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Res 98-014RESOLUTION NO 98-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ADOPTING RULES AND REGULATIONS FOR OPERATION OF CITY OF POWAY RECREATIONAL FACILITIES AND RESCINDING RESOLUTION NO. 96-022 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, rules and regulations have been established for the operation of Poway recreational facilities; and WHEREAS, it is necessary that the rules and regulations for operation of Poway recreational facilities be consistent with Chapter 9.48 of the Poway Municipal Code. NOW, THEREFORE, the City Council of the City of Poway does hereby resolve. The rules and regulations for operation of recreational facilities be adopted consistent with Chapter 9.48 of the Poway Municipal Code regarding recreational facility rules and regulations, as on file in the City Clerk's Office. 2. Resolution No. 96-022 is hereby rescinded. PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, California, at a regular meeting thereof this 24th day of February 1998. Don Higginsor~, Ma~;or ' ~---'/ ATTEST: Marjori~Wahlsten, Oity Olerk Resolution No. 98-014 Page 2 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjode K. Wahlsten, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution, No. 98-014, was duly adopted by the City Council at a meeting of said City Council held on the 24th day of February 1998, and that it was so adopted by the following vote: AYES: CAFAGNA, NOES: NONE ABSTAIN: NONE ABSENT: NONE EMERY, GOLDBY, REXFORD, HIGGINSON Marjc(rie ~. Wahlsten, City Clerk Resolution No. 98-014 Page 3 CITY OF POWAY COMMUNITY SERVICES DEPARTMENT RULES AND REGULATIONS FOR OPERATION OF CITY RECREATIONAL FACILITIES SECTION '1 GENERAL POLICY 1.1 The primary use of the recreation buildings and facilities is for leisure activities of a constructive recreational nature both active and passive, which are conducted by the Community Services Department for residents of the City of Poway. 1.2 Public agencies, City-sponsored activities, and groups will have priority use of the facilities. Facility use permits held by nonsponsored groups may be canceled 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 canceled. 1.3 The City of Poway is not liable for accidents, injury or loss of individual property in its buildings or recreation facilities. 1.4 Permission to use a building is granted by permit only and users are subject to observance of all City regulations. Permits may be revoked for violation of any City regulation. SECTION 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 facilities therein. 2.4 PARK STAFF EMPLOYEE means any person employed by the City as a park ranger, lifeguard, recreation supervisor, coordinator, or leader, Director of Community Services, or Community Services Manager. 2.5 CITY MANAGER is the City Manager of the City of Poway. 2.6 DIRECTOR OF COMMUNITY SERVICES is the Director of Community Services for the City of Poway. Resolution No. 98-014 Page 4 2.7 CAMPING AREA is any area within the recreation facilities specifically designated for this purpose. 2.8 RULES AND REGULATIONS are duly adopted by the City Council. 2.9 LEISURE PROGRAMS are programs organized, sponsored and/or conducted by the Community Services Department. 2.10 PUBLIC AGENCIES are agencies serving the City of Poway such as school districts, State of California, San Diego County, etc. SECTION 3 AUTHORITY 3.1 AUTHORITY. These rules and regulations 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. 3.2 VIOLATIONS. Violations of City rules and regulations related to recreational facilities are enumerated in Section 9.48.010 through 9.48.310 of the Poway Municipal Code. Section 1.080.010 of the Code specifies the penalty for violations. 3.3 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 binding upon all persons within the recreation facilities. 3.4 ENFORCEMENT. All persons found or observed violating any of these regulations by a Park Staff Employee will be ordered to leave the recreation facility. No one shall obstruct or interfere in any manner with an employee of the City in the exercise of his or her duties. No person shall fail to obey any lawful directive of a Park Staff Employee. 3.5 LIMIT OF CITY LIABILITY. All persons entering upon, remaining within, or using the recreation facilities shall do so entirely at their own risk. Neither the City, its Council, officers 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. Resolution No. 98-014 Page 5 3.6 LIMITATIONS ON USE. The use of recreational facilities must be compatible with the established purpose of that facility. Use shall not include business or commercial activities, except by special agreement with the City of Poway Community Services Department and must be within the allotted permit time. Permit time schedules and charges must include all preparation and set up time, as well as cleanup time. The setting up of tables, chairs, etc., and storage of same at the conclusion of the activity is the responsibility of the permittee. Control of lights, keys, locks and locking of doors, gates, etc., will be the responsibility 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 the 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 Park Office Monday-Friday: 8:00 a.m. to 5:00 p.m. Lake Poway Rental Availability_ Pavilion: Park area: Ball field: 7:00 a.m. to sunset 7:00 a.m. to sunset 7:00 a.m. to 10:00 p.m., May-October 7:00 a.m. to 7:00 p.m., November-April Lake Powa_v Entry_ Station November-March: Closed April-October: 8:00 a.m. to 6:00 p.m., Saturday, Sunday, and holidays Communit,v Park Office