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HomeMy WebLinkAbout3052 OrdinanceORDINANCE NO. AN ORDINANCE concerning the public use of City parks, their closure and penalties for violations, and amending Chapter 9 48 of the Pasco Municipal Code WHEREAS, the City Council has determined after considering input from citizens, its police department, the Park and Recreation Advisory Board, and its Director of Parks and Recreation that the public health, safety and welfare would best be served by an earlier closure of City parks to general public use, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. Section 948 010 of the Pasco Municipal Code is hereby amended as shown below (new language is underlined and deletions are shown by interdelmeation) to read as follows 948 010 HOURS/CLOSURE Except as provided below, all city parks shall open at six a m for public use, and close at -midnight ten o'clock p m each day It is unlawful for any person to be or remain in or upon City Park property during the hours of closure without a permit as provided below In the event the conditions present or the activities occurring at a city park constitute a nuisance, a temporary complete or partial closure of a city park may be declared by the mayor Such closure may include the prohibition of parking on any city streets immediately adjacent to or in the vicinity of the park The mayor shall set forth his declaration of closure in writing, setting forth the specific conditions or activities which, in his determination, constitute a public nuisance The determination of the mayor shall be reviewed by the full city council at its next regularly scheduled meeting, or at a special meeting called for such purpose, at which time the city council, by resolution, shall either affirm the action of the mayor, reopen the park, or place its own conditions upon the closure of the park or its hours of operation Prior to the next regularly scheduled city council meeting, the mayor may rescind or amend his declaration of park closure The city council may also act by resolution to close a park without the prior emergency action of the mayor §2. New Section 9 48 025 is hereby added to the Pasco Municipal Code as shown below to read as follows 9 48 025 USE OF PARK PROPERTY (OUTSIDE OF BUILDING) - PERMIT Permits for the use of park property (outside of a building) may be issued by the Director of Parks and Recreation for hours beyond the closing time set forth in this chapter and such terms and conditions as the Director of Parks and Recreation may determine appropriate to accommodate for organized recreation activities otherwise permitted on park property that cannot be fully accommodated during regular hours §3. Section 9 48 030 of the Pasco Municipal Code is hereby amended as shown below (new language is underlined and deletions are shown by interdelmeation) to read as follows 9 48 030 PENALTY FOR VIOLATION Anyone found in violation of this chapter shall be punished by a fine of not more than five hundred dollars or six months in jail, or by both such fine and imprisonment is guilty of trespass in the first or second degree as set forth in chapter 9 52 of this Code and subject to the penalties provided therein §4. This Ordinance shall take effect five (5) days after passage and publication Passed by the City Council of the City of Pasco, at a regular meeting this 3rd day of October, 1994 City of Pasco: jc6L e Felice Mayor Attest: Catherine D Seaman Deputy City Clerk Ordinance No 3C5 Page Two IIIlII IIIIlIJJIIlHIIIIIIIIIIIII HIPIiI FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 October 4, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3048-3052 on the following date October 9, 1994 Please send two (2) Affidavits of Publication for each Thank you, Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included COUNTY OF BENTON STATE OF WASHINGTON , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a 1791 Ordinance No_ 3052 A as it was printed in the regular and entire issue of thl Tr-City Herald itself and not in a supplement thereof, time(s), commencing on _104_9 gt, , and ending on 10/09/9/i , and that said newspaper was regulary distributed to its subscribers during all of this period Carla Alford SUBSCRIBED AND SWORN BEFORE ME THIS ( 1 DAY OF , /go, 4- Notary ublic in and for the State of Wash- ington, residing at , / COMMISSION EXPIRES 7- -0:00 BO X P 0 BO 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 Iff0A1 ADVE277001102 INVOICE SOLD TO Pasco, City of Legals P.O Box 293 Pasco WA 99302 DATE 10/09/94 LEGAL NO #1791 ACCOUNT NO 50550 DESCRIPTION 1791 Ordinance No 3052 TIMES 001 INCHES 11.70 TOT211$. 