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(Additions are indicated by underline; deletions by strikeout) Page 1 of 14 ORDINANCE NO. O24-04 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GLENDALE CITY CODE, CHAPTER 27, AND SETTING FORTH AN EFFECTIVE DATE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows: SECTION 1. That the Glendale City Code Chapter 27 (Parks and Recreation), Section 27-2 (Fees) (b), (c) (2), Section 27-3 (Definitions), 27-38 (Enforcement), Section 27-39 (Entering park areas closed to public use), Section 27-40 (Reserved), Section 27-42 (Order to leave park; unlawful refusal to comply), Section 27-45 (Vehicles, bicycles, skateboards, etc.) (a), (b), (c), and (e), Section 27-46 (Parks; operation of remotely controlled or model aircraft vehicles, and unmanned aircraft systems; violations), Section 27-47 (Prohibited weapons; exceptions. Discharge of firearms in parks; exception; classification), Section 27-48 (Animals; hunting, harassing and fishing prohibited), Section 27-49 (Animals; control; abandonment prohibited) (a), Section 27-50 (Horses, donkeys and mules) (d), Section 27-51 (Swimming; boating; washing clothing; polluting waters), Section 27-52 (Prohibition of miscellaneous recreational activities) (g), Section 27-53 (Littering, glass containers, and fires prohibited; exceptions), Section 27-54 (Disturbing others, advertising and vending prohibited; exceptions), Section 27-55 (Smoking in facilities prohibited), Section 27-57 (Promotion, use, and distribution of illegal drugs in a city park), Section 27-58-27-70 (Reserved), Section 27-73 (Revocation), Section 27-81 (Reservation of facilities; permits; applications; issuance; fees) (a) (b), Section 27-88 (Revocation), Section 27-112 (Issuance standards; restrictions on number and location of park vendors) (b), Section 27- 114 (Application; change of address) (a), Section 27-115 (Issuance; expiration; renewal), Section 27-116 (Cancellation or suspension of permits without cause) is amended by adding the following language and shall read as follows: CITY CODE CHAPTER 27 Sec. 27-2. - Fees. (a) The city council may, by resolution, set all fees for the use of the city's parks and recreational facilities and programs. The city council may set different fees for city residents and for nonresidents using or participating in the same parks, facilities and programs. (b) Unless such fees have otherwise been set by the city council, the parks and recreation director may set fees for the use by rental or reservation of the city's parks and recreational facilities and class or supervised activity programs. However, except for special events, nothing in this section shall be construed as granting the parks and recreation director the authority to impose a general use or admission fee for the use and enjoyment of city parks by the public. Any such fee shall be approved by the city council. The parks and recreation director may set different fees for city residents and for nonresidents using or participating in the same parks, facilities or programs. (Additions are indicated by underline; deletions by strikeout) Page 2 of 14 (c) No fees paid pursuant to this chapter for the use of any city park, recreational facility or program shall be refunded if: (1) The person requesting a refund uses or participates in the park, facility or program for which the fee has been paid, even if such use or participation is not as extensive as such person was entitled to; or (2) The person fails to request a refund in a timely manner which may result in permits the city to avoid incurring unnecessary costs or losing replacement revenues as a result of issuing a refund. (Ord. No. 1944, § 1, 5-27-97) Sec. 27-3. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning: Bicycle: Any device propelled by human power upon which any person may ride having two tandem wheels either of which is more than twelve (12) inches in diameter or having three (3) wheels in contact with the ground any of which is more than twelve (12) inches in diameter. Camp or Camping: The use of a park as a temporary or permanent place of dwelling, lodging, residence, or as a living accommodation. Indications of camping may include, but are not limited to, burning a fire, carrying on cooking activities, storing personal belongings, laying down bedding for sleeping, or using tents or temporary structures for shelter, sleeping, or storing of personal belongings. Such activities constitute camping when it reasonably appears under the circumstances that a person is using the area as a living accommodation, no matter how temporary. Downtown redevelopment area: The area bounded by Orangewood