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Home My WebLink AboutOrd 2014-3322 F ORDII�'ANCE NO. 3322 \, ORDII�TANCE OF THE CITY OF CHULA VISTA AMENDTi�'G CHliLA VISTA n4LTNICIPAL CODE SECTIONS 1.04.010. 2.66.310 AI�TD 2.66330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE II�'FRACTION CITATIOI�'S AI�'D GENERAL UPDATES TO CI IAPTER 2.66 V�'I-IEREAS, Cin� staff is concemed about maintaining public park propem and the quality of liFe for all Cit� residents in City parks; and V�'HEREAS, from time-to-time irresponsible individuals commit violations of Ciri� la��in Cih parks including drinking alcohol in parks, urinating on public property, damaging city fields or pla�� structures. performing unauthorized use, or not honoring reser��ations for fields or facilities: and N'HEREAS, City of Chula Vista park raneers will confront indi��iduals �vho are violatins citv la�vs in citv parks �vithout repercussion because they do not currentiv have the authorit�� to issue citations for violations thereof: and WHEREAS; the pazk rangers N�iil have to �vait until the Chula Vista Police Department responds to the cit}� pazk in question and usualh b}� that time the offending par[}� has fled; and WHEREAS, currentl}� the position of City of Chula Vista park ranger is not authorized to issue infraction citations: and �1'HEREAS, Califomia state la�v permits cities to authorize and delegate the responsibilin� of enforcine park rules. regulations and la��-s to pazk ranaers and authorizes them to issue infraction citations: and y �'�'HEREAS, Cit}• staff belie��es that if a park ranger �as authorized to issue infraction citations that City parks would be better served bv having park rangers preserve the peace and qualit}� of life b}� ensurine that ��iolations of Cit�� and state ]a��are not committed therein: and R'HEREAS, Cit}� staff also belie��es it ��ould better serve the communitv and ta.�pa��er resources by havins park rangers enforce cit}� la�� as opposed to additionally burdenine the Chula Vista Police Depanment; and «'HEREAS; Cin� staff would also like to accomplish a eeneral cleanup of Chapter 2.66 �i-hich is included hereNith to address operational changes ��ithin Cit}� organization; and W"HEREAS. at the request of City staff induding the recreation. public works and police departments, the City Council finds it necessar�� to preserve its parks and public propem and does hereby authorize the position of Cit�� of Chula Vista park ranger to issue infraction citations for��iolations of Cit�� and state la��that occur in Cit} parks; and Ordinance No. 3322 Page No. 2 WH�REAS, the De��elopment Sen�ices Director has revie�ved the proposed acti��ity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Projecf` as defined under Section 15375 of the State CEQA Guidelines; therefore, pursuant to Section l�060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus; no enviromnental review is necessary. NOW. THEREFORE. the Citv Council of the Citv of Chula Vista does ordain as folloti�s: Section 1. That Sections 1.04.010, 2.66.010, .015, .035. .040, .043, .045. .0�0; .060, .070, .080, .100, .li0, .140, .1�0, .180, .181, .185, .190, .200, .230, .240, .250, .260, .270, .310, 320 and .330 of the Chula Vista Municipal Code are hereby amended to read as follows: 1.04.010 Definitions and rules of construction. In the construction of this code and of all ordinances of the city, the following rules shall be obsen�ed, unless such construction ti�ould be inconsistent �vith the manifest intent of the city council or the contezt clearly requires otherwise: "AbatemenP' means an act or combination of actions designed to correct a nuisance. Abatement indudes, but is not limited to, removal, demolition or repair of structures; removal of weeds, rubbish and debris; reconstruction of structures to code; restoration of drainage ways or courses; grading or re-grading and filline of illegally graded or developed land; re-vegetation; vacating of illegal or nonconforming structures; removing barriers improperly blocking off public access; removal of encroachina structures onto public property; and other action which is reasonably related to the correction or mitigation of nuisances under this code or state la�y. '`City' or "this cit}� ' means and shall be construed as if followed by the words "of Chula Vista." "City manager` means an officer appointed by the city council as the city manager, and includes those officers and emplo}�ees he or she designates to perform certain functions. The term "city manager' includes a director, as defined herein, exceptin those proceedings where an appealto the city manager is taken from the order of a director. `'Code" or "this code" means the municipal code of the city of Chula Vista, Califomia. "Code enforcement officer' means a person, other than a police officer, desi�nated by the city manager or a director to enforce violations of the municipal code. A code enforcement officer is authorized to issue notices of violation and administrative citations pursuant to Chapter 1.4] CVA4C. A code enforcement officer is authorized to issue misdemeanor citations or to arrest a person �vithout a N�arrant for a misdemeanor committed in his or her presence ��hich is a violation of state la�� or an ordinance ��hich the code enforcement officer has a dutv to enforce. A code enforcement officer may eaercise all powers of arrest pursuant to Califomia Penal Code Section 836.