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Home My WebLink About _ 9.6(b)--Adopt ordinance amending RMC Chapter 2.56 � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: June 3,2025 FROM: Travis Menne, Director of ITElVI NO. 9.6(b) Community Services ***APPROVED BY*** b Nri M ;�* xr.xk�� , , ��` � ��.�� ,�„ Tra��s ��nc, �r�c�r��`t��s�n�unit�5��°iccs 5€�2'�ti?�� te�r� �, ;� � �r� ��`28�'?C}�S tmenne@cityofredding.org btippin@cityofredding.org SUBJECT: 9.6(b)--Consider Ordinance amending Redding Municipal Code (RMC) Title 2 (Administration and Personnel), Cha ter 2.56 (Communit Services De artment). Recommendation Authorize and approve the following: (1) Offer an Ordinance amending RMC Title 2 (Administration and Personnel}, Chapter 2.56 (Community Services Department) by amending RMC Sections 2.56.010 (Definitions), 2.56.060 (Approval for use of sound amplification equipment), 2.56.0'70 (Concessions), and 2.56.080 (Smoking), a11 relating to the Community Services Department, for first reading by title only and waive the full reading; (2) Authorize the City Attorney to prepare and the City Clerk to publish the ordinance in accordance with 1aw; and (3) Find that the action is exempt from environmental review under the California Environmental Quality Act Guidelines,pursuant to section 15061(b)(3)—Common Sense Exemption. Fiscal Impact Amending the Redding Municipal Code (RMC}will not impact the General Fund. Alte�native Action The City Council (Council) could choose na� to amend the RMC or provide staff with alternate direction. Backg�ound/AnaZysis The first major proposed amendment to the RMC addresses concession permit requirements for giveaways, services, or other distributions in park facilities. The changes will make giveaway events or activities match the current requirements of the vendor/sales requirements. These changes will place additional requirements for food and clothing giveaways or other free services at facilities, in parks, and in open spaces by requiring a permit from the Director of Community Report to Redding City Council May 28,Z025 Re: 9.6(b)--Adopt ordinance amending RMC Chapter 2.56 Page 2 Services. Currently, these activities can exceed attendee thresholds for permitted events, as well as cause issues with litter, vandalism, interfere with permitted events and activities, and allow user groups to avoid insurance requirements, concession permits, reservations, and deposits. The effort should result in a new system with real accountability for user groups, limiting damage to City of Redding (City) facilities and reduce other RMC violations and disruptions. The second major change would modify requirements for Park permits to obtain Council permission to bypass the City's Noise Ordinance in park facilities. The changes would a11ow the Director of Community Services to approve requests to have amplified sound outside of the current restricted hours exceeding a set decibel limit, rather than the Council. The change is prompted by the needs of the Civic Auditorium and hosting outdoor concerts, which can exceed current noise level restrictions and go later than 10 P.M., violating the existing ordinance. In addition to generating Transient Occupancy Tax and local economic impact, these outdoor events are vital to the Civic Auditorium's success and the community's cultural wellbeing. The changes will remove some risk for the operator and the performer when planning and booking acts, removing some of the red tape by shortening the timeline for event approval and simplifying the process, thereby improving our partnership and enhancing our support for the venue. The third major change is the removal of section 2.56.080 (Smoking), which is duplicative of another existing Municipal Code section, 10.20.080 (Smoking). Municipal Code Section 10.20.080 is more expansive, better defined, and is more enforceable as it includes littering, vaping, and other substances. Environmental Review This is not a project defined under the California Environmental quality Act, and no further action is required. Council PrioNity/City ManageN Goals • This is a routine operational item. Attachments ^Clean Ordinance Title 2 Community Services ^Strikeout Ordinance Title 2 Community Services . ,��, . � _ . �. T ORDINANCE NO. AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING MUNICPAL CODE TITLE 2 (ADMINISTRATION AND PERSONNEL), CHAPTER 2.56 (COMMUNITY SERVICES DEPARTMENT) TI3E CITY COUNCIL OF THE CTTY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Redding Municipal Code Title 2 (Administration and Personnel), Chapter 56 (Community Services Department), is amended to read as follows: 2.56.010 -Definitions. As used in this chapter: "City" means the city of Redding. "City event" means any event under the direct management and control of the department whereby temporary exclusive use of park facilities is utilized for those participating in city recreation programs. "Concession" means the sale or distribution of goods or services approved by a contract or the director pursuant to Section 2.56.0'70 of this code. "Director" means the director of community services. "Department" means the community services department. "Event" means any organized recreation activity. "Park facility" means any body of water, land, trail, open space, archeological site, skate park, building, structure, other appurtenance owned by the city and managed, controlled or operated by the department, including the grounds of the Redding civic auditorium. "Park faeility reservation permit" is a permit issued by the director pursuant to Chapter 2.56 of this code to an individual or group granting permission for the temporary exclusive use of park facilities for an event which is not under the management and control of the city and that may or may not be open to the general public. "Regulation" means posted notice governing the use of park facilities which are not inconsistent with the law contained in this chapter and which promote public health and safety and the preservation of property. "Special event" means an event approved with a special events permit. "Special event permit"means a permit issued by the city clerk pursuant to Chapter 11.44 of this code. 2.56A20-Responsibility for park facilities. The director sha11 be responsible for overall management, control, development and use of park facilities. 2.56.030 - Hours of operation and closure of facilities. A. The director may restrict the hours of operation of park facilities based on the following criteria: 1. Weather conditions; 2. Seasonal recreation activities scheduled or expected to occur at the parks or recreation facilities; 3. Nature or extent of public use of the parks or recreation facilities; 4. Cost effectiveness of operation of the parks or recreation facilities. B. The director, or his or her designee, shall have the authority to close any park facility or portion thereof and require the exit of all persons therein when it is determined that conditions exist in said facility or portion thereof which present a hazard to the facility or to public safety. 2.56.040- Priority of use—Reservation of facilities—Special events. As designated in city's schedule of fees and service charges(available in the office of the city clerk or on-line at the city finance department web page), certain park facilities may be available far temporary exclusive use through issuance of a park facilities reservation per�nit or a special event permit. A. The director shall be responsible for processing of applications for and approval of park facilities reservation permits. Any use of a magnitude, scope or nature that will require the participation of other city departments shall not be eligible for a park facilities reservation permit and shall be considered by the city clerk for issuance of a special events permit pursuant to Chapter ll.44 of this eode. B. Nothing in this section shall be construed as granting any right or entitlement to exclusive use of park facilities. The director may deny any request for a park facilities reservation permit upon determining in writing that: L The proposed activity or use of the park will unreasonably interfere with or detract from the general public enjoyment of the park; or 2. The proposed activity or use will unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation; or 3. The proposed activity or use could reasonably be anticipated to incite violence, crime, or disorderly eonduct; or 4. The proposed activity or use will entail unusual, extraordinary, or burdensome expense or security operation by the city; or 5. The proposed activity will conflict with a city event; or 6. The park facilities desired have already been reserved with another park facilities reservation permit. C. In processing any park facilities reservation permit, the director may impose reasonable conditions or restrictions on the granting the request upon the sponsor/applicant, including, but not limited to, any of the following: 1. Restrictions on fires, fireworks, amplified sound, decibel rating and distance, dancing, sports, use of animals, equipment, or vehicles, the number of persons to be present, the location of any bandstand or stage, ar any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park or public space by others, or of damage to public property; 2. A requirement that the sponsor post a reasonable security deposit for the repair of any damage to park or public property, or the cost of cleanup, or both; 3. A requirement that the sponsor pay any required business license tax or other required fees; 4. A requirement that the sponsor furnish additional sanitary and refuse facilities that might be reasonably necessary based on the use or activity; 5. A requirement that the sponsor shall be liable for any loss, damage or injury to any person or property whatever by reason of the negligence of the person or persons to whom the reservation was granted; 6. A requirement