RECREATION, LIBRARIES AND AUTHORITIES COMMITTEE

 

08-057-O                              AS AMENDED

 

ORDINANCE NO. 9924

 

AN ORDINANCE AMENDING SECTION 35-9.3 OF THE DULUTH CITY CODE, 1959, AS AMENDED, LIMITING THE AUTHORITY OF THE DIRECTOR OF PARKS AND RECREATION TO DETERMINE THE HOURS FOR SPECIAL EVENTS AT BAYFRONT FESTIVAL PARK RECREATION AREA.

BY COUNCILOR ANDERSON:

The city of Duluth does ordain:

     Section 1. That Section 35-9.3 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 35-9.3.     Use of parks between certain hours prohibited without prior registration, exceptions.

    Except as provided herein, no persons shall enter or remain in any public park or public recreation area, except Canal Park, between the hours of 12:00 midnight and 6:00 a.m. on any day. No event at Bayfront Festival Park shall terminate later than 11:00 p.m. on Sunday through Thursday of any week, and no later than 11:59 p.m. on Friday and Saturday of any week.
    The director of parks and recreation of the city is hereby authorized to close any public park or public recreation area between the hours of 10:00 p.m. and midnight, or any part of such time period, by posting appropriate signs to such effect at such park or recreation area, and in such case, no person shall enter or remain in such park or recreation area during such hours.
    Provided, however, that before exercising his authority pursuant to this paragraph, the director of parks and recreation shall file notice with the city council of his intention to do so at least three days prior to a council meeting and, if the council does not disapprove such action by resolution adopted no later than the second council meeting after such notice is filed, the director may then proceed to implement the closing of the park.
    Except for Bayfront Festival Park, the director of parks and recreation of the city is hereby authorized to suspend the provisions of the first and second paragraphs of this Section with respect to any park or recreation area for special events or occasions.
    The provisions of this Section shall not be applicable to law enforcement personnel, nor to employees of the city while carrying out duties within the scope of their employment with the city.
    The provisions of this Section shall not be applicable to any person if such person or a group of which such person is a member or guest has received a permit to be in such park or recreation area during such time from the director of parks and recreation of the city. The director of parks and recreation shall issue permits authorizing use of public parks or public recreation areas during the hours such parks or recreation areas are closed pursuant to this Section to all persons or groups requesting such permits; provided, however, that any person or any group including any person who has been convicted of violating any law while in a public park or public recreation area during such hours, shall not be issued such a permit for a period of one year after such conviction.
    The provisions of this Section shall not be applicable to any person while he is making use of any park or recreation area for fishing or boating purposes, or to any person while driving a vehicle on a park road for purposes of passing through such park, or to any person while a passenger in or on such a vehicle.
   Any permit holder exceeding the termination time for Bayfront Festival Park shall be subject to additional fees which shall be set by resolution in accordance with Section 31-6(a) of the Code.

     Section 2. That this ordinance shall take effect 30 days after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance eliminates the authority of the director of parks and recreations to require special events as Bayfront Festival Park to end prior to midnight.