HomeMy WebLinkAbout2022-05-10 - AGENDA REPORTS - SCMC CHAPTERS 11.37 14.04 14.06 AMENDAgenda Item: 13
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: �1 A11�44-1)
DATE: May 10, 2022
SUBJECT: SECOND READING OF AMENDMENTS TO THE CITY'S
MUNICIPAL CODE TO INCLUDE: AMENDING CHAPTER 11.37
(PEDDLERS, SIDEWALK VENDORS, AND SOLICITORS),
AMENDING CHAPTER 14.02 (DEFINITIONS), AND CHAPTER
14.06 (PARKS AND PUBLIC PLACES RULES AND
REGULATIONS)
DEPARTMENT: Community Development
PRESENTER: Michael Villegas
RECOMMENDED ACTION
City Council:
Adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.37 (PEDDLERS,
SIDEWALK VENDORS, AND SOLICITORS) OF THE SANTA CLARITA MUNICIPAL
CODE."
2. Adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 14.02 (DEFINITIONS)
AND CHAPTER 14.06 (PARKS AND PUBLIC PLACE RULES AND REGULATIONS)
OF THE SANTA CLARITA MUNICIPAL CODE."
BACKGROUND
On April 26, 2022, with a 5-0 vote, the City Council introduced and passed to a second reading
an ordinance amending Chapter 11.37 and an ordinance amending Chapters 14.02, and 14.06 of
the Santa Clarita Municipal Code, which address rules and regulations pertaining to vending
Citywide and the use of City parks and other public places, respectively.
ALTERNATIVE ACTION
Other action as determined by the City Council.
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FISCAL IMPACT
There is no fiscal impact to the general fund with the approval of this item.
ATTACHMENTS
Ordinance - Chapter 11.37 with Redline
Ordinance - Chapters 14.02 and 14.06 with Redline
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ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, AMENDING CHAPTER 11.37 (PEDDLERS, SIDEWALK VENDORS,
AND SOLICITORS) OF THE SANTA CLARITA MUNICIPAL CODE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. The ordinance amends Chapter 11.37 regarding "Peddlers and Solicitors." On
September 18, 2018, Governor Brown signed into law Senate Bill (SB) 946, which
adopts state law that imposes limits on how local authorities, including cities, may
regulate sidewalk vending. SB 946 is codified in Government Code 51036.
B. Among other things, SB 946 limits a city's regulation of sidewalk vending to
restrictions that are directly related to objective health, safety, or welfare concerns,
and prohibits punishment for street vending -related violations unless it is through a
civil fine.
C. SB 946 also recognizes that California has an interest in the regulation of traffic, to
ensure the appropriate flow of traffic and the safety of pedestrians on the road or the
sidewalk, and has acknowledged that there are regulations directly related to objective
health, safety, or welfare concerns that a city may adopt, which include, but are not
limited to, regulations concerning hours of operation, sanitation, sidewalk access, r
health and vendor permits, compliance with other generally applicable laws, 3
registration requirements, and interference with other special events or permitted M
activities.
D. On December 11, 2018, the City Council passed and established the Sidewalk
Vending Program, which governs sidewalk vendors operating within the City of
Santa Clarita (City), and imposes sidewalk vending regulations that are consistent
with state law, while maintaining regulations that are directly related to the objective
health, safety, and welfare of the City.
E. Despite the City's efforts through the Sidewalk Vending Program, unpermitted
vending continues to be a growing issue in Santa Clarita communities, and the
recommended changes, as outlined in Exhibit A, are needed to further preserve and
protect the health, safety, and welfare of residents.
SECTION 2. Chapter 11.37 of the Santa Clarita Municipal Code, entitled "Peddlers,
Sidewalk Vendors, and Solicitors," is hereby amended to read in its entirety as shown in Exhibit
A of the ordinance, which is attached hereto.
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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.
PASSED, APPROVED, AND ADOPTED this loth day of May 2022.
MAYOR
ATTEST:
CITY CLERK
DATE:
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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
forgoing Ordinance 22- was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26"d day of April 2022. That thereafter, said
ordinance was duly passed and adopted at a regular meeting of the City Council on the loth day
of May 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 22- and
was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
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EXHIBIT A.0
REDLINED PRIOR
ORDINANCE
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Chapter 11.37
PEDDLERS, SIDEWALK VENDORS, AND SOLICITORS
Sections:
11.37.010 Definitions.
11.37.020 Identification, License, and Permit(s) Required.
11.37.030 Exemptions.
11.37.040 Claims of Exemption.
11.37.050 General Soliciting Regulations.
11.37.060 General Sidewalk Vending Regulations.
11.37.070 General Peddling Regulations.
11.37.080 Peddlers of Prepared Food Products from Motor Vehicles Permitted.
11.37.090 Violation —Penalty.
* Prior ordinance history: Ords. 94-11 and 96-34.
11.37.010 Definitions.
For purposes of this chapter, the following definitions apply:
"Cart" means any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other
nonmotorized conveyance, and includes a stationary cart or a mobile cart as defined in this section. -�
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"Charitable purpose" means any tax exempt purpose or function as specified in Article I of Chapter 4 of M
the California Revenue and Taxation Code (Section 23701 and following).
