(b) For purposes of this division (B) 11, it shall be a presumption that any real property upon which weeds exceeding six inches in height creates any of the conditions set forth in divisions (B)(11)(a)1.
Through (B)(11)(a)4 above, although weeds of lesser height may also meet such criteria if so determined by the director of community development or their designee. (12) Polluted waters. A swimming pool, spa, pond, excavation containing water, or other body of water which is abandoned, unattended, unfiltered or not otherwise maintained, resulting in the water becoming polluted. For purposes of this section, the term "polluted water" means water which contains bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, waste, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature or location, constitutes an unhealthy or unsafe condition or obscures the bottom of the swimming pool, spa, pond, or other body of water.
(13) Public burning. The intentional outdoor burning of any personal or real property, including but not limited to, any trees, plants, landscaping, vegetation, waste refuse, trash, material, building, structure, item, matter or thing of any kind unless specifically authorized by the fire marshal. This provision shall not prohibit the burning of wood or coals in a properly maintained and operated outdoor grill in connection with preparation of food.
(14) Refuse and waste. The keeping of any refuse or waste on any property for a period in excess of seven consecutive days. "Refuse or waste" shall include, but is not limited to, an accumulation of any of the following:
(a) Any trash or debris of any kind including withou t limitation: rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal or other pieces of metal, trimmings from plants or trees, cans, bottles or barrels;
(b) The accumulation of any garbage or refuse, human or animal excrement or fecal material, uneaten food or food wastes, waste matter or material that emits an offensive odor or encourages the breeding of flies or other insects;
(c) The accumulation of dirt, litter, fences, or de bris in doorways, adjoining sidewalks, parking lots, landscaped or other areas;
(d) Rubbish or trash placed so as to be readily visible from nearby public or private property, except for those times scheduled for collection; or
(e) Any property with an accumulation of grease , oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fence, or from which any such material flows or seeps on to any public street or other public or private property. (15) Unsafe buildings and other structures. Any building, flatwork, hardscape or structure which has any of the following conditions or defects:
(a) Any door, aisle, pa ssageway, stairway or other means of exit that is not of sufficient width or size or is not so arranged as to provide a safe and adequate means of exit, in case of fire or other emergency, for persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of exit; (b) Any damage caused by or resulting from earthquake, wind, flood or by any other cause to such an extent that the structural strength or stability of such building or other structure is appreciably less than the minimum requirements of the building code for a new building or similar structure, purpose or location;
(c) Any portion, structural member or appurtenance of a building or structure that is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property;
(d) Any structural member, appurtenance or ornamentation on the exterior of any building or structure, or any portion thereof, that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place, so as to be capable of resisting wind pressure, earthquake forces, live-load or dead-load as specified in the building code without exceeding the working stresses permitted in the building code;
(e) That because of dilapidation, deterioration, decay or faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause or condition, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way;
(f) Is manifestly unsafe for the purpose for which it is used due to any cause or reason whatsoever; (g) Any damage by fire, wind, earthquake or flood or other calamity, or dilapidation or deterioration that constitutes an attractive nuisance to children who might play therein to their danger, or that affords a harbor for trespassers, homeless persons, vagrants, criminals, or immoral persons, or enables persons to resort thereto for the purpose of committing a nuisance, or other unlawful or immoral acts;
(h) Any construction in violation of any specific requirement or prohibition applicable to such building or structure of the building regulations of this as set forth in the Building Standards Codes or California Health and Safety Code, or of any law or ordinance of this state or city relating to the construction, condition, location or structure of buildings; (i) That is used or intended to be used for dw elling purposes, but which because of dilapidation, decay, damage or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to cause injury or be detrimental to the health, safety or general welfare of those living within;
(j) That is used or intended to be used for dw elling purposes that has inadequate light, air and sanitation facilities to protect the health, safety or general welfare of persons living within; (k) That is in such condition as to be a fire haza rd or is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause;
(l) Any building that meets the defi nition of a substandard building in Uniform Housing Code chapter 10, as defined in California Health and Safety Code § 17920.3, or the International Property Maintenance Code (IPMC);
(m) Any building or other structure, or any portion th ereof, that is maintained in violation of § 8-1-15; and
(n) Any sidewalk, walkway, drivew ay, parking lot or any other flat work or hardscape which is debilitated, broken, damaged, or raised to such a degree as to be injurious to property or injurious to persons using said sidewalk, walkway, driveway, parking lot or other flat work or hardscape.
(16) Unlawful signs. Any sign or advertising device or display as defined in regulated under Title 9, erected or maintained in violation of the adopted 2025 California Building Code and related codes orUniform Building Code, Uniform Electrical Code as adopted by the city, Title 9 of this Code or adopted Specific Plan;
(17) Unsafe swimming pools and other outdoor bodies of water. Any swimming pool, spa, or other outdoor body of water maintained in violation of any of the enclosure requirements contained in Article 2,
Division 8 of this title, or any other provision of law. The Swimming Pool Safety Act, codified in California Health and Safety Code §§ 115920 et seq., or the provisions of Title 9, Chapter 1, Subchapter 2, as applicable; and
(18) Utility cabinets. Any utility cabinet, meter pedestal, transformer, irrigation controller, and other equipment on private property and visible from the public right-of-way that:
(a) is obsolete, dilapidated, deteriorated or damaged;
(b) is leaning or has fallen; or
(c) has faded or peeling paint, rust, or graffiti.
(19) Municipal Code and state law violations. Any and all conditions or uses that are contrary to, or in violation of, any other provision or requirement of this Municipal Code or of any applicable county or state law, or regulation thereof.
(Ord. 2020-205, § 3, passed 8-4-20)
§§ 11-14-12—11-14-100 Reserved.
SUBCHAPTER 3. ENFORCEMENT AND ABATEMENT
§ 11-14-101 Statutory authority.
(A) The procedure set forth in this subchapter for abatement of nuisances and the making of the cost of abatement of a public nuisance which exists on a parcel of land a special assessment against that parcel is adopted pursuant to California Government Code § 38771 et seq. and article XI, § 7 of the California Constitution. The procedure set forth in this subchapter for abatement applies to any matter which is determined to be a nuisance.
(B) The procedure set forth in this subchapter is cumu lative and not exclusive, and is in addition to the procedure for abatement which is conferred upon the city by California Civil Code § 3494; California Code of Civil Procedure § 731; and any other applicable provision of law. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-102 Abatement of public nuisances.
(A) All conditions or uses that constitute a public nuisance as defined in subchapter I2 or otherwise designated under this code, or that are contrary to, or in violation of, any other provision or requirement of this Code, or of any applicable county or state law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by repair, rehabilitation, demolition, removal or termination. The procedures for abatement in this subchapter are cumulative and non-exclusive and shall not, in any manner, limit or restrict the city from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing city codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law. The city may, by resolution or applicable ordinance, establish fees and other amounts due under this chapter, including for deposits, the filing of a request for hearing, or other hearing fees. (B) In addition to this section, title 1, chapter 3, subchapter 2, may be utilized when applicable to abate nuisances and/or code violations.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-103 Continuing obligation of responsible persons to abate a public nuisance. (A) No person owning, leasing, occupying or having charge or possession of any property within the city shall allow, cause, create, permit, suffer or maintain a public nuisance to exist on their premises thereon. If public nuisances do arise or occur, responsible persons shall promptly abate them by repair, rehabilitation, demolition, removal or termination in accordance with all required city approvals, permits and inspections, when applicable.
(B) The city may exercise all available city and state administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, available under this Code or otherwise provided by law to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-104 Determination of nuisance.
(A) Whenever the Director reasonably believes a public nuisance exists, they may use the procedures set forth in this division (A) for the abatement of such public nuisance on or may utilize any other procedure authorized by law. The director of community development, or their designee, may determine that any property within the city may constitute a nuisance pursuant to subchapter 2 or any other provision of law, including but not limited to California Civil Code §§ 3479 and 3480, and may initiate proceedings pursuant to this subchapter.
The procedure set forth in this section shall not apply to public nuisances constituting an imminent threat or hazard. In such instances, the provisions of § 11-14-124 shall apply. (B) The director of community development shall set forth his or her determination in a letterwhich shallinclude the following: When the Director determines that a violation of any provision of this chapter is occurring or exists, they may issue a written notice to any person responsible for the violation. Any notice to abate issued pursuant to this section must contain the following information:
(1) The address of the real property on which the nuisance condition(s) exist(s); (2) The conditions which may constitute the nuisance; The code section violated and a description of the violation;
(3) A citation to the law describing or prohibiting the nuisance condition(s); The date of the violation; (4) A brief description of the required corrective action(s); A description of actions required to correct the violation;
(5) A stated period of timereasonable compliance period in which to complete the nuisance abatement actions (with all required city approvals, permits, and inspections, when applicable). (6) A statement that if the nuisance is not abated, the city will seek recovery of all administrative costs, including but not limited to reasonable attorneys' fees, incurred in connection with abating the nuisance and a statement that if the nuisance is not promptly abated, such nuisance may be abated by the city, in which case the costs associated with such abatement, including but not limited to reasonable attorneys' fees incurred in connection with such abatement, may constitute a special assessment or lien against the property;.
(7) A statement that the city may record a notice of substandard property with the county recorder's office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits, and inspections), as determined by the city, within a 30-day period after service of
the letter and provided that a timely appeal therefrom has not been made.conditions or notice of abatement proceedings pursuant to California Government Code 38773.5(e); and (8) The period and manner in which the nuisance determination may be contested as set forth in § 11-14-106 . of this article. No such right shall exist when the city is not seeking to establish the right to abate a public nuisance with city forces or contract agents.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-105 Service of required notices.
(A) Except as otherwise expressly required by this chapter, any notice required by this chapter may be served by personal delivery to any responsible person or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle. Failure of any responsible person to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this division.
Shall be served in accordance with the methods and procedures set forth in § 1-3-16. (B) Except as otherwise expressly required by a provision of this chapter, any notice issued to an owner of real property shall be sent to such person’s last know business or residence address as it appears in the public records or other records pertaining to the matter which such notice is directed.the mailing address on the last equalized assessment roll and posted prominently on the premises. The notice shall be served and posted not less than 30 calendar days before the date of the hearing. Failure of any owner to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this division. (C) Failure of any person to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this division.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-106 Review by hearing officer and contents of notice of hearing. (A)(1) A responsible person may contest a nuisance determinationnotice to abate by filing a written request for an appeal a hearing with the city clerk's office within ten calendar days of service of the letter of determinationnotice to abate. No fee shall be due for the filing of the appeal. (2) The written request shall contain the following information:
(a) Name, address, and telephone number of each responsible person who is appealingcontesting the notice of abatement; (hereinafter, "appellant").
(b) Address and description of real property upon which the city intends to enter and abate a public nuisance;
(c) Date of notice of abatement being appealed.contested; (d) Specific action or decision being appealed.contested; (e) Grounds for appeal contesting the notice in sufficient detail to enable the hearing officer to understand the nature of the controversy; and
(f) The signature of at least one appellantresponsible party. (B) If a timely appeal request for hearing is not received by the city clerk, the right to appealcontest the notice of abatement or other notice issued under this chapter is waived, deemed a waiver of the right to seek judicial review and the letter of determinationnotice to abate is final and binding. In such instances, the city may, but shall not have the obligation to, cause the abatement with city personnel of any or all of the nuisance conditions or activities stated in the letter of determinationnotice to abate without any administrative
hearing. Entry onto private property that is both improved and occupied shall, excepting instances of an imminent threat or hazard, be pursuant to a warrant from a court of competent jurisdiction. (C) (1) An administrative appealhearing shall be scheduled no later than 60 calendar days, and no sooner than 15 calendar days, of a timely appeal filing.
(2) The notice of hearing shall state the date, time and place of the hearing and be in substantially similarity to the following form:
Notice is hereby given that on the ____________ day of ____________ , the director of community development of the city determined that a nuisance subject to abatement may exist on the following described premises. On the ____________ day of ____________ , at the ____________ , located at ____________ , a hearing will be held before a hearing officer appointed by the city manager to determine whether a public nuisance exists on the premises. If the premises, in all or in part, are found to constitute a public nuisance and if the same is not promptly abated by the owner, such nuisance may be abated by the city, in which case the costs of such abatement will be assessed upon such premises and such costs will constitute a lien upon such land until paid.
The premises are described as follows:
[Provide property address]
The hearing will address the following public nuisance conditions on the premises:
[Describe condition or activities]_______________________________________ ________________________________________in violation of the Laguna Niguel Municipal Code [as well as County and State laws, if applicable] Section(s) _____________________________.
The foregoing public nuisance conditions are subject to abatement by repair, rehabilitation, demolition, removal, or termination.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-107 Additional requirements for demolition of buildings or structures.
In addition to the requirements set forth in § 11-14-104, the city must comply with the following additional requirements when the Director intends to abate a public nuisance by demolition of a building or structure. (A) The city shall provide responsible persons with a re asonable period to elect between options of repair, rehabilitation or demolition as well as a reasonable period of time to complete any of these options, before the city abates a public nuisance by demolishing a building or structure. (B) The city shall serve a Notice of Ab atement on all secured lien holders of record with the County Recorder's Office in the event abatement actions include demolition of a building or structure. (C) Notwithstanding any other provisions of this chapter, entry onto any real property to abate a public nuisance by demolition of a building or structure except in cases involving an imminent hazard shall be pursuant to a warrant issued by a court of competent jurisdiction.
(D) The provisions of this section shall not apply if demolition is required to address an imminent threat or hazard. In such situation, the provisions of § 11-14-124 shall apply. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-108 Additional requirements for the abatement of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof.
A notice of intention to abate and remove an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, as a public nuisance, shall be mailed by registered mail to the owner of the land on which the vehicle exists.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-109 Appointment of hearing officer.
A hearing officer shall be appointed by the city manager to conduct hearings pursuant to this chapter as necessary.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-110 Hearing procedure.
The rules of evidence set forth in section 5-2-19 shall apply to hearings conducted pursuant to this division, and the hearing officer and property owner or occupant may request the city council to issue subpoenas as set forth therein.
(A) The hearing for contesting a notice issued under this subchapter will be conducted by a hearing officer in accordance with the procedures set forth in Title 1, Chapter 3, Subchapter 2. (B) The notice to abate shall be accepted by the hearing officer as prima facie evidence of the Code violations and the facts stated therein. Based upon the evidence presented, the hearing officer must determine whether a public nuisance within the meaning of this chapter exists. (C) Where a request for hearing is filed as provided in this subchapter, the compliance deadline set forth in the notice to abate is suspended pending the review of the determination by the hearing officer in the manner set forth in this subchapter.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-111 Hearing on proposed abatement.
(A) (1) At the time fixed in the notice provided for in § 11-14- 5106, athe hearing officer appointed by the city council shall hear the testimony of all competent persons, subject to reasonable limitations of cumulative testimony, timelines and other hearing procedures as set forth in section 11-14-111 herein and in Title 1, Chapter 3, Subchapter 2, desiring to testify respectingwith respect to conditions constituting the alleged nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. Not later than fifteen (15) calendar days following conclusion of the hearing, the hearing officer shall determine if any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the notice of abatement is non-existent, the notice of abatement shall be deemed cancelled.
(2) Administrative hearing decision. The administrative hearing decision shall be issued in accordance with the procedures set forth in § 1-3-23. If the hearing officer determines that each nuisance condition described in the notice abatement is non-existent, the notice of abatement shall be deemed cancelled. If the hearing officer determines that one or more of the nuisance conditions described in the notice of abatement exists,
they shall issue athe written order of abatement whichnotice of decision in accordance with the procedures and timelines set forth in § 1-3-23, which shall contain the following:
(a) A finding and description of each nuisance condition existing at the subject property; (b) The name of each person responsible for a nuisance condition or conditions at the subject property, as well as the name of any person who is not responsible therefor, if applicable; (c) The required corrective action and a compliance period for each unabated nuisance condition; (d) Any other finding, determ ination or requirement that is relevant or related to the subject matter of the hearing;
(e) A statement that if the nuisance is not abated, it may be removed and abated by the city; and (f) The statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure § 1094.6 et seq.” (B) A copy of the decision shall be served by first class mail on each responsible person to whom the notice of abatement was issued.the written hearing decision will be provided to all parties, pursuant to § 1-3-23. If the owner is not an appellantthe party contesting the notice, a copy of the order of abatement shall also be served onprovided to the owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed decision shall not invalidate any action or proceeding by the city pursuant to this chapter.
(C) The failure of any responsible person to comply wi th an order of abatement by completing each of the requisite corrective actions in the manner and time set forth in the order of abatement constitutes a misdemeanor offense.
(D) The decision of the hearing officer sha ll be in writing and shall be final upon service of a copy of the decision and order by first-class mail to each responsible person and owner inissuance of the written decision to all parties in accordance with division (B) above.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-112 Appeals and councilJudicial review.
(a) The city council shall constitute th e board of appeals for any decision of the hearing officer under this article. (b) Any decision of the hearin g officer may be appealed to the city council by the responsible person or the owner or occupant of the property or called up for review any member of the city council. Notice of the appeal or review shall be filed with the city clerk within ten calendar days after the decision becomes final.
Late notices will not be considered. Hearings on appeal shall be limited to those issues raised in the notice of appeal. The director of community development shall give notice of the hearing on the appeal or review in the manner and to the persons described in section 11-14-4205, not less than ten calendar days prior thereto.
(c) The filing of a timely notice of appeal or council review shall stay any further proceedings under the determination appealed from until the board of appeals has made its determination. (d) The city council may uphold, reverse or modify any determination appealed. The decision of the city council shall become final upon service thereof by registered mail upon those persons described in section 11-14- 103.
The decision of the hearing officer is final. The responsible person contesting the notice may bring a judicial action to contest such decision in accordance with the California Code of Civil Procedure § 1094.6 or other applicable law, within 20 calendar days after said person receives a copy of the notice of decision. Failure to do so means all objections to the hearing officer’s decision are waived.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-113 Extension of time for abatement.
The hearing officerDirector may grant an extension of time to abate a nuisance under this chapter if, in their opinion, good cause for an extension exists.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-114 Abatement of nuisance.
(A) (1) Any responsible person shall have the right to fully may abate a nuisance in accordance with the hearing officer's decision prior to the date of entry of the city upon the subject real property, provided that all corrective actions are completed in accordance with all required city permits, approvals and inspections, prior to said entry date. The Director must be advised of the abatement so the Director may insect the premises to ensure that the nuisance has in fact been abated. In such instances, all administrative proceedings shall be cancelled, with the exception of the city's right to seek recovery of its incidental expenses, code enforcement fees, and attorney's fees and any other applicable fees incurred prior to abatement by such responsible person.
(2) Nothing in this subchapter sha ll be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means or remedies available to it under provisions of applicable ordinances, state law or equity to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein. (B) Once the city enters a subject real property to abate a public nuisance, it shall have the right to complete the abatement action. If the nuisance is not completely abated by the date specified in the notice to abate or in the hearing officer’s order in the event of a request for hearing, then the director may immediately cause the same to be abated by city personnel or under private contract. The city and its agents are expressly authorized to enter the premises for this purpose. A warrant or other order issued by a court of competent jurisdiction must be obtained before any entry if the nuisance cannot be inspected or abated without an intrusion into privacy.
(C) It is unlawful and a misdemeanor for any person to obstruct, impede, or interfere with city personnel or its agents in the performance of any act that is carried out to abate a public nuisance. (D) Any building, structure, and/or personal property that is removed by city personnel or agents from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value.
(E) All abandoned, wrecked, dismantled , or inoperative vehicles or parts thereof, that are removed from real property shall be transported to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for historical vehicle license plates pursuant to the California Vehicle Code § 5004, in which case the vehicle may be reconstructed or made operable. Within five days after the date of the removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle, or parts thereof, removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates of title, and license plates. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-115 Record of costs of abatement.
The director of community development shall keep an itemized account of the costs involved in abating a nuisance under this article. The director shall post conspicuously on the property, and shall also mail to the owner and occupant of the property, a statement showing the cost of the abatement. The statement shall be accompanied by a notice to the owner and occupant that the cost of abatement may be contested as set forth in section 11-14-116. If the cost is not contested within ten calendar days after service, it shall be deemed final. (A) The owner of the premises and any other responsible party shall be liable to the city for all costs incurred by the city in abating a public nuisance or seeking to abate a public nuisance. The Director of Community Development, or their designee, shall keep an itemized account of the costs, including incidental costs, incurred in abating a nuisance or seeking to abate a public nuisance under this subchapter. The Director shall post conspicuously on the property, and shall also mail to the owner and occupant of the property, a statement showing the cost of the abatement. For the purposes of this section, the terms COSTS and INCIDENTAL COSTS include, but are not limited to, to the actual expenses and costs of the city in preparation of notices, specifications and contracts, investigation, inspection of the work and the cost of printing and mailings required under this subchapter, and any attorney’s fees and costs expended in the abatement of the nuisance, through civil action or otherwise. (B) The city must serve a written, itemized report of the nuisance abatement costs upon each person with a recorded interest in the subject property and any other responsible party providing notice of the costs and demanding payment. The notice of abatement costs must contain the following:
(1) A demand for timely, full payment of the costs to the city within 20 calendar days of the date of service;
(2) A statement that any unpaid amounts may become a lien and special assessment against the property; and
(3) A statement that the person so charged may file a request for hearing with the City Clerk (C) The person so charged may file a request for hearing with the City Clerk as set forth in Title 1, Chapter 3, Subchapter 2. If the notice of abatement costs is contested, the same procedures as specified in Title 1, Chapter 3, Subchapter 2 apply, except that scope of the hearing is limited to the appropriateness of the amount of the abatement costs, and the hearing officer’s decision may only confirm, discharge or modify the amount of costs.
The confirmed abatement costs must be tendered to the city within 20 calendar days of the date of service of the hearing officer’s decision. The hearing officer’s decision shall be final. The city may thereafter proceed to collect its abatement costs in any manner allowed by law. The failure of any person who has been properly served with notice pursuant to this section is a waiver of the right to contest the report, a waiver of the right to a hearing, a failure to exhaust administrative remedies and a bar to any further challenge to the city’s invoice and nuisance abatement costs.
(Ord. 2020-205, § 3, passed 8-4-20)
Sec. 11-14-116. Hearing on statement of costs of abatement.
The responsible person, or the owner or occupant may contest the cost of abatement by the city under this article by requesting a hearing before the hearing officer within ten calendar days of service of the statement of costs described in section 11-14-9208. Upon receipt of such a request, the director of community development shall schedule a hearing, upon at least ten calendar days' notice to the persons and in the manner provided in section 11-14-4203. At the time fixed for the hearing on the statement of costs, the hearing officer shall consider the statement and contests or objections raised by the person liable to be assessed for the cost of the abatement.
The hearing officer may revise, correct or modify the statement as he considers just, and thereafter shall confirm
the cost. The decision of the hearing officer shall be in writing and shall be served by mail as described in section 11-14-4203. The decision shall be final upon mailing.
(Ord. No. 2020-205, § 3, 8-4-20)
§ 11-14-117 Special assessment for payment of costs.
If the property owner or other responsible person does not pay the cost of abating the nuisance pursuant to this article within 30 calendar days after the cost becomes final or the hearing officer confirms the cost of abatement, or after the cost has been confirmed by the city council, if appealed, the city council may order that the cost shall become a special assessment against the property on which the nuisance was abated and that a notice of lien shall be filed. The assessment shall continue until it is paid, together with interest at the rate of seven percent a year computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary taxes. All acts applicable to levy, collection and enforcement of property taxes shall apply to this special assessment. (A) As an alternative to any other lien described in this section or authorized by law, pursuant to the California Government Code § 38773.5, if the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this subchapter, the city may levy a special assessment against the real property on which the violation occurred. The assessment shall continue until it is paid, together with interest at the rate of 7% a year computed from the date of confirmation of the statement until payment.
