2019/06/11 City Council Ordinance 934 ORDINANCE NO. 934
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING ROHNERT PARK MUNICIPAL CODE SECTIONS 6.14.010, 6.14.030,
AND 9.62.10, AND ADDING NEW SECTION 9.62.050, TO IMPOSE PERMIT
REQUIREMENTS FOR COMMERCIAL USES OF CITY PARKS AND
RECREATIONAL FACILITIES, REGULATE OTHER NON-PUBLIC USES WITHIN
PARKS, CHANGE COURT HOURS, AND MODIFY DOG RESTRAINT
REQUIREMENTS FOR OBEDIENCE TRAINING CLASSES
WHEREAS, effective January 1, 2019, SB-946 requires that local governments
authorize pushcart vending of food and merchandise within each public park, unless there is an
exclusive concessionaire agreement in place for such park, and restricts local authority regarding
such vending activities; and
WHEREAS, to protect public safety, health and welfare, such vending and other
commercial activities within city parks should be subject to a permit issued by the Community
Services Department; and
WHEREAS, staff recommend that dog leash regulations be updated to authorize dog
obedience training classes occurring at city parks, subject to permit requirements; and
WHEREAS,to protect public safety, health and welfare, and promote the orderly use of
City parks and facilities, changes in regulations are necessary to address large events, gatherings
and other uses of City parks and recreation facilities that are not intended to be open to the
general public; and
WHEREAS, additional limitations on the hours of use for sports courts and fields would
help ensure that neighbors have peaceful enjoyment of their own property; and
WHEREAS,the City Council of the City of Rohnert Park desires to update regulations
regarding the use of parks to reflect subsequent changes in state and federal law;
NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance.
Section 2. Amended. Section 9.62.010 of the Rohnert Park Municipal Code is
amended read in its entirety as follows:
9.62.010 - Unlawful acts in public parks and recreation facilities.
It is unlawful for any person, entity, firm or corporation to do or commit any of the acts
enumerated below in any city park or recreation facility:
A. To damage, by any means whatsoever, any public property planted, placed, located or
otherwise situated in a public park or recreation facility.
B. To cut or remove any wood, turf, grass, soil, rock, sand or gravel or any object attached
or affixed to land, without written permission of the director of fhe community services
department.
C. To release any livestock of any kind on park property with the exception of dogs which
shall be permitted pursuant to posted regulations or in accordance with Section 6.14.030
of the Municipal Code.
D. To post, place or erect any bills, notice,paper or advertising device of any kind.
E. To sell or offer for sale any food or merchandise without a vending permit from the City,
except that a vending permit shall not be required of a person or nonprofit organization
to sell merchandise that depicts political, religious, philosophical or ideological message
in any area of a park open to the public. A valid vending permit shall be carried by any
vendor subject to a permit requirement at all times that person is selling within the city
park. Notwithstanding any other provision of the code, violations of requirements set
forth in this subsection E or conditions of a vending permit shall only be subject to
administrative citation issued pursuant to chapter 1.25 of the code. Administrative fines
shall be limited to the maximum fines allowed pursuant to Government Code section
51039(a). Any administrative citations issued shall meet the format requirements set
forth in section 1.25.050 and shall also provide notice regarding the ability to seek an
ability-to-pay determination in accordance with Government Code section 51039(f).
F. To willfully tamper with or damage any water or gas pipes, hydrant, stopcock, sewer,
basin or other construction in any park.
G. To carry any weapon, including, but not limited to, firearms, airguns, paintball markers,
or slingshots.
H. To make or kindle a fire except in picnic stoves or other fixtures provided for that
purpose, or to camp, except in places designated as such by official action of the city.
I. To ride or drive any horse or other animal or any motorized vehicle, cycle or scooter
elsewhere other than on the roads or drives provided for such purpose, or to drive a motor
vehicle in an erratic or hazardous manner on any park roads, paths or parking area.
J. To enter,remain,stay or loiter in the swimming pools in the public parks or the enclosures
surrounding said pools at any time when the pools are not open to the public with a
lifeguard on duty.
K. To play or engage in model airplane flying, driving of golf balls, archery, hardball or
any similar games of a hazardous nature except at such places as shall be especially set
apart for such purposes.
L. To throw or place on or in any park any paper, rubbish, garbage or refuse matter of any
kind, unless in a receptacle designed for the purpose, but no person shall deposit
household rubbish and garbage in any city park, rubbish or garbage receptacles.
M. To possess any beverage container made of glass or to bring, carry, or transport any
beverage container made of glass into a city park.
N. To possess food or drink in any city recreation facility where there are signs posted
prohibiting such items.
O. To disregard or disobey the directives of a lifeguard, city staff member, or posted rules
while at a city swimming pool.
2
Ordinance No. 934
P. To deny or otherwise interfere with the use of a field or facility by an organization or
individual with a valid reservation permit issued by the community services department.
R. To engage in any activity other than tennis on tennis courts without written permission
from the community services department.
S. To be in custody, control, or otherwise responsible for an off-leash or unconfined dog
which initiates an unprovoked attack on any person or animal that causes injury or causes
a defensive action to prevent serious injury.
T. To be in custody, control, or otherwise responsible for a dog that does not exhibit a valid
license.
U. To be in custody, control, or otherwise responsible for an off-leash or unconfined dog
over six months of age that has not been spayed or neutered.
V. To have, possess, carry, sell or consume any alcoholic beverage as defined in Section
9.34.010, unless such person has obtained a permit for possession and/or consumption of
alcoholic beverages for a special event as defined in Section 9.34.010, from the director
of public safety or his/her designee.
