Chapter 31 Draft Changes for Nov Parks Board
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PART V. - COMMUNITY SERVICES Chapter 31 COMMUNITY SERVICES Chandler, Arizona, Code of Ordinances Created: 2022-07-25 10:01:04 [EST] (Supp. No. 68) Page 1 of 16 Chapter 31 COMMUNITY SERVICES1 31-1. Definitions. For the purpose of this chapter, the following terms, phrases, and their derivations shall have the meaning given herein: Aircraft. A machine or device used, or intended to be used, for flight in the air. Alcoholic beverage permit. A written authorization issued by the Community Service Department authorizing the consumption and possession of spirituous liquor in a park, facility or open space. Amplified sound. Sound that has been made louder by any means. Archery. The art, skill or sport of shooting with a bow and arrow. Authorized vehicles. Any vehicle approved by the Director of Community Services. Bike park. A bike park is a purpose-built recreational environment for BMX bike riders to ride at their own risk to develop their skills and technique. A bike park may contain half-pipes, quarter pipes, handrails, fun boxes, vertical ramps, pyramids, banked ramps, bowls, snake runs and other challenges for bike riders. Chief of Police. The Chief of Police of the City of Chandler or his/her designee. City Manager. The City Manager of the City of Chandler or his/her designee. Commercial sales activity. The displaying for sale, selling, vending, peddling, or transfer of possession or ownership of an item for a price or for a stated minimum donation but does not include the sale of newspapers, books, brochures or other printed material, or items which have imprinted upon them a religious, political, philosophical or ideological message relevant to the purpose of the organization selling the item. Community Services Department. The Community Services Department of the City of Chandler. Community Services Director. The Director of the City of Chandler Community Services Department or his/her designee. Department. The City of Chandler Community Services Department. Director. The Director of the City of Chandler Community Services Department or his/her designee. Dog park. A fenced and marked "off leash" area in a park or open space for use by dogs and their owners. Facility. Recreation or community center, park, City trail, special event area, City pool/aquatic facility, athletic field, or any other area or facility that is administered by the Community Services Department for park and/or recreation purposes. 1Editor's note(s)—Ord. No. 3015, § 2, adopted Aug. 26, 1999, amended the Code by repealing former Ch. 17B, in its entirety, which pertained to the library. Section 3 of said ordinance enacted provisions designated as a new Ch. 31 to read as herein set out. Subsequently, Ord. No. 4300, § 1, adopted May 12, 2011, amended Ch. 31, in its entirety, to read as herein set out. See the Code Comparative Table. Created: 2022-07-25 10:01:03 [EST] (Supp. No. 68) Page 2 of 16 Facility Manager. Facility Manager coordinates and supervises the activities and staff of recreation programs and facilities to meet the community needs and interests. Fire Chief. The Fire Chief of the City of Chandler or his/her designee. Geocaching. Geocaching is an outdoor activity in which participants use a global positioning system (GPS) receiver or other navigational techniques to hide-and-seek containers (called "geocaches" or "caches") anywhere in the world. Game of high-tech hide-and-seek sharing many aspects with benchmarking, trig pointing, orienteering, treasure-hunting, letterboxing and way marking. Lake. A man-made or naturally occurring body of water within the boundaries of a park in the City of Chandler. Nonprofit organization. An organization which has received a determination of exemption, or qualifies for such exemption, under 26 United States Code Section 501(c), and the rules and regulations of the Commissioner of Internal Revenue pertaining to this section. Open space. An area of land within a park that is used for active and passive recreation, and/or other public benefits that has not been designated as an area for other specific use such as a bike park or a dog park. Park or facility. Any and all lands, areas, buildings and facilities that are owned, leased or otherwise controlled by the City of Chandler Community Services Department including, but not limited to: Parks, athletic fields, tennis courts, golf course, pools/aquatic facilities, playgrounds, ramadas, recreational trails, recreation centers, community center, senior center, dog parks, bike park and skate park. Permit. A written authorization issued by the Community Service Department authorizing a particular use in a park or facility administered by the Community Services Department of the City of Chandler. Pool/aquatic facility. An artificial structure, often but not necessarily concrete-lined, which contains water and is open to the general public and is used or intended to be used for swimming. Pool manager. An individual hired by the City of Chandler that directs, supervises and participates in the overall operation of a City of Chandler Pool/Aquatic Facility. Public property. Property in the City of Chandler owned or administered by the City of Chandler. Service animal. Any certified guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. Shooting line. A marked line established at least ten (10) to twenty (20) feet in front of the targets from which archers shoot. Skate park. A skate park is a purpose-built recreational environment for skateboarders and roller-bladers to skate at their own risk to develop their skills and technique. A skate park may contain half-pipes, quarter pipes, handrails, fun boxes, vertical ramps, pyramids, banked ramps, bowls, snake runs and any number of challenges for those using a skate park. Solicitation. An offer of anything of value to another person in exchange for money, services or goods regardless of the purpose or intended use by either party of the money, services, goods or thing of value. Sound. A distinctive noise including, but not limited to: speech, music, or other noise projected or transmitted by electronic equipment including amplifiers, loud speakers, radios, boom boxes, bullhorns or similar devices. Spirituous liquor. Alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, port, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of these or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume. (A.R.S. § 4-101). Created: 2022-07-25 10:01:03 [EST] (Supp. No. 68) Page 3 of 16 Vending. Engaging in the sale, distribution, or display of any items or services in the City's parks or facilities. Waiting line. In archery, a marked line used for those archers waiting their turn to shoot. All archers stand along and behind this line while not shooting. The waiting line is at least ten (10) feet behind the shooting line. (The waiting line is generally where the equipment is held or set in safe, non-shooting positions). (Ord. No. 4300, § 1, 5-12-11) 31-2. Creation of Community Services Department. There is hereby established and created a Community Services Department under the direction and supervision of the City Manager. The Community Services Department shall be administered by the Community Services Director, who shall be an officer appointed by and subject to the direction and supervision of the City Manager. (Ord. No. 4300, § 1, 5-12-11) 31-3. Community Services Director. In addition to those functions, powers and duties given to the Community Services Director elsewhere in this chapter and/or in other provisions of the Chandler City Code, the Community Services Director shall: A. Direct and manage the Community Services Department, any divisions assigned thereto and the personnel therein. B. Subject to other provisions of this chapter, set hours for public access to and use of parks, facilities and open spaces. C. Close or restrict use of parks and/or facilities as necessary to address any safety or emergency, or to complete necessary repairs or maintenance to such facilities. D. Serve as a liaison to boards and commissions approved by the City Council and/or City Manager. E. Coordinate with City Departments on parks and/or facilities development, construction and planning matters. F. Perform other functions related to the provision of community services that the City Manager may, from time to time, authorize or direct. G. Nominate a designee to fill any vacancy occasioned by the temporary absence of the Community Services Director which substitute shall be affirmed by the City Manager. H. ADMINISTER AND ENFORCE THE PROVISIONS, RULES AND REGULATIONS OF THIS CHAPTER BY CIVIL INFRACTION PURSUANT TO CODE SECTION 1-8.7. (Ord. No. 4300, § 1, 5-12-11) 31-4. Parks and facilities rules. A. Hours. Unless otherwise prohibited by ordinance or by license, permit or post, or pursuant to this chapter of the Chandler City Code, City of Chandler Parks, Open Spaces and designated recreation areas shall be open for public use from 6:00 a.m. to 10:30 p.m. Passive activities including, but not limited to: running, jogging, walking, bike riding, or the attendance of fitness classes or camps shall be allowed between the hours of 5:00 a.m. to 10:30 p.m. except in those facilities within the park that have been posted separately. Created: 2022-07-25 10:01:03 [EST] (Supp. No. 68) Page 4 of 16 B. Entering unlawful when not open to public use. Unless otherwise permitted by ordinance, license, permit or posting, it is unlawful for any person, other than City personnel performing security or park/facility maintenance services, to enter upon or remain within a park, facility, open space at any time the park, open space or facility is not open to public use. C. Public notice of open and closed areas. The Community Services Director shall provide public notice of the designation of areas as open or closed to public use by publishing a map as follows: 1. Posting of signs or maps; or 2. Establishing physical barriers including, but not limited: to posts, branches or rocks; or 3. Any other means reasonably calculated to give notice to the public of areas open or closed to public use and/or designated for a particular use. (Ord. No. 4300, § 1, 5-12-11) 31-5. Prohibited uses and activities. Except where such use is conducted by the City or by others pursuant to a City organized program or Community Services Department issued permit, for maintenance or as specifically authorized in this chapter, the following activities are prohibited in parks and facilities: A. Fireworks. Discharging any firearm, firecracker, bomb, torpedo, rocket, or other fireworks PURSUANT TO ARIZONA REVISED STATUTES, SECTION 36-1601, ET SEQ. B. Environmental disturbance. Injuring, destroying, cutting or removing any tree, shrub, plant, wood, turf, grass, soil, or rock in any City-owned park or facility. C. Defacement of property. Cutting, breaking, defacing, or injuring any building, monument, rock, fountain, cage, pen, fence, bench, hydrant, swing, or other structure, apparatus or property. This also includes but is not limited to: pasting, gluing, tacking, taping, or otherwise attaching any decoration, sign, or placard to any parks, facility, picnic shelter, pole, or other structure. D. Dumping. Depositing or dumping any garbage, refuse, dirt, ashes, broken glass, crockery, bones, tin cans, or like substances, or any carcass of any animal or fowl in a park or facility except that such material and matter may be deposited in receptacles provided for such purpose. E. Littering. Leaving or scattering about any boxes (empty or otherwise), waste paper, remains of meals, newspaper, tobacco, remains of any material capable of being smoked, or rubbish of any kind, except that such material and matter may be deposited in receptacles provided for such purpose. F. Park and facility water. Bathing in the waters of any lake, pond, pool/aquatic