Chapter 23.
PARKS AND LAKES. Revised 3/17 Revised 7/17

Article 1. General Regulations.

§ 23-1    Purpose & Findings.

§ 23-2    Definitions.

§ 23-3    Regulations in All Recreation Areas.

§ 23-3.5    Loitering Around Children’s Play Areas

§ 23-4    Alcoholic Beverages Prohibited; Exceptions. Revised 3/17

§ 23-5    Park Closing Hours. Revised 7/17

§ 23-5.5    Expulsion from Parks

§ 23-6    Flying Remote Control Models.

§ 23-7    Solicitation in Scholze Park. (Ord 3393, 09/07)

§ 23-8    Dogs, Horses and Other Animals Prohibited in Certain Recreation Areas.

§ 23-9    Camping, Picnicking and Day Use Permits.

§ 23-10    Recreation Buildings.

§ 23-11    Golf.

§ 23-12    Permits Required for Group and Other Activities; Prohibited Activities.

§ 23-13    Temporary Closing of Parks for Repair and Maintenance.

§ 23-14    Skate Parks

(Sections 23-15 through 23-19 reserved for future use)

Article 2. El Estero Park.

§ 23-20    El Estero Park - Description.

§ 23-21    Effect of Regulations on Sub-areas.

§ 23-22    Swimming.

§ 23-23    Boating.

§ 23-24    Fishing.

§ 23-25    Feeding of Birds and Animals.

§ 23-26    Adult Responsibility.

(Sections 23-27 through 23-29 reserved for future use)

Article 3. Ed Ricketts Park

§ 23-30    Ed Ricketts Park - Established

§ 23-31    Effect of General Regulations

§ 23-32    Special Regulations

ARTICLE 1.
GENERAL REGULATIONS.

Sec. 23-1. Purpose & Findings.

In order to maintain and protect the City’s parks and recreation facilities and to ensure their availability as a shared resource to all members of the public, this Chapter sets forth standards for park utilization and maintenance.

Sec. 23-2. Definitions.

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section.

Alcoholic Beverages. Alcohol, spirits, liquor, beer, wine or other liquid which contains one-half of one percent (1/2%) or more of alcohol by volume.

Boat. Any boat, ship, vessel, raft or inflated object which will float on water, including miniature or model boats.

Camping. The occupation of any camper, trailer or other vehicle equipped for human habitation, the erection of any tent or other shelter, the arrangement of sleeping bags or bedding for the purpose of, or which will permit, remaining overnight.

Commercial Activity. Selling, offering for sale, advertising for sale or solicitation for future delivery or performance of any goods, wares, merchandise or services including magazines, newspapers, pamphlets, periodicals, food or beverages in any recreation area.

Designated Area. An area specially equipped or posted with appropriate signs for camping, picnicking, parking of motor vehicles or other authorized activity.

Director. The Community Services Director of the City or his or her authorized representative.

Fishing. The taking or attempt to take or catch fish by any means.

Overnight. The hours between 10:00 P.M. of one day and 6:00 A.M. of the following day.

Permit. Written authorization to make use of any park, recreation area or portion thereof, and includes any conditions set forth herein.

Picnicking. The consumption of food or beverages.

Recreation Area. All parks, places, greenbelts, gardens, beaches and any other property owned by the City, including structures thereon, used, operated or maintained for recreational purposes, whether active or passive. The term “owned” shall mean any property interest under which the City operates, maintains or controls such property. The term shall also include any property owned and maintained as open space.

Swim. Includes swimming, wading and bathing.

Trash. Garbage, solid waste, refuse, litter, paper, animal and vegetable matter, and rubbish.

Vehicle. A device by which any person or property may be propelled, moved or drawn, including bicycles. (Ord. 3472 § 1, 2012)

Sec. 23-3. Regulations in All Recreation Areas.

It shall be unlawful for any person to:

(a)    Camp, except in designated areas.

(b)    Camp without first obtaining a permit. At Veteran’s Memorial Park, paying a fee and filling out the required card constitutes a permit.

(c)    Enter or remain on the premises after the established closing hours.

(d)    Picnic, except in designated areas.

(e)    Operate or park a vehicle in other than designated areas or over established roads.

(f)    Burn, kindle, light or maintain any fire during the hours of 10:00 p.m. to 6:00 a.m. or to burn, kindle, light, or maintain a fire during permitted hours which is not fully contained within City-provided fireplaces or fire rings, or fully contained within a portable barbecue; or, to dispose of any charcoals, coals, embers, or other residue from a barbecue in any beach area except in a City-provided fireplace or fire ring.

(g)    Operate a vehicle in excess of 15 miles per hour on park roads.

(h)    Engage in commercial activity of any kind, except under lease, concession or permit from the City.

(i)    Allow or permit any person under the age of six under their custody, jurisdiction or control, to enter or remain without providing adequate supervision.

(j)    Park or allow any vehicle to remain in excess of eight consecutive hours, except in conjunction with a valid camping permit.

(k)    Leave, drop, place or deposit any trash; except in receptacles provided for trash. Glass containers and wood pallets (Ord. 3290; 2/01) are not allowed on beaches under the control of the City.

(l)    Wilfully or negligently pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, burn or carry away any tree or plant or portion thereof, whether alive or dead.

(m)    Conduct or participate in an assembly or public demonstration without a permit issued jointly by the Chief of Police and the Community Services Director pursuant to Sections 32-4 and 32-5 of this Code.

(n)    Remain at an assembly or public demonstration after having been requested to leave by a peace officer. (Ord. 3472 § 1, 2012)

Sec. 23-3.5. Loitering Around Children’s Play Areas

No person 18 years old or older shall loiter in or about any park facility or play area primarily designed or restricted for use by children under the age of 12 unless accompanying a child under the age of 12 utilizing the facility and who is under their custody, supervision, care or control if the area is appropriately signed as a children’s play area. Ord. 3290; 2/01

Sec. 23-4. Alcoholic Beverages Prohibited; Exceptions. Revised 3/17

It shall be unlawful for any person to consume or have in their possession an open container of any alcoholic beverage in any park or recreation area, except as follows:

(a)    Alcoholic beverages are permitted within the areas specifically designated as picnic/barbecue facilities in City park and recreation areas.

(b)    Alcoholic beverages are not permitted on public beaches except by valid written permit issued by the Director. The term “public beach” is defined as any beach area used for recreational purposes which is owned, operated or controlled by the City, State, or State or local agency, or any unimproved beach area privately owned but used by the public for recreational purposes with or without permission of the property owner.

(c)    Alcoholic beverages are permitted at Colton Hall lawn, Friendly Plaza, Monterey Bay Park, the Lower Presidio Historic Park, and Frank E. Sollecito, Jr. Ballpark with a valid written permit issued by the Director. (Ord. 3563 § 2, 2017; Ord. 3546 § 3, 2016)

Sec. 23-5. Park Closing Hours. Revised 7/17

It shall be unlawful for any person or vehicle to enter or remain on the premises of any City park, including park grounds and parking lots, between the hours of 10:00 p.m. and 6:00 a.m., except by permit or written authorization from the Community Services Director. (Ord. 3568 § 3, 2017; Ord. 3472 § 1, 2012)

Sec. 23-5.5. Expulsion from Parks.

Any person participating in disorderly or unruly conduct in any park facility may be expelled from the facility for a period not to exceed one week by any person designated by the Community Services Director to supervise that facility or any police officer. Any person expelled from a facility may appeal that decision to the Community Services Director in writing within five (5) business days. The Community Services Director shall cause a hearing to be held within fourteen (14) days to determine whether the expulsion was valid or not. Any person found to violate this section a second or subsequent time within two (2) years shall be subject to expulsion of up to six (6) months, with the same rights of appeal set forth above. The penalty of expulsion shall be in addition to and not in lieu of any other legal remedy established for violations of this Chapter. (Ord. 3472 § 1, 2012; Ord. 3290, 2001)

Sec. 23-6. Flying Remote Control Models.

No person shall operate any model in any park, playground, beach, or public recreation area. For purposes of this Section, model shall mean:

(1)    Any device that flies, whether uncontrolled or controlled by radio, wire, or string, and is powered by internal combustion, electricity, gasoline, or any other type of fuel.

(2)    Any device that flies by whatever means weighing more than eight ounces.

This Section shall not apply to models in any area specifically designated by the City for the use of such models if the person using the model is in compliance with posted rules governing the use of the designated equipment.

Sec. 23-7. Solicitation in Scholze Park.

It shall be unlawful to solicit contributions in any manner from any person in Scholze Park or upon the sidewalk immediately adjacent to the park.

Sec. 23-8. Dogs, Horses, and Other Animals Prohibited in Certain Recreation Areas.

(a)    It shall be unlawful for any person to allow, cause or permit any dog, or other animal under his charge, care, ownership or control to enter or remain in any park or recreation area, except those parks and areas specifically listed as follows:

(1)    El Estero Park, excluding El Estero Park picnic area, the Skate Park, and Dennis the Menace Playground. (Ord 3393, 09/07)

(2)    Beach area under control of the City located east of Wharf No. 2

(3)    Veterans Memorial Park

(4)    Recreation Trail

(5)    Any area specifically designated by written authorization from the Community Services Director.

