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HomeMy WebLinkAboutCC ORD 2011-2363 Amend Chapter 10.52 Municipal Parks, Playgrounds and Golf CoursesORDINANCE NO. 2011 — 2363 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 10.52 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO REGULATIONS FOR THE USE OF MUNICIPAL PARKS, PLAYGROUNDS AND GOLF COURSES TO ALLOW DOGS TO BE OFF -LEASH IN CITY DESIGNATED DOG PARKS, AND ESTABLISHING DOG PARK REGULATIONS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended by amending Title 10 as follows: Section 1. Chapter 10.52 of the National City Municipal Code is hereby amended in its entirety to read as follows: Chapter 10.52 REGULATIONS FOR THE USE OF MUNICIPAL PARKS, PLAYGROUNDS AND GOLF COURSES Sections: 10.52.010 Prohibited activities. 10.52.020 Dog park regulations. 10.52.030 Enforcement. 10.52.010 Prohibited activities. No person shall engage in any of the following acts within the premises of any city park, playground, golf course, or recreation facility: A. Transport, carry, or discharge any firearm, weapon, air gun, slingshot, or explosive of any kind. B. Use archery equipment, hit golf balls, play baseball, football, soccer, cricket or any other game of ball, in a designated picnic area. C. Bring, ride, allow, or permit any bovine animal, sheep, goat, swine, or horse to enter or occupy the premises. D. Bring or permit any dog, other than a seeing -eye dog, to enter or occupy the premises, unless the same is kept on a leash adequate to control such dog at all times. This prohibition against dogs off -leash does not apply to dogs within a "leash free" area, or City designated "dog park". E. Take, kill or maltreat any bird or animal, either wild or domestic. F. Pick, dig, remove, carry away, or willfully damage or destroy park improvements, soil, plants or trees on the premises. G. Drive or ride a motorcycle, automobile, or any other motorized vehicle on any walkway or turfed area. H. Willfully damage or vandalize any building or structure located upon the premises. Except for pedestrians or joggers, enter or occupy the premises between the hours of 9:00 p.m. and 7:00 a.m. without the consent of the city council, the city manager, or their authorized agents. J. Enter or trespass in any area, building or facility which is fenced and locked. K. Drive or operate any motor vehicle in any park in excess of fifteen miles per hour. L. Park any automobile or vehicle in any park at any place other than designated parking areas. Places where parking is permitted shall be designated by appropriate signs. M. Wash, perform maintenance on, or make other than emergency repairs upon any automobile, motorcycle or self -driven vehicle in any park. N. Make a fire in any park other than in stoves, pits or braziers provided by the city. O. Except for charcoal lighter, bring into any park any material which will, if spilled or spread, be injurious to the turf or plant growth. P. Throw or dispose of any bottles, tin cans, broken glass, paper, clothes, cast iron, rubbish, soil, or other debris of any kind, except in approved containers provided by the city. Q. Willfully remove, damage or destroy any athletic equipment provided by the city. Normal wear and tear is acceptable R. Move or remove from one location to another any part or parts of field equipment. S. Open or close any valve pertaining to the water mains or sprinkler system, or to expose or interfere with any gas pipe, hydrant, pitcock, sewer, catch basin, backflow preventer, or other similar device in any park. T. Indulge in indecent or riotous conduct or language, or to otherwise make noises in such a manner as to disturb any picnic, meeting, concert or activity. U. Operate a public address system without prior written permission of the city. This prohibition shall not include the use of small portable radios, as long as such radios are operated at such a volume as not to disturb other persons present in the park. V. Willfully disturb or interfere with any employee of the city acting within the scope of his or her employment, or to disturb or interfere with any spectator or participant in any event or activity conducted in any park, or to enter any park for the purpose of committing any such disturbance or interference. W. Camp or lodge overnight in or upon any park, unless prior written permission is obtained from the city. X. Sell refreshments, foodstuffs or novelties in any park or on any street immediately adjacent thereto without the prior written permission of the city council. Y. Practice, carry on, conduct or solicit for any trade, occupation, business or profession without the written permission of the city council. Z. Play upon any tennis court wearing shoes other than tennis -type shoes. AA. Use any tennis court for tennis tournaments, team practices, or other special events of any kind without the prior written permission of the City. BB. Wade or swim in any pool except when supervised. CC. Use any park facility for which a charge is made without first having paid the fee requested and having received the required