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Home My WebLink AboutAGENDA REPORT 1996 0501 CC REG ITEM 10ICITY OF MOORPARK AGENDA REPORT TO: The Honorable City Council FROM: Christine Adams, Director of Community Servi DATE: April 18, 1996 (Meeting of May 1, 1996) SUBJECT: Consider Adoption of Ordinance No. 114,1L, Relative to the Home Acres Buffer Zone M-11"A &01W The City Council at their meeting of April 17, 1996, took action to establish the hours of operation for the Home Acres Buffer Zone at six (6:00) a.m. to ten (10:00) p.m. daily. In a related action, the Council requested that a City ordinance be drafted for the Council's consideration to address specific regulations and guidelines for the Buffer Zone. The attached draft ordinance contains much of the same language that is found in the Moorpark Municipal Code, Chapter 12.16, relating to parks. The draft ordinance limits the accessibility of horses and other riding animals on the Buffer Zone. The recorded improvement map of the buffer zone identifies a 20' wide easement along the west boundary of the buffer zone for equestrian use. The draft ordinance clarifies this area of the buffer zone, based on the approved easement, that is accessible to horses. The draft ordinance further exempts City and County employees from having access at hours other than specified, and exempting City and County employees from driving motor vehicles onto the buffer zone when necessary for maintenance or emergency service. RECOMMENDATION Introduce Ordinance No. for first reading. Attachment: Draft Ordinance No. , Relating to Home Acres Buffer Zone. 3 M ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, PERTAINING TO THE OPERATION AND CONTROL OF THE HOME ACRES BUFFER ZONE IN THE CITY OF MOORPARK. WHEREAS,. as a condition of the City of Moorpark Tract Map 4341, the developer was required to dedicate land for a buffer zone, hereinafter "Buffer Zone" between the area encompassed by the City of Moorpark Tracts 4341, 4340, and 4342, and the unincorporated community of Home Acres; and WHEREAS, the City of Moorpark established through a Joint Powers Agreement with the County of Ventura the authority to coordinate the funding, landscape improvements and maintenance of Buffer Zone; and WHEREAS, the City of Moorpark and the County of Ventura, by means of the Joint Powers Agreement adopted in 1989, initiated the formation of an Assessment District to provide for the funding, landscape improvements, and maintenance of the Buffer Zone; and WHEREAS, said landscape improvements were completed and accepted by the City of Moorpark in December, 1995; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Buffer Zone: "Buffer Zone" is herein defined as the area encompassed by the City of Moorpark Tracts 4341, 4342, and 4340, and the unincorporated community of Home Acres. City: "City" is herein defined as the City of Moorpark, California. County: "County" is herein defined as the County of Ventura, California. Home Acres: "Home Acres" is herein defined as the unicorporated community located to the immediate southwest of of the City boundary. JPA: "JPA" is herein defined as the Joint Powers Agreement established in 1989 by City and County, to provide the authority for funding, landscape improvements, and maintenance for Buffer Zone. Section 2. Hours of Operation No person shall enter or remain in the Buffer Zone during the hours of ten (10:00) p.m. to six (6:00) a.m. City or County employees having official business related to the maintenance of Buffer Zone or the adjacent flood control channel, or needing access for emergency purposes shall be exempt from this Section. City Council may amend hours by resolution at their sole discretion. Section 3. Animal Control a) No person owning or having charge, care, custody or control of any dog or cat shall cause, permit, or allow the same to be loose or run at large upon Buffer Zone, 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. b) No person owning or having charge, care, custody, or control of any horse shall cause, permit, or allow the same to be upon the Buffer Zone at any time, except for upon the twenty (20) food wide area established as an Equestrian Easement, which is located along the northwest side of the Buffer Zone boundaries,from immediately north of the west entry gate, north to the buffer zone north boundary, and then only for purposes of going from the south end of the equestrian easement to the north end of the easement. c) Any person owning or having charge, care, custody, or control of any animal as mentioned in (3) (a) and (b) above, shall be responsible for debris, litter, or contaminant caused by such animal and any neglect of such responsibility shall be construed as littering as defined in Section 4. of this ordinance. ion 4. Littering Prohibited No person shall drop or deposit refuse, trash, contaminants or litter in Buffer Zone, except in receptacles provided therefor, nor place in said receptacles any refuse, trash, contaminants or litter brought from private property. Section 5. Alcohol Beverages Prohibited No person shall possess or consume any alcoholic beverages in Buffer Zone. Section 6. Excessive Noise Prohibited No person shall make excessive noise through the use of amplifying equipment or any other means in Buffer Zone that tend to distract or disturb nearby residents. Persons using sound amplification equipment shall keep the sound level of such equipment at a reasonable level, as reference in the Moorpark Municipal Code, Chapter 9.28, relating to noise in a residential area, to avoid disturbing other people using Buffer Zone or nearby residents. Section 7: Public Conduct No person shall engage in boisterous, threatening, abusive, insulting, or indecent language or engage in any disorderly conduct or behavior tending to breach the peace and interfering with the enjoyment of others in Buffer Zone. Section 8: Duplicating Keys Prohibited No person shall duplicate keys used by City or County for padlocks or locks of any type at Buffer Zone, without expressed written permission by the City Manager or his designee. Section 9: Campina and Lodaina Prohibited No person shall loiter, camp or lodge in Buffer Zone. Section 10: Fire Control No person shall make or kindle a fire for any purpose in Buffer Zone. Section 11: Damaging of Property Prohibited No person shall cut, break, injure, tamper with, deface, remove or disturb any tree, shrub, plant, rock, wall, fence, sign, structure, apparatus, or property in Buffer Zone. Section 12: Fireworks and Weapons Prohibited No person shall discharge any firearm, firecrackers, rockets, torpedoes, or other fireworks, or airguns, or sling shots in Buffer Zone. Further, no person shall engage in the activities of golf, archery, motor driven model airplane flying or rocketry in Buffer Zone. Section 13: Vehicles and Other Conveyances No person shall operate, ride, or drive truck, trailer, or other motor vehicle or County employees having official maintenance of Buffer Zone or adjacent responding to an emergency call, sr Section. an automobile, motorcycle, in the Buffer Zone. City business related to the flood control channel, or call be exempt from this No person shall bicycle, roller skate, roller blade, or skateboard on other than sidewalks or paths designed for pedestrians. At all times, bicycles, roller skates, roller blades or skateboard shall be operated, driven, or ridden with reasonable regard to the safety of others in Buffer Zone, and furthermore engage in the activity at their own risk. Section 14: Severability: If any term, covenant, condition or provision of this Ordinance is found by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Section 15: This Ordinance shall become effective thirty (30) days after its passage and adoption. Section 16: The Mayor shall sign this Ordinance, and the City Clerk shall attest and certify to the passing and adoption of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this day of ATTEST: Lillian E. Hare City Clerk CITY OF MOORPARK Paul W. Lawrason Mayor , 1996 ne r, I