Monday-Friday: Saturday and Sunday: 8:00 a.m. to 7:00 p.m. 8:00 a.m. to 5:00 p.m. Resolution No. 98-014 Page 6 4.3 4.4 Community Park Rental Availability Sunday-Thursday: 8:00 a.m. to 10:00 p.m. Friday and Saturday: 8:00 a.m. to midnight Old Poway Park Office Hours Tuesday-Wednesday Thursday-Monday Closed 9:00 a.m. to 4:00 p.m. Old Poway Park Rental Availability_ Templars Hall Porter House Gazebo 8:00 a.m. to 10:00 p.m. 8:00 a.m. to 10:00 p.m. 8:00 a.m. to 8:00 p.m. Meadowbrook Gymnasium and Twin Peaks Multi~)umose Center Offiee Monday-Friday Saturday Sunday 5:00 p.m. to 10:00 p.m. 8:00 a.m. to 10:00 p.m. noon to 8:00 p.m. Gymnasium Rental Availability (minimum 2 week notice re~_uired) Monday-Friday Saturday-Sunday 5:00 p.m. to 9:00 p.m. 8:00 a.m. to 9:00 p.m. Additional fee is assessed after normal rental hours. LAKE POWAY. Fishing shall be conducted on days of the week as established from time to time by the City Council. CAMPING HOURS. 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 accompanied 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 Resolution No. 98-014 Page 7 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. 4.5 SPECIAL PERMITS. The Director of Community Services, by special written permit, may provide under exceptional circumstances, for eligible youth groups and the public to camp in greater number and other locations than otherwise provided in this section. 4.6 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 designated by them is 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 drugs and other substances prohibited by the California Health and Safety Code is prohibited. 5.2 ALCOHOLIC BEVERAGES. No person shall transport into a City park or consume upon the premises of a City park, any alcoholic beverage having a content in excess of twenty (20%) percent by volume. (See Section 7.2 Alcohol Beverage Use Rental Buildings and Parks.) 5.3 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 park provided, however, this prohibition shall not apply to the possession or use of any archery device in or upon a City archery range. 5.4 FIRE. To build, light, 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 and lighted tobacco product, any burning 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 shall be extinguished and placed in a hot ash coal container after use. Resolution No. 98-014 Page 8 5.5 5.6 5.7 5.8 5.9 5.10 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 ten (10) miles per hours. REMOVAL/DEFACEMENT OF PROPERTY. To move any 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, picnic structure, monument of any other fixture or improvement. No rope, wire, or string will be attached to or hung on trees or shrubs, and no ice blocks on grass areas. Removing a "reserved" sign or willfully occupying and holding a camp site, building or facility that 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 responsible for reimbursing the City for any loss or damage to City property, caused by such use. ANIMALS. All dogs are to be securely leashed at all times by a chain or rope, not more than six (6) feet in length except in an area specifically set aside and designated by the Director of Community Services as a "dog park." No dogs, horses, or other animals are allowed within one hundred (100) feet of Lake Poway. Horses and other hoofed animals shall 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 vegetation for any purpose, including fires, is prohibited. CURFEW. No one shall violate curfew hours as established at the following locations: Lake Poway: as posted at the entrance and at the office. Community Park: as posted at the Community Park office. Neighborhood and miniparks: sunrise to sunset, unless otherwise posted. LEAVING. Entering any portion of a recreation area is not permitted after closing without a permit to do so. All groups are expected to leave the premises in the same condition in which they were found. 5.11 CLOSED AREAS. No one shall enter any posted, restricted, or closed area. Resolution No. 98-014 Page 9 5.12 5.13 5.14 5.15 5.16 5.17 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, pony ride, astro jump, show performance, concert, place of amusement, lecture, oration, or concert hall without permission to do so from the Director of Community Services. SOLICITING, SELLING, AND ADVERTISEMENT. No person shall vend, offer for sale or dispose of any goods, wares and merchandise, or conduct any business within a City park unless authorized to do so by the Director, except that nothing in this provision shall prohibit religious or political solicitations. No person shall distribute, circulate, give away, or throw or deposit any commercial handbill, circular, pamphlet, tract, or advertisement in any park 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 banners by the City in connection with community activities or by facility use permittees in connection with permitted activities. 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. HUMAN WASTE - TOILETS. No person shall deposit or cause to be deposited human wastes within the recreation area other than in designated sanitary facilities. SKATEBOARDS. Skateboards, bicycles, roller skates, and roller blades are prohibited in areas that have been designated and posted as common pedestrian walkways by the Director of Community Services. Resolution No. 98-014 Page 10 5.18 SPORTS FACILITY LIGHTING. All sports facility lights will be turned off by 10:00 p.m., daily, unless otherwise authorized by the Director of Community Services. Facilities include baseball fields, soccer fields, bocce ball courts, and tennis courts. 