CITY OF BULLHEAD CITY

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1 CITY OF BULLHEAD CITY COUNCIL COMMUNICATION WORKSHOP DATE: February 2, 2016 SUBJECT: DEPT OF ORIGIN: Alcohol Use in City Parks/Special Events City Manager DATE SUBMITTED: January 25,2016 SUMMARY: SUBMITTED BY: Toby Cotter, City Manager The City Council will hold a workshop to discuss alcohol use within city parks. Currently, it is "unlawful for any person to consume or have in his possession any spirituous liquor in a public park under the jurisdiction of the city." This ordinance was adopted by the city in 1987, but the City never implemented most of the special subsection allowances. The City Council does approve special event liquor licenses issued through the Arizona Department of Liquor Licenses and Control, for nonprofits to sell beer at special events, such as the Burro BBQ and Family Fun Fest. The current policy does not take into account boaters who may arrive in a city park via the river and unaware of the alcohol ban. In addition, large scale special events such as the River Regatta and sporting events have been created since There are many individuals who desire to drink a beer during softball tournaments or consume alcohol during family reunions, veteran events, large gatherings, etc. The Council will discuss the issue in general, including the following: 1. Special permits for groups; 2. Designation of certain areas of the park where alcohol is allowed; 3. Allowing beer/wine and banning all hard alcohol in city parks; and 4. Allowing city administrative regulation when use involves a city special event. Parks and Recreation Commission members will be invited to the workshop to give their input and suggestions to the City Council. Attached is a memo containing information staff has researched concerning alcohol regulations of a number of communities in Arizona, as well as Clark County, Denver, Colorado, and Madison, Wisconsin. From a cursory review it appears that most communities have some level of prohibition unless a permit is obtained. FISCAL IMP ACT: Initial Project Costs: None. Future Ongoing Costs: None. Physical Impact (on people/space): None. Residual or Support/Overhead/Fringe Costs: None. REVIEWED BY:~~ Finance Department ATTACHMENTS: 1. Memorandum Dated December 15, 2015 to Toby Cotter. 2. Copies of the regulations from the communities researched. 3. News article concerning alcohol use on Colorado River rafting trips. LEGAL REVIEW: APPROVEDASTOFO

2 CITY OF BULLHEAD CITY COUNCIL COMMUNICATION WORKSHOP DATE: February 2, 2016 SUBJECT: DEPT OF ORIGIN: Alcohol Use in City Parks/Special Events City Manager DATE SUBMITTED: January 25,2016 SUBMITTED BY: RECOMMENDATION: Toby Cotter, City Manager Discussion concerning alcohol use in city parks/special events and direction to staff concerning potential code amendments. APPROVED FOR SUBMITTAL BY: CITY CLERK'S USE ONLY COUNCIL ACTION TAKEN Resolution No. Ordinance No. Approved Other Continued To: Referred To: Denied FileNo.

3 CITY OF BULLHEAD CITY Interoffice Memorandum DATE: TO: FROM: SUBJECT: DECEMBER 10, 2015 TOBY COTTER, CITY MANAGER JANICE D. PAUL, ADMINISTRATIVE ANALYST ~Q_ ALCOHOL IN PARKS Per your request I have researched several municipal codes from Arizona cities and towns regarding the use of alcohol in their park and public facilities. Most prohibit alcohol of any kind in their facilities unless some type of permit has been obtained. The terms "alcohol" and "spirituous liquor" appear to be interchangeable. Some cities have made a distinction between "malted (beer)'' and "spirituous" alcohol. As a side note, all of the communities prohibit glass containers in their park and public facilities. Below is a summary of the information collected. additional information. Please let me know if you need any Apache Junction Defines spirituous liquor. Allows gatherings of less than 7 adults to consume malted (beer) beverages in parks, more than 7 or adults wishing to consume malted and/or spirituous liquor must obtain a 1

4 Glendale No definitions. Prohibit alcoholic beverages in Murphy Park and a beer permit or liquor license cannot be obtained for this park. In their other parks, alcoholic beverages in their park and public facilities are prohibited, unless a permit has been obtained. 2

5 Bullhead City, AZ Code of Ordinances Pagel of Spiritous liquor. A. It is unlawful for any person to consume or have in his possession any spiritous liquor in a public park under the jurisdiction of the city. B. Subsection A does not apply to persons who have a permit from the city authorizing them to possess or consume spiritous liquor in public parks or who are members of a group or organization which has obtained such a permit. 1. The city council shall by resolution designate the cost of the permit. 2. The city council may enter into an agreement with a nonprofit organization to sell permits for the city for specific parks, and the council may designate all proceeds from such sale of permits to be used by the organization for the maintenance of the public parks. 3. The city council may by resolution designate: a. Areas of city parks where no person may have spiritous liquor at any time or at certain times; b. Areas of city parks where subsection A of this section shall not apply at any time or at certain times. (Ord (part); Ord (part): prior code (b), (c)) Glass containers. A. It is unlawful for any person to have a glass beverage container in his possession in any public park under the jurisdiction of the city. B. It is unlawful for any person to throw, toss or otherwise propel or either wilfully and maliciously or carelessly and negligently break any glass object in a public park under the jurisdiction of the city. (Ord (part); Ord (part): prior code 5-6-2)

6 11/16/2015 CHAPTER 15: PUBLIC PARK REGULATIONS I Print I Apache Junction, AZ Code of Ordinances Article c =IAPTER 15: PUBLIC PAR.K t<egulations PARKREGULATIONS ARTICLE 15-1: PARK REGULATIONS Section Definitions Park operations Prohibited activities Enforcement and penalty DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CAMP. (1) To use real property controlled or owned by the city for living accommodation purposes such as: (a) Sleeping; (b) Making preparations to sleep, including the laying down of bedding for the purpose of sleeping; (c) Storing personal belongings; (d) Making any fire; (e) Using any tents or shelter or other structure or vehicle for sleeping; (f) Doing any digging or earth breaking; (g) Using items associated with camping; (h) Regularly cooking or preparing meals; or (i) Living in a parked vehicle.

7 - 11/16/20"i5 CHAPTER 15: PUBLIC PARK REGULATIONS (2) The above listed activities constitute camping when it reasonably appears, in light of all circumstances, that the participants, in conducting these activities, are in fact using the area for living accommodations regardless of the intent of the participants or the nature of any other activities in which they may also be engaged. CITY. The City of Apache Junction. DIRECTOR. The Director of the Parks and Recreation Department for the City of Apache Junction, or his or her designee. PARK. Includes all city parks, trails, swimming pools, buildings, playgrounds, skate park and/or any other public property under management and control of the Parks and Recreation Department, owned or leased by the city for the public benefit including but not limited to leased Bureau of Land Management property. SPIRITUOUS LIQUOR. Includes alcohol, brandy, whisky, rum, tequila, mescal, gin, wine, porter, ale, beer, malt liquor, malt beverage or absinthe, or compound or mixture of any of them or of any with vegetables or other substances, alcohol bitters, bitters containing alcohol, and any liquid mixture or preparation, whether patented or otherwise, fruits preserved in ardent spirits, and beverages containing more than Y2 of 1% of alcohol by volume, which produces intoxication or any increase in a person's blood alcohol level. (Prior Code, ) PARK OPERATIONS. (A) Hours. (1) Except for unusual and unforeseen emergencies, parks shall be open to the public during posted hours, as determined by the Director. (2) It shall be unlawful for a person to remain in a park or to enter a park except during the posted hours unless a permit is obtained pursuant to division (C) below. (B) Closed areas. ( 1) Any section or part of any park may be declared closed to the public by the Director at any time and for any interval of time, either temporarily or at regular and stated intervals and either entirely or for specific uses, as the Director shall fmd reasonably necessary. (2) No person shall enter any closed areas of a park if the entry is prohibited, nor shall any person utilize any portion of a park if that utilization is prohibited. (C) Permits and scheduling. (1) Park activities sponsored or co-sponsored by the city shall have first priority over any other use. (2) Any person or group of persons may use any park for any recreational purposes not otherwise prohibited within this chapter. (3) A written permit shall be obtained from the Director whenever any person or group desires to reserve any portion of a park for any activity. Reservations shall be made in accordance with reservation and facility use guidelines as established by the Director.

8 11/16/20'i'5 CHAPTER 15: PUBLIC PARK REGULATIONS ( 4) Any person or group aggrieved by the denial of a permit shall have the right to appeal the decision of the Director to the City Manager or his or her designee. Any appeal to the City Manager shall be served with the City Clerk's office within 5 working days if a notice of disapproval is received from the Director. The City Manager or his or her designee shall act upon the appeal within 5 working days following receipt thereof. The City Manager's decision is final and binding on both parties. ( 5) A park use permit may be revoked by the Director upon determining that the park is being used contrary to: any representation made by the applicant; any conditions of the permit; or any city ordinances or state law. ( 6) Continuous use of facilities shall be limited to city-sponsored or co-sponsored activities or affiliate groups as approved by the Director. Continuous use shall be interpreted to be any regularly scheduled or reoccurring activity. (7) Facility use fees will be established by the director as set forth in Chapter 4 of the city code and may be amended on an as needed basis. (D) Insurance and indemnification; hold harmless. (1) Any person or group reserving a park shall indemnify and hold harmless the city and its employees and agents for any and all damages to the facility caused by any person or persons attending the activity, and all liability and damages to any person for injuries, including death or serious bodily harm. (2) Adequate insurance as determined by the Director shall be provided naming the city and its agents and employees as "additional insured parties." (3) Responsibility for loss, breakage or need for repair of any piece of furniture, equipment or portion of the facility or areas shall be upon the individual signing the permit application. (Prior Code, ) Penalty, see Vol. I, PROIDBITED ACTIVITIES. (A) Amplified sound or music. A permit from the Director is required for amplified sound or music in city parks and public recreation areas. Music with language designed to incite violence is prohibited. Nothing in this division prohibits First Amendment expression or speech. (B) Animals. Except with respect to horses as provided in division (N) below, no person shall bring or allow to enter into a park, any animal owned or under control of such person, unless restrained at all times (except when participating in an organized program authorized by the city) on reasonably adequate leashes not greater than 10 feet in length. The person in control of any such animal shall take reasonable steps to ensure the animal does not leave waste in city parks. Animals are not allowed in areas of the park where posted as prohibited (except when participating in an organized program authorized by the city). Wild or exotic animals or reptiles are not allowed to be brought into any park without the written permission of the Director. (C) Bathing and swimming. No person shall swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided in such parks, and in compliance with the regulations as are adopted by the Director. No person shall frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate therein When the ::Jcfivitv i~ nrnhlhltprl hu thp n1rpr-tarnnan <> -fina~nn- +hn+ cm~h,.n~ ~-1'<-t.- - -'--

9 . 11/16/2015 CHAPTER 15: PUBUC PARK REGUlATIONS would be dangerous to the health, safety and welfare of the public. (D) Camping. Overnight camping is prohibited in parks, except in areas specifically designed for this purpose, or with the express written permission of the director. Campers, trailers or motor homes shall not connect to any electrical supply, water supply or waste service without the written permission of the Director. (E) Climbing. No person shall climb on any fence, tree or other structure other than playground equipment designed for that purpose. (F) Commercial activity. No person shall advertise, solicit goods or services or engage in any activity for commercial gain within a park without prior authorization from the Director. (G) Compliance with laws. All persons shall comply with all federal, state, county and city laws, rules and regulations when visiting city parks. (H) Compressed gas cylinders. No person shall bring into any park a compressed gas cylinder (such as helium to fill balloons) without obtaining prior written permission from the Director. Propane containers used in connection with barbeque equipment are exempt from this prohibition. (I) Damaging facilities. No person shall graffiti, vandalize, damage or remove any park property such as tables, benches, ramadas, lighting, steps, ramps, railings, fencing, barbeque grills, playground equipment, drinking fountains, plants, court surfacing, curbs or paving, or other structures of any kind. This shall include but not be limited to inappropriate uses such as applying adhesive stickers to any park property equipment, signs or any other surfaces; standing on table tops; swinging from ramada roof beams; skateboarding or bicycling on any railing, bench, table, wall, step or other structure; wastefully or improperly using the restroom or water facilities, or cause the lighting facilities or electrical appliances to be turned on or used without the written permission of the Director. (J) Dangerous acts. No person shall commit any act in a park so as to endanger the health, safety and welfare of themselves, other park users, pets or wildlife. (K) Food, gum, drinks and personal props. No person shall bring food, gum, drinks or personal props such as traffic cones, skateboard stacking, makeshift jumps, obstacles or ramps into the skate park. (L) Glass containers. It is unlawful for any person to possess a glass container in any park. No person shall throw, toss or otherwise propel, or break any glass object in any park or any street or alley adjacent to such park. (M) Golfing. No person in a park shall use any portion of the park for golfing purposes, or make use of any golf club or ball in any park, except at places designated for golfmg by the Director. (N) Horses. No person shall bring a horse or other equine into a park, or ride one in any location in a park, except on designated bridle trails. Where permitted, horses or other equine shall be ridden with reasonable due care and shall not be allowed to graze or go unattended. (0) Interference with park activities. No person shall interfere or disrupt an allowable activity within a park except when specifically authorized by the director. (P) Malted beverages. It is unlawful for any group of 7 or more adults to consume beer in a park without having first obtained a permit issued by the director. Consumption of beer is only allowed in areas designated for such use by the Director. Consumption of beer is prohibited in any city park located on land owned or leased by the Apache Junction Unified School District or other public

10 . 11/16/2015 CHAPTER 15: PUBLIC PARK REGULATIONS agency or private entity. (Q) Model toys. No person in a park shall bring into or use any remote controlled or self propelled model toy, including but not limited to model airplanes, model rockets, model boats, model cars or other models, except in the areas designated by the Director. (R) Motorized vehicles. No person shall bring into or operate in a park any motor vehicle of any type, including but not limited to, any automobiles, motorcycles, motor bikes, motorized skateboards or 3-wheeled scooters, except in those areas or on roads or paths designated for such vehicular use by the Director. Inoperable motorized vehicles must be removed from the park within a 24-hour time period or the vehicles will be towed away at the owner's expense to a storage facility where it will be stored at the owner's expense. No portion of a park is to be used as a place to repair vehicles. (S) Non-motorized vehicles. No person in a park shall operate or ride a skateboard, roller skates, a bicycle, scooter or tricycle-type three wheeled scooter (also known as a "Trikke") on grass, landscaped areas, ramada areas, basketball, tennis and racquetball courts or on structures and fixtures, including tables, benches, playground equipment, railings, steps, ramps, buildings or where such activity is specifically posted as prohibited, or in such a manner which creates a serious safety risk to themselves or to other park users. (T) Projectile devices. No person shall use any portion of a city park for archery, firearm practice or other projectile activities. (U) Public nudity/indecency. No person shall engage in sexual intercourse or expose or display their genitals or private parts in a public park. Nothing in this division prohibits protected First Amendment expression. (V) Public profanity. No person may use language designed to incite violence. Nothing in this division prohibits protected First Amendment expression and speech. (W) Refuse and trash. No person shall bring into or dump, deposit or leave any bottles, balloons, broken glass, ashes, paper, boxes, paper, paper mache, confetti, candy wrappers, dirt, rubbish, waste, garbage or refuse or other trash, within any city park. Refuse or trash may not be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the trash receptacles; where receptacles are not provided, all rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. No person shall bring refuse or trash into or upon park premises except refuse or trash generated at the park while using the park. In no circumstances may a person dump or leave in the park furniture, appliances, construction debris, bio-hazard waste or chemical waste. (X) Spirituous liquors. It is unlawful for any person to consume spirituous liquors in a municipal park. Beer is permitted only under the conditions set forth in division (P) above, set forth above. (Y) Tobacco and illegal substances. The use of tobacco in any facility and in any form shall be carefully controlled to comply with all municipal, state and federal laws. Tobacco use is prohibited in all city parks located on land owned by the Apache Junction Unified School District. The use of illegal substances is prohibited in all city parks. (Z) Unauthorized water usage. No person shall use any water source at any city park for swimming or bathing, animal swimming or bathing, washing clothes or cleaning fish, except at places designated for those activities. (AA) Use of restroom facilities. No person shall urinate or defecate in a park except within a

11 '11/16/2015 CHAPTER 15: PUBLIC PARK REGULATIONS toilet or urinal provided inside a restroom facility. (Prior Code, ) Penalty, see Vol. I, ENFORCEMENT AND PENALTY. (A) Enforcement. The Director, park rangers and police officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. Requests from park rangers must be strictly adhered to in the interest of public safety. Park rangers have authority to issue citations to any park user in violation of any provision of this chapter. (B) Ejection for violations. The Director, park rangers and police officers have the authority to eject any person from any park for violating any provision of this chapter. Following ejection, it is unlawful for any person to enter or reenter any park during the ejection period. (C) Confiscation of property. The Director, park rangers and police officers have the authority to seize and confiscate any property, thing or device in the park, used contrary to the provisions of this chapter, including but not limited to glass bottles, cigarettes, skateboards, bicycles, skates, motorized skateboards, weapons of any type and model toys. (D) Interference with official duties. It is unlawful for any person to interfere with the official duties of a park ranger. (E) Penalty. A person convicted of a violation of any provision of this chapter shall be guilty of a class one misdemeanor and shall be punished as authorized under Vol. I, 1-1-ll(A). (Prior Code, )

12 11/16/2015 Buckeye, AZ Code of Ordinances Article SPIRITUOUS LIQUOR AND BEER IN COMMUNITY SERVICES FACILITIES AND PUBLIC PARKS Sections: Section Spirituous Liquor and Beer in Community Services Facilities and Public Parks It is unlawful for any person to consume or have in his or her possession any spirituous liquor or beer in any community services facility or public park unless such approval has been granted by city council as part of a special event that has undergone the application process. (Ord. No , 1, )

13 11!1~.:.J15 Chapter 9.08 OFFENSES AGAINST PUBLIC PEACE AND DECENCY I Print I Casa Grande City Code Sections: Chapter 9.08 OFFENSES AGAINST PUBLIC PEACE AND DECENCY Unruly gatherings Drinking malt beverages in public prohibited Prostitution unlawful Unruly gatherings. A. Definitions. For the purposes of this section, unless the context otherwise requires, the following terms or phrases are defined as: 1. "Owner" means any owner, as well as any agent of an owner acting on behalf of the owner to control or otherwise regulate the occupancy or use of the property. 2. "Premises" means the property that is the site of an unruly gathering. For residential properties, "premises" means the dwelling unit or units where the unruly gathering occurs. 3. "Unruly gathering" means a gathering of five (5) or more persons on any private property, including property used to conduct business, in a manner which causes a disturbance of the quiet enjoyment of private or public property by any person or persons. Such disturbances include, but are not limited to, excessive noise or traffic, obstruction of public streets by crowds or vehicles, drinking in public, the service of alcohol to minors or consumption of alcohol by minors, fighting, disturbing the peace, and littering. B. Abatement of unruly gathering. A peace officer may abate an unruly gathering by reasonable means including, but not limited to, citation or arrest of violators under applicable ordinances or state statutes, and dispersal of the persons attending the gathering. C. Notice of unruly gathering; posting; removal of notice prohibited; right to contest posting. 1. Contents of notice. The premises at which the unruly gathering occurs shall be posted with a notice stating: a. That an unruly gathering has occurred at the premises; b. The date of the unruly gathering; c. That any subsequent unruly gathering on the same premises within a one hundred and eighty (180) day period shall result in liability for the penalties provided in this section. Parties liable include any persons in attendance causing the gathering to be unruly, or any owner, occupant or tenant of the premises at which the unruly gathering occurred, or any sponsor of the event r.on~titntina thp nnrnlu cr.::tfhpr1ncr anrl

14 1111t1t2o1s Chapter 9.08 OFFENSES AGAINST PUBLIC PEACE AND DECENCY d. The right to contest the posting as provided in Subsection C.4. of this section. 2. Posting requirements. a. Premises shall be posted with a notice as provided in this section each time an unruly gathering occurs. The owner, occupant or tenant of the premises, or sponsor of the event constituting the unruly gathering, if present, shall be consulted as to the location in which such notice is posted, in order to achieve both the security of the notice and its prominent display. b. In the event that a premises is already posted at the time of a subsequent posting, the one hundred and eighty (180) day period from the date of the existing posting shall be extended to one hundred and eighty (180) days from the date of the subsequent posting. Once a premises is initially posted as a result of an unruly gathering and the conduct causing the gathering to be unruly has ceased, a resumption of unruly behavior on the premises resulting in another police response shall constitute a new and separate unruly gathering for purposes of this section. 3. Removal of notice prohibited. The owner, occupant, or tenant of the posted premises shall be responsible for ensuring that the notice is not removed, defaced, or concealed. The removal, defacement, or concealment of a posted notice is a civil infraction carrying a penalty of a minimum, mandatory one hundred dollar ($100) fine, in addition to any other penalties which may be imposed under this section. 4. Right to contest posting. a. An owner, occupant, or tenant of the posted premises may contest the posting of the notice by filing a written petition for review with the civil infractions division of the city court, requesting that the court determine whether justification existed for posting of the notice under the provisions of this section. The petition must be filed within ten (10) days after the posting of the notice or, if the notice is given by mail, within fifteen (15) days after the date ofthe mailing of the notice, and not thereafter. The court shall set a time and date for a hearing to be held no later than fifteen (15) days after receipt of the written petition, and shall notify both the petitioner and the criminal division of the city attorney's office of the hearing date. In order to avoid the possibility of conflicting rulings, if more than one (1) petition is filed under this subsection relating to a single posting, for example by multiple lawful occupants of the posted premises, the court shall set only one (1) hearing and shall consolidate the petitions and notify all petitioners of the hearing date and time. At the hearing, the city has the burden of proving by a preponderance of evidence that the posting of the notice was justified pursuant to the provisions ofthis section. b. An owner of a posted premises, at any time after the posting or the mailing of the notice, may petition the court for an order directing the removal of the notice on the grounds that the owner has taken reasonable and necessary actions, such as evicting a tenant responsible for the violation, to prevent the occurrence of a subsequent unruly gathering at the posted location. The court shall set a time and date for a hearing to be held no later than fifteen (15) days after receipt of the petition, and shall notify both the petitioner and the criminal division of the city attorney's office of the hearing date. At the hearing, the petitioner has the burden of proving by a preponderance of evidence that the petitioner has taken reasonable and necessary actions to prevent the occurrence of a subsequent unruly gathering. This petition process is not available to an owner who was present at the unruly gathering and engaged in conduct causing the gathering to be unruly. D. Notification of property owner. 1. Notification of the posting of the notice of unruly gathering shall be mailed to any property owner at the address shown on the Pinal County Property Tax Assessment Records. The notification

15 11/1o/2015 Chapter 9.08 OFFENSES AGAINST PUBLIC PEACE AND DECENCY shall advise the property owner that any subsequent unruly gathering within one hundred and eighty (180) days on the same premises shall result in liability of the property owner for all applicable penalties as provided in this section. Notification shall be made by certified mail. The return receipt shall be prima facie evidence of service. 2. Additionally, notice shall be provided to an agent of the owner who controls or regulates the use of the premises, if known. Notice to the owner's agent may be provided by hand delivery or by certified or regular mail sent to the agent's last known address. 3. The failure to serve notice to any person described in this subsection shall not invalidate any citation or other proceedings as to any other person duly served, or relieve any such person from any duty imposed by this section. E. Unruly gathering a civil infraction; parties responsible. An unruly gathering is unlawful and constitutes a civil infraction. The following parties, if found responsible for such an infraction, are liable for the penalties provided in Subsection G.l.: 1. The person or persons who organized or sponsored the event constituting the unruly gathering, including any owner or occupant in attendance at the unruly gathering. 2. Any person in attendance at the unruly gathering who engaged in any conduct causing the gathering to be unruly. F. Subsequent unruly gathering a civil infraction; parties responsible. The occurrence of an unruly gathering on the same premises more than once in any one hundred and eighty (180) day period is a civil infraction. The following parties, if found responsible for such an infraction, are liable for the penalties provided in Subsection G.2.: 1. The owner of the property where the subsequent unruly gathering occurred, if either: a. The owner was present when the property was posted, or b. Notification of posting was mailed or delivered to the owner of the property per Subsection D, and the subsequent unruly gathering occurred not less than two (2) weeks after the mailing of such notification. 2. The occupant or tenant of the property where the subsequent unruly gathering occurred. 3. The person or persons who organized or sponsored the event constituting the subsequent unruly gathering. 4. Any person in attendance at the subsequent unruly gathering who engaged in any conduct causing the gathering to be unruly. Nothing in this section shall be construed to impose liability on the owner, occupant, or tenant of the premises or sponsor of the event constituting the unruly gathering, for the conduct of persons who are in attendance without the express or implied consent of the owner, occupant, tenant, or sponsor, as long as the owner, occupant, tenant or sponsor has taken steps reasonably necessary to prevent a subsequent unruly gathering or to exclude the uninvited persons from the premises, including owners who are actively attempting to evict a tenant from the premises. Where an invited person engages in unlawful conduct which the owner, occupant, tenant or sponsor could not reasonably foresee and could not reasonably control without the intervention of the police, the unlawful conduct of the person shall not be attributable to the owner, occupant, tenant or sponsor for the purposes of determining liability under this section.

