Chapter 12.12
USE OF PARKS

Sections:

12.12.010    Purpose.

12.12.020    Definitions.

12.12.030    Restrictions.

12.12.040    Damaging or defacing park property.

12.12.050    Park hours.

12.12.060    Regulations.

12.12.070    Ejection or exclusion from parks.

12.12.080    Violations and penalties.

12.12.010 Purpose.

This chapter governs the use by the public of all parks within the City.

(Ord. 2014-04, Repealed and Replaced, 12/02/14)

12.12.020 Definitions.

For the purposes of this chapter, the following words or terms are defined as follows:

“Controlled sports facility” means any sport (baseball, softball, swimming, tennis, soccer or football) facility that is enclosed by a fence and gates.

“Director” means the City Director of Parks and Recreation.

“Park” means any park, dog park, field, trail, open space or other recreational land area owned or operated by the City for park or recreational purposes, including the Galt Market.

(Ord. 2014-04, Repealed and Replaced, 12/02/14)

12.12.030 Restrictions.

No person shall engage in any of the following activities in a park:

A.    Possess, consume, sell, or distribute any beer, wine, or alcoholic beverage in designated children’s playground areas or athletic fields, athletic courts, or controlled sport facility, except by special permit.

B.    Take any pet into any designated playground areas, athletic fields, athletic courts, or controlled sport facility, nor in any other park, unless the pet is restrained by a leash or lead not exceeding six (6) feet in length, except in designated off-leash dog park areas.

C.    Take a glass bottle or container into any designated playground areas, athletic fields, athletic courts, or controlled sport facility.

D.    Operate any gasoline powered model airplane, boat, or midget car, except in designated areas.

E.    Mark or deface any buildings, equipment, grounds, or any park or recreation facility.

F.    Play amplified music or use any sound amplifiers, except by special permit.

G.    Ride bicycles, skateboards, roller blades/skates or scooters within any designated children’s playground areas.

H.    Drive motorized vehicles off of defined roadways and/or park outside of designated parking areas and loading zones, or park in a designated City vehicle parking only space.

I.    Start any fires, except for cooking food within designated picnic areas.

J.    Dump any live or glowing coals upon any grass areas.

K.    Pick or cut or willfully injure any vegetation, flowers, tree or shrub.

L.    Possess, discharge or use any guns or rifles (including, but not limited to, air guns and paintball guns), slingshots, fireworks, combustible-powered projectile (rocket), or bow and arrow, except in designated areas.

M.    Sell any refreshment, food, novelties, or other commodity, without formal concession agreement with the City.

N.    Take or ride a horse, except on designated bridle paths.

O.    Dispose of any trash or garbage except in proper designated containers.

P.    Post, place or erect any bills, notices, paper, decorations or advertising device or matter of any kind, without permission of the Director.

Q.    Sell, vend, peddle, offer for sale, or distribute after sale to the public any merchandise, service, or property, or sell tickets for any event, except by special permit.

R.    Use any park facility or loiter or remain upon park property after closing hours.

S.    Install or erect any tent or canopy covering more than two hundred (200) square feet, except by special permit.

T.    Entering into any posted natural habitat area.

U.    Smoke, light or carry a lighted pipe, cigar, cigarette in children’s playground areas, athletic fields, athletic court or controlled sport facility.

V.    Engage in any activity with significant potential to be dangerous to people or property, as determined by the Director.

W.    Skate on curbs, fences, railings, walls, benches, tables, controlled sport facility and/or driveways of the City-owned area surrounding a park.

X.    Climb any fence, tree, backstop, dugouts or bleachers located in or surrounding designated playground areas, athletic fields, athletic courts, controlled sport facility, or park.

Y.    Intentionally hit, throw or kick any object into a fence or building.

Z.    Use an athletic field for an organized activity without obtaining prior authorization.

AA.    Use athletic field lights without obtaining prior authorization.

BB.    Enter into any locked or fenced off area without authorization.

(Ord. 2014-04, Repealed and Replaced, 12/02/14)

12.12.040 Damaging or defacing park property.

It is unlawful for any person to destroy, damage or deface any property owned or used by the City as a park, or any facility or structure or equipment owned or used by the City and located in a park. Violation of this section may be charged as either an infraction or misdemeanor in the discretion of the City Attorney.

(Ord. 2014-04, Repealed and Replaced, 12/02/14)

12.12.050 Park hours.

Except as provided below, all parks shall be closed for public use and it is unlawful to be present in or use any park from one (1) hour after sunset until six a.m., unless otherwise posted on the park premises. This section shall not apply to individuals engaged in City business, a program or activity authorized by the Director, or a program or activity that has been authorized by issuance of a City special event permit. The volleyball courts, tennis courts, horseshoe pit and basketball court at Galt Community Park shall be closed for public use after ten p.m. This chapter shall supersede all prior ordinances and resolutions establishing hours of operation for City parks.

(Ord. 2014-04, Repealed and Replaced, 12/02/14)

12.12.060 Regulations.

A.    The City Council may establish additional rules and regulations for the use of parks by adoption of a resolution, and it is unlawful to violate such additional rules and regulations as long as they are clearly posted in the park. Such rules and regulations shall be based upon the character of the park, the safety of those persons using the parks, the safety and maintenance of park property, the need for and the availability of supervisory personnel, and other factors reasonably affecting the safety and enjoyment of persons using City parks.

B.    The Director is authorized to establish temporary rules and regulations to protect the health, safety and welfare of persons using City parks. Such rules shall be clearly posted in the park, and shall be effective for a period of forty-five (45) days, unless adopted by the City Council within such period, in which case such temporary rule or regulation shall remain in effect.

C.    The Director shall have the authority to close any park or portion thereof and require the exit of all persons therein when he/she determines that conditions exist which present a hazard to the facility or to public safety, or if closure is necessary for maintenance.

(Ord. 2014-04, Repealed and Replaced, 12/02/14)

12.12.070 Ejection or exclusion from parks.

A.    Any Galt police officer may exclude any person who, while present in a park, violates any applicable ordinance, statute, posted rule or regulation, or City policy after being put on notice of same. Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by State or Federal law.

B.    Any person who interferes with any City employee in the performance of his or her official duties, or who by his or her conduct interferes with the lawful use of a park by any other person, or who has violated any posted rule or regulation, shall leave the park upon request by any Galt police officer.

C.    Any person who has been requested to leave a park pursuant to this section shall not return to or reenter the park until six a.m. of the following day.

D.    Violation of this section may be charged as an infraction or misdemeanor in the discretion of the City Attorney.

(Ord. 2014-04, Repealed and Replaced, 12/02/14)

12.12.080 Violations and penalties.

A.    Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, licenses, or causes a violation thereof, and shall be punished accordingly.

B.    It is unlawful and a public nuisance to violate any of the provisions of this chapter. Any person who engages in conduct prohibited by this chapter may be subject to the following penalties:

1.    The first violation of this chapter is an infraction punishable by a fine not to exceed one hundred dollars ($100.00).

2.    A second violation of this chapter within one (1) year, or the continued violation of this chapter after being directed to cease and desist the unlawful activity, is a misdemeanor.

C.    The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.

D.    In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth in Title 21.

(Ord. 2014-04, Repealed and Replaced, 12/02/14)