facility, fountain or at any hydrant; or throwing into or depositing any dirt, filth or foreign matter in the waters of any lake, pond, pool/aquatic facility, or in like manner pollute the same. G. Mistreatment of animals. Taking, killing, wounding, disturbing or mistreating any bird or animal, either wild or domesticated, unless such animal shall have been declared noxious by the Director. H. Fires. Kindling or allowing to be kindled any fire or bonfire; or throw upon the ground a lighted match, lighted cigar or cigarette, or anything that would be liable to set fire to any grass, tree, shrub, building, or other property provided, however, that nothing in this subsection prohibits persons from kindling fires in areas designated by the City of Chandler Community Services Department as cooking areas. I. Hot air balloons. Launching or landing a hot air balloon or other aircraft in a park, facility or open space. J. Skateboards, bicycles and other recreational equipment. Except as provided for in 31-13 and 31-14 of this chapter, riding a skateboard, rollerblades, roller-skates and/or extreme, freestyling or trick bike on any Created: 2022-07-25 10:01:03 [EST] (Supp. No. 68) Page 5 of 16 brickwork, ornamental surface, picnic table, bench, tennis, basketball or volleyball court, playground area, fountain area, planter, sculpture, or where such activity is specifically prohibited by written posted notice. K. Glass containers. Possessing or using a glass container of any kind within a park or facility, except in locations where such containers are permitted under the terms of a lease, operating agreement or permit. L. Removal of property or equipment. Removing equipment or property within a park or facility. M. Removal of fish or animals. Collecting or removing plants, animals and other natural items from parks or facilities, except for the removal of fish by licensed anglers using lakes designated as urban fishing program lakes, and the collection of designated natural items by permit holders for research or educational purposes. N. Deadly weapons. Discharging of firearms in parks, facilities, and open spaces except as allowed for justification as set forth in Chapter 4 of Title 13 of Arizona Revised Statutes. O. Bathing and laundering. Bathing or laundering clothing in any recreation facility, restroom, water playground, or fountain, except when participating in fitness and recreation programs, or when entering and leaving the municipal pool/aquatic facilities in areas designated for that purpose. P. Wildlife. Harassing, approaching, or otherwise intentionally disturbing wildlife occurring in parks. Q. Disturbance. Disturbing or interfering with any individual, party, or group using a park or facility. R. Release of animals or other life. Releasing or abandoning animals, fish, fowl or aquatic life in parks or in any lake. S. Park grills. Setting fire to the contents of a trash container, or placing or burning garbage in park grills. T. Ashes. Depositing or dispersing the ashes of any person or pet in any park, facility or lake. U. Car washing or maintenance. Cleaning, washing, polishing, changing oil or making other than emergency repairs upon any automobile, motorcycle, or other self-driven vehicle. V. Closed area. Entering any closed area of any park or facility. W. Restrooms. Entering any toilet or restroom set apart for members of the opposite sex, provided that this subsection does not apply to children under ten (10) years of age or a disabled person of any age accompanied by their parent or guardian. X Dangerous act. Committing any act in a park or facility that would endanger the health, safety or welfare of any person. Y. Posting of handbills. Littering, throwing, or depositing on the ground; or posting or affixing to any tree, fence, or structure situated within or on any City-owned park or facility, any handbills, circulars, pamphlets, tracts, dodgers, papers, or advertisements. Z. Conduct. Engaging in any indecent conduct or indulge in any riotous, boisterous, or threatening behavior. AA. Use of neighborhood parks. Using a neighborhood park for organized league games, practices against other teams or sporting events requiring referees/officials. BB. Dogs. Except for service animals, dogs are not allowed in municipal pool/aquatic facilities, indoor facilities, lakes, fountains, water playgrounds or where dogs are prohibited by written posted notice. CC. Horses and vehicles. Leaving or hitching any horse, mule or other pack animal; or leaving or parking any automobile, motorcycle, or other self-driven vehicle on any park or facility except at such places as are provided and designated for those purposes. DD. Solicitation. Soliciting, carrying on, conducting, or soliciting for any trade, occupation, business or profession. Created: 2022-07-25 10:01:03 [EST] (Supp. No. 68) Page 6 of 16 EE. Vehicular traffic. Driving or placing any truck, wagon, cart, or other traffic vehicle (with a manufacturer's rate of capacity of more than one (1) ton), carrying or regularly used or employed in carrying goods, merchandise, lumber, machinery, oil, manure, dirt, sand, soil, or any article of trade or commerce, or any offensive article or material whatsoever upon any road or drive in any Park. (Ord. No. 4300, § 1, 5-12-11) 31-5.1. – ENFORCEMENT AND PENALTY. A. THE COMMUNITY SERVICES DIRECTOR, DESIGNEE, POLICE OFFICERS AND PARK RANGERS SHALL, IN CONNECTION WITH THEIR DUTIES IMPOSED BY LAW, ENFORCE THE PROVISIONS OF THIS CHAPTER. B. ANY PERSON VIOLATING ANY OF THE PROVISIONS OF THIS CHAPTER SHALL BE GUILTY OF A CIVIL INFRACTION PUNISHABLE AS SET FORTH IN SECTION 1-8.7A OF CHAPTER 1 OF THIS CODE UNLESS SUCH VIOLATION CAUSES SUCH PERSON TO MEET THE DEFINITION OF A "HABITUAL OFFENDER" SET FORTH IN SECTION 1-8.7B OF CHAPTER 1 IN WHICH CASE THEY SHALL BE GUILTY OF A CLASS I MISDEMEANOR. 