16 11/16( '015 G. Penalties. Chapter 9.08 OFFENSES AGAINST PUBLIC PEACE AND DECENCY 1. Unruly gathering. The penalty for a party found responsible for an unruly gathering, as provided in Subsection E, shall be a minimum mandatory fine of one hundred dollars ($1 00). 2. Subsequent unruly gathering. The penalty for a party found responsible for the occurrence of a subsequent unruly gathering, as provided in Subsection F., shall be a minimum mandatory fine of five hundred dollars ($500) for a first violation, a minimum mandatory fine of one thousand dollars ($1,000) for a second violation, and minimum mandatory fines of one thousand five hundred dollars ($1,500) for each third or subsequent violation. 3. Abatement. The civil fines provided herein shall be in addition to any other penalties imposed by law for particular violations of law committed during the course of an unruly gathering. The court shall also enter an order of abatement against a party found responsible for a violation of this section pursuant to Title 8 of the City of Cas a Grande Municipal Code. H. Enforcement. The police department is authorized to enforce the provisions of this section, provided that enforcement is initiated by a complaint from a member of the public. The complaining member of the public shall not necessarily be required to appear in court before a violator may be found responsible. (Ord , 2009) Drinking malt beverages in public prohibited. A. It is unlawful for any person to consume or have in his possession any malt beverage or broken package of such malt beverage in any public park or recreational area located within the area enclosed by a radius of one thousand feet of the Cas a Grande Union High School, except on Saturdays, Sundays and those holidays enumerated in A.R.S as amended. B. Violation of the provisions of subsection A of this section shall constitute a misdemeanor to be punishable by a fine of not more than three hundred dollars or by imprisonment in the county jail for not more than six months, or both. (Prior code ) Prostitution unlawful. A. Definitions. As used in this section: 1. "Prostitution" means engaging in or agreeing or offering to engage in sexual conduct with another person under a fee arrangement with that person or any other person. 2. "Sexual conduct" means sexual contact, sexual intercourse, oral sexual contact or sadomasochistic abuse. 3. "Sexual contact" means any direct or indirect fondling or manipulating of any part of the genitals, anus or female breast. 4. "Sexual intercourse" means penetration into the penis, vulva, or anus by any part of the body or by any object.

17 11/16/2015 ' Chapter 9.08 OFFENSES AGAINST PUBLIC PEACE AND DECENCY 5. "Oral sexual contact" means oral contact with the penis, vulva or anus. 6. "Sadomasochistic abuse" means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. B. Prostitution prohibited. Prostitution shall constitute a Class I misdemeanor, punishable by a fine not to exceed two thousand five hundred dollars, imprisonment not to exceed six months, or both. (Ord (part), 2 (part), 1990)

18 11/16/2015 Chandler, AZ. Code of Ordinances Alcoholic beverages in parks or facilities. No person within a park, municipal pool/aquatic facility or facility, including the parking areas within a park, shall consume or have in his/her possession or custody an open container of spirituous liquor except under the conditions set forth below: A. The Director is empowered to issue an alcoholic beverage permit to an individual of legal age according to Arizona State Law authorizing the consumption and possession of spirituous liquor in a park, facility or open space when the granting of such permit will not interfere with the use of the park, facility or open space. Denial of a permit is required if the intent is to use the permit as part of attendance at an event in a park or the facility that has been deemed an alcoholic free event by the organizers, or the event has an approved "beer garden" as part of the event. requirements for a permit are: 1. Alcoholic beverage permits are to be issued for one (1) day at one (1) location. 2.. Alcoholic beverage permits shall be issued one (1) per person at a time. 3_. Requests for consecutive dates will require the applicant to obtain a special use permit or a special event permit depending on the scope and nature of the activities occurring in conjunction with the issuance of the alcoholic beverage permit. ~- An athletic team may apply for a alcoholic beverage permit for use in conjunction with an athletic game. The team roster shall be provided which shall include the names and ages of all ball players on the team, and such roster shall be submitted with the permit. B. Request for use of spirituous liquor at Tumbleweed Recreation Center and the Community Center requires the applicant to obtain a Tumbleweed Recreation Center and Community Center alcoholic beverage permit. C. A person who has obtained an alcoholic beverage permit pursuant to this section shall display the permit upon request. The permit holder and all persons covered by the permit shall abide by the stipulations set forth in the permit and shall comply with the requirements of this chapter and all other local, state and federal laws relating to spirituous liquor. The permit may be revoked by the Director for failure to abide by the conditions of the permit; failure to abide by the requirements of this section; violation of any local, federal or state law; or if the Director determines the permitted use constitutes a threat to the health and safety of the public. (Ord. No. 4300, 1, )

19 11/17/ POLICIES REGARDING USE OF MUNICIPAL PARKS SECTIONS: PURPOSE: CHAPTER 8-11 POLICIES REGARDING USE OF MUNICIPAL PARKS AUTHORITY: ENFORCEMENT: DEFINITIONS: USE BY THE GENERAL PUBLIC/HOURS OF USE: SPECIAL EVENTS AND ALCOHOL BEVERAGE PERMITS: DOMESTICATED ANIMALS AND WILDLIFE: ACTIVITIES REQUIRING PERMIT: PROHIBITED ACTIVITIES: OTHER: PURPOSE: The purpose of this Chapter is to establish regulations to provide for the safe and peaceful use of City park property by the public, for the recreational benefit and enjoyment of the public, and for the protection and preservation of the property, facilities, and natural resources of the City. (Ord. 1786, 01/05/93) (Ord. No. 1786, Enacted, 01/05/93; Ord , Amended, 12/07/2010) AUTHORITY: The City Council authorizes the City Manager to promulgate special rules and administrative policies necessary and appropriate to administer these regulations, and to enforce the same. Such policies shall be in writing and made available to the public during normal business hours in the office of the City Parks Section and Recreation Section. (Ord. 1891, 09/19/95) (Ord. No. 1786, Enacted, 01/05/93; Ord. No. 1891, Amended, 09/19/95; Ord , Amended, 12/07/201 0) ENFORCEMENT: Violation of , , or is a class one misdemeanor. Enforcement shall be the responsibility of the City Manager, or his or her designee, and shall include the Parks Section and Recreation Section, Police Department, or other appropriate City employees. (Ord. 1891, 09/19/95) (Ord. No. 1786, Enacted, 01/05/93; Ord. No. 1891, Amended, 09/19/95; Ord , Amended, 12/07/201 0) DEFINITIONS: A. "Park Property" means any land, its landscaping and vegetation, buildings, fixtures, monuments, or structures located thereon, devoted to park or recreational uses and owned, operated, or established by the City Council. B. "Recreation Superintendant" means the person immediately in charge of the Recreation Section,

20 11/17/ POLICIES REGARDING USE OF MUNICIPAL PARKS and to whom all Recreation Section employees are responsible. (Ord. 1891, 09/19/95) (Ord. No. 1786, Enacted, 01/05/93; Ord. No. 1891, Amended, 09/19/95; Ord , Amended, 12/07/2010) USE BY THE GENERAL PUBLIC/HOURS OF USE: A. Park property and recreation programs are open to use by all members of the public regardless of race, sex, national origin, color or physical disabilities. B. Permitted hours of use shall be between 5:00a.m. and 10:00 p.m., Sunday through Thursday, and 5:00a.m. and 12:00 midnight, Friday and Saturday, unless such person has acquired the appropriate permit from the City Parks Section and Recreation Section. C. In park property with functioning sports lighting, the hours of use shall be extended to 12:00 midnight, Sunday through Thursday, for conducting sporting events, and other events approved by permit. D. Hours of use shall not apply to the use of public sidewalks, or public streets located within any park property, which are being used as a transportation corridor. E. No person shall enter park property which has been closed to use, and is so posted by the City of Flagstaff. F. City employees and law enforcement officers acting within their authority shall be exempt from the provisions of this Section. (Ord. 1891, 09/19/95) (Ord. No. 1786, Enacted, 01/05/93; Ord. No. 1891, Amended, 09/19/95; Ord , Amended, 12/07/201 0) SPECIAL EVENTS AND ALCOHOL BEVERAGE PERMITS: A. A permit shall be obtained from the City's Recreation Section whenever any person or group desires to reserve any portion of park property to: 1. Conduct a special event, as defined in Chapter 8-12, Special Events; 2. Conduct a special event, as defined in Chapter 8-12, Special Events, at which alcohol is served or consumed. B. Any person or group that desires to consume beer or wine in Ponderosa or Bushmaster Park shall obtain an alcohol beverage permit from the Recreation Section, the Parks Section or the Police Department which will be valid for a specific date and location only. The permit will be valid for one day and for normal park hours only. Alcohol beverage permits shall only be issued to persons 21 years old or older. No fee shall be charged for an alcohol beverage permit. No more than one alcohol beverage permit shall be issued to any individual during each day. C. Section of this Chapter shall not apply during, or within areas designated for, special events and permitted by issuance of a permit pursuant to Chapter 8-12, Special Events. D. Permits issued pursuant to this section must remain on site during the permitted activity and shown upon request.

21 11/17/ POLICIES REGARDING USE OF MUNICIPAL PARKS E. Persons attending an event at which beer or wine is possessed or served, or persons possessing or consuming beer and wine pursuant to an alcohol beverage permit, are subject to all federal, state and city statutes, ordinances, rules and regulations. Violators shall be subject to ejection from park property and/or prosecution. F. It is unlawful for any permittee to knowingly fail to comply with any term or condition of the alcohol beverage permit. (Ord.1891, 09/19/95) (Ord. No. 1786, Enacted, 01/05/93; Ord. No. 1891, Amended, 09/19/95; Ord , Amended, 12/07/2010) DOMESTICATED ANIMALS AND WILDLIFE: A. With the exception of dogs and cats, no domesticated animal or wildlife shall be brought onto park property unless authorized by permit. B. No person shall bring domestic animals or wildlife upon park property unless on a leash, and is at all times entirely within the control of the person bringing it upon park property. C. Domestic animals are not permitted at any time in certain posted areas of park property. D. Persons bringing domestic animals or wildlife upon park property are responsible for immediate cleanup and removal of the animal's defecation. It shall be unlawful for any person to cause or permit domestic animals or wildlife to be on park property unless such person has in his immediate possession an appropriate depository for the transmission of excrement to a waste receptacle. This provision shall not apply to a person who is physically disabled. E. No person shall catch, injure, destroy, or interfere in any way with any wildlife on park property. (Ord. 1786, 01/05/93) (Ord. No. 1786, Enacted, 01/05/93) (Ord. 2004, Amended, 10/05/1999; Ord , Amended, 12/07/2010) ACTIVITIES REQUIRING PERMIT: In addition to those events requiring a special event permit, set forth in Chapter 8-12, Special Events, the following activities shall not be conducted on park property unless authorized by permit: A. Playing an audio device, use a public address device, or any device to amplify music. B. Operation of a motor vehicle of any type, including, but not limited to, automobiles, motorcycles, motorbikes, or snowmobiles except on roads or parking areas designated for that purpose. C. Leaving personal property unattended for more than four hours. D. Discharging any bow, crossbow or other similar device which is calculated to propel or project an arrow or dart. E. Flying or launching powered model airplanes or rockets. F. Cutting or sawing any live or dead trees or their parts with any type of equipment, power or otherwise, or remove any live or dead trees.

22 11/17/ POLICIES REGARDING USE OF MUNICIPAL PARKS G. No signs, notices, decorations, or objects of any kind shall be attached to, located on or painted on any part of park property. H. Conducting or soliciting of any business, trade or occupation. I. Enclosure of any area or erection of any structures. J. Planting of vegetation or causing vegetation to be planted. K. Digging into the surface of park property. L. Horseback riding. Law enforcement officers acting within their authority shall be exempt. M. Roller skating, skateboards, and bicycling in areas so posted. N. Use of any portion of a park for golfing purposes, or make use of any golf clubs, or golf balls. 0. Possession or consumption of beer and wine in Ponderosa or Bushmaster Park except as described in Subsection (Ord. 1786, 01/05/93) (Ord. No. 1786, Enacted, 01/05/93; Ord , Amended, 12/07/2010) PROHIBITED ACTIVITIES: The following activities shall be prohibited on park property: A. Servicing any automobile, including washing, waxing, repairing, or performing other work, except in case of an emergency. B. Defacing, destroying or injuring in any way, misusing, or removing any park property. C. Interfering with any City employee acting in the course of his or her official duties. D. Possessing and discharging any fireworks or explosives on park property. E. Depositing, leaving, or spilling refuse or other substances other than in receptacles provided for this purpose. F. Depositing refuse from private premises in park property trash receptacles. G. Possessing a glass beverage container in any park, trail, or facility, nor shall any person purposely throw, toss, or otherwise propel, or break any glass object on park property, parking area, or access road leading to park property. H. Urinating or defecating other than in the facilities provided. I. Congregating or assembling in or about any restroom or entry ways of buildings in such a manner as to hinder or obstruct the proper use thereof. J. Violating any regulation posted for the operation of an individual recreation center or facility. K. Utilizing a playing field which is wet or otherwise unsuitable for play and which may cause damage to the field.

23 11/17/ POLICIES REGARDING USE OF MUNICIPAL PARKS L. Camping or overnight parking. M. Fires are permitted for the purpose of cooking only in picnic areas, and are restricted to grills constructed for this purpose, and privately owned grills or stoves. Wood fires on park property are prohibited for any purpose. N. Trapping, except when necessary by the Arizona Game and Fish Department or other law enforcement authority. 0. Consuming spirituous liquor as defined by State law. This paragraph shall not apply to a person consuming beer from a broken package on park property, except as otherwise posted. (Ord. 1891, 09/19/95). P. The outdoor use of any sound amplification device between the hours of 1:00 a.m. and 12:00 p.m. on Sundays. Q. Discharging any firearm or projectile weapon or explosive of any kind, including, but not limited to, 88 guns, pellet guns, air guns, paint ball guns, slingshots or other devices capable of causing injury to person or animals or damage or destruction to property. (Ord. No.1786, Enacted, 01/05/93; Ord. No.1891,Amended, 09/19/95) (Ord , Amended, 03/18/2003; Ord , Amended, 12/07/2010) OTHER: A. Lost objects found on park property must be turned over to the City Police or City Parks Section and Recreation Section and may be recovered by proper identification at Police Headquarters or City Parks or Recreation Offices. B. Picnic areas not requiring a permit are operated on a "first come, first serve" basis. Picnic ramadas shall be reserved by permit on a "first come, first serve" basis, which must be made in person at the City's Recreation Office. C. Sledding, downhill skiing, snowmobiling, tobogganing or cross-country skiing is permitted on park property unless restricted as posted. (Ord. 1891, 09/19/95) (Ord. No. 1786, Enacted, 01 /05/93; Ord. No. 1891, Amended, 09/19/95; Ord , Amended, 12/07/201 0) 'A The Flagstaff City Charter and City Code are current through Ordinance , passed June 2,2015. Disclaimer: The City Clerk's Office has the official version of the Flagstaff City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.

24 11/17/ SPECIAL EVENTS SECTIONS: Definitions Permit Required Permit Fees and Deposits Prohibitions Definitions CHAPTER 8-12 SPECIAL EVENTS For the purposes of this Chapter, the following terms, phrases and words shall have the following meaning. CITY OWNED OR CONTROLLED PROPERTIES means all land, facilities, parks, streets, street areas and parking lots owned, leased, operated, maintained or controlled by the City of Flagstaff. ORGANIZED means having a formal organization to coordinate and carry out activities. PERSON means any person, firm, partnership, association, corporation, company or organization of any kind, public or private. SPECIAL EVENT means: A. Any organized public outdoor gathering or celebration involving the use of City owned or controlled properties that involves, but is not limited to, any of the following activities: 1. Community events, celebrations, or observances; 2. Dances accompanied by amplified music; 3. Amplified Music or the use of a public address device; 4. Dramatic productions; 5. Athletic tournaments; 6. Amusements, festivals or carnivals; 7. Sale of merchandise, food or alcohol; 8. Parades; organized walks, bicycle rides, runs or races; 9. Distribution of food or alcohol to the public; or 1 0. Exclusive use of City owned or controlled properties, or a portion thereof. B. Any private outdoor gathering or celebration involving the use of City owned or controlled properties that involves any of the following activities:

25 11/17/ SPECIAL EVENTS 1. Ceremonies or observances; 2. Amplified music or the use of a public address device; 3. Amusements, festivals or carnivals; 4. Exclusive use of City owned or controlled properties, or a portion thereof. C. Any activity taking place on City owned or controlled properties which may require for its successful execution City services over and above that routinely provided under ordinary circumstances Permit Required A. In addition to any other permits, licenses, taxes or requirements imposed by this Code, a permit shall be obtained from the City Recreation Section before any person conducts a special event. B. Applications for a special event permit must be received within the time specified in the special event rules and regulations on file in the Office of Community Events, on forms provided by the Recreation Section. C. Permits shall be issued to persons 18 years old or older by the Recreation Superintendent or his or her designee within a reasonable period of time following receipt of application, in accordance with this Chapter and the City Recreation Section's administrative policies. Permits for special events at which alcohol is served shall only be issued to persons 21 years old or older. D. Permits issued pursuant to this Section must remain on-site during the permitted activity and shown upon request. E. Functions shall be confined to those parts of the City owned or controlled property assigned to the permit holder. F. The City Recreation Superintendant, or his or her designee, shall send copies of applications and other pertinent material to other City departments which might be affected by the proposed special event. Such departments may recommend to the Recreation Section that a permit be issued only after the applicant has met, at his or her own cost, certain stipulations including, but not limited to, the following: 1. Hiring a stated number of security personnel; 2. Hiring a stated number of parking attendants; 3. Erecting security fencing or security barriers; 4. Providing sanitary facilities; 5. Hiring and providing for any and all traffic control devices and/or traffic personnel as recommended by the City of Flagstaff Traffic Engineer; 6. Applying for and receiving all other necessary permits and approvals; 7. Taking other measures to provide for fire protection or the health, safety, and welfare of the public;

26 11/17/ SPECIALEVENTS 8. Obtaining a certificate of insurance naming the City of Flagstaff as additional insured for a monetary amount to be determined by City of Flagstaff Risk Management; 9. Sign and submit a liability agreement prepared by the City; 10. Agreeing to pay for any unanticipated or unforeseen costs associated with the special event, including posting a performance bond if requested by the Recreation Section. G. Continuous use of facilities by clubs, organizations and associations shall be permitted through a signed agreement which may be reissued as necessary at the discretion of the Recreation Superintendent or his or her designee. A permit issued pursuant to this paragraph shall not exceed one (1) year. H. Activities sponsored or co-sponsored by the City shall have first priority in the use of any City owned or controlled properties. I. Any request for a use not contemplated by this Chapter or by administrative policies, or denied by the Recreation Superintendent, may be forwarded to the Community Enrichment Services Director who shall take the request before the City Manager for consideration. J. Protest rallies, picketing activities, or other such gatherings to exercise free speech rights under the First Amendment of the United States Constitution or Article II, Section 6 of the Arizona Constitution, shall be exempt from these permit requirements Permit Fees and Deposits A. Permit fees shall be established by the Recreation Superintendent with approval from the Parks and Recreation Commission and City Council. All fees will be reviewed annually. B. All fees and deposits must be made prior to the date of the special event, unless other arrangements are made in writing with the Recreation Superintendent or his or her designee Prohibitions The following prohibitions shall apply to those activities requiring a special event permit: A. It is unlawful for any person to stage, present, or conduct any special event without first obtaining a permit pursuant to this chapter; B. It is unlawful for any person to participate in a special event for which the person knows a special event permit has not been issued; C. It is unlawful for any person in charge of, or responsible for the conduct of, a duly permitted special event to knowingly fail to comply with any term or condition of the special event permit. (Adopted 11/02/10, Ordinance No )

27 Fountain Hills Town Code Article 9-4 PARK RULES AND REGULATIONS Sections: Section Purpose and Intent Consumption of Alcohol at Town Owned Parks Rules and Regulations at Town Owned Parks Purpose and Intent Town owned parks provide excellent recreational opportunities and encourage enhanced quality of life to Town residents. Such parks are maintained and operated with an emphasis on safety, cleanliness, and beauty. These regulations are specifically intended to provide rules and regulations for each Town-owned park and is accomplished as follows: (01-16, Added, 12/04/2001) Section Consumption of Alcohol at Town Owned Parks A. The consumption of spirituous liquor as defined in Paragraph 31 of A.R.S is prohibited in Town-owned parks unless pursuant to a valid Arizona special events liquor license and the expressed written permission of the Town Council. B. The consumption of beer and wine on the premises of Town-owned parks is limited and restricted to specific pennitted areas. Upon receipt of a completed application form and payment of the proper fee, the director shall review the application and issue the permit pursuant to printed rules and regulations developed by the director. C. Penalty: Violation of any provision of this section shall, upon conviction, be considered a Class 1 Misdemeanor. (01-16, Amended, 12/04/2001) Section Rules and Regulations at Town Owned Parks A. All persons who use Town owned Parks shall obey the following rules while on park property. 1. No open fires. 2. No overnight camping. 3. No firearms or weapons, except as authorized by Arizona law. 4. No pets allowed except on leash. Animal waste shall be removed by owner in all Town park facilities. Activities within the off-leash recreational facility are exempt from the leash provision. 5. No person shall operate skateboards, roller blades, inline skates, bicycles or any rolling (nonmotorized) vehicle in Town parks where such activity is specifically prohibited by appropriate posting or in an unsafe manner so as to infringe upon the safety of themselves or other park users. Activities within the bounded area of the skate park facility are exempt Page 7 of12

28 Fountain Hills Town Code from this provision. 6. The skate park facility and the off-leash recreational facility shall each be subject to their own unique and specific rules. Rules and regulations shall be visibly posed at the skate park facility, and are subject to change by action of the director. 7. Park hours shall be visibly posted at each park. 8. No vehicles except in designated areas and any vehicles left after 11:00 p.m. will be towed at the owner's expense. 9. No golfing or practicing of golf on grass areas. 10. No glass beverage containers. 11. Gas powered model airplanes and incendiary model rockets are prohibited. 12. Lakes, fountains, and other waterways shall not be used for swimming, wading, bathing, fishing, or boating. 13. No person shall tether, launch or land a hot air balloon in a Town park except with the permission of authorized Town staff and a Special Event Permit. 14. The Town of Fountain Hills specifically reserves the right to hold financially liable the parents of any minor child for consequences of the child's infraction of this code and/or any damage a minor child causes on or to Town property. 15. The director shall have the power to enact new park rules at any time to the extent that such rules are consistent with Federal and State law, and this Town Code. Such additional rules will be considered petty offenses as defined under B(1) and B(2) below. B. Penalties 1. Violation of subsections A(4) through A(14) shall be considered a petty offense if the offender has not committed the same infraction within the last twenty-four (24) months. Petty Offenses shall be punishable by a fme of up to one hundred dollars ($100.00). 2. Subsequent violations(s) of the same subsection A(4) through A(14) within a twenty-four (24) month period shall be considered a Class 3 Misdemeanor, and will be punishable as such under State Law. 3. Violations of subsection A(l), A(2), or A(3) of this section shall be considered a Class 1 Misdemeanor and will be punishable as such under State Law. (14-09, Amended, 09/18/2014; 01-16, Amended, 12/04/2001) Page 8 of 12

