HomeMy WebLinkAbout8.3, Attch 1 DraftOrdAmendingCh5.1
ORDINANCE NO._
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 5.100 OF THE DUBLIN MUNICIPAL CODE
RELATING TO THE REGULATION OF PARKS AND RECREATION AREAS
RECITALS
WHEREAS, Cities have authority to manage and control parks and may enact
and enforce such regulations and rules that are necessary or appropriate to promote park
purposes and to ensure the public's health, safety and welfare in the usage of their parks
and recreational areas; and
WHEREAS, the City of Dublin Municipal Code Chapter 5.100 sets forth
regulations governing the use of public parks and recreation areas to ensure the safety and
enjoyment of park users; and
WHEREAS, the City Council desires to amend these regulations to respond to
and set forth additional restrictions on uses and parking at parks and recreational
facilities; and
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain
as follows:
Section 1. Chapter 5.100 of the Dublin Municipal Code is revised as follows, with
deletions indicated in strikethrough and additions indicated in underline:
CHAPTER 5.100 PARKS AND RECREATION AREAS AND FACILITIES
5.100.010 Purnose. The purpose of this chapter is to regulate the use of parks and
recreation areas and facilities of the City for the optimum use and enjoyment of the
residents of Dublin; to establish standards to prevent the misuse and destruction of the
facilities; and to establish regulations to promote the safety and comfort of users of the
facilities as well as persons residing or owning property in the vicinity of the facilities.
5.100.020 Detinitions. For the purpose of this chapter the following terms, phrases,
words, abbreviations and their derivations shall have the meaning given herein:
"City" means the city of Dublin.
"Director" means the City Manager or his authorized representative.
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"Park" means and includes all grounds, buildings, improvements and areas dedicated for
use by the public for park, recreation or open space purposes, and any part, portion or
area thereof, whether developed or undeveloped or over which the City has acquired right
of use for such purposes.
"Person" means any person, firm, partnership, association, corporation, company, or
I organization of any kind.
"Vehicle" means any wheeled conveyance, whether motor powered, animal-drawn, or
self-propelled. The term shall include any trailer in tow of any size, kind or description.
Exception is made for baby carriages, strollers, wheelchairs and vehicles in the service of
the City of Dublin.
5.100.025 Posted park rules. The Director may post rules and reQUlations for specific
parks in some conspicuous place in the parks to which the,y pplv. Such rules and
reeulations shall be consistent with this chapter, and for the purpose of protecting users of
the parks,park propertv, and the public health, safetv and welfare. Violations of these
posted rules and regnlations is an infraction, provided that such rules and regulations
have been approved bv resolution of the Council.
5.100.030 Compliance with rules required. Any person entering, being or remaining
I in or upon any park of the City shall comply with the provisions of this chapter,~ all
other related provisions of this code, and any posted park rules.
5.100.040 Emergencv closures. The Director shall have the authority to close any part
or portion tker-ee€-of anypark and require the exit of all persons therein when it is
determined that conditions exist in said faeiWnark or portion thereof which present
hazard to the €a"'~,park or to public safety.
5.100.050 Sc6edulin¢. The Director shall have authority to schedule and regulate the
time, place and manner of recreational, maintenance andlor construction activities in or
upon any park, in order to prevent congestion and to secure the maximum use thereof for
the comfort and convenience of all.
5.100.060 Temaorarv exclusive use nermit-Issuance conditions. Park and
recreation facilities designated by the Director shall be made available for the temporary
exclusive use of persons subject to the issuance of a permit by the Director and subject to
any reasonable conditions relating to the use thereof and/or the payment of any
reasonable fees therefore as may be hereafter adopted by the City.
5.100.070 Temporarv exclusive use nermit-Rules compliance-Liabilit)L__
Transferability. A permittee shall comply with a11 park rules and regulations, and all
applicable ordinances and laws. A permittee shall be liable to the City for any and all
damage to parks owned by the City which results from the activity of the permittee. No
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permit for temporary exclusive use of any park shall be transferred without the consent in
writing of the Director.
5.100.800 Temporarv exclusive use permit-Insurance. The Director may require a
permittee to provide public liability and property damage insurance and indemnification
provisions as may be appropriate to protect the park and the public using such areas and
facilities.
