HomeMy WebLinkAbout6.1 AmendMuniCodePaintGuns
CITY CLERK
File # Dr9l[g][ß-[¿}[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 7,2004
SUBJECT:
Amendment of the Dublin Municipal Code sections 5.100.110 and
5.100.120 to prohibit paint guns in City parks.
Report by Diane Lowart, Parks & Community Services Director
ATTACHMENTS:
1.
Draft Ordinance
RECOMMENDATION~. 1.
2.
øu. 3.
4.
5.
Receive the staff report;
Open the public hearing;
Receive public testimony;
Close the public hearing and deliberate; and
Waive the reading and ADOPT the ordinance
FINANCIAL STATEMENT:
None at this time
BACKGROUND: This is the second reading of a proposed ordinance that was
introduced at the City Council meeting on November 16, 2004.
Staff has observed an increase in the use of paint guns in City parks, and in particular the Martin Canyon
Creek Open Space. In order to prohibit the use of paint guns in City parks, it is necessary to amend the
Dublin Municipal Code sections 5.100.110 and 5.100.120
Currently, Dublin Municipal Code section 5.100.110 prohibits a variety of activities within City parks,
such as games unsuited to the park or without proper equipment, fireworks, and aviation, among other
specific activities. Municipal Code section 5.100.120 prohibits misuse of City parks, such as dumping or
depositing waste outside proper receptacles, defacing or painting upon park property, and injuring any
plant, among other specific uses.
While some ofthese existing prohibitions could be applied to paint gun activity, the definitions would not
be an exact fit and could perhaps be deemed inapplicable to paint gun activities. To make paint gun
enforcement more efficient and effective, paint guns should be specifically prohibited. The attached
ordinance will add possession and use of paint guns to the list of specifically prohibited activities, and
also add spilling or otherwise leaving paint on park property to the list of specifically prohibited uses of
City parks. The amendments are in italics.
RECOMMENDATION: Staff recommends the City Council receive the staff report, open the
public hearing, receive public testimony, deliberate, close the public hearing and waive the reading and
adopt the ordinance (Attachment 1).
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G:\COUNCIL\Agenda Statements\2004\12-7 paintball.doc
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ITEMNO.~
COPIES TO:
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ORDINANCE NO. - 04
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING SECTIONS 5.100.110 and 5.100.120
TO PROHIBIT PAINT GUNS IN CITY PARKS
*********
The City Council of the City of Dublin does ordain as follows:
Section 1:
Section 5.100.110 of Title 5 of the Dublin Municipal Code is amended to read as follows:
5.100.110 Activities in parks-Prohibited acts.
Unless expressly authorized by the Director, no person, while in any park shall:
A. Practice, play or in any way engage in the art of archery;
B. Play or engage in active sports or games except on areas suitable and set apart for such use, and
with suitable equipment and performed in a manner as to provide for reasonable protection to both
individuals and property;
C. Operate powered or line-attached model crafts of any kind or description except in areas provided
for such specific activities;
D. Camp, lodge or remain overnight;
E. Bring, land or cause to descend any airplane, balloon, parachute or other apparatus used for
aviation purposes;
F. Play, practice or in any way engage in the game of golf except in areas provided for such specific
purposes;
G. Swim, bathe or wade in any fountain, pond, lake or stream, except in pools or water play areas
provided for such purposes;
H. Picnic or lunch in a place where notice has been placed prohibiting the consumption of food;
I. Use tennis courts unless wearing soft rubber-soled shoes;
J. Give, present or engage in any exhibition, show, play, performance, dance or concert for money,
checks, credit or representative of value which is redeemable in money;
K. Use electrical amplifying equipment. Authorized use shall be subject to the following conditions:
the number of loudspeakers, their location, direction, power output and the hours during which they may
be used, shall be subject to written approval ofthe Director;
L. Use any restroom, washroom or dressing facility not provided for his/her sex, other than a child
under the age of six years accompanied by a parent or a disabled person accompanied by an attendant; or
M. Fire, possess or discharge any firecracker, torpedo or similar fireworks (including safe and sane
fireworks); or
N Possess, shoot, or otherwise operate any paintball marker or paint gun.
Authorization by the Director shall not relieve any person so authorized from complying with all
applicable ordinances and laws and securing all necessary permits otherwise required.
5.100.120 Injury or misuse of park-Prohibited acts.
No person while in the park shall:
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ATTACHMENT 1
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A. Possess, use, dump, deposit, place or leave any glass containers, including bottles, and broken
glass;
B. Dump, deposit, place or leave any ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, dead
animals, refuse or other trash except in the proper receptacles where these are provided; where receptacles
are not provided, all such rubbish or waste shall be carried away from the park by the person responsible
for its presence;
C. Throw, discharge or otherwise deposit or cause or permit to be placed into the waters of any
fountain, pond, lake, stream, storm sewer, sanitary sewer or drain flowing into such waters, any substance,
matter or thing, liquid, solid or gas, which materially impairs the usefulness of such water for persons or
the habitability of such water for any animal, bird, fish or reptile which drinks, swims in or otherwise uses
such water;
D. Cut, trim, prune, break, dig up, pluck, remove or take away or in any manner injure any turf, tree,
bush, shrub, flower or plant;
E. Destroy, deface, mark or write upon, paint upon, or otherwise mar or injure any park property,
including paved surfaces, buildings or structures;
F. Make any campfire or bonfire or use barbecue equipment in any place other than in areas provided
for that purpose; or
G. Use or attempt to use or interfere with the use of any table, space or facility within said park which
at that time is reserved for any other person or group, which has received a permit from the Director
therefor.
H. Spill, drop, or otherwise leave any paint balls, paint, or stain, even if temporary.
Section 2: Effective Date and Posting of Ordinance. This Ordinance shall take effect and be
enforced thirty (30) days following its adoption. The City Clerk of the City of Dublin shall cause this
Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 7th day of December, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk