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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: May 22, 2007

Subject/Title: Waive second reading and adopt Ordinance 843 of the City Council of the City of Brentwood amending Title 7 (Parks and Recreation) of the Brentwood Municipal Code related to, among other provisions: Definitions; Use of Areas; Dog Park; Acts Prohibited; Advertising – Sale of Merchandise; Vendor Permits; Recreation; Organized Leagues; and Applicability of Other Laws/Penalties.

Prepared by: Tammy Homan, Management Analyst

Submitted by: Craig Bronzan, Director Parks & Recreation Department

RECOMMENDATION
Staff recommends that City Council waive the second reading and adopt Ordinance 843 amending Title 7 (Parks and Recreation) of the Brentwood Municipal Code related to, among other provisions: Definitions; Use of Areas; Dog Park; Acts Prohibited; Advertising – Sale of Merchandise; Vendor Permits; Recreation; Organized Leagues; and Applicability of Other Laws/Penalties.

PREVIOUS ACTION
The City established a Parks and Recreation Department in July 1999 as a result of the merger with the Brentwood Recreation and Park District.

On September 10, 2004, City Council adopted Ordinance 788 creating a new Title 7, Parks and Recreation.

At its meeting on May 8, 2007, City Council introduced and waived the first reading of an Ordinance of the City of Brentwood amending Title 7 (Parks and Recreation) of the Brentwood Municipal Code related to, among other provisions: Definitions; Use of Areas; Dog Park; Acts Prohibited; Advertising – Sale of Merchandise; Vendor Permits; Recreation; Organized Leagues; and Applicability of Other Laws/Penalties.

BACKGROUND
At its meeting on May 8, 2007, City Council introduced and waived the first reading of Ordinance 843. This Ordinance was developed after a thorough review of Title 7 was completed by Parks and Recreation staff and the City Attorney. The previous review took place in 2004. Among other things, the recommendation is being made to add two new sections. One new addition is a section that deals specifically with dog parks. With the addition of “King Park” to the City’s facilities, staff feels it important to create a new section related specifically to use of the dog park so that the public has firm guidelines for expectations of use of the facility. In addition, a new section is recommended for Vendor Permits. Over the past few years, requests from individuals and businesses to vend in City parks/facilities, most often at special events, has increased. In an effort to make the rules clear and the application process as simple as possible, Parks and Recreation has created a new section for Vendor Permits. This section will help the public understand the process that needs to take place in order to get permission to vend in our parks/facilities. A Vendor Permit Application and related Terms and Conditions have been developed and will be available to all interested applicants upon approval of the attached Ordinance.
In addition to the new sections listed above, Parks and Recreation staff and the City Attorney identified several other existing sections that needed minor amendments, additions, and/or deletions. These changes are reflected in Ordinance 843.

FISCAL IMPACT
This ordinance will bear no fiscal impact on the City or the Parks and Recreation Department.

Attachment:
Ordinance 843

ORDINANCE NO. 843

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING TITLE 7 (PARKS AND RECREATION) OF THE BRENTWOOD MUNICIPAL CODE RELATED TO, AMONG OTHER PROVISIONS: DEFINITIONS; USE OF AREAS; DOG PARK; ACTS PROHIBITED; ADVERTISING – SALE OF MERCHANDISE; VENDOR PERMITS; RECREATION; ORGANIZED LEAGUES; AND APPLICABILITY OF OTHER LAWS/PENALTIES.

THE COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:

1. Section 7.01.020 (Definitions) of the Brentwood Municipal Code is hereby amended to add the following definitions:
“ “Bicycle” means any two or three-wheeled vehicle propelled by the use of human power and includes road bikes, mountain bikes, BMX bikes and similar devices.

“Brentwood Service Area” means within the city limits.

“City” means the City of Brentwood.

“City Council” means the legislative body of the City of Brentwood.

“Commercial” means products or services that are produced and/or marketed with an emphasis on salability, profit or the like and includes teaching classes, the sale of services, food and/or drink items, or merchandise.

“Department” means the City of Brentwood Parks and Recreation Department.

“Dog Owner” means any person, firm, or corporation owning, having an interest in, or having control or custody or possession of any dog.

