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2018-06-26 - ORDINANCES - AMENDING TITLE 14 OF THE SANTA CLARITA MUNICODE CO (2)
ORDINANCE NO. 18-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING TITLE 14 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING PARKS AND OTHER PUBLIC PLACES THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 . The ordinance amends Title 14 regarding "Parks and Other Public Places." The City of Santa Clarita (City) owns, leases, operates, and/or supervises a number of parks, indoor and outdoor recreational facilities, open spaces, and other public places, such as the Old Town Newhall parking structure, community centers, and libraries. The City is empowered to enact rules to ensure that members of the public use City parks, facilities, open spaces, and other public places in a manner that is consistent with the purposes of these places and that promotes the public's common benefit. The proposed amendments to Title 14 will promote and encourage a safe, family friendly atmosphere at City parks, facilities, open spaces, and other public places, and are intended to ensure that the public can use and enjoy such places for their intended purposes. SECTION 2. Title 14 of the Santa Clarita Municipal Code, entitled "Parks and Other Public Places," is hereby amended to read in its entirety as shown in Exhibit A, which is attached hereto and incorporated herein by this reference. SECTION 3. If any section, subsection, sentence, clause, phrase, part, or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. SECTION 4. This ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Page 1 of 25 PASSED. APPRO VED, AND ADOPTED this 26th day of June 2018. MAYOR ATTEST: i /e-k . CITY CLERK DATE: 7/)2-4 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 18-08 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of June 2018. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 26th day of June 2018, by the following vote, to wit: AYES: COUNCILMEMBERS: Smyth, Miranda, Kellar, McLean, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 18-08 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). / , t CITY CLERK Page 2 of 25 EXHIBIT A OF ORDINANCE NO. 18-08 TITLE 14 PARKS AND OTHER PUBLIC PLACES Chapters: 14.02 Definitions 14.04 General Provisions 14.06 Park and Public Place Rules and Regulations 14.08 Riding and Hiking Trails 14.10 Open Space Areas 14.12 Municipal Aquatic Facilities 14.14 Use of City Skate Park Chapter 14.02 DEFINITIONS Sections: 14.02.010 Definitions. 14.02.010 Definitions. SHARE As used in this Title 14 (Title), the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended. "Alcoholic beverages" means alcohol, spirits, liquor, wine, beer, and every liquid containing one-half (1/2) of one (1) percent (0.5%) or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with all other substances. "Camp" or "camping" means the use of parks or public places for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding or other camp paraphernalia for the purpose of sleeping), or storing personal belongings, or making any fire, or using any Page 3 of 25 tents or shelter or other structure or vehicle for sleeping, or doing any digging or earth breaking, or carrying on cooking activities. These activities constitute camping when it reasonably appears, in light of all the circumstances that a person, in conducting these activities, is in fact using the area as a living accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged. "Camp paraphernalia" includes, but is not limited to, tents, huts, pillows, blankets, sheets, tarps, cots, beds, sleeping bags, hammocks, cardboard boxes, personal cooking facilities, or other similar equipment or materials that are used to create temporary shelters and accommodations. "City Manager" means the City Manager or designee. "Commercial use or enterprise" shall mean any use of a park, public place, or facility amenity for, or in connection with, any money making venture, whether or not such venture is profitable, including the selling, offering for sale, or peddling of any goods, wares, merchandise, services, liquids, or edibles for human or animal consumption, and/or sales activities that utilize park property or facilities to complete the terms of sale or provide a service as a result of the sale, or that affect park operations, facility use, or visitor safety, such as fitness clubs, exercise groups, sports camps, and individual sports lessons; provided, however, that fund- raising activities conducted by a nonprofit organization, recognized as such by the state of California, shall not be deemed to be commercial use. "Dog park" shall mean an enclosed area officially identified by signage and designated by the City where dogs are permitted to be off leash. "Dwelling" or "living quarters" means any vehicle or temporary shelter used as a person's place of residence or occupancy in place of a traditional building structure. "Enforcement Officer" means any sworn peace officer, City Code Enforcement Officer, or City employee or agent with the authority to enforce any provision of this code. "Facility amenities" include, but are not limited to, playground and exercise equipment, park or public place benches, picnic tables, public art, public buildings, swimming pools, walls, fences, gates, trees, monuments, signs, buildings, roofs, playing surfaces, railings, backstops, parking lots, trails, or tables in a park or public place, or upon any park property. "Hazardous material" means any material that is a risk to public health and safety or the environment, and includes, but is not limited to, the following items: Page 4 of 25 1 . Animal and vegetable products resulting from the handling, preparation, cooking, and serving of foods; 2. Human and animal biological waste, including fecal waste and urine; 3. Dead animals; 4. Hypodermic needles; and 5. Motor oil, gasoline, or other petroleum products. "Motor vehicles" means any multi-wheeled, treaded, or sled-type vehicle that is propelled by a motor engine, including any vehicle commonly known as a "motorized recreation vehicle." "Narcotics and dangerous drugs" means those narcotics and drugs listed or defined in the Health and Safety Code of the State of California as now or hereafter amended. "Obstruct pedestrian or vehicular traffic" means to walk, stand, place an object, sit, or lie in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. "Open space area" means an improved, unimproved or natural land, owned, used, or maintained by the City, where development activity is limited in an effort to preserve natural areas and protect sensitive habitat, and not designated an active park by the City. "Open space area" also includes the Santa Clara River. "Park(s)" means and includes every park, park water, plaza, skate park, golf course, riding and hiking trail, open space area, swimming pool, court, field, greenbelt, greenway, facility amenity, or other recreational facility, together with any accompanying parking lot or staging area, to which the public has a right of access and use for park or recreation purposes, and which is owned, managed, or controlled by the City and under the jurisdiction of the City Manager. "Park or public place waters" means any stream, river, brook, pond, lake, or fountain located within any park, public place, or open space area. "Personal effects" means personal property consisting of the following items: 1 . Medication, eye glasses, or other medical devices; 2. Sleeping bag or bed roll which is sanitary and non-verminous or unsoiled; Page 5 of 25 3. Tents in usable and reasonably good condition; and 4. Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous. "Public place(s)" means any public property, improved or unimproved, including but not limited to parks, outdoor recreation areas, public buildings, libraries, and facilities owned or leased by the City, public parking lots, garages or structures owned or leased by the City, private parking lots open to the general public, publicly owned drainage culverts and basins, and publicly maintained landscaped areas. "Public place(s)" also includes any public right-of-way, or area of public property and private property open to the public, and includes, but is not limited to, public streets, highways, sidewalks, bridges, alleyways, driveways, trails, paseos, pathways, walkways, benches, staircases, or passageways that are open to vehicular, bicycle, or pedestrian traffic, and other outdoor places or areas generally accessible to the public. "Riding or hiking trails" shall mean any path, trail, firebreak road:or fire protection road located within a park, public place, or open space area, and designated by the City Manager for public use. (Ord. 90-12, 5/29/90; Ord. 05-1 § 2, 1/25/05; Ord. 13-6 § 7 (Exh. F), 5/28/13) "Store" or "storage" means to put aside or accumulate for later use or safekeeping, to place or leave in a location. Chapter 14.04 GENERAL PROVISIONS Sections: 14.04.010 Title for Citation. 14.04.020 Delegation of Powers. 14.04.030 Parks, Public Places, and Facilities Under Control Designated—Enforcement Authority. 14.04.040 Signs—Placement and Maintenance Authority—Obedience Required. 14.04.050 Compliance with Chapter Provisions—Ejection of Violators Authorized When. 14.04.060 Enforcement Authority. 14.04.070 Liability Limitations. 14.04.080 Rules, Policies, and Revocation of Privileges. 14.04.090 Permits. 14.04.100 Violation/Penalty. Page 6 of 25 D sh 14.04.010 Title for Citation. ARE__ The ordinance codified in this Title shall be known as, and may be cited as, the "Parks and Other Public Places Ordinance." (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.04.020 Delegation of Powers.. sHARE Whenever a power is granted to or a duty is posed upon the City Manager or other public officer, the power may be exercised or the duty performed by a deputy of the public officer or other person so authorized, pursuant to law, by the City Manager, except as otherwise provided by this Title. (Ord. 90-12, 5/29/90; Ord. 13- 6 § 7 (Exh. F), 5/28/13) 14.04.030 Parks, Public Places, and Facilities Under Control Designated—Enforcement Authority. P` SHARE _ J The City Manager is vested with authority over and control of all parks, public places, and facility amenities, including those owned, leased, controlled, constructed, or maintained by a lessee or private fee owner, for the purpose of causing corrected any condition which violates, or which would tend to cause or contribute to any violation of, the purpose and provisions of this Title. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.04.040 Signs—Placement and Maintenance Authority—Obedience Required. C SHARE The City Manager may place and maintain, or cause to be placed and maintained, either on land or water, such signs, notices, signals, buoys, or control devices necessary to carry out the provisions of this Title, or to insure public and orderly and efficient use of any park or public place. A person shall comply with any sign, notice, signal, control device, or buoy placed or erected, pursuant to this section. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.04.050 Compliance with Chapter Provisions—Ejection of Violators Authorized When. SHARE Permission to be within the limits of any park or public place, as defined by this Title, or to use any facility amenities is conditioned on compliance with all applicable provisions of this Title and the Municipal Code, and applicable rules, policies, and regulations adopted by the City Manager governing the use of parks or public places. A violation of any provision of this Title or any order, rule, or regulation authorized by this Title, or any other applicable law, ordinance, rule, or regulation, shall result in the person so violating forfeiting such participation privileges, and/or being a trespasser, and an Enforcement Officer or the City Manager may eject any such person from a park or public place. However, a violation of this Title shall not result in any person Page 7 of 25 being denied access to City Hall to conduct City business or attend public meetings. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.04.060 Enforcement Authority. SHARE Except as specifically provided in this Title, the City Manager or Enforcement Officer shall enforce the provisions of this Title. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.04.070 Liability Limitations.P___S"ARE. A person exercising any of the privileges authorized by this Title does so at his or her own risk without liability on the City or its officers, employees, and agents, for death or injury to persons or damage to property resulting therefrom. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) • 14.04.080 Rules, Policies, and Revocation of Privileges. P SHARE The City Manager may establish reasonable rules, policies, or regulations governing the use and enjoyment of any park or public place in order to maximize the use and enjoyment of the park or public place by the public in addition to those contained in this Title, and no person shall disobey or violate the same. Rules, policies, or regulations established by the City Manager shall be posted in conspicuous location(s) within parks, public places, and facility amenities for the public's information. Any person who violates a rule established by this Title or a park or public place rule, policy, or regulation established by the City Manager is subject to immediate ejection from the park or public place by the City Manager or Enforcement Officer. In addition to ejection, any person who violates a rule established by this Title or a park or public place rule, policy, or regulation established by the City Manager may be suspended from all park or public place use. For violations of any rule established by this Title, the penalty of expulsion shall be in addition to, and not in lieu of, any other legal remedy established for violations of the Municipal Code. For violations of a park or public place rule, policy, or regulation established by the City Manager that are not set forth expressly in this Title, ejection and/or suspension shall be the sole remedy. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.04.090 Permits.s©_ A. All applications for permits required by the provisions of this Title shall be made to the City Manager on such forms provided, and shall contain such information as the City Manager shall deem appropriate. Applications shall be accompanied by such fees as may be established, provided that no fee shall be charged where the event involves an exercise of free speech rights. B. Permits issued under the provisions of this chapter are subject to such reasonable conditions as the issuing body may deem necessary in order to ensure that the proposed use will be compatible with the general uses of the park or public place. Such conditions may include, but shall not be limited to, the following: Page 8 of 25 1 . Limitations upon the times during which the proposed use will be permitted; 2. Limitations upon the locations at which the use will be permitted; 3. Limitations upon the number of people that will be permitted to participate in a use at a given location; 4. Limitations upon the type of equipment allowed and the manner in which it is utilized; 5. Requirement that the applicant furnishes private patrol or security where the nature of the use will impose undue burdens on the police services of the City; 6. Requirement that the applicant provide temporary sanitary facilities, trash containers, etc.; and 7. Require that the applicant post fees, deposits, or other security to cover extraordinary costs which may be incurred by the City as a result of the proposed use. C. No conditions imposed hereunder shall unreasonably interfere with the rights of individuals to express themselves or assemble; provided, however, that such activities shall be subject to such reasonable regulations so as to ensure the rights of the people to use their public parks or public places shall not be unreasonably impaired. All permittees shall comply with all park or public place rules and regulations, unless otherwise specifically exempted therefrom. Every person must immediately vacate that portion of any park or public place that has been reserved for use by another person and/or entity upon being presented with a permit obtained, pursuant to this Title. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.04.100 Violation/Penalty. ©_„ SHARE Any person who violates any provision of this Title shall be prosecuted civilly or criminally, pursuant to Title 23, as either an infraction, misdemeanor, civil nuisance, or administrative citation, and will be subject to the applicable penalties under Chapter 23.10 of the Santa Clarita Municipal Code, in addition to any other applicable penalties or remedies prescribed by law. (Ord. 13-6 § 7 (Exh. F), 5/28/13) Page 9 of 25 Chapter 14.06 PARK AND PUBLIC PLACE RULES AND REGULATIONS Sections: 14.06.010 Applicability of Regulations. 14.06.020 Hours of Operation. 14.06.030 Park and Public Place Property and Vegetation—Damaging or Removing Prohibited. 14.06.060 Motor Vehicle Restrictions—Parking. 14.06.070 Speed of Motor Vehicles. 14.06.080 Camping and Storage of Personal Property Prohibited. 14.06.081 Exceptions to Camping and Storage of Personal Property Prohibited. 14.06.082 Property Removal. 14.06.084 Personal Effects. 14.06.086 Disposition of Property. 14.06.088 Sitting or Lying in Parks and Public Places Prohibited. 14.06.089 Exceptions to Sitting or Lying in Parks and Public Places Prohibited. 14.06.090 Animals—Prohibited When. 14.06.100 Dogs and Cats Permitted When. 14.06.105 Removal of Animal Waste. 14.06.110 Horses and Similar Animals Permitted When. 14.06.130 Disturbances Prohibited. 14.06.140 Alcoholic Beverages and Narcotics or Dangerous Drugs. 14.06.150 Public Intoxication Prohibited. 14.06.160 Soliciting for or Selling Merchandise and Services—Restrictions. 14.06.180 Nudity and Disrobing Prohibited. 14.06.190 Washing Dishes or Polluting Water. 14.06.195 Rubbish Disposal. 14.06.200 Concessions and Other Public Place Facilities—Sanitation Requirements. 14.06.210 Prohibited Uses and Activities. 14.06.220 Special Amusement Equipment. 14.06.230 Emergency or Temporary Closure of Parks, Public Places, Trails, and Recreational Areas. 14.06.240 Smoking Prohibited. 14.06.260 Ability to Regulate Park and Public Place Areas. Page 10 of 25 14.06.010 Applicability of Regulations. lj SHARE The following rules and regulations apply to all parks and public places in the City, except as otherwise expressly stated. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.020 Hours of Operation. al ) A person shall not enter, be, or remain in any park, public place, or in any building in any park or public place between the hours of 10:00 p.m. and sunrise on the following day, or when posted closed or within specific hours, except as authorized by a written permit issued by the City Manager. The City Manager may change the hours of use as stated above for any event or individual park or public place. All persons shall comply with such changed hours. A person shall not park, or cause to be parked, any motor vehicle in any park, public place, or parking facility for such park or public place between the hours of 10:00 p.m. and sunrise on the following day, or when posted closed, or within specific hours, or no parking. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.030 Park and Public Place Property and Vegetation—Damaging or Removing Prohibited. CD It shall be punishable as a misdemeanor for any person, other than a duly authorized staff in the performance of their duties, to: A. Dig, remove, destroy, injure, mutilate or cut any tree, plant, vegetation, shrub, grass, fruit, or flower, or any portion thereof, growing in the park or public place; B. Remove, destroy, disturb, or deface any wood, turf, grass, soil, rock, sand, or gravel from any park or public place; C. Cut, break, injure, deface, or disturb any facility amenity in a park or public place or any portion thereof, or mark or place thereon, or on any portion thereof, any mark, writing, or printing, or attach thereto any sign, card, display, or other similar device; D. Hunt, harm, molest, kill, or harass any animals or wildlife found on any property, including nests, burrows, dens, perches, and all features of native habitat and the inhabitants thereof. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.060 Motor Vehicle Restrictions—Parking. C SHARE 1 A person shall not bring to or operate in any park, public place, or open space area any motor vehicle, except at such times and at such places as permitted by the City Manager in written regulations or permits issued, and Page 11 of 25 any such operation of a motor vehicle shall be in accordance with the conditions contained in such regulation or permit. A person shall not park any motor vehicle in any park or public place except in areas designated by the City Manager for parking, with the exception of authorized emergency vehicles and service vehicles of the City. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.070 Speed of Motor Vehicles. a SHARE The speed limit for all vehicles on vehicular ways within a park or public place shall be fifteen (15) miles per hour, unless otherwise posted and no vehicle shall exceed the speed limit. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.080 Camping and Storage of Personal Property Prohibited. P_...SHARE A. A person shall not camp in any park or public place. B. A person shall not store unattended personal property, including camp paraphernalia, in any park or public place. C. A person shall not use any car, trailer, camper, recreational vehicle, or mobile-home as a dwelling or as living quarters to camp in any park or public place. D. A person shall not camp or store unattended personal property, including camp paraphernalia, on any privately-owned property to the extent that such camping or storage was not authorized in advance by the property owner, or despite advance authorization, is otherwise deemed a public nuisance. E. No person will be cited under this section unless the person engages in conduct prohibited by this section after having been notified by the City Manager or Enforcement Officer that the conduct violates this section. 14.06.081 Exceptions to Camping and Storage of Personal Property Prohibited. A. Nothing in Section 14.06.080 may be construed to prohibit camping or the storage of unattended personal property pursuant to a valid permit. The City Manager may issue a permit to camp overnight at a designated location in a park, public place, or open space area if the City Manager finds: 1 . The group was organized in good faith and not for the purpose of obtaining a permit under this section, and the members of such group will include and be supervised by at least one (1) responsible adult during such camping, and such overnight camping will not interfere with or in any way be detrimental to the park or public place or interfere with the uses thereof; and 2. That the group has agreed to the conditions contained in the permit. Page 12 of 25 B. Upon the granting of such permit, the members of such group may camp at the time, location, and under the conditions specified in the permit. 14.06.082 Property Removal. ,0 SHARE A. The City Manager or Enforcement Officer may remove personal property unlawfully stored or found in a park or public place as follows: 1 . The location of any personal property, including camping paraphernalia, will be tagged and dated with a notice including the following: "It is illegal to store personal property in parks or public places. If this personal property is not removed by (specify date at least twenty-four (24) hours from posting), this personal property will be deemed intentionally abandoned, and subject to removal and possible destruction." 2. The City Manager or Enforcement Officer may remove any personal property still unlawfully stored or remaining in the park or public place after the posting period has expired. B. If the unlawful camping or storage of personal property in a park or public place presents an immediate threat to the public health or safety, an Enforcement Officer may immediately remove or dispose the personal property without prior notice. . 14.06.084 Personal Effects. a SNARE A. At the time of removal of any unlawfully stored or remaining personal effects, the City Manager or Enforcement Officer must conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location, giving the following information: 1 . Personal effects have been removed; 2. A telephone number and address for information on retrieving personal effects; 3. The hours of operation where personal effects may be collected; and 4. The period of time during which the personal effects may be claimed. B. Following removal of unlawfully stored or remaining personal effects, the City Manager or Enforcement Officer must: • Page 13 of 2 1 . Maintain an inventory identifying the personal effects, and where the personal effects were approximately located; 2. Place the removed personal effects in containers or bags labeled in a manner facilitating identification by the City Manager or Enforcement Officer and the owner, and which reasonably protects such property from damage or theft; and 3. Store the removed personal effects in a location designated by the City for a period of ninety (90) days. W. C. If personal effects are claimed within ninety (90) days from removal, unless the property is connected to a crime or is illegal to possess, the City will release the stored property to the owner upon the following: 1 . The person claiming ownership clearly identifies and describes the property and the approximate location where the property was left by the owner. 