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HomeMy WebLinkAboutOrdinance - 2488 - Amend Title 2 & Title 10 .D .>0 e e SUMMARY OF CITY OF REDDING ORDINANCE NO. 2488 The following is a summary report of the City of Redding's Ordinance No. 2488, an ordinance of the City Council of the City of Redding amending the Redding Municipal Code by repealing, adding or amending various sections as noted below. The proposed Ordinance was introduced and read by the Redding City Council on October 2,2012, and will be considered for adoption at its next regular meeting. SUMMARY BY CHAPTER AND CODE SECTION Chapter 2.55 Community Services Advisory Commission 2.55.120. Use of park and recreational facilities-Permits, agreements. Repealed Chapter 2.56 COMMUNITY SERVICES DEPARTMENT [Added] 2.56.010 Def'mitions. Added Definitions. 2.56.020 Responsibility for Park Facilities. The Director shall be responsible for Park Facilities. 2.56.030 Hours of Operation and Closure of Facilities. The Director may restrict the hours of operation of Park Facilities. 2.56.040 Priority of Use - Reservation of Facilities - Special Events. The Director shall be responsible for processing of Park Facilities Reservation Permits. 2.56.050 Boats. The Director may establish regulations governing the use of boats within any Park Facility. 2.56.060 Approval for Use of Sound Amplification Equipment. Specifies limitations on use of sound equipment in Park Facilities. 2.56.070 Concessions. The Director may approve concessions by contract. 2.56.080 Smoking Smoking any substance in or upon any Park Facility is not permitted. , ~, r.> e e Chapter 10.20 Public Parks Prohibited Activity [Repealed and Re-enacted} 10.20.010 Definitions. 10.20.020 Purpose. The purpose of this Chapter is to establish regulations for use of Park Facilities. 10.20.030 Time of Use of Park Facilities. Times to be posted. 10.20.040 Interference with City Event, Special Event, Park Facilities Reservation Permit or Concession. No person shall interfere with with any City Event, Special Event, Park Facilities Reservation Permit or Concession. 10.20.050 Exhibiting Park Facilities Reservation Permit. Must exhibit permit. 10.20.060 Selling and Advertising. Unlawful to sell any merchandise, service, or property in Park Facilities. 10.20.070 Refuse. No person shall dump or litter in Park Facilities. 10.20.080 Smoking. Smoking of any substance is not allowed in or upon any Park Facility. 10.20.090 Consumption of Alcoholic Beverages. No person shall consume any alcoholic beverage except a specified. 10.20.100 Fires. No fires except in a barbecue cooker. 10.20.110 Fireworks. No firecracker or fireworks, except City approved Special Events. 10.20.120 Firearms, Air Guns, Other Weapons. No weapons in Park Facilities. 10.20.130 Animals. With limited exceptions, no animals may be harmed and no animals may be brought into Park Facilties. 10.20.150 Motorized Vehicles. May only use motorized vehicles in designated locations. 10.20.160 Prohibited Uses on Trails and Sidewalks. 10.20.170 Golf Restrictions. No golfing, except on an established public golf course or driving range. 10.20.180 Sound Amplification Equipment. No sound amplification without permission as specified in Section 2.56.060 of this Code. Dated: October 5, 2012 -..-" e e SUMMARY OF CITY OF REDDING ORDINANCE NO. 2488 The following is a summary report of the City of Redding's Ordinance No. 2488, an ordinance of the City Council of the City of Redding amending the Redding Municipal Code by repealing, adding or amending various sections as noted below. SUMMARY BY CHAPTER AND CODE SECTION Chapter 2.55 Community Services Advisory Commission 2.55.120. Use of park and recreational facilities-Permits, agreements. Repealed Chapter 2.56 COMMUNITY SERVICES DEPARTMENT [Added] 2.56.010 Dermitions. Added Definitions. 2.56.020 Responsibility for Park Facilities. The Director shall be responsible for Park Facilities. 2.56.030 Hours of Operation and Closure of Facilities. The Director may restrict the hours of operation of Park Facilities. 2.56.040 Priority of Use - Reservation of Facilities - Special Events. The Director shall be responsible for processing of Park Facilities Reservation Permits. 2.56.050 Boats. The Director may establish regulations governing the use of boats within any Park Facility. 2.56.060 Approval for Use of Sound Amplification Equipment. Specifies limitations on use of sound equipment in Park Facilities. 2.56.070 Concessions. The Director may approve concessions by contract. 2.56.080 Smoking Smoking any substance in or upon any Park Facility is not permitted. Chapter 10.20 Public Parks Prohibited Activity [Repealed and Re-enacted} 10.20.010 Dermitions. 