31-6. Uses and activities permitted in designated areas or subject to other restrictions. Except where such use is conducted by the City or by others pursuant to a City organized program or Community Services Department issued permit, for maintenance or as specifically authorized in this chapter, the following activities are permitted in park and facilities only in areas designated for such use as notified and provided for in Section 31-4 C: A. Golfing, operating model rockets or remote control models including airplanes, helicopters and boats. B. Playing disc golf or archery. C. Driving, riding, or operating a motorized or motor-assisted vehicle or device including, but not limited to: any automobile, truck, motorcycle, motorbike, motor scooter, or all-terrain vehicle, within a park or facility, except upon public roadways, or designated parking areas. This prohibition shall not apply to City-owned vehicles, permitted concessionaires, motorized wheelchairs, similar motorized mobility devices and emergency/public safety vehicles. The speed of any motorized vehicle or motor-assisted vehicle or device shall not exceed fifteen (15) miles per hour unless designated otherwise. All such vehicles or devices shall be operated in a safe manner and shall not infringe upon or endanger the safety of the driver or the general public. D. Riding or having horses, mules, or other pack animals, or using any park for any equestrian purpose. E. Geocaching. F. Riding a bicycle is allowed: (1) where posted to authorize bicycle riding; or (2) on any designated bikeway; or (3) on any road designated and established for automotive traffic; or (4) on paved and unpaved park roads used as fire or service roads by authorized motor vehicles unless otherwise posted. Motorcycles or any other motorized vehicles are prohibited except on roads designated and established for automotive traffic. G. Playing any game of ball or engaging in any sport activity either on a scheduled or routine basis. (Ord. No. 4300, § 1, 5-12-11) 31-7. Uses and activities requiring permit from Community Services Director. The following activities are permitted in parks and facilities upon obtaining a permit from the Community Services Director: Created: 2022-07-25 10:01:04 [EST] (Supp. No. 68) Page 7 of 16 A. Large groups. It is unlawful for any group of persons consisting of fifty (50) or more persons to hold, conduct or participate in any celebration, parade, service, picnic, or exercise of any kind. B. Moving any equipment onto a park, setting up inflatable structures (bounce houses), dunk tanks, tents, generators, and lights, other equipment or structures in any park or facility. C. Parking or camping overnight in a park, facility, or in parking lots administered by the Community Services Department. D. Remaining in a park or facility or entering a park or facility other than during designated hours. E. Using amplification equipment in any park or facility. Noise must remain at a level that does not disturb adjacent neighbors or the reasonable use of the park or facilities by others. F. Setting up, maintaining, or giving any exhibition, show, performance, lecture, concert, or concert hall. G. Conducting any concession sales activity in a park or facility without having obtained a concession operation request letter of agreement recommended by staff and approved by the Director. A person conducting a concession sales activity in a park or facility is required to have in his or her possession an approved copy of the concession operation request letter of agreement and shall produce the agreement for inspection upon the request of a police officer, park ranger, or other employee of the Community Services Department. H. Consuming spirituous liquors in parks, facilities and open spaces. I. Renting of facilities. (Ord. No. 4300, § 1, 5-12-11) 31-8. Park and recreation facility allocation hierarchy. A. Per the athletic field usage policy, the reservation of athletic fields shall be in the following priority order, with one (1) being the highest priority: 1. City use. 2. Chandler Youth Sports Association (CYSA). 3. Nonprofit youth organizations and schools. 4. Private citizen rentals. 5. Organized tournaments, clinics, leagues or play. B. The reservation of pool/aquatic facility or facilities shall be in the following priority order, with one (1) being the highest priority: 1. City program, events or maintenance/improvements. 2. School Districts serving Chandler in accordance with any related and relevant intergovernmental agreements. 3. City resident events/open public use time. 4. Local City-based not-for-profit group program or events. 5. Non-City-based not-for-profit group program or events. 6. For profit or non-resident group program or events. (Ord. No. 4300, § 1, 5-12-11) Created: 2022-07-25 10:01:04 [EST] (Supp. No. 68) Page 8 of 16 31-9. Municipal lakes. A. Any person or group of persons may use, at their own risk, any City lake for any purpose not prohibited herein, provided that such use is consistent with the use restrictions and prohibitions set forth in, or adopted by the Director pursuant to, this Chapter. B. Except for maintenance purposes, boats using gas or electric motors for propulsion are not permitted. C. Except where such use is conducted by the City or by others pursuant to a City organized program or Department issued permit, the following activities shall constitute a violation of this Code: 1. Operating or using any boat, raft, or other watercraft, on a city lake without an urban lake boating license issued by the Department. 2. Operating or using any boat, raft or other watercraft on a city lake without displaying a state boat registration with a valid registration number and current decal. 3. Operating or using any boat, raft or other watercraft on a City lake after sunset or before daybreak or otherwise outside of park hours. 