Summary of an Ordinance

9/14/2011

 

 
 
The Bear Valley Community Services District Board of Directors unanimously approved the Ordinance 11-236 revising the district code language to include all district facilities rather than only park and recreation facilities. (Vote: Ayes: Zanutto, Romano, Mason, Morgan, Shea). It disallows the posting of political signs in the gate area and clarifies the policy regarding soliciting/peddling within the district. It also changes the language regarding dog handling/leash law issues due to the recent construction of a community dog park.
 
The ordinance was introduced for its first reading at a regular meeting of the Board of Directors held on August 11, 2011. The second reading for adoption of the ordinance was held at a regular meeting of the Board of Directors on September 9, 2011. 
 
Copies of the ordinance are available at the District’s office located at 28999 South Lower Valley Road, Tehachapi, California, or you may call (661) 821-4428 during normal business hours. It is also posted on the District’s website at www.bvcsd.com.
 
Sandy Janzen, Assistant General Manager and Secretary to the Board of Directors of the Bear Valley Community Services District
 
 
 
ORDINANCE NO. 11-236  
 
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE BEAR VALLEY COMMUNITY SERVICES DISTRICT
AMENDING SECTIONS 3-2-1; 6-2; AND 6-3 OF THE BEAR VALLEY CSD MUNICIPAL CODE AS IT AFFECTS ANIMAL CONTROL, SIGNAGE,
AND DISTRICT FACILITIES AND AREAS
 
            WHEREAS, Sections 3-2-1 and 6-3-5b of the district code provide inconsistent wording concerning restraint of domestic animals; and
 
            WHEREAS, a dog park has been constructed necessitating changes to the code regarding restraint of domestic animals; and
 
            WHEREAS, the Board of Directors desires to disallow the posting of political signage on district property; and
 
            WHEREAS, the Board desires to expand the control of District Code Chapter 6-3 to include all district facilities and areas rather than only parks and recreation areas; and
 
            WHEREAS, the Board has determined that the present wording of District Code Section 6-3-7 is ambiguous as it pertains to political campaigning; and
 
            WHEREAS, the Board desires to amend the District Code to correct the aforementioned issues;
           
            NOW, THEREFORE, the Board of Directors does ordain as follows:
 
Section 1. Section 3-2-1, 6-2 and 6-3 of the Bear Valley Community Services District Ordinance Code are hereby amended as follows:
3-2-1: DOGS RUNNING AT LARGE; IMPOUNDMENT:
A. Running At Large: No person owning or maintaining a dog shall allow such animal to wander free on the private property of another person or on district property, including recreational facilities and common areas except in designated dog parks. A dog which is restrained by an appropriate leash, not to exceed ten feet (10') in length, by its owner or handler and under the immediate (physical) control thereof, shall not be considered wandering at large.
B. Authority of Kern County Animal Control Director:
1. The Kern County animal control director or his/her designee (hereinafter "director") is authorized to impound any and all animals which are kept, maintained or found at large in violation of the provisions of this chapter and otherwise enforce all statutes, regulations and ordinances within the district.
2. The director shall be vested with the authority to administer this chapter and chapter 7.08 of the Kern County ordinance code, as may be amended from time to time. In the course of these duties, the director shall have the authority to interpret the provisions of this chapter. Where there is a question as to the meaning or the intent of any requirement of this chapter, the director shall provide the necessary interpretation.
C. Cooperation of Police Department: The district police department may cooperate and assist the Kern County animal control services in impounding any dog found wandering at large in the district. (Ord. 09-230, 1-8-2009)
 
6-2-1: PURPOSE:
The purpose of this chapter is to establish the policies for the placement of signs on district property. (Ord. 97-131, 6-14-1997)
6-2-2: DEFINITION OF SIGN:
A.   "Sign" is defined in section 1-3-2 of this code.
 
B.    "Sign", as used in this chapter, shall not include:
 
1. Official notices issued by a court or public body or officers.
 
2. Notices posted by any public officer in performance of a public duty, or by any person in giving legal notice.
 
3. Directional, warning, or information signs or structures required or authorized by law or by Federal, State, County or District authority. (Ord. 2009-232, 8-13-2009)
6-2-3: PROHIBITION OF SIGNS ON DISTRICT PROPERTY:
It is the policy of the district that no organization or person shall place or maintain or cause to be placed or maintained any sign on any district property. (Ord. 2009-232, 8-13-2009)
 
