Chapter 12.20
PARKS AND RECREATION AREAS
Sections:
12.20.010 Application of chapter.
12.20.020 Enforcement officers – Powers.
12.20.030 Public may be excluded.
12.20.040 Permits for gatherings and meetings.
12.20.050 Rules and regulations – Promulgation by city manager.
12.20.060 Prohibited conduct generally.
12.20.070 Use of pedestrian and equestrian ways.
12.20.080 Obstructing pathways.
12.20.090 Children visiting parks with lakes.
12.20.100 Dogs in parks and recreation areas.
12.20.110 Authority for concession contracts.
12.20.120 Designated recreational area.
12.20.010 Application of chapter.
(a) The provisions of this chapter shall apply and be in full force and effect at all parks and recreation areas which now are or which may hereafter be under the jurisdiction and control of the city of Fremont, and shall include all grounds, roadways, avenues, parks, buildings, school facilities when they are in use as recreational facilities, and areas, under the control, management or direction of the parks and recreation director of the city of Fremont. These provisions shall govern the use of all recreation areas and the observance of these provisions shall be a condition under which the public may use city parks and recreation areas. Certain provisions of this chapter shall further be applicable outside city parks and recreation areas where the context indicates an intention that they be so applied.
(b) The provisions of this chapter shall not apply to any public officer, employee or peace officer who is acting in the course of and within the scope of the public business, nor to any other person conducting public business or related activities for, on behalf of, and pursuant to lawful authority of an appropriate public entity. (Ord. 680 § 1; Ord. 2004 § 5, 5-12-92; Ord. 2524 § 2, 12-9-03. 1990 Code § 3-7200.)
12.20.020 Enforcement officers – Powers.
(a) “Enforcement officer” means those individuals designated to enforce the provisions of this chapter in Section 1.15.050(b)(6)(A) or by the city manager under Section 1.15.050(c).
(b) In addition to any other remedy available under this code or state law, an enforcement officer, in their discretion, may expel from any city park, recreation area, or any portion thereof any person who has violated any provisions of this chapter or any other rule, regulation, or law governing city parks, recreation areas, or public places in general.
(c) An individual ordered to leave under subsection (b) of this section must immediately leave the park or other public place as ordered and not return during the same calendar day in which he or she was ejected unless specifically permitted to do so by the enforcement officer who expelled the individual or another enforcement official. The city manager or designee may establish rules or regulations under Section 12.20.050 permitting ejection from a park for a longer period than provided herein.
(d) It is a violation of this chapter for an individual who has been ordered to leave under subsection (b) of this section to either fail to leave or to return before the end of the expulsion period. (Ord. 680 § 1; Ord. 2004 § 5, 5-12-92; Ord. 2524 § 3, 12-9-03. 1990 Code § 3-7201.)
12.20.030 Public may be excluded.
The city manager, chief of police, fire chief or the parks and recreation director, or a designated representative thereof, may in an emergency as defined by Chapter 2.20 or when necessary to protect the health or safety of the public close any park, square, plaza, avenue, grounds or recreation center or any portion thereof against the public. All persons may be excluded from the closed areas until the emergency or other reason for closure has ceased and the closed areas are reopened to the public by order of proper authority. (Ord. 680 § 1; Ord. 2004 § 5, 5-12-92; Ord. 2524 § 4, 12-9-03. 1990 Code § 3-7202.)
12.20.040 Permits for gatherings and meetings.
(a) No person shall hold, conduct, participate in, attend or address any meeting, organized gathering or assemblage, group picnic, celebration, parade, service or exercise, of 25 or more persons, in any park or recreation area without a written permit granted by the enforcement officer as provided herein.
(b) The enforcement officer (acting personally or by his/her delegated designee) hereby is empowered to grant permits authorizing any person, society, association or organization to hold or conduct a meeting, organized gathering or assemblage, group picnic, celebration, parade, service or exercise for the observance of or commemoration of any public celebration, event, or demonstration of a patriotic, municipal or memorial character, or for social, educational training, entertainment or recreational purposes.
(c) An application for a permit shall be granted if the issuing authority determines: (1) that the requested activity is consistent and compatible with proper and appropriate park and recreation area uses at the location applied for; (2) that the requested activity is reasonable and will not interfere with general use of the park or recreation area by other individual or group members of the public; (3) that the requested activity will in all respects comply with the provisions of this code and of any other ordinance, law, rule or regulation in effect at the time and place the activity is to be conducted; (4) that the requested activity is not reasonably anticipated to incite violence, crime or disorderly conduct; (5) that the requested activity will not entail unusual, extraordinary or burdensome expense or police operation by the city; and (6) that no other reason exists why the granting of the permit would be detrimental to the public interest.
(d) In the event it is proposed that an admission fee be charged for attendance at the requested activity, or that contributions will be solicited or a collection taken up at such requested activity, the application for a permit shall expressly state such proposal. No person shall charge any such admission fee or solicit contributions or take up any collection at or for any such activity unless a provision allowing the same to be done is included in a permit issued hereunder.
(e) The issuing authority may attach conditions to any such permit which are deemed necessary or appropriate to assure that the activity will be carried on in conformance with applicable laws, rules and regulations, in a manner consistent with proper park and recreation area uses, and in a manner not detrimental to the public interest. Where deemed appropriate, the issuing authority may require suitable insurance, indemnity bond or other guarantee to protect city property from damage, to protect the public from unusual or undue expense, or to protect the city from liability of any kind or character. In this connection there may further be required a money deposit or payment to defray unusual expenses to be incurred by the city, such costs of additional police services of whatever nature.
(f) Any permit granted pursuant to the provisions of this section shall specify the time when and the place where the activity shall be held or conducted, and shall designate the name of the person, society, association or organization to whom such permit is granted. (Ord. 680 § 1; Ord. 1041 § 1, 4-22-75; Ord. 2004 § 5, 5-12-92; amended during 2012 reformat. 1990 Code § 3-7203.)
12.20.050 Rules and regulations – Promulgation by city manager.
(a) The city manager shall have power and authority to promulgate rules and regulations governing the use and enjoyment by the public and by individual members of the public, of any park, recreation area, recreation or community center, or any portion thereof, or governing the use and enjoyment of any building, structure, equipment, apparatus or appliances thereon, or governing any portion of the foregoing. A copy of such rules and regulations, or a synopsis thereof, shall be posted in some conspicuous place at or near the premises where such rules and regulations are to be effective, or in lieu thereof, signs or notices may be posted at or near said premises in order to give public notice of said rules and regulations.
(b) No person having knowledge of or having been advised of any such rule or regulation promulgated pursuant to subsection (a) of this section shall disobey, violate or fail to comply with any such rule or regulation.
(c) No person shall disobey, violate or fail to comply with any instruction, sign or notice posted in any park, recreation area, or community or recreation center, or in any building or structure thereon, for the control, management or direction of such premises, when said instruction, sign or notice has been posted in implementation of any rule or regulation promulgated pursuant to subsection (a) of this section. (Ord. 680 § 1. 1990 Code § 3-7204.)
12.20.060 Prohibited conduct generally.
Within the limits of any public park or recreation area of the city of Fremont, no person shall:
(a) Hitch, carry, fasten, lead, drive or let loose any animal or fowl which is a dangerous animal as defined in Section 6.05.010(h), or an exotic animal as defined in Section 6.05.010(i). Any pet animal must be continuously restrained by a substantial leash not more than six feet long except in locations where animals are expressly permitted off-leash. Notwithstanding the foregoing exception, a potentially dangerous dog, as defined in Section 6.05.010(o), must be restrained at all times in accordance with the provisions of Chapter 6.60.
(b) Ride or drive any horse or other animal, or propel any vehicle, cycle or automobile, except at a place especially designated and provided for such purpose.
(c) Carry or discharge any firearm, airgun, slingshot or other device designed or intended to discharge, or capable of discharging any dangerous missile; provided, that this subsection shall not apply to any peace officer or other person lawfully licensed to carry a concealed weapon or who regularly carries a weapon in connection with private employment protecting property or persons (e.g., private patrol services and bodyguards).
(d) Carry or discharge any firecracker, rocket, torpedo or any other fireworks.
(e) Cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure.
(f) Cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer.
(g) Swim, bathe, wade in or pollute the water of any fountain, pond, lake or stream, except at a place especially designated and provided for such purpose.
(h) Make or kindle a fire except in a picnic stove, brazier, fire pit or other appropriate device provided or approved for that purpose by the public authorities.
(i) Camp or lodge therein, or otherwise remain overnight, except at a place especially designated and provided for such purpose.
(j) Cook, prepare, serve or eat any meal, barbecue or picnic except at the places provided therefor.
(k) Wash dishes or empty salt water or other waste liquids elsewhere than in facilities provided for such purposes.
(l) Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor.