10.20.020 Purpose. The purpose of this Chapter is to establish regulations for use of Park Facilities. 10.20.030 Time of Use of Park Facilities. Times to be posted. ....--- '.. e e 10.20.040 Interference with City Event, Special Event, Park Facilities Reservation Permit or Concession. No person shall interfere with with any City Event, Special Event, Park Facilities Reservation Permit or Concession. 10.20.050 Exhibiting Park Facilities Reservation Permit. Must exhibit permit. 10.20.060 Selling and Advertising. Unlawful to sell any merchandise, service, or property in Park Facilities. 10.20.070 Refuse. No person shall dump or litter in Park Facilities. 10.20.080 Smoking. Smoking of any substance is not allowed in or upon any Park Facility. 10.20.090 Consumption of Alcoholic Beverages. No person shall consume any alcoholic beverage except a specified. 10.20.100 Fires. No fires except in a barbecue cooker. 10.20.110 Fireworks. No firecracker or fireworks, except City approved Special Events. 10.20.120 Firearms, Air Guns, Other Weapons. No weapons in Park Facilities. 10.20.130 Animals. With limited exceptions, no animals may be harmed and no animals may be brought into Park Facilties. 10.20.150 Motorized Vehicles. May only use motorized vehicles in designated locations. 10.20.160 Prohibited Uses on Trails and Sidewalks. . 10.20.170 Golf Restrictions. No golfing, except on an established public golf course or driving range. 10.20.180 Sound Amplification Equipment. No sound amplification without permission as specified in Section 2.56.060 of this Code. Ordinance No. 2488 was introduced and read at a regular meeting of the City Council of the City of Redding on the 2nd day of October 2012, and was duly read and adopted on the 16th day of October 2012, at a regular meeting of the City Council by the following vote: Ayes: Noes: Absent: Abstain: Council Members: Bosetti, McArthur, Sullivan & Dickerson Council Members: Jones Council Members: None Council Members: None A complete copy of Ordinance No. 2488 is on file and available for review in the Office of the City Clerk. Dated: October 22,2012 1/ e e ORDINANCE NO. 2488 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) BY AMENDING CHAPTER 2.55 (COMMUNITY SERVICES ADVISORY COMMISSION) BY REPEALING SECTION 2.55.120 AND ADDING CHAPTER 2.56 (COMMUNITY SERVICES DEPARTMENT) AND SECTIONS 2.56.010 THROUGH 2.56.080; AMENDING TITLE 10 (PUBLIC, PEACE AND MORALS) SECTION IV (OFFENSES AGAINST PUBLIC PEACE) BY REPEALING CHAPTER 10.20 (PUBLIC PARKS -PROHIBITED ACTIVITIES) SECTION 10.20.010 THROUGH 10.20.080 AND REPLACING WITH NEW SECTIONS 10.20.010 THROUGH 10.20.200; AND AMENDING TITLE 11 (VEHICLES AND TRAFFIC) CHAPTER 11.44 (SPECIAL EVENTS) BY AMENDING SECTIONS 11.44.010A AND SECTION 11.44.020 AND REPEALING SECTION 11.44.030 ALL RELATING TO REGULATION OF ACTIVITIES IN PUBLIC PARKS AND PERMITTING OF SPECIAL EVENTS THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 2 (Administration and Personnel) is amended to amend Chapter 2.55 (Community Services Advisory Commission) by repealing Section 2.55.120. Section 2. Title 2 (Administration and Personnel) is amended to add Chapter 2.56 (Community Services Department) and to add Section 2.56.010 through 2.56.080200. Chapter 2.56 COMMUNITY SERVICES DEPARTMENT 2.56.010 Delmitions. As used in this Chapter: "City" means the City of Redding. "City Event" means any Event under the direct management and control ofthe Department whereby temporary exclusive use of Park f.acilities is utilized for those participating in City recreation programs. "Concession" means the sale of goods or services approved by a contract pursuant to Section 2.56.070 ofthis 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. \:J , }J ~ ~ I II e e "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 a Event which is not under the management and control of the City and that mayor 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 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 ofthe 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 ofthe 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 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 11.44 of this Code. 2 e e 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 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 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 vehicles, 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 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 opiniQn of the Director the size 3 e . or scope require insurance coverage. D. All 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 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 of kind is prohibited within the confines of Park Facilities; provided, that between the hours of eleven a.m. and ten p.m. sound