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6. Amend. City Code 14-61 Wine ~ MEMORANDUM CITY OF CHANHASSEN TO: Park and Recreation Commission 111 7700 Markel Boulevard PO Box 147 Chanhassen, MN55317 FROM: Todd Hoffman, Park and Recreation Director DATE: February 11,2005 Administration Phone:9522271100 Fax: 952227.1110 SUBJ: Recommendation to City Council Concerning an Amendment to City Code Sec. 14-61 to Pennit the Consumption of Wine in City Parks Building Inspections Phone: 952227.11BO Fax 952227.1190 Finance Phone: 952.227.1140 Fax: 952.227.1110 As a part of their strategic planning for 2005, the City Council identified a desire to review the current ordinance governing the consumption of alcoholic beverages in city parks. Council members have heard from residents that it would be nice to be able to drink wine while visiting a park or attending a special event held at a city park. Engineering Phone: 952227.1160 Fax: 952227.1170 The current section of the city code governing alcoholic beverages reads: Park & Recreation Phone 952.227.1120 Fax: 952.227.1110 (a) The definitions in Minnesota Statutes section 340A.I0l apply to this section. Recreation Center 2310 Couller Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone 952227.1130 Fax 952.227.1110 (b) Except for malt beverages, no person shall consume or have in his or her possession while within any city park any bottle or receptacle which contains intoxicating liquor which has been opened, or the seal broken, or the contents of which have been partially removed. Public Works 1591 Park Road Phone 952.227.1300 Fax 952.227.1310 Park rules currently prohibit the possession of glass bottles, glass containers, or glass receptacles within a city park. Beverages, including malt beverages (beer) are pennitted in non-glass containers. Senior Center Phone 952.227.1125 Fax: 952.227.1110 A survey of area communities concerning alcohol in parks turned up the following: Web Site www.ci.chanhassen.mn.lJs · Chaska: No alcohol pennitted in parks · Eden Prairie: Alcohol prohibited at school/park sites and youth athletic parks - no restrictions in other locations · Minnetonka: Beer and wine pennitted in picnic areas only by special permit · Plymouth: No alcohol pennitted in parks · Shorewood: No alcohol pennitted in parks The City 01 Chanhassen . A grawlOg community wilh clean lakes, quality schools, a charming downlown, IhflvlOg businesses, wlOding lrails, and beaulllul parks A gæal place to live, work, and play Park & Recreation Commission February 11, 2005 Page 2 The communities that do not pennit alcohol cited a desire to maintain a family friendly atmosphere, limit access to minors, and avoid problems associated with excessive consumption. Eden Prairie takes a different approach, allowing all types of alcohol at specific locations while banning alcohol at others. RECOMMENDATION It is recommended that the Park and Recreation Commission recommend the City Council amend section 14-61 of the code to pennit the consumption of wine in addition to malt beverages in city parks and amend section 14-68 to prohibit glass containers from public beach areas only. § 14-58 CHANHASSEN CITY CODE (e) A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permit. (I) The person to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any person wherever by reason of the negligence of the person or persons to whom such permit shall have been issued. Within forty-eight (48) hours of the end of the permit, a permittee shall remove from the park all trash in the nature of boxes, paPers, cans, bottles, garbage and other refuse and all installations and equipment, and restore the prem- ises to their condition prior to use. (g) The city shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown. (Ord. No. 59, § 31, 7·21·75) Sec. 14-59. Parking permits. No person shall leave or park any vehicle on any public lands or grounds adjacent to or in the neighborhood of Lake Ann Park during the months' of May, June, July, August and September of each year without having attached to the vehicle in a conspicuous place a permit for that year. Such permits for the parking of automobiles or other vehicles or conveyances on public lands or grounds adjacent to or in the neighborhood of Lake Ann Park shall be issued by the city to any resident or real property owner of the, city upon payment to the city of a permit fee in the amount established by resolution each year. Such permits shall also be issued to any person who is'not a resident of the city or who does not own real property within - the city only upon payment to the city óf a permit fee in the amount established by resolution each year. (Ord. No. 59, § 31,7-21·75) Sec. 14-60. Operating hou,rs. No person shall park, be in or remain in, or leave any vehicle in any park, between the hours of 10:00 p.m. and 6:00 a.m. This section does not apply to those vehicles or persons involved in organized activities which are authorized to remain in a park by the city. (Ord. No. 59, § 4, 7·21·75) .Bee. 14·61. Alcoholic beveraf:¡. (a) The definitions in Minnesota Statutes section 340A.101 apply to this sectiqn. ... ' .' (b) Except for malt beverages, no person shall consume or have in his or her possesSion while within any city park iriy bottle or receptacle which contains intoxicating liquor which has been opened, or the seal broken, or the contents of which have been partially removed. (Ord. No. 57, § 5.02,6·17·75; Ord. No. 57A, § 1, 9-2()'76; Ord. No. 2H, § 7.19,4-19-82; Ord. No. 134, § 1, 11·11·90) Supp. No.3 786 § 14-67 CHANHASSEN CITY CODE Sec. 14-67. Use of vehicles. (a) No person in any park shall ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon such roads as the city council may designate by posted signs, for speedier travel. (b) No person when using a park shall interfere with the passage of vehicles. (c) No vehicle is permitted on any footwalk, lawn, or any other grounds of city parks except in such areas or upon auch trails, patha or roadways as are specifically designated by posted signs for traffic or parking purpoaes. (d) No driver of any vehicle shall tow or push any toboggan, sled, ice akater, bicycle or any other aliding or coasting device, nor shall a driver permit any person to board or alight from nor hang onto ssid vehicle when aaid vehicle is in motion. (e) No vehicle of any kind shall be permitted to drive across or on park lands except on roadways, except such vehiclea and machines as operated by the city. Nothing herein shall be construed to prohibit the use of snowmobiles in any area of a park so designated by resolution or ordinance. (1) No person shall ride any bicycle upon any trail or sidewalk in such manner aa to inteñere with any pedestrian thereon. (g) Any unoccupied vehicle found in violation of the provisions of this article may be removed and impounded at owner's expense by any police officer or duly authorized person in accordance with the ordinancea of the city. (Ord. No. 59, § 32, 7-21-75) Cross reference-Motor vehiclea and traffic, Ch. 12. See. 14-68. Glass receptacles. No person shall have in his or her posseasion a glass bottle, glasa container, or glasa receptacle within a city park. (Ord. No. 150, § 1, 6-10-91) Sec. 14-69. Authorized persons exempt. Law enforcement officers and city employees acting in their official capacitiea, or others acting under their direction or control, are exempted from the provisions of this article. (Ord. No. ~54, § 1, 6-24-96) [The next page is 639] Supp. No. 14 788