(m) Play or engage in model airplane flying, driving of golf balls, archery, baseball, softball, or any similar games of a hazardous nature that are incompatible with any lawful contemporaneous use. Notwithstanding, these uses are allowed at such places as shall be especially set apart for these purposes.
(n) Play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other device, for money, chips, shells, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming.
(o) Indulge in physically threatening or physically abusive, conduct or language likely to result in an immediate physical response.
(p) Disturb in any unreasonable manner any picnic, meeting, service, concert, exercise, athletic event, exhibition or other activity.
(q) Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on, conduct or solicit for any trade, occupation, business or profession without first obtaining a permit under Chapter 5.35, concession agreement or a contract for such activity from the city manager or designee.
(r) Remain, stay or loiter therein between one-half hour after sunset and sunrise of the following day, except in a park or recreation area which has a community center or other indoor recreation facility or outdoor lighting specifically intended to illuminate sports facilities for nighttime recreation use, in which case no person shall remain, stay or loiter therein between the hours of 10:00 p.m. and sunrise of the following day. This subsection shall not apply to persons who are attending an event, gathering or meeting for which a permit has been issued or which is being sponsored or conducted by the city department of maintenance and recreation services. This subsection shall not apply to persons camping, lodging or otherwise remaining overnight at a place especially designated and provided for such purposes.
(s) Use any restroom, washroom or dressing facility designated for the opposite sex, except that this subsection shall not apply to children six years of age or younger who are accompanied by an adult or other older person.
(t) Row, sail or operate any boat, craft or other device on or in any pond, lake, stream or water except at such place as is especially designated and provided for use of such boat, craft or device.
(u) Hunt, frighten, chase, set snare for, catch, injure or destroy any animal or bird, or destroy, remove or disturb any of the young or eggs of same, or injure or maltreat any domestic or other animal, or feed or cause to be fed, or provide food for, any domestic, resident, or migratory waterfowl or other park resident animal. This subsection does not apply to authorized city wildlife management programs.
(v) Fish with hook and line, seine, trap, spear or net, or by any other means, in any pond, lake, stream or water, except at a place especially designated and provided for such purpose.
(w) Consume any alcoholic beverage or possess any can, bottle or other receptacle containing any alcoholic beverage which has been opened or a seal broken or the contents of which have been partially removed except as provided in Section 9.50.100.
(x) Enter into, occupy or use any reserved park area for any purpose for the duration of any reservation unless they have been invited into the reserved park area by the person or organization who has reserved the specific park area. Any nonreserving person or organization requested to leave a reserved park area by the reserving party shall do so immediately.
(y) Launch, land, or operate a drone within any park or recreation area. This subsection shall not apply to an emergency landing by a drone within any park or recreation area. The owner or operator of the drone has the burden of demonstrating, to the satisfaction of the community services director, that a real emergency existed that justified the landing.
(z) Engage in any activity, or operate, where permitted or authorized in any park or recreation area, any device, drone, motorized device, motor vehicle, vessel, model craft, electric bicycle, bicycle or cycle of any type or design in such a manner that endangers any person, wildlife, or property or that is negligent, reckless, or with willful or intentional disregard for the environment, or the health, safety, or welfare of any wildlife, person or property. (Ord. 680 § 1; Ord. 1331 § 1, 6-12-79; Ord. 1343 § 1, 10-9-79; Ord. 1459 §§ 1, 2, 9-8-81; Ord. 1781 § 1, 6-23-87; Ord. 2004 § 6, 5-12-92; Ord. 2199 § 1, 10-15-96; Ord. 2239 § 1, 5-6-97; Ord. 2327 § 1, 3-16-99; Ord. 2519 §§ 3, 4, 10-28-03; Ord. 2524 §§ 5 – 7, 12-9-03; Ord. 07-2021 § 1, 6-15-21; Ord. 07-2022 § 1, 6-21-22. 1990 Code § 3-7205.)
12.20.070 Use of pedestrian and equestrian ways.
(a) No person shall drive or operate any motor vehicle, motorcycle, motor-driven cycle (as the foregoing is defined in the California Vehicle Code) or any other motorized or self-propelled vehicle or device upon which a person can ride, on, over or along any public property or easement (whether or not on a public park or recreation area) which has been designated, set aside, or is used as a pedestrian walkway, trail, path, lane or way, or as an equestrian trail, path, lane or way.
(b) The public entity having ownership or control over any such trail, path, lane, way or walkway may cause the same to be posted with an appropriate sign or signs expressly allowing the use of vehicles or devices otherwise prohibited under the provisions of subsection (a) of this section, and to the extent that such signs allow variations from such prohibitions, the provisions of subsection (a) of this section shall be inapplicable.
