HomeMy WebLinkAboutOrdinance No. 02-O5 ORDINANCE NO. 02-05
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AZUSA AMENDING CHAPTER 50
SECTION 50-1 OF THE AZUSA MUNICIPAL
CODE PERTAINING TO PARK CLOSURE HOURS
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS :
SECTION 1 . Chapter 50, Section 50-1 of the Azusa Municipal code
is hereby amended to read as follows:
Sec. 50-1. Night closure.
(a) Purpose. The city council finds and declares that :
(1) The parks and recreation department has reported that the
use of municipal parks and recreational facilities at night
has caused undue wear and tear to such properties and will
continue to present a threat to the conservation of such
properties if not regulated.
(2) While state penal statutes exist which criminalize the
performance of certain acts within parks, these statutes are
not designed to further the legitimate public safety and
welfare interests of the city in limiting the wear and tear
on park properties .
(3) The park and recreational facility closure ordinance of the
City of Los Angeles has been held constitutional in People
v. Tratham (1984) 161 Cal . App. 3d Supp. 1, 208 Cal . Rptr.
535, and the city council does hereby explicitly adopt the
interpretation of the language of such ordinance adopted by
that court.
(4) This article is regulatory in nature rather than criminal,
in that its purpose is to restrict and regulate the use of
municipal parks and recreational areas under the purview of
the city in order to confine such usage to activities
compatible with the natural resources of such places, to
conserve such places in their pristine state and to promote
public health, safety and welfare in the usage of such
places .
(b) Established. No person shall enter, remain, stay or loiter in
any municipal park or recreational facility between the hours of 10 : 00
p.m. of one day and 5 : 00 a.m. of the next day. A violation of this
section is an Infraction.
(d) Exception. Subsection (b) shall not apply when officially
sanctioned organized sports activities, or events of a civic nature,
authorized by the City Council or Parks and Recreation Commission
extend beyond 10 : 00 pm, or begin prior to 5 : 00 am. In the event a
sanctioned event is limited to a specific building, or specific area
within the park, the remainder of the park shall be deemed closed at
10 : 00 pm.
(e) Posting required. Any municipal park or recreational facility
subject to this ordinance shall be posted with the following notice:
"Hours of Closure
This facility is closed
between the hours of 10 : 00
pm at night and 5 : 00 am
in the morning.
Any person entering,
remaining, staying, or
loitering upon these
premises during hours of
closure is guilty of an
Infraction
Ref . §50-1 (b) A.M.C."
Posting of the notice shall be made at all parking lot entrances if the
facility is equipped with an off-street parking area, and upon the
perimeter of the park adjoining any public street at not more than 150
foot intervals. All signs shall be not less than 17 inches wide by 22
inches in height with 1 inch lettering.
11/
PASSED AND APPROVED this 1st s . • . i /2002 .
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I, VERA MENDOZA, City Clerk of the City of Azusa do hereby
certify that the foregoing Ordinance No. 02-05 was regularly
introduced and placed upon its first reading at a regular meeting of
the City Council on the 18 day of March , 2002 . That
thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 1st day of April , 2002, by the
following vote, to wit :
AYES: COUNCIL MEMBERS : HARDISON,ROCHA,CHAGNON,MADRID
NOES: COUNCIL MEMBERS : NONE
ABSENT: COUNCIL MEMBERS: ST ► 'SRD
' TY CLERK
2