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HomeMy WebLinkAbout2009-01-27; City Council; CS-022; Amending municipal code section 11...EXHIBIT 1 1 ORDINANCE NO. CS-022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING SECTION 11.32.015 TO 3 CHAPTER 11.32 TO THE CARLSBAD MUNICIPAL CODE AND AMENDING SECTION 11.32.030 AND 11.32.040 OF CHAPTER 11.32 2 4 5 WHEREAS, the Carlsbad City Council concurs that it is6 7 8 9 10 WHEREAS, the Carlsbad City Council recognizes that the 11 recommended amendments and additions to Chapter 11.32 "Parks and Beaches" 12 will result in consistency in regulations governing the use of the City's public parks or 15 16 17 OF THE CARLSBAD MUNICIPAL CODE. necessary to add Municipal Code section 11.32.015; and WHEREAS, the Carlsbad City Council concurs that it is necessary to update Municipal Code section 11.32.030, and Municipal Code section 11.32.030; and 13 beaches.14 follows: The City Council of the City of Carlsbad, California, does ordain as Section 11.32.015 is added to Chapter 11.32.030 of the Carlsbad 18 Municipal Code, and 11.32.030 and 11.32.040 of Chapter 11.32 of the Carlsbad 19 Municipal Code is amended to read as follows: 20 21 Title 11 PUBLIC PROPERTY Chapter 11.32 PARKS AND BEACHES 22 23 24 25 11.32.015 Definitions. 26 Whenever the words "Park" and "Vehicle" are used in this Chapter, they shall have 27 the meaning ascribed to them in Chapter 10.04 of this Code. 28 EXHIBIT 1 1 11.32.030 Unlawful acts. 2 3 It is unlawful for any person to do any of the following mentioned acts in or upon 4 any park or beach within the city: 5 (1) To dump or deposit any trash, refuse, rubbish, litter, or other kind of6 waste materials, except in approved containers specifically placed and designated7 8 9 15 16 17 22 23 24 to receive such waste materials; (2) To start or maintain any fire, except in such areas as are specifically 10 designated by the city manager for such fires, including stoves, barbecue pits, fire 11 rings and the like; 12 (3) To commit any act of vandalism, including the damaging or destroying of 13 trees or their leaves, limbs or branches, bushes, shrubbery, equipment, signs, buildings or rooms, or to tear down or to deface the same, or to pick any crops, fruit or flowers in any portion of such public park or beach; (4) To bring into or use any firearms or air or gas or spring-propelled guns, 18 sling shots, bows and arrows, except that bows and arrows may be permitted in 19 such portions of public parks or beaches which are specifically designated by the 20 city manager for archery or other projectile-throwing devices; 21 (5) To discharge or set off firecrackers, torpedoes, rockets or other fireworks except where a special event permit has been granted pursuant to Chapter 8.17; (6) To stable, pasture or keep animals or insects; 26 25 (7) No person shall bring into a public park or beach any cattle, horse, mule, 27 goat, sheep, swine, cat, other animal, fowl or reptile of any kind except as 28 1 his/her designee or with a valid special event permit or park and facility use permit; 3 ma/1 ic (8) To enter any portion of a public park or beach in the city, or buildings or 4 portions thereof in such public parks and beaches which are posted with signs 5 stating "no entry," "keep out," "no trespassing," "closed area" or other prohibition of6 7 8 g 15 16 22 23 24 EXHIBIT 1 hereafter specifically provided or as otherwise permitted by the city manager or entry; (9) To enter any portion of or be in a public park or beach in the city at a time of the day, or on a day of the week, when such entry is prohibited by a clearly 10 legible sign posted at each entrance to such public park or beach. The city 11 manager is given authority to post such signs; 12 (10) To park any vehicles or trailer in any public park or beach in the city, 13 except in areas specifically designated as parking areas by the city manager or his/her designee; (11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any 17 Carlsbad's beaches. animal or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on 18 19 ..Notwithstanding any other provisions of this chapter, this section does not 20 apply to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon. This prohibition does not apply to a dog accompanying an unsighted person, or other person who by reason of medical necessity must be accompanied by a dog, dogs while assisting peace officers in law enforcement duties, dog parks 25 or other areas specifically designated for dog use by the city council, or to dogs 26 participating in shows or obedience classes authorized by the Carlsbad community 27 services department on specified areas of parks or beaches. 28 u 1 2 park and facility use permit issued by the city manager or his/her designee 3 authorizing one or more horses, ponies, or horse drawn carriages; 4 (12) To construct or erect on any portion of a public park or beach in the city 5 any building, fence or structure of whatever kind, whether permanent or temporary6 7 8 9 14 15 16 17 22 23 24 EXHIBIT 1 This prohibition does not apply to Leo Carrillo Ranch Historic Park with a valid in character, or run, or string or install any public service utility into, upon or across such lands, except on special written permit of the city manager or his/her designee as to temporary items and of the city council as to permanent items. 