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HomeMy WebLinkAboutORD 07-055 ORDINANCE NO. 07-055 ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE I, SUBSECTIONS 20-2(a), 20-4(a) AND (d), 20-10(g), (h)(2) AND (3), AND Q), SECTION 20-12, AND ARTICLE II, SECTION 20-20, AMENDING SUBSECTIONS 20-21(a) through (d), (f), (i) and 0), REPEALING SUBSECTIONS 20-21(e), (g) AND (h), ADDING A NEW SUBSECTION 20-21(e), AND RENUMBERING SUBSECTIONS 20-21(i) AND 0) TO BECOME SUBSECTIONS 20- 21(g) and (h), AMENDING SECTIONS 20-28, 20-30 AND 20-31, AND REPEALING ARTICLE I, SECTION 20-13, AND ARTICLE II, SECTION 20-33, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 20, Article I, Subsection 20-2(a), be and the same is hereby amended to read as follows: Sec. 20-2. Parks and recreation committee; membership; duties. (a) There is hereby created a parks and recreation advisory committee to be composed of fourteen (14) members who are resident citizens and qualified voters of the city. The members of the parks and recreation advisory ommittee shall be appointed b the city council. The term of rY PP Y Y office of each member of the parks and recreation advisory committee shall be for two (2) years or until a successor is appointed. The city council shall name one (1) of the members of the parks and recreation advisory committee as chairman for two (2) years. Vacancies shall be filled by the council for the unexpired term. Members of the parks and recreation advisory committee shall serve without compensation. All members of the parks and recreation advisory committee shall be subject to removal at the will and pleasure of the council. Section 2. That Chapter 20, Article I, Subsections 20-4(a) and (d), be and the same are hereby amended to read as follows: Sec. 20-4. Park property regulations; wild animals and birds. (a) Buildings and other property. No person shall willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts of appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal; fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition; or dig, or remove any soil, rocks, stones, trees, shrubs, or plants or materials, or make any excavation by tool, equipment or other means. (d) All city parks, other than open areas adjacent to the civic center complex shall be closed between the hours of 12:00 midnight and 6:00 a.m. or as otherwise posted. It shall be unlawful for any person to be upon the parks of the city described herein during hours that the park is closed. Parks may be opened at other times at the discretion of the city manager. Section 3. That Chapter 20, Article I, Subsections 20-10(g), (h)(2) and (3), and 0), be and the same are hereby amended to read as follows: Sec. 20-10. Behavior. (g) Loitering and boisterousness. No person shall sleep, or protractedly lounge on the seats or benches or other park property; engage in loud, boisterous, threatening, abusive, insulting or indecent language; or engage in any disorderly conduct or behavior tending to a breach of the public peace. (h) Alcoholic beverages. No person shall sell, consume or possess any alcoholic beverage within any park of the city. The prohibition against sale, consumption or possession of alcoholic beverages shall not apply as follows: (2) Within any permanent structure located at Fair Park; (3) Within the clubhouse of the Henry Homberg Golf Course; and the prohibition does not apply on the golf course for special functions or tournaments sponsored by groups or organizations authorized to be held at the Henry Homberg Golf Course. Q) Sound producing devices. No person shall use, operate or allow to be used or operated any device for the reproducing or augmentation of sound in such manner as to disturb the peace, quiet or comfort of persons in a city park. The operation of any such sound-reproducing or augmentation device in such manner as to be plainly audible at a distance of fifty (50) or more feet from the source of the sound shall be prima facie evidence of a violation of this section. For the sound to be "plainly audible", words or phrases need not be distinguishable and bass reverberations are sufficient. This prohibition shall not apply to city sponsored entertainment events in parks. Section 4. That Chapter 20, Article I, Section 20-12, be and the same is hereby amended to read as follows: Sec. 20-12. Sterling Pruitt activity center. Non-residents of the city over the age of eighteen (18) years shall be charged a fee of five dollars ($5.00) per usage for the use of the Sterling Pruitt activity center. Those wishing to use the Sterling Pruitt activity center will be required, upon request, to provide a photo identification card to verify their resident or non-resident status. Section 5. That Chapter 20, Article I, Section 20-13, be and the same is hereby repealed. Section 6. That Chapter 20, Article ll, Section 20-20, be and the same is hereby amended to amend the following definition to read as follows: Sec. 20-20. Definitions. Civic center complex: The Beaumont Civic Center; the Julie Rogers Theatre for the Performing Arts; the Jefferson Theatre; the Harvest Club; Riverfront Park; and grounds contiguous to those facilities. Section 7. That Chapter 20, Article 11, Section 20-21, be and the same is hereby amended by repealing Subsections (e), (g) and (h), adding a new subsection (e), amending Subsections (a) through (d), (f), (i) and 0), and renumbering Subsections (i) and 0) so as to read as follows: Sec. 20-21. Use rate schedule. The following rates will apply to the use of the Civic Center complex facilities: (a) The Civic Center. (1) Commercial. Minimum rental shall be one-thousand seven-hundred fifty dollars ($1,750.00) per all day, or ten (10) per cent of gross receipts, whichever is greater. However, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Non-commercial(minimum rental): a. Matinee ..................................................$ 800.00 b. Evening ..................................................$1,100.00 C. All day ....................................................$1,350.00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (3) The use of incidental space within the Civic Center, i.e., dressing rooms, meeting rooms, etc., when used in connection with a rented use of the main room in the Civic Center, may be permitted without additional rental charge when said space is available and with the approval of the city manager or his designee. (b) Meeting rooms in the Civic Center.