4. Operating or using a raft, inner-tube, inflatable mattress, catamaran, sailboat, or any inflatable craft on a City lake. 5. Wading, swimming or diving in a City lake. 6. Fishing in a City lake except by blind persons, children under the age of fourteen (14), or persons with a valid and current fishing license issued by the Arizona Game and Fish Department. Fish may only be taken by rod and reel. 7. Cleaning fish or discarding fish remains in a City lake or within the confines of a City park or facility. 8. Operating or using any boat, raft or other watercraft on a City lake without at least one (1) readily accessible properly fitted U.S. Coast Guard approved Type I, II, III or IV personal flotation device per person (children under twelve (12) years of age must be actually wearing such personal flotation device). 9. Operating or using any boat, raft or other watercraft on a City lake that is less than six (6) feet in length or more than fourteen (14) feet in length, except canoes which may be up to seventeen (17) feet in length. D. Other requirements. 1. Where there is no designated boat ramp or launching area, boats must be carried to the lake. 2. All fishing must be done from the lake shore, fishing pier or licensed boat. 3. Fishing from shore or piers is allowed during the time the park is open. Fishing from a boat is only permitted from 6:00 a.m. to sunset. (Ord. No. 4300, § 1, 5-12-11) 31-10. Archery. Archery is only allowed in areas designated for that purpose such as the Paseo Vista Archery Range. Any person may use, at their own risk, the Paseo Vista Archery Range provided that such use is consistent with the use restrictions and prohibitions set forth in this chapter. A. The following rules are to be observed by all users of the archery range: 1. Shoot only at designated targets. Created: 2022-07-25 10:01:04 [EST] (Supp. No. 68) Page 9 of 16 2. Shoot only from the shooting line. 3. Ensure that the area is clear before shooting. 4. Verify that all archers are done shooting before retrieving arrows. 5. Children under age sixteen (16) must be under adult supervision. 6. The range is open from 6:00 a.m. until sunset. 7. Paintball guns, BB guns, pellet guns or firearms of any sort are not allowed. 8. Alcoholic beverages are not allowed within the boundaries of the archery range. 9. Pets are not allowed within the boundaries of the archery range. 10. All special uses and competitive events must be reviewed and approved by the Special Events Committee. (Ord. No. 4300, § 1, 5-12-11) 31-11. Geocaching. Geocaching is generally permitted in parks provided that such use is consistent with the use restrictions and prohibitions set forth in this chapter. Geocaching activities should comply with the guidelines provided at geocaching.com. A. The following rules are to be observed by all participants in geocaching activities; 1. Caches must be clearly labeled and include information describing the activity to an unintentional finder. 2. Caches must be placed near existing trails and in locations that do not encourage erosion or trail damage. 3. Caches may not be buried or located in a body of water. 4. Caches may not be placed in utility boxes, irrigation structures or in park buildings and structures. 5. Caches may not be located in historical and archaeological sites, within wildlife habitat areas, playgrounds or picnic areas. 6. Modification of landscape such as trees, other living plants, rocks and geographic features is not allowed. 7. All special uses and competitive events must be reviewed and approved by the Special Events Committee. B. The City reserves the right to remove any geocache it deems inappropriate. (Ord. No. 4300, § 1, 5-12-11) 31-12. Dogs: Dogs in general and dog parks. A. Dogs in general. 1. Where not prohibited pursuant as provided in 31-4 C. or in a dog park, dogs are required to be on a leash no longer than six (6) feet in length and under the owner's control at all times. Created: 2022-07-25 10:01:04 [EST] (Supp. No. 68) Page 10 of 16 2. Owners are required to immediately remove any dog exhibiting aggressive behavior toward another dog or any person including the owner from a park, facility or open space. 3. Owners of dogs or persons who bring any dog to a park, facility or open space are required to clean up after such dogs. 4. Children under twelve (12) years of age must be accompanied by a person at least eighteen (18) years old in order to bring a dog to a park, facility or open space. B. Dog park rules. Any person may use, at their own risk, any dog park provided that such use is consistent with the use restrictions and prohibitions set forth in this chapter. 1. Dogs must be kept on leash until inside the fenced dog park area. 2. Dog owners must carry a leash for each of their dogs using the dog park. 3. The use of a dog park is limited to a licensed and vaccinated dog at least four (4) months of age. 4. Dogs are required to be under voice control and within the owner's sight at all times when using a dog park. 5. Owners are required to immediately remove any dog exhibiting aggressive behavior toward another dog or any person including the owner in a dog park. 6. Smoking, eating or bringing any food into a dog park is prohibited. 7. Bringing more than three (3) dogs per person into a dog park is prohibited. 8. Children under twelve (12) years of age are prohibited within the dog park. 9. Use of dog agility equipment by people or animals other than a dog is prohibited. 10. Owners are required to clean up after their animal(s) in a dog park. 11. Dogs "in season" are not allowed. 12. All special uses and competitive events must be reviewed and approved by the Special Events Committee. 