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CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: December 14, 2004

Subject/Title: Waive second reading and adopt Ordinance 788 creating a new Title 7, Parks and Recreation, including such subjects as parks, trees and shrubs, recreational uses, and trails and deleting Chapter 9.48, Use of City Park and Chapter 12.16, Street Trees.

Prepared by: Tammy Homan, Administrative Secretary
Poldina Scherff, Recreation Services Manager
Ken De Silva, Park Services Manager

Submitted by: Craig Bronzan, Director Parks and Recreation

RECOMMENDATION
Waive second reading and adopt Ordinance 788 creating a new Title 7, Parks and Recreation, including such subjects as parks, trees and shrubs, recreational uses, and trails and deleting Chapter 9.48, Use of City Park and Chapter 12.16, Street Trees.

PREVIOUS ACTION
The City established a Parks and Recreation Department in July of 1999 as a result of the merger with the Brentwood Recreation and Park District.

On June 24, 2004, the Park and Recreation Commission unanimously approved a staff recommendation to bring this document forward to City Council for adoption.

On October 26, 2004, City Council considered this item and continued the Public Hearing to November 9, 2004.

On November 9, 2004, City Council approved Ordinance 788 with changes to the Section 7.02.120 Alcoholic Beverages and removal of Section 7.04 Heritage Tree Preservation. The remainder of the Ordinance was approved as recommended.

BACKGROUND
The following changes have been made at the request of City Council from the November 9, 2004 City Council meeting:
A. On Page 1, Chapter 7.04 has now intentionally been left blank in the chapter list of contents for when staff returns to City Council with a revised Heritage Tree Preservation ordinance.
B. Title 7.01.020 Definitions, F. “Heritage Tree” and Q. “Tree Board” have been removed and this section renumbered.
C. Section 7.02.120 Alcoholic Beverages. The sentence “Alcohol is not allowed at an event being held for a person under drinking age” has been removed.
D. Chapter 7.04 Heritage Tree Preservation is now “Intentionally Left Blank” to reserve a section for when a revised ordinance is brought forward for approval. The previous section has been deleted in its entirety.

FISCAL IMPACT
This ordinance will bear no fiscal impact on the City or the Parks and Recreation Department. Staff has been waiting for approval of this ordinance for the creation of new park and facility rule and regulation signs, which will be installed as a part of the regular maintenance budget that has been approved by City Council.

Attachments:
Ordinance
Existing Chapters 9.48 and 12.16 from Brentwood Municipal Code

ORDINANCE NO. ________

AN ORDINANCE CREATING TITLE 7, PARKS AND RECREATION, AND DELETING CHAPTER 9.48, USE OF CITY PARK AND CHAPTER 12.16, STREET TREES

WHEREAS, the City of Brentwood Park and Recreation Ordinance has not had a thorough review since 1996; and

WHEREAS, the City established a Park and Recreation Department in July of 1999 as a result of the merger with the Brentwood Recreation and Park District; and

WHEREAS, City staff and the City of Brentwood Park and Recreation Commission have undertaken a comprehensive review of the existing ordinance and have made recommendations to City Council for consideration.

Now Therefore, the City Council of the City of Brentwood does ordain as follows:

SECTION 1. The Brentwood Municipal Code is amended to add Title 7, Parks and Recreation, to read as follows:

Title 7

Parks and Recreation

Chapters:
7.01 Purpose and Definitions
7.02 Parks and Facilities
7.03 Trees and Shrubs
7.04 (Intentionally Left Blank)
7.05 Recreation
7.06 Trails
7.07 Applicability of Other Laws

Chapter 7.01 Purpose and Definitions

7.01.010 Purpose.

The purpose of this Title 7 is to regulate the use of the parks and recreation facilities of the City in order to provide maximum enjoyment in the use of such parks and facilities and reduce disturbance or interference with the use of surrounding areas.

Title 7.01.020 Definitions.

For the purpose of this Title 7, unless otherwise apparent from the context, certain words and phrases used in this title are defined as follows:
A. “Alcoholic beverage” shall mean alcohol, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
B. "Applicant" shall mean the individual requesting a permit in Section 7.02 or a property owner requesting permission to remove a tree on improved property in Sections 7.03 and 7.04.
C. "Certified or Consulting Arborist" shall mean an arborist who is registered with the International Society of Arboriculture and approved by the Director.
D. "Director" shall mean the Director of Parks and Recreation of the City or Director’s designee.
E. "Facilities" shall include those buildings, parks, landscape areas, ball fields, parking lots, special use facilities, or any portion thereof, under the supervision of the Parks and Recreation Department.
F. “Park” shall mean all property within the city, operated, maintained or controlled by the city, whether such property is used as a park, parkway, greenbelt, tot lot, sports field, internal sidewalk, general trail, parking lot, children’s playground area, picnic area, or is maintained as open space, including undeveloped sites for future parks and includes any structure thereon.
G. "Permit" shall mean a written permit for the permitted use or exclusive use of a park or facility as provided for and defined in this title.
H. “Picnic area” shall mean a special area in a park with tables set aside for the purpose of the consumption of food and beverages.
I. "Picnicker" shall mean a person on an outing or excursion with food usually provided by such person and eaten in the open.
J. "Significant impact" shall mean an unreasonable interference with the normal and intended use of the property. In determining whether there is a significant impact, the typical longevity of the subject tree species, as well as the size of the tree relative to the property, shall be considered. Normal maintenance, including, but not limited to, pruning, and leaf removal and minor damage to paving shall not be considered when making a determination of significant impact.
K. “Skate Park” shall mean a facility designed specifically for riding skateboards, rollerblades and roller skates with sculptured events such as ramps, jumps and bowls, and shall include any hard surface area within forty (40’) of the Skate Park itself.
L. "Sound amplifying equipment" shall mean any electrical or battery operated machine or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" shall not include standard vehicle radios when used and heard only by the occupants of the vehicle in which the radio is located.
M. “Special event” shall mean any event which is scheduled to take place within the City of Brentwood, including events which will be conducted on or contiguous to a City street, sidewalk, alley or other right-of-way, or other public areas, (or events on private property which are likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic), or which may require special accommodations, regulation, or waiver of the usual traffic laws or controls, or is likely to generate a crowd of spectators sufficient in size to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or which may generate a crowd of sufficient size to restrict access to parks, recreation areas or other public areas, or any event which is likely to result in the need, for public safety reasons, for Police regulation, monitoring and control.
N. “Street” includes all public streets, roads, alleys, parkways and other public rights-of-way of the City. (Ord. 280 § (part), 1977)
O. “Street tree” shall mean any tree which grows within or which overhangs any public street or right of way. Trees planted in designated thoroughfare rights-of-way where access is restricted or prohibited are specifically excluded from this Title.
P. “Topping” shall mean heading back of the crown and/or creating large stubs without regard to form.



Q. “Vehicle" shall mean any wheeled conveyance, whether motor powered, animal drawn, or self-propelled, including bicycles and any trailer in tow of any size, kind, or description, except baby carriages, wheelchairs, and vehicles in the service of the City parks.

Chapter 7.02 Parks and Facilities

7.02.010 Compliance required.
No person shall enter, be, or remain in any park or facility of the City unless he complies with all the applicable regulations set forth in this chapter.

7.02.020 Special Event permits.

A. An application for a Special Event Permit, as defined in 7.01.020 (M), shall be submitted to the Parks and Recreation Department. Applications are subject to review and approval by all applicable City departments.
B. The Director shall establish, adopt and amend guidelines, policies, rules and regulations for the use of facilities within the boundaries of the City of Brentwood Service Area.
C. Organizations and groups may conduct fundraising activities only for community projects, charitable projects, or educational projects. The Director will evaluate all written requests by an organization to hold a fundraising event and a determination will be made on a case-by-case basis.
D. Nothing in this chapter overrides or exempts the requirements of a Temporary Use Permit (Brentwood Municipal Code Chapter 17.850)

7.02.030 Exclusive use permits.

As there may be situations where an Exclusive Use Permit is necessary, the following conditions apply in addition to the conditions set in 7.02.020 for Special Event permits.

A. Parks and/or facilities shall be made available for the exclusive use and regulated use of by recognized civic groups, nonprofit, service, or youth organizations within the Brentwood service area and for activities sponsored by or supported financially or otherwise by the City, subject to the issuance of a permit by the Director. Nothing in this section shall be deemed to change the status of any City park and/or facility from a public park or public facility to a private park or private facility.

7.02.040 Liability insurance required.

Liability insurance with coverage as determined by the City of Brentwood shall be required for all special events and any other permit, as determined by Director.

7.02.050 Contents of applications.

All applications shall be signed by an authorized representative of the organization sponsoring the activity, and the organization shall be responsible for compliance with all the provisions of this chapter and the regulations established by resolution or by the Director and for all damages resulting from the conduct of the activity sponsored by the organization.




7.02.060 Action on applications.

A. The decision granting or denying such application shall be mailed to the applicant at the address designated on the application.
B. The Director, in granting the application, may impose reasonable requirements and conditions concerning the use of the park or facility by the applicant.
C. The Director is hereby authorized to charge, collect, and waive fees as authorized by City Council.
D. The fee authorized by this chapter shall be set by resolution of the Brentwood City Council.
E. Requirement of a deposit for rentals will be set by resolution of the Brentwood City Council.
F. The Director shall deny the application if the Director finds one or more of the following:
(1) The activity is not sponsored by an organization specified in 7.02.030 or 7.05.040 of this chapter;
(2) The proposed activity or use will unreasonably interfere with, or detract from, the promotion of the public health, welfare, safety, or recreation;
(3) The proposed activity or use is anticipated to incite violence, crime, or disorderly conduct; or
(4) The occupancy load of the park or facility will be exceeded;
(5) The desired park or facility is already scheduled for use;
(6) The applicant fails to provide timely and accurately all required information; or
(7) Prior negative incidents by applicant or history of similar events/activities.

7.02.070 Security requirements.

A. Every person operating, promoting, maintaining or conducting a permitted activity in or at a facility or park shall provide, or cause to be provided, security for the activity based upon the maximum capacity of the building and subject to the review and approval of the Chief of Police, or Director. The cost of such private security shall be borne by the applicant.
B. Every person operating, promoting, maintaining or conducting a permitted activity in or at a facility shall sign a detailed statement, under penalty of perjury under the laws of the State of California, declaring the nature and type of activity to be held in or at the facility or park and the expected number of guests.
C. The Chief of Police, or Director, shall consider, but is not limited to, the following factors in setting the security requirements for an activity held in a City facility or park:
(1) the maximum capacity;
(2) the nature and type of activity to be held;
(3) the hours during which the activity will be held;
(4) if private security will be provided, the credentials, reputation and practices of the proposed private security company;
(5) attire and equipment used by the private security officers;
(6) prior incidents by applicant or history of similar events/activities; or
(7) whether alcohol is being permitted to be served.
D If alcohol is to be served at the proposed activity, the Chief of Police or Director may establish conditions, on the sale, distribution, use, and consumption of any alcoholic beverage, in addition to those set forth by Alcohol Beverage Control.
E. The Parks and Recreation Department may require use of City staff in addition to security. This will be determined on a case-by-case basis with costs borne by the applicant.


7.02.080 Use of areas.

The Director shall have the authority to regulate the activities in park and facility areas, when necessary, to prevent congestion and to secure the maximum use of the park facilities for the comfort and convenience of all and may limit the length of time such facilities are used to avoid crowding. Visitors shall comply with any directions given to achieve this end. Individual tables and benches shall be used on the basis of "first come, first serve" except in areas designated by "Reservation Only."

7.02.090 Hours of public use.

All parks within the city shall be open from sunrise until sunset unless otherwise posted. No person shall enter or remain within the parks between sunset and sunrise except by permit or permission of the Director or Chief of Police.

7.02.100 Trespassing.

No person shall enter into any facility or park that is closed and/or locked or posted against such entry, except by permit or permission of the Director or Chief of Police.

7.02.110 Lights.

All park facility lighting shall be turned off by 11:00 p.m. except by permit and for security or emergency lighting, as approved by the Director.

7.02.120 Alcoholic Beverages.

The presence and/or the consumption of any and all alcoholic beverages shall be prohibited except by permit.

Permit for use of alcohol may be issued by the Chief of Police or Director with notification to Director of permit issuance. Permits issued pursuant to this section may be issued only for an activity at a specified park or facility during specified hours. Any permit issued pursuant to this section may contain conditions as to the number of persons, the time and place for service and consumption of alcoholic beverages, litter removal, and any other condition reasonably related to the maintenance of public health and safety. An alcoholic beverage for private consumption, if allowed, becomes the liability and responsibility of the group and/or organization renting the park or facility and permittee shall agree to indemnify, defend, and hold the City harmless for any claim, lawsuit, or action related to issuance of this permit. All alcohol shall remain within the park or facility area as designated on the permit. The Chief of Police may also require security precautions including, but not limited to, the hiring of security guard(s) or Brentwood Police Officer(s) at applicant’s expense.

7.02.130 Smoking.

Smoking is prohibited except in areas so designated for smoking.

7.02.140 Candles.

Candles and other open-flame devices are not allowed in City facilities or parks, as provided and defined by Section 2501.17 of 1998 California Uniform Fire Code, as amended.

7.02.150 Camping.

Camping on city owned property is prohibited, except that the Director may permit overnight camping by youth organizations and their chaperones in conjunction with an exclusive use permit.

7.02.160 Closing of a Portion of Park or Facility or entire Park or Facility.

Any part of a park or facility or the entire park or facility may be declared temporarily closed to the public by the Director or Chief of Police at any time and for any interval of time less than two weeks or longer than two weeks if construction activities, health and safety concerns require it, or if permittee is violating any of the conditions of a permit issued by the Chief of Police or Director.

7.02.170 Skate Park.

All persons who ride a skateboard or skates at a City skate park shall wear a helmet, elbow pads, and knee pads. If a person who rides a skateboard or skates at a City skate park fails to wear a helmet, elbow pads, and knee pads, the person shall be guilty of an infraction. When an enforcement officer, as defined in Section 1.08.030, observes such violation of this section, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation, pursuant to Section 1.08.040 et seq. (Ord. 673 § 2, 2001). No vehicles, as defined in this section are allowed to be used in a City skate park.

7.02.180 Acts prohibited.

The following acts are prohibited in a City park or facility:

A. Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or appurtenances, vending machines, or other public property, and parents of any minor who does any of these prohibited acts shall be responsible for all such damage;
B. Litter, soil, or defile rest rooms, vending machines, or any facility.
C. Construct or erect any building, structure, or tent of whatever kind, whether permanent or temporary in character, or run or string any private or public service utility into, upon, or across such lands, except with the written permission of the Director;
D. Go upon any lawn, grass plot, or flower bed where such prohibition is indicated by a legible sign posted near or in the area;
E. Swim, bathe, wade, fish, boat, or operate powered hobby model boats in any water of any fountain, pond, lake, creek, or detention basin, except in areas designated for such purposes and so posted or by permit. Persons shall not throw, discharge, or otherwise place in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park, or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter, or thing, liquid or solid, which will or may result in the pollution of such waters;
F. Bring into any park any material which, if spilled or spread, will be injurious to the turf or plant growth;
G. Damage, cut, carve, transplant, or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant;
H. Attach any rope, wire, or other contrivance to any tree or plant;
I. Dig in or otherwise disturb any park area or in any way injure or impair the natural beauty or usefulness of any area;
J. Climb any tree or walk, stand, or sit upon any monument base, fountain, railing, fence, bridge, sign, or upon any other property not designated or customarily used for such purposes;
K. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, remove, possess or throw objects at any animal, reptile, or bird;
L. Remove or have in possession any wild animal, or any bird or fowl, or the eggs or nest or young of any reptile, wild animal, or bird;
M. Bring to, or drink in, a park any alcoholic beverage, except as provided in this title;
N. Enter or remain in a park while under the influence of intoxicating liquor or any drug;
O. Bring, or set off, or otherwise cause to explode or discharge or burn in a park any fireworks, whether safe and sane fireworks or not, or other flammable or explosive material, or discharge them or throw them into any park from land, or a vehicle, or building adjacent thereto, except persons conducting a City-sponsored or supported public fireworks display;
P. Be, remain, stay, or loiter in any public park or facility from sunset to sunrise (or beyond posted hours), except as authorized by the Director;
Q. Set up tents or other temporary shelters for the purpose of overnight camping, nor shall any person leave in a park or facility, after closing hours, any movable structure or vehicle to be used, or that could be used, for such purposes, such as a house trailer, motor home, camp trailer, or pickup camper, except as provided in this chapter or approved by the Director;
R. No person having the control or care of any dog shall suffer or permit such dog to enter or remain in a park (with the exception of an area so designated as off-leash), unless it is led by a leash of suitable strength not more than six (6') feet in length. The person owning, controlling, or having the custody of such dog shall be jointly and severally responsible for all damages caused by such dog and is responsible for removing and disposing of owner’s dog waste;
S. Lead, ride, drive, keep, or, let loose any animal, reptile, or fowl of any kind;
T. Make or kindle a fire for any purpose, except at places provided for campfires or barbecues, unless prior permission shall be obtained therefore from the Director, or leave a fire started by such person, or at Director’s direction, or used until such fire is completely extinguished;
U. Use, carry, or possess firearms of any description or air rifles, spring guns, bows and arrows, slings, knives or any other form of weapon potentially dangerous to wild life or to humans or shoot into park areas from beyond park boundaries;
V. No person shall discard or permit unattended any lighted cigar, cigarette, match, pipe or other flammable article.
W. Use or allow the use of powered model airplanes, model rockets, or racing cars, except in areas designated for such use or by permit.
X. Golfing or use of golf clubs is prohibited in any area of the park, except in areas so designated and posted.
Y. Indulge in riotous, boisterous, threatening, or indecent conduct;
Z. Dump, deposit, or leave any bottle, broken glass, ashes, paper box, can, refuse, or trash, except in the receptacles provided for such materials. Where such receptacles are not provided, all such materials shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. Household trash is not permitted in City receptacles;
AA. Bring to or have in such person's possession any alcoholic or non-alcoholic glass beverage container or bottle.
BB. Bringing portable barbecues into City Parks or facilities without a permit.
CC. Land hot air balloon, parachute, hang glider, aircraft, helicopter, or bungee jumping without permit.
DD. Use any amplification system unless a permit is first secured from the Director.
EE. Use interactive inflatable equipment without a permit.

7.02.200 Traffic and parking.

While in parks or facilities, no person shall:

A. Fail to comply with all the applicable provisions of the Vehicle Code of the State, in regard to equipment and the operation of vehicles, and the provisions of this Code;
B. Fail to obey all traffic officers and City employees authorized to direct traffic in the parks;
C. Fail to obey all traffic regulations concerning the use of vehicles or caution, stopping, parking, and all other signs posted for control or to safeguard life and property;
D. Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon roads designated by posted signs for different rates of speed;
E. Ride or drive any vehicle on any area, except paved roads or parking areas or other areas designated as temporary parking areas and posted for that use. A bicyclist may wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use;
F. Park a vehicle in other than an established or designated parking area or use a parking area in a manner not in accordance with the posted directions or the instructions of any attendant who may be present;
G. Ride any other person on a bicycle, except where the bicycle is built for operation by more than one person;
H. Leave a bicycle in a place other than a bicycle rack where a bicycle rack is provided and there is space available; and
I. Leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may ride, drive, or trip over it or be injured by it.

7.02.210 Advertising: Sale of merchandise.

No person in a park or on public property adjacent to a park shall do any of the following without a permit:

A. Expose, announce, advertise, call public attention to, or offer any article or food or drink for sale; nor shall he/she station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or food or drink in the park or on public property adjacent to such park; and
B. Paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription.

7.02.220 Donations/Dedications.

The donation of plants, facilities, fountains, sculptures, ponds, pools, or any other item or funds for such item for any park or facility shall follow the rules and policies approved by the City Council.

7.02.230 Excessive noise prohibited.

No person in a park or on public or private property adjacent to a park shall produce, suffer, or allow to be produced any unnecessary loud noise that disturbs the peaceful and quiet enjoyment of any person in a public park or surrounding neighborhood (Ord. 72 § 2, 1954).


Chapter 7.03 Trees and Shrubs

7.03.010 Purpose.

In the interest of public health, safety, general welfare and aesthetics, the purpose of this chapter is to provide a method for the proper care of trees and shrubs within the city and to define the powers and duties of the Director.

7.03.020 Parks and Recreation Director: Powers and duties.

The Director shall direct the kind and variety of landscape material to be planted in any public landscape areas, as per the current approved City of Brentwood Standard Plans and Specifications, Engineering Procedures Manual, Urban Forest Guidelines, or any other City approved specifications. The planting, trimming, and removing of trees and shrubbery upon the streets, public right of ways, and public places of the City are hereby vested in the Director. It is the duty of the Director to administer, control and regulate the street tree program of the city in accordance with the provisions of the Urban Forest Guidelines and this chapter. (Resolution 2490)

7.03.030 Permits required to trim or cut in public places.

It shall be unlawful for any person to trim, cut, mutilate, or injure any street or city-owned tree, or the roots or branches thereof, growing upon any public street, curb, or place in the City or to injure or impair the growth or life of any such tree, roots, or branches without a permit .

7.03.040 Permission required to install poles near trees.

It shall be unlawful for any person to install upon any street any telephone pole, electric light pole, or power pole within ten (10') feet of the trunk of any growing tree upon any street in the City without first having obtained permission from the Director to erect such pole within such limit of ten (10') feet.

7.03.050 Planting of Street Trees.

No street trees shall hereafter be planted, removed or replaced except in accordance with the Urban Forest Guidelines and the provisions of this chapter. (Resolution 2490)

7.03.060 Permits Required – Street Trees.

It shall be unlawful for any person to plant any tree or shrubbery on any street, public right of way (curb to curb or from back of sidewalk to back of sidewalk/curb where sidewalk exits only on one side of the street), park, or public place without first obtaining a permit to do so by applying for and receiving an encroachment permit from the Engineering Department. All work done pursuant to the permit shall be in compliance with all applicable City ordinances, resolutions, standards and specifications. The Director may attach conditions to the permit including the requirement to replace any street tree which is removed. Any person aggrieved by the denial of a permit or the conditions attached to it may appeal to the City’s designated Tree Board provided that such appeal is made in writing within five days of action. The appeal shall be heard by the City’s designated Tree Board no later than thirty (30) days after receipt of the appeal, at which time the City’s designated Tree Board may grant or deny the appeal. The action of the City’s designated Tree Board may be appealed to the City Council, whose decision shall be conclusive and final.
7.03.070 Maintenance – Street Trees.

All street tree maintenance shall be the responsibility of the property owner. No permit is required for routine maintenance. Routine maintenance includes minor pruning and trimming, tree feeding, spraying, and watering. If a street tree dies, it is the property owner’s responsibility to replace with a tree of the same kind or one that is listed in the Urban Forest Guidelines. All tree maintenance work shall conform to the International Society of Arboriculture Guidelines.

7.03.080 Nuisance – Street Trees.

Upon a determination by the Director that a street tree has become a hazard to pedestrian or vehicular traffic by obstructing vision or impairing necessary clearance, or in any manner endangering the use of any public street, sidewalk, sewer, waterline or other public property so as to constitute a public nuisance, written notice shall be given to the owner of the property upon which the nuisance tree fronts to remove or otherwise control such tree in such manner as will abate the nuisance. The cost of repair or replacement of public facilities is the responsibility of the property owner. Repair or replacement of sidewalks, curb and gutter or parking area shall be done in conformance with Title 22 of the California Streets and Highway Code Maintenance of sidewalks, as amended. (Ord. 280 §2 (part), 1977)

7.03.090 Trees overhanging public places.

It shall be the duty of every person having charge or control of any lot or premises, either as owner, agent, lessee, tenant, or otherwise, on which trees are growing but which overhang any public street, alley, or place to trim such trees where they overhang any public street, alley, or place so there shall be a clear space thereunder of at least eight feet (8’) above a sidewalk and twelve feet (12’) between the lowest limb or foliage of such trees and the public street, alley, or place. A permit is not required for routine maintenance.

Should any such person fail, neglect, or refuse to trim any such tree, the Director shall have the power to cause such tree to be trimmed in accordance with the requirements of this section. The cost of such work shall be charged to, and become a valid claim against, the person having charge or control of the lot or premises, either as owner, agent, lessee, tenant, or otherwise, and shall be recoverable in any court of competent jurisdiction.

7.03.100 Interpretation of provisions.

The provisions of this chapter shall not be construed as a limitation on the power lawfully vested in the Council to cause the removal of any shrubs or trees if, in the opinion of the City Council, it is necessary to remove the same for the purpose of improving any street or alley or for any other lawful cause that encroach within the City’s right of way.

7.03.110 Mutilation of trees unlawful.

It shall be unlawful for any person to mutilate or cause damage to any street tree except for work in conformance with this chapter. (Ord. 280 § 2 (part), 1977)

7.03.120 Violation – Penalty – Continuing offenses.

Any person violating any of the provisions of this chapter or who causes, allows or permits any violation of this chapter is guilty of an infraction and upon conviction thereof shall be punishable by a fine of at least five hundred dollars or as provided by B.M.C. Chapter 1.08, whichever amount is more.

Chapter 7.04 (Intentionally Left Blank)

Chapter 7.05 Recreation

7.05.010 City of Brentwood Recreation Service Area: Established.

The City of Brentwood Service Area is hereby authorized and established for conducting recreation and activity programs pursuant to policies and guidelines established by the City Council of the City of Brentwood and effectuated by the City of Brentwood Parks and Recreation for use of City and School District facilities and for enrollment in City sponsored and co-sponsored recreation activities.

7.05.020 City of Brentwood Service Area: Boundaries.

As of the effective date of this section, the City of Brentwood Service Area Boundaries shall be the Brentwood city limits. The City of Brentwood Service Area Boundaries may be amended from time to time by resolution of the City Council of the City of Brentwood with input and recommendation by the Parks and Recreation Commission.

7.05.030 City of Brentwood Service Area: Policy: Fees.

A. The Director, with recommendation(s) from the Parks and Recreation Commission, shall establish, adopt and amend guidelines, policies, rules and regulations for the use of facilities within the boundaries of the City of Brentwood Service Area.
B. The City Council may by resolution, with recommendation(s) from the Parks and Recreation Commission, set fees for participation in recreation programs sponsored or co-sponsored by the City and held at facilities within the boundaries of the City of Brentwood Service Area.

7.05.040 Organized Leagues.

Organized league play in City of Brentwood parks and facilities is by permit only. An organized league is defined as a group of more than 10 players or a group that holds games on a regular schedule. An organized league is self-supportive and self-administered and shall furnish all necessary materials, finances, and workers to organize, conduct and administer its’ own program. Organized leagues must adhere to the safety and liability rules and regulations for use of available fields set by the City of Brentwood. All coaches, parents, and participants must adhere to the “Code of Conduct” that has been adopted by the Parks and Recreation Commission. The City of Brentwood reserves the right to identify specific parks and facilities for organized league use for games and/or practices.

Chapter 7.06 Trails

7.06.010 Vehicle regulations.

When riding on a city trail, all vehicles shall be ridden, driven, or operated on the right-hand side of the road paving, as close as physical conditions permit, and shall be kept in single file when two (2) or more are operating as a group. Operators shall at all times operate their vehicles when upon a city trail with reasonable regard to the safety of others, signal all turns, pass to the left of any vehicle or pedestrian they are overtaking, and pass to the right of any vehicle they may be meeting.

7.06.020 Trail rules.

When on a city trail, trail users shall abide by the following rules:

A. Be safe, considerate, and aware of your impact on the park and other trail users.
B. The trails are to be used only during the period between dawn to dusk, unless there is approval by the Director for use other than during this period.
C. Motorized vehicles are prohibited, except authorized city vehicles or trails so designated and posted.
D. Bicycles are permitted only on paved roads and on paved and unpaved multi-use trails.
E. Bicycles are prohibited on trails that are designated for hiking and horseback riding use only.
F. Excessive speed or reckless trail use are prohibited.
G. Bicyclists shall reduce speed and call out, or ring their bell before passing.
H. Bicyclists under 18 years of age are required to wear a helmet. Helmets are recommended for adult Bicyclists and equestrian users.
I. Bicyclists shall be equipped with standard bicycle reflectors and light for hours of darkness.
J. Trail users should call out and wait for instructions before passing an equestrian user.
K. Trail users shall keep to the right and go single file on curves.
L. Dogs must be leashed and under control at all times.
M. Owners of dogs shall dispose of their dog’s waste in appropriate waste containers.
N. Open containers or consumption of alcoholic beverages are not permitted.
O. Hunting or shooting is prohibited.
P. All plants and wildlife shall be left alone and are protected by law.
Q. Advertisements shall not be posted.

Chapter 7.07 Applicability of Other Laws

7.07.010 Applicability of Other Laws.

Nothing in this Title 7 shall exempt any person from applicable provisions of any other laws of this state or the City.

SECTION 2. Deletion of B.M.C. Chapter 9.48 and Chapter 12.16.

Brentwood Municipal Code Chapter 9.48, Use of City Park and Chapter 12.16, Street Trees are hereby deleted in their entirety.

SECTION 3. Constitutionality or Severability.

If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s) or word(s) be declared invalid.

SECTION 4. Savings Clause.

The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance.

FIRST READING WAIVED by the City Council of the City of Brentwood at a regular meeting on the 9th day of November, 2004

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 14th day of December, 2004 by the following vote:
 

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