HomeMy WebLinkAbout732ORDINANCE NO. 732
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
AMENDING CHAPTER 9.16 OF TITLE 9 OF THE CITY OF IRWINDALE
MUNICIPAL CODE TO PROHIBIT VARIOUS ACTIVITIES IN PUBLIC
PARKS AND TO PROHIBIT BASEBALL (HARDBALL) ACTIVITIES IN
PUBLIC PARKS SUBJECT TO ALLOWANCE IF CERTAIN CONDITIONS
ARE SATISFIED
WHEREAS, the City of Irwindale ("City") is authorized by Article XI, Section 5 and
Section 7 of the Constitution of the State of California to exercise the police power of the
State by adopting regulations to promote public health, welfare, safety, and general
prosperity; and
WHEREAS, the Irwindale Municipal Code currently contains Section 9.16.020,
entitled "Prohibited activities," which makes it unlawful for any person to do acts listed in
the Section within the limits of any of the parks or public places of the City; and
WHEREAS, the City Council now desires to amend Section 9.16.020 of the
Irwindale Municipal Code to prohibit various activities in public parks in accordance with
the park regulations signs displayed at the parks; and
WHEREAS, the City Council now desires to prohibit baseball (hardball) activities
in all public parks subject to allowance if certain conditions are satisfied; and
WHEREAS, on January 9, 2019, the City Council held a duly -noticed public
meeting to consider the adoption of this ordinance, considered all testimony and related
documentation supporting the restrictions herein; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
Section 2. Subsection G of Section 9.16.020 of Chapter 9.16 of Title 9 of the
Irwindale Municipal Code is hereby amended to add the term "or by use of any
loudspeaker, sound amplifying equipment, or live music (including bands); except that
such use when part of a City -sponsored event or pursuant to an approved amplified sound
registration statement as required by the provisions set forth in Section 9.28.180 of this
code shall be permitted" and shall now read as follows (deleted text, if any, is show in
strife+h Fe inh; new text, if any, is shown in bold & italics):
"9.16.020 — Prohibited activities.
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Within the limits of any of the parks or public places of the city, it is unlawful for any
person to do any of the following acts:
G. To disturb the peace and quiet by any undue loud or unusual noise, or by
tooting, blowing, or sounding any automobile siren or signal, or by any tumultuous
conduct, or by use of any vulgar, profane or indecent language therein, or by use
of any loudspeaker, sound amplifying equipment, or live music (including
bands); except that such use when part of a City -sponsored event or
pursuant to an approved amplified sound registration statement as required
by the provisions set forth in Section 9.28.180 of this code shall be
permitted;"
Section 3. Subsection J of Section 9.16.020 of Chapter 9.16 of Title 9 of the
Irwindale Municipal Code is hereby amended to add the term "bicycles and scooters" and
shall now read as follows (deleted text, if any, is show in c+rikethre gI , new text, if any,
is shown in bold & italics):
"9.16.020 — Prohibited activities.
Within the limits of any of the parks or public places of the city, it is unlawful for any
person to do any of the following acts:
J. To ride or drive any horse or other animal or propel any vehicle, cycle
(including, but not limited to, bicycles and scooters) or automobile elsewhere
than on roads, trails or driveways provided for that purpose;"
Section 4. Subsection P of Section 9.16.020 of Chapter 9.16 of Title 9 of the
Irwindale Municipal Code is hereby amended to add the term "erect, maintain, or occupy
any tent, lodge, canopy exceeding 12' x 12', structure, temporary or makeshift shelter"
and shall now read as follows (deleted text, if any, is show in strikethrou h, new text, if
any, is shown in bold & italics):
"9.16.020 — Prohibited activities.
Within the limits of any of the parks or public places of the city, it is unlawful for any
person to do any of the following acts:
P. To camp or !edge +haroin' erect, maintain, or occupy any tent, lodge,
canopy exceeding 12' x 12 ; structure, temporary or makeshift shelter,"
Section 6. Section 9.16.020 of Chapter 9.16 of Title 9 of the Irwindale Municipal
Code is hereby amended to add Subsection U and shall now read as follows (deleted
text, if any, is show in strikethFou h, new text, if any, is shown in bold & italics):
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°9.16.020 — Prohibited activities.
Within the limits of any of the parks or public places of the city, it is unlawful for any
person to do any of the following acts:,
U. To ride, operate, or utilize any large recreational apparatus including,
but not limited to, carnival rides, jumpers, trampolines, bounce houses, or
moonbounces, except that such use shall be permitted if part of a City
sponsored event."
Section 6. Subsection Q of Section 9.16.020 of Chapter 9.16 of Title 9 of the
Irwindale Municipal Code is hereby amended to delete the term "(excluding baseball)"
and shall now read as follows (deleted text, if any, is show in strikethrough; new text, if
any, is shown in bold & italics):
"9.16.020 — Prohibited activities.
Within the limits of any of the parks or public places of the city, it is unlawful for any
person to do any of the following acts:
Q. To play, engage in or participate in any game such as hockey, rugby,
cricket, football or other team games involving competitive body contact (ex^,
baseball) except where and when specifically authorized at designated facilities by
the recreation director.
Section 7. Section 9.16.060 is hereby added to Chapter 9.16 of Title 9 of the
Irwindale Municipal Code and shall read as follows:
Section 9.16.060 - Baseball (hardball) in parks.
Recreational baseball (hardball) activity shall be prohibited in all City parks subject
to allowance if the following conditions are satisfied:
A. Participants shall be under the age of thirteen (13). A parent or other adult
family member, legal guardian or coach may participate if he/she is
engaged in baseball practice with the minor.
B. Individuals or groups planning to use City parks for recreational baseball
activity must submit a Facility Use Application and receive approval by the
City Recreation Director. Applicants must provide a certificate of insurance
with the exception of recreation sponsored activities. Upon approval, an
applicant must carry the approved Facility Use Permit with him or her at all
times while on the field.
C. Field preference shall be granted to Irwindale -sponsored baseball leagues.
Section 8. Section 9.16.020 of Chapter 9.16 of Title 9 of the Irwindale Municipal
Code, as amended, and Section 9.16.060 shall become operative on the first day of the
first month following the effective date of this ordinance.
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Section 9. CEQA Exemption. The City Council finds the introduction and
adoption of this ordinance is not subject to the California Environmental Quality Act
("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment.
Section 10. Severability. If any section, subsection, sentence, clause or phrase
of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
Section 11. Certification and Effective Date. The City Clerk shall certify to the
passage and adoption of this ordinance by the City Council of the City of Irwindale and
shall cause a summary of this ordinance to be published in accordance with Government
Code Section 36933, in a newspaper of general circulation which is hereby designated
for that purpose, and this ordinance shall take effect thirty (30) days after its passage.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Irwindale this 9�h day of January, 2019.
Albert F. Ambriz, Mayor
ATTEST:
W i
I,�I Yn - 4J
L ra M. Nieto, CMC
ief Deputy City Clerk
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State of California }
County of Los Angeles } ss.
City of Irwindale }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 732 was duly introduced for first reading at the regular
meeting held December 12, 2018 and adopted at a regular meeting of the Irwindale City
Council held on the 9fr, day of January, 2019, by the following vote of the Council.
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers
Breceda, Burrola, Garcia, Ortiz, Mayor Ambriz
None
None
None
a ra M. Nieto, MMC
beof Deputy City Clerk
Ordinance No. 732
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