HomeMy Public PortalAboutORD-CC-2016-12ORDINANCE #2016-12
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 12.20
PUBLIC PARKS, SPECIFICALLY SECTIONS 12.20.005 AND 12.20.030 AND ADDING
SECTION 12.20.060 BY AMENDING AND DEFINING RESTRICTED PARK USES
WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially
Chapter 12.20, also known as "Public Parks" in an effort to promote safe use of all City parks and
pathways; and,
WHEREAS, from time to time the City has noticed that there is a need to amend the Code Chapters in
order to clarify existing uses or prohibit activities that may be deemed unsafe; and,
WHEREAS, Council reviewed Ordinance #2016-12 in a regularly scheduled public meeting held on
September 12, 2016, to hear and decide the merits of the proposed change to Chapter 12.20, Restricted
Park Uses, of the Moab Municipal Code; and,
WHEREAS, Council found that the amendments to the code are in the best interests of the City.
NOW, THEREFORE, the Moab City Council hereby adopts Ordinance #2016-12 and amends Chapter
12.20 as follows:
Chapter 12.20
PUBLIC PARKS
12.20.005 Definitions.
12.20.010 Designated --Erection of signs.
12.20.020 Permit for extension --Exceptions.
12.20.030 Violation --Penalty.
12.20.040 Consumption or possession of alcoholic beverage prohibited.
12.20.050 Creation of smoke -free outdoor public places.
12.20.060 Restricted Park Uses
12.20.005 Definitions.
"Mass gathering" means an outdoor assembly of one hundred or more people on city -
owned property that reasonably can be expected to continue for two or more hours.
"Motorized vehicle" means any motorized vehicle capable of, or designed for, travel on
or immediately over land, water, paved pathways or other natural terrain. This includes motor
assisted bicycles (electric, gas or diesel).
"Public park" means and includes city -owned parks, public squares, ball diamonds,
soccer fields, path systems and other recreation areas, but not designated smoking areas specified
by the city.
"Slacklining" means the act of walking or balancing along a suspended length of flat
webbing fixed above the ground that is tensioned between two anchors. Slacklining is similar to
slack rope walking and tightrope walking.
"Smoke" or "smoking" means and includes: Possession, carrying, or holding a lighted
pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting or
emitting or exhaling of smoke of a pipe, cigar, or cigarette or any kind, or of any other lighted
smoking equipment.
(Ord. No. 11-12, 4-12-11)
12.20.010 Designated --Erection of signs.
A. Public parks in the city, except as otherwise provided, shall be closed at eleven
p.m. daily, and shall remain closed until five a.m. of the next day.
B. Appropriate signs shall be erected, giving notice of the closing hours established
in this section in each public park.
C. When the aforesaid signs have been erected, it shall be unlawful for any person,
except a person excepted from the operation of this article to enter or remain in or upon the
premises of any park during the hours of closing established in this section.
(Ord. 10-81 (part), 1981: prior code § 29-1-1)
12.20.020 Permit for extension --Exceptions.
A. The city council finds that justification for exceptions to park closing hours may
exist in the case of activities of groups of citizens when valid reasons are established for the
extension of such closing hours and responsibility for removal of litter, trash and debris and the
performance of conditions can be established. The city parks department is directed to establish
rules and procedures for the issuance of permits consistent with the guidelines of this chapter.
B. Permits may be issued for the use of any part or all of the park, after the specified
closing time and until a time specified in such permit. When any such permit has been issued, the
closing time of the park specified in the permit shall be extended to the time specified. Such
permit may require performance of conditions including removal of litter, trash and debris, and
in such case shall entitle the applicant to be or remain in such park after the extended closing
time and until such conditions are performed.
C. The provisions of this article shall not apply to employees of the department,
police officers, ambulance personnel, firemen, or any city, state or county officers engaged in the
performance of their duties.
(Ord. 10-81 (part), 1981: prior code § 29-1-2)
12.20.030 Violation --Penalty.
Any person violating any provision of this chapter, whether by act of commission or act
of omission, shall be guilty of an infraction, and upon conviction thereof, shall be liable to
punishment by a fine of not more than five hundred dollars. Repeat offenders are punished with a
Class B misdemeanor, as defined by Utah statute.
(Ord. 86-06 § 14, 1986: Ord. 10-81 (part), 1981: prior code § 29-1-3)
12.20.040 Consumption or possession of alcoholic beverage prohibited.
It is unlawful for any person to consume beer or to have in his possession any beer or
alcoholic beverage within any public park of the city.
(Prior code § 17-48)
12.20.050 Creation of smoke -free outdoor public places.
Smoking is hereby prohibited in public parks and within fifty feet of mass gatherings.
A. Exceptions:
1. This regulation does not apply to smoking areas for
employees. Designated employee smoking areas are subject to the Utah
Indoor Clean Air Act 26-38-1-9.
2. No smoking signs shall be clearly posted in every outdoor
public place.
3. Signs shall include the international "No Smoking" symbol.
(Ord. No. 11-12, 4-12-11)
12.20.060 Restricted Park Uses.
The following uses shall be restricted as follows:
1. Motorized vehicles, as defined in this section, shall be prohibited in all public
parks. Unless the motorized vehicles are involved in a car show approved by
Council.
2. Slacklining, as defined in this section, shall only be permitted in the following
designated areas:
a. Swanny Park - next to skate park on designated posts only (not to use
trees as anchors).
b. Mill Creek Parkway next to the BMX park on designated posts only
(not to use trees as anchors).
Effective Immediately Upon Passage.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of
Moab City Council on, a 7 .016
S GNED: 11
David L. Sakri on, Mayor
ATTEST:
Rachel Stenta, Recorder
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