“Dog Park” means a facility set aside for dogs and their owners to exercise and play off-leash in a controlled environment.

“Mobile unit” means any apparatus (i.e., truck, trailer, cart, wagon) or structure not permanently fixed to a permanent foundation and which may be moved under its own power, pushed or pulled by hand, towed by a motor vehicle or carried upon or in a motor vehicle or trailer. A mobile unit does not include news racks or vending machines, but does include produce stands, mobile food preparation units, and vehicles as those terms are defined in the Health and Safety Code.

“Motorized mobile units” means a mobile unit which may be moved under its’ own power. Examples would be catering and ice cream trucks.

“Motorized vehicle” shall mean any automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land but not on rails.

“Non-motorized mobile units” means a mobile unit which may not be moved under its’ own power. Examples would be pedestrian carts and stands.
“Organized league” means a group of more than ten (10) players or a group that hold games on a regular schedule.

“Pedestrian cart” means a special type of non-motorized unit which contains one or more wheels and is readily moved by handle(s).

“Personal conveyance” means any unicycle, roller skate, roller blade, skateboard, or other similar wheeled or non-wheeled device, which is operated by human power, is utilized to move a person or persons across any ground surface or surfaces.

“Special Event Permit” is a permit granted only through an application process that is intended to protect the health, safety and welfare of the general public and insures that all parties, event participants, attendees, neighbors, residents and passers-by will not be inconvenienced and that their health, safety and welfare have been considered.

“Trail” shall mean a designated land corridor that provides recreational, aesthetic, alternate transportation or educational opportunities to users for all ages and abilities.

“Vehicle” shall mean a conveyance that transports people or objects.

“Vending” means the business of selling, offering for sale, displaying or causing to be sold, for cash or consideration, any item including without limitation, food, beverage, goods, services and merchandise.

“Vendor” shall mean any person, including without limitation an employee or agent, partnership or corporation, who is in the business of vending.

“Vendor permit” shall mean a permit issued as a part of an overall special event application and must be considered at the time of event approval. “

2. Section 7.01.020 (Definitions) of the Brentwood Municipal Code is hereby amended to replace the definition of “Park” and “Special Event”, in their entirety, to read as follows:
“Park” shall mean all areas within the city, operated, maintained, or controlled by the city that are designated for use as park, recreation or open space purposes, whether such property is a park, parkway, greenbelt, tot lot, sports field, internal or adjacent sidewalks, general trail, parking lot, on-street parking adjacent to park property, detention and retention basins, children’s playground area, picnic area, or is maintained as open space, including undeveloped sites for future parks and includes any structure thereon.

“Special Event” means an event which is scheduled to take place within the city, including events which will be conducted on or contiguous to a city street, sidewalk, alley or other right-of-way, or other public areas, (or events on private property which are likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic), or which may require special accommodations, regulation, or waiver of the usual traffic laws or controls, or is likely to generate a crowd of spectators sufficient in size to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or which may generate a crowd of sufficient size to restrict access to parks, recreation areas or other public areas, or any event which is likely to result in the need, for public safety reasons, for police regulation, monitoring and control.”

3. Subsection 7.02.020 D is hereby amended in its entirety to read as follows:
“D. Nothing in this chapter overrides or exempts the requirements of a temporary use permit (Brentwood Municipal Code Chapter 17.850, as that section may be amended from time to time).”

4. Section 7.02.040 (Liability insurance required) is hereby amended in its entirety to read as follows:
“7.02.040 LIABILITY INSURANCE REQUIRED.

Liability insurance with coverage as determined by the city shall be required for all special events and any other required permit, as determined by the director in consultation with the city’s risk manager.”

5. Subsections 7.02.060 (D)(E) of the Brentwood Municipal Code are hereby amended in their entirety to read as follows:
“D. The fee authorized by this chapter shall be set by resolution of the city council.
E. Requirement of a deposit for city rentals will be set by resolution of the city council.”

6. Section 7.02.080 (Use of Areas) of the Brentwood Municipal Code is hereby amended in its entirety to read as follows:

“7.02.080 USE OF AREAS.

