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HomeMy WebLinkAbout1991-03-27 PRC Regular Meeting Agenda r AGENDA PALM DESERT PARKS AND RECRF,ATICIN CX;NMISSION WEDNESDAY, MARCH 27, 1991 9:00 A.M. - C MMIX Y SERVICES CONFERENCE R0OM 73-510 FRED WARIING DRIVE AAA****AAA*AAAAAAAAA***A*********** AAA*AAAAAAAAAA*AAAAAAA****** I. CALL TO ORDER II. APPROVAL OF MINUTES: March 13, 1991 III. DISCUSSION ITEMS: A. CITY PARK USAGE POLICY B. SECTION 4 PLAN C. JOINT MEETING ITEMS IV. ORAL COMMUNICATIONS: 1. Any person wishing to discuss any item not otherwise on the agenda may address the commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the commission. 2. This is the time and place for any person who wishes to comment on non-hearing agenda items. It should be noted that at commission discretion, these comments may be deferred until such time on the agenda as the item is discussed. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the commission. V. ADJOURN TO JOINT MEETING WITH A.I.P.P. 00 I'1.1't: A. SILVER SANDS PARK PROPOSAL - BAILEY OAKES B. SHORT AND LONG RANGE GOALS FOR PARKS & RECREATION COMMISSION C. SHORT AND LONG RANGE GOALS FOR ART-IN-PUBLIC-PLACES CXN4I'r1'EE VI. AMOURNMENT ********************A A A A****A A***A**AAA***AA A*********A***A A A A************* DEQ,ARATIION OF Yi.b'1'ING I, Donna Bitter, of the City of Palm Desert, do hereby declare that the foregoing agenda for the Parks and Recreation Commission meeting on Wednesday, March 27, 1991, was posted on the bulletin board by the outside entry to the Council Chamber, 73-510 Fred Waring Drive, Palm Desert, Friday, March 22, 1991. D. ed: . ch 22, 1991 • (A:&) DONNA BITTER Senior Office Assistant City of Palm Desert Y911iv11 r 111.11.: •--- .. s The Planning Commissioners Meeting Friday-Saturday, March 22-23 di'' ' Keeping Open and Honesty Morey • :' Mechanics of Water Conservation • ; Assessing Planning Proposals Appropriate Humor in Planning For information on either conference,, • ';Community Participation in Planning contact the League of California Cures A 5 at(916) 444-5790. f i 4z \ � .1 1 , is . > t eli . ,, 1- .'* it' . ' 5/ s 1()p , DQ OWNERS REO TO CARE LEAN AFTER PET POLLUTION THEM DOGS ...z FRS x. � , s DEPOSIT WASTEV •.'r �. k DISPOZ-A-SCOOP Sign/Dispenser r sAkA GARBAGE t ''"'' ' program eliminates "Pet Pollution" in ___. 1 .» cities, parks and public areas. Complete program includes: dispensers, signs and scoopers. SCOOP * Increases quality of environment. DISPENSER a * Reduces maintenance. * Prevents spread of disease. * Promotes responsible pet ownership. * Increases pro-pet sentiment and good-will. i Also available: Custom signage and bulk scoopers for Animal Control Depts. and Ott special events 4, -it4 For more information call: •k ‘,41,sti,..,,: . 1-800 873-K9KP i�� , : Petpro Products, Inc. 2022 Broadwa , Santa Monica, CA 90404 VStNk',.$,V.,.'t.4.-4 a vf % .44,0t..4 !!,,t,,,,t.,..;. Ipt,,,,. .44,,,e',..„ ' i 4•ItY . 21 WESTERN CITY, MAI 'II 1991 • some 41110. INTEROFFICE MEMORANDUM CITY OF PALM DESERT TO: David J. Erwin, City Attorney FROM: Tom Bassler, Administrative Public Works SUBJECT: REVISED PARK ORDINANCE DATE: March 20, 1991 The Civic Center Park, with all of its features, is a new major attraction for the city. The provided amenities far exceed anything previous and because of this, high use is expected. In particular, the lagoon is a tempting focal point for many unpleasant activities, swimming fishing, boating, etc. Additional restriction are needed to insure that safety and public enjoyment are maintained. The City of Riverside has a large public park with a lake. I recently received a copy of their park ordinance to review and get some ideas. Attached is a copy of their and our park ordinance. I have highlighted sections that should be incorporated into our park ordinance and questioned other areas that may need consideration. Please review the applicability of any or all of the Riverside ordinance to our situation and add any other items that need to be considered. OM TB/rh cc: Mr. Richard J. Folkers Mr. Ramon Diaz Attachments (As Noted) •. L '/ USE OF PUBLIC PARKS 9.04.280 The provisions of this section shall not apply to persons • sitting on the curb portion of any sidewalk or street while attending or viewing any permitted parade; nor shall the provisions apply to persons sitting upon benches or other seating facilities provided for such purpose by city authority or permitted by the Riverside Municipal Code. (Ord. 3566 § 1, 1968). Chapter 9.08 USE OF PUBLIC PARKS Sections: 9.08.010 Certain acts prohibited in public parks. +_ t •t.,, A( §- 9.08.01 5 Dop prohibited-Exceptions. 