5.100.090 Merchandisine, advertising and signs-Prohibited acts. Unless expressly
authorized by the Director, no person, while in any park shall:
A. Sell, vend, peddle, expose, offer for sale, teach, offer to instruct, sponsor a
program or service for a fee, except any regularly licensed concessionaire ar independent
contractor acting by and under the authority and regulation of the Director;
B. Announce, advertise or call the public attention in any way to any article or
service for sale or hire;
C. Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription
whatever; nor shall any person erect or cause to be erected any sign whatever in any park.
5.100.100 Hours. All parks and recreation azeas and facilities therein, including parking
lots serving said areas, shall be closed to the public one (1) hour after sunset and shall
remain closed until sunrise the following day with the following exceptions:
A. The parking lots serving the immediate area of any park or park building may
remain open during the time said building is being used and for one (1) hour after the
closing thereof.
B. Such areas may remain open during any feeFeafiei+-program conducted or
authorized by the Etep aeat-City and for one (1) hour after the completion thereof.
C. Lighted fields and courts will be closed as posted.
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;
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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;
1. 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 nuxnber of loudspeakers, their location, direction, power output
and the hours during which they may be used shall be subject to written approval of the
Director;
L. Operate a portable gas or solar-powered generator to power any electrical
eauinment unless as a condition attached to a temporary exclusive use permit issued
12ursuant to Section 5.100.060.
ML. Use any restroom, washroom or dressing facility not provided for his/her sex,
other than a child under the age of six (6) years accompanied by a parent or a disabled
person accompanied by an attendant;
NM. Fire, possess or discharge any firecracker, torpedo or similar fireworks (including
safe and sane fireworks); ef
ON. Possess, shoot, or otherwise operate any paintball mazker or paint gun, airsoft ~
or any other weapon or projectile device that is propelled by spring, compressed air and
electric device;.-
P. Erect an inflatable jump house or other temporary plav structure except in areas
desi na~ ted by the Director for such use; or.-
4. Fire or discharge anv type of rocket.
Authorization by the Director sha11 not relieve any person so authorized from complying
with all applicable ordinances and laws and securing all necessary permits otherwise
required.
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5.100.120 Iniurv or misuse of park-Prohibited acts. No person while in the park
shall:
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
I injury 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;
G. Use or attempt to use of 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 therefore; or
H. Spill, drop, or otherwise leave any paintballs, paint, or stain, even if temporary.
5.100.130 Animals in parks-Prohibited acts. Unless expressly authorized by the
Director, no person in a park shall:
A. Capture, hunt, molest, injure, frighten, trap, kill, tease or hurt, throw or otherwise
project objects at any wild or domestic fowl, animal, reptile, fish or bird;
B. Except as provided in 5.100.130C below, Ilet loose or permit to run at large, lead
or otherwise bring any horse, mule, ass, cattle, goat, sheep, swine or other animal, reptile,
bird or fowl of any kind; nor bring any living thing that constitutes a safety hazard or a
public nuisance as defined in Section 3479 of the California Civil Code; pr-evided,
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C. Permit a dog in any park unless such dog is under complete control of its owner or
custodian at all times and led by a leash of suitable strength not more than six (6) feet in
length; provided, however, nothing in this chapter shall prevent a dog from running
without a leash in any area designated as a dog run by the Director so long as such dog is
under the charge and control of a person competent to keep such dog under effective
charge and control and so long as such dog does not wrongfully harm ar damage or
threaten to harm or damage any person or public or private propert y. Dogs, even leashed
dogs, are prohibited in all children's plav areas;
D. Abandon any animal, bird, fish or reptile in any park; or
E. Permit any animal to defecate upon a pazk unless the person immediately removes
the feces and properly disposes of it.
5.100.140 Operation of bicvcles, skates, skateboards and autos-Prohibited acts.
No person while in any park shall:
A. Ride a bicycle or other vehicle except on officially designated routes. Bicvcles
and vehicles shall not be permitted on unpaved trails or roads, or upon any other unpaved
surfaces unless specificallypermitted bv posted sign. Notwithstanding the above, aA
bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area,
bridge, building deck or paved area reserved for pedestrian use~
B. Ride or operate a bicycle or vehicle at any time or at any place within City parks
or recreational areas in a negligent, unsafe or reckless manner or in a way that endanaers
the life, limb or propertv of anyperson or in violation of the provisions of California
Vehicle Code section 21201, or at excessive speeds, especially when passing other trail
users, or in areas with poor or limited visibilitv;
C. If under 18 years of age, oQerate a bicycle, a nonmotorized scooter, a skateboard,
roller or in-line skates, or ride on a bicvcle, a nonmotorized scooter, or a skateboard as a
passenger, upon anypark property unless wearing a properlv fitted and fastened bicvcle
helmet. This recLuirement also applies to a person who rides upon a bicycle while in a
restraining seat that is attached to the bicvcle or in a trailer towed bv the bicycle.
