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HomeMy WebLinkAbout939 - Ordinance ORDINANCE NO. 939 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING CHAPTER 12.04 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE USE OF PARKS, RECREATIONAL TRAILS, LIBRARIES, AND OTHER RECREATIONAL FACILITIES OF THE CITY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY ORDAINS AS FOLLOWS: Section 1 . Chapter 12.04 of Title 12 of the Rancho Cucamonga Municipal Code is hereby amended and restated in its entirety to read as follows: "Chapter 12.04. Community Services Regulations 12.04.010 Community Services Regulations. Except as provided in this chapter, it shall be unlawful for any person within the limits of any park, recreational trail, library or other recreation facility owned or operated by the city to: A. Lead or let loose any animal except: 1. Dogs or cats on a leash which are under the full control of a person; 2. Horses, ponies or the like which are ridden or led on bridle trails or other areas designated for such purpose. B. Possess an open container of, or to consume beer, wine, or other alcoholic beverage, as defined in California Business and Professions Code §23004, in any City owned park or recreational facility, or in or upon any City-owned public place within the City. 1 . The provisions of subsection B above, shall not apply to persons conducting or attending social events in or upon and City owned park, recreational facility, or other City owned public place where alcoholic beverages are being served, that are sponsored by the City, or that are conducted by established community service or similar non-profit organizations, or other persons, organizations or entities that have rented a City-owned park, recreational facility or other City owned public place, having prior written consent of the City Manager or his or her designee, after taking into account the nature of the event and potential risk to the public health and safety. During events to which this exception applies, the lawful consumption and type of alcohol and/or possession of open containers of alcoholic beverages is strictly limited to the immediate area where such Ordinance No. 939 Page 1 of 6 event is being conducted and only for the duration of the event. A true copy of any required license or permit issued by the State of California Department of Alcohol Beverage Control, and the City Manager's, or his or her designee's, written consent, authorizing the provision of the alcoholic beverage being served, must be in the possession of an authorized representative of the organization sponsoring the event, and that representative shall be present at all time at the event. The representative shall present the license or permit and/or City Manager's, or his or her designee's, written consent, to any peace officer upon demand. C. Enter or remain between the hours of 10:00 p.m. of one day and 6:00 a.m. of the following day, except to attend an event in the stadium building located in the sports complex on the west side of Rochester Avenue, south of Foothill Boulevard, or pursuant to an authorization issued by the city community services department or as part of a city-sanctioned activity; D. Light or maintain any fire, except in a stove, fire circle or other place provided for that purpose; E. Throw, project or propel any object capable of causing serious personal injury or damage to property, except that baseball, basketball, football and other games where a ball is used may be played in areas designated for such purposes; F. Park or stand any vehicle in other than a designated parking area, except pursuant to a permit issued by the city; G. Drive any vehicle other than on roads, trails or driveways provided for that purpose, except pursuant to a permit issued by the city; H. Drive any vehicle at a speed in excess of five miles per hour; Ride or use playground equipment posted for use by children under the age of 14 years, unless under the age of 14 years; J. Throw, discard, place or dispose of any garbage or refuse upon the ground or in any place other than a garbage can or other receptacle maintained for such purpose; K. Bring garbage or refuse from outside the limits of the park or recreation facility and deposit the same in garbage cans or receptacles; L. Hold or engage in a musical concert or other musical event without a permit issued by the city, except for those events conducted within the stadium building located in the sports complex on the west side of Rochester Avenue, south of Foothill Boulevard; Ordinance No. 939 Page 2 of 6 M. Fly any powered model aircraft other than rubber band- powered models no longer than two feet in length or unmanned aviation system, except in areas designated and posted for such purposes or pursuant to a permit issued by the city; N. Molest, injure or kill any animal or disturb its habitat; O. Play any radio, tape recorder or other electronic sound- producing device at such volume as to be audible at a distance of more than 50 feet; P. Swim, dive, wade or in any way enter into any pond, lake, water feature, reflecting pool or any similar body of water; Q. Sell or offer for sale any merchandise, article or thing of any kind or nature, including professional services, except as specifically authorized in writing by the city manager, or his or her designee, or as otherwise authorized by agreement of the city council. 