Dogs and other animals permitted in the above-listed areas must be on a leash, no longer than six feet (6') and which must be held by a person or made fast to some stationary object at all times. Pursuant to Section 6-16.6, any excrement deposited by the animal must be promptly removed.

Leashed or harnessed guide dogs for the blind or visually impaired, signal dogs for the deaf or hearing impaired, or service dogs for individuals with any other disability are excepted from this section and shall be permitted in all park and recreation areas. Harnessed or unharnessed police dogs and dogs used by the City to control wildlife in public areas, during the time such dogs are engaged in these permitted activities and are under the control of their owner or trainer, are excepted from this section and shall be permitted in all park and recreation areas.

(b)    Notwithstanding the provisions of subsection (a) above, horses, ponies and other members of the equine family are specifically prohibited from all park and recreation areas except for the beach area under control of the City located east of Wharf No. 2. Pursuant to section 6-16.6 of this Code, any excrement deposited by the animal at said beach area must be promptly removed. (Ord. 3472 § 13, 2012; Ord. 3424 § 9, 2009)

Sec. 23-9. Camping, Picnicking, and Day Use Permits.

(a)    Camping (Ord 3370, 04/2006): The Director may issue permits for individual or family camping in Veterans Memorial Park for periods not to exceed seventy-two (72) consecutive hours. The Director may issue permits for group camping in Veterans Memorial Park and Whispering Pines Park. Said permits may contain conditions for the use of said areas, including the arrival and departure times and the maximum number of persons allowed, not inconsistent with this Article.

Camping is limited to three consecutive days. The camper must then check out and remain out of the park for at least one night. The camper may then return for another three consecutive nights repeating the process of three in, one out, for a total of 30 nights spent in the campground. At the end of the 30-night stay, the camper must vacate the park for at least 30 consecutive nights before returning to repeat the process of three in, one out, for another 30-night stay.

The Director may establish reasonable rules and regulations for the management of the campground with the approval of the Parks and Recreation Commission.

(b)    Picnicking: The Director may issue permits for group picnics in any park where adequate facilities exist. Said permits shall be a reservation of space in said park. The Director may establish reasonable regulations in said permit not inconsistent with this Article.

(c)    Day Use: The Director may issue permits for the day use of recreational facilities to groups such as the Boy Scouts, Girl Scouts, YMCA and other similar organizations and may attach reasonable conditions to said permits. Said permits shall allow said group the exclusive use of the area designated.

(d)    Fees: The City Council may, by resolution, establish the fees for the issuance of camping and picnicking permits.

Sec. 23-10. Recreation Buildings.

Recreation buildings shall be used primarily for programs operated or sponsored by the City. The Director may issue permits for group use of such buildings provided the use, number of persons and hours of use do not conflict or interfere with the primary use. The Director may impose reasonable conditions to granting such permits, including the imposition of a reasonable fee to cover the cost of clean-up and supervision.

Sec. 23-11. Golf.

Golfing is prohibited in all park and recreation areas unless specifically posted for golf.

Sec. 23-12. Permits Required for Group and Other Activities; Prohibited Activities.

(a)    The Director shall, as a condition of the following listed uses of any City park and recreation area or facility, require the proposed user of such facility to apply for a permit. Such uses are specifically prohibited in all park and recreation areas unless a permit has been issued by the Director. In determining whether to issue a permit, the Director shall consider such factors as the size and configuration of the area where the proposed use is to occur, the condition of the turf, whether or not such use is likely to cause damage to the turf and/or adjacent trees and plants, whether or not adequate safety measures will be taken to protect the health and welfare of the participants and/or other park users, and whether the proposed use will interfere with use and enjoyment of the area by other users. The Director may, in granting permits, attach such reasonable conditions as may be necessary to coordinate the use of the facility with other users, i.e., days and hours of use and payment of fees. The uses requiring such a permit shall include, but are not limited to, the following:

1.    Group Use. “Group use” is defined as use of any park or recreation area by any formal or informal group, league or similar organization.

2.    Adult Soccer Games. “Adult soccer” is defined as any game of soccer involving six or more players, when at least two of the players are over the age of 18.

3.    Inflatable Playhouses and Hot Air Balloons.

The Director may revoke any permit for violation of the conditions or may refuse to issue permits to groups who have previously violated the conditions of permits granted to them.

(b)    The following activities shall be prohibited at the locations specified below and no permits may be issued therefor:

1.    Adult soccer, as defined in subsection (a)(2) of this section, shall be prohibited at Montecito Park. (Ord. 3418 § 1, 2008)

Sec. 23-13. Temporary Closing of Parks for Repair and Maintenance.

