CHAPTER 5
PARK REGULATIONS
Article 1 PARK REGULATIONS
6.5.102 Definitions.
The definitions set forth herein shall govern the application and interpretation of this chapter.
a. "Director" means the Director of Parks and Recreation or his/her designee.
b. "Park" means all grounds, buildings, improvements, and areas dedicated to use by the public for park, recreation or open space purposes and over which the City has acquired right of use for such purposes.
c. "Shoreline area" means the area on the shore of a body of water between the edge of the water and a line around the body of water four feet from the edge of the water.
d. "Vehicle" means any wheeled device or conveyance, whether propelled by motor, animal or human power. The term "vehicle" excludes City service vehicles, baby strollers and wheelchairs.
e. "Vessel" means any watercraft or other artificial contrivance used or capable of being used as a means of transportation on water.
6.5.104 Compliance With Rules and Regulations.
No person shall disobey or fail to observe any rule, regulation or lawful direction promulgated or made by the Director of Parks and Recreation pursuant to the authorization granted by this chapter.
6.5.106 Rules and Regulations.
a. The Director of Parks and Recreation is authorized to adopt rules and regulations governing the public’s use of the City parks.
b. The Director of Parks and Recreation shall consult with the parks and recreation commission regarding the adoption or amendment of the rules and regulations governing the parks.
c. Nothing in this section is intended to limit the City Council’s ability to enact rules and regulations governing park use.
6.5.108 Permit Required for Special Uses.
a. The Director of Parks and Recreation may select and designate specific areas and facilities in any park which may be limited to special uses, at all times or at certain times, to be designated by the Director of Parks and Recreation and for the use of which a permit in writing or a reservation shall be necessary.
b. Such uses may include, but are not limited to: sports, games or other recreational activities, picnics, assemblies, entertainments, exhibitions, and weddings.
c. Such uses may be restricted at specified times to specified classes of persons, so long as such classification is reasonably necessary therefor, such as, but not limited to, young children and persons attending them, persons of specified ages, or any other reasonable classification not related to race, color, religion, national origin, sex, ancestry, language, political beliefs or affiliations, financial means or education, provided that such classification will facilitate and enhance the widest possible use of parks and park facilities by the public.
6.5.110 Permit Required for Exclusive Uses.
City parks and recreation facilities may be made available for the exclusive use of persons or groups, for a limited period, upon issuance of a permit by the Director of Parks and Recreation, subject to any reasonable conditions imposed by the City Council or the Director of Parks and Recreation and the payment of any fees that the City Council may establish therefor. No exclusive use of any park or building for assemblies or groups may be made unless the Director of Parks and Recreation issues a permit therefor.
6.5.112 Permit Required for Entertainment Uses.
a. No person or persons shall give any exhibition, show, play, entertainment, performance, dance or concert, or project any still or moving pictures in any City park without first having obtained a permit from the Director of Parks and Recreation to do so.
b. The Director of Parks and Recreation shall issue a permit for any such event if it is found that the said use is not likely to interfere with the enjoyment of the park by any other person or persons using the park or property in the vicinity of the location of the proposed event. The Director of Parks and Recreation may attach reasonable conditions as to time, place, manner, frequency and duration of such events so that the health, safety, convenience and enjoyment of any persons not attending such event may not be unreasonably affected.
6.5.114 Permit Procedures and Conditions.
a. No permit or reservation for the use of any park or any picnic area, assembly area, activity area, sports area or other facility in a park shall be refused or limited, nor shall any conditions be attached to the grant or exercise thereof, for any reason not related to the safe, reasonable and orderly use of park facilities.
b. Each application for a permit or reservation must be received at a designated office in the Department of Parks and Recreation and Community Services not less than 20 days or more than 90 days in advance of the date for which such permit or reservation is requested. The Director of Parks and Recreation may waive such minimum or maximum time requirements if it is determined that such waiver is in the best interests of the citizens of the City. Upon granting any permit or reservation, the Director of Parks and Recreation may attach reasonable conditions thereto respecting the time, place, manner, frequency, duration and maximum number of persons who may attend any meeting, assembly, activity or event to be held in any City park or park facility pursuant to said permit or reservation.
