HomeMy WebLinkAbout03/17/1998, C11 - FINAL PASSAGE OF ORDINANCE NO. 1332 GOVERNING PUBLIC USE OF OPEN SPACE LANDS OF THE CITY r
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C I T Y O F SAN LU IS O B 1 S P O
FROM: Ken Hampian,Assistant City Administrative Officer
Prepared By: Neil Havlik,Natural Resources Manager
SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1332 GOVERNING
PUBLIC USE OF OPEN SPACE LANDS OF THE CITY
CAO RECOMMENDATION
Grant final passage to Ordinance No. 1332.
DISCUSSION
On Tuesday, March 3, 1998, the Council voted unanimously to introduce Ordinance No. 1332 to
print. This ordinance, known as the Open Space Ordinance of the City of San Luis Obispo,
establishes rules governing the use by the public of City-owned or controlled lands. The
ordinance declares the purposes of open space lands as separate from parks; allows the Council
discretion to further classify open space lands based upon their natural resource values; and
provides a mechanism to govern public use permitted on those lands.
The ordinance broadly regulates public usage of City open space lands as follows:
• Permitted with varying degrees of regulation: Hiking, bicycling,
equestrian use, rock climbing, parasailing, human- and electric-powered
boat usage on Laguna Lake,pets, livestock grazing(where appropriate).
• Prohibited: Hunting, shooting, paintball, skateboards, motor vehicles
(except City vehicles), camping, solicitation, use of sound amplifying
equipment, collection or disturbance of natural or cultural features,
possession or consumption of alcohol.
The primary means of enforcement of the ordinance would be by the Rangers, with support as
appropriate from the Police Department and other City staff.
The Ordinance is now ready for passage and will become effective thirty days after the date of its
final passage.
ATTACHMENT
Ordinance No. 1332
ORDIi,ir.NCE NO. (1998 aERIES)
AN ORDINANCE ADDING CHAPTER 12.22 REGARDING OPEN SPACE
REGULATIONS TO THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS,the City of San Luis Obispo has governed the use of its open space lands as
an adjunct to its system of City parks for many years; and
WHEREAS, in recent years, open space acquisitions and the City's establishment of a
park ranger program have focused on the need to have a more specific set of regulations
addressing the proper usage of City open space lands; and
WHEREAS, it is the desire of the City Council of the City of San Luis Obispo that the
City's open space lands be made properly accessible and be properly managed for the public
benefit; and
BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows:
SECTION 1. CHAPTER 12.22 Open Space Regulations, as set forth in the attached
Exhibit A and incorporated herein as though fully set forth, is hereby added to the San Luis
Obispo Municipal Code.
SECTION 2. A synopsis of this ordinance, approved by the City Attorney, together with
names of the Council Members 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 day of on motion of
seconded by and on the following roll
call vote:
AYES:
NOES:
ABSENT: ['�ll—
Ordinance No. (108 Series)
Page 2 -- -
Allen K.Settle; Mayor
ATTEST:
Bonnie Gawf;CityClerk
APPROVED AS TO FORM:
Jeffrey G. Jorgensen, City Attompy
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Chapter 12.22
OPEN SPACE REGULATIONS
12.22.010 Title. The ordinance codified in this Chapter shall be known as the Open Space
Ordinance of the City of San Luis Obispo.
12.22.020 Purpose of Open Space Lands.
A. The City of San Luis Obispo has developed a system of open space lands
within and surrounding the community which is an important part of the
community's setting, providing a number of opportunities for enjoyment
of the natural environment by our citizens. Consistent with the Open
Space Element of the City's General Plan, Open Space Lands have been
acquired (both in fee and through easements) for specific purposes, such
as protection of scenic character, wildlife habitat values, passive
recreation and agriculture. The Open Space Element principles state that
uses on open space lands owned or managed by the City:
1. Should-preserve the natural amenities of the open space land;
2. May not include uses which would degrade or significantly
impact resource preservation on-site or on an adjacent parcel;
3. May consist of the following uses provided allowed uses are
compatible with the purpose of the open space land:
a) Conservation of soil, vegetation, water, fish, and/or
wildlife.
b) Passive recreation, including open areas, trails, viewing
stations, hiking, horseback riding, swimming, fishing,
photography, painting, sketching and other similar day recreation
use.
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EXHIBIT A
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c) Interpretation and scientific study of the natural
environment.
d) Grazing, farming, growing of nursery stock, gardening,
and harvesting crops.
e) Landscape or wildlife restoration and enhancement
programs where the natural landscape has been altered or
degraded. Such programs may include restrictions on public
access.
B. This ordinance has been duly established by the City Council of the City
of San Luis Obispo in keeping with the principles stated above.
C. Lands acquired or otherwise controlled by the City for open space
purposes are not considered to be parks (as "Parks" are defined in
Chapter 12.20 of the Municipal Code) and shall not be construed to be
appropriate for, or used for, structured recreation, such as team sports,
large gatherings or other intensive uses of the property or site.