"City Manager" means the City Manager or designee.
"Commercial peddling" means any peddling that is not for a charitable purpose or does not involve
expressive merchandise.
"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.
"Expressive merchandise" means merchandise bearing an express or obvious ideological, philosophical,
political, or religious message that is inextricably intertwined with other forms of protected expression as
recognized under the California Constitution or the United States Constitution.
"Fixed place of business" means the premises in the City occupied for a period of not less than sixty (60)
days for the particular purpose of conducting business, and regularly kept open for at least twenty (20)
hours every week.
"Food" means any type of edible substance or beverage.
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"Goods" or "merchandise" means any item that is not food and do not include services.
"Health permit" means a public health permit issued from the County of Los Angeles Department of Public
Health for prepared food products defined in this section.
"Impound" means to seize or take custody of vending equipment, carts, goods, or merchandise because
of an infringement of a law or regulation.
"License" means a peddler's or solicitor's license issued from the County of Los Angeles Treasurer and
Tax Collector.
"Mobile cart" means a pushcart, pedal -driven cart, wagon, or other nonmotorized conveyance used by a
roaming sidewalk vendor as defined in this section.
"Parkway(s)" means that portion of a public street which is not improved for actual street, curb, gutter, or
sidewalk use, and which is available for planting, landscaping, and maintaining street trees.
"Peddle(s)" or "peddling" means to sell and make immediate delivery, or offer for sale and immediate
delivery, any edible product, goods, merchandise, ware or thing, in possession of the seller, at any place
within the City other than from a fixed place of business.
"Peddler(s)" means any person who peddles as defined in this section.
"Person" or "persons" means one (1) or more natural persons, individuals, groups, businesses, business
trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations,
clubs, or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant,
officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity.
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"Prepared food products" means any liquids or edibles for human consumption that are prepackaged or in
sealed containers, or are prepared for consumption at the location of the sale. For the purposes of
Section 11.37.080, the term "prepared food products" includes the incidental sale of fruits and vegetables
that are not prepackaged or in sealed containers; provided, that such fruits and vegetables consist of no
more than ten percent (10%) of the peddler's total prepared food products offered for sale.
"Public right-of-way" means the area dedicated to public use for street or pedestrian purposes, including
privately owned and maintained roads within the City that are generally held open to the public for
purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians,
parkways, planter strips, roads, sidewalks, and streets.
"Roaming sidewalk vendor(s)" has the same meaning as set forth in Government Code Section 51036(b),
and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Sidewalk" means any surface in the public right-of-way provided for the use of pedestrians.
"Sidewalk vendor(s)" or "sidewalk vend(s)" means a person who sells food or merchandise from a
pushcart, stand, equipment, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized
conveyance, or from one's person, upon a public sidewalk or other pedestrian path. "Sidewalk vendor"
includes "roaming sidewalk vendor' and "stationary sidewalk vendor." "Sidewalk vendor permit" means a
permit related to the use of a cart that is issued by the City in accordance with this chapter.
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"Solicit" or "soliciting" means to:
1. Sell or take orders or offer to sell or take orders, for any edible product, goods, merchandise,
ware or thing, for future delivery, or for services to be performed; or
2. Distribute advertising material or samples; or
3. Request contributions, either directly or indirectly, at any place within the City other than a fixed
place of business.
"Solicitor(s)" means a person who solicits as defined in this section.
"Stationary cart" means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other
nonmotorized conveyance, that is intended to be operated from a fixed location by a stationary sidewalk
vendor instead of being moved from place to place, where stops are limited to completing a transaction.
"Stationary sidewalk vendor" has the same meaning as set forth in Government Code Section 51036(c),
and includes a sidewalk vendor who vends from a fixed location.
"Vend(s)" or "vendor" or "vending" means any person who peddles or sidewalk vends as defined in this
section.
"Vending Equipment" means any nonmotorized conveyance used by a sidewalk vendor necessary to 0
vend to include, but not limited to a(n); appliance, apparatus, cooker, pushcart, stand, table, display,
pedal -driven cart, wagon, showcase, rack, or device.
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To the extent any of the definitions in this section conflict with the definitions contained in Title 7 of the
Los Angeles County Code, which the City has adopted by reference in Chapter 5.02 of this code, the
definitions in this section will control. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18) r
11.37.020 Identification, License, and Permit(s) Required. M
A. Peddler's and Solicitor's License. No person may peddle, sidewalk vend, or solicit unless such
person has a valid peddler's or solicitor's license, as applicable, issued by the County of Los Angeles
Treasurer and Tax Collector on behalf of the City under Title 5 of this code and Title 7 of the Los Angeles a
County Code prior to operation.
B. Sidewalk Vendor Permit. In addition to the required peddler's license, any person that sidewalk
vends shall also obtain a valid sidewalk vendor permit issued by the City prior to operation. To obtain or
to renew a sidewalk vendor permit, a sidewalk vendor must provide the following as part of their
application:
1. The legal name, date of birth, current mailinq address and telephone number of the
applicant;
2. If the applicant is an agent of an individual, company, partnership, corporation, or other
entity, the name and business address of the principal;
3. Whether the applicant is seeking authorization to operate as a roaming sidewalk vendor or a
stationary sidewalk vendor;
4. A description of the food and/or merchandise the applicant proposes to vend.
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5. A description of any vending equipment or cart the applicant intends on using in conjunction
with the vending operation — including measurements of the height, width, and depth of the
vending equipment or cart;
6. A description, map, or drawing of the areas/route in which the applicant proposes to vend;
7. The hours per day and the days Der week durina which the applicant proposes to vend
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8. A copy of a current and valid California seller's permit issued to the applicant by the
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California Department of Tax and Fee Administration pursuant to California Revenue and
Taxation Code Section 6067 (or any subsequently adopted amendment thereto);
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9. If the applicant proposes vending food, a certification of completion of a food handler course
and proof of all required approvals from the Los Angeles County Department of Public Health —
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including a copy of the applicant's current and valid Los Angeles County Health Permit;
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10. A copy of the applicant's driver's license or identification card issued by the State of
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California, taxpayer identification number, or an identification card issued by another municipality;
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11. Proof of comprehensive liability insurance in an amount not less than one million dollars
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($1,000,000.00). Such insurance shall name as additional insured the City of Santa Clarita, its
officers and employees, and shall further provide that the policy shall not terminate or be
cancelled without thirty (30) days' advance written notice to the City of Santa Clarita;
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12. Anagreement by the applicant to indemnify and hold harmless the City, its officers and
employees, from any and all damages or injury to persons or property proximately caused by the
act or neglect of the applicant or by hazardous or negligent conditions maintained at the
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applicant's vending location;
13. Certification by the applicant, under penalty of perjury, that the information contained in the
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application is true to his or her knowledge and belief; and
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14. Any other reasonable information regarding the time, place, and manner of the proposed
sidewalk vendinq activities.?
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C. Health Permit for Peddlers and Sidewalk Vendors of Prepared Food Products. In addition to the
required peddler's license or sidewalk vendor permit, any person that peddles or sidewalk vends
prepared food products shall also obtain the applicable public health permit issued by the County of Los
Angeles Department of Public Health on behalf of the City prior to operation.
D. Possession of Peddler's or Solicitor's License. Every peddler, sidewalk vendor, or solicitor must
maintain an original copy of their valid peddler's or solicitor's license on their person at all times while
peddling, sidewalk vending, or soliciting, and, upon request, must show such license to any Enforcement
Officer, or any person to whom they are peddling, sidewalk vending, or soliciting in the City.
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E. Possession of Sidewalk Vendor Permit. Every sidewalk vendor must maintain an original copy of
their valid sidewalk vendor permit on their person at all times while sidewalk vending, and, upon request,
must show such permit to any Enforcement Officer, or any person to whom they are sidewalk vending in
the City. r
F. Possession of Health Permit. Every peddler and sidewalk vendor of prepared of food products must
maintain an original copy of their valid public health permit on their person at all times while peddling or
sidewalk vending, and, upon request, must show such permit to any Enforcement Officer, or any person?
to whom they are peddling or sidewalk vending.
G. Possession of Identification. Every peddler, sidewalk vendor, or solicitor must, upon request, show
their valid California identification to any Enforcement Officer, or any person to whom they are peddling,
sidewalk vending, or soliciting.
H. License and Permit Expiration. Peddler's and solicitor's licenses, and public health and sidewalk
vendor permits, will expire one (1) year after the date of issuance.
I. Transfer of License or Permit. Peddler's and solicitor's licenses, and public health and sidewalk
vendor permits, are not transferable.
J. Renewal of License or Permit after Revocation. A person whose peddler's or solicitor's license, or
public health or sidewalk vendor permit, is revoked may not renew their license or permit for one (1) year
from the date it is revoked. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)
11.37.030 Exemptions.
The provisions of this chapter do not apply to:
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A. Soliciting conducted solely by means of facsimile machines, the Internet, newspapers, magazines,
radio, television broadcasts, telephone, or through the United States mail.
B. Charitable soliciting that is conducted among the members of the soliciting group by other members,
whether at regular assemblies, service, or otherwise.
C. Soliciting, on premises owned or controlled by the solicitor.
D. Soliciting that is subject to disclosure under state or federal political disclosure laws.
E. Soliciting by commercial sales agents or representatives selling goods wholesale to dealers for
resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies.
F. Farmers selling farm products produced by them. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A),
12/11/18)
11.37.040 Claims of Exemption.
Any person claiming to be exempt from any of the provisions of this chapter, including the identification,
licensing, and permitting requirements, must cite to the City Manager or designee the statute or other
legal authority under which such exemption is claimed and present proof of qualification for such
exemption. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)
11.37.050 General Soliciting Regulations.
Solicitors must comply with the following regulations when soliciting:
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A. Hours. Except as otherwise authorized under this code, soliciting may only take place between the
hours of eight a.m. and sunset.
B. Minors. Any solicitor under the age of eighteen (18) years must be accompanied by an adult who
holds a valid solicitor's license in accordance with Section 11.37.020.
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C. Premises Posted for No Soliciting. No soliciting is permitted at any house, apartment, or other
dwelling unit, or at any commercial premises where a sign is displayed in public view indicating "no
solicitors or peddlers," or where there is a similar indication that no soliciting is desired by the owners or
occupants of the premises, except with the prior consent or at the invitation of the owners or occupants.