c. The Director of Parks and Recreation shall grant or deny each application for such permit or reservation within 10 calendar days after the date of receipt of the application, unless the time for such action has been waived by the applicant. The decision granting or denying said application shall be mailed to the applicant at the address listed on the application. The applicant shall not consider the permit to have been granted until the permit is received.
d. The Director of Parks and Recreation may grant, deny or limit any permit or reservation after he/she shall have considered the suitability of the area or facility for the number of persons expected at such function, whether or not the activity proposed is a legal use thereof, the impact of the proposed use upon public property, the effect of the proposed use upon the peaceful enjoyment of the park by members of the public attending and those not attending said event or activity, the effect of the proposed use upon the peace and convenience of members of the public using private or public property or the public streets in the vicinity of said area or facility, the public health and safety, any traffic or parking problems which may be caused by attendance at such activity or event and the equitable sharing of the use of such facility. The Director of Parks and Recreation is specifically authorized to attach reasonable restrictions and conditions to activities to occur at the event, including but not limited to, restrictions on fires, amplified sound, consumption of alcoholic beverages, dancing, sports, the use or presence of animals, the use of equipment or vehicles, the number of persons to be present, the location of any bandstand or stage within a specific park area, or the creation of any sounds, smoke, light, smell or any other thing which appears likely to create any unreasonable risk of harm or substantial annoyance to any person using said park or to the public, or damage to any public or private property. Violation of any of the terms and conditions of any permit issued under this chapter by the permittee, or any agent, servant or employee of permittee, shall be cause for immediate suspension or revocation of said permit by the Director of Parks and Recreation.
e. The Director of Parks and Recreation may require in connection with any use permit or reservation that adequate police protection be furnished by the permittee and that the permittee provide additional sanitary facilities, refuse receptacles, or make any other reasonable arrangements, based on the type of activity for which the permit or reservation is requested.
f. The Director of Parks and Recreation shall refuse to grant a permit where conditions cannot be met or are not accepted. The applicant must agree to provide a means of informing all of the persons participating in the proposed activity of the terms and conditions of the use permit, if any.
g. No permit or reservation for use of any facility in a City park shall be transferable without the consent in writing of the Director of Parks and Recreation.
h. Upon the granting of a permit under this chapter, any fees or deposits established by the City Council or conditions related thereto shall be paid or complied with by the applicant before the effective date of said permit. If said fees or deposits are not paid before the effective date of said permit, then, in that event, the permit issued shall be null and void.
i. Each person to whom a permit has been granted must agree in writing, upon request from the Director of Parks and Recreation to indemnify and hold the City, its officers, agents and employees, harmless from and against any and all liability for injury to persons or property occurring as a result of the permitted activity of the permittee and said person shall be liable to the City for any and all damage to parks, facilities and buildings owned or controlled by the City, which results from any act or omission of the permittee or is caused by any participant in said activity. Additionally, each person to whom a permit or a reservation is granted must agree in writing, upon request from the Director of Parks and Recreation, to waive all claims or causes of action against the City, its officers, employees or agents which such person may have at any time for damage to or loss of property of any type or form or for injury to persons in, about or upon the permitted or reserved facilities, from any cause or causes arising at any time, except for the active affirmative negligence or willful act of the City, its officers, employees or agents, and to which the person to whom a permit or reservation is granted in no way contributed, either actively or passively, to causing such damage, loss or injury, either directly or through any other person, agent, partner, contractor or associate.
j. The Director of Parks and Recreation may, if the proposed use of park facilities involves risk of damage or injury to persons or to property of others, require the permittee to obtain a policy of public liability insurance with terms and limits of liability as determined by the City’s risk and loss manager to be appropriate for the activity for which the permit is requested. Said policy shall name the City, its officers, agents and employees, as insureds, and shall insure said insureds against all claims, suits and demands of any and all persons for injury, including death or damage sustained by any person or persons arising out of any act or omission of the permittee related to such use of any City park or recreation facility. Any such policy must be approved by the risk and loss manager of City.
