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HomeMy WebLinkAboutORD 392 2010 0721ORDINANCE NO. 392 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REVISING CHAPTER 12.16 OF TITLE 12 OF THE MOORPARK MUNICIPAL CODE, INCLUDING REVISING THE TITLE OF CHAPTER 12.16 TO PARKS AND OPEN SPACE WHEREAS, the City Council has determined that Chapter 12.16 of Title 12, Streets, Sidewalks and Public Places, of the Moorpark Municipal Code should be revised, including changing the title of Chapter 12.16 to Parks and Open Space; and WHEREAS, the City Council concurs with the Community Development Director's determination that adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 12.16 of the Moorpark Municipal Code is hereby replaced in its entirety consistent with Exhibit A to this ordinance. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. Ordinance No. 392 Page 2 PASSED AND ADOPTED this 21 st day of July, 2010. ATTEST: W 0"re-W.1i 1 R- *• OWN Exhibit A: Chapter 12.16 (revised la l 'T�rti Ja ice S. Parvin, Mayor Ordinance No. 392 Page 3 EXHIBIT A "Chapter 12.16 PARKS AND OPEN SPACE 12.16.010 Definitions. 12.16.020 Hours of operation. 12.16.030 Signs. 12.16.040 Animal control. 12.16.050 Littering prohibited. 12.16.060 Alcoholic beverages prohibited. 12.16.070 Excessive noise prohibited. 12.16.080 Public conduct. 12.16.090 Duplicating keys prohibited. 12.16.100 Camping and lodging prohibited. 12.16.110 Vending prohibited. 12.16.120 Fire control. 12.16.130 Damaging of property prohibited. 12.16.140 Fireworks and weapons prohibited. 12.16.150 Vehicles and horses, riding animals and other conveyances. 12.16.160 Requirement and enforcement of park rental permits. 12.16.170 Park use agreements. 12.16.180 Prohibited activities and uses. 12.16.190 Skate facility. 12.16.200 Dog park. 12.16.210 Parking Restrictions. 12.16.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section. "Dog park" is defined as a public park or area within a public park that is specifically established for dogs and their owners to exercise and play with the dogs off -leash in a controlled, fenced, and gated environment. "Open space" means and includes any parcel or area of land or water that is essentially unimproved and devoted to a open space use as defined in Section 65560 of the California Government Code, and is owned, leased, used, operated, controlled, or maintained by the city as public property. "Park" means and includes any land designated by city as a public park and also includes any public athletic field or court, bicycle motocross facility, community center, garden, golf course, greenbelt, gymnasium, lake, pathway, playground, pond, recreation center, recreation grounds, senior citizen or active adult center, skateboard facility, swimming pool, teen Ordinance No. 392 Page 4 center, trail, water feature, and any other property owned, leased, used, operated, controlled, or maintained by the city for public recreational purposes, whether passive or active, including all facilities and structures thereon, and all off - street parking lots or parking areas which are used or intended to be used in connection therewith. "Potentially dangerous dog" shall have the definition established by Section 31602 of the California Food and Agriculture Code. "Protective gear" means helmet, elbow pads, and knee pads designed specifically for use by skateboarders and in -line skaters. "Skate facility" means portable or permanent facility specifically established for use by skateboards and in -line skaters that may contain apparatuses and structures including, but not limited to, ramps, curbs, jumps, inclines, and declines, which skate facility is also designed and intended specifically for use by skateboarders and in -line skaters and is located on city property and maintained by the city. "Vicious dog" shall have the definition established by Section 31603 of the California Food and Agriculture Code. 12.16.020 Hours of operation. No person shall enter or remain in any park or open space during the hours that the park or open space is closed. A park with exterior lighted park facilities or structures, including but not limited to tennis courts, softball fields, or basketball courts, shall be closed from ten (10:00) p.m. to six (6:00) a.m. Security lighting for parking lots and walkways is not considered lighted park facilities or structures for the purposes of this chapter. A park or open space without lighted facilities or structures shall be closed from sunset to six (6:00) a.m. The city council may by resolution approve more restrictive hours of operation for a specific park and for certain facilities or structures, including restrooms. The city manager or his or her designated representative may close a park for maintenance and to accommodate a city sponsored special event. 12.16.030 Signs. The city manager or his or her designated representative is authorized to place and maintain such signs or notices as deemed necessary to carry out the provisions of this chapter and to protect the public and ensure orderly and efficient use of any park or open space. 12.16.040 Animal control. No person owning or having charge, care, custody or control of any dog, livestock or other animal shall cause, permit or allow the same to be loose or run at large upon any park or open space unless such animal is restrained by a substantial chain or leash not exceeding six (6) feet in length and is in the charge, care, custody or control of a competent person, and except as authorized by Section 12.16.200 of this chapter. Additionally, any person owning or having charge, care, custody or control of any dog, livestock or other animal shall be Ordinance No. 392 Page 5 responsible for debris, litter or contaminants caused by such animal and any neglect of such responsibility shall be construed as littering, as defined in Section 12.16.050 of this chapter. 12.16.050 Littering prohibited. No person shall drop or deposit refuse, trash, hazardous waste, contaminants or litter in any park or open space, except in receptacles provided for this purpose, nor place in said receptacles any refuse brought from private property. 12.16.060 Alcoholic beverages prohibited. No person shall consume any alcoholic beverages in any park or open space, except as permitted within the city community center building with the issuance of appropriate city permits. 