�. A code enforcement officer is not a peace ofticer within the definition of Penal Code Sections 830 through 832.8. Computation of Time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last; unless the last day is a le�al holiday and then it is also ezduded. Ordinance No. 3322 Pa�e No. 3 "Council" �;�hene��er used in this code means the citv council of the citv. "Count��' or `this counn�` means the countv of San Dieao. "Da}� ` means the period of time bet�veen an�� midnight and the midnieht follo�vine. Da��time and Nighttime. "Da�nime° means the period of time between sunrise and sunset. "I�'ighttime" means the period of time bet�;�een sunset and sunrise. "Director` means the Chief of Police, Fire Chief, City Engineer. Director of De��elopment Sen�ices. Director of Finance. Director of Recreation Director of Public N'orks. and the emplo��ees desienated b�� them or assigned b�� job function to perform code enforcement functions and duties. It also includes the count�� health officer or director of public health for public health and sanitation. The Direc[ors are authorized to issue rules and regulations on behalf of the Cit�� here referenced in this Code. Gender. The masculine aender includes the feminine and neuter. `In the cih-` means and includes all temtorv o��er �vhich the citv no�� has. or shall hereafrer acquire,jurisdiction for the exercise of its police po��ers or other regulator�� po��ers. Joint Authority. All ��ords ei��ine a "joint authorin� ' to three or more persons or officers shall be construed as gi��ine such authorit�� to a majorih� of such persons or officers. "Month" means a calendar month. "Notice" means a ��ritten document ��hich informs a person of the time; date and place for a hearing, the nature of a penalt�� or corrective action required of that person, and the municipal code section(s) applicable to the proceedine. Sen�ice of notice is covered in CVMC 1.40.030. "I�'uisance° is as defined under California Ci��ii Code Section 3480. and includes a condition upon or use of real propert}� ��ithin Chula Vista that violates the municipal code or state la��. It ma�� also include dilapida[ion or disrepair of structures; the maintenance of a structure in which iliegal druo, gambling or prostitution activity occurs; or a structure on pri��ate propert�� ti�hich encroaches into public propem�. Number. The sineular number includes the plural and the plural the sineular. `'Oath" means and includes an affirmation. Officers, Depanments. Etc. Officers, departmen[s, boards, commissions and employees referred to in this code shall mean officers; departments, boards, commissions and emplo��ees of the Cit.�. unless the conte�t clearh� indicates othen��ise. Official Time. V�'hene��er certain hours are named in this code. the�• shall mean Pacific Standard Time or Daylight Sa��ing Time; as mav be in current use in the Cih�. Or, And. `'Or' may be read "and.`' and "and" mav be read `'or,` if the sense requires it. Ordinance No. 3322 Page No. 4 "Owner," applied to a building or land, means and includes any part owner;joint owmer, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the �i-hole or of a part of such building or land. "Park Ranger" means a person, other than a Police Officer, designated by the City Manager or a Director to enforce violations of the municipal code and whose primary duty is the protection of the park, public property, open space and other property of the City and the presen�ation of peace therein. A Park Ranaer is authorized to issue infraction citations as authorized by Chapter 1.20 CVMC. A park ranger is also authorized to issue infraction citations committed in his or her presence which are ��iolations of state law. '`Person° means and includes any person, firm, association, organization, paRnership, business trust, corporation or company. '`Personal property" means and includes every species of property, except real propert}�; as defined in this section. Preceding and Folloti�ing. The words "preceding" and 'Yollowing'' mean nezt before and nezt afier, respectivel}�. "Process' means and includes a ��rit or summons issued in the course of judicial proceedings of either a civil or criminal nature. "Property' means and includes real and personal property. `'Real propert��" means and includes land, improvements and structures on land, tenements and hereditaments. "Responsible partv" means; individually and collecti��ely, the owner(s) of real propert}� upon which a violation of this code or state law e�ists; or a tenant or occupant in possession, licensee or an�� other person who has caused; created, or continues to allo�� a condition to occur or e�ist upon real property constituting a violation of this code or state law. A "responsible party'' can be a natural person or a corporation. Shall and May. `'Shall" is mandatory and '`may' is pennissive. Signature or Subscription bv Mark. "Signature" or '`subscriptiorr' includes a mark ��hen the signer or subscriber cannot ��rite; such signer's or subscriber's name being H�ritten near the mark by a ��itness who ��Tites his o�an name near the signer's or subscriber's name; but a signamre or subscription by mark can be ackno��ledged