HomeMy WebLinkAbout2009-01-27; City Council; 19702; Amend Sections of The Carlsbad Municipal CodeCITY OF CARLSBAD - AGENDA BILL
AB# 19,702
MTG. 1/27/09
DEPT. REC
AMEND SECTIONS 11.32.030 AND
1 1 .32.040 AND ADD SECTION 1 1 .32.01 5
TO CHAPTER 1 1.32 OF THE CARLSBAD
MUNICIPAL CODE
DEPT. HEA(F2^
CITYATTY. "~dP^
CITY MGR. \j^
, of the City Council of the City of Carlsbad,
RECOMMENDED ACTION:
Introduce Ordinance No. cs-022
California amending Sections 11.32.030 and 11.32.040 of Chapter 11.32 of the Carlsbad
Municipal Code, and adding Section 11.32.015 to Chapter 11.32 of the Carlsbad Municipal
Code, related to unlawful acts in public parks and beaches, and adding a "Definitions" section to
this chapter.
ITEM EXPLANATION:
A recent revision to City of Carlsbad Council Policy Statement 28, Facility Use Regulations, has
prompted proposed revisions to Chapter 11.32 of the Carlsbad Municipal Code regulations
pertaining to public parks and beaches.
Specific items addressed in the proposed changes to Chapter 11.32 include:
1. Adds section 11.32.015 which adopts the definition of the words "Park" and "Vehicle" from
Chapter 10.04 of the Carlsbad Municipal Code.
2. Amends section 11.32.030 by expanding acts that are prohibited in parks and at the beach
to include:
> Animals [e.g. cattle, horse, mule, goat, sheep, swine, cat, domesticated fowl, reptiles,
and other animals, other than dogs that are addressed in 11.32.030(11) and (23)];
> Overnight parking;
> Conducting business without required permits or licenses;
> Selling or offering to sell food without required permits or licenses;
> Use of an Inflatable Party Jump without required permit;
> Use of radio or remote controlled model aircraft, cars or similar devices;
> Groups of 25 or more persons without a valid Park and Facility Use Permit for park
(not beach) use; and
> Temporary construction or use of waterslide, slip and slide, dunk tank, merry-go-
round and climbing wall.
3. Amends section 11.32.030 by permitting an exception for Horses, ponies, or horse drawn
carriages at Leo Carrillo Ranch Historic Park.
4. Amends section 11.32.040 by prohibiting glass containers in park.
DEPARTMENT CONTACT: Mick Calarco 760-802-5857 mcala@ci.carlsbad.ca.us
FOR CITY CLERK'S USE ONL Y. .
COUNCIL ACTION: APPROVED £(
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
The proposed changes to Section 11.32.030 and 11.32.040 and the addition of Section
11.32.015 of Chapter 11.32 supplements and reinforces the rules, regulations and policies
found in Administrative Order 71 and City of Carlsbad Council Policy Statement 28, Facility Use
Regulations. These proposed changes further ensure the public's safe and enjoyable use of
Carlsbad's public parks and beaches.
FISCAL IMPACT:
No direct fiscal impact is anticipated as the result of this action.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378, these
amendments do not constitute a "project" within the meaning of CEQA and therefore, does not
require an environmental review.
EXHIBITS:
1. Ordinance No. cs-022 t Of the City Council of the City of Carlsbad, California,
amending sections 11.32.030 and 11.32.040 of Chapter 11.32 of the Carlsbad Municipal
Code, and adding section 11.32.015 to Chapter 11.32 of the Carlsbad Municipal Code.
2. Strikeout-Underline format of the proposed changes to Chapter 11.32 of the Carlsbad
Municipal Code [e.g. adding section 11.32.015; modifying sections 11.32.030 and
11.32.040].
EXHIBIT 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
AMMENDING SECTION 11.32.030 AND 11.32.040 OF CHAPTER
1
2
4
5
WHEREAS, the Carlsbad City Council concurs that it is6
7
8
9
10
11
12
13
14
15
16
17
22
23
24
25
11.32 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
WHEREAS, the Carlsbad City Council recognizes that the
recommended amendments and additions to Chapter 11.32 "Parks and Beaches"
will result in consistency in regulations governing the use of the City's public parks or
beaches.
