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HomeMy WebLinkAbout564 ORDINANCE 564 ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTION 12-1.01 OF TITLE 12, CHAPTER 1 OF THE MUNICIPAL CODE, PARKS, PRESERVES AND PUBLIC AREAS WHEREAS, certain recreational trails in Byrne Preserve maynot be suitable for use by both Y bicyclists and equestrians due to steep slopes, narrow trail width and limited visibility; and, WHEREAS,the City Council finds that the use or riding of bicycles in Byrne Preserve should be prohibited in the interest of public safety; and NOW, THEREFORE, The City Council of the Town of Los Altos Hills does ORDAIN as follows: Section 1. AMENDMENTS Section 12-1.01 ("Acts Prohibited") of Title 12, Chapter 1 ("Parks, Preserves and Public Areas") of the Los Altos Hills Municipal Code is hereby amended to read as follows: 12-1.01 Acts prohibited. It is unlawful for any person to do any of the following acts within any public park, preserve, or other public area in the Town: (a) Property. To cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, monument, bench, or other structure, apparatus, or property; to pluck, pull up, take, or remove any shrub, bush, plant, or flower; to mark or write upon any building, monument, fence, bench, or other structure; or to cut or remove any wood, turf, grass, soil, rock, sand, or gravel; provided, however, Town employees and agents, in the course of their duties of the maintenance of such areas, shall be permitted to do any or all of the acts set forth in this subsection; and provided,further,acts by private individuals prohibited by this subsection may be permitted where the public interests so require by the express prior authorization of the City Manager. The provisions of this subsection shall not be construed so as to apply to unavoidable accidental damages to trees, shrubs, and turf; (b) Advertising Distribution and Posting. To distribute any handbills or circulars or to post, place, or erect any bills, notices,papers, or advertising devices or matters of any kind; (c) Fires. To make or kindle a fire for any purpose or to in any manner transport fire or any burning substance, except in designated picnic areas where fireplaces are provided therefor, or, in such designated fireplaces, to leave any fire or live coals unextinguished and unattended; provided, however, the provisions of this subsection shall not be construed as a restriction on the smoking of any cigar, cigarette,pipe, or other device for smoking lawful nicotine compounds; and provided, further, it is unlawful for any person to discard,throw, or drop any lighted match, cigar, cigarette, or any other burning substance within such areas; (d) Camping. To camp, lodge, occupy sleeping bags, or sleep between the hours of 12:00 midnight and 6:00 a.m.; Ordinance 564 Page 1 (e) Birds and Animals. To kill or have in possession any wild birds or animals; (f) Littering. To throw, deposit, place, or leave in or upon any place within such areas any wastepaper, cans, bottles, trash, refuse, or rubbish of any kind except in a receptacle provided for such purpose by the Town; (g) Importing Garbage and Trash. To place in trash receptacles provided by the Town household garbage or trash generated or accumulated outside such areas; (h) Bicycle riding. The riding or use of bicycles in Byrne Preserve is prohibited; and (i) Posted Rules and Regulations. To do any act that violates rules and regulations adopted by the City Council, and the prohibited act is posted on a Town generated sign. 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional,the remainder of this ordinance,including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end,provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 3. Effective Date; Publication. This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law. INTRODUCED: January 27, 2016 PASSED: February 18, 2016 AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSTENTIONS: None ABSENT: None BY: .yor Ordinance 564 Page 2 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Ordinance 564 Page 3