Chapter 5.100
PARKS AND RECREATION AREAS AND FACILITIES
Sections:
5.100.030 Compliance with rules required.
5.100.060 Temporary exclusive use permit—Issuance conditions.
5.100.070 Temporary exclusive use permit—Rules compliance—Liability—Transferability.
5.100.080 Temporary exclusive use permit—Insurance.
5.100.090 Merchandising, advertising and signs—Prohibited acts.
5.100.110 Activities in parks—Prohibited acts.
5.100.120 Injury or misuse of park—Prohibited acts.
5.100.130 Animals in parks—Prohibited acts.
5.100.150 Consumption of alcoholic beverages prohibited—Exceptions.
5.100.155 Use of skateboards allowed at Emerald Glen Park Skate Park.
5.100.010 Purpose.
The purpose of this chapter is to regulate the use of parks and recreation areas and facilities of the city for the optimum use and enjoyment of the residents of Dublin, to establish standards to prevent the misuse and destruction of the facilities, and to establish regulations to promote the safety and comfort of users of the facilities as well as persons residing or owning property in the vicinity of the facilities. (Ord. 35-08 § 1 (part): Ord. 16-88 § 1)
5.100.020 Definitions.
For the purpose of this chapter the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein:
“City” means the city of Dublin.
“Director” means the City Manager or his authorized representative.
“Park” means and includes all grounds, buildings, improvements and areas dedicated for use by the public for park, recreation or open space purposes, and any part, portion or area thereof, whether developed or undeveloped or over which the city has acquired right of use for such purposes.
“Person” means any person, firm, partnership, association, corporation, company, or organization of any kind.
“Vehicle” means any wheeled conveyance, whether motor powered, animal-drawn, or self-propelled. The term shall include any trailer in tow of any size, kind or description. Exception is made for baby carriages, strollers, wheelchairs and vehicles in the service of the city of Dublin. (Ord. 35-08 § 1 (part): Ord. 16-88 § 2)
5.100.025 Posted park rules.
The Director may post rules and regulations for specific parks in some conspicuous place in the parks to which they apply. Such rules and regulations shall be consistent with this chapter, and for the purpose of protecting users of the parks, park property, and the public health, safety and welfare. Violation of these posted rules and regulations is an infraction; provided, that such rules and regulations have been approved by resolution of the Council. (Ord. 35-08 § 1 (part))
5.100.030 Compliance with rules required.
Any person entering, being or remaining in or upon any park of the city shall comply with the provisions of this chapter, all other related provisions of this code, and any park rules. (Ord. 35-08 § 1 (part): Ord. 16-88 § 3)
5.100.040 Emergency closures.
The Director shall have the authority to close any part or portion of any park and require the exit of all persons therein when it is determined that conditions exist in said park or portion thereof which present hazard to the park or to public safety. (Ord. 35-08 § 1 (part): Ord. 16-88 § 4)
5.100.050 Scheduling.
The Director shall have authority to schedule and regulate the time, place and manner of recreational, maintenance and/or construction activities in or upon any park, in order to prevent congestion and to secure the maximum use thereof for the comfort and convenience of all. (Ord. 35-08 § 1 (part): Ord. 16-88 § 5)
5.100.060 Temporary exclusive use permit—Issuance conditions.
Park and recreation facilities designated by the Director shall be made available for the temporary exclusive use of persons subject to the issuance of a permit by the Director and subject to any reasonable conditions relating to the use thereof and/or the payment of any reasonable fees therefor as may be hereafter adopted by the city. (Ord. 35-08 § 1 (part): Ord. 16-88 § 6)
5.100.070 Temporary exclusive use permit—Rules compliance—Liability—Transferability.
A permittee shall comply with all park rules and regulations, and all applicable ordinances and laws. A permittee shall be liable to the city for any and all damage to parks owned by the city which results from the activity of the permittee. No permit for temporary exclusive use of any park shall be transferred without the consent in writing of the Director. (Ord. 35-08 § 1 (part): Ord. 16-88 § 7)
5.100.080 Temporary exclusive use permit—Insurance.
The Director may require a permittee to provide public liability and property damage insurance and indemnification provisions as may be appropriate to protect the park and the public using such areas and facilities. (Ord. 35-08 § 1 (part): Ord. 16-88 § 8)
5.100.090 Merchandising, advertising and signs—Prohibited acts.
Unless expressly authorized by the Director, no person while in any park shall:
A. Sell, vend, peddle, expose, offer for sale, teach, offer to instruct, sponsor a program or service for a fee, except any regularly licensed concessionaire or independent contractor acting by and under the authority and regulation of the Director;
B. Announce, advertise or call the public attention in any way to any article or service for sale or hire;
C. Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever; nor shall any person erect or cause to be erected any sign whatever in any park. (Ord. 35-08 § 1 (part): Ord. 5-93 § 1(I): Ord. 16-88 § 9)
5.100.100 Hours.
All parks and recreation areas and facilities therein, including parking lots serving said areas, shall be closed to the public one (1) hour after sunset and shall remain closed until sunrise the following day with the following exceptions:
A. The parking lots serving the immediate area of any park or park building may remain open during the time said building is being used and for one (1) hour after the closing thereof.
B. Such areas may remain open during any program conducted or authorized by the city and for one (1) hour after the completion thereof.
C. Lighted fields and courts will be closed as posted. (Ord. 35-08 § 1 (part): Ord. 16-88 § 10)
5.100.110 Activities in parks—Prohibited acts.
Unless expressly authorized by the Director, no person while in any park shall:
A. Smoke, which includes the consumption of tobacco by inhaling, exhaling, burning or carrying any lighted pipe, cigar or cigarette of any kind;
B. Practice, play or in any way engage in the art of archery;
C. Play or engage in active sports or games, except on areas suitable and set apart for such use, and with suitable equipment and performed in a manner as to provide for reasonable protection to both individuals and property;
D. Operate powered or line-attached model crafts of any kind or description and unmanned aircraft systems, as defined in Section 5.116.020, except in areas provided for such specific activities;
E. Camp, lodge or remain overnight;
F. Bring, land or cause to descend any airplane, balloon, parachute or other apparatus used for aviation purposes;
G. Play, practice or in any way engage in the game of golf, except in areas provided for such specific purposes;
H. Swim, bathe or wade in any fountain, pond, lake or stream, except in pools or water play areas provided for such purposes;
I. Picnic or lunch in a place where notice has been placed prohibiting the consumption of food;
J. Use tennis courts unless wearing soft rubber-soled shoes;
K. Give, present or engage in any exhibition, show, play, performance, dance or concert for money, checks, credit or representative of value which is redeemable in money;
L. Use electrical amplifying equipment. Authorized use shall be subject to the following conditions: the number of loudspeakers, their location, direction, power output and the hours during which they may be used shall be subject to written approval of the Director;
M. Operate a portable gas or solar-powered generator to power any electrical equipment unless as a condition attached to a temporary exclusive use permit issued pursuant to Section 5.100.060;
N. Use any restroom, washroom or dressing facility not provided for his/her sex, other than a child under the age of six (6) years accompanied by a parent or a disabled person accompanied by an attendant;
O. Fire, possess or discharge any firecracker, torpedo or similar fireworks (including safe and sane fireworks);
P. Possess, shoot, or otherwise operate any paintball marker or paint gun, airsoft gun or any other weapon or projectile device that is propelled by spring, compressed air or gas, or electric device;
Q. Erect an inflatable jump house or other temporary play structure except in areas designated by the Director for such use; or
R. Fire or discharge any type of rocket.
Authorization by the Director shall not relieve any person so authorized from complying with all applicable ordinances and laws and securing all necessary permits otherwise required. (Ord. 8-18 § 2; Ord. 5-18 § 2; Ord. 3-13 § 1: Ord. 35-08 § 1 (part): Ord. 27-04 § 1 (part): Ord. 5-93 § 1(II): Ord. 16-88 § 11)
5.100.120 Injury or misuse of park—Prohibited acts.
No person while in the park shall:
A. Possess, use, dump, deposit, place or leave any glass containers, including bottles and broken glass;
B. Dump, deposit, place or leave any ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, dead animals, refuse or other trash except in the proper receptacles where these are provided; where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence;
C. Throw, discharge or otherwise deposit or cause or permit to be placed into the waters of any fountain, pond, lake, stream, storm sewer, sanitary sewer or drain flowing into such waters, any substance, matter or thing, liquid, solid or gas, which materially impairs the usefulness of such water for persons or the habitability of such water for any animal, bird, fish or reptile which drinks, swims in or otherwise uses such water;
D. Cut, trim, prune, break, dig up, pluck, remove or take away or in any manner injure any turf, tree, bush, shrub, flower or plant;
E. Destroy, deface, mark or write upon, paint upon, or otherwise mar or injure any park property, including paved surfaces, buildings or structures;
F. Make any campfire or bonfire or use barbecue equipment in any place other than in areas provided for that purpose;
G. Use or attempt to use or interfere with the use of any table, space or facility within said park which at that time is reserved for any other person or group, which has received a permit from the Director therefor; or
H. Spill, drop, or otherwise leave any paintballs, paint, or stain, even if temporary. (Ord. 35-08 § 1 (part): Ord. 27-04 § 1 (part): Ord. 5-93 § 1(III): Ord. 16-88 § 12)
5.100.130 Animals in parks—Prohibited acts.
Unless expressly authorized by the Director, no person in a park shall:
A. Capture, hunt, molest, injure, frighten, trap, kill, tease or hurt, throw or otherwise project objects at any wild or domestic fowl, animal, reptile, fish or bird;
B. Except as provided in subsection C of this section, let loose or permit to run at large, lead or otherwise bring any horse, mule, ass, cattle, goat, sheep, swine or other animal, reptile, bird or fowl of any kind; nor bring any living thing that constitutes a safety hazard or a public nuisance as defined in Section 3479 of the California Civil Code;
C. Permit a dog in any park unless such dog is under complete control of its owner or custodian at all times and led by a leash of suitable strength not more than six (6) feet in length; provided, however, nothing in this chapter shall prevent a dog from running without a leash in any area designated as a dog run by the Director so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to harm or damage any person or public or private property. Dogs, even leashed dogs, are prohibited in all children’s play areas;
D. Abandon any animal, bird, fish or reptile in any park; or
E. Permit any animal to defecate upon a park unless the person immediately removes the feces and properly disposes of it. (Ord. 35-08 § 1 (part): Ord. 3-04 § 2 (part): Ord. 16-88 § 13)
