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Ord 54ORDINANCE NO. 54 AN ORDINANCE OF THE CITY OF POWAY ADOPTING RULES AND REGUI2%TIONS FOR OPERATION OF CITY OF POWAY RECREATIONAL FACILITIES AND SUPERSEDING ALL PREVIOUSLY ADOPTED ORDINANCES OF THE POWAY MUNICIPAL WATER DISTRICT RELATING TO RULES AND REGULATIONS FOR OPERATION OF THE LAKE POWAY RECREATIONAL FACILITIES WHEREAS, Rules and Regulations for Operation of City of Poway Recreational Facilities have been established to provide for the public health, safety, and welfare; and WHEREAS, changes have been proposed due to the addition of facilities and update of fee structure; and WHEREAS, these changes are recommended to the City Council for adoption by the Council's Parks and Recreation Committee. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Poway as follows: 1. That RULES AND REGULATIONS FOR OPERATION OF CITY OF POWAY RECREATIONAL FACILITIES are hereby adopted in the form attached. 2. That fees for use of sa:id facilities shall be adopted by Resolution. 3. That Ordinance No. 66-79 and all previous actions contrary to this Ordinance are hereby repealed. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 16th day of March, 1982 and thereafter PASSED and ADOPTED at a regular meeting of said City Council held the 23rd day of March, 1982 by the following roll call vote: AYES: Emery, Oravec, Shepardson, Tarzy, Rexrode NOES: None ABSENT:None ATTEST: Marjor~e K. Wahlsten, City Clerk Robert C. Emery, y~--~ RULES AND REGULATIONS FOR OPERATION OF CITY OF POWAY RECREATIONAL FACILITIES TABLE OF CONTENTS Page Number Section 1: GENERAL POLICY ................... 1 Section 2: DEFINITIONS ............. 2.1 CITY COUNCIL 2.2 CITY 2.3 RECREATION FACILITIES 2.4 EMPLOYEE 2.5 CITY MANAGER 2.6 DIRECTOR OF COMMUNITY SERVICES 2.7 CAMPING AREA 2.8 RULES AND REGULATIONS 2.9 LEISURE PROGRAMS 2.10 PUBLIC AGENCIES 2.11 SERVICE CLUBS OR ORGANIZATIONS 2.12 PRIVATE RESIDENT GROUPS 2.13 NON-RESIDENT GROUPS 2.14 COMMERCIAL GROUPS Section 3 AUTHORITY ...................... 2 3.1 AUTHORITY 3.2 VIOLATIONS 3.3 APPLICATION AND OTHER LAWS 3.4 ENFORCEMENT 3.5 LIMIT OF CITY LIABILITY 3.6 LIMITATIONS ON USE Section 4 HOURS OF OPERATION ................. 4 4.1 CITY PARKS 4.2 CITY PARK BUILDINGS 4.3 LAKE POWAY 4.4 CAMPING HOURS 4.5 SPECIAL PERMIT 4.6 CLOSURE Section 5 REGULATIONS - CITY PARKS .............. 5 5.1 INTOXICANTS AND DRUGS 5.2 ALCOHOLIC HEVERAGES 5.3 WEAPONS AND FIREWORKS 5.4 FIRE 5.5 VEHICLE USE AND PARKING 5.6 REMOVAL/DEFACEMENT OF PROPERTY 5.7 ANIMALS 5.8 'GATHERING WOOD 5.9 CURFEW 5.10 LEAVING 5.11 CLOSED AREAS Page Number 5.12 PEACE AND QUIET 5.13 ENTERTAINMENT 5.14 SOLICITING, SELLING AND ADVERTISING 5.15 DECORATIONS 5.16 WASTE WATER 5.17 HUMAN WASTE - TOILETS Section 6 FISHING AND BOATING REGULATIONS ........... 7 6.1 LAKE USE PERMITS REQUIRED 6.2 STATE LICENSE/LAWS 6.3 CATCHES BY CHILDREN 6.4 NO FISHING AREAS 6.5 CATCH LIMITATION 6.6 SWIMMING 6.7 FISH CLEANING 6.8 PERMITS 6.9 PRIVATE BOATS/GASOLINE MOTORS 6.10 SAFETY Section 7 PERMITS AND FEES .................. 8 7.1 FEES 7.2 APPLICATION 7.3 REFUND FOR INCLEMENT WEATHER 7.4 CANCELLATION 7.5 WAIVER Fee Schedule ............................ 10 CITY OF POWAY COS~JNITY SERVICES DEPARTMENT RULES AND REGULATIONS FOR OPERATION OF CITY RECREATIONAL FACILITIES Section 1: GENERAL POLICY The primary use of the recreation buildings and facilities is for leisure activities of a constructive recreational nature both active and passive, which are conduced by the-Community Services Department for the residents of the City of Poway. 1.2 City sponsored activities and groups and public agencies will have priority use of the facilities. When a conflict occurs, facility use permits held by non-sponsored groups may be cancelled by the Director of Community Services or his designated representative. As a rule, a minimum of two weeks notice will be given groups when a use permit is to be cancelled. 1.3 The City of Powav is not liable for accidents, lnjury or loss of individual property in its buildings or facilities. 1.4 Permissi0n~to use the buil~in~ is granted by permit only and users are subject to observance of all City regulations. Permits may be revoked for vlolation of any City regulations. Sectlon 2: DEFINITIONS 2.1 CITY COUNCIL is the City Council of the City of Poway. 2.2 CITY is the City of Poway. 