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HomeMy WebLinkAbout10.C.1. Amendment to City Code Chapter 14 Regulating and Governing Use of City Parks and Section 5.092 Comsumption and Possession of Alcohol-Ord. No. 862 1 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Jamie Polley, Director of Parks, Recreation & Natural Resources Meeting Date: December 18, 2012 Subject: Amendment to the City Code Chapter 14, Regulating and Governing the Use of City Parks and Section 5.092, Consumption and Possession of Alcoholic Beverages - Ordinance No. 862 ACTION SOUGHT The City Council, if concur, adopt Ordinance No. 862, amending Chapter 14 of the Shakopee City Code, Regulating and Governing the Use of Parks and amending Section 5.092 of the Shakopee City Code dealing with consumption and possession of alcoholic beverages. INTRODUCTION This agenda item seeks review and discussion of text amendments to City Code Chapter 14, Regulating and Governing the Use of Parks and City Code Section 5.092 dealing with the consumption and possession of alcoholic beverages. DISCUSSION The PRAB began the discussion of revising the City Code Chapter 14, Regulating and Governing the Use of Parks at their September Meeting. The PRAB directed staff to review the park ordinances of surrounding communities and bring back additional changes to the City's code for further discussion. The PRAB felt that the current ordinance needs to be updated based on the growth of the community and current issues that have come to the attention of City staff specifically pertaining to the sale of services in the parks. Ordinance No. 862 reflects the PRAB's recommended changes to the City code Chapter 14. The Council is asked to consider the PRAB's recommendations and discuss the revisions to this chapter. The following are the preliminary text amendments that are recommended: • Changing the delegated agency from Community Services to Parks, Recreation and Natural Resources. • Adding a subdivision for permits • Adding a subdivision for use of motorized vehicles • Clarifying the camping restrictions • Including the authorized use of bow and arrows in areas designated by the Council, i.e. Archery Range. • Including language consistent with City Code Chapter 10, Sec 10.21, Subd. 8 pertaining to removing pet feces. • Added more concise language pertaining to Sales /Solicitation /Advertising. • Revised the section pertaining to alcoholic beverages to allow beer and wine in excess of 3.2 beer in designated areas of the City parks (This revision also requires a revision to Chapter 5, Section 5.092). • Added subdivisions to cover wildlife, structures and encroachments. • References City Code Chapter 10, Sec 10.63 for parades and races. Following the PRAB's recommendation, the recommended revisions were reviewed by the Department Heads and the City Attorney. Minor changes were made based on the feedback from the City Attorney. ATIONSHIP TO VISION N. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. ION REQUESTED City Council, if concur, 1. Adopt Ordinance No. 862, An Ordinance of the City of Shakopee Amending Chapter 14 of the Shakopee City Code Regulating and Governing the Use of City Parks and Amending Section 5.092 of the Shakopee City Code Dealing with Consumption and Possession of Alcoholic Beverages. ?. Approve the Official Summary of Ordinance No. 862 and approve the publication of Ordinance No. 862 by the Official Summary. � e� i 5ed � ��C � � . ORDINANCE NO. 862 FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING CHAPTER 14 OF THE SHAKOPEE CITY CODE REGULATING AND GOVERNING THE USE OF CITY PARKS AND AMENDING SECTION 5.092 OF THE SHAKOPEE CITY CODE DEALING WITH CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1. Chapter 14 of the City Code is amended to read as follows: Sec 14.01. Parks Defined For�e the purposes of this Chapter the words "park" or"parks" shall mean a park, parkway, greenwa,y, trail, playground, athletic field, swimming pool, recreation center or other area in the City, owned, leased or used, wholly or in part, by the City for recreational purposes and for such uses that are normally associated with parks. Sec 14.02. Activity Scheduled in Parks. The City parks are intended for the benefit of all. To facilitate maximum, uniform and orderly usage of park facilities, the Shakopee Parks Recreation and Natural Resources Department �'�mm„r;*�, c�r�,;^�is delegated as the agency to coordinate and schedule the use of park areas and facilities. Sec 14.03. Regulations The following regulations shall apply to all City parks unless otherwise specified: Subd. 1. Speed Laws. It is unlawful for any person to operate a motor vehicle in any park at a speed in excess of 15 miles per hour except an emergency vehicle. Subd. 2. Parking. It is unlawful for any person other than park personnel to park any motor vehicle in any place in a public park except in designated areas or to operate any motor vehicle in any place except on established roads, driveways or parking areas. Subd. 3. Hours. It is unlawful for any person to be or remain in any park between the hours of 10:00 o'clock P.M. and 6:00 o'clock A.M. except those who, without delay, are traveling through the parks on established walks, paths or streets, or are in activities that have been scheduled-throu�h the Parks Recreation and Natural Resources Department.�e�-C�' }� ^��*��. Overnight parkin� in anypark is �rohibited without specific approval from the Shakopee Parks Recreation and Natural Resources Department or the Shakopee Police Department. Subd. 4. Camping. n �,+ •+� a ni. „ �i,o ��_a ,,. a � „�, b r b r � *' '*' a „^�*°�?. No person shall set uptents shacks ar any other temporary shelter, nor 416166v1 JJT SH155-23 1 shall anv person leave in anv park after closing hours any movable structure or special vehicle, such as a house trailer, camp trailer, camp wagon or the like, without permission of the Parks, Recreation and Natural Resources Department. Subd. 5. Building of Fires. It is unlawful for any person to light or malce fires in any park except in places and in containers intended for such purposes. This section does not apply to City employees engaged in cleanings e�-maintaining the areas, or special events. Subd. 6. Firearms or Bow and Arrows. It is unlawful for any person or persons to discharge any firearm in a park without first securing specific approval from Shakopee Parks, Recreation and Natural Resources Department �'^mm„�;+" c°r�,;^°� and a permit from the Chief of Police. This subdivision shall not ap�ly to the use of a bow and arrow in a rang,e authorized by the Council. Subd. 7. Littering. It is unlawful for any person to cast, deposit, throw, lay, place or scatter any lighted or unlighted cigars or cigarettes, chewing gum, chewing gum wrappers, glass, bottles, cans, nails, wire, crockery or other sharp or cutting substances, or any refuse matter of any kind anywhere, except in refuse containers provided for this purpose. Live charcoal coals and ashes shall be deposited only in containers designated for this purpose. Subd. 8. Swimming and Bathing. Swimming and bathing will be permitted only in designated and posted areas. Subd. 9. Dangerous Games. It is unlawful for any person to play any game of baseball, tackle football, golf, hockey or other games dangerous to the welfare of other persons and property except in areas provided for this purpose. �„�' �� „��+°� Subd. 10. Vandalism. It is unlawful for any person to write upon, skate upon, mark, destroy or otherwise deface in any way any property or thing pertaining to or in said parks. It is also unlawful for any person to paste or affix or inscribe any handbill or poster on any structure or property within any park or on any road or roadway adjacent thereto, or to break, cut, mutilate, injure, remove or carry away any tree, plant, flower, shrub, rock, soil or any other park property except in the case of City personnel engaging in maintenance or development thereof. Subd. 11. Control of Pets. No pets shall be allowed in any park except when they are under control on a leash or confined. It is unlawful for any person to ride a horse or other animal within a cit�park � * ~ �'°^;rt„�*°�' +"n;'", ""+'�°, °"'� "'°'°, or to disturb or interfere with any wildlife. The person havin� control of the leashed �et shall immediately remove any feces left by the pet The person in control of the�et must have in their possession equipment for pickin� up and removin� the feces. Subd. 12. Sales/Solicitation/Advertisin�. It is unlawful for any person or persons other than City personnel to solicit,se�-sell or offer any article=-e�product, or service in any park without a permit from Shakopee Parks Recreation and Natural Resources Department�==t� ��es. 416166v1 JJT SH155-23 2 Subd. 13. Repealed. Subd. 14. Tennis Courts. It is unlawful for any person to ride bicycles, scooters, skateboards, rollerblades/skates or any other vehicle on the tennis court or drive them thereon or use the courts for any other purpose than playing tennis without specific pennission from Shakopee Parks, Recreation and Natural Resources Department�'^mm„^;*�, c°r.,;^°� Subd. 15. Ice Skating Rinks. Ice hockey will only be permitted on rinks posted for hockey. No hockey sticks or pucks, sleds or toboggans-shall be allowed on any other park rink. No vehicle of any kind excepting those used by City personnel will be allowed on any skating area. Subd. 16. Alcoholic Bevera�es. It is unlawful for an�person to serve, possess, or consuine liquor except beer or wine (included in this exception is beer which contains in excess of 3.2 percent of alcohol by wei�ht) in any area of a Cit�park except in a picnic, �randstand or shelter area or where permission has been specificall�granted or licensed by the Council• to possess a beer ke� or serve or consume beer from a beer ke� unless a special permit has been obtained from the Parks Recreation and Natural Resources Department. Subd. 17. Wildlife. It is unlawful for an�person,_except authorized Cit�personnel, to kill,hunt, trap pursue catch or remove any wildlife except as may be authorized through a permit. Subd. 18. Structures. It is unlawful for an�person to construct or place any type of structure includin� but not limited to tranlpolines deer stands ground blinds, pla�houses, treehouses, temporary starage buildinas motorcycle or bicycle launches, temporary shelters, tents, tarps, canopies or other such devices upon park land without a permit. Subd 19. Encroachments. It is unlawful for any_person to encroach on park property with such items as fences �ardens lawi�/yard waste other personal property, or to disturb the natural landscape ve�etation or structures on park property or otherwise use park property for private use All setbacks and other local zoning re�ulations are in effect and apply a�ainst properties adjacent to Cit�parks as they would be a a�inst property adlacent to private property. Subd 20 Golf It is unlawful far an�person to drive putt or in any other manner, play or practice �olf in a cit�park. Subd. 21. Parades and Races. See City Code Chapter 10, Sec 10.63. Subd 22. Permits A permit shall be obtained from the Shakopee Parks Recreation and Natural Resources Department before participating in any organized activity. Some examples are the following_(Insurance requirements mav apply). 