BEFORE THE CITY COUNCIL OF THE CITY OF FORT BRAGG
AN ORDINANCE REPEALING AND REPLACING CHAPTER 9.68 (PRESERVATION OF PARKS) OF TITLE 9 (PUBLIC PEACE, SAFETY AND MORALS) OF THE FORT BRAGG MUNICIPAL CODEAN ORDINANCE REPEALING AND REPLACING CHAPTER 9.68 (PRESERVATION OF PARKS) OF TITLE 9 (PUBLIC PEACE, SAFETY AND MORALS) OF THE FORT BRAGG MUNICIPAL CODEORDINANCE NO. XXX-2026 AN ORDINANCE REPEALING AND REPLACING CHAPTER 9.68 (PRESERVATION OF PARKS) OF TITLE 9 (PUBLIC PEACE, SAFETY AND MORALS) OF THE FORT BRAGG MUNICIPAL CODE AN ORDINANCE REPEALING AND REPLACING CHAPTER 9.68 (PRESERVATION OF PARKS) OF TITLE 9 (PUBLIC PEACE, SAFETY AND MORALS) OF THE FORT BRAGG MUNICIPAL CODE WHEREAS, the City currently has regulations governing rules of use and conduct in City parks in the City limits; and WHEREAS, the City's existing regulations governing rules of use and conduct in City parks within the City limits do regulate e-bikes, drones, or other recreational electrical and mechanical equipment; and WHEREAS, the City's existing regulations governing rules of use and conduct in City parks within the City limits do regulate the speed of cyclists; and WHEREAS, the City Council of the City of Fort Bragg ("City Council") has determined that the use of class 1 and class 2 e-bikes for recreational purposes in City parks is consistent with park recreational use; and WHEREAS, the City Council has determined that the use of drones, gliders, and other flying machines in not compatible with the recreational and habitat values of City Parks; and WHEREAS, the City Council has determined that the use of electric or motorized skateboards, electric or motorize scooters, hoverboards, and Class 3 Electric bicycles are not suitable for for recreational purposes in City parks and are not consistent with park recreational use on the Fort Bragg Coastal Trail;.
NOW, THEREFORE, the City Council ordains as follows:
Section 1. Legislative Findings. The City Council hereby finds as follows:
Allowing the recreational use of class 1 and class 2 e-bikes for recreational purposes is consistent with the recreational goals of parks; Setting a maximum 15 MPH speed limit for cyclists and e-bikes is consistent with the recreational goals of parks; Prohibiting the use of motorized skateboards, electric or motorize scooters, hoverboards, and Class 3 Electric bicycles and drones, gliders, and other flying machines is consistent with the recreational goals of parks; There is no possibility that the adoption of this ordinance will have a significant impact on the environment, and therefore, the adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Section 15061(b)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). 1 Section 2. Chapter 9.68 of Title 9 of the Fort Bragg Municipal Code entitled Preservation of Parks is hereby replaced in its entirety as follows:
CHAPTER 9.68
PRESERVATION OF PARKS
Section
9.68.010 Purpose and intent
9.68.020 Definitions
9.68.030 Parks – Generally
9.68.040 Park hours – Generally
9.68.050 Wiggly Giggly Playground rules
9.68.060 Exceptions
9.68.070 Penalty for violation
9.68.010 PURPOSE AND INTENT.
It is the purpose and intent of this chapter to regulate the activities in public parks: (A) to promote the health, safety, morals, and general welfare of park users; and (B) to protect the natural resources and the public improvements of City parks.
9.68.020 DEFINITIONS.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD). A self-balancing, nontandem, 2-wheeled vehicle with a low-powered electric motor.
SEGWAY AND SEGWAY-LIKE EPAMD. A self-balancing, nontandem, 2-wheeled EPAMD with handlebars, that can turn in place, is designed to transport only 1 person, with an electric propulsion system averaging less than 750 watts (1 horsepower), and a maximum speed of no more than 12 miles per hour.
E-BIKE. An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. (1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour. (2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. (3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.
9.68.030 PARKS – GENERALLY.
In order to promote and protect public health and welfare and provide for the general safety of the users of City parks, the following rules shall apply:
A. Motorized vehicles of any kind or nature shall be prohibited from accessing any portion of a park (other than parking lots and/or access roads), except for the following: emergency vehicles; vehicles of the City and its duly authorized representatives or agents; strollers and similar children’s carriages; wheelchairs; Class 1 and Class 2 e-bikes, and vehicles whose owners have first obtained a permit from the Director of Public Works for temporary access for activities as may be approved by the City.
