PROPOSED AMENDMENT TO TEMPE CITY CODE* RELATED TO PRESERVES ORDINANCE NO. O2017.

Similar documents
CITY OF CENTENNIAL, COLORADO ORDINANCE NO

THE CITY OF SPRUCE GROVE BYLAW C OPEN SPACE AREA BYLAW

CASCADE CHARTER TOWNSHIP KENT COUNTY, MICHIGAN (Ordinance No. 8 of 2010) (amended by Ord No 5 of 2013)

SUMMIT COUNTY OPEN SPACE REGULATIONS

Vancouver Municipal Code. Chapter PARK CODE

THE CODE PARK RULES AND REGULATIONS.

NOW, THEREFORE, BE IT ORDAINED,

Regulations Governing the use of Queen Anne s County Parks & Recreation Facilities

ORDINANCE REGULATING USE OF RECREATION AND PARK FACILITIES

YAVAPAI COUNTY ORDINANCE NO

Part 17 Parks and Reserves.

The Board of Supervisors of the County of Riverside, State of California, ordains as follows:

ORDINANCE NO. 91 AN ORDINANCE ESTABLISHING RULES FOR THE USE AND OCCUPANCY OF, AND THE CONDUCT OF PERSONS IN, THE PARK AT FLAT ROCK

PARKS, PLAYGROUNDS AND OPEN SPACES BYE-LAWS

Chapter 261. PARKS AND RECREATION

ORDINANCE NO. The following portions of Section 101, Establishment and

TOWN OF VIEW ROYAL BYLAW NO. 87 A BYLAW ESTABLISHING REGULATIONS COVERING TOWN OF VIEW ROYAL PARKS

Park Rules. Chapter 115, PARKS AND RECREATION

ORDINANCE No

ORDINANCE NO CHAPTER 12.00: PARKS, TRAILS AND RECREATIONAL FACILITIES SECTIONS:

ORDINANCE REGULATING USE OF RECREATION AND PARK FACILITIES

ORDINANCE NO An ordinance to establish rules and regulations for public open space lands under the jurisdiction of the Ottawa County Parks and

ORDINANCE #1 OF 2007 Amended May 12, 2016 BARNES PARK ORDINANCE

Exhibit 2 Page 1 of 8

MEEKER COUNTY PARKS ORDINANCE AN ORDINANCE GOVERNING PARKS UNDER THE JURISDICTION OF THE MEEKER COUNTY BOARD OF COMMISSIONERS MEEKER COUNTY, MINNESOTA

CHAPTER 1064 Parks Generally

ARTICLE 2. PRESERVATION OF COUNTY PARK FEATURES AND PUBLIC HEALTH AND SAFETY

Cypress Forest Park Rules

Title 13 - PARKS AND RECREATION

THE CORPORATION OF THE TOWN OF CALEDON BY-LAW NO

CHAPTER 19 PARKS AND TREES

MUNICIPAL CODE OF THE TOWN OF NEENAH, WINNEBAGO COUNTY, WI CHAPTER 15 PUBLIC PARKLANDS

MIDDLETOWN Park Pavilion Reservation Form

Section 2: Waste Materials and Litter 2.1 No person shall discard or dump on Park District lands or in Park District waters any paper,

TITLE 13 CRIMINAL CODE

ORDINANCE NO TOWNSHIP OF WASHINGTON COUNTY OF WARREN STATE OF NEW JERSEY

CHAPTER 10-4 PUBLIC GROUNDS IN GENERAL

PUBLIC PARKS AND TRAILS

Chapter A143 PARK AND RECREATION RULES

HALIFAX REGIONAL MUNICIPALITY BY-LAW P-600 RESPECTING MUNICIPAL PARKS

ORDINANCE NO NOW, THEREFORE, BE IT ORDAINDED BY the City Commission of the City of Cocoa Beach, Florida:

Article 1. City Parks Article 2. Fairmont Cemetery

PUBLIC PARKS AND SCHOOL GROUNDS REGULATION

THE CITY OF WINNIPEG THE CITY OF WINNIPEG PARKS AND RECREATION BY-LAW NO. 3219/82

ORDINANCE NO. O17-25

City of Wichita Ordinances Concerning Littering and Illegal Dumping

Town of Bristol, Ontario County, New York. This Local Law shall be known as the Town of Bristol Park Use Local Law, Ontario County, New York.

GUIDELINES FOR EVENTS IN MIDLAND COUNTY PARKS.

