5842ORDINANCE NO. 5842
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTIONS .010 AND X020 OF SECTION 13.080.020
RELATING TO PROHIBITED CONDUCT WITHIN PARKS AND ADDING
SECTION 13.08.120 TO CHAPTER 13.08 OF TITLE 13 OF THE
ANAHEIM MUNICIPAL CODE ESTABLISHING A UNIFORM POLICY
FOR USE OF BICYCLES WITHIN SPECIAL USE PARKS
WHEREAS, certain park facilities within the City of Anaheim,
such as Deer Canyon Park, are links and trailheads within the
Orange County EMA Harbors, Beaches and Parks Master Plan of Trail
Systems; and
WHEREAS, such links and trailheads will be managed by the
City of Anaheim as "Special Use Parks" to meet the needs of
equestrians, pedestrians (walkers, hikers and joggers) and bikers
(non -motorized); and
WHEREAS, the City of Anaheim wishes to except from
prohibited conduct within Special Use Parks certain equestrian
and non -motorized bicycle activities; and
WHEREAS, the City of Anaheim wishes to establish a uniform
policy for the recreational use of the trails within such Special
Use Parks for equestrians and non -motorized bicycles consistent
with the Mountain Bicycle Operation established in Orange County
wilderness and natural parks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That subsections .010 and .020 of Section
13.08.020 (Prohibited Conduct Generally) of Chapter 13.08 of
Title 13 of the Anaheim Municipal Code are hereby amended to read
as follows:
1113.08.020 PROHIBITED CONDUCT GENERALLY
"Within the limits of any of said parks, it shall
be unlawful for any person or persons to do any of the
acts hereinafter specified, to wit:
".010 To hitch, fasten, lead, drive or let loose any
animal or fowl of any kind, provided that this shall
not apply to dogs held on a leash or other restraint,
not more than six feet long, nor to any horse when
hitched, fastened or led within any City of Anaheim
park that links with the County of Orange EMA Harbors,
Beaches and Parks Master Plan of Trail Systems
("Special Use Parks").
"x.020 To ride or drive any horse or other animal, or to
propel any vehicle, cycle or automobile; except that
such prohibition shall not apply to equestrians and
bicyclists (non -motorized) in Special Use Parks.
.030 Any violation of this section shall be punishable
as an infraction."
SECTION 2. That Section 13.08.120 is hereby added to
Chapter 13.08, of Title 13 of the Anaheim Municipal Code to read
as follows:
1%13.08.120 Bicycle Uses in Special Use Parks
The rules and regulations hereinafter prescribed shall
govern bicycle (non -motorized) operations within
Special Use Parks, as defined in subsection .010 of
Section 13.08.020. With the exception of use by police
and park rangers, bicycles are not allowed in any other
park within the City of Anaheim.
.010 Rules and Regulations for Bicycle Use
0101 Motorized bicycles are prohibited.
.0102 Operation of bicycles is restricted
to paved and unpaved roads with a
minimum width of eight (8) feet.
.0103 Specific facility paved and unpaved
roads may be excluded from use for
bicycles by written determination
of the Director of Community
Services, or his or her designee.
Such determinations will be based
upon public safety and the
potential impact on natural
resources. Such prohibition shall
be effective upon the posting of
signs at or near each entrance to
such road specifying that bicycles
are prohibited therefrom.
.0104 Bicycles shall be operated at a
safe speed and in a reasonable
manner.
2
.0105 Bicyclists must yield the right of
way to pedestrians (walkers, hikers
and/or joggers) and equestrians.
.0106 Bicycles are permitted on
designated roads and trails only.
0107 Bicycles are prohibited in
designated "closed" areas.
.0108 Bicycle -designated roads and trails
will be posted at each park.
.0109 Operation of bicycles is prohibited
during wet, muddy conditions.
.0110 Trail and road closures are to be
determined by the Director of
Community Services, or his or her
designee.
.0111 Exceptions to any of the
restrictions require the approval
of the Director of Community
Services, or his or her designee."
.020 Violation of any rule or regulation specified in
this Section shall be punishable as an infraction.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that
should any section, paragraph, sentence or word of this ordinance
of the Code, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any
other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as
3
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the
requirements of this ordinance. Except as otherwise expressly
provided herein, any person, firm or corporation violating any
provision of this ordinance or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding One
Thousand Dollars ($1,000.00) or by imprisonment not exceeding six
(6) months, or by both such fine and imprisonment. Each such
person, firm or corporation shall be deemed guilty of a separate
offense for each day during any portion of which any violation of
any of the provisions of this ordinance is committed, continued
or permitted by such person, firm or corporation, and shall be
punishable therefor as provided for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 5th y 2002.
Owlt
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MAtOT O THE CITY OF 9
AHEIM
ATTEST:
-I
C-I
TY CLE K O THE CITY OF ANAHEIM
44290.2
F.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5842 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 29th day of October, 2002, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 5th day of November, 2002, by the following
vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
&"o 2jt���
ITY CLE O THE CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
1 am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
.Anaheim, County of Orange, State of
California; that the notice, of which the annexed
is a true printed copy, has been published in each
regular and entire issue of said newspaper and
not in any supplement thereof on
the following datesto wit:
_ — November 14, 2002
"[ certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: November 14, 2002
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PREGEMD
This space is for the 6natltVV9 Vin4mank 4 1
su
CITE` OF A!`A. _!
IlW 8842
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTIONS .010 AND .020 OF SECTION 13.080.020 RE-
LATING TO PROHIBITED CONDUCT VVITHN PAW, f3 AND
ADDING �ry ON 13.09,120 TO CH/tpT�p 13.68 TITLE 13
OF THE ANAHEIM MUNICIPAL CODE ESTABYUJNG A
UNIFORM POLICY FOR USE OF BICYCLES SPE-
CIAL USE PARKS
nee created a
Use Perks. Si
activities
section
order to ac-
noninobrized
use of the hails within such Specist We Parks for equ estri-
an and on-motorined �p�yycc consistent with the Mountain
Bicycle Operations estelil�slhed in the Orange County wilder-
ness and natural parks.
I, Sheryl[ Schroeder, City Clerk of the City of Anaheim, do
hereby c that the foregoing is a summary of Ordtnance
er 5842 wh ch ordinance was iMraduwd at a reg filer meet-
No
the City Council of the City of Anaheim on tfia 20th
day of October, 2002 and was duly passed and adopted at
a regular meeting of said Council on the 5th day of Novem-
ber, 2002 by the following roll call vote of the members
thereof:
OYES: Mayor Daly, Council Members: Feldhaus, Kring,
McCracken, Tait
4GES: None
kBSENT: None
rhe above summary is a brief description of the subject met•
er contained in the text of Ordinance No, 5842, which has
;een prepared pursuant to Section 512 of the Charter of the
itX o Anaheim. This summery does not include or de=
;cobs every provision of the ordinance and should not be
elied on as a substitute for the full text of the ordinance.
"o obtain a copy of the full text of the ordinance, please con !
act the Office of the City Clerk, (714) 765-5165, between
1:00 AM and 5:00 PM, Monday through Friday. There is no
:harge for the copy.
'Vhl' had: Anaheim BuNetin
l _ ' _ bed 1, 2(08 - t ., 25-2226 5466T1Q A _