Loading...
HomeMy WebLinkAbout2010-01-26; City Council; 20106; Amend CMC Sec 11.32.030 Radio Controlled AircraftCITY OF CARLSBAD - AGENDA BILL AB# 20,106 MTG. 1-26-10 DEPT. CLERK AMENDING SECTION 11.32.030 OF THE CARLSBAD MUNICIPAL CODE RELATED TO OPTIONS FOR RADIO CONTROLLED AIRCRAFT USE IN PARKS AND BEACHES DEPT. HEAD ^ CITYATTY. J CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-074. amending Chapter 11.32, by the amendment of Section 11.32.030 of the Carlsbad Municipal Code to regulate the hours and location of radio or remote controlled aircraft flying in parks and beaches. ITEM EXPLANATION: Ordinance No. CS-074 was introduced and first read at the City Council meeting held on January 12, 2010. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #20,096 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require additional environmental review. EXHIBITS: 1. Ordinance No. CS-074. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 karen.kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED A D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D EXHIBIT 1 ORDINANCE NO. CS-074 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 2 OF CARLSBAD, CALIFORNIA, AMENDING SECTION 11.32.030 OF CHAPTER 11.32 TO THE CARLSBAD MUNICIPAL CODE TO 3 REGULATE THE HOURS AND LOCATION OF RADIO OR REMOTE CONTROLLED AIRCRAFT FLYING. 4 5 6 7 8 Q recommended amendments and additions to Chapter 11.32 "Parks and Beaches" 10 will result in consistency in regulations governing the use of radio or remote 11 controlled model aircraft, cars, or similar devices in the City's public parks or 12 beaches.13 14 15 WHEREAS, the Carlsbad City Council concurs that it is necessary to amend Municipal Code section 11.32.030; and WHEREAS, the Carlsbad City Council recognizes that the The City Council of the City of Carlsbad, California, does ordain as follows: 16 is amended to read as follows: Section 11.32.030 of Chapter 11.32 of the Carlsbad Municipal Code 17 18 19 , Title 11 PUBLIC PROPERTY 20 21 Chapter 11.32 PARKS AND BEACHES 22 23 24 25 It is unlawful for any person to do any of the following mentioned acts in or upon 26 any park or beach within the city: 27 28 11.32.030 Unlawful acts. 1 2 3 4 designated by the city manager for such fires, including stoves, barbecue pits, fire 6 rings and the like; 7 (3) To commit any act of vandalism, including the damaging or destroying of8 trees or their leaves, limbs or branches, bushes, shrubbery, equipment, signs,y 10 11 (4) To bring into or use any firearms or air or gas or spring-propelled guns, 13 17 18 19 25 26 27 28 EXHIBIT 1 (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 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; 12 sling shots, bows and arrows, except that bows and arrows may be permitted in 14 such portions of public parks or beaches which are specifically designated by the 15 city manager for archery or other projectile-throwing devices; 16 (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; 20 (6) To stable, pasture or keep animals or insects; 21 (7) No person shall bring into a public park or beach any cattle, horse, mule, 22 goat, sheep, swine, cat, other animal, fowl or reptile of any kind except as 23 hereafter specifically provided or as otherwise permitted by the city manager or his/her designee or with a valid special event permit or park and facility use permit; (8) 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 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 stating "no entry," "keep out," "no trespassing," "closed area" or other prohibition of 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 manager is given authority to post such signs; (10) To park any 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 by the city manager or his/her designee authorizing one or more horses, ponies, or horse drawn carriages; (12) 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 1 2 3 4 (13) To park or stand any vehicle or trailer in any public park in the city 6 between the hours of 11:00 PM and 5:00 AM daily, except as permitted by the city 7 manager or his/her designee; 8 (14) To cut and remove any wood or to remove turf, grass, soil, rock, sand, 10 17 18 19 25 26 27 28 EXHIBIT 1 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; 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; conduct or participate in any celebration, parade, service, picnic, exercise, or other special event without having first obtained an approved park and facility use 20 permit. This subsection shall not apply to any beach in the city; 21 (19) To distribute any handbills or circulars, or to post, place or erect any 22 bills, notice, paper, or advertising device or matter of any kind; 23 (20) 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; 1 2 3 4 c city manager, or his/her designee, in a park, designated streets or parking areas or 6 as part of a supervised recreational activity or as authorized by the owners of the 7 outer lagoon. This subsection does not apply to officers, agents or employees of8 the United States, the state of California, the city, or public utility companies or 10 11 12 17 18 19 25 26 27 EXHIBIT 1 (21) 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; (22) To use or operate any vehicles at any time, except as permitted by the 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 13 life or property, nor to utility companies using motor-powered vehicle for the 14 installation, maintenance, repair or servicing of utility lines, generation, intake and 15 outfall facilities, cooling water resources and other related facilities;16 (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 21 20 specified areas of parks, dog parks or other areas specifically designated for dog 22 use by the city council. No person shall allow or permit any dog to destroy any real 23 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; (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; 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 (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 the inflatable device. The inflatable devices normally have safety features built into the design and are rugged with reinforced construction. 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 (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 cars or similar devices, excepting the beach area west of Carlsbad Boulevard, between Palomar Airport Road and Solamar Drive. (32) To use radio or remote controlled model aircraft or similar devices excepting the beach area west of Carlsbad Boulevard, between Palomar Airport and Solamar Drive, and excepting on any park's natural turf baseball fields from 8:00 a.m. to 2:00 p.m., only if a scheduled league game or practice is not occurring, or as otherwise permitted by the city manager or his/her designee provided appropriate signs are installed giving adequate notice of such excepted areas. (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) (Ord. No. CS-022, 2-10-2009) 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 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 12th day of January, 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of January, 2010 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 RONAttf R. BALL, City Attorney ayor ATT ORRAlKJExM. WO<DD\ City Clerk (SEAL)