2.3 RECREATION FACILITIES are designated as City parks by the City Council including all land, water, road, improvements and facili- ties therein. 2.4 EMPLOYEE is a member Council or the Clty recreation facilities regulations. of the City staff designated by the City Manager to supervise the public use of the in compliance w~th the adopted rules and 2.5 CITY MANAGER is the Clty Manager of the City of Poway. 2.6 DIRECTOR OF COMMUNITY SERVICES ~s the Director of Community Serv- ices for the City of Poway. 2.7 CAMPING AREA is any area within the recreatlon facilities specifi- cally designated for this purpose. 2.8 2.9 2.10 2.11 2.12 2.13 2.14 3.1 3.2 RULES and REGULATIONS are duly adopted by the City Council. LEISURE PROGRAMS Proqrams organized, sponsored and/or conducted by the Community Services Department. PUBLIC AGENCIES Agencies serving the City of Poway such as School Districts, State of California, San Dieqo County, etc. SERVICE CLUBS OR ORGANIZATIONS Those clubs and organizations from PowaV that are non-profit qroups which restrict no person from membership because of race, religion, .social or economic status and that does not have a closed membership with at least a majority of the membership being residents of the City of Poway. PRIVATE RESIDENT GROUPS Youth or adult groups not open to the general public and which are using the recreational facilities for private purposes. In this group are organizations, such as lodqes, fraternal orqanizations, political organizations, wedding receotions, parties, associations, which are made up of, at least 50%, residents from the City of Poway. NON RESIDENT GROUPS Youth or adult groups that are non residents of the City of Poway. This may consist of clubs, orqanizations, weddinq receptions, or parties. COMMERCIAL GROUPS Profit making organizations associated with a resident or non resident business. This group may consist of businesses and training workshops. Section 3 AUTHORITY AUTHORITY These rules and requlations are adopted pursuant to State Law. The City Council may, from time to time by resolution, adopt additional rules supplementary to and consistent with these regulations and when so adopted, they shall have the same force and effect. VIOLATIONS Violation of City Regulations relating to vehicle or boat speed limits, defacement of City property, the use, possession or dis- charge of firearms, weapons or fireworks, the creation of fire hazards, being under the influence of intoxicatinq beverages or dangerous drugs, or remalnlnq on, or reentering City premises after an authorized City officer or employee has specifically withdrawn consent for a person to utilize City facilities, is a misdemeanor punishable by lmprisonment of not more than six (6) months or a fine not exceedin~ $500.00, or both. Violation of any other City Regulation for Recreation Facilities is an infraction · punishable by a fine not exceeding $500.00. 3.3 3.4 3.5 3.6 APPLICATION AND OTHER LAWS. In Addition to City regulations, all other applicable Federal, State or County laws, ordinances, regulations and rules, including those relating to public health, sanitation and safety, are bind- ing upon all persons within the recreation facilitles. ENFORCEMENT. Ail persons found or observed violating any of these regulations by an employee of the City will be ordered to leave the recreation facility. No one shall obstruct or interfer in any manner with an employee of the Clty in the exercise of his or her duties. LIMIT OF CITY LIABILITY Ail persons enterin~ upon, remaining within, or using the recrea- tion facilities shall do so entirely at their own risk. Neither the City, its Council, offlcers or employees shall be liable for any personal injuries or property damages or losses incurred by anyone entering upon, remaining within or using the recreation facilities. LIMITATIONS ON USE The use of facilities must be compatible with the established purpose of that recreational facility. Use shall not include business or co~ercial activities, except by special agreement with the ~City of Poway Community Services Department and ~ust be within the allotted permit time. Permit time schedules and charges must include all preparation and set-up time, as well as clean-up t~me. The settlng up of tables, chairs, etc., and storage of same at the conclusion of the activity is the responsibillty of the permittee. Control of lights, keys, locks and locking of doors, gates, etc., will be the responsibllity of the Community Services employee on duty. The duty employee or his assistant is authorized to refuse the use of the recreation facility, or any portion thereof, to any person whose use, in the sole judgment of the employee, would constitute a hazard to the health and safety of that person or others. Section 4 HOURS OF OPERATION 4.1 CITY PARKS City recreation areas shall be open from sunrise to sunset or as posted. 