29 11/17/2015 Glendale, AZ Code of Ordinances DIVISION 3.- LIQUOR REGULATIONS AND BEER PERMITS Sec Alcoholic beverages prohibited; exceptions. (a) It shall be unlawful for any person to sell, furnish, possess or consume any alcoholic beverage in Murphy Park. The parks and recreation director shall not issue any permit authorizing the selling, furnishing, possession or consumption of alcoholic beverages in Murphy Park. (b) It shall be unlawful for any person to sell, furnish, possess or consume any alcoholic beverage in any other city park except for: (1) A person who possesses or consumes beer pursuant to a permit issued by the parks and recreation director. (2) The sale and consumption of alcoholic beverages pursuant to a liquor license issued by the Arizona Department of Liquor Licenses and Control. (Ord. No. 1944, 3, ) Sec Beer permits; application; issuance. (a) Any person wishing to obtain a beer permit for a city park shall submit an application to the parks and recreation director for such permit. The application shall include all information which the parks and recreation director deems necessary. (b) The parks and recreation director may issue a beer permit on such terms and conditions as he or she deems necessary. Each beer permit shall be valid only for the date and times specified, the park (or portion thereof) specified, and the persons, group or entity specified in the permit. Each beer permit shall specify at least one (1) person who shall be responsible for ensuring compliance with the terms and conditions of the beer permit and all liquor laws, rules and regulations. The parks and recreation director may deny any application for a beer permit on any reasonable grounds, including prior violations of any park rules and regulations or any false information on the application for a permit. (Ord. No. 1944, 3, )

30 11/17/2015 Sees Reserved. (55 hits) ARTICLE V1.5. PARKS AND RECREATION DEPARTMENT 1 Sec Created; supervision; duties of director. (a) There is hereby created a department of parks and recreation within the city. The department shall be under the supervision of the parks and recreation director, who shall be appointed by the city manager and report to the community development director. (b) The director of parks and recreation shall have charge of the care and upkeep of all city-owned open areas, parks and recreational facilities as designated by the city manager. He shall supervise all recreation programs and supervise all employees, volunteers, and contractors assigned to the parks and recreation department. The director shall promulgate rules and regulations for council's approval, for conduct of persons in the parks and recreation programs and for the use of all parks and recreation facilities. The director shall be responsible for the parks and recreation department. (Ord. No. 626, 1 (2-50), ) Sec Recreation programs. (a) Trust fund. There is hereby established a self-supporting trust fund for recreational programs including programs or classes in dance, gymnastics, arts, crafts and athletics. The trust fund shall consist of monies paid by the participants in recreational programs and shall be held in trust to pay the costs of the programs. (b) Instructors. The director shall be responsible for directing the recreational programs. The director shall coordinate volunteers and negotiate contracts for program sponsors and instructors. The city manager is authorized to sign contracts with program sponsors and instructors of recreational programs. (c) Contracts. Contracts for program sponsors and instructors shall contain the following: (1) A description of the recreational program and the duration of the agreement. (2) A statement of the amount to be paid for the contractor's services as a percentage of program fees or at a fixed rate. (3) Provisions for termination of the agreement. (4) In addition, the agreement may require the contractor to provide insurance and may set rules for the conduct of the program. (Ord. No. 626, 1 (2-51 ), ) Sec Rules for park and recreation facilities. (a) Compliance; ejection of violators. (1) Permission to be within the limits of or to use any park is conditioned on compliance with all applicable provisions of this section and any other applicable laws, ordinances, rules and

31 11/17/2015 Sees Reserved. regulations. A violation of any provision of this section, or of any other applicable law, ordinance, rule or regulation, shall result in the violator being deemed a trespasser, and the Kingman Police Department or the director may eject any such person from a park. (2) Any person occupying a park or portion thereof without a written reservation permit issued by the director for its exclusive use, and refusing to surrender such park or portion thereof to any person bearing such a permit, shall similarly be deemed to be a trespasser, subject to ejection by the Kingman Police Department or the director. (3) As used in this section "park" means any city owned park or recreational facility. (b) Liability limitations. Any person exercising any of the privileges authorized by this section shall do so at his own risk, without liability on the part of the city or its officers, employees and agents for death or injury to persons or animals or damage to property resulting therefrom. (c) Rules for parks use. (1) Hours of operation. No person shall enter, be or remain in, or leave a motor vehicle in any park between the hours of 12:00 midnight and 6:00a.m., except where such person is camping as provided under paragraph [(4)], or as authorized by a written permit issued by the director. The director may, from time to time, change the hours of use as stated herein for any individual park, in which case all persons shall comply with such changed hours. (2) Restrictions upon children under six years. No parent or guardian, or any person having the custody of any child under the age of six (6) years, shall cause, permit or allow such child to enter or visit any park unless such child is accompanied by a person of not less than sixteen (16) years of age. (3) Motor vehicle restrictions. No person shall bring to or operate in any park any motor vehicle, except on a public roadway, designated driveways, or parking areas and at such times and at such places as allowed by a written permit issued by the director. No person shall park any motor vehicle in any park except in areas designated by the director for such purpose. "Motor vehicle," as used in this section, is defined in A.R.S (24). (4) Overnight camping restrictions. No person shall camp or sleep overnight in any park except pursuant to a written permit issued by the director. The director may issue a permit to any person or group, authorizing camping over night at a designated location in a park, if he finds: a. That, in the case of a youth group, the group will be supervised during such camping by an adequate number of responsible adults and such overnight camping will not in any way be detrimental to the park or interfere with the other uses thereof; and b. That the person or group has agreed to the conditions contained in the permit. Upon the granting of such permit, the members of such group, including adult supervisors in the case of a youth group, may camp at the time, location and under the conditions specified in the permit. (5) Animals. Except for guide dogs under A.R.S , no person shall bring into any park or recreation facility any animal of any kind except as permitted in writing by the director.

32 11/17/2015 Sees Reserved. (6) Alcohol, drugs. No person shall enter, be in or remain in any park while under the influence of any alcoholic beverage, narcotic, or dangerous drug. (7) Selling merchandise. No person shall sell or offer for sale any goods, wares, or merchandise in any park, except: a. Pursuant to a concession or other agreement authorized by the city council; or b. When found by the director to be consistent with the policies of the department or to promote the programs of the department, pursuant to a written permit issued by him and conditions attached thereto. (8) Injuring or killing animals. No person, other than a duly authorized city employee in the performance of his duties, shall molest, hunt, disturb, injure, shoot at, take, net, poison, wound, harm, kill or remove from any park any kind of animal, except: a. When necessary to avoid bodily harm; or b. When fishing or hunting is permitted by the director; or c. If requested by the city employee in charge of a park containing an animal farm, to capture such animal and deliver it unharmed to such employee. (9) Washing dishes, etc. No person shall wash or cleanse in any park any dish or utensil, except at designated facilities provided for such purpose. (1 0) Sanitation requirements for concessions. The concessionaire or lessee of a facility or area within a park under concession or lease from the city shall at all times maintain the premises under his charge in a clean, sanitary condition, free from malodorous materials and accumulations of garbage, refuse, debris and other waste materials. In the event that the director finds that any facility or area under concession or lease is not so maintained, he shall in writing notify the concessionaire or lessee of such facility to immediately commence and perform the necessary correction of the insanitary condition to the satisfaction of the director. Failure of the concessionaire or lessee to perform the necessary correction with reasonable dispatch shall be cause for the director to have the condition corrected in such a manner as he deems necessary and the costs of such correction to be charged to the holder of the concession or lease. (11) Unsafe or dangerous conditions in concessions. Whenever the structure or area under the control of a concessionaire or lessee within a park is found to be defective or damaged so as to be unsafe or dangerous to persons or property, it shall be the duty of the concessionaire or lessee to immediately post a proper notice and fence or barricade, and at night to adequately light such unsafe structure or area, and such unsafe structure or area shall be kept posted, lighted and fenced or barricaded until necessary repairs are made. In the event the concessionaire or lessee fails or neglects to make necessary repairs or to put up fences or other barriers to prevent persons from using or going into or upon the unsafe structure or area, the director may take such measures as he deems necessary for the protection of the public, and charge the cost of same to such concessionaire or lessee. (12) Fires. No person shall light or maintain any fire in any park other than in a barbecue brazier, fire

33 11/17/2015 Sees Reserved. circle or other area designated for such purpose, except upon written authorization from the director. (13) Harmful objects. No person shall place, throw, leave, keep or maintain any object in any park in such a manner or in such a place that any person or animal may be injured or any structure, vehicle or other property may be damaged. (14) Firearms and other weapons. No person, other than a certified peace officer or an on duty security guard, shall bring into any park, or discharge or shoot, any firearm, air gun, slingshot, or bow and arrow in any park, except in areas designated for such purposes by the director. (15) Model airplanes and boats. No person shall operate model airplanes, boats or other craft in any park, except in areas designated for such use. (16) Placement and maintenance of signs. The director may place and maintain, or cause to be placed and maintained, such signs, notices, signals or control devices as he deems necessary to carry out the provisions of this section, or to ensure public safety and orderly and efficient use of any park. No person shall wilfully fail to obey any sign, notice, signal or control device placed or erected pursuant to this section. (17) Golf course use. Unless written permission has been issued by the director of parks and recreation, no person shall enter the Kingman golf course property except for golf purposes. (d) Violations. (1) Refusing to leave. Any person who refuses to leave a city park after being ejected by the director or a police officer under this section shall be guilty of a misdemeanor. (2) Damaging or removing park property and vegetation. It shall be a misdemeanor for any person, other than a duly authorized city employee in the performance of his duties, to: a. Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, grass, fruit or flower, growing in any parks; or b. Remove any wood, turf, grass, soil, rock, sand or gravel from any park; or c. Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in any park; or place any mark, writing or printing; or attach any sign, card, display or other similar device. (3) Alcoholic beverages and narcotics or dangerous drugs. It shall be a misdemeanor for any person to sell any alcoholic beverage in any park, except pursuant to a written permit issued by the director and conditions attached thereto. It shall be misdemeanor for any person to enter, be in or remain in any park while in possession of, transporting, purchasing, selling, giving away or consuming any narcotic or dangerous drug. (4) Rubbish disposal. a. It shall be a misdemeanor to throw, place or dispose of any garbage, refuse, waste paper, bottles or cans in any place in a park other than into a garbage can or other receptacle maintained therein for that purpose.

34 11/17/2015 Sees Reserved. b. It shall be a misdemeanor for any person to place any household or commercial garbage in any trash receptacle maintained for parks purposes. (5) Entering closed parks. It shall be a misdemeanor for a person to enter or remain in any park or recreational facility, beyond its posted hours of operation; unless authorized in writing by the director. (e) Penalty. Any person who violates any provision of this section shall be guilty of a misdemeanor as defined in section 1-8. (Ord. No. 655-A, 1, ; Ord. No. 831, 1, ; Ord. No. 1498, 1-3, ) Sees Resented. 1Editor's note: Ord. No. 626, 1, adopted Sept. 15, 1986, added provisions designated as Ch. 2, Art. Ill, Div. Ill, Part I, 2-50, 2-51, to the Code; for purposes of classification and in order to keep related material together, the editor has redesignated said provisions as Art. Vl.5, 2-112, Cross references: Golf course advisory commission, et seq.; driving in parks, The Kingman Municipal Code is current through Ordinance 1802, passed October 15, Disclaimer: The City Clerk's Office has the official version of the Kingman Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.

35 1/23/2016 Alcohol may be allowed on beach 1 News 1 havasunews.com / Alcohol may be allowed on beach By John Rudolf May 15, 2008 The City Council moved to simplify the rules governing alcohol in the city-owned London Bridge Beach Park, by introducing an ordinance that would allow drinldng on a strip of the beach up to the sidewalk. The rule change is in response to complaints from the Lake Havasu City Police Department, whose work enforcing the parks alcohol ban has been complicated by contradictory rules on drinldng in the Bridgewater Channel area. Under current regulations, drinldng is prohibited in all city-owned parks. However, drinking is permitted in the water, on boats, and in state parks. The ordinance introduced was altered from its original version, which would have allowed alcohol in all of London Bridge Beach Park. City Councilwoman Cindy Aldridge supported the change. "The problem is, with the ordinance the way it is, if somebody is in their boat, they can drink beer. If they go across to London Bridge Beach and step off of their boat, they are in violation," she said. "The problem is, the police department felt pretty silly asking people to go stand in the water to drink their beer." City spokesman Charlie Cassens said the new ordinance would hopefully clear up any confusion about alcohol laws, both for the police department and visitors.

36 1/23/2016 Alcohol may be allowed on beach I News I havasunews.com "It was a little confusing for visitors who weren't familiar with where drinking was allowed and not allowed," Cassens said. "It was difficult for law enforcement to get people to understand where drinking was permitted." If the council moves to adopt the ordinance, drinking would be allowed on the beach up to, but not on, the sidewalk "This creates a clear line of demarcation of where drinldng is allowed," Cassens said. Another ordinance allowing drinking in all city parks was not introduced by the council.

37 11/17/2015. CHAPTER 11.06: PARKS AND RECREATION L.o. k Ha-\.1~ DIVISION 1. RULES RELATING TO USE BY GROUPS USE BY GROUPS-PERMIT REQUIRED. A. Any group desiring to reserve a park or any specified portion thereof, shall make application to the Director on forms provided by the Director for such person and submit to the Director processing fee established pursuant to the provisions of Chapter B. The application referred to in the subsection A of this section shall be filed not later than 14 days prior to the event for which the group wishes to reserve the park. C. In addition to the permit required by this section, a group shall be required to obtain the permit required by if any of the following circumstances or conditions pertain: 1. The group consists of 100 or more participants and/or spectators; provided, that this provision shall not apply to organized youth athletic competitions. 2. The group plans, desires, or intends to sell alcoholic beverages. 3.. The group plans, desires, or intends to charge an admission fee to any park or portion thereof. 4. The activity planned by the group requires, in the opinion of the Director, the services or permits provided by a department of this city other than the Community Services Department. D. No group shall reserve a park or any portion thereof or purport to reserve a park or any portion thereof or act in any manner to exclude any person from any portion of any park or advertise any activity or event, the advertising purporting to schedule such activity or event in any park, in any public medium without first making application for and receiving a park use permit and such other permits as may be required by this code or the laws of the State of Arizona. (Ord , 27, passed ; Ord , 3, passed ; Ord , 2 (part), passed -1990) PERMIT. A. Park use permits and special event permits pursuant to Title 9 of this code shall be granted by the city based upon the following schedule of priorities: 1. "Priority 1" uses shall be those sponsored by the city. 2. "Priority 2" uses shall be those sponsored or cosponsored by the Lake Havasu unified school district, pursuant to the terms of any intergovernmental agreement. 3. "Priority 3" uses shall be those sponsored by the United States, the state of Arizona, or any political subdivision or agency of either, or by community service organizations which are nonprofit groups charging no admission fee for the activity or event. 4. "Priority 4" uses are those sponsored by service organizations, and private and commercial groups which are using a park for the purpose of raising moneys for the benefit of the community or any segment of the community. 5. "Priority 5" uses are any such uses not within priorities 1 through 4.

38 11/17/2015 CHAPTER 11.06: PARKS AND RECREATION B. The provisions of subsection A of this section shall determine between competing uses wherever there is a conflict. C. The Director shall prepare a schedule of fees to be charged to all groups in priorities 2 through 5 requiring extraordinary services or equipment. (Ord , 28, passed ; Ord , 2 (part), passed ) PERMIT CONDITIONS. Each permit granted by the Director shall be subject to the following terms and conditions: A. The permit shall be in force and effect only during the time period or periods specified on its face. B. The permit shall not be transferable. C. The permit holder shall be responsible for all members of his or her group and shall commit that all parks rules and regulations, together with all other provisions of this code and applicable provisions of state law are obeyed. D. The permit holder shall retain the permit in his possession and demonstrate the same upon demand to any city official. E. All activities specified or permitted under any permit shall be conducted under appropriate adult supervision. F. The permit holder shall be responsible for the clean up and restoration of the park or portion thereof used by his group and shall be fiscally responsible for any damages to the park or park equipment and improvements. G. Such additional conditions as the Director determines to be necessary or reasonable under the specific circumstances. (Ord , 2 (part), passed ) PERMIT -SPECIAL CONDITIONS. A. All permits authorizing activities which are not priority 1 or 2 uses which are open to the general public or any substantial segment thereof shall, as a further condition of issuance, provide the city with a certificate of insurance evincing such coverage or coverages in such amounts as the Risk Manager shall require, covering participants and spectators against reasonably foreseeable risks, and naming Lake Havasu City as an additional insured. B. Permits authorizing youth or adult athletic activities, except those sponsored by this city, shall provide a certificate of insurance in a form and amount acceptable to the Risk Manager covering all participants against accidental injury while competing or participating. C. In administering the provisions of this section, the Risk Manager shall require such insurance protection as deemed advisable to fully protect the city from exposure arising out of the permitted activity. (Ord , 29, passed ; Ord , 2 (part), passed )

39 11/17/2015 CHAPTER 11.06: PARKS AND RECREATION PERMIT-CANCELLATION. A. Any permit issued pursuant to this article may be revoked or canceled by the Director, without prior notice in the event that the permit holder or any member of the permit holder's group, shall fail to comply with the terms and conditions of the permit or any provision of this article. B. The Director shall be notified immediately upon the cancellation of any permitted activity. Any group failing to provide at least 48 hours' notice of the cancellation shall be liable for all expenses incurred by the city in preparing for such activity or event. (Ord , 30, passed ; Ord , 2 (part), passed ) PERMIT DENIAL-APPEAL. Any decision of the Director relating to any application for a park use permit may be appealed by the applicant to the City Manager by filing of written notice of the appeal with the City Clerk. The appeal shall be heard by the City Manager not more than 21 nor less than 7 days after the filing. (Ord , 31, passed ; Ord , 2 (part), passed ) APPARATUS. A. No person or group shall place or install any apparatus in any park without the prior, written consent of the Director. B. Any apparatus placed in any park shall be removed promptly and as specified by the Director. (Ord , 2 (part), passed ) VIOLATIONS. In addition to such other remedies and penalties as are provided elsewhere in this code, the violation by any permit holder or member of such permit holder's group of any of the provisions of this article or any of the terms and conditions of a permit may constitute grounds for denial of future group use permits for such group or permit holder. (Ord , 2 (part), passed ) DIVISION 2. GENERALfARKRULES HOURS OF OPERATION. A. Unless different hours of operation are posted by the Director, parks shall be open for use between the hours of sunrise and 11:00 p.m. B. The hours set forth in subsection A of this section may be extended by the Director pursuant to a park use permit. C. It is unlawful for any person, except officers and/or employees of the city in the conduct of official

40 11/17/2015 CHAPTER 11.06: PARKS AND RECREATION business, to be present in any park between the hours of 11:00 p.m. and sunrise, unless acting pursuant to specific authorization granted by group use permit. (Ord , 1, passed ; Ord , 32, passed ; Ord , 2 (part), passed ) OPERATION OF VEHICLES PROHIBITED. No person shall drive or ride at any time within any park any automobile, truck, motorcycle, motor scooter or any other motor vehicle, horse or animal, except in public streets or within designated parking areas located upon the premises. (Ord , 2 (part), passed ) CERTAIN SPORTS PROHffiiTED. Dangerous or hazardous sporting and recreational activities, including, but not limited to, golf, javelin, discus and shot put, are prohibited within parks except when done in conjunction with authorized and supervised classes or programs approved by the Director. (Ord , 2 (part), passed ) LAUNCHING WATERCRAFT AND OVERNIGHT MOORING PROHIBITED. A. It is unlawful to launch or retrieve any motorized watercraft at or in any park unless one of the following exceptions apply: 1. Launching or retrieval occurs on designated launching ramps or other facilities provided. 2. Launching or retrieval is authorized in writing by the city. B. It is unlawful to moor between the hours of 11:00 p.m. and 5:00 a.m. any watercraft in a city park. (Ord , 1, passed ; Ord , 33, passed ; Ord , 2 (part), passed ) POSSESSION OF FIREARMS. No person, other than a duly certjfied peace officer of the United States, the State of Arizona, Mohave County or Lake Havasu City shall possess or control any firearm, BB gun or pellet gun while in any park. (Ord , 2 (part), passed ) CAMPING PROHIBITED. No person shall camp or sleep overnight in or at any park or the waters adjacent thereto except pursuant to a park use permit.

41 11/17./2015 CHAPTER 11.06: PARKS AND RECREATION (Ord , 34, passed ; Ord , 2 (part), passed ) PETS. A. No pet shall enter in or on any park except as follows: 1. Animals that have been specifically trained to assist persons with visual, hearing, or other physical disability, which are in the actual custody of a disabled individual. B. 2. Dogs are permitted in all city parks, except Rotary Park, pursuant to the provisions of subsection B. Dogs shall be permitted in all city parks, except Rotary Park, pursuant to the following: 1. Dogs shall be under control of the handler at all times in all areas of the park. 2. Dogs shall be kept on a leash no longer than 6 feet at all times except while in the designated off leash areas. 3. Dogs are not permitted on or within 10 feet of play ground equipment within any city park. 4. Dogs are not permitted on athletic fields including, but not limited to, fields for baseball, softball, t-ball, soccer, football, and track, unless specified elsewhere in this section or authorized by the Community Services Director. C. The person in custody or control of any pet in a park shall promptly clean up any feces deposited in the park by the pet and place same in an appropriate trash receptacle. D. Enforcement authority regarding dogs in public parks shall be the responsibility of Animal Control. E. A violation of shall be a civil offense punishable by a sanction as fixed by the Court of not more than $1,000. (Ord , 35, passed ; Ord , passed ; Ord , passed ; Ord , passed ; Ord , 2 (part), passed ) GLASS CONTAINERS PROHIBITED. A. No person shall take into or onto or possess at or in any park any container of any kind or nature composed or made of glass. B. No person shall throw, break or deposit any item or article made of glass in or at any park. (Ord , 2 (part), passed ) COMMERCIAL ACTIVITY PROIDBITED. No person or group shall engage in any sales or other commercial activity at or in any park without first applying for and receiving a park use permit. (Ord , 36, passed ; Ord , 2 (part), passed )

42 11/17/201Q CHAPTER 11.06: PARKS AND RECREATION ALCOHOL PROIDBITED-EXCEPTIONS. A. No person may possess or consume alcoholic beverages at any time in any city park except pursuant to a park use permit. B. The city may not approve a special event liquor license application from any person that seeks authorization to sell alcoholic beverages on the grounds of any city park unless deemed exempt under subsection C of this section. C. The City Manager, by regulation, may designate a park or parks as exempt from the provisions of subsections A and B of this section; provided, however, that no such regulation shall be deemed effective unless first ratified by action of the City Council. (Ord , 37, passed ; Ord , passed ; Ord , 2 (part), passed -1990) VIOLATIONS. A violation of any provision of this article is a violation of this code and punishable as provided for at (Ord , 2 (part), passed )