D. Aggressive Solicitation. No solicitor may persistently and importunely engage in soliciting with a
person after that person has indicated that he or she is not interested in the solicitation.
E. Refusal to Leave Premises. No solicitor may refuse to leave any residential or commercial premises
when requested to leave by an owner, occupant, or responsible person for such premises.
F. Obstruction of Movement. No solicitor may intentionally and deliberately obstruct the free movement
of any person on any public right-of-way or other public place, or any place open to the public generally.
(Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)
11.37.060 General Sidewalk Vending Regulations and Conditions Imposed on Permit.
All sidewalk vendors shall
comply with the followinq sidewalk vending regulations set forth in this part, and all restrictions, limitations,
prohibitions, and sidewalk vending regulations set forth in this part shall constitute conditions upon any
sidewalk vending permit issued pursuant to this part.
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A. Except as otherwise authorized under this code, including the issuance of any applicable temporary
use, special event, or conditional use or event permit, no person may engage in sidewalk vending on any
public right-of-way in the City without first obtaining and having in possession a valid peddler's license,
public health permit, and sidewalk vending permit.
B. Hours. Except as otherwise authorized under this code, sidewalk vending shall only take place
between the hours of eight a.m. and sunset on sidewalks, and between the hours of sunrise and ten p.m.
in City parks, or when posted closed or within specific hours, except as authorized by the City Manager or
designee. For sidewalk vending in nonresidential areas, the City Manager or designee may limit the hours
of operation in a manner consistent with other businesses or uses on the same street(s) in those
nonresidential areas.
C. Minors. Any sidewalk vendor under the age of eighteen (18) years must be accompanied by an adult
who possesses a valid sidewalk vendor permit in accordance with Section 11.37.020.
D. Aggressive Vending. No sidewalk vendor may persistently and importunely engage in vending with a
person after that person has indicated that he or she is not interested in the things being vended.
E. Refusal to Leave Premises. The City may request the sidewalk vendor remove any vending
equipment or cart if +"�-rai#;s; it is creating an imminent safety hazard or is placed within a prohibited
area as set forth in this chapter. If the sidewalk vendor refuses to remove the vending equipment or cart,
or if left the ^art h@c h-&@ abandoned, the City may remove the vending equipment or cart and dispose of
the vending equipment or cart after providing at least a nir4peiy sixty (4960) day notice of redemption to the
address associated with the public health permit or peddler's license identified on the vending equipment
or cart, if any, or if left unclaimed for nib (4960) days from the date of removal.
F. Obstruction of Movement. No sidewalk vendor may intentionally and deliberately obstruct the free m
movement of any person on any public right-of-way or other public place, or any place open to the public
generally. m
G. Operational Requirements. AAny vending equipment or cart used for sidewalk vending shall be
placed and used at all times in compliance with the terms and conditions of their public health permit,
peddler's license, and sidewalk vendor permit, and all other applicable laws and regulations, including,
but not limited to, the following:
1. Prominently display their valid public health permit and peddler's license on the vending
equipment or cart used for sidewalk vending.
2. Maintain a clean and trash -free ten (10) foot radius from a stationary vending equipment or cart
during hours of operation, and must leave the area clean at all times.
3. Provide a trash receptacle for customers and ensure proper disposal of customer trash. The
trash receptacle must be large enough to accommodate customer trash.
4. Shall not sidewalk vend to customers in moving vehicles.
H. Vending in Residential Zoned Areas. No stationary vending equipment or cart shall be used to vend
within a residential zoned area. However, a sidewalk vendor may use a mobile cart within a residential
zone, and shall move continuously except when necessary to complete a sale.
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I. Vending next to School. No sidewalk vending is permitted within one thousand (1,000) feet from any
school property boundary while children are going to or leaving such school during opening or closing
hours, or during the noon or lunchtime recess period.
J. Prohibited Items. There is a prohibition on the selling of counterfeit products, secondhand items,
animals, items that will exceed the surface area of sidewalk vending equipment, drugs, medicine,
chemicals, lottery tickets, weapons, alcohol, fireworks, cannabis or cannabis products, industrial hemp
products, adult -oriented material, tobacco, tobacco -related products, or any other items that are deemed
unsafe.
JK. Prohibitions on Placement of Stationary Vending Equipment and Mobile Carts. No sidewalk vendor
shall place or leave any vending equipment or cart in a manner that obstructs vehicular or pedestrian
traffic, or creates visibility, sight line, or accessibility issues, and includes the following:
1. Within fifty (50) feet of any other sidewalk vendor.
2. Within twenty-five (25) feet of a street corner, controlled intersection, traffic signal, or
crosswalk.
3. Within fifteen (15) feet of any fire hydrant, fire -call box, or other emergency facility.
4. Within ten (10) feet of any bus stop, bus bench, or bus shelter.
5. Within t&R 404 twenty-five (25) feet of a driveway or driveway apron.
6. Within eighteen (18) inches from the edge of the curb.
7. Within fifteen (15) feet of an automated teller machine.
8. Within one -hundred (100) feet of a police officer, firefighter, or emergencv medical personnel
who is activelv oerforminR his or her duties or arovidinR services to the aublic.
