Chapter 10.3
PROHIBITED ACTS IN CITY PARKS
Sections:
10.3.02 Prohibited acts without prior written permission.
10.3.03 Dogs on leashes in parks.
10.3.04 Definition of City park.
10.3.05 Suspension from City parks.
10.3.01 Prohibited acts.
No person shall do any of the following acts within the limits of any City park:
1. Cut, break or deface any tree, shrub, plant, rock, building, monument, fence, bench or other property or pull up, cut, take, or remove any shrub, plant, or flower, or write upon any building, monument, fence, bench, or other structure, or carry any flowers, shrubs, or branches into or through any park;
2. Cut or remove any wood, turf, grass, soil, rock, sand, or gravel;
3. Swim, bathe, wade in, or pollute the water of any fountain, pond, lake, or stream; provided, however, wading and swimming shall be permitted in pools provided for those purposes;
4. Ride any horse or other animal or propel any vehicle, cycle, or automobile elsewhere than on the roads or drives provided and marked for such purpose;
5. Indulge in riotous, boisterous, threatening, indecent, or immoral conduct or abusive, threatening, or profane language or throw stones or missiles;
6. Play or bet at or against any game which is played, conducted, dealt, or carried on with cards, dice, or other devices for money, chips, shells, credit, or any other representative of value, or maintain or exhibit any gambling table or other instrument or gambling or gaming, or play any game prohibited by any provision of this Code;
7. Play or engage in any game except at such place as shall be especially set apart for that purpose;
8. Take into, exhibit, or use any firearm, air gun, slingshot, firecracker, torpedo, rocket, or other fireworks, or other articles of like character;
9. Go upon any planter area, lawn or grass plot where prohibited by the Facilities Manager and which prohibition is indicated by sign, or in the absence of such sign, where it is clear that going upon the planter area, lawn or grass plot will damage such area;
10. Open, expose, or interfere with any water or gas pipe, hydrant, faucet, stopcock, sewer, basin, electrical line or other public utility construction;
11. Hang behind any vehicle or tow any vehicle of any kind; provided, however, in case of breakdowns within a park, the disabled vehicle may be towed to the nearest point of exit;
12. Play or practice golf or archery or fly motor driven model aircraft except in areas specifically designated and posted for such purpose;
13. Consume any alcoholic beverage, or have in one’s possession or on one’s person, any bottle, can or other receptacle containing any alcohol beverage which has been opened or the seal broken, or the contents of which have been partially removed;
14. Violate any federal, state or local law, rule or regulation; or
15. Use a tobacco or tobacco related product; or dispose of any tobacco or tobacco related product in any place other than a designated waste disposal container. Signs shall be posted in a quantity and manner reasonably likely to inform individuals occupying a City park that smoking and tobacco related product use is prohibited within the area.
For purposes of this subsection, “tobacco or tobacco related product” shall have the following meanings:
(a) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
(b) A product containing, made, or derived from any other weed or plant, including products made with cannabis, that is smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. This subsection shall not apply to food products intended for nourishment and sustenance.
(c) An electronic device that delivers nicotine, cannabis, or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
For purposes of this subsection, “use” shall mean lighting, heating, burning, smoking, chewing, ingesting, snorting, sniffing, inhaling, absorbing, dissolving, and vaping.
A violation of this subsection is an infraction. (Ord. 97-10, eff. June 5, 1997; § 2, Ord. 07-26, eff. August 8, 2007; § 1, Ord. 16-18, eff. October 12, 2016)
