HomeMy WebLinkAbout2009-02-10; City Council; 19721; Amendments to CMC regarding Parks and BeachesCITY OF CARLSBAD - AGENDA BILL 16
19.721AB#
MTG. 02/10/09
DEPT. Clerk
AMENDMENTS TO CHAPTER 11.32 OF THE
CARLSBAD MUNICIPAL CODE REGARDING
PARKS AND BEACHES
DEPT.
CITYATTY
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-022 approving an Amendment to Section 11.32.030 of the Carlsbad
Municipal Code expanding acts that are prohibited in parks and at the beach; and, amending
Section 11.32.040, prohibiting glass containers in parks and at the beach; and, adding
section 11.32.015, adopting the definitions of "Park" and "Vehicle" from Chapter 10.04 of the
Carlsbad Municipal Code.
ITEM EXPLANATION:
Ordinance No. CS-022 was introduced and first read at the City Council meeting held on
January 27, 2009. The second reading allows the City Council to adopt the ordinance, which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 19,702 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. CS-022.
DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED g
DENIED D
CONTINUED D
WITHDRAWN O
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
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
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WHEREAS, the Carlsbad City Council concurs that it is6
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10 WHEREAS, the Carlsbad City Council recognizes that the
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recommended amendments and additions to Chapter 11.32 "Parks and Beaches"
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will result in consistency in regulations governing the use of the City's public parks or
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beaches.14
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EXHIBIT 1
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
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
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Municipal Code is amended to read as follows:
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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
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the meaning ascribed to them in Chapter 10.04 of this Code.
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EXHIBIT 1
1 11.32.030 Unlawful acts.
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3 It is unlawful for any person to do any of the following mentioned acts in or upon
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any park or beach within the city:
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(1) To dump or deposit any trash, refuse, rubbish, litter, or other kind of6
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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
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rings and the like;
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(3) To commit any act of vandalism, including the damaging or destroying of
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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
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such portions of public parks or beaches which are specifically designated by the
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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;
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(7) No person shall bring into a public park or beach any cattle, horse, mule,
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goat, sheep, swine, cat, other animal, fowl or reptile of any kind except as
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his/her designee or with a valid special event permit or park and facility use permit;
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(8) To enter any portion of a public park or beach in the city, or buildings or
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portions thereof in such public parks and beaches which are posted with signs
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stating "no entry," "keep out," "no trespassing," "closed area" or other prohibition of6
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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
legible sign posted at each entrance to such public park or beach. The city
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manager is given authority to post such signs;
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(10) To park any vehicles or trailer in any public park or beach in the city,
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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
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Carlsbad's beaches.
animal or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on
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19 ..Notwithstanding any other provisions of this chapter, this section does not
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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
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participating in shows or obedience classes authorized by the Carlsbad community
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services department on specified areas of parks or beaches.
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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;
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(12) To construct or erect on any portion of a public park or beach in the city
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any building, fence or structure of whatever kind, whether permanent or temporary
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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
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between the hours of 11:00 PM and 5:00 AM daily, except as permitted by the city
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manager or his/her designee;14
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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.
(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;
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(16) To play or engage in any sport or sporting event in any picnic area;
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(17) To disturb in any manner any picnic, meeting, service, concert,21
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
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permit. This subsection shall not apply to any beach in the city;
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(19) To distribute any handbills or circulars, or to post, place or erect any
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bills, notice, paper, or advertising device or matter of any kind;
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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;
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(21) To practice, carry on, conduct or solicit for any trade, occupation,
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business or profession of whatsoever kind or character without permission of the
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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
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the United States, the state of California, the city, or public utility companies or
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other local government agencies, when they are using motor-powered vehicle in14
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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 installation, maintenance, repair or servicing of utility lines, generation, intake and
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outfall facilities, cooling water resources and other related facilities;
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(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
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or personal property or to commit a nuisance on any park property. It is the duty of
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persons having control of a dog to curb such a dog while in a park area;
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2 closet, restroom, dressing room or other facility designated for exclusive use by
3 persons of the opposite sex in a public park or beach;
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(25) For any person to assemble, collect or gather together in any walk,
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passageway or pathway set apart for the travel of persons through any park or6
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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
and free right of public access over, or across any validly dedicated public street or
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road in the city;
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(27) No person shall play or practice golf or swing any golf club within any
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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
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health permit(s) issued by County of San Diego Department of Health, and if
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required, a City of Carlsbad Business License. This subsection shall not apply to
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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
25 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
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takes on a particular form where a person can bounce, jump, climb and slide on
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the design and are rugged with reinforced construction.
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(30) The temporary construction or use of a water slide, slip and slide, dunk
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tank, merry-go-round and climbing wall is prohibited except by permission of the
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city manager or his/her designee.
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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.
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(Ord. NS-557 § 1, 2000; Ord. NS-286 § 5 (part), 1994; Ord. NS-56 § 3, 1989; Ord.
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NS-51 § 1, 1989; Ord. 3222 § 2 (part), 1987);
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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,
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for drinking purposes on any beach, any park or on any street, sidewalk, alley,
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highway, or parking lot immediately adjacent to such park or beach except by
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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
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remain on any beach or on any street, sidewalk, alley, highway, bluff top or
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parking lot immediately adjacent to such beach except by permission of the city
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manager or his/her designee.
EXHIBIT 1
1 (Ord. NS-49 §1,1988; Ord. 3222 § 2 (part), 1987);
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3 EFFECTIVE DATE: This ordinance shall be effective thirty days after
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its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
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to be published at least once in a newspaper of general circulation in the City of
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Carlsbad within fifteen days after its adoption.
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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 10^ day of February. 2009 by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
R&NALD-R. BALL, City Attorney
A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk J
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