Chapter 19 — PARKS

ARTICLE I. IN GENERAL

SECTION:

19-1: Definitions

19-2: Parks And Leisure Services Commission Created; Composition; Function

19-3: Appointment

19-4: Term Of Office And Compensation

19-5: Member Appointed By Porterville Unified School District

19-6: Vacancies

19-7: Meetings; Records; Quorum

19-8: General Powers And Duties Of Commission

19-9: Driving Automobile, Golf Cart, Etc., Within Confines Of Golf Course

19-10: Presence Upon Golf Course When Closed To Public Declared Unlawful

19-11: Closing Hours In Parks

19-1: DEFINITIONS:

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

COMMISSION: The parks and leisure services commission.

DEPARTMENT: The parks and leisure services department.

DIRECTOR: The director of parks and leisure services. (Ord. 1114 § B, 8-5-1977)

19-2: PARKS AND LEISURE SERVICES COMMISSION CREATED; COMPOSITION; FUNCTION:

There is hereby created a park and leisure services commission, and said commission shall be composed of eight (8) members, who shall be residents of the city of Porterville. The park and leisure services commission shall serve in an advisory capacity to the city

council. (Ord. 1114 § B, 8-5-1977; Ord. 1686 § 1, 1-17-2006)

19-3: APPOINTMENT:

Seven (7) of the said commission members shall be appointed by the mayor with the consent of a majority of the city council. (Ord. 1114 § B, 8-5-1977; Ord. 1686 § 2, 1-17-2006)

19-4: TERM OF OFFICE AND COMPENSATION:

Terms for all commissioners appointed shall be four (4) years, excepting the term for the first appointee by Porterville Unified School District as described in section 19-5 of this article and excepting the terms for the first appointees to the commission, which shall be as follows: four (4) commissioners shall be appointed to four (4) year terms and three (3) commissioners shall be appointed to two (2) year terms commencing July 1, 1977. The terms of commissioners first appointed shall be determined by lot at an organization meeting of the commission, to be held and conducted within a reasonable time after said appointments. All commissioners shall serve at the pleasure of the city council and may be removed by a majority vote of the city council at any time and for any reason. Members of the commission shall serve without compensation. No member of the commission shall serve more than two (2) consecutive four (4) year terms. (Ord. 1114 § B, 8-5-1977; Ord. 1686 § 3, 1-17-2006)

19-5: MEMBER APPOINTED BY PORTERVILLE UNIFIED SCHOOL DISTRICT:

One representative of the Porterville Unified School District shall be selected by the district to serve as a voting member of the commission, excepting the term for the first appointee which shall be as follows: the first commissioner's term will commence March 1, 2005, and will terminate on October 31, 2007. The four (4) year term thereafter will commence on November 1, 2007. (Ord. 1114 § B, 8- 5-1977; Ord. 1686 § 4, 1-17-2006)

19-6: VACANCIES:

Vacancies occurring otherwise than by expiration of terms shall be filled by appointment as in the first instance, such appointees to serve for the unexpired term of the vacant office. (Ord. 1114 § B, 8-5-1977)

19-7: MEETINGS; RECORDS; QUORUM:

The commission shall hold meetings regularly and shall designate the time and place thereof. It shall adopt its own rules of procedure and shall keep a record of its proceedings. All meetings and records of the commission shall be public. Five (5) members shall constitute a quorum for the transaction of business. (Ord. 1114 § B, 8-5-1977; Ord. 1686 § 5, 1-17-2006)

19-8: GENERAL POWERS AND DUTIES OF COMMISSION:

The commission:

A. Shall advise the city council and the director on the management and control of parks, parkways and public grounds except as otherwise provided;

B. May establish all reasonable rules and regulations for the protection of rights and property vested in the city and under control of the parks and leisure services department for the use, care and management of all parks, squares, avenues, grounds or recreation centers, and for the governing, use and enjoyment of any building, structure, equipment, apparatus or appliances therein; which rules and regulations shall be posted in some conspicuous place in the park, square, avenue, grounds or recreation center, or in or near the building, structure, equipment, apparatus or appliance to which the rule or regulation applies;

C. May call upon the police department to assist in enforcing all ordinances, rules and regulations governing parks, squares, avenues, grounds or recreation centers as have been or may hereafter be established;

D. Shall recommend schedules of charges for the golf course, swimming pools and all special services;

E. Shall give due attention and study to park and leisure services as they affect the welfare of the people;

F. Shall interpret the leisure and park services of the department to the community;

G. Shall take initiative in planning for future park and leisure areas and facilities, as well as determining means of bringing present areas and facilities up to an acceptable standard;

H. Shall serve as a sounding board against which the director and staff may test their plans and ideas;

I. Shall recommend policy to the city council keeping in mind that the adoption of policy is the prerogative of the city council and that the director must have a free hand to carry on the work of the department within the framework of these policies;

J. Shall define the objectives and goals of the department. (Ord. 1114 § B, 8-5-1977)

19-9: DRIVING AUTOMOBILE, GOLF CART, ETC., WITHIN CONFINES OF GOLF COURSE:

A. Restricted: It shall be unlawful for any person, other than a person engaged in the performance of his duties as a municipal employee, or a person who has hired from the Porterville golf course manager or golf professional a golf cart, to operate or drive any motorcycle, automobile, golf cart or other vehicle within the confines or upon the Porterville municipal golf course excepting therefrom that portion of said golf course designed and utilized for public parking.

B. "Golf Cart" Defined: For purposes of this section a "golf cart" is any vehicle, electric or gasoline propelled, that is customarily utilized in the playing of the game of golf.

C. Penalty: Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be

punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 1093 § A, 6-15-1976)

19-10: PRESENCE UPON GOLF COURSE WHEN CLOSED TO PUBLIC DECLARED UNLAWFUL:

A. It shall be unlawful for any person to enter upon the Porterville municipal golf course for the purpose of playing or practicing the game of golf or to play or practice the game of golf on any day when said golf course is closed to play to the general public.

B. It shall be unlawful for any person to remain upon the Porterville municipal golf course on any day when the same is closed to play to the general public when instructed to leave or depart by the golf course manager, any of his agents or employees, or any officials, agents or employees of the city of Porterville.

C. Any person violating any of these provisions or failing to comply with any requirement of this section is guilty of a misdemeanor. Any person convicted of the misdemeanor under the provisions of this section shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (Ord. 990 §§ 1–4, 1-5-1971)

19-11: CLOSING HOURS IN PARKS:

A. It shall be unlawful for any person to enter, to remain in, or to refuse to leave Murry park, Westview park, Olivewood park, Noon Lions' park, North park, or Zalud park between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M.

B. The Zalud park tennis courts shall be excluded from such restriction as stated in subsection A of this section.

C. Any person in violation of this section shall be guilty of a misdemeanor. (Ord. 1219 §§ A–C, 10-28-1980)