or can serve as a signature or subscription to a s��orn statement onl}� �vhen t��o ��itnesses so sign their o�vn names thereto. '`State" or "this state" shall be construed to mean the state of California. "Tenant or occupant;" applied to a building or land, includes any person holding a ��ritten or an oral lease of. or who occupies the ti�hole or a part of, such building or land, either alone or ��ith others. Ordinance No. 3322 Page No. � Tenses. The present tense includes the past and future tenses. and the future includes the present. R'eek. .A '`�i�eek" consists of seven consecutive da��s. `V2riting ' means and indudes an� form of recorded message capable of comprehension bv ordinan �isual means. VJhenever an� notice. report, statement or record is required or authorized b�� this code, it shall be made in �tiritine in the English language, unless it is espressl}� pro��ided othen��ise. "I'ear' means a calendar vear, except �i�here othen��ise provided. 2.66.010 Purpose and intent of provisions. It is the purpose of the City Council, in establishing rules and regulations governing the use of park and recreational areas in the City, to ensure the public in general, and the inhabitants of this community in paRicular, full and equal rights to the use and enjoyment of said public facilities without regard to the status or condition of the users of the facilities it is recognized that society generally and the inhabitants of any community have a nght to have publicly owned premises maintained in a sanitary and orderly condition. Further, the City Council recognizes the rights of individuals to speak, write and freely disseminate their views and to make full use of public facilit�es so long as said rights are exercised in the manner which is not inconsistent with the rights of others and violative of said rights. It is the intent of the City Council, being aware that no rights are absolute, to regulate and prohibit certain activities in pubiic parks and other places of public recreation within the City, in the interest of protecting the enjoyment and safety of the public in the use of the facilities.To further this purpose and intent, the Director of Recreation and Director of Public Works and the City Council are authorized to both promulgate reasonable rules and regulations and post signage as may be necessary and appropriate to carry out the provisions of this chapter. 2.66.015 Definitions. Within this chapter, the following definitions apply. A. "Alcoholic beverage" means any beverage with a significant percentage of alcohol, greater than 1%, and includes beer, wine, sparkling wine and spirits. B. "Park°or"City Park° means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by ihe City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park C. "The Director Recreation" means the Director of Recreation or designee Ordinance No. 3�22 Page No. 6 D "Recreation facility" or"recreation center" means a building and the appurtenant land owned, leased or operated by the City of Chula Vista for the purpose of sports and public recreation activities, and includes a parking lot serving the building and any contiguous sidewalks. Although a recreation center or recreation facility may be located within a City park, it is a separate and distinct term for purposes of this chapter. E "Recreation area" means a City park, as defined in this section. F. "Recreation trad" means a path or way located within a Cdy park, or within open space within the City of Chula Vista, that by ordinance, resolution, regulation or agreement is dedicated to or operated by the City of Chula Vista for purposes of recreational hiking and riding. 2.66.035 Glass containers and beer kegs prohibited — Exceptions. _.......... _ A. It is unlawFul to possess a glass container in any City park. B It is unlawful to possess a beer keg or any similar single container capable of containing or containing more than one gallon of beer classified as an alcoholic beverage within any City park or recreation center unless the City authorizes such use by permit only. C. Except where expressly permitted under the terms of a lease, operating agreement or permit issued by the Director of Recreation, it is unlawful to possess a glass container within any recreation center. 2.66.040 Sale or serving of alcoholic bevereges in recreation buildings prohibited. _........... _.... A Except as authorized in subsection (B) of this section, it is unlawful to sell or serve any alcoholic beverage at any recreation center. B. Alcoholic beverages may be served, pursuant to a special permit issued by the Director of Recreation, at the following recreation centers: Norman Park Senior Center, Chula Vista Woman's Club, Rohr Manor, Salt Creek Recreation Center, Montevalle Recreation Center and Veterans Recreation Center. 