9.08.020 Promulgation of rules and regulations for operation of tennis courts. rin 1 11991 9.08.040 Male persons entering ladies' toilets- • Defacing toilets. I)ril t t,,1 11`71c 9.08.050 Throwing stones and waste matter in unauthorized places. 9.08.060 Throwing stones in stream or lake-Disturbing dams-Disturbing fowl. 9.08.070 Focusing automobile lights on ponds or fowl. 9.08.080 Disturbing rocks and soil-Rolling rocks down hill. 9.08.090 Picking plants or shrubs without permit. 9.08.100 Enforcement powers of superintendent and head gardener. 9.08.110 Smoking in Mount Rubidoux Park prohibited- Exception. 9.08.120 Gross weight of velucks restricted in Evans Lark parking lot. 249 (Riverside 6-30-85) . Nemo • 9.08.010 MACE, SUET? AND MORALS 9.08. 130 Alcohol possession or consumption. nn rr.ear ILEriga and six a 9. .m. 9.08.010 CERTAIN ACTS PROHIBITED IN PUBLIC PARKS. Within the limits of any public park within the City all persons are forbidden: (1) To lead, turn in or let loose any cattle, horses, mules , goats, sheep, swine, dogs, cats or fowl of any kind, except that this shall not apply to fowl turned lose by the Park and Recreation Commissioners; (2) To carry or discharge firearms, to carry or discharge firecrackers, torpedoes or other fire- works, or to carry or discharge any air gun or pistol or any slingshot or similar device, or any bows and arrows, or to carry or use any whistle or other object calculated to make a noise sufficient to disturb the peace or quiet of the park or the wild fowl therein, or to bring into any park any of the above objects or articles, and if such objects or articles are brought into any public park, the • person so bringing them in will be subject to having them taken away from their person by the proper authorities: (3) To cut, break, remove or in any way injure or deface any trees, shrubs, plants, buildings, monu- ments, structures, rocks, wood, turf, grass, soil, domes, fences, benches or other apparatus or prop- erty, or to write upon the sane, or to remove any mistletoe or other srovth from any tree or shrub: (4) To distribute any handbills or circulars or to post or to otherwise affix any bills, notices or other papers upon any tree or structure within such parks, or upon any fence. sate or enclosure. thereof: (5) To bathe or wade in or otherwise pollute the �d'� waters of any pond, stream, lake or pool, unless t wading or bathing is allowed in designated streams or pools, or portions thereof; (6) To frighten, chase, set snare for, catch, injure or destroy C ' (Riverside 6-30-85) 250 Nior• USE OF PUBLIC PARKS 9.08.010 any wild quadrupeds or birds. or destroy. remove or disturb any of the young or eggs of same. or to injure or maltreat any domestic or other animals: 17) To fish with hook and line. seine, trap, spear or net, or by any other means, in any pond or stream in such parks except '"AI in those ponds, lakes or streams designated for the purpose and only as to those places at such times as are designated by the park and recreation commissioners: (8) To make or kindle a fire of any kind, except by gave permission of the superintendent of the park; (9) To camp, lodge or tarry over night, unless there is set aside by the park and recreation commissioners certain places /f qr/G for this ournose: ( 10) To stop, park, ride or drive any horse or other animal, or to propel any vehicle elsewhere than on the roads of drives provided for such purpose: • (I I ) To indulge in riotous, boisterous or indecent conduct or language and no drunken, noisy, disorderly or offensive per- son shall be allowed within the parks: • (12) To vend or sell or offer for sale any merchandise or article or thing whatsoever without the written consent of the park and recreation commissioners; 1 1 3► To hitch or fasten any horse or other animal except at such places as shall he designated or provided for such purpose; • (141 To ride a bicycle or tricycle upon any or all walks, or to use thereon or upon any street or road in the public parks any N Roe roller skates, coaster or other similar article or device; "� (15) To utilize any water vehicle on any pond. lake or water within any of the parks of the city except the water vehicles ✓v provided as acceptable by the park and recreation p_ i commissioners of the city, without first obtaining the consent �C� of the person appointed by such park and recreation commissioners to take charge of such water vehicles; 250-1 (Riverside 6.3O4O) - . `or..r ',goo • USE OF PUBLIC PARKS 9.08.015-9.08.040 bQskdball and (16) To roller skate or bicycle upon the tennis courts within any public park within the city. (Ord. 48138 § I. 1981 , Ord. 4267 § I, 197o, pnor code § 25.1 ). 