Lafayette Municipal Code Art. 1 General

(a) This chapter is based on the following findings:

(1) The city of Lafayette has established trails and trail easements for public passage and enjoyment as set forth in the Lafayette Trails Master Plan.

(2) The goal of preserving trails and trail easements and protecting the enjoyment and safe passage upon trails is a legitimate governmental objective.

(3) This goal will be served by enabling the city to enforce the trail and trail easement restrictions and use regulations set forth in this chapter pursuant to all available mechanisms for enforcement in this code, including, without limitation, its administrative citation ordinance set forth in chapter 1-9 of this code and its code enforcement ordinance set forth in chapter 8-21 of this code.

(b) The purpose of this chapter is to preserve the city's trails and trail easements and to protect the health, safety and welfare of persons passing upon and otherwise using the trails.

(Ord. No. 602, § 3, 3-12-2012)

For purposes of this chapter, the following definitions shall apply:

(a) "Code enforcement officer" or "officer" shall mean the city employee or employees designated by the city manager to implement the provisions of this chapter.

(b) "Developer" shall mean a person or persons contracted to improve or develop a certain parcel of real property.

(c) "Director" shall mean the director of the parks and recreation department of the city or the director's authorized representative or designee.

(d) "Owner" shall mean the owner or owners of record of real property as shown on the latest county equalized assessment roll; the lessee, tenant or other person having control or possession of real property that contains, includes, abuts or is adjacent to a trail or trail easement; the mortgagee under a recorded deed of trust; and any other person having a recorded beneficial or legal interest in such real property.

(e) "Other power-driven mobility devices" shall mean any mobility device powered by batteries, fuel, or other engines - whether or not designed primarily for use by individuals with mobility disabilities as defined by the Americans with Disabilities Act of 1990 ("ADA"), for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices, such as the Segway PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of the ADA.

(f) "Person" shall mean any individual, group, firm, partnership, corporation, joint venture, company, club, association, society, league, and any other organization.

(g) "Trail easement" or "trails" shall mean an easement, or any portion of an easement, belonging to the city upon which the city intends to develop a trail consistent with the Lafayette Trails Master Plan."

(h) "Trail" shall mean all public trails or portions thereof developed by the city of Lafayette on property owned by the city, whether in fee or as an easement.

(Ord. No. 602, § 3, 3-12-2012)

This chapter shall apply to all trails and trail easements.

(Ord. No. 602, § 5, 3-12-2012)

(a) A violation of this chapter constitutes a public nuisance. The city may enforce any violation of this chapter in accordance with chapters 1-9 and/or 8-21 of this code, including by abatement of the violation pursuant to the procedures set forth in chapter 8-21.

(b) The remedies set forth above shall be in addition to all other legal remedies available to the city to address a violation of this chapter or this code, in the city's sole discretion.

(Ord. No. 602, § 6, 3-12-2012)