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HomeMy WebLinkAbout1990-11-19; City Council; 1190-6; Citizen Request/Informal Golf ActivitiesPARKS & RECREATION COMMISSION - AGENDA BILL o < COy> ou AB * »» \\j v 111 i-c. CITIZEN REQUEST/INFORMAL GOLF ACTIVITIES WITHIN CARLSBAD PARKS (ACTION) RECOMMENDED ACTION: Deny citizen request based upon municipal code Ordinance 11.32.030(24}. 7 ~& ITEM EXPLANATION; The Department staff has received a letter from Mr. Don Friedlander requesting an accommodation for informal golf activities within Carlsbad's parks. The attached letter (Exhibit 1) outlines a number of reasons why Mr. Friedlander is requesting opportunities be made for informal golf activities. Subsequently, he is requesting that the language of the existing ordinance (Exhibit 2) be amended or modified to eliminate the prohibition against "practic(ing) golf or swing(ing) any golf club within any park within the City or in providing and posting areas for such activity in public parks such as Holiday Park, in accordance with the terms of the ordinance, as it currently reads." Staff and Mr. Friedlander discussed this issue September 28, 1990. Staff informed Mr. Friedlander of the existing ordinance and explained several reasons for the institution of this ordinance such as maintenance, safety, and liability concerns. Pursuant to this conversation, Mr. Friedlander had been informed of appeal processes with respect to the adopted ordinance. Upon receipt of the attached letter, staff believes the next appropriate level for discussion would be the Parks and Recreation Commission. Mr. Friedlander has been notified that this issue will be addressed at this evening's Parks and Recreation Commission meeting. EXHIBITS; 1. Letter, October 7, 1990 2. Municipal Code Chapter 11.32, Parks and Beaches Y\ 39 RECEIVED OCT 1 11990 2245 Nob Hill Drive Carlsbad, CA 92OO8 October 7, 199O David Bradstreet, Director Parks & Recreation 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mr. Bradstreet: This letter is a follow up to our conversation of September 28 regarding informal "golfing" activities in Carlsbad city parks, an act currently prohibited by Ordinance 11.32.030 . I am writing this letter to make my views a matter of record and in the hope that some accommodation can be made in Carlsbad parks for informal golf activities. I refer to the driving of practice ("wiffle") balls which, as you know, are essentially dimpled or perforated plastic, ping pong-like balls. I assume you agree with my basic premise that public parks are provided for the purpose of (1) the enjoyment of people who wish to avail themselves of such facilities (2) to engage in activities suitable to such an environment (3) without adverse impact upon others or damage to the facility. Taking these features one at a time: (1) Enjoyment of People — There appears to exist in the view of some personnel in your department the belief that parks exist for their own sake and that any activity having a potential for impacting maintenance of the grounds in pristine condition is not allowable. Essentially, this philosophy is parks-for—trees- and-grass not for people, a contradiction of basic purpose. This kind of thinking, in its extreme, lead to the "keep off the grass" signs in parks of the East, in the more innocent time of my youth: One could be cited for straying from the (paved) path back then. I assume these restrictions no longer exist in this more "liberated" age. (2) Suitable Activities — The following activities observed at Holiday Park I think are representative. Specific facilities are provided for a children's play area and, interestingly, a horseshoe pitching area. In addition, benches and tables are installed for picnicing. I have observed the greens used for informal games of baseball (soft and hard), football, soccer, and foot races. I have even witnessed people simply strolling thru or stopping to sit and rest. 40 EXHIBIT 1 (3) Without Adverse Impact — This factor is, of course, central to the issue at hand and is the presumed basis for the prohibitions contained in Ordinance 11.32.03O . However, I feel the inclusion of a prohibition to "swing any golf club" is unwarranted. There is no more danger inherent in such activity than in swinging a baseball bat, which is, of course, not prohibited. Prac- ticing golf by striking a wiffle ball poses virtually no danger to people and certainly does not compare to the potential for injury from struck, thrown, or kicked baseballs (hard or soft), footballs, or soccer balls. None of these latter activities is prohibited, and for good reason: Each is appropriate to a public park and each such activity, respon- sibly engaged in, presents no undue danger to other park users. This is equally true of practice swings with golf clubs, appropriately using the wiffle ball which is designed for this purpose. Concern has been expressed about the potential for damage to grass areas from the swung club, i.e. taking divots. Again, I would point out that other sports involving kicking or simply field running, frequently in informal teams, in which spiked shoes may be worn, are capable of "like damage but are not prohibited because it is generally recognized that these informal practice, or just for fun, activities are appropriate to public park usage. I suggest practice golf- ing employing wiffle balls, falls in this same category. The concern has been expressed that, if this prohibition is lifted, irresponsible individuals may take to using real golf balls and/or may handle clubs in a dangerous or damaging manner. One cannot deny the potential for irresponsible action. But, again, this is true in each of the permitted activities I have touched on, as it is in much of life's everyday activities. Democratic societies handle this concern by attempting to control offending individuals, not by prohibiting otherwise legitimate activities. And, finally, the argument has been made that there are golf courses, planned and extant, providing opportunities for practice. Such facilities, however, are designed for organized play and formal practice. Prohibiting the informal activity I have advocated on this basis would be equivalent to prohibiting the informal play of baseball, football, and soccer in public parks because there exist playing fields and practice facilities for each of these sports: an unreasonable thought, I'm sure you will agree. I would, therefore, request your initiative in either modify- ing Ordinance 11.32.030 to eliminate the prohibition against "practic(ing) golf or swing(ing) any golf club within any park within the city" or in providing and posting areas for such activity in public parks, such as Holiday Park, in accordance with the terms of the Ordinance, as it currently reads. My apologies for the lengthiness of this letter. I could find 41 no shorter way to present the issues which recommend the rectification of this matter and rebut the potential argu- ments for maintaining the unwarranted status quo. Respectfu1ly, Don Friedlander 11.32.010 Chapter 1132 PARKS AND BEACHES Sections: 1132.010 Parks—Scope. 1132.020 Beaches—Scope. 1132.030 Unlawful acts. 1132.040 Glass containers on beach— Prohibited. 1132.050 Public dances. 1132.060 Violations—Seizure of property. 1132.070 Carlsbad seawall—Pedestrians only. 1132.080 Restrictions of areas for exclusive use of surfboards. 1132.090 Hours surfboarding is prohibited. 1132.100 Application of Sections 1132.080 and 1132.090 to lifesaving devices. 1132.010 Parks—Scope. For the purpose of this chapter, parks shall include all dedicated parks, parks established by adverse uses, planted areas open to the general public, parks on leased property, planted park- ways, triangles, and traffic circles maintained by the city, except parkway strips between curb and sidewalk or behind curb, along the several streets and highways of the city. (Ord. 3222 § 2 (part), 1987) 1132.020 Beaches—Scope. For the purpose of this chapter, beaches shall include all beach areas bordering the Pacific Ocean, the Batiquitos Lagoon, the Buena Vista Lagoon and the Agua Hedionda Lagoon. (Ord. 3222 § 2 (part), 1987) 1132.030 Unlawful acts. It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach within the city: (1) To dump or deposit any trash, refuse, rub- bish, litter, or other kind of waste materials, except in approved containers specifically placed and designated to receive such waste materials; (2) To start or maintain any fire, except in such areas as are specifically designated by the city manager for such fires, including stoves, bar- becue pits, fire rings and the like; (3) To commit any act of vandalism, includ- ing the damaging or destroying of 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, sling shots, bows and arrows, except that bows and arrows may be permitted in such portions of public parks or beaches which are specifically designated by the city manager for archery or other projectile- throwing devices; (5) To discharge or set off firecrackers, tor- pedoes, 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; (7) To enter any portion of a public park or beach in the city, or buildings or portions thereof in such public parks and beaches which are posted with signs stating "no entry," "keep out," "no trespassing," "closed area" or other prohibi- tion of entry; (8) 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 legible sign posted at each entrance to such public park or beach. The city manager is given authority to post such signs; (9) To park any automobiles or any other vehicles in any public park or beach in the city, except in areas specifically designated as parking areas by the city manager; 344-1 43 EXHIBIT 2 11.32.030 (10) To construct or erect on any portion of a public park or beach in the city any building, fence or structure of whatever kind, whether per- manent or temporary in character, or run, or string or install any public service utility into, upon or across such lands, except on special writ- ten permit of the city manager as to temporary items and of the city council as to permanent items. Each day such condition exists shall con- stitute a new and separate offense; (11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches. Nothwithstanding any other provisions of this chapter, this section does not apply to the Bati- quitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon. This prohibition does not apply to a dog accompanying an unsighted person, dogs while assisting peace officers in law enforcement duties, or to dogs participating in shows or obe- dience classes authorized by the Carlsbad Parks and Recreation Department on specified areas of parks or beaches. (12) To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravel or fertilizer, (13) To camp or lodge therein except in areas designated and posted on camping sites by the city manager, (14) To play or engage in any sport or sporting event in any picnic area; (15) To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition; (16) To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or advertising device or matter of any kind; (17) To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless granted a valid permit by the city council; (18) To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without permis- sion of the city council; (19) To use or operate any motor-powered vehicles at any time, except as permitted by the city manager in designated streets or parking areas or as part of a supervised recreational activity or as authorized by San Diego Gas and