9. Within twenty-five (25) feet of an alleyway.
10. Within fifteen (15) feet of a handicapped parkinq space or access ramp.
11. Within fifty (50) feet of a freeway entrance or freeway exit.
12. Within twenty-five (25) feet of City -owned parking lots or structures.
13. Within two -hundred and fifty (250) feet of a Santa Clarita Marathon marked route on the days
of the event.
7-14. Where placement impedes the flow of vehicular traffic or parking, such as on public streets
or public highways, or would cause vehicles to stop in traffic lanes.
915. Where placement impedes the accessible route and flow of pedestrians by reducing the
clear width space on a public sidewalk to less than four (4) feet, or impedes access to or the use of
abutting property, including, but not limited to, residences and places of business, in accordance
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with the Americans with Disabilities Act (ADA). The clear width of the sidewalk shall be four (4) feet
minimum, exclusive of the width of the curb.
816. No cart or accessory equipment of a sidewalk vendor may be chained or fastened to any
pole, sign, tree, or other object in the public right-of-way or left unattended, unless as permitted by
the City.
17. Notwithstanding any specific prohibitions in this section, no sidewalk vendor may install,
use, or maintain avending equipment or cart where placement endangers the safety of persons or
property, such as on parkways or other landscape -maintained areas.
L. Stationary sidewalk vendors shall only conduct vending operations at the location approved by the
Community Preservation Division, consist with State law and the standards and provisions of this chapter-
and shall display a City -issued sidewalk vending permit on the street -side portion of the City -approved
vending equipment or cart
M. Roaming sidewalk vendors shall only conduct vending operations along the route approved by the
Community Preservation Division, consist with State law and the standards and provisions of this chapter,
and shall display a City -issued sidewalk vending permit on the City -approved vending equipment or cart;
or, if no vending equipment or cart is utilized, a roaming sidewalk vendor shall keep the City -issued
sidewalk vending permit upon his or her person at all times while conducting vending operations.
N. Design and Dimension Requirements. While in use, any vending equipment or cart used for sidewalk
vending shall be placed and used at all times in compliance with following provisions.
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1. While in operation, all sidewalk vending equipment must not exceed at maximum of four (4)
feet in width and a maximum of six (6) feet in length. m
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2. All roaming sidewalk vendors must maintain an unobstructed view over four (4) feet in height
from the ground to the tabletop structure of their sidewalk vending equipment. rl-
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3. All sidewalk vendors must adjust or relocate their operations to ensure that there remains at
minimum four (4) feet clearance on the sidewalk or pathway.
4. All sidewalk vendors must provide locking wheels on all sidewalk vending equipment to
prevent uncontrolled movement.
5. No sidewalk vendor shall erect, place, or maintain any tent, canopy or other temporary
shelter (excluding umbrellas) in the public right-of-way or public place.
6. A sidewalk vendor may have one (1) single -colored umbrella. When in use, the umbrella
shall not exceed 10 feet in height as measured from ground level to its highest point. The umbrella cannot
be attached to any public or private fixture, such as the sidewalk, light standard, fence, bench, or trees.
The umbrella must be made of a sturdy and safe material and must be attached and anchored to the
sidewalk vendina eauioment in such a wav that sudden bursts of wind will not dislodae it.
7. No external power, piping, or plumbing is allowed. The sidewalk vending equipment must be
entirely self-contained.
8. Signage is permitted only if attached to the sidewalk vending equipment or cart.
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9. Operations must not damage public or private property.
10. Sidewalk vending equipment must not lean against or attach to a building or structure.
11. All sidewalk vendors shall be limited to two (2) chairs. The chairs may be placed behind or
next to (but not in front of) the sidewalk vending equipment.
12. Food, goods, and merchandise must be securely fastened to the sidewalk vending
equipment.
13. Vending of merchandise is limited to two (2) different types of items and must be the items
described within the approvals of the application when the sidewalk vending permit was issued.
140. Sidewalk Vending Related to Parks, Special Events, or Locations That Are Subject to Special
Permits. Sidewalk vendors shall operate in a manner consistent with the following:
1. No sidewalk vendors may vend within three hundred (300) feet of permitted filming, camps,
community events, or other City a permitted event for the duration or within operating hours of such
an event. Permitted events include certified farmer's markets, swap meets, and any event that
requires the temporary use of, or encroachment on, the sidewalk or other public area, including, but
not limited to, an encroachment permit, special event permit, film permit, or temporary use permits.
2. No stationary sidewalk vendors may vend in any park subject to a signed, exclusive
concessionaire's agreement.
3. The City may, by resolution, adopt additional requirements consistent with Government Code
Section 51038(b)(2)(B) for City -owned or operated parks, effective after signs are posted giving
notice of such additional requirements.