13. Users may not enter a dog park at any time other than during posted operational hours. C. The presence of a dog in a dog park or any other park area, facility, or open space shall constitute a waiver of liability, on behalf of the person either owning, controlling, or attempting to control the dog, to the City of Chandler, as well as an agreement and undertaking to protect, indemnify, defend, and hold harmless the City of Chandler for any and all liability and/or damages alleged to have been or adjudicated to have been caused by the actions or presence of a dog including but not limited to property damage or personal injury. (Ord. No. 4300, § 1, 5-12-11) 31-13. Skate park. Any person may use, at their own risk, any skate park for skateboarding and in-line skating provided that such use is consistent with the use restrictions and prohibitions set forth in this chapter. A. Except where such use is conducted by the City or by others pursuant to a City organized program or department issued permit, the following activities shall constitute a violation of this Code: 1. Activities and actions that are not permitted pursuant to section 31-4.C of the Chandler City Code. 2. Using a skateboard longer than thirty-four (34) inches in length or in-line skates with more than four (4) wheels per skate in a skate park. Created: 2022-07-25 10:01:04 [EST] (Supp. No. 68) Page 11 of 16 3. Using bicycles, motorized vehicles or other wheeled devices, including scooters and wave boards, within a skate park. 4. Bringing a pet, except for service dogs, into a skate park. 5. Skateboarding or in-line skating within a skate park when it is raining or when the skating surface within a skate park is wet. 6. Entering a skate park at any time other than during posted operational hours or when it has been closed due to hazardous conditions. 7. Spirituous liquors are not allowed within the boundaries of the skate park. B. All special uses and competitive events must be reviewed and approved by the Special Events Committee. (Ord. No. 4300, § 1, 5-12-11) 31-14. Bike park. Any person may use, at their own risk, any bike park for bike riding provided that such use is consistent with the use restrictions and prohibitions set forth in this chapter. A. In addition to those use restrictions and prohibitions adopted by the Director, and except where such use is conducted by the City or by others pursuant to a City organized program or Department issued permit, the following activities shall constitute a violation of this Code: 1. Activities and actions that are not permitted pursuant to Section 31-4.C of the Chandler City Code. 2. Using skateboards, in-line skates, motorized vehicles or other wheeled devices, including scooters and wave boards. 3. Bringing a pet, except for service dogs, into a bike park. 4. Bike riding within a bike park when it is raining or when the biking surface within a bike park is wet. 5. Entering a bike park at any time other than during posted operational hours or when it has been closed due to hazardous conditions. 6. Spirituous liquors are not allowed within the boundaries of the bike park. B. All special uses and competitive events must be reviewed and approved by the Special Events Committee. (Ord. No. 4300, § 1, 5-12-11) 31-15. Pool/aquatic facility. Any person or group of persons may use, at their own risk, municipal pools/aquatic facilities for any purpose not prohibited herein, provided that such use is consistent with the use restrictions and prohibitions set forth in this chapter and does not in the opinion of the pool/aquatic facility staff endanger themselves or other users. A. Any person using a pool/aquatic facility or in or near an pool/aquatic facility is required to abide by all posted rules and is subject to the direction of the Pool Manager and lifeguards. The Pool Manager and lifeguards have complete authority to impose and enforce pool/aquatic facility rules and any other direction deemed necessary for purposes of safety. B. Use of the pool/aquatic facility shall be in accordance with the Maricopa County Environmental Health Code - Chapter VI. Created: 2022-07-25 10:01:04 [EST] (Supp. No. 68) Page 12 of 16 C. Except where such use is conducted by the City or by others pursuant to a City organized program, intergovernmental agreement, or Department issued permit, the following activities shall constitute a violation of this Code: 1. Entering any pool/aquatic facility at any time other than during the regular operational hours of the facility. 2. Possession of a glass container within a pool/aquatic facility or pool/aquatic facility area. 3. Children seven (7) years and under unaccompanied by a responsible guardian who is at least thirteen (13) years of age or older. 4. Failure to wear swim diapers at all times on children who are not toilet-trained. 5. Throwing, discharging, or otherwise placing or causing to be placed in the waters of any swimming pool or fountain any substance, liquid or solid, which may result in the pollution of said waters. 6. Committing any act in the pool/aquatic facility area that endangers the health, safety or welfare of any person. 7. Not abiding by any posted rules or guidelines. 8. Urinating or defecating in a pool/aquatic facility. 9. Spirituous liquors are not allowed within the boundaries of a pool/aquatic facility. (Ord. No. 4300, § 1, 5-12-11) 31-16. Vending/solicitation within a park or facility. Use of any park, facility or open space for profit or personal gain requires a permit from the Community Services Director. No such permit shall be granted unless such permit is for any use which does not interfere with the use of the park, facility or open space for park purposes, or for uses which are consistent with and in furtherance of public use and enjoyment of the park, facility or open space. A. No person shall engage in any vending or solicitation operations without having first obtained a permit from the Community Services Director. The license or permit shall note the specific park, facility or open area in which the licensee is authorized to conduct vending and/or solicitation operations and the duration of such use. vendors must also obtain any other appropriate and applicable local, county or state licenses or permits. EXCEPTION: The Community Services Department has designated specific areas at various facilities where petitions and political solicitation can transpire. A permit is not necessary to conduct petition and