Chapter 12.24
PARKS
Sections:
12.24.010 Definitions.
12.24.020 Compliance with rules and regulations.
12.24.030 Compliance with signs and notices.
12.24.040 Closure of grounds.
12.24.060 Horses and vehicles.
12.24.070 Performing of labor.
12.24.080 Flying kites and playing games.
12.24.090 Peddling and vending.
12.24.120 Disturbing animals.
12.24.130 Deposit of rubbish.
12.24.150 Disorderly conduct.
12.24.170 Bathing.
12.24.180 Pollution of waters.
12.24.190 Undressing at beach.
12.24.200 Parental responsibility.
12.24.210 Group gatherings.
12.24.230 Injuring plant life.
12.24.240 Removing plant life and other materials.
12.24.250 Vandalizing buildings and fixtures.
12.24.260 Violation – Penalty.
12.24.010 Definitions.
As used in this chapter:
A. "Park" includes all areas owned by the city which are designated for public recreational use, whether active or passive, including all paths, roadways, avenues, parkways, recreation centers and structures and equipment located thereon.
B. "Park commission" means the city council or any other board, commission or committee of the city to which the city council has delegated jurisdiction over any matter set forth in this chapter.
C. "Person" includes persons, associations, partnerships, firms, corporations and governmental entities other than the city.
D. "Grounds" include all areas owned by the city which are designated for open space use, including areas commonly known as parklands, and including all paths, roadways, parkways and structures and equipment located thereon.
E. "Group gathering" means any meeting or collection or assemblage of people for any purpose including but not limited to active recreational uses, social occasions or personal celebrations, where the total number of persons attending such meeting, collection or assemblage exceeds ten. (Ord. 621 § 1, 1999: Ord. 23 §§ 1 - 4, 1940)
12.24.020 Compliance with rules and regulations.
No person shall disobey or violate any of the rules or regulations of the park commission, governing the use and enjoyment by the public of any park, square, avenue, grounds or recreation center, or governing the use and enjoyment of any building, structure, equipment, apparatus or appliance thereon, which rules or regulations at the time, are posted in some conspicuous place in the park, square, avenue, grounds or recreation center, or in or near the building, structure, equipment, apparatus or appliance to which the rule or regulations applies. (Ord. 23 § 5, 1940)
12.24.030 Compliance with signs and notices.
No person shall disobey any instruction, sign or notice posted by the park commission in any park, square, avenue, grounds or recreation center, or in any building, structure, construction or erection thereon for the control, management or direction of such park, square, avenue, grounds, recreation center, building, structure, construction or erection. (Ord. 23 § 6, 1940)
12.24.040 Closure of grounds.
When the city manager determines that immediate interests of the public health, safety or welfare demands such action, any park, square, avenue, grounds or recreation center, or any part or portion thereof, may be closed against the public and all persons may be excluded therefrom until the situation upon which the determination of the city manager is based has ceased. The city manager shall open the park, square, avenue, grounds or recreation center or parts thereof so closed again to the public upon the cessation of the situation upon which his or her determination was based or upon order of the park commission. (Ord. 621 § 2, 1999: Ord. 23 § 7, 1940)
12.24.060 Horses and vehicles.
No person shall ride or drive any horse or other animal, or drive or propel any vehicle within any park, square, avenue, grounds or recreation center, except upon the roads, driveways, bridle paths and highways provided and designated by the park commission for such use, and must ride or drive such horse or other animal or drive or propel such vehicle in a careful manner, at a lawful rate of speed, and in accordance with the rules and regulations made by the park commission. (Ord. 23 § 9, 1940)
12.24.070 Performing of labor.
No person shall perform any labor in or upon any park, square, avenue, grounds or recreation center, such as taking up or replacing soil, turf, ground or pavement, structure, tree, shrub, plant, grass, flower and the like, except under the supervision and control of the public works director and by virtue of a permit issued by the park commission to some person, authorizing such labor. (Ord. 23 § 10, 1940)
12.24.080 Flying kites and playing games.
No person shall fly a kite or play or participate in any organized game in any paved square, avenue or recreation center, except at such places as designated for such use by the park commission. (Ord. 621 § 4, 1999: Ord. 23 § 11, 1940)
12.24.090 Peddling and vending.
No person shall bring or cause to be brought into, for the purpose of sale or barter, or have for sale, or sell or exchange, or offer for sale or exchange any goods, wares or merchandise or other things in any park, square, avenue, grounds or recreation center, nor shall any person perform or offer to perform for consideration any service in any park, square, avenue, grounds or recreation center, without first having obtained a permit, concession, license or lease from the park commission to do so, in accordance with all other requirements of law. (Ord. 621 § 5, 1999: Ord. 23 § 12, 1940)