L-P. Violation —Penalty. Sidewalk vending in violation of this section will not be punishable as a criminal
infraction or misdemeanor, but will be subject to an administrative citation as follows:
M
1. For vending without a valid peddler's license, public health permit, or sidewalk vendor permit:
a. An administrative fine of two hundred fifty dollars ($250.00) for a first violation.
b. An administrative fine of five hundred dollars ($500.00) for a second violation within one
(1) year of the first violation.
c. An administrative fine of one thousand dollars ($1,000) for a third violation and each
subsequent violation within one (1) year of the first violation.
d. Upon proof of a valid peddler's license, public health permit, or sidewalk vendor permit
issued by the County of Los Angeles or City before such fines are due, the City will reduce the
amount of the fines to one hundred dollars ($100.00) for the first violation, two hundred dollars
($200.00) for the second violation, and five hundred dollars ($500.00) for each violation
thereafter.
2. For all violations of this chapter other than vending without a valid peddler's license, public
health permit, or sidewalk vendor permit as outlined in subsection (L)(1) of this section:
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a. An administrative fine of one hundred dollars ($100.00) for a first violation.
b. An administrative fine of two hundred dollars ($200.00) for a second violation within one
(1) year of the first violation.
c. An administrative fine of five hundred dollars ($500.00) for a third violation within one (1)
year of the first violation.
d. An administration fine of five hundred dollars ($500.00) for a fourth and each subsequent
violation, and revocation of a peddler's license, public health permit, or sidewalk vendor
permit. Revocation proceedings will be conducted in accordance with the rules and
regulations established by the City.
3. The City will provide the person subject to the administrative fine notice of his or her right to
request an ability -to -pay determination, and will make available instructions or other materials for
requesting an ability -to -pay determination.
4. Administrative fines assessed pursuant to this section may be reduced to twenty percent (20%)
of the original fine amount, or may be fulfilled through performing community service in lieu of
paying the administrative fine, upon submission of proof of inability to pay at an adjudication
hearing if requested by the person, pursuant to Government Code Section 51038(f). (Ord. 08-8 § 2,
7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)
5. Revocation or Denial of a Sidewalk Vendor Permit
a. Revocation — Upon the fourth or more citation for violation of this chapter other than
vendina without a valid peddler's license. public health permit. or sidewalk vendor permit as c
outlined in subsection (P)(1) of this section that have become final during the term of the vendor
permit, the vendor permit shall be revoked. For these purposes, if a sidewalk vendor contests a
citation pursuant to SCMC Chapter 23.20, the citation will become final only if the Hearing Officer -�
r
determines that the citation should be upheld. In addition, a vendor permit shall be revoked if the 3
sidewalk vendor made a materially false, misleading or fraudulent statement or material omission in
M
the application or during the application process. The revocation shall become effective 10 days
after the mailing of a Notice of Intent to Revoke to the sidewalk vendor, unless the sidewalk vendor
appeals the decision in accordance with SCMC Chapter 23.20.
b. Denial — If a sidewalk vendor submittina an initial sidewalk vendor application has received
two or more citations that have become final for violation of the SCMC or these regulations or any
such citation remains unpaid within the prior fiscal year (i.e., July 1-June 30), the City may, in its
sole and absolute discretion, deny the initial application. If a sidewalk vendor has received two or
more citations that have become final for violation of the SCMC or these Regulations during the
term of the immediately preceding vendor permit or any such citation remains unpaid, the City may,
in its sole and absolute discretion, deny the renewal application. For these purposes, if a sidewalk
vendor contests a citation pursuant to SCMC Chapter 23.20, the citation will become final only if the
Hearing Officer determines that the citation should be upheld. In addition, an initial or renewal
application for a vendor permit shall be denied if the sidewalk vendor makes a materially false,
misleading, or fraudulent statement or material omission in the application or during the application
process. If the City denies either the initial application or the renewal application for any of these
reasons. the Citv shall notifv the sidewalk vendor in writina.
6. Impounding of Vending Equipment, Carts, Goods, or Merchandise
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a. Any enforcement officer is authorized to impound vendinq equipment, carts, goods, or
merchandise pursuant to SCMC 23.30.050 and SCMC 23.30.160.
b. In addition to the administrative fines taken pursuant to rSectionl 11.37.060.P.1 above,
any enforcement official may, upon an individual's fourth or greater violation of this division,
impound vendinq equipment, carts, goods or any merchandise therein which constitutes an
immediate threat or hazard or danger to persons or property.
c. The City shall store such vending equipment, carts, goods, or merchandise for a minimum
of sixty (60) days. If the property is not claimed within that time period, the City may dispose of
the property.
d. Any owner of impounded vending equipment, carts, goods, or merchandise may, within
twenty (20) days, request an administrative hearing pursuant to SCMC 23.30.090 in writing to
appeal the impoundment before a hearing officer appointed by the City.
e. Prior to the expiration of the 60-day holding period or before any appeal related to
impoundment becomes final, any person claiming ownership of vending equipment, carts, goods,
or merchandise that has been impounded may reclaim such materials upon payment in full of all
administrative costs incurred as a result of the violation, and proper proof of ownership. Any
unclaimed items will be considered abandoned and forfeited to the City after sixty (60) days
following impoundment.
11.37.070 General Peddling Regulations.
Peddlers must comply with the following regulations when peddling:
A. Hours. Except as otherwise authorized under this code, peddling may only take place between the
hours of eight a.m. and sunset.
m
B. Premises Posted for No Peddling. No peddling is permitted at any house, apartment, or other -�
r
dwelling unit, or at any commercial premises where a sign is displayed in public view indicating "no 3
solicitors or peddlers," or where there is a similar indication that no peddling is desired by the owner or M
occupant of the premises, except with the prior consent or at the invitation of the owner or occupant.