political solicitation. B. The Community Services Director may waive any of the requirements of the section for vending and/or solicitation operations conducted in connection with special events sponsored or approved by the City. (Ord. No. 4300, § 1, 5-12-11) 31-17. Alcoholic beverages in parks or facilities. No person within a park, municipal pool/aquatic facility or facility, including the parking areas within a park, shall consume or have in his/her possession or custody an open container of spirituous liquor except under the conditions set forth below: A. The Director is empowered to issue an alcoholic beverage permit to an individual of legal age according to Arizona State Law authorizing the consumption and possession of spirituous liquor in a park, facility or open Created: 2022-07-25 10:01:04 [EST] (Supp. No. 68) Page 13 of 16 space when the granting of such permit will not interfere with the use of the park, facility or open space. Denial of a permit is required if the intent is to use the permit as part of attendance at an event in a park or the facility that has been deemed an alcoholic free event by the organizers, or the event has an approved "beer garden" as part of the event. requirements for a permit are: 1. Alcoholic beverage permits are to be issued for one (1) day at one (1) location. 2. Alcoholic beverage permits shall be issued one (1) per person at a time. 3. Requests for consecutive dates will require the applicant to obtain a special use permit or a special event permit depending on the scope and nature of the activities occurring in conjunction with the issuance of the alcoholic beverage permit. 4. An athletic team may apply for a alcoholic beverage permit for use in conjunction with an athletic game. The team roster shall be provided which shall include the names and ages of all ball players on the team, and such roster shall be submitted with the permit. B. Request for use of spirituous liquor at Tumbleweed Recreation Center and the Community Center requires the applicant to obtain a Tumbleweed Recreation Center and Community Center alcoholic beverage permit. C. A person who has obtained an alcoholic beverage permit pursuant to this section shall display the permit upon request. The permit holder and all persons covered by the permit shall abide by the stipulations set forth in the permit and shall comply with the requirements of this chapter and all other local, state and federal laws relating to spirituous liquor. The permit may be revoked by the Director for failure to abide by the conditions of the permit; failure to abide by the requirements of this section; violation of any local, federal or state law; or if the Director determines the permitted use constitutes a threat to the health and safety of the public. (Ord. No. 4300, § 1, 5-12-11) 31-18. Permits for park and recreation related uses. A. Permits issued by Director. The Director may issue permits as set forth in this section. The Director may approve such permits on conditions which are consistent with the use of City property, public safety, and the operation of the park, facility or open space. B. Permit revocations. A permit issued pursuant to this chapter may be revoked at any time by the Director for a violation of the permit conditions; a violation of any rule, ordinance, federal or state law; or if the Director determines the permitted use constitutes a threat to the health and safety of the public. C. Parks, recreation and aquatics permits. Facilities may be reserved for public and/or private use upon issuance of a permit and payment of fee(s). This permit shall be a one-time permit. Recurring use of facilities shall be limited to City sponsored or co-sponsored activities or affiliate groups as approved by the Parks and Recreation Board. Term agreements for the use of any facility by clubs or enterprises may be permitted through signed contracts, authorized by the City Council. 1. All group use of any facility must be under competent adult supervision with the persons or groups using the facility assuming full responsibility for any damage to such facility. 2. Control personnel, parking attendants or other special services necessary for a permitted use of facilities shall be supplied by the permittee or shall be procured by the Community Services Department and charged to the permittee. The Director, Chief of Police, Fire Chief or others as determined by the City Manager may specify when control personnel are necessary. Created: 2022-07-25 10:01:04 [EST] (Supp. No. 68) Page 14 of 16 3. If, after permit issuance, notice of cancellation is not received by the Community Services Director at least forty-eight (48) hours prior to the date of the event or per the permit rules, the permit holder shall be responsible for all expenses incurred by the Community Services Department relating to the issuance of the Permit. Acceptable forms of cancellation notice are a fax, in person, e-mail or letter during business hours to the Facility Manager. 4. Any permittee using any facility shall be required to indemnify and name the City harmless from any and all liabilities for damages, personal or property, which may arise out of or in connection with the use of said facilities by such permittee. Responsibility for loss, breakage, damage or need for repair of any piece of furniture, equipment or portion of the facility rests solely with the permittee. certification of insurance shall be provided and retained on file during the duration of the permit, listing the City of Chandler as a co- insured. Limits of liability shall be determined by the City's Risk Manager. 