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HomeMy WebLinkAboutOrdinance No. 2333 ORDINANCE NO. 2333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING CHAPTER 8. 55 TO THE AZUSA MUNICIPAL CODE RELATING TO THE NIGHT CLOSURE OF MUNICIPAL PARKS AND RECREATIONAL FACILITIES THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8. 55 is hereby added to the Azusa Municipal Code to read as follows: CHAPTER 8.55: NIGHT CLOSURE OF MUNICIPAL PARKS AND RECREATIONAL FACILITIES Section 8.55.010. PURPOSE. The City Council of the City of Azusa finds and declares that: (a) 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. (b) While state penal statues exist which criminalize the performance of certain acts within parks, these statutes are not regulations designed to further the legitimate public safety and welfare interests of the City in limiting the wear and tear on park properties. (c) The provisions of the park and recreational facility closure ordinance of the City of Los Angeles have 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 said ordinance adopted by that Court. (d) This Chapter 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 BSK/ORN0002 ., �.. places, to conserve such places in their pristine state, and to promote public health, safety and welfare in the usage of such places. Section 8. 55.020. NIGHT CLOSURE OF MUNICIPAL PARKS AND RECREATIONAL FACILITIES. No person shall enter, remain, stay or loiter in any municipal park or recreational facility between the hours of 11:00 p.m. of one day and 5:00 a.m. of the next day. SECTION 2. The Department of Parks and Recreation shall post lighted signs giving notice of the requirements of this Ordinance at major entrances of all municipal parks and recreational facilities. Failure to see or understand any such sign shall not constitute a defense to any person charged with violating this Ordinance. SECTION 3. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this 1st day of December • 1986. MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2333 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 17th day of November 1986. That thereafter , said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1st day of DecPm- r , 1986, by the following vote, to wit : AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ , LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE / , / � / "ADOLPH SOLIS, CITY CLERK -2-