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HomeMy WebLinkAboutItem 4.05 MuniCode Parks & Recti~ ~_ ~ ~~ ~~/ CITY CLERK File # ^^~p ~o^^-^~ 9zo-zo '' ~L(~O~ -- AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 2, 2008 SUBJECT: Adoption of Ordinance Amending Dublin Municipal Code Chapter 5.100 (Parks and Recreation Areas). Report Prepared by Diane Lowart, Parks & Community Services Director, Elizabeth H. Silver, Assistant City Attorney and Jennifer Faught, Associate Attorney ATTACHMENTS: 1. Draft Ordinance Amending Chapter 5.100 of the Dublin Municipal Code relating to the Regulation of Parks and Recreation Areas. 2. Clean Copy of Ordinance. 3. Resolution Approving Posted Rules and Regulations for Specific Parks RECOMMENDATION: 1. Waive reading and ADOPT the Ordinance Amending Chapter 5.100 of the Dublin Municipal Code relating to the (~ ~ , Regulation of Parks and Recreation Areas (Attachment 1). ~/`~ 2. Waive reading and ADOPT Resolution Approving Posted Rules and Regulations for Specific Parks (Attachment 3). FINANCIAL STATEMENT: None. DESCRIPTION: At its March 22, 2006 Goal and Objectives meeting, the City Council reviewed and approved with high priority the comprehensive update to certain chapters of the Dublin Municipal Code (DMC). One chapter proposed for review is DMC Chapter 5.100. 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. Staff has reviewed the Chapter and recommends a number of minor changes intended to clarify the Chapter. The proposed Ordinance in Attachment 1 will make amendments in the following sections: Section 5.100.025 Posted park rules. The proposed Ordinance adds a new section 5.100.025 to allow for effective enforcement of posted park rules by providing that after rules are posted and approved by ------------------------------------------------------------------------------------------------------------- COPY TO: Parks & Community Services Commission. Page 1 of 2 ITEM NO. I . ~ ~ G:A000NCILWgenda Statements\2008\9-2 Ch 5.100 -Parks (Adoption).DOC n resolution of the Council, a violation of the posted rules is an infraction. An amendment in section 5.100.030 also requires persons entering a City park to comply with the posted rules. Section 5.100.110 Activities in narks -Prohibited acts. The proposed Ordinance adds the following to the list of prohibited acts in parks: ^ operation of a portable gas or solar-powered generator unless as a condition attached to a temporary exclusive use permit; ^ possession of an airsoft gun or any other weapon or projectile device that is propelled by spring, compressed air or electric device; ^ erection of an inflatable jump house or other temporary play structure except in areas designated by the Director for such use; and ^ fire or discharge any type of rocket. 5.100.130 Animals in narks -Prohibited acts. Anew sentence in this section provides that 'dogs, including leashed dogs, are prohibited in all children's play areas. 5.100.140 Operation of bicycles, skates, skateboards, non-motorized scooters and autos -Prohibited acts. The proposed Ordinance clarifies the following: ^ adds non-motorized scooters to the heading in this section; ^ bicycles and vehicles are not allowed on unpaved trails or roads, or upon any other unpaved surface unless specifically permitted by posted sign; ^ bicycles and vehicles may not be operated within City parks or recreational areas in a negligent, unsafe or reckless manner; ^ helmets are required for all children under 18 using skates, a skateboard, bicycle or scooter, or riding as passengers or being towed by any of the above; ^ riding or using skates, a skateboard or any other vehicle while holding a kite is not permitted; and ^ parking a vehicle in a park or recreational area or facility is not permitted unless actually visiting or engaging in a recreation activity at the park, recreational area or facility unless authorized by the Director. 5.100.150 Consumption of alcoholic beverages prohibited -Exceptions. The proposed Ordinance adds the Dublin Senior Center and Dublin Heritage Center to the list of facilities where alcoholic beverages maybe consumed. Dublin Police Services and the Parks and Community Services Commission have reviewed the draft Ordinance and are in favor of its provisions. In addition, Staff has prepared a resolution so that the Council can formally approve the rules that are currently posted at various park locations (Attachment 3). This proposed ordinance was introduced at the August 19, 2008 City Council meeting. In response to Council direction, the heading in Section 5.100.140 has been modified to include non-motorized scooters. RECOMMENDATION: Staff recommends that the City Council: 1) waive reading and ADOPT the Ordinance Amending Chapter 5.100 of the Dublin Municipal Code relating to the Regulation of Parks and Recreation Areas; and 2) Waive reading and ADOPT the Resolution Approving Posted Rules and Regulations for Specific Parks. Page 2 of 2 i~a~ 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 Purpose. 