(c) The provisions of subsection (a) of this section shall not apply to any electrically driven wheelchair carrying a crippled or otherwise physically incapacitated person.
(d) The public entity having ownership or control over any trail, path, lane, way or walkway mentioned in subsection (a) of this section, may, by the posting of an appropriate sign or signs, further restrict the use of such trail, path, lane, way or walkway by persons riding bicycles or other nonmotorized vehicles or devices, or by equestrians, and when any such sign is posted, no person shall disobey any prohibition, restriction, direction or other regulation expressed thereon. (Ord. 680 § 1. 1990 Code § 3-7206.)
12.20.080 Obstructing pathways.
No persons shall assemble, collect or gather together in any walk, driveway, passageway or pathway in any park or in other places set apart for the travel of persons or vehicles in or through any park or recreation area, or occupy the same so that the free passage or use thereof by persons or vehicles passing along the same shall be obstructed in any unreasonable manner. (Ord. 680 § 1. 1990 Code § 3-7207.)
12.20.090 Children visiting parks with lakes.
No parent or guardian, or any person having the custody of any child under the age of eight years, shall cause, permit or allow such child to enter or visit any public park or recreation area having a lake within the boundaries of such park or recreation area unless such child is accompanied by a person of not less than 16 years of age. (Ord. 680 § 1. 1990 Code § 3-7208.)
12.20.100 Dogs in parks and recreation areas.
No person having the control or care of any dog shall suffer or permit such dog to enter or remain in a public park or recreation area unless it be led by a leash of suitable strength not more than six feet in length, except that this section shall not apply to any person participating in a dog training class being conducted under the sponsorship of, or pursuant to express permission of, the city department of community recreation. (Ord. 680 § 1. 1990 Code § 3-7209.)
12.20.110 Authority for concession contracts.
(a) Concession shall mean any agreement, authorization, license or contract to sell, barter, trade or otherwise to exchange goods or services in the parks of the city of Fremont. Concession contracts in excess of 12 months or an estimated sales value of $25,000 shall be approved by the city council. All concession contracts shall be approved by the city attorney.
(b) The city manager or designee is hereby authorized to negotiate and execute concession contracts for periods not exceeding 12 months and up to an estimated sales value of $25,000. (Ord. 2327 § 2, 3-16-99. 1990 Code § 3-7210.)
12.20.120 Designated recreational area.
The following area is a designated area in which in-line skating is permitted: the Skatepark at Central Park. (Ord. 2356 § 1, 10-5-99. 1990 Code § 3-7211.)
12.20.130 Requirements for the use of publicly owned or publicly operated skateboard and roller skating facilities.
(a) Every person on roller skates or riding a skateboard at a skate park that is not supervised on a regular basis must wear a helmet, elbow pads, and knee pads.
(b) Bicycles are prohibited in skate parks.
(c) The owner or operator of a skate park must post signs at that facility affording reasonable notice that (1) any person on roller skates or riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, (2) that bicycles are not allowed in the facility, and (3) failure to comply with these regulations will subject that person to a citation under this section.
(d) Notwithstanding Section 1.15.010(b), any person operating a skateboard or roller skates in violation of this section is guilty of an infraction, and not a misdemeanor. The penalty for each infraction shall be as established on the civil penalty schedule for administrative citations, and if no penalty is so established, then as otherwise set forth in Chapter 1.15.
(e) As used in this section, “skate park” means a publicly owned or publicly operated facility that is designed and maintained for the purpose of recreational skateboard or roller skating use. As used in this section, “roller skates” and “roller skating” includes in-line skates and in-line skating. (Ord. 2356 § 2, 10-5-99; Ord. 2524 § 8, 12-9-03. 1990 Code § 3-7212.)
12.20.140 Vending in parks.
(a) Any person vending within the limits of any public park, library, or recreation area of the city of Fremont shall obtain a permit pursuant to Chapter 5.35.
(b) No person shall vend from motorized vehicles in any public park or recreation area.
(c) During city sponsored events at a public park or recreation area, no person shall vend in the park or recreation area or within 200 feet from the boundary of the park or recreation area.
(d) No stationary vendors shall be permitted in a park or recreation area where there is an agreement that exclusively permits the sale of food and/or merchandise. For purposes of this section, “stationary” shall have the same meaning as in Chapter 5.35. (Ord. 07-2021 § 2, 6-15-21.)