12.04.020 Exemptions. A. The provisions of subsection A.1 of section 12.04.010, requiring all dogs to be on-leash while in public parks within the city, and any similar requirement contained in the city's animal control regulations, shall not apply to the following: 1. Any dog used by a law enforcement agency. 2. Any dog while participating in a formal dog obedience training program, dog show or other program expressly permitted or sponsored by the city. 3. Any dog within a posted leash-optional area of any city- owned park, as established by resolution of the city council; provided, however, that nothing herein shall relieve the owner or person having charge, custody, care and/or control of such dog from the responsibility to maintain proper control over the dog. Furthermore, nothing herein shall be construed as relieving such person from any liability for any damages arising out of his or her use of a leash-optional area. In order to be subject to the exemption set forth in this subsection 3, all persons must comply with all requirements of law and the following rules and regulations when utilizing any leash-optional area: a. No dog is permitted in a leash-optional area, except when in the care, custody and control of a person at least 13 years old. Any person under 13 years of age must be accompanied by and be under the direct supervision of an adult. No person may have more than two dogs in a leash-optional area at any one time. All dogs must be under the Ordinance No. 939 Page 3 of 6 voice control of their caretakers at all times. Dogs are permitted in a leash- optional area between the following days and hours only: Monday - Friday (year-round) 7:00 a.m. to 8:30 p.m. Saturday (fall/winter) 8:00 a.m. to 5:00 p.m. Saturday (spring/summer) 8:00 a.m. to 7:00 p.m. Sunday (year-round) 8:00 a.m. to 5:00 p.m. The fall/winter season begins the first Sunday in November, and the spring/summer season begins the first Sunday in March each year. b. All dogs must be at least four months of age, vaccinated for rabies, and currently licensed by the city's animal control authority. No dog that is sick, in heat, injured, under four months of age, or which displays aggressive behavior toward other dogs or humans is permitted in any leash-optional area. Food or treats for dogs may not be brought into any leash-optional area. c. Any person having care, custody or control of a dog in a leash-optional area shall quiet or remove the dog if it barks and shall promptly remove and properly dispose of any waste deposited by such dog. d. No animals other than dogs are permitted in any leash-optional area. e. The use of a leash-optional area shall constitute an agreement by any such dog owner or person having the care, custody or control of the dog, to strictly follow the rules in this section 12.04.020.A.3 and to assume all risks and to indemnify, defend and hold harmless the city, including its elected officials, officers and employees, with respect to any liabilities, claims, injuries or other damage to persons or property arising out of or connected with such person's use of the leash-optional area. B. The provisions of subsections C, F and G of section 12.04.010 shall not apply to city employees who are engaged in the performance of their duties. Ordinance No. 939 Page 4 of 6 12.04.030 Written Authorization Procedure Rules Adoption. The city manager or his or her designee may adopt rules and regulations for the issuance of any written authorization permitted hereunder. Any such written authorization shall be issued by the community services department. 12.04.040 Written Authorization Issuance for Group Activities. The community services department, pursuant to the rules and standards adopted by the city manager or his or her designee, may issue written authorizations permitting the exclusive temporary use of specified recreational areas for groups desiring to engage in specified recreational activities. 12.04.050 Violation—Penalty. A. Any person engaging in any activity declared unlawful by section 12.04.010.C, J, N or Q is guilty of a misdemeanor and shall be punished as set forth in section 1.12.010. B. Any person violating any other provision of this chapter 12.04, including, but not limited to, violation of any rules applicable to use of leash- optional areas, shall be guilty of an infraction, punishable as set forth in section 1.12.010." Section 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. Section 3. CEQA. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15305, minor alterations in land use, and section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. Ordinance No. 939 Page 5 of 6 PASSED, APPROVED, AND ADOPTED this 3rd day of October, 2018. nis Mich I, Maydr ATTEST: , nice C. Reynolds, C`y Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of September 2018, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3rd day of October 2018. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 4th day of October 2018, at Rancho Cucamonga, California. 0 ), e., "ice C. Reynolds, C ty Clerk Ordinance No. 939 Page 6 of 6