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Home My WebLink About6.1 Parks and Rec Facilities Amend Muni Code STAFF REPORT CITY CLERK File #290-20 CITY COUNCIL DATE:January 15, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Ordinance Amending Dublin Municipal Code Chapter 5.100 (Parks and Recreation Areas and Facilities) Prepared by Rhonda Franklin, Administrative Aide EXECUTIVE SUMMARY: At the December 4, 2012 City Council Meeting, the City Council adopted an Ordinance which included an amendment to Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) to prohibit smoking within any City park. Staff is recommending an update to Dublin Municipal Code Chapter 5.100 – Section 5.100.110 (Activities in parks – Prohibited acts) and the Standard Park Rules Signs to reflect this change. FINANCIAL IMPACT: The Fiscal Year 2012-13 budget includes sufficient funds to cover the costs of updating the Ordinance and the installation of updated signage. RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate, waive the reading and introduce an Ordinance amending Chapter 5.100 of the Dublin Municipal Code relating to the regulation of Parks and Recreation Areas and Facilities. Submitted By Reviewed By Director of Parks and Assistant City Manager Community Services DESCRIPTION: At the December 4, 2012 City Council meeting, the City Council adopted an Ordinance that included an amendment to Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) to prohibit smoking within any City park. Prior to the amendment, this section of the Municipal Code limited the smoking prohibition in parks to “Any city park except for a community park” and “Any park recreation area within any city park or community parks and within one hundred (100) ITEM NO. 6.1 Page 1 of 3 feet of a park recreation area in a community park, except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited.” To maintain consistency throughout the Municipal Code with regard to park use, Staff is recommending an update to Dublin Municipal Code Chapter 5.100 – Section 5.100.110 (Activities in parks – Prohibited acts) and the Standard Park Rules Signs to reflect the prohibition of smoking at any City park. Section 5.100.110 Activities in parks – The proposed Ordinance (Attachment 1) will amend Prohibited acts to add the following to the list of prohibited acts that no person shall do while in any park: A. Smoke, which includes the consumption of tobacco by inhaling, exhaling, burning or carrying any lighted pipe, cigar or cigarette of any kind. In addition, Staff has prepared a draft resolution (Attachment 2) proposing to amend the Standard Park Rules Sign, which is posted at all park entrances, to also reflect the smoking prohibition within all City parks. The proposed resolution will amend the Standard Park Rules Sign to read: CITY OF DUBLIN PARK HOURS ARE SUNRISE TO ONE HOUR AFTER SUNSET. MUNICIPAL CODE 5.100 THE FOLLOWING IS PROBIBITED: SMOKING, ALCOHOLIC BEVERAGES, LITTERING, GOLFING, POWERED MODEL CRAFTS, FIREWORKS, UNLEASHED DOGS, AND PAINTBALL MARKERS. MUNICIPAL CODE 5.100 VIOLATORS WILL BE CITED The City’s website pages referencing the park rules will also be updated accordingly. Staff has prepared the draft Resolution so that the City Council can formally approve the language of the Standard Park Rules Sign at the same time the Ordinance amending Chapter 5.100 is presented for adoption. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to those requesting such notice ten days before the hearing. Page 2 of 3 ATTACHMENTS: 1. Ordinance Amending Chapter 5.100 – Section 5.100.110 of the Dublin Municipal Code relating to Activities in Parks – Prohibited Acts 2. Resolution Approving an Update to the Standard Park Rules Sign Page 3 of 3 ORDINANCE NO. XX-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN **************** AMENDING CHAPTER 5.100 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE REGULATION OF PARKS AND RECREATION AREAS 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 Section 5.100.110 of this Chapter to be consistent with Section 5.56.050.C of the Dublin Municipal Code which prohibits smoking in any City park; and NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Section 5.100.110 of the Dublin Municipal Code is hereby 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. Smoke, which includes the consumption of tobacco by inhaling, exhaling, burning or carrying any lighted pipe, cigar or cigarette of any kind; B. Practice, play or in any way engage in the art of archery; C. 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; D. Operate powered or line-attached model crafts of any kind or description except in areas provided for such specific activities; E. Camp, lodge or remain overnight; F. Bring, land or cause to descend any airplane, balloon, parachute or other apparatus used for aviation purposes; G. Play, practice or in any way engage in the game of golf except in areas provided for such specific purposes; ATTACHMENT 1 H. Swim, bathe or wade in any fountain, pond, lake or stream, except in pools or water play areas provided for such purposes; I. Picnic or lunch in a place where notice has been placed prohibiting the consumption of food; J. Use tennis courts unless wearing soft rubber-soled shoes; K. 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; L. 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 of the Director; M. Operate a portable gas or solar-powered generator to power any electrical equipment unless as a condition attached to a temporary exclusive use permit issued pursuant to Section 5.100.060; N. 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; O. Fire, possess or discharge any firecracker, torpedo or similar fireworks (including safe and sane fireworks); P. Possess, shoot, or otherwise operate any paintball marker or paint gun, airsoft gun or any other weapon or projectile device that is propelled by spring, compressed air and electric device; Q. Erect an inflatable jump house or other temporary play structure except in areas designated by the Director for such use; or R. Fire or discharge any type of rocket. 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. Section 2. Severability. 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. Posting. 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. th PASSED, APPROVED AND ADOPTED this 5 day of February, 2013. AYES: NOES: ABSENT: ABSTAIN: ______________________________ Tim Sbranti, Mayor ATTEST: _____________________________ Carolyn Soto, City Clerk RESOLUTION NO. XX-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING STANDARD PARK RULES SIGN FOR ALL CITY PARKS WHEREAS, the City posts signs containing Standard Park Rules and park-specific rules and regulations at various City parks and recreation areas, including Emerald Glen Park Skate Park, all City of Dublin tennis courts, pools, waterslides, dog parks and dog runs; and WHEREAS, to ensure that violations of these rules and regulations are enforceable as infractions by City personnel, the Council desires to formally review and approve all posted signs and rules and regulations; WHEREAS , the Standard Park Rules Sign, located at all park entrances, should be updated to be consistent with Chapter 5.56 and Chapter 5.100 of the Dublin Municipal Code which prohibits smoking at any City park; and WHEREAS , the Council desires to grant authority to the City Manager or his or her authorized representative to additionally prohibit any behavior in City parks that is dangerous to the public health, safety, or welfare, or that may damage park property; NOW, THEREFORE, the City Council of the City of Dublin does approve the Standard Exhibit A Park Rules Sign for all City parks as set forth in hereto. th PASSED, APPROVED, AND ADOPTED this 5 day of February, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ Tim Sbranti, Mayor ATTEST: ____________________________ Caroline Soto, City Clerk Page 1 of 2 ATTACHMENT 2 CITY OF DUBLIN STANDARD PARK RULES SIGN Standard Park Rules Sign (posted at all park entrances) CITY OF DUBLIN PARK HOURS ARE SUNRISE TO ONE HOUR AFTER SUNSET. MUNICIPAL CODE 5.100 THE FOLLOWING IS PROBIBITED: SMOKING, ALCOHOLIC BEVERAGES, LITTERING, GOLFING, POWERED MODEL CRAFTS, FIREWORKS, UNLEASHED DOGS, AND PAINTBALL MARKERS. MUNICIPAL CODE 5.100 VIOLATORS WILL BE CITED Page 2 of 2 EXHIBIT A