Avenue on the north, Maryland Avenue on the south, 51st Avenue on the east and 63rd Avenue on the west. Food: Any article, solid or liquid, sold for human consumption, and the sale of which is not prohibited by any federal, state, or local law, rule or regulation. In-line skates: Shoes that have attached to their soles a row of wheels which are used for gliding with alternate movement of the legs on a surface other than ice. Motorized skateboard: A self-propelled device which has a motor, a deck on which a person may ride and at least two (2) tandem wheels in contact with the ground. Parks and recreation director: The person designated by the city to act as parks and recreation director, or his/her designee, regardless of such person's official title with the city. Pushcart: Any device that is on wheels, is propelled solely by an individual pushing it while he or she walks and is specifically designed for the sale of inflated balloons or fresh flowers or for storage and preservation of food items for a short time. Any device which may be transported from one (1) place to another by hitching it to a motor vehicle, except for a device using a detachable hitch, shall not be deemed to be a pushcart. Road or roadway: Any portion of a street improved, designed, or primarily used for vehicular travel, exclusive of the berm or shoulder. If a street includes two (2) or more separate (Additions are indicated by underline; deletions by strikeout) Page 3 of 14 roadways, "roadway" refers to such roadways separately but not to all such roadways collectively. Roller-skatesRoller skates: Shoes that have attached to their soles two (2) parallel sets of wheels which are used for gliding with alternate movement of the legs on a surface other than ice. Scooter: A transportation device that has a deck on which a person may stand, at least two (2) tandem wheels in contact with the ground, and a long steering handle. Shopping Cart: As defined by A.R.S. 44-1799.31, as amended. Sidewalk: Any portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property line, intended for the use of pedestrians. Skateboard: A human-propelled device which has a deck on which a person may ride and at least two (2) tandem wheels in contact with the ground. Smoke or Smoking: The act of inhaling, exhaling, burning, vaping, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, water pipe, smoking device, or any other device that delivers nicotine, tobacco, or cannabis to a person. Tax and license manager: The person designated by the city to act as tax and license manager, regardless of such person's official title with the city. Vehicle: A device in, upon or by which any person or property is or may be transported or drawn upon a public roadway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. (Ord. No. 1944, § 1, 5-27-97) Sec. 27-38. - Enforcement by park rangers. Any rules and regulations adopted by the city council pursuant to this article and any other ordinances adopted by the city council which are applicable in or to city parks shall be enforced by city police officers, and park rangers, city code enforcement inspectors, and police crime prevention specialists, both all of whom shall have authority to issue citations or to file civil code infraction complaints for violations of such rules, regulations and ordinances. (Ord. No. 1944, § 3, 5-27-97) Sec. 27-39. - Entering park areas closed to public use. (a) No person shall knowingly enter or remain in any park, or portion thereof, designated as closed for public use by the director. (b) The department shall provide public notice of the designation of areas as open or closed to public use by any of the following: (1) Posting of appropriate signs or maps; or (2) Establishing physical barriers, including, but not limited to, posts, branches, or rocks; or (Additions are indicated by underline; deletions by strikeout) Page 4 of 14 (3) Any other means reasonably calculated to give notice to the public of areas open or closed to public use. (c) The prohibitions of this section shall not apply to any person performing any work or activity which is authorized by the director. Sec. 27-39 Sec. 27-40. - Reserved. Sec. 27-42. - Order to leave park; unlawful refusal to comply. A city police officer, or park ranger, city code enforcement inspector or police crime prevention specialist may order any person who has violated any park rule or regulation or any other federal, state or local law to immediately leave the park in which such violation has occurred. No person shall remain in a park or return to such park on the same day after such person has been ordered to leave the park by a city police officer, or park