4.2 CITY PARK BUILDINGS Lake Poway Permit Office Winter: Sunrise to 5 P.M. Sprin~/Summer: Sunrise to 9 P.M. Poway Communlty Center Office Monday - Friday: 8 A.M. to 10 F.M. Saturday & Sunday: 9 A.M. to 5 P.M. 4.3 4.4 4.5 4.6 Rental Building Availability Sunday - Thursday: 8 A.M. to 11 P.M. Friday - Saturday: 8 A.M. to 12 midnight Additional fee is assessed after normal office hours. LAKE POWAY Fishing shall be conducted on days of the week as established from time to time by the City Council. CAMPING HOURS The overnight camping area shall be available for Friday and Saturday nights of each month from 6 A.M. on Friday to 4 P.M. on Sunday, unless prior approval in writing is obtained from the Director of Community Services. No person without a valid camping permit shall camp overnight. No person shall enter upon, remain within, or use the camping area for any purpose whatsoever other than at times set forth in this section or in the permit. No person under 18 years of age may camp overnight unless accom- panied by an adult. Said adult, if not the parent, must possess written parental or guardian permission and hold harmless agreement for that minor. This requirement may be waived if an eligible youth group has, or will, obtain its own consents and will itself undertake the required indemnity and hold harmless agreement. The hold harmless agreement must be filed with the City at least twenty-four (24) hours before the beginning of the camping period. Each youth group using the facility must be accompanied by a responsible adult(s) who guarantees observance of the established rules. SPECIAL PERMIT The Director of Community Services, by special written permit, may provide under exceptional circumstances, for eligible youth groups and the public to camp at other times and in greater numbers than otherwise provided in this section. CLOSURE The recreation facilities, or portions thereof, shall be open or closed when deemed necessary within the discretion of the Director of Community Services. The City Council, City Manager or any employee of the City desig- nated by them are hereby authorized to close the recreation facilities for and during such times as are necessary for its management, maintenance, repair, protection or conservation and for the safety of the public. Section 5 REGULATIONS - CITY PARKS 5.1 INTOXICANTS AND DRUGS Being under the influence of any intoxicating beverages or danger- ous drugs and other substances prohibited by the California Health and Safety Code is prohibited. 5.2 5.3 ALCOHOLIC BEVERAGES Alcoholic beverages may be used in designated facilities by special permit from the City. When alcoholic beverages are per- mitted, a security person or persons must be present as approve~ by the Director of Community Services. WEAPONS AND FIREWORKS The use, transportation, carrying, firing, or discharge of any fireworks, firearm, air qun, archery device, slingshot, or explo- sive of any kind is prohibited, except as provided for in the California Penal Code, Sections 12031 and 12050. 5.4 FIRE To build, liaht, kindle, or maintain a fire in any place other than areas or facilities specifically built and designated by the City, or to leave any fire unattended, throw away any lighted tobacco product, any bur~ing or combustible material, or other matter that could cause a fire hazard is prohibited. Charcoal cooking fires may be maintained in portable barbecues or camp stoves approved by the employee on duty. To avoid being a fire hazard coals must be extinguished and placed in a fire ring after use. 5.5 5.6 VEHICLE USE AND PARKING Operation of an automobile, bicycle, truck, trailer or vehicle of any description other than upon designated open and paved roads or in other than designated parking areas is prohibited, vehicles of any description shall not be operated at a speed greater than is reasonable or prudent, and in no