PUBLIC NOTICE OF

PROPOSED ADOPTION OF

CITY OF CHINO HILLS

ORDINANCE

        NOTICE IS HEREBY GIVEN that on April 9, 2019, the City Council of the City of Chino Hills will consider adoption of a proposed Ordinance entitled:

        AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING THE CHINO HILLS MUNICIPAL CODE CHAPTER 10.32 (WHEELED TOYS) IN ITS ENTIRETY AND AMENDING THE CHINO HILLS MUNICIPAL CODE TITLE 12 (STREETS SIDEWALKS, AND PUBLIC SPACES),  TO ADD SECTION 12.40.005 (DEFINITIONS), TO REMOVE SECTION  12.40.170 (DEFINITIONS), AND AMEND SECTIONS 12.40.190 (UNAUTHORIZED VEHICLES), 12.40.300 (WASTE LIQUIDS AND REFUSE), SECTION 12.40.310 (PARK HOURS), AND ADDING SECTION 12.40.390 (FEEDING OR HARASSING NON-DOMESTICATED ANIMALS), AND SECTION 12.40.400 (UNAUTHORIZED UNMANNED AIRCRAFT AND VEHICLES) TO CHAPTER 12.40 (PARKS AND RECREATION FACILITIES)                                                  

        WHEREAS, public parks are provided for the benefit of the public, it is important to establish rules to ensure the safety and public peace and welfare; and

        WHEREAS, a question has arisen as to whether the City’s “Wheeled Toy Ordinance” set forth in Chapter 10.32 also prohibits “scooters.” The Council finds that “scooters” are included in such prohibition as “similar devices,” but to make this prohibition explicit, the ordinance is being amended to specifically include the term “scooters.”; and

        THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS:

        SECTION 1.  Add Section 12.40.005 to Chapter 12.40 of the Chino Hills Municipal Code to read as follows:

12.40.005 - Definitions.                                 

For purposes of this chapter, the following words shall have the meaning indicated below:

"Amplified sound" means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers.

“City Manager” means the City Manager of the City of Chino Hills.

"Council" means the City Council of the City of Chino Hills, or any person authorized by the Council, pursuant to law, to act in its stead.

“Director” means any Director of any Department of the City of Chino Hills.

"Knife or dagger" means any knife, dirk, or dagger having a blade of three inches or more in length; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle.

"Park” means any community park or neighborhood park maintained by the City as a park, and in addition the following recreational facilities:

a.     The area surrounding the buildings at the McCoy Equestrian Center;

b.     The area surrounding the building known as the Community Center.

The term “Park” means the entire area of the park, which includes, but is not limited to parking lots, walkways, restrooms, gazebos, playgrounds, passive grass areas, arenas, athletic facilities, slopes, greenbelts, bile swale, wet or dry creeks, and landscaped areas, but does not include City open space or the trails located on the City open space regulated by Chapter 12.32 of this code.

"Vehicle" means any device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power, including, but not limited to, cars, trucks, trailers, recreational vehicles, golf carts, all-terrain vehicles (ATV), off-road motor bicycles, motorized scooters, or electric bicycles.

"Vehicular travel" means travel by a vehicle.

        SECTION 2.  Amend 12.40.190 of Chapter 12.40 of the Chino Hills Municipal Code to read as follows:

12.40.190 - Vehicles

1.     Roads for Public Use - The provisions of the California Vehicle Code are applicable in the City parks with respect to any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel.  All violations of such Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof.  All vehicles including, but not limited to, golf carts, all-terrain vehicles (ATV), and quads are required to have current registration.

2.     Surfaces other than Roads for Public Use – No person shall drive or otherwise operate a vehicle, including golf carts, all-terrain vehicles (ATV), off-road motor bike and similar vehicles, in a park upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the City Manager, Director, or designee, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, and further excepting motorized wheelchairs.

3.     Vehicles are not permitted in any City park overnight unless authorized by a Director, City Manager, or his/her designee for emergency purposes excepting vehicles in the service of the City such as animal control vehicles and law enforcement vehicles.

