Item 3.2 - Ordinance Amending PMC-Community Svs Facility Use Rules & RegulationsG`t l OF POIPi�J
City of Poway
TyF THE GG
W IN COUNCIL AGENDA REPORT
Gary Ja
APPROVED
APPROVED AS AMENDED D
(SEE MINUTES)
DENIED O
REMOVED O
CONTINUED
RESOLUTION NO.
DATE: April 1, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Tina M. White, Interim City Manager-O
INITIATED BY: Robin Bettin, Director of Community Services /'
SUBJECT: Adoption of Ordinance Amending Chapter 9.48 of the Poway
Municipal Code, Regarding Community Services Department
Facility Use Rules and Regulations
Summary:
The Community Services Facility Use Rules and Regulations policy contains the
provisions of Chapter 9.48 of the Poway Municipal Code (PMC) establishing rules and
regulations for use of City facilities operated by the Community Services Department.
An update to the policy will be presented to the City Council on an upcoming agenda.
In order for the updated policy and Chapter 9.48 of the PMC to remain consistent, staff
is presenting the proposed Ordinance revising three sections of Chapter 9.48 of the
PMC.
Recommended Action:
It is recommended that the City Council introduce and hold the first reading of an
Ordinance of the City of Poway amending Sections 9.48.130, 9.48.270, and 9.48.310 of
Chapter 9.48 of the Poway Municipal Code to update provisions relating to fire hazards,
consumption of alcoholic beverages, and exclusion from a Community Services facility,
and schedule the second reading by title only for the April 15, 2014, City Council
Meeting.
Background:
On December 20, 2005, the City Council adopted Ordinance No. 630, enacting a new
Chapter 9.48 of the PMC regarding Community Services Department Facility Rules and
Regulations. The provisions expanded the scope of facilities operated by the
Community Services Department to include cultural facilities and natural resource
areas, in addition to traditional parks and recreation facilities.
On December 18, 2007, the Poway City Council adopted Resolution No. 07 -088
establishing the Community Services Department Facility Use Rules and Regulations
Policy. The policy can be added to or amended in part by Resolution or Ordinance of
the City Council.
1 of 11 April 1, 2014 Item # 3.2
Ordinance Amending Chapter 9.48 of the PMC
April 1, 2014
Page 2
An updated Community Services Department Facility Rules and Regulations Policy and
updated Community Services Department Programming and Facility Use Fee Policy will
be placed on an upcoming City Council agenda.
Findings:
Rules and regulations for the operation and use of park, recreation, and cultural facilities
have been adopted by the City Council to ensure the health, safety, and welfare of the
public. It is necessary to periodically update the rules and regulations to reflect changes
in operations that have been made for the continued benefit and safety of facility users.
Staff is currently preparing updated rules for consideration by Council at a future
meeting.
In order for the updated policy and the PMC to remain consistent, staff recommends
minor revisions to three sections of Chapter 9.48:
1. Section 9.48.130 of the PMC does not allow anyone to ignite a fire in any location
in a City Community Services facility except in a campfire or cooking area
provided by the City.
The proposed revision will allow the Director of Community Services to approve
an exception for standard cake candles less than four inches that can be easily
blown out, and standard "sterno" cans used only to heat chafing dishes. The
Poway Fire Department was consulted and has no objections to this provision.
2. Section 9.48.270 of the PMC prohibits the consumption of alcoholic beverages in
Community Services facilities between 9 :00 p.m. and 10:00 a.m., with certain
exceptions. One exception is on Lake Poway or within the high water line, or on
the concession balcony of Lake Poway during the established night fishing
season.
The proposed revision will allow the exception on Lake Poway or within the high
water line, or on the concession balcony of Lake Poway, during established
operating hours.
3. Section 9.48.310 of the PMC allows Community Services site personnel to
remove a person from a facility for violating any provision of the Chapter, which
protects the health or safety of others, after that person fails or refuses to comply
with direction from site personnel. The person can be prohibited from returning
to the facility for up to 30 days. The person may be prohibited from returning to
the facility for up to 180 days for a similar or repeated violation. The directive
2 of 11 April 1, 21014 Item # 3.2
Ordinance Amending Chapter 9.48 of the PMC
April 1, 2014
Page 3
excluding a person from a Community Services facility for a period longer than
24 hours must be in writing. Directives are appealable to the City Manager.
The proposed revision allows Community Services site personnel to give a verbal
directive for a period up to 72 hours. Directives for a period longer than 72 hours
must be in writing and cannot exceed 180 days. Directives are still appealable to
the City Manager.
Fiscal Impact:
None.
Environmental Review:
Environmental review is not required according to CEQA guidelines.
Public Notification:
A Notice of the Public Hearing was published in the Poway News Chieftain on
March 20, 2014.