5. All permittees shall be responsible for returning any facility used to the same condition in which such facility existed prior to their use. 6. Applications for a permit and the applicable fee shall be filed with the Community Services Department on a form provided prior to the date use is requested. In considering the permit applications, the following factors may be considered: a. The size of the group, extent of the activity and proposed use of the facility. b. The availability of the facilities. c. The interface and compatibility of the proposed permitted activity with surrounding areas and neighborhoods and possible traffic impacts. d. The effect of the proposed permitted activity on the public's ability to use and enjoy the facilities. e. Any other factors arising from the proposed use which compromise the public's health, safety and welfare, or interfere with the Department's ability to carry out their goals and objectives. D. Permits, as set forth in this section, shall be granted for uses which do not interfere with the use of the park for park purposes, or for uses which are consistent with and in furtherance of public use and enjoyment of the park as set forth in this chapter. (Ord. No. 4300, § 1, 5-12-11) 31-19. Recreation vendor permit. A. Any business or service using a facility as a location for the delivery of a program, service or contest of any nature is required to obtain a recreation vendor park permit from the Director. This includes, but is not limited to any person or entity providing exercise or fitness training, and any type of dog training or competition. B. Permits may be denied if the vendor does not provide the required certificate of insurance as determined by the City's Risk Manager, has in his possession valid City business license or fails to pay the appropriate permit fees. 1. The program or service must be conducted within posted park hours and within the established maximum participation standards. 2. No more than two (2) park vendor permits will be issued per park unless approved by the Community Services Department Director. C. A person who has obtained a recreation vendor permit pursuant to this section shall display the permit upon request. The permit holder and all persons covered by the permit shall abide by the stipulations set forth in the permit and shall comply with the requirements of this chapter. The permit may be revoked by the Director for failure to abide by the conditions of the permit; failure to abide by the requirements of this section; violation of Created: 2022-07-25 10:01:04 [EST] (Supp. No. 68) Page 15 of 16 any local, federal or state law; or if the Director determines the permitted use constitutes a threat to the health and safety of the public. (Ord. No. 4300, § 1, 5-12-11) 31-20. Appeals. Any person or group aggrieved by the denial or revocation of a permit shall have the right to appeal the decision of the Director to the City Manager. Any appeal must be filed in writing with the City Manager within five (5) working days after the notice of disapproval or revocation is given to the applicant either verbally or in writing. When notice is done in writing, the appeal must be filed within five (5) working days of the receipt of the notice. The City Manager shall act upon the appeal within five (5) working days following receipt thereof. (Ord. No. 4300, § 1, 5-12-11) 31-21. Fees. A. All fees charged for the use of Department Facilities or the issuance of permits or licenses shall be in accordance with the approved fee policy and adopted by Council resolution. B. All fees for Department registration based classes, programs and activities shall be established and approved by the Community Services Director using formulas in accordance with Community Services' approved fee policy and adopted by Council resolution. (Ord. No. 4300, § 1, 5-12-11; Ord. No. 4470, § I, 8-15-13) 31-22. Concession permits. Food, beverages or other items may not be sold on park land or within Department facilities without a concession operations request letter of agreement. A. Concession permits not exceeding seven (7) days in duration may be approved by the Community Services Director. B. Concession Permits exceeding seven (7) days require approval of the City Manager, upon recommendation by the Community Services Director. C. Permits for concession operations serving a Chandler Youth Sports Association affiliate group may be issued by the Community Services Director provided the concession operation is limited to the site approved for use by the affiliate group, and shall be valid solely for the season at hand. (Ord. No. 4300, § 1, 5-12-11) 31-23. Reserved. Editor's note(s)—Ord. No. 4887, § 2(Exh.), adopted Jan. 9, 2020, renumbered § 31-23, which pertained to Arts Commission and Municipal Art Fund. The user's attention is directed to § 2-20. 31-24. Reserved. Editor's note(s)—Ord. No. 4887, § 2(Exh.), adopted Jan. 9, 2020, renumbered § 31-24, which pertained to establishment of Municipal Art Fund. The user's attention is directed to § 2-21. Created: 2022-07-25 10:01:04 [EST] (Supp. No. 68) Page 16 of 16 31-25. Reserved. Editor's note(s)—Ord. No. 4983 , § 10, adopted Jan. 13, 2022, renumbered the former § 31-25 as § 2-30. Said section pertained to Parks and Recreation Board. The historical notation has been retained with the amended provisions for reference purposes. 31-26. Reserved. Editor's note(s)—Ord. No. 4906, § 1, adopted Nov. 7, 2019, repealed § 31-26, which pertained to Museums Advisory Board and derived from Ord. No. 4300, § 1, adopted May 12, 2011. 31-27. Reserved. Editor's note(s)—Ord. No. 4983 , § 6, adopted Jan. 13, 2022, renumbered the former § 31-27 as § 2-27. Said section pertained to Mayor's Committee for People with Disabilities. The historical notation has been retained with the amended provisions for reference purposes. 31-28. Reserved. Editor's note(s)—Ord. No. 4983 , § 7, adopted Jan. 13, 2022, repealed § 31-28, which pertained to Mayor's Committee for the Aging and derived from Ord. No. 4300, § 1, adopted May 12, 2011. 31-29. Reserved. Editor's note(s)—Ord. No. 4983 , § 8, adopted Jan. 13, 2022, renumbered the former § 31-29 as § 2-28. Said section pertained to Mayor's Youth Commission. The historical notation has been retained with the amended provisions for reference purposes.