2.66.043 Alcoholic beverage consumption and possession restrictions on public park properties. A. It is unlawful to consume or possess an alcoholic beverage within any City park during the hours of closure estabhshed by CVMC 2 66 270. B. It is unlawful to consume or possess an alcoholic beverage at any time within any of the City Parks or parts thereof or upon any public street, sidewalk, plaza, parking lot or rest room contiguous to or immediately Ordinance No. 3322 Pase No. 7 �' adjoining the territorial boundary of those parks or parts thereof when posted with signs prohibiting drinking, except where permitted under the terms of a lease, operating agreement or permit issued by the Director of Recreation, Director of Public Works, the City Manager, or their designee. Any signs posted pursuant to this section must be posted under the authority of a City Council resolution upon a finding by the council that the park, or poRion thereof, was experiencing problems with the public's consumption of alcohol. 2.66.045 Open alcoholic beverage containers prohibited in park's parking lots or public ways. It is unlawful to possess or consume an alcoholic beverage within, or have or possess any bottle, can or other receptacle containing an alcoholic beverage which has been opened, the seal broken, or the contents of which have been partially removed, upon any public street, sidewalk, parkway or parking lot within or immediately adjoining a City Park or Recreation Center. Except as authorized by a permit issued by the Director of Recreation and Director of Public Works it is unlawful to sell or serve any alcoholic beverage at Eucalyptus Park, Harborside Park, Lauderback Park, Memorial Park, Rienstra Park, Orange Park, SDG&E Park, Friendship and Orange Parks. 2.66.050 Toilet and rest room use restrictions. - -_____.........................................-----. _......._..._.... . ................._..__....... _ - - _....._........................._.............................._._.. It is unlawful for any male person over eight years of age to enter or use any toilets or rest rooms designated by signage for women or for any female person over eight years of age to enter or use any toilets or rest rooms designated by signage for men in a public park unless they are accompanying a minor child who needs assistance. 2.66.060 Posting of handbills and other papers prohibited. A. Except as authorized in CVMC 2.66.060(B), it is unlawful to post and/or distribute within any City Park or Recreation Center, or to post or affix upon any iree, fence or structure or building located within any City Park or Recreation Center, any handbilis, circulars, pamphlets,tracts, dodgers, papers or advertisements. B. With the permission of the Director of Recreation or Director of Public Works or their designees, banners and siqns can be displayed in association with a permit, special events or rental; announcements may be posted upon community service bulletin boards located within Recreation Centers and City Parks. 2.66.070 Sale or solicitation for sale of inerchandise, food and beverage, or business prohibited - Exceptions. Ordinance No. 33Z2 Page No. 8 Except as authorized by a permit issued by the Director of Recreation or Director of Public Works or their designees it is unlawful to sell or offer for sale any merchandise, article, food, or beverage or any object whatsoever, or to practice, carry on, conduct or solicit for any trade, occupation, business or profession, for profit or free offering within any City Park or Recreation Center. 2.66.075 Vending vehicles — Parking and stopping regulations. _...._........... Except pursuant to a permit issued by the Director of Recreation, the Director of Public Works or their designees or except for emergency repairs, it is unlawful to stop or park a food vending vehicle or other vehicles within a City Park or parking lot ad�oining a Recreation Center or upon a public street immediately adjacent to a City Park for the purpose of, or to sell, give away, display or offer for sale, any food or beverage product from that vehicle. Any vehicle stopped for emergency repairs shall not sell, give away, display or offer for sale any food or beverage product. 2.66.080 Injuring or defacing structures or monuments, or digging or removing vegetation prohibited. __ A. Except when authorized by the city manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to dig up vegetation or dig within any City Park or Recreation Center or recreation area. B. Except when authorized by the City Manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to cut, break, injure, deface or disturb any tree, grass shrub, plant or other vegetation, rock, building, fence, bench, table or other structure, apparatus or property within any Cdy Park, Recreation Center or recreation area. C. Except when authorized by the City Manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to mark or write upon, paint or deface in any manner any tree, grass, rock, building, monument, fence, bench or other structure within a City Park, Recreation Center or recreation area, or to attach a decoration of any sort to any structure in or at any City Park or Recreation Center. 