permit. DD. Remove any authorized or official sign indicating that any park facility or equipment is reserved. EE. For any male person to use any toilet set apart for women, and for any female person to use any toilet set apart for men' provided, that this prohibition shall not apply to children accompanied by their father, mother or guardian. FF. Climb onto any building or structure not designated for such activity. GG. Tear down, deface or destroy any sign posted pursuant to the above sections. HH. Except in any golf course, possess a lighted or burning tobacco product or tobacco -related product, including but not limited to cigars, cigarettes and pipes; use, including chewing of, tobacco or tobacco -related products; dispose of any lighted or unlighted tobacco or tobacco -related product in any place other than a designated waste disposal container. Ordinance No. 2011-2363 2 Park, Playground & Golf Course NCMC 10.52 Regulations - Dog Parks 10.52.020 Doq park regulations. Dog owners or person with custody, care charge, control, or possession of a dog shall comply with the following: A. The presence of a dog in a City designated dog park shall constitute implied consent of the person either owning or controlling the dog to the regulations imposed by the City. A dog park means an area within a City park specifically designated by the City as an area for dogs to be "off -leash". B. Dog parks shall be used during park hours only. C. Dogs must be keep on a leash going to and from the dog park. D. A person shall not have more than three (3) dogs within a dog park. E. Dog leashes, choke chains, prong collars, and head collars (Haiti, Gentle Leader, etc.) must be removed before dogs run loose in the dog park. F. Dog owners or person with custody, care charge, control, or possession of a dog shall not abandon or otherwise leave any off -leash dog unattended or unsupervised within a dog park G. Dog owners must clean up after their dog(s) using closeable bags and dispose of the waste in a trash receptacle. H. Dogs must be under vocal control and not cause a public nuisance, safety hazard or harass people, other dogs or wildlife. I. Aggressive behavior by a dog(s) is not permitted. Dogs must be removed from the dog park at the first sign of aggression. J. The presence of a dog in a dog park shall constitute a waiver of liability, on behalf of the person either owning or controlling the dog, to the benefit of the City of National City, as well as an agreement and undertaking by the person either owing or controlling the dog to protect, indemnity, defend, and hold harmless the City of National City for any injury or damage caused by the dog. K. In the event of a dog bite that results in injury requiring medical care to a person or another dog, dog owners shall provide to the injured person or owner or custodian of the injured dog, at the time of the injury, his or her full name, correct dog license information, telephone number, mailing address, and driver's license number. L. Dogs must have a current dog license as required by Municipal Code Section 18.12.010, , and have up-to-date vaccinations. A current dog license may serve as proof of compliance. M. Under no circumstances shall a sick dog that has been diagnosed with a contagious disease, or that shows signs of illness be allowed in any dog park. N. Female dogs in estrus (heat cycle) are not allowed within a dog park. O. Food, pet treats and dog food are not allowed inside the dog park. P. Dog owners or person with custody of a dog shall not permit their dog(s) to dig holes. Q. A dog park shall not be used as a children's play -area. No children under the age of 16 are permitted in the dog park unless accompanied by an adult and are closely supervised. 10.52.030 Enforcement. This Chapter may be enforced by any official or officer who is charged by the Municipal Code with code enforcement authority. Violation of any provision of this Chapter shall be punishable as a misdemeanor, and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. --- Signature Page to Follow --- Ordinance No. 2011-2363 3 Park, Playground & Golf Course NCMC 10.52 Regulations - Dog Parks PASSED and ADOPTED this 19th day of July, on Mrison, : or ATTEST: Mich. el R. Dalla, C. Clerk PROVED AS TO ORM: �Fudia G. Silva City Attorney Ordinance No. 2011-2363 4 Park, Playground & Golf Course NCMC 10.52 Regulations - Dog Parks Passed and adopted by the Council of the City of National City, California, on July 19, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: RON MORRISON Mayor of the City of National City, California I NatioClerk nalCity City, California Deputy I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on July 5, 2011 and on July 19, 2011. I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or that the reading of said Ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said Ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2011-2363 of the City Council of the City of National City, passed and adopted by the Council of said City on July 19, 2011. By: City Clerk of the City of National City, California Deputy