43 ~~ev (C) (D) (E) The Parks, Recreation & Commercial Facilities Department Director or designee may waive any of the requirements of this Section for vending and/or solicitation operations conducted in connection with special events sponsored or approved by the City. (4271, 5054) For purposes of this Section, "vending" means a person engaging in the sale, distribution, or display of any items of tangible personal property. (4271) For purposes of this Section, "solicitation" means a person requesting an immediate donation or exchange of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or thing of value. The solicitation may be spoken, written, or by printed work, or by another means of communication. Solicitation does not include requesting or accepting payment of the fare on a public transportation vehicle by the operator of the vehicle. (4271) : URBAN CAMPING: (4271) (A) (B) Except upon the approval of the Parks, Recreation & Commercial Facilities Department Director or designee, no person shall camp within a park and recreation facility, special event area, or retention basin, or in any building, facility, parking lot, st:tucture, or on any property adjacent thereto, that is owned, leased, licensed, possessed, controlled or in use, by the City. (4271, 5054) For the purpose of this Section, the term "camp" means to use real property of the City for living accommodation purposes such as sleeping activities, or making preparations to sleep, including the laying down of bedding for the purpose of sleeping, or storing personal belongings, or making any fire, or using any tents or shelter or other st:tucture or vehicle for sleeping, or doing any digging or earth breaking, or canying on cooking activities. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area for living accommodation purposes regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. Any camping equipment left unattended within or adjacent to a park and recreation facility, special event area, or retention basin shall be discarded. (4271, 5054) : SPIRITUOUS LIQUOR; PROHffiiTIONS; PERMITS: (4271, 5054): (A) (B) No person within a park and recreation facility, special event area, or retention basin shall consume or have in his possession or custody any spirituous liquor except under the conditions set forth in Subsections (B) and (C) ofthis Section. (4271) Subsection (A) of this Section shall not apply to those premises within a park and recreation facility, special event area, or retention basin where the sale of spirituous liquor is being governed by a special event license or permit issued by the State Liquor Department. During those events or activities within a park and recreation facility, special event area, or retention basin that is governed by a State liquor license or permit, the sale and consumption of spirituous liquor on those premises at those times shall be subject to all terms and conditions of State law, the State liquor license or permit, and all applicable contracts involving the sale of spirituous liquor on those premises; at all other times, consumption of spirituous liquor within a park and recreation facility, special event area, or retention basin is prohibited unless authorized under a City permit obtained from the Parks, Recreation & Commercial Facilities Department Director or designee. (4271, 5054)

44 (C) The Parks, Recreation & Commercial Facilities Department Director or designee is authorized to issue permits allowing the consumption and possession of beer and wine in any City of Mesa park and recreation facilities, special event areas, or retention basins under the management and direction of the Parks, Recreation & Commercial Facilities Department Director and pursuant to the Guideline for the Permitting of Beer and Wine Possession and Consumption. Such beer and wine permits are available only for persons of legal drinking age ("responsible party") representing two (2) or more persons. Permits shall identify the name and signature of the responsible party; and the date and specific park or facility for which the permit is issued. The City permit shall state that the authority it confers to possess or consume beer and wine is contingent upon compliance with all terms and conditions of the permit, park mles, City ordinances, and State laws. The person's name that is identified on the City permit as the responsible party shall remain on site at all times during which beer and wine is consumed. If the City permit is not complied with in any respect; the permit is null and void, and the prohibition described in Subsection (A) of this Section is reinstated. Unless authorized under a State liquor license or a City permit, it is unlawful to possess or consume any spirituous liquor in any park and recreation facility, special event area, or retention basin. (4271, 4317, 5054) : MULTI-USE PATH: (4271) (A) Definitions. The following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly requires a different meaning: ( 4271) MULTI-USE PATH: An off-road surfaced path which may be separated from motorized vehicular traffic by an open space or barrier and has been designated, or designed and designated, by the City for public use for humanpowered travel or movement or by use of a motorized wheelchair. ( 42 71) PEDESTRIAN: Means a person who is traveling on or is otherwise lawfully using a multi-use path and includes a person who is either walking, jogging, mnning, skating, or bicycling on the multi-use path. Pedestrian also means a person with a disability, who is using a motorized or human-powered wheelchair or similar mobility device on the multi-use path. (4271) (B) (C) (D) (E) (F) Multi-use paths are for the exclusive use of pedestrians. Unless otherwise prohibited, pedestrians may enter and use a multi-use path in the company of a leashed dog and shall be bound by the mles contained in Section (J). (4271) A pedestrian who is operating a human-powered device or vehicle, i.e., bicyclists and skaters, upon a multiuse path shall yield the right-of-way to any pedestrian walking, jogging, running, or in a wheelchair or similar mobility device on the multi-use path. A pedestrian operating a bicycle on a multi-use path shall yield the right-of-way to skaters. (4271) All pedestrians using multi-use paths shall travel at a rate of speed which is reasonable and pmdent under the prevailing conditions and in a consistent and predictable manner, obey all instructions of any traffic control device, warning sign, or pavement marking applicable to use of the multi-use path, and refrain from entering any portion of the multi-use path when it is flooded or contains standing water. (4271) No person shall willfully throw, deposit, or cause to be thrown or deposited, upon any multi-use path any glass bottles, glass, nails, tacks, wires, cans, or any other object, substance, or debris, including animal waste. Any person who drops, or causes to be dropped, thrown, or deposited upon a multi-use path any such material will immediately remove it or cause it to be removed. (4271) The City Manager or designee may adopt and post additionalmles and regulations which the City Manager or designee deems reasonably necessary for the full and safe enjoyment of multi-use paths by pedestrians. (4271, 5054)

45 12/1/2015 Park Locations, Amenities and Maintenance-Park Rules and Regulations PtDYi~ Select language I T. ABou PEo~IA ;.~IDENf!l: _. BUSINESSEs -.. VISIT<>RS.. --= --~----- ' ~ Search Website A A, PeoriaAZ.Gov Home >> Residents >> Parks, Recreation and Classes >> Park Amenities >>Park Rules and Regulations Park Rules and Regulations Information on Reserving Park Facilites Below we have listed the basic rules for reservations at our parks. For a complete listing of park rules, please consult the full park usage ordinance. The City Park hours are from 6:00 a.m.- 10:30 p.m. unless permission is given by the Community Services Director. 1. Dogs are not permitted in City parks, unless physically restrained by a leash. 2. It is unlawful for any person to sell or attempt to sell any commodity without first securing a penni! from the Management Services Department. A permit may be renewed for successive periods of three {3) monlhs. 3. No person shall drive or ride In any automobile, truck, motor scooter, motor-driven vehicle, horse or other animal in a City park. 4. No person shall willfully mark, deface, disfigure, injure, displace or remove, any building, table, benches, fireplaces, paving, public utilities, or parts thereof, or other structures or equipmen~ facilities or property. 5. No person shall bring in or dump, deposit or leave any trash, ashes, rubbish, waste, garbage, or refuse. All such waste shall be placed in proper receptacles. If receptacles are not provided, the waste shall be carried away by the persons responsible for its presence., Recreation Programs Home -Parks Home - Parks and Facilities Map - Park Rules and Regulations - Park Fee Schedule - Dog Friendly Areas - Graffiti Removal Hotline and Online Repo;1ing - Right-of-Way Landscape Potential Probl<!m 6. No person shall do any of the following without the written consent of the Community Services Director. a. Operate a boa~ raft and model watercraft or aircraft. b. Launch a rocket c. Engage in archery. d. Drive golf balls. 7. No person shall have a glass beverage container in his possession. No person shall throw, toss or otherwise propel eilher willfully, maliciously or carelessly and negligenhy break any glass object. B. No person shall pos~ pain~ affix, distribute, deliver, place, cast or leave abou~ any bill, billboard, placard, ticket, handbill, circular or advertisement in a City Park. The use of public parks for private profit-making business or individual is prohibited, with lhe exception of City co-sponsored events. 9. The penni! holder shall be at least 18 years of age or older and a facility penni! must be on lhe site when lhe ramada is being used. 10. Permits applications should be made at least4b hours in advance. 11. The City may require additional time to evaluate a penni! application if security, park damage or park usage issues are involved upon the exclusive judgement of the Community Services Director. If lhe City upon the sole and exclusive judgment of the Community Services Director detennines lhat there is a substantial risk of damage to the park or City property, the City may require a cash bond posted equal to 110% of the estimated amountofcostofthe damage to the park or City property that may result. 12. Usage pennlts are not transferable and the penni! is valid for the date and restricted to area, assignmen~ and number in the group as indicated. 13. No live bands/mariachi's will be pennitted at any park. D.J.s will be pennitted at Rio Vista Park only and must reserve all six group ramadas. The D.J. may only play from the hours of9:00 a.m. to 5:00p.m. The volume of ALL amplified sound {including radios) must be kept low enough not to exceed 50ft and must be kept low enough not to disturb olher patrons of the park. All music must conclude by 9 p.m. 14. Recreation staff is responsible for turning sports field lights on and off and setting out bases. 15. Ramadas are available for reservation and use between the hours of9:00 a.m. and 9:00p.m. The total reserved time includes any time needed by the permit holder for set up and clean up. Ramada's will be rented in four-hour blocks of time which are 9:00a.m. to 1:00 p.m., 1:00 p.m. to 5:00p.m., and 5:00p.m. to 9:00p.m. only. {See Park Fee Schedule) 16. Reservations must be canceled 7 days In advance oflhe reserved date in order to receive a refund. If reservation Is rained ou~ the day rriay be rescheduled. Requests must be the next business day after the rain out 17. Maximum capacity for a single ramada is 25 people and for a double Ramada is 50 people. 18. The permitholderwillleave the ramada in a clean and neat condition. Ramadas maybe decorated (using tape only, no nails or staples), but decorations and tape must be removed by the user. If it is necessary for the City to provide cleaning services following the reserved activity, the penni! holder will be charged an hourly fee. 19. Use and location of special equipment {moon bounces, etc.) must receive prior approval and lhe permit must so state. Insurance will be required for those reservations which incorporate entertainment or amusement games. The minimum policy shall be for $1,000,000, naming the City of Peoria as an additional insured. Entertainment aisles and sidewalks may not be blocked. 20. Beer permits are required in any City Park where consumed and the penn it is restricted to canned beer only and my be consumed In designated areas only. No other type of alcohol is permitted in the park. 21. No person shall knowingly disturb or interfere with anolher park user/group and!heir activities that possess an _,,._L.._...:, ---~.. ~-.: L... n,..-...:..., :... ~...,,.,... n,...,_,...,...,..,..f

46 1211/2015 Park Locations, Amenities and Maintenanct7-Park Rules and Regulations 22. No deep flyers are allowed in the parks. Charcoal fires are allowed only in the park provided grills, unless posted for no burning. Charcoal grills are nonnally located throughout the park for the public to use on a iirst-come, first-served basis. Gas barbecue grills are pennitted in the park in designated areas only. 23. Tents, pop up cabanas or any other temporary structures arl') not allowed in any City Park. 24. During severe inclement weather, penn it holders and party must cease activities and seek shelter. 25. Requests from City staff must be strictly adhered to in the interest of public safety, health, safety and welfare. 26. All City ordinances posted park regulations and these policies shall be complied with. Failure to comply with posted park regulations may result in the denial of the right to use City facilities in the future. Permits are revocable at any time for violation of rule, ordinance or state Jaw. 27. Failure to comply with the above regulations may result in the denial of future use and/or fines. PROBLEMS CALL (park ranger cell) OR PEORIA POLICE Cily of Peoria 841l1 W. Monroe Street Peoria, Arizona This Page was last updated on June 13, 2013 City of Peoria. Arizona. All Rights Reserved. Privacy Statement If you have any questions regarding this web site please contact I he Webmaster at Webmaster@peoriaaz.gov r. + EMPLOYEES. ~-.. _,,:,. ' ~... ;-..J ABOUT FEOIIiA About Peoria City Government News and Press Releases Working for the City Online E Services and Oth.:>r City Services Municipal ComplosxMap and Directions Area Maps Management and Budget Division Home City Laws and Legal Statements Residant Bi!Hna & Utility Services Home and Property Resources Neighborhood Resources Fire and Poiice Resources Events and Meetings librar-y, Arts and Cultural Parks, Recreation and Classes Transportaiion Resources!O:USU less Development and land Use Doing Business in Peoria Building Development and Site Development Permitting Developmant, Engineering and Building Forms Economic Development Services VISITORS Spring Training Hotels, l\1ot.als andrvparks Lake Pleasant Tourism Center for Performing Arts Hiking Trails Area Maps Special Events Peoria Sports Complex CITY DEPARTMEI\.'TS Dapnrtments CONTACT THe CITY Mailing Address and Main Phone Number City of Peoria Contact List Contact the City bye.. Ina.H Peoria's Commitment to Diversity and fnc:jusion X

47 CHAPTER 18-PARKS AND RECREATION Sec Parks; alcoholic beverages, beer permits. (a) It shall be unlawful for any person in a park and recreation area to: (1) Consume alcoholic beverages other than beer. (2) Consume beer outside of a ramada or concession area. (3) If the person is a member of a group of five or more individuals who. are 21 years of age or older, to consume beer without a Beer Permit for the group. ( 4) Possess or control any keg, vat, pump or item designed to serve alcoholic beverages to persons for consumption without a permit. For purposes of this code, a person serving alcoholic beverages from such keg, vat, pump or item shall be presumed to be in possession and control. (5) Serve alcoholic beverages to members of the public other than those invited to the event for which the permit is issued or to permit persons to possess and consume alcoholic beverages outside designated areas provided in the permit, or to permit persons under the age of21 years to possess and consume alcoholic beverages. (6) Fail to present a valid identification upon request of a duly designated park ranger or peace officer and/or presentation of a false or altered ID to a duly designate park ranger or peace officer for the purpose of determining whether an individual who is possessing or consuming alcoholic beverages is under the age of 21 years. (7) Fail to ensure that only beer and no other alcoholic beverages are consumed by any group that is subject to a Beer Permit. (8) Bring beer or other alcoholic beverages inside a park and recreation area, softball or baseball complex or multipurpo~e field area. (b) For purpose of this Section, the following definitions shall apply: (1) "Alcoholic Beverage" means alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one per cent of alcohol by volume. This definition is intended to be synonymous with the term "spirituous liquor" as used in State law.

48 (2) "Beer" means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley malt, hops or other ingredients not drinkable, or any combination of them. (c) Violations of this Section shall be a class one (1) misdemeanor punishable by a minimum fine of not less than Two Hundred and Fifty Dollars ($250.00). Upon conviction, the Municipal Court shall order restitution to be paid by the violator to the City for the cost of cleanup resulting from the violation and the enforcement of this section. Restitution shall be actual cost, but in no event less than One Hundred ($ ) Dollars. (Code 1977, (C)) (Ord. No , 12/14/2004, repealing and enacting) SUPP (Ord. No , 11101/2005, amended) SUPP (Ord. No ,7/6/2010, amended) SUPP (Ord. No , 06/04/2013, amended) SUPP

49 Prescott Valley, Arizona the protection of the public health, safety or welfare that the premises be closed. Such closure shall be for a period not to exceed seven (7) days. B. It is unlawful for any person to, without proper authorization, willfully commit any trespass by entering onto or failing to vacate any Town park, playground or recreational area after adequate notice of emergency closure has been given. (Ord. No. 71, Enacted, 06/10/82; Ord. No. 178, Ren&Amd, 05/26/88, ) Prohibited Activities in Parks, Playgrounds and Outdoor Recreational Areas. A. The following activities are prohibited at all times within all Town parks, playgrounds and outdoor recreational areas, unless otherwise expressly permitted by authorized Town officials: 1. The possession of any open container of, or the consumption of "spirituous liquor" as defined in ARS (31), as amended; 2. The allowing of any dog to be at-large by any "owner" as defined by Subsection O(M), as amended; 3. The operation of motorized vehicles in violation of Section , as amended; 4. The leading or riding of horses, including any animal of the equine species, except in an undeveloped park or outdoor recreational areas; 5. Golfing or golfing practice; 6. The allowing of any forage-consuming domestic livestock to graze or roam atlarge within the boundaries of any Town park or recreation area; 7. Fishing in Town ponds and lakes where signs are posted prohibiting such activity, and fishing in any and all Town ponds and lakes without obtaining a state-issued fishing license; and 8. Wading or swimming in Town ponds and lakes. 9. Participating in paintball games, contests, tournaments or similar activities. 10. Glass containers of any kind. B. The following activities are prohibited at all times within any Town parks, playgrounds and outdoor recreational areas in which synthetic athletic turf has been installed, unless otherwise expressly permitted by authorized Town officials: 1. Organized use of the turf area without an approved permit. 2. Kicking or bouncing balls against any perimeter fence or related standing 10-17

50 12/3/2015 Sco\tsdale, Az Code of Ordinances ARTICLE Ill.- GENERAL PARK RULES Sec Scope. The provisions of this article shall apply to public parks within the city limits, which shall be referred to in this article as city parks. This article shall not apply to city parks to which specific provisions of this Code apply, or to public lands within the boundaries of the McDowell Sonoran Desert Preserve. In the event of a conflict between the provisions of this article and any provision of this Code relating to a specific city park, the provisions relating to the specific park shall apply. General manager, as used in this article, means the manager whose duties include administering the city parks, or the manager's designee. (Ord. No. 3275, 2, ; Ord. No. 4016, 1, ) Sec General rules for use. (a) (b) All persons using city parks shall comply with all federal, state, county and city laws, rules and regulations. All persons using city parks shall also comply with the following: (1) Reserved. (2) No person shall discharge a firearm io a city park, except that blank cartridges may be discharged using a firearm during special events, when authorized by the general manager. (3) No person shall consume spirituous liquor from an open container, or possess spirituous liquor in an open container, in a city park. Spirituous liquor includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume. The only exception to this subsection is that beer in an open container may be consumed or possessed pursuant to a permit issued by the city, as provided in section of this article. (4) All persons fourteen (14) years and older who are fishing in city lakes must be in possession of a valid fishing license and any other license or permit as may be required by law. (5) No person shall harm, injure, remove from, or release into any city park any animal, without approval of the general manager. Except as otherwise provided by law, no person shall feed, touch, tease, frighten, hunt, kill, wound, or intentionally disturb wildlife in any city park, without authorization from the general manager. No person shall remove plants, wildlife or natural materials found in a city park, except the lawful removal of fish from a lake. "Wildlife" means all undomesticated and feral animals, and includes birds, coyotes, javelinas, feral cats, eggs and nests. (6) No motorized vehicles shall be allowed in a city park, except in designated parking areas. This subsection shall not apply to: (i) city employees or others authorized by the city to perform inspection, repair or maintenance work; (ii) persons providing emergency, search and rescue, medical or veterinary services; {iii) the use and operation of a motorized wheelchair by a person who ordinarily uses such equipment (iv) vendors, on park related business, with the permission of authorized city staff.

51 1213/2015 Scottsdale, AZ Code of Ordinances (7) The sale of food, beverages or other merchandise is prohibited unress specifically authorized by permit issued by the city. (8) Lakes, fountains and other waterways shall not be used for swimming, wading or bathing. (9) No person shall throw or deposit any litter, garbage or debris in or upon a city park, or park premises, in violation of sections 18-2 and 18-4(e) ofthis Code. (1 0) Public boating shall be confined to Chaparral and McKellips Lakes. Watercraft used in public boating must be registered in accordance with state law. Watercraft, as defined in A.R.S , means "any boat designed to be propelled by machinery, oars, paddles or wind action upon a sail for navigation on the water". Use of watercraft in public boating in a city park shall be limited, however, to sailboats, rowboats, canoes or boats with electric motors. (11) No person shall undertake mechanical repair or maintenance of any vehicle in a city park, including but not limited to automobile oil changes and engine tune-ups, except in the case of an emergency when the vehicle is inoperable. No commercial or professional washing or waxing of vehicles shall be permitted in parks. (12) No person shall be in or on park premises at any time other than those times authorized for public use, as provided in section 20-35, below. (13) No person shall use any city park facility, or any area in a city park, which has been declared "closed" and which has been so posted by the city, except as authorized in writing by the general manager. (14) Horses are prohibited in city parks, except on bridle paths, equestrian trails, or in equestrian areas that are designated by posted notices. This subsection shall not apply to: (i) horses being used by the police department in the course of their official duties; or {ii) public events or classes held pursuant to a city permit. (15) Practice golfing is prohibited in city parks, except for public events or classes held pursuant to a city permit. (16) Gas powered model airplanes and incendiary model rockets are prohibited. Model boats may be operated only in McKellips Lake and Indian School Park Lake and any other areas that may. be designated by the city for such purpose. Model boats may be operated only between the hours of9:00 a.m. and sunset. (17) No person, or person who has custody of a dog, horse or other animal, shall cause or permit damage to any park property, including but not limited to trees, shrubs, plants, turf and landscaping, or digging holes in or removing turf or ground from a city park. (18) No open fires are permitted, unless specifically authorized by permits issued by the city and the fire department. Charcoal only may be used in fixed grills provided in city parks and charcoal fires shall be attended at all times. (19) No glass, ceramic or easily broken plastic food or beverage containers are permitted in the park. (20) No person shall knowingly and intentionally throw, toss, propel, or break any glass object in a city park. (21) No person shall participate in archery or willfully, negligently or recklessly discharge, use or propel any object or projectile capable of causing serious physical injury, including but not limited to an air gun, BB gun, pellet gun, dart gun, crossbow, slingshot, blowgun, javelin or spear. "Serious physical injury" includes physical injury which creates a reasonable risk of death, or

52 12/3/2015 Scottsdale, AZ Code of Ordinances (c) which causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. This subsection shall not apply to special public events or classes held pursuant to a city permit issued for such activities. (22) No person shall tether, launch or land a hot air balloon in a city park, except in the case of emergency, or unless expressly authorized to do so, in writing, by the general manager. (23)" The owner or person in custody of a dog shall immediately pick up all dog droppings (fecal matter) place them in a closed or sealed container and deposit them in a park trash receptacle or remove them from the park, as provided in subsection 4-18(f) of this Code. (24) No person shall throw, deposit or place any commercial or non-commercial handbill in or upon any unattended vehicle parked or located in a city park. (25) Smoking is prohibited in any enclosed public place in a city park, as provided in section of this Code, except in areas designated for smoking by the general manager. (26) All motor vehicles operated in a city park must have current legal registration, display number plates for the current registration year and be operated only by properly licensed drivers. (27) A maximum speed of five (5) miles per hour shall be in effect at all times for motor vehicles. Person, as used in this section, includes a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual. (Ord. No. 3275, 2, ; Ord. No. 4016, 2, ) Sec Dogs to be kept on leash. (a) (b) (c) (d) (e) The owner or custodian of a dog is responsible for the acts and conduct of the dog at all times when the dog is in a city park. All dogs in or upon the premises of a city park must be currently licensed, and shall wear a collar and durable license tag, as provided in chapter 4 of this Code. The owner or custodian of a dog must restrain and control the dog at all times when in a city park by securing it with a leash of not more than six (6) feet in length, except: (1) While the dog is actually participating in a dog show, exhibition, or obedience class, which has been authorized or approved by the city by the issuance of a written permit, or (2) When the dog is in an enclosed area in a city park, which has been designated by the city as a dog exercise area. Leash as used in this article means a chain, rope or strap, made of leather, fabric or other material, that is: (i) not more than six (6) feet in length; (ii) capable of being fastened to a collar or harness of a dog and used to lead~-restrain and control the dog; and (iii) of sufficient strength for those purposes. At all times when a dog is off leash and participating in a dog show, exhibition or obedience class, as provided in subsection (b)(1), above: (i) The dog must be accompanied by and under the control of its owner, trainer or handler, as applicable, who must at all such times have a leash in his or her possession; and (ii) The owner, trainer, handler, or the authorized representative of a club or organization to whom a permit has been issued shall have the permit on their person at all times and shall present the permit for inspection, upon request, to any police officer, authorized member of the city parks staff, or a Maricopa County animal control officer. At all times when a dog is off leash in a designated dog exercise area, as provided in subsection (b)(2), above, the dog must be accompanied by and under the control of its owner or custodian. The owner or custodian must at all such times have a leash in his or her possession.