(B) Before levying a special assessment, a notice of special assessment must be served upon all persons or entities with a recorded interest in the subject property in the manner required under § 11-14-105 at the time the assessment is imposed on the owner of the property if the property owner’s identity can be determined from the County Assessor’s or County Recorder’s records, by certified mail not less than ten days prior to the time set for hearing. In addition, the owner of record must be served in accordance with California Government Code § 38773.5. The notice must specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments. (C) The notice of special assessment is entitled to recordation with the County Recorder’s office. A copy of the notice of special assessment must be transmitted to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor and Tax Collector shall add the amount of the special assessment on the next regular bill for real estate taxes levied against the property identified in the notice of special assessment. Thereafter, the special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes.
After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-118 Notice of abatement lien.
In the event of an assessment pursuant to section 11-14-11115, the city clerk shall file in the office of the county recorder a notice in substantially the following form:
Under the authority of Government Code § 25845, the City of Laguna Niguel did on _________(date), order abatement of a nuisance and on _________(date), did abate such nuisance upon the real property hereafter described and then on _________(date) , did assess the cost of the abatement upon the real
property. The record owner (or possessor) of such property was ____________ (name and address). The city claims a special assessment on the real property for the cost of doing the work in the amount of $ ____________ . This amount is a special assessment against the real property until it is paid, with interest at the rate of seven percent a year from ____________ (insert date of confirmation of statement), and discharged of record. The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated within the City of Laguna Niguel, County of Orange, State of California, more particularly described as follows: _____________________________________________. (A) Pursuant to the California Government Code § 38773.1, the city may recover its abatement and related administrative costs by a nuisance abatement lien against the property on which the nuisance was abated. If the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this subchapter, then the city may record a lien against the nuisance property for any unpaid amount.
(B) Before recording a lien, the city must serve notice of the lien in the manner required under § 11-14-105 on all persons with a recorded interest in the subject property. In addition, the owner of record must be served in accordance with California Government Code § 38773.1(b). (C) The nuisance abatement lien must be recorded in the office of the County Recorder; and from the date of recording, the nuisance abatement lien shall have the force, effect and priority of a judgment lien, and shall continue in effect until discharged by the city. The lien may carry such additional administrative charges as set forth by resolution of the City Council. (D) The nuisance abatement lien recorded pursuant to this section shall identify the city as the agency for whose benefit the lien is established; the amount of the lien; the date of the order for abatement of the nuisance; the address, legal description and assessor’s parcel number of the property on which the lien is imposed; and the name and address of the recorded owner of the property. (E) The nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.
All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorney’s fees shall be added to the amount of the lien and shall be secured thereby.
(F) Upon payment or other satisfaction of the abatement lien, a notice of release must be prepared and recorded by the City Clerk.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-119 Treble the costs of abatement.
Pursuant to California Government Code § 38773.7 (or any subsequent amendment thereto), upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a public nuisance except for public nuisance conditions abated pursuant to California Health & Safety Code § 17980 (California Housing Law), the court may order that person to pay treble the costs of the abatement.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-120 Recordation of substandard notice.
(A) Notwithstanding any provision of th e Municipal Code to the contrary, if the city determines that any property, building or structure, or any part thereof, is in violation of any provision of the Municipal Code and said violation has not been fully abated or corrected, as determined by the city, in the manner and time
provided in a written notice to a responsible person, then the city, in its sole discretion, may record a notice of substandard property with the County Recorder's Office against said premises. As used herein, "fully abated or corrected" includes the procurement of all required city approvals, permits, licenses and the passage of all city required inspections.
(B) The city may record a notice of substandard property without the issuance of a notice of abatement provided that a written notice of violation or a written notice of correction to a responsible person previously disclosed that a substandard notice may be recorded against a property if a violation is not fully abated or corrected in the manner and time delineated in said notice. (C) A notice of substandard property may be recorded af ter service of a notice of abatement provided that:
(1) the notice of abatement contained this disclosure;
(2) the public nuisance was not, as determined by the city, fully abated or corrected in the manner and time specified in the notice of abatement; and,
(3) a timely and proper appeal request for hearing to the notice of abatement was not made. (D) The form that constitutes a notice of substandard proper ty shall be approved by the city attorney or the city prosecutor.
(E) The city shall record a notice of rescission of substa ndard property with the County Recorder's Office within ten business days of its determination that a violation or a public nuisance has been fully abated or corrected.
(F) The city shall cause copies of recorded notices of substandard property and notices of rescission of substandard property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the County Assessor's Office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this chapter.
(Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-121 Code enforcement fees.
(A) Pursuant to California Health and Safety Code § 17951, and any successor statute thereto, responsible persons, who cause, allow, permit, suffer, or maintain a violation in, or upon, residential properties, shall be charged fees (hereafter "code enforcement fees") by the city to defray its costs of code enforcement actions, as hereafter defined. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the city's code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.
(B) The amount(s) or rate(s) of code enforcement fees for city personnel time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by resolution by the city council.
(C) The city manager, or a designee thereof, is authoriz ed to adopt regulations for the uniform imposition of code enforcement fees, and for related administrative actions pertaining to such fees. (D) The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe in accordance with any other provision of this Code, or which are imposed pursuant to county, state or federal laws or regulations.
(E) Code enforcement fees shall be recoverable in conjunctio n with any civil, administrative or criminal action to abate, cause the abatement or cessation of, or otherwise remove a violation or a public nuisance.
(F) Failure to pay code enforcement fees shall constitute a debt that is collectible in any manner allowed by law. (Ord. No. 2020-205, § 3, 8-4-20)
§ 11-14-122 Recovery of attorney's fees.
A prevailing party in any administrative, civil or equitable judicial action to abate, or cause the abatement of a public nuisance as defined in this chapter, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney's fees in accordance with the following divisions:
(A) Attorney's fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city's attorney's fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney's fees in favor of any person or the city. (B) The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and non-responsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party. (C) Provided that the city has made an election to se ek attorney's fees, an award of attorney's fees to a person shall not exceed the amount of reasonable attorney's fees incurred by the city in that action or proceeding.
(Ord. 2020-205, § 3, passed 8-4-20)
Sec. 11-14-123. Owner responsibility.
The owner of any property within the city has the primary responsibility for keeping the property free of public nuisances. Tenants and occupants of the property, for the purposes of this division, shall be deemed to be the agents of the owner.
(Ord. No. 2020-205, § 3, 8-4-20)
§ 11-14-124 Emergency abatement.
(A) Notwithstanding any provision of the Municipal Code to the contrary, the city manager, director of community development, the police chief, the fire chief, or the building official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined, in their sole discretion, that the nuisance creates an imminent threat or public health or safety or any person or persons, or imminent hazard to a person or persons, or to other real or personal property. (B) Prior to abating a public nu isance that creates an imminent threat or hazard, the city manager, director of community development, police chief, or building official or their designees shall attempt to notify a responsible person by telephone or in writing of the imminent threat or hazard and request its abatement by said person; provided however, that the city manager, director of community development, police chief, or building official or their designees may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the city manager, director of community development, police chief, or building official or their designees the nature or severity of the hazard justifies such inaction. If notice has
been so given, but, in the sole discretion of the city manager, director of community development, police chief, or building official or their designees the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent threat or hazard, the city may abate the nuisance with city personnel or agents without further notice, and charge the costs and fees thereof to the responsible person(s).
(C) Within ten business days following emergency action of the city personnel to abate an imminent threat or hazard, the city shall serve any responsible person with a notice of emergency abatement by city personnel of an imminent threat or hazard by first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll of the Orange County Assessor's Office. Failure of any responsible person to receive a properly addressed notice of emergency abatement by the city personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter. (D) A notice of emergency abatement by city personnel of an imminent threat or hazard shall contain the following provisions:
(1) The name of all known responsible persons who are being served with the notice of emergency abatement by city personnel the City of an imminent threat or hazard and the address of the real property on which the imminent threat or hazard was present; (2) A brief description of the condition(s) and reasons why it constitutes an imminent threat or hazard; (3) A brief description of the law prohibiting or pertaining to the imminent threat or hazard; and (4) A brief description of the City’s action's city personnel took to abate the imminent threat or hazard. (E) Omission of any of the foregoing provisio ns in a notice of emergency abatement by city personnel of an imminent threat or hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this chapter invalid. (F) Emergency abatement of an imminent threat or hazard by the city personnel shall not preclude the city from recording a notice of substandard property in accordance with the provisions of section 5-1.24 of this article, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance. (G) The city shall be entitled to re cover its fees and costs (incidental or otherwise) for the abatement of an imminent threat or hazard. In such instances, the city shall follow the procedures set forth in this chapter. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-125 Severability.
If any provision of this subchapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this subchapter, which can be implemented without the invalid provisions, and to this end, the provisions of this subchapter are declared to be severable. §§ 11-14-1256—11-14-199 Reserved.
SUBCHAPTER 4. PENALTIES
§ 11-14-200 Violations generally—Misdemeanor.
(A) Any person violating any provision of this chapter sh all be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
(B) Any violation expressly declared to be punishable, in the discretion of the court by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:
(1) Where a judgment imposes a punishment of a fine not exceeding $100.00 in the case of a first offense; (2) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or
(3) When the city attorney or any deputy district at torney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction. (C) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter, is committed, continued or permitted by such person, and may be punished accordingly.
(D) The term "person," as used in th is chapter, includes any natural person, and also includes any corporation, partnership or any other entity which owns, leases or controls property, and any other responsible person. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-201 Penalties.
Whenever any act or omission is made unlawful by this chapter, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 2020-205, § 3, passed 8-4-20)
§ 11-14-202. Non-exclusive remedies.
Each and every remedy available for the enforcement of this chapter shall be cumulative and non-exclusive, and in addition to any other remedies available at law or in equity. (Ord. 2020-205, § 3, passed 8-4-20)
§§ 11-14-203—11-14-299 Reserved.
Chapter 15 EMERGENCY PREPAREDNESS
Subchapter 1. In General, §§ 11-15-1—11-15-10
SUBCHAPTER 1. IN GENERAL
§ 11-15-1 Purpose.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons.
(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-2 Definition.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
Emergency. The accrual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, war or imminent threat of war, or other conditions, other than conditions resulting from labor controversy, which conditions are or are likely to be beyond the control of services, personnel, equipment, and facilities of this city, and required the combined forces of other political subdivisions to combat. (Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-3 Disaster council membership.
The city disaster council is hereby created and shall consist of the following:
(A) The mayor who shall be an ex officio member an d who shall serve as a liaison between the disaster council and the city council;
(B) The director of emergency serv ices, who shall be chairperson; (C) The assistant director of emergency services, who shall be vice chair; (D) Members of the city public safety committee;
(E) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter; and
(F) Such representatives of civic, bu siness, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council;
(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-4 Disaster council powers and duties.
It shall be the duty of the city disaster council, and it is hereby empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such divisions and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairperson or, in their absence from the city or inability to call such meeting, upon call of the vice chair.
(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-5 Director and assistant director of emergency services. (A) There is hereby created the office of director of emer gency services. The city manager shall be the director of emergency services.
(B) There is hereby created the office of assistant director of emergency services, who shall be appointed by the director.
(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-6 Powers and duties of the director and assistant director of emergency services. (A) The director is hereby empowered to:
(1) Request the city council to procla im the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect; (2) Request the governor to proclaim a "state of em ergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; (3) Control and direct the effort of the emergency or ganization of this city for the accomplishment of the purposes of this chapter;
(4) Direct cooperation between and coordination of se rvices and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them; (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; and
(6) In the event of the proclamation of a "local em ergency" as herein provided, the proclamation of a "state of emergency" by the governor or the director of the California office of emergency services or the existence of a "state of war emergency", the director is hereby empowered:
(a) To make and issue rules and regulations on ma tter reasonably related to the protection of life and property as affected by such emergency; provided however, such rules and regulations must be confirmed at the earliest practicable time by the city council; (b) To obtain vital supplies, equi pment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;
(c) To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency", to command the aid of as many citizens of this community as they deem necessary in the execution of their duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers; (d) To requisition necessary personnel or materi al of any city department or agency; and (e) To execute all of their ordinary power as city manager all of the special powers conferred upon them by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon them by any statute, by any agreement approved by the city council, and by any other lawful authority.
(B) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform their duties during an emergency. Such order of succession shall be approved by the city council. (C) The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. (Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-7 Emergency organization.
All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of § 11-15-6(A)(6), be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city.
(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-8 Emergency plan.
The city disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.
(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-9 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-10 Punishment of violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person during an emergency, to:
(A) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon them by virtue of this chapter.
(B) Do any act forbidden by any lawful rule or regulati on issued pursuant to this chapter, if such act is of such nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof. (C) Wear, carry, or display, withou t authority, any means of identification specified by the emergency agency of the state.
(Ord. 94-75, § 1, passed 6-21-94)
CHAPTER 16: ABANDONED PERSONAL PROPERTY AND ENCAMPMENTS
§ 11-16-1 PURPOSE.
(A) Publicly-owned or controlled property within the city should be readily accessible and available to residents, businesses and the public at large for their intended purposes. The use of these public areas for camping purposes
and/or for the storage of personal property interferes with the rights of others to use and enjoy these public areas as they are intended and can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Additionally, the City Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity.
(B) The purpose of this chapter is to maintain these public areas within the city in a clean, sanitary, safe and accessible condition; to adequately protect the health, safety, environment and general welfare of the community; and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, = businesses and visitors in the city.
(C) Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public property or to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property.
§ 11-16-2 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATEMENT. The process of documenting and collecting eligible items for storage, and removing and disposing of, recycling or reusing of waste at an encampment according to the process in § 11-16-6.
CAMP. To pitch, erect or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates, outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.
CITY. The City of Laguna Niguel, California.
CAMP PARAPHERNALIA. Personal property used to facilitate occupancy of an area and includes personal property typically associated with camping, such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers or other furniture.
CITY MANAGER. The City Manager of the City of Laguna Niguel or their designee(s). This can include, but is not limited to, the Orange County Fire Authority, the Orange County Sheriff’s Department, personnel from the City Code Compliance Division and other city employees designated by the City Manager as having authority to enforce this chapter.
ENCAMPMENT. One or more temporary, makeshift or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. ENCAMPMENT includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
OPEN SPACE. Any undeveloped public property, either primarily in its natural state, including canyons, bluffs and unimproved waterways, or that is held out by the city or used by the public for passive recreational purposes, conservation, habitat preservation or that maintains or enhances the conservation of natural or scenic resources.
PARK. Any public property, whether developed or undeveloped, held out by the city or used by the public for active or passive park or recreation uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalks.
PUBLIC PROPERTY. Any real property or easement owned, operated or managed by the city.
SHELTER. Any city-funded shelter or shelter provided by the city for shelter placements where individuals or families experiencing homelessness can access beds and other services or an area designated by the City Manager for use by individuals or families experiencing homelessness.
UNATTENDED. No person is present with the personal property who asserts or claims ownership of the personal property.
WASTE. Any rubbish, solid waste, liquid waste, infectious waste or medical waste. WASTE also includes abandoned or unidentified personal property that is left unattended on public sidewalks and rights-of-way or other public property. WASTE does not include compost piles, composting or recyclable material properly contained and disposed of in a timely fashion.
WATERWAY. All natural or artificial waterways, including, but not limited to, Aliso Creek, wetlands, flood control channels and any other significant water features located within the boundaries of the city.
§ 11-16-3 PROTECTION OF WATERWAYS.
It is unlawful for any person to do any of the following:
(A) Build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;
(B) Move boulders or large rocks, destroy vegetation, paved roads or paths created by the city, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway;
(C) Drive, park or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use;
(D) Dig on the banks of a waterway; or
(E) Discharge or store waste, including garbage, refuse or human or animal waste, along the banks or into the waters of a waterway.
§ 11-16-4 ABANDONED PERSONAL
PROPERTY.
(A) (1) Any unattended personal property or possessions located on public property whose owner cannot be readily identified are presumed to be abandoned and are subject to removal pursuant to California Civil Code § 2080.7. Enforcement officials shall make a reasonable effort to ascertain whether the unattended personal property or possessions have been abandoned and, if so, to thereafter cause their removal. Any personal property or possession found during the abatement process outlined in § 11-16-6 shall first be stored as required by that section.
(2) In determining whether property is abandoned, enforcement personnel shall, erring on the side of caution, evaluate the facts and circumstances surrounding the item(s), including whether the personal property is unattended and lacks objective signs of abandonment. Examples of objective signs of abandonment include, but
are not limited to, items located in gutters, placed adjacent to trash receptacles, an empty and/or broken tent sitting by itself on a sidewalk with no other belongings or a bag of clothes that is open and strewn across a sidewalk.
(B) Notwithstanding the foregoing, unattended personal property or possessions that present a health and safety risk, such as items that are unsanitary, soiled or verminous, may be summarily abated and destroyed. Unattended personal property or possessions that are not summarily abated or destroyed under this section may be disposed of or recycled by the City Manager or donated for reuse.
§ 11-16-5 ENCAMPMENTS OR SLEEPING ON
CITY PROPERTY.
(A) It is unlawful for any person to camp or maintain an encampment in or upon any public property, including in any street, right-of-way, parking lot, sidewalk, easement, waterway, banks of a waterway or open space, unless specifically authorized by the City Manager.
(B) No person may sleep on any public sidewalk, street, alleyway, median, parkway or right-of-way, or in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk at any time as a matter of individual and public safety.
(C) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp, maintain an encampment or sleep, where such activity poses:
(1) An immediate threat or an unreasonable risk of harm to any natural person;
(2) An immediate threat or an unreasonable risk of harm to public health or safety; or
(3) Disruption to any business, store, religious institution, educational facility or government services.
(D) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp, maintain an encampment or sleep in the following locations:
(1) Within two blocks of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the California Board of Education; provided that signs are posted prohibiting camping that are clearly visible to pedestrians. School, for purposes of this section, does not include a vocational or professional institution of higher education, including a community or junior college, college or university;
(2) Within two blocks of any shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians;
(3) In any open space, waterway or banks of a waterway;
(4) Within any transit hub or bus shelter, or along any rail tracks provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and
(5) In any park where the City Manager determines there is a substantial public health and safety risk and provided that signs are posted prohibiting camping that are clearly visible to pedestrians. For purposes of this division (D)(5), the definition of park does not include open space, as defined in § 11-16-2.
§ 11-16-6 ABATEMENT.
(A) The City Manager may remove personal property, camping paraphernalia and all other property, contraband, litter and waste found at an encampment or at a location where a person is engaged in unlawful camping in compliance with the following procedures.
(B) (1) A written notice of clean-up will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean-up and giving a minimum of 48 hours for persons to remove their personal property. The written notice will include the following statement, which may be updated by the City Manager as necessary to provide accurate and current information:
“You must remove your belongings from the site within 48 hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the City of Laguna Niguel. The City will post a Notice, in English and Spanish, if belongings are stored during the clean-up process. If you wish to minimize the risk of losing valued belongings, you should try to keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.
If you think your belongings were stored, you can claim them by following the directions on the Notice after the clean-up is complete.”
(2) After 48 hours, the City Manager is authorized to conduct abatement of the site on the date posted on the notice of clean-up. If abatement is delayed longer, the City Manager shall repost a notice of clean-up with a new date.
(C) The City Manager shall follow these additional procedures when persons are present at an encampment during abatement.
(1) When shelter is available, the City Manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable.
(2) Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.
(3) Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own upon their arrest. Unless the person requests the personal property be discarded or entrusted to another, all personal property on their person or of apparent value will be taken to the City Police Department for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the City Manager shall follow the abatement process in this chapter.
(D) The City Manager will document and coordinate the abatement process as follows:
(1) Photograph or video record the site before any abatement begins;
(2) Open backpacks, purses, suitcases and other small storage containers to determine whether they contain items eligible for storage;
(3) Set out items contained in bags or suitcases, and photograph the items;
(4) Photograph or video record all items to be stored;
(5) Photograph or video record the cleanup process;
(6) Photograph or video record the site after abatement has concluded; and
(7) Create a written inventory of each eligible item to be stored, including the date of removal, location it was found, the date of storage and a general description of the property. Any stored items shall be kept in storage at least 90 calendar days and then may be disposed of, recycled or reused following the process in § 11-16-4.
(E) (1) Unclaimed items found in abatement shall be eligible for storage if:
(a) Circumstances indicate that the item belongs to a person;
(b) The item has apparent utility in its current condition and circumstances; and
(c) The item can be safely retrieved from the site.
(2) Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility.
(F) Notwithstanding the foregoing, an eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:
(1) Hazardous property, including items contaminated with human waste or bodily fluid, soiled items likely to expose others to disease, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia or mold;
(2) Property likely to become hazardous in storage, including perishables, wet materials that might become moldy and items covered in mud;
(3) Property that is practically un-storable, due to large size, weight or other similar characteristic;
(4) Contraband or stolen property; or
(5) Property on the City Manager’s current list of common types of items that, in the experience of city staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.
(G) After abatement has concluded and when eligible items are collected and will be placed in storage, the City Manager shall post notices, in English and Spanish, at the location of the abatement that includes information how a person can claim stored items. Information about retrieval of stored items shall also be available on the city’s website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership or proof of identification. A person may retrieve stored items without inquiry into the person’s criminal background or outstanding warrants.
(H) In an expedited abatement, the City Manager shall follow the same abatement and storage procedures in this section but shall post a notice of clean-up, in English and Spanish, giving a minimum of three hours for all persons to remove their personal property. The City Manager shall prioritize and expedite the removal of an encampment if:
(1) The city receives direction from the county or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or
(2) The City Manager observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.
§ 11-16-7 ENFORCEMENT AND ADMINISTRATIVE REGULATIONS.
(A) Violations of this chapter may be prosecuted as misdemeanors subject to the fines and custody provisions in §§ 1-1-19 and 1-1-22.
(B) The City Manager and Police Chief shall each have the authority to, and may, issue administrative regulations in order to implement the administration and enforcement of this chapter. Such regulations may include, but not be limited to, processes for the provision of information regarding housing and other social services prior to citation or arrest of individuals, as well as a process for determining whether and how many shelter beds are available at a given time. Such regulations shall be posted and maintained on the City Police Department website.
Laguna Niguel, California, Code of Ordinances
TITLE 13 PARKS AND RECREATIONAL FACILITIES
TITLE 13
PARKS AND RECREATIONAL FACILITIES1
Chapter 1. Parks, Beaches and Recreational Areas and Recreation Facilities
Chapter 1 PARKS, BEACHES AND RECREATIONAL AREAS2 AND RECREATION
FACILITIES
Subchapter 1. General Provisions, §§ 13-1-1—13-1-14
Subchapter 2. Parks, Recreational Areas and Recreation Facilities in General, §§ 13-1-15—13-1-6 175
Article 3. Parks, §§ 13-1-62—13-1-75
Subchapter 4. Glider Flying Regula tions for Lilly Shapell Park, §§ 13-1- 76—13-1-93
Subchapter 5. Camper Trucks and Trailers, §§ 13-1-94—13-1-100 Subchapter 6. Skateboard Park Regulations, §§ 13-1-101—13-1-110 Subchapter 7. Healthy Parks Ordinance, §§ 13-1-111—13-1-116
SUBCHAPTER 1. GENERAL PROVISIONS
Sec. 13-1-1. Applicability of chapter.
