HomeMy WebLinkAbout96-04 Regulations of Conduct in Parks and Recreation FacilitiesL
ORDINANCE NO. 96-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING SECTIONS- 12-
20,12-23 AND 12-45 AND REPEALING SECTIONS 12-21,
12-22, 12-33, 12-34, 12-35, 12-37, 12-40, 12-41 AND
12-50 OF THE COSTA MESA MUNICIPAL CODE,
PERTAINING TO REGULATIONS OF CONDUCT IN PARKS
AND RECREATION FACILITIES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 12-20 of Title' 12 of the Costa Mesa Municipal Code is
.hereby amended to read as follows:
"Sec: 12-20 Disorderly Conduct.
(a) When used in this --Title, the words "disorderly conduct" shall
include any of the following -conduct in any park:
(1) A violation of any section of the California Penal Code.
.(2) A violation of any section of this Code.
(3) Throw or cause to be launched stones or any other'
projectile.
(4) Fire or carry fireworks of any kind including "safe and sane
fireworks."
(5) Make any fire .or hold any barbecue except at places
designated by the Director.
(6) Conduct or cause to be conducted any business or perform
any labor including but not limited to the wholesale or retail
provision or distribution of goods, commodities or services.
(7) Climb upon any wall, fence, shelter, seat, building,
structure, tree, shrub, device or other equipment, except at play
equipment designated by the Director.
(8) Bring, land or cause to' descend or alight any aircraft,
balloon, parachute or other instrumentality, machine, or apparatus
for aviation or flight, except as permitted by the Director pursuant
to this Title.
(9) Damage deface, alter, injure, destroy or remove any tree,
wood, bush, turf, flower, plant, grass, soil, rock or any similar
thing or part thereof from any park or in or on any building or
structure within any park.
(10) Damage, deface, alter, injure, destroy, or make, cut, paint
upon, or otherwise mar or mutilate, or remove any equipment,
pathway, facility, building or structure or part thereof within any
park.
(1 1) Let loose or permit to run, or swim, at large any animal upon
any park, building or structure thereon, except as permitted by the
Director pursuant to this Title.
(12) Damage, deface, alter, injure, destroy or remove any animal
in any park, except that abandoned wild or exotic animal let loose
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in any park in violation of this Title may be removed by the
Department.
(13) Lead, drive, entice, conduct or otherwise bring or cause to
bring any horse, mule, ass, cattle, goat, sheep, swine or other
similar livestock animal upon any park, building or structure
thereon, except as permitted by the Director pursuant to this Title.
(14) Place, pile, deposit, leave or cause to be deposited any
building material, soil, solid waste or any other thing upon any
park, and building or structure, except as permitted by the Director
or in an area or receptacle designated by the Department pursuant
to this Title.
(15) Swim,. bathe or wade in or pollute the waters of any
fountain, lake, marsh or fishpond in any park or recreation center,
and building or structure thereon.
(b) Ejection. Any person who commits any of the acts set forth
in this section shall be guilty of disorderly conduct and shall be ejected
from the park by the Director or Police Department as provided by this
Title."
Section 2. Sections 12-21 and 12-22 of Title 12 of the Costa Mesa Municipal
Code are hereby repealed and reserved for future_ use.
Section 3. Section 12-23 of Title 12 of the Costa Mesa Municipal Code is
hereby amended to read as follows:
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"No person shall enter upon or engage in any activity in any park and
building or structure thereon after dark, except in those recreation
facilities and park areas designated by signage or subject to a. permit
issued by the Director pursuant to this Title."
Section 4. Sections 12-33, 12-34, 12-35, 12-37, 12-40 and 12-41 of Title
12 of the Costa Mesa Municipal Code are hereby repealed and reserved for future use.
Section 5. Section 12-45 of Title 12 of the Costa Mesa Municipal Code is
hereby amended to read as follows:
"Sec. 12-45 Sports Activities.
(a) No person shall fly a kite or airplane (motor driven), or participate
in any games such as baseball, football, hockey, and the like in any park,
where such use has been prohibited by a sign posted at the entrance to
the park as designated by the Department.
(b) No person shall play, practice or in any way engage in the game
of golf in any public park or parkway in the City, except at the times and
places designated by the Director and under the supervision of a member
of the staff of the Department. This section shall not apply to playing of
golf on any City -operated golf course.
(c) No person shall engage in any boxing contest, prizefight,
combative marshal arts activity or wrestling contest, or promote or
participate in any such contest, in any park or recreation center, without
a written permit from, the City Council."
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Section 5. Sections 12-47, 12-50 and 12-52 of Title 12 of the Costa Mesa
Municipal Code are hereby repealed and reserved for future use.
Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance or its application to other persons. The City
Council hereby declares that it would have adopted this Ordinance and each chapter,
article, section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 7. 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 the same.
PASSED AND ADOPTED this
ATTEST:
T.
Deputy Pty Clerk
of the y of Costa Mesa
4 day of 1996.
0
Ma o
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy 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.
96-* was introduced and considered section by section at a regular meeting of said
City Council held on the ��"day of 2hAhc& , 1996, and thereafter passed and
adopted as a whole at a regular meeting of said City Council held on their
day of
1996, by the following roll call vote:
AYES: COUNCIL MEMBERS: ERi C K.5bA) 146pN13 rcC1,1LE, GEA/i5�
M0NA HgA)
NOES: COUNCIL MEMBERS: A&1j r.
ABSENT: COUNCIL MEMBERS: 311 FFA}
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this�'`�D day of 1996.
TITLE 12.112 (3-26-96)
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Deputyity Clerk and ex -officio
Clerk o the City Council of the
City of Costa Mesa