53 12/3/2015 Scottsdale, AZ Code of Ordinances (1) A violation of any of the provisions of this section shall be punishable as class 3 isdemeanors are - punishable under state law. (Ord. No. 3190, 2, ; Ord. No. 3275, 3, ) Sec Permit to reserve use. (a) A permit shall be obtained from the city to reserve the use of a park facility. (b) (c) (d) (e) All permits shall require that the permit holder and those using the facility pursuant to the permit comply with the provisions of this article Ill and such other rules and regulations as may have been promulgated by the general manager, community services, pursuant to section below. Rules and regulations not appearing in this article shall be either written on the permit or otherwise provided in writing to the permit holder when the permit is issued. The permit shall describe the facility or area to be used, state any maximum capacity, if applicable, and such additional conditions and requirements as may be reasonably necessary to assure the safe use of the facility by the permit holder. Beer permits may be issued, as provided in section 20-34, below, in conjunction with multiple facility use permits for the same facility and use. Beer permit fees shall be required for each individual day for which beer permits are sought, although the permits may be issued for multiple days or uses. As a condition of the permit, the permit holder shall comply with any insurance and indemnificatio-n requirements determined by the risk manager of the city to be reasonably necessary, given the nature of the activity and other circumstances. To the maximum extent allowed by law, the permit holder shall agree to defend the city for, from and against all demands, claims, losses, damages and expenses that are attributable to bodily injury, personal injury, accident, illness, death or impairment, damage, destruction or loss of use of property (the city's or the property of others) arising or resulting from the permit holder's use of a park facility. The permit holder shall obtain, maintain and evidence insurance, as reasonably determined by the risk manager of the city, for the duration of the permit period. The require-d insurance certificates and documentation, including coverages and limits shall name the city as additional insured and the permit holder's coverage shall be designated as primary. (1) The general manager or any City of Scottsdale police officer may revoke a permit for a violation of its terms or any violation of rules, regulations, ordinances or state statutes by the permit holder or any person using the facility pursuant to the permit. In the event of revocation under this provision, the permit holder shall cease the permitted activities immediately._ A permit holder who has a permit revoked pursuant to this subsection shall not be entitled to a refund of any fees paid. (g). Unless otherwise expressly provided by the general manager, the revocation of a permit pursuant to (h) subsection {f), above, shall serve to revoke all permits held by the permittee at the time of the revocation for the same facility or use and shall constitute grounds for denial of future permits for a period of one hundred eighty (180) days. Revocation of multiple permits or denial of future permits subject to subsection (g), above, shall be subject to appeal to the general manager. The notice of appeal shall be in writing, give the reasons or grounds for the appeal and shall be filed with the general manager not more than ten (1 0) calendar days from the revocation or denial, as applicable. The general manager shall hold a hearing on the appeal within thirty (30) days of receipt of the notice of appeal. The general manger shall determine how the hearing will be conducted. The aggrieved permittee or applicant, as applicable, shall be given notice of the hearing and may attend the hearing, but may not be represented by legal counsel. (Ord. No. 3275, 4, )

54 12/3/2015 Scottsdale, Al Code of Ordinances Sec Beer permits. (a) No person or members of a group or organization shall consume beer from an open container, or possess an open container of beer, in a city park without first having obtained a permit pursuant to this section. Beer means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley, malt, hops, or other ingredients not drinkable, or any combination of them. A condition of any permit shall be. that the person or member of a group subject to the permit shall comply with all state liquor laws. The person to whom the beer permit has been issued must be present for the permit to be valid and the permit must be displayed at the request of any park employee or police officer. A permit is invalid in any park areas where the consumption or possession of beer is prohibited by the city. (b) Application for a beer permit shall contain the applicant's name, address, telephone number, date of birth and age and the number of persons to which the permit will apply. The applicant shall show proof of age in one (1) of the following forms: (i) an unexpired driver license issued by any of the United States or Canada, provided such license includes a picture ofthe licensee; (ii) a nonoperating identification license issued by the State of Arizona; (iii) an armed forces identification card; or (iv) a valid unexpired passport. When applying for a permit by phone or other means, the only acceptable form of identification is an unexpired driver license issued by any state or a nonoperating identification license issued by the State of Arizona. The applicant must provide the number and any additional license information to the reservation agent. (c) An application for a beer permit shall be accompanied by the current council approved fee. Upon the satisfaction of the terms and conditions of this section,_the city shall issue a permit, which shall be valid for one (1) day only, which shall be shown on the permit. A separate permit is required to reserve a park facility. (d) The beer permit shall be revocable by the city for any violation of this article, any provision of the state liquor laws, or any other condition of the permit. Any person who has had a permit revoked by the city shall not be entitled to apply for another such permit until the expiration of sixty (60) days from the date such revocation occurred. (Ord. No. 3275, 4, ; Ord. No. 4016, 3, ) Sec Park hours; use. Hours for public use of all portions of city parks, including parking areas, shall be from sunrise until 10:30 p.m., unless authorized by permit issued by the city, or as otherwise provided by the general manager, pursuant to section of this chapter. (Ord. No. 3275, 4, ) Sec Unauthorized apparatus, furniture and equipment. No apparatus, furniture or equipment shall be placed on a park facility except by permit. Such items shall be removed from the park before 8:30 a.m. of the morning following expiration of the permit. Noncompliance shall be grounds for subsequent rejection of a permit application for use of park facilities. (Code 1972, ) Sec Penalties. (a) A violation of subsection (b)(1) of section 20-31, above, shall be punishable as class 1 misdemeanor is punishable under state law.

55 12/3/2015 Scottsdale, AZ Code of Ordinances (b) (c) (d) A violation of any of the provisions of subsections (b)(2) through (b)(22) of section 20-31, above, shall '... be punishable as class 2 misdemeanors are punishable under state law. A violation of any of the provisions of subsections (b)(23) through (b)(24) of section 20-31, above, shall be punishable as class 3 misdemeanors are punishable under state law. A violation of subsection (b)(25) of section 20-31, above, shall be punishable as a petty offense, punishable by a sentence to pay an amount, fixed by the court, of not more than three ~undred dollars ($300.00). (e) A violation of any of the provisions of subsections (b)(26) through (b)(27) of section 20-31, above, shall constitute a civil offense, which shall be punishable by a civil sanction in the amount of two hundred fifty dollars ($250.00). (Ord. No. 3275, 5, ) Sees Reserved.

56 12/3/2015 Chapter PARKS AND RECREATION FACiliTIES Division II. Public Parks, Trails, and Recreation Areas Chapter PARKS AND RECREATION FACILITIES Sections: Applicability of regulations Hours of use Vehicles in parks and recreation facilities areas Horses and other riding animals Non motorized vehicles- Roller skates- Skateboards- Roller blades Camping and parking in parks and recreation facilities Fires Smoking Damaging property, tampering with parks or facilities Firearms and deadly weapons Golfing at parks and recreation facilities Glass containers in parks and recreation facilities Littering Dumping or depositing of household or commercial trash Domestic animals Prohibited substances Distribution or sale of food, beverages or other items Park and facility closure Signs, decorations and other objects Wildlife protection Feeding Collection or removal of plants and insects Wastewater wetlands Reserving exclusive use Facility reservation procedures Special events Reservation fees and deposit Applicability of regulations. These regulations shall apply to all parks, recreation facilities and associated improvements and areas owned, leased or otherwise acquired by or under the operation and supervision of the city of Sedona, Arizona (''parks and recreation facilities''); except that, as to those recreation facilities and associated improvements and areas owned by the Sedona-Oak Creek Joint Unified School District No.9 (the "district''), these regulations shall apply only at such times as those facilities, improvements and areas are under the use, operation and supervision of the city, and only to the extent permitted by the intergovernmental agreements between the city and the district concerning the district facilities, improvements and areas. In the case of dual function facilities, such as the wastewater wetlands, these regulations shall pertain only to the facility's recreation and park related functions. In the case of the wastewater wetlands, regulations concerning the effluent management function of this facility shall have priority over these regulations and shall be administered by the public works department. [Ord , ; Ord , (Res Exh. A, ). Code ].

57 1213/2015 Chapter 12.30PARKSAND RECREATION FACILITIES 12'.30:020 Hours of use. Unless otherwise posted or allowed by issuance of a city permit, parks shall be open daily to the public from dawn until dusk, with the exception of Posse Grounds Park, which shall be open from dawn until 10:00 p.m~ Site amenities at Posse Grounds Park, such as the skatepark, Sedona dog park, proposed Barbara Antonsen Facility and the teen center may have separate hours posted. It shall be unlawful for any person (other than city personnel or their agents conducting city business) to use or be present in said parks and facilities during any hours in which they are not open to the public without written permission from the city manager or his/her designee. Presence within the wastewater wetlands outside of posted public hours will additionally require permission of the wastewater superintendent. [Ord , ; Ord , (Res Exh. A, ). Code ] Vehicles in parks and recreation facilities areas. A "motorized vehicle" is defined as any vehicle or conveyance that is or can be propelled without human power excluding devices designed and used by the physically handicapped. A "non motorized vehicle" is defined as any conveyance or device that depends solely on human power for propulsion. No person shall, at any time, drive or ride a motorized vehicle upon the premises cif any park or recreation facility, except in public streets running through such premises or within designated parking areas located upon the premises, without the express written permission of the city manager or his/her designee. A maximum speed of 15 miles per hour shall be in effect at all times in the parking lots and streets running through such premises, unless otherwise posted. These restrictions do not apply to the wastewater treatment plant staff or law enforcement staff when they are acti~g within the course of their regular employment. The operation of any motor vehicle on park property including, but not limited to, roads, parking lots, trails and open spaces must comply with all state and local laws as referenced to their use on any public road or highway. All state and local laws apply to vehicle registration, insurance, the operatqr's age and licensing requirements and apply the same standards regarding the operation of a motor vehicle under the influence of alcohol or drugs. No person shall operate or use a nonmotorized device at parks and recreational facilities where such activity is specifically prohibited by appropriate posting. [Ord , ; Ord , (Res Exh. A, ). Code ] Horses and other riding animals. Horses and other riding, draft, and burden animals, and any vehicles drawn by such animals are allowed only on specific, designated city equestrian areas and bridle paths, except as may otherwise be permitted by the city manager or his/her designee, pursuant to written request. [Ord , ; Ord , (Res Exh. A, ). Code ] Non motorized vehicles- Roller skates- Skateboards- Roller blades. No person shall operate skateboards, roller blades, roller skates, bicycles, scooters or any rolling vehicles in a city park where such activity is specifically prohibited by appropriate posting, or in an unsafe manner so as to infringe upon the safety of themselves or others. In cases where a way or trail serves as a pedestrian route, users of rolling vehicles shall reduce their speeds so as not to pose a danger to pedestrians. Generally this shall mean reduction to seven and one-half mph or less. [Ord , (Res Exh. A, )] Camping and parking in parks and recreation facilities. Overnight camping and overnight parking are prohibited at parks and recreation facilities, except as permitted by the city manager or his/her designee. After hours parking is prohibited. [Ord , ; Ord , (Res Exh. A, ). Code

58 12/3/2015 Chapter PARKS AND RECREATION FACILITIES ] Fires. No open fires are permitted/ unless specifically authorized by the city and the Sedona fire district. Charcoal may only be used in fixed grills provided in city parks and charcoal fires shall be attended at all times. [Ord ; Ord , (Res Exh. A, ). Code ] Smoking. The city may prohibit smoking in any or all areas within a city park by posting signs stating such. The city or Sedona fire district may temporarily prohibit smoking on all city park lands during periods of high fire danger. [Ord ; Ord , (Res Exh. A ). Code ] Damaging property, tampering with parks or facilities. A. It shall be unlawful for any unauthorized person to remover destroy, mutilate/ collect or deface any natural or manmade object within any park 1 trait or open space area 1 including but not limited to trees 1 shrubbery/ plants 1 flowers, rocks 1 fences/ signs/ kiosks, bulletin boards, restrooms, picnic tables/ or trash containers. B. It shall be unlawful to plant trees or any other type of landscape material or establish or construct trails, monuments, memorials or other facilities for public or private use without the prior written consent of the city manager or his/her designee. [Ord , ; Ord , (Res Exh. A, ). Code ] Firearms and deadly weapons. A. It shall be unlawful to carry or discharge into any park, trail 1 or open space area firearms or projectile weapons or explosives of any kind, including/ but not limited to, fireworks, BB guns, pellet guns, air guns 1 crossbows, longbows, slingshots or other device capable of causing injury to persons or animals or damage or destruction to property. Persons who possess a permit issued pursuant to A.R.S. Section and peace officers on official duty are exempt. B. It shall be unlawful to carry a deadly weapon into any park, trail, or open space area. A deadly weapon is defined as any item designed for lethal use and includes knives with blades longer than three and one-half inches. C. Special events or instructional classes must receive written permission from the city manager or his/her designee. [Ord , ; Ord , (Res Exh. A, ). Code ] Golfing at parks and recreation facilities. No person shall use any portion of any park or recreation facility for golfing purposes, or make use of any golf club or golf ball in any park or recreation facility except for special events or classes. [Ord , ; Ord , (Res Exh. A ). Code ] Glass containers in parks and recreation facilities. It shall be unlawful for any person to have a glass container in his/her possession in any park unless specifically authorized by the city manager or his/her designee. [Ord , ; Ord , (Res Exh. A, ). Code ] Littering. It shall be unlawful to litter at a park or recreation facility. Users are responsible for returning facility to an as found condition. Users shall take refuse resulting from activities within the park

59 12/3/2015 Chapter PARKS AND RECREATION FACILITIES with them when leaving the park or deposit them in available waste receptacles that mc1y be provided at the park. In the case where trash receptacles are full, users shall remove their own refuse from the park property. [Ord , ; Ord (Res Exh. A, ). Code ] Dumping or depositing of household or commercial trash. Dumping or depositing household or commercial trash on or at a park or recreation facility, or in dumpsters or trash receptacles provided is prohibited. [Ord , ; Ord , (Res Exh. A, ). Code ] Domestic animals. Domestic animals shall be kept on a leash at all times at parks and recreation facilities except at the Sedona dog park or when participating in a program authorized by the parks and recreation department. Owners are responsible for cleaning up and disposing of their animal's excrement by removing 'it from the park or disposing of it in a trash receptacle located in the park. Domestic animals are not permitted at the wastewater wetlands with the exception of dogs, which must be kept on a six-foot leash and on the trails at all times. Dogs are not permitted off the trails or in the water at the wastewater wetlands. Domestic animals are not permitted on athletic fields except when authorized by the city manager or his/her designee. The disposal, burying, entombment, or the spreading of remains of household pets or domesticated animals is prohibited on any city park lands. [Ord , ; Ord , (Res Exh. A, ). Code ] Prohibited substances. Except as provided in the "Parks & Recreation Alcohol on City Property Permission Policy," no person shall consume, possess or distribute an open container of alcoholic beverages at parks and recreation facilities. No person shall consume, distribute or possess any substance in violation of A.R.S. Title 13, Chapter 34, Drug Offenses, at parks and recreation facilities. [Ord , ; Ord , ; Ord , (Res Exh. A, ). Code ] Distribution or sale of food, beverages or other items. Commercial distribution or sales of food, beverages or any other item is prohibited at parks and recreation facilities, unless written authorization is obtained from the parks and recreation department. [Ord , ; Ord , (Res Exh. A, ). Code ] Park and facility closure. A. The city manager, or his/her designee, has the authority to close a park or recreation facility or portion thereof, at his/her discretion. The public works director may also close the wastewater wetlands. Reasons include, but are not limited to, vandalism, weather, repairs, etc. B. No person shall use any city park facility, or any area in a city park, which has been declared "closed" and which has been so posted by the city, except as authorized in writing by the city manager or his/her designee. [Ord , ; Ord , (Res Exh. A, ). Code ] Signs, decorations and other objects. A. The posting, draping or attachment of any sign, poster, bill, advertisement or directional flagging to any park sign, sign post or facility including freestanding signs on park property is

60 12/3/2015 Chapter PARKS AND RECREATION FACILITIES prohibited without the permission of the city manager or his/her designee. B. The posting of advertisements or the placement of brochures by private parties on city park, trail or open space area facilities and on vehicles within designated parking areas is prohibited. C. Placement of tents or temporary structures must be approved by community development and public works before installation. [Ord , ; Ord , (Res Exh. A, ). Code ] Wildlife protection. A. It is unlawful to harass, chase, harm, capture, or to shoot or throw an object at any animal. This does not apply to the chasing or capture of domestic animals such as dogs or cats to bring them under appropriate control of the owner, caretaker, or animal control officers. B. It is unlawful to disturb or move birds' nests or eggs. C. This section shall not apply to persons performing wildlife rescue, rehabilitation or management of the wastewater wetlands with permission from the public works director, city manager or his/her designee. D. It is unlawful to release any wild, exotic or nonnative animal or pet into the wastewater wetlands. For example but not limited to: snakes, birds, fish, frogs, dogs or cats. [Ord , 4-10-~012 (Res Exh. A, )] ~182 Feeding. It is unlawful to feed any birds or animals in the wastewater wetlands, except as follows: A. It is permissible to feed birds or animals with written permission from the city manager or his/her designee or public works director for purposes of wildlife rescue, rehabilitation, education or management of the wetlands. [Ord , (Res Exh. A, )] Collection or removal of plants and insects. A. It is unlawful to pick flowers, or to remove any plant or vegetation from the wastewater wetlands. B. It is unlawful to harm or capture butterflies, moths, dragonflies, and damselflies, or to remove them from the wastewater wetlands without written permission from the city manager or his/her designee. C. This section shall not apply to persons performing pest control or landscape maintenance with permission from the city manager or his/her designee, or public works director. [Ord , (Res Exh. A, )] Wastewater wetlands. A. The wastewater wetlands contain reclaimed water. The following rules shall apply to only this facility: 1. Fishing and boating are prohibited. No water contact is permitted including wading, swimming, etc. Dogs are not allowed in the water. 2~ Unaccompanied minors under the age of 14 are not permitted. [Ord , (Res Exh. A, )] Reserving exclusive use. A facility use request shall be submitted to the city parks and recreation office whenever any

61 1213/2015 Chapter PARKS AND RECREATION FACILITIES person or group desires exclusive use of any portion of any city park or recreation facility. The city manager or his/her designee is hereby authorized to accept or reject reservations in accordance with this chapter. [Ord , ; Ord , (Res : 08 Exh. A, ). Code ] Facility reservation procedures. A. All reservation forms must be received within 10 working days prior to anticipated use, at the city of Sedona parks and recreation office during normal business hours. Reservations may be obtained up to six months in advance. B. A reservation is not complete until required fees and/or deposits are paid, and parks and recreation approve a reservation request and if required, a city temporary use permit and/or county health department permit is obtained. (See sec , Special events.) C. Reservations shall be issued only to persons 18 years of age and older. Reservations are not transferable and shall be in the possession of the reservation holder at the time of park or recreation facility use. D. Group activities, events or organized functions shall be confined to the specific park or recreation facility reserved to the named responsible party. E. The city manager or his/her designee may require the named responsible party to arrange for police patrol of a group's activity, event or organized function if large crowds may reasonably be expected or if the nature of the activity, event or function, in the director's sole opinion, warrants law enforcement and/or traffic control. The named responsible party is solely responsible for paying for such law enforcement and/or traffic control services. F. The named responsible party and all individuals, and the group, club, organization or association occupying or using the park or recreation facility, or any portion thereof, pursuant to the reservation, as an express condition of such occupation or use, shall hold harmless from and indemnify the city of Sedona and all city employees and officials against all damage to park or facility or the death of or any injury to any person whatsoever arising out of or resulting in any way from such occupation or use. Proof of liability insurance may be required depending on the nature of the use. The named responsible party has been informed that if any individuals, group, club, organization or association is harmed due to the nature of the use (if different from the normal use of the park facility), those people are not covered under the city's liability insurance policy, regardless of the incident occurring on city property or during a city event. The named responsible party is required to show proof of liability insurance and they have the option of purchasing "one time" event coverage through TULIP (tenant user liability policy). Parks and recreation is able to provide more information regarding the TULIP system if requested. G. Regular or frequent use of a park or recreation facility by clubs, organization or associations may be specially allowed through a signed agreement between the city and such club, organization or association. The city manager or his/her designee is authorized to enter into such agreements. The term of a special reservation shall not exceed one year. H. The responsible party and all individuals of the group, club, organization or association occupying or using the park or recreation facility or portion thereof shall be responsible for litter control and returning the facility to an as found condition. I. Recurring usage requests of a city facility will be evaluated and authorized with written permission from the city manager or his/her designee. J. Use of city facilities for profit making is not permi~ed, except with authorized written

62 12/ Chapter PARKS AND RECREATION FACILITIES 'permission from the city manager or his/her designee. [Ord , ; amended during 2012 codification; Ord (Res Exh. A, ). Code ] Special events. The event organizer must submit a letter of intent at least 60 days prior to the proposed event. Parks and recreation, in conjunction with the community development department, will review the letter and deterit]ine the proper permitting process, if applicable. [Ord , ; Ord , (Res Exh. A, ). Code ] Reservation fees and deposit. A. Fees and deposits shall be paid in advance. If inclement weather causes a cancellation, a reservation may be reissued for another available date and time, or fees and deposits may be refunded at the discretion of the city manager or his/her designee. B. Any required cleanup and damage deposit will be returned within 30 days of the reservation, if the city premises and equipment are left in the same or better condition than iri which they were found. Charges, which may be taken from the deposit 1 include, but are not limited to: 1. Cleaning of city premises or equipment -per hour costs based on city employees' hourly rate of compensation, plus supply costs. 2. Loss of keys. 3. Damage to city premises or equipment -parts and labor. C. Definition of Fee and Deposit Categories. 1. Category I-"City-Sponsored/Affiliated or Nonprofit." a. Activities, meetings or programs conducted by city employees for city purposes. b. Co-sponsored events conducted in cooperation with outside individuals 1 organizations, or public or private agencies. c. Activities and programs conducted through agreements or contracts between the city and outside individuals, organizations, or public or private agencies. d. Activities, meetings or programs conducted by any elected or appointed city official for city purposes and/or other governmental organizations. e. All nonprofit organizations conducting noncommercial activities. f. Other community events that may have a community benefit, as determined by the city manager or his/her designee. g. All non profits, except park lessees, utilizing city park facilities and amenities for fund raising or commercial activities will be classified as a Category III. 2. Category II-"Private" shall include any private group, club, agency, organization or individual using a city park or recreation facility where no profit will be realized. For example receptions, birthdays and organizational meetings. 3. Category III-"Commercial/profit making" shall include any group, club, agency, organization or individual, except as defined in Categories I and II, using a city park or recreation facility in an attempt to realize a profit from its use or activity and where an admission charge is made or other proceeds are received.

63 1213/2015 Chapter PARKS AND RECREATION FACILITIES D. Reservation Fee and Deposit Schedule. See current fee schedule as adopted by the c!ty, council. [Ord , ; Ord , (Res Exh. A, ). Code ]. The Sedona City Code is current through Ordinance , passed September 8, 2015, and Resolution , passed September 8, Disclaimer: The City Clerk's Office has the official version of the Sedona City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: / ( / City Telephone: (928) Code Publishing Company ( /

64 12/10/2015 _} T/ Surprise, AZ Code of Ordinances Sec Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Beer means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley malt, hops or other ingredients not drinkable, or any combination of them. City property means any property belonging to the city, a municipal corporation of the state, including, but not limited to, city parks, rodeo grounds, the city hall, police department and other municipal structures. On-sale retailer means any person operating an establishment where spirituous liquors are sold in the original container for consumption on or off the premises and in individual portions for consumption on the premises. Excluded from the operation of this chapter are establishments in which the primary business and regularly transacted activities are sales of items other than spirituous liquors, including, but not necessarily limited to, those grocery stores, restaurants, recreational events or similar such establishments in which the gross revenues attributable to nonspirituous liquors ordinarily exceed the gross revenues attributable to sales of spirituous liquors. Spirituous liquor means and includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, port, ale, beer, any malt liquor, malt beverage, absinthe or compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol and any liquid mixture or preparation, whether patented or otherwise, which produces intoxication; fruits preserved in ardent spirits; and beverages containing more than one-half of one percent of alcohol by volume. (Code 2007, ) Sec Consumption in public places. (a) No person shall possess or consume any beer or spirituous liquor on city property at any time, except when in compliance with chapter 38, article II. (b) No person shall come onto city property under any of the following circumstances: (1) While under the influence of beer or any spirituous liquor, if the person is impaired to the slightest degree; or (2) If the person's alcohol concentration, within two hours of the person's presence at the community center or upon any city park, as shown by analysis of the person's blood, breath or other bodily substance is or higher. (Code 2007, )

65 12/10/201!5 Surprise, AZ Code of Ordinances Chapter 38- PARKS AND RECREATION ARTICLE I.- IN GENERAL Sees Reserved. ARTICLE II.- PUBLIC CONDUCT IN PARKS[ 1 J Footnotes: --- (1) --- State Law reference- Park rangers, A.R.S Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animals means and includes cats, dogs, horses, any fowl or birds and any living creatures within the jurisdiction of the park and recreation area. City manager means the city manager or his designee. City manager designee means the director of the community and recreation services department. Crossing means any crossing whether marked by a pavement or otherwise; the extension to any sidewalk space across any intersecting drive, street or highway. Curb means any boundary of any street, road, avenue, boulevard, or drive, whether or not marked by a curb. Director means the director of the community and recreation services department, or his designee. Food means any items intended for human consumption as defined by rules and regulations adopted by the state department of revenue, pursuant to A.R.S In-line skates means shoes or boots that have attached to their soles a row of wheels that are used for gliding with alternate movement of the legs on a surface other than ice. Commonly referred to as rollerblades. Park and recreation area means any neighborhood park, community park, regional park, public open space or swimming pool or aquatics facility whether enclosed or open in which the city has an interest in property and which is open to the public for either active or passive recreation. Park and recreation area does not include any park, field, or facility located within the Surprise Recreation Campus. Park attendant means any person employed by the city to perform duties or tasks within the park and recreation areas, including, but not limited to, park rangers. Path means any footpath, walk, or any path maintained for pedestrians. Pedestrian means a person afoot or persons requiring wheelchairs.