2.66.100 Operating or Parking of vehicles prohibited. Except when authorized by the City Manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to operate, leave or park any automobile, motorcycle or other self-driven vehicle on any park, recreation trail or plaza property, excepting at such place or places as are provided for and designated as places for the leaving or parking of automobiles, motorcycles or other self-driven vehicles. Ordinance I�o. 3322 Paee No. 9 2.66.130 Animals prohibited — Exceptions. A. Except as provided in subsection (B) or(C) of this section, it is unlawful to ride, bring, leave, tum loose or allow any animal to be within any City Park, recreation trail or Recreation Center unless expressly permitted by the City. B. Except during a dog show or exhibition authorized by the Director of Recreation, it is unlawful to bring or allow a dog to be within any City Park, Recreation Center or recreation area, unless the dog is restrained by a chain, line or leash not to exceed six feet and is in the custody and control of some competent person. C. Subsection (A)of this section shall not apply to dogs or horses which are in special areas of parks or on trails designated and posted by the Director of Public Works for such purposes, provided regulations for the use of the designated area are complied with. Subsection(A)of this section shall not apply to a seeing-eye dog or other service animal assisting a person with a disability. Yes add reference to petting zoo 2.66.140 Fires prohibited — Exceptions. It is unlawFul to make or kindle any fire except in picnic stoves (associated with picnic shelter rentals)fire-rings or fireplaces permitted for that purpose, except by permission in writing from the, Director of Recreation, Director of Public Works, or their designees. Barbeque devices using propane only are acceptable. 2.66.150 Tampering with equipment, tools or materials prohibited. Except as authorized by a permit issued by the Director of Recreation, Director of Public Works or their designees, it is unlawful to open or close any valves or switches peRaining to the water, gas or electric service or to move or remove from one location to another or destroy any equipment, tools, implements or materials used by City departments; provided, however, that this section shall not apply to any employee or contractor of the Recreation Department or Public Works Department while in the performance of his duties. 2.66.180 Operation of model airplanes and certain other vehicles prohibited. Except in an area designated with signage by the Director of Public Works for that purpose, or authorized by permit from the Director of Recreation or their designees it is unlawful to operate any model airplane, model car, go-cart, sky lanterns, fighting kites, drones or similar self-propelled device, toy or model within any City Park or recreation area. 2.66.181 Archery and golf regulated. Ordinance No. 3322 Page No. ]0 Except in an area designated with signage by the Director of Public Works for that purpose, or authorized by permit from the Director of Recreation or their designees , it is unlawful in any Cdy Park, Recreation Center or recreation area to practice or participate in archery, golf or disc golf, or to possess an implement used for archery or golf except when in direct transit to a designated area. 2.66.185 Amplified noise. _.................... _ ..__.... _ _..._....... _. . ......_....... Except when authorized pursuant to a permit issued by the Director of Recreation, Director of Public Works, or their designees it is unlawful in any park or recreation center to operate a radio, television, stereo or any similar electronic or mechanical device capable of producing or emitting sound at a volume where the sound is audible at a distance greater than 150 feet from the point of emission. 2.66.190 Disturbing of ineetings and other gatherings prohibited. _.__...... _ _... ....... It is unlawful to disturb in any manner any picnic, meeting, services, concert, exerases, exhibition, athletic events, special events or organized class, or to indulge in riotous, boisterous, threatening or indecent conduct or abusive, threatening, profane or indecent language in any City Park, Recreation Facility or recreation area. 2.66.200 Discharge of fireworks and firearms prohibited. It is unlawFul to discharge any firearm or f reworks (fireworks shall mean any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation)without the written consent of the-City; provided, however, that as to the discharging of any f rearms, this section shall not apply to any authorized peace offcer or employee of the City departments while in the performance of his or her duties. 2.66.210 Bathing, fishing in or polluting certain waters prohibited. A It is unlawful to bathe, swim or fish in the waters of any lake, pond, stream, pool, water feature, water fountam, dramage channel or throw into or deposit any dirt, fdth or foreign matter in the waters of any lake, pond, pool, or in like manner pollute the same, provided, however,�that nothing herein contained shall be construed to prohibit the intended use in any municipal swimming pool and splash pads in accordance with the rules and regulations provided therefor. B It is unlawful to use a sink or water fountain in any public park or recreation building to launder clothing or to bathe or wash any paR of the body other than the hands or face, or both. 2.66.230 Shows, lectures games of amusement, and other exhibitions prohibited. ..................._r... ................................................. . . ... ...... .. . . . ............. ..... ..................... Ordinance No. 3322 Pase No. 11 It is unlawful to set up, maintain or give any exhibition, show, performance, ledure, concert, place or games of amusement (i.e., dunk tanks, game trucks, dog shows, air inflated jumps, pony rides, petting zoos etc.)or concert hall without a permit issued by the Director of Recreation, Director of Public Works or their designees. 