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HomeMy WebLinkAbout06791ORDINANCE NO. 6791 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE X OF THE PUEBLO MUNICIPAL CODE OF ORDINANCES RELATING TO GOLF COURSES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND CHANGING THE NAME OF THE CITY PARK GOLF COURSE TO ELMWOOD GOLF COURSE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter deleted, underscoring indicates matter added.) SECTION 1 Chapter 4 of Title X of the Pueblo Municipal Code is amended to read as follows: Is]: /_129 :4:ZI Golf Courses Sec. 10 -4 -1. Definitions. For the purpose of this Chapter, the following definitions shall be: [(1) City Park Golf Course shall mean the municipally owned golf course situate within City Park but extending chiefly southward therefrom and across the Bessemer Ditch and for a considerable distance beyond Thatcher Avenue, and shall include the clubhouse and all other buildings situate on the golf course premises.] Golf Courses shall mean and include: a. The 27 hole golf course, clubhouse and related buildings and structures located at 3900 Thatcher Avenue on approximately 192 acres of land known as the Elmwood Golf Course. b. The 18 hole golf course, clubhouse and related buildings and structures located at 4301 Walking Stick Boulevard on approximated 180 acres of land known as the Walking Stick Golf Course. (2) Annual green fee shall mean that sum of money required by resolution of the City Council to be paid in order to permit a player to play the golf courses for a period of one (1) year [or until April 30 of the following payment] from January 1 to December 31 of each year (3) Daily green fee shall mean that sum of money required by resolution of the City Council to be paid in order to permit a player to play the golf courses on any given day. (4) Improvement fee shall mean that sum of money required by resolution of the City Council to be paid in addition to an annual green fee [as] or a daily green fee in order to permit a player to play the golf courses on any given day. (5) Golf pro shall mean the golf professional who manages the golf courses, teaches golf, sells golf equipment and supplies and assists in other duties in the operation of the golf courses. (6) Pro shop shall mean that building used by the golf pro for [his or her] office and for the display of [his or her] merchandise and the repair of golf equipment. Sec. 10 -4 -2. Green fees; payment. It shall be unlawful for any person other than the golf pro and authorized golf course personnel to play golf on the [City Park Golf Course] golf courses without first having paid in full an annual or daily green fee and improvement fee for that purpose. Sec. 10 -4 -3. Golf pro contract. The City Council may contract with any member of the Professional Golfer's Association or any entity who employs on a full -time basis a member of the Professional Golfer's Association to manage the golf courses and to operate the pro shop facilities [and] or such other facilities of the golf courses as the City Council shall provide by contract. Such contract shall be deemed a contract for professional services and not subject to the requirement for competitive bidding. Sec. 10 -4-4. Collection; receipts; bond. All annual or daily green fees and improvement fees shall be collected by the [City's authorized employees] olg f pro Receipts furnished by the [City] -golf pro shall be given for each green fee and improvement fee paid and the records therefor shall be kept in accordance with directions of the Director of Finance. No partial payment of any green fee shall be accepted. Those in charge of such collections shall be bonded by the [City.] _golf pro All fees collected by the golf pro shall be held in trust by the golf pro for the use and benefit of the City and shall be -2- remitted to the City at such times and in such manner as the Director of Finance shall determine. Sec. 10 -4 -5. Trespass; exceptions. It shall be unlawful for any person not playing golf or taking lessons from the golf pro to frequent, trespass or walk upon or across any portion of the golf course premises other than the premises immediately adjacent to the clubhouse and pro shop, or to knowingly permit his or her minor child to do so; provided, however, that the following cases shall be excepted: (1) When a tournament is in progress and the public has been invited, persons over twelve (12) years of age, and minors under twelve (12) years of age if accompanied by parents, may follow the progress of any players in the tournament as spectators; [(2) Any person having paid an annual green fee may be upon the course at any time, whether or not he or she is playing, during the year for which he or she paid the green fee;] [ (3)] Q Any caddy who is registered by the golf pro as such and whose services have been engaged by a player, or any caddy brought by a player to the course for the purpose of caddying; and [(4)] U Any guest of a player or a member of a player's family. Sec. 10 -4 -6. Vehicles prohibited; exceptions. It shall be unlawful for any person to drive or operate any motor vehicle of any kind upon any portion of the golf course at any time unless the vehicle is: (1) Equipment used by [caretakers] authorized golf course personnel or contractors for the maintenance and care of the golf courses; or (2) A motorized conveyance built and designed especially for use by golfers on the golf course, provided that the same does not exceed one thousand two hundred fifty (1,250) pounds by actual weight, unloaded, and provided further that such conveyance may be used only at such times as the golf pro shall designate, but at no time shall they be permitted on the greens, tees or traps or within twenty (20) feet thereof. Sec. 10 -4 -7. Golfing groups; sizes. During period of heavy play on the courses, it shall be desirable for play to -3- proceed in foursomes; provided, however, that when, in the opinion of the starter or in his or her absence, the golf pro, the circumstances may justify a threesome or a fivesome, he or she may permit the same. At no time shall more than five (5) players be permitted in one (1) group except when play is light and special permission has first been obtained from the golf pro. Sec. 10 -4 -8. Damages; greens, fairways; restitution; suspension. It shall be unlawful for a player to damage the greens or to unnecessarily damage the fairways of the golf courses in the course of play thereon, and any person so offending shall, in addition to the penalties provided [herein] in this Code be suspended from further play thereon until he or she has made full restitution to the City for such damage. Sec. 10 -4 -9. Course; restitution; suspension. It shall be unlawful for any player or other person to damage or injure the golf courses by driving an automobile thereon, or in any other manner whatsoever, and any person so offending shall, in addition to the other penalties provided [herein] in this Code be required to make full restitution to the City for the amount of such damage, and further such offender shall be suspended from further play thereon until such restitution has been made. Sec. 10 -4 -10. Practice driving range; authorized balls; recovery; disposition of unauthorized practice balls. (a) It shall be unlawful for any person, except the golf pro and authorized golf course personnel to drive, strike or in any manner propel or hit any practice golf ball upon that portion of the golf course set aside as a practice driving range without first having paid a fee for such purpose. (b) It shall be unlawful for any person, except the golf pro and authorized golf course personnel, to go upon that portion of the golf course set aside as a practice driving range for the purpose of recovering practice balls. (c) Authorized golf balls shall be furnished by the golf pro in sufficient quantity for use only upon the practice driving range. Such balls shall be clearly marked with an easily distinguishable mark or emblem identifying such ball as an authorized golf ball to be used only upon the practice driving range. It shall be unlawful for any person to play golf upon the golf courses using any ball marked and identified as an authorized practice golf ball. In SECTION 2 The name of the City Park Golf Course is hereby changed to Elmwood Golf Course and the name of the Walking Stick Municipal Golf Course is changed to Walking Stick Golf Course. SECTION 3 If any provision of this Ordinance or Chapter 4 of Title X of the Pueblo Municipal Code should be held invalid, the invalidity of such provision shall not affect any of the other provisions of this Ordinance or Chapter 4 of Title X of the Pueblo Municipal Code. SECTION 4 It shall be unlawful and a municipal offense for any person to violate any provision of this Ordinance or Chapter 4 of Title X of the Pueblo Municipal Code. SECTION 5 This Ordinance shall become effective upon final passage. INTRODUCED: February 25, 2002 By: Al CurulP C NCILPERSON APPROVED: PRESIDENT OF THE CITY COUNCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED: March 25, 2002 -5-