that responsibility for the event shall not be transferable without the written consent of the director; 7. Insurance coverage may be required, if in the opinion of the director the size or scope require insurance coverage. D. All park rules and regulations, including�he provisions of Chapter 10.20 of this code shall be followed and deemed incorporated into the conditions of any park facilities reservation permit,unless expressly waived or modified in writing by the director in granting the park facilities reservation permit. E. Exhibiting Permit. Park facilities reservation permits sha11 be carried by the applicant and available at the event. No person shall fail to produce and exhibit a permit he or she claims to have been issued upon request of any department employee or any peace officer who desires to inspect said permit for the purpose of enforcing compliance with this code. 2.56.050 -Boats. Regulations governing the use of boats within any park facility may be established and posted by the director. Said regulations shall promote the safety of swimmers and boaters, the protection of property, and general public enjoyment of the facility. 2.56.060-Approval for use of sound amplification equipment. A. Within any park facility, except in connection with a city event, no person shall use sound amplification equipment without a park facilities reservation permit from the director. All sound amplification of speech or music of whatever type or kind is prohibited within the confines of park facilities; provided, that between the hours of eleven a.m. and ten p.m. sound amp]ification shall be permitted up to a maximum volume ]evel of seventy-five decibels of sound registered at a distance of fifty yards from the amplification source, as measured on a sound level meter meeting the requirements of the American National Standards Institute, Standard 51.4-1971, for sound level meters, which has its frequeney weighting network set for the 'A'weighting and slow response. The director or their agent may permit sound amplification exceeding seventy-five decibels and outside of the hours of eleven a.m. and ten p.m. upon request and dependent on the conditions. B. Sound amplification, as used in this section, shall not be construed as including a standard automobile radio when used and heard only by the occupants of the vehicle in which it is installed. 2.56.070—Concessions and Distribution of Goods or Services. A. The sale or distribution of goods and services, including but not limited to, food products, apparel, instructional lessons, and entertainment by persons potentially adversely and seriously impacts the use of park facilities for use by the general public for recreational purposes. Any such sales or distributions must be regulated through the use of concession contracts, as permitted by the Director, to ensure that the goods and services will promote the beneficial use of park facilities for recreational purposes. B. A request for consideration of a concession contract as required by this section shall be submitted to the community services director for consideration. Nothing in this section shall be construed as granting any right or entitlement to a concession contract. C. The provisions of this section shall not be deemed to apply to the sale or distribution of newspapers, books, pamphlets, or other activity constituting protected speech under the First Amendment of the United States Constitution or com�parable protections under the California Constitution. Section 2. Severability. If any section, subsection, sentence, clause or phrase of these ordinances is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional,such decision shall not affect the validity of remaining portions of the ordinances. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 3. The passage pf this ordinance is not a "project" according to the definition in the California Environmental Quality Act,and therefore is not subject to the provisions requiring environmental review. Section 4. This Ordinance shall take effect thirty (30} days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 3rd day of June, 2025, and was duly adopted at a regular meeting on the day of , 2025, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JACK MUNNS, Mayor ATTEST: FORM APPROVED: SI-�ARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney DATE ATTESTED: , 2025 � � ,�°� � OLD LANGUAGE: . - � NEW LANGUAGE: �i��°�� AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING MUNICPAL CODE TITLE 2 (ADMINISTRATION AND PERSONNEL), CHAPTER 56 (COMMUNITY SERVICES DEPARTMENT) 2.56.010 -Definitions. As used in this chapter: "City" means the city of Redding. "City event"means any event under the direct management and control of the department whereby temporary exclusive use of park facilities is utilized for those participating in city recreation programs. "Concession" means the sale c�� z�trz�s�t�� of goods or services approved by a contract �r ��ac. �ir�;�°t�ar