6.5.116 Areas Prohibited for Public Use.
a. By posting appropriate notices, the Director of Parks and Recreation may exclude the public from or limit use of any road, area, building, lands, trail, natural feature, water area or facility in a City park which is used for access, storage, parking, shop, office, residence or utility purposes, or other park or recreational use, or any combination thereof, whenever public access to the same will endanger the public health or safety, interfere with such use, or cause damage to such public property or natural resources. The Director of Parks and Recreation may also by appropriate means exclude the public from the place of any construction, repair or demolition activity. No person shall enter or remain or permit any person in their control to enter or remain in any such part of a City park when the same is closed to the public, unless authorized to do so by the Director of Parks and Recreation.
b. No person shall unlock, open, remove, move or tamper with any gate, door, window, ventilator, skylight, screen grate, fence, lock or barrier, or any other thing maintained by the Director of Parks and Recreation to exclude the public from a City park or portion thereof, or tamper with, remove or deface any sign, legend or other notice designating the same as dangerous or prohibiting entry therein.
6.5.118 Exclusion or Removal of Certain Activities, Animals or Materials.
a. The Director of Parks and Recreation may exclude, remove or require to be removed from any City park any animal, vehicle, equipment, activity, thing or material, the use or presence of which therein is likely to:
1) Cause an unreasonable risk of harm or danger to any person or damage to any real or personal property;
2) Cause any unreasonable burden of maintenance or cleanup;
3) Cause any unreasonable annoyance to any person on account of the emission of sound, fumes, smoke, light, vibration, smell, sight, or attractiveness to birds, animals or insects.
b. No person shall fail to observe any rules or regulations made or lawful directions given by the Director of Parks and Recreation in the exercise of the authority of this chapter.
6.5.120 Vehicles.
a. No person shall stop, park, or leave standing or unattended any vehicle, trailer or boat in any park or recreation area of the City, except in an area or space designated for parking of such objects by the Director of Parks and Recreation, or upon any portion of any street or highway upon which the parking of such objects is permitted, or in excess of the time prescribed therefor by any City ordinance, resolution of the City Council, or permit issued by the Director of Parks and Recreation. No person shall stop, park or leave standing or unattended any vehicle, trailer or boat in any area or space designated for parking of such objects by the Director of Parks and Recreation so that any part of such object is within the right-of-way of any street or highway within the limits of any park or recreation area of the City. The Director of Parks and Recreation is hereby directed to post signs giving notice hereof in such and so many portions of City parks and recreation areas as may be affected hereby.
b. No person shall stop, park, or leave standing or unattended any motor vehicle, trailer or boat in any portion of any City park or recreation area during any time for which the Council has determined by resolution that a parking fee shall be charged for parking in said park or recreation area, unless that person shall have paid for and displayed a parking permit issued by the Director of Parks and Recreation which authorizes such object to be so parked, stopped or left standing. Such permit shall be displayed in a prominent and conspicuous place in or upon the object so that it may be easily seen through the windshield thereof.
c. No person shall operate a vehicle, except as authorized by the Director of Parks and Recreation, in any public park or recreation area within the City except upon any publicly owned street or highway which is open for public vehicular traffic within such park or recreation area. No person shall operate any vehicle on any road, street, trail or highway in any City park or recreation area at a speed greater than the speed limit established by ordinance or resolution of the City Council and posted on such road, street, trail or highway, or if no speed is posted, at a speed greater than 15 miles per hour.
d. The Director of Parks and Recreation may designate areas, paths, roads or trails in any City park or recreation area where the riding of bicycles, motorcycles, minibikes, or like vehicles may be permitted. No person shall ride or take any bicycle, motorcycle, minibike or like vehicle upon or in any area, path, road or trail in any City park or recreation area unless such activity is permitted by notices posted by the Director of Parks and Recreation.
e. No person shall wash, wax, dismantle or repair any vehicle, trailer, boat or other equipment, or remove any lubricant from any vehicle, trailer, boat or other equipment, or otherwise service any vehicle, trailer, boat or other equipment, in any City park or recreation area, except for emergency purposes or as authorized by the Director of Parks and Recreation.
f. No person shall take into or operate or park or leave standing within any City park or recreation area any mechanically defective vehicle, trailer or boat, or any type vehicle that is in violation of any Provision of the California Vehicle Code relating to mechanical requirements or safety of vehicles.
g. No person shall leave standing any vehicle, trailer or boat in any City park or recreation area, or portion thereof, at any time when such park or portion thereof is closed to the public, unless authorized in writing by the Director of Parks and Recreation to do so.
h. Any regularly employed and salaried police, security or peace officer of the City may remove from such City park or recreation area, or portion thereof, in the manner provided and subject to the requirements of the California Vehicle Code, any vehicle, trailer or boat left therein, or on any portion thereof, in violation of this section.
6.5.122 Animals.
a. The Director of Parks and Recreation shall establish a list of parks and/or areas within parks in which a person may bring, lead, ride or possess any animal. Said list shall be a part of the rules and regulations of the Director of Parks and Recreation. The presence of animals in other City parks, unless otherwise authorized, shall be prohibited. The foregoing prohibitions shall not prevent any peace officer or other authorized City employee who is on duty from possessing a police dog or a police horse, nor any blind person from possessing a guide dog, in any City park, provided that said animal is at all times in the control of such person.
b. Notwithstanding subsection (a) of this article, equine animals may be led or ridden in any City park in such areas and on such roads or trails as may be designated by the Director of Parks and Recreation for equestrian use. Such an animal shall not be ridden or led at a gait faster than a walk unless a faster gait is permitted by notices posted by the Director of Parks and Recreation. Police officers who are in control of Police equines shall be exempt from the foregoing prohibitions.
c. No person shall tie or leave any horse, mule, pony or donkey, dog, cattle, sheep, or other stock or fowl in any City park, or allow any such animal or fowl to be at large, graze, or damage vegetation on any City park property, or leave any such animal or fowl unattended on any City park property, except that such animal or fowl may be tied or left unattended at such places on City park property specifically designated therefor by the Director of Parks and Recreation. Police officers who are in control of police equines shall be exempt from the foregoing prohibitions.
d. No person shall set out food in any City park for any wild or tame animal, bird, fish or reptile except at feeding stations designated by the Director of Parks and Recreation.
e. No person shall abandon any animal, bird, fish or reptile in any City park.
f. No person shall capture, attempt to capture, hunt, molest, harm, injure, frighten, kill, trap, chase, tease, shoot at or throw missiles at or set any trap or snare for, or administer or set out any bait or harmful substance for any wild or domestic animal, insect, reptile, fish or bird, nor remove nor have in his/her possession the young, the eggs, or the nest of any animal, reptile or bird. Persons who are authorized by the Director of Parks and Recreation to do so may kill, poison, or control or trap any of the above-named creatures.
6.5.124 Fires.
a. No person shall kindle or maintain in any City park any outdoor fire, except a cooking fire or fire in a portable lantern, without first having obtained permission in writing from the Director of Parks and Recreation to do so.
b. No person shall kindle or maintain in any City park any outdoor cooking fire in any place other than in a stove, fireplace or barbecue pit maintained by the Director of Parks and Recreation or in a portable barbecue or camp stove used safely in a designated picnic or cooking area in such park, or in such other location as may be authorized in writing by the Director of Parks and Recreation.
c. In kindling or maintaining an outdoor cooking fire in any City park, no person shall use any fuel except gas, electricity, paper, wood, charcoal or chemical fire starter, or kerosene, gasoline or liquefied petroleum gas in a camp stove, or permit the same to produce any noxious fumes or smoke.
d. No person who kindles or maintains any outdoor fire in a City park shall leave the area where the fire is located without completely extinguishing the fire so that it is cold to the touch.
6.5.126 Smoking.
No person shall ignite or smoke any tobacco or tobacco product, or any other material, on any park trail, bridle path, park restroom or in any fire risk area, nor in any area additionally designated by the Director of Parks and Recreation.