• (1) Commercial. a. Matinee, per room .....................................$150.00 b. Evening, per room.....................................$150.00 C. All day, per room .......................................$250.00 (2) Non-commercial. a. Matinee, per room .....................................$ 75.00 b. Evening, per room.....................................$100.00 C. All day, per room .......................................$125.00 (c) The Julie Rogers Theatre for the Performing Arts: (1) Commercial: Minimum rental shall be eight hundred fifty dollars ($850.00) per all day, or ten (10) per cent of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Non-commercial (minimum rental): a. Matinee .....................................................$500.00 b. Evening .....................................................$600.00 C. All day .......................................................$800.00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (d) Meeting rooms in the Julie Rogers Theatre: (1) Commercial. a. Matinee, per room .....................................$100.00 b. Evening, per room.....................................$150.00 C. All day, per room .......................................$225.00 (2) Non-commercial. a. Matinee, per room .....................................$ 75.00 b. Evening, per room.....................................$100.00 C. All day, per room .......................................$125.00 (e) The Jefferson Theatre: (1) Commercial: Minimum rental shall be eight hundred fifty dollars ($850.00) per all day, or ten (10) per cent of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Non-commercial(minimum rental): a. Matinee .....................................................$500.00 b. Evening .....................................................$600.00 C. All day .......................................................$800.00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (f) Harvest Club: (1) Commercial. Minimum rental shall be seven hundred fifty dollars ($750.00) per all day, or ten (10) per cent of gross receipts, whichever is greater. However, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall be approved by the city manager. (2) Non-commercial (minimum rental): a. Matinee .....................................................$350.00 b. Evening .....................................................$400.00 C. All day .......................................................$550.00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (g) Riverfront Park: (1) Events other than conventions: a. Commercial. Minimum rental shall be seven hundred fifty dollars ($750.00) per all day, or ten (10) per cent of gross receipts, whichever is greater. However, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. b. Non-commercial (minimum rental): 1. Matinee...........................................$150.00 2. Evening...........................................$250.00 3. All day.............................................$300.00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Convention, all day...............................................$150.00 (3) Pavilion only, all day.............................................$100.00 (h) After midnight: When any of the facilities of the Civic Center complex are used between the hours of 12:00 a.m. through 7:00 a.m., said use shall be at the following hourly rates plus additional charges equal to the cost of operating a staff: Civic Center, per hour..........................................$350.00 Civic Center Meeting Rooms, per hour................$ 75.00 Julie Rogers Theatre, per hour ............................$200.00 Julie Rogers Theatre Meeting Rooms, per hour ..$ 75.00 Jefferson Theatre, per hour..................................$200.00 Harvest Club, per hour.........................................$125.00 The following rates will apply to the rental of city recreation buildings: Per hour (three-hour minimum)............................$ 25.00 Set-up and take-down of tables and chairs..........$ 25.00 Set-up and take-down is allowed thirty (30) minutes before and after any event. These rates shall apply to the following city recreation buildings: Alice Keith Community Center; Rogers Park Community Center; Sprott Park Community Center. The following rates will apply to the rental of the city showmobile: Dailyrate....................................................................$200.00 If out of city..........................................................plus mileage If rented for 10 or more days, daily rate .....................$100.00 Section 8. That Chapter 20, Article II, Section 20-28, be and the same is hereby amended to read as follows: Sec. 20-28. Box office rates. Box office rates shall be as follows: (1) Three (3) per cent of the gross receipts, minimum charge of $150.00; (2) Applicable fees associated with credit card usage; (3) Ticket sellers on day of event. Section 9. That Chapter 20, Article II, Section 20-30, be and the same is hereby amended to read as follows: Sec. 20-30. Advertising. No person shall advertise a performance or attraction to be held in any civic center complex facility until the lease for said facility has been properly executed and all contracts between all parties involved have been executed and exhibited to the director of the event facilities department. All advertisements for performance or attractions for which an admission is to be charged, must state the total admission prices. Failure to comply with this section will result in forfeiture of all monies paid the city, and may result in refusal by the city to lease any facilities to said person in the future. Section 10. That Chapter 20, Article 11, Section 20-31, be and the same is hereby amended to read as follows: Sec. 20-31. Denial of rental request. The city manager or his designee may deny rental of any of the facilities for bookings of a similar nature in the same promotional period of time. Section 11. That Chapter 20, Article 11, Section 20-33, be and the same is hereby repealed. Section 12. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 13. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 14. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of B umont on this the 8th day of May, 2007. Mayor Guy N. Goodson - i T i� w o