10.3.02 Prohibited acts without prior written permission.
No person shall do any of the following acts within the limits of any City park without the prior written permission of the Facilities Manager:
1. Lead, ride, drive, or let loose any cattle, horse, mule, goat, sheep, swine, dog, or fowl of any kind; provided, however, the provisions of this subsection shall not apply to dogs when led by a cord or chain not more than six feet (6') long;
2. Sell any tickets for a performance or activity or seek contributions for a performance or activity, whether conducted in the park or elsewhere;
3. Distribute any handbills or circulars or post, place, or erect any bills, notices, papers, or advertising devices or matter of any kind;
4. Make or kindle a fire for any purpose, except the use of barbecue briquettes for the purpose of cooking in cooking apparatuses installed in the park by the City;
5. Camp or lodge therein at any place not set apart for that purpose;
6. Practice, carry on, conduct, or solicit for any trade, occupation, business, or profession, except as provided in Chapter 33 of Title 5;
7. Row or sail on any pond, lake, or waters in any boat or raft, except a lake or pond provided for that purpose by the City;
8. Drive any traffic vehicle carrying goods, merchandise, lumber, oil, dirt, manure, sand, or soil, or any article of trade or commerce, or any offensive article or material whatsoever, upon any road or drive except when the same is being done for the improvement of the park and at the direction of the Facilities Manager;
9. Remain, stay, or loiter in any public park between the hours of 10:00 p.m. and 7:00 a.m. of the following day; provided, however, the provisions of this subsection shall not prevent persons from camping overnight in any portion of any park set aside for that purpose;
10. Use amplified sound devices inside the park, including the parking lot area, that are audible more than fifty feet (50') from the source;
11. Drive or ride any vehicle powered by an internal combustion engine, except for licensed and registered vehicles in designated parking areas and roadways; or
12. Drive or ride any vehicle of any type in excess of fifteen (15) miles per hour. (Ord. 97-10, eff. June 5, 1997; § 1, Ord. 11-05, eff. August 4, 2011; § 1, Ord. 17-11, eff. August 9, 2017; § 3, Ord. 19-15, eff. January 1, 2020)
10.3.03 Dogs on leashes in parks.
No person having the control or care of any dog shall permit such dog to enter or remain in a park unless such dog shall be led by a leash of suitable strength not more than six feet (6') in length. The owner or attendant of such dog shall be responsible for, and make good, any damages caused in any event by such dog, even if on a leash. The person having the control or care of any dog shall immediately remove and dispose of in an appropriate manner any solid defecation from such dog. (Ord. 97-10, eff. June 5, 1997)
10.3.04 Definition of City park.
For purposes of this chapter, “City park” shall mean any outdoor area owned or operated by the City and open to the general public for recreational purposes, regardless of any fee or age requirement, including but not limited to: parklands, including portions of parks, such as picnic areas, playgrounds, or sports fields; walking paths; gardens; hiking and nature trails; bike paths; horseback riding trails; athletic fields; skateboard parks; and amusement parks. “City park” shall also include a parking lot or any other area designated or primarily used for parking vehicles of persons accessing the City park. This definition shall not apply to any public street located outside of a City park that is designed and intended for regular motor vehicle travel or designated bicycle lanes located within such street. (§ 3, Ord. 07-26, eff. August 8, 2007)
10.3.05 Suspension from City parks.
(a) Violations of City ordinances, rules and regulations. Persons who violate provisions of the Clovis Municipal Code in a City park, violate applicable park rules and regulations, or engage in unsportsmanlike conduct during organized park events are subject to suspension from all City parks as follows:
(1) First offense at any park: warning.
(2) Second offense at any park within any thirty (30) day period: thirty (30) day suspension.
(3) Third offense at any park within any ninety (90) day period: ninety (90) day suspension.
(4) Fourth offense at any park within any three hundred sixty-five (365) day period: three hundred sixty-five (365) day suspension.
(b) Misdemeanor violations other than the municipal code. Persons who commit misdemeanor crimes in a City park, other than Clovis Municipal Code violations, are subject to suspension from all City parks as follows:
(1) First offense at any park: thirty (30) day suspension.
(2) Second offense at any park within any three hundred sixty-five (365) day period: one-year suspension.
(c) Felony violations. Persons who commit felony crimes in a City park are subject to suspension from all City parks as follows:
(1) First offense at any park: one-year suspension.
(d) Process. Conviction of a crime is not necessary for the suspension. An arrest is sufficient, subject to an administrative appeal as described herein. Suspensions may be imposed by the Police Chief, Parks Manager, Recreation Supervisor, or their designees.
(e) Appeal. Persons facing a suspension may request an administrative appeal before a hearing officer appointed by the City Manager. The request shall be in writing and filed with the City Clerk’s office within five (5) days of the suspension. The hearing shall be conducted in accordance with Chapter 28 of Title 5 except as follows:
(1) The appeal shall be held within seven (7) days of receipt of the appeal request, excluding City recognized holidays.
(2) The suspension shall not be stayed pending the appeal.
(3) After the appeal, the hearing officer may sustain, reverse, or modify the suspension. The hearing officer’s decision shall be final. (§ 2, Ord. 11-05, eff. August 4, 2011; § 22, Ord. 14-02, eff. March 5, 2014; § 1, Ord. 17-11, eff. August 9, 2017)