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HomeMy WebLinkAbout1990-05-29 - AGENDA REPORTS - PARKS AND PUBLIC PLACES (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND 9 May 22, 1990 • AGENDA REPORT City Manager Approval Item to be presented Ken Pulskamn Parks & Other Public Places Ordinance City Manag This item is on the Agenda for the first reading of the Parks & Public Places section of the Santa Clarita Municipal Code. Staff, including representatives from the City Manager's office, Sheriff's Department, City Attorney's office and Parks & Recreation, have conducted a thorough review of this section. The provisions of this section of the Municipal Code have been written to address many concerns commonly encountered in Parks & Public Places throughout the community. Revisions to this document in relation to the Los Angeles County Code include regulations relating to bodies of water, islands in parks, and overnight camping prohibition. This was done simply because these items are not applicable to Santa Clarita. An entire chapter( on botanic gardens has been removed as well as restrictions on use of beaches. RECOMMENDATION That the City Council conduct a first reading of Ordinance 90-12, Parks & Other Public Places Ordinance and pass to second reading. ATTACHMENT Ordinance 90-12 Adopted: ' 9 Agenda Item: ORDINANCE NO. 90-12 A SUMMARY OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL CODE TO ADOPT TITLE 14, RELATING TO PARKS AND OTHER PUBLIC PLACES. SECTION 1. The Santa Clarita Municipal Code is amended to add Title 14, relating to parks and other public places, to read as follows: TITLE 14. PARKS AND OTHER PUBLIC PLACES Chapter 14.02 Definitions Chapter 14.04 General Provisions Chapter 14.06 Park Rules and Regulations Chapter 14.08 Riding and Hiking Trails SECTION 2. The provisions of Section 1 of this ordinance specifically supersede Title 17 of the Los Angeles County Code, previously incorporated by reference as a portion of the Santa Clarita Municipal Code. SECTION 3. The City Clerk shall cause a summary of this Ordinance to be published land a certified copy of the full text to be posted in the office of the Clerk at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. Within fifteen (15) days following the adoption of this Ordinance, the City Clerk shall again publish a summary of the Ordinance with the names of those City Councilmembers voting for and against the Ordinance and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of the adopted Ordinance along with the names of those City Councilmembers voting for and against the Ordinance. PASSED AND APPROVED this 29th day of May = , 1990. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, George Caravalho , City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 90-12 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of May , 1990. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 29th day.of May , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boyer, Heidt, Klajic, McKeon, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ORDINANCE NO. 90-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL CODE TO ADOPT TITLE 14, RELATING TO PARKS AND OTHER PUBLIC PLACES THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Santa Clarita Municipal Code is amended to add Title 14, relating to parks and other public places, to read as follows: r'4 \ Title 14 PARKS AND OTHER PUBLIC PLACES Chapter 14.02 DEFINITIONS 14.02.010 As used in this chapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended. A. Alcoholic beverages. "Alcoholic beverages" means alcohol, spirits, liquor, wine, beer and every liquid containing one-half of one percent (0.005%) or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. B. Director. "Director" means the director of parks and recreation, or other person authorized by the director pursuant to law. C. Motor vehicles. "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." D. Narcotics and dangerous drugs. "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. E. Park. "Park" means every park, roadside rest, golf course, riding and hiking trail, open space easement to which the public has an unrestricted right of access and use for park or recreation purposes, and every other recreation facility owned, managed or controlled by the City and under the jurisdiction of the director. Chapter 14.04 GENERAL PROVISIONS 14.04.010 Title for citation. The ordinance codified in this chapter shall be known as and may be cited as the "park ordinance." TBM/WP/COD81025 -1- i .0 14.04.020 Delegation of powers. Whenever a power is granted to or a duty is posed upon the director 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 director, except as otherwise provided by this chapter. 14.04.030 Facilities under director's control designated - Enforcement authority. The director is vested with authority over and control of all facilities owned, leased, controlled, constructed or maintained by a lessee or private fee owner in any park, 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 chapter. 14.04.040 Signs - Placement and maintenance authority - Obedience required. The director 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 chapter, or to insure public and orderly and efficient use of any park or park waters. A person shall not fail to obey any sign, notice, signal, control device or buoy placed or erected pursuant to this section. 