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HomeMy WebLinkAboutOrdinance 105 ORDINANCE NO. 105 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 1 TO TITLE 10 OF THE ATASCADERO MUNICIPAL CODE RELATING TO PARKS AND RECREATION The Council of the City of Atascadero ordains as follows: Section 1. Chapter 1 is added to Title 10 of the Atascadero Municipal Code to read as follows: TITLE 10 CHAPTER 1 ATASCADERO CITY PARK 10 - 1.01. Definitions. As used in this chapter , unless the context clearly requires a different meaning, the following words have the following meanings: (a) "Aquaplane" means any park, surfboard, water ski or other device used for transporting, conveying, or carrying a person who is towed or pulled by any boat by means of a rope, chain, cable, wire, or other connection. (b) "Department" means director of City of Atascadero department of Public Works. (c) "Horse" means any member of the equine family; (d) "Lake means Atascadero Lake. (e) "Park" means any municipal area open to the public for recre- ational purposes, including the Atascadero Lake, zoo, picnic area, ballfield, Sunken Gardens, and Paloma Creek Park. (f) "Park Personnel" means all department personnel charged with the responsibility of maintenance and management of Ata- scadero Recreational Areas and "park personnel" includes the Director and Assistant Director of Public Works. (g) "Motorboat" means any vessel propelled by machinery & capable of transporting a person. 10 - 1.02. Authority of Park Personnel. I 1 i- Park personnel are authorized to direct the visiting public in its use of the park according to statutes, ordinances, rules and regu- lations applicable to the park. In the event of fire or other emer- gency, to expedite traffic, to insure safety of the persons in the park, to insure against pollution of the Lake, or to protect property and facilities inthe park, park personnel may direct the public as conditions may require notwithstanding other provisions of this chapter. 10 - 1.03. Restriction of Public Use of Parks. Park personnel, the Chief of Police, and the Fire Chief are authorized to restrict the public use of the park by closing the park or any park area or any of its facilities or restricting the hours of operation for good and sufficient reasons including but not limited to the following: (a) Sanitary protection of the watershed. (b) Fire prevention. (c) Construction. (d) Dangerous or unsafe conditions. (e) To prevent damage to the park or its facilities. (f) Conservation of fish and game. 10 - 1.04. Litter, Garbage, Polluting Substances. It is unlawful for any person within the park to commit any of the following acts: (a) To throw or discharge into the waters of the lake or any stream, or place upon the shore area thereof, any litter gar- bage waste products, trash, motor oil, or other debris," or to discharge into the lake or any stream or along the shore area thereof, any contaminating or polluting substance of any kind whatsoever, or to use any motor or container which leaks oil or gas into the waters of the lake. (b) To dump or deposit any trash, refuse, garbage, litter or any kind of waste materials in any portion of the Atascadero Rec- reational Areas except in approvedcontainers specifically placed and designated to receive such waste materials. 10 - 1.05. Boat Washing It is unlawful for any person to wash a boat or motor vehicle in the lake or park area. 2 10 - 1.06. Windsurfers. A nonmotorized surfboard-like vessel over eight feet in length may be utilized on the lake under the following conditions: (a) Windsurfing may be conducted in only those areas designated for boats. Windsurfing is prohibited in designated swimming areas. (b) No person engaging in windsurfing or related activity may do so without wearing an approved personal flotation device. (c) When directed by park personnel, any person engaging in wind- surfing or related activity shall discontinue said activity and remove his person and equipment from the water . (d) Vessels defined within this category shall be exempted from the requirements of Section 9873 (e) of the California Vehicle Code. 10 - 1.07. Boat Operation in Prohibited Areas. It is unlawful for any person within the park to operate a boat within a prohibited area designated by official standard waterway markers on the Lake. Such prohibited area shall be designated by the Director of Public Works. 10 - 1.08. Motorboats. It is unlawful for any personwithinthe park or lake area to operate any type of motorboat with the exception of model boats of 1 hp or less. Model boats must have approved mufflers which reduce the noise level of the boat. 10 1.09. Boats on Shore--Designated Areas--Sleeping In. It is unlawful for any person within the park to do any of the following acts: (a) To keep any boat on shore overnight except in an area desig- nated and posted for such purpose. (b) To sleep in any boat during the hours when the lake is closed to boating. (c) To moor any boat overnight in a` location other than in an area designated and posted for mooring; any boat so moored shall be at owner 's sole risk and the City Council assumes no liability or bailment obligation pertaining to damage, loss or theft of such boat. 10 - 1.10. Unattended Boats. It is unlawful for any person utilizing the area to leave any boat unattended for more than forty-eight hours except" - in the desig- 3 ` nated storage areas. Park personnel are authorized to impound any boat involved in a violation of this section, and to charge a rea- sonable fee or fees for the release of said boat to the owner. Any such boat not claimed by the owner within thirty days after written notification of such impounding may be sold by the Director of Public Works at public auction shall first be deducted and retained, and the remainder , if any, shall be paid to the owner. 10 - 1.11. Boat Operation Time Restriction. It is unlawful for any person to operate or occupy any boat on the lake between the time of one-half hour after sunset and one-half hour before sunrise. 10 - 1.12. Boat Operation by Incapable Person. It is unlawful for the owner of any boat within the park or any person having such in his charge or control to authorize or knowingly permit the same to be operated by any person who is incapable of operating such watercraft under the prevailing circumstances for any reason, including, but not limited to, inexperience or physical or mental disability. 