C. Aggressive Peddling. No peddler may persistently and importunely engage in peddling with a person
after that person has indicated that he or she is not interested in the things being peddled.
D. Refusal to Leave Premises. No peddler may refuse to leave any residential or commercial premises
when requested to leave by an owner, occupant, or responsible person for such premises.
E. Obstruction of Movement. No peddler may intentionally and deliberately obstruct the free movement
of any person on any public right-of-way or other public place, or any place open to the public generally.
(Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)
11.37.080 Peddlers of Prepared Food Products from Motor Vehicles Permitted.
A. Peddling of prepared food products is permitted from motor vehicles used for the transportation or
preparation of such prepared food products when conducted on public streets, but not including public
sidewalks or parkways.
B. The parked location of a motor vehicle used for the peddling of prepared food products must be at
least one hundred (100) feet from an intersection to minimize impacts on traffic flow and the potential
obstruction of sight lines and observation. The opening of the motor vehicle from which sales are made
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must face the sidewalk or such other direction so that customers are not required to stand in the vehicular
right-of-way.
C. A person peddling prepared food products from motor vehicles may not remain in any one (1)
location for the purposes of peddling, or any other location less than one-half (1/2) mile from the same
location, for more than thirty (30) minutes during any six (6) hour period.
D. During the period of such peddling, the peddler must maintain the location in a neat, sanitary, and
hazard -free condition, and pick up and dispose of in a sanitary manner all debris, garbage, or litter that is
left by any customer of the peddler.
E. No peddling of prepared food products from motor vehicles is permitted within one thousand (1,000)
feet from any school property boundary while children are going to or leaving such school during opening
or closing hours, or during the noon or lunchtime recess period. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2
(Exh. A), 12/11/18)
11.37.090 Violation —Penalty.
A violation of sidewalk vending will be subject to the applicable penalties under Section 51039 of the
Government Code and Section 11.37.060(L) of the Santa Clarita Municipal Code. All other violations of
this chapter 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, in addition to any other applicable penalties or remedies prescribed by law. (Ord.
08-8 § 3, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11 /18)
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ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, AMENDING CHAPTER 14.02 (DEFINITIONS) AND CHAPTER 14.06
(PARKS AND PUBLIC PLACES RULES AND REGULATIONS)
OF THE SANTA CLARITA MUNICIPAL CODE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The ordinance amends Title 14 of the Santa Clarita Municipal Code
(SCMC), entitled "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 SCMC is hereby amended to read in its entirety as shown in
Exhibit B, 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 the 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.
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PASSED, APPROVED, AND ADOPTED this loth day of May 2022.
MAYOR
ATTEST:
CITY CLERK
DATE:
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 22- was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26nd day of April 2022. That thereafter, said ordinance
was duly passed and adopted at the regular meeting of the City Council on the loth day of May
2022, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 22- and
was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
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EXHIBIT B.m
REDLIINED PRIOR
ORDINANCE:
U
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Chapter 14.02
DEFINITIONS
Sections:
14.02.010 Definitions.
14.02.010 Definitions.
As used in this 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 of one 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 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.
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"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:
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.
"Hazardous Zone" means any region, place, perimeter, that constitutes a threat to public
safety, the general welfare of the community, a threat to an individual or group of
individuals, of which include, but are not limited to oil spills, toxic waste spills, sanitation
spills, areas with an abundance of organic waste, areas with improperly diverted human
waste, Very High Fire Hazard Severity Zones (VHFHSZ), and loading docks.
"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.
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"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:
Medication, eye glasses, or other medical devices;
2. Sleeping bag or bed roll which is sanitary and nonverminous or unsoiled;
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.
"Store" or "storage" means to put aside or accumulate for later use or safekeeping, to
place or leave in a location. (Ord. 90-12, 5/29/90-1 Ord. 05-1 § 2, 1 /25/05-1 Ord. 13-6 § 7
(Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
"Very High Fire Hazard Severity Zone (VHFHSZ)" means a location outlined by
the California Office of the State Fire Marshall as being abundantly comprised of
fuel, slope, and fire hazard.
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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.
14.06.083 Camping in Hazardous Zones Prohibited
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.
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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.
14.06.010 Applicability of Regulations.
The following rules and regulations apply to all parks and public places in the City,
except as otherwise expressly stated. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F),
5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.020 Hours of Operation.
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 ten 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 ten p.m. and sunrise on the following day, or when posted closed, or within
specific hours, or no parking. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord.
18-8 § 2 (Exh. A), 6/26/18)
14.06.030 Park and Public Place Property and Vegetation —Damaging or
Removing Prohibited.
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;
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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, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2
(Exh. A), 6/26/18)
14.06.060 Motor Vehicle Restrictions —Parking.
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 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, 5/29/90-1 Ord. 13-6 § 7
(Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.070 Speed of Motor Vehicles.
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, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh.
A), 6/26/18)
14.06.080 Camping and Storage of Personal Property Prohibited.
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. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh.