Attachments:
A. Strikethrough Ordinance Amending Sections 9.48.130, 9.48.270, and 9.48.310 of
Chapter 9.48 of the Poway Municipal Code
B. Ordinance Amending Sections 9.48.130, 9.48.270, and 9.48.310 of Chapter 9.48
of the Poway Municipal Code
3 of 11 April 1, 21D14 Item # 3_2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING SECTIONS 9.48.130, 9.48.270, and 9.48.310 OF CHAPTER 9.48 OF THE
POWAY MUNICIPAL CODE, REGARDING COMMUNITY SERVICES DEPARTMENT
FACILITY USE RULES AND REGULATIONS
WHEREAS, it is the intent of the City Council of the City of Poway in enacting
this ordinance, to provide for the public health, safety, and welfare by regulating the
operation of City of Poway park, recreation, and cultural facilities that fall under the
jurisdiction of the Community Services Department; and
WHEREAS, on December 20, 2005, the Poway City Council enacted Chapter
9.48 of the Poway Municipal Code regarding Community Services Department Facility
Rules and Regulations; and
WHEREAS, it is necessary from time to time to update the rules and regulations
for use of Community Services facilities; and
WHEREAS, minor changes to Chapter 9.48 will bring about changes to better
manage the health, safety and welfare of the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: Sections 9.48.130, 9.48.270, and 9.48.310 of Chapter 9.48 of the
Poway Municipal Code are hereby repealed.
SECTION 2: Section 9.48.130 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read:
9.48.130 Fire hazard.
No person shall ignite, or permit to be ignited, a fire in any location in a City Community
Services facility except in a campfire or cooking area provided by the City. No person
shall throw away any lighted tobacco product, or any burning or combustible material or
other matter that could set fire to grass, shrubs, buildings or any other combustible
substance. Burning tobacco materials may only be disposed of in proper ashtray or
receptacle provided for such purpose. (Ord. 630 § 2, 2005)
An exception may be approved by the Director for standard cake candles less than four
inches that are intended to be easily blown out, and standard "sterno" cans used only
for heating chafing dishes.
4 of 11 ATTACHMENT A April 1, 2014 Item # 3.2
Ordinance No.
Page 2
SECTION 3: Section 9.48.270 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read as follows:
9.48.270 Alcoholic beverages.
A. No person shall transport into a City Community Services facility, or consume upon
the premises of a City Community Services facility, any intoxicating liquors having an
alcoholic content in excess of 20 percent by volume.
B. No person shall consume any alcoholic beverage at any time at the archery range,
in facility parking lots, or a playground area of a City park.
C. Except as expressly provided below, no person shall consume any alcoholic
beverage in any other indoor or outdoor area of a City Community Services facility
between 9:00 p.m. and 10:00 a.m.:
1. On Lake Poway or within the high water line or concession balcony of Lake
Poway during the established operating hours night fishing sease.4; or
2. At the Poway Center for the Performing Arts; or
3 Pursuant to permit issued by the City for a special public event.
D. No person shall consume any alcoholic beverage at any City Community Services
facility during times that it has been rented, with or without remuneration to the City,
to house a youth event. Youth events include rite of passage celebrations such as
bar mitzvahs, bat mitzvahs, quinceneras, "sweet 16" and other birthday parties, in
addition to youth sports team games and parties, and all events involving social
groups whose participants and/or members are primarily under the age of 21 years.
(Ord. 630 § 2, 2005)
SECTION 4: Section 9.48.310 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read as follows:
9.48.310 Directive prohibiting presence in park.
A. Any person who violates any provision of this chapter which protects the health or
safety of any other person, and, after being directed by Community/ Services site
personnel to cease and desist from such conduct, refuses or fails to do so, shall
remove himself from the Community Services facility if so directed by a Community
Services site employee. and may be prehihited fFem Fet irninrr to the Gemmunit
Dnv nnrcnn GRGe
ter yeelates the.
5 of 11 April 1, 21314 Item # 3.2
Ordinance No.
Page 3
same er similar direGtinn by a COMM Rity SeFVi�,nn�R� mp'Gyee may be ovnl61rJo�!
vr-rv� ,
days.-No person
who is ordered excluded from a Community Services facility shall remain upon or
return to the Community Services facility property during the period covered by the
order.
B. The directive excluding a person from a Community Services facility for a period no
longer than 24- seventy -two (72) hours may be in verbal form and reported to the
Director. Directives exceeding seventy -two (72) hours shall be in wriiting, signed by
the Director of Community Services or 14is designee, and shall not exceed one
hundred eighty (180) days. Directives may be appealed to the City Manager or 4 6
designee. Appeal may only be commenced by a written request for a hearing filed in
the office of the City Manager during the period that the person is excluded from the
Community Services facility. The appeal shall be conducted promptly. Formal rules
of evidence shall not apply. The hearing officer shall issue i i - 4 s decision in writing.
The decision of the hearing officer shall be final.
SECTION 5: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after its adoption.
CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk
in accordance with Government Code § 36933.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 1st day of April 2014, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 15th day of April 2014.
Don Higginson, Mayor
6 of 11 April 1, 2014 Item # 3.2
Ordinance No.
