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Home My WebLink About1969-1184 ORDINANCE NO. // `P AN ORDINANCE relating to parks and recreation; creating the Department of Parks and Recreation as a city department, designat- ing the department head and specifying its duties; pro- hibiting certain acts and conduct in public parks as misdemeanors and providing a penalty for violations; amending Sections 1.18.100, 13.16.100, 13.16.145 and 13.16.150; adding new Sections 1.18.196 and 13.16.149; and repealing Sections 1.39.010, 1.39.020, 1.39.030, 1.39.040, 1.39.050, i.39.060, 1.39.070, 13.08.010, 13.08. 020, 13.08.030, 13.12.010, 13.12.020, 13.12.030, 13.12.040, 13.12.050, 1.12.060, 13.12.070, 13.16.140, 13.20.010, 13.20.020 and 13.20.030, all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 1.18.100 of the City of Yakima Municipal Code is hereby emended to read as follows: "1.18.100 Line Departments. There shall be a Police Depart- ment, Fire Department, Public Works Department, Public Utilities Department, Municipal Airport Department, Transit Department and Department of Parks and Recreation." Section 2. Section 13.16.100 of the City of Yakima Municipal Code is hereby amended to read as follows: • "13.16.100 Public Assembly Regulated. Except for events held under the auspices of the Department of Parks and Recreation, no persons shall conduct or engage in an event calculated to attract a large concourse of people, nor shall any person parti- cipate in a public assembly, in any park or playground without a written park use permit issued by the Director of Parks and Recreation. Application for such a permit shall be made to the Director on forms furnished by him for that purpose, and shall contain all information called for on such form as deemed necessary by the Director to enable him to perform his duties in regulating the use of parks and playgrounds. Upon proper application being made, the Director shall issue a park use permit unless: (1) The event or assembly for which the permit is sought would obstruct or substantially interfere with recreational or other park use and enjoyment by the general public; or (2) The place, date and time of the event or assembly for which a permit is sought had previously been scheduled by the department, or allocated by permit, for some other event; or (3) The event or assembly for which a permit is sought is solely of a private or commercial nature; or (4) The event or assembly for which a permit is sought has for its purpose the violation of criminal law." Section 3. Section 13.16.145 of the City of Yakima Municipal Code is hereby amended to read as follows: "13.16.145 Hazardous and Commercial Activities Regulated. A. Hazardous activities. No person shall engage in any activity in any park or playground involving a manifest • hazard to the general public or tri other persons using; or in the vicinity of, such park orplayground, including but not limited to such activities as golfing, archery, flying of self-propelled model airplanes (Except rubber- band powered model airplanes) and other activities of similar nature, except in areas specifically designated by the Director of Parks and Recreation for, such purpose, without first obtaining written permission of the Director to engage in such activities. B. Commercial Activities. No person shall sell or offer for sale in any park or playground any goods, wares, refreshments, or other articles, nor sell, expose for sale, or take or solicit orders for future delivery of photo- graphs in any park or playground, without the written permit of the Director of Parks and Recreation. C. Permit. The Director of Parks and Recreation may issue permits to regulate activities otherwise prohibited by Subsections A and B of this Section only when the activity is to be carried out by an applicant which exhibits proof to the Director that the applicant has compiled with all licensing and permit regulations and other laws and regulations applicable to the activity for which a permit is sought, and only when the activity for which a permit is sought will not interfere with recreational or other park use and enjoyment by the general public." Section 4. Section 13.16.150 of the City of Yakima Municipal Code is hereby amended to read as follows: "13.16.150 Penalty for Violations. Any person who shall violate any of the rules and regulations provided for in this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in any amount not exceeding $500 or to imprisonment in the city jail not exceeding six months, or to both such fine and imprisonment." Section 5. Section 1.18.196 is hereby added as a new section to the City of Yakima Municipal Code, and shall read as follows: "1.18.196 Department of Parks and Recreation,. • (1) Department. The Department of Parks and Recrea- tion shall be under the supervision of the Director of Parks and Recreation and shall: (a) Maintain the city parks and other public ways and boulevards as directed by the City Manager; (b) Carry out a program of recreation for the general welfare of the people of the city; and -2- (c) Perform such other duties as may be required by law or by the City Manager. (2) Park and Recreation Commission. (a) Created -- Members. There is hereby created a Park and Recreation Commission to consist of five members who shall be appointed by the City Council and who shall serve without compensation. The Director of Parks and Recreation shall be an ex- officio member of and secretary of such commission, but shall not be entitled to vote on any matter voted on by the commission. (b) Terms of Office. Initial appointments of commission members shall be effective on January 1, 1970. Two members, to be designated by the City Council, shall be appointed for initial terms to expire on December 31, 1971, or until such time thereafter as successors are appointed by the Council. Two members, to be designated by the City Council, shall be appointed for initial terms to expire December 31, 1973, or until such time thereafter as successors are appointed by the City Council. One member, to be designated by the City Council, shall be appointed for an initial term to expire December 31, 1975, or until such time thereafter as a suc- cessor is appointed by the City Council. Upon the expiration of such initial terms, successors shall be appointed for six year terms, or until such times after the expiration of such six year terms as successors are appointed by the City Coun- cil. Upon the resignation of any member, the City Council shall appoint a new member to serve for the balance of the term of such resigned member. Any member absent from 3 • consecutive regular commission meetings whose absence is not excused by vote of a majority of the other members shall thereby be disqualified to continue as a member of the commis- sion, and the City Council shall appoint a new member to serve for the balance of the term of such disqualified member. (c) Organization -- Meetings. The commission shall elect from its membership a chairman, vice - chairman, and such other officers as the commission members deem necessary to organize and carry out the functions and duties of the commission. The commission shall adopt a time for holding regular monthly meetings, and regular monthly meetings shall be held unless cancelled by notice from the secretary of the commission. Special meetings may be called by the chairman to be held at any time. (d) Functions and Duties. The commission shall advise the City Council, City Manager and Director of Parks and Recrea- tion concerning formulaticn of policy, plans and programs to carry out the duties of the Department of Parks and Recreation in maintaining city parks, and carrying out a program of recreation for the general welfare of the people of the city and in performing such other duties as the department may be required to perform by law or by the City Manager." Section 6. Section 13.16.149 is hereby added as a new section of the City of Yakima Municipal Code and shall read as follows: "13.16.149 Additional Rules and Regulations. The Park and Recreation Commission is hereby authorized to adopt further rules and regulations, consistent with and to administer the provisions of this chapter, affecting the control and use of parks and play- grounds." - 3 - Section 7. Sections 1.39.010, 1.39.020, 1.39.030, 1.39.040, 1.39.050, 1.39.060, 1.39.070, 13.08.010, 13.08.020, 13.08.030, 13.12.010, 13.12.020, 13.12.030, 13.12.040, 13.12.050, 13.12.060, 13.12.070, 13.16.140, 13.20.010, 13.20.020 and 13.20.030 of the City of Yakima Municipal Code are hereby repealed in their entirety. 411 Section 8. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 1st day of December, 1969. /1 Mayor ATTEST: O' City Clerk - 4 -