shall remain in effect while the appeal is pending. Section 3. Publication. This Ordinance shall take effect and be -in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA -MESA PILOT, a newspaper of general circulation printed and published in'the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a .certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against 1the same. PASSED AND ADOPTED this day of , 1992. Mayor # the City of Costa Mesa ATTEST: APPROVED AS TO FORM: v• C ty Clerk of the City of Co a Mesa N City Attorney STATE OF CALIFORNIA_ ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 92-12 was introduced and considered section by section at an adjourned meeting of said City Council held on the 16th day of June, 1992, and thereafter passed and adopted as a whole at a regular meeting of said City Council_ held on the 6th day -of July, 1992, by the following roll call vote: AYES: COUNCIL MEMBERS: / i fd� NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I'have hereunto setipy hand and of ixed the Seal of the City of Costa Mesa this day of , 1992. Ci y Clerk and.ex-officio Cle-rid of the City Council of the City Costa Mesa 5