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Home My WebLink About372 - OrdinancesORDINANCE NO. 372 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAN CliO CUCAMONGA, CALIFORNIA, ADDING SECTION 9.18.015 TO THE RANCliO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE PROHIBITION OF UNAUTHORIZED ENTRY UPON CERTAIN PRIVATELY OWNED LANDS WITHIN THE CITY OF RANCliO COCAMONGA, AND DECLARING THE URGENCY THEREOF A. Recitals. (i) Cucamonga Canyon is a natural and unimproved wilderness area located generally north of Almond Street, west of the northerly terminus of Sapphire Street, within the boundaries of the City of Rancho Cucamonga, and proceeding northerly into the wilderness/recreational areas comprised of the San Bernardino National Forest. The area of Cucamonga Canyon within the Boundaries of the City of Rancho Cucamonga, except for certain public easements, is comprised of privately owned land. Within such area of Cucamonga Canyon there are no obvious improvements or boundary demarcations to distinguish the privately owned lands within the City of Rancho cucamonga from the public land of the San Bernardino National Forest. (ii) In recent years, it has been the habit of young adults to frequent the area of Cucamonga Canyon to conduct various parties and gatherings. The presence of such gatherings in the extremely rugged and unimproved areas of Cucamonga Canyon, combined with the presence of certain persons under the influence of various intoxicants, has resulted in a history of continued and repeated accidents in the area, including, but not limited to, numerous deaths, serious injuries and traffic accidents. Moreover, the use of this area has been characterized by continued and repeated requests for law enforcement services for a variety of criminal acts, including, but not limited to, various drug and alcohol related incidents, violent assaults and deliberate vandalism. Such activities have contributed to the accumulation of substantial litter and debris and have increased the risk of serious fires in the area. A substantial portion of the above-described accidents and incidents have occurred on the above-described private lands within the jurisdiction of the City of Rancho Cucamonga. (iii) Prior to adopting this Ordinance, the City Council of the City of Rancho Cucamonga has entered into that "Memorandum of Understanding Pertaining to the Allocation of Public Safety Responsibilities and Resources for Cucamonga Canyon" with the United Stated Department of Agriculture, Forest Service and the County of San Bernardino. One of the purposes of such Memorandum was to create an enforcement network to allow the Forest Service to effectively enact, within the jurisdiction of the San bernardino National Forest, certain regulations limiting access to such public lands to alleviate the public safety dangers referenced above. However, because such regulations Ordinance No. 372 Page 2 would not apply to the above-described privately owned lands within the City of Rancho Cucamonga, and because such regulations would not otherwise be completely effective, it is necessary for the City of Rancho Cucamonga to provide restrictions on access to that private property within the boundaries of the area of Cucamonga Canyon. (iv) Based upon the history of usage of the Cucamonga Canyon area referenced above, this Council finds that unrestricted access to the private property within Cucamonga Canyon is inherently unsafe and constitutes an extreme danger to those persons and properties within such area of Cucamonga Canyon. (v) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION__i: This Council finds that all the facts set forth in the Recitals, Park A, of this Ordinance are true and correct. SECTION 2: The City Council of the City of Rancho Cucamonga hereby finds as follows: a. The area of Cucamonga Canyon within the jurisdiction of the City of Rancho Cucamonga is characterized by its extremely rugged, unfenced, unimproved and natural terrain. Such lands are currently in private ownership; however, there are no obvious landmarks or demarcations to distinguish the boundaries of such private land from the public property of the San Bernardino National Forest immediately adjacent. b. The history of usage of the site, including the private lands in question, has resulted in numerous accidents and deaths, repeated requests for law enforcement services for a variety of criminal acts and the general waste, damage and destruction of public and private property. c. The continued unrestricted access to such lands within Cucamonga Canyon poses an extreme and immediate danger to the health, welfare and safety of those persons and properties in and upon such areas of Cucamonga Canyon. SECTION 3: Chapter 9.18 of the Rancho Cucamonga Municipal Code is hereby amended to add a new Section 9.18.015, to read, in words and figures, as follows: Ordinance No. 372 Page 3 "9.18.015 Prohibition of Unauthorized Access - Cucamo~B~__C~XS~. "A. No person shall enter or remain upon any private land in the area of Cucamonga Canyon without having written permission from the owner of such lands, or the owner's agent, authorizing Such entry onto such private lands. "B. For the purpose of this section, 'the area of Cucamonga Canyon' shall mean any and all private property within the corporate boundaries of the City of Rancho Cucamonga north of Almond Street, west of the northerly terminus of Sapphire Street. "C. The terms and provisions of this section shall not apply to the following: "1. The owner of such lands, or owner's agent, together with persons having visible or lawful business with said owner, agent or person in lawful possession; "2. Any federal, state or local law enforcement, fire protection or safety personnel; "3. Any public utility or related service personnel while actively engaged in the performance of such public utility or related service; "4. Any fenced and privately owned land containing structures, dwellings or other improvements of an owner or person in lawful possession of such property; and, "5. The area of the Forest Service access easement to the San Bernardino National Forest commonly known by the name 'Big Tree Road'." SECTION 4. The City Engineer of the City of Rancho Cucamonga is hereby authorized to prepare and post signs informing of a violation of the terms and provisions of this Ordinance on the above-described property within Cucamonga Canyon. SECTION 5. This Ordinance is hereby declared to be an urgency measure pursuant to the terms of California Government Code Section 36937(b) and this Ordinance shall take effect immediately upon its adoption. E[[~[__~' The City COuncil declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptire legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Ordinance No. 372 Page 4 SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Dail%_~!!, a newspaper-of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 17th day of August, 1988. AYES: Brown, Stout, King, Wright NOES: None ABSENT: Buquet / Dennis L. Stout, Mayor ATTEST: , .... ,.'.:' ..." ..' ,. ? :"// I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 17th day of August, 1988, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 17th day of August, 1988. Executed this 18th day of August, 1988 at Rancho Cucamonga, California.