14.04.050 Compliance with chapter. provisions - Ejection of violators authorized when. Perm's-sion to be within the limits of any park or park waters, as defined by this chapter, or to use any facilities, is conditioned on the person present in park or park waters complying with all applicable provisions of this chapter other applicable laws, ordinances, rules and regulations. A violation of any provision of this chapter or of any order, rule or regulation authorized by this chapter, or of any other applicable law, ordinance, rule or regulation shall result in the person so violating being a trespasser, and a peace officer or the director may eject any such person from a park. 14.04.060 Enforcement authority.' Except as specifically provided in this chapter, the director shall enforce the provisions of this chapter. 14.04.070 Liability limitations. A person exercising any of the privileges authorized by this chapter 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. TBM/WP/COD81025 -2- Chapter 14.06 PARK RULES AND REGULATIONS 14.06.010 Applicability of regulations. The ,following rules and regulations apply to all parks in the City except as otherwise expressly stated. 14.06.020 Hours of operation. A person shall not enter, be or remain in any park or in any building in any park between the hours of 10:00 p.m. and sunrise on the following day except as authorized by a written permit issued by the director. The director may, from time to time, change the hours of use as stated above for any event or individual park. All persons shall comply with such changed hours. A person shall not park or cause to be parked any motor vehicle in any park or parking facility for such park between the hours of 10:00 p.m. and sunrise or the following day. 14.06.030 Park property and vegetation - Damaging or removing prohibited - Exception. It shall be punishable as a misdemeanor for any person, other than a duly authorized park employee in the performance of his duties, to: A. Dig, remove, destroy, injur.e--`mutilate or cut any tree, plant, shrub, grass, fruit or flower, or any portion thereof, growing in the park; B. Remove any wood, turf, grass, soil, rock, sand or gravel from any park; C. Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a park 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. 14.06.060 Motor vehicle restrictions - Parking. A person shall not bring to or operate in any park any motor vehicle except at such times and at such places as permitted by the director in written regulations or permits issued from time to time, 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 except in areas designated by the director for parking. -3- TBM/WP/COD81025 9 • 14.06.070 House trailers and other camping vehicles. A person shall not bring a house trailer or other recreation travel trailer type vehicle which can be used for overnight sleeping purposes into any park not having a designated overnight camping area except when authorized by the director for firefighting or other public emergencies. 14.06.080 Overnight camping restrictions - Permit issuance conditions. A. A person shall not camp or sleep overnight in any park except where a family -type camping area is so designated, and then only in accordance with the rules and regulations governing the use of such area. The director may issue a permit to any youth group of a character -building nature and to any special-interest group permitting its members as a group to camp overnight at a designated location in a park if the director finds: 1. That, in the case of a youth group, 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 be supervised during such camping by an adequate number of responsible adults and such overnight camping will not interfere with or in any way be detrimental to the park 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, including the adult supervisors, may camp at the time, location and under the conditions specified in the permit. 14.06.090 Animals - Prohibited when. A person shall not bring into a park 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 director. Violation of this section is punishable as a misdemeanor.. 14.06.100 Dogs only bring and maintain in dog or cat if such dog or under full control of its permission of the director programs. TBM/WP/COD81025 and cats permitted when. A person may any park, exclusive of golf courses, a cat is kept on a leash or chain and owner or custodian, or upon written when required for authorized park -4- 0 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 areas upon written permission of the director, subject to the regulations of such use permit. Violation of this section is punishable as a misdemeanor. 14.06.130 Disturbances prohibited. It shall be a misdemeanor for any person to disturb the peace and quiet of any park by: A. Any unduly loud or unusual noise; or B. Tooting, blowing or sounding any siren, horn, signal or noise -making device; or C. Any obscene, violent or riotous conduct; or D. The use of any vulgar, profane or indecent language therein. 14.06.140 Alcoholic beverages and narcotics or dangerous drugs. A person shall not enter, be or remain in any park while in possession of, transporting, arising, selling, giving away or consuming any alcoholic beverage except at a concession facility duly authorized by the',-C`ity Council and properly licensed or in connection with a special event duly authorized by the director of the department of parks and recreation 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 while in possession or transporting, arising, selling, giving away or consuming any narcotics and dangerous drugs. Violation of this section is punishable as a misdemeanor. 