        SECTION 3.  Amend Section 12.40.300 of Chapter 12.40 of the Chino Hills Municipal Code to read as follows:

12.40.300 - Waste Liquids and Refuse

1.     No person shall wash dishes, empty salt water, or dispose of biohazardous materials or other waste liquids anywhere in the park.

2.     No person shall leave garbage, cans, bottles, papers, or other refuse elsewhere than in the receptacles provided therefor. 

        SECTION 4.  Amend Section 12.40.310 to read as follows:

12.40.310 - Park Hours

Hours of park use shall begin 30 minutes before sunrise and end 30 minutes after sunset, unless park amenities are properly lighted with fixed facility lights over City designated athletic facilities.  No person shall remain in any park between 30 minutes after sunset and 30 minutes before sunrise. 

        SECTION 5.  Add Section 12.40.390 of Chapter 12.40 of the Chino Hills Municipal Code to read as follows:

12.40.390 - Feeding or Harassing Non-Domesticated Animals

No person shall feed or harass any non-domesticated animal.  Non-domestic animals include, but are not limited to coyote, raccoon, bear, opossum, feral cat, goose, duck, fox, squirrel, snake, rat, and mouse.

        SECTION 6.  Add Section 12.40.400 of Chapter 12.40 of the Chino Hills Municipal Code to read as follows:

12.40.400 - Unauthorized Unmanned Aircraft

Any unmanned aircraft or vehicle including but not limited to drones, model aircrafts, remote controlled cars, or remote controlled watercraft toys, is not permitted in or over any City park unless authorized by a Director or the City Manager, or his/her designee because such activity is for City purposes.

        SECTION 7.  Amend Chapter 10.32 of the Chino Hills Municipal Code in its entirety to read as follows:

10.32.010 - Definitions.

For purposes of this chapter, certain words and terms are defined as follows:

"Private property" means any property held by private individuals or interests which is used primarily for business, commercial, office space, business park, religious, multifamily or recreational purposes. This shall also include the parking facilities for these private property areas.

"Public property" means any property owned or maintained by the city within the geographical boundaries of the city of Chino Hills.

"Rollerblades" or "rollerskates" means any footwear, or device, which may be attached to the foot or footwear, to which wheels are attached.

"Skateboard" means a board of any material, which has wheels attached to it and which is propelled or moved by human, gravitational, or mechanical power.

“Scooter” means a board of any material, which has wheels and a handle attached to it and which is propelled or moved by human, gravitational or mechanical power.

10.32.020 - Prohibition - Restrictions.

It is unlawful and subject to punishment in accordance with Section 10.32.070 of this chapter, for any person to utilize, ride upon or otherwise move about on any rollerblades, roller skates, skateboards, scooters or similar devices on any public or private property upon which a sign has been posted prohibiting rollerblading, skateboarding, rollerskating , scooters or similar activity and which has been designated by resolution of the City Council, as set forth in Section 10.32.030 below.

10.32.030 - Designation of private property as no rollerblading or skateboarding area.

A.     If the property is not multifamily residential tenant-occupied property, the owner may submit a written application requesting a designation of a no rollerblading, skateboarding, roller skating, scootering or similar activity area.

B.     If the property is multifamily residential property occupied by tenants of the owner, then the tenants shall submit a written application with two-thirds of the units on the property supporting a designation of no rollerblading, skateboarding, roller skating, scootering or similar activity and the application shall also contain the written consent of the property owner or his or her designated representative.

C.    The City Council may upon request, as set forth in subsections A and B of this section, by resolution, designate any private property as a no rollerblading, skateboarding, rollerskating, scootering or similar activity area. The City Council shall designate such area and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with Section 10.32.050 of this chapter.

D.    The City Clerk shall cause notice of City Council consideration of this application to be published in any newspaper of general circulation at least ten (10) days prior to City Council consideration.