66 12/10/2015 Surprise, AZ Code of Ordinances Permit means any written license issued by or under the authority of the community and recreation services department or other approving governing agency pursuant to section permitting a special event or activity on park and recreation area facilities. Person means any natural person, corporation, company, association, joint stock association, firm or co-partnership. The term "person" is not limited to city residents unless specified otherwise in this Code. Stopping or standing means, when prohibited, any cessation of movement of a vehicle occupied or not, except when necessary to avoid conflict with pedestrians or other vehicles. Surprise Recreation Campus is located east and west of Bullard Avenue, between Greenway Road and Paradise Lane, including its premises and grounds, which is approximately 210 acres. Vehicle means any conveyance (except baby carriages/motorized wheelchairs) including motor vehicles, trailers of all types, campers, tricycles, bicycles, scooters, motorized or not, sleds, sleighs, pushcarts, or vehicles propelled by other than muscular power. A "pushcart" means any device which is on wheels, is propelled solely by human power and is specifically designed for the sale of or for storage and preservation of food or goods for a short time. A "vehicle" also includes any horse or horse-drawn conveyance. (Code 2007, ) Sec Regulated activities; violations. (a) The following activities, designated as "regulated activities," for purposes of this section, are permitted in a park and recreation area only as allowed by subsection (b) of this section: (1) Swimming, bathing, wading, and fishing. (b) (2) Model airplane flying, rocket launching, or model boat sailing. (3) Boating on ponds (without motors). (4) Baseball. (5) Archery. (6) Horseshoe pitching. (7) Tennis, badminton, croquet, and horseshoes. (8) Picnicking. (9) Football and track. (1 0) Basketball. (11) Soccer. (12) Bicycle riding. (13) Throwing or propelling any objects. (14) Sale of food, beverages or merchandise. (15) Special equipment (i.e., inflatables, dunk tanks, pony rides, etc.) (16) Practice golfing. Regulated activities may occur in a park and recreation area only in one of the following two circumstances: (1) Sign age is posted in the park and recreation area indicating that the regulated activity is allowed in designated areas.

67 12/10/2015 Surprise, AZ Code of Ordinances (c) (d) (e) (f) (2) The regulated activity is conducted pursuant to a permit. It is presumed that unless a permit has been issued for a regulated activity or signage is posted indicating that such an activity is permitted that the activity is prohibited in a park and recreation area. In addition to the other requirements of this section, it shall be a violation ofthis section if a person engages in a regulated activity in any ofthe following circumstances: (1) The area has sign age posted prohibiting the regulated activity. (2) No sign age is posted indicating that the regulated activity is allowed and no permit has been issued for the activity. (3) The regulated activity occurs outside of the area designated in a permit or by posted sign age. It shall be unlawful to boat in an urban fishing lake. Urban fishing lakes are subject to the laws and guidelines provided for in Arizona Revised Statutes. Violation ofthis section shall be a civil violation. (Code 2007, ) Sec Hours of operation; access restricted; violations. (a) It shall be a violation of this article for any person other than a peace officer or designated park ranger to be in any park during the hours the park is closed. The city manager may establish hours for each park, which shall be posted at all parks. Unless otherwise established by the city manager, parks shall be closed from 10:30 p.m. to 6:00 a.m. The city manager or director may extend the hours of operation of any park for such events as they determine to be appropriate. (b) (c) (d) (e) (f) The public works director and city engineer are authorized to post appropriate signage, set appropriate speed limits and install appropriate devices to restrict access into parks during closing hours. The city manager may direct that a park be closed for a temporary period where a situation exists that the public health and safety require that the premises be closed. A copy of the closure order shall be posted at the entrance to the park. Violation of this section, other than subsection (c) of this section, shall be a civil violation. Violations of subsection (c) of this section shall be a class 1 misdemeanor. Upon conviction, the municipal court shall order restitution to be paid by the violator to the city for all costs arising from the violation and the enforcement of this section. Restitution shall be actual cost. (Code 2007, ) Sec Vehicle restrictions; violations. (a) It shall be unlawful for any person in a public park or recreation area to: (1) Drive any vehicle on any area except the designated park roads or parking areas, or such areas as may on occasion be specifically designated as temporary areas or to exceed the speed limit posted in any park. (2) Park a vehicle anywhere except on a designated parking area or to park a vehicle in any space not designated for such a purpose. The director is authorize d to designate spaces in parks or recreation areas for specific purposes and to post appropriate signage. (3) Leave a vehicle standing or parked in established parking areas or elsewhere in the park and recreation areas during hours when the park and recreation area is closed. (4)

68 12/10/2015 Surprise, 1'\Z. Code of Ordinances (b) Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available. (5) Operate a bicycle without reasonable regard to the safety of others. (6) Operate a bicycle in landscape areas unless the area has been designated for such use. (7) Leave a bicycle lying on the ground or paving or set against trees, or in any place or position where other persons may trip over or be injured by them. (8) Use the parks, park drives, parking places, or parkways for the purpose of demonstrating any vehicles, or for the purpose of instructing another to drive or operate any vehicle, (9) Engage in any repair or maintenance of any kind to any motor vehicle, except to the extent that emergency repairs are necessary to permit immediate removal of the vehicle from the parking area. (1 0) Engage in the washing, waxing, detailing or cleaning of any motor vehicle without a permit granted for such purpose. (11) Cause or permit a vehicle in tow of another vehicle to enter the parks or proceed therein, except that in case of a breakdown a disabled vehicle may be towed to the nearest exit; or operate or drive a vehicle containing any person or object projecting or hanging outside of or beyond the side or the rear thereof. Violation of this section shall be a civil violation. (Code 2007, ) Sec Restrictions on alcoholic beverages; beer permits. (a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Beer has the same meaning as defined in A.R.S Spirituous liquor has the same meaning as defined in A.R.S (b) It shall be unlawful for any person in a park and recreation area to: (1) Consume spirituous liquor other than beer. At the discretion of the city manager or director, permits may be issued for spirituous liquor other than beer. (2) Consume beer outside of a ramada, concession area, or other designated area. (3) If the person is a member of a group of five or more individuals who are 21 years of age or older, to consume beer without a beer permit for the group. (4) Possess or control any keg, vat, pump or item designed to serve alcoholic beverages to persons for consumption without a permit. For purposes of this Code, a person serving beer from such keg, vat, pump or item shall be presumed to be in possession and control. (5) Serve beer to members of the public other than those invited to the event for which the permit is issued or to permit persons to possess and consume alcoholic beverages outside designated areas provided in the permit, or to permit persons under the age of 21 years to possess and consume spirituous liquor. (6) Fail to present a valid identification upon request of a duly designated park ranger or peace officer and/or presentation of a false or altered ID to a duly designate park ranger or peace officer for the purpose of determining whether an individual who is possessing or consuming spirituous liquor is under the age of 21 years.

69 12/10/2015 Surprise, AZ Code of Ordinances (c) (7) Fail to ensure that only beer and no other spirituous liquor is consumed by any group that is subject to a beer permit. Violations ofthis section shall be a class 1 misdemeanor. Upon conviction, the municipal court shall order restitution to be paid by the violator to the city for the cost of cleanup resulting from the violation and the enforcement of this section. Restitution shall be actual cost. (Code 2007, ) Sec General rules of conduct; violations. (a) It shall be unlawful for any person in a public park or recreation area to: (1) Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, barbeque grills, railings, pavings or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. (2) Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of seven years of age shall use the restrooms and washrooms designated for the opposite sex. (3) Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make. any excavation by tool, equipment, blasting or other means or agency. (4) Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon, or across such lands, except on special written permit issued by the community and recreation services department and approved by the city engineer. (5) Damage, cut, carve, mark, transplant or remove any plant, or injure the bark, or pick flowers or seeds of any tree or plant, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any area. (6) Climb any tree or walk; climb, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purpose. (7) Attach any rope or cable or other contrivance to any tree, fence, railing, bridge, bench, or other structure. (8) Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such water, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters. (9) Take into, carry through, or put into any park, any rubbish, refuse, garbage or other material. Such refuse and rubbish shall be deposited in receptacles so provided. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. (1 0) Cause or permit to run at large any animal. (11) Tie or hitch an animal to any tree or plant. (12) Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall any person remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird. (13)

70 12/10/2015 Surprise, 1\l Code of Ordinances Exception to the provisions of subsection (12) of this section is made in that snakes known to be deadly poisonous may be killed on sight. (14) Walk a dog or a cat without a leash, said leash to be no longer than six feet. (15) Walk any other domestic animal than a dog or cat without a leash, said leash to be no longer than six feet. (16) Bring a horse into a park or ride a horse except on designated bridle and multi-use trails; horses shall be thoroughly broken and properly restrained, and ridden with due care. (17) No person shall permit their horse, donkey or mule to be unattended or to graze in a park. (18) No person shall hitch their horse, donkey or mule to any rock, vegetation, fence or other improvement in a city park, except for such improvements as are intended to be used for such purpose. (19) Use a sound amplification system in any park, except as provided by this article. (20) Use restroom facilities or city pools for personal bathing except as required or needed for city programs. (b) Violation of this section shall be a civil violation. (Code 2007, ) Sec Miscellaneous rules of conduct; violations. (a) It shall be unlawful for any person in a park and recreation area to: (1) Camp or stay overnight anywhere except in areas designated for camping or staying overnight in vehicles or trailers. (2) Take part in the playing of any games involving thrown or otherwise propelled objects except in those areas designated for such forms of recreation. (3) Play football, baseball, basketball, soccer or lacrosse, except in areas designated for such games. (4) Use roller skates, skateboards, in-line skates, street skates, rollerblades, motorized play vehicles, non motorized scooters, and bicycles except in those areas specifically designated for such uses. (5) Engage in threatening, abusive, insulting or indecent language likely to provoke immediate retaliation by any person present or engage in any unwanted physical contact or disorderly conduct or behavior tending to breach or interfere with the public peace, safety, or orderly administration of a park and recreation area. This prohibition shall include any acts of intimidation that are intended to hinder, prevent, or attempt to hinder or prevent any person from using a park and recreation area. Nothing in this subsection shall prohibit a peace officer from citing or arresting a person for a violation of AR.S (6) Fail to produce and exhibit any permit he claims to have, upon request of any peace officer, police assistant, unarmed traffic investigator, park ranger or director who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule. (7) Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit. (8) Erect any tent, stand, canopy, inflatables or other structure in any park or playground, or sell or give away from any such tent, stand, canopy, or other structure any food, drink or other thing, without a permit. These prohibitions are subject to one exception: A person may set up a portable shade canopy if the following requirements are met: a.

71 12/10/2015 Surprise, AZ Code of Ordinances (b) (c) Shade canopies are limited to spectator viewing areas immediately surrounding sports fields, courts and skate parks for the purpose of providing temporary shade for spectators and participants when such areas have been reserved for use through the community and recreation services department or when such areas are being used as part of a citysponsored event. b. Shade canopies must be weighted down so that they cannot be moved or overturned by the wind. Staking of canopies is not allowed, so weighting must be accomplished by sand bags or similar effective means. c. Shade canopies shall not block entrances or exits, aisles, sidewalks, parking areas, or any portion thereof. d. Shade canopies only may be used in the areas and for the purpose described in subsection (a)(8)a of this section and may not be used by groups for picnics or other activities. (9) Fail to vacate any ramada upon request of a park ranger or peace officer where such ramada has been reserved for use by another person. Presentation of a reservation permit shall constitute presumption of registration of use of the ramada. (1 0) Enter any area posted as "closed to the public," or without invitation enter or disrupt any area, including a ramada or a playing field, that has been reserved for use by another person. (11) Obstruct, impede, or create a hazard for vehicles or pedestrians that are using roads, parking areas, sidewalks, or other driving or walking areas, including access to and from parking lots, buildings, and other facilities that are part of a park and recreation area. Violation of subsection (a) of this section shall be a civil violation. It shall be unlawful to knowingly obstruct, interfere, impair, or hinder any park ranger or city employee in the performance of such person's official duties in a park by threatening to or using violence or physical force. Violation ofthis subsection is a class 1 misdemeanor. (Code 2007, ) Sec Advertising; assemblages; entertainment; sales. (a) No person shall post, paint, affix, distribute, deliver, place, cast or leave about, any sign, poster, billboard, placard, ticket, handbill, circular, advertisement or notice of any kind in a park and recreation area except as provided in this section. (b) (1) A person may hand printed materials, including flyers, directly to another person who willingly accepts them. (2) A person may not place printed materials, including flyers, on vehicles temporarily parked at a park and recreation area. (3) Any person who posts, paints, affixes, distributes, delivers, places, casts, or leaves about any sign, poster, billboard, placard, ticket, handbill, circular, advertisement, or notice of any kind in a park and recreation area, regardless of whether such action is done in violation or compliance with this section, shall be liable to reimburse the city for any verified costs incurred by the city associated with the removal of any litter created by such action. No person in a park and recreation area shall do any of the following without a permit; provided that no permit shall be required for any action or event sponsored by the city: (1) Display any advertising signs or other advertising matter; provided that a sign attached to a vehicle to identify the vehicle, or a sign lawfully on a taxi or bus, is not prohibited. (2) Operate for advertising purposes any musical instrument, soundtrack or drum.

72 12/10/2015 Surprise, AZ Code of Ordinances (c) (3) Attach any other materials, signs or other objects to any area or facility. The only exception is the tethering of a pinata with the reservation of a ramada. (4) Hold public assemblages. A public assemblage is an organized activity where individuals are invited to attend and participate in organized activities using the facilities ofthe park and recreation area. All activities where more than 20 persons are participating are presumed to be public assemblages. (5) Conduct exhibitions, festivals or events advertised and open to members of the general public. (6) Offer for sale any article in any park or recreation area, without obtaining a city business or sales tax license and permit from the community and recreation services department as a concessionaire and paying all required fees. a. The term "offer for sale" means the selling, vending, peddling or transfer of possession of an item for a price, something of value, or minimum stated donation. The term "offer for sale" includes offering goods or services by sample or taking orders for future delivery, with or without accepting advance payment for the goods or services. b. The unauthorized use of any park and recreation area for commercial purposes is prohibited. The term "commercial purpose" means offering to sell any goods or services or otherwise advertising or conducting a business or any portion of a business, whether or not for profit or not -for -profit. c. This subsection (b)(6) shall not apply to the sale of newspapers, books, brochures or other printed items that have imprinted on them a political, religious, philosophical or ideological message relevant to the purpose of the organization selling the item. Violation of this section shall be a civil violation. (Code 2007, ) Sec Fireworks; fires; glass; weapons; violations. (a) Within a park and recreation area it shall be unlawful for any person to: (1) Have in their possession or set off any fireworks. Permits may be given by the fire marshal and director for conducting properly supervised fireworks in designated park and recreation areas. (2) Kindle, build, maintain or use a fire except in barbecue containers within a ramada. Any fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished. No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper or other material within or against any building, trashcan, boat or vehicle, or under any tree or in underbrush. The city manager may declare a fire emergency and prohibit all fires and/or smoking of tobacco products in one or more park and recreation areas. (3) Bring in or use any portable grill, unless subject to a permit issued by the city. (4) Throw, toss or otherwise propel or either willfully or maliciously or carelessly or negligently break any glass object. (5) Have a glass beverage container in his possession. (6) Bring any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized track and field events, are excepted from this restriction. (7) Bring any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.

73 12/10/2015 Surprise, AZ Code of Ordinances This subsection (a) shall not apply to any peace officer or law enforcement officer of this state or the United States or any animal control officer of the city and shall not apply to any person having a permit issued by this state pursuant to A.R.S Persons who possess a valid concealed weapons permit are permitted to possess a firearm within a city park, unless the city park is operated pursuant to a joint use agreement with a school and the school is in session. (b) Violations ofthis section shall be a class 1 misdemeanor. Upon conviction, the municipal court shall order restitution to be paid by the violator: to the city for the cost of cleanup resulting from the violation and the enforcement of this section. Restitution shall be actual cost. (Code 2007, ) Sec Enforcement; violations. (a) The director shall have the authority to revoke a permit issued under this article upon a finding of violation of any rule, ordinance, or condition of the permit or upon good cause shown. A permit holder who has a permit revoked shall not be entitled to a refund by the city of any fees paid. (b) (c) (d) (e) The police department and community and recreation services department shall, in connection with their duties imposed by law, diligently enforce the provisions of this article. Any peace officer, park ranger or the director shall have the authority to order any person acting in violation of this article to leave the park or recreation area. Any peace officer, park ranger, director shall have the authority to temporarily detain any individual in a park or recreation area for the purposes of obtaining and inspecting identification of the individual. Violation of an order issued under this section shall be a class 1 misdemeanor. (Code 2007, ) Sec Sound amplification systems; requirements. (a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Sound amplification system means any device, instrument or system, whether electrical, mechanical or otherwise, used for one of its purposes to amplify sound or to produce or reproduce sound. Sound amplification systems include, but are not limited to: radios, stereos, computer-reproduced sound, musical instruments, phonographs, receivers, sound or musical recorders, compact discs, audio discs and video disc players. (b) (c) No person shall operate or permit the operation of any sound amplification system in any outdoor portion of a park and recreation area, including a ramada, under any one of the following circumstances: (1) Between the hours of 9:00 p.m. and 6:00 a.m.; (2) If the sound amplification system can be heard more than 50 feet from the original source; (3) If the sound amplification system disturbs the peace or quiet of a neighborhood, family or person, except as provided in subsection (c) ofthis section. The following sound amplification system uses are exempt from this section: (1) Use by law enforcement agencies and emergency medical and fire service agencies. (2) Use by a public service corporation, telecommunications provider or political subdivision of this state, or the United States or this state in performance of their duties.

74 12{10/2015 Surprise, AZ Code of Ordinances (d) (e) (3) City-sponsored events or programs. If a person wants to operate or permit the operation of a sound amplification system used as part of a live musical performance (including a band, duo, or solo artist), deejay, karaoke, or other related entertainment, the person must obtain a permit. Any permit issued for a sound amplification system shall be subject to applicable requirements of this section, unless specifically exempted in the permit. Violation of this section shall be a civil violation. (Code 2007, ) Sec Permits. (a) Permits required under this article for events in parks and recreation areas, including beer permits required under section 38-23, shall be obtained by application to the director in accordance with the following procedure. The director is empowered to adopt additional rules and procedures for the issuance of permits pursuant to this section: (b) (c) (1) A person seeking issuance of a permit hereunder shall file an application on a form promulgated by the community and recreation services department stating: a. The name and address of the applicant. b. The name and address of the person sponsoring the activity; if any. c. The day and hours for which the permit is desired. d. The park and recreation area or portion thereof for which the permit is desired. e. Any other information reasonably necessary to a determination as to whether a permit should be issued hereunder. f. Variances requested from park rules and regulations. (2) A person filing an application for a permit shall pay such fees as set by resolution. (3) Standards for issuance of a use permit shall include the following findings: a. That the proposed activity or use of the park and recreation area will not unreasonably interfere with or detract from the general public's enjoyment of the park and recreation area. b. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation. c. That the proposed activity or uses that are reasonably anticipated will not include violence, crime, or disorderly conduct. d. That the proposed activity will not entail extraordinary or burdensome expense or police operation by the city. e. That the facilities desired have not been reserved for other use on the date and hour requested in the application. f. That the applicant has not been held responsible previously for two or more violations of this article in a one-year consecutive period from the date ofthe first violation. g. That the application is complete and does not contain any material falsehood or misrepresentation. Applications for permits shall be submitted two working days prior to the event. After receipt of an application, the director shall notify an applicant in writing of their decision to grant or deny a permit. In the event of a denial, the notification shall include the reason for the denial. Any aggrieved person shall have the right to appeal to the director by serving written notice. A permittee shall be bound by all ofthe following requirements:

75 12/10/2015 Surprise, AZ Code of Ordinances (d) (e) (f) (g) (h) (1) The terms of the permit. (2) Park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits. (3) A permittee shall be physically present in the park and recreation area described in the permit during the events for which the permit is issued. (4) The activities allowed in the permit shall be conducted only in areas so designated in the permit. (5) The permit authorizes the permittee and its invifees to use the permitted areas for the permittee's exclusive use without disruption. The permittee shall have sole authority to determine whom he may invite into the permitted area, subject to the city's enforcement of requirements in this Code applicable to individual conduct. If a non invitee enters the permitted area, the permittee may notify a city employee and request that the individual be removed from the permitted area. (6) A permittee shall have a copy of the permit available at all times within the park and recreation area for inspection. An applicant for a permit may be required to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined prior to the commencement of any activity or issuance of any permit in an amount and form satisfactory to the office of the city attorney and risk manager. All permits issued under this article are nontransferable between persons or locations. A permitteemay be required to use city employees to supervise the activities authorized by a permit as a condition of issuing the permit, and the direct and indirect costs of such employee supervision to the city may be added to any other fees required for the use of the park and recreation area. A permittee may be required, at the permittee's cost, to obtain such control or security personnel as determined by the city to be necessary, taking into account the nature of the activity and any other circumstances the city determines to be relevant. It shall be presumed for purposes of this section that absent presentation of a permit that a required permit has not been issued. (Code 2007, ) Sec Special events. Special events are licensed pursuant to chapter 34, article V, division 2. (Code 2007, )

76 Chapter4 ALCOHOLIC BEVERAGES 1 Sec Definitions. For the purposes of this chapter, unless the context otherwise requires, all words and phrases shall have the same meaning attributed to them as is provided in Arizona Revised Statutes, et seq. (Code 1967, 4-1) Sec License required. No person shall manufacture, sell or deal in spirituous liquors within the city without first obtaining and properly maintaining in force a liquor license issued by the state under the procedures specified by state law and/or state regulation promulgated under state law. (Code 1967, 4-2) Sec City liquor license-application procedure. (a) Under the provisions of Arizona Revised Statutes, 4-201, the city is required to post the premises for any proposed original liquor license or transfer of a liquor license at any location in the city, and the city council is required to recommend to the state liquor board approval or disapproval of the issuance of such state license. To satisfy these requirements, the following procedures are hereby established: (1) When copies of state applications or applicant's questionnaires are received by the city clerk or by the internal services department, acting as designated agent of the city clerk, the applicant shall be promptly notified of required city procedures and fees; (2) The applicant shall complete and return to the city a liquor license application form to provide such information as may be deemed necessary by the city clerk to help various departments and agencies provide appropriate information or recommendations on the matter to the city council. Each application shall bear the notarized signature of the applicant or his agent authorized under state law. At the time the city application is submitted, a nonrefundable application fee shall also be paid (see Appendix A). Arrangements shall be made to post the premises for twenty (20) days as required by state law; (3) The applicants and agents, in addition to state law requirements, shall submit a full set of fingerprints to the Tempe police department for the purpose of obtaining a state or federal, or both, criminal records check pursuant to A.R.S and Public Law (PL) The Department of Public Safety is 'Cross references-licenses, taxation and miscellaneous business regulations, Ch. 16; consumption of alcoholic beverages in parks, State law reference-alcoholic beverages, A.R.S et seq.