amplification shall be permitted up to a maximum volume level of seventy-five decibels of sound registered at a distance of fifty yards from the amplification source, as measured on a soun~ level meter meeting the requirements of the American National Standards Institute, Standard S 1.4-1971, for sound level meters, which has its frequency weighting network set for the' A' weighting and slow response, where a written permit is previously obtained from the Director or his or her agent; and further provided, that sound amplification not exceeding seventy- five decibels of sound similarly measured may be permitted in designated portions of Lake Redding Park, Caldwell Park, Enterprise Community Park, Martin Luther King Junior Park, the grounds ofthe Civic Auditorium, the Sculpture Park at City Hall, or South City Park at other and additional times as established and approved by the City Council, where the Council has determined the proposed amplification to be in the public interest, such as in the case of political rallies, conventions, public celebrations, and other significant public events as determined in the sole discretion of the City Council. 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. A. The sale of goods and services, including but not limited to, food products, apparel, instructional lessons, and entertainment by persons or entities for commercial gain potentially adversely and seriously impacts the use of Park Facilities for use by the general public for 4 e . recreational purposes. Any such sales must be regulated through the use of concession contracts to insure that the goods and services marketed 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 ofthe United States Constitution or comparable protections under the California Constitution. 2.56.080 Smoking It is the policy of the City that smoking any substance in or upon any Park Facility is not permitted. Section 3. Title 10 (Public Peace, Morals and Welfare), Part IV - Offenses Against Public Peace, Chapter 10.20 Public Parks Prohibited Activity, is hereby repealed and replaced in it's entirety with new Sections 10.20.010 through 10.20.200 as follows: 10.20.010 Defmitions. 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 of goods or services approved by a contract pursuant to Section 2.56.070 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 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 a Event which is not under the management and control ofthe City and that mayor may not be open to the general public. 5 e - "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. 10.20.020 Purpose. The purpose ofthis Chapter is to establish regulations for use of Park Facilities by members of the general public. Exceptions to the provisions of this Chapter may be granted if expressly approved in writing by the Director in conjunction with a City Event, Special Event, Public Facilities Reservation Permit or Concession. 10.20.030 Time of Use of Park'Facilities. No person shall use or occupy any Park Facility except on the days and times posted for use by the general public. 10.20.040 Interference with City Event, Special Event, Park Facilities Reservation Permit or Concession. No person shall unreasonably disrupt or interfere with activity associated with any City Event, Special Event, Park Facilities Reservation Permit or Concession. 10.20.050 Exhibiting Park Facilities Reservation Permit. No person shall fail to produce and exhibit a Park Facilities Reservation Permit or a Special Event Permit 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. 10.20.060 Selling and Advertising. A. Within the boundaries of any Park Facility, it shall be unlawful and no person shall sell, vend, peddle, expose, offer for sale, or distribute after sale to the public, any merchandise, service, or property, or sell tickets for any event, nor shall any person distribute, circulate, give away, throw, or deposit in or on any park facility any handbills, circulars, pamphlets, papers, or advertisements, which material calls the public attention in any way to any article or service for sale or hire. B. 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 0 the United States Constitution or comparable protections under the California Constitution. 6 e e C. The provisions of this Section shall not be deemed to apply selling or advertising at a City Event or allowed in conjunction with approval of a Facilities Reservation Permit, a Special Events Permit or a Concession. 10.20.070 Refuse. No person shall dump, deposit, or release any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or trash in or on any Park Facility, except that refuse which is incidental to the use of the facility may be deposited in the receptacles provided therefore. For purposes of this section, an incinerator, stove, fire ring, barbecue, or other device used to contain fires or for cooking is not a proper receptacle for refuse or other waste material. 