6.5.128 Intoxication.
a. No person shall consume any alcoholic beverage in any area of any City park or facility.
b. Notwithstanding subsection (a) of this section, the Director of Parks and Recreation may designate certain City parks or certain areas or facilities located in certain City parks wherein the consumption of intoxicating beverages is allowed. Additionally, the Director of Parks and Recreation may establish regulations allowing for the consumption of alcoholic beverages under the other permitting procedures of this chapter.
6.5.130 Amplified Sound Restrictions.
a. No person shall in any City park operate or allow to be operated any loudspeaker or sound amplifier or device unless such operation is permitted by the Director of Parks and Recreation and follows the conditions set by the Director of Parks and Recreation.
b. The location of any bandstand and the position of each loudspeaker or sound-amplifying device shall be as specified by the Director of Parks and Recreation to minimize the amount of amplified sound audible in adjacent residential areas or to other park users.
6.5.132 Powered Models.
No person shall operate in any park, any model airplane, boat, car, rocket or other device that is powered by a rocket motor, an internal combustion engine, or other power source, except in an area and at such times as are designated for such use by the Director of Parks and Recreation.
6.5.134 Golf.
No person shall hit any golf ball or use any golfing equipment in any City park except in an area designated for such use by the Director of Parks and Recreation.
6.5.136 Solicitors, Peddlers, and Vendors.
No solicitor, peddler or vendor shall conduct business in any park without complying with the permit requirements of Chapter 5.5 of the Oakley Municipal Code.
6.5.138 Water Pollution Prohibited.
No person shall throw, discharge or otherwise deposit or cause or permit to be placed into the waters of any fountain, pond, lake, stream, bay, pool or any body of water in or adjacent to any City park, or any tributary 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 said water.
6.5.140 Guns, Dangerous Weapons and Fireworks.
a. No person, except an authorized City employee or a peace officer, shall bring into a City park or possess, use or discharge therein any of the following articles or instruments: any firearm or ammunition, any explosive, dynamite cap, fireworks, airgun, pellet gun, spring gun, slingshot, crossbow, bow and arrow (except as otherwise provided in this section), any weapon or instrument by means of which any missile can be propelled, any instrument which can be loaded with blank cartridges, any kind of trapping device, any poisonous substance, any incendiary bomb or material, any smoke or stink bomb, any tear gas or other disabling chemical or agent, any inflammable liquid except motor vehicle fuel contained in the fuel tank of a vehicle, lantern or camp stove, and not more than one gallon of liquid fuel in a closed metal container, or any acid or caustic substance.
b. No person shall shoot any of the above-described weapons or instruments into the park limits from outside the limits of a park.
c. Nothing in this section shall prohibit the use of bows and arrows for archery conducted in areas and at times designated for such use by the Director of Parks and Recreation. Nothing herein shall prohibit the use of firearms at a firing range maintained in a City park by the Director of Parks and Recreation or the Chief of Police, at such times and subject to such conditions as may be designated by or conducted under the supervision of the Director of Parks and Recreation.
d. No fireworks shall be discharged in any public parks.
6.5.142 Removal from Park/Public Property for Prohibited Conduct.
a. Any City employee or agent authorized by the City, including any police officer, may order a person to leave a park or other public property if the person has willfully harassed or interfered with any City employee or agent in the performance of duties, or who by their conduct, or by threatening or profane language, has annoyed or unreasonably interfered with the use of a park or other public property, or who has committed a public offense at such park or public property. Any such person who has been ordered to remove himself/herself from such park or public property shall not return or reenter such area until after 8:00 a.m. of the next day. This section shall not apply to speakers exercising their right under the Ralph M. Brown Act to address a public meeting in the Council Chambers of City Hall.
b. The Director of Public Works may issue a "stay away" order to any individual or group when such person or members of a group have been involved in any documented instance of any of the following prohibited conduct: vandalizing any public property; creating the need for unusual or specialized cleanup or maintenance of public property; defacing facilities or vehicles with graffiti or other materials; interfering with the lawful performance of duty of a City employee or official; committing an act or engaging in behavior that may cause harm, damage or injury to any person or public property.
Any such "stay away" order shall be in writing or given by electronic transmission and delivered to the person or group to whom it is addressed. The order shall specify a period of time that the person or group is prohibited from returning to the park or other public property, but in no event to exceed a period of ninety (90) calendar days from the date of the order. The order shall specify the conduct that motivated the issuance of the order. The order shall specify the park(s) or other public property to which it applies. The order may also require the person or group to make restitution to the City for the cost of any damage or extra maintenance or cleanup of public property, the collection and recovery of which shall be a civil debt owing to the City. If the City successfully petitions a court of competent jurisdiction for enforcement of the stay away order by way of restraining order or injunction, or other judicial relief, the person or group named in the order shall be responsible to reimburse the City for its attorney’s fees and costs. The order shall also specify that it is appealable in the same manner as if an administrative citation had been issued pursuant to Chapter 1.5. This paragraph shall not apply to any person or group exercising the right under the Ralph M. Brown Act to address a public meeting at the Council Chambers of City Hall.
No person or group to which a stay away order has been issued shall return to or reenter the designated park or public property prior to the expiration of the order, unless the order has been overturned on administrative appeal or vacated by a court of competent jurisdiction.
(Sec. 1, Ordinance No. 09-14, adopted August 12, 2014)
6.5.144 Damaging Park Property.
Unless authorized in writing by the Director of Parks and Recreation to do so, no person shall:
a. Pick, saw, chop, carve, cut, remove or damage any flowers, seeds, bark, branches, twigs, leaves or blossoms of any tree, plant, shrub, vine, bush or other vegetation in any park of the City;
b. Drive any nail, screw, bolt or staple into, or attach any wire, rope or other fastening device to any tree or plant in any park of the City;
c. Mark, deface, damage, displace or remove any building, bridge, table, chair, bench, fireplace, barrier, fence, railing, paving or paving material, water pipe or light, or any sign, notice or placard, whether temporary or permanent, or any cultural, natural or historic artifact, or monument stake, post or other boundary marker, or any other structure, equipment, facility or property, or part or appurtenance thereof whatsoever, in or from any park of the City;
d. Cut or remove any sand, wood, turf, grass, gravel, stone or timber in or from any park of the City, or make any excavation by any tool, equipment, blasting or by any other means in any park of the City;
e. Paint, erect, mark, post or fasten on or to any tree, shrub, fence, wall, building, monument or other property in any park any poster, bill, advertisement, inscription, sign or display. The provisions of this subsection shall not apply to any such thing that is authorized or required to be so placed by the Director of Parks and Recreation;
f. Take or operate a vehicle upon or over any lawn or landscaping in any park of the City. City will determine repair or replacement costs in event of damage.
6.5.146 Littering Prohibited.
No person shall deposit, drop or scatter any garbage, trash or rubbish, including, but not by way of limitation, any glass, paper, cans, ashes, leaves and cuttings, furniture, appliances or concrete in any City park except in a receptacle designed and placed to receive the same; nor shall any person import into or deposit in any City park from any other place any such garbage, trash or rubbish.
6.5.148 Closing of Parks.
a. Entering or Remaining After Closing Time.
1) No person shall enter or remain in any City park or portion thereof at any time when the same is closed to the public unless such person is authorized to do so by the City Council, the Director of Parks and Recreation or their authorized designee.
2) The Director of Parks and Recreation shall, by appropriate signs or other means, give notice of closing times, and may designate certain areas which will be closed to the public at a regular closing time, regardless of whether or not any outdoor or indoor activity is being or is scheduled to be conducted elsewhere in the park.
b. Activities After Closing Time. Any portion of a City park or any enclosed building in a City park in which an activity is being conducted or is scheduled to be conducted, with the written permission of the Director of Parks and Recreation, shall not be considered closed after the regular closing time to members of the public who are authorized participants in said activity, and who are within the permitted portion of the park, the said building, any paths leading thereto from any street, or any other facility, outdoor area or off-street parking area intended for use in connection therewith, until 30 minutes after the conclusion of the permitted activity. As to other members of the public who are not participants in an activity being conducted or scheduled to be conducted in any portion of a City park, or in any enclosed building therein, the park and all buildings therein shall be considered closed at the regular closing time.
c. Emergency Closing.
1) The City Council, the Director of Parks and Recreation, the Chief of Police or the Fire Chief, or their authorized designees, may direct any park or designated portion thereof to be closed, or at certain times or from time to time when he/she shall find that the said closing is reasonably necessary for the proper conduct or his/her authorized representative may direct any park or designated portion thereof to be closed, or at certain times or from time to time when they find that the closing is reasonably necessary for the proper conduct of any activity by the Department of Parks and Recreation, to protect public property or natural resources within said City park or any private or public property or natural resources in the vicinity of the park from damage, or to preserve the public peace or safety in said park or portion of a park or in the vicinity thereof. Such emergency closing or limitation on hours of opening by any of the aforementioned authorities, other than the City Council shall not continue in effect after the close of the next regular meeting of the City Council unless said Council, by resolution, shall affirm said closing or limitation on hours with or without modification.
2) When a City park or portion thereof is closed to the public by the Council, the Director of Parks and Recreation, the Fire Chief or the Chief of Police, or their authorized representatives, pursuant to the above authority or any other proper authority, no person shall enter said park or closed portion thereof after notice of such closing or fail or refuse to promptly leave the same when requested to do so by any guard, watchman, custodian, special officer, police officer or other person authorized by the Council, the Director of Parks and Recreation, the Fire Chief or the Chief of Police, or their authorized representatives.
6.5.150 Supervision of Children at Shoreline Area.
No person shall allow any person under the age of 8 years, under his or her supervision or control, to enter or remain along any shoreline area of any lake in any City park unless accompanied by a person 16 years of age or older.
6.5.152 Vessels.
a. No person shall operate any vessel exceeding 16 feet in length in any City park unless with the approval of the Director of Parks and Recreation, except there shall be no vessel length restriction on any vessel used for patrol, maintenance, emergency services or any other use deemed appropriate by the Director of Parks and Recreation.
b. No person shall operate any vessel in any City park through the use of any internal combustion engine except vessels used for patrol, maintenance, emergency services, or any other use deemed appropriate by the Director of Parks and Recreation.
c. No person shall operate any windsurfer, surfboard, air mattress, inner tube or tub in any City park except as designated by the Director of Parks and Recreation. Any manufactured or homemade device deemed unsafe by the United States Coast Guard standards or any park ranger or any vessel which requires occupant(s) to be in the water at any time shall be prohibited.
d. No person under the age of 12 years shall occupy any vessel in any City park without wearing a United States Coast Guard-approved personal flotation device when such vessel is in the water.
e. No person shall operate any vessel without one United States Coast Guard approved personal flotation device for each occupant of said vessel.
f. No person shall operate any vessel in any City park between one hour before sunset and opening hour as designated by the Director of Parks and Recreation. Vessels engaged in maintenance, patrol or emergency services are exempt from this section.
6.5.154 Interference With a Permitted Park Use.
a. It shall be unlawful for a person to place any booth, table, chair, stool, structure, vehicle, or piece of equipment in any portion of a park for which a park permit has been issued without the consent of the permittee.
b. This section shall not apply to persons acting under the direction or control of the City.
6.5.156 Appeals.
Any person aggrieved by the decision of the Director of Parks and Recreation, or his/her designee, shall have the right to appeal the decision to the City Manager or his/her designee (the "City Manager"). Such appeal shall be taken by filing a written notice of appeal with the City Clerk within 10 days of the date of the decision and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the Director of Parks and Recreation’s decision final. The City Manager shall set a time and place for a hearing on the appeal within 10 days of the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall be sent to the person filing the appeal. The decision of the City Manager shall be final and conclusive.
6.5.158 Violations.
Violations of this article shall be charged and prosecuted pursuant to Title 1, Chapter 5 of this Code.
Article 2 SKATEPARK REGULATIONS
6.5.202 Purpose.
The purpose of this article is to protect public safety and to comply with Health and Safety Code Section 115800 by requiring persons riding skateboards, in-line skates, and other permitted wheeled apparatus at public skate parks or public parks to wear a helmet, elbow pads, and knee pads.
6.5.204 Applicability.
This article applies to both public skate parks and to public parks which contain constructed elements intended for use by persons riding skateboards, in-line skates, and other permitted wheeled apparatus.
6.5.206 Definitions.
The following definitions apply to the provisions of this article:
a. "Controlled Substance" means any substance listed in California Health & Safety Code sections 11054, 11055, or 11056.
b. "Helmet" means a properly fitted and fastened protective device that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC) that is worn on the head and is specifically designed and manufactured to absorb the impact of a fall.
c. "Elbow pads" and/or "knee pads" means protective devices that are partially constructed of durable foam-like materials for ground shock resistance that are fitted and fastened to cover the elbows and knees (respectively) and are specifically designed and manufactured to absorb the impact of a fall.
d. "Skateboard" means any device or conveyance with any number of wheels, with a riding surface of any design intended primarily for a person to stand upon with one or two feet, and which is designed to be or can be propelled by human power, and which is not classified as a bicycle or tricycle
e. "Skates" means any device which may be attached to the foot or footwear, to which wheels are attached, including wheels that are "in-line" and where such wheels are used to aid the wearer in moving or propulsion, including in-line skates, roller blades, and roller skates.
f. "Skatepark" means any park exclusively dedicated to uses involving skateboards, skates or other permitted wheeled apparatus as well as areas of public parks containing constructed elements intended for use by persons riding skateboards, in-line skates, and other permitted wheeled apparatus.
6.5.208 Helmets, Elbow Pads, and Knee Pads Required.
No person shall be permitted to ride skateboards, skates, or other similar devices in a public skate park unless that person is wearing a helmet, elbow pads, and kneepads. Any person wearing protective materials other than a helmet, elbow pads, and knee pads shall be deemed to be in violation of this safety requirement.
6.5.210 Posting of Signs at Skate Park.
Signs shall be posted at the skate park giving notice that any person riding a skateboard, in-line skates, or similar devices must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation and prohibition of use of the facilities for one year. Signs shall also be posted setting rules for use of the skate park as set from time to time by resolution, and violation thereof will be subject to citation.
6.5.212 Regulation of Use And Rules of Conduct.
Any person using the skate park shall comply with the following rules and regulations:
a. The hours of use of the skate park shall be from dawn to dusk.
b. While skating or skateboarding, the participant may only use those areas designated for skateboarding or related skating activities.
c. While using the facility, the participant must use personal safety equipment comprised of at least head, knee and elbow protection.
d. No food or drink is allowed in the designated skate area.
e. No moveable obstacles or materials (i.e. ramps/jumps) are allowed in the park.
f. The use of bicycles and scooters are prohibited within the skate area.
g. Any act of vandalism, including the placement of graffiti, anywhere in or on the park is prohibited. The skate park will be closed until any graffiti is removed and/or any other act of vandalism is remedied or repaired. In addition to other penalties provided herein, any person committing an act of vandalism in the skate park, including putting graffiti on any part of the skate park, shall pay for the cost of removal and damages relating thereto.
h. Personal conduct and behavior: The following are prohibited in the park area at all times:
1) Possession or use of any Controlled Substance or alcohol;
2) Being under the influence of any Controlled Substance or alcohol;
3) Fighting, aggressive behavior or other forms of violence;
4) Possession or use of firearms, knives, or other weapons of any kind;
5) Smoking or use of tobacco products.
6.5.214 Penalties.
a. A first violation of this chapter shall be an infraction. Any subsequent violation of this chapter shall be a misdemeanor.
b. Any person determined to have violated any provision of this article may lose his/her privilege to use the skate park facility for up to one year.