ranger, city code enforcement inspector or police crime prevention specialist. (Ord. No. 1944, § 1, 5-27-97) Sec. 27-45. - Vehicles, bicycles, skateboards, etc. (a) No person shall operate or use any vehicle, bicycle, motorized/electric bicycle, unicycle, motorized skateboard, skateboard, rollerskates roller skates, in-line skates, scooters, or motorized scooters in a city park except on public roadways or at such other locations as are specifically designated for such use. The provisions of this subsection shall not apply to the proper use of motorized wheelchairs. Proper use of motorized wheelchairs or three or four- wheeled scooters, personal mobile cargo-carrying devices, or other motorized equipment designed for the mobility impaired shall only be subject to enforcement of unsafe methods of use. All such equipment for the mobility impaired must be kept at or below the speed of normal pedestrian traffic, and/or obey pertinent posted signage. For more information, please refer to https://www.ada.gov/opdmd.htm). (b) No person operating or using a vehicle, bicycle, motorized/electric bicycle, unicycle, motorized skateboard, skateboard, rollerskates roller skates, or in-line skates, scooters or motorized scooters in an area of a city park designated for such use shall operate or use such vehicle or equipment in any unsafe manner. All persons operating or using such vehicle or equipment in a park shall yield the right-of-way to all pedestrians and equestrians. (c) No person shall operate or use a vehicle, bicycle, motorized/electric bicycle, unicycle, motorized skateboard, skateboard, rollerskates roller skates, in-line skates, scooter, or motorized scooter in a city park at a speed greater than fifteen (15) miles per hour or any other posted speed limit. (d) No person shall perform any maintenance of or repairs to any vehicle in a city park, except for emergency repairs required to remove such vehicle from the park. (e) No person shall operate, maintain, possess, store, abandon, or leave unattended a shopping cart in a park. (Ord. No. 1944, § 3, 5-27-97; Ord. No. 2541, § 12, 1-23-07) (Additions are indicated by underline; deletions by strikeout) Page 5 of 14 Sec. 27-46. - Parks; operation of remotely controlled or model aircraft, unmanned aircraft vehicles, and unmanned aircraft systems; violations. (a) Definitions. The following definitions apply to this section. The singular of the word or phrase includes the plural, and the plural includes the singular. (1) Hobby or recreational purposes: A pursuit engaged in for relaxation, and not for business purposes and not for compensation or hire. (2) Operate or Operation: To pilot, steer, direct, fly, take off, land, or manage a remotely controlled or model aircraft, or an UAV/UAS. The term Operate includes managing or initiating a computer system that pilots, steers, directs, flies, or manages a remotely controlled aircraft or an UAV/UAS. (3) Remotely controlled or model aircraft: An unmanned aircraft capable of sustained flight in the atmosphere; and operated within visual line of sight of the person operating the aircraft; and operated for hobby or recreational purposes; and limited to not more than 55 pounds; and operated consistent with the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (P.L. 112-95, Section 336). (4) Unmanned aircraft vehicle (UAV): An unmanned aircraft, also known as a drone, that is Operated without the possibility of direct human intervention from within or on the aircraft. This definition excludes remotely controlled or model aircraft. A UAV must be marked, identified, and operated as required by Federal law. (5) Unmanned aircraft system (UAS): An unmanned aircraft vehicle and associated elements (including communication links and the components that control the UAV) that are required to Operate safely and efficiently in the national airspace system. This definition excludes remotely controlled or model aircraft. A UAS must be marked, identified, and operated as required by Federal law. (6) Critical Facility has the same meaning provided in A.R.S. § 13-3729. (b) Application of this Section. (1) This Section applies to both of the following: i. The operation of UAV and UAS within the City of Glendale. ii. The operation of remotely controlled or model aircraft within the City of Glendale. (2) This Section shall not apply to any of the following: i. Operation of UAV/UAS as part of operation, repair, or maintenance of park or preserve facilities or infrastructure, or as permitted through the City of Glendale, or as a part of construction services under City of Glendale agreements. ii. Operation of "public unmanned aircraft," meaning a UAV