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HomeMy WebLinkAbout1659 ORDINANCE NO. l659 AN ORDINANCE OF THE CITY OF ARCADIA RETITLING CHAPTER 4 OF ARTICLE IV, RETITLING PARTS 1 AND 2 THEREOF, ADDING DIVISIONS 1 and 2 TO PART 2, AND RENUMBERING THE SECTIONS OF CHAPTER 4 AND ADDING A NEW PART 1 PROHIBITING PERSONS AND VEHICLES IN CITY OWNED OR OPERATED PARKS BE- TWEEN lO P.M. AND 7 A.M. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section l. That the Arcadia Municipal Code is hereby amended by amending Chapter 4 of Article IV as follows: A. The title of Chapter 4 shall read "CITY PARK REGULATIONS." B. The title to Part 2 of Chapter 4 shall read "WILDERNESS PARK." C. There is hereby added a Division 1 to aforesaid Part 2, en- titled "DEFINITIONS" and the following existing sections are hereby made a part of aforesaid Division 1 and are renumbered as follows: 4410 to 4421, 44l0.l to 4421.l, 44l0.2 to 442l.2, and 44l0.3 to 442l.3. D. There is hereby added a Division 2 to aforesaid Part 2, entitled "REGULATIONS" and the following existing sections are hereby made a part of aforesaid Division 2 and are re- numbered as follows: 4420 to 4422, 4420.l to 4422.l, 442l to 4422.2, and 4422 to 4422.3. E. There is hereby added a new Part 1 to Chapter 4 of Article IV to read as follows: "ARTICLE IV. PUBLIC WELFARE, MORALS AND POLICY CHAPTER 4. CITY PARK REGULATIONS PART l. CITY PARKS OTHER THAN WILDERNESS PARK 44l0. NIGHT USE PROHIBITED. No person shall at any time between lO o'clock P.M. and 7 o'clock A.M. of the fOllowing day be or remain in or upon or enter either on foot or by vehicle or drive, operate, stop or be in any vehicle within any park owned or operated by the City of Arcadia. -l- l659 4ll0.1. PARKING RESTRICTED, TOWAWAY. No person shall park any vehicle as defined in Section 442l.2 within any park owned or operated by the City of Arcadia at any time between the hours of 10 o'clock P.M. and 7 o'clock A.M. of the following day while signs giving notice thereof remain posted in said park. Any vehicle parked in violation of section may be towed away at the owner's expense, provided that there is posted on each such sign erected pursuant to this section a notice that vehicles are subject to towaway and the telephone number of the Arcadia Police Department. The Public Works Director is hereby authorized to post the signs specified in this section. 44l0.2. EXCEPTION. The provisions of this Part shall not apply to Wilderness Park as defined in Section 442l.3 and shall not apply to any employee of the City, or of any public utility or governmental agency who is required to commit the acts prohibited by this Part in the course of his employment. Section 2. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misde- meanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and im- prisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. -2- l659 Section 3. In addition to the penalties provided in the pre- ceding Section, any condition caused or permitted to exist in viola- tion of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or un- constitutional. Section 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of 0 d h' h . r inances, w loC v~olations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. Section 6. The Clerk of the Council shall certify to the pass- age and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (l5) days after its adoption. a~~~~~e~ND ~ by the City Council of the City of Arcadia at its/regular meeting held on the 1st day of November , 1978. f Arcadia. -3- l659 City __I HE~EBY CERTIFY that the foregoing ordinance was adopted at ~dJ ourned . f h C' C . 1 f h C' fA' aJTegular meetlng 0 t e loty ounCl 0 t e lty 0 rcadla, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Margett, Pellegrino, Saelid and Parry. NOES: None ABSENT: Councilman Gilb ~~~ of the City of Arcadia. City Clerk -4- l659