2.66.240 Organized use restricted. _........_...--- A. Except in areas designated by the Director of Recreation by permii or posted signage, it is unlawful to engage in any organized activity within a City Park or recreation area. B. Organized shall be defined as: regulariy scheduled or regularly recurring; OR involving 25 or more participants; scheduled, publicized, or promoted in advance; conducted or directed by an individual, group of individuals, or an organization; instructional or directional in nature; participants wearing unifortns, vests, or other clothing and/or equipment that cleariy designates opposing teams. C. All groups desiring to make reservations for field use must complete an application for facility use form and pay the required fee(s) at the time of request by the Recreation Department. D. Anv persons without a facilitv use permit authorizins them to do so will not be permitted to install items into the oround. or to use equipment that mav result in damage to the arass or public propert}�, including but not limited to soal or «�orkout equipment. Those persons ��ith a facilitv use permit and authorization to do so H�ill be required to cease use of said installed or used equipment if e��idence of damase exists. NOTE:The reservations must be made before the desired date. Groups wishing to reserve a ballfield must reserve one for a minimum of two hours. If groups who wish to have a ballfield prepped (dragged and chalked) for an additional required fee(s), seven days' notice must be given. (Ord. 2651 § 1, 1995; Ord. 1179 § 1 Art. 3, 1969; prior code§21.32(22)). 2.66.250 Riding bicycles, motorcycles, scooters, roller blading, roller skating, in-line skating, skateboarding prohibited in certain areas. A. Prohibited Areas Except as provided in subsection (B) of this section, it is unlawful to skateboard, roller blade, in-line skate, or roller skate or ride a bicycle, scooter, tricycle, motorized bicycle, motorcycle or motor vehicle on any path, bridle treil, basketball or tennis court,walk or sidewalk in any City Park or recreation area. B. Lawful Areas. It is lawful to skateboard, roller blade or roller skate or ride a bicycle, scooter or tricycle within a City Park or recreation area on a path or in an area designated by the Director of Recreation by permit or posted signage as appropriate for that purpose. Ordinance No. 3322 Page No. 12 C. Grinding prohibited. It is prohibited for skateboarders to use their skateboard to grind edges of benches, sidewalks or any other concrete or steel public installations except in explicitly designated skate parks. 2.66.260 Camping and other overnight activities prohibited. _..... ... _...... ..... _. _........ Except when authorized pursuant to a permit issued by the Director of Recreation, Director of Public Works, or their designees it is unlawful to camp, lodge, or sleep for any period of time within a City Park during the hours that the park is closed pursuant to CVMC 2.66.270. 2.66.270 Activities prohibited during certain nighttime hours — Exceptions. _.. All City parks are open between the hours of 7 a.m to 10 p.m. generally.The Director of Recreation or Director of Public Works is authorized to alter the park closing hours stated above when the Director determines it is necessary to preserve public property from damage and/or for the public health, safety or welfare. Specifc facilities within City parks, such as tennis courts, playing fields, gazebos and similar installations, can also be closed at different hours than general park closure hours so long as signs are posted. Such change in hours shall be effective when signs indicating the change are posted Any person found inside the park during closure hours can be cited for violating park closure hours. 2.66.310 Group use— Rules and regulations. — Picnic Shelters A. It is unlawful in a City Park to use a group picnic shelter or other public area designated for group use of 25 or more persons without prior authorization from theCity or its designees. Group picnic shelters for groups of 25 or more persons shall be designated by signs posted by the City for that purpose. B. It is unlawFul for any person or group of persons within a City Park, without a permit issued by the City , to fail or refuse to promptly leave a picnic shelter or other public area designated for group use by 25 or more persons following notifcation by a Park Ranger or other person designated for that purpose by the City , or a Police Officer C All groups desiring to make reservations for a group picnic shelters or other public area must complete a park reservation request form, submit a refundable cleaning and security deposit, and pay the required fee(s) at the time of request. NOTE.The reservations must be made at least two days before the desired date. D. At the conclusion of the group's use, a Park Ranger will inspect the area to determine if it has been cleaned and to ensure that no damage has occurred. If the area is left in satisfactory condition, the deposit will be Ordinance No. 3322 Paae?