Blythe Municipal Code Ch. 12.28 Conduct in Public Parks and Marina

Footnotes:

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* Prior ordinance history: Ord. 619.

For purposes of this chapter, certain words are defined as follows:

"Annual" means July 1st through June 30th.

"Annual pass" means a pass for entrance into Quechan Marina purchased on an annual.

"Boat launch" means that facility, including designated parking areas, located in Quechan Marina which is constructed and maintained for the launching and retrieving of water craft into the waters of the Colorado River.

"Daily pass" means a pass purchased on a specific day for use until marina closing on that day.

"Day use" means use of facilities provided within Quechan Marina exclusive of boat launch.

"Director" means the director of parks.

"Fee" means a designated sum of money to be paid for entering Quechan Marina for "day use" or "boat launch" purposes.

"Marina" means Quechan Marina and all facilities contained therein.

"Park" means a park, playground, swimming pool, recreation center, or any other area in the city owned or used by the city and devoted to public recreation.

"Pass" means the approval granted by the city on a daily or annual basis for use of day use or boat launch facilities located within Quechan Marina.

(Ord. 824 § 1 (part), 2007)

No person in a park shall swim, bathe, or wade in the water of any fountain, pond, lake or stream, except that wading and swimming shall be permitted in pools and marina areas designated for these purposes.

(Ord. 824 § 1 (part), 2007)

A. All parks shall be closed, and no person shall enter or remain in any park, between the hours of ten p.m. and six a.m. without prior written permission of the director.

B. Quechan Marina park and beach areas shall be open from seven a.m. to ten p.m., Monday through Sunday from October to April; from seven a.m. to ten p.m., Sunday through Thursday from May through September and from seven a.m. to eleven p.m., Friday and Saturday from May through September.

C. Boat launch at Quechan Marina shall open at dawn with retrieval before closing hours.

(Ord. 824 § 1 (part), 2007)

No person in a park or marina shall use any portion of the group picnic areas or similarly designated areas, or any of the buildings or structures therein, for the purpose of holding picnics or other activities to the exclusion of other persons, unless a permit has been previously obtained from the director as specified in Section 12.28.061.

(Ord. 824 § 1 (part), 2007)

No person in a park or marina shall make or kindle a fire for any purpose, except in facilities provided for such purpose unless prior written permission has been obtained from the director.

(Ord. 824 § 1 (part), 2007)

A. No person in a park or marina shall enter an area posted as "CLOSED TO THE PUBLIC," nor shall any person use, or abet the use of, any area in violation of posted notices.

B. No person shall park any vehicle or trailer in areas designated and posted "NO PARKING".

C. No person shall park any vehicle or trailer or vehicle and trailer within Quechan Marina without first having properly obtained and displayed a day use or boat launch pass.

(Ord. 824 § 1 (part), 2007)

No person over the age of eight years shall use restrooms or washrooms designated for the opposite sex. Children less than eight years of age shall be accompanied by an adult when entering/using restroom and washroom facilities.

(Ord. 824 § 1 (part), 2007)

No person in a park or marina shall ride a bicycle on other than a paved vehicular road or path designated for that purpose.

(Ord. 824 § 1 (part), 2007)

No person in a park or marina shall climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences or public art.

(Ord. 824 § 1 (part), 2007)

No person shall lead, ride, drive or in any way bring into any park or marina any animal other than a domestic cat or a dog upon a leash or in a cage unless prior written consent has been obtained from the parks director. All animal droppings shall be removed and properly disposed of by the animal owner or person responsible for the animal.

(Ord. 824 § 1 (part), 2007)

No person shall consume any alcoholic beverage in any park except in such areas designated by the director for such consumption.

(Ord. 824 § 1 (part), 2007)

No person in a park or marina shall expose or offer for sale any articles or thing, or station or place any stand, cart, or vehicle for the transportation, sale or display of such article or thing, except a regularly licensed concessionaire acting by and under the authority and regulations of the city council.

(Ord. 824 § 1 (part), 2007)

No person in a park or marina shall use the park or marina to expressly advertise in any way any article or service for sale or hire.

(Ord. 824 § 1 (part), 2007)

A permit shall be obtained from the director for exclusive use of any park or marina (or specific area thereof) facility. The application for said permit shall state:

A. The name and address of the applicant;

B. The name and address of the person, persons, corporation or association sponsoring the activity, if any;

C. The day and hours for which the permit is desired;

D. The park or marina for which such permit is desired;

E. An estimate of anticipated attendance;

F. Whether or not a system for amplifying sound is proposed to be used and the purpose or purposes for which it shall be used;

G. Any other information which the director shall find reasonably necessary to a fair determination as to whether a permit should be issued.

(Ord. 824 § 1 (part), 2007)

The director shall issue a permit hereunder when the following findings can be made:

A. That the proposed activity and use will not unreasonably interfere with or detract from the general public enjoyment of the park or marina;

B. That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

C. That the proposed activity or use is not anticipated to incite violence, crime or disorderly conduct;

D. That the proposed activity will not require any police support services, unless the same shall have been contracted for with off-duty Blythe police officers. Said officers shall continue to be in the employ of and shall be paid by the city. The permit applicant shall reimburse the city for any cost of said protection prior to the issuance of the permit;

E. That the facilities desired have not been reserved for other use at the day and hour required in the application;

F. Applicant may be required to provide portable restroom facilities.

(Ord. 824 § 1 (part), 2007)

A permittee shall be bound by all applicable sections of the Blythe Municipal Code fully as though the same were inserted in the permit.

