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Home My WebLink AboutAGENDA REPORT 2009 0715 CC REG ITEM 09F ITEM 9.f. CITY OF MOORPARK,CALIFORNIA City Council Meeting Of 1070-.,.I MOORPARK CITY COUNCIL 9 ACTION:. AGENDA REPORT BY: TO: Honorable City Council FROM: Deborah S. Traffenstedt, Administrative Services Director/City Clerks6T— DATE: July 9, 2009 (CC Meeting of 7/15/09) SUBJECT: Consider Ordinance Deleting Chapter 8.34,Skate Facility,of Title 8,Health and Safety, and Amending Chapter 12.16, Parks, to Revise the Chapter Title to Parks, Recreation Facilities and Open Space, and to Add a New Section 12.16.170, Skate Facility, to Chapter 12.16 of Title 12 of the Moorpark Municipal Code BACKGROUND AND DISCUSSION At the City Council's regular meeting on June 17, 2009,the City Council reviewed draft skate park rules that were intended to be in place prior to the opening of the City's new skate park. Staff was directed to prepare a draft ordinance to incorporate appropriate regulations for skate park use into the Moorpark Municipal Code (MMC). Staff has prepared a draft ordinance (attached), and is proposing to relocate skate facility regulations currently adopted into Chapter 8.34 (Skate Facility) into Chapter 12.16, Parks, of the MMC. Staff's opinion is that the skate facility provisions should be included under Title 12, Streets, Sidewalks and Public Places (versus current Title 8, Health and Safety), and is proposing to amend the title of Chapter 12.16 to Parks, Recreation Facilities and Open Space. Another reason for moving the skate facility regulations into Chapter 12.16 is that several of the proposed skate park rules that were reviewed at the June 17 meeting are already adopted and incorporated into Chapter 12.16, such as regulations for littering, alcoholic beverages prohibited, excessive noise prohibited,vending prohibited, etc. The skate facility use requirements have been expanded in the attached draft ordinance to incorporate appropriate sections of the skate park rules reviewed at the June 17 meeting, and to add the reference to applicable provisions of Chapter 12.16. Staff wanted to bring to the Council's attention the language in Section 12.16.170.6.7 of the attached draft ordinance, which prohibits private rental of a skate facility, since this had not been discussed previously. In addition, the City Attorney has recommended deletion of the Violation—Penalty section previously incorporated into Chapter 8.34 as Section 8.34.040, because it limited a violation to be enforced as an infraction. Section 8.34.040 also incorrectly referenced Chapter 1.12 (Nuisances) instead of Chapter 1.10 (Code Violations, 042 Honorable City Council July 15, 2009, Regular Meeting Page 2 Penalties and Enforcement). The attached draft ordinance does not include penalty and enforcement language;therefore,the language in Chapter 1.10 will prevail, including Section 1.10.020.0 as follows: C. Any person violating any of the provisions of this code may be prosecuted as an infraction punishable by fine,or as a misdemeanor and punishable by fine or imprisonment, or both, in accordance with Government Code Section 36900,et seq., unless the offense is specifically classified in this code or by state law as an infraction.All violations shall be a misdemeanor unless made an infraction by: (1) the city attorney filing a complaint in the municipal court specifying that the offense is an infraction;or(2)the issuing of a citation by an officer specifying that the violation is an infraction;or(3)the city attorney making a motion in court to reduce a misdemeanor to an infraction if such motion is made prior to the trial on the matter. Sections 12.16.170.B.3 and 12.16.170.13.5 of the attached draft ordinance include requirements that age restrictions for skate facility users, hours of operation, and provisions for closure for City sponsored events or for potentially hazardous conditions shall be established by city council resolution. Staff's intent is to schedule an agenda item for the September 2 regular meeting consistent with Sections 12.16.170.13.3 and 12.16.170.6.5. Adopting the age restrictions for skate facility users, hours of operation, and provisions for closure for City sponsored events or for potentially hazardous conditions by resolution permits an easier amendment process. The City Attorney's Office has reviewed and concurs with the attached draft ordinance. FISCAL IMPACT None. STAFF RECOMMENDATION 1. Introduce Ordinance No. for first reading,waive full reading, and schedule second reading and adoption for September 2, 2009; and 2. Direct staff to schedule an agenda item for the September 2, 2009, meeting consistent with Sections 12.16.170.8.3 and 12.16.170.13.5 of the ordinance. Attachment: Draft Ordinance 043 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, DELETING CHAPTER 8.34, SKATE FACILITY, OF TITLE 8, HEALTH AND SAFETY, AND AMENDING CHAPTER 12.16, PARKS, TO REVISE THE CHAPTER TITLE TO PARKS, RECREATION FACILITIES AND OPEN SPACE, AND TO ADD A NEW SECTION 12.16.170, SKATE FACILITY, TO CHAPTER 12.16 OF TITLE 12 OF THE MOORPARK MUNICIPAL CODE WHEREAS, the chapter title for Chapter 12.16 is proposed to be revised from Parks to Parks, Recreation Facilities and Open Space; and WHEREAS Chapter 8.34, Skate Facility, is proposed to be deleted and revised skate facility code regulations are proposed to be incorporated into the newly titled Chapter 12.16, Parks, Recreation Facilities and Open Space, as Section 12.16.170, Skate facility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The title for Chapter 12.16 is hereby revised to read as follows: "Parks, Recreation Facilities and Open Space". SECTION 2. Chapter 8.34, Skate Facility, of Title 8, of the Moorpark Municipal Code is hereby deleted and a new Section 12.16.170, Skate facility, is hereby added in its entirety to Chapter 12.16 to read as follows: "12.16.170 Skate facility. A. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them below: ,,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. 044 Ordinance No. Page 2 B. Skate facility use requirements. 1. 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. 2. All users of the city's skate facility must wear protective gear at all times while using said facility. 3. Skate facility age restrictions for users may be established by city council resolution. 4. With the exception of Section 12.16.010, Hours of operation, Section 12.16.020, Animal control, and Section 12.16.140, Requirement and enforcement of park rental permits, all other provisions of Chapter 12.16 are applicable to a skate facility. 5. 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 12.16.010 for a public park, public open space or public recreation grounds. 6. 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. 7. No private rental of a skate facility is permitted. 8. 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. 9. 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 his/her designee in conjunction with a City sponsored event. 10. All food and beverages are prohibited in a skate facility, unless written approval is obtained from the city manager or his/her designee in conjunction with a City sponsored event." SECTION 3. 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 045 Ordinance No. Page 3 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 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. 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 weekly 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. PASSED AND ADOPTED this day of , 2009. Janice S. Parvin, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 046