6-3-1: FACILITIES USE; GENERAL:
The use of district-owned facilities and areas (including recreational or other community facilities) is limited to persons who own property within the district and their families, invitees, guest tenants, employees and agents. (Ord. 09-230, 1-8-2009)
6-3-2:                   DAMAGE PROHIBITED:
A.   Prohibition: It shall be unlawful for any person in any public park and recreation areas) to pick or damage any flowers, foliage, or to break, dig up, or in an way mutilate or damage any tree, shrub, plant, grass, railing, wall, seat, fence, or other structure or to cut, carve, write, paint, or otherwise make any mark thereon or to fasten to any tree, stone, fence, wall, monument, or other structure any sign, notice, advertisement or other inscription. No person shall dig up or remove any dirt, stones, rock, material or make any excavation, lay or set off any blast or otherwise alter the natural features of any public area (including parks and recreation areas) without the specific permission of the district or its designee.
 
B.    Responsibility For Damage; Assessment Of Charges: Any damage done to district facilities, park or recreation areas, (including any buildings thereof); shall be the responsibility of the individual, and the district or its designee may assess appropriate charges. (Ord. 09-230, 1-8-2009)
 
6-3-3:          LITTERING, WATER CONTAMINATION: It shall be unlawful for any person within any district area to:
 
A.   Litter: Deposit, place, throw, or in any manner dispose of any rubbish, trash, garbage, can, bottle, glass, paper or any decaying or putrid matter except in containers provided for such purposes.
 
B.    Water Contamination: Contaminate in any way any watershed, lake, stream or other water supply. It shall be unlawful to wash any clothing or cooking utensils in such waters.
 
C.    Interference With Utilities: Open, expose, or interfere with any water or gas pipe, hydrant, stopcock, sewer basin, or other construction. (Ord. 09-230, 1-8-2009)
 
6-3-4: FIRES, FIREARMS, FIREWORKS: It shall be unlawful for any person within any district area to:
A.   Fires: Light any fire except in places specifically provided therefore. All dead wood, moss, dry leaves, chips or other combustible materials which may have gathered around any place provided for fires shall be carefully removed before lighting any fire. Only charcoal briquettes may be used as fuel for the fires in barbecues. Wood fires may be approved by the BVSA general manager or his designee. There shall be no unattended fires, and all fires must be extinguished when not attended. When the fire is no longer needed, it shall be completely extinguished with water.
 
B.    Fireworks: Possess or use any fireworks of any kind whatsoever except for a public display pursuant to a permit therefore.
 
C.    Firearms:
 
1. Possess any firearm or discharge such firearm within, into, or across such park or recreation area; provided, that this provision shall not apply to any peace officer or concessionaire in the lawful discharge of his duty (nor to any individual lawfully carrying a permitted firearm) except as permitted at a firing range as set forth in section 6-3-20 of this chapter.
 
2. Discharge a firearm within the district except as provided in this section.
 
Exceptions: Firearms may be discharged within the district's boundaries under the following circumstances:
 
a. By members of the police department or other law enforcement agencies in the performance of their duties.
 
b. By authorized persons utilizing the Bear Valley trap range, rifle range or pistol range.
 
c. On private property within the district by the owner of the property or by a person with permission of the owner of the property in such a manner as to otherwise be in compliance with the laws of Kern County and the state of California.
 
d. On public property, including the common areas within the district, by concessionaires or other persons who have been issued a permit by the district. (Ord. 09-230, 1-8-2009)
 
6-3-5:          ANIMALS: It shall be unlawful for any person within any district area, park                            or common areas, to do any of the following:
 
A.   Wild Animals: Kill, wound, chase, or capture any wild bird or animal; provided, however, that this provision shall not apply to the duly authorized agents of the district or its designee in the necessary control of birds or animals.
 
B.    Domestic Animal Control: Permit any dog, cat, fowl, or other domestic animal under his/her control to enter within a district area (including parks or recreation areas); provided, however, that this provision shall not apply to domestic animals restrained by an appropriate leash or bridle, not to exceed ten feet (10') in length, and under the immediate physical control of the person in possession; nor shall it apply to domestic animals carried by the person in possession; nor shall it apply to dogs within the confines of a designated dog park; nor shall it apply to any horse in areas specifically marked in the equestrian center and along the equestrian trails; nor shall it apply to any domestic animal when specific permission has been granted by the district or its designee. All individuals shall clean up after their dog, cat, fowl, or other domestic animal, with the exception of a horse in areas specifically marked in the equestrian center and along the equestrian trails.
 
C.    Areas Prohibited: Permit any animal, whether on a leash or not, to be in a district area (including parks or recreation areas) with signs posted prohibiting animals, including, but not limited to, the swimming pool area, tennis courts, or any lakes or ponds. (Ord. 09-230, 1-8-2009)
 
6-3-6: MOTOR VEHICLES: It shall be unlawful for any person within any park or recreation area to operate an automobile, motorcycle, or other vehicle in excess of posted speed limits or into any area where signs prohibiting the same have been placed. (Ord. 09-230)
6-3-7: SOLICITING, PEDDLING: It shall be unlawful for any person on district property to solicit money or other things of value, or solicit, sell or peddle goods or services, without the written permission of the general manager. (Ord. 9-230, 1-8-2009)
6-3-8: DISTURBING THE PEACE: It shall be unlawful for any person within any district area (including parks or recreation areas) to indulge in riotous, boisterous, threatening, indecent or immoral conduct, or abusive, threatening, profane language, or to throw stones or other missiles. Radios, television sets, record or tape players must be kept at a volume that will not disturb others. Motorcycles must be equipped with working mufflers and spark arresters and operated in a manner that avoids creating a disturbance and a nuisance to others. (Ord. 09-230, 1-8-2009)
6-3-9: HOURS RESTRICTED: It shall be unlawful for any person within any park or recreation area to remain, stay, or loiter, in any public park between the hours of ten thirty o'clock (10:30) P.M. and five o'clock (5:00) A.M. of the following day, without written permission of the district or its designee, except as set forth in subsection 6-3-18F of this chapter, for the purpose of fishing or section 6-3-11 of this chapter for the purpose of camping. (Ord. 09-230, 1-8-2009)
6-3-10: SKATEBOARDS, ROLLER SKATES: 
A.   Skateboard Defined: "Skateboard" shall mean any vehicle, device or conveyance with any number of wheels, with a riding surface of any design upon which a person may place one or more feet, and which is designed to be or can be propelled by human power, and which is not classified as a bicycle.
 
B.    Prohibition: It shall be unlawful for any person within any district areas (including parks or recreation areas) to ride a skateboard or metal-wheeled roller skates. (Ord. 09-230, 1-8-2009)
6-3-11: CAMPING:
A.   Permit Required: It shall be unlawful for any person to camp within any district areas (including parks or recreation areas) without having first secured a written permit therefore from the district or its designee and no person shall camp outside of a camp site or site designated in such permit. Admission to campsites requires a permit, which must be displayed at all times at the campsite.
 
B.    Camping Prohibited: No camping is permitted on any of the islands of Four Island Lake. Access to the islands is prohibited during the duck nesting season (January 1 through the Thursday before Memorial Day). (Ord. 09-230, 1-8-2009)
6-3-12: FIREWOOD: It shall be unlawful to cut or gather firewood without a written permit from the general manager within the common areas. (Ord. 09-230, 1-8-2009)
6-3-13: ALCOHOLIC BEVERAGES AND DRUGS:
A.   Being Under The Influence Of Alcohol Or Drugs: It shall be unlawful to be under the influence of any alcoholic beverage or illegal drugs in all district areas (including parks and recreation areas).
 
B.    Permit Required For Open Container, Consumption: It is unlawful for any person to consume alcoholic beverages or possess any open container containing alcoholic beverages on any district parking lot or at the community center (Whiting Center) buildings and grounds unless a permit to do so is first obtained from the district. As used herein, the term alcoholic beverage has the same meaning as set forth in California Business and Professions Code section 23004.
 
C.    Application For Permit: Any person desiring to obtain a permit as set forth herein shall make application to the district by providing such information as may from time to time be required by the district manager.
 
D.   Permit Issuance: Any permit issued pursuant to this section shall be conditioned upon the permittee's compliance with all applicable, local, state and federal laws. (Ord. 09-230, 1-8-2009)
6-3-14: MODEL BOATS, PLANES: Model boats and floatplanes powered by electric motors or by wind shall be allowed without restriction on Cub Lake and Four Island Lake. Models powered by piston engines shall be allowed with the permission of the district or its designee. Model rockets employing any kind of combustible propulsion are not permitted. (Ord. 09-230, 1-8-2009)
6-3-15: EQUESTRIAN TRAILS:
A.   Prohibited Acts: It shall be unlawful for any person along or within the equestrian trails to do any of the following:
 
1. To operate a motorized vehicle or ride a bicycle.
 
2. To smoke along the equestrian trail at any time.
 
3. To race horses at any time.
 
4. To dispose of garbage, trash, manure (other than that generated in the normal use of the trails) or other debris along any equestrian trail.
 
