Chapter 12.24
USE OF PUBLIC PARKS

Sections:

12.24.010    Purpose.

12.24.020    Definitions.

12.24.030    Compliance required.

12.24.040    Hughson parks and recreation service area – Policy – Fees.

12.24.050    Parks and recreation director – Powers and duties.

12.24.060    Use of areas in parks.

12.24.070    Closing of sections of parks.

12.24.080    Exclusive use permits.

12.24.090    Reservation of a portion of a park or building.

12.24.100    Contents of applications.

12.24.110    Liability insurance required.

12.24.120    Action on applications.

12.24.130    Security requirements for activities held in city recreation facilities.

12.24.140    Appeal or denial of the application.

12.24.150    Prohibited acts.

12.24.160    Traffic and parking.

12.24.170    Donations.

12.24.180    Excessive noise prohibited.

12.24.190    Finding of lost articles to be reported.

    Prior legislation: Ord. 91-05.

12.24.010 Purpose.

The purpose of this chapter is to regulate the use of the parks and recreation buildings in the city in order to provide maximum enjoyment in the use of such parks and buildings and minimum disturbance or interference with the use of surrounding areas.

The landscaping of all areas of the community is intended to provide visual relief and delight, complement buildings and other structures, provide transitional area between potential competing land uses, aid in reducing air pollution, require little supplemental irrigation water once established, and provide an attractive environment for the enjoyment of the public. Landscaping which is integrated with building design is an acceptable desirable objective of contemporary community development. (Ord. 08-03 § 1, 2008)

12.24.020 Definitions.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. “Alcoholic beverages” shall mean any liquid or solid containing alcohol.

B. “Applicant” shall mean any person or organization applying for a permit to use a city park or building.

C. “Application” shall mean the form that an applicant must fill out in order to obtain a permit or exclusive use permit.

D. “Building” shall mean any building, or any portion thereof, under the supervision of the parks and recreation department.

E. “City” shall mean the city of Hughson.

F. “City council” shall mean the legislative body of the city of Hughson.

G. “Daylight hours” shall mean any time from one-half hour before sunrise to one-half hour after sunset and any other time when visibility is not sufficient to render clearly discernable any person or vehicle at a distance of at least 1,000 feet.

H. “Director” shall mean the director of the parks and recreation department of the city and/or his or her designee.

I. “Department” shall mean the parks and recreation department of the city of Hughson.

J. “Exclusive use permits” shall mean permits granted to youth organizations within the Hughson city limits which are formally organized, and have advisory or supervisory adult leadership, and for activities sponsored by or supported financially or otherwise by the city which are given preference to use parks and buildings over private individuals and organizations.

K. “Park” shall mean any areas set aside for recreational uses, areas conserved for their scenic interest, playgrounds, recreation centers and any other areas owned or operated by the city of Hughson and which are intended for active or passive recreational purposes. The word “park” shall also include any parking lot adjacent to any park, any buildings, equipment, plants or other facilities located in any park and any landscaped public area and/or right-of-way.

L. “Permit” shall mean a written permit for the exclusive use of a park or building as provided for and defined in this chapter.

M. “Picnicker” shall mean a person on an outing or excursion with food usually provided by such person and eaten in the open.

N. “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.

O. “Vehicle” shall mean any wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled, including bicycles, skateboards, and any trailer in tow of any size, kind, or description, except baby carriages, wheelchairs, and vehicles in the service of the city parks. (Ord. 08-03 § 1, 2008)

12.24.030 Compliance required.

No person shall enter, be, or remain in any park or building of the city unless they comply with this chapter and any regulation adopted pursuant to this chapter. (Ord. 08-03 § 1, 2008)

12.24.040 Hughson parks and recreation service area – Policy – Fees.

A. The city council, with recommendation(s) from the parks, recreation, and entertainment commission, shall by resolution establish, adopt and amend guidelines and policies for the use of facilities within the boundaries of the city of Hughson for city-sponsored and co-sponsored recreational and entertainment activities.

B. The city council may by resolution, with recommendation(s) from the parks, recreation and entertainment commission, set fees for participation in recreational and entertainment programs sponsored or co-sponsored by the city and held at facilities within the city of Hughson.

C. The city council may by resolution, with recommendation(s) from the parks, recreation and entertainment commission, set fees for rental of parks or portions of parks. (Ord. 16-07 §§ 10 – 12, 2016; Ord. 08-03 § 1, 2008)

12.24.050 Parks and recreation director – Powers and duties.

The parks and recreation director shall direct the scheduling of the use of parks and recreational areas within the city. (Ord. 08-03 § 1, 2008)

12.24.060 Use of areas in parks.

The director shall have the authority to regulate the activities in park 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, including picnic facilities, are used to avoid crowding. Visitors shall comply with any directions given to achieve this end. Picnic tables, BBQs, ball fields and other park amenities may be reserved by rental and all such rented areas will be posted at the applicable park on a weekly basis. (Ord. 08-03 § 1, 2008)

12.24.070 Closing of sections of parks.

Any part of a park may be declared closed to the public for all or specified purposes by the director at any time and for any interval of time, either temporarily or at regular intervals. (Ord. 08-03 § 1, 2008)

12.24.080 Exclusive use permits.

Parks and/or buildings shall be made available for the exclusive use of youth organizations within the Hughson city limits, which are formally organized, and have advisory or supervisory adult leaders and for activities sponsored by or supported financially or otherwise by the city, subject to the issuance of a permit by the director. Organizations and groups which may apply for exclusive use permits shall be given preference to other individuals and groups at the discretion of the director. Additionally, agencies with the ability to apply for exclusive use permits may conduct fundraising activities only for community projects, charitable projects, or educational projects. (Ord. 08-03 § 1, 2008)

12.24.090 Reservation of a portion of a park or building.

Portions of the park can be reserved independent or jointly of each other by reserving the entire park area or portion for events. Any park or portion of park or building so reserved, rented, or otherwise set aside by the director shall not be used by any other person or persons unless authorized.

Nothing in this chapter shall be deemed to change the status of any city park and/or building from a public park or public building to a private park or private building. (Ord. 08-03 § 1, 2008)

12.24.100 Contents of applications.

Applications for the exclusive use of a park or building, or portion thereof, shall be made on a form provided by the director, and shall contain the information specified by the director, and shall be filed in the manner and at the times specified by the director.

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. (Ord. 08-03 § 1, 2008)

12.24.110 Liability insurance required.

The applicant shall provide the city with certificates of insurance naming the city as an additional insured evidencing coverage for bodily injury liability in the amount of $1,000,000 for each person, and $3,000,000 (or, for low hazard function such as seminars, craft shows, and wedding receptions, where no alcohol is involved, these limits may be reduced to $300,000 per person and $300,000 for each occurrence), and property damage liability coverage in the amount of $100,000 for each occurrence. Such certificates of insurance shall be filed with the city clerk prior to the granting of such permit. Such insurance shall be provided in order to have a completed application. (Ord. 08-03 § 1, 2008)

12.24.120 Action on applications.

A. The director shall grant or deny such application on or before five days after the filing of a completed application, unless the time for such granting or denial of the application permit has been waived by the applicant in writing. The decision granting or denying such application shall be mailed, postage prepaid, to the applicant at the address designated on the application.

B. The director, in granting the application, may issue a permit imposing reasonable requirements and conditions concerning the use of the park or building by the applicant.

C. The director or his or her designee is hereby authorized to charge and collect a fee for:

1. Participation in sports programs, classes, special events and activities; and

2. For the use of city park(s) and/or city building(s).

D. The fee authorized by this chapter shall be set by resolution of the Hughson city council.

E. The director shall deny the application if any of the following applies:

1. The activity is not sponsored by an organization and/or the application does not specify the person or organization responsible for the use of the park or building;

2. The proposed activity or use will unreasonably interfere with, or detract from, the public health, welfare, or safety;

3. The proposed activity or use is illegal; or

4. The occupancy load of the building will be exceeded. (Ord. 08-03 § 1, 2008)

12.24.130 Security requirements for activities held in city recreation facilities.

A. Every person operating, promoting, maintaining or conducting a permitted activity in or at a city recreation facility 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 services, or his or her designee. The cost of such private security shall be borne by the person holding the activity.

B. Every person operating, promoting, maintaining or conducting a permitted activity in or at a city recreation 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 city recreation facility and the expected number of guests.

C. The chief of police, or his or her designee, shall consider all of the following factors in setting the security requirements for an activity held in a city recreation facility:

1. The maximum capacity of the city recreation facility;

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, information giving the credentials, reputation and practices of the proposed private security company; and

5. The dress and equipment used by the private security officers shall be provided to the chief of police.

D. In lieu of private security, the chief of police, or his or her designee, may require active or reserve police officers of the city of Hughson to provide security at activities held in city recreation facilities the cost for which shall be borne by the person holding the activity and shall be paid to the city at least 10 days prior to the date of the activity. (Ord. 08-03 § 1, 2008)

12.24.140 Appeal or denial of the application.

The applicant or any interested person may appeal to the city council the granting or denial of a permit or any conditions placed on such permit or not placed on such permit by the director. (Ord. 08-03 § 1, 2008)

12.24.150 Prohibited acts.

A. The prohibitions contained in this section will not apply to:

1. Extending use hours;

2. Any person attending a meeting, entertainment event, recreation activity, dance or similar activity in such park, provided such activity is sponsored or co-sponsored by the city or permit therefor has been issued by the city;

3. Any peace officer or employee of the city while engaged in the performance of his/her duties.

B. Except as otherwise authorized by law, it shall be unlawful and an infraction for any person to do or cause or permit to be done any of the acts hereinafter specified within any park owned or operated by the city of Hughson. No person shall do any of the following:

1. No person shall be, remain, stay, or loiter in any park as provided in this chapter.

2. Parks shall be open for public use during daylight hours, except for events with rental agreements for use of ball field lights.

3. Use of ball fields and ball field lights are not allowed past 10:00 p.m., Sunday through Thursday, and 11:00 p.m., Friday and Saturday.

C. Except as otherwise authorized by law, it shall be unlawful and an infraction pursuant to HMC 1.12.010 for any person to do or cause or permit to be done any of the acts hereinafter specified within any park owned or operated by the city of Hughson.

1. To enter or trespass in any area, building or facility which is fenced and locked or enclosed and locked or is posted with a “No Trespassing” sign.

2. To use any park facility for which a charge is now or hereafter made without first having paid the fee requested and having received the required permit.

3. To use any park facility or equipment which has been reserved or which is indicated by an authorized or official sign to have been reserved without first having received the written permission of the director.

4. To enter an area or use any building, equipment, fountain, pond, or pool posted as “Closed to the Public”;

5. To disturb or interfere with any employee of the city of Hughson acting within the scope of his/her employment, or to disturb or interfere with any spectator or participant in any event or activity conducted in any park, or to enter any park for the purpose of committing any such disturbance or interference.

6. For any male person to resort to any toilet set apart for women, and for any female person to resort to any toilet set apart for men; provided, that this prohibition shall not apply to children under six years of age accompanied by their father, mother or guardian.

7. To possess any container made of glass in any park or to bring, carry or transport any container made of glass into any park except that the sponsor of an organized event may obtain written permission from the director to possess glass containers.

8. To camp or lodge in or upon any park unless prior written permission is obtained from the director.

9. To sell refreshments, foodstuffs or novelties in any park or on any street immediately adjacent thereto without the prior written permission of the director or the city council.

10. To practice, carry on, conduct or solicit for any trade, occupation, business or profession in any park without the prior written permission of the city council.

11. To play or engage in any game or contest in any park except in such places as are specially provided or designated for that purpose.