77 TEMPE CODE authorized to exchange this fingerprint data with the Federal Bureau of Investigation. Fingerprints must be submitted on fingerprint cards provided by the finance and technology director or designee; (4) The internal services department, as designated agent of the city clerk, shall submit recommendation requests to the police department, fire marshal, community development department, county health services department and/or to any other agency which might provide pertinent information to the city council. If there are apparent violations of the zoning code, building code, fire code, or health code, the applicant shall be expected to take corrective action and to call the appropriate agency for reinspection of the premises. When all recommendation sheets have been returned to the internal services department, and when it is determined that neither the applicant nor his immediate predecessor in the establishment is delinquent in reporting and/or paying any required city tax or fee, the matter of the liquor license application shall be submitted to the city council for action at a subsequent council meeting; ( 5) After a public hearing the city council shall recommend to the state liquor board approval or disapproval of the proposed liquor license based on whether such issuance will best serve the public interest and convenience of the city. In making such determination the council may consider all factors deemed by it to be relevant; and ( 6) The city clerk shall promptly send to the state liquor board certification of approval or disapproval by the city council, together with any petitions or letters submitted to the city clerk during the twenty (20) day posting period. (b) No person shall fail or refuse to file a city liquor license application or fail or refuse to comply with other procedural requirements as specified in subsection (a) of this section within fifteen (15) days after a notice or letter requesting compliance is sent to the establishment or to the mailing address shown on state application forms by ordinary mail. (Code 1967, 4-3, 4-9; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ) Sec Same-Tax; issuance fee; penalty for late payment. (a) Whenever the state issues a liquor license for a location within the city, such licensee shall be subject to, and shall pay, a first-year issuance fee of two hundred dollars ($200), together with the city liquor license tax as hereinafter provided. The city liquor license tax shall continue to be applicable, whether or not the liquor license is in active use, until the department of liquor licenses and control has cancelled such liquor license for the stated location. In the case of a pending transfer of a license, or the operation of a restaurant or hotel-motel liquor license under an interim permit issued by the state, the applicant shall maintain payment of the city license tax when due during the period prior to the actual issuance of a new liquor license by the state. (b) The tax shall be imposed on an annual basis, and shall be due and payable in full on or before the first day of January each year. 4-2

78 ALCOHOLIC BEVERAGES (c) The city liquor license tax for each continuing license and for each new license issued on or prior to June 30 in any calendar year for each license series issued by the state shall be imposed in accordance with the tax schedule shown in Appendix A. If any establishment maintains more than one series of liquor license for the establishment, a separate city liquor license tax shall be imposed for each series of state liquor license maintained. (d) For any new state liquor license issued by the state on or after July 1 of any calendar year, the liquor license tax shown in Appendix A shall be imposed. (e) For any new state liquor license issued by the state, the tax imposed by this chapter shall be submitted at the time of making city application and refunded if the state liquor license is not issued. (f) Any person subject to tax under this chapter who fails to pay the first-year issuance fee and/or city liquor license tax when same becomes due shall be subject to and shall pay a penalty of one hundred dollars ($100) or fifteen percent (15%) of the past due amount, whichever is greater, plus one percent interest per month of taxes and/or fees due. (g) The first-year issuance fee shall be submitted at the time of making city application and refunded if the state liquor license is not issued. (h) No person shall fail or refuse to pay a delinquent city liquor license tax within fifteen (15) days after a compliance request is mailed to the establishment or to the last known mailing address of the license holder by ordinary mail. (i) No person shall fail or refuse to pay any penalty assessed for late payment within fifteen (15) days after notice of such penalty charge is mailed to the establishment or to the last known mailing address of the license holder by ordinary mail. (Code 1967, 4-4, 4-9(a), (b); Ord. No , ) Sec Tax rate schedules. The city's liquor license tax for each license established by the State of Arizona shall be imposed by the city council (see Appendix A). (Ord. No , I, ; Ord. No , ; Ord. No , ) State law reference-authority of city to levy a tax on the privilege of engaging in the business of selling spirituous liquors at retail, A.R.S Sec Special event licenses. (a) Any person desiring a special event license, pursuant to Arizona Revised Statutes , shall make application to the internal services department not less than sixty (60) days prior to the date for which such special event license is sought. (b) Application shall be made upon forms prescribed by the finance and technology director, which shall provide sufficient information to enable the city council to determine the applicant's qualifications for such license as provided for in state law. Each such application shall contain a notarized signature of the applicant and shall be accompanied by a nonrefundable application fee (see Appendix A).

79 TEMPE CODE (c) The city council shall hold a public hearing on the application and transmit to the department of liquor licenses and control its recommendation within forty-five ( 45) days of receipt of the application. (d) Each special event license granted by the state shall be subject to a city special event license tax of twenty-five dollars ($25) for each day in which the license is in effect. The special event license tax shall be submitted at the time of making application and is refundable if the state license is not issued. (Code 1967, 4-10; Ord. No , ; Ord. No , ) Sec Compliance with other city laws required. Issuance of a liquor license by the state department of liquor licenses and control shall not exempt the license holder from complying with all city laws, including but not limited to tax laws, licensing laws, zoning code, building code and fire code. If any or all of such laws are deliberately violated by the liquor license holder, the city or any of its departments may petition the department of liquor licenses and control to request cancellation of such liquor license. (Code 1967, 4-7) Sec Right of entry of enforcement officials. (a) Any member of the police force of the city, or any other officer or official of the city, shall have the right to enter for inspection purposes during normal business hours any establishment in the city for which a liquor license has been issued by the state. (b) No person shall fail or refuse to permit a police officer of the city, or any officer or official of the city showing appropriate city identification, to enter the licensed establishment for inspection purposes during business hours. (Code 1967, 4-8, 4-9) Sec Weapons prohibited in establishment. (a) the city. 11 This section shall be known and may be cited as the 11 Weapons Control Ordinance of (b) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, unless the text clearly indicates otherwise: (1) Person means any person except members of any law enforcement unit, private police employed by the licensee, the licensee of the premises, and employees and agents. (2) Weapon includes, but is not limited to, any type of firearms or instrument capable of projecting a missile; any type of knife, dagger, sword or other sharp instrument used in combat; any chain, motorcycle driving chains, belts composed of such chains, brass knuckles, sap, or other blunt instrument not manifestly appropriate for lawful use; and any type of explosive or explosive instrument whatsoever.

80 ALCOHOLIC BEVERAGES (c) It is a misdemeanor for any person to carry any weapon, whether concealed or not, into any place within the city limits where spirituous liquor, as defined in Arizona Revised Statutes 4-101(15), is sold or dispensed. Editor's not~effective September 29, 2010, all language prohibiting knives, daggers, swords or other sharp instruments in establishments were spirituous liquor is served has been made null and void pursuant to A.R.S (d) No licensee nor any employee or agent of any establishment where spirituous liquor is sold or dispensed shall allow any person to carry onto his premises any weapon in violation of subsection (c). Violation of this subsection shall be a misdemeanor. Nothing in this section shall be construed to prohibit any owner of any establishment where spirituous liquor is sold or dispensed from keeping on his premises a weapon for the purpose of protecting the establishment. (e) Nothing in this section shall be construed as limiting or otherwise altering the requirements of any other applicable laws respecting the carrying or possession of weapons. (Code 1967, )

81 Chapter 23 PARKS AND RECREATION 1 Art. I. Art. IT. Art. Ill. Art. IV. Art. V. In General, Parks and Recreation Board, (Repealed) Park Rules, Div. 1. Generally, Div. 2. Park and Building Use Pennit, Div. 3. Boating, Div. 4. Administration and Enforcement, Urban Camping, Preserves, Div. 1. Generally, Div. 2. Preserve Rules and Regulations, ARTICLE I. IN GENERAL Sees Reserved. ARTICLE II. PARKS AND RECREATION BOARD 2 Sec Repealed. (Code 1967, 22-4; Ord. No , ) Sec Repealed. (Code 1967, ; Ord. No , ) Sec Repealed.. (Code 1967, 22-8; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ) Sec Repealed. --(Cock-1967, 22-9; Ord. No , ) Sec Repealed. (Code 1967, 22-10; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ) Sec ~epealed. (Ord. No , ; Ord. No , ) 1 Cross references--sponsorship review committee, et seq.; parks, recreation, golf, and double butte cemetery advisory board, et seq.; sales by mobile merchants in public parks, 24-29; trees and landscaping in public rights-of-way and parks, et seq. 2 Editor's note-ord. No repealed the parks and recreation board from Ch. 23 and it has been incorporated into Ch. 2, Art. V, Div. 17, parks and recreation board, et seq. Ord. No consolidated the golf advisory committee and the parks and recreation board into the parks, recreation and golf advisory board, et seq. Ord. No consolidated the parks, recreation and golf advisory board and the double butte cemetery advisory committee into a single advisory board, et seq.

82 Sees Reserved. TEMPE CODE

83 PARKS AND RECREATION ARTICLE ill. PARK RULES DNISION I. GENERALLY Sec Exemptions; interference with special events prohibited. (a) Sections 23-36, 23-37, , 23-45,23-46, and of this division shall not apply during, or within the areas designated for, special events as permitted by issuance of a permit pursuant to 5-2 of this code. (b) When any special event as defmed in 5-2 of this code is conducted at any city park, all persons not participating therein shall keep clear of participants in the event. (Ord. No , ) Sec Hours of operation. No person shall trespass upon or be upon the grounds, other than public sidewalks or streets located therein, of any city park, playground or golf course without the express written permission of the official designated by the community services director, between the hours of I 0:00 p.m. and 6:00 a.m., unless otherwise posted; provided, however, with respect to any city park, playground or golf course that is equipped with either general area or athletic lighting which is functioning, the closing time maybe extended to 12:00 midnight. (Code 1967, 22-1; Ord. No , I, ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ) Sec Operation of motor vehicles, horses. No person shall drive or ride at any time any automobile, truck, motorcycle, motor scooter, motorized play vehicle or motorized skateboard as defined in 19-l(b)(6) and (7) of this code, horse or other motor vehicle or animal upon the grounds of any city park, playground or golf course, except in public streets running through such premises or within designated parking areas located upon the premises, without the express written permission of the official designated by the community services director. (I) A maximum speed of five (5) m.p.h. shall be in effect at all times, unless otherwise posted; (2) Unlicensed motor vehicles or unlicensed operators shall not be allowed on any park property. With the exception of city vehicles or authorized maintenance vehicles, all motor vehicles shall remain on surfaced roadways at all times; and (3) Horses shall be allowed only on designated bridle paths. (Code 1967, 22-2; Ord. No , I, ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , )

84 TEMPE CODE Sec Parking of motor vehicles. No person shall park any automobile, truck, motorcycle, motor scooter, motorized play vehicle or motorized skateboard as defmed in 19-1 (b)( 6) and (7) of this code, or other motor vehicle upon the grounds of any city park, playground or golf course, except within specifically designated parking areas during park hours. (Ord. No , ) Sec Abusing facilities. No person shall damage or wastefully or improperly use the toilet, water and sewer facilities in any city park, playground or golf course or cause the lighting facilities or electrical appliances to be turned on or used without written permission of the official designated by the community services director. (Code 1967, 22-3; Ord. No , I, ; Ord. No , ; Ord. No , ; Ord. No , ) Sec Use of water facilities. No person shall use any portion of any city park or city lake, lagoon or other water facilities located in any city park or areas without the express written permission of the official designated by the community services director or designee. (Code 1967, ; Ord. No , I, ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ) Sec Prohibited activities. (a) The following activities are prohibited in all city parks, unless otherwise posted: (1) No persons shall commit any act in a public park or recreation facility so as to endanger the health and safety of themselves or other park and recreation facility users; (2) No person shall use any portion of any city park or city-owned property for golfing purposes, or make use of any golf club or golf ball in any city park or on city-owned property, except at places designated for golfing; (3) No person shall use any portion of any city park or city-owned property for archery, firearm or other projectile-producing devices; (4) No person shall use any portion of any city park or city-owned property for iceblocking or sledding with any device; (5) No person shall use any water source at any city park or city-owned property for swimming or bathing, animal swimming or bathing, washing clothes, cleaning fish or other unsanitary activities, except at places designated for such activities;

85 PARKS AND RECREATION (6) No person shall operate skateboards, roller skates, in-line skates, bicycles or any rolling (nonmotorized) vehicles in city parks where such activity is specifically prohibited by appropriate posting or in an unsafe manner so as to infringe upon the safety of themselves or other park users; (7) No person shall possess any glass beverage container, unless specifically authorized by a permit issued pursuant to of this chapter; (8) No person shall knowingly, intentionally or recklessly litter, break, throw, toss or otherwise propel any glass object or container; and (9) No person shall fly a kite, remote control plane or similar aerial device within Tempe Beach Park or Rio Salado Park. (b) The community services director or designee for Rio Salado Park is hereby delegated the authority to establish additional prohibited activities at specified parks. (Code 1967, ; Ord. No , I, ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ) Sec Repealed. (Code 1967, ; Ord. No , I, ; Ord. No , ) Sec Repealed. (Code 1967, ; Ord. No , I, ; Ord. No , ) Sec Repealed. (Code 1967, ; Ord. No , I, ; Ord. No , ) Sec Repealed. (Code 1967, ; Ord. No , I, ; Ord. No , ) Sec Spirituous liquor in parks prohibited. (a) The possession or consumption of spirituous liquors in city parks is prohibited, except that malt beverages are allowed for personal consumption with a one day permit issued by the community services department, or by the designee of such department, pursuant to of this code. The prohibition of spirituous liquors in any city park shall be conspicuously posted near all entrances to the park. (b) This section does not apply to the possession or consumption of spirituous liquors in connection with any concessions authorized by the city at Rio Salado Park. Permits will not be issued for personal consumption of malt beverages on Rio Salado Town Lake.

86 TEMPE CODE (c) Any person or persons guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor and punishable as set forth in 1-7 of this code. (Code 1967, ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ) State law reference--a.r.s Sec Sound amplification equipment. It shall be unlawful for any person to use any sound amplification equipment without first obtaining a permit for said use issued by the community services department or the designee of such department. The application fee shall be established by the city council (see Appendix A). Permits shall be issued subject to the following restrictions: (1) Permits will only be issued to Tempe residents and be valid only for the day specified on the permit; (2) The permits shall be issued only for Rio Salado Park, Kiwanis Park and Tempe Beach Park and shall designate in which areas of those parks the sound amplification equipment may be used; (3) The amplification shall remain at an acceptable sound level that does not disturb the reasonable use ofthe park facilities by other users; (4) The acceptable sound level shall be determined by a representative of the community services department or the police department and any permittee refusing to abide by their decision will have their permit revoked immediately; and (5) Permits will only be issued for functions where music is an ancillary part of the function and no admission shall be charged for any musical exhibition. (Ord. No , 1, ; Ord. No , ; Ord. No , ; Ord, No , ; Ord. No , ) Sec Repealed. (Ord. No , 1, ; Ord. No , ) Sec Repealed. (Ord. No , ; Ord. No , ; Ord. No , ) Sec Park management plans. (a) In order to better preserve the natural desert environment or other unique characteristics of a city park, the city council may adopt a management plan for a city park or parts of a city park. (b) The public works director, in consultation with the parks, recreation, golf, and double butte cemetery advisory board and appropriate city department directors, may develop management plans for review and adoption by the city council.

87 PARKS AND RECREATION (c) The provisions of a management plan adopted by the city council shall be enforced as provided in division 4 of this article ill. (Ord. No , ) Sees Reserved. DIVISION 2. PARK AND BUILDING USE PERMIT Sec When required; consideration of applications. (a) A permit shall be obtained for use of locations as designated by the community services director whenever any person or group desires to consume malt beverages in any city park or whenever any person or group desires to reserve any portion of the public community services facilities or park, for any activity. The community services director shall interpret this division and may act in any case not specifically covered by this division. Any request for a use not contemplated or prohibited in this division may be forwarded to the city manager who will render a decision concerning such use. (b) A permit for consumption of malt beverages will be issued only for consumption of malt beverages in city parks of three (3) acres or more. The permit will be valid until sundown of the requested permit date. An application for a permit to consume malt beverages after sundown may only be issued if the individual or group of persons also reserves a portion of the community services facilities pursuant to subsection (c) of this section. Malt beverages shall not be consumed within the community services department's buildings at any time; or in any other portion of a public park or recreational area at such times as recreational activities organized by the community services department are being conducted. (c) City and department-organized activities shall be given first preference for use of the public community services facilities. An application to reserve a community services facility or portion thereof by persons or groups not officially a part of the community services department shall be initiated at least two (2) weeks prior to the requested date, and have written approval from the community services department;-provided however, that upon showing of good cause, an official designated by the community services director may waive or shorten the two-week time period as set forth above. (d) Any permit or written approval issued pursuant to this section must be in the possession of at least one adult person using the park or facilities and must be shown upon request. (Code 1967, 22-11; Ord. No , IT, ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ; Ord. No , ) Sec Rules of conduct upon approval; grounds for revocation. (a) All activities must be under competent, adult supervision, with the responsible party using the facility assuming full responsibility for any damage to the facility or the equipment. The responsible party named on the permit must be in attendance at the event at all times during the permitted use. The community services department employee on duty shall exercise authority over the individual or organization, and its activities. If the adult supervision is inadequate, it shall be the responsibility of the community services employees on duty to report same to the '"l'l '7

88 TEMPE CODE community services department. Cleanup of the contracted area will be the responsibility of the permittee. The permittee shall be charged on an hourly basis to pay for cleanup if it is necessary for the city to provide additional cleanup services. The use fees or charges shall be established by the city council and administered by the community services department. A cleanup deposit and security deposit may be required if deemed necessary. All fees and charges are due prior to use. If fees or deposits are not received timely, the permit will be canceled. Deposits are nonrefundable except in those cases in which the city is unable to permit use of a park or facility after such permit is issued, or if unique circumstances exist, at the discretion of the community services director. (b) In addition to other legal action, all permits shall be revocable for cause by an official designated by the community services director upon the finding of a violation of any rule, this code or other city ordinance or applicable state statute. (c) No property, furniture or equipment shall be moved into a recreation facility unless special permission is granted in advance and so stated in the permit. Such apparatus, furniture or equipment (provided by the holder of the permit) shall be removed promptly after use. Any property remaining at the facility or park after the termination of the event, shall be deemed abandoned and disposed of by the city, at any time, in its discretion. (d) The permittee shall indemnify the city for any and all loss, damage or injuries to any person or persons, including death. Adequate insurance as determined by the city risk management division shall be provided by each permittee to cover such liability listing the city as an additional insured. Responsibility for loss, breakage or need for repair of any piece of the facility or area shall be upon the individual signing the permit. (e) Building facilities and areas must be vacated by the standard closing hours of the facility unless permission is otherwise granted specifically in the permit and a fee may be assessed as per city fee schedule. It is the responsibility of the permitee to ensure that the policy is administered. Set-up, cleanup and clearance of the facility or park as stated in the permit, is to be included in the requested reservation time. (f) The following specific rules shall be observed while using any facility and the permittee shall be held responsible for any loss or damage growing out of such violation. (1) If a permittee fails to vacate by the time specified in the permit, permittee may be charged fo;r the excess time; (2) No tobacco use or smoking shall be allowed; (3) If notice of cancellation of a request is not received at the facility that issued the permit at least forty-eight ( 48) hours prior to the date of the event, the permit holder shall be held responsible for all charges at the discretion of an official designated by the community services director; and ( 4) Functions shall be confined to the specific part of the facility assigned to the permittee. (g) The following activities shall be prohibited:

89 PARKS AND RECREATION (1) Any use that detracts from general public enjoyment; or, any use of the park or facility that interferes with maintenance; (2) Use that unreasonably interferes with public health, welfare, safety and recreation; or (3) Use that creates or contributes to extraordinary or burdensome expense or police supervision. (h) The total number of people admitted for any usage shall not exceed the capacity of the facility involved, as determined by an official designated by the community services director and/or the city fire marshal. (i) A minimum of one community services department employee shall be on duty at all times when community services department building facilities are scheduled. He shall be responsible and paid by the community services department, and no organization using a community services building facility shall make any payment to such employee. G) The use of special equipment shall be permitted only when operated by community services department employees or other persons specifically authorized in the permit. When used by other than community services employees, and so stated in the permit, the special equipment must be returned in the condition in which it was found (with the exception of normal wear) or the user shall be responsible for repair or replacement charges. (k) No material of any kind shall be attached to any part of the facility or area without written permission of the official designated by the community services director. (1) Some uses may require additional control personnel by the city as deemed necessary by the official designated by the community services director. Additional personnel must be paid for by the permittee prior to the start of the use. (m) Concession rights shall be reserved unless specifically stated otherwise in the permit. As to concession rights, no helium balloons are permitted to be placed or sold within Tempe Beach Park or Rio Salado Park. No popcorn is permitted to be sold in Rio Salado Park. (n) No community services department kitchen facility shall be used except as specifically outlined by the official designated by the community services department. Facilities must be cleaned after use and approval inspection given. ( o) Continuous use of facilities may be permitted and may be reissued as determined to serve the needs of the community, and city facilities and programs, as determined by the community services director. No permit shall exceed a period of time of one year. Continuous use shall be defmed as use at least one time per month for six consecutive months. (p) When an application for use of the facilities has been. approved, notification shall contain the date, hours of use, type of activity and the number of participants. (Code 1967, 22-12; Ord. No , II, ; Ord. No , ; Ord. No , ; Ord , ; Ord. No , ; Ord. No , ) '}'} (\

90 TEMPE CODE Sec Repealed (Code 1967, 22-13; Ord. No , II, ; Ord. No , ) Sec Repealed. (Ord. No , ; Ord. No , ) Sees Reserved. Sec Exemptions. DMSION 3. BOATING The provisions ofthis division shall not apply to: (1) Any boat owned or operated by the city, or any agent thereof, when such boat is being used to enforce the provisions of this division or when such boat is being used to effect the rescue of any person or property upon or in the waters of any city park or area; (2) Any boat owned or operated by other law enforcement agencies, when such boat is being used to enforce applicable state law provisions; (3) Any boat used by the city, or any agent thereof, for the operation and maintenance of Town Lake or Kiwanis Lake; ( 4) Any boat used for concessions as a part of an agreement with the city; or (5) Any boat used as part of an authorized special event or with a special permit, except that the exemption only applies to and (Code 1967, 22-22; Ord. No , ) Sec Applicable regulations. All applicable city ordinances and statutes of the state and all boating regulations of the state game and fish department shall be observed while boating upon the waters of any city park or area. In the event of a conflict between a city ordinance and a state statute or regulation, the more restrictive provision shall prevail and be obeyed. (Code 1967, 22-21) State law reference-boating and water sports, A.R.S et seq. Sec Permitted on certain waters. Notwithstanding the provisions of 23-39, boating shall be permitted upon the waters of Town Lake and Kiwanis Lake and upon such other waters as the council may hereinafter designate by resolution, subject to the provisions of this division. (Code 1967, 22-14; Ord. No , )

91 1/23/2016 Rules & Regulations Clark County ( / Parks & Recreation ( / Rules & Regulations ( Parks & Recreation : Rules & Regulations General Rules: Park hours are from 6 a.m. to 11 p.m. and all persons shall leave the park facility no later than 11 p.m., except with the approval of the Director of Parks & Recreation or designee. Dogs and cats under control of a handler and on a leash no longer than six (6) feet are allowed in County parks. All other animals are prohibited with!lut permission from the Director of Parks & Recreation or designee. No animals (except trained service animals) are allowed in buildings. Any individual(s) engaged in conducting animal shows, events, or obedience schools require permission from the Director of Parks & Recreation or his/her designee to schedule such events at any Clark County facility. No motor vehicles are allowed or permitted off roadways or: parking lots in the parks without permission from the Director of Parks & Recreation or designee. Bicycle and moped operators will adhere to all regulations governing motor vehicles Parking is permitted only in designated areas. Any vehicle left overnight in any County park is subject to citation and towing. All groups will confine themselves to their reserved area. Absolutely no County equipment, picnic tables, trash cans, etc. may be moved from or into an area without permission from the Director of Parks & Recreation or designee Special facilities; i.e., archery range, model boats, model carts, etc., have rules designed and posted for those particular areas. Please refer to and adhere to posted rules. In addition to possible misdemeanor penalties under Clark County Code, Section , any violation of a facility rule may result in cancellation of permits and forfeiture of all service charges and deposits. Prohibited: Excessively loud music from external or internal vehicle speakers or portable radios. Excessively loud music is defined as music at a level that annoys other park users or park neighbors. Discharging of any firearms, or carrying, possessing or discharging any firecrackers, rockets, torpedoes, or other fireworks, slingshots, boomerangs within any County facility or park without written approval from the Director of Parks & Recreation or designee. Fires, other than those in picnic stoves, grilles, braziers, or fire pits provided for that purpose or as approved by the Director of Parks & Recreation or designee. Consumption of alcoholic beverages except in designated areas. It is prohibited to consume alcoholic beverages on roadways, parking lots, playgrounds, swimming pools, athletic fields, tennis courts, community centers and at youth events without prior approval of the Director of Parks & Recreation or designee.

