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Home My WebLink AboutOrd 2001-16 ORDINANCE 01-16 L AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE, CHAPTER 9, PARKS AND RECREATION, ARTICLE 9-1, PARKS AND RECREATION DEPARTMENT, ELIMINATING SECTION 9-1-3(G) RULES RELATING TO GOLDEN EAGLE PARK AND SECTION 9-1-3(H) RULES RELATING TO THE OFF-LEASH RECREATIONAL FACILITY; ELIMINATING SECTION 9-1-5 CONSUMPTION OF ALCOHOL AT GOLDEN EAGLE PARK; AND ADDING SECTION 9-4-1 PURPOSE AND INTENT, SECTION 9-4-2 CONSUMPTION OF ALCOHOL AT TOWN OWNED PARKS, AND SECTION 9-4-3 RULES AND REGULATIONS AT TOWN OWNED PARKS. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. That the Town Code, Chapter 9, Parks and Recreation Department, Article 9-1, Powers and Duties of Director, Section 9-1-3 G and H are hereby amended to read as follows: G. The following rules shall apply to the conduct of persons at Golden Eagle Park: 1. No pets allowed except on leash. 2. No vehicles except in designated areas and any vehicles left after 11:00 p.m. will be towed at the c pew 3. No golfing or practicing of golf on grass areas. /1. No open fires or overnight camping. 5. No glass beverage containers. 6. No firearms or weapons unless specifically authorized. Upon conviction of a violation of any of the rules set forth in this subsection, the party cenvicted shall be charged with a petty offense. Subsequent convictions for the violation of these rules by I4G. Perform other duties as may be assigned by the town manager. LI. The following-pules shall apply to the conduct of persons at the Fountain Hills Off Leash 1. Dogs must wear a visible and current license. 2. Dog waste must be removed and properly disposed. 3. Aggressive dog behavior is not permitted within the facility. /1. Gates must be kept closed at all times. 5. Dog handlers must be within the facility and supervise their dogs at all times. 6. Dog handlers using this facility must carry on their person, a standard(6 foot) length leash. 7. Female dogs in heat are not permitted within the facility. S. Any damage done to the park(ex. digging) must be repaired by the dog handlers. 10. Dogs must be leashed until completely inside the enclosed facility. if appropriate. Upon conviction of a violation of any of the rules set forth in this subsection, the party convicted thw shall be charged with a petty offense. Subsequent convictions for the violation of these rules by the same party shall be treated as a Class 1 misdemeanor. Section 2. That the Town Code, Chapter 9, Parks and Recreation Department, Article 9-1, Consumption of Alcohol at Golden Eagle Park, Section 9-1-5 A through C are hereby eliminated as follows: A. The consumption of spirituous liquor as defined in paragraph 31 of A.R.S. §4 101 is prohibited in Golden Eagle Park unless pursuant to a valid Arizona Special Events liquor license and the B. The consumption of beer and wine on the premises of Golden Eagle Park is limited and restricted to specific permitted areas. Upon receipt of a completed application form and payment of the proper fee, the director shall review the application and issue the permit pursuant to printed rules C. Violation of any provision of this section shall, upon conviction, be considered a class 1 fisiselemeaner, Section 3. That the Town Code, Chapter 9, Parks and Recreation Department, is hereby amended by the addition of Article 9-4, Park Rules and Regulations, consisting of three sections numbered and titled as set forth below: Ordinance 01 -16 Page 2 of 5 ARTICLE 9-4 PARK RULES AND REGULATIONS kw 9-4-1 PURPOSE AND INTENT 9-4-2 CONSUMPTION OF ALCOHOL AT TOWN OWNED PARKS 9-4-3 RULES AND REGULATIONS AT TOWN OWNED PARKS SECTION 9-4-1 PURPOSE AND INTENT TOWN OWNED PARKS PROVIDE EXCELLENT RECREATIONAL OPPORTUNITIES AND ENCOURAGE ENHANCED QUALITY OF LIFE TO TOWN RESIDENTS. SUCH PARKS ARE MAINTAINED AND OPERATED WITH AN EMPHASIS ON SAFETY, CLEANLINESS, AND BEAUTY. THESE REGULATIONS ARE SPECIFICALLY INTENDED TO PROVIDE RULES AND REGULATIONS FOR EACH TOWN-OWNED PARK AND IS ACCOMPLISHED AS FOLLOWS: SECTION 9-4-2 CONSUMPTION OF ALCOHOL AT TOWN OWNED PARKS A. THE CONSUMPTION OF SPIRITUOUS LIQUOR AS DEFINED IN PARAGRAPH 31 OF A.R.S. §4-101 IS PROHIBITED IN TOWN-OWNED PARKS UNLESS PURSUANT TO A VALID ARIZONA SPECIAL EVENTS LIQUOR LICENSE AND THE EXPRESSED WRITTEN PERMISSION OF THE TOWN COUNCIL. B. THE CONSUMPTION OF BEER AND WINE ON THE PREMISES OF TOWN-OWNED PARKS IS LIMITED AND RESTRICTED TO SPECIFIC PERMITTED AREAS. UPON RECEIPT OF A COMPLETED APPLICATION FORM AND PAYMENT OF THE PROPER FEE, THE DIRECTOR SHALL REVIEW THE APPLICATION AND ISSUE THE PERMIT PURSUANT TO PRINTED RULES AND REGULATIONS DEVELOPED BY THE DIRECTOR. C. PENALTY: VIOLATION OF ANY PROVISION OF THIS SECTION SHALL, UPON CONVICTION, BE CONSIDERED A CLASS 1 MISDEMEANOR. SECTION 9-4-3 RULES AND REGULATIONS AT TOWN OWNED PARKS A. ALL PERSONS WHO USE TOWN OWNED PARKS SHALL OBEY THE FOLLOWING RULES WHILE ON PARK PROPERTY. 1. NO OPEN FIRES. 2. NO OVERNIGHT CAMPING. 3. NO FIREARMS OR WEAPONS. 4. NO PETS ALLOWED EXCEPT ON LEASH. ANIMAL WASTE SHALL BE REMOVED BY OWNER IN ALL TOWN PARK FACILITIES. ACTIVITIES WITHIN THE OFF-LEASH RECREATIONAL FACILITY ARE EXEMPT FROM THE LEASH PROVISION. Ordinance 01 -16 Page 3 of 5 5. NO PERSON SHALL OPERATE SKATEBOARDS, ROLLERBLADES, INLINE SKATES, BICYCLES OR ANY ROLLING (NONMOTORIZED) VEHICLE IN TOWN PARKS WHERE SUCH ACTIVITY IS SPECIFICALLY PROHIBITED BY APPROPRIATE POSTING OR IN AN UNSAFE MANNER SO AS TO INFRINGE UPON THE SAFETY OF THEMSELVES OR OTHER PARK USERS. ACTIVITIES WITHIN THE BOUNDED AREA OF THE SKATE PARK FACILITY ARE EXEMPT FROM THIS PROVISION. 6. THE SKATE PARK FACILITY AND THE OFF-LEASH RECREATIONAL FACILITY SHALL EACH BE SUBJECT TO THEIR OWN UNIQUE AND SPECIFIC RULES. RULES AND REGULATIONS SHALL BE VISIBLY POSTED AT THE SKATE PARK FACILITY, AND ARE SUBJECT TO CHANGE BY ACTION OF THE DIRECTOR. 7. PARK HOURS SHALL BE VISIBLY POSTED AT EACH PARK. 8. NO VEHICLES EXCEPT IN DESIGNATED AREAS AND ANY VEHICLES LEFT AFTER 11:00 P.M. WILL BE TOWED AT THE OWNER'S EXPENSE. 9. NO GOLFING OR PRACTICING OF GOLF ON GRASS AREAS. 10. NO GLASS BEVERAGE CONTAINERS. 11. GAS POWERED MODEL AIRPLANES AND INCENDIARY MODEL ROCKETS ARE PROHIBITED. 12. LAKES, FOUNTAINS, AND OTHER WATERWAYS SHALL NOT BE USED FOR SWIMMING, WADING, BATHING, FISHING, OR BOATING. 13. NO PERSON SHALL TETHER, LAUNCH OR LAND A HOT AIR BALLOON IN A TOWN PARK EXCEPT WITH THE PERMISSION OF AUTHORIZED TOWN STAFF AND A SPECIAL EVENT PERMIT. 14. THE TOWN OF FOUNTAIN HILLS SPECIFICALLY RESERVES THE RIGHT TO HOLD FINANCIALLY LIABLE THE PARENTS OF ANY MINOR CHILD FOR CONSEQUENCES OF THE CHILD'S INFRACTION OF THIS CODE AND/OR ANY DAMAGE A MINOR CHILD CAUSES ON OR TO TOWN PROPERTY. 15. THE DIRECTOR SHALL HAVE THE POWER TO ENACT NEW PARK RULES AT ANY TIME TO THE EXTENT THAT SUCH RULES ARE CONSISTENT WITH FEDERAL AND STATE LAW, AND THIS TOWN CODE. SUCH ADDITIONAL RULES WILL BE CONSIDERED PETTY OFFENSES AS DEFINED UNDER B(1) AND B(2) BELOW. B. PENALTIES 1. VIOLATION OF SUBSECTIONS A(4) THROUGH A(14) SHALL BE CONSIDERED A PETTY OFFENSE IF THE OFFENDER HAS NOT COMMITTED THE SAME INFRACTION WITHIN THE LAST TWENTY-FOUR (24) MONTHS. PETTY OFFENSES SHALL BE PUNISHABLE BY A FINE OF UP TO ONE HUNDRED DOLLARS ($100.00). Ordinance 01 -16 Page 4 of 5 2. SUBSEQUENT VIOLATION(S) OF THE SAME SUBSECTION A(4) THROUGH A(14) WITHIN A TWENTY-FOUR (24) MONTH PERIOD SHALL BE CONSIDERED A CLASS 3 MISDEMEANOR, AND WILL BE PUNISHABLE AS SUCH UNDER STATE LAW. 3. VIOLATIONS OF SUBSECTION A(1), A(2), OR A(3) OF THIS SECTION SHALL BE CONSIDERED A CLASS 1 MISDEMEANOR AND WILL BE PUNISHABLE AS SUCH UNDER STATE LAW. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 4th day of December, 2001. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: Cif eiulLQ,6 haron Morgan, May r Cassie B. Hansen, Director of Administration/Town Clerk REVIEWED AND APPROVED BY: Lir Wil iam E. Farrell, Acting Town Manager/Town Attorney L Ordinance 01 -16 Page 5 of 5