HomeMy WebLinkAboutItem 6.1 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