McFarland Municipal Code Art. I Public Parks

As used in this article, the following terms shall have the meanings respectively ascribed to them in this section:

A. "City" means the city of McFarland.

B. "Public park" means any area set aside and/or established in the city, whether such area is owned, operated and/or maintained by the city, the county, the state, the McFarland recreation and park district, any public school district, and/or any other person or entity for the purposes of people congregating for relaxation, picnicking, recreational or competitive games and sporting events, or for any other lawful activity without first having secured a consent therefor.

(Ord. 158 §1, 1977)

It is unlawful for any person to consume any alcoholic beverage as the same is defined in Section 23004 of the Business and Professions Code of the state, or as hereafter amended, while in or upon any public park in the city, unless a permit therefor is first secured from the McFarland city clerk or the superintendent of the McFarland recreation and park district, as the case may be.

(Ord. 263 §1(part), 1993: Ord. 158 §2, 1977)

A. Any person desirous of consuming alcoholic beverages in a public park owned or managed by the McFarland recreation and park district shall apply to the superintendent of the McFarland recreation and park district for a permit therefor at least ten days in advance thereof. Any person desirous of consuming alcoholic beverages in any other park in the city shall apply to the city clerk of the city for a permit therefor at least ten days in advance thereof. The application for such permit shall be made in writing on a form approved by the city clerk. In order that adequate arrangements may be made for the proper policing of such activity, the application shall contain the following information:

1. The name, address and telephone number of the person requesting the permit. If the request is made on behalf of or by an organization, the name, address and telephone number of the principal office of the organization, and of the authorized head of such organization;

2. The name, address and telephone number of the person(s) who will be responsible for the conduct of the person and/or organization who will be consuming such alcoholic beverages;

3. The date (dates) when the consumption of alcoholic beverages will occur;

4. The approximate number of persons who will participate;

5. The location of the proposed activity;

6. Such other information as the city clerk or superintendent of the McFarland recreation and park district may require.

B. If there has been no prior application for a permit to consume alcoholic beverages at the same park, the city clerk or superintendent of the McFarland recreation and park district, as the case may be, shall issue a permit granting the application, subject to the provisions of Section 12.16.040. In the event that there has been a prior application for a permit to consume alcoholic beverages to be held at the same time and place, the city clerk or superintendent of the McFarland recreation and park district, as the case may be, may deny the permit. The applicant for the permit shall be notified in writing of the action of the city clerk or superintendent of the McFarland recreation and park district, as the case may be, in granting or denying the permit at least five days prior to the date of the proposed event. In the event the application is denied, the written notice of such denial shall set forth the reasons therefor.

(Ord. 263 §1(part), 1993: Ord. 158 §3, 1977)

The city clerk or superintendent of the McFarland recreation and park district, as the case may be, may refuse a permit to consume alcoholic beverages in or upon any public park in the city when in his/her judgment the conditions of vehicular and pedestrian traffic or the effect upon stores, offices and other places of business, or upon the residences, churches, institutions reserved for the sick, schools or educational institutions in the vicinity, all considered in relation to the safety, comfort and convenience of the public generally, shall so warrant.

(Ord. 263 §1(part), 1993: Ord. 158 §4, 1977)

Upon a denial by the city clerk or superintendent of the McFarland recreation and park district of an application made pursuant to Section 12.16.030, the applicant may appeal from the determination of the city clerk or superintendent of the McFarland recreation and park district within two days thereafter to the city council of the city by filing the application with the city clerk who shall set the appeal for hearing by the council at its next meeting. Upon such appeal, the council may reverse, affirm or modify in any regard the determination of the city clerk or superintendent of the McFarland recreation and park district, as the case may be. To carry out the judgment of the council upon appeal, the city clerk or superintendent of the McFarland recreation and park district, as the case may be, shall be directed to act in conformity with the judgment of the council.

(Ord. 263 §1(part), 1993: Ord. 158 §5, 1977)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars or by imprisonment in the county jail for a period of not exceeding six months, or by both fine and imprisonment. Every day upon which violation of this chapter shall exist, or continue, shall constitute a separate offense.

(Ord. 158 §6, 1977)