Res 99-064RESOLUTION NO. 99-064
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. 98-014
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 use standard be adopted for the operation of
Lake Poway Recreation Area.
NOW, THEREFORE, the City Council of the City of Poway does hereby resolve.
1. The rules and regulations for operation of City recreational facilities be adopted.
2. Resolution No. 98-014 is hereby rescinded.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
California, at a regular meeting thereof this 20th day of July 1999.
ATTEST:
L~ri~An ne"~oples, C~t~,- ~e rk
Michael P. Cafagna, ~
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution, No. 99-064 , was duly adopted by the City Council at a meeting of
said City Council held on the 20th day of July 1999, and that it was so adopted by the
following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
L~ri~,nne Peoples, ~ dierk
Resolution No.99-064
Page 2
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. 99-064
Page $
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.99.-064
Page 4
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.
3.7 LAKE POWAY RECREATION AREA USE LIMITATIONS
Lake Poway Recreation Area recreational facilities shall not in any event be
closed in its entirety to use by the general public. No more than three rental
areas shall be reserved exclusively for private use at the same time.
Reservations by private parties within Lake Poway shall be limited to the
following facilities and occupancies:
Facility Maximum Occupancy
Pavilion Area 1 350
Park Area 2 125
Park Area 3 125
Graham Gazebo Area 4 125
Park Area 5 125
Rexrode Gazebo Area 6 125
Park Area 8 125
Park Area 16 125
Park Area 17 125
None of the private use and occupancy limitations set forth above shall apply to
activities sponsored or cosponsored by the City of Poway.
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.
Resolution No. 94-064
Page 5
Lake Poway Rental Availability
Pavilion: 7:00 a.m. to sunset
Park area: 7:00 a.m. to sunset
Ball field: 7:00 a.m. to 10:00 p.m., May-October
7:00 a.m. to 7:00 p.m., November-April
Lake Poway Entry Station
November-March: Closed
April-October: 8:00 a.m. to 6:00 p.m., Saturday, Sunday, and holidays
Community Park Office
Monday-Friday: 8:00 a.m. to 7:00 p.m.
Saturday and Sunday: 8:00 a.m. to 5:00 p.m.
Community Park Rental Availability
Sunday-Thursday: 8:00 a.m. to 10:00 p.m.
Friday and Saturday: 8:00 a.m. to 11:00 p.m. (cleaned up and out by midnight)
Old Poway Park Office Hours
Tuesday-Wednesday Closed
Thursday-Monday 9:00 a.m. to 4:00 p.m.
Old Poway Park Rental Availability
Templars Hall 8:00 a.m. to 10:00 p.m.
Porter House 8:00 a.m. to 10:00 p.m.
Gazebo 8:00 a.m. to 8:00 p.m.
Meadowbrook Gymnasium and Twin Peaks Multipurpose Center
Monday-Friday 5:00 p.m. to 10:00 p.m.
Saturday 8:00 a.m. to 10:00 p.m.
Sunday noon to 8:00 p.m.
Gymnasium Rental Availability (minimum 2 week notice required)
Monday-Friday 5:00 p.m. to 9:00 p.m.
Saturday-Sunday 8:00 a.m. to 9:00 p.m.
Additional fee is assessed after normal rental hours.
Resolution No. 9§-064
Page 7
4.3 LAKE POWAY. Fishing shall be conducted on days of the week as established
from time to time by the City Council.
4.4
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
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
5.5
5.6
5.7
5.8
5.9
Resolution No. 99-06,:
Page 8
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.
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 hour.
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 mini parks: sunrise to sunset, unless otherwise posted.
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
Resolution No. 99-064
Page 9
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.
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, 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. 99-064
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. 99-064
Page 11
6.9 PRIVATE BOATS/GASOLINE MOTORS. The use of any type of private boat or
private 9asoline motors on Lake Poway is prohibited.
6.10 SAFETY. No boat shall be operated on Lake Poway:
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.
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.
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. 99-064
Page 12
7.2 ALCOHOL BEVERAGE USE - BUILDINGS AND PARK RENTAl
SECTION 8
8.1
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.
POWAY COMMUNITY SWIM CENTER RULES
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
8.3
8.4
8.6
Resolution No. 99-064
Page 13
PATRONS. All patrons wearing swimming attire must pay to enter the swim
center.
SHOWERS. All persons must shower completely before entering the pool.
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.
BEHAVIOR. Roughhousing, fighting, and failure to adhere to posted rules or
request from pool staff will result in expulsion from the swim center.