1 Each day such condition exists shall constitute a new and separate offense; 11 (13) To park or stand any vehicle or trailer in any public park in the city 12 between the hours of 11:00 PM and 5:00 AM daily, except as permitted by the city 13 manager or his/her designee; (14) To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravel or fertilizer; (15) To camp or lodge in any park or beach except in those areas 18 designated and posted as camping sites by the city manager or his/her designee; 19 (16) To play or engage in any sport or sporting event in any picnic area; 20 (17) To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition; (18) For any groups consisting of twenty five or more persons to hold, conduct or participate in any celebration, parade, service, picnic, exercise, or other special event without having first obtained an approved park and facility use 26 25 permit. This subsection shall not apply to any beach in the city; 27 (19) To distribute any handbills or circulars, or to post, place or erect any 28 bills, notice, paper, or advertising device or matter of any kind; 1 2 thing, whatsoever, unless granted a valid special event or park and facility use 3 permit issued by the city council or his/her designee; 4 (21) To practice, carry on, conduct or solicit for any trade, occupation, 5 business or profession of whatsoever kind or character without permission of the6 7 8 9 as part of a supervised recreational activity or as authorized by the owners of the 11 outer lagoon. This subsection does not apply to officers, agents or employees of 12 the United States, the state of California, the city, or public utility companies or 13 other local government agencies, when they are using motor-powered vehicle in14 15 16 22 23 24 EXHIBIT 1 (20) To sell or offer for sale or to rent or lease any merchandise, article or city council or city manager; (22) To use or operate any vehicles at any time, except as permitted by the city manager, or his/her designee, in a park, designated streets or parking areas or the performance of their official duty, nor to the use of motor-powered vehicle in emergencies when it is necessary to use them for the preservation or protection of life or property, nor to utility companies using motor-powered vehicle for the 18 17 installation, maintenance, repair or servicing of utility lines, generation, intake and 19 outfall facilities, cooling water resources and other related facilities; 20 (23) No person shall allow any dog owned by him or any dog subject to his 21 control, custody, or possession, to enter upon any park within the city; provided, however, that this subsection shall not apply to dogs participating in shows or obedience classes authorized by the Carlsbad community services department in 25 specified areas of parks, dog parks or other areas specifically designated for dog 26 use by the city council. No person shall allow or permit any dog to destroy any real 27 or personal property or to commit a nuisance on any park property. It is the duty of 28 persons having control of a dog to curb such a dog while in a park area; (r, 1 closet, restroom, dressing room or other facility designated for exclusive use by 3 2 persons of the opposite sex in a public park or beach; 4 (25) For any person to assemble, collect or gather together in any walk, 5 passageway or pathway set apart for the travel of persons through any park or 6 7 8 9 15 16 22 23 24 EXHIBIT 1 (24) No person who is over six years of age shall enter or use any water beach or to occupy same so that the free passage or use thereof by persons passing along the same shall be obstructed in any manner; (26) Nothing herein contained shall prevent the operation of motor vehicles 10 and free right of public access over, or across any validly dedicated public street or 11 road in the city; 12 (27) No person shall play or practice golf or swing any golf club within any 13 park within the city, except in such areas and to the extent as may be authorized by posted signs authorized by the city manager or his/her designee; (28) To sell or offer to sell food, or barter for or solicit a donation for food, without a valid park and facility use permit or special event permit, all applicable 18 17 health permit(s) issued by County of San Diego Department of Health, and if 19 required, a City of Carlsbad Business License. This subsection shall not apply to 20 any state, county or local government entity or other political subdivision; (29) To use any inflatable commonly known as "jump house," "bounce house," "jump bouncers," "bouncy houses," "fun houses," or similar device without a valid Park and facility use permit or special event permit. For purposes of this subsection, jump house, bounce house, jump bouncers, bouncy houses, fun 26 houses, or similar is a structure that when inflated by a blower or similar inflating 27 takes on a particular form where a person can bounce, jump, climb and slide on 28 1 2 the design and are rugged with reinforced construction. 3 (30) The temporary construction or use of a water slide, slip and slide, dunk 4 tank, merry-go-round and climbing wall is prohibited except by permission of the 5 city manager or his/her designee.6 22 23 24 EXHIBIT 1 the inflatable device. The inflatable devices normally have safety features built into (31) To use radio or remote controlled model aircraft, cars or similar devices, excepting the beach area west of Carlsbad Boulevard, between Palomar Airport Road and Solamar Drive. 7 8 9 10 (Ord. NS-557 § 1, 2000; Ord. NS-286 § 5 (part), 1994; Ord. NS-56 § 3, 1989; Ord. 12 NS-51 § 1, 1989; Ord. 3222 § 2 (part), 1987);13 14 15 16 17 11.32.040 Glass containers in park or on beach-Prohibited. (a) It is unlawful for any person to have, possess or use any cup, tumbler, 18 jar, bottle or container made of glass and used for carrying or containing any liquid 19 for drinking purposes on any beach, any park or on any street, sidewalk, alley, 20 highway, or parking lot immediately adjacent to such park or beach except by permission of the city manager or his/her designee. (b) No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken or the contents of which have been partially removed, shall enter, be or 26 25 remain on any beach or on any street, sidewalk, alley, highway, bluff top or 27 parking lot immediately adjacent to such beach except by permission of the city 28 manager or his/her designee. 1 2 3 EFFECTIVE DATE: This ordinance shall be effective thirty days after 4 its adoption; and the city clerk shall certify the adoption of this ordinance and cause it 5 to be published at least once in a newspaper of general circulation in the City of 22 23 24 EXHIBIT 1 (Ord. NS-49 § 1, 1988; Ord. 3222 § 2 (part), 1987); Carlsbad within fifteen days after its adoption. 6 7 8 9 10 „ 11 II 12 II 13 14 15 16 17 18 // 19 II 20 II 21 II II II 25 „ 26 27 II 28 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 27- day of January. 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the Wp day of February. 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. None. None. None. APPROVED AS TO FORM AND LEGALITY R&NALD-R. BALL, City Attorney : A LEWIS, Mayor ATTEST: LORRAINE (SEAL)