5.100.140 Operation of bicycles, skates, skateboards, nonmotorized scooters and autos—Prohibited acts.
No person while in any park shall:
A. Ride a bicycle or other vehicle except on officially designated routes. Bicycles and vehicles shall not be permitted on unpaved trails or roads, or upon any other unpaved surfaces unless specifically permitted by posted sign. Notwithstanding the above, a bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area, bridge, building deck or paved area reserved for pedestrian use;
B. Ride or operate a bicycle or vehicle at any time or at any place within city parks or recreational areas in a negligent, unsafe or reckless manner or in a way that endangers the life, limb or property of any person or in violation of the provisions of California Vehicle Code Section 21201, or at excessive speeds, especially when passing other trail users, or in areas with poor or limited visibility;
C. If under eighteen (18) years of age, operate a bicycle, a nonmotorized scooter, a skateboard, roller or in-line skates, or ride on a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon any park property unless wearing a properly fitted and fastened bicycle helmet. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle;
D. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available;
E. Ride, drive or park any automobile, truck, motorcycle, motor scooter or any other motor-powered vehicle, except upon the roads, driveways and parking lots provided and designated for such use;
F. Skate over any grassy area, bridge, building deck or paved area reserved for pedestrian use;
G. Ride or propel skates, a skateboard or any other vehicle while holding or using any kite (also known as kiteskating);
H. Ride or propel a skateboard except on areas designated by the Council by ordinance or resolution and properly noticed, and performed in a manner as to provide for reasonable protection to both individuals and property; or
I. Park any vehicle in a park or city recreational area or facility unless actually visiting or engaged in a recreational activity at the park, recreational area or facility in question unless authorized by the Director. (Ord. 35-08 § 1 (part): Ord. 11-00 § 2; Ord. 5-93 § 1(IV): Ord. 16-88 § 14)
5.100.150 Consumption of alcoholic beverages prohibited—Exceptions.
Unless expressly authorized by the Director, it shall be unlawful for any person to consume any alcoholic beverage in parks and recreation areas and facilities, except in the following park buildings:
A. Shannon Community Center;
B. Dublin Civic Center;
C. Dublin Senior Center;
D. Dublin Heritage Center. (Ord. 35-08 § 1 (part): Ord. 5-93 § 1(V): Ord. 16-88 § 15)
5.100.155 Use of skateboards allowed at Emerald Glen Park Skate Park.
The use of skateboards and in-line skates at the Emerald Glen Park Skate Park (as described by Resolution No. 58-00) is authorized subject to the following rules which are adopted to provide for reasonable protection to individuals and property:
A. Intent. Skateboarding and use of other rolling skates on sidewalks and in parking lots is often incompatible with pedestrian and vehicle traffic, thereby resulting in safety hazards. Additionally, performance of tricks or stunts with skateboards and similar devices can cause substantial damage to concrete and other improvements. The purpose of these rules is to reduce the risk of personal injury to skateboarders and to the public in general.
B. Definitions. The term “skateboard” includes skateboards, roller skates, roller-blades, and in-line skates.
C. Use Limited to Skate Park. No person shall roller skate in any area of Emerald Glen Park except in the Emerald Glen Park Skate Park, as designated by Resolution No. 58-00.
D. Helmets, Pads Required. No person shall ride or use a skateboard in the Emerald Glen Park Skate Park without wearing a helmet, elbow pads, and knee pads. Reasonable notice shall be posted at the Emerald Glen Park Skate Park to the effect that any person riding or using a skateboard, roller skates, roller-blades or in-line skates in such skate park must wear a helmet, elbow pads, and knee pads and that failing to do so is in violation of this chapter and subject to citation as an infraction.
E. User Control Required. No person shall leave a skateboard in any place or position where other persons may trip over or be injured by it. Carrying the skateboard does not violate these rules.
F. Tricks and Stunts. “Tricks and stunts” means singular or repetitive jumps, flips, grinds or any other trick performed for demonstration, practice or display of skill on a skateboard. No person shall perform tricks or stunts with a skateboard in areas of the Emerald Glen Park Skate Park posted to prohibit tricks and stunts.
G. Bicycle Use Prohibited. No person shall ride a bicycle within the Emerald Glen Park Skate Park. (Ord. 35-08 § 1 (part): Ord. 11-00 § 1)
5.100.160 Violation—Penalty.
Any person violating any provision of this chapter, or violating the terms of any permit issued pursuant thereto, shall be guilty of an infraction, and upon conviction thereof shall be punishable as provided in Section 36900(b) of the Government Code. (Ord. 35-08 § 1 (part): Ord. 16-88 § 16)