B. Notwithstanding the above, Segways and Segway-like vehicles (a type of electric personal assistive mobility device or EPAMD) are permitted on developed trails within City parks. All Segway use in City parks shall comply with California Vehicle Code §§ 21281 and 21281.5. Commercial group tours of EPAMDs shall be allowed only through a concessionaire agreement between the tour operator and the City of Fort Bragg that, at a minimum, shall limit tours to 9 people or fewer, require the use of safety equipment, and require a tour leader. Failure to adhere to any concessionaire agreement requirements shall be grounds for termination of the concessionaire agreement and/or associated business license.
C. Vehicles shall not stop, stand, park, or be left standing in any of the designated parking lots during park closure hours listed in § 9.68.040, except that the City Manager may issue night use permits for parking in connection with organized activities.
D. Alcoholic beverages, as defined in California Business and Professions Code § 23004 (as the same may be amended from time to time) or controlled substances, as defined in California Health and Safety Code § 11007 (as the same may be amended from time to time), are not allowed within City parks except that the consumption of alcoholic beverages may be allowed when a limited term permit is secured by an applicant for a special event to be held within a City park and all other necessary permits are obtained.
E. Dogs must be kept on leash at all times. The City Council may, by resolution, designate “off leash” areas of any City park. Areas designated by City Council resolution to be “off leash” shall not be subject to this leash requirement.
F. Dog owners are required to clean up and properly dispose of excrement of their animals.
G. Overnight camping is not allowed in City parks.
H. Firearms are not allowed in City parks.
I. Barbecues and fires are not allowed in City parks except in designated areas.
J. Bicycles may only be ridden on designated bicycle trails.
K. Motorized and Class 3 e-bicycles and all motorized scooters are prohibited in all City parks.
L. Horses are not allowed in City parks.
M. Littering or disposal of household refuse is not allowed in City parks.
N. Destruction or removal of any park property is prohibited.
O. Rollerblades are permitted only on the bicycle and pedestrian trail at Pomo Bluffs Park and Noyo Headlands Park.
P. Entry into habitat protective areas is prohibited (as designated by habitat protective fencing and/or signage).
Q. Removal of beach glass is prohibited at Noyo Headlands Park.
R. The use of ropes and/or other equipment to scale the bluffs is prohibited in Pomo Bluffs Park and Noyo Headlands Park.
S. Digging and scavenging (use of metal detectors) are prohibited in parks, unless expressly authorized by the Director of Public Works.
T. Fireworks are not permitted in City parks, unless authorized as part of City-approved pyrotechnic display.
U. Smoking is prohibited in City parks.
V. Gliders, drones and other flying machines are prohibited in City parks.
9.68.040 PARK HOURS – GENERALLY.
It shall be unlawful for any person to enter, traverse, or be present in City parks from dusk to dawn the following day, except that the prohibited hours at Bainbridge Park tennis court shall be 10:00 p.m. to dawn the following day. The City Manager may issue night use permits for organized activities. For purposes of this chapter, “dusk” is defined as 1 hour after sunset and “dawn” is defined as 1 hour preceding sunrise.
9.68.050 WIGGLY GIGGLY PLAYGROUND RULES.
A. No glass containers shall be allowed within the playground area.
B. No skateboards, scooters (electric, motorized, or “push”), bicycles, rollerblades, roller skates, big wheels, unicycles, tricycles, or other wheeled forms of transportation (other than wheelchairs, strollers, and the like) shall be utilized within the playground boundaries.
9.68.050 NOYO HEADLAND PARK RULES.
A. No electric or motorized skateboards, electric or motorize scooters, no hoverboards, and no Class 3 Electric bicycles shall be utilized outside of the parking lot or on the Coastal Trail.
B. Speed limit for all electric and human powered bicycles, inline skates, push skateboards, and other allowable equipment is a maximum of 15 mph on the multiuse Fort Bragg Coastal Trail or as signed if a lower speed limit.
9.68.060 EXCEPTIONS.
The provisions of this chapter shall not be applicable to the Skate Park located at the C.V. Starr Community Center, 300 S. Lincoln Street, Fort Bragg, which is separately governed and regulated by the provisions of Chapter 9.69.
9.68.070 PENALTY FOR VIOLATION.
Any person violating the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12.
Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Fort Bragg hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 4. Effective Date and Publication. This ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause a summary of said Ordinance to be published as provided in Government Code §36933, in a newspaper of general circulation published and circulated in the City of Fort Bragg, along with the names of the City Council voting for and against its passage The foregoing Ordinance was introduced by __________ at a regular meeting of the City Council of the City of Fort Bragg held on__________, and adopted at a regular meeting of the City of Fort Bragg held on Date, by the following vote:
AYES: NOES: ABSENT: ABSTAIN: RECUSED:
Mayor
ATTEST:
City Clerk
PUBLSH: EFFECTIVE DATE:
Date and Date (by summary).
Date
2