10.20.080 Smoking. A. The smoking of any substance is not allowed in or upon any Park Facility. B. It shall be unlawful to dispose of any smoking material upon the grounds of any Park Facility or to fail to extinguish smoking material in any Park Facility when requested to do so by a City official or by any law enforcement official. A violation of this subsection shall be punishable as an infraction. 10.20.090 Consumption of Alcoholic Beverages. A. No person shall consume any alcoholic beverage or possess any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which has been partially removed, any park or trail, or Park Facility which has been posted with signs prohibiting such possession. 1. This prohibition shall not apply to apply to those events/areas which are under contract to the City through the Civic Auditorium. 2. This prohibition shall not apply within the interiors of specific buildings or those park areas described in subsection 3 below if alcohol consumption is served in conjunction with a City Event or approved through issuance of a Park Facilities Reservation Permit, Special Events Permit or Concession. 3. The Park Facilities where possession and consumption of alcoholic beverages by adults of legal age may be permitted pursuant to subsection (2) are as follows: Carter House Gallery Martin Luther King, Jr. Memorial Center Building Caldwell Recreation Center Senior Citizens Hall Big League Dreams Fenced Activity Area Redding Soccer Park Fenced Activity Area 7 e e 4 Caldwell Memorial Park The Sculpture Park at City Hall Enterprise Community Park Lake Redding Park Library Park Riverfront Park Softball Park South City Park 10.20.100 Fires. A. No person shall ignite, maintain, or use any fire in any place within any park facility except in a barbecue cooker or other cooking device authorized by the Director for that purpose. B. No person shall ignite or maintain a fire of materials deposited in any can, box, trench, pit, or other receptacle maintained for the purpose of garbage disposal. 10.20.110 Fireworks. No person shall possess or ignite in any manner any firecracker or fireworks, including any article for the making of a pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks by a licensed pyrotechnic technician provided such discharge or display has been approved in conjunction with a City Event, Special Event or Park Facilities Reservation Permit. 10.20.120 Firearms, Air Guns, Other Weapons. No person other than peace officers in the discharge oftheir duties shall use, maintain, possess, fire, or discharge any firearm, air gun, spring gun, bow and arrow, slings~ot, or any other weapon potentially dangerous to wildlife or human safety, unless approved in conjunction with a City Event, Special Event or Park Facilities Reservation Permit. 10.20.130 Animals. No person shall: A. Hunt, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal within the boundaries of any Park Facility, nor remove nor have in his or her possession the young, eggs, or nest of any such creature. B. Abandon any animal, dead or alive, within any Park Facility. 8 e e C. Remove any animal not his or her own within any Park Facility; exception is made to the foregoing in that in proper season, fish may be fished and removed from areas designated for fishing by licensed persons. D. Bring into, maintain or allow in or upon any Park Facility any dog, cat, or other animal, except upon trails outside of parks and designated off-leash pet areas. This restriction on animals in Park Facilities shall not apply to disabled persons who are allowed pursuant to State and/or Federal law to be accompanied by a specially trained guide dog, signal dog or service dog. While on trails, any pet must be on a leash no longer than six feet in length and be under the full and complete control of its custodian. Where permItted by designation as an off-leash pet area, unleashed animals must be licensed and controllable by their owners or custodians at all times. E. Permit cattle, sheep, goats, horses, or other animals owned by him or her or in his or her possession to graze within the boundaries of any Park Facility. F. Ride any horse, pony, mule, burro, or any other animal upon, over or across any Park Facility. G. Permit any animal owned by him or her, or in his or her possession, to be brought into or remain upon the premises of any Park Facility, if City personnel or a peace officer has given oral or written notice to remove that animal from such the Park Facility. H. Permit any animal owned by him or her, or in his or her possession, custody, or control, to defecate upon park facility property without immediately removing such animal feces, placing said feces in a sealed bag or other sealed container, and placing such bag or container with feces in a proper refuse receptacle. Unsighted persons while relying on a guide dog, are exempt from the provisions of this subsection. 