�'o. 13 refunded. If the area has not been property cleaned, the department will cause it to be cleaned,with the actual costs being deducted from the deposit If the costs of cleaning exceed the amount ot the deposit, the group or organization will be billed for the balance due with interest added if not paid within 30 days after the billing date. E. Groups must not exceed the maximum size for their shelter. Any group that exceeds the maximum as determined by a Park Ranger will forfeit its cleaning deposit. This occurrence may be grounds for refusal to approve future requests. F. Groups who cancel a reservation will be charged a required fee(s)for handling. If the reservation is cancelled seven or more days in advance, the use fee and cleaning/damage deposit will be refunded. If the reservation is cancelled less than seven days in advance, only the cleaning/damage deposit will be refunded. Cancellations must be made by filling out a Request for Refund online. Should inclement weather occur on the day of the reservation, the groups may receive a refund of the use fee and cleaning/damage deposit. G. All groups will confine themselves to their assigned areas, unless they are involved with recreational activities. No picnic tables, benches, grills, stoves or other park equipment will be moved from any other area without express permission from the City. Groups may not change assigned picnic areas. Failure to comply wiil result in forfeiture of alI fees. H. All group members and caterers must use the parking area assigned on the reservation form.Any vehicle not parked in designated parking spaces will be ticketed. I. Organizations and groups staging functions in the parks should acquaint themselves with the general park rules and regulations Actions which are in violation of said rules and regulations may result in cancellation of the outing, forfeiture of deposits, arrest or fine. J. These group use rules and regulations apply to all City of Chula Vsta parks. K. Am� persons �i�ithout a permit ��ill not be permitted to use courts. install items into the ground, or to use equipment that results in damaee to the grass or public propert��. including but not limited to goal or��orkout equipment. 2.66.320 Issuance of Park Permits. Upon application presented at least fourteen days in advance, the Director of Recreation, Director of Public Works or their designees will issue a permit for activities regulated within this chapter, unless the director finds that the event or activity will violate or cause any of the following conditions to occur Ordinance No. 3322 Page No. 14 A. Violate law, B. Exceed the capacity of the city park or recreation facility for the safe conduct of the event; C. Present a clear and present danger to the health, safety or welfare of the public or other park users, D. Conflict with the terms or conditions of a valid prior issued permit or program activities; E. Involve the use of machinery or equipment which can damage park or recreation property; including but not limited to, spikes, metal cleats, and/or equipment ftted with projections, is prohibited; F. Involve actrvity, equipment or a number of persons, or a combination thereof, which in the opinion of the Director of Recreation,r Director of Public Works, or their designees is or constitutes a threat to public health and safety; (Ord. 2651 § 1, 1995) 2.66330 Enforcement. Violations of this chapter aze punishable pursuant to Chapter 1.20 CVMC. A Park Ranger is authorized to enforce the provisions of this Chapter and any other Chula Vista Municipal Code provisions addressing public property and issue infraction citations for violations thereof. Section II. Severabilih� If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such im�alidity, unenforceabilit}� or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to an}� other person or circumstance. The City Council of the Cit}� of Chula Vista hereby declares that it ��ould ha��e adopted each section, sentence; clause or phrase of this Ordinance. irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared im�alid, unenForceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effecti��e Date This Ordinance shall take effect and be in force on the thirtieth day afier its final passage. Ordinance I�o. 3322 Paae No. 1� Section V. Publication � The Cit�� Clerk shall certif�� to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to la��. . Presented b�� .Approved as to form bv �///� \/ ��- � Rich . Ho •� Glen R. Gooeins �= � �('�� Director of Public ��'orks Cit�� Attornev ��.�' Kristi McClure v Director of Recreation Ordinance I�'o. 3322 Page No. 16 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista. Califomia. this 14th day of October 2014. by the following vote: • AYES: Councilmembers: Aguilar, Bensoussan. Ramirez, Salas and Coa NAYS: Councilmembers: None ABSENT: Councilmembers: None . � Cheryl Cos; M y r ATTEST: �� Donna R. Norris, C C, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DTEGO ) CITY OF CHULA VISTA ) I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3322 had its first reading at a regular meeting held on the 9th day of September 2014 and its second reading and adoption at a regular meeting of said City Council held on the 14th day of October 2014; and ��as duly published in summary form in accordance ��ith the requirements of state la�v and the City Charter. � U.ZfYI,l� �2 2t�1� / Dated Donna R. Norris, CMC, City Clerk