Chapter 8-04
PARK AND RECREATION FACILITY USE REGULATIONS
Sections:
8-04.010 Declaration of purpose.
8-04.020 Definitions.
8-04.030 Hours.
8-04.040 Facility permit.
8-04.050 City priority.
8-04.060 Vending and other commercial solicitation.
8-04.070 Camping.
8-04.080 Signs.
8-04.090 Firearms, weapons, fireworks.
8-04.100 Protection of foliage, landscape, historical and park structures, equipment.
8-04.110 Sanitation.
8-04.120 Barbecues and fires.
8-04.130 Animals.
8-04.140 Glass beverage containers.
8-04.150 Alcoholic beverages.
8-04.160 Motor vehicles or similar conveyances.
8-04.170 Bicycles.
8-04.180 Skateboarding and rollerskating.
8-04.190 Park closure.
8-04.200 Effect of park regulations and enforcement.
8-04.210 Eviction.
8-04.220 Community center and sports complex.
8-04.010 Declaration of purpose.
The purpose of this chapter is to regulate the use of city parks so that all persons may enjoy and make use of the parks. The following regulations apply to all city parks. (Prior code § 8-05.005)
8-04.020 Definitions.
As used in this chapter:
“Alcoholic beverages” means beer, wine, malt liquor, or distilled spirits.
“Athletic fields or courts” means ball diamonds, soccer fields, roller hockey rinks, volleyball and basketball courts, skateboard facilities owned and operated by the city.
“ATV” means an all terrain vehicle as defined in Section 111 of the California Vehicle Code.
“Camp” means to set up or use tents, shacks, movable structures or vehicles, bedrolls, or sleeping bags or other such paraphernalia for overnight sleeping purposes.
“Director” means the Parks and Recreation Director or his or her designee.
“Eviction” means expulsion from the park and, if applicable, revocation of a facility permit.
“Exclusive use” means the right to use a park, or portion thereof, for any activity at a specified time, to the exclusion of all others.
“Facility permit” means written permission by the Director for a specified use of a park area or facility in a park.
“Motorcycle” means any motor vehicle, motorized bicycle, or motor-driven cycle as defined respectively in Sections 400, 405, and 406 of the California Vehicle Code.
“Motorized quadricycle” means a four-wheeled device, as defined in Section 407 of the California Vehicle Code.
“Motorized tricycle” means a three-wheeled device, as defined in Section 407 of the California Vehicle Code.
“Motorized scooter” means any two-wheeled device that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an electric motor that is capable of propelling the device with or without human propulsion, as defined in Section 407.5 of the California Vehicle Code.
“Park” means all city parks, buildings and grounds, athletic fields or courts, and open space areas owned and operated by the city for park, recreation or open space purposes.
“Person” means every individual, firm, corporation, joint venture, association, social club, or any group or combination activity as a unit. (Ord. 2004-12 § 1; Ord. 98-4 § 1: prior code § 8-05.010)
8-04.030 Hours.
All parks shall be open to the public during such hours as may be established by resolution of the City Council. No person, except those having valid facility permits, shall enter or remain in any park at any time other than during such hours as the park is open to the public. (Prior code § 8-05.015)
8-04.040 Facility permit.
A. A facility permit must be obtained from the Director prior to sponsoring or conducting any of the following activities in a park:
1. For the exclusive use of any park area or park facility which has been designated by the Director as requiring a facility permit;
2. For any organized activity in which fifty (50) or more persons are expected to participate or attend, or to which the public is invited or which requires special city services. Such activity includes, but is not limited to: a picnic, rally, group meeting, parade, camp-out, play, musical event, art show, exhibition or, lecture or any type of an entertainment performance;
3. Any activity involving the erection or placement on park property of stages, booths, platforms, sculptures and other art works, or other similar structures;
4. For the sale of any goods, wares, merchandise, food or beverages in connection with a permitted group activity;
5. For any activity involving the use of amplified sound.
B. The Director is expressly delegated the authority to prescribe rules and procedures for the issuance of facility permits and to determine in his or her sole discretion whether to issue a permit, and in the case of a permit for amplified sound, to determine the maximum amplification permissible consistent with other persons’ enjoyment in the park.
C. Facility permits shall be issued on such terms and conditions deemed reasonable by the Director to protect park property and to promote use of the park by all persons.
D. Issuance of a facility permit may be conditioned on the payment of fees as may be established by resolution of the City Council.
E. The denial of a facility permit or the terms and conditions for the issuance of a permit (except the requirement to pay facility permit fees) may be appealed in writing to the City Manager within five business days of the Director’s decision. The City Manager’s decision on the appeal is final. The City Manager is not required to consider a late-filed appeal.
(Prior code § 8-05.020)
8-04.050 City priority.
With the exception of park use pursuant to a facility permit, city recreational programs, including activities and events co-sponsored by the city, shall have priority of use of all athletic fields or courts. (Ord. 98-4 § 2: prior code § 8-05.023)
8-04.060 Vending and other commercial solicitation.
