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Home My WebLink About1976-10-05; City Council; 3782; Commercial use of Rotary Parkc - CITY OF' CARLSBAD AGENDA BILL NO. - DATS : October 5, 1976 DEPARTMENT: Parks and Recreation *- Initial : Dept. Hd. C. Atty. C. Mgr. Subject: Y COMMERCIAL USE OF ROTARY PARK Statement of the Matter Two residents of Carlsbad, Mrs. Donna Gardrier-and Yvonne Meier, request the use of Rotary Park on November 1976, .from 1O:OO a.m. to 4:OO p.m, for a craft fair at which they and approximately 35 to 40 others will display and sell their homemade crafts Cor their own profit. This affair has been held at the park for the past 5 years. City Council should approve or disapprove a commercial venture in accordance with the Carlsbad Municipal Code Section 11.24.130 (18). EXHIBITS 2' Park Use Registration Form axtract from Carlsbad Municipal Code Section 11.24.130 RECOMMENDATION Staff recommends approval of the commercial'use of the park. COUNCIL ACTION 13-5-76 Permission was granted for use of 2otary Park on November 7, 1976 for holding a Craft Fair. ?L.24.115--11.24.1.30 - - I light Saving I nth day of Nc7 year. Excep our in any ar d by the chic rvisor , dis tr esources, di rfboard ridi 3033 52). tion of arti Articl.,d I1 of this to thosA surf- or other direct1 n of trainin \ pur- PO (Ord. 3033 sa). 111 PARKS AND BEACHES 11.24.120 Parks--Scope. -I_.- For the purpose of Article III of this chapter, parks shall include all dedicated parks, parks established- by adverse uszs , planted areas opGn to the general public, parks on leased property, planted park- ways , triangles, and traffic circles maintained by thz city, except parkway strips between curb and sidewalk or behind curb, along the several streets and highways of the city. (Ord. 3083 51, 1970). # 11.24.125 Beaches--Scope. For the purpose of Article I11 of this chapter, beaches shall include all beach areas borde-ring the Pacific Ocean, the Agua Hedionda Lagoon, and the Buena Vista Lagoon. (Ord. 3083 S2, 1970). 11.24.130 Unlawful acts. It is unlawful for any per- son to do any of the following mentioned acts in or upon I any park or beach within the city: litter, r3r other kind of waste materials, except in approved containers specifically placed and designated 'i receive such waste materials ; areas as are specifically designated by the city manager for such fires, including stoves, barbecue pits, fire rings and the like; . ( 3) To commit any act of vandalism, including the damaging or destroying of trees or their leaves, limbs or branches, bushes , shrubbery, equipment, sips, buildings or rooms, or to tear down or to deface the scam, or to pick any crops, fruit or flowers in any portion of such public park or beach ; ( 4) To bring into or use any firearms or 'air or gas OK spring propelled guns, sling shots, bows and arrows, ( 1) To dump or deposit any trash, refuse'; rubbish, (b) To start or maintain any fire, except in such .. 215 -_ 13.. 24.130 except that bows and arrows may be permitted in such portions of public parks or beaches which are specifically designated by the city manager for archery or other projeqtile throwing devices ; ( 5) To discharge or set off fire crackers, torpedoes, rockets or other fireworks except where a permit has been granted by the city manager. The eity manager shall grant said permit only where he finds that the fireworks has the necessary skill and experience to do so, and or property ; ( 6) To stable, pasture or keep animals or insects; ( 7) To enter any portion of a public park or beach in the city, or buildings or portions thereof in such pub- lic parks and beaches which are posted with signs stating "No Entry", "Keep Out", "NO Trespassing", "Closed P.rea" or' other prohibition of entry: ( 8) To enter any portion of or be in a public park or beach in the city at a time of the day, or on 2 day of the week, when such entry is prohibited by a clearly legible sign posted at each entrance to such public park or beach. The city manager is given authority to post such signs; any public ?zrk or beach in thc city, except in areas specifically designated as parking areas by the city manager; (10) To construct or erect on any portion of a public park or beach in the city any building, fence or structure of whatever kind, whether permanent or temporary in charac- ter, or run, or string or install any public service utility into, upon or across. such lands, except on special written permit of the city manager as to temporary items and of the city council as to permanent items. Each day such condi- * (A) It is for an established civic celebration, (€3) the person proposing to discharge or set off (C) that it can be done without endan5ering persons ( 9) To park any automobiles or any other vchicles in tion exists shall constitute a new and separate offense; -_ --. -' -.\ -. (11) To ride or lead horses, or to hitch, gasten, lead, ' drive or let loose any animal or fowl of any kind, provided that this shall not apply to dogs when led by a cord or chain, not more than six feet long; grass, soil, rock, sand, gravel or fertilizer; nated and posted on camping sites by the city manager; in any picnic area; service, concert, exercise or exhibition; system, loud speaker, bullhorn or other power amplified sound equipment without first obtaining a written permit from the city manager; __- <.*-- - (12) To cut and remove any wood or to remove turf, (13) To camp or lodge therein except in areas desig- (14) To pl-ay or engage in any sport or sporting event (15) To disturb in any manner any picnic, meeting, (16) To use or pennit to be used any public address i 216 *s 11.. 24.130 - - I I (' (17) To distribute any handbills .or circulars, or to post, place or erect any bills, notice, paper, or advcr- tisiny device or matter of any kind; (18) To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless granted a val4d permit by the city council; (19) To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatso- .. ever kind or character without permission of the city council; . any time, except as permitted by the city manager in design- nated strests or parking areas or as.part of a supervised d (20) To use or operate any motor-powered vehicles at f., . . recreational activiQ. This paragraph does not apply to officers, agents or employees of the United States, the state of California, the city, or public utility coxpanies or other local government agencies , when they are using motor-powefed vzhicles in the perfoLmance of their official duty, nor to the use of motor-powered vehicles in ernerger,- cies when it is necessary to use then for the preservztion or protection of lize or-property, nor to utility coDpanies using motor-powered vehicles for the installation, mainten- .znce, repair or servicing of utility lines; (21) No company, society or organization of more than twenty-five persons shall hold or conduct any picnic, cele- bration, paradz, service or exercise in any public park, or beach without first SStainiZg per~~issior! frorr! the cit;~ manager, and it shall be ;ullas.rful for any person to takc part in any picnic, celebration, parade, service, or exer- cise held or conducted contrary to' the, provisions hereof. If the city manager denies said permit, appeal may be made to the city council within ten days thereafter; enter or use any water closet, restroom, dressing room or other facility designated for exclusive use by persons of the opposite sex in a public park or beach; together in any walk, passageway or pathway set apart for the travel of persons through any park or bead or to oc- cupy same so that the free passage or use thereof by per- sons passing along the same shall be obstructed in any manner ; ation of motor vehicles and free right of public access over, or across any validly dedicated public street or road in the city; (25) No person shall allow any dog owned by him or any dog subject,to his control, custody, or possession, to enter upon any park within the city; (26) No person shall play or practice golf or swing any golf club within any park within the city, except in (22) No perso:i who is over six years of age shall -. (23) For any person to assemble, collect or gather (24) Nothing herein contained shall prevent the oper- 217 (Carlsbad 7/15/72) .’ c - ~’..24.235--11.24.1~0 .* .- L I’ ” ,. i such areas and to the extent as may be authorized by posted signs authorized by the city. (Ord. 3091, 1972: Ord. 3083 S3, 1970). 11.24.135 Public --- dances. It is unlawful for any per- son to present, conduct, hold, or participate in any public dance on any bzach, park, navigable ,water ama, or public . right-of-way ox city-owned property without’ first having (Ord. 3083 S4, 1970), . obtained the permission therefor froin the city council. 17..24.140 Violations--Seizure of property. The city manager, city police, or ero.??l.oyees of the pzrks and recrea- tion department shell have the authority to sdizz and con- fiscate any property,’ thing, or device used in violatj.on of the terms of Article 111 of this chapter. (Ord. 3083 S5, 1970). 218 (Carlsbad 7/15/72)