12. To bring to, or drink in, a park any alcoholic beverage, unless approved in advance in writing by the director.

13. To enter or remain in a park while under the influence of intoxicating liquor or any drug.

14. To use tobacco products of any kind, including, but not limited to, chewing tobacco, cigars and cigarettes, within 50 feet of children’s play areas (playgrounds/tot lots, wading pools, skate parks) installed and/or built for public use by children and/or to discard lighted or unlighted cigars or cigarettes in said areas.

15. To use, carry, or possess firearms of any description or air rifles, spring guns, bows and arrows, slings, or any other form of weapon potentially dangerous to wild life or to humans, or to shoot into park areas from beyond park boundaries.

16. To cut, break or deface in any way buildings, equipment, grounds or other facilities of any park.

17. To climb onto any building or structure in a park not designated for such activity.

18. To bring into any park any material which, if spilled or spread, will be injurious to the turf or plant growth.

19. To litter, soil, or defile rest rooms.

20. To construct or erect any building or structure 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;

21. To hunt, wound, kill or catch, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal or bird.

22. To remove or have in possession any wild animal, or any bird or fowl, or the eggs or nest or young of any wild animal or bird.

23. No person having the control or care of any dog may allow or permit the dog to enter or remain in a park, unless and then only if it is led by a leash of suitable strength not more than six feet in length. Leashes are not required in parks or areas specifically posted as a leash-free area. The person owning, controlling, or having the custody of a dog shall be liable and responsible for all damages caused by the dog.

24. Lead, ride, drive, keep, or let loose any animal or fowl of any kind or to propel a vehicle in or upon and area of a park except those areas specifically provided and designed for such purpose without a written permit obtained to do so from the director.

25. To clean, wash, polish or make other than emergency repairs upon any automobile, motorcycle or self-driven vehicle in any park.

26. To throw, discharge, or otherwise place in the waters of any fountain, pond, lake, 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 or the storm drainage system of the city.

27. To 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.

28. To make a fire in any park other than in stoves, pits or braziers provided by the city unless prior written permission is obtained from the director and a permit is obtained from the San Joaquin Valley air pollution control district for burning in open pits.

29. To bring or have in possession, 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.

30. To use any sound amplification equipment unless a permit is first secured.

31. To indulge in riotous, boisterous, threatening, or indecent conduct or language or to otherwise make noises in such a manner as to disturb any picnic, meeting, concert or exhibition in any park.

The city of Hughson hereby designates all of its public parks as drug-free zones pursuant to and within the meaning of Health and Safety Code Section 11380.5. (Ord. 08-03 § 1, 2008)

12.24.160 Traffic and parking.

A. No person except for a city employee engaged in the performance of his or her duties may ride or drive any vehicle on any area, except paved roads or parking areas or other areas designated as temporary parking areas. No person may park a vehicle in other than an established or designated parking area, or use a parking area in a manner not in accordance with this chapter.

B. No bicycles may be ridden through any children’s playground area.

C. No person may use a skateboard except in designated skate parks.

D. No person may drive or operate any automobile or other vehicle including gasoline or electric powered go-carts, motorcycles, motorized bicycles, or any motorized scooter or similar device used for recreation as defined in California Vehicle Code Section 407.5(a). This section does not restrict the use of motorized devices, electric or other technological devices used to aid and assist persons with disabilities and/or mobility needs as defined under the Americans with Disabilities Act. (Ord. 08-03 § 1, 2008)

12.24.170 Donations.

The donation of plants, buildings, fountains, sculptures, ponds, pools, or any other item or funds for such item for any park or building shall first be approved by the parks, recreation and entertainment commission. (Ord. 16-07 § 13, 2016; Ord. 08-03 § 1, 2008)

12.24.180 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 loud noise from a radio, stereo, tape deck, or other means which noise disturbs the peaceful and quiet enjoyment of any person in a public park. (Ord. 08-03 § 1, 2008)

12.24.190 Finding of lost articles to be reported.

The finding of lost articles in parks shall be reported to the director or to the park personnel on duty. (Ord. 08-03 § 1, 2008)