No person shall solicit primarily for commercial purposes in any manner, or sell or offer for sale any goods, wares, merchandise or food products, or distribute or pass out any primarily commercial handbill or advertising material, provided, however, that this section does not apply to a concession or group activity operated under a facility permit that allows such sales in connection with the permitted activity. (Prior code § 8-05.025)
8-04.070 Camping.
No person shall camp; except that group camping activities for juveniles (under eighteen (18) years of age) under adult supervision may be permitted by the Director, subject to the issuance of a facility permit. (Prior code § 8-05.030)
8-04.080 Signs.
No person shall paint, post, attach or affix any handbill, notice, sign or advertisement upon or to any bridge, fence, building, tree or other property or improvement. With permission of the Director, signs may be posted on a community bulletin board. (Prior code § 8-05.035)
8-04.090 Firearms, weapons, fireworks.
No person shall have any fireworks, firearms, air gun, BB gun, slingshot or bow or hunting arrow or any weapon in his or her possession in a park, nor shall any person discharge any fireworks or weapon upon or into any park. (Prior code § 8-05.040)
8-04.100 Protection of foliage, landscape, historical and park structures, equipment.
A. Except as may be authorized by the Director, no person shall pick flowers, foliage, berries or fruit, or cut, carve, hack, break, dig up, remove, deface, use or in any way mutilate or injure any wood, leaf mold, rock gravel, sand, tree, shrub, plant, fern, grass, turf, mold, artifact, railing, seat, building, barbecue stove, sign, fence, post, structure, toilet, lavatory, restroom, play equipment or any other object in any park.
B. No person shall deface, mar or disfigure any bridge, fence or other structure within a park, or any tree situated in any park, by painting, cutting, scratching or breaking the same or attaching or affixing anything thereto.
C. No person shall climb any tree, or walk, stand or sit upon monuments, signs, buildings, roofs, railing, fences and gates, backstops, tables or upon other property not designated for or customarily used for such purposes.
(Prior code § 8-05.045)
8-04.110 Sanitation.
A. No person shall leave, deposit, drop or scatter any bottles, broken glass, ashes, wastepaper, cans or other rubbish, garbage, litter, refuse or other matter in any park except in a designated rubbish container. No person shall deposit any such matter in the public toilets of any park.
B. When rubbish containers are not available or are full, refuse and rubbish shall be carried away from the park.
C. No person shall excrete or leave any human waste in or on park property, except in a public toilet. Soiled diapers shall be deposited in rubbish containers or removed from the park.
(Prior code § 8-05.050)
8-04.120 Barbecues and fires.
No person shall build, light, kindle or maintain any open or outdoor fire at any place in a park except in park facilities especially provided for this purpose. No person shall bring portable BBQs or hibachis into a park. (Prior code § 8-05.055)
8-04.130 Animals.
A. Except for seeing eye dogs, cats, dogs or other domestic animals shall be restrained by a substantial leash, not to exceed six feet in length, and shall be in the charge of a person competent to restrain such animal. This section shall not prevent the city or its facility permittees from holding supervised public events in which domestic animals participate, nor shall it prohibit the Director from issuing facility permits for group activities involving domestic animals.
B. Domestic animal waste shall be removed from the park, or it shall be disposed of in park rubbish containers by the person in charge of the animal.
C. No person shall trap, kill, wound or maltreat any bird or animal, or permit any domestic animal under their control to pursue, trap, kill or wound any bird or other domestic animal.
D. Horses or pack animals are not permitted, except on designated equestrian trails.
(Prior code § 8-05.060)
8-04.140 Glass beverage containers.
No person shall bring into a park or have in his or her possession in a park a glass beverage container. (Prior code § 8-05.065)
8-04.150 Alcoholic beverages.
No person shall consume, possess or sell any alcoholic beverages within a park. (Prior code § 8-05.070)
8-04.160 Motor vehicles or similar conveyances.
Except for motorized wheelchairs or other similar conveyances for the disabled, and motorized vehicles used for park maintenance, no person shall operate or drive any motor vehicle, motorcycle, ATV, motorized quadricycle, motorized tricycle, or motorized scooter in a park, nor shall any person clean, wash, polish or make any repairs to any such vehicle, cycle, or scooter in a park. (Ord. 2004-12 § 2: prior code § 8-05.075)
8-04.170 Bicycles.
Bicyclists shall yield the right-of-way to pedestrians on park walkways. All bicycles shall be parked in a bicycle rack when one is provided and space is available. No person shall leave a bicycle on athletic fields or courts, in the play equipment area or on sidewalks. No person shall ride a bicycle in a park or portion thereof which has been posted as a “No Bicycling Area” pursuant to Chapter 11-32 of this code. (Ord. 98-4 § 3: prior code § 8-05.080)
8-04.180 Skateboarding and rollerskating.
Rollerskaters (including rollerbladers) and skateboarders shall yield the right of way to pedestrians on park walkways. No person shall leave a skateboard or rollerskates (including rollerblades) on athletic fields or courts, in the play equipment area or on sidewalks. No person shall skateboard or use rollerskates as defined in Chapter 11-32 of this code in a park or portion thereof which has been posted as a “No Skateboarding” or “No Rollerskating” area pursuant to Chapter 11-32 of this code. (Ord. 98-4 § 4: prior code § 8-05.085)
8-04.190 Park closure.
The Director may close parks or any portion thereof when such areas are filled to capacity or a hazardous condition poses potential danger to citizens, city employees or city property. Any such closure shall be for the duration of the capacity or hazardous condition situation as determined by the Director. (Prior code § 8-05.090)
8-04.200 Effect of park regulations and enforcement.
The privilege of any person to use the parks is expressly conditioned upon compliance by that person with the provisions of this chapter as they apply to such use. A violation of any provision of this chapter shall be deemed an infraction punishable by a fine not exceeding twenty-five dollars ($25.00); a fine not exceeding one hundred dollars ($100.00) for a second violation within one year of the first; and a fine of two hundred fifty dollars ($250.00) for each additional violation within one year of the first. In addition, the person shall be subject to eviction from the park in which the violation occurs and other parks if necessary, all in accordance with the procedures in Section 8-04.210 of this chapter. This chapter shall be enforced by the Director and such of his or her agents as he or she may designate to perform said duty, as well as by peace officers having jurisdiction of any area in which a violation of any provision of the chapter may take place. (Prior code § 8-05.100)
8-04.210 Eviction.
A. A person is subject to eviction from a park when the following conditions occur:
1. The person is in violation of a park regulation;
2. The person has been warned in a manner that is reasonably calculated to reach that person that eviction may result from any further violation;
3. After receiving such warning, a further violation occurs;
4. No lesser sanction reasonably appears to suffice.
However, where a violation is of such magnitude or seriousness of violence, no warnings will be necessary prior to eviction.
B. A group is subject to eviction from the park when any one of the following conditions occur and no lesser sanction reasonably appears to suffice:
1. There is probable cause to believe that an unlawful assembly exists pursuant to California Penal Code Section 407;
2. There is a clear and present danger of imminent violence which cannot reasonably be forestalled without evicting the entire group;
3. There exists a group sponsored or organized activity which violates one or more park regulations and such group sponsored organized activity has not ceased as a result of one or more warnings given to the permit applicant and the group as a whole;
4. There are multiple individual violations of park regulations which have not stopped following the eviction of one or more such individual violators and violations continue after the group has had a reasonable opportunity to cure them.
(Prior code § 8-05.105)
8-04.220 Community center and sports complex.
A. Any person riding a skateboard or rollerblading at the skateboard facility shall wear a helmet, elbow pads, and kneepads.
B. Because of the particular design features of the skateboard facility, skateboarding at the facility is considered stunt, trick, or luge skateboarding.
C. Signs shall be posted at the skateboard facility to afford reasonable notice:
1. That any person riding a skateboard or rollerblading must wear a helmet, elbow pads, and kneepads, and any person failing to do so will be subject to citation under the city’s code;
2. That rollerblading by adults and skateboarding by persons over the age of fourteen (14) are deemed to be hazardous recreational activities and that the city may not be liable for injuries incurred by such persons participating in rollerblading and/or skateboarding at the skateboard facility.
D. Any person who is injured at the skateboard facility shall report the injury to city staff and shall complete an injury report form.
E. Any person using the skateboard facility is subject to the following rules and regulations:
1. The skateboard facility has been designed for use without the introduction of any outside obstacles, ramps, rails, or other similar materials or devices. Consequently, bringing to the facility or using any outside obstacles, ramps, rails, or other similar materials or devices at the skateboard facility is prohibited;
2. The hours of operation for the skateboard facility are from eight a.m. to ten p.m. Use of the skateboard facility outside of the hours of operation is prohibited. In addition, use of the skateboard facility after sundown when the skateboard facility lights are not on is prohibited;
3. Food and beverages are prohibited within the limits of the grinding rail at the skateboard facility;
4. Glass products, glass bottles, glass beverage containers, and any other type of glass object or material are prohibited;
5. The skateboard facility is a smoke-free area. The use of cigarettes, smokeless tobacco, or the use of any other type of tobacco or smoking product is prohibited;
6. The use of scooters, as defined in Section 11-32.010, is prohibited;
7. The use of profanity is prohibited; and
8. The Director of Community Services, or his or her designee, may, in his or her sole discretion, regulate the hours of operation at the skateboard facility for specified groups of users. The city shall post such regulations in appropriate signage at the skateboard facility. Any first violation shall be deemed an infraction and shall be punishable as set forth in Section 11-32.080.
F. The use of scooters, as defined in Section 11-32.010, skateboards, and bicycles are prohibited within the roller hockey rink.
(Ord. 2004-3 § 2; Ord. 2000-4 § 1)