or UAS Operated by a public agency for a government-related purpose, as this term is defined in A.R.S. § 13-3729. (Additions are indicated by underline; deletions by strikeout) Page 6 of 14 iii. Operation of UAV/UAS by a law enforcement agency for any lawful purpose including, but not limited to, search and rescue operations for persons and property in distress, or during any emergency. (c) Operations. (1) All remotely controlled or model aircraft, UAV, or UAS shall be Operated in compliance with federal, state, and local laws or regulations, including FAA regulations. (2) All remotely controlled or model aircraft, UAV, or UAS shall not, in any way, interfere with law enforcement, firefighter, or emergency services operations. (3) All remotely controlled or model aircraft, UAV, or UAS shall remain, during the entire time of flight, within the Visual line-of-sight (VLOS) of the person(s) manipulating the flight controls. At all times the remotely controlled or model aircraft, UAV, or UAS shall remain close enough to the remote pilot in command to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses. (4) All remotely controlled or model aircraft, UAV, or UAS shall be Operated during daylight. Remotely controlled or model aircraft, UAV, or UAS shall not be Operated at night, but may Operate during "civil twilight" if equipped with the appropriate anti- collision lighting. Civil twilight means 30 minutes before official sunrise to 30 minutes after official sunset, local time. (5) Remotely controlled or model aircraft may only be operated in a park or preserve with a designated Operations Site and only in that portion so designated by the Director, or their designee (6) A remote-controlled or model aircraft, or UAV or UAS shall not be Operated to intentionally photograph or loiter over or near a Critical Facility, or in the furtherance of violation of any City of Glendale code, or any civil or criminal offense. (7) A remote-controlled or model aircraft, UAV or UAS shall not Operate in the air, on the ground or on the water in a careless or reckless manner that endangers the life or property of another. Violation of this code is guilty of a class 1 misdemeanor. Pursuant to A.R.S. § 28-8280, determining whether the operation was careless or reckless, the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics. (d) Safety Code. The City of Glendale recognizes the Academy of Model Aeronautics (AMA) Safety Code as an appropriately safe way to Operate remote controlled or model aircraft in parks or preserves owned or Operated by the City of Glendale, or any Operation site located in a park or preserve. Operations of remote-controlled or model aircraft in parks or preserves owned by the City of Glendale, or any Operations Site, shall be conducted in accordance with the AMA Safety Code, in addition to any other City of Glendale rules and regulations. (e) Operation Sites. Operation Sites shall always remain unobstructed and a safe distance away from other park users. Operation Sites shall be no less than 400 feet on all sides. For purposes of this section, unobstructed means an open park area that is level and free of (Additions are indicated by underline; deletions by strikeout) Page 7 of 14 trees, structures, sports field lighting, or fences eight feet or higher, and that is fully accessible for the retrieval of launched aircraft. (f) Operation by minors. Children 17 years of age, or younger, must be accompanied by an adult when operating remotely controlled or model aircraft in the City. (g) Additional safety requirements. Remote-controlled or model aircraft that meet or exceed any of the specifications listed below may only be Operated in City parks or preserves where there is a specifically developed operation site with spectator control fencing, established runways, flight pads or flying circles, and safety barriers. (1) Fueled radio-controlled model airplanes with an engine size of 0.20 cubic inches, a wingspan of 60 inches, or a weight of three pounds. (2) Electric-powered radio-controlled model airplanes with a wingspan of 80 inches or a weight of three pounds. (3) Radio-controlled helicopters with a main blade diameter of 40 inches or a weight of three pounds. (4) Radio-controlled gliders with a wingspan of 80 inches or a weight of three pounds. (5) Control line model airplanes with a single engine size of 0.25 cubic inches. (6) Remotely controlled aircraft which weigh three pounds. (h) Civil sanctions for prohibited operation. A person found guilty of violating this code shall pay civil sanctions in an amount not to exceed $500.00 per day. Each calendar day shall be considered a separate period for purposes of