Attachment 1-1
Eff.: ORDINANCE NO.________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING ARTICLE 410 UNLAWFUL TO BE IN
PARKS WHEN CLOSED IN CHAPTER 3 MORALS AND
CONDUCT, TITLE 5 POLICE AND PUBLIC SAFETY OF THE
BURBANK MUNICIPAL CODE
City Attorney’s Synopsis
This amendment shall clarify the hours in which it is unlawful for any person to remain in any public park, playground, or other recreational facility and create consistency in enforcement of this section.
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. Burbank Municipal Code Section 5-3-410 establishes certain hours in which it is unlawful for any person to remain in or enter a park facility (including playgrounds, parks, and recreation centers) between the hours of ten o’clock (10:00) P.M. and sunrise.
In addition, this section further provides that in Bel Aire Ballfield, Palm Ballfield, Maple Street Playground, Miller Park, Santa Anita Playlot, Stough Park or Wildwood Canyon Park persons are prohibited from entering or remaining in the facility from thirty (30) minutes after official sunset to sunrise.
B. These two separate time frames have caused uncertainty for the public and has resulted in inconsistent enforcement of this section.
C. The proposed amended language would create clear guidelines on prohibited park hours across all park facilities within the City of Burbank and allow for consistent enforcement of this section.
D. This activity involves administrative amendments of the Burbank Municipal Code (BMC) and has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1. The City Council of the City of Burbank hereby finds that the above findings are true and correct and are hereby incorporated by reference.
2. Title 5, Chapter 3, Article 410, of the Burbank Municipal Code is hereby amended to read as follows:
ATTACHMENT 1
Attachment 1-2
“5-3-410: UNLAWFUL TO BE IN PARKS WHEN CLOSED
A. Except to allow for the completion of any authorized recreational or permitted activity, it shall be unlawful to enter or remain in any public park, playground or other recreational facility between the hours of ten o’clock (10:00) P.M and six o’clock (6:00) A.M.
B. The foregoing restriction shall not apply to emergency vehicles, governmental agencies or to officers or employees of the City or any other public agency which is required or finds it necessary to enter or remain in any public park, playground or other recreational facility in the performance of its duties and during such times as entry or occupancy is permitted in writing by the Parks and Recreation Director.
C. If any subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The Burbank City Council declares that it would have adopted this Chapter, each and every section, and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.”
3. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
PASSED AND ADOPTED this ____ day of June 2025.
__________________________
Nikki Perez
Mayor
Approved as to Form:
Attest Office of the City Attorney
________________________ By: _______________________ Kimberley Clark, City Clerk Ray Johal
Senior Assistant City Attorney
Attachment 1-3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. __________ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2025, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California on the ____ day of ___________, 2025.
______________________________
Kimberley Clark, City Clerk