The director shall have the authority to regulate the activities in park and facility areas, when necessary, to prevent congestion and to secure the maximum use of the park facilities for the comfort and convenience of all and may limit the length of time such facilities are used to avoid crowding. Visitors shall comply with any directions given to achieve this end. Individual tables and benches shall be used on the basis of “first come, first serve” except in such areas designated by “reservation only”, pursuant to the parks and recreation outdoor picnic permit policy on file with the department.

Park and facility areas shall not to be used for the purpose of conducting a commercial business without a vendor permit. The director may authorize the sale of goods at specific permitted special events.“

7. Section 7.02.090 (Hours of Public Use) of the Brentwood Municipal Code is hereby amended in its entirety to read as follows:

“7.02.090 HOURS OF PUBLIC USE.
A. All parks within the city shall be open from sunrise until sunset unless otherwise posted. No person shall enter or remain within the parks between sunset and sunrise except by permit or permission of the director or chief of police.
B. The director has the authority to set and change hours that restrooms will be available for use in parks.”

8. Section 7.02.140 (Candles) of the Brentwood Municipal Code is hereby amended in its entirety to read as follows:
“7.02.140 CANDLES.
Except by permission of the director, candles and other open-flame devices are not allowed in city facilities or parks, as provided and defined by Section 2501.17 of 1998 California Uniform Fire Code, as that section may be amended from time to time.”

9. Chapter 7.02 of the Brentwood Municipal Code is amended to add Section 7.02.175 (Dog Park) to read as follows:
“7.02.175 DOG PARK.

A. Dog owners using dog park shall:
1. Have dog(s) properly licensed and tagged pursuant to Contra Costa County Code, Section 416-6.002 as that section may be amended from time to time.
2. Have current Contra Costa County License worn on their dog(s) within the park.
3. Have dog(s) properly vaccinated and current with their vaccinations.
4. Be with their dog(s) within the fenced area at all times.
5. Have the dog(s) under voice control at all times.
6. Carry with them the dog(s) leash.
7. Keep dog(s) in the designated enclosed area when off leash.
8. Have dog(s) leashed and under control before leaving the dog park area.
9. Not use dog park if dog(s) is aggressive towards people or other dogs, is anti-social, is in heat, is unruly or barks excessively.
10. Not bring dog(s) younger than four (4) months of age to the dog park.
11. Respect the privacy of surrounding residences.
12. Be responsible for cleaning up dog(s) feces with the materials provided and place waste in trash receptacles provided.
13. Be solely responsible and liable for the actions and behavior of the dog(s) under their supervision at all times while in the dog park area.
14. Have no more than 3 dogs (per owner) at one time in the dog park.
B. Children ages 12 and under must be accompanied by an adult when in the dog park.
C. Contra Costa County Animal Services Department will be contacted for dogs left unattended at the dog park.”

10. Section 7.02.180’s (Acts prohibited) introductory paragraph and subsection “A” of the Brentwood Municipal Code are hereby amended in their entirety to read as follows:

“7.02.180 ACTS PROHIBITED.
The following acts are prohibited in a city park or facility and parents of any minor who does any of these prohibited acts shall be responsible for all such damage:

A. Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or appurtenances, vending machines, or other public property.”

11. Section 7.02.180 (Acts prohibited) of the Brentwood Municipal Code is hereby amended to add the following sections:
“FF. Use of bicycles or personal conveyances in city parks/facilities in a negligent, unsafe or reckless manner or in a way that endangers the life, limb or property of any person or in violation of the provisions of California Vehicle Code section 21201, as that section may be amended from time to time.
GG. Use of motorized vehicles in city parks/facilities, with the exception of authorized City vehicles or trails so designated.”

12. Section 7.02.210 (Advertising – Sale of merchandise) of the Brentwood Municipal Code is hereby amended in its entirety to read as follows:

“7.02.210 ADVERTISING -- SALE OF MERCHANDISE.
No person in a park/facility or on public property adjacent to a park/facility shall do any of the following without first receiving a vendor permit from the director:

A. Expose, announce, advertise, call public attention to, or offer any article of food, drink, or merchandise for sale; nor shall he/she station or place any stand, cart, pedestrian cart, motorized or non motorized mobile units, or vehicle for the transportation, sale, or display of any such article of food, drink, or merchandise in a park/facility; and
B. Paste, glue, tack or otherwise affix any banners, signs, placards, advertisements, or inscription in a park/facility.”

13. Chapter 7.02 of the Brentwood Municipal Code is amended to add a new section 7.02.215 (Vendor Permits) to read as follows:

“7.02.215 VENDOR PERMITS.
The director can authorize the sale of goods at specific, permitted special events. If a vendor wishes to seek approval of the director for the purpose of selling goods or services, a vendor permit application must be submitted for review. Vendor permit applications are available in the parks and recreation department.

If a vendor permit is issued by the director for a vendor to sell merchandise, food, beverages, or services, vendor is required to obtain a valid city business license, comply with related applicable city, county, state, and/or federal regulations, and meet the city’s insurance requirements and submit any other required documentation prior to commencement of vending in parks/facilities. A vendor permit must be kept on-site with the vendor and vendor must show such permit upon request.

If a vendor wishes to seek approval of the director for the purpose of selling goods or services, a vendor permit application must to be submitted for review. The city reserves the right to not allow vendors at specific city-sponsored events. The decision of the director related to vendor permits is final.”

14. Section 7.03.120 (Violation – Penalty – Continuing offenses) is deleted in its entirety.

15. Chapter 7.05 (Recreation) of the Brentwood Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 7.05
RECREATION
Sections:
7.05.010 City of Brentwood recreation service area – Established.
7.05.020 City of Brentwood service area – Boundaries.
7.05.030 City service area – Policy – Fees.
7.05.040 Organized leagues.

7.05.010 CITY OF BRENTWOOD RECREATION SERVICE AREA -- ESTABLISHED.

The city service area is authorized and established for conducting recreation and activity programs pursuant to the policies and guidelines established by the city council and effectuated by the parks and recreation department for use of city and school district facilities and for enrollment in city sponsored and co-sponsored recreation activities.

7.05.020 CITY OF BRENTWOOD SERVICE AREA – BOUNDARIES.
As of the effective date of this section, the city service area boundaries shall be the city limits. The city service area boundaries may be amended from time to time by resolution of the city council of the city with input and recommendation by the park and recreation commission.

7.05.030 CITY SERVICE AREA – POLICY – FEES.
A. The director, with recommendation(s) from the park and recreation commission, shall establish, adopt and amend guidelines, policies, rules and regulations for use of facilities within the boundaries of the city service area.
B. The city council may by resolution, with recommendation(s) from the park and recreation commission, set fees for participation in recreation programs sponsored or co-sponsored by the city and held at facilities within the boundaries of the city service area.

7.05.040 ORGANIZED LEAGUES.

A. Organized league play in city parks and facilities is by permit only.
B. An organized league is self-supportive and self-administered and shall furnish all necessary materials, finances, and workers to organize, conduct and administer its own program.
C. Organized leagues must adhere to the safety and liability rules and regulations for use of available fields set by the city.
D. All managers, coaches, parents, and participants must adhere to the “Code of Conduct” that has been adopted by the park and recreation commission and is on file with the parks and recreation department.
E. The city reserves the right to identify specific parks and facilities for organized league use for games and/or practices.”

16. Section 7.06.010 (H) of the Brentwood Municipal Code is hereby deleted in its entirety.

17. Chapter 7.07 (Applicability of Other Laws/Penalties) of the Brentwood Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 7.07
APPLICABILITY OF OTHER LAWS/PENALTIES
Sections:
7.07.010 Applicability of other laws.
7.07.020 Penalties.
7.07.010 APPLICABILITY OF OTHER LAWS
A. Nothing in this title shall exempt any person from applicable provisions of any other laws of this state or the city.
B. Notwithstanding subsection A above, where the provisions of this Title 7 related to vending conflict with those provisions of Brentwood Municipal Code Chapters 5.48 (Peddlers and Solicitors) or 5.68 (Mobile Vending), the provisions of this Title shall prevail.

7.07.020 PENALTIES.

Any person violating any of the provisions of this title or who causes, allows or permits any violation of this title is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of at least one thousand dollars ($1,000) or imprisonment for a term not exceeding six months or by both such fine and imprisonment; or that person may receive an administrative citation as provided in Chapter 1.08 of this Code.”
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov