Chapter 18
PUBLIC PARKS

Sections:

18.1    Definitions.

18.2    Injury to or nuisance to park property prohibited.

18.3    Dumping trash and refuse and polluting waters prohibited.

18.4    Operation of vehicles.

18.5    Conduct; acts prohibited.

18.6    Intoxicating liquor.

18.6-1    Possession of glass beverage containers in city parks.

18.7    Park hours.

18.8    Closing parks or sections thereof.

18.9    Exclusive use, extended use: Permits, fees and deposits.

18.10    Parks and recreation facilities rules and regulations.

18.1 Definitions.

For the purposes of this chapter the following words are defined as follows:

(1) “City” means the City of Gilroy.

(2) “Director” means the director of the recreation department.

(3) “Park” means a park, reservation, playground, swimming pool, recreation center or any other area in the city, owned or used by the city and devoted to active or passive recreation.

(4) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

(5) “Vehicle” means any wheeled conveyance, whether motor-powered, drawn, or self-propelled, of any size, kind or description except for baby carriages and vehicles in the service of the city. (Ord. No. 1008, § 1, 2-19-74; Ord. No. 2014-17*, § 1, 12-1-14)

*    Code reviser’s note: Ord. No. 2014-17, amending the definition of “Director,” terminates after December 31, 2017. Section V of Ordinance 2014-17 provides, “Unless extended by an action of the City Council, the provisions of this Ordinance shall terminate in three (3) years, and shall be of no further force and effect after December 31, 2017.”

18.2 Injury to or nuisance to park property prohibited.

No person shall:

(a) Injure, mark, deface, remove or tamper with any structure, sign, pavement, equipment or other facility or improvement in a park.

(b) Injure, molest, chase, kill, capture, propel missiles at or offer a noxious substance to any animal, bird, fish or reptile, nor injure, remove or tamper with its eggs, nest or burrow, in a park, except that known poisonous reptiles such as rattlesnakes may be killed on sight.

(c) Injure, mark, deface, remove or tamper with any tree, shrub, plant, flower, berry, seed or lawn in a park, or attach any rope, wire, or other contrivance to any tree or plant.

(d) Injure, mark, deface, remove or tamper with sand, soil, stones, fallen timber or natural landscaped materials in a park.

Violation of this section shall be a misdemeanor. (Ord. No. 1008, § 1, 2-19-74; Ord. No. 94-3, § I, 3-21-94)

18.3 Dumping trash and refuse and polluting waters prohibited.

No person shall:

(a) Dump, deposit or leave any trash or refuse anywhere in a park except in receptacles provided for that purpose. If receptacles provided are insufficient to accommodate trash and refuse, the person responsible for its presence in the park shall remove it for proper disposal elsewhere.

(b) Discard or discharge any solid or liquid substance or pollutant into any fountain, pond, lake, stream or similar waters, or into a drain discharging into such waters, in a park.

Violation of this section shall be a misdemeanor. (Ord. No. 1008, § 1, 2-19-74; Ord. No. 94-3, § I, 3-21-94)

18.4 Operation of vehicles.

No person shall:

(a) Operation a vehicle in violation of posted stop, direction and other traffic signs, nor in excess of ten (10) miles per hour in a park, except that the maximum speed on designated park roads shall be as posted.

(b) Operate a vehicle in any area other than paved park roads and parking lots, nor park a vehicle in other than a designated permanent or temporary parking area in compliance with posted directions and the instructions of traffic or parking attendants.

(c) Ride a bicycle other than on the right edge of a paved park road or single file on a designated bicycle path. Bicycles may be pushed or wheeled over pedestrian trails or lawns.

(d) Cyclists shall not ride any other person on their bicycles, shall pass to the left of overtaken vehicles and to the right of approaching vehicles, shall give directional hand signals and shall at all times operate their vehicles with due regard for the safety of other persons.

(e) Park a bicycle other than in a bicycle rack if available, nor at any time lean a bicycle against a tree or shrub, nor leave it lying on a lawn or paved area or other location where other persons may trip over or be injured by it. (Ord. No. 1008, § 1, 2-19-74)

18.5 Conduct; acts prohibited.

No person in a park shall:

(a) If over eight (8) years of age, use a restroom designated for the opposite sex except as permitted by law to assist a disabled person.

(b) Enter any area posted for nonadmittance or nonuse by the public without prior written permission of the director.

(c) Erect, construct, install or post any structure, wire, pipe or sign of any kind whatsoever without prior written permission of the director.

(d) Climb upon any tree, structure, monument or fixture not designated for such use without prior written permission of the director.

(e) Swim or wade, except in pools or areas designated for that purpose without prior written permission of the director.

(f) Kindle a fire, except in facilities specifically provided for that purpose, or leave a picnic or other area before a fire is completely extinguished without prior written permission of the director.

(g) Gamble or participate in a game of chance for anything of value without prior written permission of the director.

(h) Bring into a park, or permit to enter, any animal, fowl or reptile, without prior written permission of the director, except that a dog secured on a leash not more than six (6) feet in length shall be permitted on the condition that the owner and person having custody shall be responsible for any damage caused by such dog.

(i) Bring into, or have in his possession, or set off, fire or discharge any firearm, weapon, pellet gun, explosive or fireworks.

(j) Sell, or offer for sale, any merchandise, article or thing without prior written permission of the director.

(k) Claim exclusive use of, prevent the use by others of, or reserve for use any park area without prior written permission of the director.

(l) Engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the peace, and a person so behaving shall vacate the park at the request of a park attendant or peace officer.

(m) Sleep on park benches or furniture without prior written permission of the director.

(n) Use any park area or facility for an unreasonable time when facilities are congested or crowded. Park attendants shall have the authority to regulate and limit use of facilities for the maximum use and enjoyment of all, and visitors shall comply with directions given to achieve this end.

(o) Practice golf, fly powered model airplanes, or engage in any other activity which may be hazardous to other persons or property except in designated areas, without prior written permission of the director.

(p) Ride or use a skateboard, roller skates, roller-blades, in-line skates, or other similar devices at a city skate park facility without wearing safety equipment which shall include a helmet, elbow pads and knee pads. Notwithstanding any other provision of this section, violation of this subsection (p) shall be an infraction.

Violation of this section shall be a misdemeanor. (Ord. No. 1008, § 1, 2-19-74; Ord. No. 83-5, § 1, 6-6-83; Ord. No. 94-3, § I, 3-21-94; Ord. No. 99-14, § I, 9-13-99; Ord. No. 99-18, § I, 9-20-99)

18.6 Intoxicating liquor.

(a) No person shall consume intoxicating liquor, as defined in section 16.28, or have in his or her possession or control an open container of any intoxicating liquor, in any city park, as defined in section 18.1.

(b) Notwithstanding the above, beer and wine may be consumed at the Oaks and Lakeside picnic areas in Las Animas Park and at the East and West Mulberry, Walnut, and Sycamore picnic areas in Christmas Hill Park with a valid City of Gilroy reservation, reserving one (1) of these areas, and only upon the following conditions:

(1) Beer and wine may only be consumed in the above defined areas between the hours of 4:00 p.m. and 8:00 p.m. Monday through Friday, and 12:00 noon through 8:00 p.m. Saturday, Sunday and holidays.

(2) Beer and wine must be under the control and supervision of a responsible adult.

(3) Adequate precautions must be in place to prevent consumption of the beer and wine by minors.

(4) Adequate provision must be made for the cleanup of any debris or refuse associated with the service or consumption of the beer and/or wine.

(5) The consumption of beer and/or wine must not unreasonably interfere with other park users.

(c) The community services director may modify or waive the requirements of this section as applied to Christmas Hill Park or Las Animas Park by the issuance of a special events or facility use permit. The community services director may grant or deny a permit application in the interest of the public health and welfare in his/her discretion. Any permit issued pursuant to this section may impose reasonable conditions including, but not limited to, insurance, security, licenses, fees, and any other conditions addressing areas of concern identified by the community services director, fire chief, or police chief.

(d) Any person who has been denied a permit by the community services director may appeal forthwith to the city administrator or his/her designee, whose decision shall be final.

(e) The city reserves the right to place other restrictions on the possession and consumption of intoxicating liquor in accordance with state law, or in order to mitigate a public safety concern.

(f) Violation of this section shall be a misdemeanor. (Ord. No. 1008, § 1, 2-19-74; Ord. No. 80-2, § 1, 1-7-80; Ord. No. 80-34, § 1, 12-15-80; Ord. No. 81-31, § 1, 10-26-81; Ord. No. 94-3, § I, 3-21-94; Ord. No. 97-2, § 1, 1-6-97; Ord. No. 2006-24, § I, 11-20-06; Ord. No. 2014-17*, § 2, 12-1-14)

*    Code reviser’s note: Ord. No. 2014-17, amending subsection (b) of this section, terminates after December 31, 2017. Section V of Ordinance 2014-17 provides, “Unless extended by an action of the City Council, the provisions of this Ordinance shall terminate and shall be of no further force and effect after December 31, 2017.”

18.6-1 Possession of glass beverage containers in city parks.

No person shall possess any glass beverage container in any city park, except in established picnic areas, or except where the sponsor of an organized public event has obtained prior written permission from the director to possess glass beverage containers within the boundaries of the event. As used in this section, “established picnic area” means any permanent picnic area improved with tables and identified with appropriate signs. Notwithstanding section 18.1, as used in this section “city park” applies only to parks, reservations, playgrounds, and swimming pools owned or used by the city. (Ord. No. 92-7, § 1, 7-6-92)

18.7 Park hours.

Parks with night-lighted court facilities shall be closed all year from 11:00 p.m. to 6:00 a.m. Other parks shall be closed from 8:00 p.m. to 6:00 a.m. from November through February and from 11:00 p.m. to 6:00 a.m. from March through October. No person shall enter or remain in a park during hours of closure without prior approval of the director. (Ord. No. 1008, § 1, 2-19-74; Ord. No. 86-19, § 61, 10-6-86; Ord. No. 90-8, § 1, 4-16-90)

18.8 Closing parks or sections thereof.

Any park or any section or area of a park may be closed to the public by the director for such times or intervals or uses as the director shall find necessary for proper maintenance, control or administration of parks and facilities. (Ord. No. 1008, § 1, 2-19-74)

18.9 Exclusive use, extended use: Permits, fees and deposits.

Permits for exclusive or extended use of park areas, the fees, if any, to be charged therefor, the amounts of damage and cleaning deposits required and the content of applications for such permits shall be as determined by resolution of the city council, and shall be administered by the director. (Ord. No. 1008, § 1, 2-19-74)

18.10 Parks and recreation facilities rules and regulations.

The director may promulgate rules and regulations governing the use of the city’s parks and recreational facilities and shall provide for the posting or other distribution of said rules and regulations. Copies of said rules and regulations shall be maintained at the city clerk’s office. (Ord. No. 99-14, § II, 9-13-99; Ord. No. 99-18, § II, 9-20-99)