B.    Obey Signs: All riders shall obey all signs along all trails.
 
C.    Control Of Horses: All riders shall have their horses under control at all times and proceed at a safe gait. (Ord. 09-230, 1-8-2009)
6-3-16: BOATING REQUIREMENTS AND RESTRICTIONS:
A.   Endanger Lake Or Impoundment: No person shall operate or maintain a boat, raft or similar flotation device in such a way as to endanger the structural integrity of any artificial lake or impoundment constructed, owned, operated, or maintained by the district.
 
B.    Boat Operation: No person shall operate a motor-driven boat upon any impoundment owned or operated by the district except as provided in this section.
 
C.    Cub Lake: It shall be unlawful to swim or operate a boat at Cub Lake.
 
D.   Four Island Lake:
 
1. Restrictions: It shall be unlawful to operate any boat on Four Island Lake, except for sailboats, canoes, catamarans, kayaks, paddleboats, inflatable rafts, and row boats. The maximum length of any boat shall be fourteen feet (14'). Sailboats, within the dock area with no one aboard, shall have all sails lowered and secured.
 
2. Permit Required: No power boats shall be permitted on Four Island Lake without a permit obtained from the district or its designee. Electric boats may be on Four Island Lake without a permit, if the boat has a motor with power not in excess of five (5) horsepower or forty five (45) pounds’ thrust.
 
E.    Insurance: All boat owners shall carry liability insurance during any boating activity, at his own cost and expense, in an amount of not less than one hundred thousand dollars ($100,000.00), approved by the district or its designee. Said insurance shall be issued by companies authorized to transact insurance business in the state.
 
F.    Life Preservers: All boats shall be equipped with a life preserver approved by the United States Coast Guard for each person aboard. All persons must wear a life preserver at all times while participating in any boating activity.
 
G.   Reckless Driving: No person shall operate any boat in a reckless manner or under the influence of drugs or alcohol. (Ord. 09-230, 1-8-2009)
6-3-17: SWIMMING, SKATING, DIVING IN OR ON DISTRICT LAKES:
A.   Swimming: Swimming is permitted only in the designated area of Four Island Lake. Boating is prohibited in that area.
 
B.    Skin Diving, Ice Skating: In/on all lakes, it shall be unlawful to scuba dive, skin dive or ice skate. (Ord. 09-230, 1-8-2009)
6-3-18: FISHING:
A.   Rules, Regulations: All fishing rules and regulations shall be observed at all times.
 
B.    Permits: All members of the association shall be deemed to have fishing permits, and guests of any members of the association shall be required to obtain permits as follows at all lakes:
 
1. Before fishing, a fishing permit issued by the district or its designee shall be secured and carried while fishing by all guests of members of the association.
 
2. Single day fishing permits shall be purchased at the Whiting Center.
 
C.    Live Bait: It shall be unlawful to use or possess live bait or kernel corn while fishing. Absolutely no netting of live fish is allowed.
 
D.   Pole Requirements: A person fishing shall use one pole only, with not over two (2) hooks per pole. All poles must be attended. Trot lines and chumming are prohibited.
 
E.    Limits: Catch limits per day, per person are:
 
Bass                                             5
Bluegill                                        No limit
Catfish                                         5
Crappie                                        5
Red ear sunfish                            5
Trout                                            3
 
F.    Hours: Fishing hours are:
 
1. Cub Lake: To start not earlier than two (2) hours before sunrise and to end not later than two (2) hours after sunset.
 
2. Four Island Lake: To start not earlier than one-half (1/2) hour before sunrise and end not later than one-half (1/2) hour after sunset.
 
G.   Prohibited Locations: Fishing is prohibited at all locations adjacent to the golf course that are in line with any ball driven from the golf course. (Ord. 09-230, 1-8-2009)
6-3-19: TENNIS COURTS: The tennis courts are for tennis play only. All other activities are prohibited. It shall be unlawful for any person to bring, or to possess or consume any alcoholic beverage or illegal drug, within the tennis court areas. Skates, skateboards, rollerblades, bicycles, and similar equipment are prohibited on the tennis courts. Appropriate footwear shall be worn on the tennis courts at all times. Appropriate footwear shall not include any footwear that leaves any marks on the tennis courts. Radios, television sets and cassette players or similar devices are prohibited in the tennis court area including the adjacent gazebo (pavilion) if they are audible to the general public. Use of the tennis court pavilion for private parties must be approved by the BVSA. No grills or barbecues are permitted on the tennis pavilion deck. (Ord. 09-230,1-8-2009)
6-3-20: FIRING RANGE: The following rules and regulations shall apply on all firing ranges owned and operated by the district or its designee:
 
A.   Firearm Restrictions: All firearms and bow and arrows are classified as lethal weapons and it is unlawful for any person to aim any firearm or bow and arrow at another person or any animal, wild or domestic, at any time. "Firearm" means any device, designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion. The term "firearm" also shall include any rocket, rocket propelled projectile compressed air launcher, or similar device containing any explosive or incendiary material.
 
