Ord 630
ORDINANCE NO. 630
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
REPEALING THE EXISTING CHAPTER 9.48 AND ENACTING A
NEW CHAPTER 9.48 OF THE POWAY MUNICIPAL CODE
REGARDING COMMUNITY SERVICES DEPARTMENT
FACILITY RULES AND REGULATIONS
WHEREAS, the scope of services and purposes of facilities that fall under the
jurisdiction of the Community Services Department fall beyond "recreational" facilities;
and
WHEREAS, verbiage contained with Chapter 9.48 of the Poway Municipal Code
does not recognize this distinction; 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SECTION 1: Chapter 9.48 of the Poway Municipal Code is hereby repealed in its
entirety.
SECTION 2: A new Chapter 9.48 is hereby enacted to read as follows:
CHAPTER 9.48
COMMUNITY SERVICES FACILITY - RULES AND REGULATIONS
Sections:
I. CITY COMMUNITY SERVICES FACILITIES
9.48.010 Definitions.
9.48.020 Director to operate Community Services facilities.
9.48.030 Rules and regulations.
II. PRESERVATION OF CITY COMMUNITY SERVICES
FACILITY FEATURES ANDPUBLlC HEALTH AND SAFETY
9.48.040 Hours of operation for City Parks.
9.48.050 Camping.
9.48.060 Plants.
9.48.070 Mistreating animals.
9.48.080 Geological features.
Ordinance No. 630
Page 2
9.48.090 Special permits.
9.48.100 Defacement prohibited.
9.48.110 Rubbish.
9.48.120 Weapons and firearms.
9.48.130 Fire hazard.
9.48.140 Barbecues.
9.48.150 Toilet facilities.
9.48.160 Water pollution.
9.48.170 Horses or other animals.
9.48.180 Animals - presence.
9.48.190 Closing hours.
9.48.200 Washing or repairing cars.
9.48.210 Speed limits.
9.48.220 Parking.
9.48.230 Children.
9.48.240 Soliciting, selling and advertising.
9.48.250 Entertainment.
9.48.260 Peace and quiet.
9.48.270 Alcoholic beverages.
9.48.280 Pedestrian walkways.
9.48.290 Glass prohibited.
9.48.300 Lawful directives of staff.
9.48.310 Directive prohibiting presence in park.
9.48.320 Skate parks.
9.48.330 Unauthorized vehicles.
I. CITY COMMUNITY SERVICES FACILITIES
9.48.010 Definitions. For the purposes of this chapter, the following definitions
shall apply:
A. "Camp" means to reside in or use a park for living accommodation purposes, as
exemplified by remaining for prolonged or repetitious periods of time not associated with
ordinary recreational use of a park with one's personal possessions (including but not limited
to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils,
cookware and similar material), sleeping or making preparations to sleep, storing personal
belongings as above defined, regularly cooking or consuming meals, or living in a parked
vehicle. These activities constitute camping when it reasonably appears, in light of all the
circumstances, that the participants, in conducting these activities, are in fact using the area
as a living accommodation regardless of the intent of the participants or the nature of any
other activities in which they may also be engaged.
B. "Community Services facility" includes parks, recreation facilities, and cultural
facilities owned by, leased by or under the control of the City and used as defined herein.
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Page 3
C. "Parks" are designated as City parks, recreation areas, and reserves by the City
Council including all land, water, road improvements, parking, and facilities therein.
D. "Recreation facility" is any building that is primarily used for the purpose of
recreation and leisure activities including all land, water, road improvements, parking, and
facilities therein.
E. "Cultural facility" shall include City buildings and outdoor areas that are primarily
used for the purpose of arts, education and nature exploration, including all land, water, road
improvements, parking, and fi;lcilities therein.
F. "Director" means the Director of Community Services or a designated
representative.
G. "Community Services site employee" means any person employed by the City
whose position is assigned to the Community Services Department with duties conducted in
or around any indoor or outdoor City park, recreation facility, or cultural facility or area.
