Ord 769ORDINANCE NO. 769
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING SECTIONS 9.48.130, 9.48.270, AND 9.48.310
OF CHAPTER 9.48 OF THE POWAY MUNICIPAL CODE,
REGARDING COMMUNITY SERVICES DEPARTMENT
FACILITY USE RULES AND REGULATIONS
WHEREAS, it is the intent of the City Council of the City of Poway in enacting
this ordinance, to provide for the public health, safety, and welfare by regulating the
operation of City of Poway park, recreation, and cultural facilities that fall under the
jurisdiction of the Community Services Department; and
WHEREAS, on December 20, 2005, the Poway City Council enacted Chapter
9.48 of the Poway Municipal Code regarding Community Services Department Facility
Rules and Regulations; and
WHEREAS, it is necessary from time to time to update the rules and regulations
for use of Community Services facilities; 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: Sections 9.48.130, 9.48.270, and 9.48.310 of Chapter 9.48 of the
Poway Municipal Code are hereby repealed.
Section 2: Section 9.48.130 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read:
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 throw away 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
receptacle provided for such purpose.
An exception may be approved by the Director for standard cake candles less than four
inches that are intended to be easily blown out, and standard "sterno" cans used only
for heating chafing dishes. (Ord. 630 § 2, 2005)
Ordinance No. 769
Page 2
Section 3: Section 9.48.270 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read as follows:
9.48.270 Alcoholic Beverages.
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 20 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. On Lake Poway or within the high water line or concession balcony of Lake
Poway during the established operating hours; or
2. At the Poway Center for the Performing Arts; or
3. 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 21 years. (Ord. 630 § 2,
2005)
Section 4: Section 9.48.310 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read as follows:
9.48.310 Directive Prohibiting 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 Community Services facility if so directed by a Community Services
site employee. 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.
Ordinance No. 769
Page 3
B. The directive excluding a person from a Community Services facility for a period no
longer than seventy -two (72) hours may be in verbal form and reported to the Director.
Directives exceeding seventy -two (72) hours shall be in writing, signed by the Director
of Community Services or designee, and shall not exceed one hundred eighty (180)
days. Directives may be appealed to the City Manager or 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 the decision in writing. The decision of the hearing officer
shall be final.
Section 5: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after its adoption.
CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk
in accordance with Government Code § 36933.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 1st day of April 2014, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 15th day of April 2014.
Don Higginson, May
ATTEST:
Sheila R. Cobian, CMC, City Clerk
Ordinance No. 769
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk, of the City of Poway, do hereby certify that
the foregoing Ordinance No. 769, was duly adopted by the City Council at a regular
meeting of said City Council held on the 15th day of April 2014, and that it was so
adopted by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
_ .1.('U(t.
Sheila R. Cobian, CIVIC, City Clerk
City of Poway