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
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 of
6
7
8
9
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,
15
16
17
22
23
24
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
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,
1R 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;
(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;
25 (6) To stable, pasture or keep animals or insects;
26 (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
2 his/her designee or with a valid special event permit or park and facility use permit;
3 (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
9
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
15
16
17
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
his/her designee;
(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
1 ft Carlsbad's beaches.
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
or other areas specifically designated for dog use by the city council, or to dogs
26
25
participating in shows or obedience classes authorized by the Carlsbad community
27
services department on specified areas of parks or beaches.
28
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
10
11
12
13
14
15
16
17
18
19
20
21
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.
Each day such condition exists shall constitute a new and separate offense;
(13) To park or stand any vehicle or trailer in any public park in the city
between the hours of 11:00 PM and 5:00 AM daily, except as permitted by the city
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
designated and posted as camping sites by the city manager or his/her designee;
(16) To play or engage in any sport or sporting event in any picnic area;
(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
25 special event without having first obtained an approved park and facility use
26 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
10
11
12
13
14
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
as part of a supervised recreational activity or as authorized by the owners of the
outer lagoon. This subsection does not apply to officers, agents or employees of
the United States, the state of California, the city, or public utility companies or
other local government agencies, when they are using motor-powered vehicle in
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
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;
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
EXHIBIT 1
(24) 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;
(25) For any person to assemble, collect or gather together in any walk,
passageway or pathway 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 manner;
(26) Nothing herein contained shall prevent the operation of motor vehicles
and free right of public access over, or across any validly dedicated public street or
road in the city;
(27) 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 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
health permit(s) issued by County of San Diego Department of Health, and if
required, a City of Carlsbad Business License. This subsection shall not apply to
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
houses, or similar is a structure that when inflated by a blower or similar inflating
takes on a particular form where a person can bounce, jump, climb and slide on
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
EXHIBIT 1
the inflatable device. The inflatable devices normally have safety features built into
the design and are rugged with reinforced construction.
(30) The temporary construction or use of a water slide, slip and slide, dunk
tank, merry-go-round and climbing wall is prohibited except by permission of the
city manager or his/her designee.
(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.
(Ord. NS-557 § 1, 2000; Ord. NS-286 § 5 (part), 1994; Ord. NS-56 § 3, 1989; Ord.
NS-51 § 1, 1989; Ord. 3222 § 2 (part), 1987);
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,
jar, bottle or container made of glass and used for carrying or containing any liquid
for drinking purposes on any beach, any park or on any street, sidewalk, alley,
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
remain on any beach or on any street, sidewalk, alley, highway, bluff top or
parking lot immediately adjacent to such beach except by permission of the city
manager or his/her designee.
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
EXHIBIT 1
(Ord. NS-49 § 1, 1988; Ord. 3222 § 2 (part), 1987);
EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
2 the 27th day of January, 2009, and thereafter.
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
4 City of Carlsbad on the day of , 2009, by the following vote to wit:
5
6 AYES:
7 NOES:
ABSENT:
9 ABSTAIN:
10
11 APPROVED AS TO FORM AND LEGALITY
12
13
RONALD R. BALL, City Attorney
15
16 CLAUDE A LEWIS, Mayor
17
18 ATTEST:
19
20 LORRAINE M. WOOD, City Clerk
21 (SEAL)
22"
23
24
25
26
27
28
EXHIBIT 2
Title 11 PUBLIC PROPERTY
Chapter 11.32 PARKS AND BEACHES
11.32.015 Definitions.
Whenever the words "Park" and "Vehicle" are used in this Chapter, they shall have
the meaning ascribed to them in Chapter 10.04 of this Code.
11.32.030 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, rubbish, 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, barbecue pits, fire
rings and the like;
(3) To commit any act of vandalism, including 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, 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;
(7) To ontor any portion of a public park or boaoh in tho city, or buildingc or
portions thereof in such public parks and beaches which are posted with signs
stating "no ontry," "koop out," "no trespassing," "closod aroa" or othor prohibition of
£*r\tv\i'"' '"Jt
No person shall bring into a public park or beach any cattle, horse, mule,
goat, sheep, swine, cat, other animal, fowl or reptile of any kind except as
hereafter specifically provided or as otherwise permitted bv the city manager or
his/her designee or with a valid special event permit or park and facility use
permit:
(78) 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 prohibition of
entry;
EXHIBIT 2
(89) 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;
(810) To park any automobiloc or any othor vehicles or trailer in any public
park or beach in the city, 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
animal or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on
Carlsbad's beaches.
Notwithstanding any other provisions of this chapter, this section does not
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 or other areas specifically designated for dog use by the city
council, or to dogs participating in shows or obedience classes authorized by the
Carlsbad community services department on specified areas of parks or beaches.
This prohibition does not apply to Leo Carrillo Ranch Historic Park with a
valid park and facility use permit issued bv the city manager or his/her desianee
authorizing one or more horses, ponies, or horse drawn carriages:
(4012) 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 permanent or
temporary 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. Each day such condition exists shall constitute a new and separate offense;
(13) To park or stand any vehicle or trailer in any public park in the city
between the hours of 11:00 PM and 5:00 AM daily, except as permitted bv the city
manager or his/her designee:
(4214) To cut and remove any wood or to remove turf, grass, soil, rock,
sand, gravel or fertilizer;
(431_5) To camp or lodge in any park or beach except in those areas
designated and posted as camping sites by the city manager or his/her designee:
(441j6) To play or engage in any sport or sporting event in any picnic area;
(4£t7) 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
permit. This subsection shall not apply to any beach in the citv:
(4£1_9) To distribute any handbills or circulars, or to post, place or erect any
bills, notice, paper, or advertising device or matter of any kind;
(4220) To sell or offer for sale or to rent or lease any merchandise, article
or thing, whatsoever, unless granted a valid special event or park and facility use
permit issued by the city council or his/her designee:
EXHIBIT 2
(4321) To practice, carry on, conduct or solicit for any trade, occupation,
business or profession of whatsoever kind or character without permission of the
city council or city manager;
(4022) To use or operate any motor poworod vehicles at any time, except
as permitted by the city manager, or his/her desianee. in a park, designated
streets or parking areas or as part of a supervised recreational activity or as
authorized by the owners of the outer lagoon. This subsection does not apply to
officers, agents or employees of the United States, the state of California, the city,
or public utility companies or other local government agencies, when they are
using motor-powered vehicle in 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 installation, maintenance, repair or servicing of
utility lines, generation, intake and outfall facilities, cooling water resources and
other related facilities;
(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
obedience classes authorized by the Carlsbad community services department in
specified areas of parks, dog parks or other areas specifically designated for dog
use by the city council. No person shall allow or permit any dog to destroy any real
or personal property or to commit a nuisance on any park property. It is the duty of
persons having control of a dog to curb such a dog while in a park area;
(2024) 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;
(2425) For any person to assemble, collect or gather together in any walk,
passageway or pathway 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 manner;
(22-26) Nothing herein contained shall prevent the operation of motor
vehicles and free right of public access over, or across any validly dedicated
public street or road in the city;
(2427) 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 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 health permit(s)
issued bv County of San Diego Department of Health, and if reguired. a City of Carlsbad
Business License. This subsection shall not apply to 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 houses, or similar is a
structure that when inflated bv a blower or similar inflating takes on a particular form
EXHIBIT 2
where a person can bounce, jump, climb and slide on the inflatable device. The
inflatable devices normally have safety features built into the design and are rugged
with reinforced construction.
(30) The temporary construction or use of a water slide, slip and slide, dunk tank,
merrv-ao-round and climbing wall is prohibited except bv permission of the city manager
or his/her designee.
(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.
(Ord. NS-557 § 1, 2000; Ord. NS-286 § 5 (part), 1994; Ord. NS-56 § 3, 1989; Ord. NS-
51 § 1,1989; Ord. 3222 § 2 (part), 1987);
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, j'ar,
bottle or container made of glass and used for carrying or containing any liquid for
drinking purposes on any beach, any park or on any street, sidewalk, alley, highway, or
parking lot immediately adjacent to such park or beach except bv permission of the citv
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 remain on any
beach or on any street, sidewalk, alley, highway, bluff top or parking lot immediately
adjacent to such beach except bv permission of the citv manager or his/her designee.
(Ord. NS-49 § 1, 1988; Ord. 3222 § 2 (part), 1987);