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Home My WebLink AboutOrdinance 5501 ORDINANCE NO. 5501 AN ORDINANCE TO AMEND §97.015 OPERATING HOURS IN CHAPTER 97: PARKS AND RECREATION TO AUTHORIZE THE PARKS AND RECREATION STAFF TO EXTEND A PARK' S CLOSING TIME WHEN NECESSARY FOR A TOURNAMENT OR SPECIAL EVENT WHEREAS, occasionally a tournament is delayed by weather or otherwise runs later than planned so that its last game cannot be finished by 11 :00 P.M.; and WHEREAS, the Parks and Recreation Staff should be empowered to extend the closing time for such tournament or special event if reasonable and necessary. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends §97.015 Operating Hours by placing all current wording under a new subsection (a) and enacting a new subsection (b) as follows: "(b) Parks and Recreation Staff is authorized to extend the operating hours of a park when reasonable and necessary to accommodate a tournament or special event." PASSED and APPROVED this 5h day of June, 2012. APPROVED: ATTEST: By: By: �QYt�^�vJYM Cit Clerk/Treas '�rt TR"'' O LD J N, Mayor SONDRA E. SMITH, y RYV . �'G S, bly FAYETTEVILLE . SPS0�~ =mss •. KqN J �: uuuwu • City of Fayetteville Staff Review Form • City Council Agenda Items and Contracts, Leases or Agreements 6/5/2012 City Council Meeting Date Agenda Items Only Chase Gipson Recreation Programs Parks and Recreation Submitted By Division Department Action Required: An ordinance to ammend §97.015 Operating Hours in Chapter 97: Parks and Recreation to authorize the Parks and Recreation staff to extend a park's closing time when necessary for a tournament or special event. NA $ Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item / Budget Adjustment Attached G . Previous Ordinance or Resolution # 97.015 tDertment Direct Date Original Contract Date: S- ZOriginal Contract Number: City Attorney Date " " 2 � 3 - 12P01 : 29 RCVD Firfa &nal S &vices Director Date Received in City Clerk's Office Ua Chief of St Received in / I Mayor's Office Mayr D to Comments: Revised January 15, 2009 a e evl le THE CITY OF FAYETTEVILLE, ARKANSAS Y DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Directoro, . From: Chase Gipson, Recreation Superintendent Date: May 18, 2012 Subject: Authorizing Parks and Recreation staff to extend the normal operating hours of a park. PROPOSAL: Tournament play and special events in a Park facility occasionally run behind schedule for a number of reasons including inclement weather, extra innings/overtime, teams arriving late from another facility, etc. Over the course of a day with several games, these delays can add up to games or events starting an hour or two late. When this does occur, Parks Staff needs to be able to extend the hours of the park beyond the normal closing time of 11 p.m., to better accommodate participants and scheduling. RECOMMENDATION: Authorizing Parks and Recreation staff to extend the normal operating hours of a park when reasonable and necessary to accommodate a tournament or special event. BUDGETIMPACT: Potential increase in HMR revenue due to additional teams participating in a tournament. ATTACHMENTS: Letter from City Attorney, Kit Williams Proposed Amendment to §97.015 Copy of current law, Chapter 97 UeV;li a e le Departmental Correspondence Y LEGAL www.accessfayetteville.org DEPARTMENT Kit Williams TO: Mayor Jordan CityAttorney City Council Jason B. Kelley Don Marr, Chief of Staff Assistant City Attorney Connie Edmonston, Parks & Recreation Director FROM: Kit Williams, City Attorney DATE: March 12, 2012 RE: Authorizing Parks and Recreation Staff to extend the normal operating hours of a park when reasonable and necessary to accommodate a tournament or special event Chase Gipson, Recreational Superintendent of the Parks and Recreation Department, notified me that they had concerns about extending the normal operating hours of a city park when a tournament was running late and the last game could not be finished until after 11 :00 P.M. The current §97.015 Operating Hours is somewhat unclear about the staff's ability to occasionally extend the closing hour of a park to accommodate a late running tournament or special event. Therefore, I agreed that Operating Hours should be slightly amended to make it clear that in certain rare, but necessary situations, the Parks and Recreation staff in charge of a park could extend the operating hours so the last game of the night could be finished. This usually happens in softball tournaments if rain delays some early rounds. Fortunately, most of our softball fields (at Gary Hampton and Lake Fayetteville) are pretty far from residential neighborhoods so extending the operational hours slightly beyond 11 :00 P.M. should not cause much, if any, inconvenience for our citizens. I recommend we leave the established wording intact and unchanged and place it under (a). Then, the City Council could enact: "(b) Parks and Recreation Staff is authorized to extend the operating hours of a park when reasonable and necessary to accommodate a tournament or special event." This should resolve Parks and Recreation Staff's concern about whether they are authorized to allow a little more time for the last scheduled game to finish even if it is later than 11 :00 P.M. i ORDINANCE NO, AN ORDINANCE TO AMEND §97.015 OPERATING HOURS IN CHAPTER 97: PARKS AND RECREATION TO AUTHORIZE THE PARKS AND RECREATION STAFF TO EXTEND A PARK' S CLOSING TIME WHEN NECESSARY FOR A TOURNAMENT OR SPECIAL EVENT WHEREAS, occasionally a tournament is delayed by weather or otherwise runs later than planned so that its last game cannot be finished by 11 :00 P.M. ; and WHEREAS, the Parks and Recreation Staff should be empowered to extend the closing time for such tournament or special event if reasonable and necessary. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends §97.015 Operating Hours by placing all current wording under a new subsection (a) and enacting a new subsection (b) as follows: "(b) Parks and Recreation Staff is authorized to extend the operating hours of a park when reasonable and necessary to accommodate a tournament or special event." PASSED and APPROVED this 5 h day of June, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer r• FAYE17EVILLE CODE OF ORDINANCES TITLE IX GENERALREGULATIONS CHAPTER 97: PARKS AND RECREATION ARTICLE 1 97.016 Fee For City Park Ballflelds GENERAL PROVISIONS For Tournaments 97.001 Definitions (A) For the use of city park ballfields for For the purpose of this chapter, the following tournaments, the mayor or his/her designee definitions shall apply unless the context dearly shall establish fees to be charged to defray indicates or requires a different meaning. the costs of maintenance, trash pickup and removal, equipment use, water, and . City. The City of Fayetteville, Arkansas. electridty. Director. A person immediately in charge of (B) The sponsors of any tournament shall any park area and Its activities, and to whom all arrange for all necessary umpires. Upon park attendants of such area are responsible. conclusion of each tournament, the sponsors shall restore each field to the same condition Park. A park, reservation, playground,, it was in prior to the tournament. beach, recreation center or any other area in the city, owned or used by the city, and devoted to (Cade 1965, §2.100; Ord. No. 2714, 4-7-81 ; Ord. No. active or passive recreation. 4115, 8-18-98; Code 1991 , §97.016) Cross reference(s)--Penalty, §97.999. Person. Any person, firm, partnership, association, oorporetion; company, or 97.017 Fees For City Swimming Pools organization of any kind. Upon the recommendation of the Parks and VehiGe. Any wheeled conveyance, whether Recreation Advisory Board, the mayor, or his/her motor powered, animal-drawn, or self-propelled adjustments shall establish and make periodic adjustments to the schedule of fees charged for and shall include any trailer in tow of any size, kind or description. Exception is made for baby the use of city swimming pools. carriages and vehicles In the service of the city (Ord. No. 4371, 2.19-02; Code 1991 , §97.017) parks. (Code 1965, §17-A-1; Ord. No. 1594, 4-1-68; Code 97.018 Enforcement By Director, Park 1991 , §97.001) Attendants, And City Police The director, park attendants and city police shall (Code 1965, §17A-2; Ord. No. 1594, 4.1-68: Code in connection with their. official duties diligently 1991, §97.002) enforce the provisions of this chapter. 97.002-97.014 Reserved (Cgde 1965, 17A-33; Ord. No. 1594, 4-1-68; Code 1991 , §97.018) ARTICLE II PARK OPERATIONS; 97.019-97.029 Reserved ADMINISTRATION AND ARTICLE III ENFORCEMENT CARE OF PARK PROPERTY 97.015 Operating Hours Except for unusual and unforseen emergencies, 97.030 Buildings And Other Property city parks shall be open to the public every day of No person in a park shall v7ilfully mark, deface. the year from daylight until 11 :00 'p.m. Any disfigure, injure or tamper with any buildings, section or part of any park may be declared monuments, bridges, tables, benches, fireplaces, closed to the public by the city or its duly signs, public utilities or other structures or . authorized representative at any time and for any equipment, facilities, or park property or Interval of time. appurtenances whatsoever, either real or personal. i (Code 1985, §17A-32; Ord. No. 1594. 4-1-68; Code Code 1965. §17A-3; Ord. No, 1594, 4-1-68; Cotle 1991, §97.015) n 1991 , §97.030) i i Cross reforence(s)--Penalty, §97.999. G� CD97:3 0 NORTHWEST ARKANSAS DEMOCRAT-G, ZEr� NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE SAS TIMES NEWSPAPE16LLC ENTONCOUNTY DAIERS NORTHWEST L DATHE MORNING NEWS OF ILY 212 NORTHEAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479442-1700 1 WWW.NWANEM.COM AFFIDAVIT OF PUBLICATION RECEIVED I, Karen Caler, do solemnly swear that I am the Legal Clerk of the JUL 0 3 2012 Northwest Arkansas Newspapers, LLC, printed and published in CITY OF FAYE17EVILLE Washington and Benton County, Arkansas, bona fide circulation, CITY CLERK'S OFFICE that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ordinance #5501 -- _ ORDINANCE NO. 5501 AN ORDINANCE TO AMEND §97.ARE 015 OPERATING HWRSHIN CHAPTER 9T RKKS AND RECREATETayeVWas inserted in the Regular Editions On: TO AUTHORIZE THE PARKS H,,,D RECRFAJune 212012 EVEMSSARY rawaM OROSING MSPEQAEN $ WHEREAS, occaslortaly a taumarnartl q tlelayed by weather or oNCNwige runs alter than plarareU so that ffs 1051 game tenrat be fuusfred by 11:00 P.M.; erW WHEREAS, Ne Parks" Revmtion Staff Shoup be empowered to extend the dosing Uma Publication Charges: $ 64.85 for Such toumament or special event If reeaony eshe necessary. NOW, THEREFORE, BE R ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYETTEWLLE, ARKANSAS. Seclion 1. That the Qty Co ;l of the City of FayetteNlle, Arkansas hereby amends §97.015 Operatirg Hours by placing all cumnt vrortlirg under a epw subsection la) erp rtew subsection (b) as fokr va: er,ac Wg e •M) Parks srp Raveahon Staff is atnhodzed to eaene the Operating hours of a park when, reasonable arke a asa iry to accommoeate a tou PASSED arxI APPROVED this 5N dsY o/June, 2012,ant a special avant .C1 D tt J •I Y �J APPROVED: ATTEST: BY Karen Caller ONELD JORDAst�NBY ORq E. SMRN, Cty Gek reesure Subscribed and sworn to before me This D. day of 32012. Com;; W ,, Notary Public My Commission Expires: 2f t SF:�•,,,, CATHY J. WILES � ' Benton County "' M Commission EXPIBS y l � 9`�j rNs? February 20, 2,314 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent.