Chapter 12.28
PARKS

Sections:

12.28.010    Definitions.

12.28.020    Application of chapter.

12.28.030    Permit – Application contents.

12.28.040    Permit – Standards for issuance.

12.28.050    Violation of regulations – Sanctions.

12.28.060    Penalties.

12.28.070    Closure of facilities.

12.28.080    Park fees – Purpose.

12.28.090    Park fees – Establishment.

12.28.100    Park fees – Criteria.

12.28.110    Violations.

12.28.120    Violations – Group vehicle parking fees.

12.28.130    Schedule of fees.

12.28.140    Failure to obtain required permit.

12.28.150    Priority of use.

12.28.160    Exhibiting permit.

12.28.170    Selling and advertising.

12.28.180    Restrooms and washrooms.

12.28.190    Water pollution.

12.28.200    Refuse.

12.28.210    Smoking.

12.28.220    Consumption of alcoholic beverages.

12.28.230    Fires.

12.28.240    Fireworks.

12.28.250    Firearms, air guns, and other weapons.

12.28.260    Repealed.

12.28.270    Real property – Appropriation or encumbrance.

12.28.280    Property – Use of.

12.28.290    Locks and keys.

12.28.300    Motorized vehicles.

12.28.310    Bicycle trails and bicycles.

12.28.320    Hours of use.

12.28.330    Games.

12.28.340    Swimming.

12.28.350    Boats.

12.28.360    Regulations.

12.28.370    Sound amplification.

12.28.380    Glass beverage containers – Purpose.

12.28.390    Repealed.

12.28.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section.

A.    “City” means the City of Healdsburg.

B.    “Director” means the director of the community services of the City or his/her authorized representative.

C.    “Department” means the department of community services of the City or its authorized representative.

D.    “Facility” or “park facility” means any body of water, land, campsite, recreation area, building, structure, system, equipment, machinery or other appurtenance owned, managed, controlled or operated by the City of Healdsburg. (Ord. 967 § 1, 2000. Code 1964 § 14A-1.)

12.28.020 Application of chapter.

The provisions of this chapter apply to all facilities under the jurisdiction of the City of Healdsburg. As used in this chapter with reference to a facility under the jurisdiction of any such district:

A.    “Director” means the administrator of the community services department.

B.    “Department” means the community services department.

C.    “Facility” or “park facility” means any body of water, land, campsite, recreation area, building, structure, system, equipment, machinery, or other appurtenances owned, managed, controlled, or operated by the City of Healdsburg or the State Department of Fish and Game. (Ord. 967 § 1, 2000. Code 1964 § 14A-2.)

12.28.030 Permit – Application contents.

Whenever a permit is required by provisions in this chapter, an application shall be filed with the director stating:

A.    The name and address of the applicant;

B.    The name and address of the person, group, organization or corporation sponsoring the activity;

C.    The nature of the proposed activity;

D.    The dates, hours and park facility for which the permit is desired;

E.    An estimate of attendance; and

F.    Any other information which the director, regarding public health, safety and welfare, finds reasonably necessary to a fair determination as to whether a permit should be issued. (Ord. 967 § 1, 2000. Code 1964 § 14A-3.)

12.28.040 Permit – Standards for issuance.

The director shall issue a permit hereunder when he finds:

A.    That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;

B.    That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation;

C.    That all conditions including, where applicable, the payment of fees, approval of the City Council, and insurance coverage are met;

D.    That the proposed activity or use is not reasonably anticipated to incite violence, crime, or disorderly conduct;

E.    That the proposed activity or use will not entail unusual, extraordinary, or burdensome expense or security operation by the department; and

F.    That the facilities desired have not been reserved for other use. (Ord. 967 § 1, 2000. Code 1964 § 14A-4.)

12.28.050 Violation of regulations – Sanctions.

A.    A violation of any of the provisions of this chapter, or failure to comply with any of the regulatory requirements of this chapter, is an infraction subject to the procedures described in Section 19.8 of the California Penal Code.

B.    The director shall have the authority to revoke a permit upon a finding of a violation of any regulation contained in this chapter or upon a finding of violation of other City ordinance or law of this state.

C.    The director shall have the authority to eject from any park facility any person acting in violation of regulations contained in this chapter.

D.    The regulations contained herein shall not prohibit any person authorized by the director from normal exercise of requested, assigned, or contractual duties. (Ord. 967 § 1, 2000. Code 1964 § 14A-5.)

12.28.060 Penalties.

A.    Every violation of this chapter constituting an infraction is punishable by (1) a fine not exceeding $50.00 for a first violation; (2) a fine not exceeding $100.00 for a second violation of the same chapter provisions within one year; (3) a fine not exceeding $250.00 for each additional violation of the same chapter provision within one year.

B.    Every violation of this chapter constituting a misdemeanor is punishable by a fine not in excess of $500.00 or by imprisonment in the county jail for not more than six months, or by both.

C.    Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by any such person, and shall be punished accordingly.

D.    Malicious injury or destruction of any real or personal property which constitutes vandalism under the provisions of Section 594 of the Penal Code of the State of California shall be prosecuted as a violation of Penal Code Section 594 and shall be punishable as either a misdemeanor or a felony, as provided in Penal Code Section 594. Under Penal Code Section 594, if vandalism results in damage of $1,000 or more, the vandalism may constitute a felony punishable by a fine of $1,000 or up to a year in state prison, or both.

E.    Effective September 1, 2000, any person violating or failing to comply with the provisions of HMC 12.28.050 or this section may be subject to civil penalties, fees, or charges. (Ord. 967 § 1, 2000. Code 1964 § 14A-6.)

12.28.070 Closure of facilities.

The director shall have the authority to close any park facility or portion thereof and require the exit of all persons therein when he determines that conditions exist in said facility or portion thereof which present a hazard to the facility or to public safety. (Ord. 967 § 1, 2000. Code 1964 § 14A-7.)

12.28.080 Park fees – Purpose.

Section 50402 of the Government Code of the State of California provides that a City may charge for use or services provided in City parks so long as the charges do not exceed the cost of the service. The purpose of this section and HMC 12.28.090 through 12.28.120 is to provide for park fees to be charged by the community services department for various park services and facilities within the parks in amounts reasonably necessary to recover the cost of operating the parks and providing the various services and facilities therein. (Ord. 967 § 1, 2000. Code 1964 § 14A-8.)

12.28.090 Park fees – Establishment.

By resolution duly adopted by the City Council, the community services department may charge fees for park use and use of various facilities or services at one or more of the City parks or recreation facilities, and add to, subtract from, increase or decrease such charges. (Ord. 967 § 1, 2000. Code 1964 § 14A-9.)

12.28.100 Park fees – Criteria.

Park fees and user fees for City parks, recreation facilities and services within City parks established pursuant to this chapter shall comply with the following criteria:

A.    Park fees on a per person or per vehicle basis, or both, may be charged in amounts reasonably necessary to recover the costs of facilities, capital improvements, maintenance and operation of City parks and recreation facilities, enforcement and policing of regulations governing park use, and associated administrative costs.

B.    User fees for facilities and services within City parks and recreational facilities shall be charged in amounts reasonably necessary to recover the cost of providing the facilities and services. Examples of the types of facilities and services for which fees may be charged include, but are not limited to, the following: parking; swimming; reservation of buildings and other facilities for exclusive use; participation in organized athletic and other programs of recreation. (Ord. 967 § 1, 2000. Code 1964 § 14A-10.)

12.28.110 Violations.

A.    It is unlawful for any person to enter or remain in any park facility without having paid the required fee.

B.    Whenever the director determines that parking or standing of vehicles in City parks would be disruptive to park users or create dangerous conditions, then the director shall provide for the erection and posting of signs indicating that the parking or standing of vehicles is prohibited, limited or restricted. It is unlawful for any person to park a vehicle or allow a vehicle to stand in a City park contrary to the prohibitions of any sign authorized by this section. (Ord. 967 § 1, 2000. Code 1964 § 14A-11.)

12.28.120 Violations – Group vehicle parking fees.

The prohibitions of HMC 12.28.110 shall not apply to vehicle parking fees for any organization or group which is expressly authorized in writing by the director to pay such fees following use of a park facility. (Ord. 967 § 1, 2000. Code 1964 § 14A-12.)

12.28.130 Schedule of fees.

The schedule of fees may be established by duly adopted resolution and shall be applicable to the indicated Healdsburg City parks and recreation facilities during the hours of operation of those parks and facilities. The director shall determine the hours of operation of Healdsburg City parks and recreation facilities based on the following criteria:

A.    Weather conditions;

B.    Seasonal recreation activities scheduled or expected to occur at the parks or recreation facilities;

C.    Nature or extent of public use of the parks or recreation facilities;

D.    Cost effectiveness of operation of the parks or recreation facilities. (Ord. 967 § 1, 2000. Code 1964 § 14A-13.)

12.28.140 Failure to obtain required permit.

No person shall use, occupy, or otherwise remain in any park facility or portion thereof for which a permit is required without first having obtained such permit. (Ord. 967 § 1, 2000. Code 1964 § 14A-14.)

12.28.150 Priority of use.

Any person using a park facility or portion thereof which may be reserved by obtaining a permit, but who has not obtained such a permit, shall vacate said area when holders of a valid permit present themselves. (Ord. 967 § 1, 2000. Code 1964 § 14A-15.)

12.28.160 Exhibiting permit.

No person shall fail to produce and exhibit a permit he claims to have upon request of any department employee or any peace officer who desires to inspect said permit for the purpose of enforcing compliance with any regulations in this chapter. (Ord. 967 § 1, 2000. Code 1964 § 14A-16.)

12.28.170 Selling and advertising.

A.    Within the boundaries of any park facility, no person shall sell, vend, peddle, expose, offer for sale, or distribute after sale to the public any merchandise, service, or property, or sell tickets for any event, nor shall any person distribute, circulate, give away, throw, or deposit in or on any park facility any handbills, circulars, pamphlets, papers, or advertisements, which material calls the public attention in any way to any article or service for sale or hire, nor within any park facility shall any person solicit or collect donations of money or other goods from the public, without express approval of the City Council for such activity within the specific park facility.

B.    A request for approval as required by this section shall be submitted to the City Council for any activity that requires a written contractual agreement. The director may approve any other request unless, in the discretion of the director, the request is an unusual one that should be submitted to the City Council for approval. (Ord. 967 § 1, 2000. Code 1964 § 14A-17.)

12.28.180 Restrooms and washrooms.

Male persons shall not enter any restroom or washroom set apart for females, and female persons shall not enter any restroom or washroom set apart for males, except this shall not apply to children under the age of six years who are accompanied by a person who is of the sex designated for that facility and who has reason to be responsible for that child. A violation of the provisions of this section is a misdemeanor. (Ord. 967 § 1, 2000. Code 1964 § 14A-18.)

12.28.190 Water pollution.

While within the boundaries of any park facility, no person shall throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay, or other body of water or in any tributary, stream, or drain flowing into such waters, any substance, matter, or thing, liquid or solid, including, but without limitation to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, food matter, wood, fiber, and plastics. (Ord. 967 § 1, 2000. Code 1964 § 14A-19.)

12.28.200 Refuse.

No person shall dump, deposit, or release any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or trash in or on any park facility, except that refuse which is incidental to the use of the facility may be deposited in the receptacles provided therefor. For purposes of this section, an incinerator, stove, fire ring, barbecue, or other device used to contain fires or for cooking is not a proper receptacle for refuse or other waste material. (Ord. 967 § 1, 2000. Code 1964 § 14A-20.)

12.28.210 Smoking.

No person shall smoke any substance in any area designated as a nature trail or nature area or in or on any park facility where smoking is prohibited. (Ord. 967 § 1, 2000. Code 1964 § 14A-21.)

12.28.220 Consumption of alcoholic beverages.

A.    No person shall consume any alcoholic beverage within any park or park facility. For purposes of this section, possession of any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, and the contents of which has been partially removed, or with any other indicia of consumption, shall be prima facie evidence of a violation of this section.

B.    Notwithstanding subsection (A) of this section, the City Council, by motion, may authorize alcohol consumption in a park or park facility by a particular group or person or during a particular event.

C.    Notwithstanding subsection (A) of this section, consumption of alcohol shall be permitted in the Plaza Park on the scheduled dates and times of the annual Summer Concert Series. Nothing in this subsection shall be construed to conflict with the provisions of California Penal Code Section 647(f) nor to authorize any conduct or activity prohibited by said Penal Code section.

D.    Notwithstanding any other provision of this code to the contrary, violation of the provisions of this section shall constitute an infraction, and shall be punishable pursuant to the provisions of Government Code Section 36900. (Ord. 1163 § 2, 2017; Ord. 1022 § 1, 2005; Ord. 967 § 1, 2000. Code 1964 § 14A-22.)

12.28.230 Fires.

A.    Without a permit issued by the director, no person shall ignite, maintain, or use any fire in any place within any park facility except in a barbecue cooker or other cooking device authorized by the director for that purpose.

B.    No person shall ignite or maintain a fire of materials deposited in any can, box, trench, pit, or other receptacle maintained for the purpose of garbage disposal or incineration. (Ord. 967 § 1, 2000. Code 1964 § 14A-23.)

12.28.240 Fireworks.

No person shall possess or ignite in any manner any firecracker or fireworks, including any article for the making of a pyrotechnic display, unless a permit for such discharge or display has been obtained from the director. (Ord. 967 § 1, 2000. Code 1964 § 14A-24.)

12.28.250 Firearms, air guns, and other weapons.

No person other than peace officers in the discharge of their duties shall use, maintain, possess, fire, or discharge any firearm, air gun, spring gun, bow and arrow, slingshot, or any other weapon potentially dangerous to wildlife or human safety, except in areas, at times, and under conditions designated by the director for such use. A violation of the provisions of this section is a misdemeanor. (Ord. 967 § 1, 2000. Code 1964 § 14A-25.)

12.28.260 Animals.

Repealed by Ord. 1053. (Ord. 967 § 1, 2000. Code 1964 § 14A-26.)

12.28.270 Real property – Appropriation or encumbrance.

No person shall deposit any earth, sand, rock, stone, or other substance within any park facility, nor shall he dig or remove any such material from within any park facility, nor shall he erect or attempt to erect any building, wharf, or structure of any kind by driving or setting up posts or piles, nor in any manner appropriate or encumber any portion of the real property without a permit from the director. (Ord. 967 § 1, 2000. Code 1964 § 14A-27.)

12.28.280 Property – Use of.

No person shall:

A.    Dig up, pick, remove, mutilate, injure, cut, or destroy any turf, tree, plant, shrub, bloom, flower, artifact, or archeological site, or any portion thereof;

B.    Cut, break, injure, deface, or disturb any building, sign, fence, bench, structure, apparatus, equipment, or property, or any portion thereof; or

C.    Without a permit from the director, make or place on any tree, plant, shrub, bloom, flower, building, sign, fence, bench, structure, apparatus, equipment, or property, or an any portion thereof, any rope, wire, mark, writing, printing, sign, card, display, or similar inscription or device. (Ord. 967 § 1, 2000. Code 1964 § 14A-28.)

12.28.290 Locks and keys.

No person other than one acting under the direction of the director shall duplicate or cause to be duplicated a key used by the department for a padlock or door lock of any type or description, nor shall any person divulge the combination of any lock so equipped to any unauthorized person. (Ord. 967 § 1, 2000. Code 1964 § 14A-29.)

12.28.300 Motorized vehicles.

A.    While within the boundaries of any park facility, no person shall drive or operate any automobile, motorcycle, motor scooter, trail bike, dune buggy, truck, or other motorized vehicle on roads or trails other than those designated for that purpose without a permit from the director.

B.    While within the boundaries of any park facility, no person shall drive any automobile, motorcycle, motor scooter, truck, or other motorized conveyance, except an authorized emergency vehicle, at a rate of speed exceeding 10 miles per hour, except as may be otherwise posted by the director, or in any case at speeds exceeding safe conditions dictated by prevailing circumstances.

C.    No person shall operate any automobile or other motorized vehicle within the boundaries of any park facility unless such vehicle is currently licensed, except unlicensed vehicles may be operated in areas designated and posted for such use and in accordance with the rules established for such areas.

D.    No person shall park any automobile or other motorized vehicle within any park facility except in areas specifically designated as parking areas. In no case shall any person park a motorized vehicle in a manner that presents a hazard to the public.

E.    No person shall park or otherwise allow automobiles and other conveyances to remain within the boundaries of any park facility during the hours the facility is closed without a permit from the director.

F.    No person shall abandon any motorized vehicle within the boundaries of a park facility.

G.    No person shall wash or repair any automobile or other motorized vehicle within the boundaries of any park facility.

H.    All motorized vehicles within the boundaries of any park facility shall be equipped with a properly installed muffler device which is in constant operation and which prevents excessive or unusual noise. No such muffler device or exhaust system shall be equipped with a cutout, bypass, or similar device. (Ord. 967 § 1, 2000. Code 1964 § 14A-30.)

12.28.310 Bicycle trails and bicycles.

Within the boundaries of any park facility, no person shall:

A.    Operate any motorized vehicle, including, without limitation, motorcycles, trail bikes, or motorized bicycles, upon any bicycle trail except at street, driveway, or access road intersections for the purpose of crossing a bicycle trail without a permit from the director;

B.    Use any portion of a bicycle trail while on roller skates or a skateboard, except that roller skating may be allowed on portions of a bicycle trail designated for such use by the director and where signs allowing such use have been placed;

C.    Hold any competitive event on any bicycle trail without a permit from the director;

D.    Ride a bicycle on any grassy area, path, or walkway designated for pedestrian or equestrian use. A bicyclist shall be permitted to push a bicycle by hand over any such grassy area, path, or walkway;

E.    Leave a bicycle in any place or position where other persons may trip over or be injured by it;

F.    Ride a bicycle on a designated off-street bicycle trail in excess of 10 miles per hour, except for permitted competitive events; or in a manner which is unsafe or which may be injurious to the rider or other persons except for permitted competitive events;

G.    Ride a bicycle upon any unpaved road, trail, or area, except on authorized fire roads, service roads, or paths designated for bicycle use. (Ord. 967 § 1, 2000. Code 1964 § 14A-31.)

12.28.320 Hours of use.

The director is authorized to promulgate reasonable opening and closing hours for park facilities. No person shall enter, remain in, or camp in or on any park facility during the hours or any part of the hours said facility is closed without a permit from the director. (Ord. 967 § 1, 2000. Code 1964 § 14A-32.)

12.28.330 Games.

The playing of rough or comparatively dangerous games such as football, baseball, horseshoes, soccer, or of any games involving thrown, hit, or otherwise propelled objects such as golf balls, balls of other description, stones, arrows, javelins, or model airplanes is prohibited except in fields, courts, or areas specifically provided therefor, or, with express permission of the director, in areas compatible to said use. Persons desiring to use a park facility for the specific purpose for which the facility was established shall have priority of use over persons using said facility for another nonproscribed purpose. (Ord. 967 § 1, 2000. Code 1964 § 14A-33.)

12.28.340 Swimming.

No person shall swim, bathe, or wade in any water or waterways within any park facility when such activity is prohibited and so posted by the director upon his finding that use of the water would be dangerous to the user, incompatible with the function of the facility, or inimical to public health. (Ord. 967 § 1, 2000. Code 1964 § 14A-34.)

12.28.350 Boats.

Regulations governing the use of boats within any park facility may be established and posted by the director. Said regulations shall promote the safety of swimmers and boaters, the protection of property, and general public enjoyment of the facility. (Ord. 967 § 1, 2000. Code 1964 § 14A-35.)

12.28.360 Regulations.

The director may establish and post regulations governing the use of park facilities that are not inconsistent with regulations contained in this chapter and which promote public health and safety and the preservation of property. (Ord. 967 § 1, 2000. Code 1964 § 14A-36.)

12.28.370 Sound amplification.

Within any park facility, no person shall use sound amplification equipment in excess of the noise levels provided by the California Vehicle Code without a permit from the director. (Ord. 967 § 1, 2000. Code 1964 § 14A-37.)

12.28.380 Glass beverage containers – Purpose.

The City of Healdsburg operates and maintains its parks and park facilities for the use, benefit, recreation and enjoyment of the general public. However, the City’s park facilities accumulate significant amounts of litter annually, a large percentage of which consists of randomly discarded glass beverage containers. The recurring and increasing presence of broken glass resulting from such discarded containers poses a serious threat to the public safety at such park facilities and unreasonably interferes with the public’s use and enjoyment thereof. Broken glass is a unique form of litter, in that it can virtually elude cleanup efforts. In particular, it accumulates from year to year on beaches and rocky shorelines, often hidden underwater beneath a layer of sand or silt, constituting an undetectable hazard to swimmers and waders. Submerged or otherwise concealed broken glass has resulted in injuries to park visitors involving deep cuts, lacerations and other complications. In almost all cases, advance medical care beyond basic first aid was required, with most cases requiring suture of lacerations. Additionally, some victims required treatment for shock. In some cases, it appeared likely that surgery would be required to repair nerve, cartilage or tendon damage. Many more such injuries occur, yet go unreported.

It is therefore essential to the preservation of the public peace, health, welfare and safety, and the furtherance of safe public use and enjoyment of parks and park facilities, that the presence of glass beverage containers upon such premises be prohibited. (Ord. 967 § 1, 2000. Code 1964 § 14A-38.)

12.28.390 Off-leash area use regulations.

Repealed by Ord. 1053. (Ord. 1042 § 1, 2006; Ord. 1001 § 2, 2003. Code 1964 § 14A-40.)