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Ord 130ORDINANCE NO. 130 AN CRDINANCE OF THE CITY OF PO~AY REPEALING ORDINANCE NO. 54 AND ADOPTING SECTIONS 41.101 THROUGH 41.135 RETATING TO THE REGUIATION OF COhI)UCT IN PUBLIC PARKS WHEREAS, (~dinance No. 54 sets forth rules and regulations most approp- riately adopted by resolution; and WHEREAS, Sections 41.101 through 41.136 of the San Diego County Ordinances were heretofore adopted by reference by Ordinance No. 29 and sub- sequently repealed by Ordinance No. 92. With certain changes they should be reenacted as the provisions of law relating to the regulation of conduct in the city parks enforceable by all appropriate law enforcement agencies. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Poway as follows: 1. Ordinance No. 54 is hereby repealed. 2. Sections 41.101 through 41.136 are hereby adopted as follows: CITY PARKS AND BEACHES ARTICLE 1 Sec. 41.101. DEFINITIONS. For the purposes of this chapter the following definitions shall apply: (a) "D~" means the Director of Cumt,dnity Services or a designated representative; (b) "CITY PARK" means any park, ccmlm]nity center, or recreation facility, owned by, leased by, or under the control of the City; (c) "PARK RANGER" means any person employed or appointed by the City as a Park Ranger or the caretaker of any City park; (d) "PET" means any dog, cat or other domestic animal. Ordinance No. 130 Page 2 Sec. 41.102. DIR]~CT~R TO OPERATE PARKS. The operation and maintenance of all City parks shall be under the control of the Director subject to the supervision of the City Council. Each Park Ranger of a City park is respon- sible for enforcing the provisions of this chapter and the rules and regula- tions of the Director, and shall take appropriate action in the case of any violations thereof. Each Senior Park Ranger and each Supervising Park Ranger 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 Section 13.101 of this Code. Sec. 41.102.1. ENFORC~I~9~ RESPONSIBILITIES OF COUNTY VETERINARIAN. The County Veterinarian and each officer and employee in the office of the County Veterinarian who is assigned to duties which include the enforc~nent of animal regulation laws are responsible for enforcing the petcontrol pro- visions of this chapter and those rules and regulations of the Director which relate to pet control and shall take appropriate action in the case of any violations thereof. Such enforcement authority shall be the same as that provided in Chapter 6, Division 2, Title 6 of this Code and amendments made thereto. Each of the aforementioned individuals shall have the power to make arrests for violations of the pet control provisions of this chapter and to issue citations for such violations as provided in Section 13.101 of this Code. Sec. 41.103. RULES A~D R~GUIATIONS. The Director shall prc~ulgate rules and regulations for the operation of City parks and fees and charges for the use of City parks, 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 parks if such posting is feasible in the opinion of the Director; irrespective of posting, copies of such rules and regulations shall he 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 said rules and regulations. ARTICLE 2 PNW. qERVATION OF CITY PARK FEA%~J~.q AND PUBLIC HEALTH A~D SAFETY Sec. 41.111. PLANTS. No person shall pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, burn or carry away any plant or vegetation, or portion thereof, incl,~ng aquatic plants. Sec. 41.112. ANIMALq. 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 dumesticated bird or animal. Ordinance No. 130 Page 3 Sec. 41.113. GEOLOGICAL FEATURES. No person shall destroy, disturb, deface or remove ~rth, sand, gravel, oil, minerals, rock~ or fossils, features of caves, or any parts thereof. Sec. 41.114. 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. Sec. 41.115, DEFAC~4ENT PROHIBITED. No person shall in any way deface or mutilate any tree, fence, wall, building, railing, playground or playground equipment, camp or picnic structure, monumant or any other object or struc- ture within a City park. Sec. 41.116. RUBBISH. No person shall leave, dispose of or throw away any garbage, refuse, cans, trash, ashes, bottles, broken glass, or like substan- ces, or anv animal carcass, in any place except incinerators or containers provided for that purpose; nor shall any person bring any such substance, except litter accumulated in the course of autcmobile travel, into a City park for the purpose of disposal thereof in City park facilities. Sec. 41.117. ~EAPONS A~D FIREWORKS. No person shall use, transport, carry, fire, or discharge any fireworks, firearm, air gun, archery device, sling- shot, or explosive of any kind across, in or into a City park. All such weapons or fireworks shall be checked with the Park Ranger at the time the person enters the park. Sec. 41.118. FIRE HAZARDS. No person shall ignite or permit to be ignited, a fire in any location in a City park except in a camgfire or cooking area provided by the City or as specifically authorized by the Park Ranger. NO person shall throw away any lighted tobacco product, or any burning or com- bustible material or other matter that could set fire to grass, shrubs, buildings or any other c(xabustible substance. Sec. 41.119. STOVES. No person using a park stove shall permit such stove to r~main 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 park stove shall, when such use is completed, bank the fire therein. Sec. 41.120. TOILET FACILITIES. No male person shall resort to nor loiter about any toilet facilities set apart for wc~en and no female person shall resort nor loiter about any toilet facilities set apart for men; provided this shall not apply to children accc~panied by their father, mother or ~ ~s_rdian. Ordinance No. 130 Page 4 Sec. 41.121. ~ATER 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 str~-l, 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. Sec. 41.122. ANIMAT.q. No horse or other animal shall be hitched to any tree or shrub or structure in a manner that may cause damage to park property. No person shall ride, drive, lead or keep a saddle horse or other animal in any City park, except on such roads, trails or areas as the Director may designate and subject to such regulations as the Director may promulgate. Sec. 41.123. PETS. (a) Except as prohibited by Section 41.123.1, and subject to the conditions set out herein, pets are permitted in City parks during the hours that such parks