14.06.150 Public intoxication prohibited. A person shall not enter, remain or be in any park while he or she is under the influence of any alcoholic beverage or narcotic and dangerous drug. 14.06.160 Soliciting for or selling merchandise - Restrictions. A person shall not solicit in any manner or for any purpose, or sell or offer for sale any goods, wares or merchandise, or distribute or pass out any handbill, advertising matter or literature therein except when found by the city council or director to be consistent with the policies of the department of parks and recreation or to promote the programs of said department, under conditions prescribed by the city council or director. -5- TBM/WP/COD81025 14.06.180 Nudity and disrobing prohibited - Excpetions. A. No person shall appear, bathe, sunbathe, walk, change clothes, disrobe or be in any park in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, but- tocks, 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, except in those portions of a comfort station, if any, expressly set aside for such purpose. Violation of this section is punishable as a misdemeanor. B. This section shall not apply to persons under the age of 10 years, provided such children are sufficiently clothed to conform to accepted community standards. C. This section shall not apply to persons engaged in a live theatrical performance in a theater, concert hall or similar establishment which is primarily devoted to theatrical performances. 14.06.190 Washing dishes or polluting water. A person shall not place in any park waters any edible matter, dish or utensil, or wash or cleanse in any park waters any such edible matter, dish or utensil, or commit any nuisance in or near such waters, or pollute any parks' waters, or bathe, swim or wade in park waters except at places and times designated by the director. 14.06.195 Rubbish disposal. A person shall not throw, place or dispose of any garbage, refuse, waste paper, bottles or cans in any place in a park 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 for the purpose of disposing any such receptacle. 14.06.200 Concessions and other 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, 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 director find that any facility or water area under concession or lease is not so maintained, the director shall in writing notify said concession- aire, lessee, agent, manager or other person in charge of said facility or area to immediately commence and diligently prosecute to completion the necessary correction of the sanitary condition to the satisfaction of the director. Failure to do so with -6- TBM/WP/COD81025 reasonable dispatch shall be cause for the director 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. 14.06.220 Fires. A person shall not light or maintain any fire in any park other than in a stove, fire circle or area designated for such purpose, except upon written authorization from the director. Violation of this section is punishable as a misdemeanor. 14.06.230 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 ay be injured or any structure or vehicle may be damaged thereby. 14.06.240 Firearms and other weapons. A person shall not bring into, discharge, or shoot any firearms, air gun, slingshot, or bow and arrow in any park, except in areas designated for such use. Violation of this provision is punishable as a misdemeanor. 14.06.250 Model airplanes and boats. A person shall not operate model air planes, boats or crafts except in areas designated for such use, and subject to al.l._r.ules and regulations contained in such written permission. 14.06.260 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. 14.06.270 Golf prohibited. No person shall play the game of golf in any of its form 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. 14.06.280 Roller skating and skateboards prohibited. No person shall operate any roller skates, as that term is defined at section 12.08.160 of this code, or skateboard, as that term is defined at section 12.08.155 of this code, in any park, except upon the approval of the director. -7- TBM/WP/COD81025 Chapter 14.08 RIDING AND HIKING TRAILS 14.08.010 Operation of motor vehicles prohibited where. 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 trial 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 of this chapter. Violation of this section is punishable as a misdemeanor. -8- TBM/WP/COD81025 tbm/ORN16370 • SECTION 2. The provisions of Section 1 of this ordinance specifically supersede Title 17 of the Los Angeles County Code, previously incorporated by reference as a portion of the Santa Clarita Municipal Code. SECTION 3. The City Clerk shall certify to the adoption of this ordinance and cause a copy of this ordinance, or a summary of this ordinance, to be published in the manner prescribed by law. 19-qQ . PASSED AND APPROVED this 29th day of May , rZyXTST1111 ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I , George Caravalho , City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. g0_i? was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of May , 19 90 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 29thday of May , 19 90, by the following vote, to wit: AYES: COUNCILMEMBERS: Boyer, Heidt, Klajic, McKeon, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK