ADMINISTRATION - Cathy Sorensen, City Clerk
Title
SECOND READING
CHAPTER 54 - PARKS AND RECREATION ARTICLE III. - CONDUCT IN PUBLIC PARKS
Background
After discussion at the February 4 workshop regarding special events and conduct in public parks, staff is bringing forward the following proposed code amendments:
• Allow intoxicating alcohol to be sold by nonprofit groups or State-licensed caterers in community parks such as Aquatore, Blaine Baseball Complex, and Lexington Athletic Complex but not in neighborhood parks or at Lakeside Commons
• Address advertising and signage allowed in City parks as part of a City-approved event
• Authority to establish additional regulations with regard to special events in public parks such as insurance, traffic management plans parking requirements, and inspections
• Minor housekeeping amendments with regard to use of motorboats within City limits
Staff is recommending two minor amendments since first reading was held on March 17, 2016:
• Correction to Sec. 54-75, Authority to Establish Additional Regulations
o Language included that Council authorize the City Manager or designee to establish other appropriate regulations as necessary
• Clarifying language added to Sec. 54-72, Use of Motorboats
o Definition of motorboats consistent with Sec. 82-196 for boats operated solely by an electric trolling device
Recommendation
Hold second reading and adopt the proposed ordinance.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
Sec. 54-71. - Hours public parks open.
No person, except authorized personnel, or persons participating in events conducted under a special events license issued by the city shall be in or remain in a public park in the city between the hours of 10:00 p.m. and 5:00 a.m. of the day following.
(Code 1963, § 74.01; Code 1980, § 14-5; Ord. No. 596, 12-21-1978)
Sec. 54-72. - Use of motorboats on [Lochness Lake] any water ways within City limits.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Motorboats means any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors and does not include a boat which is operated solely by an electric trolling device as defined in Sec. 82-196.
(b) Prohibited generally; exception. No person, except fish and game management, fire/rescue personnel and law enforcement personnel acting in the performance of their assigned duties and training exercises, shall operate a motorboat on [Lochness Lake, located in Lochness Park in the city] any water ways within City limits.
(Code 1963, § 73.02; Code 1980, §§ 14-6, 14-7; Ord. No. 391, 11-7-1974)
Sec. 54-73. - Alcoholic beverages.
No person shall drink, consume or have in [his] their possession any alcoholic beverages in any city park. No person shall drink, consume or have in [his] their possession an open bottle or container of alcoholic beverages in any motor vehicle when such vehicle is within the boundaries of a city park, including parking and other areas connected with the park. The prohibition relating to the possession or consumption of intoxicating or [nonintoxicating] 3.2 percent malt liquor within a city park shall not apply to an event for which a temporary intoxicating or [nonintoxicating] 3.2 percent malt liquor license has been issued pursuant to section [6-142] 6-38(3) and State Statute 340A.404 or relating to the possession or consumption of intoxicating malt liquor or intoxicating liquor within a city park authorized by the Police Chief after proof of a State-issued Caterer’s Permit and appropriate liquor liability insurance as part of a City-approved event. Licensing and sale of intoxicating liquor will only be allowed in community City parks, including but not limited to Aquatore Park, the Blaine Baseball Complex, and the Lexington Athletic Complex and will not be allowed in neighborhood parks or Lakeside Commons. (Code 1980, § 14-8; Ord. No. 88-104, 6-2-1988)
Cross reference- Alcoholic beverages, ch. 6
Sec. 54-74. - Merchandising, advertising and signs.
No person in a park shall:
(1) Expose or offer for sale any article or thing; nor shall they station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing unless a special event license has been issued.
(2) Announce, advertise, or call the public attention in any way to any article or service for sale or hire.
(3) Paste, glue, tack or otherwise post any sign whatever on any public lands or highways or roads adjacent to a park.
(4) Exception is here made as to anyone acting by and under the authority and regulation of the City Manager or designee for a City-sponsored event.
Sec. 54-75. - Authority to establish additional regulations.
The City Council shall authorize the City Manager or their designee to establish such other regulations as they deem appropriate for the use of parks and shall cause such regulations to be posted or otherwise published in the Policy for Usage of Public Parks, Recreational Facilities and Equipment, so as to make their terms known to the affected users of the parks. A violation by any person of any such Park Advisory Board regulations shall be deemed to be a violation of this article.
Secs. 54-7[5]6.-54-89. - Reserved.
INTRODUCED AND READ in full the 17th day of March, 2016.
PASSED by the City Council of the City of Blaine this 7th day of April, 2016.