B.    Ammunition Restrictions: It shall be unlawful for any person to use tracer ammunition.
 
C.    Automatic Or Assault Weapons: It shall be unlawful for any person (except for official police officer department training) to use any fully automatic weapon or assault weapon on the firing range at any time. "Assault weapon" shall be defined as set forth in California Penal Code section 12276 and weapons prohibited by federal law.
 
D.   Alcohol Or Drugs: It shall be unlawful for any person to bring, or to possess or consume any alcoholic beverage or illegal drug, within the rifle, or trap ranges and a thirty foot (30') border thereof.
 
E.    Enforcement: In order to promote the safety of persons using the firing ranges, the range master is designated the chief law enforcement official of this section, and shall have the responsibility to ensure the safe operation of the firing ranges. All individuals shall respect and obey the instructions of the range master, and may be removed from any firing range by the range master for failure to comply with any ordinance, resolution, policy of the district, or instruction of the range master.
 
F.    Police Officers: Notwithstanding any other provision of this section, sworn police officers employed by the Bear Valley Community Services District shall not be limited as to the type of weaponry or ammunition used at the rifle range in the course of their official duties, including, but not limited to, training and certification programs. (Ord. 09-230, 1-8-2009)
6-3-21: LIABILITY OF PARENTS FOR WILLFUL MISCONDUCT OF MINOR(S):
A.   Liability For Damage: Any act of willful misconduct by a minor which results in injury or death to another person or in any injury to the district's or association's property shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for all damages resulting from the willful misconduct.
 
B.    Amount Of Liability: The joint and several liability of the parent or guardian having custody and control of a minor under this section shall not exceed the amount specified in section 1714.1 of the California Civil Code for each tort of the minor, and in the case of an injury to a person, imputed liability shall be further limited to medical, dental and hospital expenses incurred by the injured person, not to exceed the amount specified in section 1714.1 of the California Civil Code. The liability imposed by this section is in addition to any liability now imposed by law. (Ord. 09-230, 1-8-2009)
6-3-22: DEFACEMENT OF PROPERTY WITH PAINT: Any act of willful misconduct by a minor which results in the defacement of district or association property with paint or a similar substance shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs and attorney fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed the amount specified in section 1714.1 of the California Civil Code for each tort by the minor. (09-230, 1-8-2009)
6-3-23: LAW ENFORCEMENT OFFICER: The chief law enforcement official of this chapter shall be the chief of police or his designees of the district. The chief of police shall assist the range master in the enforcement of section 6-3-20 of this chapter. (Ord. 09-230, 1-8-2009)
6-3-24: PENALTY: Any person violating any of the provisions of this chapter or willfully and knowingly refusing to comply with the rules, regulations, and determinations of the district shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished according to section 1-4-1 of this code. (Ord. 09-230, 1-8-2009)
Section 2.        SAVINGS CLAUSE: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Section. The Board of Directors hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, phrase, or any portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions are declared invalid or unconstitutional.
 
Section 3.        POSTING OF ORDINANCE: A summary of this ordinance, approved by the District’s legal counsel and a certified copy of the full text of the proposed ordinance was posted in the office of the Secretary of the Board of Directors at least five (5) days prior to the Board of Directors meeting at which the proposed ordinance was to be adopted.    A copy of the full text of this ordinance shall be on file in the Office of Secretary to the Board of Directors office on and after the date following introduction and passage and shall be available to any interested member of the public.
 
Section 4.        EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, a summary shall be published once with the names of the members voting for and against the same in the Tehachapi News, a newspaper of general circulation published in the County of Kern.   
 
 
********
           
I hereby certify that the foregoing ordinance was introduced at a regular meeting of the Board of Directors held on August 11, 2011, and PASSED and ADOPTED by the Board of Directors of the Bear Valley Community Services District, at a regular meeting held on September 8, 2011, by the following roll call vote:
 
            AYES:                        ZANUTTO, ROMANO, MASON, MORGAN, SHEA                  
 
            NOES:                        NONE
 
            ABSENT:       NONE
 
            ABSTAIN:     NONE
 
 
                                                            _________________________________
                                                            Rick Zanutto, Acting President
                                                            Bear Valley Community Services District
 
ATTEST:
 
 
______________________________________
Sandy Janzen, Assistant General Manager
Secretary to the Board of Directors
 
 
 

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