92 City and County of Denver Department of Parks and Recreation Alcohol Policy Revision May18, 2011 February 09,2012 May 1J,2012 Parks and Recreation: Alcohol PoliCy Pagei ofl6

93 PURPOSE The purpose of this policy is to establish the rules and regulations regardipg the service or sale and service, and the associated consumption, of. alcohol beverages in Denver Parks and Recreation facilities and parks. It is the intention of the Department of Parks and Recreation to provide the citizens of Denver the broadest range of opportunities to enjoy its facilities and parks while protecting the City and its citizens from abusive and disruptive behavior. DEFINITIONS The phrase "alcohol beverage," as used in this Policy, shall confonn, at.a n:dnimum,. to the "definition and restrictions imposed by the Colorado Liquor Code un9.er Article 47 of Title 12 of the Colorado Revised ~tatutes. For mostsjtuations where a permit may be issued by tl:le Department of Parks and Recreation allowing the service or sale and service, arid the associated consumption, of alcohol beverages is limited to malt liquor (beer) nr vinous liquor (wine ot champagne) as specified ill the permit; providw however, spirituous liquor (hard liquor} may be permitted as provided i11 this policy subject to such limitations co1;1.tained in this policy and iuthe permit.. The sale and service of alcohol beverages, or the service of alcohol beverages at non-private (i.e.) public) events shall require, in addition to anypertnits specified under this-policy, a Special Event Liquor License issued by the appropriate gove.r'nrij.epta) authority. The phrase ''3.2 beer," as used in this Policy, sb,all conform, at. a minimum, to the definition and restrictions for "fermented malt beverage" as provided by the Colorado Beer Code under Article 46 of Title 12 of the Colorado Revised Statutes. 3.:2 beer maybe consumed in open areas of Denver parks except as testrictetl in this policy and otherwise by law, The sale and service-of 3;2 beer, or the servfc~ of3.2 b~er at non-private (i.e., public) events shall require; in lld.dition to any pennits specified under this Policy, a Special Event Liquor License issued by the appropriate governmental authority. The phrase "Liquor License," as used irt this Poiicy, shall mean anypettn.it or license issued by the Denver Department of ExCise and License, the Colorado Department of Revenue, and/or other governtn.ent:al authority ;u; required by ~din conformance with State laws and rules and regulations and Denver laws and rules and regulations regulating alcohol beverages and/or 3.2 beer. Any permit authorized ot issued under this Policy shali not be effective fot any non-private (Le., public) event at which any algi)hol beverage o;r 3.2 beer is served and/or sold and. served unless and. until the appropriate Liquor License has bee,n issued and all requirements for t:he exercise of that Liquor License have been complied with.any alcohol beverages. and/or 3.2 beer mustbe served or sold and served~ and consumed, at the 1ocation(s) on the premises as specified in the Liquor License and as :further restricted by the petmit issued by Parks and Recreation. Parks and:recreation: Alcohol Policy Page 2 of16

94 SECTION 1: FACILITIES AND PERMIT SlTES WHERE ALCOHOL CONSUMPTION IS PROHIBITED OR RESTRICTED Buildings The consumption of alcohol beverages and 3.2 beer is prohibited in all Parks and Recreation buildings other than 1) buildings occupied by Concessionaires with concession licenses that specificaliy allow the sale, service and consumption of alcohol beverages and/or 3.2 beer on :the licensed premises, and2) buildings specifi~liy identified as Event Facility.Permit Sites in Section 2 below. Buildings where alcohol beverages and 3.2 beer are prohibited include, but is not limited to, recreation centers, senior centers, indoor or outdoor pools, and department offices. Parks and other outdoor public places The. consumption of alcohol beverages, other than 3.2 beer, is prohibited at ALL Parks and Recreation parks and. other outdoorpubli<; places, including all permit sites, other than those specifically identified as Special Occasion Permit Sites, Festival Permit Sites~ or Race!W alk Penriit Sites in Section 2 below. Permits are required under all circumstances in order for alcohol beverages cir 3.2 beet to be served or sold and served at these sites, and the consumption of alcohol b~yerages so served or sold shall be restricted as provideq. in this Policy and the issued pen:riit Pemlits that do not allow the consumption of alcohol beverages are also availablefor these and othei: sites. Parks and Recreation: Alcohol Policy Page3 of16

95 SECTION 2: PERMIT SITES DESIGNATED FOR CONDITIONAL CONSUMPTION OF ALCOHOL BEVERAGES The following permit sites are currently des~gnated as sites allowing conditional service and consumption of alcohol beverages (see appropriate appendix for specific rules and regulations). A Special Occasions Permit, Festival Pennit, Event Facility Pe:nnit or Race/Walk Permit, as appropriate, must be obtafued from the Department of Parks and Recreation's Permit Office for a listed site at which an event may result in the sale and service oi service of ali owed alcohol beverages and/or 3.2 beer. Sites may be added to the Sp~cial Occ~ion, Event Facility or Festival penn it site lists by the Manager of Parks and Recreation only if a request is received from a City Council member or the public and only after an open community process (which includes but is not limited to the Parks and Recreation Advisory Board and registered neighborhood organizations) is performed to introduce the potential new site and solicit feedback, Special Occasion Permit Sites Centennial Gardens (through DBG) Skyline Park (South, Mid & North) City Parle (Flower Garden & Meadow) C~ntral Park- Stapleton (shelters) Confluence Park Festival Permit Sites (allowing sale of alcohol) CityPark Denver Performing Art Sculpture Park Civic Center Park Skyline Park Confl.uente Park Sloan's Lake Park* Creek Front Park CentralPark- Stapleton Ruby Hiil Patk * see Section 4 for limitations on this site Event Facility Permit Sites Montclair Civic Building Chief Hosa Lodge Washington Park Boathouse* City Park Pavilion Stapleto:IA Central Park Pavjlion AquaGoif Fleming Mansion * see Section 5 for limitations on this site Race/Walk Permit Sites Bear Creek Park and Trail Cherty Creek Trail Berkely Park Confluence Park Bible Park Gates Crescent Park Chees:p1an Park Red Rocks Park Parks and Recreation: Aloohol Policy Page 4 ofl6

96 City of Cue:tnavaca Park South Platte River Trail City Park and Esplanade WashingtonPark Civic Center Park Central Pai-k - Stapleton SECTION 3: CONDITIONS FOR SPECIAL OCCASION PERMITS- Special Occasion Permits are issued solely for private events at which all attendees are present by invitation only..anyqne who wishes to s.erve alcohox beverages (wbich is strictly limited to beer, wine and champagne only) and/or 3.2 beer at a dt:;signated Special Occasion Permit site 111ust complete an agreement form that stipulates the conditions - under which the specified form of alcohol beverage may be served and consumed (Appendix A). No. alcohol beverages or 3.2 beer may be sold under a Special Occasion Permit. The Speeiql Occasion Permit holder must ensure that all the specified conditions are adhered to at the event. The.Manager of Parks and Recreation reserves the right to decline an applicant's request for a Special Occasion Permit. All documentation (Permit application and Appendix A} must be signed and returned to the Depa:rtroent of Parks and Recreation's Permitting Office a mihimilln of 15 business days prior to the event. There is a non-refundable application fee for all Special Occasion Permits SECTION4: CONDITIONS FOR FESTIVAL PERMITS WITH ALCOHOL Festival perr.hits are available with and without therighno serve or sell li,nd serve alcohol beverages and/or 3.2 beer. Ihe Pennitting Office sho~ld be contacted for information on sites available for Festivals without alcohol Alcohol beverages to be served or sold and served are limited to beer, wine, champagne; and hard liquor that are served as mixed drinks in a prepackaged or premixed fomi (no "shots'' of hard liquor nor mixing of drinks on site). Anyone who wishes to serve or sell and serve alcohol beverages or 3.2 beer at a designat~d Festival Penni~ site must complete an agreement form that stipulates the conditions under which alcohol beverages or 3.2 beer may be served or sold or served and consumed (Appendix C). The Festival Permit holder must ensure that all the specified c6nditions are adhered to atthe event. The.Manager ofparks and Recreation reserves the rightto 1) decline an applicant's request for a Festival Permit, and 2) limit the numberoffestival P~rmits issued per site. * Slof01'S L~e is limited to two festivals per year. Sloan's Lake is also limited to the sale ofbeerand wine only (no pre~mixed, pre.-packagedhard liquor). All documentation (Permit application and Appendix C) must be signed and returned to. the Departinent of Parks and Recreation's Permitting Office a minimun1 of' l5 busin,ess days prior to the event. There is a non...re:fundable application fee for all FestivaJ Permits. Once a parks and recreation festival permit h~ been issued; the departmentandlor the event organizer will notify the City Council member within 'whose district the festival is proposed to take place; A Special Event Liquor License must also be obtained from the Denver Department of Excise and License and the colorado Department of Revenue in order to serve or sell and serve alcohol beverages and/or 3.2 beer under a Festival Pemiit. Parks andrecreation: AlcoholPolicy Page5ofl6

97 SECTION 5: CONDITIONS FOR EVENT FACILITY :PERMITS Event Facility Permits are issued solely for private events at which all attendees are present by invitation only. Anyone who wishes to serve alcohol beverages and/or 3.2 beer at a designated Event Facility Permit site must complete an agreement form that stipulates the conditions under which the specified form of alcohol beverage and/or 3.2 beer may be served and consumed (Appendix E). For all event facilities other than the Washington Park Boathouse, all alcohol beverages may be served including spirituous liquor (hard liquor),heer, wine, and champagne. O:illy beer, wine, and champagne may be served at the Washington Park Boathouse. No alcohol beverages or 3.2 beer maybe sold un4er an Event Facility Permit. The Event Facility Permit holder must ensure that all the specified cond.itions are adhered to at the event. The Manager ofparks and Recreation reserves the right to decline an applicant's request for an Event Facility Pertuit All documentation (Permit application and AppendiX E) must be signed and returned to the Department ofparks and Recreation's Permitting Office a m.inimum of 15 business days prior to the event For specifics relating to each facility, please see Department of Parks. and Recreation's permitting office. SECTION 6: CONDITIONS FOR RACE/WALK PERMITS Race/Walk pennits are available with and without the right to sell or serve beer or 3.2 beer within a restricted area at the termination point of the race. Only beer and 3.2 beer may be served or sold and served. Anyone who wishes to ser-ve orseil and serve beer or 3.2 beer at a race or walk must complete an agreement form that stipulates the conditions under which they may be served qr sold and served and consumed (Appendix G)~ The Race/Walk Permit holder must ensure that au the specified conditions are adhered to at the event. The number of permits allowing the serving or selling of alcoholic beverages will be limited to a maximum of2 per park per year. The Manager of Parks and Recreation reserves the right to decline an. applicant's requestfqt a Race/Walk Permit with alcohol. All documentation(permit application and Appendix G) must be signed and returned to the Department of Parks and Recreatioh's Permitting Office a minimi.nn of is business dayspriorto the event. There is a non-refundable application fee for all Race/Walk Permits. Once a parks and recreation Rac~!Wallc permit with alcohol has been issu~, the depart:nlent and/or the event organizer will notify th~ City Councilmember within whose district the Race/Walk is proposed to take place. A Special Event Liquor License must also be obtained from the Denver Department of Excise and License and the Colorado Department of Revenue in order to serve or sell and serve beer or 3.2 beet under~ Race/Walk Permit. SECTION 7: SPECIAL EVENT LIQUOR PERMITS Only a non-profit entity may qualizyfor.a SpeqialEventLiquor P~nnit. If the sponsor i~ a n()n-profit entity, it may apply directly for a Special Event Liquor Perm.it, If the sponsor is a for-profit entity; it may make arrangements with a non-profit entity to secure Parks and Recreation: Alc6hol Policy Page6 ofi6

98 a Special Event Liquor Pennit to be used in conjunction with the event. The sponsor 'cannot engage in any agreement with the non-profit that provides for remuneration between it and the Special Event Liquor Permit holder. Any profits obtained from the sale of alcohol by the non-profit must be recognized by that entity and that entity only. If the non-profit gives away alcohol to attendees, the sponsor ClllillOt in any way subsidize the cost of the alcohol. Every action between the Special Event Liquor Permit holder and the sponsor must remain separate and distinct. The Denver Departmen:t of Excise and License should be contacted for additional deta:iis on Special Event Liquor Permit requirements and restrictions. Parks and Recreation: Alcohoi Poltcy Page 7 ofl6

99 This Alcohol Policy, as revised, has been duly adopted in accordance with the rulemaking requirements of section 39-2 of the Denver Revised Municipal Code and is in accordance with the authority ofthe Manager of the Denver Department of Parks and Recreation under section of the Denver City Charter. This Alcohol Policy was adopted on 1st day of June, 2008 and is effective, as revised, as oftbis 11th day ofmay, In accordance with section 39-2( e), D.RM.C.; copies ofthis Alcohol Policy, as revised, were filed with the Denver Clerk and Recorder and the benver City Attorney within seven (7) days ofthe effej::tive date set out above, and a notice of the adoption of this Alcohol PoliCy wa:s published in The Denver Daily Journal on the I fj day of /Y!Ay, The notice included a staten1ent that a copy of the Alcohol Policy, as revised, is on file with the Manager of Parks and Recreation and is available for public inspection. APPROVED AND ADOPTED: annemiller, Mana er of Parks and Recreation APPROVED FOR LEGALITY: Douglas J, Friednash City Attorney Parks and ReQteation: Alcohol Poiioy p}lge 8of16.

100 8.24 ALCOHOL BEVERAGE CONTROL AND CONTAINER CONTROL ON CERTAIN PUBLIC PROPERTY. (1) Prohibition. It shall be unlawful for any person to sell, give away, possess or consume any alcohol beverages as defined in Chapter , Wis. Stats., on any of the following City properties: (a) Penn Park, except on July 9, 1988, between 10:00 a.m. and 8:00p.m. in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages; (b) Breese Stevens Field, except that alcohol beverages may be sold, possessed or consumed therein with the prior approval of the Common Council; (c) The football field, the baseball diamond and the grandstand at Warner Park except during professional minor league baseball games and directly related activities authorized by lease approved by the Common Council and Mayor; (d) Dynie Mansfield Athletic and Recreational Field; (e) Upon the premises at 452 State Street; (f) In any part of Elver Park on July 4 except in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages. (g) In Brittingham Park except in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages or in other areas with the prior approval of the Parks Division. (h) In any part of Newville Park. (Cr. by Ord. 10,606, ) (i) In James Madison Park except in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages or in other areas with the prior approval of the Parks Division. (Am. by Ord. 10,930, ) G) In any part of Warner Park on the day of the Rhythm and Booms celebration (excluding the exception in Subdivision (c) above) except in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages. (Am. by Ord. 12,846, ; Ord. 13,456, ) (k) In any part of Windom Way Park. (Cr. by Ord. 10,930, ) (I) In any part of OlinfTurville Park when the Park Commission approves any special event which includes duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages, except in those duly designated and cordoned off areas. (Cr. by Ord. 12,162, ) (m) In any part of Tenney Park except in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages or in other areas, with the prior approval of the Parks Division. (Cr. by Ord. 12,303, ) (n) In any part of Bernie's Beach except in a duly designated and cordoned off area specifically set aside for the consumption of alcohol beverages and with the prior approval of the Park Commission. (Cr. by Ord. 12,463, ) (o) In the Demetral Park shelter and a fifty (50) foot radius surrounding the shelter, except by permit with the prior approval of the Parks Division. (p) In any part of Olbrich Park during the Atwood Community Center's Summerfest Celebration except in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages. (Cr. by Ord. 12,657, ) (q) Reserved For Future Use. (r) In any part of Paunack Park and Paunack Marsh, except in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages or in other areas, with the prior approval of the Parks Division. (Cr. by Ord. 12,943, ) (s) In any part ofthut Park, except in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages or in other areas, with the prior approval of the Parks Division. (Cr. by Ord. 12,943, ) (t) In any part of Waunona Park, except in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages or in other areas, with the prior approval of the Parks Division. (Cr. by Ord. 12,943, ) (u) In any part of B. B. Clarke Beach, except in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages or in other areas, with the prior approval of the Parks Division. (Cr. by Ord. 13,229, ) (v) In any part of Period Garden Park. (Cr. by Ord. 13,310, ) (w) In any part of Reger Park except in duly designated and cordoned off areas specifically set aside for the consumption of alcohol beverages or in other areas, with the prior approval of the Parks Division. (Cr. by Ord. 13,330, ) (Sec. 8.24(1) Am. by Ord. 10,923, ; Ord. 12,337, ; Ord. 12,541, ; Ord. 13,330, ) (2) Open Container. No person may possess an open can, bottle, cup, flask, glass or other container which contains any alcohol beverages in any parking lot of a park operated by the City of Madison. Appropriate signs shall be erected at the entrances to the park parking lots indicating this regulation (3) Glass Container. No person may possess any cup, glass, flask, bottle or other container made of glass or other shatterable material designed or used for holding a beverage in City of Madison parks. Appropriate signs shall be erected at the entrances to parks indicating this regulation. The Common Council may, by resolution, waive the prohibition against containers made of glass or other shatterable material designed or used for holding a beverage, for special events in designated parks where the use of such containers is indigenous to the event. (Am. by Ord , ) (4) Penalty. Any person violating the provisions of this ordinance shall be subject to a forfeiture of not less than thirty dollars ($30) nor more than two hundred dollars ($200) for the first offense; not less than fifty dollars ($50) nor more than two hundred dollars ($200) for the second offense within one year of the date of the first offense; not less than seventyfive dollars ($75) nor more than two hundred dollars ($200) for the third offense within one year of the date of the first offense; and not less than one hundred dollars ($1 00) nor more than two hundred dollars ($200) for fourth and subsequent offenses within one year of the date of the first offense. (Am. by Ord. 10,033, ; Ord. 12,657, ; Ord. 12,935, )

101 1/1 "( ~ 0 VV1 'idillevuo C6lorwJu ~\Jur ~f+tvj-0 Rules vary for alcohol on'-iver raftifl'g trips FLAGSTAFF fap) ~ A huge or plastic containers because "To me, it would be sacrilege to sense of accomplishment rushes they take up less space and pack bring any alcohol out of. the over rafters as they conquer the more of a punch. Grand Canyon," he said. last big rapid on the Colorado A trip sans alcohol is rare. Both cominercial and private. River thro\lgh the Grand Canyon. "That's not to say everyone on boaters said 1heir trips have the Hands fly in the air. Fists pump. every trip drinks alcohol, of kind of checks and. balances Screams echo through the can- course, no," said Jack Billings, of needed to avoid the type of abusyon walls.. Eugene, Ore., who prefers boxed es that federal investigators out Then someone breaks out the wine on river trips. "But to say lined on those led by the Park tequila for a celebratory drink on we're not going to have any1 That Service. Th e investigation the aptly named Tequila Beach. would be unheard of." released last Thesday found that Alcohol is part of the culture of The Park Service doesn't allow male employees' in the Grand rafting in the Grand Canyon, a the crews from 16 companies Canyon's river' district preyed on chance to let loose as the respon- that have river concessions con- female co-workers on river trips, sibilities of daily life are on hold tracts to drink while they're oper.!m)positioii.ing them for sex and duringweekslong trips. atmg boats or for fo"ur hours retaliating against them when But drinking can make an before they get out on the river, they refused. No one outside the alreadyriskybackcountryadven- buttheycanoncetheirdutiesare Park Service was implicated.in ture dangerous. It has ccintribut- done for the day. the investigation. ed to deaths and, federal investi- Companies once brought wine A Park Service official said that gators said thls week, incidents and kegs of beer on trips for pas- <!lcohql consumption seemed to of sexual harassment by rri'ale sengers but that stopped long play a part. employees of the National Park ago. Guests now bring their own, John Dillon, executive director Servi~,e on trips the agency led. though some companies have a of the Grand Canyon River Out-. The Park Service last year banned po"alcohol policy. fitters Association,. said commeralcohol on its trips conducted fcir The. private, self-guided trips cial companies risk losing their research, education' or. sightsee- have the most relaxed rules. They contracts if they don't abide by il;lg. The move c:;aine while the are highly coveted non-motor the l;'ark Servi<;e regul~tions and Dep'!-rtment of the Interior's trips that laup.ch year-round, have policies.against sexual Inspector General investigated.even in the sweltering heat of the harassment. Guides urge passenan accusation that the nationaj summer and blistering cold of gers to. drink water over beer in park's chain of command of inis- the winter. The Park Service the arid environment, he said. handled harassment complaints. rangers brief participants before "If that's ever an issue, guides The ban on alcohol doesn't their trips but generally make no cut it off and say 'absolutely no apply' to commercial companies mention of excessive drinking. more,'" he said.. the general public c,aq,hire to go Larry Lorusso, of Clarksburg, Private. trips usually include down the 280-mile stretch of the Mass., has celebrated with tequi- friends or family; rafters. said, and riverpr private trips that are won Ia after Lava Rapid - a 20" a sort of commu11ity policing.r;tk6?:~~l].. f, lott~~,sji~j.j=:w. s.'~j) secopd ride, th<;~thas rafters hold- exists. One person is the. trip '""'1'-ll&,tp.m,~. Is,,pnm~, tnn.e. 1,ror ing.',i;i.ght,to_: a. rope as water.j~ader b)!! ~lt~.fl)?,ttery; but,, driqj.<:ing' 4'8 J~Jit~rs.:~ir_arojlli~ a th~ashes aroul).d them. He's seen "'that doesn t- ne cessanly. make campfire, playi11g \;IIUsic and people belligerently drunk.and that person- iri charge; When sharing stories, not unlike a ' been the guy accused of drinking strangers mix, tension can arise camping trip o~ house party else- too much. - -sometimes over alcohol. where. Most choose beer, lalll).ch- He has accepted beer from a John Hulburd lobbied a crew to ing their trips with hundreds of commercial trip looking to reduce the 70 cases of beer, eight cans strapped by the case to the unload it and finished off what gallons of wine and 21 bottles of sides of boats and stashed iri alcohol was left on what he hard liquor plai1l1ed for a 21-day compartments. Others choose thought was the last night in the private trip he joiiwd last year ~ut wine 'or hard liquor kept in bags canyon, he srud. - wi~ little sllcc~ss. rh,e split amo~~ drinkers and mostly non~drinkers soured the-irip, as did the shards of glass left by broken liquor bottles in the sand and the trash created when beer cans escaped into the river, he said.. "Since there. are so many opportunities for people to get hurt going down big rivers, I am sorry to see no effort made to restrict the amount of alcohol being consumed," said Hulburd, of Ridgway, Colo. "I q,~lieve this should change, given what is going on." Christa Sadler, a Flagstaff residentwho has been a commercial guide for 30 years, has no problem with people drinking and having fun, although she doesn't have a taste for it. She said she is concerned that people can fall into the river at night, injure themselves on jagged rocks or become lost when drunk. A Colorado woman who had been drinking disappeared from her campsite in early Her body was found floating in the river months later. Commerdal ratting trips can cost more than $3,000 a person, but pricing can vary based on factors including. time of year and the length of the trip. The cost of private trips can vary by wider margins. Scott Knies, of San Jose, Calif., has been on 10,Gnmd.. Canyon riyer. trips over--?p years,.he.,said h 'd.rather riot' go With people who are. too drunk to care for themselves or others, "You can't be accountable, safe and a good tribe mate if you are too buzzed," he said. "Everyone on our trips knows this and pulls their weight. This is a serious wilderness experience, not a three-. week party."