event at a speed greater than ten (10) miles per hour. Unlicensed self-propelled vehicles, which are not equipped for use on the public highways of the State of California shall not be allowed. CleaninG, washing, ~olishing, or making other than emergency repairs upon any vehicle is prohibIted. REMOVAL/DEFACEMENT OF PROPERTY TO move any trash receptacle or other City property from where it was placed by the City is prohibited. No one shall in any way deface or mutilate any tree, fence, wall, building, railing, playground, or playground equipment, p~cn~c structure, monument or any other fixture or improvement. Removing a "reserved" sign or .willfully occupy~n~ and holdin~ a camp slte, building or facility 5.7 5.8 5.9 5.10 5.11 5.12 5.13 which has been reserved and for which a valid permit has been issued, is not permitted. Users or permittee will be personally responsible for all damage to the building, and shall be respon- sible for reimbursing the City for any loss or damage to City property, caused by such use. ANIMALS Dogs are prohibited in the developed areas. Ail dogs are to be securely leashed at all times by a chain or rope, not more than six (6) feet in length in undeveloped areas. No dogs, horses, or other animals are allowed within one-hundred (100) feet of Lake Poway. Horses and other hoofed animals sh~ll not be allowed, maintained, ridden, lead or hitched other than upon roads, trails and areas specifically posted for equestrian activity. Controlled and supervised animal shows may be allowed with prior written approval of the Director of Community Services. GATHERING WOOD Gathering wood from natural or landscaped purpose including fires is prohibited. vegitation for any CURFEW No one shall violate curfew hours as established at the following locations: LAKE POWAY'- as posted at ~he entrance and' at the permit office. COMMUNITY CENTER - as posted at the Community Center office. GARDEN ROAD PARK - sunrise to sunset. LEAVING Entering any portion of the recreation area not a camping area, is not permitted after closing (Park siren designates closing hour). All groups are expected to leave the premises in the same condi- tion in which they were found. The kitchen facilities must be left clean and all utensils washed and put away. CLOSED AREAS No one shall enter any posted restricted or closed area. PEACE AND QUIET No one shall disturb the peace and quiet by any loud or unusual noise, or by the sounding of automobile horns or noise-making devices, or by the use of profane, obscene or abusive language or gestures. Operation of musical equipment or instruments and/or electronic sound reproduction equipment including television, radio and tape deck in excess of the noise standards established by Section 36.401 - 36.433 of The City of Poway Regulatory Ordinance is not permitted. ENTERTAINMENT No one shall set up or maintain any exhibition, show performance, concert, place of amusement, lecture, oration or concert hall without permission to do so from the City Council. 5.14 SOLICITING, SELLING AND ADVERTISING NO one shall vend, offer for sale, or dispose of any goods, wares or merchandise, or conduct any business unless authorized to do so in writing by the City Manager, or distribute, circulate, give away or throw or deposit any hand bills, circulars, pamphlets, tracts, dodgers or advertisements, or post, or affix to any tree, fence or structure any such hand bill, circular, Damphlet, tract, dodger or advertisement, unless authorized to do so in writinq by the City Manager. 5.15 DECORATIONS Users must comply with the Health and Safety Code pertaining to the flameproofing of all decorations. Decorations will be permit- ted only upon approval in writinq of the Director Con~nunity Services. All decorations must be removed upon the conclusion of the event. Users or permittees will be personally responsible for all damages to the building or appurtenances thereof and shall be responsible for reimbursing the City for any loss or damage to City property by such use. 5.16 WASTE WATER No one shall dump any waste water, including dishwater, any place other than into toilets at designated restroom facilities or as directed by the employee on duty. 5.17 HUMAN WASTE - TOILETS No person shall dePosit or within the recreation area facilities. cause to be dePosited human wastes other than in designated sanitary Section 6 FISHING AND BOATING REGULATIONS 6.1 LAKE USE PERMITS REQUIRED Possession of a valid lake use permit is required of every person using Lake Poway who possesses any fishing gear or occupies a boat containinq Any fishing gear. No permit shall be issued to any one age 7 years or younqer unless accomoanied by a person of age 16 or older possessinq a valid permit. 6.2 STATE LICENSE/LAWS All persons fishinq in Lake Poway shall have a valid State of California fishinq license, shall not possess fish In excess of posted limits and shall observe all state fish and Game laws and requlatlons. 6.3 CATCHES BY CHILDREN The catches of any child age 7 years or younqer shall apply to the limit of the accompanyinq adult. 6.4 NO FISHING AREAS No person shall fish from or within 100 feet of any boat ramp, boat float, buoy, or other floatin~ structure other than a desig- nated fishing float or from or within any other posted area. 6.5 CATCH LIMITATION NO largemouth Bass under twelve inches in total length shall be taken from Lake Poway. organic or Lake Poway, receptacles. prohibited. 6.6 SWIMMING No person shall swim, wade (with or without waders or hipboots), bathe, wash, clean fish, clean any article or make any other direct human contact with the waters of Lake Poway or engage in any activity which may tend to cause pollution. 6.7 CLEANING No person shall deposit or cause to be deposited, food scraps, fish remains, paper, bottles, cans or any other waste material, inorganic, into the water or along the shoreline of or within the recreation area other than designated Cleaning fish at other than designated facilities is 6.8 PERMITS 6.9 6.10 Possession of a valid boat permit is required for each boat on Lake Poway. A permit shall not be issued to any person under age 16 without a city issued Boating Safety Card. Full day permits will be issued before noon on fishing days. Half day permits will not be issued until noon on fishing days. PRIVATE BOATS/GASOLINE MOTORS The use of any type of private boat or private gasoline motors on Lake Poway is prohibited. SAFETY No boat shall be operated on Lake Poway: a. unless occupied by at least one responsible person age 16 years or older, or a holder of a City issued Boating Safety Card~ b. with more passengers than its assigned capacity; c. within 100 feet of any fishing float; d. within any area as posted; e. in an unsafe manner. Section 7 PERMITS AND FEES Required permits for use are to be in possession at all times during use of facilities and to be presented to any employee of the City upon request. 7.1 FEES The schedule of fees will be set from time to time by Resolution of the City Council and available at City Hall, Lake Poway, and -the Con, unity Center. 7.2 7.3 7.4 7.5 APPLICATION Permits for the use of City park facilities and buildings will be issued no sooner than ninety (90) days nor later than seven (7) days in advance of the requested use. Rental charges must be paid at the time of application. Permits will be issued at the time of payment. Ail permits shall be issued and be valid subject to the following conditions: a. advance cash payment; b. non transferable; c. non refundable; d. valid for day of issuance only; e. revocable, without refund, for violation of any City Regula- tions or Rules, adopted pursuant to these regulations. As a recreational facility for public use, no private instruc- tion group or sponsored groups using such facilities shall charge a fee, except by special agreement with the Community Services Department. Regular religious services shall not be permitted on recreational facilities. City or Community Services Department functions take precedence over all other activities. REFUND FOR INCLEMENT WEATHER Refund of deposit and/or application fees paid to City ~ill be made in case of inclement weather conditions only after the deduc- tion of any costs incurred by the City for the requested use. CANCELLATION Cancellations for facilities received less than seven (7) days prior to the scheduled use will be charged $10.00. No refunds will be made for cancellations within three (3) days of the sche- duled use. WAIVER Service clubs or organizations as defined in Section 2.11 may be granted a waiver of fees upon proof that the requested use is for a viable charitable cause. The request must be in writing and approved by the Director of Community Services.