125 37 NOTICE ORDINANCE NO 3052 , AN ORDNANCE concern-j ing the f,ublic u::,e of City: parks their closure and penalties for violations and amending Chapter 9 48 of the Pasco Municipal Code WHEREAS the City Coun- cil has determined after considering input from citi- zens its police department the Park and Recreation I Advisory.Board and its Di rector of Parks and Re- creation that the public health safety and welfare would best be served by an earlier closure of City parks to general public use now therefore THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS §1 Section 9 48 010 of thei Pasco Municipal Code is hereby amended as shown below (new language is un- derlined and deletions are shown by interdelineation) to read as follows 9 48 010 HOURS/ CLOSURE Except as pro- i vided below all city parks' shall open at six a m for public use and close at ten o clock p m each day It is unlawful for any person to be or remain in or upon City Park property during the hours of closure without a permit as provided below In the event the conditions i present or the activities oc- curring at a city park con stitute a nuisance a tem- porary complete or partial closure of a city park may be declared by the mayor Such closure may include the prohibition of parking on any city streets immedi- ately adjacent to or in the vicinity of the park The mayor shall set forth his declaration of Glosure in writing setting forth the specific conditions or activ ities which in his deter mination constitute a pub- I i c nuisance The determination of the mayor shall be reviewed by the full city council at its next regularly scheduled meet mg or at a special meeting called for such purpose at which time the city council by resolution shall either affirm the action or the mayor reopen the park or place its own conditions upon the closure of the park or its hours of opera ton Prior to the next reg- ularly scheduled city coun- cil meeting the mayor may rescind or amend his dec laration of park closure The city council may also act by resolution to close a park without the prior emer- gency action of the mayor §2 New Section 9 48 025 is hereby added to the Pasco Municipal Code as shown below to read as follows 9 48 025 USE OF PARK PROPERTY (OUTSIDE OF BUILDING) - PERMIT Permits for the use of park property (outside of a building) may be issued by the Director of Parks and Recreation for hours be- yond the closing time set forth in this chapter and such terms and conditions as the Director of Parks , and Recreation may deter- mine appropriate to accom- modate for organized re- creation activities otherwise permitted on park property that cannot be fully accommodated during regular hours §3 Section 9 48 030 of the Pasco Municipal Code is hereby amended as shown below (new language is un derlined and deletions are shown by interdelineation) to read as follows 9 48 030 PENALTY FOR VIOLATION Anyone found in violation of this chapter is guilty of trespass in the first or second degree as set forth in chapter 9 52 of this Code and subject to the penalties provided therein §4 This Ordinance shall take effect five (5) days after passage and publica- tion Passed by the City Council of the City of Pasco at a regular meeting this 3rd day of October 1994 City of Pasco s Joyce DeFelice Mayor Attest s Catherine D Seaman Deputy City Clerk Approved As To Form s Greg A Ruba_91Io City Attornoy #1791 - 10/9/94 This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AO:FOAMY OF PUSE31110AY11005 OCT 2 4 1994 AN AN CE DEPT, < TRANSACTION REPORT > 10-04-1994(TUE) 09 43 C -7- F2 A N1 S r-i I --r- J NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 4778 10-04 09 36 15095821453 18 0°06'38 NORM E OK 18 0°06 38 AGENDA REPORT NO. FOR: City Council DATE- September 21 ,1994 TO. Gary Crutchfiel ager Regular 9/26/94 10/3/94 FROM Dick Erickson, l5ixector of Parks SZ Recreation SUBJECT: PARKS CLOSING HOURS I. REFERENCE(S). (List only those attached) a) Letter from Tom Brandon, Chairman Parks SZ Recreation Advisory Council B) Ordinance. II ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION MOTION: I move to a(9opt Ordinance No. , concerning public use of city parks, their closure and penalties for violations, and amending Chapter 9.48 of the Pasco Municipal Code. HL FISCAL IMPACTS. (Capital Outlay) IV. HISTORY AND FACTS BRIEF The hours that City parks are currently closed are 12 00 midnight to 6 00 a m Because of increased vandalism, illegal activity and lack of public need, there has been support for an earlier closing time V. DISCUSSION The idea of closing all City parks at an earlier hour than the current 12 00 midnight has been discussed by City Council, Parks & Recreation Advisory Council and City staff The Police Department recommends an earlier closmg time to assist with law enforcement At the September Park Board meeting this item was again discussed in great detail The Board recommends that effective as soon as possible, the closed hours be changed to 10 00 p m to 6 00 a m The main concern was for Parks and Recreation Department sponsored or authorized activities that will extend beyond 10 00 p m It was felt that permission be given for these (ballgames, Senior Citizen dances, etc ) to remain, and that an administrative procedure be enacted that would permit these activities VI. OTHER DISCUSSIONS VII. ADMINISTRATIVE ROUTING: E(0,) .A111111111111111.1111 CIT Y OF - PASCO': PARKS AND RECREATION DEPARTMENT (509) 545-3456 / Scan 726 3456 / FAX (509) 545 3455 P 0 BOX 293, 1125 NORTH 4TH STREET, PASCO, WASHINGTON 99301 1111111111 1111111111111111Poro September 6, 1994 Joyce DeFehce, Mayor Pasco City Council PO Box 293 Pasco WA 99301 Dear Mayor DeFelice and Council Members At the September 1 Parks and Recreation Advisory Council Meeting the Council voted unanimously to recommend to you that park closure hours for all park buildings and grounds be at 10 00 p m Exceptions could be granted by the Parks & Recreation Department if is a regularly scheduled, authorized activity such as Senior Citizen dances or night athletic events We look forward to working with you on this recommendation and feel it would be of benefit to our community Sincerely, HR.:61g,6 t Tom Brandon Chairman Parks & Recreation Advisory Council