Birch Run Community Park Rules and Regulations

BERMUDA BERMUDA NATIONAL PARKS REGULATIONS 1988 BR 49 / 1988

BLACK HAWK COUNTY, IOWA, CONSERVATION BOARD RULES & REGULATIONS

CHAPTER 16 PARKS AND RECREATION. Part 1 Park Regulations

PROVINCIAL PARKS (GENERAL) REGULATION

AGENDA REPORT EXECUTIVE SUMMARY:

The Provincial Parks, Protected Areas, Recreation and Antiquities Act

Jackson Township Parks & Recreation Department Park Rules & Regulations

CHAPTER 41: PARKS AND RECREATIONAL AREAS

CHAPTER 10 HEALTH AND SANITATION. Article 10-1 was repealed in its entirety and is superseded by the provisions of new Chapter 21.

CHAPTER 5 CEMETERIES

Rules for Use of Facilities

BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NO. 639

THE CORPORATION OF THE CITY OF PORT COQUITLAM

Proposed amendments to ARD Ordinance #1; Proposed for a first reading on 9/24/15; Final reading on 10/29/15

AREAS (Covered) # OF TABLES CAPACITY FEE $ $ $ $ $ $100

CORPORATION OF THE CITY OF NEW WESTMINSTER PARKS REGULATION BYLAW NO. 3646, EFFECTIVE DATE: November 9, 1959

*Cross references: Administration, ch. 2; offenses and miscellaneous provisions, ch. 22; traffic, ch. 34.

Yavapai-Apache Nation of the Camp Verde Indian Reservation Liquor Code

GENERAL RULES AND REGULATIONS

CITY OF ST. MICHAEL WRIGHT COUNTY, MINNESOTA. ORDINANCE NO. 1703

debris and waste generated from both residential property and commercial property exists within the county; and

City of Palmer Fine Schedule. (Adopted by Resolution No )

THE CORPORATION OF THE TOWN OF AURORA. By-law Number P

CHAPTER 13 CEMETERIES. Article I - Definitions; Application Section 13-1 Definitions Section 13-2 Application of Provisions

Open Space Lands Rules & Regulations Ordinance 03-2, as Amended by Ordinance 17-2

CITY OF HOLDFAST BAY. By-law made under the Local Government Act By-Law No 3 - Local Government Land

Title 9 REGULATIONS FOR USE OF MARIN MUNICIPAL WATER DISTRICT LANDS* Chapter 9.01 GENERAL PROVISIONS

TITLE 12. Chapters: USE OF SIDEWALKS GENERAL USE OF STREETS MEETINGS, ASSEMBLIES AND PARADES EXCAVATIONS 12.

The Corporation of the City of Kenora. By-law Number A By-Law to Regulate Parks in the City of Kenora

Parks and Navigable Waters

DIVISION 30 REST AREAS

SOO LINE TRAIL RULES AND SAFETY REGULATIONS ORDINANCE #14 CARLTON COUNTY, MINNESOTA

Meetings of the park board shall be on a regular basis, and at such times as may be deemed necessary, provided adequate notice is furnished.

Chapter 10. Health and Safety

n/a Legal Department

WARREN COUNTY PARK DISTRICT BYLAWS AND RULES AS AMENDED JULY 31, 1997

City of Urbana POLICIES & PROCEDURES Administrative Regulation 26 City Parks and Recreation Effective January 1, 2019

Beaches Bylaw Date Made: 14 July 2018 Commencement: 01 July Beaches Bylaw 2018 Page 1 A

Table of provisions. Preliminary matters

ORDINANCE NO

BYLAW This Bylaw may be cited as the Strathcona County Parks Bylaw.

ADOPTION CHARTER TOWNSHIP OF HARRISON MACOMB, MICHIGAN ORDINANCE NO. 393

TIPPERARY COUNTY COUNCIL NENAGH TOWN PARK BYE-LAWS

CHAPTER XII. PUBLIC PROPERTY. Article 1. City Parks Article 2. City Cemetery ARTICLE 1. CITY PARKS

Ordinance No. 10- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1.

MANOR BOROUGH PARK PAVILION RENTAL AGREEMENT AND GENERAL RULES & REGULATIONS

ARTICLE II. - HOPE MILLS LAKE DIVISION 1. - GENERALLY. Sec Use of proceeds.

