Chapter 14.04
GENERAL PROVISIONS
Sections:
14.04.020 Delegation of Powers.
14.04.030 Parks, Public Places, and Facilities Under Control Designated—Enforcement Authority.
14.04.040 Signs—Placement and Maintenance Authority—Obedience Required.
14.04.050 Compliance with Title Provisions—Ejection of Violators Authorized When.
14.04.060 Enforcement Authority.
14.04.070 Liability Limitations.
14.04.080 Rules, Policies, and Revocation of Privileges.
14.04.010 Title for Citation.
The ordinance codified in this title shall be known as, and may be cited as, the “parks and other public places ordinance.” (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.04.020 Delegation of Powers.
Whenever a power is granted to or a duty is posed upon the City Manager or other public officer, the power may be exercised or the duty performed by a deputy of the public officer or other person so authorized, pursuant to law, by the City Manager, except as otherwise provided by this title. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.04.030 Parks, Public Places, and Facilities Under Control Designated—Enforcement Authority.
The City Manager is vested with authority over and control of all parks, public places, and facility amenities, including those owned, leased, controlled, constructed or maintained by a lessee or private fee owner, for the purpose of causing to be corrected any condition which violates, or which would tend to cause or contribute to any violation of, the purpose and provisions of this title. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.04.040 Signs—Placement and Maintenance Authority—Obedience Required.
The City Manager may place and maintain, or cause to be placed and maintained, either on land or water, such signs, notices, signals, buoys or control devices necessary to carry out the provisions of this title, or to insure public and orderly and efficient use of any park or public place. A person shall comply with any sign, notice, signal, control device, or buoy placed or erected pursuant to this section. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.04.050 Compliance with Title Provisions—Ejection of Violators Authorized When.
Permission to be within the limits of any park or public place, as defined by this title, or to use any facility amenities, is conditioned on compliance with all applicable provisions of this title and the Municipal Code, and applicable rules, policies, and regulations adopted by the City Manager governing the use of parks or public places. A violation of any provision of this title or any order, rule or regulation authorized by this title, or any other applicable law, ordinance, rule, or regulation, shall result in the person so violating forfeiting such participation privileges, and/or being a trespasser, and an Enforcement Officer or the City Manager may eject any such person from a park or public place. However, a violation of this title shall not result in any person being denied access to City Hall to conduct City business or attend public meetings. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.04.060 Enforcement Authority.
Except as specifically provided in this title, the City Manager or Enforcement Officer shall enforce the provisions of this title. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.04.070 Liability Limitations.
A person exercising any of the privileges authorized by this title does so at his or her own risk without liability on the City or its officers, employees and agents, for death or injury to persons or damage to property resulting therefrom. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.04.080 Rules, Policies, and Revocation of Privileges.
The City Manager may establish reasonable rules, policies, or regulations governing the use and enjoyment of any park or public place in order to maximize the use and enjoyment of the park or public place by the public in addition to those contained in this title, and no person shall disobey or violate same. Rules, policies, or regulations established by the City Manager shall be posted in conspicuous location(s) within parks, public places, and facility amenities for the public’s information. Any person who violates a rule established by this title or a park or public place rule, policy, or regulation established by the City Manager is subject to immediate ejection from the park or public place by the City Manager or Enforcement Officer. In addition to ejection, any person who violates a rule established by this title or a park or public place rule, policy, or regulation established by the City Manager may be suspended from all park or public place use. For violations of any rule established by this title, the penalty of expulsion shall be in addition to, and not in lieu of, any other legal remedy established for violations of the Municipal Code. For violations of a park or public place rule, policy, or regulation established by the City Manager that are not set forth expressly in this title, ejection and/or suspension shall be the sole remedy. (Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.04.090 Permits.
A. All applications for permits required by the provisions of this title shall be made to the City Manager on such forms provided, and shall contain such information as the City Manager shall deem appropriate. Applications shall be accompanied by such fees as may be established provided that no fee shall be charged where the event involves an exercise of free speech rights.
B. Permits issued under the provisions of this chapter are subject to such reasonable conditions as the issuing body may deem necessary in order to ensure that the proposed use will be compatible with the general uses of the park or public place. Such conditions may include, but shall not be limited to, the following:
1. Limitations upon the times during which the proposed use will be permitted;
2. Limitations upon the locations at which the use will be permitted;
3. Limitations upon the number of people that will be permitted to participate in a use at a given location;
4. Limitations upon the type of equipment allowed and the manner in which it is utilized;
5. Requirement that the applicant furnishes private patrol or security where the nature of the use will impose undue burdens on the police services of the City;
6. Requirement that the applicant provide temporary sanitary facilities, trash containers, etc.; and
7. Require that the applicant post fees, deposits or other security to cover extraordinary costs which may be incurred by the City as a result of the proposed use.
C. No conditions imposed hereunder shall unreasonably interfere with the rights of individuals to express themselves or assemble; provided, however, that such activities shall be subject to such reasonable regulations so as to ensure the rights of the people to use their public parks or public places shall not be unreasonably impaired. All permittees shall comply with all park or public place rules and regulations, unless otherwise specifically exempted therefrom.
Every person must immediately vacate that portion of any park or public place that has been reserved for use by another person and/or entity upon being presented with a permit obtained pursuant to this title. (Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)
14.04.100 Violation/Penalty.
Any person who violates any provision of this title shall be prosecuted civilly or criminally, pursuant to Title 23, as either an infraction, misdemeanor, civil nuisance, or administrative citation, and will be subject to the applicable penalties under Chapter 23.10, in addition to any other applicable penalties or remedies prescribed by law. (Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)