The Director may close any recreational facility or portion thereof to the public for the purpose of repair, maintenance or when usage would do damage to the facilities beyond normal wear and tear. When it is deemed necessary to temporarily close a facility, the Director shall cause signs to be placed giving notice that such facility is closed and that entry is unlawful.

Whenever the Director has determined it necessary to close a facility and has caused signs to be placed, it shall be unlawful for any person or persons to enter or remain in the facility or portion thereof which has been closed.

Sec 23-14. Skate Parks.

a)    Skate parks are for the use of persons riding the following non-motorized recreational devices: skateboards, scooters, wheelchairs, roller skates or in-line skates only. Any other use by operators of bicycles or other vehicles or similar devices is prohibited. No person shall utilize any skate park unless wearing a helmet, elbow pads and knee pads. (Ord. 3290, 2/01)

b)    Signs shall be posted at City skate park(s) as notice to any person using the facility that they must wear a helmet, elbow pads and knee pads and that any person failing to do so will be subject to citation for violating this section, prohibition from using the facility, or both. One sign shall be posted at any entrance to the skating area and one or more sign(s) shall be posted at another location within the skating area. (Ord. 3543 § 3, 2016; Ord. 3472 § 1, 2012; Ord. 3268 § 1, 1999)

(Sections 23-15 through 23-19 reserved for future use)

ARTICLE 2.
EL ESTERO PARK.

Sec. 23-20. El Estero Park - Description.

El Estero Park is described as all of that area, including the water area, bounded by Fremont Street, Camino Aguajito, Del Monte Boulevard, and Camino El Estero, excluding therefrom the Cemetery owned and operated by the Catholic Church and the City of Monterey (El Cemeterio Encinal).

Sec. 23-21. Effect of Regulations on Sub-areas.

These regulations shall not be construed to repeal the regulations within this Chapter affecting sub-areas within El Estero Park.

Sec. 23-22. Swimming.

It shall be unlawful to swim in the water area within El Estero Park.

Sec. 23-23. Boating.

It shall be unlawful to launch, operate or maintain any boat in any water area of El Estero Park, except for all boats provided by the City’s concessionaire, or instructional programs authorized by the City, or model sailboats which shall be permitted only in the Camino El Estero finger of Lake El Estero.

Sec. 23-24. Fishing.

It shall be unlawful to fish in El Estero Park in any area where fishing is prohibited or where special rules or restrictions apply to the taking of fish, and signs are in place giving notice of said prohibitions or restrictions. The City Council may by resolution prohibit fishing from certain land areas or within certain water areas and may establish special rules for the method or manner of taking fish.

Sec. 23-25. Feeding of Birds and Animals.

It shall be unlawful to feed any bird or animal, except a domestic pet under the person’s jurisdiction and control within El Estero Park.

Sec. 23-26. Adult Responsibility.

It shall be unlawful for any adult to allow, assist, or permit any minor under the adult person’s custody or control to violate any section of this Chapter.”

(Sections 23-27 through 23-29 reserved for future use)

ARTICLE 3.
ED RICKETTS PARK

Sec. 23-30. Ed Ricketts Park - Established

Ed Ricketts Park is established as an underwater park and recreational facility to include those lands in the area from the tip of the Coast Guard Breakwater to the Pacific Grove City Limit Line to a depth of 10 fathoms (60 feet), with the boundaries to be delineated in a suitable manner. (Ord. 3242 § 1, 1999)

Sec. 23-31. Effect of General Regulations

Because of the nature of this underwater preserve, to the extent the general regulations set forth in Sec. 23-3 would be clearly inapplicable to this facility, the provisions of Sections 23-3(a) through (g), and (j) shall not apply in this park.

Sec. 23-32. Special Regulations

(a)    It shall be unlawful to spearfish within the park.

(b)    Recreational fishing by hook and line is permitted subject to California Department of Fish and Game rules and regulations.

(c)    Commercial fishing by net is permitted in the area as long as kelp beds are not disturbed.

(d)    Kelp harvesting is allowed by persons acquiring a permit from the City and who possess a valid kelp harvesting permit from the California Department of Fish and Game. Kelp permit regulations will be established by Resolution, and the City Council may, by Resolution, restrict or prohibit the harvesting of kelp within all or portions of the park to facilitate scientific studies, to protect against overharvesting of kelp, or to otherwise protect this natural resource. It shall be unlawful to harvest kelp in violation of this section or any Resolution establishing a zone of prohibition.

(e)    Collection or harvesting of marine life within the park is permitted only with written permission from the City based on a recommendation from an oversight committee of the City which shall be established by Resolution and which will consist of members from the scientific community, the conservation community, the California Department of fish and Game, the diving community, the business community, the commercial fishing industry, the kelp harvesting industry, and a City representative, whom shall be appointed by the City.