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 Definitions. 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 Deleted: 1 1014537-~, ATTACHMFN'7' ~ ~~lz "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 organization of any kind. Deleted: q F`Vehicle" means any wheeled conveyance, whether motor powered, animal-drawn, or Deleted: ¶ 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. Formatted: No underline - - ., sP}p~.{iii ~~ .._,i + ~, g ,.i L. ,, ~ k Formatted: Font: Not Bold, No underline 5.100.030 Compliance with rules reauired. Any person entering, being or remaining in or upon any park of the City shall comply with the provisions of this chapters all other Deleted: ana related provisions of this code :,~,z' ~ {~~F~,,. ~ ,~ ~ ~ , 5.100.040 Emergency closures. The Director shall have the authority to close any part or portion; r l :u ~ ~, , and require the exit of all persons therein when it is determined Deleted: thereof that conditions exist in said„ : ; or portion thereof which present hazard to the; or to Deleted: facillry public safety. Deleted: fac~hry 5.100.050 Scheduling. The Director shall have authority to schedule and regulate the time, place and manner of recreational, maintenance and/or 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 Temporary exclusive use permit-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 Temporary exclusive use permit-Rules compliance-Liability- Transferability. A permittee shall comply with all 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 permit for temporary exclusive use of any park shall be transferred without the consent in writing of the Director. Deleted: 1 1014537- 3~~z~ 5.100.800 Temnorarv exclusive use aermit-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 Merchandising, 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 or 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 areas 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. Deleted: recreation B. Such areas may remain open during any,program conducted or authorized by the ~~ ~ ! ~. and for one (1) hour after the completion thereof. ueieted: aeparhnent C. Lighted fields and courts will be closed as posted. 5.100.110 Activities in narks-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; Deleted: 1 1014537-~; ~~zz 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 of the Director; i { ~ .,. _ .. I~' - ,. .,i~ Deleted: L 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; Deleted: M ~~~ Fire, possess or discharge any firecracker, torpedo or similar fireworks (including safe and sane fireworks);, 'Deleted: or Deleted: N ', ~ ; Possess, shoot, or otherwise operate any paintball marker or paint gun. a; ~ ~!~ o F rmatted: Font: Times New (wl~, ii;. .. ~{ ., ,i 12 pt - Deleted:. ~' .. . , _ Deleted: . t} i r 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 Iniurv or misuse of nark-Prohibited acts. No person while in the park shall: Deleted: 1 1014537- 5 ~z2 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 injury any turf, tree, bush, shrub, flower or plant.„ Deleted: ' 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; Deleted: L B. r > ; ,~ ; , . et 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; . Deietea: provided, however, nothing in this chapter shall prevent a dog from C. Permit a dog in any park unless such dog is under complete control of its owner or running without a leash in any azea aesignatea as a aog rtm by the Direccor so custodian at all times and led by a leash of suitable strength not more than six (6) feet in long as suoh aog is under the ohazge and control of a person competent to keep length; provided, however, nothing in this chapter shall prevent a dog from running such dog under effective chazge and without a leash in any area designated as a dog run by the Director so long as such dog is control and so long as such dog does not wrongfully harm or damage or threaten to under the charge and control of a person competent to keep such dog under effective 'harm or damage any person or pnhhc or charge and control and so long as such dog does not wrongfully harm or damage or private property; threaten to harm or damage any person or public or private property „;t: ci t ~ ,i~ ~ ; Deleted: l 1014537- ~~,2~ Abandon any animal, bird, fish