W. To offer for sale any service or engage in any form of commercial activity without a
commercial use permit issued by the director of the community services department,
except that a commercial use permit shall not be required (i) to solicit funds or
contributions for charitable, educational, philosophical, political, religious, or other
ideological purposes, or (ii) for the sale of food or merchandise with a valid vending
permit.
X. To participate in, host or organize an activity or event with more than 10 people that is
not open to the public without written permission from the community services
department. Evidence of such permission shall be carried by the host or organizer at all
times while within a city park or facility during the time of the event or activity.
Y. To use a city sports court or sports field between the hours of 10:30 p.m. and 8:00 a.m.
No use of sports courts or sports fields is permitted after dark when no permanent lighting
is present.
Section 3. Enacted. Section 9.62.050 of the Rohnert Park Municipal Code is hereby
enacted to read in its entirety as follows:
9.62.050—Issuance of Vending and Commercial Use Permits.
A. Vending Permit Issuance. Vending permits shall be issued by the director of the
community services department upon payment of a permit fee established by resolution of the
city council, but shall not be issued to allow vending in areas where a concessionaire has an
agreement with the City for exclusive vending rights. The director of the community services
department may condition the issuance of such permit on the vendor possessing a valid
California Department of Tax and Fee Administration seller's permit, a city-issued business
license, and if selling food, any applicable permits required by the Sonoma County
Environmental Health and Safety Public Health Division. The director may impose as permit
conditions limitations on business hours that are not unduly restrictive, requirements to maintain
3
Ordinance No.934
sanitary conditions, requirements to ensure compliance with disability access standards, and
conditions limiting the use of vending carts to paved surfaces within the park.
B. Issuance of Commercial Use Permit. Commercial use permits are issued at the
discretion of the director of the community services department. A commercial use permit may
be issued for a temporary commercial use or activity if applicant pays the commercial use permit
fee, established by resolution of the City Council, and agrees to defend, indemnify, and hold
harmless the city and its City Council, officers, employees, agents and volunteers for claims
arising out of the permitted activities, and provides proof of adequate insurance with limits and
policy form satisfactory to the director of the community services department, and that the
permittee causes such policy to cover the City of Rohnert Park, its City Council, officers,
employees, agents and volunteers as additional insured parties. The director shall designate in
the permit the area of the park or facility in which the commercial use or activity may be
conducted.
Section 4. Amended. Section 6.14.010.0 of the Rohnert Park Municipal Code is
amended read in its entirety as follows:
C. The restraint requirements provide in this section shall not apply to service or
assistance dog; a dog participating in field or obedience trials or an obedience training class;
animal exhibitions; or a dog assisting a public safety officer engaged in in law enforcement
duties.
Section 5. Amended. Section 6.14.030 of the Rohnert Park Municipal Code is
amended read in its entirety as follows:
Dogs are prohibited in public parks and playground areas unless such dogs are under physical
restraint by a person capable of controlling the dog by means of a leash. This provision shall
not apply to any area specifically designated as a dog park or off leash exercise area, or to
dogs in an obedience training class operating pursuant to a permit issued by the community
services department and within the designated area identified in such permit.
Section 6. Environmental Review. The City Council finds that adoption of this
ordinance is not a project within the meaning of section 15378 of the Guidelines for
Implementation of the California Environmental Quality Act("CEQA Guidelines") because it
has no potential for resulting in physical change in the environment, either directly or ultimately.
The City Council also finds the approval of this ordinance is exempt under Section 15061(b)(3)
of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this ordinance may have a significant effect on the environment.
Section 7. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
4
Ordinance No. 934
Section 8. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 9. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on May 28, 2019 and adopted by the Council of the City of
Rohnert Park on June 11, 2019, by the following roll call vote:
AYES: C1Ui1f1Ci I n'1 A1IRr5 l ifd hn5, NI,GlcwA L, S-hnff a-L( , 0011 i nov1 l May 0r be if-w
NOES: Nbf1Q,
ABSENT: KIOa
ABSTAIN: oone„
CITY OF '0 RT PARK
glairA v '
Gina tip fo I Mayor
r Irit 0
vorjA
Anne M. Buer g ler� CitClerk
APPROVED A TO FORM:
elle Marchetta Kenyon, City Attorney
5
Ordinance No.934
AFFIDAVIT OF POSTING
Pursuant to California Govemment Code $ 36933 and $ 40806
Pursuantto Rohneft Pafu MunicipalCode 1.08.010
STATE OF CALIFORNIA
County of Sonoma
l, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No.934
Summary o¡ g¡glinaDce /Vo. 934 AttenCling Rsþnert Pafk Municjpal Code Secûons
6.14.010, 6.14.030, And 9.62.10, and adding /Vew Secfion 9.62.050, to lmpose Permit
Requirements for Commercial Uses of City Parks and Recreational Facilities,
Regulate other Non-Public Uses within Parks, Change Court Hours, and Modify Dog
Restraint Requirements for Obedience Training Classes was published on 513112019
and 06/1412019, as required by law, and posted in five (5) public places in said City, to:
www.rpcitv.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 513112019 and 0611412019.
Summary of Ordinance /Vo. 934was published in the Community Voice on 513112019 and
0611412019 as required by law.
ss
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Subscribed and sworn to before me this July 1't, 2019
Sylvia Lopez Cuevas, Assistant City Clerk
I
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 934
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter swolrt, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a ne\¡/spaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspâper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Cou¡t of the
State of Califomia, in and for the County of Sonoma, Department No. I thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the ente¡tainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park, Summary
of Ordinance No. 934" of which the annexed is a printed copy, was published in said newspaper at least -l consecutive time(s),
commencing on the 1 4 day of June, 2019 and ending on the l4 day of June, 201 9.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the loregoing is true and correct.
EXECUTED this 14 day of June, 2019 at Rohnert Park, California.
Signed
(ù',,,
Claudia Smith Chief Clerk
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