F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
F. A person shall not camp or store unattended personal property within ten feet of
any operational or utilizable driveway or loading dock;
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G. A person shall not camp or store unattended personal property within five feet of
any operational or utilizable building entrance or exit;
H. A person shall not start, build or use a fire for the purposes of, including but not
limited to, cooking, warming, baking, or otherwise, except as may be approved
by the City Manager, or designee.
A person shall not discharge wastewater and/or dispose of trash or garbage in
any manner that is not expressly permitted by law.
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.
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. (Ord. 18-8 § 2 (Exh. A),
6/26/18)
14.06.082 Property Removal.
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 of the personal property without prior notice. (Ord. 18-8
§ 2 (Exh. A), 6/26/18)
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14.06.083 Camping in Hazardous Zones Prohibited
A. It shall be unlawful to sit, lie, sleep, store, use, maintain, or place personal
property in areas designated by the City Manager, or designee, as Hazard
Zones.
B. It shall be unlawful to sit, lie, sleep, store, use, maintain, or place personal
property, that the circumstances of continued sitting, sleeping, lying,
storing personal property, or otherwise obstructing the public right-of-way
at that location poses a particular and ongoing threat to public safety.
Such infractions of this provision that constitute unlawful camping in
Hazard Zones include but are not limited to:
1. Camping in a region where death or serious bodily injury has
occurred in a location due to a hazardous condition
2. Repeated serious or violent crimes, including human
trafficking, sexual solicitation, and crimes of moral turpitude.
3. The occurrence of fires that resulted in a fire department
response to the location.
4. Very High Fire Hazard Severity Zones (VHFHSZ), as
designated by the California Department of Forestry and Fire
Protection (CalFire).
C. It shall be unlawful to store flammable chemicals, goods, provisions, and
other such items including camping paraphernalia, within but not limited to
1. Very High Fire Hazard Severity Zones (VHFHSZ)
2. 1000 feet of a school or school district facility
D. Exemptions to Subsection B include storage of property within the
confines of but not limited to:
1. Single Family Residence;
2. Multi -Family Residence;
3. Commercial Structure;
4. Recreational Vehicle of automobile; or
5. Dwelling as defined by the City of Santa Clarita's Unified
Development Code (UDC).
E. If the City Manager, or designee, identifies an infraction of this provision,
the individual in question will be given 24 hours to remove themselves and
any of their items from the specified location.
F. If one's self or personal property are not removed after the City Manager, or
designee, has provided 24-hour notice, the individual will receive an
administrative citation and one's personal property will be seized and held under
the City of Santa Clarita's possession. One's personal property is eligible to be
re-claimed up to and not to exceed 60 days after the seizure of said property.
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14.06.084 Personal Effects.
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:
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:
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.
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. (Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.086 Disposition of Property.
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.
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C. All hazardous material stored in a park or public place may be immediately
removed or disposed of by the City. (Ord. 18-8 § 2 (Exh. A), 6/26/18)
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. As
provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat.
328 (1990), as amended from time to time.
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.
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. (Ord. 18-8 § 2 (Exh. A),
6/26/18)
E. The provision of this section does not prohibit a person from sitting, lying,
sleeping, storing, using, maintaining, or placing personal property on
public property if:
1. If such sitting or lying is necessitate by the physical disability of such
person.
2. Such person is viewing a legally conducted parade.
3. Such person is seated on a bench lawfully for such purpose.
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
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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
(Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.090 Animals —Prohibited When.
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, and/or 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, 5/29/90-1
Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.100 Dogs and Cats Permitted When.
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 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,
5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
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14.06.105 Removal of Animal Waste.
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), 5/28/13-1 Ord. 18-8 § 2 (Exh. A),
6/26/18)
14.06.110 Horses and Similar Animals Permitted When.
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, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13
Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.130 Disturbances Prohibited.
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 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:
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,
5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.140 Alcoholic Beverages and Narcotics or Dangerous Drugs.
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
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misdemeanor. (Ord. 90-12, 5/29/90-1 Ord. 05-1 § 2, 1/25/05-1 Ord. 13-6 § 7 (Exh. F),
5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.150 Public Intoxication Prohibited.
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, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.160 Soliciting for or Selling Merchandise and Services —Restrictions.
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, 5/29/90-1 Ord. 05-1 § 2, 1 /25/05-1 Ord. 13-6 § 7 (Exh. F),
5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.180 Nudity and Disrobing Prohibited.
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, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.190 Washing Dishes or Polluting Water.
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, 5/29/90-1
Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.195 Rubbish Disposal.
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,
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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, 5/29/90-1 Ord. 13-
6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
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, 5/29/90-1 Ord. 13-6 § 7
(Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.210 Prohibited Uses and Activities.
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
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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 for such use. Violation of this provision is punishable as a misdemeanor.
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 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, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.220 Special Amusement Equipment.
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),
5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
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14.06.230 Emergency or Temporary Closure of Parks, Public Places, Trails, and
Recreational Areas.
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 or 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), 5/28/13-1 Ord
18-8 § 2 (Exh. A), 6/26/18)
14.06.240 Smoking Prohibited.
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), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.06.260 Ability to Regulate Park and Public Place Areas.
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), 5/28/13-1
Ord. 18-8 § 2 (Exh. A), 6/26/18)
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