Chino Hills Municipal Code Ch. 12.32 City-Owned Open Space Use Regulations

Footnotes:

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Editor's note— Ord. No. 350, § 1, adopted Feb. 25, 2020, repealed former Ch. 12.32, §§ 12.32.010—12.32.130, and enacted new provisions as herein set out. Former Ch. 12.32 pertained to similar subject matter and derived from Ord. No. 97, § 1, 1997; Ord. No. 323, §§ 1, 2, 3-13-2018.

The following words shall have the meaning indicated when used in this chapter:

"Amplified sound" means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers.

"City-Owned Open Space" means all property owned by the City of Chino Hills, including both preserved natural ecological habitat and City-maintained landscaped areas, except for City parks and public facilities such as the City Hall and City Yard or the area within the dedicated right-of-way for public streets and highways.

"Council" means the City Council of the City of Chino Hills, or any person authorized by the Council, pursuant to law, to act in its stead.

"Director" means any director of any Department of the City of Chino Hills.

"Electronic smoking device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such 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.

"Equine Animal" means a horse or other member of the horse family.

"Other Power-Driven Mobility Device" or "OPDMD" means any mobility device powered by batteries, fuel, or other engines whether or not designed primarily for use by individuals with mobility disabilities that is used by individuals with mobility disabilities for the purpose of locomotion. This includes, but is not limited to, electric assisted bikes (EABs), motorcycles, golf carts, electronic personal assistance mobility devices (EPAMDs), such as the Segway PT, or any mobility device designed to operate in areas with pedestrian routes, but that is not a wheelchair within the meaning of this section.

"Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization and human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, or nicotine, and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke and electronic smoking device vapors.

"Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation.

"Vehicle" means any device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power, including, but not limited to cars, trucks, trailers, recreation vehicles, golf carts, all-terrain vehicles (ATV), off-road motor bicycles, motorized scooters, electric bicycles, or other power driven mobility devices.

"Vehicular travel" means to move in a given direction or path through a given distance by way of a vehicle.

"Wheelchair" means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor and/or outdoor locomotion.

"Wildlife Animals" means undomesticated animals living in the wild including, but not limited to coyotes, raccoons, deer, opossums, feral cats, geese, ducks, foxes, squirrels, snakes, rats, and mice.

(Ord. No. 350, § 1, 2-25-2020)

A. Hours of City-Owned Open Space use shall begin thirty (30) minutes before sunrise and end thirty (30) minutes after sunset. No person shall remain in any City Owned-Open Space between thirty (30) minutes after sunset and thirty (30) minutes before sunrise unless authorized by a special event permit pursuant to Chapter 12.36 of this Code. This restriction does not apply to City personnel or personnel in organizations in the service of the City such as animal control, law enforcement, or fire personnel in the performance of their official duties.

B. The City Manager may prohibit persons in certain posted areas in the City-Owned Open Space in the interest of public health, safety, comfort, and welfare, or the purpose of habitat protection.

(Ord. No. 350, § 1, 2-25-2020)

A. No person other than peace officers acting in their official duties, shall discharge firearms in the City-Owned Open Space. No person shall carry firearms in the City-Owned Open Space other than peace officers or individuals who are listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Penal Code Section 11106 as the registered owner of the pistol, revolver, or other firearm capable of being concealed upon the person.

B. No person shall set off firecrackers, rockets, toy rockets, model rockets, torpedoes, or other types of explosives in the City-Owned Open Space.

C. No person shall carry or discharge paintball guns, pellet guns, any sling shot or similar device, any bows and arrows in the City-Owned Open Space, or carry or use any other object capable of propelling a projectile in the City-Owned Open Space, or carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of the City-Owned Open Space, or bring into the City-Owned Open Space any of the above objects or articles.

(Ord. No. 350, § 1, 2-25-2020)

The provisions of the Deadly Weapons Recodification Act of 2010, Penal Code Section 16000 et seq., apply to the City-Owned Open Space and shall be enforced and prosecuted in accordance with the provisions of such law.

(Ord. No. 350, § 1, 2-25-2020)

A. No person shall mark, write upon, paint, deface, pluck, pull up, cut, take, or remove any building, tree, shrub, bush, plant, flower, rock, cage, pen, monument, fence, bench, or other structure, apparatus, or property in the City-Owned Open Space.

B. No person shall build or add trail features, structures, or buildings in the City-Owned Open Space without permit approval through the City.

C. Notwithstanding the above, the prohibitions set forth in this section do not apply to City personnel or personnel in organizations in the service of the City such as animal control, law enforcement, or fire personnel in the performance of their official duties.

(Ord. No. 350, § 1, 2-25-2020)

No person shall cut, dig, or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer in the City-Owned Open Space, except City personnel or personnel in organizations in the City such as animal control, law enforcement, or fire personnel, in the performance of their official duties.

(Ord. No. 350, § 1, 2-25-2020)

In addition to any federal or state penalty or fine, no person shall swim, fish, bathe, wade, release pet animals in, or pollute discharge, or release any substance or liquid into any water, fountain, pond, lake, stream, or reservoir in the City-Owned Open Space except by permission of a Director.

(Ord. No. 350, § 1, 2-25-2020)

No person shall light, ignite, make or maintain a fire in the City-Owned Open Space.

(Ord. No. 350, § 1, 2-25-2020)

No person shall urinate, defecate, wash dishes, or dispose of items, including but not limited to salt water, biohazardous materials, or other waste liquids, garbage, cans, bottles, papers, or other refuse in the City-Owned Open Space, except that garbage may be disposed of in the waste receptacles provided for that purpose.

(Ord. No. 350, § 1, 2-25-2020)

No person shall drive or operate a motorized vehicle in the City-Owned Open Space, except for the following:

A. Motorized Wheelchairs or Other Power-Driven Mobility Devices used by individuals with mobility disabilities for the purpose of locomotion on designated trails; and

B. Official City vehicles, police department vehicles, fire district vehicles, utility company vehicles, animal control vehicles, and United States Forest Service vehicles or motor-propelled devices while upon official duties.

(Ord. No. 350, § 1, 2-25-2020)

Unmanned aircraft or vehicles including, but not limited to, drones, model aircrafts, remote-controlled cars, or remote-controlled watercraft toys, are not permitted to take-off or land in any City-Owned Open Space unless authorized by the City Manager or their designee because such activity is for City purposes.

(Ord. No. 350, § 1, 2-25-2020)

No person shall smoke tobacco, electric smoking devices, cigarettes, pipes, or cigars in any City Owned-Open Space.

(Ord. No. 350, § 1, 2-25-2020)

In the City-Owned Open Space no person shall hunt, feed, molest, harm, frighten, kill, trap, chase, tease, shoot or throw devices at any animal or bird, nor shall any person remove or have in their possession any wild animals, or the eggs, or nest or young of any animal or bird. This section shall not apply to City or law enforcement, fire district or animal control personnel in performance of their official duties.

(Ord. No. 350, § 1, 2-25-2020)

A. No person shall cause, permit, or allow any animal owned or possessed by them or animals in their custody or control to be present in the City-Owned Open Space except:

1. Equine animals being led or ridden under reasonable control upon any trails, provided that the trails are designated and identified for equine purposes; or

2. Equine or other animals which are hitched or fastened at a place expressly designated for such purpose; or

3. Dogs or cats when led by a cord or chain no more than six feet long; or

4. Service animals including, but not limited to, specially trained animals that meet the following requirements:

i. Used by blind or disabled persons to aid and guide them; and

ii. Led by a cord or chain no more than six (6) feet long, unless cord or chain would interfere with the service animal's work or the individual's disability prevents using these devices.

5. Small pets weighing five (5) lbs. or less, which are kept on the person of the possessor at all times; or

6. In connection with activities authorized in writing by the City Manager or designee; or

7. Animals grazing pursuant to an agreement approved by City Council; or

8. Fowls or animals turned loose at the direction of the City Manager or designee.

B. The City Manager may prohibit animals in certain posted areas in the City-Owned Open Space in the interest of public health, safety, comfort, and welfare, or the purpose of habitat protection.

C. Violations of this section shall be an infraction.

(Ord. No. 350, § 1, 2-25-2020)

A. It shall be the mandatory duty of all persons owning, possessing, in control of or otherwise responsible for a small pet, dog, cat, or an equine animal in the City-Owned Open Space to promptly collect, pick up and remove all fecal matter left behind by the animal in or upon any City-owned open space; provided, however this subsection shall not apply to guide dogs for blind or disabled persons or to equine animals on a designated trail.

B. Violations of this section shall be an infraction.

(Ord. No. 350, § 1, 2-25-2020)

No person shall maintain, erect, or permit the erection of any hut, shanty, tent, tarpaulin, or other type of temporary structure at or upon the City-Owned Open Space.

(Ord. No. 350, § 1, 2-25-2020)

A. On City-Owned Open Space, all persons shall stay on designated trails and shall minimize the disturbance of and impact on adjacent private property and natural habitat.

B. Use of non-motorized bicycles in the City-Owned Open Space is permitted but restricted to areas and trails designated for bicycle use.

1. Non-motorized bicycles shall be operated in a safe manner at a speed not in excess of eight (8) mph on straightaways and five (5) mph around corners and on hills.

C. On City-Owned Open Space trails, all persons shall yield the right-of-way as follows: horses have right of way, then pedestrians (including wheelchairs and OPDMDs used by individuals with mobility disabilities for the purpose of locomotion), then bicyclists.

D. If persons are approaching equestrians, pedestrians, and bicyclists from behind on trails on City-Owned Open Space, they shall pass from the left and give an audible signal when passing. The signal shall be produced in such a manner as to allow adequate time for response and may be given by voice, bell, or horn. When passing a horse, a person shall not ring a bell or blow a whistle but must make an audible noise sufficient to be heard by the rider.

E. All persons hiking in a large group shall hike so that the group does not take up more than half of the width of the trail on City-Owned Open Space.

F. Violations of this section shall be an infraction.

(Ord. No. 350, § 1, 2-25-2020)

A. No person shall conduct any organized event or activities in the City-Owned Open Space including but not limited to cross country events, or athletic competitions, without first obtaining a special events permit pursuant to Chapter 12.36 Special Events.

B. The City Manager may submit a schedule of fees and charges to be imposed for the use of the City-Owned Open Space for special events, in addition to the special events permit fee, which fees and charges shall be effective upon adoption thereof by resolution of the City Council. The department in charge of City-Owned Open Space special event permits shall collect fees and charge for its use.

(Ord. No. 350, § 1, 2-25-2020)

No person shall use any City-Owned Open Space as a primary launch site for hot air balloons unless approved by City Manager or designee.

(Ord. No. 350, § 1, 2-25-2020)

No person shall possess or consume any alcoholic beverage within any City-Owned Open Space.

(Ord. No. 350, § 1, 2-25-2020)

It is unlawful for any person to install, use, and operate a loudspeaker or any sound amplifying equipment in the City-Owned Open Space, unless authorized through a special event permit. This section shall not apply to City, law enforcement personnel, fire district or animal control personnel in their official duties.

(Ord. No. 350, § 1, 2-25-2020)

A. Except in the service of the City and authorized by a Director or designee, no person shall photograph, videotape, or film for commercial (profit or sale) purposes in any City-Owned Open Space without obtaining a City issued film permit.

B. Violations of this section shall be an infraction.

(Ord. No. 350, § 1, 2-25-2020)

The provision of the California Uniform Controlled Substances Act apply to the City-Owned Open Space and shall be enforced and prosecuted in accordance with the provisions of such act.

(Ord. No. 350, § 1, 2-25-2020)

All persons in the City-Owned Open Space must comply at all times with all the City regulations applicable to City-Owned Open Space set forth in this chapter and with all other applicable laws, ordinances, rules and regulations.

(Ord. No. 350, § 1, 2-25-2020)

A. No person shall practice, carry on, conduct, or solicit for any occupation, business, or profession in any City-Owned Open Space. This section shall not apply to any person acting pursuant to a contract with the City, or under a permit granted by the Director.

B. Violations of this section shall be an infraction.

(Ord. No. 350, § 1, 2-25-2020)

A. Every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter is designated as a misdemeanor unless otherwise specifically made an infraction, subject to punishment in accordance with Section 1.36.010 et seq. of this code.

B. Every act prohibited by Section 12.32.030 or 12.32.040 of this code shall subject the possessor of the prohibited item(s) to confiscation of that/those items(s).

(Ord. No. 350, § 1, 2-25-2020)