or reptile in any park; or E. Permit any animal to defecate upon a park unless the person immediately removes the feces and properly disposes of it. 5 100 140 Operation of bicycles skates, skateboards, motorized scooters and autos-Prohibited acts. No person while in any park shall: A. Ride a bicycle or other vehicle except on officially designated routes. Bicycles and vehicles shall not be permitted on unQaved trails or roads or upon any other unpaved surfaces unless specifically_permitted by posted sign. Notwithstanding the above, a _ _ _ _ _ . - Deleted: A 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 narks or recreational areas in a ne~li~ent unsafe or reckless manner or in a way that endangers the life limb or property of any_person or in violation of the provisions of California Vehicle Code section 21201 or at excessive speeds especially when passim other trail users or in areas with poor or limited visibility; C If under 18 years of aye operate a bicycle a nonmotorized scooter, a skateboard, roller or in-line skates or ride on a bic~le a nonmotorized scooter, or a skateboard as a Qassenger upon an~park property unless wearing a properly fitted and fastened bicycle helmet This requirement also applies to aperson who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle. Deleted: s D _ Leave a bicycle in a place other than a bicycle rack when such is provided_and , -' ----------- -------- --------- ------ there is a space available; Deleted: C F Ride, drive or park any automobile, truck, motorcycle, motor_scooter or an}~ other _, -' motor-powered vehicle except upon the roads, driveways and parking lots provided and designated for such use; Deleted: D _ _ _ _Skate over any grassy area, bridge, buildin~_desk or paved_area reserved for , -' pedestrian use; ------------------------------------------- -- Deieted:or Deleted: E ('T Ride or propel skates a skateboard or any other vehicle while holdin~yor usine_ _ _ _ any kite (also known as kiteskatina); Deleted: F I~._ _ _ _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; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - Deleted: Deleted: G ~ _ _ Park any vehicle in a nark or City recreational area or facility unless actually visiting, or en_ga~ed in a recreational activity at the park, recreational area or facility in question unless authorized bythe Director. Deleted:l ~' 1014537-~ _ -~~~y 5.100.150 Consumption of alcoholic beverages prohibited-Exceptions. 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. Deleted: ~ ~?~,` ,~7 ~cn~ ,a~, {?. ~hi~'s~ii1 i, 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 shall 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. 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." Deleted:l 1014537-, s~2z G. Bicycle Use Prohibited. No person shall ride a bicycle within the Emerald Glen Park State Park. 5.100.160 Violation-Penalty. 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. 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. 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 ATTEST: Carolyn Parkinson, Interim City Clerk Deleted: 1 1014537-a ~~ 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 Purpose. 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 Definitions. 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. 1014537-2 ATTACHMENT 2 ~ e ~,~~~ "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 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 regulations for specific parks in some conspicuous place in the parks to which they apply. Such rules and regulations shall be consistent with this chapter, and for the purpose of protecting users of the parks, park property, and the public health, safety and welfare. Violations of these posted rules and regulations is an infraction, provided that such rules and regulations have been approved by resolution of the Council. 5.100.030 Compliance with rules required. Any person entering, being or remaining 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 Emergency closures. The Director shall have the authority to close any part or portion of any park and require the exit of all persons therein when it is determined that conditions exist in said park or portion thereof which present hazard to the park or to public safety. 5.100.050 Scheduling. The Director shall have authority to schedule and regulate the time, place and manner of recreational, maintenance and/or 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 Temporary exclusive use permit-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 maybe hereafter adopted by the City. 5.100.070 Temporary exclusive use permit-Rules compliance-Liability- Transferability. A permittee shall comply with all 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 permit for temporary exclusive use of any park shall be transferred without the consent in writing of the Director. 