5.19 GLASS PROHIBITED. No person shall possess any glass container in any indoor or outdoor area of a City park except pursuant to a permit issued by the City. SECTION 6 FISHING AND BOATING REGULATIONS 6.1 LAKE USE PERMITS REQUIRED. Possession of a valid lake use permit is required of every person 8 years and older using Lake Poway who possesses any fishing gear or occupies a boat containing any fishing gear. No permit is required for any one age 7 years or younger but they must be accompanied by a person age 16 or older possessing a valid permit. 6.2 STATE LICENSES/LAWS. All persons 16 years and older fishing at Lake Poway shall have a valid State of California fishing license, shall not possess fish in excess of posted limits, and shall observe all state fish and game laws and regulations. 6.3 CATCHES BY CHILDREN. The catches of any child age 7 years or younger shall apply to the limit of the accompanying adult. 6.4 NO FISHING AREAS. No person shall fish from or within 100 feet of any boat ramp, boat float, buoy, or other floating structure other than a designated fishing float or from or within any other posted area. 6.5 CATCH LIMIT. No large mouth bass under 12 inches in total length shall be taken from Lake Poway. 6.6 SWIMMING. No person shall swim, wade (with or without waders or hip boots), 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 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, organic or inorganic, into the water or along the shoreline of Lake Poway, or within the recreation area other than designated receptacles. Cleaning fish at other than designated facilities is prohibited. 6.8 PERMITS. Possession of a valid boat permit is required for each boat on Lake Poway. Resolution No. 98-014 Page 11 6.9 PRIVATE BOATS/GASOLINE MOTORS. The use of any type of private boat or private gasoline motors on Lake Poway is prohibited. 6.10 SAFETY. No boat shall be operated on Lake Poway: ao unless occupied by at least one responsible person age 16 years or older. with more passengers than its assigned capacity within 100 feet of any fishing float within any area as posted in an unsafe manner SECTION 7 CITY PARK BUILDING RENTALS 7.1 RULES GOVERNING FACILITY USE An approved facility use permit, insurance, and appropriate fees must be paid prior to usage. An employee of the Community Services department shall be present during all hours of use. Co All groups must be under the direction of their own leadership. There must be at least one adult present and be responsible for every twenty (20) minors. The City of Poway is not liable for accidents, injuries, or loss of individual property in connection with any of its facilities. No activity will be permitted which is a violation of local, state, or federal statutes. Applicants must adhere to all City policies and fire codes during their use of the facility. Approval for use will not be granted to a person under twenty-one (21) years of age. g. Smoking is not permitted in any City facility. h° DECORATIONS. Users must comply with the health and safety code pertaining to the flame proofing of all decorations. 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. Resolution No. 98-014 Page 12 7.2 ALCOHOL BEVERAGE USE - BUILDINGS AND PARK RENTAL All groups dispensing alcoholic beverages shall abide by regulations promulgated by the State of California Department of Alcoholic Beverage Control. An Alcohol Beverage Control license must be obtained if alcohol is to be sold, a donation is requested, or admission is charged when alcohol is present. Said license shall be displayed in a visible location. No alcoholic beverage shall be served to any person under 21 years of age. Minors must be accompanied by an adult. Two uniformed security persons, one male and one female, per 100 persons attending is required at any event where alcohol is served. Additional security persons may be required at the discretion of the Director of Community Services. Security guards will act as security forces and not as ID checkers. All groups dispensing alcoholic beverages will be required to carry one million dollars ($1,000,000) general liability insurance naming the City of Poway as additionally endorsed. No person shall consume any alcoholic beverage at any time in the parking lot or a playground area of a City park. Except as expressly provided below, no person shall consume any alcoholic beverage in any other indoor or outdoor area of a City park between 9:00 p.m. and 10:00 a.m. On Lake Poway or within the high water line of Lake Poway from May 1 through September 30; or At the South Poway SportsPlex; or At the Poway Center for the Performing Arts; or Pursuant to permit issued by the City for a special public event. SECTION 8 POWAY COMMUNITY SWIM CENTER RULES 8.1 CHILDREN. Children under 7 years old who are less than 4 feet tall must be accompanied in the water by a responsible swimming adult (one child per adult). Children under 4 feet tall and 7 years or older may take a swim test. Upon successful completion of a swim test, the child will be allowed to swim unattended for that day. 8.2 PATRONS. All patrons wearing swimming attire must pay to enter the swim center. Resolution No. 98-014 Page 13 8.3 SHOWERS. All persons must shower completely before entering the pool. 8.4 ACCESSORIES. The use of toys, flotation devices, masks, fins, snorkels, balls, disks, and any other throwing or diving items must be approved by the pool manager. 8.6 BEHAVIOR. Roughhousing, fighting, and failure to adhere to posted rules or request from pool staff will result in expulsion from the swim center.