DB. Leave a bicycle in a place other than a bicycle rack when such is provided and
there is a space available;
I EE. Ride, drive or park any automobile, truck, motorcycle, motor scooter or any other
motor-powered vehicle except upon the roads, driveways and parking lots provided and
designated for such use;
F-D. Skate over any grassy area, bridge, building desk or paved area reserved for
pedestrian use; ef
G£=. Ride or propel skates, a skateboazd or any other vehicle while holding or using
anv kite (also known as kiteskating);
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I HF. Ride or propel a skateboard except on areas designated by the Council by
ordinance or resolution and properly noticed, and performed in a manner as to provide for
reasonable protection to both individuals and property;-.
IFt. Park any vehicle in a park or City recreational area or facility unless actually
visitin og r engaged in a recreational activitv at the park, recreational area or faciliy in
auestion unless authorized by the Director.
5.100.150 Consumution of alcoholic beverages prohibited-Excentions. Unless
expressly authorized by the Director, it shall be unlawful for any person to consume any
alcoholic beverage in parks and recreation areas and facilities, except in the following
park buildings:
A. Shannon Community Center;
B. Dublin Civic Center.
-C. Dublin Senior Center
D. Dublin Heritage Center
5.100.155 Use of skateboards allowed at Emerald Glen Park Skate Park. The use of
skateboards and in-line skates at the Emerald Glen Park Skate Park (as described by
Resolution No. 58-00) is authorized subject to the following rules which are adopted to
provide for reasonable protection to individuals and property.
A. Intent. Skateboarding and use of other rolling skates on sidewalks and in parking
lots is often incompatible with pedestrian and vehicle traffic thereby resulting in safety
hazards. Additionally, performance of "tricks or stunts" with skateboards and similar
devices can cause substantial damage to concrete and other improvements. The purpose
of these rules is to reduce the risk of personal injury to skateboarders and to the public in
general.
B. Definitions. The term "skateboard" includes skateboards, roller skates, roller-
blades, and in-line skates.
C. Use Limited to Skate Park. No person shall roller skate in any area of Emerald
Glen Park except in the Emerald Glen Park Skate Park, as designated by Resolution No.
58-00.
D. Helmets, Pads Required. No person shall ride or use a skateboard in the Emerald
Glen Park Skate Park without wearing a helmet, elbow pads, and knee pads. Reasonable
notice sha11 be posted at the Emerald Glen Park Skate Park to the effect that any person
riding or using a skateboard, roller skates, roller-blades or in-line skates in such skate
park must wear a helmet, elbow pads, and knee pads and that failing to do so is in
violation of Section 5.100.160 of this chapter and subject to citation as an infraction.
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E. User Control Required. No person shall leave a skateboard in any place or
position where other persons may trip over or be injured by it. Carrying the skateboard
does not violate these rules.
F. Tricks and Stunts. "Tricks and stunts" means singular or repetitive jumps, flips,
grinds or any other trick performed for demonstration, practice or display of skill on a
skateboard. No person shall perform "tricks or stunts" with a skateboard in areas of the
Emerald Glen Park Skate Park posted to prohibit "tricks and stunts."
G. Bicycle Use Prohibited. No person shall ride a bicycle within the Emerald Glen
Park State Park.
5.100.160 Violation-Penaltv. Any person violating any provision of this chapter, or
violating the terms of any permit issued pursuant thereof, shall be guilty of an infraction,
and upon conviction thereof shall be punishable as provided in Section 36900(b) of the
Government Code.
Section 2. Severabilitv. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional,
or inapplicable to any person or circumstances, such illegality, invalidity,
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their
applicability to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30)
days following its adoption.
Section 4. Postin . 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 day of , 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
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ATTEST:
Carolyn Parkinson, Interim City Clerk
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