Chapter 9.36
CONDUCT IN PARKS, PLAZAS, STREETS AND SIDEWALKS AND OTHER PLACES1
Sections:
9.36.030 Miscellaneous unlawful acts.
9.36.100 Ban on consumption of alcoholic beverages in certain locations.
9.36.110 Drums and amplified instruments.
9.36.120 Skateboards, skates and in-line skates.
9.36.010 Park defined.
As used in this chapter, the word “park” means any public park, public recreation area or public plaza. (Ord. 639 § 1(part), 1995).
9.36.020 Vehicles.
No person shall, in any park, drive any vehicle, cycle or automobile except on roads or drives provided for such purpose. (Ord. 639 § 1(part), 1995).
9.36.030 Miscellaneous unlawful acts.
It is unlawful for any person in any park to:
A. Damage, deface or destroy, by any means whatsoever, any public property planted, placed, located or otherwise situated in a park;
B. Cut or remove any wood, turf, grass, soil, rock, sand or gravel;
C. Drive or ride any motorized vehicle, cycle or scooter, except on a road or in a parking area provided for such purpose, or to drive or ride the same in an erratic or hazardous manner;
D. Engage in archery, the flying of motorized model airplanes, the driving of golf balls, the playing of baseball with a hardball, or other activities in which a projectile may pose a threat to safety, except in any such places as may be provided for such purposes;
E. Deposit on or in any park any paper, rubbish, garbage or refuse matter of any kind, except in a receptacle designed for such purpose; provided, however, that in no event shall any person deposit in any park, or in any rubbish or garbage receptacles in any park, rubbish or garbage or refuse matter of any kind generated off the premises of such park. (Ord. 639 § 1(part), 1995).
9.36.040 Commercial activity.
No person shall sell or offer for sale any merchandise, article or thing whatsoever in any park without the prior written consent of the city. (Ord. 639 § 1(part), 1995).
9.36.050 Business.
No person shall practice, carry on, conduct or solicit for any trade, occupation, business or profession in any park without prior written consent of the city. (Ord. 639 § 1(part), 1995).
9.36.060 Camping.
No person shall camp, set up housekeeping or sleep in any park, or upon any publicly owned property overnight, and specifically between the hours of twelve p.m. and six a.m. (Ord. 639 § 1(part), 1995).
9.36.070 Fires.
No person shall make or kindle a fire for any purpose except in barbecue pits or other places provided for that purpose in any park. (Ord. 639 § 1(part), 1995).
9.36.090 Trailers.
It is unlawful for any person in any park or elsewhere within the city, to cook in, sleep in, or otherwise inhabit any camp car, camptrailer or camphouse, except in campgrounds, trailer parks or mobile home parks maintained pursuant to valid and subsisting authority granted by the city. (Ord. 639 § 1(part), 1995).
9.36.100 Ban on consumption of alcoholic beverages in certain locations.
A. Definition. As used in this chapter:
“Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume, and which is capable of human consumption either alone, when diluted, mixed, or combined with other substances and sales that requires a State Department of Alcoholic Beverage Control license.
B. Prohibition on Consumption. The purpose of this section is to prohibit the consumption of alcoholic beverages in public.
1. No person shall consume any alcoholic beverage on any public highway, road, street, alley, lane, way, sidewalk, parking lot, park, or other public place. For purposes of this section, possession of any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or seal broken, and the contents of which have been partially removed, or with any other indicia of consumption, shall be prima facie evidence of a violation of this section;
2. On private property which is intended for public use and open to the public without first having secured the express permission of the owner, the owner’s agent, or the person in lawful possession of the property;
3. On the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code of California, or on any public sidewalk immediately adjacent to the licensed and posted premises. Visible notices shall be posted on the premises of each retail package off-sale alcoholic beverage licensee and on the parking lot and the public sidewalk immediately adjacent to the licensed premises indicating that the provisions of this subsection are applicable; or
4. In any public park, parkway, playground, any building, recreation center, recreation area, or any parking lot adjacent to any of the foregoing recreation facilities owned, leased or under the control of the city of Cotati, unless such person has obtained a permit for consumption of alcoholic beverages from the city of Cotati.
C. Penalties. Violation of this section is considered an infraction. (Ord. 834 § 2, 2011).
9.36.110 Drums and amplified instruments.
It is unlawful in any park for any person to play or beat on any drum or play any musical instrument employing amplified sound. Notwithstanding anything to the contrary stated above, playing or beating on drums shall be permitted in any park between one p.m. and four p.m. on Wednesday, Saturday and Sunday. This section shall not apply to cultural and recreational events approved by the city in which a permit or written consent has been granted to engage in such activity. Such permit or consent may impose reasonable conditions to protect the public health, safety and welfare. (Ord. 639 § 1(part), 1995).
9.36.120 Skateboards, skates and in-line skates.
A. No person shall operate, drive or ride upon any skateboard, skates or in-line skates in any park or park areas except in areas posted and designated for such use.
B. It shall be unlawful for any person riding a skateboard at any city designated public recreation area in which skateboarding is permitted to fail to wear a properly secured helmet, elbow pads and knee pads. (Ord. 729 § 1, 2002).
Prior ordinance history: Ords. 73 and 161.
For fees for use of city facilities, see Ch. 4.04 of this code.