(A) This chapter shall, unless otherwise expressly provided, apply in all parks, beaches, recreational areas and other publicly owned or operated lands or waters falling within the definition of those terms as set forth in § 13-1-2. However, the application of this chapter may be expressly negated by ordinance or resolution of the city council. Violation of this section shall be an infraction. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-2. Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Alcoholic beverage. Alcohol, spirits, liquor, wine, beer and every liquid or solid containing 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
Beach means all public land owned by the city with water frontage and designed primarily to provide swimming, boating, fishing and other waterfront activities.
City. The City of Laguna Niguel and the Laguna Niguel Community Services District Parks and Recreation Department.
Eviction means revocation of the user's permit and expulsion from the facility.
Manager means the manager of parks and recreation for the city.
Director. The Director or designee of Parks and Recreation for the city.
Open Space. Every city service area greenbelt, slope or park space not used for recreation programs and activities.
Park. Every park, roadside rest, golf course, reservoir, riding and hiking trail, city service area greenbelt and city service area recreational facility, and every other public recreation facility owned, managed or controlled by the city.
Park waters. Any lake, reservoir, pond, river or other body of water within or flowing through a park.
Person. Every person, firm, corporation, copartnership, joint venture, association, social club or fraternal organization, or any other group or combination acting as a unit.
Recreational Facility. Every public recreation facility owned, managed or controlled by the city.
Recreational areas. means all parks, park waters and beaches. Public area to be used for recreation programs and activities.
Revocation of use. Revocation of a user’s permit or reservation or immediate removal, suspension or expulsion of an individual from any public park or recreational facility for a specified period in accordance with §13-1-20.
(Ord. 90-11, § 2, passed 3-6-90)
Cross reference(s)—Definitio ns generally, § 1-1-18.
Sec. 13-1-3. Use of parks, recreational areas and recreational facilities; enforcement of chapter.
(a) The privilege of any person to use the parks, recreational areas and recreation facilities is hereby expressly conditioned upon compliance by that person with the provisions of this chapter as they apply to such use. No person shall disobey or violate any of the written rules, policies or regulations issued by the director governing the use and enjoyment by the public of any park, park facility or open space. (b) In addition to other penalties prov ided for in this Code, violation of any provision of this chapter shall subject the violator to evictionrevocation of use from the park in which the violation occurs, and other parks if deemed necessary, all in accordance with the procedures in § 13-1-20. This chapter shall be enforced by the director and such of their agents as they may designate to perform such duty, as well as by peace officers having jurisdiction of any area in which a violation of any provision of this chapter may take place. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-4. Management of parks, recreational areas and recreation facilities.
The purpose of this chapter is to provide for the orderly administration and control of parks, recreational areas and recreational facilities within the city. The director is hereby instructed to administer this chapter to
achieve the maximum benefit to the publicpublic benefit. The city council further authorizes the director to enforce and administer the facilities use policies related to these sections. (Ord. 90-11, § 2, passed 3-6-90)
Secs. 13-1-5—13-1-14. Reserved.
SUBCHAPTER 2. PARKS, RECREATIONAL AREAS AND RECREATION FACILITIES IN
GENERAL
Sec. 13-1-15. Hours.
All parks, recreational areas and recreation facilities shall be open to the public during such hours as may be established by resolution of the city council. No person, except those having valid camping permits, shall enter or remain in any of the recreational areas at any time other than during such hours as the recreational area is open to the public.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-16. Fees.
All persons and groups using camping, parking or other special facilities of recreational areas shall, prior to such use, pay such fees and deposits as may be established by resolution of the city council. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-17. Camping.
(a) The use of any camping facility shall be by written pe rmit only and upon payment of such fees and for such period as may be established by resolution of the city council. Each adult registering to camp at any city park will be required to present a current valid driver's license upon registration. (b) No permit shall occupy any campsit e in excess of such period prescribed by the permit. In addition to the other penalties provided in this division, violation of this section shall subject the violator to suspension of camping privileges, loss of prepaid fees and eviction from the recreational area. Any property left at the campsite will be considered abandoned after 24 hours and will be removed by the manager or his agents in accordance with a procedure approved by the manager.
(Ord. No. 90-11, § 2, 3-6-90)
Sec. 13-1-18. Use of electric outlets.
No person shall use electric outlets within any recreational area without first reserving or paying such fees as may be prescribed by resolution of the city council.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-19. Vending and commercial solicitation.
No person shall solicit primarily for commercial purposes in any manner, or sell or offer for sale any goods, services, wares, merchandise or food products, or otherwise engage in sidewalk vending, without a sidewalk vending permit issued pursuant to Title 5, Chapter 7, Subchapter 2. No person shall distribute or pass out any primarily commercial handbill or advertising material, without a written permit from the managerParks and Recreation Department. However, this section does not apply to any concession operated under authority granted by the city council, or to any activity specifically exempted by order or resolution of the city council. (Ord. 90-11, § 2, passed 3-6-90; Ord. 2020-206, § 9, passed 7-21-20; Ord. 2020-207, § 8, passed 8-4-20) Sec. 13-1-20. EvictionRevocation of Use procedures.
(A) A person is subject to ejection from the park when the following conditions occur:
(1) The person is in violation of a park rule or regulation, including any provision of this chapter; (2) The person has been warned in a manner that is reasonably calculated to reach that person that ejection may result from any further violation;
(3) After receiving such warning, a further violation occurs; and (4) No lesser sanction reasonably appears to suffice. However, where a violation is of such magnitude or seriousness of violence, no warnings will be necessary prior to revocation of use. This includes engaging in conduct that involves violence, poses an immediate threat to public safety or creates a hazardous condition requiring immediate revocation of use.
(B) The period of evictionrevocation of use shall be determined by the director and such of their agents as they may designate to perform such duty, as well as peace officers having jurisdiction. EvictionRevocation of use in no case is to be for less than 24 hours or for more than one year. (C) Prior to evictionrevocation of use of any person, the reasons for such evictionrevocation of use shall be explained to such person, and the person shall be given an opportunity to state any reason they may have why they should not be evicted.
(D) Any person evicted shall be informed of the period of time for which they are evicted and whether or not such evictiona revocation of use applies to any other city facility than the one from which he is evictedthey are evicted.
(E) In the case of any evictionrevocation of use for a period in excess of 24 hours, the person evicted shall be given an opportunity to appeal such evictionrevocation of use to the director, who may uphold, modify or vacate the eviction orderrevocation of use. The decision of the director shall be final. (F) Any person who has been evicted from a city recreati onal facility and who does not depart forthwith, or who departs but returns prior to the expiration of the evictionrevocation of use period, shall be guilty of a misdemeanor.
(Ord. 90-11, § 2, passed 3-6-90)
Secs. 13-1-21—13-1-24. Reserved.
Sec. 13-1-25. Public picnics, meetings and public gatherings.
The director shall designate the areas in each park or beach wherein picnics, meetings or other organized public gatherings may be held. The director shall maintain a calendar with respect to each such designated area, and on such calendar show each such picnic, meeting or other organized gathering involving more than 100 persons to be held in such areas. No person shall cause any picnic, meeting or other public gathering involving the attendance of more than 100 persons to be held in any park or beach without first notifying the director and obtaining a written permit from them. The director, or designee, shall issue the permit upon written or oral request in all cases where prior permits have not exhausted the capacity of the area sought to be used. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-26. Public address systems and amplified sound. (A)No person shall set up, use, operate or maintain a public address system or amplified sound within any recreational area, except in those areas specifically designated, nor shall any person set up, use, operate or maintain a public address system or amplified sound without first obtaining a written permit. (B)The director, or designee, is expressly given the authority to determine the maximum amplification permissible in areas designated consistent with other persons' enjoyment of the recreational area facilities. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-27. Damaging vegetation or structures.
Except as otherwise provided in this chapter, no person shall pick flowers, foliage, berries or fruit, or cut, carve, hack, break, dig up, remove, deface or in any way mutilate or injure any wood, leaf mold, rock, gravel, sand, tree, shrub, plant, fern, grass, turf, mold, railing, seat, building, barbecue stove, sign, fence, post, structure, toilet, lavatory, restroom, equipment or any other object in or adjacent to any park or beach, except as expressly authorized in this chapter. No person shall paint, post, attach or affix any handbill, dodger, notice, sign or advertisement upon or to any bridge, fence, building or other property within any recreational area or any tree situated in any recreational area, and no person shall deface, mar or disfigure any bridge, fence or other structure within such park and/or recreational area or any tree situated in any recreational area, by painting, cutting, scratching or breaking the structure or tree or attaching or affixing anything thereto. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-28. Sanitation.
(a) Use of rubbish receptaclesContainers for garbage or rubbish. No person shall leave, deposit, drop or scatter any bottles, broken glass, ashes, wastepaper, cans or other rubbish, garbage, litter, refuse or offal matter in any recreational area, except in a designated trash receptaclecontainers. No person shall deposit any such matter in the public toilets of any recreational area.
(b) Washing of clothes and utensils. No person shall wash clothing, dishes, cooking utensils or other utensils used in connection with the preparation or serving of food in any park, recreational area or recreation facility, except at places designated by the director and provided for such purpose. (c) Cleanliness of campsites. All persons using campsites shall keep the campsites safe, clean and free from rubbish, litter, broken glass, garbage, refuse or offal matter. Combustible rubbish may be burned where fires
are permitted, and all other garbage and refuse of any kind shall be placed in containers or pits provided for that purpose.
(d) Discharge of sewage. No person shall discharge any human or animal excreta or wastewater from a toilet or holding tank. except into tanks provided or designated for that purpose. Public toilets in recreational areas are provided for the protection of the health of the general public, and shall be used when so provided. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-29. Vehicles.
(a) Speed. No person shall drive any vehicle in any recreational area at a speed that is greater than is reasonable or prudent, having due regard for the traffic and traffic pattern and the surface and width of the roadway, and in no event in excess of ten mph unless a greater speed is posted. (b) Parking. No person shall park any vehicle, except in designated parking areas; however, the director is hereby authorized to permit parking along roads and in undeveloped areas within the recreational areas when in his opinion such parking will not interfere with the operation of the recreational area. (c) Erection of speed, traffic and parking signs. The director is authorized and directed to erect and maintain signs at locations they deem appropriate indicating the speed limits established by the city council for parks and beaches along the roadways or streets therein. The director is also authorized to designate parking areas and traffic patterns and to erect and maintain signs indicating such areas and patterns. (d) Removal of vehicles. Vehicles may be removed and stored at the owner's expense by the director or such of their employees as they may designate or by peace officers under either of the following circumstances:
(1) When the vehicle has been parked for a period of time of more than 24 hours in a location where parking is prohibited and appropriate signs have been posted. (2) When the vehicle has been parked in a designated campsite where a fee is required and such fee has not been paid and appropriate signs have been posted.
(Ord. 90-11, § 2, passed 3-6-90)
Secs. 13-1-30—13-1-34. Reserved.
Sec. 13-1-35. Alcoholic beverages.
(A) No person shall, within the limits of any park, open space or recreational area, consume any alcoholic beverage. Any alcoholic beverage in a person's possession shall be stored in a closed vehicular trunk or storage compartment.
(B) This section shall not apply within any portion of any recreational areafacility which may be so designated by resolution of the city council.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-36. Airplanes, drones and rockets:; prohibited.
No person shall fly a motor driven or fuel propelled airplane, drone, rocket, missile or similar thing within any park or recreational area in the city, except at such places as may be designated for such use by the director of parks and recreation.
(Ord. 95-82, § 1, passed 6-6-95)
Sec. 13-1-37. Firearms and other weapons; fireworks.
No person shall have any fireworks, firearms, air gun, BB gun, slingshot or bow or hunting arrow or any other weapon in their possession or in their vehicle other than in a closed trunk, storage compartment or other area separated from the passenger section of the vehicle, in any recreation area, nor shall any person discharge any weapon upon or into any park, nor shall any person discharge any fireworks or weapon upon or into any park or beach within city boundaries; provided, however, that the director may designate areas in which such activity is permitted.
(Ord. 90-11, § 2, passed 3-6-90)
Cross reference(s)—Firearms and danger ous weapons, § 11-2-1 et seq.
Sec. 13-1-38. Hunting and fishing.
All recreational areas and open space are sanctuaries for wildlife of every sort. No person except persons in the performance of their official duties shall hunt, kill, wound, frighten or capture any wild bird or land animal in any recreational area.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-39. Domestic animals.
(A)No person having custody of a cat, dog or other domestic animal shall allow such animal in any recreational area without the ability to produce evidence that the animal is currently licensed as required by any other provisions of law and unless such animal is restrained by a substantial leash not to exceed six feet in length and is in the charge of a person competent to restrain such animal; provided that no person having the charge of any dog, except a blind person with their guide dog, shall permit such dog under any circumstances to be within such recreational areas as may be determined by resolution of the city council, unless the dog is restrained and enclosed in a car, cage or similar enclosure.
(B)This section shall not prevent the city or its lessees from holding supervised public events in such recreational areas in which domestic animals participate, nor shall it prohibit the director from issuing permits pursuant to § 13-1-25 for group activities wherein dogs will be under the responsible care of a person while not restrained by a leash or enclosed in a car, cage or similar enclosure while participating in a permitted canine event. (Ord. 90-11, § 2, passed 3-6-90)
Cross reference(s)—Animals, tit. 10.
Sec. 13-1-40. Golf; prohibited.
No person shall play, practice or in any way engage in the game of golf in any park or recreational area in the city, except at the times and places that may be designated by the director of parks and recreation. (Ord. 95-82, § 2, passed 6-6-95)
Sec. 13-1-41. Archery; prohibited.
No person shall engage in archery in any park or recreational area in the city, except at the times and places that may be designated by the director of parks and recreation. (Ord. 95-82, § 3, passed 6-6-95)
Sec. 13-1-42. Ice blocking; prohibited.
No person shall engage in ice blocking in any park or recreational area in the city. "Ice blocking" is defined to mean an activity where a person uses a block of ice or other device to slide down a hill or slope. (Ord. 95-82, § 4, passed 6-6-95)
Sec. 13-1-43. Reserved.
Sec. 13-1-44. Organized play:; permits required.
(a) No person or organization shall participate in any personal/group instruction or organized play on any park, soccer field, baseball field, softball field or other recreational facility owned, operated or controlled by the city without first receiving a permit which is issued by the director of parks and recreation and which authorize the organized play at the particular site.
(b) The term organized play as used in this section shall mean 12ten or more persons engaging in a team sport athletic contest, such as, but not limited to, soccer, baseball, softball, football, basketball, or volleyball. (c) In determining whether or not to issue a permit, the director of parks and recreation, or designee, shall consider the following and any other factors they deem relevant:
(1) The suitability of the particul ar facility for the proposed play.; (2) The effect of the activity on the neighborhood; and (3) The limitation on the availability of the facility fo r spontaneous recreational use by the public caused by the permitted use of the facility.
(d) The director of parks and recreation , or designee, may place such reasonable conditions on the issuance of a permit as he deems necessary and proper to protect the public welfare, including but not limited to:
(1) Restrictions on the number, age and other desig nations of persons who may participate in such permitted play.;
(2) Restrictions on the season, days of the week and ti me of day that the particular facility may be used by the permittee.;
(3) Provisions for the maintenance by the permittee of the sanitation, cleanliness and appearance of the facility.;
(4) Provisions for security and the maintenance of law and order, including compliance with noise, parking, safety and other appropriate regulations.;
(5) Restrictions on the installation of apparatus or modification in any manner, either temporary or permanent, by the permittee to the sports field or adjacent structures.; (6) Provisions for the posting of li ability insurance by the permittee.;
(7) Provisions for the posting of a cleaning deposit by the permittees, from which the said director, or designee, may from time to time withdraw funds as an off-set to the cost to the city of cleaning the facility and accommodations thereon used or usable by the permittee. (e) In the event that any of the conditions of the permit are violated by the permittee or for other good cause shown, the director of parks and recreation, or designee, may suspend or revoke the permit (and retain the deposit in whole or in part, if the facts support such action) after notice to the permittee. (f) When a permit is issued for organized play at a park, soccer field, baseball field, softball field, or other recreational facility pursuant to this section for use of said facility at a particular time, and that facility is being used by one or more persons who do not hold a permit to use the facility at that particular time, the non-permit holders shall immediately vacate the facility upon arrival of the permit holders and request by the permit holders that the non-permit holders vacate the facility. Failure to vacate the facility is a violation of the section and shall result I an infraction.
(Ord. 95-82, § 5, passed 6-6-95)
Sec. 13-1-45. Athletic activities.
No person shall conduct or participate in any sport or in any organized athletic activities within any recreational area other than in such areas as may be designated for such sports, games or athletic activities, or in any areas where the director has posted signs prohibiting such activities. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-46. Use of trails closed areas.
(a) Designation and use. The director may designate horseback riding and hiking trails in beaches and parks.
They may also designate closed areas where entry is prohibited in the interest of public convenience or safety. No person may leave a designated trail in any beach or park on foot or on horseback or otherwise, other than for law enforcement, lifesaving or emergency purposes or for beach or park maintenance, at other than designated entry or exit points. No person shall enter on foot or on horseback or otherwise any area in any beach or park which the director has posted as a closed area. (b) Trails along or through private property. No person within any recreational area or open space shall enter on or go upon the lands of another, under cultivation or enclosed by a fence, for any purpose whatever, without the consent in writing of the owner of the premises or of the person entitled to the use and occupancy thereof, except in the lawful performance of an official duty. (c) Closing of gates. No person opening a closed gate shall proceed beyond the gate without first closing it. (d) Closure. Either the city director of public works or the manager City Manager or designee may close any park, beach, field, or other recreational area or facility when such an area or facility is filled to capacity, a hazardous condition poses potential danger to citizens, city employees, or property, it needs to be reconstructed, renovated, refurbished, repaired or maintained, or the area or facility needs to be closed because of inclement weather and the need to avoid damage that would occur by use of the area or facility during or after the inclement weather. Any such closure shall be for the duration that the area or facility is filled to capacity,; the existence of the hazardous condition,; the times required for the reconstruction, renovation, refurbishment, repair or maintenance, or the existence of the impact on the area or facility by inclement weather, as determined by the director.
(Ord. 90-11, § 2, passed 3-6-90; Ord. 95-82, § 6, passed 6-6-95)
Sec. 13-1-47. Livestock and horses.
(a) Saddle and pack animals. No person having custody or control of a horse or other saddle or pack animal shall allow such animal in any part of a recreational area, except upon roads or bridle trails designated for equestrian traffic. No person shall ride or drive any horse or other animal which is not well-broken and under the control of such person. No person shall ride any saddle animal in any manner that endangers any other person or animal. No person shall allow their saddle or pack animal to stand unattended or improperly tied. (b) Livestock. No person shall molest livestock in or adjacent to a park. Livestock are not permitted in city parks, recreational areas or open space.
(Ord. 90-11, § 2, passed 3-6-90)
Cross reference(s)—Animals, tit. 10.
Sec. 13-1-48. Erection of structures.
No person shall erect structures within any recreational area or open space area without the consent authorization of the director.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-49. Diving or jumping in water—Generally.
No person shall dive or jump into any body of water in any recreational area from any pier, bridge, rock or precipice other than at those places designated and posted for diving or jumping by the director, as authorized by resolution of the city council. Violation of this section shall be an infraction. (Ord. 90-11, § 2, passed 3-6-90)
Cross reference(s)—Diving or jumpin g in water, §§ 11-9-44, 11-9-45.
Sec. 13-1-49.1. Same— Landing in water.
No person shall land in any body of water in any recreational area after having jumped or dived from any pier, bridge, rock or precipice above such body of water, other than at those places designated and posted for diving and jumping by the director, as authorized by resolution of the city council. Violation of this section shall be an infraction.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-50. False drowning alarm.
No person in any recreational area shall give or cause a false alarm of drowning to be given in any manner.
Any person who knows that an alarm is false shall immediately notify the guard to whom the alarm was given of its falsity.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-51. Removal of personal equipment.
No person shall allow any equipment over which they have custody or control to remain at any recreational area during any time that the recreational area is closed, unless authorized by the director. Any items left over may be removed.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-52. Performance of labor in parks.
(a)(1) No person, except those persons employed or contracted by the city, shall perform any labor in or upon any park. Labor includes, but is not limited to, installing, taking up or replacing soil, turf, ground, pavement, structures, trees, shrubs, plants or flowers.
(2) Labor shall only be performed under the authorization, supervision or control of the director of parks and recreation and the director of public works.
(b) Notwithstanding the provisions of division (a) abov e, labor may be performed by persons who are not employees of the city in situations where such persons are volunteers who are working on city facilities, such as the Botanical Preserve and the city's athletic fields, including baseball, softball, and soccer fields. Such volunteer labor may only be performed when, prior to commencement of the work, written authorization for the work is given by the director of parks and recreation or the director of public works. (Ord. 95-82, § 7, passed 6-6-95)
Sec. 13-1-53. Prohibition on operation of motor vehicles, including motorized scooters, and e- bikes on trails.
(a) Pursuant to the California Vehicle Code § 23127, th e operation of unauthorized motor vehicles, including motorized scooters and e-bikes, on hiking and horseback riding trails and bicycle paths is prohibited, and the city director is authorized and directed to take all actions necessary, including posting of warning signs, to implement the prohibition on operation of unauthorized motor vehicles on hiking and horseback riding trails and bicycle paths set forth in that section.
(b) Pursuant to California Vehicle Code §§ 21230 and 21225, the operation of motorized scooters and e-bikes, as defined in the California Vehicle Code § 407.5, is prohibited on hiking and horseback riding trails and bicycle paths and trails and bikeways located in the city.
(c) For purposes of this section, bicycle paths and trails and bikeways do not include bicycle lanes on streets. (Ord. 2005-139, § 2, passed 3-15-05)
Secs. 13-1-54—13-1-61. Reserved.
ARTICLE 3. PARKS
Sec. 13-1-62. Applicability of article.
This article shall apply in all parks and park waters falling within the definition of those terms as set forth in section 13-1-2.
(Ord. No. 90-11, § 2, 3-6-90)
Sec. 13-1-63. Fishing.
No person shall fish or practice fly casting in non-navigable park waters of any park in areas other than those designated by the director for such activities.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-64. Swimming.
No person shall swim, bathe or enter in or into any park waters other than those waters designated by the director for such swimming, bathing or entering.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-65. Fires.
(a) Campfire location and permit. No person shall build, light or maintain any fire in any park except in a camp stove or fireplace provided in areas designated by the manager for such purposes; provided, however, that camper, trailer, oil or gas camp stoves and braziers or hibachis may be used in areas designated for their use by the manager; and further provided that in wilderness areas sites may be designated by the manager wherein persons who have obtained campfire permits from the manager may build small campfires. The authority of the manager to permit campfires within recreational areas is limited to those areas where fires are not restricted by state and local fire prevention officials. The authority of the Director to permit campfires within recreational areas is limited to those areas where fires are not restricted by state and local fire prevention officials.
(b) Removal of combustible materials. No person shall build a campfire in any park until he has first cleared an area of 25 feet in all directions from the campfire site of all dead wood, moss, dry leaves or other combustible material.
(b) Extinguishing fires. Each person building or using a campfire in any park shall, when the campfire is no longer needed, extinguish the campfire by thoroughly wetting the combustible material and covering it with sand or dirt. Each person using a BBQ in any park shall, when the fire is no longer needed, extinguish the fire by thoroughly wetting the combustible material and covering it with sand or dirt. (c) Fire prevention. Every person shall make the suppression and prevention of fire their first consideration while using any park area. Any negligent use of combustible materials is prohibited. Any person learning of an unauthorized fire in any park shall extinguish it if they can do so without endangering themself, or, if they cannot extinguish it, shall promptly communicate the position of the fire to park officials. (d) Smoking. The manager may restrict or prohibit smoking in all or any part of a park when fire danger requires such action. In such cases the manager shall post smoking regulations at conspicuous locations. No person shall smoke in any park in violation of such regulations. Smoking is prohibited in all parks. No person shall smoke in any park, recreation area or open space as this is a violation of this section and will result in an infraction.
(Ord. 90-11, § 2, passed 3-6-90)
Secs. 13-1-66—13-1-75. Reserved.
TITLE 13 - PARKS AND RECREATIONAL FACILITIES
Chapter 1 - PARKS, BEACHES AND RECREATIONAL AREAS
SUBCHAPTER 3. GLIDER FLYING REGULATIONS FOR LILLY SHAPELL PARK
SUBCHAPTER 3. GLIDER FLYING REGULATIONS FOR LILLY SHAPELL PARK Sec. 13-1-76. Prohibition on flying without a permit.
No person shall fly gliders at Lilly Shapell Park unless and until they have received from the city a permit to fly gliders at the park pursuant to this subchapter. No person who has had their permit suspended or revoked shall fly gliders at the park until and unless that permit is reinstated. (Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-77. Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMA. The Academy of Model Aeronautics.
City. The City of Laguna Niguel Parks and Recreation Department and the Laguna Niguel Community Services District, which is a subsidiary district of the city.
Combat flying. The flying of any glider in such a manner as to intentionally interfere with another glider, cause damage to another glider, or cause another glider to crash.
Director. The City of Laguna Niguel Director of Recreation.
Flying plan. The map of the park and surrounding area that depicts the areas where gliders may be flown and the areas for take off and landing of gliders.
Frequency board. The board that is required by this subchapter to be located at the park and upon which frequencies that may be used for glider flying and flying regulations are required to be displayed.
Glider. a model airplane or aircraft that is flown by using wind currents and is controlled by the remote control operation of the wings and tail. The term "glider" does not include any airplane or aircraft that is driven by a propeller or is propelled by a gasoline or electric engine or motor.
Park. the Lilly Shapell Park, which is located in Hillcrest Estates in the City of Laguna Niguel.
Permit. the permit issued by the city to allow flying of gliders at the park.
Person. both the singular and the plural and shall also mean and include a person or an individual.
Pilot. any person who is flying a glider at the park.
Range check. ensuring that the remote control for a glider is working properly and that there is control over the flying surfaces of the glider.
(Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-78. Permits for flying gliders at the park.
(A)(1) The director shall establish procedures and requirements for the issuance, suspension and revocation of permits to fly gliders at the park.
(2) That process shall include the following:
(a) Persons desiring to fly gliders at the park being required to submit to the city an application for a permit to fly gliders;
(b) The director appointing a committee of at least three qualified and experienced glider pilots to review and make recommendations regarding the applications for flying permits; (c) The committee preparing a procedure for:
1. The review and issuance or denial of applications for permits; and
2. The suspension or revocation of such permits.
(d) The procedure being subject to the approval of the director; (e) Each committee member being a member of AMA, havi ng at least three years experience flying remote controlled gliders and at least one year experience flying such gliders at the park; (f) The procedure for qualifyi ng a glider pilot including the applicants demonstrating by actual glider flying that they have the requisite qualifications and experience; (g) The decision as to whether to issue a permit to an applicant being made by the director, but the director not being able to issue a permit for an applicant unless the committee has determined that the applicant is qualified to fly gliders at the park;
(h) The suspension or revocation of permits issued to persons who do not comply with the regulations contained in this subchapter, and
(i) The establishment of a procedur e by the committee to make recommendations to the director on the suspension or revocation of permits with the procedure including an opportunity for the pilot to have a hearing before the committee and for that committee, after holding such a hearing, to make a recommendation to the director with the decision on suspension or revocation being made by the director.
(B) The members of the committee shall monitor the flying of model gliders at the park and the compliance by pilots with the requirements of the regulations contained in this subchapter. (Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-79. Signs and frequency board.
(a) The director , or designee, shall post at the park at least one sign which lists the regulations contained in this subchapter. The sign shall be posted on or near the frequency board and at such other locations as deemed appropriate by the director. The sign shall also contain a statement to the effect that glider pilots by flying gliders at the Lilly Shapell Park are agreeing to comply with all of the posted regulations. (b) The director , or designee, shall provide, at an appropriate location at the park, a frequency board on which the potential frequencies that may be used for remote control glider operation are posted with a mechanism that allows for showing which frequencies are currently in use. The frequency board shall be available for posting of messages regarding glider operations and related activities at the park. (c) The director , or designee, shall maintain the sign and the frequency board in good order and keep them current as to changes in flying regulations.
(d) The director , or designee, shall cause to be prepared a flying plan which shall depict the areas at the park where gliders may be flown, including the take off and landing areas. The flying plan shall also depict pilot stations. The flying plan shall be in compliance with the regulations contained in this subchapter. The director shall have the flying plan posted on the frequency board with the posted flying regulations.
(Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-80. Glider flying regulations.
(a) All persons who fly gliders at the park shall comply with each and every one of the following regulations. A permit applicant's ability to comply with these regulations shall be used in determining the issuance or denial of a permit to fly at the park. A permittee's unwillingness or inability to comply with these regulations shall be used in determining the suspension or revocation of a permit to fly at the park. (1) Gliders may only be flown over the back slope of th e park and the valley areas to the west of the park. (2) Gliders may not be flown over any residences.
(3) Gliders may only take off and land in the designat ed take off and landing areas shown on the posted flying plan.
(4) Pilots shall take all actions necessary to avoid g liders striking or landing on houses or landing in backyards of houses.
(5) Gliders shall not be flown over the trail that runs through the park or over the east side of the trail, except when landing gliders.
(6) Gliders shall not be landed on the grass area of the pa rk if there are park users in that area or if trail users are in the vicinity of the grass area. If a glider must be landed when people are in those areas, the glider shall be landed in the landscaped area located below and on the west side of the trail. (7) Only five gliders may be flown at a time and if five gliders are being flown from the park, no person shall fly a glider at the park until one of the flying gliders is landed. (8) When flying gliders, pilots must be at one of the pilot stations which are designated on the posted flying plan.
(9) Before flying a glider at the park, ea ch pilot must comply with the following. a. Pilots must have in their possession the permit required by this subchapter and place that permit on the frequency board for the frequency that they are using to fly the glider. b. Pilots must have liability insurance in the amount of at least $1,000,000 to cover their activities in flying gliders and they must have, at all times that they fly gliders at the park, proof of such insurance with them.
c. Pilots shall only use frequencies that are not already being used as demonstrated by the frequency board. Pilots shall only use radio controlled frequencies allowed by the Federal Communications Commission.
d. No person shall turn on a transmitter until their permit is placed on the frequency board and an unused frequency is obtained.
e. Pilots shall, before every glider flight, check ba ttery voltage of the batteries in the glider and the remote control device for the glider, and make sure that the batteries have sufficient power for the duration of the flight.
f. Pilots shall range check all new airplanes before they are flown. (10) If a glider lands on private property, no person sh all go onto that property to retrieve the glider, unless that person first obtains permission from the property owner to retrieve the glider. If permission to retrieve a glider is refused, then the pilot shall contact the county sheriff's department and request assistance in obtaining the return of the glider.
(11) Pilots shall not engage in combat flying at the park. (12) Launching gliders by means of rubber bands or any other mechanical device at the park is prohibited. (b) Glider pilots shall be responsible for any damages that they cause by the flying of gliders, including, but not limited to, interfering with the remote control signal to another glider, striking another glider, striking or landing on the houses or backyards of houses surrounding the park, or causing damage to the improvements at the park. In the event any incidents of a glider causing property damage or personal injury occur, the pilot of the glider shall provide, if requested, their name, address, telephone number and insurance information to anyone who is injured or whose property is damaged.
(Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-81. Prohibition of powered airplanes and drones.
The flying of electric or gasoline powered model airplanes, drones or aircraft at the park is prohibited. (Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-82. Implementation.
The city director or designee, is directed and authorized to adopt and promulgate regulations which are consistent with this subchapter to implement the provisions of this subchapter. (Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-83. Violations.
Any person violating § 13-1-76 or 13-1-81 shall be subject to citation and prosecution for violation of this Code. Violation of the regulations set forth in § 13-1-80 shall not be subject to citation or prosecution, but shall be used as provided for in § 13-1-78 to determine issuance, denial, suspension and revocation of the permit required to be obtained to fly gliders at the park.
(Ord. 2002-123, § 2, passed 12-17-02)
Secs. 13-1-84—13-1-93. Reserved.
ARTICLE 5. SUBCHAPTER 4. CAMPER TRUCKS AND TRAILERS
Sec. 13-1-94. Applicability of subchapter.
This subchapter shall apply to all public land owned, operated or maintained by the city. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-95. Unauthorized camping.
It shall be unlawful for any person to camp or sleep overnight, in a vehicle or otherwise, or to park a camper truck, camper trailer, tent trailer or other vehicle overnight upon any lands or easements owned by the city, except
upon such portions thereof as may have been specifically designated and set aside by the city council or the manager for such purposes.
(Ord. No. 90-11, § 2, 3-6-90)
Cross reference(s)—Highways, rights -of-way and vehicles, tit. 7.
ARTICLE 6.SUBCHAPTER 5. SKATEBOARD PARK REGULATIONS3
Sec. 13-1-101. Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Approved bicycles. (1) bicycles that meet the following restrictions and requirements. a. Only bicycles that are BMX type bi cycles or bicycles that are intended to be used for jumping or riding on dirt, streets or in skate parks are approved bicycles. b. Bicycles that are of the following types or are intended for the following purposes are not approved bicycles:
Downhill, cross country, mountain, trail, tandem, 10 speeds, 29ers or similar types of bicycles, track or fixed gear bicycles, road bicycles, beach cruisers, folding bicycles, motorized bicycles, electric bicycles, tricycles, unicycles, big wheels, stair cycles, free riding bicycles, trailers, sidecars, or any type of bicycle that is not a BMX type bicycle or is not intended to be used for jumping or riding on dirt, streets or in skate parks.
c. Only bicycles with a wheel size of 26 inches in diameter or less are approved. d. Bicycles must be hard tail (have no rear suspensio n). Bicycles with front suspension are only approved if their front suspension is limited to 100 millimeters of travel or less. e. Only single speed bicycles are approved. Bicy cles with multiple gears are not approved. f. Bicycles may not have training wheels.
g. Bicycles may not have kickstands.
h. Bicycles with tires that could track mud and/or other debris into the park are not approved. i. The pedals on the bicycles must be aluminum or plastic. j. Handlebars on the bicycles must have end caps or grips that cover the end of the bars. e. Bicycles may not be faulty, damaged or broken or unsafe or unfit for use at the park. l. If a bicycle has pegs, the pegs must comply with the following:
(1) They must be plastic or smooth metal with al uminum capped ends. They may not be made of any metal other than aluminum.
(2) They must not have holes, serrations, grip tape, grooves or be made of any other type of surface that is not smooth.
(3) If the pegs on a bicycle do not comply with this article, they must be removed in order for the bicycle to be used at the park.
If the director determines that pegs on bicycles are causing damage to the park, the director is authorized to prohibit the use of bicycles with pegs.
(2) City staff is authorized to implement and apply the regulations and restrictions in this section to determine whether bicycles are approved bicycles. Further, city staff is authorized to determine whether bicycles are unsafe or unfit for use at the park. City staff's determination as to whether a bicycle is or is not in compliance with the regulations and restrictions or whether a bicycle is unsafe or unfit for use at the park shall be final.