10 - 1.13. Closure of Lake Park personnel are authorized to close the lake or portions thereof, to boating, for any of the following reasons: (a) Dangerous water or weather conditions. (b) Unsatisfactory parking or road conditions. (c) Construction or special event activities. 10 - 1.14. Motor Vehicle Speed Limits. It is unlawful for any person within the park to operate a _motor vehicle at a speed in excess of fifteen (15) miles per hour, except as otherwise posted or as provided by law. 10 - 1.15. Reckless Use of Vehicle. It is unlawful for any person within the park to drive a vehicle in a careless or reckless fashion so as to endanger the vehicle, its occupants, or any person, equipment, facilities, or property. 10 - 1.16. Road Closure. Park personnel are authorized to close any park road or parking lot. Such authorization may be for the following reasons but are not strictly limited to; I 4 I (a) Construction of facilities. (b) Dangerous road conditions. Such closure shall be posted or otherwise designated by park personnel and restricted to pedestrians only - no motor vehicles. 10 - 1.17 . Conservation. It is unlawful for any person within the park: (a) To receive, bring, or cause to be brought into the recreation area any fish, amphibian, or aquatic plant for any place for the purposes of propagation or use as fish bait without the approval of the Department of Fish and Game of the State of California and the Director of Public Works. (b) To cut, pick, mutilate or destroy any vegetation, except when authorized by the Director of Public Works. (c) To remove, disfigure or cut soil or rock, except when authorized by the Director of Public Works. 10 - 1.18. Damaging Equipment of Others. It is unlawful for any person within the park to mutilate or destroy any equipment or facilities of others. 10 - 1.19. Burning Material. It is unlawful for any person within the park to throw, palce or otherwise dispose of any burning material except into authorized firepits or incinerators. 10 - 1.20. Fireworks and Explosives. It is unlawful for any person to receive, bring, or cause to be brought into the park, any fireworks or other explosives, or to fire any fireworks or other explosives within the park. For purposes of public display, a permit must be issued by the Fire Chief, and only after all state and local requirements have been met. 10 - 1.21. Fire Restrictions. It is unlawful for anyone within the park to build, ignite, or utilize fires except in portable stoves or barbecue pits, of a type approved by park personnel in picnicking areas. 10 - 1.22. Unattended Fires. It is unlawful for anyone within the park to leave any fire unattended or to fail to put out a fire prior to departure. 5 10 - 1. 23. Combustible Material Disposal. It is unlawful for anyone within the park to dispose of combusitble materials other than in park trash cans. 10 - 1.24. Mistreatment of Animals or Birds. It is unlawful for anyone within the park or zoo to molest, injure, or kill any animal or bird, or to allow any child or animal under his supervision to molest, injure or kill any animal or bird. 10 - 1. 25. Closed Areas. It is unlawful for any person to enter any area of the park which is posted against entry, fenced or obviously hazardous. 10 - 1.26. Commercial Activity. It is unlawful for any person or persons to engage in any commercial activity within the park, except as authorized by the City Council. Non-profit agencies may be allowed to conduct fund raising events upon approval by Public Works. Exemptions for business licenses may be granted to non-profit agencies. 10 - 1.27 . Skin Diving and Scuba Diving. It is unlawful within theark for any y person to engage in skin diving or scuba diving. 10 - 1. 28 . Swimming. It is unlawful for any person to swim in any area of Atascadero Lake. 10 - 1.29. Sign Posting-Temporary Structure Construction. It is unlawful for any person within the park to post or erect a sign, or to construct any temporary structure, except by permit approved by the Public Works Director. 10 - 1.30. Hours of Operation. The hours of operation for public park areas shall be from 6 a.m. until 10 p.m. on a daily basis, unless otherwise posted. Activities specifically scheduled by the City, such as organized recreational activities, are exempt from the closure time. 10 - 1.31. Public Use Fees Public Use Fees for City recreational areas shall be those established by the City Council, as revised periodically by res- olution of the City Council. Such public use fees are necessary to recover costs of services rendered, other than inspection, and costs of control of sanitation and pollution. The fees are fixed by resolution to the Council. 10 - 1.32. Animals and Pets It is unlawful for any person within the park to commit any of the following acts: A. To allow any animal or pet under his supervsion to be in the park unless controlled by a leash not to exceed six (6) feet in length, or by a bridal; B. To allow any animal or pet under his supervision to molest, inconvenience or endanger any occupant of the park; C. To abandon any animal or pet under his supervision within the park; D. To allow any animal or pet under his supervision to be outside of an enclosed vehicle at night; E. To leave any animal or pet under his supervision unattended at any time; F. To allow animal or pet under his supervision to, be in any park buildings or structures except seeing eye and hearing dogs. G. To allow any animal or pet under his supervision to use the park as a waste area. 10-1.33. Overnight Camping It is unlawful to camp overnight in any City park or parking place without a special use permit. This permit shall be issued by the City Police Department. 10 - 1.34. Penalties Violations of the provisions of this chapter shall be prosecuted in accordance with the provisions of Chapter 3 of Title 1 of the Atascadero Municipal Code. Section 2. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, pub- lished, and circulated in this City in accordance with Government Code Section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of 'Ordinances of this City. 7 Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day after its passage. On motion by Councilman Molina , and seconded by Council Member Mackey , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: ADOPTED: May 28 , 1985 AYES: Councilman Molina, Councilwomen Mackey and Norris NOES: Mayor '.Pro Tem Handshy ABSENT, Mayor Rolfe Nelson ATTEST• eo-4 BERT M. , City Clerk ROLFE NE SON, Mayor APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: 'j j MICHAEL SHELTON, City Wnager 8