H. "Skate park" means any facility that is designed and maintained for the purpose of
recreational skating. The skate park shall include the fence and the entire area within the
fencing surrounding the skate facility, if the immediate skate facility is fenced.
I. Skateboard" means a board of any material that lacks a handle mechanism, has
wheels attached and such wheels may be used for moving or propulsion.
J. "Scooter" means any wheeled device, motorized or not, that has handlebars and is
designed to be stood or sat upon by the operator.
9.48.020 Director to operate Community Services facilities.
A. The operation of all City Community Services facilities shall be under the control
of the Director subject to the supervision of the City Council.
B. Each Community Services site employee is responsible for enforcing the
provisions of this chapter and the rules and regulations of the Director, and shall take
appropriate action in the case of any violations thereof.
C. Any peace officer shall have the power to make arrests for violations of the
provisions of this chapter and to issue citations for such violations as provided in PMC 1.12.
9.48.030 Rules and Requlations. The Director shall promulgate rules and
regulations for the operation of City Community Services facilities, and fees and charges for
the use of City Community Services facilities, which shall be effective from the time they are
approved by the City Council. Such rules and regulations, or excerpts thereof, shall be
posted in City Community Services facilities if such posting is feasible in the opinion of the
Director; irrespective of posting, copies of such rules and regulations shall be available to
persons desiring copies thereof at the office of the Director during business hours. No person
shall violate and no person shall fail to comply with such rules and regulations.
Ordinance No. 630
Page 4
II. PRESERVATION OF CITY COMMUNITY SERVICES
FACILITY FEATURES ANDPUBLlC HEALTH AND SAFETY
9.48.040 Hours of Operation for Citv Parks. Except as otherwise posted, City
parks shall be open to the public between sunrise and sunset. Except by special permit, no
person shall be present in any City park at any time that the park is not open to the public.
9.48.050 Campina. No person shall camp, lodge or sleep overnight, or between
sunset and sunrise, except in areas specifically designated for such purpose and as may be
permitted by the Director.
9.48.060 Plants. No person shall pick, dig up, mutilate, destroy, injure, disturb,
move, molest, burn or carry away any plant or vegetation, or portion thereof, including aquatic
plants.
9.48.070 Mistreatina Animals. No person shall trap, kill, wound or maltreat any
wild or domesticated bird or animal, and no person shall permit any pet to pursue, trap, kill or
wound any wild or domesticated bird or animal.
9.48.080 Geoloaical features. No person shall destroy, disturb, deface or remove
earth, sand, gravel, oil, minerals, rocks or fossils, features of caves, or any parts thereof.
9.48.090 Special Permits. The Director may grant a permit to remove, destroy or
otherwise disturb plants or animals or geological, historical or archaeological materials upon
finding that such will be in the best interests of the City.
9.48.100 Defacement prohibited. No person shall in any way deface, mutilate or
remove any sign, tree, fence, wall, building, railing, playground equipment, camp or picnic
structure, monument or any other object or structure within a City Community Services
facility. Removing a "reserved" sign or willfully occupying and holding a camp site, area,
building or facility which has been reserved and for which a valid permit has been issued, is
prohibited. Users or permittees will be personally responsible for any damage to a building or
facility and shall be responsible for reimbursing the City for any loss or damage to City
property caused by such use.
9.48.110 Rubbish. No person shall leave, dispose of or throwaway any garbage,
refuse, cans, trash, ashes, bottles, broken glass, or like substances, or any animal carcass, in
any place except containers provided for that purpose; nor shall any person bring any such
substance, except litter accumulated in the course of automobile travel, into a City
Community Services facility for the purpose of disposal thereof in City Community Services
facilities.
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Page 5
9.48.120 Weapons and firearms. No person shall use, transport, carry, fire, or
discharge any firearms, air gun, archery device, slingshot, or explosive of any kind across, in
or into a City Community Services facility provided, however, this prohibition shall not apply to
activities permitted by the Director of Community Services nor the possession or use of any
archery device in or upon a City archery range.