Bike or biking.to ride, operate or use a bicycle.
City. The City of Laguna Niguel.
Director. the City of Laguna Niguel Director of Parks and Recreation.
In-line skates. also known as rollerblades, which are footwear containing four or more axles mounted in a straight line extending generally from or behind the heel of the footwear to or in front of the toe of the footwear with a single wheel attached to each axle.
Park. The Laguna Niguel Skateboard Park located on Alicia Parkway, Laguna Niguel, California, and it includes the skate area at the park.
Permit. the permit issued by the city to allow skating, skateboarding and/or biking at the park.
Person. both the singular and the plural and shall also mean and include a person or individual.
Skate or skateboard. to ride, operate or use skates or a skateboard.
Skate area. the area of the park specifically designated pursuant to this subchapter for skating, skateboarding and/or biking.
Skateboard. a board of any material, which has wheels attached to it and which, if propelled or moved by human gravitational or mechanical power, and to which there is not fixed any device or mechanism to turn or control the wheels.
Skates. any footwear or device, which may be attached to the footwear, to which wheels are attached and such wheels may be used to aid the wearer in moving or propulsion. Skates includes rollerskates, in-line skates, and rollerblades.
(Ord. 2010-162, § 2, passed 1-4-11)
Sec. 13-1-102. Skateboard permit required.
No person shall skate, skateboard or bike at the park unless and until they have received from the city a permit pursuant to this subchapter.
(Ord. No. 2010-162, § 2, 1-4-11)
Sec. 13-1-103. Skateboard park regulations.
To insure the enjoyment, safety and proper use of the park, all persons using the park, including all persons skating, skateboarding or biking at the park, shall comply with each and every one of the following regulations regulations as outlined in the City Council Ordinance No. 2010-162 and the skatepark facilities use policy. (A) No person shall skate, skateboard or bike unless that person is wearing a helmet designed for skateboarding, in-line skating and/or biking uses with a chin strap, elbow pads designed for
skateboarding, in-line skating and/or biking uses with plastic elbow caps and knee pads designed for skateboarding, in-line skating and/or biking uses with plastic knee caps. (B) No person shall skate, skateboard or bike unle ss all the required equipment is in good repair at all times during use.
(C) No person shall ride, use or operate a bicycle that is not an approved bicycle as defined in § 13-1-101. (D) No person shall enter or be upon the skate area at any time other than during the posted hours of operation for the park. No person shall enter or be upon the skate area at any time that the park is closed or when city staff has closed the skate area.
(E) No person shall skate, skateboard or bike anywhere at the park except in the skate area. (F) (1) No person shall ride, operate or utilize in the skate area any device other than a skateboard, skates or bicycle.
(2) Prohibited devices include, but are not limited to, scooters, razors and motorized vehicles. (G) Spectators are not allowed in the skate area. No person shall enter or be upon the skate area unless that person is actively skateboarding, skating or biking in accordance with these regulations. (H) No person shall place any additional piece of equipment, obstacle, apparatus, or other material, including, but not limited to, ramps, jumps or rails, within the skate area, and no person shall use any such additional piece of equipment, obstacle, apparatus or other material. (I) No person shall skate, skateboard or bike when th e surface of the skate area is wet or other conditions exist which adversely effect the safety of skateboarders, skaters and/or bikers. (J) There shall be no simultaneous biking and skat ing or skateboarding. No person shall skate or skateboard in the skate area during the time it is designated for biking and no person shall bike in the skate area during the time it is designated for skating and skateboarding.
11. No person shall use or engage in profanity, reckless or boisterous behavior, including, but not limited to, tandem riding, pushing, horseplay, hazing or bullying, or any other activity which could endanger the safety of persons using the skate area or spectators. (K) No person shall use, consume, or have within thei r custody or control, food or other beverages within the skate area.
(L) No person shall use, consume, or have within th eir custody or control, alcohol, tobacco products, or illegal drugs at the park.
(M) No person shall enter or be upon the skate area under the influence of alcoholic beverages or illegal drugs or with their motor skills or judgment impaired as the result of any drugs. (N) No person shall use or possess glass containers, bo ttles or other breakable glass products within the park.
(O) No person shall use a portable or personal radio, stereo, CD player, or similar device in the skate area.
No person shall use headphones, ear buds or similar devices in the skate area. (P) No person shall engage in graffiti, tagging, or other defacing of the park. (Q) All persons using the park area must place trash in receptacles or containers provided by the city. (R) When determined by city staff that a skater, skateboarder or biker has violated one or more of the regulations set forth in this section, that person, when so directed by city staff, shall leave the skate area and/or the park have their permit to use the skatepark revoked. (Ord. 2010-162, § 2, passed 1-4-11)
Sec. 13-1-104. Permits, hours of operation, designated skate area. (A) The Director shall establish procedures for the issu ance, suspension and revocation of permits to skate, skateboard and/or bike at the park. That process shall include, at a minimum, the following:
a. Persons desiring to skate, skateboard and/or bike at the park obtaining a permit, which allows for such skating, skateboarding and/or biking.
(1) Persons desiring to skate, skateboard and/or bike at the park paying the fees that have been adopted by the city council.;
c. Persons desiring to skate, skateboard and/or bike at the park, and where applicable their parents or guardians, being required to complete and sign a liability waiver and release, in the form acceptable to the city attorney, waiving and releasing the city from any claims that may arise out of injuries suffered while skating, any claims that may arise out of injuries suffered while skating, skateboarding and/or biking at the park.
d. Skaters, skateboarders and bikers, before receivin g the required permit, being required to review and sign a statement that they have read and understand the regulations contained in this article and that they will comply with all those regulations.
(2) Permits being suspended or revoked for skaters, sk ateboarders or bikers that fail to comply with the regulations set forth in §13-1-103.
(B) The Director shall designate and demarcate the skat e area, which will be the area of the park used for skating, skateboarding and/or biking.
(C) The Director shall determine when the skate area is to be used for skating and skateboarding and when the skate area is to be used for biking.
4. The hours of operation for the park have been esta blished by the city council and may be changed in the future by action of the city council Director of Parks and Recreation, or designee. (Ord. 2010-162, § 2, passed 1-4-11)
Sec. 13-1-105. Posting of signs.
(A)The Director shall post signs at the entrance of the park, at the entrance to the skate area and at other locations at the park the director determines are appropriate. (B)The content of the signs shall be determined by the Director, but the signs shall generally cover the regulations in this subchapter and have the following information and statements.:
1. To skate, skateboard and/or bike at the park, a permit must first be obtained from the city .;
2. The hours the park is open.
3. Skating, skateboarding and/or biking are only allowed when the park is open.
2. Helmets, kneepads and elbow pads are required to be worn at all times while skating, skateboarding or biking;
3. The failure to wear helmets, kneepads and el bow pads will subject violators to citation and prosecutionrevocation of use under this Code.
4. Skating, skateboarding and biking are hazardous recr eation activities. Skaters, skateboarders and bikers skate and bike at their own risk of being injured. The city will not be liable for injuries;
5. Only skates, skateboards and approved bi cycles can be used in the skate area;
6. Scooters, razors and motorized vehicles are prohibited in the skate area .;
9. No skating, skateboarding an d/or biking on wet surfaces.
10. No simultaneous skating or skateboarding and biking.
11. Spectators are not permitted in the skate area.
12. No portable or personal radio, stereo, CD player or similar device, and no headphones are permitted in the skate area.
13. No unauthorized pieces of eq uipment, obstacles or apparatus may be brought into the skate area.
7. Skating, skateboarding and/or biking outside of the skate area is prohibited.;
15. Graffiti, tagging and defacing at the park is prohibited.
16. Possession of glass containers at the park is prohibited.
17. Tobacco, alcohol and drug use are prohibited at the park.
18. Skating, skateboarding and/or biking while under the influence of alcohol or illegal drugs are prohibited.
19. Trash must be deposited in the trash receptacles.
8. Persons violating the regulations will be removed fr om the park and may be prohibited from skating, skateboarding and/or biking at the park in the future;
9. Persons violating the regulations will be subjec t to citation and prosecution under this Code. (Ord. 2010-162, § passed 2, 1-4-11)
Sec. 13-1-106. Implementation and enforcement.
A. The city director, or designee, is directed and authorized to adopt and promulgate procedures and regulations that are consistent with this subchapter to implement the provisions of this subchapter.
B. The city director, or designee, is directed to en force the provisions of this subchapter, including the regulation that skaters, skateboarders and bikers wear helmets, kneepads and elbow pads when skating, skateboarding and/or biking at the park.
(Ord. 2010-162, § 2, passed 1-4-11)
Sec. 13-1-107. Violations.
Any person violating any of the regulations set forth in § 13-1-103 may be removed from the park. Any violation of any section of this subchapter is deemed to be an infraction and punishable under this section according to the provisions of this Code and State law. (Ord. 2010-162, § 2, passed 1-4-11)
Secs. 13-1-108—13-1-110. Reserved.
ARTICLE 7SUBCHAPTER 6. HEALTHY PARKS ORDINANCE
Sec. 13-1-111. Purpose.
The purpose of this subchapter is to:
(A) Protect the public health, safety and general we lfare by prohibiting smoking in recreational areas under circumstances where other persons will be exposed to secondhand smoke; (B) Assure a cleaner and more hygienic environment fo r the city, its residents, and its natural resources; (C) Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including children, to breathe smoke-free air, recognizing the threat to public health and the environment which smoking causes;
(D) Recognize the right of employees, residents and visitors to the city to be free from unwelcome second- hand smoke;
(E) Provide for the public health, sa fety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users, by protecting children from exposure to smoking where they live and play and by protecting the public from nonconsensual exposure to secondhand smoke; and (F) Supplement applicable state and federal laws pertaining to smoking and not to duplicate, contradict, or frustrate such laws. This subchapter shall be construed consistently with that intention. (Ord. 2014-176, § 2, passed 6-17-14)
Sec. 13-1-112. Title.
This subchapter is titled "Healthy Parks Ordinance."
(Ord. 2014-176, § 2, passed 6-17-14)
Sec. 13-1-113. Definitions.
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Electronic cigarette. an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. Electronic cigarette includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. Electronic cigarette does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for that approved purpose.
Recreational area. any city-owned public area, open to the public for recreational purposes regardless of any fee or age requirement, including, for example, but not limited to parks, picnic areas, playgrounds, gardens, athletic fields, walking paths, hiking trails, amphitheaters, bike paths, horseback riding trails, sports facilities, skateboard parks, stadiums, and other open spaces.
Smoking or to smoke. holding or possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, a lighted hookah, an operating electronic cigarette, or other similar type of device, or the lighting of a pipe, hookah, cigar, cigarette or similar type of device containing tobacco, tobacco product, nicotine, spices, or any other plant or herbal materials, including marijuana. Smoking also includes the use of an electronic cigarette device which creates a vapor or aerosol, in any manner or in any form. (Ord. 2014-176, § 2, passed 6-17-14)
Sec. 13-1-114. Prohibition of smoking in recreational areas.
Smoking is prohibited in all recreational areas.
(Ord. 2014-176, § 2, passed 6-17-14)
Sec. 13-1-115. Prohibitions generally.
(A)No person shall intimidate, harass, or otherwise retaliate against any person who seeks to attain compliance with this subchapter.
(B)Moreover, no person shall intentionally or recklessly expose another person to secondhand smoke in response to that person's effort to achieve compliance with this subchapter. (Ord. 2014-176, § 2, passed 6-17-14)
Sec. 13-1-116. Enforcement.
(a) Violations of this subchapter shall be an infraction under the provisions of this Code and shall be punishable for the first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.00.
(b) The remedies provided by this subchapter are cumulati ve and in addition to any other remedies available at law or in equity.
(Ord. 2014-176, § 2, passed 6-17-14)