10.20.150 Motorized Vehicles. A. While within the boundaries of any Park Facility, no person shall drive or operate any automobile, motorcycle, motor scooter, trail bike, dune buggy, truck, or other motorized vehicle on roads or trails other than those designated for use by the general public without specific consent of the Director. B. No person shall park any automobile or other motorized vehicle within any Park Facility except in areas specifically designated as parking areas for the general public. In no case shall any person park a motorized vehicle in a manner that presents a hazard to the public. C. No person shall park or otherwise allow automobiles or other vehicles to remain within the boundaries of any Park Facility during the hours the facility is closed. 10.20.160 Prohibited Uses on Trails and Sidewalks. Within the boundaries of any Park Facility no person shall: 9 . . e e A. Operate any motorized vehicle, including, without limitation, motorcycles, or motorized bicycles upon any trail except at street, driveway or access road intersections for the purpose of crossing a bicycle trail. B. Use any portion of a trail or sidewalk while on roller skates or a skateboard, except for the Sacramento River Trail. C. Leave a bicycle in any place or position where other persons may trip over or be injured by it. D. Hold any Event on any trail without obtaining a Park Facilities Reservation Permit pursuant to Chapter 2.56 of this Code. 10.20.170 Golf Restrictions. No person shall hit, strike or throw a golf ball, or otherwise practice or play with golf balls, in any Park Facility, except on an established public golf course or driving range. 10.20.180 Sound Amplification Equipment. No person shall use sound amplification of speech or music of whatever type within the confines of Park Facilities without permission as specified in Section 2.56.060 of this Code~ 10.20.190 Severability. If any section, subsection, sentence, clause, phrase or portion of the regulations contained in this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. 10.20.200 Violations and Enforcement. Any violation of the regulations contained in this Chapter may be enforced criminally pursuant to remedies specified in Chapter 1.12 of this Code, administratively pursuant to remedies specified in Chapters 1.13, 1.14 or 1.15 of this Code, or by initiation of a civil action by the City Attorney in Shasta County Superior Court. It shall not be a violation of the provisions of this Chapter if activity normally prollibited as set forth in these regulations in or upon Park Facilities has been expressly approved in writing by the Director in conjunction with a a City Event, Special Event, Public Facilities Reservation Permit or Concession. Section 4. . Title 11 (Vehicles and Traffic), Chapter 11.44 (Special Events) is hereby amended by repealing Section 11.44.030 in its entirety and amending Section 11.44.01 O.A and Section 11.44.020 as follows: 10 . . e e 11.44.010 Definition and Purpose. A. The words "special event" as used in this chapter shall include any organized activity or event, whether organized by a nonprofit entity, private enterprise, individual or other, which utilizes city streets or property, except for those events hosted in or upon Park Facilities and which are of a magnitude, scope or nature that will not require consultation or participation from any Department other than Community Services. Organized activities or events proposed within or upon Park Facilities that do not qualify as a special event shall be considered for approval pursuant to the Park Facilities Reservation Permit process specified in Chapter 2.56 ofthis Code. 11.44.020 Defmition and Purpose Special event permits shall be issued by the City Clerk subject to the provisions of this chapter and subject to the resolutions and policies ofthe city council not in conflict herewith. Section 5.. Title The passage ofthis 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 6. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 2nd day of October, 2012; and was duly read and adopted at a regular meeting on the 16th day of October, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, McArthur, Sullivan & Dickerson Jones None None {0 r~lo- DICK DICKERSON, Mayor Attest: Form Approved: 9omJ~~ PAMELA MIZIr, Clerk ~L~ ~RICHARD A. DUVERNAY, City Attorney #- - BARRY&D~WALT 11