1. Carnivals 2. Community celebrations or events open to the public 3. Parades 4. Amplified or live music 5. Large Barbeques (i.e. Pi r�oasts) 6. Dunk tanks 416166v1 JJT SH155-23 3 7. Weddings 8. Inflatables 9. Car shows 10. Contests and exhibitions, including, among other things, those that require exclusive use or char�ina admission. 11. Wildlife/Animals The proposed activity or use shall not be contrary to the policies and �uidelines for community use of parks and recreation rental facilities as determined by the Shakopee Parks, Recreation and Natural Resources Department This section does not appl t�o City run events. Subd 23. Motorized Vehicles. It is unlawful for an�person or persons to operate a motor vehicle in any area other than a street roadway or parkin� area; or operate any recreational motor vehicle in an area other than an area designated by the City. This section does not appl ty o City employees enga�ed in cleaning or maintainin� the areas. SECTIONS 14.04— 14.98. (RESERVED) Sec. 14.99. Violation a Misdemeanor. Every person violates a section, subdivision, paragraph, or provision of this Chapter when that person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions thereof. Section 2. City Code Section 5.092 is amended to read as follows: SEC. 5.092. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON STREETS, PUBLIC PROPERTY, PRIVATE PARHING LOTS TO WHICH THE PUBLIC HAS ACCESS, AND OTHER PRIVATE PROPERTY. Except as otherwise provided for in Section 14.03, Subdivision 16 of this Code, �it is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any (1) City park, (2) street, (3)public property,or(4)private parking lot to which the public has access, except on such premises when and where permission has been specifically granted or licensed by the Council. It is also unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any private property of another which is not a private parking lot to which the public has access,without a specific oral or written invitation or permit to do so from the owner, lessee, or other person in lawful possession of such property. Provided, that this Section shall not apply to the possession of an unsealed container in a motor vehicle when the container is kept in the trunk of such vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motar vehicle is not equipped with a trunk. For the purpose of this Section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. Provided, however,that it is not a violation 416166v1 JJT SH155-23 4 of this Section to consume or possess in an unsealed container any 3.2 percent malt liquor in a City park where such possession and consumption is in a picnic, grandstand or shelter area. Provided further,however,that this exception pertaining to 3.2 percent malt liquor does not apply during the time for which the City has issued a temporary 3.2 percent malt liquor license in conjunction with a civic or community event being held at a City park. Section 3 - Summarv Anaroved The Citv Council determines that the text of the summarv ordinance marked "Official Summarv of Ordinance No. 862" clearlv informs the aublic of the intent and effect of the ordinance The Citv Clerk shall publish the title of this ordinance and the official summarv in the official newsnaner with notice that the nrinted conv of the ordinance is available for insnection bv anv nerson durin� re�ular office hours at the office of the Citv Clerk and Shakonee Librarv. Section 4. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 18t" day of December, 2012. Mayor of the City of Shakopee ATTEST: City Clerk (New language is indicated by underlining and deleted language is indicated by °*r�'�°+'�r�„^'��) Published in the Shakopee Valley News on the day of , 2012. 416166v2 JJT SH155-23 5 Official Summarv of Ordinance No. 862 The follo��ing is the officia( summary of Ordinance No. 862 Fourth Scries, A�praved by the City Cauncil of the City of Shakopee, Minnesota on I)ecember 18,2012. OIZDINAN(~E l�t�. 8G2 FOURTH SERTFS AN� OTtllINANC�OF THE CITY OF SH�KOFEE AM�NDING CHAPTER 14 OF THF SHAKOF'EE C1T1'CODE ItEGUI.ATIi�'G AND GOVEIZ'�'ING THr USF.,OF CITY PARICS AND AVI�NDING S�CTION 5.092 OF TIiC SEIAKOP�E C1TY CODE DE�LI:NG �VI'1'I1 CONSUI��IYT'InN A:V�)POSSESSION OF ALCO��OLIC BrVERAGES l. Tlle Ordinance amends C�`l�aptcr 14 of the City Code by changing tlie regulations regardivg the use of C'ity Yarks t��iih i-cspect to such things as tlze control of pets, t(ze possession and consumption of alcoholic beverages, the hunting of ���ildlife, and the placement of structures on park property. 2. '1 he Ordin��nce also amends Section 5.092 af the City Code relating to the possession and consumption of alcoholic bevera�es in City parks. A printed eo�py �f the ordinance is a��ailable for iilspection by ai�y persoza at the office of the City Clerk ancl at the Shakopee Library.