Chapter 5.32
GOLF COURSES
Sections:
5.32.010 Golf course defined.
5.32.020 License--Required.
5.32.030 License--Application requirements.
5.32.040 License--Fees--Nontransferability.
5.32.050 Golf course regulations.
5.32.060 License--Statement of consideration and revocability.
5.32.070 License--Revocation for violation.
5.32.080 License revocation--Order to show cause.
5.32.090 License revocation--Refund of fee.
5.32.100 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
5.32.010 - Golf course defined
"Golf course," whenever used in this chapter, shall be held and construed to mean and include all places where facilities for playing or practicing golf are maintained for profit, either on miniature golf courses, putting courses, driving fairways, or otherwise, and to which the public is admitted by invitation, or by payment of a fee.
(Ord. 2173 §2, 1930).
5.32.020 - License –Required
It is unlawful for any person, firm or corporation to conduct or engage in the business of conducting a golf course in the city without first obtaining a license to do so as provided for in this chapter.
(Ord. 2173 §1, 1930).
5.32.030 - License –Application requirements
Any person desiring to procure a golf course license shall make application in writing therefor to the city commission and file the same with the city clerk-treasurer upon a form to be furnished by the department of public safety therefor. In a residence district the application must be accompanied by a consent to the establishment of such course signed by at least seventy-five percent of the residents within three hundred feet of any portion of the grounds. Any golf course now existing or operating in the city shall, within ten days after the passage of the ordinance codified in this chapter, apply for a license under this chapter.
(Ord. 2173 §3, 1930).
5.32.040 - License –Fees –Nontransferability
The license fee for an open, uncovered golf course is fixed in the sum of fifty dollars for a period of one year from date of issue, or twenty-five dollars for one-half year or less. The license fee for a golf course conducted in a building in the business district of the city, or under a cover or canvas in a residential district, is fixed at seventy-five dollars for a period of one year, or forty dollars for a one-half-year period, where the charge for entrance, or charge for playing the first eighteen holes is twenty-five cents or less; and one hundred dollars for a period of one year, or fifty dollars for a one-half-year period, where the charge is more than twenty-five cents for entrance or for playing the first eighteen holes, or where entrance fee and first eighteen holes combined amount to more than twenty-five cents. Such license shall not be transferable, and shall not authorize the person to whom it is issued to conduct a golf course in any location other than that specified therein.
(Ord. 2173 §4, 1930).
5.32.050 - Golf course regulations
Every golf course shall be constructed, operated and maintained in conformity and compliance with the following rules and regulations:
A. Every golf course shall be provided with proper receptacles for any and all refuse, and shall be maintained in a sanitary manner subject to the approval of the department of public safety. Police may enter such courses at any time for observation purposes.
B. All golf courses shall be maintained and operated so as not to interfere with traffic on any of the city streets or sidewalks.
(Ord. 4224 §3, 1980; Ord. 2173 §6, 1930).
5.32.060 - License –Statement of consideration and revocability
Every license issued under the provisions of this chapter shall state, in substance, such license is issued in consideration of the fees paid therefor and the right of the city commission to revoke such license pursuant to the provisions of this chapter.
(Ord. 2173 §7, 1930).
5.32.070 - License –Revocation for violation
Any license issued pursuant to this chapter may be revoked by resolution of the city commission whenever it finds that the licensee or any agent, servant, or employee of such licensee has violated the provisions of this chapter or permitted the same to be violated.
(Ord. 2173 §6, 1930).
5.32.080 - License revocation –Order to show cause
The city commission may, upon complaint having been made to it, notify the holder of such license to appear before the commission and show cause why such license should not be revoked because of the violation of the terms thereof, or the violation of the ordinances of the city. Such notice shall be served personally upon the holder of such license in the manner provided for the service of summons at least five days before such hearing, after which hearing the city commission may, in its discretion, upon finding that proper cause has been given therefor, revoke such license.
(Ord. 2173 §8, 1930).
5.32.090 - License revocation –Refund of fee
Upon the revocation of any license the unearned portion of the license fee shall be returned to the licensee.
(Ord. 2173 §9, 1930).
5.32.100 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6081 §8, 2001; Ord. 2173 §11, 1930).