HomeMy WebLinkAboutORD 12 (1990)ORDINANCE NO. 12 (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING SECTION 17.04.330 OF
THE LOS ANGELES COUNTY CODE, AS HERETOFORE,
ADOPTED, PERTAINING TO THE HOURS OF OPERATION
OF CITY PARRS.
A. Recitals.
(i) The Park and Recreation Commission of the City of
Diamond Bar has studied and reviewed the hours of park operations
and public accessibility and has determined that it is advisable
to modify such hours of operation to respond to the needs and
circumstances present in the City of Diamond Bar.
(ii) The City Council of the City of Diamond Bar has
heretofore adopted, by reference, the entirety of the Los Angeles
County Code which contains therein Section 17.04.330 - Hours of
operation. The City Council has duly considered and determined
that the recommendations of the City of Diamond Bar Park and
Recreation Commission are necessary and appropriate modifications
which will enhance the City of Diamond Bar.
(iii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
The City Council of the City of Diamond Bar does ordain
as follows:
SECTION 1: This Council hereby finds that all of the
facts set forth in the Recitals, Part A, of this Ordinance are
true and correct.
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SECTION 1: Section 17.04.330 of the Los Angeles County
Code, as heretofore adopted by reference, is hereby amended to
read, in words and figures, as follows:
1117.04.330 Hours of Operation. A person shall not
enter, be or remain in any park, or any facility related thereto,
except as may be expressly permitted as follows:
"A. Parks without lighted athletic fields or
facilities: a person may enter, be and remain in any park
without lighted athletic facilities between one-half hour before
sunrise and one-half hour after sunset of each day.
"B. Parks with lighted athletic fields or facilities:
a person shall be permitted to enter, be, remain in any park
which has lighted athletic facilities between one-half hour
before sunrise and 10:00 p.m. A person may be permitted to
enter, be and remain in any park which has lighted athletic
facilities after 10:00 p.m. if such person has obtained, from the
City Manager or his designee, a Park Use Permit. Such Park Use
Permit shall designate, in writing, the name of the responsible
person, persons, or organization who have permission to enter or
remain after 10:00 p.m., the date or dates such permit has been
issued for the number of persons expected to be present and the
estimated time at which the permitted person, persons or
organization will cease use of the park. The city council shall
establish, by resolution, the fee applicable to such permit.
E
"C. The City Manager, or his designee, shall post the
hours of operation in one or more conspicuous locations at each
park."
SECTION 3: Penalties. It is unlawful for any person,
firm, partnership, organization, or corporation to violate any
provision or fail to comply with any of the requirements of this
Ordinance. Any person, firm, partnership, organization or
corporation violating a provision of this section or failing to
comply with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding $1,000.00 or by imprisonment not exceeding six
months, or by both such fine and imprisonment. Each such person,
firm, partnership, organization or corporation shall be deemed
guilty of a separate offense for each and every day or any
portion thereof during which any violation of any of the
provisions of this Code is committed, continued or permitted by
such person, firm, partnership, organization or corporation, and
should be deemed punishable therefore as provided in this
section.
SECTION 4: Civil Remedies Available. The violation of
any of the provisions of this section constitutes a nuisance and
may be abated by the City through civil process by means of
restraining order, preliminary or permanent injunction or in any
other manner provided by law for the abatement of such nuisances.
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SECTION 5: If any section, sentence, word, clause or
phrase of this Ordi.nance is, for any reason, held by a court of
competent jurisdiction to be invalid, or as preempted by
legislative action, such decision or legislative action shall not
affect the validity of the remaining portions of this Ordinance.
The City Council of the City of Diamond Bar hereby declares that
it would have passed this Ordinance and each section, sentence,
word, clause or phrase thereof, irrespective of the fact that any
one or more sections, sentences, words, clauses or phrases be
declared invalid or preempted.
SECTION 5: The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be posted
in three (3) public places within the City of Diamond Bar
pursuant to the provisions of Resolution No. 89-6.
PASSED, ADOPTED AND APPROVED this 18th day of
September , 1990.
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I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 4th day of September ,
1990, and was finally passed at a regular meeting of the City
Council of the City of Diamond Bar held on the Igo day of
September , 1990, by the following vote:
AYES: COUNCIL MEMBERS: Papen, Kim and Mayor Werner
NOES: COUNCIL MEMBERS: Horcher
ABSENT: COUNCIL MEMBERS: Mayor Pro Tem Forbing--
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
Ci Clerk -of'the
City of Di2VmtLnd Aar
L11011\ORDHOURS\DB 26.85