D. These regulations shall apply to lands owned in fee or otherwise
controlled by the City of San Luis Obispo, both within and outside of the
City limits.
12.22.030 Classification of Open Space Lands. The City Council shall have the
authority to classify open space lands as (1) open space or (2) ecological area.
"Open Space" shall be utilized primarily for scenic and wildlife habitat purposes
and for passive recreation. "Ecological Areas" shall be primarily utilized for
their wildlife habitat or other ecological values and may be subject to
restrictions upon, or prohibition of, public access. One or more contiguous
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EXHIBIT A
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Open Space Lands may also be combined as a Natural Reserve, reflecting
differing types of acquisition that may be involved in assembling such
contiguous parcels.
12.22.040 Definitions. The following terms are defined as follows for purposes of this
chapter:
A. "Amplified sound" means music, sound wave, vibration or speech
projected or transmitted by electronic equipment, including amplifiers.
B. "Director" means the Director of Parks and Recreation or other person
authorized by him or her, pursuant to law, to act in his stead.
C. "Climbing Area" means an area within a City open space land suitable
for, and designated for, climbing with the use of ropes, climbing bolts,
and other specialized equipment.
D. "Open Space Lands" means any lands owned by the City designated as
either "Open Space" or "Ecological Area," including accessories
thereto maintained and operated by the City of San Luis Obispo.
E. "Permit" means written authorization for specific uses of open space
lands, or portions thereof, as provided for and defined in this chapter.
F. "Vehicle" means any device by which any person or property may be
propelled, moved or drawn, excepting a device moved by human power
(prior Code 4226.1).
G. "Trail" means an improved passage for persons, animals, or vehicles,
maintained in a manner to be reasonably safe for such passage for such
persons, animals or vehicles, as may be appropriate.
H. "Natural Reserve" means an area of one or more Open Space Lands,
which may be managed as a unit by the City or in conjunction with other
agencies.
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EXHIBIT A
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12.22.050 Rules and Regulations Applicable in City Open Space Lands. The following
rules and regulations apply in all Open Space Lands within or under the control
of the City of San Luis Obispo, unless expressly stated otherwise elsewhere in
this Chapter.
A. Resources Protected. All natural and cultural resources (including, but
not limited to, all naturally occurring plants and animals, prehistoric and
historic artifacts, structures, and remains of structures) within City Open
Space Lands are protected, and no person shall collect, gather, or
otherwise disturb any natural or cultural resources found therein, except
for pruning or removal of materials in conjunction with City-sponsored
activities, such as trail construction or maintenance or for collection of
specimens for research or educational purposes as permitted in advance
by the City.
B. Presence in Open Space Lands Restricted to Certain Hours; No
Overnight Usage. Open Space Lands where public access is permitted
shall be open to the public from dawn to dusk. It shall be unlawful to
enter or remain within such lands between one hour after sunset and one
hour before sunrise of the following day without approval from the
Director.
C. Authority to Close. Any section or part of the City's Open Space Lands
may be declared closed to the public by the Director at any time and for
any interval of time, either temporarily or at regular and stated intervals
(daily or otherwise), and either entirely or merely to certain uses, as the
Director finds reasonably necessary.
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EX MIT A
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D. Operation of Vehicles and Bicycles.
1. No person shall drive or otherwise operate a vehicle on City
Open Space Lands or upon surfaces other than those maintained for
purposes of vehicular travel, except upon temporary parking areas as
may be designated from time to time by the Director. Vehicles in the
service of the City while upon their official duties are exempt. The
provisions of the California Vehicle Code are applicable in the City
Open Space Lands which is publicly maintained and open to the use of
the public for purposes of vehicular travel. All violations of the Vehicle
Code shall be enforced and prosecuted in accordance with the provisions
thereof.
2. Use of bicycles on City Open Space Lands is restricted to areas
and trails designated for bicycle use.
E. Solicitation Prohibited. No person shall practice, carry on, conduct, or
solicit for any occupation, business, or profession in any City Open
Space Land, or sell or offer for sale any merchandise, article, or
anything whatsoever. This subsection shall not apply to any person
acting pursuant to a contract with the City or under an authorization
granted by the Director.
F. Restrictions Upon Animals in Open Space Lands.
1. 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
Open Space Lands except:
a) Equine animals being led or ridden under reasonable
control upon any bridle paths or trails provided that they are
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EXHIBIT A
designated and identified for such purposes;
b) Equine or other animals which are hitched or fastened at a
place expressly designated for such purpose;
C) Dogs or cats when led by a cord or chain not more than
six feet long;
d) Dogs which have been specially trained and are being
used by blind or disabled persons to aid and guide them in their
movements;
e) Small pets which are kept on the person of the possessor
at all times;
f) In connection with activities authorized in writing by the
Director;
g) Animals in the open space for grazing purposes pursuant
to an agreement approved by the City Council.