are open to the public. (b) Notwithstanding the provisions of subsection (a) hereof, no person shall bring a dog into, permit a dog to enter into or remain in, or possess a dog in any City park without first having obtained a valid license for such dog. Evidence of such valid license shall be pre- sented by the person responsible for such dog when required by a Park Ranger. (c) All pets in City parks 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 vehicle, tent, trailer or other approved structure. (d) NO person shall: (1) bring a pet to, permit a pet to enter or remain upon, or possess a pet upon any trail extending beyond the limits of campgrounds or picnic areas of a City park; (2) except as provided in subsection (c) of this section, bring a pet into or permit a pet to enter and or remain within, or possess a pet within any structure in a City. park. This subsection shall not apply to a "seeing eye" dog accompanying an unsighted person there present. (e) No person shall within a City park permit a pet to be or remain unat- tended outside a tent, camper or other enclosed vehicle bet~n the hours of sunset and sunrise. ordinance No. 130 Page 5 (f) No person shall permit a pet to run loose or turn a pet loose in any portion of the City park system, unless such action is of benefit to the City, or upon written authorization by the Director. (g) NO person shall kccp or permit to r~main within a City park, a noisy, vicious or dangerous pet, or a pet which disturbs other persons within the boundaries of a City park after having been directed by a Park Ranger to remove such pet. (h) Any person bringing a pet into a City park is solely responsible for the actions of such pet. Such person sb~ll iam~diately identify them- self to a Park Ranger and report any injury inflicted by such pet upon any person or any d~age caused by such pet to anY real or personal property. (i) The Director may further regulate pets in, or may exclude pets frem any city park or section of a City park where the Director finds that the presence of pets substantially conflicts with the general use and enjo~a~ent of such parks. Sec. 41.124. GAMES. No person shall play or engage in team games or sports except at such places as shall be specifically designated for that purpose by the Director or by the Park Ranger. The use of .regulation-type" base- balls is prohibited except as may be expressly authorized by the Director. Sec 41.125. CLOSING HOURS. NO person shall re~ain upon the grounds of a City park or occupy the grounds of such parks, or any part thereof, or use any of the facilities or equi[m%ent therein, or permit any vehicle to r~ain therein, as posted, of any day, unless authorized by the Director. The Director maY designate and enforce an e~_rlier closing time, which shall be posted, for such grounds or facilities and for the use of such equipment. Sec. 41.126. WASHING OR REPAIRING CARS. NO person shall engage in the washing, cleaning, polishing, repairing, renovating or painting of any vehicle within a city park, except that emergencY repairs ia~ediately necessary to render such vehicle safe may be made. Sec. 41.127. SP~ T.INIITS. No person shall drive a vehicle within a city park 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 sp~ which endangers the safety of persons, property or wildlife, no vehicle shall be driven at a spcc~ greater than 10 miles per hour in camp, picnic, utility or head~,~rters area and areas of general public assemblage, and no vehicle shall be driven at a s~ greater than 20 miles per hour in other areas. Ordinance No. 130 Page 6 Sec. 41.128. PARKING. No person shall park any vehicle or hitch any horse within a park except for the duration of the visit to such park. No person shall leave or park any motor vehicle or 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 vehicle parkingor for hitching horses. Sec. 41.129. ~IAL VEHICLES. No co~x~e~cial vehicle shall enter any part of a City park over park roads, without first obtaining permission so to do from the Park Ranger. A c~L,~ercial vehicle is a vehicle of a type maintained for the transportation of persons for hire, compensation, or pro- fit or designed, used, or maintained primarily for the transportation of property. Sec. 41.130. ~I~LK~AYS. No person shall ride or drive a bicycle, motor- cycle, automobile or any other vehicle other than on an autc~obile road. No person shall obstruct the free travel of pedestrians on any walk, road or avenue, or of vehicles on automobile roads. Sec. 41.131. 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, pool or drainage ditch, except in areas which are fenced and set aside for infants, unless such child is attended by an adult. Sec. 41.132. SOLICITING, SRTI.ING AND ADVERTISING. No person shall vend, offer for sale or dispose of any goods, wares or merchandise, or conduct any business within a City park unless authorized so to do by the Director. No person shall distribute, circulate, give away, or throw or deposit any hand bills, circulars, pamphlets, tracts, or advertisements, or post, or affix to any tree, fence or structure situated within the City park any such hand bill, circular, pamphlet, tract, or advertis~m~ent, unless authorized to do so by the Director. Sec. 41.133. ENTERTAIn. No person shall set up or maintain any exhibi- tion, show, performance, concert, place of amusement, lecture, oration or concert hall without permission to do so from the Director. Sec. 41.134. PEA3~E AbD QUIET. No person shall disturbthepeaceandquiet of a City park by any loud or unusual noise, or by the sounding of automo- bile horns or noisemaking devices, or by the use of profane, obscene or abu- sive language or gestures. Sec. 41.135. ALCOHOLIC BEVERAGES. No person shall transport into a City park, or consume upon the premises of a City park, any intoxicating liquors having analcoholic content in excess of 20percent by volume. Ordinance No. 130 Page 7 This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and the City Clerk of the City of Poway is hereby authorized to use sunmmary publication procedures purs,~_ant to Government Code Section 36933 utilizing the Poway News-Chieftain, a newspaper of general cir- culation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 29th day of May, 1984, aD~l ther~fter PASSED AND ADOPTED at a regular meeting of said City Council held the 12th day of June, 1984, by the following roll call vote: ~ERY, KRUSE, ORAV~C, SHEPARDSON, TARZY NONE NONE Marjori9/K. Wahlsten, City Clerk