12.24.120 Disturbing animals.
No person shall hunt, chase, shoot, trap, discharge or throw missiles at, molest, disturb, snare, catch, injure or destroy any animal, bird or reptile in any park, square, avenue, grounds or recreation center. (Ord. 23 § 17, 1940)
12.24.130 Deposit of rubbish.
No person shall throw, place, cast, deposit or dump, or cause to be thrown, placed, cast, deposited or dumped any ashes, refuse, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, scraps, dirt, dead animals, beverage containers, boxes, cartons, waste paper, remains of foods, newspaper, filth or rubbish of any kind in any park, square, avenue, grounds or recreation center, except to place the same in such receptacles as are provided for such matter. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. (Ord. 627 § 23, 2001: Ord. 23 § 18, 1940)
12.24.150 Disorderly conduct.
No person shall in any park, square, avenue, grounds or recreation center:
A. Do any obscene act;
B. Throw stones or other missiles;
C. Fire or carry firearms;
D. Fire or carry any firecracker, torpedo or fireworks;
E. Make any fire or cook any food, except at places designated by the park commission for such use;
F. Climb upon any wall, fence, shelter, statue, building or fountain. (Ord. 621 § 9, 1999: Ord. 23 § 20, 1940)
12.24.170 Bathing.
No person shall bathe in any tank, reservoir, pool or fountain in any park, square, avenue, grounds or recreation center, except at places designated by the park commission for such purpose. (Ord. 23 § 22, 1940)
12.24.180 Pollution of waters.
No person shall throw or place or cause to be thrown or placed any dirt, filth or foreign matter in the waters of, or near to the waters of, any pool, tank or reservoir in any park, square, avenue, grounds or recreation center. (Ord. 23 § 23, 1940)
12.24.190 Undressing at beach.
No person shall undress at the beach except at such place or places as have been designated by the park commission for such purpose. (Ord. 23 § 24, 1940)
12.24.200 Parental responsibility.
No parent, guardian or custodian of a minor shall permit or allow such minor to do any act or thing in any park, square, avenue, grounds or recreation center prohibited by the provisions of this chapter. (Ord. 23 § 25, 1940)
12.24.210 Group gatherings.
A. Farnham Martin Park is recognized by the city as having unique characteristics, based upon its immediate contiguity to residential property on one side, and its use as the entrance way to the Malaga Cove Library located on the other side. Group gatherings at Farnham Martin Park would, therefore, create significant adverse impacts to both private property and the public in general if permitted to occur without control.
B. It is unlawful for any person to hold or participate in any group gathering at Farnham Martin Park unless a permit therefor is first obtained in accord with the provisions of subsection C of this section. Notwithstanding the foregoing, in no event shall a group gathering occur or be permitted at Farnham Martin Park at any time that the Malaga Cove Library is open.
C. An application for a permit to utilize Farnham Martin Park for a group gathering shall be submitted to the city clerk not less than seven days prior to the intended date of the group gathering. The city manager may issue a permit for the proposed group gathering if he determines that such gathering may be conducted without generating adverse impacts to neighboring residential properties or to use of the Malaga Cove Library. In issuing a group gathering permit under this section, the city manager may impose such terms and conditions as he deems advisable to avoid such adverse impacts.
D. The provisions of this section shall not apply to any meeting, collection or assemblage of people where the purpose and result of such gathering is solely for such people to engage in noncommercial activity protected by the First Amendment to the United States Constitution.
E. The fee for group gathering permit shall be in the amount established by resolution of the city council. (Ord. 621 § 11, 1999: Ord. 23 § 26, 1940)
12.24.230 Injuring plant life.
No person shall cut, break, dig up, pull up, pluck or in any manner injure any tree, bush, shrub, flower or plant growing in any park, square, avenue, grounds or recreation center, or in any building or structure within any park, square, avenue, grounds or recreation center. (Ord. 23 § 28, 1940)
12.24.240 Removing plant life and other materials.
No person shall remove or take away any tree, wood, bush, turf, flower, plant, grass, soil or rock, or anything of like
kind, from any park, square, avenue, grounds or recreation center. (Ord. 23 § 29, 1940)
12.24.250 Vandalizing buildings and fixtures.
No person shall destroy, mutilate, deface, cut, scratch, mark upon, write upon, print upon, paint upon, or otherwise mar, or mutilate, or deface, or injure any building, or structure, restroom, toilet, or any wall, fence, door, fixture, or any part thereof, or any furniture, equipment or apparatus therein, within any park, square, avenue, grounds or recreation center. (Ord. 23 § 30, 1940)
12.24.260 Violation – Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and upon conviction thereof, shall be punishable as described in Section 1.16.010 (C). (Ord. 495 § 12, 1989: Ord. 23 § 31, 1940)