2. The person claiming ownership completes and signs a release of property form. 14.06.086 Disposition of Property. . HARE A. Unlawfully stored or found personal effects removed from a park or public place and remaining unclaimed at the end of ninety (90) days from removal may be disposed of by the City. B. All other unlawfully stored or found personal property removed from a park or public place, pursuant to this chapter, is deemed intentionally abandoned and may be summarily abated and destroyed by the City. C. All hazardous material stored in a park or public place may be immediately removed or disposed of by the City. 14.06.088 Sitting or Lying in Parks and Public Places Prohibited. A. No person may sit or lie down upon a public sidewalk, street, maintained landscape area, curb, staircase, biking or walking path, or in doorways and entrances to buildings, or upon a blanket, sleeping bag, cardboard box, chair, stool, or any other object placed upon a public sidewalk, street, maintained landscaped area, curb, staircase, biking or walking path, or in doorways and entrances to buildings in any commercial zone. B. No person may sit or lie down upon a public bench or other seating facility that is intended for use by multiple individuals at the same time, in a way that prevents such accommodation of the public bench by multiple users at the same time. Page 14 of 25 C. No person may intentionally sit or lie down and obstruct pedestrian or vehicular traffic in a park or public place. D. No person will be cited under this section unless the person engages in conduct prohibited by this section, after having been notified by the City Manager or Enforcement Officer that the conduct violates this section. 14.06.089 Exceptions to Sitting or Lying in Parks and Public Places Prohibited. The prohibitions in Section 14.06.088 will not apply in the following cases and to the following persons: A. Persons who involuntarily or unavoidably sit or lie down in a park or public place due to circumstances beyond the person's control, including, but not limited to, a medical emergency. B. Persons who, as a result of a disability, utilize a wheelchair, walker, or similar device to move about the public sidewalk or other public walkways and paths. C. Persons operating or patronizing a commercial establishment conducted on the public sidewalk, pursuant to an applicable valid City permit or approval; or persons participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted in a park or public place. D. Any conduct in parks or public places that are privately owned where such conduct is in conformity with permission granted by the owner or person in possession and control of such premises. E. Any conduct that is in conformity with the terms of any permit or other approval granted, pursuant to this code or City policy. F. Any conduct that constitutes lawful activity protected under the laws of the State of California or by the United States Constitution, including, but not limited to, peaceful protesting, picketing, demonstrating, signature gathering, voter registration, or leafleting. 14.06.090 Animals—Prohibited When. a _.SHARE___. A person shall not bring into any park or public place any cattle, horse, mule, goat, sheep, swine, dog, cat, or other animal of any kind, except as hereafter specifically provided or as otherwise permitted by the City Manager. Animals are not permitted in any indoor park, public place, facility amenity, swimming pool, or/and skate park. This section does not apply to guide dogs for blind or disabled persons. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) Page 15 of 25 14.06.100 Dogs and Cats Permitted When. L HHF E A. A person may only bring and maintain in any park or public place a dog or cat if such dog or cat is kept on 111 a leash or chain with a length not to exceed six (6) feet and is under full control of its owner or custodian, or upon written permission of the City Manager when required for authorized park or public place programs. B. Dogs may be off leash only in special areas of parks or public places designated and posted by the City Manager as a dog park or as dog exercise and training areas, so long as the regulations of the City Manager with respect to the use of such areas are followed. 1 . Implied Consent. The presence of a dog in a designated dog park or dog exercise and training area shall constitute implied consent of the person either owning or controlling the dog to the regulations imposed by the City Manager. 2. Liability and Indemnification. The presence of a dog in a designated dog park or dog exercise and training area shall constitute a waiver of liability, on behalf of the person either owning or controlling the dog, to the City of Santa Clarita, as well as an agreement and undertaking to protect. indemnify, defend, and hold harmless the City of Santa Clarita for any injury or damage caused by the dog. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.105 Removal of Animal Waste. a.. SHARE A. Any person having the care, custody, possession, or control of a dog/cat in a park or public place must have in his/her possession the equipment necessary to remove his/her dog/cat's fecal matter. B. A person's failure to remove the fecal matter deposited by his/her dog/cat in any park or public place before the person in possession of the animal leaves the immediate area where the fecal matter has been deposited is a violation of this section and is punishable as a misdemeanor. (Ord. 13-6 § 7 (Exh. F). 5/28/13) 14.06.110 Horses and Similar Animals Permitted When. sHaRE A person may ride a horse, mule, donkey, or other similar animal only on designated trails or in designated equestrian areas, subject to all rules and regulations governing their use, in other park or public place areas upon written permission of the City Manager, subject to the regulations of such use permit. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.130 Disturbances Prohibited. C 91-19RE A. Except as authorized by the City Manager for specific events and times, or except as necessary for the preservation of public peace or safety, it is unlawful to use any public address system, loudspeaker. or other Page 16 of 25 sound-amplifying device in any park, public place, or open space area. It is unlawful to exceed noise levels prescribed by Section 11 .44.040. B. It shall be a misdemeanor for any person to disturb the peace and quiet of any park or public place by: 1 . Any unduly loud or unusual noise; 2. Tooting, blowing, or sounding any siren, horn, signal, or noise-making device; 3. Any obscene, violent, or riotous conduct; or 4. The use of any vulgar, profane, or indecent language therein. (Ord. 90-12, 5/29/90; Ord. 13- 6 § 7 (Exh. F), 5/28/13) 14.06.140 Alcoholic Beverages and Narcotics or Dangerous Drugs. SHARE A person shall not enter, be, or remain in any park or public place while in possession of, transporting, selling, giving away, or consuming any alcoholic beverage, except at a concession facility duly authorized by the City Council and properly licensed or in connection with a special event duly authorized by the City Manager for which the sponsoring organization is properly licensed by the State Department of Alcoholic Beverage Control. A person shall not enter, be, or remain in any park or public place while in possession of, transporting, arising, selling, giving away, or consuming any narcotics and dangerous drugs. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90; Ord. 05-1 § 2, 1/25/05; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.150 Public Intoxication Prohibited. SHARE A person shall not enter, remain, or be in any park or public place while he or she is under the influence of any alcoholic beverage or narcotic and dangerous drug. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.160 Soliciting for or Selling Merchandise and Services—Restrictions. SHARE No park, public place, or open space area may be used for any commercial use or enterprise in any form unless the City is directly involved as a co-sponsor of an event or project, or the City Manager has authorized such commercial enterprise in writing with a permit. Operation of a commercial use or enterprise in a park or public place without express written authorization from the City Manager is a violation of this code. This prohibition also includes sales activities which encroach on the sales rights of a vendor authorized to sell such products or services pursuant to a concession contract with the City. (Ord. 90-12, 5/29/90; Ord. 05-1 § 2, 1/25/05; Ord. 13-6 § 7 (Exh. F), 5/28/13) Page 17 of 25 14.06.180 Nudity and Disrobing Prohibited. a_ SHARE A. No person shall appear, bathe, sunbathe, walk, change clothes, disrobe, or be in any park or public place in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view. Violation of this section is punishable as a misdemeanor. B. This section shall not apply to persons under the age of five (5) years, provided such children are sufficiently clothed to conform to accepted community standards. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.190 Washing Dishes or Polluting Water.'0 _HARE A. A person shall not place in any park or public place waters any edible matter, dish, or utensil, or wash or cleanse in any park or public place waters any such edible matter, dish, or utensil, or commit any nuisance in or near such waters, or pollute any park or public place waters, or bathe, swim, or wade in park or public place waters, except at places and times designated by the City Manager. B. A person shall not swim, bathe, wade in, or pollute any park or public place waters, except that wading and swimming shall be permitted in pools or other bodies of water expressly designated for these purposes by the City Manager. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.195 Rubbish Disposal. C SHARE A. A person shall not throw, place, or dispose of any garbage, refuse, waste paper, bottles, or cans in any place in a park or public place other than into a garbage can or other receptacle maintained therein for that purpose. No garbage, refuse, waste paper, bottles, or cans shall be brought into a park or public place for the purpose of disposing in any such receptacle. B. Where receptacles are not provided, all refuse or trash shall be carried away from the park, public place, or recreation area by the person responsible for its presence, and properly disposed of elsewhere. C. A person shall not scavenge through any garbage can or other solid waste receptacle, or remove any item, including recyclables, from any garbage can or solid waste receptacle, unless authorized by the City Manager. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) Page 18 of 25 14.06.200 Concessions and Other Public Place Facilities—Sanitation Requirements. The lessee, agent, manager, or person in charge of a facility or water area under lease or concession from the City, or owned in fee in any City park or public place, shall at all times maintain the premises in a clean, sanitary condition, free from malodorous materials and accumulations of garbage, refuse, debris, and other waste materials. Should the City Manager find that any public place, facility, or water area under concession or lease is not so maintained, the City Manager shall in writing notify said concessionaire, lessee, agent, manager, or other person in charge of said public place, facility, or area to immediately commence and diligently prosecute to completion the necessary correction of the sanitary condition to the satisfaction of the City Manager. Failure to do so with reasonable dispatch shall be cause for the City Manager to cause the condition to be corrected as necessary, and the costs of such correction to be charged to the lessee, concessionaire, agent, manager, or person in charge. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.210 Prohibited Uses and Activities. d_ SHARE A. Fire and Personal Portable Barbecues. A person shall not light or maintain any fire, firework, or explosive in any park or public place, except in areas designated by the City Manager for such use. B. Harmful Objects. A person shall not place, throw, leave, keep, or maintain any object in such a manner or in such a place that any person or animal may be injured or any structure or vehicle may be damaged in any park or public place, except in areas designated by the City Manager for such use. C. Hazardous Games. No person shall operate a motorized or self-propelled model vehicle or participate in activities of a hazardous nature such as, but not limited to, propelling or launching a rocket, missile, or projectile of any type, or participating in the game of archery or hardball in any area, except as designated by the City Manager. D. Firearms and Other Weapons. A person shall not bring, discharge, or shoot any firearm or ammunition, explosive or incendiary device, firework, air gun, pellet gun, spring gun, slingshot, crossbow, bow and arrow (except as otherwise provided in this section), trapping device, knife, or weapon of any kind, including one that can be loaded with blank cartridges, in any park or public place, except in areas designated by the City Manager designated for such use. Violation of this provision is punishable as a misdemeanor. 