Chapter 12.32 USE OF PARK AND RECREATION FACILITIES

"Director" means the director of parks, recreation and community services of the city, his authorized representative or an employee or officer of the city fulfilling the function of the director.

"Facility" or "park facility" means any body of water, land, recreation area, building, structure, system maintained or obtained by the department.

"Kerman city council" means the elected or appointed legislative body of the city of Kerman.

"Park and recreation commission" means an advisory board to the city council to advise and assist in the development of park and recreation activities in the city. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.030 Activities requiring permits for the use of park facility.

A permit for the use of a park facility owned by or under the control of the city shall be required for the uses set forth in this section:

A. Reservation of soccer fields, baseball and softball diamonds for organized play;

B. Exclusive use of picnic pavilion for group picnicing activities;

C. Reserved use of lighted facilities in Kerckhoff & Rotary Parks;

D. Displays of wares and merchandise, fundraising projects, exhibitions as part of an open, industry-wide show; bandstand use; organized non-city sponsored athletic and non-athletic programs or projects; tournament play; traditional sports programs not city sponsored; and dances;

E. Nontraditional organized sports activities;

F. By a private concessionaire, person, group, or organization sale of food and/or nonalcoholic beverages when provided in conjunction with approved non-city sponsored activities;

G. Any group or organized activity of fifty or more persons; which assembly is intended or can reasonably be expected to last more than thirty minutes;

H. Any group or person that will install and/or use equipment or facilities which is not owned or operated by the city. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.040 Permit--Application contents.

Whenever a permit is required in this chapter, an application shall be filed with the director stating:

A. The name and address of the applicant;

B. The name and address of the person, group, organization or corporation sponsoring the activity;

C. The nature of the proposed activity;

D. The dates, hours, and the park facility for which the permit is desired;

E. An estimate of attendance;

F. The signing of a waiver release holding the city, their officers, and employees harmless against any and all liability; and

G. Any other information, which the director, regarding public health, safety and welfare, finds reasonably necessary to a fair determination as to whether a permit should be issued. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.050 Permit--Standards for issuance.

The director shall issue a written permit hereunder when he finds:

A. That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;

B. That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation;

C. That all conditions, including where applicable, the payment of fees, approval of the city council, and insurance coverage are met;

D. That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;

E. That the proposed activity or use will not entail unusual, extraordinary, or burdensome expense or security operation by the department;

F. That the facilities desired have not been previously reserved for other use;

G. The conduct of the activity or use of the area will not have an unreasonably adverse impact on the surrounding neighborhood due to parking, noise, crowds, or nuisance;

H. Insurance. Insurance coverage shall be required, if in the opinion of the director, the conduct of the event or program would potentially constitute a hazard to public safety. The parks, recreation and community services director, or his designee, may, at his discretion, require an insurance policy as a condition of the issuance of the permit. If a policy is required, the permittee must obtain, pay for, and maintain a policy of general liability insurance, approved as to form by the city attorney which shall insure the city, its officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any act or omission of either the permittee or his agents or employees and occurring during the period and as a result of the activities for which such permit was issued. The amount of coverage to be provided by such policy shall be determined by the parks, recreation and community services director, or his designee. The city attorney may accept, as compliance with the requirement imposed by this subsection, the presentation of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the city, its officers, and employees, have been added as additional insured. Such certificate shall additionally provide that the required insurance will not be modified, changed, or terminated until at least ten days written notice thereof has been transmitted to the parks, recreation and community services director; and

I. Indemnity. It shall be a condition of the issuance of any park facilities permit that the permittee shall agree to defend and to hold the city, its officers and employees harmless from any and all claims and liability of any kind whatsoever to the fullest extent permitted by law resulting from or arising out of the issuance of such permit or the activity or conduct authorized in connection with such permit. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.060 Violations of regulations--Sanctions.

A. Violation--Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances codified in this chapter shall be guilty of an infraction, except where a different penalty is specified.

B. Any person convicted of an infraction shall be punished by:

1. A fine not exceeding fifty dollars for a first violation;

2. A fine not exceeding one hundred dollars for a second violation of the same ordinance within one year;

3. A fine not exceeding two hundred fifty dollars for each additional within one year.

C. Prosecution or Civil Action. Any violation of this chapter may be prosecuted by the city in the name of the people of the state of California, or the same may be redressed by civil action (pursuant to Chapter 1.16 of this code). (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.070 Closure of facilities.

The director shall have the authority to close any park facility or portion thereof and require the exit of all persons therein when he/she determines that conditions exist in said facility or portion thereof which presents a hazard to the facility or to public safety. The director shall have the authority to close to the public any park facility or portion thereof at any time and for any interval of time, either temporarily or at regular or stated intervals, and either entirely or merely to certain uses, as the director shall find reasonably necessary. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.080 Failure to obtain required permit.