imposing civil sanctions. (i) Savings clause. If any section, subsection, sentence, clause, phrase, or portion of this code is, for any reason, held invalid or unconstitutional by the decision of any court of competent jurisdiction, the court's decision shall not affect the validity of the remaining portions of the ordinance and such portions shall remain in full force and effect. (j) Conflict in law. This section shall be construed and enforced in accordance with Federal and State law. If a conflict or ambiguity exists between this section and Federal or State law related to the operation of a remotely controlled or model aircraft or an UAV/UAS within a City of Glendale Park or preserve, the laws in the following order shall prevail and control: (1) Federal; (2) State; (3) City of Glendale. Sec. 27-46 Sec. 27-47. - Prohibited weapons prohibited; exceptions. Discharge of firearms in parks; exception; classification. (a) No person shall bring into any city park any weapon or firearm, including any handguns, rifles, shotguns, BB guns, CO2 or pellet guns, knives with blades longer than three and one- half (3-1/2) inches, explosives, fireworks, slingshots or bows and arrows, unless otherwise authorized herein or by written permission of the parks and recreation director. (b) Persons who possess a valid concealed weapons permit are permitted to possess a firearm within a city park, unless the city park is operated pursuant to a joint use agreement with a school and the school is in session. (Additions are indicated by underline; deletions by strikeout) Page 8 of 14 (b)(c) A knife longer than three and one-half (3 1/2) inches may be possessed in a city park provided the knife is used solely in connection with serving or preparing food. (c) Except as provided in subsection (d) below, no person shall discharge a firearm in a park. (d) This section shall not apply to a person who discharges a firearm: (1) As allowed pursuant to A.R.S. Title 13, Chapter 4 (2) In an area approved as a hunting area by the Arizona Game and Fish Department; provided, however, that any such area may be closed when deemed unsafe by the Director of the Arizona Game and Fish Department. (3) To control nuisance wildlife by permit from the Arizona Game and Fish Department or the United States Fish and Wildlife Service. (4) By special permit of the Chief of the Police Department. (5) As required by an Animal Control Officer in performing duties specified in A.R.S § 9- 499.04, A.R.S. Tit. 11, Ch. 7, Art. 6, and Chapter 6, Glendale City Code. (6) In self-defense or in defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances. (e) A violation of this section is a Class 2 misdemeanor. (Ord. No. 1944, § 3, 5-27-97; Ord. No. 2155, § 2, 7-25-00) Sec. 27-47 Sec. 27-48. - Animals; hunting, harassing and fishing prohibited. (a) No person shall hunt, harm, harass or threaten any animals in a city park. (b) No person shall angle for, catch or take any fish from any body of water in a city park except in such areas as are specifically designated for such use. (c) No person shall remove any animal from a city park except for the removal of dogs, cats, horses, donkeys and mules by their owners or for removals expressly authorized by the parks and recreation director. (Ord. No. 1944, § 3, 5-27-97) Sec. 27-48 Sec. 27-49. - Animals; control; abandonment prohibited. (a) No person shall bring any animal into a city park except for dogs or cats restrained by a leash no more than six (6) feet in length, or for horses, donkeys or mules using trails pursuant to section 27-5049. Dogs within designated dog parks shall not require a dog leash. Any person bringing a dog or cat into a park shall always maintain actual physical control of such animal at all times and shall immediately remove any fecal matter of such animal from the park property for proper disposal. (b) No person shall introduce any animal into or abandon any animal in a city park without the express consent of the parks and recreation director. (Ord. No. 1944, § 3, 5-27-97) (Additions are indicated by underline; deletions by strikeout) Page 9 of 14 Sec. 27-49 Sec. 27-50. - Horses, donkeys and mules. (a) No person shall bring any horse, donkey or mule into a city park, or ride such animal in any location in a park, except on designated bridle or multi-use trails. No person shall bring or ride any horse, donkey or mule on a bridle or multi-use trail unless such animal is thoroughly broken, restrained and ridden with due care. (b) No person shall hitch his or her horse, donkey or mule to any rock, vegetation, fence or other improvement in a city park, except for such improvements as are intended to be used for