1014537-2 ~i~2z 5.100.800 Temporary exclusive use permit-Insurance. The Director may require a permittee to provide public liability and property damage insurance and indemnification provisions as maybe appropriate to protect the park and the public using such areas and facilities. 5.100.090 Merchandising, 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 or 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 areas 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 program conducted or authorized by the 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; E. Bring, land or cause to descend any airplane, balloon, parachute or other apparatus used for aviation purposes; 1014537-2 ~2~Z;v 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 maybe used shall be subject to written approval of the Director; L. 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. M. 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; N. Fire, possess or discharge any firecracker, torpedo or similar fireworks (including safe and sane fireworks); O. 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 or gas, or electric device; P. Erect an inflatable jump house or other temporary play structure except in areas designated by the Director for such use; or Q. 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. 5.100.120 Iniury or misuse of park-Prohibited acts. No person while in the park shall: 1014537-2 i3~z~ 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 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, let 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; 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 or damage or threaten to harm or damage any person or public or private property. Dogs, even leashed dogs, are prohibited in all children's play areas; 1014537-2 ~ `~ 7i 2z u D. Abandon any animal, bird, fish or reptile in any park; or E. Permit any animal to defecate upon a park unless the person immediately removes the feces and properly disposes of it. 5.100.140 Operation of bicycles, skates, skateboards, non-motorized scooters and autos-Prohibited acts. No person while in any park shall: A. Ride a bicycle or other vehicle except on officially designated routes. Bicycles and vehicles shall not be permitted on unpaved trails or roads, or upon any other unpaved surfaces unless specifically permitted by posted sign. Notwithstanding the above, a 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 endangers the life, limb or property of any person 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 visibility; C. If under 18 years of age, operate a bicycle, a nonmotorized scooter, a skateboard, roller or in-line skates, or ride on a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon any park property unless wearing a properly fitted and fastened bicycle helmet. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle. D. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available; E. 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. Skate over any grassy area, bridge, building desk or paved area reserved for pedestrian use; G. Ride or propel skates, a skateboard or any other vehicle while holding or using any kite (also known as kiteskating); H. 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; I. Park any vehicle in a park or City recreational area or facility unless actually visiting or engaged in a recreational activity at the park, recreational area or facility in question unless authorized by the Director. 1014537-2 15~Y~,22 v 5.100.150 Consumption of alcoholic beverages prohibited-Exceptions. 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 shall 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. 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." 1014537-2 it~~av G. Bicycle Use Prohibited. No person shall ride a bicycle within the Emerald Glen Park State Park. 5.100.160 Violation-Penalty. 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. 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. PASSED, APPROVED AND ADOPTED this day of , 2008. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Carolyn Parkinson, Interim City Clerk 1014537-2 ~ rat., 22- RESOLUTION NO. - 08 t~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING POSTED RULES AND REGULATIONS FOR SPECIFIC PARKS WHEREAS, the City posts signs containing 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; 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 rules and regulations for various City parks as set forth in Exhibit A hereto. PASSED, APPROVED, AND ADOPTED this 2nd day of September 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Caroline Soto, City Clerk Page 1 of 5 ATTACHMENT 3 l `ac9~22 CITY OF DUBLIN PARK RULES Standard Park Rules Sign (posted at all park entrances) CITY OF DUBLIN PARK HOURS ARE SUNRISE TO ONE HOURS AFTER SUNSET. MUNICIPAL CODE 5.100 THE FOLLOWING IS PROBIBITED: ALCOHOLIC BEVERAGES, LITTERING, GOLFING, POWERED MODEL CRAFTS, FIREWORKS, UNLEASHED DOGS, AND PAINTBALL MARKERS. VIOLATORS WILL BE CITED. Emerald Glen Park Skate Park Rules 1. OPEN DAWN TO 10:00 PM. 2. SKATE AT YOUR OWN RISK; THE PARK IS NOT SUPERVISED. 3. SAFETY HELMET, ELBOW PADS, AND KNEE PADS MSUT BE WORN AT ALL TIMES. (DMC SECTION 5.100.160.D AND CALIFORNIA HEALTH AND SAFETY CODE SECTION 115800B) 4. RAMPS MUST BE CLEAR OF OTHER SKATERS BEFORE YOU PROCEED. 5. BICYCLES AND BMX' S ARE NOT PERMITTED. 6. ALCOHOL, SMOKING, DRUGS, OR GLASS CONTAINERS ARE NOT ALLOWED. 7. PROFANITY, LOUD MUSIC, BAD BEHAVIOR, OR RECKLESSNESS IS NOT ALLOWED. 8. VANDALISM AND GRAFFITI WILL NOT BE TOLERATED. PARK WILL BE SUBJECT TO CLOSURE SHOULD INCIDENTS OCCUR. 9. REPORT ANY VANDALISM OR HAZARDOUS CONDITION TO THE CITY OF DUBLIN. DO NOT USE FACILITY IF HAZARDS EXIST. 10. ADDITIONAL OBSTACLES OR OTHER MATERIALS ARE NOT ALLOWED. ALL ORGANIZED EVENTS SHALL HAVE WRITTEN APPROVAL FROM THE CITY OF DUBLIN DIRECTOR OF PARKS AND COMMUNITY SERVICES 833-6645 City of Dublin Tennis Court Rules (posted at all tennis courts) TENNIS COURTS ARE FOR TENNIS USE ONLY. BIKES, SKATEBOARDS AND OTHER USES ARE PROHIBITED. Page 2 of 6 EXHIBIT A 1 `ie~2'y 2. RECREATION DEPARTMENT CLASSES AND SCHEDULED TOURNAMENTS ARE POSTED. 3. ONLY NON MARKING TENNIS SHOES ALLOWED ON COURTS. 4. WHEN PEOPLE ARE WAITING. GAME LIMIT OF TWO (20 CONSECUTIVE SETS, OR A MAXIMUM OF ONE (1) HOUR OF PLAY. WAITING PLAYERS MUST NOT INTERFERE WITH PLAY. 5. CHILDREN AND ADULTS HAVE EQUAL PRIORITY. LIGHTS OPERATE FROM DUSK UNTIL 10:00 P.M. INSTRUCTIONS ARE POSTED ON STANDARDS Pool Rules Welcome to the Dublin Swim Center! In order to make your visit safe and enjoyable, please abide by the following rules while you are here: 1. ALL PATRONS MUST OBEY THE LIFEGUARD. 2. ALL NON-SWIMMERS AND CHILDREN UNDER THE AGE OF 6 MUST BE ACCOMPANIED BY AN ADULT. 3. PUSHING, SHOVING OR GENERAL HORSEPLAY IS PROHIBITED. 4. RUNNING IS PERMITTED IN THE GRASSY AREA ONLY. 5. DIVING IS PERMITTED IN THE DESIGNATED AREAS ONLY. 6. THE USE OF PROFANITY IS STRICTLY PROHIBITED. 7. FOOD OR DRINK IS PERMITTED IN THE GRASSY AREA ONLY. 8. ALCOHOLIC BEVERAGES OR GLASS CONTAINERS ARE PROHIBITED. 9. INFLATABLES OR FLOTATION DEVICES OF ANY KIND ARE PROHIBITED. Other toys may be permitted at the discretion of the lifeguard. 10. ANY BEHAVIOR WHICH IS DEEMED UNSAFE OR INAPPROPRIATE BY THE LIFEGUARD IS PROHIBITED. Waterslide Rules 1. Children under 48 inches tall are not permitted on this ride. 2. Riders must have beginner level swimming skills. 3. Pregnant women and persons with heart conditions or back trouble should not ride this slide. 4. Read and obey all posted signs and all instructions given by lifeguards. 5. Food or beverages are not allowed on the tower. 6. Eyeglasses must be securely affixed to riders with head straps. 7. Swimwear with exposed zippers, buckles, rivets or metal ornamentation are not permitted. 8. Riders must wait for the lifeguards start signal before beginning the ride. 9. Only one rider to enter the flume at a time. Single riders only. 10. Do not run, dive, stand, kneel, rotate or stop on the slide. Never form chains. 11. Slide must be ridden feet first lying on your back or in a sitting position (sit up to go slower, lay down to go faster). 12. Keep arms and hands inside the flume at all times. Page 3 of 6 202~- 13. At the end of the slide, obey all instructions by lifeguard and exit quickly. Do not block the end of the slide. 14. No swimming or flotation devices allowed in splash down area. Ride at your own risk Diving Area Rules 1. SWIMMERS MUST BE ABLE TO SWIM ONE LENGTH OF THE POOL 1N ORDER TO USE THE DIVING BOARDS. 2. ONLY FORWARD MOTION JUMPS, DNES OR FLIPS ARE PERMITTED. 3. INWARDS, TWISTS, SPINS OR BACK DIVES ARE PROHIBITED. 4. ONLY ONE DIVER IS PERMITTED ON DIVING STRUCTURE AT A TIME. 5. NO HORSEPLAY OR RUNNING ON THE DIVING BOARD. 6. AFTER DIVING, SWIMMERS MUST EXIT TO THE NEAREST LADDER. Dog Park Rules Sign #1 City of Dublin Dougherty Hills Park -Dog Park A. Dog Park Hours 7:30 am -Dusk Daily B. This Dog Park is separated into two areas. The area designated for large dogs is for dogs over 20 pounds. The area designated for small dogs is limited to dogs 20 pounds and less. C. The Dog Owner Must: 1. Have dog(s) properly licensed and tagged. License must be worn by any dog within the park or on public property, including City sidewalks, trails and in any parks. 2. Have dog(s) properly vaccinated and current with their vaccinations. 3. Be with their dog(s) within the fenced area at all times, have the dog(s) under voice control at all times and carry the dog(s) leash. Owners are responsible for dog(s) behavior. 4. Keep dog(s) in designated enclosed area when off leash. Dog(s) must be leashed before leaving the Dog Park per Dublin Municipal Code Section 5.100.130. A substantial leash may not to exceed six feet in length per Dublin Municipal Code Section 5.36.220. 5. Do not use Park if your dog(s) is aggressive towards people or other dogs, anti-social, in heat, unruly or barks excessively. Aggressive dogs are NOT welcome in the Dog Park. If an owner's dog begins to play too rough or shows signs of aggressive behavior, owner must immediately remove the dog(s). Dogs must be at least four months of age to use the Park. 6. Respect the neighbor's privacy and right to a quiet neighborhood. D. Dog owners are responsible to clean up dog(s) feces with scoopers provided and place in trash receptacles provided. Should the owners not take responsibility for this Park and cleaning up after their animal(s) the City will close the Dog Park. Page 4 of 6 21 ob2v E. Dog owners are responsible and liable for the actions and behavior of their dog(s) under their supervision at all times while in the Dog Park. No more than 3 dogs per owner allowed at one time in the Park. F. Owners use the Park at their own risk. The City of Dublin accepts no responsibility for injury, or illness to dogs, persons, visitors or owners while using this facility. Dogs and persons entering the Dog Park do so at their own risk. Parent must be responsible for and protective of young children within the park. G. No smoking within the Dog Park. H. Bicycles and strollers are prohibited. I. The City of Dublin reserves the right to close the Dog Park at any time due to unfavorable weather, maintenance operations or other circumstances. Sign #2 WARNING CHILDREN LINER THE AGE OF 12 MUST BE ACCOMPANIED BY AN ADULT AT ALL TIMES CHILDREN AGES 5 AND UNDER SHOULD NOT ENTER THE DOG PARK PARENTS/ADULTS ACCEPT FULL RESPONSIBILITY FOR CHILDREN'S SAFETY WITHIN THE DOG PARK AT ALL TIMES Sign #3 City of Dublin Bray Commons -Dog Run for Small Dogs A. Dog Run Hours 7:30 am -Dusk Daily B. This Dog Run is limited to dogs 20 pounds and less, no exceptions. C. The Dog Owner Must: 1. Have dog(s) properly licensed and tagged. License must be worn by any dog within the park or on public property, including City sidewalks, trails and in any parks. 2. Have dog(s) properly vaccinated and current with their vaccinations. 3. Be with their dog(s) within the fenced area at all times, have the dog(s) under voice control at all times and carry the dog(s) leash. Owners are responsible for dog(s) behavior. 4. Keep dog(s) in designated enclosed area when off leash. Dog(s) must be leashed before leaving the Dog Run per Dublin Municipal Code Section 5.100.130. 5. Do not use Run if your dog(s) is aggressive towards people or other dogs, anti-social, in heat, unruly or barks excessively. Aggressive dogs are NOT welcome in the Dog Run. If an owner's dog begins to play too rough or shows signs of aggressive behavior, owner must immediately remove the dog(s). Dogs must be at least four months of age to use the run. 6. Respect the neighbor's privacy and right to a quiet neighborhood. D. Dog owners are responsible to clean up dog(s) feces with scoopers provided and place in trash receptacles provided. Should the owners not take responsibility for this run and cleaning up after their animal(s) the City will close the Dog Run. Page 5 of 6 ZZ~zv E. Dog owners are responsible and liable for the actions and behavior of their dog(s) under their supervision at all times while in the Dog Run. No more than 3 dogs per owner allowed at one time in the run. F. Owners use the run at their own risk. The City of Dublin accepts no responsibility for injury, or illness to dogs, persons, visitors or owners while using this facility. Dogs and persons entering the Dog Run do so at their own risk. Parent must be responsible for and protective of young children within the park. G. No smoking within the Dog Run. H. Bicycles and strollers are prohibited. Proposed Additional Standard Park Rules Sign ANY BEHAVIOR THAT IS DANGEROUS TO THE PUBLIC OR USERS OF THE PARK, OR THAT MAY DAMAGE PARK PROPERTY, IS PROHIBITED. Page 6 of 6