pursuant to Section 2.56.070 of this code. "Director" means the directar of community services. "Department" means the community services department. "Event" means any organized recreation activity. "Park facility" means any body of water, 1and, trail, open space, archeological site, skate park, building, structure, other appurtenance owned by the city and managed, controIled or operated by the department, including the grounds of the Redding civic auditorium. "Park facility reservation permit"is a permit issued by the director pursuant to Chapter 2.56 of this code to an individual or group granting permission for the temporary exclusive use of park facilities for an event which is not under the management and control of the city and that may or may not be open to the general public. "Regulation" means posted notice governing the use of park facilities which are not inconsistent with the law contained in this chapter and which promote public health and safety and the preservation of property. "Special event" means an event approved with a special events permit. "Special event permit" means a permit issued by the city clerk pursuant to Chapter 11.44 of this code. 2.56.020-Responsibility for park facilities. The director shall be responsible for overall management, control, development and use of park facilities. 2.56.030-Hours of operafion and closure of facilities. A. The director may restrict the hours of operation of park facilities based on the following criteria: 1. Weather conditions; 2. Seasonal recreation activities scheduled or expected to occur at the parks or recreation facilities; 3. Nature or extent of public use of the parks or recreation facilities; 4. Cost effectiveness of operation of the parks or recreation facilities. B. The director, or his or her designee, shall have the authority to close any park facility or portion thereof and require the exit of all persons therein when it is determined that conditions exist in said facility or portion thereof which present a hazard to the facility or to public safety. 2.56.040- Priority of use—Reservation of facilities—Special events. As designated in city's schedule of fees and service charges(available in the office of the city clerk or on-line at the city finance department web page), certain park facilities may be available for temporary exclusive use through issuance of a park facilities reservation permit or a special event permit. A. The director sha11 be responsible for processing of applications for and approval of park facilities reservation permits. Any use of a magnitude, scope or nature that will require the participation of other city departments shall not be eligible for a park facilities reservation permit and shall be considered by the city clerk for issuance of a special events permit pursuant to Chapter 11.44 of this code. B. Nothing in this section shall be construed as granting any right or entitlement to exclusive use of park facilities. The director may deny any request for a park facilities reservation permit upon determining in writing that: 1. The proposed activity or use of the park will unreasonably interfere with or detract from the general public enjoyment of the park; or 2. The proposed activity or use wi11 unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation; or 3. The proposed activity or use could reasonably be anticipated to incite violence, crime, or disorderly conduct; or 4. The proposed activity or use will entail unusual, extraordinary, or burdensome expense or security operation by the city; or 5. The proposed activity will conflict with a city event; or 6. The park facilities desired have already been reserved with another park facilities reservation permit. C. In processing any park facilities reservation permit, the director may impose reasonable conditions or restrictions on the granting the request upon the sponsor/applicant, including, but not limited to, any of the following: 1. Restrictions on fires, fireworks, amplified sound, decibel rating and distance, dancing, sports, use of animals, equipment, or vehic]es, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park or public space by others, or of damage to public property; 2. A requirement that the sponsor post a reasonable security deposit for the repair of any damage to park or public property, or the cost of cleanup, or both; 3. A requirement that the sponsor pay any required business license tax or other required fees; 4. A requirement thar the sponsor furnish additional sanitary and refuse facilities that might be reasonably necessary based on the use or activity; 5. A requirement that the sponsor shall be liable for any 1oss, damage or injury to any person or property whatever by reason of the negligence of the person or persons to whom the reservation was granted; 6. A requirement that responsibility for the event shall not be transferable without the written consent of the director; 7. Insurance coverage may be required, if in the opinion of�he director the size or scope require insurance coverage. D. A11 park rules and regulations, including the provisions of Chapter 10.20 of this code shall be followed and deemed incorporated into the conditions of any park facilities reservation permit,unless expressly waived or modified in writing by the director in granting the park facilities reservation permit. E. Exhibiting Permit. Park facilities reservation permits shall be carried by the applicant and available at the event. No person sha11 fail to produce and exhibit a permit he or she claims to have been issued upon request of any department employee or any peaee officer who desires to inspect said permit for the purpose of enforcing compliance with this code. 2.56.050 -Boats. Regulations governing the use of boats within any park facility may be established and posted by the director. Said regulations shall promote the safety of swimmers and boaters, the protection of property, and general public enjoyment of the facility. 2.56.060-Approval for use of sound amplification equipment. A. Within any park facility, except in connection with a city event, no person shall use sound amplification equipment without a park facilities reservation permit from the director. All sound amplification of speech or music of whatever type o��'kind is prohibited within the confines of park facilities; provided, that between the hours of eleven a.m. and ten p.m. sound amp]ification shall be permitted up to a maximum volume ]evel of seventy-five decibels of sound registered at a distance of fifty yards from the amplification source, as measured on a sound level meter meeting the requirements of the American National Standards Institute, Standard 51.4-1971, for sound level meters, which has its frequeney weighting network set for the 'A' weighting and slow response,��-�._r��--�c�-�� ,� `° �=t��I'he director or '. � �� t}��,�r agent may permit;� ° °�� N �., �: ° sound amplification �� exceeding seventy-five decibels �r�� c�u��i�� af�� t��l�v��_��c�_,t�� t��c��r��s�c �;�d�� c��t9��;��r�d�t��a��n �a '� �� ,�' ��° 1�_ �� c= ° � _....�-�=��- i� ��r�� .�' °��=-��;: "��--��g q„. _, . . . . ,�y' :� '� : ' .�-- .,," 2�-1��:2` :�` ° , ��ti.,�.c.� # g� � �,�=�€:a� ,�TIDa��'�;;�=h C��3�°ti- a�-��v;�=�� _ ��,° y..-��—� �r�--��=k--_� ; �'�-��..�° , �° �' ��t�i--��t� ��=��-.4: , ��-�-,��«:� ° �' ' '.�-� - � h., °.� .� � ¢� �-° . _: =��r��--��_ , .� - _ ; .��~��W , � , -��;�;;�;.�-��=�? k�° �. ��= ��--��-�� ,�_� � .��a��-�~�� a..�..��_ , --� . ��-_��-��-��..�� , ��_��..�: ,�...�� =��ti�xF'+n^r t �a^ E 6 LaS.+ `* . -T ..T .��°�&+ &'6.-�C�'C��tA[awq ��[:6,; 'r�v^ ,C+f Ftv"rv4t+6nr d �c�s rc`-��.. ..; ��l;-c-- ��u u n xc�ac-a=cc--�x�aPa'�, ,��-s�-�, , '"'� ��° '-��-�t�-�� ,.• ��-:��t� -��-��-�� , ��: B. Sound amplification, as used in this section, shall not be construed as including a standard automobile radio when used and heard only by the occupants of the vehicle in which it is installed. 2.56.070—Concessions ��1� ��i�a��:��r� ��"��ds ��° ��°��. A. The sale��ist�°i�a��i��r� of goods and services, including but not limited to, food products, apparel, instructional lessons,and entertainment by persons��...�»��4�;�� °. potentially adversely and seriously impacts the use of park facilities for use by the general public for recreational purposes. Any such sales �a�°c�i��i��zti��a�must be regulated through the use of concession contracts,��=��r��tt��?�t1��T��•��ts�r,�-��a:��9.c� ��sc��„�that the goods and services � ��°�, will promote the beneficial use of park facilities for recreational purposes. B. A request for consideration of a concession contract as required by this section shall be submitted to the community services director for consideration. Nothing in this section shall be construed as granting any right or entitlement to a concession contract, C. The provisions of this section shall not be deemed to apply to the sale or distribution of newspapers, books, pamphlets, or other activity constituting protected speech under the First Amendment of the United States Constitution or comparable protections under the California Constitution. � �:�< � °�� --3� �-. «_" ' - �-��.. �s� ,. m �--�, �, ."�-��_�-�g • < , . . �". � ��--�.. �� ,.� � � . . �' � °'��-w ,� �4�*��: �� . � �� w* � � • i • . • � � Y� � �l • • Y �� • • � �� • • • � � � � # • i • � � • • • � � • • � • • ! • Gp • ! 9q ! • . ,� . . . . . . �� . . . . . �� . . . . � park reservations. . . � . , . . . . . . . . . . . . . . . . . . . � and performers. � St�ear�r� �inesandimprovespar�tnership 2.5�.�80 - S�ol�in� � Re�ov� l ofi section rr�ore adequate�y addressed b� R� C 1a,20.080. . . . �� , . . �`""` Y'� � ' � . ��,,�„�� Authorizethe �it Attorne to �� are � �� `� � v � � �� r�� r� �, r ,� � , . �� r �F �� ardinance. ��X� �� r. u • • • � • fts �':� i ��;. %}�.�r'r�s�4w`}{t3��%t , „ . � t ,„.�i t,a ,r,r,y,��'' �r .�� .,.y,;,Y�Y'�Y�`; �' w �� w� � �.., ; ,� " �.. 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