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sequently repealed by Ordinance No. 92.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 Ordinance No. 54 is hereby repealed.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