12.16.070 Excessive noise prohibited. No person shall make excessive noise through the use of amplifying equipment, or any other means in any park or open space that tends to distract or disturb patrons or nearby residents. No person shall use amplified sound without a park rental permit issued by the city. Persons with a city issued park rental permit authorizing use of sound amplification equipment shall keep the sound volume of such equipment at a level that avoids disturbing other people using the park or nearby residents. 12.16.080 Public conduct. No person shall engage in boisterous, threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to a breach of the peace and interfering with the enjoyment or other persons in any park or open space. No person shall engage in conduct or behavior so as to constitute a safety hazard to any other person within any park or open space. 12.16.090 Duplicating keys prohibited. No person shall duplicate keys used by the city for padlocks, door locks or locks of any type in any park or open space. 12.16.100 Camping and lodging prohibited. No person shall loiter, camp or lodge in any park or open space. 12.16.110 Vending prohibited. No one shall vend any food, merchandise or product in any park or open space without having the written authorization of the city manager or his or her designated representative. Ordinance No. 392 Page 6 12.16.120 Fire control. No person shall make or kindle a fire for any purpose, except in places designated for this purpose, in any park or open space. A person starting a fire in an authorized place shall be responsible for assuring that the fire is thoroughly extinguished before leaving the immediate area. 12.16.130 Damaging of property prohibited. No person shall cut, break, injure, tamper with, deface, remove or disturb any tree, shrub, plant, rock, building, wall, fence, bench, sign structure, apparatus or property in any park or open space. 12.16.140 Fireworks and weapons prohibited. All fireworks are prohibited in any park or open space in the city, consistent with Chapter 8.64, Fireworks Prohibited, with the exception of public displays and theatrical /special effects authorized by a valid Ventura County Fire Protection District Fire Code (VCFC) permit and applicable City temporary use or park rental permit. No person shall discharge any weapon, firearm, airguns, or slingshots in any park or open space, except in areas specifically designated for such purposes. 12.16.150 Vehicles and horses, riding animals and other conveyances. No person shall operate, ride or drive an automobile, bicycle, motorcycle, truck, trailer, wagon, motor scooter, animal, or other conveyance on other than roads or paths designated for that purpose in any park or open space, except as may be approved by a park rental permit, or with the written authorization of the city manager or his or her designated representative. No motor vehicle, animal or other conveyance shall be parked or fastened in other than an established or designated parking or hitching area in any park or open space. No person shall roller- skate, roller -blade or skateboard on other than sidewalks or paths designed for pedestrians. No person shall roller- skate, roller -blade or skateboard on court surfaces intended for other sport activities designated and posted by the city for that purpose. All conveyances shall at all times be operated, driven, or ridden with reasonable regard to the safety of others in any park or open space. 12.16.160 Requirement and enforcement of park rental permits. A. The city rents portions of its parks, including park facilities and structures. The city has the ability to issue and enforce park rental permits. Standard conditions of approval, fees, surety, liability, and insurance requirements for park rental permits shall be established by resolution of the city council. The city council shall also establish by resolution the parks that may accommodate attractions, equipment, or temporary structures, subject to approval of a park rental permit or park use agreement. B. No person shall interfere with an authorized permitted rental of a city park, including facilities and structures. No person or group shall hold a gathering at a city park which exceeds fifty (50) people in attendance without first obtaining a permit for such gathering from the city. No person or entity shall engage in any for - profit or fee based activity or filming of any Ordinance No. 392 Page 7 kind, with the exception of filming by an individual when such activities are not for commercial purposes and are for personal use, in any city park without first obtaining a permit from the city, regardless of the size of the activities or number of participants. C. No person or group shall use amplified sound equipment; locate attractions, equipment or temporary structures; bring in a contract performer or contract services provider; or conduct filming for more than just personal use in a park or open space, without obtaining a city issued park rental permit. Tents and membrane structures in excess of two hundred (200) square feet and canopies in excess of four hundred (400) square feet require a valid VCFC permit and city park rental permit. D. The city manager or his or her designated representative shall have the authority to issue and enforce park rental permits; determine special conditions of approval; and determine which attractions, equipment, temporary structures, contract performer or contract services provider may be approved with a park rental permit in compliance with the provisions of this chapter and any applicable city council resolution. 12.16.170 Park use agreements. Nothing in this chapter is intended to preclude the city council from approving a written park use agreement, including league sports use agreements, when such agreements are consistent with the provisions of this chapter. 12.16.180 Prohibited activities and uses. No person shall engage in the activities of golf, archery, horseback riding, go -cart riding, motorcycle or motorized off -road vehicle use, hang gliding, use of motor - driven and /or remote controlled model airplanes, and use of rockets and any other similar projectiles or flying objects in any park or open space, except in areas specifically designated for such purposes, and posted in accordance with Section 12.16.030. Other prohibited activities include trampolines, pony rides, reptile shows, and mechanical rides, except as may be approved by the city manager or his or her designated representative for a city sponsored event. No person shall participate in any sport or activity so as to constitute a hazard to any other person within any park or open space. Not withstanding the foregoing, league sports or activities conducted pursuant to a park use agreement with the city or park rental permit may be conducted in accordance with the standards of the sport. 12.16.190 Skate facility. The following provisions for skate facility use are in addition to the other requirements of this chapter. Section 12.16.020, Hours of operation, Section 12.16.040, Animal control, and Section 12.16.160, Requirement and enforcement of park rental permits, are modified by the following skate facility use requirements. A. Only individuals riding skateboards and in -line skates are authorized to use the city's skate facility. No bicycles, scooters, or motorized vehicles are permitted to be operated in the skate facility. Ordinance No. 392 Page 8 B. All users of the city's skate facility must wear protective gear at all times while using said facility. C. Skate facility age restrictions for users may be established by city council resolution. D. Skate facility hours of operation and provisions for closure for city sponsored events or for potentially hazardous conditions shall be established by city council resolution, and hours of operation for a skate facility may vary from the hours of operation established by Section 12.16.020. E. No person owning or having charge, care, custody or control of any dog, livestock, or other animal shall cause, permit, or allow the same to be brought into, allow to be loose within, or run at large upon the skate facility. Even with a chain or leash, such animals are prohibited within the skate facility. F. No private rental of a skate facility is permitted. G. No formal or organized contests or activities of any kind shall be held in a skate facility with the exception of a city sponsored event. H. Ramps, jumps, or other obstacles, equipment, or structures may not be brought into the skate facility, unless written approval is obtained from the city manager or designated representative in conjunction with a city sponsored event. I. All food and beverages are prohibited in a skate facility, unless written approval is obtained from the city manager or designated representative in conjunction with a city sponsored event. 12.16.200 Dog park. The following provisions for dog park use are in addition to the other requirements of this chapter. Section 12.16.040, Animal control, and Section 12.16.160, Requirement and enforcement of park rental permits, are modified by the following dog park use requirements. A. Hours of operation for the dog park shall be established by city council resolution. B. All dogs that are brought into the dog park must have a current dog license and must be wearing a collar with a current license tag as required by Section 6.16.010, Licenses required, and 6.16.070, Tag issuance. C. All dogs that are brought into the dog park must be healthy with no contagious conditions, parasite free, and vaccinated as required by Section 6.20.010, Vaccination required. D. Potentially dangerous dogs, vicious dogs, female dogs in heat, and puppies under four (4) months of age are prohibited from entering the dog park. Dogs exhibiting threatening or aggressive behavior must be immediately removed from the dog park. In the event of a dog bite or other injury caused by a dog, the person having charge, care, custody or Ordinance No. 392 Page 9 control of the dog that caused the injury must provide current license tag information and a telephone number to the injured parry. E. The City Council may by resolution prohibit any breed or type of dog from entering the dog park. F. Small dogs of 29 pounds or less shall be restricted to use of the fenced and designated small dog area of the dog park. Large dogs of 30 pounds or more shall be restricted to use of the fenced and designated large dog area of the dog park. G. Dogs shall be taken off leash in the double gated holding area at the dog park entrance. Dogs shall be off leash once inside the fenced area of the dog park. All other provisions of Section 6.08.050, Leash requirements, and Section 12.16.040, Animal control, shall be enforced. All persons owning or having charge, care, custody or control of any dog in the dog park must carry a leash. H. A maximum of four (4) dogs per person age sixteen (16) or older shall be allowed inside the dog park at any one time. Dogs may not be left unattended in the dog park, and close supervision of all dogs is required. I. No children under six (6) years of age are permitted in the dog park. Children age six (6) to age fifteen (15) are permitted in the dog park with adult supervision. J. All persons bringing a dog into the dog park shall be responsible for cleaning up after their dog, disposing of dog feces in the designated dog waste receptacles, and filling and repairing holes dug by their dog. K. All human and dog food, including food products, are prohibited in the dog park. L. Use of noise amplification equipment, including bullhorn, air horn, or similar device which results in noise disturbance, is prohibited in the dog park. M. Commercial use of the dog park is prohibited, including dog training classes, dog grooming, and solicitations or advertisement for pet related services. N. No private rental of the dog park is permitted. O. No private equipment, attraction, or structure may be brought into the dog park. 12.16.210. Parking restrictions. Parking restrictions for parks and open space shall be established by resolution of the city council. Violations of any such restrictions shall be prosecuted as an infraction unless otherwise indicated by city council resolution." Ordinance No. 392 Page 10 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 392 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21 st day of July, 2010, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 5th day of August, 2010. Deborah S. Traffenstedt, Clerk (seal)