Chapter 12.20
PARK REGULATIONS

Sections:

12.20.010    Title.

12.20.020    Definitions.

12.20.030    Compliance with regulations required.

12.20.040    Rules and regulations applicable in city parks.

12.20.045    Authority to close.

12.20.050    Reservation of park area and structures.

12.20.060    Transfer of permits—Written consent required.

12.20.070    Appeal—Hearing—Council’s determination to be final.

12.20.080    Fees and deposits.

12.20.090    Insurance required—When.

12.20.100    Duty to leave closed or reserved areas.

12.20.110    Enforcement.

12.20.115    Consumption of alcohol unlawful.

12.20.120    Power boats prohibited on Laguna Lake.

12.20.130    Skateboarding, rollerblading, rollerskating in city parks.

12.20.140    Rules and regulations applicable to Santa Rosa Park skateboard park.

12.20.010 Title.

The ordinance codified in this chapter shall be known as the Park Ordinance of the city. (Prior code § 4226)

12.20.020 Definitions.

The following words shall have the meaning indicated when used in this chapter:

A. “Amplified sound” means music, sound wave, vibration or speech projected or transmitted by electronic equipment, including amplifiers.

B. “Director” means the director of parks and recreation or other person authorized by him or her, pursuant to law, to act in his or her stead.

C. “Park” means any parkland, playground, beach, or recreational facility, including any parking lots, open space, creek, or any other area or structure accessory thereto maintained and operated by the city of San Luis Obispo.

D. “Permit” or “reservation” means written authorization for exclusive use of parks or buildings, or portions thereof, as provided for and defined by this chapter.

E. “Vehicle” means any device by which any person or property may be propelled, moved or drawn, excepting a device moved by human power. (Prior code § 4226.1; Ord. 1309 § 2, 1996)

12.20.030 Compliance with regulations required.

It shall be unlawful to enter, be or remain in any park unless there is compliance at all times with all of the regulations set forth in this chapter applicable to such park and with all other applicable laws, ordinances, rules and regulations. (Prior code § 4226.2; Ord. 1309 § 3, 1996)

12.20.040 Rules and regulations applicable in city parks.

The following rules and regulations apply in all parks in the city, unless expressly stated otherwise elsewhere in this chapter.

A. Operations of Vehicles and Bicycles.

1. Roads for Public Use. The provisions of the California Vehicle Code are applicable in the city parks upon any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All violations of the Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof.

2. Surfaces Other than Roads for Public Use. No person shall drive or otherwise operate a vehicle in a city park, and no person shall ride a bicycle (as defined in the California Vehicle Code) in a city park, upon surfaces other than those maintained and open to the use of the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the director, and further excepting vehicles in the service of the city.

B. Solicitation Prohibited. No person shall practice, carry on, conduct or solicit for any occupation, business or profession in any city park or building, or sell or offer for sale any merchandise, article or anything whatsoever. This subsection shall not apply to any person acting pursuant to a contract with the city or under an authorization granted by the directors of parks and recreation.

C. Prohibition of Animals in Parks. No person shall cause, permit, or allow any animal owned or possessed by him or her or any animal in his or her custody or control to be present in the park except:

1. Equine animals being led or ridden under reasonable control upon any bridle paths or trails provided that they are designated and identified for such purposes;

2. Equine or other animals which are hitched or fastened at a place expressly designated for such purposes;

3. Dogs or cats when led by a cord or chain not more than six feet long, or when confined within the interior of a vehicle;

4. Dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements;

5. Small pets which are kept on the person of the possessor at all times;

6. In connection with activities authorized in writing by the director;

7. Animals in the park for grazing purposes pursuant to an agreement approved by the council. The parks and recreation director may prohibit animals in certain posted areas in city parks in the interest of public health, safety, comfort and welfare.

D. Amplified Sound in City Parks.

1. Purpose. The council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from the public nuisance of loud and unnecessary sound.

2. Permit Required for Amplifiers. It is unlawful for any person to install, use and operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving instructions, directions, talks, addresses and lectures, or of transmitting music to any persons or assemblages of persons in the park, or in the vicinity thereof, except when installed, used or operated in compliance with one of the following provisions:

a. By authorized law enforcement, fire department or park and recreational personnel;

b. Under a reservation or a permit issued by the director, and when operated in accordance with the terms of the reservation or permit.

3. Power Source for Amplifiers. Amplifiers permitted in parks shall be operated only through a power source provided by the park department.

4. Regulation of Amplified Volume. If, at any time, the police department determines that the sound produced by an amplifier in the park is unreasonably interfering with other persons using the park or with nearby residents in the comfortable and reasonable enjoyment of their premises, an officer shall request the person in charge of the assembly, or any other person appearing to be involved in the production of the sound, to immediately reduce the level thereof.

If the sound is not reduced within five minutes to a level satisfactory to the officer, he or she shall immediately disconnect all amplifiers from the power source provided by the park department. If the sound is reduced to a level satisfactory to the officer, and he or she thereafter finds that the sound level appears to have again been increased, he or she shall then disconnect all amplifiers from the power source provided by the park department.

5. The council shall by resolution adopt standards prescribing staff’s discretion in issuing permits for sound amplifiers, such standards as recommended by the city attorney.

E. Presence in Parks During Certain Hours Prohibited. It shall be unlawful to enter, remain, or stay in any public park between the hours of ten p.m. and five a.m. of the following day without approval from the director. (Ord. 1543 § 5, 2010; Ord. 1001 § 1, 1983; Ord. 976 § 1, 1983: prior code § 4226.3; Ord. 1309 §§ 4- 6, 1996)

12.20.045 Authority to close.

Any section or part of a park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and either entirely or merely to certain uses, as the director finds reasonably necessary. (Ord. 1001 § 2, 1983: prior code § 4226.12)

12.20.050 Reservation of park area and structures.

A. Reservation for Park and Recreation Department Activities. The director shall be responsible for scheduling and controlling the use of parks, or portions thereof, for the maximum benefit and participation by interested persons and groups, both public and private. Activities sponsored by the park and recreation department shall be given preference in the use of city parks.

B. Reservations by Permits. The following procedures shall be followed by persons desiring to reserve park areas for gatherings or assemblies.

1. Applications for permits must be submitted in writing at the office of the city parks and recreation department, not less than five working days nor more than ninety calendar days in advance of the intended use.

2. The director may impose such reasonable conditions upon the issuance of the permit as deemed necessary for the protection of the public health, safety and welfare, including without limitations, conditions related to: time, place, frequency, duration, consumption of alcoholic beverages, maximum attendance, parking restrictions, use of amplified sound, and placement of permitted apparatus.

3. The director may also require the applicant to provide additional water and sanitary facilities and refuse receptacles as reasonably believed to be necessary for the protection of the public health, safety and welfare in connection with the intended use.

4. The director may require the applicant to provide a designated number of approved security personnel for the purposes set forth by the chief of police upon such application.

5. The applicant shall agree to reimburse the city for any unusual cleanup and facility repair expenses incurred as result of the activity authorized by the permit.

C. Reservations by Formal Permits. The following procedures shall be followed by persons desiring to reserve park areas for gatherings or assemblies of fifty or more persons and by persons requested by the director to complete a request for formal permit under the provisions of subsection B of this section.

1. Applications for formal permits must be submitted in writing upon forms available at the office of the city park and recreation department, not less than five working days nor more than ninety calendar days in advance of the intended use.

2. The director may impose such reasonable conditions upon the issuance of the formal permit as he or she deems necessary for the protection of the public health, safety and welfare, including, without limitation, conditions related to time, place, frequency, duration, consumption of alcoholic beverages, maximum attendance, parking restrictions, and placement of permitted apparatus and equipment.

3. The director may also require the applicant to provide additional water and sanitary facilities and refuse receptacles as he or she reasonably believes to be necessary for the protection of the public health, safety and welfare in connection with the intended use.

4. The director may require the applicant to provide a designated number of approved security personnel for the purposes set forth by the chief of police upon such application.

5. The applicant shall agree to reimburse the city for any unusual cleanup and facility repair expenses incurred as result of the activity authorized by the permit. (Ord. 1309 § 7, 1996; prior code § 4226.4)

12.20.060 Transfer of permits—Written consent required.

No permit or reservation for the use of the park, or any portion thereof, shall be transferable without a written consent of the director. (Ord. 1309 § 8, 1996; prior code § 4226.5)

12.20.070 Appeal—Hearing—Council’s determination to be final.

Any person aggrieved by an act or determination of the parks and recreation director or the chief of police in the exercise of the authority herein granted shall have the right to appeal to the council pursuant to the provisions set forth in Chapter 1.20 of this code. (Ord. 1309 § 9, 1996; prior code § 4226.6)

12.20.080 Fees and deposits.

Fees or deposits required in connection with the issuance of a reservation or permit shall be paid at the time of such issuance. The fees or deposits may include, without limitation, such amounts as may be determined by the director or the chief of police to be reasonably necessary as security for repair of damage to park property, for cost of cleanup, and for extra personnel to regulate conduct and traffic. (Prior code § 4226.7)

12.20.090 Insurance required—When.

Any person or group reserving a city park facility or imposing admission charges for activities held within city parks shall provide evidence of current insurance holding the city harmless from any liability for injury to persons or property resulting from the activity. The minimum amount of such insurance shall be determined by the city’s risk manager. (Ord. 1309 § 10, 1996; prior code § 4226.8)

12.20.100 Duty to leave closed or reserved areas.

It shall be the duty of all persons to leave a park area for which a valid reservation or permit has been issued to any other person or group, or which has been closed by the director under Section 12.20.045 of this chapter, whenever directed to do so by the permittee or by authorized police or park personnel. (Ord. 1042 § 2, 1985: prior code § 4226.9)

12.20.110 Enforcement.

A. The police department shall have the primary responsibility for the enforcement of the provisions of this chapter.

B. In addition, all personnel in the parks and recreation department and all public works department personnel in the parks and building maintenance divisions shall have the duty to enforce the provisions of Sections 12.20.040 and 12.20.050.

C. Violations under this chapter shall be designated as infractions. (Ord. 1410 § 2, 2002: Ord. 1309 § 11, 1996; prior code § 4226.10)

12.20.115 Consumption of alcohol unlawful.

A. It shall be unlawful for any person to consume any alcoholic beverage in any city park or park area except:

1. During an activity conducted pursuant to an approved park permit as specified in Section 12.20.050;

2. During an authorized special event; provided, that consumption of alcohol is an approved condition for the special event.

B. Consumption of alcoholic beverages as described above shall be limited to the areas, times and places specified in the park reservation/permit or in the approved conditions for the special event. (Ord. 1309 § 12, 1996; Ord. 1270 § 1, 1994; Ord. 1066 § 1, 1986: Ord. 1042 § 2, 1985)

12.20.120 Power boats prohibited on Laguna Lake.

Any boat containing any source of power other than sails or oars, or more than one electric motor, is prohibited from operating on the lake located in the southwesterly portion of the city, adjacent to Madonna Road, Los Osos Valley Road, and Foothill Boulevard, and known as Laguna Lake, and the maximum speed of boats permitted to operate on the lake shall be five miles per hour. This section shall not apply to any boats authorized by the council for patrol or maintenance purposes. (Ord. 1309 § 13, 1996; prior code § 4281)

12.20.130 Skateboarding, rollerblading, rollerskating in city parks.

A. Use of skateboards, rollerblades, or roller skates on tennis courts, playgrounds, picnic/barbecue areas, entryways, patios to park facilities, and parking lots is prohibited except for activities authorized or operated by the parks and recreation department.

B. No person shall use, operate or strike a skateboard, rollerblades or roller skates against, onto or upon the side of buildings, fences, steps, benches, tables, play equipment, curbs, rails, ramps or similar objects or structures in a city park.

C. No person shall apply any foreign substance, including wax, oil, or other similar material, either as a solid or liquid, onto any curb, stair, railing, ramp, sidewalk, bench or other abutment for the purpose of aiding any stunt, turn or other acrobatic action while riding a skateboard, rollerblades or roller skates. Such application is prohibited from any city park without prior written approval of the parks and recreational director. (Ord. 1309 § 14, 1996)

12.20.140 Rules and regulations applicable to Santa Rosa Park skateboard park.

A. It shall be unlawful and a violation of this section for any person to engage in, or for any adult responsible for the supervision of a minor child to permit the minor child to engage in, any activity prohibited under this section.

B. The Santa Rosa Park skateboard park is an unsupervised facility. Riding or otherwise using a skateboard or any other permitted coasting device in the skateboard park, or entering into the skateboard park for the purpose of engaging in such activity, without a helmet, elbow pads and knee pads is prohibited.

C. Coasting devices permitted in the skateboard park are limited to skateboards, inline skates and scooters. All other uses and devices are prohibited.

D. Use of motorized vehicles within the skate park is prohibited.

E. Use or occupation of the skate park before seven a.m. or after dark is prohibited.

F. Use of alcoholic beverages and tobacco products at the skate park is prohibited.

G. Additional ramps, jumps, obstacles or any other equipment may not be brought into the skate park.

H. The use of coasting devices, including skateboards and inline skates, is considered hazardous recreational activities that create a substantial risk of serious injury or death to participants, those assisting participants, and spectators of such activities. All users of the skate park voluntarily assume the risk of serious injury or death in use of the skate park facility. (Ord. 1530 § 1, 2009)