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this Ordinance are hereby repealed.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.