such purpose. (c) No person shall permit his or her horse, donkey or mule to be unattended or to graze in a city park. (d) Persons riding horses, donkeys or mules on a bridle or multi-use trail in a city park shall have the right-of-way over any pedestrians or persons using vehicles, bicycles, motorized bicycles, motorized skateboards, skateboards, rollerskates roller skates, scooters, motorized scooters, or in-line skates on such trail. (Ord. No. 1944, § 3, 5-27-97) Sec. 27-50 Sec. 27-51. - Swimming; boating; washing clothing; polluting waters. (a) No person shall swim, wade or bathe in any source body of water in a city park, except in such areas as are specifically designated for such use. Any person swimming, wading or bathing in any city park shall comply with all rules which are posted regulating such activities. (b) No person shall operate any boat, raft or other water craft watercraft of any kind upon any body of water in a city park, except in such areas as are specifically designated for such use. Any person operating a boat, raft or other water craft watercraft in a city park shall comply with all rules which are posted regulating such activities. (c) No person shall wash clothes in any sink, fixture, or any source of water in a city park, or discard or discharge any substance or object which may pollute water near or into any source body of water in a city park. (Ord. No. 1944, § 3, 5-27-97) Sec. 27-51 Sec. 27-52. - Prohibition of miscellaneous recreational activities. Except in such areas as are specifically designated for such use, no person shall engage in any of the following activities in a city park: (a) Golfing. (b) Climbing trees. (c) Hiking in areas not designated for such use if designated hiking trails are provided. (d) Bringing into a park, using, or operating any radio-controlled model airplanes, boats, cars or similar objects. (e) Bringing into a park or launching any model rockets or similar objects. (Additions are indicated by underline; deletions by strikeout) Page 10 of 14 (f) Bringing into a park, using or operating any airplane, helicopter, glider, hot air balloon, parachute or other devices used to navigate or travel by wind or air. (g) Camping. (Ord. No. 1944, § 3, 5-27-97) Sec. 27-52 Sec. 27-53. - Littering, glass containers, and fires prohibited; exceptions. (a) No person shall dump, deposit, throw, discharge or otherwise place any paper, ashes, dirt, bottles, broken glass, cans, trash, litter, animal carcass, rubbish, debris or any substance, matter or thing, either liquid or solid, in the waters of any fountain, pond, lake, stream, or other sources of water in or adjacent to any park or on the grounds of said park except in the proper receptacles where these are provided. (a)(b) No person shall may dump, deposit, or leave any bottles, cans, ashes, paper, boxes, food, garbage or other waste in a city park, except for the disposal of such materials in proper receptacles provided by the city for such materials which originated from any lawful activity in such area(s). If no receptacles are provided, or if the receptacles are full, all such materials shall be removed from the park by the person who provided them. responsible for their presence in the park. (b)(c)No person in a city park shall have in his or her possession any glass container unless such person is expressly authorized by the parks and recreation director to use such containers in designated areas or facilities. (b) No person shall start or sustain a fire in any city park, except for the use of charcoal in grills designed for such use. No person shall build any fire in violation of any fire restrictions posted by the parks and recreation director. (d) No person shall kindle, build, maintain, or use a fire except in barbecue grills for cooking purposes only. Propane tanks are allowed up to a maximum of 20 lbs. Any fire shall be continuously under the care and supervision of a competent person over the age of 18, from the time it is kindled until it is extinguished. No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper, or other flammable material within or against any park structure, building, vehicle, or under any tree, landscaping or in underbrush in any park except in designated receptacles. The city manager or their designee, has the authority to declare a Fire Emergency and may prohibit all fires and/or smoking of tobacco products in one or more park and recreation areas, at their discretion. (Ord. No. 1944, § 3, 5-27-97) Sec. 27-53 Sec. 27-54. - Disturbing others, advertising and vending prohibited; exceptions. (a) No person shall unreasonably disturb or interfere with other persons using a city park or