2. The Director may prohibit animals in certain posted areas in City
Open Space Lands in the interest of public health, safety, comfort, and
welfare, or for purposes of habitat protection.
G. Duty to Care for and Control Animals. It shall be the mandatory duty
of all persons owning, possessing, in control of, or otherwise responsible
for a dog, a cat, or an equine animal in City Open Space Lands to
exercise proper care and control of such animal so as not to molest or
menace any other person, domestic animal, wildlife, or livestock in or
upon City Open Space Lands.
H. Sound Amplifiers Prohibited.
1. The Council enacts this legislation for the sole purpose of
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EDIT A
securing and promoting the public health, comfort, safety, and welfare of
its citizenry, and for the proper stewardship of City Open Space Lands.
While recognizing that certain uses of sound amplifying equipment are
protected by the constitutional rights of freedom of speech and assembly,
the Council nevertheless feels obligated to reasonably regulate the use of
sound amplifying equipment in order to protect the correlative
constitutional rights of the citizens of this community to privacy and
freedom from the public nuisance of loud and unnecessary sound.
2. It is unlawful for any person to install, use, and operate within
City Open Space Lands a loudspeaker or any sound amplifying
equipment for the purposes of giving instructions, directions, talks,
addresses, and lectures, or of transmitting music to any persons or
assemblages of persons in City Open Space Lands, except by authorized
law enforcement, fire department, or park and recreational personnel for
public safety or other informational purposes.
I. Possession or Consumption of Alcohol Unlawful. It shall be unlawful
for any person to possess or consume any alcoholic beverage in City
Open Space Lands.
J. Non-Electric 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, known as Laguna Lake. This
section shall not apply to any boats authorized by the Council for patrol
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EDIT A
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or maintenance purposes.
K. Skating and Use of Skating Equipment Prohibited in City Open
Space Lands. Use of skateboards, rollerblades, or rollerskates in City
Open Space Lands is prohibited.
L. Litter and Trash. Litter shall be disposed of properly. Disposal of
trash or litter within or upon City Open Space Lands is prohibited.
M. Weapons, Paintballs, Fireworks and Fires Prohibited. Possession or
discharge of weapons, firearms, paintballs, fireworks, or the building of
fires is prohibited on City Open Space Lands.
N. Climbing Only in Designated Areas and Routes; Waiver Required;
Installation of New Bolts Prohibited Without Authorization;
Advisory Committee.
1. Rock-climbing is permitted only within specific designated areas
on City Open Space Lands. Said areas shall be identified by the
Director, who may also make reasonable rules concerning such use,
including but not limited to, requirements for waivers of liability as a
condition of permission for such use.
2. No person shall set or install climbing bolts in any designated
climbing area without the written approval of the Director.
3. The Director shall appoint a committee of persons interested in
climbing to advise him or her on matters affecting designated climbing
areas, including but not limited to, reviewing requests for new climbing
routes, inspections of climbing areas, climbing bolts installed therein, or
other matters pertaining to the operation and maintenance of the area.
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EXHIBIT A
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O. Parasailing Permitted Only in Designated Areas and With
Authorization; New Areas Prohibited Without Authorization;
Advisory Committee.
1. Parasailing is permitted only within specific designated areas on
City Open Space Lands. Said areas shall be identified by the Director,
who may also make reasonable rules concerning such use, including but
not limited to, requirements for waivers of liability, proof of insurance,
and membership in the United States Hang Gliding Association, as a
condition of permission for such use.
2. Participants in parasailing events must wear appropriate head
protection, carry a reserve chute, and must pass an on-site ground skills
test.
3. The Director shall appoint a committee of persons interested in
climbing to advise him or her on matters affecting parasailing or other
matters pertaining to the operation and maintenance of the area.
P. Travel Generally Restricted to Designated Trails; No Trail
Construction Without Authorization. Travel in City Open Space
Lands is generally restricted to trails designated for such travel, and off-
trail travel is prohibited in places where it is unsafe to so travel, or
where such travel can result in erosion problems or resource damage.
Furthermore, construction of new trails is prohibited except where
authorized by the Director as part of a trail improvement program for a
given open space land. However, City Open Space Lands are open to
off-trail travel in areas where it is safe to do so and such travel is not
damaging to the environment.
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EXHIBIT A
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Compliance
12.022.060 Enforcement. The Parks and Recreation Department, through its Park
Rangers, shall have the primary responsibility for the enforcement of the
provisions of this Chapter. Park Rangers and City police officers shall have the
authority to cite individuals found to be in violation of the provisions of this
ordinance. In addition, other City staff involved in the maintenance and
operation of City Open Space Lands shall have the authority to enforce the
provisions of this Chapter.
12.220.070 Compliance with Regulations Required. It shall be unlawful to enter or
remain in any open space unless there is compliance at all times with all of the
regulations set forth in this chapter applicable to such I=& and all other
applicable laws, ordinances, rules, and regulations.
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EXHIBIT A