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 throwaway 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 recepticle provided for such purpose.
9.48.140 Barbecues. No person using a barbecue shall permit such barbecue to
remain in an untidy or unsanitary condition, nor shall any such person fail to clear away
therefrom all cooking and eating utensils and waste matter after use thereof. Any person who
uses a barbecue shall, when such use is completed, deposit the coals in the hot ash coal
container.
9.48.150 Toilet facilities. No male person shall resort to nor loiter about any toilet
facilities set apart for women and no female person shall resort to nor loiter about any toilet
facilities set apart for men; provided, this shall not apply to children accompanied by their
father, mother or guardian.
9.48.160 Water Pollution. No person shall place any garbage or other waste, or
any soiled eating or cooking utensils or anything similar, in any stream, lake, pond, pool or at
any hydrant for the purpose of cleaning the same, nor shall any person use any stream, lake,
pond, pool or hydrant for washing or bathing, or for disposal of refuse, or for any activity
which would tend to cause the pollution thereof.
9.48.170 Horses and other animals.
A. No horse or other animal shall be hitched to any tree or shrub or structure in a
manner that may cause damage to Community Services facility property. No person shall
ride, drive, lead or keep a saddled horse or other animal in any City Community Services
facility, except on such roads, trails or other areas as the Director may designate and subject
to such regulations as the Director may promulgate.
B. No person shall hitch any horse within a Community Services facility except for the
duration of the visit to such Community Services facility or pursuant to special permit issued
by the Director of Community Services. No person shall leave or hitch any horse on any
driveway or at any other place except at such place or places as are designated as places for
hitching horses.
9.48.180 Animals - presence
A. Subject to the conditions set out in this section, animals are permitted in City parks
and outdoor areas Community Services facilities during the hours that such areas are open to
the public.
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Page 6
B. Notwithstanding the provisions of subsection (A) of this section, no person shall
bring a dog into, permit a dog to enter into or remain in, or possess a dog in any City
Community Services facility without first having obtained a valid license for such dog.
Evidence of such valid license shall be presented by the person responsible for such dog
when required by a Community Services site staff employee.
C. Except in an area specifically set aside and designated by the Director of
Community Services as a "dog park," all animals in City Community Services facilities shall
be physically restrained at all times, either by being attached to a substantial leash no more
than six feet in length, or by being confined in a tent, trailer, or other appropriate structure.
D. No dogs, horses, or other animals are allowed within one hundred feet of Lake
Poway.
E. Controlled and supervised animal shows may be allowed with prior written approval
of the Director of Community Services and are subject to all conditions and fees stated in the
City's Facility Rules and Regulation Policy.
F. Except as provided in subsections (C) and (E) of this section, no person shall bring
an animal into or permit an animal to enter and/or remain within, or possess an animal within
any structure in a City Community Services facility other than the Lake Poway Animal Facility.
This subsection shall not apply to an assistance dog accompanying or assisting an
unsighted or disabled person there present. For purposes of this section "assistance dog" is
on that has been specially trained as a guide dog, signal dog or service dog.
G. No person shall keep or permit within a City Community Services facility, a noisy,
VICIOUS or dangerous animal, or an animal, which disturbs other persons within the
boundaries of a City Community Services facility after having been directed by a Community
Services site employee to remove such animal.
H. Any person bringing an animal into a City Community Services facility is solely
responsible for the actions of such animal. Any injury inflicted by such animal upon any
person or any damage caused by such animal to any real or personal property shall be
reported to a Community Services site employee.
I. The Director may further regulate animals in, or may exclude animals from, any
City Community Services facility or section of a City Community Services facility where the
Director finds that the presence of animals substantially conflicts with the general use and
enjoyment of such Community Services facilities.
9.48.190 Closina Hours. No person shall remain upon the grounds of a City
Community Services facility or occupy the grounds of such Community Services facilities, or
any part thereof, or use any of the facilities or equipment therein, or permit any vehicle to
remain therein after closing time, as posted, unless authorized by the Director. The Director
may designate and enforce an earlier closing time, which shall be posted, for such grounds or
facilities and for the use of such equipment.
Ordinance No. 630
Page 7
9.48.200 Washina or repalflna cars. No person shall engage in the washing,
cleaning, polishing, repairing, renovating or painting of any vehicle within a City Community
Services facility, except that emergency repairs immediately necessary to render such vehicle
safe may be made.
9.48.210 Speed limits. No person shall drive a vehicle within a City Community
Services facility other than in a reasonable and prudent manner and with due regard for traffic
and road conditions. In no event shall a vehicle be driven at a speed, which endangers the
safety of persons, property or wildlife. No vehicle shall be driven at a speed greater than ten
miles per hour in camp, parking lots, picnic, utility or headquarters area and areas of general
public assemblage, and no vehicle shall be driven at a speed greater than twenty miles per
hour in other areas.
9.48.220 Parkina. No person shall park any vehicle at any City Community
Services facility except for the duration of the visit to such facility or pursuant to special permit
issued by the Director of Community Services. No person shall leave or park any motor
vehicle on any driveway or at any other place except at such place or places as are
designated as places for vehicle parking.
9.48.230 Children. No person shall permit any child under the age of seven years
to play in any playground area, or fish, swim or play in or near any lake or pool unless such
child is attended by an adult.
9.48.240 Solicitina. sellina and advertisina.
A. No person shall sell or offer for sale any goods, wares, articles or merchandise; or
practice, carry on, conduct or solicit for any trade, occupation, business or profession within a
City Community Services facility without the authorization of the Director. Nothing in this
provision shall prohibit sales of articles or solicitations by nonprofit organizations that are
otherwise allowed by law.
B. No person shall distribute, circulate, give away, or throw or deposit any commercial
handbill, circular, pamphlet, tract or advertisement in any Community Services facility within
the City. It is not unlawful for any person to hand out or distribute, without charge to the
receiver thereof, any noncommercial handbill to any person willing to accept it. No person
shall post or affix to any pole, tree, car, fence or structure situated therein any kind of handbill,
circular, pamphlet, tract or advertisement. Nothing herein shall prohibit the posting of an
advertisement on any community bulletin board maintained by the City for that purpose.
Nothing herein shall prohibit the placement and maintenance of signs and/or banners by the
City in connection with community activities or by facility use permittees in connection with
permitted activities.
9.48.250 Entertainment. No person shall set up or maintain any exhibition,
entertainment device, animal ride, show, performance, lecture, oration or concert without
written permission to do so from the Director.
Ordinance No. 630
Page 8
9.48.260 Peace and auiet. No person shall disturb the peace and quiet of a City
Community Services facility 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
gestu re.
9.48.270 Alcoholic beveraaes.
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 twenty 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.
2.
3.
On Lake Poway or within the high water line or concession
balcony of Lake Poway during the established night fishing
season; or
At the Poway Center for the Performing Arts; or
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 twenty-one (21) years.
9.48.280 Pedestrian Walkwavs. No person shall ride, operate or use any vehicle,
skateboard, bicycle, scooter, roller skates or roller blades in any area of a City Community
Services facility designated and posted as a pedestrian walkway. This prohibition shall not
apply to Community Services site employees or City authorized personnel in the course of
their duties.
9.48.290 Glass prohibited. No person shall possess any glass container in any
indoor or outdoor area of a City Community Services facility except pursuant to a permit
issued by the City.
9.48.300 Lawful directives of staff. No person shall fail to obey any lawful directive
of a Community Services site employee.