9.08.015 DOGS PROHIBITED - EXCEPTIONS. It shall be unlawful for any person owning, possessing or having custody or control of any dog to permit the same to be in any public park whether such dog be on leash or otherwise;provided, how- Al oedever, the prohibition herein stated shall not apply to any dog , while participating in a dog conformation or obedience show or \\ an obedience training program authorized by the park and � �� P,c recreation director or any dog used by a law enforcement �c- 1 agency. (Ord. 4780 § 2, 1980). ' 9.08.020 PROMULGATION OF RULES AND REGULA- ' TIONS FOR OPERATION OF TENNIS COURTS. The park ' and recreation commissioners of the city may, by resolution ? duly adopted, provide for any and all reasonable regulations and rules for the proper operation of the tennis courts within the park property. (Prior code § 25.2). 9.08.040 MALE PERSONS ENTERING LADIES' TOILETS - DEFACING TOILETS. No male person over the 7 age of six years shall enter any ladies' toilet within the public , parks or shall go into the vault of any such toilet; and no man ; 251 (Rtrenide 10-41) i 9.08.050-9.08.070 PEACE, SAFETY AND MORALS or boy shall go or he allowed to go within twenty feet of such toilet, except park employees may enter upon such premises at proper hours for the purpose of cleaning and repair. No person shall cut or deface the walls of any toilet or structure within the public parks or shall cut or write thereon any names or any obscene or indecent or other language. (Prior code § 25.4). 9.08.050 THROWING STONES AND WASTE MATTER IN UNAUTHORIZED PLACES. No person shall throw any stones or brush or waste matter or other material on the lawns or roads within any park in the city, nor shall any person leave • paper or trash on the lawn, tables or benches therein, but all such matters shall be deposited in such places as may be arranged and designated by the park and recreation commissioners. (Prior code § 25.5). p 9.08.060 THROWING STONES IN STREAM OR LAKE — DISTURBING DAMS — DISTURBING FOWL No person shall throw any stone, earth or other article into any stream, pond or lake in any park in the city, and no person shall dislodge or remove any earth or stone from any impounding dam in any such park, and no person shall by any means whatsoever unnecessarily frighten or attempt to frighten or disturb any wild fowl or domesticated fowl upon any stream, pond or lake within any public park in the city. (Prior code § 25.6). 9.08.070 FOCUSING AUIOMOBILE LIGHTS ON PONDS OR FOWL All persons are forbidden to unnecessarily focus or throw lights from automobiles upon any pond or lake in any public park in the city, or upon any wild fowl or domesticated fowl or animals within enclosures in any park in the city. (Prior • code § 25.7). (Rtvetllde lOAI) 252 a F11111119 • err/ • USE OF PUBLIC PARKS 9.08.080-9.08.110 9.08.080 DISTURBING ROCKS AND SOIL - ROLLING ROCKS DOWN HILL. All persons are forbidden to roll or disturb rocks and plants either native or otherwise or to disturb or remove any soil or gravel or any other material from any portion of any part in the city, or to roll any rock or any article down any hill in any such public park. (Prior code t 25.8). 9.08.090 PICKING PLANTS OR SHRUBS WITHOUT PERMIT. No person shall pick any flowers in any public park in the city or remove any plant or portion thereof or pick or e remove any cutting from any shrub or tree or have it done for • them, without a permit from the park and recreation commissioners. (Prior code t 25.9). 9 . 08 . 100 ENFORCEMENT POWERS OF SUPERINTENDENT AND HEAD GARDENER. Power and authority is hereby given to the superintendent and to the head gardener of the public parks, and to any of the foremen employed in such parks. to arrest, detain or deliver to the proper authorities: or, in their discretion, to eject and expel from the public parks any person who shall violate or offend against any of the provisions of this chapter or any other ordinances or rules that may hereafter be passed or adopted for the regulation and government of the public parks. (Prior code t 25.10) 0 SMOKING IN MOUNT RUBIDOUX PARK PROHIBITE - EPTION. It is unlawful for any person to smoke or to dispose o i hted cigarette, cigar ashes or any flaming or glowing substance in t Rubidoux Park. except in areas specifically designated by sign nnitted smoking areas. The director of parks and recreation is here rued to designate the permissive and prohibited smoking areas by 253 (Riverside 6-30-85) 11 .01 . 010 11 Title 11 PARKS Chapters : 11. 01 General Provisions 11 .04 Park Use Permit Chapter 11 . 01 GENERAL PROVISIONS Sections : 11.01.010 Definitions. 11.01.020 Hours of use. 11. 01.030 Authority to close public parks. 11. 01.040 Restrictions . 11. 01. 050 Violation--Penalty. 11 . 01. 010 Definitions . For purposes of this title, the words and phrases set out in this section shall apply: A. "Alcoholic beverage" means beer, wine, whiskey, bourbon, any distillant of wine or any beverage, brew or distilled liquid containing any portion of alcohol as one of its contents. B. "Camping" means the pitching of tents, use of sleeping bags, cots , beds, or other paraphernalia usually associated with living in the out-of-doors . C. "Chief of police" is the chief of police of the city. D. "City" is the city of Palm Desert. E. "City manager" is the city manager of the city. F. "Fire chief" is the chief of the fire department of the city. G. "Outdoor gathering" means any music festival, art festival, public dance, political rally, organized meetings with or without speakers or entertainment, or food, or similar gatherings at which music, entertainment, or speeches are provided for professional or amateurs or by prerecorded or other means , to which members of the public are invited or admitted for a charge or free of charge, or which is attended by more than thirty persons . Parades and outdoor athletic contests which are otherwise permitted or approved by the city coucil, or the chief of police , are not included within this definition. H. "Overnight sleeping" means sleeping during the hours between sunset and sunrise. 209 (Palm Desert 7/85) ,0„_1. 01. 020--11 . 01 .050 ti • I. "Person" is any person, firm, partnership, associa- tion, group, corporation, company, or organization of any kind. J. "Public park" means any place in the city set aside for the general or limited use by the public, for the purpose of picnicking, recreation and relaxation. K. "Public works director" is the public works director of the city. (Ord. 209 §1 (part) , 1979) . 11. 01 . 020 Hours of use . There shall be no restrictions on the use of a public park, except as provided in other sections of this chapter . (Ord. 210 §1 (part) , 1979 ) . 11 . 01 . 030 Authority to close public parks . The city manager, the chief of police, the fire chief and the direc- tor of public works for the city shall have joint authority to close any public park to public or private use when it is in the best interest of the city and the public welfare to do so. (Ord. 210 §l (part) , 1979) . 11. 01. 040 Restrictions . A. Camping or Sleeping . No person shall pitch a tent, or camp or sleep in any public park as defined in this chapter, except in areas specifically provided for camping, except that it shall not be unlawful to sleep without the use of camping or overnight sleeping paraphernalia during the hours between sunrise and sunset. B. Fires . No person shall make or kindle a fire in any public park, except in designated picnic stoves , barbe- cues or fire pits provided for such purposes, without having first obtained express written permission of the fire chief to do so. Persons making or kindling fires in other than designated facilities must have written permission in their possession at the time of making or kindling a fire . C. Alcoholic Beverages. No person shall bring into , consume, or have in their possession in any public park, an alcoholic beverage as defined in Section 11 .01 . 010A. D. Outdoor Gatherings . No person shall hold, conduct or manage an outdoor gathering as defined in this chapter, in any public park unless and until a permit to do so has first been obtained from the director of public works as required by this chapter; and the permit shall be carried at all times by the person in charge of heading or managing the outdoor gathering. (Ord. 210 §1 (part) , 1979) . 11 .01 . 050 Violation--Penalty . It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1 . 12 of this code . (Ord. 404 §6 , 1984) . 209-1 (Palm Desert 7/85 ) N"`r 11 . 04 . 010 Chapter 11 . 04 PARK USE PERMIT Sections : 11 . 04 . 010 Application for park use permit. 11. 04 . 020 Issuance of permit for park use . 11. 04 . 030 Notice of rejection. 11 .04 . 040 Late application. 11 . 04 . 050 Appeal. 11. 04 . 060 Persons to be notified . 11 .04 . 070 Violation--Penalty. 11. 04 . 010 Application for park use permit . Any person desiring to hold, conduct or manage an outdoor gathering as defined in Section 11 . 01 . 