Chapter 9.08
LIMITATIONS ON USE OF CERTAIN CITY PROPERTY

Sections:

9.08.020    Purpose.

9.08.040    Scope.

9.08.080    Special Event Permit Required.

9.08.100    Limitations on Use of Certain City Property.

9.08.120    City Property Hours of Use.

9.08.130    Fires, Stoves and Barbecues.

9.08.140    Music/Amplification Systems.

9.08.150    Repealed.

9.08.160    Alcohol and Controlled Substances.

9.08.170    Use of Self-Propelled and Motorized Vehicles.

9.08.180    Firearms and Projectiles.

9.08.190    Animals.

9.08.195    Solicitation/Signs.

9.08.200    Vendors/Concessions.

9.08.210    Repealed.

9.08.220    Repealed.

9.08.230    Enforcement.

9.08.240    Repealed.

9.08.020 Purpose.

The purpose of this chapter is to preserve the unique features of certain City property by limiting use of same for casual recreational, educational and cultural activities that do not unreasonably interfere with use by others nor interfere with the quiet enjoyment of adjacent property. [BC 9.08.020, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.040 Scope.

A. The limitations on use of City property provided in this chapter shall apply to:

City Park (1S116AD09100);

West Parking Lot and Greenspace (1S115BC09200);

The City Library premises (1S115BC09300);

The North and South Plaza at the Round (1S116AA0880 and 1S116AA08900).

B. The Mayor may add other City property to the scope of this chapter and shall give notice of same by any means intended to provide actual notice to potential users. [BC 9.08.040, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.080 Special Event Permit Required.

A person who seeks to use any City property within the scope of this chapter for a special event shall make application for same under the provisions of Chapter 7.05 BC. A person may apply for exceptions to the limitations on use provided in this chapter as part of the application for a special event permit. [BC 9.08.080, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.100 Limitations on Use of Certain City Property.

No person present on City property that is within the scope of this chapter shall:

A. Use abusive or threatening language or gestures or commit any act that constitutes an offense against a person or offense against the public as defined by federal, State or local law;

B. Remove, destroy, damage, alter or obstruct any vegetation, land, equipment, materials or supplies;

C. Defecate or urinate, except in a restroom facility;

D. Walk, stand, sit, or climb on any equipment or structure not intended for such purpose;

E. Apply graffiti or possess graffiti implements with the intent of applying graffiti;

F. Dump or leave any rubbish, yard debris or refuse of any type on the property, except in refuse receptacles provided for such purposes;

G. Excavate the surface or place any fixture or structure on the property except for temporary placement of personal property such as chairs, awnings, and tables;

H. Leave personal property unattended;

I. Camp or stay overnight in any vehicle on the property or within a City-owned parking lot adjacent to the property;

J. Engage in any sport activity that involves more than six people;

K. Operate a motorized or flying toy or one propelled by combustion; or

L. Disobey any reasonable direction or order of a City employee or police officer who acts to enforce a provision of this chapter or who gives such direction based on this chapter or who is acting in the course and scope of an emergency. [BC 9.08.100, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.120 City Property Hours of Use.

Use of City property under this chapter is allowed from 7:00 a.m. until 10:00 p.m. [BC 9.08.120, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.130 Fires, Stoves and Barbecues.

The Mayor may allow for the use of outdoor cooking appliances and fixtures at designated locations for designated events. [BC 9.08.130, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.140 Music/Amplification Systems.

No person may use an amplified public address system on City property except as allowed by a special event permit. In no case shall the sound level generated by such use disturb the quiet enjoyment of any neighboring property. [BC 9.08.140, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.150 Model Devices.

[BC 9.08.150, repealed by Ordinance No. 4588, 7/18/12]

9.08.160 Alcohol and Controlled Substances.

No person on City property shall consume any alcoholic beverages except under the terms and conditions of a special event permit. [BC 9.08.160, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.170 Use of Self-Propelled and Motorized Vehicles.

No person on City property shall:

A. Ride a bicycle, skateboard, scooter or use roller skates or in-line skates or other self-propelled device in an area where notice is posted prohibiting such activity;

B. Use a bicycle, skateboard, scooter, roller skates, in-line skates or other self-propelled device at a rate of speed or in a manner that unreasonably endangers persons or property;

C. Use a bicycle, skateboard, scooter, roller skates, in-line skates or other self-propelled device on any surface not intended for travel, including a table, sport court, water fountain, railing, stairwell, entry ramp, planter, sculpture, or other artwork;

D. Leave a bicycle, skateboard, scooter, roller skates, in-line skates, or other self-propelled device where it may obstruct or endanger pedestrian traffic;

E. Operate a motorized vehicle on other than a roadway or parking areas designated for such use by motor vehicles other than when necessary to accommodate a disability;

F. Operate a motorized vehicle carelessly or in a manner that endangers the rights or safety of others. [BC 9.08.170, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.180 Firearms and Projectiles.

No person on City property shall possess, use, or discharge across, on or into the property any weapon or device that threatens bodily injury or property damage or harm to wildlife or natural habitat, nor discharge any projectile by means of compressed gas, air, combustible fuel, or electricity. [BC 9.08.180, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.190 Animals.

No person on City property shall:

A. Release animals, domestic, exotic or native, to run at large;

B. Feed any waterfowl or other wildlife;

C. Do any act constituting cruelty to any animal;

D. Allow an animal to injure or intimidate another animal or person;

E. Allow an animal to cause damage to property;

F. Allow an animal to roam at large or on a leash more than eight feet in length;

G. Fail to keep an animal in the person’s care or custody under control;

H. Fail to immediately remove from the property all solid waste left by an animal under the person’s care or custody; or

I. Tie an animal to any tree or work of art.

The Mayor may exclude domestic animals from City property during special events if and when the public health, safety and welfare so require. [BC 9.08.190, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.195 Solicitation/Signs.

No person shall attach signs, markers, or inscriptions of any type to City property and shall not carry signage in such a way as to threaten or endanger other persons. The Mayor may designate certain areas of City property as limited public forums for the exercise of free speech and expressive conduct. [BC 9.08.195, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.200 Vendors/Concessions.

No person shall operate a fixed or mobile concession or offer or advertise for sale any goods or services on City property except as allowed by a special event permit. [BC 9.08.200, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.210 Assemblies/Meetings.

[BC 9.08.210, repealed by Ordinance No. 4588, 7/18/12]

9.08.220 Reservations.

[BC 9.08.220, repealed by Ordinance No. 4588, 7/18/12]

9.08.230 Enforcement.

The City may enforce the regulations on use of City property provided in this chapter by any lawful remedy available to it, including but not limited to an order excluding the person from the property and a summons and citation for a violation. A person who fails or refuses to leave City property on the lawful order of a City law enforcement officer or another City employee in charge of the premises commits the crime of trespass. [BC 9.08.230, added by Ordinance No. 4565, 5/17/11; amended by Ordinance No. 4588, 7/18/12]

9.08.240 Appeal Procedures.

[BC 9.08.240, repealed by Ordinance No. 4588, 7/18/12]