Electric Company in the outer lagoon. This sub- section does not apply to officers, agents or employees of the United States, the state of Cal- ifornia, the city, or public utility companies or other local government agencies, when they are using motor-powered vehicles in the perform- ance of their official duty, nor to the use of motor-powered vehicles in emergencies when it is necessary to use them for the preservation or protection of life or property, nor to utility com- panies using motor-powered vehicles for the installation, maintenance, repair or servicing of utility lines, generation, intake and outfall facili- ties, cooling water resources and other related facilities; (20) No person who is over six years of age shall enter or use any water closet, restroom, dressing room or other facility designated for exclusive use by persons of the opposite sex in a public park or beach; (21) For any person to assemble, collect or gather together in any walk, passageway or path- way set apart for the travel of persons through any park or beach or to occupy same so that the free passage or use thereof by persons passing along the same shall be obstructed in any man- ner, (22) Nothing herein contained shall prevent the operation of motor vehicles and free right of public access over, or across any validly dedi- cated public street or road in the city; (23) No person shall allow any dog owned by him or any dog subject to his 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 obe- dience classes authorized by the Carlsbad parks and recreation department in specified areas of parks. No person shall allow or permit any dog to (Carlsbad 3-89)344-2 44 11.32.030 destroy any real or personal property or to com- mit a nuisance on any park property. It is the duty of persons having control of a dog to curb such dog while in a park area. (24) No person shall play or practice golf or swing any golf club within any park within the city, except in such areas and to the extent as may be authorized by posted signs authorized by the city. (Ord. NS-56 § 3,1989; Ord. NS-51 § 1,1989; Ord. 3222 § 2 (part), 1987) 11.32.040 Glass containers on beach— Prohibited. (a) It is unlawful for any person to have, pos- sess or use any cup, tumbler, jar, bottle or container made of glass and used for carrying or containing any liquid for drinking purposes on any beach or on any street, sidewalk, alley, high- way, or parking lot immediately adjacent to such beach. (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 remain on any beach or on any street, sidewalk, alley, highway, blufftop or parking lot immediately adjacent to such beach. (Ord. NS-49 § 1, 1988; Ord. 3222 § 2 (part), 1987) 1132.050 Public dances. It is unlawful for any person to present, con- duct, hold, or participate in any public dance on any beach, park, navigable water area, or public right-of-way or city-owned property without first having obtained the permission therefor from the city council. (Ord. 3222 § 2 (part), 1987) 11 J2.060 Violations—Seizure of property. The city manager, city police, or employees of the parks and recreation department shall have the authority to seize and confiscate any prop- erty, thing, or device used in violation of the terms of this chapter. (Ord. 3222 § 2 (part), 1987) 11 J2.070 Carlsbad Seawall—Pedestrians only. The Carlsbad seawall sidewalk at the base of the bluff adjacent to Carlsbad State Beach between Tamarack Avenue and Pine Street shall be limited to pedestrians only. No person shall skate or use or ride any rollerskate, coaster, skateboard, bicycle, toy vehicle or any other form of transportation on the Carlsbad seawall sidewalk. (Ord. 3222 § 2 (part), 1987) 11.32.080 Restriction of areas for exclusive use of surfboards. The council determines that the unrestricted operation of surfboards and similar devices in that portion of the Pacific Ocean immediately adjacent to the public bathing beaches within the city, constitute a serious hazard and a threat to the safety of many thousands of bathers, particu- larly during the period between the fifteenth day of May and the first day of October. In order to reduce such hazard and promote public safety during such periods, it is essential that the opera- tion of surfboards and similar devices be restricted within that portion of the Pacific Ocean most frequented by persons using the public beaches. The chief of police, in conjunc- tion with the District Lifeguard Supervisor, Dis- trict VI of the State Department of Natural Resources of Beaches and Parks, is authorized and directed to ascertain, designate, post and mark from time to time, areas for the use of surfboard riding exclusively. (Ord. 3222 § 2 (part), 1987) 11 J2.090 Hours surfboarding is prohibited. It is unlawful for any person to ride, use or otherwise employ a surfboard or similar device in the surf along the beaches of the city between the hours of eleven a.m. and five p.m., Pacific Standard or Daylight Savings Time (whichever is in use) between the fifteenth day of May and the first day of October of any calendar year. Except that it is lawful to surfboard ride at any hour in any area ascertained, designated, posted and 344-3 (Carlsbad 5-89) 45 11.32.090 marked by the chief of police and the District Lifeguard Supervisor, District VI of the State Department of Natural Resources, Division of Beaches and Parks for the use of surfboard riding exclusively, pursuant to this chapter. (Ord. 3222 §2 (part), 1987) 1132.100 Application of Sections 1132.080 and 1132.090 to lifesaving devices. Sections 11.32.080 and 11.32.090 shall not apply to those surfboards or other devices used by or under the direction of the lifeguards for lifesaving purposes or for training purposes. (Ord. 3222 § 2 (part), 1987) (Carlsbad 5-89) 344-4 46