JUNE 7, 2005 ZON2005-00233 (PUBLIC TRAIL USES ORDINANCE) JUNE 7, 2005 ZON2005-00233 (PUBLIC TRAIL USES ORDINANCE)



TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: JUNE 7, 2005

SUBJECT: ZON2005-00233 (PUBLIC TRAIL USES ORDINANCE)

Staff Coordinator: Ara Michael Mihranian, Senior Planner

RECOMMENDATION

Adopt Ordinance No. 421 a City initiated proposal to amend Title 12 Section 12.16.080 of the Rancho Palos Verdes Municipal Code establishing regulations governing the use of public parks and open space by equestrians, bicyclists, and pedestrians.

DISCUSSION

On May 17, 2005, the City Council introduced Ordinance No. 421, amending Title 12 of the Rancho Palos Verdes Municipal Code establishing regulations prohibiting persons from riding horses or bicycles, or from walking, jogging or otherwise utilizing public parks or open space except on trails or areas designated by the City for such uses. The introduction of Ordinance 421 constituted the first reading of the Ordinance. If the second reading of Ordinance No. 421 is adopted by the City Council at its June 7th meeting, the effective date of the Ordinance will be July 7, 2005, which is thirty (30) days from the adoption date.

CONCLUSION

Staff recommends that the City Council adopt Ordinance No. 421 to enact the respective amended language.

Respectfully submitted:

Joel Rojas, aicp

Director of Planning, Building

and Code Enforcement

Reviewed,

Les Evans

City Manager

ATTACHMENTS:

ORDINANCE NO. 421

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS GOVERNING THE USE OF PUBLIC PARKS AND OPEN SPACE BY EQUESTRIANS, BICYCLISTS AND PEDESTRIANS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Title 12 of the Rancho Palos Verdes Municipal Code is hereby amended by amending Section 12.16.080 of Chapter 12.16 to read as follows:

"Section 12.16.080 Use of City parks, nature preserves and recreational facilities.

Any person who enters any park, nature preserve or recreational facility that is owned by the City shall comply with all applicable City regulations and posted signs, including, without limitation, regulations and signs regarding the use of public trails.

A. No person shall ride or drive or otherwise introduce any horse or other large domestic animal within a City park, City-owned nature preserve or City-owned recreational facility except on trails or areas that are designated by the City for equestrian use and in areas where automobiles and other motorized vehicles expressly are allowed, unless expressly authorized in writing to do so by the city manager or the city manager’ s designee.

B. No person shall ride or drive or otherwise introduce any bicycle or other similar unmotorized wheeled device within a City park, City-owned nature preserve or City-owned recreational facility except on trails or areas that are designated by the City for bicycle use and in areas where automobiles and other motorized vehicles expressly are allowed, unless expressly authorized in writing to do so by the city manager or the city manager’ s designee.

C. No person shall walk, jog, run or otherwise utilize any City park, City-owned nature preserve or City-owned recreational facility except on trails or areas that are designated by the City for such use and in areas where automobiles and other motorized vehicles expressly are allowed, unless expressly authorized in writing to do so by the city manager or the city manager’ s designee.

D. In deciding whether to grant such authorization for use pursuant to paragraphs A, B or C of this Section, the city manager or the city manager’ s designee shall consider time of day, relative crowding of the area requested, factors of public safety, availability of areas approved for such activities, impact of such activities upon sensitive habitat, and any other factor relevant to the welfare of those utilizing City parks or City-owned nature preserves or recreational facilities."

Section 2. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this ordinance shall remain in full force and effect.

Section 3. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.

Section 4. 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.

PASSED, APPROVED and ADOPTED this __ day of _______________, 2005.

_____________________________

Mayor

ATTEST:

___________________________

City Clerk