9.48.310 Directive prohibitina 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
Ordinance No. 630
Page 9
Community Services facility if so directed by a Community Services site employee, and may
be prohibited from returning to the Community Services facility for a period not to exceed 30
(thirty) days. Any person once excluded from the Community Services facility for a period of
30 (thirty) days, who thereafter violates the same or similar direction by a Community
Services site employee, may be excluded from the Community Services facility for a period
not to exceed one-hundred eighty (180) 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
longer than twenty-four (24) hours shall be in writing, signed by the Director of Community
Services or his designee. Such directive shall be appealable to the City Manager or his
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 his decision in writing. The decision of the hearing
officer shall be final.
9.48.320 Skate parks. It is unlawful and punishable as set forth in PMC 1.08.010
for any person:
A. To ride a skateboard, to skate or to be within the fenced area surrounding the skate
facility in a skate park owned or operated by the City, whether supervised or not, unless that
person is wearing a helmet, elbow pads and knee pads which are in serviceable condition
and properly fastened in accordance with the manufacturer's recommendations for such
equipment;
B. To ride, jump, carry, possess or have any scooter or bicycle in a skate park owned
and/or operated by the City, whether supervised or not;
C. To operate motorized equipment in the facility;
D. To perform stunt, trick or luge maneuvers in or around the skate park, or in the
skate park parking lot;
E. To consume any food, beverage, alcoholic beverage or drugs in or upon the skate
park;
F. To use tobacco products within the skate park;
G. To possess glass within the skate park;
H. To use the skate park under wet conditions;
I. To possess or use unauthorized ramps, jumps or obstacles in the skate park;
J. To fail to wear the protective equipment required by this section and to remain at
the skate park after having been directed to leave by any peace officer for that reason;
Ordinance No. 630
Page 10
K. To enter or to return to the skate park for the purpose of using the skate park
unless said person is wearing the protective equipment required by this section;
L. To use the skate park when under the age of fourteen unless accompanied by a
parent or guardian;
M. For a parent, guardian or other adult person having custody of a minor under the
age of eighteen years to allow such minor to use the skate park unless said minor is wearing
the protective equipment required by PMC 9.48.320.
City of Poway staff, Sheriff's Department personnel and similarly authorized individuals
are exempted from the provisions of this section when their presence is in conjunction
with the performance of their duties.
The City shall erect and maintain regulatory signs at all skate parks owned and/or
operated by the City. Such signs shall give notice that any person riding a skateboard
or skates in the facility must wear a helmet, elbow pads, and kneepads, and that any
person failing to do so will be subject to citation under Section 9.48.320 of the Poway
Municipal Code. Such signs shall also give notice that any person riding, jumping,
carrying, possessing or having a scooter or bicycle in the facility shall be subject to
citation under PMC 9.48.320. In addition, said sign will give notice that a violator's
skates, skateboard, scooter or bicycle may be impounded subject to an impound fee of
twenty-five dollars.
Any peace officer, public safety volunteer, or Park Ranger shall have the authority to
seize and confiscate any property, thing or device which is located in the skate park and
which is used in violation of this section. The property may be impounded and seized as
evidence of the violation. If property is impounded, a twenty-five dollar impound fee will be
charged.
9.48.330 Unauthorized vehicles. Operation of an unauthorized automobile, truck,
trailer, or vehicle of any description other than upon designated open and paved roads or in
other than designated parking areas is prohibited.
SECTION 2: If any portion of this ordinance is determined to be unconstitutional or
otherwise contrary to law, that portion will be severed, and the remainder will continue in full
force and effect.
SECTION 3: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days
after the date of its passage; and before the expiration of fifteen (15) days after its passage, it
shall be published once with the names of members voting for and against the same in the
Poway News Chieftain, a newspaper of general circulation published in the City of Poway.
Ordinance No. 630
Page 11
Introduced and first read at a regular meeting of the City Council of the City of Poway
held this 6th day of December 2005, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council held the 20th day of December 2005, by the following roll call
vote.
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
, Mayor
ATTEST:
\/k-~
~ne Shea, City Clerk