Page, 4
ATTEST:
Sheila R. Cobian, CIVIC, City Clerk
STATE OF CALIFORNIA )'
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk, of the City of Poway, do hereby certify that
the foregoing Ordinance No. * * *, was duly adopted by the City Council at a regular
meeting of said City Council held on the 15th day of April 2014, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CIVIC, City Clerk
City of Poway
7 of Ill April 1, 2014 Item # 3.2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING SECTIONS 9.48.130, 9.48.270, and 9.48.310 OF CHAPTER 9.48 OF THE
POWAY MUNICIPAL CODE, REGARDING COMMUNITY SERVICES DEPARTMENT
FACILITY USE RULES AND REGULATIONS -
WHEREAS, it is the intent of the City Council of the City of Poway in enacting
this ordinance, to provide for the public health, safety, and welfare by regulating the
operation of City of Poway park, recreation, and cultural facilities that fall under the
jurisdiction of the Community Services Department; and
WHEREAS, on December 20, 2005, the Poway City Council enacted Chapter
9.48 of the Poway Municipal Code regarding Community Services Department Facility
Rules and Regulations; and
WHEREAS, it is necessary from time to time to update the rules and regulations
for use of Community Services facilities; and
WHEREAS, minor changes to Chapter 9.48 will ,bring about changes to better
manage the health, safety and welfare of the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: Sections 9.48.130, 9.48.270, and 9.48.310 of Chapter 9.48 of the
Poway Municipal Code are hereby repealed.
SECTION 2: Section 9.48.130 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read:
9.48.130 Fire hazard.
No person shall ignite, or permit to be ignited, a fire in any location in a City Community
Services facility except in a campfire or cooking area provided by the City. No person
shall throw away any lighted tobacco product, or any burning or combustible material or
other matter that could set fire to grass, shrubs, buildings or any other combustible
substance. Burning tobacco materials may only be disposed of in proper ashtray or
receptacle provided for such purpose. (Ord. 630 § 2, 2005)
An exception may be approved by the Director for standard cake candles less than four
inches that are intended to be easily blown out, and standard "sterno" cans used only
for heating chafing dishes.
8 of,11 ATTACHMENT B April 1, 2014 Item # 3.2
Ordinance No.
Page 2
SECTION 3: Section 9.48.270 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read as follows:
9.48.270 Alcoholic beverages.
A. No person shall transport into a City Community Services facility, or consume upon
the premises of a City Community Services facility, any intoxicating liquors having an
alcoholic content in excess of 20 percent by volume.
B. No person shall consume any alcoholic beverage at any time at the archery range,
in facility parking lots, or a playground area of a City park.
C. Except as expressly provided below, no person shall consume any alcoholic
beverage in any other indoor or outdoor area of a City Community Services facility
between 9:00 p.m. and 10 :00 a.m.:
1. On Lake Poway or within the high water line or concession balcony of Lake
Poway during the established operating hours; or
2. At the Poway Center for the Performing Arts; or
3. Pursuant to permit issued by the City for a special public event.
D. No person shall consume any alcoholic beverage at any City Community Services
facility during times that it has been rented, with or without remuneration to the City,
to house a youth event. Youth events include rite of passage celebrations such as
bar mitzvahs, bat mitzvahs, quinceneras, "sweet 16" and other birthday parties, in
addition to youth sports team games and parties, and all events involving social
groups whose participants and /or members are primarily under the age of 21 years.
(Ord. 630 § 2, 2005)
SECTION 4: Section 9.48.310 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read as follows:
9.48.310 Directive prohibiting presence in park.
A. Any person who violates any provision of this chapter which protects the health or
safety of any other person, and, after being directed by Community Services site
personnel to cease and desist from such conduct, refuses or fails to do so, shall
remove himself from the Community Services facility if so directed by a Community
Services site employee. No person who is ordered excluded fronn a Community
Services facility shall remain upon or return to the Community Services facility
property during the period covered by the order.
9 of'11 April 1, 2014 Item # 3.2
Ordinance No.
Page 3
B. The directive excluding a person from a Community Services facility for a period no
longer than seventy -two (72) hours may be in verbal form and reported to the
Director. Directives exceeding seventy -two (72) hours shall be in writing, signed by
the Director of Community Services or designee, and shall not exceed one hundred
eighty (180) days. Directives may be appealed to the City Manager or designee.
Appeal may only be commenced by a written request for a hearing filed in r the office
of the City Manager during the period that the person is excluded from the
Community Services facility. The appeal shall be conducted promptly. Formal rules
of evidence shall not apply. The hearing officer shall issue the decision in writing.
The decision of the hearing officer shall be final.
SECTION 5: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after its adoption.
CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk
in accordance with Government Code § 36933.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 1st day of April 2014, and thereafter PASSED AND ,ADOPTED at a
regular meeting of said City Council held the 15th day of April 2014.
Don Higginson, Mayor
10 of 11 April 1, 2014 Item # 3.2
Ordinance No.
Page 4
ATTEST:
Sheila R. Cobian, CIVIC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk, of the City of Poway, do hereby certify that
the foregoing Ordinance No. * * *, was duly adopted by the City Council at a regular
meeting of said City Council held on the 15th day of April 2014, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CIVIC, City Clerk
City of Poway
11 of 11 April 1, 20114 Item # 3_2