No person shall use, occupy, or otherwise remain in any park facility or portion thereof for which a permit is required without first having obtained such permit. (Ord. 00-05 §-1 (Exh. A) (part), 2000).

12.32.090 Priority of use.

Any person using a park facility or portion thereof which may be reserved by obtaining a permit, but who has not obtained such permit, shall vacate said area when holders of a valid permit present themselves. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.100 Exhibiting permit.

No person shall fail to produce and exhibit a permit he or she claims to have upon request of any department employee or any peace officer who desires to inspect said permit for the purpose of enforcing compliance with any regulation in this chapter. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.110 Exclusive use permit.

Parks may be made available for the exclusive use of bona fide, recognized civic groups, nonprofit, service or youth organizations within the Kerman service area 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 may conduct fundraising activities only for community projects, charitable projects or educational projects. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.120 Selling and advertising.

Within the boundaries of any park facility or on public property adjacent to a park facility, no person shall sell, vend, peddle, expose, offer for sale or distribute after sale to the public any merchandise, service, or property or sell tickets for any event, nor shall any person distribute, circulate, give away, throw, or deposit in or on any park facility or on public property adjacent to a park facility, any handbill, circulars, pamphlets, papers, or advertisements, which material calls the public attention in any way to any article or service for sale or hire, nor within any park facility or on public property adjacent to a park facility, shall any person solicit or collect donations of money or other goods from the public, without the express approval of the park and recreation commission for such activity within the specific park facility or on public property adjacent to a park facility. (Ord. 00-05 §1 (Exh. A) (part), 2000).

12.32.130 Restrooms and washrooms.

During operational hours male persons shall not enter any restroom or washroom set apart for females, and female persons shall not enter any restroom or washroom set apart for males, except this shall not apply to children under six years, who are accompanied by a person who is sex-designated for that facility and who has reason to be responsible for such child, nor shall this section apply in a manner which would violate the Americans with Disabilities Act. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.140 Refuse.

A. No person shall dump, deposit, or release any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or trash in or on any park facility except that refuse which is incidental to the use of the facility may be deposited in the receptacles provided therefor. For purposes of this section, an incinerator, stove, fire ring, barbecue, or other device used to contain fires or for cooking is not a proper receptacle for refuse or other waste material.

B. Prohibition of Glass Containers in any City Park. It is unlawful for any person to bring, possess, carry, or use glass bottles or glass containers in or on city parks or the portion of Kerckhoff Park known as Coleman Field or parking lots for any of the parks or Coleman Field. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.150 Smoking and tobacco products prohibited.

A. Findings. The city council finds and declares as follows:

1. Numerous studies have found that tobacco smoke is a major contributor to air pollution.

2. Reliable studies have shown that breathing second-hand smoke is a significant health hazard for certain population groups, including elderly people, children, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.

3. Medical studies have shown that health hazards induced by breathing second-hand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm.

4. Studies have shown that nonsmokers who suffer allergies, respiratory diseases and other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of such adverse reactions.

5. Studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places.

6. Smoking and tobacco use in the proximity of children and adults engaged in activities at city-owned or operated facilities is detrimental to their health and can be offensive to those using such facilities.

7. The city believes parents, leaders, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make.

8. Secondhand smoke exposure causes as many as three hundred thousand children in the United States under the age of eighteen months to suffer lower respiratory tract infections, such as pneumonia and bronchitis; exacerbates childhood asthma; and increases the risk of acute, chronic, middle-ear infections in children.

9. The tobacco industry advertises at and sponsors recreational events to foster a connection between tobacco use and recreation.

10. Cigarette butts pose a health threat to young children as evidenced by thousands of reports of children poisoned by the ingestion of cigarette butts.

11. Cigarette butts and packaging are often discarded on the ground, creating additional maintenance expenses, diminished beauty of the city’s recreational facilities, and pose a risk to toddlers due to ingestion.

12. Community youth groups have determined that the prohibition of tobacco use at the city’s recreational facilities serves to protect the health, safety, and welfare of the citizens in our city. The city parks, recreation and community services commission concurs and recommends approval.

B. Definitions.

1. "Smoking" means possessing or using a lighted tobacco product, lighted tobacco paraphernalia or any other lighted plant or weed including a pipe, cigar, hookah pipe, or cigarette of any kind including an electronic smoking device.

2. "Tobacco product" means any product containing, made, or derived from tobacco leaf or nicotine that is intended for human use, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and any electronic smoking device.

3. "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.

4. "Recreation area" means any area including streets and sidewalks that are public or privately owned, controlled or used by the city of Kerman and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreation area" includes but is not limited to parks, picnic areas, playgrounds, sports fields, walking paths, gardens, bike paths, riding trails, swimming pools, and skateboard parks.

C. Prohibition of Smoking and Tobacco Product Use. Smoking and the use of tobacco products is prohibited in all city recreation areas including public events.

D. Tobacco Product Sale and Distribution Prohibited in City Recreation Areas.

1. No person shall sell, offer for sale, or exchange, or offer for exchange for any form of consideration tobacco products in city recreation areas.

2. No person shall engage in the nonsale distribution of any tobacco product in city recreation areas.

E. Public Education. The parks director or designee will engage in a continuing education program regarding the prohibition of smoking and tobacco products in city recreation areas. However, lack of such education shall not be a defense to a violation of this section. (Ord. 16-07 §1, 2016: Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.160 Fires.

A. Without a permit issued by the director, no person shall ignite, maintain, or use any fire in any place within any park facility except in a barbecue cooker or other cooking device authorized by the director for that purpose.

B. No person shall ignite or maintain a fire in any can, box, trench, pit, or other receptacle maintained for the purpose of garbage disposal or incineration. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.170 Fireworks.

No person shall possess, use or ignite in any park facility firecrackers, fireworks, or any other explosives, including any material for the making of pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks by a properly licensed pyrotechnic company, defined and classified as "safe and sane fireworks" in Section 12508 of the California Health and Safety Code at any public gathering or patriotic celebration provided a permit for such discharge has been obtained from the director. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.180 Firearms, airguns, and other weapons.

No person other than peace officers in the discharge of their duties shall use, maintain, possess, fire, or discharge any firearm, airgun, bow and arrow, sling shot, or any other weapon potentially dangerous to wildlife or human safety except in areas, at times and under conditions designated by the director for such use. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.190 Animals.

No person shall:

A. Abandon any animal dead or alive within any park facility;

B. Bring into or maintain in or upon any park facility any dog, cat, or other animal unless such animal at all times is kept on a leash and or under full control of its owner or custodian; provided, however, the director may designate areas and times within which person may show, demonstrate, or train unleashed animals under full control of their owners or custodians;

C. Ride a horse, pony, mule, burro, or other animal onto or over real property within any park facility other than at times and upon roads or trails designated for riding of animals, or pursuant to a permit by the director.

D. Fail to promptly remove from any park facility to an appropriate receptacle fecal matter deposited thereon by a dog or other animal in the person’s charge. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.200 Real property--Appropriation or encumbrance.

No person shall deposit any earth, sand, rock, stone, or other substance within any park facility, nor shall he erect or attempt to erect any building, or structure of any kind, by driving or setting up posts or piles, nor in any manner appropriate or encumber any portion of the real property owned, operated, controlled, or managed by the department, without a permit from the director. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.210 Destruction and defacement.

No person shall, without the authorization of the director, with respect to park facilities and the property therein:

A. Dig up, pick, remove, mutilate, injure, cut, or destroy any turf, tree, plant, shrub, bloom, flower, artifact, or archeological site, or any portion thereof;

B. Cut, break, injure, deface, or disturb, any building, sign, fence, bench, structure, apparatus, equipment, or property, or any portion thereof, or

C. Without authorization from the director, make or place on any tree, plant, shrub, bloom, flower, buildings, sign, fence, bench, table, structure, apparatus, equipment, or property, or any portion thereof, any rope, wire, mark, writing, printing, sign card, display, or similar inscription or device.

D. Violation of this section will be a misdemeanor (pursuant to Chapter 1.16 of this code). (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.220 Lock and keys.

No person other than one acting under the direction of the director shall duplicate or cause to be duplicated a key used by the department for a padlock or door lock of any type or description, nor shall any person divulge the combination of any lock so equipped to any unauthorized person. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.230 Motorized and other vehicles.

No motorized vehicle shall be permitted within the boundaries of any park facility unless such facility has been specifically designed and constructed to permit the use of motorized vehicles and a notice to this effect has been posted at the entrance of said park facility. In cases where the park facility has been designated and constructed and posted as foresaid, in all other cases, use of motorized vehicles shall be by permit only. Except as otherwise specified, the provisions of Chapter 10.20 of this code and the California vehicle code are applicable in park facilities. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.240 Bicycles and skateboards.

A. No person shall operate any bicycle, skateboard, rollerskating or rollerblading equipment in any location of a park where signs are posted prohibiting such activity.

B. No person shall ride a bicycle or skateboard on any grassy area, service roads or pathways, path, or pathways designated for exclusive pedestrian use. A bicyclist shall be permitted to push a bicycle by hand over any such grassy area, path, or walkway.

C. No person shall leave a bicycle or skateboard in any place or position where other persons may trip over or be injured by it, when not in use. Bicycles shall be left in a bicycle rack when one is provided and there is space available. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.250 Hours of use.

A. All city parks shall be closed to the public between the hours of ten p.m. and seven a.m., except as allowed by special permit from the city. All parks shall be conspicuously posted with signs specifying the closure hours to be within a city park during the hours of closing except by special permit. Permits may be issued for after-closing activities, and must be obtained from the director’s office at least five days prior to the proposed activity. The permittee must retain the permit during the after-hours activity, and copies of any permits issued shall be forwarded to the police department upon issuance.

B. The prohibitions contained in section will not apply to:

1. 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 department of parks, recreation and community services or a permit therefor has been issued by the department of parks, recreation and community services;

2. Any person exiting such park immediately after the conclusion of any activity set forth in subsection (B)(1) of this section;

3. Any peace officer or employee of the city while engaged in the performance of his/her duties. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.260 Games.

The playing of rough or comparatively dangerous games such as football, horseshoes, soccer, baseball, or any games involving thrown, hit, or otherwise propelled objects such as golf balls, balls of other description, stones, arrows, javelins, model airplanes or rockets is prohibited except in fields, courts, or areas specifically provided therefor, with express permission of the director in areas compatible to that use. Persons desiring to use a park facility for the specific purpose for which the facility was established shall have the priority use over the facility for another non-prescribed purpose. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.270 No golfing.

No person shall hit golf balls or practice balls, play or practice the game of golf in any park. Any person violating this chapter shall be guilty of an infraction and shall be fined pursuant to Chapter 1.16 of this code. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.280 Possession/consumption/sale of alcoholic beverages.

A. Possession/Consumption/Sale of Alcoholic Beverages in Public Parks--Permit Required. It is unlawful for any person to bring, possess, carry or consume any beer, wine or other intoxicating or alcoholic beverages in, about or on the city park, known as Kerckhoff Park, or the portion of the park known as Coleman Field or the parking lots for the park or Coleman Field without a written permit issued by the director or his appointed representative. The director in his/her administrative capacity is authorized to issue or deny said permits without the prior approval of the city council.

B. Any person violating this section shall be guilty of an infraction and shall be fined pursuant to Chapter 1.16 of this code. (These provisions shall not be deemed to make unlawful any act or acts which are specifically governed by any law of the state). (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.290 Personal gain.

A. No person shall engage in any commercial activity in any park, except a nonprofit organization pursuant to a permit issued by the director for fundraising or to a lease or concession contract issued pursuant to this code.

B. No person shall engage in any business activity in any park. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.300 Regulations.

The director may establish and post regulations governing the use of park facilities, which are not inconsistent with the regulations, contained in this chapter and which promote public health and safety and the preservation of property. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.310 Sound amplification, music, speech, noise.

A. The proposed guidelines in Kerckhoff Park for large group rentals, of the bandstand or old pool and areas in addition to Rotary and Lions Parks. No amplified music will be allowed with the Kerckhoff picnic pavilion rentals. The community services department will screen the applicant to insure compliance with proposed guidelines.

1. Amplified music events will be limited to one permit per day and not to exceed six hours;

2. Amplified music on Friday and Saturday will be allowed between the hours of twelve p.m. through ten p.m.;

3. Amplified music Monday through Thursday will be allowed between the hours of twelve p.m. through eight p.m.;

4. Amplified music on Sunday will be allowed between the hours of ten a.m. through six p.m. Rentals will be limited to church groups and local non-profit community groups;

5. Large group, i.e., family reunion, birthday party, non-profit community event;

6. Large group will be less than five hundred;

7. Noise levels will be kept at a moderate level and not at a high volume. Noise levels shall be in compliance with noise ordinance, which goes along with what is reasonable. (Chapter 9.26 of this code.)

B. Note: Different guidelines apply to the Kerman Harvest Festival Activities.

C. Within any park facility, no person shall use sound amplification equipment without a permit from the director. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.320 Excessive noise.

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 quite enjoyment of any person in a public park (pursuant to Chapter 9.26 of this code). (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.330 Concession operations.

A. The sale of food and nonalcoholic beverages in public parks, by nonprofit community based clubs and organizations and commercial vendors may be permitted as part of an event sponsored by a community based nonprofit group or city sponsored or co-sponsored activity. The commercial vendor must receive prior approval of the department to obtain the appropriate permits.

B. Conditions of sales shall include:

1. Business license and compliance with applicable health codes;

2. Filing of a department application;

3. In the case of sporting events by nonprofit groups, concession areas will be established for each athletic field in areas designated by the department;

4. All food served, catered, or otherwise, must comply with city, county, and state health ordinances, codes, and/or regulations. (Ord. 00-05 § 1 (Exh. A) (part), 2000).

12.32.340 Disorderly conduct.

No person shall sleep or protractedly lounge on the seats, or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct, or behavior tending to breach the public peace. (Ord. 00-05 § 1 (Exh. A) (part), 2000).