E.     All areas that have been designated under this chapter by the City Council as a no rollerblading, skateboarding, rollerskating, or similar activity area prior to [the effective date of this ordinance] shall also be deemed to include a prohibition against scootering as a “similar activity.”

10.32.040 - Designation of public property as no rollerblading, skateboarding or rollerskating or scootering area.

A.     All parks, as that term is defined in Chapter 12.40 of this code, except the Skate Park, are designated as no rollerblading, skateboarding, rollerskating, scootering or similar activity areas.

B.     The City Council may, by resolution, designate any additional public property, even if it is not city-owned public property, as a no rollerblading, skateboarding, rollerskating, scootering or similar activity area. The City Council shall designate such area and order the posting of appropriate signage in accordance with Section 10.32.050 of this chapter.

C.    All areas that have been designated under this chapter or by resolution by the City Council as a no rollerblading, skateboarding, rollerskating, or similar activity area prior to [the effective date of this ordinance] shall be deemed to include a prohibition against scootering as “similar activity.”

10.32.050 - Posting of signs required - Content.

A.     Prior to the enforcement of the prohibition on rollerblading, skateboarding or rollerskating, scootering or similar activity, the area so designated shall be posted with signs which provide substantially as follows:

Rollerblading, skateboarding, rollerskating, scootering or similar activity, is prohibited by Chino Hills Municipal Code Section 10.32.020.  Any violation is punishable by a fine of $100.00 for the first offense.

B.     Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs in plain view at all entrances to the property or area. If a private property is designated, these signs will be seventeen (17) inches by twenty-two (22) inches with lettering not less than one inch in height. It shall be the responsibility of the property owner or tenant(s) to post and maintain all signs prohibiting. 

C.    Notwithstanding subsections A. and B. of this section, in parks, as that term is defined in Chapter 12.40 of this code, the prohibition of rollerblading, skateboarding, rollerskating, scootering or similar activity, may instead be on signage with language deemed sufficient by the City Manager to provide notice, including, but not limited to,  combining this prohibition on a sign which lists other acts prohibited in parks.

D.    All areas that have signs erected under this chapter prohibiting rollerblading, skateboarding, rollerskating, or similar activity area prior to [the effective date of this ordinance] shall also be deemed to include a prohibition against scootering because scootering was already prohibited as a “similar activity” in the prior ordinance.

10.32.060 - Fees set by resolution.

The City Council may, by resolution, establish fees for the receipt and processing of any applications for no rollerblading, skateboarding, scootering or rollerskating areas. In addition, the City Council may, by resolution, establish fees sufficient to cover the costs of developing, printing and posting the areas designated pursuant to this chapter.

10.32.070 - Penalties.

Any violation of this chapter is deemed an infraction, punishable as provided in Section 1.36.020 of this code. Subsequent violations shall also be punished as provided in Section 1.36.020 of this code.

10.32.080 - Exemptions.

Devices designed, intended or used primarily for the transportation of infants or the handicapped shall be exempted from the regulations imposed by this chapter.

        SECTION 8.  Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinance Nos. 91-01 and 92-02.

        SECTION 9.  This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance.  It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

        SECTION 10. Repeal of any provision of the CHMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date.  Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

        SECTION 11. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the CHMC or other City Ordinance by this Ordinance will be rendered void and cause such previous CHMC provision or other City Ordinance to remain in full force and effect for all purposes.

        SECTION 12. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

        SECTION 13. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

        SECTION 14. This Ordinance shall take effect on the 30th day following its final passage and adoption.

        A copy of the full text of the Ordinance is available for review in the office of the City Clerk, City of Chino Hills, 14000 City Center Drive, Chino Hills.

DATED:     April 3, 2019                                 

s/CHERYL BALZ, CITY CLERK

PUBLISH:  Chino Hills Champion

                  April 6, 2019                                                           210-19

CITY OF CHINO HILLS - PUBLIC NOTICE OF  PROPOSED ADOPTION OF CITY OF CHINO HILLS ORDINANCE

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