111 E. Model Airplanes and Boats. No person shall operate in any park or public place any model airplane, boat, car, craft, or other similar device that is powered by an internal combustion engine, remote control, or other Page 19 of 25 similar or electrical power source, except in an area and at such times as designated for such use by the City Manager. F. Sleds, Skis, and Other Winter Sports Equipment. A person shall not hitch or pull by any vehicle upon, along, or across any road or driveway any toboggan, sled, skis, or any other type of winter sports equipment. G. Golf Prohibited. No person shall play the game of golf, in any of its forms or refinements, including the activity known as putting by the use of a golf club or clubs or similar instrument to strike a golf ball, in any park or public place, unless as part of an approved or permitted City recreation program. H. Roller Skating and Skateboards Prohibited. No person shall operate any roller skates, as that term is defined in Section 12.08.160, or skateboard, as that term is defined in Section 12.08.185, in any park or public place without proper protection equipment as defined in Section 12.54.030, except upon the approval of the City Manager. I. Stage Area Closure. It is unlawful to enter upon, cross, use, or remain upon an elevated stage area at a City park or public place without a permit from the City allowing such use or authorization from the City Manager. J. Climbing. It shall be unlawful for any person to climb any tree, or walk, stand, or sit upon monuments, signs, buildings, roofs, railings, fences and gates, backstops, or tables in a park or public place, or upon any park property not designated or customarily used for such purposes in a manner inconsistent with the intended use or design. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.220 Special Amusement Equipment. 0 SHARE The temporary construction and/or use of amusement play equipment, such as moon bounces or any inflatable devices, climbing walls, carousels, dunk tanks, ball crawls, pony rides, slip and slides, laser tag, etc., are prohibited, unless authorized by the City Manager. A person shall not use or place a bounce house/inflatable play structure/climbing wall in a park or public place without the City Manager's authorization and written verification of indemnification of the City, and insurance naming the City as an additional insured from the rental company providing the bounce house/inflatable play structure/climbing wall. Location of the bounce house/inflatable play structure/climbing wall is subject to the approval of the City. (Ord. 13-6 § 7 (Exh. F), 5/28/13) Page 20 of 25 14.06.230 Emergency or Temporary Closure of Parks, Public Places, Trails, and Recreational Areas.©SHARE In an emergency or when the City Manager determines that the public interest, public health, public morals, maintenance purposes, or public safety demands such action, any park, public place, grounds, trails, or recreation facility, or any part of portion thereof, may be closed to the public, and all persons may be excluded therefrom until such emergency or other reason upon which such determination of the City Manager is based has ceased, at which time the park, public place, grounds, trails, or recreation facility, or part or portion thereof so closed shall be reopened to the public by the City Manager. It is a misdemeanor for any person to enter and/or use any park, public place, or facility amenity that is closed under this section. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.240 Smoking Prohibited. a_ SHARE_ Smoking is prohibited in any park or public place in the City of Santa Clarita, as stated in Section 9.50.055. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.06.260 Ability to Regulate Park and Public Place Areas. G6H E No person using a park or public place shall have a picnic or lunch or loiter in a place that interferes with the use of active recreation or maintenance areas. The City Manager and Enforcement Officer shall have the authority to regulate the activities in such areas when necessary for safety, to prevent congestion, and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. Individual barbecues or tables and benches shall be used on a first-come, first-served basis, unless reserved by permit. (Ord. 13-6 § 7 (Exh. F), 5/28/13) Chapter 14.08 RIDING AND HIKING TRAILS Sections: 14.08.010 Operation of Motor Vehicles Prohibited Where. 14.08.020 Allowed Uses—Riding and Hiking Trails. 14.08.025 Allowed Uses—Paved Paths/Trails. 14.08.030 Right-of-Way. Page 21 of 25 14.08.010 Operation of Motor Vehicles Prohibited Where. SHARE Except in the case of City-owned vehicles or other authorized vehicles, a person shall not operate any motor vehicle on or over any firebreak or any fire protection roads which are posted against public use and provided with locked gates, or operate any motor vehicle on or over any riding or hiking trail, including a riding and hiking trail established under Article 6 of Chapter I of Division 5 of the Public Resources Code of the State of California, except as otherwise provided in Section 14.06.060. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.08.020 Allowed Uses—Riding and Hiking Trails. Q ` HARE Hiking, running, bicycle use, and horseback riding are allowed on riding and hiking trails at all times, unless specifically prohibited and posted otherwise. Trail users shall travel at safe speeds at all times. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.08.025 Allowed Uses—Paved Paths/Trails. a LHRRE _4 Bicycles, pedestrians, skates, skateboards, non-motorized scooters, and baby strollers are allowed on all paved trails at all times, unless specifically prohibited and posted otherwise. Trail users shall travel at a speed at which the trail user is safe and in control at all times, and does not pose any danger to other users. (Ord. 13- 6 § 7 (Exh. F), 5/28/13) 14.08.030 Right-of-Way. a SHARE In areas of mixed use (i.e., horses, bicycles and/or other wheeled traffic, and pedestrians), horseback riders (equestrians) shall have the right-of-way. If the area of mixed use includes bicycles or other wheeled traffic and pedestrians, then pedestrians shall have the right-of-way. (Ord. 13-6 § 7 (Exh. F), 5/28/13) Chapter 14.10 OPEN SPACE AREAS Sections: 14.10.010 Applicability of Regulations. 14.10.020 Hours of Operation. 14.10.030 Glass Containers. 14.10.040 Fishing. 14.10.050 Hunting. 14.10.060 Protection of Plant Material. 14.10.070 Protection of Wildlife. Page 22 of 25 14.10.080 Protection of City Facilities, Improvements and Natural Features. 14.10.090 Permitted Uses. 14.10.100 Motor Vehicles and Parking. 14.10.110 Trails. 14.10.120 Agricultural Spraying. 14.10.140 Special Open Space Areas/Liability. 14.10.010 Applicability of Regulations. CISHARE In addition to the rules and regulations already mentioned in this Title, the following rules and regulations apply to all open space areas in the City, except as otherwise expressly stated. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.10.020 Hours of Operation. nSHARE Pursuant to Section 14.06.020, a person shall not enter, be, or remain in any open space area between sunset and sunrise, except as authorized by a written permit issued by the City Manager. The City Manager may change the hours of use as stated above for any event or individual open space area. All persons shall comply with such changed hours. A person shall not park, or cause to be parked, any motor vehicle in any park facility for a park between the hours of 10:00 p.m. and sunrise on the following day, or when posted closed or no parking. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.10.030 Glass Containers. a sHRRE� Y No person shall bring glass containers into a City open space area. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.10.040 Fishing. a SHARE Fishing is prohibited within the boundaries of a City open space area, unless specifically authorized by the City Manager by a written permit. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.10.050 Hunting. ' $HAE Hunting is prohibited within or into the boundaries of any City open space area. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.10.060 Protection of Plant Material. a _SHRE_.._.__1 Except for maintenance, construction, pest control activities, research, and flood control maintenance authorized by the City Manager, no person using an open space area shall willfully deface, disfigure, injure, or remove any plant material on, or from, that property. Removal of plant materials is strictly prohibited without a written permit granted by the City Manager. (Ord. 13-6 § 7 (Exh. F), 5/28/13) Page 23 of 25 14.10.070 Protection of Wildlife. Except for maintenance, construction, or pest control activities authorized by the City Manager, no person using an open space area shall hunt, harm, molest, kill, or harass any wildlife found on that property. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.10.080 Protection of City Facilities, Improvements and Natural Features. _© SHARE No person, except for authorized City personnel or other authorized persons, shall willfully deface, damage, remove, or modify any City open space area, facility, improvement, or natural feature including, but not limited to, buildings, signs, exhibits, irrigation systems, benches, bridges, trails, gates, fences, and landforms, whether natural or manmade. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.10.090 Permitted Uses. -P_ SHARE Permitted uses in open space areas are limited to passive public recreation, such as hiking, biking, walking, running, and horseback riding. No person shall play or practice any field sport, such as golf, Frisbee, baseball, archery, skateboard, soccer, or football in open space areas, unless approved in advance by the City Manager. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.10.100 Motor Vehicles and Parking. g SHARE Except in the case of City-owned vehicles, vehicles owned by other governmental agencies, or authorized private vehicles, no person shall park, permit the parking of, drive, or permit to be driven any motor vehicle, including any motorcycle, dirt bike, or any motor-driven bike or scooter, upon or across any open space area owned or maintained by the City, unless specifically authorized by written permit. This prohibition shall not be applicable to emergency vehicles. Parking shall be in designated locations or by written permit only. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.10.110 Trails. SHARE Persons visiting open space areas shall stay on trails when designated or posted, unless specific permission is granted by the City Manager. Information on allowed uses is contained in Chapter 14.08. (Ord. 13-6 § 7 (Exh. F), 5/28/13) 14.10.120 Agricultural Spraying. NAE ___ ; No person shall enter upon a posted agricultural buffer area without a written permit. If notified that agricultural spraying is taking place on adjacent fields, all persons shall vacate the affected area immediately when notified to do so. (Ord. 13-6 § 7 (Exh. F), 5/28/13) Page 24 of 25 14.10.140 Special Open Space Areas/Liability. .© sH�iRE _ The City Manager shall have authority to grant access to certain open space areas by permission only. In addition to the regulations specified in Section 14.06.160 and other relevant City ordinances, the City Manager may impose additional regulations or restrictions on the use of specially designated open space areas. All persons shall be liable to the City for any and all damage to open space areas, facilities, vegetation, and wildlife owned or managed by the City. (Ord. 13-6 § 7 (Exh. F), 5/28/13) Chapter 14.12 MUNICIPAL AQUATIC FACILITIES Sections: 14.12.010 When Open—Rules and Regulations. 14.12.010 When Open—Rules and Regulations:_0_ SHADE The municipal swimming pools of the City shall be opened to the public, as limited in this chapter, at all proper and seasonable times, subject to such rules and regulations contained in this chapter. The hours during which the swimming pools are open for use shall be determined by the City Manager, and it is unlawful for any person or persons to enter the waters of the pools except when open and when Aquatics personnel or lifeguards are in charge of the same and on duty. (Ord. 13-6 § 7 (Exh. F), 5/28/13) Chapter 14.14 USE OF CITY SKATE PARK Sections: 14.14.010 Skate Park Rules and Regulations. 14.14.010 Skate Park Rules and Regulations. $HARE Skate parks are specially regulated under State law. City skate parks shall comply with certain statutory standards, as established by the State of California, set for all public skate parks operated by a public agency. (Ord. 13-6 § 7 (Exh. F), 5/28/13) Page 25 of 25