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Home My WebLink About1309t 4 ORDINANCE NO. 1309 (1996 SERIES) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING SECTIONS 12.20.020, 12.20.030, 12.20.040, 12.20.050, 12.20.060, 12.20.070, 12.20.090, 12.20.110, 12.20.115; MOVING AND AMENDING SECTION 12.40.020 TO SECTION 12.20.120; AND INTRODUCING 12.20.130 OF THE SAN LUIS OBISPO MUNICIPAL CODE PARK REGULATIONS. t. WHEREAS, the City Council conducted a public hearing on September 3, 1996 and has considered testimony of other interested parties, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed revisions are consistent with the purposes of the Park Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff; and BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed text amendments to the Park regulations, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. Section 12.20.020, B & C are hereby amended to read as follows: 12.20.020 Definitions. "B. "Director" means the Director of Parks and Recreation or other person authorized by him, pursuant to law, to act in his stead." "C. "Park" means any parkland, playground, beach, or recreational facility, including any parking lots, open space, creek, or any other area or structure accessory thereto maintained and operated by the City of San Luis Obispo." SECTION 3. Section 12.20.030 is hereby amended to read as follows: 12.20.030 Compliance with regulations required. "It shall be unlawful to enter, be or remain in any park unless there is compliance at all times with all of the regulations set forth in this chapter applicable to such park and with all other applicable laws, ordinances, rules and regulations." ATTACHMENT 1 n - ionn Ordinance No. 130 1996 Series) Page Two - SECTION 4. Section 12.20.040, C1 is hereby amended to read as follows: 12.20.040 Rules and regulations applicable in city parks. "C. Prohibition of Animals in Parks. No person shall cause, permit, or allow any animal owned or possessed by him or any animal in his custody or control to be present in the park except: " "Cl. Equine animals being led or ridden under reasonable control upon any bridle paths or trails provided that they are designated and identified for such purposes." SECTION 5. Section 12.20.040 is hereby amended by adding a statement after Section C7 to read as follows: "The Parks & Recreation Director may prohibit animals in certain posted areas in city parks in the interest of public health, safety, comfort and welfare." SECTION 6. Section 12.20.040, F is hereby amended to read as follows: 12.20.040 Rules and regulations applicable in city parks. "F. Presence in Parks During Certain Hours Prohibited. It shall be unlawful to enter, remain, or stay in any public park between the hours of ten p.m. and five a.m. of the following day without approval from the Director." SECTION 7. Section 12.20.050, B is hereby amended to read as follows: 12.20.050 Reservation of park areas and structures. "B. Reservations by Permits. The following procedures shall be followed by persons desiring to reserve park areas for gatherings or assemblies. 1. Applications for permits must be submitted in writing at the office of the city Parks and Recreation Department, not less than five working days nor more than ninety calendar days in advance of the intended use. 2. The Director may impose such reasonable conditions upon the issuance of the permit as deemed necessary for the protection of the public health, safety and welfare, including without limitations, conditions related to: time, place, frequency, duration, consumption of alcoholic beverages, maximum attendance, parking restrictions, use of amplified sound, and placement of permitted apparatus. 3. The Director may also require the applicant to provide additional water and sanitary facilities and refuse receptables as reasonably believed to be necessary for the protection of the public health, safety and welfare in connection with the intended use. Ordinance No. 130`_i996 Series) Page 3 4. The Director may require the applicant to provide a designated number of approved security personnel for the purposes set forth by the Chief of Police upon such application. 5. The applicant shall agree to reimburse the city for any unusual cleanup and facility repair expenses incurred as result of the activity authorized by the permit." SECTION 8. Section 12.20.060 is hereby amended to read as follows: 12.20.060 Transfer of permits - Written consent required. "No permit for the use of a park or any portion thereof, shall be transferable without a written consent of the Director. " SECTION 9. Section 12.20.070 is hereby amended to read as follows: 12.20.070 Appeal- Hearing - Council's determination to be final. "Any person aggrieved by an act or determination of the Parks and Recreation Director or the Chief of Police in the exercise of the authority herein granted shall have the right to appeal to the Council pursuant to the provisions set forth in Chapter 1.20 of this code." SECTION 10. Section 12.20.090 is hereby amended to read as follows: 12.20.090 Insurance required -When. "Any person or group reserving a city park facility or imposing admission charges for activities held within city parks shall provide evidence of current insurance holding the City harmless from any liability for injury to persons or property resulting from the activity. The minimum amount of such insurance shall be determined by the city's risk manager." SECTION 11. Section 12.20.110 is hereby amended to read as follows: 12.20.110 Enforcement. "A. The Police Department shall have the primary responsibility for the enforcement of the provisions of this chapter. B. In addition, all personnel in the Parks and Recreation Department and all Public Works Department personnel in the Parks and Building Maintenance Divisions shall have the duty to enforce the provisions of Section 12.20.040 and 12.20.050. SECTION 12. Section 12.20.115, A.l. is hereby amended to read as follows: 12.20.115 Consumption of alcohol unlawful. "A. It shall be unlawful for any person to consume any alcoholic beverage in any City park or park area except: Ordinance No.- 1309 (1996 Series) Page 4 1. During an activity conducted pursuant to an approved park permit as specified in Section 12.20.050; " SECTION 13. Section 12.40.020 shall be moved to Section 12.20.120 and is hereby amended to read as follows: 12.20.120 Power boats prohibited on Laguna Lake. "Any boat containing any source of power other than sails or oars, or more than one electric motor, is prohibited from operating on the lake located in the southwesterly portion of the city, adjacent to Madonna Road, Los Osos Valley Road, and Foothill Boulevard, and known as Laguna Lake, and the maximum speed of boats permitted to operate on the lake shall be five miles per hour. This section shall not apply to any boats authorized by the Council for patrol or maintenance purposes." SECTION 14. Section 12.20.130 is hereby added to read as follows: 12.20.130 Skateboarding, rollerblading, rollerskating in city parks. "A. Use of skateboards, rollerblades, or roller skates on tennis courts, playgrounds, picnic /barbecue areas, entryways, patios to park facilities, and parking lots is prohibited except for activities authorized or operated by the Parks and Recreation Department. B. No person shall use, operate or strike a skateboard, rollerblades or roller skates against, onto or upon the side of buildings, fences, steps, benches, tables, play equipment, curbs, rails, ramps or similar objects or structures in a city park. C. No person shall apply any foreign substance, including wax, oil, or other similar material, either as a solid or liquid, onto any curb, stair, railing, ramp, sidewalk, bench or other abutment for the purpose of aiding any stunt, turn or other acrobatic action while riding a skateboard, rollerblades or roller skates. Such application is prohibited from any city park without prior written approval of the Parks and Recreation Director. " SECTION 15. A synopsis of this ordinance, approved by the City Attorney, together with the names of the Council Member voting for and against, shall be published at least five days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 3rd day of September on motion of Vice-Mayor-Williams , seconded by Council Member Smith , and on the following roll call vote: AYES: Council Members Williams:;-Smith, Roalman, Romero and Mayor Settle NOES: None ABSENT: None Ordinance No. 1309- .k1996 Series) Page 5 ATTEST: City Cle Bonnie L. Ga APPROVED AS TO FORM: Mayor Allen Settle ��„j� - Ordinance No. 1309 (1996 Series) FINALLY PASSED this 17th day of September, 1996, on motion of Council Member Romero, seconded by Council Member Smith, and on the following roll call vote: AYES: Council Members Romero, Smith, Roalman, and Mayor Settle NOES: None ABSENT: Council Member Williams ATTEST: ity Clerk :,