participating in a city recreational program. (b) No person shall sell or advertise for sale any goods or services, to be furnished or performed immediately or in the future, in any city park, except for such vendors as are licensed pursuant to article V of this chapter. (Ord. No. 1944, § 3, 5-27-97) (Additions are indicated by underline; deletions by strikeout) Page 11 of 14 Sec. 27-54 Sec. 27-55. - Smoking in facilities prohibited. Smoking in any enclosed facility in a city park is prohibited. (Ord. No. 1944, § 3, 5-27-97) Sec. 27-55 Sec. 27-56. - Noise. The provisions of chapter 25, article V of this Code shall not apply to persons participating in city-sponsored, special events in a city park, but such participants shall comply with all noise restrictions imposed by the parks and recreation director for such events. (Ord. No. 1944, § 3, 5-27-97) Secs. 27-57. - Promotion, use, and distribution of illegal drugs in a city park. (a) It is unlawful to promote the use or conduct transactions of illegal drugs of any kind in a city park. Individuals discovered in possession of illegal drug(s) to buy, sell, or consume, or in possession of drug paraphernalia as defined by ARS 13-3145, used to consume illegal drugs in a city park will be subject to a citation in addition to any existing Arizona Revised Statutes violation. (b) Violators of this city code may be subject to a ban from all city-owned parks. Secs. 27-56--70 Secs. 27-58 —27-70. – Reserved. Sec. 27-73. - Revocation. The parks and recreation director may revoke any beer permit at any time if the permittee violates any of the city’s park rules and regulations or any law, rule or regulation concerning alcoholic beverages. Disregard for park policies and regulations may result in revocation of current reservation(s) by supervision staff, and/or of the permit holder’s future ability to utilize park amenities. (Ref. Sec. 27-83) (Ord. No. 1944, § 3, 5-27-97) Sec. 27-81. - Reservation of facilities; permits; applications; issuance; fees. (a) Any person wishing to reserve any portion of a city park or recreational facilities for group activities shall submit an application apply to the parks and recreation director for such reservation. The application shall include all information which the parks and recreation director deems necessary. “Group” under this section shall mean an activity at which the applicant anticipates less than five hundred (500) attendees as invited by the applicant, or those activities open to the general public shall require a permit by the department. Group activities involving five hundred (500) or more attendees shall be governed by Glendale City Code, Chapter 29.2, Special Events. (b) The parks and recreation director may issue a permit for the reserved use of a city park or recreational facility on such terms and conditions as he or she deems necessary. Each group permit shall be valid only for the dates and times specified, the park or facility (or portion (Additions are indicated by underline; deletions by strikeout) Page 12 of 14 thereof) specified, the persons, groups or entities specified, and the types of activities specified in the permit. Each group permit shall specify at least one (1) adult person who shall be responsible for any cleanup of or damage to the park or facility, and such person shall be present at all times always present during the time in which the park or facility is being used pursuant to the permit. Each group permit shall also specify the maximum number of persons who are authorized to use the reserved park area or facility at any time. The parks and recreation director may deny any application for a group permit on any reasonable grounds, including any prior violation of the city's park rules and regulations or any false information on the application for a permit. (c) A group permit may authorize the repeated reserved use of a city park or recreational facility, but no group permit shall be granted for a period of more than six (6) months. (Ord. No. 1944, § 3, 5-27-97; Ord. No. 2591, § 1, 10-9-07) Sec. 27-88. - Revocation. The parks and recreation director may revoke any group permit at any time if the permittee violates any of the city's park rules and regulations or any terms and conditions of the group permit. Disregard for park policies and regulations may result in revocation of current reservation(s) by supervision staff, and/or of the permit holder’s future ability to utilize park amenities. (Ref. Sec. 27-83) (Ord. No. 1944, § 3, 5-27-97) Sec. 27-112. - Issuance standards; restrictions on number and location of park vendors. (a) No person shall be issued a vending permit if such person: (1) Knowingly