Chapter TITLE XIII: GENERAL OFFENSES 130. GENERAL OFFENSES

TITLE 16 STREETS AND SIDEWALKS, ETC 1 CHAPTER 1 MISCELLANEOUS

CHAPTER 13 MINORS. Article 1. Curfew. Minors under eighteen prohibited on public streets or places during

CITY OF BULLHEAD CITY

Transcription:

ORDINANCE NO. O2017. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, AMENDING CHAPTER 23, ARTICLE V, TEMPE CITY CODE, RELATING TO PRESERVES, BY AMENDING SECTION ---, RELATING TO ------------------;, BY AMENDING SECTION ---, RELATING TO ----------- ----. ********************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, as follows: Section 1. That Chapter 23, Article V, of the Tempe City Code is hereby amended to read as follows: ARTICLE V. - PRESERVES DIVISION 1. - GENERALLY Sec. 23-100. - Scope. (a) The provisions of this article shall apply exclusively to the properties designated by the City Council as a preserve, each and all of which shall be referred to in this article as a preserve. (b) If there is a conflict between the provisions of this article and any other provision of this Code pertaining to parks, the provisions of this article shall prevail. Sec. 23-101. - Purpose. (a) The purpose of a preserve is to establish a preserve of desert land as a habitat for desert vegetation, wildlife and natural resources; and to protect archaeological, paleontological and historical resources and sites, while providing appropriate public access. (b) A preserve will be left in as pristine a state as possible to maintain for this and future generations a nearby natural desert refuge from the rigors of urban life. (c) A preserve will not contain traditional facilities or improvements associated with a public park, but may contain facilities or improvements that the City determines are necessary or appropriate to support its activities. Sec. 23-102. - 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: Page 1

Designated and posted means identified by appropriate signs; or by established physical barriers, including, but not limited to posts, branches or rocks; or by other means reasonably calculated to give notice to the public. Preserve means any real property designated by the City Council as a preserve. Spirituous liquor means alcohol, brandy, 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 percent (>½%) of alcohol by volume or as defined by A.R.S. 4-101, as it may be amended from time to time. Trail means an area or areas of a preserve that have been designated and posted as trails, including historical trails if designated and posted. Trailhead means areas which have been designated and posted as trail access points for a preserve. DIVISION 2. - PRESERVE RULES AND REGULATIONS Sec. 23-110. - Rules for use; criminal penalty. (a) All persons using a preserve shall comply with the following, except as may be specifically authorized by a permit or permits issued as provided in Section 23-112 of this article: (1) No person shall trespass upon or be upon the grounds without the express written permission of the official designated by the Community Services Director, between SUNSET AND SUNRISE the hours of 10:00 p.m. and 6:00 a.m., unless otherwise posted; (2) No person shall possess or consume ILLEGAL DRUGS OR spirituous liquors in a preserve; (3) No motorized vehicles shall be allowed in a preserve when the motor is operating, EXCEPT FOR AUTHORIZED CITY VEHICLES. This provision shall not be construed, however, to prevent the use and operation of a motorized wheelchair by a person who ordinarily uses such equipment, when the person is engaged in activities otherwise permitted in a preserve; (4) No camping, AS DEFINED IN SECTION 23-90 OF THIS CHAPTER, shall be permitted in a preserve as defined in Section 23-90 of this chapter; (5) No person shall remove, deface, damage, disturb or excavate any materials from or in a preserve, or any historical, prehistorical, archaeological, paleontological, or geologic site or feature situated within a preserve, including, but not limited to, plants, rocks, any other earth material, historical or other archaeological resources, such as petroglyphs and dead or decaying plant materials; (6) No person shall deface, damage or inscribe a message, slogan, sign or symbol upon any natural feature in a preserve, including the ground itself, using any material, including paint or markers of any kind; (7) No person shall destroy, dig up, mutilate, collect, cut, harvest or remove any live or dead tree or plant material in or from a preserve; and (8) No person shall dig, remove or excavate any sand, gravel, rocks or soil from within a preserve. (b) 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 Section 1-7 of this Code. Page 2

Sec. 23-111. - Rules for use; civil penalty. (a) All persons using a preserve shall comply with the following, except as may be specifically authorized by a permit or permits issued as provided in Section 23-112 of this article: (1) No person shall park any automobile, truck, motorcycle, motor scooter, motorized play vehicle or motorized skateboard as defined in Sections 19-1(b)(6) and (7) of this Code, or other motor vehicle upon the grounds of a preserve except within specifically designated parking areas during preserve hours, WITH THE EXCEPTION OF AUTHORIZED CITY VEHICLES; (2) No person shall commit any act in a preserve so as to endanger the health and safety of themselves or other preserve users; (3) No person shall use any portion of a preserve for golfing purposes, WITH THE EXCEPTION OF DISC GOLF, IN IDENTIFIED AREAS; (4) No person shall use any portion of a preserve for archery, firearm or other projectile producing devices; (5) No person shall use any water source at a preserve for swimming or bathing, animal swimming or bathing, washing clothes, cleaning fish or other unsanitary activities, except at places designated for such activities; (6) USE OF ROLLING, NONMOTORIZED VEHICLES, INCLUDING BICYCLES, ROLLER SKATES, AND IN-LINE SKATES, IS PROHIBITED WHERE POSTED No person shall operate skateboards, roller skates, in-line skates, bicycles or any rolling (nonmotorized) vehicles in a preserve; (7) No person shall use any sound amplification equipment in a preserve; (8) No fires or cooking are allowed in a preserve; (9) No person shall damage or wastefully or improperly use any city-owned improvements in a preserve. (10) All preserve users must remain on designated and posted trails to prevent damage to the land and all other areas shall be considered "off limits" for any use; (11) No person shall use any preserve facility, or any area in a preserve which has been declared "closed" and which has been so designated and posted by the City; (12) The sale of food, beverages or other merchandise is prohibited; (13) No person shall feed, threaten, harass, disturb or collect wildlife in a preserve; (14) No person shall remove any wildlife from a preserve, or release, abandon, place, bury or otherwise dispose of any animal, carcass or remains of an animal in a preserve; (15) Possession or use of fireworks in a preserve is prohibited; (16) No person shall tether, launch or land a hot air balloon in a preserve, except in the case of emergency; (17) Dogs are restricted to trailheads and designated trails, except dogs being used by city police personnel or other law enforcement officers in the course of their official duties; (18) Dogs must be secured on a leash of not more than six (6) feet at all times while in a preserve. 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 preserve; Page 3

(19) 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 into a trash receptacle or remove them from a preserve. The owner or person in custody of a dog must have in their possession a waste container for pick up purposes; (20) NO SMOKING SHALL BE PERMITTED IN THE PRESERVE No person shall ride a horse or other animal upon the grounds of a preserve except horses being used by city police personnel or other law enforcement officers in the course of their official duties; (21) No person shall throw, deposit or place any commercial or non-commercial handbill in or upon any attended or unattended vehicle parked or located in a preserve, or upon any structure within a preserve; (22) NO PERSON SHALL ERECT ANY TEMPORARY STRUCTURES, INCLUDING TENTS, TARPS AND CANOPIES, IN THE PRESERVE No person shall have a glass beverage container in a preserve; and (23) GAS POWERED OFF-ROAD VEHICLES, REMOTE CONTROL CARS, MODEL AIRCRAFT, AND INCENDIARY MODEL ROCKETS ARE PROHIBITED IN THE PRESERVE No person shall knowingly, intentionally or recklessly litter, or throw, toss or otherwise propel any glass object or container in a preserve; (24) NO GROCERY CARTS, DOLLIES, HAND TRUCKS, PLATFORM TRUCKS, OR WAGONS ARE ALLOWED IN THE PRESERVE; AND (25) NO PERSON SHALL COLLECT FIREWOOD IN THE PRESERVE. (b) All violations under this section are civil and shall be enforced as specified in DIVISION 3 OF THIS ARTICLE Sections 1-7 through 1-11 of this Code. Sec. 23-112. - Permits; exceptions. (a) The provisions of Sections 23-110 and 23-111 shall not apply to persons or groups which have been issued a permit by the Community Services Director, or designee, to engage in such activities. Also the provisions shall not apply to city police personnel or other law enforcement officers, Fire Medical Rescue Department personnel and other city employees in the course of their official duty; or others authorized by the City to perform inspection, repair or maintenance work, persons providing emergency, search and rescue, medical services or others on preserve related business when authorized by the Community Services Director. (b) Any permit issued pursuant to this section must be in the possession of at least one (1) person using a preserve and must be shown upon request. Sec. 23-113. - Authority to establish additional rules and regulations. (a) (b) The Community Services Director shall have the authority to make such additional rules and regulations as are necessary to manage, use, preserve and govern a preserve and the activities that are the subject of this article and shall do so with the assistance of the Parks, Recreation, and Golf, AND DOUBLE BUTTE CEMETERY Advisory Board and, when appropriate, the Historic Preservation Commission. Copies of such rules and regulations shall also be maintained on file in the office of the Community Services Director and at such preserve facilities, as applicable, to which the resolutions and rules and regulations apply. IN ORDER TO BETTER PRESERVE THE NATURAL DESERT ENVIRONMENT OR OTHER UNIQUE CHARACTERISTIC OF A PRESERVE, THE CITY COUNCIL MAY ADOPT A MANAGEMENT PLAN FOR A PRESERVE OR PARTS OF A PRESERVE. Page 4

(c) THE PUBLIC WORKS DIRECTOR AND COMMUNITY SERVICES 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. (d) The provisions of a management plan adopted by the City Council shall be enforced as provided in Division 3 of this Article. DIVISION 3. - ADMINISTRATION AND ENFORCEMENT SEC. 23-121. - COMMENCEMENT OF CIVIL ACTION, CITATION, CONTENTS. ALL VIOLATIONS UNDER THIS ARTICLE ARE CIVIL UNLESS OTHERWISE SPECIFIED, AND SHALL BE COMMENCED BY DELIVERING A CITATION TO THE PERSON RESPONSIBLE FOR THE VIOLATION. SEC. 23-122. - CIVIL FINES AND PENALTIES IMPOSED. (A) THE CIVIL FINE/PENALTY FOR VIOLATING ANY PROVISION OF THIS ARTICLE, UNLESS OTHERWISE SPECIFIED, SHALL BE NOT LESS THAN ONE HUNDRED DOLLARS ($100.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1,000.00). (B) IN ADDITION TO THE AMOUNT OF THE FINE IMPOSED UNDER SUBSECTION (A) ABOVE, THERE IS IMPOSED A DEFAULT PENALTY IN THE AMOUNT OF FIFTY DOLLARS ($50.00) SHOULD THE DEFENDANT FAIL TO APPEAR AND ANSWER FOR A VIOLATION OF THIS ARTICLE WITHIN THE TIME PERIOD STATED ON THE CITATION OR FAILS TO APPEAR AT THE TIME AND PLACE SET BY THE COURT FOR A MATTER ARISING UNDER THIS ARTICLE. (C) THE COURT MAY ENFORCE COLLECTION OF DELINQUENT FINES AND FEES AS MAY BE PROVIDED BY LAW. ANY JUDGMENT FOR CIVIL SANCTION PURSUANT TO THIS CODE MAY BE COLLECTED AS ANY OTHER CIVIL JUDGMENT. SEC. 23-123. - EACH DAY SEPARATE VIOLATIONS. EACH DAY THAT A VIOLATION OF THIS ARTICLE IS PERMITTED TO CONTINUE OR OCCUR BY THE DEFENDANT SHALL CONSTITUTE A SEPARATE OFFENSE SUBJECT TO SEPARATE CITATION PURSUANT TO THE PROVISIONS OF THIS ARTICLE. SEC. 23-124. - HABITUAL OFFENDER. A PERSON WHO COMMITS A VIOLATION OF THIS ARTICLE AFTER HAVING PREVIOUSLY BEEN FOUND RESPONSIBLE BY THE COURT ON THREE (3) SEPARATE OCCASIONS FOR COMMITTING A CIVIL VIOLATION OF THIS ARTICLE WITHIN A TWENTY-FOUR (24) MONTH PERIOD, WHETHER BY ADMISSION, BY PAYMENT OF THE FINE, BY DEFAULT, OR BY JUDGMENT AFTER HEARING, SHALL BE CHARGED WITH A CRIMINAL MISDEMEANOR PURSUANT TO THE GENERAL PENALTIES PROVISION OF SECTION 1-7. THE TEMPE CITY PROSECUTOR IS AUTHORIZED TO FILE A CRIMINAL MISDEMEANOR COMPLAINT IN THE TEMPE MUNICIPAL COURT AGAINST HABITUAL OFFENDERS WHO VIOLATE THIS SECTION. IN APPLYING THE TWENTY-FOUR (24) MONTH PROVISION, THE DATES OF THE COMMISSION OF THE OFFENSE SHALL BE THE DETERMINING FACTOR, IRRESPECTIVE OF THE SEQUENCE IN WHICH THE OFFENSES WERE COMMITTED. Page 5

Section 2. Pursuant to the Tempe City Charter, Section 2.12, ordinances are effective thirty (30) days after adoption or at any later date specified therein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, this day of, 2017. ATTEST: Mark W. Mitchell, Mayor Brigitta M. Kuiper, City Clerk APPROVED AS TO FORM: Judith R. Baumann, City Attorney Page 6