010G shall , not less than thirty nor more than sixty days before the date on which it is pro- posed to conduct or hold such outdoor gathering, file with the public works director a verified application on a form furnished by the city, setting forth the following informa- tion. A. The name of the person or organization wishing to conduct or hold such outdoor gathering; B. If the outdoor gathering is proposed to be conducted or held for, or on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and the authorized responsible head of such organization; C. The name, address and telephone number of the person who will be the chairman or who will be responsible for the conducting or holding of the outdoor gathering; D. The name, address and telephone number of the person or organization to whom the permit is desired to be issued; E. The date when such outdoor gathering is to be con- ducted or held; F. The place at which the outdoor gathering is desired to be held; G. The approximate number of persons who will attend such outdoor gatherings; H. The time the outdoor gathering is to commence and the time it will terminate; I . Whether such outdoor gathering will occupy all or a portion of a given public park area; J. The applicant shall submit a refundable cleaning deposit. The amount of the deposit shall be determined by the public works director, based upon the number of persons expected to attend the outdoor gathering . The deposit shall be used exclusively for cleaning of the facility after the conclusion of the outdoor gathering. Any portion of the deposit not used for such cleaning shall be automatically refunded within fifteen days after the event. (Ord. 210 §1 (part) , 1979) . 209-2 (Palm Desert 7/85) • °— l !"`04 . 020--11 . 04 . 060 11 . 04 . 020 Issuance of permit for park use . The public works director shall issue a permit as provided for by this chapter when, after investigation and consideration of infor- mation contained in the application, or information from any other source, he finds that : A. The holding or conducting of such outdoor gathering will not substantially interrupt or prevent the safe and orderly use of the public park by persons other than those attending the outdoor gathering; B. The concentration of and conduct of persons attending such outdoor gathering will not unduly interfere with the proper police and fire protection of , or ambulance service to, the public park or areas contiguous to the public park; C. The holding or conducting of such outdoor gathering is not reasonably likely to cause injury to person or property or to provoke disorderly conduct or create a disturbance; D. The holding or conducting of such outdoor gathering will not require the diversion of so great a number of police officers to maintain proper order , so as to prevent normal police protection to the city; E. Such outdoor gathering is not to be held for the sole purpose of advertising the goods , wares , services or merchandise of an individual or specific groups of business establishments or wholesale or retail vendors . (Ord. 210 §1 (part) , 1979) . 11 . 04 . 030 Notice of rejection. The public works director shall act upon the application for an outdoor gathering permit within ten days after the filing thereof . If the public works director disapproves the application, he shall mail to the applicant within fifteen days after the date upon which the application was filed a notice of his action, stating the reasons for his denial of the permit. Such notice shall be in writing and mailed to the address given by the applicant on the application for permit . (Ord. 210 §1 (part) , 1979) . 11. 04 . 040 Late application. The public works director shall have discretionary authority to consider any applica- tion for a permit for an outdoor gathering which is filed less than thirty days before the date such outdoor gathering is proposed to be held. (Ord. 210 §1 (part) , 1979) . 11 . 04 . 050 Appeal . Any person who had been denied a permit required by this chapter may appeal to the city coun- cil by filing a written notice of the appeal within five days after the mailing by the public works director of the notice of rejection or denial . (Ord. 210 §1 (part) , 1979) . 11 . 04 . 060 Persons to be notified . Immediately upon the granting of a permit for an outdoor gathering , the public 209-3 (Palm Desert 7/12/79) • 11 . 04 . 070 works director shall send a copy of the approved permit to the following: A. The city manager; B. The fire chief; C. The city planning director; D. The Riverside county sheriff ' s department; E. Any public official whose authority or functions may be affected by the holding of an outdoor gathering or problems which may arise as a result of the outdoor gathering. (Ord. 210 §1 (part) , 1979) . 11 . 04 . 070 Violation--Penalty. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1 . 12 of this code . (Ord. 404 §7 , 1984) . 209-4 (Palm Desert 7/85 )