For purposes of this chapter, the following words, terms, and/or phrases shall be defined as follows:
"City official"
means the city manager, director of community development or the director of public works, or their respective agents, deputies or designees.
"City-owned trail(s)"
means a trail owned by, or dedicated and accepted by, the city of La Cañada Flintridge, or a trail located on an easement that has been accepted by the city. City-owned trails are herein designated as a city "park/recreational facility" as provided under this code.
"Non-city-owned trail(s)"
means a trail which is not a city-owned trail.
"Person"
means an individual or entity (excluding public utilities or governmental agencies or their employees and agents including, but not limited to, public safety and maintenance personnel while engaged in official duties on behalf of the utility or agency).
"Trail(s)"
means any pathway, avenue, course, accessway or route, improved or unimproved, commonly used for hiking, walking, horseback riding or other recreational purpose and identified as a "trail" on the city trail map, as may be amended from time to time. Trail(s) includes both city-owned trails and non-city-owned trails, as defined in this section.
(Ord. 355 § 1, 2006)
To the extent allowed by law, this chapter shall apply to all trails within the boundaries of the city:
A. 
With respect to city-owned trails, Section 4.64.030(A) shall apply;
B. 
With respect to non-city-owned trails, Section 4.64.030(B) shall apply; and
C. 
With respect to all persons owning or controlling property abutting or adjoining any trail, Section 4.64.030(C) shall apply.
(Ord. 355 § 1, 2006)
It is unlawful for any person to engage in the following conduct or activity:
A. 
Conduct on a city-owned trail.
1. 
No person shall start or maintain a fire on a city-owned trail.
2. 
No person shall smoke or discard any lighted match, lighter, or tobacco product, or any other burning or combustible material, on a city-owned trail.
3. 
No person shall place any solid or liquid waste on a city-owned trail without first obtaining written permission from a city official.
4. 
No person shall drive or operate motorized vehicles including, but not limited to, cars, trucks, motorcycles, motorbikes, go-carts, all-terrain vehicles, Bobcats, tractors, scooters with a motor, or electric vehicles, on a city-owned trail without first obtaining written permission from a city official (wheelchairs, authorized maintenance or utility vehicles, and emergency vehicles are exempt from this subsection.)
5. 
No person shall dig or plow on any portion of a city-owned trail, in any manner, without first obtaining the written permission from a city official.
6. 
No person shall place, or allow to remain in place, any litter or debris, including, but not limited to, nonequine waste and/or construction materials, generated directly or indirectly by that person's use of such city-owned trail.
7. 
No person shall obstruct any portion of a city-owned trail in any manner including, but not limited to, the use of materials, plants, signs, or vehicles.
8. 
No person shall use a city-owned trail for the purpose of obtaining ingress and/or egress to/from his or her property for construction purposes without first obtaining the written permission from a city official (unless such access is specifically granted to such person pursuant to the documents creating the city-owned trail.)
9. 
No person shall place or erect any structure on a city-owned trail without first obtaining written permission from a city official.
10. 
No person shall plant oleander, yew, cacti, castor bean plant or any poisonous or potentially harmful species, on or within five feet of a city-owned trail.
11. 
No person may bring a dog and/or cat onto a city-owned trail unless such dog and/or cat is kept on a leash or chain not longer than six feet in length and is kept under full control of its owner or custodian.
12. 
No person shall place or erect a sign or placard on a city-owned trail without first obtaining written approval from a city official.
13. 
No person shall mark, disfigure, destroy, damage, remove or tamper with any trail sign located on a city-owned trail.
14. 
No person shall possess, consume or distribute alcohol or an open container of alcohol on a city-owned trail except with a permit issued pursuant to Chapter 4.05 of this code.
15. 
No person shall fail to yield on a city-owned trail as follows: pedestrians, including hikers, shall yield the right-of-way to equestrians. Bicyclists shall yield the right-of-way to equestrians and pedestrians, including hikers.
16. 
No person shall operate a bicycle or ride a horse in a negligent, unsafe or reckless manner such that his or her conduct would endanger any person or property on a city-owned trail.
17. 
No person shall possess, shoot, fire, discharge, or cause to be possessed, shot, fired or discharged, any rifle, shotgun, pistol, revolver, firearm, or other device designed or intended to discharge, or capable of discharging, any missile, cartridge, shell, ammunition, paintball, pellet, BB, or other device capable of penetrating human epidermal, on a city-owned trail.
B. 
Conduct on a Non-City-Owned Trail.
1. 
No person shall start or maintain a fire on a non-city-owned trail.
2. 
No person shall smoke or discard any lighted match, lighter or tobacco product, or any other burning or combustible material, on a non-city-owned trail.
3. 
No person shall place any solid or liquid waste on a non-city-owned trail without first obtaining written permission from the property owner of such non-city-owned trail.
4. 
No person shall drive or operate motorized vehicles including, but not limited to, cars, trucks, motorcycles, motorbikes, go-carts, all-terrain vehicles, Bobcats, tractors, scooters with a motor, or electric vehicles on a non-city-owned trail without first obtaining written permission from the property owner of such non-city-owned trail (wheelchairs, authorized maintenance or utility vehicles, and emergency vehicles are exempt from this subsection.)
5. 
No person shall dig or plow on any portion of a non-city-owned trail, in any manner, without first obtaining written permission from the owner of such non-city-owned trail.
6. 
No person shall place, or allow to remain in place, any litter or debris, including, but not limited to, nonequine waste and/or construction materials, generated directly or indirectly by that person's use of such non-city-owned trail.
7. 
No person shall obstruct any portion of a non-city-owned trail in any manner including, but not limited to, the use of materials, plants, signs, or vehicles.
8. 
No person shall use a non-city-owned trail for the purpose of obtaining ingress and/or egress to/from his or her property for construction purposes without first obtaining written permission from the owner of such non-city-owned trail (unless such access is specifically granted to such person pursuant to the documents creating the non-city-owned trail.)
9. 
No person shall place or erect any structure on a non-city-owned trail without first obtaining written permission from the owner of such non-city-owned trail.
10. 
No person shall plant oleander, yew, cacti, castor bean plant or any poisonous or potentially harmful species, on or within five feet of a non-city-owned trail.
11. 
No person may bring a dog and/or cat onto a non-city-owned trail unless such conduct is expressly permitted by the owner of such non-city-owned trail and the dog and/or cat is kept on a leash or chain not longer than six feet in length and such dog and/or cat is kept under full control of its owner or custodian.
12. 
No person shall place or erect a sign or placard on a non-city-owned trail without first obtaining written approval from the owner of such non-city-owned trail.
13. 
No person shall mark, disfigure, destroy, damage, remove or tamper with any trail sign located on a non-city-owned trail.
14. 
No person shall possess, consume or distribute alcohol or an open container of alcohol on a non-city-owned trail except with a permit issued pursuant to Chapter 4.05 of this code.
15. 
No person shall fail to yield on a non-city-owned trail as follows: pedestrians, including hikers, shall yield the right-of-way to equestrians. Bicyclists shall yield the right-of-way to equestrians and pedestrians, including hikers.
16. 
No person shall operate a bicycle or ride a horse in a negligent, unsafe or reckless manner such that his or her conduct would endanger any person or property on a non-city-owned trail.
17. 
No person shall possess, shoot, fire, discharge, or cause to be possessed, shot, fired or discharged, any rifle, shotgun, pistol, revolver, firearm, or other device designed or intended to discharge, or capable of discharging, any missile, cartridge, shell, ammunition, paintball, pellet, BB, or other device capable of penetrating human epidermal, on a non-city-owned trail.
C. 
Conduct on Property Adjoining and Abutting Trails.
1. 
No person shall plant oleander, yew, cacti, castor bean, plant or any poisonous or potentially harmful species, on or within five feet of a trail.
2. 
No person shall allow his or her trees (except where the tree is a protected species as identified in Chapter 4.26 of this code) to encroach upon the free use and enjoyment of a trail including, but not limited to, allowing trees or vegetation to overhang a trail below a height of ten feet over the trail bed.
3. 
No person shall allow his or her trees or vegetation to block or impinge upon reasonable line-of-sight views of trail users including, but not limited to, equestrians on horseback who are crossing a street or roadway. Clearance levels shall be determined by a city official.
4. 
No person shall drain, or allow the flow of water from, a pool, spa, shower, bath, kitchen, laundry, bathroom, or any form of sewage, onto a trail. No person shall build, maintain, or use a pipe, drain or artificial device, or regrade their property in such a manner as to result in a concentrated or non-sheet flow of surface water including, but not limited to, landscape and irrigation system drainage, onto a trail. Nothing in this chapter shall prohibit the nonconcentrated draining of stormwater from adjoining property onto a trail provided that such flow has not been artificially diverted onto the trail.
5. 
No person shall install any type or kind of irrigation system, other than drip irrigation, within five feet of a trail.
6. 
No person shall allow sprinklers or irrigation systems to spray, seep, or flow onto a trail.
7. 
Notwithstanding any provision of the city's building or zoning codes, no person shall erect or modify a fence or wall within five feet of a trail, regardless of the height of the fence or wall, without having first obtained a building permit from the building and safety division. No building permit shall be issued for a fence which is determined by a city official to be hazardous to trail users or horses on the trail, including, without limitation, barbed wire fencing and sharp or pointed wrought iron fencing. No fence or wall located within five feet of a trail shall be covered with fabric, wood sheeting, or plastic sheeting unless expressly approved by a city official.
(Ord. 355 § 1, 2006)
A. 
Misdemeanor and Infraction Characterization.
1. 
Violation of Section 4.64.030(A) and/or (B)(1), (5), (7), (9), (10), (12), (13), (14), (17), and/or (C)(1), (2), (3), (4), (5) and/or (7), shall constitute a misdemeanor.
2. 
Violation of Section 4.64.030(A) and/or (B)(2), (3), (4), (6), (8), (11), (15), (16), and/or (C)(6), shall constitute an infraction.
3. 
Violation of Section 4.64.030(A)(3) and/or (B)(3), shall constitute a misdemeanor if the solid waste involved is more than three cubic feet in size or the liquid waste involved is more than one gallon.
4. 
Violation of Section 4.64.030(A)(7) and/or (B)(7), shall constitute an infraction if the obstruction involved is in place for less than three hours.
5. 
Violation of Section 4.64.030(A)(8) and/or (B)(8), shall constitute a misdemeanor for the fourth and subsequent violation(s).
6. 
Violation of Section 4.64.030(A)(12) and/or (B)(12), shall constitute an infraction if the sign or placard is temporary and made of paper or cardboard.
B. 
Penalty.
1. 
A misdemeanor under this chapter shall be punishable as provided under this code.
2. 
An infraction under this chapter shall be punishable as provided under this code; however, any person who has committed seven violations of this chapter, regardless of the amount of time between such violations, shall be guilty of a misdemeanor for each and every subsequent violation and may be punished as such as provided under this code.
C. 
Prosecutorial Discretion. Any offense that is designated a misdemeanor under this chapter may be prosecuted as an infraction provided that the prosecuting attorney files a complaint charging the offense as an infraction and the defendant, at the time of arraignment, does not object to having the case proceed as an infraction.
(Ord. 355 § 1, 2006)