(Ord. 824 § 1 (part), 2007)

The director shall have the authority to revoke a permit after a hearing thereon upon finding that:

A. The activity or use unreasonably interferes with public health, welfare, safety, recreation and enjoyment of the park or marina; or

B. The activity or use is anticipated to incite violence, crime or disorderly conduct; or

C. The activity or use entails unusual, extraordinary and/or burdensome expense or police supervision by the city; or

D. The system for amplifying sound, if being used, would unreasonably interfere with or detract from the general public enjoyment of the park or marina.

(Ord. 824 § 1 (part), 2007)

A. A bounce house shall not be erected or used in any city park, or on any other city property, unless the user first obtains a bounce house permit from the city. Bounce house permits shall be issued pursuant to the process in Blythe Municipal Code Section 12.28.061. The city manager shall adopt regulations governing the issuance of bounce house permits, which regulations shall be incorporated into the permit requirements.

B. Bounce houses must be operated pursuant to the terms of the bounce house permit, and in accordance with all applicable laws, rules and regulations. City employees are authorized to remove any bounce house determined to be in violation of this section or any applicable requirement.

C. Bounce house permits will only be issued to people renting from a company on the city's list of authorized providers. The city will provide applicants with a list of authorized providers. To qualify as an authorized provider, a company must:

1. Demonstrate that it has a current city business license;

2. Provide evidence of liability insurance in an amount of at least one million dollars combined single limit, and endorsed to name the city as additionally insured;

3. Sign an agreement with the city, agreeing to abide by all laws, rules and regulations concerning bounce houses, and agreeing to indemnify and hold the city harmless.

D. For purposes of this section the term "bounce house" means inflatable recreational equipment containing landing surfaces on which users may jump or bounce, which equipment is intended for outdoor use.

(Ord. No. 860, § 1, 9-10-13)

Each vehicle entering Quechan Marina shall pay for and secure either a day use or boat launch pass. Use passes may be purchased on a daily or annual basis. All user costs associated with Quechan Marina shall be established by city council resolution.

(Ord. 824 § 1 (part), 2007)

A. Daily Pass. All vehicles not having in their possession an annual pass must stop at the entrance gate to pay, register and receive the appropriate vehicle pass. The application for a daily pass shall state:

1. Date on which the pass is being purchased;

2. The name of the vehicle owner/operator;

3. Vehicle license number;

4. Vehicle type;

5. Type of Pass. Day use vehicle parking; boat launch and parking; launch only.

B. Display of Daily Pass. All vehicles entering Quechan Marina with a daily pass shall display the pass in a conspicuous location visible from the exterior of the vehicle.

C. Annual Pass. Application for an annual pass may be made through the city of Blythe. The life of an annual pass shall run from July 1st through June 30th of the following year. Annual pass fee shall be prorated by purchase date consistent with resolution "fee amounts"; purchase of an annual pass shall be based on a flat fee as provided for by council resolution. The application for an annual pass shall state:

1. Applicant name;

2. Applicant phone number;

3. Applicant vehicle license number;

4. Pass year;

5. Pass number.

D. Display of Annual Pass. All vehicles entering Quechan Marina with an annual pass shall display the pass in the driver's side lower left corner of the windshield.

(Ord. 824 § 1 (part), 2007)

A daily annual pass may be revoked by the director or his/her representative if abuses occur or the health, safety or welfare of an individual, group or the general public is put at risk by actions of the pass holder or a member of their group.

(Ord. 824 § 1 (part), 2007)

The pass holder shall be bound by all applicable sections of the Blythe Municipal Code fully as though the same were inserted in the pass. The pass holder shall be bound by all Quechan Marina rules and regulations adopted by council resolution as though the same were inserted in the pass.

(Ord. 824 § 1 (part), 2007)

A fee for issuance of "day use" and "boat launch" annual and daily passes is hereby established for passes obtained for use of Quechan Marina and the facilities located therein. The city council shall, in a council resolution, set forth the specific amount of the fee which shall be used for the operation and maintenance of park and marina facilities. As described in the fee resolution, the pass fee shall be paid by the operator of each motor vehicle prior to entering Quechan Marina for "day use" or "boat launch" purposes. Conditions for issuance of day use and boat launch pass shall be set forth in the fee resolution and shall hereafter be referred to as "Quechan Marina Rules and Regulations." On a bi-annual basis, the city council shall review the fees to determine whether the fee amounts are reasonably related to the burden of operation and maintenance of the facility.

(Ord. 824 § 1 (part), 2007)

Any section or part of the park or marina may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the director shall find reasonably necessary to allow construction herein, or in situations where there exists a substantial and immediate danger to the public.

(Ord. 824 § 1 (part), 2007)

If any section, subsection, sentence, clause or phase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 824 § 1 (part), 2007)

Any person, firm, or corporation violating any of the provisions of this chapter, or of any permit or pass or exception granted hereunder, shall be deemed guilty of an infraction and shall be punishable as follows:

A. A fine not exceeding fifty dollars for the first violation;

B. A fine not exceeding one hundred dollars for the second violation of the same chapter within one year;

C. A fine not exceeding two hundred fifty dollars for each additional violation of the same chapter within a twelve-month period.

(Ord. 824 § 1 (part), 2007)