makes any false or misleading statement while applying for or renewing a vending permit. (2) Is not also qualified for and the holder of a peddler's license. (3) Intends to use any pushcart which has not been approved by the city. (4) Has been denied a vending permit based on the applicant's personal qualifications, or had such permit revoked for cause, for a period of six (6) months following the final denial or revocation decision. (b) The parks and recreation director may, in his or her discretion, limit the number of vending permits issued at any one (1) given time for any park, the number of parks in which any particular vendor may operate, the locations in parks within which vendors may operate, and the hours during which park vendors may operate. (Ord. No. 1944, § 5, 5-27-97) Sec. 27-114. - Application; change of address. (a) An application for a vending permit shall be made on forms furnished by the tax and license manager. The applicant must submit an application apply for a peddler's license with the application for a vending permit if such applicant has not already applied for or been issued (Additions are indicated by underline; deletions by strikeout) Page 13 of 14 a peddler's license. The application for a vending permit shall include the following information: (1) If the applicant is or will be employed or directed by a peddler business, the name, address, and telephone number of such business. (2) A brief description of the nature of the business and the items to be sold. (3) The applicant's peddler's license number. (4) The applicant's transaction privilege license number. (5) If the applicant will be using any pushcart on city property, photographs of such pushcart showing all its sides. If such pushcart will be used but does not yet exist, the applicant shall submit an isometric drawing showing all sides of the proposed pushcart and of any logos, printing or signs which will be incorporated in the design. (6) Any additional information necessary for the city to clearly visualize the design and appearance of any pushcart to be used. (b) An applicant for or a holder of a vending permit shall notify the tax and license division of any change of address from that which is listed on the application within forty-eight (48) hours of such change of address. (Ord. No. 1944, § 5, 5-27-97) Sec. 27-115. - Issuance; expiration; renewal. Any vending permit shall be valid only for the calendar year in which it is issued. Each vending permit expires on December 31 of each year and must be renewed by January 31 of the following year by filing an application for renewal. No vending permit shall be renewed unless the permittee is in compliance with follows all provisions of this article and all regulations concerning peddlers at the time of renewal. The issuance of a vending permit shall not entitle the permittee to any automatic renewal of such permit for any subsequent year. All renewals shall be subject to the provisions of sections 27-112 and 27-116. (Ord. No. 1944, § 5, 5-27-97) Sec. 27-116. - Cancellation or suspension of permits without cause. (a) Upon seven (7) days’ notice, the parks and recreation director may, without cause, suspend all vendors’ permits for any particular park for a specified period not to exceed seven (7) days. Such notice shall be personally served on the permittees or mailed to the permittees' last known addresses. Service of the notice shall be deemed complete upon mailing. The city shall not be liable to any permittee for any damages or lost income resulting from such cancellation. The suspension shall automatically terminate on the date specified in the notice. (b) Upon seven (7) days’ notice, the city may, without cause, suspend or cancel all vending permits which have been issued for any particular park. Such notice shall be personally served on the permittees or mailed to the permittees' last known addresses. Service of the notice shall be deemed complete upon mailing. The city shall not be liable to any permittee for any damages or (Additions are indicated by underline; deletions by strikeout) Page 14 of 14 lost income resulting from such cancellation. The suspension shall automatically terminate the permits on the date specified in the notice. (Ord. No. 1944, § 5, 5-27-97) PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Glendale, Maricopa County, Arizona, this 23rd day of January, 2024. ________________________________ Mayor Jerry P. Weiers ATTEST: ______________________________ Julie K. Bower, City Clerk (SEAL) APPROVED AS TO FORM: ______________________________ Michael D. Bailey, City Attorney REVIEWED BY: ______________________________ Kevin R. Phelps, City Manager