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HomeMy WebLinkAboutNS-1648 Not Adopted / ORDINANCE NO. NS- 1648 /~N ORDINANCE OF THE CITY OF SANTA ANA /AMENDING SECTIONS 10-33, 31-2.1, AND / 31-3~. OF THE SANTA ANA MUNICIPAL CODE THERETO TO ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES AT ACTIVITIES // IN CITY PARKS PURSUANT TO PERMIT / THE CITY COUNCIL OF THE CITY OF S~TA ANA DOES ORDAIN AS FOLLOWS: / / SECTION 1: That Section 10-33 of thE/Santa Code is hereby amended to read as fol~ws: / Sec. 10-33. Drinkin? alcoholi~ beverages in public. /- No person shall drink~ny alcoholic beverage on ~ny streW, f.park, in an~ automobile, in any ~ubli? place or in any other public p~ace within t~e city, except in establishments or business places properly/~icensed for the con- sumption of al~holic beverages under the Alcoholic/~everage Control Act of the state. // This section shall not apply to consumption of a~co~olic beverages pursuant/to permit issued under section31-3~ of this Code. / SECTION 2: /That Section 31-2.1 of the Santa Ana Municipal Cod~is hereby amended to read as follows: / Sec. ~'.2.1 Alcohol and drunken?ess. /(a) No person shall bring into, possess, / consume or sell alcoholic beverages in a / ~ark o? z~o, except pursuant to a permit / issued under Section 31-3~ ~ of this / Code. (b) No intoxicated person shall enter, be, or remain in any park, zoo or stadium. REL:adg 8/27/82 Ana Municipal ORDINANCE NO. NS- 1648 PAGE TWO SECTION 3: That Section 31-3 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 31-3 Permits. (1) Permits required. No person in a park shall conduct, operate, present, manage or take part in any of the following activities unless a permit is obtained prior to the start of the activity. (a) Any picnic, outing, or gathering sponsored by any person and composed of twenty (20) or more persons. (b) Any exhibit, dramatic performance, play, motion picture, radio or television broadcast, fair, circus, musical event, or any similar event. (c) Any public meeting, assembly, or parade, including, but not limited to, drills, maneuvers~ ceremonies, addresses, speeches, or political meetings. (d) Any use of any park facility by a certain person or group of persons to the exclusion of others. (e) Any activity which includes or involves the possession, consumption, or sale of any alcoholic beverage. (2) Standards for issuance of permit. (a) The director shall issue a permit unless he finds: 1. That the proposed activity or use of the park will unreasonably interfere with or detract from the general public use and enjoyment of the park; or, ORDINANCE NO. NS- 1648 PAGE THREE ? / / 2. That the proposed activity 9r use of the park will unreasonably interfere with or detract from the public health, safety or welfare; or, 3. That the conduct of the proposed activity or use is reasonably likely to result in violence to p~rsons or property resulting in serious harm to the public; or, 4. That the proposed~ activity or use will entail an extraordinary expense or operation by the ~ity; or, 5. That the facilities desired have been reserved for another activity or use on the day and hohr(s) requested in the application. // / (b) The directo~ may impose reasonable conditions or r~strictions on the granting of a permit, i~cluding but not limited to, any of the fq~lowing: 1. ReStrictions on fires, fireworks, amplified sound, dancing, sports, use of animus, equipment, or vehicles, pos- session, consumption, or sale of alcoholic beVerages, the number of persons to be present, the locatlon of any bandstand or s~age, or any other use which appears ~ikely to create a risk of unreasonable ~arm to the use and enjoyment of the park by others, or of damage to park property. 2. A requirement that the applicant post a reasonable security deposit for the repair of any damage to park property, or the cost of cleanup, or both. 3. A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the department at the proposed use or activity. ORDINANCE NO. NS- 1648 PAGE FOUR 4. A requirement that the applicant pay any required business license tax or other required fees. 5. A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based or the use or activity for which the permit is being sought. (c) Permits shall not be transferable without the written consent of the director. (d) Within three (3) days after receipt of an application, the director shall apprise applicant in writing of his reasons for re- fusing a permit or of any conditions attached to the issuance of a permit, and, any aggrieved person shall have the right to appeal in writing within five (5) days to the city manager who shall consider the standards set forth in section 31-3(2) and sustain or overrule the director's decision within four (4) days. (e) A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in his permit. (f) A permittee 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 such permit was issued. (g) The director shall have the authority to revoke a permit upon finding of violation of any rule or o~dinance or upon the violation of any condition or restriction under which the permit was issued. ORDINANCE NO. NS-1648 PAGE FIVE SECTION 4: .If any section, subsection, sent~ce, clause, phr--~o~--portlon of this ordinance 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 port,ns of this ordinance. The City Council of the City/of Santa Ana hereby declares that it would have adopted this ordinance and each sectlon,.subsectlon, sentence, clause~ phrase or portion thereof ~rrespective of the fact thattany one or more sections, subsections, sentences, c~auses, phrases, or portions be declared invalid or unconstitutional. SECTION 5: Neither the adop?ion of this ordinance nor the repeal hereby of any ordin~hce shall in any manner affect the prosecution for vi~flation of ordinances, which violations were committed p~br to the effective date hereof, nor be construed as/affecting any of the provisions of such ordinance relating/to the collection of any such license or penalty or th%/penal provision applicable to any violation thereof, nor tO affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposit pursuant to/any ordinance and all rights and obligations thereunde~ appertaining shall continue in full force and effect. ADOPTED ~'his day of , 1982. ATTEST: GORDON BRICKEN Mayor JANICE C./GUY Bricken Luxembourger Acosta Serrato Griset Markel McGuigan APPROVED AS TO FORM: EDWARD J. COOPER City Attorney